Notice of Suit - AD-000003 Binkley
March 8, 2018 at 6:26 p.m.
By -
STATE OF INDIANA
SS:
COUNTY OF KOSCIUSKO
IN THE MATTER OF THE ADOPTION OF
JOCELYN ROSE BINKLEY, Minor
ASHLEY BINKLEY, Petitioner
v.
SARAH J. KINDIG, Respondent/Natural Mother
IN THE KOSCIUSKO SUPERIOR COURT 1
CAUSE NO. 43D01-1803-AD-000003
NOTICE OF SUIT
The State of lndiana to SARAH J. KINDIG above named, and any other person who may be concerned. You are notified that a Petition for Step-Mother's Adoption of Minor Child was filed on March 6, 2018 in the Court above named and the Court has scheduled hearing on said Petition on May 4, 2018 at 8:30 A.M.
Specifically, Sarah J. Kindig, who is the natural mother of Jocelyn Rose Binkley (hereinafter "the child"), born on the 17th of May, 2015, is hereby notified that a Petition for Step-Mother's Adoption of Minor Child was filed in the office of the Clerk of Kosciusko Superior Court 1, 121 North Lake Street, Warsaw, Indiana 46580 on March 6, 2018. The Petition for Adoption alleges that the consent to adoption of Sarah J. Kindig (your consent) is not required because Sarah J. Kindig (you) has (you have) not had any substantial contact or communication with Jocelyn Rose Binkley for a period of more than one year, and knowingly has (have) failed to provide for the care and support of Jocelyn Rose Binkley for a period of more than one year, when able to do so as required by law or judicial decree. Indiana Code § 31-19-9-8(a)(2) states: "A parent of a child in the custody of another person if for a period of at least one (1) year the parent fails without justifiable cause to communicate significantly with the child when able to do so; or knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree."
Subsection b of Indiana Code § 31-19-9-8 states: "If a parent has made only token efforts to support or to communicate with the child the court may declare the child abandoned by the parent.
Additionally, Indiana Code § 31-19-9-S(a)(l) states: "A parent or parents if the child is adjudged to have been abandoned or deserted for at least six (6) months immediately preceding the date of the filing of the petition for adoption." Sarah J. Kindig, the natural mother, has abandoned Jocelyn, and has failed without justifiable cause to communicate significantly with the child when able to do so; and/or knowingly failed for more than a year, to provide for the care and support of the child when able to do so as required by law or judicial decree.
If Sarah J. Kindig (you) wishes (wish) to contest the adoption of the child, she (you) must file a Motion to Contest the Adoption in accordance with I.C. §31-19-10 in the above-named Court not later than thirty (30) days after the date of service of this notice of said pending adoption.
If Sarah J. Kindig does (you do) not file a Motion to Contest the Adoption within thirty (30) days after such service of this Notice, the above-named Court will hear and determine the Petition for Adoption. Her (your) consent will be irrevocably implied, and she (you) will lose her (your) right to contest either the adoption or the validity of her (your) implied consent to the adoption.
If you have a claim for relief against the Petitioner arising from the same transaction or occurrence, or if you object to the adoption requested, you must assert it in writing, by you or your attorney on or before the 23rd day of April, 2018, (the same being within thirty (30) days after the Third Published Notice of Suit), and if you fail to do so a judgment will be entered granting the Petitioner's Petition for Adoption.
Ann Torpy, Clerk
Kosciusko Circuit Court
Paul D. Refior ("Rafe")
Attorney #6373-98
REFIOR LAW OFFICE
347 N. Buffalo St. Warsaw, IN 46580
TEL: 574/269-6649
FAX: 574/269-7487
EMAIL: paul @refior.com
Attorney for Petitioner
3-10,17,24 hspaxlp
STATE OF INDIANA
SS:
COUNTY OF KOSCIUSKO
IN THE MATTER OF THE ADOPTION OF
JOCELYN ROSE BINKLEY, Minor
ASHLEY BINKLEY, Petitioner
v.
SARAH J. KINDIG, Respondent/Natural Mother
IN THE KOSCIUSKO SUPERIOR COURT 1
CAUSE NO. 43D01-1803-AD-000003
NOTICE OF SUIT
The State of lndiana to SARAH J. KINDIG above named, and any other person who may be concerned. You are notified that a Petition for Step-Mother's Adoption of Minor Child was filed on March 6, 2018 in the Court above named and the Court has scheduled hearing on said Petition on May 4, 2018 at 8:30 A.M.
Specifically, Sarah J. Kindig, who is the natural mother of Jocelyn Rose Binkley (hereinafter "the child"), born on the 17th of May, 2015, is hereby notified that a Petition for Step-Mother's Adoption of Minor Child was filed in the office of the Clerk of Kosciusko Superior Court 1, 121 North Lake Street, Warsaw, Indiana 46580 on March 6, 2018. The Petition for Adoption alleges that the consent to adoption of Sarah J. Kindig (your consent) is not required because Sarah J. Kindig (you) has (you have) not had any substantial contact or communication with Jocelyn Rose Binkley for a period of more than one year, and knowingly has (have) failed to provide for the care and support of Jocelyn Rose Binkley for a period of more than one year, when able to do so as required by law or judicial decree. Indiana Code § 31-19-9-8(a)(2) states: "A parent of a child in the custody of another person if for a period of at least one (1) year the parent fails without justifiable cause to communicate significantly with the child when able to do so; or knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree."
Subsection b of Indiana Code § 31-19-9-8 states: "If a parent has made only token efforts to support or to communicate with the child the court may declare the child abandoned by the parent.
Additionally, Indiana Code § 31-19-9-S(a)(l) states: "A parent or parents if the child is adjudged to have been abandoned or deserted for at least six (6) months immediately preceding the date of the filing of the petition for adoption." Sarah J. Kindig, the natural mother, has abandoned Jocelyn, and has failed without justifiable cause to communicate significantly with the child when able to do so; and/or knowingly failed for more than a year, to provide for the care and support of the child when able to do so as required by law or judicial decree.
If Sarah J. Kindig (you) wishes (wish) to contest the adoption of the child, she (you) must file a Motion to Contest the Adoption in accordance with I.C. §31-19-10 in the above-named Court not later than thirty (30) days after the date of service of this notice of said pending adoption.
If Sarah J. Kindig does (you do) not file a Motion to Contest the Adoption within thirty (30) days after such service of this Notice, the above-named Court will hear and determine the Petition for Adoption. Her (your) consent will be irrevocably implied, and she (you) will lose her (your) right to contest either the adoption or the validity of her (your) implied consent to the adoption.
If you have a claim for relief against the Petitioner arising from the same transaction or occurrence, or if you object to the adoption requested, you must assert it in writing, by you or your attorney on or before the 23rd day of April, 2018, (the same being within thirty (30) days after the Third Published Notice of Suit), and if you fail to do so a judgment will be entered granting the Petitioner's Petition for Adoption.
Ann Torpy, Clerk
Kosciusko Circuit Court
Paul D. Refior ("Rafe")
Attorney #6373-98
REFIOR LAW OFFICE
347 N. Buffalo St. Warsaw, IN 46580
TEL: 574/269-6649
FAX: 574/269-7487
EMAIL: paul @refior.com
Attorney for Petitioner
3-10,17,24 hspaxlp
Have a news tip? Email [email protected] or Call/Text 360-922-3092