STATE OF INDIANA ) ** )SS: IN THE MARION SUPERIOR COURT 3 COUNTY OF MARION ) CAUSE NO. 49D03-2501-MF-002559
FINANCIAL CENTER
FIRST CREDIT UNION,
Plaintiff,
vs.
CODY RICE-VELASQUEZ,
et al.,**
Defendants.
ADA / DISABILITY AFFIDAVIT
STATE OF [Aff State] )
** )SS:
COUNTY OF [Aff County] )
I, [Affiant Full Name], being first duly sworn upon my oath, depose and say:
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Identity & Qualifications: I am over the age of eighteen (18) and hold the professional credentials of [e.g., MD, Licensed Clinical Social Worker, PhD]. I have treated/evaluated Cody Rice-Velasquez since [Date].
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Diagnoses: Cody Rice-Velasquez has been clinically diagnosed with [List Conditions, e.g., ADHD - Inattentive Type, Executive Function Disorder, Delayed Auditory Processing, Anxiety]. These conditions are recognized disabilities under the Americans with Disabilities Act (ADA).
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Functional Limitations: These impairments significantly limit one or more major life activities, specifically: [List activities, e.g., processing complex verbal information, organizing chronological tasks, and responding to non-routine stimuli].
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Impact on Legal Notice: In my professional opinion, Cody’s executive dysfunction and auditory/information processing delays make “irregular service” (such as a brief knock at a door or a document left in an unusual location) an ineffective method of notice.
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Requirement for Redundancy: Because of his disability, Cody requires standardized, written, and mailed communication to ensure he can process and prioritize legal obligations. The “Mailing” requirement of Trial Rule 4.1(B) is a necessary accommodation for an individual with Cody’s cognitive profile to ensure meaningful access to the courts.
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Causation of Neglect: If Cody did not receive a mailed copy of the summons, his failure to respond to a “left” copy at the door is a direct manifestation of his disability-related impairments, rather than a willful or intentional disregard for the Court’s authority. This constitutes “Excusable Neglect” from a clinical perspective.
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Purpose: I submit this affidavit to provide the Court with medical context regarding why the Plaintiff’s failure to complete service by mail resulted in a total lack of actual notice to the Defendant.
VERIFICATION I affirm under the penalties for perjury that the foregoing representations are true.
Signature: __________________________ Date: ____________ Printed Name/Title: ______________________________________