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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-25
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 67 entries

Parties

Plaintiff Wilmington Savings Fund Society Fsb, Not In Its Individual Capacity But Solely As Trustee For Ibis Holdings A Trust C/o Fay Servicing, Llc ('fay')
Defendant Tgif Holdings, L.l.c. C/o Thomas Fischer Aka Tom Fischer, R.a.|Thomas Fischer|Unknown Occupants Of 3162 W 43 Rd St, Cleveland, Oh 44109|Rcn Capital, Llc C/o Northwest Registered Agent Servcie, Inc. R.a.
Photo of Hon. HOLLIE L GALLAGHER

Judge

Hon. HOLLIE L GALLAGHER

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. PLAINTIFF'S MOTION TO STAY RULING ON ITS PENDING MOTION TO SET ASIDE THE MAGISTRATE'S ORDER DATED MAY 22, 2025, IS GRANTED. PLAINTIFF'S MOTION TO SET ASIDE THE MAGISTRATE'S ORDER WILL BE HELD IN ABEYANCE PENDING THE OUTCOME OF THE PARTIES' SETTLEMENT EFFORTS. NOTICE ISSUED
  3. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY JOHN ROLLIN TARTER 0095407 JOINT MOTION TO REFER THE CASE TO MEDIATION
  4. ANSWER FILED BY DEFENDANT(S) TGIF HOLDINGS, L.L.C.(D1) and THOMAS FISCHER(D2) ATTORNEY EDWARD F. HERMAN 0086598 ANSWER OF DEFENDANTS THOMAS FISCHER AND TGIF HOLDINGS, L.L.C., TO AMENDED COMPLAINT
  5. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY JOHN ROLLIN TARTER 0095407 PLAINTIFF'S MOTION TO STAY RULING ON ITS PENDING MOTION TO SET ASIDE THE MAGISTRATE'S ORDER DATED MAY 22, 2025
  6. USPS RECEIPT NO. 57140215 DELIVERED BY USPS 06/05/2025 RCN CAPITAL, LLC PROCESSED BY COC 06/11/2025.
  7. A REVIEW OF THE DOCKET REVEALS THAT SUBSEQUENT TO THE FILING OF ITS MOTION TO SET ASIDE MAGISTRATE'S ORDER ON 5/23/25, PLAINTIFF FILED AN AMENDED PLEADING THAT COMPLIES WITH THE COURT'S ORDER TO JOIN RCN CAPITAL, LLC AS A CASE PARTY. AS THE CIRCUMSTANCES DETAILED IN PLAINTIFF'S MOTION HAVE CHANGED SINCE THE FILING OF THE MOTION, PLAINTIFF'S MOTION TO SET ASIDE MAGISTRATE'S ORDER, FILED 5/23/25, WILL BE HELD IN ABEYANCE. WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, PLAINTIFF MUST SUBMIT EITHER A NOTICE OF WITHDRAWAL OF ITS MOTION TO SET ASIDE MAGISTRATE'S ORDER OR ANY OTHER MOTIONS NECESSARY TO ADDRESS ANY CHANGED CIRCUMSTANCES IN THIS CASE. ANY ITEMS REQUIRED BY THIS ORDER MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  8. SUMS AMENDED COMPLNT(57140215) SENT BY CERTIFIED MAIL. TO: RCN CAPITAL, LLC 6545 MARKET AVE. N NORTH STE. 100 NORTH CANTON, OH 44721-0000
  9. SUMMONS E-FILE COPY COST
  10. WRIT FEE
  11. REQUEST FOR SERVICE FILED REQUEST FOR CM SERVICE ON NEW PARTY
  12. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED AN AMENDED COMPLAINT ON 5/29/25, AND SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  13. DEPOSIT AMOUNT PAID JOHN ROLLIN TARTER
  14. AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR FORECLOSURE
  15. AS THE 5/22/25 ORDER GRANTING DEFENDANT TGIF HOLDINGS, L.L.C.'S MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION WAS ENTERED AS A MAGISTRATE'S ORDER, PLAINTIFF'S OBJECTION TO THE MAGISTRATE'S ORDER, FILED 5/23/25, IS DEEMED A MOTION TO SET ASIDE MAGISTRATE'S ORDER, PURSUANT TO CIV.R. 53(D)(2)(B), AND WILL BE TREATED ACCORDINGLY. NOTICE ISSUED
  16. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) TGIF HOLDINGS, L.L.C.(D1) and THOMAS FISCHER(D2) EDWARD F. HERMAN 0086598 BRIEF IN OPPOSITION TO PLAINTIFF'S OBJECTION TO MAGISTRATE'S ORDER
  17. OBJECTION FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY ATTORNEY JOHN ROLLIN TARTER 0095407 PLAINTIFF'S OBJECTION TO MAGISTRATE'S ORDER TO JOIN RCN CAPITAL, LLC AS A PARTY IN THE CASE AND MOTION
  18. AFTER REVIEWING DEFENDANT TGIF HOLDINGS, LLC'S MOTION TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION, PLAINTIFF'S RESPONSE IN OPPOSITION TO THE MOTION, AND THE CASE RECORD, THE DEFENDANT'S MOTION IS GRANTED. ACCORDINGLY, THE MAGISTRATE MAKES THE FOLLOWING FINDINGS: (COMMERCIAL LOAN AGREEMENT) WHILE PLAINTIFF ASSERTS THAT IT IS NOT "ENFORCING" THE COMMERCIAL LOAN AGREEMENT AND SHOULD NOT, THEREFORE, BE REQUIRED TO JOIN RCN CAPITAL LLC (ONE OF THE PARTIES TO THE AGREEMENT), PARAGRAPH 1 OF THE PROMISSORY NOTE ON WHICH PLAINTIFF IS PROCEEDING STATES THAT DEFENDANT TGIF HOLDINGS, LLC'S OBLIGATION TO PAY UNDER THE INSTRUMENT IS "SUBJECT TO THE TERMS AND CONDITIONS OF A CERTAIN COMMERCIAL LOAN AGREEMENT EXECUTED BY [TGIF HOLDINGS, LLC] AND [RCN CAPITAL, LLC]"; THE TERMS OF PLAINTIFF'S PROMISSORY NOTE APPEAR TO INCORPORATE THE COMMERCIAL LOAN AGREEMENT. FURTHER, THE FIRST PARAGRAPH OF PLAINTIFF'S COMPLAINT REFERENCES THE COMMERCIAL LOAN AGREEMENT AND DESCRIBES IT AS "PROVID[ING] FOR THE EXECUTION OF A NOTE"; PLAINTIFF'S PLEADING APPEARS TO RECOGNIZE THE COMMERCIAL LOAN AGREEMENT'S IMPORTANCE AND INTERCONNECTEDNESS WITH ITS OTHER LOAN DOCUMENTS. THE MAGISTRATE ALSO FINDS THAT THE RECORD LACKS AN ASSIGNMENT OF THE COMMERCIAL LOAN AGREEMENT TO PLAINTIFF. (PERSONAL GUARANTY) IN ITS RESPONSE IN OPPOSITION, PLAINTIFF ASSERTS THAT DEFENDANT THOMAS FISCHER "EXECUTED AND DELIVERED TO PLAINTIFF A GUARANTY", IN WHICH HE PERSONALLY GUARANTEED PAYMENT OF THE OBLIGATION MADE BY DEFENDANT TGIF HOLDINGS, LLC. A REVIEW OF THE GUARANTY, ATTACHED AS EXHIBIT C TO THE COMPLAINT, HOWEVER, REVEALS THAT IT IS AN AGREEMENT BETWEEN DEFENDANT THOMAS FISCHER AND RCN CAPITAL, LLC. A REVIEW OF THE CASE RECORD FAILS TO REVEAL ANY ASSIGNMENTS OF THE PERSONAL GUARANTY FROM RCN CAPITAL, LLC TO PLAINTIFF. BASED ON THE FOREGOING FINDINGS, PLAINTIFF IS GRANTED LEAVE OF FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO SUBMIT AN AMENDED PLEADING THAT JOINS ALL ADDITIONAL PARTIES NECESSARY FOR THE COMPLETE ADJUDICATION OF THE CLAIMS IN THIS CASE. THE AMENDED PLEADING MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  19. CERTIFIED MAIL NUMBER 56230890 ADDRESSED TO TGIF HOLDINGS, L.L.C.(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  20. BRIEF FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY JOHN ROLLIN TARTER 0095407 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S SECOND MOTION TO JOIN RCN CAPITAL, LLCAS A PARTY IN THECASE
  21. MOTION FILED FOR D1 TGIF HOLDINGS, L.L.C. EDWARD F. HERMAN 0086598 MOTION OF DEFENDANT TGIF HOLDINGS, L.L.C., TO JOIN REAL PARTY IN INTEREST NEEDED FOR A JUST ADJUDICATION
  22. CERTIFIED MAIL NUMBER 56230892 ADDRESSED TO THOMAS FISCHER(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  23. ANSWER FILED BY D2 THOMAS FISCHER ATTORNEY EDWARD F. HERMAN 0086598 DEFENDANT THOMAS FISCHER'S ANSWER TO COMPLAINT
  24. USPS RECEIPT NO. 56571300 DELIVERED BY USPS 04/07/2025 TGIF HOLDINGS, L.L.C. PROCESSED BY COC 04/16/2025.
  25. AFTER REVIEWING DEFENDANT THOMAS FISCHER'S MOTION TO JOIN MORTGAGEE IDENTIFIED IN THE PRELIMINARY JUDICIAL REPORT, PLAINTIFF'S RESPONSE IN OPPOSITION TO THE MOTION, AND THE CASE RECORD, THE DEFENDANT'S MOTION TO JOIN MORTGAGEE IS DENIED. THE ENTITY THAT THE DEFENDANT ASSERTS MUST BE JOINED AS A PARTY TO THESE PROCEEDINGS ASSIGNED ITS INTEREST IN THE MORTGAGE TO PLAINTIFF VIA AN ASSIGNMENT OF MORTGAGE EXECUTED ON 11/15/24, AND RECORDED ON 12/16/24, AS EVIDENCED BY THE COPY OF THE MORTGAGE ASSIGNMENT ATTACHED TO THE COMPLAINT AS EXHIBIT E. WHILE THE MORTGAGE ASSIGNMENT DID NOT APPEAR IN THE PRELIMINARY JUDICIAL REPORT, THE RECORD CONTAINS SUFFICIENT EVIDENCE THAT THE ENTITY THE DEFENDANT SEEKS TO HAVE JOINED TO THESE PROCEEDINGS NO LONGER HOLDS ANY INTEREST IN THE MORTGAGE AT ISSUE. FURTHER, PLAINTIFF FILED A SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT ON 4/8/25, THAT REFERENCES THE RECORDING OF THE MORTGAGE ASSIGNMENT TO PLAINTIFF. AS THE CASE RECORD OFFERS SUFFICIENT EVIDENCE THAT PLAINTIFF IS THE CORRECT HOLDER OF THE MORTGAGE, THE DEFENDANT'S MOTION TO JOIN MORTGAGEE IDENTIFIED IN THE PRELIMINARY JUDICIAL REPORT IS DENIED. NOTICE ISSUED
  26. GENERAL PLEADING FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY ATTORNEY PAUL M NALEPKA 0040796 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  27. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY JOHN ROLLIN TARTER 0095407 PLAINTIFF'S RESPONSE MOTION TO JOIN RCN CAPITAL, LLC AS A PARTY IN THE CASE
  28. MOTION FILED FOR D2 THOMAS FISCHER EDWARD F. HERMAN 0086598 DEFENDANT THOMAS FISCHER'S MOTION TO JOIN MORTGAGEE IDENTIFIED IN THE PRELIMINARY JUDICIAL REPORT
  29. SUMS COMPLAINT(56571300) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, L.L.C. 8701 ANSONIA AVE. CLEVELAND, OH 44144-0000
  30. SUMMONS E-FILE COPY COST
  31. WRIT FEE
  32. REQUEST FOR SERVICE FILED WRITTEN REQUEST FOR SERVICE OF SUMMONS AND COMPLAINT
  33. CERTIFIED MAIL RECEIPT NO. 56230891 RETURNED 03/03/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS, L.L.C. - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  34. 56230888 ON 03/07/2025 I SERVED THE WITHIN NAMED FISCHER/THOMAS/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  35. NOTICE OF SUMMONS SERVICE RETURN FILED
  36. USPS RECEIPT NO. 56230893 DELIVERED BY USPS 03/06/2025 UNKNOWN OCCUPANTS OF 3162 W 43RD ST, CLEVELAND, OH 44109 PROCESSED BY COC 03/12/2025.
  37. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 2/25/25, AND SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  38. CERTIFIED MAIL RECEIPT NO. 56230891 RETURNED 3/3/2025 FAILURE OF SERVICE ON DEFENDANT TGIF HOLDINGS, L.L.C. - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  39. SUMS COMPLAINT(56230893) SENT BY CERTIFIED MAIL. TO: UNKNOWN OCCUPANTS OF 3162 W 43RD ST, CLEVELAND, OH 44109 3162 W 43RD ST CLEVELAND, OH 44109
  40. SUMS COMPLAINT(56230892) SENT BY CERTIFIED MAIL. TO: THOMAS FISCHER 8701 ANSONIA AVE CLEVELAND, OH 44144
  41. SUMS COMPLAINT(56230891) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, L.L.C. 9800 DETROIT AVE STE 1 CLEVELAND, OH 44102
  42. SUMS COMPLAINT(56230890) SENT BY CERTIFIED MAIL. TO: TGIF HOLDINGS, L.L.C. 8701 ANSONIA AVE. CLEVELAND, OH 44144-0000
  43. SUMS COMPLAINT(56230889) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN OCCUPANTS OF 3162 W 43RD ST, CLEVELAND, OH 44109 3162 W 43RD ST CLEVELAND, OH 44109
  44. SUMS COMPLAINT(56230888) SENT BY SPECIAL PROCESS SERVER. TO: THOMAS FISCHER 8701 ANSONIA AVE CLEVELAND, OH 44144
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. WRIT FEE
  48. WRIT FEE
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. WRIT FEE
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. SUMMONS E-FILE COPY COST
  56. 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
  57. MAGISTRATE CHRISTOPHER DAY ASSIGNED (MANUALLY)
  58. 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
  59. JUDGE HOLLIE L GALLAGHER ASSIGNED (RANDOM)
  60. SPECIAL PROJECTS FUND FEE
  61. LEGAL RESEARCH
  62. LEGAL NEWS
  63. LEGAL AID
  64. COMPUTER FEE
  65. CLERK'S FEE
  66. DEPOSIT AMOUNT PAID ADRIENNE S. FOSTER
  67. DEPOSIT AMOUNT PAID ADRIENNE S. FOSTER

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