Answer: 12 CV 009367

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                                Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Sep 07 8:44 AM-12CV009367
OA663 - ROB

IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS
CIVIL DIVISION

Fifth Third Bank Case No. 12 CV 009367
Judge McIntosh

Plaintiff,
-vs-

The Estate of Thomas Leo Getz, et al.

Defendants.

ANSWER OF DEFENDANTS THE ESTATE OF THOMAS LEO GETZ, DANIELLE D.
GETZ-WOYAN, ADMINISTRATOR, AND DANIELLE D. GETZ-WOYAN,
INDIVIDUALLY

Now comes the Defendant, The Estate of Thomas Leo Getz, Danielle D. Getz-Woyan,
Individually and as Administrator (hereinafter “Defendants”), by and through the undersigned

counsel, and for their Answer to Plaintiff's Complaint, states as follows:

FIRST DEFENSE
1. Defendants deny each and every allegation contained in Numbered Paragraph
One (1) of Plaintiff's Complaint.
2. Defendants are without knowledge or information sufficient to form a belief to the

allegations in Numbered Paragraph Two (2) of Plaintiff's Complaint and therefore deny the
same.
3. Defendants deny each and every allegation contained in Numbered Paragraph

Three (3) of Plaintiff's Complaint.Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Sep 07 8:44 AM-12CV009367
OA663 - ROD

4. Defendants are without knowledge or information sufficient to form a belief to the
allegations in Numbered Paragraph Four (4) of Plaintiff's Complaint and therefore deny the
same.

5. Defendants admit the allegations contained Numbered Paragraph Five (5) of
Plaintiffs Complaint.

6. Defendants incorporate the above responses as if fully re-written herein in
response to Numbered Paragraph Six (6) of Plaintiff’s Complaint.

7. Defendant deny each and every allegation contained in Numbered Paragraph
Seven (7) of Plaintiffs Complaint

8. Defendants are without knowledge or information sufficient to form a belief to the
allegations in Numbered Paragraph Eight (8) of Plaintiff's Complaint and therefore deny the
same.

9. Defendants admit that the identified Mortgage appears to have been recorded and
that such instrument speaks for itself in Numbered Paragraph Nine (9) of Plaintiffs Complaint.

10. Defendants are without knowledge or information sufficient to form a belief to the
allegations in Numbered Paragraph Ten (10) of Plaintiff's Complaint and therefore deny the
same.

11. Defendants deny each and every allegation contained in Numbered Paragraph
Eleven (11) of Plaintiffs Complaint.

12. Defendants are without knowledge or information sufficient to form a belief to the
allegations in Numbered Paragraph Twelve (12) of Plaintiff's Complaint and therefore deny the
same but are able to admit the Defendants believe that Thomas L. Getz is currently the titled

owner of the property.OA663 - S

(Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Sep 07 8:44 AM-12CV009367

13. Defendants deny each and every allegation contained in Numbered Paragraph
Thirteen (13) of Plaintiff's Complaint.

14. Defendants deny each and every allegation contained in Numbered Paragraph
Fourteen (14) of Plaintiffs Complaint

15. Defendants deny each and every allegation contained in Numbered Paragraph
Fifteen (15) of Plaintiffs Complaint

16. Defendants are without knowledge or information sufficient to form a belief to the
allegations in Numbered Paragraph Sixteen (16) of Plaintiff's Complaint and therefore deny the
same.

17. Defendants deny each and every allegations not specifically admitted herein.

SECOND DEFENSE

18. The Plaintiff's Complaint fails to state a claim against the Defendants upon which

relief may be granted.
THIRD DEFENSE

19. The Plaintiff has failed to join necessary parties pursuant to Rule 19 and/or Rule

19.1 of the Ohio Rules of Civil Procedure.
FOURTH DEFENSE

20. The Plaintiff has failed to provide proof that it is the holder of the account subject

to this action.
SIXTH DEFENSE

21. Defendants reserves the right to add additional defenses as they are discovered.OA663 - S.

Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Sep 07 8:44 AM-12CV009367

WHEREFORE, the Defendants, The Estate of Thomas Leo Getz, Danielle D. Getz-

Woyan, Individually and as Administrator, demand that the Plaintiffs Complaint be dismissed as

against him, that the Defendants be granted their costs and attorney’s fees expended herein, and

for such other relief to which they may be entitled in law and/or equity.

Respectfully submitted,

PRICE LAW FIRM, LLC

/s/ Bryan R. Moore
Bryan R. Moore (0085187)
Gary Paul Price (0010296)
Attorneys for Defendants, The Estate of
Thomas Leo Getz, Danielle D. Getz-Woyan,
Administrator, and Danielle D. Getz- Woyan,
Individually
Price Law Firm, LLC
555 City Park Avenue
Columbus, Ohio 43215
Telephone: (614) 224-2319
Email: Bryan.Moore@PriceLawOhio.com
Email: Gary.Price @ PriceLawOhio.com
Fax: (614) 224-4708OA663 - S.

3hranklin County Ohio Clerk of Courts of the Common Pleas- 2012 Sep 07 8:44 AM-12CV009367

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the foregoing was
served upon the following via U.S. Mail, postage prepaid this 7 day of September, 2012:

Bank One, NA

132 E. Washington Street
Indianapolis, IN 46204
Defendant

The undersigned hereby certifies that a true and accurate copy of the foregoing was
served upon the following individuals through the Court’s electronic filing system at the email
address registered with the Court on this 7” day of September, 2012:

Thomas D. Richards, Esq.
Attorney for Plaintiff, Fifth Third Bank

/s/ Bryan R. Moore
Bryan R. Moore (0085187)
Gary Paul Price (0010296)
Attorneys for Defendants, The Estate of
Thomas Leo Getz, Danielle D. Getz-Woyan,
Administrator, and Danielle D. Getz-Woyan,
Individually