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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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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 Maureen A. Sweeney

Case No. 19CV 1355

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

PLAINTIFF,

VS.

FRANK M. FOSSACECA, ET AL

DEFENDANTS.

Unknown Executor or Administrator of the Estate of Janice L. Fossaceca, Deceased and Unknown Heirs, Devisees, Legatees, of the Estate of Janice L. Fossaceca, Deceased, whose addresses are unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed an Amended Complaint in Mortgage Foreclosure in the Common Pleas Court of Mahoning County, Ohio on July 30, 2019, Case No. 19CV 1355, against Frank M. Fossaceca, et al., Defendants, alleging that Plaintiff extended a loan to Frank M. Fossaceca in the principal amount of $22,800.00 pursuant to a Note 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 $11,653.99, plus interest at the rate of 8.25% per annum from December 1, 2018, unpaid late charges, plus any other costs and expenses recoverable under the Note and the mortgage; that Janice L. Fossaceca died and to date no estate has been filed; that to secure payment of the Note Frank M. Fossaceca and Janice L. Fossaceca granted Plaintiff a Mortgage and thereby conditionally conveyed to Plaintiff the real property known as 99 Lowellville Road, Struthers, Ohio 44471, PPN: 38-008-0-058.000 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 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 Unknown Executor or Administrator of the Estate of Janice L. Fossaceca, Deceased and Unknown heirs, Devisees, and Legatees of the Estate of Janice L. Fossaceca, Deceased, are further notified that they are required to answer siad 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 esate or be forever barred from asserting the same, said answer day being the 16th day of October, 2019.

JERRY M. BRYAN

Attorney for Plaintiff.

Aug 14, 21, 28; Sep 4, 11, 18, 2019

19-00554

 

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