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Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Fifth Third Bank, an Ohio Corporation, as Case No.: 12CV009367
Successor in Interest to the Fifth Third Bank of
Columbus, as Successor in Interest to State Judge Stephen L. McIntosh
Savings Bank
DECREE ON FORECLOSURE, ENTRY
Plaintiff MOTION FOR SUMMARY AND
DEFAULT JUDGMENT AND ORDER FOR
vs. SALE
The Estate of Thomas Leo Getz
and
Danielle D. Getz-Woyan, Administrator
and
Danielle D. Getz-Woyan, Individually
and
Unknown Spouse of Danielle D. Getz-Woyan
and
Bank One, NA
Defendants.
This matter is before the Court upon the Motion for Summary Judgment and the Motion for Default
Judgment filed by the Plaintiff, Fifth Third Bank, an Ohio Corporation, as Successor in Interest to the Fifth
Third Bank of Columbus,as Successor in Interest to State Savings Bank, (“Plaintiff”), against the Defendants,
The Estate of Thomas Leo Getz, Danielle D. Getz-Woyan, Administrator, Danielle D. Getz-Woyan,
Individually, Unknown Spouse of Danielle D. Getz-Woyan, Bank One, NA.
This Court finds: (1) that the Defendant, The Estate of Thomas Leo Getz, has been duly served with
summons and a copy of the Complaint by Certified Mail on July 26, 2012; (2) that the Defendant, Danielle
D. Getz-Woyan, Administrator, has been duly served with summons and a copy of the Complaint byFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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Certified Mail on July 26, 2012; (3) that the Defendant, Danielle D. Getz-Woyan, Individually, has been
duly served with summons and a copy of the Complaint by Certified Mail on July 26, 2012; (4) that this
Defendant has answered or otherwise responded to the Plaintiff's Complaint; and (5) that the Plaintiff is
therefore entitled to a judgment in its favor as requested in the Complaint.
The Court finds that all necessary parties have been properly served, are properly before the Court
and that the Defendants, Unknown Spouse of Danielle D. Getz-Woyan and Bank One, NA, have not filed an
answer and are in default judgment of Motion or Answer.
The Court further finds that Thomas Leo Getz, now deceased, executed and delivered to the Plaintiff
a secured Promissory Note (‘‘Note”) and to secure the obligations required by the Note, Thomas Leo Getz,
now deceased, executed and delivered to the Plaintiff a Mortgage by which the Plaintiff was granted a
mortgage interest in the real estate located at 5912 Epernay Way, Columbus, OH 43119 (the “Real
Property”). A true and accurate copy of the legal description from the subject Mortgage is attached hereto as
Exhibit A. The Court further finds that there is due and owing to the Plaintiff on the Note the sum of
$91,704.31, plus interest at the per annum rate of 3.625% from January 1, 2012, plus court costs, advances,
and other charges allowed by the Note and Mortgage and Ohio law.
The Court further finds that the Mortgage was properly recorded and is a valid and subsisting lien
upon the Real Property referred to in the Complaint, which Real Property is described within Exhibit “B” to
the Complaint. As a result of the failure of Thomas Leo Getz or the Defendant, the Estate of Thomas Leo
Getz, to make the payments required by the Note, the Plaintiff is entitled to have its mortgage lien foreclosed
and, unless the Defendants redeem the property by making the payments set forth below, the Real Property
encompassed by the mortgage lien shall be sold as upon execution.
The Court further finds that pursuant to §5721.10 of the Ohio Revised Code, the Franklin County
Treasurer and Franklin County Auditor have valid first and best liens on the Real Property, described herein,
for all taxes, assessments, interest, and penalties charged against the subject premises which are now due andFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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owing to them.
The Court finds that the Defendant, Bank One, NA, has not filed an Answer herein asserting an
interest in the real estate, which is the subject of this action.
The Court further finds that the Note remains unpaid and unsatisfied in full and that the Plaintiff is
entitled to have the Real Property sold as upon foreclosure, the equity of redemption and any other interests
of the Defendants, The Estate of Thomas Leo Getz, Danielle D. Getz-Woyan, Administrator, Danielle D.
Getz-Woyan, Individually, Danielle D. Getz-Woyan and the Unknown Spouse of Danielle D. Getz-Woyan, if
any, be forever cutoff, barred and foreclosed, and the net proceeds of sale paid to the Plaintiff upon the Note
in the order of its priority and after the payment of the costs of this proceeding, including any title reports
obtained by the Plaintiff, any real estate taxes and assessments and before any payments to any other party to
this action. Plaintiff moves further for the Court to grant Default Judgment on all allegations in the Plaintiff's
Complaint.
It is, therefore, ORDERED, ADJUDGED and DECREED that the Plaintiff is entitled to a
monetary judgment against the Defendant, the Estate of Thomas Leo Getz, upon the Note. The Plaintiff is
entitled to a judgment of foreclosure on the Mortgage. Pursuant to ORC §2329.33, unless there is paid or
caused to be paid by the Defendants prior to the date of confirmation of sale: (i) to the Clerk of this Court the
costs of this action; (ii) to the Treasurer of Franklin County, Ohio, the real estate taxes, assessments and
penalties found to be due and payable with respect to the Real Property; and (iii) to the Plaintiff, the sums
found to be due the Plaintiff as set forth above, the equity of redemption of the Defendants, The Estate of
Thomas Leo Getz, Danielle D. Getz-Woyan, Administrator, Danielle D. Getz-Woyan, Individually, Danielle
D. Getz-Woyan and the Unknown Spouse of Danielle D. Getz-Woyan, in the Real Property shall be
foreclosed. The Real Property shall be appraised pursuant to Section 2329.15 and Section 2329.17 of the
Ohio Revised Code, the Real Property shall be sold by the Sheriff of Franklin County, Ohio, pursuant to law,
and an order of sale shall be issued therefore to the Sheriff of Franklin County, Ohio directing him toFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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appraise, advertise and sell the Real Property as upon execution and according to law, free and clear of the
interests of all parties to this action, said interests to attach to the proceeds of sale accorded such interest
pursuant to law and as set forth herein, and to report his proceedings to this Court for further order. It is
further ordered that the Sheriff shall send counsel for the party requesting the Order of Sale, a copy of the
publication notice promptly upon its first publication. The Court further finds that there is no just reason
for delay.
SO ORDERED.
Judge Stephen L. McIntosh
Submitted By:
/s/ Thomas D. Richards
Thomas D. Richards (0012039)
Attorney for Plaintiff
Richards & Company, L.P.A.
9200 Montgomery Rd.
Montgomery Station Bldg. 7B
Cincinnati, OH 45242
(513) 871-8755 — Office
(513) 297-7511 — Facsimile
53 @tdrlaw.net - Email
BE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT THE ABOVE DESCRIBED
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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LEGAL DESCRIPTION
COLUMBUS :
SITUATED EN YP GRTO, ENTY CH FRANKLIN, ANG IN THE CiyY
BEING LOT NON! g B (28), Isc CHASE SeCTTON: £ ART 1, BS THE SANG ES
SUMBERER AND TNEATE! OM THE F, OF RECURD PLAT BQOK 8,
PAGES 42 AND 42, RES 8 OFFEL ONTO.
Previous Deed Reference: Inst. No. 199806300162788 recorded on June 30, 1998
Address: 5912 Epernay Way, Columbus, OH 43119
Parcel: 010-242801-00Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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Franklin County Court of Common Pleas
Date: 04-04-2013
Case Title: FIFTH THIRD BANK OHIO CORPORATION -VS- ESTATE
THOMAS LEO GETZ ET AL
Case Number: 12CV009367
Type: DECREE OF FORECLOSURE
It Is So Ordered.
/s/ Judge Stephen L. McIntosh
Electronically signed on 2013-Apr-04 page 6 of 6Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367
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Court Disposition
Case Number: 12CV009367
Case Style: FIFTH THIRD BANK OHIO CORPORATION -VS-
ESTATE THOMAS LEO GETZ ET AL
Case Terminated: 18 - Other Terminations
Final Appealable Order: Yes
Motion Tie Off Information:
1. Motion CMS Document Id: 12CV0093672013-02-0199980000
Document Title: 02-01-2013- MOTION FOR SUMMARY
JUDGMENT
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 OBO75 - F82 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Fifth Third Bank, an Ohio Corporation, as Case No.: 12CV009367 Successor in Interest to the Fifth Third Bank of Columbus, as Successor in Interest to State Judge Stephen L. McIntosh Savings Bank DECREE ON FORECLOSURE, ENTRY Plaintiff MOTION FOR SUMMARY AND DEFAULT JUDGMENT AND ORDER FOR vs. SALE The Estate of Thomas Leo Getz and Danielle D. Getz-Woyan, Administrator and Danielle D. Getz-Woyan, Individually and Unknown Spouse of Danielle D. Getz-Woyan and Bank One, NA Defendants. This matter is before the Court upon the Motion for Summary Judgment and the Motion for Default Judgment filed by the Plaintiff, Fifth Third Bank, an Ohio Corporation, as Successor in Interest to the Fifth Third Bank of Columbus,as Successor in Interest to State Savings Bank, (“Plaintiff”), against the Defendants, The Estate of Thomas Leo Getz, Danielle D. Getz-Woyan, Administrator, Danielle D. Getz-Woyan, Individually, Unknown Spouse of Danielle D. Getz-Woyan, Bank One, NA. This Court finds: (1) that the Defendant, The Estate of Thomas Leo Getz, has been duly served with summons and a copy of the Complaint by Certified Mail on July 26, 2012; (2) that the Defendant, Danielle D. Getz-Woyan, Administrator, has been duly served with summons and a copy of the Complaint byFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 0BO75 - F83 Certified Mail on July 26, 2012; (3) that the Defendant, Danielle D. Getz-Woyan, Individually, has been duly served with summons and a copy of the Complaint by Certified Mail on July 26, 2012; (4) that this Defendant has answered or otherwise responded to the Plaintiff's Complaint; and (5) that the Plaintiff is therefore entitled to a judgment in its favor as requested in the Complaint. The Court finds that all necessary parties have been properly served, are properly before the Court and that the Defendants, Unknown Spouse of Danielle D. Getz-Woyan and Bank One, NA, have not filed an answer and are in default judgment of Motion or Answer. The Court further finds that Thomas Leo Getz, now deceased, executed and delivered to the Plaintiff a secured Promissory Note (‘‘Note”) and to secure the obligations required by the Note, Thomas Leo Getz, now deceased, executed and delivered to the Plaintiff a Mortgage by which the Plaintiff was granted a mortgage interest in the real estate located at 5912 Epernay Way, Columbus, OH 43119 (the “Real Property”). A true and accurate copy of the legal description from the subject Mortgage is attached hereto as Exhibit A. The Court further finds that there is due and owing to the Plaintiff on the Note the sum of $91,704.31, plus interest at the per annum rate of 3.625% from January 1, 2012, plus court costs, advances, and other charges allowed by the Note and Mortgage and Ohio law. The Court further finds that the Mortgage was properly recorded and is a valid and subsisting lien upon the Real Property referred to in the Complaint, which Real Property is described within Exhibit “B” to the Complaint. As a result of the failure of Thomas Leo Getz or the Defendant, the Estate of Thomas Leo Getz, to make the payments required by the Note, the Plaintiff is entitled to have its mortgage lien foreclosed and, unless the Defendants redeem the property by making the payments set forth below, the Real Property encompassed by the mortgage lien shall be sold as upon execution. The Court further finds that pursuant to §5721.10 of the Ohio Revised Code, the Franklin County Treasurer and Franklin County Auditor have valid first and best liens on the Real Property, described herein, for all taxes, assessments, interest, and penalties charged against the subject premises which are now due andFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 OBO75 - F84 owing to them. The Court finds that the Defendant, Bank One, NA, has not filed an Answer herein asserting an interest in the real estate, which is the subject of this action. The Court further finds that the Note remains unpaid and unsatisfied in full and that the Plaintiff is entitled to have the Real Property sold as upon foreclosure, the equity of redemption and any other interests of the Defendants, The Estate of Thomas Leo Getz, Danielle D. Getz-Woyan, Administrator, Danielle D. Getz-Woyan, Individually, Danielle D. Getz-Woyan and the Unknown Spouse of Danielle D. Getz-Woyan, if any, be forever cutoff, barred and foreclosed, and the net proceeds of sale paid to the Plaintiff upon the Note in the order of its priority and after the payment of the costs of this proceeding, including any title reports obtained by the Plaintiff, any real estate taxes and assessments and before any payments to any other party to this action. Plaintiff moves further for the Court to grant Default Judgment on all allegations in the Plaintiff's Complaint. It is, therefore, ORDERED, ADJUDGED and DECREED that the Plaintiff is entitled to a monetary judgment against the Defendant, the Estate of Thomas Leo Getz, upon the Note. The Plaintiff is entitled to a judgment of foreclosure on the Mortgage. Pursuant to ORC §2329.33, unless there is paid or caused to be paid by the Defendants prior to the date of confirmation of sale: (i) to the Clerk of this Court the costs of this action; (ii) to the Treasurer of Franklin County, Ohio, the real estate taxes, assessments and penalties found to be due and payable with respect to the Real Property; and (iii) to the Plaintiff, the sums found to be due the Plaintiff as set forth above, the equity of redemption of the Defendants, The Estate of Thomas Leo Getz, Danielle D. Getz-Woyan, Administrator, Danielle D. Getz-Woyan, Individually, Danielle D. Getz-Woyan and the Unknown Spouse of Danielle D. Getz-Woyan, in the Real Property shall be foreclosed. The Real Property shall be appraised pursuant to Section 2329.15 and Section 2329.17 of the Ohio Revised Code, the Real Property shall be sold by the Sheriff of Franklin County, Ohio, pursuant to law, and an order of sale shall be issued therefore to the Sheriff of Franklin County, Ohio directing him toFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 OBO75 - F85 appraise, advertise and sell the Real Property as upon execution and according to law, free and clear of the interests of all parties to this action, said interests to attach to the proceeds of sale accorded such interest pursuant to law and as set forth herein, and to report his proceedings to this Court for further order. It is further ordered that the Sheriff shall send counsel for the party requesting the Order of Sale, a copy of the publication notice promptly upon its first publication. The Court further finds that there is no just reason for delay. SO ORDERED. Judge Stephen L. McIntosh Submitted By: /s/ Thomas D. Richards Thomas D. Richards (0012039) Attorney for Plaintiff Richards & Company, L.P.A. 9200 Montgomery Rd. Montgomery Station Bldg. 7B Cincinnati, OH 45242 (513) 871-8755 — Office (513) 297-7511 — Facsimile 53 @tdrlaw.net - Email BE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT THE ABOVE DESCRIBED DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 OBO75 - F86 LEGAL DESCRIPTION COLUMBUS : SITUATED EN YP GRTO, ENTY CH FRANKLIN, ANG IN THE CiyY BEING LOT NON! g B (28), Isc CHASE SeCTTON: £ ART 1, BS THE SANG ES SUMBERER AND TNEATE! OM THE F, OF RECURD PLAT BQOK 8, PAGES 42 AND 42, RES 8 OFFEL ONTO. Previous Deed Reference: Inst. No. 199806300162788 recorded on June 30, 1998 Address: 5912 Epernay Way, Columbus, OH 43119 Parcel: 010-242801-00Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 OBO75 - F87 Franklin County Court of Common Pleas Date: 04-04-2013 Case Title: FIFTH THIRD BANK OHIO CORPORATION -VS- ESTATE THOMAS LEO GETZ ET AL Case Number: 12CV009367 Type: DECREE OF FORECLOSURE It Is So Ordered. /s/ Judge Stephen L. McIntosh Electronically signed on 2013-Apr-04 page 6 of 6Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 04 3:19 PM-12CV009367 OBO75 - F88 Court Disposition Case Number: 12CV009367 Case Style: FIFTH THIRD BANK OHIO CORPORATION -VS- ESTATE THOMAS LEO GETZ ET AL Case Terminated: 18 - Other Terminations Final Appealable Order: Yes Motion Tie Off Information: 1. Motion CMS Document Id: 12CV0093672013-02-0199980000 Document Title: 02-01-2013- MOTION FOR SUMMARY JUDGMENT Disposition: MOTION GRANTED