Daily Court Reporter - Forclosure Notices

Legal Notices: Forclosure Notices 2019CV01357

  • LEGAL NOTICE FOR SERVICE BY PUBLICATION IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO Case No. 2019CV01357 McCormick 101, LLC., Plaintiff vs. Kenneth W. Smiley, Jr., aka Kenneth Smiley dba Ken’s Kars, et al., Defendant(s) Judge: E. Gerald Parker The Court finds that the service of summons cannot be made other than by publication on Defendant: The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1995, Series 1995-B, whose last known place of business is unknown. Defendant will take notice that on March 28, 2019, Plaintiff filed a Complaint for Foreclosure of Commercial Mortgage in the Montgomery County Court of Common Pleas, being 2019CV01357 alleging that there is due to Plaintiff the sum of $1,020,205.06 together with additional default interest of 12.5% per annum ($347.5670 per day) from and after March 15, 2019, plus court costs, advances, and other expenses as applicable to the terms of the Promissory Note secured by mortgages on the following real properties: 800 North Main Street, Dayton, OH 45405, Tax Parcel Nos. R72 05901 0001, R72 05901 0002, R72 05901 0003, R72 05901 0004, and R72 05901 0007 North Main Street, Dayton, OH 45405, Tax Parcel Nos. R72 05902 0004, R72 05902 0005, and R72 05902 0006 840 North Main Street, Dayton, OH 45405 and 14 Hershey Street, Dayton, OH 45405, Tax Parcel Nos. R72 06001 0035, R72 06001 0029 16 Lawn Street, Dayton, OH 45405, Tax Parcel No. R72 05901 0008 20-22 Lawn Street, Dayton, OH 45405, Tax Parcel No. R72 05901 0009 26-28 Lawn Street, Dayton, OH 45405, Tax Parcel No. R72 05901 0010 18 Hershey Street, Dayton, OH 45405, Tax Parcel No. R72 06001 0036 22 Hershey Street, Dayton, OH 45405, Tax Parcel No. R72 06001 0037 Hershey Street, Dayton, OH 45405, Tax Parcel No. R72 060010038 319 Linwood Street, Dayton, OH 45405, Tax Parcel No. R72 05905 0060 30-32 Lawn Street, Dayton, OH 45405, Tax Parcel No. R72 05901 0011 27 Lawn Street, Dayton, OH 45405, Tax Parcel No. R72 06001 0049 777 Antioch School Road, Vandalia, OH 45377, Tax Parcel No. A01001020030 33 Lawn Street, Dayton, OH 45405, Tax Parcel No. R72 06001 0050 Plaintiff further alleges that by reason of a default in payment of said Promissory Note, the conditions of said mortgages have been broken and the same has become absolute. Plaintiff prays that the Defendant named above be required to answer and assert any interest in said property or be forever barred from asserting any interest therein, for foreclosure of said mortgage, marshalling of liens, and the sale of said real property, and the proceeds of said sale be applied according to law. Said Defendant(s) are required to file an Answer within twenty-eight (28) days after last publication which shall be published once a week for three (3) consecutive weeks, or they might be denied a hearing in this case. Submitted by: Jeanna Weaver, Attorney Plunkett Cooney 300 East Broad St., Ste 590 Columbus, OH 43215 614-629-3007 06-21, 06-28, 07-05-2019 3Fri ____________________________________
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