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DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 95 CV 93
C5 A
ANSWER OF DEFENDANT BERNARD J. WYSOCK, TTRUSTEEOCK OF
TTH
E
BERNARD JAMES WYSOCK TRUST, a/k/a THE B.J•
TOWN OF FREDERICK, a Municipal Corporation,
Plaintiff,
LOCOUNT Y
CUR IS
An :04
ttelbj)c0 9/13/9 6
949/1)8
9614 -Q -
vs.
BERNARD J. WYSOCK, TRUSTEEBOARD OF COUNTY JAMESWYSOCK
ONERSTROFCTTHWELD
CO B.J. OO;
COUNTY TREASURER, WELD
COUNTY, COLORADO; ARTHUR L. WILLIS, II,
COUNTY, COLORADO; TIM L. WILLIAMS AND PAMELA
KSTK. WILLIAMS;
COLORADOBANK
OF LONGMONT, N.A.; FIRSTBANK OF LONGMONT;
ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,
Defendants.
Defendant, Bernard J. Wysock, Trusteeby
the Bernathroughrd
attorney, James Wysock Mark E. Biddison,
The
B.J. Wysock Trust, (herein "Wysock Trust"),
Stevens, Littman & Biddison, hereby Answers and responds to the within Complaint, as follows:
1. Defendant admits that the Town of Frederick is a Colorado Municipality organized
under Title 31, Colorado Revised Statutes.
2. Defendant admits that the Town of Frederick is h oof s ofobtaining that certain
Complang Complaint.
parcel of real property more particularly described in paragraph
g P
3. Defendant admits the allegations of paragraph 3, and more particularly claims that
it owns the entire parcel of real property described in paragraph 2 of the Complaint. h 4. Defendant lacks sufficient information nand bell upon said lupon ack to
of a information or deny iand
allegations set forth in paragraph 4 of the Comp of the allegations accontained in
belief, Defendant denies each and every, all and singular,
paragraph 4.
ca: e A can11); F'F ; Tf`
952132
ich 5. Defendant lacks sufficient information and belief upon to
admit
t or den and
y the
allegations set forth in paragraph 5 of the Complaint. Based upon
lack of information
belief, Defendant denies each and every, all and singular, of the allegations contained in
paragraph 5.
6. Defendant denies that Tim L. Williams and Pamela K. of the use Williams,
or oa dither of
them, have any interest in the said parcel of real
peeproperty by ny other reason.
y
over a portion of the subject property, or by
7. Defendant denies that FirstBank of Longmont, N.A., has any interest in the said
parcel of real property by virtue of the use of a driveway over a portion of the subject property,
or by virtue of any other reason. at FirstBank of nt, has any erest in the said 8. bye virtue of the use of a drivewayver aoporton of the subject parcel
Defndant deniessubject property, or by
of real property
virtue of any other reason.
9. Defendant admits the allegations of paragraph 9.
10. Defendant admits the allegations of paragraph 10.
11. As to this answering Defendant, Defendant denies the allegations in paragraph 11.
As to all other Defendants in this action, this answering Defendant admits that the claims of all
other Defendants are without foundation or right.
WHEREFORE, this answering Defendant prays for a complete adjudication
d ud c do determination
the
frights
of all parties to this action with respect to the real property for a
that this answering Defendant owns the entire interest in the said real property;
determination forever barring and enjoining all other Defendants, and any and all other persons,
from asserting any claim or title thereto; quieting title in this answering Defendant in and to the
said real property; and for such further and additional relief as the court deems just and proper.
Dated: August 28 1995
Respectfully submitted,
STEVEAN & BIDDISON
Mark E. Biddison (#17337)
Attorney for Defendant
250 Arapahoe, Suite 301
Boulder, CO 80302
(303) 443-6690
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CERTIFICATE OF MAILING
I hereby certify that on August 28, 1995, I mailed a true
and correct copy TRUSTEEfthe abbove
and foregoing ANSWER OF DEFENDANT BERNARD J. WYSOCK,placingJAMESB.J.
the same in the United States mail, postage prepaid and addressed as follows:
Richard E. Samson
515 Kimbark Street
Suite 105
P.O. Box 1079
Longmont, CO 80502
3
A.
i n N
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO'
Vrn_L :CUNTY
-- ,:uUnrs
Case No. 95 CV 93 S ill
n
OF DEFENDANT BERNARD J SOCK, TRUSTEE
OF THE
PARTY RDJAMESYSOCK TRUST
OF THE BERNARD WYSOCK TRUST, aikla THE B.J.BJ•
TOWN OF FREDERICK, a Municipal Corporation,
Plaintiff,
vs. ERNARD THE B.J. V SO K WYSOCK, TRUSTEE
BOARDOTHE
COUNTY IAmEs WYSOCK COMMISSIONERS�OFSTWELD
THE B.J. COLORADO;
WMLIS, II, COUNTY TREASURER, WELD
COUNTY, COLORADO; ARTHUR L.
OOUNTY, COLORADO, TIM L. FTRSTBANKIAMS OF PAMELA K.
WILLIAMS; FIRS'TBANK AND
F LUN-KNOW , REST IN THE SUBJECT MATTER
ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST
OF THIS ACTION,
Defendants,
and WYSOCK TRUST, a/k/a
BERNARD J. WYSOCK' TRUSTEE OF THE BERNARD JAMES
THE B.J. WYSOCK TRUST,
Third -Party Plaintiff,
vs.
COUNTY, COLORADO; ARTHUR BL. OF CU, COI COMMISSIONERSCOUNTY TREASURER,
WELD WELD COUNTY, COLORADO; TIM L.
L. WILLIS, U,
WILLIAMS; FIRSTBANK OF LONGMONT, N.A.
F RSTBMS AND
PAMELA LONGMONT;
KSTATE OF COLORADO; ALFREDIO�, OY RO
C ;
GEOR E OF T GEORGE THOMAS MONTOYA;
SHARON NORMAN; FRANK M.
BAPTIST CHURCH; GARY CALDERON; CRAIG BRADLEY' DANIEL GLANTZ;
EPHINE SANCHEZ; MAX
M ARTU Z; F RUSSELL NEZ; JOHN EVEZICH DONE D EVEZIN THE SUBJECT
CT
H
MART ILL NICN MARTI
AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST
MATTER OF THIS ACTION,
Third Party Defendants.
Third Party Plaintiff, Bernard 3. Wysock, Trustee of the Bernard James Wysock Trust,
a/k/a The B.J. Wysock Trust, (herein "Wysock Trust"), by and through his attorney, Mark E.
Biddison, Stevens, Littman & Biddison, for a Complaint to quiet title to a certain parcel of real
property, alleges as follows:
1. Bernard J. Wysock is the Trustee of that certain Trust known as The Bernard
James Wysock Trust, a!k/a The B.J. Wysock Trust. le, and interest to and in that
2. The Wysock Trust is the owner of all right, located in Weld County, tr Colorado, described as follows:
certain parcel of real propertywhich is
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, a
Colorado.
the South line of
o
ct being
more particularly described as follows: Beginning point
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 the ine of said 00'00'" West, 659 53 feet, along
more orto lessthe Point of Beg nni ig. South 00
("The Property").
3. The Wysock Trust is desirous of selling The Property to the Town of Frederick,
a Colorado Municipality.
4. Third -Party Defendants, and each of them, claim or may claim an interest in The
Property, adverse to Third -Party Plaintiff. The claims of said Third -Party Defendants, and each
of them, are without foundation or right.
5. There may be persons interested in the subject matter of this action whose names
cannot be inserted herein because said names are unknown to Third -Party such Plaintiff
e min f have been
diligent efforts have been made to ascertain the names of said persons; Any
made Third -Party Defendants and designated as "All unknown Persons Who
Claimwledge exteInterthe
est
In The Subject Matter Of This Action"; so far as Third -Party Ps ho
interests of the unknown parties are derived through some one or more of the named Defendants.
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6. Third -Party Plaintiff has no adequate remedy at law, wherefore, Third -Party
Plaintiff seeks declaratory relief in the form of a complete adjudication of the rights of all parties
to this action with respect to The Property. Specifically, Third -Party Plaintiff seeks to quiet title
in the Wysock Trust as the rightful owner in and to The Property.
WHEREFORE, Third -Party Plaintiff prays for a complete adjudication of the
rights of all parties to this action with respect to The Property; for determination that Third -
Party Plaintiff owns the entire interest in The Property; for a determination forever barring and
enjoining all Third -Party Defendants, and any and all other persons, from asserting such any claim
or title thereto; quieting title in Third Party Plaintiff in and to The Property; and for
urther
and additional relief as the court deems just and proper.
Dated: August 28. 1995 Respectfully submitted,
STEVENS, LITTMAN & BIDDISON
Mark E. Biddison (#17337)
Attorney for Defendant
250 Arapahoe, Suite 301
Boulder, CO 80302
(303) 443-6690
CERIIFICATE OF MAILING
I hereby certify that on August 28, 1995, I mailed a true
YSOCorrect copy of TRUSTEE the
abTHE
and foregoing ANSWER OF DEFENDANT BERNARD J. placing
JAMES WYSOCK TRUST, A/K/A THE B.J. WYSOCK TRUST, by p g
the same in the United States mail, postage prepaid and addressed as follows:
Richard E. Samson
515 Kimbark Street
Suite 105
P.O. Box 1079
Longmont, CO 80502
I ,• l=
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