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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-28
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 149 entries

Parties

Plaintiff Dollar Bank Fsb
Defendant Bhoomeshwar Shivnarine|Kamini Shivnarine|Bhojendra Shivarine|Jane Doe Real Name Unk., Unk. Spouse If Any Of Bhojendra Shivnarine|Capital One Bank Usa Na
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. REGULAR MAIL SERVICE RECEIPT NO. 53377883 RETURNED 04/08/2024 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  3. REGULAR MAIL SERVICE RECEIPT NO. 53377882 RETURNED 04/08/2024 FAILURE OF SERVICE ON DEFENDANT SHIVARINE/BHOJENDRA/ NO MAIL RECEPTACLE NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  4. ORDER OF SALE Parcel Number: 007-30-121 ORDER OF SALE, WITH REPORT OF SALE ATTACHED, RETURNED 04/03/2024. CANCELLED BY ATTORNEY. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00 *****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 $0.00 .
  5. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00
  6. JUDGMENT ENTRY(53377884) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK USA NA 100 SHOCKOE SLIP 2ND FLOOR RICHMOND, VA 23219
  7. JUDGMENT ENTRY(53377883) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  8. JUDGMENT ENTRY(53377882) SENT BY REGULAR MAIL SERVICE. TO: BHOJENDRA SHIVARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  9. JUDGMENT ENTRY(53377881) SENT BY REGULAR MAIL SERVICE. TO: KAMINI SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  10. JUDGMENT ENTRY(53377880) SENT BY REGULAR MAIL SERVICE. TO: BHOOMESHWAR SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  11. JUDGMENT ENTRY(53377879) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
  12. JUDGMENT ENTRY(53377878) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
  13. JUDGMENT ENTRY(53377877) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  14. JUDGMENT ENTRY(53377876) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  15. JUDGMENT ENTRY(53377875) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  16. JUDGMENT ENTRY(53377874) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  17. PLAINTIFF'S MOTION TO VACATE AND DISMISS IS GRANTED. THE DECREE OF FORECLOSURE AND JUDGMENT PREVIOUSLY ENTERED HEREIN ARE VACATED AND 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. NOTICE ISSUED
  18. MOTION TO VACATE $30.00 WILLIAM L. COSTELLO (0040631) MOTION TO VACATE JE AND TO DISMISS 03/22/2024 - GRANTED
  19. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
  20. RECORDER'S FEE $1.00
  21. CERTIFICATE OF TITLE $375.00 PAY TO CARLISLE, MCNELLIE, RINI, KRAMER & ULRICH 04-24-2024 COST REMOVED PER MOTION TO VACATE/DISMISS J.E. FILED 03-22-2024.
  22. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 04/01/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 04/01/2024 IT WILL BE RE-OFFERED ON 04/15/2024 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: JOHN KOZ, APPRAISAL COST: $52.97 REGULAR FEE AND MILEAGE. JOHN J. LYNCH, APPRAISAL COST: $50 REGULAR FEE. JOHN ANDREWS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-983133 DATED THIS 27th DAY OF FEBRUARY, 2024 NOTICE ISSUED NOTICE ISSUED
  23. NOTICE FILED BY P1 DOLLAR BANK FSB ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF SALE
  24. LAND APPRAISAL OOS, FILED
  25. REGULAR MAIL SERVICE RECEIPT NO. 53037387 RETURNED 02/26/2024 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  26. REGULAR MAIL SERVICE RECEIPT NO. 53037386 RETURNED 02/22/2024 FAILURE OF SERVICE ON DEFENDANT SHIVARINE/BHOJENDRA/ NO SUCH STREET NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  27. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 007-30-121
  28. REAL AUCTION
  29. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
  30. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE ORDER OF SALE
  31. JUDGMENT ENTRY(53037388) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK USA NA 100 SHOCKOE SLIP 2ND FLOOR RICHMOND, VA 23219
  32. JUDGMENT ENTRY(53037387) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  33. JUDGMENT ENTRY(53037386) SENT BY REGULAR MAIL SERVICE. TO: BHOJENDRA SHIVARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  34. JUDGMENT ENTRY(53037385) SENT BY REGULAR MAIL SERVICE. TO: KAMINI SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  35. JUDGMENT ENTRY(53037384) SENT BY REGULAR MAIL SERVICE. TO: BHOOMESHWAR SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  36. JUDGMENT ENTRY(53037383) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
  37. JUDGMENT ENTRY(53037382) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
  38. JUDGMENT ENTRY(53037381) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  39. JUDGMENT ENTRY(53037380) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  40. JUDGMENT ENTRY(53037379) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  41. JUDGMENT ENTRY(53037378) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  42. ORDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. 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
  43. MAGISTRATE'S DECISION(52786795) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK USA NA 1500 CAPITAL ONE DRIVE RICHMOND, VA 23238-0000
  44. MAGISTRATE'S DECISION(52785648) SENT BY REGULAR MAIL SERVICE. TO: KAMINI SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  45. MAGISTRATE'S DECISION(52785647) SENT BY REGULAR MAIL SERVICE. TO: BHOOMESHWAR SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  46. MAGISTRATE'S DECISION(52785646) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK USA NA 100 SHOCKOE SLIP 2ND FLOOR RICHMOND, VA 23219
  47. MAGISTRATE'S DECISION(52785645) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
  48. MAGISTRATE'S DECISION(52785644) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
  49. MAGISTRATE'S DECISION(52785643) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  50. MAGISTRATE'S DECISION(52785642) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  51. MAGISTRATE'S DECISION(52785641) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  52. MAGISTRATE'S DECISION(52785640) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  53. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  54. CASE CALLED FOR HEARING. ONLY PLAINTIFF APPEARED THROUGH COUNSEL. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE COURT FINDS IN FAVOR OF PLAINTIFF AND AUTHORIZES A DECREE OF FORECLOSURE. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  55. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 11/02/2023, IS GRANTED. NOTICE ISSUED
  56. REGULAR MAIL SERVICE RECEIPT NO. 51505841 RETURNED 12/19/2023 FAILURE OF SERVICE ON DEFENDANT SHIVARINE/BHOJENDRA/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  57. NOTICE FILED BY P1 DOLLAR BANK FSB ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF DEFAULT HEARING
  58. TELEPHONE DEFAULT HEARING SET FOR 01/10/2024 AT 09:00 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. 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 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  59. REGULAR MAIL SERVICE RECEIPT NO. 51505842 RETURNED 11/03/2023 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  60. NOTICE FILED BY P1 DOLLAR BANK FSB ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF SUBMISSION OF MAGISTRATE DECISION & ORDER ADOPTING MAGISTRATE DECISION
  61. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 01/10/2024 - GRANTED
  62. GENERAL PLEADING FILED BY P1 DOLLAR BANK FSB ATTORNEY WILLIAM L. COSTELLO 0040631 FINAL JUDICIAL REPORT
  63. AFFIDAVIT FILED BY P1 DOLLAR BANK FSB ATTORNEY WILLIAM L. COSTELLO 0040631 ATTORNEY AFFIDAVIT
  64. AFFIDAVIT FILED BY P1 DOLLAR BANK FSB ATTORNEY WILLIAM L. COSTELLO 0040631 MILITARY AFFIDAVIT
  65. LEGAL NEWS ABSTRACT
  66. PROOF OF PUBLICATION FILED $490.80 - LEGAL NEWS FEE $250.00
  67. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $240.80
  68. CERTIFIED MAIL RECEIPT NO. 51876780 RETURNED 9/20/2023 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  69. CERTIFIED MAIL RECEIPT NO. 51876779 RETURNED 9/20/2023 FAILURE OF SERVICE ON DEFENDANT SHIVARINE/BHOJENDRA/ - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  70. SUMS COMPLAINT(51876780) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE 3727 NEWARK AVE CLEVELAND, OH 44109-0000
  71. SUMS COMPLAINT(51876779) SENT BY CERTIFIED MAIL. TO: BHOJENDRA SHIVARINE 3727 NEWARK AVE CLEVELAND, OH 44109-0000
  72. SUMMONS E-FILE COPY COST
  73. WRIT FEE
  74. WRIT FEE
  75. SUMMONS E-FILE COPY COST
  76. REQUEST FOR SERVICE FILED REQUEST FOR ORDINARY MAIL
  77. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
  78. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SBP
  79. SUMS COMPLAINT(51505842) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129 ANSWER DATE: 09/26/2023
  80. SUMS COMPLAINT(51505841) SENT BY REGULAR MAIL SERVICE. TO: BHOJENDRA SHIVARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129 ANSWER DATE: 09/26/2023
  81. USPS RECEIPT NO. 51260846 DELIVERED BY USPS 08/22/2023 CAPITAL ONE BANK USA NA PROCESSED BY COC 08/30/2023.
  82. SUMMONS E-FILE COPY COST
  83. SUMMONS E-FILE COPY COST
  84. WRIT FEE
  85. WRIT FEE
  86. REQUEST FOR SERVICE FILED REQUEST FOR ORDINARY MAIL
  87. CERTIFIED MAIL RECEIPT NO. 51260844 RETURNED 8/16/2023 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  88. CERTIFIED MAIL RECEIPT NO. 51260843 RETURNED 8/16/2023 FAILURE OF SERVICE ON DEFENDANT SHIVARINE/BHOJENDRA/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  89. CERTIFIED MAIL RECEIPT NO. 51260839 RETURNED 8/16/2023 FAILURE OF SERVICE ON DEFENDANT SHIVNARINE/BHOOMESHWAR/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  90. CERTIFIED MAIL RECEIPT NO. 51260841 RETURNED 8/16/2023 FAILURE OF SERVICE ON DEFENDANT SHIVNARINE/KAMINI/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  91. USPS RECEIPT NO. 51260845 DELIVERED BY USPS 08/09/2023 CAPITAL ONE BANK USA NA PROCESSED BY COC 08/16/2023.
  92. 51260838 ON 08/08/2023 THE WITHIN NAMED JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  93. 51260837 ON 08/08/2023 THE WITHIN NAMED SHIVARINE/BHOJENDRA/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  94. 51260836 ON 08/09/2023 I SERVED THE WITHIN NAMED SHIVNARINE/KAMINI/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  95. 51260835 ON 08/09/2023 I SERVED THE WITHIN NAMED SHIVNARINE/BHOOMESHWAR/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  96. NOTICE OF SUMMONS SERVICE RETURN FILED
  97. NOTICE OF SUMMONS SERVICE RETURN FILED
  98. NOTICE OF SUMMONS SERVICE RETURN FILED
  99. NOTICE OF SUMMONS SERVICE RETURN FILED
  100. USPS RECEIPT NO. 51260842 DELIVERED BY USPS 08/04/2023 SHIVNARINE/KAMINI/ PROCESSED BY COC 08/09/2023.
  101. USPS RECEIPT NO. 51260840 DELIVERED BY USPS 08/04/2023 SHIVNARINE/BHOOMESHWAR/ PROCESSED BY COC 08/09/2023.
  102. SUMS COMPLAINT(51260846) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK USA NA 1500 CAPITAL ONE DRIVE RICHMOND, VA 23238-0000
  103. SUMS COMPLAINT(51260845) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK USA NA 100 SHOCKOE SLIP 2ND FLOOR RICHMOND, VA 23219
  104. SUMS COMPLAINT(51260844) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  105. SUMS COMPLAINT(51260843) SENT BY CERTIFIED MAIL. TO: BHOJENDRA SHIVARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  106. SUMS COMPLAINT(51260842) SENT BY CERTIFIED MAIL. TO: KAMINI SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  107. SUMS COMPLAINT(51260841) SENT BY CERTIFIED MAIL. TO: KAMINI SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  108. SUMS COMPLAINT(51260840) SENT BY CERTIFIED MAIL. TO: BHOOMESHWAR SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  109. SUMS COMPLAINT(51260839) SENT BY CERTIFIED MAIL. TO: BHOOMESHWAR SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  110. SUMS COMPLAINT(51260838) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF BHOJENDRA SHIVNARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  111. SUMS COMPLAINT(51260837) SENT BY SPECIAL PROCESS SERVER. TO: BHOJENDRA SHIVARINE 3727 NEWARK AVENUE CLEVELAND, OH 44129
  112. SUMS COMPLAINT(51260836) SENT BY SPECIAL PROCESS SERVER. TO: KAMINI SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  113. SUMS COMPLAINT(51260835) SENT BY SPECIAL PROCESS SERVER. TO: BHOOMESHWAR SHIVNARINE 5411 HOLLYWOOD DRIVE PARMA, OH 44129-0000
  114. SUMMONS E-FILE COPY COST
  115. SUMMONS E-FILE COPY COST
  116. SUMMONS E-FILE COPY COST
  117. SUMMONS E-FILE COPY COST
  118. SUMMONS E-FILE COPY COST
  119. SUMMONS E-FILE COPY COST
  120. WRIT FEE
  121. WRIT FEE
  122. WRIT FEE
  123. WRIT FEE
  124. WRIT FEE
  125. WRIT FEE
  126. WRIT FEE
  127. SUMMONS E-FILE COPY COST
  128. SUMMONS E-FILE COPY COST
  129. SUMMONS E-FILE COPY COST
  130. SUMMONS E-FILE COPY COST
  131. SUMMONS E-FILE COPY COST
  132. SUMMONS E-FILE COPY COST
  133. WRIT FEE
  134. WRIT FEE
  135. WRIT FEE
  136. WRIT FEE
  137. WRIT FEE
  138. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  139. 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
  140. 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
  141. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  142. SPECIAL PROJECTS FUND FEE
  143. LEGAL RESEARCH
  144. LEGAL NEWS
  145. LEGAL AID
  146. COMPUTER FEE
  147. CLERK'S FEE
  148. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
  149. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO

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