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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO
Full text of Legal Notice
LEGAL NOTICE
THOMAS D. RICHARDS
Attorney At Law
RICHARDS & ASSOCIATES CO., L.P.A.
3322 Erie Avenue, Suite 101
Cincinnati, Ohio 45208
Telephone: 1-513-871-8755
IN THE COURT OF
COMMON PLEAS,
MAHONING COUNTY, OHIO
120 Market Street
Youngstown, Ohio 44503-1751
Case No. 04CV 121
PLAINTIFF,
VS.
JUNE M. THOMAS, ET AL
DEFENDANTS.
Samuel Thomas, whose last known place of residence was 3940 Lake Park Drive, Brecksville, Ohio 44141; JEM Properties, L.L.C., whose last known place of residence was 2060 Elbur Avenue, Wakewood, Ohio 44107; and Jessica Thomas, whose last known place of residence was 3940 Lake Park Drive, Brecksville, Ohio 44141, otherwise whose places of residence are unknown, will hereby take notice that on the 26th day of October, 2004, Fifth Third Mortgage Company, filed an Amended Complaint against you in the Court of Common Pleas of Mahoning County, Ohio, being Case Number 04CV 121 on the docket of said Court, alleging that
Plaintiff demands judgment against all Defendants named herein as follows:
Judgment against Defendant June M. Thomas upon the Note in the total sum of $198,039.44, plus interest on the principal sum at the rate of $29.9247 per diem, from August 31, 2004 until paid, plus late fees, advances for taxes and insurance, and its costs herein expended, and prepayment penalty if applicable.
Plaintiff's Declaratory Action to determine the relative rights and responsibilities of the parties prior to proceeding with judgment on the remaining Counts.
A finding that the Mortgage is a valid and existing lien upon the Real Property; that the equity of redemption of Defendant June M. Thomas in the Real Property shall be foreclosed and forever barred; that upon failure of Defendant June M. Thomas to pay the judgment within five (5) days after the granting thereof, an Order shall be issued to the Sheriff of Mahoning County, Ohio, to appraise, advertise and sell the Real Property as upon execution; that all Defendants be required to assert and establish their interest, if any, in and to the Real Property or be forever barred from claiming any interest in the Real Property; that all liens shall be marshaled and the Real Property sold free and clear of all liens, said liens, claims and interests to attach to the proceeds of the sale of the Real Property; that the proceeds of said sale shall be applied first to the costs of this action and then to Fifth Third and the Defendants in the order of their priority to the extent that said Defendants establish an interest in the Real Property.
That Fifth Third be awarded the costs in this action, including but not limited to the costs of documentary evidence, abstracts and title reports, and all other equitable and legal relief which this Court deems just, fair and equitable.
That Fifth Third be awarded Judgments and full Indemnification against Defendants Old Republic National Title Insurance Company and Cresent Title Agency jointly and severally.
PERMANENT PARCEL NO.: 46-022-0-004
PROPERTY LOCATION: 180 Kendall Avenue, Campbell, Ohio 44405.
You 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 6th day of December, 2005.
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.
RICHARDS & ASSOCIATES CO., L.P.A.
BY: THOMAS D. RICHARDS,
Plaintiff's Attorney.
Oct 4,11,18,25; Nov 1,8, 2005 05-01799
