E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 03 3:23 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 07 03:14 PM SAC - CLERK OF DISTRICT COURT

Date: October 7, 2013 Mark Olsen: The following is in response to your October 7, 2013 request for delivery information on your Certified Mail item number 70113500000076993955. The delivery record shows that this item was delivered on October 7, 2013 at 12:22 pm in SCHALLER, IA 51053. The scanned image of the recipient information is provided below. Signature of Recipient :

Address of Recipient :

Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service

E-FILED 2013 OCT 14 11:00 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

KAREN SUE GRIEME RONALD ERWIN GRIEME Plaintifff(s)

VS.

Small Claims No. 02811 SCSC015348

Appearance and Answer of Defendant(s)

If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.

MARK THOMAS OLSEN Defendant(s)

Check o y one of the following: The claim is denied. The clerk of court will notify the parties of the hearing time and place.

El

The claim is admitted. Judgment may be entered.

El The claim is admitted in part in the amount of $ . The clerk of court will notify the parties of the hearing time and place. 1. You must electronically file this Appearance and Answer using EDMS at https://iowacourts.state.ia.us/Efile unless you obtain from the court an exemption from electronic filing requirements. 2. If you electronically file, EDMS will serve a copy of this 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). 3. You may download this form online at https://iowacourts.state.ia.us.Efile. Unless the court has granted you an exemption from electronic filing, you must scan and electronically file this Answer and Appearance form, or fill out and electronically file the online form, in accordance with Chapter 16 Rules Pertaining to the Use of the Electronic Document Man ment System.

Defendant's signature

Defendant's signature

Ma r k Ois e,
Printed name Printed name

Igafk
Mailing address

sckaver f lif- c-IKS

Mailing address

7/ L
Phone #

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Phone # Email address
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ken 5C4terttl-IteF
Email address

E-FILED 2013 OCT 15 8:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

KAREN SUE GRIEME RONALD ERWIN GRIEME , Plaintiff(s), vs. MARK THOMAS OLSEN , Defendant(s). Case No: 02811 SCSC015348 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 11/04/2013 at 10:30 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.

Clerk to provide copies to: Plaintiff Defendant

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E-FILED 2013 OCT 15 8:43 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SCSC015348 Type: Case Title RON & KAREN GRIEME VS MARK OLSEN ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-10-15 08:42:49

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E-FILED 2013 NOV 25 1:47 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

KAREN SUE GRIEME RONALD ERWIN GRIEME

02811 SCSC015348

Petitioner, VS MARK THOMAS OLSEN Respondent.

ORDER

This matter came before the court for trial pursuant to written notice. Both parties appeared pro se. Plaintiff Ronald Grieme ("Ronald") testified on his own behalf and offered into evidence his exhibits 1 - 6, all of which were received without objection. Defendant ('Mark") testified on his own behalf as did his father Tom Olson. Based on the evidence the court makes the following: FINDINGS OF FACT: 1. Mark farmed land in Sac County, Iowa, owned by the plaintiffs pursuant to a five year cash rental written lease which has now been terminated and the land rented to a new tenant. 2. Plaintiffs claim is based on purported damage to various steel tile intakes on the leased land which occurred during the tenancy. Exhibit one consists of photographs of drainage tile inlets in various conditions, 2 and 3 are copies of the invoice for work performed by Larry Miller Construction and are identical except for interest which has been charged on 3, exhibit 4 is the lease, 5 is the notice of termination and 6 is a letter and check that Mark tendered in an offer of compromise. 3. All of the photographs show some except 4 show drainage tile intakes, while 4 shows a blowout which is caused by excessive pressure within a tile line. The tenant is not responsible for a blowout. 4. While photos 5, 6, 7, 8, 9, 11, and 13 show evidence of bending, they are not crimped and there is no evidence that their ability to take in water is affected nor is there evidence that they could not be straightened without having to be replaced. Photos 1, 2, 3, 12, 14, 15, 16 and 17 appear to be
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E-FILED 2013 NOV 25 1:47 PM SAC - CLERK OF DISTRICT COURT

damaged to the extent that their ability to act as viable intakes is either completely destroyed or compromised to the extent that replacement appears necessary. 5. One of the fighting issues in this case relates to the fact that when the repairs were made, new surface intakes were not installed, but rather a determination was made by the contractor that the surface intakes should be replaced with underground plastic 5 inch plastic tile and plugs in order to eliminate the chances that the intakes would be struck by equipment and damaged in the future. 6. Contrary to Mark's claim, the court finds that there is no possibility that the new tenant caused any of the damage since that tenant had not yet performed any work on the farm when the photos were taken, and therefore finds that all of the damages to intakes was caused by Mark or his employees or agents, and that Mark is liable for the cost of repair or replacement but not for the portion of the work that actually improves the drainage in the fields. 7. Page 1 of exhibit 2 shows a charge of $125.00 for digging up and replacing a 5 inch intake top and $9.86 for the 5 inch T for a total of $134.86 for each of the destroyed intakes. The court therefore finds that the amount to replace the eight destroyed intakes is $1,078.88. With respect to the intakes that were bent but appeared to still be serviceable, the court finds, based on less than specific evidence, that the fair portion of the cost relating to those is $25.00 each, or a total of $175.00. JUDGMENT: Based on the foregoing findings of fact the court ORDERS judgment entered in favor of the plaintiffs and against the defendant in the amount of $1,253.88 plus interest at the rate of 2.12% per annum from October 14, 2013 and the costs of this action.

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E-FILED 2013 NOV 25 1:47 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SCSC015348 Type: Case Title RON & KAREN GRIEME VS MARK OLSEN OTHER ORDER So Ordered

Electronically signed on 2013-11-25 13:47:39

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