Public Notice – Parke County, Pharr, Morris Plan
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:
- 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.
- 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.
- That Defendant Neumeister never assigned said Contract for the Sale of Real Estate to any third party.
- That the Contract for the Sale of Real Estate is a priority interest on said real estate from and after September 23, 2019.
- 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.
- 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.
- 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).
- 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.
- 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
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