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109 0 eR
NANCY E, NIX, TREASURER
Butler County, Ohio SUNY.
315 Hoh Si ree" %
Hamilton, OF%45011
Plaintiff
Vv.
VICTORIA WANNEMACHER
2177 Union Road
Middletown, OH 45044
JOHN DOE, UNKNOWN SPOUSE OF
VICTORIA WANNEMACHER
2177 Union Road
Middletown, OH 45044
VALERIE PFEIFFER NKA VALERIE
KAZMIERSKI
3116 Ohio Avenue
Middletown, OH 45042
JOHN DOE, UNKNOWN SPOUSE OF
VALERIE PFEIFFER NKA VALERIE
KAZMIERSKI
3116 Ohio Avenue
Middletown, OH 45042
STATE OF OHIO, ESTATE TAX DIVISION
P.O. Box 530
Columbus, OH 43216-0530
AMERICAN SAVINGS BANK, FSB
701 N University Blvd.
Middletown, OH 45042
Defendant(s)
_ 91, COURT OF COMMON PLEAS
e630 AN 3 ¢4 BUTLER COUNTY, OHIO
Case No.:
Judge:
COMPLAINT FOR FORECLOSURE
OF LIEN FOR DELINQUENT REAL
ESTATE TAXES: AUDITOR’S
PERMANENT PARCEL NO(S).
Q6521-018-000-012
Q6521-018-000-013
Q6521-018-000-014
3 PARCELS TO BE SOLD AS 1
1. Plaintiff Nancy E. Nix is the Treasurer of Butler County, Ohio, and brings this action to
foreclose on the lien of the State of Ohio for delinquent land taxes, assessments, charges,
penalties, and interest in accordance with R.C. §5721.18 or §323.25.
2. Defendant(s) Victoria Wannemacher and Valerie Pfeiffer NKA Valerie Kazmierski is/are
the fee simple owner(s) of the property described in the attached Exhibit “A.” The Auditor of
IIButler County has assigned the following Permanent Parcel Number(s), to o Seid property 96521-
018-000-012, Q6521-018-000-013 and Q6521-018-000-014. 2 ~
aout
3. Pursuant to the provisions of R.C. §5721.13, the Butler County autre
Land Tax Certificate/ Master List of Delinquent Tracts referencing the above described property.
December 31, 2008, file with the Prosecuting Attorney of Butler County, Ohio,'a
4. Pursuant to said Certificate/Master List, the amount of taxes, assessments, charges,
penalties, and interest which are due and unpaid in respect to said parcel(s) is $5,396.31.
5. Pursuant to R.C. §5721.10, the State of Ohio has the first lien on said parcel(s) for the
amount of taxes, assessments, charges, penalties, and interest which are due and unpaid in
respect to said parcel(s).
6. Defendant American Savings Bank, FSB has/have, or may claim, an interest in said real
estate by virtue of a Mortgage filed on 12/29/2009, and recorded at O.R. 7922 Page 987 of the
Records of the Recorder of Butler County, Ohio in the original amount of $30,000.00.
7. Defendant State Of Ohio, Estate Tax Division has/have, or may claim, an interest in
said real estate by virtue of a Certificate of Estate Tax Lien.
8. The Unknown Spouse(s) of Victoria Wannemacher and Valerie Pfeiffer NKA Valerie
Kazmierski, may claim an interest in said real estate.
9. Pursuant to R.C. §5721.19, Plaintiff further demands payment of all taxes, assessments
and interest which are payable on the date of sale.
10. A Preliminary Judicial Report as required by R.C. §2329.191 is attached hereto as
Exhibit “A.”
WHEREFORE, Plaintiff requests that:
1. The court enter its finding with respect to each parcel described in the attached Exhibit
“A” of the amount of the taxes, assessments, charges, penalties, and interest, and the
costs incurred herein, which are due and unpaid.
2. All defendants plead their respective claims to the subject real property or be forever
barred;
3. Unless previously redeemed pursuant to R.C. §5721.25, the Court order that said
property be sold, without appraisal, by the Sheriff in the manner provided by R.C.
§5721.19 for the total amount of the finding entered by the court, including all taxes,
assessments, charges, penalties, and interest payable subsequent to the delivery to the
county prosecuting attorney of the delinquent land tax certificate or master list of
delinquent tracts and prior to the transfer of the deed of the parcel to the purchaser
following confirmation of sale, plus the costs incurred in the foreclosure proceeding.
4. If any parcel(s) as described in the attached Exhibit “A” remains unsold after being
offered at two sales, such parcel(s) be forfeited to the State of Ohio pursuant to R.C.
§5723.01.TO THE CLERK:
ROBIN N. PIPER apg 12 987%
Prose: ting Attomey of B County, Ohio, “6
Bob C. Roberts0078270
Assistant Prosecuting Attorney
315 High St., 11" Floor
P.O. Box 515
Hamilton, OH 45012-0515
(513) 887-3478
Fax: (513) 887-3748
robertsbc@pbutlercountyohio.org
Please serve Summons and a copy of the Complaint by Certified Mail upon the
Defendant(s) at the address(es) as listed in the caption of this Complaint.
ROBIN N. PIPER
jutler County, Ohio
. Roberts, 0078270
Assistant Prosecuting Attorneyat, 12 5674
? ci) * PRELIMINARY JUDICIAL REPORT
* *
*y*
File Number 52632 PJR Number: 08010770
Effective Date: December 15, 2009 at 7:59 A.M.
Address: 313 South Main Street, Middletown, OH 45044
Guaranteed Party and Address:
Office of the Prosecuting Attorney
Butler County, Ohio
P.O. Box 515
Hamilton, Ohio 45012
Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for
use in judicial proceedings, OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY (hereinafter “the Company”) hereby guarantees in an amount not to exceed
$5,396.31 that it has examined the public records in Butler County, Ohio as the land
described in Schedule A, that the record title to the land is at the date hereof vested in
Victoria Wannemacher and Valerie Pfeiffer, now known as Valerie Kazmierski by
instrument recorded in Official Record Book 8133, Page 759, and free from all
encumbrances, liens or defects of record, except as shown in Schedule B.
This is a guarantee of the record title only and is made for the use and benefit of the
Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the
Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions
and Stipulations contained herein.
This Report shall not be valid or binding until it has been signed by either an authorized
agent or representative of the Company and Schedules A and B have been attached
hereto.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
. A Stock Compan
Issued By: “200 Second Avenue South, Minneapolis, Minnesota 55401
ALL POINTS TITLE & CLOSING, INC. eua}a7i-yt1)
Agent Control No. A34585,
Address: 300 High Street, Suite 404, Hamilton, Ohio 45011
Telephone # 1-877-505-6446 by
(2 é QE QS Apert 5
2
‘Authorized Officer or Agent Attest bh pe
Exhibit ACONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1, Definition of Terms
“Guaranteed Party’: The party or parties named herein or the purchaser
at judicial sale.
“Guaranteed Claimant’: Guaranteed Party claiming loss or damage here-
under.
“Land”: The land described specifically or by reference in Schedule A,
and improvements affixed thereto, which by law constitute real property;
provided however the term "land" does not include any property beyond
the lines of the area specifically described or referred to in Schedule A,
Nor any right, title, interest, estate, or easement in abutting streets,
roads, avenues, lanes, ways or waterways.
“Public Records": Those records under state statute which impart con-
structive notice of matters relating to real property to purchasers for
value without knowledge and which are required by law to be main-
tained in the following public officein the County in which the land is
situated:
a) The County Recorder;
b) Clerk of Court of Common Pleas;
c} Probate Court, excluding adoption, birth, death
and marriage records;
d) Any other court located within the County having
jurisdiction over land in Schedule A;
e) Sheriff for land levies;
f| County Treasurers’ latest certified tax duplicate,
for taxes and assessments shown thereon as of the date of issuance of
this preliminary judicial report,
2. Determination of Liability
This Report together with any Final Judicial Report or any Supplement
thereto, issued by the Company is the entire contract between the
Guaranteed Party and the Company.
Any claim of monetary loss or damage, whether or not based on negli-
gence, and which arises out of the status of the title to the estate or
interest guaranteed hereby or any action asserting such claim, shall be
restricted to the Report.
3. Liability of Company
This Report is a guarantee of the record title of the land only, as dis-
closed by an examination of the Public Records herein defined in the
chain of title ownership.
4. Notice of Claim to be given by Guaranteed Claimant
In case knowledge shall come to the Guaranteed Party of any lien,
encumbrance, defect, or other claim of title guaranteed against and not
excepted in this Report, whether in a legal proceeding or otherwise, the
Guaranteed Party shall notify Company promptly in writing and secure to
the Company the right to oppose such proceeding or claim, or to remove
said lien, encumbrance or defect at its own cost. Any action for the pay-
ment of any loss under this Report must be commenced within one year
after such loss is sustained. A failure to furnish a statement of loss or
damage and to commence such action within the time herein before
specified shall be a conclusive bar against the maintenance of any
action under this Report.
5, Extent of Liability
The liability of the Company shall in no cas@ exbé@d‘h all Ineamonnt® Ts
stated herein and shall in all cases be limited to the actual loss, includ-
ing but not limited to attorneys’ fees and costs:of defense, only of the :
Guaranteed Party. Any and all payments under this Report shall reduce
the amount of this Report pro tanto and the Compasy's liability shail
terminate when the total amount of the Report has been paid.
The Company in its sole discretion shall have the following options:
a) To pay or tender to the Guaranteed Claimant the amount of the Report
or the balance remaining thereof, less any attorneys’ fees, costs or
expenses paid by the Company to the date of tender. If this option is
exercised all liability of the Company under this Report terminates
including but not limited to any liability for attorneys’ fees or any costs
of defense or prosecution of any litigation.
b) To pay or otherwise settle with other parties for or in the name of the
Guaranteed Claimant any claims guaranteed by this Report.
c} To continue, re-open or initiate any judicial proceeding in order to
adjudicate any claim covered by this Report. The Company shall have
the right to select counsel of its choice (subject to the right of the
Guaranteed Claimant to object for reasonable cause) to represent the
Guaranteed Claimant and will not pay the fees of any other counsel.
) To pay or tender to the Guaranteed Claimant the difference between
the value of the estate or interest as guaranteed and the value of the
estate or interest subject to the defect, lien, or encumbrance guaranteed
against by this Report.
7. Notices
All notices required to be given the Company shall be given promptly
and any statements in writing required to be furnished the Company
shall be addressed to Old Republic National Title Insurance Company,
400 Second Avenue South, Minneapolis, Minnesota 55401,
EXCLUSIONS FROM COVERAGE
1. The Company assumes no liability under this Report for any loss, cost
or damage resulting from any physical condition of the Land.
2. The Company assumes no liability under this Report for any loss, cost
or damage resulting from any typographical, clerical or other errors in
the Public Records, including but not limited to: mis-indexing, mis-
spellings or any other misinformation contained therein.
3. The Company assumes no liability under this Report for matters
affecting title subsequent to the date of the Report or the Final Judicial
Report or any supplement thereto.
4, The Company assumes no liability under this Report for the proper
form or execution of any pleadings or other documents to be filed in any
judicial proceedings.
§, The Company assumes no liability under this Report for any loss, cost
or damage resulting from the failure to complete service on any parties
shown in Schedule B of the Preliminary Judicial Report and the Final
Judicial Report or any Supplemental Report issued thereto.File Number 52632 PIR Number: 9801077) j 9 S674
Preliminary Judicial Report
Schedule A
Description of Land
Situated in the City of Middletown, County of Butler, State of Ohio and
described as follows, to wit:
Lot Number Ten Hundred Eighty Seven (1087) as the same is known and
designated on the recorded plat of the City of Middletown, Butler County, Ohio.
Also, Fifty-four (54) feet and Nine (9) inches to come evenly off the West end of
Lot Number Ten Hundred Eighty One (1081) as the same is known and
designated on the recorded plat of the City of Middletown, Butler County, Ohio.
Also, Six (6) feet to come evenly off the North side of Lot Number Ten Hundred
Eighty Six (1086) as the same is known and designated on the recorded plat of
the City of Middletown, Butler County, Ohio.
Property Address: 313 South Main Street, Middletown, OH 45044
Parcel Number: Q6521-018-000-012, Q6521-018-000-013, Q6521-018-000-014
END OF LEGAL DESCRIPTION
Note: Legal description contained in Schedule A was approved by the Butler County
Engineer’s office on December 17, 2009.
END OF SCHEDULE A\
My
56]
File Number 52632 PIR Numpber08016770
Preliminary Judicial Report e
Schedule B
Address: 313 South Main Street, Middletown, OH 45044
The matters shown below are exceptions to this Preliminary Judicial Report and the
Company assumes no liability arising therefrom.
1, Subject to restrictions, conditions, covenants, agreements, limitations,
reservations, right of ways and easements, if any, of record.
2. For Tax Information for Permanent Parcel No, Q6521-018-000-012, Q6521-018-
000-013, Q6521-018-000-014, see tax duplicate as of the Effective Date of this
Preliminary Judicial Report.
3. Mortgage from Kenneth R. Hinkle and Joyce A. Hinkle, address 2501 Cincinnati
Dayton Road, Middletown, Ohio 45044 to American Savings Bank, address 701
N. University Blvd., Middletown, Ohio 45042, in the amount of $30,000.00,
signed July 20, 2007, filed July 27, 2007, recorded in Official Record Book 7922,
Page 987.
4, No Certificate of Estate Tax Payment filed in the Estate of Kenneth R. Hinkle,
Case Number PE09-06-0632.
NOTE FOR INFORMATION PURPOSES ONLY:
Bankruptcy has been checked through December 17, 2009, and no active filings have
been found in the name of Valerie Pfeiffer.
Bankruptcy has been checked through December 8, 2009, and no active filings have been
found in the name of Victoria Wannemacher.
Bankruptcy has been checked through December 8, 2009, and no active filings have been
found in the name of Valerie Kazmierski.
END OF SCHEDULE BSAVINGS BANK
KNOW ALL MEN BY THESE PRESENTS that the Mortgagor(s) named below, for and in consideration of a loan to them evidenced by a
- promissory note of even date herewith in the Face Amount of Contract below shown, receipt of which is hereby acknowledged, grant, with
ovenants, to. THE AMERICAN SAVINGS BANK san Ohio bank — having an office at the
‘addrase shown below, herein called Mortgages, the property shown in “Description of Property”, below.
MORTGAGOR(S)
Kenneth R. Hinkle q
and
Joyce A. Hinkle, H&W MORTGAGE DEED
2501 Cincinnati Dayton Ré
1. Middletown, OH 15044 4
{
Address of Mortgagee
701 N. University Blvd.
Middlatown, Ohio 45042
Mortgagors) claim te trough Deed recorded in Votime 1447 and 6112 pygy 479 _and 0028 « of the Dead Records of
Butler. County, _0hd.o. Pace Amount of Contract $30,000.00 __
sa Tit moran ives apo the atta codon to care th part of sed promloory woe of een dle nde ebgnons videnced thereby 08
provided therein. .
“Statutory condition” is defined in section 6302.14 of the Reyised Code and provides generally that if the mortgagor pays the principal end cherges
evidenced by the promissory note aecured by thie mortyage, performs the other obligations secured hereby and the conditions of any prior mortgage, paysall the
taxes and aegesornenta, maintalns Insurance againal fire and otherhazarda, and dove not commit or suffer waste, then this mortgage shall be void. Awalver of any
breech of ny of the covenants or conditions of this mortgage shall not constitute a waiver of sny other covenants or conditions hereof ar of any covenant or
condition in the event of any subsequent breach thervof:
Each mortgegor and the respective spoure of each motigagor releases to the mortgagee allrighte and expectancy of dower ther
‘and olher exemption lawa and rights,
Description of Property: Lot Number One ‘thousand Eighty-Seven (1087) as the same is known and designated
on the recorded plat of the City of Middletown, Butler County, Ohio. Also, Fifty-Four (54) feet
and Nine (9) inches to come evenly off the West end of Lot Number One Thousand Eighty~One (1081),
as the same is known and designuted on the recorded plat of the City of Middletown, Butler
County, Ohio, Also, Six (6) feet to come evenly off the North side of Lot Number One
Thousand Eighty-Six (1086) ae the same is known and designated on the recorded plat of the
City of Middletown, Butler County, Ohio.
UAL A
none Ipage 10; Googosesc24s Type: OFF
Kind: MOAT
Recorded: 07/27/2007 at 08:08:40 AM
jand waives benefitof all
met
“Subject to the following Firat Mortgage
‘Amt: $28.00 Page 1 of 1
Hoc etuney sone
Dan Crank COUNTY RE
Filew 2007-00044820
Witres our —hand(e) this 20th day of July 20 07 7922 e987
Signed apd acknowledged in the presence of:
Kenneth 8. Hinkle
ex OL Melba
Joy8S & Hinkle
‘This instrument prepared by American Savings Bank
STATE OF OHIO, COUNTY OF —_Butler————--—___-____ 88:
Before me, a notary public in and for said County, personally appeared the shove named Mortgngor{s)
Kenneth R. Hinkle and Joyce A, Hinkle, H6éW
who acknowledged thst (he) (she) (they) did sign the foregoing instrument, and that the same is (his) (hers) (thet) free act and deed. In testimony whereof, Ihave
07
hereto dey of a 2,
. ZG je Ae J G
fq !nantforihe State of Os10 4 ‘Notary’ Publle
My Commission Expiras RELEASE
. Wevecnbar 18, 2007
tions of the within mortgage having heen sith, the underaigned hereby and the anme this
day of ___. 420Affidavit of Transfer
Pursuant to a Transfer on Death Deed
State of Ohio ) Image 10: 000007354883 Type: OFF
hs Be ABE aoe a cate om
con ode , tle se sie
Bar rank COUNTY RgcORDER
FLle# 2000-0003641
Victoria Wannemacher, being first duly sworn, states as follows: «8133 759
1. That, Victoria Wanenemocher is scr iving, henetiocaey nied
Trnnsfer on Death Deed executed by Kenneth R. Hinkle , recorded in Book 8091 Page
225-229, Book 8097 Page 230-232 of the Official Deed Records of Butler County, Ohio.
2. ‘Said property situated in the City of Middletown, in the County of Butler, and in the State
of Ohio, and being more particularly bounded and described as follows:
See Attached Exhibit “I”
3. That Kenneth R. Hinkle died on or about May 6, 2009, residing at 2501 Cincinnati-
Dayton Road, Middletown OH 45042. A certified copy of the death certificate is attached
as Exhibit "2" and herein incorporated by reference,
4, ‘That Kenneth R. Hinkle was survived by all of the beneficiaries as named in said deed:
a. Victoria Wannemacher, 2177 Union Road, Middletown OH 45044.
b. Valerie Pfeiffer, now known as Valerie Kazmierski, 3116 Ohio Avenue,
Middletown OH 45042.
5, That by virtue of the death of the party listed in Item 3 above, the beneficiaries named in
Item 4 above are the fee simple owners of the real property described in Item 2.
Victoria Wannemacher
2117 Union Road
Middletown, Ohio 45044
BE IT REMEMBERED, That on this _ day of s\2QQ__ 2009, before me, the
subscriber, a notary public in and for said state, personally appeared the above named, Victoria
Wannemacher, who acknowledged the signing thereof to be her voluntary act and deed, and
swore that the above statements were true, based on her actual knowledge.
IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my notary seal
con the day and year aforesaid.
CONNIE McPHILLIPS
Notary Public, State of Ohio
‘My Commission Expires GQ . = ‘ C 4 OQ:
January 25, 2011 :
Notary Public, State of Ohio
prepared By: SFERRED
Pom. Cooper Co., LP.A. DAT! f.
ker Clifton, Esq a
130 East Main Street sb —
Lebanon, OH 45036 FEE \ CCCY a
1-800-798-$297 EXEMPT. L
Roger Reynolds, Butler Co Auditor
“This conveyance has bean examined and the granter
‘has complied with saction 319.20: of it revised code.EXHIBIT “1”
4
Parcel No: Q6521-018-000-012, Q6521-018-000-013 & Q6521-018-000-014 “e
Situated in the City of Middletown, County of Butler, State of Ohio and describSdlas fol
wit:
lows, to”
Lot Number Ten Hundred Eighty Seven (1087) as the same is known and designated on the
recorded plat of the City of Middletown, Butler County, Ohio,
Also, Fifty-Four (54) feet and Nine (9) inches to come evenly off the West end of Lot Number
Ten Hundred Eighty One (1081) as the same is known and designated on the recorded plat of the
City of Middletown, Butler County, Ohio.
Also, Six (6) fest to come evenly off the North side of Lot Number Ten Hundred Eighty Six
(1086) as the same is known and designated on the recorded plat of the City of Middletown,
Butler County, Ohio.
Subject, however, to all building, use, planning, urban renewal, and zoning restrictions and
limitations, and all easements, right-of-way and protective covenants heretofore created, which
are now applicable to and effective against said real estate,
Parcel No: Q653.
Situated in the Third Ward of the City of Middletown, Butler County, Ohio,
part of Lot 1689 as sait{ Jot is known and designated on the recorded p)
said part lot being more Specifically bounded and described as follows
4 being the easterly
of the aforesaid City;
Beginning at the south comer of Lot 1689 on the nortpérly right-of-way of Flemming
‘Thence from said point of beginnidg and along the souther}f line of said lot and said right-of-way
line SOUTH 89° 46° 43° WEST 67997 feet; thence in said Lot 1689 NORTH 3° 27° 42" EAST
147.70 feet to the southerly right-of- it B
line southeastwardly on a curve to the
H 83° 42' 56” EAST 59.69 feet, to a point
‘on the easterly line of Lot 1689 said poin\beingSOUTH 0° 16° 43" WEST 9.37 feet from the
northeasterly comer of said lot; AND T!
43" WEST 140.63 feet to the point of beginXing CONTAINING 9162 Sq. Ft. according to a
survey (Drawing C-6185) by Duane, Hasselbfinly, Kuhiman & Associates, Registered Surveyors,
Middletown, Ohio, November 1975.
Said land being subject to all rights-of-w; and restrictions of record applicable to and
effective against said land.
Parcel No: Q6542-058-000-062
Situated in Section 8, Town 2, Rdnge 4 Lemon Township, Kot Number 17486 in the City of
Middletown, Butler County, Ohio/and being more particularly dexeribed as follows:
‘Commencing at a found concrgte monument at the northeasterly corker of Lot 27 of ‘DeBords Far
Hills, Section Three as recorded in Plat Book 21, Page 16; thence algng the southerly line of a
5,842 acre tract as recorded if Deed Book 873, Page 567, S 79 degrees 20’ 00” E for a distance of
50.00 feet to the southeastgrly comer of said tract; thence along the Centerline of Cincinnati-
Dayton Road, N 10 degree 40° 00” E for a distance of 100.00 feet to the thye point of beginning;
thence continuing along s¢id centerline, N 10 degrees 40° 00" E for a distandy of 200.58 feet to a
point; thence continuing Along said centerline, N 18 degrees 22° 30” E for a¥istance of 102.57
fect to a point; thence along a new division line in said 5.842 acre tract, N 84 dbgree
for a distance of 403.3 feet to a 2" iron pin set, witness a %" iron pin set at 33.86 feet; thence
along the westerly liné of said 5.842 cre tract and a curve concave to the soulkeast, an are
distance of 56.44 feeyto a” iron pin set, said curve having a radius of 1483.85 feet &y
angle of 2 degrees 0’ 46”; thence continuing along said westerly line, $ 10 degrees
for a distance of 298.88 feet to a 4” iron pin set; thence along a new division line in sal 5.842
acre tract, $ 79 degrees, 20° 00” E for a distance of 389.00 feet to the point of beginning, witness
Onis ARNE ATU
1D: 000007384584 Type: OFF
AFFIDAVIT
Page 2 of 7
Flew 2009-0003841)
%8133 760
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c WED 109 0 eR NANCY E, NIX, TREASURER Butler County, Ohio SUNY. 315 Hoh Si ree" % Hamilton, OF%45011 Plaintiff Vv. VICTORIA WANNEMACHER 2177 Union Road Middletown, OH 45044 JOHN DOE, UNKNOWN SPOUSE OF VICTORIA WANNEMACHER 2177 Union Road Middletown, OH 45044 VALERIE PFEIFFER NKA VALERIE KAZMIERSKI 3116 Ohio Avenue Middletown, OH 45042 JOHN DOE, UNKNOWN SPOUSE OF VALERIE PFEIFFER NKA VALERIE KAZMIERSKI 3116 Ohio Avenue Middletown, OH 45042 STATE OF OHIO, ESTATE TAX DIVISION P.O. Box 530 Columbus, OH 43216-0530 AMERICAN SAVINGS BANK, FSB 701 N University Blvd. Middletown, OH 45042 Defendant(s) _ 91, COURT OF COMMON PLEAS e630 AN 3 ¢4 BUTLER COUNTY, OHIO Case No.: Judge: COMPLAINT FOR FORECLOSURE OF LIEN FOR DELINQUENT REAL ESTATE TAXES: AUDITOR’S PERMANENT PARCEL NO(S). Q6521-018-000-012 Q6521-018-000-013 Q6521-018-000-014 3 PARCELS TO BE SOLD AS 1 1. Plaintiff Nancy E. Nix is the Treasurer of Butler County, Ohio, and brings this action to foreclose on the lien of the State of Ohio for delinquent land taxes, assessments, charges, penalties, and interest in accordance with R.C. §5721.18 or §323.25. 2. Defendant(s) Victoria Wannemacher and Valerie Pfeiffer NKA Valerie Kazmierski is/are the fee simple owner(s) of the property described in the attached Exhibit “A.” The Auditor of IIButler County has assigned the following Permanent Parcel Number(s), to o Seid property 96521- 018-000-012, Q6521-018-000-013 and Q6521-018-000-014. 2 ~ aout 3. Pursuant to the provisions of R.C. §5721.13, the Butler County autre Land Tax Certificate/ Master List of Delinquent Tracts referencing the above described property. December 31, 2008, file with the Prosecuting Attorney of Butler County, Ohio,'a 4. Pursuant to said Certificate/Master List, the amount of taxes, assessments, charges, penalties, and interest which are due and unpaid in respect to said parcel(s) is $5,396.31. 5. Pursuant to R.C. §5721.10, the State of Ohio has the first lien on said parcel(s) for the amount of taxes, assessments, charges, penalties, and interest which are due and unpaid in respect to said parcel(s). 6. Defendant American Savings Bank, FSB has/have, or may claim, an interest in said real estate by virtue of a Mortgage filed on 12/29/2009, and recorded at O.R. 7922 Page 987 of the Records of the Recorder of Butler County, Ohio in the original amount of $30,000.00. 7. Defendant State Of Ohio, Estate Tax Division has/have, or may claim, an interest in said real estate by virtue of a Certificate of Estate Tax Lien. 8. The Unknown Spouse(s) of Victoria Wannemacher and Valerie Pfeiffer NKA Valerie Kazmierski, may claim an interest in said real estate. 9. Pursuant to R.C. §5721.19, Plaintiff further demands payment of all taxes, assessments and interest which are payable on the date of sale. 10. A Preliminary Judicial Report as required by R.C. §2329.191 is attached hereto as Exhibit “A.” WHEREFORE, Plaintiff requests that: 1. The court enter its finding with respect to each parcel described in the attached Exhibit “A” of the amount of the taxes, assessments, charges, penalties, and interest, and the costs incurred herein, which are due and unpaid. 2. All defendants plead their respective claims to the subject real property or be forever barred; 3. Unless previously redeemed pursuant to R.C. §5721.25, the Court order that said property be sold, without appraisal, by the Sheriff in the manner provided by R.C. §5721.19 for the total amount of the finding entered by the court, including all taxes, assessments, charges, penalties, and interest payable subsequent to the delivery to the county prosecuting attorney of the delinquent land tax certificate or master list of delinquent tracts and prior to the transfer of the deed of the parcel to the purchaser following confirmation of sale, plus the costs incurred in the foreclosure proceeding. 4. If any parcel(s) as described in the attached Exhibit “A” remains unsold after being offered at two sales, such parcel(s) be forfeited to the State of Ohio pursuant to R.C. §5723.01.TO THE CLERK: ROBIN N. PIPER apg 12 987% Prose: ting Attomey of B County, Ohio, “6 Bob C. Roberts0078270 Assistant Prosecuting Attorney 315 High St., 11" Floor P.O. Box 515 Hamilton, OH 45012-0515 (513) 887-3478 Fax: (513) 887-3748 robertsbc@pbutlercountyohio.org Please serve Summons and a copy of the Complaint by Certified Mail upon the Defendant(s) at the address(es) as listed in the caption of this Complaint. ROBIN N. PIPER jutler County, Ohio . Roberts, 0078270 Assistant Prosecuting Attorneyat, 12 5674 ? ci) * PRELIMINARY JUDICIAL REPORT * * *y* File Number 52632 PJR Number: 08010770 Effective Date: December 15, 2009 at 7:59 A.M. Address: 313 South Main Street, Middletown, OH 45044 Guaranteed Party and Address: Office of the Prosecuting Attorney Butler County, Ohio P.O. Box 515 Hamilton, Ohio 45012 Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for use in judicial proceedings, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY (hereinafter “the Company”) hereby guarantees in an amount not to exceed $5,396.31 that it has examined the public records in Butler County, Ohio as the land described in Schedule A, that the record title to the land is at the date hereof vested in Victoria Wannemacher and Valerie Pfeiffer, now known as Valerie Kazmierski by instrument recorded in Official Record Book 8133, Page 759, and free from all encumbrances, liens or defects of record, except as shown in Schedule B. This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations contained herein. This Report shall not be valid or binding until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY . A Stock Compan Issued By: “200 Second Avenue South, Minneapolis, Minnesota 55401 ALL POINTS TITLE & CLOSING, INC. eua}a7i-yt1) Agent Control No. A34585, Address: 300 High Street, Suite 404, Hamilton, Ohio 45011 Telephone # 1-877-505-6446 by (2 é QE QS Apert 5 2 ‘Authorized Officer or Agent Attest bh pe Exhibit ACONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1, Definition of Terms “Guaranteed Party’: The party or parties named herein or the purchaser at judicial sale. “Guaranteed Claimant’: Guaranteed Party claiming loss or damage here- under. “Land”: The land described specifically or by reference in Schedule A, and improvements affixed thereto, which by law constitute real property; provided however the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, Nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, lanes, ways or waterways. “Public Records": Those records under state statute which impart con- structive notice of matters relating to real property to purchasers for value without knowledge and which are required by law to be main- tained in the following public officein the County in which the land is situated: a) The County Recorder; b) Clerk of Court of Common Pleas; c} Probate Court, excluding adoption, birth, death and marriage records; d) Any other court located within the County having jurisdiction over land in Schedule A; e) Sheriff for land levies; f| County Treasurers’ latest certified tax duplicate, for taxes and assessments shown thereon as of the date of issuance of this preliminary judicial report, 2. Determination of Liability This Report together with any Final Judicial Report or any Supplement thereto, issued by the Company is the entire contract between the Guaranteed Party and the Company. Any claim of monetary loss or damage, whether or not based on negli- gence, and which arises out of the status of the title to the estate or interest guaranteed hereby or any action asserting such claim, shall be restricted to the Report. 3. Liability of Company This Report is a guarantee of the record title of the land only, as dis- closed by an examination of the Public Records herein defined in the chain of title ownership. 4. Notice of Claim to be given by Guaranteed Claimant In case knowledge shall come to the Guaranteed Party of any lien, encumbrance, defect, or other claim of title guaranteed against and not excepted in this Report, whether in a legal proceeding or otherwise, the Guaranteed Party shall notify Company promptly in writing and secure to the Company the right to oppose such proceeding or claim, or to remove said lien, encumbrance or defect at its own cost. Any action for the pay- ment of any loss under this Report must be commenced within one year after such loss is sustained. A failure to furnish a statement of loss or damage and to commence such action within the time herein before specified shall be a conclusive bar against the maintenance of any action under this Report. 5, Extent of Liability The liability of the Company shall in no cas@ exbé@d‘h all Ineamonnt® Ts stated herein and shall in all cases be limited to the actual loss, includ- ing but not limited to attorneys’ fees and costs:of defense, only of the : Guaranteed Party. Any and all payments under this Report shall reduce the amount of this Report pro tanto and the Compasy's liability shail terminate when the total amount of the Report has been paid. The Company in its sole discretion shall have the following options: a) To pay or tender to the Guaranteed Claimant the amount of the Report or the balance remaining thereof, less any attorneys’ fees, costs or expenses paid by the Company to the date of tender. If this option is exercised all liability of the Company under this Report terminates including but not limited to any liability for attorneys’ fees or any costs of defense or prosecution of any litigation. b) To pay or otherwise settle with other parties for or in the name of the Guaranteed Claimant any claims guaranteed by this Report. c} To continue, re-open or initiate any judicial proceeding in order to adjudicate any claim covered by this Report. The Company shall have the right to select counsel of its choice (subject to the right of the Guaranteed Claimant to object for reasonable cause) to represent the Guaranteed Claimant and will not pay the fees of any other counsel. ) To pay or tender to the Guaranteed Claimant the difference between the value of the estate or interest as guaranteed and the value of the estate or interest subject to the defect, lien, or encumbrance guaranteed against by this Report. 7. Notices All notices required to be given the Company shall be given promptly and any statements in writing required to be furnished the Company shall be addressed to Old Republic National Title Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401, EXCLUSIONS FROM COVERAGE 1. The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical condition of the Land. 2. The Company assumes no liability under this Report for any loss, cost or damage resulting from any typographical, clerical or other errors in the Public Records, including but not limited to: mis-indexing, mis- spellings or any other misinformation contained therein. 3. The Company assumes no liability under this Report for matters affecting title subsequent to the date of the Report or the Final Judicial Report or any supplement thereto. 4, The Company assumes no liability under this Report for the proper form or execution of any pleadings or other documents to be filed in any judicial proceedings. §, The Company assumes no liability under this Report for any loss, cost or damage resulting from the failure to complete service on any parties shown in Schedule B of the Preliminary Judicial Report and the Final Judicial Report or any Supplemental Report issued thereto.File Number 52632 PIR Number: 9801077) j 9 S674 Preliminary Judicial Report Schedule A Description of Land Situated in the City of Middletown, County of Butler, State of Ohio and described as follows, to wit: Lot Number Ten Hundred Eighty Seven (1087) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. Also, Fifty-four (54) feet and Nine (9) inches to come evenly off the West end of Lot Number Ten Hundred Eighty One (1081) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. Also, Six (6) feet to come evenly off the North side of Lot Number Ten Hundred Eighty Six (1086) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. Property Address: 313 South Main Street, Middletown, OH 45044 Parcel Number: Q6521-018-000-012, Q6521-018-000-013, Q6521-018-000-014 END OF LEGAL DESCRIPTION Note: Legal description contained in Schedule A was approved by the Butler County Engineer’s office on December 17, 2009. END OF SCHEDULE A\ My 56] File Number 52632 PIR Numpber08016770 Preliminary Judicial Report e Schedule B Address: 313 South Main Street, Middletown, OH 45044 The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. 1, Subject to restrictions, conditions, covenants, agreements, limitations, reservations, right of ways and easements, if any, of record. 2. For Tax Information for Permanent Parcel No, Q6521-018-000-012, Q6521-018- 000-013, Q6521-018-000-014, see tax duplicate as of the Effective Date of this Preliminary Judicial Report. 3. Mortgage from Kenneth R. Hinkle and Joyce A. Hinkle, address 2501 Cincinnati Dayton Road, Middletown, Ohio 45044 to American Savings Bank, address 701 N. University Blvd., Middletown, Ohio 45042, in the amount of $30,000.00, signed July 20, 2007, filed July 27, 2007, recorded in Official Record Book 7922, Page 987. 4, No Certificate of Estate Tax Payment filed in the Estate of Kenneth R. Hinkle, Case Number PE09-06-0632. NOTE FOR INFORMATION PURPOSES ONLY: Bankruptcy has been checked through December 17, 2009, and no active filings have been found in the name of Valerie Pfeiffer. Bankruptcy has been checked through December 8, 2009, and no active filings have been found in the name of Victoria Wannemacher. Bankruptcy has been checked through December 8, 2009, and no active filings have been found in the name of Valerie Kazmierski. END OF SCHEDULE BSAVINGS BANK KNOW ALL MEN BY THESE PRESENTS that the Mortgagor(s) named below, for and in consideration of a loan to them evidenced by a - promissory note of even date herewith in the Face Amount of Contract below shown, receipt of which is hereby acknowledged, grant, with ovenants, to. THE AMERICAN SAVINGS BANK san Ohio bank — having an office at the ‘addrase shown below, herein called Mortgages, the property shown in “Description of Property”, below. MORTGAGOR(S) Kenneth R. Hinkle q and Joyce A. Hinkle, H&W MORTGAGE DEED 2501 Cincinnati Dayton Ré 1. Middletown, OH 15044 4 { Address of Mortgagee 701 N. University Blvd. Middlatown, Ohio 45042 Mortgagors) claim te trough Deed recorded in Votime 1447 and 6112 pygy 479 _and 0028 « of the Dead Records of Butler. County, _0hd.o. Pace Amount of Contract $30,000.00 __ sa Tit moran ives apo the atta codon to care th part of sed promloory woe of een dle nde ebgnons videnced thereby 08 provided therein. . “Statutory condition” is defined in section 6302.14 of the Reyised Code and provides generally that if the mortgagor pays the principal end cherges evidenced by the promissory note aecured by thie mortyage, performs the other obligations secured hereby and the conditions of any prior mortgage, paysall the taxes and aegesornenta, maintalns Insurance againal fire and otherhazarda, and dove not commit or suffer waste, then this mortgage shall be void. Awalver of any breech of ny of the covenants or conditions of this mortgage shall not constitute a waiver of sny other covenants or conditions hereof ar of any covenant or condition in the event of any subsequent breach thervof: Each mortgegor and the respective spoure of each motigagor releases to the mortgagee allrighte and expectancy of dower ther ‘and olher exemption lawa and rights, Description of Property: Lot Number One ‘thousand Eighty-Seven (1087) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. Also, Fifty-Four (54) feet and Nine (9) inches to come evenly off the West end of Lot Number One Thousand Eighty~One (1081), as the same is known and designuted on the recorded plat of the City of Middletown, Butler County, Ohio, Also, Six (6) feet to come evenly off the North side of Lot Number One Thousand Eighty-Six (1086) ae the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. UAL A none Ipage 10; Googosesc24s Type: OFF Kind: MOAT Recorded: 07/27/2007 at 08:08:40 AM jand waives benefitof all met “Subject to the following Firat Mortgage ‘Amt: $28.00 Page 1 of 1 Hoc etuney sone Dan Crank COUNTY RE Filew 2007-00044820 Witres our —hand(e) this 20th day of July 20 07 7922 e987 Signed apd acknowledged in the presence of: Kenneth 8. Hinkle ex OL Melba Joy8S & Hinkle ‘This instrument prepared by American Savings Bank STATE OF OHIO, COUNTY OF —_Butler————--—___-____ 88: Before me, a notary public in and for said County, personally appeared the shove named Mortgngor{s) Kenneth R. Hinkle and Joyce A, Hinkle, H6éW who acknowledged thst (he) (she) (they) did sign the foregoing instrument, and that the same is (his) (hers) (thet) free act and deed. In testimony whereof, Ihave 07 hereto dey of a 2, . ZG je Ae J G fq !nantforihe State of Os10 4 ‘Notary’ Publle My Commission Expiras RELEASE . Wevecnbar 18, 2007 tions of the within mortgage having heen sith, the underaigned hereby and the anme this day of ___. 420Affidavit of Transfer Pursuant to a Transfer on Death Deed State of Ohio ) Image 10: 000007354883 Type: OFF hs Be ABE aoe a cate om con ode , tle se sie Bar rank COUNTY RgcORDER FLle# 2000-0003641 Victoria Wannemacher, being first duly sworn, states as follows: «8133 759 1. That, Victoria Wanenemocher is scr iving, henetiocaey nied Trnnsfer on Death Deed executed by Kenneth R. Hinkle , recorded in Book 8091 Page 225-229, Book 8097 Page 230-232 of the Official Deed Records of Butler County, Ohio. 2. ‘Said property situated in the City of Middletown, in the County of Butler, and in the State of Ohio, and being more particularly bounded and described as follows: See Attached Exhibit “I” 3. That Kenneth R. Hinkle died on or about May 6, 2009, residing at 2501 Cincinnati- Dayton Road, Middletown OH 45042. A certified copy of the death certificate is attached as Exhibit "2" and herein incorporated by reference, 4, ‘That Kenneth R. Hinkle was survived by all of the beneficiaries as named in said deed: a. Victoria Wannemacher, 2177 Union Road, Middletown OH 45044. b. Valerie Pfeiffer, now known as Valerie Kazmierski, 3116 Ohio Avenue, Middletown OH 45042. 5, That by virtue of the death of the party listed in Item 3 above, the beneficiaries named in Item 4 above are the fee simple owners of the real property described in Item 2. Victoria Wannemacher 2117 Union Road Middletown, Ohio 45044 BE IT REMEMBERED, That on this _ day of s\2QQ__ 2009, before me, the subscriber, a notary public in and for said state, personally appeared the above named, Victoria Wannemacher, who acknowledged the signing thereof to be her voluntary act and deed, and swore that the above statements were true, based on her actual knowledge. IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my notary seal con the day and year aforesaid. CONNIE McPHILLIPS Notary Public, State of Ohio ‘My Commission Expires GQ . = ‘ C 4 OQ: January 25, 2011 : Notary Public, State of Ohio prepared By: SFERRED Pom. Cooper Co., LP.A. DAT! f. ker Clifton, Esq a 130 East Main Street sb — Lebanon, OH 45036 FEE \ CCCY a 1-800-798-$297 EXEMPT. L Roger Reynolds, Butler Co Auditor “This conveyance has bean examined and the granter ‘has complied with saction 319.20: of it revised code.EXHIBIT “1” 4 Parcel No: Q6521-018-000-012, Q6521-018-000-013 & Q6521-018-000-014 “e Situated in the City of Middletown, County of Butler, State of Ohio and describSdlas fol wit: lows, to” Lot Number Ten Hundred Eighty Seven (1087) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio, Also, Fifty-Four (54) feet and Nine (9) inches to come evenly off the West end of Lot Number Ten Hundred Eighty One (1081) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. Also, Six (6) fest to come evenly off the North side of Lot Number Ten Hundred Eighty Six (1086) as the same is known and designated on the recorded plat of the City of Middletown, Butler County, Ohio. Subject, however, to all building, use, planning, urban renewal, and zoning restrictions and limitations, and all easements, right-of-way and protective covenants heretofore created, which are now applicable to and effective against said real estate, Parcel No: Q653. Situated in the Third Ward of the City of Middletown, Butler County, Ohio, part of Lot 1689 as sait{ Jot is known and designated on the recorded p) said part lot being more Specifically bounded and described as follows 4 being the easterly of the aforesaid City; Beginning at the south comer of Lot 1689 on the nortpérly right-of-way of Flemming ‘Thence from said point of beginnidg and along the souther}f line of said lot and said right-of-way line SOUTH 89° 46° 43° WEST 67997 feet; thence in said Lot 1689 NORTH 3° 27° 42" EAST 147.70 feet to the southerly right-of- it B line southeastwardly on a curve to the H 83° 42' 56” EAST 59.69 feet, to a point ‘on the easterly line of Lot 1689 said poin\beingSOUTH 0° 16° 43" WEST 9.37 feet from the northeasterly comer of said lot; AND T! 43" WEST 140.63 feet to the point of beginXing CONTAINING 9162 Sq. Ft. according to a survey (Drawing C-6185) by Duane, Hasselbfinly, Kuhiman & Associates, Registered Surveyors, Middletown, Ohio, November 1975. Said land being subject to all rights-of-w; and restrictions of record applicable to and effective against said land. Parcel No: Q6542-058-000-062 Situated in Section 8, Town 2, Rdnge 4 Lemon Township, Kot Number 17486 in the City of Middletown, Butler County, Ohio/and being more particularly dexeribed as follows: ‘Commencing at a found concrgte monument at the northeasterly corker of Lot 27 of ‘DeBords Far Hills, Section Three as recorded in Plat Book 21, Page 16; thence algng the southerly line of a 5,842 acre tract as recorded if Deed Book 873, Page 567, S 79 degrees 20’ 00” E for a distance of 50.00 feet to the southeastgrly comer of said tract; thence along the Centerline of Cincinnati- Dayton Road, N 10 degree 40° 00” E for a distance of 100.00 feet to the thye point of beginning; thence continuing along s¢id centerline, N 10 degrees 40° 00" E for a distandy of 200.58 feet to a point; thence continuing Along said centerline, N 18 degrees 22° 30” E for a¥istance of 102.57 fect to a point; thence along a new division line in said 5.842 acre tract, N 84 dbgree for a distance of 403.3 feet to a 2" iron pin set, witness a %" iron pin set at 33.86 feet; thence along the westerly liné of said 5.842 cre tract and a curve concave to the soulkeast, an are distance of 56.44 feeyto a” iron pin set, said curve having a radius of 1483.85 feet &y angle of 2 degrees 0’ 46”; thence continuing along said westerly line, $ 10 degrees for a distance of 298.88 feet to a 4” iron pin set; thence along a new division line in sal 5.842 acre tract, $ 79 degrees, 20° 00” E for a distance of 389.00 feet to the point of beginning, witness Onis ARNE ATU 1D: 000007384584 Type: OFF AFFIDAVIT Page 2 of 7 Flew 2009-0003841) %8133 760