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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO
Full text of Legal Notice
LEGAL NOTICE
JERRY M. BRYAN
Attorney At Law
HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., L.P.A.
6 Federal Plaza Central, Suite 1300
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. 14CV 1135
Judge Shirley J. Christian
PLAINTIFF,
VS.
ESTATE OF PAMELA E. NEWLAND AKA PAM EDITH HALEY, DECEASED, ET AL
DEFENDANTS.
The Estate of Pamela E. Newland aka Pam E. Haley, Deceased, Unknown Spouse, if any, of Pamela E. Newland aka Pam Edith Haley, Deceased, the Unknown Executor of the Estate of Pamela E. Newland aka Pam Edith Haley, Deceased, and the Unknown Heirs, Legatees, Devisees, of the Estate of Pamela E. Newland aka Pam Edith Haley, Deceased, whose addresses are unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed an Amended Complaint in Mortgage Foreclosure in the Court of Common Pleas of Mahoning County, Ohio on May 12, 2015 in Case No. 14 CV 1135, Against the Estate of Pamela E. Newland aka Pam Edith Haley, deceased, et al., Defendants, alleging that on or about October 15, 2009 Plaintiff extended a loan to Pamela E. Newland aka Pam Edith Haley ("Pamela E. Newland"), who is now deceased. Pursuant to the aforesaid loan, Pamela E. Newland, who is now deceased, executed and delivered to Plaintiff a certain Promissory Note (Hereinafter "Note No. 1), in the Amount of $80,750.00, a true and correct copy of which is attached to the Amended Complaint as Exhibit "A", that Plaintiff is the holder of Note No. 1, Note No. 1 is in default for failure to make payments of principal and interest when due, and there is due and owing to Plaintiff on Note No. 1 the unpaid principal balance of $75,769.34, plus interest from September 16, 2013 at the rate of 5.75% per annum, unpaid late charges and escrow shortages, and costs; that Pamela E. Newland died on January 6, 2014, and to date no estate has been filed; that to secure payment of Note No. 1 Pamela E. Newland, who is now deceased, executed and delivered to Plaintiff a certain Mortgage ("Hereinafter "Mortgage No. 1"), and thereby conditionally conveyed to Plaintiff the following-described real property:
Situated in the City of Youngstown, County of Mahoning, State of Ohio, and known as being Youngstown City Lot Number 57246 according to the lastest enumeration of Lots in Said City, as recorded in Volume 31 of Plats, Page 51, Mahoning County Records.
Said Lot has a frontage of 70 feet on the west line of Bears Den Road and extends back on its north line 180.42 feet, and on its south line 185 feet, having a rear line of 70.15 feet, as appears by said Plat, subject to all legal highways.
PERMANENT PARCEL NO.: 53-149-0-008.000
PRIOR DEED REFERENCE: ORV 5826, Page 1590
PROPERTY LOCATION: 2412 Bears Den Road, Youngstown, Ohio 44511.
that Mortgage No. 1 was received for record by the Recorder of Mahoning County, Ohio on October 16, 2009 at 2:52 P.M., and was recorded in OR 5826, Page 1592, Mahoning County Records, a true and correct copy of which is attached to the Amended Complaint as Exhibit "B", that Mortgage No. 1 is the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes; the Note No. 1 secured by Mortgage No. 1 is in default for lack of payment in accordance with the terms, the conditions of Mortgage No. 1 have been broken, Plaintiff is the holder of Mortgage No. 1, and Plaintiff is entitled to have Mortgage No. 1 foreclosed; that on or about October 15, 2009, Plaintiff extended a loan to Pamela E. Newland, who is now deceased, in the amount of $4,895.61; that pursuant to the aforesaid loan, Pamela E. Newland, who is now deceased, executed and delivered to Plaintiff a certain Promissory Note (Hereinafter "Note No. 2"), in the amount of $4,895.61, a true and correct copy of which is attached to the Amended Complaint as Exhibit "C"; that Plaintiff is the holder of Note No. 2, Note No. 2 is in default for failure to make payments of principal and interest when due, and there is due and owing to Plaintiff on Note No. 2 the sum of $652.75 as of February 15, 2014, and costs; that to secure payment of Note No. 2, Pamela E. Newland, who is now deceased, executed and delivered to Plaintiff a certain Open-End Mortgage ("Hereinafter "Mortgage No. 2"), and thereby conditionally conveyed to Plaintiff the above-described real property; that Mortgage No. 2 was received for record by the Recorder of Mahoning County, Ohio on October 16, 2009 at 2:52 P.M., and was recorded in OR 5826, Page 1609, Mahoning County Records, a true and correct copy of which is attached to Amended Complaint as Exhibit "D"; that Mortgage No. 2 is a valid and subsisting lien against the subject real estate, after the lien of Mortgage No. 1; that Note No. 2 secured by Mortgage No. 2 is in default, the conditions of Mortgage No. 2 have been broken, Plaintiff is the holder of Mortgage No. 2, and Plaintiff is entitled to have Mortgage No. 2 foreclosed; that Defendant Mahoning County Treasurer has the first and best lien against the subject real estate for real estate taxes; that Defendants Estate of Pamela E. Newland aka Pam Edith Haley, deceased, Unknown Spouse, if any, of Pamela E. Newland aka Pam Edith Haley, deceased, Unknown Executor of the Estate of Pamela E. Newland aka Pam Edith Haley, Deceased, Unknown Heirs, Legatees and Devisees, of Pamela E. Newland aka Pam Edith Haley, deceased, and Current Tenant, if any, of 2412 Bears Den Road, Youngstown, Ohio 44511 may have or claim to have interests in the subject real estate. The Amended 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 there is due and owing to Plaintiff on Note No. 1 the principal amount of $75,769.34, plus interest from September 16, 2013 at the rate of 5.75% per annum, unpaid late charges and escrow shortages, and costs, and that judgment in foreclosure be entered in favor of Plaintiff in said amount; that there is due and owing to Plainitff on Note No. 2 the sum of $652.75 as of February 15, 2014, and costs, and that judgment in foreclosure be entered in favor of Plaintiff in said amount; that Plainitff be found to have the first and best lien against the subject real estate by virtue of Mortgage No. 1, after the lien of Defendant Mahoning County Treasurer for real estate taxes; that Plainitff be found to have a valid and subsisting lien against the subject real estate by virtue of Mortgage No. 2, after the lien of Mortgage No. 1; that it be found that the conditions of the Mortgages have been broken and that Plaintiff is entitled to have the liens of the Mortgages foreclosed, and the subject premises appraised and sold in this action, and the proceeds applied to the satisfaction of Plaintiff's Mortgages in their proper priority; that Plaintiff receive its costs in this action; and that the Court grant such order and further relief as equity and the nature of the case may require.
Defendants, Estate of Pamela E. Newland aka Pam Edith Haley, deceased, Unknown Spouse, if any, of Pamela E. Newland aka Pam Edith Haley, deceased, Unknown Executor of the Estate of Pamela E. Newland aka Pam Edith Haley, deceased, and Unknown Heirs, Legatees and Devisees, of the Estate of Pamela E. Newland aka Pam Edith Haley, deceased, are further notified that they are required to answer said Amended Complaint with twenty-eight (28) days of the last publication of this notice and set forth whatever interests they may have in and to the above-described real estate or be forever barred from asserting the same, said answer day being the 1st day of July, 2015,
HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA
BY: JERRY M. BRYAN,
Attorneys for Plaintiff.
May 20,27; Jun 3, 2015 15-00585