-------------------------------

LEGAL NOTICE

JERRY M. BRYAN

Attorney At Law

HENDERSON, CONVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA

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

Judge Lou A. D'Apolito

Case No. 15CV 1555

THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

VINCENT J. DIGIACOMO, JR., ET AL

DEFENDANTS.

Jane Doe, Unknown Spouse, if any, of Vincent J. DiGiacomo, Jr., whose address is unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed a Complaint for Foreclosure in the Court of Common Pleas of Mahoning County, Ohio on June 11, 2015 in Case No. 15CV 1555, against Vincent J. DiGiacomo, Jr., et al., Defendants, alleging that on June 18, 2008 Vincent J. DiGiacomo, Jr. executed and delivered to Plaintiff a Promissory Note, a true copy of which is attached to the Complaint as Exhibit "A" and on March 30, 2011; that Vincent J. DiGiacomo, Jr. executed and delivered to Plaintiff a Loan Modification Agreement, a true copy of which is attached to the Complaint as Exhibit "B", upon which there is due and owing to Plaintiff the principal balance of $46,425.53, plus interest from May 31, 2010 in the amount of $1,967.21 and interest accruing at the rate of 4.015% per annum from June 5, 2015, unpaid late charges in the amount of $137.57, plus any other costs and expenses recoverable under the Note and Mortgage; that Vincent J. DiGiacomo, Jr. executed and delivered to Mortgage Electronic Registration Systems, Inc. ("MERS") a Mortgage, a true copy of which is attached to the Complaint as Exhibit "C" for the following described premises:

Situated in the City of Youngstown, County of Mahoning and State of Ohio and known as being Youngstown City Lot No. 40150 according to the latest enumeration of lots in said City, formerly Lot No. 726 in Brownlee Woods Plat No. 2 as recorded in Volume 17 of Plats, Page 28, Mahoning County Records.

Said lot has a frontage of 52.10 feet on the south line of Bancroft Avenue and extends back on its east line of 150 feet, on its west line 150 feet, having a rear line of 52.85 feet, as appears by said plat, be the same more or less, but subject to all legal highways.

PROPERTY ADDRESS: 1665 Bancroft Avenue, Youngstown, Ohio 44514.

PERMANENT PARCEL NO.: 53-194-0-336.00

that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on June 19, 2008 and was recorded in OR 5762, Page 2201, Mahoning County Records; that the Mortgage was thereafter assigned from MERS to Plaintiff by an Assignment of Mortgage recorded in OR 5875, Page 1605, Mahoning County Records, a true copy of which is attached to the Complaint as Exhibit "D"; that the Mortgage is the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes; that the Note secured by the Mortgage is in default for lack of payment in accordance with the terms, the conditions of the Mortgage have been broken, the Plaintiff is the holder of the Mortgage, and the Plaintiff is entitled to have the Mortgage foreclosed; that Defendant Mahoning County Treasurer holds a claim on the subject real estate for real estate taxes, and the Defendants Vincent J. DiGiacomo, Jr. and Jane Doe, Unknown Spouse, if any, of Vincent J. DiGiacomo, Jr. may have or claim to have interests in the subject real estate. 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 judgment be entered in its favor against Defendant Vincent J. DiGiacomo, Jr. on the Note in the principal sum of $46,425.53, plus interest from May 31, 2010 in the amount of $1,967.21, interest accruing from June 5, 2015 at the rate of 4.015% per annum, plus other costs and expenses; that Plaintiff's Mortgage be found to be the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes; that Plaintiff is entitled to have the lien of the Mortgage foreclosed, the subject permises sold in this action, and the proceeds applied to the satisfaction of Plainitff's Mortgage in its 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.

Defendant Jane Doe, Unknown Spouse, if any, of Vincent J. DiGiacomo, Jr is further notified that she is required to answer said Complaint within twenty-eight (28) days of the last publication of this notice, said answer day being the 14th day of January, 2016 and set forth whatever interest she may have in and to the above-described real estate or be forever barred from asserting the same.

HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA

BY: JERRY M. BRYAN, (0055266)

  Attorneys for Plainitff.

Dec 3,10,17, 2015   15-01261