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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-10
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 58 entries

Parties

Plaintiff Wilmington Savings Fund Society Fsb, Not In Its Individual Capacity But Solely As Trustee For Ibis Holdings A Trust C/o Fay Servicing, Llc
Defendant Tgif Holdings, L.l.c. C/o Thomas Fischer|Thomas Fischer|Unknown Occupants Of 7129 Brinsmade Ave, Cleveland, Oh 44102, If Any
Photo of Hon. Kelly Ann Gallagher

Judge

Hon. Kelly Ann Gallagher

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. MEDIATION SET FOR 06/03/2025 AT 09:00 AM. (Notice Sent).
  3. THE MAGISTRATE HAS DETERMINED THAT THE CASE MAY BE SUITABLE FOR MEDIATION. THE CASE IS REFERRED TO THE COURT'S FORECLOSURE MEDIATION PROGRAM FOR FURTHER EVALUATION. ALL DISCOVERY AND MOTION PRACTICE IS STAYED PENDING THE MEDIATOR'S FINAL DETERMINATION OF SUITABILITY OF THE CASE FOR MEDIATION. NOTICE ISSUED
  4. CMC HELD. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANTS APPEARED. THE PARTIES REQUESTED THAT THIS MATTER BE REFERRED TO MEDIATION. THE MAGISTRATE WILL INQUIRE WITH THE MEDIATION DEPARTMENT. IN THE EVENT THAT MEDIATION WILL NOT TAKE THE REFERRAL, THE MAGISTRATE WILL SET ANOTHER CMC TO SET A CASE SCHEDULE. NOTICE ISSUED
  5. REPLY BRIEF FILED BY D1 TGIF HOLDINGS, L.L.C. EDWARD F. HERMAN 0086598 REPLY IN SUPPORT OF MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  6. GENERAL PLEADING FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY ATTORNEY JOHN ROLLIN TARTER 0095407 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S SECOND MOTION TO JOIN RCN CAPITAL, LLCAS A PARTY IN THE
  7. MOTION FILED FOR D1 TGIF HOLDINGS, L.L.C. EDWARD F. HERMAN 0086598 MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  8. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY ATTORNEY ADRIENNE S. FOSTER 0080011 NOTICE OF HEARING
  9. CMC BY PHONE SET FOR 05/19/2025 AT 10:00 AM BY TELEPHONE. THE CASE IS SET FOR TELEPHONE CMC. ANY PARTY MAY APPEAR AT THE TELEPHONE CMC BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE CMC. PLAINTIFF MUST SEND NOTICE TO ALL PARTIES OF THE CMC AT LEAST 14 DAYS PRIOR TO THE CMC. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  10. ANSWER FILED BY D2 THOMAS FISCHER ATTORNEY EDWARD F. HERMAN 0086598 ANSWER OF THOMAS FISCHER
  11. USPS RECEIPT NO. 56565786 DELIVERED BY USPS 04/07/2025 TGIF HOLDINGS, L.L.C. PROCESSED BY COC 04/16/2025.
  12. THE MOTION TO JOIN MORTGAGEE IDENTIFIED IN THE PRELIMINARY JUDICIAL REPORT IS DENIED AS MOOT. THE SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT FILE BY PLAINTIFF ON APRIL 7, 2025, IDENTIFIES THAT THE SUBJECT MORTGAGE WAS ASSIGNED TO PLAINTIFF IN ADVANCE OF THE CASE BEING FILED. THUS CURING THE ISSUE RAISED IN THE INSTANT MOTION. NOTICE ISSUED
  13. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY ATTORNEY PAUL M NALEPKA 0040796 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  14. SUMS COMPLAINT(56565786) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, L.L.C. 8701 ANSONIA AVE CLEVELAND, OH 44144
  15. A REVIEW OF THE DOCKET SUGGESTS THAT THE PRELIMINARY JUDICIAL REPORT FILED BY PLAINTIFF, WHICH IS ATTACHED TO THE COMPLAINT, HAS AN EFFECTIVE DATE OF SEPTEMBER 20, 2024. THE INSTANT ACTION WAS FILED ON JANUARY 10, 2025. LOCAL RULE 24.0(A) PROVIDES THAT A PRELIMINARY JUDICIAL REPORT MUST BE FILED WITH OR WITHIN 14 DAYS OF THE FILING OF A COMPLAINT AND THAT THE EFFECTIVE DATE SHALL NOT BE MORE THAN 30 DAYS PRIOR TO THE FILING OF THE COMPLAINT. PLAINTIFF HAS FAILED TO COMPLY WITH LOCAL RULE 24.0(A). PLAINTIFF IS GRANTED LEAVE UP TO AND INCLUDING APRIL 18, 2025, TO FILE A SUPPLEMENTAL JUDICIAL REPORT WITH AN EFFECTICE DATE COMPLAINT WITH LOCAL RULE 24.0(A). FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF PLAINTIFF'S CLAIMS WITHOUT PREJUDICE PURSUANT TO LOCAL RULE 24.0(C). NOTICE ISSUED
  16. SUMMONS E-FILE COPY COST
  17. WRIT FEE
  18. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND COMPLAINT
  19. REPLY BRIEF FILED BY D2 THOMAS FISCHER EDWARD F. HERMAN 0086598 REPLY IN SUPPORT OF MOTION TO JOIN MORTGAGEE IDENTIFIED IN THE PRELIMINARY JUDICIAL REPORT
  20. DEFENDANT THOMAS FISCHER'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT IS UNOPPOSED AND GRANTED. THE MOVING DEFENDANT IS GRANTED LEAVE UP TO AND INCLUDING APRIL 18, 2025 TO RESPOND TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  21. BRIEF IN OPPOSITION FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY JOHN ROLLIN TARTER 0095407 PLAINTIFF'S RESPONSE TO MOTION TO JOIN RCN CAPITAL, LLC AS A PARTY IN THE CASE
  22. CERTIFIED MAIL NUMBER 55801783 ADDRESSED TO THOMAS FISCHER(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  23. CERTIFIED MAIL NUMBER 55801782 ADDRESSED TO TGIF HOLDINGS, L.L.C.(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  24. MOTION FILED FOR D2 THOMAS FISCHER EDWARD F. HERMAN 0086598 MOTION TO JOIN MORTGAGEE IDENTIFIED IN THE PRELIMINARY JUDICIAL REPORT
  25. CERTIFIED MAIL RECEIPT NO. 55801784 RETURNED 01/28/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN OCCUPANTS OF 7129 BRINSMADE AVE, CLEVELAND, OH 44102, IF ANY - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  26. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT
  27. CERTIFIED MAIL RECEIPT NO. 55801784 RETURNED 1/28/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN OCCUPANTS OF 7129 BRINSMADE AVE, CLEVELAND, OH 44102, IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. 55801883 ON 01/17/2025 I SERVED THE WITHIN NAMED UNKNOWN OCCUPANTS OF 7129 BRINSMADE AVE, CLEVELAND, OH 44102, IF ANY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  29. 55801912 ON 01/17/2025 I SERVED THE WITHIN NAMED FISCHER/THOMAS/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  30. NOTICE OF SUMMONS SERVICE RETURN FILED
  31. NOTICE OF SUMMONS SERVICE RETURN FILED
  32. SUMS COMPLAINT(55801784) SENT BY CERTIFIED MAIL. TO: UNKNOWN OCCUPANTS OF 7129 BRINSMADE AVE, CLEVELAND, OH 44102, IF ANY 7129 BRINSMADE AVE CLEVELAND,, OH 44102
  33. SUMS COMPLAINT(55801783) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER 8701 ANSONIA AVE CLEVELAND,, OH 44144
  34. SUMS COMPLAINT(55801782) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, L.L.C. 8701 ANSONIA AVE CLEVELAND, OH 44144
  35. SUMS COMPLAINT(55801912) SENT BY SPECIAL PROCESS SERVER. TO: THOMAS FISCHER 8701 ANSONIA AVE CLEVELAND,, OH 44144
  36. SUMS COMPLAINT(55801883) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN OCCUPANTS OF 7129 BRINSMADE AVE, CLEVELAND, OH 44102, IF ANY 7129 BRINSMADE AVE CLEVELAND,, OH 44102
  37. SUMMONS E-FILE COPY COST
  38. WRIT FEE
  39. WRIT FEE
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. WRIT FEE
  47. 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
  48. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  49. 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
  50. JUDGE KELLY ANN GALLAGHER ASSIGNED (RANDOM)
  51. SPECIAL PROJECTS FUND FEE
  52. LEGAL RESEARCH
  53. LEGAL NEWS
  54. LEGAL AID
  55. COMPUTER FEE
  56. CLERK'S FEE
  57. DEPOSIT AMOUNT PAID ADRIENNE S. FOSTER
  58. DEPOSIT AMOUNT PAID ADRIENNE S. FOSTER

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