United States of America v. Digman, Jennifer et al
Filing
37
JUDGMENT of Foreclosure and Sale entered in favor of Plaintiff United States of America. (WMC /PAO). (rep)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
Case No. 14-cv-10-wmc
v.
JENNIFER A. DIGMAN
966 Heil RD
Cuba City, WI 53806
and
BENTON FEED FARM & SUPPLIES LLC
DWAYNE A. SCHULTZ
Registered Agent
W9077 Schutz Road
Lodi, WI 53555
~.GlLE DAIRY EQUIPMENT
JOHNG.
INC.
GILE
Registered Agent
915 S. Main St.
Cuba City, WI 53807
SPILLANE TOWER MOTEL LLC
JOSEPH SPILLANE
Registered Agent
112 S. Main St.
Cuba City, WI 53807
REDDY AG SERVICE
HAROLD G. REDDY
Registered Agent
3984 Commercial Street
P. O. Box 38
Stitzer, WI 53825
MERCY MEDICAL CENTER
JEFF BADGER
Registered Agent
1570 Midway Place
Menasha, VVI54952
DICKEYVILLE FEED LLC
LEONARD J. TIMMERMAN
Registered Agent
220 North Avenue
P.O. Box 457
Dickeyville, VVI53808
KOVV ALSKI-KIELER INC.
BEN THEIR
Registered Agent
3179 CTY HH
Dickeyville, VVI53808
. DAVE BAUS PLUMBING, HEATING, &
PUMP SERVICE INC.
DAVID C. BAUS
Registered Agent
937 CTY HVVYH
Cuba City, VVI53807
NEVV HORIZONS COOPERATIVE
1775 Fourth Street
Fennimore, VVI53809
PREMIER COOPERATIVE
501 VV. Main St.
Mount Horeb, VVI53572
LVNV FUNDING LLC
c/o Steven A. Linder, Esq.
Meyer & Njus, P.A.
200 South Sixth Street
Suite 1100
Minneapolis, MN 55402
2
DISCOVER BANK
c/o Paul H. Thielhelm, Esq.
ScheIble Law Firm, S.C.
622 N. Water St., Ste 400
Milwaukee, WI 53202
MURRAY'S DAIRY FARM &
REFRIGERATION INC.
JAMES T. MURRAY
Registered Agent
463 N. Washington St.
Lancaster, WI 53813
ALLEGIANT OIL LLC
P. O. Box 127
Lancaster, WI 53813
Defendants.
JUDGMENT
OF FORECLOSURE AND SALE
Defendants J. Gile Dairy Equipment Inc., Spillane Tower Motel, LLC, Dickeyville
Feed, LLC, Dave Baus Plumbing, Heating, Pump Service, Inc., Premier Cooperative,
Lvnv Funding, LLC, Allegiant Oil, LLC, Dr. Valerie B. Peckosh, Discover Bank, Benton
Feed Farm & Supplies, New Horizons Supply Co-op, Reddy Ag Service, Murray's
Dairy Farm & Refrigeration, Kowalski-Kieler, and Mercy Medical Center, having failed
to appear, plead, or otherwise defend in this action, and default having been entered on
May 22, 2014; Defendant Jennifer Digman having entered into a Stipulation with the
United States regarding entry of judgment (dkt. #29); and counsel for Plaintiff United
States of America ("Plaintiff"), having requested judgment against the defaulted
3
Defendants and Defendant Digman and having filed a proper motion and declarations
in accordance with Fed. R. Civ. P. 55(a) and (b);
Judgment is hereby entered in favor of Plaintiff and against Defendants as
follows:
Real Estate
1.
There is now due and owing to Plaintiff as of and including
November 19, 2014, the following sums: See Attachment A.
2.
Plaintiff is entitled to Judgment of Foreclosure and Sale in the usual
form on the mortgaged premises, located in Grant County, Wisconsin, and
described more specifically as:
Part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of
Section Thirty-four (34), Township Two (2) North, Range One (1) West of
the 4th P.M., Smelser Township, Grant County, Wisconsin, described as
follows: Commencing at the East Quarter corner of said Section 34: thence
South 89°41'13" West 840.53 feet along the East-West Quarter line of said
Section to the point of beginning; thence South 89°41'13" West 371.61 feet
along said East-West Quarterline; thence North 04°22'10" East 399.18 feet;
thence South 89°06'32" East 360.71 feet; thence South 02°51'20" West
390.86 feet to the point of beginning.
3.
The premises shall be sold as a whole at public auction in the
County of Grant, State of Wisconsin, by or under the direction of the United
States Marshal for the Western District of Wisconsin, no sooner than 90 days
after the date of this judgment.
4.
Defendants and each of their heirs, successors and assigns, and all
persons claiming under them or either of them after the filing of the notice of the
4
pendency of this action, be forever barred and foreclosed of all right, title,
interest, and equity of redemption in the mortgaged premises.
5.
In case of sale pursuant to this Judgment:
a. the United States Marshal shall give public notice of the time
and place of the sale as required by law, and that notice of the
sale be published in The Grant County Herald Independent, a
newspaper published in the City of Lancaster, Grant County,
Wisconsin;
b. the United States Marshal shall allow any of the parties to this
action to purchase at the sale the above-described premises;
c. the United States Marshal shall file with the Clerk of this Court
his report of the sale, and shall also immediately after the sale
deposit the proceeds thereof, after deducting the costs and
expenses of the sale unless otherwise ordered by the Court;
d. the United States Marshal may accept from the purchaser at
such sale, as a deposit or down payment upon the same, not less
than ten percent (10%)of the purchase price, in which case such
amount shall be deposited as above provided, and the balance
of the sale price shall be paid to the United States Marshals'
Service by the purchaser at the sale, upon confirmation thereof,
except that if Plaintiff is the successful bidder at the sale, the
5
United States Marshal may take the receipt of Plaintiff in lieu of
cash payment;
e. the United States Marshal, upon compliance on the part of the
purchaser with the terms of the sale as required by law, shall
make and execute to the purchaser a deed to the premises so
sold, as above described, stating the price paid therefor;
f. the United States Marshal shall deliver the deed to the
purchaser, upon compliance by the purchaser with the terms of
the sale, and the payment by him of any balance of the sale price
to be paid;
g. the United States Marshal shall thereupon pay from the
proceeds of the sale all claims superior to Plaintiff as
determined by the Court, and to Plaintiff, the amount of said
judgment, together with interest from the date of judgment on
all of said sums, as set forth in 28 U.S.C. S 1961(a), from the date
hereof, or so much thereof as the monies derived from the sale
of the premises will pay the same, and take receipts therefor;
and
h. the surplus money, if any, shall be subject to the further order of
the Court.
6
6.
If the proceeds of the sale are insufficient to pay the amounts
aforesaid, the United States Marshal shall specify the amount of the deficiency in
his report of sale. Deficiency judgment is not being sought herein.
7.
Upon confirmation of sale of the mortgaged premises:
a. the purchaser or purchasers, or his or their heirs,
representatives or assigns, shall be let into possession of the
premises sold, upon production of the Marshal's deed thereto or
duly authenticated copy thereof;
b. any of the parties to this action who may be in possession of the
premises, and every other person who since the filing of notice
of the pendency of this action has come into possession of the
same or any part thereof under them or either of them shall
deliver to such grantee or grantees named in the deed
possession of the mortgaged premises, and
c. a writ of assistance shall issue if necessary to secure such
possession.
8.
Plaintiff may pay any taxes or insurance premiums on the
mortgaged premises now due or which shall hereafter become due before the
sale thereof and have a lien on the premises for the amount so paid, with interest
on all of sums from the date of judgment at the rate set forth in 28 U.S.C. S
1961(a);and that in the event any such payments are made, Plaintiff may obtain
an order at the foot of this judgment directing that the amounts so paid, with
7
interest, be likewise paid from the proceeds of the sale or redemption of the
mortgaged premises.
9.
Defendants and all persons claiming under them be and they are
hereby enjoined from committing waste upon the mortgaged premises and from
doing any other act that may impair the value of the same.
10.
Defendants and each of them, their heirs, successors and assigns;
and all persons claiming under them or either of them after the filing of notice of
the pendency of this action, be forever barred and foreclosed of all right, title,
interest, and equity of redemption in said mortgaged premises.
11.
Defendants and all persons claiming under them be and they are
hereby enjoined from committing waste upon said mortgaged premises and
.
from doing any other act that may impair the value of the same.
Chattel
12.
There is now due and owing to Plaintiff as of and including
November 19, 2014, the following sums: See Attachment A.
13.
Plaintiff is entitled to possession of the items of security on which
the Farm Service Agency has a first security interest, as set forth in Attachment B,
after the expiration of 90 days from the date of entry of this judgment.
14.
Plaintiff may exercise its right to have execution issued and require
the United States Marshal to take possession of the items of security listed in
Attachment B at any time after the expiration of 90 days from the date of entry
8
this judgment, and deliver the items of security to Plaintiff, and a writ of
execution shall issue if necessary to secure such possession.
15.
These items of security, described in Attachment B, may be sold
individually or as a whole at public sale or private sale by or under the direction
of the United States Marshal or the Farm Service Agency.
16.
If these items of security, described in Attachment B, are sold, the
United States shall deposit the proceeds thereof, after deducting the costs and
expenses of the sale, and unless otherwise ordered by the Court, the United
States shall thereupon pay from the proceeds of the sale all claims superior to
Plaintiff as determined by the Court and to Plaintiff the sums set forth in
Attachment A, the amount of the judgment, together with interest on all sums at
the rate set forth in 28 U.S.C. S 1961(a) from the date of the Judgment, or so much
thereof as the monies derived from the sale of the items of security will pay, and
take receipts therefor; that the surplus money, if any, shall be subject to further
order of the Court.
17.
If the proceeds from the sale of the items of security, together with
the proceeds from the sale of the real estate, are insufficient to pay the amounts
set forth above, then the United States may report the amount of the deficiency to
the Court. Deficiency judgment is not being sought in this action.
18.
Defendants and each of them, their heirs, successors and assigns;
and all persons claiming under them or either of them, be forever barred and
9
foreclosed of all right, title, interest, and equity of redemption in said mortgaged
collateral.
19.
Defendants and all persons claiming under them or either of them,
are hereby enjoined from doing any act that may impair the value of the
mortgaged collateral.
Dated this
11t'~ay of November,
2014
BY THE COURT:
LIAMM.CO
Y
ited States District Judge
Western District of Wisconsin
Entered at Madison, Wisconsin, this
J3flJ day of November,
~(J~~
2014.
PETER OPPENJiER
Clerk of Court
United States District Court
Western District of Wisconsin
10
UNITED STATES V. JENNIFER DIGMAN, et al.
Case No. 14-cv-10-WMC
ATTACHMENT A
Notes and Mortgages
a.
Principal as of November 19, 2014
$123,109.78
b.
Interest as of November 19, 2014
$ 41,049.61
Total as of November 19, 2014
$164,159.39
e.
United States Marshals Fees
$1,613.17
f.
Filing of Notice of Lis Pendens
$
Total Costs
$1,643.17
Total as of November 19,2014
30.00
$165,802.56
ATTACHMENTB
UNITED STATES OF AMERICA V. JENNIFER DIGMAN, et al.
Case Number 14-cv-10-wmc
LIST OF ITEMS OF SECURITY
A. All crops, annual and perennial, and other plant or farm products now planted,
growing or grown, or harvested or which are planted after this instrument is
signed or otherwise become growing or harvested crops or other plant products
(a) within the one-year period or any longer period of years permissible under
State law, or (b) at any time after this instrument is signed if no fixed maximum
period is prescribed by State law, including the crops and plant products now
planted, to be planted, growing or grown or harvested on the following
described real estate:
NO. OF
ACRES
ITEM NO.
OWNER
DESCRIPTION
LOCATION
All crops and plant
products wherever grown
on ro er
1
B. All farm and other equipment (except small tools and small equipment such as
hand tools, power lawn mowers and other items of like type unless described
below), and inventory, now owned or hereafter acquired by Debtor, together
with all replacements, substitutions, additions, and accessions thereto, including
but not limited to the following:
QTY
ITEM
NO.
1
1
2
1
3
1
4
1
DESCRIPTION
Feed Bin,
Bottom Slide
Reverse
Osmosis System
Hot Water
Heater
Water Softener
System
MANUFACTURER
SIZE
AND
TYPE
SERIAL
OR
MODEL
NO.
6 Ton
Rhem/Marathon
104
Gallon
2010
I Square
Bale of
Hay, Large
C. All livestock (except livestock and poultry kept primarily for subsistence
purposes), fish, bees, birds, furbearing animals, other animals produced or used
for commercial purposes, other farm products, and supplies, now owned or
hereafter acquired by Defendant Jennifer Digman, together with all increases,
replacements, substitutions, and additions thereto, including but not limited to
the following:
QTY
ITEM NO.
1
2
2
35
3
14
4
103
5
55
6
1
7
35
DESCRIPTION
Dairy Cattle Other - April
Calves
Goats - KidsBucks
Goats Breeding Goats
- Bucks
Goats - Dairy NY Does
Goats - Dairy Doelings
Livestock Other - Llama
Poultry ChickenLayers
2
BREED
Jersey
COLOR
Case: 3:14-cv-00010-wmc Document #: 1-9 Filed: 01/07/14 Page 1 of 7
'fbfs form is available
Form Apptoved • OMS No, 0560-0238
MI8tlu PubJlo BurdenStatements.
(S~ P:Jtle 7 forptfv:aev
electtontcaHy,
1
U.S. DEPARTMENT OF AGRlCUL.TURSPQsUIOn
Farm ServJce Agency
FSA-2028
(09-03 .•10)
SECURITY AGREEMENT
1. TIllS SECURITY AGllEEMENT, dated (a)
JamlRtY 1,201Jt
is made between tho United States
of Anteri all of which, together with the associated rear estate) al'e more palticulady described as follows:
Inilia''!-Date:$UL
Exhibit H
Case: 3:14-cv-00010-wmc
Document #: 1-9
FSA-202B (09.03.10)
Filed: 01/07/14
Page 5 of 7
Page 5 of
7
(e) All accounts, deposit aCCoU1~tSJ
goods, supplies, inventory, supporting obligations, investment property, certificates of title,
payme~t intangibles, and general intangibles, including but not limited to the following:
Dairy assignment
3. DEBTOR 'VARRANTS, COVENANTS, AND AGREES THAT:
(a) Debtor is the absolute and exclusive owne~'of the above-described collateral, and any marks or brands used to describe
livestock are the holding brands and carry the title, alth011ghthe livestock may have other marks 01' brands, and such collateral
is free from aU liens, encumbrances, security and other interests except (1) any existing liens, encumbrances, security or other
interests in favor of Secured Party which shall remain in full force and effect; (2) any applicable landlord's statutory liens; and
(3) other liens, encumbrances, security or other intel'ests previously disclosed to Secured Patty in the loan application, farm
operating plan 01' other loan documents, Debtor will defend the collateral against the claims and demands of all olller persons.
(b) Statements contained ill Debtor's loan application and related loan documents are true and correct and that Debtor's name, as
stated in the loan application and in this Security Agreement, is Debtor's complete legal name; and Debtor will (1) use the loan
funds for the purposes for which they were or are advanced; (2) comply. with such faml operating plans as may be agreed upon
from time to time by Debtor and Secured Party; (3) care for and maintain collateral in a good and husbandlike mmmer; (4)
insure the collateral in such amounts and manner as may be required by Secured Party, and if Debtor fails to do so, Secured
Party, at its option, may procure such insurance; (5) pennit Secured Palty to inspect the collateral at allYreasonable time; (6)
not abandon the collateral or encumber, conceal, remove, sell or otherwise dispose of it or of any interest in the collateral, or
permit others to do so, without the prior written consent of Secured Party; (7) not permit the coHateral to be levied upon,
injured or destroyed, or its value to be impaired, except by using harvested crops in amounts necessary to care for livestock
covered by this Security Agreement; and (8) maintain accurate records of the collateral, furnish Secured Party any requested
information related to the collateral and allow Secured Party to inspect and copy all records relating to the collateral.
(c) Debtor will pay promptly when due all (1) indebtedness evide.nced by the Note and any indebtedness to Secured Party secured
by this Security Agreement; (2) rents, taxes, insurance premiums, levies, assessments, liens, and other encumbrances, and
costs of lien searches and maintenance and other charges now or later attaching to, levied on, or otherwise peliaining to the
collateral or this security interest; (3) filing or recording fees for instruments necessary to perfect, continue, service, or
temlinate this security interest; and (4) fees and other charges now or later required by regulations of the Secured Party.
(d) Secured Party is authorized to file financing statements describing the collateral, to file amendments to the financing statements
and to file continuaUon statements.'
.
(e) Debtor wiII immediately notify Secilred Party of allY material change in the collateral or in the collateral's location; change in
Debtor's name, address, or location; change in any warranty or represehtation in this Security Agreement; change that may
affect this security interest or its perfection; and any event of default.
j
(0 Secured Patty may at any time pay any other amounts required in this instrument to be paid by Debtor and not paid when due,
including any costs and expenses for the preservation or protection of the collateral or this security interest) as advances for
the account of Debtor. All such advances shall bear interest at the rate borne by the Note which has the highest interest rate.
(g) All advances by Secured Palty as described ill this SecUl'ity Agreement, with interest, shall be immediately due and payable by
Debtor to Secured Party without demand and shall be secured by this Security Agreement: No such advance by Secured Party
shalll'clieve Debtor from breach of the covenant to pay, Any payment made by Debtor may be applied on the Note or any
indebtedness to Secured Party secured hereby. in any order Secured Pm1y determines,
(h) In order to secure 01' better secure the above-mentioned obligations or indebtedness, Debtor agrees to execute any further
documents, including additional security instruments on such real and personal property as Secured Party may require and to
_ take 'any further, actio.ns reasonably requested by Secured Palty to.evidenc.e .0.1' p~rfe~tJb~ sepurity int~r~~tgr.?nted h~rein 01: !o_
effec.tu
\e rights granted to S ured Party herein.
'
. .
lniUal ~
Date
Exhibit H
Case: 3:14-cv-00010-wmc Document #: 1-9 Filed: 01/07/14 Page 7 of 7
FSA-2028 (09.03~10)
Page 7 of 7
(i) The rights and privileges of Secured Party under this Security Agreement shall accrue to the benefit of its successors and
assigns. All covenants, warranties, representations, and agreements of Debtor contained in this Security Agreement are.
joint and several and shall bind personal repr~sentatives, Iteirs, successors, and assigns.
U) If at any time it shall appear to Secured Party that Debtor may be able to obtain a loan from other credit sources, at
reasonable rates and terms for loans for similar purposes and periods of time, Debtor will, upon Secured Party's request,
apply for and accept such loall in sufficient aOmount to pay the Note and aliy indebtedness secured by this Security
Agreement. Debtor will be responsible for any application fees or purchase of stock in connection with such loan. The
provisions of this paragraph do not apply if the Note secured by this Security Agreement is for a Conservation Loan.
(k) Failure of the Secured Patty to exercise any right, whethet. once or often, shall not be constnted as a waiver of any
covemmt or condition or of the breach of such covenant or condition. Such failure shall also not affect the exercise of
stich right without notice upon any subsequent breach of tile same or any other covenant or condition.
(I) SECURED PARTY HAS INFORMED DEBTOR THAT DISPOSAL OF PROPERTY COVERED BY TillS
SECURITY AGREEMENT \VITHOUT THE CONSENT OF SECURED PARTY, OR MAKING ANY FAI~E
STATEMENT IN THIS SECURITY AGREEMENT OR ANY OTHER LOAN DOCUMENT, MAY
CONSTITUTE A VIOLATION OF FEDERAL C~Ul\1INAL LA\V.
5. CERTIFICATION
I certify /flat 'lte Informal/ol' provided Is trlle, complete (l1U/ correct to tile best of mJ' knowledge alUl is provided lit good
firltll. (H'amiJlg: Sec/iol11 001 of Title 18, U/lited Sta/es Code) prol'/des for crimi/Uti pelUlll/es to t!lose wlto provitle false
statements. If allY i °iforl11alloll /s /OIllU/ to be false or iltcoll1p/ete, Sll~1JilUlillg may be groullds for dell/a! of t".~ requested
j
(lctiOIl,)
6B.(Dal')~
(Date)
NOTE:
_
The following statement Is made In accordance with th8 Privacy Act of 1974 (5 U.S.C. 5528 - as amended). The authority for
requestfng fhe information iqentified on this form Is 1118
Consolidated Farm and Rural Developl1,umt Act, as amended (7 U.S.C.
1921 at. seq.). The fnformatlon will be used to defem1ine eligIbility and feasibility for Idans end loan glJarantees, and seNlclng
of loans amI loan guarantees. The fnfom,atlon collected on thIs form may be disclosed 10 othar Federal, Siefe, and local
government agencies. Tribal agencIes, and nongovernmenfal entilfas fhat have been authorized access to the Information by
sfafute or regulatlon and/or as described In the sppllcab/e Routlne Uses [dentmad In the System of Records Notice for
USDA/FSA-14, Applicant/Borrower. Providing the requested Information Is voluntary. However, failure to furnish tho requested
informatfon may result In a denial (or loans and loan guarantees, and s8N/clng of loans and loan guarantees. The provisions of
crimfnal and civil fraud, pn'vaoy, and other statutes may be applicable to the fnfonnatlon provided.
According to the Paperwork Reduction Act of 1995, an agency may not conduot or sponsor, and 8 person is not requIred to
respond to, 8 col/ectlon of Information unless It displays 8 valid OMB control number.' The valid OMB control number for this
InfonnaUon collection Is 0560.0238. The time required to complete this InformaUon col/eclion Is estimated to average 20
minutes per response, Including the Ume for revlawing Instructions, searching exlsflng data sou~s, gathering and maintaining
the data needod, and completlngoand reviewing the col/ecfron of information. RETURN THIS COMPLETED FORM TO YOUR
COUNTY FSA OFFICE:.
The U.S. Department of AgricuHur9 (USDA) prohibits dlscn'mfnation In all of lfs prog/sms and aclfvil/e$ OIl (he basfs of race, color, natronalor/gin, age, disability, and
where applicable, sex, marital status, familIal status, parental sla/us, rellglon, sexual anen/allon, polilfeal beliefs, genelic InfonnatJon, reprisal, or because all or parl of an
indivIdual's Income is detfved from any public assistanC9 program. (Not af' prohibited bases apply to alf programs.) Persons with disabilitIes who require allernallviJ means
for communlca({on of pr09ram In(ormatfon (Brall/e, large print. audlotspe, etc.) should conlact USDA's TARGET Center at (202) 720.2600 (voIce and TOO).
To file a comp/alnt of discrlmTnatTon, write to USDA, Assistant Secretary (or Civil Rights, Office of lheoAssistant Secretary (or eM' Rights, 1400 lnclependence Avenue,
S.vv., Stop 9410, Washington, DC 20250.g410, or call [olJ.fr8e at (866) 832.9992 (English) or (800) 877.8339 (TDD) or (866) 377.8642 (£ngli'sh Federal.refay) or (800) 84S.
6138 (Spanish Federa/.retay). USDA is an equal opportunity provIder and employer.
ExhibitH
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