judgment against auburn man in the amount $500.00

E-FILED 2014 MAR 07 2:02 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 10 8:51 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY NANCY SUE HUNZIKERSCOTT TIMOTHY HUNZIKER

Petitioner, VS DONALD POSS Respondent.

02811 SCSC015414

ORDER

This matter comes before the court following respondent's failure to appear and answer. Based onthat failure the court finds him to be in default and his default is entered of record. The court thenlooks at the verification filed herein. The elements of damages are not based on a written instrument,estimate of cost of repair of something of that nature from which the court can readily determinethe amount of damages that migjt be due from respondent to petitioners. Therefore it is necessarythat a hearing be held on the damages issue. The clerk shall schedule such hearing and inform thepetitioners of such date. With respect to their claim of emotional distress Iowa law does require asignificant showing of such damages, preferably through expert testimony.

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E-FILED 2014 APR 01 9:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSCSC015414 SCOTT & NANCY HUNZIKER VS DONALD POSSType: OTHER ORDER

So Ordered

Electronically signed on 2014-04-01 09:39:49

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

NANCY SUE HUNZIKERSCOTT TIMOTHY HUNZIKER,

Plaintiff(s), Case No: 02811 SCSC015414 vs. Order Setting Small Claim Trial

DONALD POSS ,

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 04/21/2014 at 11:00 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

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State of Iowa CourtsCase Number Case TitleSCSC015414 SCOTT & NANCY HUNZIKER VS DONALD POSSType: ORDER SETTING TRIAL

So Ordered


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02811 SCSC015414

ORDER

This matter came before the court for trial on April 21, 2014. After hearing the evidence the courtsuggested to the parties that they confer and determine if they could arrive at a settlement that wasacceptable to all parties, and they reported that they had reached such an agreement which includedthe defendant satisfying the plaintiffs that he had put down both of the dogs who had destroyed theirproperty and also his paying them $500.00 in cash. Today the plaintiff Scott Hunziker reported thatdefendant has failed to live up to the terms of that agreement in that he has only proven that one ofthe dogs was put down and has not paid the $500.00. In light of this, the court sets this matter forreview on May 12, 2014 at 9:30 a.m. All parties shall appear at that time unless the agreement isfulfilled by that time. In lieu of such hearing, if defendant fulfills the terms of the agreement the plaintiffmay contact the court by phone and advise that the settlement agreement has been fulfilled and thatno further court action is necessary. Copies of this order shall be mailed to both parties by ordinarymail by the clerk.

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E-FILED 2014 MAY 05 9:12 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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02811 SCSC015414

ORDER

This matter came before the court for trial on April 21, 2014. After hearing the evidence the courtsuggested to the parties that they confer and determine if they could arrive at a settlement that wasacceptable to all parties, and they reported that they had reached such an agreement which includedthe defendant satisfying the plaintiffs that he had put down both of the dogs who had destroyed theirproperty and also his paying them $500.00 in cash. the plaintiff Scott Hunziker reported thatdefendant has failed to live up to the terms of that agreement in that he has only proven that oneof the dogs was put down and has not paid the $500.00. In light of this, the court set this matter forreview on May 12, 2014 at 9:30 a.m. Plaintiffs appeared but defendant did not. After discussion thecourt enters the following order:

1. Judgment is ordered entered in favor of the plaintiffs and against the defendant in the amount of$500.00 plus court costs.

2. In the event that any of the dogs which were the subject matter of this dispute should reappear, theSac County Sheriff's office is authorized to destroy such dog or dogs.

IT IS SO ORDERED. Copy Provided to Petitioner

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So Ordered


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judgment against auburn man in the amount $500.00

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