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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-12-13
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 122 entries

Parties

Plaintiff Thone Luu|Citizens Bank, Na Fka Rbs Citizens, Na, Fka Citizens Bank, Na, Sbmt Charter One Bank, Na, Fka Charter One Bank, Fsb
Defendant Timothy R Richmond|Unk. Spouse If Any Of Timothy R. Richmond
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 W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. USPS RECEIPT NO. 56775675 DELIVERED BY USPS 04/30/2025 RICHMOND /TIMOTHY /R PROCESSED BY COC 05/07/2025.
  3. JUDGMENT DEBTOR NOTICE(56775675) SENT BY CERTIFIED MAIL. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  4. WRIT FEE
  5. DEPOSIT AMOUNT PAID SHERIFF
  6. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $17,622.36
  7. DEPOSIT AMOUNT PAID SHERIFF
  8. DEPOSIT REQUIRED FOR COSTS TO CLERK $2,281.43 SHERIFF
  9. TO COURT: 04/22/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: MR ........................................................................................... FOR $90,100.00 DATE OF SALE 02/18/2025 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  10. JUDGMENT ENTRY(56503186) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  11. JUDGMENT ENTRY(56503185) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  12. JUDGMENT ENTRY(56503184) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  13. JUDGMENT ENTRY(56503183) SENT BY EMAIL. TO: MICHAEL F WESTERHAUS [email protected]
  14. DECREE OF CONFIRMATION 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 THONG LUU 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 ORDER AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  15. * AMENDED* OOS ORDER OF SALE RETURNED 02/19/2025, SOLD DATE 02/18/2025 SOLD TO: THONG LUU FOR $90,100.00
  16. (AMENDED) OOS ORDER OF SALE RETURNED 02/19/2025, SOLD DATE 02/18/2025 SOLD TO: THONG LLU THONG LLU FOR $90,100.00
  17. PURCHASER'S 2ND MOTION TO CORRECT ORDER OF SALE FILED ON 3/10/25 IS GRANTED. PURSUANT TO CIVIL RULE 60(A), THE COURT ORDERS THE SHERIFF TO CORRECT THE BIDDER'S FORM SO THAT THE BIDDER IS LISTED CORRECTLY AS "THONG LUU." COUNSEL FOR THE PURCHASER HAS 10 DAYS FROM THE DATE OF THIS ORDER TO BRING A CERTIFIED COPY OF THIS ORDER TO THE SHERIFF TO INFORM HIM OF THIS CHANGE TO THE BIDDER'S FORM. THE SHERIFF IS TO ACCEPT THIS ORDER AND ACCORDINGLY FILE AN AMENDED REPORT OF SALE. THE COURT WILL THEN CONFIRM SALE PER SEPARATE ORDER OF THE COURT. NOTICE ISSUED
  18. MOTION FILED FOR TP1 THONE LUU MICHAEL F WESTERHAUS 0022707 MOTION TO CORRECT ORDER OF SALE
  19. PLAINTIFF'S MOTION TO AMEND THE ORDER OF DISTRIBUTION FILED ON 3/5/25 IS GRANTED. THE COURT FINDS THAT PLAINTIFF IS ENTITLED TO $8,075.41 FOR ADVANCES MADE. CONSEQUENTLY, THE COURT AMENDS THE ORDER OF DISTRIBUTION IN ITS JUDGMENT ENTRY AND DECREE OF FORECLOSURE OF 12/18/24 AS FOLLOWS: FIFTH: TO THE PLAINTIFF THE SUM OF $8,075.41 FOR ADVANCES MADE. SIXTH: THE BALANCE, IF ANY, TO THE CLERK OF COURTS TO BE HELD PENDING FURTHER ORDER. NOTICE ISSUED
  20. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT IN SUPPORT OF MOTION TO AMEND ORDER OF DISTRIBUTION
  21. MOTION FILED FOR P1 CITIZENS BANK, NA JOHNA M BELLA 0034567 MOTION TO AMEND ORDER OF DISTRIBUTION
  22. PURCHASER THONE LUU HAS FILED A MOTION TO CORRECT ORDER OF SALE WITH THE COURT ON 2/21/25. FOR STARTERS, THE COURT WILL ALLOW SAID PARTY TO INTERVENE. THE COURT ORDERS THE CLERK TO LIST THONE LUU ON THE DOCKET, ALONG WITH HIS ATTORNEY, LISTED BELOW, SO THAT THEY CAN RECEIVE COURT NOTICES: MICHAEL WESTERHAUS (BAR #0022707) 2401 BROOKPARK RD PARMA, OH 44134 THE COURT GRANTS THE ABOVE MOTION AND IT MAKES THE FOLLOWING RULING. THONE LUU PURCHASED THE WITHIN PROPERTY ON 2/18/25, HOWEVER, HE INADVERTENTLY FILLED IN "MR." AS THE PURCHASER ON THE BIDDER'S FORM. THE COURT NOTES THAT IT HAS NOT YET CONFIRMED THE WITHIN SALE AND IT HAS THE ABILITY TO FIX SAID MISTAKE PURSUANT TO CIVIL RULE 60(A). THUS, THE COURT ORDERS THE SHERIFF TO CORRECT THE BIDDER'S FORM SO THAT THE BIDDER IS LISTED CORRECTLY AS "THONE LUU." COUNSEL FOR THE PURCHASER HAS 10 DAYS FROM THE DATE OF THIS ORDER TO BRING A CERTIFIED COPY OF THIS ORDER TO THE SHERIFF TO INFORM HIM OF THIS CHANGE TO THE BIDDER'S FORM. THE SHERIFF IS TO ACCEPT THIS ORDER AND ACCORDINGLY FILE AN AMENDED REPORT OF SALE. THE COURT WILL THEN CONFIRM SALE PER SEPARATE ORDER OF THE COURT. NOTICE ISSUED
  23. MOTION FILED FOR MICHAEL F WESTERHAUS 0022707 MOTION TO CORRECT ORDER OF SALE
  24. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $669.55 PREPAID TO LEGAL NEWS.
  25. OOS ORDER OF SALE RETURNED 2/19/2025, SOLD DATE 2/18/2025 SOLD TO: MR FOR $90,100.00
  26. RECORDER'S FEE $2.00
  27. CERTIFICATE OF TITLE $735.00 PAY TO CITIZENS BANK, NA
  28. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 02/18/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 02/18/2025 IT WILL BE RE-OFFERED ON 03/03/2025 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: JOHN J. LYNCH, APPRAISAL COST: $52.09 REGULAR FEE AND MILEAGE. JOHN ANDREWS, APPRAISAL COST: $50 REGULAR FEE. LANA BLAZE, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-990015 DATED THIS 14th DAY OF JANUARY, 2025 NOTICE ISSUED NOTICE ISSUED
  29. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF SHERIFF'S SALE
  30. LAND APPRAISAL OOS
  31. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 541-22-119
  32. JUDGMENT ENTRY(55644974) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  33. JUDGMENT ENTRY(55644973) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  34. REAL AUCTION
  35. DEPOSIT AMOUNT PAID JOHNA M BELLA
  36. PRAECIPE FOR ORDER OF SALE $820
  37. JUDGMENT ENTRY(55644972) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  38. THE COURT ADOPTS THE ATTACHED MAGISTRATE'S DECISION. DECREE OF FORECLOSURE. FINAL. OSJ. NOTICE ISSUED
  39. MAGISTRATE'S DECISION(55488980) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  40. MAGISTRATE'S DECISION(55488979) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  41. MAGISTRATE'S DECISION(55488978) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  42. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  43. CASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. DEFENDANTS ABSENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 11/5/24 IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  44. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 ATTORNEY AFFIDAVIT
  45. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  46. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/27/2024 AT 11:45AM BEFORE MAGISTRATE JOHN T DYKE, 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
  47. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING FINAL JUDICIAL REPORT
  48. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AND ACKNOWLEGEMENT OF STATUS OF 2ND MORTGAGE LOAN ACCOUNT
  49. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AND ACKNOWLEGEMENT OF STATUS OF 1ST MORTGAGE LOAN ACCOUNT
  50. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING PROPOSED JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION
  51. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AS TO MILITARY SERVICE
  52. MOTION FOR DEFAULT JUDGMENT
  53. LEGAL NEWS ABSTRACT
  54. PROOF OF PUBLICATION FILED $685.60 - LEGAL NEWS FEE $250.00
  55. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $435.60
  56. DEPOSIT AMOUNT PAID JOHNA M BELLA
  57. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250
  58. DEPOSIT AMOUNT PAID JOHNA M BELLA
  59. SUPPLEMENTAL COMPLAINT $75
  60. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $102.00
  61. 08/20/2024 54510227 THE WITHIN NAMED RICHMOND /TIMOTHY /R 08/19/2024 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  62. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $87.00
  63. 08/20/2024 54510228 THE WITHIN NAMED UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 08/19/2024 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  64. SUMS COMPLAINT(54510228) SENT BY CUYAHOGA SHERIFF SERVICE. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  65. SUMS COMPLAINT(54510227) SENT BY CUYAHOGA SHERIFF SERVICE. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  66. SHERIFF SERVICE PACKET THE UNKNOWN SPOUSE, IF ANY, OF TIMOTHY RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OHIO 44125
  67. SUMMONS E-FILE COPY COST
  68. SUMMONS E-FILE COPY COST
  69. WRIT FEE
  70. WRIT FEE
  71. SHERIFF SERVICE PACKET TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS,OHIO 44125
  72. REQUEST OF SERVICE THROUGH THE CUYAHOGA COUNTY SHERIFF DEPARTMENT PRAECIPE FOR SHERIFF SERVICE
  73. CERTIFIED MAIL RECEIPT NO. 53550160 RETURNED 05/18/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  74. CERTIFIED MAIL RECEIPT NO. 53599257 RETURNED 06/17/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  75. CERTIFIED MAIL RECEIPT NO. 53599256 RETURNED 06/17/2024 FAILURE OF SERVICE ON DEFENDANT RICHMOND /TIMOTHY /R - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  76. CERTIFIED MAIL RECEIPT NO. 53599257 RETURNED 6/17/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  77. CERTIFIED MAIL RECEIPT NO. 53599256 RETURNED 6/17/2024 FAILURE OF SERVICE ON DEFENDANT RICHMOND /TIMOTHY /R - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  78. 52991029 ON 06/13/2024 THE WITHIN NAMED RICHMOND /TIMOTHY /R WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  79. 52991030 ON 06/13/2024 THE WITHIN NAMED UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  80. CERTIFIED MAIL RECEIPT NO. 53550160 RETURNED 5/18/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  81. CERTIFIED MAIL RECEIPT NO. 53550159 RETURNED 5/18/2024 FAILURE OF SERVICE ON DEFENDANT RICHMOND /TIMOTHY /R - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  82. SUMS COMPLAINT(53599257) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 11416 VALLEY VIEW ROAD NORTHFIELD, OH 44067-0000
  83. SUMS COMPLAINT(53599256) SENT BY CERTIFIED MAIL. TO: TIMOTHY R RICHMOND 11416 VALLEY VIEW ROAD NORTHFIELD, OH 44067-0000
  84. SUMMONS E-FILE COPY COST
  85. SUMMONS E-FILE COPY COST
  86. WRIT FEE
  87. WRIT FEE
  88. REQUEST FOR SERVICE FILED CERTIFIED MAIL SERVICE REQUEST
  89. SUMS COMPLAINT(53550160) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  90. SUMMONS E-FILE COPY COST
  91. SUMMONS E-FILE COPY COST
  92. WRIT FEE
  93. WRIT FEE
  94. SUMS COMPLAINT(53550159) SENT BY CERTIFIED MAIL. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  95. REQUEST FOR SERVICE FILED CERTIFIED MAIL SERVICE REQUEST
  96. SUMS COMPLAINT(52991030) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  97. SUMS COMPLAINT(52991029) SENT BY SPECIAL PROCESS SERVER. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  98. SUMMONS E-FILE COPY COST
  99. SUMMONS E-FILE COPY COST
  100. WRIT FEE
  101. WRIT FEE
  102. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR PROCESS SERVER SERVICE
  103. CERTIFIED MAIL RECEIPT NO. 52611570 RETURNED 1/10/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  104. CERTIFIED MAIL RECEIPT NO. 52611569 RETURNED 1/10/2024 FAILURE OF SERVICE ON DEFENDANT RICHMOND /TIMOTHY /R - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  105. SUMS COMPLAINT(52611570) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF TIMOTHY R. RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  106. SUMS COMPLAINT(52611569) SENT BY CERTIFIED MAIL. TO: TIMOTHY R RICHMOND 9513 DAVID DRIVE GARFIELD HEIGHTS, OH 44125
  107. 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
  108. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  109. 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
  110. SUMMONS E-FILE COPY COST
  111. WRIT FEE
  112. SUMMONS E-FILE COPY COST
  113. WRIT FEE
  114. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  115. SPECIAL PROJECTS FUND FEE
  116. LEGAL RESEARCH
  117. LEGAL NEWS
  118. LEGAL AID
  119. COMPUTER FEE
  120. CLERK'S FEE
  121. DEPOSIT AMOUNT PAID JOHNA M BELLA
  122. DEPOSIT AMOUNT PAID JOHNA M BELLA

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