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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-27
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 139 entries

Parties

Plaintiff Citizens Bank, Na Fka Rbs Citizens, Na, Fka Citizens Bank, Na, Sbmt Cco Mortgage Corp.
Defendant Anderson Small|Gloria Small|Capital One Bank (usa) Na|Kimberly D. Small|The Unknown Spouse, If Any, Of Kimberly D. Small|Stacie Cole|The Unknown Spouse, If Any, Of Stacie Cole|The Unknown Tenants Occupants, If Any, Of|Unknown Spouse,creditors, Executors, Executrices Administrators, Heirs At Law Next Of Kin, Devisees, Legatees, And/or Assigns And Their Spouses, Creditors,etc. If Any Of Anderson Small Aka Anderson O'dellsmall|Unknown Spouse Creditors, Executors, Executrices Admiinstrators Heris At Law, Next Of Kin, Devisees, Legatees, And/or Assigns, Heirs, Etc. If Any Of Gloria Small Aka Cloria D. Small
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. DEPOSIT REQUIRED FOR COURT COST TO CLERK $168.23 SHERIFF
  3. TO COURT: 12/30/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: CITIZENS BANK, NA ........................................................................................... FOR $10,000.00 DATE OF SALE 09/09/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  4. JUDGMENT ENTRY(55083015) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN TENANTS-OCCUPANTS, IF ANY, OF 519 EAST 103RD STREET CLEVELAND, OH 44108-0000
  5. JUDGMENT ENTRY(55083014) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  6. JUDGMENT ENTRY(55083013) SENT BY REGULAR MAIL SERVICE. TO: STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  7. JUDGMENT ENTRY(55083012) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  8. JUDGMENT ENTRY(55083011) SENT BY REGULAR MAIL SERVICE. TO: KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  9. JUDGMENT ENTRY(55083010) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK (USA) NA ATTN: 63001-0125 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238
  10. JUDGMENT ENTRY(55083009) SENT BY REGULAR MAIL SERVICE. TO: GLORIA SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  11. JUDGMENT ENTRY(55083008) SENT BY REGULAR MAIL SERVICE. TO: ANDERSON SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  12. JUDGMENT ENTRY(55083007) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  13. DECREE OF CONFIRMATION (Parcel(s) #10810056) 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 CITIZENS BANK, NA 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  14. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $641.20 PREPAID TO LEGAL NEWS.
  15. OOS ORDER OF SALE RETURNED 9/11/2024, SOLD DATE 9/9/2024 SOLD TO: CITIZENS BANK, NA FOR $10,000.00
  16. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF SHERIFF'S SALE
  17. CERTIFIED MAIL RECEIPT NO. 52708468 RETURNED 02/02/2024 FAILURE OF SERVICE ON DEFENDANT SMALL/KIMBERLY/D. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  18. RECORDER'S FEE $1.00
  19. CERTIFICATE OF TITLE $610.00 PAY TO CITIZENS BANK, NA
  20. 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: THOMAS P HOGAN, APPRAISAL COST: $50 REGULAR FEE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $52.83 REGULAR FEE AND MILEAGE. JOHN F LENEHAN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-987678 DATED THIS 6th DAY OF AUGUST, 2024 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  21. LAND APPRAISAL OOS, FILED.
  22. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 108-10-056
  23. REAL AUCTION
  24. DEPOSIT AMOUNT PAID JOHNA M BELLA
  25. PRAECIPE FOR ORDER OF SALE $820
  26. JUDGMENT ENTRY(54361504) SENT BY REGULAR MAIL SERVICE. TO: ANDERSON SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  27. JUDGMENT ENTRY(54361503) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN TENANTS-OCCUPANTS, IF ANY, OF 519 EAST 103RD STREET CLEVELAND, OH 44108-0000
  28. JUDGMENT ENTRY(54361502) SENT BY REGULAR MAIL SERVICE. TO: STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  29. JUDGMENT ENTRY(54361501) SENT BY REGULAR MAIL SERVICE. TO: KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  30. JUDGMENT ENTRY(54361500) SENT BY REGULAR MAIL SERVICE. TO: GLORIA SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  31. JUDGMENT ENTRY(54361499) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK (USA) NA ATTN: 63001-0125 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238
  32. JUDGMENT ENTRY(54361498) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  33. JUDGMENT ENTRY(54361496) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  34. JUDGMENT ENTRY(54361494) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  35. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  36. MAGISTRATE'S DECISION(54177853) SENT BY REGULAR MAIL SERVICE. TO: STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  37. MAGISTRATE'S DECISION(54177852) SENT BY REGULAR MAIL SERVICE. TO: KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  38. MAGISTRATE'S DECISION(54177851) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK (USA) NA ATTN: 63001-0125 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238
  39. MAGISTRATE'S DECISION(54177850) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  40. MAGISTRATE'S DECISION(54177849) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  41. MAGISTRATE'S DECISION(54177847) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  42. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  43. DEFAULT HEARING HELD. ATTORNEY FOSTER APPEARED ON BEHALF OF THE PLAINTIFF. DEFENDANTS DID NOT PARTICIPATE. MAGISTRATE'S DECISION TO BE FILED AND ISSUED SEPARATELY. NOTICE ISSUED
  44. CERTIFIED MAIL RECEIPT NO. 52708469 RETURNED 02/02/2024 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  45. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AS TO MILITARY SERVICE
  46. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 ATTORNEY AFFIDAVIT
  47. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  48. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 06/25/2024 AT 10:30AM BEFORE MAGISTRATE JIM L JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  49. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING PROPOSED JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION
  50. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING FINAL JUDICIAL REPORT
  51. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AND ACKNOWLEGEMENT OF STATUS OF MORTGAGE LOAN ACCOUNT
  52. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AS TO MILITARY SERVICE
  53. MOTION FOR DEFAULT JUDGMENT 06/28/2024 - GRANTED
  54. LEGAL NEWS ABSTRACT
  55. PROOF OF PUBLICATION FILED $929.60 - LEGAL NEWS FEE $250.00
  56. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $679.60
  57. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT THE UNKNOWN TENANTS-OCCUPANTS IF ANY OF 519 EAST 103RD STREET, CLEVELAND, OHIO 44108, ONLY, WITHOUT PREJUDICE
  58. 53325381 ON 04/10/2024 I SERVED THE WITHIN NAMED SMALL/KIMBERLY/D. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  59. 53325382 ON 04/10/2024 I SERVED THE WITHIN NAMED THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  60. 53325383 ON 04/02/2024 THE WITHIN NAMED THE UNKNOWN TENANTS-OCCUPANTS, IF ANY, OF WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  61. CERTIFIED MAIL RECEIPT NO. 52708472 RETURNED 01/23/2024 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN TENANTS/OCCUPANTS, IF ANY, OF - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  62. SUPPLEMENTAL COMPLAINT(53325383) SENT BY SPECIAL PROCESS SERVER. TO: THE UNKNOWN TENANTS-OCCUPANTS, IF ANY, OF 519 EAST 103RD STREET CLEVELAND, OH 44108-0000
  63. SUPPLEMENTAL COMPLAINT(53325382) SENT BY SPECIAL PROCESS SERVER. TO: THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  64. SUPPLEMENTAL COMPLAINT(53325381) SENT BY SPECIAL PROCESS SERVER. TO: KIMBERLY D. SMALL 9620 ALEXANDER ROAD GARFIELD HEIGHTS, OH 44125-0000
  65. SUMMONS E-FILE COPY COST
  66. SUMMONS E-FILE COPY COST
  67. WRIT FEE
  68. WRIT FEE
  69. WRIT FEE
  70. SUMMONS E-FILE COPY COST
  71. DEPOSIT AMOUNT PAID JOHNA M BELLA
  72. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250
  73. DEPOSIT AMOUNT PAID JOHNA M BELLA
  74. SUPPLEMENTAL COMPLAINT $75
  75. LEGAL NEWS ABSTRACT
  76. PROOF OF PUBLICATION FILED $929.60 - LEGAL NEWS FEE $250.00
  77. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $679.60
  78. CERTIFIED MAIL RECEIPT NO. 52708469 RETURNED 2/2/2024 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  79. CERTIFIED MAIL RECEIPT NO. 52708468 RETURNED 2/2/2024 FAILURE OF SERVICE ON DEFENDANT SMALL/KIMBERLY/D. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  80. CERTIFIED MAIL RECEIPT NO. 52708472 RETURNED 1/23/2024 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN TENANTS/OCCUPANTS, IF ANY, OF - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  81. USPS RECEIPT NO. 52708473 DELIVERED BY USPS 01/08/2024 CAPITAL ONE BANK (USA) NA PROCESSED BY COC 01/17/2024.
  82. USPS RECEIPT NO. 52708471 DELIVERED BY USPS 01/09/2024 THE UNKNOWN SPOUSE, IF ANY, OF STACIE COLE PROCESSED BY COC 01/17/2024.
  83. USPS RECEIPT NO. 52708470 DELIVERED BY USPS 01/08/2024 COLE/STACIE/ PROCESSED BY COC 01/17/2024.
  84. SUMS AMENDED COMPLNT(52708473) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK (USA) NA ATTN: 63001-0125 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238
  85. SUMS AMENDED COMPLNT(52708472) SENT BY CERTIFIED MAIL. TO: OCCUPANTS, IF ANY, OF THE UNKNOWN TENANTS 519 EAST 103RD STREET CLEVELAND, OH 44108-0000
  86. SUMS AMENDED COMPLNT(52708471) SENT BY CERTIFIED MAIL. TO: THE UNKNOWN SPOUSE, IF ANY, OF STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  87. SUMS AMENDED COMPLNT(52708470) SENT BY CERTIFIED MAIL. TO: STACIE COLE 4813 EAST 174TH STREET CLEVELAND, OH 44128-0000
  88. SUMS AMENDED COMPLNT(52708469) SENT BY CERTIFIED MAIL. TO: THE UNKNOWN SPOUSE, IF ANY, OF KIMBERLY D. SMALL 9620 ALEXANDER ROAD CLEVELAND, OH 44125-0000
  89. SUMS AMENDED COMPLNT(52708468) SENT BY CERTIFIED MAIL. TO: KIMBERLY D. SMALL 9620 ALEXANDER ROAD CLEVELAND, OH 44125-0000
  90. DEPOSIT AMOUNT PAID JOHNA M BELLA
  91. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250
  92. SUMMONS E-FILE COPY COST
  93. SUMMONS E-FILE COPY COST
  94. WRIT FEE
  95. WRIT FEE
  96. WRIT FEE
  97. SUMMONS E-FILE COPY COST
  98. SUMMONS E-FILE COPY COST
  99. SUMMONS E-FILE COPY COST
  100. SUMMONS E-FILE COPY COST
  101. WRIT FEE
  102. WRIT FEE
  103. WRIT FEE
  104. DEPOSIT AMOUNT PAID JOHNA M BELLA
  105. AMENDED COMPLAINT $75
  106. PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, FILED 12/08/2023, IS GRANTED. PLAINTIFF HAS 21 DAYS FROM THE DATE OF THIS ORDER TO FILE THE AMENDED COMPLAINT, AS PROPOSED. NOTICE ISSUED
  107. MOTION FILED FOR P1 CITIZENS BANK, NA JOHNA M BELLA 0034567 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT 12/21/2023 - GRANTED
  108. 52249026 ON 11/16/2023 THE WITHIN NAMED SMALL/GLORIA / WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  109. 52249027 ON 11/16/2023 THE WITHIN NAMED SMALL /ANDERSON/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  110. USPS RECEIPT NO. 52248657 DELIVERED BY USPS 11/06/2023 CAPITAL ONE BANK (USA) NA PROCESSED BY COC 11/15/2023.
  111. CERTIFIED MAIL RECEIPT NO. 52248656 RETURNED 11/3/2023 FAILURE OF SERVICE ON DEFENDANT SMALL/GLORIA / - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  112. CERTIFIED MAIL RECEIPT NO. 52248655 RETURNED 11/3/2023 FAILURE OF SERVICE ON DEFENDANT SMALL /ANDERSON/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  113. SUMS COMPLAINT(52248657) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK (USA) NA ATTN: 63001-0125 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238
  114. SUMS COMPLAINT(52248656) SENT BY CERTIFIED MAIL. TO: GLORIA SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  115. SUMS COMPLAINT(52248655) SENT BY CERTIFIED MAIL. TO: ANDERSON SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  116. SUMS COMPLAINT(52249027) SENT BY SPECIAL PROCESS SERVER. TO: ANDERSON SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  117. SUMS COMPLAINT(52249026) SENT BY SPECIAL PROCESS SERVER. TO: GLORIA SMALL 519 EAST 103RD STREET CLEVELAND, OH 44108
  118. SUMMONS E-FILE COPY COST
  119. SUMMONS E-FILE COPY COST
  120. WRIT FEE
  121. WRIT FEE
  122. SUMMONS E-FILE COPY COST
  123. SUMMONS E-FILE COPY COST
  124. WRIT FEE
  125. WRIT FEE
  126. SUMMONS E-FILE COPY COST
  127. WRIT FEE
  128. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  129. 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
  130. 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
  131. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  132. SPECIAL PROJECTS FUND FEE
  133. LEGAL RESEARCH
  134. LEGAL NEWS
  135. LEGAL AID
  136. COMPUTER FEE
  137. CLERK'S FEE
  138. DEPOSIT AMOUNT PAID JOHNA M BELLA
  139. DEPOSIT AMOUNT PAID JOHNA M BELLA

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