Fill and Sign the This Matter is Heard Ex Parte Form

JDF 258A R7/00 TEMPORARY ORDER AND CITATION 1 Small Claims Court_________________________________________ County, ColoradoCourt Address:PLAINTIFF(S):Address:City/State/Zip:Phone (Home/Work):DEFENDANT(S):Address:City/State/Zip:Phone (Home/Work): COURT USE ONLY Case Number:Division Courtroom TEMPORARY ORDER AND CITATION ENFORCEMENT OF RESTRICTIVE COVENANT ON RESIDENTIAL PROPERTY THIS MATTER is heard ex parte. __________________________________________________________ appears on behalf of the Plaintiff. The Court has examined the claim filed, and has heard the testimony of the Plaintiff, and:THE COURT FINDS:1.The Small Claims Court appears to have subject matter jurisdiction over this action.2. The Plaintiff is a proper party in interest.3. Defendant owns/possesses the residential property identified in the claim.4. There is a restrictive covenant of record, which restricts the use of the property.5. It appears that the Defendant is in violation of such covenant by:6.It appears that there is a substantial likelihood Plaintiff will prevail at trial on the merits of this case.7. It appears that irreparable harm will accrue to the Plaintiff unless a temporary order issues immediately, without notice to the Defendant, relating to initiating or continuing any violation of the covenant.IT IS THEREFORE ORDERED that immediately upon service of a copy of this TEMPORARY ORDER, the Defendant shall: IT IS FURTHER ORDERED THAT THE DEFENDANT IS CITED AND ORDERED TO APPEAR before this Court at Courtroom/Division ______________ on (date) ______________________, at (time) ___________________ to show cause,if any, why this TEMPORARY ORDER should not be made permanent. If the Defendant fails to appear in Court on the abovedate and time, the TEMPORARY ORDER shall be made permanent, if the Plaintiff requests, and a bench warrant may issue for the Defendant’s arrest. Private process server may serve this order.ANY VIOLATION OF THIS TEMPORARY ORDER MAY CONSTITUTE CONTEMPT OF COURT WHICH MAY BE PUNISHED BY IMPRISONMENT, FINES, DAMAGES, ATTORNEY FEES, AND COSTS TO VINDIATE THE DIGNITY OF THE COURT. BY THE COURT: Date: _______________________________________ ___________________________________________ Judge/Magistrate JDF 258A R7/00 TEMPORARY ORDER AND CITATION 2 CERTIFICATE OF PERSONAL SERVICE I served a copy of this form, the answer form, and any attachments by delivering them in ______________________________ County, State of Colorado, as shown below:____________________________________________________________________________________________________Name of Person Served Address Where Served Date of Service____________________________________________________________________________________________________How Service Was Made and List of any Attachments Served ___________________________________________Process Server Subscribed under oath before me on:(date) _______________________________________ ___________________________________________ Notary Public My commission expires: _________________________