SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
IN THE DISTRICT COURT
No. D-202-PB-2006-00653
IN THE MATTER OF THE ESTATE
OF DARLENE RASCON, Deceased.
ROLAND MARTINEZ AND
LUCY MARTINEZ, Co-Trustees of Testamentary trust established under Will of Darlene Rascon, deceased,
Interpleader Plaintiff,
v.
GROUP ONE INTERPLEADER DEFENDANTS:
ROBERTO MARCELINO RASCON and KARL LEVIN RASCON
GROUP TWO INTERPLEADER DEFENDANTS:
THE UNKNOWN HEIRS OF THE FOLLOWING DECEASED PERSONS: EDMENIA
EUGENIA RASCON and AZURE LEE RASCON
NOTICE OF PENDENCY OF ACTION
THE STATE OF NEW MEXICO TO THE FOLLOWING NAMED OR DESIGNATED DEFENDANTS:
TO ALL UNKNOWN PERSONS WHO MAY HAVE OR CLAIM AN INTEREST IN THIS MATTER
Greetings:
You and each of you are hereby notified that Roland Martinez and Lucy Martinez, Co-Trustees of the Residence Trust created under the Will of Darlene Rascon (“Trustees”), deceased, as plaintiff, has filed a Complaint in Interpleader in the Second Judicial District Court of Bernalillo County, New Mexico, Docket Number D-202-PB- 2006-00653, wherein you are named or designated as defendants and wherein the plaintiff, Trustees seeks to obtain constructive service of process upon you.
The general object of the Complaint in Interpleader is that the plaintiffs, in their capacities as Co-Trustees of the Residence Trust established under the Last Will and Testament of Darlene Rascon, dated October 6, 2006 are seeking:
1. to be discharged, released and held harmless from any liability as a result of the competing claims of the beneficiaries to the Sales Proceeds as defined below and to provide for the payment, release or the interpleading of the Sales Proceeds. The Sales Proceeds in the approximate amount of $162,373.13 are from the sale of a residence and real property held by the Trustees of the Residence Trust.
2. After notice and hearing, approval of the payment from the Sales Proceeds of compensation for the Trustees and the reasonable attorney fees incurred by the Trustees; that the Group One and Group Two Defendants be ordered to interplead and settle among themselves their rights or claims to the remaining balance of the Sales Proceeds.
3. After deposit of the remaining Sales Proceeds with the Court, the Trustees be excused from further attendance upon this cause and dismiss the Trustees from this cause with prejudice.
4. Such other relief as the Court deems just and equitable, including approving the Trustee’s attorneys fees incurred in filing and prosecuting this action and deducting the Trustee’s costs and attorney fees in prosecuting this action from the balance of the Sales Proceeds to be distributed to the beneficiaries under the Residence Trust.
You and each of you are further notified that unless you enter your appearance and file a response to the Complaint in Interpleader in said cause on or before the SEP 25 2017, judgment will be rendered against you by default, and the relief prayed for in the Complaint In Interpleader will be granted.
The name and address of the attorney for the plaintiff, Trustees is as follows: Kenneth C. Leach & Associates, P.C. (Kenneth C. Leach), 320 Osuna Rd NE, Suite G4, Albuquerque, New Mexico 87107.
Witness my hand and seal of the District Court of Bernalillo County, New Mexico on JUL 27 2017
JAMES A. NOEL
Clerk of the District Court
By LATOYA GRAYES
Deputy (Court Seal)
HCS Pub. July 28, August 4, 11, 2017
