Daily Court Reporter - Forclosure Notices

Legal Notices: Forclosure Notices 2011CV01801

  • LEGAL NOTICE In the Montgomery County Court of Common Pleas, Dayton, Ohio. Case No. 2011CV01801 Fifth Third Mortgage Company, Plaintiff vs. Charles E Hardy, Trustee, or the successor Trustee(s) under the Hardy Family Trust, Dated as of November 7, 2006 and any Amendments Thereto, et al. Trustee, or the successor trustee(se) under The Hardy Family Trust, dated as of November 7, 2006 and any amendments thereto, whose last place of residence as well as whose present place of residence is unknown, will take notice that on March 8, 2011, Fifth Third Mortgage Company filed its Complaint in Case No. 2011 CV 01801 in the Court of Common Pleas of Montgomery County, Montgomery Clerks of Courts, Montgomery County Courthouse, 41 N. Perry St., Room 104, Dayton, OH 45422, seeking foreclosure and alleging that the Defendants Trustee, or the successor trustee(s) under the Hardy Family Trust, dated as of November 7, 2006 and any amendments thereto have or claim to have an interest in the real estate described below: Situated in the State of Ohio, County of Montgomery, City of Trotwood and being part of the 0.748 acre tract (by deed) Parcel I conveyed to Patricia J Rust by deed recorded in Microfiche Number 92-506 B02 and all of the 0.890 acre tract conveyed to Helen J Fisher by deed recorded in Microfiche Number 96-264 E 05, both of the deed records of Montgomery County, Ohio and being further bounded and described as follows: Starting for reference at a 1" pinched top iron pipe found at the southeast corner of lot 23 of Biltmore Plat, Section Two, recorded in Plat Book OO, Page 43 of the Plat records of said County, said corner being on the north right of way line of the former Baltimore & Ohio Railroad parcel (now a bikeway) by deed recorded in Microfiche Number 93-118 C02; thence from said Starting Point S. 64 deg. 55' OO" E with the north line of said B & O Railroad a distance of 237.80 feet to a 1/2" iron pipe found at the southeast corner of the 0.98 acre (be deed) tract conveyed to Stephen W Johnson and Elizabeth L Johnson by deed recorded in Microfiche Number 94-586 D05; thence N 06 deg 00'00" W with the east line of said 0.98 acre tract and for the east line of the 1.099 acre (be deed) tract conveyed to Don A Toy and Linda L Toy by deed recorded in Microfiche Number 88-241 06 a distance of 397.89 feet to a P K nail found at the northwest corner of the land (no are given) conveyed to Frances M Schwartz by deed recorded in Microfiche Number 95-293 B09, said nail being the True Point of Beginning for the herein described parcel; thence from said True Point of Beginning N. 06 deg. 00'00" W continuing with the east line of said 1.0999 acre tract a distance of 527.25 feet passing a 5/8" iron pin set for reference at 397.38 feet at the south right of way Wolf Creek Pike (60' right of way and a 5/8" iron pin set for reference at 469.15 feet at the north R/W line) to the northeast corner of said 1.099 acre tract in Wolf Creek; thence S. 73 deg. 12'12" E with Wolf Creek and the north line of said 0.890 acre and said 0.748 acre tracts a distance of 89.17 feet to a new corner on said north line; thence S. 05 deg. 51'19: E with a new division line through said 0.748 acre tract parallel with and 6.50 feet east of the west line of said tract a distance of 502.64 feet (passing a 5/8" iron pin set for reference at 75.87 feet at the north R/W line of Wolf Creek Pike and a 5/8" iron pin set for reference at 145.66 feet at the south R/W) to a 5/8" iron pin set for a new corner on the north line of the land (no area given) conveyed to Frances M Schwartz by deed recorded in Microfiche Number 95-293 B09; thence N. 88 deg. 59'52" W. with the north line of said Schwartz tract a distance of 81.55 feet (passing a 1/2" iron pipe found for reference at 6.55 feet) to the True Point of Beginning, containing 0.965 acres of land, more or less (including 0.074 acres of said Rust tract and 0.891 acres of said Fisher tract). This description prepared by McDougall Associates, Inc based on a survey made by same under the supervision of Kirk P Diehl, P.S. #7032 in September 2001. All iron pins set are 30" X 5/8" capped "McDougall Assoc". Bearings are based on the west line (N 06 deg. 00' 00" W) of Microfiche Number 96-264 E05. *Located in Section 15, Town 4, Range 5 East. Permanent Parcel Number: H33-004-17-0013, H33-004-17-0068 and H33-004-17-0070 Property Address: 6460 Wolf Creek Pike Lot 63, Dayton, OH 45426. The Defendants named above are required to answer on or before the 20th day of June, 2011. Fifth Third Mortgage Company FELTY & LEMBRIGHT, CO., LPA Richard J LaCivita Attorney for Plaintiff-Petitioner 1500 West Third Street, Suite 400 Cleveland, OH 44113 (216) 588-1500 5-9-2011 5-23-2011 3Mon
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