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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, August 09, 2012 3:50:54 PM
CASE NUMBER: 2012 CV 05775 Docket ID: 17422704
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
STATE OF OHIO, ex rel. : CASE NO.
CITY OF TROTWOOD, OHIO JUDGE
3035 North Olive Road :
Trotwood, OH 45426
:
Plaintiff,
:
v.
:
SYLVESTER BALLARD COMPLAINT TO ABATE NUISANCE,
104 Salem Avenue : FOR INJUNCTION AGAINST
Dayton, OH 45406 NUISANCE AND FOR DAMAGES
:
GWENDOLYN BALLARD
104 Salem Avenue :
Dayton, OH 45406
:
UNKNOWN TENANTS, if any, of
4143 Salem Avenue :
Trotwood, OH 45426
:
BAYVIEW FINANCIAL, L.P.
4425 Ponce De Leon Boulevard :
Fifth Floor
Coral Gables, FL 33146 :
KARL KEITH, MONTGOMERY :
COUNTY AUDITOR
451 West Third Street :
Dayton, OH 45422
:
CAROLYN RICE, MONTGOMERY
COUNTY TREASURER :
451 West Third Street
CO., L.P.A.
Dayton, OH 45422 :
ONE SOUTH MAIN STREET
SUITE 1590
DAYTON, OHIO 45402-2026 Defendants. :
IDENTIFICATION OF PARTIES
1. Plaintiff, CITY OF TROTWOOD, OHIO (“Plaintiff”), is a municipality duly
incorporated pursuant to the laws of the State of Ohio and located within the County of
Montgomery, State of Ohio.
2. Defendant SYLVESTER BALLARD is the record owner of certain real property
located at 4143 - 4151 Salem Avenue, Trotwood, Ohio 45426 (the “Property”), described more
particularly as being:
Situate in the City of Trotwood, County of Montgomery and State of Ohio, and being
part of the Southeast quarter of Section 12 and part of the Northeast quarter of Section
13, Town 4, Range 5 East, etc., bounded and described as follows:
Beginning on the South line of said Section No. 12 at a point bearing South 89 deg.
West, Six Hundred and Fifty-Five and 57/100 (655.57) feet from as tone at the
Southeast corner of said Section No. 12; thence running North 0 deg. 31’ West, Three
Hundred and Fourteen and 4/10 (314.4) feet to an iron pipe; thence South 89 deg. 29’
West, One Hundred and Twenty-Five and 25/100 (125.25) feet to an iron pipe; thence
South 0 deg. 31’ East, Two Hundred and Ninety-Five and 5/10 (295.5) feet to a point
in the middle of Dayton and Salem Turnpike; thence South 50 deg. 40’ East, along the
middle of said turnpike; One Hundred and Sixty-Three and 15/100 (163.15) feet to an
iron pin; thence North 0 deg. 31’ West, Eighty-Five and 6/10 (85.6) feet to the place of
beginning, containing One (1) acre, excepting therefrom the following described real
estate:
Situate in the City of Trotwood, County of Montgomery and State of Ohio, and
bounded and described as follows:
Being part of the Southeast quarter of Section 12 and part of the Northeast quarter of
Section 13, Town 4, Range 5E, etc., bounded as follows:
Run South 89 deg., West Seven Hundred and Fifty-Seven (757) feet from the southeast
corner of said Section 12 to the Center of Dayton and Salem Turnpike, thence North 50
deg. 40’ West along the center of said turnpike, Thirty-Five and 58/100 (35.58) feet to
the place of beginning; thence North 0 deg. 31’ West Two Hundred, Ninety Five and
5/10 (295.5) feet to an iron pipe; thence North 89 deg. 29’ East Fifty (50) feet to a
corner; thence South 0 deg. 31’ East, Three Hundred and Thirty-Seven and 21/100
(337.21) feet to a point in the middle of the Dayton and Salem Turnpike; thence North
50 deg. 40’ East along the middle of said turnpike Sixty-Five and 13/100 (65.13) feet
to the place of beginning, containing 0.363 of an acre more or less and being the same
premises transferred by Lula A. Basore, widow, to Mabel I Ullery on February 26,
1931 and recorded in Deed Book 683, Page 323 of the records of Montgomery County,
CO., L.P.A.
Ohio.
ONE SOUTH MAIN STREET
SUITE 1590
DAYTON, OHIO 45402-2026 Parcel No. H33302112 0030
Also known as: 4143 – 4151 Salem Avenue, Trotwood, OH 45426
3. Defendant GWENDOLYN BALLARD, as the spouse of Defendant Sylvester
Ballard may have a property interest in the Property by virtue of being his spouse.
4. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property
by virtue of a mortgage recorded August 8, 2005 in Instrument No. 05-077854 and assigned on
March 31, 2008 in Instrument No. 08-022576.
5. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property
by virtue of an Assignment of Leases and Rents recorded August 8, 2005 in Instrument No. 05-
077855 and assigned on February 25, 2008 in Instrument No. 08-012602.
6. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property
by virtue of a mortgage recorded August 8, 2005 in Instrument No. 05-077856 and assigned on
March 31, 2008 in Instrument No. 08-022577.
7. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property
by virtue of an Assignment of Leases and Rents recorded August 8, 2005 in Instrument No. 05-
077857 and assigned on February 25, 2008 in Instrument No. 08-012601.
8. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property
by virtue of a Financing Statement recorded August 29, 2005 in Instrument No. 05-086504 and
continued on August 24, 2010 in Instrument No. 10-050556.
9. Defendants UNKNOWN TENANTS, if any, may have a interest in the Property
by virtue of a written or oral lease.
10. Defendant KARL KEITH, MONTGOMERY COUNTY AUDITOR and
CAROLYN RICE, MONTGOMERY COUNTY TREASURER may have an interest in the
Property by reason of unpaid real estate taxes and assessments.
FIRST CAUSE OF ACTION
11. Plaintiff incorporates paragraphs 1 through 10 as if fully rewritten herein.
12. The commercial building located at the Property has been severely damaged
and/or has become dilapidated and in disrepair, specifically including but not limited to its main
structure, roofs, gutters, and downspouts.
13. The Property has also incurred heavy damage due to a fire that occurred on
September 8, 2010. A copy of the report is attached as Exhibit “A” and is incorporated by
reference.
CO., L.P.A.
ONE SOUTH MAIN STREET
SUITE 1590
DAYTON, OHIO 45402-2026
14. The roof of the building on the Property is caving in due to the fire that occurred
on September 8, 2010. Photographs depicting the general condition of the property on or about
July 23, 2012 are attached as Exhibit “B” and are incorporated by reference.
15. As a result of such damage, dilapidation, and/or disrepair, the Property has
become a menace to the public health, safety, and welfare.
16. As a result of such damage, dilapidation, and/or disrepair, the Property is
structurally unsafe, and constitutes a fire hazard.
17. As a result of such damage, dilapidation, and/or disrepair, the Property is
otherwise dangerous to human life and/or no longer fit and habitable.
18. The Property, in relation to its existing use as a commercial building, constitutes
a hazard to the public health, safety, and welfare by reason of inadequate maintenance,
dilapidation, obsolescence, and/or abandonment.
19. The condition of the Property is such that it presents a clear and present danger to
the people of Trotwood and is directly and/or proximately causing damage to the real estate
surrounding the area.
20. The Property is a public nuisance within the meaning of Ohio Revised Code
§3767.41(A)(2)(a).
21. The actions of Defendant SYLVESTER BALLARD, in maintaining the Property
in a state of damage, dilapidation, and/or disrepair, constitute a public nuisance in violation of
Ohio Revised Code §3767.41(A).
22. As long as the public nuisance is maintained by said Defendants or at his and/or
her direction, damages and injuries to Trotwood will continue.
23. Trotwood has no alternative remedy at law.
SECOND CAUSE OF ACTION
24. Plaintiff incorporates paragraphs 1 through 23 as if fully rewritten herein.
25. Section § 1345.03 of the Trotwood Code of Ordinances (“TCO”) requires the
Property to be maintained in a clean, safe, secure and sanitary condition.
26. Section § 1345.04(f) of the TCO requires property owners to keep all areas free
from weeds or plant growth which is noxious or detrimental to the public health and welfare.
27. Section § 1345.05(c) of the TCO requires property owners to maintain the
CO., L.P.A.
ONE SOUTH MAIN STREETexterior of the structure so every foundation, exterior wall, roof and all other exterior surfaces
SUITE 1590
exclude
DAYTON, OHIO 45402-2026 rodents, prevent flaking or peeling paint, prevent exposed wood where it should be
painted, and all surfaces shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, or other conditions indicative of deterioration or inadequate maintenance.
28. Section § 1345.05(f) of the TCO requires property owners to maintain all roofs to
be structurally sound, tight and not have defects which might admit rain, and roof drainage shall
be adequate to prevent rain water from causing dampness in the walls or interior portion of the
building.
29. Section § 1345.06(f) of the TCO requires property owners to maintain the
interior of a building reasonably free from dampness to prevent conditions conducive to decay
or deterioration of the structure.
30. Section § 1353.05 of the TCO also requires property owners to provide fire
protection systems to prevent a fire hazard of any structures.
31. Section § 1357.02(d) of the TCO states any premises designated as unsafe for
human habitation or use shall be considered a nuisance.
32. Section § 1357.02(e) of the TCO states any premises which are manifestly
capable of being a fire hazard or are manifestly unsafe or insecure as to endanger life, limb or
property shall be considered a nuisance.
33. Section § 1313.03 states a notice of closing or vacancy of a building must be
registered with the City Official within thirty (30) days of becoming vacant by written notice by
the owner of the building and the owner must provide such information and documentation as
may be required by the Building Official.
34. The commercial structure on the Property is in a deteriorated state, with peeling
paint, deteriorating structural members and siding, and inadequate roofing.
35. The condition of the Property is dangerous, unsafe, unsanitary, or otherwise unfit
for human habitation, occupancy, or use, and presents a threat to the public health, safety or
welfare.
36. The condition of the Property as described constitutes a nuisance and violates
Sections 1345.03, 1345.04(f), 1345.05(c), 1345.05(f), 1345.06(f), 1353.05, 1357.02(d),
1357.02(e), and 1313.03 of the TCO.
37. In accordance with Section § 1341.13 of the TCO, Trotwood has provided notice
of the foregoing violations, and has afforded Defendant a reasonable opportunity to abate the
nuisance.
38. Defendant SYLVESTER BALLARD has failed to comply with, or to institute
any legal action or appeal of, the notice of violation, in direct violation of the TCO, thereby
CO., L.P.A.
ONE SOUTH MAIN STREETcontinuing the risk to the health and safety of the people of the City of Trotwood.
SUITE 1590
DAYTON, OHIO 45402-2026
39. As long as the Property is maintained by said Defendant or at his direction in the
above-described condition, the damages and injuries to the City of Trotwood will continue.
40. Trotwood has no alternative remedy at law.
41. Trotwood seeks an abatement order requiring said Defendant to correct the
foregoing violations or to raze the commercial structure located at the Property, or in the
alternative, permitting the City of Trotwood or other interested party to undertake the same and
assess the costs thereof as a lien against the Property.
WHEREFORE, Pursuant to Ohio Revised Code §3767.03, the CITY OF TROTWOOD
prays that this Court order the Defendants to ABATE the nuisance previously described herein
and, further perpetually enjoin the Defendants from maintaining it. FURTHER, Plaintiff seeks
that this Court issue an INJUNCTION against Defendants whereby said Defendants would be
enjoined from the operation of the nuisance as herein described. FURTHER, Plaintiff seeks
any and all other damages, including the costs and bond of this action, attorney fees,
consequential and incidental damages and any other damages to which it may be entitled in law
or equity.
Respectfully submitted,
ALTICK & CORWIN CO., L.P.A.
/s/ Stephen M. McHugh
Stephen M. McHugh, #0018788
Amelia N. Blankenship, #0082254
Scott A. Miller, #0088204
One South Main Street, Suite 1590
Dayton, Ohio 45402
Telephone: (937) 223-1201
Facsimile: (937) 223-5100
Email: mchughs@altickcorwin.com
blankenshipa@altickcorwin.com
millers@altickcorwin.com
Attorney for Plaintiff
CO., L.P.A.
ONE SOUTH MAIN STREET
SUITE 1590
DAYTON, OHIO 45402-2026
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, August 09, 2012 3:50:54 PM CASE NUMBER: 2012 CV 05775 Docket ID: 17422704 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION STATE OF OHIO, ex rel. : CASE NO. CITY OF TROTWOOD, OHIO JUDGE 3035 North Olive Road : Trotwood, OH 45426 : Plaintiff, : v. : SYLVESTER BALLARD COMPLAINT TO ABATE NUISANCE, 104 Salem Avenue : FOR INJUNCTION AGAINST Dayton, OH 45406 NUISANCE AND FOR DAMAGES : GWENDOLYN BALLARD 104 Salem Avenue : Dayton, OH 45406 : UNKNOWN TENANTS, if any, of 4143 Salem Avenue : Trotwood, OH 45426 : BAYVIEW FINANCIAL, L.P. 4425 Ponce De Leon Boulevard : Fifth Floor Coral Gables, FL 33146 : KARL KEITH, MONTGOMERY : COUNTY AUDITOR 451 West Third Street : Dayton, OH 45422 : CAROLYN RICE, MONTGOMERY COUNTY TREASURER : 451 West Third Street CO., L.P.A. Dayton, OH 45422 : ONE SOUTH MAIN STREET SUITE 1590 DAYTON, OHIO 45402-2026 Defendants. : IDENTIFICATION OF PARTIES 1. Plaintiff, CITY OF TROTWOOD, OHIO (“Plaintiff”), is a municipality duly incorporated pursuant to the laws of the State of Ohio and located within the County of Montgomery, State of Ohio. 2. Defendant SYLVESTER BALLARD is the record owner of certain real property located at 4143 - 4151 Salem Avenue, Trotwood, Ohio 45426 (the “Property”), described more particularly as being: Situate in the City of Trotwood, County of Montgomery and State of Ohio, and being part of the Southeast quarter of Section 12 and part of the Northeast quarter of Section 13, Town 4, Range 5 East, etc., bounded and described as follows: Beginning on the South line of said Section No. 12 at a point bearing South 89 deg. West, Six Hundred and Fifty-Five and 57/100 (655.57) feet from as tone at the Southeast corner of said Section No. 12; thence running North 0 deg. 31’ West, Three Hundred and Fourteen and 4/10 (314.4) feet to an iron pipe; thence South 89 deg. 29’ West, One Hundred and Twenty-Five and 25/100 (125.25) feet to an iron pipe; thence South 0 deg. 31’ East, Two Hundred and Ninety-Five and 5/10 (295.5) feet to a point in the middle of Dayton and Salem Turnpike; thence South 50 deg. 40’ East, along the middle of said turnpike; One Hundred and Sixty-Three and 15/100 (163.15) feet to an iron pin; thence North 0 deg. 31’ West, Eighty-Five and 6/10 (85.6) feet to the place of beginning, containing One (1) acre, excepting therefrom the following described real estate: Situate in the City of Trotwood, County of Montgomery and State of Ohio, and bounded and described as follows: Being part of the Southeast quarter of Section 12 and part of the Northeast quarter of Section 13, Town 4, Range 5E, etc., bounded as follows: Run South 89 deg., West Seven Hundred and Fifty-Seven (757) feet from the southeast corner of said Section 12 to the Center of Dayton and Salem Turnpike, thence North 50 deg. 40’ West along the center of said turnpike, Thirty-Five and 58/100 (35.58) feet to the place of beginning; thence North 0 deg. 31’ West Two Hundred, Ninety Five and 5/10 (295.5) feet to an iron pipe; thence North 89 deg. 29’ East Fifty (50) feet to a corner; thence South 0 deg. 31’ East, Three Hundred and Thirty-Seven and 21/100 (337.21) feet to a point in the middle of the Dayton and Salem Turnpike; thence North 50 deg. 40’ East along the middle of said turnpike Sixty-Five and 13/100 (65.13) feet to the place of beginning, containing 0.363 of an acre more or less and being the same premises transferred by Lula A. Basore, widow, to Mabel I Ullery on February 26, 1931 and recorded in Deed Book 683, Page 323 of the records of Montgomery County, CO., L.P.A. Ohio. ONE SOUTH MAIN STREET SUITE 1590 DAYTON, OHIO 45402-2026 Parcel No. H33302112 0030 Also known as: 4143 – 4151 Salem Avenue, Trotwood, OH 45426 3. Defendant GWENDOLYN BALLARD, as the spouse of Defendant Sylvester Ballard may have a property interest in the Property by virtue of being his spouse. 4. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property by virtue of a mortgage recorded August 8, 2005 in Instrument No. 05-077854 and assigned on March 31, 2008 in Instrument No. 08-022576. 5. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property by virtue of an Assignment of Leases and Rents recorded August 8, 2005 in Instrument No. 05- 077855 and assigned on February 25, 2008 in Instrument No. 08-012602. 6. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property by virtue of a mortgage recorded August 8, 2005 in Instrument No. 05-077856 and assigned on March 31, 2008 in Instrument No. 08-022577. 7. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property by virtue of an Assignment of Leases and Rents recorded August 8, 2005 in Instrument No. 05- 077857 and assigned on February 25, 2008 in Instrument No. 08-012601. 8. Defendant BAY VIEW FINANCIAL, L.P. may have an interest in the Property by virtue of a Financing Statement recorded August 29, 2005 in Instrument No. 05-086504 and continued on August 24, 2010 in Instrument No. 10-050556. 9. Defendants UNKNOWN TENANTS, if any, may have a interest in the Property by virtue of a written or oral lease. 10. Defendant KARL KEITH, MONTGOMERY COUNTY AUDITOR and CAROLYN RICE, MONTGOMERY COUNTY TREASURER may have an interest in the Property by reason of unpaid real estate taxes and assessments. FIRST CAUSE OF ACTION 11. Plaintiff incorporates paragraphs 1 through 10 as if fully rewritten herein. 12. The commercial building located at the Property has been severely damaged and/or has become dilapidated and in disrepair, specifically including but not limited to its main structure, roofs, gutters, and downspouts. 13. The Property has also incurred heavy damage due to a fire that occurred on September 8, 2010. A copy of the report is attached as Exhibit “A” and is incorporated by reference. CO., L.P.A. ONE SOUTH MAIN STREET SUITE 1590 DAYTON, OHIO 45402-2026 14. The roof of the building on the Property is caving in due to the fire that occurred on September 8, 2010. Photographs depicting the general condition of the property on or about July 23, 2012 are attached as Exhibit “B” and are incorporated by reference. 15. As a result of such damage, dilapidation, and/or disrepair, the Property has become a menace to the public health, safety, and welfare. 16. As a result of such damage, dilapidation, and/or disrepair, the Property is structurally unsafe, and constitutes a fire hazard. 17. As a result of such damage, dilapidation, and/or disrepair, the Property is otherwise dangerous to human life and/or no longer fit and habitable. 18. The Property, in relation to its existing use as a commercial building, constitutes a hazard to the public health, safety, and welfare by reason of inadequate maintenance, dilapidation, obsolescence, and/or abandonment. 19. The condition of the Property is such that it presents a clear and present danger to the people of Trotwood and is directly and/or proximately causing damage to the real estate surrounding the area. 20. The Property is a public nuisance within the meaning of Ohio Revised Code §3767.41(A)(2)(a). 21. The actions of Defendant SYLVESTER BALLARD, in maintaining the Property in a state of damage, dilapidation, and/or disrepair, constitute a public nuisance in violation of Ohio Revised Code §3767.41(A). 22. As long as the public nuisance is maintained by said Defendants or at his and/or her direction, damages and injuries to Trotwood will continue. 23. Trotwood has no alternative remedy at law. SECOND CAUSE OF ACTION 24. Plaintiff incorporates paragraphs 1 through 23 as if fully rewritten herein. 25. Section § 1345.03 of the Trotwood Code of Ordinances (“TCO”) requires the Property to be maintained in a clean, safe, secure and sanitary condition. 26. Section § 1345.04(f) of the TCO requires property owners to keep all areas free from weeds or plant growth which is noxious or detrimental to the public health and welfare. 27. Section § 1345.05(c) of the TCO requires property owners to maintain the CO., L.P.A. ONE SOUTH MAIN STREETexterior of the structure so every foundation, exterior wall, roof and all other exterior surfaces SUITE 1590 exclude DAYTON, OHIO 45402-2026 rodents, prevent flaking or peeling paint, prevent exposed wood where it should be painted, and all surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, or other conditions indicative of deterioration or inadequate maintenance. 28. Section § 1345.05(f) of the TCO requires property owners to maintain all roofs to be structurally sound, tight and not have defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building. 29. Section § 1345.06(f) of the TCO requires property owners to maintain the interior of a building reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. 30. Section § 1353.05 of the TCO also requires property owners to provide fire protection systems to prevent a fire hazard of any structures. 31. Section § 1357.02(d) of the TCO states any premises designated as unsafe for human habitation or use shall be considered a nuisance. 32. Section § 1357.02(e) of the TCO states any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or insecure as to endanger life, limb or property shall be considered a nuisance. 33. Section § 1313.03 states a notice of closing or vacancy of a building must be registered with the City Official within thirty (30) days of becoming vacant by written notice by the owner of the building and the owner must provide such information and documentation as may be required by the Building Official. 34. The commercial structure on the Property is in a deteriorated state, with peeling paint, deteriorating structural members and siding, and inadequate roofing. 35. The condition of the Property is dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, occupancy, or use, and presents a threat to the public health, safety or welfare. 36. The condition of the Property as described constitutes a nuisance and violates Sections 1345.03, 1345.04(f), 1345.05(c), 1345.05(f), 1345.06(f), 1353.05, 1357.02(d), 1357.02(e), and 1313.03 of the TCO. 37. In accordance with Section § 1341.13 of the TCO, Trotwood has provided notice of the foregoing violations, and has afforded Defendant a reasonable opportunity to abate the nuisance. 38. Defendant SYLVESTER BALLARD has failed to comply with, or to institute any legal action or appeal of, the notice of violation, in direct violation of the TCO, thereby CO., L.P.A. ONE SOUTH MAIN STREETcontinuing the risk to the health and safety of the people of the City of Trotwood. SUITE 1590 DAYTON, OHIO 45402-2026 39. As long as the Property is maintained by said Defendant or at his direction in the above-described condition, the damages and injuries to the City of Trotwood will continue. 40. Trotwood has no alternative remedy at law. 41. Trotwood seeks an abatement order requiring said Defendant to correct the foregoing violations or to raze the commercial structure located at the Property, or in the alternative, permitting the City of Trotwood or other interested party to undertake the same and assess the costs thereof as a lien against the Property. WHEREFORE, Pursuant to Ohio Revised Code §3767.03, the CITY OF TROTWOOD prays that this Court order the Defendants to ABATE the nuisance previously described herein and, further perpetually enjoin the Defendants from maintaining it. FURTHER, Plaintiff seeks that this Court issue an INJUNCTION against Defendants whereby said Defendants would be enjoined from the operation of the nuisance as herein described. FURTHER, Plaintiff seeks any and all other damages, including the costs and bond of this action, attorney fees, consequential and incidental damages and any other damages to which it may be entitled in law or equity. Respectfully submitted, ALTICK & CORWIN CO., L.P.A. /s/ Stephen M. McHugh Stephen M. McHugh, #0018788 Amelia N. Blankenship, #0082254 Scott A. Miller, #0088204 One South Main Street, Suite 1590 Dayton, Ohio 45402 Telephone: (937) 223-1201 Facsimile: (937) 223-5100 Email: mchughs@altickcorwin.com blankenshipa@altickcorwin.com millers@altickcorwin.com Attorney for Plaintiff CO., L.P.A. ONE SOUTH MAIN STREET SUITE 1590 DAYTON, OHIO 45402-2026