172 - Summons by Publication
STATE OF INDIANA, COUNTY OF PULASKI
IN THE PULASKI CIRCUIT/SUPERIOR COURT
CAUSE NO. 66D01-1809-MF-000028
LAKE CITY BANK,
THE UNKNOWN HEIRS OF TODD A. FISCHER, DECEASED
SUMMONS BY PUBLICATION
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 Pulaski County issue the Summons by publication as follows:
1. This Summons by publication is specifically directed to Defendant, Unknown Heirs of Todd A. Fischer, Deceased, whose last known address and present address are unknown.
2. The nature of the above-captioned cause is that on April 3, 2015, Todd A. Fischer (the “Borrower”) executed and delivered to Lake City a certain Home Equity Line of Credit Plus Account (“Note I”) by which he promised to pay to the order of Lake City the sum of $20,000.00, together with interest.
3. On the same day. the Borrower exercised his option to establish a fixed rate loan pursuant to Note I, which fixed rate loan is evidenced by a certain Fixed Rate Lock Option Loan Home Equity Line of Credit “HELOC Plus” Exercise Confirmation (“Note II”). As of September 19, 2017, the aggregate principal balance of the Notes is $8,677.47. (Note I and Note II are collectively referred to herein as the “Notes”)
4. To secure payment of the Notes, the Borrower executed and delivered to Lake City a Mortgage dated April 3, 2015 (the “Mortgage”). The real estate, which is the subject matter of the Mortgage, is described as follows, to-wit:
Lots Numbered Four (4), Five (5), and Six (6) in Rose Hill Addition of the Town of Medaryville.
Commonly known as: 104 S. Maple Street, Medaryville, IN 47957. (the “Real Estate”).
5. Lake City has accelerated the entire balance due and owing on the Notes 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.
6. The Defendant, Unknown Heirs of Todd A. Fischer, 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 20th day of September, 2018.
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
172-18 N 10/03, 10/10, 10/17