Preview
Filed: 10/20/2023 1:02 PM
Clerk
Allen County, Indiana
ED
MDK # 23-007482
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
) SS:
COUNTY OF ALLEN ) CAUSE NO. 02D03-2307-MF-000213
Wintrust Mortgage, a division of Barrington
Bank & Trust Company, N.A.
Plaintiff,
vs.
John E. Fletcher, et al.
Defendants.
MOTION FOR ENTRY OF DEFAULT AND AGREED JUDGMENT AND DECREE OF
FORECLOSURE
Comes now the Plaintiff, Wintrust Mortgage, a division of Barrington Bank & Trust
Company, N.A. ("Plaintiff"), by counsel, and hereby requests the Court to enter judgment
against Tonner Lake Homeowners Association, Inc. in this cause of action and would show the
Court as follows:
1 A Summons was issued herein, and the return endorsed thereon shows that Tonner Lake
Homeowners Association, Inc. was duly served with process on July 31, 2023.
Pursuant to I.C. 32-30-10.5-8(a), the thirty day pre-suit notice was mailed to debtor, via
certified mail, return receipt requested, on or about January 31, 2023. A true and
accurate copy of the notice, along with its proofof mailing, is attached to Plaintiff's
Complaint as an exhibit. Additionally, Plaintiffs counsel provided the Settlement
23-007482_ RAK2
E8&
Conference Notice required by [.C. 32-30-10.5-8(c) in its Summons on eligible defendant
borrowers.
An Answer from the above-mentioned Defendant to said Complaint was due within
twenty (20) days from the date of service, or thirty (30) days from the last date of
publication in the case of service by publication, and no Answers have been filed within
that time nor has Defendant requested nor shown good cause why an enlargement of time
in which to respond should be granted.
No Appearance by counsel has been entered on behalf of Tonner Lake Homeowners
Association, Inc. in this cause as of the date of this Application.
The above-mentioned Defendant has defaulted herein by failing to tender an Answer in
this cause within the statutory time required.
More than twenty (20) days or, in cases of publication, if applicable, thirty (30) days has
elapsed since the service of process on the named Defendant.
Plaintiff files an Affidavit Regarding Military Status of the individual Defendants
herewith.
Pursuant to Indiana Trial Rule 55, and the facts described above, Tonner Lake
Homeowners Association, Inc. has wholly defaulted herein and Plaintiff is entitled to
judgment against said Defendant in amount consistent with the relief sought in its
Complaint.
Defendant, Leo Cedarville Regional Sewer District, was duly served and filed its Answer
by counsel, Adam M. Henry, and CONSENTS to the entry of this judgment herein.
10. Plaintiff, in its Complaint, suggested the death of Rebecca J. Fletcher. Plaintiff attaches a
copy of the Death Certificate (or SSDI search) regarding Rebecca J. Fletcher as an
23-007482_ RAK2
exhibit to this Motion. By virtue of this death, title has vested as a matter of law in the
remaining title holding defendants who are a party to this action. As a result of these
facts and incident to the Court's ruling upon Plaintiffs suggestion of death, Plaintiff also
requests that Rebecca J. Fletcher be dismissed as a party.
11 Defendant, John E. Fletcher, was duly served and filed its Answer and Plaintiff will file a
Trial Rule 56 Motion for Summary Judgment as to the claims against John E. Fletcher.
WHEREFORE, Plaintiff prays the Court that Plaintiff's Mortgage be foreclosed as a first
and prior lien on the subject property and be held superior to the interest, liens, and claims of the
above mentioned Defendants and all persons claiming from, under, or through them in the
subject property; and for all other just and proper relief.
Respectfully submitted,
/s/ Stephanie A. Reinhart
Stephanie A. Reinhart (25071-06)
J. Dustin Smith (29493-06)
Nicholas M. Smith (31800-15)
Chris Wiley (26936-10)
Manley Deas Kochalski LLC
P.O. Box 165028
Columbus OH 43216-5028
Telephone: 614-220-5611
Fax: 614-220-5613
Email: sef-SAReinhart@manleydeas.com
Attorneys for Plaintiff
23-007482_ RAK2
INDIANA STATE DEPARTMENT OF HEALTH
CERTIFICATE OF DEATH
= Local No 002899 EDR No 000002201593 ‘State No_2019-042639
| Dera Usain’ Os We Ta Waa Rae oma) Tear "¢ Troe OF Death | & ie OF DaR ORATOR TOR
REBECCA JOAN FLETCHER SANDERS Female 06:45 PM | oarte/2019
Unser Toe] 6S Undee: eA) Fa Unie Day Te Orso 1 eas (GW ond Baloo Fevoan ar
IpXcrerTeit-te| 72 Months Days = tos =pee Mites reYeoF=Tert-\e] eeIndianapolis, indianaliieeebice.
Ponte ea 10: Bbab Oceured H Aosta Tox. ¥ Deh Oca rere one Te
| Yes BIN ClUnksow | Bt toate CI Cnerarcy Doneriant Ounstert C) boas on Ave | Fone Hospice pony
Feeity 1D dosed Recep tern emnlans te re Faby
[i Fear (non Give Soot =r MEH] AR RVIEW H OSPITALait
TE Cay Tow Se A Tp Ce ii a uti Dea [Te Rana SEAT OD
Fort Wayne, indiana 46805 ‘Allen | Fy taaet Manes ta sept) : Oroced
a= | ver arog
7 mr i Spouee TS eee: Maioge "aceon Use! Ozcapaton | ota
JOHN EUGENE FLETCHER HOMEMAKER | OWN HOME
Te Pesaran Tia Conny i [aie OF Toe rag re . rat sees
IN Allen | Leo
1 And ee Ta Re =a Te ass OT
14718 RIDGECREST Drive 46765 Elyer C1No
1e Deca aan Dosasant Oars Org Ti Dagens Tee
High School graduate or GED completed Not SpanshiMigpanicr.atno Witte
= i i
|
Psat Na (a, aa Cay 28 Paci Nc (Fe, Ub, La Pr ia a a Pt Ware
RICHARD P SANDERS JOAN SANDERS BEAVER
|
a tomate Nana Pia Raaanatp To Dasa aR Neng RATER [SHOR Ara ROM, Cy, Sa, Tp Caso)
ANNA FLETCHER Daughter 14718 RIDGECREST Drive, Leo, IN, 46765
|
ikea1 Danas 2b Pinca ODitoster ar OF Comat. crenata, Oe Pace) 25: Lntaion Gi, Town Ara Sate 25 4 arses
J Bera L] Cremation [I Donation C) Ertomtme |
Di RemovatFron State MT PLEASANT CEMETERY || Greenwood, In
ner (6902
Was Crono CoraRET Taans ina le Rearend PAST as Feral re Uses Barba
Shirley Brothers Co,, Inc. FH10100017
Ores Bi no 9605 E WASHINGTON STREET, diana, 4622!
We, Spars OF iar Fane a an Tis Taso Nba) CeareeeF Ep 9390 128
Electronically Signed
mialersleiisye
n Cetfyng Gas OF Coat —_ - “©, Cantor (Shoe Or Ova)
“EEPRESY Eugene BROWN Electronically Signed Bh Coming Pryeeian net Ditsarram ofotear
"EE Nar, Rass Fd dp Cece OPI CG CS ODA 4, Leia Rube 5. Dae Conti
JEFFREY Eugene BROWNees 1900 eaneeet
CAREW ST 6, Fort Wayne, IN 46805 070759208 08/29/2019
“8, Rater Ferd Senice rover 7 ae
7 Spare eal eats Oh = 1 For mogisvarOnly ~ Dae Fed WorDay
DEBORAH A MCMAHAN Electronically Signed 09/03/2019
Si MENT TO CERTIFICATE OF DEATH (ENTRY OR ORIGINAL)
SeloHh pureve reeponstDlty, Oxeltro & volun ace Hove willbe no penal fo isa
‘Sila Fem G95 ATTENTION ESTATE: The Sodal Soanty Wie Gora roqubstad by He saze agony ore
& ay THE ABOVE IS A TRUE COPY OF THE RECORD ON FILE
WITH THE INDIANA STATE DEPARTMENT OF HEALTH.
zi
a
e
MAY: 10-2023
CERTIFICATE Not valid unless machine signed with multi-colored ribbon
State For 26217 (R2/ 7-09) fe Itis unlawful to reproduce this record,
500192
CERTIFICATE OF SERVICE
The undersigned hereby certify that a copy of the foregoing Motion for Entry of Default
Judgment was sent upon the following parties by ordinary first class U.S. Mail, postage prepaid,
or electronic mail (e-mail) on the date indicated below:
First Class U.S. Mail:
John E. Fletcher, 14718 Ridgecrest Drive, Leo, IN 46765
John E. Fletcher, 13625 Ridgeview Court, Grabill, IN 46741
Tonner Lake Homeowners Association, Inc., c/o Rubyann L. Felger, as Registered Agent,
14811 Ridgecrest Drive, Leo, IN 46765
Electronic Mail (e-mail):
Adam M. Henry, Attorney for Leo Cedarville Regional Sewer District,
amhenry@beersmallers.com
/s/ Stephanie A. Reinhart
Stephanie A. Reinhart
J. Dustin Smith
Nicholas M. Smith
Chris Wiley
10/20/23
Date
23-007482_ RAK2
Preview
Filed: 10/20/2023 1:02 PM Clerk Allen County, Indiana ED MDK # 23-007482 STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT ) SS: COUNTY OF ALLEN ) CAUSE NO. 02D03-2307-MF-000213 Wintrust Mortgage, a division of Barrington Bank & Trust Company, N.A. Plaintiff, vs. John E. Fletcher, et al. Defendants. MOTION FOR ENTRY OF DEFAULT AND AGREED JUDGMENT AND DECREE OF FORECLOSURE Comes now the Plaintiff, Wintrust Mortgage, a division of Barrington Bank & Trust Company, N.A. ("Plaintiff"), by counsel, and hereby requests the Court to enter judgment against Tonner Lake Homeowners Association, Inc. in this cause of action and would show the Court as follows: 1 A Summons was issued herein, and the return endorsed thereon shows that Tonner Lake Homeowners Association, Inc. was duly served with process on July 31, 2023. Pursuant to I.C. 32-30-10.5-8(a), the thirty day pre-suit notice was mailed to debtor, via certified mail, return receipt requested, on or about January 31, 2023. A true and accurate copy of the notice, along with its proofof mailing, is attached to Plaintiff's Complaint as an exhibit. Additionally, Plaintiffs counsel provided the Settlement 23-007482_ RAK2 E8& Conference Notice required by [.C. 32-30-10.5-8(c) in its Summons on eligible defendant borrowers. An Answer from the above-mentioned Defendant to said Complaint was due within twenty (20) days from the date of service, or thirty (30) days from the last date of publication in the case of service by publication, and no Answers have been filed within that time nor has Defendant requested nor shown good cause why an enlargement of time in which to respond should be granted. No Appearance by counsel has been entered on behalf of Tonner Lake Homeowners Association, Inc. in this cause as of the date of this Application. The above-mentioned Defendant has defaulted herein by failing to tender an Answer in this cause within the statutory time required. More than twenty (20) days or, in cases of publication, if applicable, thirty (30) days has elapsed since the service of process on the named Defendant. Plaintiff files an Affidavit Regarding Military Status of the individual Defendants herewith. Pursuant to Indiana Trial Rule 55, and the facts described above, Tonner Lake Homeowners Association, Inc. has wholly defaulted herein and Plaintiff is entitled to judgment against said Defendant in amount consistent with the relief sought in its Complaint. Defendant, Leo Cedarville Regional Sewer District, was duly served and filed its Answer by counsel, Adam M. Henry, and CONSENTS to the entry of this judgment herein. 10. Plaintiff, in its Complaint, suggested the death of Rebecca J. Fletcher. Plaintiff attaches a copy of the Death Certificate (or SSDI search) regarding Rebecca J. Fletcher as an 23-007482_ RAK2 exhibit to this Motion. By virtue of this death, title has vested as a matter of law in the remaining title holding defendants who are a party to this action. As a result of these facts and incident to the Court's ruling upon Plaintiffs suggestion of death, Plaintiff also requests that Rebecca J. Fletcher be dismissed as a party. 11 Defendant, John E. Fletcher, was duly served and filed its Answer and Plaintiff will file a Trial Rule 56 Motion for Summary Judgment as to the claims against John E. Fletcher. WHEREFORE, Plaintiff prays the Court that Plaintiff's Mortgage be foreclosed as a first and prior lien on the subject property and be held superior to the interest, liens, and claims of the above mentioned Defendants and all persons claiming from, under, or through them in the subject property; and for all other just and proper relief. Respectfully submitted, /s/ Stephanie A. Reinhart Stephanie A. Reinhart (25071-06) J. Dustin Smith (29493-06) Nicholas M. Smith (31800-15) Chris Wiley (26936-10) Manley Deas Kochalski LLC P.O. Box 165028 Columbus OH 43216-5028 Telephone: 614-220-5611 Fax: 614-220-5613 Email: sef-SAReinhart@manleydeas.com Attorneys for Plaintiff 23-007482_ RAK2 INDIANA STATE DEPARTMENT OF HEALTH CERTIFICATE OF DEATH = Local No 002899 EDR No 000002201593 ‘State No_2019-042639 | Dera Usain’ Os We Ta Waa Rae oma) Tear "¢ Troe OF Death | & ie OF DaR ORATOR TOR REBECCA JOAN FLETCHER SANDERS Female 06:45 PM | oarte/2019 Unser Toe] 6S Undee: eA) Fa Unie Day Te Orso 1 eas (GW ond Baloo Fevoan ar IpXcrerTeit-te| 72 Months Days = tos =pee Mites reYeoF=Tert-\e] eeIndianapolis, indianaliieeebice. Ponte ea 10: Bbab Oceured H Aosta Tox. ¥ Deh Oca rere one Te | Yes BIN ClUnksow | Bt toate CI Cnerarcy Doneriant Ounstert C) boas on Ave | Fone Hospice pony Feeity 1D dosed Recep tern emnlans te re Faby [i Fear (non Give Soot =r MEH] AR RVIEW H OSPITALait TE Cay Tow Se A Tp Ce ii a uti Dea [Te Rana SEAT OD Fort Wayne, indiana 46805 ‘Allen | Fy taaet Manes ta sept) : Oroced a= | ver arog 7 mr i Spouee TS eee: Maioge "aceon Use! Ozcapaton | ota JOHN EUGENE FLETCHER HOMEMAKER | OWN HOME Te Pesaran Tia Conny i [aie OF Toe rag re . rat sees IN Allen | Leo 1 And ee Ta Re =a Te ass OT 14718 RIDGECREST Drive 46765 Elyer C1No 1e Deca aan Dosasant Oars Org Ti Dagens Tee High School graduate or GED completed Not SpanshiMigpanicr.atno Witte = i i | Psat Na (a, aa Cay 28 Paci Nc (Fe, Ub, La Pr ia a a Pt Ware RICHARD P SANDERS JOAN SANDERS BEAVER | a tomate Nana Pia Raaanatp To Dasa aR Neng RATER [SHOR Ara ROM, Cy, Sa, Tp Caso) ANNA FLETCHER Daughter 14718 RIDGECREST Drive, Leo, IN, 46765 | ikea1 Danas 2b Pinca ODitoster ar OF Comat. crenata, Oe Pace) 25: Lntaion Gi, Town Ara Sate 25 4 arses J Bera L] Cremation [I Donation C) Ertomtme | Di RemovatFron State MT PLEASANT CEMETERY || Greenwood, In ner (6902 Was Crono CoraRET Taans ina le Rearend PAST as Feral re Uses Barba Shirley Brothers Co,, Inc. FH10100017 Ores Bi no 9605 E WASHINGTON STREET, diana, 4622! We, Spars OF iar Fane a an Tis Taso Nba) CeareeeF Ep 9390 128 Electronically Signed mialersleiisye n Cetfyng Gas OF Coat —_ - “©, Cantor (Shoe Or Ova) “EEPRESY Eugene BROWN Electronically Signed Bh Coming Pryeeian net Ditsarram ofotear "EE Nar, Rass Fd dp Cece OPI CG CS ODA 4, Leia Rube 5. Dae Conti JEFFREY Eugene BROWNees 1900 eaneeet CAREW ST 6, Fort Wayne, IN 46805 070759208 08/29/2019 “8, Rater Ferd Senice rover 7 ae 7 Spare eal eats Oh = 1 For mogisvarOnly ~ Dae Fed WorDay DEBORAH A MCMAHAN Electronically Signed 09/03/2019 Si MENT TO CERTIFICATE OF DEATH (ENTRY OR ORIGINAL) SeloHh pureve reeponstDlty, Oxeltro & volun ace Hove willbe no penal fo isa ‘Sila Fem G95 ATTENTION ESTATE: The Sodal Soanty Wie Gora roqubstad by He saze agony ore & ay THE ABOVE IS A TRUE COPY OF THE RECORD ON FILE WITH THE INDIANA STATE DEPARTMENT OF HEALTH. zi a e MAY: 10-2023 CERTIFICATE Not valid unless machine signed with multi-colored ribbon State For 26217 (R2/ 7-09) fe Itis unlawful to reproduce this record, 500192 CERTIFICATE OF SERVICE The undersigned hereby certify that a copy of the foregoing Motion for Entry of Default Judgment was sent upon the following parties by ordinary first class U.S. Mail, postage prepaid, or electronic mail (e-mail) on the date indicated below: First Class U.S. Mail: John E. Fletcher, 14718 Ridgecrest Drive, Leo, IN 46765 John E. Fletcher, 13625 Ridgeview Court, Grabill, IN 46741 Tonner Lake Homeowners Association, Inc., c/o Rubyann L. Felger, as Registered Agent, 14811 Ridgecrest Drive, Leo, IN 46765 Electronic Mail (e-mail): Adam M. Henry, Attorney for Leo Cedarville Regional Sewer District, amhenry@beersmallers.com /s/ Stephanie A. Reinhart Stephanie A. Reinhart J. Dustin Smith Nicholas M. Smith Chris Wiley 10/20/23 Date 23-007482_ RAK2