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IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
DELAWARE COUNTY TREASURER
CASE NUMBER
Plaintiff,
vs.
JUDGE
LEONARD J. AUSTIN (DECEASED), et al.
PIN NO. 600-426-16-006-000
Defendants.
NOTICE OF FILING OF PRELIMINARY JUDICIAL REPORT
Now comes the Plaintiff, Delaware County Treasurer, by and through counsel, the
Delaware County Prosecuting Attorney, and hereby gives notice of filing of the Preliminary
Judicial Report (Exhibit A).
Respectfully Submitted,
MELISSA A. SCHIFFEL (0082154)
Delaware County Prosecuting Attorney
/s/ Christopher D. Betts
Christopher D. Betts (0068030)
Assistant Delaware County Prosecuting Attorney
Delaware County Prosecuting Attorney’s Office
145 N. Union St., 3 Floor
P.O. Box 8006
Delaware, Ohio 43015
Telephone: (740) 833-2690
Facsimile: (740) 833-2688
Email: cbetts@co.delaware.oh.us
CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON PLEAS COURT
23 CV E 01 0056 - SCHUCK, JAMES P.
FILED: 01/31/2023 03:36 PMCERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was submitted
electronically to the Court and will be served to all parties via email, if provided, or by ordinary
U.S. mail on this 31% day of January, 2023.
Phyllis Gambol
4045 Ridgewood Drive
Hilliard, Ohio 43026
Thomas Arthur Alban
433 North Powell Avenue
Columbus, Ohio 43204
Cary Alban
433 North Powell Avenue
Columbus, Ohio 43204
Glenna Alban
1953 Suffolk Road
Columbus, Ohio 43221
/s/ Christopher D, Betts
Christopher D. Betts (0068030)EXHIBIT
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* * PRELIMINARY JUDICIAL REPORT
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File No.: 81984-FCL-OH PJR No.: 81983-FCL-OH
Guaranteed Party Name and Address:
To: Delaware County Treasurer
145 N Union Street
Delaware, OH 43015
Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report") for use in judicial
proceedings, Old Republic National Title Insurance Company (hereinafter "the Company") hereby guarantees in
an amount not to exceed $0.00 that it has examined the public records in Delaware County, Ohio as to the land
described in Schedule A, that the record title to the Jand is at the date hereof vested in Leonard J. Austin by
instrument recorded in a deed from Harry F. Waldo and Faye M. Waldo to Leonard J. Austin, dated 5/14/46, and
filed 3/1/48, in OR 223, Pg 207, and free from all encumbrances, liens or defects of record, except as shown in
Schedule B.
This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the
purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in
Schedule B and the Conditions and Stipulations contained herein.
This Report shall not be valid or binding until it has been signed by either an authorized agent or representative of
the Company and Schedules A and B have been attached hereto.
Effective Date: November 4, 2022 at 07:00 AM ‘OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
Issued By: (612) 71-0118
Bridge Title & Escrow Services, LLC
Star Slo>— 0 O Dd 7Ladtuny Presiden
By:
Authorized Officer or Agent
Attest pu tJ Secretary
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Preliminary Judicial Report File No,: 81984-FCL-OHFile No.: 81984-FCL-OH PJR No.: 81983-FCL-OH
PRELIMINARY JUDICIAL REPORT
SCHEDULE A
Description of Land
Situated in the County of Delaware, in the State of Ohio, and in the Township of Concord and bounded and
described as follows:
Being Lot Number 2932 of the Shaw-Nee Hills Addition Number Three, located in Concord Township, Delaware
County, Ohio, as the same is numbered and delineated on the Plat thereof, on file in the office of the Recorder of
Delaware County, Ohio, Plat Book 4, page 76.
Parcel Number: 600-426-16-006-000
Property Address: 0 East Pawnee Drive, Powell, OH 43065
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Preliminary Judicial Report File No 81984-FCL-OH
Schedule AFile No.: 81984-FCL-OH PJR No.: 81983-FCL-OH
PRELIMINARY JUDICIAL REPORT
SCHEDULE B
The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no
liability arising therefrom.
1. “NOTE** NO OPEN MORTGAGES FOUND OF RECORD
2. Taxes, as to parcel number 600-426-16-006-000, for the first half of 2021 in the amount of $27.53 are
unpaid and delinquent. Taxes for the second half of 2021, in the amount of $27.53 are unpaid and
delinquent. Total amount due is $2,251.15 plus applicable interest and penalties. Taxes for the year 2022
are undetermined, not yet due and a lien on the premises.
3. Restrictions, filed for record in Deed Book 171, Page 606, Recorder's Office, Delaware County, Ohio.
4, Any easements or servitudes appearing on public records.
5. Any facts, rights, interests, or claims that are not shown in the public records but that could be
ascertained by an inspection of the land or by making inquiry of persons in possession of the land.
6. Any encroachment, encumbrance, violation, or adverse circumstance affecting the title including
discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by
an accurate and complete land survey of the land, and not shown in the public records.
7. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by
law and not shown in the public records,
8. Rights of parties in possession of all or any part of the premises, including, but not limited to, easements,
claims of easements or encumbrances that are not shown in the public records.
9. The lien of real estate taxes or assessments imposed on the title by a governmental authority that are not
shown as existing liens in the records of any taxing authority that levies taxes or assessments on real
property or in the public records.
10. Subject to any oil and/or gas lease, pipeline agreement, or other instrument related to the production or
sale of oil or natural gas which may arise subsequent to the Date of Policy.
41. Oil, gas, coal and other mineral interests together with the rights appurtenant thereto whether crested by
deed, lease, grant, reservation, severance, sufferance or exception.
12. Rights or claims of easements not recorded in the public records.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Preliminary Judicial Report File No.: 81984-FCL-OH
Schedule BFile No.: 81984-FCL-OH
PJR No.: 81983-FCL-OH
CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1. Definition of Terms
“Guaranteed Party": The party or parties named herein or the
purchaser at judicial sale.
"Guaranteed Claimant": Guaranteed Party claiming loss or
damage hereunder,
"Land": The land described specifically or by reference in
Schedule A, and improvements affixed thereto, which by law
constitute real property; provided however the term "land" does
not include any property beyond the lines of the area specifically
described or referred to in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues, lanes,
ways or waterways.
"Public Records": Those records under state statute and, if a
United States District Court resides in the county in which the
Land is situated, the records of the clerk of the United States
District Court, which impart constructive notice of matters relating
to real property to purchasers for value without knowledge and
which are required to be maintained in certain public offices in the
county in which the land is situated.
2. Determination of Liability
This Report together with any Final Judicial Report or any
Supplement or Endorsement thereof, issued by the Company is
the entire contract between the Guaranteed Party and the
Company.
Any claim of monetary loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest guaranteed hereby or any action asserting such
claim, shall be restricted to this Report.
3. Liability of Company
This Report is a guarantee of the record title of the Land only, as
disclosed by an examination of the Public Records herein defined.
4, Notice of Claim to be given to Guaranteed Claimant
In case knowledge shall come to the Guaranteed Party of any
lien, encumbrance, defect, or other claim of title guaranteed
against and not excepted in this Report, whether in a legal
proceeding or otherwise, the Guaranteed Party shall notify the
Company within a reasonable time in writing and secure to the
Company the right to oppose such proceeding or claim, or to
remove said lien, encumbrance or defect at its own cost. Any
action for the payment of any loss under this Report must be
commenced within one year after the Guaranteed Party receives
actual notice that they may be required to pay money or other
compensation for a matter covered by this Report or actual notice
someone claims an interest in the Land covered by this Report.
5. Extent of Liability
The liability of the Company shall in no case exceed in all the
amount stated herein and shall in all cases be limited to the actual
loss, including but not limited to attorneys’ fees and costs of
defense, only of the Guaranteed Party. Any and all payments
under this Report shall reduce the amount of this Report pro tanto
and the Company's liability shall terminate when the total amount
of the Report has been paid.
6. Options to Pay or Otherwise Settle Claims;
Termination of Liability
The Company in its sole discretion shall have the following
options:
a) To pay or tender to the Guaranteed Claimant the amount of
the Report or the balance remaining thereof, less any
attorneys' fees, costs or expenses paid by the Company to
the date of tender. If this option is exercised, ail liability of the
Company under this Report terminates including but not
limited to any liability for attorneys’ fees, or any costs of
defense or prosecution of any litigation.
b) To pay or otherwise settle with other parties for or in the name
of the Guaranteed Claimant any claims guaranteed by this
Report.
c) To continue, re-open or initiate any judicial proceeding in
order to adjudicate any claim covered by this Report. The
Company shall have the right to select counsel of its choice
(subject to the right of the Guaranteed Claimant to object for
reasonable cause) to represent the Guaranteed Claimant and
will not pay the fees of any other counsel.
d) To pay or tender to the Guaranteed Claimant the difference
between the value of the estate or interest as guaranteed and
the value of the estate or interest subject to the defect, lien, or
encumbrance guaranteed against by this Report.
7. Notices
All notices required to be given to the Company shall be given
promptly and any statements in writing required to be furnished to
the Company shall be addressed to Old Republic National Title
Insurance Company, 6480 Rockside Woods South,
independence, OH 44131.
EXCLUSIONS FROM COVERAGE
1 The Company assumes no liability under this Report for any
loss, cost or damage resulting from any physical condition of
the Land.
2. The Company assumes no liability under this Report for any
loss, cost or damage resulting from any typographical, clerical
or other errors in the Public Records.
3. The Company assumes no liability under the Report for
matters affecting title subsequent to the date of this Report or
the Final Judicial Report or any supplement thereto.
4, The Company assumes no liability under this Report for the
proper form or execution of any pleadings or other documents.
to be filed in any judicial proceedings.
5. The Company assumes no liability under this Report for any
loss, cost or damage resulting from the failure to complete
service on any parties shown in Schedule B of the Preliminary
Judicial Report and the Final Judicial Report or any
Supplemental Report issued thereto.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Preliminary Judicial Report
Conditions and Stipulations
File No: 81984-FCL-OH
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IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO DELAWARE COUNTY TREASURER CASE NUMBER Plaintiff, vs. JUDGE LEONARD J. AUSTIN (DECEASED), et al. PIN NO. 600-426-16-006-000 Defendants. NOTICE OF FILING OF PRELIMINARY JUDICIAL REPORT Now comes the Plaintiff, Delaware County Treasurer, by and through counsel, the Delaware County Prosecuting Attorney, and hereby gives notice of filing of the Preliminary Judicial Report (Exhibit A). Respectfully Submitted, MELISSA A. SCHIFFEL (0082154) Delaware County Prosecuting Attorney /s/ Christopher D. Betts Christopher D. Betts (0068030) Assistant Delaware County Prosecuting Attorney Delaware County Prosecuting Attorney’s Office 145 N. Union St., 3 Floor P.O. Box 8006 Delaware, Ohio 43015 Telephone: (740) 833-2690 Facsimile: (740) 833-2688 Email: cbetts@co.delaware.oh.us CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON PLEAS COURT 23 CV E 01 0056 - SCHUCK, JAMES P. FILED: 01/31/2023 03:36 PMCERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was submitted electronically to the Court and will be served to all parties via email, if provided, or by ordinary U.S. mail on this 31% day of January, 2023. Phyllis Gambol 4045 Ridgewood Drive Hilliard, Ohio 43026 Thomas Arthur Alban 433 North Powell Avenue Columbus, Ohio 43204 Cary Alban 433 North Powell Avenue Columbus, Ohio 43204 Glenna Alban 1953 Suffolk Road Columbus, Ohio 43221 /s/ Christopher D, Betts Christopher D. Betts (0068030)EXHIBIT wey ij 4 ee * * PRELIMINARY JUDICIAL REPORT ~R: ty e™ File No.: 81984-FCL-OH PJR No.: 81983-FCL-OH Guaranteed Party Name and Address: To: Delaware County Treasurer 145 N Union Street Delaware, OH 43015 Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report") for use in judicial proceedings, Old Republic National Title Insurance Company (hereinafter "the Company") hereby guarantees in an amount not to exceed $0.00 that it has examined the public records in Delaware County, Ohio as to the land described in Schedule A, that the record title to the Jand is at the date hereof vested in Leonard J. Austin by instrument recorded in a deed from Harry F. Waldo and Faye M. Waldo to Leonard J. Austin, dated 5/14/46, and filed 3/1/48, in OR 223, Pg 207, and free from all encumbrances, liens or defects of record, except as shown in Schedule B. This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations contained herein. This Report shall not be valid or binding until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto. Effective Date: November 4, 2022 at 07:00 AM ‘OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 Issued By: (612) 71-0118 Bridge Title & Escrow Services, LLC Star Slo>— 0 O Dd 7Ladtuny Presiden By: Authorized Officer or Agent Attest pu tJ Secretary OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Preliminary Judicial Report File No,: 81984-FCL-OHFile No.: 81984-FCL-OH PJR No.: 81983-FCL-OH PRELIMINARY JUDICIAL REPORT SCHEDULE A Description of Land Situated in the County of Delaware, in the State of Ohio, and in the Township of Concord and bounded and described as follows: Being Lot Number 2932 of the Shaw-Nee Hills Addition Number Three, located in Concord Township, Delaware County, Ohio, as the same is numbered and delineated on the Plat thereof, on file in the office of the Recorder of Delaware County, Ohio, Plat Book 4, page 76. Parcel Number: 600-426-16-006-000 Property Address: 0 East Pawnee Drive, Powell, OH 43065 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Preliminary Judicial Report File No 81984-FCL-OH Schedule AFile No.: 81984-FCL-OH PJR No.: 81983-FCL-OH PRELIMINARY JUDICIAL REPORT SCHEDULE B The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. 1. “NOTE** NO OPEN MORTGAGES FOUND OF RECORD 2. Taxes, as to parcel number 600-426-16-006-000, for the first half of 2021 in the amount of $27.53 are unpaid and delinquent. Taxes for the second half of 2021, in the amount of $27.53 are unpaid and delinquent. Total amount due is $2,251.15 plus applicable interest and penalties. Taxes for the year 2022 are undetermined, not yet due and a lien on the premises. 3. Restrictions, filed for record in Deed Book 171, Page 606, Recorder's Office, Delaware County, Ohio. 4, Any easements or servitudes appearing on public records. 5. Any facts, rights, interests, or claims that are not shown in the public records but that could be ascertained by an inspection of the land or by making inquiry of persons in possession of the land. 6. Any encroachment, encumbrance, violation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and not shown in the public records. 7. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the public records, 8. Rights of parties in possession of all or any part of the premises, including, but not limited to, easements, claims of easements or encumbrances that are not shown in the public records. 9. The lien of real estate taxes or assessments imposed on the title by a governmental authority that are not shown as existing liens in the records of any taxing authority that levies taxes or assessments on real property or in the public records. 10. Subject to any oil and/or gas lease, pipeline agreement, or other instrument related to the production or sale of oil or natural gas which may arise subsequent to the Date of Policy. 41. Oil, gas, coal and other mineral interests together with the rights appurtenant thereto whether crested by deed, lease, grant, reservation, severance, sufferance or exception. 12. Rights or claims of easements not recorded in the public records. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Preliminary Judicial Report File No.: 81984-FCL-OH Schedule BFile No.: 81984-FCL-OH PJR No.: 81983-FCL-OH CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1. Definition of Terms “Guaranteed Party": The party or parties named herein or the purchaser at judicial sale. "Guaranteed Claimant": Guaranteed Party claiming loss or damage hereunder, "Land": The land described specifically or by reference in Schedule A, and improvements affixed thereto, which by law constitute real property; provided however the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, lanes, ways or waterways. "Public Records": Those records under state statute and, if a United States District Court resides in the county in which the Land is situated, the records of the clerk of the United States District Court, which impart constructive notice of matters relating to real property to purchasers for value without knowledge and which are required to be maintained in certain public offices in the county in which the land is situated. 2. Determination of Liability This Report together with any Final Judicial Report or any Supplement or Endorsement thereof, issued by the Company is the entire contract between the Guaranteed Party and the Company. Any claim of monetary loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest guaranteed hereby or any action asserting such claim, shall be restricted to this Report. 3. Liability of Company This Report is a guarantee of the record title of the Land only, as disclosed by an examination of the Public Records herein defined. 4, Notice of Claim to be given to Guaranteed Claimant In case knowledge shall come to the Guaranteed Party of any lien, encumbrance, defect, or other claim of title guaranteed against and not excepted in this Report, whether in a legal proceeding or otherwise, the Guaranteed Party shall notify the Company within a reasonable time in writing and secure to the Company the right to oppose such proceeding or claim, or to remove said lien, encumbrance or defect at its own cost. Any action for the payment of any loss under this Report must be commenced within one year after the Guaranteed Party receives actual notice that they may be required to pay money or other compensation for a matter covered by this Report or actual notice someone claims an interest in the Land covered by this Report. 5. Extent of Liability The liability of the Company shall in no case exceed in all the amount stated herein and shall in all cases be limited to the actual loss, including but not limited to attorneys’ fees and costs of defense, only of the Guaranteed Party. Any and all payments under this Report shall reduce the amount of this Report pro tanto and the Company's liability shall terminate when the total amount of the Report has been paid. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability The Company in its sole discretion shall have the following options: a) To pay or tender to the Guaranteed Claimant the amount of the Report or the balance remaining thereof, less any attorneys' fees, costs or expenses paid by the Company to the date of tender. If this option is exercised, ail liability of the Company under this Report terminates including but not limited to any liability for attorneys’ fees, or any costs of defense or prosecution of any litigation. b) To pay or otherwise settle with other parties for or in the name of the Guaranteed Claimant any claims guaranteed by this Report. c) To continue, re-open or initiate any judicial proceeding in order to adjudicate any claim covered by this Report. The Company shall have the right to select counsel of its choice (subject to the right of the Guaranteed Claimant to object for reasonable cause) to represent the Guaranteed Claimant and will not pay the fees of any other counsel. d) To pay or tender to the Guaranteed Claimant the difference between the value of the estate or interest as guaranteed and the value of the estate or interest subject to the defect, lien, or encumbrance guaranteed against by this Report. 7. Notices All notices required to be given to the Company shall be given promptly and any statements in writing required to be furnished to the Company shall be addressed to Old Republic National Title Insurance Company, 6480 Rockside Woods South, independence, OH 44131. EXCLUSIONS FROM COVERAGE 1 The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical condition of the Land. 2. The Company assumes no liability under this Report for any loss, cost or damage resulting from any typographical, clerical or other errors in the Public Records. 3. The Company assumes no liability under the Report for matters affecting title subsequent to the date of this Report or the Final Judicial Report or any supplement thereto. 4, The Company assumes no liability under this Report for the proper form or execution of any pleadings or other documents. to be filed in any judicial proceedings. 5. The Company assumes no liability under this Report for any loss, cost or damage resulting from the failure to complete service on any parties shown in Schedule B of the Preliminary Judicial Report and the Final Judicial Report or any Supplemental Report issued thereto. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Preliminary Judicial Report Conditions and Stipulations File No: 81984-FCL-OH