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200953576 COURT OF COMMON PLEAS
(k) DELAWARE COUNTY, OHIO
BAC Home Loans Servicing, LP fka | Case No. 09 CV E 12 1838
Countrywide Home Loans Servicing LP
Judge Everett H. Kruegex:
Plaintiff, s
=
-vs-
ENTRY GRANTING SUMMARY
Phil F. Piccolo aka Felix A. Piccolo } JUDGMENT AND DEC SIN ©
and Antionette J. Piccolo aka FORECLOSURE RS sp
i 3 =
Antoinette J. Piccolo, et al i pe 4 Ss =
Defendants. ys we 5 =
ox a2
This matter is before the Court on the Motion for Summary
Judgment of the plaintiff, to obtain judgment upon the Note as
described in the Complaint; and to foreclose the lien of the
Mortgage securing the obligation of such Note upon the real estate
described herein; and to require all parties to set up their
claims to the real estate or be barred.
The Court finds that all necessary parties have been properly
served and are properly before the Court.
The Court finds that the defendants, Phil F. Piccolo aka
Felix A. Piccolo and Antionette J. Piccolo aka Antoinette J.
Piccolo, filed an Answer in response to the plaintiff's
Complaint. The Court finds that the plaintiff has filed a
motion for Summary Judgment supported by a Memorandum and
Affidavit. Upon consideration thereof, the Court finds no
genuine issue as to any material fact and the plaintiff is
d IAGO Aaz
a
a
a
entitled to a Judgment and Decree in Foreclosure as a matter of
law.
The Court finds that the allegations contained in the
Complaint are true and that there is due and owing to the
plaintiff, from the defendants, Phil F. Piccolo aka Felix A.
Piccolo and Antionette J. Piccolo aka Antoinette J. Piccolo,
jointly and severally, upon the subject Note the principal
balance of $89,342.99, for which amount judgment is hereby
rendered in favor of the plaintiff, with interest at the rate of
5.2500 percent per annum from August 1, 2009, and as may be
adjusted pursuant to the terms of the note, together with
advances for taxes, insurance and otherwise expended, plus costs.
The Court finds that the Note is secured by the Mortgage held
by the plaintiff, which mortgage constitutes a valid and first
lien upon the following described premises:
See Exhibit “A”
The Court finds that the Mortgage was filed for record on May
14, 2004, in Mortgage Volume 503, page 2040, of this County's
Recorder's Office; that the conditions of said Mortgage have been
broken and plaintiff is entitled to have the equity of redemption
of the defendant-titleholders foreclosed.
The Court finds that the defendant, Delaware County
Treasurer, has filed an Answer herein asserting an interest in
the real estate which is the subject of this action, whichinterest is senior in priority to plaintiff's interest as
hereinabove set forth.
IT IS THEREFORE, ORDERED that unless the sums hereinabove
found to be due to plaintiff, and the costs of this action, be
fully paid within three (3) days from the date of the entry of
this decree, the equity of redemption of the defendant-
titleholders in said real estate shall be foreclosed and the real
estate sold, free of the interests of all parties herein, and an
order of sale may issue to the Sheriff of this County, directing
him to appraise, advertise and sell said real estate, according to
law and the orders of this Court, and report his proceedings to
this Court.
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.
IT IS FURTHER ORDERED that the Sheriff, upon confirmation of
said sale, shall pay from the proceeds of said sale, upon the
claims herein found, the amounts thereof in the following order of
priority:
1. To the Clerk of this Court, the costs of this action,
including the fees of appraisers.
2. To the Treasurer of this County, the taxes and
assessments, due and payable as of the date of transfer
of the property after Sheriff’s Sale.
3. To the plaintiff, the sum of $89,342.99, with interest
at the rate of 5.2500 percent per annum from August 1,un ‘ @ @
. 2009, and as may be adjusted pursuant to the terms of
th the note, together with advances for taxes, insurance
and otherwise expended, plus costs.
3 4. The balance of the sale proceeds, if any, shall be paid
- by the Sheriff to the Clerk of this Court to await
v further orders of this Court.
finds that there is no just reason for delay.
Trial Counsel
feme Court Reg. #0072545
eme Court Reg. #0075169
erman
bme Court Reg. #0083974
PSON & ROTHFUSS
Attorneys for Plaintiff
P.O. Box 5480
Cincinnati, OH 45201-5480
(513) 241-3100attyemail@lsrlaw.com
Jonathan C. Lewis
Attorney for Phil F. Piccolo aka Felix A. Piccolo and Antionette
J. Piccolo aka Antoinette Piccolo
Christopher D. Bes
Attorney for Delaware County Treasurer
[Pint aemmentaeatio
. ee
| Ti8 1S AFINAL APPEALABLE ORDER, «| Gite -
THENE IS NO JUST CAUSE FOR DeLay, | Eysttormes maste™
Date; [41 lio By:_ COSOLSbirb oie
Exhibit “A”
Legal Description
Situated in the County of Delaware, State of Ohio, and in the City of Delaware:
Being Lot Number 5853 in Nottingham Section 1, as the same is numbered and
delineated upon the recorded plat thereof, of record in Plat Cabinet 1, Slide 300,
Recorders Office, Delaware County, Ohio. .
Property Address: 148 Blue Spruce Court, Delaware, Ohic 43015
Parcel No.: $19-313-10-049-000
Prior Instrument No: 886 page 1806
seen Yo 30 20/0 :
LE LE we —
A
FL EC INEER
Oe oe Soy
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200953576 COURT OF COMMON PLEAS (k) DELAWARE COUNTY, OHIO BAC Home Loans Servicing, LP fka | Case No. 09 CV E 12 1838 Countrywide Home Loans Servicing LP Judge Everett H. Kruegex: Plaintiff, s = -vs- ENTRY GRANTING SUMMARY Phil F. Piccolo aka Felix A. Piccolo } JUDGMENT AND DEC SIN © and Antionette J. Piccolo aka FORECLOSURE RS sp i 3 = Antoinette J. Piccolo, et al i pe 4 Ss = Defendants. ys we 5 = ox a2 This matter is before the Court on the Motion for Summary Judgment of the plaintiff, to obtain judgment upon the Note as described in the Complaint; and to foreclose the lien of the Mortgage securing the obligation of such Note upon the real estate described herein; and to require all parties to set up their claims to the real estate or be barred. The Court finds that all necessary parties have been properly served and are properly before the Court. The Court finds that the defendants, Phil F. Piccolo aka Felix A. Piccolo and Antionette J. Piccolo aka Antoinette J. Piccolo, filed an Answer in response to the plaintiff's Complaint. The Court finds that the plaintiff has filed a motion for Summary Judgment supported by a Memorandum and Affidavit. Upon consideration thereof, the Court finds no genuine issue as to any material fact and the plaintiff is d IAGO Aaz a a a entitled to a Judgment and Decree in Foreclosure as a matter of law. The Court finds that the allegations contained in the Complaint are true and that there is due and owing to the plaintiff, from the defendants, Phil F. Piccolo aka Felix A. Piccolo and Antionette J. Piccolo aka Antoinette J. Piccolo, jointly and severally, upon the subject Note the principal balance of $89,342.99, for which amount judgment is hereby rendered in favor of the plaintiff, with interest at the rate of 5.2500 percent per annum from August 1, 2009, and as may be adjusted pursuant to the terms of the note, together with advances for taxes, insurance and otherwise expended, plus costs. The Court finds that the Note is secured by the Mortgage held by the plaintiff, which mortgage constitutes a valid and first lien upon the following described premises: See Exhibit “A” The Court finds that the Mortgage was filed for record on May 14, 2004, in Mortgage Volume 503, page 2040, of this County's Recorder's Office; that the conditions of said Mortgage have been broken and plaintiff is entitled to have the equity of redemption of the defendant-titleholders foreclosed. The Court finds that the defendant, Delaware County Treasurer, has filed an Answer herein asserting an interest in the real estate which is the subject of this action, whichinterest is senior in priority to plaintiff's interest as hereinabove set forth. IT IS THEREFORE, ORDERED that unless the sums hereinabove found to be due to plaintiff, and the costs of this action, be fully paid within three (3) days from the date of the entry of this decree, the equity of redemption of the defendant- titleholders in said real estate shall be foreclosed and the real estate sold, free of the interests of all parties herein, and an order of sale may issue to the Sheriff of this County, directing him to appraise, advertise and sell said real estate, according to law and the orders of this Court, and report his proceedings to this Court. 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. IT IS FURTHER ORDERED that the Sheriff, upon confirmation of said sale, shall pay from the proceeds of said sale, upon the claims herein found, the amounts thereof in the following order of priority: 1. To the Clerk of this Court, the costs of this action, including the fees of appraisers. 2. To the Treasurer of this County, the taxes and assessments, due and payable as of the date of transfer of the property after Sheriff’s Sale. 3. To the plaintiff, the sum of $89,342.99, with interest at the rate of 5.2500 percent per annum from August 1,un ‘ @ @ . 2009, and as may be adjusted pursuant to the terms of th the note, together with advances for taxes, insurance and otherwise expended, plus costs. 3 4. The balance of the sale proceeds, if any, shall be paid - by the Sheriff to the Clerk of this Court to await v further orders of this Court. finds that there is no just reason for delay. Trial Counsel feme Court Reg. #0072545 eme Court Reg. #0075169 erman bme Court Reg. #0083974 PSON & ROTHFUSS Attorneys for Plaintiff P.O. Box 5480 Cincinnati, OH 45201-5480 (513) 241-3100attyemail@lsrlaw.com Jonathan C. Lewis Attorney for Phil F. Piccolo aka Felix A. Piccolo and Antionette J. Piccolo aka Antoinette Piccolo Christopher D. Bes Attorney for Delaware County Treasurer [Pint aemmentaeatio . ee | Ti8 1S AFINAL APPEALABLE ORDER, «| Gite - THENE IS NO JUST CAUSE FOR DeLay, | Eysttormes maste™ Date; [41 lio By:_ COSOLSbirb oie Exhibit “A” Legal Description Situated in the County of Delaware, State of Ohio, and in the City of Delaware: Being Lot Number 5853 in Nottingham Section 1, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Cabinet 1, Slide 300, Recorders Office, Delaware County, Ohio. . Property Address: 148 Blue Spruce Court, Delaware, Ohic 43015 Parcel No.: $19-313-10-049-000 Prior Instrument No: 886 page 1806 seen Yo 30 20/0 : LE LE we — A FL EC INEER Oe oe Soy