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Case Information

Filed 2024-01-31
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 92 entries

Parties

Plaintiff U.s. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For Rcf 2 Acquisition Trust C/o U.s. Bank Trust National Association
Defendant Unk. Spouse Of Herschel V Maggard|Jessica Maggard|Unk. Spouse Of Jessica Maggard|Unk. Heirs Etc. Herschel V Maggard
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. 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
  2. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  3. 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
  4. WRIT FEE
  5. SUMMONS E-FILE COPY COST
  6. SUMMONS E-FILE COPY COST
  7. SUMMONS E-FILE COPY COST
  8. WRIT FEE
  9. WRIT FEE
  10. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  11. SPECIAL PROJECTS FUND FEE
  12. LEGAL RESEARCH
  13. LEGAL NEWS
  14. LEGAL AID
  15. COMPUTER FEE
  16. CLERK'S FEE
  17. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  18. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  19. OS ORDER OF SALE RETURNED 9/27/2024, SOLD DATE 9/23/2024 SOLD TO: U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST C O U.S. BANK TRUST NATIONAL ASSOCIATION FOR $26,667.00
  20. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $648.80 PREPAID TO LEGAL NEWS.
  21. OTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF SALE
  22. ECORDER'S FEE $1.00
  23. ERTIFICATE OF TITLE $436.00 PAY TO U.S. BANK TRUST NATIONAL ASSOCIATION
  24. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/23/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/23/2024 IT WILL BE RE-OFFERED ON 10/07/2024 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: MARK BUTLER, APPRAISAL COST: $51.78 REGULAR FEE AND MILEAGE. PAUL D KINCZEL, APPRAISAL COST: $50 REGULAR FEE. STANLEY R PATRISKI, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-992135 DATED THIS 20th DAY OF AUGUST, 2024 NOTICE ISSUED NOTICE ISSUED
  25. AND APPRAISAL OOS, FILED
  26. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 132-24-053
  27. EAL AUCTION
  28. EPOSIT AMOUNT PAID CARRIE L DAVIS
  29. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  30. UDGMENT ENTRY(54480557) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  31. UDGMENT ENTRY(54480555) SENT BY REGULAR MAIL SERVICE. TO: JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  32. UDGMENT ENTRY(54480554) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  33. UDGMENT ENTRY(54480553) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  34. RDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL NOTICE ISSUED
  35. AGISTRATE'S DECISION(54272896) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  36. AGISTRATE'S DECISION(54272895) SENT BY REGULAR MAIL SERVICE. TO: JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  37. AGISTRATE'S DECISION(54272894) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  38. AGISTRATE'S DECISION(54272893) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  39. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  40. EFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT(S) DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  41. OTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF DEFAULT HEARING
  42. ERTIFIED MAIL RECEIPT NO. 52941913 RETURNED 02/22/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF HERSCHEL V MAGGARD - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  43. ENERAL PLEADING FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 REVISED PRELIMINARY JUDICIAL REPORT
  44. OTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF COMPLIANCE
  45. LAINTIFF MUST FILE NOTICE AS TO WHY MERS INC., AS MORTGAGEE, AS NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION IS NOT A NECESSARY PARTY ON OR BEFORE 6/11/24. SEE PJR SCHEDULE B #8E. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  46. LAINTIFF'S MOTION TO DISMISS PARTY DEFENDANT IS GRANTED. THE UNKNOWN SPOUSE OF HERSCHEL V. MAGGARD IS DISMISSED AS A PARTY DEFENDANT WITHOUT PREJUDICE. PARTIAL. NOTICE ISSUED
  47. ELEPHONE DEFAULT HEARING SET FOR 07/09/2024 AT 01:15 PM. 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 SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE TO APPEAR AT DEFAULT HEARING MAY RESULT IN DISMISSAL OF THE CASE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  48. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 07/09/2024 - GRANTED
  49. ENERAL PLEADING FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 FINAL JUDICIAL REPORT
  50. FFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 MILITARY AFFIDAVIT
  51. FFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 AFFIDAVIT OF CARRIE L DAVIS
  52. OTION TO DISMISS FILED MOTION TO DISMISS PARTY DEFENDANT 05/23/2024 - GRANTED
  53. OTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF COMPLIANCE
  54. EGAL NEWS ABSTRACT
  55. ROOF OF PUBLICATION FILED $624.80 - LEGAL NEWS FEE $250.00
  56. RE-PAID PORTION OF SERVICE PUBLICATION FEE $374.80
  57. ERTIFIED MAIL NUMBER 52941915 ADDRESSED TO UNK. SPOUSE OF JESSICA MAGGARD(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  58. ERTIFIED MAIL NUMBER 52941914 ADDRESSED TO JESSICA MAGGARD(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  59. URSUANT TO CIV. R. 4(E) AND THE COURT'S STANDING CASE MANAGEMENT DIRECTIVE, PLAINTIFF MUST PERFECT SERVICE ON ITS COMPLAINT ON OR BEFORE 7/31/24 OR SHOW CAUSE WHY IT HAS FAILED TO DO SO. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  60. EPOSIT AMOUNT PAID CARRIE L DAVIS
  61. FFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  62. ON 02/15/2024 I SERVED THE WITHIN NAMED UNK. SPOUSE OF JESSICA MAGGARD BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  63. ON 02/15/2024 I SERVED THE WITHIN NAMED MAGGARD/JESSICA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  64. ERTIFIED MAIL RECEIPT NO. 52941913 RETURNED 2/22/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF HERSCHEL V MAGGARD - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  65. UMS COMPLAINT(53050660) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  66. UMS COMPLAINT(53050659) SENT BY SPECIAL PROCESS SERVER. TO: JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  67. UMMONS E-FILE COPY COST
  68. UMMONS E-FILE COPY COST
  69. RIT FEE
  70. RIT FEE
  71. EQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER
  72. UMS COMPLAINT(52941915) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  73. UMS COMPLAINT(52941914) SENT BY CERTIFIED MAIL. TO: JESSICA MAGGARD 2951 E 57TH STREET CLEVELAND, OH 44127
  74. UMS COMPLAINT(52941913) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF HERSCHEL V MAGGARD 6644 CLEMENT AVE CLEVELAND, OH 44105
  75. 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
  76. AGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  77. 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
  78. RIT FEE
  79. UMMONS E-FILE COPY COST
  80. UMMONS E-FILE COPY COST
  81. UMMONS E-FILE COPY COST
  82. RIT FEE
  83. RIT FEE
  84. UDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  85. PECIAL PROJECTS FUND FEE
  86. EGAL RESEARCH
  87. EGAL NEWS
  88. EGAL AID
  89. OMPUTER FEE
  90. LERK'S FEE
  91. EPOSIT AMOUNT PAID CARRIE L DAVIS
  92. EPOSIT AMOUNT PAID CARRIE L DAVIS

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  • Judge Report

    How this judge has ruled in cases like yours — case mix, motion outcomes, and historical docket. Judges set the floor of what’s possible in your courtroom.

  • Attorney vs Judge Report

    Everything in the Judge Report, plus how your attorney has actually performed in front of this judge. Attorneys move you off the floor — or don’t.

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Full Analytics Report

  • Complete case narrative
  • Judge details and rulings
  • Case disposition and outcome
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