Legal Advertisement STATE OF INDIANA COUNTY OF BARTHOL-OMEW

Legal Advertisement

STATE OF INDIANA
COUNTY OF BARTHOL-
OMEW
SS:
IN THE BARTHOLOMEW
SUPERIOR COURT II
CAUSE NO.
03D02-2604-PL-002261
GREGORY W. DAILY
AND MICHELLE J.
DAILY, HUSBAND AND
WIFE,
Plaintiffs
v.
UNKNOWN OCCUPANT,
ELIZABETH A.
POFFENBERGER, P.
SCOTT
POFFENBERGER, JR.,
AND JENNIFER M.
HEICHELBECH,
Defendants.

AMENDED SUMMONS -
SERVICE BY
PUBLICATION
NOTICE OF SUIT

Come now the Plaintiffs,
by Peter King Law, PSC,
their attorney, and file
their complaint herein,
together with an affidavit
showing that the follow-
ing named Defendant,
Elizabeth A.
Poffenberger, and the
unknown husband, wife,
widow, widower, child,
children, descendants,
heirs, surviving spouses,
creditors and administra-
tors of the estate; devi-
sees, legatees, trustees,
executors of the last will
and testaments, succes-
sors in interest and as-
signs, respectfully of
each of the foregoing un-
known persons, all of
whom are unknown to
Plaintiffs, all of the per-
sons once known by any
of the names and desig-
nations above stated
whose names may have
been changed and who
are now known by other
names; the names of all
whom are unknown to
the Plaintiffs, as the
spouses of each of the
persons named above,
or described and desig-
nated as defendants in
this action who are mar-
ried, the names of all of
whom are unknown to
Plaintiffs, all persons and
corporations who assert
or might assert any title,
claim or interest in or lien
upon the real estate and
interest therein de-
scribed in the complaint
in this action by, under
or through any of the De-
fendants in this action
named; all of whom are
unknown to this Plain-
tiffs; also, all persons
who may claim under
said Defendants that are
not residents of the State
of Indiana or that the
residence of said De-
fendants and all persons
who may claim under
such Defendants, after
diligent search and in-
quiry are unknown to the
said Plaintiffs.
That said cause of action
is instituted and prose-
cuted by the Plaintiffs for
the purpose of title by
acquiescence, estopped,
laches, and adverse
possession to the real
estate hereinafter de-
scribed as against all of
the Defendants, and per-
sons who claim under
said Defendants, all
claims and claimants,
whoever and whatsoever
and as against all the
world, said real estate
being identified in Bar-
tholomew County, Indi-
ana, as follows, to-wit:
850 E. (Parcel No.
03-97-09-430-004.600-003)
SR 46 (Parcel No.
03-97-09-430-005.200-003)
SR 46 (Parcel No.
03-97-09-430-005.201-003)
SR 46 (Parcel No.
03-97-09-440-000.600-003)
NEW LEGAL DESCRIP-
TION after grant of title
by acquiescence, es-
topped, laches, and ad-
verse possession:
A PART OF THE SOUTH-
EAST QUARTER OF
SECTION 9, TOWN-
SHIP 9 NORTH,
RANGE 7 EAST, BAR-
THOLOMEW COUNTY,
INDIANA, MORE COM-
PLETELY DESCRIBED
AS FOL-
LOWS:BEGINNING AT
THE SOUTHWEST
CORNER OF THE
EAST HALF OF THE
SOUTHEAST QUAR-
TER OF SECTION
9-9-7, BEING MARKED
BY A 5/8 INCH REBAR;
THENCE ALONG THE
SOUTH LINE OF THE
SOUTHEAST QUAR-
TER OF SAID SEC-
TION, THENCE NORTH
89 DEGREES 28 MIN-
UTES 22 SECONDS
WEST, 671.69 FEET TO
THE EAST LINE OF
C.R. 850 E, PER RUS-
SELLS ADMINISTRA-
TIVE SUBDIVISION,
RECORDED IN PLAT
BOOK Q, PAGE 183B
BEING MARKED BY A
5/8 INCH REBAR WITH
CAP STAMPED MDG
FIRM 0136, HEREIN-
AFTER REFERRED TO
AS AN MDG REBAR;
THENCE ALONG SAID
EAST LINE, NORTH 07
DEGREES 37 MINUTES
49 SECONDS WEST,
175.71 FEET TO AN
MDG REBAR AT THE
SOUTHWEST CORNER
OF LOT 2 IN SAID RUS-
SELLS,; THENCE
ALONG THE SOUTH
LINE OF SAID LOT 2,
NORTH 89 DEGREES
14 MINUTES 09 SEC-
ONDS EAST, 153.85
FEET TO AN MDG RE-
BAR AT THE SOUTH-
EAST CORNER
THEREOF; THENCE
ALONG THE EAST
LINE OF LOTS 2 AND 1
IN SAID RUSSELLS,
NORTH 00 DEGREES
49 MINUTES 16 SEC-
ONDS EAST, 355.17
FEET TO AN MDG RE-
BAR ON THE SOUTH
RIGHT OF WAY OF
STATE ROAD 46;
THENCE ALONG SAID
RIGHT OF WAY,
NORTH 71 DEGREES
40 MINUTES 38 SEC-
ONDS EAST, 133.47
FEET TO AN MDG RE-
BAR ON THE WEST
LINE OF LOT 44 IN THE
PLAT OF THE TOWN
OF NEWBERN, RE-
CORDED IN PLAT
BOOK A, PAGE 53
(ORIGINAL); THENCE
ALONG SAID WEST
LINE, SOUTH 02 DE-
GREES 43 MINUTES 52
SECONDS WEST,
42.68 FEET TO AN
MDG REBAR AT THE
SOUTHWEST CORNER
THEREOF; THENCE
ALONG THE SOUTH
LINE OF LOTS 44, 43,
42 AND 57 IN SAID
TOWN, SOUTH 88 DE-
GREES 03 MINUTES 58
SECONDS EAST,
352.00 FEET TO AN
MDG REBAR AT THE
SOUTHEAST CORNER
OF SAID LOT 57;
THENCE ALONG THE
EAST LINE OF LOTS
57, 58, 59 AND 60 IN
SAID TOWN, NORTH
02 DEGREES 43 MIN-
UTES 52 SECONDS
EAST, 173.27 FEET TO
AN MDG REBAR ON
THE SOUTH RIGHT OF
WAY OF STATE ROAD
46; THENCE ALONG
SAID RIGHT OF WAY,
NORTH 71 DEGREES
40 MINUTES 38 SEC-
ONDS EAST, 174.83
FEET TO A 5/8 INCH
REBAR WITH CAP
STAMPED ALLEN
LS20700102 AT THE
NORTHWEST CORNER
OF ADMINISTRATIVE
LOT 1 IN CAFFEE AD-
MINISTRATIVE SUBDI-
VISION, RECORDED IN
PLAT BOOK R, PAGE
336D; THENCE ALONG
THE WEST LINE OF
SAID LOT 1 AND AD-
MINISTRATIVE LOT 2
IN SAID CAFFEE,
SOUTH 00 DEGREES
14 MINUTES 51 SEC-
ONDS WEST, 751.73
FEET TO A 5/8 INCH
REBAR WITH CAP
STAMPED ALLEN
LS20700102 AT THE
SOUTHWEST CORNER
OF SAID LOT 2;
THENCE ALONG THE
SOUTH LINE OF THE
EAST HALF OF SAID
SOUTHEAST QUAR-
TER, SOUTH 89 DE-
GREES 20 MINUTES 23
SECONDS WEST,
111.39 FEET TO THE
POINT OF BEGINNING,
CONTAINING 9.322 AC-
RES
SUBJECT TO ALL EASE-
MENTS, RESTRIC-
TIONS, RIGHTS OF
WAY OR OTHER EN-
CUMBRANCES OF
RECORD.
NOW, THEREFORE, said
Defendant and all per-
sons claiming under her
are herebynotified of the
said filing and pendency
of said complaint against
them, and that unless
they appear and answer
to said complaint within
thirty (30) days of the
last publication of this
notice at the Courthouse
in the City of Columbus,
Indiana, Bartholomew
County, Indiana, said
complaint and all matters
and things therein con-
tained will be heard and
determined in their ab-
sence.
IN WITNESS WHEREOF,
I have hereunto set my
hand and affixed the
seal of said Court at Co-
lumbus, Indiana, Barthol-
omew County, Indiana
this JUly 14, 2026.
Shari J. Lentz, Clerk
Bartholomew Circuit Court
Peter Campbell King
Peter King Law, PSC
522 Franklin Street
PO Box 310
Columbus, IN 47202-0310
Phone: 812-376-0014
60162168
R 07-18-25--08-01-2026