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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, April 15, 2011 1:18:37 PM
CASE NUMBER: 2010 CV 06086 Docket ID: 16045350
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
PNC BANK, NATIONAL ASSOCIATION : Case No. 2010 CV 06086
S/B/M/T NATIONAL CITY BANK :
: (Judge Michael T. Hall)
Plaintiff, :
:
vs. : NOTICE OF SHERIFF SALE
:
WILLIAM G. MORITZ, et al., :
:
Defendants. :
Please take notice that a Sheriff’s Sale will be held on Friday, May 13, 2011, at 10:00 a.m. in
the Lower Level Auditorium of the County Administration Building 451 West Third Street, Dayton,
Montgomery County, Ohio, wherein the property which is the subject of this foreclosure will be
offered for sale. The Property is known as 8200 N. Dixie Drive, 8220 N. Dixie Drive, and 8236 N.
Dixie Drive, Dayton, OH 45414 and being more fully described in the legal description attached as
Exhibit “A”.
The property is appraised at $1,350,000.00 and bidding shall begin at two-thirds of such
appraisal.
3092084.1
Respectfully submitted,
OF COUNSEL: /s/ Jeffrey M. Hendricks
Jeffrey M. Hendricks (0066889)
Attorney for Plaintiff
GRAYDON HEAD & RITCHEY LLP GRAYDON HEAD & RITCHEY LLP
1900 Fifth Third Center 1900 Fifth Third Center
511 Walnut Street 511 Walnut Street
Cincinnati, OH 45202-3157 Cincinnati, OH 45202-3157
Phone: (513) 621-6464 Direct: (513) 629-2786
Fax: (513) 651-3836 Fax: (513) 651-3836
E-Mail: jhendricks@graydon.com
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the foregoing was served by
regular U.S. Mail, postage pre-paid this 15th day of April, 2011 upon the following parties:
John Paul Rieser Matthew A. Taulbee
7925 Graceland Street Lerner, Sampson & Rothfuss
Dayton, Ohio 45459 PO Box 5480
Attorney for Defendants William G. Moritz, Cincinnati, OH 45201
Nancy L. Moritz, and Moritz Flowers, Inc. Attorney for Defendant MERS
Victor T. Whisman William H. MacBeth
301 West Third Street, 5th Floor Murr, Compton, Claypoole & MacBeth
PO Box 972 401 East Stroop Road
Dayton, OH 45422 Kettering, OH 45429
Attorney for Defendant Montgomery County Attorney for Defendants Patricia and
Engineers Office Thomas Hentrick
First International Bank George B. Patricoff
2035 Limestone Road Assistant Prosecuting Attorney
Wilmington, DE 19808 5th Floor, 301 West Third Street
Dayton, Ohio 45402
Jane Doe, Unknown Spouse of William G. Attorney for Defendant Carolyn Rice,
Moritz, Jr. Treasurer of Montgomery County
8220 A North Dixie Drive
Dayton, OH 45414
/s/ Jeffrey M. Hendricks
Jeffrey M. Hendricks (0066889)
3
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 comer of Lot 4 of Maxton Road West Subdivision as
recorded in Plat Book 100, Page 32, said point being on the westerly line of the lands of Harson Investments,
Inc. a s recordedin Deed Mf 97-003C 11 ;
thence along said westerly line, South 01°11'47" East, 202 .37feet 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 toan
existing capped iron pin marked Hughes #7965;
thence South 02° 17'00" East, 3.09 feet to a found capped iron pinmarked R.L.S. #7911 ;
thence South 87°03'21" West, 237 .68 feetto 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 easterlyright-of-way line,North 01°13'00" West, 319.24
feet to a found capped iron pin marked .L.S.
R #7911 said point being on the southerly line of the lands of
Steven R and CythiaA. Glaser as recorded in Mf 96-663E07 ;
thence leaving said easterly right-of-way line, along said southerly line, North 87°46'20" East, 215.73feet to a
found capped iron pin marked RL.S. #7911 on the westerly line of aforementioned Maxton Road West
Subdivigloti;
thence leaving said southeriy'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 southerlyline, North 87°46'20" East, 374 .35 feet to the point of
beginning and containing 3335 acres of land and being subject to all restrictions, easements, and right-of-ways
of record .
Bearing reference is the easterlyright-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, registeredsurveyor
#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.
~_ OF ;P
Todd K. Turner Date i-nnn ~
Registered Surveyor #7684 - I I
.a
JOSEPH LITVIN, P.E., P.S.
MONTGOMERY COUNTY ENGINEER _
APPROVED FOR POINT OF BEGINNING, '*i'~OIVA~
0
a
ACREAGE AND CLOSURE ONLY Ja EXHIBIT
DATE 07-l -i C FILE NO. ZOI0- 015
W
BY
4
Tract 2
Situated in Section 27 and
all Sectionlands
34, Town 3, Range 6 East, Butler Township, Montgomery
County, Ohio and being of the of William G. Moritz, Jr. as recorded in Deed Mf 00-
4521109 and being her described as follows:
pipe at the southeast comer 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-
003011 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 99-504EO6, along said common westerly line, South
0 1 0 11'47" East, 273.b7 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 98-058CO7 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 feet to a found capped iron pin marked Hughes #7965 on the
northerly line of the lands of Fogarty Enterprises as recorded in Mf 98-851 E03; *
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 01 013 100" 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 98-058CO7 ;
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
s of land and being subject to all restrictions, easements, and right-of-ways of record .
reference is the easterly right-of-way line of North Dixie Drive (bearing North
01 '13'00" West) as recorded in Mf 00-452EO9.
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 .
7
OF ,t r
Todd K. Turner Date
Registered Surveyor #7684
In The State of Ohio
,JOSEPH LITN*IN, RE ., P.S .
NIONTGONIERY COL NTY ENGINEER
APPROVED FOR POINT OF BEGINNING,
ACREAGE AND CLOSURE ONLY
DATE S1-1 3 - M' FILENO . zoto00C
Z0" 1410'%
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, April 15, 2011 1:18:37 PM CASE NUMBER: 2010 CV 06086 Docket ID: 16045350 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO PNC BANK, NATIONAL ASSOCIATION : Case No. 2010 CV 06086 S/B/M/T NATIONAL CITY BANK : : (Judge Michael T. Hall) Plaintiff, : : vs. : NOTICE OF SHERIFF SALE : WILLIAM G. MORITZ, et al., : : Defendants. : Please take notice that a Sheriff’s Sale will be held on Friday, May 13, 2011, at 10:00 a.m. in the Lower Level Auditorium of the County Administration Building 451 West Third Street, Dayton, Montgomery County, Ohio, wherein the property which is the subject of this foreclosure will be offered for sale. The Property is known as 8200 N. Dixie Drive, 8220 N. Dixie Drive, and 8236 N. Dixie Drive, Dayton, OH 45414 and being more fully described in the legal description attached as Exhibit “A”. The property is appraised at $1,350,000.00 and bidding shall begin at two-thirds of such appraisal. 3092084.1 Respectfully submitted, OF COUNSEL: /s/ Jeffrey M. Hendricks Jeffrey M. Hendricks (0066889) Attorney for Plaintiff GRAYDON HEAD & RITCHEY LLP GRAYDON HEAD & RITCHEY LLP 1900 Fifth Third Center 1900 Fifth Third Center 511 Walnut Street 511 Walnut Street Cincinnati, OH 45202-3157 Cincinnati, OH 45202-3157 Phone: (513) 621-6464 Direct: (513) 629-2786 Fax: (513) 651-3836 Fax: (513) 651-3836 E-Mail: jhendricks@graydon.com 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing was served by regular U.S. Mail, postage pre-paid this 15th day of April, 2011 upon the following parties: John Paul Rieser Matthew A. Taulbee 7925 Graceland Street Lerner, Sampson & Rothfuss Dayton, Ohio 45459 PO Box 5480 Attorney for Defendants William G. Moritz, Cincinnati, OH 45201 Nancy L. Moritz, and Moritz Flowers, Inc. Attorney for Defendant MERS Victor T. Whisman William H. MacBeth 301 West Third Street, 5th Floor Murr, Compton, Claypoole & MacBeth PO Box 972 401 East Stroop Road Dayton, OH 45422 Kettering, OH 45429 Attorney for Defendant Montgomery County Attorney for Defendants Patricia and Engineers Office Thomas Hentrick First International Bank George B. Patricoff 2035 Limestone Road Assistant Prosecuting Attorney Wilmington, DE 19808 5th Floor, 301 West Third Street Dayton, Ohio 45402 Jane Doe, Unknown Spouse of William G. Attorney for Defendant Carolyn Rice, Moritz, Jr. Treasurer of Montgomery County 8220 A North Dixie Drive Dayton, OH 45414 /s/ Jeffrey M. Hendricks Jeffrey M. Hendricks (0066889) 3 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 comer of Lot 4 of Maxton Road West Subdivision as recorded in Plat Book 100, Page 32, said point being on the westerly line of the lands of Harson Investments, Inc. a s recordedin Deed Mf 97-003C 11 ; thence along said westerly line, South 01°11'47" East, 202 .37feet 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 toan existing capped iron pin marked Hughes #7965; thence South 02° 17'00" East, 3.09 feet to a found capped iron pinmarked R.L.S. #7911 ; thence South 87°03'21" West, 237 .68 feetto 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 easterlyright-of-way line,North 01°13'00" West, 319.24 feet to a found capped iron pin marked .L.S. R #7911 said point being on the southerly line of the lands of Steven R and CythiaA. Glaser as recorded in Mf 96-663E07 ; thence leaving said easterly right-of-way line, along said southerly line, North 87°46'20" East, 215.73feet to a found capped iron pin marked RL.S. #7911 on the westerly line of aforementioned Maxton Road West Subdivigloti; thence leaving said southeriy'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 southerlyline, North 87°46'20" East, 374 .35 feet to the point of beginning and containing 3335 acres of land and being subject to all restrictions, easements, and right-of-ways of record . Bearing reference is the easterlyright-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, registeredsurveyor #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. ~_ OF ;P Todd K. Turner Date i-nnn ~ Registered Surveyor #7684 - I I .a JOSEPH LITVIN, P.E., P.S. MONTGOMERY COUNTY ENGINEER _ APPROVED FOR POINT OF BEGINNING, '*i'~OIVA~ 0 a ACREAGE AND CLOSURE ONLY Ja EXHIBIT DATE 07-l -i C FILE NO. ZOI0- 015 W BY 4 Tract 2 Situated in Section 27 and all Sectionlands 34, Town 3, Range 6 East, Butler Township, Montgomery County, Ohio and being of the of William G. Moritz, Jr. as recorded in Deed Mf 00- 4521109 and being her described as follows: pipe at the southeast comer 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- 003011 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 99-504EO6, along said common westerly line, South 0 1 0 11'47" East, 273.b7 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 98-058CO7 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 feet to a found capped iron pin marked Hughes #7965 on the northerly line of the lands of Fogarty Enterprises as recorded in Mf 98-851 E03; * 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 01 013 100" 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 98-058CO7 ; 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 s of land and being subject to all restrictions, easements, and right-of-ways of record . reference is the easterly right-of-way line of North Dixie Drive (bearing North 01 '13'00" West) as recorded in Mf 00-452EO9. 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 . 7 OF ,t r Todd K. Turner Date Registered Surveyor #7684 In The State of Ohio ,JOSEPH LITN*IN, RE ., P.S . NIONTGONIERY COL NTY ENGINEER APPROVED FOR POINT OF BEGINNING, ACREAGE AND CLOSURE ONLY DATE S1-1 3 - M' FILENO . zoto00C Z0" 1410'%