Daily Legal News - Common Pleas Notices

  • LEGAL NOTICE

    912470—Kirk Hafner vs. John Doe, Real Names Unknown, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Anna Pastorek, Deceased, et al.

    Antoinette Buerkert and John Buerkert, whose last known place of residence is 212 Pilgrim Pointe Dr., Lexington, SC 29072, otherwise whose place of residence is unknown; John Doe, Real Name Unknown, the Unknown Spouse if any of Miriam Weis, whose last known place of residence is 601 Seafarer Circle At 401, Jupiter, FL 33477, otherwise whose place of residence is unknown; John Doe and/or Jane Doe, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Anna Pastorek, whose last known place of residence and present place of residence are unknown; John Doe and/or Jane Doe, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Kenneth Pastorek, whose last known place of residence and present place of residence are unknown; John Doe and/or Jane Doe, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Joseph Pastorek, whose last known place of residence and present place of residence are unknown; John Doe and/or Jane Doe, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of August Pastorek, whose last known place of residence and present place of residence are unknown; John Doe Real Name Unknown, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Leonard Pastorek, whose last known place of residence and present place of residence are unknown, will take notice that on March 14, 2019, the undersigned, Kirk Hafner, filed his complaint to Quiet Title in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that The Plaintiff Kirk Hafner holds title to the property commonly known as 3543 W. 123rd Street, Cleveland, Ohio Permanent Parcel No. 018-02-125 and more fully described as follows:

    Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being Sublot No. 481 in The Crawford Land Company's Subdivision No. 1 of part of Original Rockport Township, Section No. 11, as shown by the recorded plat in Volume 60 of Maps, Page 8 of Cuyahoga County Records, as appears by said plat, be the same more or less.

    The Plaintiff holds title to the property free and clear of any interest of all Defendants.

    The legal description in the deed in the chain of title to the Property from Anna Pastorek to Mary Ann Pack and Irene Catherine Shorts, due to a scrivener's error and mutual mistake of the parties, sets forth a half interest in the property being transferred.

    All parties to the deed intended the legal description in the deed to set forth the whole interest in the Property.

    Anna Pastorek intended to transfer a whole interest in the Property.

    Mary Ann Pack and Irene Catherine Shorts intended on receiving the whole interest in the Property.

    The deed should be reformed so that the legal description sets forth the whole interest in the property so as to conform to the intentions of both the Grantor and Grantees.

    The facts of this case merit that the Court declare that the Plaintiff Kirk Hafner holds title to the whole interest in the subject 3534 W. 123rd Street, Cleveland, Ohio free and clear of all Defendants.

    Wherefore, Plaintiff Kirk Hafner requests judgment as follows:

    1. That title to the subject 3534 W. 123rd Street, Cleveland, Ohio property more fully described in paragraph 1 of the Complaint be quieted in the name of the Plaintiff free and clear of any interest of all Defendants.

    2. That the Defendants, the Unknown Heirs of Anna Pastorek, Christine Pastorek, Emile Firpo, Antoinette Buerkert, John Buerkert, Miriam Weis, the Unknown Spouse of Miriam Weis, the Unknown Heirs of Kenneth Pastorek, the Unknown Heirs of Joseph Pastorek, the Unknown Heirs of August Pastorek and the Unknown Heirs of Leonard Pastorek have no interest in the 3534 W. 123rd Street, Cleveland, Ohio property.

    3. For declaratory judgment that the Plaintiff holds title to the subject 3534 W. 123rd Street, Cleveland, Ohio property free and clear of any interest of all Defendants.

    4. For any additional relief to which the Plaintiff is entitled.

    The defendants named above are required to answer on or before the 19th day of July, 2019.

    KIRK HAFNER.

    By Bradley P. Toman, Attorney for Plaintiff.

    May17-24-31Jun7-14-21, 2019

About your information and the public record.

Property Details (from Cuyahoga County Auditors Office)

Owner
 
Class
Road Type
PV 
Water
MUN 
Gas
Sewer
SNS 
Electricity
Acreage
0.09600 
Land Use
PRIMARY 
Legal Depth
105.00 
Legal Frontage
40.00 
Average Depth
105 
Lot Square Ft.
4200 
Lot Shape
RT 
Topography
LV