HomeMy WebLinkAbout930132
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6010616268
STATE OF WYOMING )
) SS. '
COUNTY OF LINCOLN )
IN THE DISTRICT COURT
THIRD JUDICIAL DISTRICT
Civil Action No. CV 2006 - 30DC
A VCO FINANCIAL SERVICES OF IDAHO )
FALLS, INC., now known as CITIFINANCIAL)
MORTGAGE COMPANY, INC., )
)
)
Plaintiff, )
)
vs. )
)
WALTER E. BARNELL )
)
)
)
Derendant. )
DEFAULT JUDGMENT AND DECREE
THIS MATTER having come befor~ the Court upon the Plaintiff s Motion for Default
Judgment and Decree ("Motion"), and the Court having considered said Motion, and the default
of the Defendant having been entered on March 31, 2006 for failure to answer or otherwise plead
to the Complaint of the Plaintiff, thereby establishing Defendant's liability, and the Court having
reviewed the matter and otherwise being fully advised in the premises, finds as follows:
1. On February 8, 2006, the Plaintiff herein filed its Complaint to Quiet Title
("Complaint") against the Defendant in this action.
2. Plaintiffs Complaint was duly and properly served on the Defendant on February
24, 2006.
3. On March 31, 2006, upon Plaintiff s application, default was entered against
Defendant for failure to appear and defend against the Plaintiffs Complaint.
4. The default entered herein established the liability of Defendant with respect to
the matters pled in the Complaint and foreclosed Defendant from asserting defenses with respect
thereto. Multiple Resort Ownership Plan, Inc. v. Design-Build-Manage, Inc., 45 P.3d 647, 651
(Wyo. 2002). See also Olsten Staffing Servs. v. D.A. Stinger Servs., Inc.,921 P.2d 596, 600-601
(Wyo. 1996) (finding defendant "foreclosed from making any further defense or assertions with
respect to liability" after default was entered).
RECEIVED 6/7/2007 at 4:00 PM
RECEIVING # 930132
BOOK: 661 PAGE: 190
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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5. This Court has jurisdiction over the parties and the subject of this case, and venue
is proper.
6. The effect of the Defendant's failure to respond to the Plaintiffs Complaint is that
the averments in the Plaintiffs Complaint, and each of them, are admitted by Defendant, except
those averments as to the amount of damages. Wyo. R. Civ. P. 8(d).
7. In this case, however, there are no averments as to damages. Therefore, all
allegations in the Complaint this case are deemed admitted and are incorporated herein by this
reference.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
(1) Plaintiff owns absolutely and is entitled to the quiet and peaceful possession of that certain
property described in the Complaint as against the Defendant and all persons who are or may be
claiming any right, title, estate or other interest in said property (or any part thereof) under him,
and (2) Defendant, and all persons who are or may be claiming under him any right, title, estate
or other interest in or to said property, or any part thereof, are hereby permanently enjoined from
asserting any such right, title, estate or other interest.
DATE~~y of
,2006.
STATE OF WYOMING 1
COUNTY OF LINCOLN SS.
I, K~~net~ D.. Roberts, Clerk of the ThIrd
JudIcIal Dlst~lct Court within and fore5ald
county and. In tate of fares . ,do
hereby certl the fo going to e fuJI,
true, and. co pi co y.
SIGNED . .
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