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HomeMy WebLinkAbout929647 000137 IN THE DISTRICT COURT IN AND FOR LINCOLN COUNTY, WYOMING THIRD JUDICAL DISTRICT WANDA K. WILLIAMS, ) ) Plaintiff, ) ) vs, ) Civil Action No. 2007-105-DC ) ROBERT A. SWEET, ) ) ) Defendant, ) ) NOTICE OF LIS PENDENS Wanda K. Williams hereby provides the following Notice of Lis Pendens: a. Attached hereto is a certified copy of a Complaint filed with the clerk of the District Court in and for Lincoln County, Wyoming, Third Judicial District; The names of the parties are Wanda K. Williams, Plaintiff and Robert A. Sweet, Defendant. The object of the action is to ensure the Plaintiff receives a fair division of the proceeds resulting from the sale of said property. The ownership of the property is in dispute; A description of the property is as follows: Lot No. M - 12, Meadow Ridge in Ridge Estates, Lincoln County, Wyoming, 83128, also known as 34 Meadow Ridge Road, Alpine, Wyoming, 83128, b. c. sr Dated this ¿) J day of May, 2007. d J. Mulligan At y for Wanda K W' Iiams p, O. Box 1066 Jackson, WY 83001 307 -733-5961 307 -733-584 7 - fax RECEIVED 5/23/2007 at 3:08 PM RECEIVING # 929647 BOOK: 659 PAGE: 137 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Williams v. Sweet NOTICE OF LIS PENDENCE Page 1 of 1 O~29647 IN THE DISTRICT COURT IN AND FOR LINCOLN COUNTY, WYOMING 000131 - TmRD JUDICAL DISTRICT ROBERT A. SWEET, ~ (J 1 - I~ r -I::. e-, "'\!~b\ '\:~,\ '~)···.'I \'.' l"'~ ~~,í (~." . '1. ~'I: , WANDA K, WILLIAMS, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Complaint -" vs. Civil Action No. Defendant, COMES NOW, Plaintiff Wanda K. Williams, by and through her attomey, Richard J, Mulligan, and by way of her Complaint against Defendant Robert A. Sweet, states as follows: FACTS COMMON TO EACH CAUSE OF ACTION 1, Plaintiff is a resident of Lincoln County, Wyoming. 2. Defendant is a resident of Lincoln County, Wyoming. 3, Plaintiff and Defendant entered into a contract on or about February 21, 2006 for the purchase of land located in Lincoln County, Wyoming, Said property is described as Lot #M-12, Meadow Ridge in Ridge Estates, Lincoln County, Wyoming, 83128 and also known as 34 Meadow Ridge Road, Alpine, Wyoming, 83128, 4. Plaintiff and Defendant agreed to purchase the above mentioned lot for $72,000.00 with the tenns for purchase being $10,000.00 down with the balance of $62,000.00 to be financed, 5, Plaintiff and Defendant had entered into an oral agreement wherein they agreed to purchase the property located at 34 Ridge Road, Alpine, Wyoming and to build a "spec" home for sale on the lot, The parties further agreed to divide the profit realized from the sale equally between them after each was reimbursed for out-of- pocket expenses, 6. Plaintiff and Defendant to attempted to procure financing through Jackson Hole Mortgage Company with Indy Mac Banle Plaintiff and Defendant were infonned that due to Plaintiffs poor credit rating that an application solely in Defendant's name, rather than a joint application, would result in a better interest rate. Williams v. Sweet COMPLAINT Page 1 of4 O~296(r~) 0001;39 Defendant then made application for the mortgage and fmancing was approved in the approximate amount of $302,000.00. 7, On the 31st day of May, 2006 a warranty deed was executed by the sellers of the property, to Robert A, Sweet, an unmarried person, and Wanda K. Williams, an unmarried person. The warranty deed was recorded with the Lincoln County Clerk, Kemmerer, Wyoming on June 27,2006. Attached hereto is a copy of the warranty deed as Exhibit "A", 8, Shortly thereafter, Plaintiff was infonned by Defendant that it would be necessary for Plaintiff to execute a quitclaim deed conveying her interest to him due to the fact that the mortgage was approved solely in the name of Defendant and it was necessaIy to have the lot titled in Defendant's name alone, 9. Wanda K, Williams executed a quitclaim deed conveying her interest to Robert A. Sweep on June 21,2006. The quitclaim deed was filed on June 22, 2006, A copy of the quitclaim deed is attached hereto as Exhibit "B", 10. At the time of the execution of the quitclaim deed, Plaintiff was infonned by Defendant that they would continue with their original agreement and that they would benefit equally in the net profit when the house was sold. 11. Pursuant to their agreement, Plaintiff worked on the "spec" home and invested her personal funds toward the construction of the home. 12, Pursuant to the agreement, Defendant continued to work on the home and invest his personal funds toward the construction of the "spec" home. 13. The Plaintiff and Defendant made application for a residential use pennit on June 28,2006 which was issued in both the Plaintiff and Defendant's name. Plaintiff and Defendant made additional applications for various pennits and submitted the appropriate documentation in support of their application. The pennits were issued to both Plaintiff and Defendant. 14. Thereafter, Plaintiff and Defendant signed a listing agreement with Sotheby's International Reality, located at 185 W. Broadway, Jackson, Wyoming, 83001 listing the property and "spec" house for sale. 15, Thereafter, the Plaintiff and Defendant accepted an offer from purchasers who failed to qualify. Shortly thereafter, a second offer at full price was accepted by both Plaintiff and Defendant to Williams v. Sweet COMPLAINT Page 2 of 4 û~296êl:7 000140 sell the property in the anlOunt of $439,000.00 with a scheduled closing date of May 30, 2007. 16. Subsequent to the acceptance of the offer to sell the property, Defendant ceased communicating with Plaintiff with the exception of threatening her and indicating to her that "if she were to get $7,000,00 as a result of sale of the property, she would be lucky" . FIRST CAUSE OF ACTION ANTICIPATORY BREACH OF CONTRACT 17. Plaintiff repeats each and every allegation contained in paragraphs 1 through paragraphs 16 of the Complaint. 18. Plaintiff and Defendant entered into an oral agreement wherein they agreed to purchase the property known as Lot M-12, Meadow Ridge in Ridge Estates, Lincoln County, Wyoming and to build upon said lot a speculation home for the purpose of resale. 19. Pursuant to their agreement, the parties were to contribute their time to the building of said home and agreed to share in the net proceeds upon the sale of the property after each party was reimbursed for their out-of-pocket expenditures. 20, Plaintiff has been infonned that Defendant does not intend on complying with the parties' agreement, Defendant has indicated to Plaintiff that she will not share equally in the proceeds or profit resulting from the sale of the home, and totally repudiated said contract. 21, Since Defendant no longer needs Plaintiffs signature on the deed to the property, Plaintiff anticipates that Defendant will not pay to her the funds to which she is entitled. 22. Plaintiff has perfonned all the conditions of the parties' agreement and is entitled to share in the net proceeds. 23. Defendant has been or will be damaged by Defendant's breach of contract in an amount to be proven at the time of trial, SECOND CAUSE OF ACTION QUANTUM MERIT 24, Plaintiff repeats each and every allegation contained in paragraphs 1 through paragraph 23 contained in the Complaint. 25. Between February, 2006 up to and including the present time, Plaintiff perfonned certain work, labor, and services specific to making applications for building pennits, various other pennits, Williams v. Sweet COMPLAINT Page 3 of 4 O~2964? OOO~4~ purchasing building plans, and assisted in the construction of the home for purpose of resale. 26. The above mentioned work, labor, and services were perfonned and the materials were furnished pursuant to an expressed understanding and agreement between Plaintiff and Defendant that they share equally in any profit, less each parties' out-of-pocket contribution resulting from a sale of the home upon completion. 27. The total reasonable value of the work, labor and services perfonned by Plaintiff totals one half of the net profit resulting from the sale of the home. 28, Defendant has indicated to Plaintiff that he has no intention in sharing the profits equally with Plaintiff upon the sale of said home. WHEREFORE, Plaintiff requests: 1. Judgment against Defendant in an amount to be proven at the time of trial; 2. The costs of the suit; 3. Attorney's fees: 4. Such other and further relief as the Court deems just and proper, 'TH Dated this 15 day of May, 2007. :.'··~'I'~P\T[ or~ VVYC~(I_,,~:r "1 !. S~~3. C:CU¡\,TY OF U[\jCOt,['..:,t, ¡, !\enilüth D. c;:,;ci;;:hc Thin; Judicia! Distrk.:t Ce; county and in thc hereby certify ¡" true, and cm SIGNED .. Williams v. Sweet COMPLAINT Page 4 of 4