HomeMy WebLinkAbout947898MOULTON LAW OFFICE
Amy Wallace Potter, Esq. (Bar No. 6-4300)
60 East Wallace Ave.
P.O. Box 631
Driggs, ID 83422
(208) 354-2345
(208) 354-2346 (facsimile)
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LINCOLN CUUNT'r; STATE Or WYOMING
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF
THE STATE OF WYOMING, IN AND FOR THE COUNTY OF LINCOLN
C"OV 430
HEADWATERS CONSTRUCTION
COMPANY, INC., d/b/a COLDWATER
TIMBER PRODUCTS, a Wyoming
Corporation,
Plaintiff,
vs.
CLINTON E. HARRIS AND CATHY
HARRIS, husband and wife, KINETIC
CONSTRUCTION, an Idaho Corporation, and
THE JACKSON STATE BANK AND TRUST,
a Wyoming Corporation,
Case No. CV-2008-191-DC
DEFAULT JUDGMENT FOR
DECREE OF FORECLOSURE,
BREACH OF CONTRACT AND
UNJUST ENRICHMENT AGAINST
DEFENDANTS CLINTON AND
CATHY HARRIS
RECEIVED 6/22/2009 at 12:24 PM
RECEIVING # 947898
BOOK: 725 PAGE: 830
JEANNE WAGNER
Defendants.
LINCOLN COUNTY CLERK, KEMMERER, WY
In this action, Defendants Clinton and Cathy Harris were sued for foreclosure, breach of
contract and unjust enrichment, and were regularly served by publication. Subsequent to that
time, Defendants Clinton and Cathy Harris have not entered an appearance in this action and the
time within which Defendants Clinton and Cathy Harris could appear or otherwise respond has
expired and has not been extended. The default of Defendants Clinton and Cathy Harris having
been duly entered, now upon application to the Court for Judgment:
Default Judgment 1
Coldwater v. Harris and Kinetic
That Plaintiff shall have judgment against Defendants Clinton and Cathy Harris in
the following amount:
Damages, $11,832.69
Interest, $2,896.47 (July 1, 2008 to May 21, 2009, at 18% per annum per invoices
attached to complaint; accrual beginning after June 30, 2008 finance charge included in
complaint)
Attorney's Fees, $3,000.00 (set forth in complaint)
Costs, $779.50 ($60 filing fee, $5.50 certified mail fee, $90 attempted service fees, $11
recording fee, $255 publication fee, $358 title reports)
TOTAL: $18,508.66
PLUS post judgment interest at the rate of 10% from the date of judgment until paid in full.
2. That the real property described as:
Lot 48, Rees Subdivision, Township 73 Range 118 Section 20, Lincoln County,
Wyoming, Deed Book & Page 668-611
shall be sold by the Sheriff of Lincoln County, Wyoming by levy and execution according to the
law and practice of this Court; and that the proceeds of that sale shall be first applied to the costs
of said sale, then to the total mount due to the Plaintiff as indicated above.
That the mortgage and security interest affecting the real property shall be deemed
foreclosed, and that all parties with an interest subsequent to Plaintiff, including Defendants
Clinton and Cathy Harris herein or any person claiming through said Defendants Clinton and
Cathy Harris shall be barred and foreclosed of all right, title and interest in and to the property;
and the purchaser at the sale shall be entitled to immediate possession of the property, subject
only to such statutory rights of redemption as may be allowed by law.
Default Judgment 2
Coldwater v. Harris and Kinetic
'vVU832
4. That Plaintiff may bid by credit bid against the sums found owing to it, and any
other person may become a purchaser for cash. The Sheriff shall execute and deliver to the
purchaser with the highest cash bid a certificate of purchase, and, after the expiration of any
redemption period, shall execute and deliver to the purchaser a Sheriff's Deed to the property
described above.
5. That Plaintiff shall have and retain a deficiency judgment against Defendants
Clinton and Cathy Harris in the event the proceeds of sale are not sufficient to satisfy Plaintiff's
judgment including the costs of sale.
6. In the event that possession of the property is not surrendered by Defendants
Clinton and Cathy Harris, the Court shall issue a writ of assistance, directed to the Sheriff of
Lincoln County, requiring that possession of the Property be delivered to the purchaser at the
sale.
DATED this ~c
'
TATE O 1rb°a~~~t e s
COUNTY OF
~i,
Judicial L~lyf'yfV }rf?Si~lf~
county and o, ; CIO
hereby a full,
true, and c syn.
Default Judgment 3
Coldwater v. Harris and Kinetic