judgment against sac city couple in the amount $528.00

8/12/2019 Judgment Against Sac City Couple in the Amount $528.00

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eForm 3.1: Original Notice and Petition for a Money Judgment

In the Iowa District Court for ________________ CountyPlaintiff(s)________________________________________(Name)

________________________________________(Address)

________________________________________(Name)

________________________________________(Address)

vs.Defendant(s)________________________________________(Name)

________________________________________(Address)

________________________________________(Name)

________________________________________

(Address)

Original Notice and Petition

for a Money Judgment

To Defendant(s):

1. You are notifiedthat Plaintiff(s) demand(s) from you the amount of $ ______________ plus courtcosts based on (state briefly the basis for the demand, not to exceed $5000):

2. Judgment may be entered against you un lessyou file an Appearance and Answer within 20 daysof the service of the Original Notice upon you. Judgment may include the amount requested plus interest

and court costs.3. You must electronically file theAppearance and Answer using the Iowa Judicial Branch Electronic

Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile ,unless you obtainfrom the court an exemption from electronic filing requirements.

4. If your Appearance and Answer is filed within 20 daysand you deny the claim, you will receiveelectronic 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 theAppearance and Answer on Plaintiff(s) or on theattorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from elec-tronic 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.

/s/ ________________________________ /s/ ________________________________Filing Plaintiff or Attorney Second Plaintiff, if applicable___________________________________ ___________________________________Law firm, or entity for which filing is made, if applicable Law firm, or entity for which filing is made, if applicable

eForm 3.1, page 1 of 3

E-FILED 2013 NOV 22 3:46 PM SAC - CLERK OF DISTRICT COURT

SAC

Dianna Johnson

2691 Otter Ave., Sac Cit , IA 50583

Ro er Hanson

2639 265th St., Sac Cit , IA 50583

Linda Hanson

2639 265th St., Sac Cit , IA 50583

5,000.00

Hay cuttings and bales from 2010, 2011 and 2012

Attached and incorporated by reference is the letter and Notice of Right to Cure.

Martha A. SibbelLaw Office of Martha Sibbel PLC


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___________________________________ ___________________________________Mailing address Mailing address

___________________________________ ___________________________________Telephone number Telephone number

___________________________________ ___________________________________Email address Email address

___________________________________ ___________________________________Additional email address, if applicable Additional email address, if applicable

eForm 3.1, page 2 of 3


PO Box 746, Carroll, IA 51401

712-775-2388; Fax: 712-775-2389

[email protected]


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eForm 3.27: Verification of Account, Identification of Judgment Debtor, and Certificate Re MilitaryService

In the Iowa District Court for ________________ County

Plaintiff(s)

_______________________________________(Name)

_______________________________________(Name)

vs.Defendant(s)

_______________________________________(Name)

_______________________________________(Name)

Verifi cation of Account,Identification of Judgment

Debtor, and Certificate

Re Military Service

Small Claim No. _____________________

For Defendant: __________________________(This form requi red for each Defendant.)

1. I, ______________________________________________, am a party or an employee ofPlaintiff(s) whose claim(s) is (are) shown in the attached statement(s). I have personalknowledge that the attached statement(s) is (are) a true copy of the original creditors records

showing the balance due is true and correct. I further state that the sum of $__________ is thebalance 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.

2. I further state that Defendant resides at __________________________________________,is employed at _________________________________________________________________,and Defendants occupation is ____________________________________________________.

3. Check A, B, or C for Defendant:A. Defendant is notin the military service of the United States government, I haveverified this fact by (check one):

Checking the Defense Manpower Data Center (DMDC) (requires name and SSNor 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 inthe 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 notunder a disability or confined in a reformatory, jail, orpenitentiary.

I certify under penalty of perjury and pursuant to the laws of the State of Iowa that these facts aretrue and correct.

Date:__________________________________ _______________________________________ Signature of Affiant

_______________________________________ /s/_____________________________________

Phone # Filing Plaintiff or Attorney

_______________________________________ _______________________________________EMail adress Law firm, or entity for which filing is made, if applicable_______________________________________ _______________________________________Additional email address, if appilcable Mailing Address


SAC

Dianna Johnson

Rodger W. Hanson

Linda K. Hanson Rod er Hanson

Martha A Sibbel

5,000.0010/4/2013

2639 265th St., Sac City, IA 50583

Iowa Department of Transporation

unknown

11/12/2013

712-775-2388 Martha A. Sibbel

[email protected] Law Office of Martha Sibbel PLC



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Plaintiff(s)

_______________________________________(Name)

_______________________________________(Name)

vs.Defendant(s)

_______________________________________(Name)

_______________________________________(Name)



Re Military Service

Small Claim No. _____________________














_______________________________________ /s/_____________________________________




SAC

Dianna Johnson

Rodger W. Hanson

Linda K. Hanson Linda Hanson

Martha A Sibbel

5,000.0010/4/2013

2639 265th St., Sac City, IA 50583

unknown

unknown

11/12/2013





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Plaintiff(s)

_______________________________________(Name)

_______________________________________(Name)

vs.Defendant(s)

_______________________________________(Name)

_______________________________________(Name)



Re Military Service

Small Claim No. _____________________














_______________________________________ /s/_____________________________________



E-FILED 2013 DEC 04 12:29 PM SAC - CLERK OF DISTRICT COURT

SAC

Dianna Johnson

SCSC015374

Rodger W. Hanson

Linda K. Hanson Linda Hanson

Martha A Sibbel

5,000.0010/4/2013

2639 265th St., Sac City, IA 50583

unknown

unknown

11/12/2013




AMENDED


9/48



10/48



Plaintiff(s)

_______________________________________(Name)

_______________________________________(Name)

vs.Defendant(s)

_______________________________________(Name)

_______________________________________(Name)



Re Military Service

Small Claim No. _____________________














_______________________________________ /s/_____________________________________




SAC

Dianna Johnson

SCSC 015374

Rodger W. Hanson

Linda K. Hanson Rod er Hanson

Martha A Sibbel

5,000.0010/4/2013

2639 265th St., Sac City, IA 50583

Iowa Department of Transporation

unknown

11/12/2013




AMENDED


11/48



12/48



13/48

E-FILED 2013 DEC 20 11:10 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

DIANNA KAY JOHNSON ,

Plaintiff(s), Case No: 02811 SCSC015374

vs. Order Setting Small Claim Trial

LINDA KAYE HANSONRODGER HANSON,

Defendant(s).

The defendant has filed a denial of claim and this matter should be set for trial. If either partybelieves that the trial will last more than one (1) hour, that party should promptly notify the Clerk ofCourt.

A Non Jury Trial is scheduled on 01/27/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa.

The Court will electronically record the trial. If either party desires that the trial be reported by acertified court reporter, that party must arrange for and pay for the costs of such reporting.

Clerk to provide copies to:PlaintiffDefendant

1 of 2



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State of Iowa Courts

Case Number Case TitleSCSC015374 DIANNA JOHNSON VS ROGER & LINDA HANSONType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-12-20 12:33:45

2 of 2



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DIANNA KAY JOHNSON

Petitioner,

VS

LINDA KAYE HANSONRODGER HANSON

Respondent.

02811 SCSC015374

ORDER

Attorney David Jennett has appeared on behalf of the defendant, filed a counterclaim and motion forcontinuance. The motion for continuance is sustained. The clerk shall reschedule. Attorney Jennettshall consult with the plaintiffs and determine a date that will work for everyone.

1 of 2



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Case Number Case TitleSCSC015374 DIANNA JOHNSON VS ROGER & LINDA HANSONType: OTHER ORDER

So Ordered


2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

DIANNA KAY JOHNSON ,

Plaintiff(s), Case No: 02811 SCSC015374

vs. Order Setting Small Claim Trial

LINDA KAYE HANSONRODGER HANSON,

Defendant(s).

The defendant has filed a denial of claim and this matter should be set for trial. If either partybelieves that the trial will last more than one (1) hour, that party should promptly notify the Clerk ofCourt.

A Non Jury Trial is scheduled on 02/17/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa.

The Court will electronically record the trial. If either party desires that the trial be reported by acertified court reporter, that party must arrange for and pay for the costs of such reporting.

Clerk to provide copies to:PlaintiffDefendant

1 of 2



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Case Number Case TitleSCSC015374 DIANNA JOHNSON VS ROGER & LINDA HANSONType: ORDER SETTING TRIAL

So Ordered


2 of 2



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Plaintiff's Exhibit 101, p. 1E-FILED 2014 FEB 11 9:49 AM SAC - CLERK OF DISTRICT COURT


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2 13 Iowa FarmCustom Rate SurveyMany Iowafarmers hiresomecustommachineworkdone in their farmbusiness, or perform customwork for others. Others rent machineryorperform other services The information below is based on surveyresponses from 249 Iowa farmers, custom operators, andfarmmanagers. For each operation, the average rate and the range reportedare shown. Twenty-six percent ofthe respondents perform custom work,14percent hire work done, and 60 percent indicated doing both.Values below are rates expected to be charged orpaid this year, andinclude tractor, implement, fuel and labor. The average price for dieselfuel was assumed to be 3.50 per gallon.Afuel price increase of0.50Tillage Average RangeChopping cornstalks,/acre 11.40 5.00 - 18.00Moidboardplowing,/acre 16.15 11.00 - 20.00Chisel plowing, / acre 15.20 9.00 - 20.00Disk/chiseling,/acre 16.05 9.00 - 22.00Vertical Tillage,/acre 15.05 10.00 - 20.50Subsoiling(8 to 15in. deep),/acre 18.80 11.50 - 28.00V-ripping over 15in. deep),/acre 19.60 14.00 - 30.00V-ripping with tandemdisk,/acre 22.45 15.00 - 35.00Disking, tandem, / acre 13.60 8.00 - 20.00Disking, offset,/acre 17.00 12.00 - 25.00Harrowing, / acre 9.65 7.00 - 15.00Soilfinishing,/acre 13.85 10.00 - 20.00Fieldcultivating,/acre 13.35 9.00 - 19.00Rock picking,/acre 13.45 10.00 - 17.50Cultivating, conventional, / acre 12.50 10.00 - 15.40Cultivating,ridge-till,/acre 15.20 14.00 - 18.00Rotary hoeing,/acre 9.15 5.00 - 14.00Landrolling,/acre 7.90 5.00 - 13.00PlantingPlanting -w/fert insect, attach.,/a. 18.45 12.00 - 28.00- without attachments, / acre 16.60 12.00 - 27.00-w/splitters attach.,/acre 19.05 13.00 - 25.00-no-tillplanter,/acre 18.45 13.00 - 31.00- no-till planter w/splitters, / a. 19.85 14.00 - 30.00- ridgetill planter, / acre 21.00 20.00 - 23.00Extra chargefor seed shut-offs, / acre 2.20 0.50 - 5.00Extra charge forvariable rateseeding, / a. 2.45 1.00 - 5.00Drilling soybeans,/acre 15.75 12.00 - 19.00Drilling soybeans, no-till,/acre 17.40 10.00 - 30.00Drilling grass seed,/acre 15.35 8.00 - 20.00Drilling small grain,/acre 14.90 11.00 - 20.00Seeding grass, broadcast withtractor, / a. 11.55 8.00 - 15.00Seedinggrass, broadcast withATV,/ acre 13.00 10.00 - 20.00Seed tender, / acre 3.05 1.00 - 6.00Spraying materialsnot included)Ground, broadcast, tractor, / acre 6.65 5.00 - 10.00Ground,Incorporated, tractor,/acre 13.40 10.50 - 15.00Ground, broadcast, selfpropelled,/acre 7.30 5.00 - 15.00Ground,banded, tractor,/acre 9.10 6.00 - 12.00Ground, road ditches /hour 61.30 25.00 -100.00Aerial,/acre 9.85 7.00 - 12.00Fertilizer Application materials not included)Drybulk - applied,/ acre 4.95 2.00 - 10.00- strip-till,/acre 16.20 11.50 - 22.00Liquid - spraying, / acre 6.50 4.50 - 10.00- strip-till,knifed,/acre 12.30 8.00 16.00- sidedressing, / acre 11.60 6.00 - 20.00Anhydrous-injecting, w/tool bar, /ac re 12.40 8.00 - 22.00- Injecting, w/o tool bar, /acre 10.70 7.00 15.00Spreadinglime, / ton 6.30 3.00 - 12.50

Trsu A Q t a t c T Tk t r t j d c t x v

gecision kerFile A3

per gallon will cause totalmachinery costs toincrease byapproximate5percent. This rate schedule is intended only as a guide. Actual custorates may vary according to availability ofmachinery in a given area,timeliness, operator skill, field size and shape, crop conditions, and thperformance characteristics ofthe machine being used.Rental rates for some machinery items are shown onthefollowing pagalong with aworksheet forestimating rental rates for other items.Note: All rates include fuel repairs depreciation interest laborand all other machinery costs for the tractor and implementHarvesting Drying and Hauling Grain Average RangeCorncombining, / acre 32.90 24.00-with chopperhead,/acre 38.00 30.00Soybean combining, / acre 32.00 21.50- with air reel, / acre 33.50 28.00- with draper head, / acre 39.55 35.00Small grain combining, / acre 29.70 22.00Complete harvesting combine, cart, haul to farm storage)

Com /acre 46.15 30.00- Soybeans, / acre 43.80 28.00Added charge forGPS mapping, / acre 2.55 1.00Picking ear corn,/acre (seedcorn) 35.25 30.00Picking ear corn, / acre (farmuse) 27.65 25.00Drying com includes fuel, electricity, labor)- continuousflowdryer (/ point / bu.) 0.049 0.030- bin dryer (/ point / bu.) 0.056 0.040Handling grain byauger, / bu. 0^066 0.020Haulinggrain- grain cart, com / acre 6.80 2.00- graincart, soybeans/ acre 5.60 2.00- to farm storage, wagon, / bu. 0.066 0.030-farm storage tomkt.,wagon,/bu. 0.090 0.050-tomkt., truck,/bu., (5mL 1-way) 0.104 0.050- tomkt.,truck,/bu., (25 mi. 1-way) 0.166 0.090- tomkt.,truck,/bu. (100mi. 1-way) 0.345 0.200Harvesting ForagesHay - mowing, / acre 11.45 9.00 - conditioning, / acre 11.95 10.00 - mowing/conditioning, / acre 13.00 10.00 -rakihgi/acre 6.25 2.50 -Windrowingv/acrc 12.50 10:00 - tedding, / acre 6.10 4.00 -Swathing hayor smallgrain, / acre 13.50 11.50 -Haybaling--smalFsquare;/bale 0.60 0.35- largesquare,/bale 10.45 8.00 -- large round w/owrap,/bale 10.95 9.00 -- large roundwithwrap,/ bale 11.85 9.00 -Straw or comstalkbaling- large roundor squarew/owrap, / bale 11.70 10.00 -- large roundorsquarew/wrap,/bale 13.00 10.00 -Moving large round bales to storage, / bale 2.85 1.50 -Moving large square bales to storage,/bale 3.55 2.00 -Hauling roundbales, / b ale, / loadedmile 0.19 0.07 -Hauling squarebales, / bale, / loadedmile 0.25 0.13 -Silage-chopping,/hr.,/header row 49.85 25.00 -- chop, haul, fillsilo /hr. /hdr row 53.40 28.35 -- chop, haul, fillsilo, / ton 7.90 7.00 -Filling silage bags,/foot of bag 10.15 8.00 -Haylage - chopping,/hr.,/ft. head width 12.70 8.50 -- chopping,/ ton 9.45 7.50 -Earlage orsnaplage-chopping,/acre 47.05 38.00 -

55.- 60.- 50.- 38.- 48.- 35.- 78.- 75.- 5.- 40.- 30.- 0.0- 0.07- 0.12- 14.0- 11.0 0.11 0.14 0.20 0.28 0.50

15.014.015.0101015.010.015.0

112.013.516.0

14.017.5

4.05.00.270.40

91.6587.50

8 512.0016.0011.8051.25

FM 1698 Revised March 2013



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Miscellaneous Services abor, fuel, and equipment included)Removing snowGoader), / hourRemoving snow (blade), /hr., /ft. ofbladeRemoving snow(blower), /hr., /ft.ofblowerGrinding, mixing feed, / tonTub grinding hay, / hourTub grinding hay,/tonSpreading llq. manure, inject., /1000 gal.Liquid manure w/drag line, /1000 gal.Loading solidmanure, / hourLoading* spreading solidmanure; / hourPowerwashing, / hourBuilding fence, barb, / hr. (nomaterials)BuUding fence, barb, / rod(nomaterials)Building fence, woven, / hr. (no materials)Building fence, woven, / rod (no materials)Scouting crops,/acreSoil testing,/sampleGPS grid soil testing, / acreManaging stored grain, / bu.Vacuuming grain, / bu.Shearing sheep,/headLivestock hauling w/ trailer, / loaded mileLivestock hauling w/straight tr., /loaded m.

Livestock hauling w/semi tr., /loaded mileBulldozing, / hr.,/ ft. of bladeDigging postholes,/ holeDrivingsteet fence posts, / postDriving wooden fence posts, / postBuilding terraces, grassed backed, / footBuilding terraces, narrow based, / footTrenching,/footTiling, tiling machine (ex. materials), / foolTiling, tile plow(ex. materials), / footBack hoeing, / hourClearing land, / hourBuilding ponds, / hour^Tdln^nwc^irteEyf^hourMowing CRP or pasture, / acreMowing fence rows, ditches, / hour

Average$78.45

8 3 011.5010.35

223.7511.4011.9010.7576.15

126U541.3518.1013.4017.5514.404.957.707.850 0 60.093.702.603.153.50

12.054.353 03.952.502.151.651.050.90

87.90136.65146.3042,8fr

Range40.00 -135.00

Custom Farming (tillage, planting, pest control, harvesting, andhauling to farm, no drying)Average RangeCom,/acre 126.65 85.00 -175.00Soybeans,/acre m.40 68.00 -165.00Small grain,/acre 83.25 50.00 -100.00

4.505.00

10.00135.00

7.009.008.00

40.00

- 12.50- 16.65- 11.00-300.00- 15.00- 17.50- 12.50-100.00

Machine Rental (operator, tractor, and fuel not included)tsst tyi horsepower, / hourGrain drill, / acreNo-till soybean drill,/ acreCom head for combine, /acreSoybean head for combine,/ acreGrain cart with auger, corn, / acreGrain cart withauger, soybeans, / acreGrainwagon, /bu.Grain truck (semi), / bu. / round tripGrain auger,/bu.Grainvacuum, /bu.Grain cleaner,/bu.Liquid manure spreader, / hourSolidmanure spreader, / hourSkid loader,/ hourDry bulk fertilizer applicator, / acreLiquid fertilizer applicator, / acreAnhydrous fertilizer applicator, / acrePower washer, / hourGeneratory/jhourTubgrinder,/hour

Bin Ren ta lBindryer, / bu. dried, (no fuelorlabor)Storinggrain, bin rental/ bu., / monthStoring grain, bin rental /bu.,/ year

Average$0k279.85

11.908.708.805.905.450.080.120.060.080.07

33.1040.5051.953.155.554.50

38.10480*

RangeO ld6.009.006.006.003.003.000.050.100.030.050.05

30.0020.0020 002.003.502.50

30.00 3 S ~

- 0*5-- 15.00- 18.00- 13.00- 12.00- 10.00- 9.00- 0.11- 0.15- 0.08 0.12 0.09 35.00 55.00

80.005.007.006.50

50.00I00 00:

50 00 200 00

212 .9 0 175 .0 0 -265.00Average$0,0450.0260.163

Range0.020 - 0.0600.010 - 0.0500.050 - 0.300

25.0015.0010.0015.0012.002.004.503.500.020.043.002.003.003.006.503.002.002.001 501.451.100.750.40

50.0080 00

100.0020 CO

* &' 2OS0CP16.2566.15285r25.503.45

8.0030,0012.00-15.001.00

- 60.00- 20.00- 19.00- 20.00- 18.50 8 0 0- 15.00- 12.00- 0.10- 0.15- 4.00- 3.10- 3.50

4.25- 18.00 5.00- 4.00 5.25 4.00 3.25 2.00

1.601.20

150.00195.00200.007530

73i0028.00100.0050.0045.005.00

Farm Labor Wages for Operating MachineryAverage

Spraying orharvesting, / hour 14.90Other operations, / hour 13.30Range

10.00 - 25.009.00 - 18.00

Chopping brush,/ acreUsing truck scale, / load weighedEstimating a MachineryRental Rate

1. Custom charge (includes labor, fuel, tractor)2. Percent of custom charge that is for interest, insurance, depreciation, and repairsexcluding fuel and labor) use 70 for tillage, 80 for planting and harvesting)3. Rental value, including tractor (1x 2)4. Tractor rental value, if tractor isnotprovided:HP x per hp-hour rental rate (see above) / acres/hourEx: 150HP x .27 (per hp-hour rental rate) /15 acres/hr 2.705. Implement rental value, without tractor (3minus 4)

. . .and justice for allThe U.S. Department ofAgriculture (USDA) prohibits discrimination inall usprograms and activities on the basis ofrace, color, national orlrin.gender, reHglon, age, disability, political beliefs, sexual orientation, andmarital or family status. (Not all prohibited bases apply to all programs.)Many materials canbemadeavailable in alternative formats for ADAcUents. To We acomplaint ofdiscrimination, write USDA, Office ofCivilMghts, Room 326-W; Whitten Building. 14th and Independence Avenue,SW, Washington, DC 20250-9410 orcall 202-720-5964.Huciln, J ?1 *** ofCooperative Extension work, Acts ofMay 8andJuly 30,1914, in cooperation with the U.S. Department ofAgriculture.Utnann A.Kress, director, Cooperative Extension Service, Iowa StateUniversity ofScience and Technology, Ames, Iowa.

/acreExample:

Tandem Disk$13.60

X %/acre

x 70 %= $9.52- /acre

/acre

$2.70- = $6.82/acre

Prepared byWilliam Edwards, extension economist(515) 294-6161, [email protected], extension program specialistAndy Chamra, student assistantAdditional machinery managementpublications areavailableat:www.extension.iastate.edu/agdmhttps://store.extension.iastate.edu/



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In June or July 2013 Diana and George stoppedand George said Diana wanted Paul s plow backWe had stored it for her because she did nothave room for it at the time She said ifhe wouldbring back the plow that Rodger could get hisarticles back that she had in her barn Rodgertook back the plow and retrieved his runninggear with scaffolding and 2 car ramps This wasaround 9:30 a m Pam Wallace went with him inher truck m said that she could see themthrough the window so they where home Atabout 2:30 or 3:00 p m her friend George calledand told Rodger he was a Her and that it was a 3bottom plow that we had and he brought back a2 bottom plow Rodger told him that the 3bottom plow was in her barn He told Rodgerthat if he stepped foot on Diana s property hewould get charged for trespassing We drove bythe acreage about 3 weeks or so and we seen the3 bottom plow on the south side of the barn andthe 2 bottom was on the north side of the barn



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9 LindaSummer June, uly AugustPaul was inawheel chair and was unable to for themostpart, take care ofhimself. Hetried but sometimes hewould fall and need help getting up offof the floor. He had beendiagnose with ALS in 2007 or 2008Volunteered to Diana to be first responder for Paul for Life Line through Loring Hospital.Was called byLoring Hospital to confirm this. Diana was working atPark ViewCareCenter in Sac CityWas called to Paul and Diana s house 2691 Otter Av.) several times to check on Paul byLoringHospital Life Line personal.A couple times hepushed it by accident

One time he could notget offof the toilet, I did help himupoff of it.Another time hehad fallen in the living room and Iwas able to get himupoffofthe floorwith his help

EarlyFall September, OctoberRodger and Iwhere called toPaul and Diana s house inthe evening after 5:00 p.m.) byDiana because Paul had fallen inthe bathroom and Diana could not get him up. He wascaught behind thetoilet. Rodger and Iwent over and got himupand outofthebathroom.He had to have help tomove from one place toanother. He was very weak and unable to ov much

Fall NovemberPaul was taken to Loring Hospital. He then was transferred to the Fort Dodge Hospital.I received aphone call from either the Hospital Nurse orDiana around 2:00 a.m. onemorning because they where sending Paul toFort Dodge Hospital and needed someone totakeDiana there. Shewasunable to drive. So I took herand waited there till oneofherkids arrived then Iwent home. This was around : a.m. or so when I left the Hospital inFortDodgePaul wastransferred back to Loring Hospital where he passed away onNovember 262 9



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Winter 2010 January, FebruaryOur electricity was out in our re and itwas very cold We called iana and had hercome to our house nd st y with us bec use she h d no way to staywarm he st yed or2d ys then shewas able to go to town nd staywith someone else when the roadswhere clear to drive herself



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In the spring summer of2009 Paul s auntcalled me and was very concerned for hiswelfare. Rodger and I had been called a fewtimes to come and pick him up off the floorin the evening. He also would call me andthere would be a pause and a grunt and Iwould know that he needed something so Iwould go to Diana and Paul s house tocheck on him out ofconcern Usually it wasnot to much but he was getting weaker and itwas harder for him to walk with his walkerso he was using the wheel chair more. SinceI am a N I was considered a abusereporter. It was mandatory for me to reportabuse. So I called the DHS Adult abuse onher and reported her. She does not know Idid this as far as I know. After I did this thatis when she had the ife inefrom oringHospital installed. I offered to be firstresponder for him and she had oringHospital staffcall me and confirm it.



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2009 RodgerSpring- Tilled gardenSummer Mowed lawn /our mower theirs notworkingTrimmed w/ourweed eater theirs notworking

rimmed bushesSharpened mower bladesulled the bushes out south side of thehouse and cleaned up the roots thenhauled them to the pile.Helped clean in thegarage.Took the hospital bed that was in theden and put it in the living roombecause Paul could not get in the

the den with his wheel chair.Fall- Cleaned out her septic tank



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2010 RodgerWinter -Spring- Tilled garden

owedlawn our mowerTrimmed with weed eaterTrimmed treesSharpened mower bladesleaned out chicken house and spread itout in the field with our equipment.Went down to Wall ake to help Diana sbrother board up their Mother swindows in her house because of thespring storm that broke them out.Had to use some ofour plywoodbecause the lumber yard was low onplywood.

Summer- Showed Diana how to run the mowerDid chicken dog and cat choresmany times and checked on her



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2010 Rodgerhouse when she was gone

Fall cleaned out her septic tankhelped put the loader brackets on thetractor so the loader would fit andnot fall off

welded mower brackets on the llishelped put up snow fenceworked on the front of the corn crib

We cut the first cutting of grass hay down and itstarted to rain a lot. It rained to much and wewhere unable to get the hay up in a timelymanner. The hay started to turn black so wedecided to find someone with cows to get it offthe field so the grass would not die out from thehay laying on it We contacted Randy Batz andhe came and baled it into round bales. Thesebales are approximately 500 each so we figuredthere where 5 to 10 square bales in one roundbale He baled 7 round bales up There was NOmoney exchanged.



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2011 RodgerWinter

Spring Sharpened mower bladesHelped trim trees and bushesBarrowed our generator and brought itback not running. We paid to have

i t fixedGave Diana a pole to put up becausehers broke off in spring storm.Summer Helped clean out Marvel Stouts farm

where aulstored his machinery atHauled iron to Ida Grove for Diana a

couple times.Helped with car port when it wastipped over by the wind 3 or 4times

Helped move 2 gas barrels to Diana sand put them on a stand.Gave her steel post for the chickenfence



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2011 RodgerSummer Fixed the windows in the chickenhouse.

Fall Cleaned out her septic tankTook approximately 50 old tires off ofrims so the rims could be hauled toI d a Gr ove.Helped put up snow fence.

Diana s friend barrowed our wire welderto fix the car port.



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2012 RodgerWinter

Spring- Trimmed trees and bushesHelped put swing set back upPut new jack on her friends trailer.Fixed her sickle mowerSharpened mower bladesWorked on hermower both mowersWorked on her tractor Allis and 856IHWelded the loader back up and helpedtake the cylinders offso they couldbe taken to get the seals replaced.Helped put steel post in boundary linethat they got from us.

Summer- Worked on her friends skid loadersfuel line 2 different times

Fall

Diana gave Rodger the running gearunder our hay rack for helping her.



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Paul and Dianareceived the keys to the placeAugust 1 2003We started to pay for hay in 2004. The hay that we paid Paul andMarvel Stout was alfalfa hay that was on Marvel Stout s land. Westopped paying for Paul s hay in 2006 Then Paul gave us the hayfor helping him repair his machinery and helpwith his farmingoperation After Paul was diagnosed withALS he asked for help onthe acreage to clean it up. Paul retired from DOT in 2008.

4/29/04: CK 1900 176.25 PD to Paul

10/6/04: CK 2137 1000.00 PD to Paul

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 Paul7/20/06:CK 2965 342.50 PD to Paul



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H Y SOLD IN 2010:3/5/10 Gene Larsen: 135 00 / CAME FROM RN

3/5/10 Roger Hallberg: 220 00 / CAME FROM BARN3/9/10 Sandy Hallberg: 350 00 / CAME FROM BARN3/23/10 Heath Hallberg: 350 00 / CAME FROM BARN4/8/10 Heath Hallberg: 700 00 / CAME FROM BARN5/18/10 Heath Hallberg: 350 00 / CAME FROM BARN6/24/10 HeathHallberg: 290 50 / CAME FROM BARNH Y SOLD IN 2011:3/5/11 TinaWilliams: 180 00 / CAME FROM SOUTH BARN7/15/11 Ted Helmich: 360 50 / CAME FROM WATERWAYS IN

TOWN

All the hay thatwas sold in 2 1 came from haywe baled in 2009None of thehaywasnew hay We gota good crop offof the hayfields in 2009 so we had extra hay andwe needed to make roomfor new hay In 2010 the crop was downbut still cleaned out thebarn The hay came from our daughters barn which we owned atthe time In July of2 11 our daughter and husband bought theacreage and did notwant hay in the barnThe haywe sold in 2 11 to Tina came from the haywe had in thesouthbarn we use for extra We put it in the barn in 2007or2008The haywe soldto Tedwaswaterway grass thatwe baled from



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Bob Johnson s place The reason we sold it was because it ha d lots t hi st l e s in it

We had a alfalfa hay field on our place of about 12 acres till 2011e plowed it up in the f ll because it was not producing and it was4 years old plus it was getting to many weeds in it

We sold no ha y in 2012

9 13 2 11 18796 5 421 l y y p fi n Wu Mm i c o a p c r n ^ a^M i i h mh



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DIANNA KAY JOHNSON

Petitioner,

VS

LINDA KAYE HANSONRODGER HANSON

Respondent.

02811 SCSC015374

ORDER

This matter came before the court for trial pursuant to written notice. Plaintiff appeared with herattorney Martha Sibel, she testified along with George Weir ("Weir") her significant other who hasresided with her since June of 2010, and she offered into evidence exhibits 101 - 104, all of whichwere received without objection. Defendants appeared with their attorney David Jennett and testifiedon 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 theunderstanding 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 inNovember of 2009. It is clear from the record that the Johnsons (and Weir since moving into theJohnson homestead) and the defendants are neighbors and have been since 1990. During thoseyears 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 Rodgerexchanged 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 becameless able to perform his normal duties around the acreage, Rodger pitched in and helped with gardentilling, 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 whichcompensation for the hay was discussed and agreed upon. Further, separate and apart from thehay situation, it appears that there was considerable exchange of labor between Rodger and Weiras well as the use of equipment back and forth, and again there was no agreement that such labor

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E-FILED 2014 FEB 24 10:58 AM SAC - CLERK OF DISTRICT COURT


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and equipment would be compensated for. Weir testified and the court finds that there was a generalagreement that the neighbors would help each other on a neighborly basis and that no monetarypayment was expected.

With regard to the hay, there is a dispute in the record as to the normal number of cuttings that weremade in a given year. The evidence seems to support a finding that the hay was mostly brome with asmall patch containing clover by the barn. In 2010 the hay was cut and rained on several times and itwas necessary that Rodger locate someone with cattle to bale the hay since it was out of condition tobe used as horse feed which is the purpose for which the defendants baled it. The court finds that onaverage 1 1/2 cuttings were obtained in 2011 and 2012 and that the defendants received one cuttingafter 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 theland yielded 11 large round bales and the plaintiffs and Roger Batt agree that ordinarily one largeround bale is the equivalent of 10-12 small square bales. Assuming a 12 small bale equivalent then in2013 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 yearsalthough 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 agreementwas 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 usedaround plaintiff's acreage, there being an offset of labor and equipment provided by Weir during thoseyears.

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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Case Number Case TitleSCSC015374 DIANNA JOHNSON VS ROGER & LINDA HANSONType: OTHER ORDER

So Ordered



judgment against sac city couple in the amount $528.00

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