Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, J uly 28, 2017 8:50:29
‘ASE NUMBER: 2017 CV 02999 Docket ID: 31157673
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
U.S. Bank, National Association, :: CASE NO. 2017 CV 02999
Trustee for C-BASS 2007-SPI Trust,
Mortgage Loan Asset-Backed
Certificates, Series 2007-SPI
c/o Ocwen Loan Servicing, LLC
Plaintiff,
vs. :: ANSWER OF DEFENDANT,
MEDICAID ESTATE RECOVERY,
Unknown Heirs at Law, Devisees, 3 STATE OF OHIO
Legatees, Executors and Administrators
of Paula M. Gibson, deceased, et al.
Defendants.
Now comes the Defendant, Medicaid Estate Recovery, State of Ohio, Department of
Medicaid (the “Department”), by and through Stanley R. Evans, Special Counsel to the Ohio
Attorney General, and states that pursuant to R.C, 5162.03, it is the agency responsible for the
administration of the Ohio Medicaid Program, replacing the Ohio Department of Job and Family
Services, and for its answer to Plaintiff's Complaint in Foreclosure (“Complaint”) states the
following:
1 The Department is without knowledge or sufficient information to form a belief
as to the truth of the allegations contained in Paragraphs 1, 2, 3, 5, 6, 7, 8 and 9
of the Complaint and, for that reason, denies the same.
As to Paragraphs 4 and 10 of Plaintiff's Complaint, the Department admits it has
an interest in, and claim against, the assets within the estate of Paula M. Gibson,
a deceased Medicaid recipient (“Recipient”), as defined under R.C. 5162.21,
including the Recipient’s interest in the real property located at 4817 Webster
Street, Dayton, OH 45414, PPN E21 17207A0062 (“Property”). In connection
with the Department’s interest in the Property, the Department caused a
Certificate of Amount of Medicaid Recovery Lien to be filed in the amount of
ONE HUNDRED TEN THOUSAND EIGHTEEN AND 69/100 Dollars
($110,018.69), plus accrued interest under the provisions of R.C. 131.02 (“Lien
Certificate”), against the Recipient’s interest in the Property owned at the time of
her death as authorized and permitted under R.C. 5162.211. The Lien Certificate
was filed for record on April 11, 2016, in the Office of the Montgomery County
-l-
Recorder’ as File No. 2016-00017543. of the Montgomery County Official
Records. A copy of the Lien Certificate is attached as Exhibit “A.” The
Department, is: without ‘sufficient knowledge as to the truth of the remaining
allegations contained in1 Paragraph 4 4 of the Complaint and, for that reason, denies
the same.
The Department incorporates all of the preceding admissions and denials by
reference.
FURTHER ANSWERING, the Department states that Recipient received
Medicaid benefits during her lifetime from approximately August 12, 1998.
through Recipient’s date of death.
FURTHER ANSWERING, the Lien’ Certificate is a valid and subsisting lien
upon the Property for the amount of current indebtedness evidenced by the Lien
Certificate.
WHEREFORE, the Department demands as follows
1 That the Lien Certificate be determined to be a valid and subsisting lien upon the
Property described in the Complaint;
The amount due the Department under-the Lien Certificate be determined to be
ONE HUNDRED TEN -THOUSAND EIGHTEEN. AND 69/100 Dollars
($110,018.69), plus accrued interest, plus costs:
That the Lien Certificate of the Department be given its proper priority and that
all liens be marshaled;-and
Any and all persons who. may have, or claim to have, an interest in the Property
described in the Complaint, be required to set forth such interest in this litigation
or be forever barred from.asserting the same.
MICHAEL DEWINE
ATTO) GENERAL OF OHIO
“4
oy
cS
By Seb E Vi 3)
Elsass, Walla & Co., L.P.A.
100 South Man ue
Suite 102,.Courtview Center
P.O, Box 499
Sidney, OH 45365-0499
(937).492-6191
srevans@lawewes.com
Special Counsel to the Attorney General and
Counsel for Defendani, the Ohio
Department of Medicaid
-2-
CERTIFICATE OF SERVICE
The undersi d hereby certifies that a copy of the foregoing has been sent by ordinary
U.S. mail on this 2 ty of July, 2017, to:
Charles V. Gasior, Bsa. Michele Phipps, Esq.
Robert R. Hoose, Esq.’ Assistant Prosecuting Attorney
4500 Courthouse Blvd., Suite 400 Montgomery County Prosecutor’s Office
Stow, OH 44224 est Third Street
Attorneys for Plaintiff ayt HH 45422
‘S:\Donna\Medicaid\2017\Gibson, Paula Answer in Foreclosure Action.doc
-3-
Type: MTG
Kind: LIEN
Recorded: 04/14/2016 01:28:57 PM
Fee Amt: $0.00 Page 7 of 2
Montgomery County, OF
Willis E. Blackshear County Recorder
File# 2076-00017543
EXHIBIT
i "A’
Lv
CERTIFICATE OF AMOUNT OF MEDICAID RECOVERY
(LIEN ON REAL PROPERTY SECTION 5162.211 OHIO REVISED CODE)
STATE OF OHIO MONTGOMERY COUNTY RECORDER
DEPARTMENT OF MEDICAID DAYTON, OHIO
CLAIMANT
PAULA M. GIBSON TYPE: MEDICAID ESTATE RECOVERY
DECEDENT/MEDICAID RECIPIENT CLAIM NO.: 13345537
DOD: 05-08-15
THE AFOREMENTIONED ASSESSMENT HAS BECOME FINAL BY OPERATION OF LAW FOR THE
PURPOSES OF HAVING A LIEN FILED AGAINST THE ABOVE DECEDENT/MEDICAID RECIPIENT’S
INTEREST IN THE REAL PROPERTY AT THE TIME OF DEATH, DESCRIBED AS FOLLOWS: SEE ATTACHED
EXHIBIT “A.”
TO THE COUNTY RECORDER:
PLEASE FILE THIS LIEN/CERTIFICATE AGAINST THE ABOVE DECEDENT/MEDICAID RECIPIENT’S
INTEREST IN THE REAL PROPERTY AT THE TIME OF THE DECEDENT’S DEATH AS DEFINED IN O.R.C.
5162.21. RETURN TO THE UNDERSIGNED SPECIAL COUNSEL.
LIEN RECORDED ON: CLAIM AMOUNT IS $110,018.69, AND SUCH
FURTHER AMOUNTS AS DETERMINED BY THE
OHIO DEPARTMENT OF MEDICAID.
MoR
OR’ TGAGE RECORD
VOL. NO. PAGE: I HEREBY CERTIFY THAT PAULA M. GIBSON
WAS A MEDICAID RECIPIENT FOR WHOM
THE OHIO DEPARTMENT OF MEDICAID
PAID $110,018.69 AND THAT THIS LIEN
IS AUTHORIZED BY OHIO REVISED
Due
col ION 5162.211
“Ppt x
SWORN_TO AND SUBS! [BED BEFORE ME
THis _$/Apay OF 2016.
STANLEY R. EVA\
TO THE ATTORNE CSS
GE
AL COUNSEL
L OF OHIO
me
x
oe Donna R. Lane, Notary Public
In And For The State Of Ohio
pee My Commission Expires
April 16, 2018
%% =
oe
Cite ae a0
EXHIBIT A
TO THE CERTIFICATE OF AMOUNT OF MEDICAID RECOVERY
(LIEN ON REAL PROPERTY SECTION 5162.211 OHIO REVISED CODE)
DECEDENT/MEDICAID RECIPIENT:
PAULA M. GIBSON, DOD: 05-08-15
Legal Description
Situate in the Township of Harrison, County of Montgomery and State of Ohio, and being Lot numbered Three hundred
thirty-four (334) on the Woodland Hills Park Plat as recorded in Plat Book “P”, pages 48, 49 and 50, of the Plat Records
of Montgomery County, Ohio.
Subject to all conditions, restrictions, reservations, rights of way, legal highways and easements of record and affecting
the above described premises.
Parcel I.D. E21 17207A0062
Be
TMG
This instrument prepared by Stanley R. Evans, Esq.,
Special Counsel to the Ohio Attorney General, Michael DeWine,
100 South Main Avenue, Courtview Center, Suite 102
P.O. Box 499, Sidney, Ohio 45365
S:\Donna\Medicaid\2016\Gibson, Paula Lien.doc
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, J uly 28, 2017 8:50:29 ‘ASE NUMBER: 2017 CV 02999 Docket ID: 31157673 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO U.S. Bank, National Association, :: CASE NO. 2017 CV 02999 Trustee for C-BASS 2007-SPI Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-SPI c/o Ocwen Loan Servicing, LLC Plaintiff, vs. :: ANSWER OF DEFENDANT, MEDICAID ESTATE RECOVERY, Unknown Heirs at Law, Devisees, 3 STATE OF OHIO Legatees, Executors and Administrators of Paula M. Gibson, deceased, et al. Defendants. Now comes the Defendant, Medicaid Estate Recovery, State of Ohio, Department of Medicaid (the “Department”), by and through Stanley R. Evans, Special Counsel to the Ohio Attorney General, and states that pursuant to R.C, 5162.03, it is the agency responsible for the administration of the Ohio Medicaid Program, replacing the Ohio Department of Job and Family Services, and for its answer to Plaintiff's Complaint in Foreclosure (“Complaint”) states the following: 1 The Department is without knowledge or sufficient information to form a belief as to the truth of the allegations contained in Paragraphs 1, 2, 3, 5, 6, 7, 8 and 9 of the Complaint and, for that reason, denies the same. As to Paragraphs 4 and 10 of Plaintiff's Complaint, the Department admits it has an interest in, and claim against, the assets within the estate of Paula M. Gibson, a deceased Medicaid recipient (“Recipient”), as defined under R.C. 5162.21, including the Recipient’s interest in the real property located at 4817 Webster Street, Dayton, OH 45414, PPN E21 17207A0062 (“Property”). In connection with the Department’s interest in the Property, the Department caused a Certificate of Amount of Medicaid Recovery Lien to be filed in the amount of ONE HUNDRED TEN THOUSAND EIGHTEEN AND 69/100 Dollars ($110,018.69), plus accrued interest under the provisions of R.C. 131.02 (“Lien Certificate”), against the Recipient’s interest in the Property owned at the time of her death as authorized and permitted under R.C. 5162.211. The Lien Certificate was filed for record on April 11, 2016, in the Office of the Montgomery County -l- Recorder’ as File No. 2016-00017543. of the Montgomery County Official Records. A copy of the Lien Certificate is attached as Exhibit “A.” The Department, is: without ‘sufficient knowledge as to the truth of the remaining allegations contained in1 Paragraph 4 4 of the Complaint and, for that reason, denies the same. The Department incorporates all of the preceding admissions and denials by reference. FURTHER ANSWERING, the Department states that Recipient received Medicaid benefits during her lifetime from approximately August 12, 1998. through Recipient’s date of death. FURTHER ANSWERING, the Lien’ Certificate is a valid and subsisting lien upon the Property for the amount of current indebtedness evidenced by the Lien Certificate. WHEREFORE, the Department demands as follows 1 That the Lien Certificate be determined to be a valid and subsisting lien upon the Property described in the Complaint; The amount due the Department under-the Lien Certificate be determined to be ONE HUNDRED TEN -THOUSAND EIGHTEEN. AND 69/100 Dollars ($110,018.69), plus accrued interest, plus costs: That the Lien Certificate of the Department be given its proper priority and that all liens be marshaled;-and Any and all persons who. may have, or claim to have, an interest in the Property described in the Complaint, be required to set forth such interest in this litigation or be forever barred from.asserting the same. MICHAEL DEWINE ATTO) GENERAL OF OHIO “4 oy cS By Seb E Vi 3) Elsass, Walla & Co., L.P.A. 100 South Man ue Suite 102,.Courtview Center P.O, Box 499 Sidney, OH 45365-0499 (937).492-6191 srevans@lawewes.com Special Counsel to the Attorney General and Counsel for Defendani, the Ohio Department of Medicaid -2- CERTIFICATE OF SERVICE The undersi d hereby certifies that a copy of the foregoing has been sent by ordinary U.S. mail on this 2 ty of July, 2017, to: Charles V. Gasior, Bsa. Michele Phipps, Esq. Robert R. Hoose, Esq.’ Assistant Prosecuting Attorney 4500 Courthouse Blvd., Suite 400 Montgomery County Prosecutor’s Office Stow, OH 44224 est Third Street Attorneys for Plaintiff ayt HH 45422 ‘S:\Donna\Medicaid\2017\Gibson, Paula Answer in Foreclosure Action.doc -3- Type: MTG Kind: LIEN Recorded: 04/14/2016 01:28:57 PM Fee Amt: $0.00 Page 7 of 2 Montgomery County, OF Willis E. Blackshear County Recorder File# 2076-00017543 EXHIBIT i "A’ Lv CERTIFICATE OF AMOUNT OF MEDICAID RECOVERY (LIEN ON REAL PROPERTY SECTION 5162.211 OHIO REVISED CODE) STATE OF OHIO MONTGOMERY COUNTY RECORDER DEPARTMENT OF MEDICAID DAYTON, OHIO CLAIMANT PAULA M. GIBSON TYPE: MEDICAID ESTATE RECOVERY DECEDENT/MEDICAID RECIPIENT CLAIM NO.: 13345537 DOD: 05-08-15 THE AFOREMENTIONED ASSESSMENT HAS BECOME FINAL BY OPERATION OF LAW FOR THE PURPOSES OF HAVING A LIEN FILED AGAINST THE ABOVE DECEDENT/MEDICAID RECIPIENT’S INTEREST IN THE REAL PROPERTY AT THE TIME OF DEATH, DESCRIBED AS FOLLOWS: SEE ATTACHED EXHIBIT “A.” TO THE COUNTY RECORDER: PLEASE FILE THIS LIEN/CERTIFICATE AGAINST THE ABOVE DECEDENT/MEDICAID RECIPIENT’S INTEREST IN THE REAL PROPERTY AT THE TIME OF THE DECEDENT’S DEATH AS DEFINED IN O.R.C. 5162.21. RETURN TO THE UNDERSIGNED SPECIAL COUNSEL. LIEN RECORDED ON: CLAIM AMOUNT IS $110,018.69, AND SUCH FURTHER AMOUNTS AS DETERMINED BY THE OHIO DEPARTMENT OF MEDICAID. MoR OR’ TGAGE RECORD VOL. NO. PAGE: I HEREBY CERTIFY THAT PAULA M. GIBSON WAS A MEDICAID RECIPIENT FOR WHOM THE OHIO DEPARTMENT OF MEDICAID PAID $110,018.69 AND THAT THIS LIEN IS AUTHORIZED BY OHIO REVISED Due col ION 5162.211 “Ppt x SWORN_TO AND SUBS! [BED BEFORE ME THis _$/Apay OF 2016. STANLEY R. EVA\ TO THE ATTORNE CSS GE AL COUNSEL L OF OHIO me x oe Donna R. Lane, Notary Public In And For The State Of Ohio pee My Commission Expires April 16, 2018 %% = oe Cite ae a0 EXHIBIT A TO THE CERTIFICATE OF AMOUNT OF MEDICAID RECOVERY (LIEN ON REAL PROPERTY SECTION 5162.211 OHIO REVISED CODE) DECEDENT/MEDICAID RECIPIENT: PAULA M. GIBSON, DOD: 05-08-15 Legal Description Situate in the Township of Harrison, County of Montgomery and State of Ohio, and being Lot numbered Three hundred thirty-four (334) on the Woodland Hills Park Plat as recorded in Plat Book “P”, pages 48, 49 and 50, of the Plat Records of Montgomery County, Ohio. Subject to all conditions, restrictions, reservations, rights of way, legal highways and easements of record and affecting the above described premises. Parcel I.D. E21 17207A0062 Be TMG This instrument prepared by Stanley R. Evans, Esq., Special Counsel to the Ohio Attorney General, Michael DeWine, 100 South Main Avenue, Courtview Center, Suite 102 P.O. Box 499, Sidney, Ohio 45365 S:\Donna\Medicaid\2016\Gibson, Paula Lien.doc