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Photo of Mahoning County

Court

Mahoning County

Ohio

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Case Information

Filed 2023-11-02
Status CLOSED
Type Civil Boardman
Docket 43 entries
Disposition dismiss

Parties

Plaintiff Kelley, Thomas
Defendant Mahin, Paul M|Gabriel, Shannon M
Photo of Hon. Houser Joseph M

Judge

Hon. Houser Joseph M

Mahoning County (OH)

Ohio

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Lawyers

Docket Entries

  1. $0.00
  2. ADDITIONAL DEFENDANTS Receipt: 309956 Date: 11/02/2023
  3. Issue Date: 11/09/2023 Service: SUMMONS ISSUED Method: (B) CERTIFIED MAIL Cost Per: $ MAHIN, PAUL M 1848 WINGATE ROAD POLAND, OH 44514 Tracking No: 9414726699042218878704 GABRIEL, SHANNON M 1848 WINGATE ROAD POLAND, OH 44514 Tracking No: 9414726699042218878728
  4. *CERTIFIED MAIL ISSUED ON BOTH DEFENDANTS
  5. SUCCESSFUL SERVICE Method : (B) CERTIFIED MAIL Issued : 11/09/2023 Service : SUMMONS ISSUED Served : Return : 11/17/2023 On : GABRIEL, SHANNON M Signed By : PAUL P NECE Reason : (B) SUCCESSFUL Comment : Tracking # : 9414726699042218878728
  6. SUCCESSFUL SERVICE Method : (B) CERTIFIED MAIL Issued : 11/09/2023 Service : SUMMONS ISSUED Served : Return : 11/17/2023 On : MAHIN, PAUL M Signed By : PAUL MAHIN Reason : (B) SUCCESSFUL Comment : Tracking # : 9414726699042218878704
  7. NOTICE OF APPEARANCE AS COUNSEL OF RECORD FOR DEFENDANTS FILED BY Attorney: BRUNO, LYNN SFARA (19181)
  8. *REQUEST FOR FIRST LEAVE TO FILE ANSWER AND COUNTERCLAIM FILED Attorney: BRUNO, LYNN SFARA (19181)
  9. *REQUEST FOR FIRST LEAVE TO FILE ANSWER AND COUNTERCLAIM FOR A 30 DAY LEAVE GRANTED./S/JMH
  10. ANSWER FILED
  11. MOTION TO FILE ANSWER AND COUNTERCLAIM INSTANTER FILED BY Attorney: BRUNO, LYNN SFARA (19181). MKD
  12. COUNTER CLAIM FILED Receipt: 313278 Date: 01/24/2024
  13. HEARING SCHEDULED Event: CIVIL PRE TRIAL (B) Date: 04/29/2024 Time: 10:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 2
  14. MOTION TO FILE ANSWER AND COUNTERCLAIM INSTANTER GRANTED. /S/JMH/MKD
  15. Issue Date: 02/01/2024 Service: SUMMONS ISSUED Method: (B) CERTIFIED MAIL Cost Per: $ KELLEY, THOMAS DBA VECTOR CONSTRUCTION AND REMOLDELING 7536 MARKET STREET BOARDMAN, OH 44512 Tracking No: 9414726699042218884040
  16. UNSUCCESSFUL SERVICE Method : (B) CERTIFIED MAIL Issued : 02/01/2024 Service : SUMMONS ISSUED Served : Return : 02/26/2024 On : KELLEY, THOMAS Signed By : UNCLAIMED Reason : (B) UNSUCCESSFUL Comment : UNCLAIMED Tracking # : 9414726699042218884040
  17. ANSWER TO DEFENDANT'S COUNTERCLAIM FILED Attorney: MESSURI, JOSEPH M (92375)
  18. COUNSEL PRESENT FOR PLAINTIFF:JOSEPH M MESSURI COUNSEL PRESENT FOR DEFENDANT:LYNN SFARA BRUNO DISCOVERY TO BE COMPLETED IN:60 DAYS DISPOSITIVE MOTIONS, IF ANY, IN:90 DAYS TRIAL TO:BENCH SET FOR BENCH TRIAL IN:120 DAYS OTHER: /S/ DONALD J DESANTO/MKD
  19. HEARING SCHEDULED Event: CIVIL TRIAL (B) Date: 08/26/2024 Time: 10:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 2 Result: CONTINUED
  20. MOTION TO SET THE MATTER FOR MEDIATION FILED BY Attorney: BRUNO, LYNN SFARA (19181). MKD
  21. MOTION TO SET THE MATTER FOR MEDIATION DENIED. Matter considered on the motion filed April 29, 2024 by the Defendants for Court Ordered Mediation. The Mahoning County Courts do not have a mediation program available to the parties and accordingly have no jurisdiction to order the parties to submit to mediation. The parties are free to engage in private mediation or alternative dispute resolution and report the results of any successful outcome during the pendency of these proceedings. Defendants' Motion for Court Ordered Mediation is overruled. /S/JMH/MKD
  22. MOTION TO DISMISS SHANNON GABRIEL FILED Attorney: BRUNO, LYNN SFARA (19181)
  23. JOINT MOTION TO CONTINUE FILED BY Attorney: MESSURI, JOSEPH M (92375) AND Attorney: BRUNO, LYNN SFARA (19181). MKD
  24. PER MAGISTRATE SET MOTION TO DISMISS SHANNON GABRIEL FOR A NON ORAL HEARING. MKD
  25. HEARING SCHEDULED Event: NON ORAL HEARING (B) REGARDING MOTION TO DISMISS SHANNON GABRIEL Date: 08/26/2024 Time: 12:00 pm Judge: DESANTO, DONALD Location: COUNTY COURT # 2
  26. HEARING SCHEDULED Event: CIVIL TRIAL (B) Date: 10/28/2024 Time: 10:00 am Judge: DESANTO, DONALD Location: COUNTY COURT # 2
  27. MAGISTRATE'S DECISION FILED WITH THE COURT. CASE CALLED FOR NON ORAL HEARING ON 8/26/24 ON THE MOTION TO DISMISS SHANNON GABRIEL FILED BY DEFENDANT SHANNON GABRIEL ON 5/13/24. NOTICE WAS SENT TO ALL PARTIES ON 7/15/24. THE PLAINTIFF HAS FILED NO RESPONSE IN OPPOSITION. THE COURT HAS REVIEWD THE UNREFUTED AFFIDAVIT OF THE DEFENDANT, SHANNON GABRIEL, THE PUBLIC RECORD OF THE OWNERSHIP OF THE SUBJECT PARCEL OF REAL PROPERTY, 1848 WINGATE RD BOARDMAN OHIO, AND THE PLAINTIFFS COMPLAINT. THE COURT FINDS THE PLAINTIFFS COMPLAINT FAILS TO STATE A CLAIM FOR RELIEF AGAINST DEFENDANT SHANNON GABRIEL. CASE DISMISSED AT PLAINTIFFS COST AGAINST DEFENDANT SHANNON GABRIEL ONLY. /S/DJD/MKD
  28. DISMISSAL OF DEFENDANT SHANNON GABRIEL FILED BY PLAINTIFF
  29. CASE DISMISSED AGAINST DEFENDANT SHANNON GABRIEL WITH PREJUDICE./S/JMH/DJD
  30. CASE CALLED FOR TRIAL ON 10/28/24. NEITHER PARTY OR COUNSEL APPEARED. COMPLAINT FILED 11/2/23 AND COUNTERCLAIMED FILED 1/22/24 ARE DISMISSED. EACH PARTY TO BEAR THEIR OWN COSTS. SO ORDERED. /S/JMH/DJD/MKD
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