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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-02-27
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 65 entries
Disposition DIS. W/O PREJ

Parties

Plaintiff Bank Of America, N.a. Jr
Defendant Brady Howard Jr|Unknown Spouse If Any Of Brady Howard Jr Aka Brady Howard|Erin Howard|Unknown Spouse If Any Of Erin Howard|State Of Ohio, Department Of Taxation|Pnc Bank, National Association Sbm To National City Bank Cls Recovery Collections|Unknown Heirs At Law Or Under The Will If Any Of Linda Davis Howard Deceased
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. PURSUANT TO THE NOTICE OF DISMISSAL FILED HEREIN, THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  2. NOTICE FILED BY P1 BANK OF AMERICA, N.A. ATTORNEY DOUGLAS A. HAESSIG 0079200 NOTICE OF VOLUNTARY DISMISSAL
  3. PLAINTIFF TO PERFECT SERVICE ON ALL DEFENDANTS ON OR BEFORE 11/27/22 OR THIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  4. USPS RECEIPT NO. 47050948 DELIVERED BY USPS 03/28/2022 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 04/28/2022.
  5. CERTIFIED MAIL RECEIPT NO. 46846521 RETURNED 4/13/2022 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE IF ANY OF ERIN HOWARD - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  6. ON 03/25/2022 I SERVED THE WITHIN NAMED UNKNOWN SPOUSE IF ANY OF ERIN HOWARD BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  7. ON 03/25/2022 I SERVED THE WITHIN NAMED HOWARD/ERIN/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  8. SUMS COMPLAINT(47120105) SENT BY REGULAR MAIL SERVICE. TO: PNC BANK, NATIONAL ASSOCIATION SBM TO NATIONAL CITY BANK MAIL STOP BR-YB58-01-5 6750 MILLER ROAD BRECKSVILLE, OH 44141 ANSWER DATE: 04/26/2022
  9. WRIT FEE
  10. SUMMONS E-FILE COPY COST
  11. ANSWER FILED BY D6 PNC BANK, NATIONAL ASSOCIATION SBM TO NATIONAL CITY BANK ATTORNEY ELLEN L FORNASH 0085284 ANSWER OF PNC BANK, NATIONAL ASSOCIATION SBM TO NATIONAL CITY BANK
  12. REQUEST FOR SERVICE FILED ORDINARY MAIL SERVICE ON COMPLAINT
  13. CERTIFIED MAIL RECEIPT NO. 46846519 RETURNED 3/25/2022 FAILURE OF SERVICE ON DEFENDANT HOWARD/ERIN/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  14. ANSWER FILED BY D5 STATE OF OHIO, DEPARTMENT OF TAXATION ATTORNEY CORY STEINMETZ 0092319 STATE OF OHIO DEPARTMENT OF TAXATION
  15. PRELIMINARY JUDICIAL REPORT(47050948) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION CO OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  16. SUMMONS E-FILE COPY COST
  17. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY CERTIFIED MAIL ON PJR
  18. USPS RECEIPT NO. 46846522 DELIVERED BY USPS 03/07/2022 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 03/16/2022.
  19. ON 03/03/2022 I SERVED THE WITHIN NAMED HOWARD JR/BRADY/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  20. ON 03/03/2022 I SERVED THE WITHIN NAMED UNKNOWN SPOUSE IF ANY OF BRADY HOWARD JR AKA BRADY HOWARD BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  21. USPS RECEIPT NO. 46846523 DELIVERED BY USPS 03/04/2022 PNC BANK, NATIONAL ASSOCIATION SBM TO NATIONAL CITY BANK PROCESSED BY COC 03/09/2022.
  22. USPS RECEIPT NO. 46846517 DELIVERED BY USPS 03/03/2022 UNKNOWN SPOUSE IF ANY OF BRADY HOWARD JR AKA BRADY HOWARD PROCESSED BY COC 03/09/2022.
  23. USPS RECEIPT NO. 46846515 DELIVERED BY USPS 03/03/2022 HOWARD JR/BRADY/ PROCESSED BY COC 03/09/2022.
  24. ALL NON-MILITARY CLIENT AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE FILE AND LOAN HISTORY IN QUESTION AND HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELIED UPON TO MAKE THE STATEMENTS CONTAINED IN THE AFFIDAVIT. ALL CLIENT EXECUTED MILITARY AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE APPROPRIATE DEFENDANTS' MILITARY STATUS. FAILURE TO PROVIDE APPROPRIATE AFFIDAVITS MAY RESULT IN MANDATORY PERSONAL ATTENDANCE OF AN AFFIANT FOR A HEARING, THE IMPOSITION OF SANCTIONS AND PENALTIES FOR PERJURY OR CONTEMPT, AND DISMISSAL OF THE CASE. BEFORE JUDGMENT IS ENTERED ON ANY CLAIM FOR FORECLOSURE AND/OR MONEY JUDGMENT IN A RESIDENTIAL MORTGAGE FORECLOSURE CASE, COUNSEL FOR PLAINTIFF AND ANY OTHER PARTY THAT ASSERTS A CLAIM FOR FORECLOSURE OR MONEY JUDGMENT MUST FILE AN AFFIDAVIT OR AFFIDAVITS. IN REGARD TO NON-MILITARY CLIENT AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS REVIEWED THE FILE. 3) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH A REPRESENTATIVE OF THE PARTY SEEKING FORECLOSURE AND/OR MONEY JUDGMENT OR ITS SERVICER AND THAT THIS REPRESENTATIVE: HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELATED TO THE CASE; HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE; AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE PLEADINGS AND COURT FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN. 4) PROVIDE THE FULL NAME OF THE REPRESENTATIVE DESCRIBED IN ITEM 3 AND THE DATE OR DATES OF THE COMMUNICATION. 5) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE PLEADINGS AND OTHER COURT FILINGS IN SUPPORT OF THE CLAIMS FOR FORECLOSURE ARE COMPLETE AND ACCURATE IN ALL RELEVANT RESPECTS. 6) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 7) BE SIGNED AND DATED BY COUNSEL OF RECORD. IN REGARD TO CLIENT EXECUTED MILITARY AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH THE AFFIANT OF THE MILITARY AFFIDAVIT AND THAT THE AFFIANT HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED NECESSARY WEBSITE AND/OR DATABASE TO DETERMINE THE MILITARY STATUS OF THE APPROPRIATE DEFENDANTS. 3) PROVIDE THE FULL NAME OF THE AFFIANT DESCRIBED IN ITEM 2 AND THE DATE OR DATES OF THE COMMUNICATION. 4) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE INFORMATION CONTAINED IN THE MILITARY AFFIDAVIT IS ACCURATE IN ALL RELEVANT RESPECTS. 5) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 6) BE SIGNED AND DATED BY COUNSEL OF RECORD. FAILURE TO SUBMIT AN APPROPRIATE AFFIDAVIT ON OR BEFORE THE DATE OF TRIAL, THE DATE THAT A MOTION FOR SUMMARY JUDGMENT IS RIPE FOR RULING, OR THE DATE OF DEFAULT HEARING, WHICHEVER IS APPLICABLE, WILL RESULT IN DISMISSAL OF THE CASE AND MAY RESULT IN FURTHER SANCTIONS. STANDARDIZED AFFIDAVIT FORMS ARE POSTED ON THE CUYAHOGA COUNTY COURT OF COMMONPLEAS WEBSITE HTTP://CP.CUYAHOGACOUNTY.US/INTERNET/COURTDOCS/MAGISTRATES/AFFIDAVIT (REV5).PDF. ALL AFFIDAVITS SUBMITTED PURSUANT TO THIS ORDER MUST BE IN THE FORMAT OF THESE STANDARDIZED AFFIDAVIT FORMS. IN LIEU OF THIS AFFIDAVIT: 1) IN CASES WHERE CLIENT AFFIDAVITS HAVE BEEN FILED, THE AFFIANT OR AFFIANTS MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY REGARDING THOSE AFFIDAVITS. THE REPRESENTATIVE MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. IF MULTIPLE CLIENT AFFIDAVITS ARE FILED IN THE CASE AND ARE EXECUTED BY MORE THAN ONE AFFIANT, EACH AFFIANT MUST APPEAR AT THE HEARING OF THE MATTER. 2) IN CASES WHERE NO CLIENT AFFIDAVITS HAVE BEEN FILED, AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY IN SUPPORT OF THE ALLEGATIONS OF THE COMPLAINT AND CONTENTS OF OTHER DOCUMENTS OR COURT FILINGS. THE OFFICER MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. 3) IN CASES WHERE NO HEARING IS SCHEDULED BEFORE THE ENTRY OF JUDGMENT (SUCH AS SOME SUMMARY JUDGMENT CASES), THE OFFICER OF THE PARTY SEEKING FORECLOSURE MUST, CONTEMPORANEOUSLY WITH THE MOTION FOR SUMMARY JUDGMENT, MOVE TO SCHEDULE A HEARING AT WHICH THE AFFIANT MAY APPEAR. 4) WITH THE EXCEPTION OF AFFIANTS OF MILITARY AFFIDAVITS, THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER WHO APPEARS IN COURT IN LIEU OF THE FILING OF A FORECLOSURE COUNSEL AFFIDAVIT MUST APPEAR WITH THE ORIGINAL PROMISSORY NOTE, INCLUDING ALL ENDORSEMENTS AND ALLONGES AND A CURRENT PAYMENT HISTORY FOR THE MORTGAGE LOAN AT ISSUE. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO TESTIFY THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS OR OTHER DATA RELATED TO THE CASE, HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN, IF ANY. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO RESPOND TO THE QUESTIONING OF THE MAGISTRATE OR JUDGE PRESIDING OVER THE HEARING AND THE QUESTIONING OF ANY OTHER PARTY ATTENDING THE HEARING. 5) IF THE AFFIANT OR OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER HAS BEEN PREVIOUSLY DEPOSED AND HAS TESTIFIED UNDER OATH REGARDING THE ABOVE REQUIRED INFORMATION, THE FILING OF THE TRANSCRIPT OF THAT DEPOSITION WILL SATISFY THE REQUIREMENTS OF THIS POLICY. FAILURE TO FILE AN ATTORNEY AFFIDAVIT OR DO ANY OF THE ALTERNATIVES TO FILING AN ATTORNEY AFFIDAVIT BEFORE THE CASE IS RIPE FOR THE ENTRY OF JUDGMENT WILL RESULT IN DISMISSAL OF THE CASE. NOTICE ISSUED
  25. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  26. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. A PARTY SEEKING A DEFAULT JUDGMENT MUST FILE A MOTION FOR DEFAULT JUDGMENT. ONCE A CASE IS SET FOR DEFAULT JUDGMENT, THE MOTION FOR DEFAULT JUDGMENT MAY BE WITHDRAWN ONLY BY SEPARATE MOTION WITH GOOD CAUSE SHOWN. NOTICE ISSUED
  27. SUMS COMPLAINT(46846523) SENT BY CERTIFIED MAIL. TO: PNC BANK, NATIONAL ASSOCIATION SBM TO NATIONAL CITY BANK MAIL STOP BR-YB58-01-5 6750 MILLER ROAD BRECKSVILLE, OH 44141
  28. SUMS COMPLAINT(46846522) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION CO OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  29. SUMS COMPLAINT(46846521) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE IF ANY OF ERIN HOWARD 38320 NORTH LANE UNIT I 206 WILLOUGHBY, OH 44112
  30. SUMS COMPLAINT(46846519) SENT BY CERTIFIED MAIL. TO: ERIN HOWARD 38320 NORTH LANE UNIT I 206 WILLOUGHBY, OH 44112
  31. SUMS COMPLAINT(46846517) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE IF ANY OF BRADY HOWARD JR AKA BRADY HOWARD 3714 FENLEY ROAD CLEVELAND HEIGHTS, OH 44121
  32. SUMS COMPLAINT(46846515) SENT BY CERTIFIED MAIL. TO: BRADY HOWARD JR 3714 FENLEY ROAD CLEVELAND HEIGHTS, OH 44121
  33. SUMS COMPLAINT(46846520) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE IF ANY OF ERIN HOWARD 38320 NORTH LANE UNIT I 206 WILLOUGHBY, OH 44112
  34. SUMS COMPLAINT(46846518) SENT BY SPECIAL PROCESS SERVER. TO: ERIN HOWARD 38320 NORTH LANE UNIT I 206 WILLOUGHBY, OH 44112
  35. SUMS COMPLAINT(46846516) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE IF ANY OF BRADY HOWARD JR AKA BRADY HOWARD 3714 FENLEY ROAD CLEVELAND HEIGHTS, OH 44121
  36. SUMS COMPLAINT(46846514) SENT BY SPECIAL PROCESS SERVER. TO: BRADY HOWARD JR 3714 FENLEY ROAD CLEVELAND HEIGHTS, OH 44121
  37. SUMMONS E-FILE COPY COST
  38. WRIT FEE
  39. SUMMONS E-FILE COPY COST
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. WRIT FEE
  44. WRIT FEE
  45. WRIT FEE
  46. WRIT FEE
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. WRIT FEE
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. SUMMONS E-FILE COPY COST
  56. WRIT FEE
  57. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  58. SPECIAL PROJECTS FUND FEE
  59. LEGAL RESEARCH
  60. LEGAL NEWS
  61. LEGAL AID
  62. COMPUTER FEE
  63. CLERK'S FEE
  64. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  65. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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