Avon Lake Municipal Court
Docket entry on civil case number CVI 2200584

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Case Number: CVI 2200584
Defendant(s): Masarik, Lance
    11/22/2022
    • CASE WAS FILED WITH COURT
    11/30/2022
    • SUMMONS ISSUED TO LANCE'S HANDYMAN
    • BY CERT.MAIL.
    • CASE SET FOR A SMALL CLAIMS ON 01/11/2023 AT 1:30 PM
    • NOTICE TO PARTIES
    • SMALL CLAIMS FILING FEE FOR 1 DEFENDANT $75.00
    • PAYMENT - RECEIPT NO. 2203465 IN THE AMOUNT OF $ 75.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0067 6732 31
    • ISSUED ON: 11/30/2022 TO: MASARIK, LANCE
    • SENT BY: MILLERM
    12/07/2022
    • E-CERTIFIED MAIL # 9314 8699 0440 0067 6732 31 REFERENCE # 2
    • SERVED ON: 12/05/2022 TO: MASARIK, LANCE
    01/09/2023
    • EMAIL TO JUDGE FROM DEFENDANT REQUESTIG A CONTINUANCE DUE
    • TO HAVING CO-VID AND FLU(GRANTED)
    • CASE SET FOR A SMALL CLAIMS ON 02/02/2023 AT 2:30 PM
    • NOTICE TO PARTIES
    02/02/2023
    • JUDGMENT: J-FOR VICAREL, MATTHEW T IN THE AMOUNT
    • OF $3080.00. INTEREST FROM 02/02/2023
    • AT THE RATE OF 3.000%
    • JUDGMENT: J-FOR VICAREL, ASHLEY IN THE AMOUNT
    • OF $3080.00. INTEREST FROM 02/02/2023
    • AT THE RATE OF 3.000%
    • JUDGMENT: J-AGAINST MASARIK, LANCE IN THE AMOUNT
    • OF $3080.00. INTEREST FROM 02/02/2023
    • AT THE RATE OF 3.000%
    • THIS MATTER WAS CALLED FOR HEARING ON PLAINTIFFS' SMALL
    • CLAIMS COMPLAINT. PLAINTIFFS APPEARED AND PRESENTED
    • TESTIMONY AND DOCUMENTARY EVIDENCE. DEFENDANT APPEARED AND
    • TESTIFIED.
    • THE CASE INVOLVES AN AGREEMENT BETWEEN THE PARTIES IN
    • AUGUST 2022 TO INSTALL TILE TO THE KITCHEN COUNTER
    • BACKSPLAS, TO PAINT LOWER CABINETS, AND TO REPLACE THE
    • CABINET HANDLES AT THE PLAINTIFFS' HOUSE. THE TOTAL COST
    • OF THE WORK WAS $3,750 AND THE PLAINTIFFS PAID THE
    • DEFENDANT $2,300 IN ADVANCE.
    • THE DEFENDANT COMPLETED THE HANDLE REPLACEMENT TO THE
    • SATISFACTION OF THE PLAINTIFFS. NO PAINTING WAS DONE.
    • HOWEVER, THE TILE INSTALLATION WAS NOT SATISFACTORY BECAUSE
    • THE TILES WERE NOT LEVEL AND WERE NOT CUT PROPERLY
    • RESULTING IN AN UNACCEPTABLE GAP BELOW THE CABINETS. THE
    • REMEDY REQUIRES THE REMOVAL AND REPLACEMENT OF THE TILES.
    • THE VALUE OF THE SATISFACTORY WORK INSTALLIN THE HANDLES IS
    • $540. DAMAGES INCLUDE THE SUM OF THE DEPOSIT OF $2,300,
    • THE VALUE OF THE TILES USED OF $720, AND THE COST OF
    • REPAIRING THE DRY WAL OF $600 - ALL OF WHICH AMOUNTS TO
    • $3,620. CREDITING THE VALUE OF THE HANDLE INSTALLATIONOF
    • $540. LEAVES A BALANCE OF $3,080.
    • BASED UPON THE FOREGOING FINDINGS, THE COURT GRANTS
    • JUDGMENT TO THE PLAINTIFF AGAINST THE DEFENDANT, LANCE
    • MASARIK IN THE AMOUNT OF $3,080 WITH INTEREST AT 3% PER
    • YEAR FROM JUDGMENT AND FOR THE COSTS OF THIS ACTION.
    • IT IS SO ORDERED.
    • COPIES TO PARTIES.