Document for Rick Payne v. Judy Troupe, Paul Troupe

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                                Filed: 12/13/2023 3:01 PM
                                                                                        Madison County Circuit Court 5
                                                                                              Madison County, Indiana




STATE OF INDIANA               )        IN THE MADISON CIRCUIT COURT
                               ) SS:
COUNTY OF MADISON              )        CAUSE NO. 48C05-2311-PL-000159

RICK PAYNE
      Plaintiff

v.

PAUL TROUP
     Defendant
     MOTION TO LEAVE TO AMEND TO FILE AMENDED VERIFIED COMPLAINT
             TO FORECLOSE AND/OR CANCEL LAND CONTRACT

     Plaintiff, Rick Payne, by counsel, pursuant to Indiana Trial Rule 15 hereby files a Motion for
Leave to Amended Verified Complaint to Foreclose and/or Cancel Land Contract, states the
following in support of said motion
     1. On November 6, 2023, Plaintiff filed a Notice of Claim against the Defendant, Paul
        Troup and Judy Fowler, misidentified as Judy Troupe in his notice.
     2. Plaintiff alleged that Defendants owed him $1,200.00 in rent.
     3. On November 20, 2023, this Court determined that due to this matter concerning a land
        contract and the Plaintiff was given 30 days to transfer this matter to the plenary docket
        and to file copy of contract.
     4. Plaintiff transferred this matter to plenary docket on November 20, 2023.
     5. A bench trial on the issue is currently scheduled for December 19, 2023 at 10:00 a.m.
     6. Plaintiff retained counsel on November 28, 2023.
     7. Due to this matter involving a land contract, it is appropriate that a Complaint to
        Foreclose and/or Cancel Land Contract be filed with this Court.
     8. Further, Plaintiff misspelled Defendant, Paul Troupe’s last name. The Defendant should
        be Paul Troup.
     9. Further, Defendant, Judy Fowler, who was misidentified as Judy Troupe in Plaintiff’s
        Notice of Claim, was not a party to the land contract and therefore should not be a
        Defendant in this matter.
     10. Additional investigation also indicated that the alleged damages are more significant than
        the $1,200.00 that Plaintiff alleged in his Notice of Claim.
   11. Justice requires that Plaintiff be allowed to amend his Complaint to Foreclose and/or
       Cancel Land Contract so that the Plaintiff’s claims may be fully and fairly litigated.
   12. Defendant, Paul Troup, will not be prejudiced by the Amended pleading, as no discovery
       has been filed in this matter and the bench trial is set for December 19, 2023 at 10:00
       a.m.
       WHEREFORE, Plaintiff, Rick Payne, by counsel, requests that the court grant leave to
amend the original Petition for Dissolution as shown in Exhibit “A” hereto, and order that the
Amended Petition for Dissolution is deemed filed with the granting of said motion.
                                             Respectfully submitted,


                                             /s/ Marcus Henderson
                                             Marcus Henderson, # 24223-49
                                             ATTORNEY FOR THE DEFENDANT
                                             Marcus Procter Henderson, Attorney at Law
                                             316 South Anderson Street
                                             Elwood, Indiana 46036
                                             Phone No.: 765-551-8100
                                             Fax No.: 765-334-0660
                                             Email: mhenderson@mphendersonlaw.com


                                CERTIFICATE OF SERVICE

        The undersigned hereby certifies that, pursuant to Rule 86(G) of the Indiana Rules of
Trial Procedure, a copy of the foregoing has been served via E-Service through the Indiana E-
Filing system, or by First Class United States Mail, postage prepaid, on December 13, 2023 to:

Paul Troup
1009 N 18th ST
Elwood, IN 46036

Judy Fowler
1009 N 18th ST
Elwood, IN 46036

                                                     /s/ Marcus Henderson
                                                     Marcus Henderson, # 24223-49
                                                     Attorney for the Plaintiff