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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-04-28
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 96 entries

Parties

Plaintiff Northwest Bank, Successor By Merger To Lorain National Bank
Defendant Theodore Albert Gullia|Anne M Gullia|Compass Corp|Sherwood Park Association, Inc.
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. UDGMENT ENTRY(53723535) SENT BY REGULAR MAIL SERVICE. TO: ANNE M GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  3. UDGMENT ENTRY(53723534) SENT BY REGULAR MAIL SERVICE. TO: THEODORE ALBERT GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  4. UDGMENT ENTRY(53723533) SENT BY EMAIL. TO: GRANT KEATING [email protected]
  5. UDGMENT ENTRY(53723532) SENT BY EMAIL. TO: GRANT KEATING [email protected]
  6. UDGMENT ENTRY(53723531) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  7. UDGMENT ENTRY(53723530) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  8. UDGMENT ENTRY(53723529) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  9. UDGMENT ENTRY(53723528) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  10. UDGMENT ENTRY(53723527) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  11. URSUANT TO THE NOTICE OF DISMISSAL FILED HEREIN, THE CROSS-CLAIM OF SHERWOOD PARK ASSOCIATION, INC. IS DISMISSED. AS ALL REMAINING CLAIMS HAVE BEEN DISPOSED OF, THE CASE IS DISMISSED, WITHOUT PREJUDICE. COURT COST ASSESSED TO THE PLAINTIFF(S). 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 JANET R BURNSIDE. NOTICE ISSUED
  12. OTICE FILED BY D4 SHERWOOD PARK ASSOCIATION, INC. ATTORNEY GRANT KEATING 0079381 NOTICE OF DISMISSAL
  13. URSUANT TO THE NOTICE OF INTENT TO PROCEED FILED HEREIN, DEFENDANT SHERWOOD PARK TO FILE A MOTION FOR DEFAULT JUDGMENT ON OR BEFORE MAY 15, 2024 UNLESS THE SUBJECT LITIGATION IS CONCLUDED BY THE ANTICIPATED SALE OF THE PROPERTY. NOTICE ISSUED
  14. OTICE FILED BY D4 SHERWOOD PARK ASSOCIATION, INC. ATTORNEY GRANT KEATING 0079381 DEFENDANT SHERWOOD PARK ASSOCIATION, INC.'S NOTICE OF INTENT TO PROCEED
  15. LL CLAIMANTS HEREIN HAVE 14 DAYS FROM THE DATE OF THIS ORDER TO FILE A NOTICE OF INTENT TO PROCEED OR OTHERWISE PROSECUTE THEIR AFFIRMATIVE CLAIMS FOR RELIEF. FAILURE TO TIMELY COMPLY MAY RESULT IN DISMISSAL OF THE CASE, WITHOUT PREJUDICE. NOTICE ISSUED
  16. EPLY TO COUNTERCLAIM FILED P1 NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK, ATTORNEY ANTONIO J SCARLATO 0073329 ANSWER OF NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK TO DEFENDANT SHERWOOD PARK ASSOCIATION, INC.'S CROSS-CLAIM
  17. UDGMENT ENTRY(52430017) SENT BY REGULAR MAIL SERVICE. TO: COMPASS CORP C/O ZEPF CENTER 2465 COLLINGWOOD BOULEVARD TOLEDO, OH 43620
  18. UDGMENT ENTRY(52430016) SENT BY REGULAR MAIL SERVICE. TO: ANNE M GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  19. UDGMENT ENTRY(52430015) SENT BY REGULAR MAIL SERVICE. TO: THEODORE ALBERT GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  20. UDGMENT ENTRY(52430014) SENT BY EMAIL. TO: GRANT KEATING [email protected]
  21. UDGMENT ENTRY(52430013) SENT BY EMAIL. TO: GRANT KEATING [email protected]
  22. UDGMENT ENTRY(52430012) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  23. UDGMENT ENTRY(52430011) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  24. UDGMENT ENTRY(52430010) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  25. ELEPHONE CONFERENCE HELD. ATTORNEY COSTELLO APPEARED ON BEHALF OF THE PLAINTIFF. ATTORNEY KEATING APPEARED ON BEHALF OF DEFENDANT/LIENHOLDER SHERWOOD PARK, AND ANNE GULLIA ALSO APPEARED. PLAINTIFF'S MOTION TO DISMISS COMPLAINT AND MOTION FOR LEAVE TO FILE ANSWER TO CROSSCLAIM, FILED 11/02/2023, IS GRANTED. PLAINTIFF'S COMPLAINT IS DISMISSED, WITHOUT PREJUDICE. PLAINTIFF HAS 30 DAYS FROM THE DATE OF THIS ORDER TO FILE A RESPONSE TO DEFENDANT'S CROSS-CLAIM. SHERWOOD PARK HAS LEAVE THEREAFTER TO FILE DISPOSITIVE MOTIONS. ATTORNEY KEATING INFORMED THE COURT OF THE STATUS OF THE CROSS-CLAIM AND IS SEEKING A RESPONSE FROM THE GULLIAS REGARDING THE LETTER SENT TO THEM RECENTLY. ANNE GULLIA INFORMED THE COURT AND COUNSEL THAT SHE WILL RESPOND TO THE LETTER AS SOON AS SHE RECEIVES A COPY FROM ATTORNEY KEATING. 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. NOTICE ISSUED
  26. OTION TO DISMISS FILED PLAINTIFF'S MOTION TO DISMISS COMPLAINT AND MOTION FOR LEAVE TO FILE ANSWER TO CROSSCLAIM 11/21/2023 - GRANTED
  27. ELEPHONE CONFERENCE SET FOR 11/21/2023 AT 11:00 AM. ANY PARTY MAY PARTICIPATE IN THE CONFERENCE CALL BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE PRETRIAL. PLAINTIFF'S COUNSEL MAY ATTEND IN PERSON OR VIA TELEPHONE. THE TELEPHONE CONFERENCE WILL BE CANCELED IF PLAINTIFF FILES A NOTICE OF DISMISSAL OR A MOTION TO DISMISS PRIOR TO THE DATE OF THE CONFERENCE CALL. NOTICE ISSUED
  28. ELEPHONE CONFERENCE HELD. ATTORNEY COSTELLO AND MRS. GULLIA PARTICIPATED. MRS. GULLIA INFORMED THE COURT THAT SAVE THE DREAM SENT HER A CONFIRMATION LETTER ON SEPTEMBER 28 INDICATING THAT SHE IS (PRELIMINARILY) ELIGIBLE TO RECEIVE SAVE THE DREAM FUNDS. TO PERMIT THAT PROCESS TO CONTINUE AND TO MONITOR THE PROGRESS, THE COURT WILL SCHEDULE AN ADDITIONAL TELEPHONE CONFERENCE BY SEPARATE ORDER. NOTICE ISSUED
  29. OTICE FILED BY P1 NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK ATTORNEY MARK R LEMBRIGHT 0041545 NOTICE OF FILING REVISED PRELIMINARY JUDICIAL REPORT
  30. ELEPHONE CONFERENCE SET FOR 10/19/2023 AT 11:15 AM. ANY PARTY MAY PARTICIPATE IN THE CONFERENCE CALL BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE PRETRIAL. PLAINTIFF'S COUNSEL MAY ATTEND IN PERSON OR VIA TELEPHONE. THE TELEPHONE CONFERENCE WILL BE CANCELED IF PLAINTIFF FILES A NOTICE OF DISMISSAL OR A MOTION TO DISMISS PRIOR TO THE DATE OF THE CONFERENCE CALL. NOTICE ISSUED
  31. EFAULT HEARING HELD. ATTORNEY COSTELLO APPEARED ON BEHALF OF THE PLAINTIFF. DEFENDANTS THEODORE AND ANNE GULLIA ALSO APPEARED. PLAINTIFF HAS 30 DAYS TO FILE AN AMENDED COMPLAINT TO ADD USBANK, NATIONAL ASSOCIATION AS A DEFENDANT HEREIN, PURSUANT TO THE JUDGMENT LIEN LISTED ON THE PRELIMINARY JUDICIAL REPORT. IN THE ALTERNATIVE, PLAINTIFF MAY FILE A BRIEF DEMONSTRATING THAT USBANK, NATIONAL ASSOCIATION IS NOT A NECESSARY PARTY. DEFENDANTS GULLIA INFORMED THE COURT THAT FINANCIAL DIFFICULTIES HAVE ARISEN DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL, BUT THEY WISH TO EXPLORE OPPORTUNITIES TO SAVE THEIR HOME. AS PLAINTIFF'S CASE IS NOT YET READY FOR JUDGMENT, DEFENDANTS' MOTIONS TO STAY FOR THE PURPOSE OF SEEKING A RESOLUTION WITH THE PLAINTIFF, FILED 09/11/2023, ARE GRANTED IN PART. DEFENDANTS' MOTIONS FOR LEAVE TO FILE ANSWER INSTANTER, ALSO FILED 09/11/2023, ARE DENIED, AS NO ANSWER IS INCLUDED WITH EITHER FILING. SHOULD PLAINTIFF FILE AN AMENDED COMPLAINT, DEFENDANTS GULLIA WILL BE AFFORDED TIME TO RESPOND TO THE AMENDED COMPLAINT PURSUANT TO THE RULES OF CIVIL PROCEDURE. PLAINTIFF'S DISPOSITIVE MOTIONS WILL BE HELD IN ABEYANCE PENDING FURTHER ORDER OF THE COURT. THE MAGISTRATE WILL SCHEDULE A TELEPHONE CONFERENCE TO MONITOR THE STATUS OF SETTLEMENT DISCUSSIONS. NOTICE ISSUED
  32. OTION OF DEFENDANT (THEODORE GULLIA), PRO SE, TO STAY FOR THE PURPOSE OF SEEKING A RESOLUTION WITH PLAINTIFF FILED PRO SE (9999999) 09/20/2023 - GRANTED IN PART
  33. OTION OF DEFENDANT (ANNE GULLIA), PRO SE, TO STAY FOR THE PURPOSE OF SEEKING A RESOLUTION WITH PLAINTIFF FILED PRO SE (9999999) 09/20/2023 - GRANTED IN PART
  34. MOTION OF DEFENDANT (ANNE GULLIA), PRO SE, FOR LEAVE TO FILE ANSWER INSTANTER (ANSWER ATTACHED) FILED PRO SE (9999999) 09/20/2023 - DENIED
  35. OTION OF DEFENDANT (THEODORE GULLIA), PRO SE, FOR LEAVE TO FILE ANSWER INSTANTER (ANSWER ATTACHED) FILED PRO SE (9999999) 09/20/2023 - DENIED
  36. OTICE FILED BY P1 NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF HEARING
  37. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 09/19/2023 AT 10:30AM BEFORE MAGISTRATE JIM L JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  38. FFIDAVIT FILED BY P1 NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK ATTORNEY F. PETER COSTELLO 0076112 AFFIDAVIT OF F. PETER COSTELLO
  39. FFIDAVIT FILED BY P1 NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK ATTORNEY F. PETER COSTELLO 0076112 AFFIDAVIT AS TO MILITARY SERVICE
  40. OTICE FILED BY P1 NORTHWEST BANK, SUCCESSOR BY MERGER TO LORAIN NATIONAL BANK ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF FILING FINAL JUDICIAL REPORT AND EXTENDED COVERAGE ENDORSEMENT
  41. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 09/20/2023 - HELD IN ABEYANCE
  42. OTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 09/20/2023 - HELD IN ABEYANCE
  43. ERTIFIED MAIL NUMBER 50500999 ADDRESSED TO COMPASS CORP(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  44. EGAL NEWS ABSTRACT
  45. ROOF OF PUBLICATION FILED $513.00- LEGAL NEWS FEE $250.00
  46. RE-PAID PORTION OF SERVICE PUBLICATION FEE $513.00
  47. ERTIFIED MAIL RECEIPT NO. 50627361 RETURNED 05/19/2023 FAILURE OF SERVICE ON DEFENDANT COMPASS CORP - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  48. EPOSIT AMOUNT PAID F. PETER COSTELLO
  49. FFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  50. SPS RECEIPT NO. 50627360 DELIVERED BY USPS 05/22/2023 COMPASS CORP PROCESSED BY COC 05/31/2023.
  51. OTICE OF APPEARANCE, FILED D4 SHERWOOD PARK ASSOCIATION, INC. GRANT KEATING 0079381. NOTICE OF APPEARANCE
  52. EPOSIT AMOUNT PAID GRANT KEATING
  53. NSWER AND CROSSCLAIM $75 DEFENDANT SHERWOOD PARK ASSOCIATION. INC. ANSWER AND CROSS-CLAIM
  54. ERTIFIED MAIL RECEIPT NO. 50627361 RETURNED 5/19/2023 FAILURE OF SERVICE ON DEFENDANT COMPASS CORP - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. UMS COMPLAINT(50627361) SENT BY CERTIFIED MAIL. TO: COMPASS CORP PO BOX 16555 CLEVELAND, OH 44116-0000
  56. UMS COMPLAINT(50627360) SENT BY CERTIFIED MAIL. TO: COMPASS CORP C/O COMPASS MORTGAGE 27755 DIEHL RD STE 500 WARRENVILLE, IL 60555-0000
  57. UMMONS E-FILE COPY COST
  58. UMMONS E-FILE COPY COST
  59. RIT FEE
  60. RIT FEE
  61. ON 05/08/2023 I SERVED THE WITHIN NAMED GULLIA/THEODORE/ALBERT BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  62. RAECIPE FILED PRAECIPE FOR SERVICE
  63. NSWER OF THEODORE A. GULLIA . PRO SE (9999999)
  64. SPS RECEIPT NO. 50501000 DELIVERED BY USPS 05/05/2023 SHERWOOD PARK ASSOCIATION, INC. PROCESSED BY COC 05/10/2023.
  65. SPS RECEIPT NO. 50500998 DELIVERED BY USPS 05/05/2023 GULLIA/ANNE/M PROCESSED BY COC 05/10/2023.
  66. SPS RECEIPT NO. 50500997 DELIVERED BY USPS 05/05/2023 GULLIA/THEODORE/ALBERT PROCESSED BY COC 05/10/2023.
  67. UMS COMPLAINT(50501000) SENT BY CERTIFIED MAIL. TO: SHERWOOD PARK ASSOCIATION, INC. C/O KRISTEN HOWELL REGISTERED AGENT 34640 SHERWOOD DRIVE SOLON, OH 44139
  68. UMS COMPLAINT(50500999) SENT BY CERTIFIED MAIL. TO: COMPASS CORP C/O ZEPF CENTER 2465 COLLINGWOOD BOULEVARD TOLEDO, OH 43620
  69. UMS COMPLAINT(50500998) SENT BY CERTIFIED MAIL. TO: ANNE M GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  70. UMS COMPLAINT(50500997) SENT BY CERTIFIED MAIL. TO: THEODORE ALBERT GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  71. 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
  72. AGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  73. 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
  74. UMS COMPLAINT(50501165) SENT BY SPECIAL PROCESS SERVER. TO: THEODORE ALBERT GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  75. UMS COMPLAINT(50501164) SENT BY SPECIAL PROCESS SERVER. TO: ANNE M GULLIA 34785 SHERWOOD DRIVE SOLON, OH 44139
  76. UMMONS E-FILE COPY COST
  77. UMMONS E-FILE COPY COST
  78. RIT FEE
  79. RIT FEE
  80. UMMONS E-FILE COPY COST
  81. RIT FEE
  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. UDGE DANIEL GAUL ASSIGNED (RANDOM)
  89. PECIAL PROJECTS FUND FEE
  90. EGAL RESEARCH
  91. EGAL NEWS
  92. EGAL AID
  93. OMPUTER FEE
  94. LERK'S FEE
  95. EPOSIT AMOUNT PAID MARK R LEMBRIGHT
  96. EPOSIT AMOUNT PAID MARK R LEMBRIGHT

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