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Case Information
Filed
2024-08-23
Status
INACTIVE
Type
Foreclosure Marsh. Of Lien
Docket
49 entries
Parties
Plaintiff
Dollar Bank Federal Savings Bank
Defendant
Laura Kekula|John Doe Real Name Unknown The Unknown Spouse, If Any, Of Laura Kekula|Capital One Bank (usa) Na
Lawyers
Docket Entries
- ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
- EGULAR MAIL SERVICE RECEIPT NO. 54980653 RETURNED 10/28/2024 FAILURE OF SERVICE ON DEFENDANT CAPITAL ONE BANK (USA) NA NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
- ERTIFIED MAIL RECEIPT NO. 54642652 RETURNED 09/06/2024 FAILURE OF SERVICE ON DEFENDANT CAPITAL ONE BANK (USA) NA - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- UDGMENT ENTRY(54980653) SENT BY REGULAR MAIL SERVICE. TO: CAPITAL ONE BANK (USA) NA 471 EAST BROAD STREET 12TH FLOOR COLUMBUS, OH 43215
- UDGMENT ENTRY(54980652) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE REAL NAME UNKNOWN THE UNKNOWN SPOUSE, 21330 NICHOLAS AVENUE EUCLID, OH 44123
- UDGMENT ENTRY(54980651) SENT BY REGULAR MAIL SERVICE. TO: LAURA KEKULA 21330 NICHOLAS AVENUE EUCLID, OH 44123
- UDGMENT ENTRY(54980650) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
- UDGMENT ENTRY(54980649) SENT BY EMAIL. TO: MAUREEN ZINK DELANEY [email protected]
- LAINTIFF'S MOTION TO DISMISS, FILED 09/17/2024, IS GRANTED. CASE DISMISSED, WITHOUT PREJUDICE. 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- SPS RECEIPT NO. 54804091 DELIVERED BY USPS 09/19/2024 CAPITAL ONE BANK (USA) NA PROCESSED BY COC 09/25/2024.
- SPS RECEIPT NO. 54642651 DELIVERED BY USPS 09/21/2024 JOHN DOE REAL NAME UNKNOWN THE UNKNOWN SPOUSE, PROCESSED BY COC 09/25/2024.
- SPS RECEIPT NO. 54642649 DELIVERED BY USPS 09/21/2024 KEKULA/LAURA/ PROCESSED BY COC 09/25/2024.
- ON 08/29/2024 I SERVED THE WITHIN NAMED JOHN DOE REAL NAME UNKNOWN THE UNKNOWN SPOUSE, BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- OTICE OF SUMMONS SERVICE RETURN FILED
- OTICE OF SUMMONS SERVICE RETURN FILED
- OTION TO DISMISS FILED MOTION TO DISMISS 10/03/2024 - GRANTED
- UMS COMPLAINT(54804091) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK (USA) NA 100 SHOCKOE SLIP, 2ND FLOOR RICHMOND, VA 23219-0000
- UMMONS E-FILE COPY COST
- RIT FEE
- EQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
- ERTIFIED MAIL RECEIPT NO. 54642652 RETURNED 9/6/2024 FAILURE OF SERVICE ON DEFENDANT CAPITAL ONE BANK (USA) NA - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- UMS COMPLAINT(54642652) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE BANK (USA) NA 471 EAST BROAD STREET 12TH FLOOR COLUMBUS, OH 43215
- UMS COMPLAINT(54642651) SENT BY CERTIFIED MAIL. TO: JOHN DOE REAL NAME UNKNOWN THE UNKNOWN SPOUSE, 21330 NICHOLAS AVENUE EUCLID, OH 44123
- UMS COMPLAINT(54642649) SENT BY CERTIFIED MAIL. TO: LAURA KEKULA 21330 NICHOLAS AVENUE EUCLID, OH 44123
- UMS COMPLAINT(54642650) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE REAL NAME UNKNOWN THE UNKNOWN SPOUSE, 21330 NICHOLAS AVENUE EUCLID, OH 44123
- UMS COMPLAINT(54642648) SENT BY SPECIAL PROCESS SERVER. TO: LAURA KEKULA 21330 NICHOLAS AVENUE EUCLID, OH 44123
- UMMONS E-FILE COPY COST
- UMMONS E-FILE COPY COST
- UMMONS E-FILE COPY COST
- UMMONS E-FILE COPY COST
- UMMONS E-FILE COPY COST
- RIT FEE
- RIT FEE
- RIT FEE
- RIT FEE
- RIT FEE
- 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- AGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
- 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. 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- IELD SERVICE REPRESENTATIVE OR OTHER CONTACT: NAME DEE SMITH NUMBER 2163607200
- UDGE DANIEL GAUL ASSIGNED (RANDOM)
- PECIAL PROJECTS FUND FEE
- EGAL RESEARCH
- EGAL NEWS
- EGAL AID
- OMPUTER FEE
- LERK'S FEE
- EPOSIT AMOUNT PAID MAUREEN ZINK DELANEY
- EPOSIT AMOUNT PAID MAUREEN ZINK DELANEY
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
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