NOTICE OF SUIT STATE OF INDIANA SS: COUNTY OF KOSCIUSKO CHASE HOME FINANCE, LLC, Plaintiff vs. NANCY L. JOHNSON, CAPITAL ONE BANK USA, NA FORMERLY KNOWN AS CAPITAL ONE BANK, MICHAEL J. HEYVAERT, MICHELLE M. HEYVAERT, JEFFERY G. WILLARD, THOMAS G. WILLARD, JR., LINDA L. MILLER, Defendants IN THE KOSCIUSKO CIRCUIT COURT CAUSE NO. 43C01-0906-MF-349 The State of Indiana to the defendants above named, any other person who may be concerned. You are notified that you have been sued in the above named Court. The nature of the suit against you is: Complaint on Note and to Foreclose Mortgage on the following described real estate in Kosciusko County: Tract 1: Lot number twelve (12) in First Addition to Beachwood Park, located in the southeast quarter of the northeast quarter of section 31, township 33 north, range 5 east, in Kosciusko County, Indiana, as recorded in plat book 3, page 329, in the Office of the Recorder of Kosciusko County, Indiana. Tract 2: Lot numbered fifty-five (55), fifty-six (56) and fifty-seven (57) in Person's Fourth Addition to Beachwood Park, a subdivision in the northwest quarter of section 31, township 33 north, range 5 east, in Kosciusko County, Indiana, as recorded in plat book 3, page 330B, in the Office of the Recorder of Kosciusko County, Indiana. This Summons by publication is specifically directed to the following defendants whose addresses are: Nancy L. Johnson, 7653 West Beachwood Avenue, Warsaw, IN 46582 Capital One Bank USA, NA formerly known as Capital One Bank, c/o Highest Executive Officer present, 4851 Cox Road, Glen Allen, VA 23060 Linda L. Miller , 15 EMS D3 Lane, Syracuse, IN 46567 and to the following named defendants whose whereabouts are unknown: Michael J. Heyvaert, Michelle M. Heyvaert, Jeffery G. Willard, Thomas G. Willard, Jr., In addition to the above-named defendants being served by this summons there may be other defendants who have an interest in this law suit. If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your written answer. You must answer the Complaint in writing, by you or your attorney, on or before Sept. 5, 2009 (same being within thirty (30) days after the Third Notice of Suit) and if you fail to do so a judgment will be entered against you for what the plaintiff has demanded. Chase Home Finance, LLC FOUTTY & FOUTTY, LLP Attest: Jason McSherry, Clerk of the Kosciusko Circuit Court Wendy A. Kitchel, #17403-49 A. Michelle Ragucci, #21792-49 Andrew M. David, #18600-09 FOUTTY & FOUTTY, LLP Attorneys for Plaintiff 155 E. Market Street, Suite 605 Indianapolis, IN 46204-3219 (317) 632-9555 j22,29, a5