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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-03-29
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 166 entries

Parties

Plaintiff Fidelity Bank, N.a.
Defendant Joyce Frazier|Jan Doe Name Unknown, Spouse Of Joyce Frazier, If Any|Michele Snyder|Unknown Heirs At Law Of Joyce Frazier Legatees, Devisees, Next Of Kin Of Joyce Frazier|Unknown Tenants And Occupants Of
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. HECK WRITTEN TO PAUL F. BOYLE FOR DOCKET ID 187674501 IN THE AMOUNT OF $150
  3. ASE REFUND TO KEITH D. WEINER & ASSOCIATES, CO. L.P.A.
  4. ERTIFIED MAIL RECEIPT NO. 56369114 RETURNED 03/17/2025 FAILURE OF SERVICE ON DEFENDANT FRAZIER/JOYCE/ - NO SUCH NUMBER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  5. ERTIFIED MAIL RECEIPT NO. 56369114 RETURNED 3/17/2025 FAILURE OF SERVICE ON DEFENDANT FRAZIER/JOYCE/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  6. UDGMENT DEBTOR NOTICE(56369114) SENT BY CERTIFIED MAIL. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  7. RIT FEE
  8. EPOSIT AMOUNT PAID SHERIFF
  9. LERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $8,911.71
  10. EPOSIT AMOUNT PAID SHERIFF
  11. EPOSIT REQUIRED FOR COURT COSTS $3,393.75 SHERIFF
  12. O COURT: 03/03/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: STEELEREAL PROPERTIES LLC 2 ........................................................................................... FOR $84,100.00 DATE OF SALE 11/12/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  13. EGULAR MAIL SERVICE RECEIPT NO. 55931239 RETURNED 02/19/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN TENANTS AND OCCUPANTS OF ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  14. EGULAR MAIL SERVICE RECEIPT NO. 55931236 RETURNED 02/19/2025 FAILURE OF SERVICE ON DEFENDANT JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  15. AILED POSTCARD RESEND OM(55977002) SENT BY REGULAR MAIL SERVICE. TO: MICHELE SNYDER 6941 CLARK RD ATWATER, OH 44201-0000
  16. UMMONS E-FILE COPY COST
  17. AILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR SNYDER/MICHELE/ AND RESENT OUT BY ORDINARY MAIL.
  18. UDGMENT ENTRY(55931239) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN TENANTS AND OCCUPANTS OF 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128-0000
  19. WRIT FEE
  20. SUMS AMENDED COMPLNT(52725039) SENT BY SPECIAL PROCESS SERVER. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  21. SUMS AMENDED COMPLNT(52725038) SENT BY SPECIAL PROCESS SERVER. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  22. SUMMONS E-FILE COPY COST
  23. SUMMONS E-FILE COPY COST
  24. WRIT FEE
  25. WRIT FEE
  26. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR ORDINARY MAIL SERVICE ON SECOND AMENDED COMPLAINT
  27. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND COMPLAINT BY PROCESS SERVER
  28. CERTIFIED MAIL RECEIPT NO. 52548280 RETURNED 1/2/2024 FAILURE OF SERVICE ON DEFENDANT SNYDER/MICHELE/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  29. CERTIFIED MAIL RECEIPT NO. 52548281 RETURNED 12/13/2023 FAILURE OF SERVICE ON DEFENDANT JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  30. CERTIFIED MAIL RECEIPT NO. 52548279 RETURNED 12/13/2023 FAILURE OF SERVICE ON DEFENDANT FRAZIER/JOYCE/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  31. SUMS AMENDED COMPLNT(52548281) SENT BY CERTIFIED MAIL. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  32. SUMS AMENDED COMPLNT(52548280) SENT BY CERTIFIED MAIL. TO: MICHELE SNYDER 1430 REDTOP COURT MARYSVILLE, OH 43040-0000
  33. SUMS AMENDED COMPLNT(52548279) SENT BY CERTIFIED MAIL. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. WRIT FEE
  39. WRIT FEE
  40. USPS RECEIPT NO. 52398644 DELIVERED BY USPS 11/22/2023 LAKE COUNTY COMMON PLEAS COURT PROCESSED BY COC 11/29/2023.
  41. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  42. DEPOSIT AMOUNT PAID KIM M HAMMOND
  43. AMENDED COMPLAINT $75 SECOND AMENDED COMPLAINT FOR MONEY, FORECLOSURE, AND OTHER EQUITABLE RELIEF
  44. CERTIFIED MAILER(52398644) SENT BY CERTIFIED MAIL. TO: LAKE COUNTY COMMON PLEAS COURT 25 N PARK PL PAINESVILLE, OH 44077-0000
  45. REFUND BALANCE OF CASE COST DEPOSIT TO LAKE COUNTY
  46. REVIEW OF PLAINTIFF'S MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM, FILED 10/20/2023, REVEALS THAT PLAINTIFF INCORRECTLY DISMISSED JOYCE FRAZIER AS A DEFENDANT HEREIN AND INCORRECTLY ASKS THE COURT TO APPOINT A GUARDIAN AD LITEM FOR JOYCE FRAZIER'S GUARDIAN. PLAINTIFF'S TITLEWORK INDICATES THAT JOYCE FRAZIER IS THE RECORD OWNER OF SUBJECT PROPERTY, THEREBY MAKING HER A NECESSARY PARTY. HER INCAPACITY WARRANTS A GUARDIAN AD LITEM APPOINTMENT, BUT THE COURT CANNOT APPOINT A GAL FOR A NON-PARTY. PLAINTIFF HAS LEAVE TO FILE AN AMENDED COMPLAINT TO ADD JOYCE FRAZIER AND TO FILE AN ADDITIONAL MOTION TO APPOINT A GUARDIAN AD LITEM FOR JOYCE FRAZIER. NOTICE ISSUED
  47. MOTION FILED FOR P1 FIDELITY BANK, N.A. KIM M HAMMOND 0062572 MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM 11/17/2023 - DENIED
  48. PURSUANT TO THE NOTICE OF PARTIAL DISMISSAL FILED HEREIN, DEFENDANT JOYCE FRAZIER IS HEREBY DISMISSED, WITHOUT PREJUDICE. PARTIAL. NOTICE ISSUED
  49. NOTICE FILED BY P1 FIDELITY BANK, N.A. ATTORNEY KIM M HAMMOND 0062572 NOTICE OF PARTIAL DISMISSAL
  50. LEGAL NEWS ABSTRACT
  51. PROOF OF PUBLICATION FILED $483.40 - LEGAL NEWS FEE $250.00
  52. ON 08/04/2023 THE WITHIN NAMED JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  53. NOTICE OF SUMMONS SERVICE RETURN FILED
  54. CERTIFIED MAIL NUMBER 50810620 ADDRESSED TO JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  55. DEPOSIT AMOUNT PAID KIM M HAMMOND
  56. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT OF SERVICE BY PUBLICATION
  57. SUMS AMENDED COMPLNT(51273400) SENT BY SPECIAL PROCESS SERVER. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND COMPLAINT BY PROCESS SERVER
  61. USPS RECEIPT NO. 50810621 DELIVERED BY USPS 06/23/2023 SNYDER/MICHELE/ PROCESSED BY COC 06/28/2023.
  62. SUMS AMENDED COMPLNT(50810621) SENT BY CERTIFIED MAIL. TO: MICHELE SNYDER 1430 REDTOP COURT MARYSVILLE, OH 43040-0000
  63. SUMS AMENDED COMPLNT(50810620) SENT BY CERTIFIED MAIL. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  64. SUMMONS E-FILE COPY COST
  65. SUMMONS E-FILE COPY COST
  66. WRIT FEE
  67. WRIT FEE
  68. REQUEST FOR SERVICE FILED INSTRUCTION FOR SERVICE ON AMENDED COMPLAINT
  69. DEPOSIT AMOUNT PAID KIM M HAMMOND
  70. AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR MONEY, FORECLOSURE, AND OTHER EQUITABLE RELIEF
  71. PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT INSTANTER, FILED 05/10/2023, IS GRANTED IN PART. PLAINTIFF HAS 14 DAYS FROM THE DATE OF THIS ORDER TO SEPARATELY FILE THE AMENDED COMPLAINT, AS PROPOSED. NOTICE ISSUED
  72. MOTION FILED FOR P1 FIDELITY BANK, N.A. KIM M HAMMOND 0062572 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT INSTANTER 05/31/2023 - GRANTED IN PART
  73. SUMS COMPLAINT(50508583) SENT BY REGULAR MAIL SERVICE. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128 ANSWER DATE: 05/29/2023
  74. SUMS COMPLAINT(50508582) SENT BY REGULAR MAIL SERVICE. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128 ANSWER DATE: 05/29/2023
  75. SUMMONS E-FILE COPY COST
  76. SUMMONS E-FILE COPY COST
  77. WRIT FEE
  78. WRIT FEE
  79. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR ORDINARY MAIL SERVICE
  80. CERTIFIED MAIL RECEIPT NO. 50249328 RETURNED 4/25/2023 FAILURE OF SERVICE ON DEFENDANT JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  81. CERTIFIED MAIL RECEIPT NO. 50249327 RETURNED 4/25/2023 FAILURE OF SERVICE ON DEFENDANT FRAZIER/JOYCE/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  82. SUMS COMPLAINT(50249328) SENT BY CERTIFIED MAIL. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  83. SUMS COMPLAINT(50249327) SENT BY CERTIFIED MAIL. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  84. SUMMONS E-FILE COPY COST
  85. SUMMONS E-FILE COPY COST
  86. WRIT FEE
  87. WRIT FEE
  88. 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
  89. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  90. 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
  91. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  92. SPECIAL PROJECTS FUND FEE
  93. LEGAL RESEARCH
  94. LEGAL NEWS
  95. LEGAL AID
  96. COMPUTER FEE
  97. CLERK'S FEE
  98. DEPOSIT AMOUNT PAID KIM M HAMMOND
  99. DEPOSIT AMOUNT PAID KIM M HAMMOND
  100. UMS AMENDED COMPLNT(52548279) SENT BY CERTIFIED MAIL. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  101. UMMONS E-FILE COPY COST
  102. UMMONS E-FILE COPY COST
  103. UMMONS E-FILE COPY COST
  104. RIT FEE
  105. RIT FEE
  106. RIT FEE
  107. SPS RECEIPT NO. 52398644 DELIVERED BY USPS 11/22/2023 LAKE COUNTY COMMON PLEAS COURT PROCESSED BY COC 11/29/2023.
  108. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  109. EPOSIT AMOUNT PAID KIM M HAMMOND
  110. MENDED COMPLAINT $75 SECOND AMENDED COMPLAINT FOR MONEY, FORECLOSURE, AND OTHER EQUITABLE RELIEF
  111. ERTIFIED MAILER(52398644) SENT BY CERTIFIED MAIL. TO: LAKE COUNTY COMMON PLEAS COURT 25 N PARK PL PAINESVILLE, OH 44077-0000
  112. EFUND BALANCE OF CASE COST DEPOSIT TO LAKE COUNTY
  113. EVIEW OF PLAINTIFF'S MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM, FILED 10/20/2023, REVEALS THAT PLAINTIFF INCORRECTLY DISMISSED JOYCE FRAZIER AS A DEFENDANT HEREIN AND INCORRECTLY ASKS THE COURT TO APPOINT A GUARDIAN AD LITEM FOR JOYCE FRAZIER'S GUARDIAN. PLAINTIFF'S TITLEWORK INDICATES THAT JOYCE FRAZIER IS THE RECORD OWNER OF SUBJECT PROPERTY, THEREBY MAKING HER A NECESSARY PARTY. HER INCAPACITY WARRANTS A GUARDIAN AD LITEM APPOINTMENT, BUT THE COURT CANNOT APPOINT A GAL FOR A NON-PARTY. PLAINTIFF HAS LEAVE TO FILE AN AMENDED COMPLAINT TO ADD JOYCE FRAZIER AND TO FILE AN ADDITIONAL MOTION TO APPOINT A GUARDIAN AD LITEM FOR JOYCE FRAZIER. NOTICE ISSUED
  114. OTION FILED FOR P1 FIDELITY BANK, N.A. KIM M HAMMOND 0062572 MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM 11/17/2023 - DENIED
  115. URSUANT TO THE NOTICE OF PARTIAL DISMISSAL FILED HEREIN, DEFENDANT JOYCE FRAZIER IS HEREBY DISMISSED, WITHOUT PREJUDICE. PARTIAL. NOTICE ISSUED
  116. OTICE FILED BY P1 FIDELITY BANK, N.A. ATTORNEY KIM M HAMMOND 0062572 NOTICE OF PARTIAL DISMISSAL
  117. EGAL NEWS ABSTRACT
  118. ROOF OF PUBLICATION FILED $483.40 - LEGAL NEWS FEE $250.00
  119. ON 08/04/2023 THE WITHIN NAMED JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  120. OTICE OF SUMMONS SERVICE RETURN FILED
  121. ERTIFIED MAIL NUMBER 50810620 ADDRESSED TO JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  122. EPOSIT AMOUNT PAID KIM M HAMMOND
  123. FFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT OF SERVICE BY PUBLICATION
  124. UMS AMENDED COMPLNT(51273400) SENT BY SPECIAL PROCESS SERVER. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  125. UMMONS E-FILE COPY COST
  126. RIT FEE
  127. EQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND COMPLAINT BY PROCESS SERVER
  128. SPS RECEIPT NO. 50810621 DELIVERED BY USPS 06/23/2023 SNYDER/MICHELE/ PROCESSED BY COC 06/28/2023.
  129. UMS AMENDED COMPLNT(50810621) SENT BY CERTIFIED MAIL. TO: MICHELE SNYDER 1430 REDTOP COURT MARYSVILLE, OH 43040-0000
  130. UMS AMENDED COMPLNT(50810620) SENT BY CERTIFIED MAIL. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  131. UMMONS E-FILE COPY COST
  132. UMMONS E-FILE COPY COST
  133. RIT FEE
  134. RIT FEE
  135. EQUEST FOR SERVICE FILED INSTRUCTION FOR SERVICE ON AMENDED COMPLAINT
  136. EPOSIT AMOUNT PAID KIM M HAMMOND
  137. MENDED COMPLAINT $75 AMENDED COMPLAINT FOR MONEY, FORECLOSURE, AND OTHER EQUITABLE RELIEF
  138. LAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT INSTANTER, FILED 05/10/2023, IS GRANTED IN PART. PLAINTIFF HAS 14 DAYS FROM THE DATE OF THIS ORDER TO SEPARATELY FILE THE AMENDED COMPLAINT, AS PROPOSED. NOTICE ISSUED
  139. OTION FILED FOR P1 FIDELITY BANK, N.A. KIM M HAMMOND 0062572 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT INSTANTER 05/31/2023 - GRANTED IN PART
  140. UMS COMPLAINT(50508583) SENT BY REGULAR MAIL SERVICE. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128 ANSWER DATE: 05/29/2023
  141. UMS COMPLAINT(50508582) SENT BY REGULAR MAIL SERVICE. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128 ANSWER DATE: 05/29/2023
  142. UMMONS E-FILE COPY COST
  143. UMMONS E-FILE COPY COST
  144. RIT FEE
  145. RIT FEE
  146. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR ORDINARY MAIL SERVICE
  147. ERTIFIED MAIL RECEIPT NO. 50249328 RETURNED 4/25/2023 FAILURE OF SERVICE ON DEFENDANT JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  148. ERTIFIED MAIL RECEIPT NO. 50249327 RETURNED 4/25/2023 FAILURE OF SERVICE ON DEFENDANT FRAZIER/JOYCE/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  149. UMS COMPLAINT(50249328) SENT BY CERTIFIED MAIL. TO: JAN DOE NAME UNKNOWN, SPOUSE OF JOYCE FRAZIER, IF ANY 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  150. UMS COMPLAINT(50249327) SENT BY CERTIFIED MAIL. TO: JOYCE FRAZIER 17015 STOCKBRIDGE AVE. CLEVELAND, OH 44128
  151. UMMONS E-FILE COPY COST
  152. UMMONS E-FILE COPY COST
  153. RIT FEE
  154. RIT FEE
  155. LL 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
  156. AGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  157. T 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
  158. UDGE DANIEL GAUL ASSIGNED (RANDOM)
  159. PECIAL PROJECTS FUND FEE
  160. EGAL RESEARCH
  161. EGAL NEWS
  162. EGAL AID
  163. OMPUTER FEE
  164. LERK'S FEE
  165. EPOSIT AMOUNT PAID KIM M HAMMOND
  166. EPOSIT AMOUNT PAID KIM M HAMMOND

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