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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 68 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 G. Fischer|General Remodeling & Repair Company, Llc|James Berger|Chad Carroll
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
  2. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. THE JOINT MOTION TO REFER CASE TO MEDIATION IS GRANTED. NOTICE ISSUED
  3. CERTIFIED MAIL RECEIPT NO. 56216911 RETURNED 03/17/2025 FAILURE OF SERVICE ON DEFENDANT GENERAL REMODELING & REPAIR COMPANY, LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  4. MOTION FILED FOR DEFENDANT(S) TGIF HOLDINGS LLC(D1) and THOMAS G. FISCHER(D2) EDWARD F. HERMAN 0086598 JOINT MOTION TO REFER CASE TO MEDIATION
  5. REPLY BRIEF FILED BY DEFENDANT(S) TGIF HOLDINGS LLC(D1) and THOMAS G. FISCHER(D2) EDWARD F. HERMAN 0086598 REPLY IN SUPPORT OF MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  6. CERTIFIED MAIL RECEIPT NO. 56216908 RETURNED 03/05/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS LLC - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  7. BRIEF IN OPPOSITION FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB MICHAEL L WIERY 0068898 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  8. CERTIFIED MAIL RECEIPT NO. 56216912 RETURNED 04/16/2025 FAILURE OF SERVICE ON DEFENDANT BERGER/JAMES/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  9. LEGAL NEWS ABSTRACT
  10. PROOF OF PUBLICATION FILED - LEGAL NEWS FEE (589.35) $250.00
  11. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $339.35
  12. MOTION FILED FOR D1 TGIF HOLDINGS LLC EDWARD F. HERMAN 0086598 MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  13. CERTIFIED MAIL NUMBER 56216914 ADDRESSED TO CHAD CARROLL(D5) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  14. CERTIFIED MAIL NUMBER 56216913 ADDRESSED TO JAMES BERGER(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  15. CERTIFIED MAIL NUMBER 56216910 ADDRESSED TO THOMAS G. FISCHER(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  16. CERTIFIED MAIL RECEIPT NO. 56216907 RETURNED 03/05/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  17. CERTIFIED MAIL RECEIPT NO. 56216912 RETURNED 4/16/2025 FAILURE OF SERVICE ON DEFENDANT BERGER/JAMES/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  18. DEFENDANT TGIF HOLDINGS, L.L.C. MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT, FILED 03/31/2025, IS GRANTED. SAID DEFENDANT MAY FILE AN ANSWER ON OR BEFORE 05/02/2025. NOTICE ISSUED
  19. DEPOSIT AMOUNT PAID DONALD BRETT BRYSON
  20. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  21. CERTIFIED MAIL RECEIPT NO. 56477653 RETURNED 4/7/2025 FAILURE OF SERVICE ON DEFENDANT GENERAL REMODELING & REPAIR COMPANY, LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  22. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
  23. SUMS COMPLAINT(56477653) SENT BY CERTIFIED MAIL. TO: GENERAL REMODELING & REPAIR COMPANY, LLC C/O JOSE RAMIREZ, S/A 2151 WEST 81 STREET CLEVELAND, OH 44102
  24. SUMMONS E-FILE COPY COST
  25. WRIT FEE
  26. REQUEST FOR SERVICE FILED REQUEST FOR REISSUE OF CERTIFIED MAIL SERVICE
  27. CERTIFIED MAIL RECEIPT NO. 56216911 RETURNED 3/17/2025 FAILURE OF SERVICE ON DEFENDANT GENERAL REMODELING & REPAIR COMPANY, LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. ANSWER OF JAMES BERGER . PRO SE (9999999)
  29. ANSWER OF CHAD CARROLL . PRO SE (9999999)
  30. USPS RECEIPT NO. 56216909 DELIVERED BY USPS 03/01/2025 FISCHER/THOMAS/G. PROCESSED BY COC 03/05/2025.
  31. USPS RECEIPT NO. 56216908 DELIVERED BY USPS 03/01/2025 TGIF HOLDINGS LLC PROCESSED BY COC 03/05/2025.
  32. USPS RECEIPT NO. 56216907 DELIVERED BY USPS 03/01/2025 TGIF HOLDINGS LLC PROCESSED BY COC 03/05/2025.
  33. SUMS COMPLAINT(56216914) SENT BY CERTIFIED MAIL. TO: CHAD CARROLL 3300 NORTHEAST 165TH STREET NORTH MIAMI BEACH, FL 33160
  34. SUMS COMPLAINT(56216913) SENT BY CERTIFIED MAIL. TO: JAMES BERGER 511 SAN MARCO DRIVE FORT LAUDERDALE, FL 33301-0000
  35. SUMS COMPLAINT(56216912) SENT BY CERTIFIED MAIL. TO: JAMES BERGER 10616 GLEN FOREST TRAIL BRECKSVILLE, OH 44141
  36. SUMS COMPLAINT(56216911) SENT BY CERTIFIED MAIL. TO: GENERAL REMODELING & REPAIR COMPANY, LLC C/O JOSE RAMIREZ, S/A 2151 WEST 81 STREET CLEVELAND, OH 44102
  37. SUMS COMPLAINT(56216910) SENT BY CERTIFIED MAIL. TO: THOMAS G. FISCHER 8701 ANSONIA AVENUE CLEVELAND, OH 44144-0000
  38. SUMS COMPLAINT(56216909) SENT BY CERTIFIED MAIL. TO: THOMAS G. FISCHER 3209 WEST 46TH STREET CLEVELAND, OH 44102
  39. SUMS COMPLAINT(56216908) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS LLC C/O TOM FISCHER, STAT. AGNT 9800 DETROIT AVENUE, SUITE 1 CLEVELAND, OH 44102-0000
  40. SUMS COMPLAINT(56216907) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS LLC 3209 WEST 46TH STREET CLEVELAND, OH 44102
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. WRIT FEE
  48. WRIT FEE
  49. WRIT FEE
  50. WRIT FEE
  51. SUMMONS E-FILE COPY COST
  52. SUMMONS E-FILE COPY COST
  53. SUMMONS E-FILE COPY COST
  54. WRIT FEE
  55. WRIT FEE
  56. WRIT FEE
  57. 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
  58. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  59. 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
  60. JUDGE EMILY HAGAN ASSIGNED (RANDOM)
  61. SPECIAL PROJECTS FUND FEE
  62. LEGAL RESEARCH
  63. LEGAL NEWS
  64. LEGAL AID
  65. COMPUTER FEE
  66. CLERK'S FEE
  67. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  68. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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