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Case Information
Filed
2024-04-04
Status
CLOSED
Type
Civil Austintown
Docket
36 entries
Disposition
judgment
Parties
Plaintiff
Capital One, N.a.
Defendant
Zelinsky, Jennifer L
Lawyers
Docket Entries
- $0.00
- Issue Date: 04/05/2024 Service: SUMMONS ISSUED Method: (A) CERTIFIED MAIL Cost Per: $0.00 ZELINSKY, JENNIFER L 3767 EDINBURGH DR YOUNGSTOWN, OH 44511 Tracking No: 941472669904221890395
- SUCCESSFUL SERVICE Method : (A) CERTIFIED MAIL Issued : 04/05/2024 Service : SUMMONS ISSUED Served : 04/09/2024 Return : 04/10/2024 On : ZELINSKY, JENNIFER L Signed By : JENNIFER ZELINSKY Reason : (A) SUCCESSFUL SERVICE Comment : Tracking #: 941472669904221890395
- PLAINTIFF'S INITIAL DISCLOSURE UNDER CIV. R. 26(B)(3) FILED BY Attorney: MOYER, JACKSON T (81119)
- NOTICE OF SERVICE FILED BY Attorney: MOYER, JACKSON T (81119)
- ANSWER FTO COMPLAINT FILED BY Attorney: PAVLIK, LISA A (74567)
- HEARING SCHEDULED Event: CIVIL PRE TRIAL Date: 08/02/2024 Time: 9:45 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4
- NOTICE OF PHONE PRE TRIAL SENT TO ATTY JESSICA E GOLDSTEIN AND ATTY LISA A PAVLIK
- ENTRY: PRE-TRIAL HELD ON THE 2ND DAY OF AUGUST 2024. COUNSEL JESSICA E GOLDSTEIN FOR PLAINTIFF/PLAINTIFF PRESENT. COUNSEL LISA A PAVLIK FOR DEFENDANT/DEFENDANT NOT PRESENT. DISCOVERY 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 BY THE COURT Event: CIVIL TRIAL Date: 12/06/2024 Time: 11:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: CONTINUED BY JUDGE
- NOTICE OF CIVIL TRIAL SENT TO ATTORNEYS BY REGULAR MAIL
- MOTION FOR EXTENSION OF TIME FILED BY Attorney: GOLDSTEIN, JESSICA E (81662)
- ENTRY: UPON MOTION OF PLAINTIFF, AND FOR GOOD CAUSE SHOWN, THE DISPOSITIVE MOTION DEADLINE IS HEREBY REASSIGNED FOR DECEMBER 31, 2024. APPROVED. /S/DJD /S/JUDGE SCOTT D HUNTER
- HEARING SCHEDULED-CONTINUED Event: CIVIL TRIAL Date: 01/31/2025 Time: 11:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: CONTINUED
- ENTRY OF 10/21/24, NOTICE OF NEW CIVIL TRIAL DATE, AND CANCELLED TRIAL DATE SENT TO ATTY JESSICA E GOLDSTEIN AND ATTY LISA A PAVLIK
- MOTION FOR EXTENSION OF TIME FILED BY Attorney: MOYER, JACKSON T (81119)
- ENTRY: UPON MOTION OF PLAINTIFF AND FOR GOOD CAUSED SHOWN, THE DISPOSITIVE MOTION DEADLINE IS HEREBY REASSIGNED FOR FEBRUARY 14, 2025. TRIAL SET FOR 1/31/25 IS CONTINUED FOR 60 DAYS. /S/DJD /S/JUDGE SCOTT D HUNTER
- HEARING SCHEDULED Event: CIVIL TRIAL Date: 04/04/2025 Time: 11:30 am Judge: DESANTO, DONALD Location: COUNTY COURT # 4 Result: JOURNAL ENTRY FILED
- ENTRY OF 12/30/24 AND NOTICE OF CIVIL TRIAL SENT TO ATTY JESSICA GOLDSTEIN AND ATTY LISA A PAVLIK
- MOTION FOR EXTENSION OF TIME FILED. Attorney: MCKENDRICK ESQ, ZACHARY T (97419)
- ENTRY: UPON MOTION OF PLAINTIFF, AND FOR GOOD CAUSE SHOWN, THE DISPOSITIVE MOTION DEADLINE IS HEREBY REASSIGNED FOR MARCH 28, 2025. THERE WILL BE NO FURTHER EXTENSIONS. APPROVED. /S/DJD /S/JUDGE SCOTT D HUNTER
- NOTICE OF CHANGE OF LEAD COUNSEL ON BEHALF OF DEFENDANT FILED. Attorney: PURCELL, MELISSA LYNN (87463)
- ENTRY OF 2/10/25 SENT TO PARTIES
- AGREED JUDGMENT ENTRY FILED BY Attorney: GOLDSTEIN, JESSICA E (81662)
- LYONS DOUGHTY AND VELDHUIS P.C. AGREED JUDGMENT AGREED JUDGMENT ENTRY Defendant(s) acknowledges that he and/or she has been served with a copy of the Summons and Complaint in this case or waives service of the same. JUDGMENT AMOUNT: The parties agree to the following, and therefore, JUDGMENT IS HEREBY RENDERED in favor of Plaintiff and against Defendant(s), JENNIFER L ZELINSKY, in the amount of $9719.82, plus POST JUDGMENT INTEREST AT 0% PLUS costs of this action . The total of these is called the Judgment Amount. PLAINTIFF WAIVES POST JUDGMENT INTEREST. AGREEMENT TO PAY: In satisfaction of of this judgment Plaintiff agrees to accept and Defendant(s) agrees to pay $6900.00. This is called the "Payment Amount" . The parties agree that the Payment Amount shall be due and payable at the office of counsel for Plaintiff in regular monthly payments and subject to the following provisions, all of which are material to the agreement to accept the Payment Amount in satisfaction of the judgment rendered herein: The first payment shall be in the amount of$690.00 and is due and payable on or before SEPTEMBER 27, 2024. Each payment after the first shall be at least in the amount of $690.00 and is due and payable on or before the 27th day of each month after the first payment until the entire Payment Amount is paid in full. This amount is called the "Monthly Payment" in this document. AGREEMENT TO REFRAIN FROM EXECUTION: So long as Defendant(s) complies strictly and completely with all of the obligations assumed by Defendant(s) by signing this Agreed Judgment Entry, Plaintiff agrees to withhold all executions on the judgment granted herein, including the filing of any wage garnishments or executing on property of Defendant(s). However, Plaintiff may file Certificates of Judgment in any Common Pleas Courts in order to secure or record this judgment. Upon full satisfaction of this judgment Plaintiff agrees to satisfy the judgment granted herein on the docket of this court. Time is of the essence in this Agreement. DEFAULT AND ADDITIONAL OBLIGATIONS OF DEFENDANT(S): All of the following are material to this agreement; the breach of any of them constitutes a default of this agreement; and in case of such a default the entire Judgment Amount less any payments made is immediately due and payable; and Plaintiff is then permitted to pursue all post judgment collection procedures available under Ohio law. I. Place of Payment: All payments are to be made payable to LYONS, DOUGHTY & VELDHUIS, P.C. and delivered to OUR PROCESSING CENTER at , P.O. Box 987 MARLTONl, NJ 08053 or to such other address as Plaintiff or its attorney may direct. 2. Duty to Deliver Payment On 01 Before One Date: A default occurs: a. If any Monthly Payment is not RECEIVED by counsel for Plaintiff on or before its date, or b. if any 1\1onthly Payment is refused or dishonored by the bank on which it is drawn, or c. if any payment is in an amount less than the Monthly Payment. 3. Use of Mail; No Notice of Default; No Right to Cure; a. Defendant(s) selects the method of delivering payments to counsel for Plaintiff. The risk of any Monthly Payment not arriving on or before the due date falls upon Defendant(s), regardless of the date of mailing of the payment, and regardless of any date written on the payment and regardless for the reason for the late arrival of the payment. b. There is no duty on Plaintiff to notify Defendant(s) of any payment due, or provide Defendant(s) with payment books, or notify Defendant(s) of a default, and there is no right of Defendant(s) to cure a default once it has occurred. Tiiere is no waiver of any default. c. Plaintiff and its counsel may accept any payment made by or on behalf of Defendant(s) even if the payment is not in conformance with this agreement and may apply the same to the balance due on this Judgment without waiving either the default or the right to enforce immediate payment in full of the Judgment Amount (less payments received) by garnishment or otherwise. d. There is no election of remedies or waiver by Plaintiff or its counsel in accepting any non-conforming payments and applying the same to the balance due even if Plaintiff or its counsel continues to accept such non-conforming payment over a period of time following the initial default. e. "Substantial compliance" with this Agreed Judgment Entry is the same as non-compliance, and compliance with this agreement shall be determined by a "Bright Line Test": Either good funds in the amount of the Monthly Payment are received by counsel for Plaintiff on or before the appropriate due date or they are not. If not, a default has occurred. COMMUNICATION AND WAIVERS BY DEFENDANT/S): The parties acknowledge that communication between or among them by whatever means available is or may be necessaiy to fulfill the terms of this agreement and Defendant(s): a. Authorizes Plaintiff's counsel to electronically sign the name of Defendant(s) to copies of this Entty if an electronic signature is required by any court of record; and b. Authorizes Plaintiffs counsel to send email messages to Defendant(s) at any email address provided by Defendant to Plaintiffs counsel and agrees to be telephoned at any telephone number discovered by Plaintiffs counsel, whether on a cellular phone or land line, and authorizes Plainti ft1 s counsel to leave messages with any person answering such a telephone and to leave voice mail messages and/or messages on answering machines that identify the caller as a debt collector and/or a representative of Lyons, Doughty & Veldhuis, P.C.; and Defendant(s) hereby waives any claim that any such email or telephone communications or messages constitute a disclosure of the existence or amount of this debt to any third-party who might hear such messages; and c. Agrees that Defendant(s) hereby withdraws any previously given notice or request that Plaintiff or its counsel herein cease and/or desist attempting to collect this debt or to contact Defendant(s) only by a certain means of communication or at a certain location or not to contact Defendant(s) by a certain means of communication or at a ce11ain location. d. Agrees that any payment tendered to Plaintiff that is stated to be "payment in full" of the obligation or Judgment (or similarly restrictively endorsed) is accepted "under protest" as set forth in RC 1301.308 regardless of any failure by Plaintiff or its counsel to so endorse said payment. WARNING: BY SIGNING THIS PAPER YOU WAIVE ANY DEFENSE OR CLAIM YOU MAY HAVE AGAINST THE CREDITOR ON THIS DEBT AND GIVE UP THE RIGHT TO COURT TRAIL....YOU SHOULD SEEK LEGAL ADVISE BEFORE SIGNING IT IS THEREFORE ORDERED, that judgment is hereby rendered as set forth above in accordance with the terms of this entry. IT IS SO ORDERED./S/SDH/MKD
- SATISFACTION OF JUDGMENT SOJ :: :: On behalf of Plaintiff: CAPITAL ONE, N.A. :: Filed By: ZACHARY T MCKENDRICK
- Certificate of Service
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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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