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OURT
2023 0CT 12 PH 37 imo P
10
CLERK GF COURTS ~
IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY, OHIO
*
SAC FINANCE, INC.,
* CASE NO.: CV 2023 0189
Plaintiff[s]
23 (wv 319
-V-
* JUDGMENT ENTRY
SAMUEL NEFF, CHANGE OF VENUE
Defendant|s]
RRR ROKR RRR RRR ROR OR ROKR ROKK
This matter comes on for consideration of the defendant’s motion for change of
venue filed on September 18, 2023. The plaintiff did not respond.
The defendant demonstrated that his address in Hancock County. Plaintiff is
located in Hamilton County This case involves an alleged breach of a lending agreement
apparently for a car purchase from a dealer in Findlay, Ohio. The occurrence that gives
tise to this action happened in Hancock County.
Civ. R. 3(B) provides, in pertinent part:
“Any action may be venued, commenced, and decided in any court in any
county. When applied to county and municipal courts, "county," as used in this
rule, shall be construed, where appropriate, as the territorial limits of those courts.
Proper venue lies in any one or more of the following counties:
(1) The county in which the defendant resides;
(2) The county in which the defendant has his or her principal place of business;
(3) A county in which the defendant conducted activity that gave rise to the claim
for relief;
(4) A county in which a public officer maintains his or her principal office if suit
is brought against the officer in the officer's official capacity;
(5) A county in which the property, or any part of the property, is situated if the
subject of the action is real property or tangible personal property;
(6) The county in which all or part of the claim for relief arose; or, if the claim for
relief arose upon a river, other watercourse, or a road, that is the boundary of the
state, or of two or more counties, in any county bordering on the river,
watercourse, or road, and opposite to the place where the claim for relief arose
[ ]
(11) If there is no available forum in divisions (B)(1) to (B)(10) of this rule, in the
county in which plaintiff resides, has his or her principal place of business, or
regularly and systematically conducts business activity; [...]”
Based on the representations of the defendant that he resides and the facts
occurred in Hanccock County, the Court finds the motion for a change of venue well
taken.
It is therefore ORDERED, ADJUDGED and DECREED that venue in Allen
County, Ohio is improper.
It is further ORDERED that Hancock County, Ohio is the proper venue for this
case.
It is further ORDERED that this case be transferred, pursuant to Civ. R. 3(C), this
case is transferred to Hancock County, Ohio. The Clerk of Courts shall compile the
entire file and transfer it to Hancock County, Ohio.
at
October 3, 2023
He a eoan }ss CERTIFICATE
OF COPY
dite ta sae, of the Courts within and for
aforesaid
County and State, that the
The Clerk of this Court shall forward @ forgoing
is a true and correct of the ori
now
on file in
IN WITNESS WHEREOF, | have here
file stamped copy of this Judgment io a PLEAS unto set my
of sakt
Enuy by regular mail to each attorney
HF
RA 2 >
IN "THE COMMON PLEAS COURT OF ALLEN COUNTY *
2023 0CT 12 PH IF STevi DIVISION
SAC FINANCE INC. Case No. CV 20230189
CLERK OF COURTS — Ki
Plaintiff
Judge Reed
Vs.
Samuel Neff Motion For Change of Venue
/
Now comes the Defendant and hereby moves this Court for an Order Dismissing the Plaintiff’s
Complaint, or in the alternative transferring to the proper County, as it has been filed in the wrong
County. At the time of the alleged transaction, the Defendant resided at 134 County Road 134, Bluffton,
Ohio. Said address is located in Hancock County Ohio and as such the Plaintiff, no the Defendant at no
time during the alleged times put forth in the Plaintiff’s complaint resided in Allen County and as such,
the venue is incorrect. Ohio Rules of Civil Procedure R.3 (C).
Respectfully Submitted,
a
Samuel Neff
Defendant
Certificate of Service
The undersigned hereby certifies that a copy of the above Motion was served by fax and mail this 15
day of September, 2023 upon the Plaintiff's attorney at 4660 Duke Drive Ste 110, Columbus, Ohio 43219
Samuel Neff
Hancock County, OH vith
y, OHIO
HE COCK.G
ii Bo
Summary
Parcel iD 390001014854 2730CT 12 PH 137
Map Number 290906000021000 ae ~
Property Address 134 COUNTY RD 313 " at
Brief Tax Description
BLUFFTON OH 45817
725 ROI SO6 PT NW1/4NW1/4
(Note: “The Description above is not to be used on ley gal docun ents)
CLERK OF COUR TS
Acres 0.782 i
Class R
Land Use 51.1 RESIDENTIAL DWELLING UNPLATTED LAND 0 TO 9.99 ACRES
Market Area '3922R000 ORANGE:CR LSD MIXED USE
Tax District 39 Orange Township - Cory-Rawson LSD
Homestead ‘NO
Note:The farid use code above
is nat the zoning code.
Owners
Malling Address ‘Owner
HOUSH AUSTIN M HOUSH AUSTIN
134 COUNTYRD 313
BLUFFTON OH 45817
Map
Ce
9004 004845
at O44 o04e
0090
00190.
y =
Fo
59ee
ee
Cya
10 “a
Property Record Card
[ere]
Topography/Utilities
Level Topography YES Standard Roads NO
High Topography NO Public Water Utilities NO
Low Topography NO Public Sewer Us ies NO
Rolling Topography NO Public Gas Utilities ‘YES
Standard Topography NO Public Electric Utilities YES
Paved Roads YES Private Water Utilit s YES
Gravel Roads NO Private Sewer Utilities YES
Dirt Roads NO Private Gas Utilities YES
Sidewalks NO Private Electric Utilities YES
Curbs NO Standard Utilities NO.
Comments
Tyee Description
Front of Card 9-10-97 SPLIT FROM 39-90290/1,029AC
Back of Card 16 ADD .25s, ADD C/A & CHG GAR SF FROM 529 TO 690 PER DESKTOP REVIEW
IC
“IN THE COMMON PLEAS COURT OF ALLEN. COUNTY | }
maocti2 PAY 7 CIVIL DIVISION
SAC FINANCE ING. Case No. CV 20230189 © |’
OF couRTS-
Plaintiff
Judge Reed
Vs
Samuel Neff Defendant's Answer
Defendant, _S
Now comes the Defendant and submits the following:
1) Defendant is without knowledge as to the allegation contained in paragraphs 1 and 2 to answer.
2) Defendant is without knowledge as to the allegation contained in paragraphs 3-5 to answer.
3) Defendant is without knowledge as to the allegation contained in paragraphs 6-8 to answer.
Affirmative Defenses
4) Plaintiff has failed to name a Necessary party in Geico Insurance as they have failed to release
funds to the Defendant or Plaintiff
5) Plaintiff has engaged in deceptive lending practices and predatory lending as the value of the
vehicle as determined represented by Geico is 50% below what eh vehicle sold for, most likely
due to defects undetectable at the time of purchase.
6) The Defendant reserves the write to raise other appropriate defenses as the develop.
Respectfully Submitted,
7
Samuel Neff
Defendant
Certificate of Service
fax and mail this as?
The undersigned hereby certifies that a copy of the above Motion was served by
, Ohio 43219
day of September, 2023 upon the Plaintiff's attorney at 4660 Duke Drive Ste 110, Columbus
J
Samuel Neff
f
OR iG
E.
2023 OCT 12 PH 36
“CLERK OF COURTS
IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY, OHIO
*
SAC FINANCE, INC., Case No. CV 2023 0189
Plaintiff[s]
ORDER GRANTING EXTENSION
-v- OF TIME IN WHICH TO RESPOND
SAMUEL NEFF
Defendant{[s]
KHER EEK KERR RHR RE EH
This matter came on for consideration of the defendant’ s motion for an extension, filed on
August 28, 2023. This matter is considered without oral argument. Loc. R. 3.03.
For good cause shown, the motion is granted and the counterclaim plaintiff is given an
extension until September 15, 2023 to answer or otherwise respond to the complaint.
It is so ORDERED.
Date: August 29, 2023
Lizea Lk,
XO a Riky L. Rked, Judge
The Clerk of is Court Shall
ile stam forward a
OF thi S Judgment
Enitry by regu ar Mai
each attomey
(My
m™,
ts QNOWE ‘CGIVIMION PLEAS COURT OF ALLEN COON Cc
PUTS et
i
&S COURT
CIVIL DIVISION 7099 AUG
cues 26 AM 8: & |
SAC FINANCEI
p23 oct iz PH ee Case No. CV 20239489
CBRIDE
Plaintif’” gL ERK Gr COURTS A
Vo
GHIA
Judge Reed
Vs.
Samuel Neff Motion for Extension of Time to File
/
Now comes the Defendant and hereby moves this Court for an extension of time to file an answer to the
Plaintiff’s complaint. Said request is made as the Defendant had moved to Arizona prior to the filing of
this action and just returned last week.
The Defendant believes there are affirmative defenses, as well as other necessary parties who shall be
named. Further, the Defendant intends to request a change of venue as the address where the
complaint was served resides in Hancock County, not Allen and this matter has no connection to Allen
County.
Respectfully Submitted,
LDL
Samuel Neff
Defendant
hou
pe gon ot GERTC
Certificate of Service
The undersigned hereby certifies that a copy of the above Motion was served by fax and mail this 23
day of August, 2023 upon the Plaintiff's attorney at PO Box 498367, Columbus, Ohio 43211
DZ
Samuel Neff
2
OHIO
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FILED
MOM PLEAS COURT
B23-00807-ORMM
us COURT 203 JUL 24 AM 8:41
C
SAC FINANCE, INC CLERK OF COUF JENNIFER Meee
CAS. E NG: CV20230189 CLERK OF COURTS
ALLEN COUNTY, OHIO
PLAINTIFF REED
vs. REQUEST FOR ORDINARY MAIL.
SERVICE UNDER RULE 4.6(C)OR(D)
SAMUEL NEFF
DEFENDANTS
Now comes the attorney for the Plaintiff and hereby represents that Service of Summons
by Certified Mail or Bailiff's Service has been returned "UNCLAIMED" or "REFUSED". Request is
hereby made that the clerk issue Summons by ordinary mail, to the Defendant (s) at the following
address.
SAMUEL NEFF
134 Country Road 313
Bluffton Ohio 45817
Rachel
0076548
Suprem&Cot
J. Blake Thomas
Supreme Court#82821
Mason, Schilling & Mason Co., LPA
Attorneys for Plaintiff
4660 Duke Drive, Suite 110
P.O. Box 498367, Cincinnati, Ohio 45249
Phone (513)489-0829, Fax (513)489-0834
msm@mason-law.com
THIS COMMUNICATION IS FROM A DEBT COLLECTOR
Bog
180, am,
IN THE COMMON PLEAS COURT OF ALLEN COUNTY
“PIMA; OHTON!
228 OCT 12 PM I S@ASE NO. CV 2023 0189
SAC FINANCE INC CLERK OF COURTS :
-VS-
SAMUEL NEFF
NOTICE OF FAILURE OF SERVICE
Attorney to Notify: RACHEL MASON
You are hereby notified of the failure of service upon: SAMUEL NEFF 134
COUNTRY RD 313 BLUFFTON, OH 45817
Date Returned: 7/17/2023
For the Reason: UNCLAIMED UNABLE TO FORWARD
By: CERTIFIED MAIL pursuant to Rule 4 through Rule 4.6 of Ohio Rules of
Civil Procedure.
July 17, 2023
JENNIFER M MCBRIDE, Clerk of Courts
cL Lif Seti
Deputy Clerk
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Preview
OURT 2023 0CT 12 PH 37 imo P 10 CLERK GF COURTS ~ IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY, OHIO * SAC FINANCE, INC., * CASE NO.: CV 2023 0189 Plaintiff[s] 23 (wv 319 -V- * JUDGMENT ENTRY SAMUEL NEFF, CHANGE OF VENUE Defendant|s] RRR ROKR RRR RRR ROR OR ROKR ROKK This matter comes on for consideration of the defendant’s motion for change of venue filed on September 18, 2023. The plaintiff did not respond. The defendant demonstrated that his address in Hancock County. Plaintiff is located in Hamilton County This case involves an alleged breach of a lending agreement apparently for a car purchase from a dealer in Findlay, Ohio. The occurrence that gives tise to this action happened in Hancock County. Civ. R. 3(B) provides, in pertinent part: “Any action may be venued, commenced, and decided in any court in any county. When applied to county and municipal courts, "county," as used in this rule, shall be construed, where appropriate, as the territorial limits of those courts. Proper venue lies in any one or more of the following counties: (1) The county in which the defendant resides; (2) The county in which the defendant has his or her principal place of business; (3) A county in which the defendant conducted activity that gave rise to the claim for relief; (4) A county in which a public officer maintains his or her principal office if suit is brought against the officer in the officer's official capacity; (5) A county in which the property, or any part of the property, is situated if the subject of the action is real property or tangible personal property; (6) The county in which all or part of the claim for relief arose; or, if the claim for relief arose upon a river, other watercourse, or a road, that is the boundary of the state, or of two or more counties, in any county bordering on the river, watercourse, or road, and opposite to the place where the claim for relief arose [ ] (11) If there is no available forum in divisions (B)(1) to (B)(10) of this rule, in the county in which plaintiff resides, has his or her principal place of business, or regularly and systematically conducts business activity; [...]” Based on the representations of the defendant that he resides and the facts occurred in Hanccock County, the Court finds the motion for a change of venue well taken. It is therefore ORDERED, ADJUDGED and DECREED that venue in Allen County, Ohio is improper. It is further ORDERED that Hancock County, Ohio is the proper venue for this case. It is further ORDERED that this case be transferred, pursuant to Civ. R. 3(C), this case is transferred to Hancock County, Ohio. The Clerk of Courts shall compile the entire file and transfer it to Hancock County, Ohio. at October 3, 2023 He a eoan }ss CERTIFICATE OF COPY dite ta sae, of the Courts within and for aforesaid County and State, that the The Clerk of this Court shall forward @ forgoing is a true and correct of the ori now on file in IN WITNESS WHEREOF, | have here file stamped copy of this Judgment io a PLEAS unto set my of sakt Enuy by regular mail to each attorney HF RA 2 > IN "THE COMMON PLEAS COURT OF ALLEN COUNTY * 2023 0CT 12 PH IF STevi DIVISION SAC FINANCE INC. Case No. CV 20230189 CLERK OF COURTS — Ki Plaintiff Judge Reed Vs. Samuel Neff Motion For Change of Venue / Now comes the Defendant and hereby moves this Court for an Order Dismissing the Plaintiff’s Complaint, or in the alternative transferring to the proper County, as it has been filed in the wrong County. At the time of the alleged transaction, the Defendant resided at 134 County Road 134, Bluffton, Ohio. Said address is located in Hancock County Ohio and as such the Plaintiff, no the Defendant at no time during the alleged times put forth in the Plaintiff’s complaint resided in Allen County and as such, the venue is incorrect. Ohio Rules of Civil Procedure R.3 (C). Respectfully Submitted, a Samuel Neff Defendant Certificate of Service The undersigned hereby certifies that a copy of the above Motion was served by fax and mail this 15 day of September, 2023 upon the Plaintiff's attorney at 4660 Duke Drive Ste 110, Columbus, Ohio 43219 Samuel Neff Hancock County, OH vith y, OHIO HE COCK.G ii Bo Summary Parcel iD 390001014854 2730CT 12 PH 137 Map Number 290906000021000 ae ~ Property Address 134 COUNTY RD 313 " at Brief Tax Description BLUFFTON OH 45817 725 ROI SO6 PT NW1/4NW1/4 (Note: “The Description above is not to be used on ley gal docun ents) CLERK OF COUR TS Acres 0.782 i Class R Land Use 51.1 RESIDENTIAL DWELLING UNPLATTED LAND 0 TO 9.99 ACRES Market Area '3922R000 ORANGE:CR LSD MIXED USE Tax District 39 Orange Township - Cory-Rawson LSD Homestead ‘NO Note:The farid use code above is nat the zoning code. Owners Malling Address ‘Owner HOUSH AUSTIN M HOUSH AUSTIN 134 COUNTYRD 313 BLUFFTON OH 45817 Map Ce 9004 004845 at O44 o04e 0090 00190. y = Fo 59ee ee Cya 10 “a Property Record Card [ere] Topography/Utilities Level Topography YES Standard Roads NO High Topography NO Public Water Utilities NO Low Topography NO Public Sewer Us ies NO Rolling Topography NO Public Gas Utilities ‘YES Standard Topography NO Public Electric Utilities YES Paved Roads YES Private Water Utilit s YES Gravel Roads NO Private Sewer Utilities YES Dirt Roads NO Private Gas Utilities YES Sidewalks NO Private Electric Utilities YES Curbs NO Standard Utilities NO. Comments Tyee Description Front of Card 9-10-97 SPLIT FROM 39-90290/1,029AC Back of Card 16 ADD .25s, ADD C/A & CHG GAR SF FROM 529 TO 690 PER DESKTOP REVIEW IC “IN THE COMMON PLEAS COURT OF ALLEN. COUNTY | } maocti2 PAY 7 CIVIL DIVISION SAC FINANCE ING. Case No. CV 20230189 © |’ OF couRTS- Plaintiff Judge Reed Vs Samuel Neff Defendant's Answer Defendant, _S Now comes the Defendant and submits the following: 1) Defendant is without knowledge as to the allegation contained in paragraphs 1 and 2 to answer. 2) Defendant is without knowledge as to the allegation contained in paragraphs 3-5 to answer. 3) Defendant is without knowledge as to the allegation contained in paragraphs 6-8 to answer. Affirmative Defenses 4) Plaintiff has failed to name a Necessary party in Geico Insurance as they have failed to release funds to the Defendant or Plaintiff 5) Plaintiff has engaged in deceptive lending practices and predatory lending as the value of the vehicle as determined represented by Geico is 50% below what eh vehicle sold for, most likely due to defects undetectable at the time of purchase. 6) The Defendant reserves the write to raise other appropriate defenses as the develop. Respectfully Submitted, 7 Samuel Neff Defendant Certificate of Service fax and mail this as? The undersigned hereby certifies that a copy of the above Motion was served by , Ohio 43219 day of September, 2023 upon the Plaintiff's attorney at 4660 Duke Drive Ste 110, Columbus J Samuel Neff f OR iG E. 2023 OCT 12 PH 36 “CLERK OF COURTS IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY, OHIO * SAC FINANCE, INC., Case No. CV 2023 0189 Plaintiff[s] ORDER GRANTING EXTENSION -v- OF TIME IN WHICH TO RESPOND SAMUEL NEFF Defendant{[s] KHER EEK KERR RHR RE EH This matter came on for consideration of the defendant’ s motion for an extension, filed on August 28, 2023. This matter is considered without oral argument. Loc. R. 3.03. For good cause shown, the motion is granted and the counterclaim plaintiff is given an extension until September 15, 2023 to answer or otherwise respond to the complaint. It is so ORDERED. Date: August 29, 2023 Lizea Lk, XO a Riky L. Rked, Judge The Clerk of is Court Shall ile stam forward a OF thi S Judgment Enitry by regu ar Mai each attomey (My m™, ts QNOWE ‘CGIVIMION PLEAS COURT OF ALLEN COON Cc PUTS et i &S COURT CIVIL DIVISION 7099 AUG cues 26 AM 8: & | SAC FINANCEI p23 oct iz PH ee Case No. CV 20239489 CBRIDE Plaintif’” gL ERK Gr COURTS A Vo GHIA Judge Reed Vs. Samuel Neff Motion for Extension of Time to File / Now comes the Defendant and hereby moves this Court for an extension of time to file an answer to the Plaintiff’s complaint. Said request is made as the Defendant had moved to Arizona prior to the filing of this action and just returned last week. The Defendant believes there are affirmative defenses, as well as other necessary parties who shall be named. Further, the Defendant intends to request a change of venue as the address where the complaint was served resides in Hancock County, not Allen and this matter has no connection to Allen County. Respectfully Submitted, LDL Samuel Neff Defendant hou pe gon ot GERTC Certificate of Service The undersigned hereby certifies that a copy of the above Motion was served by fax and mail this 23 day of August, 2023 upon the Plaintiff's attorney at PO Box 498367, Columbus, Ohio 43211 DZ Samuel Neff 2 OHIO HANCOCK COURT a S00 38 qagoct 12 PHF Pee UR £2 OB SUL 27 PHIT 26 Shee WILCCA AEuy ee &F LER, BLEAK OF COUR e eh <. ebb Sialitey, Ou Se Bec ga OK \\\ ve 2 Sites! * lee Be $i yar Ba peephy peukig nhipy 52 Be ie 5 i gs abacia Guuppen ie 38 OTHEA LEONG O9€ JBAD PUR pol ays ay QsE Eos a & es ese ly 24 | ul ui co UTAH Ai 2 ooo Ss a8 af Bs N 3S BS i i i il ga Sonogoups B < = iN SE QS 2|s x2 86 88 awog Res as [6 |+ js |s jn | a may FILED MOM PLEAS COURT B23-00807-ORMM us COURT 203 JUL 24 AM 8:41 C SAC FINANCE, INC CLERK OF COUF JENNIFER Meee CAS. E NG: CV20230189 CLERK OF COURTS ALLEN COUNTY, OHIO PLAINTIFF REED vs. REQUEST FOR ORDINARY MAIL. SERVICE UNDER RULE 4.6(C)OR(D) SAMUEL NEFF DEFENDANTS Now comes the attorney for the Plaintiff and hereby represents that Service of Summons by Certified Mail or Bailiff's Service has been returned "UNCLAIMED" or "REFUSED". Request is hereby made that the clerk issue Summons by ordinary mail, to the Defendant (s) at the following address. SAMUEL NEFF 134 Country Road 313 Bluffton Ohio 45817 Rachel 0076548 Suprem&Cot J. Blake Thomas Supreme Court#82821 Mason, Schilling & Mason Co., LPA Attorneys for Plaintiff 4660 Duke Drive, Suite 110 P.O. Box 498367, Cincinnati, Ohio 45249 Phone (513)489-0829, Fax (513)489-0834 msm@mason-law.com THIS COMMUNICATION IS FROM A DEBT COLLECTOR Bog 180, am, IN THE COMMON PLEAS COURT OF ALLEN COUNTY “PIMA; OHTON! 228 OCT 12 PM I S@ASE NO. CV 2023 0189 SAC FINANCE INC CLERK OF COURTS : -VS- SAMUEL NEFF NOTICE OF FAILURE OF SERVICE Attorney to Notify: RACHEL MASON You are hereby notified of the failure of service upon: SAMUEL NEFF 134 COUNTRY RD 313 BLUFFTON, OH 45817 Date Returned: 7/17/2023 For the Reason: UNCLAIMED UNABLE TO FORWARD By: CERTIFIED MAIL pursuant to Rule 4 through Rule 4.6 of Ohio Rules of Civil Procedure. July 17, 2023 JENNIFER M MCBRIDE, Clerk of Courts cL Lif Seti Deputy Clerk evfail pane oaeS BaeBEaSOIN E oeeee ee ae aes OE BES eS aoeBs RSoe sea ->a oF- a eS i L 8 S —- S | oe SSS oo ~ £2 ee LS S ye BS a o aSS 8 a o 2 . cS -SS -oe S S . a a Oo} ce- 2o e oS - S S ye w oSS . S S oS SoS - S ao aS. oe SSoe a SS oy -2 i Se SS a = S - i LO aK ge , S2 S2 a oo. - : a 2 S - a:- - .8oe S COURT .. 2S comty: : SS 2 2. : - S SS PLEA SS 3 G oS o 2 a aSS a S Ss S 2 a 2- - a SS So aa a . 2 S was oe 2 a MM & uo ae a o . 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