I posed the question to the attorneys on the lawyer referral site. My question was:

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? Also, If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial, does she have recourse since she can prove her place of domicile before the case was filed (over a year before) and has verification that she went back the day following her trial?


Here's the answers I received from
ATTORNEYS, notice that each of them state JUST THE OPPOSITE of what my mother's attorney, James (lure and bail) Heath chose to do:

"That sounds like a small claims case.
If it is, a FL resident would be foolish to respond to a small claims lawsuit in any other state BUT Florida.
It'll also be a rare day that a small claims judgment can be enforced in Florida.
Florida doesn't allow wage levies for small claims lawsuits. "

"In personam....Moreover, you could have avoided the entire series of events by simply ignoring the attempts to serve you.
You had the absolute right to challenge an Ohio court's ability to obtain "in personam" jurisdiction over you, a resident of Florida for a minor civil dispute.



style="background-color: rgb(255, 204, 255);">"From the looks of things, you lost the impenetrable shelter of the "in personam" defense by voluntarily appearing in Ohio to defend something that was unable to harm you, until you submitted to the court's
jurisdiction voluntarily, my friend."

!!! ***Side Note! Not "voluntarily", Lured by a paid attorney that bailed at Pre-Trial is how it happened !
A cursory skim of the rules in which an attorney can bail are an eye opener.
End of Side Note***!!!


style="background-color: rgb(204, 204, 255);" itemprop="text">"The answer largely depends on whether the judge was made aware of the
jurisdictional issue before trial. If not, then it is almost impossible to secure relief. But if the judge was informed of the issue in the form of a motion to dismiss the case, and went forward, then depending upon the proof offered of the lack of
jurisdiction it should be possible to secure a reversal. "
style="background-color: rgb(255, 204, 153);">!!***Aware? Yes, here, in the very first motion to the Clark County Municipal Court of Springfield Ohio


style="background-color: rgb(255, 255, 153);">"
Jurisdiction is something that must be challenged before the Court issues a ruling. You should consult with a local lawyer to determine what has happened and whether any challenge can be made. "

style="background-color: rgb(255, 204, 153);">!!***Aware? Yes, here, in the very first motion to the Clark County Municipal Court of Springfield Ohio



itemprop="text">"Depending on the facts there may be subject matter
jurisdiction
then there is the question of personal jurisdiction which is also fact based."

"By going to trial, she probably waived any objection she had to
jurisdiction."
Now there were dozens (seriously) of attorneys all saying the same thing.
But wait, remember the "Jurisdiction" the Attorneys were speaking of? Jurisdiction.
Again, you'll notice my original question to these particular attorneys
did not even mention the word "Jurisdiction".

Again, my question was:

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial, does she have recourse since she can prove her place of domicile before the case was filed (over a year before) and has verification of where she went back to the day following her trial?

How is it that my mom's Attorney, James Heath gave faulty representation? The main thread is that of Jurisdiction (and to stay away from the state that is slandering or burdening you).

What the attorneys did not know is, that we had already raised the issue of the Court's Lack of Personal Subject Matter Jurisdiction
in our very first motion (of the 18 motions we submitted to the court, all denied but remain on the court record for the world to see) to the Clark County Municipal Court of Springfield Ohio Prior to Pre-Trial, which is seen below.
Every one of the 18 Motions, denied by Judge Trempe.
Excerpt from: http://www.springfield-ohio-post.com

First Page, First Motion Clark County Muncipal Court First Motion
The Clark County Municipal Court ignored the Jurisdictional issue, as did the Second Appellate Court of Appeals, also located in Springfield Ohio. Sadly, the attorneys are right (sadly for the human race). The Bible says it's better to die with a good name,
our attorneys state .... evade, and not confront, or solve.

Now the Law states they must address the issue within the Courts. When I told that same group of attorneys that I already brought up Personal Subject Matter Jurisidction to the Courts, the attorneys backpedaled, suddenly there were noticeably less responses from the Attorneys.

As for how this elderly woman from Florida was duped into coming to Ohio?


style="background-color: rgb(255, 204, 153);">When virtually
style="font-weight: bold; background-color: rgb(255, 204, 153);">every
style="background-color: rgb(255, 204, 153);"> attorney contacted had said to stay away from Ohio's Jurisdiction;


style="background-color: rgb(255, 204, 153);">my mom's attorney, James Heath....this
style="font-weight: bold; background-color: rgb(255, 204, 153);">paid
style="background-color: rgb(255, 204, 153);"> Springfield Attorney, was telling my mom....to come to Ohio.

James Heath chose to do the exact opposite, in which he appears to have Lured the elderly, and Bailed at Pre-Trial. (a critical pivotal point in a civil proceeding).

You be the Judge
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Part Two - The Appeal to the Higher Court of Appeals

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When I made the motions to intervene to become a party to the case, prior to pre-trial, I appealed the Clark County Municipal Court's Denied Decision to the Second Appellate Court of Appeals; which the Clark County Municipal Court ignored - and went ahead to Trial without even waiting for the Appellate to come back with a decision as to whether or not I ought to be allowed to become a party that is able to present evidence in a Court of Law.



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The Appellate Court made their Decision..... 5 months after the Clark County Municipal Court went ahead and had Trial leaving my mom un-represented.



3rd-Party applicant under Federal Rules of Civil Procedure › TITLE IV. PARTIES

Ohio Revised Code Intervention of Right.
On timely motion, the court must permit anyone to intervene who:
(1) is given an unconditional right to intervene by a Federal Statute (*see Rule 19. Required Joinder of Parties);
or
(2) claims an interest relating to the property or transaction that is the subject of the action...

Foot Note: Rule 19. Required Joinder of Parties

***This webpage was started on December 12, 2016 and the completion date is not yet known.
There may be errors contained herein. It is not yet edited or completed.***

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The original Court Record is contained within the Clark County Municipal Court Record online (redact applies):


Click through here to the Clark County Municipal Court Record




**Note: The courts have banned this website from being viewed when using the Court's "secure" System. They blocked this site after it was already mentioned within the 3rd Party Appeal to the 2nd District Appellate Court of Appeals itself. Videos and other evidences that were already submitted to the Municipal Court's Record are now blocked from consideration to the higher Court (redacted so that the higher Court, as well as the general public, cannot view the actual evidences).
Real Justice would Demand:

style="color: rgb(0, 51, 51);">1.)
style="font-weight: bold; color: rgb(0, 51, 51);">Reimbursement for that $1,000.00 "attorney" James Heath, that bailed at pre-trial after first luring my mother up to Ohio. Need convincing? Try Here: Rico federal/clark-county-municipal-court-springfield-Ohio.html

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style="color: rgb(0, 51, 51);">The critical point in the case, Pre-Trial, and allowed by a Judge during an ex parte meeting where an Attorney emerged to bid farewell to the Aged Defendant, done with the blessing of the Judge here
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Real Justice would Demand:

style="color: rgb(204, 0, 0);">
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style="color: rgb(0, 51, 51);">2.)
style="font-weight: bold; color: rgb(0, 51, 51);">The good name be given back to my mother.

style="color: rgb(0, 51, 51);">My mother has NEVER been brought to Court in her over Seventy Years on this planet (that's almost a Century!).



style="color: rgb(204, 0, 0);">
style="color: rgb(204, 0, 0);">Real Justice would Demand:

style="color: rgb(204, 0, 0);">
style="color: rgb(204, 0, 0);">
style="color: rgb(0, 51, 51);">3.)
style="color: rgb(0, 51, 51);">Since it is not possible to give back that which is not tangible, the exact amount the Crows sought is what my mother ought to receive.
style="color: rgb(0, 51, 51);">This shame and embarrasment upon my mother, Truth be told, has been the impetus behind her and her husband to now plan for a divorce.




style="color: rgb(204, 0, 0);">
style="color: rgb(204, 0, 0);">Real Justice would Demand:

style="color: rgb(204, 0, 0);">
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style="color: rgb(0, 51, 51);">3.)
style="font-weight: bold; color: rgb(0, 51, 51);">All Court Costs to be returned and reimbursed back to my mother.

style="color: rgb(0, 51, 51);">Much harm to the otherwise peaceful lives of the Baldino's (and Myself) in court fees and costs, an amount for loss of time/life via altered personal plans, paper costs, ink costs, electricity for printers and computers costs, costs to submit various documents to the Court, costs incurred to dub videos to the Court, etc., including an amount to compensate for the undue duress, loss of sleep, loss of appetite, arguments amongst family which were the direct result of this matter at hand (the primary of which is the already mentioned plans for a Divorce, other costs such as postage costs, notary costs, fuel costs, etc.

Hi, My name is Kenny.

If you're in a hurry, scroll down to the timeline below.

Preamble


I was the Tenant during the time of the disasters that occurred at the Crow Property located 1335 North Limestone St. in Springfield Ohio.

The Clark County Municipal Courts, then the Second Appellate Court of Appeals have made the expensive determination that since the former Lease Holder is my own mother, that she is somehow responsible for my Lease duration also.

YET REGARDLESS OF WHICH OF US WERE THE TENANT AT THE TIME OF THE DAMAGES I have videos, witnesses, signed documents, receipts, photos, and more WHICH WERE ALL DENIED IN THE MATTER BEFORE THE COURT by an expensive Judge

Imagine your neighbor murders someone. Now imagine YOU (as opposed to your neighbor) are found guilty of the homicide because the only eye-witness (that took videos of the murder as it was occurring) is told by the Courts that the evidence and witness are not allowed in the Court Case because they're not a "party to the case"....even after it is expressed to the Courts that evidence exists to show the Claim against you is false?

Then there's the countersuit $50.00 ++ paid then denied reciprocity of anything in return.

INTERMISSION Please

Yet numerous evidences were submitted to the Clark County Municipal Court Record as seen on their own site Here, in an attempt to be permitted to show the allegations were false.

So I made this webpage in the hopes that someone out there might see it worthy of adding this account to a history blurb for future Universities' Curriculum or earnest discussion toward the betterment of our Justice System
style="font-style: italic;">.

The Judicial System has ruled that the downstairs tenant should pay for the damages which are clearly caught on camera coming from
style="font-weight: bold; font-style: italic;">another person's upstairs apartment.

But of my own videos submitted to the Court, one of the first videos has my opinions, in case my edited version is not proper (those pesky words), Youtube also has the the unedited version of the videos: https://youtu.be/S0E7vAcGKqY


So, after watching the aforementioned video (and those that follow), either my mom is upstairs (and able to zap into the State of Ohio from Florida) to cause pipes to burst, electric to pop and smoke, or there is no indication she is at fault for these live damages.


style="font-style: italic;">However, the Municipal Court found that a 70+ year old woman that wasn't a tenant, nor in the State of Ohio during the time of the disasters, as the guilty party and the "cause" of the damages.
CLICK HERE TO SKIP TO THE OTHER ARM OF THAT BODY, THE APPEAL (mine, not my mother's) which was made in an effort to become a party to the issue.

SYNOPSIS



Late 2014
style="font-style: italic;">Ambush, with a suit for almost $5,000.00 in damages, Crows took to Court more than two years beyond my Mother's Lease Agreement had terminated, claiming property damage.

$5,000.00 may not seem so significant until you multiply that amount by two.
The amount the Crows were suing for is about the same amount as the Crows obtained from the same Court in their winning suit a few weeks prior against the upstairs tenant, Nicole Tessenneer.
$10,000.00 worth of damages to a property? Both un-related tenants causing equal amounts of damages to the Crow's property is possible...just not very probable.

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style="color: rgb(204, 0, 0);">
style="color: rgb(51, 51, 51);">Although I attempted to intervene in timely manner,


Twice prior to Pre-Trial, the motions were denied by the Municipal Court Judge.


The woman the Crows were suing is my mom (I'm 52 years of age); and although we submitted a half-dozen videos, audio recordings, a slew of documentation and other evidences, as shown in the
Court's own Record seen on their website here
, all were Denied.
style="color: rgb(204, 0, 0);">


style="color: rgb(0, 51, 51);">I'm a critical element in this issue.
style="color: rgb(0, 51, 51);">I am the Tenant that has evidence that would completely refute the Crows' Claim, DENIED!


style="color: rgb(102, 51, 102);">The Security Deposit which was unlawfully withheld by the Crows for many months beyond the lawful allowable time frame is with the Court's consent to the wrongdoing in violation of: 5321.16
style="color: rgb(102, 51, 102);">(Procedures for Security Deposits).
Lucky Crows?
Promptly, I appealed the Judge Trempe decision denying my lawful right to access the Case in Court to the Second Appellate Division Court of Appeals in reference to Due Process, and what's known to me as a 60(b) motion.

However, the Municipal Court Trial went on its merry way without thought to the pending Higher Court Appeal.
The Municipal Court failed to wait for the Decision of the Second Appellate to first test for legal standing.
The Appeal filed September 27, 2016 which, five months after the December Municipal Court Trial was decided, the Appellate Court concurred (with the lower Court) stating that my mother never filed an appeal and that I have not shown interest and have no standing in the case. So more than 10 months to make the decision on May 14, 2017. The Decision mentions that my mom no longer has the ability to appeal (even if she was of the right state of mind and health).
Lucky Crows.


Just to be clear, the Plaintiff's Attorney knew aforehand that Margaret Baldino was the wrong target.
Below are a couple of documents that would have come out in Court if permitted.

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style="background-color: white;">
style="background-color: rgb(255, 255, 204);" class="signature" xml:lang="en-us" lang="en-us">
style="background-color: rgb(255, 255, 204);" class="signature" xml:lang="en-us" lang="en-us">
style="color: rgb(51, 102, 102);">Presented to you are two letters which my mother sent over 3 years ago. Luckily she kept the tracking/shipping information.
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style="background-color: rgb(255, 255, 204);" class="signature" xml:lang="en-us" lang="en-us">
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style="background-color: rgb(255, 255, 204);" class="signature" xml:lang="en-us" lang="en-us">
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style="color: rgb(204, 0, 0);">
style="color: rgb(51, 102, 255);">Read the Letters.
Consider the dates of the letters. Consider the date that the damages Claim was filed in the Municipal Court against my mother as being the "cause" for damages. You BE THE JUDGE!This Document was received by Sheriff Lyons, the Crow's Son-in-Law, on November 25, 2014

You be the Judge!
This Document was recieved by the Crow Attorney





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In Fact, here is a letter from the Plaintiffs themselves in which they acknowledge Margaret Baldino was NOT at fault and that the damages did NOT occur during her Lease!!
https://www.clerkofcourts.municipal.co.clark.oh.us/

style="color: rgb(51, 51, 51);">These letters (and more) were communications between the parties before a suit was ever filed (not against me)...my mother.
Springfield Ohio Court finds my mother the "cause" for damages
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style="color: rgb(204, 0, 0);">
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style="color: rgb(0, 51, 51);"> Contact




style="color: rgb(102, 51, 102);">
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style="color: rgb(204, 0, 0); font-weight: bold;">
style="color: rgb(51, 51, 51);">I have many videos and documents to show other areas in which this local government has been attacking this family. Here's a recorded call on youtube. In a few weeks I'll attach a recorded conversation with Mr. James Heath while in his office.
There's more, much more, so if anyone is interested in those evidences in other areas, simply ask.
Follow me to the United States District Court for the Southern District of Ohio, Western Division!

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class="c153">CLICK HERE


class="signature c74" xml:lang="en-us" lang="en-us">Misc. Letters From The Court :
Sept-29-2016-court-issued-Page 1 Sept-29-2016-court-issued-Page 2

Court issues Show Cause Order to Kenny Court issue Show Cause Order to the Crow Attorney