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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-09-26
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 86 entries

Parties

Plaintiff Barclays Mortgage Trust 2022 Rpl 1, Mortgage Backed Securities, Series 2022 Rpl 1, By U.s. Bank National Association, As Indenture Trustee
Defendant Star Lewandowski|John Doe, Name Unknown, The Unknown Spouse Of Star Lewandowski (if Any|Cuyahoga County Department Of Development|State Of Ohio Department Of Taxation|City Of Maple Heights
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
  2. CERTIFIED MAIL RECEIPT NO. 51997839 RETURNED 10/25/2023 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  3. CERTIFIED MAIL RECEIPT NO. 52000372 RETURNED 10/25/2023 FAILURE OF SERVICE ON DEFENDANT LEWANDOWSKI/STAR / - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  4. JUDGMENT ENTRY(52481651) SENT BY REGULAR MAIL SERVICE. TO: CITY OF MAPLE HEIGHTS ATTENTION: LEGAL DEPARTMENT 5353 LEE ROAD CLEVELAND, OH 44137
  5. JUDGMENT ENTRY(52481650) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  6. JUDGMENT ENTRY(52481649) SENT BY REGULAR MAIL SERVICE. TO: STAR LEWANDOWSKI 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  7. JUDGMENT ENTRY(52481648) SENT BY EMAIL. TO: JUSTIN M. RITCH [email protected]
  8. JUDGMENT ENTRY(52481647) SENT BY EMAIL. TO: JUSTIN M. RITCH [email protected]
  9. JUDGMENT ENTRY(52481646) SENT BY EMAIL. TO: KELLI KAY PERK [email protected]
  10. JUDGMENT ENTRY(52481645) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  11. PLAINTIFF'S MOTION TO DISMISS 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
  12. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2) 11/30/2023 - GRANTED
  13. SUMS COMPLAINT(52433740) SENT BY REGULAR MAIL SERVICE. TO: STAR LEWANDOWSKI 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137 ANSWER DATE: 12/20/2023
  14. SUMS COMPLAINT(52433739) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137 ANSWER DATE: 12/20/2023
  15. SUMMONS E-FILE COPY COST
  16. SUMMONS E-FILE COPY COST
  17. WRIT FEE
  18. WRIT FEE
  19. REQUEST FOR SERVICE FILED PRAECIPE REQUESTING SERVICE OF PROCESS VIA ORDINARY U.S. MAIL
  20. ANSWER FILED BY D4 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY ROBERT J BYRNE 0040299 STATE OF OHIO DEPARTMENT OF TAXATION
  21. ANSWER FILED BY D3 CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT ATTORNEY KELLI KAY PERK 0068411 ANSWER OF DEFENDANT CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT
  22. CERTIFIED MAIL RECEIPT NO. 52000373 RETURNED 10/25/2023 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  23. CERTIFIED MAIL RECEIPT NO. 52000372 RETURNED 10/25/2023 FAILURE OF SERVICE ON DEFENDANT LEWANDOWSKI/STAR / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  24. CERTIFIED MAIL RECEIPT NO. 51997839 RETURNED 10/25/2023 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  25. CERTIFIED MAIL RECEIPT NO. 51997838 RETURNED 10/25/2023 FAILURE OF SERVICE ON DEFENDANT LEWANDOWSKI/STAR / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  26. AFFIDAVIT FILED BY P1 BARCLAYS MORTGAGE TRUST 2022-RPL1, MORTGAGE- BACKED SECURITIES, SERIES ATTORNEY JUSTIN M. RITCH 0085358 AFFIDAVIT OF JUSTIN M RITCH
  27. USPS RECEIPT NO. 52000375 DELIVERED BY USPS 10/16/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 10/25/2023.
  28. USPS RECEIPT NO. 51997841 DELIVERED BY USPS 10/16/2023 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 10/25/2023.
  29. 51984082 ON 10/11/2023 THE WITHIN NAMED JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  30. 51984083 ON 10/11/2023 THE WITHIN NAMED LEWANDOWSKI/STAR / WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  31. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  32. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  33. USPS RECEIPT NO. 52000376 DELIVERED BY USPS 10/04/2023 CITY OF MAPLE HEIGHTS PROCESSED BY COC 10/11/2023.
  34. USPS RECEIPT NO. 52000374 DELIVERED BY USPS 10/05/2023 CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT PROCESSED BY COC 10/11/2023.
  35. USPS RECEIPT NO. 51997840 DELIVERED BY USPS 10/05/2023 CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT PROCESSED BY COC 10/11/2023.
  36. USPS RECEIPT NO. 51997842 DELIVERED BY USPS 10/04/2023 CITY OF MAPLE HEIGHTS PROCESSED BY COC 10/11/2023.
  37. SUMS COMPLAINT(52000376) SENT BY CERTIFIED MAIL. TO: CITY OF MAPLE HEIGHTS ATTENTION: LEGAL DEPARTMENT 5353 LEE ROAD CLEVELAND, OH 44137
  38. SUMS COMPLAINT(52000375) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  39. SUMS COMPLAINT(52000374) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT ATTENTION: LEGAL DEPARTMENT 2079 EAST NINTH STREET CLEVELAND, OH 44115
  40. SUMS COMPLAINT(52000373) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  41. SUMS COMPLAINT(52000372) SENT BY CERTIFIED MAIL. TO: STAR LEWANDOWSKI 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  42. SUMS COMPLAINT(51997842) SENT BY CERTIFIED MAIL. TO: CITY OF MAPLE HEIGHTS ATTENTION: LEGAL DEPARTMENT 5353 LEE ROAD CLEVELAND, OH 44137
  43. SUMS COMPLAINT(51997841) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  44. SUMS COMPLAINT(51997840) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT ATTENTION: LEGAL DEPARTMENT 2079 EAST NINTH STREET CLEVELAND, OH 44115
  45. SUMS COMPLAINT(51997839) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  46. SUMS COMPLAINT(51997838) SENT BY CERTIFIED MAIL. TO: STAR LEWANDOWSKI 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. WRIT FEE
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. SUMMONS E-FILE COPY COST
  56. WRIT FEE
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. SUMMONS E-FILE COPY COST
  60. SUMMONS E-FILE COPY COST
  61. SUMMONS E-FILE COPY COST
  62. WRIT FEE
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. WRIT FEE
  67. SUMS COMPLAINT(51984083) SENT BY SPECIAL PROCESS SERVER. TO: STAR LEWANDOWSKI 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  68. SUMS COMPLAINT(51984082) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF STAR LEWANDOWSKI (IF ANY 15429 LONGVALE AVENUE MAPLE HEIGHTS, OH 44137
  69. SUMMONS E-FILE COPY COST
  70. SUMMONS E-FILE COPY COST
  71. WRIT FEE
  72. WRIT FEE
  73. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  74. REQUEST FOR SERVICE FILED PRAECIPE FOR PRIVATE PROCESS SERVICE WITH ATTACHED STANDING ORDER AND FS COMPLAINT
  75. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE WITH ATTACHED FS COMPLAINT
  76. 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
  77. 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
  78. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  79. SPECIAL PROJECTS FUND FEE
  80. LEGAL RESEARCH
  81. LEGAL NEWS
  82. LEGAL AID
  83. COMPUTER FEE
  84. CLERK'S FEE
  85. DEPOSIT AMOUNT PAID JUSTIN M. RITCH
  86. DEPOSIT AMOUNT PAID JUSTIN M. RITCH

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