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HomeMy WebLinkAbout9587251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECEIVED 4/4/2011 at 10:49 AM RECEIVING 958725 BOOK: 764 PAGE: 847 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SHEPARD LAW OFFICES, P.C. an Oregon Corporation, Lynn Shepard, and Vanessa Carter, v. JAMES IVAN RIDGE, Plaintiffs, Defendant. Page 1- GENERAL JUDMENT AND MONEY AWARD SHEPARD LAW OFFICES, P.C. 66 Club Road, Suite 200 Eugene, OR 97402 (541) 485- 3222/Fax (541) 344 -7487 000847 Case No. 16 -10 -03372 FIL D AT.../.a44.4'CLOC NOV 10 ._010 Orcnit Court For Lane IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY In the Matter of: GENERAL JUDGMENT AND MONEY AWARD THIS MATTER came regularly for trial before the Honorable Suzanne B. Chanti on October 13, 2010. Plaintiffs appeared personally and through plaintiffs' attorney Lynn Shepard. Defendant appeared personally, pro se. Each party agreed to waive its right to a trial by jury and each party consented to instead have all issues tried by the Court. Thereafter, testimony and other evidence were introduced by the parties concerning the existence of a contract and the amount owed plaintiffs for plaintiffs' performance of their obligations under that contract. Testimony and other evidence was also introduced by the parties concerning those counterclaims of defendant which were not dismissed prior to the start of trial. The court, having heard arguments by the parties and counsel and being fully advised, concluded that a contract existed between the parties, and that defendant is indebted to plaintiffs for plaintiffs' performance. The court also concluded that each of defendant's remaining counterclaims should be dismissed and that defendant should not recover any amount for any of his counterclaims. 000848 1 FINDINGS OF FACT: 2 1. The Court has jurisdiction over the parties. 3 2. The Court has subject matter jurisdiction over the claims brought by 4 plaintiffs and over the defendant's counterclaims number four, six, seven, eight and 5 nine. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The Court lacks subject matter jurisdiction over defendant's counterclaims numbered one, two, and three. 4. Defendant voluntarily withdrew his counterclaim number eight and that counterclaim is dismissed. 5. Defendant's counterclaim number five was previously dismissed; 6. Defendant's counterclaim number seven and nine are dismissed because they are barred by the statute of limitations. 6. Defendant's produced insufficient evidence to prove his counterclaims four and six. IT IS THEREFORE ORDERED AND ADJUDGED as follows: 1.• Defendant's counterclaims number one through nine are hereby dismissed and defendant shall recover no amount as damages for those counterclaims; 2. Plaintiffs have judgment against defendant in the sum of $44,409.04, together with costs and disbursements in an amount to be determined by supplemental judgment in accordance with ORCP 68, on plaintiffs' claim number one. 3. Money Award. JUDGMENT CREDITOR: Lynn Shepard and /or Shepard Law Offices, P.C. CREDITOR'S ATTORNEY: Lynn Shepard 66 Club Road Eugene, OR 97401 (541) 485 -3222 JUDGMENT DEBTOR: James Ivan Ridge Page 2- GENERAL JUDMENT AND MONEY AWARD SHEPARD LAW OFFICES, P.C. 66 Club Road, Suite 200 Eugene, OR 97402 (541) 485-3222/Fax (541) 344 -7487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date of Birth: Social Security Number: DEBTOR'S ATTORNEY: Judgment Amount: Post Judgment Interest: Costs and disbursements Dated this /0 day of Prepared and submitted by: Lynn Shepard, OSB #801073 Shepard Law Offices P.C. 66 Club Road, Ste 200 Eugene, OR 97401 Attorney for Plaintiffs Page 3- GENERAL JUDMENT AND MONEY AWARD SHEPARD LAW OFFICES, P.C. 66 Club Road, Suite 200 Eugene, OR 97402 (541) 485- 3222/Fax (541) 344 -7487 1382 Crow Creek Road Afton WY 83110 00 8 Protected by UTCR 2.100 Protected by UTCR 2.100 None $44,495.04 Nine percent (9 per annum, said interest running from the date of entry of the judgment To be determined by supplemental judgment in accordance with ORCP 68. MAJ-e be4 2010. nti, Circuit Court Judge 4144' 9 uo.8aj A o A8 0 I O auel woo }InoJ13 11 I 2 031VO •Nviaoisna 11/1 3H1 WV 1 110111M JO 01 \1__V 3OWo S N NI 0311J SI HOIHM'S3Jtld JO ONUSISNOO 18318030a 1BNI01 381 JO Ad03 3081 d 38 01 0 v