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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 S~f.,.~d~, C~ a po{nc: c~enc~ ~8~'-5%'-4~'~. $3o~.~5 ~ec~. p~zil~ w£ch'~aid south li~. CO a poiqC on t~e ~c line o~ ~mC~,s %c Fca~=~. Wyqminq, a ~ubdiv~io~ paine o~ c~= ~=ve ~4s~ibed c~cc: · a=h 'poi~ an~ -incera~c~lon' markc~ ~y a ~/~" ~ 2A' O~cc off ch= Clc:k oe Lincoka Counc~ cL~i=d '~O~U