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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 98 entries

Parties

Plaintiff Premier Bank
Defendant Wilson Rodriguez|Unk. Spouse If Any Of Wilson Rodriguez|Zuleika Valquez|Unk. Spouse If Any Of Zuleika Vazquez|Cuyahoga County Treasurer
Photo of Hon. Richard a Bell

Judge

Hon. Richard a Bell

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
  2. CERTIFIED MAIL RECEIPT NO. 58477464 RETURNED 10/27/2025 FAILURE OF SERVICE ON DEFENDANT RODRIGUEZ/WILSON/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  3. CERTIFIED MAIL RECEIPT NO. 58477464 RETURNED 10/27/2025 FAILURE OF SERVICE ON DEFENDANT RODRIGUEZ/WILSON/ - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  4. JUDGMENT DEBTOR NOTICE(58477464) SENT BY CERTIFIED MAIL. TO: WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  5. WRIT FEE
  6. DEPOSIT AMOUNT PAID SHERIFF
  7. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $3,698.45
  8. DEPOSIT AMOUNT PAID SHERIFF
  9. DEPOSIT REQUIRED FOR COSTS TO CLERK $1,310.10 SHERIFF
  10. TO COURT: 10/16/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: SUBURBAN WEST LLC ........................................................................................... FOR $120,600.00 DATE OF SALE 07/21/2025 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  11. REGULAR MAIL SERVICE RECEIPT NO. 58071892 RETURNED 09/16/2025 FAILURE OF SERVICE ON DEFENDANT VALQUEZ/ZULEIKA/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  12. REGULAR MAIL SERVICE RECEIPT NO. 58071893 RETURNED 09/16/2025 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF ZULEIKA VAZQUEZ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  13. REGULAR MAIL SERVICE RECEIPT NO. 58071890 RETURNED 09/16/2025 FAILURE OF SERVICE ON DEFENDANT RODRIGUEZ/WILSON/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  14. REGULAR MAIL SERVICE RECEIPT NO. 58071891 RETURNED 09/16/2025 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF WILSON RODRIGUEZ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  15. JUDGMENT ENTRY(58071893) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF ZULEIKA VAZQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  16. JUDGMENT ENTRY(58071892) SENT BY REGULAR MAIL SERVICE. TO: ZULEIKA VALQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  17. JUDGMENT ENTRY(58071891) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  18. JUDGMENT ENTRY(58071890) SENT BY REGULAR MAIL SERVICE. TO: WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  19. JUDGMENT ENTRY(58071889) SENT BY EMAIL. TO: JOSEPH N. SPANO [email protected]
  20. JUDGMENT ENTRY(58071888) SENT BY EMAIL. TO: ADAM D. JUTTE [email protected]
  21. JUDGMENT ENTRY(58071887) SENT BY EMAIL. TO: JERRY M BRYAN [email protected]
  22. DECREE OF CONFIRMATION (Parcel(s) #01905074) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO SUBURBAN WEST LLC A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  23. PLAINTIFF'S AMENDED MOTION FOR SUPPLEMENTAL DISTRIBUTION FILED ON 8/25/25 IS GRANTED. PLAINTIFF MOVES THE COURT FOR "ADVANCES," WHICH ARE PERMISSIBLE UNDER R.C. 5301.233. THE COURT'S JUDGMENT ENTRY AND DECREE OF FORECLOSURE OF 6/3/25 ALLOWS FOR REIMBURSEMENT TO PLAINTIFF FOR ADVANCES MADE BY IT FOR "REAL ESTATE TAXES, HAZARD INSURANCE PREMIUMS, AND PROPERTY PROTECTION." THE COURT FINDS THAT PLAINTIFF IS ENTITLED TO $5,239.61 FOR ADVANCES MADE. CONSEQUENTLY, THE COURT AMENDS THE ORDER OF DISTRIBUTION IN ITS JUDGMENT ENTRY AND DECREE OF FORECLOSURE OF 6/3/25 AS FOLLOWS: FOURTH: TO THE PLAINTIFF THE SUM OF $5,239.61 FOR ADVANCES MADE. FIFTH: THE BALANCE, IF ANY, TO THE CLERK OF COURTS TO BE HELD PENDING FURTHER ORDER. CONFIRMATION ORDER PER SEPARATE ORDER OF THE COURT. NOTICE ISSUED
  24. MOTION FILED FOR P1 PREMIER BANK JOSEPH N. SPANO 0098381 SUPPLEMENTAL DISTRIBUTION WITH AFFIDAVIT IN SUPPORT
  25. PLAINTIFF'S MOTION FOR SUPPLEMENTAL DISTRIBUTION FILED ON 8/11/25 IS DENIED AT THIS TIME. PLAINTIFF MOVES THE COURT FOR "ADVANCES," WHICH ARE PERMISSIBLE UNDER R.C. 5301.233 AND THE LAW. THE COURT'S JUDGMENT ENTRY AND DECREE OF FORECLOSURE ALLOWS FOR REIMBURSEMENT TO PLAINTIFF FOR ADVANCES MADE BY IT FOR "REAL ESTATE TAXES, HAZARD INSURANCE PREMIUMS, AND PROPERTY PROTECTION." PLAINTIFF'S CURRENT REQUEST IS VAGUE AND/OR CONFUSING OR PLAINTIFF REQUESTS PAYMENT FOR ITEMS NOT CONSIDERED "ADVANCES" UNDER THE LAW. THE BURDEN RESTS SOLELY WITH THE PLAINTIFF TO PROVE ADVANCES. THUS, PLAINTIFF'S MOTION IS DENIED AT THIS TIME. PLAINTIFF HAS LEAVE UNTIL 8/25/25 TO RE-FILE ITS MOTION MAKING SURE TO DO ALL OF THE FOLLOWING: 1. PROPERLY CATEGORIZE EACH REQUESTED ADVANCE SOLELY TO ONE OF THE THREE PERMISSIBLE CATEGORIES: A. TAXES B. HAZARD INSURANCE C. PROPERTY PROTECTION 2. EACH REQUESTED ADVANCE MUST BE CLEARLY DESCRIBED AND INCLUDE AN AMOUNT AND DATE OF PAYMENT. 3. THERE SHOULD BE A SUBTOTAL FOR EACH OF THE ABOVE CATEGORIES AND A GRAND TOTAL FOR ALL CLAIMED ADVANCES. IF PLAINTIFF SEEKS REIMBURSEMENT FOR ANY CHARGES NOT FALLING WITHIN THE THREE ENUMERATED CATEGORIES, IT MUST SEPARATELY IDENTIFY EACH REQUEST AND SUPPORT EACH REQUEST WITH SPECIFIC LEGAL AUTHORITY. BLANKET ASSERTIONS OR UNSUPPORTED REQUESTS WILL NOT BE CONSIDERED. NOTICE ISSUED
  26. MOTION FILED FOR P1 PREMIER BANK JOSEPH N. SPANO 0098381 MOTION FOR SUPPLEMENTAL DISTRIBUTION WITH AFFIDAVIT IN SUPPORT
  27. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $638.15 PREPAID TO LEGAL NEWS.
  28. OOS ORDER OF SALE RETURNED 7/24/2025, SOLD DATE 7/21/2025 SOLD TO: SUBURBAN WEST LLC FOR $120,600.00
  29. RECORDER'S FEE $1.00
  30. CERTIFICATE OF TITLE $591.00 PAY TO PREMIER BANK
  31. NOTICE FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 NOTICE OF SALE
  32. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 07/21/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 07/21/2025 IT WILL BE RE-OFFERED ON 08/04/2025 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: JOHN J. LYNCH, APPRAISAL COST: $52.36 REGULAR FEE AND MILEAGE. VERNON A. BLAZE, APPRAISAL COST: $50 REGULAR FEE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-25-112542 DATED THIS 17th DAY OF JUNE, 2025 NOTICE ISSUED NOTICE ISSUED
  33. OOS LAND APPRAISAL FILED
  34. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 019-05-074
  35. REAL AUCTION
  36. DEPOSIT AMOUNT PAID JOSEPH N. SPANO
  37. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  38. REGULAR MAIL SERVICE RECEIPT NO. 57155029 RETURNED 06/11/2025 FAILURE OF SERVICE ON DEFENDANT VALQUEZ/ZULEIKA/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  39. JUDGMENT ENTRY(57155030) SENT BY REGULAR MAIL SERVICE. TO: WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  40. JUDGMENT ENTRY(57155029) SENT BY REGULAR MAIL SERVICE. TO: ZULEIKA VALQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  41. JUDGMENT ENTRY(57155028) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  42. JUDGMENT ENTRY(57155027) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF ZULEIKA VAZQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  43. JUDGMENT ENTRY(57155026) SENT BY EMAIL. TO: JOSEPH N. SPANO [email protected]
  44. JUDGMENT ENTRY(57155025) SENT BY EMAIL. TO: ADAM D. JUTTE [email protected]
  45. JUDGMENT ENTRY(57155024) SENT BY EMAIL. TO: JERRY M BRYAN [email protected]
  46. THE COURT ADOPTS THE ATTACHED MAGISTRATE'S DECISION. DECREE OF FORECLOSURE. FINAL. OSJ. NOTICE ISSUED
  47. REGULAR MAIL SERVICE RECEIPT NO. 56976121 RETURNED 05/23/2025 FAILURE OF SERVICE ON DEFENDANT VALQUEZ/ZULEIKA/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  48. MAGISTRATE'S DECISION(56976122) SENT BY REGULAR MAIL SERVICE. TO: WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  49. MAGISTRATE'S DECISION(56976121) SENT BY REGULAR MAIL SERVICE. TO: ZULEIKA VALQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  50. MAGISTRATE'S DECISION(56976120) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  51. MAGISTRATE'S DECISION(56976119) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF ZULEIKA VAZQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  52. MAGISTRATE'S DECISION(56976118) SENT BY EMAIL. TO: JOSEPH N. SPANO [email protected]
  53. MAGISTRATE'S DECISION(56976117) SENT BY EMAIL. TO: ADAM D. JUTTE [email protected]
  54. MAGISTRATE'S DECISION(56976116) SENT BY EMAIL. TO: JERRY M BRYAN [email protected]
  55. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  56. CASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. ALL OTHERS ABSENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 4/16/25 IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  57. NOTICE FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  58. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/08/2025 AT 11:15AM BEFORE MAGISTRATE JOHN T DYKE, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  59. COUNSEL FOR PLAINTIFF HAS "FILED" A PROPOSED MAGISTRATE'S DECISION AND "SUBMITTED" A PROPOSED ADOPTION TO THE COURT. PLAINTIFF MUST NOW "SUBMIT" A PROPOSED MAGISTRATE'S DECISION TO THE COURT FOR ITS REVIEW. PLAINTIFF HAS UNTIL 4/23/25 TO DO SO. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO COMPLY. NOTICE ISSUED
  60. NOTICE FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 NOTICE OF FILING MAGISTRATE'S DECISION
  61. NOTICE FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 NOTICE OF FILING
  62. AFFIDAVIT FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 AFFIDAVIT OF MILITARY STATUS
  63. AFFIDAVIT FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 AFFIDAVIT OF JOSEPH SPANO, ESQ.
  64. AFFIDAVIT FILED BY P1 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 AFFIDAVIT OF DAMAGES
  65. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  66. ANSWER FILED BY D5 CUYAHOGA COUNTY TREASURER ATTORNEY ADAM D. JUTTE 0081671 CUYAHOGA COUNTY TREASURER
  67. USPS RECEIPT NO. 56209315 DELIVERED BY USPS 03/01/2025 UNK. SPOUSE IF ANY OF ZULEIKA VAZQUEZ PROCESSED BY COC 03/05/2025.
  68. USPS RECEIPT NO. 56209314 DELIVERED BY USPS 03/01/2025 VALQUEZ/ZULEIKA/ PROCESSED BY COC 03/05/2025.
  69. USPS RECEIPT NO. 56209313 DELIVERED BY USPS 03/01/2025 UNK. SPOUSE IF ANY OF WILSON RODRIGUEZ PROCESSED BY COC 03/05/2025.
  70. USPS RECEIPT NO. 56209312 DELIVERED BY USPS 03/01/2025 RODRIGUEZ/WILSON/ PROCESSED BY COC 03/05/2025.
  71. SUMS COMPLAINT(56209315) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF ZULEIKA VAZQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  72. SUMS COMPLAINT(56209314) SENT BY CERTIFIED MAIL. TO: ZULEIKA VALQUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  73. SUMS COMPLAINT(56209313) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  74. SUMS COMPLAINT(56209312) SENT BY CERTIFIED MAIL. TO: WILSON RODRIGUEZ 3737 CRESS ROAD CLEVELAND, OH 44111
  75. SUMS COMPLAINT(56209316) SENT BY CLERK ISSUED VIA HAND DELIVERY. TO: CUYAHOGA COUNTY TREASURER 2079 EAST NINTH STREET CLEVELAND, OH 44115
  76. SUMMONS E-FILE COPY COST
  77. SUMMONS E-FILE COPY COST
  78. SUMMONS E-FILE COPY COST
  79. WRIT FEE
  80. WRIT FEE
  81. WRIT FEE
  82. SUMMONS E-FILE COPY COST
  83. SUMMONS E-FILE COPY COST
  84. WRIT FEE
  85. WRIT FEE
  86. 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
  87. MAGISTRATE JOHN T DYKE ASSIGNED (RANDOM)
  88. 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
  89. FIELD SERVICE REPRESENTATIVE OR OTHER CONTACT: NAME Michael Gahagan NUMBER 330-742-9684
  90. JUDGE RICHARD A BELL ASSIGNED (RANDOM)
  91. SPECIAL PROJECTS FUND FEE
  92. LEGAL RESEARCH
  93. LEGAL NEWS
  94. LEGAL AID
  95. COMPUTER FEE
  96. CLERK'S FEE
  97. DEPOSIT AMOUNT PAID JOSEPH N. SPANO
  98. DEPOSIT AMOUNT PAID JOSEPH N. SPANO

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