Daily Legal News - Foreclosure Notices
901497—The Woodhawk Club Condominium Owners Association vs. Eric H. Carmen, Individually and as Executor of the Estate of Ruth Carmen, et al.
Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns, if any, of Ruth Carmen aka Ruth M. Carmen aka Ruth Marilyn Carmen, the place of residence of each being unknown, will take notice that on December 10, 2018, the undersigned, The Woodhawk Club Condominium Owners Association, filed its amended complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Ruth Carmen aka Ruth M. Carmen aka Ruth Marilyn Carmen, deceased, owns the condominium unit known as 160 Fox Hollow Drive, #505, Mayfield Heights, OH 44124 and more fully described as follows to wit:
Permanent Parcel No. 863-01-986C
Address: 160 Fox Hollow Drive, #505, Mayfield Heights, OH 44124
A copy of the full legal description may be obtained from the County Auditor's Office, 2079 East Ninth Street, Cleveland, OH 44115. (216) 443-7010.
Pursuant to the authority of Section 5311.18 of the Ohio Revised Code, the Plaintiff filed its Certificate of Lien on the property to secure payment of the maintenance fees, common expenses and assessments; that said lien is a good and valid subsisting lien, second only to real estate taxes and prior recorded liens of first mortgages on the condominium unit, in accordance with Section 5311.18 of the Ohio Revised Code; that there is currently due the Plaintiff from Ruth Carmen aka Ruth M. Carmen aka Ruth Marilyn Carmen, deceased, based upon the above lien and additional unpaid maintenance fees and assessments, the total sum of $6,565.37 plus interest at the rate of ten percent (10%) per annum as provided for in the Amended and Restated Declaration of Condominium Ownership as of July 31, 2018; that Plaintiff is further owed from Ruth Carmen aka Ruth M. Carmen aka Ruth Marilyn Carmen, deceased, maintenance fees and assessments incurred subsequent to the filing of this action in an amount to be later determined.
Plaintiff prays that:
(a) Plaintiff be granted in rem judgment in the sum of $6,565.37 plus interest at the rate of ten percent (10%) per annum upon which execution may issue;
(b) Plaintiff be granted in rem 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) All Defendants be required to answer and set forth any claim that they may have in said premises or be forever barred;
(d) Plaintiff's lien be found to be good and valid lien upon said property;
(e) All liens on said property be marshaled and the premises be ordered appraised, advertised and sold according to law;
(f) Plaintiff recover its costs herein, including the cost incurred for the preliminary judicial report;
(g) Plaintiff recover its attorney fees and court costs of the within action from the proceeds of the sale; or alternatively, that Plaintiff be granted in rem judgment for attorneys' fees and costs, upon which execution may issue; and that
(h) Plaintiff be granted any additional relief to which it may be entitled to at law or in equity, including, but not limited to additional unpaid condominium 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 22nd day of March, 2019.
The Woodhawk Club Condominium Owners Association.
By Darcy Mehling Good and Shannon M. McCormick, Attorneys for Plaintiff.