Last updated: 7/6/2020
Complaint To Sell Real Estate To Pay Debts {CV-25}
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Description
<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.PROBATE COURT OF SUMMIT COUNTY, OHIOCalendar No.CASE NO. Name and complete addressJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)of the Estate of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .deceased,PlaintiffV.COMPLAINT TO SELL REAL ESTATE TO PAY DEBTS (R.C. 2127.02) Names and Complete AddressesTHE PEOPLE OF THE STATE OF NEW YORK TOGREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forDefendant(s)Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:Form CV.25 (Page 1 of 4)American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.The plaintiff is the duly appointed, qualified andCalendar No., deceased, having beenacting fiduciary of the estate ofon, 20,duly appointed as such by JudgeJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s).in Case No.As nearascanbeascertained,theamountof the.valid debts against said estate is $is due toAn allowance of $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the surviving spouse or minor children of said decedent for support.THE PEOPLE OF THE STATE OF NEW YORK TOThecostsofadministeringtheestatewillbeabout $.Thetotalvalueofthepersonalpropertyofthesaiddecedent was fixed by the appraiser of said estate at $, said appraisementGREETINGS:not havingbeen excepted to, and said personal propertyis wholly insufficient to paythe debts, allowance and costs aforesaid.WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofSaid decedent died seized ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roominterest in the following described real estate situated in the ofCounty of, State of Ohio, anddescribed as follows:Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Said real estate was included in the inventory of.the estate, pursuant to the order of this Court, and appraised at $Mobile Tel. No.:Form CV.25 (Page 2 of 4)American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Said real estate is encumbered as follows:Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)The defendant is the surviving spouse of said decedent. The defendants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .are all the heirs, devisees or persons entitled to the next estate of inheritance from the decedent in such real estate and having an interest therein.THE PEOPLE OF THE STATE OF NEW YORK TOThe defendantsGREETINGS:are lienholders whose claims affect such real estate or a part thereof.WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofThe defendantso'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomare all of the other persons holding any right, title or interest in or to such real estate or any part thereof, who are necessary parties to this action.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.The defendant, one of the Justices of theanddeadbetobelievedisCourt in Witness, Honorableday of, 20 County,.Plaintiff therefore alleges that died leaving possible heirs, devisees, legatees, executors and administrators whose namesandwhereaboutsareunknownandwhoaremadepartiesdefendantheretowithoutnamingthem. Wherefore, plaintiff prays that he/she be authorized and ordered to sell the(Attorney must sign above and type name below)Attorney(s) forinterest in said real estate according to the statutes in such case made and provided, that he/she be authorized to employ and pay a real estate broker if needed in the sale of the real estate, and for such other and further relief as plaintiff may be entitled in the premises.Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Attorney for PlaintiffMobile Tel. No.:Form CV.25 (Page 3 of 4)American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.WAIVER OF SUMMONSCalendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)We, the undersigned, parties defendant to the within Complaint, waive the issuing and service of summons, and voluntarily enter our appearance as such defendants. Printed NameSignatureDatePrinted NameSignatureDate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Printed NameSignatureDateTHE PEOPLE OF THE STATE OF NEW YORK TOPrinted NameSignatureDatePrinted NameSignatureDateGREETINGS:INSTRUCTIONS