HomeMy WebLinkAbout895257 RECEIVED
LINCOLN COUNTY CLERK
IN THE DISTRICT COURT OF THE THIItD JUDICIAL DISTRICT
,I ANNE
IN AND Ii'OR THE COUNTY OF. LINCOLN, STATE 0¥ WY~I~ ~''; :' TM INt;
lACK MAVY, )
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Petitioner, )
· ')
V. )
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MICHAEL E. PETERSON, )
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Respondent. )
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"oo i541 5 8 t3
CIVIL NO. 11,342
ORDER STRIICING AND RELEASING CLAIM OF LI]gN
THIS MATTER comes before this Court upon the Petition of Petitioner Jack MaW, bY
and through his attorney, M. Kevin Voyles, of LUTHI & VOYLES, LLC, filed pursuant to
Wyoming Statutes § 29-1-311. In said Petition, Petitioner has requested an order striking and
releasing a Claim of Lien that has been filed by RespOndent Michael E. Peterson in the Office of.,
the Lincoln County Clerk in Kemmerer, Wyoming. The Court has reviewed the file herein,
which includes the Petition, Petitioner's Affidavit submitted therewith, and the Summons served
upon Respondent and the Sheriff's Return showing that Respondent was timely served and
received notice of the hearing on this matter. The Court has heard testimony at the hearing held
on the 13th day of December, 2003, beginning at 1:30 p.m., pursuant to the notice, and has been
fully apprised in the premises.
that:
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
MAVY v. PETERSON
CIVIL NO. 11,342
ORDER STRIKING AND RELEASING CLAIM OF LIEN
PAG~'-I..O,ii'_ 2
'):','!'X'~' '.'." ". ~'
587
1.. Petitioner has established by a preponderance of the evidence that the Claim of
Lien filed on October 21, 2003 in the Office of the Lincoln County Clerk in Book 539 PR at
Page 169 as Instrument No. 894605 by Respondent Michael E. Peterson is invalid. Pursuant to
Wyoming Statutes § 29-1-311(b)(iv), said Claim of Lien is hereby ordered to be stricken and
released.
2. Pursuant to Wyoming Statutes § 29-1-311(b)(iv), Petitioner is entitled to
judgment against Respondent as follows: an award of damages in the amount of One Thousand
Dollars ($1,000.00); to an award of the costs of bringing the Petition, said costs being the Court's
fding fee of Thirty-Five Dollars ($35.00), and the costs of service by the Lincoln County Sheriff
in the amount of Twenty Dollars ($20.00); and an award of reasonable attorney's fees in the
amount of One Thousand Dollars ($1,000.00) pursuant to Counsel's Affidavit for Attorney's
Fees filed herein.
3. Pursuant to Wyoming Statutes § 1-16-102(a), the judgment herein shall bear
interest at the rate often percent (10%) per year until paid in full.
DATED tlfis/,~] day of November, 2003.
I, i<enneth O. Robeas, Clerk ofthe Thir¢ :;.~j~}:; l[' ~EN~IS L. SANDERSON
lud,c~al D~strlct foresa~d
. : ,i ' 'Cou~ w~d · . ~)r,~,~[,, :' DIST~CT ~DGE
county and in the~e of ~r~aid; do , .
hereby certi¢ tt~regoi~to b~ a ~11, "'"7;)-, '
true'andc°m~~. /~~['~
SIGNED . . .
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/ MA~ v. PETE~ON
C~ NO. 11,342
O~ER STaG ~D ~LEAS~G CL~ OF PAGE 2 OF 2