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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-22
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 45 entries

Parties

Plaintiff U.s. Bank Trust National Association Not In Its Individual Capacity, But Solely As Delaware Trustee For Determination Mortgage Trust C/o Fay Servicing, Llc
Defendant Tgif Holdings, L.l.c.|Thomas Fischer|Unknown Occupant Of 4203 Howlett Ave, Cleveland, Oh 44113
Photo of Hon. Emily Hagan

Judge

Hon. Emily Hagan

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. PLAINTIFF U.S. BANK TRUST NATIONAL ASSOCIATION AND AND DEFENDANT(S) TGIF HOLDINGS, LLC(D1) AND THOMAS FISCHER(D2) JOINT MOTION TO REFER CASE TO MEDIATION, FILED 06/26/2025, IS GRANTED. NOTICE ISSUED
  3. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. NOTICE ISSUED
  4. DEFENDANT THOMAS FISCHER'S MOTION TO JOIN A REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION, FILED 02/24/2025, IS HELD IN ABEYANCE. PARTIES ARE ATTEMPTING MEDIATION NOTICE ISSUED
  5. MOTION FILED FOR P1 U.S. BANK TRUST NATIONAL ASSOCIATION JOHN ROLLIN TARTER 0095407 JOINT MOTION TO REFER CASE TO MEDIATION
  6. REPLY BRIEF FILED BY DEFENDANT(S) TGIF HOLDINGS, L.L.C.(D1) and THOMAS FISCHER(D2) EDWARD F. HERMAN 0086598 REPLY IN SUPPORT OF MOTION TO JOIN A REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  7. BRIEF IN OPPOSITION FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION JOHN ROLLIN TARTER 0095407 PLAINTIFF'S RESPONSE TO MOTION TO JOINT RCN CAPITAL AS A PARTY IN THE CASE
  8. MOTION FILED FOR DEFENDANT(S) TGIF HOLDINGS, L.L.C.(D1) and THOMAS FISCHER(D2) EDWARD F. HERMAN 0086598 MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  9. GENERAL PLEADING FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION ATTORNEY PAUL M NALEPKA 0040796 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  10. DEFENDANTS THOMAS FISCHER AND TGIF HOLDINGS, L.L.C.'S MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT, FILED 02/26/2025, IS GRANTED. DEFENDANT MAY FILE AN ANSWER ON OR BEFORE 04/03/2025. NOTICE ISSUED
  11. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
  12. 55920432 ON 01/28/2025 I SERVED THE WITHIN NAMED UNKNOWN OCCUPANT OF 4203 HOWLETT AVE, CLEVELAND, OH 44113 BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  13. 55920431 ON 01/29/2025 I SERVED THE WITHIN NAMED FISCHER/THOMAS/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  14. NOTICE OF SUMMONS SERVICE RETURN FILED
  15. NOTICE OF SUMMONS SERVICE RETURN FILED
  16. USPS RECEIPT NO. 55920430 DELIVERED BY USPS 01/31/2025 UNKNOWN OCCUPANT OF 4203 HOWLETT AVE, CLEVELAND, OH 44113 PROCESSED BY COC 02/05/2025.
  17. USPS RECEIPT NO. 55920429 DELIVERED BY USPS 01/30/2025 FISCHER/THOMAS/ PROCESSED BY COC 02/05/2025.
  18. USPS RECEIPT NO. 55920428 DELIVERED BY USPS 02/01/2025 TGIF HOLDINGS, L.L.C. PROCESSED BY COC 02/05/2025.
  19. SUMS COMPLAINT(55920430) SENT BY CERTIFIED MAIL. TO: UNKNOWN OCCUPANT OF 4203 HOWLETT AVE, CLEVELAND, OH 44113 4203 HOWLETT AVE CLEVELAND, OH 44113
  20. SUMS COMPLAINT(55920429) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER A/K/A TOM FISCHER 8701 ANSONIA AVE CLEVELAND, OH 44144
  21. SUMS COMPLAINT(55920428) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, L.L.C. C/O THOMAS FISCHER, R.A. 8701 ANSONIA AVE CLEVELAND, OH 44144
  22. SUMS COMPLAINT(55920431) SENT BY SPECIAL PROCESS SERVER. TO: THOMAS FISCHER A/K/A TOM FISCHER 8701 ANSONIA AVE CLEVELAND, OH 44144
  23. SUMS COMPLAINT(55920432) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN OCCUPANT OF 4203 HOWLETT AVE, CLEVELAND, OH 44113 4203 HOWLETT AVE CLEVELAND, OH 44113
  24. SUMMONS E-FILE COPY COST
  25. SUMMONS E-FILE COPY COST
  26. SUMMONS E-FILE COPY COST
  27. SUMMONS E-FILE COPY COST
  28. SUMMONS E-FILE COPY COST
  29. WRIT FEE
  30. WRIT FEE
  31. WRIT FEE
  32. WRIT FEE
  33. WRIT FEE
  34. 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
  35. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  36. 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
  37. JUDGE EMILY HAGAN ASSIGNED (RANDOM)
  38. SPECIAL PROJECTS FUND FEE
  39. LEGAL RESEARCH
  40. LEGAL NEWS
  41. LEGAL AID
  42. COMPUTER FEE
  43. CLERK'S FEE
  44. DEPOSIT AMOUNT PAID PAUL M NALEPKA
  45. DEPOSIT AMOUNT PAID PAUL M NALEPKA

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