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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 100 entries

Parties

Plaintiff Citizens Bank, N.a. Fka Rbs Citizens, N.a.
Defendant Maria S Hamler|John Doe, Name Unknown, Spouse Of Maria S. Hamler|State Of Ohio, Department Of Tax Ation Robert J. Byrne, Esq.(#0040299) Collections Enforcement Sec, 30|Cuyahoga County Treasurer Anthony Giunta, Esq.(#0040353)
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, SERVICE REQUEST
  2. UDGMENT ENTRY(55255104) SENT BY EMAIL. TO: ANTHONY J GIUNTA [email protected]
  3. UDGMENT ENTRY(55255103) SENT BY EMAIL. TO: PETER COZMYK [email protected]
  4. UDGMENT ENTRY(55255102) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  5. UDGMENT ENTRY(55255101) SENT BY EMAIL. TO: ROBERT H YOUNG [email protected]
  6. HE COURT HAS BEEN INFORMED OF PENDING BANKRUPTCY CASE NO. 24-14277, FILED 10/23/2024. ALL PROCEEDINGS IN THIS ACTION ARE HEREBY STAYED. CASE TO BE REINSTATED ONLY UPON MOTION. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  7. OTICE FILED BY P1 CITIZENS BANK, N.A. FKA RBS CITIZENS, N.A. ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF BANKRUPTCY STAY
  8. NSWER FILED BY D1 MARIA S HAMLER ATTORNEY PETER COZMYK 0078862 ANSWER TO AMENDED COMPLAINT
  9. SPS RECEIPT NO. 54782257 DELIVERED BY USPS 09/17/2024 HAMLER/MARIA /S PROCESSED BY COC 09/25/2024.
  10. OTICE FILED
  11. UMS AMENDED COMPLNT(54782257) SENT BY CERTIFIED MAIL. TO: MARIA S HAMLER 6100 OAK TREE BOULEVARD, SUITE 200 INDEPENDENCE, OH 44131-0000
  12. UMMONS E-FILE COPY COST
  13. RIT FEE
  14. ERTIFIED MAIL RECEIPT NO. 54550620 RETURNED 9/10/2024 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  15. ERTIFIED MAIL RECEIPT NO. 54550619 RETURNED 9/10/2024 FAILURE OF SERVICE ON DEFENDANT HAMLER/MARIA /S - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  16. ON 08/30/2024 I SERVED THE WITHIN NAMED JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  17. OTICE OF SUMMONS SERVICE RETURN FILED
  18. SPS RECEIPT NO. 54550621 DELIVERED BY USPS 08/27/2024 STATE OF OHIO, DEPARTMENT OF TAX ATION PROCESSED BY COC 09/04/2024.
  19. NSWER FILED BY D4 CUYAHOGA COUNTY TREASURER ATTORNEY ANTHONY J GIUNTA 0040353 CUYAHOGA COUNTY TREASURER TO AMENDED COMPLAINT
  20. SPS RECEIPT NO. 54550622 DELIVERED BY USPS 08/19/2024 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 08/28/2024.
  21. UMS AMENDED COMPLNT(54550622) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER COURTHOUSE SQUARE, 310 WEST LAKESIDE AVENUE, SUITE 300 CLEVELAND, OH 44113-0000
  22. UMS AMENDED COMPLNT(54550621) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAX ATION 30 EAST BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  23. UMS AMENDED COMPLNT(54550620) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  24. UMS AMENDED COMPLNT(54550619) SENT BY CERTIFIED MAIL. TO: MARIA S HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  25. UMS AMENDED COMPLNT(54551097) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  26. UMMONS E-FILE COPY COST
  27. USPS RECEIPT NO. 50256520 DELIVERED BY USPS 04/05/2023 HAMLER/MARIA /S PROCESSED BY COC 04/12/2023.
  28. NOTICE OF SUMMONS SERVICE RETURN FILED
  29. NOTICE OF SUMMONS SERVICE RETURN FILED
  30. SUMS COMPLAINT(50256523) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 EAST 9TH STREET CLEVELAND, OH 44115
  31. SUMS COMPLAINT(50256522) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION 30 EAST BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  32. SUMS COMPLAINT(50256521) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  33. SUMS COMPLAINT(50256520) SENT BY CERTIFIED MAIL. TO: MARIA S HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  34. SUMS COMPLAINT(50256652) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  35. SUMS COMPLAINT(50256651) SENT BY SPECIAL PROCESS SERVER. TO: MARIA S HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  36. SUMMONS E-FILE COPY COST
  37. SUMMONS E-FILE COPY COST
  38. WRIT FEE
  39. WRIT FEE
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. WRIT FEE
  47. WRIT FEE
  48. 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
  49. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  50. 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
  51. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  52. SPECIAL PROJECTS FUND FEE
  53. LEGAL RESEARCH
  54. LEGAL NEWS
  55. LEGAL AID
  56. COMPUTER FEE
  57. CLERK'S FEE
  58. DEPOSIT AMOUNT PAID ROBERT H YOUNG
  59. DEPOSIT AMOUNT PAID ROBERT H YOUNG
  60. NSWER FILED BY D4 CUYAHOGA COUNTY TREASURER ATTORNEY ANTHONY J GIUNTA 0040353 CUYAHOGA COUNTY TREASURER
  61. OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 05/03/2023 - GRANTED
  62. OTICE OF APPEARANCE, FILED D1 MARIA S HAMLER PETER COZMYK 0078862. NOTICE OF APPEARANCE
  63. ON 04/07/2023 I SERVED THE WITHIN NAMED HAMLER/MARIA /S BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  64. ON 04/07/2023 I SERVED THE WITHIN NAMED JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  65. SPS RECEIPT NO. 50256523 DELIVERED BY USPS 04/04/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 04/12/2023.
  66. SPS RECEIPT NO. 50256522 DELIVERED BY USPS 04/06/2023 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 04/12/2023.
  67. SPS RECEIPT NO. 50256521 DELIVERED BY USPS 04/05/2023 JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER PROCESSED BY COC 04/12/2023.
  68. SPS RECEIPT NO. 50256520 DELIVERED BY USPS 04/05/2023 HAMLER/MARIA /S PROCESSED BY COC 04/12/2023.
  69. OTICE OF SUMMONS SERVICE RETURN FILED
  70. OTICE OF SUMMONS SERVICE RETURN FILED
  71. UMS COMPLAINT(50256523) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 EAST 9TH STREET CLEVELAND, OH 44115
  72. UMS COMPLAINT(50256522) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION 30 EAST BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  73. UMS COMPLAINT(50256521) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  74. UMS COMPLAINT(50256520) SENT BY CERTIFIED MAIL. TO: MARIA S HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  75. UMS COMPLAINT(50256652) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, SPOUSE OF MARIA S. HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  76. UMS COMPLAINT(50256651) SENT BY SPECIAL PROCESS SERVER. TO: MARIA S HAMLER 3700 MEADOWBROOK BOULEVARD UNIVERSITY HEIGHTS, OH 44118
  77. UMMONS E-FILE COPY COST
  78. UMMONS E-FILE COPY COST
  79. RIT FEE
  80. RIT FEE
  81. UMMONS E-FILE COPY COST
  82. UMMONS E-FILE COPY COST
  83. UMMONS E-FILE COPY COST
  84. UMMONS E-FILE COPY COST
  85. RIT FEE
  86. RIT FEE
  87. RIT FEE
  88. RIT FEE
  89. 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
  90. AGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  91. 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
  92. UDGE DANIEL GAUL ASSIGNED (RANDOM)
  93. PECIAL PROJECTS FUND FEE
  94. EGAL RESEARCH
  95. EGAL NEWS
  96. EGAL AID
  97. OMPUTER FEE
  98. LERK'S FEE
  99. EPOSIT AMOUNT PAID ROBERT H YOUNG
  100. EPOSIT AMOUNT PAID ROBERT H YOUNG

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