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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-09-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 55 entries

Parties

Plaintiff U.s. Bank Trust National Association Not In Its Individual Capacity But Solely As Owner Trustee For Legacy Mortgage Asset Trust 2021 Gs 4 C/o Selene Finance Lp
Defendant Tammy Y. Watts Gaddis|Darrell Gaddis|State Of Ohio Department Of Taxation C/o Ohio Attorney General|City Of Cleveland Heights C/o Regional Income Tax Agency
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. JUDGMENT ENTRY(52521009) SENT BY REGULAR MAIL SERVICE. TO: TAMMY Y. WATTS-GADDIS 3906 MONTICELLO BLVD CLEVELAND,, OH 44121
  3. JUDGMENT ENTRY(52521008) SENT BY EMAIL. TO: LAURA L. PETERS [email protected]
  4. JUDGMENT ENTRY(52521007) SENT BY EMAIL. TO: CLIFF G. BABCOCK [email protected]
  5. JUDGMENT ENTRY(52521006) SENT BY EMAIL. TO: CLIFF G. BABCOCK [email protected]
  6. JUDGMENT ENTRY(52521005) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  7. JUDGMENT ENTRY(52521004) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  8. PLAINTIFF'S MOTION TO DISMISS THE CASE PURSUANT TO CIVIL RULE 41(A)(2), IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  9. GR-23-024294
  10. MOTION TO DISMISS FILED PLAINTIFF'S MOTION TO DISMISS COMPLAINT PURSUANT TO CIVIL RULE 41(A)(2) 12/05/2023 - GRANTED
  11. CERTIFIED MAIL RECEIPT NO. 51942279 RETURNED 10/11/2023 FAILURE OF SERVICE ON DEFENDANT GADDIS/DARRELL / - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  12. CERTIFIED MAIL RECEIPT NO. 51942278 RETURNED 10/11/2023 FAILURE OF SERVICE ON DEFENDANT WATTS-GADDIS/TAMMY/Y. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  13. ANSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY LAURA L. PETERS 0063425 STATE OF OHIO DEPARTMENT OF TAXATION
  14. ANSWER FILED BY D4 CITY OF CLEVELAND HEIGHTS ATTORNEY CLIFF G. BABCOCK 0043901 ANSWER OF DEFENDANT CITY OF CLEVELAND HEIGHTS (R.I.T.A.) FORECLOSURE
  15. CERTIFIED MAIL RECEIPT NO. 51942279 RETURNED 10/11/2023 FAILURE OF SERVICE ON DEFENDANT GADDIS/DARRELL / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  16. CERTIFIED MAIL RECEIPT NO. 51942278 RETURNED 10/11/2023 FAILURE OF SERVICE ON DEFENDANT WATTS-GADDIS/TAMMY/Y. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  17. 51942493 ON 09/26/2023 I SERVED THE WITHIN NAMED GADDIS/DARRELL / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  18. 51942492 ON 09/26/2023 I SERVED THE WITHIN NAMED WATTS-GADDIS/TAMMY/Y. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  19. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY PAUL M NALEPKA 0040796 OF FILING SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  20. USPS RECEIPT NO. 51942282 DELIVERED BY USPS 09/28/2023 CITY OF CLEVELAND HEIGHTS PROCESSED BY COC 10/04/2023.
  21. USPS RECEIPT NO. 51942281 DELIVERED BY USPS 09/29/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 10/04/2023.
  22. USPS RECEIPT NO. 51942280 DELIVERED BY USPS 09/29/2023 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 10/04/2023.
  23. SUMS COMPLAINT(51942282) SENT BY CERTIFIED MAIL. TO: CITY OF CLEVELAND HEIGHTS 40 SEVERANCE CIRCLE CLEVELAND HEIGHTS, OH 44118
  24. SUMS COMPLAINT(51942281) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 30 EAST BROAD ST 14TH FL COLUMBUS, OH 43215-0000
  25. SUMS COMPLAINT(51942280) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 150 EAST GAY ST 21ST FL COLUMBUS,, OH 43215
  26. SUMS COMPLAINT(51942279) SENT BY CERTIFIED MAIL. TO: DARRELL GADDIS 3906 MONTICELLO BLVD CLEVELAND,, OH 44121
  27. SUMS COMPLAINT(51942278) SENT BY CERTIFIED MAIL. TO: TAMMY Y. WATTS-GADDIS 3906 MONTICELLO BLVD CLEVELAND,, OH 44121
  28. SUMS COMPLAINT(51942493) SENT BY SPECIAL PROCESS SERVER. TO: DARRELL GADDIS 3906 MONTICELLO BLVD CLEVELAND,, OH 44121
  29. SUMS COMPLAINT(51942492) SENT BY SPECIAL PROCESS SERVER. TO: TAMMY Y. WATTS-GADDIS 3906 MONTICELLO BLVD CLEVELAND,, OH 44121
  30. SUMMONS E-FILE COPY COST
  31. WRIT FEE
  32. SUMMONS E-FILE COPY COST
  33. WRIT FEE
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. WRIT FEE
  39. WRIT FEE
  40. WRIT FEE
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. WRIT FEE
  44. 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
  45. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  46. 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
  47. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  48. SPECIAL PROJECTS FUND FEE
  49. LEGAL RESEARCH
  50. LEGAL NEWS
  51. LEGAL AID
  52. COMPUTER FEE
  53. CLERK'S FEE
  54. DEPOSIT AMOUNT PAID PAUL M NALEPKA
  55. DEPOSIT AMOUNT PAID PAUL M NALEPKA

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