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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-01-26
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 123 entries

Parties

Plaintiff Wells Fargo Bank, N.a.|U.s. Bank Trust National Association Not In Its Individual Capacity But Solely As Owner Trustee For Rcaf Acquisition Trust
Defendant Daryl Joel Lawson, Unknown Heirs Etc. Aka Daryl J. Lawson's Unknown Heirs, Devisees Legatees, And Assigns, If Any|Christine Lawson|Unk. Spouse If Any Of Christine Lawson Aka Christine Louise Gruber|Wells Fargo Bank N.a. Junior Mortgage Division
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 W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. ERTIFICATE OF TITLE $768.00 PAY TO WELLS FARGO BANK NA
  3. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/15/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/15/2025 IT WILL BE RE-OFFERED ON 09/29/2025 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: JOHN F LENEHAN, APPRAISAL COST: $52.07 REGULAR FEE AND MILEAGE. EDWARD D HORTON, APPRAISAL COST: $50 REGULAR FEE. CRYSTAL A WILLIAMS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-974342 DATED THIS 12th DAY OF AUGUST, 2025 NOTICE ISSUED NOTICE ISSUED
  4. OS LAND APPRAISAL FILED
  5. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 232-29-097
  6. EPOSIT AMOUNT PAID F. PETER COSTELLO
  7. RAECIPE FOR ORDER OF SALE $600 PRAECIPE
  8. UDGMENT ENTRY(57197905) SENT BY REGULAR MAIL SERVICE. TO: WELLS FARGO BANK N.A. JUNIOR MORTGAGE DIVISION 101 N. PHILLIPS AVENUE SIOUX FALLS, SD 57104
  9. UDGMENT ENTRY(57197903) SENT BY REGULAR MAIL SERVICE. TO: CHRISTINE LAWSON 100 MONTVIEW DRIVE MEDINA, OH 44256-0000
  10. UDGMENT ENTRY(57197901) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  11. UDGMENT ENTRY(57197900) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  12. UDGMENT ENTRY(57197899) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  13. UDGMENT ENTRY(57197898) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  14. UDGMENT ENTRY(57197897) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  15. RDER ADOPTING THE MAGISTRATE'S DECISION. O.S.J. 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
  16. AGISTRATE'S DECISION(56699056) SENT BY REGULAR MAIL SERVICE. TO: CHRISTINE LAWSON 100 MONTVIEW DRIVE MEDINA, OH 44256-0000
  17. AGISTRATE'S DECISION(56699054) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  18. AGISTRATE'S DECISION(56699053) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  19. AGISTRATE'S DECISION(56699052) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  20. AGISTRATE'S DECISION(56699051) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  21. AGISTRATE'S DECISION(56699050) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  22. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW (IN-REM NUNC PRO TUNC) FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  23. LAINTIFF'S MOTION TO AMEND OR CORRECT JUDGMENT IS UNOPPOSED AND GRANTED. THE MAGISTRATE'S DECISION ISSUED ON 05/08/23 IS HEREBY WITHDRAWN. THE JUDGMENT ENTRY JOURNALIZED ON 05/31/23 IS HEREBY VACATED. AN AMENDED MAGISTRATE'S DECISION IS ORDERED TO BE ISSUED FORTHWITH. NOTICE ISSUED
  24. OTION HEARING SET FOR 03/04/2025 AT 11:00 AM. THIS HEARING IS SET ON PLAINTIFF'S MOTION TO AMEND THE JUDGMENT. NOTICE ISSUED
  25. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY ANTONIO J SCARLATO 0073329 NOTICE OF FILING OF PROPOSED CORRECTED ORDER ADOPTING MAGISTRATE'S DECISION FOR FORECLOSURE IN REM NUNC PRO TUNC
  26. OTION FILED FOR P1 WELLS FARGO BANK, N.A. ANTONIO J SCARLATO 0073329 MOTION TO AMEND OR CORRECT JUDGMENT NUNC PRO TUNC
  27. EPOSIT AMOUNT PAID MARK R LEMBRIGHT
  28. RAECIPE FOR ORDER OF SALE $600 FIRST PLURIES ORDER OF SALE
  29. LAINTIFF'S MOTION TO CANCEL PRAECIPE FOR ORDER OF SALE IS UNOPPOSED AND GRANTED. NOTICE ISSUED
  30. OTION FILED FOR P1 WELLS FARGO BANK, N.A. MARK R LEMBRIGHT 0041545 MOTION TO CANCEL PRAECIPE FOR ORDER OF SALE 05/31/2024 - UNOPPOSED AND GRANTED
  31. EPOSIT AMOUNT PAID F. PETER COSTELLO
  32. RAECIPE FOR ORDER OF SALE $600 PRAECIPE
  33. LAINTIFF'S MOTION TO SUBSTITUTE PLAINTIFF IS UNOPPOSED AND GRANTED. THE CLERK IS ORDERED TO LIST " U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST", WHOSE MAILING ADDRESS IS 3501 OLYMPUS BLVD., STE. 500, DALLAS, TX 75019, FOR WELLS FARGO BANK, N.A. CASE CAPTION AND ATTORNEY INFORMATION TO REMAIN THE SAME. NOTICE ISSUED
  34. OTION FILED FOR P1 WELLS FARGO BANK, N.A. MARK R LEMBRIGHT 0041545 PLAINTIFF'S MOTION TO SUBSTITUTE U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPCAITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST AS PLAINTIFF 04/24/2024 - UNOPPOSED AND GRANTED
  35. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY MARK R LEMBRIGHT 0041545 PLAINTIFF'S NOTICE OF FILING ASSIGNMENT OF JUDGMENT
  36. LAINTIFF'S MOTION TO RETURN THE ORDER OF SALE WITHOUT EXECUTION IS UNOPPOSED AND GRANTED. THE SHERIFF IS ORDERED TO RETURN THE ORDER OF SALE WITHOUT EXECUTION. NOTICE ISSUED
  37. OTION FILED FOR P1 WELLS FARGO BANK, N.A. MARK R LEMBRIGHT 0041545 MOTION TO CANCEL PRAECIPE FOR ORDER OF SALE 07/17/2023 - UNOPPOSED AND GRANTED
  38. EAL AUCTION
  39. EPOSIT AMOUNT PAID MARK R LEMBRIGHT
  40. RAECIPE FOR ORDER OF SALE $820 PRAECIPE ORDER OF SALE
  41. UDGMENT ENTRY(50759420) SENT BY REGULAR MAIL SERVICE. TO: WELLS FARGO BANK N.A. JUNIOR MORTGAGE DIVISION 101 N. PHILLIPS AVENUE SIOUX FALLS, SD 57104
  42. UDGMENT ENTRY(50759419) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF CHRISTINE LAWSON 4053 CANTERBURY ROAD NORTH OLMSTED, OH 44070
  43. UDGMENT ENTRY(50759418) SENT BY REGULAR MAIL SERVICE. TO: CHRISTINE LAWSON 100 MONTVIEW DRIVE MEDINA, OH 44256-0000
  44. UDGMENT ENTRY(50759416) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  45. UDGMENT ENTRY(50759415) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  46. UDGMENT ENTRY(50759414) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  47. UDGMENT ENTRY(50759413) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  48. UDGMENT ENTRY(50759412) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  49. RDER ADOPTING THE MAGISTRATE'S DECISION. O.S.J. 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
  50. AGISTRATE'S DECISION(50563984) SENT BY REGULAR MAIL SERVICE. TO: CHRISTINE LAWSON 100 MONTVIEW DRIVE MEDINA, OH 44256-0000
  51. AGISTRATE'S DECISION(50563983) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF CHRISTINE LAWSON 4053 CANTERBURY ROAD NORTH OLMSTED, OH 44070
  52. AGISTRATE'S DECISION(50563982) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  53. AGISTRATE'S DECISION(50563981) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  54. AGISTRATE'S DECISION(50563980) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  55. AGISTRATE'S DECISION(50563979) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  56. AGISTRATE'S DECISION(50563978) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  57. AGISTRATE'S DECISION FOR FORECLOSURE IN REM
  58. OTION TO APPEAR BY PHONE FOR HEARING ON MAY 2, 2023, IS GRANTED. NOTICE ISSUED
  59. EFAULT HEARING HELD BY MAGISTRATE. ATTORNEY FOR PLAINTIFF APPEARED. DEFENDANTS FAILED TO APPEAR. MAGISTRATE'S DECISION TO ISSUE FORTHWITH. NOTICE ISSUED
  60. OTION FILED FOR P1 WELLS FARGO BANK, N.A. F. PETER COSTELLO 0076112 MOTION TO APPEAR BY PHONE FOR HEARING ON MAY 2, 2023 05/02/2023 - UNOPPOSED AND GRANTED
  61. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF HEARING
  62. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/02/2023 AT 10:00AM BEFORE MAGISTRATE AMY R 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
  63. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF FILING OF PROPOSED ORDER ADOPTING MAGISTRATE'S DECISION FOR FORECLOSURE IN REM
  64. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF FILING OF PROPOSED MAGISTRATE'S DECISION FOR FORECLOSURE IN REM
  65. FFIDAVIT FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 AFFIDAVIT OF F. PETER COSTELLO, ESQ.
  66. FFIDAVIT FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 AFFIDAVIT AS TO MILITARY SERVICE
  67. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 PLAINTIFF'S NOTICE OF DISMISSAL
  68. OTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF FILING OF THE FINAL JUDICIAL REPORT
  69. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 05/02/2023 - UNOPPOSED AND GRANTED
  70. ON 02/10/2023 THE WITHIN NAMED LAWSON/CHRISTINE/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  71. ON 02/10/2023 THE WITHIN NAMED UNK. SPOUSE IF ANY OF CHRISTINE LAWSON WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  72. REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 01/26/23, 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
  73. ON 02/18/2023 I SERVED THE WITHIN NAMED LAWSON/CHRISTINE/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  74. ON 02/18/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE IF ANY OF CHRISTINE LAWSON BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  75. ON 02/10/2023 THE WITHIN NAMED LAWSON/CHRISTINE/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  76. ON 02/10/2023 THE WITHIN NAMED UNK. SPOUSE IF ANY OF CHRISTINE LAWSON WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  77. SPS RECEIPT NO. 49659656 DELIVERED BY USPS 02/06/2023 WELLS FARGO BANK N.A. JUNIOR MORTGAGE DIVISION PROCESSED BY COC 02/15/2023.
  78. SPS RECEIPT NO. 49659657 DELIVERED BY USPS 02/03/2023 WELLS FARGO BANK N.A. JUNIOR MORTGAGE DIVISION PROCESSED BY COC 02/08/2023.
  79. SPS RECEIPT NO. 49659653 DELIVERED BY USPS 02/02/2023 LAWSON/CHRISTINE/ PROCESSED BY COC 02/08/2023.
  80. SPS RECEIPT NO. 49659655 DELIVERED BY USPS 02/02/2023 UNK. SPOUSE IF ANY OF CHRISTINE LAWSON PROCESSED BY COC 02/08/2023.
  81. ERTIFIED MAIL RECEIPT NO. 49659654 RETURNED 2/2/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF CHRISTINE LAWSON - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  82. ERTIFIED MAIL RECEIPT NO. 49659652 RETURNED 2/2/2023 FAILURE OF SERVICE ON DEFENDANT LAWSON/CHRISTINE/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  83. UMS COMPLAINT(49659657) SENT BY CERTIFIED MAIL. TO: WELLS FARGO BANK N.A. JUNIOR MORTGAGE DIVISION 420 MONTGOMERY STREET SAN FRANCISCO, CA 94104-0000
  84. UMS COMPLAINT(49659656) SENT BY CERTIFIED MAIL. TO: WELLS FARGO BANK N.A. JUNIOR MORTGAGE DIVISION 101 N. PHILLIPS AVENUE SIOUX FALLS, SD 57104
  85. UMS COMPLAINT(49659655) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF CHRISTINE LAWSON 100 MONTVIEW DRIVE MEDINA, OH 44256-0000
  86. UMS COMPLAINT(49659654) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF CHRISTINE LAWSON 4053 CANTERBURY ROAD NORTH OLMSTED, OH 44070
  87. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  88. SPECIAL PROJECTS FUND FEE
  89. LEGAL RESEARCH
  90. LEGAL NEWS
  91. LEGAL AID
  92. COMPUTER FEE
  93. CLERK'S FEE
  94. DEPOSIT AMOUNT PAID MARK R LEMBRIGHT
  95. DEPOSIT AMOUNT PAID MARK R LEMBRIGHT
  96. RIT FEE
  97. RIT FEE
  98. RIT FEE
  99. UMMONS E-FILE COPY COST
  100. UMMONS E-FILE COPY COST
  101. UMMONS E-FILE COPY COST
  102. RIT FEE
  103. RIT FEE
  104. UMMONS E-FILE COPY COST
  105. UMMONS E-FILE COPY COST
  106. UMMONS E-FILE COPY COST
  107. UMMONS E-FILE COPY COST
  108. RIT FEE
  109. RIT FEE
  110. RIT FEE
  111. RIT FEE
  112. 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
  113. AGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  114. 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
  115. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  116. PECIAL PROJECTS FUND FEE
  117. EGAL RESEARCH
  118. EGAL NEWS
  119. EGAL AID
  120. OMPUTER FEE
  121. LERK'S FEE
  122. EPOSIT AMOUNT PAID MARK R LEMBRIGHT
  123. EPOSIT AMOUNT PAID MARK R LEMBRIGHT

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