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F10-03248 PLM/jbk November 16, 2010
CLERK OF COURTS:
MAHONING COUNTY, OHIO
IN THE COURT OF COMMON PLEAS JAN 07 2011
MAHONING COUNTY, OHIO
American General Financial CASE NO. 2010CV03535
Services, Inc.
JUDGE John M. Durkin
Plaintiff
-vs- JUDGMENT ENTRY
Donanna Sudimak, et al.
Defendants
THIS CAUSE was submitted to the Court and heard upon the
Complaint for Foreclosure of the Plaintiff, and the pleadings.
The Court finds that all necessary parties have been served
with summons according to laws and are properly before the
Court; that the Defendants, Donanna Sudimak and John Doe,
Unknown Spouse, if any, of Donanna Sudimak, are in default of
Answer or other pleading and thereby confess the allegations of
the Complaint to be true, and said Defendants are forever barred
2010 CV
03535
from asserting any right, title or interest in and to the
hereinafter described premises.
The Court finds that there is due the Treasurer of Mahoning
County, Ohio, taxes, accrued taxes, assessments and penalties on
the premises hereinafter described, as shown on the County
Treasurer’s tax duplicate, the exact amount being
pase S
000530
7
00052106713
JUDENTunascertainable at the present time, but which amount will be
ascertainable in accordance with Ohio Revised Code Section
323.47; which are a valid and subsisting first lien thereon for
that amount so owing.
The Court finds on the evidence adduced that there is due
the Plaintiff on the promissory note set forth in the First
Count of the Complaint, the sum of $70,744.36, plus interest
thereon at the rate of 10.23% per annum from August 13, 2009,
for which sum, judgment is hereby rendered in favor of the
Plaintiff against the Defendant, Donanna Sudimak.
The Court further finds that in order to secure the payment
of the promissory note aforesaid, the Defendant, Donanna
Sudimak, Unmarried, executed and delivered to American General
Financial Services, Inc. their certain mortgage deed as in the
Second Count of said Complaint described, thereby conveying to
it the following described premises:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”.
Said premises also known as
127 South Main Street, Youngstown, Ohio
PP# 480110412000 and #480110413000
That said mortgage was duly filed with the Recorder of
Mahoning County on February 27, 2009, and was by him thereafter
recorded in Official Record 5793, Page 1482 of the Mortgage
Records of said County, and thereby became and is a valid first
000531mértgage lien upon said premises, subject only to the lien of
the Treasurer for taxes; that said conditions in the mortgage
deed have been broken, and the same has become absolute and the
Plaintiff is entitled to have the equity of redemption and dower
of the Defendants, Donanna Sudimak and John Doe, Unknown Spouse,
if any, of Donanna Sudimak, in and to the said premises
foreclosed.
Plaintiff has and will from time to time advance sums for
taxes, insurance and property protection. The Plaintiff has the
first and best lien for these amounts in addition to the amount
set forth above. The Court makes no finding as to the amounts
of the advances and continues same until the confirmation of
sale.
It is therefore ORDERED, ADJUDGED, AND DECREED that unless
the sums hereinabove found due, together with the costs of this
action, be fully paid within three (3) days from the date of the
entry of this decree, that equity of redemption and dower of the
Defendants, Donanna Sudimak and John Doe, Unknown Spouse, if
any, of Donanna Sudimak, in and to said premises shall be
foreclosed, and said premises sold, and that the Plaintiff may
issue an order of sale directed to the Sheriff of Mahoning
County, directing him to appraise, advertise in a paper of
general circulation within the County, and sell said premises as
* 900532upon execution and according to law, free and clear of the
interest of all parties to this action.
RECORD IS HEREBY ORDERED.
Cv ik:
John M. Durkin, JUDGE
APPROVED BY:
REIMER, ARNOVITZ, CHERNEK |/
& JEFFREY CO., L.P.A
By: Peter L. Mehler (# 0075283)
Attorney for Plaintiff
P.O. Box 968
Twinsburg, Ohio 44087
(330) 425-4201
Fax (330) 487-0923
4
000533P10-3967/ F10-03248
LEGAL DESCRIPTION
Situated in the Township of Austintown, County of Mahoning and State of Ohio:
And known as being Lot Number Three Hundred Forty-Nine (349) and the Northerly 20
feet of Lot Number Three Hundred Forty-Eight (348) in Wickliffe Parkgate Subdivision, as
recorded in Vol. 19 of Plats, Page 57, Mahoning County Records.
Said Lots have a combined frontage of Sixty (60) Feet on the West Line of South Main
Street and extends back on their North line One Hundred Forty (140) Feet, and on their
South line One Hundred Forty (140) Feet, and on their South Line One Hundred Forty
(140) Feet, having a combined rear line of Sixty (60) Feet, as appears by said plat.
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