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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 3928

COURT ROOM NO. 1

JUDGE JAMES C. EVANS

THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

ROBERT M. EMANUEL, ET AL.,

DEFENDANTS

Karen J. Emanuel and Unknown Spouse, if any of Karen J. Emanuel, whose addresses are 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 3928, against Robert M. Emanuel, et al. Defendants, alleging that on or about August 19, 1998, Defendants Robert M Emanuel and Karen J Emanuel executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio a certain Adjustable Rate Note in the amount of $21,000.00, 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 $19,146.74, plus interest at the rate of 9.00% per annum from March 1, 2001, 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 all of Struthers City Lot No. 1399 and the easterly 2 feet of Struthers City Lot No. 1400, according to the latest enumeration of lots in said city, (formerly known as all of Lot No. 917 and the easterly 2 feet of Lot No. 918), in Struthers Fifth Addition, as shown recorded in Volume 9 of Maps, Page 47 of Mahoning County Records.

Said Struthers City Lot No. 1399 and the easterly 2 feet of Struthers City Lot No. 1400 together form a parcel of land having a frontage of 52 feet on the northerly side of John Street and extending back 147.7 feet on the easterly line, 148.06 feet on the westerly line, and having a rear line of 52 feet, as appears by said plat.

Permanent Parcel No. 38-010-0-123.00

Prior Deed Reference: OR Volume 4729, Page 101 and OR Volume 2808, Page 55

that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on August 20, 1998 at 12:13 P.M., and was recorded in Official Record Volume 3807, Page 10, 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 Karen J. Emanuel, Unknown Spouse, if any, of Karen J. Emanuel, Robert M. Emanuel, and Current Resident, if any, of 32 John Street, Struthers, Ohio 44471 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.

Said above named parties are Defendants in the above entitled action and are required to answer on or before the 8th 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 6,13,20,27; Apr 3,10, 2003  03-00325

 

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