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Home My WebLink About950851.tiffDISTRICT COURT, WELD COUNTY, COLORADO 494 Division 4 Case No. 94CV , SUMMONS yr 10 ,,, - % n 2: 06 Prr IC 1f-:_ fin, 'p ELVIN D. SPRENG, Plaintiff, vs. ERIE AIR PARK COMPANY, a joint venture, FARM APPRAISAL AND RANCH MANAGEMENT, NNNIEM KRATZER, LARRY Colorado ALLEIS,, SUE Ton, JOHN D. A. MALLEIS, KRATZER EVALLEY FEDERAL SAVINGS AND LOAN ASSOCIATION, CARALEE J. PIERCE, LeROY G. PIERCE, RESOLUTION TRUST CORPORATION (UNITED STATES OF AMERICA), JUDITH THOMPSON, LARRY THOMPSON, REYNOLDS PROPERTIES, a trust, WANDA D. HARRINGTON, THE ERIE PARTNERSHIP, a general partnership, CUSTOM DEVELOPERS, a general partnership, the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, TOWN OF ERIE, COLORADO, THE COLORADO FUEL AND IRON CORPORATION and PUBLIC SERVICE COMPANY OF COLORADO, THE 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 THE ABOVE NAMED 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 a the summons ayouc are required aint was mtoef upon you your outside of answer or the State of Colorado, y other response within 30 days after such service upon you. If you fail to file your answer or other response to the complaint in writing within the applicable time operiod,or judgmthe ent relief y default may be entered against you by the demanded in the complaint without further notice. The following documents are also served herewith: 950851 cam: PL;(7)-(0,-9.) (° .) Dated W(,I,AQ" J 9 1994. RANDOLPH W. STARR, P.C. By: Randolph W. tarr, 83 Attorney for laintiff 150 E. 29th St., Suite 285 P. O. Box 642 Loveland, CO 80539-0642 Telephone: 303-667-1029 This summons is issued pursuant to Rule 4, C.R.C.P., as amended. A copy of the complaint must be served with this summons. This form should not be used where service by publication is desired. TO THE CLERK: If the summons is issued by the clerk of the court, the signature block for the clerk, typewrite, deputy nd the seal of the court should be provided by stamp,_ yp in the space to the left of the attorney's name. 950851 ;I DISTRICT COURT, WELD COUNTY, COLORADO Case No. 94CV 494 Division 4 Co PT COMPLAINT UNDER RULE 105, C.R.C.P. ELVIN D. SPRENG, Plaintiff, vs. ERIE AIR PARK COMPANY, a joint venture, FARM APPRAISAL AND RANCH MANAGEMENT, IINC., a Colorado O.MLLEIS, SUE A. JOHN D. MALLEIS, NILE NZER and MVALLEY KRATZER, LARK FEDERAL SAVINGS AND LOAN ASSOCIATION, CARALEE J. PIERCE, LeROY G. PIERCE, RESOLUTION TRUST CORPORATION (UNITED STATES OF AMERICA), JUDITH THOMPSON, LARRY THOMPSON, REYNOLDS PROPERTIES, a trust, ust, WANDA D. HARRINGTON, THE ERIE PARTNERSHIP, a general the BOARD OF COUNTY CUSTOM DEVELOPERS, a general partnership, COMMISSIONERS OF WELD COUNTY, TOWN OF ERIE, COLORADO, THE COLORADO FUEL AND IRON CORPORATION and PUBLIC SERVICE COMPANY OF COLORADO, THE STATE OF COLORADO, and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiff, Elvin D. Spreng, by his attorney, Randolph W. Starr, P.C., for his claim against Defendants, and each of them, stated as follows: 1. Plaintiff is the owner and in possession of the real property situate in Weld County, Colorado, described as follows (the "Property"): Lot One (1), in Block One (1), ERIE AIR PARK SUBDIVISION, Town of Erie, County of Weld, State of Colorado. 2. Attached to the Complaint as Exhibit A and by this reference incorporated herein, is the Treasurer's Deed conveying title to the Property to Plaintiff. 3. There may be persons interested in the subject matter of this action whose names cannot be inserted herein because said names are unknown to Plaintiff although diligent efforts have been made to ascertain the names of said persons; such persons have been made defendants and designated "all unknown persons who cli any interest in the subject matter of this action"; so far as Plaintiff's knowledge extends, the interests of the unknown parties are derived through some one or more of the named Defendants. 950851 4. The Defendants claim some right, title, or interest in and to the Property adverse to Plaintiff; and the claims of said Defendants are without foundation or right. 5. The United States of American through the Resolution Trust Company and/or Nile Valley Federal Savings and Loan may claim an interest in the Property as a result of Transcript of Judgment Docket in favor of Nile Valley Federal Savings and Loan against Erie Air Park Co., Caralee J. Pierce, LeRoy G. Pierce, Sue A. Malleis, Larry 0. Malleis, John D. Kratzer, Minnie Kratzer, Judith Thompson and Larry Thompson, in the amount of $238,574.52 plus any other costs payable thereunder, said judgment being recorded December 1, 1989, in Book 1250, Reception No. 2199010, Case No. 1 88 000142, in District Court, in the County of Weld. The claims of said Defendants, if any, 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 Property; 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 Property, forever barring and enjoining the Defendants from asserting any claim or title thereto, quieting the title of the Plaintiff in and to the Property and adjudging that the Plaintiff is the owner in fee simple and entitled to possession of the Property; and for such other relief as to the Court may seem proper. By:\ Address of Plaintiff: 1142 No. County Road 3 Loveland, CO 80537 W . STAg.R Randolph W. Sta, Attorney for Pla tiff 150 E. 29th Stree , Suite 285 P. 0. Box 642 Loveland, CO 80539-0642 Telephone: 303-667-1029 950851 EXHI3 : A II AR2265642 arc the 11 —Re:e nrol Re — DEED 3423 R 1313 REC 02255642 10/09/91 09:10 $10.00 1/002 F 1537. MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO. CO Ktmm all itiru 111q tlirn %lrrir112Be Thal whereas. the following described property. viz ERI EA1-1 L1 BLK1 ERIE AIR PARK SUB situated in the County of WELD and State of Colorado, was subject to taxation for the year -(m years) A.D. 19...85 And, Whereas. The taxes assessed upon said property for the year 6...0-.4 aforesaid remained due -nd unpaid at the date of the sale hereinafter named: __ -And. Whereas. The Treasurer of the said County did, on the._-2UTR__...day of N01.EHB.ER _ A. D. -19-W.. by virtue of the authority vested In him by law, at the sale begun and publicly held on the..20.•IN.._day -of NOVEMBER A. D. 19_8 6.... expose to public sale at the office of the Treasurer In the County afore• sad; insubLtnntial conformity with the requirements of the statute in such case made and provided. the tax lien on -real property above described for the payment of the taxes, penalty Interest, and costs then due and remaining un- 'ysid on said Property, _._. *And. Whereas, At the time and place oforcsaid...-_...._.__EL.V.IN...D.._SP `whose -street addreis b....1142_N.._000NIY..ROAD. ..@3_.._._ City or Town of LO.VELANA...__—_ County of LARINER...___..____.__and State oL.._._-._.GOLORADA______.._.. bid on the tax lien onall G f the above described property the sum oL..ELV.E..RUNDRED...EIGRIq _SEV.ER lt ---DOLLARS costs then due RS and._EIFIY-.SIR ----------CENTS, being the whole amount of taxes, penalty Int remaining unpaid upon said property for said year.85...•end-the-°aid �_� .. _._.._ - DOLI:AILS sad having altered In his said bid topay the sum eL.._.._.._.__--•— a --- CENTS in excess of said Taxes. penal t � andnd costs, and the said bid being the largest amount which any person offered to pay in ex - , said taxes, penalty interest and costs so due upon said property for said year._ a .. - of the said sum having been made by him to the said Treasurer, the said tax was stNeken off to him at that price; _ _ _ ' •And. lOhereu, the said.._�..._......_._.._._.......____._..�—_.___.—._. .-...___.._. .._..� or Town of.__......_...._._._. Cwount street address ia......._._.__._..._._.._....--- .._.._..__. _.... Y ---t---. did.County of.......__: -.........._-_..._..._f_.__._._.._.._....._.. did. on the day of.__._..__..:.—.•�- .-._...—.... A. D. 19.... ... duly sasl8n the ttrdflata of the sale of the tax Ben on the `ropartf os aforesaid, and dl his rights. title, and interest In said property. to._._.—. i._.._..�..._._..�...._.._...___...__...._....___..._...._...._..._._.._ •-......_......_......_._...___._..._..... CItY or Tawn of...........__..__......_..._...._.� whose stress -rakes, Ia..._......_.._._.._.........._.._..........__.. _. C� of •d State el..._._._.._.._.._�._...._..__ ___,...-,--C-:•And, Whereas. At the sale so held as aforesaid by • I reasurer, no bids were offered or madeby%ny person or persons for the tax lien on said property, end no person ur persons having offered to. Deg 'the said taxes. penalty ale o( interest and costs upon the said property for said year and the Treasures -W.14 becomby the td satisfiedethat atTnosale of the tax lien on said property could be had, therefore the said tax. lien an said property was.the said County. stricken off to the said County, and.a.certififcate of sale was duly issued therefor to the said County in accordance with the statute in such case_rmade and provided; County, acting ha and through its Treasurer, end in •And• Whereas, The said.- duly conformity with the order 61 the Board of County Comn•beloners of the said said dayCrew .. d one of the, days cormbe .�„r•, .'day of... A.D. 19 (the Of _session of the Board of County Commissioners of the said County). did duly assign 3interest hatein said sale property tax a lien en on said property, so issued at aforesaid to said County, and an I- rights, i�...._.......__. whose of said sale is is__.._.._..• ..--- ..._.._..__._... , City or Town of.......___._.—... ----. whose street address b.._.._._......_.._n_._tate o._._•.--- for Ne sum of County of..._...-..___.._.__...�..:...end State ol.;.•1--__.. _._. _ % ___—DOLLARS md._.._.—•..____..�CENT5. A County oL...••c__ �...._.._ �.___...._-_- -ana ........ __-___ d a . day y of.of.._--..—.---•--••-^"'• D. 19.___., duly assign the certificate of the sak of 123'A PLY. 7 -as TREASURER'S DEED SINGLE PARCEL —me e. r. eo.. 50851 tt 1413 REC 07265642 10/09/91 09:10 $10.30 2/002 F. 1538 MARY x: :' :UERSTEIN CLERK S RECORDS WELD CO, CO • .......... My cwrmiaion expires— : iJ;' 110 T AdAtarly;5eal) PCI a.Ger • M jli.% iiddrtas for Future Tax Notices 1142N. COUNTY ROAD 03 _LOVELANDJ CO 80537_ .. the tax lien on the property as afore pi.VSnd all his rights, title, and Interest In properly. °...--.• -- ...._....___._. __....__... . Ctrl or Town pt.:.:_: —_ ones. street add ___._-_. .... .. tat or the County • 'And. Whereas, The said...._..._..ELVIN..D_._SPRENC-__.__._._ ._.�._—. whosee street address v...._115111......CQUNIY..ROAB..33_.._•._._ City Ot Towof n of L.IELt1ND has paid subsequent tales on aid property to the amount of.NINETEEN..W1NDRED_E1GBfl..F.G.GR.—'D0t.t. S snd,...FAAIY -TWOherea.---r-__ii years And, Whereas, More than three years have elapsed since the date of the said sale. end the said property has not been redeemed therefrom as provided by law: eas.$5...t the amount o!._$55D.D..D.O� And. Whereas, The said property was valued for assessment for said Y And. Whereas. All the provisions of the statutes prescribing prerequisites to obtaining tax deeds have been fully complied with. and ere now of record. and flied In the office of the Treasurer of said County: Now, Therefore, .. A reasu r pals aSTAI.EI _..Treasurer of the County aforesaid, for and In consideration of the sum to the Treasurer psid as aforesaid, and by virtue of the statute In such case made and prs vided, have granted. bargained, and sold, and by these presents do grant. bargain, and sell the above and foregoing described red estate unto the aaid...__....ELVIN_D.....REIG .F P. whose street - address ,L is 1152..N.._.CDIDiTY..R0A0...O3 and Slate of. City or TCown OLOBB,�_O.LO.V.ELAND county of LARIMER �` Ma_ heirs and assigns, forever. subject to all the rights of redemption by mina,, •, t, or incompetent persons. as provided by law. • T'' OFFICIAL'. • ' .-1 a SryL. 1; In with«. Whereof. Il....ERMNCI JL._ .51ALE'F— Treasurer " ,I 1 ,-, as aforesaid, by virtue of the authority aforesaid. have hereunto set my band and seal I, • O: Nis JTN---••....._._day of __OCTOBER A. D. 19. 1 ✓ ..••• e• z/ .- (Seal) '' � ��,y � TSG Book No—_._ Tax Sale Aemtd="l •ass+ _. .._....... f kn�oes,rta 146730301001 Treasurer of„_..._Ji.ELD____.___Coumy, Colorado. 'Strike out in accordance with fact STATE OF COLORADO, sa. The foregoing instrument was acknowledged before me ihia.._-T.IK__.dar by—_.._.EIL11CIS..Ha_LOUSIALEI.___.._.a treasurer of said County—_ .. White's my hand and official seal. /J / /0 /'9 99-Z. i, ///J s a. Ts; `3C re r �0 C o ri 2 ° =x a 'e o to 7 r O ra p1 C pa pi 3 id n _ 3 n-0 cli V, C 70 l•1�.1 70 us r'rn 0t a 950851 Hello