Summons MF-000050 Caudill
June 13, 2023 at 2:04 p.m.
By -
STATE OF INDIANA
SS
COUNTY OF KOSCIUSKO
LAKE CITY BANK, Plaintiff
vs.
UNKNOWN HEIRS OF LINDA S. CLAUDILL, DECEASED, Defendants
IN THE KOSCIUSKO CIRCUIT/SUPERIOR COURT
CAUSE NO. 43D04-2306-MF-000050
COMES NOW the Plaintiff, Lake City Bank (“Lake City”), by counsel, having filed its Complaint and Affidavit in the above-entitled cause, hereby requests that the Clerk of Kosciusko County issue the Summons by publication as follows:
1. This Summons by publication is specifically directed to Defendant, Unknown Heirs of Linda S. Caudill, Deceased, whose last known address and present address are unknown.
2. Billy P. Caudill and Linda S. Caudill (collectively, the “Borrowers”) acquired title to the Real Estate (defined below) as husband and wife. On December 3, 2022, Billy P. Caudill died leaving Linda S. Caudill as the sole title holder to the Real Estate.
3. Linda S. Caudill then died on December 7, 2022.
4. The nature of the above-captioned cause is that on April 30, 2001, the Borrowers executed and delivered to Lake City a certain Promissory Note (the “Note”) by which they promised to pay to the order of Lake City the sum of $50,000.00, together with interest. As of May 11, 2023, there was a principal balance due and owing with respect to the Note in the amount of $20,787.04.
5. A manufactured home, owned by the Borrowers prior to their respective deaths, is located upon the Real Estate and affixed to a permanent foundation.
6. Lake City alleges that he Manufactured Home has been converted to an improvement and forms a part of the Real Estate.
7. To secure payment of the Note, the Borrowers executed and delivered to Lake City a Mortgage dated April 30, 2001 (the “Mortgage”). The real estate, which is the subject matter of the Mortgage, is described as follows, to-wit:
Lot Number Six (6) in Wooster Heights according to the recorded plat thereof, recorded in Plat Record 9, Page 58, in the Office of the Recorder of Kosciusko County, Indiana.
Commonly known as: 5222 South Van Ness Road, Pierceton, IN 46562. Parcel No. 43-12-20-300-081.000-029
(the “Real Estate”).
8. Lake City has accelerated the entire balance due and owing on the Note and Mortgage, due to the Borrowers’ failure to make the required payments to Lake City. The Borrowers are also responsible for prejudgment interest as set forth in the Note and reasonable attorney’s fees incurred by Lake City.
9. The Defendant, Unknown Heirs of Linda S. Caudill, Deceased, named herein must answer this Summons in writing, personally or by counsel, on or before thirty (30) days from the date of the third publication hereof. If said Defendant fails to do so, judgment may be rendered against them for the relief demanded.
Dated this 1st day of June, 2023.
Respectfully submitted,
ROTHBERG LOGAN & WARSCO LLP
By:/s/ Thomas B. Trent
Thomas B. Trent
Supreme Court No. 23173-02
505 East Washington Boulevard
P.O. Box 11647
Fort Wayne, Indiana 46859-1647
Telephone: (260) 422-9454
Facsimile: (260) 422-1622
ATTORNEYS FOR PLAINTIFF
6-15,22,29 hspaxlp
STATE OF INDIANA
SS
COUNTY OF KOSCIUSKO
LAKE CITY BANK, Plaintiff
vs.
UNKNOWN HEIRS OF LINDA S. CLAUDILL, DECEASED, Defendants
IN THE KOSCIUSKO CIRCUIT/SUPERIOR COURT
CAUSE NO. 43D04-2306-MF-000050
COMES NOW the Plaintiff, Lake City Bank (“Lake City”), by counsel, having filed its Complaint and Affidavit in the above-entitled cause, hereby requests that the Clerk of Kosciusko County issue the Summons by publication as follows:
1. This Summons by publication is specifically directed to Defendant, Unknown Heirs of Linda S. Caudill, Deceased, whose last known address and present address are unknown.
2. Billy P. Caudill and Linda S. Caudill (collectively, the “Borrowers”) acquired title to the Real Estate (defined below) as husband and wife. On December 3, 2022, Billy P. Caudill died leaving Linda S. Caudill as the sole title holder to the Real Estate.
3. Linda S. Caudill then died on December 7, 2022.
4. The nature of the above-captioned cause is that on April 30, 2001, the Borrowers executed and delivered to Lake City a certain Promissory Note (the “Note”) by which they promised to pay to the order of Lake City the sum of $50,000.00, together with interest. As of May 11, 2023, there was a principal balance due and owing with respect to the Note in the amount of $20,787.04.
5. A manufactured home, owned by the Borrowers prior to their respective deaths, is located upon the Real Estate and affixed to a permanent foundation.
6. Lake City alleges that he Manufactured Home has been converted to an improvement and forms a part of the Real Estate.
7. To secure payment of the Note, the Borrowers executed and delivered to Lake City a Mortgage dated April 30, 2001 (the “Mortgage”). The real estate, which is the subject matter of the Mortgage, is described as follows, to-wit:
Lot Number Six (6) in Wooster Heights according to the recorded plat thereof, recorded in Plat Record 9, Page 58, in the Office of the Recorder of Kosciusko County, Indiana.
Commonly known as: 5222 South Van Ness Road, Pierceton, IN 46562. Parcel No. 43-12-20-300-081.000-029
(the “Real Estate”).
8. Lake City has accelerated the entire balance due and owing on the Note and Mortgage, due to the Borrowers’ failure to make the required payments to Lake City. The Borrowers are also responsible for prejudgment interest as set forth in the Note and reasonable attorney’s fees incurred by Lake City.
9. The Defendant, Unknown Heirs of Linda S. Caudill, Deceased, named herein must answer this Summons in writing, personally or by counsel, on or before thirty (30) days from the date of the third publication hereof. If said Defendant fails to do so, judgment may be rendered against them for the relief demanded.
Dated this 1st day of June, 2023.
Respectfully submitted,
ROTHBERG LOGAN & WARSCO LLP
By:/s/ Thomas B. Trent
Thomas B. Trent
Supreme Court No. 23173-02
505 East Washington Boulevard
P.O. Box 11647
Fort Wayne, Indiana 46859-1647
Telephone: (260) 422-9454
Facsimile: (260) 422-1622
ATTORNEYS FOR PLAINTIFF
6-15,22,29 hspaxlp
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