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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-05-05
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 72 entries

Parties

Plaintiff Freedom Mortgage Corporation
Defendant Durward Griffey|Unk. Spouse If Any Of Durward Griffey|Cinema Park Homeowner's Association, Inc.
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, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY DARRYL E GORMLEY 0067595 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
  3. HE COURT IS IN RECEIPT OF PLAINTIFF'S NOTICE OF STATIS. PLAINTIFF TO FILE A NOTICE OF STATUS OR A MOTION TO REINSTATE WITHIN 60 DAYS OF THIS ORDER. NOTICE ISSUED
  4. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY DARRYL E GORMLEY 0067595 PLAINTIFF'S NOTICE OF STATUS
  5. HE COURT IS IN RECEIPT OF PLAINTIFF'S NOTICE OF STATIS. PLAINTIFF TO FILE A NOTICE OF STATUS OR A MOTION TO REINSTATE WITHIN 60 DAYS OF THIS ORDER. NOTICE ISSUED
  6. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY DARRYL E GORMLEY 0067595 PLAINTIFF'S NOTICE OF STATUS
  7. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY DARRYL E GORMLEY 0067595 PLAINTIFF'S NOTICE OF STATUS
  8. HE COURT HAS BEEN NOTIFIED OF A LOSS MITIGATION STAY UNDER FEDERAL OR STATE LAW. THE CASE IS STAYED AND WILL BE REINSTATED ONLY UPON PROPER MOTION AFTER THE LOSS MITIGATION PROCESS HAS BEEN CONCLUDED. PLAINTIFF TO FILE A NOTICE OF STATUS OR A MOTION TO REINSTATE WITHIN 30 DAYS OF THIS ORDER. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  9. LAINTIFF'S MOTION FOR ENLARGEMENT OF TIME OF THE DISPOSITIVE MOTION DEADLINE OF MARCH 17, 2023, FILED 03/13/2023, IS GRANTED. NOTICE ISSUED
  10. OTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME OF THE DISPOSITIVE MOTION DEADLINE OF MARCH 17, 2023 03/15/2023 - GRANTED
  11. RETRIAL HELD BY MAGISTRATE. PLAINTIFF TO FILE ALL NECESSARY DISPOSITIVE MOTIONS AND UPDATED TITLE WORK WITHIN 60 DAYS OF THIS ORDER. NOTICE ISSUED
  12. ELEPHONE CONFERENCE SET FOR 01/17/2023 AT 09:00 AM. ATTORNEYS ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR THE CONFERENCE NOTICE ISSUED
  13. PRETRIAL HELD BY MAGISTRATE. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT APPEARED. THE PARTIES ARE STILL ATTEMPTING A RESOLUTION OF THE CASE. NEXT TELEPHONE CONFERENCE IS SET FOR 01/17/23 AT 9:00 AM. NOTICE ISSUED
  14. ELEPHONE CONFERENCE SET FOR 12/13/2022 AT 09:00 AM. ATTORNEYS ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE CONFERENCE. NOTICE ISSUED
  15. PRETRIAL HELD. ATTORNEY GORMLEY AND ATTORNEY COZMYK APPEARED. THE PARTIES ARE ATTEMPTING A RESOLUTION OF THE CASE. AS SUCH, THE PRETRIAL IS RESET TO 12/13/22 AT 9:00 AM TO ALLOW TIME FOR A SETTLEMENT. NOTICE ISSUED
  16. ELEPHONE CONFERENCE SET FOR 11/10/2022 AT 09:00 AM. ATTORNEYS ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR THE CONFERENCE. NOTICE ISSUED
  17. ELEPHONE CONFERENCE HELD BY MAGISTRATE AMY JACKSON. COUNSEL FOR PLAINTIFF AND COUNSEL FOR MR. GRIFFEY PARTICIPATED. LOSS MITIGATION PACKET DUE TO PLAINTIFF ON OR BEFORE 09/30/22. NEXT TELEPHONE CONFERENCE SET FOR 11/10/22 AT 9:00 AM. NOTICE ISSUED
  18. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY DARRYL E GORMLEY 0067595 SERVICE OF PLAINTIFF'S WRITTEN RESPONSES AND OBJECTIONS TO DEFENDANT DURWARD GRIFFEY'S INTERROGATORIES, REQUESTS FOR ADMISSIONS, AND REQUESTS FOR PRODUCTION OF DOCUMENTS
  19. ENERAL PLEADING FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY DARRYL E GORMLEY 0067595 PROPOSED JOINT DISCOVERY PLAN PURSUANT TO OHIO RULES OF CIVIL PROCEDURE, RULE 26(F)
  20. RETRIAL HELD. ATTORNEY COZMYK AND ATTORNEY GORMLEY APPEARED. THE PARTIES ARE ATTEMPTING TO RESOLVE THE CASE. AS SUCH A FOLLOW UP TELEPHONE PRETRIAL IS SET FOR 09/14/22 AT 9:00 AM. ATTORNEYS ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE PRETRIAL. NOTICE ISSUED
  21. ELEPHONE CONFERENCE SET FOR 09/14/2022 AT 09:00 AM.
  22. NSWER FILED BY D1 DURWARD GRIFFEY ATTORNEY PETER COZMYK 0078862 ANSWER
  23. ELEPHONE CONFERENCE SET FOR 07/12/2022 AT 01:30 PM. A TELEPHONE STATUS / SCHEDULING CONFERENCE IS ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO CALL 216-443-8505 TEN MINUTES PRIOR TO THE CONFERENCE. THE ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO COMPLY WITH CIVIL RULE 26(F) BY CONFERRING PRIOR TO THE SCHEDULING CONFERENCE ABOUT DATES AND DISCOVERY AND BY PREPARING A WRITTEN DISCOVERY PLAN. NOTICE ISSUED
  24. EFENDANT DURWARD GRIFFEY'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT IS UNOPPOSED AND GRANTED. RESPONSE DUE 06/26/22. NOTICE ISSUED
  25. UMS COMPLAINT(47694790) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF DURWARD GRIFFEY 1225 HALL WAY CLEVELAND, OH 44128-0000 ANSWER DATE: 06/29/2022
  26. UMS COMPLAINT(47694789) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF DURWARD GRIFFEY 1225 HALL WAY WARRENSVILLE HEIGHTS, OH 44128 ANSWER DATE: 06/29/2022
  27. UMS COMPLAINT(47694788) SENT BY REGULAR MAIL SERVICE. TO: DURWARD GRIFFEY 1225 HALL WAY CLEVELAND, OH 44128-0000 ANSWER DATE: 06/29/2022
  28. UMS COMPLAINT(47694787) SENT BY REGULAR MAIL SERVICE. TO: DURWARD GRIFFEY 1225 HALL WAY WARRENSVILLE HEIGHTS, OH 44128 ANSWER DATE: 06/29/2022
  29. UMMONS E-FILE COPY COST
  30. UMMONS E-FILE COPY COST
  31. RIT FEE
  32. RIT FEE
  33. UMMONS E-FILE COPY COST
  34. UMMONS E-FILE COPY COST
  35. RIT FEE
  36. RIT FEE
  37. EQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
  38. OTION FOR EXTENSION OF TIME MOTON FOR EXTENSION OF TIME 06/13/2022 - UNOPPOSED AND GRANTED
  39. OTICE OF APPEARANCE, FILED D1 DURWARD GRIFFEY PETER COZMYK 0078862. NOTICE OF APPEARANCE
  40. ERTIFIED MAIL RECEIPT NO. 47473524 RETURNED 5/23/2022 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF DURWARD GRIFFEY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  41. ERTIFIED MAIL RECEIPT NO. 47473523 RETURNED 5/23/2022 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF DURWARD GRIFFEY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  42. ERTIFIED MAIL RECEIPT NO. 47473522 RETURNED 5/23/2022 FAILURE OF SERVICE ON DEFENDANT GRIFFEY/DURWARD/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  43. ERTIFIED MAIL RECEIPT NO. 47473521 RETURNED 5/23/2022 FAILURE OF SERVICE ON DEFENDANT GRIFFEY/DURWARD/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  44. SPS RECEIPT NO. 47473525 DELIVERED BY USPS 05/11/2022 CINEMA PARK HOMEOWNER'S ASSOCIATION, INC. PROCESSED BY COC 05/18/2022.
  45. UMS COMPLAINT(47473525) SENT BY CERTIFIED MAIL. TO: CINEMA PARK HOMEOWNER'S ASSOCIATION, INC. CO K&C SERVICE CORPORATION, SA 50 PUBLIC SQUARE, SUITE 2000 CLEVELAND, OH 44113
  46. UMS COMPLAINT(47473524) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF DURWARD GRIFFEY 1225 HALL WAY CLEVELAND, OH 44128-0000
  47. UMS COMPLAINT(47473523) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF DURWARD GRIFFEY 1225 HALL WAY WARRENSVILLE HEIGHTS, OH 44128
  48. UMS COMPLAINT(47473522) SENT BY CERTIFIED MAIL. TO: DURWARD GRIFFEY 1225 HALL WAY CLEVELAND, OH 44128-0000
  49. UMS COMPLAINT(47473521) SENT BY CERTIFIED MAIL. TO: DURWARD GRIFFEY 1225 HALL WAY WARRENSVILLE HEIGHTS, OH 44128
  50. UMMONS E-FILE COPY COST
  51. UMMONS E-FILE COPY COST
  52. UMMONS E-FILE COPY COST
  53. UMMONS E-FILE COPY COST
  54. UMMONS E-FILE COPY COST
  55. RIT FEE
  56. RIT FEE
  57. RIT FEE
  58. RIT FEE
  59. RIT FEE
  60. 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
  61. AGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  62. 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
  63. UDGE JOHN J RUSSO ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE MICHAEL J RUSSO
  64. UDGE JOHN J RUSSO ASSIGNED (RANDOM)
  65. PECIAL PROJECTS FUND FEE
  66. EGAL RESEARCH
  67. EGAL NEWS
  68. LEGAL AID
  69. COMPUTER FEE
  70. CLERK'S FEE
  71. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  72. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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