Avon Lake Municipal Court
Docket entry on civil case number CVF 2200099

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Case Number: CVF 2200099
Defendant(s): Davailus, Edward
    02/28/2022
    • CASE WAS FILED WITH COURT
    03/08/2022
    • SUMMONS ISSUED TO CUSTOM CONTRACTING & DESIGNS
    • BY CERTIFIED.
    • CIVIL FILING FEE FOR 1 DEFENDANT $96.00
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2200676 IN THE AMOUNT OF $ 106.00
    • DEPOSIT - RECEIPT NO. 2200677 IN THE AMOUNT OF $ 20.00
    • POSTAGE FOR RETURN OF FILING $1.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0064 9992 04
    • ISSUED ON: 03/08/2022 TO: CUSTOM CONTRACTING AND DESIGNS
    • SENT BY: TERESA
    03/14/2022
    • CERTIFIED MAIL RETURNED MARKED ATTEMPTED - NOT KNOWN
    • CERTIFIED MAIL RETURNED-9314 8699 0440 0064 9992 04
    03/18/2022
    • NOTICE OF FAILURE OF SERVICE MAILED TO PLAINTIFF'S ATTY.
    04/29/2022
    • REQUEST FOR SUMMONS TO BE REISSUED BY CERTIFIED MAIL TO
    • DEFENDANT AT NEW ADDRESS
    05/05/2022
    • E-CERTIFIED MAIL # 9314 8699 0440 0065 5207 04
    • ISSUED ON: 05/05/2022 TO: CUSTOM CONTRACTING AND DESIGNS
    • SENT BY: TERESA
    • ADDITIONAL SUMMONS $10.00
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2201331 IN THE AMOUNT OF $ 20.00
    • SUMMONS REISSUED AS REQUESTED
    05/17/2022
    • CERTIFIED MAIL 9314 8699 0440 0065 5207 04 RETURNED MARKED
    • INSUFFICIENT ADDRESS / UNABLE TO FORWARD
    05/23/2022
    • NOTICE OF FAILURE OF SERVICE MAILED TO PLAINTIFF'S ATTY.
    07/28/2022
    • REQUEST FOR SUMMONS TO BE REISSUED TO DEFENDANT AT NEW
    • ADDRESS.
    08/08/2022
    • SUMMONS REISSUED BY CERTIFIED MAIL AS REQUESTED
    • ADDITIONAL SUMMONS $10.00
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2202256 IN THE AMOUNT OF $ 20.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0066 5034 61
    • ISSUED ON: 08/08/2022 TO: DAVAILUS, EDWARD
    • SENT BY: TERESA
    08/24/2022
    • CERTIFIED MAIL RETURNED MARKED ATTEMPTED / NOT KNOWN
    • RETURN TO SENDER
    08/30/2022
    • NOTICE OF FAILURE OF SERVICE MAILED TO PLAINTIFF'S ATTY.
    01/02/2023
    • RETURNED MAIL/NOT DELIVERABLE AS ADDRESSED/UNABLE TO
    • FORWARD
    03/09/2023
    • MORE THAN SIX MONTHS HAS PASSED WITH SERVICE OF PROCESS.
    • UNDER CIVIL RULE 4(E), THIS CASE IS DISMISSED WITHOUT
    • PREJUDICE AT THE COSTS OF PLAINTIFF, UNLESS GOOD CAUSE IS
    • SHOWN TO THE CONTRARY BY AN OBJECTION OR FILING OF A
    • REQUESTFOR ALIAS SERVICE WITHIN THIRTY DAYS FROM THE DATE
    • OF THIS JUDGMENT ENTRY.
    • IT IS SO ORDERED.
    • COPIES TO PARTIES.
    03/24/2023
    • PRAECIPE FOR ALIAS SUMMONS FILED / REISSUE BY CERTIFIED
    • MAIL TO DEFENDANT AT NEW ADDRESS
    03/31/2023
    • ADDITIONAL SUMMONS $10.00
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2301061 IN THE AMOUNT OF $ 20.00
    • SUMMONS REISSUED BY CERTIFIED MAIL AS REQUESTED
    • E-CERTIFIED MAIL # 9314 8699 0440 0070 6118 48
    • ISSUED ON: 03/31/2023 TO: CUSTOM CONTRACTING AND DESIGNS
    • SENT BY: TERESA
    05/11/2023
    • CERTIFIED MAIL RETURNED MARKED NOT DELIVERABLE AS ADDRESSED
    05/19/2023
    • NOTICE OF FAILURE OF SERVICE EMAILED TO PLAINTIFF'S ATTY.
    06/05/2023
    • REQUEST FOR SUMMONS TO BE REISSUED BY CERTIFIED MAIL TO
    • DEFENDANT AT NEW ADDRESS
    06/12/2023
    • ADDITIONAL SUMMONS $10.00
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2301882 IN THE AMOUNT OF $ 10.00
    • DEPOSIT - RECEIPT NO. 2301883 IN THE AMOUNT OF $ 10.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0071 4110 65
    • ISSUED ON: 06/12/2023 TO: DEVAILUS, EDWARD
    • SENT BY: TERESA
    • DEPOSIT WAS PAID OUT AMOUNT $ 10.00
    • SUMMONS ISSUED TO DAVAILUS, EDWARD
    • BY CERT MAIL.
    06/16/2023
    • SUMMONS SERVED ON DAVAILUS, EDWARD .
    06/20/2023
    • E-CERTIFIED MAIL # 9314 8699 0440 0071 4110 65 REFERENCE # 2
    • SERVED ON: 06/16/2023 TO: DEVAILUS, EDWARD
    08/25/2023
    • CASE SET FOR A TELEPHONE P-T ON 09/19/2023 AT 1:30 PM
    • HEARING NOTICE TO PARTIES
    08/30/2023
    • MOTION FOR DEFAULT JUDGMENT FILED BY PLAINTIFF ATTORNEY
    • MOTIONS/REQUESTS $10.00
    09/07/2023
    • PAYMENT - RECEIPT NO. 2302832 IN THE AMOUNT OF $ 10.00
    • DEPOSIT - RECEIPT NO. 2302833 IN THE AMOUNT OF $ 10.00
    10/31/2023
    • CASE SET FOR A DEFAULT/TELE ON 11/22/2023 AT 1:30 PM
    • HEARING NOTICE TO PARTIES
    11/22/2023
    • PRETRIAL HELD WITH PLAINTIFF ATTORNEY. HEARING ON
    • DISPOSITIVE MOTION SET FOR 12/19/23 @ 1:30 PM. ALL
    • PARTIES OR REPRESENTATIVES WITH AUTHORITY ARE REQUIRED TO
    • BE PRESENT. COPIES TO PARTIES
    • JOURNAL ENTRY $10.00
    11/27/2023
    • CASE SET FOR A DEFAULT HEARING ON 12/19/2023 AT 1:30 PM
    12/27/2023
    • CASE SET FOR A DEFAULT HEARING ON 02/08/2024 AT 1:30 PM
    • HEARING NOTICE TO PARTIES
    02/08/2024
    • JUDGMENT: J-FOR FOX, RAYMOND IN THE AMOUNT
    • OF $10199.00.
    • JUDGMENT: J-FOR FONSECA, LAURA IN THE AMOUNT
    • OF $10199.00.
    • JUDGMENT: J-DEFAULT DAVAILUS, EDWARD IN THE AMOUNT
    • OF $10199.00.
    • THIS MATTER CAME ON FOR HEARING ON THE PLAINTIFF'S MOTION
    • FOR DEFAULT JUDGMENT ON PLAINTIFF'S MOTION FOR DEFAULT
    • JUDGMENT. PLAINTIFF LAURA FONSECA APPEARED AND TESTIFIED.
    • PLAINTIFF RAYMOND FOX DID NOT APPEAR. THE DEFENDANT,
    • ALTHOUGH SERVED, FAILED TO ANSWER, APPEAR, OR OTHERWISE
    • DEFEND THE CASE. DEFENDANT WAS SENT NOTICE OF THE HEARING
    • ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND DID NOT
    • APPEAR.
    • THIS MATTER INVOLVES AN AGREEMENT BY DEFENDANT TO CONSTRUCT
    • AN ADDITION TO PROPERTY OWNED BY PLAINTIFFS. THE DEFENDANT
    • PROVIDED PLAINTIFFS WITH A PROPOSAL FOR MATERIAL AND LABOR
    • FOR WHICH PLAINTIFFS PAID A DEPOSIT OF $17,500 ON 10/27/20.
    • DEFENDANT HAS NOT DONE ANY OF THE WORK AS PROVIDED IN THE
    • CONTRACT. ALTHOUGH DEMANDED BY PLAINTIFF, DEFENDANT HAS
    • NOT RETURNED THE DEPOSIT IN FULL. DEFENDANT HAS RETURNED,
    • IN NUMEROUS PARTIAL PAYMENTS, A PORTION OF THE DEPOSIT.
    • DEFENDANT HAS, TO DATE RETURNED $7,301.00. A BALANCE
    • REMAINS IN THE AMOUNT OF $10,199.00
    • THE COURT ENTERS JUDGMENT IN FAVOR OF THE PLAINTIFF AGAINST
    • THE DEFENDANT IN THE AMOUNT OF $10,199.00.
    • IT IS SO ORDERED.
    • COPIES TO PARTIES.
    02/09/2024
    • JUDGMENT ENTRY $10.00
    • DEPOSIT WAS PAID OUT AMOUNT $ 21.00
    • STATEMENT OF BALANCE DUE ($9.00) MAILED TO PLTF ATTORNEY
    03/04/2024
    • DEPOSIT - RECEIPT NO. 2400650 IN THE AMOUNT OF $ 9.00
    • DEPOSIT PAYMENT ERROR OF $ -9.00
    03/05/2024
    • DEPOSIT - RECEIPT NO. 2400651 IN THE AMOUNT OF $ 9.00
    05/08/2024
    • DEPOSIT REFUND IN THE AMOUNT OF $ 18.00
    • CHECK 27272 WAS ISSUED TO SCOTT D. WHITE
    • IN THE AMOUNT OF $ 18.00