2012_08_10_15_19_45

Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Jul 24 2:54 PM-11CV0155290A570 - D38

IN THE COURT OF COMMON PLEAS

FRANKLIN COUNTY, OHIO

MARCIA GARCIA

Plaintiff,

v.

RODNEY BREWER, et al.,

Defendants,

UNITED MIDWEST SAVINGS BANK,

Third Party Plaintiff

v.

GENEROSA SIA, et al.,

Third Party Defendants.

CASE NO. 11CV-12-15529

JUDGE K. COCROFT

AGREED JUDGMENT ENTRY AND ORDER OF FORECLOSURE

This cause came before the Court on the Complaint of Plaintiff, the Answer,

Counterclaim and Third Party Complaint of Defendant, United Midwest Savings Bank, the

Answer and Disclaimer of Interest of Third Party Defendants, Deutche Bank National Trust and

Lomas Mortgage, USA, the Answer of Search2close, and the Appearance of Third Party

Defendant, Generoso Sia, Jr..

The Court, having considered the pleadings, motions, the parties agreement, and the

evidence adduced, finds as follows:


1. Plaintiff and all Third Party Defendant have been properly served with summons and a

copy of the Counterclaim and Third Party Complaint of Defendant, United Midwest Savings

Bank;

2. All parties necessary for a complete adjudication of this matter, Defendant, United

Midwest Savings Bank's, Counterclaim and Third Party Complaint are properly before this

Court;

3. Defendant, Deutche Bank National Trust, has, through its Answer to the Third Party

Complaint denied and expressly disclaimed any right, title and interest in and to the subject

property known as 67 E. Weber Road, Columbus, Ohio 43202. Furthermore, said Defendant has

been dismissed from the Third Party Complaint, via Notice ofDismissal of Third Party

Defendant, Deutche Bank National Trust, filed by Defendant, United Midwest Savings Bank, on

or about May 30, 2012;

4. Defendant, Lomas Mortgage has been dismissedfrom the Third Party Complaint, via

Notice of Dismissal of Third Party Defendant, Lomas Mortgage, filed by Defendant, United

Midwest Savings Bank, on April 16, 2012.

5. In entering into this Agreed JudgmentEntry and Order of Foreclosure, Plaintiff and

Third-party Defendant, GenerosoSia, a.k.a. GenerosaT. Sia, Jr., a.k.a. Generoso T. Sia, Jr., state

and affirm to the Court that they are not married. Accordingly, Third Party Defendants,

Unknown Spouse, if any ofMarcia Garcia, and Unknown Spouse, if any of Generosa Sia, are

hereby dismissed from the Third Party Complaint;

6. Plaintiff, Marcia Garcia, a.k.a Marcia M. Garcia, and Third Party Defendant, Generoso

Sia, have agreedto and consent to the entry of judgment for foreclosure of the subject property


known as 67 E. Weber Road, Columbus, Ohio 43202 (PN: 010-016448-00) and described

more particularly as:

Situated in the State of Ohio, County of Franklin and in the City of Columbus, to-wit:

Being part of Lot Number Two Hundred Four (204) and part of the east one-half of LotNumber Two Hundred Five (205) of CRESTVIEW ADDITION TO THE CITY OFCOLUMBUS, as the same are numbered and delineated upon the recorded plat thereof,of record in Plat Book 8, Pages 11A and 1IB, Recorder's Office, Franklin County, Ohioand more particularly described as follows:

Beginning at a point in the south line of Weber Road, and the northeast corner of LotNumber Two Hundred Four (204); then in a southerly direction along the east line of LotNo. 204, 94.20 feet to a point; thence in a westerly direction and at right angles 37.50 feetto a point in Lot No. 205; thence in a northerly direction and parallel with the east line ofLot No. 205, 76.95 feet to a point in the south line of Weber Road; thence in a easterlydirection along the south line of Weber Road, to the place of beginning.

Excepting, reservations, conditions, restrictions and easements, if any, of record.

7. Plaintiff, Marcia Garcia, and Third Party Defendant, Generoso Sia, executed the Note

described in the Counterclaim and Third Party Complaint now owned and held by Defendant,

United Midwest Savings Bank;

8. The Note was not paid according to its terms, and as a consequence, there is due and

owing to Defendant, United Midwest Savings Bank, on the debt secured by the Mortgage, the

sum of Two Hundred, Forty-two Thousand, Three Hundred, Seventy-oneDollars and Seventy-

eightCents($242,371.78) with interest at the rate of 5.125% per annum from and after July 1,

2008, plus late fees and costs necessary to preserve the subject property;

9. Plaintiff, Marcia Garcia, unmarried, and Third Party Defendant, Generoso Sia,

unmarried, are the owners of record of the subject property;

10. In order to secure payment of the Note, Plaintiff, Marcia Garcia, and Third Party

Defendant, Generoso Sia, executedand delivered a Mortgage, as set for the in the Second Count


of Defendant, United Midwest Savings Bank's, Counterclaim and Third Party Complaint,

thereby conveying the subject property to Defendant, United Midwest Savings Bank, its

successors and assigns;

11. The Mortgage was duly recorded in the Office of the Recorder of Franklin County, Ohio

on December 28, 2007 as Instrument Number 200712280220886 and thereby became and is a

valid first mortgage lien on the subject property;

12. The conditions of the Mortgage have been broken and the same has become absolute.

Accordingly, Defendant, United Midwest Savings Bank, is entitled to have the equity of

redemption and dower, if any, of all parties, to this Agreed Entry, in and to the subject property

foreclosed;

13. In order to further secure payment of the Note, Plaintiff, Marcia Garcia, executed and

delivered a UCC Financing Statement, as set for the in the Third Count of Defendant, United

Midwest Savings Bank's, Counterclaim and Third Party Complaint, thereby conveying the

personal property, fixtures, inventory which are raw materials, work in progress, or materials

which may be used in the construction or improvement of the subject property, which may or

may not be found at the subject property;

14. The UCC Financing Statement was duly recorded in the Office of the Recorder of

Franklin County, Ohio on December 28, 2007 as InstrumentNumber 200712280220912 and

thereby provided Defendant, United Midwest SavingsBank, with a security interest in the

personal property described therein;

15. In consideration for the agreement ofPlaintiff, Marcia Garcia, and Third Party

Defendant, Generoso Sia, to the entry of judgment and order of foreclosure contained herein,

Defendant, United Midwest Savings Bank, has agreed to waive any and all rights to any


deficiency judgment against Plaintiff, Marcia Garcia, and Third Party Defendant, Generoso Sia,

and upon confirmation of any judicial sale held on connection with this action, the obligations

evidenced by the Note and Mortgage shall be deemed satisfied in full;

16. The Parties to this Agreed Entry desire to release and discharge one and other from any

and all rights, claims, causes of action, counterclaims, demands, actions, suits, damages, debts,

losses, executions and liabilities of whatever kind or nature which the Parties now have against

one another, ever had or may have in the future against one another, including but not limited to

past, present, and future claims, either legal or equitable, whether known or unknown, for

contractual, extra-contractual, tortuous, compensatory, and punitive damages, commissions,

interest, attorneys' fees and costs arising from the events and circumstances contained in the case

at bar, including but not limited to all claims, rights, or causes of actions which were or might

have been asserted in the present case or applicable to the subject property.

17. There is due and owing to Third Party Defendant, Franklin County Treasurer, taxes

accrued taxes, assessments and penalties on the subject property, as shown on the Franklin

County Treasurer's tax duplicate, the exact amountbeing undetermined at the present time, but

which amount will be ascertainable at the time of sale, which is a valid, first and subsisting lien

thereon for that amount so owing; and finally

18. There is no just reason for delay in the entry of finaljudgment as to the matters addressed

herein.

IT IS THEREFORE, ORDERED, ADJUDICATED and DECREED that in rem judgment

is entered in favor of Defendant, United Midwest Savings Bank in the amount of Two Hundred,

Forty-two Thousand, Three Hundred, Seventy-one Dollars and Seventy-eight Cents

($242,371.78) with interest at the rate of 5.125% perannum from and afterJuly 1, 2008, plus late


fees and costs necessary to preserve the subject property, together with the costs of this action,

including the sum of $1,039.00, for the Preliminary and Final Judicial Reports.

IT IS FURTHER, ORDERED, ADJUDICATED and DECREED that upon confirmation

of any judicial sale held in connection with this matter, the obligations evidenced by the Note

and Mortgage shall be deemed satisfied in full and no personal judgment shall be rendered

against Plaintiff, Marcia Garcia, and Third Party Defendant, Generoso Sia.

IT IS FURTHER, ORDERED, ADJUDICATED and DECREED that Defendant, United

Midwest Saving Bank, be entitled to any and all its statutory rights in and to the goods which are

or were to become fixtures, inventory which are raw materials, work in process, or materials

which may be used in the construction of the dwelling located at 67 E. Weber Road, Columbus,

Ohio 43202 or that may situated therein.

IT IS FURTHER, ORDERED, ADJUDICATED and DECREED that unless the sums

hereinabove found due, together with the costs of this action, be fully paid within three (3) days

from the date of the entry of this Judgment, the equity of redemption and dower of all

Defendants, Third Party Defendants, and Plaintiff, in and to the subject property shall be

foreclosed, and the property sold; that upon the issuance of a Praecipe for Order of Sale by

Defendant, United Midwest Savings Bank, an Order of Sale shall thereafter be issued to the

Sheriff of Franklin County, Ohio, directing him to appraise, advertise in a paper of general

circulation with the County, and sell the subject property as upon execution and according to

law, free and clear of the interests of all parties to this action.

IT IS FURTHER, ORDERED, ADJUDICATED and DECREED that after the sale has

been completed, the Sheriff of Franklin County shall convey to the purchaser of the Property a

Sheriff's Deed and that a Writ of Possession of the Property shall be issued.


IT IS FURTHER, ORDERED, ADJUDICATED and DECREED that in the event that

Defendant, United Midwest Savings Bank, is the successful bidder at the Sheriff Sale, the

amount of the deposits made herein by Defendant, United Midwest Savings Bank, and the costs

of the Preliminary and Final Judicial Reports, in the sum of $1,039.00, shall be deducted from

the total amount of court costs otherwise payable herein.

IT IS FURTHER, ORDERED, ADJUDICATED and DECREED that Defendant, United

Midwest Savings Bank be authorized to credit bid at the Sheriff Sale.

IT IS FURTHER, ORDERED, ADJUDICATED and DECREED, that all claims of the

Parties to this agreement, excluding those specifically addressed in this Agreed Entry, are hereby

dismissed with prejudice.

IT IS SO ORDERED.

Date Judge K. Cocroft


The undersigned, being all the parties associated with Defendant, United Midwest SavingsBank's, Counterclaim and Third Party Complaint APPROVE the foregoing Agreed JudgmentEntry and Order of Foreclosure:

A/ Amanda Baird

By: Matthew J- Roda {per e-mail authority 6-25-2012}Amanda Baird (0071482)Baird Law Offices, LLCAttorneyfor PlaintiffMarcia Garcia

/s/ Matthew J- RodaCharles R. Griffith (0031388)Matthew J. Roda (0061985)Griffith Law OfficesAttorneysfor Defendant, CounterclaimantAnd ThirdParty Plaintiff,UnitedMidwest Savings Bank

/s/ Jerry L- Kaltenbach

By: Matthew J- Roda {per e-mail authority 7-2-2012}Jerry L. Kaltenbach (0075065)Kaltenbach Law, LLCAttorneyfor ThirdParty DefendantGeneroso Sia, Jr.

/s/ Michelle L> Polly-Murphy

By: Matthew J- Roda {per e-mail authority 6-28-2012}Steven E. Elder (0009066)Michelle L. Polly-Murphy (0072091)STEVEN E. ELDER CO., L.P.A.Attorneyfor DefendantSearch2Close

/s/ Mary B- Johnson

By: Matthew J- Roda {per e-mail authority 6-28-2012}Mary E. Johnson (0037623)AdriaL. Fields (0064399)Assistant Prosecuting AttorneysAttorneysfor DefendantFranklin County Treasurer


Franklin County Court of Common Pleas

Date: 07-24-2012

Case Title: MARCIA GARCIA -VS- RODNEY BREWER

Case Number: 11CV015529

Type: AGREED ORDER

It Is So Ordered.

/s/ Judge Kimberly Cocroft

Electronically signed on 2012-Jul-24 page 9 of 9

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2012_08_10_15_19_45