SUMMONS — SERVICE BY PUBLICATION — NOTICE OF SUIT
February 26, 2013
STATE OF INDIANA ) SS:
COUNTY OF WELLS )
IN THE WELLS
iAB FINANCIAL BANK, successor by merger to MarkleBank, Plaintiff v. NORMA S. BENNETT, BILLY R. BENNETT, deceased, CITIMORTGAGE, INC., AAA ACCEPTANCE CORPORATION, CITY UTILITIES OF FORT WAYNE, INDIANA, and STATE OF INDIANA, by and through its Department of Revenue, Defendants
SERVICE BY PUBLICATION — NOTICE OF SUIT
The State of Indiana to the Defendants above named and any other person who may be concerned: you are notified that you have been sued in the Court above named. The nature of the suit is to foreclose a mortgage. The Complaint for Foreclosure and for Order of Sale also states what the Plaintiff requests from the Court and the amount demanded, if any, by the Plaintiff.
In addition to the above-named Defendants being served by this Summons, there may be other persons or entities that have an interest in the lawsuit. 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 the 30th day following the last date of publication of this Notice, and if you fail to do so a judgment will be entered against you for what the Plaintiff has demanded.
You may be entitled to a settlement conference that will allow you to speak with your mortgage company and discuss alternatives to foreclosure. If you want a settlement conference, you must request it with the Court within 30 days after you receive this Summons and Complaint.
Keep in mind that the written response to the Complaint and the request for the settlement conference are two separate things. If you do not file a written response within 30 days but request a settlement conference, the Plaintiff may still obtain a default judgment and foreclose. If you file a written response but do not request a settlement conference, the Court may decide you have waived your right to a settlement conference.
The nature of the suit against you is a Complaint regarding certain real estate in which you may have an interest, which real estate is more particularly described as follows:
Part of the southeast quarter of section 4, township 28 north, range 11 east, Union Township, Wells County, Indiana, described as follows: Starting at the southeast corner of said southeast quarter found per record witness; thence northerly, 989.82 feet, along the east line of said southwest quarter to a P.K. nail, which shall be the place of beginning; thence westerly, deflecting left 88 degrees 33 minutes 30 seconds, 264.00 feet, to a 5/8” rebar stake; thence northerly, deflecting right 88 degrees 33 minutes 30 seconds, 299.50 feet, parallel with the east line of said southeast quarter, to a 5/8” rebar stake; thence easterly, deflecting right 94 degrees 45 minutes 20 seconds, 264.83 feet, to a P.K nail in the east line of said southeast quarter; thence southerly, deflecting right 85 degrees 14 minutes 40 seconds, 284.18 feet, along said east line to the place of beginning. CONTAINING 1.77 ACRES. Subject to the right-of-way of County Road 300 West, the right-of-way of a legal drain known as the “Prough” and rights-of-way and easements of record.
Commonly known as: 11208 N - 300 W - 90, Markle, Indiana.
This summons by publication is specifically directed to the following named Defendants whose whereabouts are unknown: Norma S. Bennett, and Billy R. Bennett, his heirs, devisees, legatees, or next of kin.
DeLANEY HARTBURG ROTH & GARROTT LLP
By Adrian L. Halverstadt III#27861-35, Attorneys for Plaintiff
P. O. Box 269, Huntington, IN 46750-0269
Telephone: (260) 356-4100; firstname.lastname@example.org
Clerk, Wells Circuit Court
nb 2/26, 3/5, 3/12