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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

JAMES P. DADY

Attorney At Law

MAPOTHER & MAPOTHER, P.S.C.

1014 Vine Street, Suite 2320

Cincinnati, Ohio 45202

Telephone: 1-513-381-4888

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 03CV 294

THE CIT GROUP/CONSUMER FINANCE, INC.

PLAINTIFF,

VS.

EARL MCCLENDON, ET AL

DEFENDANTS.

The Unknown heirs, devisees, creditors, trustees and assigns of such of the defendants as may be deceased or alleged to be deceased; the unknown spouses of the defendant; the unknown officers, devisees, creditors, trustees, successors, and assigns of such defendant; the unknown conservators, guardians and trustees of such of the defendant as are minors or in any wise under legal disability; and all other persons who are or may be concerned, with the defendants, Earl McClendon, et al., whose places of residence is unknown, and whose last known residence is unknown and who cannot be served in the State of Ohio will take notice that on the 23rd day of January, 2003, The CIT Group/Consumer Finance, Inc., filed a Complaint as Plaintiff, in the Court of Common Pleas of Mahoning County, Ohio, Case Number 03CV 294, against Earl McClendon, et al., and all possible lien holders. Earl McClendon and Judith McClendon executed and delivered a note and mortgage to Plaintiff, said note now being in default and there is currently due and owing the sum of $22,965.69, bearing interest at the rate of 11.85% per annum from July 1, 2002, until paid; plus further the sum of $7.50 in advances, pursuant to the terms of the mortgage. Further, the note was secured by real property known as 233 Norwood Avenue, Youngstown, Ohio 44504-1718, and more particularly described as follows:

Situated in the City of Youngstown, County of Mahoning and State of Ohio and known as being Youngstown City Lot No. 16642 according to the latest enumeration of lots in said City in the North Height Land Company Plat No. 5 as shown by recorded plat in Volume 11 of Maps, Page 37 of Mahoning County records and being 71.55 feet front as the southerly side of Norwood Avenue and extending back of equal width 150 feet, as appears by said plat, be the same more or less but subject to all legal highways.

PERMANENT PARCEL NO.: 53-009-206

PROPERTY LOCATION: 233 Norwood Avenue, Youngstown, Ohio 44504-1718.

WHEREBY,

1. The conditions set forth in said note, mortgage and security agreement have been broken said mortgage has become absolute, and plaintiff is entitled to have said mortgage foreclosed, said premises sold and the proceeds applied in payment of the plaintiff's claims.

2. That the defendants, the unknown heirs, devisees, creditors, trustees, and assigns of such of the defendants as may be deceased or alleged to be deceased; the unknown spouses of the defendant; the unknown officers, devisees, creditors, trustees, successors, and assigns of such defendant; the unknown conservators, guardians and trustees of such of the defendant as are minors or in any wise under legal disability; and all other persons who are or may be concerned with the defendants, Earl McClendon, et al., have a claim to or some interest or lien upon the premises.

3. That said defendants be required to set forth any claim, lien or interest in or upon the above described premises which he or she may have or be forever barred therefrom, and therefore the plaintiff demands judgment against the defendants as mentioned above.

4. That the plaintiff's Mortgage be declared to be a valid and subsisting first lien upon said premises;

5. That its Mortgage be foreclosed.

6. That all liens upon said premises be marshalled and the equity of redemption of all defendants be forever cutoff, and barred and said premises sold as upon execution in accordance with law.

7. That upon the sale of said premises the proceeds be paid to satisfy the amount of the existing lien and the interest, together with its disbursements, advancements and costs herein expended, and for such other and further relief to which it may be entitled in equity or law, the unknown heirs, devisees, creditors, trustees, and assigns of such of the defendants as may be deceased or alleged to be deceased; the unknown spouses of the defendant; the unknown officers, devisees, creditors, trustees, successors, and assigns of such defendant; the unknown conservators, guardians and trustees of such of the defendant as are minors or in any wise under legal disability; and all other persons who are or may be concerned, with the defendants Earl McClendon, et al., are further notified that they are required to answer said Complaint on or before 24th day of December, 2003, or judgment may be rendered as prayed for therein.

MAPOTHER & MAPOTHER, P.S.C.

BY:  JAMES P. DADY,

  Plaintiff's Attorney.

Oct 22,29; Nov 5,12,19,26, 2003   03-01511

 

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