Notice of Complaint To Quiet Title PL-000100 Witt

October 29, 2020 at 1:01 p.m.

By -

NOTICE OF COMPLAINT TO QUIET TITLE TO

 AND ADVERSE POSSESSION OF REAL ESTATE

STATE OF INDIANA

SS

COUNTY OF KOSCIUSKO

RICHARD C. WITT AND NANCY L. WITT, Plaintiffs

FUN CENTER, INC., THE UNKNOWN HEIRS  AND  DEVISEES  OF  

ROYCE  A.   ) COX AND MARTHA J. COX, DECEASED, CINCINNATI, WABASH & MICHIGAN ) RAILWAY COMPANY, CENTER LAKE PLAZA, LLC AND ANY OTHER PERSONS CLAIMING AN INTEREST IN THE REAL ESTATE DESCRIBED HEREIN, Defendants.

IN THE KOSCIUSKO CIRCUIT COURT

CAUSE NUMBER 43D04-2010-PL-000100

    To the within named Defendants and any persons claiming an interest in the real estate described herein:

    YOU ARE HEREBY NOTIFIED that Plaintiffs have filed an action to quiet title to and for adverse possession of real estate in this matter.  The real estate which is the subject of this action is described as follows:

    A tract of land lying in the Northeast Quarter of Section 8, Township 32 North, Range 6 East. Wayne Township, City of Warsaw, Kosciusko County,   Indiana, more particularly described as follows:

    Commencing at a Walker cap pin lying 7.00 feet East of the Northwest corner of Lot #38 in Lightfoot & Musselman's Addition to Warsaw and being on the East right-of-way  of Detroit Street (State Road 15);  thence North 00°19'21" West (basis of bearings established by INDOT VRS Base, using NAD83 Indiana East coordinate system), along said East right-of-way, 262.90 feet to the Point of Beginning being 0.4 feet South of a leaning pipe; thence North 00°19'21" West, along said East right-of-way, 399.77 feet (recorded 402.65 feet) to a 5/8" rebar; thence North 89°00'33" East, 150.00 feet (recorded 150.50 feet) to a pinch pipe on the Westerly right-of-way of the Conrail Railway; thence South 02°03'05" West, 402.90 feet, along said Westerly right-of-way to a McCrea cap pin; thence North 89°52'50" West, 133.31 feet (recorded 135.01 feet) to the Point of Beginning, containing 1.30 acres more or less.

    If you claim any interest in the real estate described herein, you or your representative must file a response to Plaintiffs’ Complaint within thirty (30) days of the last date of publication of this notice.  If you fail to so respond, the Court may grant the relief sought by Plaintiffs.

    Dated: October 28, 2020

Ann Torpy, Clerk

Kosciusko Circuit Court

121 N. Lake Street

Warsaw, Indiana  46580

Stephen R. Snyder, #413-43

Snyder Morgan Federoff & Kuchmay LLP

200 West Main Street

Syracuse, IN 46567

Telephone:  (574) 457-3300

[email protected]

Attorneys for Plaintiffs

10-31, 11-7,14 hspaxlp

NOTICE OF COMPLAINT TO QUIET TITLE TO

 AND ADVERSE POSSESSION OF REAL ESTATE

STATE OF INDIANA

SS

COUNTY OF KOSCIUSKO

RICHARD C. WITT AND NANCY L. WITT, Plaintiffs

FUN CENTER, INC., THE UNKNOWN HEIRS  AND  DEVISEES  OF  

ROYCE  A.   ) COX AND MARTHA J. COX, DECEASED, CINCINNATI, WABASH & MICHIGAN ) RAILWAY COMPANY, CENTER LAKE PLAZA, LLC AND ANY OTHER PERSONS CLAIMING AN INTEREST IN THE REAL ESTATE DESCRIBED HEREIN, Defendants.

IN THE KOSCIUSKO CIRCUIT COURT

CAUSE NUMBER 43D04-2010-PL-000100

    To the within named Defendants and any persons claiming an interest in the real estate described herein:

    YOU ARE HEREBY NOTIFIED that Plaintiffs have filed an action to quiet title to and for adverse possession of real estate in this matter.  The real estate which is the subject of this action is described as follows:

    A tract of land lying in the Northeast Quarter of Section 8, Township 32 North, Range 6 East. Wayne Township, City of Warsaw, Kosciusko County,   Indiana, more particularly described as follows:

    Commencing at a Walker cap pin lying 7.00 feet East of the Northwest corner of Lot #38 in Lightfoot & Musselman's Addition to Warsaw and being on the East right-of-way  of Detroit Street (State Road 15);  thence North 00°19'21" West (basis of bearings established by INDOT VRS Base, using NAD83 Indiana East coordinate system), along said East right-of-way, 262.90 feet to the Point of Beginning being 0.4 feet South of a leaning pipe; thence North 00°19'21" West, along said East right-of-way, 399.77 feet (recorded 402.65 feet) to a 5/8" rebar; thence North 89°00'33" East, 150.00 feet (recorded 150.50 feet) to a pinch pipe on the Westerly right-of-way of the Conrail Railway; thence South 02°03'05" West, 402.90 feet, along said Westerly right-of-way to a McCrea cap pin; thence North 89°52'50" West, 133.31 feet (recorded 135.01 feet) to the Point of Beginning, containing 1.30 acres more or less.

    If you claim any interest in the real estate described herein, you or your representative must file a response to Plaintiffs’ Complaint within thirty (30) days of the last date of publication of this notice.  If you fail to so respond, the Court may grant the relief sought by Plaintiffs.

    Dated: October 28, 2020

Ann Torpy, Clerk

Kosciusko Circuit Court

121 N. Lake Street

Warsaw, Indiana  46580

Stephen R. Snyder, #413-43

Snyder Morgan Federoff & Kuchmay LLP

200 West Main Street

Syracuse, IN 46567

Telephone:  (574) 457-3300

[email protected]

Attorneys for Plaintiffs

10-31, 11-7,14 hspaxlp

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