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Clerk
Monroe Circuit Court 6 Monroe County, Indiana
MARY M. HILL
Plaintiff,
vs.
COUNT I
BREACH OF LEASE
Comes now the Plaintiff, Mary M. Hill, by counsel, CARMINPARKER, PC, and for
cause of action against Defendants, Little Easy Enterprises, Inc., dlblaThe Player's Pub, Joseph
2. On or about the 13th day of July,2016, Defendants Little Easy Enterprises, Inc.,
d/b/a The Player's Pub, Joseph C. Estivill and Victoria Kilmer (hereinafter "Tenants" or
collectively "Tenant") entered into a Commercial Lease Agreement (hereinafter "Lease") with
Landlord. A copy of the Commercial Lease Agreement is marked as Exhibit "A", afrached hereto
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3. Tenant leased the first floor commercial space of the building located at 424 South
Walnut Street, Bloomington, Indiana ("Leased Premises") for the time period of July 16,2016
4. Tenant agreed to pay Plaintiff rent in twelve equal monthly installments of One
Thousand Five Hundred Dollars ($1,500.00) with each installment due on the 15th day of the
5. Tenant agreed to pay all property taxes for the Leased Premises.
7 . Pursuant to the Lease, Tenant agreed to pay alate charge of Ten Percent (10%) of
the monthly rent if payment is not received within five (5) days.
8. Pursuant to the Lease, upon default Landlord is entitled to accelerate rent through
9. Tenant agreed to use, maintain, and occupy the Leased Premises in a careful, safe,
10. Tenant agreed to peacefully surrender possession of the Leased Premises in the
event of Default.
I 1. After Landlord properly notified the Tenant to surrender the premises, Tenant
12. After credit for previously paid security deposit, the balance due and owing from
Defendants to Plaintiff through the end of the Lease Term is in the sum of TWelve Thousand Six
Dollars ($12,000.00), plus late fees of One Hundred Fifty Dollars ($150.00) per Month.
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13. Defendants have failed to pay property taxes due in November 2018 in the amount
of Three Thousand and Four Hundred Forty-Seven and 80/100 Dollars ($3,447.80).
14. Defendants have failed and refused to abide by the provisions of the Lease.
15. Plaintiff has suffered immediate and serious damages by Defendants' breach of
the Lease.
16. Plaintiff is entitled to an order evicting Defendants from the leased premises and,
in accordance with I.C. $32-31-6, is filing a Verified Petition for Emergency Possessory Order
contemporaneously herewith.
17. Plaintiff has been compelled to employ an attorney to bring this cause of action
WHEREFORE, Plaintiff, Mary M. Hill, prays for judgment against Defendants, Little
Easy Enterprises, Inc., dlblaThe Player's Pub, Joseph C. Estivill and Victoria Kilmer, for breach
of the Lease, for an order evicting Defendants from the premises, for damages, attorney fees and
COUNT II
PERSONAL GUARANTEE
18. Plaintiff, Mary M. Hill, by counsel, CARMINPARKER, PC, and for second cause
of action against Defendants, Little Easy Enterprises, Inc., dlbla The Player's Pub, Joseph C.
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20. In order to induce Plaintiff to enter into the Lease with Little Easy Enterprises,
Inc., dlbla The Player's Pub, Defendants, Joseph C. Estivill and Victoria Kilmer, individually
agreed to personally guarantee the full performance by Little Easy Enterprises, Inc., dlbla The
Player's Pub, of the Lease and they are jointly and severally liable with Little Easy Enterprises,
Inc., dlblaThe Player's Pub for damages and any breach of the Lease
21. In accordance with the terms of the Lease Guaranty Agreement, Joseph C. Estivill
and Victoria Kilmer owe to Plaintiff the full amount owed by Little Easy Enterprises, Inc., d/b/a
The Player's Pub, including costs and expenses and attorney fees incurred in prosecuting this
action.
WHEREFORE, Plaintiff, Mary M. Hill, prays for judgment against Defendants, Joseph
C. Estivill and Victoria Kilmer, for breach of the Lease, for damages, attorney fees and for all
COUNT III
COMPLAINT FOR TRESPASS
AND INJUNCTIVE RELIEF
Plaintiff, Mary M. Hill, by counsel, CARMINPARKER, PC, and for second cause of
action against Defendants, Little Easy Enterprises, Inc., dlblaThe Player's Pub, Joseph C. Estivill
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25. Defendants have accessed on the roof of the leased premises to gain entry to the
building.
26. Defendants have committed these acts without any permission or lawful right
WHEREFORE, Plaintiff, Mary M. Hill, prays for judgment against Defendants, Little
Easy Enterprises, Inc., dlbla The Player's Pub, Joseph C. Estivill and Victoria Kilmer for
trespass, for an award of damages in the amount of the costs required to repair the physical
damage caused to Plaintiff's real estate, together with attorney fees and costs of this action, and
for an order enjoining Defendant from further entering upon Plaintiff's real estate, and for all
Respectfully submitted,
CARMINPARKER, PC
412130 I 23968-1