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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-08
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 78 entries

Parties

Plaintiff Citizens Bank, Na Jr
Defendant Brian Allen, Jr.|The Unknown Spouse, If Any, Of Brian Allen, Jr.|Secretary Of Housing And Urban Development|Us Attorney|United States Of America C/o Us Attorney General
Photo of Hon. SHANNON M GALLAGHER

Judge

Hon. SHANNON M GALLAGHER

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. COURT COST ASSESSED CITIZENS BANK, NA BILLED C/O ATTY BILL AMOUNT 917.8 PAID AMOUNT 876.55 AMOUNT DUE 41.25
  3. COURT COST ASSESSED CITIZENS BANK, NA BILL AMOUNT 917.8 PAID AMOUNT 876.55 AMOUNT DUE 41.25
  4. PLAINTIFF'S MOTION TO DISMISS IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COSTS ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  5. MOTION TO DISMISS FILED MOTION TO DISMISS, WITHOUT PREJUDICE
  6. CASE CALLED FOR DEFAULT HEARING. PLAINTIFF REPORTS THAT THE PARTIES HAVE ENTERED INTO A LOAN MODIFICATION. PLAINTIFF MUST FILE A NOTICE OF DISMISSAL OR A NOTICE OF INTENT TO PROCEED ON OR BEFORE 8-15-25. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS HELD IN ABEYANCE UNTIL 8-15-25 OR UNTIL SUCH TIME AS PLAINTIFF FILES A NOTICE OF INTENT TO PROCEED. NOTICE ISSUED
  7. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 ATTORNEY AFFIDAVIT
  8. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  9. TELEPHONE DEFAULT HEARING SET FOR 07/16/2025 AT 03:00 PM. 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 SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  10. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING PROPOSED JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION
  11. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AND ACKNOWLEGEMENT OF STATUS OF MORTGAGE LOAN ACCOUNT
  12. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING FINAL JUDICIAL REPORT
  13. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AS TO MILITARY SERVICE
  14. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  15. LEGAL NEWS ABSTRACT
  16. PROOF OF PUBLICATION FILED $526.55 - LEGAL NEWS FEE $250.00
  17. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $276.55
  18. ANSWER FILED BY D4 US ATTORNEY ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA TO PLAINTIFF'S SUPPLEMENTAL COMPLAINT
  19. DEPOSIT AMOUNT PAID JOHNA M BELLA
  20. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250
  21. DEPOSIT AMOUNT PAID JOHNA M BELLA
  22. SUPPLEMENTAL COMPLAINT $75
  23. 56055641 ON 04/08/2025 THE WITHIN NAMED THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  24. 56055640 ON 04/08/2025 THE WITHIN NAMED ALLEN, JR./BRIAN/ WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  25. PURSUANT TO CIV. R. 4(E) AND THE COURT'S STANDING CASE MANAGEMENT DIRECTIVE, PLAINTIFF MUST PERFECT SERVICE ON ITS COMPLAINT ON OR BEFORE 7-01-25 OR SHOW CAUSE WHY IT HAS FAILED TO DO SO. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  26. CERTIFIED MAIL RECEIPT NO. 55785404 RETURNED 01/29/2025 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  27. CERTIFIED MAIL RECEIPT NO. 55785402 RETURNED 01/29/2025 FAILURE OF SERVICE ON DEFENDANT ALLEN, JR./BRIAN/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. SUMS COMPLAINT(56055641) SENT BY SPECIAL PROCESS SERVER. TO: THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  29. SUMS COMPLAINT(56055640) SENT BY SPECIAL PROCESS SERVER. TO: BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  30. SUMMONS E-FILE COPY COST
  31. SUMMONS E-FILE COPY COST
  32. WRIT FEE
  33. WRIT FEE
  34. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR PROCESS SERVER SERVICE
  35. CERTIFIED MAIL RECEIPT NO. 55785404 RETURNED 1/29/2025 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  36. CERTIFIED MAIL RECEIPT NO. 55785402 RETURNED 1/29/2025 FAILURE OF SERVICE ON DEFENDANT ALLEN, JR./BRIAN/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  37. USPS RECEIPT NO. 55785408 DELIVERED BY USPS 01/21/2025 UNITED STATES OF AMERICA PROCESSED BY COC 01/29/2025.
  38. USPS RECEIPT NO. 55785407 DELIVERED BY USPS 01/15/2025 US ATTORNEY PROCESSED BY COC 01/22/2025.
  39. USPS RECEIPT NO. 55785406 DELIVERED BY USPS 01/17/2025 SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 01/22/2025.
  40. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $57.00
  41. 01/21/2025 55785405 THE WITHIN NAMED THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. 01/17/2025 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  42. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $72.00
  43. 01/21/2025 55785403 THE WITHIN NAMED ALLEN, JR./BRIAN/ 01/17/2025 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  44. SHERIFF SERVICE PACKET: THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  45. SHERIFF SERVICE PACKET: BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  46. SUMS COMPLAINT(55785408) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA 10TH AND CONSTITUTION AVENUE ROOM 5111 WASHINGTON, DC 20530
  47. SUMS COMPLAINT(55785407) SENT BY CERTIFIED MAIL. TO: US ATTORNEY 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  48. SUMS COMPLAINT(55785406) SENT BY CERTIFIED MAIL. TO: SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET SW WASHINGTON, DC 20410
  49. SUMS COMPLAINT(55785404) SENT BY CERTIFIED MAIL. TO: THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  50. SUMS COMPLAINT(55785402) SENT BY CERTIFIED MAIL. TO: BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  51. SUMS COMPLAINT(55785405) SENT BY CUYAHOGA SHERIFF SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  52. SUMS COMPLAINT(55785403) SENT BY CUYAHOGA SHERIFF SERVICE. TO: BRIAN ALLEN, JR. 11508 HOPKINS AVENUE CLEVELAND, OH 44108
  53. SUMMONS E-FILE COPY COST
  54. SUMMONS E-FILE COPY COST
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. SUMMONS E-FILE COPY COST
  67. 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
  68. MAGISTRATE STEPHEN M BUCHA ASSIGNED (MANUALLY)
  69. 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
  70. JUDGE SHANNON M GALLAGHER ASSIGNED (RANDOM)
  71. SPECIAL PROJECTS FUND FEE
  72. LEGAL RESEARCH
  73. LEGAL NEWS
  74. LEGAL AID
  75. COMPUTER FEE
  76. CLERK'S FEE
  77. DEPOSIT AMOUNT PAID JOHNA M BELLA
  78. DEPOSIT AMOUNT PAID JOHNA M BELLA

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