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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-01-25
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 111 entries

Parties

Plaintiff Liberty Savings Bank, Fsb
Defendant James Russell Shanahan|Unknown Spouse Of James Russell Shanahan|Fifth Third Bank Fka Fifth Third Mortgage Company|City Of Strongsville, Ohio C/o Regional Income Tax Agency|Discover Bank
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CERTIFIED MAIL RECEIPT NO. 53159762 RETURNED BY U.S. MAIL DEPARTMENT 03/05/2024 FIFTH THIRD BANK FKA FIFTH THIRD MORTGAGE COMPANY MAIL RECEIVED AT ADDRESS 03/13/2024 TENDERED TO AGENT FOR FINAL DELIVERY
  2. ANSWER FILED BY D4 CITY OF STRONGSVILLE, OHIO ATTORNEY CLIFF G. BABCOCK 0043901 ANSWER OF DEFENDANT CITY OF STRONGSVILLE (R.I.T.A.) FORECLOSURE
  3. SUMS AMENDED COMPLNT(53159764) SENT BY CERTIFIED MAIL. TO: DISCOVER BANK 6500 ALBANY ROAD EAST NEW ALBANY, OH 43054-0000
  4. SUMS AMENDED COMPLNT(53159763) SENT BY CERTIFIED MAIL. TO: CITY OF STRONGSVILLE, OHIO PO BOX 470537 BROADVIEW HEIGHTS, OH 44147
  5. SUMS AMENDED COMPLNT(53159762) SENT BY CERTIFIED MAIL. TO: FIFTH THIRD BANK FKA FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE PLAZA CINCINNATI, OH 45263
  6. SUMS AMENDED COMPLNT(53159760) SENT BY CERTIFIED MAIL. TO: JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  7. SUMMONS E-FILE COPY COST
  8. SUMMONS E-FILE COPY COST
  9. SUMMONS E-FILE COPY COST
  10. SUMMONS E-FILE COPY COST
  11. SUMMONS E-FILE COPY COST
  12. WRIT FEE
  13. WRIT FEE
  14. WRIT FEE
  15. WRIT FEE
  16. SUMS AMENDED COMPLNT(53159761) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  17. WRIT FEE
  18. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  19. DEPOSIT AMOUNT PAID JACQUELINE WIRTZ
  20. AMENDED COMPLAINT $75 AMENDED COMPLAINT IN FORECLOSURE
  21. PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IS GRANTED. PLAINTIFF MUST FILE ITS AMENDED COMPLAINT ON OR BEFORE 3/12/24. NOTICE ISSUED
  22. USPS RECEIPT NO. 52929450 DELIVERED BY USPS 02/05/2024 CITY OF STRONGSVILLE, OHIO PROCESSED BY COC 02/14/2024.
  23. CERTIFIED MAIL RECEIPT NO. 52929449 RETURNED BY U.S. MAIL DEPARTMENT 02/06/2024 FIFTH THIRD BANK FKA FIFTH THIRD MORTGAGE COMPANY MAIL RECEIVED AT ADDRESS 02/14/2024 TENDERED TO AGENT FOR FINAL DELIVERY
  24. ON 02/06/2024 I SERVED THE WITHIN NAMED UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. ON 02/06/2024 I SERVED THE WITHIN NAMED SHANAHAN/JAMES/RUSSELL BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  26. MOTION FILED FOR P1 LIBERTY SAVINGS BANK, FSB JACQUELINE WIRTZ 0090268 PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IN FORECLOSURE 02/26/2024 - GRANTED
  27. NOTICE OF SUMMONS SERVICE RETURN FILED
  28. NOTICE OF SUMMONS SERVICE RETURN FILED
  29. SUMS COMPLAINT(52929450) SENT BY CERTIFIED MAIL. TO: CITY OF STRONGSVILLE, OHIO PO BOX 470537 BROADVIEW HEIGHTS, OH 44147
  30. SUMS COMPLAINT(52929449) SENT BY CERTIFIED MAIL. TO: FIFTH THIRD BANK FKA FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE PLAZA CINCINNATI, OH 45263
  31. SUMS COMPLAINT(52929448) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  32. SUMS COMPLAINT(52929447) SENT BY CERTIFIED MAIL. TO: JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  33. SUMS COMPLAINT(52929607) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  34. SUMS COMPLAINT(52929606) SENT BY SPECIAL PROCESS SERVER. TO: JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. WRIT FEE
  39. SUMMONS E-FILE COPY COST
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. WRIT FEE
  43. WRIT FEE
  44. WRIT FEE
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. 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
  48. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  49. 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
  50. FIELD SERVICE REPRESENTATIVE OR OTHER CONTACT: NAME Tara Mueller NUMBER 18504222520
  51. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  52. SPECIAL PROJECTS FUND FEE
  53. LEGAL RESEARCH
  54. LEGAL NEWS
  55. LEGAL AID
  56. COMPUTER FEE
  57. CLERK'S FEE
  58. DEPOSIT AMOUNT PAID JACQUELINE WIRTZ
  59. DEPOSIT AMOUNT PAID JACQUELINE WIRTZ
  60. UMMONS E-FILE COPY COST
  61. UMMONS E-FILE COPY COST
  62. UMMONS E-FILE COPY COST
  63. UMMONS E-FILE COPY COST
  64. RIT FEE
  65. RIT FEE
  66. RIT FEE
  67. RIT FEE
  68. UMS AMENDED COMPLNT(53159761) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  69. RIT FEE
  70. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  71. EPOSIT AMOUNT PAID JACQUELINE WIRTZ
  72. MENDED COMPLAINT $75 AMENDED COMPLAINT IN FORECLOSURE
  73. LAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IS GRANTED. PLAINTIFF MUST FILE ITS AMENDED COMPLAINT ON OR BEFORE 3/12/24. NOTICE ISSUED
  74. SPS RECEIPT NO. 52929450 DELIVERED BY USPS 02/05/2024 CITY OF STRONGSVILLE, OHIO PROCESSED BY COC 02/14/2024.
  75. ERTIFIED MAIL RECEIPT NO. 52929449 RETURNED BY U.S. MAIL DEPARTMENT 02/06/2024 FIFTH THIRD BANK FKA FIFTH THIRD MORTGAGE COMPANY MAIL RECEIVED AT ADDRESS 02/14/2024 TENDERED TO AGENT FOR FINAL DELIVERY
  76. ON 02/06/2024 I SERVED THE WITHIN NAMED UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  77. ON 02/06/2024 I SERVED THE WITHIN NAMED SHANAHAN/JAMES/RUSSELL BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  78. OTION FILED FOR P1 LIBERTY SAVINGS BANK, FSB JACQUELINE WIRTZ 0090268 PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IN FORECLOSURE 02/26/2024 - GRANTED
  79. OTICE OF SUMMONS SERVICE RETURN FILED
  80. OTICE OF SUMMONS SERVICE RETURN FILED
  81. UMS COMPLAINT(52929450) SENT BY CERTIFIED MAIL. TO: CITY OF STRONGSVILLE, OHIO PO BOX 470537 BROADVIEW HEIGHTS, OH 44147
  82. UMS COMPLAINT(52929449) SENT BY CERTIFIED MAIL. TO: FIFTH THIRD BANK FKA FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE PLAZA CINCINNATI, OH 45263
  83. UMS COMPLAINT(52929448) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  84. UMS COMPLAINT(52929447) SENT BY CERTIFIED MAIL. TO: JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  85. UMS COMPLAINT(52929607) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE OF JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  86. UMS COMPLAINT(52929606) SENT BY SPECIAL PROCESS SERVER. TO: JAMES RUSSELL SHANAHAN 17919 ASH DRIVE STRONGSVILLE, OH 44149
  87. UMMONS E-FILE COPY COST
  88. UMMONS E-FILE COPY COST
  89. RIT FEE
  90. RIT FEE
  91. UMMONS E-FILE COPY COST
  92. UMMONS E-FILE COPY COST
  93. UMMONS E-FILE COPY COST
  94. RIT FEE
  95. RIT FEE
  96. RIT FEE
  97. UMMONS E-FILE COPY COST
  98. RIT FEE
  99. 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
  100. AGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  101. 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
  102. IELD SERVICE REPRESENTATIVE OR OTHER CONTACT: NAME Tara Mueller NUMBER 18504222520
  103. UDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  104. PECIAL PROJECTS FUND FEE
  105. EGAL RESEARCH
  106. EGAL NEWS
  107. EGAL AID
  108. OMPUTER FEE
  109. LERK'S FEE
  110. EPOSIT AMOUNT PAID JACQUELINE WIRTZ
  111. EPOSIT AMOUNT PAID JACQUELINE WIRTZ

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