STATE OF INDIANA ) IN THE ST.

JOSEPH CIRCUIT COURT

)SS:
COUNTY OF ST.JOSEPH ) CAUSE NO: 71C01-2304-MI-000157

BANK OF NEW YORK MELLON FKA THE )

BANK OF NEW YORK, et al.., )
)
Plaintiff, )
vs. )
)
JOHN TIFFANY et. al., )
)
Defendants. )
v. )
)
Pastor Mario L. Sims, and Tiffiny Sims, )
)
Defendants/Counter-claimants, )
)
v. )
)
Shannon O'Connell Egan, )
Nathan Blaske, Dinsmore & Shohl LLP, )
Jennifer Snook, Marinosci Law Group, )
Peter Agostino, Devon Maclennan-Cade )
as Resolution Specialist Regulatory )
Complaints for the Bank of America, )
the Bank of America, N.A., )
Bank of New York Mellon FKA, )
Bank of New York Mellon, )
Erik E. Blumberg, Andrew L. Kraemer, )
and Johnson, Blumberg & Associates, )
Bradley P. Colborn, )
and DOES 1 through 10, inclusive, )
)
Counter Claim Defendants. )

VERIFIED ANSWER TO COMPLAINT AND COUNTERCLAIMS FOR

ACTION TO QUIET TITLE, FOR VIOLATIONS OF THE INDIANA
CONSTITUTION, CIVIL BREACH OF CONTRACT, Indiana Code § 32-29-7-
77, AND FOR DAMAGES AND INJUNCTIVE RELIEF DEMAND FOR JURY
TRIAL

1
 Counter claimants Pastor Mario L. Sims, a Honorably discharged

United States Marine Corps veteran, and a Pastor, and his wife, Tiffiny

Sims, pro se, both Black, African-American citizens of the United States of

America and of the State of Indiana, of and owners of a non

denominational church, for their ANSWER to complaint state:

First Defense

• Lack of Personal Jurisdiction, insufficient service and

improper service pursuant to Trial Rule 4 et seq., and Trial

Rule 12, et seq.,

Second Defense

• Plaintiff failed to renew its judgments before the expiration of

the first on May 31st and this action is now moot.

Third Defense

• The Counter claim defendant's “PLAINTIFF'S RESPONSE TO

DEFENDANT'S VERIFIED MOTION TO QUASH SERVICE AND

DISMISS COMPLAINT TO RENEW JUDGMENT WITH

PREJUDICE” paragraph 10., admits the need to serve “Alias

Summons” is a judicial admission that the initial efforts to

serve Mario and Tiffiny Sims was deficient.

2
 Fourth Defense

• The Judgment lien expired on May 31, 2023, there was no

authority for the scheduled Sheriff sale on June 8, 2023 and is

should have been ordered canceled bur for local corruption

which has been addressed in the pending motion to correct

error and AMENDED VERIFIED MOTION FOR CHANGE OF VENUE

OF COUNTY BECAUSE OF SYSTEMIC DOCUMENTED CORRUPTION

IN ST. JOSEPH COUNTY DIRECTED AGAINST MARIO L. SIMS FOR

DECADES.

Fifth Defense

• Counter claim defendant misleading the Court on factual

matters to obtain a judgment. On or about April 28, 2023, the

Counter claim defendant allegedly filed this action in this

Court, but knowingly and intentionally failed to serve Mario

and Tiffiny Sims at 23778 Grove Street, South Bend, Indiana,

where they have lived since November 2008, which the Plaintiff

knew from prior litigation 71D04-1001-MF-00164 BANK OF

NEW YORK MELLON FKA THE BANK OF NEW YORK, et

al..,vs. JOHN TIFFANY et. al. Because the Counter claim

defendant was aware of the Counter claim defendants correct

address but deliberately served them at an address neither he

3
 nor his wife lived at since 2008, this was a negligent deliberate

effort to obtain judgment by defrauding this Court.

• Wrong property address on the In Rem Judgment and Decree

of foreclosure. Counter claim defendant has made no effort to

correct the wrong property address used by the Court in

entering the In Rem Judgment and Decree of Foreclosure as

23778 Grove Street, MISHAWAKA, Indiana which is in a

different city, than where the home is in fact located at 23778

Grove Street, SOUTH BEND, Indiana. Counter claim defendant

did not make any argument about this being a scriveners error

which would have required it at the very least to be corrected

with notice. Instead it made no argument or effort to correct

the incorrect address shown on the judgment lien.

Sixth Defense

• The Complaint is barred by the Indiana Constitutions

protections. 508 VALPARAISO UNIVERSITY LAWREVIEW [Vol.

38, 67 JAMES H. MADISON, THE INDIANA WAY 98 (1986), 68

WILLIAM P. McLAUCHLAN, THE INDIANA STATE

CONSTITUTION: A REFERENCE GUIDE 2 (1996), John D.

Barnhard, Democratic Influences in Territorial Indiana, 43

INDIANA MAc. OF HIST. 8-22 (1947). Article 1, section 11 of the

4
 Indiana Constitution of 1816 provided: "That all Courts shall be

open, and every person, for an injury done him, in his lands,

goods, person, or reputation, shall have remedy by the due

course of law; and right and justice administered without

denial or delay." IND. CONST. of 1816, art. I, § 11.

Seventh Defense

• The Counter claim defendant Complaint is barred by contributory

negligence and it and its agents own reckless misconduct and

illegality.

COUNTERCLAIM

Counter claimants Pastor Mario L. Sims, and Tiffiny Sims, pro se,

Black, African-American citizens of the United States of America, a

Honorably discharged United States Marine Corps veteran, and a Pastor of

and owners of a non-denominational church, for their Counter claim

against the Plaintiff and Counter claims against state against Defendants

Shannon O'Connell Egan, Nathan Blaske, Dinsmore & Shohl LLP, Jennifer

Snook, Marinosci Law Group, Peter Agostino, Devon Maclennan-Cade as

Resolution Specialist Regulatory Complaints for the Bank of America, the

Bank of America, N.A., Erik E. Blumberg, Andrew L. Kraemer, Johnson,

Blumberg & Associates, Bradley P. Colborn, and DOES 1 through 10,

inclusive, states as follows:

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 Introduction

1. This suit is brought pursuant to the Indiana Constitution, and the

protections assured by Section 23 apply fully, equally, and without

diminution to prohibit any and all improper

grants of unequal privileges or immunities, including not only those

grants involving suspect classes or impinging upon fundamental

rights but other such grants as well., action to Quiet Title (Indiana

Code 32-30-3-1, et. seq.), Indiana Code § 32-29-7-77 and also for breach

of contract, for money damages, injunctive and declaratory relief.

Parties

2. Plaintiff Pastor Mario L. Sims, is an adult citizen and resident of the

Indiana, that owns a home at 23778 Grove Street, South Bend,

Indiana 46628.

3. Defendant Erik E. Blumberg, is a manager of Johnson, Blumberg &

Associates, a law firm based in Chicago, Illinois, when the relevant

events occurred, failed to take reasonable steps to end the unlawful

conduct alleged in this complaint.

4. Defendant Andrew L. Kraemer, is employed by Johnson, Blumberg &

Associates, a law firm based in Chicago, Illinois when the relevant

events occurred.

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 5. Defendant Shannon O'Connell Egan, is employed by Dinsmore &

Shohl LLP, a law firm based in Cincinnati, Ohio, when the relevant

events occurred.

6. Defendant Nathan Blaske, is employed by Dinsmore & Shohl LLP, a

law firm based in Cincinnati, Ohio, when the relevant events

occurred.

7. Defendant Dinsmore & Shohl LLP, is a law firm based in Cincinnati,

Ohio, when the relevant events occurred, failed to take reasonable

steps to end the unlawful conduct alleged in this complaint after

being put on notice. (See attached email to its partners)

8. Defendant Jennifer Snook, is employed by Marinosci Law Group, in

its northern Indiana offices, when the relevant events occurred.

when the relevant events occurred, failed to take reasonable steps

to end the unlawful conduct alleged in this complaint.

9. Defendant Marinosci Law Group a law firm operating in several

states when the relevant events occurred.

Bank of America's history of discrimination and racial animus

10.Defendant Bank of America operates in several states when the

relevant events occurred. It should be noted Bank of America has a

documented history of discrimination against people of color and

agreed to pay $335 million to resolve allegations that its

7
 Countrywide unit engaged in a widespread pattern of discrimination

against qualified African-American and Hispanic borrowers. Over

the past six years, Bank of America has entered into or been subject

to 51 major legal settlements, judgments, and regulatory fines. Taken

together, they add up to $91.2 billion in monetary and non monetary

damages.

11.Defendant Peter Agostino, is self employed by the law firm of

Anderson, Agostino and Keller, located in South Bend, Indiana, when

the relevant events occurred, and during the time he represented

borrower sent a letter requesting payoff information, but failed to

follow up and later his firm, through Defendant Bradley P. Colborn,

represented the Defendants CAUSE NUMBER 71D07-1902-CT-000063

MARIO L. SIMS vs. ATTORNEY DAVID M. BENGS;SHELLPOINT

NEW PENN FINANCIAL,UNDER ITS ASSUMED NAME DOING

BUSINESS AS SHELLPOINT MORTGAGE SERVICING; ATTORNEY

JEFFREY J. HANNEKAN; THE BANK OF NEW YORK MELLON FKA

THE BANK OF NEW YORK, AS TRUSTEEE FOR

CERTIFICATEHOLDERS CWABS INC, )ASSET-BACKED

CERTIFICATE, SERIES 2005-BC5, failing to take reasonable steps to

end the unlawful conduct alleged in this complaint, in fact joining in

for a profit.

8
 12.Defendant Bradley P. Colborn, is employed by the law firm of

Anderson, Agostino and Keller, located in South Bend, Indiana when

the relevant events occurred. He failed to take reasonable steps to

end the unlawful conduct alleged in this complaint.

13.Defendant Devon Maclennan-Cade, is a Resolution Specialist

Regulatory Complaints for the Bank of America, a mortgage

servicer operating in several states when the relevant events

occurred. He breached the oral contract with the Plaintiff, and

failed to take reasonable steps to end the unlawful conduct alleged

in this complaint, in fact joined in the racial discrimination.

14.Defendant the Bank of America, N.A. a mortgage servicer operating

in several states when the relevant events occurred, failed to take

reasonable steps to end the unlawful conduct alleged in this

complaint.

15.Defendant Johnson, Blumberg & Associates, failed to take

reasonable steps to end the

unlawful conduct alleged in this complaint after being put on notice.

16.Plaintiff alleges that the conduct in the complaint was motivated by

any discriminatory animus.

Introduction

9
 17.Plaintiff, who is black, who the Defendant s know is black, brings

this lawsuit to remedy harm caused by the Defendants racial

discrimination in violation of the Indiana Constitution, Indiana

Code 32-30-3-1, et. seq.), Indiana Code § 32-29-7-77, and also for

breach of contract.

Facts

Creation of the Gordian knot

18.The facts will show Counter-claimants used racial animus and denial

of access to the court by St. Joseph County officials to deny the

counter claimants efforts to remove the lien of John Tiffany from his

home.

19.Further the below facts will show how Counter claimants instead of

proceeding with the already begun VA mortgage process in 2010

followed the suggestion of the Bank of New York Mellon's foreclosure

counsel, David Bengs, Marinosci Law Group, to assume the mortgage

on the home he was buying on land contract from John Tiffany. This

was the beginning of the making of the knot.

20.This narrow path of assumption later allowed the Counter claim

Defendants to use this one string guitar to play a song, using the

words: no matter how many times the Plaintiff submitted

assumption paperwork ( Bengs suggested route because it was

10
 speedier) which was not received until December of 2014 from

Shellpoint, 4 years after Agostino's letter, so claim Counter-

claimants the did not submit all the needed paperwork.

21.The authorization of John Tiffany was required by BONY Mellon.

This was sought by having John Tiffany's attorney, Pete Agostino

write a letter to Bengs, giving John Tiffany's authorization. Bengs

did not respond, strangely Agostino did not follow up and his client

John Tiffany was forced to file Chapter 7, even though the Counter-

claimants were ready to obtain a VA mortgage or assume the home.

22.In 2012, while Tiffany was in Chapter 7, a representative of

BONYMellon then servicer Resurgent, Dawn Loflin, falsely stated to

the Indiana Attorney General ( the Attorney General later entered

an finding that John Tiffany, a licensed real estate agent had in fact

not used the $26,000 in down payment and monthly payments the

Plaintiff had paid him to pay his mortgage. Strangely, with no

investigation, the 7th Circuit later, ( in an opinion issued by an

anonymous panel of judges in the then all white 7th Circuit, who

created non existence facts, later determined the Counter-claimants

had somehow conspired with Tiffany), in writing, that her firm had

no idea where Tiffany was nor knew how to contact him, although he

was in Chapter 7, in the processing of discharging their mortgage.

11
23.Counter-claimants obtained a default against Loflin when she failed

to appear in the suit filed in St. Joseph County.

24.During proceedings in federal court an attorney with the firm of

Dinsmore & Shohl LLP, Jeffrey Hannaken, obtained the credit

report of someone other than the Counter-claimant Mario Sims as an

exhibit to show the Counter-claimants did not have sufficient credit

for a mortgage (although the VA had committed to funding his

mortgage with a proper payoff)

25.In 2022 another member of Dinsmore & Shohl LLP, Counter claim

Defendant Blaske stated on the record a payoff could not be

provided because his client Shellpoint was not involved at the point

one was requested and they had no third party authorization, which

was not true as they had two by this time. Shellpoint under oath

earlier stated $429,358.24 was owed.

26.In 2022 Devon Maclennan-Cade, is a Resolution Specialist

Regulatory Complaints for the Bank of America, at first states he is

the sole contact in this matter and a pay off letter can be obtained

once a third party authorization is submitted after John Tiffany

signs it. He provides a the third party authorization, the Counter-

claimants obtain John Tiffany's signature and submits it to Devon

Maclennan-Cade, is a Resolution Specialist Regulatory Complaints

12
 for the Bank of America only to have him submit documents the

Counter-claimants assumes is a payoff, but is later informed by

Devon Maclennan-Cade, is a Resolution Specialist Regulatory

Complaints for the Bank of America, Bank of America ceased

servicing this mortgage in 2013 and to contact Shannon O'Connell

Egan, of Dinsmore & Shohl LLP, who writes in October of 2022 what

Devon Maclennan-Cade, is a Resolution Specialist Regulatory

Complaints for the Bank of America, Bank of America sent was not a

pay off (of course she did not bother to provide a pay off even after

being in position of three as are attached) and contrary to what

Defendant Blaske, of Dinsmore & Shohl LLP, stated on the record

in the summer of 2022, a payoff could not be provided because his

client Shellpoint was not involved at the point one was requested

and they had no third party authorization, which was not true as

they had two by this time.

27.Then we have Blumberg Associates, LLC filing for Sheriff sale,

refusing to provide the Plaintiff a payoff because they do not have

authorization which in fact there were three by that time. Even after

the Counter-claimants provided this firm with three authorizations,

it refused to provide a pay off.

13
 28.All of the authorizations, including a telephone log from Shellpoint

obtained during discovery showing John Tiffany even called and

gave verbal authorizations, along with a finding from Federal

Magistrate Gotsch US District Court Northern Indiana, that

Shellpoint/BONY Mellon had received authorization, a facts supports

the above allegations and all allegations in this complaint.

Events in 2022 that triggered this instant action

29.Attorney Andrew L. Kraemer, of Chicago based Johnson, Blumberg

Associates, LLC filed the attached Notice of Sheriff Sale July 28,

2022, and caused the same to be served on Counter-claimants and his

wife, Tiffiny Sims, without first failing to comply with Indiana Code

§ 32-29-7-77 .

30.Counter-claimant Mario Sims was forced to file a Chapter 13

Bankruptcy solely to stay the Sheriff sale. See IN RE: Mario Lamont

Sims, Sr. Debtor, Case No. 22-30910, United States Bankruptcy Court,

Northern District of Indiana.

31.In legal filings in CAUSE NUMBER 71D07-1902-CT-000063 MARIO L.

SIMS vs. ATTORNEY DAVID M. BENGS;SHELLPOINT NEW PENN

FINANCIAL,UNDER ITS ASSUMED NAME DOING BUSINESS AS

SHELLPOINT MORTGAGE SERVICING; ATTORNEY JEFFREY J.

14
 HANNEKAN; THE BANK OF NEW YORK MELLON FKA THE BANK

OF NEW YORK, AS TRUSTEEE FOR CERTIFICATEHOLDERS

CWABS INC, )ASSET-BACKED CERTIFICATE, SERIES 2005-BC5,

the company, NewRez LLC f/k/a New Penn Financial, LLC d/b/a

Shellpoint Mortgage Servicing (Shellpoint Mortgage Servicing),

denied it is legally responsible for the acts or inactions as successor

to Resurgent Mortgage Servicing.

32.In previous complaints made by the Counter-claimants to the

Consumer Financial Protection Bureau during the summer of 2022

NewRez LLC f/k/a New Penn Financial, LLC d/b/a Shellpoint

Mortgage Servicing (Shellpoint Mortgage Servicing), responded that

the Counter-claimants should to contact Bank of America as master

servicer.

33.Counter-claimants immediately contacted the representative Bank

of America, for the Master Servicer, Devon Maclennan-Cade,

Enterprise Resolution, Bank of America, and advised him the

Plaintiff and his wife have a deed to the property at 23778 Grove

Street, South Bend, Indiana 46628, and previously provided third

party signed authorizations from borrower John Tiffany.

15
34. Devon Maclennan-Cade, advised the Counter-claimants, in writing

that he would be the sole contact for Bank of America as servicer

regarding this matter.

35.Further the Counter-claimants advised Devon Maclennan-Cade, that

November of 2008, Counter-claimants entered into a land contract to

purchase a home for them to reside at 23778 Grove Street South

Bend Indiana from a Indiana licensed Realtor John Tiffany

(“Tiffany”) for $180,000.00.

36.A land contract was used in 2008 as the Counter-claimants was in the

process of selling the original marriage residence in Granger,

Indiana and he would not be able to obtain a second mortgage until

the first home sold.

37.The land contract called for the Counter-claimants to put $12,000.00

down and making monthly payments of $1,400.00 for three years.

38.Counter-claimants put the $12,000.00 down and made timely monthly

payments of $1,400 beginning December 1, 2008.

39.The original marriage residence in Granger, Indiana, sold and

Counter-claimants began applying in November 2009 for a VA loan

on 23778 Grove street, South Bend, Indiana.

40.Counter-claimants discovered in December of 2009, that Tiffany had

not used the $26,000.00 ($12,000 down payment and $1,400 timely

16
 monthly payments) paid to him by the Plaintiff to pay his mortgage

on the property that was held by Bank of New York, and serviced

then by Resurgent.

41. On March 17, 2010, Tiffany, in a letter authored by his then legal

counsel, Attorney Peter Agostino, requested the paperwork to

authorize Counter-claimants to obtain the needed paperwork to

remove Tiffany's lien from the property by using either assumption,

cash purchase or VA mortgage.

42. Had the Counterclaim Defendants timely responded to the March

2010, arguably Counter-claimants would have provided a pay off to

the VA to pay off Tiffany's mortgage, eliminating the need for

foreclosure and any additional cost and fees. But they failed to

timely do so.

43. On 06/22/2011, John Tiffany filed a Chapter 11 Cause 11-32492-hcd

listing 23778 Grove Street, South Bend, Indiana with Bank of New

York/Shellpoint as a creditor.

44. On 07/20/11 the Counter-claimants filed a Adversary Proceeding #:

11-03045-hcd herein, pursuant to 523(a)(2), false pretenses, false

representation, actual fraud. 03/22/2012 Judge Dee's of the US

District Bankruptcy Court entered an “Order Granting Stipulation

For Dismissal With Prejudice” (related document(s)37 Motion to

17
 Dismiss Adversary Proceeding filed by Defendant John Andrew

Tiffany). (ama) (Entered: 03/22/2012) which allowed John Tiffany to

give the Simses a “Quit Claim Deed” transferring Tiffany's interests

to 23778 Grove Street South Bend, Indiana. No bank or servicer

objected.

45. Counter-claimants had been certified for a Veterans Administration

Loan previously and had sought a VA loan on 23778 Grove Street but

was unable to provide any prospective lender with the required

paperwork.

46. After Counter-claimants provided those prior signed authorizations

to Devon Maclennan-Cade Resolution Specialist, Regulatory

Complaints, Bank of America, stated they were sufficient for the

prior master servicer Bank of New York Mellon/Shellpoint but in

order for Bank of America to discuss stopping the Sheriff sale and to

allow him to send Counter-claimants a payoff so they could redeem

prior to the sale as allowed by Indiana law before the Sheriff sale,

Indiana Code Section 32-29-7-77, Bank of America required Counter-

claimants to provide him signed third party authorizations in its

name.

47.After he was provided same by the Counter-claimants on August 22,

2022, he left a voice mail Thursday August 24, 2022, acknowledging

18
 he received it and saying he could now speak with us and he would

respond in writing to our request for a payoff letter, and giving

Counter-claimants 90 days to obtain a VA mortgage.

48.More than 7 days elapsed and Bank of America never did.

49.Nor did any of the counter claim Defendant law firms serving as

collection agents Shannon O’Connell Egan, and Nathan Blaske, of

Dinsmore & Shohl LLP, nor has Erik E. Blumberg Managing

Member, Johnson, Blumberg & Associates, LLC, Attorneys at Law

230 West Monroe Street, Suite 1125 Chicago, Illinois 60606 provided a

payoff letter, within 7 days of August 24, 2022.

50.Nathan Blaske stated during a hearing, and on the record in,

CAUSE NUMBER 71D07-1902-CT-000063 MARIO L. SIMS vs.

ATTORNEY DAVID M. BENGS;SHELLPOINT NEW PENN

FINANCIAL,UNDER ITS ASSUMEDNAMED DOING BUSINESS AS

SHELLPOINT MORTGAGE SERVICING; ATTORNEY JEFFREY J.

HANNEKAN; THE BANK OF NEW YORK MELLON FKA THE BANK

OF NEW YORK, AS TRUSTEEE FOR CERTIFICATEHOLDERS

CWABS INC, )ASSET-BACKED CERTIFICATE, SERIES 2005-BC5, a

payoff could not be provided because he had to protect his client,

John Tiffany's privacy, when in fact Blaske was fully aware: 1. John

Tiffany had provided Shellpoint two authorizations submitted

19
 beginning in 2010 (Attorney Pete Agostino letter) and 2015

(Authorization) from borrower John Tiffany which were sufficient

for Shellpoint to have provided Plaintiff a payoff letter according to

Devon Maclennan-Cade Resolution Specialist, Regulatory

Complaints, Bank of America, and borrower John Tiffany had been

discharged in his Chapter 7 of his personal liability, and the Plaintiff

by virtue of the deed and multiple authorizations, was acting on

behalf of John Tiffany. Bradley P. Colburn, who is employed by Pete

Agostino's law firm stood silent at the hearing and failed to state

Agostino had requested pay off paperwork in 2010.

51. Jennifer Snook, and Marinosci Law Group, as collection agents,

were aware of the two authorizations submitted in 2010 (Attorney

Pete Agostino letter) and 2015 (Authorization) from borrower John

Tiffany were sufficient for Shellpoint to have provided Plaintiff a

payoff letter according to Devon Maclennan-Cade Resolution

Specialist, Regulatory Complaints, Bank of America, and was aware

of John Tiffany's chapter 7 Bankruptcy discharge in 2012, and were

aware of the third party authorizations in August of 2022 as it was

provided to them by the Counter-claimants via email.

52.Counter claim Defendants have repeatedly and wholly failed to

comply after receiving signed several third party written

20
 authorizations and verbal authorization to the servicers from their

former borrower John Tiffany as recent as August 2022, and being

aware of his Chapter 7 discharge yet continue to attempt to collect

the debt from John Tiffany instead of complying with the signed

authorizations

53. John Tiffany had provided the Counter-claimants with a quit claim

deed to act on his behalf after his Chapter 7 discharge, so Counter-

claimants could pay off Tiffany's mortgage so Counter-claimants

can clear the stain on the title.

54.All named counter claim Defendants as attorneys and collection

agents for financial institutions, know or should have known a

mortgage loan has two legal components. The first component is

personal liability for the amount borrowed.

55.The other is the security interest, or lien, the lender takes in your

home.

56.John Tiffany's Chapter 7 bankruptcy discharge eliminated his

personal liability on the secured mortgage loan, but it did not

eliminate the lien

57.The all white defendants have relied upon racism in the

predominately white judiciary in Indiana and the 7th Circuit (until

recent appointments) in support of their racially motivated

21
 discrimination, in conspiracy, to fail to comply with the Indiana

Constitution, Indiana Code 32-30-3-1, et. seq.), Indiana Code § 32-29-

7-77, and also for breach of contract.

Shannon O'Connel Egan's history of willful discrimination and racial

animus and documented hostility in St. Joseph County and of the white
judiciary to deny Mario Sims rights under the Indiana Constitutionally

58. Shannon O’Connell Egan, has even bragged about the white courts

refusal to grant sanctions or rule on the merits of the Counter-

claimants motions for sanction directed toward the white attorneys

involved in CAUSE NUMBER 71D07-1902-CT-000063 MARIO L. SIMS

vs. ATTORNEY DAVID M. BENGS;SHELLPOINT NEW PENN

FINANCIAL,UNDER ITS ASSUMED NAME DOING BUSINESS AS

SHELLPOINT MORTGAGE SERVICING; ATTORNEY JEFFREY J.

HANNEKAN; THE BANK OF NEW YORK MELLON FKA THE BANK

OF NEW YORK, AS TRUSTEEE FOR CERTIFICATEHOLDERS

CWABS INC, ) ASSET-BACKED CERTIFICATE, SERIES 2005-BC5.

(See attached PETITION FOR WRIT OF CERTIORARI and letter).

22
59.Shannon O’Connell Egan even stated on the record CAUSE

NUMBER 71D07-1902-CT-000063 MARIO L. SIMS vs. ATTORNEY

DAVID M. BENGS;SHELLPOINT NEW PENN FINANCIAL,UNDER

ITS ASSUMED NAME DOING BUSINESS AS SHELLPOINT

MORTGAGE SERVICING; ATTORNEY JEFFREY J. HANNEKAN;

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW

YORK, AS TRUSTEEE FOR CERTIFICATEHOLDERS CWABS INC, )

ASSET-BACKED CERTIFICATE, SERIES 2005-BC5 it was her intent

to ensure the Counter-claimants would have to bid on his home at a

sheriff sale, of Indiana Code § 32-29-7-77.

60.After Devon Maclennan-Cade Resolution Specialist, Regulatory

Complaints, Bank of America provided documents from its files

showing a principle balance due of $126, 257.96 and the Counter-

claimants agreed to pay that amount, a letter from Shannon

O’Connell Egan, sent to the Counter-claimants stated that was not

the pay-off and yet she again, failed to produce a timely pay-off, in

fact producing none.

61.If Shannon O’Connell Egan defense is Counter-claimants did not

contact HER requesting the payoff, by way of her letter of October

she was aware the request had been made along with a signed third

party authorizations (further she was aware of prior authorizations

23
 from Pete Agostino and those made verbally and in writing to her

clients Shellpoint/BONY/Resurgent that Devon Maclennan-Cade

Resolution Specialist, Regulatory Complaints, Bank of America,

stated was sufficient from those entities to have complied.). Finally

Egan made no effort in her October 2022 letter to comply, nor

provided another form if required.

62.But for the above listed facts, which plausibly show that race was the

but-for cause of Counter-claimants being denied a timely pay-off on

his home at 23778 Grove Street, South Bend, Indiana 46628, Plaintiff

was harmed.

History of St. Joseph County, State of Indiana and the white

judiciary dealings with Pastor Mario Sims

63.In 2008, Mario and Tiffiny Sims did what millions of Americans do

ever year: buy a home.

64.That began a nightmare of corruption motivated by Mario Sims’

history in St. Joseph County that is fully stated below, that has

lasted since that time until today, with real estate agent John

Tiffany taking $26,000.00 from the Sims’, not paying this bank.

65.Then after the Sims reached out to Tiffany’s attorney Pete Agostino

at the direction of the then bank attorney David Bengs for Tiffany’s

permission for the Sims’ to obtain a VA mortgage on the property at

24
 23778 Grove Street which Mario Sims, who as a honorably

Discharged United States Marine qualified for and simply needed

John Tiffany’s agreement.

66. Agostino never provided the agreement from Tiffany, Tiffany went

into Chapter 7 where the Chapter 7 Trustee and Judge agreed for

Tiffany to deed ownership of the property to Mario and Tiffiny Sims

which he in fact did.

67.The Bank never provided a payoff, but denied to the Indiana

Attorney General it knew Tiffany’s whereabouts during its

investigation in response to a complaint filed by the Sims’, had one

of their attorneys use a social security number that did not belong to

Mario Sims, knowing it was false, to claim his credit would not allow

the purchase although since 2008 the Sims solely own a $6 million

church free and clear that is on the historic registry and a rental

property in South Bend Indiana, another bank attorney claiming he

had no authority to give Sims a payoff, a bank employee claiming the

Sims would be given a payoff if they received a signed authorization

from Tiffany but when that was presented to the bank Attorney

Shannon Egan she claimed was not enough for her to comply and

many other acts where white attorneys representing the bank knew

the judiciary in federal courts located in Indiana and in the 7th

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 Circuit Frank McKinney and David Hamilton both knew Mario Sims

and were located in Indiana prior to being elevated to the bench on

the 7th Circuit) were racist to use racism to deny the Sims simply to

remove the banks lien.

68. The result has been for the first time in recorded history in America

and anonymous panel of Judges on the 7th Circuit, angered because

Mario Sims cited articles from Judges, lawyers and civil rights

groups about racism in the bench and bar, in his filings before that

court, made up a record to sanction Mario so he would have no

access to the federal court in the 7th Circuit unless he would pay a

fine to the bank’s racist Attorney Shannon Egan, which Mario Sims

will never do.

69.All Mario and Tiffiny Sims started out to do in 2008 was buy their

home, and after 15 years, the bank which presented an affidavit

showing it has spent over $500,000 an amount that continues to

grow, to conspire with corrupt judges to deny them from doing what

the law allows them to do. But the law is perverted to deny truth.

70.The Plaintiff has had a demonstrated undue influence over the St.

Joseph County Courts, local Attorneys who are citizens of St. Joseph

County.

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71. The presiding Judge, John Broden of this court, was the former

Chairman of the St. Joseph County Democratic party, formerly

employed both in the South Bend City Legal Department under then

Mayor Joe Kernan, a St. Joseph County Public Defender, and was a

former Democratic Party State Senator with close ties downstate

with the current Chief Justice of the Indiana Supreme Court.

72. Beginning in 1989, Mario Sims has been an outspoken opponent of

the corruption in St. Joseph County Democratic Party and St.

Joseph County itself.

73. As an activist, journalist and civil rights leader (Chairman of the

Board of the St. Joseph County Urban League and Interim Executive

Director, Executive Committee member NAACP) and currently as a

Senior Pastor, Doulos Chapel, founder of two local citizen watch dog

groups, Citizens United for Better Government (CUBG) and People

United for Better Government (PUBG), and Christian civil rights

organization, South Bend Leadership Coalition (SBLC), a journalist

co-hosting A.M., radio talk show on WIWO, a print journalist featured

in a local newspaper, radio and television host on “What’s Truth” a

international talk show and host of Doulos Chapel’s monthly public

access and You Tube shows, continues to be an outspoken opponent

of the corruption in St. Joseph County.

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74. Mario Sims was an announced Republican Party candidate for

Mayor of the City of South Bend, and opponent of Democrat Mayor

Joe Kernan, in 1994 before he was set up and wrongly convicted for

allegedly raping his then wife in a St. Joseph County Court that was

presided over by a Democratic Party Judge Jeanne C. Jourdan who

was later was forced to recuse herself after in 1995 Mario Sims filed

an unchallenged post-conviction evidence which was was placed on

the record by Mario Sims that her daughter had been sexually

assaulted by a black man yet she was allowed to preside over Mario

Sims criminal case where he had been falsely charged with raping

his then wife.

75. Mario Sims, represented by three attorneys, one Attorney John

Ulmer, a twenty year law enforcement off that had graduated from

the FBI academy before becoming an attorney and serving as a

Deputy City Attorney with Elkhart City, the other Attorney Tom

Godfrey who had been a La Porte County Deputy Prosecutor in his

over 30 year career in law, conducted due diligence and placed the

following facts, that have never been contradicted before judge,

John Broden: “In April of 2019, ABC21 News Anchor and

Investigative Reporter and now NBC UNIVERSAL MEDIA, LLC

Reporter Alexis Rivas Shear, contacted Mario L. Sims, a Senior

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 Pastor of Doulos Chapel, 608 South St. Joseph Street, South Bend,

Indiana by telephone and asked if she could come to the church.

76. Shortly after her call she arrived at the church with a cameraman

and another Reporter.

77. Reporter Alexis Rivas Shear, disclosed Tim Corbett, who in 1994 was

a South Bend Police Officer, and later, Commander of St. Joseph

County Metro Homicide Unit under the control of the St. Joseph

County Prosecutor’s Office, stated to her that he had planted

evidence in the State of Indiana vs. Mario L. Sims in 1994.

78. She then recorded an interview of Pastor Sims.

79. While conducting the interview, she received a telephone call from

her station. After concluding the call, she advised Pastor Sims, that

her station executives had informed her based on Tim Corbett's

admission she is now a witness to a crime and to return to the

station immediately.

80. As she left, she advised Pastor Sims to hold off for at least a week

taking any public action as she wanted to discuss with her station

executives what they wanted her to do with the story.

81. Prior to coming to Doulos Chapel that day she also gave a verbal

statement to Elkhart Police Department Officer Davin Hackett,

regarding Tim Corbett's admission of planting evidence in Mario

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 Sims criminal case, who in turn reported it to Internal Affairs at

EPD, and also to former South Bend Board of Public Safety

President Pat Cotrell, who is also a former South Bend Police Officer

and to former South Bend Police Officer and to City Councilman

Derek Dieter.

82. After a week went by and not hearing from Reporter Alexis Rivas

Shear, Pastor Mario contacted her by phone. During that call she

stated she was afraid for her life.

83. Sims was aware that at least one law enforcement officer supervised

by Tim Corbett in his position as St. Joseph County Metro Homicide

Commander, had previously harassed former South Bend Reporter

Jacklyn Kelly to the point she was forced to leave town.

84. Corbett also encouraged his supporters to harass Pastor Sims

causing him to file several police reports with the Indiana State

Police and St. Joseph County Police.

85. Reporter Alexis Rivas Shear stated it was okay though for Pastor

Sims to act on what she had told him.

86. In September of 2019 Pastor Sims was made aware from an article by

The Young Turks that Mayor Pete Buttigieg, Mike Schmuhl, and the

City Legal Department were aware that Tim Corbett was a racist and

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 had bragged about planting evidence to gain convictions of black

defendants.

87. The Young Turks had obtained relevant discovery from the suit in

which the City of South Bend had paid $500,000.00 to Tim Corbett

and four others.

88. Because of the 12- and 1/2-years Pastor Sims was totally innocent

and was wrongly incarcerated after Tim Corbett planted evidence in

his case and the numerous and continuous efforts to frustrate his

ability to gather evidence needed to overturn his conviction that has

since 2012 been in the hands of those named above.

89. To shore up the false case against Pastor Sims, Tim Corbett

fabricated evidence. Based on the force of the fabricated evidence by

Tim Corbett, Sims was charged, prosecuted, and convicted of rape

and criminal deviant conduct. He was sentenced to 27 years in

prison. Never giving up on proving his innocence, Pastor Sims

worked tirelessly to show that he had absolutely nothing to do with

this crime, including making Access to Public Records Request to

the South Bend City legal department.

90. Mrs. Karen DePaepe former Director of Communications with the

South Bend Police Department, disclosed to South Bend City legal

department at their request, Pete Buttigieg, Mike Schmul as then

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 Mayor Buttigieg’s Chief of Staff, City of South Bend City Legal staff,

Stephanie Steele, Tasha Reed Outlaw, Cristal Briscoe (“ City Legal”),

were aware that Corbett was racist and had planted evidence to gain

convictions of black defendants from their positions and

responsibilities in the City legal department, discovery in the tape

case and from direct questions they asked Karen DePapaepe. Both

Stephanie Steele and Cristal Briscoe are St. Joseph County Judges

and chose not to disclose the criminal acts they heard.

91. Pastor Sims, who had known he had not raped his wife and believed

in 1994 before, during and after his criminal trial that Tim Corbett

had planted evidence and that Tim Corbett was a racist but could

not prove it previously until The Young Turks story in September of

2019 gave physical evidence to support what News Reporter Alexis

Rivas Shear had disclosed. Tim Corbett has never been charged with

a crime and the County of St. Joseh contiunes to defend his criminal

acts.”

92. People identifying themselves as Buttigieg supporters have

threatened to disrupt Doulos Chapel services and burn the church

and have actively interfered with efforts to raise funds for the

church which houses feeds and clothes the homeless, calling the

Pastor a “rapist” and creating online sites to dissuade the public

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 from associating with him and have filed false reports with the St.

Joseph County Board of Health regarding the church and other

entities.

93. After Pastor Sims refused to agree to help the South Bend Police

keep the peace at then candidate Donald Trump rally in South Bend

in 2016 five City Inspectors showed up at Doulos Chapel for an

unannounced inspection, solely for the purposes of harassing Pastor

Sims, and only left after Pastor Sims contacted FOX28. The Reporter

determined all the inspectors found was a leaking roof.

94. In January of 2023, the Democrat Mayor and Democrat controlled

City Council, many who call themselves “Christians” after years of

refusing to acknowledge Doulos Chapel’s non for profit status and

taxes the church water bill, turned the church water off after Pastor

Sims refused to pay the bill fr the period the City taxed the church

after paying the water bill from 2013until 202 wit taxes.

95. The County and City gave over $8 million to Sheila McCarthy, to

house the homeless after she dumped buckets of pee and poop on the

belongings of a homeless couples tent on Doulos Chapel property.

McCarthy was never charged although there are many witnesses,

including Rev. Canneth Lee a current City Councilman, it was the

subject of a news story on ABC57, a video was made and a police

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 report was made. McCarthy employs Tracy Lilieart who made a false

Police report that there was a “meth lab” in Doulos Chapel, and was

never charged.

96. Judge John Broden, and his Magistrate Andre Gammage, have

manipulated and ignored the settled law in filings by Mario and

Tiffiny Sims in this case and in a related case involving Mario and

Tiffiny Sims’ in an effort to attempt to cost the Sims’s their home.

97. Broden presiding over the civil case failed by Sims to address the

never denied criminal allegations against Corbett, determined the

allegations were res judicata although no court order exists showing

those facts first came to light in April of 2019 and following had ever

been heard. The matter is pending with the United States Supreme

Court as no Indiana Court would address Corbett’s never denied

criminal acts on the merits.

98. Mario Sims has had to file 9 Judicial complaints against John

Broden for things such as ruling on a praecipe for submission filed

by Mario Sims, which although it was a clear violation of the trial

rules, his friend, the Chief Judge of the Indiana Supreme Court,

determined was not a violation.

99. Attorney Peter Agostino was attorney for John Tiffany a defendant

and who has influence in St. Joseph County as a Attorney from his

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 firm represents County government and Agostino himself represents

the County before the U.S. Supreme Court in the matter pending

before it in Mario Sims’ Petition for Certiorari.

FIRST CAUSE OF ACTION AS TO ALL DEFENDANTS: VIOLATION OF

THE INDIANA CONSTITUTION

100. Counter claimaints refers to and incorporates by reference

each foregoing and subsequent paragraph of this Complaint as

though fully set forth herein.

101. The Indiana Constutution prohibits racial discrimination.

102. Pastor Mario L. Sims is a Black/African American citizen of the

United States.

103. As set forth above Counter claimants Defendants, were

motivated by racial animus, in conspiracy as all Counter claimants

Defendants are lawyers or a financial institution, that have

knowledge of matters alleged herein, have met either by telephone,

in person, via electronic communication or face to face, authored

filings or letters, or at various times represented parties or

corporations in this or prior suits and failed to prevent the harm to

the counter claimants or joined in. The Counter claimant defendants

can not point to any race-neutral justification for their conduct.

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Continuing wrong/harm

104. Counter claim Defendants Jennifer Snook, Marinosci Law

Group, and Peter Agostino, knew that John Tiffany had provided his

third party authority beginning in 2010 as Agostino authored a letter

to Attorney David Beng who was represented by Snook in a prior

action regarding Counter claimants thwarted efforts to assume the

mortgage or buy the property outright involving Shellpoint/Bank of

New York, yet Agostino as partner of his firm contracted to defend

Shellpoint/Bank of New York, and assigned Bradley P. Colborn, to

defend the actions of the servicer knowing John Tiffany had already

provided his authority. These Counter claimant Defendants knew

that there was authorization from John Tiffany for the Counter

claimants to act on his behalf, but never provided a payoff letter but

never disclosed this fact to any court, in fact in the case of Counter

claimant Defendant Nathan Blaske, denied it.

105. The record clearly shows Counter claimants had permission

from John Tiffany and Tiffany was no longer a client because of the

bankruptcy, Blaske mislead the court and Bengs attorney failed to

correct Bengs’ statement which this court previously relied upon as

true. To request a pay off, the law does not require the requirement

of any wording stating it is for an assumption or outright purchase

36
 cash or otherwise requires after requesting a pay off to contact

racist Counter claimant Defendant Shannon Egan to grovel for one.

106. The Counter claim Defendants had authorization from John

Tiffany for the Mario and Tiffiny Sims to act on his behalf, but never

provided a payoff letter.

107. The Counter claimant Defendants ignored the Indiana

Constitution discriminating against Mario and Tiffiny Sims, because

they Black, for a profit. They would have never done this to a white

citizen who simply sought to get a pay off and there is no race

neutral justification.

108. Counter claimants seeks compensatory and punitive damages

as the above demonstrates that the counter claim Defendants

engaged in a discriminatory practice or discriminatory practices

with malice or with reckless indifference to the State protected

rights of an aggrieved individual, the Counter claimants and that the

Court grant temporary, preliminary, and permanent injunctive relief

prohibiting Defendants from engaging in further discriminatory

conduct.

109. Beginning April 2023, Andrew L. Kraemer, and Johnson,

Blumberg & Associates representing the Plaintiff/counter claim

37
 Defendant Bank of New York failed to renew its judgments before

the expiration of the first on May 31, 2023.

110. Counter claim Defendants Bank of New York through its

agents again file for Sheriff sale, this time to be held June 8, 2023 all

without with proper service 71D04-1003-MF-00164 per service on

Mario and Tiffiny Sims in CAUSE NO: 71D06-0912-MF-000967 and

CAUSE NO: 71C01-2304-MI-000157 in an effort to mislead the courts.

This time Tiffiny Sims files Chapter 13 to stay the sale pending

resolution of this suit.

111. Counter claim Defendant Andrew L. Kraemer, knowingly and

intentionally failed to serve Mario and Tiffiny Sims at 23778 Grove

Street, South Bend, Indiana, where they have lived since November

2008.

112. Counter claim Defendant Andrew L. Kraemer, acknowledges

that service to that address was improper therefore it is serving via

alias summons to Mario and Tiffiny Sims correct current address as

serving a former dwelling of the Sims' however, service upon a

defendant's former residence is not sufficient to confer personal

jurisdiction.

113. On or about April 28, 2023, the Counter claim Defendant

allegedly filed this action in this Court, but knowingly and

38
 intentionally failed to serve Mario and Tiffiny Sims at 23778 Grove

Street, South Bend, Indiana, where they have lived since November

2008, which the Plaintiff knew from prior litigation 71D04-1001-MF-

00164 BANK OF NEW YORK MELLON FKA THE BANK OF NEW

YORK, et al..,vs. JOHN TIFFANY et. Al

114. Counter claim Defendant has made no effort to correct the

wrong property address used by the Court in entering the In Rem

Judgment and Decree of Foreclosure as 23778 Grove Street,

MISHAWAKA, Indiana which is in a different city, than where the

home is in fact located at 23778 Grove Street, SOUTH BEND, Indiana.

Plaintiff did not make any argument about this being a scriveners

error which would have required it at the very least to be corrected

with notice. Instead it made no argument or effort to correct the

incorrect address shown on the judgment lien.

SECOND CAUSE OF ACTION CIVIL BREACH OF CONTRACT AS TO

Devon Maclennan-Cade Resolution Specialist, Regulatory Complaints,
Bank of America,

115. Counter claimants refers to and incorporates by reference

each foregoing and subsequent paragraph of this Answer/Counter

complaint as though fully set forth herein.

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116. Counter claimants and the Counter claim defendant, Devon

Maclennan-Cade, Resolution Specialist Regulatory Complaints for

the Bank of America, made an agreement in August of 2022.

117. The agreement was oral and in writing.

118. Under the agreement the parties were required to have former

borrower John Tiffany sign the third party authorization Bank of

America emailed by Devon Maclennan-Cade, Resolution Specialist

Regulatory Complaints for the Bank of America, and return same via

email before required Counter claimants to provide him signed

third party authorization in its name August 22, 2022, he would

respond in writing to our request for a payoff letter, cancel the

Sheriff sale and give Counter claimants 90 days to obtain a VA

mortgage, allow the congregation of Counter claimant Pastor Sims'

church to raise the funds to pay off 23778 Grove Street to use as a

parsonage or pay off the mortgage with cash.

119. Devon Maclennan-Cade, Resolution Specialist Regulatory

Complaints for the Bank of America, left a voice mail Thursday

August 24, 2022, acknowledging he received the former borrower

John Tiffany's sign the third party authorization and saying he could

now respond in writing to our request for a payoff letter, and giving

Counter claimants 90 days to obtain a VA mortgage.

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120. Devon Maclennan-Cade, Resolution Specialist Regulatory

Complaints for the Bank of America, sent Counter claimants paper

work showing a principle balance of $126,257.96.

121. Devon Maclennan-Cade, Resolution Specialist Regulatory

Complaints for the Bank of America, failed to comply with the

agreement as on October 24, 2022 Shannon O’Connell Egan, as

counsel for servicer Shellpoint, sent a letter to the Plaintiff that

stated what Devon Maclennan-Cade, Resolution Specialist

Regulatory Complaints for the Bank of America, provided was not

the pay-off and yet she again,in fact producing none.

122. Counter claimants seeks compensatory and punitive damages

in the amount of the original purchase price of the home of

$180,000.00 trebled as the above demonstrates acts taken with malice

in breaching the agreement between them and Devon Maclennan-

Cade, Resolution Specialist Regulatory Complaints for the Bank of

America.

THIRD CAUSE OF ACTION AS TO ALL COUNTER DEFENDANTS:

ACTION TO QUIET TITLE

123. Counter claimants refers to and incorporates by reference

each foregoing and subsequent paragraph of this Answer/Complaint

as though fully set forth herein.

41
124. Counter claimants refers to and incorporates by reference

each foregoing and subsequent paragraph of this Answer/Complaint

as though fully set forth herein.

125. Counter claimants are in possession of the property located at

23778 Grove Street, South Bend, Indiana 46628 by virtue of a quit

claim deed in the name of Mario L. Sims and Tiffiny Sims, subject to

a mortgage in the name of John Tiffany. John Tiffany's personal

liability for the mortgage was discharged via Chapter 7.

126. Counter claimants solely owns legal title to and sufficient

interest in the property and is thereby legal authorized to file this

quiet title action.

127. Counter claimants interest is valid while Bank of America's

competing interest is not.

128. Counter claimants files this quiet title action to remove a

cloud in title in the form of the lien held Bank of America created by

John Tiffany.

129. John Tiffany's personal liability was discharged and he

provided the Counter claimants and Bank of New York and its

servicer Bank of America with a third party authorization so

Counter claimants could negotiate with those entities to remove the

lien.

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 130. Bank of New York and Bank of America as servicer as shown

above has acted with unclean hands and in bad faith with respect to

the subject of the complaint and has violated Indiana's state

Constitution to unlawfully prevent and interfere with the Counter

claimants removing its lien/cloud on the title and therefore should

be permanently stayed from collecting John Tiffany's lien against

23778 Grove Street, South Bend, Indiana and the lien removed.

RELIEF REQUESTED

WHEREFORE, Counter Claimants respectfully requests the

following relief:

A. Counter Claimants re-alleges and incorporates by reference all of

the preceding paragraphs in this complaint,

B. Trial by jury on all issues so triable;

C. General and special compensatory damages;

D. Punitive damages;

E. Injunctive relief ordering ; temporary, preliminary, and

permanent injunctive relief prohibiting Counter claim Defendants from

engaging in further discriminatory conduct or from selling Mario and

Tiffiny Sims home via Sheriff sale or any other conveyance;

F. Such further and different relief as is just and proper or that is

necessary to make Mario and Tiffiny Sims whole.

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 Verification

We, Mario L. Sims, and Tiffiny Sims, verify under the penalties for
perjury the above and foregoing is true to the best of our knowledge and
belief.

/s/ Mario L. Sims

/s/ Tiffiny Sims

Respectfully submitted,

/s/ Mario L. Sims

Mario L. Sims
23778 Grove Street
South Bend, Indiana

/s/ Tiffiny Sims

Tiffiny Sims
23778 Grove Street
South Bend, Indiana

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 CERTIFICATE OF SERVICE

The undersigned hereby certifies that we served the ” via email to

Plaintiff’s counsel of record and all other counsels that have entered their
appearance by operation of the electronic docket this 11th day of June,
2023.

/s/ Mario L. Sims

/s/ Tiffiny Sims

Dated: June 11, 2023

45