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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-04-26
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 70 entries

Parties

Plaintiff Planet Home Lending, Llc
Defendant Nacolia K. Ross|D 3.i.p.s Llc C/o David Wright As Registered Agent|United States Of America, Secretary Of Housing And Urban Development|City Of Garfield Heights Attention: Legal Department
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. NSWER FILED BY D3 UNITED STATES OF AMERICA, SECRETARY OF HOUSING ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA
  3. ERTIFIED MAIL NUMBER 50490543 ADDRESSED TO NACOLIA K. ROSS(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  4. ERTIFIED MAIL NUMBER 50479994 ADDRESSED TO CITY OF GARFIELD HEIGHTS(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  5. ERTIFIED MAIL RECEIPT NO. 50479992 RETURNED 05/18/2023 FAILURE OF SERVICE ON DEFENDANT D3.I.P.S LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  6. OTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2) 07/12/2023 - UNOPPOSED AND GRANTED
  7. FFIDAVIT FILED BY P1 PLANET HOME LENDING, LLC ATTORNEY JUSTIN M. RITCH 0085358 AFFIDAVIT OF JUSTIN M RITCH
  8. ERTIFIED MAIL RECEIPT NO. 50479992 RETURNED 5/18/2023 FAILURE OF SERVICE ON DEFENDANT D3.I.P.S LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  9. SPS RECEIPT NO. 50490540 DELIVERED BY USPS 05/08/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING PROCESSED BY COC 05/17/2023.
  10. SPS RECEIPT NO. 50490544 DELIVERED BY USPS 05/02/2023 ROSS/NACOLIA/K. PROCESSED BY COC 05/10/2023.
  11. SPS RECEIPT NO. 50490542 DELIVERED BY USPS 05/03/2023 D3.I.P.S LLC PROCESSED BY COC 05/10/2023.
  12. ERTIFIED MAIL RECEIPT NO. 50490541 RETURNED BY U.S. MAIL DEPARTMENT 05/02/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING MAIL RECEIVED AT ADDRESS 05/10/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  13. SPS RECEIPT NO. 50490539 DELIVERED BY USPS 05/02/2023 CITY OF GARFIELD HEIGHTS PROCESSED BY COC 05/10/2023.
  14. SPS RECEIPT NO. 50479993 DELIVERED BY USPS 05/01/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 05/10/2023.
  15. SPS RECEIPT NO. 50479991 DELIVERED BY USPS 05/01/2023 ROSS/NACOLIA/K. PROCESSED BY COC 05/10/2023.
  16. ON 04/28/2023 I SERVED THE WITHIN NAMED D3.I.P.S LLC BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  17. ON 04/28/2023 I SERVED THE WITHIN NAMED ROSS/NACOLIA/K. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  18. OTICE OF SUMMONS SERVICE RETURN FILED SERVICE RETURN
  19. OTICE OF SUMMONS SERVICE RETURN FILED SERVICE RETURN
  20. UMS COMPLAINT(50490544) SENT BY CERTIFIED MAIL. TO: NACOLIA K. ROSS 12328 GRANNIS ROAD CLEVELAND, OH 44125
  21. UMS COMPLAINT(50490543) SENT BY CERTIFIED MAIL. TO: NACOLIA K. ROSS 5239 EAST 102ND STREET GARFIELD HEIGHTS, OH 44125-0000
  22. UMS COMPLAINT(50490542) SENT BY CERTIFIED MAIL. TO: D3.I.P.S LLC 8010 MARYLAND AVENUE CLEVELAND, OH 44105
  23. UMS COMPLAINT(50490541) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING C/O US ATTY FOR THE NORTH DIST 801 WEST SUPERIOR AVE, STE 400 CLEVELAND, OH 44113
  24. UMS COMPLAINT(50490540) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING C/O UNITED STATES ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE NORTHWEST WASHINGTON, DC 20530-0000
  25. UMS COMPLAINT(50490539) SENT BY CERTIFIED MAIL. TO: CITY OF GARFIELD HEIGHTS 5407 TURNEY ROAD GARFIELD HEIGHTS, OH 44125
  26. RIT FEE
  27. UMMONS E-FILE COPY COST
  28. UMMONS E-FILE COPY COST
  29. UMMONS E-FILE COPY COST
  30. UMMONS E-FILE COPY COST
  31. UMMONS E-FILE COPY COST
  32. UMMONS E-FILE COPY COST
  33. RIT FEE
  34. RIT FEE
  35. RIT FEE
  36. RIT FEE
  37. RIT FEE
  38. UMS COMPLAINT(50489506) SENT BY SPECIAL PROCESS SERVER. TO: NACOLIA K. ROSS 12328 GRANNIS ROAD CLEVELAND, OH 44125
  39. UMS COMPLAINT(50489505) SENT BY SPECIAL PROCESS SERVER. TO: D3.I.P.S LLC 8010 MARYLAND AVENUE CLEVELAND, OH 44105
  40. UMMONS E-FILE COPY COST
  41. UMMONS E-FILE COPY COST
  42. RIT FEE
  43. RIT FEE
  44. UMS COMPLAINT(50479994) SENT BY CERTIFIED MAIL. TO: CITY OF GARFIELD HEIGHTS 5407 TURNEY ROAD GARFIELD HEIGHTS, OH 44125
  45. UMS COMPLAINT(50479993) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  46. UMS COMPLAINT(50479992) SENT BY CERTIFIED MAIL. TO: D3.I.P.S LLC 8010 MARYLAND AVENUE CLEVELAND, OH 44105
  47. UMS COMPLAINT(50479991) SENT BY CERTIFIED MAIL. TO: NACOLIA K. ROSS 12328 GRANNIS ROAD CLEVELAND, OH 44125
  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. THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  49. AGISTRATE AMY R JACKSON 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. THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  51. UMMONS E-FILE COPY COST
  52. UMMONS E-FILE COPY COST
  53. UMMONS E-FILE COPY COST
  54. UMMONS E-FILE COPY COST
  55. RIT FEE
  56. RIT FEE
  57. RIT FEE
  58. RIT FEE
  59. EQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  60. EQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  61. UDGE BRIAN MOONEY ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE MICHAEL J RUSSO
  62. UDGE BRIAN MOONEY ASSIGNED (RANDOM)
  63. PECIAL PROJECTS FUND FEE
  64. EGAL RESEARCH
  65. EGAL NEWS
  66. EGAL AID
  67. OMPUTER FEE
  68. LERK'S FEE
  69. EPOSIT AMOUNT PAID JUSTIN M. RITCH
  70. EPOSIT AMOUNT PAID JUSTIN M. RITCH

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