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Filed in Otoe District Court
*** EFILED ***
Case Number: D11CI240000005
Transaction ID: 0021320393
Filing Date: 03/18/2024 02:53:00 PM CDT
IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA
PENNYMAC LOAN SERVICES, LLC, ) CASE NO. 24-0000005
)
Plaintiff, )
) MOTION FOR DEFAULT
vs. ) JUDGMENT
)
THE ESTATE OF RANDY FORMAN; )
THE HEIRS, LEGATEES, DEVISEES, )
PERSONAL REPRESENTATIVES, AND )
ALL OTHER PERSONS INTERESTED IN )
THE ESTATE OF RANDY FORMAN, )
DECEASED, real names unknown; JOHN DOE )
and JANE DOE, real names and marital status )
unknown, )
)
Defendants. )
COMES NOW the plaintiff and moves the Court for default judgment against the defendants the
Estate of Randy Forman; the Heirs, Legatees, Devisees, Personal Representatives, and All Other
Persons Interested in the Estate of Randy Forman, Deceased, real names unknown; John Doe and
Jane Doe, real names and marital status unknown, and for the relief prayed for in the plaintiff's
Complaint. In support of its Motion, the plaintiff offers the following items:
1. A true and correct copy of the Affidavit of Publication establishing service by the
Nebraska City News-Press on defendants the Estate of Randy Forman; the Heirs,
Legatees, Devisees, Personal Representatives, and All Other Persons Interested
in the Estate of Randy Forman, Deceased, real names unknown; John Doe and
Jane Doe, real names and marital status unknown.
2. The Affidavit of Catherine Spivey establishing the default of Randy Forman, and
the amount owing to the plaintiff including principal, interest, and advances.
3. A certified copy of the Deed of Trust recorded January 9, 2023, as Instrument
No. 202300027, in the office of the Register of Deeds of Otoe County, Nebraska.
4. A certified copy of the Assignment of Deed of Trust recorded December 28,
2023, as Instrument No. 202302504, in the office of the Register of Deeds of Otoe
County, Nebraska.
5. The Affidavit of Eric H. Lindquist, attorney for PennyMac Loan Services, LLC,
stating that Randy Forman, a single man; the Estate of Randy Forman; the Heirs,
Legatees, Devisees, Personal Representatives, and All Other Persons Interested
in the Estate of Randy Forman, Deceased, real names unknown; John Doe and
Jane Doe, real names and marital status unknown, are not in the military service
of the United States of America within the purview of the Servicemembers Civil
Relief Act (50 U.S.C. Appx. Sec. 501, et. seq.).
6. A true and correct copy of the Note which Randy Forman executed
and delivered to Liberty First Credit Union, a State Chartered Credit
Union.
Based upon the foregoing, the plaintiff asserts that the plaintiff is entitled to default
judgment as prayed for in its Complaint.
PENNYMAC LOAN SERVICES, LLC,
Plaintiff,
By: /s/ Eric H. Lindquist
Eric H. Lindquist, #18112
Halliday Watkins & Mann
8712 West Dodge Road, #260
Omaha, Nebraska 68114
Telephone (402) 829-0400
Attorney for Plaintiff
elindquist@hwmlawfirm.com
NOTICE OF HEARING
TO: Defendants the Estate of Randy Forman; the Heirs, Legatees, Devisees, Personal
Representatives, and All Other Persons Interested in the Estate of Randy Forman,
Deceased, real names unknown; John Doe and Jane Doe, real names and marital status
unknown.
YOU ARE HEREBY NOTIFIED that the plaintiff shall call for hearing its Motion before the
Honorable Julie D. Smith, District Court Judge, District Court of Otoe County, Nebraska, Otoe
County Courthouse, Nebraska City, Nebraska, on the 8th day of April, 2024, at 11:00 o'clock a.m., by
Video (Zoom)/Telephone Call, or as soon thereafter as counsel may be heard.
/s/ Eric H. Lindquist
Eric H. Lindquist, #18112
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing Motion for Default Judgment was
served upon the following individuals by regular United States mail, postage prepaid, this 18th
day of March, 2024:
Estate of Randy Forman
764 6th Street
Syracuse, NE 68446
John Doe, real name unknown
764 6th Street
Syracuse, NE 68446
Jane Doe, real name unknown
764 6th Street
Syracuse, NE 68446
/s/ Eric H. Lindquist
Eric H. Lindquist, #18112
Certificate of Service
I hereby certify that on Monday, March 18, 2024 I provided a true and correct copy of the
Motion-Default Judgment to the following:
Doe,John, service method: First Class Mail
Forman,Heirs of Estate of Randy, service method: First Class Mail
Forman,Estate of Randy, service method: First Class Mail
Doe,Jane, service method: First Class Mail
Signature: /s/ Eric Lindquist (Bar Number: 18112)
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Filed in Otoe District Court *** EFILED *** Case Number: D11CI240000005 Transaction ID: 0021320393 Filing Date: 03/18/2024 02:53:00 PM CDT IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA PENNYMAC LOAN SERVICES, LLC, ) CASE NO. 24-0000005 ) Plaintiff, ) ) MOTION FOR DEFAULT vs. ) JUDGMENT ) THE ESTATE OF RANDY FORMAN; ) THE HEIRS, LEGATEES, DEVISEES, ) PERSONAL REPRESENTATIVES, AND ) ALL OTHER PERSONS INTERESTED IN ) THE ESTATE OF RANDY FORMAN, ) DECEASED, real names unknown; JOHN DOE ) and JANE DOE, real names and marital status ) unknown, ) ) Defendants. ) COMES NOW the plaintiff and moves the Court for default judgment against the defendants the Estate of Randy Forman; the Heirs, Legatees, Devisees, Personal Representatives, and All Other Persons Interested in the Estate of Randy Forman, Deceased, real names unknown; John Doe and Jane Doe, real names and marital status unknown, and for the relief prayed for in the plaintiff's Complaint. In support of its Motion, the plaintiff offers the following items: 1. A true and correct copy of the Affidavit of Publication establishing service by the Nebraska City News-Press on defendants the Estate of Randy Forman; the Heirs, Legatees, Devisees, Personal Representatives, and All Other Persons Interested in the Estate of Randy Forman, Deceased, real names unknown; John Doe and Jane Doe, real names and marital status unknown. 2. The Affidavit of Catherine Spivey establishing the default of Randy Forman, and the amount owing to the plaintiff including principal, interest, and advances. 3. A certified copy of the Deed of Trust recorded January 9, 2023, as Instrument No. 202300027, in the office of the Register of Deeds of Otoe County, Nebraska. 4. A certified copy of the Assignment of Deed of Trust recorded December 28, 2023, as Instrument No. 202302504, in the office of the Register of Deeds of Otoe County, Nebraska. 5. The Affidavit of Eric H. Lindquist, attorney for PennyMac Loan Services, LLC, stating that Randy Forman, a single man; the Estate of Randy Forman; the Heirs, Legatees, Devisees, Personal Representatives, and All Other Persons Interested in the Estate of Randy Forman, Deceased, real names unknown; John Doe and Jane Doe, real names and marital status unknown, are not in the military service of the United States of America within the purview of the Servicemembers Civil Relief Act (50 U.S.C. Appx. Sec. 501, et. seq.). 6. A true and correct copy of the Note which Randy Forman executed and delivered to Liberty First Credit Union, a State Chartered Credit Union. Based upon the foregoing, the plaintiff asserts that the plaintiff is entitled to default judgment as prayed for in its Complaint. PENNYMAC LOAN SERVICES, LLC, Plaintiff, By: /s/ Eric H. Lindquist Eric H. Lindquist, #18112 Halliday Watkins & Mann 8712 West Dodge Road, #260 Omaha, Nebraska 68114 Telephone (402) 829-0400 Attorney for Plaintiff elindquist@hwmlawfirm.com NOTICE OF HEARING TO: Defendants the Estate of Randy Forman; the Heirs, Legatees, Devisees, Personal Representatives, and All Other Persons Interested in the Estate of Randy Forman, Deceased, real names unknown; John Doe and Jane Doe, real names and marital status unknown. YOU ARE HEREBY NOTIFIED that the plaintiff shall call for hearing its Motion before the Honorable Julie D. Smith, District Court Judge, District Court of Otoe County, Nebraska, Otoe County Courthouse, Nebraska City, Nebraska, on the 8th day of April, 2024, at 11:00 o'clock a.m., by Video (Zoom)/Telephone Call, or as soon thereafter as counsel may be heard. /s/ Eric H. Lindquist Eric H. Lindquist, #18112 CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing Motion for Default Judgment was served upon the following individuals by regular United States mail, postage prepaid, this 18th day of March, 2024: Estate of Randy Forman 764 6th Street Syracuse, NE 68446 John Doe, real name unknown 764 6th Street Syracuse, NE 68446 Jane Doe, real name unknown 764 6th Street Syracuse, NE 68446 /s/ Eric H. Lindquist Eric H. Lindquist, #18112 Certificate of Service I hereby certify that on Monday, March 18, 2024 I provided a true and correct copy of the Motion-Default Judgment to the following: Doe,John, service method: First Class Mail Forman,Heirs of Estate of Randy, service method: First Class Mail Forman,Estate of Randy, service method: First Class Mail Doe,Jane, service method: First Class Mail Signature: /s/ Eric Lindquist (Bar Number: 18112)