STATE OF INDIANA )
) SS:
COUNTY OF WELLS )
IN THE WELLS CIRCUIT COURT
CAUSE NO. 90C01-1002-PL- 00003
SHARON J. WINDMILLER,
KURTISS J. WINDMILLER,
& CONNIE L. CHAPMAN,
Plaintiffs
v.
KEVIN E. WINDMILLER, &
NANCY (WINDMILLER) RAMSEY,
Defendants
SUMMONS BY PUBLICATION
Come now the Plaintiffs, Sharon J. Windmiller and Kurtiss J. Windmiller, by counsel, having filed a Complaint to Partition Real Estate in the above entitled case, hereby request that the Clerk of Wells Circuit Court, issue the Summons by Publication as follows:
1. This Summons by Publication is specifically directed to Defendant. Kevin E. Windmiller, present address is unknown.
2. The nature of the above titled cause is:
(a) The Plaintiffs have filed a Compliant to Partition Real Estate.
3. The Defendant, Kevin E. Windmiller, named herein must answer this Summons in writing, personally or by counsel on or before thirty (30) days from the date of the third publication hereof. If said Defendant fails to do so, the Plaintiffs may be granted the authority to proceed with the partition as requested.
Dated this 24th day of February, 2010.
Beth Davis
Clerk, Wells Circuit Court
STATE OF INDIANA )
) SS:
COUNTY OF WELLS )
IN THE WELLS CIRCUIT COURT
CAUSE NO. 90C01-1002-PL-00003
SHARON J. WINDMILLER,
KURTISS J. WINDMILLER,
& CONNIE L. CHAPMAN,
Plaintiffs
v.
KEVIN E. WINDMILLER, &
NANCY (WINDMILLER) RAMSEY,
Defendants
COMPLAINT
TO PARTITION REAL ESTATE
Come now the Plaintiffs, Sharon J. Windmiller and Kurtiss J. Windmiller, by counsel, and Plaintiff Connie L. Chapman, individually, and file their Complaint to Partition Real Estate located in Wells County, Indiana. In support of their Complaint, the Plaintiffs state as follows:
1. Plaintiff Sharon J. Windmiller is a resident of Adams County, State of Indiana.
2. Plaintiff Kurtiss J. Windmiller is a resident of Allen County, State of Indiana.
3. Plaintiff Connie L. Chapman is formerly known as Connie L. Windmiller and is a resident of Allen County, State of Indiana.
4. Defendant Kevin E. Windmiller has an unknown address. He was formerly a resident of Allen County, State of Indiana.
5. Defendant Kevin E. Windmiller is believed to be living within the city limits of Phoenix, Arizona. His address is unknown.
6. Defendant Nancy (Windmiller) Ramsey is a resident of Allen County, State of Indiana.
7. The Plaintiffs and Defendant Kevin Windmiller own real estate in Wells County, Indiana as tenants in common, and the real estate is more particularly described as follows:
Sixty (60) acres of land in square form out of the Northeast corner of the Southeast quarter of Section Eight (8), Township Twenty five (25) North, Range Thirteen (13) East in Wells County, Indiana.
8. Plaintiff Sharon J. Windmiller is the owner of 63.055% of the real estate.
9. Plaintiff Kurtiss J. Windmiller is the owner of 12.31484% of the real estate.
10. Plaintiff Connie L. Windmiller is the owner of 12.31483% of the real estate.
11. Defendant Kevin E. Windmiller is the owner of 12.31483% of the real estate.
12. Genevieve L. Windmiller, now deceased, was the owner a life estate in the real estate until her death on May 30, 1999.
13. Plaintiffs seek a judgment for partition pursuant to Indiana Code 32-17-4-1 et seq. partitioning the real estate specifying the share to be assigned to each party;
14. Should the Court determine that the real estate cannot be divided without damage to the owners, Plaintiffs alternatively seek a judgment directing that the real estate be sold pursuant to Indiana Code 32-17-4-12.
15. Defendant Nancy (Windmiller) Ramsey obtained a judgment against Kevin E. Windmiller in the Allen Circuit Court on June 15, 1999 and a copy of the judgment was filed for record in the Wells County Recorder’s Office on July 28, 1999, in Miscellaneous Book 62 Page 164. Defendant Nancy (Windmiller) Ramsey is named as a defendant in this action to compel her to affirmatively plead her interest in the real estate, if any.
THEREFORE, the Plaintiffs seek a relief pursuant to Indiana Code 32-17-4-1 et seq., specifically a judgment for partition of the real estate or an order directing that the real estate be sold and the proceeds divided according the ownership interests of the parties.
Respectfully submitted,
Jeremy W. Brown - 19284-01
BURRY, HERMAN, MILLER & BROWN, P.C.
113 North Second Street
P.O. Box 470
Decatur, Indiana 46733
Telephone: (260) 724-2154
Fax: (260) 724-3127
Email: jbrown@burryherman.com
Connie L. Chapman
3206 Cedar Ridge Run
Fort Wayne, IN 46808
Plaintiff
Attorney for Sharon Windmiller and Kurtiss Windmiller, Plaintiffs
nb 2/27, 3/6, 3/13