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Home My WebLink About972139J STATE OF WYOMING J ss. %C COUNTY OF LINCOLN NOTICE OF FILING JUDGMENT COMES NOW Thomas C. Stanton, attorney for Dorothy Phillips, and hereby being duly sworn and subscribed states as follows: 1. I represent Dorothy Phillips, a resident of the State of Wyoming. 2. On February 1, 2011, I caused to be filed on Dorothy Phillips' behalf a Complaint in the Third Judicial District Court for the County of Lincoln, State of Wyoming, Civil Action No. CV- 2011 -40 -DC against Mr. Frederick J. Kuehn, Jr., of Etna, Wyoming. 3. On July 18, 2013, that Order and Judgment Upon Trial issued from the Third Judicial District Court for the County of Lincoln, State of Wyoming, Civil Action No. CV- 2011- 40 -DC, and attached for filing is a certified copy of that Order and Judgment Upon Trial. Said Order and Judgment Upon Trial found against Mr. Frederick J. Kuehn, Jr., of Etna, Wyoming in the amount of $33,451.91 through the date of judgment, with post judgment interest to accrue until full and final satisfaction of judgment. 4. Mr. Frederick J. Kuehn, Jr., is believed to be the owner of the following real property consisting of two (2) parcels, located in Lincoln County, Wyoming: That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 36 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 248 of Photostatic Records on page 3100 described as follows: Beginning at the Southwest spike of that tract of record in said Office in Book 344 of Photostatic Records on page 165, on the South 1 RECEIVED 7/22/2013 at 2:04 PM RECEIVING 972139 BOOK: 816 PAGE: 188 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0188 line of said Southeast Quarter of the Southwest Quarter, North 89 °37.5' West, 195.00 feet from the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence North 00 °09.9' West, 472.56 feet along the West line of said tract, to the Northwest point thereof; thence North 82 °40.2' West 696.12 feet to the Northeast point of that tract of record in said Office in Book 353 of Photostatic Records on page 593; thence South 00 °09.9' East 556.86 feet along the East line of said tract in Book 353, to the Southeast spike thereof, on the South line of said Southeast Quarter of the Southwest Quarter; thence South 89 °37.5' East, 690.20 feet, along said South line, to the Point of Beginning. DATED this 22nd day of July, 2013. STATE OF WYOMING ss. COUNTY OF TETON ACKNOWLEDGMENT WITNESS my hand and official seal. BARBARA E. TKACH NOTARY PUBLIC COUNTY OF ;fr STATE OF TETON WYOMING MY COMMISSION EXPIRES 4 2 Notary Public Thomas C. Stanton, Attorney Stanton Law Offices LLC P.O. Box 4698, Jackson, WY 83001 (307) 739 -2200, fax (888) 771 -8095 The foregoing instrument was acknowledged before me by THOMAS C. STANTON this 22nd day of July, 2013. My Commission Expires: O19 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT WITHIN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING DOROTHY PHILLIPS, Plaintiff, vs. FREDERICK J. KUEHN JR., Defendant. ORDER AND JUDGMENT UPON TRIAL 0190 CV- 2011 -40 -DC JUL 1 8 2013 KENNETH4 D ROBERTS CLERKOFDISTRICTCOURT 3rd JUDICIAL DISTRICT LINCOLN COUNTYrSTATE OF:WYOMING THIS MATTER came to be heard before the Court for trial on March 16, 2012. The Plaintiff, Dorothy Phillips, was personally present and represented by counsel, Thomas C. Stanton, Attorney at Law, of Jackson, Wyoming. The Defendant, Frederick J. Kuehn, Jr., was personally present and represented by E. Frank Hess, Attorney at Law, of Jackson, Wyoming. THE COURT, upon the testimony of witnesses, the introduction of evidence and arguments of counsel and otherwise being fully advised in the premises hereby FINDS and CONCLUDES that for the reasons set forth in the Court's Amended Unredacted Decision Letter Following Bench Trial With Findings and Conclusions dated June 11, 2013 on file herein and which is incorporated by this reference, Plaintiffs claims for Money Had and Received and Damages are hereby granted. Defendant's claims are hereby dismissed. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. Plaintiff's claims for Money Had and Received and Damages are Hereby granted. Defendant's claims are hereby dismissed. 2. Plaintiff Dorothy Phillips is awarded a money judgment in the principal sum of $17,254.23 and Plaintiff should recover this money judgment from Defendant.Frederick J. Kuehn, Jr. 3. In addition, Plaintiff Dorothy Phillips is awarded a money judgment for prejudgment interest, which interest should be recovered from Defendant Frederick J. Kuehn, Jr. This prejudgment interest shall be imputed at seven percent (7 per annum on each payment Plaintiff made to Defendant, calculated from the time that a particular payment was made, to and including the date of filing of this Order and Judgment Upon Trial. No annual or other compounding of prejudgment interest shall occur. i. Said prejudgment interest totals $16,039.28 through May 31, 2013, and shall accrue $3.30 on each day thereafter through the date of filing of this Order and Judgment Upon Trial, as is calculated and set forth in the exhibit and attachments to Plaintiff's Response to Defendant's Objection filed May 28, 2013. 4. Postjudgment interest of ten percent (10 per annum is awarded to Plaintiff and should be recovered from Defendant on the principal sum and prejudgment interest amount beginning the day after the date of filing of Phillips v. Kuehn, CV Page 2 of 4 0191 DATED this Approved By: this Order and Judgment Upon Trial until the total judgment amount is paid in full. No annual or other compounding of postjudgment interest shall occur. 5. Each party is responsible for his or her own respective attorney fees. IT IS SO ORDERED. `/"?Aliva&z‘ day of Thomas C. Stanton (Wyo. Bar No. 6 -4226) Stanton Law Offices, LLC 970 Broadway, Ste. 219 P.O. Box 4698 Jackson, WY 83001 -4698 Attorney for Plaintiff E. Frank Hess (Wyo. Bar No. 5 -2159) Hess, Carman D'Amours LLC 30 East Simpson Street P.O. Box 449 Jackson, WY 83001 -0449 Attorney for Defendant 0192 MARVIN District Cou` Phillips v. Kuehn, CV- 2011 -40 -DC Page 3 of 4 7 1z :/rpm 11 &or o s U.1. z O 3 Q j _r- L Thomas C. Stanton, Esq. Stanton Law Offices LLC P.O. Box 4698 Jackson, WY 83001 -4698 Frank Hess, Esq. Hess Carlman D'Amours, LLC P.O. Box 449 Jacksont WY 83001 -0449 CERTIFICATE OF SERVICE I, �n 1i)b J,', Deputy Clerk of Court, Lincoln County, Wyoming, here y certify that I served true correct copies of the foregoing on the 161 day of G 2013, to the following: By. irN Psi cJ 1 Philips v. Kuehn, CV- 2011 -40 -DC Page 4 of 4 0193