SUMMONS BY PUBLICATION

STATE OF INDIANA

SS:

COUNTY OF KOSCIUSKO

IN THE KOSCIUSKO SUPERIOR COURT #4          

CAUSE NO. 43D04-2208-MF-000059

PHH Mortgage Corporation, Plaintiff,

vs.

Timothy Allen Drake, as Possible Heir

to the Estate of Suzanne N. Drake, et al.. Defendants.

NOTICE OF SUIT

    TO:  Timothy Allen Drake, as Possible Heir to the Estate of Suzanne N. Drake:

    BE IT KNOWN, that PHH Mortgage Corporation, the above-named Plaintiff, by its attorney, Nicholas M. Smith, has filed in the office of the Clerk of the Kosciusko Superior Court #4 its Complaint against Defendant Timothy Allen Drake, as Possible Heir to the Estate of Suzanne N. Drake, and the said Plaintiff having also filed in said Clerk’s office the affidavit of a competent person showing that the residence and whereabouts of the Defendant, Timothy Allen Drake, as Possible Heir to the Estate of Suzanne N. Drake, upon diligent inquiry is unknown, and that said cause of action is for default on the promissory note and to foreclose a mortgage on the following described real estate in Kosciusko County, State of Indiana, to wit:

    A part of Partitioned Lot Number 4 described as follows:

    Commencing 19 rods West of the Northeast corner of the Northwest Quarter of Section 8, Township 30 North, Range 6 East, running thence West 4-1/2 rods; thence South 16 rods; thence East 4-1/2 rods; thence North to the place of beginning.

    Also, a tract of land being a part of the Northwest Quarter of Section 8, Township 30 North, Range 6 East, 2nd P.M., Lake Township, Kosciusko County, Indiana, more particularly described as follows:

    Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 8; thence South 90 degrees 00 minutes 00 seconds West, along the North line of said Northwest Quarter and along the centerline of State Highway 14, 308.00 feet to the point of beginning; thence South 00 degrees 00 minutes 00 seconds West, 80.00 feet to a 1/2 inch iron bar; thence South 90 degrees 00 minutes 00 seconds West, 5.00 feet to a 1/2 inch iron bar; thence North 00 degrees 00 minutes 00 seconds East, 80.00 feet to the North line of said Northwest Quarter; thence North 90 degrees 00 minutes 00 seconds East, 5.00 feet to the point of beginning.

    To be known as:  A part of partitioned lot number 4, together with part of the northwest quarter, all being in Section 8, Township 30 North, Range 6 East, Kosciusko County, Indiana, and all together being more particularly described as follows, to wit:

    Commencing at a railroad spike found at the northeast corner of said northwest quarter; thence south 90 degrees 00 minutes west (Deed bearing) on and along the north line of said northwest quarter, a distance of 296.93 feet (recorded 308 feet) to a P.K. Nail at the true point of beginning; thence continuing south 90 degrees 00 minutes west, on and along said north line, being within the right-of-way of State Road Number 14 (Main Street), a distance of 79.25 feet to a P.K. Nail; thence south 00 degrees 00 minutes west, a distance of 264.0 feet (16 rods) to an iron pin; thence north 90 degrees 00 minutes east, a distance of 74.25 feet to an iron pin; thence north 00 degrees 00 minutes east, a distance of 184.0 feet to an iron pin; thence north 90 degrees 00 minutes east, a distance of 5.0 feet to an iron pin; thence north 00 degrees 00 minutes east, a distance of 80.0 feet to the true point of beginning, containing 0.46 acres of land, more or less.

    commonly known as 802 East Main Street, Silver Lake, IN 46982.

    NOW, THEREFORE, said Defendant is hereby notified of the filing and pendency of said Complaint against them and that unless they appear and answer or otherwise defend thereto within thirty (30) days after the last notice of this action is published, judgment by default may be entered against said Defendant for the relief demanded in the Complaint.

    Dated

Clerk, Kosciusko Superior Court #4

Nicholas M. Smith (31800-15)

Stephanie A. Reinhart (25071-06)

J. Dustin Smith (29493-06)

Chris Wiley (26936-10)

Susan B. Klineman (17405-49)

Attorneys for Plaintiff

MANLEY DEAS KOCHALSKI LLC

P.O. Box 165028

Columbus OH  43216-5028

Telephone:  614-220-5611

Facsimile:  614-220-5613

Email:  sef-nms@manleydeas.com

9-19,26, 10-3 hspaxlp