`Clerk
`Allen County, Indiana
`ED
`
`IN THE ALLEN SUPERIOR COURT
`
`CAUSE NO. 02D01-1904-MF-000215
`
`
`
`SS:
`
`) )
`
`)
`
`MDK# 19-002105
`
`STATE OF INDIANA
`
`COUNTY OF ALLEN
`
`U.S. Bank Trust National Association, not in
`its individual capacity but solely as owner
`trustee for Legacy Mortgage Asset Trust 2018-
`GS3
`
`Plaintiff,
`
`VS.
`
`Caron D. Williams, AKA Caron Denyse
`Williams, AKA Caron Williams, et al.
`
`Defendants.
`
`PLAINTIFF'S MOTION TO VACATE JUDGMENT AND TO DISMISS CASE
`WITHOUT PREJUDICE
`
`Plaintiff, U.S. Bank Trust National Association, not in its individual capacity but solely
`
`as ownertrustee for Legacy Mortgage Asset Trust 2018-GS3("Plaintiff") respectfully movesthis
`
`Court for an Order to Vacate Judgment and to Dismiss Case Without Prejudice and in support
`
`thereof states as follows:
`
`1.
`
`On April 15, 2019, Plaintiff filed its Complaint on Promissory Note and to Foreclose
`
`Mortgage onrealestate.
`
`2.
`
`3,
`
`On January 31, 2020, the court entered a final judgmentin favor of the Plaintiff.
`
`Plaintiff has reinstated the loan.
`
`19-002105_ NLC
`
`E58
`
`
`
`4.
`
`The final judgmententered in this case foreclosed Plaintiff's mortgage . Plaintiff seeks an
`
`order vacating this judgment entry to reduce the uncertainty that might otherwise exist
`
`regardingtitle to the property.
`
`5.
`
`6.
`
`Rule 60(B) of the Indiana Rules of Trial Procedure authorizes a court to relieve a party
`
`from a final judgment for any reason justifying relief from the judgment.
`
`Plaintiff requests that the Court dismiss this case without prejudice, under Trial Rule
`
`41(A)(2), as the subject matter is no longerat issue.
`
`WHEREFORE,Plaintiff U.S. Bank Trust National Association, not in its individual
`
`capacity but solely as ownertrustee for Legacy Mortgage Asset Trust 2018-GS3 hereby requests
`
`that the Default Judgment, Summary Judgment and Agreed Judgment and Decree of Foreclosure
`
`entered January 31, 2020 be vacated and the Court dismiss this case without prejudice, and for
`
`all other relief as the Court finds just in the circumstances.
`
`Respectfully submitted,
`
`/s/ Elyssa M. Meade
`X Elyssa M. Meade (25352-64)
`Stephanie A. Reinhart (25071-06)
`Sarah E. Barngrover (28840-64)
`Chris Wiley (26936-10)
`J. Dustin Smith (29493-06)
`Nicholas M. Smith (31800-15)
`Manley Deas Kochalski LLC
`P.O. Box 441039
`Indianapolis, IN 46244
`Telephone: 614-222-4921
`Fax: 614-220-5613
`Email: sef-emmeade@manleydeas.com
`Attorney for Plaintiff
`
`19-002105_ NLC
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certify that a copy of the foregoing Plaintiff's Motion to Vacate
`
`Judgment and to Dismiss Case Without Prejudice was sent upon the following parties by
`
`ordinary first class U.S. Mail, postage prepaid, or electronic mail (e-mail) on the date indicated
`
`below:
`
`First Class U.S. Mail:
`
`Alliance Property Management, c/o Rex Willis, as Registered Agent, 1616 North Harrison
`Street, Fort Wayne, IN 46808
`
`DBD Homes LLC, c/o Tami Dennon,as Registered Agent, 9705 Forest Creek Drive, Fort
`Wayne, IN 46835
`
`Winchester Ridge, Section II, Community Association, Inc., Attention: Legal Department,
`510 West Washington Boulevard, Fort Wayne, IN 46802
`
`Electronic Mail (e-mail):
`
`Caron D. Williams, AKA Caron Denyse Williams, AKA Caron Williams,
`Caronw1@gmail.com
`
`Chad Dickerson, Attorney for Indiana Housing & Community Development Authority,
`cdickerson@cd-lawoffice.com
`
`x
`
`/s/ Elyssa M. Meade
`
`Elyssa M. Meade
`Stephanie A. Reinhart
`Sarah E. Barngrover
`Chris Wiley
`J. Dustin Smith
`Nicholas M. Smith
`
`3/17/2020
`
`Date
`
`19-002105_ NLC
`
`
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