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United States v. Miller

United States District Court, W.D. Wisconsin

March 20, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSEPH D. MILLER, DAWN L. MILLER, LUKE ANDERS LALIBERTY, TRACTOR CENTRAL, LLC, ANDY F. BENSEND, FRONTIER AG & TURF, PORTFOLIO RECOVERY ASSOCIATES LLC, KRINGLE'S CUSTOM COMBINING, MIDLAND FUNDING LLC, MICHAEL SARAUER, CANDYCE SARAUER, NATURES EDGE THERAPY CENTER, INC., and J.K. DAIRY EQUIPMENT SALES, LLC, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          BARBARA B. CRABB UNITED STATES DISTRICT JUDGE

         The above-captioned matter having come before the Court to be heard, Honorable Barbara B. Crabb, United States District Judge for the Western District of Wisconsin, presiding without a jury, on March 20, 2019, the Plaintiff, United States of America, having appeared by its attorney, the Office of the United States Attorney for the Western District of Wisconsin, and no appearance having been made on behalf of the Defendants herein, except as may be noted on the record; the Clerk of the United States District Court for the Western District of Wisconsin having duly entered the default of Defendants Joseph D. Miller, Dawn L. Miller, Luke Anders Laliberty, Tractor Central, LLC, Andy F. Bensend, Frontier Ag & Turf, Portfolio Recovery Associates, LLC, Kringle's Custom Combining, Midland Funding, LLC, Michael Sarauer, Candyce Sarauer, Natures Edge Therapy Center, Inc., and J.K. Dairy Equipment Sales, LLC; and the United States having filed a Notice of Application for Default and Motion for Default, with accompanying Declarations; and it further appearing that due notice of application and motion for judgment has been made to the Defendants, and the Court having heard the matter, therefore makes and files the following findings of fact and conclusions of law constituting its decision in this action.

         FINDINGS OF FACT

         1. The allegations set forth in the United States' complaint are accepted as true.

         2. There is now due and unpaid on all Notes and Mortgages held by the United States as of March 20, 2019, the sums set forth in Attachment A.

         3. The United States has incurred the following costs in this action: See Attachment A.

         4. No proceedings have been had at law or otherwise for the recovery of the sum secured by said Notes and Mortgages.

         5. The mortgaged premises are described as follows:

Lot 1 of Certified Survey Map No. 4926, Volume 34, Page 47, Document Number 693703, being a part of the Southwest Quarter of the Southeast Quarter of Section 7, Township 36 North, Range 13 West, in the Town of Lakeland, Barron County, Wisconsin.
Tax ID Number: 026-0700-17-000

         6. The real estate is so situated that it cannot be sold in parcels without injury to the interest of the parties, and a sale of the whole will be more beneficial to the parties hereto.

         7. Notice of the pendency of this action was duly given on August 30, 2018, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of the Register of Deeds for Barron County, Wisconsin. This was done in the manner and form required by law, after the filing of the complaint herein, and more than twenty (20) days prior to the trial or other resolution of this action.

         8. The Defendants have not served an Answer or other response and the Clerk of Court has duly entered the default of said Defendants.

         CONCLUSIONS ...


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