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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-02-09
Status INACTIVE
Type Partition
Docket 178 entries

Parties

Plaintiff Estate Of Creusa V. Zmijewski C/o Robert E. Dintaman, Fiduciary
Defendant Zmijewski Family Trust C/o Walter Bethke, Trustee|Walter Bethke|Carlyle Condominiums C/o Kaman & Cusimano, Llc|Ranta Valenca|Marcelo Velenca|Cuyahoga County Treasurer|John And Jane Does 1 10 Representing Yet Or Otherwise Unidentified Heirs Beneficiaries Or Interested Parties Of The Estate Of Creusa Zmiljewski Or Zmijewski Family Trust|12900 Lake Avenue Condominium Association
Photo of Hon. STEVEN E GALL

Judge

Hon. STEVEN E GALL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. ERTIFIED MAIL RECEIPT NO. 56052174 RETURNED 2/12/2025 FAILURE OF SERVICE ON DEFENDANT ZMIJEWSKI FAMILY TRUST - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  3. UDGMENT DEBTOR NOTICE(56052174) SENT BY CERTIFIED MAIL. TO: ZMIJEWSKI FAMILY TRUST C/O WALTER BETHKE, TRUSTEE 7365 WALTER ROAD HUDSON, OH 44236-0000
  4. RIT FEE
  5. HERIFF'S SUPPLEMENTAL RETURN: SHERIFF TO HOLD FOR FURTHER ORDER OF THE COURT PAID: 12900 LKE AVE. CONDOMINIUM ASSOC. $24,920.85 BALANCE TO CLERK $100,340.30
  6. EPOSIT AMOUNT PAID SHERIFF
  7. LERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $100,340.30
  8. EGULAR MAIL SERVICE RECEIPT NO. 54892126 RETURNED 10/08/2024 FAILURE OF SERVICE ON DEFENDANT BETHKE/WALTER / INSUFFICIENT ADDRESS NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  9. UDGMENT ENTRY(54892128) SENT BY REGULAR MAIL SERVICE. TO: ZMIJEWSKI FAMILY TRUST C/O WALTER BETHKE, TRUSTEE 7365 WALTER ROAD HUDSON, OH 44236-0000
  10. UDGMENT ENTRY(54892126) SENT BY REGULAR MAIL SERVICE. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  11. UDGMENT ENTRY(54892125) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  12. UDGMENT ENTRY(54892124) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  13. UDGMENT ENTRY(54892123) SENT BY EMAIL. TO: ROBERT E DINTAMAN [email protected]
  14. UDGMENT ENTRY(54892122) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  15. EFENDANT/CROSS-CLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION'S MOTION FOR SUPPLEMENTAL DISTRIBUTION IS GRANTED IN PART. ORDER SEE JOURNAL. NOTICE ISSUED
  16. OTION HEARING SET FOR 09/16/2024 AT 11:30 AM. IN-PERSON HEARING ON DEFENDANT/CROSS-CLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION'S MOTION FOR SUPPLEMENTAL DISTRIBUTION. COUNSEL FOR THE DEFENDANT/CROSS-CLAIMANT AND THE DEFENDANT/CROSS-CLAIMANT'S ATTORNEY FEE WITNESS ARE REQUIRED TO APPEAR; ALL OTHER PARTIES AND COUNSEL OF RECORD MAY APPEAR, IF DESIRED. THE FAILURE TO APPEAR OF ANY INDIVIDUALS REQUIRED TO ATTEND THE HEARING WILL RESULT IN THE DENIAL OF THE DEFENDANT/CROSS-CLAIMANT'S MOTION AND MAY CAUSE THE DEFENDANT/CROSS-CLAIMANT TO WAIVE THEIR ENTITLEMENT TO A SUPPLEMENTAL DISTRIBUTION FROM THE SALE PROCEEDS IN THIS CASE. THE MAGISTRATE WILL HEAR TESTIMONY AND TAKE EVIDENCE REGARDING THE BASIS OF THE DEFENDANT/CROSS-CLAIMANT'S REQUEST FOR A SUPPLEMENTAL DISTRIBUTION, AS WELL AS THE REASONABLENESS OF ANY ATTORNEY FEES INCLUDED IN ITS REQUEST. NOTICE ISSUED
  17. EGULAR MAIL SERVICE RECEIPT NO. 54154673 RETURNED 08/08/2024 FAILURE OF SERVICE ON DEFENDANT BETHKE/WALTER / NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  18. ASE REFUND TO KAMAN & CUSIMANO, LLC.
  19. EFUND BALANCE OF CASE COST DEPOSIT TO ROBERT E DINTAMAN
  20. EPOSIT AMOUNT PAID SHERIFF
  21. EPOSIT REQUIRED FOR COURT COST TO CLERK $1,057.50 SHERIFF
  22. OTICE FILED BY D3 CARLYLE CONDOMINIUMS ATTORNEY SHANNON M. MCCORMICK 0084855 NOTICE OF SUBMISSION OF PROPOSED JUDGMENT ENTRY
  23. OTION FILED FOR D3 CARLYLE CONDOMINIUMS SHANNON M. MCCORMICK 0084855 MOTION FOR SUPPLEMENTAL DISTRIBUTION 09/24/2024 - GRANTED IN PART
  24. O COURT: 08/01/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: BBNC INVESTMENTS LLC ........................................................................................... FOR $133,100.00 DATE OF SALE 05/28/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  25. UDGMENT ENTRY(54154673) SENT BY REGULAR MAIL SERVICE. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  26. UDGMENT ENTRY(54154672) SENT BY REGULAR MAIL SERVICE. TO: ZMIJEWSKI FAMILY TRUST C/O WALTER BETHKE, TRUSTEE 7365 WALTER ROAD HUDSON, OH 44236-0000
  27. UDGMENT ENTRY(54154670) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  28. UDGMENT ENTRY(54154669) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  29. UDGMENT ENTRY(54154668) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  30. UDGMENT ENTRY(54154667) SENT BY EMAIL. TO: ROBERT E DINTAMAN [email protected]
  31. ECREE OF CONFIRMATION (Parcel(s) #31208900D) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO BBNC INVESTMENTS LLC A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  32. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $626.00 PREPAID TO LEGAL NEWS.
  33. OS ORDER OF SALE RETURNED 5/30/2024, SOLD DATE 5/28/2024 SOLD TO: BBNC INVESTMENTS LLC FOR $133,100.00
  34. OTICE FILED BY D3 CARLYLE CONDOMINIUMS ATTORNEY SHANNON M. MCCORMICK 0084855 NOTICE OF SHERIFF SALE
  35. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/28/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/28/2024 IT WILL BE RE-OFFERED ON 06/10/2024 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: CHRISTOPHER J LOFTUS, APPRAISAL COST: $53 REGULAR FEE AND MILEAGE. JOHN F LENEHAN, APPRAISAL COST: $50 REGULAR FEE. STANLEY R PATRISKI, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-974972 DATED THIS 23rd DAY OF APRIL, 2024 NOTICE ISSUED NOTICE ISSUED
  36. OS LAND APPRAISAL FILED
  37. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 312-08-900D
  38. EAL AUCTION
  39. EPOSIT AMOUNT PAID JILLIAN HENZLER
  40. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  41. EGISTERED MAIL SERVICE RECEIPT NO. RR313419559US RETURNED 03/04/2024 FAILURE OF SERVICE ON DEFENDANT VELENCA/MARCELO/ RETURN TO SENDER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  42. EGISTERED MAIL SERVICE RECEIPT NO. RR313419545US RETURNED 03/04/2024 FAILURE OF SERVICE ON DEFENDANT VALENCA/RANTA/ RETURN TO SENDER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  43. EGULAR MAIL SERVICE RECEIPT NO. 52700285 RETURNED 02/09/2024 FAILURE OF SERVICE ON DEFENDANT BETHKE/WALTER / NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  44. EGULAR MAIL SERVICE RECEIPT NO. 52532182 RETURNED 01/22/2024 FAILURE OF SERVICE ON DEFENDANT BETHKE/WALTER / NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  45. UDGMENT ENTRY(52700287) SENT BY REGULAR MAIL SERVICE. TO: ZMIJEWSKI FAMILY TRUST C/O WALTER BETHKE, TRUSTEE 7365 WALTER ROAD HUDSON, OH 44236-0000
  46. UDGMENT ENTRY(52700285) SENT BY REGULAR MAIL SERVICE. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  47. EGULAR MAIL SERVICE RECEIPT NO. 52532184 RETURNED 01/02/2024 FAILURE OF SERVICE ON DEFENDANT ZMIJEWSKI FAMILY TRUST NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  48. UDGMENT ENTRY(52700284) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  49. UDGMENT ENTRY(52700283) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  50. UDGMENT ENTRY(52700282) SENT BY EMAIL. TO: ROBERT E DINTAMAN [email protected]
  51. UDGMENT ENTRY(52700281) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  52. RDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  53. AGISTRATE'S DECISION(52532184) SENT BY REGULAR MAIL SERVICE. TO: ZMIJEWSKI FAMILY TRUST C/O WALTER BETHKE, TRUSTEE 7365 WALTER ROAD HUDSON, OH 44236-0000
  54. AGISTRATE'S DECISION(52532182) SENT BY REGULAR MAIL SERVICE. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  55. AGISTRATE'S DECISION(52532181) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  56. AGISTRATE'S DECISION(52532180) SENT BY EMAIL. TO: JILLIAN HENZLER [email protected]
  57. AGISTRATE'S DECISION(52532179) SENT BY EMAIL. TO: ROBERT E DINTAMAN [email protected]
  58. AGISTRATE'S DECISION(52532178) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  59. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  60. ELEPHONE DEFAULT HEARING HELD BY MAGISTRATE ON 12/5/23. COUNSEL FOR DEFENDANT/CROSSCLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION AND DEFENDANT WALTER BETHKE ATTENDED. THE DEFENDANT DETAILED HIS EFFORTS TO RETAIN AN ATTORNEY AND REQUESTED ADDITIONAL TIME TO DO SO; THE MAGISTRATE EXPLAINED THAT THE DEFENDANT HAS HAD AMPLE TIME WHILE THIS CASE HAS BEEN PENDING TO LOCATE AN ATTORNEY AN DENIED THE DEFENDANT'S REQUEST FOR ADDITINAL TIME. FURTHER, THE DEFENDANT ATTEMPTED TO RAISE ISSUES CONCERNING SERVICE, ALTHOUGH THOSE ISSUES WERE NOT PROPERLY BEFORE THE COURT. DEFENDANT/CROSSCLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS OF THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  61. ELEPHONE DEFAULT HEARING SET FOR 12/05/2023 AT 11:30 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  62. ELEPHONE DEFAULT HEARING NOT HELD BY MAGISTRATE ON 11/17/23. COUNSEL FOR DEFENDANT/CROSSCLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION AND DEFENDANT WALTER BETHKE ATTENDED. AS THE DEFENDANT/CROSSCLAIMANT FAILED TO PROVIDE NOTICE OF THE HEARING PURSUANT TO THE COURT'S 10/10/23 SCHEDULING ORDER, THE HEARING ON THE DEFENDANT/CROSSCLAIMANT'S MOTION FOR DEFAULT JUDGMENT WILL BE RE-SCHEDULED BY SEPARATE ORDER. FAILURE TO PROVIDE NOTICE OF THE RE-SCHEDULED HEARING WILL RESULT IN DENIAL OF THE DEFENDANT/CROSSCLAIMANT'S MOTION FOR DEFAULT JUDGMENT AND DISMISSAL OF THE CROSSCLAIM WITHOUT PREJUDICE. NOTICE ISSUED
  63. OTICE FILED BY DEFENDANT(S) CARLYLE CONDOMINIUMS(D3) and 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION(D8) ATTORNEY JILLIAN HENZLER 0089048 NOTICE OF HEARING ON MOTION FOR DEFAULT JUDGMENT
  64. ELEPHONE DEFAULT HEARING SET FOR 11/17/2023 AT 09:30 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  65. EFENDANT/CROSSCLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION'S MOTION TO DISMISS PARTY DEFENDANTS IS GRANTED. THE CROSSCLAIM IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDANTS JOHN AND JANE DOES 1-10 REPRESENTING YET OR OTHERWISE UNIDENTIFIED HEIRS, BENEFICIARIES OR INTERESTED PARTIES OF THE ESTATE OF CREUSA ZMIJEWSKI OR ZMIJEWSKI FAMILY TRUST ONLY. (PARTIAL) NOTICE ISSUED
  66. ELEPHONE DEFAULT HEARING SCHEDULED FOR 11/14/2023 AT 10:15 AM IS CANCELLED.
  67. ERTIFIED MAIL RECEIPT NO. 50683762 RETURNED 07/24/2023 FAILURE OF SERVICE ON DEFENDANT ZMIJEWSKI FAMILY TRUST - NOT DELIVRBL AS ADDR NOTICE MAILED TO DEFENDANT(S) ATTORNEY
  68. ERTIFIED MAIL RECEIPT NO. 50683761 RETURNED 07/24/2023 FAILURE OF SERVICE ON DEFENDANT BETHKE/WALTER / - NOT DELIVRBL AS ADDR NOTICE MAILED TO DEFENDANT(S) ATTORNEY
  69. ELEPHONE DEFAULT HEARING SET FOR 11/14/2023 AT 10:15 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  70. OTION FILED FOR D3 CARLYLE CONDOMINIUMS JILLIAN HENZLER 0089048 MOTION TO DISMISS PARTY DEFENDANTS 10/10/2023 - GRANTED
  71. NOTICE FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ATTORNEY ROBERT E DINTAMAN 0069555 NOTICE OF FILING OF AFFIDAVIT REGARDING MILITARY STATUS
  72. NOTICE FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ATTORNEY ROBERT E DINTAMAN 0069555 PLAINTIFF'S NOTICE OF SERVICE OF DEFAULT HEARING ON DEFENDANTS
  73. NOTICE FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ATTORNEY ROBERT E DINTAMAN 0069555 NOTICE OF SERVICE OF PROPOSALS TO RESOLVE MATTER ON WALTER BETHKE AND THE ZMIJEWKI FAMILY TRUST, CO WALTER BETHKE, TRUSTEE
  74. NOTICE FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ATTORNEY ROBERT E DINTAMAN 0069555 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  75. NOTICE FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ATTORNEY ROBERT E DINTAMAN 0069555 NOTICE OF FILING OF UPDATED PRELIMINARY JUDICIAL REPORT
  76. TELEPHONE DEFAULT HEARING SET FOR 07/21/2023 AT 09:30 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  77. TELEPHONE DEFAULT HEARING NOT HELD BY MAGISTRATE ON 6/5/23, AS PLAINTIFF FAILED TO SUBMIT A COMPLETE COPY OF THE PRELIMINARY JUDICIAL REPORT IN THIS CASE. PLAINTIFF'S COUNSEL, COUNSEL FOR DEFENDANT/CROSS-CLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION, AND DEFENDANT WALTER BETHKE ATTENDED. PLAINTIFF'S COUNSEL ADVISED THE COURT THAT HIS CLIENT IS WILLING TO ENTER INTO A SALE OF THE PROPERTY AT ISSUE AND IS SEEKING COOPERATION FROM DEFENDANT WALTER BETHKE. THE PARTIES WILL CONVENE FOR AN INDEPENDENT TELEPHONE DISCUSSION REGARDING A POTENTIAL SALE ON 6/8/23. THE HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT WILL BE CONTINUED BY SEPARATE ORDER. PLAINTIFF IS ALSO ORDERED TO SUBMIT, ON OR BEFORE 7/21/23, A COMPLETE COPY OF ITS PRELIMINARY JUDICIAL REPORT AND UPDATED TITLEWORK (PURSUANT TO LOC.R. 24(B)). ANY ITEMS REQUIRED BY THIS ORDER MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  78. USPS RECEIPT NO. 50683763 DELIVERED BY USPS 05/26/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 05/31/2023.
  79. USPS RECEIPT NO. 50683760 DELIVERED BY USPS 05/25/2023 ESTATE OF CREUSA V. ZMIJEWSKI PROCESSED BY COC 05/31/2023.
  80. SUMS CROSS-COMPLNT(50683763) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER C/O JUDITH MILES ESQ 310 LAKESIDE AVE SUITE 300 CLEVELAND, OH 44113-0000
  81. SUMS CROSS-COMPLNT(50683762) SENT BY CERTIFIED MAIL. TO: ZMIJEWSKI FAMILY TRUST P.O. BOX 644 LAKEWOOD, OH 44107
  82. SUMS CROSS-COMPLNT(50683761) SENT BY CERTIFIED MAIL. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  83. SUMS CROSS-COMPLNT(50683760) SENT BY CERTIFIED MAIL. TO: ESTATE OF CREUSA V. ZMIJEWSKI 14837 DETROIT AVE LAKEWOOD, OH 44107-0000
  84. SUMMONS E-FILE COPY COST
  85. SUMMONS E-FILE COPY COST
  86. SUMMONS E-FILE COPY COST
  87. SUMMONS E-FILE COPY COST
  88. WRIT FEE
  89. WRIT FEE
  90. WRIT FEE
  91. WRIT FEE
  92. REGISTERED MAIL SERVICE NUMBER 49760354 ADDRESSED TO RANTA VALENCA(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 90 DAYS. POSTAGE AMOUNT: $1 YEAR. NOTICE MAILED TO 0.00. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  93. REGISTERED MAIL SERVICE NUMBER 49760355 ADDRESSED TO MARCELO VELENCA(D5) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 90 DAYS. POSTAGE AMOUNT: $1 YEAR. NOTICE MAILED TO 0.00. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  94. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  95. AFTER REVIEWING SUBSTITUTE DEFENDANT/CROSSCLAIMANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION'S MOTION TO DISMISS DEFENDANTS, PLAINTIFF'S BRIEF IN OPPOSITION TO THE SUBSTITUTE DEFENDANT/CROSSCLAIMANT'S MOTION, THE SUBSTITUTE DEFENDANT/CROSSCLAIMANT'S REPLY, AND THE COMPLAINT, THE SUBSTITUTE DEFENDANT/CROSSCLAIMANT'S MOTION TO DISMISS DEFENDANTS IS GRANTED. DEFENDANTS MARCELO VALENCA AND RENATA VALENCA DO NOT HAVE A CURRENT, COGNIZABLE INTEREST IN THE PROPERTY AT ISSUE, BEING NEITHER NAMED BENEFICIARIES OF THE TRUST THAT HOLDS TITLE TO THE PROPERTY AT ISSUE, NOR SUCCESSOR TRUSTEES OF SAID TRUST. AS THE DEFENDANTS HOLD NO INTEREST IN THE PROPERTY AT ISSUE, THE DEFENDANTS ARE UNNECESSARY PARTIES TO THIS CASE. THE COMPLAINT IS, THEREFORE, DISMISSED WITHOUT PREJUDICE AS TO DEFENDANTS MARCELO VALENCA AND RENATA VALENCA ONLY. (PARTIAL) NOTICE ISSUED
  96. NOTICE FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ATTORNEY ROBERT E DINTAMAN 0069555 NOTICE OF DEFAULT HEARING TO DEFENDANTS WALTER BETHKE AND THE ZMIJEWSKI FAMILY TRUST
  97. TELEPHONE DEFAULT HEARING SET FOR 06/05/2023 AT 09:30 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  98. MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS WALTER BETHKE AND THE ZMIJEWSKI FAMILY TRUST, CO WALTER BETHKE, TRUSTEE 08/14/2023 - DENIED AS MOOT
  99. SUMS COMPLAINT(50084039) SENT BY REGULAR MAIL SERVICE. TO: ZMIJEWSKI FAMILY TRUST P.O. BOX 644 LAKEWOOD, OH 44107 ANSWER DATE: 04/11/2023
  100. SUMS COMPLAINT(50084038) SENT BY REGULAR MAIL SERVICE. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107 ANSWER DATE: 04/11/2023
  101. SUMMONS E-FILE COPY COST
  102. SUMMONS E-FILE COPY COST
  103. WRIT FEE
  104. WRIT FEE
  105. OBJECTION FILED BY D8 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION ATTORNEY JILLIAN HENZLER 0089048 DEFENDANT 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION'S REPLY TO PLAINTIFF'S BRIEF ON OPPOSITION
  106. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR ORDINARY MAIL SERVICE DEFENDANT WALTER BETHKE AND ZMIJEWSKI FAMILY TURST
  107. BRIEF IN OPPOSITION FILED BY P1 ESTATE OF CREUSA V. ZMIJEWSKI ROBERT E DINTAMAN 0069555 PLAINTIFF'S BRIEF IN OPPOSITION TO MOTION TO DISMISS
  108. DEFENDANT THE CARLYLE CONDOMINIUMS'S MOTION TO SUBSTITUTE DEFENDANT IS GRANTED. "12900 LAKE AVENUE CONDOMINIUM ASSOCIATION" IS SUBSTITUTED IN PLACE OF ORIGINALLY-NAMED DEFENDANT THE CARLYLE CONDOMINIUMS. NOTICE ISSUED
  109. ANSWER FILED BY D6 CUYAHOGA COUNTY TREASURER ATTORNEY JUDITH MILES 0081006 CUYAHOGA COUNTY TREASURER
  110. CERTIFIED MAIL RECEIPT NO. 49760352 RETURNED 3/2/2023 FAILURE OF SERVICE ON DEFENDANT BETHKE/WALTER / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  111. CERTIFIED MAIL RECEIPT NO. 49760351 RETURNED 3/2/2023 FAILURE OF SERVICE ON DEFENDANT ZMIJEWSKI FAMILY TRUST - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  112. MOTION TO DISMISS FILED MOTION TO DISMISS DEFENDANTS 05/15/2023 - GRANTED
  113. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 2/9/23, 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
  114. USPS RECEIPT NO. 49760353 DELIVERED BY USPS 02/14/2023 CARLYLE CONDOMINIUMS PROCESSED BY COC 02/22/2023.
  115. NOTICE FILED BY D3 CARLYLE CONDOMINIUMS ATTORNEY JILLIAN HENZLER 0089048 NOTICE OF FILING PRELIMINARY JUDICIAL REPORT
  116. DEPOSIT AMOUNT PAID JILLIAN HENZLER
  117. ANSWER AND CROSSCLAIM $75 ANSWER AND CROSSCLAIM OF DEFENDANT, 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION
  118. MOTION FILED FOR D3 CARLYLE CONDOMINIUMS JILLIAN HENZLER 0089048 MOTION TO SUBSTITUTE DEFENDANT 03/03/2023 - GRANTED
  119. SUMS COMPLAINT(49760355) SENT BY REGISTERED MAIL SERVICE, TO: MARCELO VELENCA AVENIDA BRIGADEIRO FARIA LIMA 4.509 SALA 841-SAO PAULA/SP/BRAIZIL 04538 SAO PAULA SP, AE 00000
  120. SUMS COMPLAINT(49760354) SENT BY REGISTERED MAIL SERVICE, TO: RANTA VALENCA AVENIDA BRIGADEIRO FARIA LIMA 4.509 SALA 841-SAO PAULA/SP/BRAIZIL SAO PAULA SP, AA 04538
  121. USPS RECEIPT NO. 49760356 DELIVERED BY USPS 02/12/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 02/15/2023.
  122. SUMS COMPLAINT(49760356) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 EAST NINTH ST P O BOX 94547 CLEVELAND, OH 44115-0000
  123. SUMS COMPLAINT(49760353) SENT BY CERTIFIED MAIL. TO: CARLYLE CONDOMINIUMS TERMINAL TOWER 50 PUBLIC SQUARE, SUITE 2000 CLEVELAND, OH 44113
  124. SUMS COMPLAINT(49760352) SENT BY CERTIFIED MAIL. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  125. SUMS COMPLAINT(49760351) SENT BY CERTIFIED MAIL. TO: ZMIJEWSKI FAMILY TRUST P.O. BOX 644 LAKEWOOD, OH 44107
  126. SUMMONS E-FILE COPY COST
  127. SUMMONS E-FILE COPY COST
  128. SUMMONS E-FILE COPY COST
  129. SUMMONS E-FILE COPY COST
  130. SUMMONS E-FILE COPY COST
  131. WRIT FEE
  132. WRIT FEE
  133. WRIT FEE
  134. WRIT FEE
  135. WRIT FEE
  136. SUMMONS E-FILE COPY COST
  137. WRIT FEE
  138. MAGISTRATE CHRISTOPHER DAY ASSIGNED (RANDOM)
  139. 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. NOTICE ISSUED
  140. JUDGE STEVEN E GALL ASSIGNED (RANDOM)
  141. LEGAL RESEARCH
  142. LEGAL NEWS
  143. LEGAL AID
  144. COURT SPECIAL PROJECTS FUND
  145. COMPUTER FEE
  146. CLERK'S FEE
  147. DEPOSIT AMOUNT PAID ROBERT E DINTAMAN
  148. NSWER AND CROSSCLAIM $75 ANSWER AND CROSSCLAIM OF DEFENDANT, 12900 LAKE AVENUE CONDOMINIUM ASSOCIATION
  149. OTION FILED FOR D3 CARLYLE CONDOMINIUMS JILLIAN HENZLER 0089048 MOTION TO SUBSTITUTE DEFENDANT 03/03/2023 - GRANTED
  150. UMS COMPLAINT(49760355) SENT BY REGISTERED MAIL SERVICE, TO: MARCELO VELENCA AVENIDA BRIGADEIRO FARIA LIMA 4.509 SALA 841-SAO PAULA/SP/BRAIZIL 04538 SAO PAULA SP, AE 00000
  151. UMS COMPLAINT(49760354) SENT BY REGISTERED MAIL SERVICE, TO: RANTA VALENCA AVENIDA BRIGADEIRO FARIA LIMA 4.509 SALA 841-SAO PAULA/SP/BRAIZIL SAO PAULA SP, AA 04538
  152. SPS RECEIPT NO. 49760356 DELIVERED BY USPS 02/12/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 02/15/2023.
  153. UMS COMPLAINT(49760356) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 EAST NINTH ST P O BOX 94547 CLEVELAND, OH 44115-0000
  154. UMS COMPLAINT(49760353) SENT BY CERTIFIED MAIL. TO: CARLYLE CONDOMINIUMS TERMINAL TOWER 50 PUBLIC SQUARE, SUITE 2000 CLEVELAND, OH 44113
  155. UMS COMPLAINT(49760352) SENT BY CERTIFIED MAIL. TO: WALTER BETHKE P.O. BOX 644 LAKEWOOD, OH 44107
  156. UMS COMPLAINT(49760351) SENT BY CERTIFIED MAIL. TO: ZMIJEWSKI FAMILY TRUST P.O. BOX 644 LAKEWOOD, OH 44107
  157. UMMONS E-FILE COPY COST
  158. UMMONS E-FILE COPY COST
  159. UMMONS E-FILE COPY COST
  160. UMMONS E-FILE COPY COST
  161. UMMONS E-FILE COPY COST
  162. RIT FEE
  163. RIT FEE
  164. RIT FEE
  165. RIT FEE
  166. RIT FEE
  167. UMMONS E-FILE COPY COST
  168. RIT FEE
  169. AGISTRATE CHRISTOPHER DAY ASSIGNED (RANDOM)
  170. 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. NOTICE ISSUED
  171. UDGE STEVEN E GALL ASSIGNED (RANDOM)
  172. EGAL RESEARCH
  173. EGAL NEWS
  174. EGAL AID
  175. OURT SPECIAL PROJECTS FUND
  176. OMPUTER FEE
  177. LERK'S FEE
  178. EPOSIT AMOUNT PAID ROBERT E DINTAMAN

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