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Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775
OA960 - Y55
IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS, COLUMBUS, OHIO
Bank of America, NA,
Plaintiff,
vs. : CASE NO. 13 CV 775
Michelle Cuevas-Torres, et al., JUDGE McIntosh
Defendants. :
ANSWER AND CROSSCLAIM_ OF DEFENDANT
CHATTERTON COMMONS CONDOMINIUM ASSOCIATION
ANSWER
1. Defendant Chatterton Commons Condominium Association denies for lack of
knowledge the allegations contained paragraphs | through 7 of all counts the Complaint to the extent
not admitted herein.
2. Defendant states that it has an interest in the subject real estate by virtue of its lien
for common expenses filed with the Franklin County Recorder on January 9, 2012, at 12:12 p.m.,
in Instrument Number 201201090003 157, in the amount of $1,045.11, Franklin County Records,
plus interest at the rate of Eight Percent (8%) per annum, or the highest rate allowed by law, from
January 1, 2011, plus its costs, attorney fees and advances expended herein.
CROSSCLAIM_
First Cause of Action
3. Defendant Michelle Cuevas-Torres has failed to pay condominium expenses, and
there is now due and owing to Crossclaimant the sum $1,045.11, which Defendant Michelle Cuevas-
Torres is obligated to pay. Condominium common expenses have accrued since the filing of the
within lien and will continue to accrue during the pendency of this action, which amount will beFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775
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proved at the trial of this case. Crossclaimant has also expended $624.00 for attorney fees for the
collection of these assessments which are due and owing to Crossclaimant.
Second Cause of Action
4. Crossclaimant Chatterton Commons Condominium Association realleges its First
Cause of Action, and further states that it has a valid lien against the subject real estate by virtue of
its lien for common expenses filed with the Franklin County Recorder on January 9, 2012, at 12:12
p-m., in Instrument Number 201201090003 157, in the amount of $1,045.11, plus interest at the rate
of Eight Percent (8%) per annum, or the highest rate allowed by law from January 1, 2011, and
attorney fees in the amount of $624.00, advances and costs expended herein, a copy of which is
attached hereto as Exhibit A.
5. Pursuant to O.R.C. 5311.18, Crossclaimant Chatterton Commons Condominium
Association is entitled to have said lien foreclosed and the property sold according to law.
6. Said lien is prior to any other lien except for the lien of real estate taxes and
assessments and the first mortgage lien, if any, pursuant to O.R.C. 5311.18(B).
7. Defendant Michelle Cuevas-Torres are obligated to pay a reasonable rental during
the pendency of this action, and Crossclaimant Chatterton Commons Condominium Association is
entitled to the appointment of a receiver to collect said rent pursuant to O.R.C. 5311.18(B).
8. Crossclaimant further alleges that Plaintiff, and Defendants Chris Torres and the
Franklin County Treasurer may claim an interest in the real estate described in the Complaint; that
the interest which Plaintiffand any Defendants in this action may have in and to the above-described
property are subordinate to the lien of the Crossclaimant herein, except as provided by O.R.C.
5311.18(B).
WHEREFORE, Crossclaimant demands judgment against Defendant Michelle Cuevas-
Torres in the amount of $1,045.11, plus interest at the rate of Eight Percent (8%) per annum, or the
highest rate allowed by law, from January 1, 2011, plus all condominium fees that accrue during theFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775
OA960 - Y57
pendency of this action, plus its costs, attorney fees in the amount of $624.00 and advances
expended herein; that its lien be foreclosed; that the property be sold according to law; that
Crossclaimant's lien be ruled the first lien after real estate taxes and assessments and the lien of the
first mortgage, if any; that Defendant Michelle Cuevas-Torres be ordered to pay a reasonable rental
during the pendency of this action; that a receiver be appointed to collect said rent; for costs; for
interest; and for such other relief as is just and proper.
Respectfully submitted,
/s/ Charles T. Williams
Charles T. Williams (0033367)
Williams & Strohm, LLC
Attorneys at Law
2 Miranova Place, Suite 380
Columbus, Ohio 43215-7047
Phone: (614) 228-0207
FAX: (614) 228-6984
ce. williams @wslawlic. com
Attorney for Defendant Chatterton Commons
Condominium Association
CERTIFICATE OF SERVICE vip NFS
I hereby certify that a true copy of the foregoing Answer and Crossclaim of Defendant
Chatterton Commons Condominium Association was sent via U.S. Regular Mail, postage pre-paid,
to the following named individuals, on this 8" day of February, 2013:
Laura C. Infante
4500 Courthouse Blvd., Ste. 400
Stow, Ohio 44224
Martin Ginnan
373 S. High Street, 17” Fl.
Columbus, Ohio 43215
/s/ Charles T. Williams
CHARLES T. WILLIAMS (0033367)Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775
OA960 - Y58
. COATT
. ,201291990003187
Bla on EERE,
STATE OF ORLQ
COUNTY OF FRANKLIN, ss:
CHATTERTON COMMONS CONDOMINIUM ASSOCIATION, an Association
created under the provisions of Chapter $311 of the Revived Code of Ohin and incorporated se an
Obie Comporation noMor-protit under the provisions of Chaptet 1782 of the Revised Code of Ohio,
w a offices cla SHS Management LLC, 29744 Brown Park Drive, Hiard, Oho $8026 by
aon Oberlig al
ihe premises, pursuant to auihodantion given by ite Woand of Trustees, Section $311.28 of the
Revised Cade of Ohio, and the below-described Declaration says:
(3 Michelle Cuevas-Terres is the econd nwner of the following deseritud premises
situared in the Chy of Cokumbus, Franklin County, Ohio:
Being Unit No, S848, Building 8 in CHATTERTON COMMONS
CONDOMINIUM, THIRD AMENDMENT, as duseribed in the Declaration of
Condominiem Ownership and Bylaws for Chatterton Commons Condominium,
recorded in Tastrament No, 200412200286827, and the Drawings thereof recorded
in Instrument No, 2004} 2200286828; togethier with the Third Amendment thereto,
recorded in Instrument No, 2071212021 2956, and the Drawings thereof, recorded
in tostrassent No, 20071212023.2960, of the Franklin County records, together with
and undivided percentage interest in the common Areas anid Pacilities as desctibed
in Declaration as amended of record.
{2} These promises have become subject to charges of the Association for common
expenses levied pursuant to Chapter 541 { of we Revised Code of Ohio and the aforesaid Declaration
and By-lows for the 201 f fiseat year of the Agsociation.
(3) These due and unpaid charges of the 2011 fiscal year of the Association are in thy
smount of $},045, 11 through December, 201), which amount, together with interest thereon at the
vate of 8% per annua trom and after January 1, 2014, area lawful, binding claim and a continuing
Kien against these premises.Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775
OA960 - Y59
NOW, THEREFORE, CHATTERTON COMMONS CONDOMINIUM ASSOCIATION
claims a lien against these premises in the amount of $1,045.11 together with interest from and after
January 1, 2011, until paid, at the rate of 8% per annum, over and above legal setofis, which
amounts it claims are justly and truly owing to it.
Swom to before me and subscribed in my presence this
lecembur » 2011.
Notary Public
This instrument prepared by:
WILLIAMS & STROHM, LLC ‘Melissa Scheel
Attomeys at Law Notary Pubic, State of Ohio
‘Two Miranova Place, Suite 380 OF Ny Commission Expires 12-10-2013
Columbus, Ohio 43215-7047
(614) 228-0207
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775 OA960 - Y55 IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS, COLUMBUS, OHIO Bank of America, NA, Plaintiff, vs. : CASE NO. 13 CV 775 Michelle Cuevas-Torres, et al., JUDGE McIntosh Defendants. : ANSWER AND CROSSCLAIM_ OF DEFENDANT CHATTERTON COMMONS CONDOMINIUM ASSOCIATION ANSWER 1. Defendant Chatterton Commons Condominium Association denies for lack of knowledge the allegations contained paragraphs | through 7 of all counts the Complaint to the extent not admitted herein. 2. Defendant states that it has an interest in the subject real estate by virtue of its lien for common expenses filed with the Franklin County Recorder on January 9, 2012, at 12:12 p.m., in Instrument Number 201201090003 157, in the amount of $1,045.11, Franklin County Records, plus interest at the rate of Eight Percent (8%) per annum, or the highest rate allowed by law, from January 1, 2011, plus its costs, attorney fees and advances expended herein. CROSSCLAIM_ First Cause of Action 3. Defendant Michelle Cuevas-Torres has failed to pay condominium expenses, and there is now due and owing to Crossclaimant the sum $1,045.11, which Defendant Michelle Cuevas- Torres is obligated to pay. Condominium common expenses have accrued since the filing of the within lien and will continue to accrue during the pendency of this action, which amount will beFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775 OA960 - Y56 proved at the trial of this case. Crossclaimant has also expended $624.00 for attorney fees for the collection of these assessments which are due and owing to Crossclaimant. Second Cause of Action 4. Crossclaimant Chatterton Commons Condominium Association realleges its First Cause of Action, and further states that it has a valid lien against the subject real estate by virtue of its lien for common expenses filed with the Franklin County Recorder on January 9, 2012, at 12:12 p-m., in Instrument Number 201201090003 157, in the amount of $1,045.11, plus interest at the rate of Eight Percent (8%) per annum, or the highest rate allowed by law from January 1, 2011, and attorney fees in the amount of $624.00, advances and costs expended herein, a copy of which is attached hereto as Exhibit A. 5. Pursuant to O.R.C. 5311.18, Crossclaimant Chatterton Commons Condominium Association is entitled to have said lien foreclosed and the property sold according to law. 6. Said lien is prior to any other lien except for the lien of real estate taxes and assessments and the first mortgage lien, if any, pursuant to O.R.C. 5311.18(B). 7. Defendant Michelle Cuevas-Torres are obligated to pay a reasonable rental during the pendency of this action, and Crossclaimant Chatterton Commons Condominium Association is entitled to the appointment of a receiver to collect said rent pursuant to O.R.C. 5311.18(B). 8. Crossclaimant further alleges that Plaintiff, and Defendants Chris Torres and the Franklin County Treasurer may claim an interest in the real estate described in the Complaint; that the interest which Plaintiffand any Defendants in this action may have in and to the above-described property are subordinate to the lien of the Crossclaimant herein, except as provided by O.R.C. 5311.18(B). WHEREFORE, Crossclaimant demands judgment against Defendant Michelle Cuevas- Torres in the amount of $1,045.11, plus interest at the rate of Eight Percent (8%) per annum, or the highest rate allowed by law, from January 1, 2011, plus all condominium fees that accrue during theFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775 OA960 - Y57 pendency of this action, plus its costs, attorney fees in the amount of $624.00 and advances expended herein; that its lien be foreclosed; that the property be sold according to law; that Crossclaimant's lien be ruled the first lien after real estate taxes and assessments and the lien of the first mortgage, if any; that Defendant Michelle Cuevas-Torres be ordered to pay a reasonable rental during the pendency of this action; that a receiver be appointed to collect said rent; for costs; for interest; and for such other relief as is just and proper. Respectfully submitted, /s/ Charles T. Williams Charles T. Williams (0033367) Williams & Strohm, LLC Attorneys at Law 2 Miranova Place, Suite 380 Columbus, Ohio 43215-7047 Phone: (614) 228-0207 FAX: (614) 228-6984 ce. williams @wslawlic. com Attorney for Defendant Chatterton Commons Condominium Association CERTIFICATE OF SERVICE vip NFS I hereby certify that a true copy of the foregoing Answer and Crossclaim of Defendant Chatterton Commons Condominium Association was sent via U.S. Regular Mail, postage pre-paid, to the following named individuals, on this 8" day of February, 2013: Laura C. Infante 4500 Courthouse Blvd., Ste. 400 Stow, Ohio 44224 Martin Ginnan 373 S. High Street, 17” Fl. Columbus, Ohio 43215 /s/ Charles T. Williams CHARLES T. WILLIAMS (0033367)Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775 OA960 - Y58 . COATT . ,201291990003187 Bla on EERE, STATE OF ORLQ COUNTY OF FRANKLIN, ss: CHATTERTON COMMONS CONDOMINIUM ASSOCIATION, an Association created under the provisions of Chapter $311 of the Revived Code of Ohin and incorporated se an Obie Comporation noMor-protit under the provisions of Chaptet 1782 of the Revised Code of Ohio, w a offices cla SHS Management LLC, 29744 Brown Park Drive, Hiard, Oho $8026 by aon Oberlig al ihe premises, pursuant to auihodantion given by ite Woand of Trustees, Section $311.28 of the Revised Cade of Ohio, and the below-described Declaration says: (3 Michelle Cuevas-Terres is the econd nwner of the following deseritud premises situared in the Chy of Cokumbus, Franklin County, Ohio: Being Unit No, S848, Building 8 in CHATTERTON COMMONS CONDOMINIUM, THIRD AMENDMENT, as duseribed in the Declaration of Condominiem Ownership and Bylaws for Chatterton Commons Condominium, recorded in Tastrament No, 200412200286827, and the Drawings thereof recorded in Instrument No, 2004} 2200286828; togethier with the Third Amendment thereto, recorded in Instrument No, 2071212021 2956, and the Drawings thereof, recorded in tostrassent No, 20071212023.2960, of the Franklin County records, together with and undivided percentage interest in the common Areas anid Pacilities as desctibed in Declaration as amended of record. {2} These promises have become subject to charges of the Association for common expenses levied pursuant to Chapter 541 { of we Revised Code of Ohio and the aforesaid Declaration and By-lows for the 201 f fiseat year of the Agsociation. (3) These due and unpaid charges of the 2011 fiscal year of the Association are in thy smount of $},045, 11 through December, 201), which amount, together with interest thereon at the vate of 8% per annua trom and after January 1, 2014, area lawful, binding claim and a continuing Kien against these premises.Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Feb 08 3:23 PM-13CV000775 OA960 - Y59 NOW, THEREFORE, CHATTERTON COMMONS CONDOMINIUM ASSOCIATION claims a lien against these premises in the amount of $1,045.11 together with interest from and after January 1, 2011, until paid, at the rate of 8% per annum, over and above legal setofis, which amounts it claims are justly and truly owing to it. Swom to before me and subscribed in my presence this lecembur » 2011. Notary Public This instrument prepared by: WILLIAMS & STROHM, LLC ‘Melissa Scheel Attomeys at Law Notary Pubic, State of Ohio ‘Two Miranova Place, Suite 380 OF Ny Commission Expires 12-10-2013 Columbus, Ohio 43215-7047 (614) 228-0207