PLAINTIFF'S MOTION FOR FORFEITURE. April 11, 2007 (2024)

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On November 15, 2005 aMotion,Ex Partewas filedinvolving a dispute betweenSummit County Fiscal Officer,andDavis , Lydia,Estate Of Wade Davis,Unknown Spouse Of Lydia Davis,for FORFEITURE & FORECLOSUREin the District Court of Summit County.

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 IN THE COURT OF COMMON PLEASSUMMIT COUNTY, OHIO JOHN A. DONOFRIO, : Case Number: CV 2005-11-6747As Fiscal Officer,Summit County, Ohio Judge UnruhPlaintiff-Vs-MOTION FOR FORFEITURETHE ESTATE OF WADE DAVIS,et al.DefendantsPlaintiff, by and through counsel, moves this Court for an Order of Forfeiturepursuant to ORC 5721.40.The certificate parcels have been offered for sale twice pursuant to ORC5721.39.Exhibits A-1 and A-2, attached, are the Summit County Sheriff's returns verifyingthat the parcels remain unsold after two sales.Wherefore, Plaintiff requests the Court to order the parcels forfeited to tnecertificate holder, Rodney Lardell.COPYRespectfully submitted,SHERRI BEVAN WALSHSummit County ProsecutorPry Kaewi (BY US WOR a DEJAMES A. RUDGERS eTAssistant Prosecuting Attorney220 S. Balch St., Ste. 118Akron, Ohio 44302-1606(330) 643-2617Attorney for Plaintiff, John A. Donofric,Summit County Fiscal OfficerCERTIFICATE OF SERVICE| hereby certify that the foregoing Motion for Forfeiture was sent by regular U.S.mail this_IMS_ day of April, 2007, to:Rodney Lardell2063 Case StreetTwinsburg, Ohio 44087 JAMES A. RUDGERSAssistant Prosecuting Attorney#0001991swCOPYSummit County Sheriff's OfficeDelinquent Tax Sheriff's Return CASE # CV2005* 16747DELINQUENT TAXFORFEITED TO CERTIFICATE AENHDefendant; ESTATE OF WADE DAVIS, ET ALProperty Address: CASE STREETVACANT LANDTWINSBURG, OHParcel#: 6200285Buyer Info: RODNEY LARDELL(CERT. HOLDER)04/03/2007 - NO BID NO SALE TAX SALE DATE FOR 2ND SALE ON 4-3-200704/03/2007 - SALE BOOK PAGES PRINTED03/23/2007 - NO BID NO SALE TAX SALE DATE FOR 4ST SALE ON 3-20-200703/23/2007 - COPY FEES......$1.0003/23/2007 - RECORDING FEES FOR DELINQUENT TAX SALES......$52.0003/23/2007 - CLERK'S CASE COSTS......$1,185.6903/23/2007 - ADVERTISING FEE......$366.5003/23/2007 - LOT FEES FOR DELINQUENT TAX SALES......0.5003/23/2007 - TAX AMOUNT USED TO SET MINIMUM BID $1,539.3703/23/2007 - MINIMUM BID AMOUNT FOR TAX SALE $3,251.0603/23/2007 - DEED FEE......650.0003/23/2007 - SHERIFF'S RETURN FEES......$6.0003/23/2007 - LEVY FEES......$50.0040/16/2006 - ORDER OF SALE FOR TAX SALE RECEIVEDTotal Cost: $1,711.69Total Payment: $0.00And on th day of A.D. | caused to be advertised in the AKRON LEGAL NEWS (a newspayerprinted and published and of general circulation in SUMMIT COUNTY) said land and tenements tc besold at public sale AT THE DOOR OF THE COURTHOUSE, on Tuesday the 3rd day of April A.D. 2007at 10:00 O'Clock A.M. of said day. And having advertised the said lands and tenements for more thanthirty days previous to the day of sale, to wit: three consecutive weeks, on the same day of the week ineach week, and in pursuance of said notice | did on the said Tuesday the 3rd day of April A.D. 20C7, atthe time and place above mentioned, proceed to offer said lands and tenements at public sale AT THEDOOR OF THE COURT HOUSE and then and there came RODNEY LARDELL, who bid for the samethe sum of N/A; and said RODNEY LARDELL being the highest and best bidder therefore, | then andthere publicly sold and struck off said lands and tenements to N/A for said sum of $ Dollars.DREW ALEXANDERSHERIFFEXHIBIT1 AL LORI CAMPBELL—_——_——_ DEPUTY SHERIFFSHFNI12Summit County Sheriff's OfficeDelinquent Tax Sheriff's Return CASE # CV20051 16747DELINQUENT TAXFORFEITED TO CERTIFICATE :.JENHDefendant: ESTATE OF WADE DAVIS, ET ALProperty Address: CASE STREETVACANT LANDTWINSBURG, OHParcel#: 6200291Buyer Info: RODNEY LARDELL(CERT. HOLDER)04/03/2007 - NO BID NO SALE TAX SALE DATE FOR 2ND SALE ON 4-3-200704/03/2007 - SALE BOOK PAGES PRINTED03/23/2007 - TAX AMOUNT USED TO SET MINIMUM BID $3,522.5103/23/2007 - MINIMUM BID AMOUNT FOR TAX SALE $5,234.1903/23/2007 - NO BID NO SALE TAX SALE DATE FOR 1ST SALE ON 3-20-200703/23/2007 - DEED FEE......$50.0003/23/2007 - SHERIFF'S RETURN FEES......$6.0003/23/2007 - LEVY FEES......$50.0003/23/2007 - COPY FEES......$1.0003/23/2007 - CLERK'S CASE COSTS......$1,185.6803/23/2007 - ADVERTISING FEE......$366.5003/23/2007 - LOT FEES FOR DELINQUENT TAX SALES...... $0.5003/23/2007 - RECORDING FEES FOR DELINQUENT TAX SALES......$52.0010/16/2006 - ORDER OF SALE FOR TAX SALE RECEIVED Total Cost: $1,711.68Total Payment: $0.00And on th day of A.D. | caused to be advertised in the AKRON LEGAL NEWS (a newspaperprinted and published and of general circulation in SUMMIT COUNTY) said land and tenements ic besold at public sale AT THE DOOR OF THE COURTHOUSE, on Tuesday the 3rd day of April A.D. 2007at 10:00 O'Clock A.M. of said day. And having advertised the said lands and tenements for more chanthirty days previous to the day of sale, to wit: three consecutive weeks, on the same day of the week ineach week, and in pursuance of said notice | did on the said Tuesday the 3rd day of April A.D. 2067, atthe time and place above mentioned, proceed to offer said lands and tenements at public sale AT THEDOOR OF THE COURT HOUSE and then and there came RODNEY LARDELL, who bid for the samethe sum of N/A; and said RODNEY LARDELL being the highest and best bidder therefore, | then andthere publicly sold and struck off said lands and tenements to N/A for said sum of $ Dollars.DREW ALEXANDERSHERIFFA EXHIBIT| f |. oO. LORI CAMPBELL.DEPUTY SHERIF?SHFNI12

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BRENDA BURNHAM-UNRUHTrack Judge’s New Case

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Parties

DAVIS , LYDIADefendant
ESTATE OF WADE DAVISDefendant
RUDGERS, JAMESAttorney for the Plaintiff
SUMMIT COUNTY FISCAL OFFICERPlaintiff
UNKNOWN SPOUSE OF LYDIA DAVISDefendant

FAQs

What are the three types of forfeiture cases? ›

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

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What is meant by forfeiture? ›

for·fei·ture ˈfȯr-fə-ˌchu̇r. 1. : the loss of a right, money, or especially property because of one's criminal act, default, or failure or neglect to perform a duty compare waiver. 2. : something (as money or property) that is forfeited as a penalty.

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What is the rule for forfeiture? ›

In most legal agreements, there is a clause on forfeiture of assets and rights in the event of failure to perform the obligations under a contract. The legal authorities or the department of justice in each country prosecute illegal activities under various laws.

What is the action of forfeiture? ›

Forfeiture Action means any action, including investigations, hearings, and other legal proceedings, before any court, tribunal, commission, or governmental authority, agency, or instrumentality, whether domestic or foreign, that may result in seizure of any property or asset.

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What are the rules for forfeiture? ›

This rule: '… means the rule of public policy which in certain circ*mstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing. '

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What is an example of a forfeiture? ›

In law, a forfeiture is the loss of rights or goods due to not fulfilling some obligation. For example, failing to make car payments to a bank can result in the forfeiture of your car. the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc.

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What are the consequences of forfeiture? ›

Loss of Voting Power: With the forfeiture of shares in company law, the shareholder also loses their voting power in the company proportional to the forfeited shares. This can affect their influence over company decisions. Potential Financial Loss: The shareholder can also suffer a financial loss.

What is a forfeiture money Judgement? ›

What is an asset forfeiture money judgment? A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.

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What is an example of forfeiture by wrongdoing? ›

forfeiture exception arises when a defendant, on trial for a narcotics crime, kills a witness scheduled to testify in the drug trial. defendant killed the witness, the court will deem the defendant to have forfeited the confrontation right and will overrule the defendant's confrontation objection.

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What does forfeiture mean in a criminal case? ›

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.

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What type of proceeding is a civil forfeiture? ›

Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.