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LEGAL NOTICE

CHARLES V. GASIOR

Attorney At Law

THE LAW OFFICES OF

JOHN D. CLUNK CO., L.P.A.

4500 Courthouse Blvd., Suite 400

Stow, Ohio 44224

Telephone: (330) 436-0300

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 15CV 2725

Judge Lou A. D'Apolito

THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-4 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-4

PLAINTIFF,

VS.

UNKNOWN HEIRS AT LAW, DEVISEES, LEGATEES, EXECUTORS AND ADMINISTRATORS OF D. EDWARD CARCELLI, DECEASED, ET AL

DEFENDANTS.

Unknown Heirs at Law, Devisees, Legatees, Executors, and Administrators of D. Edward Carcelli, whose place of residence is unknown and Unknown Spouse, if any, of D. Edward Carcelli, whose last place of residence is known as 21 Creed Street, Struthers, Ohio 44471-1628 but whose present place of residence is unknown, will take notice that on October 13, 2015, The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for NovaStar Mortgage Funding Trust, Series 2004-4 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2004-4, filed its Complaint in Foreclosure in Case No. 15CV 2725 in the Court of Common Pleas Mahoning County, Ohio, alleging that the Defendants, Unknown Heirs at Law, Devises, Legatees, Executors, and Administrators of D. Edward Carcelli and Unknown Spouse, if any, of D. Edward Carcelli, have or claim to have an interest in the real estate located at 21 Creed Street, Struthers, Ohio 44471-1628, PPN# 38-007-0-478.000. A complete legal description may be obtained with the Mahoning County Auditor's Office located at 120 Market Street, Youngstown, OH 44503.

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 5TH DAY OF JANUARY, 2016.

LAW OFFICES OF JOHN D. CLUNK CO. L.P.A.

BY:  CHARLES V. GASIOR (#0075946),

  Plaintiff's Attorney.

Nov 24; Dec 1,8, 2015   15-01216