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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-03-28
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 112 entries

Parties

Plaintiff Premier Bank Fka First Federal Bank Of The Midwest, Successor By Merger To Home Savings Bank, Successor By Merger To The Home Savings And Loan Company Of Youngstow
Defendant Robert Mccormick|Unknown Spouse,if Any, Of Robert Mccormick|Patriot Pathway, Llc
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. CLERK FEE, POUNDAGE TAKEN
  3. CASE REFUND TO ALBERTELLI LAW PARTNERS OHIO
  4. THE MOTION OF PATRIOT PATHWAY, LLC'S TO INTERVENE IN THIS MATTER IS UNOPPOSED AND GRANTED. THE CLERK OF COURTS IS ORDERED TO LIST "PATRIOT PATHWAY, LLC" AS A PARTY DEFENDANT WITH CHARLES P. ROYER (BAR # 0037104) AS COUNSEL OF RECORD. DEFENDANT PATRIOT PATHWAY'S MOTION TO DISTRIBUTE BALANCE OF EXCESS FUNDS IS UNOPPOSED AND GRANTED. THE CLERK OF COURTS IS ORDERED TO DISTRIBUTE THE REMAINING FUNDS FROM THE SALE OF THE PROPERTY TOTALING $66,642.40 TO DEFENDANT PATRIOT PATHWAY LLC. THE FUNDS ARE TO BE MADE IN CARE OF ITS ATTORNEY "CHARLES P. ROYER" AND SENT TO SIGNATURE SQUARE II, SUITE 220, 25101 CHAGRIN BOULEVARD, BEACHWOOD, OHIO 44122. NOTICE ISSUED
  5. MOTION FILED FOR D1 ROBERT MCCORMICK CHARLES P ROYER 0037104 JOINT MOTION TO INTERVENE AND OR SUBSTITUTE AND MOTION TO DISBURSE EXCESS FUNDS, FILED 11/07/2025, IS DENIED. NOTICE ISSUED
  6. MOTION FILED FOR D1 ROBERT MCCORMICK CHARLES P ROYER 0037104 JOINT MOTION TO INTERVENE AND OR SUBSTITUTE AND MOTION TO DISBURSE EXCESS FUNDS WITH EXHIBITS
  7. MOTION FILED FOR D1 ROBERT MCCORMICK CHARLES P ROYER 0037104 JOINT MOTION TO INTERVENE AND OR SUBSTITUTE AND MOTION TO DISBURSE EXCESS FUNDS
  8. CERTIFIED MAIL RECEIPT NO. 57085415 RETURNED 6/26/2025 FAILURE OF SERVICE ON DEFENDANT MCCORMICK/ROBERT/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  9. JUDGMENT DEBTOR NOTICE(57085415) SENT BY CERTIFIED MAIL. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  10. WRIT FEE
  11. DEPOSIT AMOUNT PAID SHERIFF
  12. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $66,642.40
  13. DEPOSIT AMOUNT PAID SHERIFF
  14. DEPOSIT REQUIRED FOR COSTS TO CLERK $2,052.80 SHERIFF
  15. REGULAR MAIL SERVICE RECEIPT NO. 56818937 RETURNED 05/21/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  16. TO COURT: 05/16/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: ENHANCED HOLDINGS LLC ........................................................................................... FOR $155,000.00 DATE OF SALE 02/18/2025 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  17. REGULAR MAIL SERVICE RECEIPT NO. 56818936 RETURNED 05/13/2025 FAILURE OF SERVICE ON DEFENDANT MCCORMICK/ROBERT/ FORWARDING TIME EXPIRED NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  18. JUDGMENT ENTRY(56818937) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  19. JUDGMENT ENTRY(56818936) SENT BY REGULAR MAIL SERVICE. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  20. JUDGMENT ENTRY(56818935) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  21. JUDGMENT ENTRY(56818934) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  22. JUDGMENT ENTRY(56818933) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  23. DECREE OF CONFIRMATION (Parcel(s) #43224039) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO ENHANCED HOLDINGS LLC A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  24. PLAINTIFF'S MOTION FOR REIMBURSEMENT OF ADVANCES IS UNOPPOSED AND GRANTED. ORDER SEE JOURNAL. NOTICE ISSUED
  25. AFFIDAVIT FILED BY P1 PREMIER BANK ATTORNEY MARK R LEMBRIGHT 0041545 AFFIDAVIT FOR MOTION FOR REIMBURSEMENT OF ADVANCES
  26. MOTION FILED FOR P1 PREMIER BANK MARK R LEMBRIGHT 0041545 MOTION FOR REIMBURSEMENT OF ADVANCES
  27. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $677.40 PREPAID TO LEGAL NEWS.
  28. OOS ORDER OF SALE RETURNED 2/19/2025, SOLD DATE 2/18/2025 SOLD TO: ENHANCED HOLDINGS LLC FOR $155,000.00
  29. RECORDER'S FEE $1.00
  30. CERTIFICATE OF TITLE $719.00 PAY TO PREMIER BANK
  31. NOTICE FILED BY P1 PREMIER BANK ATTORNEY MARK R LEMBRIGHT 0041545 NOTICE OF SHERIFFS SALE
  32. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 02/18/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 02/18/2025 IT WILL BE RE-OFFERED ON 03/03/2025 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: WAYNE F LEVERING, APPRAISAL COST: $52.86 REGULAR FEE AND MILEAGE. JOHN KOZ, APPRAISAL COST: $50 REGULAR FEE. CRYSTAL A WILLIAMS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-995183 DATED THIS 14th DAY OF JANUARY, 2025 NOTICE ISSUED NOTICE ISSUED
  33. LAND APPRAISAL OOS
  34. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 432-24-039
  35. REGULAR MAIL SERVICE RECEIPT NO. 55554850 RETURNED 12/23/2024 FAILURE OF SERVICE ON DEFENDANT MCCORMICK/ROBERT/ RETURN TO SENDER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  36. REGULAR MAIL SERVICE RECEIPT NO. 55554851 RETURNED 12/23/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK RETURN TO SENDER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  37. REAL AUCTION
  38. DEPOSIT AMOUNT PAID MARK R LEMBRIGHT
  39. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE
  40. JUDGMENT ENTRY(55554851) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  41. JUDGMENT ENTRY(55554850) SENT BY REGULAR MAIL SERVICE. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  42. JUDGMENT ENTRY(55554849) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  43. JUDGMENT ENTRY(55554848) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  44. ORDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. 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
  45. MAGISTRATE'S DECISION(55206655) SENT BY REGULAR MAIL SERVICE. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  46. MAGISTRATE'S DECISION(55206654) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  47. MAGISTRATE'S DECISION(55206653) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  48. MAGISTRATE'S DECISION(55206652) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  49. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  50. MOTION FOR DEFAULT JUDGMENT, FILED 09/20/2024, IS GRANTED. NOTICE ISSUED
  51. CASE CALLED FOR HEARING. ONLY PLAINTIFF APPEARED THROUGH COUNSEL. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  52. NOTICE FILED BY P1 PREMIER BANK ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF TELEPHONE HEARING
  53. TELEPHONE DEFAULT HEARING SET FOR 10/30/2024 AT 09:00 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. 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 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  54. NOTICE FILED BY P1 PREMIER BANK ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF FILING FINAL JUDICIAL REPORT
  55. AFFIDAVIT FILED BY P1 PREMIER BANK ATTORNEY F. PETER COSTELLO 0076112 MILITARY AFFIDAVIT
  56. AFFIDAVIT FILED BY P1 PREMIER BANK ATTORNEY F. PETER COSTELLO 0076112 ATTORNEY AFFIDAVIT
  57. MOTION FOR DEFAULT JUDGMENT 10/30/2024 - GRANTED
  58. CERTIFIED MAIL RECEIPT NO. 54204088 RETURNED 07/08/2024 FAILURE OF SERVICE ON DEFENDANT MCCORMICK/ROBERT/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  59. CERTIFIED MAIL RECEIPT NO. 54204089 RETURNED 07/08/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  60. LEGAL NEWS ABSTRACT
  61. PROOF OF PUBLICATION FILED $662.80 - LEGAL NEWS FEE $250.00
  62. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $412.80
  63. DEPOSIT AMOUNT PAID F. PETER COSTELLO
  64. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  65. CERTIFIED MAIL RECEIPT NO. 54204089 RETURNED 7/8/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  66. CERTIFIED MAIL RECEIPT NO. 54204088 RETURNED 7/8/2024 FAILURE OF SERVICE ON DEFENDANT MCCORMICK/ROBERT/ - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  67. SUMS COMPLAINT(54204089) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4284 SPRING MOUNTAIN LAS VEGAS, NV 89102-0000
  68. SUMS COMPLAINT(54204088) SENT BY CERTIFIED MAIL. TO: ROBERT MCCORMICK 4284 SPRING MOUNTAIN LAS VEGAS, NV 89102-0000
  69. SUMMONS E-FILE COPY COST
  70. SUMMONS E-FILE COPY COST
  71. WRIT FEE
  72. WRIT FEE
  73. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  74. CERTIFIED MAIL RECEIPT NO. 53440702 RETURNED 06/03/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  75. CERTIFIED MAIL RECEIPT NO. 53440701 RETURNED 06/03/2024 FAILURE OF SERVICE ON DEFENDANT MCCORMICK/ROBERT/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  76. 53845563 ON 05/28/2024 THE WITHIN NAMED UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  77. 53845562 ON 05/28/2024 THE WITHIN NAMED MCCORMICK/ROBERT/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  78. CERTIFIED MAIL NUMBER 53440702 ADDRESSED TO UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  79. CERTIFIED MAIL NUMBER 53440701 ADDRESSED TO ROBERT MCCORMICK(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  80. SUMS COMPLAINT(53845563) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  81. SUMS COMPLAINT(53845562) SENT BY SPECIAL PROCESS SERVER. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  82. SUMMONS E-FILE COPY COST
  83. WRIT FEE
  84. WRIT FEE
  85. SUMMONS E-FILE COPY COST
  86. PRAECIPE FILED PRAECIPE FOR SERVICE
  87. 53622362 ON 04/29/2024 THE WITHIN NAMED UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  88. 53622361 ON 04/29/2024 THE WITHIN NAMED MCCORMICK/ROBERT/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  89. SUMS COMPLAINT(53622362) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  90. SUMS COMPLAINT(53622361) SENT BY SPECIAL PROCESS SERVER. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  91. SUMMONS E-FILE COPY COST
  92. SUMMONS E-FILE COPY COST
  93. WRIT FEE
  94. WRIT FEE
  95. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  96. SUMS COMPLAINT(53440702) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE,IF ANY, OF ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  97. SUMS COMPLAINT(53440701) SENT BY CERTIFIED MAIL. TO: ROBERT MCCORMICK 4451 ROADOAN ROAD BROOKLYN, OH 44144
  98. 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
  99. 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
  100. SUMMONS E-FILE COPY COST
  101. SUMMONS E-FILE COPY COST
  102. WRIT FEE
  103. WRIT FEE
  104. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  105. SPECIAL PROJECTS FUND FEE
  106. LEGAL RESEARCH
  107. LEGAL NEWS
  108. LEGAL AID
  109. COMPUTER FEE
  110. CLERK'S FEE
  111. DEPOSIT AMOUNT PAID F. PETER COSTELLO
  112. DEPOSIT AMOUNT PAID F. PETER COSTELLO

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