IN THE SUPREME COURT OF OHIO

STATE EX REL.KEVIN O'BRII;N &ASSOCIATES CO., L.P.A.995 South High St.Columbus, OH 43206

and

STATE EX REL.COLUMBUS CHECKCASHERS, INC.P.O. Box 374Randolph, MA 02368

and

STATE EX REL.CIIECKS 2 CASH, INC.P.O. Box 12148Columbus, OI143212

Relators

V.

HON. JUDGE DAVID B. TYACKFranklin County Municipal Court375 South High StreetColumbus, Ohio 43215

and

LORI M. TYACKClerk Franklin County Municipal Court375 South High StreetColumbus, Ollio 43215

Respondents.

Case No. 13-0156

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FIRST AMENDED COMPLAINT FOR WRIT OF MANDAMUS

Kevin O'Brien (0028108)Kevin O'Brien & Assoc. Co. L.P.A.995 South High St.Columbus, OH 43206Ph: 614-224-3080Pax:614-224-4870KevinCa)ohiolawl.comAttorney for Relators

For their Complaint, Realtors Kevin O'Brien & Associates Co., L.P.A., Columbus

Checkcashers, Ii1c. and Checks 2 Cash, Inc. state as follows:

COMMON ALLEGATIONS

Relator, Kevin O'Brien & Associates Co., L.P.A. (hereinafter "O'Brien"),

is a legal professional association (professional corp.), organized and existing under the

laws of the State of Ohio, with its primary place of business located at 995 South High

St., Columbus, OkI 43206.

2. Relator, Columbus Checkcashers, Inc. (hereinafter "CCC"), is a

Corporation, organized and existing under the laws of the State of Ohio, with its primary

place of business located at 781 Tremont St., Boston, MA 02118.

3. Relator, Checks 2 Cash (hereinafter "CZC"), is an Ohio Corporation

organized and existing under the laws of the State of Ohio, with its primary place of

business located at 5620 Hall Rd., Columbus, OI-I 43228.

4. Respondent, the I-lonorable Judge Tyack (llereanafter "Judge Tyack"), is a

duly elected judge of the Franklin County Municipal Court.

5. Respondent, Clerk Lori Tyack (hereinafter "Clerk Tyack"), is the duly

elected Clerk of the Franklin County Municipal Court.

6. O'Brien is a law firtn and represents Checkcashers and Checks 2 Cash in

the collection of two bad checks in the Franklin County Municipal Court.

COUNT ONE: THE COLUMBUS CHECKCASHERS MATTER

7. Relators incorporate all previous paragraphs as though fully rewritten.

8. On or about April 30, 2008, O'Brien cibtained a default judgment in the

amount of $350.00 plus interest and court costs on the behalf of CCC against Toia

Procter, in Franklin County Municipal Court Case Number 2008 CVI 11684. (Exhibit 1)

9. In accordance with Franklin County Municipal Court procedure, th.e case

was never assigned to any judge because the defendant failed to file an appearance,

motion or answer.

10. On or about June 9, 2008, O'Brien filed a wage garnishment on behalf of

CCC and against Toia Proctor to collect the judgment. (Exhibit 2)

11. The garnishment was successful and from June 27, 2008 to September 15,

2008 monies due on the judgment were garnished from Toia Proctor's wages and

processed by Clerk 'I'yack. (Exhibit 3)

12. On or about June 16, 2008, Clerk Tyack mistakenly disbursed $81.55 of

the garnished funds to William Yost, Esq. (hereinafter "Yost") of the law firm Carlisle,

Patchen & Murphy due to an administrative error.

13. Yost was garnishing a judgment debtor in the case American Kidnev

Stone Management y. Judy I-Iarris, 2007 CVF 53334. Judy Harris was employed with the

same company as Toia Proctor, Zaner-Bloser, Inc. The company sent one check

containing the funds garnished from both judgment debtors. Clerk Tyack mistakenly

disbursed the entire amount to Yost instead of distributing it between O'Brien and Yost.

14. Upon information and belief, Attorney Yost applied the funds to his case

against Judy Elarris and disbursed the funds to himself and his client, American Kidney

Stone Management.

15. On or about October 29, 2009, an employee on O'Brien's staff contacted

an employee on Yost's staff and requested the return of the $81.55.

16. Yost's employee became angry and verbally abusive towards O'Brien's

employee and refused to return the funds.

17. On or about October 29, 2009, O'Brien contacted Yost and demanded the

return of the $81.55. (Exhibit 4)

18. tlttorney Yost becaine angry and verbally abusive towards O'Brien and

refused to return the funds.

19. On or about February 3, 2010, the matter of the incorrectly disbursed

funds came before the Honorable Judge An.drea C. Peeples of the Franklin County

Municipal Court for a hearing.

20. A representative of Clerk Tyack's office was called as a witness and gave

testimony regarding the incorrectly disbursed funds.

21. Following that hearing Judge Peeples issued an Entry which ordered Yost

to return the funds to O'Brien. (Exhibit 5)

22. This Entry was properly filed with the Clerk on February 3, 2010.

23. Yost did not comply with the Court's Entry and did not return the funds.

24. Upon information and belief, William Yost wrote a letter to Judge Tyac;k,

the exact contents of which are unknown and which is not in the Court file. In this letter

Yost asserted that he or his client had a legal right vis-a-vis the incorrectly disbursed

funds, which Relators submit is nonsense.

25. Subsequently, without complying with the basic tenents of procedural due

process, on his own authority, in contravention of court custom which dictates that once a

judge has made a ruling on ail unassigned case that case will be referred back to that

Judge, and without notice to O'Brien or CCC or any hearing, Judge Tyack improperly

injected himself into the matter, set aside Judge Peeples' order of February 3, 2010 and

had Clerk Tyack strike Judge Peeple's Febn2ary 3, 2010 Entry from the court docket,

which she did.

26. Judge Tyack had his bailiff call O'Brien and orally ordered O'Brien to

appear before him for a "show cause" hearing which O'Brien initially believed was

against attorney Yost. No written order to appear was ever served on O'Brien.

27. O'Brien complied and appeared before Judge Tyack at which time Judge

Tyack threatened to hold O'Brien in contempt of court.

28. O'Brien demanded that a court reporter be present. Judge Tyack

dismissed the hearing, improperly removed the Order to Appear from the file and

apparently disposed of it. The Order was either never docketed or docketed and then

stricken from the docket.

29. Over the past three years, O'Brien has regularly spoken to Judge Tyack

and his bailiff and has been repeatedly assured that the matter of the wrongly disbursed

funds would be resolved.

30. On or about August 17, 2012, Judge Tyack, on his own authority,

improperly ordered Clerk Tyack to pay O'Brien the wrongly disbursed funds, apparently

out of taxpayer money. By law, this can only be accomplished by the passage of a city

ordinance. (Exhibit 6)

31. The August 17, 2012 Entry was not served on O' Brien.

32. Clerk Tyack did not pay the funds and does not have the fiinds as they

have never been recovered from Attorney Yost.

33. To date, the matter has not been rectified and Attorney Yost has not

rettirned CCC's money to the Clerk.

COUNT TWO: THE CHECKS 2 CASH MATTER

34. Relators incorporate all previous paragraphs as though fully rewritten.

)5. On or about October 8, 2004, C2C obtained a default judginent in the

Franklin County Municipal Court in the amount of $600.00 against Dawn C. Reese, in

Franklin County IVlunicipal Court Case Number 2004 CV1035812. (Exhibit 7)

36. In accordance with Franklin County Municipal Court procedure, the case

was never assigned to any judge because the defendant failed to file an appearance,

motion or answer.

37. At the time the judgment was taken, C2C was represented by Jonathan

Holfinger, Esq. (hereinafter "Holfinger") of the Law firm AuCoin, Dupont, Hetterscheidt

& Younkin.

38. On or about March 9, 2005, C2C terminated its representation by

1-Iolfinger and AuCoin, Dupont, Hetterscheidt & Younkin and hired O'Brien to collect

the judgment.

39. On or About November 4, 2005, O'Brien filed a wage garnishment on the

behalf of C2C and against Dawn C. Reese to collect the judgment. (Exhibit 8)

40. The garnishment was successful and from November 28, 2005 to January

25, 2006 the full amount due on the judgment was garnished from Dawn Reese's wages.

41. Clerk Tyack failed to take notice that O'Brien had substituted as counsel

for C2C and mistakenly disbursed all of the funds to Holfinger. (Exhibit 9)

42. On or about May 1, 2007, O'Brien sent a letter to Holfinger and requested

the return of the funds. (Exhibit 10)

43. On or about May 16, 2007, Holfinger contacted O'Brien to discuss the

matter of the mistakenly disbursed funds.

44. Holfinger refused to return the funds to the Clerk.

45. On or about February 3, 2010, the matter of the incorrectly disbursed

funds came before the 1-lonorable Judge Andrea C. Peeples of the Franklin County

Municipal Court for a hearing.

46. A representative of Clerk Tyack's office, was called as a witness and gave

testimony regarding the incorrectly disbursed funds.

47. Following that hearing Judge Peeples issued an Entry which ordered

Holfinger to return the funds to O'13rien. (Exhibit 11)

48. This Entry was properly filed with the Clerk on February 3, 2010.

49. Holfinger did not comply with the Entry and did not return the funds.

50. Subsequently, without complying with the basic tenents of procediiral due

process, on his own authority, in contravention of court custom which dictates that once a

judge has made a ruling on an unassigned case that case will be referred back to that

Judge, and without notice to O'Brien or C2C or any hearing, Judge Tyack improperly

injected himself into the matter, set aside Judge Peeples' order of February 3, 2010 and

had Clerk Tyack strike Judge Peeple's February 3, 2010 Entry from the court docket,

which she did.

51. Judge Tyack had his bailiff call O'Brien and orally ordered O'Brien to

appear before him at a "show cause" hearing, which O'Brien initially believed was

against attorney Holfnger. No written order to appear was ever served on O'Brien.

52. O'Brien complied and appeared before Judge Tyack at which time Judge

Tyack threatened to hold O'Brien in contempt of court.

53. O'Brien demanded that a court reporter be present. Judge Tyack

dismissed the hearing, improperly removed the Order to Appear from the file and

apparently disposed of it. The Order was either never docketed or docketed and then

stricken from the docket.

54. Over the past three years, O'Brien has regularly spoken to Judge Tyack

and his bailiff and has been repeatedly assured that the matter of the wrongly disbursed

funds would be resolved.

55. To date, the matter has not been rectified and Attorney Holfinger has not

r.eturned CCC's money to the Clerk.

WHEREFORE, the relators pray for aNVrit of Mandamus ordering:

A. Judge Tyack to order Holfnger and Yost to return the funds

within 14 days of the service of the court order,

B. That Clerk Tyack be directed to promptly process those funds,

correct the court records and remit payment to Relators,

C. That Clerk Tyack be required to develop procedures and methods

to avoid distributing garnishment monies to the incorrect parties

and to recover said monies in the event of an error

D. A judgment awarding attorney's fees and costs of court expended

herein.

E. For such other further and just relief as this Court finds

appropriate.

submitted,

Kcivin O'Brien (0028108)Kevin O'Brien & Assoc. Co. L.P.A.995 South kiigh St.Columbus, OII 43206Ph: 614-224-3080Fax: 614-224-4870

KevinCy,/ohiolawl.comAttorney for Relators

CIRTIFICATE OF SERVICE

This is to certify that a true and accurate copy of the foregoing docuzrient wasserved on the parties set forth below by ordinary, Mail, postage prepaidtoday, June 12, 2013.

.^ ^

,., Ke^in O'Brien (0028108)

Westley Phillips, Esq.90 W. Broad St., Room 200Columbus, ®II 43215Counsel for Defendants

AFFIDAVIT OF KEVIN O'BRIEN

County of FranklinState of.Ohio ss:

Now comes Kevin O'Brien, Esq., affiant, herein, and being first duly sworn,deposes aiid states as follows:

1. That I make this affidavit of my own personal knowledge.

2. That I am the owner of Relator, Kevin O'Brien & Associates, Co. L.P.A., a partyto this action and the attorney for Relators Columbus Checkcashers, Inc. andChecks 2 Cash, Inc. I have read the foregoing complaint for writ of mandamusand have personal knowledge of the averments set forth therein. I certify that theaverments of facts contained therein are true.

3. 1 declare under penalty of perjury that the foregoing is true and correct.

FURTHER, AFFIANT SAYETH NAUCrIIT, '^^^+^ ^ 'f^

vin O'Brien, Esq.

Sworn to and subscribed in my presence this the day of2013.

^^^p,FtiAa's^

#^^M.

CARRE DOPPES W()LFE,tYflrney at LawPubtic, State of U;sia;ssion Flas AJo: fx.pEraYicf<

;taan 147M F?^J.

----------Notary Public

^:-„

Case No. C Vj^ •L.,

,1IIDGMENT FNTRY

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in accordance with Civil Ru1e 53, the cc:)urt here6y ac;opts theMa^istrate's Decision filed hercin nnclenters jud.gment as set forth belo^v,

Judgment for the plaintiff in the arnozint of with contract 111tEi'est of-5:L'lo per month frorn the date of the loan on the loan amount of

and statutory interest of 8% per annum from the date of jidd,c1ment on tlle

remaining $ e^o- plus courtcosts.

%^^^

^^ ^aintiff(s)

'Defenclant(s)

["RANKL1N E;pUN`['Y MUN#(;IFAL, (_ ;()UR'1'E: OL, Ul iT3 US. O t-ITU

ILrdgment for defendant on counterclaim in the amaunt of S- , ptus court costs andinterest at the Y-ate of °I'o per anrtum froFn this date.

Jcid;ment fordefenefant on the complaint; ctrse clisrnissed with prejudice at p1<lintiff's costs.

Other:

The i'Via^iStrrate's Decision is modified and jird^^ment rendered as follows:

.PtRrsuant to Rule(s) 53(E) and 58 of the Ohio Rules of Civil Procedure, the court hereby directs the

Clerk of the Franklin County Municipal Court to serve upon all parties notice of this judgment and

its date of entry upon the journa).

Date

Y:1CuurtnwiznU G CDtiSlFUreeiljuJ^e^^x:qtrnerybtaak$'Y<jJsk}yc).w^ GE 0J^

im^i P[.a1NTIFF'wEXHIBIT

UJ

t ranklin:Louzaty iytunaeipaF Court ,1ft3davit & Ori1er & !Voticcot' (;aruishrrscnt of Personal Earnings :fi Ansever of IsmplayerN`ranklin (::onusty Itirunicip al t'eirt 375 S ttigle StP F7a:y f'otutnbuv t)ti •i321S (tit !) 645-7220 Web Address wevw.fcnacc(crk.ct ^ttn,

Colurnbus Checkcashers^4r^ACr9954^ Soulh f -ligh Street - - `^

Cotumbus, Ohio 43206 }-(.TUI)Gi1d1iNT C:REDITOR)

Tola Proctor vs. CASE NO: 08 CVt 0116845907 Miar,}gt,r: Lr,Galloway, Oh ^^119 ^"" -rttzs COhtNl(INICATION IS FROM A DEBT CnLLEt~TOR

(JtJtlt=PhtENT pEBTOE2} ssN LnsT FOUR ptG1TS (OPTlotvAL): 29i-72-5706Ilavin{; Frst been duty sworn

or sotemnly affirmed to do stx, I hereby state that I ara the judgment creditor or the attorney for thejutlSment crealitor irt the above referenced case against the named J'udthat gncntdebtor; thatfttere is gaod reason to believe, and iIo izelieve,garnishee nameKt in section t 1) helow

is an employer tif the judgmertt debtor and has personal earninp owing to thejudKment

debtor that are not esem pt under section 2329.66 of the Revised Code,that the seritten demand on judgment debtor required by sectiorr2716.02 of the Revised Code has been made at least 15 days

and not morthe; payment demanded in said wt-ittcn demand has not been ade, or has a s e eefare the date of the flingoFthis aftidavit; thatthe gaenishment of personal earnings as described in said' qr a portion of the Payment been nta^ie to preventror tlie appairqtmetat of a trustee, or that the (debtor is the . bl c I e Ve ne ^ryvledge of any application by the judgment debtor^arnis g"blCe27eetEt, either of which erould precludc theudttment tlebtor's pcrsonal eartrings,

= SAYETH tVt3T.

i.ISA. GREGGS-CORNEIT _^:► *k IYOTARYPFl6[iC;SrAIEQFONfO sic^var^au „ etvrcxpnct' ^1LTTO1ZNEY01GNAT1JRKON NaL

omLYykdYt^MSS)

d^s^ b nrFOUR M^ QN 10

.S`EC7'IONAe COd1R d' ORX3Ek^ ^lIVD NO^'r^E OF G°f(t'iNlSltll?ENT ^TO: Gurttishee Zaner" Bloser / Attr^; Payro!!' P,Q. B^^ 183^0 Cotumbus, Uhio 43218The aud mont caeditor in the above case haslfeil d^kc abova taFfi avate and Zlp Cade)

ud cuent ebtor mone for t, satisfaotory ta the undersigned; iit this court stating that you owe theUh o or the laws of the Unit d States:^^n^ngs and th3t s°me °f thatnionay may not bc exempt from garnishment under the laws of the State of

ATJl'llou SILi

ate iNED

hctcfarc ordered to complete the "A^iSYYF, f)F 'l^IPLUygIt 1ZI^

ys attecFIS IF,F,y"ouin sec

receivetion thBiof theo^ry of this forixr to the cierk of this c°wrtwithxn hv

]^T0cornplcied and s is form. Return one completede (5)

business this orderofgarnishmetit Detiver oneaf this form, and the yo

ur a es

iaaed c opyaccompanying documents enhtted "7IE TO

I; JTInGMLN [yE^TO •• and"RE ' S I' F(A

IILAtt13Vf; °' to the judgment debtor. Keep the othes complcted and stgne colsy oY s to[m for

Total Probable Amount Now Due includes the unpaid portion of the ludgment which is: $350• 011

Judgment Interest and, if applicable; projudgtnent interest relative to the Judgment at: 8 /pCourt Costs in the arzcount of• per annum payable unfil Judgment is satis6ed

$ 37'`i.51Totab ProbableAtnount Now Due on Judgment Is: S,

This order of garnishment ofpersonai earnings is a continuous order that generally requires you to wiihhold a specified amount, cateuiatedeach pay period at ttte statuta ry percenta^e, of the jud ettt debtot's petsoaual disposable esnrna s durin each a"IN.TERItNI REPO12^' ,^,iVD ANSn I^ OF G P y period, as detcrmined indurin e^tch ARNISIiE g ^accordance with the debtor's personal disposable earnings$ pay period of tha.judgtnent debtor commepcing, witit. tlte first full the ° ud^mcnt

st4pay periodjudgmettt in favor of the judgment creditor and the associated court co ^ginnaag attet' you receive the order until the

thc jtulgment creditor as described above have been paid in full: You gen+elta^il ^ yt^intanest; an^ if apphcable; grcjud8ment interestawardedtostatutoty patrcnta g c to the clerk of ttiis court within thirty (30) days after the end of eac^h pa^iEe^^ount calculated each Pay P^od at the.that etfie<1 calculated each a y period of the judgment debtor and must includewitb^ amount P y period at the statutory percentage an "INTERIIvI REPORT AND ANSWER OF GARNISHEEsubskattdsi^^p in the form set forth` in section 2716.07. of the Ohio Reviscd Code.f?A1t2Y#SFIEE" is attached to thts order of garnishmcnt of personal csrningsy andyou may liotoc$f p Ky ittuttso each^me ^ D ^^ER OFamount to the cteric of this courk You are perntitted to deduct'a y oupa y. tlie. specifieddisposable catnings fos 1^ P^^ssntg fee of up to ifiree doilars from the judgment debtor's ^titty pay period of the u ment debtot that an amaunt was witlthelti far dsat order (t_he ^^pra ssing fee is not a part of the

^Onalcourt cosks^):You are not requtred to fle with- the court the IIVTEItIi4I REPORT AND ANSWER OF GqRNIS1^EE for any

debtor for whic}t an amount ftom thc3udgrnent debtuz"s persottal disposable earnin s during that ^' pay Penod of the°^Qr. $ pay Feiiod was not withheld for that

1'his orderofgatnishmenr ofpersonal earnings generally will remain in effect until one of the following occurs:aboveC'^ ULA°T'ED EACH PAY PEI2IOD tAT T1iE S TATUTORYdP RC t

ENT^'AGE,£frm the udgm nt debtar`slpersgonal dis sadunng each pay period of tha j ud gment debtor that commenced with the $ full a P^ifed amoun^(2) Tbe jetdgmertt creditor or the 'ud t^ bla eamingsd J gment creditoc's attomey ftles with this coputyt a w^^ ntotice ti►ai tt^e total

receive the order,.ju gment as described above has been satisfed or the judgutentcreditor or the judgment creditor`s attorney files a wn'ttcnl request to termitiatothis order of gamishment and reloase you from the mandate of this order of gamishment-

(3) A municipal or county coutt appoints a trustee for thc judgmentdebtor and issues to you an order that stays this orr3er ofgarnishrnentofpemnal earnings.(4)

A fedetat bankruptcy court issues to you an order that stays this otder of garnishnaentof rsona!(5) A municipal or county coutt or a court of common pleas issues to you another order of ^ earnings.

judgtrtent debtorand a diffa:rent judgment creditor, and Ohio or fede.rni law provides the other order amtj^a hi°p,lt^e p®nty than this ordares to theg

(6) A municipal or county court or a court of common pleas issues to you another order of gamishment of personal earnings that relates to thejudgment debtor and a difl°erent judgment creditor and that does not have a higher ptiorrity than this order.

^ P'LAIN"i'IFF'SEXHIBIT

1ttdgtnCnt creditor or the Juij,grnent eredltor's nttorney t1t,s wtth th[s COtli"t a Wntten request to teCtprl23te atad release thC OrdGY orga(T21Shment, ,rsId result, the order ot garnishlnent wtll cease to rernalt^in effect.

Undernny of the circurnstances listed .tbove, you are reqnire .^. .d t with this cciurt a"f TNAL RLPORT ;taYD rtiYSWISi; C) %£;r1RiV[SidSE"!•ubst3ntzatly in the form set fotth in scction 2716.08 of the Ohrc, Rcwised Code. A copy ot the "!t s1 N[) ^NS6YtsIZ Oh'Gf^RNTSFI! E'° is ;tttached to tltis I AC REI't)d2Torder of gamishment of personal e:ernings, [lnder the ctrcumstances hste tn (o) andcease pro[t

ess 2g this order of gantishment after the expiration of the full pay period wi tlzin which the one hundred ei )`i ve, y u tmrstyou began processing itfalls, ghty-sacond (182) day after

Special stacktng, priority of`payment, and manner of payment rules apply when a garnishee receives multiple orders of garnishmcnt thwirespect to the same ttdgmentdebtor. Tktese rulcs are set forth in section 27! 6.04t of the Ohio Revised Code An etnployer gnide to prace5stng

continuous orders o^garntshment is inclt7ded with this order of garnishment- Yf)FJ SHOULD 13ECOME FAlytyT,,LAR yVrt•It't-H.F4E RrJt Fs-

Witness my hand & seal of this CouYt this (Date)

Kevin O'Brien 0028108 ^^^lu$gment Crcditorlq.ttorncy T----'- q^gY I.D.

995 South High Street

Golumbus, Ohio 43206 DFpt1rY d,rRK- -__City, State, Zitr Code ^ Phona Nutuber

SECTI6913. ANSWER ®k E1YfALflYkZ (GAR1'I[SE3[EE)(ilrr employer is one wfro tsrequired to witidtold payrolf tazes out of paymerrts ofpersorral earnings ntade to the judgm<: nt de5tor.)

(Answer aPf pertinent questiozts)

Now comes

theemployer(GARNISFIEE)hc,ein, ivhosays:I. -I'his order of garnishment ofpersonat earnings was received on

•----------_..^_(date);2. The judgment debtor is in my/our employ: 2. Yes No

If answer is "No ," give date of last employment: (date)3. (A) Is the debt to which this order of garnis&--ment o persnna^artiings pertains the subject of an cx;^tirt :aure.t:rnentfor debt scheduling between the judgment debtor and a budget and debt counsel:ing service and has the jud

gment debtor made eoerV ,;,yrnentthat was due under the agreement for dsbt scheduling no later than forty-five days after the date on which the payment was c1ueY *,. f the ,inswrr toboth parts of this question is "Yes," give all available details of the agreemene, sign this form, and return it to the court.

3,(A) Yes No 3. (A) Details:

'ud (B) Were you, on the date thatyou rece tve t ts order o garnis^rment ptsona cs; w-' 1t3'I^nldi,^qfaam thcp

n,c,tey:sgment debtor's personat disposable earnin $s pursuant to anot:her order of garnishmcnt of pcrsonal carnings that Ohio <,r f<:dern I lawprovides with a higher prionty than this order of gamishment of personal earninp (such as a sup rt order or Internai Revcntte Serv 3ce levy)? Ifthe answer to this Guestion is "Yes," give the name of the court that issued the htgher priori ty ord^ the associated caso number, the date uponwhich you recetved that order, and the balance due to the relevant judgnxent creditor under that order.

3.(B) Yes No 3. ($) Detailssnor

other orders of garnishm(enY of persoDid

l earnings,that nre not de {scribedin question 3(B); and ate gou currettYl o^'^On- eaniiingr:, csuo or moreorders for the statutorily required time period or holding one or more of thoso orders for groces5ing for a staUy

itoFrilc^in^one or more of thoseseq

uence of their receipt by yott7lf the answer to this question is "Yes," give the ninne of the court that issued each o^f #fy4se re viousl ^ receivedorders,, the associated case numbers, the date upon which you roceived each of those orders, and the balance duo to therclevaut jud;ntentcreditor under each of those ordets, List first the previously received order(s) that you are curaentiy processing, and list cach ot'the o thr.rpreviously reccived orders in ihe sequence that you are rcqutred to process tEietn.

3.(C) Yes l+to 3. (C)l7etails:

I certify that the statements above am true.

(Ptsnt Narne o m oyer)

(Prirst ame an ' itla o arsan Who Comp eted orm Ght Be o t a Enrployer)

Doedthl.4(Signatnre o EtnplaYcr or mPto}'erls Agerrt )

THE STATE OF OHIO T7HE F'®LL®WING FO COUIt"]t' U3E ONr YFRANKLIN COUNTYCITYiJF COLUMBUS

FOR BAILIFF OR SI-IEUFF RET[:TRN

I certify thi,s to be a traa copy ofthe origiimt order with aN endorseritenti theram. pursuant to the wit&ia command, I served the wiBtin'Y)rder

and voticc ofCi'erniahment and Answer of F..tn^rlayer" upon the within named garnishee 6yleavin g thrtx (3) tnse and certifsd rnpice thereof, withall endotsemcnrq tl,crcnnaion& with two (2) copie® of the `Notice to tha ludgment Debtor" and "Re4uest for Hc;vraug" fomes, one (1) copp of th®'lntarim Reportand riU;sw rGamsvhed;

"Ftna( Report aad Answer of Gamishee^and "Employar Guide To Processing Cantiauous Orders o#"Gamishxncnt" fama attaehed!1rut.rr, .,t u}eofricxs and usual place of busiuess of said garoishea.

AT M, On within charge th«eo£ 7fha presodent or other ehiefo soer not found in my baiGwick

BA.II,IFF', BY:ztEV, 05107 Wage Garmishrneatt Affidavit Notiao and Order DEFUT BAILIl'^F/SHERPF

_ .., .l^t1p:llw^^w.tcrncclerk.cu^^^casehslaisc:.php

FCA1C 1'ub(ic Reeorcis Portal

1' , :..: .. .,< .. ......._;.:._ . _ __._. . .. ... ._:.: : . __SMALL CLAIM CASE SUMMARY

COLUMBUS CHECK CASHERS INC Case No. 2008 CVI 011684Plaantiffvs Status: CLOSED

PROCTOR, TOIA Filed: 03/13/2008

Defentiant

1'^ Name COLUMBUS CHECK CASHERS INC Type PLAINTIFF

Address PQ BOX 374

1 ^ Crty RANDOLPH State/Zip MA/02368

j 2 j Name PROCTOR, TOIA Type DEFENDANT

Address 3766 DUNLANE CT, :.

City COLUMBUS State/Zip OW43228

Name: WOLFE, CARRIE DOPPES Party Type: PLAINTIFF - PRIMARY ATfORNEY

Address: 995 S HIGH ST Ctty/St/Zip: COLUMBUS, OH 43206

_.. _ _.. . _,. .Status Status Date t3isr3asition Code Disposition Date

CLOSED 03/13/2008 JUDGMENT FOR PLAINTIFF 04/30/2008

Ct,Rm. ResultEvent Date Start End Judge

SMALL CLAIMS 04/24/2008 02:00 02:25 KIMBALl., 118 JUDGMENT F(7RHEARING PM PM DENNIS PLAINTIFF

_:: . . _ . _. _.,_. . _. .__._.. _Docket Application Amount Owed Amount Paid Amount Dismissedl Balance

PAYMENT $645.96 $645.96 $0.00 $0.00

DEPOSIT $645.96 $645.96 $0.00 $0.00

COST $156.00 $156.00 $0.00 $0.00

TOTAL: $801.96 $801.96 $0.00 $0.00

Created Pa ey e Name Descriration Account Check Amount

08/12/2008 CARRIE Case: 2008 CVI 011684 65021 187559 $229.58DOPPES DISBURSEMENT OF A CIVIL WAGEWOLFE

09115/2008 CARRIE Casa 2008 CVI 011684 65021 188816 $208.19DOPPES DISBURSEMENT OF A CIVIL WAGEWOLFE

08/1912008 CARRIE Case: 2008 CVI 011684 65021 187866 $208.19DOPPES DISBURSEMENT OF A CI11IL WAGE pL ,

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FCMC;I'ut)lic Records }'ort.7i http:Ilwtvw.fcmccEer^.cot^vcasc;Irslcasc.rnp

WOLFE

Status Date Total AmountNumber Cash Book Received From8645351 C1VIL WOLFE, CARRlE DOPPES FINAL 03/13/2008 $71.00

8693154 CIVIL WOLFE, CARRIE DOPPES FINAL 06/09/2008 $85.00

8726320 CIVIL ZANER-BLOSER INC FINAL 07/31/2008 $208.19

8720981 CIVIL ZANER BLOSSER INC FINAL 07124/2008 $229.58

8742397 CiVIL ZANER BLOSER FINAL 08127/2008 $208.19,...... :... y .

. : ..:.: , . . .: . .. . . .... .... . ... _ . _.._. .. .. ._ .... .. . _ . . .. :... . . . .. . .. . ... . _- . ... . . . ;

Dockefi Date Dmcket Text ( Expand All - Collapse All) Amount Balance

t}$!17/2012 `!ENTRY FIL:EC) :, , , . .. , ..JUDGMENT ENTRY FILED JDG TYACK

06/04/2009 AFFIDAVIT OF CURRENT BALANCE GARNISHMENT ORDER

AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER

09/15/2008 DISBURSEMENT OF A CIVIL WAGE GARNISHMENT $208.19 $0.00

08/27/2008 DEPOSIT OF CIVIL WAGE GARNISHMENT $208.19 $0,00

ZANER BLOSER Receipt: 8742397 Date: 08/27/2008

08/19/2008 DISBURSEMENT OF A CIVIL WAGE GARNISHMENT $208.19 $0;00

08/12/2008 DISBURSEMENT OF A CIVIL WAGE GARNISHMENT $229.58 $0.00.

0713112008 DEPOSIT OF CIVIL WAGE GARNISHMENT $208.19 $0.00

WOLFE Receipt: 8726320 Date: 07/31/2008

07/24/2008 DEPOSIT OF CIVIL WAGE GARNISHMENT : $229.58 $0.00

WOLFE Receipt: 8720981 Date: 07/24/2008

06/27/2008 EMPLOYMENTQF JUDGMENT DEBTOR VERIFIED BY

- 7.ANER BLOSER

06/20/2008 CERTIFIED MAIL

Method : CERTIFIED MAILIssued : 06/16/2008Service : WAGE GARN BY CERT MAILServed : 06/20/2008Return : 06/20/2008On: ZANER BLOSERSigned By : TONY JOHNSON

Reason : SUCCESSFUL CERTIFIED MAILComment :

Tracking #: C000561190

06/16/2008 CERTIFIED MAIL

fssue Date: 06/16/2008Service: WAGE GARN BY CERT MAILMethod: CERTIFIED MAIL

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PCMC`Public Recor(is Partal

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Cost Per: $ 0.00

ZANER BLOSERATTN: PAYROLLPO BOX 18360COLUMBUS, OH 43218Tracking No: C000561190

litti)l/www.lcnacclerk,ccrttVc:zse/rs/case. ntip:j'a1

0611612008 ORDER AND NOTICE OF WAGES ISSUED BY CERTIFIED

MAIL

06109I2008 WAGE GARNISHMENT FILED $85.00 $0.00

Receipt: 8693154 Date: 06/09/2008

04/30/2008 NOTICE OF COURT ORDER ISSUED

NOTICE OF COURT ORDERSent on: 04/30/2008 11:25:06

04130/20Q8 JUDGMENT INFORMATION:

Judgrnent Arrtount: 350.00Judgment Total: 350.00

Terms: 5% PER MONTH FROM 05-15-07 ON THE LOAN AMT OF $300.00 ANDSTATUTORY INTEREST OF 8% PER ANNUM FROM THE DATE OF JMT ON THE

REMAINING $50.00 AND COST

Judgment Type: SMALL CLAIMS JUDGMENTJudge: TYACK, DAVID BJudgrnent Date: 04/30/2008Referee: KIMBALL, DENNIS RRecommendation Date: 04/30/2008

Judgrnent For: COLUMBUS CHECK CASHERS INC - Plaintiff

Judgment Against: PROCTOR, TOIA - DEFENDANT

Judgment Balance: 350.00Case Total: 350.00Case Balance: 350.00

04130/2008 JUDGMENT FOR PLAINTIFF

The following event: SMALL CLAIMS HEARING scheduled for 04/24/2008 at 2:00pm has been resufted as follows:

Result: JUDGMENT FOR PLAINTIFFJudge: KIMBALL, DENNIS R Location: 1I B LOCATED ON THE 11TH FLOOR

04103/2008 POSTAL FORWARDING NOTICE FORM 3547 FILEDSHOWING ADDRESS FOR THE ADDRESSEE AS

3of4 1/23/20139:11 Ati

1^CMC'Public Recortis l'artal http://www.fctncclerk.caizitcasetrs>ca5e.tinp

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5907 MIDNIGHT LN GALLOWAY OH 43119

03/25/2008 CERTIFIED MAIL

Method : CERTIFIED MAILIssued : 03d18/2008Service : ISSUE SVC FOR SMALL CLAIMSServed : 03/21/2008Return : 03/25/2008On : PROCTOR, TOIASigned By : DAMON WILLIAMS

Reasan : SUCCESSFUL CERTIFIED MAILComment :

Tracking # : C000542172

;103/1812008 CERTIFIED MAIL

Issue Date: 03118/2008Service: ISSUE SVC FOR SMALL CLAIMSMethod: CERTIFIEC? MAILCost Per:. $ 0.00

PROCTOR, TOIA3768DUNLANE CTCOI.UMBUS, OH.43228Tracking No: C000542172

03/13/2008 SUMIVIONSISSUED WITH COPY OF COMPLAINT

03117/2008 SMALL CLAIMS MAGISTRATE HEARING SCHEDULED

FOR 04/24/2008 TIME: 2:00 PMEvent: SMIALL CLAIMS HEARING

rtDate: 04/24/2008 Tirre : 2:00 pmJudge: KIMBALL,. DENNIS RLAcatian: 118 LOCATED C?N "F}-tF 19 TH F? OOR

Resutt: JUDGMENT FORPLAINTIFF

03/1312008 SMALLCLAIMSCOMPLAINTFILEl7 $71.00 $0.00

Receipt: 8645351 Date: 03113l2008

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995 .SOUTT! FfK;H i'rREETC:(?1.Un!(SUS. O(dK) 1:3206r6E.Fl'f{QNl: 1,61 f1 •I,fi-G i7FAX (0 l i) 2 2 1<18 ?t7

October 29, 2009

Carlile Patchen & Murphy LLPAttn: William Yost366 E Broad StreetColumbus, O1-I 43215

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Re: American Kidney Stone )vtanagement Ltd v. Judy f-{arris 07-CVF-53334

Dear Mr. Yost:

Please consider this our final request for the $81.55 sent to yotar office 10/2/08from Franklin County Clerk of Courts through wage garnishment. Qur office has spokento you several times regarding the overpayment for your case which should have beenapplied to ours; 08-CVI-011584.

Please remit $81.55 by Friday, i<Sovember 6, 2009 to our office or we will notifythe appropriate authorities on your unwillingness to com,ply.

^ PLAINTIFF'SEXHtBIT

4

a ^' .,. ^i. y.

IN TFIE MUNICIPAL COURT OF FRANKLIN COUNTY, OHIOF^-B ` 3 P^j

Columbus Checkcashers, Inc.,

Plaintiff, Case no.. rb06,'CV^^.)^?1^^684

V.

Toia Proctor,

Defendant.

ENTRY

This matter is before the Court at the request of the Franklin

County Clerk of Court.

pn/about March 13, 2008, attorney Kevin O'Brien filed a

complaint in this case against the Defendant. On April 30, 2008,

judgment was awarded in favor of the Plaa.ntiff and against the

Defendant. On June 9, 2008, the Plaintiff's Counsel issued an

affidavit and order of garnishment of personal earnings. On June

16, 2008, this Court issued an or.der and notice of wage garnisli-

ment. Subsequently, Defendant's employer, Zaner Bloser, begarl

depositing monies withheld from the Defendant's wages in accordance

with the Court's order of June 16, 2008.

On/about June 16, 2008, Zaner Bloser deposited the sum of

$87.92 with the Clerk of this Court. $81.55 of the $87.92

forwarded by Zaner Bloser to the Clerk should have been applied to

the wage garnishment in this case. The balance, $6.37, should have

been applied to the wage garnishment of another Zaner Bloser

employee, Judy Harris, who was a Defendant in American Kidney Stone

Management Ltd. v. Judv Hari.s, Case No.: 2007 CVF 053334.

However, the entirety of the $87.92 was mistakenly sent to attorney

PLAINTIFF'S

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r

W,i.lliani Yost of Carlile, Patchen & Murphy.

In view of this error, William Yost is, within thirty (30)

days of the date of this Eiztry, ordered to return the sum of $81.55

to the Franklin County Municipal Clerk of Court. Further, within

thirty (30) days of the date, on which Yost deposits the aforesaid

sum with the Franklin County Municipal Court Clerk, the Clerk is

ordered to disburse the sum of $81.55 to O'Brien and satisfy the

judgment i-n this case.

IT IS SO ORDERED.

u.dge

Apgroved :.,. . ..^...

KevIi7. O''Brien (0028i08)

Kevin O' BrienKEVIN b' BRIEN & . ASSOCIATES CO., L. F. A.

995 South High St.Columbus, OH 43206614`224-3080Counsel for P1.aintiff

William YostCarlile, Patchen & Murphy, L.L.P.

366 E. Broad St.Columbus, OH 43215.

IN THE FRANKLtN COUNTY NIUNlCiPAL COURTCOLUMBUS, OHIO

COLUMBUS CHECKCASHERS, INC.

V.

Plaintiff,

TO€A PROCTOR,

Case 1Va. 2008 CVI 01 1684

Defendant...^-

JUDOMBNT ENTRY

This mafter came before the Court sua sponte, upon the Court's,gwn

Motion. An Entry had been filed on February 3, 2010 regarding reimbursement of fundssent by mistake by the Clerk's office to counsel an a different case, which Entry was

subsequently vacated by. the Court. Upon review of the file and documentation of the

mistake made in disbursement of funds received, it is hereby

ORDERED and AJUDGED that the Clerk's office is directed to forthwith

forward to Plain#iffs counsel in this matter, Kevin O'Brien, the amount of $81.55,

representing funds previously collected from Defendant's employer fihat should have

been paid in this case, which funds were mistakenly sent to another attorney under

case number 2007 CVF 53334 on or about October, 2008:

August 17, 2012 JUDGE D.AVt R ACK

Pl.AlNTtFF'sEXH1Bti'

^ -----

FIZr1.Nt{I,IN COUN'I'Y MUNrC..'It'AL COURTCIVIL DtVISION, 3RD FLOOR

375 SOU'I'II CIIGEI sTREE'I'COLUMRUS, 0I$.10 43215

CI-IECKS 2 C;ASI-I INC clo JONATHAN HOLFINGER495 SOUTH HIGH ST STE 250COL[JMI3US OH 43215

STYLE: CHECKS 2 CASH INC vs. DAWN C REESE

CASE NO,: 2004 CVI 035812

iNOTICE OF COURT ORDER

THE ABOVE NAMED PARTY IS HEREBY NOTIFIED THAT A COURT ORDER WASFILED AND DOCKETED, WHICH STATES IN PERTINENT PART:

10/08/2004 IVIAGISTRAT:IIS DECISION AND JUDGMENT ENTRY FILED FORPLAINTIFF IN SUM OF S600.00 PLUS 4 % IIC PER JUDGE I-IALE

MICI-I:AEL A. PIRIK, CLERKBY: A C

DEPUTY CLERKPH+C7NE : 624-645-7220

THE FOREGOING W'AS SENT TO THE ABOVE NAMED rNrDIVIDUAL BY ORDINARYU.S. MAIL THIS DATE October 12, 2004

PL.ABNT'iFF`SEXHIBIT

.^ ------------

t.., r .

IN THE MUNICIPAL COURT OF FRANKLIN COUNTY, ®i1YfJp ^ v

lf SfChecks 2 Cash, Inc.^Case No.: 2004 CVI ®35842J y: ^J

(Judgment Creditor) ^l.f^^

Dawn C Reese SS# 297-86-6042392€3 Laurel LnColumbus, Oh 43232(Judgment Debtor)

AFFIDAVIT TO ISSUEORDER AND NOTICE OF GARNISHMENT OF PERSONAL EARNINGS

Having first been duly sworn or solemnly affirmed to do so, I hereby state that I am the judgment creditoror the attorney for the judgment creditor in the above referericed case against the named judgmentdebtor; that there is good reason to believe, and I do believe, that National City Bank Attn: Jarnie Kane01-5124, 4100 W 150th Avenue, Cleveland, OH 44135 is an employer of the judgment debtor and haspersonal earnings owing to the judgment debtor that are not exempt tinder section 2329.65 of the RevisedCode; that the written dernand on judgment debtor required by section 2716.02 of the Revised Code hasbeen made at least 15 days and not more than 45 days before the date of the filing of this affidavit; thatthe payment demanded in said written demand has not been made, nor has a sufficient portion of thepayment been made to prevent the garnishment of personal earnings as described in said section; that Ihave no knowledge of any application by the judgment debtor for the appointmentof a trustee, or that thedebtor is the subject of a debt scheduling agreement, either of which would preclude the garnishment ofthe judgment debtor's personal earnings.

Date of judgment is October 8, 2004.

The total probable amount now due on this judgment is 757.09.

The total probable amount now due includes the uiipaid portion of the judgment in favor of the judgmentcreditor, which is $600.00 , interest on that judgment and, if applicable, prejudgment interest relative to thatjudgment at the rate of 4% per annum payable until that judgment is satisfied in full, and court costs in theamount of . 157.89, which includes the $85.00 filing fee for the issuance of the garnishment beingrequested.

i~lJ HER AFFIAN SAYETH lVOG T.

SIGNATURE OF JU EIVT CREQ! T R ATTORNEY

22021

0,;►i9^'

;S'xqr ®,A^^ra'°ry QF`^

USA Gi'iEGGS-C4RNETfWTARY PU911C, STATE 0f OiNQ

Ait' COII^,itSStQN EliP1RES JUNE 23, 2010PLAlNnFF'S

EXHIBIT

SWORN TO AND SUBSCRIBED BEFORE ME ON

:;^5.^

NOTICE OF COURT PROCEEDINGS TO COLLECT A DEBT

Date of MaRiing or Service by the court: 09/30/2005

To: Dawn C Reese 3928 Laurel Ln, Coiumbus, ah 43232

You owe the undersigned Nationai-Check Cashers the sum of $600.00 , plus interest and court

costs, for which a judgment was obtained in the Franklin County Municipal Court on '! 018f2004,

payment of which is hereby demanded.

if you do not do one of the three things listed below within fifteen ( 15) days of the date of the mailing

of this notice or of its service by the Court, we wiii go to Court, unless we are otherwise precluded bylaw from doing so, and ask that your employer be ordered to withhold money from your earnings untilthe judgment is paid in full or, if applicable, is paid to a certain extent and to pay the withheld moneyto the court in satisfaction of your debt. This is called garnishment of personal earnings. It is to youradvantage to avoid garnishment of personal earnings because of the extra burden on your employerpossibly could cause you to lose your job.

YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE THINGS WITHIN

THE FIFTEEN-DAY PERIOD:

(1) Pay to us the amount due;

(2) Complete the attached form entitled "Payment To Avoid Garnishment" and return it to us with thepayment, if any, shown due on it; or'

(3) Apply to your local municipal court or county court or, if you are not a resident of Ohio, to themunicipal or county court in whose jurisdiction your place of employment is located, for theappointment of a trustee to receive the part of your earnings that is not exempt from garnishment,and notify us that you have applied for the appointment of a trustee. You will be required to list yourcreditors, the amounts of their claims, and the amounts due on their claims and the amunt you willthen pay to your trustee each payday will be divided among them until the debts are paid off. Thiscan be to your advantage because in the meantime none of those creditors can garnish your wages.

You also may contact a budget and debt counseling service described in division (D) of Section2716.03 of the Ohio Revised Code for the purpose of entering into an agreement for debtscheduling. There may not be enough time to set up such an agreement in order to avoid agarnishment of your wages based upon this demand for payment, but entering into such anagreement might protect you from future garnishments of your wages. Under an agreement for debtscheduling, you will have to regularly pay a portion of your income to the service, until the debtssubject to the agreement are paid off. This portion of your income will be paid by the service to yourcreditors who are owed debts subject to the agreement. This can be to your advantage becausethese creditors cannot garnish your wages while you make your payments to the service on time.

995 South High Street National Check CashersColumbus, Ohio 43206 (Name of,ludgment Creditor)(Address of Judgement Creditor)

22021 (Signature of Judgment Creditor or Attrarney for.ludgmentCreditor)

PAIViENT TO AVOID GARNiSHME(VT

-I"o: National Check CaShers 995 South Hinh Street, Coiumbus, Uhio 43206(Name and address of Judgment Creditor)

To avoid the garnishment of personal earnings of which you have given me notice, I enclose$ to apply toward my indebtedness to you. The amount of the payment computes as

follows:

1: Total amount of indebtedness demanded: (1) $2. Enter the amount of your personal earnings after deductions required

by law, earned by you during the current pay period (that is, the payperiod in which this demand is received by you): (2) $

3. (A) Enter your present pay period (weekly, bi-weekly, monthly, etc.): (3A)(B) Enter the date when your pay period ends: (38)

4. Enter an amount equal to 25% of the amount on line 2: (4) $5. (A) The current federal minimum hourly wage is $5.15.

(you should use the above figure to complete this portion of the form.)If you are paid weekly, enter thirty times the current federal minimum hourlywage, if paid bi-weekly, enter sixty times the current federal minimum hourlywage; if paid semi-monthly, enter sixty-five time the current federal minimumhourly wage; if paid monthly, enter one hundred thirty times the currentfederal minimum hourly wage: (5A) $(B) Enter the amount by which the amount on line 2 exceeds the amount on line 5(A):

(5B) $6. Enter the smallest of the amounts on lines 1, 4, or 5(E3). Send this amount

to the judgment creditor along with this form after you have signed it: (6) $

I certify that the statements contained above are true to the best of my knowledge and belief.

(Print Name and Residence Address of Judgment Debtor) (Signature of Judgment Debtor)

(To verify that the amount shown on line (2) is a true statement of your earnings, you must eitherhave your employer certify betow that the amount shown on line (2) is a true statement of yourearnings or you may submit copies of your pay stubs for the two pay periods immediately prior to youreceiving this notice.)

I certify that the arnount shown on line (2) is a true statement of the judgment debtor's earnings.

(Print Name of Employer) (Signature of Employer of Agent)

f certify that I have attached copies of my pay stubs for the two pay periods immediately prior to myreceiving.this notice.

(Signature of Judgment Debtor)

22021

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_ ... _ . ..... ^._ . _ . _. :.. . .._...;..:. .. .._. ^. .SMALL CLAIM CASE SUMMARY..... ....... . . . ...... ,._..._. ........ _.._.

: CHECKS 2 CASH Case No. 2004 CVI 035812Plaintiff

Vs

; REESE,. DAiNN CDefendant

1 Name CHECKS 2 CASHAddress P O BOX 12148

^ City COLUMBUS

2 Name REESE, DAWN C Type DEFENDANT^ (Address 3928 LAUREL LN

City COLUMBUS State/Zip nH/43232

,.. .. .._ _• _.. :. ....... . .... _..:. .Stetus Status Date Dispos ►tion Code Disposition DateCL(^SED 08l31l2004 JUDGMENT HEARD BY MAGISTRATE 10/08/2004

..Event D te Start End Judne Ct.Rm. ResultSMALL CLAIMS 10l0712004 02:00 02:25 MAGISTRATE,HEARING PM PM TEMP

. ,_Docket ARjaficat6on Amount Dwed Amount Paid Amount Dismissed Baiance

DEPOSIT $757.09 $757.09 $0.00 $0.00

PAYMENT $757.09 $757.09 $0.00 $0.00

COST $217.00 $217.00 $0.00 $0.00

TDTAL: $974.09 $974.09 $0.00 $0.00

CreatedPavee Name

01/25/2006 JONATHANHOLFINGER

02/02/2006 JONATHANHOLFINGER

01/17/2006 JONATHANH0LFiNGER

02/24/2006 JGNATHANHOLFINGER

I of 4

Status: CLOSED

Filed: 08/31/2004

TYPe PLAINTIFF

State/Zip QHI43212

Descriptinn

Case: 2004 CVI035812DISBURSEMENT OF A CIVILWAGE

Case: 2004 CVI 035812DISBURSEMENT OF A CIVILWAGE

Case: 2004 Cl/I 035812DISBURSEMENT OF A CIVILWAGE

Case: 2004 CV! 035812DISBURSEMENT OF A CIVILWAGE

Account Check Arriount

65021 151518 $210.48

65021 151880 $187.70

65021 151269 $187.38

65021 152529 $171.53

PLAiNi7FF'8E'XHIB1T

^ ^T

FC:M,C Public Records Portal

.^. (_ _. . ^,._...

Number CashBook R+eceivedFrom Status Date TotalArnount

4715946 CML HOLFINGER, JONATHAN FINAL 08/31/2004 $47.005626014 CIVIL DUF'ONT, GREGORY FINAL 02/18/2005 $85.00

'6610970 CIVIL NATIONAL CITY CORPORATION FINAL 01/20/2006 $187.706619118 CIVIL NATIONAL CITY CORPORATION FINAL 02/06/2006 $171.535758042 CIVIL O'BRIEN, KEVIN J FINAL 11/04/2005 $85.006605526 CIVIL NATIONAL CITY CORP FINAL 01/12/2006 $210.48

' 6601539 CIVIL NATIONAL CITY CORPORATION FINAL 01/05/2006 $187.38

, .. ..... _. .,_ ..._ _. .... .Docket Dafe Docket Text (Expand All - ColPapse AN) Amount Balance02/24/2006 DISBURSEMENT OF A CIVIL WAGE GARNISHMENT $171.53 $0.00

' 02/06/2006 DEPOSIT OF CIVIL WAGE GARNISHMENT $171.53 $0.00HOLFINGER Recelpt: 6619118 Date• 02/06/2006

02/02/2006 DISgURSEMENTOF A CIVIL WAGE GARNISHMENT

; 01/25/2A06 DISBURSEMENT OF A CIVIL WAGE GARNISHMENT

01/20/2006 DEPOSIT OF CIVIL WAGE GARNISHMENT

HOLFINGEF2 Receipt: 6610970 Date: 01/20/200601/17/2006 DISBURSEMENT OF A CIVIL WAGE GARNISHMENT

01/12/2006 DEPOSIT OF CIVIL WAGE GARNISHMENT

HOLFINGER Receipt: 6605526 Date: 01/12/200601/06/2006 EMPLOYER VERIFIES EMPLOYMENT

NATIONAL CITY BANK VERIFIES EMPLOYMENT

01/05/2006 DEPOSIT OF CIVIL WAGE GARNISHMENT

HOLFINGER Receipt: 6601539 Date: 01/05/200611 /29/2005 . IMAGE OF GREEN CARD

11/28/2005 CERTIFIED MAIL

11/16/2005

11/14/2005

Method : CERTIFIED MAILIssued : 11114/2005Service : WAGE GARN BY CERT MAILServed : 11/25/2005Return : 11/28/2005On : NATIONAL CITY BANKSigned By : F SOFOSKI

Reason : SUCCESSFUL CERTIFIED MAILCvrrnment :

Tracking # : C000375537

MOTION TO TAX EXPENSES

WAGE AFFIDAVIT FILED

CERTIFIED MAIL

lattp://www. fcmcclerk.cotia/case/rs/cas e.p1zl

$187.70 $0.Q0

$210.48 $0.Q0

$187.70 $0.00

$187.38 $0.00

$210.48 $0.00

$187.38 $0.00

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FCMC I'ub(ic Records Portal http://Nvtvw. ti;mcclerk.coiyVcase/i-,,;/case.pl

Issue Date: 11/14/2005Service: WAGE GARN BY CERT MAILMethad: CERTIFIED MAILCost Per: $ 0,00

NATIONAL ClTY BANKATTN: JAMIE KANE 01-51244100 W 150TH AVECLEVELAND, OH 44135Tracking No: C000375537

11/14/2005 ORDER AND NOTICE OF WAGES ISSUED BY CERTIFIEDMAIL

11/04/200$ WAGE GARNISHMENT FILED $85.00 $0.00

Recelpt; 5758042 Date: 11/04/2005

: Q3/10/2005 NO MONEY PAID FOR GARN DATED

GARN DSM AT CREDITOR'S COST. NO MONEY PAID FOR GARN DATED 022205BAILIFF SAYS INABILITY TO SERVE CANNOT LOCATE THIS ADDRESS.

' 02122l2005 ORDER AND NOTICE OF GARNISHMENT OF WAGESISSUED BY BAILIFF SERVICE

ORDER AND NOTICE OF GARNISHMENTSent on: 02/22/2005 09:40:30

02/18/2Qt}5 WAGE GARNlSNMENT FILED $85.00 $0.00

Receipt: 5626014 Date: 02/18/2005

10/1212QQ4 NOTICE OF COURT ORDER ISSUED

WITH COPY OF ORDER ATTACHED

NOTICE OF COURT APPEARANCESent on: 10/12/2004 09:34:09

10/08/2004 MAGISTRATES DECISION AND JUDGMENT ENTRY FILEDFOR PLAINTIFF IN SUM OF $ PLUS 8°lo I/C PER JUDGE

MAGISTRATES DECISION AND JUDGMENT ENTRY FILED FOR PLAINTIFF INSUM OF $600.00 PLUS 4°!o I/C PER JUDGE I'fALE

09/14/2004 ORDINARY MAIL CERTIFICATE OF MAILING DATED & FILEDNEXT BUS. DAY

Issue Date: 09114/2004Service : OM ISSUE SVC FOR SMALL CLAIMSMethod : ORDINARY MAILCost Per :$ 0.00

REESE, DAWN C3928 LAUREL LNCOLUMBUS, OH 43232

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_-------__.-_-----FCMC Public Records Portailattp;//www.fcmccterk.com/case/rs/case.pt..,^^.,.r

yr: _

Tracking No: 0000218679

09/14/2004 SUMMONS AND COPY OF COMPLAINT ISSUED BY ORDMAIL CERT. OF MAILING DATED & FILED NEXT BUS. DAY.

09/01/2004 CERTIFIED MAIL

Issue Date: 09/01/2004Service : ISSUE SVC FOR SMALL CLAIMSMethod: CERTIFIED MAILCost Pec :$ 0.00

REESE, DAWN C3928 LAUREL LNCOLUMBUS, OH 43232Tracking NO:. C000303970

09/01/2004 SUMMONS ISSUED WITH COPY OF COMPLAINT09/01/2004 SMALL CLAIMS MAGISTRATE HEARING SCHEDULED

Evont: SMALL CLAIMS HEARINGDate: 10/07/2004 TirnE: 2:00 pmJudge: HUMMER, MARK Locatiort: 10B LOCATED ON THE 10TH FLOOR

08/31/2004 SMALL CLAIMS COMPLAINT fitLED $47.00$0.00

Receipt: 4715946 Date: 08/31/2004

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1/23/2013 9:34 AM

.Kevin 013nfe?'2 kAssoclates Co., Laf.'A_:1 TTr.) !t N F Y s A. `r I, A W

KEVIN J. C)'I3RIEN

C:,tiXRIF DOPPES WOLFE

OPCOC7iVSF.4

R.OiiERT ISARDWFLL

995 SOUTE{ HIGH STREETCOLUMBUS, QH1O 43206TELEPHONE (614) 445-6757FAX (6 ) 34} 224-4870

OF COUtNSf.L•

TI-IOMAS F. MAItTELLO, j1t.

CO[.UINBUS, OHIO

LEISA BOLEY .FiELLWAJt`I'HCELINA, OHIO

KIM M. HALLlIIU12TON-COI-lENUPPER AItLINGTQN, nHfO

Ma.y 1, 2007

Jonathan L. Holfinger, Esq.495 S. High St. , SUite 220Columbus, OH 43215

Re: Checks 2 Cas1z.Ixxc. v. Dawn D. Reese

Dear Jon:

In reviewing the Court docket in the above-referenced case it lookslike the Court disbursed $757.09 to you on a wage garnishment wefiled. It looks like the Court did not pick up our appearance.

Would you mind looking into this matter and advising what hasbe he money. Thanks. Best regards. I am,

r uly your

Ke n O' Brien

encls

^ PL.AfNTIFF'SEXHI®tT

10--^-----^-___.

/ .^

f `( iF G µ

v

f •^ ^ :.,. ,,,,^IN THE MUNICIPAL COURT OF FR.ANKLT$ `,"tJU^. seOHTO

Checks 2 Cash, Inc. , `11(0 FEB -t^ p; i 55

Plaintiff, Cas^__iga, ,, 20Q4,,CYZ 035012

f ( ^:?(lr^f't{ .

. . . . . . . n, -

Dawn C. Reese,

Defendant.

ENTRY

This matter is before the Court at the request of the Franklin

County Clerk of Court. On/about November 4, 2005, attorneys Kevin

O'Brien and Carrie Dcippes-Wol.fe entered their appearance for the

Plaintiff in this case in the place and stead of Jonathan L.

Holfinger. On the same date, O'Brien and Doppes-Wolfe filed an

Affidavit to Issue an Order and Notice of Garnishment of the

Pexsonal. Earnings of the Defendant. The Defendant's employer

complied with the Court's order and deposited the sum of $757.09

with the Clerk of Court which money was later mistakenly disbursed

by the Clerk to Holfinger, instead of O'Brien/Doppes--Wo1fe.

In view of this error, Jonathan L. HoZfinger is, within thirty

(30) days of the date of this Entry, ordered to return the sum of

$757 , 09 to the Franklin County Municipa]. Clerk of Court. Further,

within thirty (30) days of the date on which Holfinger deposits the

aforesaid sum with the Franklin County MunicipaJ. Court Clerk, the

Clerk is ordered to disburse the sum of $757.09 to O°Brien/Doppes-

Wo7.fe and satisfy the judgment in this case.

11

^ ^ .

CHECKS 2 CASH, INC. V. DAWN C. REESE, CASE NO. : 2004 CVI 035812,PAGE 2 OF 2

IT IS SO ORDERED.

y^ ^ ^ ^E ANDREA C. I^^,L

Judge

FEB 3 2010

Kevin O' Brien,KEVIN t)'HRIEN & ASSOCIATES CO., L.P.A.995 South High St.Columbus, OH 43206614/224-3080Counsel for Plaintiff

Jonathan L. HolfingerHolf.i.nger. Law Office495 S. High St., Suite 220Columbus, OH 43215614/224-6240