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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-03-13
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 125 entries

Parties

Plaintiff Citizens Bank, Na
Defendant Joshua Maxwell|Unk. Spouse Of Joshua Maxwell|Brendan Trewella|Unk. Spouse Of Brendan Trewella|Td Bank Usa, Na|Secretary Of Housing And Urban Development|United States Of America Co Us Attorney Northern District Of Ohio|United States Of America Co Us Attorney General
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. JUDGE WILLIAM T MCGINTY 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 JOHNA M BELLA
  9. DEPOSIT AMOUNT PAID JOHNA M BELLA
  10. UDGMENT ENTRY(55764546) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  11. UDGMENT ENTRY(55764545) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  12. LAINTIFF'S MOTION TO VACATE AND DISMISS IS UNOPPOSED AND GRANTED. THE DECREE OF FORECLOSURE AND JUDGMENT PREVIOUSLY ENTERED HEREIN ARE VACATED AND 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
  13. OTION TO VACATE $30.00 JOHNA M BELLA (0034567) MOTION TO VACATE JUDGMENT AND DISMISS COMPLAINT, WITHOUT PREJUDICE
  14. EPOSIT AMOUNT PAID JOHNA M BELLA
  15. RDER OF SALE Parcel Number: 012-04-064 ORDER OF SALE, WITH REPORT OF SALE ATTACHED, RETURNED 11/18/2024. CANCELLED BY ATTORNEY. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00 *****SHERIFF FEES***** NOTICE TO PRINTER 0.00 ORDER OF SALE FEE 0.00 POUNDAGE(*) 0.00 COST OF DEED PREPERATION 0.00 LEGAL NEWS 0.00 =======TOTAL OF FEES $0.00 .
  16. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00
  17. LAINTIFF'S MOTION TO AMEND MAGISTRATE'S DECISION IS UNOPPOSED AND GRANTED. THE SECOND PARAGRAPH OF THE MAGISTRATE'S DECISION ISSUED 9/4/24 IS AMENDED TO STATE: ALL NECESSARY PARTIES HAVE BEEN SERVED WITH A SUMMONS ACCORDING TO LAW AND ARE PROPERLY BEFORE THE COURT; THAT THE DEFENDANTS JOSHUA MAXWELL, THE UNKNOWN SPOUSE, IF ANY, OF JOSHUA MAXWELL, BRENDA TREWELLA, THE UNKNOWN SPOUSE, IF ANY, OF BRENDAN TREWELLA AND TD BANK USA, NA, ARE IN DEFAULT OF AN ANSWER OR OTHER PLEADING AND THEREBY CONFESS THE ALLEGATIONS OF THE COMPLAINT TO BE TRUE. NOTICE ISSUED
  18. ECORDER'S FEE $2.00
  19. ERTIFICATE OF TITLE $935.00 PAY TO CITIZENS BANK, NA
  20. OTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF SHERIFF'S SALE
  21. OTION FILED FOR P1 CITIZENS BANK, NA JOHNA M BELLA 0034567 MOTION TO ENTER AMENDED MAGISTRATE'S DECISION 11/06/2024 - GRANTED
  22. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 11/18/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 11/18/2024 IT WILL BE RE-OFFERED ON 12/02/2024 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: DANIEL J ROCCO, APPRAISAL COST: $53.34 REGULAR FEE AND MILEAGE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. MICHAEL D. WAGNER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-994358 DATED THIS 15th DAY OF OCTOBER, 2024 NOTICE ISSUED NOTICE ISSUED
  23. AND APPRAISAL OOS .
  24. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 012-04-064
  25. EAL AUCTION
  26. EPOSIT AMOUNT PAID JOHNA M BELLA
  27. RAECIPE FOR ORDER OF SALE $820
  28. UDGMENT ENTRY(54933590) SENT BY REGULAR MAIL SERVICE. TO: UNITED STATES OF AMERICA MAIN JUSTICE BUILDING, ROOM 5111 10TH & CONSTITUTION AVENUE WASHINGTON, DC 20530
  29. UDGMENT ENTRY(54933589) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  30. UDGMENT ENTRY(54933588) SENT BY REGULAR MAIL SERVICE. TO: SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET SW WASHINGTON, DC 10561
  31. UDGMENT ENTRY(54933587) SENT BY REGULAR MAIL SERVICE. TO: TD BANK USA, NA 7000 TARGET PARKWAY NORTH MINNEAPOLIS, MN 55445
  32. UDGMENT ENTRY(54933586) SENT BY REGULAR MAIL SERVICE. TO: JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  33. UDGMENT ENTRY(54933585) SENT BY REGULAR MAIL SERVICE. TO: BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  34. UDGMENT ENTRY(54933584) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  35. UDGMENT ENTRY(54933583) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  36. UDGMENT ENTRY(54933582) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  37. UDGMENT ENTRY(54933581) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  38. UDGMENT ENTRY(54933580) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  39. RDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL NOTICE ISSUED
  40. AGISTRATE'S DECISION(54717289) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  41. AGISTRATE'S DECISION(54717288) SENT BY REGULAR MAIL SERVICE. TO: TD BANK USA, NA 7000 TARGET PARKWAY NORTH MINNEAPOLIS, MN 55445
  42. AGISTRATE'S DECISION(54717287) SENT BY REGULAR MAIL SERVICE. TO: JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  43. AGISTRATE'S DECISION(54717286) SENT BY REGULAR MAIL SERVICE. TO: BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  44. AGISTRATE'S DECISION(54717285) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  45. AGISTRATE'S DECISION(54717284) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  46. AGISTRATE'S DECISION(54717283) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  47. AGISTRATE'S DECISION(54717282) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  48. AGISTRATE'S DECISION(54717281) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  49. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  50. 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
  51. FFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 ATTORNEY AFFIDAVIT
  52. OTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  53. ELEPHONE DEFAULT HEARING SET FOR 09/03/2024 AT 02:30 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
  54. FFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AND ACKNOWLEGEMENT OF STATUS OF MORTGAGE LOAN ACCOUNT
  55. OTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING FINAL JUDICIAL REPORT
  56. OTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING PROPOSED JUDGEMENT ENTRY ADOPTING MAGISTRATE'S DECISION
  57. FFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AS TO MILITARY SERVICE
  58. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 09/03/2024 - GRANTED
  59. NSWER FILED BY D7 UNITED STATES OF AMERICA ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA
  60. SPS RECEIPT NO. 53313130 DELIVERED BY USPS 04/29/2024 SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 05/08/2024.
  61. SPS RECEIPT NO. 53313188 DELIVERED BY USPS 04/15/2024 UNITED STATES OF AMERICA PROCESSED BY COC 04/24/2024.
  62. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $45.00
  63. 53312518 THE WITHIN NAMED UNK. SPOUSE OF JOSHUA MAXWELL 04/09/2024 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  64. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $45.00
  65. 53312519 THE WITHIN NAMED TREWELLA/BRENDAN/ 04/09/2024 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  66. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $45.00
  67. 53312520 THE WITHIN NAMED UNK. SPOUSE OF BRENDAN TREWELLA 04/09/2024 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  68. SPS RECEIPT NO. 53313129 DELIVERED BY USPS 03/26/2024 UNK. SPOUSE OF BRENDAN TREWELLA PROCESSED BY COC 04/03/2024.
  69. SPS RECEIPT NO. 53313127 DELIVERED BY USPS 03/26/2024 UNK. SPOUSE OF JOSHUA MAXWELL PROCESSED BY COC 04/03/2024.
  70. SPS RECEIPT NO. 53313126 DELIVERED BY USPS 03/26/2024 MAXWELL/JOSHUA/ PROCESSED BY COC 04/03/2024.
  71. SPS RECEIPT NO. 53313128 DELIVERED BY USPS 03/26/2024 TREWELLA/BRENDAN/ PROCESSED BY COC 04/03/2024.
  72. SPS RECEIPT NO. 53313187 DELIVERED BY USPS 03/19/2024 UNITED STATES OF AMERICA PROCESSED BY COC 03/27/2024.
  73. SPS RECEIPT NO. 53313131 DELIVERED BY USPS 03/21/2024 TD BANK USA, NA PROCESSED BY COC 03/27/2024.
  74. UMS COMPLAINT(53313188) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA MAIN JUSTICE BUILDING, ROOM 5111 10TH & CONSTITUTION AVENUE WASHINGTON, DC 20530
  75. UMS COMPLAINT(53313187) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  76. UMS COMPLAINT(53313131) SENT BY CERTIFIED MAIL. TO: TD BANK USA, NA 7000 TARGET PARKWAY NORTH MINNEAPOLIS, MN 55445
  77. UMS COMPLAINT(53313130) SENT BY CERTIFIED MAIL. TO: SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET SW WASHINGTON, DC 10561
  78. UMS COMPLAINT(53313129) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  79. UMS COMPLAINT(53313128) SENT BY CERTIFIED MAIL. TO: BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  80. UMS COMPLAINT(53313127) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  81. UMS COMPLAINT(53313126) SENT BY CERTIFIED MAIL. TO: JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  82. UMMONS E-FILE COPY COST
  83. UMMONS E-FILE COPY COST
  84. RIT FEE
  85. RIT FEE
  86. UMMONS E-FILE COPY COST
  87. UMMONS E-FILE COPY COST
  88. UMMONS E-FILE COPY COST
  89. UMMONS E-FILE COPY COST
  90. UMMONS E-FILE COPY COST
  91. UMMONS E-FILE COPY COST
  92. RIT FEE
  93. RIT FEE
  94. RIT FEE
  95. RIT FEE
  96. RIT FEE
  97. RIT FEE
  98. UMS COMPLAINT(53312520) SENT BY CUYAHOGA SHERIFF SERVICE. TO: UNK. SPOUSE OF BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  99. UMS COMPLAINT(53312519) SENT BY CUYAHOGA SHERIFF SERVICE. TO: BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  100. UMS COMPLAINT(53312518) SENT BY CUYAHOGA SHERIFF SERVICE. TO: UNK. SPOUSE OF JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  101. UMS COMPLAINT(53312517) SENT BY CUYAHOGA SHERIFF SERVICE. TO: JOSHUA MAXWELL 4612 BUCYRUS AVENUE CLEVELAND, OH 44109
  102. HERIFF SERVICE PACKET THE UNKNOWN SPOUSE, IF ANY, OF BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND OHIO 44109
  103. HERIFF SERVICE PACKET BRENDAN TREWELLA 4612 BUCYRUS AVENUE CLEVELAND OHIO 44109
  104. HERIFF SERVICE PACKET THE UNKNOWN SPOUSE, IF ANY, OF JOSHUA MAXELL 4612 BUCYRUS AVENUE CLEVELAND OHIO 44109
  105. HERIFF SERVICE PACKET JOSHUA MAXELL 4612 BUCYRUS AVENUE CLEVELAND OHIO 44109
  106. UMMONS E-FILE COPY COST
  107. UMMONS E-FILE COPY COST
  108. UMMONS E-FILE COPY COST
  109. RIT FEE
  110. RIT FEE
  111. RIT FEE
  112. RIT FEE
  113. UMMONS E-FILE COPY COST
  114. 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
  115. AGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  116. 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
  117. UDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  118. PECIAL PROJECTS FUND FEE
  119. EGAL RESEARCH
  120. EGAL NEWS
  121. EGAL AID
  122. OMPUTER FEE
  123. LERK'S FEE
  124. EPOSIT AMOUNT PAID JOHNA M BELLA
  125. EPOSIT AMOUNT PAID JOHNA M BELLA

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