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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-02
Status INACTIVE
Type Commercial Docket
Docket 43 entries

Parties

Plaintiff Fifth Third Bank, N.a.
Defendant Simoni's Landscaping And Chores, Llc.|Jacob Oliver Simoni Avila
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT
  2. EPOSIT AMOUNT PAID WELTMAN WEINBERG & REIS CO., L.P.A.
  3. ASE REFUND TO WELTMAN WEINBERG & REIS CO., L.P.A.
  4. ERTIFIED MAIL NUMBER 50809090 ADDRESSED TO JACOB OLIVER SIMONI AVILA(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  5. UDGMENT AMT: $30,882.21 RENDERED BY: CP CUYAHOGA ORIGINATING CASE NO.: CV23978845 JUDGMENT LIEN CASE#: JL23170845 CREDITOR: FIFTH THIRD BANK DEBTOR: SIMONI'S LANDSCAPING AND CHORES, LLC., ETAL. INTEREST AT: 15.36% INTEREST FROM DATE: 07/18/2023 COSTS: 0.00 JUDGMENT DATE: 07/18/2023 DOCKET (JOURNAL): PAGE: TIME FILED: 08/01/2023 14:16:33 LIEN COST: 25 PAID BY: WELTMAN WEINBERG & REIS CO., L.P.A. SERIAL NUMBER: ACCOUNT NUMBER:
  6. OCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 152690661 07/18/2023 JE)
  7. THE EARLIER ENTRY OF THE COURT IS STRICKEN AS IT CONTAINS A CLERICAL ERROR. THE FOLLOWING ENTRY IS SUBSTITUTED: PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. COUNSEL FOR PLAINTIFF APPEARED; NEITHER DEFENDANTS NOR COUNSEL FOR DEFENDANTS APPEARED. A HEARING WAS HELD. UPON THE EVIDENCE PRESENTED, THE COURT FINDS THAT PROPER SERVICE OF PROCESS ON DEFENDANTS HAVE BEEN OBTAINED, THAT DEFENDANTS HAVE FAILED TO PLEAD OR OTHERWISE RESPOND WITHIN THE TIME PERIOD SPECIFIED UNDER CIV.R. 12, AND THAT PLAINTIFF IS ENTITLED TO JUDGMENT AS BELOW IN PLAINTIFF'S FAVOR AGAINST THE DEFENDANTS IN DEFAULT. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT PURSUANT TO CIV.R. 55, DEFAULT JUDGMENT IS HEREBY RENDERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS SIMONI'S LANDSCAPING AND CHORES, LLC, AND JACOB OLIVER SIMONI AVILA, JOINTLY AND SEVERALLY, IN THE AMOUNT OF $30,882.21. DEFENDANTS TO PAY POST-JUDGMENT INTEREST AT THE APPLICABLE CONTRACT RATE OF 15.36% FROM THE DATE OF JUDGMENT, PLUS COSTS OF THIS ACTION. FINAL. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  8. FFIDAVIT FILED BY P1 FIFTH THIRD BANK, N.A. ATTORNEY ROBERT B WELTMAN 0008230 AFF NON MIL
  9. FFIDAVIT FILED BY P1 FIFTH THIRD BANK, N.A. ATTORNEY ROBERT B WELTMAN 0008230 AFF OF PLAINTIFF
  10. OTION FOR DEFAULT JUDGMENT MDJ 07/18/2023 - GRANTED
  11. ERTIFIED MAIL NUMBER 50544079 ADDRESSED TO JACOB OLIVER SIMONI AVILA(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  12. RETRIAL CONFERENCE SET FOR 07/18/2023 AT 10:30 AM. PRE-TRIAL WILL BE HELD BY TELEPHONE UNLESS OTHER ARRANGEMENTS ARE MADE AT LEAST ONE WEEK IN ADVANCE. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE HEARING OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. IF DEFENDANT(S) FAIL TO RESPOND TO THE COMPLAINT, THE PRE-TRIAL WILL BE CONVERTED TO A DEFAULT HEARING WITHOUT FURTHER WARNING. LITIGANTS WHO PLAN TO REPRESENT THEMSELVES OR HAVE NOT YET HIRED AN ATTORNEY MAY CONTACT THE STAFF ATTORNEY AT ANY TIME TO INQUIRE ABOUT THE COURT PROCESS AND TO MAKE ARRANGEMENTS TO APPEAR. THE STAFF ATTORNEY CAN BE CONTACTED AT [email protected] OR 216.443.8591. DEFENDANTS IN DEBT COLLECTION CASES MAY CONTACT THE COURT RESOURCE CENTER AT 216.443.8204 OR [email protected] FOR ADDITIONAL ASSISTANCE. DEFENDANTS MAY ALSO WISH TO CONTACT THE CLEVELAND LEGAL AID SOCIETY (HTTPS://LASCLEV.ORG/CONTACT/) OR SCRANTON ROAD LEGAL CLINIC (HTTPS://SCRANTONROADMINISTRIES.ORG/LEGAL) FOR LEGAL ADVICE. LITIGANTS NEED NOT PARTICIPATE IF THEY ARE REPRESENTED BY COUNSEL, BUT MAY PARTICIPATE AT ANY COURT DATE. FAILURE OF PRO SE PLTF OR PLTF'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN ACTION BEING DISMISSED. FAILURE OF PRO SE DEFT OR DEFT'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN COURT HOLDING EX PARTE TRIAL OR WILL RESULT IN ENTRY OF DEFAULT JUDGMENT. JUDGE MICHAEL J. RUSSO'S STANDING ORDERS AND LITIGATION PREFERENCES ARE AVAILABLE ON HIS PROFILE ON THE COURT'S WEBSITE. THE PARTIES ARE EXPECTED TO HAVE COMPLIED WITH THE PRE-TRIAL DISCLOSURES REQUIRED BY CIV. R. 26 PRIOR TO THE FIRST PRE-TRIAL. FAILURE TO COMPLY WITH CIV.R 26 WILL RESULT IN THE COURT SETTING A DISCOVERY HEARING WITH THE POSSIBILITY OF DISMISSAL OR DEFAULT JUDGMENT FOR FAILING TO COMPLY. THE PARTIES MAY REQUEST ORAL ARGUMENT OR FORMAL HEARING ON ANY MATTER BY CONTACTING THE STAFF ATTORNEY. ANY COURT DATE MAY BE HELD IN PERSON, BUT THE PARTIES MUST MAKE ARRANGEMENTS IN ADVANCE BY CONTACTING THE STAFF ATTORNEY. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  13. UMS COMPLAINT(50809090) SENT BY CERTIFIED MAIL. TO: JACOB OLIVER SIMONI AVILA 13910 SHAWNEE TRAIL CLEVELAND, OH 44130
  14. UMS COMPLAINT(50805432) SENT BY REGULAR MAIL SERVICE. TO: JACOB OLIVER SIMONI AVILA 6402 LUELDA AVENUE PARMA, OH 44129-0000 ANSWER DATE: 07/05/2023
  15. UMMONS E-FILE COPY COST
  16. RIT FEE
  17. UMMONS E-FILE COPY COST
  18. RIT FEE
  19. RAECIPE FILED FIFTH THIRD BANK VS SIMONI'S LANDSCAPING
  20. ERTIFIED MAIL RECEIPT NO. 50544080 RETURNED 5/30/2023 FAILURE OF SERVICE ON DEFENDANT SIMONI AVILA/JACOB/OLIVER - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  21. ERTIFIED MAIL RECEIPT NO. 50544078 RETURNED 5/30/2023 FAILURE OF SERVICE ON DEFENDANT SIMONI'S LANDSCAPING AND CHORES, LLC. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  22. SPS RECEIPT NO. 50544077 DELIVERED BY USPS 05/06/2023 SIMONI'S LANDSCAPING AND CHORES, LLC. PROCESSED BY COC 05/10/2023.
  23. UMS COMPLAINT(50544080) SENT BY CERTIFIED MAIL. TO: JACOB OLIVER SIMONI AVILA 6402 LUELDA AVENUE PARMA, OH 44129-0000
  24. UMS COMPLAINT(50544079) SENT BY CERTIFIED MAIL. TO: JACOB OLIVER SIMONI AVILA 13910 SHAWNEE TRAIL CLEVELAND, OH 44130
  25. UMS COMPLAINT(50544078) SENT BY CERTIFIED MAIL. TO: SIMONI'S LANDSCAPING AND CHORES, LLC. 6402 LUELDA AVENUE PARMA, OH 44129-0000
  26. UMS COMPLAINT(50544077) SENT BY CERTIFIED MAIL. TO: SIMONI'S LANDSCAPING AND CHORES, LLC. 13910 SHAWNEE TRAIL CLEVELAND, OH 44130
  27. UMMONS E-FILE COPY COST
  28. UMMONS E-FILE COPY COST
  29. RIT FEE
  30. RIT FEE
  31. RIT FEE
  32. UMMONS E-FILE COPY COST
  33. UMMONS E-FILE COPY COST
  34. RIT FEE
  35. UDGE MAUREEN CLANCY ASSIGNED (RANDOM); COMMERCIAL DOCKET CASE, REASSIGNED TO JUDGE MICHAEL J RUSSO (RANDOM)
  36. UDGE MAUREEN CLANCY ASSIGNED (RANDOM)
  37. EGAL RESEARCH
  38. EGAL NEWS
  39. EGAL AID
  40. OURT SPECIAL PROJECTS FUND
  41. OMPUTER FEE
  42. LERK'S FEE
  43. EPOSIT AMOUNT PAID ROBERT B WELTMAN

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