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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-01-19
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 73 entries

Parties

Plaintiff Wilmington Savings Fund Society Fsb, Not In Its Individual Capacity But Solely As Owner Trustee Of Csmc 2022 Rpl 1 Trust
Defendant Julia M Torres|John Doe, Name Unk, The Unk Spouse Of Julia M. Torres (if Any)|Teresa Vega
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2)
  3. CERTIFIED MAIL RECEIPT NO. 52851210 RETURNED 02/12/2024 FAILURE OF SERVICE ON DEFENDANT TORRES/JULIA/M - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  4. PER PREVIOUS COURT ORDER OF 6/27/24, THE COURT DISMISSES THIS CASE IN ITS ENTIRETY WITHOUT PREJUDICE. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  5. PLAINTIFF'S MOTION FOR EXTENSION OF DEADLINE FILED ON 7/9/24 IS DENIED. ALL DATES AND ORDERS REMAIN IN EFFECT. IF PLAINTIFF IS UNABLE TO PROSECUTE ITS CASE, IT CAN ALWAYS DISMISS IT PURSUANT TO CIVIL RULE 41. NOTICE ISSUED
  6. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY JUSTIN M. RITCH 0085358 MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE 07/10/2024 - DENIED
  7. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY ATTORNEY RICHARD J. SYKORA 0093134 NOTICE OF FILING AN AMENDED PRELIMINARY JUDICIAL REPORT
  8. A REVIEW OF THE COURT DOCKET INDICATES INACTIVITY ON THIS CASE. PLAINTIFF HAS UNTIL 7/10/24 TO PROSECUTE ITS CASE. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE, NOTICE ISSUED
  9. CERTIFIED MAIL RECEIPT NO. 52851211 RETURNED 02/12/2024 FAILURE OF SERVICE ON DEFENDANT DOE/JOHN/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  10. CERTIFIED MAIL NUMBER 52866222 ADDRESSED TO JULIA M TORRES(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  11. CERTIFIED MAIL NUMBER 52866225 ADDRESSED TO JOHN DOE(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  12. 53253018 ON 03/08/2024 I SERVED THE WITHIN NAMED VEGA/TERESA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  13. USPS RECEIPT NO. 53258480 DELIVERED BY USPS 03/14/2024 VEGA/TERESA/ PROCESSED BY COC 03/20/2024.
  14. NOTICE OF SUMMONS SERVICE RETURN FILED SERVICE RETURN
  15. SUMS AMENDED COMPLNT(53258480) SENT BY CERTIFIED MAIL. TO: TERESA VEGA 3550 WEST BOULEVARD CLEVELAND, OH 44111-0000
  16. SUMMONS E-FILE COPY COST
  17. WRIT FEE
  18. SUMS COMPLAINT(53253018) SENT BY SPECIAL PROCESS SERVER. TO: TERESA VEGA 3550 WEST BOULEVARD CLEVELAND, OH 44111-0000
  19. SUMMONS E-FILE COPY COST
  20. WRIT FEE
  21. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  22. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  23. DEPOSIT AMOUNT PAID JUSTIN M. RITCH
  24. AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR FORECLOSURE
  25. PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FILED ON 3/5/24 IS GRANTED. PLAINTIFF HAS UNTIL 3/14/24 TO DO SO. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO COMPLY. NOTICE ISSUED
  26. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY JUSTIN M. RITCH 0085358 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT 03/05/2024 - GRANTED
  27. CERTIFIED MAIL RECEIPT NO. 52866223 RETURNED 2/29/2024 FAILURE OF SERVICE ON DEFENDANT TORRES/JULIA/M - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. CERTIFIED MAIL RECEIPT NO. 52851211 RETURNED 2/12/2024 FAILURE OF SERVICE ON DEFENDANT DOE/JOHN/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  29. CERTIFIED MAIL RECEIPT NO. 52851210 RETURNED 2/12/2024 FAILURE OF SERVICE ON DEFENDANT TORRES/JULIA/M - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  30. CERTIFIED MAIL RECEIPT NO. 52866224 RETURNED 02/01/2024 FAILURE OF SERVICE ON DEFENDANT DOE/JOHN/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  31. 52866554 ON 01/23/2024 I SERVED THE WITHIN NAMED JOHN DOE, NAME UNK, THE UNK SPOUSE OF JULIA M. TORRES (IF ANY) BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  32. 52866553 ON 01/23/2024 I SERVED THE WITHIN NAMED TORRES/JULIA/M BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  33. CERTIFIED MAIL RECEIPT NO. 52866224 RETURNED 2/1/2024 FAILURE OF SERVICE ON DEFENDANT DOE/JOHN/ - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  34. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  35. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  36. SUMS COMPLAINT(52866225) SENT BY CERTIFIED MAIL. TO: JOHN DOE 9835 MEMPHIS AVENUE APARTMENT 3 CLEVELAND, OH 44144-0000
  37. SUMS COMPLAINT(52866224) SENT BY CERTIFIED MAIL. TO: JOHN DOE 3303 LOUISIANA AVENUE CLEVELAND, OH 44109-0000
  38. SUMS COMPLAINT(52866223) SENT BY CERTIFIED MAIL. TO: JULIA M TORRES 9835 MEMPHIS AVE APT 3 CLEVELAND, OH 44144-0000
  39. SUMS COMPLAINT(52866222) SENT BY CERTIFIED MAIL. TO: JULIA M TORRES 3303 LOUISIANA AVENUE CLEVELAND, OH 44109
  40. SUMS COMPLAINT(52866554) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNK, THE UNK SPOUSE OF JULIA M. TORRES (IF ANY) 3303 LOUISIANA AVENUE CLEVELAND, OH 44109-0000
  41. SUMS COMPLAINT(52866553) SENT BY SPECIAL PROCESS SERVER. TO: JULIA M TORRES 3303 LOUISIANA AVENUE CLEVELAND, OH 44109
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. SUMMONS E-FILE COPY COST
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. WRIT FEE
  50. WRIT FEE
  51. WRIT FEE
  52. WRIT FEE
  53. SUMMONS E-FILE COPY COST
  54. SUMS COMPLAINT(52851211) SENT BY CERTIFIED MAIL. TO: JOHN DOE 3303 LOUISIANA AVENUE CLEVELAND, OH 44109-0000
  55. SUMS COMPLAINT(52851210) SENT BY CERTIFIED MAIL. TO: JULIA M TORRES 3303 LOUISIANA AVENUE CLEVELAND, OH 44109
  56. 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
  57. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  58. 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
  59. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  60. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  61. SUMMONS E-FILE COPY COST
  62. WRIT FEE
  63. WRIT FEE
  64. SUMMONS E-FILE COPY COST
  65. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  66. SPECIAL PROJECTS FUND FEE
  67. LEGAL RESEARCH
  68. LEGAL NEWS
  69. LEGAL AID
  70. COMPUTER FEE
  71. CLERK'S FEE
  72. DEPOSIT AMOUNT PAID JUSTIN M. RITCH
  73. DEPOSIT AMOUNT PAID JUSTIN M. RITCH

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