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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-02
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 121 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 Donald A Rockey|Unknown Spouse Of Donald A. Rockey, If Any, Name Unknown|Cuyahoga County Treasurer
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. WRIT OF POSSESSION RETURNED 12/11/2024 EVICTION COMPLETED SHERIFF'S FEE $122.00 PAID IN FULL BY PLTF'S ATTY INCREASE COST (CLERK) $2.00 PD BY PLTF'S ATTY
  3. DEPOSIT AMOUNT PAID SHERIFF
  4. DEPOSIT REQUIRED FOR WRIT OF POSSESSION - RETURN $2.00 SHERIFF
  5. WRIT OF POSSESSION ISSUED TO SHERIFF 0074544 ROBERT R. HOOSE (330) 436-0300
  6. PRAECIPE TO ISSUE ALIAS WRIT OF POSSESSION. ROBERT R. HOOSE (0074544)
  7. WRIT OF POSSESSION RETURNED 09/25/2024 CANCELLED PER MAGISTRATE'S ORDER DATED 9/18/24 SHERIFF'S FEE $92.00 PAID IN FULL BY PLTF'S ATTY INCREASE COST (CLERK) $2.00 PD BY PLTF'S ATTY
  8. DEPOSIT AMOUNT PAID SHERIFF
  9. DEPOSIT REQUIRED FOR WRIT OF POSSESSION -- RETURN $2.00 SHERIFF
  10. DEFENDANT DONALD A. ROCKEY'S MOTION FOR EXTENSION OF THE EVICTION DATE, FILED 09/10/2024, IS GRANTED. WITH THE CONSENT OF PLAINTIFF, THE EVICTION SCHEDULED FOR 09/24/2024 IS RESCHEDULED AND MAY BE COMMENCED ON OR AFTER 10/24/2024. NOTICE ISSUED
  11. BRIEF IN OPPOSITION FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ASHLEY E. MUELLER 0084931 RESPONSE TO DEFENDANT'S MOTION FOR EXTENSION
  12. BECAUSE OF THE TIME SENSITIVE NATURE OF DEFENDANT'S MOTION FOR EXTENSION OF THE EVICTION DATE, PLAINTIFF HAS UNTIL 09/18/2024 TO FILE A BRIEF IN OPPOSITION OF THE MOTION. THE COURT WILL RULE ON THE MOTION AFTER A BRIEF IN OPPOSITION IS TIMELY FILED OR NOT LATER THAN 09/19/2024. NOTICE ISSUED
  13. D1 DONALD A ROCKEY MOTION FOR EXTENSION OF THE DEFENDANT'S EVICTION DATE PRO SE 9999999 09/18/2024 - GRANTED
  14. DEPOSIT AMOUNT PAID SHERIFF
  15. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $3,416.73
  16. WRIT OF POSSESSION ISSUED TO SHERIFF 0074544 ROBERT R. HOOSE (330) 436-0300
  17. PRAECIPE TO ISSUE WRIT OF POSSESSION. ROBERT R. HOOSE (0074544)
  18. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ROBERT R. HOOSE 0074544 NON MILITARY AFFIDAVIT
  19. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ROBERT R. HOOSE 0074544 NATURAL PERSON
  20. JUDGMENT ENTRY(53640667) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF DONALD A. ROCKEY, IF ANY, NAME UNKNOWN 1547 CLERMONT RD CLEVELAND, OH 44110
  21. JUDGMENT ENTRY(53640664) SENT BY REGULAR MAIL SERVICE. TO: DONALD A ROCKEY 1547 CLERMONT RD CLEVELAND, OH 44110
  22. JUDGMENT ENTRY(53640666) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  23. JUDGMENT ENTRY(53640665) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  24. JUDGMENT ENTRY(53640663) SENT BY EMAIL. TO: CRYSTAL L SARESKY [email protected]
  25. JUDGMENT ENTRY(53640662) SENT BY EMAIL. TO: CRYSTAL L SARESKY [email protected]
  26. JUDGMENT ENTRY(53640661) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  27. JUDGMENT ENTRY(53640660) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  28. JUDGMENT ENTRY(53640659) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  29. JUDGMENT ENTRY(53640658) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  30. JUDGMENT ENTRY(53640657) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  31. DECREE OF CONFIRMATION (Parcel(s) #11630087) 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 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST 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
  32. PLAINTIFF'S MOTION FOR A SUPPLEMENTAL ORDER OF DISTRIBUTION, FILED 03/06/2024, IS GRANTED. ORDER SEE JOURNAL. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  33. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION, FILED 02/23/2024, IS GRANTED. NOTICE ISSUED
  34. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 TOTAL DEBT AFFIDAVIT
  35. MOTION FILED FOR P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY AUSTIN R. DECKER 0100918 PLAINTIFF'S MOTION FOR A SUPPLEMENTAL ORDER OF DISTRIBUTION 03/25/2024 - GRANTED
  36. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION 03/08/2024 - GRANTED
  37. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $641.20 PREPAID TO LEGAL NEWS.
  38. OOS ORDER OF SALE RETURNED 2/7/2024, SOLD DATE 2/5/2024 SOLD TO: U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST FOR $54,622.82
  39. RECORDER'S FEE $1.00
  40. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 02/05/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 02/05/2024 IT WILL BE RE-OFFERED ON 02/20/2024 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: $50 REGULAR FEE. MICHAEL D. WAGNER, APPRAISAL COST: $51.37 REGULAR FEE AND MILEAGE. JOHN F LENEHAN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-983390 DATED THIS 2nd DAY OF JANUARY, 2024 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  41. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF SALE
  42. OOS LAND APPRAISAL FILED
  43. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 116-30-087
  44. JUDGMENT ENTRY(52652403) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF DONALD A. ROCKEY, IF ANY, NAME UNKNOWN 1547 CLERMONT RD CLEVELAND, OH 44110
  45. JUDGMENT ENTRY(52652402) SENT BY REGULAR MAIL SERVICE. TO: DONALD A ROCKEY 1547 CLERMONT RD CLEVELAND, OH 44110
  46. REAL AUCTION
  47. DEPOSIT AMOUNT PAID AUSTIN R. DECKER
  48. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE BY SHERIFF
  49. JUDGMENT ENTRY(52652401) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  50. JUDGMENT ENTRY(52652400) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  51. JUDGMENT ENTRY(52652399) SENT BY EMAIL. TO: CRYSTAL L SARESKY [email protected]
  52. JUDGMENT ENTRY(52652398) SENT BY EMAIL. TO: CRYSTAL L SARESKY [email protected]
  53. JUDGMENT ENTRY(52652397) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  54. JUDGMENT ENTRY(52652396) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  55. JUDGMENT ENTRY(52652395) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  56. JUDGMENT ENTRY(52652394) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  57. JUDGMENT ENTRY(52652393) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  58. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  59. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL AND ENTRY OF APPEARANCE
  60. MAGISTRATE'S DECISION(52473272) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF DONALD A. ROCKEY, IF ANY, NAME UNKNOWN 1547 CLERMONT RD CLEVELAND, OH 44110
  61. MAGISTRATE'S DECISION(52473269) SENT BY REGULAR MAIL SERVICE. TO: DONALD A ROCKEY 1547 CLERMONT RD CLEVELAND, OH 44110
  62. MAGISTRATE'S DECISION(52473271) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  63. MAGISTRATE'S DECISION(52473270) SENT BY EMAIL. TO: MARIA T WILLIAMS [email protected]
  64. MAGISTRATE'S DECISION(52473268) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  65. MAGISTRATE'S DECISION(52473267) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  66. MAGISTRATE'S DECISION(52473266) SENT BY EMAIL. TO: JUDITH MILES [email protected]
  67. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  68. DEFAULT HEARING HELD. ATTORNEY PEARSALL APPEARED ON BEHALF OF THE PLAINTIFF. DEFENDANTS DID NOT PARTICIPATE OR INFORM THE COURT OF AN INABILITY TO ATTEND THE HEARING. MAGISTRATE'S DECISION TO BE FILED AND ISSUED SEPARATELY. NOTICE ISSUED
  69. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF HEARING
  70. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/28/2023 AT 10:15AM BEFORE MAGISTRATE JIM L 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
  71. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 FINAL JUDICIAL REPORT
  72. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 JUDGMENT AFFIDAVIT
  73. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 AFFIDAVIT OF ATTORNEY
  74. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY AUSTIN R. DECKER 0100918 MILITARY AFFIDAVIT
  75. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 11/28/2023 - GRANTED
  76. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 11/28/2023 - GRANTED
  77. D1 DONALD A ROCKEY DEFENDANT'S ANSWER, FILED . PRO SE 9999999
  78. SUMS COMPLAINT(51518865) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF DONALD A. ROCKEY, IF ANY, NAME UNKNOWN 1547 CLERMONT RD CLEVELAND, OH 44110 ANSWER DATE: 09/27/2023
  79. SUMS COMPLAINT(51518864) SENT BY REGULAR MAIL SERVICE. TO: DONALD A ROCKEY 1547 CLERMONT RD CLEVELAND, OH 44110 ANSWER DATE: 09/27/2023
  80. WRIT FEE
  81. SUMMONS E-FILE COPY COST
  82. SUMMONS E-FILE COPY COST
  83. WRIT FEE
  84. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE REGULAR MAIL
  85. 51297289 ON 08/10/2023 THE WITHIN NAMED UNKNOWN SPOUSE OF DONALD ROCKEY, IF ANY, NAME UNKNOWN WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  86. 51297288 ON 08/10/2023 THE WITHIN NAMED ROCKEY/DONALD / WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  87. 51297288 ON 08/10/2023 THE WITHIN NAMED ROCKEY/DONALD / WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  88. 51297289 ON 08/10/2023 THE WITHIN NAMED UNKNOWN SPOUSE OF DONALD ROCKEY, IF ANY, NAME UNKNOWN WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  89. NOTICE OF SUMMONS SERVICE RETURN FILED FAILURE OF SERVICE UNKNOWN SPOUSE DONALD ROCKEY
  90. NOTICE OF SUMMONS SERVICE RETURN FILED FAILURE OF SERVICE DONALD ROCKEY
  91. ANSWER FILED BY D3 CUYAHOGA COUNTY TREASURER ATTORNEY JUDITH MILES 0081006 CUYAHOGA COUNTY TREASURER
  92. USPS RECEIPT NO. 51297119 DELIVERED BY USPS 08/09/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 08/16/2023.
  93. USPS RECEIPT NO. 51297118 DELIVERED BY USPS 08/09/2023 UNKNOWN SPOUSE OF DONALD ROCKEY, IF ANY, NAME UNKNOWN PROCESSED BY COC 08/16/2023.
  94. USPS RECEIPT NO. 51297117 DELIVERED BY USPS 08/09/2023 ROCKEY/DONALD / PROCESSED BY COC 08/16/2023.
  95. SUMS COMPLAINT(51297289) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE OF DONALD ROCKEY, IF ANY, NAME UNKNOWN 1547 CLERMONT RD CLEVELAND, OH 44110
  96. SUMS COMPLAINT(51297288) SENT BY SPECIAL PROCESS SERVER. TO: DONALD ROCKEY 1547 CLERMONT RD CLEVELAND, OH 44110
  97. SUMMONS E-FILE COPY COST
  98. SUMMONS E-FILE COPY COST
  99. WRIT FEE
  100. WRIT FEE
  101. SUMMONS E-FILE COPY COST
  102. SUMMONS E-FILE COPY COST
  103. SUMMONS E-FILE COPY COST
  104. WRIT FEE
  105. SUMS COMPLAINT(51297119) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E 9TH STREET CLEVELAND, OH 44115
  106. WRIT FEE
  107. SUMS COMPLAINT(51297118) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF DONALD ROCKEY, IF ANY, NAME UNKNOWN 1547 CLERMONT RD CLEVELAND, OH 44110
  108. WRIT FEE
  109. SUMS COMPLAINT(51297117) SENT BY CERTIFIED MAIL. TO: DONALD ROCKEY 1547 CLERMONT RD CLEVELAND, OH 44110
  110. 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
  111. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  112. 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
  113. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  114. SPECIAL PROJECTS FUND FEE
  115. LEGAL RESEARCH
  116. LEGAL NEWS
  117. LEGAL AID
  118. COMPUTER FEE
  119. CLERK'S FEE
  120. DEPOSIT AMOUNT PAID MARIA T WILLIAMS
  121. DEPOSIT AMOUNT PAID MARIA T WILLIAMS

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