IN THE SUPREME COURT OF OHIO

Delbert G. Stewart65 Johnson RoadKent, Ohio 44240

RELATOR

V.

Judge Cynthia Westcott RiceEleventh District Court of Appeals111 High Street, NEWarren, Ohio 44481

RESPONDENT

Case No. 09-0053** (Original Action Quo Warranto)

Objection to Pamela HolderMerged with Affidavit

****

RELATOR'S OBJECTION TO ASSISTANT PROSECUTOR PAMELA

HOLDER merged as an AFFIDAVIT FOR LACK OF STANDING

Delbert G. Stewart (Pro Se)65 Johnson RoadKent, Ohio 44240330-677-4484 voice330-676-9923 faxdelbertstewart@ sbcglobal.net

RELATOR Delbert G. Stewart PRO SE

Judge Cynthia Westcott RiceEleventh District Court of Appeals111 I3igh Street, NEWarren, Ohio 44481RESPONDENT

R^r^nOLE;RK OF (;UOR7

SUPREME COURT OF U

1

TABLE OF CONTENTS

Objection in Af£davit Form ............................................page 3

Conclusion and demands ................................................page 11

Evidence of "Claim.................................................. after page 12

2

OBJECTION and MERGED AFFIDAVIT

I am Delbert G. Stewart, a"citizen" of the United States, and a"resident" of the

State of Ohio exercising my "right" for a"full redress" of my grievances before this

Supreme Court of Ohio and do hereby submit this "objection" merged with my

"affidavit".

1. Pamela Holder has "no standing" before this Supreme Court in case #09-0053 as

it relates to the "actions" of Judge Cynthia Westcott Rice, a "State" office holder, and

therefore a "State Actor".

2. Pamela Holder is not a "State Official" or "Employee" of the Ohio Attorney

General's Office; of which has "sole" duty, responsibility, and obligation to "defend"

State Officials and/or "Actors", (Judge Rice); Pamela Holder is the Assistant Prosecutor

and has knowingly permitted members of her office, (Leigh Prugh) "to cover up" the use

of "sham legal processes" that I personally notified them of numerous times in the past.

3. I, Delbert G. Stewart, am a life long citizen of Portage County, a former police

officer in that county, and have witnessed and experienced the "consequences" of corrupt

activity being "engaged" within the Court system of Portage County.

4. Pamela Holder is "exceeding her jurisdiction", and/or, in the alternative, is

ignorant of her "contracted" duties and obligations limited to Portage County for the

expressed purpose to "shut me up", and let Randal Lowry, Doris Stewart, Joseph Giulitto,

Jerry Hayes and Judith Nicely "walk" for their "offenses against justice and public

Administration".

3

5. Judge Cynthia Westcott Rice has an obligation and duty to "answer' my

"question" raised in this instant case #09-0053; "by what authority or warrant do you

write "false statements" that are "fraudulent" and a direct act of "fraud", as defmed in

"Black's Law Dictionary" as follows:

"An intentional perversion of truth for the purpose of inducing another in reliance

upon it to part with some valuable thing belonging to him, or to surrender a legal right. "

"A false representation of a matter offact, whether by words or by conduct, by false or

misleading allegations, or by concealment of that which should have been disclosed,

which deceives and is intended to deceive another so that he shall act upon it to his legal

injury.

6. Judge Cynthia Westcott Rice has an obligation and duty to "meet my demands"

"plead" in my appeal #08PA0068 which are "writs of mandamus" and "prohibito"; not

make "false statements" and dismiss my appeal that in effect denies my right to expose

"corrupt activity" as I exercise my right to prosecute provisions of ORC2923.34 (B) as it

relates to "corrupt activity", a violation of ORC2923.32, as I have alleged has occurred in

07CV0681, the cause for appeal #08PA0068.

7. I personally know that in Portage County, "sham legal processes" are being issued

on a regular basis and filed with the Clerk of Courts by the "criminal element" within the

Portage County Bar Association and "elsewhere". These "shams", as plead in

07CV0681, were used to facilitate "theft offenses" of my stolen money including the sale

and/or transfer of "securities" to other persons residing within "other jurisdictions"

because I refused to pay the "extortion" & "bribery" money.

4

8. It is an "obstruction of justice", by Pamela Holder, to unconstitutionally, (and

therefore unlawfnlly), move this Court "to dismiss" "my question" to Judge Cynthia

Westcott Rice; "by what authority do you, Judge Cynthia Westcott Rice, without a

quorum, make false statements, in your opinion and consequential "unlawful order"

deny my right to expose "corrupt activity" within the jurisdiction of Portage County?

I have alleged in 07CV0681 that "the Courts ", and their reputations, are being

used to 'facilitate theft offenses " and other acts within Chapter 2921

including "The organized Critne Control Act ", by what authority do you "make false

statements" in my appeal to "your court" that I have been statutorily and

constitutionally had my "rights interfered with" by Judge John Enlow in violation of

Civil Rule 82, and have a right to bring tlae "civil action"to a jury!!

9. The provisions of the 1970 Organized Control Act "recognized" that "public

officials", as defined in ORC2921.01, specifically include Judges, Legislators, and Law

Enforcement Officers. It was also recognized in 1970 that "members" of Corrupt

Organizations were becoming "more skilled" in their actions "to deceive", "intimidate",

and "threaten" Judges into "actions" in which "sham legal processes" including

"writings secured by deception" could be used to facilitate theft offenses specifically

when they were `5ournaled"; therefore, the "liability and culpability" for "using a sham

legal process" would then be transferred to "the client" and his/her "attorney". I am in

this legal predicament because I refuse to pay extortion and bribery money to

Joseph Giulitto and then Randal Lowry after Giulitto was "terminated".

5

10. In my case #01DR0664,.the "criminal element" of 3 legal professionals violating

the Code of Conduct and operating within that case did "connive", deceive, and then

attempt to "coerce" this litigant, whom was merely seeking to exercise the "lawful use"

of the Domestic Relations Court; "sitting in private capacity" for a divorce agreement.

I gave up my life savings to save my marriage to a very, very slxeedy woman"

that was specifically "read into the record" and was competently testified in "the

affirmative" by Doris and Delbert Stewart to prevent "the farther extortion" of "legal

fees", however; after the testimony of both litigants testifying that a divorce was in the

common interest of both parties and should be granted, the two lawyers & Judge

"unlawfully" held a "Kangaroo Court" with a "willing "Common Pleas Judge" sitting in

that `^rivate canacity", specifically barred by the Code of Judicial Conduct from

participating in any judicial proceedings that simulated "a trial "; however, his presence

was specifically needed for purpose of "deception" and to gain the issuance of "sham

legal processes" that purported to be the lawful "findings" of an "open court".

10. Randal Lowry was directed to prepare a "divorce decree", and also a "separation

agreement" as was testified and qualified by the actual parties and "read into the record",

however, on July 23, 2003, Randal Lowry presented a divorce decree merged with a

"fraudulent" separation agreement that created obligations and transfer of private

property and "securities" that was not in the agreement "as read into the record" on

November 12, 2002.

6

On July 23`d, 2003, Randal Lowry "deceived" Judge Jerry Hayes; attempted to

deceive Delbert Stewart; and then also "originally" deceived his own client, Doris

Stewart to believe that the Journal entry DRJR049 pg 0409 to 0425 was a "bona-fide"

agreement of the parties. I told Doris Stewart from the beginning that she was in

possession of a forgery, a fraud, and a "sham legal process"; however, she, and Randal

Lowry continued to "deceive" Ohio Child Support Payment Central and the Portage

County CSEA into issuing "their own" sham legal processes so as to receive stolen

money stolen from D.G. Stewart Roofing & Construction Ltd. I have the cancelled

checks that were specifically signed and labeled "under duress" in the "signature blank"

on the checks.

11. I unsuccessfully "appealed" a "private capacity" sham legal process in 2003

(03PA094 & 0122) and then appealed to this Court #05-0455 in which this court denied

my appeal as it recognized DRJR049 pg 0409 to 0425 was a"sham legal process" or

"unlawful order". I demanded.in the l la' District Court of Appeals 03PA094 & 0122

that "the legal professionals" involved in the "sting" or "sham" to pay for their

"statements of counsel" and their "fraud".

12. Despite my warnings to Randal Lowry and Doris Stewart, after the initial

"securities theft", from McDonald Investments in July of 2003, they continued "their

scheme" to further commit "theft offenses" with their "sham legal process" DRJR049 pg

0409 to 0425 by "using Article 16 "Spousal Support" of her "Sham Legal Process".

My former Attorney, Joseph Giulitto, (nka Judge Joseph Giulitto), used retired judge

Judith Nicely operating without the required "contract" required by the Supreme Court of

7

Ohio and ORC2701.10 to assist Doris Stewart in her "continued theft offenses" by sham

legal process DRJR049 pg 0409 to 0425

13. On January 3, 2007 an "unlawful" bench warrant is issued by Judith Nicely for

"the attachment" of Delbert G. Stewart for "failure to appear" before "her unlawful

court".

14. On January 16, 2007, and in "fear for my life" and "safety" I surrendered under

duress by an "unlawful warrant" issued by private citizen Judith Nicely and was "forced"

to surrender $58,126.14 or be incarcerated by an "unlawful use of the retired judge

statute" "stealing by deception and "threat" for "the benefit" of Doris Stewart.

15. On April 24, 2007, Ronald Clum, by and for Doris Stewart, files a

"falsification" "Motion in Contempt" of DRJR 0049 pgs 0409 thru 0425 a"sham legal

process" for another amount of $20,750.00 so that Judith Nicely can "steal securities"

that must be first sold.

16. On June 6, 2007 Ronald Clum, for Doris Stewart, files another "sham legal

process" for "non-compliance" of DRJR 0049 pgs 0409 thru 0425 to be held before

Judith Nicely without the required "Contractual" "Supreme Court Forms".

17. On February 5, 2008, Doris Stewart returned to the Portage County Domestic

Relations Court and Judith Nicely "unlawful restrained and incarcerated" me until I

sold stocks and securities in the amount of $20,750.00. Judith Nicely, "sitting by

sham certificate" issued by Brian Farrington, and by using a "sham legal process"

DRJR 0049 pg 0409 thru 0425.

8

18. It is profitable for "the criminal element of Attorneys" within a County Bar

Association "to use sham legal processes" to facilitate "fraud" against their own

clients and the "other parties" in any legal proceeding. If that "criminal element" of

the "Bar Association" has a "member" elected by the residents of that County to be a

Judge, then the "theft offenses by sham legal process" become much easier and more

difficult to prosecute. A willing Judge, sitting in private capacity, need only "abuse

his discretion".

19. The Portage County Government is an "oligarchy". An "oligarchy" that has all its

"affairs" controlled only by "Judges" and the "Prosecutor"; they and they alone

determine the "sufficiency" and "weight of evidence" to pursue "criminal actions", and

all "civil actions"; actions that do not include "malpractice" for Judges and Lawyers that

"knowingly and willingly create" and then "use sham legal processes" to facilitate "theft

offenses"; therefore, "tyranny and oppression" is alive and well in Portage County, Ohio,

and extortion is the income source for the Attorneys and Judges.

20. 'I'he State of Ohio Courts have consistently held that the "State Courts" cannot

determine "the weight and/or the sufficiency of evidence", therefore, only the "County

Prosecutor" deternunes "whom" and "what" will be prosecuted which is why Pamela

Holder is "unlawfully" representing Cynthia Westcott Rice.

21. ORC2923.34 (B) and a "jury" is the only Statute available to the Citizenry to

"stem the tide" of "corrupt activity" being used to facilitate theft offenses that includes,

but not limited to, the "misuse and abuse" of the retired judge statute (2701.10); the

Code of Judicial Conduct, as it relates to "private capacity"; and then "offenses against

9

justice and the public administration" of the Portage County Domestic Relations

Court, and the Portage County Common Pleas Court.

22. It does appear that Lawyers and Judges within Portage County and the State of

Ohio have placed themselves above the law; readily "ignore" the "rule of law" including,

but not limited to; rules of court; rules of superintendence; and the Codes of Judicial and

Professional Conduct. Justice does not exist in Portage County only extortion, tyranny,

and oppression, and "malicious prosecution".

23. It is a crime in the State of Ohio to violate ORC2921.13 (A)(13), (falsifications);

by what authority does Judge Cynthia Westcott Rice make "false statements" and

"ORC2921.45); "interfering with rights" to deny me a full redress of my grievances to a

jm'l'fl

24. "The record", in case #01DR0664, and the numerous other "cases" filed in my

name as "PlaintifP' prove the "blackmail", the "fraud", the "sham legal processes", and

most importantly the "misuse and abuse" of the law and the "legal process" that "creates"

and perpetuate "legal predicaments", by "using sham legal processes", journaled and/or

filed with the Clerk of Courts for the benefit of the "Criminal Element" of Attorneys to

extort "legal fees" for profit. Sham legal processes have only 1 purpose...... theft"

25. "Tyranny and Oppression" is defined the United States Code as "the misuse and

abuse of the law and the legal process"; the State of Ohio Legislature and Judiciary

within the County's are the "pay to play" extortion game and the "target" of the 1970

Organized Crime Control Act.

10

26. The "theft of assets" including "Securities" on account with the "Investment

Institutions" of McDonald Investments and UBS by Doris Stewart and Randal Lowry has

caused the "impending demise" of an Ohio Corporation named "D.G. Stewart Roofing &

Construction Ltd" that includes, but not limited to, "securities" set aside and on account

with McDonald Investments and UBS for "pension benefits" and "daily operations" of

that "commercial enterprise", which is a "Federal Offense"; however, I have always

desired to "prove" the "pattem of corrupt activity" in Portage County Courts, not the

United States District Courts.

THEREFORE

1. The Ohio Supreme Court shall "deny" Assistant Prosecutor Pamela Holder

her motion for "lack of standing".

2. The Ohio Supreme Court shall issue a writ of mandamus or "alternate writ" to

Judge Cynthia Westcott Rice to "reconsider" her opinion and "re-evaluate"

the record and "the facts" as to the "timeliness" and location of a"fmal

appealable order" and "grant relief" from the "dismissal" pursuant to Civil

Rule 60 A or B., and then "grant remedy" demanded by Delbert G. Stewart

and have a "concurrence" and "signature" of another 11`h District Court of

Appeals Judge that meets the definition of a "quorum"; or in the alternative,

3. The Ohio Supreme Court shall issue a "writ of mandamus" to the Portage

County Common Pleas Court and Judge John Enlow to "reopen" case

#07CV0681 and proceed forward with a trial by jury pursuant to the

statutory rights and guarantees of ORC2923.34(B).

SIGNATURE PAGE TO FOLLOW

11

Under penalties of perjury, I declare, swear, and/or affirm that the aforementioned

Objection Affidavit of Facts accompanied with my current demands are true and

accurate as best I can.

Date

SARA NOLANNotary Public, State of Ohio

My Commission Expires Feb. 7,2013

Delbeft G. Stewart65 Johnson RoadKent, Ohio 44240330-676-9923 fax330-677-4484 voice

Sworn to, or affnmed, and subscribed in my presence this day of2009

Notary Public

My Commission Expires: 2 7 ZO 13

CERTIFICATE OF SERVICE

I, Delbert G. Stewart hereby swear and/or affirm that a true and accurate copy of this

"Objection" and "merged affidavit were sent to

1. Pamela Holder at the Portage County Prosecutor's Office in Portage County, Ohio.

2. Judge Cynthia Westcott Rice at the 11`h District Court of Appeals.

3. The Ohio Attomey General's Office.

Date Delbert G. Stewart

12

IN THE COURT OF COMMON PLEASPORTAGE COUNTY, OHIO

(^OURT OF COMMON PLEAS

JUL 01.2008

LIMpp^aF E ^NN^oH^

c K'

DELBERT STEWART, ) CASE NO. 2007 CV 0681)

Plaintiff, ))

V. ) JUDGE JOHN A. ENLOW))

RANDAL A. LOWRY, et al., ) ORDER AND JOURNAL ENTRY)

Defendants.***

This matter is before the Court upon Plaintiff's motion filedMay 16, 2008, to reconsider the grant of summary judgment to thevarious defending parties.

Upon review and consideration of the motion and pleadingsfiled herein, the Court concludes that Plaintiff's motion is notwell taken.

IT IS THEREFORE ORDERED that Plaintiff's motion filed May 16,2008, to reconsider the grant of summary judgment to the variousdefending parties be and hereby is denied.

,o.IT IS FURTHER ORDERED that as this judgment will affect a

substantial right of Plaintiff and Defendants, the Court determinesthat this is a final appealable order and there is no just reasonfor delay of this entry of judgment.

The Clerk is directed to serve upon all parties notice of thisjudgment and its date of entry upon the journal in accordance withCiv. R. 58(B).

SO ORDERED.

JOFT23- -X-NLOWJUDGE/COURT OF COMMON PLEAS

ccc Delbert Stewart, PlaintifKenneth L. Gibson, Atto ey for Lowry and FirmLeigh S. Prugh, Attorne^r for Judge Nicely and Domestic CourtKimberly Vanover Riley, Attorney for Judge NicelyDoris M. Stewart, DefendantRonald J. Clum, Defendant

o ei v0001.Y1MC,7C

FILEDCOURT OF COMMON PLEAS

MAR 112008IN THE COURT OF COMMON PLEAS LINDA K. FANKHAUSER, CLERK

PORTAGE COUNTY, OHIO PORTAGE COUNTY, 0HI0

DELBERT STEWART, ) CASE NO. 2007 CV 0681

Plaintiff,

v. ) JUDGE JOHN A. ENLOW

RANDAL A. LOWRY, et al., ) ORDER AND JOURNAL ENTRY

Defendants.***

This matter is before the Court upon motion of Defendants

Randal A. Lowry and Weick, Gibson & Lowry, nka Gibson & Lowry

("Defendants"), for summary judgment on the claims of Plaintiff

Delbert Stewart ("Plaintiff"). Plaintiff filed no response.

At this stage of the proceedings, the granting of judgment is

only proper where no genuine issue of material fact remains for

determination, the evidence being construed most strongly in favor

of the defending party. Civ.R. 56(C); Temple v. Wean United, Inc.

(1977), 50 Ohio St. 2d 317, 327. Initially, the movant has the

burden of demonstrating to the court that there is no genuine issue

of material fact. "To accomplish this, the movant must be able to

point to evidentiary materials of the type listed in Civ.R. 56(C)

that a court is to consider in rendering summary judgment. ***

If the moving party fails to satisfy its initial burden, the motion

for summary judgment must be denied." Dresher v. Burt (1996), 75

Ohio St.3d 280, 292-293. After the movant has met that burden, the

defending party cannot rest on his pleadings, but must produce some

credible evidence on those issues upon which he bears the burden of

1

proof at trial. Wing v. Anchor Media, Ltd. of Texas (1991), 59

Ohio St.3d 108, at syll. 3.

Upon review and consideration of the motion, pleadings, and

affidavit filed herein, and construing the evidence most strongly

in favor of Plaintiff, the Court finds that there exists no genuine

issue of material fact, and that Defendants are entitled to

judgment as a matter of law.

IT IS THEREFORE ORDERED that motion of Defendants Randal A.

Lowry and Weick, Gibson & Lowry, nka Gibson & Lowry for summary

judgment on Plaintiff's claims be and hereby is granted, and

Defendants are hereby granted judgment on Plaintiff's claims, and

Plaintiff take nothing of these Defendants.

SO ORDERED.

cc: Delbert Stewart, PlaintiffKenneth L. Gibson, Attorney for Lowry and FirmRonald J. Clum, Defendant

2

IN THE COURT OF COMMON PLEASPORTAGE COUNTY, OHIO

DELBERT STEWART,

Plaintiff,

V.

FILEDPORTAGECOUNT/COMMONPLEAS

MAR 2 8 2008

LINDA K. FANKHAU9ER, CLERK--RAVENNA OH_.

CASE NO. 2007 CV 0681

JUDGE JOHN A. ENLOW

RANDAL A. LOWRY, et al., ) ORDER AND JOURNAL ENTRY

Defendants.***

This matter is before the Court upon Plaintiff's motion under

Civil Rule 60(3).

Upon review and consideration of the motion and pleadings

filed herein, the Court concludes that Plaintiff's motion is not

well taken.

IT IS THEREFORE ORDERED that Plaintiff's motion under Civil

Rule 60(B) be and hereby is denied.

SO ORDERED.

JOHN A/ ENLOWJUDGP(, COURT OF COMMON PLEAS

cc: Delbert Stewart, PlaintiffKenneth L. Gibson, Attorney for Lowry and FirmRonald J. Clum, Defendant

PULLIN THE COURT OF COMMON PLEASDOMESTIC RELATIONS DIVISION

PORTAGE COUNTY, OHIO

DELBERT G. STEWART65 Johnson Rd.Kent OH 44240SSN:DOB: ^

c0ufi7 OF C%AMON RE;S

'JUL 2 3 2003.^^•..,... _^ ^_^r. ni rr.., .^.^: i.. .. __ ._ _.

CASE NO: 01 DR 00664

JUDGE HAYES

JUDGMENT ENTRYPlaintiff * DECREE OF DIVORCE

vs.

DORIS M. STEWART4457 Oxbridge LaneStow OH 44224SSN: ^DOB:

Defendant *

This matter came on for trial on the 12th day November, 2002, upon the

Complaint of the Plaintiff, Delbert G. Stewart, and it appearing to the Court that

Defendant, Doris M. Stewart, has answered Plaintiff s Complaint and filed her

Answer and Counterclaim thereto.

Upon testimony of the parties, the court finds that the parties have been

residents of the State of Ohio for more than six months and Portage County for

more than 90 days immediately preceding the filing of the complaint and

counterclaim for divorce; that the Plaintiff and Defendant were married on the

13th day of September, 1991, at Las Vegas, Nevada, and that no children have

been born as issue of said marriage.

1

DRJR O 0 4 9 PA6c0 4 0'9

The court finds that the court has jurisdiction over the subject matter and

the parties of this action.

The court further finds upon testimony in open court that the parties have

grounds for divorce from one another, said grounds being that the parties are

incompatible.

The court further finds that the parties stipulated their Agreement on the

record.

The Court further finds that the parties filed Motions relative to this

Court's interpretation of a reduction in the fair market value of Plaintiff, Delbert

G. Stewart's, interest in D.G. Stewart Roofing Company.

Plaintiff, Delbert G. Stewart, requests this court to reduce the value of DG

Stewart Roofing Company by the amount of the SEP contribution in the

approximate amount of $13,704.

Plaintiff, Delbert G. Stewart, further requests this court to adjust the value

of DG Stewart Roofmg Company by reason of the payment of 2001 tax liabilities

which were payable in the year 2002.

The Plaintiff, Delbert G. Stewart, his legal counsel, and financial expert,

Defendant, Doris Stewart, her legal counsel and her financial expert were all

present at the hearing. With the consent of both parties and their legal counsel,

both experts submitted further documentation to this court.

2

DRJR0Q19 PAGE^

Based upon the dictated settlement agreement, the testimony of the parties,

statements of counsel, statements of the expert witness, this court makes the

following Order:

IT IS ORDERED, ADJUDGED AND DECREED that the stipulated value

of DG Stewart Roofmg Company of $230,987.00 shall be reduced by the total

SEP contribution of $13,704.00 (each party's share - $6,852.00) or to the sum of

$217,283.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the

value of DG Stewart Roofing Company shall not be reduced by reason of the

2001 tax liabilities for taxes paid out of 2002 income.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the

stipulated settlement agreement dated November 12, 2002, and the spousal

support award (Court's Finding dated January 29, 2003) are hereby made an

Order of this Court as follows:

1. SEPARATION

It shall be lawful for each party at all times to live separate and apart from

the other party at such place or places that he or she from time to time chooses or

deems fit.

2. NO INTERFERENCE

Each party to this agreement shall be free from interference, authority,

control, direct or indirect by the other party as if he or she were single. Neither

party shall molest the other or compel the other party to cohabitate or dwell with

him or her.

3

DRJR©0 4 9 PAGE 0 4 ^^

3. RETIREMENT ACCOUNTS

Husband is the owner of the following retirement accounts with the

following approximate balances as of September 30, 2002:

a. Putnam SEP IRA in the approximate amount of $95,465;

b. Putnam IRA in the approximate amount of $1,269.

Wife is the owner of the following retirement accounts with the following

approximate balances as of September 30, 2002:

a. Oppenheimer IRA in the approximate amount of $17,802;

b. Putnam IRA inthe approximate amount of $131.

Husband's and Wife's individual retirement accounts shall be updated as of

the date of the transfer and each account shall be divided equally by appropriate

Domestic Relations Order. Such transfers shall be institution to institution

transfers with each party receiving an equivalent tax basis. Said transfers shall be

nontaxable to both parties. In this regard, each party shall execute any and all

documents necessary to effectuate the transfer contained herein.

4

DRJR0049PAGE 0 412

The Portage County Domestic Relations Court shall retain jurisdiction over

Husband, Wife, and the Retirement Plans for purposes of entering Domestic Relations

Orders dividing the aforementioned Retirement Plans as provided in this agreement.

The reservation of jurisdiction shall for the purposes of entering the Domestic Relations

Orders and shall not be for purposes of revising or in any manner altering the provisions

of this agreement as it applies to the division of the retirement rights described in this

Article.

4. PERSONAL EFFECTS AND POSSESSIONS

Each of the parties hereto will retain as his or her sole property all personal

possessions consisting of clothing, jewelry, tools and personal belongings and effects

which each of them now own, whether purchased or received by way of gift, except as

provided elsewhere. In addition, Wife shall be entitled to obtain those items of

furniture/fiu-nishings/personal effects and possession which are currently in Husband's

possession as more fully set forth on Exhibit A.

5. HOUSEHOLD FURNITURE

The parties have already equitably divided all household finniture, furnishings,

appliances, linens, silverware, china, glassware, and the like, and it is agreed that each

party shall retain as his or her sole property, free and clear of any claim of the other, all

household furniture and furnishings which are presently in his or her possession. In

addition, Wife shall be entitled to obtain those items of furniture/fumishings/personal

effects and possession which are currently in Husband's possession as more fully set

forth on Exhibit A.

5

DRJR®049 PAGE04g3

6. AUTOMOBILES

The Wife shall retain a s her property, free and clear of any claim of Husband, a

certain 2002 Chevrolet Tracker leased in Wife's name. In this regard, Wife agrees to

assume, be solely responsible for, and pay in a timely manner the outstanding lease on

said automobile and indemnify and hold Husband absolutely harmless thereon.

The Husband shall retain as his property, free and clear of any claim of Wife, a

certain Harley Davidson motorcycle titled in Husband's name. In this regard, Husband

agrees to assume, be solely responsible for, and pay in a timely manner any outstanding

indebtedness associated with said motorcycle and indemnify and hold Wife absolutely

harmless thereon.

The unexpired portion of the automobile insurance shall remain in full force and

effect. Thereafter, each party shall be responsible for his or her own automobile

insurance.

7. REAL PROPERTY

Husband and Wife are the owners of a certain piece of real property and the

dwelling thereon known as 65 Johnson Road, Kent, OH 44240, hereinafter referred to

as "marital residence." Immediately upon Husband refinancing the outstanding

mortgage balance in his name only, Wife agrees to quit claim all her right, title and

interest in said real property to Husband. Husband agrees to assume, be solely

responsible for, and pay in a timely manner the outstanding mortgage balance on said

real property through Chase in the approximate amount of $69,000 and indemnify and

hold Wife harmless thereon, and further assume, be solely responsible for, and pay in a

timely manner the homeowner's insurance, real estate taxes, maintenance, repairs,

6

ORJR00I9pQGc0 4 e.4

utilities and all matters outstanding as of the date of transfer of the deed, and indemnify

and hold Wife absolutely harmless thereon. Husband shall refinance the outstanding

mortgage on the marital residence into his name alone within 60 days of the date of the

execution of this agreement. The fees charged for purposes of Husband refinancing the

current balance of the current outstanding mortgage shall be divided equally between

Husband and Wife. In the event Husband should refinance the property for more than

the existing loan balance, Husband shall be responsible for any fees associated

therewith.

Husband shall obtain an y and all necessary documents from Chase Mortgage

and submit the same.io Wife for execution.

8. BANK ACCOUNTS

Each party shall retain as his or her sole property any savings or checking

account titled in his or her sole name, free from any claim of the other party.

The D.G. Stewart Roofing & Construction Ltd. business checking account at

Key Bank shall remain the property of Husband. Wife hereby relinquishes her interest

thereon. The Key Bank joint checking account shall remain the property of the

Husband. Wife hereby relinquishes her interest thereon. The McDonald Investment

Account in the joint names of the parties shall remain the property of the Wife in

accordance with article 10 below. Husband hereby relinquishes his interest thereon.

The McDonald Investment Account in the name of D.G. Stewart Roofing &

Construction Ltd. shall remain the property of the Husband or his business interest.

Wife hereby relinquishes her interest thereon subject to article 13 below.

7

DRJR 0-049PA&c0415

9. LIFE INSURANCE

Each party shall retain as his or her property, free and clear of any claim of the

other, any life insurance policies in his or her name.

Wife shall have the right to obtain insurance on Husband's life. In this regard,

Wife shall be responsible for all premium costs associated therewith. Husband shall

cooperate with Wife in making himself available for physical examinations and the like.

10. SECURITIES ACCOUNTS

Wife shall retain as her property, free and clear of any claim of Husband, the

McDonald Investments account in the joint names of the parties having an approximate

balance of $262,220.00. The parties acknowledge that Wife has received

approximately $223,868.00 from said account, and Wife shall be entitled to receive the

balance of said account forthwith, and this agreement shall act as an Order to

McDonald Investments to transfer to Wife from the joint account the balance remaining

in the parties' joint account. Husband shall execute any and all necessary documents to

immediately relinquish his name from said account.

Wife shall further retain as her property, free and clear of any claim of Husband,

the Ameritrade account in the joint names of the parties having an approximate balance

of $2,012. Husband shall execute any and all necessary documents to relinquish his

name from said account.

11. INCOME TAX

The parties shall file separate federal, state and local income tax returns for

taxable year ending December 31, 2002. Husband shall retain as his property, free and

clear of any claim of Wife, his Federal estimated tax deposit in the approximate amount

8

ORJR ^^^49PAGc04^.6

of $13,000.00 and his State estimated tax deposit in the approximate amount of

$2,500.00.

Wife shall report as her income from DG Roofing & Construction Ltd. the sum

of $33,800.00. Husband shall report as his income any monies over and above

$33,800.00.

The parties have a certain tax loss carry forward in the amount of $7,000.00.

The parties shall equally divide the tax loss carry forward with each party receiving

$3,500.00.

Wife shall retain as her property, free and clear of any claim of Husband, the

Federal tax refund fpr the year 2001 in the approximate amount of $5,079.00 and the

State tax return for the year 2000 in the approximate amount of $2,012.00. In this

regard, Husband shall immediately endorse the checks into Wife's name.

With respect to filing joint returns in previous years, each party represents and

warrants that there are no liabilities presently outstanding, and that they have received

no notice of any audit proceedings. In the event that liabilities become due as a result

of the filing of said joint retums, the party whose conduct is responsible for any tax

liability, interest, or penalty shall pay the same and hold the other party harmless

thereon.

12. BUSINESS INTEREST

Husband shall retain as his property, free and clear of any claim of Wife, his

interest in DG Stewart Roofing & Construction Ltd. Husband shall assume all business

debts and obligations associated with the operation of DG Stewart Roofing &

9

DRJR 0 0 4 9 PAGD0 4 3.7

Construction Ltd. including, but not limited to, all loans, debts, warranty work, repairs,

and indemnify and hold Wife absolutely harnzless thereon.

Wife hereby assigns all right, title and interest in her ownership interest in DG

Stewart Roofing & Construction Ltd. to Husband.

Notwithstanding the generality of the foregoing, DG Stewart Roofing &

Construction Ltd. has a certain accounts receivable with Condor Garden Apartments in

the amount of $62,200.00 as of Apri124, 1997. If in the event this account is collected,

the parties shall divide equally the proceeds. The Portage County Domestic Relations

Court shall specifically retain jurisdiction over this account receivable.

13. PROPERTY SETTLEIVIENT

As and for a property settlement, Husband shall pay to Wife immediately

through Attorney Randal A. Lowry's office the sum of $28,930.00 calculated as

follows:

a. The sum of $26,003.00 to equalize the property settlement disbursed between

the parties (this includes an adjustment for one-half of the parties' SEP contribution in

the amount of $6,852.00).

b. The sum of $2,927.00 representing the adjustments to personal charges to the

business in accordance with the temporary orders.

The above property settlement shall accrne interest at the legal rate from the

date of this entry.

10

DRJR O 0 4 9 paGr041$

14. NON-USE OF OTHER'S CREDIT

Neither Husband nor Wife shall hereafter incur any debts or obligations upon

the credit of the other and each shall indemnify and save the other absolutely harmless

of any debt or obligation so charged or otherwise incurred.

Husband agrees to assume and be solely responsible for the following debts and

indemnify and hold Wife absolutely harmless thereon:

a. The debts which Husband has agreed to assume hereunder.

b. The debts associated with DG Stewart Roofing & Construction Ltd.

c. The debts which Husband has incurred in his name only since the parties

have separated. ,

Wife agrees to assume and be solely responsible for the following debts and

indemnify and hold Husband absolutely harmless thereon:

a. The debts which Wife has agreed to assume hereunder.

b. The debts which Wife has incurred in her name only since the parties have

separated.

Except as hereinbefore set out, each party agrees to pay and be responsible for

his/her own debts incurred in his/her own name after their separation including,. but not

limited to, credit cards, department store accounts and credit union accounts and each

party agreed to hold the other harmless from any outstanding accounts that they have

separately incurred after their separation except as otherwise set forth herein.

The parties hereby agree that they shall not incur any charges on any joint

charge accounts of the parties. The parties further agree that all joint credit card

accounts shall be terminated. This agreement may be submitted to any of the parties'

11

DRJR O 0 4 9 PAGE^419

joint creditors and this agreement shall act as a notice to terminate any credit card

accounts in the joint names of the parties.

15. BANKRUPTCY EFFECT

With respect to Husband's and Wife's responsibility to pay the debts and

liabilities set forth above and hold each other harmless for the payment thereof, the

parties intend these specific debts and liabilities to be non-dischargeable under Section

523(a)(5) and 523(a)(15) of the Bankruptcy Code. The parties in determining which

debts shall be paid by either party have considered the issues to reflect the intent of the

parties, which include, but are not limited to:

a. The nature of the debt assumed;

b. The effect of providing the support necessary to insure the daily needs of thespouse;

c. The amount of the obligation vis-a-vis the obligor's present or foreseeableability to pay;

d. The division of the marital assets and responsibilities.

16. SPOUSAL SUPPORT

Effective the 1st day of February, 2003, Husband shall pay, as and for spousal

support, by way of a wage assignment through the Ohio Child Support Payment Central

(CSPC), P0 Box 182394, Columbus, Ohio 43218, the sum of $2,500.00 per month for

forty-eight (48) consecutive months, or until Wife shall remarry or die, or Husband's

death. -

Effective the ist day of February, 2003, Husband shall pay as and for additional

spousal support for medical coverage for Wife, by way of a wage assignment through

12

ORJR 'u' 0 4 9 t'AGR0 4 2 O

the Ohio Child Support Payment Central (CSPC), PO Box 182394, Columbus, Ohio

43218, the sum of $750.00 per month for a period of thirty-six (36) months. If in the

event Wife shall obtain medical coverage at a cost of less than $750.00 per. month,

Husband's monthly obligation in this regard shall be reduced accordingly.

The Court specifically reserves jurisdiction over the matter of spousal support

and medical coverage to modify the term or amount thereof.

Pursuant to statute and equitable principles, this agreement has divided the

parties' marital assets, including pension and retirement rights, ordered the payment of

the parties' debts, and awarded child and/or spousal support. Most particularly, this

agreement intends that each spouse will be free of those debts allocated to the other.

The purpose of this agreement is to fairly and equitably allocate assets, income and

debts based on statutory considerations so that each party is supported based on the

parties' earning abilities and other statutory factors. If, for any reason, a party does not

receive the assets awarded, including pension rights awarded, or if, for any reason, a

party must pay any of the debts assigned to the other by this decision by obtaining relief

in bankruptcy from an obligation, including pension or retirement obligations, due the

other, the Court retains jurisdiction to establish or modify the amount of the spousal

support, to extend the term of spousal support, or to make any reasonable and necessary

award or order to make the other party financially whole, except that the Court may not

modify an award of division of property. This Order shall take precedence over anv

other Order here

All support urider this order shall be withheld or deducted from the income or

assets of the obligor pursuant to a withholding or deduction notice or appropriate court

13ORJR O 0 49 PAGC042I

9-

order issued in accordance with Section 3121 of the Revised Code shall be forwarded to

the obligee in accordance with Section 3121.19 of the Ohio Revised Code.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE

CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS

OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE

ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER,

CTAtRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES

IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE

AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE

COURT. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT

ORDER AND YOU FAIL TO MAKE THE REQUIRED

NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH

SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE

UNDER ANY SUPPORT ORDER AND YOU WILLFULLY FAII. TO

MAKE THE REQUIRED NOTIFICATION YOU MAY BE FOUND IN

CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO

$1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE

REQUIRED NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF

THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU:

IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF

14

DRJR 0049pAGE ®422 I 3

YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S

LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM

YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM

YOUR ACCOUNTS IN FINANCLkL INSTITUTIONS; AND ANY

OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM

YOU TO SATISFY YOUR SUPPORT OBLIGATION:

17. TEMPORARY ORDERS

Each party shall comply with all temporary orders including, but not limited to,

the payment of utilities, mortgage payments, automobile and all other orders that he

was obligated to perform until the effective date of the final decree of divorce or

dissolution. The parties specifically agree that the temporary orders will not be merged

into any final decree of divorce.

18. EXECUTION OF NECESSARY DOCUMENTS

Each party shall execute and deliver any deed, conveyance, title certificate, and

any and all documents and perform any and all acts which may be required and

necessary to carry out and effectuate any and all purposes and provisions herein set

forth. Upon the failure of either party to execute and deliver any such deed,

conveyance, title certificate or other document or instrument to the other party, this

agreement shall constitute and operate as such properly executed document and the

County Clerk of Courts, County Auditor, and/or County Recorder and any and all other

public and private officials are hereby authorized and directed to accept this agreement

or a properly certified copy thereof in lieu of the document regularly required for such

conveyance or transfer.

15ORJR o 0 4 9PQGE 0 423

Lq

19. LEGAL FEES

Each party shall be responsible for the payment of his or her own attorney's

fees.

IT IS, FURTHER ORDERED, ADJUDGED AND DECREED as follows:

I. That the parties be and hereby are granted a divorce from one another and that

the marriage contract between the parties be and hereby is held for naught.

2. Costs applied. Balance to be split between the parties,

IT IS SO ORDERED.

JUDGE JERRY HAYES

cc:

Randal A. LowryDelbert G. Stewart

6r T^ tv (7RiK'Ip TAGE C®+NT`F

9raree FYe®d, Clerk ot tha 6ou111og nenan ^i^s, c^ithin and tor sdd

nty hwoby certity the toregoing to bee s aopy ot the

Cr11 In the iofegoing aase.

®eloresRsed, tierk16

®iSPOSsTION®ATE: 44 3 a3

ORJR ^J C) 4 q- Pp.GEC) 4 24

Exhibit A

Sony Computer, desk and printer (already in Wife's possession)

'h accumulated air miles from MBNA Credit Card

Christmas tree and trimmings

Personal books

Wife's personal files located in basement of marital residence

h cash from money jar

Treadmill

Copies of buy-sell orders and all financial records relative to the personal McDonaldInvestment account and retirement accounts.

DRJR 0 01 4 4PAGE e4 2^

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