Preview
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
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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.
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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 44137Â
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
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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
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DOCKET. CASES STAYED DUE TO BANKRUPTCY MAY BE RETURNED TO THE
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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
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