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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-11-14
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 44 entries

Parties

Plaintiff Jpmorgan Chase Bank, National Association
Defendant Karna Herzog|Unk. Spouse Of Karna Herzog|Jennifer Hyre|Unk. Spouse Of Jennifer Hyre|Midland Funding Llc|Discover Bank|Capital One, Na Sbm Capital One Bank (usa) Na
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. CERTIFIED MAIL RECEIPT NO. 52433417 RETURNED 12/15/2023 FAILURE OF SERVICE ON DEFENDANT HYRE/JENNIFER/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  3. PURSUANT TO CIVIL RULE 41(A) PLAINTIFF VOLUNTARILY DISMISSES THIS CASE WITHOUT PREJUDICE. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  4. CERTIFIED MAIL RECEIPT NO. 52433418 RETURNED 12/15/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF JENNIFER HYRE - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  5. CERTIFIED MAIL RECEIPT NO. 52433417 RETURNED 12/15/2023 FAILURE OF SERVICE ON DEFENDANT HYRE/JENNIFER/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  6. USPS RECEIPT NO. 52433419 DELIVERED BY USPS 12/04/2023 MIDLAND FUNDING LLC PROCESSED BY COC 12/13/2023.
  7. USPS RECEIPT NO. 52433421 DELIVERED BY USPS 12/01/2023 CAPITAL ONE, NA SBM CAPITAL ONE BANK (USA) NA PROCESSED BY COC 12/06/2023.
  8. USPS RECEIPT NO. 52433420 DELIVERED BY USPS 12/01/2023 DISCOVER BANK PROCESSED BY COC 12/06/2023.
  9. USPS RECEIPT NO. 52433416 DELIVERED BY USPS 11/30/2023 UNK. SPOUSE OF KARNA HERZOG PROCESSED BY COC 12/06/2023.
  10. USPS RECEIPT NO. 52433415 DELIVERED BY USPS 11/30/2023 HERZOG/KARNA/ PROCESSED BY COC 12/06/2023.
  11. NOTICE FILED BY P1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ATTORNEY RONALD J CHERNEK 0041431 NOTICE OF DISMISSAL
  12. SUMS COMPLAINT(52433421) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE, NA SBM CAPITAL ONE BANK (USA) NA 1680 CAPITAL ONE DRIVE MCLEAN, VA 22102
  13. SUMS COMPLAINT(52433420) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK C/O CT CORPORATION SYSTEM, S/A 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219
  14. SUMS COMPLAINT(52433419) SENT BY CERTIFIED MAIL. TO: MIDLAND FUNDING LLC 350 CAMINO DE LA REINA, SUITE 300 SAN DIEGO, CA 92108
  15. SUMS COMPLAINT(52433418) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF JENNIFER HYRE 2089 ELBUR AVENUE LAKEWOOD, OH 44107
  16. SUMS COMPLAINT(52433417) SENT BY CERTIFIED MAIL. TO: JENNIFER HYRE 2089 ELBUR AVENUE LAKEWOOD, OH 44107
  17. SUMS COMPLAINT(52433416) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF KARNA HERZOG 15147 BALDWIN COURT, APT 201 CLEVELAND, OH 44130
  18. SUMS COMPLAINT(52433415) SENT BY CERTIFIED MAIL. TO: KARNA HERZOG 15147 BALDWIN COURT, APT 201 CLEVELAND, OH 44130
  19. WRIT FEE
  20. SUMMONS E-FILE COPY COST
  21. SUMMONS E-FILE COPY COST
  22. SUMMONS E-FILE COPY COST
  23. SUMMONS E-FILE COPY COST
  24. SUMMONS E-FILE COPY COST
  25. SUMMONS E-FILE COPY COST
  26. SUMMONS E-FILE COPY COST
  27. WRIT FEE
  28. WRIT FEE
  29. WRIT FEE
  30. WRIT FEE
  31. WRIT FEE
  32. WRIT FEE
  33. 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
  34. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  35. 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
  36. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  37. SPECIAL PROJECTS FUND FEE
  38. LEGAL RESEARCH
  39. LEGAL NEWS
  40. LEGAL AID
  41. COMPUTER FEE
  42. CLERK'S FEE
  43. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  44. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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