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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-24
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 69 entries

Parties

Plaintiff Us Bank National Association Not In Its Individual Capacity But Solely As Owner Trustee For Vrmtg Asset Trust
Defendant Wendy A. Henzey|William R. Henzey|Falls Pointe Single Family Dwelling Association C/o K And C Service Corp. S/a|United States Of America Department Of The Treasury Internal Revenue Service C/o Us Attorney|United States Of America Department Of The Treasury Internal Revenue Service C/o Attorney General
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. JUDGMENT ENTRY(53073672) SENT BY EMAIL. TO: KAREN E. SWANSON HAAN [email protected]
  3. JUDGMENT ENTRY(53073671) SENT BY EMAIL. TO: KAREN E. SWANSON HAAN [email protected]
  4. JUDGMENT ENTRY(53073670) SENT BY EMAIL. TO: KAREN E. SWANSON HAAN [email protected]
  5. JUDGMENT ENTRY(53073669) SENT BY EMAIL. TO: NOVA LEVANTE [email protected]
  6. JUDGMENT ENTRY(53073668) SENT BY EMAIL. TO: ROBERT EVAN DANIELL [email protected]
  7. JUDGMENT ENTRY(53073667) SENT BY EMAIL. TO: ROBERT EVAN DANIELL [email protected]
  8. JUDGMENT ENTRY(53073666) SENT BY EMAIL. TO: SUZANNE M. GODENSWAGER [email protected]
  9. JUDGMENT ENTRY(53073665) SENT BY EMAIL. TO: SUZANNE M. GODENSWAGER [email protected]
  10. JUDGMENT ENTRY(53073664) SENT BY EMAIL. TO: ADRIENNE S. FOSTER [email protected]
  11. JUDGMENT ENTRY(53073663) SENT BY EMAIL. TO: DAVID T BRADY [email protected]
  12. JUDGMENT ENTRY(53073662) SENT BY EMAIL. TO: DAVID T BRADY [email protected]
  13. JUDGMENT ENTRY(53073661) SENT BY EMAIL. TO: AUSTIN B BARNES [email protected]
  14. JUDGMENT ENTRY(53073660) SENT BY EMAIL. TO: AUSTIN B BARNES [email protected]
  15. JUDGMENT ENTRY(53073659) SENT BY EMAIL. TO: BRUCE W MCCLAIN [email protected]
  16. PURSUANT TO THE NOTICE OF DISMISSAL FILED HEREIN, THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL COURT COST 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  17. ATTORNEY CONFERENCE SCHEDULED FOR 02/20/2024 AT 11:00 AM IS CANCELLED. MAGISTRATE: JIM L JACKSON (0078764) REASON: NOTICE OF DISMISSAL FILED BY PLAINTIFF. (notice sent).
  18. NOTICE FILED BY P1 US BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT ATTORNEY SUZANNE M. GODENSWAGER 0086422 NOTICE OF DISMISSAL
  19. ATTORNEY CONFERENCE HELD. ATTORNEY DANIELL APPEARED ON BEHALF OF THE PLAINTIFF. ATTORNEY LEVANTE APPEARED ON BEHALF OF DEFENDANTS HENZEY. AS A LOSS MITIGATION REVIEW IS UNDERWAY, THE COURT WILL SCHEDULE AN ADDITIONAL ATTORNEY CONFERENCE BY SEPARATE ORDER. NOTICE ISSUED
  20. ATTORNEY CONFERENCE SET FOR 02/20/2024 AT 11:00 AM. HIS CASE IS SET FOR AN ATTORNEY CONFERENCE. ANY PARTY MAY APPEAR AT THIS ATTORNEY CONFERENCE BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE ATTORNEY CONFERENCE. COUNSEL MAY EMAIL MAGISTRATE JACKSON AT [email protected] IN THE EVENT OF A SCHEDULE CONFLICT OR IF AN EMAIL STATUS UPDATE WOULD BE MORE PRODUCTIVE. NOTICE ISSUED
  21. ATTORNEY CONFERENCE SET FOR 12/20/2023 AT 10:45 AM. THIS CASE IS SET FOR AN ATTORNEY CONFERENCE. ANY PARTY MAY APPEAR AT THIS ATTORNEY CONFERENCE BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE ATTORNEY CONFERENCE. COUNSEL MAY EMAIL MAGISTRATE JACKSON AT [email protected] IN THE EVENT OF A SCHEDULE CONFLICT OR IF AN EMAIL STATUS UPDATE WOULD BE MORE PRODUCTIVE. NOTICE ISSUED
  22. NOTICE OF APPEARANCE, FILED DEFENDANT(S) WENDY A. HENZEY(D1) and WILLIAM R. HENZEY(D2) NOVA LEVANTE 0099828. NOTICE OF APPEARANCE
  23. ANSWER FILED BY DEFENDANT(S) WENDY A. HENZEY(D1) and WILLIAM R. HENZEY(D2) ATTORNEY NOVA LEVANTE 0099828 DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES
  24. DEFENDANTS' TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT, FILED 09/08/2023, IS GRANTED. DEFENDANTS HENZEY HAVE 30 DAYS FROM THE DATE OF THIS ORDER TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  25. ANSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTERNAL(D4) and UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTERNAL REVENUE(D5) ATTORNEY KAREN E. SWANSON HAAN 0082518 ANSWER OF THE UNITED STATES OF AMERICA
  26. MOTION FOR EXTENSION OF TIME MOTION TO EXTEND TIME TO ANSWER 09/29/2023 - GRANTED
  27. USPS RECEIPT NO. 51191784 DELIVERED BY USPS 08/07/2023 HENZEY/WILLIAM/R. PROCESSED BY COC 08/16/2023.
  28. USPS RECEIPT NO. 51191783 DELIVERED BY USPS 08/07/2023 HENZEY/WENDY/A. PROCESSED BY COC 08/16/2023.
  29. 51191782 ON 08/11/2023 I SERVED THE WITHIN NAMED HENZEY/WILLIAM/R. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  30. 51191781 ON 08/11/2023 I SERVED THE WITHIN NAMED HENZEY/WENDY/A. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  31. NOTICE OF SUMMONS SERVICE RETURN FILED
  32. NOTICE OF SUMMONS SERVICE RETURN FILED
  33. USPS RECEIPT NO. 51191787 DELIVERED BY USPS 08/04/2023 UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTERNAL REVENUE PROCESSED BY COC 08/09/2023.
  34. USPS RECEIPT NO. 51191785 DELIVERED BY USPS 07/31/2023 FALLS POINTE SINGLE FAMILY DWELLING ASSOCIATION PROCESSED BY COC 08/09/2023.
  35. NOTICE FILED BY P1 US BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT ATTORNEY SUZANNE M. GODENSWAGER 0086422 NOTICE OF FILING OF THE SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  36. USPS RECEIPT NO. 51191786 DELIVERED BY USPS 07/28/2023 UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTERNAL PROCESSED BY COC 08/02/2023.
  37. 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
  38. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  39. 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
  40. SUMS COMPLAINT(51191787) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTERNAL REVENUE 950 PENNSYLVANIA AVENUE NW WASHINGTON, DC 20530
  41. SUMS COMPLAINT(51191786) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY INTERNAL 801 W SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  42. SUMS COMPLAINT(51191785) SENT BY CERTIFIED MAIL. TO: FALLS POINTE SINGLE FAMILY DWELLING ASSOCIATION 50 PUBLIC SQUARE SUITE 2000 CLEVELAND, OH 44113
  43. SUMS COMPLAINT(51191784) SENT BY CERTIFIED MAIL. TO: WILLIAM R. HENZEY 9354 ROLLING BROOK CIRCLE OLMSTED FALLS, OH 44138
  44. SUMS COMPLAINT(51191783) SENT BY CERTIFIED MAIL. TO: WENDY A. HENZEY 9354 ROLLING BROOK CIRCLE OLMSTED FALLS, OH 44138
  45. SUMS COMPLAINT(51191782) SENT BY SPECIAL PROCESS SERVER. TO: WILLIAM R. HENZEY 9354 ROLLING BROOK CIRCLE OLMSTED FALLS, OH 44138
  46. SUMS COMPLAINT(51191781) SENT BY SPECIAL PROCESS SERVER. TO: WENDY A. HENZEY 9354 ROLLING BROOK CIRCLE OLMSTED FALLS, OH 44138
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. WRIT FEE
  56. WRIT FEE
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  62. SPECIAL PROJECTS FUND FEE
  63. LEGAL RESEARCH
  64. LEGAL NEWS
  65. LEGAL AID
  66. COMPUTER FEE
  67. CLERK'S FEE
  68. DEPOSIT AMOUNT PAID SUZANNE M. GODENSWAGER
  69. DEPOSIT AMOUNT PAID SUZANNE M. GODENSWAGER

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