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LEGAL NOTICE

JOHN D. CLUNK

TED A. HUMBERT

TIMOTHY R. BILLICK

ROBERT R. HOOSE

LISA M. MICHAELS

MICHAEL W. WIERY

ROBERT H. YOUNG

Attorneys At Law

JOHN D. CLUNK CO., LPA

5601 Hudson Drive, Suite 400

Hudson, Ohio 44236

Telephone: 1-330-342-8203

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 04CV 1402

THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-1F, C/O FAIRBANKS CAPITAL CORP.

PLAINTIFF,

VS.

ANTHONY PESA, ET AL.,

DEFENDANTS.

Marvel Pesa, aka Marvel L. Pesa and Anthony Pesa, aka Anthony Joseph Pesa, whose last place of residence is known as 426 Devitt Avenue, Campbell, Ohio 44405, but whose present place of residence is unknown, Roman Gill whose last place of residence is known as 426 Devitt Avenue, Campbell, Ohio 44405, but whose present place of residence is unknown, will take notice that on the 21st day of April, 2004, The Bank of New York, acting solely in its capacity as trustee for EQCC Trust 2001-1F, c/o Fairbanks Capital Corp., filed its Complaint in Foreclosure in Case No. 04CV 1402 in the Court of Common Pleas, Mahoning County, Ohio, alleging that the Defendants, Marvel Pesa, aka Marvel L. Pesa, Anthony Pesa, aka Anthony Joseph Pesa and Roman Gill, have or claim to have an interest in the real estate described below:

PARCEL NO. 1:

SITUATED IN THE CITY OF CAMPBELL, COUNTY OF MAHONING AND STATE OF OHIO, AND KNOWN AS CAMPBELL CITY LOT NUMBER ONE THOUSAND ONE HUNDRED SIXTY-NINE (1169) ACCORDING TO THE LATEST ENUMERATION OF LOTS IN SAID CITY.

SAID CAMPBELL CITY LOT NO. 1169 HAS A FRONTAGE OF 50 FEET ON THE NORTH SIDE OF DEVITT AVENUE, AND EXTENDS BACK THEREFROM OF EVEN WIDTH TO A DEPTH OF 150 FEET; FORMERLY KNOWN AS SUB LOT NO. 315 OF THE EAST YOUNGSTOWN LAND & IMPROVEMENT COMPANY'S MAHONING COUNTY RECORD OF MAPS, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS.

PARCEL NO. 2:

SITUATED IN THE CITY OF CAMPBELL, COUNTY OF MAHONING AND STATE OF OHIO, AND KNOWN AS THE EASTERLY FORTY (40) FEET OF CAMPBELL CITY LOT NUMBER ONE THOUSAND ONE HUNDRED SIXTY-EIGHT (1168) AS LOTS ARE NOW NUMBERED IN SAID CITY AND FORMERLY KNOWN AS LOT NO. 314 AS RECORDED IN PLAT VOLUME 4, PAGE 26-3/4, MAHONING COUNTY RECORDS.

SAID EASTERLY FORTY (40) FEET OF LOT NO. 1168 HAS A FRONTAGE OF FORTY (40) FEET ON NORTH LINE OF DEVITT AVENUE AND EXTENDS BACK OF EVEN WIDTH ONE HUNDRED FIFTY (150) FEET, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS.

Known for street numbering purposes as 426 Devitt Avenue, Campbell, Ohio 44405

PERMANANENT PARCEL NO. 46-008-0-069.00-0

The Petitioner further alleges that by reason of default of the Defendant(s) in the payment of a promissory note, according to its tenor, the conditions of a concurrent mortgage deed given to secure the payment of said note and conveying the premises described, have been broken, and the same has become absolute.

  The Petitioner prays that the Defendant(s) named above be required to answer and set up their interest in said real estate or be forever barred from asserting the same, for foreclosure of said mortgage, the marshalling of any liens, and the sale of said real estate, and the proceeds of said sale applied to the payment of Petitioner‘s claim in the proper order of its priority, and for such other and further relief as is just and equitable.

THE DEFENDANT(S) NAMED ABOVE ARE REQUIRED TO ANSWER ON OR BEFORE THE 15th DAY OF OCTOBER, 2004.

THE LAW OFFICES OF

JOHN D. CLUNK CO., LPA

BY:  JOHN D. CLUNK

Ohio Supreme Court No. 0005376

TED A. HUMBERT

Ohio Supreme Court No. 0022307

TIMOTHY R. BILLICK

Ohio Supreme Court No. 0010390,

ROBERT R. HOOSE

Ohio Supreme Court No. 0074544,

LISA M. MICHAELS

Ohio Supreme Court No. 0066918,

MICHAEL W. WIERY

Ohio Supreme Court No. 0068898,

ROBERT H. YOUNG

Ohio Supreme Court No. 0036743,

Attorneys for Plaintiff-Petitioner.

Aug 13,20,27; Sep 3,10,17, 2004    04-01228