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Public Notice – Parke County, Pharr, Service of Notice by Publication

61C01-2201-PL-000009

 

IN THE PARKE CIRCUIT COURT

 

STATE OF INDIANA

SS:

PARKE COUNTY

 

THE 2022 TERM

 

BRETT PHARR,

Plaintiff,

vs.

ANDREW NEUMEISTER, and

THE MORRIS PLAN COMPANY

OF TERRE HAUTE, INC.,

DEFENDANTS

 

To: Andrew Neumeister

8046 S US Highway 41,

Rosedale, IN 47874

 

SERVICE OF NOTICE BY PUBLICATION

 

You are hereby notified that a Notice of Claim has been filed by Brett Pharr in the Circuit Court of Parke County, Indiana, a copy of which is on file with the Clerk of the Parke Circuit Court, Rockville, Indiana.

 

You are further notified that unless you appear in person or by your attorney in response to said petition within thirty (30) days after the last publication of notice of this action, said Notice of Claim will be heard and determined by the Court in your absence and judgment by default may be entered against you for the relief therein requested.

 

WALLACE LAW FIRM

Attorney for Plaintiff

114 S Market Street

Rockville, IN 47872

Telephone: (765) 731-1600

Taylor V. Powell (35050-80)

 

Authorized by Order of the Parke Circuit Court on 1/6/2022.

 

Henry A. Harper

Clerk of the Parke Circuit Court

 

COMPLAINT FOR FORFEITURE OF LAND CONTRACT AND FORECLOSE JUDGMENT

 

Comes now the Plaintiff, Bret A. Pharr, by counsel, Wallace Law Firm, and of the Defendants, Andrew Neumeister and The Morris  Plan Company  of Terre Haute,  Inc., alleges and says:

 

  1. That at all times herein, Plaintiff owned certain real estate located in Lyford, Parke County, Indiana, described more particularly as follows:

 

Lots Numbered  Five (5), Six (6), Thirteen  (13), Fourteen (14), Fifteen (15), and Sixteen  ( 16) in Block Number Seven (7) in the Town of Lyford, Parke County, Indiana, as per plat thereof recorded  May 16, 1892, in Plat Book 1  A, page 226, in the office of the Recorder  of Parke County,  Indiana.

 

Also Lot Numbered Twenty-eight (28) in Block Number Eight (8) in the Town of Lyford.

 

  1. That on or about September 23, 2019, a land contract between Defendant Andrew Neumeister and Plaintiff was recorded as Instrument Number 20191691, in the office of the Recorder of Parke County, Indiana.

 

  1. That Defendant Neumeister never assigned said Contract for the Sale of Real Estate to any third party.

 

  1. That the Contract for the Sale of Real Estate is a priority interest on said real estate from and after September 23, 2019.

 

  1. That on or about July 14, 2021 a judgment was entered against Defendant Andrew Neumeister and in favor of Defendant The Morris Plan Company of Terre Haute, Inc. in the amount of $3,061.01 under Cause No. 61C01-2105-CC-176, in the Office of the Clerk of Parke County, Indiana and that said judgment lien is a junior and inferior lien to the interest of the Plaintiff herein.

 

  1. That Defendant Neumeister has abandoned the property at issue and has failed to make a payment since July 1, 2021 and thus has defaulted on the real estate contract. Said Defendant Andrew Neumeister has paid approximately 24% of the principal amount owing on said real estate, which is not a substantial interest preventing forfeiture.

 

  1. That Plaintiff is a ‘person entitled to enforce’ the Contract for Sale of Real Estate pursuant  to l.C. §26-1-3.1-310(1).

 

  1. That Plaintiff’s interest  was perfected  prior to the judgment  in favor of Defendant  The Morris  Plan Company  of Terre Haute, Inc., and said judgment  lien of said defendant  is subject  to be stricken  from said real estate.

 

  1. That Defendant Neumeister is in default of said contract and forfeiture is necessary.

 

WHEREFORE, the Plaintiff prays the Court for a Judgment of Forfeiture  against  Defendants, for principal,  interest,  reasonable  attorney’s fees, any other allowable  charges,  costs of collection, costs of this action  as requested  herein and to forfeiture the interests  of Andrew  Neumeister and foreclose  the interests  of Defendant  The Morris  Plan Company  of Terre Haute, Inc., for all other relief proper in the premises.

WALLACE LAW FIRM

Taylor V. Powell (35050-80)

Wallace Law Firm

Attorney for Plaintiff

303 Washington St

Covington, IN 47932

765-793-2241