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United States v. Real Property located at 4343 North Forty Road, Lincoln, California, Placer County, APN: 031-310-028-000, 2:18-CV-00808-KJM-CKD. (2019)

Court: District Court, E.D. California Number: infdco20190813982 Visitors: 2
Filed: Aug. 09, 2019
Latest Update: Aug. 09, 2019
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF STEPHEN M WARD AND DEBRA L WARD, CO-TRUSTEES OR THEIR SUCCESSORS IN TRUST, UNDER THE WARD FAMILY LIVING TRUST DATED 4/10/04 AS TO AN UNDIVIDED 75.06667% INTEREST AND PENSCO TRUST COMPANY CUSTODIAN FBO GAYLE ANSELL IRA AS TO AN UNDIVIDED 24.93333% INTEREST IN THE REAL PROPERTY LOCATED AT 4343 NORTH FORTY ROAD KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between the United States and Claimants Stephen M Ward a
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF STEPHEN M WARD AND DEBRA L WARD, CO-TRUSTEES OR THEIR SUCCESSORS IN TRUST, UNDER THE WARD FAMILY LIVING TRUST DATED 4/10/04 AS TO AN UNDIVIDED 75.06667% INTEREST AND PENSCO TRUST COMPANY CUSTODIAN FBO GAYLE ANSELL IRA AS TO AN UNDIVIDED 24.93333% INTEREST IN THE REAL PROPERTY LOCATED AT 4343 NORTH FORTY ROAD

IT IS HEREBY STIPULATED by and between the United States and Claimants Stephen M Ward and Debra L Ward, Co-Trustees, or their successors in trust, under the Ward Family Living Trust dated 4/10/04 as to an undivided 75.06667% interest, and Pensco Trust Company Custodian FBO Gayle Ansell, IRA as to an undivided 24.93333% interest (collectively, "Claimants") as follows:

1. Claimants asserted a lienholder interest in the defendant property located at 4343 North Forty Road, Lincoln, California, 95648 ("Defendant Property").

2. The loan has since been satisfied and Claimants no longer have an interest in Defendant Property.

3. Accordingly, Claimants hereby withdraw their claim filed in the above captioned case on June 13, 2018 [Dk. 26] and their answer filed in the above-captioned case on June 25, 2018 [Dk. 35].

4. To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), the United States agrees to dismiss with prejudice Claimants in the above-captioned case pursuant to the Federal Rules of Civil Procedure, Rule 41(a). Defendant Property is one of the in rem defendants.

5. Each party hereto is to bear its own costs.

6. Claimants are hereby removed from the Service List for the above captioned case.

GERACI LAW FIRM Dated: 5/20/2019 By: /s/Larissa A. Branes Larissa A. Branes, Esq. Amy E. Martinez, Esq. Alexa P. Stephenson, Esq. Attorneys for Lienholders, STEPHEN M WARD AND DEBRA L WARD, CO-TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE WARD FAMILY LIVING TRUST DATED 4/10/04 AS TO AN UNDIVIDED 75.06667% INTEREST AND PENSCO TRUST COMPANY CUSTODIAN FBO GAYLE ANSELL, IRA AS TO AN UNDIVIDED 24.93333% INTEREST Dated: 5/20/2019 McGREGOR W. SCOTT United States Attorney By: /s/Kevin C. Khasigian KEVINC.KHASIGIAN Assistant United States Attorney

ORDER

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The Stipulation is approved.

2. Claimants' claim filed in the above-captioned case on June 13, 2018 [Dk. 26] is hereby deemed withdrawn.

3. Claimants' answer filed in the above-captioned case on June 25, 2018 [Dk. 35] is hereby deemed withdrawn.

4. Claimants are hereby deemed dismissed from the above-captioned case.

IT IS SO ORDERED.

Source:  Leagle

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