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IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO
ORDER OF SALE
Revised Code, Sec. 2329.09-.17-.53
The State of Ohio, Delaware County, Common Pleas Court
To the Sheriff of said County:
Whereas, at a term of the Common Pleas Court, held at the Court House in and for said
County, on FEBRUARY 09, 2012
FIFTH THIRD MORTGAGE COMPANY obtained’a judgment and decree against PATRICIA S
WRIGHT for the sum of $99,800.63 dollars, and costs to be determined, in Case No: 11 CV E 12
1543.
And whereas, it was then and there by said Court ordered, adjudged and decreed that the
said PATRICIA S WRIGHT within THREE (3) days from FEBRUARY 09, 2012 pay unto the
said FIFTH THIRD MORTGAGE COMPANY the said sum of $99,800.63 dollars, with interest
at 5.25 per cent from APRIL 01, 2011 and costs aforesaid; and upon default to pay the same, that
an order of sale issue 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 in the
Plaintiff’s petition, etc.
And whereas, the THREE (3) 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:
We therefore command you, that you proceed without delay to appraise, advertise and
sell, according to the statutes regulating judgments and executions at law, the following described
lands and tenements, situate in Delaware County, Ohio, to wit:
*SEE ATTACHED DOCUMENT
To make the sum of $99,800.63 dollars judgment with the said interest thereon, and costs
aforesaid; and that you also pay the costs of this writ, and all increase and accruing costs; 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 Delaware Ohio, today February 22, 2012.
JAN ANTONOPLOS
cory Clerk
Deputy Clerk
CVE 12
A
SALEe. @
IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
Case No. 11 CV E 12 1543
Fifth Third Mortgage Company
Plaintiff, ay of Judge Everett H. Krueger
vs.
JUDGMENT ENTRY AND DECREE
IN FORECLOSURE
Patricia S. Wright, et al.
Defendants.
This matter is before the Court on Plaintiff's Motion for Default Judgment. The real
property that is the subject of this foreclosure action (the "Property") is as follows
o>
Situated in the County of Delaware, State of Ohio and in the Village of Aistiley:
2D
x=
‘ONY G~ 8342102
140,
Being Lot Number Eighty (80) in the Village of Ashley.
The Court finds that the Delaware County Treasurer has filed an Answer Faimi
nag an
interest in the Property. The Court finds that such interest is senior in priority to the mortgage
held by Plaintiff.
‘In response to the Motion for Default Judgment, the Court finds that Patricia S. Wright
and Unknown Spouse (if any) of Patricia §. Wright have been served with a Summons and
Complaint but are in default for failure to file an Answer or other responsive pleading. Asa
result, with respect to such defendants, the Court hereby grants Plaintiff's Motion for Default
Judgment and enters judgment in favor of Plaintiff for the relief sought by Plaintiff in its
Complaint.
E42
NCVENZ
1543
IA8 @
The Court further finds that Patricia S. Wright executed the promissory note referenced in
the Complaint (the "Note") and therefore promised, among other things, to make monthly
payments on or before the date such payments were due. The Court further finds that the sums
due under the Note were accelerated in accordance with the terms of the Note and Mortgage.
The Court further finds that Patricia S. Wright executed and delivered the mortgage referenced in
the Complaint (the "Mortgage"), that the Mortgage secures the amounts due under the Note.
The Court finds that the Note and Mortgage are in default because payments required to
be made under the Note and Mortgage have not been made. The Court further finds that the
conditions of the Mortgage have broken, the break is absolute, and Plaintiff is entitled to have the
equity of redemption and dower of the current title holders foreclosed.
The Court further finds that there is due to Plaintiff on the Note principal in the amount
of $99,800.63 plus interest on the principal amount at the rate of 5.25% per annum from April 1,
2011. The Court further finds that there is due on the Note all late charges imposed under the’
Note, all advances made for the payment of real estate taxes and assessments and insurance
premiums, and all costs and expenses incurred for the enforcement of the Note and Mortgage,
except to the extent the payment of one or more specific such items is prohibited by Ohio law.
The Court notes that, all personal obligations of Patricia S. Wright on the Note have been
discharged under the United States Bankruptcy Code. As a result, the Court does not grant
personal judgment against Patricia S. Wright for the amount due on the Note.
The Court finds that the Mortgage was recorded with the County Recorder and is a valid
and subsisting first mortgage on the Property. The Court further finds that the parties to the
Mortgage intended that it attach to the entire fee simple interest in the Property. The Mortgage is,
Refif 11-025331/KEJ , : E42however, junior in priority under Ohio law to the lien held by the County Treasurer to secure the
payment of real estate taxes and assessments. All amounts payable under Section 323.47 of the
Ohio Revised Code shall be paid from the proceeds of the sale before any distribution is made to
other lien holders.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that unless the sums
found to be due to Plaintiff are fully paid within three (3) days from the date of the entry of this
decree, the equity of redemption of the defendant title holders in the Property shall be foreclosed
and the Property shall be sold free of the interests of all parties to this action. In addition, an
order of sale shall issue to the Sheriff of Delaware County, directing him to appraise, advertise
and sell the Property according to the law and the orders of this Court and to report his
proceedings to this Court.
Notice of the time and place of the sale of the Property shall be given to all persons who
have an interest in the Property according to the provisions of Section 2329.26 of the Ohio
Revised Code.
ITIS 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.
There is no just reason for delay in entering Judgment as aforesaid.
IT IS SO ORDERED.
THISISAFINAL APPEALABLE ORDER.
THEREIS NO JUST CAUSE FOR DELAY.
Judge Everett H. Krueg:
Common Pleas Judge
Ref 11-025331/KEJ E42Direction to Clerk:
Pursuant to Civ.R.58(B), you are to serve
notice of this judgment and its date of
entry upon the journal to all parties not
in default for failure to appear within
three days of the judgment’s entry upon ,
the journal, and note thé service in the The Cierk is ordered to serve upon
appearance docket. . all parties not in default to appear,
notice of the judgment and date of entry
upon the journat within three days of
cit fournalization
{ 7s document sent to
i each attorney/party by?”
rdinary.mail }
Colum us, OH 43216-5028
Telephone: 614-222-4921
Fax: 614-220-5613
Email: mjr2@mdk-lle.com
Attomey for Plaintiff
MDK File Number 11-025331
CIRCULATING FOR APPROVAL
G Scott Miller
Attorney for Delaware County Treasurer
103 N. Union Street
Delaware, OH 43015
740-548-5443
Refif 11-02533 UKE] . E42Denise A Wiley —— “Ge 01:19:56 PM -0500
IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
Fifth Third Mortgage Company _ Case No. 11 CV E 12 1543
Plaintiff, \Gi Judge Everett H. Krueger
.. por
¥ pixel STATEMENT OF
Patricia S, Wright, et al. ACCEPFABL ie
Defendants,
PURPOSES
Thereby certify that the description of the premises hereinafter set forth and listed in
the Delaware County Engineer's Office as standing in the name of Patricia S, Wright is
(acceptable) (segeesepopeGd; to this office for purposes of transfer.
A copy of the Legal Description is attached hereto as Exhibit "A".
LIE: Lacan
Dated: t2fzifn
/ Delaware Coury BugiieerCUUNTY ENGINEER
c« 8
25
. . cone eee ee =
WU CVE12 m
OCA NN AAT ss oe &
00006811760 - 1
mo ©
STAC Bo
x5 2
S =
Co oF
~ eF ©
w&
Received Tine. Pea Pay opM no. 2305.Denise A Viley 6 Ҥ" 01:20:32 PM -0500
EXHIBIT A
Legal Description:
Situated in the County of Delaware, State of Ohio and in the Village of Ashley:
Being Lot Number Eighty (80) in the Village of Ashley.
Parcel Number(s): 1813109009000
Property Address: 42 West High Street, Ashley, OH 43003
Deed Reference Number; dated August 28, 2009, filed August 31, 2009, recorded in Official
Records Volume 0925, Page 0050, Recorder's Office, Delaware County, Ohio
Case Number: 11 CV E 12 1543
Ref# 11-025331/DAW
Received TimeFeb. 8-201. 1: 19PMLNo. 2305.Denise A Wiley —_e—€wT “oe 01:21:05 PM -0500
"5" yee 13, 2011 2:33PM DELAWARE COUNTY RECORDER No 2175 P. N1/48
uo. WLO925 Aitoose
TE en
a at ee
WON ALL MEN BY THESE FSRESENTS, THAT MODRAY HOGVER, @
aingie person, of Délavare County, hie, for valuable consideration
paid, grants with genexel worrenty covenants, to PATAICIA 8.
WRIGHT, tha following REAL PROPERTY:
situated in the County of Delaware, dtate of Ghio and in the
yallage of Ashley, .
Being Lot wumber Highty (80) in the village of Ashley.
Proparty Address; 42 WN. Kigh Street, Ashley, Chip 43003
PIN $10-331-09-009-000
ed
thereon. Algo except. ell taxes and assessments, it =
gotad co the date Dobead’ ald aiver when arastes retinas ‘wate
Priey Instrument Reference: Volume 500, Page 38 of Deed
. Records of Delaware County, Ohiv.
Grantor zoleases oll rights of dower therein.
Bxecuted on thie ook" way of August. Jaog,
NOOREY' Rove,
BY LIVOA BECKRR, HER ASTORNEY- ime 7ACT
~M Received TimeFeb. 82012 1:19PMNo. 2305 + Rock 925. pam Nafta weber sonsantn9e1eeDenise A Wiley owe”
(5/5) oo 01:21:48 PM -0S500
ve aoa DOC. 13. 2011 2:35PM DELAWARE COUNTY RECORDER
Wo. 275 P. 12/48
ree Wlog25 FUEOOS)
QTATH OF GHIO
COOTY OF DHLANARE, 68:
89 ST REMEMBERTD, that on thie, day August, 2009,
pefora me, the cubseriker, a ah Be ac in oh for said cousty
ae SAL Oy AORY seven, Granter ‘to the Tareucing Deed. ad
el ng On
teeone ed the igalag’ thatso iz to \untary dead
nowieaged Phe 30 be hex volt act and
Woover as her otterney-in-fact,
TH TESTINORY THERHO?, f£ have hereunto subscribed Rape and
jegesxed ay seal oa the day and your aforesaid. " 7
‘THIG TROTMMENT FRBPARED BY) G, SCOTT MILLER, ATTORNGY aT LAN,
» ORTO
LRAYERB TINE AGENCY
‘OF DELAWARE, Hit,
Received Time-Feb, 6. -2012- 1:19PM-No, 2305.
Preview
IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO ORDER OF SALE Revised Code, Sec. 2329.09-.17-.53 The State of Ohio, Delaware County, Common Pleas Court To the Sheriff of said County: Whereas, at a term of the Common Pleas Court, held at the Court House in and for said County, on FEBRUARY 09, 2012 FIFTH THIRD MORTGAGE COMPANY obtained’a judgment and decree against PATRICIA S WRIGHT for the sum of $99,800.63 dollars, and costs to be determined, in Case No: 11 CV E 12 1543. And whereas, it was then and there by said Court ordered, adjudged and decreed that the said PATRICIA S WRIGHT within THREE (3) days from FEBRUARY 09, 2012 pay unto the said FIFTH THIRD MORTGAGE COMPANY the said sum of $99,800.63 dollars, with interest at 5.25 per cent from APRIL 01, 2011 and costs aforesaid; and upon default to pay the same, that an order of sale issue 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 in the Plaintiff’s petition, etc. And whereas, the THREE (3) 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: We therefore command you, that you proceed without delay to appraise, advertise and sell, according to the statutes regulating judgments and executions at law, the following described lands and tenements, situate in Delaware County, Ohio, to wit: *SEE ATTACHED DOCUMENT To make the sum of $99,800.63 dollars judgment with the said interest thereon, and costs aforesaid; and that you also pay the costs of this writ, and all increase and accruing costs; 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 Delaware Ohio, today February 22, 2012. JAN ANTONOPLOS cory Clerk Deputy Clerk CVE 12 A SALEe. @ IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO Case No. 11 CV E 12 1543 Fifth Third Mortgage Company Plaintiff, ay of Judge Everett H. Krueger vs. JUDGMENT ENTRY AND DECREE IN FORECLOSURE Patricia S. Wright, et al. Defendants. This matter is before the Court on Plaintiff's Motion for Default Judgment. The real property that is the subject of this foreclosure action (the "Property") is as follows o> Situated in the County of Delaware, State of Ohio and in the Village of Aistiley: 2D x= ‘ONY G~ 8342102 140, Being Lot Number Eighty (80) in the Village of Ashley. The Court finds that the Delaware County Treasurer has filed an Answer Faimi nag an interest in the Property. The Court finds that such interest is senior in priority to the mortgage held by Plaintiff. ‘In response to the Motion for Default Judgment, the Court finds that Patricia S. Wright and Unknown Spouse (if any) of Patricia §. Wright have been served with a Summons and Complaint but are in default for failure to file an Answer or other responsive pleading. Asa result, with respect to such defendants, the Court hereby grants Plaintiff's Motion for Default Judgment and enters judgment in favor of Plaintiff for the relief sought by Plaintiff in its Complaint. E42 NCVENZ 1543 IA8 @ The Court further finds that Patricia S. Wright executed the promissory note referenced in the Complaint (the "Note") and therefore promised, among other things, to make monthly payments on or before the date such payments were due. The Court further finds that the sums due under the Note were accelerated in accordance with the terms of the Note and Mortgage. The Court further finds that Patricia S. Wright executed and delivered the mortgage referenced in the Complaint (the "Mortgage"), that the Mortgage secures the amounts due under the Note. The Court finds that the Note and Mortgage are in default because payments required to be made under the Note and Mortgage have not been made. The Court further finds that the conditions of the Mortgage have broken, the break is absolute, and Plaintiff is entitled to have the equity of redemption and dower of the current title holders foreclosed. The Court further finds that there is due to Plaintiff on the Note principal in the amount of $99,800.63 plus interest on the principal amount at the rate of 5.25% per annum from April 1, 2011. The Court further finds that there is due on the Note all late charges imposed under the’ Note, all advances made for the payment of real estate taxes and assessments and insurance premiums, and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment of one or more specific such items is prohibited by Ohio law. The Court notes that, all personal obligations of Patricia S. Wright on the Note have been discharged under the United States Bankruptcy Code. As a result, the Court does not grant personal judgment against Patricia S. Wright for the amount due on the Note. The Court finds that the Mortgage was recorded with the County Recorder and is a valid and subsisting first mortgage on the Property. The Court further finds that the parties to the Mortgage intended that it attach to the entire fee simple interest in the Property. The Mortgage is, Refif 11-025331/KEJ , : E42however, junior in priority under Ohio law to the lien held by the County Treasurer to secure the payment of real estate taxes and assessments. All amounts payable under Section 323.47 of the Ohio Revised Code shall be paid from the proceeds of the sale before any distribution is made to other lien holders. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that unless the sums found to be due to Plaintiff are fully paid within three (3) days from the date of the entry of this decree, the equity of redemption of the defendant title holders in the Property shall be foreclosed and the Property shall be sold free of the interests of all parties to this action. In addition, an order of sale shall issue to the Sheriff of Delaware County, directing him to appraise, advertise and sell the Property according to the law and the orders of this Court and to report his proceedings to this Court. Notice of the time and place of the sale of the Property shall be given to all persons who have an interest in the Property according to the provisions of Section 2329.26 of the Ohio Revised Code. ITIS 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. There is no just reason for delay in entering Judgment as aforesaid. IT IS SO ORDERED. THISISAFINAL APPEALABLE ORDER. THEREIS NO JUST CAUSE FOR DELAY. Judge Everett H. Krueg: Common Pleas Judge Ref 11-025331/KEJ E42Direction to Clerk: Pursuant to Civ.R.58(B), you are to serve notice of this judgment and its date of entry upon the journal to all parties not in default for failure to appear within three days of the judgment’s entry upon , the journal, and note thé service in the The Cierk is ordered to serve upon appearance docket. . all parties not in default to appear, notice of the judgment and date of entry upon the journat within three days of cit fournalization { 7s document sent to i each attorney/party by?” rdinary.mail } Colum us, OH 43216-5028 Telephone: 614-222-4921 Fax: 614-220-5613 Email: mjr2@mdk-lle.com Attomey for Plaintiff MDK File Number 11-025331 CIRCULATING FOR APPROVAL G Scott Miller Attorney for Delaware County Treasurer 103 N. Union Street Delaware, OH 43015 740-548-5443 Refif 11-02533 UKE] . E42Denise A Wiley —— “Ge 01:19:56 PM -0500 IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO Fifth Third Mortgage Company _ Case No. 11 CV E 12 1543 Plaintiff, \Gi Judge Everett H. Krueger .. por ¥ pixel STATEMENT OF Patricia S, Wright, et al. ACCEPFABL ie Defendants, PURPOSES Thereby certify that the description of the premises hereinafter set forth and listed in the Delaware County Engineer's Office as standing in the name of Patricia S, Wright is (acceptable) (segeesepopeGd; to this office for purposes of transfer. A copy of the Legal Description is attached hereto as Exhibit "A". LIE: Lacan Dated: t2fzifn / Delaware Coury BugiieerCUUNTY ENGINEER c« 8 25 . . cone eee ee = WU CVE12 m OCA NN AAT ss oe & 00006811760 - 1 mo © STAC Bo x5 2 S = Co oF ~ eF © w& Received Tine. Pea Pay opM no. 2305.Denise A Viley 6 “§" 01:20:32 PM -0500 EXHIBIT A Legal Description: Situated in the County of Delaware, State of Ohio and in the Village of Ashley: Being Lot Number Eighty (80) in the Village of Ashley. Parcel Number(s): 1813109009000 Property Address: 42 West High Street, Ashley, OH 43003 Deed Reference Number; dated August 28, 2009, filed August 31, 2009, recorded in Official Records Volume 0925, Page 0050, Recorder's Office, Delaware County, Ohio Case Number: 11 CV E 12 1543 Ref# 11-025331/DAW Received TimeFeb. 8-201. 1: 19PMLNo. 2305.Denise A Wiley —_e—€wT “oe 01:21:05 PM -0500 "5" yee 13, 2011 2:33PM DELAWARE COUNTY RECORDER No 2175 P. N1/48 uo. WLO925 Aitoose TE en a at ee WON ALL MEN BY THESE FSRESENTS, THAT MODRAY HOGVER, @ aingie person, of Délavare County, hie, for valuable consideration paid, grants with genexel worrenty covenants, to PATAICIA 8. WRIGHT, tha following REAL PROPERTY: situated in the County of Delaware, dtate of Ghio and in the yallage of Ashley, . Being Lot wumber Highty (80) in the village of Ashley. Proparty Address; 42 WN. Kigh Street, Ashley, Chip 43003 PIN $10-331-09-009-000 ed thereon. Algo except. ell taxes and assessments, it = gotad co the date Dobead’ ald aiver when arastes retinas ‘wate Priey Instrument Reference: Volume 500, Page 38 of Deed . Records of Delaware County, Ohiv. Grantor zoleases oll rights of dower therein. Bxecuted on thie ook" way of August. Jaog, NOOREY' Rove, BY LIVOA BECKRR, HER ASTORNEY- ime 7ACT ~M Received TimeFeb. 82012 1:19PMNo. 2305 + Rock 925. pam Nafta weber sonsantn9e1eeDenise A Wiley owe” (5/5) oo 01:21:48 PM -0S500 ve aoa DOC. 13. 2011 2:35PM DELAWARE COUNTY RECORDER Wo. 275 P. 12/48 ree Wlog25 FUEOOS) QTATH OF GHIO COOTY OF DHLANARE, 68: 89 ST REMEMBERTD, that on thie, day August, 2009, pefora me, the cubseriker, a ah Be ac in oh for said cousty ae SAL Oy AORY seven, Granter ‘to the Tareucing Deed. ad el ng On teeone ed the igalag’ thatso iz to \untary dead nowieaged Phe 30 be hex volt act and Woover as her otterney-in-fact, TH TESTINORY THERHO?, f£ have hereunto subscribed Rape and jegesxed ay seal oa the day and your aforesaid. " 7 ‘THIG TROTMMENT FRBPARED BY) G, SCOTT MILLER, ATTORNGY aT LAN, » ORTO LRAYERB TINE AGENCY ‘OF DELAWARE, Hit, Received Time-Feb, 6. -2012- 1:19PM-No, 2305.