STATE OF WISCONSIN vs. WAYNE HENSLER

Jefferson County Case Number 2005CX000001

Court Record Events

Date
Event
Court Official
Court Reporter
1
04-29-2014
Partial satisfaction
Additional Text:
Rcvd. from WI DOJ via intercept of debtor's WI Taxes.

2
05-14-2013
Partial satisfaction
Additional Text:
Rcvd. from WI DOJ via intercept of debtor's WI Taxes.

3
12-06-2011
Partial satisfaction
Additional Text:
Rcvd. from WI DOJ from monies they collected from debtor.

4
05-20-2010
Partial satisfaction
Additional Text:
Rcvd. from WI DOJ via intercept of debtor's WI Taxes.

5
03-22-2010
Order
Erwin, Jacqueline R.
Additional Text:
Based on good cause shown, the Dismissal Order dated 3/15/10 is hereby vacated.

6
03-19-2010
Memorandum
Additional Text:
State of Wisconsin's Memorandum showing good cause why this case in which judgment has been entered should not be dismissed, submitted by AAG Kloppenburg

7
03-19-2010
Letters/correspondence
Additional Text:
from AAG Kloppenburg, advising the Court that the State withdraws its post-judgment Motion for Modifcation and Amendment of Judgment.

8
03-15-2010
Order for dismissal
Erwin, Jacqueline R.
Additional Text:
for Dismissal twenty days after the date of the Order unless good cause is shown within the twenty days why this order should not take effect.

9
01-25-2010
Motion hearing
Erwin, Jacqueline R.
Thies, Deidre
Additional Text:
case called at 1:35pm. AAG Joanne Kloppenburg appears for the State of Wisconsin. Defendant Wayne Hensler does not appear. Attorney Kloppenberg reports that she had a telephone conversation with Mr. Hensler's granddaughter, Jolene Eggert [Ciha], on Friday [1/22/10] and Ms. Eggert indicated that Mr. Hensler would likely not appear today. AAG Kloppenberg indicates that notice of today's hearing was mailed to Mr. Hensler at his Waterloo Road, Waterloo address and that mailing was not returned by the postal service as un-delivered. After AAG Kloppenberg informs the Court that Mr. Hensler transferred the Deed on this property to four of his family membersh, Jolene Ciha, Frederick Schwartz, Nicholas Schwartz, and Stewart Schwartz , the Court adjourns so that the State can give proper notice. recess 1:48pm.

10
10-19-2009
Affidavit
Additional Text:
Of Deborah Thornton with Exhibits A-C

11
10-19-2009
Affidavit
Additional Text:
Sixth Affidavit Of Patricia Cicero with Exhibits A-E

12
10-19-2009
Notice of motion, motion
Additional Text:
For Modification And Amendment Of Judgment 1/25/09 @ 1:30pm with Exhibits A-G (Plaintiff by AAG Kloppenburg)

13
09-10-2009
Judicial transfer
Erwin, Jacqueline R.

14
04-21-2009
Partial satisfaction
Additional Text:
Rcvd. from WI DOJ via intercept of debtor's WI Taxes.

15
02-24-2009
Order
Ullsvik, John M.
Additional Text:
Amended Order To enforce Third Contempt Order Imposing Remedial Sanctions

16
02-20-2009
Status conference
Ullsvik, John M.
Immekus-Dorn, Julane
Additional Text:
case called at 2:55pm AAG Joanne Kloppenburg appears for the State. Defendant Wayne Hensler appears. The Court reviews case history and status. AAG Kloppenburg confirms that Mr. Hensler has not yet paid the $5000 purge-amount that was due on 8/31/08. AAG Kloppenburg discusses how the contempt sanction- jail term that was to commence on 9/24/08 has not been served by Mr. Hensler due to his having a heart-surgery and rehabilitation. In response to the Court's inquiry, AAG Kloppenburg indicates that she has not yet drafted the easement documents; she explains that she has focused on getting the re-seeding money (the $5000 purge amount), so that the replanting can be accomplished. Mr. Hensler makes a statement indicating that he will not pay the $5000 purge amount. The Court grants the State authority to garnish $5000 from Mr. Hensler's bank accounts. The Court imposes the 5 day jail contempt-sanction jail term forthwith; there are no Huber privileges given. The Court instructs the Sheriff, through Deputy P. Schultz who is present, to not allow Mr. Hensler to call any bank during his incarceration. recess 3:42pm-Mr. Hensler is taken into the custody of the Jefferson County Sheriffs Department. NEXT: Attorney Kloppenburg is to submit a proposed order, to be submitted by facsimile

17
02-03-2009
Notice of hearing
Additional Text:
Status conference on February 20, 2009 at 03:00 pm.

18
01-30-2009
Notice of hearing
Additional Text:
Status conference on February 13, 2009 at 01:00 pm.

19
09-24-2008
Notice of hearing
Additional Text:
Status conference on February 4, 2009 at 01:00 pm.

20
09-15-2008
Order
Ullsvik, John M.
Additional Text:
To Enforce Third Contempt Order Imposing Remedial Sanctions

21
09-12-2008
Affidavit
Additional Text:
Of Deborah Thornton

22
08-01-2008
Contempt order
Ullsvik, John M.
Additional Text:
Third

23
07-29-2008
Motion hearing
Ullsvik, John M.
Immekus-Dorn, Julane
Additional Text:
On State's Motion to find Mr. Hensler in contempt (seeking enforcement of the underlying order dated 7/6/05), and for remedial sanctions: case called at 10:05am AAG Joanne Kloppenburg appears for the State, along with Patricia Cicero from the Jefferson County Land & Water Conservation Office. Defendant Wayne Hensler appears. The Court reviews case history and status. Court and the parties discuss case status. The Court finds that Mr. Hensler has failed to comply with the Court's order of 7/6/05 which required him to plant permanent vegetative cover such as native grass in the subject seven acres of his land; the Court finds that his non-compliance was willful. Therefore, the Court finds Mr. Hensler in Contempt. The Court sanctions Mr. Hensler by ordering 5 days in Jail without Huber privileges, and by granting the State an easement, which will run with the land, allowing the State the right to maintain these acres in native grasses or other lawful vegetation to prevent run-off into Rock Lake and to protect that area from violation of this easement. AAG Kloppenburg is to draft the easement in recordable-form if the purge is not met. The Court allows that Mr. Hensler can purge this contempt by paying the State of Wisconsin $5000 by 8/31/08, so that the State can work the subject land and replant it in vegetation. recess 11:15am. NEXT: Attorney Kloppenburg is to submit a proposed order; there is no need for the order to be submitted on an objection-basis

24
07-22-2008
Affidavit
Additional Text:
Fifth Affidavit Of Patricia Cicero

25
06-17-2008
Notice of hearing
Additional Text:
Motion hearing on July 29, 2008 at 10:00 am.

26
06-03-2008
Affidavit
Additional Text:
Of John Jorgensen

27
06-03-2008
Affidavit
Additional Text:
Fourth Affidavit Of Patrica Cicero with Exhibits A-B

28
04-29-2008
Certificate of service
Amount
$ 0.00
Additional Text:
on Wayne Hensler 4/22/08 (Motion for Contempt)

29
04-21-2008
Notice of motion, motion
Additional Text:
For Remedial Sanctions For Contempt Of Court with Exhibits A-E 6/13/08 @ 3:00pm (Atty Gen Van Hollen and Asst Atty Gen Kloppenburg)

30
08-17-2007
Partial satisfaction
Additional Text:
Rcvd from WI DOJ via garnishment of debtor in case 07CV385.

31
08-07-2007
Partial satisfaction
Additional Text:
Verified through email that the State of WI garnished Mr. Hensler for this amnt. This is the full amnt due to the State of WI as part of this judgment. tg

32
05-30-2007
Contempt order
Ullsvik, John M.
Additional Text:
Second

33
05-22-2007
Motion hearing
Ullsvik, John M.
Immekus-Dorn, Julane
Additional Text:
Clerk - CRHI; Case called at 3:04pm. Appearances: Assistant Attorney General Joanne Kloppenburg for the State. Defendant - Wayne Hensler appears in person w/o counsel. Court reviews case history, status & filings. Defendant acknowledges that he ripped the land that was seeded by the DNR & that he planted corn there this year. Further, he explains that he didn't understand that he couldn't farm the land after last year so long as nothing runs off into the lake. Statement as to case status & history presented by AAG Kloppenburg. Additional statements presented by Mr. Hensler. Mr. Hensler does not agree to pay the $2500 to re-seed the land - noting that the area is planted with corn & that the weed spray used wouldn't allow that area to grow the proposed prairie seed anyway. Additional information provided by AAG Kloppenburg. State's position is that the area can be re-seeded regardless of the corn crop there currently. Def. requests an adjournment to obtain an attorney. Court denies the request; presents basis. Court reviews the Defendant's rights regarding appeal and relief. - The Court finds that the Def. willfully but mistakenly plowed the land that was Court ordered to be perm. seeded for prairie vegitation. - The Court finds the Defendant to be in contempt of the judgment in this case; presents basis. - The Defendant is allowed to purge the contempt by paying $2500 for re-seeding within 30 days - payable to the office of AAG Kloppenburg. A sanction is stayed for 30 days. Failure to purge the contempt will result in a sanction of a $2500 forfeiture (which could become a lien against the land &/or other collection effort may be taken by the State.) - The State may take actions to re-seed the land forthwith. - The Defendant is ordered to take no action or do anything to counteract the purpose of the judgment in this case. State to submit proposed Findings and Orders to the Court. State is directed to provide a copy of the signed order to Mr. Hensler.

34
05-08-2007
Certificate of service
Amount
$ 0.00
Additional Text:
on Wayne Hensler

35
04-27-2007
Affidavit
Additional Text:
Third Affidavit Of Patricia Cicero

36
04-27-2007
Notice of motion, motion
Additional Text:
For Remedial Sanctions For Contempt Of Court 5/22/07 @ 3:00 pm (Plaintiff)

37
04-23-2007
Judicial transfer
Ullsvik, John M.

38
04-22-2007
Affidavit
Additional Text:
Of John Jorgensen

39
07-03-2006
Transcript
Additional Text:
of proceedings on 5/26/06 (Motion Hearing)

40
06-01-2006
Transcript
Additional Text:
of proceedings on November 29, 2005 (Motion Hearing)

41
05-26-2006
Order
Koschnick, Randy
Thies, Deidre
Additional Text:
Modifying Contempt Order

42
05-26-2006
Motion hearing
Koschnick, Randy
Thies, Deidre
Additional Text:
Case called at 9:31am Mr Hensler appears in person. Assistant Attorney General Joanne F. Kloppenburg appears in person with DNR Agent Marty Ringquest. Court reviews the propesed Order with Mr Hensler. He states that he objects to the entire Order as it has already been ordered. The Court advises him of his Right to Appeal. Mr Hensler Objects to the Order--gives Argument Court finds factual alligations made by the State are proven to be true, and the facts are uncontested. Court grants the Motion to Modify the Contempt Order Court signs the Order to Modify Mr Hensler and Atty Kloppenburg servce a copy of the Order in Court Recess at 9:48am [Clerk:CRM]

43
05-22-2006
Affidavit
Additional Text:
Second Affidavit Of Patricia Cicero

44
05-22-2006
Notice of hearing
Additional Text:
On Motion For Modification Of Contempt Order

45
05-19-2006
Motion hearing
Koschnick, Randy
Thies, Deidre
Additional Text:
Case called - Atty Kloppenburg provides court with notice & confirmation that notice was delivered to Mr Hensler - Off record to discuss rescheduling motion hearing - Atty Kloppenburg will send out notice overnight, tonight for next hearing

46
05-18-2006
Affidavit
Additional Text:
Second Affidavit Of Patricai Cicero

47
05-16-2006
Affidavit
Additional Text:
Second Affidavit Of Patricia Cicero w/Exhibit A

48
05-16-2006
Notice of motion, motion
Additional Text:
For Modification Of Contempt Order 5/19/06 @ 8:30 AM (Plaintiff)

49
12-09-2005
Contempt order
Koschnick, Randy
Thies, Deidre

50
11-29-2005
Motion hearing
Koschnick, Randy
Thies, Deidre
Additional Text:
Case called - Appearances noted - Court advises defendant of his right to an Attorney - Agrument given by defendant - Response given by Atty Kloppenburg - Wayne Hensler sworn and testifies - Court finds the State has proven contempt by defendant - Atty Kloppenburg provides remedial sanctions to the court - Court finds them reasonable and fair - Court orders the remedial sanctions as proposed $2000.00 forfeiture, plus vosts, 30 days jail - Sanctions are stayed if defendant pays $1500.00 to the DNR by December 16, 2005 - Defendant shall allow the DNR to do seeding on the spring of 2006 (probably May) and agrees not to be present when the seeding is done - DNR will mark out the land before the end of this year and defendant will be advised by mail of the date - Further pruge condition is that defendant shall not plant anything on the land talked about today and shall not disturb what the DNR plants - Atty Kloppenburg to prepare an Order

51
11-04-2005
Affidavit
Additional Text:
Of Patricia Cicero

52
11-04-2005
Notice of motion, motion
Additional Text:
For Remedial Sanctions For Contempt Of Court 11/29/05 @ 3:00 PM

53
11-04-2005
Certificate of service
Amount
$ 0.00
Additional Text:
on Wayne A Hensler 10/31/05

54
10-28-2005
Affidavit
Additional Text:
Of John Jorgensen

55
10-28-2005
Affidavit
Additional Text:
Of Patricia Cicero

56
10-28-2005
Notice of motion, motion
Additional Text:
For Remedial Sanctions For Contempt Of Court (Plaintiff)

57
07-26-2005
Transcript
Additional Text:
of proceedings on 6/28/05 (Motion Hearing/Default Judgment)

58
07-06-2005
Order for judgment
Koschnick, Randy
Additional Text:
$27,320.50 Amount of Judgment is payable @ $24,409 to the Jefferson County Clerk of Court, and @ $2,991.50 to the State of Wisconsin

59
06-28-2005
Dispositional order/judgment
Koschnick, Randy

60
06-28-2005
Hearing
Koschnick, Randy
Thies, Deidre
Additional Text:
Case called - Arguments in support and opposition - Court grants Motion for Default Judgment - Court imposes forfeiture for non-compliance for the 180 which have already passed and costs for totals of $27,320.50 - Court orders Injunction which requires compliance by 10/15/05 - AAG Kloppenburg to submit proposed order within 10 days

61
06-14-2005
Affidavit
Additional Text:
Of Default And Non Military Service

62
06-14-2005
Motion
Additional Text:
For Default Judgment

63
06-14-2005
Notice
Additional Text:
Of Motion For Default Judgment 6/28/05 @ 9:00 AM

64
04-18-2005
Certificate of service
Amount
$ 0.00
Additional Text:
on Wayne A Hensler 4/12/05

65
04-05-2005
Summons and complaint