Filed: 6/8/2023 4:52 PM

St. Joseph Circuit Court

St. Joseph County, Indiana

STATE OF INDIANA ) ST. JOSEPH CIRCUIT COURT

)SS:
COUNTY OF ST.JOSEPH ) 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. )

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

NOW COMES the Defendant Mario Sims (“Pastor Sims”), pro se, pursuant

to IC § 34-35-1-1, Sections (3) and (7), Ind. Trial Rule 12(B)(3), Ind. Trial Rule 76

(A), moves for a change of venue from St. Joseph County, and in support states

Pastor Mario Sims will be unlikely to receive a fair trial due to local prejudice,

bias regarding him as a party, the claim and defenses presented by a party, and

would show as follows:

Background

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

year: buy a home. 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. 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

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the property at 23778 Grove Street which Mario Sims, who as a honorably

Discharged United States Marine qualified for and simply needed John

Tiffany’s agreement. 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. 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 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. 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

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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 Shanon Egan, which Mario

Sims will never do.

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.

FACTS SUPPORTING VENUE CHANGE FROM ST. JOSEPH COUNTY

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

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

Joseph County.

2. 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.

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

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

Joseph County itself.

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4. 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.

5. 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

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 Sims criminal case where he had been falsely charged with raping

his then wife.

6. 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 this 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 Pastor of Doulos Chapel, 608 South St. Joseph Street,

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

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

another Reporter.

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.

She then recorded an interview of Pastor Sims.

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 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.

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.

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 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.

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.

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. 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.

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 Reporter Alexis Rivas Shear stated it was okay though for Pastor Sims to

act on what she had told him.

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 had bragged about

planting evidence to gain convictions of black defendants.

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.

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. To shore up the false case against Pastor Sims,

Tim Corbett fabricated evidence. Based on the force of the fabricated evidence

by Tim Corbett, Plaintiff 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.

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 Mayor Buttigieg’s Chief of

Staff, City of South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw,

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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

crimnal acts they heard.

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.”

7. Further reasons to change venue and acts of bias and prejudice are,

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

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

Joseph County Board of Health regarding the church and other

entities.

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8. 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.

9. 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.

10.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 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.

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

manipulated and ignored the settled law in filings by Mario and

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 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.

12.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.

13.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.

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

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

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.

15.Pursuant to requirements of statute, Mario Sims has attached his

sworn affidavit.

16.The ends of justice would be promoted.

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 Verification

I, Pastor Mario L. Sims, verify under the penalties for perjury the above
and foregoing is true to the best of my knowledge and belief.

/s/ Mario L. Sims

WHEREFORE, the Defendant, Mario Sims, pro se, respectfully requests

this Court grant change of venue of County and for all other just, equitable,

and proper relief in the premises.

Respectfully submitted,

/s/ Mario L. Sims

Mario L. Sims
23778 Grove Street
South Bend, Indiana

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STATE OF INDIANA ) ST. JOSEPH CIRCUIT COURT
)SS:
COUNTY OF ST.JOSEPH ) 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. )

AFFIDAVIT OF MARIO L. SIMS IN SUPPORT OF HIS VERIFIED MOTION FOR

CHANGE OF VENUE OF COUNTY BECAUSE OF SYSTEMIC DOCUMENTED
CORRUPTION IN ST. JOSEPH COUNTY DIRECTED AGAINST MARIO L. SIMS
FOR DECADES

Mario L. Sims, being first duly sworn upon his oath, deposes and states:

1. We have personal knowledge of things contained in this affidavit.

2. I can testify , produce witnesses, credible admissible documents, videos,

records, files and proof supporting every statement I have made in my

VERIFIED MOTION FOR CHANGE OF VENUE OF COUNTY BECAUSE

OF SYSTEMIC DOCUMENTED CORRUPTION IN ST. JOSEPH COUNTY

DIRECTED AGAINST MARIO L. SIMS FOR DECADES if required at any

hearing or at trial of this matter.

3. As a United States Marine Corps honorable discharged veteran who

swore to protect this country from enemies within and without, I stand

against this corruption and pledge to stand against it and expose it with

every legalmeans accoreded by the Indiana Constitution.

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 I affirm under the penalties of perjury that the forgoing is true and

correct to the best of my knowledge, information and belief.

Signed: June 8, 2023

/s/Mario L. Sims
Mario L. Sims
23778 Grove Street, South Bend, IN 46628

CERTIFICATE OF SERVICE

The undersigned hereby certifies that we served the “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” with supporting

affidavit, via email to Plaintiff’s counsel of record and all other counsels that

have entered their appearance by operation of the electronic docket this 8th

day of June, 2023.

/s/ Mario L. Sims

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