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Case Information
Filed
2023-11-29
Status
INACTIVE
Type
Foreclosure Marsh. Of Lien
Docket
60 entries
Parties
Plaintiff
Manorcare Of North Olmsted Oh, Llc Dba Manorcare Health Services North Olmsted
Defendant
Janet Fallat|Brad Cromes
Lawyers
Docket Entries
- CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT
- CHECK WRITTEN TO MANORCARE OF NORTH OLMSTED OH, LLC FOR DOCKET ID 185974444 IN THE AMOUNT OF $351
- CERTIFIED MAIL RECEIPT NO. 55895914 RETURNED 2/10/2025 FAILURE OF SERVICE ON DEFENDANT FALLAT/JANET/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- JUDGMENT DEBTOR NOTICE(55895914) SENT BY CERTIFIED MAIL. TO: JANET FALLAT 2017 W. 100TH STREET CLEVELAND, OH 44102
- WRIT FEE
- DEPOSIT AMOUNT PAID SHERIFF
- CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $69,744.00
- DEPOSIT AMOUNT PAID SHERIFF
- DEPOSIT REQUIRED FOR COURT COSTS TO CLERK $1,297.04 SHERIFF
- TO COURT: 01/17/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: ADNANE OUARZAZI ........................................................................................... FOR $126,300.00 DATE OF SALE 09/30/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
- JUDGMENT ENTRY(55203918) SENT BY REGULAR MAIL SERVICE. TO: JANET FALLAT 2017 W. 100TH STREET CLEVELAND, OH 44102
- JUDGMENT ENTRY(55203917) SENT BY EMAIL. TO: MICHAEL COLLIN FYFFE [email protected]
- JUDGMENT ENTRY(55203916) SENT BY EMAIL. TO: THOMAS P SEMPLE [email protected]
- DECREE OF CONFIRMATION (Parcel(s) #23513029) 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 ADNANE OUARZAZI 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. NOTICE ISSUED
- OOS ORDER OF SALE RETURNED 10/3/2024, SOLD DATE 9/30/2024 SOLD TO: ADNANE OUARZAZI FOR $126,300.00
- PROOF OF PUBLICATION FILED. PUBLICATION COST OF $656.40 PREPAID TO LEGAL NEWS.
- CERTIFICATE OF TITLE $351.00 PAY TO MANORCARE OF NORTH OLMSTED OH, LLC
- NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/30/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/30/2024 IT WILL BE RE-OFFERED ON 10/15/2024 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: LANA BLAZE, APPRAISAL COST: $52.74 REGULAR FEE AND MILEAGE. JOHN F LENEHAN, APPRAISAL COST: $50 REGULAR FEE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-989229 DATED THIS 27th DAY OF AUGUST, 2024 NOTICE ISSUED NOTICE ISSUED
- LAND APPRAISAL OOS .
- ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 235-13-029
- REAL AUCTION
- DEPOSIT AMOUNT PAID THOMAS P SEMPLE
- PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
- JUDGMENT ENTRY(54557497) SENT BY REGULAR MAIL SERVICE. TO: JANET FALLAT 2017 W. 100TH STREET CLEVELAND, OH 44102
- JUDGMENT ENTRY(54557496) SENT BY EMAIL. TO: THOMAS P SEMPLE [email protected]
- JUDGMENT ENTRY(54557495) SENT BY EMAIL. TO: MICHAEL COLLIN FYFFE [email protected]
- ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL NOTICE ISSUED
- MAGISTRATE'S DECISION(54341779) SENT BY REGULAR MAIL SERVICE. TO: JANET FALLAT 2017 W. 100TH STREET CLEVELAND, OH 44102
- MAGISTRATE'S DECISION(54341778) SENT BY EMAIL. TO: THOMAS P SEMPLE [email protected]
- MAGISTRATE'S DECISION(54341777) SENT BY EMAIL. TO: MICHAEL COLLIN FYFFE [email protected]
- MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
- PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED 6/12/24 IS UNOPPOSED AND GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
- MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 07/18/2024 - UNOPPOSED AND GRANTED
- CASE CALLED FOR DEFAULT HEARING/CMC. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT JANET FALLAT APPEARED. THE COURT DEEMS THE CORRESPONDENCE OF DEFENDANT JANET FALLAT FILED 12/14/23 AS AN ANSWER. SINCE DEFENDANT FILED AN ANSWER, PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS DENIED. DISPOSITIVE MOTIONS, IF ANY, MUST BE FILED ON OR BEFORE 6/14/24. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 7/15/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 7/29/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
- PLAINTIFF MUST FILE A PROPOSED MAGISTRATE'S DECISION AND ENTRY ADOPTING MAGISTRATE'S DECISION PURSUANT TO LOCAL RULE 24(B) ON OR BEFORE 5/2/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
- IN LIGHT OF THE CORRESPONDENCE FILED 12/14/23 BY DEFENDANT JANET FALLAT, THE DEFAULT HEARING SET FOR 5/14/24 AT 2:45PM WILL ALSO BE A CMC. NOTICE ISSUED
- TELEPHONE DEFAULT HEARING SET FOR 05/14/2024 AT 02:45 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. FAILURE TO APPEAR AT DEFAULT HEARING MAY RESULT IN DISMISSAL OF THE CASE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
- GENERAL PLEADING FILED BY P1 MANORCARE OF NORTH OLMSTED OH, LLC ATTORNEY THOMAS P SEMPLE 0040620 FINAL JUDICIAL REPORT
- MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT 05/14/2024 - DENIED
- USPS RECEIPT NO. 52501423 DELIVERED BY USPS 12/11/2023 CROMES/BRAD/ PROCESSED BY COC 12/27/2023.
- ANSWER FILED BY D2 BRAD CROMES ATTORNEY MICHAEL COLLIN FYFFE 0100093 CUYAHOGA COUNTY TREASURER
- USPS RECEIPT NO. 52501422 DELIVERED BY USPS 12/09/2023 FALLAT/JANET/ PROCESSED BY COC 12/13/2023.
- SUMS COMPLAINT(52501423) SENT BY CERTIFIED MAIL. TO: BRAD CROMES 2079 EAST NINTH STREET CLEVELAND, OH 44115
- SUMS COMPLAINT(52501422) SENT BY CERTIFIED MAIL. TO: JANET FALLAT 2017 W. 100TH STREET CLEVELAND, OH 44102
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- 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
- MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
- 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
- JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
- SPECIAL PROJECTS FUND FEE
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID THOMAS P SEMPLE
- DEPOSIT AMOUNT PAID THOMAS P SEMPLE
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