Filed: 12/17/2018 3:59 PM

Clerk
Monroe Circuit Court 6 Monroe County, Indiana

STAIE OF INDIANA) IN THE MONROE CIRCUIT COUKT

) SS:
couNTY oF MONROE ) CAIJSE NO 53C06-1812-PL-002651

MARY M. HILL
Plaintiff,

vs.

LITTLE EASY ENTERPRISES, INC

dlblaThe Player's Pub,
JOSEPH C. ESTIVILL and
VICTORIA KILMER
Defendants.

COMPLAINT FOR EVICTION.

DAMAGES AND RESTRAINING ORDER

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

C. Estivill and Victoria Kilmer, now alleges and states:

1 Plaintiff Mary M. Hill ("Landlord") is an individual who owns property in

Monroe County, Indiana.

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

and incorporated herein by reference.

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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

through July 15, 2019.

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

month during each month of the Lease term.

5. Tenant agreed to pay all property taxes for the Leased Premises.

6. Tenant has failed to pay rent and property taxes.

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

the balance of the lease term.

9. Tenant agreed to use, maintain, and occupy the Leased Premises in a careful, safe,

and orderly manner. Tenant agreed to not commit waste.

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

failed refused to peacefully vacate the premises.

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

and is entitled to recover reasonable attomey fees pursuant to the Lease.

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

for all other and proper relief.

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.

Estivill and Victoria Kilmer, now alleges and states:

19. Plaintiff incorporates rhetorical paragraphs 1 through 17 of Count I the same as if

set forth here verbatim.

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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

other and proper relief.

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

and Victoria Kilmer, now alleges and states:

22. Plaintiffincorporates rhetorical paragraphs 1 through 2l of Count I the same as if

set forth here verbatim

23. Defendants have forcibly entered the leased premises.

24. Defendants have caused damages by breaking a window,

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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

other and proper relief

Respectfully submitted,

CARMINPARKER, PC

/s/ Michael L. Carmin

Michael L. Carmin,
Attorney for Plaintiff

Michael L. Carmin, #12331-53

Daniel M. Cyr, #32555-53
CARMINPARKER, PC
Attorneys atLaw
116 W 6th Street, Suite 200
P.O. Box 2639
Bloomington, Indiana 47 402-2639
Telephone : (812) 332-65 5 6

412130 I 23968-1