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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-11-13
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 142 entries

Parties

Plaintiff Newrez Llc D/b/a Shellpoint Mortgage Servicing
Defendant Unk. Spouse Of John V Lutz If Any|Susan Gonzalez|State Of Ohio Department Of Taxation|Unk. Heirs Etc. John V Lutz|Samantha Lutz|Jacqueline Sue Hanna|Jacqueline Sue Hanna, Administrator For The Estate Of John V. Lutz
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT
  2. COURT COST ASSESSED NEWREZ LLC BILL AMOUNT 1497.45 PAID AMOUNT 1471.4 AMOUNT DUE 26.05
  3. JUDGMENT ENTRY(56657255) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF JOHN V LUTZ IF ANY 3609 ARCHWOOD AVE CLEVELAND, OH 44109
  4. JUDGMENT ENTRY(56657253) SENT BY REGULAR MAIL SERVICE. TO: SUSAN GONZALEZ 313 NORTH BOTTOM ROAD BEREA, OH 44017
  5. JUDGMENT ENTRY(56657254) SENT BY EMAIL. TO: SAMANTHA LUTZ [email protected]
  6. JUDGMENT ENTRY(56657252) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  7. JUDGMENT ENTRY(56657251) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  8. JUDGMENT ENTRY(56657250) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  9. JUDGMENT ENTRY(56657249) SENT BY EMAIL. TO: MICHAEL E STINN [email protected]
  10. PLAINTIFF NEWREZ LLC'SWITHDRAW DISPOSITIVE MOTIONS AND DISMISS PLAINTIFF'S COMPLAINT, FILED 01/17/2025, 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 WITHDRAW AS COUNSEL, FILED 12/10/2024, IS GRANTED. THE CLERK OF COURT IS ORDERED TO REMOVE MICHAEL E. STINN, ESQ. AS COUNSEL FOR JACQUELINE SUNNA HANNA AND THE ESTATE OFJOHN LUTZ. NOTICE ISSUED
  12. MOTION FILED FOR P1 NEWREZ LLC CARRIE L DAVIS 0083281 PLAINTIFF'S MOTION WITHDRAW DISPOSITIVE MOTIONS AND DISMISS PLAINTIFF'S COMPLAINT
  13. MOTION TO WITHDRAW AS COUNSEL MOTION FOR PERMISSION TO WITHDRAW AS COUNSEL
  14. PLAINTIFF NEWREZ LLC'S MOTION TO STAY CASE, FILED 11/11/2024, IS GRANTED. THE COURT HAS BEEN NOTIFIED OF A LOSS MITIGATION STAY UNDER FEDERAL OR STATE LAW. THE CASE IS STAYED AND WILL BE REINSTATED ONLY UPON PROPER MOTION AFTER THE LOSS MITIGATION PROCESS HAS BEEN CONCLUDED. THE COURT NOTES THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST THE NON-ANSWERING PARTIES WAS PREVIOUSLY GRANTED. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  15. MOTION FILED FOR P1 NEWREZ LLC CARRIE L DAVIS 0083281 PLAINTIFF'S MOTION TO STAY CASE
  16. DEFAULT HEARING CALLED. PLAINTIFF AND DEFENDANT(S) JACQUELINE SUE HANNA, BOTH INDIVIDUALLY AND AS FIDUCIARY OF THE ESTATE OF JOHN V. LUTZ APPEARED THROUGH COUNSEL. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED AS TO THE NON-ANSWERING PARTIES. PLAINTIFF AND DEFENDANT(S) JACQUELINE SUE HANNA, BOTH INDIVIDUALLY AND AS FIDUCIARY OF THE ESTATE OF JOHN V. LUTZ ARE ATTEMPTING TO SETTLE. PLAINTIFF TO FILE A STATUS OF SETTLEMENT ON OR BEFORE 12/13/2024. NOTICE ISSUED
  17. NOTICE FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF DEFAULT HEARING
  18. TELEPHONE DEFAULT HEARING SET FOR 10/15/2024 AT 09:30 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST TEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE NOTICE ISSUED
  19. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  20. AFFIDAVIT FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 AFFIDAVIT
  21. AFFIDAVIT FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 AFFIDAVIT OF CARRIE L DAVIS
  22. GENERAL PLEADING FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 SUPPLEMENTAL FINAL JUDICIAL REPORT
  23. GENERAL PLEADING FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 FINAL JUDICIAL REPORT
  24. AFFIDAVIT FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 MILITARY AFFIDAVIT
  25. 53600879 ON 04/29/2024 I SERVED THE WITHIN NAMED LUTZ/SAMANTHA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  26. 53600880 ON 04/23/2024 THE WITHIN NAMED HANNA/JACQUELINE/SUE WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  27. 53600877 ON 04/23/2024 I SERVED THE WITHIN NAMED GONZALEZ/SUSAN/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  28. 53600878 ON 04/30/2024 I SERVED THE WITHIN NAMED STATE OF OHIO DEPARTMENT OF TAXATION BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  29. 53600876 ON 04/23/2024 THE WITHIN NAMED UNK. SPOUSE OF JOHN V LUTZ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  30. LEGAL NEWS ABSTRACT
  31. PROOF OF PUBLICATION FILED $564.00 - LEGAL NEWS FEE $250.00
  32. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $314.00
  33. SUMS AMENDED COMPLNT(53871459) SENT BY REGULAR MAIL SERVICE. TO: JACQUELINE SUE HANNA 3611 ARCHWOOD AVE UPPER CLEVELAND, OH 44109-0000 ANSWER DATE: 06/18/2024
  34. USPS RECEIPT NO. 53654418 DELIVERED BY USPS 05/17/2024 LUTZ/SAMANTHA/ PROCESSED BY COC 05/22/2024.
  35. SUMMONS E-FILE COPY COST
  36. WRIT FEE
  37. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY ORDINARY MAIL
  38. CERTIFIED MAIL RECEIPT NO. 53654419 RETURNED 5/15/2024 FAILURE OF SERVICE ON DEFENDANT HANNA/JACQUELINE/SUE - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  39. USPS RECEIPT NO. 53654415 DELIVERED BY USPS 05/06/2024 UNK. SPOUSE OF JOHN V LUTZ IF ANY PROCESSED BY COC 05/15/2024.
  40. USPS RECEIPT NO. 53654417 DELIVERED BY USPS 05/03/2024 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 05/08/2024.
  41. USPS RECEIPT NO. 53654416 DELIVERED BY USPS 04/30/2024 GONZALEZ/SUSAN/ PROCESSED BY COC 05/08/2024.
  42. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  43. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  44. SUMS AMENDED COMPLNT(53654419) SENT BY CERTIFIED MAIL. TO: JACQUELINE SUE HANNA 3611 ARCHWOOD AVE UPPER CLEVELAND, OH 44109-0000
  45. SUMS AMENDED COMPLNT(53654418) SENT BY CERTIFIED MAIL. TO: SAMANTHA LUTZ 25571 HWY 36 #36 CHESHIRE, OR 97419-0000
  46. SUMS AMENDED COMPLNT(53654417) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION SERVE HIGHEST OFFICER AVAILABLE 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  47. SUMS AMENDED COMPLNT(53654416) SENT BY CERTIFIED MAIL. TO: SUSAN GONZALEZ 313 NORTH BOTTOM ROAD BEREA, OH 44017
  48. SUMS AMENDED COMPLNT(53654415) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF JOHN V LUTZ IF ANY 3609 ARCHWOOD AVE CLEVELAND, OH 44109
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. WRIT FEE
  52. WRIT FEE
  53. SUMMONS E-FILE COPY COST
  54. SUMMONS E-FILE COPY COST
  55. SUMMONS E-FILE COPY COST
  56. WRIT FEE
  57. WRIT FEE
  58. WRIT FEE
  59. SUMS AMENDED COMPLNT(53600881) SENT BY SPECIAL PROCESS SERVER. TO: JACQUELINE SUE HANNA, ADMINISTRATOR FOR THE ESTATE OF JOHN V. LUTZ 3611 ARCHWOOD AVE. CLEVELAND, OH 44109-0000
  60. SUMS AMENDED COMPLNT(53600880) SENT BY SPECIAL PROCESS SERVER. TO: JACQUELINE SUE HANNA 3611 ARCHWOOD AVE. CLEVELAND, OH 44109-0000
  61. SUMS AMENDED COMPLNT(53600879) SENT BY SPECIAL PROCESS SERVER. TO: SAMANTHA LUTZ 25571 HWY 36 #36 CHESHIRE, OR 97419-0000
  62. SUMS AMENDED COMPLNT(53600878) SENT BY SPECIAL PROCESS SERVER. TO: STATE OF OHIO DEPARTMENT OF TAXATION SERVE HIGHEST OFFICER FOUND 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  63. SUMS AMENDED COMPLNT(53600877) SENT BY SPECIAL PROCESS SERVER. TO: SUSAN GONZALEZ 313 NORTH BOTTOM ROAD BEREA, OH 44017
  64. SUMS AMENDED COMPLNT(53600876) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF JOHN V LUTZ 3609 ARCHWOOD AVE CLEVELAND, OH 44109
  65. SUMMONS E-FILE COPY COST
  66. WRIT FEE
  67. SUMMONS E-FILE COPY COST
  68. SUMMONS E-FILE COPY COST
  69. SUMMONS E-FILE COPY COST
  70. SUMMONS E-FILE COPY COST
  71. SUMMONS E-FILE COPY COST
  72. WRIT FEE
  73. WRIT FEE
  74. WRIT FEE
  75. WRIT FEE
  76. WRIT FEE
  77. SUMS COMPLAINT(53600749) SENT BY SPECIAL PROCESS SERVER. TO: JACQUELINE SUE HANNA 3611 ARCHWOOD AVE. CLEVELAND, OH 44109-0000
  78. SUMS COMPLAINT(53600748) SENT BY SPECIAL PROCESS SERVER. TO: SAMANTHA LUTZ 25571 HWY 36 #36 CHESHIRE, OR 97419-0000
  79. SUMS COMPLAINT(53600747) SENT BY SPECIAL PROCESS SERVER. TO: STATE OF OHIO DEPARTMENT OF TAXATION SERVE HIGHEST OFFICER FOUND 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  80. SUMS COMPLAINT(53600746) SENT BY SPECIAL PROCESS SERVER. TO: SUSAN GONZALEZ 313 NORTH BOTTOM ROAD BEREA, OH 44017
  81. SUMS COMPLAINT(53600745) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF JOHN V LUTZ 3609 ARCHWOOD AVE CLEVELAND, OH 44109
  82. SUMMONS E-FILE COPY COST
  83. SUMMONS E-FILE COPY COST
  84. WRIT FEE
  85. WRIT FEE
  86. SUMMONS E-FILE COPY COST
  87. SUMMONS E-FILE COPY COST
  88. SUMMONS E-FILE COPY COST
  89. WRIT FEE
  90. WRIT FEE
  91. WRIT FEE
  92. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER AND CERTIFIED MAIL
  93. ANSWER FILED BY DEFENDANT(S) JACQUELINE SUE HANNA(D6) and JACQUELINE SUE HANNA, ADMINISTRATOR FOR THE ESTATE OF JOHN V. LUTZ(D7) ATTORNEY MICHAEL E STINN 0011495 ANSWER OF JACQUELINE SUE HANNA, INDIVIDUALLY AND AS FIDUCIARY OF THE ESTATE OF JOHN V. LUTZ, TO THE IN REM AMENDED COMPLAINT IN FORECLOSURE
  94. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  95. AMENDED COMPLAINT $75 IN REM AMENDED COMPLAINT IN FORECLOSURE
  96. PLAINTIFF NEWREZ LLC'S MOTION FOR LEAVE OF THE COURT TO AMEND THE COMPLAINT INSTANTER, FILED 02/22/2024, IS GRANTED. PLAINTIFF MAY FILE AN AMENDED COMPLAINT WITHIN 14 DAYS OF THE DATE OF THIS ORDER. NOTICE ISSUED
  97. MOTION FILED FOR P1 NEWREZ LLC CARRIE L DAVIS 0083281 MOTION FOR LEAVE OF THE COURT TO AMEND THE COMPLAINT INSTANTER 04/01/2024 - GRANTED
  98. 52651438 ON 01/16/2024 I SERVED THE WITHIN NAMED STATE OF OHIO DEPARTMENT OF TAXATION BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  99. 52651439 ON 12/28/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE OF JOHN V LUTZ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  100. 52651437 ON 01/10/2024 I SERVED THE WITHIN NAMED GONZALEZ/SUSAN/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  101. CERTIFIED MAIL NUMBER 52442612 ADDRESSED TO UNK. SPOUSE OF JOHN V LUTZ(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  102. D2 SUSAN GONZALEZ ANSWER FILED. PRO SE 9999999
  103. LEGAL NEWS ABSTRACT
  104. PROOF OF PUBLICATION FILED $557.40 - LEGAL NEWS FEE $250.00
  105. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $307.40
  106. ANSWER FILED BY ATTORNEY MICHAEL E STINN 0011495 ANSWER TO IN REM COMPLAINT FOR FORECLOSURE
  107. SUMS COMPLAINT(52651439) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF JOHN V LUTZ 3609 ARCHWOOD AVE CLEVELAND, OH 44109
  108. SUMS COMPLAINT(52651438) SENT BY SPECIAL PROCESS SERVER. TO: STATE OF OHIO DEPARTMENT OF TAXATION SERVE HIGHEST OFFICER FOUND 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  109. SUMS COMPLAINT(52651437) SENT BY SPECIAL PROCESS SERVER. TO: SUSAN GONZALEZ 313 NORTH BOTTOM ROAD BEREA, OH 44017
  110. SUMMONS E-FILE COPY COST
  111. SUMMONS E-FILE COPY COST
  112. SUMMONS E-FILE COPY COST
  113. WRIT FEE
  114. WRIT FEE
  115. WRIT FEE
  116. ANSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY ROBERT J BYRNE 0040299 ANSWER OF STATE OF OHIO DEPARTMENT OF TAXATION
  117. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER
  118. USPS RECEIPT NO. 52442614 DELIVERED BY USPS 12/05/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 12/13/2023.
  119. USPS RECEIPT NO. 52442613 DELIVERED BY USPS 12/05/2023 GONZALEZ/SUSAN/ PROCESSED BY COC 12/13/2023.
  120. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  121. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  122. SUMS COMPLAINT(52442614) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION SERVE HIGHEST OFFICER FOUND 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  123. SUMS COMPLAINT(52442613) SENT BY CERTIFIED MAIL. TO: SUSAN GONZALEZ 313 NORTH BOTTOM ROAD BEREA, OH 44017
  124. SUMS COMPLAINT(52442612) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF JOHN V LUTZ 3609 ARCHWOOD AVE CLEVELAND, OH 44109
  125. SUMMONS E-FILE COPY COST
  126. WRIT FEE
  127. SUMMONS E-FILE COPY COST
  128. SUMMONS E-FILE COPY COST
  129. WRIT FEE
  130. WRIT FEE
  131. 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
  132. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  133. 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
  134. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  135. SPECIAL PROJECTS FUND FEE
  136. LEGAL RESEARCH
  137. LEGAL NEWS
  138. LEGAL AID
  139. COMPUTER FEE
  140. CLERK'S FEE
  141. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  142. DEPOSIT AMOUNT PAID CARRIE L DAVIS

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