Preview
200828567
(jap)
FILED
2008 JUN 11 PH 2: IGcourr oF COMMON PLEAS
BUTLER COUNTY, OHIO
Fifth oniGhE SK, AF, COU MS. any
c/o Fifth Third Bank
Madisonville Operations Center
Maildrop 1M0C20
38 Fountain Square Plaza
Cincinnati, OH 45202
Plaintiff
vs.
Dudley P. Halcomb
192 East Ritter Street
Seven Mile, OH 45062
Jane Doe, name unknown,
Dudley P. Halcomb
192 East Ritter Street
Seven Mile, OH 45062
spouse of
Butler County Treasurer
315 High Street, 10th Floor
Hamilton, OH 45011
Aurogroup Financial Credit Union
fka Mutual Benefit Credit Union,
Inc. successor by merger to
Hambuco Federal Credit Union fka
Hambuco Schools Federal Credit
Union
139 East Fourth Street
Cincinnati, OH 45202
Defendants.
COMPLAINT - FORECLOSURE
Permanent Parcel No. N6300-073-
000-013
LSR200828567D157P1300C9COMPLAINT 5 9
—_——— an é
COUNT ONE
1. Plaintiff is the holder of a note, a coony cose URTS on is
unavailable at this time, By reason of default under the terms
of the note and the mortgage securing same, plaintiff has
declared the debt evidenced by said note due, and there is due
thereon from the defendant, Dudley p. Halcomb, $129,109.65,
together with interest at the rate of 6.62500% per year from
January 1, 2008, plus court costs, advances, and other charges,
as allowed by law.
COUNT TWO
2. Plaintiff incorporates the allegations of Count One and
further states that it is the holder of a mortgage, a copy of
which is attached hereto as Exhibit ‘A’, The mortgage was given
to secure payment of the above-described note, and said mortgage
constitutes a valid first lien upon the real estate described
therein.
3. The mortgage was filed for record on April 18, 2006, in
Volume 7727, Page 1495 , of the county recorder's records. The
conditions of defeasance contained therein have been broken;
plaintiff has complied with all conditions precedent; and
plaintiff is entitled to have said mortgage foreclosed. The Master
Mortgage containing the terms and conditions of said mortgage was
OMEN
LSR200828567D157P1300C9filed for record on May 27, 2004, in OR Book
é
said County Recorder's records. K
A UL
4. Plaintiff says that the defendant, Jane oped Sy ame
7375, page? 852) of
unknown, spouse of Dudley P. Halcomb, may claim an interest in
the subject Property as the current spouse of the defendant-
titleholder, Dudley P. Halcomb. Plaintiff states that it cannot
currently discover the real name of said defendant.
5. Plaintiff says that the defendant, Butler County
Treasurer, may claim an interest in the above described property
by virtue of any unpaid real estate taxes and/or assessments due
and owing on the subject property.
6. Plaintiff says that the defendant, Aurogroup Financial
Credit Union fka Mutual Benefit Credit Union, Inc. successor by
merger to Hambuco Federal Credit Union fka Hambuco Schools
Federal Credit Union, may claim an interest in the above
described property by virtue of a mortgage
filed against James S. Heiser and Sandra R. Heiser, on 01/20/89,
in Book 2007, page 446, of said County Recorder's Records, which
lien is believed to be paid off, however, not released of
record.
WHEREFORE, plaintiff prays for judgment against defendant,
Dudley P. Halcomb, in the amount of $129,109.65, together with
interest at the rate of 6.62500% per year from January 1, 2008
plus court costs, advances, and other charges, as allowed by law;that plaintiff's mortgage be adjudged a valid first, liep Q@xion Uthe
2903 Us
real estate described herein, and that said mortgage be
UNG
seo csuRts
foreclosed; that said real property be ordered. gold!’ and that
Plaintiff be paid out of the proceeds of such sale; for such other
relief, legal and equitable, as may be proper and necessary; and
that all the other defendants herein be required to set up their
liens or interests in said real estate or be forever barred from
asserting same.
Stacya&-Curliss, Trial Counsel
Ohio Supreme Yourt Reg. #0081870
LERNER, SAMPS! & ROTHFUSS
Attorneys for Fifth Third Mortgage
Company
P.O. Box 5480
Cincinnati, OH 45201-5480
(513) 241-3100
(513) 241-4094 (Fax)
attyemail@lsrlaw.com
The undersigned hereby certifies that an examination of the
public records of Butler County, Ohio has been made to determine
the ownership of the subject real estate and all parties who may
claim an interest therein, and that, in the opinion of the
undersigned, all such_parties have been named as parties to this
action.: 2910
WRITTEN REQUEST FOR CERTIFIED MAIL SERVICE BY THE?CLERK 62 couRTS
OF BUTLER COUNTY, OHIO ON THE FOLLOWING NAMED DEFENDANT(S):...-
Dudley P. Halcomb
192 East Ritter Street
Seven Mile, OH 45062
Jane Doe, name unknown, spouse of Dudley P. Halcomb
192 East Ritter Street
Seven Mile, OH 45062
Aurogroup Financial Credit Union fka Mutual Benefit Credit Union,
Inc. successor by merger to Hambuco Federal Credit Union fka
Hambuco Schools Federal Credit Union
139 East Fourth Street
Cincinnati, OH 45202From: unknown Page: 8/21 Date: 6/10/2008 2:53:57 PM
Ae “ROURTS
BK: 7727 PG: 1496
Return To:
Fifth Thitd Mostgage Company Bee Te ord tn
38 Fountain Square Plaza, MD:1COMS1
Cincinnati, Ohio 45202 ecuen AY 06146136 an,
OR Book 7727 Puae 1495 ~ tye
[Space Above This Line For Recording Data}
MORTGAGE
DEFINITIONS
ae te male sections of this document arc defined below and in the Master Mortgage Form {as herein.
after defined),
(4) "Security Anstrument” means thie document, which is dated April 10,2006 togethor with all Riders to this
cument,
(3) “Borrower” is Dudley P Halcomb, an unmarrted man. Borrower is the mortgagor under this Security
Instrumem.
(C) "Lender" is FIFTH THIRD MORTGAGE COMPANY. Lender is a corporntion orgnnized and existing
under the laws of OHTO. Lendet's address is 38 FOUNTAIN SQUARE PLAZA, CINCINNATI, OH 45263,
(©) "Note" means the promissory note signed by Bonrower and dated April 10, 2006, ‘The Note states that
Borrower owes Lender dred so/100 Dollars (US. $
132,800.00) plus imerest, Bourower has promised to pay this debt in regular Periodic Payments and to pay the
debt in full not later than May 01, 2036,
(E) “Property” means the property that is described below under the heading "Transfer of Rights in the
Property.”
F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and lave charges due
under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" moans all Riders to this Security Instrument that are executed by Borrower. The following Ridexs
are to be executed by Borrower [check box as applicable]:
[] Adjustable Rate Rider (} Condominlum Rider [] Second Home Rider
[] Balloon Rider [) Planned Unit Development Rider (} 1-4 Family Rider
(IVA Rider [J Other(s) [specify]
Initials H
sornsio 10101020402116
Page tof 4From: unknown Page: 921 Date: 6/10/2008 2:53:57 PM
TRANSFER OF RIGHTS IN THE PROPERTY 8K: 7727 PG: 1496
(il) the performance of Borrower's ‘Covenants and agreements under this ‘Security Instrument and the Note. For this
pareet, gy Goes hereby morgsgs, pat eal convey to Lender the lowing ererbel oe
(Prope MAQ@DTR-B00.913 whieh creaty has th adéss of 192 E Rite Suet Seven Mile, OH 45062
("Property Address"):
MASTER MORTGAGE FORM:
Aill termas of that certain master; mortgage form ("Master Mortgage Form" tecorded May 27, 2004 pursuant to Ohio
Revised Code section $302.15 in the ze of the Butler County Recorder, Instrument No 200400041763, OR
a a7 Puge B52 by Fith Thisd Mortgage Company, by Sten Grecaee, we ty this reference incorporated as
{ully and to the sande extent as if set forth and contained herein,
COPY:
A copy of the Master Mortgage Form has been fumished tothe mortgegor prior to the execution ofthis Security
Instrument ond mortgagor hereby ackoowledgcs receipt ofthe same by signe atthe coe of this instrument.
CERTAIN OTHER ADVANCES:
reservation of the Property, including to cure Borrower's defeults by making any stich Payments which Borrowers
thould have paid as provided in this Security Instrument, affirm and comply with the provisions of Section
5303.23 of the Revised Code of Ohio.
402116180 aFrom: unknewn Page: 10/21 Date: 6/10/2008 2:53:87 PM
MT ss este
BK: 7727 PG: 1497
BY SIGNING BELOW, Borrower accepts and fzrees to the terns znd covenants contained inthis Security +
a i a
ead the nt te Ma: Moage Pon eal ay Re ee
recorded with t roe Oe a Mate Mortgage Form sant be deed apart of he Sec be
sis tact (3) eae instumen, phe any Rider) and attchod loader shall stand by itaclf asd! 1.
morse document, binding on (6) for the benefit of Fifth Third Mortgage Cotpany, itt success and
Dudley P Yktcomb (Seal) (Seel)
(Seal) (Seal)
(Seal) (Sealy
(Seal) (Seal)
STATE OF OH; COUNTY OF BUTLER
On this_94/10/06 before me a Nowury Public in and for said County and State, personally
appeared Dudicy P Halcomb the individual(s) Who executed the foregoing instrument and acknowledge that he/she
ia gtamine and read the same and did sign the foregoing fstrument, and that tbe sane s higher Rete eee
IN WITNESS HEREOF, Ubave bercunto set my hand and official seat
EDWARD B, SCHAEFER KK pile
(Seal) Attorney At Law ——
Notary Public, State of Ohio Notary Public, Butler County
My Commigeion Has No Exp. Dale
Suction 147.03 O.R.C.
‘My Commission
State of OH
‘This instrument was prepared by: FIFTH THIRD MORTGAGE COMPARY
38 FOUNTAIN SQUARE PLAZA
CINCINNATI, OHIO 45263
402136180
Page dof 4From: unknown Page: 11/21 Date: 6/10/2008 2:53:58 PM
06-2152
EXRIBIT “a”
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The legal description for the Property located at:
Pinc ar ©
192 F. Ritter Stret CATA
Seven Mile, OH 45062 . .
is 29 follows: BK: 7727 PG: 1498
Parcel #N6300-073-000-013
Loan Number 402116180FILED
2 GRNR ZIONS 1h sans 23h
28H 1 PH? COURT OF COMMON PLEAS 2105 06 6
cidui CARPENTER — BUTLER counry, onto LAPEER
BUTLER COUNTY og SLUR
CLERK OF COURTS PRAECIPE : F cQurt
Fifth Third Mortgage Company
PLAINTIFF CASE NO:
Dudley P. Halcomb, et al.
DEFENDANT
Please issue a Residential and/or Personal Service of Summons on
the Complaint via Court Appointed Special Process Server Legalex, Inc.
Dudley P. Halcomb
192 East Ritter Street
Seven Mile, OH 45062
Jane Doe, name unknown, spouse of Dudley P. Halcomb
192 East Ritter Street
Seven Mile, OH 45062
Butler County Treasurer
315 High Street, 10th Floor
Hamilton, OH 45011
Aurogroup Financial Credit Union fka Mutual Benefit Credit Union,
Inc. successor by merger to Hambuco Federal Credit Union fka
Hambuco Schools Federal Credit Union
139 East Fourth Street
Cincinnati, OH 45202
Ohio Supremeé Court No. 0081870
Attorney fok Plaintiff
Lerner, Sampson & Rothfuss
120 East Fourth Street, 8th Floor
Cincinnati, OH 45202-4007
(513) 241-3100
(513) 241-4094 Fax
attyemail@lsrlaw.com
LSR200828567D579P 1300C9Lerner Sampson & Rorturuss
A LEGAL PROFESSIONAL ASSOCIATION
oleh
120 East Fourth Street, 8th Floor - Cincinnati, OH 4sd@al4dan3
Phone (513) 241-3100 - Fax (513) 241-4004
June 10, 2008
Butler Clerk of Courts
Court of Common Pleas
Government Services Center
315 High Street
5th Floor
Hamilton, OH 45011
IN RE: Fifth Third Mortgage Company
-vs- Halcomb, Dudley P.
LS&R No.: 200828567
Dear Sir or Madame:
Enclosed are the original and multiple copies of a Complaint for
filing.
Please file the original and return one (1) time-stamped copy in
the enclosed self-addressed, stamped envelope.
Also enclosed please find our check in the sum of $600 for the
filing fee.
This filing was sent and received by overnight shipping because
of the time sensitive nature of these enclosures. Pursuant to
Revised Code Section 2303.08, please endorse today's date (the
date received) as the filing date and process this filing.
Thank you.
Very truly yours,
LERNER, SAMPSON & ROTHFUSS
liss, Attorney at Law
SLC/jap
Enclosures