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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

JAMES W. WHEELER

Attorney At Law

WILES, BOYLE, BURKHOLDER & BRINGARDNER

300 Spruce Street, Floor One

Columbus, Ohio 43215

Telephone: 1-614-221-5216

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 03CV 4613

MIDFIRST BANK

PLAINTIFF,

VS.

GREGORY P. THOMPSON, ET AL

DEFENDANTS.

Defendant, NICK KISTLER, whose last known address is 140 Bright Avenue, Campbell, Ohio 44405; Defendant Richard Roe, Unknown Occupant who last known address is 21 LaClede Avenue, Youngstown, Ohio 44507; Defendant, David Roe, Unknown Occupant whose last known address is 23 LaClede Avenue, Youngstown, Ohio 44507; and Defendant Mary Roe, Unknown Occupant whose last known address is 21 1/2 LaClede Avenue, Youngstown, Ohio 44507, are hereby notified that Midfirst Bank filed a Complaint in the Court of Common Pleas of Mahoning County, Ohio, in Case Number 03CV 4613 against them, alleging that on the 5th day of August, 1980, Gary M. Heffner and Debbie A. Heffner executed to The Lomas & Nettleton Company a promissory note, which was subsequently assigned to Plaintiff, and assumed by Gregory P. Thompson and Naomi D. Thompson; that Defendants Gregory P. Thompson and Naomi D. Thompson have defaulted in the payment of said note, and there is due Plaintiff thereon Twenty Thousand One Hundred Seventy-three and 96/100 Dollars ($20,173.96) with interest at the rate of 11.5% per annum from the 1st day of February, 2003; that in order to secure the promissory note, Gary M. Heffner and Debbie A. Heffner executed and delivered to The Lomas & Nettleton Company a mortgage deed, which was subsequently assigned to Plaintiff, and assumed by Gregory P. Thompson and Naomi D. Thompson, and conveyed the following described real estate:

Situated in the City of Youngstown, County of Mahoning and State of Ohio and described as follows:

And known as being Lot Number Thirty-eight Thousand Seven Hundred Twenty-eight (38728) according to the latest enumeration of lots in said City as recorded in Volume 20 of Plats, Page 73, Mahoning County Records. Said Lot has a frontage of Forty (40) feet on the South line of LaClede Avenue and extends back on its West line Two Hundred (200) feet, and on its East line Two Hundred (200) feet, having a rear line of Forty (40) feet, as appears by said plat.

PERMANENT PARCEL NO.: 53-053-0-282

PROPERTY LOCATION: 21, 21-1/2 & 23 LaClede Avenue, Youngstown, Ohio 44507.

Plaintiff says that said mortgage was delivered to the Recorder of Mahoning County, Ohio on the 5th day of August, 1980 and was recorded in Official Record 1443, Page 366, Recorder's Office, Mahoning County, Ohio and is the first and best lien on said premises save the lien of taxes and assessments and the costs of this action.

That by reason of the failure of the Defendants, Gregory P. Thompson and Naomi D. Thompson to make the monthly payments as required, the Plaintiff has declared the entire amount due and mortgage securing such note to be absolute; that the Treasurer of Mahoning County, Ohio; Gary M. Heffner and Debbie A. Heffner; and Nick Kistler may have a claim against said premises. Therefore, Plaintiff prays for judgment against the Defendants, Gregory P. Thompson and Naomi D. Thompson in the amount of Twenty Thousand One Hundred Seventy Three and 96/100 Dollars ($20,173.96) with interest at 11.5% per annum from 1st day of February, 2003 plus interest, late charges, advances and penalties; that the mortgage be foreclosed and all equities of redemption be forever cut off; that the Plaintiff be found to have the first and best lien therein; that the priority of all liens be determined by this Court; that said premises be sold as upon execution free and clear of all liens, interest and dower and the proceeds thereof applied to the Plaintiff's claims; and that Plaintiff may have such other and further relief to which it may be entitled at law or in equity.

Defendants first hereinabove named are further notified that they are required to answer said Complaint on or before the 27th day of May, 2004, which includes 28 days from the last publication, or judgment may be rendered as prayed for therein.

In case of your failure to answer or otherwise respond as required by the Ohio Rules of Civil Procedure, judgment by default will be rendered against you for the relief demanded in the Complaint.

WILES, BOYLE, BURKHOLDER & BRINGARDNER

BY:  JAMES W. WHEELER,

  Plaintiff's Attorney.

Mar 25; Apr 1,8,15,22,29, 2004   04-00418

 

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