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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-09-06
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 53 entries

Parties

Plaintiff Newrez Llc Dba Shellpoint Mortgage Servicing
Defendant Laura E Krinsky|Unk. Spouse Of Laura E. Kinsky If Any|Capital One, N.a.
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. UDGMENT ENTRY(55664452) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE, N.A. C/O WOLTERS KLUWER 4400 EASTON COMMONS COLUMBUS, OH 43219
  3. UDGMENT ENTRY(55664451) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF LAURA E. KINSKY IF ANY 2216 CRANSTON RD UNIVERSITY HEIGHTS, OH 44118
  4. UDGMENT ENTRY(55664450) SENT BY REGULAR MAIL SERVICE. TO: LAURA E KRINSKY 2216 CRANSTON RD UNIVERSITY HEIGHTS, OH 44118
  5. UDGMENT ENTRY(55664449) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  6. UDGMENT ENTRY(55664448) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  7. LAINTIFF'S MOTION TO DISMISS IS GRANTED. 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
  8. OTICE OF REJECTED SERVICE OF PROCESS- LOG 547965661 . PRO SE (9999999)
  9. OTION TO DISMISS FILED PLAINTIFF'S MOTION TO DISMISS COMPLAINT PURSUANT TO CIVIL RULE 41(A)(2)
  10. MC HELD. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT(S) DID NOT APPEAR. DISPOSITIVE MOTIONS, OR NOTICE THAT DISPOSITIVE MOTIONS ARE NOT NECESSARY, MUST BE FILED ON OR BEFORE 12/27/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 1/27/25. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 2/10/25. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
  11. OTICE FILED BY P1 NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING ATTORNEY PAUL M NALEPKA 0040796 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  12. SPS RECEIPT NO. 54989115 DELIVERED BY USPS 10/11/2024 CAPITAL ONE, N.A. PROCESSED BY COC 10/16/2024.
  13. ASE MGMNT CONFERENCE SET FOR 11/27/2024 AT 09:15 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  14. ERTIFIED MAIL RECEIPT NO. 54760762 RETURNED 09/27/2024 FAILURE OF SERVICE ON DEFENDANT KRINSKY/LAURA/E - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  15. 1 LAURA E KRINSKY ANSWER, FILED. PRO SE 9999999
  16. UMS COMPLAINT(54989115) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE, N.A. C/O CORPORATION SERVICE COMPANY 251 LITTLE FALLS DRIVE WILMINGTON, DE 19808-0000
  17. UMMONS E-FILE COPY COST
  18. RIT FEE
  19. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE VIA CERTIFIED MAIL
  20. ERTIFIED MAIL RECEIPT NO. 54760763 RETURNED 9/27/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF LAURA E. KINSKY IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  21. ERTIFIED MAIL RECEIPT NO. 54760762 RETURNED 9/27/2024 FAILURE OF SERVICE ON DEFENDANT KRINSKY/LAURA/E - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  22. OTICE OF REJECTED SERVICE OF PROCESS - LOG #547307259
  23. OTICE OF REJECTED SERVICE OF PROCESS - LOG #547305984
  24. ON 09/10/2024 I SERVED THE WITHIN NAMED UNK. SPOUSE OF LAURA E. KINSKY IF ANY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. ON 09/10/2024 I SERVED THE WITHIN NAMED KRINSKY/LAURA/E BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  26. SPS RECEIPT NO. 54760764 DELIVERED BY USPS 09/13/2024 CAPITAL ONE, N.A. PROCESSED BY COC 09/18/2024.
  27. UMS COMPLAINT(54760764) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE, N.A. C/O WOLTERS KLUWER 4400 EASTON COMMONS COLUMBUS, OH 43219
  28. UMS COMPLAINT(54760763) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF LAURA E. KINSKY IF ANY 2216 CRANSTON RD UNIVERSITY HEIGHTS, OH 44118
  29. UMS COMPLAINT(54760762) SENT BY CERTIFIED MAIL. TO: LAURA E KRINSKY 2216 CRANSTON RD UNIVERSITY HEIGHTS, OH 44118
  30. UMS COMPLAINT(54760905) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF LAURA E. KINSKY IF ANY 2216 CRANSTON RD UNIVERSITY HEIGHTS, OH 44118
  31. UMS COMPLAINT(54760904) SENT BY SPECIAL PROCESS SERVER. TO: LAURA E KRINSKY 2216 CRANSTON RD UNIVERSITY HEIGHTS, OH 44118
  32. UMMONS E-FILE COPY COST
  33. UMMONS E-FILE COPY COST
  34. RIT FEE
  35. RIT FEE
  36. UMMONS E-FILE COPY COST
  37. RIT FEE
  38. UMMONS E-FILE COPY COST
  39. UMMONS E-FILE COPY COST
  40. RIT FEE
  41. RIT FEE
  42. 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
  43. AGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  44. 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
  45. UDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  46. PECIAL PROJECTS FUND FEE
  47. EGAL RESEARCH
  48. EGAL NEWS
  49. EGAL AID
  50. OMPUTER FEE
  51. LERK'S FEE
  52. EPOSIT AMOUNT PAID PAUL M NALEPKA
  53. EPOSIT AMOUNT PAID PAUL M NALEPKA

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