Avon Lake Municipal Court
Docket entry on civil case number CVG 1800308

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Case Number: CVG 1800308
Defendant(s): Bezak, Lucky Bezak, Jill
    06/12/2018
    • CASE WAS FILED WITH COURT
    06/13/2018
    • CASE SET FOR A F.E.D. HEARING ON 06/28/2018 AT 2:15 PM
    • CIVIL FILING FEE FOR 1 DEFENDANT $96.00
    • CERTIFIED MAIL POSTAGE10.00
    • PAYMENT - RECEIPT NO. 1831331 IN THE AMOUNT OF $ 106.00
    • CERTIFIED MAIL POSTAGE10.00
    • PAYMENT ERROR OF $ -106.00
    • CIVIL FILING FEE FOR 1 DEFENDANT $-96.00
    • CIVIL FILING FEE FOR 2 DEFENDANTS $106.00
    • CERTIFIED MAIL POSTAGE-20.00
    • ORDINARY POSTAGE10.00
    • PAYMENT - RECEIPT NO. 1831332 IN THE AMOUNT OF $ 116.00
    • DEPOSIT - RECEIPT NO. 1831333 IN THE AMOUNT OF $ 55.00
    • CERTIFICATE OF MAILING2.60
    06/20/2018
    • FAILURE OF PERSONAL SERV: ON 6/15/18 BAILIFF RECEIVED
    • SUMM/COMPLAINT AND MADE RESIDENCE SERVICE OF IT UPON DEFT
    • JILL & LUCKY BEZEK BUT WAS UNABLE TO SERVE IT UPON
    • HIM/HER DUE TO NO RESPONSE AT DOOR. COMPLAINT TAPED TO DOOR.
    • BAILIFF FEES $50.00
    06/28/2018
    • THE MATTER PROCEEDED TO TRIAL WITH EVIDENCE TAKEN FROM
    • PLAINTIFF AND DEFENDANT LUCKY BEZAK. THE MATTER WAS TAKEN
    • UNDER ADVISEMENT. THE PARTIES ARE TO FILE WRITTEN CLOSING
    • ARGUMENTS WITHIN 14 DAYS.
    • COPIES TO PARTIES
    07/12/2018
    • CLOSING ARGUMENT FILED BY DEFT
    07/13/2018
    • WRIT25.00
    • CASE CALLED FOR 1ST CAUSE OF ACTION HEARING. PLAINTIFF WAS
    • PRESENT WITH COUNSEL. DEFENDANT LUCKY BEZAK PRESENT WITHOUT
    • COUNSEL. JILL BEZAK WAS NOT PRESENT.
    • UPON THE EVIDENCE THE COURT FINDS: DEFENDANTS ARE IN DEFAULT
    • UNDER A WRITTEN LAND INSTALLMENT CONTRACT THAS HAS NOT BEEN
    • IN EFFECT FOR 5 YEARS OR MORE AND THERES HAS NOT BEEN 20% OR
    • MORE PAID ON THE LAND INSTALLMENT CONTRACT. DEFENDANTS WERE
    • LAWFULLY SERVED. JUDGMENT GRANTED IN FAVOR OF PLAINTIFF.
    • WRIT OF RESTITUTION SHALL ISSUE & DEFENDANTS INTEREST IN
    • THE LAND INSTALLMENT CONTRACT, A COPY OF WHICH IS ATTACHED
    • HERETO AND INCORPORATED HEREIN AS EXHIBIT A, IS FORFEITED.
    • IT IS SO ORDERED. COPIES TO PARTIES
    07/26/2018
    • NOTICE OF BANKRUPTCY FILED
    07/30/2018
    • JOURNAL ENTRY $10.00
    • THIS MATTER COMES BEFORE THE COURT FOR CONSIDERATION OF THE
    • DEFENDANT'S NOTICE OF STAY DUE TO BANKRUPTCY. THE DEFENDANT
    • DOES NOT QUALIFY FOR A STAY OF EVICTION BECAUSE THE CRITERIA
    • FOR THE STAY DO NOT EXIST.
    • 1) THE DEFENDANT DOES NOT "RENT" THE RESIDENCE. HIS
    • INTEREST IN THE RESIDENCE WAS BASED ON THE TERMS OF A LAND
    • INSTALLMENT CONTRACT. (2) UNDER OHIO LAW THE DEFENDANT DOES
    • NOT HAVE THE RIGHT TO STAY IN THE RESIDENCE BY PAYING THE
    • LANDLORD THE ENTIRE DELINQUENT AMOUNT. (3) THE DEFENDANT
    • DID NOT DEPOSIT WITH THE BANKRUPTCY COURT CLERK THE RENT
    • DUE DURING THE 30 DAYS AFTER FILING THE PETITION.THERE IS NO
    • AUTOMATIC STAY. IT IS SO ORDERED. COPIES TO PARTIES
    08/10/2018
    • TRANSCRIPT $15.00
    • PAYMENT - RECEIPT NO. 1832092 IN THE AMOUNT OF $ 15.00
    • REQUEST FOR TRANSCRIPT FILED BY ATTORNEY JEFFREY WEIR II.
    • APPEAL/TRANSCRIPT $50.00
    • NOTICE OF APPEAL FILED BY PLAINTIFF'S ATTORNEY JEFF WEIR II
    08/14/2018
    • PAYMENT - RECEIPT NO. 1832153 IN THE AMOUNT OF $ 50.00
    • NOTICE OF APPEAL MAILED TO ATTORNEY RICHARD STUART.
    • E-CERTIFIED MAIL # 9314 8699 0440 0037 8711 86
    • ISSUED ON: 08/14/2018 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0037 8712 16
    • ISSUED ON: 08/14/2018 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0037 8712 30
    • ISSUED ON: 08/14/2018 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • APPEAL MAILED TO THE CLERK OF COURTS AT 225 COURT STREET,
    • ROOM 105, ELYRIA, OH 44035(CERTIFIED MAIL- ENVELOPES)
    08/22/2018
    • E-CERTIFIED MAIL # 9314 8699 0440 0037 8711 86 REFERENCE # 1
    • SERVED ON: 08/17/2018 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0037 8712 16 REFERENCE # 1
    • SERVED ON: 08/17/2018 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0037 8712 30 REFERENCE # 1
    • SERVED ON: 08/17/2018 TO: LORAIN COUNTY CLERK OF COURTS
    09/18/2018
    • MOTION FOR STAY PENDING APPEAL FILED BY ATTORNEY FOR DEFT
    09/20/2018
    • CASE SET FOR A HEARING ON 10/15/2018 AT 2:30 PM
    • HEARING NOTICE TO PARTIES
    • OBJECTION TO DEFENDANT'S MOTION FOR STAY PENDING APPEAL
    • FILED BY PLAINTIFF ATTORNEY
    10/16/2018
    • WRIT25.00
    • THIS MATTER WAS CALLED FOR HEARING ON PLAINTIFF'S MOTION TO
    • STAY. THE PARTIES ADVISED THE COURT THAT THEY HAVE AGREED
    • TO A SETTLEMENT WITH JUDGMENT GRANTED IN FAVOR OF
    • PLAINTIFF. WRIT OF RESTITUTION SHALL ISSUE AND DEFENDANTS'
    • INTEREST IN THE LAND INSTALLMENT CONTRACT IS FORFEITED. THE
    • DEFENDANTS ARE TO VACATE THE RESIDENCE BY OCTOBER 26, 2018
    • AT 6 PM.
    10/30/2018
    • ON 10/27/18 BAILIFF CAUSED THE DEFENDANT(S) TO BE REMOVED
    • FROM THE PREMISES AND THE PLAINTIFF TO HAVE RESTITUTION OF
    • SAME.
    • BAILIFF FEES $67.00
    10/31/2018
    • DEPOSIT WAS PAID OUT AMOUNT $ 55.00
    01/02/2019
    • PAYMENT - RECEIPT NO. 1900012 IN THE AMOUNT OF $ 124.60