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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2021-09-29
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 72 entries
Disposition DIS. W/O PREJ

Parties

Plaintiff Wilmington Trust National Association As Successor Trustee To Citibank, N.a., As Trustee For Bnc Mortgage Loan Trust Series 2007 3, Mortgage Pass Through Certificates, Series 2007 3
Defendant David B. Blagg|Sheila Blagg|Weco Funds, Inc.|Economic And Community Development Institute, Inc. Steven H.o. Fireman|Citizens Bank, N.a. C/o Corporation Service Company
Photo of Hon. Mark R Majer

Judge

Hon. Mark R Majer

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. JUDGMENT ENTRY(47570388) SENT BY REGULAR MAIL SERVICE. TO: CITIZENS BANK, N.A. 50 WEST BROAD STREET SUITE 1330 COLUMBUS, OH 43215
  2. JUDGMENT ENTRY(47570387) SENT BY REGULAR MAIL SERVICE. TO: WECO FUNDS, INC. 3209 CHESTER AVENUE CLEVELAND, OH 44114
  3. JUDGMENT ENTRY(47570386) SENT BY EMAIL. TO: TIMOTHY A GREEN [email protected]
  4. JUDGMENT ENTRY(47570385) SENT BY EMAIL. TO: JESSICA M. JOHNSON [email protected]
  5. JUDGMENT ENTRY(47570384) SENT BY EMAIL. TO: DIANA B H KHOURI [email protected]
  6. JUDGMENT ENTRY(47570383) SENT BY EMAIL. TO: STEVEN H.O. FIREMAN [email protected]
  7. A REVIEW OF THE DOCKET REVEALS THAT ON 4/6/22, THE COURT ORDERED PLAINTIFF TO PERFECT SERVICE ON ANY CURRENTLY-UNSERVED DEFENDANTS ON OR BEFORE 5/12/22, OR THE COMPLAINT WOULD BE DISMISSED WITHOUT PREJUDICE. AS OF THE DATE OF THIS ORDER, PLAINTIFF FAILED TO COMPLY WITH THE COURT'S 4/6/22 ORDER (SPECIFICALLY, PLAINTIFF FAILED TO PERFECT SERVICE ON DEFENDANTS WECO FUNDS, INC.). PURSUANT TO THE COURT'S 4/6/22 ORDER AND THE CASE MANAGEMENT DIRECTIVE, THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. (FINAL). COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  8. ON 01/19/2022 THE WITHIN NAMED WECO FUNDS, INC. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  9. AFTER REVIEWING PLAINTIFF'S REPLY TO MAGISTRATE'S ORDER DATED MARCH 30, 2022, AND THE RECORD OF THIS CASE, PLAINTIFF IS ORDERED TO PERFECT SERVICE ON ANY CURRENTLY-UNSERVED DEFENDANTS ON OR BEFORE 5/12/22. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. THE COURT WILL NOT ENTERTAIN ANY MOTIONS SEEKING EXTENSIONS OF TIME TO COMPLY WITH THIS ORDER. NOTICE ISSUED
  10. GENERAL PLEADING FILED BY P1 WILMINGTON TRUST NATIONAL ASSOCIATION ATTORNEY JESSICA M. JOHNSON 0093300 REPLY TO MAGISTRATE'S ORDER
  11. A REVIEW OF THE DOCKET REVEALS THAT ON 10/5/21, THE COURT ORDERED PLAINTIFF TO PERFECT SERVICE OF ITS COMPLAINT, FILED 9/29/21, PURSUANT TO CIV.R. 4(E) OR THE COMPLAINT WOULD BE DISMISSED WITHOUT PREJUDICE. AS OF THE DATE OF THIS ORDER, PLAINTIFF FAILED TO PERFECT SERVICE ON ALL DEFENDANTS IN THIS CASE, PLAINTIFF IS ORDERED TO SHOW CAUSE, WITHIN SEVEN (7) DAYS OF THE DATE OF THIS ORDER, AS TO WHY ITS COMPLAINT SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR ITS FAILURE TO COMPLY WITH CIV.R. 4(E) AND THE COURT'S 10/5/21 ORDER. PLAINTIFF'S RESPONSE MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT (SIMPLY FILING SERVICE RETURNS FOR ANY CURRENTLY-UNSERVED DEFENDANTS OR REQUESTING NEW SERVICE, WITHOUT RESPONDING DIRECTLY TO THIS ORDER, WILL NOT BE CONSIDERED A VALID RESPONSE TO THIS ORDER AND WILL RESULT IN THE QUASHING OF ANY NEW SERVICE ATTEMPTS, AS WELL AS DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE). FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  12. SUMS COMPLAINT(46488268) SENT BY SPECIAL PROCESS SERVER. TO: WECO FUNDS, INC. C/O GEORGE R. BARANY, OWNER 2858 BERKSHIRE ROAD CLEVELAND HEIGHTS, OH 44118-0000
  13. SUMMONS E-FILE COPY COST
  14. WRIT FEE
  15. REQUEST FOR SERVICE FILED PROCESS SERVER
  16. CERTIFIED MAIL RECEIPT NO. 45621211 RETURNED 12/17/2021 FAILURE OF SERVICE ON DEFENDANT BLAGG/SHEILA/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  17. CERTIFIED MAIL NUMBER 45621213 ADDRESSED TO ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE, INC.(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  18. GENERAL PLEADING FILED BY DEFENDANT(S) DAVID B. BLAGG(D1) and SHEILA BLAGG(D2) ATTORNEY DIANA B H KHOURI 0067530 ANSWER OF DEFENDANTS DAVID BLAGG AND SHEILA BLAGG TO PLAINTIFF'S COMPLAINT FOR FORECLOSURE AND REFORMATION AND RELIEF
  19. CERTIFIED MAIL RECEIPT NO. 45621212 RETURNED 10/13/2021 FAILURE OF SERVICE ON DEFENDANT WECO FUNDS, INC. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  20. CERTIFIED MAIL RECEIPT NO. 45621211 RETURNED 10/30/2021 FAILURE OF SERVICE ON DEFENDANT BLAGG/SHEILA/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  21. CERTIFIED MAIL RECEIPT NO. 45621210 RETURNED 10/30/2021 FAILURE OF SERVICE ON DEFENDANT BLAGG/DAVID/B. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  22. ON 10/07/2021 I SERVED THE WITHIN NAMED CITIZENS BANK, N.A. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  23. ON 10/07/2021 I SERVED THE WITHIN NAMED ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE, INC. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  24. ON 10/06/2021 I SERVED THE WITHIN NAMED BLAGG/DAVID/B. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. ON 10/05/2021 THE WITHIN NAMED WECO FUNDS, INC. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO VACANT
  26. ON 10/06/2021 I SERVED THE WITHIN NAMED BLAGG/SHEILA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  27. ANSWER FILED BY D4 ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE, INC. ATTORNEY TIMOTHY A GREEN 0095422 ECDI'S ANSWER TO PLAINTIFF'S COMPLAINT FOR FORECLOSURE
  28. USPS RECEIPT NO. 45621214 DELIVERED BY USPS 10/06/2021 CITIZENS BANK, N.A. PROCESSED BY COC 10/13/2021.
  29. USPS RECEIPT NO. 45621212 DELIVERED BY USPS 10/08/2021 WECO FUNDS, INC. PROCESSED BY COC 10/13/2021.
  30. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 9/29/21. ALTHOUGH SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  31. SUMS COMPLAINT(45621214) SENT BY CERTIFIED MAIL. TO: CITIZENS BANK, N.A. 50 WEST BROAD STREET SUITE 1330 COLUMBUS, OH 43215
  32. SUMS COMPLAINT(45621213) SENT BY CERTIFIED MAIL. TO: ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE, INC. 1655 OLD LEONARD AVENUE COLUMBUS, OH 43219
  33. SUMS COMPLAINT(45621212) SENT BY CERTIFIED MAIL. TO: WECO FUNDS, INC. 3209 CHESTER AVENUE CLEVELAND, OH 44114
  34. SUMS COMPLAINT(45621211) SENT BY CERTIFIED MAIL. TO: SHEILA BLAGG 5713 PARKLAND DRIVE PARMA, OH 44130
  35. SUMS COMPLAINT(45621210) SENT BY CERTIFIED MAIL. TO: DAVID B. BLAGG 5713 PARKLAND DRIVE PARMA, OH 44130
  36. SUMS COMPLAINT(45621209) SENT BY SPECIAL PROCESS SERVER. TO: CITIZENS BANK, N.A. 50 WEST BROAD STREET SUITE 1330 COLUMBUS, OH 43215
  37. SUMS COMPLAINT(45621208) SENT BY SPECIAL PROCESS SERVER. TO: ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE, INC. 1655 OLD LEONARD AVENUE COLUMBUS, OH 43219
  38. SUMS COMPLAINT(45621207) SENT BY SPECIAL PROCESS SERVER. TO: WECO FUNDS, INC. 3209 CHESTER AVENUE CLEVELAND, OH 44114
  39. SUMS COMPLAINT(45621206) SENT BY SPECIAL PROCESS SERVER. TO: SHEILA BLAGG 5713 PARKLAND DRIVE PARMA, OH 44130
  40. SUMS COMPLAINT(45621205) SENT BY SPECIAL PROCESS SERVER. TO: DAVID B. BLAGG 5713 PARKLAND DRIVE PARMA, OH 44130
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. WRIT FEE
  47. WRIT FEE
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. SUMMONS E-FILE COPY COST
  52. SUMMONS E-FILE COPY COST
  53. WRIT FEE
  54. WRIT FEE
  55. WRIT FEE
  56. WRIT FEE
  57. WRIT FEE
  58. SUMMONS E-FILE COPY COST
  59. SUMMONS E-FILE COPY COST
  60. WRIT FEE
  61. ALL 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
  62. MAGISTRATE CHRISTOPHER DAY ASSIGNED (MANUALLY)
  63. IT 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
  64. JUDGE DICK AMBROSE ASSIGNED (RANDOM)
  65. SPECIAL PROJECTS FUND FEE
  66. LEGAL RESEARCH
  67. LEGAL NEWS
  68. LEGAL AID
  69. COMPUTER FEE
  70. CLERK'S FEE
  71. DEPOSIT AMOUNT PAID JESSICA M. JOHNSON
  72. DEPOSIT AMOUNT PAID JESSICA M. JOHNSON

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