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FILED
MARY L. SWAIN
BUTLER COUNTY
CLERK OF COURTS
03/26/2024 11:15 AM
CV 2024 03 0626
IN THE COURT OF COMMON PLEAS
BUTLER COUNTY, OHIO
TWIN LAKES HOMEOWNERS CASE NO.
ASSOCIATION
4695 Lake Forest Drive, Suite 300 JUDGE
Cincinnati, Ohio 45242
Plaintiff, COMPLAINT FOR FORECLOSURE
-vs.- PERM PARCEL NO.
0700161000080
BENNIE L. PHIFER, IIT
143 Twin Lakes Drive
Fairfield, Ohio 45014
UNKNOWN SPOUSE, IF ANY,
OF BENNIE L. PHIFER, ITT
143 Twin Lakes Drive
Fairfield, Ohio 45014
BENNIE L. PHIFER, IV
143 Twin Lakes Drive
Fairfield, Ohio 45014
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
AS NOMINEE FOR ENVOY
MORTGAGE, LTD
P.O. Box 2026
Flint, Michigan 48501-2026
Defendants.
Now comes Plaintiff, Twin Lakes Homeowners Association, by and through
counsel, and for its Complaint for Foreclosure, states as follows:
1 Plaintiff is an existing corporation, not for profit, organized under the
laws of the State of Ohio and was formed in accordance with Chapter 5312 of the
Ohio Revised Code to act as the Association of Unit Owners for the Twin Lakes
Homeowners Association.
2 On June 11, 2021, Defendant, Bennie L. Phifer, III, acquired title to
the property known as 143 Twin Lakes Drive, Fairfield, Ohio 45014, and thereupon
became a member of the Twin Lakes Homeowners Association. The property is
more fully described in the legal description contained in the Preliminary Judicial
Report attached hereto as Exhibit “A”.
3 Defendant, Bennie L. Phifer, III, as a member of the Twin Lakes
Homeowners Association, is required under the Declaration of Covenants,
Conditions and Restrictions and Reservation of Easements filed for record in OR
Book 1235, Page 243, et seg., and subsequent amendments, if any, in the Butler
County Records, to pay assessments for their share of common property expenses,
plus all reasonable collection expenses, including court costs and reasonable
attorney’s fees associated with collection proceedings, against a delinquent owner.
4 Defendant, Bennie L. Phifer, III, has defaulted in the payment of said
common property assessments and other charges.
5 Pursuant to Article III, Section 3.07 under the Declaration of
Covenants, Conditions and Restrictions and Reservation of Easements for the Twin
Lakes Homeowners Association, the Plaintiff filed its Certificate of Lien on the
property (attached hereto as Exhibit “B”) to secure payment of the unpaid common
property expenses, assessments and other charges. Said lien is a good and valid
subsisting lien on 143 Twin Lakes Drive, Fairfield, Ohio 45014, owned by
Defendant, Bennie L. Phifer, III.
6 There is currently due the Plaintiff from the Defendant, Bennie L.
Phifer, III, based upon the above lien and additional unpaid common property
expenses, assessments and other charges, the total sum of $8,369.34 plus interest at
the rate of 8% per annum, as provided for in the Declaration of Covenants,
Conditions and Restrictions and Reservation of Easements as of March 16, 2024. A
copy of said Declaration is not attached as it is filed with the Butler County
Recorder at OR Book 1235, Page 248, et seq., and constructive notice of its existence
and contents is deemed to have been given to the “whole world” pursuant to Ohio
Revised Code 1301.401(B); due to its size, it is impractical and economically
inefficient to attach and serve on multiple parties, especially in view of Defendants’
ultimate obligation for such costs, and; upon information and belief, Defendants
already possess a copy.
7. The Defendants named herein have or may claim to have an interest in
the property described in the Preliminary Judicial Report, a copy of which is
attached hereto as Exhibit “A”.
8. That Defendant, Bennie L. Phifer, III, may be married and that his
spouse, Unknown Spouse, if any, of Bennie L. Phifer, III, may have an interest in
the real property described herein.
9 The Butler County Treasurer may have an interest in the subject
property by virtue of delinquent taxes due and owing.
10. In accordance with the documents recorded with the Butler County
Recorder's Office, Plaintiff, Twin Lakes Homeowners Association, is, by covenant,
entitled to the legal fees and court costs incurred in the within action. Pursuant to
Nottingdale Homeowners’ Assn., Inc. v. Darby (1987), 33 Ohio St.3d 32 and First
Fed. Sav. Bank v. WSB Investments, Inc. (1990), 67 Ohio App. 3d 277, the courts
held that the instruments make defaulting unit owners responsible for attorney
fees.
WHEREFORE, Plaintiff prays that:
(a) Plaintiff be granted judgment against Defendant, Bennie L. Phifer, III,
in the sum of $8,369.34 plus interest at the rate of 8% per annum, upon which
execution may issue;
(b) All Defendants be required to answer and set forth any claim that they
may have in said premises or be forever barred;
(c) Plaintiffs lien be found to be good and valid lien upon said property:
(d) All liens on said property be marshaled and the premises be ordered
appraised, advertised and sold according to law;
(e) Plaintiff recover its costs herein, including the cost incurred for the
preliminary judicial report;
© Plaintiff recover its attorney fees and court costs of the within action
from the proceeds of the sale; or alternatively, that Plaintiff be granted judgment
for attorneys’ fees and costs, upon which execution may issue; and that
(g) 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 common property
expenses, assessments and other charges incurred subsequent to the filing of the
within action.
KAMAN & CUSIMANO, LLC
/s/ Magdalena E. Myers
Magdalena E. Myers (0087846)
Michelle L. Polly-Murphy (0072091)
Attorneys for Plaintiff
4695 Lake Forest Drive, Suite 300
Cincinnati, Ohio 45242
(513) 878-1771 / FAX (518) 898-1221
kcattorney@kamancus.com
NOTICE REQUIRED BY THE FAIR DEBT
COLLECTION PRACTICES ACT
(15 U.S.C. 1692, et seq.)
1) This notice is directed only to the party or parties who may be obligated to
pay the debt referred to in the attached pleading. The amount of the debt is
stated in the pleading attached hereto.
2) The debt is owed to Twin Lakes Homeowners Association. This
communication is from a debt collector. This is an attempt to collect a debt
and any information obtained will be used for that purpose. If a petition for
bankruptcy protection has been filed, we are not suggesting personal liability
on any pre-petition or dischargeable debt. The Association is only seeking
pre-petition or dischargeable debt, if any, through the property.
3) Unless you notify this office within 30 days after receiving this notice that
you dispute the validity of this debt or any portion thereof, this office will
assume this debt is valid. If you notify this office in writing within 30 days
after receiving this notice that you dispute the validity of this debt or any
portion of it, this office will obtain verification of the debt and mail you a copy
of such verification. And if, within the same 30-day time period, you request
the name and address of your original creditor, this office will furnish you
with that information as well, if it is different than the current creditor.
4) All communications, including payoff requests, should be directed to Kaman
& Cusimano, LLC, 4695 Lake Forest Drive, Suite 300, Cincinnati, Ohio
45242, 888-800-1042.
5) If this was issued by the Clerk of Courts, the summons states that you have
28 days to serve an answer. You must do so within that time or you will be in
default. The 30-day right for verification of the debt, as set forth in
paragraph 3 above, is separate from the 28 days you have to serve your
answer. Do not confuse the two. Your request for verification of the debt will
not relieve you of the need to serve your answer within 28 days. Please read
the summons issued by the clerk carefully for instructions concerning filing
your answer with the court.
Exhibit "A"
Preliminary Judicial Report
(@ Commonwealth’ LAND TITLE INSURANCE COMPANY ISSUED BY
Commonwealth Land Title Insurance Company
POLICY NUMBER:
Judicial Report 8148435-48465572
Guaranteed Party Name: Order No.: J240391
Twin Lakes Homeowners Association
c/o Kaman & Cusimano, LLC
8101 North High Street, Sutie 370 Effective Date: February 26, 2024 at 7:00 A.M.
Columbus, OH, 43235
Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings,
Commonwealth Land Title Insurance Company (Hereinafter "the Company") hereby guarantees in an amount not to
exceed $25,000.00 that it has examined the public records in Butler County, Ohio as to the land described in Schedule A,
that the record title to the land is at the date hereof vested in Bennie L. Phifer Ill, Single by instrument recorded in Book
9668, Page 577 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 binding or valid until it has been signed by either an authorized agent or representative of the
Company and Schedules A and B have been attached hereto.
Issuing Agent: Ohio Title Corp
Address: 7085 Pearl Road
City, State, Zip: Middleburg Hts., OH 44130
Telephone: 440.886.6141
In Witness Whereof, Commonwealth Land Title Insurance Company has caused its corporate name to be hereunto
affixed by its authorized officers as of Date of Policy shown in Schedule A.
Countersigned
Ohio Title Corp COMMONWEALTH LAND TITLE INSURANCE COMPANY
» If dz
Mic J. Nolen
dens
ATTEST:
Maro fs
By:
This jacket was created electronically and constitutes an original document
Preliminary Judicial Report (9/01/2014)
Ohio
EXHIBIT A
LEGAL DESCRIPTION
File Number: J240391
Situated in the County of Butler in the State of Ohio, and in the City of Fairfield, Lot Number 8372 in the City of
Fairfield, Butler County, Ohio.
Premises commonly known as:
143 Twin Lakes Drive
Fairfield, OH 45014
Permanent Parcel No(s).:
A0700-161-000-080
End of Exhibit A Legal Description
Order No.: J240394
SCHEDULE B
The matter shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising
therefrom.
We have made no examination for easements, restrictions, setback lines, declarations, conditions,
covenants, reservations, rights-of-way and mineral leases, if any, affecting the caption premises and no
coverage for said matters, express or implied, is provided herein.
General Warranty Deed from SPH Property Three, LLC to Bennie L. Phifer, III, single, dated June 2, 2021,
filed for record June 11, 2021 at 2:14 PM and recorded in Book 9668, Page 577 of Butler County Records.
Mortgage from Bennie L. Phifer, Ill, an unmarried man to Mortgage Electronic Registration Systems, Inc.,
as nominee for Envoy Mortgage, LTD, P.O. Box 2026, Flint, MI 48501-2026 in the original amount of
$111,540.00, dated June 2, 2021, filed for record June 11, 2021 at 2:14 PM and recorded in Volume 9668,
Page 579 of Butler County Records.
Transfer on Death Designation Affidavit from Bennie L. Phifer, Ill, single, upon his death to his son,
Bennie L. Phifer, IV, beneficiary, dated July 8, 2022, filed for record July 25, 2022 at 12:19 PM and
recorded in Book 9877, Page 1255 of Butler County Records.
CERTIFICATE OF LIEN: Twin Lake Homeowners Association vs. Bennie L. Phifer, Ill, 143 Twin Lakes
Drive, Fairfield, Ohio 45014 in the amount of $4,560.64 plus interests and costs. Dated July 5, 2023 Filed
July 17, 2023 at 2:55 PM and recorded in Book 9992, Page 1477.
For tax information, Permanent Parcel Number A0700-161-000-080 see tax information attached.
End of Schedule B
Butler County https://propertysearch. butlercountyauditor.org/Datalets/PrintDatalet.asp.
PARID: A0700161000080
PHIFER BENNIE L TT 143 TWIN LAKES DR
Parcel
Parcel Id 0700161000080
Address 143 TWIN LAKES DR
Building/Unit #
Class RESIDENTIAL
Land Use Code** 510 R - SINGLE FAMILY DWELLING, PLATTED LOT
Neighborhood 10007014
Total Acres 0198
Taxing District A07
District Name FAIRFIELD CITY-FAIRFIELD CSD
Gross Tax Rate 85.5
Effective Tax Rate 40,623747
Non Business Credit .07818
Owner Occupied Credit .019545
**Land Use Code is for Auditor assessment purposes only. It is not a true representation of
legal zoning designation. For more information on zoning and legal property usage, please
contact the local zoning department.
Dwelling
Year Built 1977
Stories
Construction FRAME
Basement FULL
Bedrooms
Full Baths
Half Baths
Above Grade Living Area (Sq. Ft.) 1,612
Finished Basement (Sq. Ft.)** 650
Total Living Area (Sq. Ft.) 2,262
**Finished Basement may be an estimate.
Current Value
Land (100%) $17,280
Building (100%) $129,680
Total Value (100%) $146,960
CAUV $0
Assessed Tax Year 2023
Land (35%) $6,050
Building (35%) $45,390
Assessed Total (35%) $51,440
Incentive District Parcels what is this?
Parcel identifier Value Type value
0700161000080 Base Parcel 146,960
Total Value 146,960
lof2 3/12/2024, 7:17 AM
Butler County https://propertysearch. butlercountyauditor.org/Datalets/PrintDatalet.asp.
Current Year Real Estate Taxes
TAX TYPE Prior Year First Half Tax Second Half Tax Total
Real Estate 0.00 942.72 942.72 1,885.44
Tot Payments 0,00 7942.72 0,00 942,72
Total: 0.00 0.00 942.72 942.72
Homestead Credits How do I qualify?
Owner Occupied Credit YES
Disabled Veteran Exemption NO.
Homestead Exemption NO
CAUV & Agricultural District what is this?
CAUV NO
Agricultural District NO
Owner and Legal Future ?
Owner 1 PHIFER BENNIE L IIT
Owner 2
Legal 1 8372 ENT
Legal 2
Legal 3
Future
Taxbill Mailing Address Can I change my mailing address?
Mailing Name 1 BENNIE L PHIFER IIIT
Mailing Name 2
Address 1 143 TWIN LAKES DR
Address 2
Address 3 FAIRFIELD OH 45014 5256
Transfers (Date represents time of transfer)
Date Sale Amount
11-JUN-2021 $150,000
22-FEB-2021 $138,900
22-SEP-2009 $94,900
2 of 2 3/12/2024, 7:17 AM
CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1 Definition of Terms required to pay money or other compensation for a
(a) "Guaranteed Party": The party or parties matter covered by this Report or actual notice someone
named herein or the purchaser at judicial sale. claims an interest in the Land covered by this Report.
(b) "Guaranteed Claimant": Guaranteed Party 5. Extent of Liability
claiming loss or damage hereunder. The liability of the Company shall in no case exceed in
(c) "Land": The land described specifically or by all the amount stated herein and shall in all cases be
reference in Schedule A, and improvements limited to the actual loss, including but not limited to
affixed thereto, which by law constitute real attorneys fees and costs of defense, only of the
property; provided however the term "land" does Guaranteed Party. Any and all payments under this
not include any property beyond the lines of the Report shall reduce the amount of this Report pro tanto
area specifically described or referred to in and the Company's liability shall terminate when the
Schedule A, nor any right, title, interest, estate, total amount of the Report has been paid.
or easement in abutting streets, roads, avenues, 6. Options to Pay or Otherwise Settle Claims;
lanes, ways or waterways. Termination of Liability
(d) "Public Records": Those records under state The Company in its sole discretion shall have the
statute and, if a United States District Court following options:
resides in the county in which the Land is (a) To pay or tender to the Guaranteed Claimant
situated, the records of the clerk of the United the amount of the Report or the balance
States District Court, which impart constructive remaining thereof, less any attorneys fees,
notice of matters relating to real property to costs or expenses paid by the Company to the
purchasers for value without knowledge and date of tender. If this option is exercised, all
which are required to be maintained in certain liability of the Company under this Report
public offices in the county in which the land is terminates including but not limited to any
situated. liability for attorneys fees, or any costs of
2. Determination of Liability defense or prosecution of any litigation.
This Report together with any Final Judicial Report or any (b) To pay or otherwise settle with other parties for
Supplement or Endorsement thereof, issued by the or in the name of the Guaranteed Claimant any
Company is the entire contract between the Guaranteed claims guaranteed by this Report.
Party and the Company. (c) To continue, re-open or initiate any judicial
Any claim of monetary loss or damage, whether or not proceeding in order to adjudicate any claim
based on negligence, and which arises out of the status covered by this Report. The Company shall
of the title to the estate or interest guaranteed hereby or have the right to select counsel of its choice
any action asserting such claim, shall be restricted to this (subject to the right of the Guaranteed Claimant
Report. to object for reasonable cause) to represent the
3. Liability of Company Guaranteed Claimant and will not pay the fees
This Report is a guarantee of the record title of the Land of any other counsel.
only, as disclosed by an examination of the Public (d) To pay or tender to the Guaranteed Claimant
Records herein defined. the difference between the value of the estate
4. Notice of Claim to be given by Guaranteed or interest as guaranteed and the value of the
Claimant estate or interest subject to the defect, lien or
In case knowledge shall come to the Guaranteed Party of encumbrance guaranteed against by this
any lien, encumbrance, defect, or other claim of title Report.
guaranteed against and not excepted in this Report, 7. Notices
whether in a legal proceeding or otherwise, the All notices required to be given to the Company shall be
Guaranteed Party shall notify the Company within a given promptly and any statements in writing required to
reasonable time in writing and secure to the Company be furnished to the Company shall be addressed to the
the right to oppose such proceeding or claim, or to Company at its office,P,.O Box 45023, Jacksonville, FL
remove said lien, encumbrance or defect at its own cost. 32232-5023, 800-925-0965.
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
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.
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.
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.
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.
Exhibit "B"
UANENUR A
Recorded: 07/17/2023 02:85
Fite # 2023-00021897 Fee Amt, $34.00 Recorder
BUTLER County. Gio DANNY N. CRANK,
9992 ©1477
IWIN I NI
Pursuant to Ohio Revised Code § 6812.12 and Article III, Section 3.07 of the Declaration of
Covenants, Conditions and Restrictions and Reservation of Easements for Twin Lakes)
Homeowners Association, filed for record in OR Book 1286, Page 243, et seg. of Butler County’
, the undersigned, Twin Lakes Homeowners Association, hereby claims a continuing lien|
against the following described lot:
Record Owner: Bennie L. Phifer, IIL
Description of Lot: 148 Twin Lakes Drive PPN:A0700161000080
Fairfield, Ohio 46014
Amount: $4,660.64, plus interest at 8% per annum from the 6th day of July, 2023)
and any unpaid assesment accruing hereinafter until this lien is
satisfied.
State of Ohio, }
County of Hamilton } ss
IN WITNESS WHEREOF, Twin Lakes Homeowners Association 8 caused this Certificate of|
Lien to be executed by its duly authorized representative this day of July, 2023.
Twin Lakes Homeg Boch on
By: Mg, AVA
aigyf Representati
E. Myers, Esq,
Subscribed and sworn to before me by Magdalena E. Myer: 3S q.this@) day of July, 2028.
ia
Nae Ashley Ryan Clark
Public, State of Ohio Notary Pu)
Y
My: ion Ex;
2026
‘was prepared by Magdalena Myers, Esq.
ano,
ee Drive, Suite 220, )H 45242 (618) 488-1012
CURED HAS BEEN P. ) THE LIEN Is HEREBY|
SATISFIED AND DISCHARGED.
DATE: ‘Twin Lakes Homeowners Association
:
“Designated Representative
State of Ohio, }
Countyof, des
Subscribed and eworn to before me by thie day of
Notary Public
|
|
=
an ENT RE
1897 | Page: 20f 2
&% 9992 1478
4 -
-
Situated in the County of Butler in the State of Ohio, ond in the City of Fairftaid: Lot
the City of Fairfield,
Butler County, Ohio.
INVEYANCE is made subject to all casements, and building or otlor
including,
but not limited to, those for public roads and highways, can
railroads, and pipelines. The conveyance is also subject to all
‘statutes,
rules, or regulations,
THIS\CO! EYANCE is made expressly subject (o conditions, restrictions,
Ege"
if any, constituting constructive notice, and extey
assessments currently due and payable and which become
eof
KAMAN& GUSIMANO LLC
STE 220
11314 wwe onape
Pi
CINCIN OH 4524;
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FILED MARY L. SWAIN BUTLER COUNTY CLERK OF COURTS 03/26/2024 11:15 AM CV 2024 03 0626 IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO TWIN LAKES HOMEOWNERS CASE NO. ASSOCIATION 4695 Lake Forest Drive, Suite 300 JUDGE Cincinnati, Ohio 45242 Plaintiff, COMPLAINT FOR FORECLOSURE -vs.- PERM PARCEL NO. 0700161000080 BENNIE L. PHIFER, IIT 143 Twin Lakes Drive Fairfield, Ohio 45014 UNKNOWN SPOUSE, IF ANY, OF BENNIE L. PHIFER, ITT 143 Twin Lakes Drive Fairfield, Ohio 45014 BENNIE L. PHIFER, IV 143 Twin Lakes Drive Fairfield, Ohio 45014 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ENVOY MORTGAGE, LTD P.O. Box 2026 Flint, Michigan 48501-2026 Defendants. Now comes Plaintiff, Twin Lakes Homeowners Association, by and through counsel, and for its Complaint for Foreclosure, states as follows: 1 Plaintiff is an existing corporation, not for profit, organized under the laws of the State of Ohio and was formed in accordance with Chapter 5312 of the Ohio Revised Code to act as the Association of Unit Owners for the Twin Lakes Homeowners Association. 2 On June 11, 2021, Defendant, Bennie L. Phifer, III, acquired title to the property known as 143 Twin Lakes Drive, Fairfield, Ohio 45014, and thereupon became a member of the Twin Lakes Homeowners Association. The property is more fully described in the legal description contained in the Preliminary Judicial Report attached hereto as Exhibit “A”. 3 Defendant, Bennie L. Phifer, III, as a member of the Twin Lakes Homeowners Association, is required under the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements filed for record in OR Book 1235, Page 243, et seg., and subsequent amendments, if any, in the Butler County Records, to pay assessments for their share of common property expenses, plus all reasonable collection expenses, including court costs and reasonable attorney’s fees associated with collection proceedings, against a delinquent owner. 4 Defendant, Bennie L. Phifer, III, has defaulted in the payment of said common property assessments and other charges. 5 Pursuant to Article III, Section 3.07 under the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Twin Lakes Homeowners Association, the Plaintiff filed its Certificate of Lien on the property (attached hereto as Exhibit “B”) to secure payment of the unpaid common property expenses, assessments and other charges. Said lien is a good and valid subsisting lien on 143 Twin Lakes Drive, Fairfield, Ohio 45014, owned by Defendant, Bennie L. Phifer, III. 6 There is currently due the Plaintiff from the Defendant, Bennie L. Phifer, III, based upon the above lien and additional unpaid common property expenses, assessments and other charges, the total sum of $8,369.34 plus interest at the rate of 8% per annum, as provided for in the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements as of March 16, 2024. A copy of said Declaration is not attached as it is filed with the Butler County Recorder at OR Book 1235, Page 248, et seq., and constructive notice of its existence and contents is deemed to have been given to the “whole world” pursuant to Ohio Revised Code 1301.401(B); due to its size, it is impractical and economically inefficient to attach and serve on multiple parties, especially in view of Defendants’ ultimate obligation for such costs, and; upon information and belief, Defendants already possess a copy. 7. The Defendants named herein have or may claim to have an interest in the property described in the Preliminary Judicial Report, a copy of which is attached hereto as Exhibit “A”. 8. That Defendant, Bennie L. Phifer, III, may be married and that his spouse, Unknown Spouse, if any, of Bennie L. Phifer, III, may have an interest in the real property described herein. 9 The Butler County Treasurer may have an interest in the subject property by virtue of delinquent taxes due and owing. 10. In accordance with the documents recorded with the Butler County Recorder's Office, Plaintiff, Twin Lakes Homeowners Association, is, by covenant, entitled to the legal fees and court costs incurred in the within action. Pursuant to Nottingdale Homeowners’ Assn., Inc. v. Darby (1987), 33 Ohio St.3d 32 and First Fed. Sav. Bank v. WSB Investments, Inc. (1990), 67 Ohio App. 3d 277, the courts held that the instruments make defaulting unit owners responsible for attorney fees. WHEREFORE, Plaintiff prays that: (a) Plaintiff be granted judgment against Defendant, Bennie L. Phifer, III, in the sum of $8,369.34 plus interest at the rate of 8% per annum, upon which execution may issue; (b) All Defendants be required to answer and set forth any claim that they may have in said premises or be forever barred; (c) Plaintiffs lien be found to be good and valid lien upon said property: (d) All liens on said property be marshaled and the premises be ordered appraised, advertised and sold according to law; (e) Plaintiff recover its costs herein, including the cost incurred for the preliminary judicial report; © Plaintiff recover its attorney fees and court costs of the within action from the proceeds of the sale; or alternatively, that Plaintiff be granted judgment for attorneys’ fees and costs, upon which execution may issue; and that (g) 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 common property expenses, assessments and other charges incurred subsequent to the filing of the within action. KAMAN & CUSIMANO, LLC /s/ Magdalena E. Myers Magdalena E. Myers (0087846) Michelle L. Polly-Murphy (0072091) Attorneys for Plaintiff 4695 Lake Forest Drive, Suite 300 Cincinnati, Ohio 45242 (513) 878-1771 / FAX (518) 898-1221 kcattorney@kamancus.com NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. 1692, et seq.) 1) This notice is directed only to the party or parties who may be obligated to pay the debt referred to in the attached pleading. The amount of the debt is stated in the pleading attached hereto. 2) The debt is owed to Twin Lakes Homeowners Association. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. If a petition for bankruptcy protection has been filed, we are not suggesting personal liability on any pre-petition or dischargeable debt. The Association is only seeking pre-petition or dischargeable debt, if any, through the property. 3) Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion of it, this office will obtain verification of the debt and mail you a copy of such verification. And if, within the same 30-day time period, you request the name and address of your original creditor, this office will furnish you with that information as well, if it is different than the current creditor. 4) All communications, including payoff requests, should be directed to Kaman & Cusimano, LLC, 4695 Lake Forest Drive, Suite 300, Cincinnati, Ohio 45242, 888-800-1042. 5) If this was issued by the Clerk of Courts, the summons states that you have 28 days to serve an answer. You must do so within that time or you will be in default. The 30-day right for verification of the debt, as set forth in paragraph 3 above, is separate from the 28 days you have to serve your answer. Do not confuse the two. Your request for verification of the debt will not relieve you of the need to serve your answer within 28 days. Please read the summons issued by the clerk carefully for instructions concerning filing your answer with the court. Exhibit "A" Preliminary Judicial Report (@ Commonwealth’ LAND TITLE INSURANCE COMPANY ISSUED BY Commonwealth Land Title Insurance Company POLICY NUMBER: Judicial Report 8148435-48465572 Guaranteed Party Name: Order No.: J240391 Twin Lakes Homeowners Association c/o Kaman & Cusimano, LLC 8101 North High Street, Sutie 370 Effective Date: February 26, 2024 at 7:00 A.M. Columbus, OH, 43235 Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings, Commonwealth Land Title Insurance Company (Hereinafter "the Company") hereby guarantees in an amount not to exceed $25,000.00 that it has examined the public records in Butler County, Ohio as to the land described in Schedule A, that the record title to the land is at the date hereof vested in Bennie L. Phifer Ill, Single by instrument recorded in Book 9668, Page 577 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 binding or valid until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto. Issuing Agent: Ohio Title Corp Address: 7085 Pearl Road City, State, Zip: Middleburg Hts., OH 44130 Telephone: 440.886.6141 In Witness Whereof, Commonwealth Land Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. Countersigned Ohio Title Corp COMMONWEALTH LAND TITLE INSURANCE COMPANY » If dz Mic J. Nolen dens ATTEST: Maro fs By: This jacket was created electronically and constitutes an original document Preliminary Judicial Report (9/01/2014) Ohio EXHIBIT A LEGAL DESCRIPTION File Number: J240391 Situated in the County of Butler in the State of Ohio, and in the City of Fairfield, Lot Number 8372 in the City of Fairfield, Butler County, Ohio. Premises commonly known as: 143 Twin Lakes Drive Fairfield, OH 45014 Permanent Parcel No(s).: A0700-161-000-080 End of Exhibit A Legal Description Order No.: J240394 SCHEDULE B The matter shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. We have made no examination for easements, restrictions, setback lines, declarations, conditions, covenants, reservations, rights-of-way and mineral leases, if any, affecting the caption premises and no coverage for said matters, express or implied, is provided herein. General Warranty Deed from SPH Property Three, LLC to Bennie L. Phifer, III, single, dated June 2, 2021, filed for record June 11, 2021 at 2:14 PM and recorded in Book 9668, Page 577 of Butler County Records. Mortgage from Bennie L. Phifer, Ill, an unmarried man to Mortgage Electronic Registration Systems, Inc., as nominee for Envoy Mortgage, LTD, P.O. Box 2026, Flint, MI 48501-2026 in the original amount of $111,540.00, dated June 2, 2021, filed for record June 11, 2021 at 2:14 PM and recorded in Volume 9668, Page 579 of Butler County Records. Transfer on Death Designation Affidavit from Bennie L. Phifer, Ill, single, upon his death to his son, Bennie L. Phifer, IV, beneficiary, dated July 8, 2022, filed for record July 25, 2022 at 12:19 PM and recorded in Book 9877, Page 1255 of Butler County Records. CERTIFICATE OF LIEN: Twin Lake Homeowners Association vs. Bennie L. Phifer, Ill, 143 Twin Lakes Drive, Fairfield, Ohio 45014 in the amount of $4,560.64 plus interests and costs. Dated July 5, 2023 Filed July 17, 2023 at 2:55 PM and recorded in Book 9992, Page 1477. For tax information, Permanent Parcel Number A0700-161-000-080 see tax information attached. End of Schedule B Butler County https://propertysearch. butlercountyauditor.org/Datalets/PrintDatalet.asp. PARID: A0700161000080 PHIFER BENNIE L TT 143 TWIN LAKES DR Parcel Parcel Id 0700161000080 Address 143 TWIN LAKES DR Building/Unit # Class RESIDENTIAL Land Use Code** 510 R - SINGLE FAMILY DWELLING, PLATTED LOT Neighborhood 10007014 Total Acres 0198 Taxing District A07 District Name FAIRFIELD CITY-FAIRFIELD CSD Gross Tax Rate 85.5 Effective Tax Rate 40,623747 Non Business Credit .07818 Owner Occupied Credit .019545 **Land Use Code is for Auditor assessment purposes only. It is not a true representation of legal zoning designation. For more information on zoning and legal property usage, please contact the local zoning department. Dwelling Year Built 1977 Stories Construction FRAME Basement FULL Bedrooms Full Baths Half Baths Above Grade Living Area (Sq. Ft.) 1,612 Finished Basement (Sq. Ft.)** 650 Total Living Area (Sq. Ft.) 2,262 **Finished Basement may be an estimate. Current Value Land (100%) $17,280 Building (100%) $129,680 Total Value (100%) $146,960 CAUV $0 Assessed Tax Year 2023 Land (35%) $6,050 Building (35%) $45,390 Assessed Total (35%) $51,440 Incentive District Parcels what is this? Parcel identifier Value Type value 0700161000080 Base Parcel 146,960 Total Value 146,960 lof2 3/12/2024, 7:17 AM Butler County https://propertysearch. butlercountyauditor.org/Datalets/PrintDatalet.asp. Current Year Real Estate Taxes TAX TYPE Prior Year First Half Tax Second Half Tax Total Real Estate 0.00 942.72 942.72 1,885.44 Tot Payments 0,00 7942.72 0,00 942,72 Total: 0.00 0.00 942.72 942.72 Homestead Credits How do I qualify? Owner Occupied Credit YES Disabled Veteran Exemption NO. Homestead Exemption NO CAUV & Agricultural District what is this? CAUV NO Agricultural District NO Owner and Legal Future ? Owner 1 PHIFER BENNIE L IIT Owner 2 Legal 1 8372 ENT Legal 2 Legal 3 Future Taxbill Mailing Address Can I change my mailing address? Mailing Name 1 BENNIE L PHIFER IIIT Mailing Name 2 Address 1 143 TWIN LAKES DR Address 2 Address 3 FAIRFIELD OH 45014 5256 Transfers (Date represents time of transfer) Date Sale Amount 11-JUN-2021 $150,000 22-FEB-2021 $138,900 22-SEP-2009 $94,900 2 of 2 3/12/2024, 7:17 AM CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1 Definition of Terms required to pay money or other compensation for a (a) "Guaranteed Party": The party or parties matter covered by this Report or actual notice someone named herein or the purchaser at judicial sale. claims an interest in the Land covered by this Report. (b) "Guaranteed Claimant": Guaranteed Party 5. Extent of Liability claiming loss or damage hereunder. The liability of the Company shall in no case exceed in (c) "Land": The land described specifically or by all the amount stated herein and shall in all cases be reference in Schedule A, and improvements limited to the actual loss, including but not limited to affixed thereto, which by law constitute real attorneys fees and costs of defense, only of the property; provided however the term "land" does Guaranteed Party. Any and all payments under this not include any property beyond the lines of the Report shall reduce the amount of this Report pro tanto area specifically described or referred to in and the Company's liability shall terminate when the Schedule A, nor any right, title, interest, estate, total amount of the Report has been paid. or easement in abutting streets, roads, avenues, 6. Options to Pay or Otherwise Settle Claims; lanes, ways or waterways. Termination of Liability (d) "Public Records": Those records under state The Company in its sole discretion shall have the statute and, if a United States District Court following options: resides in the county in which the Land is (a) To pay or tender to the Guaranteed Claimant situated, the records of the clerk of the United the amount of the Report or the balance States District Court, which impart constructive remaining thereof, less any attorneys fees, notice of matters relating to real property to costs or expenses paid by the Company to the purchasers for value without knowledge and date of tender. If this option is exercised, all which are required to be maintained in certain liability of the Company under this Report public offices in the county in which the land is terminates including but not limited to any situated. liability for attorneys fees, or any costs of 2. Determination of Liability defense or prosecution of any litigation. This Report together with any Final Judicial Report or any (b) To pay or otherwise settle with other parties for Supplement or Endorsement thereof, issued by the or in the name of the Guaranteed Claimant any Company is the entire contract between the Guaranteed claims guaranteed by this Report. Party and the Company. (c) To continue, re-open or initiate any judicial Any claim of monetary loss or damage, whether or not proceeding in order to adjudicate any claim based on negligence, and which arises out of the status covered by this Report. The Company shall of the title to the estate or interest guaranteed hereby or have the right to select counsel of its choice any action asserting such claim, shall be restricted to this (subject to the right of the Guaranteed Claimant Report. to object for reasonable cause) to represent the 3. Liability of Company Guaranteed Claimant and will not pay the fees This Report is a guarantee of the record title of the Land of any other counsel. only, as disclosed by an examination of the Public (d) To pay or tender to the Guaranteed Claimant Records herein defined. the difference between the value of the estate 4. Notice of Claim to be given by Guaranteed or interest as guaranteed and the value of the Claimant estate or interest subject to the defect, lien or In case knowledge shall come to the Guaranteed Party of encumbrance guaranteed against by this any lien, encumbrance, defect, or other claim of title Report. guaranteed against and not excepted in this Report, 7. Notices whether in a legal proceeding or otherwise, the All notices required to be given to the Company shall be Guaranteed Party shall notify the Company within a given promptly and any statements in writing required to reasonable time in writing and secure to the Company be furnished to the Company shall be addressed to the the right to oppose such proceeding or claim, or to Company at its office,P,.O Box 45023, Jacksonville, FL remove said lien, encumbrance or defect at its own cost. 32232-5023, 800-925-0965. 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 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. 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. 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. 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. Exhibit "B" UANENUR A Recorded: 07/17/2023 02:85 Fite # 2023-00021897 Fee Amt, $34.00 Recorder BUTLER County. Gio DANNY N. CRANK, 9992 ©1477 IWIN I NI Pursuant to Ohio Revised Code § 6812.12 and Article III, Section 3.07 of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Twin Lakes) Homeowners Association, filed for record in OR Book 1286, Page 243, et seg. of Butler County’ , the undersigned, Twin Lakes Homeowners Association, hereby claims a continuing lien| against the following described lot: Record Owner: Bennie L. Phifer, IIL Description of Lot: 148 Twin Lakes Drive PPN:A0700161000080 Fairfield, Ohio 46014 Amount: $4,660.64, plus interest at 8% per annum from the 6th day of July, 2023) and any unpaid assesment accruing hereinafter until this lien is satisfied. State of Ohio, } County of Hamilton } ss IN WITNESS WHEREOF, Twin Lakes Homeowners Association 8 caused this Certificate of| Lien to be executed by its duly authorized representative this day of July, 2023. Twin Lakes Homeg Boch on By: Mg, AVA aigyf Representati E. Myers, Esq, Subscribed and sworn to before me by Magdalena E. Myer: 3S q.this@) day of July, 2028. ia Nae Ashley Ryan Clark Public, State of Ohio Notary Pu) Y My: ion Ex; 2026 ‘was prepared by Magdalena Myers, Esq. ano, ee Drive, Suite 220, )H 45242 (618) 488-1012 CURED HAS BEEN P. ) THE LIEN Is HEREBY| SATISFIED AND DISCHARGED. DATE: ‘Twin Lakes Homeowners Association : “Designated Representative State of Ohio, } Countyof, des Subscribed and eworn to before me by thie day of Notary Public | | = an ENT RE 1897 | Page: 20f 2 &% 9992 1478 4 - - Situated in the County of Butler in the State of Ohio, ond in the City of Fairftaid: Lot the City of Fairfield, Butler County, Ohio. INVEYANCE is made subject to all casements, and building or otlor including, but not limited to, those for public roads and highways, can railroads, and pipelines. The conveyance is also subject to all ‘statutes, rules, or regulations, THIS\CO! EYANCE is made expressly subject (o conditions, restrictions, Ege" if any, constituting constructive notice, and extey assessments currently due and payable and which become eof KAMAN& GUSIMANO LLC STE 220 11314 wwe onape Pi CINCIN OH 4524;