Motion for Substituted Service in MARLON DAVIS vs. CHARMAINE RAY| Trellis.Law

On March 16, 2021 a Request,Application was filed involving a dispute between Marlon Davis, and Charmaine Ray, Crosstown Kids Crosstown Home Llc., Quinta Douglas, for CONTRACT in the District Court of Cuyahoga County.

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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

REQUEST FOR SERVICE
April 2,2021 14:46

Confirmation Nbr. 2219707

MARLON DAVIS CV 21 945155

vs.
Judge: HOLLIE L. GALLAGHER
CH ARM AINE RAY

Pages Filed: 10

Electronically Filed 04/02/202114:46 / SERVICE / CV 21 945155 / Confirmation Nbr. 2219707 / CLCXH
Common Pleas Court of Cuyahoga County, Ohio
Nailah K. Byrd, Clerk of Courts

INSTRUCTIONS FOR SERVICE

Marlon Davis Case Number cv-2i-945i55
Plaintiff(s)
Judge- Ho,lieL-Galia9her
Vs.
Charmaine Ray Date: 4-1-2021
Defendants(s)

Method of Service Requested:

Personal Service by the Sheriff of County

Residence Service by the Sheriff of County

Personal Service By Process Server

Residence Service by Process Server

Civ.R. 4.7 Waiver Requested

Name(s) and Address(es) of Parties to Serve:

Please deliver a copy of the Complaint to Ms. Charmaine Ray at the following address:
23215 Commerce Park, Suite 310, Beachwood, Ohio 44122.

Additional instructions:

Filing Party Name: Marlon_Davis Supreme Court ID if applicable:

Phone Number: 216-401-5585

For Use by Sheriff or Process Server Only

ElectronicallyiFiied04/02/202114:46 / SERVICE / CV 21 945155 / Confirmation Nbr. 2219707 / CLCXH
NAILAHK.BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed: COMPLAINT
March 16,202119:31

Confirmation Nbr. 2205559

MARLON DAVIS CV 21 945155

vs.
Judge: HOLLIEL. GALLAGHER
CHARMAINERAY

Pages Filed:8
IN THE COURT OF COMMON PLEAS
CIVIL DIVISION
CUYAHOGA COUNTY, OHIO

MARLON DAVIS ) CASE NO.
20016 Sunset Drive )
Warrensville Heights, Ohio 44122 ) JUDGE:
)
Plaintiff )
)
vs )
) COMPLAINT
) (Jury Demand Endorsed Hereon)
CHARMAINERAY )
3741 Countiy Lane, Apt. B2 )
Warrensville Heights, Ohio 44122 )
)
Defendant )

JURISDICTION AND VENUE

1. At all times relevant, Plaintiff Marlon Davis (hereinafter “Mr. Davis”) was located

at 20016 Sunset Drive, Warrensville Heights, Ohio 44122, in the State of Ohio, Cuyahoga

County.

2. At all times relevant, Defendant Charmaine Ray (hereinafter “Ms. Ray”)

was located 3741 Countiy Lane, Apt. B2, Warrensville Heights, Ohio 44122, in the State

of Ohio, Cuyahoga County.

STATEMENT OF FACTS

3. On September 3,2019, Quinta Douglas, owner of the property located at 4666 Warner

Road, Garfield Heights, Ohio, named Marlon Davis her Power of Attorney. (See

Plaintiff Exhibit 1).

4. Plaintiff Mr. Davis and Defendant Ms. Ray made a verbal contract to sell the property

located at 4666 Warner Road, Garfield Heights, Ohio to Defendant Ms. Ray for

$36,500.00, which included additional conditions and provisions.

5. Defendant Ms. Ray agreed to a verbal contract to purchase the property located 4666

Warner Road, Garfield Heights, Ohio and refinance the property in one year for the

purpose renovating, repairing, and upgrading the property to open a foster home.

EleatroMdy l£iimO4/O3/3O0211446/1SERVI0S4CV21194S15fe/iCDNfamJifflnNbA132W07 / CLCXH
1
6. Defendant Ms. Ray purchased the property located at 4666 Warner Road, Garfield

Heights, Ohio on November 4,2019.

7. Defendant Ms. Ray failed to refinance the property after one year as agreed upon.

8. Defendant Ms. Ray failed to renovate, upgrade, and repair the property as agreed upon

by both parties for the purpose of opening a foster home.

9. Defendant Ms. Ray failed to repair damages that resulted from a fire on February 29,

2020.
10. Defendant Ms. Ray failed to adhere to the contract as agreed by both parties, which

resulted in her leaving the property located at 4666 Warner Road, Garfield Heights in

uninhabitable conditions.

FIRST CAUSE OF ACTION
(Breach of Contract)

11. Plaintiff hereby incorporates by reference paragraphs 1-10 of its Complaint as if fully

rewritten herein.

12. Defendant Ms. Ray breached the agreement by failing to refinance the property located

at 4666 Warner Road, Garfield Heights, Ohio one year after purchase.

13. Defendant Ms. Ray breached the agreement by failing to renovate, upgrade and repair

the property.

14. Defendant Ms. Ray breached the capitalization provisions, thereby breaching the

agreement.
15. Defendant Ms. Ray breached the agreement when she failed to utilize the insurance

payment from fire to repair the damages to the property.

16. Defendant Ms. Ray breached the agreement by using the insurance payment from the

fire for her own personal gain.

SECOND CAUSE OF ACTION
(Negligence)

17. Plaintiff hereby incorporates by reference paragraphs 1-16 of its Complaint as if fully

rewritten herein.

2
18. Defendant Ms. Ray negligence in repairing the property after the fire damage and

utilizing the insurance payment for her own personal gain has caused Plaintiff Mr.

Davis to incur repair expenses in excess of $234,000.00.

WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
a. Compensatoiy damages in excess of $25,000, plus interest at the legal rate on

said amount;

b. Punitive damages in excess of $25,000, plus interest at the legal rate on said

amount;
c. Plaintiffs costs and such other legal and equitable relief as this Court deems fair

and just.

Respectfully submitted,

Zs/ Marlon Davis_____
Marlon Davis, Pro Se
20016 Sunset Drive
Garfield Heights, Ohio 44122
Phone: (216) 401-5585

JURY DEMAND

Plaintiff respectfully requests a TRIAL BY JURY on all issues of the within action.

___ ZsZ Marlon Davis
Marlon Davis, Pro Se
Durable Power of Attorney
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. IF YOU HAVE
ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT
DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR
YOU. YOU MAY REVOKE THIS DURABLE POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

Definition of Agent
As used In this document, the term "Agent” shall include all agent(s), attorney(s)-in-fact, attorneys-in-
fact / agents, and mandatary or mandataries who are appointed herein.
TO ALL PERSONS, be It known, that I, Gi U the undersigned

Principal, who resides at iSuS
City of ^tudLu tJv , County of ,

State of do hereby appoint as my
Agent, and | ft_____________ as my Agent, who O must act jointly Q may act
separately on my behalf.

At the time of the execution of this Durable Power of Attorney,
resides at A J? „ ,
City of, , County of , State of

At the time of the execution of this Durable Power of Attorney,
resides at ,
City of County of State of

If one of my Agents Is unable to serve for any reason, OI authorize the remaining named Agent to
act as my sole Agent OR I ! I designate |d A ,______________ , residing at
City of County of
, State of , to serve in that person’s place.
If both of my Agents are unable to serve for any reason, I designate
EigcttQRifiaJjyfiiedd04/02/2a21 / clcxh________

City of , County of __ , State of
, as my Successor Agent.
©SmartLeflaRxma LF2050»rahlaPmwtrflfaKgniRv6-lR P6M/L£ _, as Witness, and ________, as Witness,
who proved to me on the basis of satisfactory evidence to be the person® whose name(s) is/are
subscribed* to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature® on the instrument the
person®, or the entity upon behalf of which the person® acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of fyfaJsCt
that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary

Affiant Known Produced ID

Type of ID TV & Il

(Seal)

AGENTS SIGNATURE AND ACKNOWLEDGMENT

First Agent Acknowledgement
I, V ,am the person identified as the Agent for the Principal
named in this document and acknowledge my legal duties.

Date Signature

Second Agent Acknowledgement (If applicable)
I, , am the person identifiedas the Agent for the Principal
named in this document and acknowledge my legal duties.

Date Signature

14:46 // SERVCEc/cC¥c2/i(94515fetlcCPNfifmsJiRroNbr<22rt§707 / clcxh

Case Info

Judge

HOLLIE L GALLAGHER Track Judge’s New Case

Case No.

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Document Filed Date

April 02, 2021

Case Filing Date

March 16, 2021

County

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Request,Application: MARLON DAVIS vs. CHARMAINE RAY

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