|
Date
|
Code
|
Description
|
Reference
|
Receipt
|
Cost
|
|
02/21/92
|
4.5
|
Entry Appointing Fiduciary, Letter of
|
|
|
.00
|
|
|
|
Authority
|
|
|
|
|
|
|
Marshall, Janet L.
|
(fidy)
|
|
|
|
02/21/92
|
a
|
Initial Deposit/Hard Docket Transfer
|
|
200.00
|
|
|
04/03/92
|
2.3a
|
Certificate of Service of Notice of
|
|
|
.00
|
|
|
|
Probate of Will
|
|
|
|
|
05/13/92
|
6.0
|
Inventory
|
32787.50
|
|
.00
|
|
05/13/92
|
6.1
|
Schedule of Assets
|
|
|
.00
|
|
05/19/92
|
6e
|
Entry Setting Hearing and Ordering
|
|
|
.00
|
|
|
|
Notice on Inventory
|
|
|
|
|
05/19/92
|
6f
|
Notice to Daily Reporter (Inventory)
|
|
|
.00
|
|
06/19/92
|
6g
|
Proof of Publication (Inventory)
|
|
|
.00
|
|
06/19/92
|
6h
|
Judgment Entry Approving Inventory
|
|
|
.00
|
|
10/08/92
|
25.0
|
Ohio Estate Tax Resident Return
|
|
|
.00
|
|
12/09/92
|
13a
|
Fiduciary's Partial Account
|
1st
|
|
.00
|
|
12/09/92
|
13.1
|
Receipts and Disbursements
|
|
|
.00
|
|
12/09/92
|
13.2
|
Assets Remaining in Fiduciary's Hands
|
24794.95
|
|
.00
|
|
12/14/92
|
13e
|
Entry Setting Hearing and Ordering
|
|
|
.00
|
|
|
|
Notice on Account
|
|
|
|
|
12/14/92
|
13f
|
Notice to Daily Reporter (Account)
|
|
|
.00
|
|
01/19/93
|
13g
|
Proof of Publication (Account)
|
|
|
.00
|
|
01/19/93
|
13h
|
Judgment Entry Approving Partial Account
|
|
|
.00
|
|
01/19/93
|
|
FILE IS CURRENTLY AT THE COURT OF
|
|
|
.00
|
|
|
|
APPEALS
|
|
|
|
|
01/19/93
|
st
|
FILE IS AT COURT OF APPEALS
|
|
|
.00
|
|
04/14/93
|
1.4
|
Subpoena (Attorney to Serve)
|
12.00
|
|
.00
|
|
05/20/93
|
|
Motion for Sanctions
|
|
|
.00
|
|
05/20/93
|
|
Memorandum in Support
|
|
|
.00
|
|
05/20/93
|
2y
|
Notice of Hearing on Motion for
|
05/24/93
|
|
.00
|
|
|
|
Sanctions
|
|
|
|
|
05/20/93
|
|
Affidavit of Tobias H. Elsass
|
|
|
.00
|
|
05/20/93
|
|
Certificate of Service to Bryan B.
|
|
|
.00
|
|
|
|
Johnson
|
|
|
|
|
05/20/93
|
|
Certificate of Service to Nancy Morrison
|
|
|
.00
|
|
|
|
Bodycombe
|
|
|
|
|
11/30/93
|
|
Motion of Exec.moving for an order find-
|
|
|
.00
|
|
|
|
ing Atty.Elsass in contempt;for an order
|
|
|
|
|
|
|
vacating Judgment Entry dated 11/1/93
|
|
|
|
|
|
|
and for addl.expense money order
|
|
|
|
|
11/30/93
|
|
Memorandum In Support
|
|
|
.00
|
|
12/01/93
|
1e
|
Entry Setting Hearing - Motion of Janet
|
12/22/1993
|
|
.00
|
|
|
|
L. Marshall
|
|
|
|
|
12/08/93
|
|
Pursuant to order filed 11/1/93-Plaintif
|
|
|
.00
|
|
|
|
shall deposit $750.00 in certified funds
|
|
|
|
|
|
|
with the clerk of this court. Money
|
|
|
|
|
|
|
deposited 12/8/93
|
|
|
|
|
12/10/93
|
|
Betty Davis' Memorandum Contra Janet
|
|
|
.00
|
|
|
|
Marshall's Motion Dated 11/30/1993
|
|
|
|
|
12/20/93
|
1ca
|
Application for Attorney Fees
|
4491.50
|
|
.00
|
|
12/20/93
|
1cc
|
Consent to Attorney Fees
|
4491.50
|
|
.00
|
|
12/20/93
|
|
Application for Approval of Judgment
|
|
|
.00
|
|
|
|
Entry re: case in Court of Appeals
|
|
|
|
|
12/20/93
|
|
Ex A - Agreed Judgment Entry
|
|
|
.00
|
|
12/20/93
|
|
Ex B - Copy of Court of Appeals Opinion
|
|
|
.00
|
|
|
|
case # 93AP -111
|
|
|
|
|
12/20/93
|
|
Ex C - Copy of Court of Appeals Journal
|
|
|
.00
|
|
|
|
Entry of Judgment
|
|
|
|
|
12/20/93
|
|
Ex D - Copy of letter sent to attys.
|
|
|
.00
|
|
|
|
Bodycombe & Elsass for their signatures
|
on Judgment
|
|
|
|
|
|
Entry
|
|
|
|
|
12/20/93
|
1e
|
Entry Setting Hearing
|
12/22/1993
|
|
.00
|
|
|
|
on Applications for Fees & APproval of
|
|
|
|
|
|
|
Judgment Entry
|
|
|
|
|
01/05/94
|
|
Memorandum of Janet L.Marshall,Exec.
|
|
|
.00
|
|
01/05/94
|
|
Bench Memorandum of Betty Davis
|
|
|
.00
|
|
01/19/94
|
|
Court Order Nunc Pro Tunc- it is the
|
|
|
.00
|
|
|
|
order of this Court that the copies of
|
|
|
|
|
|
|
the Motion for Sanctions, Memorandum in
|
|
|
|
|
|
|
Support and Affidavit filed by Tobias...
|
|
|
|
|
01/19/94
|
|
...H. Elsass, be filed as originals as
|
|
|
.00
|
|
|
|
of May 20, l993. Further, the deputy
|
|
|
|
|
|
|
clerk is ordered to docket, to film, and
|
|
|
|
|
|
|
in accordance with Appellate Rule 9E,...
|
|
|
|
|
01/19/94
|
|
to supplement the record and transmit
|
|
|
.00
|
|
|
|
the documents to the Tenth District
|
|
|
|
|
|
|
Court of Appeals forthwith.
|
|
|
|
|
01/19/94
|
|
Transcript of Docket
|
|
|
.00
|
|
01/19/94
|
|
Certification of record to the Clerk of
|
|
|
.00
|
|
|
|
the Court of Appeals on 1/19/94 by
|
|
|
|
|
|
|
Mark Reitz.
|
|
|
|
|
02/02/94
|
|
Copy of Opinion rendered from the 10th
|
|
|
.00
|
|
|
|
Appellate District-As a result, the
|
|
|
|
|
|
|
first assignment of error is sustained.
|
|
|
|
|
|
|
Our ruling on the first assignment of
|
|
|
|
|
02/02/94
|
|
error, including the observations as to
|
|
|
.00
|
|
|
|
the scope of Civ.R.11, renders the
|
|
|
|
|
|
|
second assignment of error moot. As a
|
|
|
|
|
|
|
result, the judgment of the trial court
|
|
|
|
|
02/02/94
|
|
is reversed. The cause is remanded with
|
|
|
.00
|
|
|
|
instructions to overrule the motion for
|
|
|
|
|
|
|
sanctions as to appellant.
|
|
|
|
|
02/10/94
|
|
From The Court of Appeals of Ohio Tenth
|
|
|
.00
|
|
|
|
Appellate District, No. 93APF-11-1510
|
|
|
|
|
|
|
Journal Entry of Judgment - For the
|
|
|
|
|
|
|
reasons stated in the opinion of this
|
|
|
|
|
02/10/94
|
|
court rendered herein on February l,
|
|
|
.00
|
|
|
|
1994, appellant's first assignment of
|
|
|
|
|
|
|
error is sustained, the second assign-
|
|
|
|
|
|
|
ment of error is moot, and it is the
|
|
|
|
|
02/10/94
|
|
judgment and order of this court that
|
|
|
.00
|
|
|
|
the judgment of the Franklin County
|
|
|
|
|
|
|
Court of Common Pleas, Probate Division,
|
|
|
|
|
|
|
is reversed, and this cause is remanded
|
|
|
|
|
02/10/94
|
|
with instructions to overrule the motion
|
|
|
.00
|
|
|
|
for sanctions as to appellant in accor-
|
|
|
|
|
|
|
dance with law consistent with said
|
|
|
|
|
|
|
opinion.
|
|
|
|
|
03/30/94
|
mcc
|
All entries filed prior to April 1,
|
|
|
.00
|
|
|
|
1994 should be referenced from the
|
|
|
|
|
|
|
hard dockets
|
|
|
|
|
03/31/94
|
d
|
Hard Docket Transfer Debit/Cost
|
|
|
361.50
|
|
04/20/94
|
|
DECISION - Rendered on March 29, l994
|
|
|
.00
|
|
|
|
In the Court of Appeals of Ohio Tenth
|
|
|
|
|
|
|
Appellate District
|
|
|
|
|
|
|
Case Number 93APF11-1510
|
|
|
|
|
04/20/94
|
|
On Motion for Reconsideration
|
|
|
.00
|
|
|
|
The application for reconsideration
|
|
|
|
|
|
|
is denied.
|
|
|
|
|
05/11/94
|
13k
|
Notice to file Account
|
0013481
|
|
1.00
|
|
05/15/94
|
13k
|
Notice to File Account
|
06/13/1994
|
|
.00
|
|
|
|
- Amended
|
|
|
|
|
06/01/94
|
13a
|
Fiduciary's Partial Account
|
02
|
|
24.00
|
|
06/01/94
|
13.1
|
Receipts and Disbursements
|
|
|
.00
|
|
06/01/94
|
13.2
|
Assets Remaining in Fiduciary's Hands
|
4793.58
|
|
.00
|
|
06/02/94
|
13e
|
Setting Hearing & order notice on Accoun
|
|
|
.00
|
|
06/02/94
|
13f
|
Notice to Daily Reporter(Account)
|
|
|
.00
|
|
06/14/94
|
|
Copy of Entry filed 6/9/94 in
|
|
|
.00
|
|
|
|
Court of Appeals case No 94-671
|
|
|
|
|
06/23/94
|
13g
|
Proof of Publication (Account)
|
|
|
.00
|
|
07/13/94
|
13h
|
Judgment entry approving partial account
|
|
|
.00
|
|
07/19/94
|
1ca
|
Application for Attorney Fees
|
Additional
|
|
5.00
|
|
07/19/94
|
1e
|
Entry Setting Hearing
|
08/16/1994
|
|
5.00
|
|
|
|
to consider The Application for Approval
|
at 9:00 AM
|
|
|
|
|
|
of Judgment Entry as filed December
|
|
|
|
|
|
|
20, 1993; The Motion for Expense Money
|
|
|
|
|
07/19/94
|
|
as filed November 30, 1993; and the
|
|
|
.00
|
|
|
|
Application for Additional Fees as filed
|
|
|
|
|
|
|
on December 20, 1993; and the applic-
|
|
|
|
|
|
|
tion for Additional Fees as filed on
|
|
|
|
|
07/19/94
|
|
the 15th day of July 1994.
|
|
|
.00
|
|
07/19/94
|
|
Fee Statement
|
|
|
.00
|
|
08/08/94
|
|
Application for Distribution by
|
|
|
.00
|
|
|
|
Legatee or Distributee
|
|
|
|
|
08/08/94
|
cos
|
Certificate of Service of the
|
|
|
.00
|
|
|
|
Application for Distribution by Legatee
|
|
|
|
|
|
|
or Distributee to Bryan B. Johnson.
|
|
|
|
|
08/08/94
|
|
Memorandum Contra Application of
|
|
|
.00
|
|
|
|
Executor's Counsel for Additional Fees
|
|
|
|
|
08/08/94
|
cos
|
Certificate of Service of the
|
|
|
.00
|
|
|
|
Memorandum Contra Application of
|
|
|
|
|
|
|
Executor's Counsel for Additional Fees
|
|
|
|
|
|
|
to Bryan B. Johnson.
|
|
|
|
|
08/08/94
|
2.1
|
Notice of Appearance of Thomas C.
|
|
|
.00
|
|
|
|
Drabick, Jr., to act as co-counsel with
|
|
|
|
|
|
|
Tobias H. Elsass, on behalf of Betty
|
|
|
|
|
|
|
Davis.
|
|
|
|
|
08/08/94
|
cos
|
Certificate of Service of the Notice
|
|
|
.00
|
|
|
|
of Appearance of Counsel to Bryan B.
|
|
|
|
|
|
|
Johnson.
|
|
|
|
|
08/08/94
|
1e
|
Entry Setting Hearing on August 16, l994
|
|
|
5.00
|
|
|
|
at 9:00 A.M. to consider: Application
|
|
|
|
|
|
|
for Distribution by Legatee or
|
|
|
|
|
|
|
Distributee.
|
|
|
|
|
08/16/94
|
|
Motion for Relief from Judgment- Now
|
|
|
.00
|
|
|
|
comes Betty Davis, by and through
|
|
|
|
|
|
|
Atty. Thomas Drabick, Jr. and does
|
|
|
|
|
|
|
hereby request that the Court's
|
|
|
|
|
08/16/94
|
|
Entry of July 13, 1994 approving the
|
|
|
.00
|
|
|
|
accounting of the Executor of this
|
|
|
|
|
|
|
reference estate be vacated. This
|
|
|
|
|
|
|
request is made pursuant to Ohio
|
|
|
|
|
08/16/94
|
|
Civ. R 60(B)(5) amd Ohio R.C.2109.35.
|
|
|
.00
|
|
|
|
The reasons justifying this request are
|
|
|
|
|
|
|
more fully set forth in the accompany-
|
|
|
|
|
|
|
ing memorandum.
|
|
|
|
|
08/16/94
|
|
Memorandum in Support
|
|
|
.00
|
|
08/16/94
|
1e
|
Entry Setting Hearing
|
08/29/1994
|
|
5.00
|
|
|
|
Appl. for Approval of Judgment Entry;
|
at 9:00 AM
|
|
|
|
|
|
Mo. for Expense money; Appl. for Addl
|
|
|
|
|
|
|
fees;Appl. for Dist; Motion for Relief
|
|
|
|
|
08/16/94
|
|
from Judgmenet
|
|
|
.00
|
|
08/16/94
|
|
Ex A - Affidavit of Betty Davis
|
|
|
.00
|
|
08/18/94
|
1cc
|
Consent to Attorney Fees and Waiver of
|
1138.50
|
|
.00
|
|
|
|
Notice of Hearing on the Application for
|
Janet Marsha
|
|
|
|
|
|
this fee which will be filed by Bryan B.
|
|
|
|
|
|
|
Johnson, Attorney at Law
|
|
|
|
|
10/07/94
|
|
DECISION of David E. Cain, Judge
|
|
|
.00
|
|
|
|
The motion for relief from judgment
|
|
|
|
|
|
|
pursuant to Civ. R. 60(B) filed
|
|
|
|
|
|
|
August 16, l994, by Betty Davis is
|
|
|
|
|
10/07/94
|
|
DENIED.
|
|
|
.00
|
|
|
|
Counsel for the Estate shall prepare
|
|
|
|
|
|
|
and submit an appropriate judgment
|
|
|
|
|
|
|
entry.
|
|
|
|
|
10/07/94
|
|
Copies to:
|
|
|
.00
|
|
|
|
Thomas C. Drabick, Jr., Atty.
|
|
|
|
|
|
|
Tobias H. Elsass, Pro Se
|
|
|
|
|
|
|
Nancy Bodycome & Bryan B. Johnson, Atty
|
|
|
|
|
11/22/94
|
|
Notice of Withdraw of Co-Counsel,
|
|
|
.00
|
|
|
|
Thomas C. Drabick, Jr., for Plaintiff.
|
|
|
|
|
|
|
Tobias H.Elsass shall remain as attorney
|
|
|
|
|
|
|
of record for Plaintiff.
|
|
|
|
|
11/22/94
|
cos
|
Certificate of Service
|
|
|
.00
|
|
|
|
to Bryan Johnson on 11/22/94 of Notice o
|
f
|
|
|
|
|
|
Withdraw of Counsel
|
|
|
|
|
12/22/94
|
|
Application for Approval of Judgment
|
|
|
.00
|
|
|
|
Entry
|
|
|
|
|
12/22/94
|
|
Copy of Judgment Entry from Hearing
|
|
|
.00
|
|
|
|
8/29/94 -(Therefore ordered that the
|
|
|
|
|
|
|
Motion for Relief from Judgment as
|
|
|
|
|
|
|
filed by Betty Davis is DENIED)
|
|
|
|
|
12/22/94
|
|
Entry sent to Atty. Elsass but he has
|
|
|
.00
|
|
|
|
refused to sign this proposed judgment
|
|
|
|
|
|
|
Entry- Applicant requests that this
|
|
|
|
|
|
|
Court approve the attached Judgment
|
|
|
|
|
12/22/94
|
|
Entry
|
|
|
.00
|
|
12/22/94
|
1e
|
Entry Setting Hearing
|
01/12/1995
|
|
5.00
|
|
|
|
Application for Approval of Judgment
|
at 9:00 am
|
|
|
|
|
|
Entry
|
|
|
|
|
01/19/95
|
cos
|
Certificate of Service on Judgment
|
|
|
.00
|
|
|
|
Entry to Bryan Johnson,Esq. Thomas C.
|
|
|
|
|
|
|
Drabick Jr. Esq., Tobias H. Elsass,
|
01/17/1995
|
|
|
|
01/20/95
|
|
Motion to Set Aside First & Second
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.00
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Account
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01/20/95
|
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Memorandum in Support
|
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.00
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01/20/95
|
cos
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Certificate of Service
|
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.00
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of foregoing Motion to Brayn Johnson
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and Nency Bodycombe by reg. mail
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on 1/20/95 by Tobias Elsass
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01/20/95
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50r
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Motion to Remove Fiduciary
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10.00
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to remove Janet L. Marshall
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01/20/95
|
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Memorandum in Support
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.00
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01/20/95
|
cos
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Certificate of Service
|
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|
.00
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to Bryan Johnson & Nancy Bodycombe
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of foregoing motion by reg mail on
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1/20/95 by Tobias Elsass
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01/20/95
|
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Waiver of Conflict With Judge Lawrence
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.00
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Belskis
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01/20/95
|
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Motion for Reconsideration of Court
|
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.00
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Decision Dated October 7, 1994
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W/Exhibits
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01/20/95
|
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Copy of letter to Atty. Johnson
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.00
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from T C Drabick, Jr. dated 10/27/94
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01/20/95
|
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Copy of Court Decision dated
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.00
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October 7, 1994
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01/20/95
|
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Notice of Appeal filed Tobias Elsass
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.00
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01/20/95
|
cos
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Certificate of Service to Bryan B.
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.00
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Johnson
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01/20/95
|
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Docketing Statement Tenth District
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.00
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Court of Appeals
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01/20/95
|
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Copy of Judgment Entry Filed
|
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.00
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January 17, 1995
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01/20/95
|
cos
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Certificate of Service on Judgment
|
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.00
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Entry Served to Bryan Johnson Esq.,
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Thomas Drabick, Esq. Tobias Elsass,Esq.
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01/20/95
|
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Motion For Stay of Judgement Pending
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.00
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Appeal
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01/20/95
|
cos
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Certificate of Service
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.00
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|
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of foregoing Motion to Bryan Johnson
|
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on 1/20/95
|
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01/23/95
|
e
|
Entry of Stay Pending APpeal
|
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5.00
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IT IS SO ORDERED, ADJUDGED AND DECREED
|
OVERRULED
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01/23/95
|
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Entry Setting Hearing - Motion to Remove
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.00
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Executor and Motion to Set Aside First
|
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and Second Account as filed on
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Jan 20, 1995
|
OverRuled
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01/24/95
|
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Letter to Franklin County Probate Court
|
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|
.00
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from Atty. Bryan B. Johnson dated
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1/20/95
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01/24/95
|
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Copy of Judgment Enty filed 1/17/95
|
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.00
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01/24/95
|
e
|
Entry
|
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|
.00
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This matter is before the Court upon
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Plaintiffs Motion to Set Aside First
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and Second Account; Motion to Remove
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01/24/95
|
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Executor; and Motion for Reconsideration
|
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|
.00
|
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|
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of Court Decision Dated October 7,1994.
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Upon review, this Court finds said
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motions not well taken and denied.
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01/24/95
|
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IT IS SO ORDERED 1/24/95 by
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.00
|
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Judge David E. Cain
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01/24/95
|
e
|
Entry
|
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|
.00
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|
|
This matter is before the Court upon
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Plaintiffs Motion for Stay of Judgment
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Pending Appeal as filed on January 20,
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01/24/95
|
|
1995. Upon review, this Court finds
|
|
|
.00
|
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|
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said motion not well taken and denied.
|
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IT IS SO ORDERED 1/24/95
|
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signed by Judge David E. Cain
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01/25/95
|
e
|
Entry Amending Record Pursuant to
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|
.00
|
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|
|
Civ. R. 60 (A)
|
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01/26/95
|
cos
|
Certificate of Service
|
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|
.00
|
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|
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of Entry denying Motion for Stay & Entry
|
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denying Motion to Set Aside First and
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Second Account; Motion to Remove Exe-
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01/26/95
|
|
cutor and Motion for Reconsideration
|
|
|
.00
|
|
|
|
were sent 1st class US mail to
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|
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T.Elsass & Bryan Johnson on 1/26/95 by
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Deputy Clerk Mark Reitz
|
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01/26/95
|
|
Memorandum Contra Motion to Stay
|
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|
.00
|
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|
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Proceedings
|
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|
01/26/95
|
cos
|
Certificate of Service
|
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|
.00
|
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|
|
of Memorandum Contra to T Elsass
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on 1/26/95 by reg. U S Mail by Bryan
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Johnson
|
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02/02/95
|
|
Request for Transcript of Proceedings
|
T.Drabick Jr
|
|
.00
|
|
02/02/95
|
cos
|
Certificate of Service
|
02/02/1995
|
|
.00
|
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|
|
to: Bryan B.Johnson, Gamble,Hartshorn
|
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& Alden, One East Livingston Ave.
|
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Cols, Oh 43215
|
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02/08/95
|
|
Motion for Sanctions
|
Judge Cain
|
|
.00
|
|
02/08/95
|
cos
|
Certificate of Service for motion for
|
02/08/1995
|
|
.00
|
|
|
|
sanctions to Tobias Elsass,Attorney for
|
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|
|
Betty Davis
|
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|
02/08/95
|
|
Motion for Protective Order-Judge
|
|
|
.00
|
|
|
|
David Cain
|
|
|
|
|
02/08/95
|
cos
|
Certificate of Service for Motion
|
02/08/1995
|
|
.00
|
|
|
|
for Protective Order to Tobias Elsass
|
|
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|
|
|
|
Attorney for Betty Davis
|
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|
|
|
02/08/95
|
1e
|
Entry Setting Hearing to consider
|
02/23/1995
|
|
5.00
|
|
|
|
Motion for Protective Order and
|
9:00 A.M.
|
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|
|
|
Motion for Sanctions
|
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|
02/08/95
|
|
Notice to Take Deposition
|
T.Elsass
|
|
.00
|
|
02/08/95
|
cos
|
Certificate of Service on notice to
|
|
|
.00
|
|
|
|
take deposition to Bryan Johnson and
|
|
|
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|
|
Nancy Bodycombe, 1 E. Livingston Ave.
|
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|
Cols, Oh 43215
|
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|
|
02/08/95
|
|
Exhibit A
|
|
|
.00
|
|
02/08/95
|
|
Misc. Letter from Tobias Elsass
|
|
|
.00
|
|
02/08/95
|
|
Notice to Take Deposition
|
T.Elsass
|
|
.00
|
|
02/08/95
|
cos
|
Certificate of Service on notice to
|
|
|
.00
|
|
|
|
take deposition sent to Bryan Johnson
|
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|
|
and Nancy Bodycombe,1 East Livingston
|
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|
Ave. Cols, OH 43215
|
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02/08/95
|
|
Exhibit A
|
|
|
.00
|
|
02/08/95
|
|
Facsimile Transmission from B. Johnson
|
|
|
.00
|
|
|
|
to Tobias Elsass
|
|
|
|
|
02/21/95
|
|
Deposit made by Tobias Elsass
|
|
|
.00
|
|
|
|
in the amount of $ 750.00 ( 1st $750.00
|
|
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|
|
dep. was made 12/8/93) - for a $ 1500.00
|
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|
|
bond- Stay of Proceedings App.R.7(B)
|
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|
|
02/21/95
|
1.4
|
Subpoena (Attorney to Serve)
|
12.00
|
|
.00
|
|
|
|
|
Rec # 020136
|
|
|
|
02/21/95
|
|
Journal Entry - from Court of Appeals-
|
|
|
.00
|
|
|
|
Appellant's motion for a stay of exec-
|
|
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|
|
|
|
ution of the trial court judgment pend-
|
|
|
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|
|
|
ing appeal is granted conditioned
|
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|
|
02/21/95
|
|
upon appellant's posting with the clerk
|
|
|
.00
|
|
|
|
of the trial court a bond in the amount
|
|
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|
|
of $ 1500.00. To the extent appellant
|
|
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|
|
has a $ 750.00 bond on deposit in some
|
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|
|
|
02/21/95
|
|
other appeal, appellant should seek
|
|
|
.00
|
|
|
|
return of that deposit.
|
|
|
|
|
02/21/95
|
|
Notice of Appeal - Now comes Plaintiff
|
|
|
.00
|
|
|
|
, Betty Davis, by and through under-
|
|
|
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|
|
|
signed counsel, and does hereby respect-
|
|
|
|
|
|
|
fully appeal the Entry of this Court
|
\
|
|
|
|
02/21/95
|
|
filed January 24, 1995. ( a copy of the
|
|
|
.00
|
|
|
|
entry is attached hereto). This appeal
|
|
|
|
|
|
|
is to the Court of Appeals of Ohio
|
|
|
|
|
|
|
for Franklin County, Tenth Appellate
|
|
|
|
|
02/21/95
|
|
District. Submitted by Thoman C. Drabick
|
,
|
|
.00
|
|
|
|
Jr., Atty.
|
|
|
|
|
02/21/95
|
cos
|
Certificate of Service
|
|
|
.00
|
|
|
|
of foregoing Notice to Bryan B, Johnson
|
|
|
|
|
|
|
by reg. US mail on 2/21/95
|
|
|
|
|
02/21/95
|
|
copy of Entry file dated 1/24/95
|
|
|
.00
|
|
|
|
from Judge David Cain
|
|
|
|
|
02/21/95
|
|
Tenth District Court of Appeals Docket-
|
|
|
.00
|
|
|
|
ing Statement filed 2/21/95 - Appeal
|
|
|
|
|
|
|
should be assigned to the Accelerated
|
|
|
|
|
|
|
calendar
|
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|
|
|
02/21/95
|
|
Motion to Appoint Special Process
|
|
|
.00
|
|
|
|
Server
|
|
|
|
|
02/21/95
|
e
|
Entry to Appoint Special Process Server
|
|
|
5.00
|
|
|
|
filed by Tobias Elsass
|
T Elsass
|
|
|
|
02/23/95
|
|
ORDER - This matter is now before the
|
|
|
.00
|
|
|
|
Court of Appeals. The Court of Common
|
|
|
|
|
|
|
Please has no jurisdiction at this point
|
|
|
|
|
|
|
Therefore, no additional discovery
|
|
|
|
|
02/23/95
|
|
shall be conducted. The motion for
|
|
|
.00
|
|
|
|
protective order and sanctions filed
|
|
|
|
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|
|
February 8, 1995 is overruled.
|
|
|
|
|
|
|
IT IS SO ORDERED.
|
|
|
|
|
02/23/95
|
|
Signed David E. Cain, Judge
|
|
|
.00
|
|
|
|
cc to T H Elsass, Esq.
|
|
|
|
|
|
|
T C Drabick, Esq.
|
|
|
|
|
|
|
B B Johnson, Esq
|
|
|
|
|
03/01/95
|
|
Transcript of Docket sent to Court of
|
|
|
.00
|
|
|
|
Appeals
|
|
|
|
|
05/02/95
|
13k
|
Notice to file Account
|
0013481
|
|
1.00
|
|
05/25/95
|
100.0
|
Payout to be Issued SEE DEC 8, 1993
|
|
|
.00
|
|
|
|
FRANKLIN COUNTY PROBATE COURT
|
750.00
|
|
|
|
|
|
FOR DEPOSIT INTO PERFORMANCE BOND DEP
|
#213
|
|
|
|
|
|
COMPUTER ACCOUNT
|
|
|
|
|
05/25/95
|
100.1
|
Payout Issued
|
ck # 9207
|
|
.00
|
|
06/01/95
|
13a
|
Fiduciary's Partial Account
|
03
|
|
24.00
|
|
06/01/95
|
13.1
|
Receipts and Disbursements
|
|
|
.00
|
|
06/01/95
|
13.2
|
Assets Remaining in Fiduciary's Hands
|
130.00
|
|
.00
|
|
06/02/95
|
13e
|
Entry Setting Hearing on Account
|
|
|
.00
|
|
06/06/95
|
|
PERFM BOND DEP MANUALLY POSTED TO
|
750.00
|
|
.00
|
|
|
|
#12
|
|
|
|
|
|
|
#300
|
|
|
|
|
|
|
#213
|
|
|
|
|
07/07/95
|
1.3
|
Exceptions Deposit
|
50.00
|
|
.00
|
|
|
|
|
Rec # 028653
|
|
|
|
07/07/95
|
ad
|
Additional Deposit for Exceptions
|
Rec # 028653
|
15.00
|
|
|
07/07/95
|
17oa
|
Exceptions to Account
|
|
|
10.00
|
|
|
|
Third Partial Account
|
|
|
|
|
07/07/95
|
17pa
|
Entry Setting Exceptions to Account for
|
07/13/1995
|
|
5.00
|
|
|
|
Hearing - Fid 3rd Acct
|
at 8:30 am
|
|
|
|
07/10/95
|
1da
|
Application for Continuance of Hearing
|
|
|
.00
|
|
07/10/95
|
1de
|
Entry Continuing Hearing
|
08/14/1995
|
|
5.00
|
|
|
|
|
8:45 A.M.
|
|
|
|
07/10/95
|
13l
|
Entry Extending Publication Hearing for
|
08/14/1995
|
|
.00
|
|
|
|
Account
|
at 8:45 am
|
|
|
|
10/05/95
|
|
OPINION Rendered on October 5, 1995
|
|
|
.00
|
|
|
|
In the Court of Appeals of Ohio
|
|
|
|
|
|
|
Tenth Appellate District
|
|
|
|
|
|
|
(Judgment affirmed).
|
|
|
|
|
10/11/95
|
e
|
Journal Entry of Judgment in the Court
|
|
|
.00
|
|
|
|
of Appeals of Ohio
|
|
|
|
|
|
|
Tenth Appellate District
|
|
|
|
|
|
|
Case No. 95APF01-105 and 95APF02-220
|
|
|
|
|
10/11/95
|
|
It is the judgment and order of this
|
|
|
.00
|
|
|
|
court that the judgment of the Franklin
|
|
|
|
|
|
|
County Court of Common Pleas, Probate
|
|
|
|
|
|
|
Division, is affirmed.
|
|
|
|
|
11/03/95
|
|
Motion of Attorney Elsass For Release
|
|
|
.00
|
|
|
|
of Funds on Deposit
|
|
|
|
|
11/03/95
|
|
Memorandum
|
|
|
.00
|
|
11/03/95
|
cos
|
Certificate of Service
|
|
|
.00
|
|
|
|
of foregoing by reg. US mail, postage
|
|
|
|
|
|
|
ppd., on this 11/3/95 to B B Johnson
|
|
|
|
|
11/03/95
|
|
Copies of receipts
|
|
|
.00
|
|
11/03/95
|
e
|
Entry ordering release of funds
|
|
|
5.00
|
|
|
|
deposited by Atty. Elsass ( $1,500.00)
|
|
|
|
|
|
|
to Atty. Bryan B. Johnson
|
|
|
|
|
11/03/95
|
|
copies of pleadings from COurt of
|
|
|
.00
|
|
|
|
Appeals cases # 95APF01-105 &
|
|
|
|
|
|
|
95APF02-220
|
|
|
|
|
11/06/95
|
100.1
|
Payout Issued PERFM BOND DEPOSIT
|
1500.00
|
|
.00
|
|
|
|
BRYAN B JOHNSON
|
CK # 2696
|
|
|
|
|
|
1 E LIVINGSTON AVENUE
|
|
|
|
|
|
|
COLUMBUS OH 43215
|
|
|
|
|
11/08/95
|
|
Notice of Hearing - To All Parties:
|
11/14/1995
|
|
.00
|
|
|
|
Any and all pending motions to the
|
|
|
|
|
|
|
above captioned case shall come on for
|
|
|
|
|
|
|
hearing before this Court on Tuesday,
|
|
|
|
|
11/08/95
|
|
November 14, 1995 at 9:00 am,
|
|
|
5.00
|
|
|
|
Courtroom 7D, 7th Floor, 369 South
|
|
|
|
|
|
|
High Street, Columbus, Ohio 43215
|
|
|
|
|
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IT IS SO ORDERED - JUDGE DAVID E.CAIN
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11/30/95
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Letter from Tobias Elsass, to Judge
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.00
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Cain with attachments
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12/05/95
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c
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Copy
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1.25
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12/05/95
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e
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Entry- IT IS FURTHER ORDERED that thw
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5.00
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Motion to Remove Executor be held in
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abeyance until a ruling has been made
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by this Court for the distribution of
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12/05/95
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these remaining estate assets.IT IS SO
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.00
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ORDERED
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12/05/95
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17ra
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Entry Dismissing Exceptions to Account
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5.00
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01/04/96
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1e
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Entry Setting Hearing
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01/25/1996
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5.00
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Application of Executor
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at 9:00 am
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01/04/96
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Application of Executor
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.00
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01/04/96
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Ex A - Affidavit of Janet L. Marshall
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.00
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01/24/96
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15k
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Notice to file Status Letter
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0013481
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1.00
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02/20/96
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13c
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Fiduciary's Final Account (Keep Open)
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04
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22.00
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02/20/96
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13.1
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Receipts and Disbursements
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.00
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02/20/96
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13l
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Entry Extending Publication Hearing for
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03/14/1996
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.00
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Account
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02/21/96
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Judgment Entry Approving Partial Account
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03
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.00
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02/21/96
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cos
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Certificate of Service
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.00
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of Appl . of Exec. and Entry Setting
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Hearing to T Elsass by Ord mail, postage
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ppd. on 1/2/96. Notice not returned
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02/21/96
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unserved
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.00
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02/21/96
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cos
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Certificate of Service
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.00
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of proposed Judgment Entry to T Drabick
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by ord, US mail, postage ppd. on 2/1/96
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02/23/96
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e
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judgment entry -
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5.00
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IT IS THEREFORE ORDERED that the
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Executor proceed to distribute in kind
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to herself the One Hundred Thirty and
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02/23/96
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00/100 Dollars ( $ 130.00) of jewelry
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.00
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in this estate as payment of the extra-
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ordinary fees of this executor
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02/23/96
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letter to B Johnson from
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.00
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T Drabick
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03/04/96
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15m
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Citation to file Status Letter
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sent to fidy
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5.00
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03/14/96
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Return of Service
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.00
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- Janet L. Marshall, Bette Ann Davis,
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- Thomas C. Drabrick, Betty Davis.
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03/14/96
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50n
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Entry Terminating and Dispensing With
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y
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5.00
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Final Account
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MARSHALL, JANET L.
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(fidy)
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03/14/96
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Judgment Entry Approving Final Account
|
04
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.00
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(Keep Open)
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03/14/96
|
fc
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Final Costs
|
Rec # 044135
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330.75
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03/14/96
|
100.0
|
Payout to be Issued
|
ck #9541
|
|
.00
|
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TOBIAS H ELSASS
|
$35.00
|
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4937 W BROAD ST
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COLUMBUS OH 43228
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03/14/96
|
100.0
|
Payout to be Issued PYMT TO CASE #411519
|
A CK # 9542
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|
.00
|
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FRANKLIN COUNTY PROBATE COURT
|
$15.00
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373 S HIGH ST FL 22
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COLUMBUS OH 43215-6311
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03/15/96
|
100.0
|
Payout to be Issued
|
ck # 9544
|
|
.00
|
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TOBIAS ELSASS
|
$12.00
|
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4937 WEST BROAD STREET
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COLUMBUS OH 43228
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03/15/96
|
100.0
|
Payout to be Issued SUBP DEP REFUND
|
CK # 9545
|
|
.00
|
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|
BRYAN B JOHNSON
|
$12.00
|
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1 EAST LIVINGSTON AVE
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COLUMBUS OH 43215
|
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03/21/96
|
cos
|
Certificate of Service on Entry filed
|
B.Johnson
|
|
.00
|
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|
|
February 12, 1996 -Betty Davis 1267
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Bronwyn Ave. Cols, Ohio 43204
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05/10/96
|
cr
|
Certified Mail Returned complete to
|
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|
.00
|
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|
Ms. Betty Davis
|
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BALANCE DUE
|
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|
.00
|
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|
|
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|
|
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