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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

DAVID J. DEMERS

Attorney At Law

COOKE, DEMERS

& GLEASON, LLC

3 N. High Street, P.O. Box 714

New Albany, Ohio 43054

Telephone: 614-939-0930

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 13CV 192

THE BANK OF NEW YORK MELLON TRUST COMPANY, NA AS TRUSTEE ON BEHALF OF SWABS ASSET-BACKED CERTIFICATES TRUST 2005-7

PLAINTIFF,

VS.

WILLIAM A. ENYEART III, ET AL

DEFENDANTS.

Plaintiff has brought this action naming you as the Defendants in the above-named court by filing its Complaint on January 23, 2013.

The object of the Complaint is to foreclose the mortgage against Defendants. The prayer is that Plaintiff be found to have a good and valid first lien on the within described premises in the amount as set forth in the complaint and accrued interest and penalties, if any; that each of the Defendants be required to answer setting up their interest, if any, in said premises, or be forever barred from asserting same; that unless the amount found due the Plaintiff be paid within a reasonable time to be named by the Court, the equity of redemption of said Defendants shall be foreclosed and an order of sale issued to the Plaintiff for it to be directed to sell said premises as upon execution, and for such other relief as Plaintiff may be entitled.

Situated in the Township of Poland, County of Mahoning and State of Ohio:

Parcel Number One

A part of Great Lot No 78 in said Poland Township, and being further bounded and described as follows:

Commencing at a monument found at the intersection of the centerline of Bedford Road (County Road 223) and the centerline of New Castle Road (County Road 106);

Thence South 85 degrees 27' 00" East along said centerline of New Castle Road a distance of 198.72 feet to a point of defection of said centerline;

Thence South 52 degrees 05' 30" East continuing along said centerline of New Castle Road a distance of 1153.38 feet to a point of deflection of said centerline;

Thence South 45 degrees 00' 00" East continuing along said centerline of New Castle Road a distance of 453.33 feet to the Point of Beginning, said point being the Southeasterly corner of the lands M. J. Schrader (O.R. Book 2999, Page 40);

Thence North 44 degrees 54' 45" East along said lands of Schrader a distance of 208.71 feet to a 5/8" iron pin set on the Southwesterly line of the lands of J.E. Ostavitz (O.R. Book 4616, Page 298), and passing over a 3/4" iron pin at 25.00 feet;

Thence South 45 degrees, 00' 00" East along said lands of Ostavitz a distance of 208.71 feet to a 5/8" iron set;

Thence South 44 degrees 54' 45" West a distance of 208.71 feet to a point on said centerline of New Castle Road, and passing over a 5/8" iron pin at 183.71 feet;

Thence North 45 degrees 00' 00" West along said centerline of New Castle Road a distance of 208.71 feet to the true POINT of BEGINNING, and containing 43,559.8176 square feet or 1.0000 acres of land, more or less. The above described parcel contains 0.1198 acres of land within said right-of-way limits of New Castle Road; the same being the base azimuth of the above described parcel, Bearing: South 45 degrees 00' 00" East. A Survey of this parcel was performed by Warren F. Drescher, IV Registered Surveyor No. 7390, October 2004.

Parcel Number Two

Known as being Part of Great Lot No 78 in said Poland Township, and being further bounded and described as follows:

Commencing at a monument found at the intersection of the centerline of Bedford Road (County Road 223) and the centerline of New Castle Road (County Road 106);

Thence South 85 degrees 27' 00" East along said centerline of New Castle Road a distance of 198.72 feet to a point of deflection of said centerline;

Thence South 52 degrees 05' 30" East continuing along said centerline of New Castle Road a distance of 1153.38 feet to a point of deflection of said centerline;

Thence South 45 degrees 00' 00" East continuing along said centerline of New Castle Road a distance of 662.04 feet to a Point of Beginning;

Thence North 44 degrees 54' 45" East a distance of 208.71 feet to a 5/8" iron pin set on the Southwesterly line of the lands of J. E. Ostavitz (O.R. Book 4616, Page 298), and passing over a 5/8" iron pin found at 25.00 feet;

Thence South 45 degrees 00' 00" East along said lands of Ostavitz a distance of 104.35 feet to a 5/8" iron pin found at the Northwesterly corner of the lands of L. B. Semivan (O.R. Book 5151, Page 1212);

Thence South 44 degrees 54' 45" West along said lands of Semivan a distance of 208.71 feet to a point on said centerline of New Castle Road, and passing over a 5/8" iron pin set at 183.71 feet;

Thence North 45 degrees 00' 00" West along said centerline of New Castle Road a distance of 104.35 feet to the true POINT of BEGINNING, and containing 21,778.8780 square feet or 0.5000 acres of land, more or less. The above described parcel contains 0.0599 acres of land within said right-or-way limits of New Castle Road; the same being the base azimuth of the above described parcel, Bearing: South 45 degrees 00' 00" East. A survey of this parcel was performed by Warren F. Drescher, IV Registered Surveyor No, 7390, October 2004.

Known As: 6882 New Castle Road, Lowellville, OH 44436

Parcel No. 41-105-0-047.000

Prior Deed Reference: Official Record 5533, Page 707

You are required to answer the Complaint within twenty-eight days after the last publication of this notice, which will be published once each week for three successive weeks, and the last publication will be made on August 21, 2013. Said answer day being the 18th day of September, 2013.

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

COOKE, DEMERS & GLEASON, LLC

BY:  DAVID J DEMERS,

  Plaintiff's Attorney.

Aug 7,14,21, 2013   13-00978

 

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