IN THE COURT OF COMMON PLEAS CUYAHOGA COUNPY) GHD pep ae ISH BON NATIONSBANC MORTGAGE CORPORATION 7 WO. 38024 t super: Plaintiff KATHLEEN A, SUTULA V8. AFFIDAVIT ) ) ) ) ) RICHARD F, DAVET, etal, ) ) ) Defendants PREFACE: THE AFFIDAVIT S&T FORTH BELOW IS BEING FILED BY A PRIVATE CITIZEN WITH THE HONORABLE JUDGE KATHLEEN A, SUTULA PURSUANT TO SECTION 2995.09 OF THE OHIO REVISED CODE. DEFENDANT RICHARD F, DAVET, A PRIVATE CITIZEN KNOWLEDGEABLE OF FACTS THAT A FELONY HAS BEEN COMMITTED BY PERSONS IN THE STATE OF OHIO, DOES SO CHARGE SAID PERSONS IN THIS AFFIDAVIT AND EXPECTS, BY THIS FILING, THAT THE HONORABLE JUDGE SUTULA SHALL FORTHWETH ISSUE A WARRANT FOR THE ARREST AND PROSECUTION OF SAID PERSONS PURSUANT TO SECTION 2935.10 OF THE OHIO REVISED CODE,PAGE 2 (For reference) NAMES & ADDRESSES ARE HEREIN PROVIDED OF THOSE PERSONS CHARGED IN AFFIDAVIT: NATIONSBANC MORTGAGE CORPORATION 205 PARK CLUB LANE BUFFALO, NY 14231 H. RANDALL CHESTNUT, CHIEF EXECUTIVE OFFICER NATIONSBANC MORTGAGE CORPORATION 205 PARK CLUB LANE BUFFALO, NY 14231 RICHARD McNEELIE, MANAGEING PARTNER McNELLIE & RINT CO, LP.A. 25200 CHAGRIN BOULEVARD, Suite 249 CLEVELAND, OH 44122PAGE 3 AFFIDAVIT The undersigned, being duly sworn, doss hereby state that the persons NAPIONSBANC MORTGAGE CORPORATION, H. RANDALL CHESTNUT, and RICHARD MeNELLIE, without standing or privilege for so doing, did knownngly and complicitly attempt to facilitate a fraud upon Affiant by filing this foreclosure lawsuit ( CASE NO. CY 308224) in Cuyahoga County Common Pleas Court, State of Ohio, By so acting, the named persons did complicitly initiate a "Sham legal Process" in violation of Section 2921.52 of the Ohio Revised Code, as defined in Section 2921.52 (A){4), Also, the persons charged violated Section 2921, 13(A){1) of the Ohio Revised Code by making a false statement when filing the foreclosure lawsuit on March 1, 1996, In its filing, NATIONSBANC MORTGAGE CORPORATION falsely stated it hed an equity ownership interest in the Affiant's teal estate mortgage, and its attendant note, upon which foreclosure action was being sought. Such falsification is evidenced as a matter of public record. Consequently, the persons charged herein did also specifically violate Section 2921.52 (B)(4) of the Ohio Revised Code by knowingly committing a felony by using shan legal process.PAGE 4 Evidence of the felonious act of the persons charged is set forth in attached Exhibit "A" which is incorporated herein by reference, Exhibit A is a copy of the Complaint for foreclosure filed on March 1, 1996 by RICHARD McNELLIE, Counsel for NATIONSBANC MORTGAGE CORPORATION (NMC) at the direction of NMC Chief Executive Officer, H. RANDALL CHESTNUT, In said Complaint, the false statement is made that NATIONSBANC MORTGAGE CORPORATION is owner of the real estate mortgage and note upon which foreclosure is Affant further states that the filing of ti sought. is Affidavit with Judge Sutula +8 not any being done in good faith but is also being done in the spirit of civic duty as authorized under Section 2995.09 ORC. AFPIANT SAYETH NOTHING FURTHER, (hy et Richard F. Davet, AFFIANT Sworn to and acknowledged before me this th Day of September, 1998, Daellead Air (HL x etn ‘SUE PHILLIPS iat vo NOTARY & SEAL my connidannSgSttget So,PAGE § PROOF OF SERVICE The undersigned hereby certifies that a true and exact copy of this AFFIDAVIT FILED WITH THE HONORABLE JUDGE KATHLEEN SUTULA was mailed to Ted A. Humbert, Attorney for Defendant, Bank One, Cleveland, NuA., at 323 Lakeside Avenue, Suite 200, Cleveland, OH 4413; Jeffrey F, Slavin, Attorney for Defendant, Body, Vickers & Daniels at 75 Public Square, Suite 1225, Cleveland, OH 44113; Robert 2, Olender, Attorney for Defendant, Amecican National Bank at 925 Euclid Avenue, Suite 1940, Cleveland, OH 44115; Stephen M. Darlington, Attorney for Defendant, Huntington National Bank at 917 Zuclid Avenue, Cleveland, OH 44115; and {yn G, Davet at 24800 Community Drive, Beachwood, OHIO; by ordinary U.S. Mall., this 15th Day of September 15, 1998, ‘ RICHARD P, DAVET, AFEIANTEXHIB, a "A " 9-15-9¢/ F96-96/kd} (02-29-96) In THE COURT OF COMMON PLAAS CUYAHOGA COUNTY, OHIO NacionsBanc Mortgage Corporation CASE NO.: 205 Park Club Lane’ Buffalo, NY 14231 JUDGE: Plaintiffé 30 vS- Richard F. Davet CONFLAINT WITH NOTICE REQUIRED 24800 Commmity Drive BY. IR DEBT Beachwood, Ohio 44122 PRACTICES ACT ATTACHED Jane Doe, Real Name Unknown, Permanent Parcel The Unknown Spouse, if any, of Nos.: 741-22-009 Richard F, Davet 741-12-010 24800 Community Drive Beachwood, Ohio 44122 Bank One, Claveland NA 1255 Buclid Avenue Cleveland, OH 44214 American National Rank 8603 Ridge Road Parma, Ohio 44129 Body, Vickers, & Daniels, nka, ‘Vickers, Daniels & Young 80 Public Squaxe Terminal Tower, #2000 Cheveland, Ob16 “44113 Huntington National Rank S17 Euclid Avenue Cleveland, Ohio 4411S Defendants FIRST COUNT i. Plaintiff says that it is the owner and holder of a certain promissory note, a copy ef which is attached hereto, merked Exhibit “Av, and made a part hereof; that py reason of default in the payment ef the note and mortgage securing same, it has declared aaid debt due; and, that there is due and unpaid thereon the sum of $83,162.89, plus inter st at the rate of 9.00% per annum from April 1, 1995§ CHIBIT Alagsg re , SECOND COUNT 1. Plaintiff incorporates herein by reference all of the allegations contained in its first count, and further says that it ia the owner and holder of a certain mortgage deed, securing the payment of said promiasory note, a copy of which mortgage deed is attached hereto, marked Exhibit “B", and made a part hereof; and, that said mortgage is a valid and first lien upon the premises dezeribed in said mortgage deed. 2, Plaintiff says that tne conditions of said mortgage deed have been broken, by reason of default in payment and the same has become absolute; and, that the defendants named in this complaint have or claim to have an interest in the premises described in Exhibit pn", 3, Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it may, from time to time during the pendency of this action, advance sums to. pay real estate taxes, hazard insurance premiums and property protection and maintenance, which sume so advanced are a good and valid first lien upon the premises described in Exhibit "BY, Plaintiff further says that it has performed ali of the conditions precedent required to be performed by it. WHEREFORE, plaintiff demands judgment against the defendant, Richard F. Davet, in the sun of $83,162.89, plus interest at the rate of 3.00% per annum from April 1, 1995; that the defendants named herein be requixed te answex and set up any claim that they may have in said premises or be forever barred; that the plaintiff be found to have a first lien on said premiass for this amount so owing, together with its advances made pursuant to the terms of the mortgage for real estate taxes, insurance premiums and property protection and maintenance; that upon failure to pay said amount within three (3) days thereafter, sald premises be ordered appraised, advertised andEXHIB/ A‘. Q-1s- 4% PG 3 sold according to law; that from the proceeds of said sale, she plaintiff be paid the amount so found due it; and, that plaintiff be receive. Xt RICHARD L. McNELLTE (0032130) Attorney for Plaintifé 28601 Chagrin Blvd., SUITE 600 Cleveland, OH 44122-4531 (216) 360-7200