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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-12-27
Type Ac Unlawful Detainer
Docket 128 entries
Disposition tried by court-civil

Parties

Plaintiff Dochterman, Kein R.|Fellinger, Chelsea
Defendant Lindsey, Shaylee|Lindsey, Shana Renee
Photo of Hon. Conger Koenig, Holly

Judge

Hon. Conger Koenig, Holly

Adair County (MO)

Missouri

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Docket Entries

  2. Bond-Surety Bond Posted Surety Bond: Filed.
  3. Receipt Filed Receipt of $350.00: Filed. Filed By: SHANA RENEE LINDSEY
  4. Correspondence Filed Letter from Exchange Bank: Filed. Filed By: SHANA RENEE LINDSEY
  5. Objections Filed Object Petitioner's Invoice for Subsequently accrued Rent and Motion to Amend and/or Supplement Bond: Filed. Filed By: SHANA RENEE LINDSEY
  6. Motion Filed Withdrawal of Respondents Motion to Dismiss. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  7. Notice Notice of Entry Mailed to Defendants:Filed
  8. Order Now on this 9th day of December, 2024 the Court is advised of Ms. Fellinger's Motion to Amend and/or Supplement and grants same. Ms. Lindsey must post a bond in the amount of $4,072.29 by December 13, 2024 to stay execution in this matter. Ms. Lindsey also must file an additional $350 per month on or due before the 10th day of each month pending the determination of the appeal for the stay of execution to continue. Ms. Lindsey must also commit no waste on the real estate in this matter. Clerk is directed to send notice to all interested parties. /s/ Holly Conger-Koenig
  9. Order Order from Missouri Court of Appeals: Filed.
  10. Correspondence Filed Letter from Mo Court of Appeals: Filed.
  11. Motion to Dismiss Respondents Motion to Dismiss for Cause. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  12. Motion Filed Petitioners Invoice for Subsequently Accrued Rent and Motion to Amend andor Supplement Bond. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  13. Order Now on this 3rd day of December, 2024 the Court is advised of the order from the Court of Appeals. Defendant will be allowed to post the bond amount as set by the Court of Appeals in this matter, plus all subsequently accruing rent. Plaintiff will need to file an invoice for subsequently accrued rent in this matter within three (3) days of this order. A cash or supersedeas bond will be accepted by the Court. /s/ Holly Conger-Koenig
  14. Correspondence Filed Correspondence to Judge. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  15. Ackn Notice of Appeal Filed Acknowledge Receipt of the Notice of Appeal from Mo Court of Appeals: Filed.
  16. Certfctn Del of Notc of Appeal Notice of Appeal Email to Missouri Court of Appeals Eastern District: Filed.
  17. Notice Notice of Appeal Mailed to Listed Parties: Filed.
  18. Memorandum Filed Memorandum of Clerk: Filed.
  19. Certif Copies/Leg File Prepard Civil Case on Appeal - Legal File Certified Copies: Filed.
  20. Notice of Appeal Filed Notice of Appeal to Missouri Court of Appeals - Civil: Filed. Filed By: SHANA RENEE LINDSEY
  21. Order Now on this 18th day of November, 2024 the Court is advised of the Request for Stay. Counsel are to submit available dates for a webex hearing. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  22. Response Filed Petitioners Response to Defendant, Shana R. Lindseys, Request Permission to File Bond and Stay. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  23. Request Filed Request Permission to File Bond & Stay: Filed. Filed By: SHANA RENEE LINDSEY
  24. Order Order from Missouri Court of Appeals Eastern District: Filed.
  25. Correspondence Filed Order from Missouri Court of Appeals Eastern District: Filed.
  26. Correspondence Filed Transcript Transmittal Letter; Electronic Filing Certificate of Service.
  27. Note to Clerk eFiling
  28. Correspondence Filed Transcript Transmittal Letter; Electronic Filing Certificate of Service.
  29. Ord Sound Recording Transcript Order Form for Transcripts from Sound Recording: Filed.
  30. Request Filed Request: Filed. Filed By: SHAYLEE LINDSEY
  31. Hearing Held Associated Entries: 09/27/2024 - Hearing Continued/Rescheduled Associated Entries: 09/27/2024 - Hearing Scheduled Scheduled For: 10/08/2024; 9:00 AM; HOLLY CONGER-KOENIG; Clark Circuit
  32. Sound Recording Log Sheet Sound Recording Log:Filed
  33. Order Motion to Withdraw granted. Motion for Injunction denied. HCK
  34. Sound Recording Log Sheet Sound Recording Log:Filed
  35. Hearing Scheduled Associated Entries: 10/08/2024 - Hearing Held Scheduled For: 10/08/2024; 9:00 AM; HOLLY CONGER-KOENIG; Clark Circuit
  36. Hearing Continued/Rescheduled Associated Entries: 09/18/2024 - Hearing Scheduled Associated Entries: 10/08/2024 - Hearing Held Hearing Continued From: 09/27/2024; 9:00 AM Hearing
  37. Order Continued at Respondent's request. Hearing on all motions: 10-8-24 @ 9. HCK
  38. Notice of Court Hearing Sent
  39. Available/Conflict Dates Filed Available Dates; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER
  40. Hearing Scheduled Associated Entries: 09/27/2024 - Hearing Continued/Rescheduled Scheduled For: 09/27/2024; 9:00 AM; HOLLY CONGER-KOENIG; Clark Circuit
  41. Order Now on this 18th day of September, 2024 the Court has reviewed the available dates and sets this matter for hearing on September 27, 2024 at 9:00 am. Counsel are allowed to appear via Webex. Clerk is directed to send notice to all interested parties. /s/ Holly Conger-Koenig
  42. Available/Conflict Dates Filed Available Dates Letter; Electronic Filing Certificate of Service. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  43. Filing: Filing from S.L.: Filed. Filed By: SHANA RENEE LINDSEY
  44. Motion Filed Motion Request for Injunction Emergency: Filed. Filed By: SHANA RENEE LINDSEY
  45. Notice Notice of Entry: Filed.
  46. Order Now on this 9th day of September, 2024 the Court is advised Ms. Lindsey is requesting a hearing on this matter. As such, Counsel are to provide available dates for hearing within seven (7) days of this entry. Clerk is directed to send notice of this entry to all interested parties. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  47. Ord Sound Recording Transcript Order Form for Transcripts from Sound Recording: Filed.
  48. Request for Hearing Request for Hearing: Filed. Filed By: SHANA RENEE LINDSEY
  49. Request Filed Request for Transcripts: Filed. Filed By: SHANA RENEE LINDSEY
  50. Filing: Filing from Defendant: Filed. Filed By: SHANA RENEE LINDSEY
  51. Ackn Notice of Appeal Filed Acknowledge Receipt of the Notice of Appeal: Filed.
  52. Motion of Withdrawl of Counsel Motion to Withdraw as Counsel; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY
  53. Certfctn Del of Notc of Appeal Notice of Appeal Email to Missouri Court of Appeals Eastern District: Filed.
  54. Notice Notice of Appeal Mailed to Listed Parties: Filed.
  55. Memorandum Filed Memorandum of the Clerk: Filed.
  56. Ord Allow In Forma Pauperis Now on this 28th day of August, 2024 the Court has reviewed the Respondent's Motion to Proceed In Forma Pauperis filed herein and being duly advised in the premises orders that Respondent be allowed to proceed with the appeal and Respondent not be required to deposit the applicable docket fee. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  57. Mot to Proc In Forma Pauperis Motion and Affidavit in Support of Request to Proceed As a Poor Person: Filed. Filed By: SHANA RENEE LINDSEY
  58. Notice of Appeal Filed Notice of Appeal to Missouri Court of Appeals - Civil: Filed. Filed By: SHANA RENEE LINDSEY
  59. Order Now on this 18th day of July, 2024 the Court rules on the Motion for New Trial. This matter was set for hearing on July 16, 2024. Kevin Dochterman appeared in person with his attorney, Chelsea Fellinger. Shana Lindsey appeared in person with her attorney, Tessa Oiler. Shaylee Lindsey appeared in person, pro se. Parties announced ready and evidence was taken. Based on the argument and relevant evidence, the Court overrules the Motion for New Trial in this matter. Section 535.030 (4) specifically addressed the matter at issue in this case and provides a ten day deadline to either request the judgment be set aside or to make application for a trial de novo, neither of those occurred in the case before this Court. Motion for New Trial is denied. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  60. Exhibit Filed Exhibit 1: Filed. Filed By: SHANA RENEE LINDSEY
  61. Sound Recording Log Sheet Sound Recording Log:Filed
  62. Hearing Held Associated Entries: 06/27/2024 - Hearing Scheduled Scheduled For: 07/16/2024; 1:00 PM; HOLLY CONGER-KOENIG; Clark Circuit
  63. Order Hearing held. Matter taken under advisement. HCK
  64. Hearing Scheduled Associated Entries: 07/16/2024 - Hearing Held Scheduled For: 07/16/2024; 1:00 PM; HOLLY CONGER-KOENIG; Clark Circuit
  65. Order Now on this 27th day of June, 2024 the Court has reviewed the available dates and sets this matter for hearing on July 16, 2024 at 1:00 pm. /s/ Holly Conger-Koenig
  66. Response Filed Petitioners Response to Defendant, Shana R. Lindseys, Motion to Vacate Judgment and for New Trial; Electronic Filing Certificate of Service. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  67. Available/Conflict Dates Filed Available Dates; Electronic Filing Certificate of Service. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  68. Available/Conflict Dates Filed Available Dates; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER
  69. Order Now on this 14th day of June, 2024 the Court is advised of the Motion to Vacate Judgment and For New Trial and directs counsel to submit available dates for hearing. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  70. Motion for New Trial Motion to Vacate Judgment and For New Trial; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY
  71. Exhibit Filed Exhibit H:Filed
  72. Exhibit Filed Exhibit G:Filed
  73. Exhibit Filed Exhibit F:Filed
  74. Exhibit Filed Exhibit E:Filed
  75. Exhibit Filed Exhibit D:Filed
  76. Exhibit Filed Exhibit C:Filed
  77. Exhibit Filed Exhibit 3:Filed
  78. Exhibit Filed Exhibit 2:Filed
  79. Exhibit Filed Exhibit 1:Filed
  80. Notice Judgment Mailed to Petitioner and Respondents:Filed
  81. Judgment Entered The Court Further Orders Petitioner to Immediate Possession of the Real Estate Set Forth Above; That the Sheriff of Clark County, Missouri, or His Deputy, Use Such Force as May be Necessary to Immediately Oust Respondents From Possession of the Described Real Estate and Deliver Possession Thereof to Petitioner; That Respondents Immediately Remove All of Their Personal Property From the Above-Described Premises and Respondents' Failure to Do So Within Ten (10) Day So of This Order Shall Constitute Abandonment of Same. The Court Further Awards Attorney's Fees in the Amount of $1,972.29 in Favor of Petitioner; So Ordered: (See Judgment) Associated Entries: 05/14/2024 - Tried by Court-Civil
  82. Tried by Court-Civil Associated Entries: 05/14/2024 - Judgment Entered +
  83. Sound Recording Log Sheet Sound Recording Log:Filed
  84. Order Hearing held. Matter taken under advisement. HCK
  85. Hearing Held Associated Entries: 04/19/2024 - Hearing Continued/Rescheduled Associated Entries: 04/19/2024 - Hearing Scheduled Scheduled For: 05/07/2024; 1:00 PM; HOLLY CONGER-KOENIG; Clark Circuit
  86. Cert of Inability to Pay Filed Certification of Inability to Pay; Electronic Filing Certificate of Service. Filed By: JEFFREY LEE MILLER On Behalf Of: SHANA RENEE LINDSEY, SHAYLEE LINDSEY
  87. Certificate of Service Certificate of Service - Answers to Interrogatories and Response to Request for Production; Electronic Filing Certificate of Service. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN
  88. Hearing Scheduled Associated Entries: 05/07/2024 - Hearing Held Scheduled For: 05/07/2024; 1:00 PM; HOLLY CONGER-KOENIG; Clark Circuit
  89. Hearing Continued/Rescheduled Associated Entries: 03/28/2024 - Hearing Scheduled Associated Entries: 05/07/2024 - Hearing Held Hearing Continued From: 04/19/2024; 2:00 PM Hearing
  90. Sound Recording Log Sheet Sound Recording Log:Filed
  91. Order Hearing: 5-7-24 @ 1. No continuances. HCK
  92. Order Now on this 18th day of April, 2024 the Court, after having reviewed the briefs submitted by Counsel, makes the following findings: Defendants' Motion for Continuance has already been granted by the Court over objection of Plaintiff. The Motion for Jury Trial is overruled as it was not filed timely and in compliance with Section 517.091. Further, the Request for Jury Trial was withdrawn in Defendants' Suggestions in Support. Regarding Defendants' Motion to Dismiss, two issues were raised: stay due to bankruptcy proceedings and civil procedure pleading requirements. In regard to the stay for bankruptcy proceedings, the Court did not take any adverse action against Defendants and, in fact, continued the matter until the bankruptcy issues could be remedied, therefore the Motion to Dismiss as it relates to the stay for bankruptcy proceedings is overruled. In regard to the civil procedure pleading requirements, the Court overrules the motion to dismiss or for more definite statement. In Leve v. Delph, 710 S.W.2d 389 (Mo. App. 1986), the Court held " that the unlawful detainer statute is an exclusive and special code to which the ordinary rules and proceedings of other civil actions do not apply." Lake of the Woods Apartments v. Carson, 651 S.W.2d 556, 558 (Mo.App.1983). Further in First Nat. Bank of Kansas City v. Kavorinos, 283 S.W.2d 452 (Mo. 1955), the Court stated "[t]he special statutes dealing with forcible entry and unlawful detainer control over the general statutes concerning civil procedure." Gunn v. Sinclair, 52 Mo. 327, 332. In this case, the lease agreement has been filed in the Recorder of Deeds so Defendant is at no disadvantage because the pleadings did not provide a copy of the lease agreement. Motion to Dismiss is overruled. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  93. Order Now on this 18th day of April, 2024 the Court, after conference with Counsel, changes the hearing on April 19, 2024 to a webex hearing. Clerk is directed to provide a link to Counsel of Record. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  94. CRIFS/Unredacted Document Unredacted Suggestions in Support of Defendants Motion for Continuance, Motion for Jury Trial and Motion to Dismiss; Electronic Filing Certificate of Service in associated to Briefs filed on 04/12/2024. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 04/12/2024 - Filing of Briefs +
  95. Filing of Briefs Redacted Suggestions in Support of Defendants Motion for Continuance, Motion for Jury Trial and Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 04/12/2024 - CRIFS/Unredacted Document +
  96. CRIFS/Unredacted Document Unredacted Amended Motion to Dismiss; Electronic Filing Certificate of Service in associated to Dismiss (motion) filed on 04/12/2024. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 04/12/2024 - Motion to Dismiss +
  97. Motion to Dismiss Redacted Amended Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 04/12/2024 - CRIFS/Unredacted Document +
  98. Memo of Law in Suppt of Filed Petitioners Memorandum of Law; Electronic Filing Certificate of Service. Filed By: CHELSEA FELLINGER
  99. Mot to Join Additional Party Motion to Join Necessary Party; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY
  100. CRIFS/Unredacted Document Unredacted Certificate of Mailing; Electronic Filing Certificate of Service in associated to Certification (other) filed on 03/29/2024. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - Certification Filed +
  101. Certification Filed Redacted Certificate of Mailing; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - CRIFS/Unredacted Document +
  102. CRIFS/Unredacted Document Unredacted Motion for Continuance; Electronic Filing Certificate of Service in associated to Continuance filed on 03/29/2024. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - Motion for Continuance +
  103. Motion for Continuance Redacted Motion for Continuance; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - CRIFS/Unredacted Document +
  104. CRIFS/Unredacted Document Unredacted Jury Trial Request; Electronic Filing Certificate of Service in associated to Jury Trial (motion) filed on 03/29/2024. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - Motion for Jury Trial +
  105. Motion for Jury Trial Redacted Jury Trial Request; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - CRIFS/Unredacted Document +
  106. CRIFS/Unredacted Document Unredacted Motion to Dismiss; Electronic Filing Certificate of Service in associated to Dismiss (motion) filed on 03/29/2024. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - Motion to Dismiss +
  107. Motion to Dismiss Redacted Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY Associated Entries: 03/29/2024 - CRIFS/Unredacted Document +
  108. Judge/Clerk - Note Docket Faxed to the CCSO: Filed.
  109. Sound Recording Log Sheet FTR Log: Filed.
  110. Hearing Scheduled Associated Entries: 04/19/2024 - Hearing Continued/Rescheduled Scheduled For: 04/19/2024; 2:00 PM; HOLLY CONGER-KOENIG; Clark Circuit
  111. Order Now on this 28th day of March, 2024 this matter comes on for hearing. Petitioner appears in person with his attorney, Ms. Fellinger, and Respondent Shana Lindsay appears in person with her attorneys, Mr. Miller and Ms. Oilar. Additional Respondent appears in person and pro se. Several motions were presented to the Court by Mr. Miller. Argument was had on all motions. Court takes the motions under advisement. Parties are allowed 15 days from today's date to file briefs in support of their positions. Petitioner is allowed to enter the premise in question on Friday, March 29, 2024 at 9:00 am to inspect the premise, and is allowed an hour to perform the inspection. Matter is rescheduled for hearing on April 19, 2024 at 2:00 pm. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  112. Hearing Scheduled Associated Entries: 01/29/2024 - Hearing Continued/Rescheduled Associated Entries: 01/29/2024 - Hearing Scheduled Scheduled For: 03/28/2024; 1:30 PM; HOLLY CONGER-KOENIG; Clark Circuit
  113. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: TESSA KATHRYN OILER On Behalf Of: SHANA RENEE LINDSEY
  114. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JEFFREY LEE MILLER On Behalf Of: SHANA RENEE LINDSEY
  115. Notice
  116. Hearing Scheduled Associated Entries: 03/28/2024 - Hearing Scheduled Scheduled For: 03/28/2024; 1:30 PM; HOLLY CONGER-KOENIG; Clark Circuit
  117. Hearing Continued/Rescheduled Associated Entries: 12/28/2023 - Hearing Scheduled Associated Entries: 03/28/2024 - Hearing Scheduled Hearing Continued From: 02/01/2024; 1:30 PM Hearing
  118. Order Now on this 29th day of January, 2024 the Court is advised of Petitioner's request for continuance and grants same. Cause is continued to March 28, 2024 at 1:30 pm. Clerk is directed to send notice to all interested parties. /s/ Holly Conger-Koenig Filed By: HOLLY CONGER-KOENIG
  119. CRIFS/Unredacted Document CRIFS Motion and Request for Continuance in associated to Continuance filed on 01/26/2024. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN Associated Entries: 01/26/2024 - Motion for Continuance +
  120. Motion for Continuance Motion and Request for Continuance. Filed By: CHELSEA FELLINGER On Behalf Of: KEVIN R. DOCHTERMAN Associated Entries: 01/26/2024 - CRIFS/Unredacted Document +
  121. Notc/Sugg of Bankruptcy Filed Suggestions of Bankruptcy; Bankruptcy Notice and Certificate of Service; Electronic Filing Certificate of Service. Filed By: NICOLETTE ROBOVSKY On Behalf Of: SHANA RENEE LINDSEY
  122. Summons Personally Served Document ID - 23-SOUD-6; Served To - SHANA RENEE LINDSEY; Server - SO CLARK COUNTY-KAHOKA; Served Date - 01/02/2024; Served Time - 15:30:00; Service Type - SD; Reason Description - SERV; Service Text -
  123. Summons Personally Served Document ID - 23-SOUD-7; Served To - SHAYLEE LINDSEY; Server - SO CLARK COUNTY-KAHOKA; Served Date - 01/02/2024; Served Time - 15:30:00; Service Type - SD; Reason Description - SERV; Service Text -
  124. Summons Issued-Unlawful Detain Document ID: 23-SOUD-7, for LINDSEY, SHAYLEE. Summons attached in PDF form for Attorney to retrieve from Secure Case.net. and Process for Service.
  125. Summons Issued-Unlawful Detain Document ID: 23-SOUD-6, for LINDSEY, SHANA RENEE. Summons attached in PDF form for Attorney to retrieve from Secure Case.net. and Process for Service.
  126. Hearing Scheduled Associated Entries: 01/29/2024 - Hearing Continued/Rescheduled Scheduled For: 02/01/2024; 1:30 PM; HOLLY CONGER-KOENIG; Clark Circuit
  127. Pet Filed in Associate Ct Filed By: CHELSEA FELLINGER
  128. Confidential Address Filed Confidential Case Filing Information Sheet. Filed By: CHELSEA FELLINGER

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