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Motion to Set Aside Default Judgement

Motion to Set Aside Default Judgement

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5
10
15
20
25
12
3
4
6
WENDELL
BROWN
1038
ROACHE
ST.
INDIANAPOLIS. INDIANA
46208
Marion
County
Circuit
Court,
Paterni
ty
Division
Room
G6
FILED
@
SEP
1
42009
('1_'LVi (
~
C ~ ~ R I O N
CIRCUlrCOURT
7
Toni Davidson,
Case
No.:
No.
49C010403JP0599
8
Plaintiff,
MOTION
TO
SET ASIDE
DEFAULTJUDGEMENT
9
vs.
Wendell
Brown,
Ut
LtJ.J.U-OJ.J.
'
12
13
Wendell
Brown
moves
the
Court
to
set
asidethe
default
judgment
entered
on
14
November
24,2008.
This
motion
is
brought
pursuant
to
Rule
60(B)
(3)
of the
Indiana
Rules
of
Trial
Procedure.This
motion
is
supported
by
the
included
16
affidavit
of
defendant
Wendell
Brown.17
18
19
21
22
ROACHE
ST.
INDIANAPOLIS, INDIANA
46208
2324
-1-
1038
ROACHE
ST.
INDIANAPOLIS, INDIANA
 
5
1015
2025
1
2
1.
Deputy
falsely
claims
to
have
personally
handed
the
summons
to
the 
3
defendant
at
horne
address. 
29
cn
2.
Debora
S.
Buford,
the
owner
and
resident
of the
house
at
1443
w
4 
Indianapolis,
Indiana
46208,
has
sworn
before
a
notary
that
sheinformed
the
deputy
that
the
defendant
did
not
reside
at that
address
and
was
not
in
the residence
on
October
12.
2008
as
stated
in
theincluded
notarized
statement
from Debora
S.
Buford.
6 
3.
Attempted
service
under
Rule
4.1{A)
(3)
at
a
place
that
is
not
defendant's
"dwelling
house
or usual place of
abode"
is
not
effective
7
and
is
not cured
by
a
mailing
to
thedefendant's
"last
known
address"
under
Rule
4.1{B). This
is
so
regardless
of
the
plaintiff's
good
faith
8 
belief
or defendant's
actual
knowledqe.
(Hills
v.
Ramey,
744
N.E.2d
at
512-3)
9 
4.
The
defendant's
horne
address
on
October
12,
2008
was
8810
Arbor
Lake
Ct.
Apt.
1124
Indianapolis,
Indiana
46268,'
where he
resided
with
his
wife
as
shown
in
the
included
copy
of
a
letter
from
the
Indiana
Department
of
Child
Services,
copy
of
a
letter
from
the
Department
of
11
the
Treasury
and
a
copy
of the
electronic
filing
form from
2003.
5.
The
trial
courtlackedpersonal
jurisdiction
over
the
defendant
due
to
12
the
fact
that
the
defendant
was
not
properly
served.
13
Wherefore,
defendant
requests
the
court
set
aside
and
vacate
the
default
judgment and
order
an
immediate
refund
to
defendant
of
all
monies
14 
collected
by
the
IndianaChild
Support
Bureau
as
a
result
of
the
default
judgment and an
immediate
removal
of
the
child
support
arrearage
from
the
defendant's
credit.
16
1718
19
21
22
23
24
-2-
lD38
ROACHE
ST.
INDIANAPOLIS, INDIANA
 
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