Quiet Title PL-000087 Anderson

September 21, 2020 at 2:32 p.m.

By -

SUMMONS BY PUBLICATION AND

NOTICE OF FILING OF COMPLAINT TO QUIET TITLE

STATE OF INDIANA

SS

COUNTY OF KOSCIUSKO

ROBBY J. ANDERSON and

THEDA G. ANDERSON, Plaintiffs,

vs.

LORA CASE a/k/a LORA CAPPER,

RONALD F. CAPPER,

ALL UKNOWN PERSONS HAVING AN INTEREST IN

   THE REAL ESTATE LOCATED AT 5246 W. WARREN

   AVENUE, SILVER LAKE, INDIANA, INCLUDING ALL

   OF THE FOREGOING DEFENDANTS’ SPOUSES,

   WIDOWS, HEIRS AND DEVISEES, and THE WORLD, Defendants

IN THE KOSCIUSKO SUPERIOR COURT NO. 4

CAUSE NO. 43D04-2009-PL-000087

    NOTICE IS HEREBY GIVEN that on the 18th day of September, 2020, Plaintiffs, Robby J. Anderson and Theda G. Anderson, by counsel, Rothberg Logan & Warsco LLP, filed in the Circuit/Superior Court of Kosciusko County, in the State of Indiana, its Complaint to Quiet Title against the above named Defendants in the above-captioned matter (the “Lawsuit”), and said Plaintiffs having also filed their Affidavit of a competent person in the Lawsuit showing that the Defendants, consisting of all persons claiming an interest in the Real Estate (defined below), represent all persons described by the public records of Kosciusko County to have an interest in the Real Estate, and that as to any person whose name or address is known, that the Plaintiffs do not know whether any such persons are living or dead or their legal residence, whether they are married or not, and that Plaintiffs do not know the name or whereabouts of the husband or wife or widower or widow of such persons, as the case may be, if in fact such person has a husband or wife or widower or widow, and that if such person be dead, leaving heirs or devisees of said Real Estate, Plaintiffs do not know their names or place of legal residence, and said cause of action is to quiet title to the following described real estate situated in Kosciusko County, Indiana, to wit:  

    Part of the Southeast quarter of the Southeast quarter of Section 26, Township 31 North, Range 5 East, 2nd P.M., Kosciusko County, Indiana, containing 0.328 acres, and more particularly described as follows:

    Commencing at the Southwest corner of the Northeast quarter of the Southeast quarter of said Section 26; thence South 0 degrees 00 minutes 00 seconds West a distance of 121.0 feet to the Northeast corner of Lot #1 of Warren Subdivision on Diamond Lake; thence South 60 degrees 00 minutes 00 seconds East a distance of 120.0 feet along the Southwesterly boundary of Warren Avenue thence North 40 degrees 00 minutes 00 seconds East a distance of 40.62 feet to the Northeasterly boundary of said Warren Avenue and the point of beginning; thence North 60 degrees 00 minutes 00 seconds West a distance of 18.65 feet along said Northeasterly boundary to the Southeasterly boundary of a 20 foot/wide access road; thence North 47 degrees 01 minutes 45 seconds East a distance of 27.2 feet along said Southeasterly boundary; thence South 85 degrees 41 minutes 45 seconds East a distance of 155.85 feet along the Southerly boundary of said access road; thence South  4 degrees 47 minutes 15 seconds West a distance of 100.0 feet; thence South 45 degrees 16 minutes 15 seconds West a distance of 48.50 feet to the Northeasterly boundary of said Warren Avenue; thence North 44 degrees 49 minutes 30 seconds West a distance of 166.0 feet along said Northeasterly boundary to the Point of Beginning. Subject to all legal highways,

    Commonly known as:  5246 Warren Avenue, Silver Lake, Indiana 46982, (the “Real Estate”).

    The Lawsuit is instituted and prosecuted by Plaintiffs for the purpose of quieting title to the Real Estate as against all Defendants, known or unknown claimants, and as against the world.

    The Plaintiffs are represented by: Rothberg Logan & Warsco LLP, 505 E. Washington Blvd., Fort Wayne, Indiana 46802, Attn: Kyle P. Chambers.

    NOW THEREFORE, said Defendants consisting of all persons who may claim an interest in the above described Real Estate are hereby notified of the filing and pendency of the Lawsuit, and they or their representative attorneys on their behalf must respond to Plaintiffs’ Complaint to Quiet Title within thirty (30) days after the last publication of this notice, and if they fail to do so, matters and things alleged in Plaintiffs’ Complaint may be determined and a judgment by default may be entered against them for the relief demanded in said Complaint.

    DATED:  __________________        Clerk, Kosciusko Circuit/Superior Court

Submitted by:

Kyle P. Chambers

Supreme Court No. 35184-49

505 East Washington Boulevard

P.O. Box 11647

Fort Wayne, Indiana 46859-1647

Telephone:  (260) 422-9454

ATTORNEYS FOR PLAINTIFFS

9-23,30, 10-7 hspaxlp



SUMMONS BY PUBLICATION AND

NOTICE OF FILING OF COMPLAINT TO QUIET TITLE

STATE OF INDIANA

SS

COUNTY OF KOSCIUSKO

ROBBY J. ANDERSON and

THEDA G. ANDERSON, Plaintiffs,

vs.

LORA CASE a/k/a LORA CAPPER,

RONALD F. CAPPER,

ALL UKNOWN PERSONS HAVING AN INTEREST IN

   THE REAL ESTATE LOCATED AT 5246 W. WARREN

   AVENUE, SILVER LAKE, INDIANA, INCLUDING ALL

   OF THE FOREGOING DEFENDANTS’ SPOUSES,

   WIDOWS, HEIRS AND DEVISEES, and THE WORLD, Defendants

IN THE KOSCIUSKO SUPERIOR COURT NO. 4

CAUSE NO. 43D04-2009-PL-000087

    NOTICE IS HEREBY GIVEN that on the 18th day of September, 2020, Plaintiffs, Robby J. Anderson and Theda G. Anderson, by counsel, Rothberg Logan & Warsco LLP, filed in the Circuit/Superior Court of Kosciusko County, in the State of Indiana, its Complaint to Quiet Title against the above named Defendants in the above-captioned matter (the “Lawsuit”), and said Plaintiffs having also filed their Affidavit of a competent person in the Lawsuit showing that the Defendants, consisting of all persons claiming an interest in the Real Estate (defined below), represent all persons described by the public records of Kosciusko County to have an interest in the Real Estate, and that as to any person whose name or address is known, that the Plaintiffs do not know whether any such persons are living or dead or their legal residence, whether they are married or not, and that Plaintiffs do not know the name or whereabouts of the husband or wife or widower or widow of such persons, as the case may be, if in fact such person has a husband or wife or widower or widow, and that if such person be dead, leaving heirs or devisees of said Real Estate, Plaintiffs do not know their names or place of legal residence, and said cause of action is to quiet title to the following described real estate situated in Kosciusko County, Indiana, to wit:  

    Part of the Southeast quarter of the Southeast quarter of Section 26, Township 31 North, Range 5 East, 2nd P.M., Kosciusko County, Indiana, containing 0.328 acres, and more particularly described as follows:

    Commencing at the Southwest corner of the Northeast quarter of the Southeast quarter of said Section 26; thence South 0 degrees 00 minutes 00 seconds West a distance of 121.0 feet to the Northeast corner of Lot #1 of Warren Subdivision on Diamond Lake; thence South 60 degrees 00 minutes 00 seconds East a distance of 120.0 feet along the Southwesterly boundary of Warren Avenue thence North 40 degrees 00 minutes 00 seconds East a distance of 40.62 feet to the Northeasterly boundary of said Warren Avenue and the point of beginning; thence North 60 degrees 00 minutes 00 seconds West a distance of 18.65 feet along said Northeasterly boundary to the Southeasterly boundary of a 20 foot/wide access road; thence North 47 degrees 01 minutes 45 seconds East a distance of 27.2 feet along said Southeasterly boundary; thence South 85 degrees 41 minutes 45 seconds East a distance of 155.85 feet along the Southerly boundary of said access road; thence South  4 degrees 47 minutes 15 seconds West a distance of 100.0 feet; thence South 45 degrees 16 minutes 15 seconds West a distance of 48.50 feet to the Northeasterly boundary of said Warren Avenue; thence North 44 degrees 49 minutes 30 seconds West a distance of 166.0 feet along said Northeasterly boundary to the Point of Beginning. Subject to all legal highways,

    Commonly known as:  5246 Warren Avenue, Silver Lake, Indiana 46982, (the “Real Estate”).

    The Lawsuit is instituted and prosecuted by Plaintiffs for the purpose of quieting title to the Real Estate as against all Defendants, known or unknown claimants, and as against the world.

    The Plaintiffs are represented by: Rothberg Logan & Warsco LLP, 505 E. Washington Blvd., Fort Wayne, Indiana 46802, Attn: Kyle P. Chambers.

    NOW THEREFORE, said Defendants consisting of all persons who may claim an interest in the above described Real Estate are hereby notified of the filing and pendency of the Lawsuit, and they or their representative attorneys on their behalf must respond to Plaintiffs’ Complaint to Quiet Title within thirty (30) days after the last publication of this notice, and if they fail to do so, matters and things alleged in Plaintiffs’ Complaint may be determined and a judgment by default may be entered against them for the relief demanded in said Complaint.

    DATED:  __________________        Clerk, Kosciusko Circuit/Superior Court

Submitted by:

Kyle P. Chambers

Supreme Court No. 35184-49

505 East Washington Boulevard

P.O. Box 11647

Fort Wayne, Indiana 46859-1647

Telephone:  (260) 422-9454

ATTORNEYS FOR PLAINTIFFS

9-23,30, 10-7 hspaxlp



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