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HomeMy WebLinkAbout96357100544 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR LINCOLN COUNTY,, STATE OF WYOMING 1 BANK, a Wyoming State Banking Corporation, vs. Plaintiff, BURKE T. VALENTINE and HEIDI B. VALENTINE, Defendants. Plaintiff in the Complaint. Civil No. CV -2011- 267 -DC FILED BY ((VIA 11 n.2 FEB 6 2012 KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING DE FAULT JUDGMENT This matter having come before the Court on the Motion of the Plaintiff, 1" Bank, for Entry of Default against the Defendants, Burke T. Valentine and Heidi B. Valentine, and the Plaintiff, 1st Bank, 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 filed the above entitled Complaint against the Defendant on December 16, 2011 2. That the Defendants, Burke T. Valentine and Heidi B. Valentine, were served on the 5 day of January, 2012. 3. That the time for the Defendants, Burke T. Valentine and Heidi B. Valentine, to answer the Complaint pursuant to the Wyoming Rules of Civil Procedure has lapsed and Entry of Default has been duly entered by the Clerk of District Court. 4. That pursuant to the terms of the Credit Agreement and Disclosure and related finance documents that the Defendants executed with the Plaintiff to secure the loan that is the subject of this action the Defendants agreed to pay the amounts due and owing plus agreed to pay reasonable attorneys' fees and costs if collection efforts were necessary. 5. That the amount due and owing the Plaintiff as alleged in the Complaint is a sum certain and thus the Court can enter Judgment in the amount as prayed for by the RECEIVED 3/8/2012 at 12 :15 PM RECEIVING 963571 BOOK: 782 PAGE: 544 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 6. That as of January 31, 2012 there is due and owing on the amount as alleged in the Complaint from the Defendant to the Plaintiff the sum of $48,872.97 together with costs incurred for the filing fee and service fees in the amount of $140.00. 7. That as noted in the Affidavit filed by the attorney for the Plaintiff the Plaintiff has requested attorneys' fees in the amount of $1,405.84 and the Court does find that said amount of attorneys' fees and costs are reasonable and also the Affidavit states that it is anticipated that additional attorneys' fees to collect and recover upon said Judgment will be incurred and the Court having found that said attorneys' fees incurred to date are reasonable. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the Plaintiff shall recover from the Defendants, Burke T. Valentine and Heidi B. Valentine, the principal sum of $48,872.97 plus court costs and service fees in the amount of $140.00 for a total amount of $49,012.97 to accrue post judgment interest at the rate of 10% per annum. IT IS FURTHER ORDERED, that Plaintiff is entitled to recover the sum of 1405.84 as attorneys' fees and costs, 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 the Plaintiff incurs additional attorneys' fees relating to the collection of said Judgment that the Plaintiff will be allowed to petition to this Court for the recovery of said additional attorneys' fees. IT IS FURTHER ORDERED, that all amounts due and owing under this Judgment shall be subject to execution which may be immediately entered. DATED thi= day of Febniary, 2012. I L. S ERSO District Court Judge S (F• YOMING tiaOI,P OF LINCOLN onnol i D. Roberts, Clerk k of the Third 1.4' ;r. ;F ;l;',Eg'ye Court w'sthin and foresard ip he State of foxes d, ck c.,;,.r y the foregoing to be a full, true, 80d complete to copy,. 00545