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IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
Case No. 11 CV E 12 1543
Fifth Third Mortgage Company
Plaintiff, ayy 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
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property that is the subject of this foreclosure action (the "Property" is as follows:
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Situated in the County of Delaware, State of Ohio and in the Village of Ashley:
2S
m=
dO
OY §~ 9347)
Being Lot Number Eighty (80) in the Village of Ashley.
rn
The Court finds that the Delaware County Treasurer has filed an Answer Gfaiming 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 S. 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.
11CVE12
E42
0 NOs
om seramanoncone_’AThe 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,
Ref# 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.
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.
There is no just reason for delay in entering Judgment as aforesaid.
ITIS SO ORDERED.
THIS ISAFINAL APPEALABLE ORDER.
THERES NO JUST CAUSE FOR DELAY.
Judge Evérett H. Kruege;
Common Pleas Judge
Ref#t 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 the service in the The Cierk is ordered to serve upori
appearance docket. all parties not in default to appear,
Aotice of the judgment and date of entry
upon the journa! «thin three days of
joumalization
is document sent to
cach attorney/party byt
rdinary mail }
0, ta ey mailbox
Columbus, OH 43216-5028 | EY certified mail
Telephone: 614-222-4921 amet) |OQUa
Fax: 614-220-5613
Email: mjr2@mdk-Ilc.com
Attorney 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
Ref# 11-02533 1/KEJ : E42IN 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
cor Clerk
Deputy Clerk
CVE IZ
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~ 834 2102
140
Being Lot Number Eighty (80) in the Village of Ashley.
The Court finds that the Delaware County Treasurer has filed an Answer Faimi
ag 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
I
tear cone,_(A8 @
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.
ITISs 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
fhe journal, and note the service in the
appearance docket.
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]
The Gierk is ordered to serve upon
all parties not in default to appear,
notice of the judgment and date of entry
upon the journa! ~ithin three days of
lournalization
7s document sent to
each attorney/party by?”
rdinary.mail }
fax
yey mailbox
| C1 certified mail
E42Denise A Wiley =_e—é “CC 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, \GiN Judge Everett H. Krueger
por
¥ pixel STATEMENT OF
Patricia S, Wright, et al. ACCEPTFABLL i
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) (gegeesepopded; 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
« 8
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Received Tine fe. ea Pa opM no. 2305.Denise A Viley “6 “§s 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—éF (4/5) ; /08/2012 01:21:05 PM -0500
"5" yee 13, 2011 2:33PM DELAWARE COUNTY RECORDER No 2175 P. 1/48
uo. WLO925 Aitoose
AE en
a at one
WOON ALL MG BY THREE PRBOHNTA, THAT ADDRGY M. MQOVER, ©
single poregn, of Delaware County, Chie, fer valuable consideration
paid, grants with genexel worrenty covenants, to PATAICIA 8.
WRIGHT, the following REAL DROPERIYs
situated in tha County of Deleware, dtate of Ghio and in the
yallage of Ashley, .
Being Lot wumber Zighty (80) in the village of Ashley.
Proparty Address; 42 WN. Kigh Street, Ashley, Chip 43003
PIN $10-331-99-009-000
‘Thin dood 2 ured and delivered Grantor and acoepead
Grantee subject to all Vege) bh ye ood “aubiase ‘vo andveith all
Bestrictions, casements, conditions, limieations, and reservations
of sword and to soning poate tims wien fave been imesaed
eon. excep! toms apuosemente, it =
feted Co the dace bereof ad ater widen Grantee Bteunas ond sarees
Priey Instrument Reference: Volume 500, Page 38 of Deed
: Records of Delaware County, Oiiv.
Grantor zoleases oll rights of dower therein.
Bxecuted on thie oli" way of August. Jdog,
NOOREY Rooyen,
BY LIVDA BECKRR, HER ACTORNEY- ime 7ACT
~M Received TimeFebd. 82012 1:19PMNo, 2305 _____________-_ sont #28. sim a o1iaember enoqnan96104Denise A Wiley oe”
(5/5) eo 01:21:48 PM -0S00
yeaa Dec. 13. 2011 2:35PM DELAWARE COUNTY RECORDER
Wo. 2757. 12/48
ret WLog25 FUEOOS)
QTATH OF GHIO
COOTY OF CHLANARE, 68:
88 ST REMEMBERED, that on thie, day August, 2009,
pefora me, che cubseriker, a aah Bo ac in oe for said cousty
and ne atatey pereonelty oa came LDA Mh AG, AFTON THOFACT or
OY AUDREY M4 Granter el ‘o¢epoing Decd, ani
tevone ead the ining. therso iz to \untary dead
nowiedged he 30 be hex volt act and
Woover an her atterney-in-fact,
TH TESTINORY THERHO?, f£ have hereunto subscribed Rane and
jagesxed ay seal oa the day and your aforesaid. . 7
‘THIG IROTRYMENT FRBPARED BY) G, SCOTT MILLER, ATTORNGY aT LAM,
, ORTO
LRAYERB TINE AGENCY
OF DELAWARE, Hic,
5784
Received Time-Feb, 6, -2012- 1:19PM-No, 2305.