Friedlander, J.
KOA Properties LLC (KOA) appeals the denial of its motion to set aside the default judgment entered against KOA in a small claims action filed by Laura Matheison. KOA presents the following consolidated and restated issues on appeal:
1. Did the small claims court abuse its discretion by appointing appellate counsel for Matheison?
2. Did the small claims court err in denying KOA’s motion to set aside the default judgment?
We affirm.
On December 29, 2011, Matheison filed her notice of small claim against “Todd Culp, KOA Properties LLC aka/Woodpoint” regarding a lease she had with KOA. Appendix at 23. Todd Culp is the owner and property manager of KOA and KOA’s business address is 729 E. Water Street or PO Box 211 in Hartford City, Indiana. Matheison provided both of these addresses on her notice of claim. Certified mail was returned on service of process on January 4, 2012, indicating Culp accepted service at 729 E. Water Street.
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The entire thrust of KOA’s argument below was that the small claims court did not have personal jurisdiction over KOA because KOA was not listed as a separate party defendant on the notice of claim and KOA was not separately served with the notice. In other words, KOA claims that “the only party served with claim notice was then Defendant Todd Culp, and there was never a return on service for Defendant KOA Properties.” Appellant’s Brief at 11.
Indiana Small Claims Rule 3(A) provides in part: “A copy of the notice of claim shall be served upon each defendant. Service may be made by sending a copy by certified mail with return receipt requested….” Here, the notice of claim listed the defendant as: “Todd Culp, KOA Properties LLC aka/Woodpoint”. Appendix at 23. The notice was served by certified mail at the address listed on the notice of claim. Culp signed for the certified mail, which was addressed to “Todd Culp (KOA Properties LLC)”. Id. at 25.
We do not dispute the fact that Culp and KOA Properties LLC are two separate legal entities under the law. In the context of this small claims proceeding, however, we agree with the trial court that the notice of claim clearly included KOA as a party defendant. To be sure, the address listed on the notice of claim and to which the certified mailing was sent was KOA’s address, and Culp was the acknowledged owner and property manager of KOA.
KOA relies upon Idlewine v. Madison Cnty. Bank & Trust Co., 439 N.E.2d 1198 (Ind. Ct. App. 1982), for the proposition that separate service was required on KOA and Culp. In that case, there was an attempt to serve a husband and wife with a single copy of a summons directed to both. The husband received personal service of the summons and neglected to inform the wife that this had occurred. A default judgment was entered against both defendants. This court set aside the judgment against the wife, stating “[o]ne copy of a joint summons delivered to a residence where two parties to the suit reside does not constitute proper service.” Id. at 1201. Moreover, we explained that even assuming an implied agency, “there remains the insurmountable problem only one summons was served upon [husband]” and, thus, he was unable to give wife a copy of the summons and complaint. Id. at 1202.
Aside from the fact that Idlewine did not involve a small claims action, we observe that separate service upon both legal entities in the instant case would have been sent not only to the same address but would have been directed to the same person, Todd Culp – the owner and property manager of KOA. See generally Ind. Trial Rule 4.6 (service upon organizations). We cannot agree with KOA that when Culp accepted the certified mailing addressed to “Todd Culp (KOA Properties LLC)” at KOA’s business address there was a total failure to serve process on KOA. Unlike the wife in Idlewine, KOA was provided with service reasonably calculated to inform KOA that a small claims action had been instituted against it. See Idlewine v. Madison Cnty. Bank & Trust Co., 439 N.E.2d 1198; Ind. Trial Rule 4.15(F) (savings provision for technical defects in summons or service). [Footnote omitted.]
KOA has failed to establish that the trial court abused its discretion by denying KOA’s motion to set aside the default judgment based upon lack of personal jurisdiction.
Judgment affirmed.
NAJAM, J., and BRADFORD, J., concur.