sup^we-02urt clerk of ccurt nov 2 g:'zolz exhibit d 2009 cv 01062 bac home loan and servicing...
Post on 17-Jun-2020
2 Views
Preview:
TRANSCRIPT
Emelda Snype,Plaintiff-Appellant
-vs-
ANN MORGAN COST,Defendant-Appel
IN THE SUPREME COURTOF OHIO
NOV 2 0 2OIZ
CpI ►iK ()F COURTREiViE COUR^ OF OM{0
JUDICIAL NOTICE
Case No. 12-1732
On Appeal from the EleventhDistrict Court of Appeals,Trumbull County
Court of Appeals No.2012-P-0001
^
Now comes Emelda Snype (Hereinafter Appellant), pursuant to FRCP Article II Judicial
Notice Rule 201 (a)(b)(1)(2)(c)(d)(e), and (f). At all times relevant Appellant has presented a
prima facie case of unlawful transactions pertaining to the subject property. Attorney Bower
et.al were all given a judicial notice filed on March 5, 2012. See Exhibit A In which this is the
evidence of fraudulent concealment. The employment of artifice planned to prevent inquiry or
escape investigation and to mislead or hinder the acquisition of information and to mislead or
hinder the acquisition of information disclosing a right of action; acts relied on must be of an
affirmative character and fraudulent Fundunburks v. Michigan Mut. Liability Co., 63 Mich.
App. 405, 234 N.W.2d 545, 547. The test of whether failure to disclose material facts constitutes
fiaud is t he existence of a duty, legal or equitable, arising from the relation of the parties; failure
to disclose a material fact with intent to mislead or defraud under such circumstance being
equivalent to an actual "fraudulent concealment justifying a recission of a contract is the
intentional concealment of some fact known to the party charged, which is a material for the
prevent being defrauded; the concealment of a fact which one is bound
NOV 2 G:'Zolz
CLERK OF CCURTSUP^WE-02u'RT
to disclose being the equivalent of an indirect representation that such fact does not exist. Also a
fraudulent misrepresentation, making false statement as to material fact, made with intent that
another rely thereon, which is believed by other party and on which her relies and by which he is
induced to act and does act to his injury. Cormack v. American Underwriters Corp., 288 N.W.2D
634. Giving evidence that Attorney Amelia Bower has filed fraud upon the court.
WHEREFORE, Appellant respectfully request that the Honorable Justices of this court
review the Judicial Notice exhibit A.
R y submitted,
4me a Snype (1872638)14837 Detroit Ave. #208Lakewood, Ohio 44107
CERTIFICATE OF SERVICE
A copy of the foregoing Judcial Notice, Affidavit, Exhibits, and was mailed by regularU.S.MAIL this .9 79 day of/fl&IA4^- 2012 to all parties.
PLUNKETT COONEY300 E. Broad St. Suite 590Columbus, Ohio 43215Amelia A. Bower(0013474)
Res y submitted,
me da Snype (1872638)14837 Detroit Ave. #208Lakewood, Ohio 44 107
AFFIDAVIT OF THE TRUTH
State of
County of
NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENTNOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL
"Indeed, no more than (affidavit) is necessary to make the prima facie case." UnitedStates v. Kis, 658 F.2°d , and 526, 536 (7th Cir, 1981) Cert Denied, 50 U.SLW. 2169; U.S.LW.March 22, 1982.
Contents are of affiant's own first hand knowledge. Aff ant does solemnly swear, depose, say
and declare; that affiant has personal knowledge and belief of the facts stated herein. All of thefacts stated herein are true, correct, and complete, nor misleading, the truth, the whole truth, andnothing but the truth.
1) All statements in the Judicial Notice are true.
2) The Appellant court had these documents and also the Court of Common Pleas.
3) Judge Enlow showed bias, prejudice, and impropriety.
Signature
AKNOWLEDGEMENT
State of) Scilicet
County of )
SUBSCRIBED To AIND SWOF?!T before me this day of A.D. 2012 A Notary,That , personally appeared and known to me to beThe named subscribed to the within instrument and acknowledge to be the same.
Seal;Notary Public in and for said StateMy commission expires;
IN THE COURT OF APPEALSELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
Emelda Snype, 2012-P-0001
Appellant, 2011 CV 0192Secured Party/Creditor,
-vs-
ANN MORGAN COST/ TrusteeRespondent, et.al.
FILEDCOURTOFAPPEALS
MAR 0 5 2012
LINOA K. FANKHAUSER, CLERK,PORTAGE COUNTY, OHIO
JUDICIAL NOTICE
Now comes Emelda Snype (Hereinafter Appellant), pursuant to FRCP Article lI
Judicial Notice Rule 201 (a)(b)(1)(2)(c)(d)(e), and (f). At all times relevant Appellant has
presented a prima faciecase of unlawful transactions pertaining to the subject property. Setting
forth a liberty or privilege to decide and act in accordance with what is fair and equitable under
the peculiar circumstances of the particular case, guided by the spirit and principles of the law,
and exercise of such discretion is reviewable only for an abuse thereof.Manekas v. Allied
Discount Co., 6 Misc.2d 1079, 166 N.Y.S.2d 366, 369.
This Notice is based on evidence 1 thru 5 previously filed in the replevin.
l. Replevin filed on September 13, 201 lwith the evidence of all procedures and/or
transactions.2. Bankruptcy dismissal and order by the honorable Bankruptcy Judge Marilyn Shae-
Stornum3. Certified testimony of the Clerk of courts transaction in case # CV2005 00451
providing no evidence of a sheriff s sale or advertisements.4. An astute background of the honorable Federal Judge Sara Lioi, stating that there was
no sheriff sale, dated on or about May 20p2008.5. The laws stated by the ORCP stating the procedure for a sheriff's sale, time, place,
and advertisements.
EVIDENCE FOR JUDICIAL REVIEW
The first Judicial Notice was filed in the lower court on September 28, 2011, at the Court ofof Common Pleas. The evidence was acknowledged and provided to Lammert and Magistrate
Kent Greaham at the court proceeding. The exhibits were only A thru M on that date.
pRtC^^AL
Copies/Exhibits of unlawful certified realestate transactions.
Exhibit A Subject Property unlawfully transferred February 8, 2008
Exhibit B Real Property Conveyance Fee statement of value and receipt March 26,2008. Number 5 states sheriff sale. Certified September 13, 2011 by
Portage County auditor.
Exhibit C End of transcript docketed February 6, 2008 Testimony of the PortageCounty clerk, 1 thru 38 inclusive filings. Providing no evidence of a
Sheriff° s sale.
Exhibit D 2009 CV 01062 BAC HOME LOAN AND SERVICING LP VS.SCHAEFFER, DANIEL (1)Notice of Sheriff's sale filed on October 12,2010. (2)Proof of publication filed on October 27, 2010. (3) Motion tocancel the Sherriff's filed November 3, 2010. (4) November 5, 2010 entrywithdrawing property from the SherifF's sale granted. (5) Notice ofSheriff's sale filed on November 8, 2011. (6) Proof of publication is filed
on December 5, 2011.
Exhibit E Memorandum and Opinion of the Honorable Judge Sara Lioi, filed May27, 2008. The background states the stay was lifted and the sale isscheduled to proceed. The docket does not reflect a sheriff sale.
Exhibit F Notice of sale and execution 2329.13 (2)(a) Public Notice of date, time,sale, and advertisement in newspaper, is not reflected in the docket of case
#cv 2005 00451.
Exhibit G UCC FINANCING STATEMENT Filed July 11, 2008
Exhibit H UCC FINANCING STATEMENT Filed February 3, 2009
Exhibit I Statement of reason for exemption from real property conveyance fee
Dated October 26, 2009 and certified 9/13/2009. Notice* the address
For RESIDENTIAL FUNDING REALESTATE HOLDINGS, LLC's
Address is 4828 Loop Central Drive, Houston TX 77081.
Exhibit J Affidavit of facts by the owner and President of Land Title Agency.
Signed October 26, 2009 and certified September 13, 2011.
Exhibit K Real Property conveyance fee statement of value and receipt January 12,2009, certified 9/13/2011. Real Property conveyance fee statement of
value and receipt. Fraudulent mortgage with Third federal savings andloans. Dated January 12, 2010 and also January 20, 2010.
Exhibit L Special Warranty Deed fraudulently transferred to Anne Morgen Cost onJanuary 20. 2011. Providing evidence that the Grantor is RESIDENTIALFUNDING REALESTATE HOLDINGS, LLC Vice President J.Lynn
Burrow, and they are not registered to do business in Ohio.
Exhibit M Form 1099 A Abandonment of secured Property. Filed January 18, 2006By National city home loan services Inc. in the fraudulent amount of$640,000, and SPC had not abandoned the property at 350 Aberdeen lane.
Admittedly, in the case of Whittington vs. The Cleveland Police Department, 2009-Ohio1604
the Eighth Appellate district County of Cuyahoga. Ruled in favor of the Plaintiff, guided by the
principles that forfeitures of property are generally disfavored by the law, and when possible an
individual's property rights are preferred over forfeiture statutes. Dept. of Liquor Control v. Sons
of Italy Lodge 0917 (1992), 65 Ohio St.3d 532, 534.
Exhibit N On December 19, 2011 Judge Enlow recuses himself sua sponte from both
cases. Snype vs. Ann Morgan Cost 2011 cv 01192, and Snype vs. ALL
AMERICAN INSPECTION LLC. 2010 CV 01279
Exhibit 0 On or about December 20. 2012 a notice of hearing is scheduled for avexatious litigator and for sanctions scheduled for January 26, 2012.
Exhibit P On or about January 11, 2012 the Order of the Court issued by Judge H.F.Inderlied to establish filing procedures in the within matter. Ordering theparties to submit time-stamped copies of any document filed with the
Clerk and send it to Pamela Krysiak.
Exhibit Q On or about January 18, 2012 Judge H.F. Iderlied, dismisses the vexatiouslitigator portion of the Defendants motions, that were filed previously.
Exhibit R On or about January 18, 2012 a Certificate of assignment by Chief JusticeMaureen O'Connor from the Supreme Court of Ohio. Stating in part topreside and combine both cases, for the purpose of hearing motions tohave Snype declared as a vexatious litigator and any matters associated
with these motions.
Exhibit S On January 23, 2012 Snype submitted a package via USPS to the
Assignment Cominisioner Pamel J. Krysiak. Proof of the delivery was
received January 24, 2012 at 3pm.
Exhibit T The packaged contained a Notice with evidence of the corruption signedby 3 witnesses acknowledging the documents being inserted into the
envelope and sent via USPS.
On January 25, 2012, Appellant received a (2) two phone calls to contact PamelaKrysiak. Pamela told Appellant that the Defendants filed motions to cancel the hearing. At
no time did Pamela state that there was a courtCoorder
urt do^cket,band had no evidence1 of the the timeof the phone call Appellant was reviewing
cancellation.On January 26, 2012, Appellant appeared at the hearing as scheduled with several
witnesses. Appellant spoke with Magistrate Kent Graham, and received the motions filed by
Defendants. Yet, he never provided any evidence of a court order. Appellant immediately filed
an Affidavit with signatures of witnesses. Evidence of Appellant's appearance, and Defendants
absence.
Exhibit U Copy of Affidavit filed on January 26, 2012, after the Defendants did
not show up to the court hearing as scheduled.
Exhibit V Notice of withdrawal from sanctions filed by the Defendants/AttorneyCynthia Lammert, and James O'Connor, January 23, 2012. Both of
REMINGER CO. LPA of Cleveland, Ohio 44115. Received by Magistrate
Kent Graham on January 26, 2012.
Exhibit W Notice of withdrawal of motion for sanctions filed by the Defendant/
Attorney Frank Lionetti and Brian Lee. Both also of REMINGER CO.
LPA of Cleveland, Ohio 44115. Received by Magistrate Kent Graham on
January 26, 2012.
Exhibit X Copy of the docket dated February 24, 2012 with no evidence of a court
order.
Exhibit Y On or about January 30, 2012 a Complaint for Declaratory Judgment was
filed against Defendants.
Exhibit Z On or about February 13, 2012 without authority Judge John Enlow signs
a Order and Journal Entry to strike Appellant's complaint. Also giving a
void order to Defendants, and the Clerk.
This Judicial Notice is based on the corruption, misprision, treason, dereliction of duty, bias,
prejudice, fraud, unjust enrichment, and Rico Activity presented by none other than the
honorable Judge John Enlow. Providing evidence Appellant cannot get a fair trial,
or judgment in Portage County Court of Common Pleas. All events show Judge Enlow's ability
to persuade others to conspire with him in concert to try to cover up his criminal activity. Which
the evidence provides multiple denials of due process. According to the 14a' Amendment of the
U.S. Constitution the evidence provides a denial of a right. Appellant has shown a prima faciecase of corruption, and corroborating evidence. In some jurisdictions, corroborating evidence of
an accomplice to the crime is given much weight. People v. Baker, 16 I11.2d 364,158 N.E.2d 1.
WHEREFORE, Appellant demands the proper judgment, remedy, and settlement and closure of
the account by this court of equity.
Res 1 bmitted,
me da Snype 1872638)ALL RIGHTS EXPLICITLY RESERVED
14837 Detroit Ave. #208
Lakewood, Ohio 44107
CERTIFICATE OF SERVICE
A copy of the'̂ oregoing Judicial Notic , Affdavit, Exhibits, and was mailed by regular
U.S. Mail this o2 ►̂ day of #1Z 11 , 2012 to all parties appearing in this action or
their Attorneys, as set forth below y Portage County Clerk of Courts.
REMINGER CO., LPA1400 Midland Building101 Prospect Avenue, WestCleveland, Ohio 44115Cynthia Lammert (0056184)James O'Connor (0063428)
PLUNKETT COONEY300 E. Broad St. Suite 590Columbus, Ohio 43215Amelia A. Bower (0013474)David L. Van Slyke (0077721)
Res 1 y►submitted,
elda Snype (1872638)ALL RIGHTS EXPLICITLY RESERVED
14837 Detroit Ave. #208
Lakewood, Ohio 44107
• • , .
^^; 1 ppNRf OF COMMON PLEAS
FB 0 B 2008
200610393 Uo L ^ ^, O CLERK'^oa5
COURT OF COMMON PLMPORTAGE COUNTY, OHIO
Deutsche Bank National Trust Case No. 2006 CV 00451
company, as Trustee for First
Frank].in Mortgage Loan Trust ^Judge Enlow
2006-FF3, Mortgage Pass-Certificates, Series 1, NUNC P^RORY ^ _^ ^g1
Through2006-FF3
PLAINTIFF 4RDERING DEID7 AND DISTRIBUTING^SALE PROCSEDS
Vs.
Emelda Snype, et al pEFMMTS
It appearing to the Court that the legal description
attached as Exhibit "A" to the Journal EntrY Confixming Sale,
Ordering Deed and DistributingSale Proceeds, filed herein on
August 31, 2007, contained an error.
IT IS HEREBY ORD81tRDthat the Journal Entry confirming Sale,
Ordering Deed and DistributingSale Proceeds be amended nunc pro
tunc to the date of its filing, August 31, 2007 to reflect the
correct legal description as attached hereto as Exhibit W.
=maw
Fxyr,air A
^C_7 ^^ ^ / !) ^ lt. __.....^ %a^ FORM 100 PROPERT^ CONVEi^ANCE FEE STATEMENT OF VALUE AND RECEIPT(REV t g ' J^` j y{ ] If exempt by O.R.C. 319.54(F')(3), Use DTE Form I00 (Ex)
OR COUNTY AUDITOR'S USE ONLY
Coun67
Tax. Di .
^T tm t ^ Y^^t^ Number V(
Property Loeated inTapitg istrict Number
Name on Tax Duplicate am, Tax Duplicate Year ^-J/1..,.. ^ ^
Acct. or Pcrmanent Parcel Map Book Page No. of Parcels
IDTE Code No.
l^ v
Description: q Platted q Unplaned
AUDITOR'S COMMENTS: q Split q New Plat New Improvements q Partial Value
C3 C.A.U.V. q Building Removed q Other:
Neigh. Code
1. Grantor's Name Emeld& Snvtse et al Phone:
2. Grantee's Name First Franklin Finane° Coto Phon
Grantee's Address 21 0 North First St ., Sen Jose CA 95131 ^442023. Address of Property 350 Aberdeen-L1^ e,
Sen
m+rsJose
OHCA 951314. Tax Bitling Address °"^ North
5. Are there buildings on the land? ® YES q NO If yes cheek typd: -
® 1, 2 or Femily Dwlg. q Condominium q Apartment: No, of Units
q Manufaetured (inobile) home q Farm buildings q Other
If land is vacant, what is intended use?Conditions of Sale (Check all that : Grm a Relative q Part Interest Transfer q Land Contract
q Trade q Life Estate Leased Fec q L hold q Mineral Rights Reserved q Gift
q Grantor is Mortgagee Other: h rifP amij,7. a) New Mortgage Amount (If ) ......................... ............................................. ...........5
b) Balance Assumed (If any) .. ......... ...........................................................................5 533.334.00sc) Cash (If any) .................................................................................................................................
d) Total Consideration (Add Lines 7a. 7b and 7c) ............................... ...........................................S 533.334.00
e) Portion, if any, of total consideration paid for items other than rcal property .......... .................5
f) Consideration for real propcrty on which fee is to be paid (7d minus 7e) .... ............................ $ 533.334.00
g) Name of Mortgageeh) Type of Mortgage q Conv. q F.H.A. q V.A. q Other:
i) If gift, in ahole or part, estimated market value of the real propcrty ......... ...............................S
8. Has the grantor indicated that this property is entitled to receive the sen mlwr rAsurviving spouse homestead exemption for the preceding or current tax TOeompleteDTE 101. Cr;
9. Has the grantor indicated that this roperty qualified for current agricultu i'foror current tax year? q YES NO. If yes, complete DTE Fo OSITO
10. Application For 2 1/2% Reduction (NOTICE: failure to compiete this a t n prohibits threceiving this reduction until a.nother propsr and timely application is filed): Will this property be gAMWORprincipal residence by lanaary I of next ycar? q YES ® NO.If yes, is the property a multi-unit dwelling? q YES q NO.
I DECLARE UNDER PENALTIES OF PERJURY THAT THIS STATEMENT HAS BEEN EXAMINED BY ME AND TOTHE BE T F MY KNOWL E AND BELIEF IT IS A TRUE, CORRECT AND COMPLETE STATEMENT.
3/20/08-9 GRANISTor REPRESENTATIVE DATE
&ECEtPT FOR PAYMENT OF CONVEYANCE FEE
319.54 (F)(3) R.C., and, if ap the fee
- has been paid by
lica,
/*"
by the
,Dte-af Acres
(//^
Land Value
3y=Bldg. Value
^ ^^..
Total Value
^DTE Use Only
DTE Use Only
DTE• Use Only
Considersslon
333i
D'!E se On6y IValid Sde
Receipt Number
Chapter 322 R.C., in the total amount of^ r and received
DATE =..-^c-'
F..8JT ►̂
`^^^^ ..^,^ ^ M • ^ ^ ^^ • ^ ^ f̂^̂'h^' ''''̂^ j ^ ^ 'l^^^ ^ 1)QOds„58•YS,`y^J •:yibi',, ^'^^ii^^^11M
^yEYE1M8!
• P,^^^ 'M^^'•'{•4 ;1^"^y^^-.^ i
: -^^^ ^+ .^ •
. • ,. 1^1^1,..x^. _.
2006 CV 00651 DEUTBCEE BE NATL TRUST CO VS: IROYPE, EIfSLDA •t al JAE
S•arch crit•ria Epin Aat• SartAsC•ndinp
Dockst Bntry End DateImapss A11 Dock•ts
ParticipaatDisplay Optioa6xCluda Nos DSsplay Dockots
arah R•aults
Dockst Rs1•raac D•rariptioa
Data •
Amt Ow•d/Amt Amount Due
Diam/Cr•dit
2/6/1008 Isaus Dat+: 02/06/2008 ^CRET
t
2/6/3008 38
Ssrvie•: TRANSCRIPT OFR•thod: CERTIFIED 11AIL.lOEY DIV)
Coat Psr: $ 8.00
US DISTRICT COURTRORTEERH DISTRICT OF oE10 CLERKB OFFICE
CARL B STOKES V8 COIIRT HOIJSE
1 01 M BUFERIOR AVECLZVEL7IN'D. OE 44113Tracking No: 7160390190154415634
TRANSCRIPT OF DOCRET AND JOUR•NAL EHTRIEB
ALONG MITH ALL ORIOINIW PAPERS AND COST
BILL! ISBUED TO
2/112008 37 ^DISTRICT COURT AND E TSECNORTRERN D BTRICTOF OE2O CLEVELRND DIVISIONi CABE 8 5:08CV0263 ) rILED.
1/25/2006 36 1161tOR71>rtDUK I11 OPPOSTITION TO DEFT ENELOABEltPE6t 603 YOTION FILED.
• DEDTSCRR EE: NATL TROST CO (PLAI11TIrr) 71/14/2008 35 C=RTIFICIITE Or SERVICE FILED.
ENfLDA 9MYPE (DEF7NDA11T) 7
1/14/2008 34 NOTICE Or NEARIAO ISSUED BY ASSIORNENTCONNISSIOIIERS. fBBE I71ROE)
1/11/2008 33 EtlEROEtiCY RERRINO OF DEBTORS 1lOTION TOVACRTE OEDER OP S11LE Or RE71L PROPERTY TOBrAy NRIT Or POSBESSION rILEO.AttarD•y: PRO SB 11BIF,ELD7k BNYPB (DEFENDAUT):
12/28/2007 32 INSTRUCTIONS FILED. MRIT 0r POBBESSIONISSDED TO TEE BEERIFF OF PO CTY. R•c•lpts
131834 - Dat.= 12128/2007
12/28/2007 DEPOSIT/MP R•c•Spt: 131833 Dat•:
12/2s/2007
12/26/2007 31 ORDER RE#CTIVATINO CABE TO0. POST JUDONEWP18-11819-1 PROCE10IN08' ONLY ORA1iTED. IT IS 80 ORDERED.
8 (6BE I11lWE)
11/27/2007 30 ORDBR STAYING PROCEEDINGS GRANTED• IT IS 80
16-10799-1 ORDERED. 48EE IIUWE)
3f
Loe'^
8.00 8.00,
3.00 3.00
6.00 6.00
17.00
100.00
16.00 16.00
2.00 3.00
tx,wB/r C
f
10/25/2007 29
9l10/1007 78
9/20/1007
9/10/2007 27
B/31/2007 26
15-7856-18
6/13/3007 25
18-7328-18
1/30/2007 2418-997tiS
1129/2007
1/23/2007 23
1/13/3007 221a••808-18
1/1B/3007 21
1/2/2007 20
1/2/3007 19
12/18/2006 18
11/27/2006 17
10/20/2006 16
10/4/3006 15
9/20/3606 1417-7619-17
9/8/2006 1317-7169-17
WRIT OF PoSSESSION RBTDRNED ENDORSED. (SBEINAOE) Receint: 121413 Date: 10/95/2007Racaipt: 128030 De1e: 11/01/2007
INSTRUCTIONB FILED. WRIT O! POSSESSIONISSOED TO THE SHtRIPF 0F PO CTY. Rec.ipt:
124919 Date: 09/20/1007
DEPOSIT FOR NP Receipt: 124910 Date:
09/20/2007
ATTY LYFB A BUSCH OIVES NOTICE OF
SUBSTITtM'ION Or COOBBBL ►OR PLTr PILED.
CONFIR1fATZOH OF SALE l1LSD AND COPY ISSUEDTO PCBp. R.eeipt: 125038 Datee 11/01/2007
oRDSR R=ACTIYATING CASE FOR POSTPROCEEDIBOS ONILY ORABTBD. IT IS 80 ORDERED.
(SBE IY1Ui8) Reo.ipt: 138038 Date:
11/01/2007IT IS ORDERED THAT THE PROCEEDINGS ARBBTEYED UNTIL rURTBBR ORDER Or TBIS COTJRTORARTED. (S8E IMAOB) Receipt: 128038
Date: 11/01/2007
DEPC!6ZT REP98D TO LBR9IRR Sa!(PSON & ROTHFUSS.
NOTICE YNDER RtlLE 581 IS6DED TOATTYB/PARTIBE BY REOOLAR ttAIL. Raceipt:
107226 Date: 01129/2007
IT IC ORDERED TBAT TNIS NATTER SHALL SEBTAYRD DURING PROCERDINOS IN BABERUPTCY
ORABTED SO oRCBRED (158) (SEE IEAOE)
Receipt: 107226 Date: 01/29/2007DBFT: EIRLDA SNYPR PRO SE NOTION TO STAYCONr2RitATZON i70TICE OF rILI80 CRAPTER 13
BA6H[BUPTCY (CASE N0 07-50142) rILED.
nttorneY: PRO BB 04 Po coPY Or COBrIRW1TION ABD 2 NTOB TO BESEII't TO THB RECORDERS OrrICE UPOII RECEIVI830
COURT COSTS. (PBR ORDSR DATED 01133/07
;52.00 RXKOVW FROM COSTS OSRIL CASE
REI11ST11TED 71rTER BIWRRUPTCY. )ORDBR OF BALE RETDRBiD EBDORSED. DUANE NRALEY PO C9'1f SBERIFF. (SEE ZHROE))Nceipt: 105172 Date: 01/02/8007
ASBIYOitERT OF BID TO FIRHT FRANELIN rIBABCECORr PTLZD.
NOTICE OF BNBRIFP•B SALE FILED. SALE SET
Datet 10/04/1006 92.00
TOR DBC 18 2006 AT 12e00 PN.
JU.iAB PRRCIPE rILED. ORDER Or SALE I6SOEDTO TBE BREItIPP Or PO CTY. (NITBOUTREAPPRASSAL) Re6eiptt 105172 Date:0170?n007ORDER OF BALB RETDRMED ENDORSED. DUANE N
EALEY PO CTY SNERIFP. (SEE IMAOE)
Receiyt: 98988 Dat.t 10/06/3006
IT IS ORDBRED TRAT TBE 8UD18(6NT AND DECREEIN FOR6CLOSORB BE ANENDRD WNC PRO TOEC TOAEFI.ECT THB CORRECT LEAORI. pESCB:PTI08ORA11TB0. SSZE 11010E) Reaeipts 98988
Dates 10/04/3006TR8 PROPBRTY IS HEREBY NITBDRANN FRONSHBASrr'S SALE SCBEDULED FOR 09/26/O6ORABTED. ISEE INAOE) Reoeipt: 00940
17.00
100.00
8.00
6.00
6.00
17.50
12.00
2.00
68.00 t
2.00
77.00
4.00
2.00
8117/2006 12 NOTICEOF SHERIFF'S BALE FILBD. SALE SET
FOR 9/25/06 AT 12:00 Flt.
8/14/2006 11 APPRAISAL FEES TO LAVRIE A BVRNS. 50
811412006 11 APPRAISAL FBES TO DOROTBY J BHITH. 5
8116/2006 11 APPRAIBAL FEES TO JANES A HOROVITS' g
8/18/2006 11 LAl7D APPRAISE!liNT FILED. APPRAIBED AT 19600,000.00 IOl1TEZD6) EY JAMES A BOROVIT£,
^E.R^ee^i^ps J 95310H D
ANDat^ 08/11/20
7/6/2004 10 sRIFf OTLPO CTY^ReceiPB95310BDDet THE
08/1ll2006
7/6/2006 DBPOSIT/ORDER OF SALE RaeeiPtt 92761
Dates 07/06/2006
6/23/2006 9 NOTICE ORDER ROLE 688 IBS^jL'^ ReceiPtsATTYB/PARTIES 8Y RBOOLAR
85310 Date: 08/14/2006
6/23/2006 8 DECEtE OF FORBCLOSOREGRAETBD. (R58)
17-4747=171AceiDt: 95310 Date: 08/11/2006
6/12/2006 7 YLT^Fl^B KOT^S^^R^ETJAD^ )^^K^ F LED.
Attorn^Y: 8BAt10V, DIA►7A ( 77668)
6/22/2006 6 OPDATED JODICIAL REPORT TILBD.
6/22/2006 5 BRYAB E08ZCH-S APaIDAVIT OF STAT08 OFACCOypT ApD SILITARY AFFIDAVIT FILED.
S/15/2006 3 SUCCEBSFOL BERVICEHethod t CERTIFZED MAIL (OEN DIV)
l0eyed t 04/25/2006
s.rvice : BmaDEeCerved OS/02/7006R^!turn 0S/15/2006On.. t FIRIIT FRANRLIN FIN CORP
sraAed BY = uBaLS^RReaapn t CP- SDCCESDFVI.
Co^'!nt t .
TsackinB •= 71803901986947340285/9/2006 4 SVMYONs R6TOR3TLD E>MRSBO. DDAHS M EALEY PO
CTY BHBRIFF^iPtIsM^8867iR
ILICCORD
S1RVICZ)- Rec
5/1/2006 3 SOOCEBSFOT. SERVICEBathOd 7 CERTIFIED W11L (pE11 DIV)
I,,,ued s 07/2512006
6ervsce o 6olatoBsSeL.o^{ s 04/28/2006
Retatn t 05/01/2006Oa t DOB. JO^
8i9ned BY s ^^ ^PE
Reaeon = CP- 69CCEBBFOL
CWMaent i
Traekinp 1 : 7160390196496734028
5/1/2006 3 BOCCBBS^'Oi. BERVICEBetfiod : CERTIFIED MAIL (OEN DIV)
.00
0.00
0.00
50 .00
2.00
50.00
16.00
10.00
112.00
4
Issuad 04/25/2006Sarvice 8VlDIOMSServad 0412812006 •Raturn 05/01/2006pp SRYPB, EMBLDA
SiOnad By ENBLDA 86YPE
Raason CP- SUCCESSPUL
Comant
Trackin8 0 s71603901986947340274/25/2006 Issua Dats: 04/2S/2006
6arvior: 6UIOWNBMathod: (CP) PBRSONAL OR RESIDENTIIW6ERYICEProvidars PORTAOE COUNTY SNERIPr
Cost Par: $
4/25/2006 4
4/25/2006
1 4l25/2006 3
1 4/25/2006 2
61hlPE. SNELDA350 ABBADEEN LANB
AUAORA, OR 44207T,rackin0 Mo: R000002996
DOE, JOHNUNRMOiIN 8POU8E OrEMELDA BNYPB350 ABESOBZN LANE
AURORA, o6 44202Trackin0 No: R000002995
SONMOWS AND COPY OF CONPLAINT ISBUED TO P0CTY SMBRIPF FOR PERBOMAL OR RE8IDENCEiBRvscs OM BN=LDA SNYPS AIiD roR PiRSONALSBRVIICE 09 JOHN DOE UNXN01VDi SPOUSE OF
EMBLDA SNYPE.
RacalDt: 87946 tlats: 04/26/2006Issus Dates 04:/25/2006Sarvicas 8916llONaMsthodc CBRTIFIED NAIL (OEN DIV)
cost Per. $ 5.00
SMYPE, EIBLDA350 ABRRDE807 LAMB
AURORA, OR 44202Tiaakiap D/os 7160390199494734027
DOE. JORNUBRN011N sPoUSE OFBNBLDA SMYPE350 ASBRD66N LANB
AUROBA, OR 44202Trackin0 No: 7160390198494736028
FIRST rRANKLIN FIN CORPANY OFFICER OR MRNAOINO 7uiBNT=150 Df FlIRST STSAN JOSE, CA 95131Tracking 1ao: 7160390198494734029
Raasiyt: 87946 Dats: 04/25/2006SUMMONS AND COPY OT CONPLAINT I88BUBD TO
DBrTB BY CBRTIFIED MA2L.
RacsiDts 87946 Dats: 04/25/2006
PRELIM=RARY JUDICIIW REPORT FIL8D.
4.00
24.00
6.00
4/2412006 DEPOSIT ReCeipt: 87816 Date: 04/24/2006358.50
4/24/2006 1 COMPLAINT IN PORECLOSURE WITH NOTICE UNDERTHE FAIR DEBT COLLECTION PRACTICES ACT, 121.50WITH INSTRUCTIONS PILYD. ACTiON:PORECLOSDRE Reeeipt: 87816 Date:04/24/2006
THE STATE OF OHIO, PORTAGE COUNTY
1, the undetsigned, Ckxk of the Common Pleas Court in and for said County, do
hereby certify that the foregoing is a true tranrcript of the docket and joumal entries of
said Court in the above cntitled cause and 1 futther eertify that the papers herewith sent,
numbered from 1 to 38 inclusive, are all the original papers and pleadings filed in the
above cause of:
2006 CV 00451
DEUTSCHE BK NATL TRUST CO
vs
EMELDA SNYPE et al
In testimony when:of7 I herennto aet my hand and affix the aeal of said Common
Plcas Court on February 6, 2008.
Linda K Fankhwser, Ckrk of Courta
Deputy Ckrk
^Qy
Public Access - Docket List
General tnquiry
Page 1 of 6
yDc¢u5^. vIecJ ^a ancl .3
® N.w s.ueh...
^ Sun mary ^ ParY^,v F^ems L7ppklt6 Dispo^ :'u ,^ ::psts i ..
Docket Search
2009 CV 01062 BAC HOME LOANS SERVICING LP VS. SCHAEFFER, DANIEL G et al LJP
Search Criteria
Docket ALLDesc.
Begin Date
End Date
Sort
Ascendinga. Descending
Search
Sesreb [tesula 82 Docket(s) found matching search criteria.
Docket Docket Text Amount Amount ImagesDate Due02/16/2012 CONFIRMATION TO RECORDER 60.00 0.00
02/15/2012 HEARING SCHEDULED: Event: 0.00 0.00TEMPORARY RESTRAINING ORDERDate: 02/23/2012 Time: 1:00 pin Judge:BERGER, ROBERT Location:COURTROOM #2
02/15/2012 NOTICE OF HEARING ISSUED BY 4.00ASSIGNMENT COMMISSIONERS:(SEE IMAGE) GENERAL HEARINGNOTICE Sent on: 02/15/2012 14:09:34Receipt: 249436 Date: 02/ 16/2012
02/10/2012 VERIFIED PETITION FOR 0.00TEMPORARY INJUNCTION ANDRESTRAINING ORDER FILED.Attomey: PRO SE (DANIEL GSCHAEFFBR)
0.00
0.00
02/07/2012 CONFIItMATION OF SALE 1,000.50 0.00RECEIVED FROM DAVID W DOAKReceipt: 248658 Date: 02/07/2012
01/25/2012 NOTICE OF AFFIDAVIT OF LAWFUL 0.00 0.00OWNERSHIP OF REAL ESTATEFILED.
01/09/2012 DEPOSTT RECEIVED FOR WRTT OF 125.00 0.00POSSESSION. Receipt: 246493 Date:01/09/2012
0 1/09/2012 INSTRUCTIONS FILED. WRIT OF 17.00POSSESSION ISSUED TO THESHERIFF OF PO CTY. Receipt: 249435Date: 02/16/2012
12/21/2011 CONFIRMATION OF SALE FILED 10.00AND COPY ISSUED TO PCSO. Receipt:249436 Date: 02/16/2012
12/20/2011 ASSIGNMENT OF BID TO FANNIE 0.00MAE FILED. GEORGE ANNOS(Attorney) on behalf of BAC HOMELOANS SERVICING LP (PLAINTIFF)
12/19/2011 FAILURE OF SERVICE OF R58/53D 0.00NOTICE AND COPY OF JOURNAL
0.00
0.00
0.00
0.00
d
d
d
d
d
n
EX)qlBIT.Dhttp://vvww.co.portage.oh.us/pa/pa.urd/pamw2000*docket lst?53773703 2/22/2012
Public Access - Docket List
ENTRY ISSUED BY THE CLERK OFCOURTS BY REGULAR MAILRETURNED.
12/14/2011 PARTIAL RELEASE OF JUDGMENT 5.00LIEN FILED Receipt 249436 Date:02116/2012
12/14/2011 5 PG COPY OF CONFIRMATION, 1 60.00MTG AND 1 ASSIGNMENT TO BESENT TO THE RECORDERS OFFICEUPON RECEIVING COURT COSTS.Receipt: 249436 Date: 02/16/2012
12/14/2011 ORDER OF SALE RETURNED 82.50ENDORSED. DAVID W DOAK POCTY SHERIFF. (SEE IMAGE) Receipt:249436 Date: 02/16/2012
12/06/2011 NOTICE UNDER RULE 58B ISSUED 12.00TO AT1'YS/PARTIES BY REGULARMAIL AND/OR FACSIlKILE. RULE 58(NOTICE) Sent on: 12/06/2011 10:19:41Receipt: 249436 Date: 02/16/2012
12/05/2011 NOTARY CERTIFICATE OF SERVICE 0.00FILED.
12/05/2011 JOURNAL ENTRY FILED. IT IS 4.00THEREFORE ORDERED THAT THEDEFTS MOTION TO STAY THESHERIFF SALE IS OVERRULED. IT ISSO ORDERED. (SEE IMAGE) Receipt:249436 Date: 02/16/2012
(p^ ^ 12/05/2011 PROOF OF PUBLICATION FILED. 0.00RECORD COURIER-$165.30
11/08/2011 NOTICE OF SHERIFFS SALE FILED. 0.00SALE SET FOR 12/5/2011 AT 11:00AM.
10/20/2011 APPRAISAL FEES TO LAURIE A 50.00BURNS
10/20/2011 APPRAISAL FEES TO DOROTHY 50.00SMITH
10/20/2011 APPRAISAL FEES TO JAMES A 50.00HOROVITZ
10/20/2011 LAND APPRAISEMENT FILED. 0.00APPRAISED AT $120,000.00
10/04/2011 PRECIPE FILED. ORDER OF SALE 2.00ISSUED TO THE SHERIFF OF POCTY. Receipt: 249436 Date: 02/ 16/2012
10/04/2011 ORDER OF SALE DEPOSIT FOR 150.00APPRAISER FEE Receipt: 239945 Date:10/04/2011
11/22/2010 ORDER OF SALE RETURNED 82.50ENDORSED. DAVID W DOAK POCTY SHERIFF. (SEE IMAGE) Receipt:215944 Date: 11/22/2010
4_ )^
p
/Y• 11/05/2010 ENTRY WTi'HDRAWING PROPERTY 2.00FROM SIHERIFFS SALE GRANTED.Receipt: 215944 Date: 11/22/2010
3) ';f i 1/03/2010 MOTION TO CANCEL SHERIFFS 0.00SALE FILED. (ORDER SUBMITTEDTO JUDGE). Attorney: ANNOS,GEORGE (60075)
11/0212010 NOTICE UNDER RULE 58B ISSUED 8.00TO A1TYS/PARTIES BY REGULARMAIL AND/OR FACSIMILE. RULE 58(NOTICE) Sent on: 11/02/2010 08:39:35Receipt: 215944 Date: 11 12212010
11/01/2010 TT IS THEREFORE ORDERED THE 2.00DEFT'S MOTION FILED 10/27/2010 ISOVERRULED. IT IS SO ORDERED.(SEE IMAGEXR58) Receipt: 215944
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
http://www.co.portage.ah.us/pa/pa.urd/pamw2000*docket lst?53773703
0
d
d
d
d
d
d
t1
d
^
tl
d
^
^
Page 2 of 6
2/22/2012
z)
Public Access - Docket List
Date: 11/22/201010/27/2010 VERIFIED EMERGENCY MOTION TO 0.00
SET ASIDE JUDGMENT, CANCELSALE AND DISMISS ACTION FORFAILURE OF JURISDICTION ANDLACK OF STANDING FILED. Attorney:PRO SE ()
10/27/2010 PROOF OF PUBLICATION F[LED. 0.00LEGAL NEWS-5297.00
10/1112010 NOTICE OF SHERIFF'S SALE FI1.ED. 0.00SALE SET FOR 11/8/2010 AT 11:00AM.
07/30/2010 APPRAISAL FEES TO WENDY 50.00BORRELLI
07/30/2010 APPRAISAL FEES TO RUTH E 50.00STEPHENS
07/30/2010 APPRAISAL FEES TO WILDFIRE 50.00ENTERPRISES INC
07/30/2010 LAND APPRAISEMENT FILED. 0.00APPRAISED AT S120,000.00
06/23/2010 PRECIPE FILED. ORDER OF SALE 2.00ISSUED TO THE SHERIFF OF POCTY. Receipt: 214181 Date: 10/27/2010
0.00 d
0.00
0.00
0.00
0.00
0.00
0.00
0.00
06/23/2010 ORDER OF SALE DEPOSIT FOR 150.00 0.00APPRAISER FEE Receipt: 204887 Date:06/23/2010
04/28/2010 DEFTS MOTION STYLED 2.00OBJECTION TO PLTFS JUDGMENTENTRY AND DEFTS MOTION TORECONSIDER JUDGMENT ENTRYARE DENIED. IT IS SO ORDERED.(SEE IMAGE) Receipt: 214181 Date:10/27/2010
04/28/2010 COPY OF CERTIFICATE OF 0.00ASSIGNMENT FROM THE SUPREMECOURT OF OH1O FOR HONORABLEJOSEPH R KAINRAD. (SEE IMAGE)
04/23/2010 DEFT'S MOTION TO RECONSIDER 0.00JUDGMENT ENTRY FLI.ED. Attomey:PRO SE (DANIEL G SCHAEFFER)
04/12/2010 FAILURE OF SERVICE OF R58/53D 0.00NOTICE AND COPY OF JOURNALENTRY ISSUED BY THE CLERK OFCOURTS BY REGULAR MAILRETURNED.
03/25/2010 NOTICE UNDER RULE 58B ISSUED 16.00TO ATTYS/PARTIES BY REGULARMAIL. Receipt: 214181 Date: 10/27/2010
03/24/2010 DEFTS OBJECTION TO PLTF'S 0.00JUDGMENT ENTRY FILED.
03/24/2010 DECREE OF FORECLOSURE 10.00GRANTED. (58B) Receipt: 214181 Date:10/27/2010
03/19/2010 FINAL JUDICIAL REPORT FILED. 0.00GEORGE ANNOS (Attorney) on behalfof BAC HOME LOANS SERVICING LP(PLAINTIFF)
02/26/2010 IT IS THEREFORE, ORDERED THAT 2.00THIS CASE SHALL COME ON FORNON-ORAL HEARING ONSUMMARY JUDGMENT 21 DAYSFROM THE DATE OF THIS ENTRY.SO ORDERED. Receipt: 214181 Date:10/27/2010
02/16/2010 MOTION FOR SUMMARY 0.00JUDGM.ENT FILED. Attomey: ANNOS,GEORGE (60075)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
d
d
d
d
d
d
t!
d
tf
d
d
d
d
d
http://www.co.portage.oh.us/pa/pa.urd/pa1nw2000*docket lst?53773703
Page 3 of 6
2/22/2012
Public Access - Docket List
02/09/2010 HEARING SCHEDULED: Event:STATUS CONFERENCE Date:03/30/2010 Time: 11:00 am Judge:BERGER, ROBERT Location:COURTROOM #2
02/09/2010 NOTICE OF HEARING ISSUED BYASSIGNMENT COMMISSIONERS.(SEE IMAGE) GENERAL HEARINGNOTICE Sent on: 02/09/201014:50:22Receipt: 214181 Date: 10/27/2010
02/04/2010 NOTICE UNDER RULE 58B ISSUEDTO ATfYS/PARTIES BY REGULARMAIL. Receipt: 214181 Date: 10/27/2010
01/29/2010 PLTFS MOTION TO DISMISS THECOUNTERCLAIM IS GRANTED. IT ISSO ORDERED. (R58) (SEE IMAGE)Receipt: 214181 Date: 10/27/2010
01/27/2010 DEFT'S OBJECTIONS TO PLTFSMOTION TO DISMISSCOUNTERCLAIM FILED.
12/30/2009 PLTFS MOTION TO DISMISSCOUNTERCLAIM FILED. Attorney:ANNOS, GEORGE (60075)
12/30/2009 ANSWER TO COUNTERCLAIMFILED. GEORGE ANNOS (Attorney) onbehalf of BAC HOME LOANSSERVICING LP (PLAINTIFF)
12/09/2009 NOTICE UNDER RULE 58B ISSUEDTO ATTYS/PARTIES BY REGULARMAIL. Receipt: 214181 Date: 10/27/2010
12/09/2009 PLTF BK OF BAC HOME LOANSSERVIING LP TO STRIKE DEFTSPLEADINGS IS DENIED. (R58B) TT ISSO ORDERED. (SEE IMAGE) Receipt:214181 Date: 10/27/2010
11/04/2009 DEFT DANIEL G SCIIAEFFERSMOTION IN OPPOSITION TO PLTF'SMOTION TO STRIKE FILED. Attomey:PRO SE ()
10/22/2009 PLTFS MOTION TO STRIKE FILED.Attorney: ANNOS, GEORGE (60075)
10/05/2009 DEFTS' RESPONSE TO COMPLAINT& COUNTERCLAIM FILED. DANIELG SCHAEFFER (DEFENDANT);LAUREN E SCHAEFFER(DEFENDANT); Receipt: 185000 Date:10/06/2009
10/05/2009 DEPOSIT RECEIVED FORCOUNTERCLAIM FROM DANIEL GSCHAEFFER Receipt: 184929 Date:10/05/2009
09/29/2009 FINAL JUDICIAL REPORT FILED.09/29/2009 MILTTARY AFFIDAVIT FILED.09/29/2009 PLTFS MOTION FOR DEFAULT
JUDGMENT FILED. (ORDERSUBMi1"I'ED TO JUDGE). Attomey:ANNOS, GEORGE (60075)
09/29/2009 ORDER OF SALE DEPOSIT FORAPPRAISER FEE Receipt: 184497 Date:09/29/2009
08/31/2009 ANSWER FILED. NICOLE RRANDALL (Attorney) on behalf of0190 DEPT OF TAX (DEFENDANT)
08/21/2009 DEFTS MOTION FOR LEAVE TOPLEA IS GRANTED AND DEFTSHALL HAVE 30 DAYS TO FILERESPONSE. IT IS SO ORDERED. (SEE
0.00 0.00
4.00 0.00
16.00 0.00
4.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
16.00 0.00
4.00 0.00
0.00 0.00
0.00 0.00
25.00 0.00
25.00 0.00
0.00 0.000.00 0.000.00 0.00
150.00 0.00
0.00 0.00
2.00 0.00
http://www.co.portage.oh.us/pa/pa.urd/pamw2000*docket_lst?53773703
d
is
is
tl
tl
tl
Is
d
12
d
t2
d
id
t1
Is
d
Page 4 of 6
2/22/2012
Public Access - Docket List
IMAGE) Receipt: 214181 Date:10/27/2010
08/20/2009 MOTION FOR LEAVE FILED. DANIEL 0.00G SCHAEFFER (DEFENDANT);
08111/2009 COSTS FOR REGULAR MAIL 2.00SERVICE. FAILURE OF SERVICENOTIFICATION Requester NotifiedTracking number: 7160390198484860396Receipt; 214181 Date: 10/27/2010
08/11/2009 UNSUCCESSFUL SERVICE Method : 0.00CERTIFIED MAIL (GEN DIV) Issued :07/21/2009 Service : SUMMONSSetved : Retum : 08/11/2009 On :SCHAEFFER, DANIEL G Signed By :Reason : CP- UNSUCCESSFULComment : UNCLAIMED Tracking #:7160390198484860396
07/31/2009 SUMMONS RETURNED ENDORSED.DAVID W DOAK PO CTY SHERIFFAND/OR PROCESS SERVER (SEEIMAGE FOR RETURN)
07/27/2009 SUCCESSFUL SERVICE Method :CERTIFIED MAIL (GEN DIV) Issued :07/21/2009 Service : SUMMONSServed : 07/23/2009 Return : 07/27/2009On : OHIO DEPT OF TAX Signed By :STEVE ATKINSON Reason : CP-SUCCESSFUL Comment : Tracking #:7160390198484860398
07/24/2009 SUCCESSFUL SERVICE Method :CERTIFIED MAIL (GEN DIV) Issued :07/21/2009 Seivice : SUMMONSServed : 07/22/2009 Return : 07/24/2009On : SCHAEFFER, LAUREN E SignedBy : LAUREN E SCHAEFFER Reason :CP- SUCCESSFtJL Comment : Tracking#:7160390198484860397
07/21/2009 Issue Date: 07/21/2009 Service:SUMMONS Method: (CP) PERSONALOR RESIDENTIAL SERVICE Provider:PROCESS SERVER Cost Per SSCHAEFFER, DANIEL G 10286ELLIMAN RD STREETSBORO, OH44255 Traoking No: R0000I0191SCHAEFFER, LAUREN E 10286EL-LIMAN-RD STREETSBORO, OH44255 Tracking No: R000010192
07/21/2009 SUMMONS AND COPY OFCOMPLAINT & MEDIATION NOTICEISSUED TO PROCESS SERVER.Receipt 178643 Date: 07/21/2009
07/21/2009 Issue Date: 07/21/2009 Service:SUMMONS Method: CERTIFIED MAIL(GEN DIV) Cost Per: $ 8.00SCHAEFFER, DANIEL G 10286ELLIMAN RD STREETSBORO, OH44255 Tracldng No:7160390198484860396 SCHAEFFER,LAUREN E 10286 ELLIMAN RDSTREETSBORO, OH 44255 TrackingNo: 7160390198484860397 OHIO DEPTOF TAX 150 E GAY ST COLUMBUS,OH 43215 Tracking No:7160390198484860398 Receipt: 178643Date: 07/21/2009
07121/2009 SUMMONS AND COPY OFCOMPLAINT & MEDIATION NOTICEISSUED TO DEFTS BY CERTIFIEDMAIL. Receipt: 178643 Date: 07/21/2009
0.00
0.00
0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
4.00 0.00
24.00 0.00
6.00 0.00
Page 5 of 6
d
d
tl
tl
http://www.co.portage.oh.us/pa/pa.urd/pamw2000*docket lst?53773703 2/22/2012
Public Access - Docket List
07/17/2009 INSTRUCTIONS CERTIFIED AND 0.00 0.00 dPROCESS FILED. (SEE IMAGE)
07/17/2009 PRELIIvII.NARY JUDICIAL REPORT 0.00 0.00FILED.
07/17/2009 DEPOSIT RECEIVED Receipt: 178510 208.50 0.00Date: 07/17/2009
07/17/2009 COMPLAINT FILED. ACTION: 141.50 0.00 i'1FORECLOSURE Receipt: 178510 Date:07/17/2009
Page 6 of 6
http://www.co.portage.oh.us/pa/pa.urd/patnw2000*docket Ist?53773703 2/22/2012
lilay.2]. 1006 11:55Atd Chambers of Judge Sara Lioi No.0454 P. 2
Cm 5:08cw-01280-3l. Dowment 3 FMd 05I2772006 Ptp 1 at 6
e
[JNYTSD STATES DISTRIC'T CO[JRT CONORTHRN DISTRI(.'T OF OMO
EASTSRN DIVISION ^ . . '
EMELDA SNYPL,)
Pl^ ))
v. ))
FiRST PRAMCLW CORP.et al„ ))
DaC^nd^nti. )
CASE NO. S:09 CV 1280
n7Dt3Is sARA UOI
1MORANDUM OF OPINtONAAiD ORUBR
On Moy+ 23, Z008. pro a Pkbstllf 'I.w1da $oyM Ned mfr aetioa WbW Pit+tt
Fmoldm Cwpanroion of 8m 708e, Califoeuia ("Fitrt Fnnldid). nrd t1r Portw CouaRy
$miffo DspwMma In tb0 0=PIWM pkinfl^ flWgi dttt b0[ poOCty i/ Q1CAt tD OM at
derWs u1e pmnt to a judgneent in axnctoaar. Slae wb an fqJnnation pravenfttlse: ak.
..ftnwmd- 5^ Ms. 8nypr ia oun"tty tbe defiodmst bt m cn-No* Rneoloiaae wtian m Portsae
Cowsty, Olsio. A ju*meat ia faror of Firat Ft>diro was iwued oa 7m 23.2006. INa, Snype
filed for bab4*y fod a sor} ► wa itwed tD pesvrat tbe Mle of ttae prppaty. The sOty hs bam
Ubed wd &e w1e ia whwolad to prooood. Ms. Saype oleimr sLe did not rvoave s aepwte
b@Wq for t'6e We tod oontaab *o au deoied due ptooep. Sbe aedo an 6amediste
iqjunadao to pivvqot tbo nio.
FXN/$l T E
Lawriter - ORC - 2329.13 Notice of sale of goods on execution - setting aside or confirma... Page 1 of 2
2329.13 Notice of sale of goods on execution - settingaside or confirmation of sale.(A) Goods and chattels levied upon by virtue of an execution of a court of record shall not be sold until
both of the foiiowing occur:
(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, the judgment creditor whoseeks the sale of the goods and chattels or the judgment creditor's attorney does both of the following:
(i) Causes a written notice of the date, time, and place of the sale to be served in accordance withdivisions (A) and (B) of Civil Rule 5 upon the judgment debtor and upon each other party to the action
in which the judgment giving rise to the execution was rendered;
(ii) At least three calendar days prior to the date of the sale, files with the clerk of the court thatrendered the judgment giving rise to the execution a copy of the written notice described in division(A)(1)(a)(1) of this section with proof of service endorsed on the copy In the form described In division
(D) of Civii Rule S.
(b) Service of the written notice described in division (A)(1)(a)(i) of this section is not required to bemade upon any party who is in default for failure to appear in the action in which the judgment giving
rise to the execution was rendered.
(2)(a) Subject to division (A)(2)(b) of this section, the officer who levies upon the goods and chattels
gives pubiic notice of the date, ti►ri,e and place of the sale for at least ten days before the day of saie
by advertisement in a newsoaoer pubiished in and of general circulation in the county. The courtorderi e sale may designate in the order of sale the newspaper in which this public notice sha
published..r,
(b) If the goods to be sold are merchandise or inventory used In connection with a trade or businessand If the sale Is to satisfy a judgment in favor of the state or one of its political subdivisions fordelinquent taxes, public notice of the sale shall be given by advertisement in a newspaper published inand-of-generai circulation in the county once a week for three weeks preceding the date of the sale. Inthe case of a sale of goods used in connection with a trade or business, notice of the location, date,
and nature of that sale also shall be conspicuously posted on the premises where the trade or businessis can'ied on and on the premises where the goods to be sold are kept if they are located elsewhere.
(B)(1) A sale of goods and chattels levied upon by virtue of an execution of a court of record may be
set aside In accordance with division ( B)(2) of this section.
(2) Subject to divisions (B)(3) and (4) of this section, all sales of goods and chattels ievied upon by
virtue of an execution of a court of record that are made without compliance with the written notice
requirements of division (A)(1)(a) of this section and the public notice requirements of division (A)(2)of this section shall be set aside, on motion, by the court to which the execution is retumable.
(3) Proof of service endorsed upon a copy of the written notice required by division (A)(1)(a) of thissection shall be conclusive evidence of the service of the written notice in compliance with therequirements of that division, unless, prior to the confirmation of the sale of the goods and chattels asdescribed In division (B)(4) of this section, a party files a motion to set aside the sale pursuant to
EX//IBIT rg/27/20,,http://coc3es.ohio.gov/orc/2329.13
The foliowing property Is accepted for value, exempt from levy, and herewith registered in Commercial Chamberand lienedat a sum certain $25,000,000.00 aod is Private Property of Secured Party as autborized representative of the Debtor. ThisPrivate Property is exempt from State, county, and city taxes: property described as; single famlly dwelBng 4 bedroom 5bathroom, 4 car garage: Situated in th.e city of Aurora, County of Portage and State of Ohio: and known as being Sublot No.69 in Barrington Subdivision No.1. being part of Original Aurora Township Lots Nos. 8, 9,15,16 and 17, as shown boy the
recorded Plat in Volume 91, Page 43 of Portage County Records (Sublots), together with all right created 7Pby the Master
Declaratton of Covenauts, Conditions, Easements and Restrictions of Barrington, Aurora, Ohio recorded in Volume 1t16,page 528 through 600 of Portage county Records, Located at 350 Aberdeen Lane, Aurora, Ohio 44202 PPN# 03-0160-000-097Before any of the above can be disbursed, exchanged, sold forfeited, gifted, transferred, surrendered, conveyed, destroyed,disposed of, or otherwise removed from DEBTOR'S possession, Secured Part must be satisfied in full, via SettlementAggreement via Certified Bank Check or BiQ of Exchange and acknowledgment of same.Bill of Saie/Purchase Agreement signed 8/20/0510^ 11^1 /) -6 i0 3 n?
Secured Party- ^lntomaGonal Associatron t Com sl Adminictratc
FILING OFFICE COPY - UCC FINANCING STATEMENT (FORM UCC1) (REV. 05122102) „
RECEIVED FOR RECORCc hi. Ni^y i- ^:..^l.:,- i... "
UCC FINANCING STATEMENT ! L i 1,0 1 9 ; U L I , 0$
The fonowing property Is accepted for value, exempt from levy, and herewith registered tn Commercial Cnamoer ano neneaat a sum certain $25,000,000.00 and is Private Property of Secured Party as authorized representative of the Debtor. ThisPrivate Property Is exempt from State, county, and city ta:es: property described as ; single famity dweUing 4 bedroom 5bathroom, 4 car garage; Situated in the city of Aurora, County fo Portage and State of Ohio; and knuwn as being Subiot No.69 In Barrington Subdiviston No. 1, being part of Original Aurora Township Lots Nos. S, 9,15,16, and 17, as shown buy therecorded Piat in Volume 91, Page 43 of'Portage County Records (Sublots). together with alf rigbt created by the MasterDeclaration of Covenants, Conditions, Easement and Restrictions of Barrington, Aurora, Ohio recorded ia Volume 1116,page SZS througb 600 of Portage county Records, located at 350 Aberdeen Lane, Aurora, Ohio 44202 PPN# 03-0160-000-097.Before any of the above can be disbursed, exchanged, sold forfeited, gifted, transferred, surrendered, conveyed, destroyed,disposed of, or otherwise removed fram DEBTOR'S possession, Secured Part must be satistied in full, via SettiemeatAgreement via Certitied Bank Check or BiU of Exchaqge and acknowledgment of same. BtU of Sale/Purchase Agreement
signed 8/20/05 #200610393
RECEIYED FOR RECORJBON!IIE M. HOV;E( p ?'(
P -.5.11 - C 0 1 ,^f; Y RE CC'^
1 070 FEB-309UCC FfNANCING STATEMENT , r-, 1A . J)a
AFFIDAVIT OF FACTS
Now comes Jeff Ulsh, affiant, who swears the following:C^ cop`(
1) 1 am Owner and President of Federated Land Title Agency.2) Federated Land Title has knowledge of the Quit Claim deed between Deutsche
Bank National Trust Company as Trustee for First Franklin Mortgage Loan Trust2006-FF3, Mortgage Pass-Through Certificates, Series 2006-FF3 and ResidentialFunding Real Estate Holdings, LLC, for the property commonly known as 350Aberdeen Lane, Aurora, OH 44202
3) No money or other tangible or valuable consideration is or will be paid for thistransaction, and the transaction is not a gift.
4) This is a transfer to a holding company, and is necessary for the future servicingand sale of this property.
Further Affiant sayeth naught.
Jeff Ulsh
State of OhioCounty of Hamilton
I CERTIFY THIS TO BE ATRUE COPY O AUDIT RS ^R 0CiT 140o 1'TE JANET POSITO
€TOR
Signed and sworn before me, Robert Chiller, a notary in and for the State of Ohio, this26th day of October, 2009.
Notary Public
Ha^ERT CWILI.ERNotary PuWia. State et Ohio
My Commissqn ExpirasApril 7, 269g zcaq ^
Aecorded in gutler Coe,n4y
F.XN/B/T ,j
DTE FORWI It0 ^^^,^^ ^ - ^ ♦Revised by Ctunty Auditor PROPERTY CONVEYANCE FEE STATEMENT OF VALUE AND RE TDusty Rhocie; 12/98=" If exempt by O.R.C. 319.54 (F) (3), Use QTE Form 100 (Ex)
\ 0.C^TYPE Oti PIRINT ALL IIy^F^RMATiON SEE INSTRUCTIONS ON REVERSE SIDHIl
FOR COUNT U OR'S USE ONLYType Tax List q County
Year Number
Property L ocated inName on Tat DuplicateAcct. or Pernanent Parcel NoDescription.
AUDITOR' SCOMMENTS {q Split 11 New Platq C.A.U.V. O Building Remoyedq New Im provements p Partial Value q Other _
1. Grantor: Q-.;jd.rtiat A,^ trf rt= lCtoAddress -
2. Grantee Arvu Ajo,3 Addressof Property:4 GRAN'T€E'S Permanent Mailing Address
5 Tax Bi i fing Address (if different than
NurhberDate
Al U Taxing District u er
^ ax Dupficate Year^ Map Book Page
q Piatted qUnplatted No ^I Parcets
D E Code No^^^:J►' ^ ^ ^ '
OWNER OCCUPIED q Yes C] No Neigh CoderIONS IN THIS SECTION
Phone:Ootione
^tc c^-E4 llvu wt ^t izhorte:tiona
different than ad s oi ro rty):
of propeity):
6. Are ttyare buildings on the land? No Yi3s_^ {(^te(uiies infor tionelow
,/ '1.2 or 3 family Manufactured Home^^^^ i
__ _Condominium „Apartment - Number of Units -^-
Farm Building - OtherIf land is vacant, what is intended use? g;t
7 Conditions of sale (Check all that apply):__Grantor is a relative Part Interest Transferred _Grantor is a Mortgagee Land Contract
Cil Trade ^ Life Estate LeasehoidMineral Rights Reserved Leased Fee r Other._
8(A) New Mortgage Amount it any) $ ^(B) Balance Assumed (if any) 1^..'.'......^---(C) Cash (if any). ............... ..... ....... f.............. ...... ............ ............. ... $(D) Total Consideration (8A + 88 + ) ....... ... ...^^q.^'^..^^'.,.r.. .......... ............ ffi y4 DcQ(E) Portion, if any. of total consideration
other than property(F) Consideration for real property on which fee is to be paid (8D minus 8E) ..... $.___ .^'^K^r3yC^ " _(G) If gilt. in whole or part. estimated market value .................. .............................. .. .... $(H) Type of mortgage Conventional _FHA VA ____Other(I) Name of mortgagee ^.^;.^ r^r^4'1 S^tix^- L^%r^
9 Grantor indicates that this property is entitled to receive the senlor citizen. disabled person, or survivin^Q spouse home^stead
exemption for the preceding or current tax year NO_^r YES_I 1q^iQrRE ^10. Grantor indicates that this property qualifies for current agri Itural use vArW*S3E14t^pQF66 P84ear`
NO YES_j02 req d
11 Application for 2•t/2°t• Reduction (NOTICE: failure to complete this applic f^j^ he ow rreduction until another proper and timely application is filed) WiII this pr gran ee s pr^ (faE^ilt^iyTd
January t of next year? YES 3NO AUDITOR
If yes, is the property a multi-unit dwelling? YE5 NO
I DECLARE UNDER PENALTIES OF PERJURY THAT THIS STATEMENT HAS BEEN EXAMINED BY ME AND TO THE BEST
OF MY KNOWLEDGE AND BELIEF IS A TRUE, CORRECT AND COMPLETE STATEMENT.
f^l^J^^Y'/3 fPRINTED NAME olr+RANTEE or REPRESENTATIVE SIGNATURTUH 0 R7t'h41RTEE^or REPRESENTATIVE^ _^.. ^ D E
RECEIPT PAYMEN OF CONVEYANCE FEETh^ yar ce fee req^i^ed^bp section 319 54 (Ff ' C.. a it ap t e fee required by Chapter
$__ ^fasb^eft paid by and receiv d by
DATE
FN0-7f Acres
L nd V 7o-'
tal yaluth
DTE Use ONy
DTE Use Only
DTE Use Only
sid rattonU
F
Valid Satet. YES _ 2. NO
K
{ Receipt Number
R.C.. in the t^l ount cI4jAb0V0! County Auditor.
tAXWAM.I.EiAl.OBOMIOM
^ ^^^^ ^•zozaa ^
TRAF1SFERREOs.o. ata.a<i
o esc. a14.2c12
JAN 20 2010 (a-
UPo^t^W^ Auditor
Paioet Number: 03-016-00-00-097-000
INDEXED
PORTAGE ICO RECORdFR
20100062bii: CEi ORD
ATFEE ^
After recording ratum to:Federated Land Title Agency10250 Alliance Road. Ste. 125Cincinnati, Ohio 45242File No.: LLOH1243
10 JAN 20
r . V
\,
SPECEAL WARRANTY DEEDRE9DENTIAL FUNDING REAL ESTATE HOLDINGS, LLC ("Grantor') for valuable consideration paid,granis, remises, aliens and wnveys1 but without recourse, representation or warr3pty , except as expressedhsnln, to ANNE MORGEN COSTri RUSTEE OF THE ANNE MORGEN COST f2EVOCABLE TRUSTDATED SEPTEMBER 2, 2009 ("Grantee') all of the Grantor's right, tltie, and interest in and to that certaintraQor parcel of land commonly known as 350 ABERDEEN LANE, AURORA, OH 44202 and situated intheCounty of PORTAGE, State of Ohio, and described as follows:
Situ3ted in the City of Aurora, County of Portage and Stata of Ohio:And known as beingSublot No. 69 In Barrington Subdivision No.1, being part of originet Aurora TownshipLots No's 8, 9, 15, 16 and 17, as shown by the recorded plat in Volume 91, Page 43 of Portage CountyRemrds (the Sublot or "Subiots"), together with all right created by the Master Deciaration of Covenants,Canditions, Easements, and Restriotions of Barrington, Aurora, Ohio recorded in Volume 1116, page 528thro-gh 600 of Portage County Records. Be the same more or less, but subject to alt legal highways.
Parcet No: 03-016-00-00-097-000
Moie Commonly Known As: 350 Aberdeen Lane, Aurora, OH 44202
DEED REFERENCE: 200805471Sublect to and together with a0 easements. restrictions and legal highways, if any, of record.
Pria lnstrument Reference: 200917846
And Grantor, for itseH and its successors does covenant, promise and agree, to and wtth Grantee,Grantee's heirs and assigns, that Grantor has not done or caused to be done anything whereby thePremises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited;and that Grantor will speciafly warrant title to the Premises, against all person iawfuily claiming or who mayclaim the same, by, through or under Grantor but not otherwise. V/'
RESIDENTIAL FUNDING REAL ESTATE HOLDINGS,
By:21
WEPF1811112WPrint Ns : jk
IMILFAW
Tiue:
State of
^ SS:
County of
£X//I&TL
_ ,•,
Beit remembered, that on this a day ofr^ ^[^+!^ ^95;'^ re me, the subscriber, a NotaryP oblic in a d for said County and State, perso aE ity came a r••+^ the
^' of RESIDENTIAL FUNDING REAL ESTATE HOLDINGS, LLC, the Grantor inthi foregoing Deed, and Acknowledged the signing hereof to be his/her and Its free and voluntary act anddeed on behaN of the Corporation. In testimony thereof, I have hereunto subscribed my name and affixedrrs ► notariai seal on the day and year aforesaid.
tnaa^ta^ seai)
^►cwnuA Notary Public^tr^ ►pa^s
APRILl.TOt2
s stnimant was prepared by and retum to:Federated Land 7ltle10250 Alliance Rd., Ste. 125Cincinnati, OH 45242
Wage and Income Transcript
SBX Provided: 271-72-9006
Tax Period Reqquested: Beaftn&Mra 20"
><'age 1 of I
Form 1{!"-A Acquisition or Abandonment of Secured Property
kiQlulQ='Y
Lender's Federal Identification Number ( FIN): 592645397
NATIONAL CITY HOME LOAN SERVICES INCINTERNAL REV^^^ SERVICE
150 ALZ,EGEfBw C>SN'lEit "ALL w& r R FIELD ASSISTANCEPITTSBURGH, PA 15212-0000 CLEVELAND , Oh! 44199
sWX=ZroMSZ.:
Borrower's identification Number: 271-72-9006
EMELDA SNYPE
350 ABEEIkE= Lffi
AURORA, OH 44202-0000
.lu% 13 - cri'll
RECEIVED26606
Submission Type- flriginal document
Account Number:MTG1044607383
Date of Lender's Acquisition or Knowledge of 12-18-2006Abandonment:
Balance of Principal Outstanding: $640,000.00
Fair Market Value of Property: $834,000.00
P7as Borrower Personally Liable for Repayment vP the "Y° Box Checked (PersonallyDebt?: Liable)
Description of Property: 350 ABEBMSM LZF AURMA cm '^262
This Product Contains Sensitive Taxpayer Data
Go,Q(, >
1,&r m,exNhttps://eup.eps.irs.govlPQRTAL-PR,OD/psc%CRM/EMT'LOYEEfCRM/c/1(DS. 1VIENU ARS.T... 6/13/201 1
Retjtle8.r J)aL.e: Vo-t.s-auti
iliT^almd Income Transcript Response
Date: 06-13-2011
Tracking Number: 100101700273!^
IN THE COURT OF COMMON PLEASPORTAGE COUNTY, OHIO
EMELDA SNYPE,
Plaintiff,v.
ALL AMERICAN INSPECTION, LLC,et al.,
Defendants.
***
COURT OF CrOMMON PLEAS
DEC 19 2011
LINDA K. FAhKFJAUSER , CLERK^RTA6E CCIUNTX ^
CASE NO. 2010 CV 1279
JUDGE JOHN A. ENLOW
ORDER AND JOIIRNAL FsNTRY
This matter is before the Court, sua sponte, to voluntarily
recuse myself from the hearing of motions filed by Defendants All
American Inspection, LLC, Paula K. Marquard, and Robert Beverage
and Defendants identified as AC Loan Care and Adam Stodnata, aka AC
Lawn Care and Adam Cognata to determine if Plaintiff Emelda Snype
("Plaintiff") is a vexatious litigator and for sanctions against
her.
In the past I had presided in a foreclosure action filed
against Plaintiff, Deutsche Bank National Trust Company v. Emelda
Snype, Portage Cty CP Case No. 2006 CV 0451, involving Plaintiff's
loss of her condominium. The nresEnh raaa ;n<..,1<.e^. ....u... __^
litigation brought by Plaintiff, which is directly related to that
foreclosure action.
In this present case Plaintiff filed a motion to recuse myself
for unethical and illegal conduct and inability to be fair and
impartial. I refused Plaintiff's request as there was no legal or
factual basis for my recusal in that case.
EXi//131T Al
Since that time, Plaintiff has filed two mandamus actions in
the Eleventh District Court of Appeals, Emelda Snype v. John Enlow,
Judge, llth District Case No. 2011 PA 0095, and F`̂ nelda Snype v.
John Enlow, Judge, llth District Case No. 2011 PA 0096, both
accusing me of bias, multiple unspecified offenses, and official
corruption. These cases are currently active.
Although none of Plaintiff's allegations have any basis in
fact or law, I have concluded to voluntarily recuse himself in
order to avoid any appearance of impropriety or prejudice against
Plaintiff in this matter.
IT IS THEREFORE ORDERED that, sua sponte, I recuse myself from
hearing the motions filed by Defendants All American Inspection,
LLC, Paula K. Marquard, and Robert Beverage and Defendants
identified as AC Loan Care and Adam Stodnata, aka AC Lawn Care and
Adam Cognata to determine if Plaintiff Emelda Snype is a vexatious
litigator and for sanctions against her.
The Clerk is directed to serve upon all parties notice of this
judgment and its date of entry upon the journal in accordance with
Civ. R. 58(B).
SO ORDERED.
JOHN A. LOWJUDGE, OURT OF COMMON PLEAS
cc: Smelda Snype, PlaintiffFrank Leonetti, III, Attorney for All AmericanJames M. Stanovic, Attorney for AC Loan CarePattiJo Malnar, Attorney for AC Lawn Care
2
IN THE COURT OF COMMON PLEASPORTAGE COUNTY, OHIO
EMBLDA 13:VYPPl,
Plaintiff,v.
ANNE MO:RJAN COST, TRUSTSB,
Defendant.
,^**
FiLEDCWRT OF CO ON FiFAS
DEC 19 2o11
LINpA K. FANKHAUSERCLF.HKd^t^^.► O^rArF
CASE NO. 2011 CV 1192
JUDGE JOHN A. ENLOW
ORDER AND JOtTRNAL LNTRY
This matter is before the Court, sua sponte, to voluntarily
recuse inyself from the hearing of a motion filed by Defendant Anne
Morgan Cost, Trustee, to determine whether Plaintiff Emelda Snype
("Plaintiff") is a vexatious litigator and for sanctions against
her.
In the past I had presided in a foreclosure action filed
against Plaintiff, Deutsche Bank National TrustCompany v. Emelda
Snype,Portage Cty CP Case No. 2006 CV 0451, involving Plaintiff's
loss of' her condominium. The present case involves subsequent
litigation brought by Plaintiff, which is directly related to that
foreclosure action.
Since that time, Plaintiff has filed two mandamus actions in
the Eleventh District Court of Appeals, Emelda Snype v. John Enlow,
Judge, 21th District Case No. 2011 PA 0095, and Emelda Snype v.
JohnEnlow, Judge, llth District Case No. 2011 PA 0096, both
accusing me of bias, multiple unspecified offenses, and official
corruption. These cases are currently active.
1
IN THE COURT OF COMMON PLEASPORTAGE COUNTY, OHIO
FILEDCOURT OF COMMON PLEAS
20 December 2011
File Copy LINDA K. FANKHAUSER, CLERKPORTAGE COUNTY, OHIO
NOTICE OF HEARING
EMELDA SNYPE CASE: 2011 CV 01192
PLAINTIFFVS.
ANN MORGAN COSTDEFENDANT
HEARING ON VEXATIOUS LITIGATOR AND FOR SANCTIONS IN THE
ABOVE ENTTTLED CASE HAS BEEN SCHEDULED ON Ja_nuarv 26,2012 AT 9:00am BEFORE JUDGE H F INDERLIED, JR, COURTROOM #2.
PAMELLA J. KRYSIAKASSIGNMENT CONIlvIISSIONERCOI7RT OF COMMON PLEAS(330) 297-3866
CC:EMELDA SNYPEJAMES O'CONNORCYNTHIA A LAMMERT
SCANNED
ETyi/a3,T 0
FILEDCOURT OF COMMON PIF
Jr:N 11 2012
LINDA K. FAP1l:NA( CLE
=N T58 COURT OF CO1rII+ION I'LSASPORTAGS COUNTY, O8=O
EMELDA SNYPE,
Plaintiff
-vs-
ALL AMERICAN INSPECTION, et al.,
Defendants
CASE NO. 2010 CV 01279
JUDGE H.F. INDERLIED, JR. (Ret.)
(By assignment #11 JA 2877
of the Chief Justice of
the Ohio Supreme Court)
ORDER OF T88 COURT
This matter coetes on for consideration on January 4, 2012, upon the
Court's own motion to establish filing procedures in the within matter.
IT IS 81CRRH=pRDSMO that counsel for the parties submit time-staa
►ped
copies of any document filed with the Clerk of Courts to:
PAMEI.LA J. 1CRXSIAK1lSSIGN"11T COHIMISSIONSRPORTAGE COURITY COURT OF COMMON PLEAS
203 WEST MAIN STREETRAVENNA OR 44266-2778
^ F^ ^^ ^ ^^ ► ^at
F. INDERLIED, J., JUDGE
cc: Emelda Snype, prosEand Frank Leonetti, III, Esq•
Brian C. Lee, Esq.,
P.J. Malnar, Esq.
EXyi13ir P
for submission to the undersigned.
FILEDCOURT OF COMMON PLEAS
JAN 1 8 2012
LINDA K. F ANKFiAL.^Sr'R, CLERK(;! i^!»
IN THE COURT OF COMMON PLEAS
PORTAGE COUNTY, OHIO
EMELDA SNYPE, CASE NO. 2011 CV 01192
PlaintiffJUDGE H.F. INDERLIED, JR. (Ret.)
-vs- (By assignment #11 JA 2877of the Chief Justice of
ANN MORGAN COST, . the Ohio Supreme Court)
Defendant . ORDER OF THE COURT
This matter comes on for consideration on January 14, 2012, upon
the Court's own motion to consider pre-hearing issues.
The Court finds as follows:
1. The sanctions portion of defendant's motion may proceed as
scheduled. The pending appeal by plaintiff is collateral.
2. The vexatious litigator portion of defendant's motion is
not well taken due to improper form.
Discussion
1. Statement of the case.
Defendant Anne Morgan Cost, Trustee ("Cost") is
represented by Cynthia A. Lammert, the bank's attorney.
Cost purchased plaintiff's former condominium at Sheriff's
Sale. Plaintiff filed this case as a writ of replevin against Cost
to have the condominium title returned to plaintiff. A hearing was
held before the Magistrate, who denied plaintiff's writ and
ExHavr
Case No. 2011 CV 01192
Page -2-
dismissed plaintiff's action. The Court confirmed the Magistrate's
decision, and plaintiff's action was dismissed.
Plaintiff has filed an appeal of this decision to the
Eleventh District, Case No. 2012-PA-0001, which remains pending.
(The Magistrate's hearing transcript was ordered, but could not be
prepared because of failure of the recording system.)
2. Discussion.
R.C. 2323.51(B)(1) provides, in pertinent part,
. .. at any time not more than thirty days after the
entry of final judgment in a civil action or appeal, any
party adversely affected by frivolous conduct may file amotion for an award of court costs, reasonable attorney's
fees, and other reasonable expenses incurred in connection
with the civil action or appeal. The court may assess and
make an award to any party to the civil action or appeal
who was adversely affected by frivolous conduct, as
provided in division (B)(4) of this section."
Civ.R..11 provides, in pertinent part, ". . . For a willful
violation of this rule, an attorney or pro se party, uponmotion of a party. . . , may be subjected to appropriate
action, including an award to the opposing party ofexpenses and reasonable attorney fees incurred in bringing
any motion under this rule. ..."
While a case is on appeal, the trial court retains all jurisdiction
not inconsistent with the Court of Appeals jurisdiction to reverse,
modify, or affirm the judgment. Yee v. Erie Cty. Sheriff's Dept.
(1990), 51 Ohio St.3d 43. The trial court retains jurisdiction for
the limited purpose of applying sanctions under Civ.R. 11 and R.C.
2323.51. Lewis v. Celina Financial Corp. (1995), 101 Ohio App.3d
464.
Case No. 2011 CV 01192
Page -3-
R.C. 2323.52(C) provides, "A civil action to have a person
declared a vexatious litigator shall proceed as any other civil
action, and the Ohio Rules of Civil Procedure apply to the action."
Such language clearly requires the commencement of a "civil action"
and the motion is not the equivalent of a complaint. Kinstle v.
Union Cty. Sheriff's Office, 2007-Ohio-6024. The Eleventh District
Court of Appeals has also determined that this statute requires the
filing of a separate civil complaint. In re Estate of Elersic,
2009-Ohio-4803; Karnofel v. Girard Police Dept., 2007-ohio-7114.
IT IS THEREFORE ORDERED that:
1. Defendant's motion to have plaintiff declared a vexatious
litigator is dismissed.
2. Defendant's motion for sanctions shall proceed to hearing
on January 26, 2012, at 9:00 a.m. as scheduled.
3. Counsel for defendant, in connection with the sanctions
hearing, shall submit the documentation applicable under R.C.
2323.51(B)(5). i
. F. INDERLIED, JR., DGE (Ret.)
cc: Emelda Snype, pro se
Cynthia Lammert, Esq., and James O'Connor, Esq.
li
`44e $upr.exutr ^uixr# af 041*0
COURT OF COMMON PLEAS
JAN182012UND
FQW,kArt, )Kh^H ^ ^_^RN
CERTIFICATE OF ASSIGNMENT
The Honorable Herman Frederick inderlied Jr., a retired judge ofthe Geauga County Court of Common Pleas, General and DomesticRelations Divisions, is assigned effective December 19, 2011, topreside in the Portage County Court of Common Pleas, GeneralDivision, to hear cases 2010 CV 1279, Emelda Snype v. AllAmerican Inspection, LLC, et al. and 2011 CV 1192, Emelda Snypev. Anne Morgan Cost, Trustee, for the purpose of hearing motionsto have Emelda Snype declared as a vexatious litigator and any
matters associated with these motions.
AMaureen O'ConnorChief Justice
11JA2877
EXH/811 f^
USPS.comg - Track & Confirm Page 1 of I
Enqlish Customer Service USPS MubileRegister I Sign In
^^^ps-cJ^ A ,r/^^^' Search USPS.com or Track Packages
Quick Tools^,f Ship a Package Send Mail Manage Your Nlail Shop Business Soiutions
Track & ConfirmCEf EMAIL UPDATES PRI'!T UETAILS
VOUR LABEL NUMBER SERVICE
EG763313375US Express Mail®
Check on Another ItemWhat's your label (or reoeipt) numbeR
STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES
Delivered January 24, 2012, 9:07 am RAVENNA. OH 44266 Guarantsed By:
January 24, 2012, 3:00 PM
Retum Receipt
Proof of Derlvery
Anival at Post Ofhce January 24, 2012, 826 am RAVENNA, OH 44266
Depart USPS Sorf January 23, 2012 AKRON, OH 44309
Facility
Processed through January 23. 2012. 10:15 pm AKRON, OH 44309
USPS Sort Facility
Acceptance January 23. 2012, 4:23 pm CLEVELAND, OH 44101
Processed tteough January 23, 2012, 3:44 pm CLEVELAND, OH 44101
USPS Sort Facllity
Find
LEGAL ON USPS.COM
Privacy Policy > Government Services
Terms of Use Buy Stamps & Shop +
FOIA , Print a Label with Postage ^
No FEAR Act EEO Data Customer Servlce +Site Index,
Copynght@ 2012 USPS Alt Rights Reserved.
ON ABOUT.USPS.COM
About USPS Home,NewsroomMail Service UpoatesForms & PublicaGons ^Careers
https://tools.usps.com/go/TrackConfirmAction.action
OTHER USPS SITES
Business Customer Gateway,
PostalInspectors ^
InspectorGeneral^
POslal Elfplorer ^
(111/81^ S1/29/2012
NOTICE
Upon the order of the Court's own motion to establish filing procedures in the within
matter. By order of the court for the parties to submit time-stamped copies of any document
filed with the Clerk of Courts to:
Pamela J. KrysiakAssignment CommissionerPortage County Court of Common Pleas203 West Main StreetRavenna, Ohio 44266
for submission to Judge H.F. INDERLIED, JR., JUDGE
In your possession are thirteen (13) filings pertaining to case number 2010 CV 012791) SUMMONS dated 8/19/20102) DEFAULT JUDGMENT dated Oct. 12 20103) JOINT ANSWER TO AMENDED COMPLAINT dated Oct. 25, 20104) AMENDED REQUEST FOR DEFAULT Oct. 26, 20105) COURT ORDER Oct. 27, 20106) JUDGEMENT ENTRY/ORDER Apr. 21, 20117) MOTION TO DISMISS FOR LACK OF PROSECUTION TO DECLARE EMELDA SNYPE A
VEXATIOUS LITIGATOR AND FOR SANCTIONS Aug. 30, 20118) MOTION IN OPPOSITION TO DEFENDANTS DISMISSAL Sept. 13, 20119) MOTION FOR SUMMARY JUDGMENT Sept. 28, 201110) ALL AMERICAN INSPECTION, LLC PAULA K MARQUARD AND ROBERT BEVERAGE'S
BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Oct. 17, 201111) AC LOAN CARE AND ADAM STODNATA'S RESPONSE TO EMELD SNYPE'S MOTION FOR
SUMMARY JUDGMENT Oct. 18, 2011
ALSOIn your possession are an additional set of five (5) filings pertaining to case number 2011 CV 01192
1) SUMMONS dated Sept. 16, 20112) REPLEVIN dated Sept. 13, 20113) JUDICIAL NOTICE dated Sept. 28, 20114) MOTiON TO DISMISS dated Oct. 12, 20115) MOTION IN OPPOSITION TO DEFENDANTS DISMISSAL Oct. 27, 2011
I WITNESSED T ABOVE MENTIONED DOCUMENTS BEING INSERTED INTO A POSTAL ENVELOPE AND
^NAILEON^^it&,"^ G13 0^4/^
1J41'11Y ;711EY
W iTN^ 1611 SS E
y^SE ^.cE" /^^Ev ^i=yCe'^/i/^-"/>fs •.^LiVi f/f' CiCl^E.%^^/^ e^y ^l^C/' 1^^^/^E^
/F eC%G,Z) 7Ll^L E
/c^A"^
f ^ T^
--- ..,^^E715E
^f r/ /I - 9//9 ae ^/ /) -0l-4 7 3
State of t r.
County of _CAL"
NOTICE TO THE PRINCIPAL IS NOTICINOTICE TO THE AGENT IS NOTICE TO
AFFIDAVIT OF THE
COURT OFFtAMDMON PI.F,AS
JAN 2 6 2012LINDA K. FANKNAUSER, C1Fpk
PORTAGE CQtpV71r pQ
THE AGENTPRINCIPAL
"Indeed, no more than (affidavit) is necessary to make the ma facie case." United
States v. Kis, 658 F.2id , and 526, 536 (7°i Cir,1981) Cert Den^end, 50 U.SLW. 2169; U.S.LW.
March 22,1982.
Contents are of affiant's own first hand knowledge. Affant do solemnly swear, depose, sayand declare; that afflant has personal knowledge and belief of th-e facts stated herein. All of thefacts stated herein are true, correct, and complete, nor misleadi g, the truth, the whole truth, and
nothing but the truth.
bi2) ,qo,azxx_ oS sr^Y^^/ c5^f dvC ^8 ,5
ature
State of 06 ())
County of1Uu')
S a,.ttodll
AKNOWLEDGEMEN'>f
Scilicet
SUBSCRIBED TO AND SWORN before me this2jA_day ofj^n„__A.D. 2011 A Notary,That personally appe^red and known to me to beThe subscri to the within instrument and acknowledp to be the same.
^a_ Seal;Notary Pu 1 in and for said StateMy commission expires;mtarlo^ ROBYN SAMARA
NiiTARY PUNC - 9HI0
EXHIBIT Ii
JAN-23-2012 17^06 REM I PIGER CO. LPA 216 430 2291 P.02
FLEDCOURT OF CiOMMON PLEAS
JAN 2 3 2012
L1NOAMK. ^ NTY bNlG R^
EMELDA SNYPE,
V.
ANNE MORGEN COST,
IN THE COURT OF COMMON PLEASPORTAGE COUNTY, OHIO
Plaintiff,
Defendant.
CASE NO. 2011-CV-01192
JUDGE JOHN A. ENLOWJUDGE INDERLIED
NOTICE OF WITHDRAWAL OF MOTIONFOR SANCTIONS AND MOTION TODECLARF PLAINTIFF A VEXATIOUSLITIGATOR
Now comes Defendant Anne Morgen Cost, Trustee of the Anne Morgen Cost Revocable
Trust dated September 2, 2009 by and through counsel and hereby withdraws the Motion for
Sanctions and Motion to Declare Plaintiff a Vexatious Litigator filed October 12, 2011.
Respectfully mitted,
CY H A. tAfAMeRV (0056184)JAME 'CONNOR (0063428)REMINGER CO., L.P.A.1400 Midland i3uliding101 Prospect Avenue, WestCleveland,Ohio 44115Ph: (218) 687-1311 / Fax: (216) 687-1841Email: ciammert@reminger.com
joconnor@rerninger.comAttomeys for Defendant Anne Morgen Cost,individually and as Trustee of the AnneMorgen Cost Revocable Trust datedSeptember 2, 2009
^XN,,&^ V
JAN. 25. 2012 1:17PM N0.3089 P. 3
FILEDCOURT OF COMMON PLEAS
EMELDA SNYPB.
JAN232012
uNPO.RTAGEn"c^0"1XK ^N OERK
V.
IN THB COURT OF COMMON PLEASPORTAGE COUNTY, OHIO
216-687-1841
Plaintiff,
ALL AMBRICAN INSPECTION, et al.,
Defendants.
))
)))))))
CASB NO. 2010 CV 01274
JUDGB H.F. INDERLiBD, JR. (Ret)(gy aaaigna►ecrt N11 JA 2877 of the ChieEjystice of the Ohio Supren►e Covrt)
NOTIa OP WITHDRAWAL OF MOTIONFOR SANCTIONS
Defendu+ts, AU Anuricazt Inepectiozt LLC, Paula K. Marqusrd and Robect Beverage, by
and through cauz+seX, herebY widdaw their Motion for Snnctians filed on Angust 30, 2011.
Repeethiliy submitticd,
p $TTi1 IlI (0000891)BRIAN (0081679)REMNGER CO., L.P.A.1400 M9dlaind Suilding101 Prospect Avenue, WestCleveland, Ohio 4411b-1043Direct Dial: 216-430-2120216-97-1311 phone; 216-687-1841 faxFrmail: fieonetti^mc=-bagg§,xeg3j¢er.comAttornsy forAll Anurtcm iuspecHosk LLC,Paula Ma=sysaaerd, and Robsrt feve+sg's
E%/1//3/T W
Public Access - Docket List
General Inquiry
New 9earch._
^ Sitmmar,Paaieas Fvr.r.;s ^r pockNS L Ci;Fr.,^C^:^ ! :os;s ) .
Docket Search
2011 CV 01192 SNYPE, EMELDA VS. COST, ANN MORGAN JAE
Search Criteria
Docket ALLDese.
Begin Date
End Date
Searc6 Results
Sort
Ascending
o Descending
Search
57 Docket(s) found matching search criteria.
Docket Docket TextDate02/13/2012 TRANSCRIPT OF DOCKET AND
JOURNAL ENTRIES ISSUED TO THECOURT OF APPEALS # 2012PA1 &NOTICE ISSUED TO ATTYS/PARTIESBY REGULAR MAIL.
02/13/2012 NOTICE UNDER RULE 58B ISSUEDTO ATTYS/PARTIES BY REGULARMAIL AND/OR FACSIMILE. RULE 58(NOTICE) Sent on: 02/13/2012 13:27:32
02/13/2012 AFFIDAVIT OF COURT REPORTERWITH AUDIO TAPE VIA CD FILED.
02/13/2012 IT IS THEREFORE ORDERED THEPURPORTED COMPLAINT FORDECLARATORY JUDGMENT FILEDHEREIN BY PLTF EMELDA SNYPEBE AND HEREBY iS STRICKENFROM THE CASE FILE AND HELDFOR NAUGHT. IT IS SO ORDERED.(SEE IMAGE)
02/07/20121ssue Date: 02/07/2012 Service: COPYOF NOTICE Method: (CP) REGULARMAIL ISSUED BY CERTIFICATE OFMAILING Cost Per: $ 2.00 COST, ANNMORGAN c/o ATTY: LAMMERT,CYNTHIA A 1400 MIDLAND BLDG101 PROSPECT AVE WESTCLEVELAND, OH 44115 Tracking No:M000009081 COST, ANN MORGAN c/oATTY: JAMES O'CONNOR 101PROSPECT AVE W #1400CLEVELAND, OH 44115 Tracking No:M000009082
02/07/2012 COPY OF COMPLAINT FORDECLARATORY JUDGMENT ISSUEDBY REGULAR MAIL WITHCERTIFICATE OF MAILING ON (2-9-12).
01/30/2012 ACCELERATED CALENDAR
Amount Amount ImagesDue
3.00 3.00 +d
8.00 8.00 ^
0.00
2.00 2.00 i^
4.00 4.00
0.00 0.00
0.00 0.00
Page 1 of5
EXHIBIT xhttp://www.co.porta.ge.oh.us/pa/pa.urd/pamw2000*docket_]st?25957935 2/24/2012 ^
..^--•- '
Public Access - Docket List
SCHEDULING NOTICE FILED.0l/30/2012 COMPLAINT FOR DECLARATORY
JUDGMENT ON THE MERITS FILED.Attorney: PRO SE ()
=51Q 01/26/2012 AFFIDAVIT OF EMELDA SNYPEFILED.
01/2412012 CLERKS FEES FOR FAXTRANSMISSION Receipt: 247561 Date:01/2512012
01/23/2012 NOTICE OF WITHDRAWAL OFMOTION FOR SANCTIONS ANDMOTION TO DECLARE PLTF AVEXATIOUS LITIGATION FILED.Attorney: LAMMERT, CYNTHIA A(56184)
01/18/2012 DEFTS MOTION TO HAVE PLTFDECLARED A VEXATIOUSLITIGATOR IS DISMISSED. DEFT'SMOTION FOR SANCTIONS SHALLPROCEED TO HEARING ASSCHEDULED. COUNSEL FOR DEFTSHALL SUBMIT DOCUMENTATIONAPPLICABLE UNDER RC 2323.51(B)(5). IT IS SO ORDERED. (SEE IMAGE)
01/18/2012 CERTIFICATE OF ASSIGNMENT OFJUDGE HERMAN FREDERICKINDERLIED JR FILED.
01/17/2012 APPEARANCE OF COUNSEL FILED.AMELIA ANN BOWER (Attomey) onbehalf of ANN MORGAN COST(DEFENDANT); DAVID L VAN SLYKE(Attorney) on behalf of ANN MORGANCOST (DEFENDANT)
01/11/2012 IT IS HEREBY ORDERED COUNSELFOR THE PARTIES SUBMIT TIMESTAMPED COPIES OF ANYDOCUMENT FILED WITH THECLERK OF COURTS TO : PAMELA JKRYSIAK. IT IS SO ORDERED. (SEEIMAGE)
01/04/2012 NOTICE OF APPEAL, TRANSCRIPTINFORMATION, DOCKETINGSTATEMENT FILED (2012PA1) ANDNOTICE ISSUED TO AT`['YS BY FAXAND/OR REGULAR MAIL.
12/20/2011 HEARING SCHEDULED: Event:IIEARING Date: 01/26/2012 Time: 9:00am Judge: ENLOW, JOHN A Location:COURTROOM #4
12/20/2011 NOTICE OF HEARING ISSUED BYASSIGNMENT COMMISSIONERS.(SEE IMAGE) GENERAL NOTICE-COURTROOM #4 Sent on: 12/20/201114:43:16
12/20/2011 NOTICE UNDER RULE 58B ISSUEDTO ATTYS/FARTIES BY REGULARMAIL AND/OR FACSIMILE. RULE 58(NOTICE) Sent on: 12/20/2011 07:48:28
12/19/2011 IT IS THEREFORE ORDERED THATSUA SPONTE I RECUSE MYSELFFROM HEARING THE MOTIONSFILED BY DEFT ANNE MORGANCOST, TRU TO DETERMINE IF PLFTEMELDA SNYPE IS A VEXATIOUSLITIGATOR AND FOR SANCTIONSAGAINST HER. IT IS SO ORDERED.(SEE IMAGE)(R58)
0.00 0.00
0.00 0.00
4.00 0.00
0.00 0.00
6.00 6.00
0.00 0.00
0.00 0.00
2.00 2.00
0.00 0.00
0.00 0.00
6.00 6.00
8.00 8.00
4.00 4.00
http://www.co.portage.oh.us/pa/pa.urd/pamw2000*docket_Ist?25957935
Page 2 of 5
^
^ ^/b &rQ'endeCfht/dEELA'7'"/Q^t/ O^^h2^7
to
is
12
ldf
d
d
^
d
is
2/24/2012
Vi. L... LVS^. LJ.'^V L+.V 1V
COURT OF COMMONPORTAGE COUNTY,
^LJi 1 ^ Vd
FILEDCOURT OF COMMON PLEAS
JAN 3 0 2012
Em. :lda SnypePlainti$7 Petitioner,
_V5_
AL:. AMEKICAN 1NSPFCTION.LLI :. et. W.Rot or.t Beverage,
AC LOAN CAR E.AdK io Stodnata,
AN'%( MORGAr COST TRiJST,Am. lvlorgan Co it ct. al.,
Defe.o.dax ►ts,
..4.,._...._-...-
Now cm ►ea Plaiundff Emelda Snype, (klereinaffter
r.osk r.ctfiili.y statf s as follows:
LINDA K. FANKHAUSER, CLERKP4hTlAE 961JfiIB( W9ie
^ ^ t Gi a-
I' FOR DECLARATORY, ON THE AERi'I'S
,Sui,Iuris and for her Complaint.
l. P1.aijfttiff s a citixen abd a resident of Ohio, redress' bot.' $r.ievanceq according to the
First Am-.ndment of the BiU of Rights. Also having denied due process of a clearlyestablish xl law of the 14th Amendment al'the U.S. nstitution.
I TNTROIIUCTION
Having afready litigalod multiple claims in Portagc unty Clerk of Courts. Snypehas been denied due process by tlie above iacdioAed. JDefer ►daztts mnD.tipl:e time4. ln
a eonspira►cy to hide the meritorious facts of Official atrupEion and Multiple RicoActivity. Involved with Federal Mispr'ssion and Titl 18 USC Chapter for Treason,Sed.ition, aod Subversive Activities.
n FACTUAL ALLEGATIONS AND
l. On or about August 19, 201.0 Petltioner (Herei
aga t. ►st ALL AMERZCAPI WSPEC; 9ON 1,LC., (Bob
(Do unto ot6ers as yout wi►sb. them
SISTORY
ve) filed a complaints-nd Pan-la Mayuard) and
do onto you)
F, C LOAN ► :ARE (Adam Stodnata). '['he is filed at P+age County C1erk of Courts case
£ti/i$1T V
EMELDA SNYPE,
Plaintiff,V.
"4F^^0
IN THE COURT OF COMMON PLEAS j►^ a? -`43PORTAGE COUNTY, OHIO ^ F 12
) CASE NO. 2011 CV 1192
ANNE MORGAN COST,
Defendant.
)))))
***
JUDGE JOHN A. ENLOW
ORDER AND JOURNAL ENTRY
This matter is before the Court, sua sponte, to strike the purported complaint filed by
Plaintiff Emelda Snype ("Plaintifp) in this closed case.
Plaintiff has filed a document captioned "Complaint For Declaratory Judgment" seeking
monetary damages, other relief of some kind, and the return of a deed which was the issue
determined in this case as a final judgment.
As Plaintiff s complaint in this case has been finally determined and this case closed,
Plaintiff cannot file her present document in this case because it states a new claim.
IT IS THEREFORE ORDERED that the purported "Complaint For Declaratory
Judgment" filed herein by Plaintiff Emelda Snype be and hereby is stricken from the case file
and held for naught.
Costs taxed to Plaintiff.
The Clerk is directed to serve upon all parties notice of this judgment and its date of entry
upon the journal in accordance with Civ. R. 58(B). f..^
COURT OF COMMON PLEAS
cc: Emelda Snype, PlaintiffCynthia A. Lammert, Attorney for Cost
ExH/13/T Z
top related