Documente Academic
Documente Profesional
Documente Cultură
________________________________________ ________________________________________
(Address)
(Name)
To Defendant(s):
5,000.00 1. You are notified that Plaintiff(s) demand(s) from you the amount of $ ______________ plus court costs based on (state briefly the basis for the demand, not to exceed $5000): Hay cuttings and bales from 2010, 2011 and 2012
Attached and incorporated by reference is the letter and Notice of Right to Cure.
2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgment may include the amount requested plus interest and court costs. 3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption from electronic filing requirements. 4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. 5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the clerks office of any address change.
___________________________________
Mailing address
___________________________________ ___________________________________
Additional email address, if applicable Telephone number Email address
msibbel@sibbellawoffice.com ___________________________________
___________________________________
Additional email address, if applicable
___________________________________
eForm 3.27: Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service
Plaintiff(s)
_______________________________________ Defendant(s)
(Name) (Name)
vs.
Martha A Sibbel 1. I, ______________________________________________, am a party or an employee of Plaintiff(s) whose claim(s) is (are) shown in the attached statement(s). I have personal knowledge that the attached statement(s) is (are) a true copy of the original creditors records 5,000.00 showing the balance due is true and correct. I further state that the sum of $__________ is the 10/4/2013 balance due and owing as of ____________________________ from Defendant(s) to Plaintiff(s) and any interest amount owing is accurately stated in the Petition or Original Notice.
2639 265th St., Sac City, IA 50583 2. I further state that Defendant resides at __________________________________________, Iowa Department of Transporation is employed at _________________________________________________________________, unknown and Defendants occupation is ____________________________________________________.
3. Check A, B, or C for Defendant: A. Defendant is not in the military service of the United States government, I have verified this fact by (check one): Checking the Defense Manpower Data Center (DMDC) (requires name and SSN or name and date of birth) at https://www.dmdc.osd.mil/appj/scra/scraHome.do. Contacting Defendant who informed me. Regularly seeing Defendant and believing Defendant is not active in the U.S. military. OR B. I have investigated, and I am unable to determine whether or not Defendant is in the military service of the United States government. OR C. Defendant is in the military service of the United States government. 4. I also state to the best of my knowledge (check one): Defendant is is not under a disability or confined in a reformatory, jail, or penitentiary. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that these facts are true and correct.
11/12/2013 Date:__________________________________
712-775-2388 _______________________________________ Phone # msibbel@sibbellawoffice.com _______________________________________ EMail adress
_______________________________________ Additional email address, if appilcable
_______________________________________ Signature of Affiant Martha A. Sibbel /s/_____________________________________ Filing Plaintiff or Attorney Law Office of Martha Sibbel PLC _______________________________________ Law firm, or entity for which filing is made, if applicable
eForm 3.27: Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service
Plaintiff(s)
_______________________________________ Defendant(s)
(Name) (Name)
vs.
Martha A Sibbel 1. I, ______________________________________________, am a party or an employee of Plaintiff(s) whose claim(s) is (are) shown in the attached statement(s). I have personal knowledge that the attached statement(s) is (are) a true copy of the original creditors records 5,000.00 showing the balance due is true and correct. I further state that the sum of $__________ is the 10/4/2013 balance due and owing as of ____________________________ from Defendant(s) to Plaintiff(s) and any interest amount owing is accurately stated in the Petition or Original Notice.
2639 265th St., Sac City, IA 50583 2. I further state that Defendant resides at __________________________________________, unknown is employed at _________________________________________________________________, unknown and Defendants occupation is ____________________________________________________.
3. Check A, B, or C for Defendant: A. Defendant is not in the military service of the United States government, I have verified this fact by (check one): Checking the Defense Manpower Data Center (DMDC) (requires name and SSN or name and date of birth) at https://www.dmdc.osd.mil/appj/scra/scraHome.do. Contacting Defendant who informed me. Regularly seeing Defendant and believing Defendant is not active in the U.S. military. OR B. I have investigated, and I am unable to determine whether or not Defendant is in the military service of the United States government. OR C. Defendant is in the military service of the United States government. 4. I also state to the best of my knowledge (check one): Defendant is is not under a disability or confined in a reformatory, jail, or penitentiary. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that these facts are true and correct.
11/12/2013 Date:__________________________________
712-775-2388 _______________________________________ Phone # msibbel@sibbellawoffice.com _______________________________________ EMail adress
_______________________________________ Additional email address, if appilcable
_______________________________________ Signature of Affiant Martha A. Sibbel /s/_____________________________________ Filing Plaintiff or Attorney Law Office of Martha Sibbel PLC _______________________________________ Law firm, or entity for which filing is made, if applicable
eForm 3.27: Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service
SAC In the Iowa District Court for ________________ County Plaintiff(s) AMENDED Verification of Account, Identification of Judgment Dianna Johnson _______________________________________
(Name) (Name)
_______________________________________ Defendant(s)
(Name) (Name)
vs.
Martha A Sibbel 1. I, ______________________________________________, am a party or an employee of Plaintiff(s) whose claim(s) is (are) shown in the attached statement(s). I have personal knowledge that the attached statement(s) is (are) a true copy of the original creditors records 5,000.00 showing the balance due is true and correct. I further state that the sum of $__________ is the 10/4/2013 balance due and owing as of ____________________________ from Defendant(s) to Plaintiff(s) and any interest amount owing is accurately stated in the Petition or Original Notice.
2639 265th St., Sac City, IA 50583 2. I further state that Defendant resides at __________________________________________, unknown is employed at _________________________________________________________________, unknown and Defendants occupation is ____________________________________________________.
3. Check A, B, or C for Defendant: A. Defendant is not in the military service of the United States government, I have verified this fact by (check one): Checking the Defense Manpower Data Center (DMDC) (requires name and SSN or name and date of birth) at https://www.dmdc.osd.mil/appj/scra/scraHome.do. Contacting Defendant who informed me. Regularly seeing Defendant and believing Defendant is not active in the U.S. military. OR B. I have investigated, and I am unable to determine whether or not Defendant is in the military service of the United States government. OR C. Defendant is in the military service of the United States government. 4. I also state to the best of my knowledge (check one): Defendant is is not under a disability or confined in a reformatory, jail, or penitentiary. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that these facts are true and correct.
11/12/2013 Date:__________________________________
712-775-2388 _______________________________________ Phone # msibbel@sibbellawoffice.com _______________________________________ EMail adress
_______________________________________ Additional email address, if appilcable
_______________________________________ Signature of Affiant Martha A. Sibbel /s/_____________________________________ Filing Plaintiff or Attorney Law Office of Martha Sibbel PLC _______________________________________ Law firm, or entity for which filing is made, if applicable
eForm 3.27: Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service
SAC In the Iowa District Court for ________________ County Plaintiff(s) AMENDED Verification of Account, Identification of Judgment Dianna Johnson _______________________________________
(Name) (Name)
_______________________________________ Defendant(s)
(Name) (Name)
vs.
Martha A Sibbel 1. I, ______________________________________________, am a party or an employee of Plaintiff(s) whose claim(s) is (are) shown in the attached statement(s). I have personal knowledge that the attached statement(s) is (are) a true copy of the original creditors records 5,000.00 showing the balance due is true and correct. I further state that the sum of $__________ is the 10/4/2013 balance due and owing as of ____________________________ from Defendant(s) to Plaintiff(s) and any interest amount owing is accurately stated in the Petition or Original Notice.
2639 265th St., Sac City, IA 50583 2. I further state that Defendant resides at __________________________________________, Iowa Department of Transporation is employed at _________________________________________________________________, unknown and Defendants occupation is ____________________________________________________.
3. Check A, B, or C for Defendant: A. Defendant is not in the military service of the United States government, I have verified this fact by (check one): Checking the Defense Manpower Data Center (DMDC) (requires name and SSN or name and date of birth) at https://www.dmdc.osd.mil/appj/scra/scraHome.do. Contacting Defendant who informed me. Regularly seeing Defendant and believing Defendant is not active in the U.S. military. OR B. I have investigated, and I am unable to determine whether or not Defendant is in the military service of the United States government. OR C. Defendant is in the military service of the United States government. 4. I also state to the best of my knowledge (check one): Defendant is is not under a disability or confined in a reformatory, jail, or penitentiary. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that these facts are true and correct.
11/12/2013 Date:__________________________________
712-775-2388 _______________________________________ Phone # msibbel@sibbellawoffice.com _______________________________________ EMail adress
_______________________________________ Additional email address, if appilcable
_______________________________________ Signature of Affiant Martha A. Sibbel /s/_____________________________________ Filing Plaintiff or Attorney Law Office of Martha Sibbel PLC _______________________________________ Law firm, or entity for which filing is made, if applicable
DIANNA KAY JOHNSON , Plaintiff(s), vs. Case No: 02811 SCSC015374 Order Setting Small Claim Trial
The defendant has filed a denial of claim and this matter should be set for trial. If either party believes that the trial will last more than one (1) hour, that party should promptly notify the Clerk of Court. A Non Jury Trial is scheduled on 01/27/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The Court will electronically record the trial. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
1 of 2
State of Iowa Courts Case Number SCSC015374 Type: Case Title DIANNA JOHNSON VS ROGER & LINDA HANSON ORDER SETTING TRIAL So Ordered
2 of 2
IN THE IOWA DISTRICT COURT FOR SAC COUNTY DIANNA KAY JOHNSON Petitioner, VS 02811 SCSC015374
ORDER
LINDA KAYE HANSON RODGER HANSON
Respondent.
Attorney David Jennett has appeared on behalf of the defendant, filed a counterclaim and motion for continuance. The motion for continuance is sustained. The clerk shall reschedule. Attorney Jennett shall consult with the plaintiffs and determine a date that will work for everyone.
1 of 2
State of Iowa Courts Case Number SCSC015374 Type: Case Title DIANNA JOHNSON VS ROGER & LINDA HANSON OTHER ORDER So Ordered
2 of 2
DIANNA KAY JOHNSON , Plaintiff(s), vs. Case No: 02811 SCSC015374 Order Setting Small Claim Trial
The defendant has filed a denial of claim and this matter should be set for trial. If either party believes that the trial will last more than one (1) hour, that party should promptly notify the Clerk of Court. A Non Jury Trial is scheduled on 02/17/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The Court will electronically record the trial. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
1 of 2
State of Iowa Courts Case Number SCSC015374 Type: Case Title DIANNA JOHNSON VS ROGER & LINDA HANSON ORDER SETTING TRIAL So Ordered
2 of 2
E-FILED 2014 FEB 11 9:49 AM SAC - CLERKPlaintiff's OF DISTRICT COURT Exhibit 101,
p. 1
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
102, p. 1
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
102, p. 2
E-FILED 2014 FEB 11 9:49 AMPlaintiff's SAC - CLERK OF DISTRICT Exhibit 102, p. COURT 3
E-FILED 2014 FEB 11 9:49 AMPlaintiff's SAC - CLERK OF DISTRICT COURT Exhibit 102, p. 4
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
103, p. 1
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 1
Ag Decision Maker
File A3-10
per gallon will cause total machinery costs toincrease byapproximately business, or perform custom work for others. Others rent machinery 5 percent. This rate schedule isintended only as a guide. Actual custom orperform other services. The information below is based on survey rates may vary according to availability ofmachinery in a given area, responses from 249 Iowa farmers, custom operators, andfarm timeliness, operator skill, field size and shape, crop conditions, and the managers. For each operation, the average rate and the range reported performance characteristics ofthe machine being used. are shown. Twenty-six percent ofthe respondents perform custom work, Rental rates for some machinery items are shown onthefollowing page, 14percent hire work done, and 60 percent indicated doing both. along with a worksheet forestimating rental rates for other items. Values below are rates expected to be charged orpaid this year, and Note: All rates include fuel, repairs, depreciation, interest, labor include tractor, implement, fuel, and labor. The average price for diesel fuel was assumed to be $3.50 per gallon. Afuel price increase of$0.50 and all other machinery costs for thetractor and implement.
Tillage
Chopping cornstalks,/acre Moidboardplowing,/acre Chisel plowing, / acre Disk/chiseling,/acre
Vertical Tillage,/acre
Average
Range
$11.40 5.00 - 18.00 16.15 11.00 - 20.00 15.20 9.00 - 20.00 16.05 9.00 - 22.00
15.05 10.00 - 20.50
Average
Range
55.00 60.00 50.00 38.00 48.00 35.00
18.80 19.60
22.45 13.60 17.00 9.65 13.85 13.35 13.45 12.50 15.20 9.15 7.90
Small grain combining, / acre 29.70 22.00 Complete harvesting (combine, cart, haul to farm storage)
-Com,/acre 46.15
30.00 - 78.00
- Soybeans, / acre
28.00 25.00
Drying com (includes fuel, electricity, labor) - continuous flowdryer (/ point / bu.) 0.049
0^066
6.80
0.020
2.00
5.60
2.00
Planting
-w/fert&insect, attach.,/a.
- without attachments, / acre -w/splitters & attach.,/acre -no-tillplanter,/acre
$18.45
16.60 19.05 18.45
12.00 - 28.00
12.00 - 27.00 13.00 - 25.00 13.00 - 31.00
- no-till planter w/splitters, / a. - ridgetillplanter, / acre Extra chargefor seed shut-offs, / acre Extra charge forvariable rateseeding, / a. Drilling soybeans,/acre Drilling soybeans, no-till,/acre Drilling grass seed,/acre Drilling small grain,/acre Seeding grass, broadcast withtractor, / a. Seedinggrass, broadcast with ATV,/ acre
Seed tender, / acre
19.85 21.00 2.20 2.45 15.75 17.40 15.35 14.90 11.55 13.00
3.05
14.00 20.00 0.50 1.00 12.00 10.00 8.00 11.00 8.00 10.00 1.00 -
5.00 -
30.00 23.00 Harvesting Forages 5.00 5.00 Hay - mowing, / acre - conditioning, / acre 19.00 - mowing/conditioning, / acre 30.00 -rakihgi/acre 20.00 'Windrowingv/acrc 20.00 - tedding, / acre 15.00 Swathing hay or smallgrain, / acre 20.00 Haybaling--smalFsquare;/bale 6.00 - largesquare,/bale - large round w/o wrap,/bale 10.00 - large round with wrap,/ bale 15.00 Straw or com stalk baling 15.00 - large round or squarew/o wrap, / bale 12.00 - large roundor squarew/wrap,/bale
- to farm storage, wagon, / bu. -farm storage to mkt.,wagon,/bu. -tomkt., truck,/bu., (5 mL 1-way) - to mkt., truck,/bu., (25 mi. 1-way) - to mkt., truck,/bu., (100 mi. 1-way)
9.00
11.95 10.00 13.00 10.00 6.25 2.50 12.50 10:00 6.10 4.00 13.50 11.50 0.60 0.3510.45 8.00 10.95 9.00 11.85 9.00 -
10100 15.00
10.00 15.00 1.00 12.00 13.50 16.00 14.00 17.50 4.00 5.00 0.27 0.40 91.65 87.50 8.50 12.00
Fertilizer Application (materials not included) Dry bulk - applied,/ acre $4.95
- strip-till,/acre 16.20
- spraying, / acre - strip-till,knifed,/acre - side dressing, / acre Anhydrous-injecting, w/tool bar,/acre - Injecting, w/o tool bar, /acre Spreadinglime, / ton
Liquid
Moving large round bales to storage, / bale Moving large square balesto storage,/bale Hauling round bales,/ bale, / loadedmile 0.19 Hauling square bales, / bale,/ loaded mile 0.25 Silage-chopping,/hr.,/header row 49.85
- chop, haul, fill silo,/hr.,/hdr row - chop, haul, fill silo, / ton Filling silage bags,/foot of bag 53.40 7.90
11.70 10.00 13.00 10.00 2.85 1.50 3.55 2.00 0.07 0.13 25.00 28.35 7.00 8.00 -
10.15 12.70
9.45
8.50 7.50 -
16.00
11.80 51.25
Earlage orsnaplage-chopping,/acre
FM 1698
47.05
Revised
38.00 -
March 2013
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
Range
40.00 -135.00
104, p. 2
Range
Spreading llq. manure, inject., /1000 gal. Liquid manure w/drag line, /1000 gal.
Loading solid manure, / hour
Drivingsteet fence posts, / post Driving wooden fence posts, / post Building terraces, grassed backed, / foot
Building terraces, narrow based, / foot Trenching,/foot
Tiling, tiling machine (ex. materials), / fool Tiling, tile plow(ex. materials), / foot Back hoeing, / hour Clearing land, / hour Building ponds, / hour ^Tdln^nwc^irteEyf^hour Mowing CRP or pasture, / acre
Mowing fence rows, ditches, / hour
Chopping brush, / acre
8.30 4.50 - 12.50 Com,/acre $126.65 85.00 -175.00 11.50 5.00 - 16.65 Soybeans,/acre m.40 68.00 -165.00 10.35 10.00 - 11.00 Small grain,/acre 83.25 50.00 -100.00 223.75 135.00 -300.00 11.40 7.00 - 15.00 Machine Rental (operator, tractor, and fuel not included) 11.90 9.00 - 17.50 Average Range 10.75 8.00 - 12.50 Ttsstatyi horsepower, / hour $0k27 Old 0*576.15 40.00 -100.00 Grain drill, / acre 9.85 6.00 15.00 126U5 50.00 -200.00 No-till soybean drill,/ acre 11.90 9.00 - 18.00 41.35 25.00 - 60.00 Com head for combine, /acre 8.70 6.00 - 13.00 18.10 15.00 - 20.00 Soybean head for combine, / acre 8.80 6.00 - 12.00 13.40 10.00 - 19.00 Grain cart with auger, corn, / acre 5.90 3.00 - 10.00 17.55 15.00 - 20.00 Grain cart with auger, soybeans, / acre 5.45 3.00 9.00 14.40 12.00 - 18.50 Grainwagon, /bu. 0.08 0.05 0.11 4.95 2.00 8.00 Grain truck (semi), / bu. / round trip 0.12 7.70 0.10 0.15 4.50 - 15.00 Grain auger,/bu. 7.85 0.06 0.03 - 0.08 3.50 - 12.00 Grain vacuum, /bu. 0.06 0.08 0.02 0.05 0.12 0.10 Grain cleaner,/bu. 0.09 0.07 0.04 0.15 0.05 0.09 Liquid manure spreader, / hour 3.70 3.00 33.10 4.00 30.00 35.00 Solidmanure spreader, / hour 2.60 2.00 3.10 40.50 20.00 55.00 Skid loader, / hour 3.15 3.00 3.50 51.95 20.00 80.00 3.50 3.00 Dry bulk fertilizer applicator, / acre 4.25 3.15 2.00 5.00 12.05 6.50 - 18.00 Liquid fertilizer applicator, / acre 5.55 3.50 7.00 4.35 3.00 5.00 Anhydrous fertilizer applicator, / acre 4.50 2.50 6.50 3.0* 2.00 - 4.00 Power washer, / hour 38.10 30.00 50.00 3.95 2.00 5.25 Generatory/jhour 480* 30S00~- I00!00: 2.50 1.50 4.00 Tub grinder,/hour 212.90 175.00 -265.00 2.15 1.45 3.25 1.65 1.10 2.00 Bin Rental Average Range 1.05 0.75 1.60 Bin dryer, / bu. dried, (no fuel or labor) $0,045 0.020 - 0.060 0.90 0.40 1.20 Storing grain, bin rental/ bu., / month 0.026 0.010 - 0.050 87.90 50.00 150.00 Storing grain, bin rental / bu., / year 0.163 0.050 - 0.300 136.65 80.00 195.00 146.30 100.00 200.00 Farm Labor Wages for Operating Machinery 42,8fr 20!CO 7530
*#&' 2OS0CP
16.25 66.15 285r 25.50 3.45
8.00
30,00 12.0015.00 1.00
Average
Range
$14.90 13.30
Example:
Tandem Disk
$
X
2. Percent of custom charge that is for interest, insurance, depreciation, and repairs (excluding fuel and labor) (use 70% for tillage, 80% for planting and harvesting)
acres/hour
/acre
$13.60
x 70% $9.52
4. Tractor rental value, if tractor isnotprovided: HP x $ per hp-hour rental rate (see above) / Ex: 150HP x $.27 (per hp-hour rental rate) /15 acres/hr $2.70 5. Implement rental value, without tractor (3 minus 4)
The U.S. Department ofAgriculture (USDA) prohibits discrimination in all us programs and activities on the basis ofrace, color, national orlrin. gender, reHglon, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.)
...and justice for all
= $
/acre
/acre
/acre
$
$
$2.70
$6.82/acre
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 3
In June or July 2013 Diana and George stopped and George said Diana wanted Paul's plow back.
We had stored it for her because she did not
bring back the plow that Rodger could get his articles back that she had in her barn. Rodger took back the plow and retrieved his running
gear with scaffolding and 2 car ramps. This was
around 9:30 a.m. Pam Wallace went with him in her truck. Pam said that she could see them
bottom plow was in her barn. He told Rodger that if he stepped foot on Diana's property he would get charged for trespassing. We drove by
the acreage about 3 weeks or so and we seen the 3 bottom plow on the south side ofthe barn and the 2 bottom was on the north side of the barn.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 4
2009 Linda
Summer (June, July, August)
Paul was in awheel chair and was unable to for themostpart, take care ofhimself. He tried but sometimes hewould fall and need help getting up off of the floor. He had been
diagnose with ALS in 2007 or 2008.
Volunteered to Diana to be first responder for Paul for Life Line through Loring Hospital.
Was called by Loring Hospital to confirm this. Diana was working atPark View Care
Center in Sac City.
Was called to Paul and Diana's house (2691 Otter Av.) several times to check on Paul by
Loring Hospital Life Line personal. A couple times he pushed it by accident.
One time he could notget off of the toilet, I did help himup off ofit. Another time hehad fallen inthe living room and I was able to get himupoffof
the floor with his help.
He had to have help tomove from one place toanother. He was very weak and unable to
move much.
Fall (November)
Paul was taken to Loring Hospital. He then was transferred to the Fort Dodge Hospital.
I received a phone call from either the Hospital Nurse orDiana around 2:00 a.m. one morning because they where sending Paul to Fort Dodge Hospital and needed someone to
take Diana there. She was unable to drive. So I took herand waited there till one ofher
kids arrived then Iwent home. This was around 5:00 a.m. or so when Ileft the Hospital in
Fort Dodge.
Paul wastransferred back to Loring Hospital where he passed away on November 26,
2009.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 5
Our electricity was out in our area and itwas very cold. We called Diana and had her
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 6
called me and was very concerned for his welfare. Rodger and I had been called a few
there would be a pause and a grunt and I would know that he needed something so I
would go to Diana and Paul's house to
her and reported her. She does not know I did this as far as I know. After I did this that
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 7
2009 Rodger
Spring- Tilled garden
house and cleaned up the roots then hauled them to the pile. Helped clean in the garage.
Took the hospital bed that was in the
den and put it in the living room because Paul could not get in the
the den with his wheel chair.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 8
2010 Rodger
Winter -
Had to use some of our plywood because the lumber yard was low on
plywood.
Summer- Showed Diana how to run the mower Did chicken, dog, and cat chores many times and checked on her
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 9
2010 Rodger
house when she was gone.
Fall- cleaned out her septic tank
helped put the loader brackets on the
tractor so the loader would fit and
not fall off.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 10
2011 Rodger
Winter-
Barrowed our generator and brought it back not running. We paid to have
it fixed.
Gave Diana a pole to put up because hers broke off in spring storm.
Summer- Helped clean out Marvel Stouts farm
Helped with car port when it was tipped over by the wind 3 or 4
times.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 11
2011 Rodger
Summer-Fixed the windows in the chicken
house.
Fall- Cleaned out her septic tank Took approximately 50 old tires off of
rims, so the rims could be hauled to
Ida Grove.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 12
2012 Rodger
Winter-
Worked on her mower(both mowers) Worked on her tractor(Allis and 856IH) Welded the loader back up and helped take the cylinders offso they could be taken to get the seals replaced. Helped put steel post in boundary line
that they got from us. Summer- Worked on her friends skid loaders
fuel line 2 different times.
Fall-
Diana gave Rodger the running gear under our hay rack for helping her.
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 13
Paul and Dianareceived the keys to the place August 1,2003 We started to pay for hay in 2004. The hay that we paid Paul and
Marvel Stout was alfalfa hay that was on Marvel Stout's land. We
stopped paying for Paul's hay in 2006. Then Paul gave us the hay for helping him repair his machinery and help with his farming operation. After Paul was diagnosed with ALS he asked for help on
the acreage to clean it up. Paul retired from DOT in 2008.
10/6/04: CK#2138 $200.00 PD to Marvel Stout 12/3/04: CK#2210 $196.00 PD to Marvel Stout
12/3/04: CK#2211 $674.00 PD to Paul 8/5/05: CK#2497 $908.00 PD to Paul
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 14
3/5/10 Roger Hallberg: $220.00 / CAME FROM BARN 3/9/10 Sandy Hallberg: $350.00 / CAME FROM BARN 3/23/10 Heath Hallberg: $350.00 / CAME FROM BARN
3/5/11 Tina Williams: $180.00 / CAME FROM SOUTH BARN 7/15/11 Ted Helmich: $360.50 / CAME FROM WATERWAYS IN
TOWN
All the hay that was sold in 2010 came from hay we baled in 2009. None ofthe hay was new hay. We got a good crop off ofthe hay fields in 2009 so we had extra hay and we needed to make room for new hay. In 2010 the crop was down but still cleaned out the barn. The hay came from our daughters barn which we owned at
the time. In July of2011 our daughter and husband bought the
acreage and did not want hay in the barn.
The hay we sold in 2011 to Tina came from the hay we had in the south barn we use for extra. We put it in the barn in 2007 or 2008. The hay we sold to Ted was waterway grass that we baled from
E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT Plaintiff's Exhibit
104, p. 15
Bob Johnson's place. The reason we sold it was because it had lots
of thistle's in it.
We had a alfalfa hay field on our place of about 12 acres till 2011.
09/13/2011
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY DIANNA KAY JOHNSON Petitioner, VS 02811 SCSC015374
ORDER
LINDA KAYE HANSON RODGER HANSON
Respondent.
This matter came before the court for trial pursuant to written notice. Plaintiff appeared with her attorney Martha Sibel, she testified along with George Weir ("Weir") her significant other who has resided with her since June of 2010, and she offered into evidence exhibits 101 - 104, all of which were received without objection. Defendants appeared with their attorney David Jennett and testified on their own behalf along with Randy Batt and Ken Wallace. At the outset, the court notes that the record in this case is replete with vague estimates, claimed understandings and agreements and generally a lack of any clear evidence of what the understanding and agreement was between the parties. Defendant Rodger Hanson ("Rodger") previously worked with the plaintiff's former husband Paul Johnson ("Paul") who died from ALS in November of 2009. It is clear from the record that the Johnsons (and Weir since moving into the Johnson homestead) and the defendants are neighbors and have been since 1990. During those years defendants mowed, raked and baled the hay on the plaintiff's land. According to defendants, through 2006 they paid $1.00 per small bale removed. During that same time frame Paul and Rodger exchanged labor and equipment on a quid pro quo basis, never charging the other any amount but just "neighbor helping neighbor". However, after 2006 as Paul's health deteriorated and he became less able to perform his normal duties around the acreage, Rodger pitched in and helped with garden tilling, lawn mowing and things of that nature and received the hay in exchange for labor. Following Paul's death there was never a meeting between plaintiff and defendants in which compensation for the hay was discussed and agreed upon. Further, separate and apart from the hay situation, it appears that there was considerable exchange of labor between Rodger and Weir as well as the use of equipment back and forth, and again there was no agreement that such labor
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and equipment would be compensated for. Weir testified and the court finds that there was a general agreement that the neighbors would help each other on a neighborly basis and that no monetary payment was expected. With regard to the hay, there is a dispute in the record as to the normal number of cuttings that were made in a given year. The evidence seems to support a finding that the hay was mostly brome with a small patch containing clover by the barn. In 2010 the hay was cut and rained on several times and it was necessary that Rodger locate someone with cattle to bale the hay since it was out of condition to be used as horse feed which is the purpose for which the defendants baled it. The court finds that on average 1 1/2 cuttings were obtained in 2011 and 2012 and that the defendants received one cutting after the heavily rained upon cutting was removed in 2010. With regard to the number of bales, Ken Wallace testified that he drove the baler tractor and that "ordinarily the tract yielded 2-3 loads of from 80-90 bales per load". In 2013 plaintiffs testified that the land yielded 11 large round bales and the plaintiffs and Roger Batt agree that ordinarily one large round bale is the equivalent of 10-12 small square bales. Assuming a 12 small bale equivalent then in 2013 the first cutting yielded a 132 small bale equivalent. In summary, the court finds that plaintiff is entitled to compensation for 132 small bales in 2010 (1 cutting) and 198 small bales in 2011 and 2012 assuming 1 1/2 cuttings in each of those years although in fact there may have been 2 in 2011 and only 1 in 2012. The value of each bale is set at $1.00 which is what the defendants had been paying before the exchange of labor for hay agreement was reached. The amount to be awarded to the plaintiffs is thus set at $528.00. The court further finds that the defendants are not entitled to any offset for labor or equipment used around plaintiff's acreage, there being an offset of labor and equipment provided by Weir during those years. The clerk shall enter judgment in favor of plaintiff and against defendants for $528.00 with interest from the date of filing and the costs of this action. It is so ORDERED
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State of Iowa Courts Case Number SCSC015374 Type: Case Title DIANNA JOHNSON VS ROGER & LINDA HANSON OTHER ORDER So Ordered
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