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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-04
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 59 entries

Parties

Plaintiff Citizens Bank, Na
Defendant Melinda Gancos|Unk. Spouse Of Melinda Gancos Aka Malinda Gancos|Unknown Tenants Occupants|Michelle Gancos|Joseph Gancos|Us Bank, Na Statutory Agent Ct Corporation System
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. UDGMENT ENTRY(52098568) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN TENANTS OCCUPANTS 3411 WEST 52ND STREET CLEVELAND, OH 44102
  3. UDGMENT ENTRY(52098567) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF MELINDA GANCOS 914 US HIGHWAY 224 NOVA, OH 44859
  4. UDGMENT ENTRY(52098566) SENT BY REGULAR MAIL SERVICE. TO: MELINDA GANCOS 914 US HIGHWAY 224 NOVA, OH 44859
  5. UDGMENT ENTRY(52098565) SENT BY EMAIL. TO: EDWARD F. HERMAN [email protected]
  6. UDGMENT ENTRY(52098564) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  7. UDGMENT ENTRY(52098563) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  8. UDGMENT ENTRY(52098562) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  9. LAINTIFF'S MOTION TO DISMISS THE CASE IS GRANTED. 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
  10. EFENDANTS MICHELE GANCOS AKA MICHELLE GANCOS AND JOSEPH GANCOS' MOTION FOR EXTENSION OF TIME MOTION FOR TELEPHONIC CASE MANAGEMENT CONFERENCE AND FOR ENLARGEMENT OF TIME TO PLEAD OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT, FILED 10/07/2023, IS DENIED AS MOOT. NOTICE ISSUED
  11. OTION TO DISMISS FILED MOTION TO DISMISS, WITHOUT PREJUDICE 10/12/2023 - GRANTED
  12. ERTIFIED MAIL NUMBER 51339753 ADDRESSED TO UNKNOWN TENANTS OCCUPANTS (D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  13. ERTIFIED MAIL NUMBER 51339754 ADDRESSED TO MICHELLE GANCOS (D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  14. ERTIFIED MAIL NUMBER 51339755 ADDRESSED TO JOSEPH GANCOS (D5) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  15. OTION FOR EXTENSION OF TIME MOTION FOR TELEPHONIC CASE MANAGEMENT CONFERENCE AND FOR ENLARGEMENT OF TIME TO PLEAD OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT 10/12/2023 - DENIED AS MOOT
  16. NSWER FILED BY P1 CITIZENS BANK, NA ATTORNEY ANTONIO J SCARLATO 0073329 ANSWER OF DEFENDANT U.S. BANK, N.A.
  17. ON 08/26/2023 I SERVED THE WITHIN NAMED GANCOS /MICHELLE/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  18. ON 08/26/2023 I SERVED THE WITHIN NAMED GANCOS /JOSEPH / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  19. OTICE OF APPEARANCE, FILED DEFENDANT(S) MICHELLE GANCOS (D4) and JOSEPH GANCOS (D5) EDWARD F. HERMAN 0086598. NOTICE OF APPEARANCE
  20. SPS RECEIPT NO. 51339752 DELIVERED BY USPS 08/17/2023 UNK. SPOUSE OF MELINDA GANCOS PROCESSED BY COC 08/23/2023.
  21. SPS RECEIPT NO. 51339751 DELIVERED BY USPS 08/17/2023 GANCOS/MELINDA / PROCESSED BY COC 08/23/2023.
  22. ON 08/16/2023 I SERVED THE WITHIN NAMED TENANTS OCCUPANTS /UNKNOWN / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  23. SPS RECEIPT NO. 51339756 DELIVERED BY USPS 08/12/2023 US BANK, NA PROCESSED BY COC 08/16/2023.
  24. UMS COMPLAINT(51339756) SENT BY CERTIFIED MAIL. TO: US BANK, NA 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  25. UMS COMPLAINT(51339755) SENT BY CERTIFIED MAIL. TO: JOSEPH GANCOS 3415 WEST 52ND STREET CLEVELAND, OH 44102
  26. UMS COMPLAINT(51339754) SENT BY CERTIFIED MAIL. TO: MICHELLE GANCOS 3415 WEST 52ND STREET CLEVELAND, OH 44102
  27. UMS COMPLAINT(51339753) SENT BY CERTIFIED MAIL. TO: UNKNOWN TENANTS OCCUPANTS 3411 WEST 52ND STREET CLEVELAND, OH 44102
  28. UMS COMPLAINT(51339752) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF MELINDA GANCOS 914 US HIGHWAY 224 NOVA, OH 44859
  29. UMS COMPLAINT(51339751) SENT BY CERTIFIED MAIL. TO: MELINDA GANCOS 914 US HIGHWAY 224 NOVA, OH 44859
  30. UMS COMPLAINT(51340122) SENT BY SPECIAL PROCESS SERVER. TO: JOSEPH GANCOS 3415 WEST 52ND STREET CLEVELAND, OH 44102
  31. UMS COMPLAINT(51340121) SENT BY SPECIAL PROCESS SERVER. TO: MICHELLE GANCOS 3415 WEST 52ND STREET CLEVELAND, OH 44102
  32. UMS COMPLAINT(51340120) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN TENANTS OCCUPANTS 3411 WEST 52ND STREET CLEVELAND, OH 44102
  33. RIT FEE
  34. RIT FEE
  35. RIT FEE
  36. UMMONS E-FILE COPY COST
  37. UMMONS E-FILE COPY COST
  38. UMMONS E-FILE COPY COST
  39. RIT FEE
  40. RIT FEE
  41. RIT FEE
  42. UMMONS E-FILE COPY COST
  43. UMMONS E-FILE COPY COST
  44. UMMONS E-FILE COPY COST
  45. RIT FEE
  46. RIT FEE
  47. RIT FEE
  48. 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
  49. AGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  50. 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
  51. UDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  52. PECIAL PROJECTS FUND FEE
  53. EGAL RESEARCH
  54. EGAL NEWS
  55. EGAL AID
  56. OMPUTER FEE
  57. LERK'S FEE
  58. EPOSIT AMOUNT PAID JOHNA M BELLA
  59. EPOSIT AMOUNT PAID JOHNA M BELLA

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