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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO
Full text of Legal Notice
LEGAL NOTICE
GEORGE L. WHITE, IV
Attorney At Law
HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., L.P.A.
34 Federal Plaza West, #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. 04CV 3974
Judge James C. Evans
PLAINTIFF,
VS.
ESTATE OF SUZETTE M. FRAZZINI, DECEASED, ET AL
DEFENDANTS.
John Doe, Unknown Executor of the Estate of Suzette M. Frazzini, Deceased and Unknown Heirs, Legatees and/or Devisees of Suzette M. Frazzini, 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 the 12th day of November, 2004, Case Number 04CV 3974, against Estate of Suzette M. Frazzini, Deceased, et al., Defendants, alleging that:
On or about November 28, 2001, Suzette M. Frazzini, who is now deceased, executed and delivered to Plaintiff a certain Adjustable Rate Note (hereinafter "Note No. 1") in the amount of $52,500.00, a copy of which is attached to the Complaint as Exhibit "A"; that Note No. 1 is in default for failure of Defendant Estate of Suzette M. Frazzini, Deceased, to make payments of principal and interest when due; that Plaintiff is the holder of Note No. 1; that the principal balance due thereon is $51,421.74, plus interest at the rate of 7.50% per annum from April 1, 2004, plus any other costs and expenses recoverable under Note No. 1 and the Mortgage described below; that to secure the payment of Note No. 1, Suzette M. Frazzini, who is now deceased, and Ronnie Frazzini, aka Ronnie A. Frazzini executed and delivered to Plaintiff an Open-End Mortgage (hereinafter "Mortgage No. 1"), and thereby conveyed to Plaintiff the following described real property as security for this debt:
Situated in the Township of Boardman, County of Mahoning and State of Ohio, and known as being Lot No. 205, in New England Lanes Subdivision No. 5, as recorded in Volume 29 of Plats, Page 59, Mahoning County Records.
Said Lot has a frontage of 65 feet on the Westerly side of New England Boulevard and extends back on its Northerly line 170.3 feet and on its Southerly line 170 feet, having a rear line of 65 feet, as appears by said Plat.
PERMANENT PARCEL NO.: 29-010-0-180.00
PROPERTY LOCATION: 4580 New England Blvd., Youngstown, Ohio 44512.
Prior Deed Ref.: ORV 5166, Page 974, Mahoning County Records.
Mortgage No. 1 was received for record by the Recorder of Mahoning County, Ohio on November 28, 2001, and was recorded in Official Record Volume 5166, Page 976, Mahoning County Records, a copy of which is attached to the Complaint as Exhibit "B"; Plaintiff also alleges that on or about June 19, 2002, Suzette M. Frazzini, who is now deceased, executed and delivered to Plaintiff a certain Home Equity Line of Credit (hereinafter "Note No. 2") in the amount of $15,000.00, a copy of which is attached to the Complaint as Exhibit "C"; that Note No. 2 is in default for the failure of Defendant Estate of Suzette M. Frazzini, Deceased, to make payments of prinicipal and interest when due; that Plaintiff is the holder of Note No. 2; that the principal balance due thereon is $14,104.66, plus interest at the rate of 5.00% per annum from December 25, 2003, plus any other costs and expenses recoverable under Note No. 2 and the Mortgage described below; that to secure the payment of Note No. 2, Suzette M. Frazzini, who is now deceased, and Ronnie Frazzini, aka Ronnie A. Frazzini executed and delivered to Plaintiff an Open-End Mortgage (hereinafter "Mortgage No. 2"), and thereby conveyed to Plaintiff as security for this debt the same property as legally described in Mortgage No. 1 above. Mortgage No. 2 was received for record by the Recorder of Mahoning County, Ohio on June 20, 2002, and was recorded in Official Record Volume 5224, Page 666, Mahoning County Records, a copy of which is attached to the Complaint as Exhibit "D". Note No. 1 and Note No. 2 are in default, whereby the conditions set forth in the Notes and the Mortgages have been broken and Plaintiff is entitled to have the Mortgages foreclosed, said premises sold and the proceeds applied in payment of Plaintiff's claim; that Mortgage No. 1 is the first and best lien against the subject premises, after the lien of the Mahoning County Treasurer for real estate taxes; that Defendant Mahoning County Treasurer holds a claim on the Property for real estate taxes; that Mortgage No. 2 is a valid and subsisting second lien against the subject real estate after the lien of Mortgage No. 1 and the lien of Defendant Mahoning County Treasurer for real estate taxes; that Defendant Estate of Suzette M. Frazzini, Deceased, and Defendants Ronnie Frazzini, aka Ronnie A. Frazzini, John Doe, Unknown Executor of the Estate of Suzette M. Frazzini, Deceased, Unknown Heirs, Legatees and/or Devisees of Suzette M. Frazzini, Deceased and Current Resident, if any, of 4580 New England Boulevard, Youngstown, Ohio 44512 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 virture of Note No. 1 and Mortgage No. 1; that Plaintiff be found to have a valid and subsisting lien against the subject real estate by virtue of Note No. 2 and Mortgage No. 2; that it be found that the conditions of the Mortgages have been broken and that Plaintiff is entitled to have the Mortgages 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.
John Doe, Unknown Executor of the Estate of Suzette M. Frazzini, Deceased and Unknown Heirs, Legatees and/or Devisees of Suzette M. Frazzini, Deceased, are further notified that they are required to answer the Complaint within Twenty-eight (28) days from the last date of publication of this notice, which will be published for six (6) successive weeks, said answer day being the 18th day of March, 2005, and set forth whatever interests 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: GEORGE L. WHITE IV,
Plaintiff's Attorney.
Jan 14,21,28; Feb 4,11,18, 2005 05-00062
