Avon Lake Municipal Court
Docket entry on civil case number CVI 2100549

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Case Number: CVI 2100549
Defendant(s): Waleri, Roger Waleri, Roger
    08/24/2021
    • CASE WAS FILED WITH COURT
    08/27/2021
    • CASE SET FOR A SMALL CLAIMS ON 10/06/2021 AT 2:30 PM
    • SMALL CLAIMS FILING FEE FOR 2 DEFENDANTS85.00
    • PAYMENT - RECEIPT NO. 2102572 IN THE AMOUNT OF $ 85.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0061 0700 29
    • ISSUED ON: 08/27/2021 TO: WALERI, ROGER
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0061 0700 43
    • ISSUED ON: 08/27/2021 TO: WALERI, ROGER
    • SENT BY: MILLERM
    09/09/2021
    • E-CERTIFIED MAIL # 9314 8699 0440 0061 0700 43 REFERENCE # 1
    • SERVED ON: 08/03/2021 TO: WALERI, ROGER
    09/15/2021
    • REQUEST FOR CONTINUANCE OF SMALL CLAIMS TRIAL SET ON 10/6/21
    • @ 2:30 PM FILED BY DEFENDANT'S ATTRONEY MICHAEL BRIACH
    • (GRANTED)
    09/16/2021
    • CASE SET FOR A SMALL CLAIMS ON 10/19/2021 AT 2:30 PM
    • NOTICE TO PARTIES
    10/07/2021
    • COUNTERCLAIM (NO SERVICE) $20.00
    • COUNTERCLAIM OF ULTIMATE LANDSCAPE MANAGEMENT, LLC DBA
    • THE GROUND GUYS OF AVON FILED BY ATTORNEY MICHAEL BRIACH
    10/08/2021
    • SUBPOENA FILED BY DEFENDANT'S ATTORNEY WITH REQUEST FOR10.00
    • SERVICE FROM BAILIFF
    10/12/2021
    • E-CERTIFIED MAIL # 9314 8699 0440 0061 0700 29 REFERENCE # 1
    • UNCLAIMED
    10/13/2021
    • BAILIFF FEES $21.00
    10/26/2021
    • POST TRIAL BRIEF OF ULTIMATE LANDSCAPE MANAGMENT, LLC
    • DBA THE GROUN OF AVON FILED BY ATTORNEY MICHAEL BRIACH
    12/13/2021
    • THIS MATTER CAME BEFORE THE COURT FOR HEARING ON OCTOBER
    • 19,021 TO RESOLVE THE ISSUES PRESENTED BY PLAINTIFF'S SMALL
    • CLAIMS COMPLAINT AND THE DEFENDANT ULTIMATE LANDSCAPE
    • MANAGEMENT, LLC'S COUNTERCLAIM. PLAINTIFF APPEARED AND
    • LANDSCAPING WORK TO BE DONE AT THE PLAINTIFF'S PROPERTY...
    • THE COURT FINDS THAT THE CIRCUMSTANCES DESCRIBED BY THE
    • WITNESSES TO THE DISCUSSION BETWEEN MR. WALERI AND MR.
    • GREEN WERE NOT SUFFICIENT TO RESULT IN A BREACH OF THE
    • THE COURT THEREFORE FINDS THAT THE PLAINTIFF IS ENTITLED TO
    • REIMBURSEMENT OF THE AMOUNT PAID OF $1,504.78 DUE TO THE
    • BREACH OF CONTRACT BY THE DEFENDANT AS ASSERTED IN HER
    • COMPLAINT. JUDGMENT IS ENTERED FOR PLAINTIFF ON THE
    • JUDGMENT: CT-FOR GREEN, SUSAN M. IN THE AMOUNT
    • OF $1504.78. INTEREST FROM 12/13/2021
    • AT THE RATE OF 3.000%
    • JUDGMENT: CT-AGAINST WALERI, ROGER IN THE AMOUNT
    • OF $1504.78. INTEREST FROM 12/13/2021
    • AT THE RATE OF 3.000%
    • JUDGMENT: CT-AGAINST WALERI, ROGER IN THE AMOUNT
    • OF $1504.78. INTEREST FROM 12/13/2021
    • AT THE RATE OF 3.000%
    • PRESENTED TESTIMONY, DOCUMENTS AND PHOTOS. THE DEFENDANT
    • APPEARED THROUGH COUNSEL, ATTORNEY MICHAEL BRIACH, AND
    • PRESENTED THE TESTIMONY OF ROGER WALERI AND MICHAEL WALERI
    • AND EXHIBITS A THROUGH D.
    • CONTRACT BY THE PLAINTIFF. NO THREATS OR ASSAULTS
    • OCCURRED. THE ACCOUNTS BY ALL WITNESSES OF THE STATEMENTS
    • BY MR. GREEN (EVEN IF THE COURT WERE TO CONCLUDE THAT HE
    • WAS ACTING AS AN AGENT FOR HIS WIFE) FALL SHORT OF THE
    • DEFENDANT'S COUNTERCLAIM.
    • JUDGMENT IS ENTERED FOR THE PLAINTIF AGAINST THE DEFENDANT
    • IN THE AMOUNT OF $1,504.78 WITH INTEREST OF 3% PER YEAR AND
    • THE COSTS OF THIS ACTION.
    • THE PLAINTIFF'S CLAIM AGAINST ROGER WALERI PERSONALLY IS
    • NOT SUPPORTED BY THE EVIDENCE AND IS DISMISSED.
    • THE SUIT INVOLVES A CLAIM FOR THE RETURN OF A 50% DEPOSIT
    • OF $1,504.78 PAID BY THE PLAINTIFF TO THE DEFENDANT FOR
    • NECESSARY LEVEL OF PROOF OF HARASSMENT. FURTHERMORE, THE
    • CLEAR CANCELLATION BY MR. WALERI ON BEHALF OF THE GROUND
    • GUYS WAS NOT JUSTIFIED UNDER THE TERMS OF THE CONTRACT.
    • IT IS SO ORDERED.
    • COPIES TO PARTIES.
    • FULL JUDGMENT ENTRY AVAILALBE AT AVON LAKE MUNICIPAL COURT
    01/07/2022
    • THE JUDGMENT HAS BEEN FULLY PAID AND SATISFIED.
    • COPIES TO PARTIES.
    01/11/2022
    • CASE SATISFIED AS TO WALERI, ROGER.
    • CASE SATISFIED AS TO WALERI, ROGER.