Answer: CV 2013 11 3162

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                                COURT OF COMMON PLEAS

 

| CIVIL DIVISION
30 Pie BUTLER COUNTY, OHIO
STEVE aoe TS fy : CASE NO. 2013-11-3162
5561 Hollyhock 41 Y
West Chester, Si 43669 : Judge
Plaintiff : ANSWER AND COUNTER
CLAIM

VS.
ROBYN GRAVES

5920 E. Woodmont Ave.
Cincinnati, Ohio 45213

Defendant

 

Comes now the Defendant Robyn Graves {hereinafier referred to as “Defendant” of
“Graves” by and through counsel and for her Answer and Counterclaim against Plaintiff Nolte
states as follows:

L. Admit.
2. Admit.

3. Admit that both Plaintiff and Defendant are owners of the described Butler County Ohio

real property.

4. Admit.
5. Admit.
6. Admit.

7. Admit that both Plaintiff and Defendant signed a mortgage to Guardian Saving Bank,
denied that Defendant took on any liability for the repayment of the Note.

8. Admit.9. Admit.

10. Admit.

Li. Admit.

12. Admit to the extent previously plead.

13. Admit.

14. Admit to the extent previously plead.

15. Admit property is not susceptible to division. Defendant states that she demands to have
the property appraised to be sold at the highest value obtainable. Denied in part to Plaintiff
taking said property.

16. | Admit to the extent previously plead

17. Denied.

18. Admit to the extent previously plead.

 

19. Denied.

AFFIRMITIVE DEFENSES
A. Failure to state a claim upon which relief may be granted.
B. Accord and satisfaction
Cc. Claimants own conduct
D. Duress

E. Fraud in the Inducement
F. Laches
G. Unclean Hands

H. Attorney Fees not PermissibleI. Offset
J. Unconscionability
K. Frustration of Purpose
L. Unjust Enrichment
M. Release
No Damages
Now as her Counterclaim against Plaintiff, Defendant states as follows:

FIRST CLAIM FOR RELIEF

 

1. Defendant hereby reiterates and incorporates by reference all admissions contained in
paragraphs | through 19 of the Plaintiff's Complaint as if fully re-written hereon.
2. Pursuant to ORC Sec. 5307.01, Defendant demands partition of the Property.

SECOND CLAIM FOR RELIEF

 

3. Defendant hereby reiterates and incorporates by reference all allegations contained in
paragraphs | through 2 of the Counterclaim as though fully re-written hereon.

4. The Property is not subject to division. Accordingly, Defendant requests that the
Property be appraised pursuant to ORC 5307.09, that the Defendant be given the opportunity to
take the Property at the appraised value and, in the absence of election, and that the Property be
sold on the open market to the highest bidder and Defendant to retain her equitable portion of the
sale proceeds.

THIRD CLAIM FOR RELIEF

 

5, Defendant hereby reiterates and incorporates by reference all allegations contained in
paragraphs 1 through 4 of the Counterclaim as though fully re-written hereon.

6. Defendant requests exclusive possession of the Property.FOURTH CLAIM FOR RELIEF

 

7. Defendant hereby reiterates and incorporates by reference all allegations contained in
paragraphs 1 through 6 of the Counterclaim as though fully re-written hereon.

8. Defendant requests an equitable apportionment of the legal fees and costs incurred in the
mater pursuant to ORC 5307.25

WHEREFORE, Defendant requests the following:

That an Order of Partition be Ordered.

The appraisal of the Real Property.

The title of the Property be awarded to Defendant.

5 9 FP PE

An equitable apportionment of the legal fees and costs of the action.

E. All additional retief that the Defendant may be granted pursuant to Statute, Law and
Equity.
or

ae

Respessity Submited, -

Te Gee
Edwin L. Vardiman, Jr. [0070574]
Attorney for Defendant Graves
7416 Jager Court

Cincinnati, Ohio 45230
513-232-1703/1707 fax
Edwin@vardimanlaw.com

CERTIFICATE OF SERVICE

     

Thereby certify that a true and accurate qaPy ‘Orgoin; WER has been served

to Counsel for the Plaintiff via US Mail this y } day 9:

Edwin L. Vardiman, Jr. (0070574]MARY_L. SWAIN

“30 PH 12: bo

 

PROVIDE SERVICE TO THIS INDIVIDUAL:

Name: Ste ew E, Ne He
Address: SS lel Idol Chee ko oe
City: Wet cM é She State: ou Zip Code: dy Sob fp

Today’s Date: st .
i
Plaintiff: Steven Wo Fe -VS- Defendant:

 

 
 
 
 

PRECIPE FOR SERVICE
COURT OF COMMON PLEAS, BUTLER COUNTY, OHIO

TYPE OF SERVICE:
Q) Ordinary Mail 2 Personal Service by Butler County Sheriff

Certified Mail OQ Foreign County Sheriff
Appointed Process Server Residence Service

THE CLERK OF COURTS IS INSTRUCTED TO SERVE THE Fi OLLOWIN' & DOCUMENTS:

Aes wer Tnaderela iN

 

 

 

 

 

REQUESTING PARTY: ed d: . A
alam ee bey

Name:

Address: ql E- a eh

City: (lp State: J zip Code:_& § 7X Phone 5 f in Qe 2-4 Fos

 

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