Answer: CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH

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                                COMMON PLEAS COURT
BUTLER COUNTY, OHIO

BENEFICIAL MORTGAGE CO
OHIO

Plaintiff,

  

v. ANSWER OF THE DEFENDANT

UNITED STATES OF AMERICA
JAMES A. HENRY, et al.

Defendants.

Now comes the Defendant, United States of America, and
for its answer to the Plaintiff's Complaint states as follow:
FIRST DEFENSE

1. The Defendant admits that it has an interest in the
property set forth in Plaintiff's Complaint by virtue of a
lien(s) arising under the Internal Revenue Laws and filed for
record with the county recorder in the total assessed amount of
$23,303.56 plus interest and penalties from the dates of
assessment, as provided by law.

2. The exact amount of the balance due and owing on the
lien(s) is not available to the undersigned attorney as of this

date. Should the Court find that there are enough moniesavailable from the proceeds of the sale of the property to reach
the claim of the United States of America, the exact amount of
the monies due and owing will be furnished to the Court at that
time.

3. The United States of America has a lien(s) against the
property described in the Complaint for payment of said taxes.
Said lien(s) is entitled to priority over all liens perfected
after the notice of lien was filed, and specifically has priority
over all local taxes paid after the filing of the Notice of
Federal Tax Lien and over claims for attorney fees arising out of
this foreclosure action.

4. The Defendant is without knowledge or information
sufficient to form a belief as to the truth of the other
averments in the Plaintiff's Complaint.

SECOND DEFENSE

5. The Defendant objects to the release of any lien(s) of
the United States of America not specifically averred in the
Complaint.

6. The Defendant reserves its right to redeem as provided
in 28 U.S.C. § 2410(c).

WHEREFORE, the Defendant, United States of America, demands
that its tax liens be found to be good, valid and subsisting
liens on the subject property; that its priority, as provided by

law, be protected; that is right to redeem, as provided in 28U.S.C. § 2410(c), be preserved; and that the Court grant such
other and further relief which the Defendant may be entitled to.
Respectfully submitted,

GREGORY G. LOCKHART
Unit¢d States Attorney

       

NICHOLAS J. PANTEL 0021329
Ass¥stant U.S. Attorney

221 East Fourth St., Suite 400
Cincinnati, Ohio 45202

(513) 684-3711

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Answer of the
Defendant United States of America was mailed on January 9, 2006
to each of the known parties having an interest in these

proceedings.

    

0021329
AsSistant U.S. AttorneyU.S. Department of Justice

United States Attorney
Southern District of Ohio

 

Clerk

Court of Common Pleas
Butler County Courthouse
315 High Street, 5th Floor
Hamilton, Ohio 45011

221 East Fourth Street
Suite 400
Cincinnati, Ohio 45202

(513) 684-3711
FAX (513) 684-6972

January 9, 2006

Re: Beneficial Mortgage Company v. James Henry, et al.
Court of Common Pleas, Butler County, Ohio
Case No. CV 2005 12 3853
Dear Madam:

Enclosed please find the Answer of Defendant United States of America which we
would appreciate your filing in the above captioned case.

Thank you for your attention to this matter.

NJP:kak
Enclosure

Very truly yours,

GREGORY G. LOCKHART
States Attorney

Gl

Agistant U.S. Attorney