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  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
  • US BANK TRUST NATIONAL ASSOCIATION vs. RICHARD D SIBBISON, ET ALFORECLOSURE MARSH. OF LIEN document preview
						
                                

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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas NOTICE OF September 29,2023 16:58 By: SUZANNE M. GODENSWAGER 0086422 Confirmation Nbr. 2978530 US BANK TRUST NATIONAL ASSOCIATION CV 23 978630 vs. Judge: KATHLEEN ANN SUTULA RICHARD D SIBBISON, ET AL Pages Filed: 59 Electronically Filed 09/29/2023 16:58 / NOTICE / CV 23 978630 / Confirmation Nbr. 2978530 / BATCH SMG/BS 23-00671 09/29/2023 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Civil Division US BANK TRUST NATIONAL CASE NO. CV-23-978630 ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER JUDGE KATHLEEN SUTULA TRUSTEE FOR VRMTG ASSET TRUST. Magistrate Dyke Plaintiff NOTICE OF FILING FINAL - vs - JUDICIAL REPORT RICHARD D. SIBBISON AKA RICHARD SIBBISON, ET AL Defendants f NOW COMES undersigned counsel for the Plaintiff herein and attaches hereto a Final Judicial Report in regards to the above captioned matter. Submitted by, Sandhu Law Group, LLC /s/ Suzanne M. Godenswager David T. Brady (0073127) 7 Suzanne M. Godenswager (0086422) 1/5(71^ Austin B. Barnes III (0052130) Robert E. Daniell (0098708) Adrienne S. Foster (0080011) 1213 Prospect Avenue, Suite 300 Cleveland, OH 44115 216-373-1001 216-373-1002 sgodenswager@sandhu-law.com Attorneys for Plaintiff Electronically Filed 09/29/2023 16:58 / NOTICE / CV 23 978630 / Confirmation Nbr. 2978530 / BATCH CERTIFICATE OF SERVICE A copy of the foregoing was sent by regular U.S. Mail on this 2023, to the following: Richard D. Sibbison aka Richard Sibbison 12828 Heath Rd. Chesterland, OH 44026 Jane Doe, Name Unknown, Unknown Spouse if any of Richard D. Sibbison aka Richard Sibbison 12828 Heath Road Chesterland, OH 44026 /s/ Suzanne M. Godenswager David T. Brady (0073127) Suzanne M. Godenswager (0086422) Austin B. Barnes III (0052130) Robert E. Daniell (0098708) Adrienne S. Foster (0080011) Attorney for Plaintiff Electronically Filed 09/29/2023 16:58 / NOTICE / CV 23 978630 / Confirmation Nbr. 2978530 / BATCH -2- Final Judicial Report FJR- 80796308 _ _ SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT X FINAL JUDICIAL REPORT Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY An examination of the record title from the Effective Date of Preliminary Judicial Report, any Supplemental Judicial Report or Final Judicial Report dated 4/17/2023, Order No. 23370650FJR has been made to the date hereof and the Company finds the following matters of record: - Taxes Due: $0.00 A review of the Foreclosure action styled US BANK TRUST NATIONAL ASSOCIATION, vs RICHARD SIBBISON., et al., as Case Nos. CV-23- 978630, Cuyahoga County, Ohio, has been made and the Company finds no record in said proceedings of service completed on the following parties: - Service Completed on All Parties This examination is made for the use and benefit of the Guaranteed Party to said proceedings and the purchaser at judicial sale thereunder and is further subject to the Exclusions from coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations of the Preliminary Judicial Report, Final Judicial Report and any supplements related hereto. Effective Date: 7/21/2023 Issued By: Avenue 365 Lender Services, LLC OLD REPU8UC NATIONAL TITLE INSURANCE COMPANY A '.Vi • Michael J. Allen Authorized Signature Electronically Filed 09/29/2023 16:58 / NOTICE / CV 23 978630T.Confi ORT Form 4277 SJR 10/01/2004 o MyPLACE Cuyahoga County, Ohio - Property Summary Report Parcel: 106-02-081 Owner SIBBISON, RICHARD D (AKA SIBBISON, RICHARD) Address 1341 E 68 ST CLEVELAND, OH. 44103 Land Use (5300) R - 3-FAMILY PLATTED LOT Description 344 HALLE 0024 ALL Neighborhood Code 01140 MAP VIEW Map Image BUILDING INFORMATION Building Record Number 1 Occupancy 2-FAMILY Story Height 2.5 Style COLONIAL Year Built 1900 Exterior Walls FRAME Condition FAIR Construction Quality Ci- /AVERAGE* Roof Type GABLE Roof Material ASPH-SHINGLE Heat Type FORCED-AIR Air Conditioning NONE Attic Type UNFINISHED Basement Type BASEMENT Basement Square Feel 1,112 Basement Finished N/A Rooms 10 Bedrooms 4 Bathrooms (Full/Hatf) 2/0 Garage Type NONE Garage Capacity Year Garage Built Garage Size Living Area Basement Living Area 1 1,122 Living Area 2 1,112 Living Area Upper Living Area Total 2,234 Floor Location Party Wall Building Record Number 2 Occupancy 1-FAMILY Story Height 1.5 Style BUNGALOW Year Built 1900 Exterior Walls FRAME Condition FAIR Construction Quality C/AVERAGE Roof Type GABLE Roof Material ASPH-SHINGLE Heal Type FORCED-AIR Air Conditioning NONE Attic Type UNFINISHED Basement Type BASEMENT Basement Square Feet 768 Basement Finished N/A Rooms 5 Bedrooms 2 Bathrooms (Full/Half) 1/0 Garage Type NONE Garage Capacity Year Garage Built Garage Size Living Area Basement Living Area 1 788 Living Area 2 Living Area Upper Living Area Total 788 Floor Location Party Wall LAND VALUATION CmS* Frontage Depth Acreage SqR 2022 VakFto Taxable Exempt Abated Assessed PRM 40 120 4,800 Market Value Market Value Market Value Taxable Value Land Value $5,600 $0 $0 $1,960 Building Value $30,500 $0 $0 $10,680 Total Value $36,100 $0 $0 $12,640 Land Use 5300 THREE FAMILY DWELLING PERMITS IMPROVEMENTS TaxYatr Reason Tax Change Exempt Change Percent Complete Retespeet Notes Typo Description Size Height Depth Date Buyer Seller Price 5/9/2013 SIBBISON. RICHARD D (aka SIBBISON, RICHARD) Sibbison, Richard D & Wanona Isaac $0 1/28/2005 Sibbison. Richard D. & Wanona Isaac Sibbison, Richard D. & Wanona Isaac $0 1/28/2005 Sibbison, Richard D. & Wanona Isaac Bridges, Eugene $85,000 6/13/1990 ElectrONfCoHWtted 09/29/2023 16:58 / NOTICE / CV 23 978630 / Confirmation'2978530 / BATCH $0 9/28/1988 Secretary Of H.U.D. Jones E Squire $0 6/18/1981 Jones E Squire * .. ( c ... , ... Greenyill^ .Say &.Loan Assoc $5,000 4/20/1981 Greenville Sav & Loan Assoc Secretary Of Hud $0 4/21/1980 Secretary Of Hud Greenville S & L Assoc 4/21/1980 Greenville S & L Assoc Montanez Francisco & F $8,000 1/1/1975 Montanez Francisco & F $0 Taxes 2022 Taxes Charges Payments Balance Due Tax Balance Summary $974.36 $974.36 $.00 Electronically Filed 09/29/2023 16:58 / NOTICE / CV 23 978630 / Confirmation Nbr. 2978530 / BATCH Primary Owner SIBBISON. RICHARD D (aka SIBBISON. RICHARD) Property Address 1341 E68 ST Cleveland, OH 44103 Tax Mailing Address CORELOGIC 2500 WESTFIELD DR ELGIN, IL 60124 Description 344 HALLE 0024 ALL Property Class THREE FAMILY DWELLING Parcel Number 106-02-081 Taxset Cleveland Tax Year 2022 Assessed Values Market Values Flags Land Value $1,960 Land Value $5,600 Owner Occupancy Credit N Building Value $10,680 Building Value $30,500 Homestead Reduction N Total Value $12,640 Total Value $36,100 Foreclosure N Homestead Value $ Cert. Pending N Cert. Sold N Half Year Charge Amounts Rates Payment Plan N Gross Tax $810.41 Full Rate 128.23 Less 920 Reduction $280.97 920 Reduction Rate .346704 Sub Total $529.44 Effective Rate 83.772143 Escrow 10% Reduction Amount $42.26 Escrow N Owner Occupancy Credit $.00 Payment Amount $.00 Homestead Reduction Amount $.00 Total Assessments $.00 Half Year Net Taxes $487.18 Charges Payments Balance Due Tax Balance Summary $974.36 $974.36 $.00 2022 (pay in 2023) Charge and Payment Detail Taxset Charge Type Charges Payments Balance Due Cleveland 1st half tax $487.18 $487.18 $.00 1ST HALF BALANCE $487.18 $487.18 $.00 2nd half tax $487.18 $487.18 $.00 2ND HALF BALANCE $487.18 $487.18 $.00 Charges Payments Balance Due Total Balance $974.36 $974.36 $.00 '.yw? tt-WW J/O /.< .■>()! 1“?,?^.! Cc-c-'./ c. f t V- fr-S'x C-Jyifi&t--. Lw ty -'•.■-’Ac; > o gv-v..yr .'.(ft- -o >'4 ?•.* ;<• I-';.:. ?„•/.% T-i/i-G- t'if iVh'-i' rwst cfUtr.. -.-..s ,WER ’ 50 PUBLIC SQUARE https.7/cpdocket.cp.cuyahogacounty.us/CV_Caselnformation_All.aspx?q=_kiOgKKFoLDaJKOa8_8r5Q2&isprint=Y 4/10 8/1/23, 10:55 AM Civil Case All Information Page CLEVELAND, OH 44113-2204 Ph: 216-696-7661 Answer Filed: N/A Docket Information Docket Docki View Filing Date ' Docket Description Party Type Image 03/28/2022 N/A JE PREVIOUS COURT ORDER OF 3/3/22 HAS NOT BEEN FULLY COMPLIED WITH. THUS, THE COURT DISMISSES THIS CASE IN ITS ENTIRETY WITHOUT PREJUDICE. THE COURT WILL NOT ACCEPT A RE-FILING OF THE WITHIN MATTER IF THE PARTIES HAVE ENTERED INTO A LOAN MODIFICATION, PAYMENT PLAN, OR ANY SETTLEMENT OR WORKOUT. THE COURT WOULD ENTERTAIN A MOTION TO DISMISS SUCH A CASE AS A REFILE AND ANY FUTURE BREACH WOULD REQUIRE A NEW ACTION TO A NEW COURT, NOT A REFILED ACTION TO THIS COURT. IN THE EVENT THE COURT GRANTS SUCH A MOTION, THE CASE WILL THEN BE SENT FOR RANDOM DRAW FOR ASSIGNMENT TO ANOTHER COURT. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED 03/15/2022 N/A MG PLAINTIFF'S MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE FILED ON 3/15/22 IS DENIED. NOTICE ISSUED 03/15/2022 PI MO MOTION FILED FOR PI COMMUNITY LOAN SERVICING, LLC JUSTIN M. RITCH 0085358 MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE 03/15/2022- DENIED 03/03/2022 N/A MG A REVIEW OF THE COURT DOCKET INDICATES INACTIVITY AND SERVICE ON THE DEFENDANTS. PLAINTIFF HAS UNTIL 3/17/22 TO FILE AND/OR SUBMIT THE DOCUMENTS LISTED BELOW OR THIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. 1. MOTION FOR DEFAULT JUDGMENT 2. MOTION FOR SUMMARY JUDGMENT 3. AFFIDAVIT WITH REGARD TO MILITARY SERVICE 4. UPDATED TITLE WORK 5. A PROPOSED DECISION NOTICE ISSUED 02/22/2022 D2 SR CERTIFIED MAIL RECEIPT NO. 45633871 RETURNED 11/04/2021 FAILURE OF SERVICE ON DEFENDANT JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY 12/10/2021 D AN ANSWER FILED BY DEFENDANT(S) RICHARD D SIBBISON(DI) and RICHARD SIBBISON(DS) ATTORNEY KENNETH J FISHER 0001507 ANSWER OF DEFENDANT RICHARD D. SIBBISON 11/24/2021 D3 SH CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $45.00 11/24/2021 D3 SR 45819679 ON 11/18/2021 1 SERVED THE WITHIN NAMED SIBBISON/RICHARD/ BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. 11/24/2021 D2 SH CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $30.00 11/24/2021 D2 SR 45819677 ON 11/18/2021 I SERVED THE WITHIN NAMED JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. 11/24/2021 DI SH CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $30.00 11/24/2021 DI SR 45819675 ON 11/18/2021 I SERVED THE WITHIN NAMED SIBBISON/RICHARD/D BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. 11/24/2021 D1 SH CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $68.00 11/24/2021 DI SR 45819676 ON 11/19/2021 I SERVED THE WITHIN NAMED SIBBISON/RICHARD/D BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. 11/24/2021 D3 SH CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $78.00 11/24/2021 D3 SR 45819680w^CaOc SERVED ON 11/19/202123I I978630 THEfiFma / C<9n WITHIN NAMED t^RNbr. SIBBISON/RICHARD/BY WfWAWCH Electronically Filed 09/29/: ENDORSEMENTS THEREON. https://cpdocket.cp.cuyahogacounty.us/CV_Caselnfomnation_All.aspx?q=_kiOgKKFoLDaJKOa8_8r5Q2&isprint=Y 5/10 8/1/23, 10:55 AM Civil Case All Information Page 11/24/2021 D2 SH CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $68.00 11/24/2021 D2 SR 45819678 ON 11/19/2021 I SERVED THE WITHIN NAMED JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. 11/05/2021 N/A SR CERTIFIED MAIL RECEIPT NO. 45633873 RETURNED 11/4/2021 FAILURE OF SERVICE ON DEFENDANT SIBBISON/RICHARD/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY 11/05/2021 N/A SR CERTIFIED MAIL RECEIPT NO. 45633871 RETURNED 11/4/2021 FAILURE OF SERVICE ON DEFENDANT JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY 11/05/2021 N/A SR CERTIFIED MAIL RECEIPT NO. 45633869 RETURNED 11/4/2021 FAILURE OF SERVICE ON DEFENDANT SIBBISON/RICHARD/D - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY 10/25/2021 P1 SR SHERIFF SERVICE PACKET - SIBBISON AKA - 20646 10/25/2021 P1 SR SHERIFF SERVICE PACKET - SIBBISON AKA 1341 10/25/2021 PI SR SHERIFF SERVICE PACKET - JANE DOE 20646 10/25/2021 PI SR SHERIFF SERVICE PACKET - JANE DOE 1341 10/25/2021 PI SR SHERIFF SERVICE PACKET SIBBISON 20646 10/25/2021 P1 SR SHERIFF SERVICE PACKET - SIBBISON 1341 10/25/2021 D3 SR SUMS COMPLAINT(45819680) SENT BY CUYAHOGA SHERIFF SERVICE. TO: RICHARD SIBBISON 20646 CENTURYWAY ROAD MAPLE HEIGHTS, OH 44137-0000 10/25/2021 D3 SR SUMS COMPLAINT(45819679) SENT BY CUYAHOGA SHERIFF SERVICE. TO: RICHARD SIBBISON 1341 EAST 68TH STREET CLEVELAND, OH 44103 10/25/2021 D2 SR SUMS COMPLAINT(45819678) SENT BY CUYAHOGA SHERIFF SERVICE. TO: JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD 20646 CENTURYWAY ROAD MAPLE HEIGHTS, OH 44137-0000 10/25/2021 D2 SR SUMS COMPLAINT(45819677) SENT BY CUYAHOGA SHERIFF SERVICE. TO: JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD 1341 EAST 68TH STREET CLEVELAND, OH 44103 10/25/2021 D1 SR SUMS COMPLAINT(45819676) SENT BY CUYAHOGA SHERIFF SERVICE. TO: RICHARD D SIBBISON 20646 CENTURYWAY ROAD MAPLE HEIGHTS, OH 44137­ 0000 10/25/2021 D1 SR SUMS COMPLAINT(45819675) SENT BY CUYAHOGA SHERIFF SERVICE. TO: RICHARD D SIBBISON 1341 EAST68TH STREET CLEVELAND, OH 44103 10/25/2021 N/A SR SUMMONS E-FILE COPY COST 10/25/2021 N/A SR SUMMONS E-FILE COPY COST 10/25/2021 N/A SR SUMMONS E-FILE COPY COST 10/25/2021 N/A SR SUMMONS E-FILE COPY COST 10/25/2021 N/A SR SUMMONS E-FILE COPY COST 10/25/2021 N/A SR SUMMONS E-FILE COPY COST 10/25/2021 D3 CS WRIT FEE 10/25/2021 D3 cs WRIT FEE 10/25/2021 D2 CS WRIT FEE 10/25/2021 D2 cs WRIT FEE 10/25/2021 DI cs WRIT FEE 10/25/2021 D1 cs WRIT FEE 10/22/2021 PI SR REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE VIA SHERIFF 10/20/2021 N/A SR USPS RECEIPT NO. 45633870 DELIVERED BY USPS 10/14/2021 JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD PROCESSED BY COC 10/20/2021. 10/18/2021 N/A MG STANDING ORDERS 1. PURSUANT TO CIVIL RULE 4(E), IF SERVICE OF THE COMPLAINT IS NOT MADE UPON A DEFENDANT WITHIN SIX MONTHS AFTER THE FILING OF THE COMPLAINT, OR AMENDED COMPLAINT (IF APPLICABLE), A CASE SHALL BE DISMISSED AS TO THAT DEFENDANT WITHOUT PREJUDICE. CONSEQUENTLY, PLAINTIFF WILL HAVE THEN FAILED TO PROPERLY JOIN ALL Electronically Filed Q9Z29Z2023QI658/ RtofWT/l CV!§) 978630/ CNffi?faffiii£KWT2Wt&&3W BATCHMISS A CASE IN ITS ENTIRETY WITHOUT PREJUDICE AT PLAINTIFF'S COSTS FOR FAILURE TO https://cpdocket.cp.cuyahogacounty.us/CV_Caselnformation_AII.aspx?q=_kiOgKKFoLDaJKOa8_8r5Q2&isprint=Y 6/10 8/1/23, 10:55 AM Civil Case All Information Page PROSECUTE. 2. IN A BANK FORECLOSURE CASE OR A CONDOMINIUM LIEN FORECLOSURE CASE OR A HOME OWNER'S ASSOCIATION CASE, WITHIN 20 DAYS OF FILING THE COMPLAINT, THE PLAINTIFF SHALL COMPLETE A RESIDENTIAL PROPERTY STATUS REPORT ON A FORM PRESCRIBED BY THE COURT. SAID FORM MAY BE OBTAINED FROM JUDGE NANCY MARGARET RUSSO'S WEBSITE. THIS FORM REQUIRES THE SUBMISSION OF A RECENT COLOR PHOTOGRAPH OF THE SUBJECT PROPERTY. SAID FORM IS TO BE FILED AND HAND-DELIVERED TO COURTROOM 18-C ON THE DATE OF FILING. FAILURE TO COMPLY WILL RESULT IN DISMISSAL WITHOUT PREJUDICE. 3. FAILURE OF ANY PARTY'S COUNSEL OR PRO SE PARTY TO APPEAR IN PERSON AT A COURT DATE, WITHOUT PRIOR PERMISSION OF THE COURT EXCUSING ATTENDANCE, MAY RESULT IN THE COURT DISMISSING ONE'S CLAIMS WITH OR WITHOUT PREJUDICE OR RENDERING JUDGMENT AGAINST A PARTY OR SANCTIONS INCLUDING CONTEMPT. MOTIONS EXCUSING ATTENDANCE OR TO APPEAR BY PHONE MUST BE FILED AT LEAST 7 DAYS IN ADVANCE OF THE SCHEDULED EVENT AND MUST CLEARLY STATE A VALID REASON FOR THE REQUEST. 4. IF A CONTINUANCE OF A COURT DATE IS SOUGHT FOR ANY REASON, AN APPROPRIATE MOTION MUST BE FILED NO LESS THAN 7 DAYS BEFORE THE SCHEDULED EVENT. 5. DO NOT CALL THE COURT TO REQUEST A CONTINUANCE. ABSENT AN EMERGENCY, NO CONSIDERATION WILL BE GIVEN TO REQUESTS NOT MADE IN WRITING, DOCKETED AND WITHIN THE TIMEFRAME ABOVE. 6. THE COURT REQUIRES A COURTESY COPY OF ALL PLEADINGS OR FILINGS IN EXCESS OF 5 PAGES TO BE HAND-DELIVERED TO THE COURT. E-FILING DOES NOT CONSTITUTE A COURTESY COPY. PLEADINGS OR FILINGS 5 PAGES, OR LESS, IN LENGTH MAY BE FAXED TO THE COURT AT 216-348-4036. PLEADINGS OR FILINGS OF 5 PAGES OR LESS THAT ARE E-FILED DO NOT NEED TO BE FAXED OR DELIVERED TO THE COURT. 7. ALL PLEADINGS AND FILINGS, GREATER THAN 5 PAGES, ARE TO BE HAND-DELIVERED TO COURTROOM 18-C ON THE DATE OF FILING AND LEFT IN THE DESIGNATED MAILBOX (ON FLOOR 18 OF THE JUSTICE CENTER) BY 4:30. ELECTRONIC FILING OR E-FILING DOES NOT ALTER THIS POLICY. IN ADDITION TO E-FILING A DOCUMENT WITH THE COURT, PARTIES MUST STILL HAND-DELIVER A HARD COPY OF ANY PLEADING OR FILING, GREATER THAN 5 PAGES, TO THE COURT BY 4:30. THE COURT WILL STRIKE ANY PLEADING OR FILING THAT IS NOT TIMELY DELIVERED TO THE COURT BY HAND AND/OR THE COURT MAY DISMISS A PARTY'S CLAIMS WITHOUT PREJUDICE FOR FAILURE TO COMPLY. 8. IN THE EVENT THE DEBTOR ENTERS INTO A FORBEARANCE AGREEMENT, LOAN MODIFICATION, PAYMENT PLAN OR ANY OTHER SIMILAR SETTLEMENT WITH THE PLAINTIFF, WHETHER IT IS BEFORE JUDGMENT OR AFTER JUDGMENT, THE PLAINTIFF MUST NOTIFY THE COURT OF SAID AGREEMENT WITHIN 14 DAYS OF ENTERING SUCH AN AGREEMENT. FAILURE TO NOTIFY THE COURT OF SUCH AN AGREEMENT WILL RESULT IN A SHOW CAUSE HEARING. 9. ALL 41(A) NOTICES OF DISMISSAL OR MOTIONS TO DISMISS FILED WITH THE COURT MUST HAVE ATTACHED TO THEM AN AFFIDAVIT INDICATING IF ANY FORBEARANCE AGREEMENT, LOAN MODIFICATION, PAYMENT PLAN, REINSTATEMENT, PAYOFF OR ANY OTHER SIMILAR SETTLEMENT WITH THE DEFENDANT EXISTS OR NOT. FAILURE TO COMPLY MAY RESULT IN A SHOW CAUSE HEARING. 10. IN A BANK FORECLOSURE CASE, THE BANK MUST BE ABLE TO PROVE TO THE COURT THAT IT HOLDS THE MORTGAGE AND THE NOTE. FAILURE TO DO SO WILL RESULT IN THE COURT DISMISSING THE WITHIN CASE. 11. IN THE EVENT THE COURT AWARDS PLAINTIFF WITH A JUDGMENT AND/OR DECREE OF FORECLOSURE, PLAINTIFF IS ORDERED TO PROVIDE THE CLERK AND/OR SHERIFF WITH ALL NECESSARY DOCUMENTS TO TRIGGER THE SALE OF THE WITHIN PROPERTY WITHIN 30 DAYS OF THE DATE OF THE COURT'S JUDGMENT. FAILURE TO DO SO WILL RESULT IN THE COURT VACATING ANY JUDGMENT AND/OR DECREE OF FORECLOSURE AND DISMISSING THIS CASE WITHOUT PREJUDICE FOR FAILURE TO COMPLY. THE COURT MAY ALSO SET THE MATTER FOR A SHOW CAUSE HEARING ORDERING COUNSEL TO SHOW CAUSE WHY HE OR SHE SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO COMPLY. IF THE PROPERTY IS UNSOLD, PLAINTIFF WILL BE REQUIRED TO FILE A SUBSEQUENT PRAECIPE FOR SALE, WITHIN 30 DAYS AFTER THE SHERIFF'S RETURN REPORTING THE PROPERTY AS UNSOLD, UNTIL THE PROPERTY IS SOLD OR GOOD CAUSE IS SHOWN AND THE . . COURT DOCKETS SUCH AN ENTRY. 12, NOTICES OF BANKRUPTCY FILED WITH Electronically Filed O9/29/2023^16:58yFNOTI^Eir/ ^C^FlWlBAiCWKRUPTCY DOCKET. CASES STAYED DUE TO BANKRUPTCY MAY BE RETURNED TO THE https://cpdocket.cp.cuyahogacounty.us/CV_Caselnformation_AII . aspx?q=_kiOgKKFol_DaJKOa8_8r5Q2&isprint=Y 7/10 8/1/23, 10:55 AM Civil Case All Information Page ACTIVE DOCKET ONLY UPON A PROPERLY FILED MOTION THAT STATES THE DATE ON WHICH THE AUTOMATIC STAY WAS LIFTED. COURT TO BE NOTIFIED OF THE LIFTING OF A BANKRUPTCY STAY WITHIN 15 DAYS OF SAME. FAILURE TO NOTIFY THE COURT AND FILE A MOTION TO REACTIVATE A CASE WITHIN THAT 15 DAY PERIOD OF TIME WILL RESULT IN THE COURT DISMISSING A CASE WITHOUT PREJUDICE. COUNSEL MUST ATTACH A COPY OF THE BANKRUPTCY DOCKET TO HIS OR HER MOTION TO REACTIVATE A CASE. 13. PARTIES WISHING TO PERFECT SERVICE BY SPECIAL PROCESS SERVER IN ANY GIVEN CASE MUST FIRST FILE A SEPARATE MOTION TO APPOINT A SPECIAL PROCESS SERVER DIRECTLY WITH JUDGE NANCY MARGARET RUSSO. FAILURE TO OBTAIN THE EXPRESS PERMISSION OF JUDGE NANCY MARGARET RUSSO BEFORE ATTEMPTING SERVICE BY SPECIAL PROCESS SERVER MAY RESULT IN THE COURT STRIKING SUCH SERVICE ATTEMPTS. MOTIONS TO APPOINT SPECIAL PROCESS SERVERS MUST HAVE A PROPOSED ORDER ATTACHED TO THE MOTION FOR THE COURT'S REVIEW AND SIGNATURE. (THE PROPOSED ORDER SHOULD NOT BE SUBMITTED SEPARATELY TO THE COURT, BUT IT MUST BE ATTACHED TO THE MOTION). 14. ANY MOTION TO WITHDRAW AN ORDER OF SALE MUST BE FILED AT LEAST 7 DAYS IN ADVANCE OF THE SCHEDULED SALE. ANY MOTION NOT TIMELY FILED MAY BE STRICKEN. SAID MOTION MUST CLEARLY STATE A VALID REASON FOR THE REQUEST TO WITHDRAW THE SALE. MOTIONS TO WITHDRAW AN ORDER OF SALE MUST HAVE A PROPOSED ORDER ATTACHED TO THE MOTION FOR THE COURT'S REVIEW AND SIGNATURE. (THE PROPOSED ORDER SHOULD NOT BE SUBMITTED SEPARATELY TO THE COURT, BUT IT MUST BE ATTACHED TO THE MOTION). MOTIONS TO WITHDRAW AN ORDER OF SALE THAT MAKE REFERENCE TO A FORBEARANCE AGREEMENT, LOAN MODIFICATION, PAYMENT PLAN, REINSTATEMENT, PAYOFF OR ANY OTHER SIMILAR SETTLEMENT, MUST HAVE PROOF OF SAME ATTACHED TO THE MOTION. MOTIONS TO VACATE SALE MUST ALSO CLEARLY STATE A VALID REASON. MOTIONS TO VACATE SALE THAT MAKE REFERENCE TO A FORBEARANCE AGREEMENT, LOAN MODIFICATION, PAYMENT PLAN, REINSTATEMENT, PAYOFF OR ANY OTHER SIMILAR SETTLEMENT, MUST ALSO HAVE PROOF OF SAME ATTACHED TO THE MOTION. 15. A PROPOSED ORDER MUST BE SUBMITTED WITH A MOTION FOR SUMMARY JUDGMENT OR A MOTION FOR DEFAULT JUDGMENT, AND IS TO BE SUBMITTED FOR SIGNATURE BY THE JUDGE, RATHER THAN AS A MAGISTRATE'S DECISION. IF A MAGISTRATE'S DECISION IS SUBMITTED IT WILL BE STRICKEN. 16. NO REPLY BRIEFS ARE PERMITTED ABSENT LEAVE OF COURT. 17. IN THE EVENT THE DEFENDANT INTENDS TO PURSUE LOSS MITIGATION, HE OR SHE MUST SUBMIT A COMPLETE LOSS MITIGATION PACKET TO THE PLAINTIFF OR LOAN SERVICER WITHIN 60 DAYS OF THE FILING OF THE COMPLAINT. 18. TAX CERTIFICATE AND TAX FORECLOSURE CASES WILL BE HANDLED BY MAGISTRATE JOHN DYKE. A PROPOSED MAGISTRATE’S DECISION IS REQUIRED HERE. FAILURE TO SUBMIT SAID DECISION MAY RESULT IN A DISMISSAL WITHOUT PREJUDICE. 19. COURT RETAINS JURISDICTION OVERALL POST-JUDGMENT MOTIONS. 20. ALL FORECLOSURE FILES ARE MAINTAINED AND KEPT IN COURTROOM 18-C OF THE JUSTICE CENTER, NOT IN THE MAGISTRATE'S DEPARTMENT OR THE CLERK'S OFFICE. 21. ON MARCH 20, 2020, THE UNITED STATES POSTAL SERVICE ANNOUNCED A TEMPORARY MODIFICATION TO MAIL HANDLING PROCEDURES FOR MAIL THAT REQUIRES CUSTOMER SIGNATURES. TO REDUCE HEALTH RISKS, THE POSTAL SERVICE MODIFIED CUSTOMER SIGNATURE CAPTURE PROCEDURES. WHILE THE COURT APPRECIATES THE NEED FOR SAFETY DURING THE CURRENT COVID 19 PANDEMIC, THE COURT HAS CONCERNS ON HOW THIS CHANGE IN POLICY WILL IMPACT PROPER SERVICE UNDER THE OHIO RULES OF CIVIL PROCEDURE. THE CIVIL RULES PRESCRIBE THE PROCEDURE TO BE FOLLOWED BYALL COURTS IN THE STATE OF OHIO. THEY ARE TO BE CONSTRUED AND APPLIED TO EFFECT JUST RESULTS AND THE ADMINISTRATION OF JUSTICE. IN PARTICULAR, SERVICE RULES EXIST TO SAFEGUARD DUE PROCESS. THEY ENSURE NOTICE AND AN OPPORTUNITY TO BE HEARD. THEY CANNOT BE CIRCUMVENTED OR SUSPENDED. IN LIGHT OF THE ABOVE, THE COURT IMPLEMENTS THE FOLLOWING POLICY WHICH IS IN EFFECT UNTIL FURTHER NOTICE. THE COURT FINDS THE FOLLOWING METHODS OF SERVICE ARE ACCEPTABLE AND PARTIES WISHING TO PERFECT SERVICE Electronically Filed 09/29/202AY©S8 S NOTICE RCV239786KDACOnfCWatiOniWr: 29FB5B0 ICBATON 2. SPECIAL PROCESS SERVER (PREAPPROVED BY JUDGE RUSSO, SEE STANDING ORDER #13) 3. FEDERAL EXPRESS (COMPLETED) 4. FEDERAL EXPRESS (REFUSED THEN https://cpdocket.cp.cuyahogacounty.us/CV_Caselnformation_All.aspx?q=_kiOgKKFoLDaJKOa8_8r5Q2&isprint=Y 8/10 8/1/23, 10:55 AM Civil Case All Information Page REGULAR MAIL) 5. SHERIFF SERVICE 6. SECRETARY OF STATE SERVICE 7. A PARTY WAIVES SERVICE 8. COUNSEL WAIVES SERVICE UNTIL FURTHER NOTICE, UNITED STATES POSTAL SERVICE CERTIFIED MAIL IS NO LONGER AN ACCEPTABLE MEANS OF SERVICE UNLESS THE CERTIFIED MAIL RETURN CONTAINS A CLEAR, LEGIBLE SIGNATURE, AS DETERMINED BY THE COURT. IN INSTANCES WHERE THE COURT CANNOT DISCERN A CLEAR, LEGIBLE SIGNATURE OR IF THE CERTIFIED MAIL RETURN IS "SCRIBBLED" OR MARKED "COVID 19" OR IS "STAMPED WITH A SIGNATURE" OR CONTAINS A "PRINTED FIRST INITIAL AND PRINTED LAST NAME," THE COURT WILL INDICATE THAT THIS IS NOT GOOD SERVICE AND PLAINTIFF MUST RE-ATTEMPT SERVICE OR FACE DISMISSAL FOR FAILURE TO PROSECUTE. 22. PARTIES ARE TO ABIDE BY THE COURT'S STANDING ORDERS CONTAINED HEREIN AND LOCATED AT HTTP://CPCUYAHOGACOUNTY.US/JUDGES/NANCYMARGARETRUSSO. FAILURE TO COMPLY WITH ANY PORTION OF THE COURT'S STANDING ORDERS MAY RESULT IN DISMISSAL WITH OR WITHOUT PREJUDICE. NOTICE ISSUED 10/13/2021 N/A SR USPS RECEIPT NO. 45633872 DELIVERED BY USPS 10/07/2021 SIBBISON/RICHARD/ PROCESSED BY COC 10/13/2021. 10/13/2021 N/A SR USPS RECEIPT NO. 45633868 DELIVERED BY USPS 10/07/2021 SIBBISON/RICHARD/D PROCESSED BY COC 10/13/2021. 10/13/2021 N/A SR USPS RECEIPT NO. 45626468 DELIVERED BY USPS 10/06/2021 SIBBISON/RICHARD/D PROCESSED BY COC 10/13/2021. 10/13/2021 N/A SR USPS RECEIPT NO. 45626467 DELIVERED BY USPS 10/06/2021 JOHN DOE NAME UNK UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD PROCESSED BY COC 10/13/2021. 10/13/2021 N/A SR USPS RECEIPT NO. 45626466 DELIVERED BY USPS 10/06/2021 SIBBISON/RICHARD/ PROCESSED BY COC 10/13/2021. 10/12/2021 N/A MG COURT NOTIFIED THAT THE WITHIN PROPERTY IS OCCUPIED. NOTICE ISSUED 10/08/2021 P1 OT GENERAL PLEADING FILED BY PI COMMUNITY LOAN SERVICING, LLC ATTORNEY RICHARD J. SYKORA 0093134 JUDGE RUSSO PROPERTY STATUS REPORT PACKAGE 10/05/2021 D3 SR SUMS COMPLAINT(45633873) SENT BY CERTIFIED MAIL. TO: RICHARD SIBBISON 20646 CENTURYWAY ROAD MAPLE HEIGHTS, OH 44137-0000 10/05/2021 D3 SR SUMS COMPLAINT(45633872) SENT BY CERTIFIED MAIL. TO: RICHARD SIBBISON 1341 EAST 68TH STREET CLEVELAND, OH 44103 10/05/2021 D2 SR SUMS COMPLAINT(45633871) SENT BY CERTIFIED MAIL. TO: JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD 20646 CENTURYWAY ROAD MAPLE HEIGHTS, OH 44137-0000 10/05/2021 D2 SR SUMS COMPLAINT(45633870) SENT BY CERTIFIED MAIL. TO: JANE DOE NAME UNK, UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD 1341 EAST 68TH STREET CLEVELAND, OH 44103 10/05/2021 DI SR SUMS COMPLAINT(45633869) SENT BY CERTIFIED MAIL. TO: RICHARD D SIBBISON 20646 CENTURYWAY ROAD MAPLE HEIGHTS, OH 44137-0000 10/05/2021 DI SR SUMS COMPLAINT(45633868) SENT BY CERTIFIED MAIL. TO: RICHARD D SIBBISON 1341 EAST 68TH STREET CLEVELAND, OH 44103 10/04/2021 N/A SR SUMMONS E-FILE COPY COST 10/04/2021 N/A SR SUMMONS E-FILE COPY COST 10/04/2021 N/A SR SUMMONS E-FILE COPY COST 10/04/2021 D3 CS WRIT FEE 10/04/2021 D3 CS WRIT FEE 10/04/2021 D2 CS WRIT FEE 10/04/2021 D2 CS WRIT FEE 10/04/2021 N/A SR SUMMONS E-FILE COPY COST 10/04/2021 N/A SR SUMMONS E-FILE COPY COST 10/04/2021 N/A SR SUMMONS E-FILE COPY COST 10/04/2021 D1 CS WRIT FEE 10/04/2021 D1 CS WRIT FEE 10/04/2021 D3 SR SUMS COMPLAINT(45626468) SENT BY CERTIFIED MAIL. TO: RICHARD D SIBBISON 1341 EAST 68TH STREET CLEVELAND, OH 44103 10/£Oonw Filed y zow > ™ gp 29785369 batch doe name UNK UNK. SPOUSE OF RICHARD D. SIBBISON AKA RICHARD 1341 EAST 68TH fsn STR