Place an ad
WARNING: This ad has expired and is no longer valid as of April 8, 2020

ATTN: Matthew I. McKelvey Dinsmore & Shohl, LLP

Attn: Matthew I. McKelvey Dinsmore & Shohl, LLP 255 East Fifth Street, Suite 1900 Cincinnati, Ohio 45202 Phone: (513) 977-8200 Fax: (513) 977-8141 matt.mckelvey@dinsmore.com Re: Service by Publication EXHIBIT "A" Notice of Suit for foreclosure in the Montgomery County Court of Common Pleas, Dayton, Ohio. Case No. 2020 CV 00660, Wright-Patt Credit Union, Inc. vs. The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Charles L. Smith, et al. Defendants, The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Charles L. Smith and The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Phyllis A. Smith, whose places of residence are unknown and whom cannot be served within the State of Ohio, will take notice that on February 5, 2020, Wright-Patt Credit Union, Inc. filed a Complaint as Plaintiff in the Court of Common Pleas of Montgomery County, Ohio, in Case No. 2020 CV 00660 against the above named Defendants alleging that Charles L. Smith and Phyllis A. Smith defaulted on a promissory note held by Plaintiff and broke the covenants of the mortgage held by Plaintiff and Plaintiff seeks to foreclose that mortgage. The mortgage Plaintiff seeks to foreclose, secures the real property located at 72 McReynolds Drive, Dayton, OH 45403. The real property is more specifically described as follows: PARCEL NUMBER R72-02101-0023 & R72-02101-0024 LEGAL DESCRIPTION: Parcel 1: Situated in the City of Dayton, County of Montgomery and State of Ohio, to-wit: Being part of lot numbered SEVEN THOUSAND NINE HUNDRED THIRTEEN (7913) of the revised and consecutive numbers of lots on the revised plat of said City of Dayton, Ohio, said part being bounded and described as follows: Beginning at the point in the east line of McReynolds Street, said point being the Northwest corner of lot numbered SEVEN THOUSAND NINE HUNDRED THIRTEEN (7913): thence Eastwardly with the North line of said lot 107.3 feet to a point: thence Southwardly on a line parallel to and 30 feet westwardly from the West line of a 16 foot alley 32 feet to a point: thence Westwardly 99.1 feet to a point in the east line of McReynolds Street: thence Northwardly with said East line of McReynolds Street 26.5 feet to the place of beginning. (Parcel No. R72-02101-0023) Parcel 2: Situated in the City of Dayton, County of Montgomery and State of Ohio, to-wit: Being part of lot numbered SEVEN THOUSAND NINE HUNDRED THIRTEEN (7913) of the revised and consecutive numbers of lots on the revised plat of said City of Dayton, Ohio, said part being bounded and described as follows: Beginning at the intersection of the North line of McLain Street and the East line of McReynolds Street, said point being the Southwest line of lot Number 7913; thence Northwardly with the East line of McReynolds Street, 21.5 feet to a point; thence Eastwardly 99.1 feet to a point; thence Southwardly on a line parallel to and 30 feet Westwardly from the West line of a 16 foot alley, 29.3 feet to a point in the North line of McLain Street; thence Westwardly with said North line of McLain Street 93.0 feet to the place of beginning. The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Charles L. Smith and The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Phyllis A. Smith may have or may claim to have an interest in the above referenced property. Plaintiff seeks a finding from the Court of default relating to the promissory note held by Plaintiff; a finding that Plaintiff's mortgage is a valid and subsisting first lien on the above described real property, subject only to any lien that may be held by the Montgomery County Treasurer; an order (1) foreclosing the equity of redemption and dower of all defendants named in this action, (2) requiring that the above described real property be sold free and clear of all liens, interests, and dower, (3) requiring all defendants to set up their liens or interest in the above described real property or be forever barred from asserting such liens or interest, (4) requiring that the proceeds of the sale of the above described real property be applied to pay all amounts due Plaintiff under Plaintiff's promissory note, and (5) granting Plaintiff all other relief, legal and equitable, as may be proper and necessary, including a writ of possession. Defendants The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Charles L. Smith and The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns of Phyllis A. Smith are further notified that they are required to answer said Complaint on or before 28 days after the last week that the publication has run for three successive weeks, which dates are February 26, March 4, March 11, 2020, or judgment may be rendered as prayed for therein. By: Matthew I. McKelvey (0074762), 255 East Fifth Street, Suite 1900, Cincinnati, Ohio 45202, Attorney for Plaintiff. 2-26, 3-4, 3-11/2020
February 26, 2020
April 8, 2020
April 8, 2020 8:05pm