HomeMy WebLinkAbout950706.tiffWELD COUNTY
DISTRICT COURT WELD COUNTY, COLORADO
Case No. 95 -CV -3
SUMMONS
1995 214 AM 9: 23
rnI
TO THE ^0:'.:L
TOWN OF FREDERICK, a Municipal Corporation,
Plaintiff,
vs.
BERNARD J. WYSOCK, Trustee of THE BERNARD JAMES WYSOCK TRUST, a/k/a THE B. J.
WYSOCK TRUST; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO;
ARTHUR L. WILLIS, II, COUNTY TREASURER, WELD COUNTY, COLORADO; TIM L. WILLIAMS
and PAMELA K. WILLIAMS; FIRSTBANK OF LONGMONT, N.A.; FIRSTBANK OF LONGMONT;
STATE OF COLORADO; AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE
SUBJECT MATTER OF THIS ACTION,
Defendants.
THE PEOPLE OF THE STATE OF COLORADO TO DEFENDANTS:
You are hereby summoned and required to file with the Clerk of this Court an
answer or other response to the attached Complaint. If service of the Summons and Complaint
was made upon you within the State of Colorado, you are required to file your answer or other
response within 20 days after such service upon you. If service of the Summons and Complaint
was made upon you outside of the State of Colorado, you are required to file your answer or other
response within 30 clays after such service upon you.
If you fail to file your answer or other response to the Complaint in writing within
the applicable time period, judgment by default may be entered against you by the Court for the
relief demanded in the Complaint without further notice.
Dated o-/23 /915 —
SAMSON & BROWN
A Professional Corporation
Richard E. Samson, #15647
Attorney for Plaintiff
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, CO 80502
Phone: (303) 776-1169
This Summons is issued pursuant to Rule 4, COLO. R CIV. PaOc., as amended. A copy of the Complaint
must be served with this Summons. This form should not be used when; service by publication is desired.
950706
('L' : 6occ(& PL; cc'°.3)
DISTRICT COURT WELD COUNTY, COLORADO
Case No95-CV-93'
COMPLAINT
TOWN OF FREDERICK, a Municipal Corporation,
Plaintiff,
vs.
BERNARD J. WYSOCK, Trustee of THE BERNARD JAMES WYSOCK TRUST, a/k/a THE B. J.
WYSOCK TRUST; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO;
ARTHUR L. WILLIS, II, COUNTY TREASURER, WELD COUNTY, COLORADO; TIM L. WJLJSAMS
and PAMELA I{. WILLIAMS; FIRSTBANK OF LONGMONT, N.A.; FIRSTBANK OF LONGMONT;
STATE OF COLORADO; AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE
SUBJECT MATTER OF THIS ACTION,
Defendants.
1. The Town of Frederick is a Colorado municipality organised under Title 31,
Colorado Revised Statutes.
2. The Town of Frederick is desirous of obtaining certain real property, through
condemnation if necessary, which property is located in Weld County, Colorado, described as
follows:
A tract of land located in the Southwest Quarter of Section 30,
Township 2 North, Range 67 West of the 6th P.M., Weld County,
Colorado. Said tract being more particularly described as follows:
Beginning at a point on the South line of the Southwest Quarter of
said Section 30, from whence the Southeast corner of said
Southwest Quarter bears South 89'51'21" East, 654 feet, and with
all other bearings contained herein relative thereto; thence along the
South line of said Southwest Quarter of Section 30, North
89'51'21" West, 7.15 feet more or less to the Southeast corner of
Wolff Gardens, a Weld County Subdivision as recorded; thence
along the East line of said subdivision North 00'26'03" West,
2659.77 feet to the North line of said Southwest Quarter of
Section 30; thence along said North line South 89'38'06" East,
27.30 feet more or less to the Northwest corner of Parkview
Estates, a subdivision in the Town of Frederick, Weld County,
Colorado; thence along the West line of said subdivision, South
00'00'00" West, 2659.53 feet, more or less to the Point of
Beginning.
3. Bernard J. Wysock, Trustee of The Bernard James Wysock Trust, a/k/a The B. J.
Wysock Trust, purchased a portion of the subject property through a foreclosure action.
4. The Board of County Commissioners of Weld County may have an interest in the
property by virtue of abutting lands under the jurisdiction of Weld County.
950706
2
5. Arthur L. Willis, II, Weld County Treasurer, may have an interest in the property
by virtue of potential unpaid taxes- or assessments.
6. Tim L. Williams and Pamela K. Williams may have an interest in the property by
virtue of the use of a driveway over a portion of the subject property.
7. FirstBank of Longmont, N.A., may have an equitable interest in the property by
virtue of a Deed of Trust dated October 22, 1992, and found at Reception No. 02308639.
8. FirstBank of Longmont may have an equitable interest in the property by virtue of a
Deed of Trust dated April 7, 1994, and found at Reception No. 02383569.
9. The State of Colorado is made a party to this action under the provisions of C.R.S.
§39-23-144, and no proceedings are pending in any court of this state wherein the taxability of any
transfer of the real property herein involved, and the liability for inheritance tax therefor, may be
determined, but all parties, if any, interested in said transfer and in the taxability thereof have been
made parties hereto.
10. There may be persons interested in the subject matter of this action whose names
cannot be inserted herein because said names are unknown to the plaintiff although diligent efforts
have been made to ascertain the names of said persons; such persons have been made defendants
and designated as "all unknown persons who claim any interest in the subject matter of this action;"
so far as plaintiffs knowledge extends, the interests of the unknown parties are derived through
some one or more of the named defendants.
11. The defendants claim some right, title or interest in and to the above described real
property adverse to plaintiffs; the claims of said defendants are without foundation or right.
Wherefore, plaintiff prays for a complete adjudication of the rights of all parties to this
action with respect to the real property above described; for a decree requiring the defendants to set
forth the nature of their claims, determining that the defendants and each of them have no interest,
estate, or claim of any kind whatsoever in the said real property, forever barring and enjoining the
defendants from asserting any claim or title thereto, quieting title in the rightful owner in and to the
real property; and for such other relief as to the court seems proper.
SAMSON & BROWN
A Professional Corporation
Richard E. Samson, #15647
Attorney for Plaintiff
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, CO 80502
Phone: (303) 776-1169
Address of Plaintiff:
P.O. Box 435
Frederick, CO 80530
950706,,
Hello