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ELECTRONICALLY FILED
Redacted by Clerk of Court COURT OF COMMON PLEAS
Thursday, July 14, 2011 4:21:41 PM
CASE NUMBER: 2016 CV 06086 Docket ID: 16296585
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO:
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
PNC BANK, NATIONAL :
ASSOCIATION, SUCCESSOR TO : CASE NO. 2010 CV 06086
NATIONAL CITY BANK :
: (Judge Dennis J. Adkins)
Plaintiff,
vs. : ENTRY GRANTING MOTION OF PN
: BANK, NATIONAL ASSOCIATION (i)
WILLIAM G. MORITZ, JR., et al., : TO APPOINT AUCTIONEER AND (ii)
: TO MODIFY THE FORECLOSURE
Defendants. : DECREE
This matter is before the Court upon the Motion of Plaintiff, PNC Bank, National
Association, successor to National City Bank (i) to Appoint an Auctioneer and (ii) to Modify the
Foreclosure Decree (the “Motion”). For good cause shown, the Court finds that the Motion is
well taken and should be granted.
It is, accordingly, ORDERED:
1. The Motion is granted.
2. The Court, pursuant to Ohio Revised Code sections 2329.151 and 2335.021,
appoints Key Auctioneers (“Key”) to conduct a public auction (the “Auction”) of the following
property: the real property which is the subject of this action owned by William G. Moritz and
Nancy L. Moritz, located at 8200, 8220, 8236 North Dixie Drive, Dayton, Ohio 45414, and
described more particularly as follows (the “Real Estate”):
Tract 1
Situated in Section 27, Town 3, Range 6 East, Butler Township, Montgomery
County, Ohio and being all of the lands of William G. Moritz, Jr. as recorded in
Deed Mf 00-452E07 and Deed Mf 99-154C03 and being further described as
follows:
Beginning at a found 1” iron pipe at the southeast corner of Lot 4 of Maxton Road
West Subdivision as recorded in Plat Book 100, Page 32, said point being on thewesterly line of the lands of Harson Investments, Inc. as recorded in Deed Mf 97-
003C11;
thence along said westerly line, South 01°11°47” East, 202.37 feet to a found
capped iron pin marked R.L.S. #7911 on the northerly boundary of the lands of
William G. Moritz, Jr. as recorded in Deed Mf 98-058C07;
thence leaving said westerly line, along said northerly boundary, South 87°03’21”
West, 352.56 feet to an existing capped iron pin marked Hughes #7965;
thence South 02°17°00” East, 3.09 feet to a found capped iron pin marked R.L.S.
#7911;
thence South 87°03’21” West, 237.68 feet to a found capped iron pin marked
R.L.S. #7911 on the easterly right-of-way line of North Dixie Drive;
thence leaving said northerly boundary, along said easterly right-of-way line,
North 01°13’00” West, 319.24 feet to a found capped iron pin marked R.L.S.
#7911 said point being on the southerly line of the lands of Steven R. and Cythia
A. Glaser as recorded in Mf 96-663E07;
thence leaving said easterly right-of-way line, along said southerly line, North
87°46°20” East, 215.73 feet to a found capped iron pin marked R.L.S. #7911 on
the westerly line of aforementioned Maxton Road West Subdivision;
thence leaving said southerly line, along said westerly line, South 01°13’00” East,
106.38 feet to a found capped iron pin marked R.L.S. #7911 on the southerly line
of said subdivision;
thence leaving said westerly line, along said southerly line, North 87°46’20” East,
374.35 feet to the point of beginning and containing 3.335 acres of land and being
subject to all restrictions, easements, and right-of-ways of record.
Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing
North 01°13’00” West) as recorded in Mf 00-452E09.
All of the above recording references are to the Montgomery County, Ohio
records.
The above description was prepared by Todd K. Turner of Tri-State Location
Services, registered surveyor #7684 in the State of Ohio, and based on a survey
dated June 15, 2010 and as filed in the Montgomery County Engineer’s Office
Record of Land Surveys, Volume 2010, Page 0158.
NDTract 2
Situated in Section 27 and Section 34, Town 3, Range 6 East, Butler Township,
Montgomery County, Ohio and being all of the lands of William G. Moritz, Jr. as
recorded in Deed Mf 00-452E09 and being further described as follows:
Beginning at a point found by measuring from a found 1” iron pipe at the
southeast corner of Lot 4 of Maxton Road West Subdivision as recorded in Plat
Book 100, Page 32, said point being on the common westerly line of the lands of
Harson Investments, Inc. as recorded in Deed Mf 97-003C11 and R.I. Heritage
Inn of Dayton, Inc. as recorded in I.R. Deed 09-054720 and Sam’s Real Estate
Business Tr. as recorded in Deed Mf 99-504E06, along said common westerly
line, South 01°11°47” East, 273.67 feet to a found 5/8” iron pin on the southerly
line of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07 and
the true point of beginning;
thence from the true point of beginning thus found, continuing along said
common westerly line, South 01°11°47” East, 370.44 to a found capped iron pin
marked Hughes #7965 on the northerly line of the lands of Fogarty Enterprises as
recorded in Mf 98-851E03;
thence leaving said common westerly line, along said northerly line, South
87°03’21” West, 590.03 feet to a found capped iron pin marked R.L.S. #7911 on
the easterly right-of-way line of North Dixie Drive;
thence leaving said northerly line, along said easterly right-of-way line, North
01°13°00” West, 370.44 feet to a found capped iron pin marked Hughes #7965 on
the aforementioned southerly line of the lands of William G. Moritz, Jr. as
recorded in Deed Mf 98-058C07;
thence leaving said easterly right-of-way line, along said southerly line, North
87°03’21” East, 590.16 feet to the point of beginning and containing 4.870 acres
of land in aforementioned Section 27 and containing 0.146 acres of land in
aforementioned section 34 for a total of 5.016 acres of land and being subject to
all restrictions, easements, and right-of-ways of record.
Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing
North 01°13’00” West) as recorded in Mf 00-452E09.
All of the above recording references are to the Montgomery County, Ohio
records.
The above description was prepared by Todd K. Turner of Tri-State Location
Services, registered surveyor #7684 in the State of Ohio, and based on a survey
dated June 15, 2010 and as filed in the Montgomery County Engineer’s Office
Record of Land Surveys, Volume 2010, Page 158.3. Key shall conduct the Auction according to the terms and conditions of the
Auction Proposal it has provided and/or will provide to Plaintiff PNC Bank. All costs related to
the Auction in any way shall be borne by Plaintiff PNC Bank. The Auction shall be subject to
the following additional conditions:
a. The Auction shall be advertised and noticed pursuant to Ohio Revised
Code sections 2329.23, 2329.24, 2329.26, and 2329.27;
b. The Real Estate need not be appraised pursuant to Ohio Revised Code
section 2329.17;
c. The Real Estate can be sold at the auction for less than two-thirds of its
appraised value, rendering compliance with Ohio Revised Code section 2329.20
unnecessary;
d. Key shall file a report of the Auction with the Court within ten (10) days
after the conclusion of the Auction, and such report shall be deemed to be a return of, and
an endorsement on, a writ of execution, pursuant to Ohio Revised Code section 2329.28,
and shall be treated as such for all purposes;
e. Compliance with the terms and conditions of this Order shall be deemed to
be compliance with Ohio Revised Code sections 2329.01 to 2329.61 for purposes of
confirming the Auction sale pursuant to Ohio Revised Code section 2329.31;
f. For purposes of conveying the Real Estate sold at the Auction, Key shall
be deemed to be a special master for purposes of Ohio Revised Code section 2329.34, so
that Key, after the Court confirms the Auction sale, may convey the Real Estate by deed,pursuant to Ohio Revised Code sections 2329.34 to 2329.36, to the successful Auction
purchaser or purchasers;
g. The deed furnished by Key to the successful Auction purchaser or
purchasers shall have the effect provided in Ohio Revised Code section 2329.37; and
h. Key, pursuant to Ohio Revised Code section 2329.39, may conduct the
Auction at any place of convenience in Montgomery County, Ohio.
4. After the conclusion of the Auction, Key shall hold all proceeds thereof, to be
disbursed upon further Order of the Court.
5. Plaintiff PNC Bank shall pay all remaining court costs which in any way relate to
this matter.
6. The Decree of Foreclosure entered in this action on December 13, 2010 is
amended by deleting the language in paragraph 4 on page 5 following the phrase “the equity of
redemption of the Borrower and all persons claiming through all Defendants, shall be foreclosed
and the Property sold,” by replacing it with the following: “, and Key Auctioneers shall conduct
a public auction sale of the property pursuant to the Entry Granting Motion of PNC Bank,
National Association (i) to Appoint an Auctioneer and (ii) to Modify the Foreclosure Decree
entered in this action, and shall sell the property as if on execution, free of the claims of all
parties to this action, and shall report the results of such auction to this Court.”
Judge Adkins/s/ Jeffrey M. Hendricks
Jeffrey M. Hendricks (0066889)
Graydon Head & Ritchey LLP
1900 Fifth Third Center
511 Walnut Street
Cincinnati, OH 45202
Telephone: (513) 621-6464
Fax: (513) 651-3836
E-mail: jhendricks@ graydon.com
32115311General Divison
Montgomery County Common Pleas Court
41N. Perry Street, Dayton, Ohio 45422
Case Title: PNC BANK NATIONAL ASSOCIATION vs WILLIAM G.
MORITZ
Case Number: 2010 CV 06086
Type: Entry Signed By Judge
So Ordered
~
Oe fe
Dennis J. Adkins
Electronically signed by dadkins on 2NNNE:23:18 page 7 of 7
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ELECTRONICALLY FILED Redacted by Clerk of Court COURT OF COMMON PLEAS Thursday, July 14, 2011 4:21:41 PM CASE NUMBER: 2016 CV 06086 Docket ID: 16296585 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO: COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO PNC BANK, NATIONAL : ASSOCIATION, SUCCESSOR TO : CASE NO. 2010 CV 06086 NATIONAL CITY BANK : : (Judge Dennis J. Adkins) Plaintiff, vs. : ENTRY GRANTING MOTION OF PN : BANK, NATIONAL ASSOCIATION (i) WILLIAM G. MORITZ, JR., et al., : TO APPOINT AUCTIONEER AND (ii) : TO MODIFY THE FORECLOSURE Defendants. : DECREE This matter is before the Court upon the Motion of Plaintiff, PNC Bank, National Association, successor to National City Bank (i) to Appoint an Auctioneer and (ii) to Modify the Foreclosure Decree (the “Motion”). For good cause shown, the Court finds that the Motion is well taken and should be granted. It is, accordingly, ORDERED: 1. The Motion is granted. 2. The Court, pursuant to Ohio Revised Code sections 2329.151 and 2335.021, appoints Key Auctioneers (“Key”) to conduct a public auction (the “Auction”) of the following property: the real property which is the subject of this action owned by William G. Moritz and Nancy L. Moritz, located at 8200, 8220, 8236 North Dixie Drive, Dayton, Ohio 45414, and described more particularly as follows (the “Real Estate”): Tract 1 Situated in Section 27, Town 3, Range 6 East, Butler Township, Montgomery County, Ohio and being all of the lands of William G. Moritz, Jr. as recorded in Deed Mf 00-452E07 and Deed Mf 99-154C03 and being further described as follows: Beginning at a found 1” iron pipe at the southeast corner of Lot 4 of Maxton Road West Subdivision as recorded in Plat Book 100, Page 32, said point being on thewesterly line of the lands of Harson Investments, Inc. as recorded in Deed Mf 97- 003C11; thence along said westerly line, South 01°11°47” East, 202.37 feet to a found capped iron pin marked R.L.S. #7911 on the northerly boundary of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07; thence leaving said westerly line, along said northerly boundary, South 87°03’21” West, 352.56 feet to an existing capped iron pin marked Hughes #7965; thence South 02°17°00” East, 3.09 feet to a found capped iron pin marked R.L.S. #7911; thence South 87°03’21” West, 237.68 feet to a found capped iron pin marked R.L.S. #7911 on the easterly right-of-way line of North Dixie Drive; thence leaving said northerly boundary, along said easterly right-of-way line, North 01°13’00” West, 319.24 feet to a found capped iron pin marked R.L.S. #7911 said point being on the southerly line of the lands of Steven R. and Cythia A. Glaser as recorded in Mf 96-663E07; thence leaving said easterly right-of-way line, along said southerly line, North 87°46°20” East, 215.73 feet to a found capped iron pin marked R.L.S. #7911 on the westerly line of aforementioned Maxton Road West Subdivision; thence leaving said southerly line, along said westerly line, South 01°13’00” East, 106.38 feet to a found capped iron pin marked R.L.S. #7911 on the southerly line of said subdivision; thence leaving said westerly line, along said southerly line, North 87°46’20” East, 374.35 feet to the point of beginning and containing 3.335 acres of land and being subject to all restrictions, easements, and right-of-ways of record. Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing North 01°13’00” West) as recorded in Mf 00-452E09. All of the above recording references are to the Montgomery County, Ohio records. The above description was prepared by Todd K. Turner of Tri-State Location Services, registered surveyor #7684 in the State of Ohio, and based on a survey dated June 15, 2010 and as filed in the Montgomery County Engineer’s Office Record of Land Surveys, Volume 2010, Page 0158. NDTract 2 Situated in Section 27 and Section 34, Town 3, Range 6 East, Butler Township, Montgomery County, Ohio and being all of the lands of William G. Moritz, Jr. as recorded in Deed Mf 00-452E09 and being further described as follows: Beginning at a point found by measuring from a found 1” iron pipe at the southeast corner of Lot 4 of Maxton Road West Subdivision as recorded in Plat Book 100, Page 32, said point being on the common westerly line of the lands of Harson Investments, Inc. as recorded in Deed Mf 97-003C11 and R.I. Heritage Inn of Dayton, Inc. as recorded in I.R. Deed 09-054720 and Sam’s Real Estate Business Tr. as recorded in Deed Mf 99-504E06, along said common westerly line, South 01°11°47” East, 273.67 feet to a found 5/8” iron pin on the southerly line of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07 and the true point of beginning; thence from the true point of beginning thus found, continuing along said common westerly line, South 01°11°47” East, 370.44 to a found capped iron pin marked Hughes #7965 on the northerly line of the lands of Fogarty Enterprises as recorded in Mf 98-851E03; thence leaving said common westerly line, along said northerly line, South 87°03’21” West, 590.03 feet to a found capped iron pin marked R.L.S. #7911 on the easterly right-of-way line of North Dixie Drive; thence leaving said northerly line, along said easterly right-of-way line, North 01°13°00” West, 370.44 feet to a found capped iron pin marked Hughes #7965 on the aforementioned southerly line of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07; thence leaving said easterly right-of-way line, along said southerly line, North 87°03’21” East, 590.16 feet to the point of beginning and containing 4.870 acres of land in aforementioned Section 27 and containing 0.146 acres of land in aforementioned section 34 for a total of 5.016 acres of land and being subject to all restrictions, easements, and right-of-ways of record. Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing North 01°13’00” West) as recorded in Mf 00-452E09. All of the above recording references are to the Montgomery County, Ohio records. The above description was prepared by Todd K. Turner of Tri-State Location Services, registered surveyor #7684 in the State of Ohio, and based on a survey dated June 15, 2010 and as filed in the Montgomery County Engineer’s Office Record of Land Surveys, Volume 2010, Page 158.3. Key shall conduct the Auction according to the terms and conditions of the Auction Proposal it has provided and/or will provide to Plaintiff PNC Bank. All costs related to the Auction in any way shall be borne by Plaintiff PNC Bank. The Auction shall be subject to the following additional conditions: a. The Auction shall be advertised and noticed pursuant to Ohio Revised Code sections 2329.23, 2329.24, 2329.26, and 2329.27; b. The Real Estate need not be appraised pursuant to Ohio Revised Code section 2329.17; c. The Real Estate can be sold at the auction for less than two-thirds of its appraised value, rendering compliance with Ohio Revised Code section 2329.20 unnecessary; d. Key shall file a report of the Auction with the Court within ten (10) days after the conclusion of the Auction, and such report shall be deemed to be a return of, and an endorsement on, a writ of execution, pursuant to Ohio Revised Code section 2329.28, and shall be treated as such for all purposes; e. Compliance with the terms and conditions of this Order shall be deemed to be compliance with Ohio Revised Code sections 2329.01 to 2329.61 for purposes of confirming the Auction sale pursuant to Ohio Revised Code section 2329.31; f. For purposes of conveying the Real Estate sold at the Auction, Key shall be deemed to be a special master for purposes of Ohio Revised Code section 2329.34, so that Key, after the Court confirms the Auction sale, may convey the Real Estate by deed,pursuant to Ohio Revised Code sections 2329.34 to 2329.36, to the successful Auction purchaser or purchasers; g. The deed furnished by Key to the successful Auction purchaser or purchasers shall have the effect provided in Ohio Revised Code section 2329.37; and h. Key, pursuant to Ohio Revised Code section 2329.39, may conduct the Auction at any place of convenience in Montgomery County, Ohio. 4. After the conclusion of the Auction, Key shall hold all proceeds thereof, to be disbursed upon further Order of the Court. 5. Plaintiff PNC Bank shall pay all remaining court costs which in any way relate to this matter. 6. The Decree of Foreclosure entered in this action on December 13, 2010 is amended by deleting the language in paragraph 4 on page 5 following the phrase “the equity of redemption of the Borrower and all persons claiming through all Defendants, shall be foreclosed and the Property sold,” by replacing it with the following: “, and Key Auctioneers shall conduct a public auction sale of the property pursuant to the Entry Granting Motion of PNC Bank, National Association (i) to Appoint an Auctioneer and (ii) to Modify the Foreclosure Decree entered in this action, and shall sell the property as if on execution, free of the claims of all parties to this action, and shall report the results of such auction to this Court.” Judge Adkins/s/ Jeffrey M. Hendricks Jeffrey M. Hendricks (0066889) Graydon Head & Ritchey LLP 1900 Fifth Third Center 511 Walnut Street Cincinnati, OH 45202 Telephone: (513) 621-6464 Fax: (513) 651-3836 E-mail: jhendricks@ graydon.com 32115311General Divison Montgomery County Common Pleas Court 41N. Perry Street, Dayton, Ohio 45422 Case Title: PNC BANK NATIONAL ASSOCIATION vs WILLIAM G. MORITZ Case Number: 2010 CV 06086 Type: Entry Signed By Judge So Ordered ~ Oe fe Dennis J. Adkins Electronically signed by dadkins on 2NNNE:23:18 page 7 of 7