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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO
Full text of Legal Notice
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 3927
COURT ROOM NO. 3
JUDGE R. SCOTT KRICHBAUM
PLAINTIFF,
VS.
ROBERT M. EMANUEL, ET AL.,
DEFENDANTS.
Karen J. Emanuel, whose address is unknown and who 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, on December 13, 2002 in Case No. 02CV 3927, against Robert M. Emanuel, et al. Defendants alleging that on or about June 7, 1996, Defendants, Robert M. Emanuel and Karen J. Emanuel executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio a certain Note in the amount of $47,000.00, 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 $34,916.77, plus interest at the rate of 7.00% per annum from January 1, 2002, plus any other costs and expenses recoverable under the Note and Mortgage; that to secure the payment of the Note, Defendants Robert M. Emanuel and Karen J. Emanuel executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio an 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 Lot Number One Thousand Six Hundred Twenty-eight (1628) according to the latest enumeration of lots in said City, as recorded in Volume 10 of Plats, Page 149, Mahoning County Records.
Said lot has a frontage of Fifty (50) feet on the northerly line of Elm Street and extends back on its easterly line Two Hundred Seventy-six and Seventy-three Hundredths (276.73) feet, and on its westerly line Two Hundred Seventy-seven and Twenty-four Hundredths (277.24) feet, having a rear line of Fifty (50) feet, as appears by said plat, subject to all legal highways.
Known for street numbering purposes as 159 Elm Street, Struthers, Ohio 44471
PERMANENT PARCEL NO. 38-006-0-008.00-0
Prior Deed Reference: OR Volume 4935, Page 43 and OR Volume 2908, Page 180.
that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on June 10, 1996 at 1:08 P.M., and was recorded in Official Record Volume 2908, Page 182, 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 liens of the Mahoning County Treasurer and American Tax Funding, LLC for real estate taxes; that the Treasurer of Mahoning County, Ohio, holds a claim on the property for real estate taxes; that Defendants Robert M. Emanuel, Unknown Spouse, if any, of Robert M. Emanuel and Karen J. Emanuel and American Tax Funding LLC may have or claim to have interests 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 in 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.
Karen J. Emanuel is further notified that she is required to answer said Complaint within twenty-eight (28) days of the last publication of this notice and set forth whatever interest she may have in and to the above-described real property or be forever barred from asserting the same. Said answer date being the 7th day of May, 2003.
HENDERSON, COVINGTON,
MESSENGER, NEWMAN
& THOMAS CO., L.P.A.
BY: JERRY M. BRYAN
Supreme Court No. 0055266,
Attorneys for Plaintiff.
Mar 5,12,19,26; Apr 2,9, 2003 03-00324
