NOTICE OF SUIT - SUMMONS BY PUBLICATION CAUSE NO. 20D02-1604-MF-000141 IN THE ELKHART SUPERIOR COURT #2 FOR THE STATE OF INDIANA, COUNTY OF ELKHART, SS: The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A., as successor to JPMorgan Chase Bank, as trustee for Residential Asset Securities Coproration, Home Equity Mortgage Asset- Backed pass Through Certficates Series 2003-KS2, 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33409; Plaintiff, vs. Chester Pfishner, AKA Chester W. Pfishner Jr., Joni Pfishner, AKA Joni L. Pfishner, Commercial Credit LoansINC, Unknown heirs, devisees, legatees, beneficiaries of Raymond A. Nelson and their unknown creditors; and, the unknown creditors; and, the unknown executor, administrator, or personal representative of the Estate of Raymond A. nelson, LVNV Funding LLC; Defendants. TO: Unknown heirs devisees, legatees, beneficiaries of Raymond A. Nelson and their unknown creditors; and, the unknown executor, administrator, or personal representative of Estate of Raymond A. Nelson: BE IT KNOWN, that The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A., as successor to JPMorgan Chase Bank, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Back Pass Through Certificates Series 2003-KS2 , the above-named Plaintiff, by its attorney, Amanda L. Krenson, has filed in the office of the Clerk of the Elkhart Superior Court #2 its Complaint against Defendant Unknown heirs devisees, legatees, beneficiaries of Raymond A Nelson and their unknown creditors; and, the unknown executor, administrator, or personal representatives of the Estate of Raymond A. Nelson, and the said Plaintiff having also filed in said Clerk's office the affidavit of a competent person showing that the residence and whereabouts of the Defendant, Unknown heirs devisees, legatees, beneficiaries of Raymond A nelson and their unknown creditors; and, the unknown executor, administrator, or personal representative of the Estate of Raymond A. Nelson, upon diligent inquiry is unknown, and that said cause of action is for default on the promissory note and to foreclose a mortgage on the following described real estate in Elkhart County, State of Indiana, to wit: A part of the Northeast quarter (^) of Section 20 township 37 North range 5 East, more particularly described as follows: beginning on the west line of the land formerly owned by Richard Bush, now deceased in the Northeast quarter (^) of Section Twenty (20) Township Thirty-seven (37) North, range five (5) East at the southeast corner of the land formerly owned by Abraham Upp; thence West thirty four and on-third (34-1/3) rods; thence south twenty-three and three tenths (23.3) rods to the place of beginning. Also beginning at the Northeast corner of the above described land thence northerly along the west line of the rush land mentioned in the above-described land to the center of the highway known as the state road thence Westerly along the center of said road, thirty-two (32) feet thence southerly Parallel with the west line of said rush land and thirty-two (32) feet distance therefrom to the south line of lands formerly owned by Abraham Upp; thence Easterly to the place of beginning along the north line of lands formerly owned by Richard Rush. Also a tract of land the East line of which shall be the west line of last above conveyed land the south line of which shall by the south line of said Abraham Upp's land and the northwest line of which shall be a segment of a circle with its concave side to the northwest so drawn that its nearest point shall be just Thirty-two (32) feet from the Northeast corner of land heretofore owned by William Burton. Except the following described land conveyed by Blache H. nelson to the first church of the Nazarene of Elkhart Indiana, Inc., by warranty deed dated February 24, 1977 and recorded in volume 362 at page 578 of the records in the Office of the recorded of Elkhart County, Indiana, on March 21, 1977 as Instrument number 627762. A part of the northeast quarter (^) of section 20 Township 37 North range 5 East more particularly described as follows: Commencing at an iron stake at the southwesterly corner of lot 7 as the said lot is known and designated on the recorded plat of valley view hills (Elkhart County, plat book 9 page 2) thence north 1 degrees 3 minutes west along the westerly line of said lot 25.02 feet to an iron state fr the beginning point of this description said point being the northeast corner of the quadrangular tract of land described in the conveyance to Raymond A and Blanche H. Nelson (Elkhart County deed record 210 page 616) as being 34-1/3 rods wide east and west and 23.3 rids long north and south and said point being referred to in said conveyance as the southeast corner of lands formerly owned by Abraham Upp; thence south 89 degrees 37 minutes west along the northerly line of said Quadrangular tract conveyed to Nelson 93 feet to an iron state thence south 1 degrees 3 minutes east parallel with the westerly line of said aforementioned recorded plat 260.08 feet to an iron stake thence south 89 degrees 37 minutes west 335 feet to an iron state thence north 1 degree 3 minutes west 260.08 feet to an iron state on the northerly feet to an iron stake hence north 1 degree west 260.08 feet to an iron state on the northerly line of said aforementioned quadrangular tract conveyed to Nelson, thence south 89 degrees 37 minutes est along an old Fence Line monumenting the said Northerly line of said quadrangular tract conveyed to Nelson 144.38 feet to an iron state at the west edge of a corner fence post said point being described in said conveyance to nelson as being 34.1/3 rods west of the southeast corner of Lands of Abraham Upp; thence south 1 degree 28 minutes east along an Old Fence Line monumenting the westerly line of said Nelson Land 384.20 feet (Nelson conveyed says 23.3 rods) to an iron stake at the southwest corner of a corner fence post thence north 89 degrees 47 minutes east along an old fence line monumenting the southerly line of said Nelson land 570.11 feet (Nelson conveyance says 34-1/3 rods) to an iron state on the westerly line of lot 12 in the aforementioned recorded plat of Valley View Hills said point being south 1 degree 3 minutes east 4.28 feet from the northwesterly corner of said lot; thence north 1 degree 3 minutes west along the westerly line of said recorded plat 385.80 feet to the place of beginning; containing 3.05 acres, more or less. Excepting also an easement to the grantees (the first Church of the Nazarene of Elkhart Indiana Inc.) Their heirs and assigned for the purposed of ingress and egress also the right to install, construct, maintain, and replace various underground and overhead utilities, e.g. Sewers, water mains, gas mains, electric and telephone lines in over and through the following described property: A part of the southeast quarter (^) of Section 17 and the northeast quarter (^) of Section 20 all in Township 37 North Range 5 East more particularly described as follows: Commence at an iron stake at the southwesterly corner of lot 7 as the said Lot is known and designated on the recorded plat of Valley View Hills (Elkhart County plat book 9 page 2) thence north 1 degree 3 minutes west along the westerly line of said lot 25.02 feet to an iron stake for he beginning point of this description said point being the northeast corner of the quadrangular tract of land described in the conveyance to Raymond A. and Blanche H. Nelson (Elkhart County deed record 210 page 616) as being 34-1/3 rods wide east and west and 23.3 rods long north and south and said point being referred to in said conveyance as the southeast corner of landers formerly owned by Abraham Upp; thence south 89 degrees 37 minutes west along the northerly line of said quadrangular tract conveyed to nelson 32 feet thence north 1 degree 3 minutes west parallel with and 32 feet (measure at right angles) westerly from the westerly line of said recorded plat to the center line of Mishawaka Road (County Road Number 20) said point being the most northerly and westerly corner of said Nelson land thence southeasterly along the centerline of said road to a point where the northerly extension of the Westerly line of said recorded plat intersects the centerline of said road said point being the most northerly and easterly corner of said Nelson Land thence south 1 degree 3 minutes east along the westerly line of said recorded plat and the northerly extension thereof said line referred to in said conveyance to Nelson as the west line of the rush land 822.26 feet to the place of beginning Commonly known as: 325 West Mishawaka Road, Elkhart, IN 46517-1921 NOW, THEREFORE, said Defendant is hereby notified of the filing and pendency of said Complaint against them and that unless they appear and answer or otherwise defend thereto within thirty (30) days after the last notice of this action is published, judgment by default may be entered against said Defendant for the relief demanded in the Complaint. Dated: May 17, 2016 Wendy Hudson, Clerk, Elkhart Superior Court #2 Amanda L. Krenson (28999-61) Stephanie A. Reinhart (25071-06) Sarah E. Willms (28840-64) John R. Cummins (11532-10) Chris Wiley (26936-10) Miranda D. Bray (23766-30) Gail C. Hersh, Jr. (26224-15) Nicholas M. Smith (31800-15) Leslie A. Wagers (27327-49) Attorneys for Plaintiff MANLEY DEAS KOCHALSKI LLC P.O. Box 441039 Indianapolis, IN 46244 Telephone: 614-947-5703 Facsimilie: 614-220-5613 Email: alkrenson@manleydeas.com June 7, 14, 21 hspaxlp
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