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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-22
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 117 entries

Parties

Plaintiff Nationstar Mortgage Llc
Defendant Tiera Roberts|Deonte Roberts|State Of Ohio Department Of Taxation C/o Ohio Attorney General
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. DEPOSIT REQUIRED FOR COURT COST TO CLERK $702.22 SHERIFF
  3. TO COURT: 11/08/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: MOHAMMED ALQADDI ........................................................................................... FOR $81,100.00 DATE OF SALE 07/15/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  4. JUDGMENT ENTRY(54936548) SENT BY REGULAR MAIL SERVICE. TO: DEONTE ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44128
  5. JUDGMENT ENTRY(54936547) SENT BY REGULAR MAIL SERVICE. TO: TIERA ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44124
  6. RECORDER'S FEE $1.00
  7. JUDGMENT ENTRY(54936546) SENT BY EMAIL. TO: NICOLE R. RANDALL [email protected]
  8. JUDGMENT ENTRY(54936545) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  9. JUDGMENT ENTRY(54936544) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  10. JUDGMENT ENTRY(54936543) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  11. JUDGMENT ENTRY(54936542) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  12. DECREE OF CONFIRMATION (Parcel(s) #14002115) 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 MOHAMMED ALQADDI 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  13. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE THAT REIMBURSEMENT FOR ADVANCES WILL NOT BE SOUGHT
  14. OOS ORDER OF SALE RETURNED 7/17/2024, SOLD DATE 7/15/2024 SOLD TO: MOHAMMED ALQADDI FOR $81,100.00
  15. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $626.00 PREPAID TO LEGAL NEWS.
  16. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF SALE
  17. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/28/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/28/2024 IT WILL BE RE-OFFERED ON 06/10/2024 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: STANLEY R PATRISKI, APPRAISAL COST: $50 REGULAR FEE. CHRISTOPHER J LOFTUS, APPRAISAL COST: $53 REGULAR FEE AND MILEAGE. JOHN F LENEHAN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-984302 DATED THIS 23rd DAY OF APRIL, 2024 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  18. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF SALE
  19. OOS LAND APPRAISAL FILED
  20. REGULAR MAIL SERVICE RECEIPT NO. 53520593 RETURNED 04/23/2024 FAILURE OF SERVICE ON DEFENDANT ROBERTS/DEONTE/ RETURN TO SENDER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  21. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 140-02-115
  22. REAL AUCTION
  23. DEPOSIT AMOUNT PAID JAMES L SASSANO
  24. PRAECIPE FOR ORDER OF SALE $820 ORDER OF SALE
  25. JUDGMENT ENTRY(53520594) SENT BY REGULAR MAIL SERVICE. TO: TIERA ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44124
  26. JUDGMENT ENTRY(53520593) SENT BY REGULAR MAIL SERVICE. TO: DEONTE ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44128
  27. JUDGMENT ENTRY(53520592) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  28. JUDGMENT ENTRY(53520591) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  29. JUDGMENT ENTRY(53520590) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  30. JUDGMENT ENTRY(53520589) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  31. JUDGMENT ENTRY(53520588) SENT BY EMAIL. TO: NICOLE R. RANDALL [email protected]
  32. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  33. MAGISTRATE'S DECISION(53292795) SENT BY REGULAR MAIL SERVICE. TO: TIERA ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44124
  34. MAGISTRATE'S DECISION(53292794) SENT BY REGULAR MAIL SERVICE. TO: DEONTE ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44128
  35. MAGISTRATE'S DECISION(53292793) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  36. MAGISTRATE'S DECISION(53292792) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  37. MAGISTRATE'S DECISION(53292791) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  38. MAGISTRATE'S DECISION(53292790) SENT BY EMAIL. TO: WILLIAM L. COSTELLO [email protected]
  39. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW (REVISED) FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  40. DEFAULT HEARING HELD. ATTORNEY ZINK-DELANEY APPEARED ON BEHALF OF THE PLAINTIFF. DEFENDANTS DID NOT PARTICIPATE. MAGISTRATE'S DECISION TO BE FILED AND ISSUED SEPARATELY. NOTICE ISSUED
  41. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF DEFAULT HEARING
  42. GENERAL PLEADING FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 FINAL JUDICIAL REPORT
  43. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 03/12/2024 AT 10:30AM BEFORE MAGISTRATE JIM L 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
  44. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SUBMISSION OF PROPOSED MAGISTRATE'S DECISION AND ORDER ADOPTING MAGISTRATE'S DECISION
  45. AFFIDAVIT FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 MILITARY AFFIDAVIT
  46. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 03/12/2024 - GRANTED
  47. AFFIDAVIT FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 AFFIDAVIT OF WILLIAM L. COSTELLO
  48. USPS RECEIPT NO. 52759286 DELIVERED BY USPS 01/18/2024 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 01/24/2024.
  49. ANSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY NICOLE R. RANDALL 0081351 STATE OF OHIO DEPARTMENT OF TAXATION
  50. SUMS AMENDED COMPLNT(52759286) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION CO ATTORNEY GENERAL 150 EAST GAY STREET 21ST FLOOR COLUMBUS, OH 43215-0000
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL ON AMENDED COMPLAINT
  54. USPS RECEIPT NO. 52592311 DELIVERED BY USPS 12/21/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 01/03/2024.
  55. SUMS AMENDED COMPLNT(52592311) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215-0000
  56. SUMMONS E-FILE COPY COST
  57. WRIT FEE
  58. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
  59. AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR MONEY AND FORECLOSURE
  60. DEFAULT HEARING CALLED, BUT DID NOT GO FORWARD. PLAINTIFF'S FINAL JUDICIAL REPORT IDENTIFIES A LIEN OF THE STATE OF OHIO DEPARTMENT OF TAXATION THAT PRECEDES THE FILING OF THIS CASE. PLAINTIFF HAS 30 DAYS FROM THE DATE OF THIS ORDER TO FILE A SUPPLEMENTAL COMPLAINT TO ADD STATE OF OHIO DEPARTMENT OF TAXATION AS A DEFENDANT HEREIN OR TO FILE AN ENDORSEMENT TO THE TITLEWORK REMOVING EXCEPTION #4 OF THE FINAL JUDICIAL REPORT. NOTICE ISSUED
  61. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SUBMISSION OF PROPOSED REVISED MAGISTRATE'S DECISION AND ORDER ADOPTING REVISED MAGISTRATE'S DECISION
  62. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY WILLIAM L. COSTELLO 0040631 NOTICE OF DEFAULT HEARING
  63. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/21/2023 AT 10:45AM BEFORE MAGISTRATE JIM L 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
  64. NOTICE FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SUBMISSION OF PROPOSED MAGISTRATE'S DECISION AND ORDER ADOPTING MAGISTRATE'S DECISION
  65. AFFIDAVIT FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 MILITARY AFFIDAVIT
  66. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 11/21/2023 - HELD IN ABEYANCE
  67. GENERAL PLEADING FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 FINAL JUDICIAL REPORT
  68. AFFIDAVIT FILED BY P1 NATIONSTAR MORTGAGE LLC ATTORNEY JAMES L SASSANO 0062253 AFFIDAVIT OF WILLIAM L. COSTELLO
  69. CERTIFIED MAIL RECEIPT NO. 51459234 RETURNED 09/16/2023 FAILURE OF SERVICE ON DEFENDANT ROBERTS/DEONTE/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  70. USPS RECEIPT NO. 51459230 DELIVERED BY USPS 09/13/2023 ROBERTS/TIERA/ PROCESSED BY COC 09/20/2023.
  71. CERTIFIED MAIL RECEIPT NO. 51459234 RETURNED 9/16/2023 FAILURE OF SERVICE ON DEFENDANT ROBERTS/DEONTE/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  72. 51459229 ON 08/29/2023 THE WITHIN NAMED ROBERTS/TIERA/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  73. 51459228 ON 08/29/2023 I SERVED THE WITHIN NAMED ROBERTS/TIERA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  74. 51459232 ON 08/29/2023 I SERVED THE WITHIN NAMED ROBERTS/DEONTE/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  75. NOTICE OF SUMMONS SERVICE RETURN FILED
  76. NOTICE OF SUMMONS SERVICE RETURN FILED
  77. NOTICE OF SUMMONS SERVICE RETURN FILED
  78. NOTICE OF SUMMONS SERVICE RETURN FILED
  79. CERTIFIED MAIL RECEIPT NO. 51459235 RETURNED 8/29/2023 FAILURE OF SERVICE ON DEFENDANT ROBERTS/DEONTE/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  80. CERTIFIED MAIL RECEIPT NO. 51459231 RETURNED 8/26/2023 FAILURE OF SERVICE ON DEFENDANT ROBERTS/TIERA/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  81. SUMS COMPLAINT(51459235) SENT BY CERTIFIED MAIL. TO: DEONTE ROBERTS 15510 BILTMORE AVENUE CLEVELAND, OH 44128-0000
  82. SUMS COMPLAINT(51459234) SENT BY CERTIFIED MAIL. TO: DEONTE ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44128
  83. SUMS COMPLAINT(51459231) SENT BY CERTIFIED MAIL. TO: TIERA ROBERTS 15510 BILTMORE AVENUE CLEVELAND, OH 44128-0000
  84. SUMS COMPLAINT(51459230) SENT BY CERTIFIED MAIL. TO: TIERA ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44124
  85. SUMS COMPLAINT(51459233) SENT BY SPECIAL PROCESS SERVER. TO: DEONTE ROBERTS 15510 BILTMORE AVENUE CLEVELAND, OH 44128-0000
  86. SUMS COMPLAINT(51459232) SENT BY SPECIAL PROCESS SERVER. TO: DEONTE ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44128
  87. SUMS COMPLAINT(51459229) SENT BY SPECIAL PROCESS SERVER. TO: TIERA ROBERTS 15510 BILTMORE AVENUE CLEVELAND, OH 44128-0000
  88. SUMS COMPLAINT(51459228) SENT BY SPECIAL PROCESS SERVER. TO: TIERA ROBERTS 1260 BRAINARD ROAD CLEVELAND, OH 44124
  89. SUMMONS E-FILE COPY COST
  90. WRIT FEE
  91. SUMMONS E-FILE COPY COST
  92. SUMMONS E-FILE COPY COST
  93. SUMMONS E-FILE COPY COST
  94. SUMMONS E-FILE COPY COST
  95. SUMMONS E-FILE COPY COST
  96. WRIT FEE
  97. WRIT FEE
  98. WRIT FEE
  99. WRIT FEE
  100. WRIT FEE
  101. SUMMONS E-FILE COPY COST
  102. SUMMONS E-FILE COPY COST
  103. WRIT FEE
  104. WRIT FEE
  105. 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
  106. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  107. 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
  108. FIELD SERVICE REPRESENTATIVE OR OTHER CONTACT: NAME DEE SMITH NUMBER 2163607200
  109. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  110. SPECIAL PROJECTS FUND FEE
  111. LEGAL RESEARCH
  112. LEGAL NEWS
  113. LEGAL AID
  114. COMPUTER FEE
  115. CLERK'S FEE
  116. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO
  117. DEPOSIT AMOUNT PAID WILLIAM L. COSTELLO

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