Synopsis

Late 2012
F.E.M.A. aids with a little over $1k to get me out of the building in Florida that was affected by a storm (roof and ceiling fell in, water from all sides through all doors and more).

I came to Springfield Ohio where my mother offered to help.

11/12/2012
Mom signs 1-year lease with the lessor, Mrs. Crow. (I was PRESENT)

11/11/2013
Mother's one year lease is up and I receive an agreement with MR. Crow to resume the rental. Mom becomes a resident of Florida. In fact, she only returns to Ohio under threat of default judgment. Now we can show Lack of subject matter jurisdiction via her credit card statement, etc. We can also show that following the illegal trial that she returned to Florida the very next day. The court knew they didn't have jurisdiction, it's on their court record as seen in our first motion to the court and another entry made by an attorney prior to pretrial (motion to vacate hearing).

9/9/2014
I vacate the Crow Property

7 months later

4/16/15
Letters threatening to sue me

6 months later

10/28/15
wife (lessor) and husband jointly Filed against my mother instead of me. Deprivation of Rights starts when the my mom is threatened to be subjected to a default judgment if she does not return to Ohio to address an issue the court hasn't any Jurisdiction over my mom). You must sue in the state in which she is domiciled in.

7/26/16
Calls to the court clerk and both attorneys weren't working, so i filed motions to the court record and opposing attorney and the Plaintiff consisting of a "motion to intervene" and a "motion to correct the record", prior to pre-trial, requesting to be made a party to the case since I have all the evidences to refute the claim against my mother (and me) and cannot present the evidence without being made a party to the case. I also state that the court lacks subject matter jurisdiction on page one of my three page motion to intervene.

8/29/16
Court denies my motions stating I'm "not a party to the case"

9/20/16
I appealed to the Second Appellate Court of Appeals for a review of the lower Court's determination to restrict my ability to present issues, and included at least one additional piece of evidence that was not submitted to the Lower Court hoping to show "standing".

9/20/16
Mother's paid attorney meets with the judge and opposing counsel emerging from the chambers to inform my mother that the attorney would no longer be able to represent her, oh and that trial was a little over 2 months away (and that she ought to find another attorney)

I make hundreds of emails to attorneys in the state of Ohio in an effort to secure counsel for her, no avail

We filed more than 17 motions to the court record and attached videos showing my mother was not the cause for damages as the initial filing stated.
All are denied yet remain on the court record. However, the Second Appellate Court of Appeals twists the initial Claim made by the Plaintiffs to the Court. Their filing stated my mother "is the cause for damages", the Appellate muddied the waters with their interpretation "damages that occurred during (her tenancy)".

Either way though, she cannot be liable for damages she has not control over (and neither do I, the true tenant that the court just doesn't want to see).
We do not own the building, we are not the upstairs tenant that the Plaintiff already won $4k+ from the same Clark County Municipal Court a few weeks prior.

11/18/16
My mother and I went to the Clark County Municipal Court to file a counter-suit. They accept money in exchange.

11/28/16
Judge Denies our Counter Suit without our ability to actually file it. Of course without refund, stating it to be "untimely" and "without leave of court" (but it was the court clerk that withheld our earlier 11/18/16 filing, without docketing the motion until we paid the fee to file a counter suit). So the 11/18/16 motion was held for ransom and not filed when placed in the care of the Court Clerk until 11/28/16 due to the words in the last paragraph stating "...the defendant moves the court to allow for a counter-suit... as seen on this page here"

12/1/16
Municipal court doesn't wait for a decision from the appellate and has trial anyway (with my mom unrepresented). That same Municipal Court holds a Judge's Determination that my mother is guilty of being the cause for damages. A Trial that denies my attempts to show evidence in the court (twice, including videos and a rental receipt), then I was ushered out of the Court again. All in all I suspect that I was in the Court Room for less than 20 minutes.

Court awards decision for the husband of the lessor of my mother's former one-year lease
In other words, if the Lessor (Mrs. Crow) is party A, and I am Party B (but not a party to the case), the Court found that party M (my mother) is guilty and ordered to pay over $4K to Party E (Eric Crow).

More than 5 months later

5/12/17
The Appellate Moves and concurs

Damages have occurred causing a split between my mother and her husband due to this court issue.
Other damages include loss of life
To live as one would prefer to Live. To utilize Life's moments on this planet toward whatever task is chosen, as opposed to redirecting one's LIFE into an area we cannot all be doing, The Law).
Other damages including loss of liberty
When the laws that every judge and attorney is learned of (Basic Rights) are skirted against the citizens that aren't judges or attorneys, are not the former as criminals?
Which begs the question, if my education system barely touched on the Bill of Rights, and our educational mandated curriculum sets what is taught and not taught in the schools, are those that are in the know not criminal when they choose to not enforce them for the good of the citizenry (voluntarily doing so)?

I have more than 17 entries into the court record (all denied by the judge)

Some of my evidences are:

Rental receipts
Signed documents that were communicated between the parties prior to a case being filed against the wrong party (knowingly)
Videos showing neither I nor my mother are at fault
Photos of the state of the property when I moved in and when I moved out
My own witnesses
My own first-person testimony

...all denied by the judge which can be seen on the timeline contained here (mine) or here (the Court's)

I am asking $1.5M + costs

YouTube search terms: 1335 north limestone Springfield Ohio

p.s. Not only did I attach some of my evidences to the court record in physical dvd's but also links to the videos so the fact that the court record hides the exhibits, the links are written into the documents submitted to the court record.

I hope you will consider my dilemma.
kennyhendrick@yandex.com
937-718-3586


This is documented better here: http://www.springfield-ohio-post.com
or
If you don't mind redacted exhibits, the court's record is here:
http://images.clerkofcourts.municipal.co.clark.oh.us/CISWeb/Search.aspx?caseNumber=15CVF02981

misjoinder? federal?

Your Mom is next.
Imagine your neighbor is murdered and you are on trial for the murder as the only suspect. Imagine my having taken videos of the real murderer of your neighbor. How would you feel about my being told "NO evidence allowed" in your case because I'm not a "party to the case"? It's a different scenario now, isn't it? I'll tone it down for you: Imagine your child is in the morgue and you are not only mourning but are arrested for child abuse which you know you are innocent of. It goes to trial and you lose knowing the whole time that I was with evidences that would find you innocent. I'm on a roll, Imagine you are hit in the head and wake up to find you've also been robbed and stripped naked but that I have pretty solid evidence to show who the mugger was. How would it feel to you that your attacker is free because my evidence wasn't admissible (for failure to learn legalese in time to save you from the courts?).

One last one: Imagine YOUR mom is accused of being the "cause" of damages to a property. Imagine if YOU had Videos showing the old lady they found guilty wasn't the one damaging the crow property. Imagine YOU had rental receipts showing you were an integral part of the lawsuit and the actual tenant at the time of the disasters, imagine you possessed signed documents to and from the Crows (prior to any suit ever having been filed against your mother, in which both parties within the documents acknowledge that you, and not your mom, were the tenant), imagine you had other witnesses that would have altered the outcome and fate of YOUR mom, imagine you being denied to be in a position to produce photos and videos showing what the condition of the crow property was like when you arrived, imagine you had Videos and photos taken of the Crow property during your tenancy, imagine you had videos and photos showing the condition of the crow property when YOU departed 1335 North Limestone Street in Springfield Ohio, imagine being stripped of your first-person testimony, imagine you had more evidence and were not allowed to present it in a court of law, not even to defend your own mother by order of a Judge.

Only a plaintiff, defendant, or judge can compel evidence in these courts. When I attempted to hold up evidence in court, Judge Thomas Trempe waved me down, when I stated that my video evidences were in the court room on that fateful day of December 1, 2016, the judge appeared to be disinterested in regards to evidence. Judge Trempe reprimanded me stating that my mother, who has never in her life ever received any summons for anything, was now left to fend for herself without the "benefit" of counsel, that it is up to HER to compel the evidence.

Early on in the Municipal Court Case against my mother, prior to Pre-Trial, I filed two motions to the court; a "motion to intervene" (naively assuming the english language was understandable to all of us....who knew the courts would change the word "intervene" to mean something else?), and a "motion to correct the record" (I'm not an attorney and so I don't know the magic words, and my mom on the firing block does not allow enough time to learn the volumes that an attorney studies years to be proficient in, so "Motion to Correct the Record" was the best I could do at the time allotted. Both Motions were denied by Judge Trempe.

I promptly filed an appeal to the second appellate court of appeals but then over 2 months after I filed with the appellate, the lower court Judge went ahead and had Trial anyway. My mother was left without counsel and was clueless as to what to say and do in there. Only my mom's witnesses were sequestered leaving my mom to go up against the Crow Attorney and Judge alone, the same judge that has Denied our over 17 motions to the Municipal Court Record (with exhibits, including this video and about 4 others, not including other evidences and sworn statements).

We even filed a Counter-Suit by the urging of the municipal court clerk, I was sure the Appellate was a standard above the lower court and took the bait....they took our money and then summarily denied the counter-suit. It's tough in Springfield Ohio to try to be able to obtain the justice we are told exists...the lower court denied my ability to become a party and disregarded the 5 times in my motion in which i state to be in possession of evidence (stated within my feeble Motion to Correct The Record, which I believe was 2 pages of actual content, so the mention of 5x stating to be in possession of evidence is not easily missed). I stated to the Judge, the opposing counsel, of course to the Crows, everybody was made aware that I have video evidence showing my mom did not cause the damage and here it is 2 years later, having to go to Federal Court to undo the bad unmistakable mis-judgment of the Clark County Municipal Court.

My evidence, if permitted may have refuted any claim made by the Crows. Clark County Municipal Court of Ohio went ahead and ushered the 70++ year old trembling woman into the Court room alone and had trial leaving her to fend for herself. Judge Trempe decided to disregard my appeal submitted to the Second Appellate and had the Trial a few months after pre-trial knowing my mother would be without counsel (since counsel quit after a meeting with the judge and opposing counsel

******p.s. Note to all Springfield Citizens, if your attorney leaves you in the hall and walks into a back room with the judge and the opposing attorney, be very afraid, and have a backup plan! My mom's paid attorney emerged to state he'd not be representing my mom anymore (not that he appeared interested in the case ...well, maybe at first, when that $1k hit his bank, but as for the numerous calls and emails I sent to him prior to pre-trial (none returned), it was a stone wall with that guy.

The municipal court went ahead and had trial without allowing evidence to be presented.

Five months later, after my innocent mother was told she is the cause for damages and must give the crow's $4k++ for being the "cause" for damages, five more months later the Appellate returned with a decision to concur. This is a total breakdown of trust, concurred by the Court of Appeals that an interested party (me) that has submitted over 17 motions to the court WITH EVIDENCES and EXHIBITS and has claimed over and over to have more evidences, all denied by the Clark County Municipal Court, and now the appellate concurs five months after the trial stating my mom "did not file an appeal". We should hope for better on the appeal? Really? Not allowed without the magic words that only a trained attorney would know. The appellate concurred, but do bother to read and understand the entire scope, see http://springfield-ohio.com , concurred 5 months after the lower court totally shirked the appellate division and went to trial anyway, to keep me without the ability to show any of my evidences, this is not good people.

Part of me is very disheartened to see the stark reality of the apparent crumbling system that is in our midst right now. Nobody should have to go through this much trouble just to show evidence to save a loved one (or anyone!) against what seems like a not-to-be-trusted system.

They found my 70++ year old mother guilty of damaging ceiling tiles and carpet. Do you see my mom doing any such thing in the video, taken while damages were occurring ?
https://youtu.be/S0E7vAcGKqY

sorry about the rambling....I'm very frustrated and pessimistic right now (thinking about how your mom is next).


If you feel that at very least I should have been a party that is Free to present evidence,

then please call the Second Appellate's 800 number and leave a message concerning your opinion of this tragedy of Justice.

(800) 608-4652, (937) 225-4464, (937) 496-7724 (fax)

Appellate Case Number: 2016-CA-56 Party: Hendrick


Or call Judge Trempe of the Clark County Municipal Court and let him know how you feel


(937) 328-3768


Municipal Case Number:
15-CVF-02981 Party: Baldino



Back to the Municipal Court Issue here.
Back to the Appellate Court of Appeals page here.
The Ohio Court Sham here.