HomeMy WebLinkAbout893443,, RECEIVED
~'II'ICOLI'I COL~!'1]'Y cLERK
772
IN THE COUNTY COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
LarrY Schrieber & Assoc. ,
dba.,Royal Resort, P.O.Box
3250, Alppine, Wyo. 83128,
Plaintiff,
VS.
MerYl N. 'Pierce,
Defendant
Case No.'
PRECIPE FOR EXECUTION
PRECIPE FOR EXECUTION
TO THE CLERK OF SAID COURT:
You will please issue execution in above-entitled case, on
behalf of the Plaintiff, Larry Schreiber & Assoc. dba. Royal
Resort P.O.Box 3250 Alpine Wyo.83128 directed to the Sheriff of
Lincoln County:
1. Ail Bank accounts in the name of the defendant.
a. Banks and amounts unknown to the Plaintiff
773
3. Any equity in the following;
a. Real Property at 285 Sawmill Road Alpine Wyo. 83128
b. 2002 Naushua Manufactured Home.
i. County Appraisal is listed at $109,000.00
ii. Lien Holder Major Mortgage of Cheyenne Wyo.
Current Mortgage as of Jan 2002 was registered
as $67,000.00.
iii. Leaves equity in the Real Property alone at.
approximately $42,000.00.
Plaintiff would request that the above items be garnished and or
seized and made returnable according to law.
This execution to be based upon judgment by the Plaintiff
Larry Schreiber and Assoc. dba. Royal Resort P.O.Box 3250 Alpine
Wyo. 83128. herein this court on the 20th day of February, 2002
Dated this 1st day of April, 2002
Plaintiff
~PR-25-2002 THU
12:01 PM LINCOLN!COUNTY!COURT FflX NO, 307 877 4936
'774
P, 02
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR TItE COUNTY OF LINCOLN, STATE OF WYOMING
SCHREIBER & ASSOC.
dba ROYAL RESORT
PLAINTIFF,
VS.
MEYRL P-ER~oE
DEFENDANT,
ORDER
On February 20, 2002, a Judgment was entered against the Defendant, in the total amount of
$890.00, after a Small Claims hearing at which both parties were present and presented testimony
and evidence. On April 1,2002, the PIaintifffiled a Precipe for Execution requesting that this Court
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 appraisa! 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
Linc°in'C0unty'SheriWs Office on April 18, 2002, with the Sheriff's return on said Writ indicating
that the Deputy had seized the real estate belonging to the Defendant locatedat 268 Sawmill Road,
Alpine, WY. On April 22, 2002, the Defendant filed with the Court a Notice of Right to Object and
Claim Exemptions. The Defendant attached to said notice a copy of a Quit Claim Deed which
indicated that the Defendant had quit claimed said property to a person by the name of Abe
Englemd~ un April 19, 2002. Said Quit Ulaim Deed also appeared to be, recorded in the Lincoln
~rounty Clerk's ()ffice on April 22, 2002. Pursuant to §I-17-102(a)W.S. 1997, this matter was set
foi- a hearing within I0 days of filing of the Defendant's request and was set specifically for hearing
on April 24, 2002, at 1:30 p.m., in the Circuit Courtrootn, in Afton, WY. Both the Plaintiff and the
Defendant appeared for said hearing.
At the commencement of the Exemption Hearing, the Com-t inqu:ired of the Defendant as to
why she was claiming that the real estate seized was exemPt from execution. The Defendant
indicated that her claim of exemption Was that she no longer owned the property in light of the quit
claiming ctf be.r intea'est to Abe-Englander. Upon questioning-f:-u:n the Court, the Defeudant -
indicated that Mr. Englander was her father and that he had paid her nC~thine, ~ .... h .... c~- t___
PR-26-200
12:02 PR LINOOLN!OOUNTY!OOURT FflX NO. 30'? 877 4936 P,
775
appraised by an independent appraiser when she recently purchased said property. The Defendant
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 Cour! informed 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 property by Way of the Quit Claim Deed to her father, the day after the property was seized
by execution, was a fraudulent conveyance in violation of §34-14-1011 (W.S. 1957). Pursuant to
§34~14-110(a) (W.S. 1957), the Court ruled that said conveyance xvould be disregarded and that the
execution of said property could proceed.
The Court advised both parties that should this property 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 mount 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 exemption be and the same is hereby granted in the mount for $10,000.00, pursuant
to §1-20-I01 (W.S. 1983), as set forth and explained above.
DONE IN OPEN COURT on the 24'" day of April, 2002, and signed this 25'" day of April,
2002.
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