scan judge final ruling return property to us april 21 2010

8/9/2019 Scan Judge Final Ruling Return Property to Us April 21 2010

1/6

CP~WFORD COL~ITYCO~~iONPLE~~ COURT112 E. Mansfield Suite 204Bucyrus, OH 44820NOTICE OF JUDGr~NT ENTRY FILING

419-56

C PRODUCTIONS IREV TRUST & V ALSPACH, KEVIN WAl1QE 09-C

: M C PRODUCTIONS IREV TRUST &~i~K CHRISTENSEN,CREATOR/TRUSTEPO BOX 973BUCYRUS OH 44820-0973

closed is a copy of the Judgri::mt Entry filed in the above-referenced case one 21ST day of APRIL, 2010

4/22/10

pies Mailed To:SPACH, KEVIN WATI~E9 E ~~~SFIELD STITE DCYRUS OH 44820

Deputy


2/6

MC PRODUCTIONS IRREVOCABLETRUSTANDMARK CHRISTENSEN, ITS CREATORAND TRUSTEE,

~LAINTIFFS,

VS.

KEVIN WAYNE ALSP AH,DEFENDANT

CASE NO. 09CV0540

JUDGMENT ENTRY

This cause came on for trial to the Court. The parties were present and evidencepresented. The case was submitted to the Court for decision.The issues in this case concern the ownership of a certain parcel of real property,described as follows:

Situate in the City of Galion, County of Crawford and State of Ohio,Being part of Inlot 19 of the original and Revised Numbers oflnlots in theCity of Galion, Ohio described as commencing at the Southeast comer ofsaid Inlot, thence North on the east line thereof sixty two feet; thence Westparallel with the South line of the Said Inlot sixty six feet; thence South onthe West line of said Inlot sixty two feet to the Southwest comer of saidInlot: thence East along the South line thereof sixty six feet to the place ofbeginning, excepting a strip twenty eight feet in width off the South sidethereof.Permanent Parcel Number 19-0021946.000Prior Deed Reference Volume 895, Page 835 Crawford County DeedRecords.

and a certain vehicle, being a Royal Fifth Wheel Travel Trailer, License No. SMH 8732


3/6

-2-Serial No. ITC3B6504TI001867.The evidence shows that the parties to this action negotiated a potential businessarrangement. While the arrangement fell short of a completed business partnership, theparties established a business relationship and engaged in preparatory activities. Plaintiffwas the owner of the foregoing real estate and vehicle. He was unable to obtain credit toassist in the financing of the venture.Defendant's credit rating was higher than Plaintiff's and to enhance Defendant's abilityto obtain financing for the business, Plaintiff transferred the above described property toDefendant. No fInancing was ever arranged and the business venture was not completed.Plaintiff thert?after dem!IDdedthe return of the property fromDefendant. Defendantrefused to return it.It is clear from the evidence presented that the parties did not intend a permanent transferof these assets. The transfer was neither a gift nor a sale, but was solely for the purposeof facilitating a business arrangement which was never completed.

o

The Court finds that Plaintiff is entitled to the return of the real estate and the personaltyand that Defendant is required to return it.It is therefore Ordered, Adjudged and Decreed that Plaintiff is the owner of the real estateand the travel trailer in question. Defendant is Ordered to execute proper documents ofconveyance which Plaintiff shall prepare and present to Defendant. Defendant is furtherOrdered to deliver possession of the real estate and personalty to Plaintiff forthwith.Defendant is further Ordered to account to Plaintiff for all monies received by him asrental or otherwise from the properties and to pay the same over to Plaintiff forthwith,less any expenses paid by him to others in connection with the rental of the property. Inthe event Defendant fails to execute the documents of conveyance presented to himwithin thirty days of presentation, Plaintiff may apply to the Court for a decree conveyingthe real estate and personalty to him.The Court finds that Plaintiff is not entitled to money damages from Defendant for laborperformed upon his property.The Court fInds that the evidence concerning monetary damages on other claims isinsufficient and fInds for Defendant on said issues.The Court finds that Plaintiff has not proven entitlement to punitive damages or attorneyfees and declines to award such damages.


4/6

.... - ...& - . .

Sentence / JudgementBasic Case Data :!VIC PRODUCTIONS IREV TRUST & Ys.Party/Service Record Data WA YNEDocket 'Sentence / Judcllnent Case 09 CVNumber 0540

Judgment EntrySentence EntryDate4/21/ 10 DEF ORDERED TO RETURN PROPERTY TO PLTF

KEVINQuietTitle

CaseT:ype

OtherCivil

CaseKindQT

\J~d/ItPc7(1 +-prCfUi'e5' jCCitjC{( bred___ ' .Pi ;--(, ' ' . , ), 'r-P if,!m cj (YK,C (CLC ~ {:'fI/ - [t I.' I .

----------------------1st EntrvNext EntryPrevious EntlY----------------------EXIT / HOMERETURN TO SEARCHNEXT PAGE

-3-Costs are assessyd against Defendant for which judgment is awarded and execution mayIssue.

JUDGMENT ACCORDINGLY .

.~~.c..... ~. .

Copy to: PlaintiffsDefendant


5/6

-2-Serial No. ITC3B6504TI001867.The evidence shows that the parties to this action negotiated a potential businessarrangement. While the arrangement fell short of a completed business partnership, theparties established a business relationship and engaged in preparatory activities. Plaintiffwas the owner of the foregoing real estate and vehicle. He was unable to obtain credit toassist in the financing of the venture.Defendant's credit rating was higher than Plaintiff's and to enhance Defendant's abilityto obtain financing for the business, Plaintiff transferred the above described property toDefendant. No financing was ever arranged and the business venture was not completed.Plaintiffther~afier dem~ded the retum_of the property from Defendant. Defendantrefused to return it.It is clear from the evidence presented that the parties did not intend a permanent transferof these assets. The transfer was neither a gift nor a sale, but was solely for the purposeof facilitating a business arrangement which was never completed.

oThe Court finds that Plaintiff is entitled to the return of the real estate and the personaltyand that Defendant is required to return it.It is therefore Ordered, Adjudged and Decreed that Plaintiff is the owner of the real estateand the travel trailer in question. Defendant is Ordered to execute proper documents ofconveyance which Plaintiff shall prepare and present to Defendant. Defendant is furtherOrdered to deliver possession of the real estate and personalty to Plaintiff forthwith.Defendant is further Ordered to account to Plaintiff for all monies received by him asrental or otherwise from the properties and to pay the same over to Plaintiff forthwith,less any expenses paid by him to others in connection with the rental of the property. Inthe event Defendant fails to execute the documents of conveyance presented to himwithin thirty days of presentation, Plaintiff may apply to the Court for a decree conveyingthe real estate and personalty to him.The Court finds that Plaintiff is not entitled to money damages from Defendant for laborperformed upon his property.The Court finds that the evidence concerning monetary damages on other claims isinsufficient and finds for Defendant on said issues.The Court finds that Plaintiff has not proven entitlement to punitive damages or attorneyfees and declines to award such damages.


6/6

-3-Costs are assess~d against Defendant for which judgment is awarded and execution mayIssue.

JUDGMENT ACCORDINGLY.

Copy to: PlaintiffsDefendanto

scan judge final ruling return property to us april 21 2010

Documents