Complaint,Petition: AMANDA SIMMONS VS DONALD T BOOTH

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                                ELM, HORRIGAN
23 FER 28 ALLE 10

 

ouiMiATT COUNT
CLERK OF CS

cht UE

  

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO

AMANDA SIMMONS
PO Box 63
Wadsworth, OH 44282

Plaintiff,
v.

DONALD T. BOOTH aka
DONALD BOOTH

309 South 22™ Street
Altoona, PA 16602

-and-

JANE DOE, UNKNOWN SPOUSE OF
DONALD T. BOOTH aka

DONALD BOOTH

309 South 22™ Street

Altoona, PA 16602

-and-
CITIMORTGAGE, INC.
1000 Technology Drive
O'Fallon, MO 63304 ”

Defendants.

gou3 03 1220

Case Noll

Judge

ASSIGNED TO JUDGE ‘STORMER

 

COMPLAINT FOR DECLARATORY JUDGMENT AND QUIET TITLEPlaintiff Amanda Simmons, by and through undersigned counsel, for her
Complaint for Declaratory Judgment and Quiet Title against Defendants Donald T. Booth
aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth
and CitiMortgage, Inc., states as follows:

1. Defendant Donald T. Booth aka Donald Booth is the former owner of real
property commonly known as 49 19" Street, Barberton, Ohio (“subject property”),
having acquired the entire fee simple interest in said property via General Warranty Deed
filed for record as Summit County Inst. No. 54553378. A true and accurate copy of the
General Warranty Deed is attached hereto as Exhibit A.

2. On or about November 4, 2010, Defendant CitiMortgage, Inc. commenced
Summit County Case No. CV 2010 11 7469, styled CitiMortgage, Inc. v. Donald T.
Booth aka Donald Booth, et al. (“Foreclosure Case”), seeking judgment on a certain
promissory note and foreclosure of the subject property. A true and accurate copy of the
Complaint is attached hereto as Exhibit B. ,

3. In the Foreclosure Case, Defendants Donald T. Booth aka Donald Booth and Jane
Doe, Unknown Spouse of Donald T. Booth aka Donald Booth were served with process
via FedEx and/or other commercial carrier service prior to adoption of amended Civ. R.
4.1 on July 1, 2012.

4. On or about January 28, 2011, the Court in the Foreclosure Case entered a
Judgment Entry purporting to foreclose any/all interest of Defendants Donald T. Booth
aka Donald Booth and Jane Doe, Unknown Spouse of Donald T. Booth aka Donald
Booth in the subject property. A true and accurate copy of the Judgment Entry is attached

hereto as Exhibit C.5. Defendant CitiMortgage, Inc. was the successful bidder at sheriffs sale. A true
and accurate copy of the Return of Order of Sale is attached hereto as Exhibit D.

6. On or about September 1, 2011, the Court in the Foreclosure Case entered a
Judgment Entry Confirming Sale and Order Distribution that ordered the execution and
delivery of a Sheriff's Deed to Defendant CitiMortgage, Inc. A true and accurate copy of
the Judgment Entry Confirming Sale and Order Distribution is attached hereto as Exhibit
E.

7. On or about October 13, 2011, a Sheriff's Deed from Drew Alexander, Sheriff of
Summit County, Ohio, conveying the subject property to Defendant CitiMortgage, Inc.
was recorded as Summit County Inst. No. 55810038. A true and accurate copy of the
Sheriff's Deed is attached hereto as Exhibit F.

8. Shortly after recordation of the Sheriff's Deed, Plaintiff Amanda Simmons
agreed to purchase the subject property from Defendant CitiMortgage, Inc.

9. On or about January 17, 2012, Defendant CitiMortgage, Inc., executed and
delivered a Special Warranty Deed to Plaintiff Amanda Simmons, said Special Warranty
Deed being filed for record as Summit County Inst. No. 55834324. A true and accurate
copy of the Special Warranty Deed is attached hereto as Exhibit G.

10. On or about October 25, 2012, the Court in the Foreclosure Case entered an Order
vacating the Judgment Entry Confirming Sale and Order Distribution, vacating the
Sheriff's Sale and vacating the January 28, 2011 Judgment Entry. A true and accurate
copy of the Order is attached hereto as Exhibit H.

11. Plaintiff Amanda Simmons is an actual and/or constructive possession of the

subject property under color of title via the Special Warranty Deed.12. Plaintiff Amanda Simmons has an equitable interest in the subject property.
13. Plaintiff Amanda Simmons has no adequate remedy at law.
14, Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of
Donald T, Booth aka Donald Booth and CitiMortgage, Inc. may have or claim to have an
interest in the subject property that is adverse to Plaintiff Amanda Simmons.
1S, Plaintiff Amanda Simmons is entitled to a declaratory judgment quieting the
interest of Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse
of Donald T. Booth aka Donald Booth and CitiMortgage, Inc. relative to the subject
property, or, in the alternative, is entilled pursuant to R.C. Section 2329.46 to step into
the shoes of Defendant CitiMortgage as against any/all interest that Defendants Donald
T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald
Booth and/or CitiMortgage, Inc. have or claim to have in the subject property.
WHEREFORE, Plaintiff Amanda Simmons respectfully demands a declaratory
judgment quieting the interest of Defendants Donald T. Booth aka Donald Booth; Jane
Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and CitiMortgage, Inc.
relative to the subject property, or, in the alternative, a declaratory judgment pursuant to
R.C. Section 2329.46 that Plaintiff be entitled to step into the shoes of Defendant
CitiMortgage as against any/all interest that Defendants Donald T. Booth aka Donald
Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and/or
CitiMortgage, Inc. have or claim to have in the subject property, together with all other

telief, legal and equitable, that Plaintiff is entitled.Open.17487.30535, 12639620-1

Respectfully Submitted,

PLUNKETT COONEY

 

Amelia. Bower (0013474)
David Van Slyke (0077721)

300 East Broad Street, Suite 590
Columbus, Ohio 43215
614/629-3000; 614/629-3019 fax
abower@plunkettcooney.com
dvanslyke@plunkettcooney.com(Page 1 of 1)

AMERICA'S CHOICE TITLE AGENCY, we.

3205 BRETTON ST. NW
NORTH CANTON, OH 44720

GENERAL WARRANTY DEED

See Section 5302.05 and 5302.06 Ohio Revised Code

KATHERINE R. BOOTH AND DONALD BOOTH, Wife and husband, for
valuable consideration paid, grant(s) with general warranty
covenants ,to DON: T. BOOTH, whose tax-mailing address ia

 

SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE
OF OHIO:

ACTA # AS

KNOWN AS BEING LOT NUMBER EIGHTY-EIGHT (88) IN THE A.A. MOORE’S
PEERLESS ALLOTMENT, AS RECORDED IN PLAT BOOK 7, PAGE 35 OF THE
RECORDS OF SUMMIT COUNTY, OHIO.

 
   
  

  

 

 

 

 

 

 

eed
\ C 3
“Opp Hs 01-01235 je) Yo.
GORY #s 080007704006000 TRANSFERRED IN COMPLIANCE WITH
. __ SEC. 319.202 REV. CODE
SS PRIOR REFERENCE NUMBER: VOLUME 5427, PAGE B93¢ 5 7000.0 | Aap-cd
} - FEE
\q Witness our hands this 257 day of May, 2001 FRANK WILLIAMS ator /
County Auditor Qeptiy Attar
SS signed & acknowledged
Ss Zz
oS
i
!
° A APET DONALD BOOTH
453976
ebFeesze0) 1p:268
State of OHO, STARK County, 35 MET eee ee ee omer oF i400)

BE IT REMEMBERED, that on thia 25™ day of May, 2001, before me,
a Notary Public in and for said state, personally came KATHERINE R.
BOOTH AND DONALD BOOTH, Wife and husband, the Grantors in the
foregoing deed, and acknowledged the signing thereof to be their
voluntary act and deed.

IN TESTIMONY THEREOF, I have hereunto subscribed my name and
affixed my notarial seal on the day and year last aforesaid.

 

 

EXHIBITCOPY’

. Barberton,

SANEL M. HOBRIGAN
2O10HOV i) AMIN: 26

SUMMIT COUNTY
CLERK OF COURTS

F10-04052 RJC/jbk

November 2, 2010

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO

CitiMortgage, Inc. successor by
merger to Citifinancial Mortgage
Company, Inc.

1000 Technology Drive

O'Fallon, Missouri 63304

Plaintiff

-vs-

Donald T. Booth aka Donald Booth
309 South 22nd Street
Altoona, PA 16602

Also serve at:
49.19th Street Nw
Ohio 44203

Also serve at:
305 Beamer Drive
Duncansville, PA 16635

Also serve at:
2495 Skelp Mountain Road
Altoona, PA 16601; and,

Jane Doe, Unknown Spouse, if any
of Donald T. Booth aka Donald Booth
309 South 22nd Street

Altoona, PA 16602

\
2010 11 7469
CASE NO.
PPN: 0101235

JUDGE JUDGE MARY MARGARET ROWLANDS
COMPLAINT FOR FORECLOSURE

AND

NOTICE UNDER THE FAIR DEBT
COLLECTIONS PRACTICES ACT

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)COPY:

Also serve at:
49 19th Street NW
Barberton, Ohio 44203

Also serve at:
305 Beamer Drive
Duncansville, PA 16635

Also serve at:
2495 Skelp Mountain Road
Altoona, PA 16601

Defendants
FIRST COUNT
1. Plaintiff says that it is the holder of a certain

promissory note a copy of which is hereto attached, marked
EXHIBIT “A” and made a part hereof; that by reason of default in
payment of the said note and mortgage securing same, it has
declared said debt due; that there is due and unpaid thereon the
sum of $76,097.96 plus interest at the rate of 9.84% per annum
from April 25, 2010. Plaintiff further says that it has complied

with all conditions precedent as set forth in the Note and

Mortgage.
SECOND COUNT
2. Plaintiff incorporates herein by reference all of the

allegations contained in its first count, and further says that
it is the holder of a certain mortgage deed, securing the
payment of said promissory note, a copy of which is attached

hereto, marked EXHIBIT “B”, and being Permanent Parcel #0101235,CORY"

and made a part hereof; that said mortgage is a valid and First
lien upon said premises.

3. Plaintiff says that the conditions of said mortgage
have been broken by reason of default in payment, and the same
has become absolute; that the Defendants named in the Complaint,
have or claim to have an interest in the premises described in
EXHIBIT “By”,

4. Plaintiff says that pursuant to the covenants and
conditions of said mortgage deed it may, from time to time
during the pendency of this action, advance sums to pay real
estate taxes, hazard insurance premiums and property protection
and maintenance.

5. Plaintiff says that the Defendants, Donald T. Booth
aka Donald Booth and Jane Doe, Unknown Spouse, if any, of Donald
T. Booth aka Donald Booth, have er claim to have an interest in
the premises.

WHEREFORE Plaintiff demands judgment against the
Defendant Donald T. Booth aka Donald Booth in the sum of
$76,097.96 plus interest at the rate of 9.84% per annum from
April 25, 2010; that the Defendants named herein be required to
answer and set up any claim that they may have in said premises
or be forever barred; that the Plaintiff be found to have a
valid and first lien on said premises for this amount so owing
together with its advances made pursuant to the terms of the

mortgage for real estate taxes, hazard insurance premiums, andCORY

the premises be ordered appraised, advertised, and sold
according to law, and that from the proceeds the Plaintiff be
paid the amount found due it, and for such other and further

relief as equity entitled it to receive.

a

REIMER, ARNOVITZ, CHERNEK-@———__
JEFFREY CO., L.P.A.

Ronald J. Chernek (0041431)

Douglas A. Haessig (0079200)

P.O. Box 968

2450 Edison Blvd.

Twinsburg, OH 44087

Phone: (330) 425-4201 Ext. 152

Fax: 330-405-1078

Email: rchernek@reimerlaw.comCOPY

NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT

If your name appears as a Defendant in this Complaint, the
following notice applies to you.

The purpose of the attached documents is to collect a debt. Any
information you provide to Reimer, Arnovitz, Chernek & Jeffrey
Co., L.P.A., will be used for that purpose.

The amount of the debt is stated in paragraph one of this
Complaint.

The plaintiff as named in this Complaint is the creditor to whom
the debt is owed.

The debt described in the Complaint and evidenced by the copy of
the note attached hereto will be assumed to be valid by Reimer,
Arnovitz, Chernek & Jeffrey Co., L.P.A., unless, within thirty
days after the receipt of this notice, you dispute the validity
of the debt or some portion thereof.

If you notify Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A.
within thirty days of the receipt of this notice that the debt
or any portion thereof is disputed, Reimer, Arnovitz, Chernek &
Jeffrey Co., L.P.A., will obtain a verification of the debt and
a copy of the verification will be mailed to you by Reimer,
Arnovitz, Chernek & Jeffrey Co., L.P.A.

If the creditor named as plaintiff in this Complaint is not the
original creditor, and if you make a request to Reimer,
Arnovitz, Chernek & Jeffrey Co., L.P.A., within thirty days from
the receipt of the notice, the name and address of the original
creditor will be mailed to you by Reimer, Arnovitz, Chernek &

Jeffrey Co., L.P.A.

Any written requests should be addressed to Reimer, Arnovitz,
Chernek & Jeffrey Co., L.P.A., P.O. Box 968, Twinsburg, Ohio
44087.

This is an attempt to collect a debt and any information
obtained will be used for that purpose.COPY: , : 7. EXHIBIT A

 

 

 

 

 

 

 

 

 

 

NOTE
LENDER: BORROWER: Ll
. DONALD BOOTH flog
49 19TH ST
CitiFinancial Morigage Company, inc. BARBERTON, OH 44203
3 Summitt Park Orive, Suite 125 :
Independence, Ohio 44131-2582
TOR BATE FARCPAT TRTGRTY EXE AND
Fiat Parvin OATE
05062 $81,700.00 95/25/32 ;
“1” "me" and “my” refer to the borrawer(s) named above. “Yau" and “your* refer to the lender named above.
REPAYMENT —_| promise to pay you, at your office, the address of which is shown above, or at 2 different place if required by |
you, the Peincipal sind above logetter wit interest calculated at te Agroed Rats af Interest shown belew ust
fully paid.

| will repay my foan by making the monthly payment set forth in the Payment Schedule below. Payments will be
made on the same date of every month beginning on the first payment date unti the loan is fully paid. If there is
No Such date in any month that follows, payment will be made on the last day of that month,

My monthly payments will be applied to interest before principal. If| stl! owe amounts under this Note on the
Maturity Date, Iwill pay those arrounts in fullon that date.

Payments) in the amount(s) shown below will be due manthly as shown below.

AMOUNT... same DWE, DATE(S)...
ees ____ Beginning. 0828/2002 _,
RIAL —— Beginning __N/A
BIA Beginning NA
BIA —_— Beginning___NIA

Allamounts owed will be due and payable on the Final Payrent Date shown above.

     

 

My loan is payable In full at the end of 30 year(s). A payment of $ and all other
amounts owed will be due and payable on the Final Payrent Date shawn above,

AGREED RATE — The Agreed Rate of Interest an my loan is 9.840 % exceptas stated below.

 

 

 

OF INTEREST
OD itthis 00x is checked, the following pravision epplies.
From the effective date(s) shown below and for monihs thereatter, the Agreed Rate of Interest on
my Joan wil be:
AGREED RATE
OF INTEREST EFFECTIVE DATE _
% Beginning _O5/5°2002__
% Beginning NIA
% Beginning___NA___,
‘Then the Agreed Rate of Interest will be that tirst stated above.
agree to pay interest on the principal balance recraining after the Maturity Date shown above at the Agreed |
Rate of interest in etfect on that date, untl the Joan is paid in full,
DEFAULT | will be ia cefautt if | fail to pay any payment or part of a payment on time or if | fail to comply with any of the
lems of the Real Estate Mortgage on the real estate given as security for this loan.
It delault, you have the eight to declare the entre unpaid amaunt of my loan imerediate'y due and payable
without giving me notice of the default or asking me to pay. If you daciare the belance c! my loan cue and
payable, you have the rights and remedies provided far in the Real Estate Mortgage tha: secures this loan,
including the right to require me to pay any deficiency. '
LATE a payments not paid in full within ten (30) days of its due date, | will pay you @ late charg> equal to five (5%)
CHARGES: parcent of the late payrnent or $15.00, whichever is greater.

PREPAYMENT Ihave the right to make prepayments of principal at any time, When | make a prepayment i will ell you on my -
payment coupon. All prepaycrents wil be apalied tp applicable charges with the rerrainder to principal. t] make
2 princigal prepayment there will be no changes in the due cates or changes to the amount of my monthly
Bayer uriess you agree in walingt tose delays or changes, I! repay In ul, no parce loan fee wie
refunded.

-\Z Page 1 of 2

NOTICE: See additional pages for additional loan terms.
rem 28246u1 (0198) aysCOPY’

PREPAYMENT
PENALTY

BAD CHECK
CHARGE,

DELAY IN
ENFORCEMENT

SECURITY
FOR THIS
LOAN

ARBITRATION:

 

 

1 this box ts checked, the following provision qppiles. if this box Is not checked, | have contracted
with lender for an Increased agreed rate of interest and no prepayment penalty

te prepay this loan in ull prior fo tee years afer the date of the Toan, | agree to pay a prepayment penalty as
lows: .

3% of the original principal amount if prepaid prior ty one year after the date of the loan;

2% of the original principal ammount if prepaid fromone year but prigr to two years after tke date of the loan;

1% of te orginal principal amount prepeld trom two years but ror to three years sf the dete a be
ani

However, the prepayment penalty will not be charged if! prepay the joan in full with the proceeds of another
foan from you o7 one cf your affdiates, ft the loan is paid in full as a result of the sale of the real estate that
secures the foan, or If the loan is paid In full with the proceeds of life insurance insuring one or more ol the
Borrowers, or insurance that covers loss, carnage, or destruction of the real estate that secures the foan.

 

 

If any check or other insturnent given as payment on this intebtedness is dishonored, | agree to pay a service
charge of $20.00 plus any amount you are charged by a bank or other depository insttution for the retum of any
such unpaid or dishonored insgurrent.

‘You can delay enforcing your rights under this Note without losing them if! delault in complying with any of the
terms of my foan and you do not deciare the ioan balance Immediately cue and payable, this does netmeen you
cannotdo so in the future if default again.

I give you a Real Estate Mortgage dated the sarre date as this Note to assure payment of my loan. The Real
Estate Mortgage covers my realestate at 49 19TH ST, BARBERTON, OH 44203

‘The parties have on this date entered into a separate Arbitation Agreement, the terms of which are incorporalsd
herein and made part hereof by reference.

The Federal Altematve Mortgage Transaction Parity Act of 1982 and the Federal Depository Institutions Deregulation and Monetary
Control Act of 1980 govem the provisions of this loan with respect to the interest rate, the loan lee, and the final balloon payrent
and preempt any state laws regulating these provisions.

BY SIGNING IN THE SPACE BELOW, | ACKNOWLEDGE THAT | HAVE RECEIVED A FULLY COMPLETED COPY OF THIS
NOTE,

BF

op x Dons) Boa ws

Zor Mia
GF Witn@iGNALD BOOTH

 

I7eM 251asL2 (0705)

Witness

Page 2 of 2

NOTICE: See additional pages for additional loan terms.
‘vars

 

Date

Datecopy 8 “EXHIBIT B.,

   

MIRPICA'S CHOICE TITLE AGENCY, nol f

2755 PRETTON STREET NW
“UPANTOM OHIO 44720

Ol- IOISv GAdP-sT

 

 

za

IVT MONIAN Be838492

REAL ESTATE MORTGAGE

‘This mortgage made on05/08i02 between DONALD. BOOTH , (LA Mer rizO
whose address ip 49 19TH ST, BARBERTON. OK 44203 ’

herein referred to as MORTGAGORS andeltFinancial Morigage Company, Inc. whose address is
3 Summit Park Drive, Suite 125, independence, Ohio 44131-2587
Feein referred to 08 MORTGAGEE.

WITNESSETH Mortgagors joindy arc severally grore, bargain, sell, cormey and mortgage t Morigagee, its successars and aastans,
shoal popes ever ecb om ry Lr te pyrene of Now fevers how in pve amo of
6 }, together with interest as provided in the Note.

The property hereby mortgaged. ard described below, includes improvements and fixtures now atached, together with ensemarts,
rights, privileges, Inierests. rents, and profits. The instrament under which the Mortgepors dbtained title i such propery ts recorded In
Book No, at Page «in the Office of the Recorder of SUMMIT County, Sate of
Cho.

TO HAVE AND TO HOLD the sald propery Feveinafter described with all the privileges ard eppurtenances thereuro belonging
mio Mortgagte, ft successors and assigre, forever, ard Mortgngors hereky covenant that Mertgagors are seized of good and perfect tte to
said property Ia fee simple and have authority to convey the same, thet the bie 30 comreyed is clens, free and urenctarbered except ms _
ereiralter appears, and that Mortgegors wll fonwver warrart ani! defend the sare urin Mortgage against all claire wiatsoever except
those prior ercunrbrarces, Uf any, hereirefter shown.

u ors shall fully perform all the terms ard conditions of this Mortgage ard shall pay in full, In accordance with its tenes, the
obiigations which this Mortgage secures, then this Mortgage ahail be mul, void and of ro further farce and effect

MORTGAGORS AGREE: To keep the mortgaged property, including the buildings ard improvements thereon. fully insured at all
‘icres agairet all hazards with an insurance company authorized to do business in the State of Ohio accepsable to Mortgagee, which policy
stall contain a loss-payable clause in favor of Mortgage as its interest may appear, end if Mortgagors fail so tn do, they hezeby authorize
Mortgagee bo Insure or renew irourarce on said property in 4 sur not exceeding the amount of Mortgagors’ irclebtecress for a period not
exceeding the term of such indebiedness, ard to charge Mortyagors with the premium theron. or to add swh premium te Mortgagors’
indebredtress, Uf Mortgages elects is waive such irsurerce, Mortgagors agree to be fully responsible for damage or lass resulting fram ary
cause whatsoever, Mortgagors agree that any sure advanced cr expended by Mortgagee for the protection or preservation of the property
ahll be repaid upon errand and if not so paid shall be secured hereby. Mortgagors further agree. To pay ali taxes, assessments, tills for
repairs and any other expenses incident to the ownership of the rortgaged property when dus in order that no lien superior ty that of this
Morgoge are! rot row existing may be created against the property during ihe term oF this Morigage, and pay, when due, all irwtallorenis of
ingerest and prineipa! on account of any indebtedness which ray be secured by a Lien superior to the lien of this Mortgage and existing on
the date hereof, If Martgagors fail to rake ary of the foregoing payments, they hereby authorize Martgagre to pay the same on their
boobalf, ard to charge Mortgagors with the arrounts so paid, ackiing the sare to Mongago:s’ Incbtedness secured hereby. To exercise due
diligerce in the operation, traragarert and occupation of the mortgaged property end imrgroverrents thereon and rot to commit ar allow:
waste on the mortgaged premises, and to keep the mortgaged property in its presert condition and repair, normal and ondinaxy depreciation
excepted

Te defnule be made in the teres oF conditions of the debt or debts hereby secured or of any of the terms of this Mortgage, or in the
paytrent of any installment when due, or if Mortgagors shal! becotre bankrupt or insolvent, or meke on assigrmert for the benefit of
“Frodo, or have a mceiver appoired or should te orangedt property ox ay Fat rere be alached levied upon or sean or wy of
the representations, wananties or statements of Martgagors herein be incorrect or if the Mortgagors shall abersion the mostgaged property,
cor sell of atiemgt io sell oll or any par of th sare, then the whole amowy hemby secured shell, at Martgagee's option, become
imeeedtately due and payable, without rotice of derrard, are shall be collectible in w st at law or by foreclosure of this Mortgage. In any
cece, reguitiess of such enforcement, Mertgagse shall be ersed to the imenediam prasession of the me:tynged property with the rents,
issues, income and profits therefrom, with or Without foreclosure or other procendings. fn the evert of foreclosure of this Mortgage,
Mortgngor will pay to Mortgagre a reasoruble fee for the search rrade and preparation for such foreclosure, including experses, fees, ard
payments made to prevent cr remove the imposition of liens cr claim against the property and experses of upkeep and repair race in order
to place te same ina condition be sold.

SD
weve oomExhibit A

Legal Description
File Number: 01-10152
SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE OF OHIO:

WOIOWN AS BEING LOT NUMBER EIGHTY-ZIGHT (83) IN THE A.A. MOORES’ PEERLESS ALLOTMENT, AS
RECORDED IN PLAT BOOK 7, PAGE 36 OF THIS RECORD OF SUMMIT COUNTY, OHIO

AKA; 49 19TH ST NW BARBERTON, OHIO 44203

PARCEL NO. 01-01235; RTH 08000770a006000

§4698432

Pr ae2 sen

  

 

 

 

OAM

 

 

End Of Legai DescriptionCOPY: »

+ NO failure on the purt of Mortgagre to exercise any of its rights hereunder for defaults or breaches of coverart shall be corsizued to
Prejudice ss rights In the event of any other or Fubeeqvent defaults or breaches of coverurt, and no delay on the part of Morgagee in
‘exercising any of such rights shall be continued ® preclude It from the exercise thereof at any time dining the cortinunrece of ary sich
default or bachof coverert, and Mortgagee may enforce any ore or mare remedies hereunder successively ox concurrently at its option.

All rights and obligations hereurder sell extend im ard be binding upon the several fei, sucesso, exacutom, adkinistaoes ard
assiga of the parties hereto,

‘The use of the words “Mortgagors” and “Mortgages” throughout this egreerremt includes the singular and the piural, the male, female
and revter and shall be road as his, hes, their or its £5 the case ray be,

‘The rea} property hereby mortgaged is located in SUMMIT : Conmty, State of Ohio, and
is described as fellows:

‘See Exhibit A attached herets, incorporated herein and made a part hereo!.
Tide to said property is cle, free and unencumbered except
NONE

IN WITNESS WHERECF, Mortgagorg have executed this Mortyage on Ee day above shown,

spe? BS

wines BONALO BOOTIT

 

a moe
Thieme ee repaedty CIT ane al

 

ACKNOWLEDGMENT BY INDIVIDUAL

STATE OF OHO, COUNTY OF = Summit
4 ay Fb tw fer ad uy and a heey cry ton 6th ayer
May 2002 ‘before ere persorully appeared Donald Booth
: Nore wel krctn 0 be the erica nev) named in end who executed the within ee foregoing esto
srclackrowledged tut "sige waled ard deivendiesre as fre act ard dood fr fe uses pupenes and ccralderation therein werviored

IN WITNESS HEREOF, | have hereurtn set my hard wraialfixed ary oificial sal the day aint yon aforesaid 6b Fo

 
    
 

 

px tyers, Notary Pubtie
ee Mycommisimeries Tae erie Sr of Ob
‘Notary Publ \ My Comino ‘Rapires Jae. +4, 200
ATTESTATION BY WITNESSES.
STATE OF CHIO, COUNTY CF SUMMIT 38:

Fervor spear! before me, the under greet a Nowy Public In andforasldcony, adsl Donald Booth
ad the suecatbing weston t che foregoing inetranet, who are personaly krown oer,
cul who, having been by wr fst chy swear, depuse ane ay that they swihewihinremed Donald Booth mt

whose narre() are subscribe io te foregoing fretnarent, stg ar ceiver the ssare onthe de therein

trertioned and that they, these effants, subscribed their nlsres a3 wilness thereto in the presence of s2id, ad
wl 54698432

GEN TULARE

 

 

 

 

‘SUNMIT CO aud) Witness

Swam to and nubecribed befor me this 6 th sycl May 2002 - wae
a : maa
fo se 4 tnend for:
ory Rak ‘ Ce on
ao ey /

wren Zagse12 201) nase

 

Larry Myers, NotaryCOROLD

F10-04052 November 24, 2010

 

dU JAN 28 AN 9: 13

SUMMIT COUNTY
CLERK OF COURTS

 

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO
CitiMertgage, Inc. successor CASE NO. CV2010117469 Y
by merger to Citifinancial
Mortgage Company, Inc. JUDGE Mary Margaret Rowlands

Plaintiff

JUDGMENT ENTRY

Donald T. Booth aka Donald

)

)

)

)

)

. )

“Vs~ )
)

)

Booth, et al. )
)

)

Defendants

 

THIS CAUSE was submitted to the Court and heard upon the
Complaint for Foreclosure of the Plaintiff, and the pleadings.

The Court finds that all necessary parties have been served
with summons according to laws and are properly before the
Court; that the Defendants, Donald T. Booth aka Donald Booth,
and Jane Doe, Unknown Spouse, if any, of Donald T. Booth aka’

Donald Booth, are in default of Answer ox other pleading and

|

¥COPY

thereby confess the allegations of the Complaint to be true, and
said Defendants are forever barred from asserting any right,
title or interest in and to the hereinafter described premises.

The Court finds that there is due the Treasurer of Summit
County, Ohio, taxes, accrued taxes, assessments and penalties on
the premises hereinafter described, as shown on the County
Treasurer’s tax duplicate, the exact amount being
unascertainable at the present time, but which amount will be
ascertainable in accordance with Ohio Revised Code Section
323.47; which are a valid and subsisting first lien thereon for
that amount so owing.

The Court finds on the evidence adduced that there is due
the Plaintiff on the promissory note set forth in the First
Count of the Complaint, the sum of $76,097.96, plus interest
thereon at the rate of 9.84% per annum from April 25, 2010, for
which sum, judgment is hereby rendered in favor of the Plaintiff
against the Defendant, Donald T. Booth aka Donald Booth.

The Court further finds that in order to secure the payment
of the promissory note aforesaid, the Defendant, Donald T.
Booth, unmarried, executed and delivered to Citifinancial
Mortgage Company Inc. their certain mortgage deed as in the
Second Count of said Complaint described, thereby conveying to

it the following described premises:COPY

SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”.

Said premises also known as
49 19th Street NW, Barberton, Ohio

PP# 0101235

That said mortgage was duly filed with the Recorder of
Summit County on May 10, 2002, and was by him thereafter
recorded in File No. 54698432 of the Mortgage Records of said
County, and thereby became and is a valid first mortgage lien
upon said premises, subject only to the lien of the Treasurer
for taxes; that said conditions in the mortgage deed have been
broken, and the same has become absolute and the Plaintiff is
entitled to have the equity of redemption and dower of the
Defendants, Donald T. Booth aka Donald Booth, in and to the said
premises foreclosed.

Plaintiff has and will from time to time advance sums for
taxes, insurance and property protection. The Plaintiff has the
first and best lien for these amounts in addition to the amount
set forth above. The Court makes no finding as to the amounts
of the advances and continues same until the confirmation of

sale,COPY

It is therefore ORDERED, ADJUDGED, AND DECREED that unless
the sums hereinabove found due, together with the costs of this
action, be fully paid within three (3) days from the date of the
entry of this decree, that equity of redemption and dower of the
Defendants, Donald T. Booth aka Donald Booth, in and to said
premises shall be foreclosed, and said premises sold, and that
the Plaintiff may issue an order of sale directed to the Sheriff
of Summit County, directing him to appraise, advertise in a
paper of general circulation within the County, and sell said
premises as upon execution and according to law, free and clear
of ‘the interest of all parties to this-action.

It 1S FURTHER ORDERED that the Sheriff, upon confirmation
of said sale, shall pay from the proceeds of said saie, upon the
claim found herein, the amounts thereof in the following order
of priority:

1, To the Clerk of this Court, the costs of this action,
including the fees of appraisers;

2. To the Treasurer of this County, the taxes and
assessments, due and payable as of the date of transfer of the
property after Sheriff's Sale;

3. To the Plaintiff, the sum of $76,097.96 with interest
at the rate of 9.84% per annum from April 25, 2010 together with

advances for taxes, insurance and amounts otherwise expended,

plus costs.COPY

 

4, The balance of the sale proceeds, if any, shall be
paid by the Sheriff to the Clerk of this Court to await further
orders of this Court.

The Court further finds that there is no just reason for delay.

RECORD IS HEREBY ORDERED.

 

Mary Margaret Rowlands, JUDGE

APPROVED BY+

   

 

REIMER;-ARNOVITZ, CHERNEK

& JEFFREY CO., L.P.A

By: Ronald J. Chernek (# 0041431)
Attorney for Plaintiff

P.O. Box 968

Twinsburg, Ohio 44087

(330} 425-4201

Fax (330) 487-0923COPY

P10-4617/ F10-04052
LEGAL DESCRIPTION

Situated in the City of Barberton, County of Summit and State of Ohio:

Known as being Lot Number Eighty Fight (88) in the A.A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.

Page lof |ORDER OF SALE
REVISED CODE, SEC. 2329.09-17-53

#201 1-0385

CV 2010 41 7469 a
THE STATE OF OHIO, SUMMIT COUNTY. COMMON PLEAS COURT
TO THE SHERIFF OF SAID COUNTY: SUMMIT

WHEREAS, AT A TERM OF THECOMMON PLEAS COURT, HELD AT THE COURT HOUSE IN
AND FOR SAID COUNTY, ON THE 26TH DAY OF JANUARY A.D. 2011

CITIMORTGAGE, INC.

OBTAINED A JUDGMENT AND DECREE AGAINST
DONALD T. BOOTH AKA DONALD BOOTH

FOR THE SUM OF $76,097.96 ETC. DOLLARS,

AND (SEE CLERK) DOLLARS, COSTS OF SUIT, INCASENO. ey 2010117469

AND WHEREAS, IT WAS THEN AND THERE BY SAID COURT ORDERED, ADJUDGED AND
DECREED THAT THE SAID

DONALD T. BOOTH AKA DONALD BOOTH

WITHIN, THREE DAYSFROMTHE 28TH DAY OF JANUARY , 2011,
PAY UNTO THE SAID CITIMORTGAGE, INC.

THE SAID SUMOF $76,097.96 DOLLARS,

WITH INTEREST AT 9.84 PERCENTFROMTHE 25TH DAYOF APRIL 2010

AND COST AFORESAID; AND UPON DEFAULT TO PAY THE SAME, THAT AN ORDER OF SALE !SSUE
TO THE SHERIFF OF SAID COUNTY, COMMANDING HIM TO PROCEED ACCORDING TO THE
STATUTES REGULATING JUDGMENTS AND EXECUTIONS AT LAW, TO SELL THE REAL ESTATE
DESCRIBED SN THE PLAINTIFF'S PETITION, ETC.

AND WHEREAS, THE THREE DAYS AFORESAID HAVE FULLY EXPIRED, AND
THE SAID JUDGMENTS AND COSTS AFORESAID HAVE NOT BEEN PAID, OR ANY PART THEREOF, AS
APPEARS TO US OF RECORD:

EXHIBITWE THEREFORE COMMAND YOU, THAT YOU PROCEED
WITHOUT DELAY TO APPRAISE, ADVERTISE AND SELL, ACCORDING TO THE STATUTES
REGULATING JUDGMENTS AND EXECUTION AT LAW, THE FOLLOWING DESCRIBED LANDS AND
TENEMENTS, SITUATE IN SUMMIT COUNTY, OHIO TO WIT:

AKA 49 19TH STREET NORTHWEST BARBERTON OHIO 44203

ADVERTISE [IN AKRON LEGAL NEWSP10-4617/ F10-04052

LEGAL DESCRIPTION
Situated in the City of Barberton, County of Summit and State of Ohio:

Kuown as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.

OIOIZSS —— CBCCOTTOYOO wag
UG ICH Street Nu) borterton Ot UU203

Legal Description approved for
Sheriff's = by

    

Page fof (TO MAKE THE SUM OF $ 76,097.96 ETC. DOLLARS

JUDGMENT WITH THE SAID INTEREST THEREON, AND COST AFORESAID; AND THAT YOU ALSO
PAY THE COSTS OF THIS WRIT, AND ALL INCREASE AND ACCRUING COST; AND THE RESIDUE, IF
ANY THERE BE, YOU BRING INTO THIS COURT TO ABIDE THE FURTHER ORDER OF THE COURT,
AND THAT YOU MAKE RETURN OF YOUR PROCEEDINGS TO OUR SAID COURT WITHIN SIXTY
DAYS FROM THIS DATE, AND HAVE YOU THEN AND THERE THIS WRIT.

WITNESS MY SIGNATURE AS CLERK OF OUR SAID COURT OF COMMON PLEAS,
AND THE SEAL OF SAID COURT, AT AKRON, OHIO THIS 2ND DAYOF FEBRUARY 2011

DANIEL M. HORRIGAN

 

; y_ CLERK
BY

\ DEPUTYSummit County Sheriff's Office
Sheriff's Return

 

 

 

Appraiser Driver: HAROLD CRAIG

10/20/2011 - CHECK PICKED UP BY ATTY/REP -A.MANNINO.

40/20/2011 - DEED PICKED UP -A.MANNINO

10/19/2011 - CHECKS MAILED - PRORATED SENT TO FISCAL

10/18/2011 - DEED COMPLETED AT RECORDING & CONVEYANCE
10/12/2011 - DEEO DELIVERED TO RECORDING & CONVEYANCE
10/42/2011 - CHECK # 75127 IN THE AMOUNT OF $192,03 CREATED FOR:
REIMER, ARNOVITZ, CHERNEK & JEFFREY CO.

P.O. BOX 968

TWINSBURG, OH 44087-0000

10/42/2011 - CHECK # 75426 IN THE AMOUNT OF $761.75 CREATED FOR:
KRISTEN M SCALISE

01-01235

40/12/2011 - CHECK # 75125 IN THE AMOUNT OF $28.00 CREATED FOR:
KRISTEN M SCALISE

175 S. MAIN STREET

RECORDING

AKRON, OH 44308-0000

10/12/2041 - CHECK # 75124 IN THE AMOUNT OF $152.50 CREATED FOR:
KRISTEN M SCALISE

175 S. MAIN STREET

CONVEYANCE

AKRON, OH 44308-0000

10/42/2011 - CHECK # 75123 IN THE AMOUNT OF $1,326.72 CREATED FOR:
DANIEL M. HORRIGAN

205 SOUTH HIGH ST

AKRON, OH 44308-0000

40/12/2011 - REFUND OVERAGE FROM DEPOSIT......5192.03

10/12/2011 - RECORDING FEES FOR MORTGAGE SALEG......528.00
10/12/2011 - LOT FEES FOR MORTGAGE SALES......$0.50

40/12/2011 - CONVEYANCE FEES FOR MORTGAGE SALE......$152.00
09/27/2011 - TAX FORM RECEIVED PLAINTIFF PURCHASE -0101235 $0.00
09/27/2011 - RECEIVED COMPLETED DEED

09/27/2011 - RECEIVED COMPLETED CONVEYANCE FORM

09/27/2011 - RECEIVED CONFIRMATION OF SALE

09/01/2011 - CONFIRMATION OF SALE FILED IN CLERK OF COURT
08/05/2011 - FORECLOSURE EDUCATION FEE ORD#2008-394......$200.00
08/05/2011 - DEPOSIT TAKEN......§2,850.00

07/26/2011 - PRORATED TAX AMOUNT......6761.75

07/26/2011 - ADVERTISING FEE......6485.00

07/26/2011 - CLERK'S CASE COSTS......$628.72

04/05/2011 - SALE BOOK PAGES PRINTED

04/05/2011 - H.B. 138 PRO RATA FORMS PRINTED

04/05/2011 - CLERK COST FORM PRINTED

04/05/2011 - FORM "B" PRINTED.

04/05/2011 -"100" SHEET PRINTED

04/05/2011 - APPRAISER FEE.
04/05/2011 - APPRAISER FEE. .
04/05/2011 - APPRAISER FEE......860.00

04/05/2011 - APPRAISERS MILEAGE COST 25 MILE(S)......826.00
03/23/2011 - FORM "A" PRINTED.

 

SHFNU2

CASE # CV2010117469
REGULARSummit County Sheriff's Office
Sheriff's Return

   

 

 

03/23/2011 - SALE SIGN LABEL PRINTED

03/23/2011 - SALE JACKET LABEL PRINTED

02/10/2011 - ADMINISTRATIVE FEE FOR RECORDING & CONVEYANCE ......$75.00
02/10/2011 - ABSTRACT FEE FOR FIRST PRELIM ADV. RUN......35.00

02/10/2011 - DEED FEE......550.00

02/10/2011 - APPRAISERS OATH......$9.00

02/10/2011 - SHERIFF'S RETURN FEES......$6.00

02/10/2011 - LEVY FEES......$50.00

02/10/2011 - COPY FEES......$1.00

02/02/2011 - ORDER OF SALE FOR MORTGAGE SALE (NON-TAX) RECEIVED

 

 

Total Cost: $2,850.00
Total Payment: $2,850.00

§ received this order of sale on the 2nd day of February A.D. 2011, and in obedience to its command of the
Order of Sale hereto annexed, | did on the 31st day of March A.D. 2011 summon HAROLD CRAIG, WILLIAM
WILCOX, TIM KIDDER three disinterested free-holders, residents of said county, who were by me duly sworn to
impartially appraise the lands and tenements there in described upon actual view, and afterward, on the 31st day of
March A.D. 2011, satd appraisers returned to me, under their hands, that they did, upon actual view of the
premises, estimate and appraise the real value in money of the same at $57,000.00 dollars. A certified copy of said
appraisal | forthwith deposited in the office of the Clerk of the Court of Common Pleas of said County. And on 31st
day of March A.D. 2011 | caused to be advertised in the AKRON LEGAL NEWS (a newspaper printed and
Published and of general circulation in SUMMIT COUNTY) said land and tenements to be sold at public sale AT
THE DOOR OF THE COURTHOUSE, on Friday the 5th day of August A.D. 2011 at 10:00 O'Clock A.M. of said day.
And having advertised the said lands and tenements for more than thirty days previous to the day of sale, to wit:
three consecutive weeks, on the same day of the week in each week, and in pursuance of said notice | did on the
said Friday the 5th day of August A.D, 20114, at the time and place above mentioned, proceed to offer said lands
and tenements at public sale AT THE DOOR OF THE COURT HOUSE and then and there came CITIMORTGAGE,
INC., who bid for the same the sum of THIRTY EIGHT THOUSAND DOLLARS AND ZERO CENTS; and said sum
being just two thirds of the appraised value thereof, and said CITIMORTGAGE, INC. being the highest and best
bidder therefore, | then and there publicly sold and struck off said lands and tenements to N/A for said sum of
$38,000.00 Dollars.

DREW ALEXANDER
SHERIFF

LORI! D. CAMPBELL
DEPUTY SHERIFF

SHFNII2A Sheet - Appraiser
We, the Undersigned, Disinterested Freeholders, residents of the County of

Summit, having been duly summoned and sworn by Drew Alexander, sheriff of said County, to
view and appraise the real value in money of the following described Lands and Tenements,
taken on an ORDER OF SALE ,
as the property of DONALD T, BOOTH, ET AL

]

+ to-wit: CV2010117469
at the suit of CITIMORTGAGE, ENC..
See Exhibit A

ALSO KNOWN AS: 49 NW 19TH STREET
BARBERTON, OH 44203-0000
Parcel#: 0101235

TO BE ADVERTISED IN AKRON LEGAL NEWS

Which said Lands and Tenements we do on our oath aforesaid, after having first viewed the

same, appraised as follows: Property located: 49 NW 19TH STREET

BARBERTON, OH 44203-0000
Parcel#: 0101235
_ Property appraised at $ SZ ore. . . .
In Testimony Whereof, we have hereunto set our hands and seals this

Shit ayot_ Wacak AD.20//.

Received Appraiser’s Certificates, $1.00 each, of Sheriff.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HAROLD CRAIG (Seal)
WILLIAM WILCOX (Seal)
TIM KIDDER (Seal)
Mark Location on this Diagram
North
Street
w
West East
est} 5 Oo as
° s
= 190 rr
4
Weoestr “Ka Street -
South’
SHFN 100

50 x120PAGE lof
CASE#: CV2010 11 7469

ATION
State of Ohio, }
ss:
County of Summit. )

‘The undersigned, being first duly swom, says that he/she is
employed by The Akron Legal News, a daily newspaper, and of
generat circulation in Swnmit County, Ohio: that he/she checks
the legal notices published in said newspaper, that the annexed
notice was published in said AKRON LEGAL NEWS, once each
week for:

 

J consecutive weeks, beginning on the
4TH day of MAY, 2011

and that each insertion of said notice in said newspaper was on the
same day of each week,

eo ete

SWORN to before me and subscribed in my presence this

ISTH day of MAY, 2011

 

CHERIE L. CONNOLLY, Notary Public
Summit County, Ohio
My Commission Expires November $, 2012

STACIE R, PICKETT. Notary Public
Summit County, Ohio
My Commission Expires July 6, 2015

MISTY ZENNER, Notary Public
Summit County, Ohio
My Commission Expires May 17, 2015

CASE # CV2010 11 7469
FILE # 11-00543
INVOICE #:,

COST: $485.00
DEPOSIT: $220.00
AMOUNT DUE: $265.00

PAGE 1 of 1
CASE#: CV2010 11 7469

 

SHERIFF'S SALE,
CitiMortgage, Inc.
vs.

Donald T. Booth, et al.

 

By virtue of an Order of Sale No.
CV2010 11 7469 to me directed from the
Court of Common Pleas, of Summit
County, Ohio, I, DREW ALEXANDER,
Sheriff of said County, will offer for sale at
Public Venue, at the West door of the
Court House, in Akron, en

FRIDAY, THE 5TH DAY
OF AUGUST. A.D., 2011,

at 10:00 o'clock A. M. of said day, the
following described Lands and Tenements,
toowit:

01-01235

Situated in the City of Barberton,
County of Summit and State of Ohio:

Knawn as being Lot Number Eighty
Eight (68) in the A. A. Moore's Peerless
Allotment as recorded in Plat Book 7,
Page 5 of the records of Summit County,
Ohio.

Property located at: 49 NW 19th Street,
Barberton, OH 44203.

Property appraised at: Fifty-seven
Thousand Dollars (357,000.00). Property
cannot be sold for less than 23 of the
appraised vatue.

TERMS OF SALE: $2,850.00 deposit in
cash, certified check or bank check
payable to the Sheriff of Summit County,
Ohio, to be tendered at sale at the time of
acceptance of the bid, The purchaser shall
be required to pay interest at tne rate of
ten percent (10%)on the unpaid balance of
the bid amount, untess paid within eight
(8) days after the date of sale. The entire
balance of the purchase price shall be paid
within 30 days after the date of sale.

DREW ALEXANDER
Sheriff of Summit County, Ohio.

RONALD J. CHERNEK, 2450 Edison

é,, Twinsburg, OH 4087, Attorney for
Plaintift.

Sheriff's Office, Akron, Ohio, 3st day of
March 2011.
May 4,11,18, 2011 11-0543NO.

#2011-0385
boc. PaGE cy 2010117469
COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
CITIMORTGAGE INC.

vs.

DONALD 7. BOOTH AKA DONALD BOOTH, ET AL.
ORDER OF SALE

THIS ORDER DATED 02/02/2011

RONALD CHERNEK #0041431
2450 EDISON BLVD.
TWINSBURG OH 44087

330-425-4201 EXT 152

PLAINTIFF ATTORNEY

RET’D AND FILED

Stuno3

ding? Wi ao
Oe:
2g © Ad 233 , HORRIGAN . August 19, 2011
=} PM 2:55

IN THE COURT OF COMMON PLEAS
zy IT Orn
soa AE SOUS
oR OF OF +

CASE NO. 2010 11 7469

10-0405) i er
!

  

CitiMortgage, Inc. successor
by merger to Citifinancial

Mortgage Company, Inc. JUDGE Mary Margaret Rowlands
Plaintiff JUDGMENT ENTRY CONFIRMING

SALE AND

-Vs- ORDERING DISTRIBUTION
Donald T. Booth aka
Donald Booth, et al.

 

Defendants

This day this cause came up on — of the Plaintiff
and on the return of the Sheriff of his proceedings and sale
made under former order of this Court; and the Court upon
careful examination of the proceedings of said Sheriff being
satisfied that the same have been made in all respects in
conformity to law, and the orders of this Court, it is ordered
hereby that the proceedings and sale be, and they are hereby
approved and confirmed.

The Court further finds that the purchaser, Plaintiff,
CitiMortgage, Inc. successor by merger to Citifinancial Mortgage
Company, Inc., has subsequently assigned its bid to
CitiMortgage, Inc., whose tax mailing address is 1000 Technology
Drive, O’ Fallon, Missouri 63304, and that said written
assignment has been delivered to the Sheriff and is hereby

approved by the Court.IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
Sheriff convey to the purchaser’s assignee, by deed according to
law, the property sold, subject to all real estate taxes due;
and the said purchaser’s assignee is hereby subrogated to all
the rights of liennolders in said premises as far as they may be
paid harein, for the protection of its title; and a writ of
possession is hereby awarded to put the said purchaser’s
assignee in possession of the premises.

And the Court, coming now to distribute the proceeds of
said sale amount to $38,000.00, is ordered that the Sheriff is
to pay out of the deposit $2,850.00 the following:

FIRST: To the Clerk of Courts, the sum of

$1,515.72 (which amount includes

Sheriff's Deed) for Court Costs herein;

SECOND: To the Summit County Fiscal office,
the sum of $200.00 for the
Educational fees;

THIRD: To the Summit County Fiscal office,
the sum of $761.75 for the pro-rated
taxes (PP# 0101235) due herein;

FOURTH: To the Treasurer of Summit County,
the sum of $-0- for real estate taxes
(Pe# 0101235) through full year 2010;
Real estate taxes will not be deducted
from the sale deposit, but a separate
check will be made payable to the
Treasurer's office;

FIFTH: To the Auditor of Summit County,
the sum of $152.50 for the
conveyance/transfer fees;

SIXTH: To the Recorder of Summit County,
the sum of $28.00 for the recording
of the Sheriff's Deed;SEVENTH: To the Plaintiff, CitiMortgage,
Inc. successor by merger to
Citifinancial Mortgage Company, Inc.,
the balance of the proceeds of said
sale of $35,342.03 to apply against
the judgment heretofore rendered.
The Court further orders the Clerk to issue a cancellation
of the Plaintiff’s mortgage, (see Exhibit “A” attached hereto
for the legal description), recorded in Instrument Number

54698432, of the records of Summit County.

Winn Ir

JUDGE

RECORD IS HEREBY ORDERED.

APPROVED BY:

 

OVITZ, CHERNEK & JEFFREY CO., L.P.A.
D J. CHERNEK (Reg. #0041431

TER COSTELLO (Reg. #0076112)

for Plaintiff

Edifon Boulevard, P.O. Box 968P10-4617/ F}0-04052
LEGAL DESCRIPTION

Situated in the City of Barberton, County of Summit and State of Ohio:

Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.

OlO1Z35 CB&COOTICHOOWLAD
YC IOLA Street NU) Roreerton Or UU203

Legal Description approved for
Sheriff's se by

   

 

Page lof !

EXHIBIT "A".(Page 2 of 2)

SHERIFF’S DEED ie

Revised Code § 2329.36
CASE# CV2010117469

1, Drew Alexander, Sheriff of Summit County, Ohio, pursuant to the Order of Sale entered on February 2,
2011, the Confirmation of Sale entered on September 1, 2011 and in consideration of the sum of ($38,000.00) Thirty
Fight Thousand and 00/100 dollars, the receipt whereof is hercby acknowledged, does hereby GRANT, SELL AND
CONVEY unto CitiMortgage, Inc., 1000 Technology Drive, O'Fallon Missouri 63304, all the rights, title and interest
of the parties in Court of Common Pleas, Sumiit County, Ohio, Case Number CV2010117469, CitiMortgage, Inc.
successor by merger to Citifinancial Mortgage Company, Inc. vs. Donald T. Booth aka Donald Booth et al., and all
pleadings therein incorporated herein by reference in and to the following Lands and Tenements situated in the County of
Summit AND State of Ohio, Known and described as follows, to-wit:

FEE OO EE HE trea

SEE EXHIBIT “A™

 

This deed does not reflect any restrictions, conditions or easements of record.

Prior Owner: Donald T, Booth
Prior Instrument Reference: File No. 54553378; June 4, 2001 of Summit County Records
Executed this 1. dayof Mptembot 20 /

Drew Alexander, Shgxiff of Summit County, Ohio
T

 

 

3915940 Teast4 oy Twins ‘as;Tess UDISTIy

bell ] _ , Deputy Sheriff of
‘Summit County, Ohio ¥
STATE OF OHIO )
) SS:

COUNTY OF SUMMIT ) Barut
2 ” = ao
Be in remembered, thaton_,2) day of f 20f} _. Before me, Clerk of Common Pleas Court in and for said Sn
County, personally appeared the within named, Deputy Sheriff of by Summit County, Ohio and Bom
acknowledged the within conveyance to be his/her voluntary act'and deed, as suid Deputy Sheriff. os s
eho
IN WITNESS WHEREOF, | have hereunto set my hand and Official 8g oO

Seal the day and year aforesaid

Daniel M. Horrigan, seal
Clerk uf Common Pleas Court
Suminit County, Ohio

drt KA

Deputy Clerk

cs

    

This instrument was prepared by:
REIMER, ARNOVITZ, CHERNEK & JEFFREY Co., L.P.A SEPSY/

2450 Edison Blvd., Twinsburg, Ghio 44087 ‘TRANSFERRED IN COMPLIANCE WITH
September 12, 2011

SEC.319.202 REV, CODE
F10-04052 $38 aoono $ 3.5 2 FEE
Coierion
KRISTEN M. SCALISE CPA, CFE By
FISCAL OFFICER Deputy Fiscal Officer