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LEGAL NOTICE

JERRY M. BRYAN

MELODY DUGIC GAZDA

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 John M. Durkin

Case No. 16CV 2327

THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO, SUCCESSOR BY MERGER TO POTTERS BANK

PLAINTIFF,

VS.

ESTATE OF MARY MCCONAHY, DECEASED, ET AL

DEFENDANTS.

The Estate of Mary McConahy, deceased, Unknown Spouse, if any, of Mary McConahy, deceased, Unknown Executor of the Estate of Mary McConahy, deceased, and Unknown Heirs, Devisees and Legatees of the Estate of Mary McConahy, 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 29, 2016 in Case No 16CV 2327, against the Estate of Mary McConahy, deceased, et al., Defendants, alleging that on or about May 24, 2000, Mary McConahy, now deceased, executed and delivered to Potters Bank nka The Home Savings and Loan Company of Youngstown, Ohio ("Plaintiff") an Adjustable Rate Note ("the Note"), a true 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 payment when due, and the amount due to Plaintiff on the Note is the unpaid principal amount of $19,317.14, plus accrued interest from July 1, 2015 in the amount of $2,233.00, unpaid late charges in the amount of $137.15 and interest accruing at the rate of 10.25% per annum from August 17, 2016, plus any other costs and expenses recoverable under the Note and the mortgage; that Mary McConahy died on November 28, 2015, and to date no estate has been filed; that to secure payment of the Note, Mary McConahy now deceased, executed and delivered to Potters Bank an Open-End Mortgage, a true copy of which is attached to the Complaint as Exhibit B, 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 7321, according to a replat of said lot, as recorded in Plat Volume 95, Page 74 of Mahoning County Records, be the same more or less, but subject to all legal highways.

PROPERTY ADDRESS: 37 Poplar Street, Youngstown, Ohio 44507.

PERMANENT PARCEL NO.: 53-087-0-174.01

PRIOR DEED REFERENCE: OR 4653, Page 177 and refiled in OR 4627, Page 323

that the Mortgage was received for record on May 25, 2000 at 1:26 P.M. by the Recorder of Mahoning County, Ohio and was thereafter recorded in Official Records Volume 4627, Page 325, of the Mahoning County Records; that Plaintiff is the owner and holder of the Mortgage and the indebtedness secured thereby: that the Mortgage is the first and best lien against the subject real estate, subject only to unpaid real estate taxes and assessments, if any, now a lien on the real estate: 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 on April 1, 2002 a Certificate of Merger was filed with the Ohio Secretary of State evidencing the merger of Potters Bank into Plaintiff, and a copy of the Certificate of Merger is attached to the Complaint as Exhibit C; that Defendant Mahoning County Treasurer has the first and best lien on the real property for real estate taxes; and the Defendants Estate of Mary McConahy, deceased, Unknown Spouse, if any, of Mary McConahy, deceased, Unknown Executor of the Estate of Mary McConahy, deceased, and Unknown Heirs, Devisees, and Legatees, of the Estate of Mary McConahy, deceased, 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 amount of $19,317.14, plus accrued interest from July 1, 2015 in the amount of $2,233.00, unpaid late charges in the amount of $137.15 and interest accruing at the rate of 10.25% per annum from August 17, 2016, plus any other costs and expenses recoverable under the Note and the Mortgage; foreclosure of the equity of redemption of the Defendants in and to the subject real property; that the Mortgage be declared the first and best lien on the subject real estate, subject only to the lien of the Defendant Mahoning County Treasurer for real estate taxes and asessments which have become a lien; and that all liens on the subject real estate be marshalled, and the subject premises 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 Estate of Mary McConahy, deceased, Unknown Spouse, if any, of Mary McConahy, deceased, Unknown Executor of the Estate of Mary McConay, deceased, and Unknown Heirs, Devisees, and Legatees of the Estate of Mary McConahy, 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 described 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)

MELODY DUGIC GAZDA (0047122)

Attorneys for Plaintiff

Sep 28; Oct 5,12, 2016   16-00998