HomeMy WebLinkAbout928349
000269
NOTICE OF JUDGMENT LIEN
STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
RECEIVED 4/12/2007 at 9:55 AM
RECEIVING # 928349
BOOK: 654 PAGE: 269
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
I, M. KEVIN VOYLES, of LUTHI & VOYLES, LLC, counsel for The Bank of Star
Valley, a Wyoming Bank Corporation, being first duly sworn, hereby state as follows:
1. That Plaintiff The Bank of Star Valley, in a civil action against Defendant David
L. Aullman, in The Bank of Star Valley v. Aullman, Civil No. CV-2007-1, in the Circuit Court
of the Third Judicial District, Lincoln County, Wyoming, received a civil judgment against
Defendant David L. Aullman in the amount of $6,206.48, plus interest at the rate of ten percent
(10%) accruing from the date of judgment, April 4, 2007, until paid in full pursuant to Wyoming
Statutes § 1-16-102(a). A certified copy of said Judgment is attached hereto and incorporated
herein by reference.
2. That said judgment, plus accrued interest, remains unsatisfied.
3. That pursuant to Wyoming Statutes §§ 1-17-301 et seq., I hereby provide notice
of the judgment as lien on real property owned by Defendant, said real property being that
described in the Warranty Deed recorded in Book 516 PR at Page 125 on March 28, 2003, as
Instrument No. 888792. A copy of said Warranty Deed is attached hereto and incorporated
herein by reference.
DATED this 9th day of April, 2007.
'-I
SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by M. KEVIN
VOYLES, who acknowledged further that he signed the foregoing Notice of Judgment Lien as
counsel for The Bank of Star Valley, this 9th day of April, 2007.
WITNESS my hand and official seal.
JACK D. EDWARDS - NOTARY PUBUC
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES JAN. 18, 2010
My Commission expires: ~
~~\.~
OTARYPUBLIC
M. Kevin Voyles
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne, Wyoming 83127-0820
Tel: (307) 883-7887
Fax: (307) 883-7889
000270
0928349
I LED
BY
Ani - 4 L?i'v"'7
\.1 I
Attorney for Plaintiff
SANDRA L. HAWKES
CI.FHK OF CIRCUIT cr.l:;~T
3rd JUDICIAL Dlsml.:T
LINCOLN COUNTY, STAl E OF WYOMING
CIRCUIT COURT OF THE THIRD JUDICIAL DISTRICT
COUNTY OF LINCOLN, STATE OF WYOMING
DAVID L. AULLMAN,
THE BANK OF STAR V ALLEY, )
a Wyoming Bank Corporation, )
)
)
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)
)
)
)
)
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Plaintiff,
v.
CIVIL NO. CV-2007-1
Defendant.
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DEFAULT JUDGMENT
IN THIS MATTER, Plaintiff The Bank of Star Valley, by and through its counsel, M.
Kevin Voyles, of LUTHI & VOYLES, LLC, has requested, pursuant to Rule 55 of the Wyoming
Rules of Civil Procedure, that the Court enter a default judgment. The Court has reviewed the
evidence of record herein, and being fully advised in the premises, finds:
1. That Plaintiff filed the Complaint to initiate this action against Defendant on
January 19,2007.
THE BANK OF STAR V ALLEY v. AULLMAN
CIVIL NO. CV-2007-1
DEFAULT JUDGMENT
PAGE 1 OF4
0928349
000271.
2.
That Defendant was served through service by publication, proof of which has
been filed herein. As well, after counsel learned that the Court had an address for Defendant, an
attempt was made to serve Defendant by Certified Mail, Restricted Delivery, Return Receipt
Requested, as allowed under Rule 4 of the Wyoming Rules of Civil Procedure. Defendant has
failed to accept that mailing.
3. That Defendant has failed to answer the Complaint herein within the thirty (30)
day time-period for filing an answer provided in Rule 12(a) of the Wyoming Rules of Civil
Procedure when service is completed by publication, and has failed to respond to the additional
attempted personal service by not accepting delivery of the Certified Mail for a period of over
twenty (20) days.
4. That Plaintiff has requested judgment against Defendant for the amount of
$4,206.48 due on the Overdraft Protection loan as of December 31, 2006, plus interest thereon in
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the amount of $1.9325499 per day from January 1, 2007 to the date of judgment, and for the
costs of collection of the Overdraft Protection loan debt, including, attorney's fees, said costs of
collection and attorney's fees to be established by affidavit.
5. That Plaintiff The Banle of Star Valley has, in its Complaint and other pleadings
filed herein, established the factual basis for judgment against Defendant.
6. That an entry of default has been entered herein.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
THE BANK OF STAR VALLEY v. AULLMAN
CIVIL NO. CV-2007-1
DEFAULT JUDGMENT
PAGE 2 OF 4
O~28349 000272
1. That the motion of Plaintiff The Bank of Star Valley for default judgment is
granted;
2. That judgment for Plaintiff and against Defendant is granted in the amount of
$4,206.48 for the amount that was due on the Overdraft Protection loan as of December 31,
2006;
3. That judgment for Plaintiff and against Defendant is granted in the amount of
$173.93 for the amount of interest that was due on the Overdraft Protection loan for the period
from January 1,2007 to March 31,2007 (90 days x $1.9325499 p@r day);
4. That judgment for Plaintiff and against Defendant is granted in the amount of
$
7. 71
for the amount of interest that was due on the Overdraft Protection
loan for the period from April 1, 2007 to the date of judgment (said amount being ~ days x
$1.9325499 per~day);
5. That judgment for Plaintiff and against Defendant is granted in the amount of
$218.34 for the costs of filing this action, which amount includes the $30.00 cost of filing this
action, the $180.00 cost of service by publication, and the $8.34 cost of attempted personal
service by Certified Mail pursuant to Rule 4 of the Wyoming Rules of Civil Procedure; and
6. That judgment for Plaintiff and against Defendant is granted in the amount of
$1,600.00 for reasonable attorney's fees incurred by Plaintiff in filing and completing this cause
of action.
THE BANK OF STAR VALLEY v. AULLMAN
CIVIL NO. CV-2007-1
DEFAULT JUDGMENT
PAGE30F4
O~28349
000273
7. That the total judgment entered herein in favor of Plaintiff and against Defendant
is $ ~ .1o-6 · 'f8 (said amount being the sum of Paragraphs 2 through 6 above).
f
8. That pursuant to Wyoming Statute § 1-16-102(a), the judgment shall bear interest
at the rate of ten percent (10%) per year from the date hereof until paid.
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DATED this ~ day of April, 2007.
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Copies to:
~
M. Keviµ Voyles
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne"Wyoming 83127-0820
David Aullman
2913 East 3600 North # 84
Twin Falls, Idaho 83301
Defendant
Attorney for Plaintiff
/
THE BANK OF STAR VALLEY v. AULLMAN
CIVIL NO. CV-2007-1
DEFAULT JUDGMENT
PAGE40F4
RECEIVED
N COUNTY CLERI<
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KNOW ALL MEN BY THESE PRESENTS, that DALE and FA YE AtltLMA;N~:krarit8~s!df
Thayne, Lincoln County, Wyoming, for and in consideration ofTEN DOLLARS ($10.00) and other valuable
consideration, in hand paid, receipt of which is hereby acknowledged, have hereby remised, released and
forever quit claimed unto the said DAVID LEE AULLMAN of Thayne, Wyoming, a single man, grantee, his
heirs and assigns forever, all such right, title, interest, property, possession, claim and demand, as they may have
or ought to have, in or to all the following described property, hereby releasing and waiving all rights under and
by virtue of the homestead ex'emption laws ofthe State of Wyoming, to-wit:
Beginning at a point 1346.5 feet West and 100 feet South from the East Quarter
Corner of Section 23 in T. 34 N., R1l9 West of the 6th P.M., Wyoming, and running
thence South 60.0 feet; thence West 213.5 feet; thence North 60 feet; thence East
213.5 feet to the point of beginning, together with improvements and water rights.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations,
Restrictions, Right-of-Way and Improvements of sight and or record.
Acknowledgment is according to Wyoming statutory form. Homestead rights
waived and released both in body and in acknowledgment.
WlrnESS my hand this d~~ day of March, 2003.
Ck~
DALE AULLMAN
THE STATE OF WYOMING)
, ) SS.
COUNTY OF LINCOLN )
~~~.
FA YE tULLMAN
The foregoing instr~ment was acknowledged before me by Dale Aullman and Faye Aullman this
d.5+~ day of /YJllrt./' ,2003.
Witness my hand and officia.l seal.
CHfuSTINA K. ALLRED· NOTARY PUBLIC
r.nllntv nf ~ Slale of
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