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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-01-02
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 44 entries

Parties

Plaintiff Towne Mortgage Company|Lakeview Loan Servicing, Llc
Defendant Christopher E Petraitis|Hayleigh Dalpiaz
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT
  2. JUDGMENT ENTRY(54894232) SENT BY REGULAR MAIL SERVICE. TO: CHRISTOPHER E PETRAITIS 3140 WOODBURY RD SHAKER HEIGHTS, OH 44120
  3. JUDGMENT ENTRY(54894231) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  4. JUDGMENT ENTRY(54894230) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  5. PLAINTIFF'S MOTION TO DISMISS 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
  6. MOTION FILED FOR P2 LAKEVIEW LOAN SERVICING, LLC CARRIE L DAVIS 0083281 PLAINTIFF'S MOTION WITHDRAW DISPOSITIVE MOTIONS AND DISMISS PLAINTIFF'S COMPLAINT 09/24/2024 - GRANTED
  7. JUDGMENT ENTRY(54417882) SENT BY REGULAR MAIL SERVICE. TO: HAYLEIGH DALPIAZ 3140 WOODBURY RD SHAKER HEIGHTS, OH 44120
  8. JUDGMENT ENTRY(54417881) SENT BY REGULAR MAIL SERVICE. TO: CHRISTOPHER E PETRAITIS 3140 WOODBURY RD SHAKER HEIGHTS, OH 44120
  9. JUDGMENT ENTRY(54417880) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  10. JUDGMENT ENTRY(54417879) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  11. PLAINTIFF'S MOTION TO STAY CASE IS GRANTED. THIS MATTER MAY ONLY BE REACTIVATED VIA WRITTEN MOTION. THE PENDING MOTION IS MARKED HELD IN ABEYANCE. THE SCHEDULED DEFAULT HEARING IS CANCELED. 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
  12. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 06/21/2024, IS HELD IN ABEYANCE. NOTICE ISSUED
  13. TELEPHONE DEFAULT HEARING SCHEDULED FOR 08/07/2024 AT 09:15 AM IS CANCELLED.
  14. MOTION FILED FOR P2 LAKEVIEW LOAN SERVICING, LLC CARRIE L DAVIS 0083281 PLAINTIFF'S MOTION TO STAY CASE 07/29/2024 - GRANTED
  15. NOTICE FILED BY P1 TOWNE MORTGAGE COMPANY ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF DEFAULT HEARING
  16. TELEPHONE DEFAULT HEARING SET FOR 08/07/2024 AT 09:15 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  17. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 07/26/2024 - HELD IN ABEYANCE
  18. GENERAL PLEADING FILED BY P2 LAKEVIEW LOAN SERVICING, LLC ATTORNEY CARRIE L DAVIS 0083281 FINAL JUDICIAL REPORT
  19. AFFIDAVIT FILED BY P2 LAKEVIEW LOAN SERVICING, LLC ATTORNEY CARRIE L DAVIS 0083281 MILITARY AFFIDAVIT
  20. AFFIDAVIT FILED BY P2 LAKEVIEW LOAN SERVICING, LLC ATTORNEY CARRIE L DAVIS 0083281 AFFIDAVIT OF CARRIE L DAVIS
  21. GENERAL PLEADING FILED BY P2 LAKEVIEW LOAN SERVICING, LLC ATTORNEY CARRIE L DAVIS 0083281 FINAL JUDICIAL REPORT
  22. A REVIEW OF THE DOCKET SHOWS NO ACTIVITY SINCE APRIL 19, 2024. PLAINTIFF IS ORDERED TO PERFECT SERVICE ON ALL PARTIES AND FILE DOCUMENTS NECESSARY TO OBTAIN JUDGMENT ON OR BEFORE JULY 12, 2024. FAILURE TO DO SO WILL RESULT IN THE DISMISSAL OF PLAINTIFF'S CLAIMS WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  23. THE MOTION TO SUBSTITUTE PLAINTIFF IS GRANTED. "LAKEVIEW LOAN SERVICING, LLC" IS HEREBY SUBSTITUTED IN PLACE OF THE ORIGINALLY NAMED PLAINTIFF. THE CLERK IS ORDERED TO LIST CARRIE DAVIS (BAR#0083281) AS ATTORNEY OF RECORD FOR SUBSTITUTE PLAINTIFF. NOTICE ISSUED
  24. MOTION FILED FOR P1 TOWNE MORTGAGE COMPANY CARRIE L DAVIS 0083281 MOTION TO SUBSTITUTE PLAINTIFF 04/19/2024 - GRANTED
  25. USPS RECEIPT NO. 52700681 DELIVERED BY USPS 01/06/2024 DALPIAZ/HAYLEIGH/ PROCESSED BY COC 01/10/2024.
  26. USPS RECEIPT NO. 52700680 DELIVERED BY USPS 01/06/2024 PETRAITIS/CHRISTOPHER/E PROCESSED BY COC 01/10/2024.
  27. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  28. SUMS COMPLAINT(52700681) SENT BY CERTIFIED MAIL. TO: HAYLEIGH DALPIAZ 3140 WOODBURY RD SHAKER HEIGHTS, OH 44120
  29. SUMS COMPLAINT(52700680) SENT BY CERTIFIED MAIL. TO: CHRISTOPHER E PETRAITIS 3140 WOODBURY RD SHAKER HEIGHTS, OH 44120
  30. 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
  31. 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
  32. WRIT FEE
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. WRIT FEE
  36. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  37. SPECIAL PROJECTS FUND FEE
  38. LEGAL RESEARCH
  39. LEGAL NEWS
  40. LEGAL AID
  41. COMPUTER FEE
  42. CLERK'S FEE
  43. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  44. DEPOSIT AMOUNT PAID CARRIE L DAVIS

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