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FILE
IN THE COURT OF COMMON PLEAS
CLARK COUNTY, OHIO
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APR 0 4 2024
Common Pl as Court
Melissa M. Tuttle, Clerk
De eee eee eee ee eee tenet ener e ee eee een neal fee e eee eee e eee eee rene renee
Fifth Third Bank, N.A. Case No.
24 W287
Plaintiff, PRELIMINARY JUDICIAL
REPORT
vs.
John Doe(s), Name(s) Unknown, the Unknown
heirs, devisees, legatees, beneficiaries of Nancy
M. Lanham, AKA Nancy Lanham and their
unknown spouses and creditors; and, the
unknown spouse of Nancy M. Lanham, AKA
Nancy Lanham, et al.
Defendants.
Attached hereto is a Preliminary Judicial Report regarding the above referenced case.
Angela D(Kirk (007517)
Ann Marie Johnson (0072981)
Michael E. Carleton (0083352)
Carla M. Allen (0100929)
Kimberly D. Fulkerson (0073756)
Kirsten E. Friedman (0096466)
Justin M. Ritch (0085358)
Kyle E. Timken (0071381)
Richard J. Sykora (0093134)
Manley Deas Kochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
Telephone: 614-220-5611
Fax: 614-220-5613
Email adk@manleydeas.com
Attorney for Plaintiff
24-004820_BAL
ES7
PRELIMINARY JUDICIAL REPORT
Issued by
Westcor Land Title Insurance Company
Guaranteed Party Name: ORDER NO. PJR-1-
Manley Deas Kochalski LLC OH1054 -15618984
I
Guaranteed Party Address:
P. O. Box 165028 FILE NO. 24-004820
Columbus, OH 43216-5028
Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in
judicial proceedings, Westcor Land Title Insurance Company (hereinafter "the Company")
hereby guarantees in an amount not to exceed $48,370.57 that it has examined the public records
in Clark County, Ohio as to the land described in Schedule A, that the record title to the land is at
the date hereof vested in the Unknown Heirs or Real Estate Beneficiaries of Nancy M. Lanham
aka Nancy Lanham, deceased, by instrument recorded dated July 8, 1988, filed July 12, 1988.
recorded in Official Records Volume 839, Page 445, Clark County, Ohio records, 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
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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: March 18, 2024 1
Issued By: Allodial Title, LLC
P. O. Box 165028
Columbus, OH 43216-5028
Signed:
pA ait C. Aleut9.
GailC. Hersh, Jr., Agent 7
24-004820_KMR1
Westcor Land Title Insurance|Company
Order no. PJR-1-OH1054 -15618984
PRELIMINARY JUDICIAL REPORT
SCHEDULE A
DESCRIPTION OF REAL ESTATE
Situate in the City of Springfield, in the County of Clark, and State of Ohio, and further
described as follows:
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Being part of the southwest quarter of Section 28, Township 5, Range 9, M.R.S.
t
Beginning at a stone in the center line of the Springfield-Selma Tumpike Road at the southwest
corner of the premises now (1939) owned by Bessie Thomas Keller, being the second tract
designated in the deed dated September 13, 1937, recorded in Vol. 311, at page 199, Deed
Records of Clark County, Ohio; thence running with said center line of said Road North 50° W.
43 feet to a public alley; running thence with the east line of said alley North 39 1/4° East 187
feet to the center of a 14 foot alley; thence with the center line of said last named alley South 50
3/4° East to the northwest corner of said Bessie Thomas Keller's premises; thence southwardly
along the westerly line of said Bessie Thomas Keller's premises 187 feet, more or less, to the
place of beginning.
SOURCE OF TITLE
TITLE AC UIRED BY:
Being the same property conveyed to Nancy M. Lanham aka Nancy Lanham who acquired title
by virtue ofa deed from Tusi Gene Lanham, divorced and unremarried, dated July 8, 1988, filed
July 12, 1988, recorded in Official Records Volume 839, Page 445, Clark County, Ohio records
NOTE: Affidavit of Facts Related to Title filed July 30, 2014, recorded in Official Records
Volume 2023, Page 435, Clark County, Ohio records,
Being the same property conveyed to Nancy Lanham who acquired title by virtue of a deed from
James S. Johnson, unmarried, dated December 14, 1976, filed December 17, 1976, recordedit
Official Records Volume 726, Page 85, Clark County, Ohio records.
and free from all encumbrances, liens or defects, except as shown in Schedule B.
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24-004820_KMR1
SCHEDULE B
The matters shown below are exceptions to this Preliminary Judicial Report and the Company
assumes no liability arising therefrom.
1 TAXES FOR THE YEAR 2023 AND 2024:
Assessed in the name of Nancy M. Lanham aka Nancy Lanham
Parcel Number: 3400700028308040
Physical Street Address: 916 Selma Road, Springfield, OH 45505.
TOTAL VALUATION: $15 790.00
Land Value: $2,400.00, Building Value: $13,390.00
The taxes for the first installment are paid in the amount of $380.46.
The taxes for the second installment are due in the amount of $380.46.
The Total amount due as of the effective date of this report (including delinquencies,
penalties and interest, if any) is $380.46.
The Treasurer has a first lien for taxes in an amount to be determined.
Taxes or assessments approved, levied or enacted by the State, County, Municipality,
Township or similar taxing authority, but not yet certified to the tax duplicate of the
County in which the land is situated, including any retroactive increases in taxes or
assessments resulting from any retroactive increase in the valuation of the land by the
State, County, Municipality, Township or other taxing authority.
Taxes for the year 2024 are undetermined and a lien, not yet due and payable.
Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee|
for BancOhio Financial, LLC, its successors and assigns, P.O. Box 2026, Flint, M]
48501, from Nancy M. Lanham aka Nancy Lanham, unmarried, in the amount o
$59,400.00, recorded on July 30, 2014 in Official Records Volume 2033, Page 439.
Glark County, Ohio records.
ais assigned to Fifth Third Bank, N.A., 5001 Kingsley, JMOBB1, Cincinnati, OH
45227, by Assignment recorded March 20, 2024 in Official Records Volume 2234:
Page 5178, Clark County, Ohio records.
An examination of the PACER index of the United States Bankruptcy Court, Northern
and Southern Districts of Ohio, reflects the following: No filings under the name of
Nancy M. Lanham aka Nancy Lanham.
24-004820_KMR1
Right of Way Vacation recorded on October 15, 2021 in Official Records Volume 18,
Page 451, Clark County, Ohio records.
Right of Way Vacation recorded on April 26, 2022 !in Official Records Volume 18, Page
462, Clark County, Ohio records.
Easements, conditions, reservations, covenants and restrictions affecting premises
described in Schedule A, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or natural origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Oil and gas leases, pipeline agreements or any other instruments related to the production
ot sale of oil and gas which may arise subsequent to the date of the Policy.
Coal, oil, natural gas, or other mineral interests and all rights incident thereto now or
previously conveyed, transferred, leased, excepted or reserved.
Subject to unfiled mechanic's and materialmen's liens which may be filed pursuant to
ORC. 1311.21(C).
10. Easements, liens or encumbrances or claims thereof, which are not shown by the public
record.
24-004820 KMR1
No examination has been made for any unpaid sewer or wat services.
This is a guarantee of record title only and is made for the use and benefit of all parties to said
proceedings, and the purchaser at judicial sale thereunder.
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Dated: March 18, 2024, at 7:59 am.
24-004820_KMR1
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CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1 Definition of Terms 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
"Guaranteed Party": The party or parties named herein or the purchaser actual notice|someone claims an interest in the Land covered by this
at judicial sale. Report.
“Guaranteed Claimant!': Guaranteed Party claiming loss or damage 5. Extent of Liability
hereunder.
The liability of the Company shall in no case exceed in all e amount
"Land": The land described specifically or by reference in Schedule A, stated hereinjand shall in all cases be limited to the actual loss, including
and improvements affixed thereto, which by law constitute real property; but not limited to attorneys fees and costs of defense, only of the
provided however the term “land” does not include any property beyond Guaranteed Party. Any and all payments under this Report shall reduce
the lines of the area specifically described or referred to in Schedule A, the amount of this Report pro tanto and the Company’s liability shall
nor any right, title, intérest, estate, or easement in abutting streets, roads, terminate when the total amount of the Report has been paid.
avenues, lanes, ways or waterways.
6. Options to Pay or Otherwise Settle Claims; Termination of Liability
"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 Company in its sole discretion shall have the following options:
the records of the clerk of the United States District Court, which impart
constructive notice of matters relating to real property to purchasers for a. To pay or tender to the Guaranteed Claimant the amount of the
Report or the balance remaining thereof, less any ¢ ittorneys
value without knowledge and which are required to be maintained in
fees, costs or expenses paid by the Company to the date of
certain public offices in the county in which the land is situated.
tender. If this option is exercised, all liability of the Company
Ie
2. Determination of Liability under this Report terminates including but not limited to any
liability for attorneys fees, or any costs of defense or
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This Report together with any Final Judicial Report or any Supplement prosecution of any litigation.
or Endorsement thereof, issued by the Company is the entire contract
between the Guaranteed Party and the Company. To pay or otherwise settle with other parties for or in the name
of the Guaranteed Claimant any claims guaranteed by this
clan
Any claim of: monetary loss or damage, whether or not based on Report.
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 To continue, re-open or initiate any judicial pros
restricted to this Report. order to adjudicate any claim covered by this Report. The
Company shall have the right to select counsel ofits choice
3. jability of Company (subject to the right of the Guaranteed Claimant t9 object for
This Report is a guarantee of the record title of the Land only, reasonable cause) to represent the Guaranteed Claimant and
disclosed by an examination of the Public Records herein defined. will not pay the fees of any other counsel.
4. Notice of Claim to be given to Guaranteed Claimant To pay or tender to the Guaranteed Claimant the gifference
between the value of the estate or interest as guaranteed and
In case knowledge shall come to the Guaranteed Party of any lien, the value of the estate or interest subject to the defect, lien or
encumbrance, defect, or other claim of title guaranteed against and not encumbrance guaranteed against by this Report.
excepted in this Report, whether in a legal proceeding or otherwise, the
Guaranteed Party shall notify the Company within a reasonable time in 7. Notices {i
writing and secure to the Company the right to oppose such proceeding All notices required to be given to the Company shall be given promptly
or claim, or to remove said lien, encumbrance or defect at its own cost. and any statements in writing required to be a to the Company
Any action for the payment of any loss under this Report must be shall be addressed to the Company.
commenced within one year after
' EXCLUSIONS FROM COVERAGE
‘The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical condition of the Lan
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. tt
The Company assumes no liability under the Report for matters affecting title subsequent to the date of this Report or the Final Judicial Report
orany supplement thereto.
The Company asfumes no liability under this Report for the proper form or execution of any pleadings or other documents to be filed in any
judicial Proceedings.
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The Company assumes no liability under this Report for any loss, cost, or damage resulting from the failure to complete service onjany parties
shown in Schedule B of the Preliminary Judicial Report and the Final Judicial foot or any Supplemental Report issued thereto
:
24-004820 KMR1
Form No. 7248435 Preliminary Judicial Report (09/01/2014)
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yy vine FILE IN THE COURT OF COMMON PLEAS CLARK COUNTY, OHIO | APR 0 4 2024 Common Pl as Court Melissa M. Tuttle, Clerk De eee eee eee ee eee tenet ener e ee eee een neal fee e eee eee e eee eee rene renee Fifth Third Bank, N.A. Case No. 24 W287 Plaintiff, PRELIMINARY JUDICIAL REPORT vs. John Doe(s), Name(s) Unknown, the Unknown heirs, devisees, legatees, beneficiaries of Nancy M. Lanham, AKA Nancy Lanham and their unknown spouses and creditors; and, the unknown spouse of Nancy M. Lanham, AKA Nancy Lanham, et al. Defendants. Attached hereto is a Preliminary Judicial Report regarding the above referenced case. Angela D(Kirk (007517) Ann Marie Johnson (0072981) Michael E. Carleton (0083352) Carla M. Allen (0100929) Kimberly D. Fulkerson (0073756) Kirsten E. Friedman (0096466) Justin M. Ritch (0085358) Kyle E. Timken (0071381) Richard J. Sykora (0093134) Manley Deas Kochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 Telephone: 614-220-5611 Fax: 614-220-5613 Email adk@manleydeas.com Attorney for Plaintiff 24-004820_BAL ES7 PRELIMINARY JUDICIAL REPORT Issued by Westcor Land Title Insurance Company Guaranteed Party Name: ORDER NO. PJR-1- Manley Deas Kochalski LLC OH1054 -15618984 I Guaranteed Party Address: P. O. Box 165028 FILE NO. 24-004820 Columbus, OH 43216-5028 Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings, Westcor Land Title Insurance Company (hereinafter "the Company") hereby guarantees in an amount not to exceed $48,370.57 that it has examined the public records in Clark County, Ohio as to the land described in Schedule A, that the record title to the land is at the date hereof vested in the Unknown Heirs or Real Estate Beneficiaries of Nancy M. Lanham aka Nancy Lanham, deceased, by instrument recorded dated July 8, 1988, filed July 12, 1988. recorded in Official Records Volume 839, Page 445, Clark County, Ohio records, 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: March 18, 2024 1 Issued By: Allodial Title, LLC P. O. Box 165028 Columbus, OH 43216-5028 Signed: pA ait C. Aleut9. GailC. Hersh, Jr., Agent 7 24-004820_KMR1 Westcor Land Title Insurance|Company Order no. PJR-1-OH1054 -15618984 PRELIMINARY JUDICIAL REPORT SCHEDULE A DESCRIPTION OF REAL ESTATE Situate in the City of Springfield, in the County of Clark, and State of Ohio, and further described as follows: 1 Being part of the southwest quarter of Section 28, Township 5, Range 9, M.R.S. t Beginning at a stone in the center line of the Springfield-Selma Tumpike Road at the southwest corner of the premises now (1939) owned by Bessie Thomas Keller, being the second tract designated in the deed dated September 13, 1937, recorded in Vol. 311, at page 199, Deed Records of Clark County, Ohio; thence running with said center line of said Road North 50° W. 43 feet to a public alley; running thence with the east line of said alley North 39 1/4° East 187 feet to the center of a 14 foot alley; thence with the center line of said last named alley South 50 3/4° East to the northwest corner of said Bessie Thomas Keller's premises; thence southwardly along the westerly line of said Bessie Thomas Keller's premises 187 feet, more or less, to the place of beginning. SOURCE OF TITLE TITLE AC UIRED BY: Being the same property conveyed to Nancy M. Lanham aka Nancy Lanham who acquired title by virtue ofa deed from Tusi Gene Lanham, divorced and unremarried, dated July 8, 1988, filed July 12, 1988, recorded in Official Records Volume 839, Page 445, Clark County, Ohio records NOTE: Affidavit of Facts Related to Title filed July 30, 2014, recorded in Official Records Volume 2023, Page 435, Clark County, Ohio records, Being the same property conveyed to Nancy Lanham who acquired title by virtue of a deed from James S. Johnson, unmarried, dated December 14, 1976, filed December 17, 1976, recordedit Official Records Volume 726, Page 85, Clark County, Ohio records. and free from all encumbrances, liens or defects, except as shown in Schedule B. | i i 24-004820_KMR1 SCHEDULE B The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. 1 TAXES FOR THE YEAR 2023 AND 2024: Assessed in the name of Nancy M. Lanham aka Nancy Lanham Parcel Number: 3400700028308040 Physical Street Address: 916 Selma Road, Springfield, OH 45505. TOTAL VALUATION: $15 790.00 Land Value: $2,400.00, Building Value: $13,390.00 The taxes for the first installment are paid in the amount of $380.46. The taxes for the second installment are due in the amount of $380.46. The Total amount due as of the effective date of this report (including delinquencies, penalties and interest, if any) is $380.46. The Treasurer has a first lien for taxes in an amount to be determined. Taxes or assessments approved, levied or enacted by the State, County, Municipality, Township or similar taxing authority, but not yet certified to the tax duplicate of the County in which the land is situated, including any retroactive increases in taxes or assessments resulting from any retroactive increase in the valuation of the land by the State, County, Municipality, Township or other taxing authority. Taxes for the year 2024 are undetermined and a lien, not yet due and payable. Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee| for BancOhio Financial, LLC, its successors and assigns, P.O. Box 2026, Flint, M] 48501, from Nancy M. Lanham aka Nancy Lanham, unmarried, in the amount o $59,400.00, recorded on July 30, 2014 in Official Records Volume 2033, Page 439. Glark County, Ohio records. ais assigned to Fifth Third Bank, N.A., 5001 Kingsley, JMOBB1, Cincinnati, OH 45227, by Assignment recorded March 20, 2024 in Official Records Volume 2234: Page 5178, Clark County, Ohio records. An examination of the PACER index of the United States Bankruptcy Court, Northern and Southern Districts of Ohio, reflects the following: No filings under the name of Nancy M. Lanham aka Nancy Lanham. 24-004820_KMR1 Right of Way Vacation recorded on October 15, 2021 in Official Records Volume 18, Page 451, Clark County, Ohio records. Right of Way Vacation recorded on April 26, 2022 !in Official Records Volume 18, Page 462, Clark County, Ohio records. Easements, conditions, reservations, covenants and restrictions affecting premises described in Schedule A, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or natural origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Oil and gas leases, pipeline agreements or any other instruments related to the production ot sale of oil and gas which may arise subsequent to the date of the Policy. Coal, oil, natural gas, or other mineral interests and all rights incident thereto now or previously conveyed, transferred, leased, excepted or reserved. Subject to unfiled mechanic's and materialmen's liens which may be filed pursuant to ORC. 1311.21(C). 10. Easements, liens or encumbrances or claims thereof, which are not shown by the public record. 24-004820 KMR1 No examination has been made for any unpaid sewer or wat services. This is a guarantee of record title only and is made for the use and benefit of all parties to said proceedings, and the purchaser at judicial sale thereunder. | Dated: March 18, 2024, at 7:59 am. 24-004820_KMR1 i CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1 Definition of Terms 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 "Guaranteed Party": The party or parties named herein or the purchaser actual notice|someone claims an interest in the Land covered by this at judicial sale. Report. “Guaranteed Claimant!': Guaranteed Party claiming loss or damage 5. Extent of Liability hereunder. The liability of the Company shall in no case exceed in all e amount "Land": The land described specifically or by reference in Schedule A, stated hereinjand shall in all cases be limited to the actual loss, including and improvements affixed thereto, which by law constitute real property; but not limited to attorneys fees and costs of defense, only of the provided however the term “land” does not include any property beyond Guaranteed Party. Any and all payments under this Report shall reduce the lines of the area specifically described or referred to in Schedule A, the amount of this Report pro tanto and the Company’s liability shall nor any right, title, intérest, estate, or easement in abutting streets, roads, terminate when the total amount of the Report has been paid. avenues, lanes, ways or waterways. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability "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 Company in its sole discretion shall have the following options: the records of the clerk of the United States District Court, which impart constructive notice of matters relating to real property to purchasers for a. To pay or tender to the Guaranteed Claimant the amount of the Report or the balance remaining thereof, less any ¢ ittorneys value without knowledge and which are required to be maintained in fees, costs or expenses paid by the Company to the date of certain public offices in the county in which the land is situated. tender. If this option is exercised, all liability of the Company Ie 2. Determination of Liability under this Report terminates including but not limited to any liability for attorneys fees, or any costs of defense or | This Report together with any Final Judicial Report or any Supplement prosecution of any litigation. or Endorsement thereof, issued by the Company is the entire contract between the Guaranteed Party and the Company. To pay or otherwise settle with other parties for or in the name of the Guaranteed Claimant any claims guaranteed by this clan Any claim of: monetary loss or damage, whether or not based on Report. 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 To continue, re-open or initiate any judicial pros restricted to this Report. order to adjudicate any claim covered by this Report. The Company shall have the right to select counsel ofits choice 3. jability of Company (subject to the right of the Guaranteed Claimant t9 object for This Report is a guarantee of the record title of the Land only, reasonable cause) to represent the Guaranteed Claimant and disclosed by an examination of the Public Records herein defined. will not pay the fees of any other counsel. 4. Notice of Claim to be given to Guaranteed Claimant To pay or tender to the Guaranteed Claimant the gifference between the value of the estate or interest as guaranteed and In case knowledge shall come to the Guaranteed Party of any lien, the value of the estate or interest subject to the defect, lien or encumbrance, defect, or other claim of title guaranteed against and not encumbrance guaranteed against by this Report. excepted in this Report, whether in a legal proceeding or otherwise, the Guaranteed Party shall notify the Company within a reasonable time in 7. Notices {i writing and secure to the Company the right to oppose such proceeding All notices required to be given to the Company shall be given promptly or claim, or to remove said lien, encumbrance or defect at its own cost. and any statements in writing required to be a to the Company Any action for the payment of any loss under this Report must be shall be addressed to the Company. commenced within one year after ' EXCLUSIONS FROM COVERAGE ‘The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical condition of the Lan 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. tt The Company assumes no liability under the Report for matters affecting title subsequent to the date of this Report or the Final Judicial Report orany supplement thereto. The Company asfumes 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 onjany parties shown in Schedule B of the Preliminary Judicial Report and the Final Judicial foot or any Supplemental Report issued thereto : 24-004820 KMR1 Form No. 7248435 Preliminary Judicial Report (09/01/2014)