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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

GEORGE L. WHITE, IV

JERRY M. BRYAN

Attorneys 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 2512

COURT ROOM NO. 3

JUDGE JOHN M. DURKIN

THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

RALPH E. DONNELLY,

DEFENDANTS.

The Defendants, Ralph E. Donnelly, Unknown Spouse, if any, of Ralph E. Donnelly, Paul Donnelly, and Unknown Spouse, if any, of Paul Donnelly, 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, on the 25th day of July, 2003, in Case No. 03CV 2512, against Ralph E. Donnelly, et al., Defendants, alleging that on or about September 8, 1995, Defendant, Ralph E. Donnelly executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio, a certain Note in the amount of $59,849.55, 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 $55,086.29 plus interest at the rate of 7.75% per annum from November 1, 2002, plus any other costs and expenses recoverable under the Note and Mortgage; that to secure the payment of the Note, Defendants, Ralph E. Donnelly and Paul Donnelly 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 to wit:

And known as City Lot Number Fifty-five Hundred Eighty-seven (5587) as lots are now numbered in said City.

Said lot fronts Fifty (50) feet on the East side of Idora Avenue aka Lane and extends, of even width, One Hundred Forty (140) feet be the same more or less, but subject to all legal highways.

Known for street numbering purposes as 580 Idora Lane, Struthers, Ohio 44471

PERMANENT PARCEL NO. 38-029-0-143.00-0

Prior Deed Ref.: ORV 2650, Page 255, Mahoning County Records

that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on September 11, 1995 at 12:06 P.M., and was recorded in Official Record Volume 2650, Page 257, 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 Defendant, Ralph E. Donnelly, Unknown Spouse, if any, of Ralph E. Donnelly, Paul Donnelly, Unknown Spouse, if any, of Paul Donnelly, Providian National Bank and Citibank South Dakota, NA, 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.

Ralph E. Donnelly, Unknown Spouse, if any, of Ralph E. Donnelly, Paul Donnelly, Unknown Spouse, if any, of Paul Donnelly are further notified that they are required to answer said Complaint within twenty-eight (28) days of the last publication of this notice on or before the 13th day of November, 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,

GEORGE L. WHITE, IV

Supreme Court No. 0066803,

Attorneys for Plaintiff.

Sep 11,18,25; Oct 2,9,16, 2003  03-01327

 

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