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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. 15CV 2966
Judge Shirley J. Christian
PLAINTIFF,
VS.
ESTATE OF RICHARD L. ELISER, DECEASED, ET AL
DEFENDANTS.
The Estate of Richard L. Eliser, deceased, Unknown Spouse, if any, of Richard L. Eliser, deceased, Unknown Executor of the Estate of Richard L. Eliser, Deceased, and Unknown Heirs, Legatees, and Devisees, of the Estate of Richard L. Eliser, deceased, whose addresses are unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed a Complaint in Mortgage Foreclosure in the Court of Common Pleas of Mahoning County, Ohio on November 12, 2015 in Case No. 15CV 2966, against the Estate of Richard L. Eliser, Deceased, et al, Defendants, alleging that on or about December 18, 2013, Plaintiff extended a line of credit to Richard L. Eliser, who is now deceased. Pursuant to the aforesaid loan, Richard L. Eliser, who is now deceased, executed and delivered to Plaintiff a certain HELOC Credit Agreement (hereinafter "the Note"), in the amount of $13,000.00, a true and correct copy of which is attached to the Complaint as Exhibit "A" that Plaintiff is the holder of the Note, upon which there is due and owing to Plainitff the principal balance of $12,850.48, plus interest from February 6, 2015 at the rate of 5.24% per annum, unpaid late charges and any other costs and expenses recoverable under the Note and the Mortgage; that Richard L. Eliser died on February 5, 2015 and to date no estate has been filed; that to secure payment of the Note, Richard L. Eliser executed and delivered to Plaintiff an Open-End Mortgage, and thereby conditionally conveyed to Plaintiff the following-described real property:
Situated in the City of Struthers, County of Mahoning State of Ohio, and known as being City Lot Number 5636 as lots are now numbered in said City, as shown by a Plat recorded in Volume 28, Page 299, Mahoning County Records. Said lot fronts 49 feet on the north side of Creed Street, and extends back of even width 150 feet.
PERMANENT PARCEL NO.: 38-007-0-448.000
PRIOR DEED REFERENCE: ORV 5379, Page 89 and ORV 1493, Page 913.
PROPERTY ADDRESS: 185 Creed Street, Struthers, Ohio 44471.
that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on December 20, 2013 at 12:27 P.M. and was recorded in OR Book 6064, Page 2133, Mahoning County Records, a true and correct copy of which is attached to the Complaint as Exhibit "B"; 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; that Defendants Estate of Richard L. Eliser, deceased, Unknown Spouse, if any, of Richard L. Eliser, deceased, Unknown Executor of the Estate of Richard L. Eliser, deceased, Unknown Heirs, Legatees, and Devisees, of Richard L. Eliser, deceased, and current Tenant, if any, of 185 Creed Street, Struthers, Ohio 44471 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 there is due and owing to Plaintiff on the Note the principal sum of $12,850.48, plus interest from February 6, 2015 at the rate of 5.24% per annum, unpaid late charges and any other costs and expenses recoverable under the Note and the Mortgage, and that judgment in foreclosure be entered in favor of Plaintiff in said amount; that Plaintiff be found to have the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes, by virtue of the Note and the Mortgage; that it be found that the conditions of the Mortgage have been broken and that Plaintiff is entitled to have the lien of the Mortgage foreclosed, and the subject premises appraised and sold in this action, and the proceeds applied to the satisfaction of Plaintiff'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.
Defendants Estate of Richard L. Eliser, deceased, Unknown Spouse, if any, of Richard L. Eliser, deceased, Unknown Executor of the Estate of Richard L. Eliser, deceased, and Unknown Heirs, Legatees, and Devisees, of the Estate of Richard L. Eliser, deceased, are further notified that they are required to answer said Complaint with twenty-eight (28) days of the last publication of this notice, said answer day being the 3rd day of February, 2016 and set forth whatever interests they 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,
Attorneys for Plaintiff
Dec 23,30, 2015; Jan 6, 2016 15-01309
