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Motion No. 4935799
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION FOR DEFAULT JUDGMENT
June 10,2021 14:23
By: THOMAS J. NOYACK 0038570
Confirmation Nbr. 2274353
EQUITY TRUST COMPANY CUSTODIAN FBO CV 21 943478
#200318641 IRA
vs.
Judge: BRIAN J. CORRIGAN
STEVEN W. BARRY, ET AL.
Pages Filed: 5
Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
Equity Trust Company Custodian FBO )
#200318641 IRA, ) Case No.: CV 21 943478
)
Plaintiff, ) Magistrate: Gina Lunsford
)
) Judge: Brian J. Corrigan
V. )
) Parcel No.: 643-14-061
Steven W. Barry, et al., )
)
Defendants. )
MOTION FOR DEFAULT JUDGMENT
Pursuant to Rule 55, Ohio Rules of Civil Procedure, Plaintiff, Equity Trust Company
Custodian FBO #200318641 IRA (hereinafter the “Plaintiff’) moves this Court for default
judgment as the defendants have failed to move or plead as required by the Ohio Rules of Civil
Procedure. This motion is supported by the affidavit of Colin R. Beach, Counsel for Plaintiff,
Equity Trust Company Custodian FBO #200318641 IRA, and by the affidavit of A. Matthew
Crowley attached hereto as Exhibit “A”.
WALKER NOYACK LEGAL GROUP, LLC
/s/ Thomas J. Novack______________
Thomas J. Novack (0038570)
Colin R. Beach (0080210)
5013 Pine Creek Drive
Westerville, OH 43081
Phone: (614) 423-8276
Fax: (614) 767-0695
Email: tom@walkemovack.com
Attorneys for Equity Trust Company Custodian FBO
#200318641 IRA
Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB
MEMORANDUM IN SUPPORT
This Foreclosure action was filed on March 18, 2021. All of the defendants have been
properly served in accordance with the Ohio Rules of Civil Procedures. None of the defendants
are known or believed to be a minors or incompetent persons. None of the defendants are known
or believed to be in active military service.
Defendants, Steven W. Barry, Lena J. Cody and City of Euclid, are in default of answer as
they have failed to move or plead as required by the Ohio Rules of Civil Procedure and Plaintiff
is entitled to judgment against them as demanded in the complaint.
Therefore, Plaintiff is entitled to a default judgment for amounts and relief demanded in its
complaint.
WALKER NOVACK LEGAL GROUP, LLC
/s/ Thomas J. Novack______
Thomas J. Novack (0038570)
Colin R. Beach (0080210)
5013 Pine Creek Drive
Westerville, OH 43081
Phone: (614) 423-8276
Fax: (614) 767-0695
Email: tom@walkernovack.com
Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB
CERTIFICATE OF SERVICE
Plaintiff served a true copy of the foregoing Motion and Affidavit this |\) day of June,
2021, by Ordinary U.S. Mail to:
Steven W. Barry
818 Timothy Lane
Cleveland, OH 44109
Lena J. Cody
931 E 228th Street
Euclid, OH 44123
Melanie Cornelius
Assistant Attorney General
Collections Enforcement Section
30 East Broad Street, 14th Floor
Columbus, OH 43215
City of Euclid
c/o David A. Head, Esq
965 Keynote Circle
Brooklyn Heights, OH 44131
Michael C. O’Malley
Assistant Prosecuting Attorney - Tax Foreclosure
310 W. Lakeside Ave., Ste. 300
Cleveland, OH 44113
WALKER NOVACK LEGAL GROUP, LLC
/s/ Thomas J. Novack______
Thomas J. Novack (0038570)
Colin R. Beach (0080210)
5013 Pine Creek Drive
Westerville, OH 43081
Phone: (614) 423-8276
Fax: (614) 767-0695
Email: tom@walkernovack.com
Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB
I EXHIBIT
p _ A
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
Equity Trust Company Custodian FBO )
#200318641 IRA, ) Case No.: CV 21 943478
)
Plaintiff, ) Magistrate: Gina Lunsford
)
) Judge: Brian J. Corrigan
V. )
) Parcel No.: 643-14-061
Steven W. Barry, et al.. )
) AFFIDAVIT IN SUPPORT
Defendants. ) OF JUDGMENT
STATE OF UTAH )
) SS.
COUNTY OF SALT LAKE )
, being first duly sworn on oath, deposes and states as follows:
1. I am an Account Manager of American Loan Servicing (“ALS”), servicer for Equity
Trust Company Custodian FBO #200318641 IRA (“Equity’). In that capacity, I am
authorized to execute this affidavit on behalf of Equity. The statements made in this
Affidavit are based on my personal knowledge.
2. lam over the age of 18 and competent to testify as to the matters contained herein.
3. For convenience, the following party or parties listed on the Promissory Note are
referred herein as “Borrower”: Steven W. Barry.
4. In my capacity as Account Manager, I have access to ALS's business records,
including the business records for and relating to the Borrower's loan. I make this affidavit
based upon my review of those records relating to the Borrower's loan and from my own
personal knowledge of how they are kept and maintained. The loan records for the
Borrower are maintained by ALS in the course of its regularly conducted business activities
and are made at or near the time of the event, by or from information transmitted by a
person with knowledge.
Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB
5. ALS's business records that relate to the Borrower's loan that I reviewed and relied
upon for the statements made in this affidavit include but are not limited to the Promissory
Note, Mortgage, and Equity's account ledger. True and exact copies of the Promissory Note
and Mortgage are attached to the Complaint.
6. ALS’s records contain a Promissory Note in the amount of $81,357.00 secured by a
Mortgage on a property located at 931 E 228th Street, Euclid, OH 44123. ALS is and has
been in the continuous possession of the original Promissory Note and Mortgage since the
filing of the Complaint. ALS is the holder and servicer of the loan.
7. The Borrower has defaulted under the terms of the Promissory Note and Mortgage.
The Borrower's default on the Promissory Note and Mortgage has not been cured, and the
loan balance has been accelerated making the entire balance due and owing in accordance
with the terms of the loan documents.
As a result of the Borrower's default, ALS is owed, on the first mortgage, the principal sum
of $28,255.41, together with interest at the rate of 6.500% from July 1, 2020, late fees in the
amount of $53.83, escrow advances in the amount of $351.77, and court costs.
Subscribed and sworn to before me this Z day of , 2021.
ELIZABETH FLOWERS
N0T4RYPUBUC-SMTE0FUWH
if/?/commission#/were
My Commission expires:
COMM. EXP. 02-21-2024
Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB
Preview
Motion No. 4935799 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION FOR DEFAULT JUDGMENT June 10,2021 14:23 By: THOMAS J. NOYACK 0038570 Confirmation Nbr. 2274353 EQUITY TRUST COMPANY CUSTODIAN FBO CV 21 943478 #200318641 IRA vs. Judge: BRIAN J. CORRIGAN STEVEN W. BARRY, ET AL. Pages Filed: 5 Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Equity Trust Company Custodian FBO ) #200318641 IRA, ) Case No.: CV 21 943478 ) Plaintiff, ) Magistrate: Gina Lunsford ) ) Judge: Brian J. Corrigan V. ) ) Parcel No.: 643-14-061 Steven W. Barry, et al., ) ) Defendants. ) MOTION FOR DEFAULT JUDGMENT Pursuant to Rule 55, Ohio Rules of Civil Procedure, Plaintiff, Equity Trust Company Custodian FBO #200318641 IRA (hereinafter the “Plaintiff’) moves this Court for default judgment as the defendants have failed to move or plead as required by the Ohio Rules of Civil Procedure. This motion is supported by the affidavit of Colin R. Beach, Counsel for Plaintiff, Equity Trust Company Custodian FBO #200318641 IRA, and by the affidavit of A. Matthew Crowley attached hereto as Exhibit “A”. WALKER NOYACK LEGAL GROUP, LLC /s/ Thomas J. Novack______________ Thomas J. Novack (0038570) Colin R. Beach (0080210) 5013 Pine Creek Drive Westerville, OH 43081 Phone: (614) 423-8276 Fax: (614) 767-0695 Email: tom@walkemovack.com Attorneys for Equity Trust Company Custodian FBO #200318641 IRA Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB MEMORANDUM IN SUPPORT This Foreclosure action was filed on March 18, 2021. All of the defendants have been properly served in accordance with the Ohio Rules of Civil Procedures. None of the defendants are known or believed to be a minors or incompetent persons. None of the defendants are known or believed to be in active military service. Defendants, Steven W. Barry, Lena J. Cody and City of Euclid, are in default of answer as they have failed to move or plead as required by the Ohio Rules of Civil Procedure and Plaintiff is entitled to judgment against them as demanded in the complaint. Therefore, Plaintiff is entitled to a default judgment for amounts and relief demanded in its complaint. WALKER NOVACK LEGAL GROUP, LLC /s/ Thomas J. Novack______ Thomas J. Novack (0038570) Colin R. Beach (0080210) 5013 Pine Creek Drive Westerville, OH 43081 Phone: (614) 423-8276 Fax: (614) 767-0695 Email: tom@walkernovack.com Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB CERTIFICATE OF SERVICE Plaintiff served a true copy of the foregoing Motion and Affidavit this |\) day of June, 2021, by Ordinary U.S. Mail to: Steven W. Barry 818 Timothy Lane Cleveland, OH 44109 Lena J. Cody 931 E 228th Street Euclid, OH 44123 Melanie Cornelius Assistant Attorney General Collections Enforcement Section 30 East Broad Street, 14th Floor Columbus, OH 43215 City of Euclid c/o David A. Head, Esq 965 Keynote Circle Brooklyn Heights, OH 44131 Michael C. O’Malley Assistant Prosecuting Attorney - Tax Foreclosure 310 W. Lakeside Ave., Ste. 300 Cleveland, OH 44113 WALKER NOVACK LEGAL GROUP, LLC /s/ Thomas J. Novack______ Thomas J. Novack (0038570) Colin R. Beach (0080210) 5013 Pine Creek Drive Westerville, OH 43081 Phone: (614) 423-8276 Fax: (614) 767-0695 Email: tom@walkernovack.com Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB I EXHIBIT p _ A IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Equity Trust Company Custodian FBO ) #200318641 IRA, ) Case No.: CV 21 943478 ) Plaintiff, ) Magistrate: Gina Lunsford ) ) Judge: Brian J. Corrigan V. ) ) Parcel No.: 643-14-061 Steven W. Barry, et al.. ) ) AFFIDAVIT IN SUPPORT Defendants. ) OF JUDGMENT STATE OF UTAH ) ) SS. COUNTY OF SALT LAKE ) , being first duly sworn on oath, deposes and states as follows: 1. I am an Account Manager of American Loan Servicing (“ALS”), servicer for Equity Trust Company Custodian FBO #200318641 IRA (“Equity’). In that capacity, I am authorized to execute this affidavit on behalf of Equity. The statements made in this Affidavit are based on my personal knowledge. 2. lam over the age of 18 and competent to testify as to the matters contained herein. 3. For convenience, the following party or parties listed on the Promissory Note are referred herein as “Borrower”: Steven W. Barry. 4. In my capacity as Account Manager, I have access to ALS's business records, including the business records for and relating to the Borrower's loan. I make this affidavit based upon my review of those records relating to the Borrower's loan and from my own personal knowledge of how they are kept and maintained. The loan records for the Borrower are maintained by ALS in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB 5. ALS's business records that relate to the Borrower's loan that I reviewed and relied upon for the statements made in this affidavit include but are not limited to the Promissory Note, Mortgage, and Equity's account ledger. True and exact copies of the Promissory Note and Mortgage are attached to the Complaint. 6. ALS’s records contain a Promissory Note in the amount of $81,357.00 secured by a Mortgage on a property located at 931 E 228th Street, Euclid, OH 44123. ALS is and has been in the continuous possession of the original Promissory Note and Mortgage since the filing of the Complaint. ALS is the holder and servicer of the loan. 7. The Borrower has defaulted under the terms of the Promissory Note and Mortgage. The Borrower's default on the Promissory Note and Mortgage has not been cured, and the loan balance has been accelerated making the entire balance due and owing in accordance with the terms of the loan documents. As a result of the Borrower's default, ALS is owed, on the first mortgage, the principal sum of $28,255.41, together with interest at the rate of 6.500% from July 1, 2020, late fees in the amount of $53.83, escrow advances in the amount of $351.77, and court costs. Subscribed and sworn to before me this Z day of , 2021. ELIZABETH FLOWERS N0T4RYPUBUC-SMTE0FUWH if/?/commission#/were My Commission expires: COMM. EXP. 02-21-2024 Electronically Filed 06/10/202114:23 / MOTION / CV 21 943478 / Confirmation Nbr. 2274353 / CLAJB