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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 78 entries

Parties

Plaintiff Fifth Third Bank, National Association
Defendant Damon L Worley|Kenyatta Monique Worley|Jane Doe, Name Unknown, The Unknown Spouse Of Damon L. Worley (if Any)|The United States Of America, The Secretary Of Housing And Urban Development
Photo of Hon. STEVEN E GALL

Judge

Hon. STEVEN E GALL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. JUDGMENT ENTRY(57376924) SENT BY REGULAR MAIL SERVICE. TO: KENYATTA MONIQUE WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  3. JUDGMENT ENTRY(57376923) SENT BY REGULAR MAIL SERVICE. TO: DAMON L WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  4. JUDGMENT ENTRY(57376922) SENT BY EMAIL. TO: KAREN E. SWANSON HAAN [email protected]
  5. JUDGMENT ENTRY(57376921) SENT BY EMAIL. TO: KAREN E. SWANSON HAAN [email protected]
  6. JUDGMENT ENTRY(57376920) SENT BY EMAIL. TO: KAREN E. SWANSON HAAN [email protected]
  7. JUDGMENT ENTRY(57376919) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  8. JUDGMENT ENTRY(57376918) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  9. PLAINTIFF'S MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2), FILED 06/09/2025, IS GRANTED. CASE DISMISSED, WITHOUT PREJUDICE. COURT COSTS 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
  10. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2)
  11. ANSWER FILED BY D4 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN ATTORNEY KAREN E. SWANSON HAAN 0082518 ANSWER OF THE UNITED STATES OF AMERICA
  12. CERTIFIED MAIL RECEIPT NO. 55920669 RETURNED 02/14/2025 FAILURE OF SERVICE ON DEFENDANT WORLEY/KENYATTA/MONIQUE - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  13. CERTIFIED MAIL RECEIPT NO. 55920670 RETURNED 2/14/2025 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF DAMON L. WORLEY (IF ANY) - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  14. CERTIFIED MAIL RECEIPT NO. 55920669 RETURNED 2/14/2025 FAILURE OF SERVICE ON DEFENDANT WORLEY/KENYATTA/MONIQUE - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  15. CERTIFIED MAIL RECEIPT NO. 55920668 RETURNED 2/14/2025 FAILURE OF SERVICE ON DEFENDANT WORLEY/DAMON/L - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  16. USPS RECEIPT NO. 55912756 DELIVERED BY USPS 02/03/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/12/2025.
  17. USPS RECEIPT NO. 55920671 DELIVERED BY USPS 01/30/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/05/2025.
  18. USPS RECEIPT NO. 55912755 DELIVERED BY USPS 01/27/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/05/2025.
  19. USPS RECEIPT NO. 55912754 DELIVERED BY USPS 01/30/2025 JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF DAMON L. WORLEY (IF ANY) PROCESSED BY COC 02/05/2025.
  20. USPS RECEIPT NO. 55912753 DELIVERED BY USPS 01/30/2025 WORLEY/KENYATTA/MONIQUE PROCESSED BY COC 02/05/2025.
  21. USPS RECEIPT NO. 55912752 DELIVERED BY USPS 01/30/2025 WORLEY/DAMON/L PROCESSED BY COC 02/05/2025.
  22. 55914724 ON 01/25/2025 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF DAMON L. WORLEY (IF ANY) BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  23. 55914722 ON 01/25/2025 I SERVED THE WITHIN NAMED WORLEY/DAMON/L BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  24. 55914723 ON 01/25/2025 I SERVED THE WITHIN NAMED WORLEY/KENYATTA/MONIQUE BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  26. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  27. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  28. SUMS COMPLAINT(55920671) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  29. SUMS COMPLAINT(55920670) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF DAMON L. WORLEY (IF ANY) 3070 ALBION ROAD CLEVELAND, OH 44120
  30. SUMS COMPLAINT(55920669) SENT BY CERTIFIED MAIL. TO: KENYATTA MONIQUE WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  31. SUMS COMPLAINT(55920668) SENT BY CERTIFIED MAIL. TO: DAMON L WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  32. SUMMONS E-FILE COPY COST
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. WRIT FEE
  36. WRIT FEE
  37. WRIT FEE
  38. SUMMONS E-FILE COPY COST
  39. WRIT FEE
  40. SUMS COMPLAINT(55912756) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O U.S. ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530-0000
  41. SUMS COMPLAINT(55912755) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O US ATTY FOR THE N. DISTRICT 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113-0000
  42. SUMS COMPLAINT(55912754) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF DAMON L. WORLEY (IF ANY) 3070 ALBION ROAD CLEVELAND, OH 44120
  43. SUMS COMPLAINT(55912753) SENT BY CERTIFIED MAIL. TO: KENYATTA MONIQUE WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  44. SUMS COMPLAINT(55912752) SENT BY CERTIFIED MAIL. TO: DAMON L WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  45. SUMS COMPLAINT(55914724) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF DAMON L. WORLEY (IF ANY) 3070 ALBION ROAD CLEVELAND, OH 44120
  46. SUMS COMPLAINT(55914723) SENT BY SPECIAL PROCESS SERVER. TO: KENYATTA MONIQUE WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  47. SUMS COMPLAINT(55914722) SENT BY SPECIAL PROCESS SERVER. TO: DAMON L WORLEY 3070 ALBION ROAD CLEVELAND, OH 44120
  48. SUMMONS E-FILE COPY COST
  49. WRIT FEE
  50. SUMMONS E-FILE COPY COST
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  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. SUMMONS E-FILE COPY COST
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. WRIT FEE
  64. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  65. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  66. 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
  67. MAGISTRATE JIM L JACKSON ASSIGNED (RANDOM)
  68. 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
  69. JUDGE CASSANDRA COLLIER-WILLIAMS ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE STEVEN E GALL
  70. JUDGE CASSANDRA COLLIER-WILLIAMS 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 ANN M JOHNSON
  78. DEPOSIT AMOUNT PAID ANN M JOHNSON

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