Attorney Ben Eberly Secures Maximum Recovery from Ohio Real Estate Recovery Fund

Troy, Ohio    In a claim emanating from a judgment against licensed real estate broker in Ohio, Attorney Eberly pursued additional remedies through the Ohio Real Estate Recovery Fund.  In limited instances, the Ohio Real Estate Recovery Fund (created under O.R.C. 4735.12)  will make payments on behalf of a licensed agents (salesperson or broker) up to $40,000 per licensee.  In March, Eberly on behalf of a client filed a complaint alleging such misconduct on behalf of a licensed agent.  The claim moved quickly and by way of Agreed Judgment Entry which reads in pertinent part, "Accordingly the parties agree that the court shall order the Superintendent to pay Plaintiff forty thousand dollars ($40,000) from the fund, which is the maximum liability of the fund."  If you have received a judgment against a licensed real estate agent in Ohio or believe you may have a claim against an agent the attorneys of Klein, Tomb & Eberly are available at 937-339-3939. 

Attorney Jeremy Tomb of Klein, Tomb and Eberly recently received the 2015 Client Distinction Award from and  The award recognizes Attorney Tomb for recognized excellence in quality of service, overall value, responsiveness and communication ability.  The Client Distinction Award is available to less than 1% of the more than 900,000 lawyers in the United States.

Attorney Tomb is currently the managing partner at Klein, Tomb and Eberly, a law firm with offices located in Troy and Vandalia.  Klein, Tomb & Eberly is a full service law firm with more than 50 years of combined experience.  The lawyers at Klein, Tomb & Eberly can be reached at 937-339-3939 and appointments are usually available within 24 hours of your call.


5th District Affirms Judgment for Klein, Tomb & Eberly in Land Fraud Case

February 18, 2015 Troy, OH - Klein, Tomb and Eberly, a law firm with offices in Troy and Vandalia, Ohio recently had a judgment in the amount of $1,206,100 affirmed by the 5th District Court of Appeals.  In a case which centered around the value of land considering both gas and oil rights of the seller, as well as mineral rights a judgment was obtained against Michael "Mick" Maag in Guernsey County for intentionally misrepresenting the value of the land, breaching his fiduciary duty.  While employed as the seller's real estate agent, he advised the Plaintiff to accept an offer to purchase the land for far below the actual value.  

Klein, Tomb and Eberly has over 50 years of combine legal experience and routinely handles matters concerning property rights and actions both on behalf of and against real estate agents concerning the sale and transfer of property.  The attorneys of Klein, Tomb & Eberly can be found online at or by calling 937-339-3939. 


Attorney Elizabeth Siwek has joined Klein, Tomb and Eberly as an "Of Counsel" attorney to increase the area of service for the firm and further increase services provided.  Attorney Siwek practices in Hamilton, Butler, Warren, Clinton, Montgomery, Greene, Miami and Champaign Counties.  She has practiced in a wide array of legal areas with a concentration on domestic relations and other family law issues.

The domestic relations practice at the firm has grown steadily over recent years.  The attorneys at Klein, Tomb & Eberly routinely appear in divorce, custody and child support hearings.  As the family law practice continues to grow Klein, Tomb and Eberly has taken cases concerning Grandparents rights, contempt issues, adoption and name change.

A small law firm with successful attorneys who strive for the best results for each and every client.  The firm is pleased to welcome Attorney Siwek.  Klein, Tomb & Eberly has over 50 years of combined legal experience and can be found online at or by calling 937-339-3939.


July 1, 2014 Troy, OH – Klein, Tomb & Eberly, a law firm with offices in Troy and Vandalia, Ohio secured a judgment of $1,206,100 against Michael “Mick” Maag in a land fraud case.  In a judgment entered in Guernsey County Common Pleas Court, the Court found Defendant Maag to have breached fiduciary duty intentionally misrepresenting the value of land in Guernsey.  The dispute centered on Mr. Maag’s representations to the Plaintiff, the land at issue (approximately 184 acres) was to be sold as pasturage while purposely withholding information regarding the gas and oil development taking place in the region preceding the sale.  While employed as the Plaintiff’s real estate agent, he advised Plaintiff to accept an offer to purchase the land far below actual value.  Klein, Tomb & Eberly on behalf of their client alleged Maag failed to disclose to the Plaintiff his relationship with the buyer, current market demand due to oil, gas and mineral sales/leases among other lesser breaches of fiduciary duties while holding himself out as an expert in land development in the region.

The attorneys at Klein, Tomb & Eberly were pleased with the outcome.  Attorney Jeremy Tomb who served as lead counsel in the litigation stated, “After lengthy litigation, we feel a sense of completeness finally securing this judgment against Mr. Maag.”  Claims against another Co-Defendant were settled prior to any adjudication.

Klein, Tomb & Eberly has over 50 years of combined years of legal experience and can be found online at or by calling 937-339-3939.  Mr. Maag has filed an appeal through his attorney Carol Jackson. 

Attorney Ben Eberly was recently named an Ohio Rising Star by Super Lawyers Magazine.  Attorney Eberly was three times named a Rising Star while practicing in Pennsylvania and the award has now followed him to Ohio, after returning to the Miami Valley to practice law.  Attorney Eberly who grew up in Piqua and graduated from Tippecanoe High School has been energized by his return to Miami County.  "It has been exciting to work at a smaller firm which has allowed time to really get to know my clients and know their stories" Eberly remarked. 

Ben proudly serves clients in a wide array of legal areas including Social Security Disability, Workers' Compensation, Personal Injury, Domestic Relations and Criminal law.  Attorney Eberly has successfully represented clients in Miami, Shelby, Darke, Montgomery, Greene, Allen, Auglaize, Mercer, Logan, Champaign and Clark Counties.  Ben is also an active participant in community affairs as member of both the Tipp City Rotary Club and Tipp Monroe Optimist Club.

Attorney Eberly is a partner at Klein, Tomb and Eberly, LLP a full service law firm with offices located in Troy and Vandalia.  Ben is available at 937-339-3939 or can be contacted through the firm's website at
A question I am asked frequently about Social Security Disability what role if any, will mental illness play in the decision?  As usual there is not one simple answer, but mental illness will be considered in all claims for Social Security Disability benefits.  Social Security has published guidelines for the consideration of mental illness which includes consideration for depression, schizophrenic and psychotic disorders, anxiety related disorders, personality disorders and other mental health diagnoses.
What will be important is not just the diagnosis but also the treatment received and how your mental health condition affects your ability to work or participate in substantial gainful activity.
With over ten years of helping individuals with their Social Security Disability claims do not hesitate to contact the attorneys of Klein, Tomb & Eberly at 937-339-3939 concerning your claim.  We have two locations in Vandalia and Troy and appointments are usually available with 24 hours of your call.
In Ohio, if you are of legal drinking age (21 years old) the legal limit is .08.  In Ohio, penalties associated with OVI escalate depending on your history (prior OVI) and your BAC at the time of the arrest.  Ohio has what is commonly referred to as a "high test" enhancer regarding an individual's BAC level at the time of the test.  Per Ohio statute, the high test is triggered by a test which is equal to or greater than .17.  Ohio also has a different penalty structure for individuals who refuse the chemical test (refusal of breathalyzer) which is a common question concerning a traffic stop, "should I take the breathalyzer?"

In Ohio, if you are under the age of 21 the legal standard is .02.  If you are under 21 and test over .08 the adult standard and penalties will apply.

If you have been arrested and charged with OVI (DUI) the experienced criminal defense team at Klein, Tomb & Eberly can help.  We have two offices located in Troy and Vandalia and routinely assist clients in Troy, Vandalia, Piqua, Sidney, Tipp City, Huber Heights and the surrounding communities.  Each county including Montgomery, Miami, Shelby, Darke, Auglaize and Clark handle OVI in their own way and it is important to be familar with those procedures.  Klein, Tomb & Eberly are available at 937-339-3939 or at  Appointments are usually available within 24 hours of your call.
If you believe that your medical condition prevents you from participating in substantial gainful activity often referred to as "SGA" by the Social Security Administration (SSA) the next logical question is how do I apply for Social Security Disability benefits?  The answer is simple, there are a number of ways to apply for Social Security benefits.  An applicant may apply by phone, online or in person at their local Social Security office.  The Social Security Adminisration recommends when you apply you be able to provide names, addresses, phone numbers or doctors, caseworkers, hospitals and/or clinics which have provided care for you.  Names and dosages of medication.  Medical records concerning your condition.  Lab and/or test results.  Work history and summary.  Your most recent tax information (tax return).  Additionally, the Social Security Administration will want information concerning your spouse, if applicable.

According to the Social Security Administration and application takes 3 to 5 months to process, but typically the waiting period is 60 to 90 days.

If you have been denied Social Security Disability benefits (SSD and/or SSI) you may benefit from contacting an attorney with Social Security experience.  Attorney Benjamin Eberly has been helping Social Security applicants obtain benefits for over 10 years.  Klein, Tomb and Eberly have two locations in Troy and Vandalia to serve Troy, Vandalia, Dayton, Piqua, Sidney, Tipp City, Huber Heights, Greenville, Springfield, Lima and surrounding communities.  Klein, Tomb & Eberly can be reached at 937-339-3939 or find them on the web at . Your first consultation concerning Social Security matters is always FREE! 

In a divorce, marital property is divided between the spouses.  The first consideration is to identify marital property, as opposed to non-marital property (which is not divided).  Marital property consists of real estate, bank accounts, pensions, household furnishings, investments and any other assets acquired during the marriage.  Marital property does not include one spouse’s inheritance, gifts to that spouse or compensation for one spouse’s injuries.  Marital debts are defined in the same way and must be divided in the divorce decree, usually without regard to differences in incomes between the parties.  The presumption is that the marital property and debt is to be divided equally but that can be adjusted.  Car loans are assigned to whichever spouse receives the car, for example.  However, it usually does not matter to the divorce court that a credit card used in the marriage was only signed by one of the spouses or that medical bills are only in the name of one of the spouses.

Often, the most complex issue is what to do about the marital residence and the mortgage loan that goes with it.  The parties or the court can decide to sell it and the consequences of sale divided equally.  Otherwise, one of the spouses can keep the house by becoming solely responsible for the mortgage debt and, if there’s any equity in the property, pay one-half of the equity to
the other spouse.

Another difficult issue is dividing pensions before they go into ‘pay-out’ status due to retirement.  The divorce court can issue a Qualified Domestic Relations Order (QDRO) binding upon the pension administrator to divide the pension (or as much of it as was earned during the marriage) in half so that each spouse is entitled, upon retirement to a portion of the pension.  If each spouse has
a pension, they can be offset and only the difference is divided in the QDRO.

Knowing these and other guidelines, helps divorcing spouses to reach a settlement sooner and avoids lengthy divorce trials.  Experienced divorce lawyers are familiar with these guidelines and assist their clients to reach a divorce settlement without a trial.

If you have questions or need representation regarding a divorce, please contact our office at 937.339.3939.  Appointments are usually available within 24 hours of your call.