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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-12-28
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 119 entries

Parties

Plaintiff Discover Bank
Defendant Vilhelm Gothard|Julia Gothard|American Express Centurion Bank|Portfolio Recovery Associates, Llc|Discover Bank C/o Ct Corp System , S/a|Unk Heirs At Law Or Under The Will If Any Of Vilhelm Gothard Deceased|Unknown Spouse, If Any, Of Julia Gothard
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. WRIT FEE
  2. SUMMONS E-FILE COPY COST
  3. SUMMONS E-FILE COPY COST
  4. SUMMONS E-FILE COPY COST
  5. SUMMONS E-FILE COPY COST
  6. WRIT FEE
  7. WRIT FEE
  8. WRIT FEE
  9. SUMMONS E-FILE COPY COST
  10. SUMMONS E-FILE COPY COST
  11. SUMMONS E-FILE COPY COST
  12. WRIT FEE
  13. WRIT FEE
  14. WRIT FEE
  15. 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
  16. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  17. 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
  18. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  19. SPECIAL PROJECTS FUND FEE
  20. LEGAL RESEARCH
  21. LEGAL NEWS
  22. LEGAL AID
  23. COMPUTER FEE
  24. CLERK'S FEE
  25. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  26. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  27. AMENDED COMPLAINT $75 SECOND AMENDED COMPLAINT FOR FORECLOSURE
  28. PLAINTIFF DISCOVER BANK'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, FILED 07/02/2024, IS GRANTED. PLAINTIFF MUST ALSO ATTEMPT SERVICE OF ANY KNOWN OR UNKNOWN HEIRS AT THE PROPERTY ADDRESS. NOTICE ISSUED
  29. MOTION FILED FOR P1 DISCOVER BANK JOSHUA J. EPLING 0079568 MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT 08/28/2024 - GRANTED
  30. CERTIFIED MAIL NUMBER 53685039 ADDRESSED TO DISCOVER BANK(D5) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  31. LEGAL NEWS ABSTRACT
  32. PROOF OF PUBLICATION FILED $586.80 - LEGAL NEWS FEE $250.00
  33. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $336.80
  34. CERTIFIED MAIL RECEIPT NO. 52795732 RETURNED 01/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  35. DEPOSIT AMOUNT PAID DONALD BRETT BRYSON
  36. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  37. USPS RECEIPT NO. 53685069 DELIVERED BY USPS 05/02/2024 DISCOVER BANK PROCESSED BY COC 05/08/2024.
  38. SUMS COMPLAINT(53685069) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK 4400 EASTON COMMONS WAY SUT 125 COLUMBUS, OH 43219-0000
  39. SUMS COMPLAINT(53685039) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK 502 EAST MARKET STREET GREENWOOD, DE 19950
  40. SUMMONS E-FILE COPY COST
  41. WRIT FEE
  42. SUMMONS E-FILE COPY COST
  43. WRIT FEE
  44. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
  45. DEPOSIT AMOUNT PAID JOSHUA J. EPLING
  46. AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR FORECLOSURE
  47. PLAINTIFF DISCOVER BANK'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, FILED 02/16/2024, IS GRANTED. NOTICE ISSUED
  48. CERTIFIED MAIL NUMBER 52795731 ADDRESSED TO DISCOVER BANK(D5) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  49. CERTIFIED MAIL RECEIPT NO. 52795734 RETURNED 01/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  50. CERTIFIED MAIL NUMBER 52683494 ADDRESSED TO DISCOVER BANK(D5) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  51. MOTION FILED FOR P1 DISCOVER BANK JOSHUA J. EPLING 0079568 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT 04/05/2024 - GRANTED
  52. SUMS COMPLAINT(53067122) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK 4400 EASTON COMMONS WAY SUT 125 COLUMBUS, OH 43219-0000
  53. WRIT FEE
  54. SUMMONS E-FILE COPY COST
  55. REQUEST FOR SERVICE FILED REQUEST FOR REISSUE
  56. CERTIFIED MAIL RECEIPT NO. 52795735 RETURNED 01/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - DECEASED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  57. CERTIFIED MAIL RECEIPT NO. 52795735 RETURNED 1/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  58. CERTIFIED MAIL RECEIPT NO. 52795733 RETURNED 1/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  59. CERTIFIED MAIL RECEIPT NO. 52795732 RETURNED 1/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  60. CERTIFIED MAIL RECEIPT NO. 52795734 RETURNED 1/17/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  61. SUMS COMPLAINT(52795735) SENT BY CERTIFIED MAIL. TO: VILHELM GOTHARD 4550 EFFIE ROAD CLEVELAND, OH 44105
  62. SUMS COMPLAINT(52795734) SENT BY CERTIFIED MAIL. TO: VILHELM GOTHARD P.O. BOX 605287 CLEVELAND, OH 44105-0000
  63. SUMS COMPLAINT(52795733) SENT BY CERTIFIED MAIL. TO: JULIA GOTHARD 4550 EFFIE ROAD CLEVELAND, OH 44105
  64. SUMS COMPLAINT(52795732) SENT BY CERTIFIED MAIL. TO: JULIA GOTHARD P.O. BOX 605287 CLEVELAND, OH 44105-0000
  65. SUMS COMPLAINT(52795731) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK 502 EAST MARKET STREET GREENWOOD, DE 19950
  66. SUMMONS E-FILE COPY COST
  67. WRIT FEE
  68. SUMMONS E-FILE COPY COST
  69. SUMMONS E-FILE COPY COST
  70. SUMMONS E-FILE COPY COST
  71. SUMMONS E-FILE COPY COST
  72. WRIT FEE
  73. WRIT FEE
  74. WRIT FEE
  75. WRIT FEE
  76. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
  77. USPS RECEIPT NO. 52683493 DELIVERED BY USPS 01/03/2024 PORTFOLIO RECOVERY ASSOCIATES, LLC PROCESSED BY COC 01/10/2024.
  78. USPS RECEIPT NO. 52683492 DELIVERED BY USPS 01/02/2024 AMERICAN EXPRESS CENTURION BANK PROCESSED BY COC 01/10/2024.
  79. CERTIFIED MAIL RECEIPT NO. 52683491 RETURNED 12/30/2023 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - RETURN TO SENDER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  80. CERTIFIED MAIL RECEIPT NO. 52683488 RETURNED 01/05/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - RETURN TO SENDER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  81. CERTIFIED MAIL RECEIPT NO. 52683490 RETURNED 01/05/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - RETURN TO SENDER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  82. CERTIFIED MAIL RECEIPT NO. 52683489 RETURNED 12/30/2023 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - RETURN TO SENDER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  83. CERTIFIED MAIL RECEIPT NO. 52683490 RETURNED 1/5/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  84. CERTIFIED MAIL RECEIPT NO. 52683488 RETURNED 1/5/2024 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  85. CERTIFIED MAIL RECEIPT NO. 52683491 RETURNED 12/30/2023 FAILURE OF SERVICE ON DEFENDANT GOTHARD/JULIA/ - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  86. CERTIFIED MAIL RECEIPT NO. 52683489 RETURNED 12/30/2023 FAILURE OF SERVICE ON DEFENDANT GOTHARD/VILHELM/ - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  87. SUMS COMPLAINT(52683494) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK 502 EAST MARKET STREET GREENWOOD, DE 19950
  88. SUMS COMPLAINT(52683493) SENT BY CERTIFIED MAIL. TO: PORTFOLIO RECOVERY ASSOCIATES, LLC C/O CORPORATION SERVICE COMPANY, S/ 3366 RIVERSIDE DRIVE, SUITE 103 UPPER ARLINGTON, OH 43221
  89. SUMS COMPLAINT(52683492) SENT BY CERTIFIED MAIL. TO: AMERICAN EXPRESS CENTURION BANK C/O CT CORPORATION SYSTEM S/A 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219
  90. SUMS COMPLAINT(52683491) SENT BY CERTIFIED MAIL. TO: JULIA GOTHARD P.O. BOX 605287 CLEVELAND, OH 44105-0000
  91. SUMS COMPLAINT(52683490) SENT BY CERTIFIED MAIL. TO: JULIA GOTHARD 4550 EFFIE ROAD CLEVELAND, OH 44105
  92. SUMS COMPLAINT(52683489) SENT BY CERTIFIED MAIL. TO: VILHELM GOTHARD P.O. BOX 605287 CLEVELAND, OH 44105-0000
  93. SUMS COMPLAINT(52683488) SENT BY CERTIFIED MAIL. TO: VILHELM GOTHARD 4550 EFFIE ROAD CLEVELAND, OH 44105
  94. WRIT FEE
  95. SUMMONS E-FILE COPY COST
  96. SUMMONS E-FILE COPY COST
  97. SUMMONS E-FILE COPY COST
  98. SUMMONS E-FILE COPY COST
  99. WRIT FEE
  100. WRIT FEE
  101. WRIT FEE
  102. SUMMONS E-FILE COPY COST
  103. SUMMONS E-FILE COPY COST
  104. SUMMONS E-FILE COPY COST
  105. WRIT FEE
  106. WRIT FEE
  107. WRIT FEE
  108. 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
  109. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  110. 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
  111. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  112. SPECIAL PROJECTS FUND FEE
  113. LEGAL RESEARCH
  114. LEGAL NEWS
  115. LEGAL AID
  116. COMPUTER FEE
  117. CLERK'S FEE
  118. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  119. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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