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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

JERRY M. BRYAN

Attorney At Law

HENDERSON, COVINGTON,

MESSENGER, NEWMAN

& THOMAS CO., L.P.A.

34 Federal Plaza W., Suite 600

Youngstown, Ohio 44503-1473

Telephone: (330) 744-1148

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 02CV 3482

COURT ROOM NO. 3

JUDGE JOHN M. DURKIN

THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

VIRGINIA C. LAWRENCE, ET AL.,

DEFENDANTS.

Unknown Heirs, Legatees and/or Devisees of Kenneth R. Lawrence, Deceased, whose addresses are unknown and cannot be served within the State of Ohio, will take notice that Plaintiff filed a Complaint in Mortgage Foreclosure in the Court of Common Pleas of Mahoning County, Ohio, in Case No. 02CV 3482, against the Estate of Kenneth R. Lawrence, Deceased, et al., Defendants, alleging that on or about June 6, 1986, Kenneth R. Lawrence, now deceased, and Defendant Virginia C. Lawrence executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio a certain Adjustable Rate Note in the amount of $26,000.00, a copy of which is attached to the Complaint as Exhibit "A"; that the Note is in default for failure to make payments of principal and interest when due; that The Home Savings and Loan Company of Youngstown, Ohio is the holder and in possession of the Note; that the principal balance due thereon is $19,891.32, plus interest at the rate of 7.625% per annum from April 1, 2002, plus any other costs and expenses recoverable under the Note and Mortgage; that Kenneth R. Lawrence is deceased, and to date, no estate has been filed; that to secure the payment of the Note, Kenneth R. Lawrence and Defendant Virginia C. Lawrence executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio and Open-End Mortgage, and thereby conveyed to The Home Savings and Loan Company of Youngstown, Ohio the following described real property as security for this debt:

Situated in the City of Struthers, County of Mahoning and State of Ohio, and known as being an undivided one-half interest in Struthers City Lot Number 4285, according to the latest enumeration of lots in said City, nka Lot Number 154 in Home Crest Plat, a subdivision of a part of Original Poland Township Great Lot Number 13 as shown by the recorded plat of said subdivision in Volume 11 of Maps, Page 62 of Mahoning County Records.

Said Struthers City Lot Number 4285 has a frontage of 40 feet on the southerly side of Omar Avenue, aka Omar Street, and extends back between parallel lines 125 feet on the easterly line, 125 feet on the westerly line and has a rear line of 40 feet, as appears by said plat, be the same more or less, but subject to all legal highways.

Known for street numbering purposes as 80 Omar Avenue, Struthers, OH 44471

PERMANANENT PARCEL NO. 38-013-0-084.00

Prior Deed Reference: OR Volume 1945, Page 231, OR Volume 309, Page 48, and Volume 255, Page 241.

that the mortgage was received for record by the Recorder of Mahoning County, Ohio on June 9, 1986 and recorded in Official Record Volume 255, Page 243, Mahoning County Records, a copy of which is attached to the Complaint as Exhibit "B"; that the Note is in default, whereby the conditions set forth in the Note and Mortgage have been broken and The Home Savings and Loan Company of Youngstown, Ohio is entitled to have the Mortgage foreclosed, said premises sold and the proceeds applied in payment of The Home Savings and Loan Company of Youngstown, Ohio's claim; that the Mortgage is the first and best lien against the subject premises, after the lien of the Mahoning County Treasurer for real estate taxes; that the Treasurer of Mahoning County, Ohio, holds a claim on the property for real estate taxes; that Defendants Estate of Kenneth R. Lawrence, Deceased, John Doe or Jane Doe, Executor of the Estate of Kenneth R. Lawrence, Deceased, Unknown Heirs Legatees and/or Devisees of Kenneth R. Lawrence, Deceased, Virginia C. Lawrence, Unknown Spouse, if any, of Virginia C. Lawrence, Rosemarie Tait aka Rosemary Hrusovsky, Unknown Spouse, if any of Rosemarie Tait aka Rosemarie Hrusovsky, Current Resident, if any of 80 Omar Street, Struthers, Ohio 44471, Kaufmanns and Monogram Credit Card Bank of Georgia may have or claim to have interest in or liens against the subject real property. The Complaint demands that the Defendants named therein be required to appear in this suit and set forth whatever interests they may have and to the subject real property or be forever barred from asserting the same; that Plaintiff be found to have the first and best lien on said premises by virtue of the Note and Mortgage; that it be found that the conditions of the Mortgage have been broken and that The Home Savings and Loan Company of Youngstown, Ohio is entitled to have the same foreclosed and the subject premises appraised and sold in this action; and that the Court grant such other and further relief as equity and the nature of the case may require.

Unknown Heirs, Legatees, and/or Devisees of Kenneth R. Lawrence, Deceased, are further notified that they are required to answer said Complaint within twenty-eight (28) days of the last publication of this notice, said day being the 13th day of March, 2003, and set forth whatever interest they may have in and to the above-described real property or be forever barred from asserting the same.

HENDERSON, COVINGTON,

MESSENGER, NEWMAN

& THOMAS CO., L.P.A.

BY:  JERRY M. BRYAN

Supreme Court No. 0055266,

Attorneys for Plaintiff.

Jan 9,16,23,30; Feb 6,13, 2003  02-03312

 

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