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- CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
- COURT COST ASSESSED HUNTINGTON NATIONAL BANK BILLED C/O ATTY BILL AMOUNT 851.61 PAID AMOUNT 675 AMOUNT DUE 176.61
- COURT COST ASSESSED HUNTINGTON NATIONAL BANK BILL AMOUNT 851.61 PAID AMOUNT 675 AMOUNT DUE 176.61
- LEGAL NEWS ABSTRACT
- PURSUANT TO THE NOTICE OF DISMISSAL FILED HEREIN, THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL COURT COST ASSESSED TO THE PLAINTIFF(S). THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- DEFAULT HEARING SCHEDULED FOR 07/18/2023 AT 09:00 AM IS CANCELLED.
- NOTICE FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF DISMISSAL
- NOTICE FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF DEFAULT HEARING
- MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 07/18/2023 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
- A DEFAULT HEARING WAS NOT HELD AS PLAINTIFF'S NOTICE OF HEARING LISTED THE MATTER AS BEING BY PHONE AND NOT IN PERSON. A STATUS CONFERENCE, BY TELEPHONE, IS SET FOR 06/2/23 AT 9:00 AM. PARTIES ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE CONFERENCE. MOTIONS ARE HELD IN ABEYANCE. NOTICE ISSUED
- TELEPHONE CONFERENCE SET FOR 06/02/2023 AT 09:00 AM. (Notice Sent).
- REPLY BRIEF FILED BY P1 HUNTINGTON NATIONAL BANK ERIC T DEIGHTON 0071456 PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
- NOTICE FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF DEFAULT HEARING
- MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/02/2023 AT 09:30AM 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
- OBJECTION TO MOTION FOR SUMMARY JUDGMENT . JOHN P KOSCIANSKI (0043852)
- OBJECTION TO MOTION FOR SUMMARY JUDGMENT . JOHN P KOSCIANSKI (0043852)
- AFFIDAVIT FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 ATTORNEY AFFIDAVIT
- NOTICE FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF SUBMISSION
- MOTION FOR DEFAULT JUDGMENT MDJ 05/02/2023 - HELD IN ABEYANCE
- GENERAL PLEADING FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 FJR
- AFFIDAVIT FILED BY P1 HUNTINGTON NATIONAL BANK ATTORNEY WILLIAM L. COSTELLO 0040631 MILITARY AFFIDAVIT
- MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 05/02/2023 - HELD IN ABEYANCE
- A REVIEW OF THE DOCKET INDICATES THAT SERVICE HAS BEEN PERFECTED ON THE DEFENDANTS. PLAINTIFF TO FILE ALL NECESSARY DISPOSITIVE MOTIONS, UPDATED TITLE WORK, AND ALL NECESSARY AFFIDAVITS WITHIN 30 DAYS OF THIS ORDER OR THIS CASE COULD BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
- PROOF OF PUBLICATION FILED $631.40 - LEGAL NEWS FEE $250.00
- SUMS AMENDED COMPLNT(49449951) SENT BY REGULAR MAIL SERVICE. TO: JUSTIN TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133-0000 ANSWER DATE: 02/01/2023
- SUMS AMENDED COMPLNT(49449950) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133-0000 ANSWER DATE: 02/01/2023
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- USPS RECEIPT NO. 49361521 DELIVERED BY USPS 12/24/2022 TOLSON/ASHLEY/ PROCESSED BY COC 01/04/2023.
- USPS RECEIPT NO. 49361421 DELIVERED BY USPS 12/24/2022 TOLSON/GERRED/ PROCESSED BY COC 01/04/2023.
- CERTIFIED MAIL RECEIPT NO. 49361423 RETURNED 12/22/2022 FAILURE OF SERVICE ON DEFENDANT TOLSON/JUSTIN/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49361422 RETURNED 12/22/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
- AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SBP
- REQUEST FOR SERVICE FILED REQUEST FOR ORDINARY MAIL ON 2ND AMENDED COMPLAINT
- CERTIFIED MAIL RECEIPT NO. 49213533 RETURNED 12/23/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49213532 RETURNED 12/23/2022 FAILURE OF SERVICE ON DEFENDANT TOLSON/JUSTIN/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49213531 RETURNED 12/23/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49361423 RETURNED 12/22/2022 FAILURE OF SERVICE ON DEFENDANT TOLSON/JUSTIN/ - NO SUCH NUMBER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49361422 RETURNED 12/22/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON - NO SUCH NUMBER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- SUMS AMENDED COMPLNT(49363520) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133 ANSWER DATE: 01/17/2023
- SUMS AMENDED COMPLNT(49361521) SENT BY CERTIFIED MAIL. TO: ASHLEY TOLSON 334 INDEPENDENCE WAY WOODSTOCK, GA 30188-0000
- SUMS AMENDED COMPLNT(49361423) SENT BY CERTIFIED MAIL. TO: JUSTIN TOLSON 8685 AKINS ROAD NORTH ROYALTON, OH 44133-0000
- SUMS AMENDED COMPLNT(49361422) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON 8685 AKINS ROAD NORTH ROYALTON, OH 44133-0000
- SUMS AMENDED COMPLNT(49361421) SENT BY CERTIFIED MAIL. TO: GERRED TOLSON 334 INDEPENDENCE WAY WOODSTOCK, GA 30188-0000
- USPS RECEIPT NO. 49213530 DELIVERED BY USPS 12/16/2022 TOLSON/GERRED/ PROCESSED BY COC 12/21/2022.
- USPS RECEIPT NO. 49213529 DELIVERED BY USPS 12/16/2022 TOLSON/ASHLEY/ PROCESSED BY COC 12/21/2022.
- SUMMONS E-FILE COPY COST
- WRIT FEE
- SUMMONS E-FILE COPY COST
- WRIT FEE
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- WRIT FEE
- REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL ON 2ND AMENDED COMPLAINT
- REQUEST FOR SERVICE FILED REQUEST FOR ORDINARY MAIL
- USPS RECEIPT NO. 49213528 DELIVERED BY USPS 12/09/2022 ACCIARRI/ALEXANDREA/ PROCESSED BY COC 12/14/2022.
- USPS RECEIPT NO. 49213527 DELIVERED BY USPS 12/09/2022 ACCIARRI/DOMENIC/ PROCESSED BY COC 12/14/2022.
- CERTIFIED MAIL RECEIPT NO. 49117214 RETURNED 12/13/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- SUMS AMENDED COMPLNT(49213533) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMS AMENDED COMPLNT(49213532) SENT BY CERTIFIED MAIL. TO: JUSTIN TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133-0000
- SUMS AMENDED COMPLNT(49213531) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133-0000
- SUMS AMENDED COMPLNT(49213530) SENT BY CERTIFIED MAIL. TO: GERRED TOLSON 334 INDEPENDENCE WAY WOODSTOCK, GA 30188-0000
- SUMS AMENDED COMPLNT(49213529) SENT BY CERTIFIED MAIL. TO: ASHLEY TOLSON 334 INDEPENDENCE WAY WOODSTOCK, GA 30188-0000
- SUMS AMENDED COMPLNT(49213528) SENT BY CERTIFIED MAIL. TO: ALEXANDREA ACCIARRI 1365 LAKE BALDWIN LANE, #108 ORLANDO, FL 32814-0000
- SUMS AMENDED COMPLNT(49213527) SENT BY CERTIFIED MAIL. TO: DOMENIC ACCIARRI 1365 LAKE BALDWIN LANE,#108 ORLANDO, FL 32814-0000
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- WRIT FEE
- WRIT FEE
- WRIT FEE
- WRIT FEE
- WRIT FEE
- REQUEST FOR SERVICE FILED INSTRUCTIONS FOR CERTIFIED MAIL ON SECOND AMENDED COMPLAINT
- DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
- AMENDED COMPLAINT $75 SECOND AMENDED COMPLAINT FOR FORECLOSURE
- PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT IS UNOPPOSED AND GRANTED. SECOND AMENDED COMPLAINT TO BE FILED WITHIN 14 DAYS OF THIS ORDER. NOTICE ISSUED
- MOTION FILED FOR P1 HUNTINGTON NATIONAL BANK WILLIAM L. COSTELLO 0040631 MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT 11/30/2022 - UNOPPOSED AND GRANTED
- SUMS AMENDED COMPLNT(49117214) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMMONS E-FILE COPY COST
- WRIT FEE
- CERTIFIED MAIL RECEIPT NO. 48938323 RETURNED 11/16/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
- ANSWER OF DEFENDANT RAYMOND J. TOLSON (DECEASED) . JOHN P KOSCIANSKI (0043852)
- USPS RECEIPT NO. 48938320 DELIVERED BY USPS 10/31/2022 TOLSON/GERRED/ PROCESSED BY COC 11/09/2022.
- USPS RECEIPT NO. 48938319 DELIVERED BY USPS 10/31/2022 TOLSON/ASHLEY/ PROCESSED BY COC 11/09/2022.
- USPS RECEIPT NO. 48938318 DELIVERED BY USPS 11/02/2022 ACCIARRI/ALEXANDREA/ PROCESSED BY COC 11/09/2022.
- USPS RECEIPT NO. 48938317 DELIVERED BY USPS 11/02/2022 ACCIARRI/DOMENIC/ PROCESSED BY COC 11/09/2022.
- MOTION TO INTERVENE IS UNOPPOSED AND GRANTED. THE CLERK IS ORDERED TO LIST "JOHN P. KOSCIANSKI (0043852), ADMINISTRATOR OF THE ESTATE OF RAYMOND J. TOLSON," AS A PARTY DEFENDANT IN THIS ACTION. MOTION FOR LEAVE TO FILE AN ANSWER INSTANTER IS UNOPPOSED AND GRANTED. NOTICE ISSUED
- CERTIFIED MAIL RECEIPT NO. 48938322 RETURNED 10/31/2022 FAILURE OF SERVICE ON DEFENDANT TOLSON/JUSTIN/ - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 48938321 RETURNED 10/31/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- SUMS AMENDED COMPLNT(48938323) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMS AMENDED COMPLNT(48938322) SENT BY CERTIFIED MAIL. TO: JUSTIN TOLSON 8685 AKINS ROAD NORTH ROYALTON, OH 44133-0000
- SUMS AMENDED COMPLNT(48938321) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF JUSTIN TOLSON 8685 AKINS ROAD NORTH ROYALTON, OH 44133-0000
- SUMS AMENDED COMPLNT(48938320) SENT BY CERTIFIED MAIL. TO: GERRED TOLSON 334 INDEPENDENCE WAY WOODSTOCK, GA 30188-0000
- SUMS AMENDED COMPLNT(48938319) SENT BY CERTIFIED MAIL. TO: ASHLEY TOLSON 334 INDEPENDENCE WAY WOODSTOCK, GA 30188-0000
- SUMS AMENDED COMPLNT(48938318) SENT BY CERTIFIED MAIL. TO: ALEXANDREA ACCIARRI 32291 ACACIA COURT AVON LAKE, OH 44012-0000
- SUMS AMENDED COMPLNT(48938317) SENT BY CERTIFIED MAIL. TO: DOMENIC ACCIARRI 32291 ACACIA COURT AVON LAKE, OH 44012-0000
- SUMMONS E-FILE COPY COST
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- SUMMONS E-FILE COPY COST
- WRIT FEE
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- WRIT FEE
- WRIT FEE
- WRIT FEE
- WRIT FEE
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- REQUEST FOR SERVICE FILED INSTRUCTIONS FOR CERTIFIED MAIL ON AMENDED COMPLAINT
- DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
- AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR FORECLOSURE
- MOTION TO INTERVENE & FILE ANSWER INSTANTER JOHN P KOSCIANSKI (0043852) 11/07/2022 - UNOPPOSED AND GRANTED
- USPS RECEIPT NO. 48720311 DELIVERED BY USPS 10/04/2022 JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON PROCESSED BY COC 10/12/2022.
- USPS RECEIPT NO. 48720310 DELIVERED BY USPS 10/04/2022 TOLSON/RAYMOND/J. PROCESSED BY COC 10/12/2022.
- 48720308 ON 10/05/2022 THE WITHIN NAMED TOLSON/RAYMOND/J. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
- 48720309 ON 10/05/2022 THE WITHIN NAMED JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
- NOTICE OF SUMMONS SERVICE RETURN FILED
- NOTICE OF SUMMONS SERVICE RETURN FILED
- SUMS COMPLAINT(48720311) SENT BY CERTIFIED MAIL. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMS COMPLAINT(48720310) SENT BY CERTIFIED MAIL. TO: RAYMOND J. TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMS COMPLAINT(48720309) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE REAL NAME UNK., UNK. SPOUSE IF ANY OF RAYMOND J TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMS COMPLAINT(48720308) SENT BY SPECIAL PROCESS SERVER. TO: RAYMOND J. TOLSON 8313 HUNTING DRIVE NORTH ROYALTON, OH 44133
- SUMMONS E-FILE COPY COST
- WRIT FEE
- SUMMONS E-FILE COPY COST
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- SUMMONS E-FILE COPY COST
- WRIT FEE
- 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 AMY R JACKSON 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 MICHAEL J RUSSO ASSIGNED (RANDOM)
- SPECIAL PROJECTS FUND FEE
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
- DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
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