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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-27
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 107 entries

Parties

Plaintiff Freedom Mortgage Corporation
Defendant Tashanna E Butler|Unk. Spouse Of Tashanna E Butler|Roto Rooter Services
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CERTIFIED MAIL RECEIPT NO. 52262416 RETURNED 11/22/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF TASHANNA E BUTLER - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  2. CERTIFIED MAIL RECEIPT NO. 52262415 RETURNED 11/22/2023 FAILURE OF SERVICE ON DEFENDANT BUTLER/TASHANNA/E - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  3. ON 11/10/2023 I SERVED THE WITHIN NAMED ROTO-ROOTER SERVICES BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  4. ON 11/10/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE OF TASHANNA E BUTLER BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  5. ON 11/10/2023 I SERVED THE WITHIN NAMED BUTLER/TASHANNA/E BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  6. GENERAL PLEADING FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AMENDED PRELIMINARY JUDICIAL REPORT
  7. USPS RECEIPT NO. 52262417 DELIVERED BY USPS 11/06/2023 ROTO-ROOTER SERVICES PROCESSED BY COC 11/15/2023.
  8. SUMS COMPLAINT(52262417) SENT BY CERTIFIED MAIL. TO: ROTO-ROOTER SERVICES 5375 NAIMAN PARKWAY SOLON, OH 44139
  9. SUMS COMPLAINT(52262416) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  10. SUMS COMPLAINT(52262415) SENT BY CERTIFIED MAIL. TO: TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  11. SUMS COMPLAINT(52262549) SENT BY SPECIAL PROCESS SERVER. TO: TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  12. SUMS COMPLAINT(52262548) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  13. SUMS COMPLAINT(52262547) SENT BY SPECIAL PROCESS SERVER. TO: ROTO-ROOTER SERVICES 5375 NAIMAN PARKWAY SOLON, OH 44139
  14. SUMMONS E-FILE COPY COST
  15. SUMMONS E-FILE COPY COST
  16. SUMMONS E-FILE COPY COST
  17. WRIT FEE
  18. WRIT FEE
  19. WRIT FEE
  20. SUMMONS E-FILE COPY COST
  21. SUMMONS E-FILE COPY COST
  22. SUMMONS E-FILE COPY COST
  23. WRIT FEE
  24. WRIT FEE
  25. WRIT FEE
  26. 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
  27. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  28. 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
  29. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  30. SPECIAL PROJECTS FUND FEE
  31. LEGAL RESEARCH
  32. LEGAL NEWS
  33. LEGAL AID
  34. COMPUTER FEE
  35. CLERK'S FEE
  36. DEPOSIT AMOUNT PAID MELISSA J WHALEN
  37. DEPOSIT AMOUNT PAID MELISSA J WHALEN
  38. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 07/15/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 07/15/2024 IT WILL BE RE-OFFERED ON 07/29/2024 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: RUTH A LASSITER, APPRAISAL COST: $52.7 REGULAR FEE AND MILEAGE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. CHRISTOPHER J LOFTUS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-987671 DATED THIS 11th DAY OF JUNE, 2024 NOTICE ISSUED NOTICE ISSUED
  39. AND APPRAISAL OOS, FILED.
  40. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 541-16-093
  41. EAL AUCTION
  42. EPOSIT AMOUNT PAID MELISSA J WHALEN
  43. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  44. ENERAL PLEADING FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 PRAECIPE FOR ORDER OF SALE
  45. LAINTIFF'S MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER FILED ON 4/4/24 IS DENIED. NOTICE ISSUED
  46. OTION FILED FOR P1 FREEDOM MORTGAGE CORPORATION MELISSA J WHALEN 0068316 PLAINTIFF'S MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL PROPERTY AT PUBLIC AUCTION 04/04/2024 - DENIED
  47. UDGMENT ENTRY(53407342) SENT BY REGULAR MAIL SERVICE. TO: ROTO-ROOTER SERVICES 5375 NAIMAN PARKWAY SOLON, OH 44139
  48. UDGMENT ENTRY(53407341) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  49. UDGMENT ENTRY(53407340) SENT BY REGULAR MAIL SERVICE. TO: TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  50. UDGMENT ENTRY(53407339) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
  51. HE COURT ADOPTS THE ATTACHED MAGISTRATE'S DECISION. DECREE OF FORECLOSURE. FINAL. OSJ. NOTICE ISSUED
  52. AGISTRATE'S DECISION(53186167) SENT BY REGULAR MAIL SERVICE. TO: ROTO-ROOTER SERVICES 5375 NAIMAN PARKWAY SOLON, OH 44139
  53. AGISTRATE'S DECISION(53186166) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  54. AGISTRATE'S DECISION(53186165) SENT BY REGULAR MAIL SERVICE. TO: TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  55. AGISTRATE'S DECISION(53186164) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
  56. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  57. ASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. DEFENDANTS ABSENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 2/8/24 IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  58. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF HEARING
  59. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 2/29/2024 AT 10:00AM 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 SHOULD 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 7 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  60. EARING SET FOR 02/29/2024 AT 10:00 AM.
  61. OCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 173949425 02/08/2024 OT)
  62. LAINTIFF HAS NOW "FILED" A MAGISTRATE'S DECISION ON THE COURT'S DOCKET ON 2/8/24. PLAINTIFF MUST ACTUALLY "SUBMIT" A PROPOSED MAGISTRATE'S DECISION AND "SUBMIT" A PROPOSED ADOPTION ORDER TO THE COURT. "FILING" PROPOSED DECISIONS ON THE COURT DOCKET LEADS TO CONFUSION TO THE AVERAGE PERSON READING THE COURT'S DOCKET. THEREFORE, THE COURT STRIKES THE "NOTICE OF FILING OF MAG DEC" OF 2/8/24. PLAINTIFF STILL HAS UNTIL 2/15/24 TO DO THINGS CORRECTLY. COURT ATTEMPTED TO CONTACT THE OFFICE OF COUNSEL FOR PLAINTIFF BY PHONE TO MAKE IT AWARE OF THIS ENTRY. NOTICE ISSUED
  63. LAINTIFF HAS FAILED TO SUBMIT A PROPOSED MAGISTRATE'S DECISION AND A PROPOSED ADOPTION ORDER TO THE COURT. PLAINTIFF HAS UNTIL 2/15/24 TO PROPERLY SUBMIT BOTH DOCUMENTS TO THE COURT. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO COMPLY. COURT LEFT VOICE MESSAGE FOR ATTORNEY MELISSA WHALEN INFORMING HER OF THIS ENTRY. NOTICE ISSUED
  64. ENERAL PLEADING FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 FINAL JUDICIAL REPORT
  65. FFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 ATTORNEY AFFIDAVIT
  66. FFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 MILITARY AFFIDAVIT
  67. FFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT OF ACCOUNT STATUS
  68. OTION FOR DEFAULT JUDGMENT 02/29/2024 - GRANTED
  69. ERTIFIED MAIL RECEIPT NO. 52262415 RETURNED 11/22/2023 FAILURE OF SERVICE ON DEFENDANT BUTLER/TASHANNA/E - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  70. ERTIFIED MAIL RECEIPT NO. 52262416 RETURNED 11/22/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF TASHANNA E BUTLER - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  71. ERTIFIED MAIL RECEIPT NO. 52262416 RETURNED 11/22/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF TASHANNA E BUTLER - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  72. ERTIFIED MAIL RECEIPT NO. 52262415 RETURNED 11/22/2023 FAILURE OF SERVICE ON DEFENDANT BUTLER/TASHANNA/E - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  73. ON 11/10/2023 I SERVED THE WITHIN NAMED ROTO-ROOTER SERVICES BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  74. ON 11/10/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE OF TASHANNA E BUTLER BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  75. ON 11/10/2023 I SERVED THE WITHIN NAMED BUTLER/TASHANNA/E BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  76. ENERAL PLEADING FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AMENDED PRELIMINARY JUDICIAL REPORT
  77. SPS RECEIPT NO. 52262417 DELIVERED BY USPS 11/06/2023 ROTO-ROOTER SERVICES PROCESSED BY COC 11/15/2023.
  78. UMS COMPLAINT(52262417) SENT BY CERTIFIED MAIL. TO: ROTO-ROOTER SERVICES 5375 NAIMAN PARKWAY SOLON, OH 44139
  79. UMS COMPLAINT(52262416) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  80. UMS COMPLAINT(52262415) SENT BY CERTIFIED MAIL. TO: TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  81. UMS COMPLAINT(52262549) SENT BY SPECIAL PROCESS SERVER. TO: TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  82. UMS COMPLAINT(52262548) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF TASHANNA E BUTLER 4850 EAST 90TH STREET GARFIELD HEIGHTS, OH 44125
  83. UMS COMPLAINT(52262547) SENT BY SPECIAL PROCESS SERVER. TO: ROTO-ROOTER SERVICES 5375 NAIMAN PARKWAY SOLON, OH 44139
  84. UMMONS E-FILE COPY COST
  85. UMMONS E-FILE COPY COST
  86. UMMONS E-FILE COPY COST
  87. RIT FEE
  88. RIT FEE
  89. RIT FEE
  90. UMMONS E-FILE COPY COST
  91. UMMONS E-FILE COPY COST
  92. UMMONS E-FILE COPY COST
  93. RIT FEE
  94. RIT FEE
  95. RIT FEE
  96. LL 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
  97. AGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  98. T 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
  99. UDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  100. PECIAL PROJECTS FUND FEE
  101. EGAL RESEARCH
  102. EGAL NEWS
  103. EGAL AID
  104. OMPUTER FEE
  105. LERK'S FEE
  106. EPOSIT AMOUNT PAID MELISSA J WHALEN
  107. EPOSIT AMOUNT PAID MELISSA J WHALEN

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