Login | April 23, 2019

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., LPA

6 Federal Plaza Central, Suite 1300

Youngstown, OH 44503

Telephone: 330-744-1148

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Judge Anthony M. D'Apolito

Case No. 18CV 2952

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

PLAINTIFF,

VS.

ESTATE OF DUANE A. DUCKWORTH, DECEASED, ET AL

DEFENDANTS.

The Estate of Duane A. Duckworth, Deceased, Unknown Heirs, Devisees and Legatees of Duane A. Duckworth, Deceased, Unknown Executor of the Estate of Duane A. Duckworth, Deceased, Estate of Florence V. Duckworth, Deceased, Unknown Heirs, Devisees and Legatees, of Florence V. Duckworth, Deceased, and Unknown Executor of the Estate of Florence V. Duckworth, 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 Common Pleas Court of Mahoning County, Ohio on December 17, 2018, Case No. 18CV 2952, against the Estate of Duane A. Duckworth, Deceased, et al., Defendants, alleging that Plaintiff extended a loan to Duane A. Duckworth and Florence V. Duckworth ("Duckworths"), who are both now deceased, in the principal amount of $75,000.00 pursuant to a Home Equity Line of Credit Agreement in said amount, a copy of which is attached to the Complaint as Exhibit "B"; that Plaintiff is the holder of thereof, and there is owing to Plaintiff on the Note the sum of $73,209.28, plus interest at the rate of 4% per annum from October 31, 2018, plus any other costs and expenses recoverable under the Note and the mortgage; that the Duckworths died and to date no estate has been filed; that to secure payment of the Note Duckworths granted Plaintiff an Open-End Mortgage and thereby conditionally conveyed to Plaintiff the real property known as 104 N. Cadillac Drive, Youngstown, Ohio 44512 (PPNS: 29-064-0-051.000 & 29-064-0-052.000) and described in said Mortgage, a copy of which is attached to the Complaint as Exhibit "C"; that the Mortgage is the first and best lien against the subject real estate, after the lien for real estate taxes; that the Note secured by the Mortgage is in default for lack of payment, the conditions of the Mortgage have been broken, Plaintiff is the holder of the Mortgage, and Plaintiff is entitled to have the Mortgage foreclosed; that the other Defendants 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 in foreclosure be entered in favor of Plaintiff in said amount; and the subject premises be 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 further relief.

Defendants Estate of Duane A. Duckworth, Deceased, Unknown Heirs, Devisees and Legatees of Duane A. Duckworth, Deceased, Unknown Executor of the Estate of Duane A. Duckworth, Deceased, Estate of Florence V. Duckworth, Deceased, Unknown Heirs, Devisees, and Legatees of Florence V. Duckworth, Deceased, and Unknown Executor of the Estate of Florence V. Duckworth, Deceased, are further notified that they are required to answer said Complaint within twenty-eight (28) days of the last publication of this notice, said answer day being the 8th day of March 2019 and set forth whatever interests they may have in and to the above-described real estate or be forever barred from asserting the same.

JERRY M. BRYAN

Attorney for Plaintiff.

Jan 4, 11, 18, 25; Feb 1, 8, 2019

18-01189

 

[Back]