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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-19
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 112 entries

Parties

Plaintiff U.s. Bank Trust National Association Not In Its Individual Capacity But Solely As Owner Trustee For Rcf 2 Acquisition Trust
Defendant Tonya M. Gang|Unk. Spouse If Any Of Tonya M. Gang|Neighborhood Housing Services Of Greater Cleveland|Unk. Heirs Etc. Patrick D. Gang, Deceased
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. MOTION FOR DISTRIBUTION / DISBURSEMENT OF FUNDS FILED BY D4 UNK. HEIRS ETC. PATRICK D. GANG, DECEASED MOTION FOR DISTRIBUTION OF EXCESS FUNDS
  3. MOTION FOR DISTRIBUTION / DISBURSEMENT OF FUNDS FILED BY
  4. CERTIFIED MAIL RECEIPT NO. 56369071 RETURNED 3/31/2025 FAILURE OF SERVICE ON DEFENDANT GANG/TONYA/M. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  5. DEFENDANT TONYA M. GANG HAS MOVED FOR SUPPLEMENTAL JUDGMENT ENTRY AND AMENDED ORDER OF DISTRIBUTION. ALL PARTIES CLAIMING AN INTEREST IN THE SHERIFF SALE PROCEEDS SUPERIOR TO THAT OF SAID DEFENDANT(S) MUST MOVE FOR SUPPLEMENTAL DISTRIBUTION WITHIN 20 DAYS OF THE DATE OF THIS ORDER. FAILURE TO DO SO WILL CONSTITUTE A WAIVER OF THE PRIORITY OF SAID INTERESTS WITH REGARD TO THE INTEREST OF SAID DEFENDANT. NOTICE ISSUED
  6. MOTION FOR DISTRIBUTION / DISBURSEMENT OF FUNDS FILED BY TONYA GANG
  7. JUDGMENT DEBTOR NOTICE(56369071) SENT BY CERTIFIED MAIL. TO: TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  8. WRIT FEE
  9. DEPOSIT AMOUNT PAID SHERIFF
  10. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $50,770.33
  11. DEPOSIT AMOUNT PAID SHERIFF
  12. DEPOSIT REQUIRED FOR COURT COSTS $1,914.29 SHERIFF
  13. TO COURT: 03/03/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: WAYEL ABUHAMDEH ........................................................................................... FOR $147,100.00 DATE OF SALE 10/15/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  14. JUDGMENT ENTRY(55811303) SENT BY REGULAR MAIL SERVICE. TO: NEIGHBORHOOD HOUSING SERVICES OF GREATER CLEVELAND C/O CHN HOUSING PARTNERS, S/A 2999 PAYNE AVE. 3RD FLOOR CLEVELAND, OH 44114
  15. JUDGMENT ENTRY(55811302) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  16. JUDGMENT ENTRY(55811301) SENT BY REGULAR MAIL SERVICE. TO: TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  17. JUDGMENT ENTRY(55811300) SENT BY EMAIL. TO: JOSHUA J. EPLING [email protected]
  18. JUDGMENT ENTRY(55811299) SENT BY EMAIL. TO: JOSHUA J. EPLING [email protected]
  19. JUDGMENT ENTRY(55811298) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  20. JUDGMENT ENTRY(55811297) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  21. JUDGMENT ENTRY(55811296) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  22. DECREE OF CONFIRMATION (Parcel(s) #02708001) 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 WAYEL ABUHAMDEH 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  23. PLAINTIFF U.S. BANK TRUST NATIONAL ASSOCIATION'S MOTION FOR AMENDED ORDER OF DISTRIBUTION IS GRANTED . THE COURT FINDS THAT PLAINTIFF, PURSUANT TO THE TERMS OF THE MORTGAGE, ADVANCED ADDITIONAL SUMS FOR PAYMENT OF REAL ESTATE TAXES AND HAZARD INSURANCE FOR WHICH IT IS ENTITLED TO BE REIMBURSED FROM THE PROCEEDS OF THE SALE WITH THE SAME PRIORITY OF ITS MORTGAGE. THE COURT FINDS THAT THE TOTAL SUM TO BE REIMBURSED IS $17,050.60, WHICH CONSISTS OF $14,165.63 FOR REAL ESTATE TAXES AND $3,268.00 FOR HAZARD INSURANCE AND $825.00 FOR PROPERTY PROTECTION. THERE IS ALSO A CREDIT FOR ESCROW CREDITS/PAYMENTS OF -$1,208.03. THE OTHER AMOUNTS REQUESTED BY PLAINTIFF DO NOT FALL WITHIN THE PARAMETERS OF O.R.C. 5301.233 AND ARE DENIED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THAT THE ORDER OF DISTRIBUTION ENTERED AT CIVIL JOURNAL ON 05/23/2024 IS HEREBY AMENDED AS FOLLOWS: 4. TO THE PLAINTIFF THE SUM OF $17,050.60 ADVANCED FOR THE PAYMENT OF REAL ESTATE TAXES, AND INSURANCE PREMIUMS. 5. THE BALANCE, IF ANY, TO BE HELD BY THE CLERK OF COURTS, PENDING FURTHER ORDER OF THIS COURT. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  24. PLAINTIFF'S MOTION FOR EXTENSION OF TIME, FILED 10/30/2024, IS GRANTED. PLAINTIFF'S MOTION TO AMEND ORDER OF DISTRIBUTION IS DEEMED TIMELY FILED. NOTICE ISSUED
  25. POST JUDGMENT MOTION $30 JOSHUA J. EPLING (0079568) MOTION TO AMEND ORDER OF DISTRIBUTION
  26. DEPOSIT AMOUNT PAID JOSHUA J. EPLING
  27. MOTION FOR EXTENSION OF TIME MOTION FOR ENLARGEMENT OF TIME
  28. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $641.20 PREPAID TO LEGAL NEWS.
  29. OOS ORDER OF SALE RETURNED 10/22/2024, SOLD DATE 10/15/2024 SOLD TO: WAYEL ABUHAMDEH FOR $147,100.00
  30. RECORDER'S FEE $2.00
  31. CERTIFICATE OF TITLE $477.00 PAY TO REIMER, ARNOVITZ, CHERNEK & JEFFREY
  32. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF SALE
  33. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 10/15/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 10/15/2024 IT WILL BE RE-OFFERED ON 10/28/2024 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: $53.29 REGULAR FEE AND MILEAGE. DANIEL J ROCCO, APPRAISAL COST: $50 REGULAR FEE. MICHAEL D. WAGNER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-982578 DATED THIS 10th DAY OF SEPTEMBER, 2024 NOTICE ISSUED NOTICE ISSUED
  34. LAND APPRAISAL OOS .
  35. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 027-08-001
  36. REAL AUCTION
  37. DEPOSIT AMOUNT PAID JOSHUA J. EPLING
  38. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  39. MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL ESTATE, FILED 06/14/2024, IS DENIED. THE AUCTIONER LICENSE EXPIRED LICENSE 06/30/2024. MOREOVER, 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. NOTICE ISSUED
  40. POST JUDGMENT MOTION $30 JOSHUA J. EPLING (0079568) MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL ESTATE 08/28/2024 - DENIED
  41. DEPOSIT AMOUNT PAID JOSHUA J. EPLING
  42. JUDGMENT ENTRY(53898562) SENT BY REGULAR MAIL SERVICE. TO: TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  43. JUDGMENT ENTRY(53898561) SENT BY REGULAR MAIL SERVICE. TO: NEIGHBORHOOD HOUSING SERVICES OF GREATER CLEVELAND C/O CHN HOUSING PARTNERS, S/A 2999 PAYNE AVE. 3RD FLOOR CLEVELAND, OH 44114
  44. JUDGMENT ENTRY(53898560) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  45. JUDGMENT ENTRY(53898559) SENT BY EMAIL. TO: JOSHUA J. EPLING [email protected]
  46. JUDGMENT ENTRY(53898558) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  47. JUDGMENT ENTRY(53898557) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  48. JUDGMENT ENTRY(53898556) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  49. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  50. MAGISTRATE'S DECISION(53646629) SENT BY REGULAR MAIL SERVICE. TO: TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  51. MAGISTRATE'S DECISION(53646628) SENT BY REGULAR MAIL SERVICE. TO: NEIGHBORHOOD HOUSING SERVICES OF GREATER CLEVELAND C/O CHN HOUSING PARTNERS, S/A 2999 PAYNE AVE. 3RD FLOOR CLEVELAND, OH 44114
  52. MAGISTRATE'S DECISION(53646627) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  53. MAGISTRATE'S DECISION(53646626) SENT BY EMAIL. TO: JOSHUA J. EPLING [email protected]
  54. MAGISTRATE'S DECISION(53646625) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  55. MAGISTRATE'S DECISION(53646624) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  56. MAGISTRATE'S DECISION(53646623) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  57. MAGISTRATE'S DECISION (IN REM) FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  58. TELEPHONIC DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF APPEARED. DEFENDANTS DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. A MAGISTRATE'S DECISION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW WILL ISSUE FORTHWITH. NOTICE ISSUED
  59. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF HEARING
  60. DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF AND DEFENDANT TONYA M. GANG APPEARED. MS GANG IS ATTEMPTING TO SAVE THE PROPERTY AND HAS A MEETING WITH CHN HOUSING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS HELD IN ABEYANCE. HEARING RE-SET TO 01/11/2024 AT 10:15 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. NOTICE ISSUED
  61. TELEPHONE DEFAULT HEARING SET FOR 01/11/2024 AT 10:15 AM. . ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. NOTICE ISSUED
  62. CERTIFIED MAIL RECEIPT NO. 51150480 RETURNED 09/19/2023 FAILURE OF SERVICE ON DEFENDANT GANG/TONYA/M. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  63. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF HEARING
  64. TELEPHONE DEFAULT HEARING SET FOR 12/05/2023 AT 11:00 AM. THE HEARING WILL BE AT 11:00 AM. ON 12/05/2023. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. NOTICE ISSUED
  65. DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF AND DEFENDANT TONYA M. GANG APPEARED. MS GANG IS ATTEMPTING TO SAVE THE PROPERTY. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 10/02/2023, IS HELD IN ABEYANCE. HEARING RE-SET TO 12/05 AT 11:00 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. NOTICE ISSUED
  66. CERTIFIED MAIL RECEIPT NO. 51150481 RETURNED 09/19/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF TONYA M. GANG - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  67. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF FILING ASSIGNMENT CHAIN
  68. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF HEARING
  69. TELEPHONE DEFAULT HEARING SET FOR 11/08/2023 AT 11:15 AM. ANY 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 TEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  70. GENERAL PLEADING FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 FINAL JUDICIAL REPORT
  71. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 ATTORNEY AFFIDAVIT
  72. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY JOSHUA J. EPLING 0079568 AFFIDAVIT AS TO MILITARY STATUS
  73. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 11/16/2023 - HELD IN ABEYANCE
  74. CERTIFIED MAIL NUMBER 51150481 ADDRESSED TO UNK. SPOUSE IF ANY OF TONYA M. GANG(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  75. CERTIFIED MAIL NUMBER 51150480 ADDRESSED TO TONYA M. GANG(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  76. LEGAL NEWS ABSTRACT
  77. PROOF OF PUBLICATION FILED $564.80- LEGAL NEWS FEE $250.00
  78. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $314.80
  79. DEPOSIT AMOUNT PAID PETER L MEHLER
  80. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  81. 51150478 ON 08/01/2023 I SERVED THE WITHIN NAMED GANG/TONYA/M. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  82. 51150479 ON 08/01/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE IF ANY OF TONYA M. GANG BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  83. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  84. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  85. USPS RECEIPT NO. 51150482 DELIVERED BY USPS 07/21/2023 NEIGHBORHOOD HOUSING SERVICES OF GREATER CLEVELAND PROCESSED BY COC 07/26/2023.
  86. SUMS COMPLAINT(51150482) SENT BY CERTIFIED MAIL. TO: NEIGHBORHOOD HOUSING SERVICES OF GREATER CLEVELAND C/O CHN HOUSING PARTNERS, S/A 2999 PAYNE AVE. 3RD FLOOR CLEVELAND, OH 44114
  87. SUMS COMPLAINT(51150481) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  88. SUMS COMPLAINT(51150480) SENT BY CERTIFIED MAIL. TO: TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  89. SUMS COMPLAINT(51150479) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE IF ANY OF TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  90. SUMS COMPLAINT(51150478) SENT BY SPECIAL PROCESS SERVER. TO: TONYA M. GANG 4105 WEST 160TH STREET CLEVELAND, OH 44135
  91. SUMMONS E-FILE COPY COST
  92. SUMMONS E-FILE COPY COST
  93. WRIT FEE
  94. WRIT FEE
  95. SUMMONS E-FILE COPY COST
  96. SUMMONS E-FILE COPY COST
  97. SUMMONS E-FILE COPY COST
  98. WRIT FEE
  99. WRIT FEE
  100. WRIT FEE
  101. 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
  102. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  103. 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
  104. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  105. SPECIAL PROJECTS FUND FEE
  106. LEGAL RESEARCH
  107. LEGAL NEWS
  108. LEGAL AID
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  110. CLERK'S FEE
  111. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  112. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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