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HomeMy WebLinkAbout909910 00841 NOTICE OF JUDGMENT LIEN STATE OF WYOMING ) ) ss. COUNTy OF LINCOLN ) RECEIVED 7/13/2005 at 10:56 AM RECEIVING # 909910 BOOK: 590 PAGE: 841 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I, DAVID W. CURRIE, Vice President of Star Valley Lumber Operations, Inc., a Wyoming Corporation, being first duly sworn, hereby state as follows: 1. As Plaintiff in a civil action against Defendants, Star Valley Lumber Operations, Inc. v. Mclntyre, Civil No. 11,732, in the District Court of the Third Judicial Dis~trict, Lincoln County, Wyoming, Star Valley Lumber Operations, Inc. received a judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre in the amount of $37,570.83, plus interest at the rate of ten percent (10%) accruing from the date of judgment, June 6, 2005, until paid in full pursuant to Wyoming Statutes § 1-16-102(a). A copy of said Judgment is attached hereto and incorporated herein by reference. 2. Said judgment, plus accrued interest, remains unsatisfied. 4. Pursuant to Wyoming Statutes §§ 1-17-301 et seq., I hereby provide notice of the judgment as lien on real property owned by Defendants, said real property being described in the Wm~'anty Deed recorded in Book 527 PR at Pages 046 and 047 on July 15, 2003, as Instrument No. 891621. A copy of said Warranty Deed is attached hereto and incorporated herein by reference. DATED this ll~ day of July, 2005. 00842 DAVID W. CURRIE VICE PRESIDENT STAR VALLEY LUMBER OPERATIONS, INC. SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by DAVID W. CURRIE, who acknowledged further that he is the Vice President of Star Valley Lumber Operations, Inc., and that he signed the foregoing Notice of Judgment Lien for and on behalf of Star Valley Lumber Operations, Inc. pursuant to authority provided to him by said Corporation's Board of Directors, this il~..~_ day of July, 2005. WITNESS my hand and official seal. My Commission expires: o'~/It,/a 7 /~NOT il p~U~U~LiC~¢ M. Kevin Voyles LUTHI & VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127-0820 Tel: (307) 883-7887 Fax: (307) 883-7889 Attorney for Plaintiff 09843 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING STAR VALLEY LUMBER OPERATIONS, INC., a Wyoming Corporation, MARTIN J. MclNTYRE and TAMMY M. MciNTYRE, Plaintiff, Defendants. CIVIL NO. 11,732 DEFAULT JUDGMENT IN THIS MATTER, Plaintiff Star Valley Lumber Operations, Inc., by and through its counsel, M. Kevin Voyles, of LUTHI & VOYLES, LLC, has requested, pursuant to Rule 55(b)(2) of the Wyoming Rules of Civil Procedure, that the Court enter a default judgment. The Clerk of this Court has made an entry of default The Court has reviewed the evidence of record herein, and being fully advised in the premises, finds: 1. That Plaintiff Star Valley Lumber Operations, Inc. filed the Complaint to initiate this action against Defendant Stephen A. Smith on April 19, 2005. STAR VALLEY LUMBER OPERATIONS, INC. v. McINTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT PAGE 1 OF 4 00844 2. That Defendants Martin J. McIntyre and Tammy M. McIntyre were served with a copy of the Summons and Complaint in this action on April 30, 2005, th_rough service on Tammy M. McIntyre at their usual place of abode at 144 Equestrian Way, Etna, Wyoming, by a Lincoln County, Wyoming Deputy Sheriff, as shown by the original copy of the Return that was filed with the Court on May 4, 2005. 3. That Defendants Martin J. Mclntyre and Tammy M. Mclntyre have failed to answer the Complaint herein within the twenty' (20) day time-period for filing an answer provided in Rule 12(a) of the Wyoming Rules of Civil Procedure when service is completed within the State of Wyoming, as shown by the entry of default entered herein by the Clerk of this Court pursuant to Rule 55(a) of the Wyoming Rules of Civil Procedure. 4. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mcintyre for the price of materials and products sold, in the amount of $32,503.54. 5. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for the finance charges on the unpaid balance of the credit account, pursuant to the Application for Credit, through March 25, 2005 in the amount of $2,798.41. 6. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for finance charges on the unpaid balance of the credit account accruing at the rate of 1 1/2 % per month, from March 26, 2005 to the date of judgment herein. 7. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for the cost of bringing this action, STAR VALLEY LUMBER OPERATIONS, INC. v. MelNTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT PAGE 2 OF 4 pursuant to the Application for Credit, said costs being the filing fee to the Court, in the amount of $60.00, and the fee to the Sheriff to serve the Summons and Complaint to.Defendants, in the amount of $40.00. 8. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for reasonable attorney's fees, pursuant to the Application for Credit, said fees being an amount established by Affidavit of Counsel filed herein as $1,015.00. 9. That Plaintiff Star Valley Lumber Operations, Inc.'s motion for a default judgment pursuant to Rule 55 of the Wyoming Rules of Civil Procedure is appropriate under the circumstances presented herein. 10. That Plaintiff Star Valley Lumber Operations, Inc. is entitled to the relief in the Complaint filed herein, and as supported by the Affidavit of Counsel filed requested herein. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. That the motion of Plaintiff Star Valley Lumber Operations, Inc. judgment is granted; for default 2. That for the price of materials and products sold, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $32,503.54; 3. That for the finance charges on the unpaid balance of the credit account, pursuant to the Application for Credit, through March 25, 2005, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $2,798.41; the rate of 1 That for finance charges on the unpaid balance of the credit account accruing at 1/2 % per month, pursuant to the Application for Credit, from March 26, 2005 to the STAR VALLEY LUMBER OPERATIONS, INC. v. MclNTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT PAGE 3 OF 4 00848 date of judgment herein, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in of 1 1/2 % per month on the unpaid balance of the credit account, $~ ,503.54,.from March 26,2005 to the date of judgment; 5. That for the cost of bringing this action, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $100.00; 6. That for attorney's fees, pursuaht to the provisions of the Application for Credit, and the Affidavit of Counsel filed herein, Plaintiff Star Valley Lumber Operations, Inc. is' awarded judgment in the amount of $1,015.00; and 7. That pursuant to Wyoming Statute § 1-16-102(a), the judgment entered herein in shall bear interest at the rate often percent (10%) per year from the date hereof until paid. DATED this day of May, 2005. COUNTY OF LINCOLNJ Judicial District Cou~ within and f~m ' DEN~i~S L SANDERSON ,,, t ' co S~GN[~ ............... Copies to: M. Kevin Voyles LUTHI & VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127-0820 Martin J. McIntyre Tammy M. Mclntyre P.O. Box 3392 Alpine, Wyoming 83128-3392 STAR VALLEY LUMBER OPERATIONS, INC. v. MclNTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT PAGE 4 OF 4 M. Kevin Voyles LUTHI & VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127-0820 Tel: (307) 883-7887 Fax: (307) 883-7889 Attorney for Plaintiff IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRiCT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING STAR VALLEY LUMBER OPERATIONS, INC., a Wyoming Corporation, go MARTIN J. McINTYRE and TAMMY M. MclNTYRE, Plaintiff, Defendants. CIVIL NO. 11,732 DEFAULT JUDGMENT NUNC PRO TUNC IN THIS MATTER, Plaintiff Star Valley Lumber Operations, Inc., by and through its counsel, M. Kevin Voyles, of LUTHI & VOYLES, LLC, has requested, pursuant to Rule 55(b)(2) of the Wyoming Rules of Civil Procedure, that the Court enter a default judgment. The Clerk of this Court has made an entry of default The Court has reviewed the evidence of record herein, and being fully advised in the premises, finds: 1. That Plaintiff Star Valley Lumber Operations, Inc. filed the Complaint to initiate this action against Defendants Martin J. Mclntyre and Tammy M. Mclntyre on April 19, 2005. STAR VALLEY LUMBER OPERATIONS, INC. v. MclNTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT NUNC PRO TUNC PAGE 1 OF 4 00848 2. That Defendants Martin J. Mclntyre and Tammy M. Mclntyre were served with a copy of the Summons and Complaint in this action on April 30, 2005, through service on Tammy M. Mclntyre at their usual place of abode at 144 Equestrian Way, Etna, Wyoming, by a Lincoln County, Wyoming Deputy Sheriff, as shown by the original copy of the Return that was filed with the Court on May 4, 2005. 3. That Defendants Martin J. Mclntyre and Tammy M. Mclntyre have failed to answer the Complaint herein within the twenty (20) day time-period for filing an answer provided in Rule 12(a) of the Wyoming Rules of Civil Procedure when service is completed within the State of Wyoming, as shown by the entry of default entered herein by the Clerk of this Court pursuant to Rule 55(a) of the Wyoming Rules of Civil Procedure. 4. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for the price of materials and products sold, in the amount of $32,503.54. 5. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for the finance charges on the unpaid balance of the credit account, pursuant to the Application for Credit, through March 25, 2005 in the amount of $2~798.41. 6. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for finance charges on the unpaid balance of the credit account accruing at the rate of 1 1/2 % per month, from March 26, 2005 to the date of judgment herein. 7. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M?Mclntyre for the cost of bringing this action, STAR VALLEY LUMBER OPERATIONS, 1NC. v. MclNTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT NUNC PRO TUNC PAGE 2 OF 4 3 pursuant to the Application for Credit, said costs being the filing fee to the Court, in the amount of $60.00, and the fee to the Sheriff to serve the Summons and Complaint to Defendants, in the amount of $40.00. 8. That Plaintiff Star Valley Lumber Operations, Inc. has asked for judgment against Defendants Martin J. Mclntyre and Tammy M. Mclntyre for reasonable attorney's fees, pursuant to the Application for Credit, said fees being an amount established by Affidavit of Counsel filed herein as $1;015.00. 9. That Plaintiff Star Valley Lumber Operations, Inc.'s motion for a default judgment pursuant to Rule 55 of the Wyoming Rules of Civil Procedure is appropriate under the circumstances presented herein. 10. That Plaintiff Star Valley Lumber Operations, Inc. is entitled to the relief requested in the Complaint filed herein, and as supported by the Affidavit of Counsel flied herein. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. That the motion of Plaintiff Star Valley Lumber Operations, Inc. for default judgment is granted; 2. That for the price of materials and products sold, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $32,503.54; 3. That for the finance charges on the unpaid balance of the credit account, pursuant to the Application for Credit, through March 25, 2005, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $2,798.41; 4. That for finance charges on the unpaid balance of the credit account accruing at the rate of 1 1/2 % per month, pursuant to the Application for Credit, from March 26, 2005 to the STAR VALLEY LUMBER OPERATIONS, INC. v. MclNTYRE CIVIL NO. 11,732 DEFAULT JUDGMENT NUNC PRO TUNC PAGE 3 OF 4 date of judgment herein, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in of 1 1/2 % per month on the unpaid balance of the credit account, $32,503.54, from March 26, 2005 to the date of judgment; 5. That for the cost of bringing this action, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $100.00; 6. That for attorney's fees, pursuant to the provisions of the Application for Credit, and the Affidavit of Counsel filed herein, Plaintiff Star Valley Lumber Operations, Inc. is awarded judgment in the amount of $1,015.00; and 7. That pursuant to Wyoming Statute § 1-16-102(a), the judgment entered herein in shall bear interest at the rate of ten percent (10%) per year from the date hereof until paid. DATED this '~day of June, 2005. 00850 DENNIS L. SANDERSON DISTRICT COURT JUDGE Copies to: M. Kevin Voyles LUTHI & VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127-0820 Martin J. Mclntyre ' ,~" ,O,*'.' '~ Tammy M. Mclntyre ' ·" P.O. Box 3392 Alpine, Wyoming 83128-33'9~,:.i:: . . ' e'~ne~h D. RobertS, Clerk c' .h..~¢iciat D~strict C~n a STAR VALLEY LUMBER OPERATIONS, INC. v. MeINTYR:E~:~ a~d irl~/(~ ~ ;:~saM, cio a,e a full CIVIL NO. 11,732 he:'eby ceGifp~g~}~ina, tc~ ~'' DEFAULT ~DGMENT NUNC PRO TUNC t~':a, and PAGE4OF4 SIGNED~~ ~--'- 03018085 T.~ M. T~ M. ~TK0 and ~TIN j J[/Iq~ . hereby Cd~ ~d W~ TO: ' " T~ M. MCI~ ~d ~RTZN J, ~CI~, wife a:d husband, for the sum of Ten Dol!~s and other ~ood ~d va!u~le consideration :h~ fo!lowin~ described :~ct' of l~d in Lincoln Co~ty, State of Wyoming, hereby raleasia~ ~d waivia~ ~1 rights ~der ~d by virtue of Ehe homestmad exemption laws of the Stats, ~o-wit: 00551 S~.E ATTAC3{ED EXhibIT Subject to rese. rva~ions and restrictions contained in ~he United States Patcnt and :o' easem~ts a~d riqhts-of-way of record or in use. To~eCher with all improvements and appurtenances. :hereon. WITNESS, the hand of said'grantors, this J7 day of dune , A.D. 2003 .'~ ~ STATE OF CO ' Tammy ~. McInt~, ~a Ta~v ~ - '~,~* ; ;, _Y. PP red ba:o~ me, LAND TITLE CONiPANI LIHCOLH C) CLERK ~ -- ~--HO. 608 0085'2 li~. ~ a point un ~h~ ~za~ lin~ ~ ~ai~ ~u~(.'L~ncic~1 SElf of S~==imn Z2. ~SH, ~I~W. ~=inq ~..