Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473
OD090 - C28
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Deutsche Bank National Trust Company,
Case No. 16 CV 4473
Plaintiff,
Judge C. O’Donnell
vs.
Amy K. Kaucheck, et al.,
Defendants.
ANSWER, CROSS CLAIM AND COUNTERCLAIM OF
RENAISSANCE VILLAGE HOMEOWNERS’ ASSOCIATION, INC.,
Defendant Renaissance Village Homeowners’ Association, Inc. (the “Association”),
states the following for its answer, cross claim, and counterclaim in response to the Complaint in
Foreclosure (the “Complaint”) filed by Plaintiff Deutsche Bank National Trust Company (the
“Plaintiff”)
FIRST COUNT
1. The Association denies the allegations stated in paragraph 1 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
2. The Association denies the allegations stated in paragraph 2 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
3. The Association denies the allegations stated in paragraph 3 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
SECOND COUNT
4, The Association incorporates the preceding answers as if fully rewritten. The
Association denies the allegations stated in paragraph 4 of the Complaint for lack of knowledge
or information sufficient to form a belief as to the truth of the allegations.Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473
OD090 - C29
5. The Association denies the allegations stated in paragraph 5 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
6. The Association denies the allegations stated in paragraph 6 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
7. The Association denies the allegations stated in paragraph 7 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
8. As to the allegations stated in paragraph 8 of the Complaint, the Association
admits that it has an interest in the subject premises. The Association denies the remaining
allegations stated in paragraph 8 of the Complaint for lack of knowledge or information
sufficient to form a belief as to the truth of the allegations.
9. The Association denies the allegations stated in paragraph 9 of the Complaint for
lack of knowledge or information sufficient to form a belief as to the truth of the allegations.
CROSS CLAIM AND COUNTERCLAIM
For its Cross Claim against the Defendant Amy M. Kaucheck (“Mrs. Kaucheck”) and
Siesta Properties, LLC (“Siesta”), and the other defendants herein, and for its Counterclaim
against the Plaintiff, the Association states as follows:
COUNT ONE
10. Defendant Siesta is the owner of a unit for which the Association is the
condominium association.
11. Defendant Siesta and Mrs. Kaucheck owe to the Association the unpaid portion of
common expenses chargeable against said unit.
12. The Association has a right to foreclose on the subject property to collect the
amount found owing to the association.Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473
OD090 - C30
13. The Association’s claim is a lien on the premises as a result of the Association
filing a Certificate of Lien against the premises on June 1, 2016, as Franklin County Recorder
instrument number 201606010068009, a true and accurate copy of which is attached as Exhibit
1.
14. The current amount due and unpaid for the common expenses chargeable against
said unit as of May 24, 2016, is $2,690.93 (with payments of installments for 2016 accelerated),
plus assessments coming due after that date, and interest, late fees and costs, including attorneys
fees.
15. The Association is entitled to have the premises sold in satisfaction of the
amounts owed to it.
COUNT TWO
16. The Association incorporates the prior paragraphs as if fully rewritten.
17. Defendant Mrs. Kaucheck and Siesta are required to pay the Association a
reasonable rental for the unit during the pendency of the foreclosure action, pursuant to Ohio
Revised Code § 5311.18(B)(2).
18. Defendant Mrs. Kaucheck and Siesta have failed to make the required rental
payments as due.
COUNT THREE
19. The Association incorporates the prior paragraphs as if fully rewritten.
20. Defendant Siesta is the owner of a unit for which the Association is the
condominium association.
21. Pursuant to Ohio Revised Code § 5311.18(B)(2), the Association is entitled to an
appointment of a receiver to collect rental payments for the subject unit, which rental paymentsFranklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473
oD090 - C31
collected during the pendency of this foreclosure action shall be applied first to the payment of
the portion of the common expenses chargeable to the unit during the foreclosure action.
WHEREFORE, The Association demands the following:
(A) _ As to Count One of its Cross Claim and Counterclaim, the Association demands
judgment against the Defendant Amy M. Kaucheck and Siesta Properties, LLC, in the sum of
$2,690.93, plus assessment occurring after May 24, 2016, interest, late fees and costs, including
attorneys fees;
(B) That the Association be found to have a valid lien on said premises for this
amount so owing; that the Association be granted judgment in foreclosure with the right to a
judicial sale of the Premises to satisfy the amount owed to it; and that the proceeds from the sale
of the Premises be paid to the Association in the amount so due it in accordance with its
priorities;
(C) As to Count Two of its Cross Claim, the Association demands that Amy M.
Kaucheck and Siesta Properties, LLC, be required to pay a reasonable rental payment to the
appointed receiver;
(D) As to Count Three of its Cross Claim and Counterclaim, the Association demands
that the Association be appointed as the receiver to collect the rental payments due and owing
during the pendency of the foreclosure and that rental payment collected by the receiver during
the pendency of the foreclosure be applied first to the payment of the portion of the common
expenses chargeable to the unit during the foreclosure action, with the balance to be paid in
accordance with further order of this Court; and
(E) That the Association be awarded such other relief, at law or in equity, to which
the Association is entitled.Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473
OD090 - C32
Respectfully submitted,
/s/ James A. Coutinho
Kenton L. Kuehnle (0017535)
James A. Coutinho (0082430)
Allen Kuehnle Stovall & Neuman LLP
17 South High Street, Suite 1220
Columbus, Ohio 43215
T: (614) 221-8500 FF: (614) 221-5988
kuehnle @aksnlaw.com; coutinho@aksnlaw.com
Attorney for Defendant, Renaissance Village
Homeowners’ Association, Inc.,Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473
OD090 - C33
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 8, 2016, a copy of the foregoing Answer,
Cross Claim and Counterclaim of Renaissance Village Homeowners’ Association, Inc., was
submitted to the Court electronically and served on the following registered eFiling participants,
electronically through the court's eFiling system at the email address registered with the court:
¢ Charles V. Gasior for Plaintiff
Electronic service through the Court’s eFiling system is proper pursuant to Section X(C)(1) of
the Franklin County Court of Common Pleas Sixth Amended Administrative Order regarding
Electronic Filing of Court Documents.
The foregoing was also served by ordinary U.S. Mail addressed to the following:
Remaining parties to be served via summons.
/s/ James A. Coutinho
James A. Coutinho (0082430)
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473 OD090 - C28 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Deutsche Bank National Trust Company, Case No. 16 CV 4473 Plaintiff, Judge C. O’Donnell vs. Amy K. Kaucheck, et al., Defendants. ANSWER, CROSS CLAIM AND COUNTERCLAIM OF RENAISSANCE VILLAGE HOMEOWNERS’ ASSOCIATION, INC., Defendant Renaissance Village Homeowners’ Association, Inc. (the “Association”), states the following for its answer, cross claim, and counterclaim in response to the Complaint in Foreclosure (the “Complaint”) filed by Plaintiff Deutsche Bank National Trust Company (the “Plaintiff”) FIRST COUNT 1. The Association denies the allegations stated in paragraph 1 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. 2. The Association denies the allegations stated in paragraph 2 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. 3. The Association denies the allegations stated in paragraph 3 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. SECOND COUNT 4, The Association incorporates the preceding answers as if fully rewritten. The Association denies the allegations stated in paragraph 4 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations.Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473 OD090 - C29 5. The Association denies the allegations stated in paragraph 5 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. 6. The Association denies the allegations stated in paragraph 6 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. 7. The Association denies the allegations stated in paragraph 7 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. 8. As to the allegations stated in paragraph 8 of the Complaint, the Association admits that it has an interest in the subject premises. The Association denies the remaining allegations stated in paragraph 8 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. 9. The Association denies the allegations stated in paragraph 9 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth of the allegations. CROSS CLAIM AND COUNTERCLAIM For its Cross Claim against the Defendant Amy M. Kaucheck (“Mrs. Kaucheck”) and Siesta Properties, LLC (“Siesta”), and the other defendants herein, and for its Counterclaim against the Plaintiff, the Association states as follows: COUNT ONE 10. Defendant Siesta is the owner of a unit for which the Association is the condominium association. 11. Defendant Siesta and Mrs. Kaucheck owe to the Association the unpaid portion of common expenses chargeable against said unit. 12. The Association has a right to foreclose on the subject property to collect the amount found owing to the association.Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473 OD090 - C30 13. The Association’s claim is a lien on the premises as a result of the Association filing a Certificate of Lien against the premises on June 1, 2016, as Franklin County Recorder instrument number 201606010068009, a true and accurate copy of which is attached as Exhibit 1. 14. The current amount due and unpaid for the common expenses chargeable against said unit as of May 24, 2016, is $2,690.93 (with payments of installments for 2016 accelerated), plus assessments coming due after that date, and interest, late fees and costs, including attorneys fees. 15. The Association is entitled to have the premises sold in satisfaction of the amounts owed to it. COUNT TWO 16. The Association incorporates the prior paragraphs as if fully rewritten. 17. Defendant Mrs. Kaucheck and Siesta are required to pay the Association a reasonable rental for the unit during the pendency of the foreclosure action, pursuant to Ohio Revised Code § 5311.18(B)(2). 18. Defendant Mrs. Kaucheck and Siesta have failed to make the required rental payments as due. COUNT THREE 19. The Association incorporates the prior paragraphs as if fully rewritten. 20. Defendant Siesta is the owner of a unit for which the Association is the condominium association. 21. Pursuant to Ohio Revised Code § 5311.18(B)(2), the Association is entitled to an appointment of a receiver to collect rental payments for the subject unit, which rental paymentsFranklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473 oD090 - C31 collected during the pendency of this foreclosure action shall be applied first to the payment of the portion of the common expenses chargeable to the unit during the foreclosure action. WHEREFORE, The Association demands the following: (A) _ As to Count One of its Cross Claim and Counterclaim, the Association demands judgment against the Defendant Amy M. Kaucheck and Siesta Properties, LLC, in the sum of $2,690.93, plus assessment occurring after May 24, 2016, interest, late fees and costs, including attorneys fees; (B) That the Association be found to have a valid lien on said premises for this amount so owing; that the Association be granted judgment in foreclosure with the right to a judicial sale of the Premises to satisfy the amount owed to it; and that the proceeds from the sale of the Premises be paid to the Association in the amount so due it in accordance with its priorities; (C) As to Count Two of its Cross Claim, the Association demands that Amy M. Kaucheck and Siesta Properties, LLC, be required to pay a reasonable rental payment to the appointed receiver; (D) As to Count Three of its Cross Claim and Counterclaim, the Association demands that the Association be appointed as the receiver to collect the rental payments due and owing during the pendency of the foreclosure and that rental payment collected by the receiver during the pendency of the foreclosure be applied first to the payment of the portion of the common expenses chargeable to the unit during the foreclosure action, with the balance to be paid in accordance with further order of this Court; and (E) That the Association be awarded such other relief, at law or in equity, to which the Association is entitled.Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473 OD090 - C32 Respectfully submitted, /s/ James A. Coutinho Kenton L. Kuehnle (0017535) James A. Coutinho (0082430) Allen Kuehnle Stovall & Neuman LLP 17 South High Street, Suite 1220 Columbus, Ohio 43215 T: (614) 221-8500 FF: (614) 221-5988 kuehnle @aksnlaw.com; coutinho@aksnlaw.com Attorney for Defendant, Renaissance Village Homeowners’ Association, Inc.,Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Jun 08 4:19 PM-16CV004473 OD090 - C33 CERTIFICATE OF SERVICE The undersigned hereby certifies that on June 8, 2016, a copy of the foregoing Answer, Cross Claim and Counterclaim of Renaissance Village Homeowners’ Association, Inc., was submitted to the Court electronically and served on the following registered eFiling participants, electronically through the court's eFiling system at the email address registered with the court: ¢ Charles V. Gasior for Plaintiff Electronic service through the Court’s eFiling system is proper pursuant to Section X(C)(1) of the Franklin County Court of Common Pleas Sixth Amended Administrative Order regarding Electronic Filing of Court Documents. The foregoing was also served by ordinary U.S. Mail addressed to the following: Remaining parties to be served via summons. /s/ James A. Coutinho James A. Coutinho (0082430)