CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas Case No. 2015CV00789
Plaintiff-Appellee PHILLIP BARRAGATE ASHLYN HEIDER
Defendant-Appellant DAVID A. VAN GAASBEEK
JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A.
Delaney, J. Hon. Earle E. Wise, Jr., J.
1} Defendant-appellant Donald J. Lautzenheiser appeals the
decision of the Stark County Court of Common Pleas grant of
summary judgment to plaintiff-appellee Wilmington Savings
Fund Society, FSB.
AND PROCEDURAL HISTORY
2} On April 16, 2015, Citizens Bank NA filed a complaint in
foreclosure against appellant, alleging appellant had failed
to make payments pursuant to his mortgage contract.
3} On May 20, 2015, counsel for appellant filed a notice of
appearance and a motion for a 30-day extension of time to
file an answer.
4} On May 21, 2015, the trial court granted counsel's
motion for an extension of time until June 18, 2015. On May
26, 2015, the trial court referred the matter to the
foreclosure mediation program and stayed proceedings pending
the outcome of the mediation. Appellant filed his answer to
the complaint on June 19, 2015.
5} On November 24, 2015, the report of the mediator was filed
indicating the matter had not been settled as additional
information was required from appellant. Appellant was given
until December 7, 2015 to produce the documents, and
mediation was rescheduled for January 21, 2016.
6} On January 21, 2016, the mediator filed a report
indicating the matter was not settled as additional
documentation was required. Mediation was again rescheduled
for March 17, 2016.
7} On March 18, 2016, the mediator filed another report
indicating the matter had not been settled as Citizen's
Bank required statements from appellant regarding his pension
benefits. Both parties desired to remain in mediation, but
the matter was returned to the trial court for that
determination. On April 11, 2016, appellant filed a motion
for further mediation. On April 19, 2016, the trial court
granted the motion, allowing for one additional mediation.
8} Mediation was scheduled for October 20, 2016, but was
cancelled on October 19, 2016 because appellant's loan
was transferred to a new provider, appellee here, Wilmington
Savings Fund Society, FSB. Appellee's motion to
substitute party was granted on November 11, 2017.
9} The case then sat for more than a year until January 31,
2018, when appellant filed a motion for further mediation due
to substitution of party plaintiff. The motion was granted on
February 28, 2018.
10} Mediation took place as scheduled on May 24, 2018. On May
25, the mediator filed a report indicating mediation had been