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WENDELL BROWN
1038 ROACHE ST.
INDIANAPOLIS. INDIANA
46208
Marion County Circuit Court,
Paternity 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 DEFAULT JUDGEMENT
9 vs.
Wendell Brown,
Ut LtJ.J.U-OJ.J. '
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13 Wendell Brown moves the Court to set aside the 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.
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ROACHE ST.
INDIANAPOLIS, INDIANA
46208
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-1- 1038 ROACHE ST.
INDIANAPOLIS, INDIANA
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1. Deputy falsely claims to have personally handed the summons to the
3 defendant at horne address.
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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 she
informed the deputy that the defendant did not reside at that address
and was not in the residence on October 12. 2008 as stated in the
included 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 the defendant'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 court lacked personal 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 Indiana Child Support Bureau as a result of the default
judgment and an immediate removal of the child support arrearage from the
defendant's credit.
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-2- lD38 ROACHE ST.
INDIANAPOLIS, INDIANA
_ _._--- - _-.. , .......
Indiana Depa=- t me n'c of Chi ld SurVi. c es
Ch 5 .. 1d S\.:Dpor":: Bur ecLU
402 W. StreAt MS ll
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lj S:. O ARBOR CT 1:2
-NDI ANAPOLIS, I N 46263
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DEPARTMENT OF THE TREASURY
FINANCIAL 1\'lANAGE:\JENT SERVICE

P.O. BOX 1686
BIRMINGHAM, ALABAMA 35201-1686
THIS IS NOT A BILL RETAIN FOR YOUR RECORDS
03/06/09
1,1.. 1.11""1.1.11..1"1"1,, I"1,1,1. 1.11111." 1111,,,, I, I, I
__ __ & WENDELL L BRO
8810 ARBOR LAKE CT APT 1124
INDIANAPOLIS IN 46268-4257
Dear & WENDELL L BROWN:
---- n by f tm"elit i law, Wt a pi e ullllr parCo YOlif Federai paymemlo-aoe-6'Cyou owe. rile
government agency (or agencies) collecting your debt is listed below.
MARION CO N-D PROSECUTOR TIN Num.
TAX OFFSET INQUIRIES TOP Trace ]\I"n'>' " ..... 1;:40520
251 E OHIO 7TH FLOOR Acct Num
INDIANAPOLIS IN 462042133 Amount ThiS LreOltor: $1956.00
Creditor: 02 Site: IN
(317) 327-1800
PURPOSE: Child Support
The Agency has previously sent notice to you at the last address known to the Agency. That notiee
explained the amount and type of debt you owe, the rights available to you, and that the Agency intended
to collect the debt by intercepting any Federal payments made to you, including tax refunds. If you
bclleve your payment was reduced in error or if you have questions about this debt, you must
contact the Agency at th{! address and teJephone number shown above. The U. S. Department of
the Treasury's Financial Management Service cannot resolve issues regarding debts with other agencies.
We will forward the money taken from your Federal payment to the Agency to be applied to your debt
balance; however, the Agency may not receive the funds for several weeks after the payment date. If you
intend to contact the Agency, please have this notice available.
U. S. Department of the Treasury
Financial Management Service
(800) 304-3107
TELECOMMUNICAnONS FOR THE DEAF (TDD) (866) 297-0517
PAYMENT SUMMARV
PAYEE NAME: & WENDELL L BROWN
PAYMENT BEFORE Rcu.._H... I tvN: $1956.00 PAYMENT DATE: 03/06/09
TOTAL AMOUNT OF THIS REDUCTION: $1956.00 PA YMENT TYPE: EFT
PAYING FEDERAL AGENCY: Internal Revenue Service SPLIT REFUND CODE: 0
(See Insert on Tax Reftmd Offsets for Additional Information)
FOR OFFICIAL USE ONLY, (){)Q()()()964) A5464052031178508803397499066ALTR-POIZOROO09732
.
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RL1207
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