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IN THE DISTRICT COURT IN AND FOR LINCOLN COUNTY, WYOMING
THIRD JUDICIAL DISTRICT
COô780
NEAL ARGUELLO, )
)
Plaintiff )
)
vs. )
)
DEANNA BLANCHARD, )
)
Defendant. )
Civil Action No. C» .. ~ Dffð - JlR:} 1:t/
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BY (,
DEC - 9 ?OOß
KCNNETH D. ROBlœRTS
CLERK OF DISTRICT COURT
............ ""Tu...:'K.<MVPICIAL DISTRICT
COMPLAINT FOR RIGHT TO TITLE TO REAL ~dI~TY, STATE OF WYOMING
COMES NOW Plaintiff Neal Arguello, by and through his counsel of record, L.
Kimberly Weiss, and for his cause of action against the defendant, states and alleges as
follows:
1. Plaintiff Neal Arguello is now, and has at all relevant times herein been, a
resident of Lincoln County, State of Wyoming.
2. Defendant Deanna Blanchard was a resident of Lincoln County, State of
Wyoming from at least June 17, 2000 until 2007. Plaintiff is infonned and
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believes, and based thereon alleges that Defendant currently resides in Driggs,
Idaho.
3. Plaintiff and Defendant were married in Lincoln County, Wyoming on June
17, 2000 and were divorced in Lincoln County, Wyoming on or about
December 15, 2006, Blanchardv. Arguello, Civil Case No. CV-2006-105-DC
(the "Divorce Action").
4. During their marriage, Plaintiff and Defendant acquired a parcel of
undeveloped real property in Lincoln County, Wyoming (the "Real
Property"), specifically described as:
Lot 26, Shadow Dancer Estates, a subdivision (the "Subdivision") that is
part of the SE Y4 of Section 10 and the NE Y4 of Section 15, T36N R119W
Lincoln County, Wyoming, according to the official plat thereof that was
recorded on or about II August 2004 in the Office of the Clerk of Lincoln
County, Wyoming as plat number 173-C and instrument No 901862 together
RECEIVED 12/9/2008 at 4:44 PM
RECEIVING # 944084
BOOK: 710 PAGE: 780
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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will all improvements situated thereon and all fixtures and appurtenances
thereto.
5. The Real Property is held, and has at all relevant times been held, solely in
000781
Defendant's name.
6. As part of the Property Settlement Agreement agreed to by the parties, and
incorporated into the Decree of Divorce in the Divorce Action, the parties
agreed: "The parties have an equitable interest in a 3.42 acre lot (#26) in
Shadow Dancer Estates in Lincoln County, Wyoming which is to be sold and
the proceeds split equitably. Deanna Blanchard and Neal Arguello agree that
the proceeds from the sale of said lot shall first be used to satisfy a note
payable to Just Stone, Inc. via the sale of the above referenced property. The
amount of $145,500.00 plus 10% interest, totaling $160,050.00 will be paid to
Just Stone, Inc. upon closing the sale of the property, lot #26. Any additional
proceeds of sale will then be dispersed to Deanna Blanchard and Neal
Arguello for labor performed by them on personal time to complete the Kibbie
residence project."
7. Despite Defendant's obligation to sell the Real Property pursuant to the terms
of the Property Settlement Agreement, she has failed to do so.
8. Plaintiff has demanded that Defendant place the Real Property in his name, or
place him on title as owning one-half of the Real Property, if Defendant is
unable or unwilling to sell the Real Property as agreed in the Property
Settlement Agreement. Defendant has failed and refused to place Defendant
on title as owning any interest in the Real Property.
9. Defendant has permitted the loan secured by the Real Property to go into
default. The mortgage holder, Michael Kibbie and Carla S. Kibbie, have
noticed a foreclosure sale of the Real Property.
10. Plaintiff is entitled to title in an undivided one-half interest in the Real
Property by virtue of the Property Settlement Agreement given Defendant's
inability or unwillingness to sell the Real Property as provided for in the
Property Settlement Agreement.
WHEREFORE, Plaintiff prays as follows:
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a. That Plaintiff be placed on title as owning an Wldivided one-half
interest in the Real Property;
b. For attorneys' fees and costs incurred herein; and
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c. For such other and further relief as the Court deems just and proper.
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DATED this tj - day of December, 2008.
(?j.r -úk
. Kimberly WeIss, Bar No. 6-4223
Law Offices of L. Kimberly Weiss, APC
3415 N. Pines Way, Ste. 210
Wilson, WY 83014
Phone: (307) 734-8429
Fax: (888) 723-7170
STATE OF WYOMINGNJ 55.
COUNTY OF UNCOL
I, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresaid
county and in the State of foresaid, do
hereby certify the fcWD?,oing to be a full,
true;~~;~~~~~~J1.d$n· ;Wfrlcr
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