IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO … · 13 hours ago · now deceased, the sum of $21,669.26, together with advances for taxes, insurance and so forth and interest

IN THE COURT OF COMMON PLEASSUMMIT COUNTY, OHIO

FIRST MERIT BANK, N.A. ) Case No. _______________III Cascade Plaza )Akron, Ohio 44308-1103 ) Judge __________________

)Plaintiff )

)Vs. ) COMPLAINT FOR MONEY,

) FORECLOSURE AND OTHERDIANA M. BLAKE ) EQUITABLE RELIEF451 5 Street, N.W. )th

Barberton OH 44203 ))

JOHN DOE, UNKNOWN SPOUSE OF )DIANA M. BLAKE )451 5 Street, N.W. )th

Barberton OH 44203 ))

FREDERICK A. CARDINAL )1463 Glenbreigh Circle )Barberton OH 44203 )

)JANE DOE NO. 1, UNKNOWN SPOUSE OF )FREDERICK A. CARDINAL )1463 Glenbreigh Circle )Barberton OH 44203 )

)DANIEL F. CARDINAL )2834 Burnside )Akron OH 44312 )

)JANE DOE NO. 2, UNKNOWN SPOUSE OF )DANIEL F. CARDINAL )2834 Burnside )Akron OH 44312 )

)FIRST MERIT BANK, N.A., )FKA GREAT NORTHERN SAVINGS CO. )III Cascade Plaza )Akron OH 44308-1103 )

)UNKNOWN TENANTS )1457 Maple Street )Barberton OH 44203 )

)Defendants )

COUNT ONE

CV-2016-03-1330 FORC 03/09/2016 15:08:33 PM O'BRIEN, TAMMY Page 1 of 25

Sandra Kurt, Summit County Clerk of Courts

1. Lois E. Cardinal, now deceased, did execute and deliver to First Merit Bank,

N.A., a Credit Agreement (hereinafter referred to as "Credit Agreement"); a copy of which is

attached hereto and incorporated herein as "Exhibit A".

2. Lois E. Cardinal, now deceased, has failed to pay said Credit Agreement

according to the terms thereof. Plaintiff is the owner of and entity entitled to enforce the Credit

Agreement.

3. Plaintiff has satisfied all conditions precedent and has declared the entire balance

due and payable.

4. There is now due Plaintiff on the said Credit Agreement from Lois E. Cardinal,

now deceased, the sum of $21,669.26, together with advances for taxes, insurance and so forth

and interest at the rate of 3.74 percent per annum from March 9, 2016.

COUNT TWO

5. For Count Two, Plaintiff incorporates herein and makes a part hereof all of the

allegations contained in Count One.

6. Concurrently with the execution of the Credit Agreement and to secure the

payment thereof, Lois E. Cardinal, now deceased, did execute and deliver to First Merit Bank,

N.A., a Mortgage Deed (hereinafter referred to as "Mortgage Deed"), a copy of which is attached

hereto and incorporated herein as "Exhibit B" on the real estate described in "Exhibit B".

7. The Mortgage Deed was filed for record on August 30,2012, and is recorded as

Instrument No. 55886525 of the Summit County, Ohio, Records. Plaintiff is the owner of and

entity entitled to enforce the Mortgage Deed.

8. The Mortgage Deed thereby became and is the first and best lien on the premises

described subject only to the lien of the County Treasurer for real estate taxes and assessments.

9. Plaintiff further says that the Credit Agreement (secured by said mortgage

described herein) is past due and that Lois E. Cardinal, now deceased, is in default thereby and

that by the terms of said Mortgage Deed, the same has become absolute.

10. Plaintiff further says that Defendants Diana M. Blake, John Doe, unknown spouse



of Diana M. Blake, Frederick A. Cardinal, Jane Doe No. 1, unknown spouse of Frederick A.

Cardinal, Daniel F. Cardinal, Jane Doe No. 2, unknown spouse of Daniel F. Cardinal, and

Unknown Tenants may have or claim to have some interest in or upon the premises described

herein.

11. A Fair Debt Collection Practices Act Notice is attached hereto and incorporated

herein as "Exhibit C".

WHEREFORE, Plaintiff prays:

(a) On Count One, for Judgment that there is due it from Lois E. Cardinal, now

deceased, the sum of $21,669.26, together with subsequent advances for taxes, insurance and so

forth and interest at the rate of 3.74 percent per annum from March 9, 2016, and costs;

(b) On its Count Two, that it is found to have the first and best lien on the premises

herein described; that said mortgage and Defendants' equity of redemption be foreclosed; that all

the parties hereto answer as to their interests in the premises described herein or be forever barred

from asserting the same; that all liens be marshaled and their priority determined; that said

premises be sold, and the proceeds of said sale applied according to law; and

(c) For such other relief as is just and equitable.

/s/Phillip D. Schandel__________________Phillip D. Schandel #0000886Phillip D. Schandel, Jr. #0085834Attorneys for Plaintiff709 Courtyard Centre116 Cleveland Avenue, N.W.Canton, Ohio 44702(330)456-1112; fax (330)456-1102

REQUEST FOR SERVICE

Plaintiff requests service by Fed Ex on all Defendants at their addresses listed inthe caption of this Complaint.

/s/Phillip D. Schandel__________________Phillip D. SchandelPhillip D. Schandel, Jr.Attorneys for Plaintiff















































Documents

IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO … · 13 hours ago · now deceased, the sum of $21,669.26, together with advances for taxes, insurance and so forth and interest