ELECTRONICALLY FILED

COURT OF COMMON PLEAS

Friday, December 3, 2021 11:59:44 AM
CASE NUMBER: 2021 CV 04172 Docket ID: 35931719
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

GENERAL DIVISION

HOUSING & COMMUNITY : Case No. 2021 CV 04172

DEVELOPMENT CORP.
: Judge Michael W. Krumholtz
Plaintiff,
: Parcel No.: G27 01703 0127
v.
:
GERMANTOWN PIKE INVESTMENT
PROPERTIES, LLC, et al., :

Defendants. :

DECISION, ENTRY, AND ORDER APPOINTING MATTHEW BRUN

AS RECEIVER OF THE REAL PROPERTY AT
5335 GERMANTOWN PIKE, JEFFERSON TOWNSHIP, MONTGOMERY COUNTY, OHIO

This matter is before the Court on Plaintiff Housing & Community Development Corporation’s

(“HCDC’s”) motion to appoint Matthew Brun as receiver for the purpose of carrying into effect this

Court’s November 18, 2021 order regarding the nuisance conditions at 5335 Germantown Pike,

Jefferson Township, Montgomery County, Ohio, Parcel ID(s): G27 01703 0127 (“the Property”).

The record shows that all defendants have been served, but only that Defendant Montgomery

County Treasurer (“the Treasurer”) timely filed an answer. On November 18, 2021, this Court entered

judgment in favor of HCDC and ordered Defendant Germantown Pike Investment Properties, LLC

(“the Owner”) to abate the nuisance and remove its personal property within fourteen (14) days.

HCDC has submitted the affidavit of Matthew Brun in support of its motion. In it, Mr. Brun

attests that he has personal knowledge of the Property’s condition before and after this Court’s order and

that, upon inspection, the Property’s nuisance conditions have not been abated and personal property at
the Property has not been removed. Based on this testimony, the Court concludes that the Owner has

failed to comply with its November 18, 2021 order (“the Abatement Order”).

Pursuant to the Abatement Order, the Owner had notice that a receiver may be appointed to carry

it into effect. Mr. Brun’s affidavit attests to facts sufficient to warrant his appointment as a receiver for

the purpose of abating the nuisance conditions at the Property and removing all personal property from

the same. This Court therefore finds sufficient cause to appoint Matthew Brun as receiver over the

Property for the purpose of carrying out the Abatement Order.

The record demonstrates that all parties with an interest in the Property, save for the Treasurer,

are in default and have had default judgment entered against them. The record also demonstrates that the

Treasurer’s interest is limited to the real property taxes due and owing for the Property. For these

reasons, the Court finds that all parties with a cognizable objection to the appointment of a receiver,

particularly the Owner, have abandoned the Property by virtue of their default, and that a hearing on

HCDC’s motion is unnecessary.

For the above reasons, this Court HEREBY ORDERS that the real property at 5335

Germantown Pike, Jefferson Township, Montgomery County, Ohio be placed into receivership and

that Matthew Brun shall be receiver over the same for the purpose of carrying out the Abatement

Order, subject to further orders and direction of this Court. Mr. Brun’s appointment is contingent on

the filing of a receiver’s oath, pursuant to R.C. 2735.03. Pursuant to the reasons stated in HCDC’s

motion, Mr. Brun is not required to furnish a bond.

The Court grants Mr. Brun with the following powers to carry out the Abatement Order:

(1) Mr. Brun, or his agents and employees, may take immediate and exclusive possession and control

of the building and the property on which it is located, operate and manage the building and the

property, establish and collect rents and income, lease and rent the building and the property, and

evict tenants;

(2) Mr. Brun, or his agents and employees, may pay all expenses of operating and conserving the

building and the property, including, but not limited to, the cost of electricity, gas, water,

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 sewerage, heating fuel, repairs and supplies, custodian services, taxes and assessments, and

insurance premiums, and hire and pay reasonable compensation to a managing agent;

(3) Mr. Brun, or his agents and employees, may pay pre-receivership mortgages or installments of

them and other liens;

(4) Mr. Brun, or his agents and employees, may perform or enter into contracts for the performance

of all work and the furnishing of materials necessary to abate, and obtain financing for the

abatement of, the public nuisance;

(5) Mr. Brun, or his agents and employees, may remove and dispose of any personal property

abandoned, stored, or otherwise located in or on the building and the property that creates a

dangerous or unsafe condition or that constitutes a violation of any local building, housing, air

pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation pursuant to the

procedures outlined in R.C. 3767.06;

(6) Mr. Brun, or his agents and employees, may obtain mortgage insurance for any receiver's

mortgage from any agency of the federal government;

(7) Mr. Brun, or his agents and employees, may enter into any agreement and do those things

necessary to maintain and preserve the building and the property and comply with all local

building, housing, air pollution, sanitation, health, fire, zoning, or safety codes, ordinances,

resolutions, and regulations;

(8) Mr. Brun, or his agents and employees, may give the custody of the building and the property,

and the opportunity to abate the nuisance and operate the property, to its owner or any mortgagee

or lienholder of record; and

(9) Mr. Brun, or his agents and employees, may issue notes and secure them by a mortgage bearing

interest which, when and if the property is sold or transferred by the receiver, shall be paid in

priority consistent with R.C. 3767.41(I)(3).

Pursuant to this order, Mr. Brun, or his agents and employees, may immediately take all reasonable

and necessary steps to secure the Property including, but not limited to, boarding up open windows,

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replacing the locks on all doors, installing security cameras and other monitoring equipment. Further,

pursuant to this order, Mr. Brun, or his agents and employees, may at its discretion control all non-

law-enforcement persons from trespassing upon the Property.

The Court ALSO ORDERS that Mr. Brun submit to this Court within thirty (30) days an

abatement plan calculated to carry the Abatement Order into effect. Such plan shall include: (1) a

good faith estimate of the cost of the labor, materials, and any other required development and abatement

costs; (2) the estimated income and expenses of the building and the property on which it is located after

the furnishing of the materials and the completion of the repairs and improvements; (3) the terms,

conditions, and availability of any financing that is necessary to perform the work and to furnish the

materials; and (4) if repair and rehabilitation of the building are found not to be feasible, the cost of

demolition of the building or of the portions of the building that constitute the public nuisance. Upon the

furnishing of such plan, Mr. Brun shall be permitted to obtain the financing necessary to perform the

work and to furnish necessary materials in furtherance of such plan.

This Court FURTHER ORDERS that Mr. Brun shall remain appointed as receiver until its

plan has been fully-executed. Upon completion of the plan above, Mr. Brun shall notify this Court by

motion of such completion and of any plan to dispose of the Property in a manner sufficient to pay the

financing for the plan, along with all remaining court costs and receiver’s fees.

SO ORDERED:
Judge Michael W. Krumholtz

THIS IS A FINAL APPEALABLE ORDER, AND THERE IS NO JUST CAUSE FOR

DELAY FOR THE PURPOSES OF CIV. R. 58(B). PURSUANT TO APP. R. 4, ANY
PARTY WHO WISHES TO APPEAL THIS ORDER SHALL FILE THEIR NOTICE
WITHIN THIRTY (30) DAYS.

TO THE CLERK: Please serve counsel for each party and each party not represented by
counsel with notice of this judgment and its date of entry upon the journal.

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 General Divison
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422

Case Number: Case Title:

2021 CV 04172 HOUSING COMMUNITY DEVELOPMENT CORP. vs
GERMANTOWN PIKE INVESTMENT PROPERTIES LLC

Type: Entry: (Signed By Judge)

So Ordered,

Electronically signed by mkrumholtz on 12/03/2021 12:00:07 PM Page 5 of 5