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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 111 entries

Parties

Plaintiff Wells Fargo Bank, N.a.
Defendant William L. Gott|Unknown Spouse, If Any, Of William L. Gott|Ally Financial Inc.
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, SERVICE REQUEST, SERVICE REQUEST
  2. DEPOSIT AMOUNT PAID SHERIFF
  3. DEPOSIT REQUIRED FOR COURT COSTS $1,685.35 SHERIFF
  4. TO COURT: 03/03/2025 ALIAS ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: URBAN HEIGHTS LLC ........................................................................................... FOR $41,300.00 DATE OF SALE 09/09/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  5. REGULAR MAIL SERVICE RECEIPT NO. 55760032 RETURNED 01/22/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  6. REGULAR MAIL SERVICE RECEIPT NO. 55760031 RETURNED 01/22/2025 FAILURE OF SERVICE ON DEFENDANT GOTT/WILLIAM/L. NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  7. JUDGMENT ENTRY(55760033) SENT BY REGULAR MAIL SERVICE. TO: ALLY FINANCIAL INC. C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, STE 125 COLUMBUS, OH 43219
  8. JUDGMENT ENTRY(55760032) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  9. JUDGMENT ENTRY(55760031) SENT BY REGULAR MAIL SERVICE. TO: WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  10. JUDGMENT ENTRY(55760030) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  11. JUDGMENT ENTRY(55760029) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  12. DECREE OF CONFIRMATION (Parcel(s) #11528049) 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 MICHEAL CARTER 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. NOTICE ISSUED
  13. DEFENDANT WILLIAM L. GOTT'S RENEWED MOTION FOR CONTINUED CONFIRMATION OF SHERIFF'S SALE OR REAL PROPERTY AND EXPLANATION OF ABSENCE FROM NOBEMBER 22, 2024 HEARING IS DENIED. THE MOTION STATES THAT MR. GOTT DID NOT APPEAR AT THE HEARING BECAUSE THE PERSON RESPONSIBLE FOR BRINGING HIM TO THE HEARING WAS UNABLE TO DO SO BECAUSE OF A DEATH IN THE FAMILY. PRIOR TO PROCEEDING ON THE RECORD, THE MAGISTRATE'S ASSISTANT CALLED THE NUMBER LISTED IN THE SIGNATURE BLOCK OF MR. GOTT'S MOTION. THE INDIVIDUAL IDENTIFIED THEMSELVES AS MR. GOTT. WHEN ASKED IF HE WANTED TO PARTICIPATE IN THE HEARING, HE INFORMED THE MAGISTRATE'S ASSISTANT THAT HE DID NOT WANT TO SPEAK TO ANY MAGISTRATE. MR. GOTT WAS GIVEN AN OPPORTUNITY TO APPEAR AT THE HEARING REMOTELY, THUS ALLEVIATING THE NEED FOR HIM TO APPEAR IN PERSON, BUT HE CHOSE NOT TO ATTEND THE HEARING. ADDITIONALLY, MR. GOTT HAS HAD MORE THAN TWO MONTHS TO REDEEM THE DELINQUENCY BUT HAS FAILED TO DO SO AND HAS NOT PRESENTED GOOD CAUSE AS TO WHY HE HAS FAILED TO REDEEM THE DELINQUENCY. CURIOUSLY, THE MOTION MAKES NO MENTION OF THIS PHONE CALL WITH THE MAGISTRATE'S ASSISTANT AND RAISES THE QUESTION AS TO WHY HE DECLINED TO APPEAR AT THE HEARING REMOTELY, BUT THEN FILED A MOTION FOR ANOTHER HEARING. THE LANGUAGE IN THE MOTION ALSO RAISES QUESTIONS AS TO WHETHER MR. GOTT DRAFTED AND SIGNED THE MOTION HIMSELF. ALL PARTIES ARE REMINDED THAT INDIVIDUALS THAT ARE NOT A LICENSED IN OHIO ARE FORBIDDEN FROM PROVIDING LEGAL ADVISE AND ASSISTANCE TO THE PARTIES. SUCH ASSISTANCE MAY CONSTITUTE THE UNAUTHORIZED PRACTICE OF LAW AND HAVE SERIOUS RAMIFICATIONS FOR THOSE PROVIDING THE ASSISTANCE. NOTICE ISSUED
  14. D1 WILLIAM L. GOTT DEFENDANT WILLIAM L. GOTT'S MOTION FOR CONTINUED STAY OF CONFIRMATION OF SHERIFF'S SALE OR REAL PROPERTY, FILED PRO SE 9999999, FILED 11/14/2024, IS DENIED. NOTICE ISSUED
  15. HEARING HELD ON DEFENDANT WILLIAM L. GOTT'S MOTION FOR CONTINUED STAY OF CONFIRMATION OF SHERIFF'S SALE OR [SIC] REAL PROPERTY. COUNSEL FOR PLAINTIFF AND THE THIRD PARTY PURCHASERS APPEARED. NO COURT REPORTER, BUT DIGITALLY RECORDED. AS DEFENDANT FAILED TO APPEAR, THE MOTION IS DENIED. NOTICE ISSUED
  16. DEFENDANT WILLIAM L. GOTT'S RENEWED MOTION FOR CONTINUED CONFIRMATION OF SHERIFF'S SALE ON REAL PROPERTY AND EXPLANATION OF ABSENCE FROM NOVENBER 22, 2024 HEARING FILED PRO SE (9999999)
  17. MOTION HEARING SET FOR 11/22/2024 AT 11:00 AM. THIS MATTER IS SET FOR AN IN PERSON EVIDENTIARY HEARING ON DEFENDANT WILLIAM L. GOTT'S MOTION FOR CONTINUED STAY OF CONFIRMATION OF SHERIFF'S SALE OR [SIC] REAL PROPERTY.. ALL PARTIES AND COUNSEL ARE TO REPORT TO THE 6TH FLOOR OF COURTHOUSE SQUARE, 310 WEST. LAKESIDE AVENUE., CLEVELAND, OHIO 44113. ANY PARTY APPEARING SOLELY THROUGH COUNSEL MUST HAVE A CLIENT REPRESENTATIVE WITH SETTLEMENT AUTHORITY AVAILABLE BY PHONE IF NEEDED. PLAINTIFF'S IS REQUIRED TO HAVE A CURRENT PAYOFF STATEMENT AT THE HEARING. FAILURE OF WILLIAM L. GOTT TO APPEAR AT THE HEARING WILL RESULT IN THE SALE BEING CONFIRMED. NOTICE ISSUED
  18. D1 WILLIAM L. GOTT DEFENDANT WILLIAM L. GOTT'S MOTION FOR CONTINUED STAY OF CONFIRMATION OF SHERIFF'S SALE OR REAL PROPERTY, FILED PRO SE 9999999
  19. DEFENDANT WILLIAM L. GOTT'S MOTION FOR STAY OF CONFIRMATION OF SHERIFF'S SALE OF REAL PROPERTY IS GRANTED. THE COURT WILL REFRAIN FROM CONFIRMING THE SALE UNTIL NOVEMBER 15, 2024. NO FURTHER EXTENSIONS WILL BE GRANTED ABSENT EXIGENT CIRCUMSTANCES. NOTICE ISSUED
  20. DEFENDANT WILLIAM L. GOTT'S MOTION TO REDEEM REAL PROPERTY AND FOR AMOUNT OF REDEMPTION PRO SE (9999999), FILED 10/07/2024, IS GRANTED. NOTICE ISSUED
  21. DEFENDANT WILLIAM L GOTT'S MOTION FOR STAY OF CONFIRMATION OF SHERIFF'S SALE OF REAL PROPERTY PRO SE (9999999) 10/15/2024 - GRANTED
  22. DEFENDANT WILLIAM L. GOTT'S MOTION TO REDEEM REAL PROPERTY AND FOR AMOUNT OF REDEMPTION PRO SE (9999999) 10/15/2024 - GRANTED
  23. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $626.00 PREPAID TO LEGAL NEWS.
  24. ALI ORDER OF SALE RETURNED 9/11/2024, SOLD DATE 9/9/2024 SOLD TO: MICHEAL CARTER FOR $29,100.00
  25. RECORDER'S FEE $1.00
  26. CERTIFICATE OF TITLE $243.00 PAY TO LOGS LEGAL GROUP LLP
  27. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/09/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/09/2024 IT WILL BE RE-OFFERED ON 09/23/2024 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: PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $52.83 REGULAR FEE AND MILEAGE. JOHN F LENEHAN, APPRAISAL COST: $50 REGULAR FEE. THOMAS P HOGAN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-985998 DATED THIS 6th DAY OF AUGUST, 2024 NOTICE ISSUED NOTICE ISSUED
  28. NOTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF SHERIFFS SALE
  29. LAND APPRAISAL ALI, FILED.
  30. ALIAS ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 115-28-049
  31. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  32. PRAECIPE FOR ORDER OF SALE $600 ALIAS ORDER OF SALE
  33. NOTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF INTENT TO PROCEED
  34. SHERIFF SALE VACATED
  35. PLAINTIFF'S MOTION TO VACATE SALE IS GRANTED. SINCE DEFENDANT GOTT HAD FILED FOR BANKRUPTCY PROTECTION PRIOR TO THE SHERIFF'S SALE, THE SHERIFF'S SALE OF MAY 13, 2024, IS HEREBY VACATED. THE SHERIFF IS ORDERED TO RETURN THE ORDER OF SALE WITHOUT EXECUTION. THE SHERIFF IS FURTHER ORDERED TO RETURN ALL FUNDS DEPOSITED BY THE PURCHASER AND TO MARK VOID ANY SHERIFF'S DEED WHICH MAY HAVE BEEN PREPARED AS A RESULT OF THE ABOVE SALE. NOTICE ISSUED
  36. MOTION TO VACATE $30.00 TAMARA E GURCHIK (0090798) MOTION TO VACATE SALE 05/28/2024 - GRANTED
  37. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  38. OOS ORDER OF SALE RETURNED 5/15/2024, SOLD DATE 5/13/2024 SOLD TO: URBAN HEIGHTS LLC FOR $41,300.00
  39. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $626.00 PREPAID TO LEGAL NEWS.
  40. NOTICE OF BANKRUPTCY STAY FILED
  41. NOTICE OF BANKRUPTCY STAY FILED
  42. GENERAL PLEADING FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 RESPONSE TO COURT'S APRIL 18, 2024 ORDER
  43. DEFENDANT WILLIAM L. GOTT'S MOTION FOR REINSTATEMENT FIGURE TO BE ISSUED IS GRANTED, IN PART. PLAINTIFF IS ORDERED TO SEND A REINSTATEMENT AMOUNT TO DEFENDANT WILLIAM L. GOTT AT THE ADDRESS LISTED ON THE INSTANT MOTION WITHIN 14 DAYS OF THIS ORDER. THIS AMOUNT DOES NOT NEED TO BE FILED. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT A STAY OF THE SALE OF THE PARCEL. NOTICE ISSUED
  44. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/13/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/13/2024 IT WILL BE RE-OFFERED ON 05/28/2024 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: DANIEL J ROCCO, APPRAISAL COST: $52.02 REGULAR FEE AND MILEAGE. JOHN KOZ, APPRAISAL COST: $50 REGULAR FEE. THOMAS P HOGAN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-985998 DATED THIS 9th DAY OF APRIL, 2024 NOTICE ISSUED NOTICE ISSUED
  45. NOTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF SALE
  46. MOTION FOR REINSTATEMENT FIGURE TO BE ISSUED PRO SE (9999999) 04/18/2024 - GRANTED AND DENIED IN PART
  47. REGULAR MAIL SERVICE RECEIPT NO. 53424684 RETURNED 04/11/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  48. LAND APPRASIAL OOS , FILED.
  49. REGULAR MAIL SERVICE RECEIPT NO. 53424683 RETURNED 04/10/2024 FAILURE OF SERVICE ON DEFENDANT GOTT/WILLIAM/L. NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  50. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 115-28-049
  51. REAL AUCTION
  52. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  53. PRAECIPE FOR ORDER OF SALE $820 COMMON PLEAS COURT OF CUYAHOGA COUNTY
  54. JUDGMENT ENTRY(53424685) SENT BY REGULAR MAIL SERVICE. TO: ALLY FINANCIAL INC. C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, STE 125 COLUMBUS, OH 43219
  55. JUDGMENT ENTRY(53424684) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  56. JUDGMENT ENTRY(53424683) SENT BY REGULAR MAIL SERVICE. TO: WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  57. JUDGMENT ENTRY(53424682) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  58. JUDGMENT ENTRY(53424681) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  59. ORDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. 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
  60. MAGISTRATE'S DECISION(53109433) SENT BY REGULAR MAIL SERVICE. TO: ALLY FINANCIAL INC. C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, STE 125 COLUMBUS, OH 43219
  61. MAGISTRATE'S DECISION(53109432) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  62. MAGISTRATE'S DECISION(53109431) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  63. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  64. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 01/03/2024, IS GRANTED. NOTICE ISSUED
  65. CASE CALLED FOR HEARING. ONLY PLAINTIFF APPEARED THROUGH COUNSEL. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  66. NOTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF HEARING
  67. TELEPHONE DEFAULT HEARING SET FOR 02/21/2024 AT 09:45 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  68. AFFIDAVIT FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 ATTORNEY FORECLOSURE AFFIDAVIT
  69. AFFIDAVIT FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 MILITARY AFFIDAVIT
  70. NOTICE FILED BY P1 WELLS FARGO BANK, N.A. ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF FILING FJR
  71. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 02/21/2024 - GRANTED
  72. 51986570 ON 10/03/2023 THE WITHIN NAMED GOTT/WILLIAM/L. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  73. 51986569 ON 10/03/2023 THE WITHIN NAMED UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  74. 51986568 ON 10/17/2023 I SERVED THE WITHIN NAMED ALLY FINANCIAL INC. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  75. LEGAL NEWS ABSTRACT
  76. PROOF OF PUBLICATION FILED $498.20 - LEGAL NEWS FEE $250.00
  77. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $248.20
  78. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  79. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  80. USPS RECEIPT NO. 51986512 DELIVERED BY USPS 10/02/2023 ALLY FINANCIAL INC. PROCESSED BY COC 10/11/2023.
  81. USPS RECEIPT NO. 51986511 DELIVERED BY USPS 10/04/2023 UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT PROCESSED BY COC 10/11/2023.
  82. USPS RECEIPT NO. 51986510 DELIVERED BY USPS 10/04/2023 GOTT/WILLIAM/L. PROCESSED BY COC 10/11/2023.
  83. SUMS COMPLAINT(51986512) SENT BY CERTIFIED MAIL. TO: ALLY FINANCIAL INC. C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, STE 125 COLUMBUS, OH 43219
  84. SUMS COMPLAINT(51986511) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  85. SUMS COMPLAINT(51986510) SENT BY CERTIFIED MAIL. TO: WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  86. SUMS COMPLAINT(51986570) SENT BY SPECIAL PROCESS SERVER. TO: WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  87. SUMS COMPLAINT(51986569) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE, IF ANY, OF WILLIAM L. GOTT 892 STEVENSON ROAD CLEVELAND, OH 44110
  88. SUMS COMPLAINT(51986568) SENT BY SPECIAL PROCESS SERVER. TO: ALLY FINANCIAL INC. C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, STE 125 COLUMBUS, OH 43219
  89. SUMMONS E-FILE COPY COST
  90. SUMMONS E-FILE COPY COST
  91. WRIT FEE
  92. WRIT FEE
  93. WRIT FEE
  94. SUMMONS E-FILE COPY COST
  95. WRIT FEE
  96. SUMMONS E-FILE COPY COST
  97. SUMMONS E-FILE COPY COST
  98. WRIT FEE
  99. WRIT FEE
  100. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  101. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  102. SPECIAL PROJECTS FUND FEE
  103. LEGAL RESEARCH
  104. LEGAL NEWS
  105. LEGAL AID
  106. COMPUTER FEE
  107. CLERK'S FEE
  108. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  109. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  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. 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

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