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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-08-30
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 83 entries

Parties

Plaintiff U.s. Bank National Association
Defendant Dale E Murphy|John Doe Name Unknown, The Unknown Spouse Of Dale E. Murphy Aka Dale M. Murphy (if Any)|Patrice M Moreland|John Doe Name Unknown, The Unknown Spouse Of Patrice M. Moreland (if Any)|State Of Ohio, Department Of Taxation
Photo of Hon. Kenneth R Callahan

Judge

Hon. Kenneth R Callahan

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2) 11/22/2022 - GRANTED
  3. CERTIFIED MAIL NUMBER 48477782 ADDRESSED TO PATRICE M MORELAND(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  4. CERTIFIED MAIL RECEIPT NO. 48477781 RETURNED 10/04/2022 FAILURE OF SERVICE ON DEFENDANT JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  5. CERTIFIED MAIL RECEIPT NO. 48472515 RETURNED 10/04/2022 FAILURE OF SERVICE ON DEFENDANT JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  6. CERTIFIED MAIL RECEIPT NO. 48472514 RETURNED 10/04/2022 FAILURE OF SERVICE ON DEFENDANT MORELAND/PATRICE/M - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  7. CERTIFIED MAIL RECEIPT NO. 48477781 RETURNED 10/4/2022 FAILURE OF SERVICE ON DEFENDANT JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  8. CERTIFIED MAIL RECEIPT NO. 48472515 RETURNED 10/4/2022 FAILURE OF SERVICE ON DEFENDANT JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  9. CERTIFIED MAIL RECEIPT NO. 48472514 RETURNED 10/4/2022 FAILURE OF SERVICE ON DEFENDANT MORELAND/PATRICE/M - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  10. ANSWER FILED BY D5 STATE OF OHIO, DEPARTMENT OF TAXATION ATTORNEY NICOLE R. RANDALL 0081351 ANSWER OF STATE OF OHIO DEPARTMENT OF TAXATION
  11. USPS RECEIPT NO. 48477784 DELIVERED BY USPS 09/10/2022 MURPHY/DALE/E PROCESSED BY COC 09/14/2022.
  12. USPS RECEIPT NO. 48477783 DELIVERED BY USPS 09/10/2022 JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF DALE E. MURPHY PROCESSED BY COC 09/14/2022.
  13. USPS RECEIPT NO. 48477780 DELIVERED BY USPS 09/08/2022 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 09/14/2022.
  14. USPS RECEIPT NO. 48472516 DELIVERED BY USPS 09/08/2022 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 09/14/2022.
  15. USPS RECEIPT NO. 48472513 DELIVERED BY USPS 09/10/2022 JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF DALE E. MURPHY PROCESSED BY COC 09/14/2022.
  16. USPS RECEIPT NO. 48472512 DELIVERED BY USPS 09/10/2022 MURPHY/DALE/E PROCESSED BY COC 09/14/2022.
  17. 48484489 ON 09/06/2022 I SERVED THE WITHIN NAMED JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF DALE E. MURPHY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  18. 48484487 ON 09/06/2022 I SERVED THE WITHIN NAMED JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  19. 48484490 ON 09/06/2022 I SERVED THE WITHIN NAMED MURPHY/DALE/E BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  20. 48484487 ON 09/06/2022 THE WITHIN NAMED JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  21. 48484488 ON 09/06/2022 THE WITHIN NAMED MORELAND/PATRICE/M WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  22. NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  23. NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  24. NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  25. NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  26. NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  27. NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  28. SUMS COMPLAINT(48477784) SENT BY CERTIFIED MAIL. TO: DALE E MURPHY 17910 EAST PARK DRIVE CLEVELAND, OH 44119
  29. SUMS COMPLAINT(48477783) SENT BY CERTIFIED MAIL. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF DALE E. MURPHY 17910 EAST PARK DRIVE CLEVELAND, OH 44119
  30. SUMS COMPLAINT(48477782) SENT BY CERTIFIED MAIL. TO: PATRICE M MORELAND 873 RAVINE DRIVE UNIT 105 CLEVELAND, OH 44112
  31. SUMS COMPLAINT(48477781) SENT BY CERTIFIED MAIL. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND 873 RAVINE DRIVE UNIT 105 CLEVELAND, OH 44112
  32. SUMS COMPLAINT(48477780) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  33. SUMS COMPLAINT(48484490) SENT BY SPECIAL PROCESS SERVER. TO: DALE E MURPHY 17910 EAST PARK DRIVE CLEVELAND, OH 44119
  34. SUMS COMPLAINT(48484489) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF DALE E. MURPHY 17910 EAST PARK DRIVE CLEVELAND, OH 44119
  35. SUMS COMPLAINT(48484488) SENT BY SPECIAL PROCESS SERVER. TO: PATRICE M MORELAND 873 RAVINE DRIVE UNIT 105 CLEVELAND, OH 44112
  36. SUMS COMPLAINT(48484487) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND 873 RAVINE DRIVE UNIT 105 CLEVELAND, OH 44112
  37. SUMMONS E-FILE COPY COST
  38. SUMMONS E-FILE COPY COST
  39. SUMMONS E-FILE COPY COST
  40. WRIT FEE
  41. WRIT FEE
  42. WRIT FEE
  43. WRIT FEE
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. WRIT FEE
  48. WRIT FEE
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. SUMS COMPLAINT(48472516) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  56. SUMS COMPLAINT(48472515) SENT BY CERTIFIED MAIL. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF PATRICE M. MORELAND 873 RAVINE DRIVE UNIT 105 CLEVELAND, OH 44112
  57. SUMS COMPLAINT(48472514) SENT BY CERTIFIED MAIL. TO: PATRICE M MORELAND 873 RAVINE DRIVE UNIT 105 CLEVELAND, OH 44112
  58. SUMS COMPLAINT(48472513) SENT BY CERTIFIED MAIL. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF DALE E. MURPHY 17910 EAST PARK DRIVE CLEVELAND, OH 44119
  59. SUMS COMPLAINT(48472512) SENT BY CERTIFIED MAIL. TO: DALE E MURPHY 17910 EAST PARK DRIVE CLEVELAND, OH 44119
  60. SUMMONS E-FILE COPY COST
  61. SUMMONS E-FILE COPY COST
  62. SUMMONS E-FILE COPY COST
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. WRIT FEE
  67. SUMMONS E-FILE COPY COST
  68. SUMMONS E-FILE COPY COST
  69. WRIT FEE
  70. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  71. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  72. 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
  73. MAGISTRATE DEAN K HEGYES ASSIGNED (MANUALLY)
  74. 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
  75. JUDGE KENNETH R CALLAHAN ASSIGNED (RANDOM)
  76. SPECIAL PROJECTS FUND FEE
  77. LEGAL RESEARCH
  78. LEGAL NEWS
  79. LEGAL AID
  80. COMPUTER FEE
  81. CLERK'S FEE
  82. DEPOSIT AMOUNT PAID JUSTIN M. RITCH
  83. DEPOSIT AMOUNT PAID JUSTIN M. RITCH

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