ANSWER TO COMPLAINT ANSWER OF WRIGHT-PATT CREDIT UNION, INC. FILED BY Alexander Arestides April 30, 2010 (2024)

On April 23, 2010 aAnswerwas filedinvolving a dispute betweenFifth Third Mortgage Company,andCapital One Bank Usa Na,Cashland Financial Services Inc,City Of Oakwood,Cynthia L Carlson,Fifth Third Bank,Huntington National Bank,Montgomery County Treasurer,Mortgage Electronic Registration Systems Inc,Scott D. Carlson,State Of Ohio,Wright Patt Credit Union Inc,for STATE OF OHIOin the District Court of Montgomery County.

 
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 ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, April 30, 2010 2:43:45 PM CASE NUMBER: 2010 CV 03528 Docket ID: 15035426 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION Fifth Third Mortgage Company CASE NO. 2010 CV 03528 Plaintiff JUDGE HALL vs. ANSWER OF DEFENDANT Scott D. Carlson, et al. WRIGHT-PATT CREDIT UNION, INC. Defendants _______________________________________________________________ Now comes Defendant Wright-Patt Credit Union, Inc. (hereinafter “Wright-Patt”), by and through counsel, and for its Answer to Plaintiff’s Complaint, avers and pleads as follows: 1. Wright-Patt herein denies each and every allegation contained in paragraphs 1 through 4 and paragraphs 6 through 9 of Plaintiff’s Complaint therein except with respect to the allegations which are ascertainable as a matter of public record for want of knowledge, information or belief. 2. Wright-Patt admits the allegation contained in paragraph 5 of Plaintiff’s Complaint that Wright-Patt claims an interest in the premises that is the subject of Plaintiff’s Complaint, and adds that Wright-Patt obtained judgment against Defendant Scott D. Carlson on December 15, 2008, for monies owed Wright-Patt in the amount of Five Thousand Two Hundred Eighty-Five and 18/100 dollars ($5,285.18), plus interest at the rate of 8.00 percent per annum from December 15, 2008, plus costs of ($100.00), as set forth in Certificate of Judgment No. 2009 CJ 166972 filed January 26, 2009, a copy of which is attached hereto and made a part hereof and marked Exhibit “A”. 3. Wright-Patt denies each and every allegation not previously admitted in paragraph 5 of Plaintiff’s Complaint for want of knowledge, information or belief, except with respect to the allegations which are ascertainable as a matter of public record. WHEREFORE, Wright-Patt prays that its secured judgment lien, together with interest, penalties and charges be protected and preserved; upon distribution of the proceeds of any sale of the real property; that Wright-Patt, as the a secured lienholder, be given, in the priority prescribed by law, an amount sufficient to satisfy all principal due, together with interest and costs then due and unpaid. Respectfully submitted, /s/ Alexander A. Arestides______ Alexander A. Arestides (0079608) Carolyn L. Mueller (0065533) Attorneys for Defendant Wright-Patt Credit Union, Inc. Hall & Mueller, LPA 3040 Presidential Drive, Suite 222 Fairborn, Ohio 45324 (937) 912-8910 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing instrument was served upon the following by regular U.S. mail, this 30th day of April 2010. Richard J. LaCivita Mortgage Electronic Felty & Lembright Co., L.P.A. Registration Systems, Inc. 1500 West Third Street, Suite 400 3300 Southwest 34th Avenue Cleveland, Ohio 44113 Suite 101 Attorneys for Plaintiff Ocala, FL 34474 Scott D. Carlson Cashland Financial Services, Inc., fka 320 Triangle Avenue Cashland Inc. Dayton, Ohio 45419 1600 West 7th Street Forth Worth, TX 76107 Cynthia L. Carlson 320 Triangle Avenue Cashland Financial Services, fka Dayton, Ohio 45419 Cashland Inc. c/o Capital Corporate Services, Inc. S/A State of Ohio, Department of Taxation 4568 Mayfield Road, Suite 213 c/o Ohio Attorney General Cleveland, Ohio 44121 Collections Enforcement 150 East Gay St., Ste. 43215 City of Oakwood Columbus, Ohio 43215 Attn: Law Department 30 Park Avenue Fifth Third Bank Dayton, Ohio 45419 Attn: Consumer Foreclosure 5050 Kingsley Drive Huntington National Bank MD#MOC20 2361 Morse Road, NC2W22 Cincinnati, Ohio 45227 Columbus, Ohio 43229 Capital One Bank USA, N.A. Carolyn Rice, Treasurer Attn: Legal Department Montgomery County 15000 Capital One Drive 451 W. 3rd Street Richmond, VA 23238 Dayton, Ohio 45422 /s/ Alexander A. Arestides Alexander A. Arestides 3