Continuously serving Kosciusko County since 1854
SUMMONS BY PUBLICATION
STATE OF INDIANA
SS:
COUNTY OF KOSCIUSKO IN THE KOSCIUSKO CIRCUIT/SUPERIOR COURT
CAUSE NO. 43C04-2402-MF-0000015
LAKE CITY BANK, Plaintiff,
vs.
UNKNOWN HEIRS OF STEVEN R. ENGLE, DECEASED, Defendants
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 Steven R. Engle, Deceased, whose last known address and present address are unknown.
2. Steven R. Engle (the “Borrower”)is deceased having died on September 2, 2023.
3. The nature of the above-captioned cause is that on June 12, 2008, the Borrower executed and delivered to Lake City a certain Promissory Note (the “Note”), by which he promised to pay to the order of Lake City the sum of $88,000.00, together with interest.
4. As of January 3, 2024, there was a principal balance due and owing with respect to the Note in the amount of $63,969.41.
5. To secure payment of the Note, the Borrower executed and delivered to Lake City a Mortgage dated June 12, 2008 (the “Mortgage”), which Mortgage encumbers the following described real estate, to wit:
Lot Number 14 in Neibert Park, First Addition as recorded in Plat Book 7, Page 111, in the Office of the Recorder of Kosciusko County, Indiana.
Commonly known as: 40 EMS T15A Lane, Leesburg, IN 46538, (the “Real Estate”).
6. The term “Real Estate” is inclusive of the manufactured home located thereon, which manufactured home bears vehicle identification number DHM199042 A-B, and which manufactured home is permanently affixed to the Real estate and considered an improvement thereto pursuant to Ind. Code § 9-17-6-15.1 et seq.
7. Lake City has accelerated the entire balance due and owing on the Note and Mortgage, due to the Borrower’s failure to make the required payments to Lake City. The Borrower is also responsible for prejudgment interest as set forth in the Note and reasonable attorney’s fees incurred by Lake City.
8. The Defendant, Unknown Heirs of Steven R. Engle, 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 19th day of February, 2024.
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
2-22,29 3-7 hspaxlp
