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Photo of Fairfield Co

Court

Fairfield Co

Ohio

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Case Information

Filed 2022-08-22
Status CASE CLOSED
Type Petition For Cognovit
Docket 73 entries
Disposition voluntary dismissal

Parties

Plaintiff Peoples Bank
Defendant Music, Jonathan A
Photo of Hon. BERENS RICHARD E

Judge

Hon. BERENS RICHARD E

Fairfield County (OH)

Ohio

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Lawyers

Docket Entries

  1. DEPOSIT RECEIVED Receipt: 477727 Date: 07/24/2023
  2. DEPOSIT RECEIVED Receipt: 457673 Date: 08/22/2022
  3. AFFIDAVIT OF JAMES H. CANNON
  4. AFFIDAVIT OF KEVIN F. GARVEY IN SUPPORT OF COUNT ONE OF THE COMPLAINT
  5. ANSWER OF DEFENDANT AS TO COUNT ONE OF THE COMPLAINT Attorney: BEANE, ADAM A (80343)
  6. Issue Date: 08/24/2022 Service: ISSUE NOTICE Method: CERTIFIED MAIL SECOND FLOOR Cost Per: $10.00 MUSIC, JONATHAN A Tracking No: 9414726699042200928592 Receipt: 472382 Date: 04/25/2023
  7. ORDER AND JUDGMENT ENTRY ON COUNT ONE OF THE COMPLAINT Receipt: 472382 Date: 04/25/2023
  8. RULE 5
  9. PRECIPE AND INSTRUCTIONS FOR SERVICE Attorney: CANNON, JAMES H (0076793)
  10. CLERK'S CERTIFICATE OF CERTIFIED MAIL - COPY OF COGNOVIT LETTER, COMPLAINT, 2 AFFIDAVITS, ANSWER AND ORDER WAS MAILED TO JONATHAN A. MUSIC AT THE ADDRESS LISTED ON THE INSTRUCTIONS BY CERTIFIED MAIL ON AUGUST 24, 2022.
  11. NOTICE ON COGNOVIT Receipt: 472382 Date: 04/25/2023
  12. PRECIPE Attorney: CANNON, JAMES H (0076793)
  13. CERTIFICATE OF JUDGMENT FILED IN FAIRFIELD COUNTY IN FAVOR OF PEOPLES BANK AND AGAINST JONATHAN A. MUSIC IN THE AMOUNT OF $485,360.83, PLUS ACCRUED INTEREST OF $76,016.96, PLUS INTEREST AT THE DEFAULT RATE OF INTEREST AS SPECIFIED IN THE $682,000 NOTE FROM AUGUST 3, 2022, PLUS LATE FEES AND CHARGES OF $27,977.25, PLUS ATTORNEYS' FEES OF $9,780.00 PURSUANT TO R.C. 1319.02 AND COSTS
  14. ISSUED AND FILED CERTIFICATE OF JUDGMENT
  15. CERTIFIED MAIL RECEIPTS
  16. RECEIPT RETURNED ENDORSED Method : CERTIFIED MAIL SECOND FLOOR Issued : 08/24/2022 Service : ISSUE NOTICE Served : 08/25/2022 Return : 08/29/2022 On : MUSIC, JONATHAN A Signed By : PAIGE MUSIC Reason : RECEIPT RETURNED ENDORSED Comment : Tracking #: 9414726699042200928592
  17. NOTICE OF APPEARANCE AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  18. CONSENT TO PLEAD Attorney: CLARK, ANDREW C (0083519)
  19. NOTICE OF APPEAL Attorney: CLARK, ANDREW C (0083519)
  20. DOCKETING STATEMENT
  21. PRECIPE TO THE CLERK Attorney: CLARK, ANDREW C (0083519)
  22. NOTICE OF FILING OF APPEAL
  23. MOTION OF PLAINTIFF PEOPLES BANK TO EMPLOY A LOCKSMITH AND FOR A PADLOCK ORDER AND EXHIBITS Attorney: CANNON, JAMES H (0076793)
  24. MOTION OF PLAINTIFF PEOPLES BANK FOR AN ORDER AUTHORIZING SHERIFF TO FORCIBLY ENTER PROPERTY AND EXHIBITS Attorney: CANNON, JAMES H (0076793)
  25. NOTICE OF NON-ORAL HEARING TO BE HELD ON OCTOBER 17, 2022 AT 4:00 P.M.
  26. MOTION OF DEFENDANT JONATHAN A. MUSIC TO STRIKE PLAINTIFF PEOPLES BANK'S MOTIONS FOR AN ORDER AUTHORIZING SHERIFF TO FORCIBLY ENTER PROPERTY AND EMPLOY A LOCKSMITH AND FOR A PADLOCK ORDER FILED OCTOBER 3, 2022 AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  27. PLAINTIFF'S MEMORANDUM CONTRA TO DEFENDANT JONATHAN A. MUSIC'S MOTION TO STRIKE AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  28. MOTION OF DEFENDANT JONATHAN A. MUSIC TO STAY EXECUTION OF JUDGMENT ON THE PLEADINGS PENDING APPEAL AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  29. NOTICE OF FILING, CERTIFICATE OF SERVICE AND EXHIBIT A Attorney: CLARK, ANDREW C (0083519)
  30. ENTRY OVERRULING DEFENDANT'S MOTION TO STRIKE AND ORDERING PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION TO STAY EXECUTION WITHIN 14 DAYS Receipt: 472382 Date: 04/25/2023
  31. ANSWER AND CROSSCLAIM Receipt: 461064 Date: 10/21/2022
  32. COPIES FOR EFILE/FAX Receipt: 472382 Date: 04/25/2023
  33. ANSWER AND COUNTERCLAIM OF DEFENDANT JONATHAN A. MUSIC TO PLAINTIFF PEOPLES BANK'S COMPLAINT, CERTIFICATE OF SERVICE AND EXHIBITS Attorney: CLARK, ANDREW C (0083519)
  34. NOTICE OF FILING OF THE RECORD ON APPEALS
  35. MOTION OF DEFENDANT JONATHAN A. MUSIC FOR LEAVE TO FILE REPLY TO PLAINTIFF PEOPLES BANK'S MEMORANDUM CONTRA TO DEFENDANT'S MOTION TO STAY FILED OCTOBER 17, 2022 AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  36. ORDER GRANTING DEFENDANT LEAVE TO FILE REPLY TO MEMO CONTRA BY NOVEMBER 14, 2022. Receipt: 472382 Date: 04/25/2023
  37. PLAINTIFF'S MEMORANDUM CONTRA TO DEFENDANT JONATHAN A. MUSIC'S MOTION TO STAY AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  38. MOTION OF DEFENDANT JONATHAN A. MUSIC FOR RELIEF FROM JUDGMENT, CERTIFICATE OF SERVICE AND EXHIBIT A Attorney: CLARK, ANDREW C (0083519)
  39. REPLY OF DEFENDANT JONATHAN A. MUSIC TO PLAINTIFF PEOPLES BANK'S MEMORANDUM CONTRA TO MOTION FILED OCTOBER 17, 2022 AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  40. NOTICE OF CLARIFICATION OF RECORD AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  41. MOTION OF PLAINTIFF PEOPLES BANK TO DISMISS ALL COUNTS OF DEFENDANT JONATHAN A. MUSIC'S COUNTERCLAIM AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  42. MOTION OF PLAINTIFF PEOPLES BANK FOR EXTENSION OF TIME AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  43. ENTRY GRANTING STAY OF EXECUTION DURING PENDENCY OF DEFENDANT'S CIVIL RULE 60(B) MOTION FOR RELIEF FROM JUDGMENT Receipt: 472382 Date: 04/25/2023
  44. ORDER EXTENDING TIME TO FILE MEMORANDUM CONTRA Receipt: 472382 Date: 04/25/2023
  45. NOTICE OF NON-ORAL HEARING TO BE HELD ON DECEMBER 19, 2022 AT 4:00 P.M. REGARDING MOTION TO DISMISS COUNTERCLAIM
  46. NOTICE OF NON-ORAL HEARING TO BE HELD ON DECEMBER 2, 2022 AT 4:00 P.M. REGARDING MOTION FOR RELIEF FROM JUDGMENT
  47. MOTION OF DEFENDANT JONATHAN A. MUSIC FOR LEAVE TO FILE MEMORANDUM CONTRA TO PLAINTIFF PEOPLES BANK'S MOTION TO DISMISS FILED NOVEMBER 17, 2022 AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  48. ORDER Receipt: 472382 Date: 04/25/2023
  49. PLAINTIFF'S MEMORANDUM CONTRA TO DEFENDANT JONATHAN A. MUSIC'S MOTION FOR RELIEF FROM JUDGMENT, CERTIFICATE OF SERVICE AND EXHIBITS Attorney: CANNON, JAMES H (0076793)
  50. COURT OF APPEALS, JUDGMENT ENTRY GRANTING APPELLANT'S MOTION TO REMAND. MATTER REMANDED TO TRIAL COURT TO ALLOW THE TRIAL COURT TO RULE ON THE PENDING MOTION FOR RELIEF FROM JUDGMENT ON OR BEFORE JANUARY 9, 2023.
  51. ENTRY GRANTING EVIDENTIARY HEARING ON DEFENDANT'S CIVIL RULE 60 (B) MOTION FOR RELIEF FROM JUDGMENT Receipt: 472382 Date: 04/25/2023
  52. MEMORANDUM CONTRA OF DEFENDANT JONATHAN A. MUSIC TO PLAINTIFF PEOPLES BANK'S MOTION TO DISMISS ALL COUNTS OF DEFENDANT JONATHAN A. MUSIC'S COUNTERCLAIM FILED NOVEMBER 17, 2022 AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  53. REPLY OF PLAINTIFF PEOPLES BANK TO DEFENDANT JONATHAN A. MUSIC'S MEMORANDUM CONTRA TO ITS MOTION TO DISMISS ALL COUNTS OF DEFENDANT'S COUNTERCLAIM, CERTIFICATE OF SERVICE AND EXHIBITS Attorney: CANNON, JAMES H (0076793)
  54. NOTICE OF ORAL HEARING TO BE HELD ON JANUARY 27, 2023 AT 10:00 A.M.
  55. DEFENDANT JONATHAN A. MUSIC'S NOTICE OF ISSUANCE OF SUBPOENAS, CERTIFICATE OF SERVICE AND ATTACHMENTS Attorney: CLARK, ANDREW C (0083519)
  56. COPIES FOR EFILE/FAX Receipt: 472382 Date: 04/25/2023
  57. MOTION OF PLAINTIFF PEOPLES BANK TO QUASH SUBPOENAS, CERTIFICATE OF SERVICE AND EXHIBITS Attorney: CANNON, JAMES H (0076793)
  58. MOTION OF PLAINTIFF PEOPLES BANK FOR PROTECTIVE ORDER, CERTIFICATE OF SERVICE AND EXHIBITS Attorney: CANNON, JAMES H (0076793)
  59. JOINT MOTION OF PLAINTIFF PEOPLES BANK AND DEFENDANT JONATHAN A. MUSIC FOR EXTENSION OF TIME AND TO CONTINUE HEARING Attorney: CANNON, JAMES H (0076793) Attorney: CLARK, ANDREW C (0083519)
  60. ENTRY GRANTING JOINT MOTION FOR EXTENSION OF TIME AND TO CONTINUE HEARING Receipt: 472382 Date: 04/25/2023
  61. ORDER Receipt: 472382 Date: 04/25/2023
  62. NOTICE OF DEFENDANT JONATHAN A. MUSIC'S WITHDRAW OF SUBPOENAS AND VOLUNTARY DISMISSAL OF COUNTERCLAIM WITH PREJUDICE AND CERTIFICATE OF SERVICE Attorney: CLARK, ANDREW C (0083519)
  63. STIPULATION OF DISMISSAL OF APPEAL
  64. NOTICE OF VOLUNTARY DISMISSAL OF COUNT TWO OF THE COMPLAINT WITH PREJUDICE AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  65. MOTION OF PLAINTIFF PEOPLES BANK TO VACATE JUDGMENT AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  66. RELEASE OF CERTIFICATE OF JUDGMENT LIEN Attorney: CANNON, JAMES H (0076793)
  67. NOTICE OF NON-ORAL HEARING TO BE HELD ON APRIL 6, 2023 AT 4:00 P.M.
  68. ORDER VACATING JUDGMENT Receipt: 472382 Date: 04/25/2023
  69. NOTICE OF VOLUNTARY DISMISSAL OF COUNT ONE OF THE COMPLAINT WITH PREJUDICE AND CERTIFICATE OF SERVICE Attorney: CANNON, JAMES H (0076793)
  70. FINAL PAGE RECORD CHARGES Receipt: 472382 Date: 04/25/2023 Receipt: 477810 Date: 07/25/2023
  71. Cost statement sent. Issued by Regular Mail. PEOPLES BANK was sent bill for $400.75. Printed on 04/25/2023 14:54:49.78.
  72. REFUND: BALANCE OF A & C DEPOSIT
  73. SECOND NOTICE Cost statement sent. Issued by Regular Mail. PEOPLES BANK was sent bill for $400.75. Printed on 06/29/2023 11:54:54.88.

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