from the Franklin County Court of Common Pleas C.P.C. No.
brief: Buckingham, Doolittle & Burroughs, and William W.
Emley, Sr., for appellee.
brief: Alvon Williams, pro se.
1} Defendant-appellant, Alvon Williams, appeals from
a judgment of the Franklin County Court of Common Pleas
granting plaintiff-appellee, Swift Transportation Co., Inc.,
summary judgment. Because Swift has failed to establish that
there are no material issues of fact and that it is entitled
to judgment as a matter of law, we reverse.
AND PROCEDURAL HISTORY
2} On August 26, 2014, Williams and Swift entered
into an "Enrollment Contract/Driving Academy"
("contract"). The contract required Swift to
provide truck driving training in exchange for Williams'
promise to pay specified tuition and lodging costs. Williams
began his course of training with Swift on March 30, 2015,
and completed his training on April 23, 2015. Williams
received his commercial driver's license on June 11,
2015. Williams began his employment as a truck driver on June
18, 2015, and terminated that employment on July 31, 2015.
Williams has not paid the amount specified in the
3} On June 30, 2016, Swift filed a complaint against
Williams alleging that Williams "is in default of the
payments required under said contract and there is due and
owing to [Swift] the sum of $4, 400." (Dec. 30, 2016
Compl. at ¶ 2.) On February 14, 2017, Swift filed a
motion for default due to Williams' failure to timely
respond to the complaint. Shortly thereafter, Williams,
appearing pro se, filed an untitled document requesting that
the trial court not grant default judgment against him. On
March 27, 2017, Williams filed a letter again requesting the
trial court to deny default judgment to Swift.
4} Thereafter, Swift served on Williams requests for
admissions. Williams did not timely submit responses to the
requests for admissions. On May 31, 2017, Swift filed a
motion for summary judgment arguing that there were no issues
of material fact and that it was entitled to judgment as a
matter of law based principally upon Williams' failure to
timely respond to Swift's requests for admissions, which
by rule were deemed admitted. Swift also attached the
affidavit of Lisa Summers, a client services representative
for Partner Financial Services. Summers states that she
"is in possession of the business records of the company
as they relate to an account with Williams." Summers
1. That said note is in default according to its terms;
2. That the Defendant, has failed to make all payments
required in the terms of said note in a timely fashion;
3. That the company, as a result of the default of the
Defendant, has accelerated the terms of the note and demanded
the entire balance;
4. That there is owing the sum of $4, 400.00 plus costs and
interest at the rate of 3% per annum from the date of
Judgment and ...