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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-24
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 52 entries

Parties

Plaintiff Wilmington Savings Fund Society, Fsb Not In Its Individual Capacity, But Solely As Trustee For Ibis Holdings A Trust
Defendant Tgif Holdings, Llc|Thomas Fischer|Rcn Capital
Photo of Hon. NANCY A FUERST

Judge

Hon. NANCY A FUERST

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. AS THE PARTIES HAVE FILED A JOINT MOTION TO REFER THE CASE TO MEDIATION THAT IS NOT YET RIPE, THE 07/01/2025 DEADLINE FOR PLAINTIFF TO FILE AN AMENDED COMPLAINT IS CANCELED. IF THE CASE IS REFERRED TO MEDIATION OR THE MOTION IS DENIED, THE COURT WILL SCHEDULE A NEW DEADLINE FOR FILING THE AMENDED COMPLAINT. NOTICE ISSUED
  3. MOTION FILED FOR DEFENDANT(S) TGIF HOLDINGS, LLC(D1) and THOMAS FISCHER(D2) EDWARD F. HERMAN 0086598 JOINT MOTION TO REFER CASE TO MEDIATION
  4. DEFENDANT'S MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION, FILED 04/30/2025, IS GRANTED. PLAINTIFF SEEKS TO ENFORCE A GUARANTY AND A SECURITY AGREEMENT GRANTED TO RCN CAPITAL. THESE INSTRUMENTS HAVE NOT BEEN ASSIGNED TO PLAINTIFF. ACCORDINGLY, RCN IS A NECESSARY PARTY AS A HOLDER OF AN INTEREST IN THE PROPERTY, NAMELY THE SECURITY AGREEMENTS. DEFENDANT'S MOTION TO JOIN A PARTY IS GRANTED. PLAINTIFF HAS UNTIL 07/01/2025 TO FILE AN AMENDED COMPLAINT TO JOIN RCN CAPITAL AS A DEFENDANT HEREIN. NOTICE ISSUED
  5. MOTION FILED FOR D2 THOMAS FISCHER EDWARD F. HERMAN 0086598 MOTION TO JOIN A REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  6. USPS RECEIPT NO. 56928362 DELIVERED BY USPS 05/14/2025 FISCHER/THOMAS/ PROCESSED BY COC 05/21/2025.
  7. REPLY BRIEF FILED BY D1 TGIF HOLDINGS, LLC EDWARD F. HERMAN 0086598 REPLY IN SUPPORT OF MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  8. BRIEF IN OPPOSITION FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB MICHAEL L WIERY 0068898 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT TGIF HOLDINGS, LLC'S MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  9. SUMS COMPLAINT(56928362) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER 8701 ANSONIA AVE. CLEVELAND, OH 44144-0000
  10. SUMMONS E-FILE COPY COST
  11. WRIT FEE
  12. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL SERVICE
  13. CERTIFIED MAIL RECEIPT NO. 56697528 RETURNED 04/22/2025 FAILURE OF SERVICE ON DEFENDANT FISCHER/THOMAS/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  14. MOTION FILED FOR D1 TGIF HOLDINGS, LLC EDWARD F. HERMAN 0086598 MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  15. CERTIFIED MAIL NUMBER 56219290 ADDRESSED TO THOMAS FISCHER(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  16. CERTIFIED MAIL RECEIPT NO. 56697528 RETURNED 4/22/2025 FAILURE OF SERVICE ON DEFENDANT FISCHER/THOMAS/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  17. DEFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT, FILED 03/31/2025, IS GRANTED. TGIF HOLDINGS, LLC HAS 30 DAYS FROM THE DATE OF THIS ORDER TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  18. SUMS COMPLAINT(56697528) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER 9800 DETROIT AVENUE, SUITE 1 CLEVELAND, OH 44102-0000
  19. SUMMONS E-FILE COPY COST
  20. WRIT FEE
  21. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL SERVICE
  22. CERTIFIED MAIL RECEIPT NO. 56219291 RETURNED 03/17/2025 FAILURE OF SERVICE ON DEFENDANT FISCHER/THOMAS/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  23. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT
  24. CERTIFIED MAIL RECEIPT NO. 56219289 RETURNED 03/05/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS, LLC - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  25. CERTIFIED MAIL RECEIPT NO. 56219288 RETURNED 03/21/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS, LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  26. CERTIFIED MAIL RECEIPT NO. 56219288 RETURNED 3/21/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS, LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  27. CERTIFIED MAIL RECEIPT NO. 56219291 RETURNED 3/17/2025 FAILURE OF SERVICE ON DEFENDANT FISCHER/THOMAS/ - NO SUCH NUMBER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. USPS RECEIPT NO. 56219289 DELIVERED BY USPS 03/01/2025 TGIF HOLDINGS, LLC PROCESSED BY COC 03/05/2025.
  29. SUMS COMPLAINT(56219291) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER 3181 WEST 38TH STREET CLEVELAND, OH 44109
  30. SUMS COMPLAINT(56219290) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER C/O THOMAS FISCHER 8701 ANSONIA AVE. CLEVELAND, OH 44144-0000
  31. SUMS COMPLAINT(56219289) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, LLC C/O THOMAS FISCHER 9800 DETROIT AVE. SUITE 1 CLEVELAND, OH 44102-0000
  32. SUMS COMPLAINT(56219288) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, LLC 3181 WEST 38TH STREET CLEVELAND, OH 44109
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. WRIT FEE
  39. WRIT FEE
  40. WRIT FEE
  41. 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
  42. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  43. 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
  44. JUDGE NANCY A FUERST ASSIGNED (RANDOM)
  45. SPECIAL PROJECTS FUND FEE
  46. LEGAL RESEARCH
  47. LEGAL NEWS
  48. LEGAL AID
  49. COMPUTER FEE
  50. CLERK'S FEE
  51. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  52. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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