Free Motion for Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00555-WDM-MEH

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Filed 12/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-WM-555 (OES) ____________________________________________________________________________ IN THE MATTER OF THE ESTATE OF JEAN KNAUB, (DECEASED) BY AND THROUGH HER SPECIAL ADMINISTRATOR CATHERINE SEAL (FORMERLY JEAN KNAUB, BY

AND THROUGH HER GUARDIAN, SILVER KEY SENIOR SERVICES, AND HER GUARDIAN=S AGENTS, ANNETTE BONNART AND MILLICENT KRAUSHAAR)
Plaintiffs, vs. WELLS FARGO BANK, N.A. and KIRK W. SAVAGE Defendants. ______________________________________________________________________________

RENEWED MOTION FOR ENTRY OF JUDGMENT AS TO DEFENDANT KIRK W. SAVAGE
______________________________________________________________________________ COMES NOW, the Plaintiffs, the Estate of Jean Knaub, by and through counsel R.

Eric Solem, Peter T. Harris, and Lance E. McKinley of the firm Solem, Mack & Steinhoff, P.C., and hereby renew their motion for entry of judgment with respect to Kirk W. Savage.

1. This action was filed on March 23, 2004, with an amended complaint filed on June 8, 2004.

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2. Kirk W. Savage was personally served with the Summons and Amended Complaint on August 7, 2004. Defendant Savage failed to file an answer or any

responsive pleading in this matter.

3. On September 27, 2004, Plaintiff, pursuant to Fed. R. Civ. P. 55(a), filed an Amended Motion for Entry of Default as to Defendant Kirk W. Savage, with the amount of judgment to be determined at trial. This Court subsequently entered default judgment against Mr. Savage in September 2004.

4. Plaintiff entered into a settlement agreement with Defendant Wells Fargo, N.A..

5. Plaintiff has not entered into a settlement agreement with Defendant Savage, and filed a Motion for Entry of Judgment in June 2005. A hearing on the motion for entry of judgment against Defendant Savage was held on July 13, 2005. At that time, the Court did not grant the motion, and directed Plaintiffs to further substantiate the amount of the judgment sought against Mr. Savage.

6. Counsel for Plaintiff in this case have been in contact with Catherine Seal, Esq., who has served as the special administrator for the Estate of Jean Knaub in El Paso County District Court, case number 2005 PR 419. Ms. Seal has filed closing documents in the probate case. The final accounting for the Estate is attached hereto and reflects the

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final negotiated claims paid by the Estate.

7. Pursuant to the default judgment previously entered against Mr. Savage in September 2004, the Plaintiff requests that the Court enter judgment against Mr. Savage in the amount of $147,173.45. This amount is determined by calculating the final negotiated claims paid by the Estate due to Mr. Savage's actions, as detailed in the Affidavit of Catherine Seal, Special Administrator, which is also attached hereto.

8. An earlier judgment for $65,000 was entered against Mr. Savage in El Paso District Court in October 2003 for his prior misuse of the Decedent's trust funds to purchase a residence for himself. Documentation concerning the confession to and entry of the judgment for $65,000 is attached hereto. This judgment was not included in Plaintiff's calculation of the further damages caused to the Estate subsequent to the judgment in El Paso District Court.

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Dated this 9th day of December , 2005.

Respectfully submitted, SOLEM, MACK & STEINHOFF, P.C.

By :// s // Lance E. McKinley (original signature on file) R. Eric Solem, Atty. Reg. 6464 Peter T. Harris, Atty. Reg. 31449 Lance E. McKinley, Atty. Reg. 33274 Attorneys for Plaintiffs Solem Mack & Steinhoff, P.C. 3333 S. Bannock Street, Ste. 910 Englewood, Colorado 80110 [email protected]

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CERTIFICATE OF SERVICE I certify that on December 9th , 2005 a copy of the attached RENEWED MOTION FOR ENTRY OF JUDGMENT AS TO DEFENDANT KIRK W. SAVAGE, was served on each of the following at the address indicated by first class U.S. mail, postage pre-paid:

Catherine Seal, Esq. Kirtland & Seal, LLC P.O. Box 2682 Colorado Springs, Colorado 80901-2682 Kirk W. Savage
12100 Melody Drive Denver, Colorado 80234

// s // Lance E. McKinley (original signature on file)

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