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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-23
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 86 entries

Parties

Plaintiff Citizens Bank, Na Fka Rbs Citizens, Na
Defendant Robert L Kirkman|Unk. Spouse, If Any, Of Robert L. Kirkman|Robert Kirkman Jr|Unk. Spouse, If Any, Of Robert Kirkman, Jr.|Lonnell Kirkman|Unk. Spouse, If Any, Of Lonnell Kirkman|Romell Kirkman|Unk. Spouse, If Any, Of Romell Kirkman|Unknown Tenants Occupants, If Any, Of
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 W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. JUDGMENT ENTRY(52527701) SENT BY REGULAR MAIL SERVICE. TO: ROMELL KIRKMAN 110 AVALON DRIVE BEDFORD, OH 44146
  3. JUDGMENT ENTRY(52527700) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE, IF ANY, OF LONNELL KIRKMAN 26900 GEORGE ZEIGER DRIVE #220 BEACHWOOD, OH 44122
  4. JUDGMENT ENTRY(52527699) SENT BY REGULAR MAIL SERVICE. TO: LONNELL KIRKMAN 26900 GEORGE ZEIGER DRIVE #220 BEACHWOOD, OH 44122
  5. JUDGMENT ENTRY(52527698) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE, IF ANY, OF ROBERT KIRKMAN, JR. 73 SOLON ROAD BEDFORD, OH 44146
  6. JUDGMENT ENTRY(52527697) SENT BY REGULAR MAIL SERVICE. TO: ROBERT KIRKMAN 73 SOLON ROAD BEDFORD, OH 44146
  7. JUDGMENT ENTRY(52527696) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE, IF ANY, OF ROBERT L. KIRKMAN 10300 UNION AVENUE CLEVELAND, OH 44105
  8. JUDGMENT ENTRY(52527695) SENT BY REGULAR MAIL SERVICE. TO: ROBERT L KIRKMAN 10300 UNION AVENUE CLEVELAND, OH 44105
  9. JUDGMENT ENTRY(52527694) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  10. 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
  11. MOTION TO DISMISS FILED MOTION TO DISMISS COMPLAINT, WITHOUT PREJUDICE 12/06/2023 - GRANTED
  12. CERTIFIED MAIL RECEIPT NO. 52221316 RETURNED 12/2/2023 FAILURE OF SERVICE ON DEFENDANT UNKNOWN TENANTS OCCUPANTS, IF ANY, OF - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  13. CERTIFIED MAIL RECEIPT NO. 52221302 RETURNED 11/16/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE, IF ANY, OF ROBERT L. KIRKMAN - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  14. CERTIFIED MAIL RECEIPT NO. 52221300 RETURNED 11/16/2023 FAILURE OF SERVICE ON DEFENDANT KIRKMAN/ROBERT/L - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  15. USPS RECEIPT NO. 52221314 DELIVERED BY USPS 10/31/2023 UNK. SPOUSE, IF ANY, OF ROMELL KIRKMAN PROCESSED BY COC 11/08/2023.
  16. USPS RECEIPT NO. 52221312 DELIVERED BY USPS 10/31/2023 KIRKMAN /ROMELL/ PROCESSED BY COC 11/08/2023.
  17. USPS RECEIPT NO. 52221308 DELIVERED BY USPS 10/30/2023 KIRKMAN /LONNELL / PROCESSED BY COC 11/08/2023.
  18. USPS RECEIPT NO. 52221306 DELIVERED BY USPS 10/30/2023 UNK. SPOUSE, IF ANY, OF ROBERT KIRKMAN, JR. PROCESSED BY COC 11/08/2023.
  19. USPS RECEIPT NO. 52221304 DELIVERED BY USPS 10/30/2023 KIRKMAN JR/ROBERT/ PROCESSED BY COC 11/08/2023.
  20. USPS RECEIPT NO. 52221310 DELIVERED BY USPS 10/30/2023 UNK. SPOUSE, IF ANY, OF LONNELL KIRKMAN PROCESSED BY COC 11/08/2023.
  21. SUMS COMPLAINT(52221316) SENT BY CERTIFIED MAIL. TO: UNKNOWN TENANTS OCCUPANTS, IF ANY, OF 23505 COMSTOCK ROAD BEDFORD, OH 44146
  22. SUMS COMPLAINT(52221314) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE, IF ANY, OF ROMELL KIRKMAN 110 AVALON DRIVE BEDFORD, OH 44146
  23. SUMS COMPLAINT(52221312) SENT BY CERTIFIED MAIL. TO: ROMELL KIRKMAN 110 AVALON DRIVE BEDFORD, OH 44146
  24. SUMS COMPLAINT(52221310) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE, IF ANY, OF LONNELL KIRKMAN 26900 GEORGE ZEIGER DRIVE #220 BEACHWOOD, OH 44122
  25. SUMS COMPLAINT(52221308) SENT BY CERTIFIED MAIL. TO: LONNELL KIRKMAN 26900 GEORGE ZEIGER DRIVE #220 BEACHWOOD, OH 44122
  26. SUMS COMPLAINT(52221306) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE, IF ANY, OF ROBERT KIRKMAN, JR. 73 SOLON ROAD BEDFORD, OH 44146
  27. SUMS COMPLAINT(52221304) SENT BY CERTIFIED MAIL. TO: ROBERT KIRKMAN JR 73 SOLON ROAD BEDFORD, OH 44146
  28. SUMS COMPLAINT(52221302) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE, IF ANY, OF ROBERT L. KIRKMAN 10300 UNION AVENUE CLEVELAND, OH 44105
  29. SUMS COMPLAINT(52221300) SENT BY CERTIFIED MAIL. TO: ROBERT L KIRKMAN 10300 UNION AVENUE CLEVELAND, OH 44105
  30. SUMS COMPLAINT(52221315) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN TENANTS OCCUPANTS, IF ANY, OF 23505 COMSTOCK ROAD BEDFORD, OH 44146
  31. SUMS COMPLAINT(52221313) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE, IF ANY, OF ROMELL KIRKMAN 110 AVALON DRIVE BEDFORD, OH 44146
  32. SUMS COMPLAINT(52221311) SENT BY SPECIAL PROCESS SERVER. TO: ROMELL KIRKMAN 110 AVALON DRIVE BEDFORD, OH 44146
  33. SUMS COMPLAINT(52221309) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE, IF ANY, OF LONNELL KIRKMAN 26900 GEORGE ZEIGER DRIVE #220 BEACHWOOD, OH 44122
  34. SUMS COMPLAINT(52221307) SENT BY SPECIAL PROCESS SERVER. TO: LONNELL KIRKMAN 26900 GEORGE ZEIGER DRIVE #220 BEACHWOOD, OH 44122
  35. SUMS COMPLAINT(52221305) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE, IF ANY, OF ROBERT KIRKMAN, JR. 73 SOLON ROAD BEDFORD, OH 44146
  36. SUMS COMPLAINT(52221303) SENT BY SPECIAL PROCESS SERVER. TO: ROBERT KIRKMAN JR 73 SOLON ROAD BEDFORD, OH 44146
  37. SUMS COMPLAINT(52221301) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE, IF ANY, OF ROBERT L. KIRKMAN 10300 UNION AVENUE CLEVELAND, OH 44105
  38. SUMS COMPLAINT(52221299) SENT BY SPECIAL PROCESS SERVER. TO: ROBERT L KIRKMAN 10300 UNION AVENUE CLEVELAND, OH 44105
  39. SUMMONS E-FILE COPY COST
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. WRIT FEE
  44. WRIT FEE
  45. WRIT FEE
  46. WRIT FEE
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. WRIT FEE
  51. WRIT FEE
  52. WRIT FEE
  53. WRIT FEE
  54. SUMMONS E-FILE COPY COST
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. WRIT FEE
  64. SUMMONS E-FILE COPY COST
  65. SUMMONS E-FILE COPY COST
  66. SUMMONS E-FILE COPY COST
  67. SUMMONS E-FILE COPY COST
  68. WRIT FEE
  69. WRIT FEE
  70. WRIT FEE
  71. SUMMONS E-FILE COPY COST
  72. SUMMONS E-FILE COPY COST
  73. WRIT FEE
  74. WRIT FEE
  75. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  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 JOHNA M BELLA
  86. DEPOSIT AMOUNT PAID JOHNA M BELLA

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