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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-02-17
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 105 entries

Parties

Plaintiff Wilmington Savings Fund Society, Fsb, As Trustee Of Juniper Mortgage Loan Trust A|Wilmington Savings Fund Society, Fsb As Trustee Of Stanwich Mortgage Loan Trust M
Defendant Donald G. Potter|Kathleen M. Potter|United States Of America, Secretary Of Housing And Urban Development|Capital One Bank, Usa, Na|Discover Bank
Photo of Hon. Mark R Majer

Judge

Hon. Mark R Majer

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. JUDGMENT ENTRY(48833192) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK, USA, NA 4851 COX ROAD GLEN ALLEN, VA 23059
  3. JUDGMENT ENTRY(48833191) SENT BY REGULAR MAIL SERVICE. TO: KATHLEEN M. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111
  4. JUDGMENT ENTRY(48833190) SENT BY REGULAR MAIL SERVICE. TO: DONALD G. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111
  5. JUDGMENT ENTRY(48833189) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  6. JUDGMENT ENTRY(48833188) SENT BY EMAIL. TO: ALEXANDER WEINBERG [email protected]
  7. JUDGMENT ENTRY(48833187) SENT BY EMAIL. TO: ALEXANDER WEINBERG [email protected]
  8. JUDGMENT ENTRY(48833186) SENT BY EMAIL. TO: SUZANNE M. GODENSWAGER [email protected]
  9. JUDGMENT ENTRY(48833185) SENT BY EMAIL. TO: SUZANNE M. GODENSWAGER [email protected]
  10. A REVIEW OF THE DOCKET REVEALS THAT ON 9/22/22, THE COURT ORDERED PLAINTIFF TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THE ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE ITS CLAIMS OR THE COMPLAINT WOULD BE DISMISSED WITHOUT PREJUDICE. AS OF THE DATE OF THIS ORDER, PLAINTIFF FAILED TO COMPLY WITH THE COURT'S 9/22/22 DISPOSITIVE MOTION ORDER. PURSUANT TO THE COURT'S 9/22/22 ORDER AND THE CASE MANAGEMENT DIRECTIVE, THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. (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. A REVIEW OF THE DOCKET REVEALS THAT PLAINTIFF HAS PERFECTED SERVICE ON ALL DEFENDANTS. PLAINTIFF IS ORDERED TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE THE CASE, UPDATED TITLEWORK, AND ANY NECESSARY AFFIDAVITS. FAILURE TO COMPLY WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  12. SUMS COMPLAINT(48414267) SENT BY REGULAR MAIL SERVICE. TO: DONALD G. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111 ANSWER DATE: 09/21/2022
  13. SUMMONS E-FILE COPY COST
  14. WRIT FEE
  15. REQUEST FOR SERVICE FILED ORDINARY MAIL SERVICE
  16. TELEPHONE DEFAULT HEARING HELD BY MAGISTRATE ON 8/17/22. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS DENIED, AS PLAINTIFF FAILED TO PROPERLY PERFECT SERVICE ON DEFENDANT DONALD G. POTTER PRIOR TO FILING ITS DISPOSITIVE MOTION. SPECIFICALLY, PLAINTIFF ATTEMPTED TO SERVE THE DEFENDANT BY PUBLICATION, EVEN THOUGH SUMMONS SENT BY CERTIFIED MAIL WERE RETURNED AS "REFUSED" AND PLAINTIFF DID NOT ATTEMPT SERVICE AT THE SAME ADDRESS VIA ORDINARY MAIL. RULE 4.4 STATES, "IF SERVICE CANNOT BE EFFECTED UNDER THE PROVISIONS OF THIS SUBDIVISION OR CIV.R. 4.6(C) OR CIV.R. 4.6(D), SERVICE OF PROCESS SHALL PROCEED BY PUBLICATION". PLAINTIFF IS GRANTED LEAVE OF FORTY-FIVE (45) DAYS FROM THE DATE OF THIS ORDER TO PROPERLY PERFECT SERVICE ON DEFENDANT DONALD G. POTTER IN ACCORDANCE WITH THE RELEVANT OHIO RULES OF CIVIL PROCEDURE; IF ORDINARY MAIL SERVICE IS ATTEMPTED AND RETURNED AS UNSUCCESSFUL, THE COURT WILL CONSIDER RATIFICATION OF PLAINTIFF'S SERVICE BY PUBLICATION ON THE DEFENDANT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. THE COURT WILL NOT ENTERTAIN ANY MOTIONS SEEKING EXTENSIONS OF TIME TO COMPLY WITH THIS ORDER. NOTICE ISSUED
  17. NOTICE FILED BY P2 WILMINGTON SAVINGS FUND SOCIETY, FSB ATTORNEY SUZANNE M. GODENSWAGER 0086422 NOTICE OF HEARING
  18. TELEPHONE DEFAULT HEARING SET FOR 08/17/2022 AT 03:45 PM. 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 SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  19. GENERAL PLEADING FILED BY P2 WILMINGTON SAVINGS FUND SOCIETY, FSB ATTORNEY SUZANNE M. GODENSWAGER 0086422 FINAL JUDICIAL REPORT
  20. AFFIDAVIT FILED BY P2 WILMINGTON SAVINGS FUND SOCIETY, FSB ATTORNEY SUZANNE M. GODENSWAGER 0086422 AFFIDAVIT REGARDING MILITARY STATUS
  21. AFFIDAVIT FILED BY P2 WILMINGTON SAVINGS FUND SOCIETY, FSB ATTORNEY SUZANNE M. GODENSWAGER 0086422 ATTORNEY AFFIDAVIT
  22. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 08/17/2022 - DENIED
  23. FAILED POSTCARD RESEND OM(48036481) SENT BY REGULAR MAIL SERVICE. TO: KATHLEEN M. POTTER 1444 TURNBERRY DR YOUNGSTOWN, OH 44512-0000
  24. FAILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR POTTER/KATHLEEN/M. AND RESENT OUT BY ORDINARY MAIL.
  25. ANSWER FILED BY D6 DISCOVER BANK ATTORNEY ALEXANDER WEINBERG 0090421 ANSWER OF DEFENDANT DISCOVER BANK
  26. PLAINTIFF'S MOTION TO SUBSTITUTE PARTY PLAINTIFF IS GRANTED. "WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST M" IS SUBSTITUTED IN PLACE OF THE ORIGINALLY-NAMED PLAINTIFF. NOTICE ISSUED
  27. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF JUNIPER MORTGAGE SUZANNE M. GODENSWAGER 0086422 MOTION TO SUBSTITUTE PARTY PLAINTIFF 06/22/2022 - GRANTED
  28. 47364298 ON 05/04/2022 THE WITHIN NAMED POTTER/DONALD /G. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  29. 47364299 ON 05/04/2022 THE WITHIN NAMED POTTER/KATHLEEN/M. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  30. NOTICE OF SUMMONS SERVICE RETURN FILED
  31. NOTICE OF SUMMONS SERVICE RETURN FILED
  32. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $11.00
  33. 47194888 ON 05/03/2022 I SERVED THE WITHIN NAMED UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON.
  34. ANSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT(D3) and UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT(D4) ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  35. SUMS COMPLAINT(47364299) SENT BY SPECIAL PROCESS SERVER. TO: KATHLEEN M. POTTER 1444 TURNBERRY DR YOUNGSTOWN, OH 44512-0000
  36. SUMS COMPLAINT(47364298) SENT BY SPECIAL PROCESS SERVER. TO: DONALD G. POTTER 1444 TURNBERRY DRIVE YOUNGSTOWN, OH 44512-0000
  37. SUMMONS E-FILE COPY COST
  38. SUMMONS E-FILE COPY COST
  39. WRIT FEE
  40. WRIT FEE
  41. FAILED POSTCARD RESEND OM(47253570) SENT BY REGULAR MAIL SERVICE. TO: KATHLEEN M. POTTER 1444 TURNBERRY DR YOUNGSTOWN, OH 44512-0000
  42. LEGAL NEWS ABSTRACT
  43. PROOF OF PUBLICATION FILED $838.40- LEGAL NEWS FEE $250.00
  44. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $588.40
  45. FAILED POSTCARD RESEND OM(47207839) SENT BY REGULAR MAIL SERVICE. TO: KATHLEEN M. POTTER 1444 TURNBERRY DR YOUNGSTOWN, OH 44512-0000
  46. SUMS COMPLAINT(47194888) SENT BY CUYAHOGA SHERIFF SERVICE. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT CO U.S. ATTORNEY'S OFFICE 801 WEST SUPERIOR AVE, STE 400 CLEVELAND, OH 44113
  47. SHERIFF SERVICE PACKET D3 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT
  48. WRIT FEE
  49. SUMMONS E-FILE COPY COST
  50. REQUEST FOR SERVICE FILED PRAECIPE
  51. REQUEST FOR SERVICE FILED PRAECIPE
  52. CERTIFIED MAIL RECEIPT NO. 46790899 RETURNED 03/26/2022 FAILURE OF SERVICE ON DEFENDANT POTTER/KATHLEEN/M. - FORWARDING TIME EXPIRED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  53. CERTIFIED MAIL RECEIPT NO. 46790898 RETURNED 3/28/2022 FAILURE OF SERVICE ON DEFENDANT POTTER/DONALD /G. - REFUSED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  54. CERTIFIED MAIL RECEIPT NO. 46790899 RETURNED 3/26/2022 FAILURE OF SERVICE ON DEFENDANT POTTER/KATHLEEN/M. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. FAILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR POTTER/KATHLEEN/M. AND RESENT OUT BY ORDINARY MAIL.
  56. FAILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR POTTER/KATHLEEN/M. AND RESENT OUT BY ORDINARY MAIL.
  57. DEPOSIT AMOUNT PAID SUZANNE M. GODENSWAGER
  58. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT SERVICE BY PUBLICATION
  59. USPS RECEIPT NO. 46790903 DELIVERED BY USPS 03/05/2022 DISCOVER BANK PROCESSED BY COC 03/09/2022.
  60. USPS RECEIPT NO. 46790901 DELIVERED BY USPS 03/01/2022 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 03/09/2022.
  61. ***PLEASE CHECK (HTTPS://CPDOCKET.CP.CUYAHOGACOUNTY.US/TOS.ASPX) AND ENTER THE LAST SIX DIGITS OF YOUR CASE NUMBER TO READ THE FULL TEXT OF THIS ENTRY*** A FORECLOSURE CASE HAS BEEN FILED AGAINST YOU. YOUR CASE MAY BE A MORTGAGE FORECLOSURE OR A TAX FORECLOSURE. PLEASE READ THIS ENTRY TO FIND OUT ABOUT DIFFERENT TYPES OF ASSISTANCE THAT MAY BE AVAILABLE TO YOU. MORTGAGE FORECLOSURES FINANCIAL ASSISTANCE: IF YOUR CASE IS A MORTGAGE FORECLOSURE (A CASE WHERE YOU HAVE A MORTGAGE FROM A BANK OR MORTGAGE COMPANY, FOR EXAMPLE), YOU MAY CHOOSE TO REACH OUT TO THE FOLLOWING ORGANIZATIONS ABOUT POSSIBLE FINANCIAL ASSISTANCE AND/OR HOUSING COUNSELING SERVICES: CHN HOUSING PARTNERS 2999 PAYNE AVE, SUITE 134 CLEVELAND, OHIO 44114 (216) 881-8443 COMMUNITY HOUSING SOLUTIONS 12114 LARCHMERE BOULEVARD CLEVELAND, OHIO 44120 (216) 231-5815 EMPOWERING AND STRENGTHENING OHIO'S PEOPLE (ESOP) 11890 FAIRHILL ROAD CLEVELAND, OHIO 44120 (216) 373-1850 HOME REPAIR RESOURCE CENTER 2520 NOBLE ROAD CLEVELAND HEIGHTS, OHIO 44121 (216) 381-6100 OHIO DEPARTMENT OF DEVELOPMENT HOME RELIEF GRANT: HTTPS://BUSINESSHELP.OHIO.GOV/HOME-RELIEF-GRANT.HTML LEGAL ASSISTANCE: YOU MAY ALSO QUALIFY FOR NO-COST LEGAL COUNSEL THROUGH THE LEGAL AID SOCIETY. PLEASE CONTACT LEGAL AID AT (216) 687-1900 FOR MORE INFORMATION. MEDIATION: IF YOU WANT TO TRY TO NEGOTIATE A SETTLEMENT WITH YOUR LENDER, YOU MAY BE ABLE TO MEDIATE YOUR CASE. WHILE THERE IS NO GUARANTY THAT YOUR CASE CAN BE MEDIATED, YOU MAY FILE A WRITTEN REQUEST FOR MEDIATION OR A SETTLEMENT CONFERENCE IN YOUR CASE WITH THE CLERK OF COURT, EXPLAINING YOUR CIRCUMSTANCES AND WHY YOU BELIEVE YOUR CASE IS APPROPRIATE FOR MEDIATION. TAX FORECLOSURES FINANCIAL ASSISTANCE: IF YOUR CASE IS A TAX FORECLOSURE (A CASE WHERE THE "TREASURER OF CUYAHOGA COUNTY, OHIO" IS LISTED AS THE PLAINTIFF) AND YOU OWE $10,000.00 OR LESS IN BACK PROPERTY TAXES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH CHN HOUSING PARTNERS' DELINQUENT PROPERTY TAX ASSISTANCE PROGRAM. FUNDS ARE LIMITED AND MAY ONLY BE AVAILABLE THROUGH DECEMBER 31, 2022. THE PROGRAM'S APPLICATION CAN BE FOUND ONLINE AT: HTTPS://WWW.TFAFORMS.COM/4922955. THE PROGRAM'S CUSTOMER SERVICE LINE MAY BE REACHED AT (216) 774-2336. IF YOU ARE INTERESTED IN TRYING TO ENTER INTO A REPAYMENT PLAN WITH THE TREASURER, YOU MAY CONTACT THE TREASURER'S TAX SERVICES OFFICE AT (216) 443-7420. GENERAL INFORMATION IN ANY TYPE OF FORECLOSURE CASE, HELPFUL INFORMATION MAY BE AVAILABLE TO YOU THROUGH THE COURT RESOURCE CENTER. THE RESOURCE CENTER CAN: (1) PROVIDE YOU WITH ACCURATE GENERAL INFORMATION ABOUT THE COURT; (2) OFFER YOU FORMS OR PLEADINGS; AND (3) ASSIST YOU WITH POSSIBLE REFERRALS TO COMMUNITY PARTNERS. THE COURT RESOURCE CENTER CAN BE CONTACTED ONLINE AT: HTTPS://CP.CUYAHOGACOUNTY.US/CONTACT/, OR BY PHONE AT (216) 443-8204. YOU MAY ALSO CHOOSE TO PROCEED IN YOUR CASE WITHOUT SEEKING ASSISTANCE. HELPFUL INFORMATION ABOUT HOW A FORECLOSURE CASE WORKS, IN GENERAL, CAN BE FOUND AT: HTTPS://CP.CUYAHOGACOUNTY.US/DEPARTMENTS/MAGISTRATES/. IF YOU WOULD LIKE TO HIRE AN ATTORNEY TO REPRESENT YOU IN YOUR CASE, YOU CAN CONTACT A PRIVATE ATTORNEY ON YOUR OWN OR REQUEST A REFERRAL THROUGH THE CLEVELAND METROPOLITAN BAR ASSOCIATION'S LAWYER REFERRAL SERVICE. THE SERVICE MAY BE CONTACTED ONLINE AT: HTTPS://WWW.CLEMETROBAR.ORG/?PG=CLIENTREFERRALS, OR BY PHONE AT (216) 696-3532. A FREE INITIAL TELEPHONE CONSULTATION IS OFFERED THROUGH THE SERVICE, BUT YOU MAY HAVE TO PAY OUT-OF-POCKET IF YOU CHOOSE TO HIRE AN ATTORNEY. NOTICE ISSUED
  62. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 2/17/22, ALTHOUGH SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  63. 46791050 ON 03/02/2022 THE WITHIN NAMED POTTER/DONALD /G. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  64. 46791051 ON 03/02/2022 THE WITHIN NAMED POTTER/KATHLEEN/M. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  65. NOTICE OF SUMMONS SERVICE RETURN FILED
  66. NOTICE OF SUMMONS SERVICE RETURN FILED
  67. USPS RECEIPT NO. 46790902 DELIVERED BY USPS 02/26/2022 CAPITAL ONE BANK, USA, NA PROCESSED BY COC 03/02/2022.
  68. USPS RECEIPT NO. 46790900 DELIVERED BY USPS 02/25/2022 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 03/02/2022.
  69. SUMS COMPLAINT(46790903) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK CO CT CORPORATION SYSTEM, SA 4400 EASTON COMMONS, SUITE 125 COLUMBUS, OH 43219
  70. SUMS COMPLAINT(46790902) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK, USA, NA 4851 COX ROAD GLEN ALLEN, VA 23059
  71. SUMS COMPLAINT(46790901) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT CO ATTORNEY GENERAL OF THE UNITED S 950 PENNSYLVANIA AVENUE NW WASHINGTON, DC 20530
  72. SUMS COMPLAINT(46790900) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT CO U.S. ATTORNEY'S OFFICE 801 WEST SUPERIOR AVE, STE 400 CLEVELAND, OH 44113
  73. SUMS COMPLAINT(46790899) SENT BY CERTIFIED MAIL. TO: KATHLEEN M. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111
  74. SUMS COMPLAINT(46790898) SENT BY CERTIFIED MAIL. TO: DONALD G. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111
  75. 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
  76. MAGISTRATE CHRISTOPHER DAY ASSIGNED (MANUALLY)
  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. SUMS COMPLAINT(46791051) SENT BY SPECIAL PROCESS SERVER. TO: KATHLEEN M. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111
  79. SUMS COMPLAINT(46791050) SENT BY SPECIAL PROCESS SERVER. TO: DONALD G. POTTER 3167 WEST 142ND STREET CLEVELAND, OH 44111
  80. SUMMONS E-FILE COPY COST
  81. WRIT FEE
  82. SUMMONS E-FILE COPY COST
  83. WRIT FEE
  84. SUMMONS E-FILE COPY COST
  85. SUMMONS E-FILE COPY COST
  86. SUMMONS E-FILE COPY COST
  87. WRIT FEE
  88. WRIT FEE
  89. WRIT FEE
  90. WRIT FEE
  91. SUMMONS E-FILE COPY COST
  92. SUMMONS E-FILE COPY COST
  93. SUMMONS E-FILE COPY COST
  94. WRIT FEE
  95. WRIT FEE
  96. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF JUNIPER MORTGAGE ATTORNEY SUZANNE M. GODENSWAGER 0086422 NOTICE OF FILING SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  97. JUDGE MARK R MAJER ASSIGNED (RANDOM)
  98. SPECIAL PROJECTS FUND FEE
  99. LEGAL RESEARCH
  100. LEGAL NEWS
  101. LEGAL AID
  102. COMPUTER FEE
  103. CLERK'S FEE
  104. DEPOSIT AMOUNT PAID SUZANNE M. GODENSWAGER
  105. DEPOSIT AMOUNT PAID SUZANNE M. GODENSWAGER

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