sup^we-02urt clerk of ccurt nov 2 g:'zolz exhibit d 2009 cv 01062 bac home loan and servicing...

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 ►̂

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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£,

Ê.Rêeî^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^^RÊTJAD^ )^^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

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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

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Docket Search

2009 CV 01062 BAC HOME LOANS SERVICING LP VS. SCHAEFFER, DANIEL G et al LJP

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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)

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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

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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

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2/22/2012

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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

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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)

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2/22/2012


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

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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

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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

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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 Î 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 1qîQrRE ^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^ (faEîltîyTd

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'h41RTEEôr REPRESENTATIVE^ _^.. ^ D E

RECEIPT PAYMEN OF CONVEYANCE FEETh^ yar ce fee reqîêd^bp section 319 54 (Ff ' C.. a it ap t e fee required by Chapter

$__ ^fasbêft 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


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


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.


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^

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Delivered January 24, 2012, 9:07 am RAVENNA. OH 44266 Guarantsed By:

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Anival at Post Ofhce January 24, 2012, 826 am RAVENNA, OH 44266

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Processed through January 23. 2012. 10:15 pm AKRON, OH 44309

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(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^ît&,"^ G13 0^4/^

1J41'11Y ;711EY

W iTN^ 1611 SS E

y^SE ^.cE" /^Êv î=yCe'^/i/^-"/>fs •.^LiVi f/f' CiClÊ.%^^/^ e^y ^l^C/' 1^^^/Ê^

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^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,


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: [email protected]

[email protected] 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


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


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2011 CV 01192 SNYPE, EMELDA VS. COST, ANN MORGAN JAE

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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 ^

..^--•- '


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

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2/24/2012

Vi. L... LVS^. LJ.'^V L+.V 1V

COURT OF COMMONPORTAGE COUNTY,

^LJi 1 ^ Vd


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

sup^we-02urt clerk of ccurt nov 2 g:'zolz exhibit d 2009 cv 01062 bac home loan and servicing...

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