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PAVAN PARIKH
HAMILTON COUNTY CLERK OF COURTS
COMMON PLEAS DIVISION
ELECTRONICALLY FILED
August 9, 2023 01:46 PM
PAVAN PARIKH
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1355264
TREASURER HAMILTON A 2303371
COUNTY OHIO
vs.
CMS WEST PROPERTIES LLC
FILING TYPE: INITIAL FILING (FORECLOSURE-IN COUNTY)
PAGES FILED: 4
EFR200
E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / |
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
TREASURER
HAMILTON COUNTY, OHIO
Plaintiff
COMPLAINT
vs.
176-0021-0050
CMS WEST PROPERTIES, LLC., an Ohio
Limited Liability Company
5185 Ralph Avenue
Cincinnati, Ohio 45238
STATE OF OHIO,
TAX COMMISSION
c/o Attorney General
Collections Enforcement Agency
150 E. Gay Street, 21" Floor
Columbus, Ohio 43215-3130
UNITED STATES OF AMERICA
c/o Attorney General of
The United States
Washington, D.C. 20530
UNITED STATES OF AMERICA
INTERNAL REVENUE SERVICE
c/o U.S. Attorney
221 E. Fourth Street, Suite 400
Cincinnati, Ohio 45202-3988
Defendants
1 Now comes the Plaintiff, Jill Schiller, and states that she is the duly elected and
qualified County Treasurer of Hamilton County, Ohio.
2 Plaintiff states that the parcel[s] of land have been certified as delinquent and filed
with the Prosecuting Attorney as required by law, and that the sum of Seven Thousand Twenty-
Eight and 40/100 Dollars ($7,028.40) together with the accrued taxes, assessments, penalties and
interest, payable subsequent to certification, including title examination fee and court costs, are
due and unpaid, and are first and prior lien against the property.
3, Defendant, CMS West Properties, LLC., an Ohio Limited Liability Company,
currently holds title to said real property by virtue of a deed recorded on March 4, 2016 at
Official Record Book 13116, page 1410 of the deed records of Hamilton County, Ohio. A copy
of the legal description is attached hereto and marked Exhibit “A”.
E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / |
4 The Plaintiff states that said land[s] are situated in Hamilton County and are
described as follows:
Plat Book 176, page 0021, parcel 0050
Street Address: 535 Woodlawn Avenue
Property Description: 176 0021 0050
535 WOODLAWN AVE 50 X 140 IRR LOT 132
ELBERTON LAND CO SUB
5 Plaintiff further states that the following named Defendant has or claims to have
some interest in or lien upon said premises, to wit:
State of Ohio, Tax Commission claims an interest in the herein described real
estate by virtue of a Certified Judgment against Christopher M. Scheper dated
02/19/16, in the amount of $34,790.67, and recorded in Certified Judgment Book
16, page 002973, Hamilton County, Ohio Records.
State of Ohio, Tax Commission claims an interest in the herein described real
estate by virtue of a Certified Judgment against Christopher M. Scheper dated
02/1/08, in the amount of $28,651.33, and recorded in Certified Judgment Book
20, page 026209, Hamilton County, Ohio Records.
State of Ohio, Tax Commission claims an interest in the herein described real
estate by virtue of a Certified Judgment against Christopher M. Scheper dated
04/24/12, in the amount of $5,776.91, and recorded in Certified Judgment Book
22, page 018116, Hamilton County, Ohio Records.
United States of America, Internal Revenue Service claims an interest in the
herein described real estate by virtue of a Lien against Christopher M. Scheper
dated 10/12/15, in the amount of $17,396.50, and recorded in Official Record
Book 13015, page 00723, Hamilton County, Ohio Records.
United States of America, Internal Revenue Service claims an interest in the
herein described real estate by virtue of a Lien against Christopher M. Scheper
dated 11/09/15, in the amount of $10,637.54, and recorded in Official Record
Book 13038, page 01149, Hamilton County, Ohio Records.
United States of America, Internal Revenue Service claims an interest in the
herein described real estate by virtue of a Lien against CMS West Properties LLC.
as Nominee of Christopher M. Scheper dated 07/29/16, in the amount of
$60,060.26, and recorded in Official Record Book 13219, page 01830, Hamilton
County, Ohio Records.
E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / |
but Plaintiff, not being fully advised as to the extent, if any, of such liens or claims, says that the
same, if any, are inferior and subject to the lien of your petitioner, and prays that said defendant
be required to set forth their liens or claims, or be forever barred from asserting same against the
within described premises.
WHEREFORE, this Plaintiff prays that she be found to have a good and valid first lien
on the within described premises, in the sum of Seven Thousand Twenty-Eight and 40/100
Dollars ($7,028.40) and accrued taxes, assessments, penalties and interest payable subsequent to
certification; plus title examination fee and court costs; that Defendant be required to answer,
setting up their interest, if any, in said premises or be forever barred from asserting same; that
unless the amount found due this Plaintiff be paid within a reasonable time to be named by the
Court, the equity of redemption shall be foreclosed and an order of sale issued to the Sheriff
directing said Sheriff to sell said premises as upon execution, as provided by law; and for such
other and further relief as in law and equity this petitioner may be entitled.
MELISSA A. POWERS
PROSECUTING ATTORNEY
HAMILTON COUNTY, OHIO
Z Garrison, 0090563P
Assistant Prosecuting Attorney
Hamilton County
230 East Ninth Street, Suite 4000
Cincinnati, OH 45202
(513) 946-3191
Fax: (513) 946-3018
Zachary.Garrison@hepros.org
ATTORNEYS FOR PLAINTIFF
E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / |
13116 01411
EXHIBIT A
Situated in the City of Cincinnati County of Hamilton and State of Ohio:
Situated in Section 36, Township4, Fractional Range 1, of the Miami
Purchase, in Cincinnati, Hamilton County, Ohio and described as follows:
That certain lot No. 132 in the Subdivision of lands as made by the Elberon
Land Company, a Plat of which is recorded in Plat Book 14, Page 24,
Recorder’s Office, Hamilton County, Ohio. Said fronting Fifty (50) feet on
the West side of Woodlawn Avenue and extending back Westwardly
between parallel lines, One Hundred and Forty (140) feet. Be the same
more or less, but subject to all legal highways.
Parcel No. 176-0021-0050-00
535 Woodlawn Ave.
Description cepted
Auditor,
E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / |
Preview
i GE PF SOy 2 e Or cou PAVAN PARIKH HAMILTON COUNTY CLERK OF COURTS COMMON PLEAS DIVISION ELECTRONICALLY FILED August 9, 2023 01:46 PM PAVAN PARIKH Clerk of Courts Hamilton County, Ohio CONFIRMATION 1355264 TREASURER HAMILTON A 2303371 COUNTY OHIO vs. CMS WEST PROPERTIES LLC FILING TYPE: INITIAL FILING (FORECLOSURE-IN COUNTY) PAGES FILED: 4 EFR200 E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / | IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO TREASURER HAMILTON COUNTY, OHIO Plaintiff COMPLAINT vs. 176-0021-0050 CMS WEST PROPERTIES, LLC., an Ohio Limited Liability Company 5185 Ralph Avenue Cincinnati, Ohio 45238 STATE OF OHIO, TAX COMMISSION c/o Attorney General Collections Enforcement Agency 150 E. Gay Street, 21" Floor Columbus, Ohio 43215-3130 UNITED STATES OF AMERICA c/o Attorney General of The United States Washington, D.C. 20530 UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE c/o U.S. Attorney 221 E. Fourth Street, Suite 400 Cincinnati, Ohio 45202-3988 Defendants 1 Now comes the Plaintiff, Jill Schiller, and states that she is the duly elected and qualified County Treasurer of Hamilton County, Ohio. 2 Plaintiff states that the parcel[s] of land have been certified as delinquent and filed with the Prosecuting Attorney as required by law, and that the sum of Seven Thousand Twenty- Eight and 40/100 Dollars ($7,028.40) together with the accrued taxes, assessments, penalties and interest, payable subsequent to certification, including title examination fee and court costs, are due and unpaid, and are first and prior lien against the property. 3, Defendant, CMS West Properties, LLC., an Ohio Limited Liability Company, currently holds title to said real property by virtue of a deed recorded on March 4, 2016 at Official Record Book 13116, page 1410 of the deed records of Hamilton County, Ohio. A copy of the legal description is attached hereto and marked Exhibit “A”. E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / | 4 The Plaintiff states that said land[s] are situated in Hamilton County and are described as follows: Plat Book 176, page 0021, parcel 0050 Street Address: 535 Woodlawn Avenue Property Description: 176 0021 0050 535 WOODLAWN AVE 50 X 140 IRR LOT 132 ELBERTON LAND CO SUB 5 Plaintiff further states that the following named Defendant has or claims to have some interest in or lien upon said premises, to wit: State of Ohio, Tax Commission claims an interest in the herein described real estate by virtue of a Certified Judgment against Christopher M. Scheper dated 02/19/16, in the amount of $34,790.67, and recorded in Certified Judgment Book 16, page 002973, Hamilton County, Ohio Records. State of Ohio, Tax Commission claims an interest in the herein described real estate by virtue of a Certified Judgment against Christopher M. Scheper dated 02/1/08, in the amount of $28,651.33, and recorded in Certified Judgment Book 20, page 026209, Hamilton County, Ohio Records. State of Ohio, Tax Commission claims an interest in the herein described real estate by virtue of a Certified Judgment against Christopher M. Scheper dated 04/24/12, in the amount of $5,776.91, and recorded in Certified Judgment Book 22, page 018116, Hamilton County, Ohio Records. United States of America, Internal Revenue Service claims an interest in the herein described real estate by virtue of a Lien against Christopher M. Scheper dated 10/12/15, in the amount of $17,396.50, and recorded in Official Record Book 13015, page 00723, Hamilton County, Ohio Records. United States of America, Internal Revenue Service claims an interest in the herein described real estate by virtue of a Lien against Christopher M. Scheper dated 11/09/15, in the amount of $10,637.54, and recorded in Official Record Book 13038, page 01149, Hamilton County, Ohio Records. United States of America, Internal Revenue Service claims an interest in the herein described real estate by virtue of a Lien against CMS West Properties LLC. as Nominee of Christopher M. Scheper dated 07/29/16, in the amount of $60,060.26, and recorded in Official Record Book 13219, page 01830, Hamilton County, Ohio Records. E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / | but Plaintiff, not being fully advised as to the extent, if any, of such liens or claims, says that the same, if any, are inferior and subject to the lien of your petitioner, and prays that said defendant be required to set forth their liens or claims, or be forever barred from asserting same against the within described premises. WHEREFORE, this Plaintiff prays that she be found to have a good and valid first lien on the within described premises, in the sum of Seven Thousand Twenty-Eight and 40/100 Dollars ($7,028.40) and accrued taxes, assessments, penalties and interest payable subsequent to certification; plus title examination fee and court costs; that Defendant be required to answer, setting up their interest, if any, in said premises or be forever barred from asserting same; that unless the amount found due this Plaintiff be paid within a reasonable time to be named by the Court, the equity of redemption shall be foreclosed and an order of sale issued to the Sheriff directing said Sheriff to sell said premises as upon execution, as provided by law; and for such other and further relief as in law and equity this petitioner may be entitled. MELISSA A. POWERS PROSECUTING ATTORNEY HAMILTON COUNTY, OHIO Z Garrison, 0090563P Assistant Prosecuting Attorney Hamilton County 230 East Ninth Street, Suite 4000 Cincinnati, OH 45202 (513) 946-3191 Fax: (513) 946-3018 Zachary.Garrison@hepros.org ATTORNEYS FOR PLAINTIFF E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / | 13116 01411 EXHIBIT A Situated in the City of Cincinnati County of Hamilton and State of Ohio: Situated in Section 36, Township4, Fractional Range 1, of the Miami Purchase, in Cincinnati, Hamilton County, Ohio and described as follows: That certain lot No. 132 in the Subdivision of lands as made by the Elberon Land Company, a Plat of which is recorded in Plat Book 14, Page 24, Recorder’s Office, Hamilton County, Ohio. Said fronting Fifty (50) feet on the West side of Woodlawn Avenue and extending back Westwardly between parallel lines, One Hundred and Forty (140) feet. Be the same more or less, but subject to all legal highways. Parcel No. 176-0021-0050-00 535 Woodlawn Ave. Description cepted Auditor, E-FILED 08/09/2023 1:46 PM / CONFIRMATION 1355264 / A 2303371 / MAGISTRATE BERIDON / COMMON PLEAS DIVISION / |