Daily Legal News - Common Pleas Notices

  • LEGAL NOTICE

    915332—Felton E. Pitts, Sr. vs. Thomas Porter, et al.

    Unknown heirs, devisees, legatees, assignees, executors, administrators and legal representatives of Thomas J. Porter, deceased, the place of residence of each being unknown; Unknown heirs, devisees, legatees, assignees, executors, administrators and legal representatives of Edna Porter, deceased, the place of residence of each being unknown; Unknown heirs, devisees, legatees, assignees, executors, administrators and legal representatives of Jackie D. Pitts aka Jackedine Pitts, deceased, the place of residence of each being unknown; Lillian Moore, whose last known place of residence is 5363 Mardale Road, Bedford, Ohio 44146, otherwise whose place of residence is unknown; Unknown Spouse of Lillian Moore, whose last known place of residence is 5363 Mardale Road, Bedford, Ohio 44146, otherwise whose place of residence is unknown; Unknown heirs, devisees, legatees, assignees, executors, administrators and legal representatives of Lillian Moore, deceased, the place of residence of each being unknown; Emma Dailey, whose last known place of residence is 5363 Mardale Road, Bedford, Ohio 44146, otherwise whose place of residence is unknown; Unknown spouse of Emma Dailey, whose last known place of residence is 5363 Mardale Road, Bedford, Ohio 44146, otherwise whose place of residence is unknown; Unknown heirs, devisees, legatees, assignees, executors, administrators and legal representatives of Emma Dailey, deceased, the place of residence of each being unknown, will take notice that on May 14, 2019, the undersigned, Felton E. Pitts, Sr., filed his complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the real property which is the subject of this action is located at 2176 East 103rd Street, Cleveland, Ohio 44106, Permanent Parcel No. 121-18-059 (the "Property"), and is more fully described as follows:

    Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being Sublot Number 64 in the William H. and Elizabeth J. Doan's Subdivision of part of Original 100 Acre Lot No. 409, formerly Newbury Township, according to the plat of said Subdivision filed for record July 25, 1883 in Volume 12 of Maps, Page 23 of Cuyahoga County Records, Cleveland, Ohio, said Sublot No. 64 being 36 and 39/100 feet front on East 103rd Street, formerly Halsey Street, and 44 feet and 95/100 feet wide in the rear, and 105 feet deep on the Southerly line, 105.35 feet deep on the Northerly line, as appears by said plat, be the same more or less, but subject to all legal highways. Also subject to zoning ordinances, if any.

    Jackie D. Pitts aka Jackedine Pitts owned an undivided one-half (1/2) interest in the Property.

    On November 8, 2017, Jackie D. Pitts aka Jackedine Pitts died intestate.

    Plaintiff is the surviving spouse of Jackie D. Pitts aka Jackedine Pitts.

    As such, one hundred percent (100%) of the undivided one-half (1/2) interest in the Property owned by Jackie D. Pitts aka Jackedine Pitts transferred to Plaintiff by virtue of a Certificate of Transfer dated February 4, 2019, and recorded April 2, 2019, as Instrument No. 201904020461 of Cuyahoga County Records.

    Plaintiff has a legal right to the Property and is an owner of the Property by virtue of the Certificate of Transfer dated February 4, 2019, and recorded April 2, 2019, as Instrument No. 201904020461, of Cuyahoga County Records; that pursuant to R.C. 5307.04, Plaintiff is entitled to an order of partition and ultimately a writ of partition; that therefore, Plaintiff is entitled to such further relief as provided for in R.C. 5307.01 et seq., including partition and sale, and receipt of an equitable distribution from the net proceeds of the sale.

    Plaintiff is a legal owner of the Property, is presently in possession of the Property and Defendants may claim an adverse interest to and against the Property; that Plaintiff's title in and to the Property should be quieted against any claim in conflict with this action; that pursuant to R.C. 5303.01 et seq. Plaintiff has no adequate remedy in law and, therefore, asks this Court to quiet title in favor of Plaintiff against Defendants declaring that (1) Plaintiff is fee simple owner of all right, title, and interest in and to the Property; (2) that Defendants do not have any right, title, or interest in or lien on the Property; and (3) that Defendants be required to set forth their interest to the Property or be forever barred from asserting same.

    This is a civil action, in part, for declaratory judgment pursuant to the provision of R.C. Chapter 2721, et seq., and Civ R. 57 wherein Plaintiff is petitioning this Court to declare that Plaintiff has a fee simple, marketable title to the Property, free and clear of any lien, claim, easement, or interest by Defendants; that a real controversy exists between Plaintiff and Defendants, to wit: the identity of the true and lawful owner of the Property; that Plaintiff seeks judgment from this Court declaring that Plaintiff has fee simple marketable title to the Property, free and clear of any lien, claim, easement, or interest by Defendants.

    Wherefore, Plaintiff prays for judgment in his favor and relief against Defendants as follows:

    A. As to Count One, a writ of partition, or if partition cannot be had, then for appraisement and sale of the Property and receipt of any equitable distribution from the net proceeds of that sale, together with reimbursement of Plaintiff's costs and expenses of this action, including reasonable attorney's fees, expenses, and the costs of the Preliminary Judicial Report, and all other relief set forth in Paragraphs 13 through 15 in the Complaint;

    B. As to Count Two, an order quieting Plaintiff's title in and to the Property against any claim or interest of Defendants in accordance with Paragraph 19 in the Complaint;

    C. As to Count Three, a declaratory judgment in accordance with Paragraph 25 in the Complaint;

    D. On all Counts, an order granting Plaintiff the costs of this action, and any other legal, equitable, or declaratory relief this Court deem appropriate.

    The defendants named above are required to answer on or before the 7th day of October, 2019.

    FELTON E. PITTS, SR.

    By Robert A. Wood, Attorney for Plaintiff.

    Aug3-10-17-24-31Sep7, 2019

About your information and the public record.

Property Details (from Cuyahoga County Auditors Office)

Owner
 
Class
Road Type
PV 
Water
MUN 
Gas
Sewer
SNS 
Electricity
Acreage
0.09400 
Land Use
PRIMARY 
Legal Depth
105.00 
Legal Frontage
36.40 
Average Depth
105 
Lot Square Ft.
4095 
Lot Shape
IRR 
Topography
LV