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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-09-20
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 170 entries

Parties

Plaintiff Deutsche Bank National Trust Company, As Trustee For Arget Securities Inc., Asset Backed Pass Through Certificates, Series 2005 W 3 C/o Phh Mortgage Corporation
Defendant Brian Bower|Unk. Spouse, If Any, Of Brian Bower|Brenda Gray
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT
  2. CASE REFUND TO REISENFELD & ASSOCIATES
  3. DEPOSIT AMOUNT PAID SHERIFF
  4. DEPOSIT REQUIRED FOR COURT COST TO CLERK $1,918.85 SHERIFF
  5. TO COURT: 12/12/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: CLEVELAND LIVING LLC ........................................................................................... FOR $180,100.00 DATE OF SALE 05/06/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  6. RECORDER'S FEE $2.00
  7. CERTIFICATE OF TITLE $735.91 PAY TO DEUTSCHE BANK NATIONAL TRUST COMPANY
  8. JUDGMENT ENTRY(54804270) SENT BY REGULAR MAIL SERVICE. TO: BRENDA GRAY 22450 RYE ROAD SHAKER HEIGHTS, OH 44122-0000
  9. JUDGMENT ENTRY(54804269) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE, IF ANY, OF BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  10. JUDGMENT ENTRY(54804268) SENT BY EMAIL. TO: WHITNEY E KASTER [email protected]
  11. JUDGMENT ENTRY(54804267) SENT BY EMAIL. TO: WHITNEY E KASTER [email protected]
  12. JUDGMENT ENTRY(54804266) SENT BY EMAIL. TO: AARON COLE [email protected]
  13. JUDGMENT ENTRY(54804265) SENT BY EMAIL. TO: AARON COLE [email protected]
  14. JUDGMENT ENTRY(54804264) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  15. JUDGMENT ENTRY(54804263) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  16. JUDGMENT ENTRY(54804262) SENT BY EMAIL. TO: Y. MARILYN RAMIREZ [email protected]
  17. JUDGMENT ENTRY(54804261) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  18. JUDGMENT ENTRY(54804260) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  19. JUDGMENT ENTRY(54804259) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  20. JUDGMENT ENTRY(54804258) SENT BY EMAIL. TO: MICHAEL R BRINKMAN [email protected]
  21. JUDGMENT ENTRY(54804257) SENT BY EMAIL. TO: MICHAEL R BRINKMAN [email protected]
  22. JUDGMENT ENTRY(54804256) SENT BY EMAIL. TO: BRIAN E CHAPMAN [email protected]
  23. JUDGMENT ENTRY(54804255) SENT BY EMAIL. TO: BRIAN E CHAPMAN [email protected]
  24. JUDGMENT ENTRY(54804254) SENT BY EMAIL. TO: MARC E DANN [email protected]
  25. JUDGMENT ENTRY(54804253) SENT BY EMAIL. TO: MARC E DANN [email protected]
  26. DECREE OF CONFIRMATION (Parcel(s) #20331090) 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 CLEVELAND LIVING LLC 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. NOTICE ISSUED
  27. PLAINTIFF'S MOTION FOR REIMBURSEMENT OF ADVANCES IS GRANTED IN PART. O.S.J. NOTICE ISSUED
  28. PLAINTIFF'S MOTION FOR EXTENSION OF TIME, FILED 05/21/2024, IS UNOPPOSED AND GRANTED. THE MOTION FOR ADVANCES IS ACCEPTED AS FILED ON 05/28/24. NOTICE ISSUED
  29. MOTION FILED FOR P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES Y. MARILYN RAMIREZ 0074242 MOTION FOR REIMBURSEMENT OF ADVANCES 09/05/2024 - GRANTED IN PART
  30. MOTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION FOR EXTENSION OF TIME 06/05/2024 - UNOPPOSED AND GRANTED
  31. OOS ORDER OF SALE RETURNED 5/8/2024, SOLD DATE 5/6/2024 SOLD TO: CLEVELAND LIVING LLC FOR $180,100.00
  32. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $648.80 PREPAID TO LEGAL NEWS.
  33. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF SALE
  34. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/06/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/06/2024 IT WILL BE RE-OFFERED ON 05/20/2024 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: PAUL D KINCZEL, APPRAISAL COST: $52.54 REGULAR FEE AND MILEAGE. JOHN ANDREWS, APPRAISAL COST: $50 REGULAR FEE. CRYSTAL A WILLIAMS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-22-968913 DATED THIS 2nd DAY OF APRIL, 2024 NOTICE ISSUED NOTICE ISSUED
  35. LAND APPRAISAL OOS
  36. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 203-31-090
  37. REAL AUCTION
  38. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  39. PRAECIPE FOR ORDER OF SALE $820
  40. JUDGMENT ENTRY(52796549) SENT BY REGULAR MAIL SERVICE. TO: BRENDA GRAY 22450 RYE ROAD SHAKER HEIGHTS, OH 44122-0000
  41. JUDGMENT ENTRY(52796548) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE, IF ANY, OF BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  42. JUDGMENT ENTRY(52796547) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  43. JUDGMENT ENTRY(52796546) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  44. JUDGMENT ENTRY(52796545) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  45. JUDGMENT ENTRY(52796544) SENT BY EMAIL. TO: WHITNEY E KASTER [email protected]
  46. JUDGMENT ENTRY(52796543) SENT BY EMAIL. TO: WHITNEY E KASTER [email protected]
  47. JUDGMENT ENTRY(52796542) SENT BY EMAIL. TO: AARON COLE [email protected]
  48. JUDGMENT ENTRY(52796541) SENT BY EMAIL. TO: AARON COLE [email protected]
  49. JUDGMENT ENTRY(52796540) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  50. JUDGMENT ENTRY(52796539) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  51. JUDGMENT ENTRY(52796538) SENT BY EMAIL. TO: Y. MARILYN RAMIREZ [email protected]
  52. JUDGMENT ENTRY(52796537) SENT BY EMAIL. TO: MICHAEL R BRINKMAN [email protected]
  53. JUDGMENT ENTRY(52796536) SENT BY EMAIL. TO: MICHAEL R BRINKMAN [email protected]
  54. JUDGMENT ENTRY(52796535) SENT BY EMAIL. TO: BRIAN E CHAPMAN [email protected]
  55. JUDGMENT ENTRY(52796534) SENT BY EMAIL. TO: BRIAN E CHAPMAN [email protected]
  56. JUDGMENT ENTRY(52796533) SENT BY EMAIL. TO: MARC E DANN [email protected]
  57. JUDGMENT ENTRY(52796532) SENT BY EMAIL. TO: MARC E DANN [email protected]
  58. ORDER ADOPTING THE MAGISTRATE'S DECISION. O.S.J. 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
  59. MAGISTRATE'S DECISION(52549749) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE, IF ANY, OF BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  60. MAGISTRATE'S DECISION(52549748) SENT BY REGULAR MAIL SERVICE. TO: BRENDA GRAY 22450 RYE ROAD SHAKER HEIGHTS, OH 44122-0000
  61. MAGISTRATE'S DECISION(52549747) SENT BY EMAIL. TO: BRIAN E CHAPMAN [email protected]
  62. MAGISTRATE'S DECISION(52549746) SENT BY EMAIL. TO: BRIAN E CHAPMAN [email protected]
  63. MAGISTRATE'S DECISION(52549745) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  64. MAGISTRATE'S DECISION(52549744) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  65. MAGISTRATE'S DECISION(52549743) SENT BY EMAIL. TO: ROBERT N LURIE [email protected]
  66. MAGISTRATE'S DECISION(52549742) SENT BY EMAIL. TO: WHITNEY E KASTER [email protected]
  67. MAGISTRATE'S DECISION(52549741) SENT BY EMAIL. TO: WHITNEY E KASTER [email protected]
  68. MAGISTRATE'S DECISION(52549740) SENT BY EMAIL. TO: MARC E DANN [email protected]
  69. MAGISTRATE'S DECISION(52549739) SENT BY EMAIL. TO: MARC E DANN [email protected]
  70. MAGISTRATE'S DECISION(52549738) SENT BY EMAIL. TO: AARON COLE [email protected]
  71. MAGISTRATE'S DECISION(52549737) SENT BY EMAIL. TO: AARON COLE [email protected]
  72. MAGISTRATE'S DECISION(52549736) SENT BY EMAIL. TO: Y. MARILYN RAMIREZ [email protected]
  73. MAGISTRATE'S DECISION(52549735) SENT BY EMAIL. TO: MICHAEL R BRINKMAN [email protected]
  74. MAGISTRATE'S DECISION(52549734) SENT BY EMAIL. TO: MICHAEL R BRINKMAN [email protected]
  75. MAGISTRATE'S DECISION(52549733) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  76. MAGISTRATE'S DECISION(52549732) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  77. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW (IN REM CONSENT) FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  78. MOTION FOR EXTENSION OF TIME TO SUBMIT CONSENT ENTRY IS UNOPPOSED AND GRANTED. NOTICE ISSUED
  79. 11/28/23: DEFAULT HEARING HELD. MAGISTRATE'S DECISION TO ISSUE FORTHWITH. NOTICE ISSUED
  80. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 NOTICE OF MDJ HEARING
  81. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/28/2023 AT 09:00AM BEFORE MAGISTRATE AMY R 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
  82. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 12/05/2023 - UNOPPOSED AND GRANTED
  83. GENERAL PLEADING FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 FINAL JUDICIAL REPORT
  84. AFFIDAVIT FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 MILITARY AFFIDAVIT
  85. AFFIDAVIT FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 AFFIDAVIT OF BRIAN E CHAPMAN
  86. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 NOTICE OF COMPLIANCE
  87. MOTION FOR EXTENSION OF TIME 12/05/2023 - UNOPPOSED AND GRANTED
  88. THIS CASE WAS CALLED FOR TRIAL. BEFORE TRIAL BEGAN, THE PARTIES REACHED AN AGREEMENT. THE PARTIES AGREED TO SUBMIT TO THE COURT A CONSENT DECREE OF FORECLOSURE. THIS CONSENT DECREE OF FORECLOSURE IS DUE 10/27/23 AND WILL BE JOURNALIZED ON OR AFTER 10/31/23. THE PARTIES AGREED TO A MOVE OUT DATE OF ON OR BEFORE 03/31/24 AND PLAINTIFF WILL NOT FILE A PRAECIPE FOR SHERIFF'S SALE UNTIL ON OR AFTER 03/01/24. LASTLY DEFENDANT AGREES TO NOT FILE MOTION(S) TO STAY OR APPEAL AND PLAINTIFF AGREES TO MOVE TO VACATE THE DECREE IF DEFENDANT REINSTATES THE LOAN OR ENTERS INTO A LOAN MODIFICATION AGREEMENT. NOTICE ISSUED
  89. THE COURT IS IN RECEIPT OF THE NOTICE OF STATUS. CASE IS HEREBY REACTIVATED. TRIAL TO GO FORWARD ON 09/27/23. NOTICE ISSUED
  90. NOTICE FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 NOTICE OF STATUS
  91. NOTICE OF APPEARANCE, FILED P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ROBERT N LURIE 0063976. NOTICE OF APPEARANCE
  92. MOTION FILED FOR P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES BRIAN E CHAPMAN 0039826 MOTION TO AMEND 12/05/2023 - MOOT
  93. USPS RECEIPT NO. 51308836 DELIVERED BY USPS 08/14/2023 GRAY/BRENDA/ PROCESSED BY COC 08/23/2023.
  94. FINAL PRETRIAL HELD BY MAGISTRATE. THE DEFENDANT HAS SUBMITTED A LOSS MITIGATION PACKET TO PLAINTIFF. AS THE COURT HAS BEEN NOTIFIED OF A LOSS MITIGATION STAY UNDER FEDERAL OR STATE LAW, THIS CASE IS STAYED AND WILL BE REINSTATED ONLY UPON PROPER MOTION AFTER THE LOSS MITIGATION PROCESS HAS BEEN CONCLUDED. PLAINTIFF TO FILE A NOTICE OF STATUS OR A MOTION TO REINSTATE WITHIN 30 DAYS OF THIS ORDER. IF THE CASE IS REACTIVATED IN THE NEXT 30 DAYS AND NOT SETTLED, THE TRIAL WILL BE HELD ON 09/27/23 AT 9:00 AM. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  95. BENCH TRIAL SCHEDULED FOR 09/08/2023 AT 09:00 AM IS CANCELLED.
  96. BRIEF FILED BY D1 BRIAN BOWER WHITNEY E KASTER 0091540 DEFENDANT BRIAN BOWER'S FINAL PRETRIAL STATEMENT
  97. BRIEF FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES BRIAN E CHAPMAN 0039826 AMENDED TRIAL BRIEF
  98. 51109351 ON 08/07/2023 I SERVED THE WITHIN NAMED GRAY/BRENDA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  99. 51109349 ON 07/19/2023 I SERVED THE WITHIN NAMED BOWER/BRIAN/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  100. 51109350 ON 07/19/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE, IF ANY, OF BRIAN BOWER BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  101. SUMS AMENDED COMPLNT(51308836) SENT BY CERTIFIED MAIL. TO: BRENDA GRAY 22450 RYE RD SHAKER HEIGHTS, OH 44122-0000
  102. SUMMONS E-FILE COPY COST
  103. WRIT FEE
  104. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY CERTIFIED MAIL
  105. BRIEF FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES BRIAN E CHAPMAN 0039826 TRIAL BRIEF
  106. MOTION TO CONTINUE SCHEDULING ORDER IS DENIED. FPT AND TRIAL TO TAKE PLACE ON THE DATES AS SCHEDULED. NOTICE ISSUED
  107. ANSWER FILED BY D1 BRIAN BOWER ATTORNEY WHITNEY E KASTER 0091540 DEFENDANT BRIAN BOWER'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT
  108. SUMS AMENDED COMPLNT(51109351) SENT BY SPECIAL PROCESS SERVER. TO: BRENDA GRAY 3357 EAST FAIRFAX ROAD CLEVELAND, OH 44118
  109. SUMS AMENDED COMPLNT(51109350) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE, IF ANY, OF BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  110. SUMS AMENDED COMPLNT(51109349) SENT BY SPECIAL PROCESS SERVER. TO: BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  111. SUMMONS E-FILE COPY COST
  112. SUMMONS E-FILE COPY COST
  113. WRIT FEE
  114. WRIT FEE
  115. WRIT FEE
  116. SUMMONS E-FILE COPY COST
  117. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER
  118. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  119. AMENDED COMPLAINT $75 AMENDED IN REM COMPLAINT IN FORECLOSURE
  120. PLAINTIFF'S MOTION FOR LEAVE OF THE COURT TO AMEND THE COMPLAINT INSTANTER IS UNOPPOSED AND GRANTED. NOTICE ISSUED
  121. MOTION FOR EXTENSION OF TIME MOTION TO CONTINUE SCHEDULING ORDER 07/23/2023 - DENIED
  122. MOTION FILED FOR P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES CARRIE L DAVIS 0083281 MOTION FOR LEAVE OF THE COURT TO AMEND THE COMPLAINT INSTANTER 07/03/2023 - UNOPPOSED AND GRANTED
  123. PLAINTIFF'S MOTION FOR EXTENSION OF TIME IS UNOPPOSED AND GRANTED. PLAINTIFF TO FILE ALL DISPOSITIVE MOTIONS ON OR BEFORE 06/28/23. NOTICE ISSUED
  124. MOTION FOR EXTENSION OF TIME MOTION TO EXTEND DMD 06/07/2023 - UNOPPOSED AND GRANTED
  125. GENERAL PLEADING FILED BY P1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGET SECURITIES ATTORNEY BRIAN E CHAPMAN 0039826 INITIAL DISCLOSURE
  126. TELEPHONE PRETRIAL HELD BY MAGISTRATE JACKSON. ATTORNEYS FOR PLAINTIFF AND DEFENDANT BOWER APPEARED. DISCOVERY CUT-OFF IS 04/14/23 AND DISPOSITIVE MOTIONS ARE DUE 05/19/23. A FINAL PRETRIAL IS SET FOR 08/11/23 AT 9:00 AM AND A BENCH TRIAL IS SET FOR 09/08/23 AT 9:00 AM. TRIAL BRIEFS AND WITNESS LISTS TO BE FILED 7 DAYS IN ADVANCE OF TRIAL. NOTICE ISSUED
  127. BENCH TRIAL SET FOR 09/08/2023 AT 09:00 AM.
  128. FINAL PRETRIAL SET FOR 08/11/2023 AT 09:00 AM.
  129. TELEPHONE CONFERENCE SET FOR 02/03/2023 AT 09:15 AM. A TELEPHONE PRETRIAL / SCHEDULING CONFERENCE IS SET IN THIS CASE WITH MAGISTRATE AMY JACKSON. ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO CALL 216-443-8505 TEN MINUTES PRIOR TO THE CONFERENCE. THE ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO COMPLY WITH CIVIL RULE 26(F) BY CONFERRING PRIOR TO THE SCHEDULING CONFERENCE ABOUT DATES AND DISCOVERY AND BY PREPARING A WRITTEN DISCOVERY PLAN. NOTICE ISSUED
  130. DEFENDANT BRIAN BOWER'S MOTION FOR LEAVE TO FILE AN ANSWER INSTANTER IS UNOPPOSED AND GRANTED. NOTICE ISSUED
  131. MOTION FOR LEAVE TO FILE ANSWER INSTANTER 01/13/2023 - UNOPPOSED AND GRANTED
  132. 48776189 ON 11/04/2022 I SERVED THE WITHIN NAMED GRAY/BRENDA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  133. SUMS COMPLAINT(48957140) SENT BY SPECIAL PROCESS SERVER. TO: BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  134. SUMS COMPLAINT(48957139) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE, IF ANY, OF BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  135. SUMMONS E-FILE COPY COST
  136. SUMMONS E-FILE COPY COST
  137. WRIT FEE
  138. WRIT FEE
  139. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER.
  140. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY CERTIFIED MAIL.
  141. CERTIFIED MAIL RECEIPT NO. 48639811 RETURNED 10/12/2022 FAILURE OF SERVICE ON DEFENDANT GRAY/BRENDA/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  142. CERTIFIED MAIL RECEIPT NO. 48639811 RETURNED 10/12/2022 FAILURE OF SERVICE ON DEFENDANT GRAY/BRENDA/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  143. SUMS COMPLAINT(48776189) SENT BY SPECIAL PROCESS SERVER. TO: BRENDA GRAY 3357 EAST FAIRFAX ROAD CLEVELAND, OH 44118
  144. SUMMONS E-FILE COPY COST
  145. WRIT FEE
  146. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER.
  147. USPS RECEIPT NO. 48639810 DELIVERED BY USPS 09/24/2022 UNK. SPOUSE, IF ANY, OF BRIAN BOWER PROCESSED BY COC 09/28/2022.
  148. USPS RECEIPT NO. 48639809 DELIVERED BY USPS 09/24/2022 BOWER/BRIAN/ PROCESSED BY COC 09/28/2022.
  149. SUMS COMPLAINT(48639811) SENT BY CERTIFIED MAIL. TO: BRENDA GRAY 3357 EAST FAIRFAX ROAD CLEVELAND, OH 44118
  150. SUMS COMPLAINT(48639810) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE, IF ANY, OF BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  151. SUMS COMPLAINT(48639809) SENT BY CERTIFIED MAIL. TO: BRIAN BOWER 501 HUNTMERE DR BAY VILLAGE, OH 44140
  152. 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
  153. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  154. 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
  155. SUMMONS E-FILE COPY COST
  156. WRIT FEE
  157. SUMMONS E-FILE COPY COST
  158. SUMMONS E-FILE COPY COST
  159. WRIT FEE
  160. WRIT FEE
  161. JUDGE ASHLEY KILBANE ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE MICHAEL J RUSSO
  162. JUDGE ASHLEY KILBANE ASSIGNED (RANDOM)
  163. SPECIAL PROJECTS FUND FEE
  164. LEGAL RESEARCH
  165. LEGAL NEWS
  166. LEGAL AID
  167. COMPUTER FEE
  168. CLERK'S FEE
  169. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  170. DEPOSIT AMOUNT PAID CARRIE L DAVIS

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