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Photo of Muskingum Co

Court

Muskingum Co

Ohio

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Case Information

Filed 2023-08-14
Status Closed
Type Ce Foreclosures
Docket 62 entries
Disposition other terminations

Parties

Plaintiff The Park National Bank
Defendant Mcclellan, Timothy A|Mcclellan, Tammy S|Unknown Spouse Of Timothy A Mcclellan|Unknown Spouse Of Tammy S Mcclellan|Unknown Tenant|Ohio, State Of, Department Of Taxation|Lvnv Funding Llc|Muskingum County Treasurer
Photo of Hon. COTTRILL KELLY J

Judge

Hon. COTTRILL KELLY J

Muskingum County (OH)

Ohio

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Lawyers

Docket Entries

  1. REFUND CHECK ISSUED FROM DEPOSIT TO TIMOTHY A MCCLELLAN
  2. PRELIMINARY JUDICIAL REPORT FILED.
  3. DEPOSIT ON NEW CIVIL CASE FILED. Receipt: 215543 Date: 08/15/2023
  4. COPIES OF SUMMONS, COMPLAINT, AND THE FOLLOWING SENT BY CERTIFIED MAIL Receipt: 221316 Date: 04/25/2024
  5. CERTIFIED MAIL ISSUED Issue Date: 08/15/2023 Service: INITIAL SERVICE / CIVIL Method: CERTIFIED MAIL/CIVIL Cost Per: 0.0000 TIMOTHY A MCCLELLAN HOME ADDRESS 6425 ROCKVILLE ROAD BLUE ROCK, OH 43720 Tracking Number: 941472669904220064117 TAMMY S MCCLELLAN HOME ADDRESS 13 W 3RD STREET, APT A FRAZEYSBURG, OH 43822 Tracking Number: 941472669904220064118 UNKNOWN SPOUSE OF TIMOTHY A MCCLELLAN HOME ADDRESS 6425 ROCKVILLE ROAD BLUE ROCK, OH 43720 Tracking Number: 941472669904220064119 UNKNOWN SPOUSE OF TAMMY S MCCLELLAN HOME ADDRESS 13 W 3RD STREET, APT A FRAZEYSBURG, OH 43822 Tracking Number: 941472669904220064120 UNKNOWN TENANT HOME ADDRESS 9890 SHANNON ROAD FRAZEYSBURG, OH 43822 Tracking Number: 941472669904220064121 OHIO, STATE OF, DEPARTMENT OF TAXATION HOME ADDRESS PO BOX 530 COLUMBUS, OH 43216 Tracking Number: 941472669904220064122 LVNV FUNDING LLC HOME ADDRESS 55 BEATTIE PL, 110 MS 252 GREENVILLE, SC 29601 Tracking Number: 941472669904220064123 Receipt: 221316 Date: 04/25/2024
  6. COPY OF SUMMONS AND COMPLAINT ISSUED THEN HAND DELIVERED TO MUSKINGUM COUNTY TREASURER. RESIDENTIAL SERVICE WAS MADE ON MUSKINGUM COUNTY TREASURER BY PERSONALLY SERVING COPY OF SUMMONS AND COMPLAINT TO: DENNIS DOVE, ASST PROS. ATTY. ON: 8/15/2023; SERVED BY: C. BOYD - DEPUTY CLERK Receipt: 221316 Date: 04/25/2024
  7. ANSWER OF DEFENDANT, TODD A HIXSON, TREASURER OF MUSKINGUM COUNTY, OHIO & CERTIFICATE OF SERVICE FILED BY: ATTY DENNIS DOVE, ASST PROS ATTY
  8. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. UNKNOWN SPOUSE OF TAMMY S MCCLELLAN.
  9. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. TAMMY S MCCLELLAN.
  10. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. STATE OF OHIO DEPT OF TAXATION.
  11. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. LVNV FUNDING LLC.
  12. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. TIMOTHY A MCCLELLAN.
  13. RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. UNKNOWN SPOUSE OF TIMOTHY A MCCLELLAN.
  14. ANSWER OF STATE OF OHIO DEPARTMENT OF TAXATION AND CERTIFICATE OF SERVICE FILED w/ EXHIBIT. Attorney: BYRNE, ROBERT J
  15. ANSWER/LETTER FILED. Attorney: PRO SE - TIMOTHY MCCLELLAN
  16. MOTION FOR SUMMARY JUDGMENT; AFFIDAVIT IN SUPPORT & CERTIFICATE OF SERVICE FILED. Attorney: EICKELBERGER, SCOTT D
  17. MOTION FOR DEFAULT JUDGMENT & CERTIFICATE OF SERVICE FILED. Attorney: EICKELBERGER, SCOTT D
  18. MILITARY AFFIDAVIT FILED.
  19. FINAL JUDICIAL REPORT FILED.
  20. DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER INSTANTER & CERTIFICATE OF SERVICE FILED. Attorney: PRO SE -TIMOTHY A MCCLELLAN.
  21. MOTION FOR MEDIATION & CERTIFICATE OF SERVICE FILED. Attorney: PRO SE - TIMOTHY MCCLELLAN
  22. ENTRY FILED. OPPOSITION TO MOTION FOR SUMMARY JUDGMENT DUE BY OCTOBER 23, 2023. REPLY BRIEF DUE BY NOVEMBER 6, 2023. Receipt: 221316 Date: 04/25/2024
  23. NOTICE OF FAILURE OF SERVICE BY CERTIFIED MAIL ON UNKNOWN TENANT (9890 SHANNON RD, FRAZEYSBURG, OH 43822) MARKED: RETURN TO SENDER, VACANT & UNABLE TO FORWARD; ATTY NOTIFIED.
  24. ENTRY GRANTING MOTION FOR LEAVE TO FILE AMENDED ANSWER INSTANTER FILED. COPIES OF ENTRY & AMENDED ANSWER DISTRIBUTED. Receipt: 221316 Date: 04/25/2024
  25. COPIES AND POSTAGE Receipt: 221316 Date: 04/25/2024
  26. AMENDED ANSWER OF DEFENDANT, TIMOTHY MCCLELLAN AND CERTIFICATE OF SERVICE FILED. Attorney: PRO SE
  27. DEFENDANT'S MEMORANDUM CONTRA TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT & CERTIFICATE OF SERVICE FILED. Attorney: PRO SE - TIMOTHY MCCLELLAN
  28. ENTRY FILED. STATUS CONFERENCE SCHEDULED FOR DECEMBER 18, 2023 AT 9:30 A.M. IN CHAMBERS. Receipt: 221316 Date: 04/25/2024
  29. ENTRY FILED. COPIES DISTRIBUTED. ($38,092.36) Receipt: 221316 Date: 04/25/2024
  30. PRAECIPE FOR ORDER OF SALE FILED. Attorney: EICKELBERGER, SCOTT D
  31. REAL AUCTION DEPOSIT Receipt: 218638 Date: 01/10/2024
  32. REAL AUCTION CLERK FEES Receipt: 218638 Date: 01/10/2024
  33. ORDER OF SALE WITH ATTACHMENTS ISSUED TO SHERIFF OF MUSKINGUM COUNTY. Receipt: 221316 Date: 04/25/2024
  34. LAND APPRAISEMENT RETURNED AND FILED. APPRAISED AT $120,000.00 Receipt: 221316 Date: 04/25/2024
  35. NOTICE OF SALE SCHEDULED FOR AUCTION THROUGH THE SHERIFF'S WEBSITE https://www.muskingum.sheriffsaleauction.ohio.gov; BIDDING WILL ONLY BE ACCEPTED THROUGH SAID WEBSITE AND WILL BE OPEN A MINIMUM OF 7 DAYS STARTING ON: FEBRUARY 22, 2024; IF NOT SOLD, A SECOND SALE DATE WILL BEGIN ON: MARCH 14, 2024 and CERTIFICATE OF SERVICE FILED. Attorney: EICKELBERGER, SCOTT D
  36. PROOF OF PUBLICATON FILED W/AFFIDAVIT OF LEGAL NOTICE FILED.
  37. ORDER OF SALE RETURN FILED **PROPERTY SOLD TO PHIL PALMISANO ON 3/14/24 FOR $87,100.00** Receipt: 221316 Date: 04/25/2024
  38. CAROL KAIDO Receipt: 221316 Date: 04/25/2024
  39. RUTH ANN LYNN Receipt: 221316 Date: 04/25/2024
  40. SANDY STIERS Receipt: 221316 Date: 04/25/2024
  41. MICROFILMING Receipt: 221316 Date: 04/25/2024
  42. MUSK CO RECORDER FEES Receipt: 221316 Date: 04/25/2024
  43. LIEN RELEASE FEE (JL91-0412) Receipt: 221316 Date: 04/25/2024
  44. FULL RELEASE OF TWO (2) STATE TAX LIENS (2021TL01651 & 2021TL0001 Receipt: 221316 Date: 04/25/2024
  45. REFUND TO KINCAID TAYLOR & GEYER Receipt: 221316 Date: 04/25/2024
  46. COSTBILL ISSUED TO KINCAID TAYLOR GEYER
  47. CONFIRMATION OF SALE AND ORDERS FOR DEED AND DISTRIBUTION FILED. COPIES DISTRIBUTED. Receipt: 221316 Date: 04/25/2024
  48. HOLD Receipt: 221316 Date: 04/25/2024
  49. DISTRIBUTION ISSUED TO BOOKKEEPER
  50. MOTION FOR RELEASE OF FUNDS & CERTIFICATE OF SERVICE FILED VIA FAX Attorney: GORDON, CHARLES
  51. FAX FILING FEE Receipt: 222882 Date: 07/02/2024
  52. WRIT OF POSSESSION WITH ATTACHMENTS ISSUED TO SHERIFF OF MUSKINGUM COUNTY. Receipt: 221890 Date: 05/21/2024 Receipt 221890 has been reapplied.
  53. PRAECIPE FOR WRIT OF POSSESSION FILED BY PHILLIP PALMISANO
  54. CHECK ISSUED TO MUSK CO RECORDER
  55. CHECK ISSUED TO: REALAUCTION.COM LLC
  56. REFUND CHECK ISSUED FROM DEPOSIT TO KINCAID TAYLOR & GEYER
  57. COURT CERTIFICATE OF RELEASE OF MORTGAGE FILED.
  58. WRIT OF POSSESSION RETURNED AND FILED. RECEIVED THIS WRIT ON 5/22/24 AND ON 5/31/24 TIMOTHY A MCCLELLAN WAS SERVED BY POSTED SERVICE. WRIT POSTED TO DOOR 5/31/24. 6/11/24 ADVISED BY THIRD PARTY BUYER, PHIL PALMISANO, THAT OCCUPANT HAS MOVED AND SET-OUT IS NO LONGER NEEDED. BY: DEP SHAWN WILLIAMS Receipt: 222882 Date: 07/02/2024 Receipt: 222901 Date: 07/02/2024
  59. DISTRIBUTION ISSUED TO BOOKKEEPER
  60. ENTRY FILED.MOTION TO RELEASE IS FUNDS IS DENIED. THE CO-DEFENDANT, TAMMY A MCCLELLAN HAS NOT BEEN SERVED WITH SAID MOTION. COPIES DISTRIBUTED.
  61. MOTION FOR RELEASE OF FUNDS AND CERTIFICATE OF SERVICE FILED. Attorney: GORDON, CHARLES
  62. JUDGMENT ENTRY FILED. THE COURT ORDERS THAT THE BALANCE OF THE FUNDS, IN THE AMOUNT OF $31,929.38, BE RELEASED TO THE DEFENDANT, TIMOTHY MCCLELLAN. (COPIES TO ATTY GORDON, BOOKKEEPER)

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