United States of America v. Real Property Known and Numbered as 52 North Rodgers Avenue, Columbus, Franklin County, Ohio, et al

Filing 8

Writ of Entry. Signed by Magistrate Judge Mark R. Abel on 4/212/10. (rew)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA Plaintiff, v. REAL PROPERTY KNOWN AND NUMBERED AS 52 NORTH RODGERS AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James Johnston) (Defendant One,) REAL PROPERTY KNOWN AND NUMBERED AS 1501 THOMAS AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston) (Defendant Two,) REAL PROPERTY KNOWN AND NUMBERED AS 300 CYPRUS AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James Johnston and Gerald Ratcliff) (Defendant Three,) REAL PROPERTY KNOWN AND NUMBERED AS 533 WEST CHAPEL STREET, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate, LTD.) (Defendant Four,) Judge Sargus Magistrate Judge Abel Civil Action No. 2:10-cv-330

REAL PROPERTY KNOWN AND NUMBERED AS 486 SOUTH BURGESS AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston, Jr.) (Defendant Five,) REAL PROPERTY KNOWN AND NUMBERED AS 242-244 SOUTH SKIDMORE STREET, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate) (Defendant Six,) REAL PROPERTY KNOWN AND NUMBERED AS 832 EAST FIFTH AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston) (Defendant Seven,) REAL PROPERTY KNOWN AND NUMBERED AS 828 EAST FIFTH AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston) (Defendant Eight,) REAL PROPERTY KNOWN AND NUMBERED AS 820 EAST FIFTH AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston) (Defendant Nine,)

REAL PROPERTY KNOWN AND NUMBERED AS 1070 NORTH WALTERS STREET, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston) (Defendant Ten,) REAL PROPERTY KNOWN AND NUMBERED AS 0 EAST FIFTH AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: James E. Johnston) (Defendant Eleven,) REAL PROPERTY KNOWN AND NUMBERED AS 257 SOUTH SKIDMORE STREET, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate, LTD.) (Defendant Twelve,) REAL PROPERTY KNOWN AND NUMBERED AS 900-902 WEST RICH STREET, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate, LTD.) (Defendant Thirteen,) REAL PROPERTY KNOWN AND NUMBERED AS 76 BREHL AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate, LTD.) (Defendant Fourteen,)

REAL PROPERTY KNOWN AND NUMBERED AS 1195 SULLIVANT AVENUE, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate, LTD.) (Defendant Fifteen,) REAL PROPERTY KNOWN AND NUMBERED AS 1334-1336 WEST BROAD STREET, COLUMBUS, FRANKLIN COUNTY, OHIO, WITH ALL IMPROVEMENTS, APPURTENANCES, AND ATTACHMENTS THEREON, (Record Owner: JPJ Real Estate, LTD.) (Defendant Sixteen,) Defendants. WRIT OF ENTRY The United States having filed a Verified Complaint for Forfeiture against the real property defendants, whose legal

descriptions are attached as Exhibits B thru I(e); and The United States having not requested authority to seize the real property defendants at this time but having stated that it will post notice of the Complaint for Forfeiture on the real property defendants and serve notice of this action and a copy of the Complaint for Forfeiture on the owner of the real property defendants and any other person or entity who may claim an interest in any Defendant under 18 U.S.C. §985(c)(1) and (3); and

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The United States having requested that the Court issue a Writ of Entry as provided in 18 U.S.C. §985(b)(2) and 18 U.S.C. §981(j) authorizing it to enter the real property defendants, including any structures, for the purpose of conducting an inspection and

inventory of the real property defendants and, as provided in 19 U.S.C. §1606, to conduct an appraisal; IT IS HEREBY ORDERED that the Secretary of the Treasury (including his delegates) and Special Agents of the Internal Revenue Service are hereby authorized: 1. To enter each of the real property defendants, including

any structures, on one or more occasions during the pendency of this in rem forfeiture action against the real property defendants, for the purpose of conducting an inspection and inventory and appraisal of the real property defendants; and 2. To be accompanied on any such occasion by any

appraiser(s) selected by it for the purpose of appraising the condition and value of the real property defendants pursuant to 19 U.S.C. §1606, which appraisal may include, among other means, still and video photography; and 3. To be accompanied on any such occasion by any government

and contract personnel selected by it for the purpose of conducting an inspection and inventory of the real property defendants, which inspection and inventory may include, among other means, still and video photography; and 5

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To be accompanied on any such occasion by any federal,

state and local law enforcement officers selected by it to ensure the safety of personnel acting under this Writ of Entry. Any interference with anyone acting under the authority of this Writ of Entry shall be deemed a violation of a Court Order and may be punished as a contempt, as a violation of 18 U.S.C. §2232, prohibiting the impairment of in rem jurisdiction, or otherwise as provided by law.

s/Mark R. Abel United States Magistrate Judge

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