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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. 03CV 1720

COURT ROOM NO. 3

JUDGE R. SCOTT KRICHBAUM

THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

ESTATE OF HAROLD SINGLETERRY, DECEASED, ET AL.,

DEFENDANTS.

Unknown Heirs, Legatees and/or Devisees of Harold Singleterry, Deceased, 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 May 22, 2003 in Case No. 03 CV 1720, and an Amended Complaint in Mortgage Foreclosure on July 10, 2003, against the Estate of Harold Singleterry, Deceased, et al., Defendants, alleging that on or about March 22, 1999, Harold Singleterry, who is now deceased executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio a certain Note in the amount of $22,500.00, 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 $21,657.70, plus interest at the rate of 7.5% per annum from December 1, 2002, plus any other costs and expenses recoverable under the Note and Mortgage; that to secure the payment of the Note, Harold Singleterry 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 Youngstown, County of Mahoning and State of Ohio, and known as being Youngstown City Lot Nos. 51971 and 51972. It is further described as follows:

Youngstown City Lot No. 51971 is 41 x 124 and irregular in shape. Youngstown City Lot No. 51972 has a frontage of 41.93 feet on the Easterly side of Keogh Avenue and extends back therefrom a distance of 138.84 feet on the Northerly line 131.23 feet on the Southerly line and is 42.62 feet at the rear, as appears by said plat, be the same more or less, but subject to all legal highways.

PERMANENT PARCEL NOS. 53-219-0-269.00 (Lot 51972) and 53-219-0-270.00 (Lot 51971).

Prior Deed Ref: ORV 4090, Page 67, Mahoning County Records

that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on March 22, 1999 and recorded in Official Record Volume 4090, Page 69, 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; and that Defendant Estate of Harold Singleterry, Deceased, and Defendants John Doe, Unknown Executor of the Estate of Harold Singleterry, Deceased, Unknown Heirs, Legatees and/or Devisees of Harold Singleterry, Deceased, and The City of Youngstown- Community Development Agency 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.

Unknown Heirs, Legatees and/or Devisees of Harold Singleterry, Deceased are further notified that they are required to answer said Complaint within twenty-eight (28) days of the last publication of this notice 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.

Jul 24,31; Aug 7,14,21,28, 2003  03-01098

 

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