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.