On February 13, 2024 a
Party Notice
was filed
involving a dispute between
Estell, Julie A.,
and
Branam, Mark,
for PL - Civil Plenary
in the District Court of Parke County.
Preview
61C01-2402-EV-000035 Filed: 2/13/2024 3:43 PM
Clerk
Parke Circuit Court Parke County, Indiana
SMALL CLAIMS COMPLAINT
Bankg County Small Claims Division
Parke Circuit Court
Clerk's telephone number: 765-569-4000
Case Number:
Plaintiff requesm service by:
D Sheriff of Barks County
D Certified mail
Plaintiff 1lulie A. Estell
Defendant 1 Mark Branam
Plaintiff 2
Address 913 Maple Drive
Address 7967 E Oak Drive
Address
Address
City Rockville
City Rockville State IN
State IN Zip 47872
Zip 47872 Telephone
Telephone 765-592-2616 Email
Email iestell@att.net
If Plaintiff is represented
by an attorney:
Attorney Defendant 2
Attorney number Address
Address Address
Address
City
City State Zip
State Zip Telephone
Telephone Email
Email
The Plaintiffis) asks the court to enter a
judgment against the Defendant(s) for $ 0 plus court
costs and to issue an order for eviction because Defendant rented the
property located at:
913 Maple Drive, Rockville IN 47872
(if there is a written rental agreement/lease it is attached) and
D rent is past due in the amount of $ : and/or
fl the rental agreement/lease was violated as follows
There is no rental agreement, I asked him to leave in August
20%he is still there. I am concerned
n4- ' LH'u u' n 0-, a; I
Date
Pl n or Plaintiff s attorney signature
CLERK'S NOTICE OF CLAIM FOR POSSESS N RENT DUE AND DAMAGES
You (the Defendant) have been sued by the Plaintiff. You must go to a court
hearing on the
following days and times:
1. You must appear for an immediate possession (eviction) hearing on:
Date: Time:
Location: Parke Circuit Court
2. You must appear for a trial on damages and money owed on:
Date: Time:
Location: Parke Circuit Court
You have a right to a jury trial. To demand a jury trial, a person must file an affidavit that idenfifies a fact
that is disputed (a fact that the Petitioner says is true and the Defendant says is not true). The affidavit
must follow Indiana Code 33-29-2-7 and say that the Defendant is acting in good faith and it must be filed
within ten (10) days of receiving this notice. If the request for a jury trial is granted, you must pay the fee
within ten (10) days. If you do not make the request or pay the fee on fime, you no longer have a right to
a jury trial. If the court grants a jury trial, it cannot be withdrawn unless the other party agrees.
Clerk
Page 1 0'2 Approved by the Coalition for Court A0055
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IMPORTANT INFORMATION ABOUT THIS CLAIM
1. INDIANA HAS A FREE LANDLORDI'TENANT SETTLEMENT PROGRAM. Landlords and
Tenants can request to use the settlement program at
https:[[www.in.gov/conrtszselfservicelfacilitatel.
If a settlement is made out of court, it should be in
writing and signed by the Plaintiff and Defendant. The
wn'tten settlement needs to be given to the court and it will have the same effect as a
judgment given by
the court.
2. You can represent yourself in court, or
you can have an attorney represent you.
3. A small claims manual and court rules can be found at:
claims-manual!
hflpszflwww.in.govlcourtslpublicafionslsma]l-
4. Bring all documents and wimesses that
you want the court to see to the hearing with you.
5. If the Defendant does not show
up for a court date, a decision may be made against them (default
iudgrnent). If a Peu'tioner does not show up, the case may be dismissed. However, the Petitioner may be
able to file it again.
6. Even if a Defendant agrees that what the Petitioner has said is
true, a Defendant may sfill want to show
up for hearing to help decide on how payment will be made.
7. If you cannot go to court on a
hearing date you will need to a5k the court for a new date by filing a
Motion to Continue. You should file the motion as soon as
possible. The court may or may not grant the
motion.
8. If the Defendant has a daini
against the Plaintiff, the Defendant may want to file a counterclaim. It has
to be filed with the court early enough so that the Plaintiff receives it at least seven
(7) days before the
hearing.
RETURN OF SUMMONS CERTIFICATE OF MAILING (If applicable)
Ihereby cerfify that on Imailed a copy of this Notice of
Claim to each of the defendants
by certified mail
requesting a return receipt sigied by the addressee only, addressed to each of said defendans
at the addresses furnished by the Plaintiff.
Date:
Clerk
RETURN BY SHERIFF OR OTHER PERSON OF SUMMONS (If applicable)
I hereby certify that on the below date:
D I served this Notice of Claim for Possession, Rent Due and Damages by delivering a copy to the
Defendant;
U I served this Notice of Claim for Possession, Rent Due and Damages by leaving a copy:
D at the dwelling or usual place of abode of Defendant;
D with a person of suitable age and discretion residing therein, namely
D and by mailing a copy of this Notice of Claim for Possession, Rent Due and Damages to the Defendant,
by first class mail, to the address listed on the Notice of Claim for Possession, Rent Due and Damages
(date copy mailed if different from below: l
D I was unable to serve this Nofice of Claim for Possession, Rent Due and Damages because
Date:
Sheriff of County
By:
Page 2 of 2 Approved by the Coalition for Court Accas
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Document Filed Date
February 13, 2024
Case Filing Date
February 13, 2024
Category
PL - Civil Plenary
Status
02/21/2024 , Pending (active)
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Preview
61C01-2402-EV-000035 Filed: 2/13/2024 3:43 PM Clerk Parke Circuit Court Parke County, Indiana SMALL CLAIMS COMPLAINT Bankg County Small Claims Division Parke Circuit Court Clerk's telephone number: 765-569-4000 Case Number: Plaintiff requesm service by: D Sheriff of Barks County D Certified mail Plaintiff 1lulie A. Estell Defendant 1 Mark Branam Plaintiff 2 Address 913 Maple Drive Address 7967 E Oak Drive Address Address City Rockville City Rockville State IN State IN Zip 47872 Zip 47872 Telephone Telephone 765-592-2616 Email Email iestell@att.net If Plaintiff is represented by an attorney: Attorney Defendant 2 Attorney number Address Address Address Address City City State Zip State Zip Telephone Telephone Email Email The Plaintiffis) asks the court to enter a judgment against the Defendant(s) for $ 0 plus court costs and to issue an order for eviction because Defendant rented the property located at: 913 Maple Drive, Rockville IN 47872 (if there is a written rental agreement/lease it is attached) and D rent is past due in the amount of $ : and/or fl the rental agreement/lease was violated as follows There is no rental agreement, I asked him to leave in August 20%he is still there. I am concerned n4- ' LH'u u' n 0-, a; I Date Pl n or Plaintiff s attorney signature CLERK'S NOTICE OF CLAIM FOR POSSESS N RENT DUE AND DAMAGES You (the Defendant) have been sued by the Plaintiff. You must go to a court hearing on the following days and times: 1. You must appear for an immediate possession (eviction) hearing on: Date: Time: Location: Parke Circuit Court 2. You must appear for a trial on damages and money owed on: Date: Time: Location: Parke Circuit Court You have a right to a jury trial. To demand a jury trial, a person must file an affidavit that idenfifies a fact that is disputed (a fact that the Petitioner says is true and the Defendant says is not true). The affidavit must follow Indiana Code 33-29-2-7 and say that the Defendant is acting in good faith and it must be filed within ten (10) days of receiving this notice. If the request for a jury trial is granted, you must pay the fee within ten (10) days. If you do not make the request or pay the fee on fime, you no longer have a right to a jury trial. If the court grants a jury trial, it cannot be withdrawn unless the other party agrees. Clerk Page 1 0'2 Approved by the Coalition for Court A0055 CCA-EV-OSZl-Sml wwwindianalegalhelpm'g IMPORTANT INFORMATION ABOUT THIS CLAIM 1. INDIANA HAS A FREE LANDLORDI'TENANT SETTLEMENT PROGRAM. Landlords and Tenants can request to use the settlement program at https:[[www.in.gov/conrtszselfservicelfacilitatel. If a settlement is made out of court, it should be in writing and signed by the Plaintiff and Defendant. The wn'tten settlement needs to be given to the court and it will have the same effect as a judgment given by the court. 2. You can represent yourself in court, or you can have an attorney represent you. 3. A small claims manual and court rules can be found at: claims-manual! hflpszflwww.in.govlcourtslpublicafionslsma]l- 4. Bring all documents and wimesses that you want the court to see to the hearing with you. 5. If the Defendant does not show up for a court date, a decision may be made against them (default iudgrnent). If a Peu'tioner does not show up, the case may be dismissed. However, the Petitioner may be able to file it again. 6. Even if a Defendant agrees that what the Petitioner has said is true, a Defendant may sfill want to show up for hearing to help decide on how payment will be made. 7. If you cannot go to court on a hearing date you will need to a5k the court for a new date by filing a Motion to Continue. You should file the motion as soon as possible. The court may or may not grant the motion. 8. If the Defendant has a daini against the Plaintiff, the Defendant may want to file a counterclaim. It has to be filed with the court early enough so that the Plaintiff receives it at least seven (7) days before the hearing. RETURN OF SUMMONS CERTIFICATE OF MAILING (If applicable) Ihereby cerfify that on Imailed a copy of this Notice of Claim to each of the defendants by certified mail requesting a return receipt sigied by the addressee only, addressed to each of said defendans at the addresses furnished by the Plaintiff. Date: Clerk RETURN BY SHERIFF OR OTHER PERSON OF SUMMONS (If applicable) I hereby certify that on the below date: D I served this Notice of Claim for Possession, Rent Due and Damages by delivering a copy to the Defendant; U I served this Notice of Claim for Possession, Rent Due and Damages by leaving a copy: D at the dwelling or usual place of abode of Defendant; D with a person of suitable age and discretion residing therein, namely D and by mailing a copy of this Notice of Claim for Possession, Rent Due and Damages to the Defendant, by first class mail, to the address listed on the Notice of Claim for Possession, Rent Due and Damages (date copy mailed if different from below: l D I was unable to serve this Nofice of Claim for Possession, Rent Due and Damages because Date: Sheriff of County By: Page 2 of 2 Approved by the Coalition for Court Accas CCA-EV-0321-8001 wwwjndianalegalhelpmg