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Zumbar v. Easley

Court of Appeals of Ohio, Fifth District, Stark

December 18, 2019

ALEXANDER A. ZUMBAR, STARK COUNTY TREASURER, Plaintiff - Appellee
v.
RON EASLEY, Defendant-Appellant

          Appeal from the Stark County Court of Common Pleas, Case No. 2018-CV-02146

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney Stark County, Ohio By: GERARD T. YOST Assistant Prosecuting Attorney

          For Defendant-Appellant RON EASLEY, Pro Se

          Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Defendant-appellant Ron Easley appeals from the May 30, 2019 Judgment Entry of the Stark County Court of Common Pleas granting the Motion for Summary Judgment filed by plaintiff-appellee and ordering that a Decree of Foreclosure be granted against defendant-appellant and from the trial court's June 7, 2019 Judgment Entry-Decree of Foreclosure and Sale.

         STATEMENT OF THE FACTS AND CASE

         {¶2} Appellant Ron Easley was the titled owner of real property located in Massillon, Ohio. On November 2, 2018, appellee Stark County Treasurer filed a complaint in foreclosure against appellant, alleging that there were unpaid taxes, assessments, penalties, interest and charges on the property. Appellant filed an answer to the complaint on December 4, 2018, denying the statements in the complaint for want of knowledge.

         {¶3} Appellee, on January 24, 2019, filed a Motion for Summary Judgment supported by the affidavit of Alexander A. Zumbar, the Stark County Treasurer. Zumbar, in his affidavit, stated, in relevant part, as follows:

         {¶4} That there is presently due and owing as of January 24, 2019, as delinquent real estate taxes, assessments, penalties and interests upon the above identified parcel the sum of $24, 791.22. The penalties and interest will continue to accrue throughout the case.

         {¶5} That these unpaid real estate taxes, assessments, penalties and interests constitute a good and valid lien upon all the parcels as set forth and as a consequence I am entitled to foreclosure of the real estate and judicial sale in order to satisfy said delinquent tax obligation.

         {¶6} A true record of the tax duplicate for the above identified parcel is attached hereto and incorporated herein in further support of Plaintiffs Motion for Summary Judgment.

         {¶7} Appellee, on February 4, 2019, filed a Motion for Default Judgment against all non-responding interested parties and lien holders. Pursuant to a Judgment Entry filed on February 7, 2019, default judgment was granted against all non-responding parties.

         {¶8} Appellant filed a notice of bankruptcy case filing and Motion to Stay. After the bankruptcy case was dismissed on March 8, 2019, appellee, on March 21, 2019, filed a notice of intent to proceed with the foreclosure action. Appellee filed a renewed Motion for Summary Judgment on March 27, 2019 supported again by the Treasurer's affidavit. Appellant filed a memorandum in opposition to the same on May ...


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