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In the Court of Common Pleas Montgomery County

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO The Bank of New York Mellon f/k/a the Bank of New York as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2004-10 Plaintiff -vs- Kelly J. McGillvary, et al. Defendant(s) CASE NO. 2018 CV 04598 JUDGE MARY L. WISEMAN LEGAL NOTICE Kelly J. McGillvary, whose last place of residence is known as 6279 Wellbaum Road, Brookville, OH 45309 but whose present place of residence is unknown and Unknown Spouse, if any, of Kelly J. McGillvary, whose last place of residence is known as 6279 Wellbaum Road, Brookville, OH 45309 but whose present place of residence is unknown, will take notice that on October 5, 2018, The Bank of New York Mellon, f/k/a, the Bank of New York as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2004-10, filed its Complaint in Foreclosure in Case No. 2018 CV 04598 in the Court of Common Pleas Montgomery County, Ohio alleging that the Defendants, Kelly J. McGillvary and Unknown Spouse, if any, of Kelly J. McGillvary, has or claims to have an interest in the real estate located at 6279 Wellbaum Road, Brookville, OH 45309, PPN #C04 00611 0014. A complete legal description may be obtained with the Montgomery County Auditor's Office located at 451 W. Third Street, PO Box 972, Dayton, OH 45422. The Petitioner further alleges that by reason of default of the Defendant(s) in the payment of a promissory note, according to its tenor, the conditions of a concurrent mortgage deed given to secure the payment of said note and conveying the premises described, have been broken, and the same has become absolute. The Petitioner prays that the Defendant(s) named above be required to answer and set up their interest in said real estate or be forever barred from asserting the same, for foreclosure of said mortgage, the marshalling of any liens, and the sale of said real estate, and the proceeds of said sale applied to the payment of Petitioner's claim in the property order of its priority, and for such other and further relief as is just and equitable. THE DEFENDANT(S) NAMED ABOVE ARE REQUIRED TO ANSWER ON OR BEFORE THE 25TH DAY OF JANUARY, 2019 BY: CLUNK, HOOSE CO., LPA By: Ethan J. Clunk #0095546 Attorneys for Plaintiff 4500 Courthouse Blvd. Suite 400 Stow, OH 44224 (330) 436-0300 12-14, 12-21, 12-28/2018
December 14, 2018
January 25, 2019
January 25, 2019 8:10pm