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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-20
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 133 entries

Parties

Plaintiff Hof Grantor Trust 3 C/o Fci Lender Services, Inc.
Defendant Green Apple Construction, Llc|Binyamin Alfasi|Eugene Povolotsky|City Of Cleveland Department Of Building And Housing|Aureus Finance Group, Llc|Cleveland Landmarks Commission
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
  2. DEFENDANT EUGENE POVOLOTSKY'S MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO VACATE JUDGMENT IS GRANTED. SAID DEFENDANT IS GRANTED LEAVE UP TO AND INCLUDING JANUARY 30, 2026, TO REPLY IN SUPPORT OF THE MOTION TO VACATE JUDGMENT. NOTICE ISSUED
  3. MOTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO VACATE JUDGMENT 12/15/2025, IS GRANTED. NOTICE ISSUED
  4. REGULAR MAIL SERVICE RECEIPT NO. 59132886 RETURNED 01/22/2026 FAILURE OF SERVICE ON DEFENDANT AUREUS FINANCE GROUP, LLC ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  5. REGULAR MAIL SERVICE RECEIPT NO. 59132885 RETURNED 01/21/2026 FAILURE OF SERVICE ON DEFENDANT LYNCH/JOHN/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  6. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO VACATE JUDGMENT
  7. GENERAL PLEADING FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY ALEXANDER E GOETSCH 0065026 PLAINTIFF'S OPPOSITION TO MOTION TO VACATE JUDGMENT
  8. ORDERED JE NOTICE(59132890) SENT BY REGULAR MAIL SERVICE. TO: TED A HUMBERT 495 WOLF LEDGES PKWY AKRON, OH 44311-0000
  9. ORDERED JE NOTICE(59132889) SENT BY REGULAR MAIL SERVICE. TO: ANDREW YARGER 6105 PARKLAND BOULEVARD, SUITE 100 CLEVELAND, OH 44124
  10. ORDERED JE NOTICE(59132888) SENT BY REGULAR MAIL SERVICE. TO: BRADLEY HULL IV 1300 E. 9TH STREET, 20TH FLOOR CLEVELAND, OH 44114 CLEVELAND, OH 44106-0000
  11. ORDERED JE NOTICE(59132887) SENT BY REGULAR MAIL SERVICE. TO: RICHARD BERTOVICH CHIEF ASSISTANT DIRECTOR OF LAW 601 LAKESIDE AVENUE, ROOM 106 CLEVELAND, OH 44114-0000
  12. ORDERED JE NOTICE(59132886) SENT BY REGULAR MAIL SERVICE. TO: AUREUS FINANCE GROUP, LLC 515 MARIN STREET, SUITE 316 THOUSAND OAKS, CA 91560
  13. ORDERED JE NOTICE(59132885) SENT BY REGULAR MAIL SERVICE. TO: JOHN LYNCH 1341 WEST 115TH STREET CLEVELAND, OH 44102-0000
  14. ORDERED JE NOTICE(59132884) SENT BY REGULAR MAIL SERVICE. TO: MIKE WAGNER 1648 WINDSOR DRIVE MAYFIELD HEIGHTS, OH 44124-0000
  15. ORDERED JE NOTICE(59132883) SENT BY REGULAR MAIL SERVICE. TO: JOHN ANDREWS 31360 MARVIS DRIVE BAY VILLAGE, OH 44140-0000
  16. NOTICE OF APPEARANCE, FILED P1 HOF GRANTOR TRUST 3 ALEXANDER E GOETSCH 0065026.
  17. ALI ORDER OF SALE RETURNED 12/31/2025, SOLD DATE 12/29/2025 SOLD TO: U.S. BANK TRUST COMPANY NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF HOF GRANTOR TRUST 3 FOR $644,100.00
  18. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $583.20 PREPAID TO LEGAL NEWS.
  19. GENERAL PLEADING FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY ROBERT R. HOOSE 0074544 ASSIGNMENT OF BID
  20. MOTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO VACATE JUDGMENT
  21. APPLICATION TO SCHEDULE: A HEARING ON ALLOWANCE OF APPRAISER'S FESS
  22. NOTICE OF APPEARANCE, FILED D3 EUGENE POVOLOTSKY JACOB ANTHONY RE 0104738. NOTICE OF APPEARANCE
  23. NOTICE FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF'S SALE
  24. MOTION TO VACATE $30.00 DANIEL F LINDNER (0063918) DEFENDANT EUGENE POVOLOTSKY'S MOTION TO VACATE JUDGMENT
  25. DEPOSIT AMOUNT PAID DANIEL F LINDNER
  26. ALI LAND APPRAISAL FILED
  27. ALIAS ORDER OF SALE ISSUED TO TO SHERIFF WITHOUT APPRAISAL Parcel#(s) 129-08-094
  28. REGULAR MAIL SERVICE RECEIPT NO. 58172477 RETURNED 11/18/2025 FAILURE OF SERVICE ON DEFENDANT AUREUS FINANCE GROUP, LLC NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  29. MOTION FOR APPLICATION TO SCHEDULE A HEARING ON ALLOWANCE APPRAISER'S FEES, FILED 09/11/2025, IS DENIED. NOTICE ISSUED
  30. CASE CALLED FOR HEARING. ONLY COUNSEL FOR DEFENDANT EUGENE POVOLOTSKY APPEARED. NO COURT REPORTER, BUT DIGITALLY RECORDED. AS NO TESTIMONY WAS PROVIDED BY THE APPRAISERS TO SUPPORT THE AMOUNT SOUGHT, THE MOTION IS DENIED. NOTICE ISSUED
  31. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  32. PRAECIPE FOR ORDER OF SALE $600 PRAECIPE FOR ALIAS ORDER OF SALE
  33. MOTION HEARING SET FOR 10/29/2025 AT 01:30 PM. THIS MATTER IS SET FOR AN IN PERSON HEARING ON THE MOTION ON ALLOWANCE OF APPRAISER'S FEES. 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. THE APPRIASERS MUST BE AVAILABLE TO TESTIFY AS TO THEIR FEES. NOTICE ISSUED
  34. REGULAR MAIL SERVICE RECEIPT NO. 58172536 RETURNED 09/29/2025 FAILURE OF SERVICE ON DEFENDANT LYNCH/JOHN/ NO SUCH NUMBER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  35. NOTICE(58172538) SENT BY REGULAR MAIL SERVICE. TO: JOHN ANDREWS 31360 MARVIS DRIVE BAY VILLAGE, OH 44140-0000
  36. NOTICE(58172537) SENT BY REGULAR MAIL SERVICE. TO: MIKE WAGNER 1648 WINDSOR DRIVE CLEVELAND, OH 44124-0000
  37. NOTICE(58172536) SENT BY REGULAR MAIL SERVICE. TO: JOHN LYNCH 1341 WEST 115TH STREET CLEVELAND, OH 44102-0000
  38. NOTICE(58172480) SENT BY REGULAR MAIL SERVICE. TO: ASHLEY E. MUELLER ATT 495 WOLF LEDGES PKWY AKRON, OH 44311
  39. NOTICE(58172479) SENT BY REGULAR MAIL SERVICE. TO: ANDREW YARGER 6105 PARKLAND BOULEVARD, SUITE 100 CLEVELAND, OH 44124
  40. NOTICE(58172478) SENT BY REGULAR MAIL SERVICE. TO: RICHARD BERTOVICH CHIEF ASSISTANT DIRECTOR OF LAW 601 LAKESIDE AVENUE, ROOM 106 CLEVELAND, OH 44114-0000
  41. NOTICE(58172477) SENT BY REGULAR MAIL SERVICE. TO: AUREUS FINANCE GROUP, LLC 515 MARIN STREET, SUITE 316 THOUSAND OAKS, CA 91560
  42. NOTICE(58172476) SENT BY REGULAR MAIL SERVICE. TO: RICHARD BERTOVICH CHIEF ASSISTANT DIRECTOR OF LAW 601 LAKESIDE AVENUE, ROOM 106 CLEVELAND, OH 44114-0000
  43. AFFIDAVITS OF MICHAEL D. WAGNER, JOHN W. ANDREWS, AND JOHN J. LYNCH WITH EXTERIOR ONLY APPRAISAL REPORT FOR 2691 E. 116TH ST (PPN. 129-08-094)
  44. MOTION FOR APPLICATION TO SCHEDULE A HEARING ON ALLOWANCE APPRAISER'S FEES
  45. PLAINTIFF'S MOTION TO PERMIT EXTERIOR ONLY APPRAISAL IS GRANTED. NOTICE ISSUED
  46. MOTION FILED FOR P1 HOF GRANTOR TRUST 3 TED A HUMBERT 0022307 MOTION TO PERMIT EXTERIOR ONLY APPRAISAL
  47. REGULAR MAIL SERVICE RECEIPT NO. 55489360 RETURNED 01/09/2025 FAILURE OF SERVICE ON DEFENDANT AUREUS FINANCE GROUP, LLC UNABLE TO FORWARD NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  48. DEPOSIT AMOUNT PAID CLUNK, HOOSE CO., LPA
  49. DEPOSIT REQUIRED FOR SPECIAL APPRIASAL NEEDED - PER LOCAL RULE #27. NOTICIFICATION FOR REQUIRED SPECIAL APPRAISAL DEPOSIT OF $4,000.00 -- PPN#129-08-094 $4,000.00 CLUNK, HOOSE CO., LPA
  50. RETURNED AS 60 DAY WRIT DUE TO NECESSARY SPECIAL APPRAISAL PER LOCAL RULE #27 NOTIFICATION FOR REQUIRED $4,000.00 DEPOSIT
  51. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 129-08-094
  52. REAL AUCTION
  53. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  54. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  55. JUDGMENT ENTRY(55489360) SENT BY REGULAR MAIL SERVICE. TO: AUREUS FINANCE GROUP, LLC 515 MARIN STREET, SUITE 316 THOUSAND OAKS, CA 91560
  56. JUDGMENT ENTRY(55489359) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
  57. JUDGMENT ENTRY(55489358) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
  58. JUDGMENT ENTRY(55489357) SENT BY EMAIL. TO: BRADLEY HULL [email protected]
  59. JUDGMENT ENTRY(55489356) SENT BY EMAIL. TO: ANDREW YARGER [email protected]
  60. JUDGMENT ENTRY(55489355) SENT BY EMAIL. TO: RICHARD BERTOVICH [email protected]
  61. JUDGMENT ENTRY(55489354) SENT BY EMAIL. TO: RICHARD BERTOVICH [email protected]
  62. JUDGMENT ENTRY(55489353) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  63. JUDGMENT ENTRY(55489352) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  64. 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
  65. HAVING CONSIDERED DEFENDANT EUGENE POVOLOTSKY'S OBJECTIONS, AND THE MAGISTRATE'S DECISION AND HAVING UNDERTAKEN AN INDEPENDENT REVIEW, THE COURT FINDS THAT DEFENDANT'S OBJECTIONS ARE NOT WELL TAKEN. CONSEQUENTLY, THE OBJECTIONS ARE OVERRULED. THE MAGISTRATE'S DECISION WILL BE ADOPTED BY SEPARATE ORDER. NOTICE ISSUED
  66. DEFENDANT EUGENE POVOLOTSKY'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL OBJECTIONS AFTER OBTAINING TRANSCRIPTS IS GRANTED. THE MOVING DEFENDANT IS GRANTED LEAVE UP TO AND INCLUDING NOVEMBER 21, 2024, TO FILE A SUPPLMENTAL OBJECTION TO THE MAGISTRATE'S DECISION. NOTICE ISSUED
  67. DEFENDANT EUGENE POVOLOTSKY'S MOTION FOR LEAVE TO PLEAD IS DENIED. THE MAGISTRATE ACKNOWLEDGES THAT OHIO LAW PROVIDES THAT CASES SHOULD BE DECIDED ON THEIR MERITS. SEE E.G. DEHART V. AETNA LIFE INS. CO. (1982) 69 OHIO ST.2D 189. THE OHIO RULES OF CIVIL PROCEDURE ALSO PROVIDE FIRM TIME FRAMES FOR DEFENDANTS TO RESPOND TO AFFIRMATIVE CLAIMS AGAINST THEM. SEE CIV.R.12. CIV.R.6(B) ALLOWS FOR A MOVANT TO ANSWER OUT OF TIME IF THEY CAN SHOW THAT THE FAILURE TO RESPOND TO A CLAIM WAS "THE RESULT OF EXCUSABLE NEGLECT." "A DETERMINATION OF EXCUSABLE NEGLECT WILL TURN ON THE FACTS AND CIRCUMSTANCES PRESENTED IN EACH CASE." SEE RUSSO V. FONESCA (DECEMBER 6, 2012), CUYAHOGA NO. 98527, 2012-OHIO-5714. DEFENDANT EUGENE POVOLOSTSKY ARGUES THAT HE FAILED TO ANSWER BECAUSE "HE WAS UNREPRESENTED BY COUNSEL AT THE TIME THE LAWSUIT WAS SERVED UPON HIM AND FAILED TO APPRECIATE THE CONSEQUENCES OF NOT SUBMITTING AN ANSWER WITHIN 28 DAYS OF SERVICE OF THE COMPLAINT UPON HIM." OHIO COURTS HAVE FOUND THAT FAILURE OF A LAY PERSON TO RETAIN COUNSEL DOES NOT CONSTITUTE EXCUSABLE NEGLECT. SEE UNIV. OF AKRON V. MANGAN (SEPTEMBER 24, 2008), SUMMIT C.A. NO 24167, 2008-OHIO-4844. ADDITIONALLY, OHIO COURTS HAVE CONCLUDED THAT IGNORANCE OR INEXPERIENCE DOES NOT CONSTITUTE EXCUSABLE NEGLECT. SEE BUCKEYE SUPPLY CO. V. NORTHEAST DRILLING CO. (MAY 8, 1985), WAYNE NO. 2012, 493 N.E.2D 964. ADDITIONALLY, IN CONSIDERING ALL OF THE "FACTS AND CIRCUMSTANCES" THE MAGISTRATE FURTHER CONCLUDES THAT DEFENDANT POVOLOTSKY HAS FAILED TO DEMONSTRATE EXCUSABLE NEGLECT. PLAINTIFF'S OPPOSITION BRIEF NOTES THAT DEFENDANT POVOLOTSKY HAS BEEN NAMED A DEFENDANT IN TWO (2) OTHER COMMERCIAL FORECLOSURE CASES, CUYAHOGA COUNTY CASE NOS. CV-20-941873 AND CV-21-942758, AND HE ANSWERED IN BOTH OF THESE MATTERS. DEFENDANT POVOLOTSKY DOES NOT DENY THIS ALLEGATION. THE FACT THAT DEFENDANT POVOLOTSKY HAS BEEN NAMED IN A SIMILAR CAPACITY IN SIMILAR CASES PROVIDES NO MERIT TO HIS CLAIM THAT HE WAS "UNABLE TO APPRECIATE THE CONSEQUENCES OF NOT SUBMITTING AN ANSWER..." FINALLY, NUMEROUS NOTICES WERE SENT TO DEFENDANT POVOLOTSKY THROUGHOUT THIS LITIGATION ADVISING HIM THAT EVENTS WERE OCCURING IN THIS CASE. DESPITE THESE NOTICES, DEFENDANT POVOLOTSKY FAILED TO SEEK LEAVE TO RESPOND TO PLAINTIFF'S COMPLAINT UNTIL AFTER TWO (2) DEFAULT HEARINGS WERE HELD AND A MAGISTRATE'S DECISION WAS ISSUED. DEFENDANT POVOLOTSKY'S MOTION FAILS TO MAKE ANY MENTION AS WHY HE IGNORED REPEATED COURT NOTICES AND FAILED TO APPEAR AT ANY OF THE HEARINGS IN THIS MATTER, AND WAITED UNTIL A MAGISTRATE'S DECISION ON THE MERITS WAS ISSUED BEFORE TAKING ANY ACTION. FOR ALL OF THE REASONS STATED ABOVE, DEFENDANT POVOLOTSKY'S MOTION FOR LEAVE TO PLEAD IS DENIED. NOTICE ISSUED
  68. BRIEF IN OPPOSITION FILED BY P1 HOF GRANTOR TRUST 3 ASHLEY E. MUELLER 0084931 BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE
  69. MOTION FILED FOR D3 EUGENE POVOLOTSKY BRADLEY HULL 0083282 MOTION FOR LEAVE TO FILE SUPPLEMENTAL OBJECTIONS AFTER OBTAINING TRANSCRIPT 11/07/2024 - GRANTED
  70. OBJECTION FILED BY D3 EUGENE POVOLOTSKY ATTORNEY BRADLEY HULL 0083282 PRELIMINARY OBJECTION TO MAGISTRATE'S DECISION
  71. NOTICE OF APPEARANCE, FILED D3 EUGENE POVOLOTSKY BRADLEY HULL 0083282. NOTICE OF APPEARANCE OF COUNSEL
  72. MOTION FOR LEAVE TO FILE ANSWER INSTANTER MOTION FOR LEAVE TO PLEAD 10/31/2024 - DENIED
  73. MAGISTRATE'S DECISION(53375485) SENT BY REGULAR MAIL SERVICE. TO: EUGENE POVOLOTSKY 12520 EDGEWATER DRIVE APT. 709 LAKEWOOD, OH 44107
  74. MAGISTRATE'S DECISION(53375484) SENT BY REGULAR MAIL SERVICE. TO: AUREUS FINANCE GROUP, LLC 515 MARIN STREET, SUITE 316 THOUSAND OAKS, CA 91560
  75. MAGISTRATE'S DECISION(53375483) SENT BY EMAIL. TO: RICHARD BERTOVICH [email protected]
  76. MAGISTRATE'S DECISION(53375482) SENT BY EMAIL. TO: RICHARD BERTOVICH [email protected]
  77. MAGISTRATE'S DECISION(53375481) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  78. MAGISTRATE'S DECISION(53375480) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  79. MAGISTRATE'S DECISION(53375479) SENT BY EMAIL. TO: ANDREW YARGER [email protected]
  80. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  81. CASE CALLED FOR HEARING. ONLY COUNSEL FOR PLAINTIFF APPEARED. NO COURT REPORTER BUT DIGITIALLY RECORDED. AT THE HEARING, PLAINTIFF'S COUNSEL PRESENTED THE ORIGINAL NOTE, RESOLVING ANY ISSUES RAISED BY THE MAGISTRATE AT THE PREVIOUSLY SCHEDULED DEFAULT HEARING. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISON TO ISSUE. NOTICE ISSUED
  82. NOTICE FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  83. DEFAULT HEARING SET FOR 03/20/2024 AT 09:00 AM. THIS MATTER IS SET FOR AN IN PERSON CASE MANAGEMENT CONFERENCE. ALL PARTIES AND COUNSEL ARE TO REPORT TO THE 6TH FLOOR OF COURTHOUSE SQUARE, 310 WEST. LAKESIDE AVENUE., CLEVELAND, OHIO 44113. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST 14 DAYS PRIOR TO THE HEARING. NOTICE ISSUED
  84. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 01/17/2024, IS HELD IN ABEYANCE. NOTICE ISSUED
  85. CASE CALLED FOR HEARING. ONLY COUNSEL FOR PLAINTIFF APPEARED. NO COURT REPORTER BUT DIGITIALLY RECORDED. THE MAGISTRATE EXPRESSED CONCERNS REGARDING PLAINTIFF'S ABILITY TO PROSECUTE THIS CASE ON THE NOTE AND MORTGAGE GIVEN HIS REVIEW OF THE THOSE DOCUMENTS. THE DEFAULT HEARING IS CONTINUED AND WILL BE RESET FOR AN IN PERSON HEARING BY SEPARATE ORDER. THE MOTION FOR DEFAULT JUDGMENT IS MARKED HELD IN ABEYANCE. NOTICE ISSUED
  86. NOTICE FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  87. TELEPHONE DEFAULT HEARING SET FOR 02/14/2024 AT 09:00 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
  88. THE COMBINED ANSWER OF GREEN APPLE CONSTRUCTION LLC AND BINYAMIN ALFASI FILED JANUARY 17, 2024 ARE HEREBY STRICKEN FOR BEING FILED OUT OF TIME AND WITHOUT LEAVE OF COURT. NOTICE ISSUED
  89. ANSWER FILED BY DEFENDANT(S) GREEN APPLE CONSTRUCTION, LLC(D1) and BINYAMIN ALFASI(D2) ATTORNEY ANDREW YARGER 0086919 ANSWER OF DEFENDANTS GREEN APPLE CONSTRUCTION LLC AND BINYAMIN ALFASI
  90. GENERAL PLEADING FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  91. AFFIDAVIT FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY
  92. AFFIDAVIT FILED BY P1 HOF GRANTOR TRUST 3 ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  93. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 02/14/2024 - HELD IN ABEYANCE
  94. USPS RECEIPT NO. 52192127 DELIVERED BY USPS 12/19/2023 AUREUS FINANCE GROUP, LLC PROCESSED BY COC 01/03/2024.
  95. ANSWER FILED BY DEFENDANT(S) CITY OF CLEVELAND - DEPARTMENT OF BUILDING AND HOUSING(D4) and CLEVELAND LANDMARKS COMMISSION(D6) ATTORNEY RICHARD BERTOVICH 0059434 DEFENDANT CITY OF CLEVELAND DISCLAIMING INTEREST
  96. CERTIFIED MAIL RECEIPT NO. 52289725 RETURNED BY U.S. MAIL DEPARTMENT 11/09/2023 GREEN APPLE CONSTRUCTION, LLC MAIL RECEIVED AT ADDRESS 11/15/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  97. USPS RECEIPT NO. 52192125 DELIVERED BY USPS 10/30/2023 POVOLOTSKY/EUGENE / PROCESSED BY COC 11/08/2023.
  98. CERTIFIED MAIL RECEIPT NO. 52192124 RETURNED BY U.S. MAIL DEPARTMENT 10/30/2023 ALFASI/BINYAMIN / MAIL RECEIVED AT ADDRESS 11/08/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  99. SUMS COMPLAINT(52289725) SENT BY CERTIFIED MAIL. TO: GREEN APPLE CONSTRUCTION, LLC C/O BINYAMIN ALFASI 24127 EAST OAKLAND ROAD BAY VILLAGE, OH 44140-0000
  100. SUMMONS E-FILE COPY COST
  101. WRIT FEE
  102. REQUEST FOR SERVICE FILED REISSUE CERTIFIED MAIL
  103. CERTIFIED MAIL RECEIPT NO. 52192123 RETURNED 10/30/2023 FAILURE OF SERVICE ON DEFENDANT GREEN APPLE CONSTRUCTION, LLC - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  104. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  105. SUMS COMPLAINT(52192128) SENT BY CERTIFIED MAIL. TO: CLEVELAND LANDMARKS COMMISSION 601 LAKESIDE AVENUE ROOM 519 CLEVELAND, OH 44114
  106. SUMS COMPLAINT(52192127) SENT BY CERTIFIED MAIL. TO: AUREUS FINANCE GROUP, LLC 515 MARIN STREET, SUITE 316 THOUSAND OAKS, CA 91560
  107. SUMS COMPLAINT(52192126) SENT BY CERTIFIED MAIL. TO: CITY OF CLEVELAND - DEPARTMENT OF BUILDING AND HOUSING 601 LAKESIDE AVENUE ROOM 517 CLEVELAND, OH 44114
  108. SUMS COMPLAINT(52192125) SENT BY CERTIFIED MAIL. TO: EUGENE POVOLOTSKY 12520 EDGEWATER DRIVE APT. 709 LAKEWOOD, OH 44107
  109. SUMS COMPLAINT(52192124) SENT BY CERTIFIED MAIL. TO: BINYAMIN ALFASI 24127 EAST OAKLAND ROAD BAY VILLAGE, OH 44140
  110. SUMS COMPLAINT(52192123) SENT BY CERTIFIED MAIL. TO: GREEN APPLE CONSTRUCTION, LLC 19885 DETROIT ROAD SUITE 270 ROCKY RIVER, OH 44116
  111. 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
  112. 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
  113. WRIT FEE
  114. SUMMONS E-FILE COPY COST
  115. SUMMONS E-FILE COPY COST
  116. SUMMONS E-FILE COPY COST
  117. SUMMONS E-FILE COPY COST
  118. WRIT FEE
  119. WRIT FEE
  120. WRIT FEE
  121. SUMMONS E-FILE COPY COST
  122. SUMMONS E-FILE COPY COST
  123. WRIT FEE
  124. WRIT FEE
  125. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  126. SPECIAL PROJECTS FUND FEE
  127. LEGAL RESEARCH
  128. LEGAL NEWS
  129. LEGAL AID
  130. COMPUTER FEE
  131. CLERK'S FEE
  132. DEPOSIT AMOUNT PAID TED A HUMBERT
  133. DEPOSIT AMOUNT PAID TED A HUMBERT

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