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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-12-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 78 entries

Parties

Plaintiff Midfirst Bank
Defendant Allen T Muccino|Amber L Giddens|Second Round Sub, Llc|Cavalry Spv I, Llc|The United States Of America The Secretary Of Housing And Urban Development|Jane Doe, Name Unknown, The Unknown Spouse Of Allen T. Muccino(if Any)|John Doe, Name Unknown, The Unknown Spouse Of Amber L. Giddens (if Any
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. OTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2) 04/14/2023 - UNOPPOSED AND GRANTED
  3. NSWER FILED BY D5 THE UNITED STATES OF AMERICA ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  4. REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 12/21/22, ALTHOUGH SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  5. SPS RECEIPT NO. 49575652 DELIVERED BY USPS 01/23/2023 THE UNITED STATES OF AMERICA PROCESSED BY COC 02/01/2023.
  6. UMS COMPLAINT(49575652) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA C/O THE U.S. ATTORNEY FOR THE ND 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  7. UMMONS E-FILE COPY COST
  8. RIT FEE
  9. SPS RECEIPT NO. 49398248 DELIVERED BY USPS 01/03/2023 CAVALRY SPV I, LLC PROCESSED BY COC 01/18/2023.
  10. ERTIFIED MAIL RECEIPT NO. 49398251 RETURNED 1/17/2023 FAILURE OF SERVICE ON DEFENDANT MUCCINO/ALLEN/T - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  11. ERTIFIED MAIL RECEIPT NO. 49398250 RETURNED 1/17/2023 FAILURE OF SERVICE ON DEFENDANT GIDDENS/AMBER/L - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  12. ERTIFIED MAIL RECEIPT NO. 49398244 RETURNED 1/17/2023 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ALLEN T. MUCCINO(IF ANY) - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  13. ERTIFIED MAIL RECEIPT NO. 49398243 RETURNED 1/17/2023 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF AMBER L. GIDDENS (IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  14. EQUEST FOR SERVICE FILED PRAECIPE REQUESTING SERVICE OF PROCESS VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND A COPY OF THE FILE STAMPED COMPLAINT
  15. SPS RECEIPT NO. 49398249 DELIVERED BY USPS 01/03/2023 SECOND ROUND SUB, LLC PROCESSED BY COC 01/11/2023.
  16. ERTIFIED MAIL RECEIPT NO. 49398247 RETURNED BY U.S. MAIL DEPARTMENT 12/29/2022 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN DEVEL MAIL RECEIVED AT ADDRESS 01/11/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  17. ERTIFIED MAIL RECEIPT NO. 49398246 RETURNED BY U.S. MAIL DEPARTMENT 12/29/2022 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN DEVEL MAIL RECEIVED AT ADDRESS 01/11/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  18. SPS RECEIPT NO. 49398245 DELIVERED BY USPS 01/04/2023 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN DEVEL PROCESSED BY COC 01/11/2023.
  19. ON 12/29/2022 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ALLEN T. MUCCINO(IF ANY) BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  20. ON 12/29/2022 I SERVED THE WITHIN NAMED JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF AMBER L. GIDDENS (IF ANY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  21. FFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY JUSTIN M. RITCH 0085358 AFFIDAVIT OF JUSTIN M RITCH
  22. OTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  23. OTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  24. OTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  25. OTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF SUMMON SERVICE RETURN
  26. UMS COMPLAINT(49398251) SENT BY CERTIFIED MAIL. TO: ALLEN T MUCCINO 16156 HARRISON DRIVE BROOK PARK,, OH 44142
  27. UMS COMPLAINT(49398250) SENT BY CERTIFIED MAIL. TO: AMBER L GIDDENS 16156 HARRISON DRIVE BROOK PARK,, OH 44142
  28. UMS COMPLAINT(49398249) SENT BY CERTIFIED MAIL. TO: SECOND ROUND SUB, LLC C/O CORPORATIONSERVICECOMPANY AS RA 3366 RIVERSIDE DRIVE, SUITE 103 UPPER ARLINGTON, OH 43221
  29. UMS COMPLAINT(49398248) SENT BY CERTIFIED MAIL. TO: CAVALRY SPV I, LLC C/O CT CORPORATION SYSTEM, AS RA 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219
  30. UMS COMPLAINT(49398247) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN DEVEL C/O THE U.S. ATTORNEY FOR THE ND 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  31. UMS COMPLAINT(49398246) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN DEVEL C/O THE U.S. ATTORNEY FOR THE ND 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  32. UMS COMPLAINT(49398245) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN DEVEL C/O THE US ATTORNEY GENERAL 950 PENNSYLVANIA AVE NW WASHINGTON, DC 20530-0000
  33. UMS COMPLAINT(49398244) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ALLEN T. MUCCINO(IF ANY) 16156 HARRISON DRIVE BROOK PARK, OH 44142
  34. UMS COMPLAINT(49398243) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF AMBER L. GIDDENS (IF ANY 16156 HARRISON DRIVE BROOK PARK, OH 44142
  35. UMS COMPLAINT(49399610) SENT BY SPECIAL PROCESS SERVER. TO: ALLEN T MUCCINO 16156 HARRISON DRIVE BROOK PARK,, OH 44142
  36. UMS COMPLAINT(49399609) SENT BY SPECIAL PROCESS SERVER. TO: AMBER L GIDDENS 16156 HARRISON DRIVE BROOK PARK,, OH 44142
  37. UMS COMPLAINT(49399608) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ALLEN T. MUCCINO(IF ANY) 16156 HARRISON DRIVE BROOK PARK, OH 44142
  38. UMS COMPLAINT(49399607) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF AMBER L. GIDDENS (IF ANY 16156 HARRISON DRIVE BROOK PARK, OH 44142
  39. UMMONS E-FILE COPY COST
  40. UMMONS E-FILE COPY COST
  41. UMMONS E-FILE COPY COST
  42. RIT FEE
  43. RIT FEE
  44. RIT FEE
  45. UMMONS E-FILE COPY COST
  46. RIT FEE
  47. UMMONS E-FILE COPY COST
  48. UMMONS E-FILE COPY COST
  49. UMMONS E-FILE COPY COST
  50. UMMONS E-FILE COPY COST
  51. UMMONS E-FILE COPY COST
  52. RIT FEE
  53. RIT FEE
  54. RIT FEE
  55. RIT FEE
  56. RIT FEE
  57. UMMONS E-FILE COPY COST
  58. UMMONS E-FILE COPY COST
  59. UMMONS E-FILE COPY COST
  60. UMMONS E-FILE COPY COST
  61. RIT FEE
  62. RIT FEE
  63. RIT FEE
  64. RIT FEE
  65. EQUEST FOR SERVICE FILED PRAECIPE FOR PRIVATE PROCESS SERVICE WITH ATTACHED STANDING ORDER AND FS COMPLAINT
  66. EQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE WITH ATTACHED FS COMPLAINT
  67. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  68. AGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  69. 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. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  70. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  71. PECIAL PROJECTS FUND FEE
  72. EGAL RESEARCH
  73. EGAL NEWS
  74. EGAL AID
  75. OMPUTER FEE
  76. LERK'S FEE
  77. EPOSIT AMOUNT PAID JUSTIN M. RITCH
  78. EPOSIT AMOUNT PAID JUSTIN M. RITCH

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