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, '·"d ~ L" IN TIrE CIRCUIT CÒURT OF THE THIRD JUDICIAL DISTRICT
;;'(' JNrANIl FOWTHE' COUNTY 'OF trNé'(jt'N;'sfÀ t'É''dìfw~ai1mtf'·,.'f'!'-; ,'?
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, SCHREJBER &:ASSO<D:
dba ROYAL RESORT
PLAINTIFF,
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RECEIVED 6/20/2006 at 11 :03 AM
RECEIVING # 919485
BOOK: 623 PAGE: 768
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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VS.
MEYRL PIERCE
DEFENDANT,
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SCA-0201-0017
BY
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: :::" i".on: Feb¡;uary 20;: i2002,'ffJiidg-ri1ieíif 'Was èntë¡'éaagaihši'ih~\ Dèféh(ì~ùW,' Ül"lh~ i6tai ~l~~t~t of
$890.00, after: a Small 'Claims h'eáriüg' at' which both 'pårtiesw~r~p¡'hel~ta'l;~-ï p;i~~~rit~d't~~'timony
and evidence. On April 1, 2002, the Plaintiff filed a Precipe for EXecution requesting that this Comi
issue a Writ of Execution upon the Defendant's bank accounts, a speCific 'vehicle, and her home.
The Precipe indicated that the Defendant"s'home had a County appraisal of$109,000.00, and a debt
of $67,000.00, leaving a resulting equity of $42,000.00. The Writ was served by a Deputy of the
Lincoln County Sheriffs Office on April 18, 2002, with the Sheriffs return on said Writ indicating
that the Deputy had seized the real estate beloi1ging to the Defendant located at 268 Sawmill Road,
Alpine, WY. On April 22, 2002, the Defendant filed with the Court aNoticé' of Right to Object and
Claim Exemptions. The Defendant attached to said notice a copy of a Quit Claim Deed which
i~1di~ated that the Defendanthadqu,Ìtclairrted said þro'peíty'to' a' pérsOiiby' the 'rïåiÎleo[ Abe '
Englande;r.'Ûlr~prill Q;aOQ2,:.Said'QtiìfClaìÚî'Déed'als'ü\¡,ppeared'tüBêii-éêördtliri ihg:Liricoln" -
County Clerk's Office on April 22, 2002. Pursuant to §1-17-102(a)W.S. 1997, this matter was set
for a hearing within 10 days of filing of the Dêfendànt's request and was set specifically for hearing
on April 24, 2002, at 1:30 p:m., in the Circuit Courtroom, in Afton, WY. Both the Plaintiff and the
Defendant appeared for said hearing.
At the commencement of the Exemption Hearing, the Court inquired of the Defendant as to
why she was claiming that the real estate seized was exempt froni execution. The Defendant
indicåted that her claim of exemption was that she no longer owned the property in light of the quit
claiming of her interest to Abe Englander. Upon questioning from the Court, the Defendant
indicated that Mr. Englander was her father and that he had paid her nothing in exchange for her
quit claiming of said property to him, but that he would pay her in the future. The Defendant also
admitted that her tàther,the grantee in the deed, did not know that she had deeded the property to
him.
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The De,fe,ndant ·indicätetl thàt's1ie:disputed that'tf1è pí-opetty wàs"wºrth't)1~ ,$ J ,ðQ, 000.00 as
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appraised by tinêdln CÖlÚ1ty.' 'The'Deferí.dantasselied that the property's value was $100,000.00 as
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0919485
C00769
appraised by an independent appraiser when she recently purchased said property. The Defendant
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admitted there was a mortgage against in the approximate sum of $67,000.00. Accordingly, the
Defendant agreed that she had an equity in said property of at least $33,000.00.
The Court informecf the Defendant that she was entitled to a homestead exemption of
$10,000.00 pursuant to §1-20-101 (W.S. 1983). The Court also ruled that the attempted conveyance
of said propeliy by way of the Quit è1aim Deed to her father, the day after the property was seized
by execution, was a fraudulent conveyance in violation of §34-14-108 (W.S. 1957). Pursuant to
§34-14-11 O(a) (W.S. 1957), the Court ruled that said conveyance would be disregarded and that the
execution of said property could proceed.
The Court advised both parties that should this propeliy ultimately be sold to satisfy this
judgment, the proceeds of said sale would first be applied to satisfy the mortgage, in the
approximate amount of$67,000.00. Secondly, the Defendant would be entitled to her $10,000.00
homestead exemption. Any proceeds above said amount would then be applied to satisfy this
judgment. After satisfaction of judgment, the Defendant would be entitled to any remaining
proceeds.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that the Defendant's
request for an exempti'on be and the same is hereby granted in the amount for $10,000.00, pursuant
to § 1-20-101 (W.S. 1983), as set forth and explained above.
DONE IN OPEN COURT on the 241h day of April, 2002, and signed this 25th day of April,
2002.
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