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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
Judge Lou A. D'Apolito
Case No. 16CV 2057
PLAINTIFF,
VS.
MICHAEL J. SIKORA, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF PATRICIA SIKORA, DECEASED, ET AL
DEFENDANTS.
Unknown Heirs, Devisees, Legatees of Patricia Sikora, deceased, and Unknown Heirs, Devisees and Legatees of John R. Sikora, deceased, whose addresses are 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 August 3, 2016, in Case No 16CV 2057, against Michael J. Sikora, Individually and as Executor of the Estate of Patricia Sikora, deceased, et al, Defendants, alleging that on or about March 19, 2014, John R. Sikora, who is now deceased, executed and delivered to Plaintiff a Home Equity Line of Credit Note ("the Note"), a true and correct copy of which is attached to the Complaint as Exhibit A; that Plaintiff is the holder of the Note, the Note is in default for failure to make payments when due, and the amount due on the Note is the unpaid principal balance of $14,287.77, plus accrued interest from November 20, 2015 in the amount of $396.80, unpaid late charges in the amount of $135.00 and interest accruing at the rate of 3.740% per annum from July 25, 2016, plus any other costs and expenses recoverable under the Note and the mortgage; that John R. Sikora died on January 6, 2015 and an Application to Relieve Estate from Administration was filed on May 12, 2016 in the Mahoning County, Ohio Probate Court, Case No 2016 NA 189, and the estate is closed; that Patricia Sikora died on February 18, 2016 and an Estate was filed in the Mahoning County, Ohio Probate Court, Case No 2016 ES 258, and Michael J. Sikora was appointed as Executor of the Estate of Patricia Sikora, deceased, that to secure payment of the Note, John R. Sikora and Patricia Sikora, who are both now deceased, executed and delivered to Plaintiff an Open-End Mortgage, a true copy of which is attached to the Complaint as Exhibit B, for the following described real property:
Situated in the Township of Poland, County of Mahoning and State of Ohio: and known as being Lot Number Eighty-Five (85) in Greater Youngstown Manor Plat Number Two as recorded in Volume 27 of Plats, Page 72 Mahoning County Records. Said lot has a frontage of Seventy (70) feet on the north line of Manor Avenue and extends back on its east line Two Hundred Eighty (280) feet, and on its west line Two Hundred Eighty (280) feet, having a rear line of Seventy (70) feet, which is also the south line of Smithfield Avenue, as appears by said plat, subject to all legal highways. Be the same more or less, but subject to all legal highways.
PROPERTY ADDRESS: 2424 W. Manor Avenue, Poland, Ohio 44514.
PERMANENT PARCEL NO.: 39-001-0-041.000
PRIOR DEED REFERENCE: Volume 1424, Page 927
that the Mortgage was received for record on March 21, 2014 at 1:50 P.M. in the office of the Recorder of Mahoning County, Ohio and thereafter was recorded in Official Record Volume 6074, Page 2222, of the Mahoning County Records; that Plaintiff is the owner and holder of the Mortgage and the indebtedness secured thereby; that Plaintiff has a good and valid first lien on the subject real estate for the prupose of securing the balance due on the Note, which lien is prior to all other liens against the subject real estate, subject only to the lien of Defendant Mahoning County Treasurer for real estate taxes and assessments; that Plaintiff has incurred and will incur expenses for inspections, insurance, maintenance, taxes and title work, the exact amount of which cannot be determined until a foreclosure sale has been completed and confirmed; that Defendant Mahoning County Treasurer has the first and best lien on the subject real estate for real estate taxes; and that Defendants Michael J. Sikora, Individually and as Executor of the Estate of Patricia Sikora, deceased, Unknown Spouse, if any, of Michael J. Sikora, Douglas Schneider, Unknown Spouse, if any, of Douglas Schneider, Hannah Schneider, Unknown Spouse, if any, of Hannah Schneider, Unknown Heirs, Legatees and Devisees, of Patricia Sikora, deceased, and Unknown Heirs, Legatees, and Devisees of Michael J. Sikora, deceased, may have or claim some interests in the subject real estate, which interests, if any, are inferior to the Mortgage lien of Plaintiff. The Complaint demands that the Defendants named therein be required to appear in this suit and set forth whatever lien, claim or interest they have or claim to have in 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 amount of $14,287.77, plus accured interest from Novemeber 20, 2015 in the amount of $396.80, unpaid late charges in the amount of $135.00, and interest accruing at the rate of 3.740% per annum from July 25, 2016, plus any other costs and expenses recoverable under th Note and the Mortgage; for foreclosure of the equity of redemption of the defendants in and to the subject real estate; that the Mortgage be declared the first lien on the subject real estate, subject only to real estate taxes and assessments which have become a lien, that all liens on the subject real estate be marshalled; and that the real estate be decreed sold according to law, and that the proceeds from such sale be applied in payment of the amounts due Plaintiff by reason of its lien and the priority thereof.
Defendants Unknown Heirs, Devisees and Legatees of Patricia Sikora, deceased, and Unknown Heirs, Devisees and Legatees of John R. Sikora, deceased, are further notified that they are required to answer said Complaint within twenty-eight (28) days of the last publication of this notice and set forth whatever interests they may have in and to the above describe real estate or be forever barred from asserting the same, said answer day being the 9th day of November, 2016.
HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA
BY: JERRY M. BRYAN, (0055266)
Plaintiff's Attorney.
Sep 28; Oct 5,12, 2016 16-00997
