E-FILED 2013 OCT 26 10:46 PM SAC - CLERK OF DISTRICT COURT

eForm 3.1: Original Notice and Petition for a Money Judgment

Sac In the Iowa District Court for ________________ County

Plaintiff(s) Donald Burns, Sr. ________________________________________
(Name)

P.O. Box 132, Early, IA 50535 ________________________________________

(Address) (Name)

Original Notice and Petition for a Money Judgment

________________________________________ ________________________________________
(Address)

(Name)

vs. Defendant(s) Abbey Brummer ________________________________________

405 W. Main Street, Early, IA 50535 ________________________________________

(Address) (Name)

________________________________________ ________________________________________
(Address)

To Defendant(s):

692.00 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): Related to the plaintiff's dog dying while the dog was being cared for by the defendant at her grooming,/boarding facility, The Dog House. The plaintiff feels that the defendant was negligent, as she failed to ensure the safety of the dog, which resulted in death. The defendant verbally agreed on two separate occasions to pay for a new dog for the plaintiff, but the defendant did not follow through with the payment.
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.

Donald Burns, Sr. /s/ ________________________________

Filing Plaintiff or Attorney

/s/ ________________________________ ___________________________________

Law firm, or entity for which filing is made, if applicable Second Plaintiff, if applicable

___________________________________

Law firm, or entity for which filing is made, if applicable

eForm 3.1, page 1 of 3

E-FILED 2013 OCT 26 10:46 PM SAC - CLERK OF DISTRICT COURT

P.O. Box 132, Early, IA 50535 ___________________________________

Mailing address

___________________________________
Mailing address

712-299-5229 ___________________________________
Telephone number Email address

___________________________________ ___________________________________
Additional email address, if applicable Telephone number Email address

sandykracht@yahoo.com ___________________________________
___________________________________
Additional email address, if applicable

___________________________________

eForm 3.1, page 2 of 3

E-FILED 2013 OCT 26 10:46 PM SAC - CLERK OF DISTRICT COURT

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)

Donald Burns, Sr. _______________________________________

(Name) (Name)

_______________________________________ Defendant(s)
(Name) (Name)

Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service

Small Claim No. _____________________

vs.

Abbey Brummer _______________________________________

_______________________________________

Abby Brummer For Defendant: __________________________

(This form required for each Defendant.)

Donald Burns, Sr 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 692.00 showing the balance due is true and correct. I further state that the sum of $__________ is the 10/28/2013 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.
405 West Main Street, Early, IA 50535 2. I further state that Defendant resides at __________________________________________, Odeboldt Nursing and Rehab Center, Odeboldt, IA is employed at _________________________________________________________________, CNA 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.

10/28/2013 Date:__________________________________
712-299-5229 _______________________________________ Phone # sandykracht@yahoo.com _______________________________________ EMail adress
_______________________________________ Additional email address, if appilcable

_______________________________________ Signature of Affiant Donald Burns, Sr. /s/_____________________________________ Filing Plaintiff or Attorney _______________________________________ Law firm, or entity for which filing is made, if applicable _______________________________________ Mailing Address

E-FILED 2013 NOV 04 2:46 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 04 3:29 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

DONALD R BURNS , Plaintiff(s), vs. ABBEY LOUISE BRUMMER , Defendant(s). Case No: 02811 SCSC015361 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 11/18/2013 at 09:30 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 NOV 04 3:29 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SCSC015361 Type: Case Title BURNS, DONALD VS BRUMMER, ABBEY ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-11-04 15:29:19

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E-FILED 2013 NOV 12 02:38 PM SAC - CLERK OF DISTRICT COURT

Date: November 12, 2013 Abbey Brummer: The following is in response to your October 29, 2013 request for delivery information on your Certified Mail item number 70113500000076993962. The delivery record shows that this item was delivered on October 30, 2013 at 12:54 pm in EARLY, IA 50535. 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 NOV 25 10:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DONALD R BURNS Petitioner, VS ABBEY LOUISE BRUMMER Respondent. 02811 SCSC015361

ORDER

This matter came before the court for trial pursuant to order. Both parties appeared pro se. Plaintiff testified on his own behalf and offered his exhibits A - G, all of which were received without objection. Plaintiff testified on her own behalf as did Cassandra Crum and defendant's exhibits 101 and 105 were received without objection. Based on the record the court makes the following: FINDINGS OF FACT: 1. Defendant operates a kennel in the basement of her house and plaintiff had used those services in the past, particularly when assisting his daughter in Fort Dodge. 2. During the time that the plaintiff's dog was boarded at defendant's business after being dropped of on September 15, 2013 the dog tried to escape its cage through a top door that was secured by two separate latches, after successfully opening one latch and sticking his head through the door and then hanging from that door until becoming asphyxiated. 3. During a previous stay at the defendant's kennel the dog had successfully escaped his cage and defendant was aware of that. 4. The defendant does not use the top door on her cages but rather the front door, and does not have the top door secured other than with the two latches which the dog had successfully opened in the past. Based on the foregoing the court finds the defendant at fault for the dog's untimely death. The court does not find that the plaintiff's statement that he did not want a new dog at the time of the incident to prohibit him from recovering the value of the dog. That was obviously a traumatic time for the plaintiff and he did in fact purchase a new dog for $371.00 while the deceased dog cost $321.00.
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E-FILED 2013 NOV 25 10:44 AM SAC - CLERK OF DISTRICT COURT

JUDGMENT: Based on the foregoing the court finds that the defendant is liable to the plaintiff for the value of the deceased dog which it is basing on purchase price and not replacement price. The court orders that judgment be entered in favor of plaintiff and against defendant for $321.00 with interest from the date of filing at the rate of 2.12% per annum and costs.

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E-FILED 2013 NOV 25 10:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SCSC015361 Type: Case Title BURNS, DONALD VS BRUMMER, ABBEY OTHER ORDER So Ordered

Electronically signed on 2013-11-25 10:44:28

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