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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-03-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 130 entries

Parties

Plaintiff Midfirst Bank
Defendant Michelle L. Roberts|John Doe, Name Unknown, Unknown Spouse Of Michelle L. Roberts (if Any)|United States Of America, Secretary Of Housing And Urban Development|City Of South Euclid|State Of Ohio, Department Of Taxation
Photo of Hon. JOHN J RUSSO

Judge

Hon. JOHN J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. ERTIFICATE OF TITLE $515.00 PAY TO MANLEY, DEAS & KOCHALSKI, LLC
  3. OTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF SALE
  4. RDER APPROVING APPRAISERS' FEES 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: RICHARD W CAREY, APPRASIAL COST: $51.72 REGULAR FEE AND MILEAGE. JOHN J. LYNCH, APPRAISAL COST: $50 REGULAR FEE. MARK BUTLER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-25-114208 NOTICE ISSUED
  5. OS LAND APPRAISAL FILED PRIVATE SELLING OFFICER
  6. SPS RECEIPT NO. 57828289 DELIVERED BY USPS 08/16/2025 ROMAN/CHRISTOPHER/ PROCESSED BY COC 08/20/2025.
  7. ERTIFIED MAILER(57828289) SENT BY CERTIFIED MAIL. TO: CHRISTOPHER ROMAN 1640 GULLY TOP LANE CANFIELD, OH 44406-0000
  8. RDER OF SALE ISSUED TO TO PRIVATE SELLING OFFICER FOR APPRAISAL Parcel#(s) 701-04-037
  9. EAL AUCTION
  10. EPOSIT AMOUNT PAID ANN M JOHNSON
  11. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR SALE BY PRIVATE SELLING OFFICER 820
  12. UDGMENT ENTRY(57785348) SENT BY REGULAR MAIL SERVICE. TO: CHRISTOPHER ROMAN 1640 GULLY TOP LANE CANFIELD, OH 44406-0000
  13. UDGMENT ENTRY(57785347) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121-0000
  14. UDGMENT ENTRY(57785346) SENT BY REGULAR MAIL SERVICE. TO: CITY OF SOUTH EUCLID ATTENTION: LEGAL DEPARTMENT 1349 SOUTH GREEN ROAD SOUTH EUCLID, OH 44121
  15. UDGMENT ENTRY(57785345) SENT BY REGULAR MAIL SERVICE. TO: MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121
  16. UDGMENT ENTRY(57785344) SENT BY EMAIL. TO: CARLA M. ALLEN [email protected]
  17. UDGMENT ENTRY(57785343) SENT BY EMAIL. TO: KIRSTEN E FRIEDMAN [email protected]
  18. UDGMENT ENTRY(57785342) SENT BY EMAIL. TO: RICHARD J. SYKORA [email protected]
  19. UDGMENT ENTRY(57785341) SENT BY EMAIL. TO: MICHAEL E CARLETON [email protected]
  20. UDGMENT ENTRY(57785337) SENT BY EMAIL. TO: MICHAEL E CARLETON [email protected]
  21. UDGMENT ENTRY(57785334) SENT BY EMAIL. TO: ANGELA D. KIRK [email protected]
  22. UDGMENT ENTRY(57785331) SENT BY EMAIL. TO: ANGELA D. KIRK [email protected]
  23. UDGMENT ENTRY(57785330) SENT BY EMAIL. TO: KIMBERLY FULKERSON [email protected]
  24. UDGMENT ENTRY(57785329) SENT BY EMAIL. TO: KYLE E TIMKEN [email protected]
  25. UDGMENT ENTRY(57785328) SENT BY EMAIL. TO: KYLE E TIMKEN [email protected]
  26. UDGMENT ENTRY(57785327) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  27. UDGMENT ENTRY(57785326) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  28. UDGMENT ENTRY(57785325) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  29. UDGMENT ENTRY(57785324) SENT BY EMAIL. TO: LAURA L. PETERS [email protected]
  30. LAINTIFF'S MOTION TO APPOINT A PRIVATE SELLING OFFICER IS GRANTED. CHRISTOPHER ROMAN IS APPOINTED AS THE PRIVATE SELLING OFFICER IN THIS CASE. UPON THE ISSUANCE OF AN ORDER OF SALE, THE PRIVATE SELLING OFFICER MAY SELL THE PROPERTY PURSUANT TO THE APPLICABLE PROVISIONS OF THE OHIO REVISED CODE. THE FEES AND COSTS CHARGED BY THE PRIVATE SELLING OFFICER WILL BE GOVERNED BY THE PRIVATE SELLING OFFICER'S AGREEMENT WITH THE PLAINTIFF. TO THE EXTENT THE FEES AND COSTS OF THE PRIVATE SELLING OFFICER EXCEED ONE AND ONE-HALF PERCENT OF THE SALE PRICE OF THE REAL ESTATE, THEY SHALL BE PAID BY THE PLAINTIFF OR FROM THE PLAINTIFF PORTION OF THE PROCEEDS OF SALE PURSUANT TO R.C. 2329.152(D)(1) AND CANNOT BE USED TO CALCULATE A REDEMPTION AMOUNT OR DEFICIENCY JUDGMENT. NOTICE ISSUED
  31. OTION FILED FOR P1 MIDFIRST BANK ANN M JOHNSON 0072981 MOTION TO APPOINT PRIVATE SELLING OFFICER
  32. UDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  33. AGISTRATE'S DECISION(57510312) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121-0000
  34. AGISTRATE'S DECISION(57510311) SENT BY REGULAR MAIL SERVICE. TO: CITY OF SOUTH EUCLID ATTENTION: LEGAL DEPARTMENT 1349 SOUTH GREEN ROAD SOUTH EUCLID, OH 44121
  35. AGISTRATE'S DECISION(57510310) SENT BY REGULAR MAIL SERVICE. TO: MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121
  36. AGISTRATE'S DECISION(57510309) SENT BY EMAIL. TO: CARLA M. ALLEN [email protected]
  37. AGISTRATE'S DECISION(57510308) SENT BY EMAIL. TO: KIRSTEN E FRIEDMAN [email protected]
  38. AGISTRATE'S DECISION(57510307) SENT BY EMAIL. TO: RICHARD J. SYKORA [email protected]
  39. AGISTRATE'S DECISION(57510306) SENT BY EMAIL. TO: MICHAEL E CARLETON [email protected]
  40. AGISTRATE'S DECISION(57510305) SENT BY EMAIL. TO: MICHAEL E CARLETON [email protected]
  41. AGISTRATE'S DECISION(57510304) SENT BY EMAIL. TO: ANGELA D. KIRK [email protected]
  42. AGISTRATE'S DECISION(57510303) SENT BY EMAIL. TO: ANGELA D. KIRK [email protected]
  43. AGISTRATE'S DECISION(57510302) SENT BY EMAIL. TO: KIMBERLY FULKERSON [email protected]
  44. AGISTRATE'S DECISION(57510301) SENT BY EMAIL. TO: KYLE E TIMKEN [email protected]
  45. AGISTRATE'S DECISION(57510300) SENT BY EMAIL. TO: KYLE E TIMKEN [email protected]
  46. AGISTRATE'S DECISION(57510299) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  47. AGISTRATE'S DECISION(57510298) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  48. AGISTRATE'S DECISION(57510297) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  49. AGISTRATE'S DECISION(57510296) SENT BY EMAIL. TO: LAURA L. PETERS [email protected]
  50. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  51. EFAULT HEARING HELD BY MAGISTRATE AND RECORDED ELECTRONICALLY. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  52. OTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF HEARING
  53. ELEPHONE DEFAULT HEARING SET FOR 07/09/2025 AT 03:30 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  54. OTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING FINAL JUDICIAL REPORT
  55. FFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT REGARDING MILITARY STATUS
  56. OTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING ENTRY ADOPTING MAGISTRATE'S DECISION
  57. OTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING PROPOSED MAGISTRATE'S DECISION
  58. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  59. NSWER FILED BY D3 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  60. ERTIFIED MAIL RECEIPT NO. 56449263 RETURNED 04/11/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  61. NSWER FILED BY D5 STATE OF OHIO, DEPARTMENT OF TAXATION ATTORNEY LAURA L. PETERS 0063425 STATE OF OHIO DEPARTMENT OF TAXATION
  62. SPS RECEIPT NO. 56488718 DELIVERED BY USPS 04/07/2025 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 04/16/2025.
  63. ERTIFIED MAIL RECEIPT NO. 56449263 RETURNED 4/11/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  64. ERTIFIED MAIL RECEIPT NO. 56449262 RETURNED 4/11/2025 FAILURE OF SERVICE ON DEFENDANT ROBERTS/MICHELLE/L. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  65. SPS RECEIPT NO. 56488720 DELIVERED BY USPS 04/01/2025 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 04/09/2025.
  66. SPS RECEIPT NO. 56488717 DELIVERED BY USPS 03/31/2025 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 04/09/2025.
  67. SPS RECEIPT NO. 56449266 DELIVERED BY USPS 03/31/2025 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 04/09/2025.
  68. FFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT OF ANN MARIE JOHNSON
  69. SPS RECEIPT NO. 56488719 DELIVERED BY USPS 03/29/2025 CITY OF SOUTH EUCLID PROCESSED BY COC 04/02/2025.
  70. SPS RECEIPT NO. 56488716 DELIVERED BY USPS 03/29/2025 JOHN DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF MICHELLE L. ROBERTS PROCESSED BY COC 04/02/2025.
  71. SPS RECEIPT NO. 56488715 DELIVERED BY USPS 03/29/2025 ROBERTS/MICHELLE/L. PROCESSED BY COC 04/02/2025.
  72. SPS RECEIPT NO. 56449265 DELIVERED BY USPS 03/26/2025 CITY OF SOUTH EUCLID PROCESSED BY COC 04/02/2025.
  73. SPS RECEIPT NO. 56449264 DELIVERED BY USPS 03/26/2025 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 04/02/2025.
  74. ON 03/26/2025 I SERVED THE WITHIN NAMED JOHN DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF MICHELLE L. ROBERTS BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  75. ON 03/26/2025 I SERVED THE WITHIN NAMED ROBERTS/MICHELLE/L. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  76. OTICE OF SUMMONS SERVICE RETURN FILED MICHELLE ROBERTS
  77. OTICE OF SUMMONS SERVICE RETURN FILED UNKN SPOUSE OF MICHELLE ROBERTS
  78. UMS COMPLAINT(56488720) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  79. UMS COMPLAINT(56488719) SENT BY CERTIFIED MAIL. TO: CITY OF SOUTH EUCLID ATTENTION: LEGAL DEPARTMENT 1349 SOUTH GREEN ROAD SOUTH EUCLID, OH 44121
  80. UMS COMPLAINT(56488718) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN C/O THE US ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE NW WASHINGTON, DC 20530-0000
  81. UMS COMPLAINT(56488717) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN C/O THE US ATTY FOR THE NORTH DIST 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  82. UMS COMPLAINT(56488716) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121-0000
  83. UMS COMPLAINT(56488715) SENT BY CERTIFIED MAIL. TO: MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121
  84. UMMONS E-FILE COPY COST
  85. UMMONS E-FILE COPY COST
  86. UMMONS E-FILE COPY COST
  87. UMMONS E-FILE COPY COST
  88. UMMONS E-FILE COPY COST
  89. RIT FEE
  90. RIT FEE
  91. RIT FEE
  92. RIT FEE
  93. RIT FEE
  94. RIT FEE
  95. UMMONS E-FILE COPY COST
  96. UMS COMPLAINT(56468679) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121-0000
  97. UMS COMPLAINT(56468678) SENT BY SPECIAL PROCESS SERVER. TO: MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121
  98. UMMONS E-FILE COPY COST
  99. UMMONS E-FILE COPY COST
  100. RIT FEE
  101. RIT FEE
  102. EQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE PRIVATE PROCESS SERVER
  103. EQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE CERTIFIED MAIL
  104. UMS COMPLAINT(56449266) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  105. UMS COMPLAINT(56449265) SENT BY CERTIFIED MAIL. TO: CITY OF SOUTH EUCLID ATTENTION: LEGAL DEPARTMENT 1349 SOUTH GREEN ROAD SOUTH EUCLID, OH 44121
  106. UMS COMPLAINT(56449264) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN C/O THE U.S. ATTORNEY FOR THE NORTH 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  107. UMS COMPLAINT(56449263) SENT BY CERTIFIED MAIL. TO: JOHN DOE, 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121-0000
  108. UMS COMPLAINT(56449262) SENT BY CERTIFIED MAIL. TO: MICHELLE L. ROBERTS 1338 SOUTH GREEN ROAD CLEVELAND, OH 44121
  109. LL 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
  110. AGISTRATE STEPHEN M BUCHA ASSIGNED (MANUALLY)
  111. T 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
  112. UMMONS E-FILE COPY COST
  113. UMMONS E-FILE COPY COST
  114. RIT FEE
  115. RIT FEE
  116. RIT FEE
  117. UMMONS E-FILE COPY COST
  118. UMMONS E-FILE COPY COST
  119. UMMONS E-FILE COPY COST
  120. RIT FEE
  121. RIT FEE
  122. UDGE JOHN J RUSSO ASSIGNED (RANDOM)
  123. PECIAL PROJECTS FUND FEE
  124. EGAL RESEARCH
  125. EGAL NEWS
  126. EGAL AID
  127. OMPUTER FEE
  128. LERK'S FEE
  129. EPOSIT AMOUNT PAID ANN M JOHNSON
  130. EPOSIT AMOUNT PAID ANN M JOHNSON

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