IN THE CIRCUIT COURT FOR FLOYD COUNTY STATE OF INDIANA JESSE BALLEW, Plaintiff v. RONALD JOSHUA McCOOL; FLOYD COUNTY, INDIANA; NEW ALBANY BOARD OF PUBLIC WORKS AND SAFETY; CITY OF NEW ALBANY BUILDING DEPARTMENT; NEW ALBANY MUNICIPAL UTILITIES; CITY OF NEW ALBANY; THOMAS LYLE and GERALDINE LYLE; and AMARYLLA MATHERS Defendants Case No.22C01-1607-MF-1061 SUMMONS BY PUBLICATION The Defendant, AMARYLLA MATHERS, and all other named parties and those claiming through any named parties are hereby notified that a Complaint for Mortgage Foreclosure was filed on the 8th day of July, 2016, in the Floyd Circuit Court, Floyd County, Indiana. Any Defendant, or those claiming through a named Defendant, who wishes to assert a legal claim to the real estate identified as follows, to wit: TRACT I LOT NOS. 17, 18, AND 19 ON POPLAR STREET IN PLAT NO. 20, OF THE FLOYD COUNTY, INDIANA RECORDS. ALSO THE FOLLOWING PARCEL: LOT NOS. 20, 21, AND 22 ON POPLAR STREET, IN PLAT NO. 20, OF THE FLOYD COUNTY, INDIANA RECORDS, SAID LOTS FRONTING ON SAID STREET 150 FEET AND EXTENDING BACK THE SAME WIDTH, PARALLEL WITH JACKSON STREET, 120 FEET, TOGETHER WITH THE APPURTENANCES THEREUNTO BELONGING. TRACT 2 LOT NUMBERS THIRTY (30) AND THIRTY-ONE (31) ON ELM STREET IN PLAT NUMBER TWENTY (20) IN THAT PART OF SAID COUNTY KNOWN AS LOWER ALBANY WITH THE APPURTENANCES THEREUNTO BELONGING. ALSO THE FOLLOWING PARCEL: LOT NUMBER THIRTY-TWO (32) ON ELM STREET IN PLAT NUMBER TWENTY (20) IN THAT PART OF SAID COUNTY KNOWN AS LOWER ALBANY. ALSO LOT NO. THIRTY-THREE (33) AND LOT NO. THIRTY-FOUR (34) PLAT NO. TWENTY (20) OF THE FLOYD COUNTY, INDIANA RECORDS. ALSO LOT NUMBER THIRTY-FIVE (35) ON ELM STREET IN LOWER ALBANY, PLAT NO. 20, FLOYD COUNTY RECORDS, FRONTING FIFTY (50) FEET ON ELM STREET AND EXTENDING NORTHWARD THEREFROM ONE HUNDRED AND TWENTY (120) FEET TO AN ALLEY, WITH ALL OF THE APPURTENANCES THEREUNTO BELONGING. And TRACT 1 LOT NUMBER TEN (10) IN PLAT NUMBER TWENTY (20), POPLAR STREET IN FLOYD COUNTY, INDIANA. TRACT 2 LOT NUMBERS TWELVE (12) AND THIRTEEN (13) ON POPLAR STREET IN PLAT NUMBER TWENTY (20) OF THE FLOYD COUNTY, INDIANA RECORDS. TRACT 3 LOT NUMBERS FOURTEEN (14), FIFTEEN (15), AND SIXTEEN (16) ON POPLAR STREET IN PLAT NUMBER TWENTY (20) OF THE FLOYD COUNTY, INDIANA RECORDS. TRACT 4 LOT NUMBERS ONE (1), TWO (2), AND THREE (3) ON FOURTH STREET OR BUDD ROAD, LOWER NEW ALBANY, PLAT NUMBER TWENTY (20) OF THE FLOYD COUNTY, INDIANA RECORDS. TRACT 5 LOT NUMBERS TWENTY-FIVE (25), TWENTY-SIX (26) AND TWENTY-SEVEN (27) IN PLAT NUMBER TWENTY (20) ON SHIPPING STREET OF THE FLOYD COUNTY, INDIANA RECORDS And PARTS OF LOTS NUMBERED EIGHTY-SIX (86) AND EIGHTY-EIGHT (88) ON EKIN AVENUE IN PLAT NUMBER FORTY (40) OF THE FLOYD COUNTY RECORDS, DESCRIBED AND BOUNDED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF VINCENNES STREET 86 FEET NORTH OF EKIN AVENUE; RUNNING THENCE EASTWARDLY AND PARALLEL WITH EKIN AVENUE 98 FEET TO THE EAST LINE OF SAID LOT NUMBER 88; THENCE NORTHWARDLY ALONG THE EAST LINE OF SAID LOT 88, 30 FEET; THENCE WESTWARDLY AND PARALLEL WITH EKIN AVENUE 98 FEET TO THE EAST LINE OF VINCENNES STREET; THENCE SOUTHWARDLY ALONG THE EAST LINE OF VINCENNES STREET 30 FEET. And LOT NO. SEVEN (7) AND THE NORTH THIRTY-NINE (39) FEET OF LOT NO. EIGHT (8) ON VINCENNES STREET IN PLAT NO. THREE HUNDRED AND SIXTEEN (316) OF THE FLOYD COUNTY, INDIANA RECORDS, TOGETHER FRONTING ON VINCENNES STREET 79 FEET. And TRACT 1 - COMMONLY KNOWN AS 802-804 VINCENNES STREET THAT PART OF LOT NUMBERS 86 AND 88 ON POPLAR STREET, NOW CALLED EKIN AVENUE, IN PLAT NO. 40, BEGINNING AT A POINT ON THE EAST LINE OF VINCENNES STREET, SAME BEING WEST LINE OF SAID LOT 86 AND SAID POINT BEING 55 FEET AND 6 INCHES NORTH OF THE NORTH LINE OF EKIN AVENUE; RUNNING THENCE EASTWARD AND PARALLEL WITH EKIN AVENUE 98 FEET TO THE EAST LINE OF SAID LOT 88; THENCE NORTH ALONG THE EAST LINE OF SAID LOT NUMBER 88, 30 FEET AND 6 INCHES, THENCE WEST AND PARALLEL WITH THE NORTH LINE OF EKIN AVENUE 98 FEET TO THE EAST LINE OF VINCENNES STREET; THENCE SOUTH ALONG THE EAST LINE OF VINCENNES STREET 30 FEET AND 6 INCHES TO THE PLACE OF BEGINNING, SAME FRONTING 30 FEET AND 6 INCHES ON VINCENNES STREET AND EXTENDING BACK THEREFROM THE SAME WIDTH 98 FEET, ALSO A RIGHT OF INGRESS AND EGRESS OVER AND ON THE EAST 10 FEET OF SAID LOT NUMBER 88 IN PLAT 40, BEGINNING AT THE PUBLIC ALLEY NORTH OF SAID LOT, AND RUNNING SOUTHWARD 61 FEET AND CONNECTING WITH THE REAR OF THE FIRST DESCRIBED REAL ESTATE. THIS PRIVILEGE OF EGRESS AND INGRESS IS TO BE USED FOR TRAVEL ONLY AND SHALL NOT BE USED FOR AN ASH DUMP OR STORAGE FOR GARBAGE, NOR FOR ANYTHING ELSE AND NO HEAVY HAULING SHALL BE PERMITTED OVER SAID PASSAGEWAY WHEN THE SAME IS SOFT. SAID PRIVILEGE OF EGRESS AND INGRESS IS NOT TO BE GRANTED TO ANY PERSON OR PERSONS EXCEPT THE OWNERS OF THE REAR 122 FEET OF LOTS 86 AND 88 OR SOME PART THEREOF WITHOUT THE CONSENT OF ALL OWNERS OF THE ABOVE LOTS, OF THE FLOYD COUNTY, INDIANA RECORDS. TRACT 2 - COMMONLY KNOWN AS 806 VINCENNES STREET THE FRONT 25 FEET OF LOTS 86 AND 88 ON EKIN AVENUE IN PLAT NO. 40, BOUNDED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 86; THENCE ALONG VINCENNES STREET 25 FEET; THENCE AT RIGHT ANGLES EAST AND PARALLEL WITH EKIN AVENUE 100 FEET TO THE EAST LINE OF SAID LOT NO. 88; THENCE AT RIGHT ANGLES SOUTH 25 FEET TO EKIN AVENUE; THENCE ALONG SAID AVENUE 100 FEET TO THE PLACE OF BEGINNING. ALSO: THE NORTH OR REAR 30 FEET OF THE FRONT 55 FEET OF LOTS 86 AND 88 ON EKIN AVENUE IN PLAT NO. 40 AND BOUNDED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF VINCENNES STREET 25 FEET NORTH OF THE NORTH LINE OF EKIN AVENUE; THENCE RUNNING NORTHWARDLY ALONG THE EAST SIDE OF VINCENNES STREET 30 FEET; THENCE EASTWARDLY AND PARALLEL WITH THE NORTH LINE OF EKIN AVENUE 98 FEET TO THE EAST LINE OF LOT 88; THENCE SOUTHWARDLY ALONG THE EAST LINE OF LOT 88, 30 FEET; THENCE WESTWARDLY AND PARALLEL WITH THE NORTH LINE OF EKIN AVENUE, 98 FEET TO THE PLACE OF BEGINNING, SAID LOT BEING 30 FEET FRONT ON VINCENNES STREET AND EXTENDING BACK THE SAME WIDTH 98 FEET. ALSO THE PRIVILEGE OF INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE REAR 91 FEET OF LOT 88, BUT IS NOT TO BE USED FOR HEAVY HAULING WHEN GROUND IS SOFT, OF THE FLOYD COUNTY, INDIANA RECORDS. TRACT 3 - COMMONLY KNOWN AS 502 CULBERTSON A PART OF WILFORD KRON'S TRACT AS DESCRIBED IN DEED RECORD BOOK 94, AT PAGE 341, OFFICE OF THE RECORDER OF FLOYD COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PART OF LOT 1, PLAT 185, FLOYD COUNTY, INDIANA, BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 ON CULBERTSON AVENUE AND RUNNING THENCE SOUTHWARD WITH THE EASTERN LINE OF FIFTH STREET AND DISTANCE OF 68.8 FEET TO A POINT; THENCE AT RIGHT ANGLES EASTWARD 39 FEET TO A POINT; THENCE RUNNING NORTHWARD AND PARALLEL WITH EAST FIFTH STREET A DISTANCE OF 68.8 FEET TO A POINT IN THE SOUTHERN LINE OF CULBERTSON AVENUE; THENCE RUNNING WESTWARD WITH CULBERTSON AVENUE A DISTANCE OF 39 FEET TO THE PLACE OF BEGINNING. must appear on or before thirty (30) days from the third publication of this Summons and file a written response. If the Defendant does not appear, the Court will order foreclosure of the Mortgage on the above real estate in the name of the Plaintiff. Dated this 26 day of July, 2016. Christina M. Eurton CLERK, FLOYD CIRCUIT COURT John A. Kraft, #5496-22 YOUNG, LIND, ENDRES & KRAFT 126 West Spring Street New Albany, IN 47150 (812) 945-2555 hspaxlp
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