On January 31, 2023 a
Proof of Service
was filed
involving a dispute between
Newrez Llc,
and
Darke County Treasurer,
Drake, Brian A,
Drake, Kimberly,
for FORECLOSURES
in the District Court of Darke County.
Preview
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BIL a
aMHHOH PLEAS COURT
IN THE DARKE COUNTY, OHIO COURT OF COMMON PLIEASUNTY. CHIG
CIVIL DIVISION
2023 APR -7 ANTI 29
NewRez LLC dba Shellpoint Mortgage CID PIKE
Servicing,
CASE NO. 23CV00044
Plaintifé,
JUDGE TRAVIS L. FLIEHMAN
v.
Brian A. Drake, et al.,
Defendants.
MOTION FOR DEFAULT JUDGMENT
Now comes Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing (“Plaintiff”), by
and through counsel, who hereby respectfully moves this Court to enter default in its favor in the
above-titled action. For the subject promissory note, Plaintiff requests default against Defendants
Brian A. Drake and Kimberly ‘Drake. This request is made pursuant to Civil Rule 55 on the
grounds that the aforementioned Defendants have failed to answer, plead, defend or otherwise
appear to the Complaint of the Plaintiff.
Respectfully submitted,
Y
David J. Dewfeks (0055423)
Cooke Demers, LLC
260 Market Street, Suite F
New Albany, OH 43054
614-939-0930
614-939-0987 facsimile
ddemers@cdgattorneys.com
Attorney for Plaintiff
MEMORANDUM IN SUPPORT
Civil Rule 55 states that if the party against whom affirmative relief or judgment is sought
fails to plead or otherwise defend, the party entitled to judgment by default shall apply to the Court
thereof. In the case before the Court, and pursuant to the information provided by the Clerk of this
Court: Defendant Brian A. Drake was served with a Notice of the Proceedings, Complaint on
February 03, 2023 via Certified Mail. Defendant Kimberly Drake was served with a Notice of the
Proceedings and Complaint on March 03, 2023 via certified mail.
Civil Rule 12(A)(1) states that Defendants must answer within Twenty-Eight (28) days.
These Defendants have not done so.
WHEREFORE, Plaintiff requests default judgment in its favor:
a) As to Defendant Brian A. Drake in the amount of $90,945.83, with interest thereon 2.75%
per annum from July 1, 2022, plus late charges and advances and all costs and expenses incurred
for the enforcement of the Note and Mortgage except to the extent the payment is prohibited by
Ohio law.
b) That Plaintiff be found to have a valid first, after the lien of the Treasuter for taxes, upon
the premises in the amount of $90,945.83, together with interest at that rate of 2.75% per annum
from July 1, 2022 plus late charges and advances and all costs and expenses incurred for the
enforcement of the Note and Mortgage except to the extent the payment is prohibited by Ohio law.
c) Default against Defendant: Kimberly Drake.
David J. Désyers (0055423)
Cooke Demers, LLC
260 Market Street, Suite F
New Albany, OH 43054
614-939-0930/ 614-939-0987 facsimile
ddemers@cdgattorneys.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned certifies that a true and accurate copy of the foregoing Document was
served upon the following via regular U.S. Mail this ¢* day of April, 2023:
Brian A. Drake
410 Wayne Avenue
Greenville, OH 45331
Kimberly Drake
410 Wayne Avenue
Greenville, OH 45331
Darke County Treasurer
1219 Ontario Street
Cleveland, OH 44113
David J. Tadhgers (0055423)
Preview
~= BIL a aMHHOH PLEAS COURT IN THE DARKE COUNTY, OHIO COURT OF COMMON PLIEASUNTY. CHIG CIVIL DIVISION 2023 APR -7 ANTI 29 NewRez LLC dba Shellpoint Mortgage CID PIKE Servicing, CASE NO. 23CV00044 Plaintifé, JUDGE TRAVIS L. FLIEHMAN v. Brian A. Drake, et al., Defendants. MOTION FOR DEFAULT JUDGMENT Now comes Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing (“Plaintiff”), by and through counsel, who hereby respectfully moves this Court to enter default in its favor in the above-titled action. For the subject promissory note, Plaintiff requests default against Defendants Brian A. Drake and Kimberly ‘Drake. This request is made pursuant to Civil Rule 55 on the grounds that the aforementioned Defendants have failed to answer, plead, defend or otherwise appear to the Complaint of the Plaintiff. Respectfully submitted, Y David J. Dewfeks (0055423) Cooke Demers, LLC 260 Market Street, Suite F New Albany, OH 43054 614-939-0930 614-939-0987 facsimile ddemers@cdgattorneys.com Attorney for Plaintiff MEMORANDUM IN SUPPORT Civil Rule 55 states that if the party against whom affirmative relief or judgment is sought fails to plead or otherwise defend, the party entitled to judgment by default shall apply to the Court thereof. In the case before the Court, and pursuant to the information provided by the Clerk of this Court: Defendant Brian A. Drake was served with a Notice of the Proceedings, Complaint on February 03, 2023 via Certified Mail. Defendant Kimberly Drake was served with a Notice of the Proceedings and Complaint on March 03, 2023 via certified mail. Civil Rule 12(A)(1) states that Defendants must answer within Twenty-Eight (28) days. These Defendants have not done so. WHEREFORE, Plaintiff requests default judgment in its favor: a) As to Defendant Brian A. Drake in the amount of $90,945.83, with interest thereon 2.75% per annum from July 1, 2022, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage except to the extent the payment is prohibited by Ohio law. b) That Plaintiff be found to have a valid first, after the lien of the Treasuter for taxes, upon the premises in the amount of $90,945.83, together with interest at that rate of 2.75% per annum from July 1, 2022 plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage except to the extent the payment is prohibited by Ohio law. c) Default against Defendant: Kimberly Drake. David J. Désyers (0055423) Cooke Demers, LLC 260 Market Street, Suite F New Albany, OH 43054 614-939-0930/ 614-939-0987 facsimile ddemers@cdgattorneys.com Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned certifies that a true and accurate copy of the foregoing Document was served upon the following via regular U.S. Mail this ¢* day of April, 2023: Brian A. Drake 410 Wayne Avenue Greenville, OH 45331 Kimberly Drake 410 Wayne Avenue Greenville, OH 45331 Darke County Treasurer 1219 Ontario Street Cleveland, OH 44113 David J. Tadhgers (0055423)