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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-01-29
Status INACTIVE
Type Replevin
Docket 76 entries

Parties

Plaintiff Capital One Auto Finance
Defendant Michael Henry|Heather Henry
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. COMPLAINT FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL AND SPECIAL PROCESS SERVER TO THE DEFENDANT(S).
  2. REGULAR MAIL SERVICE RECEIPT NO. 54647367 RETURNED 09/06/2024 FAILURE OF SERVICE ON DEFENDANT HENRY/MICHAEL/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  3. JUDGMENT ENTRY(54647368) SENT BY REGULAR MAIL SERVICE. TO: HEATHER HENRY 13906 LYRIC AVENUE CLEVELAND, OH 44111-0000
  4. JUDGMENT ENTRY(54647367) SENT BY REGULAR MAIL SERVICE. TO: MICHAEL HENRY 1548 DRAKE ROAD STRONGSVILLE, OH 44136-0000
  5. JUDGMENT ENTRY(54647366) SENT BY EMAIL. TO: CHRISTOPHER M. HILL [email protected]
  6. THE JUDGMENT ENTERED ON THIS DOCKET ON 06-27-24 GRANTING SUMMARY JUDGMENT TO THE PLAINTIFF IS VACATED. THIS CASE IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF'S MOTION TO VACATE JUDGMENT AND DISMISS ACTION DUE TO BANKRUPTCY, FILED 08/20/2024, IS GRANTED. COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  7. MOTION TO REVIVE JUDGMENT CHRISTOPHER M. HILL (0074838) 08/26/2024 - GRANTED
  8. DEPOSIT AMOUNT PAID CHRISTOPHER M. HILL
  9. RETURN ON ORDER OF POSSESSION RETURNED ON 07/25/2024
  10. REGULAR MAIL SERVICE RECEIPT NO. 54325908 RETURNED 07/29/2024 FAILURE OF SERVICE ON DEFENDANT HENRY/MICHAEL/ NO SUCH NUMBER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  11. JUDGMENT ENTRY(54325909) SENT BY REGULAR MAIL SERVICE. TO: HEATHER HENRY 13906 LYRIC AVENUE CLEVELAND, OH 44111-0000
  12. JUDGMENT ENTRY(54325908) SENT BY REGULAR MAIL SERVICE. TO: MICHAEL HENRY 1548 DRAKE ROAD STRONGSVILLE, OH 44136-0000
  13. JUDGMENT ENTRY(54325907) SENT BY EMAIL. TO: CHRISTOPHER M. HILL [email protected]
  14. THE COURT BEING ADVISED THAT MICHAEL HENRY, HEATHER HENRY HAS FILED A BANKRUPTCY PETITION (CASE NO. 24-12641), PROCEEDINGS IN THIS CASE ARE STAYED AS AGAINST THAT DEFENDANT ONLY (11 U.S.C. SECTION 362). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  15. TRIAL SCHEDULED FOR 08/22/2024 AT 11:30 AM IS CANCELLED.
  16. NOTICE OF BANKRUPTCY FILED
  17. PLAINTIFF TO PERFECT SERVICE ON HEATHER HENERY ON OR BEFORE 07-29-24 OR THIS CASE WILL DISMISS PURSUANT TO CIV. RULE 4(E). NOTICE ISSUED
  18. NOTICE OF FILING RETAIL INSTALLMENT CONTRACT AND TITLE
  19. NOTICE OF FILING DEFAULT JUDGMENT ENTRY
  20. AFFIDAVIT OF INDEBTEDNESS PRO SE (9999999)
  21. NOTICE OF FILING AFFIDAVIT OF INDEBTEDNESS
  22. AFFIDAVIT OF COUNSEL FILED..
  23. NOTICE OF FILING AFFIDAVIT OF COUNSEL
  24. P1 CAPITAL ONE AUTO FINANCE MOTION FOR SUMMARY JUDGMENT CHRISTOPHER M. HILL 0074838, FILED 06/05/2024, IS GRANTED. FINAL. OSJ. . NOTICE ISSUED
  25. RETURN ON ORDER OF POSSESSION RETURNED ON 06/25/2024
  26. NOTICE OF FILING HEARING NOTIFICATION LETTER
  27. P1 CAPITAL ONE AUTO FINANCE MOTION FOR EXTENSION OF TIME IN WHICH TO FILE MOTION FOR SUMMARY JUDGMENT CHRISTOPHER M. HILL 0074838, FILED 06/05/2024, IS GRANTED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DEEMED FILED 06-05-24 WITH LEAVE OF COURT. BRIEF IN OPPOSITION IS TO BE FILED ON OR BEFORE 07-05-24. REPLY THERETO IS TO BE FILED WITHIN 7 DAYS THEREAFTER. NOTICE ISSUED
  28. P1 CAPITAL ONE AUTO FINANCE MOTION FOR EXTENSION OF TIME IN WHICH TO FILE MOTION FOR SUMMARY JUDGMENT CHRISTOPHER M. HILL 0074838 06/06/2024 - GRANTED
  29. P1 CAPITAL ONE AUTO FINANCE MOTION FOR SUMMARY JUDGMENT CHRISTOPHER M. HILL 0074838 06/27/2024 - GRANTED
  30. NOTICE, FILED
  31. DISPOSITIVE MOTION TO INCLUDE MOTIONS FOR SUMMARY JUDGMENT TO BE FILED BY 05-31-24; BRIEFS IN OPPOSITION TO BE FILED BY 06-28-24. REPLIES TO BE FILED BY 07-05-24. TRIAL IS SET FOR 08-22-24 @ 11:30 A.M. NOTICE ISSUED
  32. DEFAULT HEARING AGAINST DEFENDANT MICHAEL HENRY IS SET FOR 06-26-24 @ 9:00 A.M. PLAINTIFF TO PROVIDE COURT WITH PROOF OF SERVICE, AFFIDAVIT OF DAMAGES, PROPOSED JOURNAL ENTRY, AND A COPY OF LETTER SENT TO DEFENDANT BY REGULAR AND CERTIFIED (RETURN RECEIPT REQUESTED) U.S. MAIL. PLAINTIFF'S LETTER TO DEFENDANT SHALL INCLUDE THE DATE, TIME AND PLACE OF HEARING. SAID LETTER SHALL ALSO INCLUDE THE FOLLOWING LANGUAGE: "JUDGMENT MAY BE RENDERED AGAINST YOU." IF PLAINTIFF'S CASE IS A COLLECTION ON AN ACCOUNT(S) PLAINTIFF SHALL ALSO PROVIDE COPIES OF AN ACTUAL BILLING STATEMENT TO DEFENDANT, DOCUMENTATION OF THE DATE OF THE LAST PURCHASE ON THE ACCOUNT MADE BY DEFENDANT, NOT TO INCLUDE A LATE PAYMENT FEE OR INTEREST FEE ONLY, DOCUMENTATION OF THE DATE OF THE LAST PAYMENT ON THE ACCOUNT, AND DOCUMENTARY PROOF OF ASSIGNMENT OF THE ACCOUNT NOT BY AFFIDAVIT. DEFENDANT TO SUBMIT ALL DOCUMENTATION BY FILING THE SAME WITH THE CLERK'S OFFICE PRIOR TO THE HEARING. NOTICE ISSUED
  33. TRIAL SET FOR 08/22/2024 AT 11:30 AM. (Notice Sent).
  34. DEFAULT HEARING SET FOR 06/26/2024 AT 09:00 AM. (Notice Sent).
  35. CMC BY PHONE SCHEDULED FOR 06/26/2024 AT 03:30 PM IS CANCELLED.
  36. DOCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 180972354 04/24/2024 JE)
  37. THIS COURT STRIKES ITS ENTRY OF 04-24-24 AS PLAINTIFF PERFECTED SERVICE ON DEFENDANTS ON 02-05-24. ON 02-23-24 DEFENDANT HEATHER HENERY ANSWERED PLAINTIFF'S COMPLAINT. DEFENDANT MICHAEL HAS FAILED TO ANSWER PLAINTIFF'S COMPLAINT. A CASE MANAGEMENT CONFERENCE BY PHONE IS SET FOR 05-22-24 @ 11:30 A.M. NOTICE ISSUED
  38. CMC BY PHONE SET FOR 05/22/2024 AT 11:30 AM. (Notice Sent).
  39. CMC BY PHONE SET FOR 06/26/2024 AT 03:30 PM. (Notice Sent).
  40. CMC BY PHONE SCHEDULED FOR 04/24/2024 AT 03:00 PM IS CANCELLED.
  41. NOTICE OF HEARING FILED BY CAPITOL ONE AUTO FINANCE ATTORNEY CHRISTOPHER M. HILL (0074838). NOTICE ISSUED.
  42. CERTIFIED MAIL NUMBER 52924532 ADDRESSED TO HEATHER HENRY(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  43. CMC BY PHONE SET FOR 04/24/2024 AT 3:00 P.M. CMC SHALL BE CONDUCTED BY PHONE, COURT TO INITIATE THE CALL. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO COMPLY WITH DISCOVERY PURSUANT TO CIVIL RULES OF PROCEDURE. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. NOTICE ISSUED
  44. CMC BY PHONE SET FOR 04/24/2024 AT 03:00 PM. (Notice Sent).
  45. REPLEVIN BOND UNDERTAKING BY CAPITAL ONE AUTO FINANCE AS PRINCIPAL IN THE AMOUNT $37,100.00 WITH MECHANTS BONDING COMPANY AS SURETY.
  46. ANSWER. PRO SE (9999999)
  47. PLAINTIFF'S MOTION FOR ORDER OF POSSESSION (REPLEVIN)., FILED 01/29/2024, IS GRANTED. OSJ. NOTICE ISSUED
  48. REPLEVIN HEARING SET FOR 02/20/2024 AT 10:30 AM. (Notice Sent).
  49. REPLEVIN HEARING SCHEDULED FOR 02/20/2024 AT 10:30 AM IS CANCELLED.
  50. 52924529 ON 02/05/2024 I SERVED THE WITHIN NAMED HENRY/MICHAEL/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  51. 52924530 ON 02/05/2024 I SERVED THE WITHIN NAMED HENRY/HEATHER/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  52. REPLEVIN HEARING SET FOR 03/28/2024 AT 10:30 AM. (Notice Sent).
  53. CERTIFIED MAIL RECEIPT NO. 52924531 RETURNED 02/08/2024 FAILURE OF SERVICE ON DEFENDANT HENRY/MICHAEL/ - NO SUCH NUMBER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  54. CERTIFIED MAIL RECEIPT NO. 52924531 RETURNED 2/8/2024 FAILURE OF SERVICE ON DEFENDANT HENRY/MICHAEL/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. SUMS COMPLAINT(52924532) SENT BY CERTIFIED MAIL. TO: HEATHER HENRY 13906 LYRIC AVENUE CLEVELAND, OH 44111-0000
  56. SUMS COMPLAINT(52924531) SENT BY CERTIFIED MAIL. TO: MICHAEL HENRY 1548 DRAKE ROAD STRONGSVILLE, OH 44136-0000
  57. SUMS COMPLAINT(52924530) SENT BY SPECIAL PROCESS SERVER. TO: HEATHER HENRY 13906 LYRIC AVENUE CLEVELAND, OH 44111-0000
  58. SUMS COMPLAINT(52924529) SENT BY SPECIAL PROCESS SERVER. TO: MICHAEL HENRY 1548 DRAKE ROAD STRONGSVILLE, OH 44136-0000
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. REPLEVIN HEARING SCHEDULED FOR 02/20/2024 AT 10:30AM.
  64. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  65. LEGAL RESEARCH
  66. LEGAL NEWS
  67. LEGAL AID
  68. COURT SPECIAL PROJECTS FUND
  69. COMPUTER FEE
  70. CLERK'S FEE
  71. DEPOSIT AMOUNT PAID CHRISTOPHER M. HILL
  72. CASE FILED
  73. NOTICE AND REQUEST FOR HEARING - D2 HEATHER HENRY - FILED 01/29/2024 - HEARING SET 02/20/2024 AT 9:00 AM
  74. NOTICE AND REQUEST FOR HEARING - D1 MICHAEL HENRY - FILED 01/29/2024 - HEARING SET 02/20/2024 AT 9:00 AM
  75. NOTICE OF APPLICATION FOR ORDER OF RECOVERY OF POSSESSION
  76. MOTION FOR ORDER OF POSSESSION (REPLEVIN). 02/20/2024 - GRANTED

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