NO. D-202-CV-2012-10500

By on January 18, 2013

SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
NO. D-202-CV-2012-10500
ROBERT COLBY LAYTON AND KELLY LAYTON
Plaintiffs,
v.
ANGELA DOMIENIK
Defendant.
COMPLAINT FOR UNLAWFUL DETAINER
COMES NOW Plaintiffs Robert Colby Layton and Kelly Layton, by and through their counsel of record, Steider & Associates, P.C. (Timothy D. Steider, Esq.), and for their cause of action against Defendant Angela Domienik, state as follows:
1. Plaintiffs are residents of Franklin County, Kansas.
2. Defendant, upon information and belief, is a resident of Bernalillo County, New Mexico.
3. This is an attempt to collect a debt, and any information obtained will be used for that purpose.
4. The transaction which forms the basis of this Complaint pertains to certain real property located at 13500 Chico Rd. NE, Albuquerque, New Mexico, Bernalillo County, and more particularly described as follows:
Lot numbered Forty (40) in Block numbered Nine (9) of Vista Oriente, a Subdivision in Albuquerque, New Mexico, as the same is shown and designated on the Replat thereof, filed in the office of the County Clerk of Bernalillo County, New Mexico, on July 8, 1971, in Volume D4, Folio 135.
(hereinafter referred to as the APremises@)
5. Defendants entered into possession of the Premises under a Real Estate Contract (hereinafter referred to as the AContract@) dated March 11, 2011 by and between Plaintiffs as Seller and Defendant as Purchaser. (See Contract attached hereto and made a part hereof as Exhibit AA@)
6. Defendant failed to make the payments due from May 1, 2012 to July 1, 2012 causing Plaintiffs attorney to mail a demand letter to Defendant, on behalf of Plaintiffs, on July 11, 2012. (See demand letter attached hereto and made a part hereof as Exhibit AB@)
7. Defendant did not make the demanded payment within thirty (30) days after the demand was mailed Certified Mail-Return Receipt Requested, and Regular U.S. Mail, as required under Paragraph 5(b)(c) of the Contract.
8. Due to Defendants failure to comply with the Contract, Plaintiffs terminated their interest by filing an Affidavit of Uncured Default and Election of Termination in the records of the Bernalillo County Clerk, Torrance County, New Mexico. (See Affidavit of Uncured Default and Election of Termination attached hereto and made a part hereof as Exhibit AC@)
9. Defendant was notified that the Contract was terminated by service of a Notice of Termination of Real Estate Contract and Tenancy-at-Will dated October 18, 2012, which was posted on the door by Garcia Process Service on October 19, 2012. (See Notice of Termination and Affidavit of Service attached hereto and made a part hereof as Exhibit AD@)
10. Defendant failed to either pay rent to Plaintiff or vacate the property pursuant to the Notice of Termination described herein.
11. Defendant continues to retain possession of the Premises contrary to the rights of Plaintiffs.
12. Under the terms of the Contract, Plaintiffs are entitled to evict Defendant for Unlawful Detainer.
13. Under the terms of the Contract, Plaintiffs are entitled to reasonable attorney’s fees plus legal costs of this action due to the fact that Plaintiffs have been required to bring this action in order to protect their rights under the Contract.
WHEREFORE, Plaintiffs pray this Court for judgment against Defendant as follows:
(a) For immediate possession of the Premises;
(b) Rent in the amount of $34.90 ($1,046.85 a month) per day from October 19, 2012 until the date the premises is vacated by Defendant;
(c) For damages, if any, to be set at a separate trial hereinafter;
(d) For costs and attorney’s fees;
(e) For such other and further relief as the Court may deem just and proper in this matter. STEIDER & ASSOCIATES, P.C.
By:/s/ Timothy D. Steider
Timothy D. Steider, Esq.
Attorney for Plaintiffs
3240-D Juan Tabo, NE
Albuquerque, New Mexico 87111
(505) 237-9880
HCS Pub. January 18, 25, February 1, 2013

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