Daily Legal News - Foreclosure Notices
746260—Sunrise Cove Condominium No. 5 Association, Inc. vs. Estate of Patricia Walker, et al.
Unknown Heirs, Administrators, Executors, Creditor and Assigns of the Estate of Patricia Walker, the place of residence of each being unknown, will take notice that on January 19, 2011, the undersigned, Sunrise Cove Condominium No. 5 Association, Inc., filed its complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that pursuant to the Declaration of Condominium Ownership for Sunrise Cove Condominium, the Bylaws and the amendments thereto filed for record with the Cuyahoga County Recorder, Sunrise Cove is authorized to collect and receive monthly assessments and special assessments from each and every unit owner; that Patricia Walker is the titled owner of Sunrise Cove Condominium Unit known as 9851 Sunrise Blvd., #P1, North Royalton, Ohio 44133.
Permanent Parcel No. 481-29-743
Address: 9851 Sunrise Boulevard #P1, North Royalton, OH 44133
A copy of the full legal description may be obtained from the County Auditor's Office, 1219 Ontario Street, Cleveland, OH 44113. (216) 443-7010.
Pursuant to the authority of Section 5311 of Ohio Revised Code and Sunrise Cove Condominium Association Inc.'s Declaration and Bylaws, the Plaintiff, through its President, filed a Certificate of Lien in the amount of $1,131.50 on the property with the Cuyahoga County Recorder at Instrument Number 201006230465 on June 23, 2010, to secure payment of the maintenance fees, common expenses as assessed, plus interest and unpaid assessments accruing until the lien is satisfied; that said lien is a good and valid subsisting lien on the Condominium Unit; that there is currently due the Plaintiff from Estate of Patricia Walker, based upon the above-mentioned lien and additional unpaid maintenance fees and assessments, the total sum of $3,678.00; that Plaintiff is further owed from the Defendant, Estate of Patricia Walker, maintenance fees and assessments incurred subsequent to the filing of the above-referenced Certifica of Lien in an amount to be later determined; that as of January 6, 2011, the total amount due and owing the Association is $3,678.00, accruing monthly with maintenance fees $91.25 per month, reserve fees $54.07 per month, late fees $37.50 additional amounts each month for the utility bills depending upon usage, and assessments as well as the costs of this action, including but not limited to the filing fees, attorney's fees and cost of the Judicial Title Reports.
Plaintiff prays that:
(a) That it be granted judgment against Defendant, The Estate of Patricia Walker, in the sum of $3,678.00, for the lien it holds, upon which execution may issue:
(b) That it be granted judgment for maintenance fees and assessments incurred subsequent to the filing of this action in an amount to be determined, plus interest and costs;
(c) That it be granted judgment against Defendant, The Estate of Patricia Walker, in the sum of $3,678.00, for the lien it holds, upon which execution may issue:
(d) That the Defendants be required to answer and set forth any claim they may have in said premises or be forever barred;
(e) That Plaintiff's lien be found to be good and valid lien upon said property;
(f) That all liens on said property be marshaled and the premises be ordered appraised, advertised and sold at Sheriff's Sale according to law;
(g) That Plaintiff recover its costs herein including, the cost incurred for the Judicial Title Reports;
(h) That Plaintiff recovers attorneys fees and court costs of the within action for the proceeds of the sale; or alternatively, that Plaintiff be granted judgment for attorneys fees and costs, upon which execution may issue; and
(i) That Plaintiff be granted any additional relief to which it may be entitled to by law or in equity including but not limited to additional maintenance fees and special assessments incurred subsequent to the filing of the within action.
The defendants named above are required to answer on or before the 8th day of April, 2011.
SUNRISE COVE CONDOMINIUM NO. 5 ASSOCIATION, INC.
By Steven M. Ott, Kimberly M. Sutter and Justin M. Ritch, Attorneys for Plaintiff.