Judgment: 09 CV E 12 1838 BAC HOME LOANS SERVICING LP vs. PICCOLO, PHIL F et al EHK

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i IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, OHIO
a BAC HOME LOANS SERVICING LP, — :
I Plaintiff, a ape Case No. 09 CV E 12 1838
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VS WA : . ~
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s PHIL F PICCOLO, et al., EVERETT H KRUEGER z s
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ms Defendants. = =
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BE
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SCHEDULING ENTRY (FORECLOSURE) a 3
Dispositive Pre-Trial Motions shall be filed with the Clerk of Courts on or before JUNE 4,
2010. Memoranda Contra shall be filed within ten (10) days after the filing of said Motion.
Replies are due within seven (7) days of the filing of the Memoranda Contra. The Motions will
come before the Court for a non-oral hearing on the date the Reply Memoranda are due. An
oral hearing will be held only if deemed necessary.
Prior to submitting any dispositive pre-trial motion, the Plaintiff shall have examined the 4
filings in the case to ensure that all materials needed to dispose of the case have been filed and

that all parties have been served. Failure to comply will result in an administrative
dismissal pursuant to Civil Rule 41 (B)(1) on JUNE 8, 2010.

The filings must include:

(1) A copy of the Note and evidence that the Plaintiff is the holder in due course of the

Note. If the Note does not reflect that the Plaintiff is the holder, an Assignment of

Note must be filed, proving that the Plaintiff is the holder of the Note;
(2) A copy of the Mortgage and evidence that the Plaintiff is the Mortgagee of the
Mortgage. If the Mortgage does not reflect that the Plaintiff is the Mortgagee, an

Assignment of the Mortgage must be filed, proving that the Plaintiff is the Mortgagee.

ACI ree Ee(3) A Commitment for an Owner's Policy of Title insurance, as required by Local
Rule 38.01;

(4) The Complaint must list all interests in the real estate;

(5) A Statement of Acceptability, as required by Local Rule 38.02;

(6) The description of the property contained in the Complaint and in the final entry must
match the description of the property contained in the Statement of Acceptability;

(7) Evidence that the Defendant is not serving in the military, a minor, or incompetent; if
Default Judgment is sought;

(8) All dispositive motions submitted to the Court must be accompanied by a proposed
Entry for the Court's review and approval; and

(9) Any proposed entry must include a resoiution of all claims; the sums stated in the
entry must match the sums stated in the Complaint.

There will be no extension of any deadline or date established in this order by

agreement of the Parties. A Motion and Order are required for any modification.

IT 1S SO ORDERED.

DATED: 5/7/2010 Peuth

EVERETT H. KRUEGER, JUD!

 

  

 

The Clerk of this Couptis hereby ORDERED to serve a copy of this Judgment Entry upon all parties or counsel oo
Regular U.S. Mail Karomey mailbox at Delaware County Courthouse (3 Facsimile transmission.

 

 

 

ce. CHRISTOPHER R. BETTS, ATTORNEY FOR TREASURER
JILL L FEALKO, P.O. BOX 5480, CINCINNATI, OH 45201-5480
JONATHAN C LEWIS, 31 WEST WINTER STREET, DELAWARE, OH 43015

 

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