10 clerk pf cqurt - supreme court of ohio › pdf_viewer › pdf_viewer.aspx?pdf=667816.pdf[kenneth...
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IN THE SUPREME COURT OF OHIO
DEUTSCHE BANK NATIONAL TRUST)
COMPANY
Appellee
Kenneth S. Taylor, et al.
JUN ^ 1 Nt0
CLERK pF CQURT
AN'I'S KENN
Case No 10-0939
MOTION TO STAY EXECUTIONOF JUDGMENT. EMERGENCYINJUNCTIVE RELIEF FROMORDER OF UNLAWFUL SALE OFPROPERTY
On Appeal From the
- DISTRICT C.A.NO- 25281
URT OF APPEALS NINTH JUDICIAL
10
CION OF JUDGEMENT. EMERGENCI
Now come Defendants -Appellants Kenneth S. Taylor and
Alycia Driggins Taylor ("the Taylor's") who MOTION TO STAY EXECUTION
OF JUDGEMENT EMERGENCY INJUNCTIVE RELIEF FROM ORDER OF
UNLAWFUL SALE OF PROPERTY. Kevin Williams of Manley Deas
Kochalaski has filed an unlawful Order of Sale of Defendants property with trial
court on 06/ 01/ 2010 in the face of danger. See Exhibit (A) Kevin Williams
signature is false and a forgery this is the absolute highest level of criminal/and /or
civil fraud perpetrated to disengage the Defendants from their home in which they I
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have resided 22 years. Kevin Williams and the lawyers using his name forging his
signature should both be disbarred and immediately removed from this case and
the Prosecutor's Office in Ohio has to be made aware of these crimes. Both
attorneys involved are doing so unlawfully and both their actions step outside the
bounds of human decentness. Kevin Williams and his law firm was fully Apprised
of the Defendants Case before this high court but yet, without any regard and
respect for the court in a dogmatic arrogant fashion in the face of danger
committed this fraud, a crime in the presence of the Supreme Court of Ohio, and
this court should not only remove both lawyers from case but should introduce
them to the State of Ohio Prosecutors Office. We implore this high and powerful
Supreme Court Of Ohio to Stay the Trial Court Order of Sale filed by Plaintiffs
attorney who has never filed notice of appearance with the trial court, is using
another firm and attorney both together at the same time making these illegal filing
with the court both attorneys are operating unlawfully neither one has a legal right
to be involved in this case, both Robin Wilson and Kevin Williams have made
false declarations to this court each and every document filed in this case is
fraudulent See Exhibit ( B ) a forgery of Kevin Williams Signature by someone
from the law firm of Manley Deas Kochalksi in Columbus Ohio in a final decree
order. This crime carries a fine of 5 years in prison (18USC 1623) also Robin
Williams committed both Civil and Criminal Conspiracy See Exhibit (C) this high
court must act immediately this is a emergency The court must not let these
criminal acts by both attorneys lead to a chance that the Defendants home will be
sold at a sheriffs sale before this case is fully adjudicated. That is likely to result in
the regurgitation and disgorge of property later, causing substantial injustice too
move out of home prematurely and move back in later The court should exercise
some of its muscle and power proactively in this case. We now and for last pray
this court enter a order granting Defendants a stay of all proceedings and
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emergency injunctive relief from order of sale filedrby the missing attorney who
remain as missing in action. ^^^3 GG
Alycia Taylor- Driggins, K S. aylor [prose] / for Defendant! Appellant
Kenneth S. Taylor 8610 Hadden Road Twinsburg Ohio 44087 1-330-425-1542
katickit ,vahoo.
Memorandum In u ort
1.} Given the real estate market today and fact that most homes foreclosed upon
stand empty and unattended too the prejudice to Kenneth S. Taylor & Alycia A
Taylor Driggins - appellants being forced out of their home in which they have
resided in for 22 years is substantially greater than the interest of DBNTC, the
Trustees, which will not be moving in to the home Themselves. Given the fact the
have never shown up to protect their allege interest in the appellants home, and
their attorneys have never appeared at any hearing, and there is absolute proof
before this court of fraud, and forgery by the law firm Manley Deas, who filed this
lawsuit and forged attorney Kevin L Williams signature on documents filed with
the trial court. See exhibit (B). Moreover no one has ever seen this attorney he
must not be with this firm any longer and the firm has resorted to lies and forgery
of his name out of complete desperation and disregard for the law. Given these
circumstances the appeals court should reverse the trial court ruling. See exhibit
(E) the fact that a Lis Pendis is filed on title with Summit County Recorder's
Office See exhibit (C). And defendants have a pending Counterclaim, See exhibit
(D). And a fraudulent forged final decree order and Title search has been submitte
into trial courts records as evidence by Plaintiffs, the likelihood of a buyer is slim
to none until the result of this litigation is resolved. The Appeals Court should not
hesitate in reversal of this case, as the attorneys are ghost, and are illegally
involved in this case and have destroyed any fairness to appellants.
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2.1 Whether there exists "a substantial question" and "good cause" for a stay turns
on the applicant's "reasonable probability of succeeding on the merits and whether
the applicant will suffer irreparable injury." Books v. City of Elkhart, 239 F.3d
826, 827 (7th Cir.), cert. denied, 121 S. Ct. 2209 (2001). If either one of these
elements is established, the stay should be granted. See id. At 829 (granting stay
"although the [applicant] presents a weak case for a grant of certiorari"); see also
Deering Milliken, Inc. v. FTC, 647 F.2d 1124, 1128 (D.C. Cir.) (Existence of
"substantial" issues constitutes "good cause" that would make the court "obliged t
grant" stay), cert. denied, 439 U.S. 958 ( 1978). Both elements are present here.
3.1 There is a substantial likelihood of success on the merits of the appeal being
taken regarding this matter filed with the appeals court on March 4,2010 and
further, on the merits that Deutsche Bank National Trust Company did not have
standing to bring the foreclosure action and doing so was a fraud upon this Court
and the judge lacked jurisdiction to sign final decree order. And given the level of
fraud defendants will most likely prevail on all other Errors of Assignment.
WHEREFORE, Kenneth S. Taylor & Alycia A Taylor Driggins - appellants
respectfully requests that this Court enter an Order, on an emergency basis, to stay
Court case as it may deem necessary, just and proper.
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gins`=---a-=---------. --------------------------
or {Pro S&I 861/0 Hadden Road Twinsburg Ohio
44087Kenneth S. Taylor {Pro Se} 1-330-425-1542 katickit@ yahoo.com
CERTIFICATE OF SERVICE
The Defendants hereby certifies on June 15, 2010 DEFENDANTS -
APPELLANTS KENNETH S . TAYLOR AND AYLCIA DRIGGINS -
TAYLOR'S MOTION TO STAY EXECUTION OF JUDGEMENT.
EMERGENCY INiUNCTIVE RELIEF FROM ORDER OF UNLAWFUL
SALE OF PROPERTY AND MEMORANDUM IN SUPPORT was filed at
clerks office by mail and sent via ordinary mail at both address below the attorney
for Appellee.
ROBIN WILSON, THOMPSON HINE LLP 3900 KEY CENTER 127 PUBLIC
SQUARE CLEVELAND, OHIO 44114-1291 216-566-5800
KEVIN WILLIAMS, MANLEY DEAS KOCHALSKI LLC P.O. BOX 165028
C UMBUS OI^O 43216 1-614- 222-4921 ATTORNEY FOR LAINTIFFS.n f
lyca T yl r Driggi14s {prose} /s/ Ke: S^,.T,^yA ^
Ke S. Taylor {prose} 8 10 Haen Road
Twinsburg, Ohio 44087
1-330-425-1542
25
LIST OF EXHIBITS
(A) Trial Court Docket Report, Actions Filed By Kevin Williams on 6/01/2010 (ORDEROF SALE DEPOSIT) IS ILLEGAL OR FORGERY OR BOTH
(B) Bl KEVIN WILLIAMS ORIGINAL SIGNATURE, DATED JULY 2, 2008B2 FORGERY OF KEVIN WILLIAMS SIGNATURE BY THE LAW FIRM OF
MANLEY DEAS KOCHALASKI LLC OF COLUMBUS OHIO.
(C) EVIDENCE OF SCHEME AND CONSPIRACY OF ATTORNEY ROBINWILSON PARTICIPATION IN BOTH A TELEPHONE CONVERSATION, AND ALETTER WRITTEN FOLLOWING THE UNLAWFUL DIRECTIVE OF JUDGE TODISPOSE OF DEFENDANTS COUNTERCLAIM.
(D) FRAUDULENT TITLE SEARCH DATED SAME DAY AS FORGERY JANUARY15 2010 AND FILED WITH FORGED SIGNATURE IN TRIAL COURT.
(E) NOTICE OF LIS PENDENCY FILED WITH RECORDERS OFFICE OF SUMMITCOUNTY, OHIO WHICH AFFECTS PROPERTY LEGAL DESCRIPTION.
NOTICE OF PENDENCY OF ACTION
(LIS PENDENS)
RECORDING REQUESTED BY -)K°AND WHEN RECORDED MAIL TO: tVepcfecE -\9Uj[Kenneth S. Taylor and Alycia A. Taylor Driggins 8610 HaddenRoad Twinsburg, Ohio 44087]
Above space for Recorder's Use
IN THE COURT OF COMMON PLEAS SUMMIT COUNNTY,OHIO
Kenneth S. Taylor and Alycia A. Taylor- Driggins We asPlaintiffs, in case No # CV-2007-11 -8364 Judge Tom ParkerVs. Notice of Pendency of Action Defendants Deutsche BankNational Trust Company, as Trustee for Certificateholders ofSoundview Home Loan Trust 2006-OPT2 Assets- BackedCertificate, Series 2006-OPT2, 5309.58 O.R.C.
Notice is given that the above -entitled action was filed in theabove court on Nov 30. 2007 by Deutsche Bank National TrustCompany. as Trustee for Certificateholders of Soundview HomeLoan Trust 2006-OPT,2 Assets-Backed Certificate, Series 2006-OPT2, Plaintiff against Kenneth S. Taylor and Alycia A. Taylor -Driggins, Defendants. The action affects a property legaldescription; as situated in the Township of Twinsburg, County of
Pg T of 202/10/2010 12:19PI II^I IIF I III IIIII IIIII^ IIII III I III IIIII II' lll 55681558
John F1 Donofrio, Summit Fiscal Officer mISC 48.00
Summit and the State of Ohio and known as being all Sub lots 281.and 282 except the Westerly 25 feet of these two lots of TwinsburgHeights Allotrnent Number 2, as shown in Plat Book 34, page 3, ofthe Summit County Records, as surveyed by James N. Connor,Registered Surveyor #4570 in June 1980, be the same more or lessbut subject to all legal highways. The mailing address is 8610Hadden Road Twinsburg Township Ohio 44087, which is aspecific real property, or an easement identified in the complaint,lawsuit, and counterclaim as the case is in this action
The property situated in the Township of Twinsburg, County ofSummit and the State of Ohio and Known as being all of Sub lots281 and 282 except Westerly 25 feet of these two lots ofTwinsburg Heights Allotment Number 2, as shown in Plat Book34, Page 3 of the Summit County Records, as surveyed by JamesN. Connor, Registered Surveyor #4570 June 1980, be the samemore or less, but subject to all legal highways, with the mailingaddress of 8610 Hadden Road Twinsb}arg Township Ohi,(y44087
Dated ^ Signature
fil
ACKNOWLEDGMENT
Subscribe and sworn to before me a Notary Public, thisday of 20(0 year_ e^^month
TERi.OPNotary Public
n and for the State of OhioMy Commission Expires
November 13, 2010
2
CO PY
FINAL JUDICIAL REPORTIssued by
CHICAGO TITLE INSURANCE COMPANY
TO: Manley Deas Kochalski LLCP. O. Box 165028
-Columbus, OH 43216-5028
REPORT NO. 7215435-21334FILE NO. 07-13965
Prepared for: Manley Deas Kochalski LLCAttorneys at LawP. O. Box 165028Columbus, OH 43216-5028
In the Case of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THECERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT2, ASSET-BACKED CERTIFICATES SERIES 2006-OPT2 v. KENNETH S. TAYLOR et al., nowpending in the County Court of Common Pleas, Summit County, Ohio, as Case No. CV 2007 118364, CHICAGO TITLE INSURANCE COMPANY after a search of the records of said SummitCounty, pertaining to the premises involved in said action since September 21, 2007, to the date
January 15, 2010, hereby guarantees that there appear of record, during said period; noinstrumerits of proceedings relating to or affecting said premises except as shown b@low.
(Continued)
07-13965-aab
COPY
Final Judicial Report (Continued) lb 4l TAX INFORMATION: The property stands charged on the Summit County Auditor's
Duplicate in the name of Alycia A. Driggins-Taylor and Kenneth S. Taylor. It carries parcelnumber 62-01346 and has a physical street address of 8610 Hadden Road, Twinsburg, OH44087.
The Treasurer has a first lien for taxes in an amount to be determined.
Taxes or assessments approved, levied or enacted by the State, County, Municipality,Township or similar taxing authority, but not yet certified to the tax duplicate of theCounty in which the land is situated, including any retroactive increases in taxes orassessments resulting, from any retroactive increase in the valuation of the land by theState County, Municipality, Township or other taxing authority.
2. The foreclosure action styled Deutsche Bank National Trust Companv, as Trustee for theCertificateholders of Soundview Home Loan Trust 2006-OPT2 Asset-BackedCertificates, Series 2006-OPT2 v: Kenneth S. Tavlor, et al. of record in the SummitCounty Court of Common Pleas, as Case No. CV 2007 118364, reflects that all partiesnecessary for the adjudication of this dispute have been named. A review of theproceedings in Case No. CV 2007 11 8364, Common Pleas Court, Summit County, Ohiohas been made and the Company finds no record in said proceedings of service completedon the following parties:
NONE
Sdrvice results for the parties are as follows:
• Kenneth S. Tay1ol, served by Private Process Service on December 20, 2007;• Alycia A. Driggins-Taylor, served by Private Process Service on December 20,
2007;• Chevy Chase Bank, served by Certified Mail on December 11, 2007;• Ford Motor Credit Company, served by Certified Mail on December 10, 2007;• The United States of America, served by Certified Mail on December 11, 2007;• The United States of America, served by Certified Mail on December 12, 2007;• Department of Agriculture of the United States of America, served by Certified
Mail on May 9, 2008;
07-13965aeb
COPY
CHICAGO TITLE INSURANCE COMPAN.Yy.'
`4e
11 6Number 7215435-21334
File Number 07-13965
FINAL JUDICIAL REPORT
This is a guarantee of record title only and is made for the use and benefit of all parties tosaid proceedings, and the purchaser at judicial sale thereunder. Liability hereunder and under anyPreliminary Judicial Report issued on the property described in said proceedings shall notexceed, in the aggregate, the sum of $84,000.10.
Dated: January 15, 2010 at 7:59 a.m.
In witness whereof, CHICAGO TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed.
Chicago Title Insurance Company
BY: 'Nicole P. Boritrager, AgentAuthorized Signatory
CHICAGO TITGC INSURANCE COMPA,
0743965-aab
r̂ n̂ '̂
++iOi•il liOl \ ATUNTA CINCINNAI7 COwMBUS NEW YORI:
HIj VE BApSSELS CLEVEfAND nAYio
September 28, 2009
Via Electronic Mai[ (ind¢euarlcercourt*eoconrtsummitoL.net)and Regular U.S. Mail
The Honorable Tom ParkerSumnmit County Common Pleas Court205 South High StreetAkron, Ohio 44308
Attention: Jacqueline
RE: Deutsche Bank National Trust Coinpany, etc v. Kenneth S. Taylor, et aLSummit County Common Pleas CourtCase No. CV 2007-11-8364
Dear Jacqueline:
Enclosed, in response to your telephone request, is a revised Judgment Entry and Decree inForeclosure so as to include Defendants' Counterclaim and PlaintifPs Reply to theCounterclaim.
Very truly yours,
Robin M. Wilson
Enclosure
cc: Kenneth S. Taylor and Alycia A. Driggins-TaylorKent W. PenhallurickChevy Chase BankFord Motor.Credit CompanyThe United States of AmericaDepartment of Agriculture of the United States of America
1i484355.1
Robin.Wilson(a2ThomosonH'uie cmn Phone: 216-566-5572 Fax: 216-566-5800
THOMPSON HINE uP 3900 Key Center wwwThomvsonHine.mm
COPY
Januarv l 5^, 2010
teT^) c-:- l1VY' 4Q . / P
^t'^1114^c I'm
CERTIFICATE OF SERVICE 8 ^The undersigned hereby certifies that a copy of the foregoing Motion for an exteiision of
the date of dismissal was sent to the following by ordinary U.S. Mai1, postage prepaid, on the
date indicated below:
Kenneth S. Taylor,8610 Hadden RoadTwinsburg, OH 44087
Chevy Chase BankATTN: Legal Department .7926 Jones Branch DriveMclean, VA 22101
Kent W. PenhallurickAttorney for The United States of America400 United States Courthouse801 W. Superior AvenueCleveland, OH 44113-1852
Department of Agriculture of the UnitedStates of Americac% The U.S. Attomey for the NorthernDistrict of Ohio801 West Superior AvenueSuite 400Cleveland, OH 44113
July Z 2008
Dated
Alycia A. Driggins-Taylor8610 Hadden RoadTwinsburg, OH 44087
Ford Motor Credit Companyo%o Ct Corporation System, Statutory Agent1300 East Ninth StreetCleveland, OH 44114
The United States of Americao% The United States Attorney General
U.S. Department of Justice950 Pennsylvania Avenue, N.W.Washington, DC 20530-000 t
^lIS tS ^^C 1 >J ^ I ^ ^ 1 3̂ ^
G:\Cases - TM107-13965\M&O for E;dention to DismissA80702-BW.wpd
Docket Report
CIVIL CASE
Court of Common Pleas of Summit County, Ohio
Action For: FORECLOSURE CV-2007-11-836411/30/2007
DEUTSCHE BANK NATIONAL TRUST COMPANY
C/O OPTION ONE MORTGAGE CORP.
6501 IRVINE CENTER DR.
IRVINE, CA 92618
PLAINTIFF
TAYLOR, KENNETH S.
8610 HADDEN RD.
TWINSBURG, OH 44087
DEFENDANT
DRIGGINS-TAYLOR, ALYCIA A.
8610 HADDEN RD.
TWINSBURG, OH 44087
DEFENDANT
CHEVY CHASE BANK
ATTN: LEGAL DEPT.
7926 JONES BRANCH DR.
MCLEAN, VA 22101
DEFENDANT
FORD MOTOR CREDIT COMPANY
C/O CT CORPORATION SYSTEM
1300 E. NINTH ST.
CLEVELAND, OH 44114
DEFENDANT
UNITED STATES OF AMERICA
C/C US ATTORNEY
801 W. SUPERIOR AVE., #400
CLEVELAND, OH 44113
DEFENDANT
UNITED STATES OF AMERICA
C/O U.S. ATTORNEY GENERAL
U.S. DEPT. OF JUSTICE
950 PENNSYLVANIA AVE., N.W.
WASHINGTON, DC 20530
DEFENDANT
ROBIN M WILSON
3900 KEY CENTER
127 PUBLIC SQUARE
CLEVELAND, OH 44114
Attorney for PLAINTIFF
PRO SE
Attorney for DEFENDANT
PRO SE
Attorney for DEFENDANT
Attorney for DEFENDANT
Attorney for DEFENDANT
KENT W. PENHALLURICK
400 U.S. COURTHOUSE
801 W. SUPERIOR AVE.
CLEVELAND, OH 441131852
Attorney for DEFENDANT
KENT W. PENHALLURICK
400 U.S. COURTHOUSE
801 W. SUPERIOR AVE.
CLEVELAND, OH 441131852
Attorney for DEFENDANT
DEPARTMENT OF AGRICULTURE OF THE UNITED STATES
C/O U.S. ATTORNEY NORTHERN
DISTRICT OF OHIO
801 W. SUPERIOR AVE., STE. 400
CLEVELAND, OH 441131852
DEFENDANT Attorney for DEFENDANT
- Docket Entries --
All Docket Entries
1. 11/30/07
2. 11/30/07
3. 11/30/07
4. 11/30/07
5. 11/30/07
6. 12/04/07
7. 12/06/07
8. 12/06/07
9. 12/20/07
10. 12/20/07
11. 01/15/08
COMPLAINT FOR FORECLOSURE.
KEVIN L. WILLIAMS
CASE DESIGNATION FORM.
KEVIN L. WILLIAMS
PRELIMINARY JUDICIAL REPORT.
KEVIN L. WILLIAMS
MOTION TO APPOINT PROCESS SERVER.
KEVIN L. WILLIAMS
INSTRUCTIONS FOR CERTIFIED & PROCESS SERVER.
KEVIN L. WILLIAMS
ORDER APPOINTING PRIVATE PROCESS SERVER. MAS
SUMMONS ISSUED WITH COPY OF COMPLAINT TO KENNETH
S. TAYLOR, ALYCIA A. DRIGGINS-TAYLOR, CHEVY CHASE
BANK, FORD MOTOR CREDIT COMPANY, UNITED STATES OF
AMERICA (OH AND DC), AND DEPARTMENT OF AGRICULTURE
OF THE UNITED STATES BY CERTIFIED MAIL.
SUMMONS ISSUED WITH COPY OF COMPLAINT TO KENNETH
S. TAYLOR AND ALYCIA A. DRIGGINS-TAYLOR BY PROCESS
SERVER.
NOTIFICATION OF FAILURE TO OBTAIN CERTIFIED MAIL
SERVICE ON KENNETH TAYLOR MAILED TO ATTY.
WILLIAMS.
NOTIFICATION OF FAILURE TO OBTAIN CERTIFIED MAIL
SERVICE ON ALYCIA DRIGGINS-TAYLOR MAILED TO ATTY.
WILLIAMS.
DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S MOTION TO
DISMISS IMPROPER VENUE.
PRO SE
12. 01/15/08 DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S MOTION TO
DISMISS PLAINTIFFS' COMPLAINT TO FORECLOSURE FOR
INSUFIENCY OF SERVICE, LACK OF STANDING AND
CERTAIN OTHER MATTERS.
PRO SE
15. 01/18/08 INSTRUCTIONS FOR CERTIFIED MAIL SERVICE.
KEVIN L. WILLIAMS
13. 01/22/08 DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S OPPOSITION
TO MOTION TO DISMISS.
PRO SE
14. 01/22/08 DEFENDANTS, UNITED STATES OF AMERICA'S ANSWER TO
COMPLAINT.
KENT W. PENHALLURICK
16. 01/23/08 SUMMONS ISSUED WITH COPY OF COMPLAINT TO
DEPARTMENT OF AGRICULTURE OF THE UNITED STATES OF
AMERICA BY CERTIFIED MAIL.
NO ATTY. REQUIRED
17. 02/12/08 PRETRIAL 3/12/2008 AT 2:45 P.M. MAS
NO ATTY. REQUIRED
18. 03/11/08 DEFENDANTS, KENNETH TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' ANSWER TO COMPLAINT,
COUNTERCLAIM, CLASS ACTION AND JURY DEMAND.
PRO SE
19. 03/13/08 STATUS CONFERENCE 4/16/2008 AT 2:45 P.M. MAS
NO ATTY. REQUIRED
20. 03/24/08 PLAINTIFF'S REPLY TO ANSWER AND COUNTERCLAIM OF
KENNETH AND ALYCIA TAYLOR.
KEVIN L. WILLIAMS
21. 04/15/08 PLAINTIFF'S RESPONSE IN OPPOSITION TO MOTIONS TO
DISMISS AND REPLY TO OPPOSITION TO MOTION TO
DISMISS.
KEVIN L. WILLIAMS
24. 04/17/08 MEDIATION NOTICE. HEARING DATE 6/2/08 AT 9:30
A.M.
22. 04/18/08 STATUS CONFERENCE 6/2/2008 IMMEDIATELY FOLLOWING
THE MEDIATION CONFERENCE. JUDGE ROBERT GIPPIN
NO ATTY. REQUIRED
23. 04/18/08
25. 05/01/08
26. 05/05/08
CASE REFERRED TO MEDIATION. JUDGE ROBERT GIPPIN
NO ATTY. REQUIRED
INSTRUCTIONS FOR CERTIFIED MAIL SERVICE.
KEVIN L. WILLIAMS
SUMMONS ISSUED WITH COPY OF COMPLAINT TO
DEPARTMENT OF ARGICULTURE OF THE UNITED STATES OF
AMERICA (CLEVELAND, OH.), DEPARTMENT OF
ARGICULTURE OF THE UNITED STATES OF AMERICA
(WASHINGTON, DC.) AND DEPARTMENT OF ARGICULTURE OF
THE UNITED STATES OF AMERICA (WASHINGTON, DC) BY
CERTIFIED MAIL.
NO ATTY. REQUIRED
27. 05/30/08 SHERIFF'S DEED PROPERTY DESC. APPROVAL FORM.
KEVIN L. WILLIAMS
28. 06/04/08 SETTLED AND DISMISSED AT PLAINTIFF'S COSTS UNLESS
ANOTHER ORDER IS FILED WITHIN 30 DAYS. RMG
NO ATTY. REQUIRED
29. 06/04/08 STATUSREPORT OF MEDIATION.
NO ATTY. REQUIRED
30. 06/13/08 NOTIFICATION OF FAILURE TO OBTAIN CERTIFIED MAIL
SERVICE ON DEPARTMENT OF AGRICULTURE MAILED TO
ATTY. WILLIAMS.
31. 06/25/08 DEFENDANT, KENNETH TAYLOR'S MOTION FOR DISMISSAL
VIOLATION OF COURT ORDERS.
PRO SE
32. 06/25/08
33. 07/03/08
34. 07/03/08
35. 07/10/08
36. 07/11/08
37. 07/15/08
38. 07/15/08
39. 07/24/08
40. 08/22/08
41. 08/22/08
42. 08/22/08
43. 09/08/08
44. 09/08/08
45. 09/08/08
46. 09/22/08
47. 10/17/08
DEFENDANT, KENNETH TAYLOR'S MOTION FOR DISMISSAL,
VIOLATION OF COURT ORDERS, SUPPORT MEMORANDUM.
PRO SE
PLAINTIFF'S REPLY TO DEFENDANT'S SECOND MOTION TO
DISMISS.
KEVIN L. WILLIAMS
PLAINTIFF'S MOTION FOR EXTENSION OF DATE OF
DISMISSAL.
KEVIN L. WILLIAMS
COURT EXTENDS DUE DATE TO ADDITIONAL 60 DAYS. RMG
NO ATTY. REQUIRED
ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF
DATE OF DISMISSAL. RMG
KEVIN L. WILLIAMS
DEFENDANT, KENNETH TAYLOR'S MOTION FOR DISMISSAL,
VIOLATION OF CONFIDENTIAL RULES/MEDIATION.
PRO SE
DEFENDANT, KENNETH TAYLOR AND ALYCIA TAYLOR'S
MOTION FOR DISMISSAL, VIOLATION OF CONFIDENTIALITY
RULES MEDIATION MEMORANDUM IN SUPPORT.
PRO SE
PLAINTIFF'S REPLY TO DEFENDANTS' FOURTHMOTION TO
DISMISS.
KEVIN L. WILLIAMS
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.
KEVINL: WILLIAMS.
PLAINTIFF'S FINAL JUDICIAL REPORT.
KEVIN L. WILLIAMS
AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY
NO ATTY. REQUIRED
DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' OPPOSITION TO PLAINTIFFS MOTION
FOR SUMMARY JUDGMENT.
PRO SE
KENNETH S. TAYLOR'S CLASS ACTIONALLEGATIONS/COUNTERCLAIM EVIDENCE CLASS ACTION.
PRO SE
KENNETH S. TAYLOR AND ALYCIX
TAYLOR-DRIGGINS'OPPOSITION TO PLAINTIFF'S MOTION
FOR SUMMARY JUDGMENT.
PRO SE
PLAINTIFF'S REPLY BRIEF TO DEFENDANTS' OPPOSITION
TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.
KEVIN L. WILLIAMS
DEFENDANT, KENNETH TAYLOR'S REPLY TO PLAINTIFF'S
REPLY OF DEFENDANTS OPPOSITION FOR SUMMARY
JUDGMENT.
PRO SE
48. 01/14/09 SETTLEMENT CONFERENCE 3/19/2009 AT 3:00 P.M.
BEFORE MAGISTRATE. JS
NO ATTY. REQUIRED
49. 01/14/09 REFERRAL TO FORECLOSURE SPECIALIST. RMG
NO ATTY. REQUIRED
50. 05/08/09 MEDIATION NOTICE. HEARING DATE 5/21/2009 AT 3:45
P.M.
NO ATTY. REQUIRED
51. 05/22/09 STATUS REPORT OF MEDIATION.
NO ATTY. REQUIRED
52. 05/29/09 STATUS CONFERENCE 07/22/09 AT 8:15 A.M. TP.
NO ATTY. REQUIRED
53. 07/21/09 AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY
NO ATTY. REQUIRED
54. 07/21/09 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.
KEVIN L. WILLIAMS
55. 07/22/09 DEFENDANTS, KENNETH TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' MOTION FOR DISMISSAL FAILURE OF
PLAINTIFFS TO ADD INDEPENSABLE PARTIES AND
UNLAWFUL REMOVAL OF PARTIES NAMES MEMORANDUM IN
SUPPORT.
PRO SE
56. 07/22/09DEFENDANTS, KENNETH TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' MOTION FOR DISMISSAL FAILURE OF
PLAINTIFFS TO ADD INDEPENSABLE PARTIES AND
UNLAWFUL REMOVAL OF PARTIES NAMES.
PRO SE
57. 07/22/09
58. 07/22/09
DEFENDANTS, KENNETH TAYLOR AND ALYCIA
DRIGGINS-TAYLOR'S MOTION FOR PLAINTIFFS TO COMPEL
EVIDENCE, NOTE, TITLE OR MORTGAGE.
PRO SE
DEFENDANTS, KENNETH TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' MOTION FOR SANCTIONS, PLAINTIFFS'
VIOLATIONS OF RULE 22 MEDIATION.
PRO SE
59. 07/24/09 BENCH TRIAL 10/1/2009 AT 9:00 A.M. TP
NO ATTY. REQUIRED
60. 08/05/09 DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' MOTION IN OPPOSITION TO COURTS
ORDER FOR BENCH TRIAL, REQUEST ORDER BE VACATED OR
REVERSED AND JURY TRIAL DEMAND BE GRANTED.
MEMORANDUM IN SUPPORT.
PRO SE
61. 08/05/09 DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' MOTION IN OPPOSITION TO COURTS
ORDER FOR BENCH TRIAL, REQUEST ORDER BE VACATED OR
REVERSED AND JURY TRIAL DEMAND BE GRANTED.
PRO SE
62. 08/05/09
63. 08/05/09
DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' SECOND MOTION IN OPPOSITION TO
PLAINTIFFS SECOND MOTION FOR SUMMARY JUDGMENT.
PRO SE
DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S SECOND
MOTION IN OPPOSITION TO PLAINTIFF'S SECOND MOTION
FOR SUMMARY JUDGMENT. MEMORANDUM IN SUPPORT.
PRO SE
64. 08/20/09 NOTICE OF APPEARANCE OF ROBIN WILSON AS COUNSEL
ON BEHALF OF PLAINTIFF.
ROBIN M WILSON
65. 08/20/09 PLAINTIFF'S RESPONSE TO DEFENDANTS' SECOND MOTION
IN OPPOSITION TO PLAINTIFFS SECOND MOTION FOR
SUMMARY JUDGMENT.
ROBIN M WILSON
66. 08/20/09 PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION IN
OPPOSITION TO COURTS ORDER FOR BENCH TRIAL.
ROBIN M WILSON
67. 08/20/09
68. 08/20/09
69. 08/20/09
70. 09/01/09
72. 09/01/09
PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION FOR
DISSMISAL (SIC) FAILURE OF PLAINTIFFS TO ADD
INDEPENSABLE (SIC) PARTIES AND UNLAWFUL REMOVAL OF
PARTIES NAMES.
ROBIN M WILSON
PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION FOR
PLAINTIFFS TO COMPELL (SIC) EVIDENCE OF OWNERSHIP,
NOTE, TITLE OR MORTGAGE.
ROBIN M WILSON
PLAINTIFF'S RESPONSE TO MOTION FOR SANCTIONS
PLAINTIFFS (SIC) VIOLATIONS OF RULE 22 MEDIATION.
ROBIN M WILSON
DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S RESPONSE
TO PLAINTIFFS' SECOND RESPONSE TO DEFENDANTS
SECOND OPPOSITION MOTION TO PLAINTIFFS SECOND
MOTION FOR SUMMARY JUDGMENT.
PRO SE
DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA
DRIGGINS-TAYLOR'S MOTION FOR PLAINTIFFS TO COMPELL
EVIDENCE OF OWNERSHIP, NOTE, TITLE, OR MORTGAGE
ANSWER DEFENDANTS FIRST SET OF INTERROGATORIES AND
PRODUCTION OF DOCUMENTS MEMORANDUM IN SUPPORT.
PRO SE
73. 09/01/09 DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA
DRIGGINS-TAYLOR'S MOTION FOR PLAINTIFFS TO COMPELL
EVIDENCE OF OWNERSHIP, NOTE, TITLE, OR MORTGAGE
ANSWER DEFENDANTS FIRST SET OF INTERROGATORIES AND
PRODUCTION DOCUMENTS.
PRO SE
71. 09/02/09 DEFENDANT, KENNETH AND ALYCIA TAYLOR-DRIGGINS'
MOTION IN OPPOSITION TO PLAINTIFF LAWYERS
WITHDRAWAL FROM CASE AND ILLEGAL SUBSTITUTION OF
NEW COUNSEL.
PRO SE
74. 09/03/09
75. 09/08/09
DEFENDANTS, KENNETH AND ALYCIA TAYLOR-DRIGGINS'
MOTION TO DISMISS CASE PLAINTIFFS WHO FILED
FORECLOSURE DO NOT OWN LOAN ARE ONLY TRUSTEES
OVERSEERS FOR A SECURITIZED TOOL OF LOANS.
PRO SE
DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S MOTION FOR
DISMISSAL FOR VIOLATION OF RULES OF COURT 20.03
LIMITATIONS AS TO TIME.
PRO SE
76. 09/10/09 COURT GRANTS PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT. COURT DENIES THE REMAINDER OF
DEFENDANTS' MOTIONS AS MOOT. THERE IS NO JUST
CAUSE FOR DELAY. TP
NO ATTY. REQUIRED
77. 09/22/09 PLAINTIFF'S NOTICE OF FILING PROPOSED JUDGMENT
ENTRY AND DECREE IN FORECLOSURE.
ROBIN M WILSON
78. 09/22/09 DEFENDANTS, KENNETH S. TAYLOR AND ALECIA
TAYLOR-DRIGGINS' MOTION IN OPPOSITION TO COURTS
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT BE REVERSED VACATED OR REMANDED.
PRO SE
79. 09/30/09 DEFENDANTS, KENNETH AND ALYCIA TAYLOR-DRIGGINS'
MOTION OPPOSING NOTICE OF FILING REVISED JUDGMENT
ENTRY AND DECREE IN FORECLOSURE.
PRO SE
80. 10/02/09 COURT VACATES SUMMARY JUDGMENT ENTERED 9/10/2009.
COURT WILL HOLD IN ABEYANCE FURTHER CONSIDERATION
OF THE MOTION FOR 30 DAYS. PLAINTIFF TO PRODUCE
AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY
JUDGMENT. IF PLAINTIFF FAILS TO PRODUCE AFFIDAVIT
WITHIN 30 DAYS OF THE DATE OF THIS ORDER, ITS
MOTIQN FOR SUMMARY WILL BE DISMISSED. TP
. . . NO ATTY. REQUIRED
81. 11/03/09
82. 11/09/09
PLAINTIFF'S NOTICE OF FILING REVISED AFFIDAVIT
REGARDING ACCOUNT AND COMPETENCY AND MILITARY
STATUS.
ROBIN M WILSON
PLAINTIFF GRANTED TO FILE REPLY BRIEF NOT LATER
THAN 11/27/2009. PARTIES TO PROVIDE COURTESY
COPIES OF ADDITIONAL RESPONSES. TP
NO ATTY. REQUIRED
83. 11/17/09 DEFENDANTS, KENNETH AND ALYCIA DRIGGINS TAYLOR'S
MOTION SEEKING DISMISSAL OF PLAINTIFFS SECOND
MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO PRODUCE
A CURRENT, ACCURATE, ENDORSED AFFIDAVIT IN SUPPORT
OF SUMMARY JUDGMENT PER JUDGES ORDER ON 10/2/2009.
PRO SE
84. 11/24/09
85. 11/25/09
COURT GRANTS DEFENDANTS TAYLORS LEAVE TO RESPOND
UNTIL 12/11/2009. PLAINTIFF HAS UNTIL 12/28/2009
TO FILE REPLY BRIEF. TP
NO ATTY. REQUIRED
PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION SEEKING
DISMISSAL OF PLAINTIFF'S SECOND MOTION FOR SUMMARY
JUDGMENT FILED 11/17/2009.
ROBIN M WILSON
86. 12/09/09 DEFENDANTS, KENNETH TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' MOTION TO DISMISS CASE.
PRO SE
87. 12/09/09 PLAINTIFFS' INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS. SECOND MOTION TO COMPEL
DISCOVERY AS RELATED TO NEW AFFIANTS TESTIMONY AND
NEW EVIDENCE SUBMITTED UNDER PENALTY OF PERJURY BY
CYNTHIA STEVENS.
NO ATTY. REQUIRED
88. 12/09/09 DEFENDANT, KENNETH S. TAYLOR'S MOTION SEEKING
DISMISSAL OF PLAINTIFF'S SECOND MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO PRODUCE A CURRENT,
ACCURATE, ENDORSED AFFIDAVIT IN SUPPORT OF SUMMARY
JUDGMENT PER JUDGES ORDER ON OCTOBER 2, 2009 AND
PER CURRENT NEW ORDER FILED ON NOV. 24, 2009.
PRO SE
89. 12/21/09 PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION TO
DISMISS CASE PLAINTIFFS WHO FILED FOR FORECLOSURE
DO NOT OWN LOAN ARE ONLY TRUSTEES OVERSEERS FOR A
SECURITIZED POOL OF LOANS.
ROBIN M WILSON
90. 12/21/09
91. 12/21/09
DEFENDANTS' MOTION TO STRIKE PLAINTIFFS SECOND
MOTION FOR SUMMARY JUDGMENT FOR FRAUD UPON THE
COURT.
PRO SE
PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION SEEKING
DISMISSAL OF SECOND MOTION FOR SUMMARY JUDGMENT
FILED ON OR ABOUT 12/9/2009.
ROBIN M WILSON
92. 12/28/09 JOINDER OF PARTIES TO DEFENDANTS PENDING
COUNTERCLAIM AND SUPPLEMENTAL PLEADINGS FAILURE TO
JOIN INDISPENSABLE PARTY.
PRO SE
94. 12/31/09 PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION TO
STRIKE PLAINTIFFS SECOND MOTION FOR SUMMARY
JUDGMENT FOR FRAUD UPON THE COURT FILED ON OR
ABOUT DECEMBER 21, 2009.
ROBIN M WILSON
95. 01/04/10 DEFENDANT KENNETH S. TAYLOR AND ALYCIA A. TAYLOR'S
- MOTION FOR STAY PENDING OUTCOME OF THE EVIDENTIARY
HEARING.
PRO SE
96. 01/04/10 DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA A.
TAYLOR'S MOTION FOR EVIDENTIARY HEARING.
PRO SE
97. 01/08/10
93. 01/12/10
98. 01/12/10
COURT GRANTS PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT. COURT DENIES THE REMAINDER OF
DEFENDANTS' MOTIONS AS MOOT. NO JUST CAUSE FOR
DELAY. TP
NO ATTY. REQUIRED
PLAINTIFF'S RESPONSE TO JOINDER OF PARTIES TO
DEFENDANTS' PENDING COUNTERCLAIM AND SUPPLEMENTAL
PLEADINGS FAILURE TO JOIN INDISPENSABLE PARTY
FILED BY DEFENDANTS.
ROBIN M WILSON
DEFENDANTS, KENNETH S. TAYLOR AND ALYCIA A. TAYLOR
DRIGGINS' MOTION TO RECUSE JUDGE TOM PARKER AND
IMMEDIATE EMERGENCY INJUNCTIVE RELIEF OF JUDGMENT.
PRO SE
99. 01/12/10 DEFENDANTS, KENNETH S. TAYLOR'S MOTION TO VACATED
JUDGES ORDER GRANTING PLAINTIFFS SECOND MOTION FOR
SUMMARY JUDGMENT BE REVERSED, REMANDED.
PRO SE
100. 01/15/10 PLAINTIFF'S FINAL JUDICIAL REPORT.
KEVIN L. WILLIAMS
101. 01/19/10 DEFENDANTS OPPOSITION TO PLAINTIFFS NOTICE OF
FILING OF FINAL JUDICIAL REPORT FRAUD UPON COURT.
PRO SE
102. 01/19/10 DEFENDANT, KENNETH S. TAYLOR'S MOTION JOINDER OF
PARTIES TO DEFENDANTS PENDING COUNTERCLAIM AND
SUPPLEMENTAL PLEADINGS FOR ("AHMSI") AMERICAN HOME
MORTGAGE SERVIN-ING INC.
PRO SE
103. 01/19/10 DEFENDANT, KENNETH S. TAYLOR AND ALYCIA A.
TAYLOR-DRIGGINS' MOTION FOR EVIDENTIARY HEARING
REVISED FOR NEW JUDGE.
PRO SE
104. 01/20/10 DEFENDANT, KENNETH TAYLOR'S SECOND AND REVISED
MOTION TO VACATED JUDGES ORDER GRANTING PLAINTIFFS
SECOND MOTION FOR SUMMARY JUDGMENT BE REVERSED,
REMANDED IN FAVOR OF DEFENDANTS PENDING
COUNTERCLAIM.
PRO SE
106. 01/27/10 PLAINTIFF'S NOTICE OF FILING PROPOSED JUDGMENT
ENTRY AND DECREE IN FORECLOSURE.
ROBINM WILSON
107. 01/27/10 NOTICE OF FILING FINAL JUDICAL REPORT.
ROBIN M WILSON
108. 01/28/10 DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S OPPOSITION
TO PLAINTIFFS NOTICE OF FILING OF FINAL JUDICIAL
REPORT AND JUDGMENT ENTRY AND DECREE IN
FORECLOSURE FRAUD UPON COURT JUDGE LACKS
JURISDICTION FOR FAILURE TO RESPOND. TO RECUSAL
MOTION.
PRO SE
109. 01/28/10 DEFENDANTS, KENNETH AND ALYCIA TAYLOR'S MOTION FOR
TEMPORARY RESTRAINING ORDER FRAUD OF COURTS.
PRO SE
105. 01/29/10 COURT DENIES DEFENDANTS MOTION TO VACATEJUDGE'S
ORDER GRANTING PLAINTIFFS SECOND MOTION FOR
SUMMARY JUDGMENT BE REVERSED, REMANDED, AND DENIES
DEFENDANTS MOTION TO RECUSE JUDGE TOM PARKER AND
IMMEDIATE RELIEF OF JUDGMENT. TP
NO ATTY. REQUIRED
110. 02/01/10 DECREE OF FORECLOSURE. TP
NO ATTY. REQUIRED
111. 02/10/10 DEFENDANTS SECOND MOTION TO RECUSE JUDGE TOM
PARKER EMERGENCY INJUNCTIVE RELIEF OF JUDGEMENT
SUPPORTEDWITH AFFIANT AFFIDAVIT OF
DISQUALIFICATION.
PRO SE
112. 02/10/10 DEFENDANT, KENNETH S. TAYLOR AND ALYCIA
TAYLOR-DRIGGINS' NOTICE OF PENDENCY OF ACTION.
PRO SE
113. 02/22/10 DEFENDANTS, KENNETH AND ALYCIA'TAYLOR'S SHOW CAUSE
ACTION TO DISMISS FINAL JUDGMENT ORDER, HEARING
REQUESTED.
PRO SE
114. 03/04/10 CA-25281 DEFENDANT, KENNETH S. TAYLOR'S NOTICE OF
APPEAL.
PRO SE
115. 03/04/10 DOCKETING STATENtENT.
NO ATTY. REQUIRED
116. 04/13/10 CA-25281 COURT OF APPEALS DISMISSAL.
NO ATTY. REQUIRED
117. 04/23/10 NOTICE ISSUED WITH CERTIFIED COPY OF APPEAL
DISMISSAL TO JUDGE THOMAS PARKER BY REGULAR MAIL.
NO ATTY. REQUIRED
------------------------------ (COST)___---------------_--____-
Posted Action Amount
---------- ------------------------- ----------12/03/2007ORIGINAL COSTS 353.50
------------------------------ (DEPOSITS)---------_-___________----
Received Action Received From Amount
12/03/2007 FORECLOSURE COMPLAIN WILLIAMS, KEVIN L. 525.00
03/11/2008 COUNTER CLAIM TAYLOR, KENNETH 25.00
06/01/2010 ORDER OF SALE DEPOSI WILLIAMS, KEVIN 620.00
--- All Services
Issued Number Status Served $Amount Party
12/06/2007 71603901984536 UNCLAIMED12/06/2007 71603901984536 UNCLAIMED12/06/2007 71603901984536 CLAIMED 12/11/200712/06/2007 71603901984536 CLAIMED 12/10/200712/06/2007 71603901984536 CLAIMED 12/11/200712/06/2007 71603901984536 CLAIMED 12/12/200712/06/2007 7160390198449912/06/2007 179877 RESIDENTIA 12/20/200712/06/2007 179878 RESIDENTIA 12/20/200701/23/2008 7160390198449905/05/2008 71603901984553 CLAIMED 05/09/200805/05/2008 71603901984553 NOT SIGNED 05/12/200805/05/2008 71603901984553 OTHER04/23/2010 278078 CLAIMED 04/23/2010
6.45 TAYLOR, KENNETH S.
6.45 DRIGGINS-TAYLOR, ALYCIA A.
6.28 CHEVY CHASE BANK
6.28 FORD MOTOR CREDIT COMPANY
6.28 UNITED STATES OF AMERICA
6.28 UNITED STATES OF AMERICA
0.00 DEPARTMENT OF AGRICULTURE OF T
0.00 TAYLOR, KENNETH S.
0.00 DRIGGINS-TAYLOR, ALYCIA A.
0.00 DEPARTMENT OF AGRICULTUREOF T
6.45 DEPARTMENT OF AGRICULTURE OF T
6.45 DEPARTMENT OF AGRICULTURE OF T
6.45 DEPARTMENT OF AGRICULTURE OF T
3.54 HONORABLE JUDGE THOMAS PARKER
COPY
DAN1Gl U. ;iURRIGNv'
2010FE8-1 PH 2: 2i
SUMMIT CUUNi`fCLERK OF COUfiTS
IN THE COURT OF COMMON PLEASSUMMIT COUNTY, OHIO
DE17TSCHE BANK NATIONALTRUST COMPANY, as Trustee for theCertificateholders of Soundview HomeLoan Trust 2006-OPT2, Asset-BackedCertificates, Series 2006-OPT2
Plaintiff,
vs.
KENNETH S. TAYLOR, et al.,
Defendants.
CASE N0. CV-2007-I 1-8364
JUDGEPARKER
JUDGMENT ENTRY ANDDECREE IN FORECLOSURE
This cause is before the Court on ahe Complaint filed November 30, 2007 by plaintiff
Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview
Home Loan Trust 2006-OPT2, Asset-Backed Certificates, Series 2006-OPT2 ("Deutsche Bank,
Trustee" or "PlaintifP") pursuant to which Plaintiff seeks a foreclosure decree. The real property
that is the subject of this foreclosurc action (the "Property") is as follows:
Situated in the Township of Twinsburg, County of Summit and State of Ohio andknawn as being all of Sublots 281 and 282 except the Westerly 25 feet of thesetwo lots of the Twinsburg Heights Allotment Number 2, as shown in Plat Book34, page 3 of the Summit County Records, as surveyed by James N. Connor,Registered Surveyor #4570 in June 1980, be the same more or less, but subject toall legal highways.
On January 15, 2008 Defendants Kenneth S. Taylor and Alycia A. Driggins-Taylor
("Defendants") filed a Motion to Dismiss hnproper Venue, and a Motion to Dismiss PlaintifPs
Complaints to Foreclosure for Insufficiency of Service, Lack of Standing, and Certain Other
11483589.7
Matters. 'On January 22, 2008, Defendants filed an "Opposition to Motion to Dismiss" stating
that their motions to dismiss should be treated as a counterclaim and construed as such (the
January 15 and January 22 filings are collectively 'Defendants' Motions to Dismiss"). On March
11, 2008, Defendants answered the Complaint and filed a Counterclaim. Plaintiff filed a Reply
to Defendants' Counterclaim on March 24, 2008, and on April 15, 2008 filed a Response in
Opposition to Defendants' Motions to Dismiss.
On August 22, 2008, Plaintiff filed a Motion for Summary Judgment, which Defendants
opposed. On September 22, 2008, Plaintiff filed a Reply Brief to Defendants' Opposition to
Plaintiffs Motion for Summary Judgment in which Plaintiff fully briefed why Defendants'
Motions to Dismiss, including the counterclaims set forth therein, had no merit. On July 21,
2009 Plain6ff filed a second Motion for Summary Judgment. On July 22, 2009 Defendants filed
a number of Motions including 1) a Motion for Dismissal Failure of Plaintiffs to Add
Indispensable Parties and Unlawful Removal of Parties Names Memorandum in Support; 2) a
Motion for Dismissal Failure of Plaintiffs to Add Indispensable Parties and Unlawful Removal
of Parties Names; 3) a Motion for Plaintiffs to Compel Evidence of Ownership, Note, Title or
Mortgage, and 4) a Motion for Sanctions PlaintifFs Violations of Rule 22 Mediation (collectively
the "July 22 Motions").
On September 10, 2009the Court entered summary judgment in favor of Plaintiff, which
order was vacated on October 2, 2009 due to discrepancies between two affidavits that had been
filed in support of Plaintiffs Motions for Sununary Judgment, and ordered PlaintifYto produce a
current endorsed affidavit. On January 8, 2010, this Court, on Plaintiffs renewed Motion for
Summary Judgment, having reviewed the Complaint, Defendants' Motions to Dismiss, the
Answer and Counterclaim filed by Defendants, Plaintiffs Reply to Defendants' Counterclaim,
11482589.7 2
COPY
PlaintifPs Response in Opposition to Defendants' Motions to Dismiss, Defendants' Opposition to
Summary Judgment, Plaintiffs Reply Brief to Defendants' Opposition to Plaintiffs Motion for
Summary Judgment, the July 22 Motions and Oppositions thereto, as well as all evidence
submitted, including the revised Affidavit submitted by Plaintiff on November 3, 2009
deteimined that no issue of fact remains for resolution and that Plaintiff is entitled to judgment in
its favor as a matter of law on all claims in the suit (the "January 8 Order"). The January 8 Order
also referenced and denied Defendant Mr. Taylor's motions for an evidentiary hearing and for
stay pending the outcome of an evidentiary hearing filed on January 4, 2010.
In its Order, the Court further found that Chevy Chase Bank, Ford Motor Credit
Company, and Department of Agriculture of the United States of America have been served witfi
a Suminons and Complaint but are in default for failure to file an Answer or other responsive
pleading. As a result, with respect to such defendants, the Court granted Plaintiffs Motion for
Default Judgment and entered judgment in favor of Plaintiff for the relief sought by Plaintiff in
its Complaint.
The Court further finds herein that The United States of America has filed a disclaimer of
interest, disclairning all right to, interest in, or tltle to the subject Property. As a result, this
defendant is forever barred from asserting an interest in the Property.
As found in the January 8 Order and re-stated in greater depth herein, the Court finds that
Defendants executed the promissory note referenced in the Complaint (the "Note") and therefore
promised, among other things, to make monthly payments on or before the date such payments
were due. The Court further finds that the sums due under the Note were accelerated in
accordance with the terms of the Note and Mortgage, The Court further finds that Defendants
11482589.7 3
COPY
executed and delivered the mortgage referenced in the Complaint (the "Mortgage"), and that the
Mortgage secures the amounts due under the Note.
As stated in its January 8 Order and reaffirmed herein, the Court finds that the Note and
Mortgage are in default because payments required to be made under the Note and Mortgage
have not been made. The Court finds that the conditions of the Mortgage have broken, the break
is absolute, and Plaintiff is entitled to have the equity of redemptlon and dower of the current
title holders foreclosed. The Court finds that Plaintitf, as the holder of the secured interest
conveyed byvalid and recorded assigmnent, is the real party in interest to prosecute this
foreclosure action: The Court has considered the claims to the contrary made by Defendants, in
their Motions to Dismiss and Counterclaim, and in their briefing before this Court, and in
Defendants' July 22 Motions and finds those claims to be without merit as a matter of law.
The Court further finds that there is due to Plaintiff on the Note principal in the amount
of $84,000.10 plus interest on the principal amount at the rato of 9.7% per annum from March 1,
2007. The Court further finds that there is due on the Note all late charges imposed under the
Note, all advances made for the payment of real estate taxes and assessments and insurance
premiums, and all costs and expenses incurred for the enforcement of the Note and Mortgage,
except to the extent the payment of one or more specific such items is prohibited by Ohio law.
As a result, the Court hereby enters judgment for the amount due on the Note in favor of Plaint[ff
and against Kenneth S. Taylor and Alycia A. Driggins-Taylor.
The Court finds that the Mortgage was recorded with the County Recorder and is a valid
and subsisting firsl mortgage on the Property. The Court forther finds that the parties to the
Mortgage intended that it attach to the entire fee simple interest in the Property. The Mortgage
is, however, junior in priority under Ohio law to the lien held by the County Treasurer to secure
i
11482589.7 4
COPY
the payment of real estate taxes and assessments. All amounts payable under Seetion 323.47 of
the Ohio Revised Code sha11 be paid from the proceeds of the sale before any distribution is
made to other lien holders.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that unless
Kenneth S. Taylor and/or Alycia A. Driggins-Taylor or anyone claiming through them pay or
cause to be paid the costs of this action and the amounts aforesaid found to be due and owing'to
the Plaintiff within three (3) days from the date of this Bntry, the equity of redemption of all
Defendants and anyone claiming through them, in the Property, shaU be forever cut off, barred,
and foreclosed; the Property shall be sold free and clear of any lien, claim, or interest of the
Defendants of whatever nature or lcind, and an Order of Sale be issued to the Sheriff directing
him to appraise, advertise, and sell the Property according to law and the orders of this Court,
and to report his findings to this Court for fiuther order, and that the purchaser at such
foreclosure sale be awarded a writ of possession and that aU other pe.rsons in possession of the
Property be evicted.
Notice of the time and place'of the sale of the Property shall be given to all persons who
have an interest in the Property lecoording to the provisions of Section 2329.26 of the Ohio
Revised Code.
IT IS FURTHER ORDERED that the Sheriff shall send counsel for the party
requesting the Order of Sale a copy of the publication notice promptly upon its first publication.
11482589.7 5
OPY
There is no just reason for delay in entering Judgment as aforesaid.
THIS IS A FINAL ORDER.
I certify this to be a true copyotthe originalpaniel M. Iqrrjgapy,jrlerk of GourEs.
11482589.7 6
:-D€puty