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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-01-31
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 73 entries

Parties

Plaintiff U.s. Bank National Association
Defendant Yvette M Mcarthur|Unk. Spouse Of Yvette M Mcarthur Aka Yvette Mcarthur|Shorebank|Capital One Bank Usa N.a.|Midland Funding Llc
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  2. SPECIAL PROJECTS FUND FEE
  3. LEGAL RESEARCH
  4. LEGAL NEWS
  5. LEGAL AID
  6. COMPUTER FEE
  7. CLERK'S FEE
  8. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  9. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  10. URSUANT TO THE NOTICE OF DISMISSAL FILED HEREIN, 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
  11. MC BY PHONE SCHEDULED FOR 05/22/2024 AT 08:30 AM IS CANCELLED.
  12. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF DISMISSAL OF PLAINTIFF'S COMPLAINT
  13. HE MOTION OF JAY E. KRASOVEC TO WITHDRAW AS COUNSEL FOR DEFENDANT YVETTE M. MCARTHUR IS GRANTED. THE CLERK IS ORDERED TO REMOVE JAY E. KRASOVEC AS COUNSEL OF RECORD FOR DEFENDANT YVETTE M. MCARTHUR. NOTICE ISSUED
  14. FFIDAVIT FILED BY D1 YVETTE M MCARTHUR ATTORNEY JAY E KRASOVEC 0069787 AFFIDAVIT
  15. OTION TO WITHDRAW AS COUNSEL MOTION TO WITHDRAW AS COUNSEL 04/16/2024 - GRANTED
  16. ERTIFIED MAIL NUMBER 52948920 ADDRESSED TO CAPITAL ONE BANK USA N.A.(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  17. ERTIFIED MAIL NUMBER 52948919 ADDRESSED TO SHOREBANK(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  18. MC HELD. ONLY COUNSEL FOR PLAINTIFF APPEARED. PLAINTIFF HAS OFFERED THE PARCEL OWNER A LOAN MODIFICATION. THE COURT WILL RESET THIS MATTER FOR ANOTHER CMC TO DETERMINE STATUS OF THE LOAN MODIFICATION. NOTICE ISSUED
  19. MC BY PHONE SET FOR 05/22/2024 AT 08:30 AM BY TELEPHONE. THE CASE IS SET FOR TELEPHONE CMC. ANY PARTY MAY APPEAR AT THE TELEPHONE CMC BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE CMC. PLAINTIFF MUST SEND NOTICE TO ALL PARTIES OF THE CMC AT LEAST 14 DAYS PRIOR TO THE CMC. NOTICE ISSUED
  20. ON 02/08/2024 I SERVED THE WITHIN NAMED MCARTHUR/YVETTE/M BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  21. ON 02/21/2024 THE WITHIN NAMED SHOREBANK WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  22. ON 02/08/2024 I SERVED THE WITHIN NAMED UNK. SPOUSE OF YVETTE M MCARTHUR BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  23. ERTIFIED MAIL RECEIPT NO. 52948921 RETURNED 03/22/2024 FAILURE OF SERVICE ON DEFENDANT MIDLAND FUNDING LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  24. ERTIFIED MAIL RECEIPT NO. 52948921 RETURNED 3/22/2024 FAILURE OF SERVICE ON DEFENDANT MIDLAND FUNDING LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  25. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF HEARING
  26. MC BY PHONE SET FOR 04/02/2024 AT 11:00 AM BY TELEPHONE. THE CASE IS SET FOR TELEPHONE CMC. ANY PARTY MAY APPEAR AT THE TELEPHONE CMC BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE CMC. PLAINTIFF MUST SEND NOTICE TO ALL PARTIES OF THE CMC AT LEAST 14 DAYS PRIOR TO THE CMC. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  27. NSWER FILED BY D1 YVETTE M MCARTHUR ATTORNEY JAY E KRASOVEC 0069787 ANSWER OF THE DEFENDANT YVETTE MCARTHUR
  28. OTICE OF APPEARANCE, FILED D1 YVETTE M MCARTHUR JAY E KRASOVEC 0069787. NOTICE OF APPEARANCE
  29. SPS RECEIPT NO. 52948918 DELIVERED BY USPS 02/03/2024 UNK. SPOUSE OF YVETTE M MCARTHUR PROCESSED BY COC 02/07/2024.
  30. SPS RECEIPT NO. 52948917 DELIVERED BY USPS 02/03/2024 MCARTHUR/YVETTE/M PROCESSED BY COC 02/07/2024.
  31. UMS COMPLAINT(52983095) SENT BY SPECIAL PROCESS SERVER. TO: MIDLAND FUNDING LLC C/O HIGHEST OFFICER PRESENT 3111 CAMINO DEL RIO NORTH, STE 1300 SAN DIEGO, CA 92108
  32. UMS COMPLAINT(52983094) SENT BY SPECIAL PROCESS SERVER. TO: CAPITAL ONE BANK USA N.A. SERVE HIGHEST OFFICER FOUND 100 SHOCKOE SLIP, 2ND FLOOR RICHMOND, VA 23219
  33. UMS COMPLAINT(52983093) SENT BY SPECIAL PROCESS SERVER. TO: SHOREBANK SERVE HIGHEST OFFICER FOUND 7054 SOUTH JEFFERY BLVD CHICAGO, IL 60649
  34. UMS COMPLAINT(52983092) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF YVETTE M MCARTHUR 9308 COLUMBIA AVE CLEVELAND, OH 44108
  35. UMS COMPLAINT(52983091) SENT BY SPECIAL PROCESS SERVER. TO: YVETTE M MCARTHUR 9308 COLUMBIA AVE CLEVELAND, OH 44108
  36. UMMONS E-FILE COPY COST
  37. UMMONS E-FILE COPY COST
  38. UMMONS E-FILE COPY COST
  39. UMMONS E-FILE COPY COST
  40. UMMONS E-FILE COPY COST
  41. RIT FEE
  42. RIT FEE
  43. RIT FEE
  44. RIT FEE
  45. RIT FEE
  46. EQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER
  47. AGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  48. 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
  49. UMS COMPLAINT(52948921) SENT BY CERTIFIED MAIL. TO: MIDLAND FUNDING LLC C/O HIGHEST OFFICER PRESENT 3111 CAMINO DEL RIO NORTH, STE 1300 SAN DIEGO, CA 92108
  50. UMS COMPLAINT(52948920) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK USA N.A. SERVE HIGHEST OFFICER FOUND 100 SHOCKOE SLIP, 2ND FLOOR RICHMOND, VA 23219
  51. UMS COMPLAINT(52948919) SENT BY CERTIFIED MAIL. TO: SHOREBANK SERVE HIGHEST OFFICER FOUND 7054 SOUTH JEFFERY BLVD CHICAGO, IL 60649
  52. UMS COMPLAINT(52948918) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF YVETTE M MCARTHUR 9308 COLUMBIA AVE CLEVELAND, OH 44108
  53. UMS COMPLAINT(52948917) SENT BY CERTIFIED MAIL. TO: YVETTE M MCARTHUR 9308 COLUMBIA AVE CLEVELAND, OH 44108
  54. 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
  55. UMMONS E-FILE COPY COST
  56. UMMONS E-FILE COPY COST
  57. RIT FEE
  58. RIT FEE
  59. UMMONS E-FILE COPY COST
  60. UMMONS E-FILE COPY COST
  61. UMMONS E-FILE COPY COST
  62. RIT FEE
  63. RIT FEE
  64. RIT FEE
  65. UDGE JOHN D SUTULA ASSIGNED (RANDOM)
  66. PECIAL PROJECTS FUND FEE
  67. EGAL RESEARCH
  68. EGAL NEWS
  69. EGAL AID
  70. OMPUTER FEE
  71. LERK'S FEE
  72. EPOSIT AMOUNT PAID CARRIE L DAVIS
  73. EPOSIT AMOUNT PAID CARRIE L DAVIS

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