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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118
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IN THE FRANKLIN COUNTY, OHIO COURT OF COMMON PLEAS
CIVIL DIVISION
SELECT PROTFOLIO SERVICING,
Plaintiff, Case No. 22CVE11-8118
Vv. JUDGE HOLBROOK
JUDITH A. ALLEN, et al.
Defendants.
ORDER AND ENTRY
This is now the third time in less than six months where the Court has had to address
unwarranted and duplicative motions filed by Defendant Judith A. Allen (“Defendant
Allen”) Currently before the Court are:
(1) Defendant Allen’s Motion for Leave to Amend Counterclaims filed April 21, 2023
at 11:59 AM;
(2) Defendant Allen’s Motion for Leave to Amend Counterclaims filed April 21, 2023
at 2:31 PM;
(3) Defendant Allen’s Motion for Leave to Amend Counterclaims filed April 21, 2023
at 2:36 PM;
(4) Defendant Allen’s Motion for Leave to Amend Counterclaims filed May 2, 2023 at
3:58 PM;
(5) Defendant Allen’s Motion for Leave to Amend Counterclaims filed May 2, 2023 at
4:05 PM;
(6) Defendant Allen’s Demand for Jury Trial filed May 9, 2023;
(7) Defendant Allen’s Motion to Reconsider filed May 11, 2023;
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(8) Defendant Allen’s Motion for Leave to Amend Counterclaims filed May 15, 2023;
(9) Defendant Allen’s Motion for Leave to Amend and Supplemental Amended
Counterclaims filed May 22, 2023;
(10) Defendant Allen’s Motion to Remove Improper Documents filed May 23, 2023;
(11) Defendant Allen’s Motion to Dismiss filed May 24, 2023;
(12) Defendant Allen’s Motion to Remove Improper Documents filed May 25, 2023;
(13) Defendant Allen’s Motion for Leave to Amend and Supplemental Amended
Counterclaims filed May 25, 2023;
(14) Defendant Allen’s Motion to Remove Improper Documents filed May 26, 2023;
(15) Defendant Allen’s Motion for Leave to Amend and Supplemental Amended
Counterclaims filed May 26, 2023; and
(16) Defendant Allen’s Motion to Dismiss filed June 1, 2023.
Defendant Allen’s June 9, 2023 motion for summary judgment titled a motion to
dismiss is not yet ripe for the Court’s consideration.
DEFENDANT ALLEN’S Morions FOR LEAVE TO AMEND/SUPPLEMENT HER
COUNTERCLAIM
On no less than nine occasions, Defendant Allen filed a motion for leave to either
amend or supplement her Counterclaims which have been dismissed by this Court.
Both Plaintiff and Chicago Title have responded to the motions generally arguing that
Defendant Allen has not me her burden.
Civ.R. 15(A) provides "[a] party may amend his pleading once as a matter of course at
any time before a responsive pleading is served .. . . Otherwise a party may amend his
pleadings only by leave of court or by written consent of the adverse party. Leave of court
shall be freely given when justice so requires." Accordingly, the Supreme Court of Ohio has
recognized, "[t]he language of Civ.R. 15(A) favors a liberal policy when the trial judge is
2
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confronted with a motion to amend the pleadings beyond the time limit when such
amendments are automatically allowed." Wilmington Steel Products, Inc. v. Cleveland Elec.
Ilium. Co., 60 Ohio St.3d 120, 121-122 (1991). In spite of this liberal amendment policy, the
movant is required to make two showings. First, the movant must establish a prima facie
showing of support for the new matter sought to be pleaded, and second, the movant must
show that the amendment is not simply a delaying tactic, nor one that would cause prejudice
to the defendant. Id., citing Solowitch v. Bennett, 8 Ohio App.3d 115, 117 (8th Dist.1982).
Where a movant fails to make a prima facie showing of support for new matters sought to be
pleaded, a trial court acts within its discretion in denying a motion to amend the pleadings.
Id. at 123.
Upon review of the proposed amended/supplemented counterclaims, the Court finds
that Defendant Allen’s motions are not well-taken. Defendant Allen has not made a prima
facie showing for any new matters sought to be pleaded. Further, given the number of filings,
even if they were filed in error, the Court has concerns that Defendant Allen’s efforts are
merely a delay tactic.
Accordingly, Defendant Allen’s Motions to Amend/Supplement her counterclaims
are hereby DENIED.
DEFENDANT ALLEN’S DEMAND FOR JURY TRIAL
Under Ohio law "[a]n action in foreclosure is equitable in nature and may be heard
by the court," and "[n]either party may assert a right to a jury trial in an equitable action."
4030 W. Broad, Inc. v. Neal, 10th Dist. Franklin No. 20AP-31, 2021-Ohio-3685, 41 32,
quoting Natl. City Bank v. Abdalla, 131 Ohio App.3d 204, 210 (7th Dist.1999). See also
Green Tree Servicing L.L.C. v. St. John, 5th Dist. No. 2013 CA 00092, 2015-Ohio-1111, 1 26
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("A foreclosure action is equitable in nature and may be heard by a court."). An exception to
the general rule "applies when there is a claim for a personal judgment against a party."
Rokakis v. W. Res. Leasing Co., 8th Dist. No. 95058, 2011-Ohio-1926, {1 9.
In the instant action, Plaintiff is not seeking a personal judgment. It is very clearly
proceeding in rem only. Furthermore, Defendant Allen delayed in making her jury demand.
Accordingly, Defendant Allen’s demand for a jury is DENIED.
DEFENDANT ALLEN’S MOTION TO RECONSIDER
On May 11, 2023, Defendant Allen filed a motion to reconsider. Therein, Defendant
Allen simply restates the entirety of App.R. 26 and nothing else. Because the rules of
appellate procedure do not apply to this Court, and Defendant Allen has not indicated what
she would like the Court to reconsider, the motion is not well-taken and is hereby DENIED.
DEFENDANT ALLEN’S MOTIONS TO REMOVE IMPROPER DOCUMENTS
On May 23, 25, and 26, Defendant Allen filed documents titled Motion to Remove
Improper Documents. Within the motions, Defendant Allen requests that the following
documents be removed from the record as improperly filed: (1) May 25, 2023 Motion for
Leave; (2) May 22, 2023 Motion for Leave; (3) May 21, 2023 Motion for Leave; (4) May 15,
2023 Motion for Leave; (5) May 5, 2023 Motion for Leave; and (6) May 12, 2023 Motion for
Reconsideration.
From this Court’s review, the May 25, 2023 motion to remove is identical to the May
23, 2023 motion to remove. The May 26, 2023 motion to remove is identical to the prior two
but also adds the request to remove the May 25, 2023 motion for leave. Defendant Allen’s
motions to remove are just another example of the manner in which she has clogged this
Court’s docket and delayed this action with her nonstop filings. This Court is willing to accept
a mistake in filing; however, this goes beyond a mistake. The sheer number of filings is
4
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indicative of something more. Furthermore, this Court has already reviewed the documents
sought to be removed. Accordingly, Defendant Allen’s motions to remove are DENIED.
DEFENDANT ALLEN’S MAY 24, 2023 MOTION TO DISMISS
Defendant Allen, again, moves the Court to dismiss the Plaintiff's Complaint for
improper service or lack of service and according to the provisions of Civ.R. 3. Plaintiff, on
the other hand, argues that service of the summons and complaint on Defendant Allen was
perfected according to the Ohio Rules of Civil Procedure. Alternatively, Plaintiff submits
that it has good cause under Civ.R. 4(E) for an extension of time to perfect service as the
complaint was filed less than one year ago.
"A civil action is commenced by filing a complaint with the court, if service is obtained
within one year from such filing upon a named defendant." Civ.R. 3(A). "Upon the filing of
the complaint the clerk shall forthwith issue a summons for service upon each defendant
listed in the caption. Upon request of the plaintiff separate or additional summons shall issue
*** against any defendant." Civ.R. 4(A). Pursuant to Civ.R. 4.1, the clerk may perfect service
of the complaint and summons through certified or express mail or by commercial carrier
service; a plaintiff also may request personal or residential service.
"Service of the summons and complaint' "is the procedure by which a court having
venue and jurisdiction of the subject matter of the suit asserts jurisdiction over the person
of the party served."" During v. Quoico, 10th Dist. No. 11AP-735, 2012-Ohio-2990, {| 25,
quoting Omni Capital Internatl., Ltd. v. Rudolf Wolff & Co., Ltd., 484 U.S. 97 (1987),
quoting Mississippi Publishing Corp. v. Murphree, 326 U.S. 438, 444-45 (1946). "In the
absence of service of process or the waiver of service by the defendant, a court ordinarily
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may not exercise power over a party the complaint names as a defendant." During, citing
Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999).
Failure to perfect service of the complaint is waived when the defendant appears "for
any other purpose than to object to juris-diction." Wells Fargo Bank, N.A. v. Sekulovski,
1oth Dist. Franklin No. 11AP-795, 2012-Ohio-5973, 10, quoting St. Anthony the Great
Romanian Orthodox Monastery, Inc. v. Somlea, 8th Dist. No. 97955, 2012-Ohio-4162, {| 16,
quoting Slomovitz v. Slomovitz, 8th Dist. No. 94499, 2010-Ohio-4361, {1 9; see also
Maryhew v. Yova, 11 Ohio St.3d 154, 156 (1984) (personal jurisdiction may be obtained by
service of process, voluntary appearance, or waiver).
Plaintiff filed its complaint for breach of note and to foreclose on the associated
mortgage in this case on November 18, 2022. Thereafter, Plaintiff perfected service of the
summons and complaint on Defendant Allen via certified mail on December 2, 2022, which
is docketed online as “miscellaneous paper” on December 8, 2022. Thus, dismissal for lack
of service on Defendant Allen is not proper.
Notwithstanding the forgoing, the Court additionally notes that on December 22,
2022, Defendant Allen responded to the complaint with a counterclaim. The counterclaim
does not raise an affirmative defense of lack of personal jurisdiction. Nor does the amended
answer filed January 18, 2023. Indeed, not even Defendant Allen’s May 26, 2023 motion for
leave to file amended/supplemental counterclaims includes a personal jurisdiction or lack
of service affirmative defense.
In filing these documents, Defendant Allen entered an appearance in the action
without raising the defense of failure to serve her with the summons and complaint. Under
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such general appearance without invoking the alleged failure to be served, Defendant Allen
waived the issue.
For the forgoing reasons, Defendant Allen’s May 24, 2023 Motion to Dismiss is not
well taken and is hereby DENIED.
DEFENDANT ALLEN’S JUNE 1, 2023 MOTION TO DISMISS
On June 1, 2023, Defendant Allen moved to dismiss the complaint based on the
statute of limitations pursuant to R.C. 2117.061. In response, plaintiff argues that Defendant
Allen’s reliance on R.C. 2117.061 is misplaced given the provisions of R.C. 2117.10. The Court
agrees with plaintiff. Plaintiff's failure to present a claim with Earl Allen’s estate within six
months of his death does not effect its lien on the subject property which is evidenced by the
mortgage of record.
Therefore, Defendant Allen’s June 1, 2023 motion to dismiss is not well taken and is
hereby DENIED.
ORDER
Pursuant to R.C. 2323.51, Defendant Allen shall refrain from filing any further duplicative
and unsupported motions. It is further ORDERED pursuant to Civ.R. 11 that any future
filings shall be signed, by electronic signature or by hand, stating the party’s address,
telephone number, facsimile number, if any, and e-mail address, if any. Failure to abide
by this Order is contempt of court subjecting any non-complying party to
sanctions, including but not limited to fines and imprisonment.
IT IS SO ORDERED.
Electronic notification to counsel of record
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118
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Franklin County Court of Common Pleas
Date: 06-20-2023
Case Title: SELECT PORTFOLIO SERVICING INC -VS- JUDITH A ALLEN
ET AL
Case Number: 22CV008118
Type: ENTRY
It Is So Ordered.
RK al
/s/ Judge Michael J. Holbrook
Electronically signed on 2023-Jun-20 page 8 of 8
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Court Disposition
Case Number: 22CV008118
Case Style: SELECT PORTFOLIO SERVICING INC -VS- JUDITH A
ALLEN ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 22CV0081 182023-04-2199980000
Document Title: 04-21-2023-MOTION FOR LEAVE TO FILE -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
2. Motion CMS Document Id: 22CV0081 182023-04-2199970000
Document Title: 04-21-2023-MOTION - DEFENDANT: JUDITH A.
ALLE
Disposition: MOTION DENIED
3. Motion CMS Document Id: 22CV0081 182023-04-2199770000
Document Title: 04-21-2023-MOTION - DEFENDANT: JUDITH A.
ALLE
Disposition: MOTION DENIED
4. Motion CMS Document Id: 22CV0081 182023-05-0299980000
Document Title: 05-02-2023-MOTION FOR LEAVE TO FILE -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
5. Motion CMS Document Id: 22CV0081 182023-05-0299970000
Document Title: 05-02-2023-MOTION FOR LEAVE TO FILE -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
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6. Motion CMS Document Id: 22CV0081 182023-05-0999980000
Document Title: 05-09-2023-MOTION TO REQUEST JURY TRIAL
- DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
7. Motion CMS Document Id: 22CV0081 182023-05- 1199980000
Document Title: 05-11-2023- MOTION TO RECONSIDER -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
8. Motion CMS Document Id: 22CV0081 182023-05- 1599980000
Document Title: 05-15-2023-MOTION - DEFENDANT: JUDITH A.
ALLEN - FOR LEAVE TO AMEND
Disposition: MOTION DENIED
9. Motion CMS Document Id: 22CV0081 182023-05-2299980000
Document Title: 05-22-2023-MOTION FOR LEAVE TO FILE -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
10. Motion CMS Document Id: 22CV0081 182023-05-2399980000
Document Title: 05-23-2023-MOTION - DEFENDANT: JUDITH A.
ALLEN - TO REMOVE DOCUMENTS
Disposition: MOTION DENIED
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11. Motion CMS Document Id: 22CV0081 182023-05-2499980000
Document Title: 05-24-2023-MOTION TO DISMISS -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
12. Motion CMS Document Id: 22CV0081 182023-05-2599950000
Document Title: 05-25-2023-MOTION FOR LEAVE TO FILE -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
13. Motion CMS Document Id: 22CV0081 182023-05-2599940000
Document Title: 05-25-2023-MOTION - DEFENDANT: JUDITH A.
ALLEN - TO REMOVE IMPROPER DOCUMENTS
Disposition: MOTION DENIED
14. Motion CMS Document Id: 22CV0081 182023-05-2699980000
Document Title: 05-26-2023-MOTION FOR LEAVE TO FILE -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
15. Motion CMS Document Id: 22CV0081 182023-05-2699970000
Document Title: 05-26-2023-MOTION - DEFENDANT: JUDITH A.
ALLEN - TO REMOVE IMPROPER DOCUMENTS
Disposition: MOTION DENIED
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16. Motion CMS Document Id: 22CV0081182023-06-0199980000
Document Title: 06-01-2023-OBJECTION TO - PLAINTIFF:
SELECT PORTFOLIO SERVICING INC
Disposition: MOTION RELEASED TO CLEAR DOCKET
17. Motion CMS Document Id: 22CV0081 182023-06-0199970000
Document Title: 06-01-2023-MOTION TO DISMISS -
DEFENDANT: JUDITH A. ALLEN
Disposition: MOTION DENIED
18. Motion CMS Document Id: 22CV0081182023-06-0699980000
Document Title: 06-06-2023-OBJECTION TO - PLAINTIFF:
SELECT PORTFOLIO SERVICING INC
Disposition: MOTION RELEASED TO CLEAR DOCKET
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - 937 IN THE FRANKLIN COUNTY, OHIO COURT OF COMMON PLEAS CIVIL DIVISION SELECT PROTFOLIO SERVICING, Plaintiff, Case No. 22CVE11-8118 Vv. JUDGE HOLBROOK JUDITH A. ALLEN, et al. Defendants. ORDER AND ENTRY This is now the third time in less than six months where the Court has had to address unwarranted and duplicative motions filed by Defendant Judith A. Allen (“Defendant Allen”) Currently before the Court are: (1) Defendant Allen’s Motion for Leave to Amend Counterclaims filed April 21, 2023 at 11:59 AM; (2) Defendant Allen’s Motion for Leave to Amend Counterclaims filed April 21, 2023 at 2:31 PM; (3) Defendant Allen’s Motion for Leave to Amend Counterclaims filed April 21, 2023 at 2:36 PM; (4) Defendant Allen’s Motion for Leave to Amend Counterclaims filed May 2, 2023 at 3:58 PM; (5) Defendant Allen’s Motion for Leave to Amend Counterclaims filed May 2, 2023 at 4:05 PM; (6) Defendant Allen’s Demand for Jury Trial filed May 9, 2023; (7) Defendant Allen’s Motion to Reconsider filed May 11, 2023; Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q38 (8) Defendant Allen’s Motion for Leave to Amend Counterclaims filed May 15, 2023; (9) Defendant Allen’s Motion for Leave to Amend and Supplemental Amended Counterclaims filed May 22, 2023; (10) Defendant Allen’s Motion to Remove Improper Documents filed May 23, 2023; (11) Defendant Allen’s Motion to Dismiss filed May 24, 2023; (12) Defendant Allen’s Motion to Remove Improper Documents filed May 25, 2023; (13) Defendant Allen’s Motion for Leave to Amend and Supplemental Amended Counterclaims filed May 25, 2023; (14) Defendant Allen’s Motion to Remove Improper Documents filed May 26, 2023; (15) Defendant Allen’s Motion for Leave to Amend and Supplemental Amended Counterclaims filed May 26, 2023; and (16) Defendant Allen’s Motion to Dismiss filed June 1, 2023. Defendant Allen’s June 9, 2023 motion for summary judgment titled a motion to dismiss is not yet ripe for the Court’s consideration. DEFENDANT ALLEN’S Morions FOR LEAVE TO AMEND/SUPPLEMENT HER COUNTERCLAIM On no less than nine occasions, Defendant Allen filed a motion for leave to either amend or supplement her Counterclaims which have been dismissed by this Court. Both Plaintiff and Chicago Title have responded to the motions generally arguing that Defendant Allen has not me her burden. Civ.R. 15(A) provides "[a] party may amend his pleading once as a matter of course at any time before a responsive pleading is served .. . . Otherwise a party may amend his pleadings only by leave of court or by written consent of the adverse party. Leave of court shall be freely given when justice so requires." Accordingly, the Supreme Court of Ohio has recognized, "[t]he language of Civ.R. 15(A) favors a liberal policy when the trial judge is 2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - 939 confronted with a motion to amend the pleadings beyond the time limit when such amendments are automatically allowed." Wilmington Steel Products, Inc. v. Cleveland Elec. Ilium. Co., 60 Ohio St.3d 120, 121-122 (1991). In spite of this liberal amendment policy, the movant is required to make two showings. First, the movant must establish a prima facie showing of support for the new matter sought to be pleaded, and second, the movant must show that the amendment is not simply a delaying tactic, nor one that would cause prejudice to the defendant. Id., citing Solowitch v. Bennett, 8 Ohio App.3d 115, 117 (8th Dist.1982). Where a movant fails to make a prima facie showing of support for new matters sought to be pleaded, a trial court acts within its discretion in denying a motion to amend the pleadings. Id. at 123. Upon review of the proposed amended/supplemented counterclaims, the Court finds that Defendant Allen’s motions are not well-taken. Defendant Allen has not made a prima facie showing for any new matters sought to be pleaded. Further, given the number of filings, even if they were filed in error, the Court has concerns that Defendant Allen’s efforts are merely a delay tactic. Accordingly, Defendant Allen’s Motions to Amend/Supplement her counterclaims are hereby DENIED. DEFENDANT ALLEN’S DEMAND FOR JURY TRIAL Under Ohio law "[a]n action in foreclosure is equitable in nature and may be heard by the court," and "[n]either party may assert a right to a jury trial in an equitable action." 4030 W. Broad, Inc. v. Neal, 10th Dist. Franklin No. 20AP-31, 2021-Ohio-3685, 41 32, quoting Natl. City Bank v. Abdalla, 131 Ohio App.3d 204, 210 (7th Dist.1999). See also Green Tree Servicing L.L.C. v. St. John, 5th Dist. No. 2013 CA 00092, 2015-Ohio-1111, 1 26 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q40 ("A foreclosure action is equitable in nature and may be heard by a court."). An exception to the general rule "applies when there is a claim for a personal judgment against a party." Rokakis v. W. Res. Leasing Co., 8th Dist. No. 95058, 2011-Ohio-1926, {1 9. In the instant action, Plaintiff is not seeking a personal judgment. It is very clearly proceeding in rem only. Furthermore, Defendant Allen delayed in making her jury demand. Accordingly, Defendant Allen’s demand for a jury is DENIED. DEFENDANT ALLEN’S MOTION TO RECONSIDER On May 11, 2023, Defendant Allen filed a motion to reconsider. Therein, Defendant Allen simply restates the entirety of App.R. 26 and nothing else. Because the rules of appellate procedure do not apply to this Court, and Defendant Allen has not indicated what she would like the Court to reconsider, the motion is not well-taken and is hereby DENIED. DEFENDANT ALLEN’S MOTIONS TO REMOVE IMPROPER DOCUMENTS On May 23, 25, and 26, Defendant Allen filed documents titled Motion to Remove Improper Documents. Within the motions, Defendant Allen requests that the following documents be removed from the record as improperly filed: (1) May 25, 2023 Motion for Leave; (2) May 22, 2023 Motion for Leave; (3) May 21, 2023 Motion for Leave; (4) May 15, 2023 Motion for Leave; (5) May 5, 2023 Motion for Leave; and (6) May 12, 2023 Motion for Reconsideration. From this Court’s review, the May 25, 2023 motion to remove is identical to the May 23, 2023 motion to remove. The May 26, 2023 motion to remove is identical to the prior two but also adds the request to remove the May 25, 2023 motion for leave. Defendant Allen’s motions to remove are just another example of the manner in which she has clogged this Court’s docket and delayed this action with her nonstop filings. This Court is willing to accept a mistake in filing; however, this goes beyond a mistake. The sheer number of filings is 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - gal indicative of something more. Furthermore, this Court has already reviewed the documents sought to be removed. Accordingly, Defendant Allen’s motions to remove are DENIED. DEFENDANT ALLEN’S MAY 24, 2023 MOTION TO DISMISS Defendant Allen, again, moves the Court to dismiss the Plaintiff's Complaint for improper service or lack of service and according to the provisions of Civ.R. 3. Plaintiff, on the other hand, argues that service of the summons and complaint on Defendant Allen was perfected according to the Ohio Rules of Civil Procedure. Alternatively, Plaintiff submits that it has good cause under Civ.R. 4(E) for an extension of time to perfect service as the complaint was filed less than one year ago. "A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant." Civ.R. 3(A). "Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the caption. Upon request of the plaintiff separate or additional summons shall issue *** against any defendant." Civ.R. 4(A). Pursuant to Civ.R. 4.1, the clerk may perfect service of the complaint and summons through certified or express mail or by commercial carrier service; a plaintiff also may request personal or residential service. "Service of the summons and complaint' "is the procedure by which a court having venue and jurisdiction of the subject matter of the suit asserts jurisdiction over the person of the party served."" During v. Quoico, 10th Dist. No. 11AP-735, 2012-Ohio-2990, {| 25, quoting Omni Capital Internatl., Ltd. v. Rudolf Wolff & Co., Ltd., 484 U.S. 97 (1987), quoting Mississippi Publishing Corp. v. Murphree, 326 U.S. 438, 444-45 (1946). "In the absence of service of process or the waiver of service by the defendant, a court ordinarily Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q42 may not exercise power over a party the complaint names as a defendant." During, citing Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999). Failure to perfect service of the complaint is waived when the defendant appears "for any other purpose than to object to juris-diction." Wells Fargo Bank, N.A. v. Sekulovski, 1oth Dist. Franklin No. 11AP-795, 2012-Ohio-5973, 10, quoting St. Anthony the Great Romanian Orthodox Monastery, Inc. v. Somlea, 8th Dist. No. 97955, 2012-Ohio-4162, {| 16, quoting Slomovitz v. Slomovitz, 8th Dist. No. 94499, 2010-Ohio-4361, {1 9; see also Maryhew v. Yova, 11 Ohio St.3d 154, 156 (1984) (personal jurisdiction may be obtained by service of process, voluntary appearance, or waiver). Plaintiff filed its complaint for breach of note and to foreclose on the associated mortgage in this case on November 18, 2022. Thereafter, Plaintiff perfected service of the summons and complaint on Defendant Allen via certified mail on December 2, 2022, which is docketed online as “miscellaneous paper” on December 8, 2022. Thus, dismissal for lack of service on Defendant Allen is not proper. Notwithstanding the forgoing, the Court additionally notes that on December 22, 2022, Defendant Allen responded to the complaint with a counterclaim. The counterclaim does not raise an affirmative defense of lack of personal jurisdiction. Nor does the amended answer filed January 18, 2023. Indeed, not even Defendant Allen’s May 26, 2023 motion for leave to file amended/supplemental counterclaims includes a personal jurisdiction or lack of service affirmative defense. In filing these documents, Defendant Allen entered an appearance in the action without raising the defense of failure to serve her with the summons and complaint. Under Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q43 such general appearance without invoking the alleged failure to be served, Defendant Allen waived the issue. For the forgoing reasons, Defendant Allen’s May 24, 2023 Motion to Dismiss is not well taken and is hereby DENIED. DEFENDANT ALLEN’S JUNE 1, 2023 MOTION TO DISMISS On June 1, 2023, Defendant Allen moved to dismiss the complaint based on the statute of limitations pursuant to R.C. 2117.061. In response, plaintiff argues that Defendant Allen’s reliance on R.C. 2117.061 is misplaced given the provisions of R.C. 2117.10. The Court agrees with plaintiff. Plaintiff's failure to present a claim with Earl Allen’s estate within six months of his death does not effect its lien on the subject property which is evidenced by the mortgage of record. Therefore, Defendant Allen’s June 1, 2023 motion to dismiss is not well taken and is hereby DENIED. ORDER Pursuant to R.C. 2323.51, Defendant Allen shall refrain from filing any further duplicative and unsupported motions. It is further ORDERED pursuant to Civ.R. 11 that any future filings shall be signed, by electronic signature or by hand, stating the party’s address, telephone number, facsimile number, if any, and e-mail address, if any. Failure to abide by this Order is contempt of court subjecting any non-complying party to sanctions, including but not limited to fines and imprisonment. IT IS SO ORDERED. Electronic notification to counsel of record Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q44 Franklin County Court of Common Pleas Date: 06-20-2023 Case Title: SELECT PORTFOLIO SERVICING INC -VS- JUDITH A ALLEN ET AL Case Number: 22CV008118 Type: ENTRY It Is So Ordered. RK al /s/ Judge Michael J. Holbrook Electronically signed on 2023-Jun-20 page 8 of 8 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q45 Court Disposition Case Number: 22CV008118 Case Style: SELECT PORTFOLIO SERVICING INC -VS- JUDITH A ALLEN ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 22CV0081 182023-04-2199980000 Document Title: 04-21-2023-MOTION FOR LEAVE TO FILE - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 2. Motion CMS Document Id: 22CV0081 182023-04-2199970000 Document Title: 04-21-2023-MOTION - DEFENDANT: JUDITH A. ALLE Disposition: MOTION DENIED 3. Motion CMS Document Id: 22CV0081 182023-04-2199770000 Document Title: 04-21-2023-MOTION - DEFENDANT: JUDITH A. ALLE Disposition: MOTION DENIED 4. Motion CMS Document Id: 22CV0081 182023-05-0299980000 Document Title: 05-02-2023-MOTION FOR LEAVE TO FILE - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 5. Motion CMS Document Id: 22CV0081 182023-05-0299970000 Document Title: 05-02-2023-MOTION FOR LEAVE TO FILE - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q46 6. Motion CMS Document Id: 22CV0081 182023-05-0999980000 Document Title: 05-09-2023-MOTION TO REQUEST JURY TRIAL - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 7. Motion CMS Document Id: 22CV0081 182023-05- 1199980000 Document Title: 05-11-2023- MOTION TO RECONSIDER - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 8. Motion CMS Document Id: 22CV0081 182023-05- 1599980000 Document Title: 05-15-2023-MOTION - DEFENDANT: JUDITH A. ALLEN - FOR LEAVE TO AMEND Disposition: MOTION DENIED 9. Motion CMS Document Id: 22CV0081 182023-05-2299980000 Document Title: 05-22-2023-MOTION FOR LEAVE TO FILE - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 10. Motion CMS Document Id: 22CV0081 182023-05-2399980000 Document Title: 05-23-2023-MOTION - DEFENDANT: JUDITH A. ALLEN - TO REMOVE DOCUMENTS Disposition: MOTION DENIED Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q47 11. Motion CMS Document Id: 22CV0081 182023-05-2499980000 Document Title: 05-24-2023-MOTION TO DISMISS - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 12. Motion CMS Document Id: 22CV0081 182023-05-2599950000 Document Title: 05-25-2023-MOTION FOR LEAVE TO FILE - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 13. Motion CMS Document Id: 22CV0081 182023-05-2599940000 Document Title: 05-25-2023-MOTION - DEFENDANT: JUDITH A. ALLEN - TO REMOVE IMPROPER DOCUMENTS Disposition: MOTION DENIED 14. Motion CMS Document Id: 22CV0081 182023-05-2699980000 Document Title: 05-26-2023-MOTION FOR LEAVE TO FILE - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 15. Motion CMS Document Id: 22CV0081 182023-05-2699970000 Document Title: 05-26-2023-MOTION - DEFENDANT: JUDITH A. ALLEN - TO REMOVE IMPROPER DOCUMENTS Disposition: MOTION DENIED Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 20 10:01 AM-22CV008118 06430 - Q48 16. Motion CMS Document Id: 22CV0081182023-06-0199980000 Document Title: 06-01-2023-OBJECTION TO - PLAINTIFF: SELECT PORTFOLIO SERVICING INC Disposition: MOTION RELEASED TO CLEAR DOCKET 17. Motion CMS Document Id: 22CV0081 182023-06-0199970000 Document Title: 06-01-2023-MOTION TO DISMISS - DEFENDANT: JUDITH A. ALLEN Disposition: MOTION DENIED 18. Motion CMS Document Id: 22CV0081182023-06-0699980000 Document Title: 06-06-2023-OBJECTION TO - PLAINTIFF: SELECT PORTFOLIO SERVICING INC Disposition: MOTION RELEASED TO CLEAR DOCKET