Civil Case Details

General Information

Case Number
12CVF01997
Case Name
MIDLAND FUNDING LLC v. JON C PETRO
File Date
7/19/2012
Case Status
Inactive/Dormant

View Documents

Parties

Party Name
MIDLAND FUNDING LLC
Address
8875
AERO DRIVE
SAN DIEGO, CA 92123
Attorney
JAVITCH BLOCK LLC
Label
Plaintiff
Party Name
JON C PETRO
Address
430 LIMA AVE
APT 4
FINDLAY, OH 45840
Attorney
Label
Defendant

Services

Requested For
MOTION TO REVIVE
Requested On
11/13/2024
Requested By
Party Served
JON C PETRO
Method
Certified Mail
Status
Failed
Completed On
12/4/2024
Requested For
MOTION TO REVIVE
Requested On
8/28/2024
Requested By
Party Served
JON C PETRO
Method
Certified Mail
Status
Failed
Completed On
9/25/2024
Requested For
MOTION TO REVIVE
Requested On
5/17/2024
Requested By
Party Served
JON C PETRO
Method
Certified Mail
Status
Failed
Completed On
5/29/2024
Requested For
Summons - Civil
Requested On
7/19/2012
Requested By
Party Served
JON C PETRO
Method
Certified Mail
Status
Perfected
Completed On
7/20/2012

Claims/Judgments

Claim Number
1
Claim Description
MIDLAND FUNDING LLC v. JON C PETRO
File Date
7/19/2012
Claim Type
Claim between plaintiff(s) and defendant(s)
Prayer Amount
$1,208.38
Judgment Number
1
Judgment
Judgment Date
1/29/2013
Judgment Amount
$1,208.38

Hearing Information

Description Court Date/Time Court Room Heard By
Revivor 6/30/2025 3:30:00 PM 208 STEPHANIE M BISHOP
Revivor 1/17/2025 9:00:00 AM 208 STEPHANIE M BISHOP
Continued 12/6/2024 9:30:00 AM 208 STEPHANIE M BISHOP
Continued 10/25/2024 9:30:00 AM 208 STEPHANIE M BISHOP
Continued 9/9/2024 2:30:00 PM 208 STEPHANIE M BISHOP
Continued 7/19/2024 9:00:00 AM 208 STEPHANIE M BISHOP
Summary Judgment 1/7/2013 10:30:00 AM 2 ROBERT A FRY
Pre-Trial 9/7/2012 9:30:00 AM 2 ROBERT A FRY

Docket Information

Entry Date Entry
5/13/2025 Assignment Notice - Civil Notice issued to JON C PETRO
5/13/2025 Assignment Notice - Civil Notice issued to JAVITCH BLOCK LLC
5/13/2025 Revivor set for 06/30/2025 at 03:30 PM in room 208 by JUDGE STEPHANIE M BISHOP
5/12/2025 RECEIVED PLAINTIFF'S MOTION TO REVIVE. SET FOR HEARING. S/ JUDGE BISHOP
5/12/2025 Paid $21.00 for Cost/524 SPECIAL PROJECTS FUND receipt# 2025414694 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1808335
5/12/2025 Paid $7.00 for Cost/501 CLERK & BAILIFF FEES receipt# 2025414694 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1808335
5/12/2025 Paid $3.00 for Cost/515 ELECTRONIC IMAGING receipt# 2025414694 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1808335
5/12/2025 Paid $5.00 for Cost/541 COURT COMPUTERIZATION FU receipt# 2025414694 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1808335
5/12/2025 Paid $13.00 for Cost/540 MUNI CT IMPROVEMENT FUND receipt# 2025414694 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1808335
5/12/2025 Paid $1.00 for Cost/518 MEDIATION receipt# 2025414694 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1808335
5/12/2025 PRECIPE FOR CERT MAIL filed by MIDLAND FUNDING LLC/Plaintiff on 05/12/2025 /by attorney (WODZISZ)
5/12/2025 Motion to Revive Judgment filed by MIDLAND FUNDING LLC/Plaintiff on 05/12/2025 /by attorney (WODZISZ)
1/21/2025 Motion to Revive Judgment DENIED by STEPHANIE M BISHOP JUDGE on 01/21/2025 (WODZISZ)
1/17/2025 Revivor. Attorney Blackmar appeared on behalf of Plaintiff. No service on Defendant and no further attempt for service from Plaintiff. Motion to revive is denied. s/ Judge Stephanie M Bishop
12/9/2024 Assignment Notice - Civil Notice issued to JON C PETRO
12/9/2024 Assignment Notice - Civil Notice issued to JAVITCH BLOCK LLC
12/9/2024 Revivor continued to 01/17/2025 at 09:00 AM in room 208 by JUDGE STEPHANIE M BISHOP
12/6/2024 Revivor. Neither party appeared. Continue for service. s/Judge Stephanie M Bishop
12/4/2024 FAILED SERVICE FOR HRG Notice issued to JAVITCH BLOCK LLC
12/4/2024 Service for MOTION TO REVIVE to JON C PETRO sent via Certified Mail was Failed on 12/04/2024 Receipt Number 9414814903030614479995 Failure Reason: UNCLAIMED
11/13/2024 Paid $10.00 for Cost/501 CLERK & BAILIFF FEES receipt# 2024435647 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1741964
11/13/2024 MOTION TO REVIVE notice issued to JON C PETRO via Certified Mail 9414814903030614479995
11/13/2024 PRECIPE TO REISSUE CERTIFIED MAIL filed by MIDLAND FUNDING LLC/Plaintiff on 11/05/2024 /by attorney (WODZISZ)
10/28/2024 Assignment Notice - Civil Notice issued to JON C PETRO
10/28/2024 Assignment Notice - Civil Notice issued to JAVITCH BLOCK LLC
10/28/2024 Revivor continued to 12/06/2024 at 09:30 AM in room 208 by JUDGE STEPHANIE M BISHOP
10/25/2024 Motion to continue GRANTED by STEPHANIE M BISHOP JUDGE on 10/25/2024 (HAMILTON)
10/24/2024 Motion to continue filed by MIDLAND FUNDING LLC/Plaintiff on 10/24/2024 /by attorney (HAMILTON)
9/25/2024 FAILED SERVICE FOR HRG Notice issued to JAVITCH BLOCK LLC
9/25/2024 Service for MOTION TO REVIVE to JON C PETRO sent via Certified Mail was Failed on 09/25/2024 Receipt Number 9414814903030614468616 Failure Reason: UNCLAIMED NOTIFY SENDER OF NEW ADDRESS 428 LIMA AVE APT 4 FINDLAY OH 45840
9/19/2024 Assignment Notice - Civil Notice issued to JON C PETRO
9/19/2024 Assignment Notice - Civil Notice issued to JAVITCH BLOCK LLC
9/19/2024 Revivor continued to 10/25/2024 at 09:30 AM in room 208 by JUDGE STEPHANIE M BISHOP
9/9/2024 Revivor. Atty Schiech appeared on behalf of Plaintiff's attorney. No service on Defendant. Continue for service. s/ Judge Stephanie M Bishop
8/28/2024 Paid $10.00 for Cost/501 CLERK & BAILIFF FEES receipt# 2024427473 by JAVITCH BLOCK LLC. Payment credited to MIDLAND FUNDING LLC. CHECK# 1715586
8/28/2024 MOTION TO REVIVE notice issued to JON C PETRO via Certified Mail 9414814903030614468616
8/28/2024 PRECIPE TO REISSUE CERTIFIED MAIL filed by MIDLAND FUNDING LLC/Plaintiff on 08/27/2024 /by attorney (WODZISZ)
7/19/2024 Assignment Notice - Civil Notice issued to JON C PETRO
7/19/2024 Assignment Notice - Civil Notice issued to JAVITCH BLOCK LLC
7/19/2024 Revivor continued to 09/09/2024 at 02:30 PM in room 208 by JUDGE STEPHANIE M BISHOP
7/19/2024 Revivor. Atty Schiech appeared on behalf of Plaintiff's attorney. No service on Defendant. Continue for service. s/ Judge Stephanie M Bishop
5/29/2024 FAILED SERVICE FOR HRG Notice issued to JAVITCH BLOCK LLC
5/29/2024 Service for MOTION TO REVIVE to JON C PETRO sent via Certified Mail was Failed on 05/29/2024 Receipt Number 9414814903030614451915 Failure Reason: ATTEMPTED NOT KNOWN
5/17/2024 MOTION TO REVIVE notice issued to JON C PETRO via Certified Mail 9414814903030614451915
5/16/2024 Assignment Notice - Civil Notice issued to JON C PETRO
5/16/2024 Assignment Notice - Civil Notice issued to BRADLEY TRIPLETT
5/16/2024 Revivor set for 07/19/2024 at 09:00 AM in room 208 by JUDGE STEPHANIE M BISHOP
5/14/2024 Paid $3.00 for Cost/515 ELECTRONIC IMAGING receipt# 2024415466 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 1674939
5/14/2024 Paid $5.00 for Cost/541 COURT COMPUTERIZATION FU receipt# 2024415466 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 1674939
5/14/2024 Paid $13.00 for Cost/540 MUNI CT IMPROVEMENT FUND receipt# 2024415466 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 1674939
5/14/2024 Paid $1.00 for Cost/518 MEDIATION receipt# 2024415466 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 1674939
5/14/2024 Paid $21.00 for Cost/524 SPECIAL PROJECTS FUND receipt# 2024415466 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 1674939
5/14/2024 Paid $7.00 for Cost/501 CLERK & BAILIFF FEES receipt# 2024415466 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 1674939
5/14/2024 PRECIPE FOR CERT MAIL filed by MIDLAND FUNDING LLC/Plaintiff on 05/14/2024 /by attorney (WODZISZ)
5/14/2024 Motion to Revive Judgment filed by MIDLAND FUNDING LLC/Plaintiff on 05/07/2024 /by attorney (WODZISZ)
5/14/2024 RECEIVED MOTION TO REVIVE JUDGMENT. SET FOR HEARING. S/BY SMB, JUDGE
4/9/2021 Case Assignment Transferred to Judge Bishop
4/20/2018 Case Status changed to Inactive/Dormant case
2/22/2013 CANCELLED Trial for 02/25/2013 at 01:30 PM in room 2 by Judge ROBERT A FRY
1/29/2013 This matter came on for consideration by the Court upon the Plaintiff’s Motion for Summary Judgment and Plaintiff’s Supplement To Motion for Summary Judgment. Plaintiff in its motion attached the affidavit of Bonnie Gohman, Legal Specialist of Plaintiff; forty-three pages of statements; a computerized print-out document; and a copy of a cardholder agreement. Plaintiff submitted a legal memorandum in support of its Motion. The matter was set for a non-oral hearing upon Plaintiff’s motion to allow Defendant time to respond to the motion. The Defendant failed to file any pleading in opposition to Plaintiff’s Motion For Summary Judgment. Plaintiff cites the Court to Rule 56(C) of the Ohio Rules of Civil Procedure which sets forth, in pertinent part, that: Summary judgment shall be rendered forthwith if the pleadings, depositions, . . . . show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. . . . . As the Plaintiff concedes, the party moving for summary judgment has the initial burden of producing some evidence which demonstrates the lack of genuine issue of material fact, citing Dresher v. Burt, 75 Ohio St.3d 280, 293, 1996-Ohio-107. In doing so, the moving party is not required to produce any affirmative evidence, but must identify those portions of the record which affirmatively support his argument. Id. at 292. This Court must first determine whether the Plaintiff has satisfied its burden under Civil Rule 56. Civil Rule 56(C) provides that the trial court consider “the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact.” A document that does not fit within a category listed in Civ. R. 56 may be introduced as evidentiary material supporting a motion for summary judgment where it is incorporated by reference in a properly framed affidavit. Retail Recovery Serv. of New Jersey v. Conley, 3rd Dist. App. No. 10-09-15, 2010-Ohio-1256 at P15 citing Civ. R. 56(E); General Motors Acceptance Corp v. Hollanshead (1995), 105 Ohio App.3d 17, 20; Polanco v. Asbestos Corp. LTD, 3rd Dist. No. 11-07-13, 2009-Ohio-85 at P14. The incorporated document must be properly authenticated to be of evidentiary nature required by Civ. R. 56(C). Id, citations omitted. As indicated, Plaintiff attached the affidavit of Bonnie Gohman in support of its Motion for Summary Judgment. Ms. Gohman attested to the outstanding balance of the account. Since the Plaintiff attached the affidavit of Ms.Gohman to its Motion for Summary Judgment, the Court finds that the Plaintiff has identified those portions of the record which affirmatively supports its argument and therefore Plaintiff has satisfied its initial burden of producing some evidence of the lack of a genuine issue of material fact as to an account stated action. Once the moving party in a summary judgment proceeding has satisfied its initial burden, “the nonmoving party must then rebut with specific facts showing the existence of a genuine triable issue; he may not rest on the mere allegations or denials of his pleadings.” Conley at P12 citing Dresher v. Burt, supra; Civ. R. 56(E). As indicated above, the Defendant failed to file any response or pleading in opposition to Plaintiff’s Motion for Summary Judgment. Therefore this Court finds that no genuine issue exists that the Plaintiff has established an action on an account stated against the Defendant. The Court further finds that based upon the Plaintiff’s Memorandum of Law in Support of its Motion for Summary Judgment that the Plaintiff is entitled to judgment as a matter of law. It therefore ORDERED that Plaintiff is granted judgment against Defendant, Jon C. Petro in the amount of $1208.38 plus interest at the statutory rate of 3% per annum from the date of judgment, and court costs.
1/29/2013 Envelope Notice issued to JON C PETRO
1/29/2013 JUDGMENT GRANTED FOR SUMMARY JUDGMENT of $1208.38 with interest at the rate of 3.00% from 01/29/2013 for MIDLAND FUNDING LLC rendered.
1/2/2013 PLAINTIFFS SUPPLEMENT TO MOTION FOR SUMMARY JUDGMENT FILED BY ATTY FIGELMAN
12/10/2012 Assignment Notice - Civil Notice issued to BRADLEY TRIPLETT
12/10/2012 Assignment Notice - Civil Notice issued to JON C PETRO
12/10/2012 Summary Judgment set for 01/07/2013 at 10:30 AM in room 2 by Judge ROBERT A FRY PER JUDGE FRY-REVIEWED SUMMARY JUDGMENT MOTION, SET FOR NON-ORAL HEARING, PARTIES APPEARANCE NOT REQUIRED. A COURT TRIAL IS ALSO SET FOR 2/25/13.
12/6/2012 REVIEW SUMM JUDGMENT MOTION - SET FOR NON ORAL HEARING IN JANUARY 2013. S/RAF, JUDGE
12/3/2012 Motion for Summary Judgment filed by MIDLAND FUNDING LLC/Plaintiff on 12/03/2012 /by attorney (FIGELMAN)
10/8/2012 Assignment Notice - Civil Notice issued to BRADLEY TRIPLETT
10/8/2012 Assignment Notice - Civil Notice issued to JON C PETRO
10/8/2012 Trial set for 02/25/2013 at 01:30 PM in room 2 by Judge ROBERT A FRY
10/8/2012 PRETRIAL ORDER. LEAVE TO FILE SJ MOTION GIVEN TO PLTF ON OR BEFORE 12/1/12. CASE TO BE ASSIGNED FOR TRIAL AFTER 1/1/2013. TWO HOURS ALLOTTED. DISCLOSURE OF WITNESS. TO BE 1 WEEK BEFORE TRIAL. PLTF/DEFT WAIVE DEMEAND FOR JURY TRIAL AND WISH TO PROCEED TO TRIAL BY COURT. S/RAF JUDGE
9/7/2012 PT STATEMENT filed by MIDLAND FUNDING LLC/Plaintiff on 09/07/2012 /by attorney (HAHNER)
9/4/2012 Motion to appear by phone GRANTED by ROBERT A FRY Judge on 09/04/2012 (FIGELMAN)
8/30/2012 Motion to appear by phone filed by MIDLAND FUNDING LLC/Plaintiff on 08/30/2012 /by attorney (FIGELMAN)
8/13/2012 Assignment Notice - Civil Notice issued to JON C PETRO
8/13/2012 Assignment Notice - Civil Notice issued to BRADLEY TRIPLETT
8/13/2012 Pre-Trial set for 09/07/2012 at 09:30 AM in room 2 by Judge ROBERT A FRY
8/13/2012 RECEIVED ANSWER. SET FOR PRE-TRIAL. S/KCS VJ
8/9/2012 Answer filed by JON C PETRO/Defendant on 08/09/2012
7/20/2012 Service For Summons - Civil to JON C PETRO sent via Certified Mail was Perfected on 07/20/2012 Answer Due Date: 08/17/2012 Receipt Number 9171082133393587111300
7/20/2012 Envelope Notice issued to BRADLEY TRIPLETT
7/20/2012 Paid $12.00 for Cost/524 SPECIAL PROJECTS FUND receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $52.00 for Cost/501 CLERK & BAILIFF FEES receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $25.74 for Cost/511 CIVIL STATE ADDITION FEE receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $3.00 for Cost/541 COURT COMPUTERIZATION FU receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $3.00 for Cost/540 MUNI CT IMPROVEMENT FUND receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $0.26 for Cost/590 CIV ST ADDITION FEE (1%) receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $1.00 for Cost/518 MEDIATION receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Paid $3.00 for Cost/515 ELECTRONIC IMAGING receipt# 2012408140 by BRADLEY TRIPLETT. Payment credited to MIDLAND FUNDING LLC. CHECK# 398047
7/20/2012 Voided payment for $50.00 receipt number 2012407972
7/19/2012 Summons - Civil notice issued to JON C PETRO via Certified Mail 9171082133393587111300
7/19/2012 PRECIPE FOR CERT MAIL (REISSUE BY ORD MAIL IF CERT MAIL RETD UNCLAIMED OR REFUSED) filed by MIDLAND FUNDING LLC/Plaintiff on 07/17/2012 /by attorney (TRIPLETT)
7/19/2012 Original Claim $1208.38 Filed, MIDLAND FUNDING LLC

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