Login | August 21, 2018

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., L.P.A.

6 Federal Plaza Central, Suite 1300

Youngstown, Ohio 44503

Telephone: (330) 744-1148

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Judge R. Scott Krichbaum

Case No. 17CV 2927

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

PLAINTIFF,

VS.

JOSEPH C. MODARELLI, ET AL

DEFENDANTS.

The Unknown Heirs, Legatees, and Devisees of Patricia A. Modarelli, 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 3, 2017 in Case No. 17CV 2927, against Joseph C. Modarelli, et al., Defendants alleging that Home Savings Bank is the successor by merger to The Home Savings and Loan Company of Youngstown, Ohio; that true and correct copies of the Certificates of merger issued by the Ohio Secretary of State are attached to the Compaint as Exhibit "B"; that on or about August 27, 2002, Plaintiff extended a loan to Patricia A. Modarelli and Defendant Joseph C. Modarelli in the original amount of $65,875.00; that pursuant to said loan, Patricia A. Modarelli and Defendant Joseph C. Modarelli executed and delivered to Plaintiff a certain promissory note in the amount of $65,875.00, a true and correct copy of which is attached to the Complaint as Exhabit "A"; that Plaintiff is the holder of the Note, and there is due and owing to Plaintiff on the Note the principal balance of $46,829.67, plus interest from December 31, 2016 at the rate of 6.625% per annum, unpaid late charges, escrow shortages, and any other costs and expenses recoverable under the Note and the mortgage; that to secure payment of the Note, Patricia A. Modarelli and Defendant Joseph C. Modarelli executed and delivered to Plaintiff a Mortgage and thereby conditionallly conveyed to Plaintiff the following-described real property:

Situated in the City of Youngstown, County of Mahoning and State of Ohio: and known as being Youngstown City Lot No. 55787, according to the latest enumeration of lots in said city as shown by the recorded plat of said subdivision in Volume 28 of Maps, Page 141 of Mahoning County Records.

Said Youngstown City Lot No. 55787 has a frontage of 49.95 feet on the easterly side of Stratmore Avenue and extends back between parallel lines 135 feet on the northerly line, 135 feet on the southerly line, and has a rear line of 51.72 feet, as appears by said plat, be the same more or less, but subject to all legal highways.

PERMANENT PARCEL NO.: 53-132-0-037.000

PRIOR DEED REFERENCE: OR Volume 284, Page 126

PROPERTY ADDRESS: 3645 Stratmore Avenue, Youngstown, Ohio 44511.

that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on September 3, 2002 at 11:41 a.m., and was recorded in OR Book 5244, Page 728, Mahoning County Records, a true and correct 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 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, Plaintiff is the holder of the Mortgage, and Plaintiff is entitled to have the Mortgage foreclosed; that the obligation due to Plaintiff on the Note was discharged in the Chapter 7 bankruptcy case of Patricia A. Modarelli and Defendatnt Joseph C. Modarelli filed in the U.S. Bankruptcy Court for the Northern District of Ohio, Case No. 05-41210; that Plainitff claims no right to a deficiency judgment against Defendant Joseph C. Modarelli; that Defendnat Mahoning County Treasurer holds a claim on the subject real estate for real estate taxes; that Plaintiff is the holder of a Certificate of Judgement against Defendant Joseph C. Modarelli filed for record on September 11, 2009 in JD 244, Page 280, Mahoning County Records, in the original amount of $1,320.06, plus interest and costs, as renewed by a Certificate of Judgment filed for record on February 12, 2014 in JD 286, Page 521, Mahoning County Records, true and correct copies of which are attached to the Complaint as Exhibit "D"; and that Defendants Joseph C. Modarelli, Unknown Spouse, if any, of Joseph C. Modarelli, Estate of Patricia A. Modarelli, deceased, Unknown Heirs, Legatees and Devisees of Patricia A. Modarelli, deceased, and Currect Tenant, if any, of 3645 Stratmore Avenue, Youngstown, Ohio 44511 may have or claim to have interest 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 barrred from asserting the same; that the Court find that there is due and owing to Plaintiff on the Note the principal sum of $46,829.67, plus interest from December 31, 2016 at the rate of 6.625% per annum, unpaid late charges, escrow shortages, and any other costs and expenses recoverable under the Note and the Mortgage, and costs of suit, that Plainitff has the first and best lien against the subject real estate, after the lien of Defendant Mahoing County Treasurer for real estate taxes, by virtue of the Mortgage; that Plaintiff has a valid and subsisting lien against the subject real estate, after the lien of the Mortgage, by virtue of the Certificate of Judgment; that the conditions of the Mortgage have been broken and that Plainitff 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 liens in their proper priority; that Plainitff recieve its costs in this action; and the the Court grant such order and further relief as equity and the nature of the case may require.

Defendants Unknown Heirs, Legatees and Devisees of Patricia A. Modarelli, 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 aserting the same, said answer day being the 9th day of March, 2018.

HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA

BY: JERRY M. BRYAN,

  Attorneys for Plaintiff.

Jan 5,12,19,26; Feb 2,9, 2018   17-01321

 

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