HomeMy WebLinkAbout970520v s.
ZZ
To Whom It May Concern:
IN THE DISTRICT COURT OF THE STATE OF WYOMING
IN AND FOR LINCOLN COUNTY
THIRD JUDICIAL DISTRICT
KATHRYN LOUISE PERKES
ADMINISTRATOR OF THE ESTATE OF
BRYAN RICHARDS PERKES, LINCOLN
COUNTY, WYOMING, CASE NO.
PR- 2012 -47 -DC AND ON HER
OWN BEHALF AND ON BEHALF OF
CHARLIE PERKES AND MAGGIE PERKES,
Plaintiffs,
PHILLIP R. PERKES, EXECUTOR, IN
THE MATTER OF THE ESTATE OF:
ORSON DEE PERKES, DECEASED;
and
JOHN DOE(S) AND JANE DOE(S),
Defendants.
NOTICE OF LIS PENDENS
Page 1 of 3
Case No: CV- 2012 154 -DC
i 4
RECEIVED 4/17/2013 at 2:14 PM
RECEIVING 970520
BOOK: 809 PAGE: 514
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Pursuant to W. S. 1 -6 -108, Kathryn Louise Perkes, Administrator of the Estate of Bryan
Richards Perkes, Lincoln County, Wyoming, Case No. PR- 2012 -47 -DC and on her own behalf and
on behalf of Charlie Perkes and Maggie Perkes, by and through their attorney, J. Denny Moffett of
Moffett Associates, PC, hereby give notice that there is currently a pending action, Civil Case No
CV -2012- 154 -DC, which has been filed with the District Court of Lincoln County, Wyoming, Third
Judicial District in and for the State of Wyoming The following information is provided to all
parties:
1. The Plaintiffs in the above referenced action are Kathryn Louise Perkes,
Administrator of the Estate of Bryan Richards Perkes, Lincoln County, Wyoming,
Case No. PR- 2012 -47 -DC and on her own behalf and on behalf of Charlie Perkes and
Maggie Perkes.
2. The Defendants are Phillip R. Perkes, Executor, in The Matter of the Estate Of Orson
Dee Perkes, Deceased, and John Doe(s) and Jane Doe(s).
3. The Complaint filed by the Plaintiffs disputes ownership and control of the Perkes
Hereford Ranch Limited Partnership and the underlying real property. Said real
property is described in Exhibit "A" attached hereto and made a part hereof; subject
to all easements, exceptions, restrictions, reservations, and rights of way of sight or
record.
4. Plaintiffs have made claims for breach of contract, misrepresentation, unjust
enrichment, estoppel, specific performance, tortious interference with contract, undue
influence and damages.
5. More information about the Plaintiffs' claims can be found in the files of the District
Court of Lincoln County, Wyoming, Third Judicial District, specifically the
Complaint.
6. All parties are hereby put on notice of this action.
Dated this /I day of April, 2013.
Page 2 of 3
Respectfully submitted:
By: 11/01"(
J. De y Moffett, q.
WY Bar No. 6 -3521
Moffett Associates, P.C.
140 South Cache Street,
P. O. Box 4797
Jackson, WY 83001
(307) 733 -8734
Fax: (307) 733 -3994
and
Richard J. Mulligan, Esq.
WY Bar No. 5 -1731
P. O. Box 1066
40 East Simpson
Jackson, WY 83001
(307) 733 -5961
Fax: (307) 733 -5847
Attorneys for Creditor,
Kathryn Louise Perkes
Administrator of the Estate of
Bryan Richards Perkes, Lincoln
County, Wyoming, Case No.
PR- 2012 -47 -DC and On Her
Own Behalf and On Behalf of
Charlie Perkes and Maggie Perkes
STATE OF WYOMING
SS.
COUNTY OF TETON
J. Denny Moffett, being first duly sworn upon oath, deposes and states that he has read the
Notice ofLis Pendens and hereby verifies that the statements contained therein are true and correct
to the best of his knowledge and belief.
Dated this /g-- day of April, 2013.
[S E A L]
Witness my hand and seal.
My Commission Expires:
CARRIE L. DANIEL NOTARY PUBLIC
County 01
Lincoln
State of
Wyoming
My Commission Explre$ December 12, 2013
VERIFICATION
Page 3 of 3
/9/
J envy Moffe
Subscribed and sworn to before me, a Notary Pubic, by J. Denny Moffett, this
April, 2013.
ay of
Subject Identification Legal Description
The subject property is 616.01 Acres. The property is located to the northwest of Etna, Wyoming.
The legal description is as follows:
and,
Statement of Ownership
Lots 1, 2, a 3, and also E 1/2 of Section 21 Vl6
N,, R 119 W, cat the 6th P.tI., Wyoming;
.A &eginning at the NW Corner of Section 22, T
3f It, It 119 w- of the 6th P.N. Wyoming and
r ar ning thence East 21 reds, theence in a eolith
westerty direction 40 rods, thence North 31 reds
to the p) ge of beginning, containing 3 acrree more
or laasi
r►d al Seginning at the Northwest CCorne Q f
the $w 1/4 of Section 22, T 36 N., A 119 V. of the
6th P.M.., Wyoming and running thence East 160
rods, thence South 2 rods, thence West 160 reds,
then c e North 2 rods to the point of beginning.
cnpting therefrom, however, Pteginn.ing at the
Southeast Corner of !tlhi iiortheast Quarter of Sec
tion.21,, r 36 N•, P 3.1.9 w. of the 6th P.M.,
wyaaing, end ruiLTti tg thieece North 12 rods, thence
We*t 40 rod t, thence Barth 12 .rode, thence East 40
rods to the place of begiteing.
Also excepting t crcfrsq,, hewevc,r A rigtttr -0;-=gray
;Pt 'tha c enp3` and irrigation works of the Lower
valliky.Poyet 6 Light, In as the same appears of
recprd lb Lincoln county, Wasting in Moak 22 of
Deede ?et Page 39.
N 1/2 B 1 enc. 22 T 36 N., R 119 W.. fth
P.N. Excepting the following described paree1:
Beginning at the NW corner of the SW 1/4 and
running east 160 rods: thence south. 2 r cads; thence
west 1f0 rods; thence north 2 rods to the piece af
beginning The parcel: to be conveyed containing
78 acres, nbre or less, reserving pineral rights
not owned by this greater, and reserved in prior
conveyance*.
Together with all water and water rights, eprink-
ler and sprinkler ey stema, Improvements and appur
tenancam belonging to said lands.
situate in the county of Lincoln.., in the t,ete of Wyoming.
According to the Lincoln County Assessor's Office, Perkes Hereford Ranch, Limited Partnership owns the
subject property according to Quitclaim Deed Book 170 Page 588 -589.
EXHIBIT
fl
or