HomeMy WebLinkAbout905692NOTICE OF JUDGMENT LIEN
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CRUZ )
RECEIVED 1/7/2005 at 11:06 AM
RECEIVING # 905692
BOOK: 576 PAGE: 718
.EANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER,' ~MY
WE, MARK D. STEVENS and DANI BECKERMAN, being first duly sworn, hereby
state as follows:
35
1. As Plaintiffs in a civil action against Defendants MARTY MclNTYRE and
TAMMY MclNTYRE aka MARTiN J. MciNTYRE and TAMMY M. MclNTYRE, No. CV-
2004-34, in the Circuit Court of the Third Judicial District, Lincoln County, Wyoming, we
received a judgment against Defendants in the amount of $5,060.00, plus interest at the rate of
ten percent (10%) accruing from the date of judgment until paid in full pursuant to Wyoming
Statutes § 1-16-102(a). A copy of said Judgment for Forcible Entry and Detainer is attached
hereto and incorporated herein by reference
2. Defendants have paid $1,300.00, a partial satisfaction of said judgment, on
November 16, 2004. A copy of the Notice of Partial Satisfaction of Judgment is attached hereto
and incorporated herein by reference.
unsatisfied.
The balance of said judgment, $3,760.00, plus accrued interest, remains
4. Pursuant to Wyoming Statutes §§ 1-17-301 et seq., we hereby provide notice of
the judgment as lien on real property own~ by Defendants, said real property being described in
the Warranty Deed recorded in Book 527 PR at Pages 046 and 047 on July 15, 2003, as
Instrument No. 891621. A copy of said Warranty Deed is attached hereto and incorporated
herein by reference.
DATED this ~, [ day of December, 2004.
MARK D. STEVENS
DANI BECKERMAN
SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by MARK D.
STEVENS and DANI BECKERMAN this ~--1 day of December, 2004.
,., ~,~,~ . . . .
II ~ ~ ~'~,~ Corem sslon # 1327882
My Commission expires:
N~TARY PUBLIC
CIRCUIT COURT OF THE THIRD JUDICIAL DISTRiCT
LINCOLN COUNTY, STATE OF WYOMING
CHRISTINE WAGNER, )
acting for and on behalf of )
MARK D. STEVENS and )
DANI BECKERMAN, )
)
Plaintiffs, )
)
v. ) NO. CV-2004-34
)
MARTY McINTYRE and )
TAMMY McINTYRE, )
Defendants. )
.)
8¥.
/
Fq E
D
NOV 4 ~004
SAN,D~'x,`', L, HAWKES
CLF'RK OF CIRCUIT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNt, STATE OF
JUDGMENT FOR FORCIBLE ENTRY AND DETAINER
THIS MATTER came before this Court for a hearing this 4th day of November,-
2004, upon the Complaint of Plaintiff Christine Wagner, acting for and on behalf of
Plaintiffs Mark D. Stevens and Dani Beckerman, filed pursuant to Wyoming Statutes §§
1-21-1001 et seq., Forcible Entry and Detainer.
enter an Order removing Defendants Marty
Plaintiffs have requested that this Court
Mclntyre and Tammy Mclntyre from
Plaintiffs' property located at 200 Stevens Lane, Etna, Wyoming and restoring that
property to Plaintiffs, and for judgment for unpaid rent, late fees, costs, and reasonable
attorney's fees.
Defendants were dun served with the Summons, the Complaint, and the Notice of
Hearing, as appears from the Sheriff's Return of Service on file herein. Defendants have
failed ro appear and answer the Comp,}qmt, but have represented ro the Court, tln'ough
third parties, that they do not dispute Plaintiffs' claims as set forth in the Complaint filed
herein. Accordingly, Plaintiffs are entitled to the relief requested in their Complaint.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that pursuant to Wyoming Statutes §§ 1-21-1001 et seq., Plaintiff Cl2'isrine
Wagner, acting and on behalf of Plaintiffs Mark D. Stevens and Dani Beckerman, and
Plaintiffs Mark D. Stevens and Dani Beckerman, the owners of the property located ar
200 Stevens Lane, Etna, Thayne, Wyoming, are entitled to and hereby granted judgment
as follows:
1. Plaintiffs are granted restitution of the property, by forcible entry and
detainer, pursuant to Wyoming Statutes § 1-21-1008(a).
2. Plaintiffs are granted a Writ of Restitution removing the Defendants from
the property and restoring the property to Plaintiffs pursuant to Wyoming Statutes § 1-21-
1012.
3. Plaintiffs are granted judgment for rent due but unpaid on the property for
the period from August 1, 2004 through October 31, 2004, at the rate of $1,275.00 per
month, for a total of $3,825.00 pursuant to Wyoming Statutes § 1-21-1008(b).
4 Plaintiffs are granted judgment for rent due but unpaid on the Prope~ry for
the period from November 1, 2004 through the date of the issuance of the Writ of
Restitution, November 4, 2004, at the rate of $42.50 per day (which is the monthly rent of
$1,272.00 divided by 30, the number of days in the month of November), for a total of
$170.00, pursuaint to Wyoming Statutes i~ 1-21-1008(b).
0722
5. Plaintiffs are granted judgment for late ]tees due under the lease, in the
amount of $25.00 per month, for the months of August, September, and October, 2004,
for a total of $75.00.
6. Plaintiffs are granted judgment for the costs of this action pursua,nt_-:to
Wyoming Statutes § 1-21'-1008, such costs being the Court's filing fee, $30.00, the fee
for service of the Notice to Quit, $20.00, the fee for service of the Summons to Defendant
Marry Mclntyre, $20.00, and the fee for service of the Summons to Defendant Tammy
Mclntyre, $20.00, for total costs of $90.00.
7. Plaintiffs are granted reasonable attorney's fees in the amount of $900.00,
pursuant to the Affidavit filed herein and in accordance with the terms of the lease.
8. The total judgment granted to Plaintiff herein, in the amount of $5,060.00
shall bear interest at the rare often percent (10%) per annum until paid in full pursuant to
Wyoming Statutes {} 1'- 16-102 (a).
Copies to:
DATED this 18th day of De~ember, 2003.
M. Kevin Voyles
LUTHI & VOYLES. LLC
P.O. Box 820
Thayne, WYoming 83 127-0820
Marty Mclntyre
Tammy Mclntyre
P.O Box ~o~
Thayne, Wyoming 83128-3322
M. Kevin Voyles
LUTHI & VOYLES, LLC
P.O Box 820
Thayne, Wyoming 83127-0820
Tel: (307) 883-7887
Fax: (307) 883-7889
Attorney for Plaintiffs
.. 07, 3
CIRCUIT COURT OF THE THIRD JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
CHRISTINE WAGNER, )
acting for and on behalf of )
MARK D. STEVENS and )
DANI BECKERMAN, )
)
Plaintiffs, )
)
v. ) NO. CV-2004-34
)
MARTY McINTYRE and )
TAMMY McINTYRE, )
)
Defendants. )
)
BY
,41L E D
SANDRA 1.. HAWKES
CLERK OF C',[tZUIT COU.RT
~,d JUDICIAL DISTRICT
LP:CCLi'I COU.NTY. '.'T.~,TE CF V.&'O[~,~NG
NOTICE OF PARTIAL SATISFACTION OF JUDGMENT
COME NOW Plaintiffs Christine Wagner, Mark D. Stevens, and Dani Beckerman, by
and through their counsel, M. Kevin Voyles, of LUTHI & VOYLES, LLC, hereby providing
notice of partial satisfaction of the judgment that was entered herein in favor of Plaintiffs and
against Defendants Marty Mclntyre and Tammy Mclntyre on November 4, 2004 in the amount
of $5,060.00, plus interest thereon accruing at the rate of 10% per annum as provided under
Wyoming law. t i
WAGNER et al. v. McINTYRE
NO. CV-2004-34
NOTICE OF PARTIAL SATISFACTION OF JUDGMENT
PAGE 1 OF 2
On November 12, 2004, Defendant paid to Plaintiffs $1,300.00 toward satisfaction of the
total amount due pursuant to the .judgment.
DATED the 15th day of November, 2004.
¢/ :/
P.O. Box 820
Thayne, Wyoming 83127-0820
Tel: (307) 883-7887
Fax: (307) 883-7889
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 15th day of November, 2004, I mailed a copy of the
foregoing NOTICE OF PARTIAL SATISFACTION OF JUDGMENT, by USPS, first class
mail, postage prepaid, to:
Marty Mclntyre
& Tammy Mclntyre
P.O, Box 3322
Alpine, Wyoming 83128-3322.
WAGNER et al. v. MclNTYRE
NO. CV-2004-34
NOTICE OF PARTIAL SATISFACTION OF JUDGMENT
DEC. 15.20049 3: 58PM LIHCOLM CO CLERK
030~8085...
hereby CO~Y ~d W~ TO:
T~the ~tirm=imsM' MCI~ ~d ~TIN J. MCI~, wife and husband,
for the sum of Ten Doll~g and other good ~d va!u~!e consideration
gh~ following described ~ract' of l~d ia Lincoln Co~y, State of
Wyoming, hereby releasin~ ~d waiviaq all rights ~der ~d by ~rtu~ of
the homestead exemption laws of the stace,
S~.E ATTAC/{ED EX/{IBIT
subject to reservations and restrictions contained in the United States
Patent and ~o' e~sement~ a~d rights-of-way of record or in use.
TogeCher with all improvements and appurtsnances ~hereon.
WITNESS, the hand of said grantors, Chis ~7 day of
, A.D. 2003
n725
DEC. 15.2004 3:59PM'] LINCOLN ~] CLERK
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