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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-04-07
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 200 entries

Parties

Plaintiff Us Bank Na Not In Its Individual Capacity But Solely As Owner Trustee For Rcf 2 Acquisition Trust
Defendant Unknown Administrator, Executor Or Fiduciary, Unknown Heirs, Next Of Kin, Unknown Spouses, Devisees, Legatees, Creditors And Beneficiaries Of Estate Catherine Emery Aka Catherine L. Emery, Deceased|Jane Doe, Name Unknown, Unknown Occupant Tenant|Nancy J. Amata|Cuyahoga County Treasurer|Armoni Emery
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, SERVICE REQUEST, SERVICE REQUEST
  2. EPOSIT AMOUNT PAID SHERIFF
  3. EPOSIT REQUIRED FOR COURT COSTS $3,014.62 SHERIFF
  4. O COURT: 08/06/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: TGIF PROPERTIES LLC ........................................................................................... FOR $42,700.00 DATE OF SALE 01/16/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  5. EGULAR MAIL SERVICE RECEIPT NO. 54141403 RETURNED 07/09/2024 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT INSUFFICIENT ADDRESS NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  6. EGULAR MAIL SERVICE RECEIPT NO. 54141404 RETURNED 07/02/2024 FAILURE OF SERVICE ON DEFENDANT EMERY/ARMONI/ MOVED NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  7. UDGMENT ENTRY(54141404) SENT BY REGULAR MAIL SERVICE. TO: ARMONI EMERY 1517 LEHIGH AVE LORAIN, OH 44052-0000
  8. UDGMENT ENTRY(54141403) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT 3043 W 105TH ST CLEVELAND, OH 44111
  9. UDGMENT ENTRY(54141401) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  10. UDGMENT ENTRY(54141400) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  11. UDGMENT ENTRY(54141399) SENT BY EMAIL. TO: BENJAMIN M. RODRIGUEZ [email protected]
  12. UDGMENT ENTRY(54141398) SENT BY EMAIL. TO: DAVID L. VAN SLYKE [email protected]
  13. UDGMENT ENTRY(54141397) SENT BY EMAIL. TO: DAVID L. VAN SLYKE [email protected]
  14. UDGMENT ENTRY(54141396) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  15. UDGMENT ENTRY(54141395) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  16. UDGMENT ENTRY(54141394) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  17. UDGMENT ENTRY(54141393) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  18. UDGMENT ENTRY(54141392) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  19. UDGMENT ENTRY(54141391) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  20. UDGMENT ENTRY(54141390) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  21. UDGMENT ENTRY(54141389) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  22. UDGMENT ENTRY(54141388) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  23. UDGMENT ENTRY(54141387) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  24. UDGMENT ENTRY(54141386) SENT BY EMAIL. TO: MARK J VANROOY [email protected]
  25. ECREE OF CONFIRMATION (Parcel(s) #00515081) 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 TGIF PROPERTIES 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
  26. MENDED ORDER OF DISTRIBUTION. O.S.J. NOTICE ISSUED
  27. MENDED ORDER OF DISTRIBUTION. O.S.J. NOTICE ISSUED
  28. OTICE FILED BY P1 US BANK NA ATTORNEY BRIAN S JACKSON 0068516 NOTICE OF SUBMISSION OF PROPOSED AMENDED ORDER OF DISTRIBUTION
  29. HE COURT IS IN RECEIPT OF THE STIPULATION TO LIEN PRIORITY FILED IN THIS CASE. PLAINTIFF TO SUBMIT AN PROPOSED AMENDED ORDER OF DISTRIBUTION ON OR BEFORE 04/30/24. NOTICE ISSUED
  30. RIAL SCHEDULED FOR 04/29/2024 AT 09:30 AM IS CANCELLED.
  31. TIPULATION FILED BY P1 US BANK NA ATTORNEY DAVID L. VAN SLYKE 0077721 STIPULATION OF LIEN PRIORITY
  32. BJECTION FILED BY P1 US BANK NA ATTORNEY AUSTIN R. DECKER 0100918 OBJECTION TO JOURNAL ENTRY NOTICE FILED MARCH 13, 2024 AND MOTION TO STAY CONFIRMATION
  33. RIAL SET FOR 04/29/2024 AT 09:30 AM.
  34. HE TRIAL ON THE PRIORITY DISPUTE IS SET FOR 04/29/24 AT 9:30 AM WITH MAGISTRATE AMY JACKSON. THE COURT WILL CONFIRM THE SHERIFF'S SALE ON 04/12/24 IF THERE ARE NO OBJECTIONS. ANY OBJECTIONS TO CONFIRMATION, MOTIONS FOR STATUTORY ADVANCES, OR MOTIONS TO REDEEM MUST BE FILED BEFORE 04/11/24. NOTICE ISSUED
  35. EFENDANT NANCY J. AMATA'S MOTION TO CONTINUE, FILED 03/06/2024, IS GRANTED. TRIAL WILL BE RESET BY SEPARATE ORDER. NOTICE ISSUED
  36. RIAL SCHEDULED FOR 03/14/2024 AT 09:00 AM IS CANCELLED.
  37. 3 NANCY J. AMATA'S MOTION FOR CONTINUANCE MARK J VANROOY 0056284. ^F^ DEFENDANT NANCY J. AMATA'S MOTION TO CONTINUE 03/12/2024 - GRANTED
  38. RIAL SET FOR 03/14/2024 AT 09:00 AM. A TRIAL IS SET ON THE PRIORITY OF LIENS ISSUE FOR 03/14/24 AT 9:00 AM. NOTICE ISSUED
  39. LAINTIFF'S MOTION TO STAY CONFIRMATION IS GRANTED FOR 30 DAYS. AS THIS PROPERTY WAS PURCHASED BY A THIRD PARTY, A QUICK RESOLUTION OF THE LIEN DISPUTE IS NECESSARY. AS SUCH, TRIAL ON THE PRIORITY DISPUTE IS SET FOR 03/14/24 AT 9:00 AM. NOTICE ISSUED
  40. OTION FILED FOR P1 US BANK NA BRIAN S JACKSON 0068516 MOTION TO STAY CONFIRMATION OF SALE 02/25/2024 - UNOPPOSED AND GRANTED
  41. ECORDER'S FEE $2.00
  42. ERTIFICATE OF TITLE $422.50 PAY TO US BANK NA
  43. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 01/16/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 01/16/2024 IT WILL BE RE-OFFERED ON 01/29/2024 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: WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. JOHN KOZ, APPRAISAL COST: $52.89 REGULAR FEE AND MILEAGE. RUTH A LASSITER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-22-961782 DATED THIS 12th DAY OF DECEMBER, 2023 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  44. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $661.80 PREPAID TO LEGAL NEWS.
  45. OS ORDER OF SALE RETURNED 1/19/2024, SOLD DATE 1/16/2024 SOLD TO: TGIF PROPERTIES LLC FOR $42,700.00
  46. OTICE FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 NOTICE OF SALE
  47. AND APPRAISAL (OOS) FILED.
  48. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 005-15-081
  49. EAL AUCTION
  50. EPOSIT AMOUNT PAID EDWARD DELP
  51. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE BY SHERIFF
  52. LAINTIFF'S MOTION TO APPOINT PRIVATE SELLING OFFICER IS DENIED. THE CUYAHOGA COUNTY SHERIFF IS CAPABLE OF SELLING THE SUBJECT PROPERTY CHEAPLY AND EXPEDITIOUSLY, OBVIATING THE NEED FOR A PRIVATE SELLING OFFICER. PLAINTIFF MAY ORDER SALE WITH THE SHERIFF. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  53. OTION FILED FOR P1 US BANK NA EDWARD DELP 0088641 PLAINTIFF'S MOTION FOR ORDER AUTHORIZING CHRISTOPHER ROMAN AS PRIVATE SELLING OFFICER TO SELL REAL PROPERTY AT PUBLIC AUCTION 11/29/2023 - DENIED
  54. EGULAR MAIL SERVICE RECEIPT NO. 52134945 RETURNED 11/03/2023 FAILURE OF SERVICE ON DEFENDANT EMERY/ARMONI/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  55. EGULAR MAIL SERVICE RECEIPT NO. 52134943 RETURNED 11/02/2023 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT NO SUCH NUMBER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  56. OTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL AND NOTICE OF APPEARANCE
  57. UDGMENT ENTRY(52134945) SENT BY REGULAR MAIL SERVICE. TO: ARMONI EMERY 1517 LEHIGH AVE LORAIN, OH 44052-0000
  58. UDGMENT ENTRY(52134943) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT 3043 W 105TH ST CLEVELAND, OH 44111
  59. UDGMENT ENTRY(52134940) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  60. UDGMENT ENTRY(52134939) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  61. UDGMENT ENTRY(52134938) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  62. UDGMENT ENTRY(52134937) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  63. UDGMENT ENTRY(52134936) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  64. UDGMENT ENTRY(52134935) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  65. UDGMENT ENTRY(52134934) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  66. UDGMENT ENTRY(52134933) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  67. UDGMENT ENTRY(52134932) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  68. UDGMENT ENTRY(52134931) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  69. UDGMENT ENTRY(52134930) SENT BY EMAIL. TO: BENJAMIN M. RODRIGUEZ [email protected]
  70. UDGMENT ENTRY(52134929) SENT BY EMAIL. TO: DAVID L. VAN SLYKE [email protected]
  71. UDGMENT ENTRY(52134928) SENT BY EMAIL. TO: DAVID L. VAN SLYKE [email protected]
  72. UDGMENT ENTRY(52134927) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  73. UDGMENT ENTRY(52134926) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  74. UDGMENT ENTRY(52134925) SENT BY EMAIL. TO: MARK J VANROOY [email protected]
  75. 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
  76. AGISTRATE'S DECISION(52005161) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  77. AGISTRATE'S DECISION(52005160) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  78. AGISTRATE'S DECISION(52005159) SENT BY EMAIL. TO: DAVID L. VAN SLYKE [email protected]
  79. AGISTRATE'S DECISION(52005158) SENT BY EMAIL. TO: DAVID L. VAN SLYKE [email protected]
  80. AGISTRATE'S DECISION(52005157) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  81. AGISTRATE'S DECISION(52005156) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  82. AGISTRATE'S DECISION(52005155) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  83. AGISTRATE'S DECISION(52005154) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  84. AGISTRATE'S DECISION(52005153) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  85. AGISTRATE'S DECISION(52005152) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  86. AGISTRATE'S DECISION(52005151) SENT BY EMAIL. TO: MARK J VANROOY [email protected]
  87. AGISTRATE'S DECISION(52005150) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  88. AGISTRATE'S DECISION(52005149) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  89. AGISTRATE'S DECISION(52005148) SENT BY EMAIL. TO: BENJAMIN M. RODRIGUEZ [email protected]
  90. AGISTRATE'S DECISION(52005147) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  91. AGISTRATE'S DECISION(52005146) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  92. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  93. OTICE OF APPEARANCE, FILED P1 US BANK NA DAVID L. VAN SLYKE 0077721.
  94. LAINTIFF'S MOTION FOR SECOND EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, FILED 09/05/2023, IS UNOPPOSED AND GRANTED. REPLY DUE 10/06/23. NOTICE ISSUED
  95. OTION FOR EXTENSION OF TIME MOTION FOR SECOND EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 09/27/2023 - UNOPPOSED AND GRANTED
  96. OTICE FILED BY P1 US BANK NA ATTORNEY BRIAN S JACKSON 0068516 NOTICE OF FILING OF PROPOSED MAGISTRATE'S DECISION
  97. LAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE A BRIEF IN SUPPORT OF THE MSJ IS GRANTED. REPLY DUE ON OR BEFORE 09/05/23. PLAINTIFF TO SUBMIT A PROPOSED MAGISTRATE'S DECISION THAT ORDERS PLAINTIFF'S LIEN AND THE LIEN OF NANCY AMATA TO PROCEEDS TO BE ISSUED WHILE THE PRIORITY DISPUTE IS LITIGATION. PROPOSED MAGISTRATE'S DECISION DUE WITHIN 14 DAYS OF THIS ORDER. NOTICE ISSUED
  98. OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 08/16/2023 - UNOPPOSED AND GRANTED
  99. EFAULT HEARING HELD BY MAGISTRATE. SUBSTITUTE PLAINTIFF'S MOTION FOR DEFAULT IS UNOPPOSED AND GRANTED. SUBSTITUTE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT REMAINS PENDING. NOTICE ISSUED
  100. RIEF IN OPPOSITION FILED BY D3 NANCY J. AMATA MARK J VANROOY 0056284 DEFENDANT NANCY AMATA RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
  101. AFFIDAVIT FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 AFFIDAVIT OF ATTORNEY
  102. AFFIDAVIT FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 MILITARY AFFIDAVIT
  103. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 10/29/2023 - UNKNOWN
  104. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 07/25/2023 - UNOPPOSED AND GRANTED
  105. PLAINTIFF'S MOTION FOR EXTENSION OF TIME IS GRANTED. PLAINTIFF IS ORDERED TO FILE ALL NECESSARY DISPOSITIVE MOTIONS ON OR BEFORE 06/22/23. FAILURE TO COMPLY WITH THIS ORDER COULD RESULT IN THE DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  106. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTION(S) 05/30/2023 - GRANTED
  107. PLAINTIFF IS ORDERED TO FILE ALL NECESSARY DISPOSITIVE MOTIONS WITHIN 14 DAYS OF THIS ORDER. FAILURE TO COMPLY WITH THIS ORDER COULD RESULT IN THE DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  108. GENERAL PLEADING FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 RESPONSE TO NOTICE
  109. LEGAL NEWS ABSTRACT
  110. PROOF OF PUBLICATION FILED $601.80- LEGAL NEWS FEE $250.00
  111. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $351.80
  112. CERTIFIED MAIL RECEIPT NO. 49768454 RETURNED 02/15/2023 FAILURE OF SERVICE ON DEFENDANT EMERY/ARMONI/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  113. ON 02/27/2023 THE WITHIN NAMED EMERY/ARMONI/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  114. DEPOSIT AMOUNT PAID EDWARD DELP
  115. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  116. PLAINTIFF IS ORDERED TO PERFECT SERVICE ON ALL PARTIES WITHIN 30 DAYS OF THIS ORDER OR THIS CASE COULD BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  117. GENERAL PLEADING FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 RESPONSE TO ORDER TO SHOW CAUSE
  118. PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT IS DENIED. AS SET FORTH IN SUPP. R. 39, THE TIME ALLOWED FOR DISPOSITION OF A FORECLOSURE CASE IS 12 MONTHS. IF PLAINTIFF AMENDS ITS COMPLAINT NOW, THE CASE WILL EXCEED THE 12 MONTH TIME FRAME ALLOTTED. PLAINTIFF TO SHOW CAUSE, WITHIN 14 DAYS OF THIS ORDER, AS TO WHY THIS CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO NAME ALL NECESSARY PARTIES. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  119. MOTION FILED FOR P1 US BANK NA MARIA T WILLIAMS 0079972 MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT 03/20/2023 - DENIED
  120. ANSWER FILED BY D4 NANCY J. AMATA ATTORNEY MARK J VANROOY 0056284 DEFENDANT NANCY J. AMATA TO PLAINTIFF'S AMENDED COMPLAINT
  121. CERTIFIED MAIL RECEIPT NO. 49768454 RETURNED 2/15/2023 FAILURE OF SERVICE ON DEFENDANT EMERY/ARMONI/ - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  122. SUMS AMENDED COMPLNT(49788907) SENT BY SPECIAL PROCESS SERVER. TO: ARMONI EMERY 1517 LEHIGH AVE LORAIN, OH 44052-0000
  123. SUMMONS E-FILE COPY COST
  124. WRIT FEE
  125. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE BY PRIVATE PROCESS SERVER
  126. SUMS AMENDED COMPLNT(49768454) SENT BY CERTIFIED MAIL. TO: ARMONI EMERY 1517 LEHIGH AVE LORAIN, OH 44052-0000
  127. SUMMONS E-FILE COPY COST
  128. WRIT FEE
  129. DEPOSIT AMOUNT PAID MARIA T WILLIAMS
  130. AMENDED COMPLAINT $75 AMENDED COMPLAINT AND FORECLOSURE - IN REM ONLY
  131. : DEFAULT HEARING HELD BY MAGISTRATE AMY JACKSON. COUNSEL FOR PLAINTIFF APPEARED. DEFENDANTS FAILED TO APPEAR. AS PLAINTIFF FAILED TO NAME ALL NECESSARY PARTIES, PLAINTIFF'S MOTION FOR DEFAULT IS DENIED. PLAINTIFF IS GRANTED LEAVE TO AMEND THE COMPLAINT TO NAME ALL KNOWN HEIRS OF THE DECEASED PROPERTY OWNER (ONE HEIR WAS IDENTIFIED ON DEATH CERTIFICATE THAT PLAINTIFF FILED) ON OR BEFORE 02/14/23. FAILURE TO COMPLY WITH THIS ORDER COULD RESULT IN THE DISMISSAL OF THIS CASE WITHOUT PREJUDICE FOR FAILURE TO NAME ALL NECESSARY PARTIES. NOTICE ISSUED
  132. NOTICE FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 AMENDED NOTICE OF HEARING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  133. NOTICE FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 NOTICE OF HEARING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  134. DEFAULT HEARING SET FOR 01/31/2023 AT 09:15 AM. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 01/31/2023 AT 9:15AM 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
  135. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS IS MOOT AS PLAINTIFF TIMELY FILED THE MOTIONS. NOTICE ISSUED
  136. AFFIDAVIT FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 AFFIDAVIT
  137. AFFIDAVIT FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 AFFIDAVIT OF ATTORNEY
  138. NOTICE FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 NOTICE OF FILING FINAL JUDICIAL REPORT
  139. MOTION FOR DEFAULT JUDGMENT 02/02/2023 - DENIED
  140. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 12/03/2022 - MOOT
  141. NOTICE FILED BY P1 US BANK NA ATTORNEY EDWARD DELP 0088641 NOTICE OF FILING OF DEATH CERTIFICATE
  142. TELEPHONE CONFERENCE HELD BY MAGISTRATE AMY JACKSON. COUNSEL FOR SUBSTITUTE PLAINTIFF PARTICIPATED. DEFENDANTS FAILED TO APPEAR. SUBSTITUTE PLAINTIFF TO FILE THE DEATH CERTIFICATE FOR CATHERINE EMERY WITHIN 60 DAYS OF THIS ORDER AND ALL NECESSARY DISPOSITIVE MOTIONS WITHIN 90 DAYS OF THIS ORDER. SUBSTITUTE PLAINTIFF TO FILE A MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, IF NECESSARY, AFTER IT REVIEW THE DEATH CERTIFICATE. NOTICE ISSUED
  143. PLAINTIFF'S MOTION TO SUBSTITUTE THE PLAINTIFF IS UNOPPOSED AND GRANTED. AS THE NOTE AND MORTGAGE HAVE BEEN TRANSFERRED / ASSIGNED, THE CLERK IS ORDERED TO LIST THE SUBSTITUTE PLAINTIFF AS "U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST." CASE CAPTION AND ATTORNEY INFORMATION TO REMAIN THE SAME. NOTICE ISSUED
  144. MOTION FILED FOR P1 NEWREZ LLC EDWARD DELP 0088641 MOTION FOR SUBSTITUTION OF PLAINTIFF 08/25/2022 - UNOPPOSED AND GRANTED
  145. TELEPHONE CONFERENCE SET FOR 08/25/2022 AT 09:30 AM. A TELEPHONE STATUS / SCHEDULING CONFERENCE IS SET IN THIS CASE WITH MAGISTRATE AMY JACKSON. ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO CALL 216-443-8505 TEN MINUTES PRIOR TO THE CONFERENCE. NOTICE ISSUED
  146. ON 04/11/2022 THE WITHIN NAMED AMATA/NANCY/J. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  147. ON 04/11/2022 THE WITHIN NAMED JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  148. ON 04/12/2022 THE WITHIN NAMED AMATA/NANCY/J. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  149. ANSWER FILED BY DEFENDANT(S) NANCY J. AMATA(D3) and NANCY J. AMATA(D4) ATTORNEY MARK J VANROOY 0056284 AMENDED ANSWER OF DEFENDANT NANCY J. AMATA
  150. ANSWER FILED BY DEFENDANT(S) NANCY J. AMATA(D3) and NANCY J. AMATA(D4) ATTORNEY MARK J VANROOY 0056284 DEFENDANT NANCY J. AMATA
  151. LEGAL NEWS ABSTRACT
  152. PROOF OF PUBLICATION FILED $600.80- LEGAL NEWS FEE $250.00
  153. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $350.80
  154. CERTIFIED MAIL RECEIPT NO. 47222205 RETURNED 04/29/2022 FAILURE OF SERVICE ON DEFENDANT AMATA/NANCY/J. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  155. CERTIFIED MAIL RECEIPT NO. 47222204 RETURNED 04/12/2022 FAILURE OF SERVICE ON DEFENDANT AMATA/NANCY/J. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  156. DEPOSIT AMOUNT PAID AUSTIN R. DECKER
  157. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  158. CERTIFIED MAIL RECEIPT NO. 47222205 RETURNED 4/29/2022 FAILURE OF SERVICE ON DEFENDANT AMATA/NANCY/J. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  159. USPS RECEIPT NO. 47222206 DELIVERED BY USPS 04/15/2022 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 04/29/2022.
  160. ANSWER FILED BY D5 CUYAHOGA COUNTY TREASURER ATTORNEY HANNAH F.G. SINGERMAN 0083106 CUYAHOGA COUNTY TREASURER
  161. NOTICE FILED BY P1 NEWREZ LLC ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF FILING PRELIMINARY JUDICIAL REPORT
  162. CERTIFIED MAIL RECEIPT NO. 47222203 RETURNED 4/13/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  163. CERTIFIED MAIL RECEIPT NO. 47222204 RETURNED 4/12/2022 FAILURE OF SERVICE ON DEFENDANT AMATA/NANCY/J. - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  164. SUMS COMPLAINT(47222206) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E NINTH ST CLEVELAND, OH 44115
  165. SUMS COMPLAINT(47222205) SENT BY CERTIFIED MAIL. TO: NANCY J. AMATA 7057 ANTHONY LN PARMA HEIGHTS, OH 44130
  166. SUMS COMPLAINT(47222204) SENT BY CERTIFIED MAIL. TO: NANCY J. AMATA 4311 RIDGE RD BROOKLYN, OH 44144
  167. SUMS COMPLAINT(47222203) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT 3043 W 105TH ST CLEVELAND, OH 44111
  168. SUMS COMPLAINT(47222202) SENT BY SPECIAL PROCESS SERVER. TO: NANCY J. AMATA 7057 ANTHONY LN PARMA HEIGHTS, OH 44130
  169. SUMS COMPLAINT(47222201) SENT BY SPECIAL PROCESS SERVER. TO: NANCY J. AMATA 4311 RIDGE RD BROOKLYN, OH 44144
  170. SUMS COMPLAINT(47222200) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, UNKNOWN OCCUPANT-TENANT 3043 W 105TH ST CLEVELAND, OH 44111
  171. 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
  172. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  173. 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
  174. SUMMONS E-FILE COPY COST
  175. SUMMONS E-FILE COPY COST
  176. SUMMONS E-FILE COPY COST
  177. SUMMONS E-FILE COPY COST
  178. SUMMONS E-FILE COPY COST
  179. WRIT FEE
  180. WRIT FEE
  181. WRIT FEE
  182. WRIT FEE
  183. WRIT FEE
  184. SUMMONS E-FILE COPY COST
  185. SUMMONS E-FILE COPY COST
  186. WRIT FEE
  187. WRIT FEE
  188. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  189. SPECIAL PROJECTS FUND FEE
  190. LEGAL RESEARCH
  191. LEGAL NEWS
  192. LEGAL AID
  193. COMPUTER FEE
  194. CLERK'S FEE
  195. DEPOSIT AMOUNT PAID BENJAMIN M. RODRIGUEZ
  196. DEPOSIT AMOUNT PAID BENJAMIN M. RODRIGUEZ
  197. OMPUTER FEE
  198. LERK'S FEE
  199. EPOSIT AMOUNT PAID BENJAMIN M. RODRIGUEZ
  200. EPOSIT AMOUNT PAID BENJAMIN M. RODRIGUEZ

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