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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-05-25
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 83 entries

Parties

Plaintiff Newrez Llc Dba Shellpoint Mortgage Servicing
Defendant Cheryl A. Piasecki|John Or Jane Doe, Unk Spouse, If Any, Of Cheryl A. Piasecki
Photo of Hon. Mark R Majer

Judge

Hon. Mark R Majer

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. UDGMENT ENTRY(57800821) SENT BY REGULAR MAIL SERVICE. TO: CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  3. UDGMENT ENTRY(57800820) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  4. UDGMENT ENTRY(57800819) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  5. UDGMENT ENTRY(57800818) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  6. UDGMENT ENTRY(57800817) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  7. LAINTIFF'S MOTION TO VACATE JUDGMENT AND DISMISS COMPLAINT IS GRANTED. THE JUDGMENT AND DECREE OF FORECLOSURE ENTERED BY THE COURT ON 12/6/22, ARE VACATED. FURTHER, THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. (FINAL) COURT COSTS ASSESSED TO THE PLAINTIFF(S). 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
  8. OTION TO VACATE $30.00 TED A HUMBERT (0022307) PLAINTIFF'S MOTION TO VACATE JUDGEMENT AND DISMISS COMPLAINT
  9. EPOSIT AMOUNT PAID TED A HUMBERT
  10. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $617.40 PREPAID TO LEGAL NEWS.
  11. RDER OF SALE PARCEL NUMBER: 522-18-049 ORDER OF SALE, WITH REPORT OF SALE ATTACHED, RETURNED 05/31/2023. CHAPTER 13 BANKRUPTCY ACT. ORDER OF SALE . CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $50.00 LEGAL NEWS ABSTRACT $ 3.00 *****SHERIFF FEES***** NOTICE TO PRINTER 0.00 ORDER OF SALE FEE 0.00 POUNDAGE(*) 0.00 COST OF DEED PREPERATION 0.00 LEGAL NEWS 0.00 =======TOTAL OF FEES $53.00.
  12. EGAL NEWS ABSTRACT $ 3.00
  13. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $50.00
  14. OTICE FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF'S SALE
  15. ECORDER'S FEE $1.00
  16. ERTIFICATE OF TITLE $570.00 PAY TO THE LAW OFFICES OF JOHN D. CLUNK
  17. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/30/2023 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/30/2023 IT WILL BE RE-OFFERED ON 06/12/2023 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: RUTH A LASSITER, APPRAISAL COST: $53.02 REGULAR FEE AND MILEAGE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. DANIEL J ROCCO, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-22-963936 DATED THIS 25th DAY OF APRIL, 2023 NOTICE ISSUED NOTICE ISSUED
  18. AND APPRAISAL OOS .
  19. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 522-18-049
  20. EAL AUCTION
  21. EPOSIT AMOUNT PAID ROBERT R. HOOSE
  22. RAECIPE FOR ORDER OF SALE $820 ORDER OF SALE
  23. UDGMENT ENTRY(49507464) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  24. UDGMENT ENTRY(49507463) SENT BY REGULAR MAIL SERVICE. TO: CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  25. UDGMENT ENTRY(49507462) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  26. UDGMENT ENTRY(49507461) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  27. S THE COURT ADOPTED THE MAGISTRATE'S DECISION ON 12/6/22, PLAINTIFF'S MOTION TO DELAY ADOPTING MAGISTRATE'S DECISION IS DENIED AS MOOT. NOTICE ISSUED
  28. OTION FILED FOR P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING TED A HUMBERT 0022307 MOTION TO DELAY ADOPTING MAGISTRATE'S DECISION 12/07/2022 - DENIED AS MOOT
  29. RDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  30. AGISTRATE'S DECISION(49040666) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  31. AGISTRATE'S DECISION(49040665) SENT BY REGULAR MAIL SERVICE. TO: CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  32. AGISTRATE'S DECISION(49040664) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  33. AGISTRATE'S DECISION(49040663) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  34. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  35. FTER REVIEWING THE RECORD OF THIS CASE, INCLUDING THE RECORDED POWER OF ATTORNEY FILED ON 10/6/22, PLAINTIFF'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
  36. OTICE FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY TED A HUMBERT 0022307 NOTICE OF FILING OF RECORDED POWER OF ATTORNEY
  37. ELEPHONE DEFAULT HEARING HELD BY MAGISTRATE ON 10/5/22. PLAINTIFF'S COUNSEL AND DEFENDANT CHERYL A. PIASECKI ATTENDED. THE DEFENDANT EXPRESSED A DESIRE TO ATTEMPT TO SAVE THE PROPERTY FROM FORECLOSURE AND DETAILED HER RECENT COMMUNICATIONS WITH A THIRD-PARTY MORTGAGE ASSISTANCE ORGANIZATIONS. AFTER CONSIDERIN THE DEFENDANT'S REPRESENTATIONS, ALL PROCEEDINGS IN THIS CASE WILL BE HELD IN ABEYANCE FOR THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, TO PERMIT THE DEFENDANT TO CONTINUE HER EFFORTS TO OBTAIN MORTGAGE ASSISTANCE. NOTWITHSTANDING THE ABEYANCE PERIOD SET BY THIS ORDER, PLAINTIFF IS ORDERED TO SUBMIT, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, ANY EVIDENCE IN SUPPORT OF THE ATTORNEY-IN-FACT RELATIONSHIPT BETWEEN PROVIDENT FUNDING ASSOCIATES, LP (A PRIOR HOLDER OF THE MORTGAGE AT ISSUE) AND NEWREZ, LLC (THE ENTITY THAT EXECUTED A MORTGAGE ASSIGNMENT TO PLAINTIFF ON BEHALF OF PROVIDENT FUNDING ASSOCIATES, LP, ACTING AS IT ATTORNEY-IN0FACT). THE EVIDENCE 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
  38. OTICE FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  39. ELEPHONE DEFAULT HEARING SET FOR 10/05/2022 AT 03:45 PM. 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 SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  40. ENERAL PLEADING FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  41. OTION FOR DEFAULT JUDGMENT 11/07/2022 - GRANTED
  42. FFIDAVIT FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY TED A HUMBERT 0022307 MILITARY AFFIDAVIT NATURAL PERSON DEFENDANTS
  43. FFIDAVIT FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY STATUS
  44. FFIDAVIT FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  45. ON 07/23/2022 I SERVED THE WITHIN NAMED PIASECKI/CHERYL /A. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  46. ON 07/23/2022 I SERVED THE WITHIN NAMED JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  47. UMS COMPLAINT(48116698) SENT BY SPECIAL PROCESS SERVER. TO: JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  48. UMS COMPLAINT(48116697) SENT BY SPECIAL PROCESS SERVER. TO: CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  49. UMMONS E-FILE COPY COST
  50. UMMONS E-FILE COPY COST
  51. RIT FEE
  52. RIT FEE
  53. EQUEST FOR SERVICE FILED REQUEST FOR SERVICE VIA PROCESS SERVER
  54. ERTIFIED MAIL RECEIPT NO. 47671925 RETURNED 07/18/2022 FAILURE OF SERVICE ON DEFENDANT PIASECKI/CHERYL /A. - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. UMS COMPLAINT(47932580) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125 ANSWER DATE: 07/26/2022
  56. UMS COMPLAINT(47932579) SENT BY REGULAR MAIL SERVICE. TO: CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125 ANSWER DATE: 07/26/2022
  57. UMMONS E-FILE COPY COST
  58. RIT FEE
  59. RIT FEE
  60. UMMONS E-FILE COPY COST
  61. EQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY ORDINARY MAIL - COMPLAINT
  62. ERTIFIED MAIL RECEIPT NO. 47671926 RETURNED 6/24/2022 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  63. ERTIFIED MAIL RECEIPT NO. 47671925 RETURNED 6/24/2022 FAILURE OF SERVICE ON DEFENDANT PIASECKI/CHERYL /A. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  64. UMS COMPLAINT(47671926) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNK SPOUSE, IF ANY, OF CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  65. UMS COMPLAINT(47671925) SENT BY CERTIFIED MAIL. TO: CHERYL A. PIASECKI 5032 WILLOWBROOK DRIVE CUYAHOGA HEIGHTS, OH 44125
  66. **PLEASE CHECK (HTTPS://CPDOCKET.CP.CUYAHOGACOUNTY.US/TOS.ASPX) AND ENTER THE LAST SIX DIGITS OF YOUR CASE NUMBER TO READ THE FULL TEXT OF THIS ENTRY*** A FORECLOSURE CASE HAS BEEN FILED AGAINST YOU. YOUR CASE MAY BE A MORTGAGE FORECLOSURE OR A TAX FORECLOSURE. PLEASE READ THIS ENTRY TO FIND OUT ABOUT DIFFERENT TYPES OF ASSISTANCE THAT MAY BE AVAILABLE TO YOU. MORTGAGE FORECLOSURES FINANCIAL ASSISTANCE: IF YOUR CASE IS A MORTGAGE FORECLOSURE (A CASE WHERE YOU HAVE A MORTGAGE FROM A BANK OR MORTGAGE COMPANY, FOR EXAMPLE), YOU MAY CHOOSE TO REACH OUT TO THE FOLLOWING ORGANIZATIONS ABOUT POSSIBLE FINANCIAL ASSISTANCE AND/OR HOUSING COUNSELING SERVICES: CHN HOUSING PARTNERS 2999 PAYNE AVE, SUITE 134 CLEVELAND, OHIO 44114 (216) 881-8443 COMMUNITY HOUSING SOLUTIONS 12114 LARCHMERE BOULEVARD CLEVELAND, OHIO 44120 (216) 231-5815 EMPOWERING AND STRENGTHENING OHIO'S PEOPLE (ESOP) 11890 FAIRHILL ROAD CLEVELAND, OHIO 44120 (216) 373-1850 HOME REPAIR RESOURCE CENTER 2520 NOBLE ROAD CLEVELAND HEIGHTS, OHIO 44121 (216) 381-6100 OHIO DEPARTMENT OF DEVELOPMENT HOME RELIEF GRANT: HTTPS://BUSINESSHELP.OHIO.GOV/HOME-RELIEF-GRANT.HTML LEGAL ASSISTANCE: YOU MAY ALSO QUALIFY FOR NO-COST LEGAL COUNSEL THROUGH THE LEGAL AID SOCIETY. PLEASE CONTACT LEGAL AID AT (216) 687-1900 FOR MORE INFORMATION. MEDIATION: IF YOU WANT TO TRY TO NEGOTIATE A SETTLEMENT WITH YOUR LENDER, YOU MAY BE ABLE TO MEDIATE YOUR CASE. WHILE THERE IS NO GUARANTY THAT YOUR CASE CAN BE MEDIATED, YOU MAY FILE A WRITTEN REQUEST FOR MEDIATION OR A SETTLEMENT CONFERENCE IN YOUR CASE WITH THE CLERK OF COURT, EXPLAINING YOUR CIRCUMSTANCES AND WHY YOU BELIEVE YOUR CASE IS APPROPRIATE FOR MEDIATION. TAX FORECLOSURES FINANCIAL ASSISTANCE: IF YOUR CASE IS A TAX FORECLOSURE (A CASE WHERE THE "TREASURER OF CUYAHOGA COUNTY, OHIO" IS LISTED AS THE PLAINTIFF) AND YOU OWE $10,000.00 OR LESS IN BACK PROPERTY TAXES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH CHN HOUSING PARTNERS' DELINQUENT PROPERTY TAX ASSISTANCE PROGRAM. FUNDS ARE LIMITED AND MAY ONLY BE AVAILABLE THROUGH DECEMBER 31, 2022. THE PROGRAM'S APPLICATION CAN BE FOUND ONLINE AT: HTTPS://WWW.TFAFORMS.COM/4922955. THE PROGRAM'S CUSTOMER SERVICE LINE MAY BE REACHED AT (216) 774-2336. IF YOU ARE INTERESTED IN TRYING TO ENTER INTO A REPAYMENT PLAN WITH THE TREASURER, YOU MAY CONTACT THE TREASURER'S TAX SERVICES OFFICE AT (216) 443-7420. GENERAL INFORMATION IN ANY TYPE OF FORECLOSURE CASE, HELPFUL INFORMATION MAY BE AVAILABLE TO YOU THROUGH THE COURT RESOURCE CENTER. THE RESOURCE CENTER CAN: (1) PROVIDE YOU WITH ACCURATE GENERAL INFORMATION ABOUT THE COURT; (2) OFFER YOU FORMS OR PLEADINGS; AND (3) ASSIST YOU WITH POSSIBLE REFERRALS TO COMMUNITY PARTNERS. THE COURT RESOURCE CENTER CAN BE CONTACTED ONLINE AT: HTTPS://CP.CUYAHOGACOUNTY.US/CONTACT/, OR BY PHONE AT (216) 443-8204. YOU MAY ALSO CHOOSE TO PROCEED IN YOUR CASE WITHOUT SEEKING ASSISTANCE. HELPFUL INFORMATION ABOUT HOW A FORECLOSURE CASE WORKS, IN GENERAL, CAN BE FOUND AT: HTTPS://CP.CUYAHOGACOUNTY.US/DEPARTMENTS/MAGISTRATES/. IF YOU WOULD LIKE TO HIRE AN ATTORNEY TO REPRESENT YOU IN YOUR CASE, YOU CAN CONTACT A PRIVATE ATTORNEY ON YOUR OWN OR REQUEST A REFERRAL THROUGH THE CLEVELAND METROPOLITAN BAR ASSOCIATION'S LAWYER REFERRAL SERVICE. THE SERVICE MAY BE CONTACTED ONLINE AT: HTTPS://WWW.CLEMETROBAR.ORG/?PG=CLIENTREFERRALS, OR BY PHONE AT (216) 696-3532. A FREE INITIAL TELEPHONE CONSULTATION IS OFFERED THROUGH THE SERVICE, BUT YOU MAY HAVE TO PAY OUT-OF-POCKET IF YOU CHOOSE TO HIRE AN ATTORNEY. NOTICE ISSUED
  67. REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 5/25/22, 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
  68. UMMONS E-FILE COPY COST
  69. RIT FEE
  70. UMMONS E-FILE COPY COST
  71. RIT FEE
  72. LL NON-MILITARY CLIENT AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE FILE AND LOAN HISTORY IN QUESTION AND HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELIED UPON TO MAKE THE STATEMENTS CONTAINED IN THE AFFIDAVIT. ALL CLIENT EXECUTED MILITARY AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE APPROPRIATE DEFENDANTS' MILITARY STATUS. FAILURE TO PROVIDE APPROPRIATE AFFIDAVITS MAY RESULT IN MANDATORY PERSONAL ATTENDANCE OF AN AFFIANT FOR A HEARING, THE IMPOSITION OF SANCTIONS AND PENALTIES FOR PERJURY OR CONTEMPT, AND DISMISSAL OF THE CASE. BEFORE JUDGMENT IS ENTERED ON ANY CLAIM FOR FORECLOSURE AND/OR MONEY JUDGMENT IN A RESIDENTIAL MORTGAGE FORECLOSURE CASE, COUNSEL FOR PLAINTIFF AND ANY OTHER PARTY THAT ASSERTS A CLAIM FOR FORECLOSURE OR MONEY JUDGMENT MUST FILE AN AFFIDAVIT OR AFFIDAVITS. IN REGARD TO NON-MILITARY CLIENT AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS REVIEWED THE FILE. 3) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH A REPRESENTATIVE OF THE PARTY SEEKING FORECLOSURE AND/OR MONEY JUDGMENT OR ITS SERVICER AND THAT THIS REPRESENTATIVE: HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELATED TO THE CASE; HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE; AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE PLEADINGS AND COURT FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN. 4) PROVIDE THE FULL NAME OF THE REPRESENTATIVE DESCRIBED IN ITEM 3 AND THE DATE OR DATES OF THE COMMUNICATION. 5) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE PLEADINGS AND OTHER COURT FILINGS IN SUPPORT OF THE CLAIMS FOR FORECLOSURE ARE COMPLETE AND ACCURATE IN ALL RELEVANT RESPECTS. 6) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 7) BE SIGNED AND DATED BY COUNSEL OF RECORD. IN REGARD TO CLIENT EXECUTED MILITARY AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH THE AFFIANT OF THE MILITARY AFFIDAVIT AND THAT THE AFFIANT HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED NECESSARY WEBSITE AND/OR DATABASE TO DETERMINE THE MILITARY STATUS OF THE APPROPRIATE DEFENDANTS. 3) PROVIDE THE FULL NAME OF THE AFFIANT DESCRIBED IN ITEM 2 AND THE DATE OR DATES OF THE COMMUNICATION. 4) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE INFORMATION CONTAINED IN THE MILITARY AFFIDAVIT IS ACCURATE IN ALL RELEVANT RESPECTS. 5) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 6) BE SIGNED AND DATED BY COUNSEL OF RECORD. FAILURE TO SUBMIT AN APPROPRIATE AFFIDAVIT ON OR BEFORE THE DATE OF TRIAL, THE DATE THAT A MOTION FOR SUMMARY JUDGMENT IS RIPE FOR RULING, OR THE DATE OF DEFAULT HEARING, WHICHEVER IS APPLICABLE, WILL RESULT IN DISMISSAL OF THE CASE AND MAY RESULT IN FURTHER SANCTIONS. STANDARDIZED AFFIDAVIT FORMS ARE POSTED ON THE CUYAHOGA COUNTY COURT OF COMMONPLEAS WEBSITE HTTP://CP.CUYAHOGACOUNTY.US/INTERNET/COURTDOCS/MAGISTRATES/AFFIDAVIT (REV5).PDF. ALL AFFIDAVITS SUBMITTED PURSUANT TO THIS ORDER MUST BE IN THE FORMAT OF THESE STANDARDIZED AFFIDAVIT FORMS. IN LIEU OF THIS AFFIDAVIT: 1) IN CASES WHERE CLIENT AFFIDAVITS HAVE BEEN FILED, THE AFFIANT OR AFFIANTS MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY REGARDING THOSE AFFIDAVITS. THE REPRESENTATIVE MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. IF MULTIPLE CLIENT AFFIDAVITS ARE FILED IN THE CASE AND ARE EXECUTED BY MORE THAN ONE AFFIANT, EACH AFFIANT MUST APPEAR AT THE HEARING OF THE MATTER. 2) IN CASES WHERE NO CLIENT AFFIDAVITS HAVE BEEN FILED, AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY IN SUPPORT OF THE ALLEGATIONS OF THE COMPLAINT AND CONTENTS OF OTHER DOCUMENTS OR COURT FILINGS. THE OFFICER MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. 3) IN CASES WHERE NO HEARING IS SCHEDULED BEFORE THE ENTRY OF JUDGMENT (SUCH AS SOME SUMMARY JUDGMENT CASES), THE OFFICER OF THE PARTY SEEKING FORECLOSURE MUST, CONTEMPORANEOUSLY WITH THE MOTION FOR SUMMARY JUDGMENT, MOVE TO SCHEDULE A HEARING AT WHICH THE AFFIANT MAY APPEAR. 4) WITH THE EXCEPTION OF AFFIANTS OF MILITARY AFFIDAVITS, THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER WHO APPEARS IN COURT IN LIEU OF THE FILING OF A FORECLOSURE COUNSEL AFFIDAVIT MUST APPEAR WITH THE ORIGINAL PROMISSORY NOTE, INCLUDING ALL ENDORSEMENTS AND ALLONGES AND A CURRENT PAYMENT HISTORY FOR THE MORTGAGE LOAN AT ISSUE. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO TESTIFY THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS OR OTHER DATA RELATED TO THE CASE, HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN, IF ANY. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO RESPOND TO THE QUESTIONING OF THE MAGISTRATE OR JUDGE PRESIDING OVER THE HEARING AND THE QUESTIONING OF ANY OTHER PARTY ATTENDING THE HEARING. 5) IF THE AFFIANT OR OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER HAS BEEN PREVIOUSLY DEPOSED AND HAS TESTIFIED UNDER OATH REGARDING THE ABOVE REQUIRED INFORMATION, THE FILING OF THE TRANSCRIPT OF THAT DEPOSITION WILL SATISFY THE REQUIREMENTS OF THIS POLICY. FAILURE TO FILE AN ATTORNEY AFFIDAVIT OR DO ANY OF THE ALTERNATIVES TO FILING AN ATTORNEY AFFIDAVIT BEFORE THE CASE IS RIPE FOR THE ENTRY OF JUDGMENT WILL RESULT IN DISMISSAL OF THE CASE. NOTICE ISSUED
  73. AGISTRATE CHRISTOPHER DAY ASSIGNED (MANUALLY)
  74. T IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. A PARTY SEEKING A DEFAULT JUDGMENT MUST FILE A MOTION FOR DEFAULT JUDGMENT. ONCE A CASE IS SET FOR DEFAULT JUDGMENT, THE MOTION FOR DEFAULT JUDGMENT MAY BE WITHDRAWN ONLY BY SEPARATE MOTION WITH GOOD CAUSE SHOWN. NOTICE ISSUED
  75. UDGE MARK R MAJER ASSIGNED (RANDOM)
  76. PECIAL PROJECTS FUND FEE
  77. EGAL RESEARCH
  78. EGAL NEWS
  79. EGAL AID
  80. OMPUTER FEE
  81. LERK'S FEE
  82. EPOSIT AMOUNT PAID TED A HUMBERT
  83. EPOSIT AMOUNT PAID TED A HUMBERT

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