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Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
EDUCATIONAL SERVICE CENTER OF
LAKE ERIE WEST,
CASE No. 13CV007819
PETITIONER,
vs. : JUDGE HOLBROOK
SHARON MOORMAN, FT AL.,
RESPONDENTS.
ANSWER OF RESPONDENT SINCLAIR COMMUNITY COLLEGE
Respondent Sinclair Community College (“Sinclair”), by and through counsel,
respectfully submits this Answer to the Petition for Liquidation of Petitioner Educational Service
Center of Lake Erie West. Paragraph by paragraph, Sinclair responds as follows:
1-26. Sinclair is without sufficient information or knowledge to form a belief as to the
truth of Paragraphs 1 through 26 and therefore denies the same.
27. Sinclair admits that it operates the Sinclair Conference Center, located at 444
West Third Street, Dayton, Ohio 45402, but denies it is a creditor of TechCon Institute or is
otherwise owed compensation by it. Except as explicitly admitted herein, Sinclair denies the
allegations in Paragraph 27.
28-33. Sinclair is without sufficient information or knowledge to form a belief as to the
truth of Paragraphs 28 through 33 and therefore denies the same.
34. Sinclair denies Respondent owes it the amount set forth in subpart P of Paragraph
34. Sinclair is without sufficient information or knowledge to form a belief as to the truth of the
remaining averments in Paragraph 34 and therefore denies the same.Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819
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35. Sinclair states that the proposed distribution and liquidation attached as Exhibit B
speaks for itself. Sinclair is without sufficient information or knowledge to form a belief as to
the truth of the remaining averments in Paragraph 35 and therefore denies the same.
36. Sinclair states that Ohio Revised Code Section 3314.074(A) speaks for itself. To
the extent that a response is required, Sinclair denies any allegations made in Paragraph 36.
37. Sinclair states that the affidavit attached as Exhibit C speaks for itself. Sinclair is
without sufficient information or knowledge to form a belief as to the truth of the remaining
averments in Paragraph 37 and therefore denies the same.
38. Paragraph 38 states legal conclusions to which no response is required. To the
extent that a response is required, Sinclair is without sufficient information or knowledge to form
a belief as to the truth of Paragraph 38 and therefore denies the same.
39. Sinclair states that Ohio Revised Code Section 3314.074(C) speaks for itself. To
the extent that a response is required, Sinclair denies any allegations made in Paragraph 39.
WHEREFORE, having fully answered Petitioner’s averments, Respondent
Sinclair Community College requests that this Court dismiss with prejudice as to it the Petition
of Petitioner Educational Service Center of Lake Erie West at Petitioner’s cost.Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819
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Respectfully Submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
/s/ Lindsay M. Sestile
LINDSAY M. SESTILE (0075618)
Assistant Attorney General
Office of the Ohio Attorney General
Education Section
30 East Broad Street, 16th Floor
Columbus, Ohio 43215-3400
Telephone: (614) 644-7250
Facsimile: (614) 644-7634
Email: lindsay.sestile @ ohioattorneygeneral.gov
Counsel for Respondent,
Sinclair Community CollegeFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819
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CERTIFICATE OF SERVICE
Thereby certify that a copy of the foregoing Answer of Respondent Sinclair Community
College has been served via the Court’s electronic filing system upon counsel for Petitioner and
counsel for Respondents Ohio State Auditor, Ohio State Teachers Retirement System, Ohio State
Department of Job and Family Services, the Ohio Department of Education, and Sharon
Moorman. I further certify that the foregoing has been served by ordinary U.S. mail, postage
prepaid, this 17" day of September, 2013 upon the following:
Benita Fisher-Robinson.
531 N. Belmonte Park, Apt. 903
Dayton, OH 45405
Cintas Fas Lockbox
Attn: CSC Lawyers Incorporating Service
50 W. Broad Street, Suite 1800
Columbus, OH 43215
Dayton Power and Light Company
Attn: Timothy Rice
1064 Woodman Drive
Dayton, OH 45432
Donnellon McCarthy, Inc.
Attn: Ronald Melson
4141 Turrill Street
Cincinnati, OH 45223
Federal Program Consulting, Inc.
421 Canal Street, Suite 201
New Smyrna Beach, FL 32168
Harold Fannin
5405 Germantown Pk.
Dayton, OH 45417
James Jackson
233 W. Hillcrest Avenue
Dayton, OH 45405Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819
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Jeremie L. Hittle
2120 State Route 49
Arcanum, OH 45304
Linda Maddox
1049 Charleston Boulevard
Dayton, OH 45407
Ohio Casualty Corporation
50 W. Broad Street, Suite 1800
Columbus, OH 43215
Secure Check, Inc. Dayton
1223 Willmington Avenue
Dayton, OH 45420
Tracy Jarvis
254 Northridge
Oxford, OH 45056
Vectren Energy Delivery of Ohio, Inc.
Ct. Corporation System
1300 East Ninth Street
Cleveland, OH 44114
Yellow Book Inc.
398 EAB Plaza
Uniondale, NY 11556
/s/ Lindsay M. Sestile
LINDSAY M. SESTILE
Assistant Attorney General
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819 0B376 - V52 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO EDUCATIONAL SERVICE CENTER OF LAKE ERIE WEST, CASE No. 13CV007819 PETITIONER, vs. : JUDGE HOLBROOK SHARON MOORMAN, FT AL., RESPONDENTS. ANSWER OF RESPONDENT SINCLAIR COMMUNITY COLLEGE Respondent Sinclair Community College (“Sinclair”), by and through counsel, respectfully submits this Answer to the Petition for Liquidation of Petitioner Educational Service Center of Lake Erie West. Paragraph by paragraph, Sinclair responds as follows: 1-26. Sinclair is without sufficient information or knowledge to form a belief as to the truth of Paragraphs 1 through 26 and therefore denies the same. 27. Sinclair admits that it operates the Sinclair Conference Center, located at 444 West Third Street, Dayton, Ohio 45402, but denies it is a creditor of TechCon Institute or is otherwise owed compensation by it. Except as explicitly admitted herein, Sinclair denies the allegations in Paragraph 27. 28-33. Sinclair is without sufficient information or knowledge to form a belief as to the truth of Paragraphs 28 through 33 and therefore denies the same. 34. Sinclair denies Respondent owes it the amount set forth in subpart P of Paragraph 34. Sinclair is without sufficient information or knowledge to form a belief as to the truth of the remaining averments in Paragraph 34 and therefore denies the same.Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819 0B376 - V53 35. Sinclair states that the proposed distribution and liquidation attached as Exhibit B speaks for itself. Sinclair is without sufficient information or knowledge to form a belief as to the truth of the remaining averments in Paragraph 35 and therefore denies the same. 36. Sinclair states that Ohio Revised Code Section 3314.074(A) speaks for itself. To the extent that a response is required, Sinclair denies any allegations made in Paragraph 36. 37. Sinclair states that the affidavit attached as Exhibit C speaks for itself. Sinclair is without sufficient information or knowledge to form a belief as to the truth of the remaining averments in Paragraph 37 and therefore denies the same. 38. Paragraph 38 states legal conclusions to which no response is required. To the extent that a response is required, Sinclair is without sufficient information or knowledge to form a belief as to the truth of Paragraph 38 and therefore denies the same. 39. Sinclair states that Ohio Revised Code Section 3314.074(C) speaks for itself. To the extent that a response is required, Sinclair denies any allegations made in Paragraph 39. WHEREFORE, having fully answered Petitioner’s averments, Respondent Sinclair Community College requests that this Court dismiss with prejudice as to it the Petition of Petitioner Educational Service Center of Lake Erie West at Petitioner’s cost.Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819 0B376 - vV54 Respectfully Submitted, MICHAEL DEWINE (0009181) Ohio Attorney General /s/ Lindsay M. Sestile LINDSAY M. SESTILE (0075618) Assistant Attorney General Office of the Ohio Attorney General Education Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215-3400 Telephone: (614) 644-7250 Facsimile: (614) 644-7634 Email: lindsay.sestile @ ohioattorneygeneral.gov Counsel for Respondent, Sinclair Community CollegeFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819 0B376 - V55 CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing Answer of Respondent Sinclair Community College has been served via the Court’s electronic filing system upon counsel for Petitioner and counsel for Respondents Ohio State Auditor, Ohio State Teachers Retirement System, Ohio State Department of Job and Family Services, the Ohio Department of Education, and Sharon Moorman. I further certify that the foregoing has been served by ordinary U.S. mail, postage prepaid, this 17" day of September, 2013 upon the following: Benita Fisher-Robinson. 531 N. Belmonte Park, Apt. 903 Dayton, OH 45405 Cintas Fas Lockbox Attn: CSC Lawyers Incorporating Service 50 W. Broad Street, Suite 1800 Columbus, OH 43215 Dayton Power and Light Company Attn: Timothy Rice 1064 Woodman Drive Dayton, OH 45432 Donnellon McCarthy, Inc. Attn: Ronald Melson 4141 Turrill Street Cincinnati, OH 45223 Federal Program Consulting, Inc. 421 Canal Street, Suite 201 New Smyrna Beach, FL 32168 Harold Fannin 5405 Germantown Pk. Dayton, OH 45417 James Jackson 233 W. Hillcrest Avenue Dayton, OH 45405Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Sep 17 1:04 PM-13CV007819 0B376 - V56 Jeremie L. Hittle 2120 State Route 49 Arcanum, OH 45304 Linda Maddox 1049 Charleston Boulevard Dayton, OH 45407 Ohio Casualty Corporation 50 W. Broad Street, Suite 1800 Columbus, OH 43215 Secure Check, Inc. Dayton 1223 Willmington Avenue Dayton, OH 45420 Tracy Jarvis 254 Northridge Oxford, OH 45056 Vectren Energy Delivery of Ohio, Inc. Ct. Corporation System 1300 East Ninth Street Cleveland, OH 44114 Yellow Book Inc. 398 EAB Plaza Uniondale, NY 11556 /s/ Lindsay M. Sestile LINDSAY M. SESTILE Assistant Attorney General