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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-26
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 79 entries

Parties

Plaintiff Lakeview Loan Servicing Llc C/o Flagstar Bank Na
Defendant Miriam Colon|Hector Rodriguez|Unk. Spouse Of Miriam Colon, If Any|Yeidy Laracuente Rios
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. 52251153 ON 11/17/2023 I SERVED THE WITHIN NAMED RIOS/YEIDY/LARACUENTE BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  3. CERTIFIED MAIL RECEIPT NO. 52249906 RETURNED 11/03/2023 FAILURE OF SERVICE ON DEFENDANT RODRIGUEZ/HECTOR/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  4. JUDGMENT ENTRY(52402202) SENT BY REGULAR MAIL SERVICE. TO: YEIDY LARACUENTE RIOS 1914 MASON DR PARMA, OH 44134
  5. JUDGMENT ENTRY(52402201) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF MIRIAM COLON, IF ANY 1914 MASON DR PARMA, OH 44134
  6. JUDGMENT ENTRY(52402200) SENT BY REGULAR MAIL SERVICE. TO: HECTOR RODRIGUEZ 1914 MASON DR PARMA, OH 44134
  7. JUDGMENT ENTRY(52402199) SENT BY REGULAR MAIL SERVICE. TO: MIRIAM COLON 1914 MASON DR PARMA, OH 44134
  8. 52251151 ON 11/14/2023 THE WITHIN NAMED UNK. SPOUSE OF MIRIAM COLON, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  9. 52251147 ON 11/14/2023 THE WITHIN NAMED COLON/MIRIAM/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  10. 52251150 ON 11/13/2023 THE WITHIN NAMED RODRIGUEZ/HECTOR/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  11. JUDGMENT ENTRY(52402198) SENT BY EMAIL. TO: STACEY M PIEPMEIER [email protected]
  12. JUDGMENT ENTRY(52402197) SENT BY EMAIL. TO: STACEY M PIEPMEIER [email protected]
  13. JUDGMENT ENTRY(52402196) SENT BY EMAIL. TO: JEFFREY R. HELMS [email protected]
  14. JUDGMENT ENTRY(52402195) SENT BY EMAIL. TO: JEFFREY R. HELMS [email protected]
  15. 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
  16. 52251152 ON 11/09/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE OF MIRIAM COLON, IF ANY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  17. 52251148 ON 11/09/2023 I SERVED THE WITHIN NAMED COLON/MIRIAM/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  18. MOTION TO DISMISS FILED PLAINTIFF'S MOTION TO DISMISS COMPLAINT PURSUANT TO CIVIL RULE 41(A)(2) 11/17/2023 - GRANTED
  19. USPS RECEIPT NO. 52249909 DELIVERED BY USPS 11/03/2023 RIOS/YEIDY/LARACUENTE PROCESSED BY COC 11/08/2023.
  20. USPS RECEIPT NO. 52249908 DELIVERED BY USPS 11/03/2023 UNK. SPOUSE OF MIRIAM COLON, IF ANY PROCESSED BY COC 11/08/2023.
  21. USPS RECEIPT NO. 52249907 DELIVERED BY USPS 11/03/2023 UNK. SPOUSE OF MIRIAM COLON, IF ANY PROCESSED BY COC 11/08/2023.
  22. USPS RECEIPT NO. 52249905 DELIVERED BY USPS 11/03/2023 RODRIGUEZ/HECTOR/ PROCESSED BY COC 11/08/2023.
  23. USPS RECEIPT NO. 52249904 DELIVERED BY USPS 11/03/2023 COLON/MIRIAM/ PROCESSED BY COC 11/08/2023.
  24. USPS RECEIPT NO. 52249903 DELIVERED BY USPS 11/03/2023 COLON/MIRIAM/ PROCESSED BY COC 11/08/2023.
  25. CERTIFIED MAIL RECEIPT NO. 52249906 RETURNED 11/3/2023 FAILURE OF SERVICE ON DEFENDANT RODRIGUEZ/HECTOR/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  26. SUMS COMPLAINT(52249909) SENT BY CERTIFIED MAIL. TO: YEIDY LARACUENTE RIOS 1914 MASON DR PARMA, OH 44134
  27. SUMS COMPLAINT(52249908) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF MIRIAM COLON, IF ANY 3344 W 88TH ST APT DN CLEVELAND, OH 44102-0000
  28. SUMS COMPLAINT(52249907) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF MIRIAM COLON, IF ANY 1914 MASON DR PARMA, OH 44134
  29. SUMS COMPLAINT(52249906) SENT BY CERTIFIED MAIL. TO: HECTOR RODRIGUEZ 6005 COMMANCHE CT APT H CLEVELAND, OH 44130-0000
  30. SUMS COMPLAINT(52249905) SENT BY CERTIFIED MAIL. TO: HECTOR RODRIGUEZ 1914 MASON DR PARMA, OH 44134
  31. SUMS COMPLAINT(52249904) SENT BY CERTIFIED MAIL. TO: MIRIAM COLON 3344 W 88TH ST APT DN CLEVELAND, OH 44102-0000
  32. SUMS COMPLAINT(52249903) SENT BY CERTIFIED MAIL. TO: MIRIAM COLON 1914 MASON DR PARMA, OH 44134
  33. SUMS COMPLAINT(52251153) SENT BY SPECIAL PROCESS SERVER. TO: YEIDY LARACUENTE RIOS 1914 MASON DR PARMA, OH 44134
  34. SUMS COMPLAINT(52251152) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF MIRIAM COLON, IF ANY 3344 W 88TH ST APT DN CLEVELAND, OH 44102-0000
  35. SUMS COMPLAINT(52251151) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF MIRIAM COLON, IF ANY 1914 MASON DR PARMA, OH 44134
  36. SUMS COMPLAINT(52251150) SENT BY SPECIAL PROCESS SERVER. TO: HECTOR RODRIGUEZ 6005 COMMANCHE CT APT H CLEVELAND, OH 44130-0000
  37. SUMS COMPLAINT(52251149) SENT BY SPECIAL PROCESS SERVER. TO: HECTOR RODRIGUEZ 1914 MASON DR PARMA, OH 44134
  38. SUMS COMPLAINT(52251148) SENT BY SPECIAL PROCESS SERVER. TO: MIRIAM COLON 3344 W 88TH ST APT DN CLEVELAND, OH 44102-0000
  39. SUMS COMPLAINT(52251147) SENT BY SPECIAL PROCESS SERVER. TO: MIRIAM COLON 1914 MASON DR PARMA, OH 44134
  40. SUMMONS E-FILE COPY COST
  41. WRIT FEE
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. SUMMONS E-FILE COPY COST
  48. WRIT FEE
  49. WRIT FEE
  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. WRIT FEE
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. SUMMONS E-FILE COPY COST
  64. SUMMONS E-FILE COPY COST
  65. SUMMONS E-FILE COPY COST
  66. WRIT FEE
  67. WRIT FEE
  68. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  69. 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
  70. 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
  71. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  72. SPECIAL PROJECTS FUND FEE
  73. LEGAL RESEARCH
  74. LEGAL NEWS
  75. LEGAL AID
  76. COMPUTER FEE
  77. CLERK'S FEE
  78. DEPOSIT AMOUNT PAID JEFFREY R. HELMS
  79. DEPOSIT AMOUNT PAID JEFFREY R. HELMS

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