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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-07-15
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 115 entries

Parties

Plaintiff Bank Of New York Mellon Trust Company, N.a. As Trustee For Mortgage Assets Management Series I Trust
Defendant Audrey Dawson Watson|Unknown Spouse Of Audrey Dawson Watson, If Any, Name Unknown|Tenant, If Any, Name Unknown Unknown Occupant|United States Of America, Acting By And Through Its Agency, The Depart Ment Of Housing And Urban Development C/o The U.s. Attorney's Office|United States Of America C/o U.s. Attorney General|Cuyahoga County Treasurer
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, SERVICE REQUEST, SERVICE REQUEST, SERVICE REQUEST
  2. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $693.10 PREPAID TO LEGAL NEWS.
  3. ALI ORDER OF SALE RETURNED 2/25/2026, SOLD DATE 2/23/2026 SOLD TO: CASCADE FUNDING MORTGAGE TRUST HB15 FOR $61,000.00
  4. RECORDER'S FEE $1.00
  5. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF SALE
  6. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 12/15/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 12/15/2025 IT WILL BE RE-OFFERED ON 12/29/2025 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: BRENT T. BAILEY, APPRAISAL COST: $52.12 REGULAR FEE AND MILEAGE. JOHN ANDREWS, APPRAISAL COST: $50 REGULAR FEE. RUTH A LASSITER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-100578 DATED THIS 10th DAY OF NOVEMBER, 2025 NOTICE ISSUED NOTICE ISSUED
  7. ANSWER FILED BY D7 CUYAHOGA COUNTY TREASURER ATTORNEY MICHAEL H. OMALLEY 0105234 CUYAHOGA COUNTY TREASURERS OFFICE
  8. ALI LAND APPRAISAL FILED
  9. ALIAS ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 107-15-189
  10. DEPOSIT AMOUNT PAID AUSTIN R. DECKER
  11. PRAECIPE FOR ORDER OF SALE $600 PRAECIPE FOR ALIAS ORDER OF SALE
  12. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF TERMINATION OF AUTOMATIC STAY
  13. SHERIFF SALE VACATED
  14. PLAINTIFFS MOTION TO VACATE SALE FILED ON 2/4/25 IS GRANTED. THE COURT HAS BEEN NOTIFIED OF CHAPTER 13 BANKRUPTCY FILING 25-10272 WHICH OCCURRED ON 1/24/25 PRIOR TO THE WITHIN SALE OF 1/27/25. CONSEQUENTLY, THE COURT VACATES THE WITHIN SALE AND ORDERS THE SHERIFF TO RETURN THE WINNING BIDDER'S MONEY FORTHWITH. PLAINTIFF IS PRECLUDED FROM TRIGGERING A SUBSEQUENT SALE WHILE SAID BANKRUPTCY IS IN EFFECT. NOTICE ISSUED
  15. NOTICE FILED BY D1 AUDREY DAWSON WATSON ATTORNEY CHARLES J VAN NESS 0047365 NOTICE OF BANKRUPTCY PROCEEDING AND AUTOMATIC STAY
  16. MOTION FILED FOR P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AUSTIN R. DECKER 0100918 MOTION TP VACATE AND SET ASIDE SHERIFF'S SALE
  17. OOS ORDER OF SALE RETURNED 1/29/2025, SOLD DATE 1/27/2025 SOLD TO: CASCADE FUNDING MORTGAGE TRUST HB15 FOR $57,000.00
  18. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $664.00 PREPAID TO LEGAL NEWS.
  19. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF ASSIGNMENT OF BID
  20. RECORDER'S FEE $2.00
  21. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF SALE
  22. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 01/27/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 01/27/2025 IT WILL BE RE-OFFERED ON 02/10/2025 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: JOHN J. LYNCH, APPRAISAL COST: $52.78 REGULAR FEE AND MILEAGE. DANIEL J ROCCO, APPRAISAL COST: $50 REGULAR FEE. CRYSTAL A WILLIAMS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-100578 DATED THIS 23rd DAY OF DECEMBER, 2024 NOTICE ISSUED NOTICE ISSUED
  23. LAND APPRAISAL OOS
  24. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 107-15-189
  25. REAL AUCTION
  26. DEPOSIT AMOUNT PAID AUSTIN R. DECKER
  27. PRAECIPE FOR ORDER OF SALE $820
  28. JUDGMENT ENTRY(55522650) SENT BY REGULAR MAIL SERVICE. TO: TENANT, IF ANY, NAME UNKNOWN UNKNOWN OCCUPANT 1393 E. 89TH ST. CLEVELAND, OH 44106
  29. JUDGMENT ENTRY(55522649) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF AUDREY DAWSON-WATSON, IF ANY, NAME UNKNOWN 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  30. JUDGMENT ENTRY(55522648) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  31. JUDGMENT ENTRY(55522647) SENT BY EMAIL. TO: HANNAH F.G. SINGERMAN [email protected]
  32. JUDGMENT ENTRY(55522646) SENT BY EMAIL. TO: KIMBERLY L. LUBRANI [email protected]
  33. JUDGMENT ENTRY(55522645) SENT BY EMAIL. TO: KIMBERLY L. LUBRANI [email protected]
  34. JUDGMENT ENTRY(55522644) SENT BY EMAIL. TO: WILLIAM BRISSIE [email protected]
  35. JUDGMENT ENTRY(55522643) SENT BY EMAIL. TO: WILLIAM BRISSIE [email protected]
  36. JUDGMENT ENTRY(55522642) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  37. JUDGMENT ENTRY(55522641) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  38. JUDGMENT ENTRY(55522640) SENT BY EMAIL. TO: NATHAN R. DUVELIUS [email protected]
  39. JUDGMENT ENTRY(55522639) SENT BY EMAIL. TO: NATHAN R. DUVELIUS [email protected]
  40. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED ON 10/25/24 IS GRANTED. DECREE OF FORECLOSURE. FINAL. OSJ. NOTICE ISSUED
  41. CASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. DEFENDANT AUDREY DAWSON WATSON PRESENT. ALL OTHERS ABSENT. DEFENDANT AUDREY DAWSON WATSON HAS FILED A PRO SE ANSWER WITH THE COURT ON 8/9/24. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 10/25/24 IS GRANTED AS TO ALL NON-ANSWERING DEFENDANTS ONLY. DEFENDANT AUDREY DAWSON WATSON NOW HAS COUNSEL WHO MADE AN APPEARANCE WITH THE COURT ON 11/13/24 AND HAS MOVED THE COURT FOR EXTENSION OF TIME ON 11/13/24 TO FILE AN ANSWER. SAID MOTION IS MOOT AS HER ANSWER WAS ALREADY FILED. NOTICE ISSUED
  42. MOTION FOR EXTENSION OF TIME DEFENDANT'S MOTION FOR EXTENSION OF TIME
  43. NOTICE OF APPEARANCE, FILED DEFENDANT(S) AUDREY DAWSON WATSON(D1) and AUDREY DAWSON WATSON(D2) WILLIAM BRISSIE 0075273. NOTICE OF APPEARANCE
  44. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF HEARING
  45. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/14/2024 AT 10:45AM BEFORE MAGISTRATE JOHN T DYKE, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  46. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF FILING FINAL JUDICIAL REPORT
  47. AFFIDAVIT FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 JUDGMENT AFFIDAVIT
  48. AFFIDAVIT FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 AFFIDAVIT OF ATTORNEY
  49. AFFIDAVIT FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY AUSTIN R. DECKER 0100918 MILITARY AFFIDAVIT
  50. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT
  51. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  52. CERTIFIED MAIL RECEIPT NO. 54312767 RETURNED 08/08/2024 FAILURE OF SERVICE ON DEFENDANT DAWSON WATSON/AUDREY / - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  53. ANSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA, ACTING BY AND THROUGH ITS AGENCY, THE DEPART(D5) and UNITED STATES OF AMERICA(D6) ATTORNEY KIMBERLY L. LUBRANI 0088031 AMENDED ANSWER OF THE UNITED STATES OF AMERICA DISCLAIMING INTEREST
  54. CERTIFIED MAIL RECEIPT NO. 54312766 RETURNED 08/08/2024 FAILURE OF SERVICE ON DEFENDANT DAWSON WATSON/AUDREY / - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. ANSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA, ACTING BY AND THROUGH ITS AGENCY, THE DEPART(D5) and UNITED STATES OF AMERICA(D6) ATTORNEY KIMBERLY L. LUBRANI 0088031 ANSWER OF THE UNITED STATES OF AMERICA
  56. THE COURT ORDERS THE CLERK TO CORRECT THE DOCKET. ASSISTANT COUNTY PROSECUTOR HANNAH SINGERMAN IS LISTED AS COUNSEL OF RECORD FOR THE PLAINTIFF. THIS IS INCORRECT. SHE IS TO BE LISTED AS COUNSEL OF RECORD FOR DEFENDANT #7 CUYAHOGA COUNTY TREASURER. NOTICE ISSUED
  57. ANSWER FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY HANNAH F.G. SINGERMAN 0083106 CUYAHOGA COUNTY TREASURER
  58. ANSWER AFFIDAVIT . PRO SE (9999999)
  59. CERTIFIED MAIL RECEIPT NO. 54312767 RETURNED 8/8/2024 FAILURE OF SERVICE ON DEFENDANT DAWSON WATSON/AUDREY / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  60. CERTIFIED MAIL RECEIPT NO. 54312766 RETURNED 8/8/2024 FAILURE OF SERVICE ON DEFENDANT DAWSON WATSON/AUDREY / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  61. CERTIFIED MAIL RECEIPT NO. 54312768 RETURNED 8/8/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE OF AUDREY DAWSON-WATSON, IF ANY, NAME UNKNOWN - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  62. 54312913 ON 07/18/2024 I SERVED THE WITHIN NAMED UNKNOWN OCCUPANT/TENANT, IF ANY, NAME UNKNOWN BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  63. 54312912 ON 07/18/2024 I SERVED THE WITHIN NAMED UNKNOWN SPOUSE OF AUDREY DAWSON-WATSON, IF ANY, NAME UNKNOWN BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  64. 54312911 ON 07/18/2024 I SERVED THE WITHIN NAMED DAWSON WATSON/AUDREY / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  65. 54312910 ON 07/18/2024 I SERVED THE WITHIN NAMED DAWSON WATSON/AUDREY / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  66. USPS RECEIPT NO. 54312771 DELIVERED BY USPS 07/22/2024 UNITED STATES OF AMERICA PROCESSED BY COC 07/31/2024.
  67. USPS RECEIPT NO. 54312770 DELIVERED BY USPS 07/22/2024 UNITED STATES OF AMERICA, ACTING BY AND THROUGH ITS AGENCY, THE DEPART PROCESSED BY COC 07/31/2024.
  68. NOTICE FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY NATHAN R. DUVELIUS 0095144 NOTICE OF FILING PRELIMINARY JUDICIAL REPORT
  69. USPS RECEIPT NO. 54312769 DELIVERED BY USPS 07/20/2024 UNKNOWN OCCUPANT/TENANT, IF ANY, NAME UNKNOWN PROCESSED BY COC 07/24/2024.
  70. CLERK ISSUED VIA HAND DELIVERY RETURNED 07/18/2024 - CUYAHOGA COUNTY TREASURER - COMPLETED 07/18/2024 0.00
  71. SUMS COMPLAINT(54312771) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA 950 PENNSYLVANIA AVE. NW WASHINGTON, DC 20530
  72. SUMS COMPLAINT(54312770) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, ACTING BY AND THROUGH ITS AGENCY, THE DEPART 801 W. SUPERIOR AVE., STE. 400 CLEVELAND, OH 44113
  73. SUMS COMPLAINT(54312769) SENT BY CERTIFIED MAIL. TO: TENANT, IF ANY, NAME UNKNOWN UNKNOWN OCCUPANT 1393 E. 89TH ST. CLEVELAND, OH 44106
  74. SUMS COMPLAINT(54312768) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF AUDREY DAWSON-WATSON, IF ANY, NAME UNKNOWN 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  75. SUMS COMPLAINT(54312767) SENT BY CERTIFIED MAIL. TO: AUDREY DAWSON WATSON 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  76. SUMS COMPLAINT(54312766) SENT BY CERTIFIED MAIL. TO: AUDREY DAWSON WATSON 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  77. SUMS COMPLAINT(54312913) SENT BY SPECIAL PROCESS SERVER. TO: TENANT, IF ANY, NAME UNKNOWN UNKNOWN OCCUPANT 1393 E. 89TH ST. CLEVELAND, OH 44106
  78. SUMS COMPLAINT(54312912) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE OF AUDREY DAWSON-WATSON, IF ANY, NAME UNKNOWN 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  79. SUMS COMPLAINT(54312911) SENT BY SPECIAL PROCESS SERVER. TO: AUDREY DAWSON WATSON 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  80. SUMS COMPLAINT(54312910) SENT BY SPECIAL PROCESS SERVER. TO: AUDREY DAWSON WATSON 5500 LAURENT DR., APT. 512 CLEVELAND, OH 44129
  81. SUMS COMPLAINT(54312772) SENT BY CLERK ISSUED VIA HAND DELIVERY. TO: CUYAHOGA COUNTY TREASURER 2079 E. 9TH ST. CLEVELAND, OH 44115
  82. SUMMONS E-FILE COPY COST
  83. SUMMONS E-FILE COPY COST
  84. SUMMONS E-FILE COPY COST
  85. SUMMONS E-FILE COPY COST
  86. WRIT FEE
  87. WRIT FEE
  88. WRIT FEE
  89. WRIT FEE
  90. WRIT FEE
  91. SUMMONS E-FILE COPY COST
  92. SUMMONS E-FILE COPY COST
  93. SUMMONS E-FILE COPY COST
  94. SUMMONS E-FILE COPY COST
  95. SUMMONS E-FILE COPY COST
  96. SUMMONS E-FILE COPY COST
  97. SUMMONS E-FILE COPY COST
  98. WRIT FEE
  99. WRIT FEE
  100. WRIT FEE
  101. WRIT FEE
  102. WRIT FEE
  103. WRIT FEE
  104. 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
  105. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  106. 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
  107. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  108. SPECIAL PROJECTS FUND FEE
  109. LEGAL RESEARCH
  110. LEGAL NEWS
  111. LEGAL AID
  112. COMPUTER FEE
  113. CLERK'S FEE
  114. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS
  115. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS

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