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Home My WebLink AboutAppearance by Attorney in Civil Case & Motion to Intervene doc4QA- pc( 02,00 LA RICHARDS, BOJE, PICKERING, BENNER BECKER ATTORNEYS AT LAW MELVIN A. RICHARDS (1939 -2003) 1312 MAPLE AVENUE MAILING ADDRESS BRUCE A. BOJE NOBLESVILLE, INDIANA 46060 P.O. BOX 2169 JAMES H. PICKERING, JR. NOBLESVILLE, IN 46061 ERIC J. BENNER Telephone (317) 773 -4400 ROBERT C. BECKER Fax (317) 776 -6031 E -Mail: bboje a rbpbblaw.com CARL A. MARKOVICH www.rbpbblaw.com LAURIE D. JOHNSON TIMOTHY J. HIXSON August 3, 2009 John R. Molitor 9465 Counselors Row, Suite 200 Indianapolis, 1N 46240 Christopher Russell 7819 Harbour Isle Indianapolis, IN 46240 RE: Carmel Plan Commission v. Ryan Patrick Lewis Hamilton Circuit Court, Cause No. 29C01- 0905 -CC -912 Gentlemen: Enclosed is a copy of my Appearance and Motion to Intervene filed in this matter. Note the proposed Complaint is attached to the motion. Call if you have any questions. Very truly yours, RICHARDS, BOJE, PICKERING BENNER BECKER By: Bruce A. Boje BAB arj Enclosure v .\4\( STATE OF INDIANA IN THE HAMILTON CIRCUIT COURT )SS: COUNTY OF HAMILTON CAUSE NO. 29C01 0905 MI 00894 CARMEL PLAN COMMISSION, Plaintiff, v. r= RYAN PATRICK LEWIS, co Defendants. APPEARANCE BY ATTORNEY IN CIVIL CASE ct Party Classification: Plaintiffs 1. The undersigned attorney and all attorneys listed on this form now appear in this case for the following party member(s): Howard Green, Holly Green, John Colosimo, Beryl Colosimo, Jim Dunn, Laura Dunn, Gopal Ghosh, Maya Ghosh, Mike Shaw, Susan Shaw, Ron Herman, Suzanne Herman, Andrew Wagner and Judith Wagner 2. Applicable attorney information for service as required by Trial Rule 5(B)(2) and for case information as required by Trial Rules 3.1 and 77(B) is as follows: Name Bruce A. Boje Attorney No.: 2818 -29 Address: RICHARDS, BOJE, PICKERING, Phone: (317) 773 -4400 BENNER BECKER FAX: (317) 776 -6031 1312 Maple Avenue, P.O. Box 2169 Noblesville, IN 46061 3. There are other party members: Yes 4. If first initiating party filing this case, the Clerk is requested to assign this case the following Case Type under Administrative Rule 8(b)(3): 5. I will accept service by FAX at the above noted number: Yes 6. This case involves support issues: No 7. There are related cases: No 8. This form has been served on all other parties: Yes Certificate of service is attached: 9. Additional information required by local rule: r, to Respectfully submitted, RICHARDS, BOJE, PICKERING, BENNER EC By: Bruce A. Boje, 2818 -29 RICHARDS, BOJE, PICKERING, BENNER BECKER 1312 Maple Avenue, P.O. Box 2169 Noblesville, IN 46060 (317) 773 -4400 CERTIFICATE OF SERVICE I hereby certify that the foregoing was served upon the following by either courthouse mail or First Class U.S. Mail, postage prepaid, on the date of filling. John R. Molitor 9465 Counselors Row, Suite 200 Indianapolis, IN 46240 Christopher Russell 7819 Harbour Isle Indianapolis, IN 46240 1 Bruce A. Boje o e 0( STATE OF INDIANA HAMILTON COUNTY CIRCUIT COURT )SS: COUNTY OF HAMILTON CAUSE NO: 29C01- 0905 -CC -912 CARMEL PLAN COMMISSION, Plaintiff, v w RYAN PATRICK LEWIS, ca Defendant. cs MOTION TO INTERVENE COMES NOW, the Petitioners, Howard Green, Holly Green, John Colosimo, Beryl Colosimo, Jim Dunn, Laura Dunn, Gopal Ghosh, Maya Ghosh, Mike Shaw, Susan Shaw, Ron Herman, Suzanne Herman, Andrew Wagner and Judith Wagner (collectively the "Petitioners by counsel, pursuant to Indiana Trial Rule 24, and for their Motion to Intervene, allege and state as follows: 1. Petitioners are residents of Hamilton County, Indiana and are the record owners of real estate located in the Johnson Acres subdivision, Carmel, IN. 2. Petitioners claim an interest relating to the property or transaction which is the subject matter of this action and are so situated that the disposition of the action may as a practical matter impair or impede their ability to protect that interest. Specifically, Petitioners are neighboring property owners to the property commonly known as 646 Johnson Drive, Carmel, IN 46033 "Real Estate on which Defendant Ryan Patrick Lewis seeks to construct the large garage at issue in this action, and Petitioners desire to protect their interest in their real estate within the Johnson Acres subdivision. 3. Pursuant to the Johnson Acres subdivision covenants, any property owner within the Johnson Acres subdivision may prosecute any proceedings against any person seeking to violate and /or any person violating any of the covenants, restrictions, provisions, and conditions within the Johnson Acres subdivision covenants. 4. Petitioners' interests are not adequately represented by the original parties to this action in that the Petitioners seek to enforce the covenants that the Defendant is violating. The current Plaintiff is not a property owner within the Johnson Acres subdivision thus Plaintiff's interests are unlike the Petitioners' interests. 5. Intervention will not delay a trial of this action or prejudice the adjudication of the rights of the original parties. Plaintiffs complaint was filed May 18, 2009 and Defendant has not yet answered. Intervention will not defeat the jurisdiction or venue of the court. 6. Counsel for the Plaintiff has been advised this motion is being filed and the Petitioners are seeking intervention and said counsel has no objection to this motion being granted. 7. Attached to this Motion as Exhibit "A" is Petitioners' proposed Complaint. WHEREFORE, Petitioners, Howard Green, Holly Green, John Colosimo, Beryl Colosimo, Jim Dunn, Laura Dunn, Gopal Ghosh, Maya Ghosh, Mike Shaw, Susan Shaw, Ron Herman, Suzanne Herman, Andrew Wagner and Judith Wagner, by counsel, respectfully request that the Court grant them leave to intervene as a party plaintiffs in this action. 2 Respectfully submitted; RICHARDS, BOJE, PICKERING BENNER BECKER By: Bruce A. Boje, #2818 -29 RICHARDS, BOJE, PICKERING BENNER BECKER 1312 Maple Avenue Noblesville, IN 46060 (317) 773 -4400 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served on counsel of record herein, John R. Molitor, 9465 Counselors Row, Suite #200, Indianapolis, IN 46240 and Christopher Russell, 7819 Harbour Isle, Indianapolis, IN 46240, by Certified U.S. mail, on the date of filing. 1 Bruce A. Boje Bruce A. Boje RICHARDS, BOJE, PICKERING BENNER BECKER 1312 Maple Ave. Noblesville, IN 46060 3