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HomeMy WebLinkAbout954479IN THE DISTRICT COURT OF THE THIRD JUDICIA DISTRICT CO 11 IN AND FOR LINCOLN COUNTY, STATE OF WY ING 1309 MARIE G. WALTON, TRUSTEE OF THE MARITAL TRUST CREATED UNDER THE) EVAN AND MARIE WALTON LIVING TRUST DATED MARCH 25, 1998 Plaintiff, JAN 1 1 2010 vs. Civil No. CV- 2009- 15%FX ETH D. r0r FP.Ts cL;;;x i.,,.;!! .you r 3rci .R. t.);' t n,t. i.- 'i1fa+: :'r SHAWN GHAREMAN, Individually and LINCOLN COUNTY, STATE OF WYOMING HOUSE OF PHILLY, LLC, RECEIVED 7/21/2010 at 9:05 AM RECEIVING 954479 Defendants. BOOK: 750 PAGE: 783 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ORDER GRANTING SUMMARY JUDGMENT AND E+'N IEKINis JUDGMENT AGAINST THE DEFENDANTS This matter having come before the Court on the Motion of the Plaintiff for Summary Judgment, and the Plaintiff appearing by and through its attorney, Dennis W. Lancaster of Lancaster Law Offices, P.C. and the Court having reviewed the file and good cause appearing: THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That the Plaintiff on August 19, 2009 filed a Motion for Summary Judgment with supporting Affidavits. 2. That pursuant to W.R.C.P. Rule 56.1 the Plaintiff filed its Required Statement of Material Facts on November 5, 2009. 3. That the Defendant has failed to file any Affidavits or other documents opposing said Motion for Summary Judgment nor has the Defendant filed any W.R.C.P. Rule 56.1 Required Statement of Material Facts. 4. That on or about September 28, 2006 the Defendant, Shawn Ghareman, individually and on behalf of House of Philly, LLC approached the Plaintiff relating to Plaintiff loaning them the sum of $60,000. 5. That as part of said transaction, the Defendant, Shawn Ghareman specifically represented to the Plaintiff that he was in the process of securing certain property that was located in Lincoln County, Wyoming and the proceeds from said loan would be used to acquire said property and upon the acquisition of such property he would then grant to the Plaintiff a security interest as additional security pertaining to the repayment of said loan. 83 6. That as part of said transaction a Security Agreement or Mortgage and a Secured Promissory Note in the amount of $60,000 was entered into between the parties wherein the Plaintiff loaned the Defendants, Shawn Ghareman and House of Philly, LLC, jointly and severally. 7. That the Defendants failed to grant the Plaintiff the security interest in property that the Defendants had agreed to. 8. That the Defendants made certain payments on the Promissory Note, however, the Defendants failed to pay the amounts as specified under the Promissory Note and as of January 5, 2010 there was due and owing on said Promissory Note the sum of $63,780.37. 9. That pursuant to the terms of the Promissory Note the Defendants agreed to pay reasonable attorney's fees and costs of collection if collection was necessary. 10. That the Plaintiff had notified the Defendants of the default of the Promissory Note and the Defendants have failed to cure the default and that Plaintiff is entitled to Judgment as a matter of law. 11. That there are no material issues of fact as to the obligation of the Defendants to pay the Plaintiff the amounts as set forth in the Plaintiff's Complaint and thus the Plaintiff is entitled to Judgment as a matter of law. 12. That the attorney for the Plaintiff has filed an Affidavit setting forth the attorney's fees incurred to date and also stating that it is anticipated that additional attorney's fees to collect and recover upon said Judgment will be incurred and the Court having found that said attorney's fees incurred to date are reasonable. IT IS HEREBY ORDERED, that the Plaintiff is entitled to Summary Judgment and that Judgment should be entered against the Defendants both jointly and severally in this action. IT IS FURTHER ORDERED, that the Plaintiff, Marie G. Walton, Trustee of the Marital Trust Created Under the Evan and Marie Walton Living Trust dated March 25, 1998, have and recover from the Defendants, Shawn Ghareman and House of Philly, LLC, both jointly and severally the principal sum of $63,780.37 plus $120 for court costs and service fees, for a total amount of $63,900.37 to accrue post Judgment interest at the rate of 10% per annum. IT IS FURTHER ORDERED, that the Plaintiff is entitled to recover the sum of 4663.30 as attorney's fees, which amount will be added to the above referred to Judgment and will accrue post Judgment interest at the rate of 10% per annum. IT IS FURTHER ORDERED, that in the event that the Plaintiff incurs additional attorney's fees relating to the collection of said Judgment that the Plaintiff will be allowed to petition to the Court for the recovery of said additional attorneys fees. IT IS FURTHER ORDERED, that all amounts of said Judgment shall be subject to execution which may be immediately entered. DATED this C /IGa day of January 2010. 2 emus istrict Court Judge San erso STATE OFVrOsJ!N 1 COUNTY OF UM, I, Kenneth r of the Third Judicial foresaid county and 'r =oreesaid, do hereby to be a full, true, and corn,. SIGNED `z`t SS. ?s. "785