Vous êtes sur la page 1sur 10
Collection of Personal Proper COMMERCIAL CLAIM NO. 0001-6272018-MX1 The information submitted on this Civil Complaint may be subject to publie disclosure, Return correspondence cannot be submitted electronically (via e-mail or fax) Mail or deliver ce: Office of the Indiana Attorney Gereral correspondence to: 302 W. Washington St, Sth Floor (insert location) Indianapolis, IN 46204 cc: Marion County Prosecutor - Terry Curry cc: CENTER TOWNSHIP of MARION 251 E. Ohio St. Suite, 160 SMALL CLAIMS COURT Indianapolis, IN 46204 clo The Honorable Brends A. Roper Indianapolis, IN 46205 [CIVIL COMPLAINT] ‘NOTE: A CIVIL COMPLAINT associated with this COMMERCIAL CLAIM shall be served to the State and Federal ‘Supreme Courts and filed with the Small Claims Court defined above: CLAIMANT INFORMATION 1. Claimant's name: MAURICE IVY J: Ivy, Maurice Xavier 2. Date of birth (mm/dd/yyyy): 04/20/19xx 3. Physical address: c/o 3639 Mission Drive, Indianapolis ~ Indiana [Territory] 4 St. NW. INCIDENT INFORMATION 8. Date of the incident: _ Thursday, August 31 2017 ne Time: (mm/dd/yy) Cp.m. NIA [X] Incident is On-going Page 1 /3: COMMERCIAL CLAIM NO. 0001-6272018-MX1 Collection of Personal Property 9. If the incident occurred over a period of time, date of first and last occurrences: From Time: Cam, Spam. to »Time:__ am, p.m, (mm/ddiyyyy) (mmidd/yyyy) 10. Location of incident: _Indiana ~ Marion, Indianapolis __ (State and county) (City 11. If the incident occurred on a street or highway: N/A Name of street or highway ‘Milepost number 12. Identify purported Individual(s) / Subjects alleged responsible for injury to Claimant: (include LD. No. if available) NOTE: See attached VERIFIED AFFIDAVIT OF FACTS “A VERIFIED PLAIN STATEMENT OF FACTS” 13. Names, addresses and telephone numbers of all that have knowledge of, witnessed or participated in this incident. Please include a brief description as to the nature and extent of each Individuals (Subjects) knowledge. NOTE: See attached VERIFIED AFFIDAVIT OF FACTS “A VERIFIED PLAIN STATEMENT OF FACTS” 14, Describe the cause(s) of the injury. Explain the extent of liberty, See attached VERIFIED AFFIDAVIT OF FACTS “A VERIFIED PLAI attached, ,, and or property loss. STATEMENT OF FACTS" is hereto 15. The injuries herein defined are confirmed by: [ ]order, adjudication, decrees [| defauit judgment; [ ] confession of judgment; [X] other confirmation. Confirmed by this damage claim administrative process pursuant to Affidavits) of Truth hereto attached; 16. Name, address and telephone number of subject, subject’s employer and subject’s insurer. Dominique S. Hall, 2136 Waterford Pl. Apt. A, Indianapolis IN 46260 17.1, injured party, testify to damages! due for injuries caused by subject(s) identified in # 12 above in the sum. Item 1) 4 pk CLT406SB Color Set for Samsung CLP-360 = Net Amount-$30.72 Item 2) Samsung C410W Xpress Color Laser Printer (SMC-SL-C410W) - $229.99 Item 3) BLACK'S LAW DICTIONARY DE LUXE FOURTH EDITION 1951- $174.73 (Used - Good) Item 4) Office Depot® Brand Copy & Print Paper, Legal Size Paper - $12.99 Item 5) Office Depot® Brand Copy & Print Paper, Letter Size Paper - $6.99 Item 6) 1890 Webster's Unabridged 19th Century Dictionary — price undetermined! out of print Estimated value + cost of similar product: $472.50 used from Etsy — RedCottage 1860 1st Edition - Dictionary of The English Language by Joseph E. Worcester - Antique Unabridged Dictionary Sub Total of los/stolen property $947.92 USD “Lawful Currency Page 2 / 3: COMMERCIAL CLAIM NO. 0001-6272018-MXI Collection of Personal Property ‘This Claim form must be signed by the Claimant; Claimant's Official Agent via appointment; by the attorney in fact for the Claimant or Claimant’s competent constitutional counsel; or by an attorney admitted to practice in the State on the Claimant's behalf. Claimant's competent constitutional counsel, [ attorney admitted to practice in the State on the Claimant’s behalf, under penalty of perjury under the laws of the state and the United States of America (without the UNITED STATES) thatthe foregoing i trac tad correct. 28 P50. § 1746 Executed on tns_ 77 day of the month of. in the year of our Lord, 20/2 A.D. All Rights to Amend Reserved. Autograph: = $3419) Place (address) c/o: 14* Street N.W. Page 3 / 3: COMMERCIAL CLAIM NO. 0001-6272018-MX1 Collection of Personal Property VERIFIED AFFIDAVIT OF FACTS. “A Demand For Return Of The Property” State of INDIANA) NOTICE TO AGENT IS NOTICE TO PRINCIPAL ) Affirmed and Subscribed NOTICE TO PRINCIPAL IS NOTICE TO AGENT County of: MARION) To WIT: COMES NOW Declarant/Real party in interest, Maurice Xavier family of Ivy (/My/He/Claimant), sui Juris, one of the people of Indiana and should this matter enter judgment in the presence of a court of record hereby affirms that he is of legal age and competent to state on belief and personal knowledge that the facts set forth herein as duly noted below are true and correct. Since, August 31 2017, the Claimant witnessed Dominique S. Hall's herein defined as ‘Respondent’ (Yow/Your/She), and undertakes what Claimant belisves on personal knowledge to be the civil Violations noted below. The undersigned real party in interest states this to be his “VERIFIED AFFIDAVIT OF FACTS—A Demand For Return Of The Property” regarding same”. 1. NOTIFICATION OF THE VIOLATION OF THE AGREEMENT/STATEMENT OF FACTS Fact 1 —On or around Thursday, August 31 2017, Claimant flew in from Washington D.C. to Indianapolis for a business commitment, which involved some transportation of office equipment and some other non-related materials, in and out of the shop location: 3639 Mission Drive, Indianapolis Indiana, 46224. Fact 2 ~The Claimants shop location/overhead is a Health & Beauty - Supplies & Products retail store, not open to the public at that present time, and had been using the unit as a residential address and storage accommodation. Fact 3 — Claimant Arrived in Indianapolis Indiana to handle some business periodically for duration of 6 days (see attachment A). During that 6 day time period, Claimant had contacts with Respondent, who originally had offered to keep the property and send it to the location in Washington District of Columbia; via United States Postal Service in favor of the Claimant, with the intentions to avoid the extra cost flying with property. Fact 4 Both parties came to a mutual agreement, that the Respondent would hold the property temporarily (which atthe time was in the back of the trunk of her car), until claimant was available to send funds to transfer via the Postal Service instead of airport transportation Fact 5 — The due date for the property to be sent through the Postal Service did not occur when it was supposed to, (during a 3 weeks’ time span), after that specified time. Fact 6 — Claimant highly recommended that the property be transported back to the original location, in which claimant would send keys for the office to the Respondent, to move the property from the car trunk location where the property remain. Fact 7 — Claimant received correspondence via Telephone from Respondent in regards to property being transported to storage temporarily until the Claimant was able to retrieve property back from the Respondent, the next time Claimant was to arrive in Indianapolis Fact 8 — Claimant specified that a storage unit would not be insuffici storage unit would inevi t because of the transfer of property in a ly impose a lien on property in which the Claimant did not suggest. Fact 9 — Claimant pleaded with Respondent over and over by saying that it will be a consequence if property under the care of the Respondent is not able to manage the property after a default in payment. Claimant further specified that “ cannot be reliable for the cost”. Fact 10 — Respondent accepte: ity for the property by accepting the terms of the third party (Storage Unit) as the holder of property in which I never gave consent to. Fact 11 — Claimant does not consent and never has consented to a third party for the safekeeping of property with an agreement between a “third party intervener “ that would contain a liability with the conditions of a default, Page 1/4 as a result of non-payment. This was explained from Claimant to Respondent, via telephone correspondence, but the Respondent insisted that the property would be safe, not to worry, and when the Claimant was available in town the property would be retrieved during that time. Fact 12 — However, the Claimant never got a notice and demand for payment, or any indication that the property being held in storage was in default status. Fact 13 ~The claimant tried many attempts to reason with the Respondent in regards to the property on where the property was located, when and how long the property was in held in storage unit, and was NOT made aware of a non-payment status. Fact 14 ~The Respondent refused to iimant any additional information other than “the property is gone”; AFTER the time of seizure, and no time before Claimant was made aware of the standing between Respondent and the Storage Unit (see attachment B). Fact 15 — The claimant has reason. property became unavailable is false. lieve that some of the Respondents story of when, where, and how the Fact 16 — The Respondent intentionally mislead the Claimant of thinking she had the property during Claimants arrival back to Indianapolis (Iune 4%, 2018), and was told that the property had to be picked up from storage, and later that week changed Her story to not being able to retrieve property because of a default in payment after the fact of the matter, which disallowed the Claimant of a recourse or a remedy Fact 17 — However, the responded refused to give claimant any information of the owner of the storage unit, or the amount it would take in order to cure the default. Fact 18 — Claimant has reason to believe that the property was either mishandied, or never taken to a storage unit because none of the information that came from the responded was verified Fact 19 — The respondent is liable for the cost of Damages, by acceptance of appointment (see attachment B), and failure to delivery property, in accordance of the agreement (constructive/implied/ written), to transport the property to the original office location. IL. INDIANA CODE TITLE 35. CRIMINAL LAW AND PROCEDURE NOTIFICATION Pursuant to Indiana Code Title 35. Criminal Law and Procedure See. 3.5: a) Ifa person: (1) borrows any article which belongs to or is in the care of any library, gallery, museum, collection, or exhibition; (2) borrows the article under an agreement to return the article within a specified period of time; and (3) fails to return the article within that specified period of time; then the lender shall comply with subsection (b). (b) Ifa person commits those acts specified in subsection (a), the lender shall: (1) send written notification of the vi n of the agreement to the borrower, (2) attach a copy of this section to the notice; (3) include in the notice a request for return of the article within fifteen (15) days of receipt of the notice; and (4) mail the notice to the last known address of the borrower or deliver it to the borrower in person. The lender shall send the notice required by this subsection by certified or registered mail, return receipt requested. (©) If the borrower willfully or knowingly fails to return the article, or reimburse the lender for the value of the article, within thirty (30) days of receipt of the notice required in subsection (t), he commits a Class C infraction. IILSUMMARY OF DAMAGES Below is a cost estimate for all property held by Respondent. Should the Respondent refuse/neglect to return the aforementioned items, the Fee Schedule will provide the estimated value of each item listed, subject to this claim. Page 2/4 Notice of Fee Schedule Office Depot® Brand Copy & Print Paper, Letter Size Paper $6.99 Office Depot® Brand Copy & Print Paper, Legal Size Paper $12.99 4 pk CLT406SB Color Set for Samsung CLP-360 = Net Amount $50.72 BLACK'S LAW DICTIONARY DE LUXE FOURTH EDITION 1951 $174.73 (Used - Good) ‘Samsung C410W Xpress Color Laser Printer (SMC-SL-C410W) $229.99 1890 Webster's Unabridged 19th Century Dictionary $472.50 Subtotal of property $947.92 IV. CONCLUSION AND RELIEF ‘The execution of this Affidavit is to attest to the truth of the foregoing and in support of Violation of the Agreement/Demand for the retum of property. The Responding party (Dominique S. Hall) has not provided any information that indicates the returning of the property in question. Please be advised that if ‘You’ (Respondent), considers refusal to return property, it will be considered as *Negligence’”” In an action based on ‘Fault’ (see Indiana Code § 34-51-2-5), and “Conversion”, pursuant to: 43-4-3 for failure to return property. If the items’property listed in the aforementioned ‘Fee Schedule’ are not returned within five (5) days after the receivership of this said: VERIFIED AFFIDAVIT OF FACTS, Claimant will bring suit without further notice. Please contact Notary Acceptor immediately to arrange for the return of all property belonging to Claimant: Maurice Ivy. L.H. Wilson, clo 5600 W 71* Street Indian Indiana 46278 Ph: (202)492-6615 Regards, Page 3/4 We, Declare/Certify/Verify under the penalty of perjury under the laws of the United States {without the UNITED STATES) that the forgoing is true and correct. 28 U.S.C. § 1746 FURTHER DECLARANT SAYETH NAUGHT. THE COURT WITNESS: Declarants hand and SEAL this day of Lely 20K / Family namé % Real party in interest/Executor: tag Sheep ‘Witnessed by :, i ey Oh Please keep Authentication Documentation below this ling —---——-——-----—---—---—~ $0 8 (0 not cover the SEAL ofthe tribunal(s) ACKNOWLEDGEMENT State of Indiana, County of Marion . On Jucly 4 2012 _ before me, La Coelle i Hall - W150 __, Notary Public, appeared i i ‘ho proved to me on the basis of satisfactory evidence fo be the man/men/womaniwomen we is subsoribed tothe within instrument and acknowledged to me that heshe'they executed the same in is/herther authorized capacity, and that by hishher/their signature on the instrument, the above man/mer/woman/women in hisfhrftheir capacity as one ofthe sovereign people of this State of superior status and standing, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State that the foregoing paragraph is true and correct. ‘Witness my hand and official SEAL: Page 4/4 Collection of Personal Property Attachment A UNITED ®. IVYMAURICE Washington-Reagan Natl to Chicago-OHare UAS31 ‘GATE, ‘BOARDING BEGINS Sear DCA-ORD_ 11 7:24am 25E ‘Thorscny. August 31. 2017 UNITED IVY/MAURICE Chicago-OHare to Indianapolis UA 4266 GATE BOARDING BEGINS SEAT ORD-IND = iSiignea 9:30am 2A ‘Thursday. IN Augnt 31.2017 Attachment B et message emer massage er message mer message Emermessage lemermassene entermassoge emer meseane Emermassage Emer message emer message "THRE eran and oes re aaa indnamintsn rma ues roma) F304 5 Indiana Code Title 35. Criminal Law and Procedure § 35-43- 435 Search Indiana Code Seach by Keywergor tate Enter Keyword or Citation Seareh orp /otee avec te. (epee ind: ‘sin tna: test. westawcom Lik Document/FullTet? ‘ss-riminal- eset LAorgnatingContet-docomentzanstionype-DoctmenttemspabNum-ioood84t ype Paseo) Ifa pesos recede ‘odes codes “Grell any ace which lng to iia the cae ofny ery, gallery, seus, gee exibitos; (2) boron thereunder sn agreement to tun the arise wihina sped pad oie and (oy feta return the rte wthin that sped pad of ies ‘then the lender shal empy with uboion 5 commits thos ats pct in subscion (the lender ha te ofan of the vito of te ngreoment tothe boroer (2) atach scopy ofthe snion othe ati (inde in the oie a rquet fret oft ate wthin ee 5 das ore othe vic: and (4) mx tens tothe lat dr torre veri the borrows in person. ‘Telender shal snd entice rue by th oabscton yer or rgtered ma return apt repesed (© the borower fly or knowingly fis to ret the rl or reimburse the ender forthe vale of ‘ear, thin thi (90) day fret ofthe notion equ ia subsea), hecommts «ClassC

(BREA were com/ Document IBEFFEE;0F434:67855CE25800007735 View ul EMA ofl acentactransaTypenCagraateniconteatc Di Pee IS ‘seas tat Latest Blog Posts

Vous aimerez peut-être aussi