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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-11-09
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 105 entries

Parties

Plaintiff Paper Profits, Llc Jr
Defendant Charles R Bancroft Jr|Jane Doe, Name Unknown, Spouse Of Charles R. Bancroft, Jr.|Federal Home Loan Mortgage Corporation, As Trustee For The Benefit Of The Freddie Mac Seasoned Loans Structured Transaction Trust, Series 2020 3|Cuyahoga County Treasurer|State Of Ohio Department Of Taxation|United States Of America Internal Revenue Service
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. 52000627 ON 10/10/2023 THE WITHIN NAMED JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  3. PLAINTIFF'S MOTION FOR ORDER OF DISMISSAL PURSUANT TO CIVIL RULE 41(A)(2) IS UNOPPOSED AND GRANTED. PURSUANT TO CIV. R. 41(A)(2), PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE. DEFENDANT FEDERAL HOME LOAN CORPORATION'S MOTION FOR LEAVE TO AMEND ITS PLEADING TO ADD A CROSS-CLAIM IS DENIED. THIS CASE IS ALMOST ONE YEAR OLD AND THE SUPREME COURT GUIDELINES INDICATE THAT IT SHOULD NOT BE ON THE PENDING DOCKET FOR MORE THAN ONE YEAR. IF DEFENDANT ADDS A CROSS-CLAIM, THE CASE WILL REMAIN ON THE DOCKET FOR OVER A YEAR. ADDITIONALLY, THE CLAIMS ALLEGEDLY AROSE IN APRIL. DEFENDANT HAD AMPLE TIME TO AMEND ITS PLEADING. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  4. NOTICE OF SUMMONS SERVICE RETURN FILED
  5. REPLY BRIEF FILED BY D3 FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF DANIEL A COX 0076469 REPLY BRIEF BY DEFENDANT FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC SEASONED LOANS STRUCTURED TRANSACTION TRUST, SERIES 2020-3
  6. BENCH TRIAL SCHEDULED FOR 10/12/2023 AT 09:00 AM IS CANCELLED.
  7. D1 CHARLES R BANCROFT JR'S MOTION FOR CONTINUANCE PETER COZMYK 0078862. ^F^ MOTION TO CONTINUE TRIAL 10/09/2023 - MOOT
  8. THE COURT IS IN RECEIPT OF PLAINTIFF'S MOTION TO DISMISS. THE MOTION TO DISMISS WAS FILED ON 09/29/23 AND AS SUCH, ANY BRIEFS IN OPPOSITION WILL BE DUE ON 10/13/23. OCTOBER 13, 2023, IS ONE DAY AFTER THE SCHEDULED TRIAL DATE OF 10/12/23. AS SUCH, THE MOTION CANNOT BE RULED ON UNTIL AFTER THE SCHEDULED TRIAL. AS THE MOTION CANNOT BE RULED ON UNTIL AFTER THE TRIAL DATE, THE TRIAL REMAINS SET. NOTICE ISSUED
  9. BRIEF IN OPPOSITION FILED BY D1 CHARLES R BANCROFT JR PETER COZMYK 0078862 BRIEF IN OPPOSITION
  10. MOTION TO DISMISS FILED PLAINTIFF'S MOTION FOR ORDER OF DISMISSAL PURSUANT TO CIVIL RULE 41(A)(2) 10/13/2023 - UNOPPOSED AND GRANTED
  11. SUMS CROSS-COMPLNT(52000627) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. 3516 TUTTLE AVENUE CLEVELAND, OH 44111
  12. SUMMONS E-FILE COPY COST
  13. WRIT FEE
  14. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND ANSWER & CROSS CLAIM OF DEFENDANT: FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC SEASONED LOANS STRUCTURED TRANSACTION TRUST, SERIES 2020-3
  15. SUMS CROSS-COMPLNT(51934189) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. 3516 TUTTLE AVENUE CLEVELAND, OH 44111
  16. SUMMONS E-FILE COPY COST
  17. WRIT FEE
  18. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND ANSWER & CROSS CLAIM OF DEFENDANT: FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC SEASONED LOANS STRUCTURED TRANSACTION TRUST, SERIES 2020-3
  19. DEPOSIT AMOUNT PAID DANIEL A COX
  20. ANSWER AND CROSSCLAIM $75 AMENDED ANSWER AND CROSS-CLAIM OF DEFENDANT FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC SEASONED LOANS STRUCTURED TRANSACTION TRUST, SERIES 2020-3
  21. MOTION FILED FOR D3 FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF DANIEL A COX 0076469 MOTION BY DEFENDANT FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC SEASONED LOANS STRUCUTRED TRANSACTION TRUST, SERIES 2020-3 TO INCLUDE CROSS-CLAIM INSTANTER 10/25/2023 - UNKNOWN
  22. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE COURT FINDS THAT GENUINE ISSUES OF MATERIAL FACTS REMAIN TO BE LITIGATED. BENCH TRIAL SET FOR 10/12/23 AT 9:00 AM. TRIAL BRIEFS AND WITNESS LISTS DUE 7 DAYS IN ADVANCE OF TRIAL. NOTICE ISSUED
  23. BENCH TRIAL SET FOR 10/12/2023 AT 09:00 AM.
  24. REPLY BRIEF FILED BY P1 PAPER PROFITS, LLC ROBERT H YOUNG 0036743 PLAINTIFF'S RESPONSE TO DEFENDANT'S BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
  25. NOTICE FILED BY D1 CHARLES R BANCROFT JR ATTORNEY PETER COZMYK 0078862 NOTICE OF FILING AFFIDAVIT
  26. BRIEF IN OPPOSITION FILED BY D1 CHARLES R BANCROFT JR PETER COZMYK 0078862 BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
  27. THE SERVICE RETURN FOR THE JANE DOE UNKNOWN SPOUSE DOES NOT CONTAIN A NAME AND INSTEAD SAYS ONLY "COVID 19." PLAINTIFF'S MOTION FOR DEFAULT IS DENIED. PLAINTIFF MAY PERFECT SERVICE ON THE JANE DOE FORTHWITH OR DISMISS THIS DEFENDANT IF THE DEFENDANT DOES NOT EXIST. NOTICE ISSUED
  28. DEFENDANT'S MOTION FOR EXTENSION OF TIME IS UNOPPOSED AND GRANTED. BRIEF IN OPPOSITION TO PLAINTIFF'S MSJ IS DUE 06/28/23. NOTICE ISSUED
  29. GENERAL PLEADING FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 SUPPLEMENTAL FINAL JUDICIAL REPORT
  30. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 06/01/2023 - UNOPPOSED AND GRANTED
  31. NOTICE FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  32. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/23/2023 AT 09:00AM BEFORE MAGISTRATE AMY R 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
  33. AFFIDAVIT FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 MILITARY AFFIDAVIT
  34. AFFIDAVIT FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 AFFIDAVIT IN SUPPORT OF JUDGMENT
  35. NOTICE FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  36. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 07/10/2023 - DENIED
  37. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 06/01/2023 - DENIED
  38. ANSWER FILED BY D3 FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF ATTORNEY DANIEL A COX 0076469 DEFENDANT FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE
  39. 03/16/23: TELEPHONE CONFERENCE HELD BY MAGISTRATE. ATTORNEY YOUNG AND ATTORNEY COX PARTICIPATED. DEFENDANT FREDDIE MACK IS GRANTED A 30 DAY LEAVE TO PLEAD. PLAINTIFF TO FILE ALL NECESSARY DISPOSITIVE MOTIONS, UPDATED TITLE WORK AND AFFIDAVITS WITHIN 60 DAYS OF THIS ORDER. NOTICE ISSUED
  40. TELEPHONE CONFERENCE SET FOR 03/13/2023 AT 10:15 AM. A TELEPHONE PRETRIAL / SCHEDULING CONFERENCE IS SET IN THIS CASE WITH MAGISTRATE AMY JACKSON. ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO CALL 216-443-8505 TEN MINUTES PRIOR TO THE CONFERENCE. THE ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO COMPLY WITH CIVIL RULE 26(F) BY CONFERRING PRIOR TO THE SCHEDULING CONFERENCE ABOUT DATES AND DISCOVERY AND BY PREPARING A WRITTEN DISCOVERY PLAN. NOTICE ISSUED
  41. GENERAL PLEADING FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  42. ANSWER FILED BY D7 UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA
  43. GENERAL PLEADING FILED BY P1 PAPER PROFITS, LLC ATTORNEY ROBERT H YOUNG 0036743 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  44. NOTICE OF APPEARANCE, FILED D5 STATE OF OHIO DEPARTMENT OF TAXATION SEAN F BERNEY 0058608.
  45. USPS RECEIPT NO. 49321236 DELIVERED BY USPS 12/20/2022 FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF PROCESSED BY COC 01/04/2023.
  46. ANSWER FILED BY D1 CHARLES R BANCROFT JR ATTORNEY PETER COZMYK 0078862 DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT OF PLAINTIFF WITH JURY DEMAND
  47. SUMS COMPLAINT(49321236) SENT BY CERTIFIED MAIL. TO: FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF 3501 OLYMPUS BOULEVARD 5TH FLOOR COPPELL, TX 75019-0000
  48. SUMMONS E-FILE COPY COST
  49. WRIT FEE
  50. ANSWER FILED BY D5 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY NICOLE R. RANDALL 0081351 THE STATE OF OHIO DEPARTMENT OF TAXATION
  51. REQUEST FOR SERVICE FILED PRAECIPE FOR ALIAS CERTIFIED MAIL SERVICE
  52. DEFENDANT CHARLES BANCROFT'S MOTION FOR LEAVE TO PLEAD IS UNOPPOSED AND GRANTED. RESPONSIVE PLEADING IS DUE 12/24/22. NOTICE ISSUED
  53. ANSWER FILED BY D4 CUYAHOGA COUNTY TREASURER ATTORNEY EDMUND G. TALLOS 0073224 CUYAHOGA COUNTY TREASURER
  54. 49080692 ON 11/28/2022 THE WITHIN NAMED BANCROFT JR/CHARLES /R WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  55. 49080693 ON 11/28/2022 THE WITHIN NAMED JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  56. NOTICE OF SUMMONS SERVICE RETURN FILED
  57. NOTICE OF SUMMONS SERVICE RETURN FILED
  58. USPS RECEIPT NO. 49080369 DELIVERED BY USPS 11/21/2022 UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE PROCESSED BY COC 11/30/2022.
  59. USPS RECEIPT NO. 49080368 DELIVERED BY USPS 11/21/2022 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 11/30/2022.
  60. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 12/05/2022 - UNOPPOSED AND GRANTED
  61. NOTICE OF APPEARANCE, FILED D1 CHARLES R BANCROFT JR PETER COZMYK 0078862. NOTICE OF APPEARANCE
  62. CERTIFIED MAIL RECEIPT NO. 49080370 RETURNED BY U.S. MAIL DEPARTMENT 11/18/2022 UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE MAIL RECEIVED AT ADDRESS 11/23/2022 TENDERED TO AGENT FOR FINAL DELIVERY
  63. USPS RECEIPT NO. 49080367 DELIVERED BY USPS 11/17/2022 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 11/23/2022.
  64. USPS RECEIPT NO. 49080365 DELIVERED BY USPS 11/18/2022 JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. PROCESSED BY COC 11/23/2022.
  65. USPS RECEIPT NO. 49080364 DELIVERED BY USPS 11/18/2022 BANCROFT JR/CHARLES /R PROCESSED BY COC 11/23/2022.
  66. CERTIFIED MAIL RECEIPT NO. 49080366 RETURNED 11/19/2022 FAILURE OF SERVICE ON DEFENDANT FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF - OTHER REASON NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  67. SUMS COMPLAINT(49080370) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE C/O US ATTORNEYS OFFICE 801 WEST SUPERIOR AVE., SUITE 400 CLEVELAND, OH 44113
  68. SUMS COMPLAINT(49080369) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE C/O US DEPT OF JUSTICE 950 PENNSYLVANIA AVE. NW WASHINGTON, DC 20530
  69. SUMS COMPLAINT(49080368) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 30 EAST BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  70. SUMS COMPLAINT(49080367) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E.9TH ST. CLEVELAND, OH 44115
  71. SUMS COMPLAINT(49080366) SENT BY CERTIFIED MAIL. TO: FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF C/O SELENE FINANCE LP 9990 RICHMOND AVE, SUITE 400 HOUSTON, TX 77042
  72. SUMS COMPLAINT(49080365) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. 3516 TUTTLE AVENUE CLEVELAND, OH 44111
  73. SUMS COMPLAINT(49080364) SENT BY CERTIFIED MAIL. TO: CHARLES R BANCROFT JR 3516 TUTTLE AVENUE CLEVELAND, OH 44111
  74. SUMS COMPLAINT(49080693) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF CHARLES R. BANCROFT, JR. 3516 TUTTLE AVENUE CLEVELAND, OH 44111
  75. SUMS COMPLAINT(49080692) SENT BY SPECIAL PROCESS SERVER. TO: CHARLES R BANCROFT JR 3516 TUTTLE AVENUE CLEVELAND, OH 44111
  76. SUMMONS E-FILE COPY COST
  77. SUMMONS E-FILE COPY COST
  78. WRIT FEE
  79. WRIT FEE
  80. SUMMONS E-FILE COPY COST
  81. SUMMONS E-FILE COPY COST
  82. SUMMONS E-FILE COPY COST
  83. SUMMONS E-FILE COPY COST
  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. WRIT FEE
  92. WRIT FEE
  93. WRIT FEE
  94. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  95. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  96. 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. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  97. JUDGE MICHAEL J RUSSO 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 ROBERT H YOUNG
  105. DEPOSIT AMOUNT PAID ROBERT H YOUNG

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