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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-25
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 107 entries

Parties

Plaintiff Specialized Loan Servicing Llc|Newrez Llc, Dba Shellpoint Mortgage Servicing Fka Specialized Loan Servicing Llc
Defendant Craig A Kendzierski|Unk. Spouse Of Craig Kendzierski If Any|State Of Ohio Department Of Taxation
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. CERTIFIED MAIL RECEIPT NO. 58424752 RETURNED 10/28/2025 FAILURE OF SERVICE ON DEFENDANT ROMAN/CHRISTOPHER/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO ATTORNEY
  3. ORDER APPROVING APPRAISERS' FEES 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: BRENT T. BAILEY, APPRAISAL COST: $53.07 REGULAR FEE AND MILEAGE. MARK BUTLER, APPRAISAL COST: $50 REGULAR FEE. LANA BLAZE, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-984537 NOTICE ISSUED
  4. 2PLU LAND APPRAISAL FILED PRIVATE SELLING OFFICER
  5. CERTIFIED MAILER(58424752) SENT BY CERTIFIED MAIL. TO: CHRISTOPHER ROMAN COLUMBIA PLAZA 250 E FIFTH ST. SUITE 1500 CINCINNATI, OH 45202-0000
  6. SECOND PLURIES ORDER OF SALE ISSUED TO TO PRIVATE SELLING OFFICER FOR APPRAISAL Parcel#(s) 551-04-076
  7. MOTION FILED FOR P1 SPECIALIZED LOAN SERVICING LLC PAUL M NALEPKA 0040796 PLAINTIFF'S MOTION TO REACTIVATE CASE FROM BANKRUPTCY STAY
  8. DEPOSIT AMOUNT PAID PAUL M NALEPKA
  9. PRAECIPE FOR ORDER OF SALE - PRIVATE SELLING OFFICER $600 SECOND PLURIES PRAECIPE FOR ORDER OF SALE
  10. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY PAUL M NALEPKA 0040796 RETURN OF PRIVATE SELLING OFFICER ON WRIT FOR ORDER OF SALE AND COST REPORT
  11. NOTICE FILED BY D1 CRAIG A KENDZIERSKI ATTORNEY LEE R KRAVITZ 0025634 NOTICE OF REINSTATEMENT AUTOMATIC STAY
  12. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY PAUL M NALEPKA 0040796 NOTICE OF AUCTION.COM SALE ALL
  13. USPS RECEIPT NO. 57331709 DELIVERED BY USPS 06/27/2025 ROMAN/CHRISTOPHER/ PROCESSED BY COC 07/02/2025.
  14. CERTIFIED MAILER(57331709) SENT BY CERTIFIED MAIL. TO: CHRISTOPHER ROMAN COLUMBIA PLAZA 250 E FIFTH ST. SUITE 1500 CINCINNATI, OH 45202-0000
  15. PLURIES ORDER OF SALE ISSUED TO SHERIFF TO PRIVATE SELLING OFFICER Parcel#(s) 551-04-076
  16. DEPOSIT AMOUNT PAID ADRIENNE S. FOSTER
  17. PRAECIPE FOR ORDER OF SALE - PRIVATE SELLING OFFICER $600 PLURIES PRAECIPE FOR ORDER OF SALE
  18. GENERAL PLEADING FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY ADRIENNE S. FOSTER 0080011 RETURN OF PRIVATE SELLING OFFICER ON WRIT FOR ORDER OF SALE AND COST REPORT
  19. NOTICE FILED BY D1 CRAIG A KENDZIERSKI ATTORNEY LEE R KRAVITZ 0025634 NOTICE OF AUTOMATIC STAY
  20. CERTIFIED MAIL RECEIPT NO. 55996549 RETURNED 02/12/2025 FAILURE OF SERVICE ON DEFENDANT ROMAN/CHRISTOPHER/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO DEFENDANT(S) ATTORNEY
  21. USPS RECEIPT NO. 55996549 DELIVERED BY USPS 02/06/2025 ROMAN/CHRISTOPHER/ PROCESSED BY COC 02/12/2025.
  22. CERTIFIED MAILER(55996549) SENT BY CERTIFIED MAIL. TO: CHRISTOPHER ROMAN COLUMBIA PLAZA 250 E FIFTH ST. SUITE 1500 CINCINNATI, OH 45202-0000
  23. ALIAS ORDER OF SALE ISSUED TO TO PRIVATE SELLING OFFICER Parcel#(s) 551-04-076
  24. REAL AUCTION
  25. DEPOSIT AMOUNT PAID ADRIENNE S. FOSTER
  26. PRAECIPE FOR ORDER OF SALE $820 ALIAS PRAECIPE FOR ORDER OF SALE
  27. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY ADRIENNE S. FOSTER 0080011 NOTICE OF TERMINATION OF BANKRUPTCY STAY
  28. GENERAL PLEADING FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 RETURN OF PRIVATE SELLING OFFICER ON WRIT FOR ORDER OF SALE AND COST REPORT
  29. NOTICE FILED BY D1 CRAIG A KENDZIERSKI ATTORNEY LEE R KRAVITZ 0025634 NOTICE OF AUTOMATIC STAY
  30. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 NOTICE OF AUCTION.COM SALE
  31. RECORDER'S FEE $1.00
  32. CERTIFICATE OF TITLE $685.00 PAY TO SPECIALIZED LOAN SERVICING LLC
  33. ORDER APPROVING APPRAISERS' FEES 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: RUTH A LASSITER, APPRAISAL COST: $53.46 REGULAR FEE AND MILEAGE. VERNON A. BLAZE, APPRAISAL COST: $50 REGULAR FEE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-984537 THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  34. LAND APPRAISAL OOS, FILED PRIVATE SELLING OFFICER
  35. CERTIFIED MAIL RECEIPT NO. 54786264 RETURNED 9/16/2024 FAILURE OF SERVICE ON DEFENDANT ROMAN/CHRISTOPHER/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO ATTORNEY
  36. CERTIFIED MAILER(54786264) SENT BY CERTIFIED MAIL. TO: CHRISTOPHER ROMAN COLUMBIA PLAZA 250 E FIFTH ST. SUITE 1500 CINCINNATI, OH 45202-0000
  37. ORDER OF SALE ISSUED TO TO PRIVATE SELLING OFFICER FOR APPRAISAL Parcel#(s) 551-04-076
  38. DEPOSIT AMOUNT PAID PAUL M NALEPKA
  39. PRAECIPE FOR ORDER OF SALE - PRIVATE SELLING OFFICER $600 PRAECIPE FOR ORDER OF SALE
  40. PLAINTIFF'S MOTION TO APPOINT A PRIVATE SELLING OFFICER, FILED 07/25/2024, IS GRANTED. CHRISTOPHER ROMAN IS APPOINTED AS THE PRIVATE SELLING OFFICER IN THIS CASE. UPON THE ISSUANCE OF AN ORDER OF SALE, THE PRIVATE SELLING OFFICER MAY SELL THE PROPERTY PURSUANT TO THE APPLICABLE PROVISIONS OF THE OHIO REVISED CODE. THE FEES AND COSTS CHARGED BY THE PRIVATE SELLING OFFICER WILL BE GOVERNED BY THE PRIVATE SELLING OFFICER'S AGREEMENT WITH THE PLAINTIFF. TO THE EXTENT THE FEES AND COSTS OF THE PRIVATE SELLING OFFICER EXCEED ONE AND ONE-HALF PERCENT OF THE SALE PRICE OF THE REAL ESTATE, THEY SHALL BE PAID BY THE PLAINTIFF OR FROM THE PLAINTIFF'S PORTION OF THE PROCEEDS OF SALE PURSUANT TO R.C. 2329.152(D)(1) AND CANNOT BE USED TO CALCULATE A REDEMPTION AMOUNT OR DEFICIENCY JUDGMENT. NOTICE ISSUED
  41. MOTION FILED FOR P1 SPECIALIZED LOAN SERVICING LLC STACEY M PIEPMEIER 0087915 PLAINTIFF'S MOTION TO APPOINT A PRIVATE SELLING OFFICER 08/29/2024 - GRANTED
  42. JUDGMENT ENTRY(54361548) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131
  43. JUDGMENT ENTRY(54361547) SENT BY REGULAR MAIL SERVICE. TO: CRAIG A KENDZIERSKI 361 E PARKLEIGH DRIVE INDEPENDENCE, OH 44131-0000
  44. JUDGMENT ENTRY(54361546) SENT BY EMAIL. TO: STACEY M PIEPMEIER [email protected]
  45. JUDGMENT ENTRY(54361545) SENT BY EMAIL. TO: BRIAN M GIANANGELI [email protected]
  46. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  47. MAGISTRATE'S DECISION(54172045) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131
  48. MAGISTRATE'S DECISION(54172044) SENT BY REGULAR MAIL SERVICE. TO: CRAIG A KENDZIERSKI 361 E PARKLEIGH DRIVE INDEPENDENCE, OH 44131-0000
  49. MAGISTRATE'S DECISION(54172043) SENT BY EMAIL. TO: STACEY M PIEPMEIER [email protected]
  50. MAGISTRATE'S DECISION(54172042) SENT BY EMAIL. TO: BRIAN M GIANANGELI [email protected]
  51. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  52. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY STACEY M PIEPMEIER 0087915 NOTICE OF FILING AMENDED FINAL JUDICIAL REPORT
  53. DEFAULT HEARING HELD. ATTORNEY O'CHOCKI APPEARED ON BEHALF OF THE PLAINTIFF. DEFENDANTS DID NOT PARTICIPATE. THE CLERK OF COURTS IS HEREBY ORDERED TO CHANGE THE SPELLING OF DEFENDANT'S FIRST NAME TO "CRAIG" INSTEAD OF GRAIG. PLAINTIFF TO FILE AN ENDORSEMENT TO THE TITLEWORK TO CORRECT THE DATES OF COVERAGE OF THE FINAL JUDICIAL REPORT. MAGISTRATE'S DECISION TO BE FILED AND ISSUED THEREAFTER BY SEPARATE ORDER. NOTICE ISSUED
  54. PLAINTIFF'S MOTION TO SUBSTITUTE PARTY PLAINTIFF, FILED 05/13/2024, IS GRANTED. THE CLERK OF COURTS IS HEREBY ORDERED TO SUBSTITUTE NEWREZ LLC, DBA SHELLPOINT MORTGAGE SERVICING FKA SPECIALIZED LOAN SERVICING LLC, IN PLACE OF THE NAMED PLAINTIFF. THE CLERK TO LIST ATTORNEY STACEY M. PIEPMEIER (OSC BAR #0087915) AS COUNSEL OF RECORD FOR THE SUBSTITUTE PLAINTIFF. NOTICE ISSUED
  55. MOTION FILED FOR P1 SPECIALIZED LOAN SERVICING LLC STACEY M PIEPMEIER 0087915 MOTION TO SUBSTITUTE PARTY PLAINTIFF 05/28/2024 - GRANTED
  56. AFFIDAVIT FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 MILITARY AFFIDAVIT
  57. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 NOTICE OF HEARING
  58. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/28/2024 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
  59. NOTICE FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 NOTICE OF FILING PROPOSED ORDER ADOPTING MAGISTRATE'S DECISION
  60. GENERAL PLEADING FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 FINAL JUDICIAL REPORT
  61. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 05/28/2024 - GRANTED
  62. AFFIDAVIT FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 AFFIDAVIT OF ATTORNEY
  63. NOTICE OF SUBSTITUTION OF COUNSEL FILED CRAIG A KENDZIERSKI-SUB OF COUNSEL CV23984537
  64. SUMS COMPLAINT(52354762) SENT BY REGULAR MAIL SERVICE. TO: CRAIG A KENDZIERSKI 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131 ANSWER DATE: 12/11/2023
  65. SUMS COMPLAINT(52354761) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131 ANSWER DATE: 12/11/2023
  66. SUMMONS E-FILE COPY COST
  67. WRIT FEE
  68. WRIT FEE
  69. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS $ COMPLAINT
  70. 51506078 ON 09/11/2023 THE WITHIN NAMED KENDZIERSKI/CRAIG/A WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  71. 51506079 ON 09/11/2023 THE WITHIN NAMED UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  72. ANSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY NICOLE R. RANDALL 0081351 STATE OF OHIO DEPARTMENT OF TAXATION
  73. CERTIFIED MAIL RECEIPT NO. 51505901 RETURNED 9/18/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  74. CERTIFIED MAIL RECEIPT NO. 51505900 RETURNED 9/18/2023 FAILURE OF SERVICE ON DEFENDANT KENDZIERSKI/CRAIG/A - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  75. GENERAL PLEADING FILED BY P1 SPECIALIZED LOAN SERVICING LLC ATTORNEY JEFFREY R. HELMS 0075659 SUPPLEMENTAL PRELIMINARY
  76. USPS RECEIPT NO. 51505903 DELIVERED BY USPS 09/07/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 09/13/2023.
  77. USPS RECEIPT NO. 51505902 DELIVERED BY USPS 09/05/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 09/13/2023.
  78. SUMS COMPLAINT(51505903) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 150 EAST GAY ST 21 ST FL COLUMBUS, OH 43215
  79. SUMS COMPLAINT(51505902) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 30 EAST BROAD ST 14TH FL COLUMBUS, OH 43215-0000
  80. SUMS COMPLAINT(51505901) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131
  81. SUMS COMPLAINT(51505900) SENT BY CERTIFIED MAIL. TO: CRAIG A KENDZIERSKI 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131
  82. SUMS COMPLAINT(51506079) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF CRAIG KENDZIERSKI IF ANY 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131
  83. SUMS COMPLAINT(51506078) SENT BY SPECIAL PROCESS SERVER. TO: CRAIG A KENDZIERSKI 361 E PARKLEIGH DRIVE SEVEN HILLS, OH 44131
  84. SUMMONS E-FILE COPY COST
  85. WRIT FEE
  86. WRIT FEE
  87. SUMMONS E-FILE COPY COST
  88. SUMMONS E-FILE COPY COST
  89. SUMMONS E-FILE COPY COST
  90. SUMMONS E-FILE COPY COST
  91. SUMMONS E-FILE COPY COST
  92. WRIT FEE
  93. WRIT FEE
  94. WRIT FEE
  95. WRIT FEE
  96. 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
  97. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  98. 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
  99. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  100. SPECIAL PROJECTS FUND FEE
  101. LEGAL RESEARCH
  102. LEGAL NEWS
  103. LEGAL AID
  104. COMPUTER FEE
  105. CLERK'S FEE
  106. DEPOSIT AMOUNT PAID JEFFREY R. HELMS
  107. DEPOSIT AMOUNT PAID JEFFREY R. HELMS

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