HomeMy WebLinkAbout877112 THE STATE OF WYOMING ~ L?~'4
.'c~ ~,~ .... - .... IN THE CIRCUIT COURT
COUNTY OF LINCOLN ) THIRD JUDICIAL DISTRICT
~, .... STATE BANK OF GREEN, RIVER,
JPlaintiff,
JEREMIAH KAMPMAN and -
ANNIE MARSHINSKY,
':~' 2 0 ~ Defendants
BOOK - ~ ',~.PRPAGE '
~[~K 0t C~W~ CO~F
3rd JUDICIAL DI~RICT
LIN~ ~U~ ~TATE OF WYOMINO
OP~)ER GRATING JUDG~NT ON THE PLF~INGS
The above-captioned action came before the Court on October
19, 2001 for hearing on Plaintiff State Bank of Green River's
Motion For Judgment On The Pleadings. Plaintiff was represented at
the hearing by Richard Mathey. Defendant' Marshinsky was present
and represented herself. ~,In connection therewith the Court has
considered the following:
a. The pleadings dh file herein; and
b. Plaintiff State Bank of Green River's Motion For Judgment
On The Pleadings; and ~'
c. Arguments of Plaintiff and Defendant presented at hearing.
The Court, being well and sufficiently advised in the'
premises, finds as follows: '
1. This action was filed on July 25, 200].. Both Defendant
Kampman and Defendant Marshinsky were served on July 28, 2001.
Defendant Kampman failed to answer; a default judgment was entered
against him herein on August 24, 2001. A Writ Of Continuing
Garnishment was issued by the Court herein to his employer on
August 28, 2001; two payments in the amounts of $383.34 and $303.74
have been received~from Defendant Kampman's employer and applied to
the amount owing to Plaintiff.
2. Defendant Marshinsky responded to the summons and
complaint by filing an answer herein on August 8, 2001. In said
answer Defendant Marshinsky admitted the allegations of the
complaint and specifically made the following admissions:
a. "I co-signed on [Jeremiah Kampman's] behalf so that
he could purchase a reliable vehicle for transportation.,,
b. "I understand that I am partly responsible for 'this
debt..."
3' None of the information, or allegations in Defendant
Marshinsky, s answer denied the representations made in the
complaint and none of the information or allegations pleaded a
cognizable affirmative defense.
4. Pursuant to Rule 12(c), W.R.C.P., .Plaintiff State Bank of
Green River is entitled to judgment on the pleadings.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Judgment
On The Pleadings be, and it is hereby, granted in favor of
Plaintiff State Bank of Green River and against Defendant Annie
Marshinsky for the following amounts:
a. The principal amount of Four Thousand Three Hundred
Thirty-Five Dollars and Fifteen Cents ($4,335.15);
b. Interest ~hrough October 23, 2001 at the rate of
14.25% per annum in the amount of Four Hundred Thirty-One
Dollars and Fifty-Two Cents ($431.52);
c. Costs of sale of the collateral of Two Hundred
Ninety-Two Dollars ($292.00);
d. Late charges of Forty Dollars ($40.00);
e. Costs of Ninety Dollars ($90.00);
f. Attorney fees of One Thousand Seventy-Four Dollars
($1,074.00);
g. !nteresh at the'highest legal rate after judgment;
and _
h. Ongoing costs, attorney fees and expenses which may
be incurred in connection with the execution of the
judgment.
IT IS FURTHER ORDERED that to the extent payment (either
voluntary or involuntary) is made on the judgment entered herein
against Defendant Kampman on August 24, 2001, said payment shall
reduce the amount owing by Defendant Marshinsky on this judgment;
conversely, to the extent payment is made on this judgment (either
voluntary or involuntary), said payment shall reduce the amount
owing by Defendant Kampma~h under the August 24, 2001 judgment.
IT IS FINALLY ORDERED ~that the amount of Six Hundred Eighty-
Seven Dollars and Eight Cents ($687.08) previously garnished from
Defendant J~remiah' Kampman's employer shall reduce the amounts
owing from Defendants Jeremiah Kampman and Annie Marshinsky
accordingly.
DATED this __3~~
day of ~ ~ 2001,
'THE STATE OF WYOMINI~)
)sS
COUNTY OF UNCOLN
1 SANDRA L HAWKES, CLERK OF THE CIRCUIT
COURT WITHIN AND FOR SAID COUNTY AND IN THE
STATE AFORESND, DO HEREBY CERTIFY THE FORE-
GOING TO BE A F .~ ]'.R~,..E"AND (~OM~ COPY.
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