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Case Information
Filed
2022-05-04
Status
CLOSED
Type
Civil Austintown
Docket
56 entries
Disposition
dismiss
Parties
Plaintiff
Simmons Bank
Defendant
Pezzenti, Albert F|Pezzenti, Deborah A
Lawyers
Docket Entries
- $0.00
- PERSONAL SERVICE FILED Attorney: SLOVIN, RANDY T (37536) Receipt: 396832 Date: 05/04/2022
- ADDITIONAL DEFENDANTS Receipt: 396832 Date: 05/04/2022
- Issue Date: 05/04/2022 Service: SUMMONS ISSUED Method: (A) PERSONAL SERVICE Provider: AUSTINTOWN POLICE DEPARTMENT Cost Per: $ PEZZENTI, ALBERT F 5737 TULANE AVENUE PO BOX 4095 YOUNGSTOWN, OH 44515 Tracking No: P000005331 PEZZENTI, DEBORAH A 5737 TULANE AVENUE PO BOX 4095 YOUNGSTOWN, OH 44515 Tracking No: P000005332
- SUCCESSFUL SERVICE Method : (A) PERSONAL SERVICE Issued : 05/04/2022 Service : SUMMONS ISSUED Served : 05/05/2022 Return : 05/06/2022 On : PEZZENTI, ALBERT F Signed By : Reason : (A) SUCCESSFUL SERVICE Comment : RESIDENCE SERVICE FOR DEFT ALBERT F PEZZENTI BY PTL SNYDER #105 Tracking #: P000005331
- SUCCESSFUL SERVICE Method : (A) PERSONAL SERVICE Issued : 05/04/2022 Service : SUMMONS ISSUED Served : 05/05/2022 Return : 05/06/2022 On : PEZZENTI, DEBORAH A Signed By : Reason : (A) SUCCESSFUL SERVICE Comment : RESIDENCE SERVICE: POSTED AT RESIDENT ON DEFT DEBORAH A PEZZENTI BY PTL SNYDER #105 Tracking #: P000005332
- AUSTINTOWN TWP FEES Receipt: 398448 Date: 06/10/2022
- ATP MILEAGE Receipt: 398448 Date: 06/10/2022
- ANSWER FILED BY DEFENDANTS ALBERF F PEZZENTI AND DEBORAH PEZZENTI PR0-SE
- HEARING SCHEDULED Event: CIVIL PRE TRIAL Date: 07/29/2022 Time: 9:45 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4
- NOTICE OF CIVIL PRE TRIAL SENT TO ATTY RANDY T SLOVIN (ATTACHED COPY OF ANSWER), ALBERT F PEZZENTI AND DEBORAH A PEZZENTI
- LETTER FROM HOSPITAL RECEIVED ON BEHALF OF DEFENDANT ALBERT PEZZENTI . LETTER PLACED IN FILE
- PRE TRIAL HELD ON THE 29TH DAY OF JULY, 2022. COUNSEL FOR PLAINTIFF PRESENT (ATTY RANDY T SLOVIN). DEFENDNAT NOT PRESENT. DISPOSITION TO BE COMPLETED IN 60 DAYS. DISPOSITIVE MOTIONS, IF ANY, FILED IN 90 DAYS. TRIAL TO BENCH. SET BENCH TRIAL FOR 120 DAYS. /S/MAGISTRATE DONALD J DESANTO
- HEARING SCHEDULED-CONTINUED Event: CIVIL TRIAL Date: 12/09/2022 Time: 11:00 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: CONTINUED
- NOTICE OF CIVIL PRE TRIAL SENT TO ATTY RANDY L SLOVIN, ALBERT F PEZZNTI AND DEBORAH A PEZZENTI
- MOTION FOR SUMMARY JUDGMENT AS TO DEBORAH A PEZZENTI FILED Attorney: SLOVIN, RANDY T (37536)
- HEARING SCHEDULED-CONTINUED Event: NON-ORAL HEARING - MOTION FOR SUMMARY JUDGMENT Date: 10/28/2022 Time: 11:00 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: CONTINUED
- NOTICE OF NON-ORAL HEARING SENT TO ATTORNEY SLOVIN, ALBERT PEZZENTI AND DEBORAH PEZZENTI
- NOTICE OF APPEARANCE ON BEHALF OF DEFENDANT DEBORAH PEZZENTI FILED BY Attorney: BAKER ESQ, BRENT E (71927)
- MOTION FOR EXTENSION OF TIME AND TO CONTINUE TRIAL FILED BY Attorney: BAKER ESQ, BRENT E (71927)
- ORDER: THIS CAUSE IS BEFORE THE COURT ON THE MOTION OF DEFENDANT, DEBORAH A PZZENTI, SEEKING AN EXTENSION OF TIME BY WHICH TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO CONTINUE THE TRIAL CURRENTLY SCHEDULED FOR DECEMBER 9, 2022 AT 11:00 AM. THE COURT FINDS SAID MOTION WELL TAKEN AND THEREFORE THE MOTION IS GRANTED. SAID DEFENDANT IS GIVEN AN EXTENSION OF TIME BY WHICH TO RESPOND TO THE PLAINTIFF'S SUMMARY JUDGMENT MOTIN UNTIL ON OR BEFORE NOVEMBER 4, 2022. THE TRIAL OF THIS MATTER IS CONTINUED UNTIL FURTHER ORDER OF THE COURT. IT IS SO ORDERED. /S/DJD /S/JUDGE SCOTT D HUNTER
- ORDER: THIS CAUSE IS BEFORE THE COURT ONTHE MOTION OF DEFENDANT DEBORAH A PEZZENTI SEEING AN EXTENSION OF TIME BY WHICH TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO CONTINUE THE TRIAL CURRENTLY SCHEDULED FOR DECEMBER 9, 2022 AT 11:00 AM. THE COURT FINDS THE PARTIES ARE IN AGREEMENT AS TO SAID DEFENDANT'S REQUEST FOR AN EXTENSIO NOF TIME BY WHICH TO RESPOND TO PLAINTIFF'S MOTION AND FOR A CONTINUANCE OF THE TRIAL. ACCORDINGLY DEFENDANT DEBORAH PEZZENTI IS GRANTED AN EXTENSION OF TIME UNTIL ON FOR BEFORE NOVEMBER 30, 2022 BY WHICH TO RESPOND TO THE PLAINTIFF'S SUMMARY JUDGMENT MOTION AND THE TRIAL OF THIS MATTER IS CONTINUED UNTIL FURTHER ORDER OF THIS COURT. IT IS SO ORDERED. /S/DJD /S/JUDGE SCOTT D HUNTER
- HEARING SCHEDULED Event: NON-ORAL HEARING - MOTION FOR SUMMARY JUDGMENT Date: 12/22/2022 Time: 11:00 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4
- ENTRY OF 10/31/22 AND NOTICE OF NON ORAL HEARING SENT TO ATTY RANDY T SLOVIN AND ATTY BRENT E BAKER
- DEFENDANT DEBORAH PEZZENTI'S REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED BY Attorney: BAKER ESQ, BRENT E (71927)
- DECISION OF MAGISTRATE: This matter came on for non-oral hearing on December 22, 2022 on the Plaintiff's Motion filed September 12, 2022 for Summary Judgment as to Defendant, Deborah A. Pezzenti, only, and the Defendant, Deborah A. Pezzenti's Reply in opposition filed November 30, 2022. PRESENT WERE Neither party nor counsel was required to appear as the matter was considered by way of non-oral hearing. FINDINGS OF FACT 1. The Plaintiff filed its complaint on May 2, 2022. In such complaint plaintiff alleges that the defendants entered into an agreement with plaintiff for an extension of credit. Plaintiff further alleges that the defendants incurred charges of $5,346.02 for which payment has not been made. Plaintiff alleges the defendants are in breach of contract and requests judgment in the amount of $5,346.02 plus statutory interest and costs. The defendants filed an answer on May 31, 2022 generally denying the allegations and averments of the complaint. Such answer appears to reflect the signatures of both defendants. 2. In its motion for summary judgment the plaintiff alleges that it issued requests for admission to the defendant, Deborah A. Pezzenti, on June 16, 2022 which requests required responses within 30 days thereafter. Plaintiff maintains that no such responses were received. Plaintiff cites not only Civil Rule 36(A), but also applicable case law, reflecting that requests for admission are self-executing and failure to respond to same results in the defaulted admissions becoming deemed facts. Plaintiff further argues that it has attached to its motion an affidavit by an agent familiar with the books and accounts of the plaintiff establishing the principal sum of 5,346.02 as being due and owing. Plaintiff therefor concludes that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. 3. In her response in opposition the defendant, Deborah A. Pezzenti, argues that she does not reside at 5737 Tulane Avenue, Youngstown, Ohio nor does she receive mail at PO Box 4095, Youngstown, Ohio, the address listed in the complaint. Attached to her response is an affidavit wherein the defendant indicates that she has not resided at the Tulane Avenue address since April 1, 2021 nor received her mail at the post office box listed in the complaint since the middle of March, 2021. Both of such dates predate the filing of the complaint herein by more than one year. The defendant further indicates in her affidavit that she did not receive a copy of the complaint and summons in this case nor the requests for admission. She further indicates that she never saw the answer referenced as being filed on May 31, 2022. 4. Courts have uniformly held that service pursuant to the Civil Rules creates a rebuttable presumption of service of process. As stated in Rafalski v. Oates, (1984) 17 Ohio App. 3d 65 (Ct. of Appeals - Cuyahoga County), We agree with the appellant that there is a presumption of proper service where the Civil Rules on service are followed. However, this presumption is rebuttable by sufficient evidence. Citing, Grant v. Ivy, (1980) 69 Ohio App.2d 40 . . . Appellant has presented no evidence to show that appellee actually received service. It is reversible error for a trial court to disregard unchallenged testimony that a person did not receive service. Citing, Hayes v. Kentucky Joint Stock Land Bank of Lexington, (1932) 125 Ohio St. 359. 5. Civil Rule 56(E) provides that, When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings, but the party's response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. Based upon the unchallenged affidavit of defendant, Deborah A. Pezzenti, the Court finds that there was no service of process upon such defendant and hence reliance upon alleged unanswered requests for admission is misplaced. Such affidavit establishes that there are genuine issues of material fact which would preclude summary judgment. DECISION 1. Plaintiff's motion for summary judgment is overruled. IT IS SO ORDERED. /S/JUDGE SCOTT D HUNTER Pursuant to Civil Rule 53(D)(3)(a)(iii) a party shall not assign as error the court's adoption of any factual finding or legal conclusion, whether or not specifically designated as a finding of fact or conclusion of law under Civil Rule 53(D)(3)(a)(ii), unless the party timely and specifically objects to that factual finding or legal conclusion as required by Civil Rule 53(D)(3)(b).
- HEARING SCHEDULED-CONTINUED BY THE COURT Event: CIVIL PRE TRIAL Date: 03/03/2023 Time: 9:45 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: CONTINUED BY JUDGE
- DECISION OF MAGISTRATE AND NOTICE OF CIVIL PRE TRIAL SENT TO ATTY RANDY T SLOVIN AND ATTY BRENT E BAKER
- JOURNAL ENTRY ADOPTING THE MAGISTRATE'S DECISION: The attached decision was filed by the Magistrate of this Court on 1/6/23. The Court finds that no written objections have been timely filed. The Court has conducted an independent review of the Magistrate's Decision and finds that such Decision is well supported and there is no error or defect on the face of such Decision. Accordingly, such attached Magistrate's Decision is adopted in its entirety, pursuant to Civil Rule 53(D)(4), as a permanent Order of the Court. /SJUDGE JOE SCHIAVONI
- HEARING SCHEDULED Event: CIVIL PRE TRIAL Date: 03/17/2023 Time: 9:45 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4
- NOTICE OF NEW HEARING DATE AND CANCELLED DATE SENT TO THE PARTIES
- PRE TRIAL HELD ON THE 17TH DAY OF MARCH, 2023. COUNSEL FOR PLAINTIFF PRESENT (ATTY RANDY T SLOVIN). DEFENDANT DEBORAH PEZZENTI APPEARED. DEFENDANT ALBERT PEZZENTI, IS NOW DECEASED. DISCOVERY TO BE COMPLETED IN 60 DAYS. DISPOSITIVE MOTIONS, IF ANY, FILED IN 90 DAYS. TRIAL TO BENCH. SET BENCH TRIAL FOR 120 DAYS. DEFENDANT, DEBORAH A PEZZENTI AFFORDED 14 DAYS TO FILE AN ANSWER. /S/MAGISTRATE DONALD J DESANTO
- HEARING SCHEDULED-DISMISSED Event: CIVIL TRIAL Date: 07/21/2023 Time: 11:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: DISMISSED
- MOTION FOR LEAVE TO FILE ANSWER INSTANTER FILED BY Attorney: BAKER ESQ, BRENT E (71927)
- JUDGMENT ENTRY: DEFENDANT, DEBORAH PEZZENTI IS GRANTED LEAVE TO FILE HER ANSWER, INSTANTER. IT IS SO ORDERED. /S/DJD /S/JUDGE SCOTT D HUNTER
- JUDGMENT ENTRY: DEFENDANT, DEBORAH PEZZENTI IS GRANTED LEAVE TO FILE HER ANSWER, INSTANTER. IT IS SO ORDERED.
- ANSWER OF DEFENDANT, DEBORAH PEZZENTI FILED BY Attorney: BAKER ESQ, BRENT E (71927)
- ENTRY OF 4/24/23 SENT TO ATTY RANDY L SLOVIN AND ATTY BRENT E BAKER
- DISMISSAL WITHOUT PREJUDICE FILED BY Attorney: SLOVIN, RANDY T (37536)
- ENTRY: THE ABOVE ACTION IS DISMISSED WITHOUT PREJUDICE AT THE PLAINTIFF'S COSTS. /S/JUDGE SCOTT D HUNTER
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
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