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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-04-20
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 149 entries

Parties

Plaintiff U.s. Bank National Association As Successor By Merger Of U.s. Bank National Association Nd
Defendant Gary D. Banks|Jane Doe, Name Unknown, Spouse Of Gary D. Banks|Activa Property Group, Llc.
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. HERIFF'S SUPPLEMENTAL RETURN: SHERIFF TO HOLD FOR FURTHER ORDER OF THE COURT PAID: CLERK OF COURTS- RESTITUTION FUNDS $1,323.77
  3. EPOSIT AMOUNT PAID SHERIIFF
  4. EPOSIT REQUIRED FOR COST FOR RESTITUTION FUND $51,323.77 SHERIIFF
  5. LAINTIFF'S MOTION TO VACATE SALE, VACATE DEED, CONFIRMATION OF SALE AND JUDGMENT AND TO DISMISS COMPLAINT DUE TO REDEMPTION IS DENIED. AGREED ORDER ATTACHED. O.S.J. NOTICE ISSUED
  6. LAINTIFF'S MOTION TO VACATE SALE, VACATE DEED, CONFIRMATION OF SALE AND JUDGMENT AND TO DISMISS COMPLAINT DUE TO REDEMPTION IS DENIED. AGREED ORDER ATTACHED. O.S.J. NOTICE ISSUED
  7. HEARING HELD ON THE MOTION TO VACATE. PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND / OR A CONSENT ENTRY ARE DUE 11/22/24. NOTICE ISSUED
  8. OTICE OF APPEARANCE, FILED D1 GARY D. BANKS ROBERT E ADELMAN 0070262. NOTICE OF APPEARANCE OF COUNSEL AND REQUEST TO APPEAR REMOTELY FOR THE NOVEMBER 18, 2024, HEARING
  9. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 NOTICE OF HEARING ON MOTION TO VACATE DEED, CONFIRMATION AND JUDGMENT AND DISMISS COMPLAINT
  10. HE MOTION TO VACATE THE SHERIFF'S SALE, CONFIRMATION AND JUDGMENT IS SET FOR HEARING ON 11/18/24 AT 9:00 AM. NOTICE ISSUED
  11. OTION HEARING SET FOR 11/18/2024 AT 09:00 AM. (Notice Sent).
  12. OTION TO CONTINUE MOTION HEARING IS GRANTED. HEARING TO BE RESET BY SEPARATE ORDER. NOTICE ISSUED
  13. EARING SCHEDULED FOR 09/27/2024 AT 11:00 AM IS CANCELLED.
  14. HECK WRITTEN TO U.S. BANK NATIONAL ASSOCIATION FOR DOCKET ID 154597014 IN THE AMOUNT OF $376
  15. 3 ACTIVA PROPERTY GROUP, LLC.'S MOTION FOR CONTINUANCE EDWARD F. HERMAN 0086598. ^F^ MOTION TO CONTINUE MOTION HEARING 09/24/2024 - GRANTED
  16. RIEF IN OPPOSITION FILED BY D3 ACTIVA PROPERTY GROUP, LLC. EDWARD F. HERMAN 0086598 BRIEF IN OPPOSITION TO BRIEF IN OPPOSITION TO SALE, VACATE DEED, CONFIRMATION OF SALE AND JUDGMENT AND TO DISMISS COMPLAINT
  17. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 NOTICE OF HEARING MOTION TO VACATE DEED, CONFIRAMTION OF SALE AND JUDGMENT AND TO DISMISS COMPLAINT DUE TO REDEMPTION
  18. HEARING ON THE PLAINTIFF'S MOTION TO VACATE IS SET FOR 09/27/24 AT 11:00 AM. NOTICE ISSUED
  19. URCHASER'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR RELIEF, FILED 08/08/2024, IS UNOPPOSED AND GRANTED. RESPONSE IS DUE 09/09/24. NOTICE ISSUED
  20. EARING SET FOR 09/27/2024 AT 11:00 AM.
  21. OTION FOR EXTENSION OF TIME MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR RELIEF 08/28/2024 - UNOPPOSED AND GRANTED
  22. EPOSIT AMOUNT PAID SHERIFF
  23. LERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $4,446.71
  24. ASE REFUND TO PADGETT LAW GROUP
  25. EFUND BALANCE OF CASE COST DEPOSIT TO EDWARD F. HERMAN
  26. EPOSIT AMOUNT PAID SHERIFF
  27. EPOSIT REQUIRED FOR COURT COST TO CLERK $1,249.26 SHERIFF
  28. O COURT: 08/01/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: ACTIVA PROPERTIES GROUP LLC ........................................................................................... FOR $59,200.00 DATE OF SALE 09/05/2023 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  29. OST JUDGMENT MOTION $30 ELLEN L FORNASH (0085284) PLAINTIFF'S MOTION TO VACATE SALE, VACATE DEED, CONFIRMATION OF SALE AND JUDGMENT AND TO DISMISS COMPLAINT DUE TO REDEMPTION
  30. EPOSIT AMOUNT PAID JACQUELINE WIRTZ
  31. OTION TO INTERVENE IS UNOPPOSED AND GRANTED. THE CLERK IS ORDERED TO LIST "ACTIVA PROPERTY GROUP LLC" AS A DEFENDANT HEREIN WITH ATTORNEY EDWARD HERMAN (0086598) REPRESENTING SAID DEFENDANT. NOTICE ISSUED
  32. OST JUDGMENT MOTION $30 ACTIVA PROPERTY GROUP LLC EDWARD F. HERMAN (0086598) MOTION TO INTERVENE 07/17/2024 - UNOPPOSED AND GRANTED
  33. EPOSIT AMOUNT PAID EDWARD F. HERMAN
  34. UDGMENT ENTRY(53573426) SENT BY REGULAR MAIL SERVICE. TO: BRYAN BARCH 1180 DUBLIN RD., P.O.BOX 12009, COLUMBUS, OH 43212-0000
  35. UDGMENT ENTRY(53573425) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  36. UDGMENT ENTRY(53573424) SENT BY EMAIL. TO: HUNTER G. CAVELL [email protected]
  37. UDGMENT ENTRY(53573423) SENT BY EMAIL. TO: JACQUELINE WIRTZ [email protected]
  38. UDGMENT ENTRY(53573422) SENT BY EMAIL. TO: JACQUELINE WIRTZ [email protected]
  39. UDGMENT ENTRY(53573421) SENT BY EMAIL. TO: ELLEN L FORNASH [email protected]
  40. UDGMENT ENTRY(53573420) SENT BY EMAIL. TO: ELLEN L FORNASH [email protected]
  41. ECREE OF CONFIRMATION (Parcel(s) #78223078) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO ACTIVA PROPERTIES GROUP LLC A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  42. EFENDANT'S MOTION TO STAY CONFIRMATION IS GRANTED. DEFENDANT TO DEPOSIT ALL NECESSARY REDEMPTIONS FUNDS WITH THE CLERK OF COURTS AND SUBMIT A PROPOSED ORDER OF REDEMPTION TO THE COURT ON OR BEFORE 1/26/24. NOTICE ISSUED
  43. OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO STAY CONFIRMATION OF SALE 01/17/2024 - UNOPPOSED AND GRANTED
  44. LAINTIFF'S MOTION FOR SUPPLEMENTAL DISTRIBUTION IS GRANTED IN PART. O.S.J. NOTICE ISSUED
  45. EFENDANT GARY BANKS' MOTION TO STAY CONFIRMATION OF SALE IS UNOPPOSED AND GRANTED. THE CONFIRMATION IS STAYED UNTIL 11/30/23. DEFENDANT TO DEPOSIT ALL NECESSARY REDEMPTIONS FUNDS WITH THE CLERK OF COURTS AND SUBMIT A PROPOSED ORDER OF REDEMPTION TO THE COURT ON OR BEFORE 11/30/23. NOTICE ISSUED
  46. OTION FILED FOR D1 GARY D. BANKS HUNTER G. CAVELL 0090567 MOTION TO STAY CONFIRMATION OF SALE 10/30/2023 - UNOPPOSED AND GRANTED
  47. FFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 AFFIDAVIT IN SUPPORT OF MOTION FOR SUPPLEMENTAL DISTRIBUTION
  48. OTION FOR DISTRIBUTION / DISBURSEMENT OF FUNDS FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF PLAINTIFF'S MOTION FOR SUPPLEMENTAL DISTRIBUTION 11/17/2023 - GRANTED IN PART
  49. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $617.40 PREPAID TO LEGAL NEWS.
  50. OS ORDER OF SALE RETURNED 9/6/2023, SOLD DATE 9/5/2023 SOLD TO: ACTIVA PROPERTIES GROUP LLC FOR $59,200.00
  51. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY JACQUELINE WIRTZ 0090268 NOTICE OF SALE
  52. ECORDER'S FEE $1.00
  53. ERTIFICATE OF TITLE $376.00 PAY TO U.S. BANK NATIONAL ASSOCIATION
  54. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/05/2023 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/05/2023 IT WILL BE RE-OFFERED ON 09/18/2023 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: LANA BLAZE, APPRAISAL COST: $50 REGULAR FEE. THOMAS P HOGAN, APPRAISAL COST: $52.7 REGULAR FEE AND MILEAGE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-22-962261 DATED THIS 1st DAY OF AUGUST, 2023 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  55. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 782-23-078
  56. EAL AUCTION
  57. EPOSIT AMOUNT PAID JACQUELINE WIRTZ
  58. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  59. UDGMENT ENTRY(51117442) SENT BY REGULAR MAIL SERVICE. TO: GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  60. DEFENDANT GARY D. BANKS'S MOTION FOR CONTINUANCE PURSUANT TO OHIO CIVIL RULE 56(F), FILED 11/18/2022, IS GRANTED. BRIEF IN OPPOSITION TO THE PLAINTIFF'S MSJ IS DUE 02/05/23. NOTICE ISSUED
  61. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 01/24/2023 AT 10:30AM BEFORE MAGISTRATE AMY R JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  62. D1 GARY D. BANKS'S MOTION FOR CONTINUANCE J CHARLES RUIZ-BUENO 0046806. ^F^ DEFENDANT'S MOTION FOR CONTINUANCE PURSUANT TO OHIO CIVIL RULE 56(F) 12/03/2022 - GRANTED
  63. MOTION FILED FOR P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ELLEN L FORNASH 0085284 PLAINTIFF'S MOTION TO STRIKE GARY BANKS' MOTION TO COMPEL, OR, IN THE ALTERNATIVE, REPLY IN OPPOSITION THERETO 12/03/2022 - MOOT
  64. AFFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION TO STRIKE MOTION TO COMPEL
  65. AFFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 AFFIDAVIT OF ATTORNEY ELLEN L. FORNASH
  66. AFFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 AFFIDAVIT OF MILITARY STATUS
  67. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO STRIKE JURY DEMAND 12/03/2022 - HELD IN ABEYANCE
  68. GENERAL PLEADING FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 FINAL JUDICIAL REPORT
  69. MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT 01/24/2023 - HELD IN ABEYANCE
  70. AFFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 AFFIDAVIT IN SUPPORT OF JUDGMENT
  71. MOTION FILED FOR D1 GARY D. BANKS J CHARLES RUIZ-BUENO 0046806 DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO FULLY ANSWER 12/05/2022 - DENIED
  72. TELEPHONE PRETRIAL HELD. PLAINTIFF WILL FILE ITS DISPOSITIVE MOTIONS WITHIN 30 DAYS OF THIS ORDER. NOTICE ISSUED
  73. TELEPHONE CONFERENCE PREVIOUSLY SCHEDULED FOR 10/14/2022 AT 09:00 AM IS RESCHEDULED FOR 10/14/2022 AT 02:30 PM. . . NOTICE ISSUED
  74. TELEPHONE CONFERENCE SCHEDULED FOR 10/14/2022 AT 09:00 AM IS CANCELLED. MAGISTRATE: AMY R JACKSON (0075741) REASON: UNKNOWN (notice sent).
  75. TELEPHONE PRETRIAL HELD BY MAGISTRATE. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT BANKS PARTICIPATED. FACT DISCOVERY CUT-OFF IS 10/14/22. NEXT TELEPHONE PRETRIAL IS SET FOR 10/14/22 AT 9:00 AM. COUNSEL TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE CONFERENCE. NOTICE ISSUED
  76. TELEPHONE CONFERENCE SET FOR 10/14/2022 AT 09:00 AM.
  77. TELEPHONE PRETRIAL SET FOR 06/28/2022 AT 01:30 PM. ATTORNEYS / SELF REPRESENTED PARTIES ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE HEARING. NOTICE ISSUED
  78. ANSWER FILED BY D1 GARY D. BANKS ATTORNEY J CHARLES RUIZ-BUENO 0046806 ANSWER OF GARY D. BANKS
  79. CERTIFIED MAIL RECEIPT NO. 47330607 RETURNED 5/11/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  80. ON 04/25/2022 I SERVED THE WITHIN NAMED BANKS/GARY/D. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  81. ON 04/25/2022 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  82. NOTICE OF SUMMONS SERVICE RETURN FILED
  83. NOTICE OF SUMMONS SERVICE RETURN FILED
  84. USPS RECEIPT NO. 47330605 DELIVERED BY USPS 04/23/2022 BANKS/GARY/D. PROCESSED BY COC 04/29/2022.
  85. SUMS COMPLAINT(47330607) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  86. SUMS COMPLAINT(47330605) SENT BY CERTIFIED MAIL. TO: GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  87. SUMS COMPLAINT(47330606) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  88. SUMS COMPLAINT(47330604) SENT BY SPECIAL PROCESS SERVER. TO: GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  89. 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
  90. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  91. 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
  92. SUMMONS E-FILE COPY COST
  93. SUMMONS E-FILE COPY COST
  94. WRIT FEE
  95. WRIT FEE
  96. SUMMONS E-FILE COPY COST
  97. SUMMONS E-FILE COPY COST
  98. WRIT FEE
  99. WRIT FEE
  100. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  101. SPECIAL PROJECTS FUND FEE
  102. LEGAL RESEARCH
  103. LEGAL NEWS
  104. LEGAL AID
  105. COMPUTER FEE
  106. CLERK'S FEE
  107. DEPOSIT AMOUNT PAID ELLEN L FORNASH
  108. DEPOSIT AMOUNT PAID ELLEN L FORNASH
  109. ENERAL PLEADING FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 FINAL JUDICIAL REPORT
  110. OTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT 01/24/2023 - HELD IN ABEYANCE
  111. FFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF ATTORNEY ELLEN L FORNASH 0085284 AFFIDAVIT IN SUPPORT OF JUDGMENT
  112. OTION FILED FOR D1 GARY D. BANKS J CHARLES RUIZ-BUENO 0046806 DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO FULLY ANSWER 12/05/2022 - DENIED
  113. ELEPHONE PRETRIAL HELD. PLAINTIFF WILL FILE ITS DISPOSITIVE MOTIONS WITHIN 30 DAYS OF THIS ORDER. NOTICE ISSUED
  114. ELEPHONE CONFERENCE PREVIOUSLY SCHEDULED FOR 10/14/2022 AT 09:00 AM IS RESCHEDULED FOR 10/14/2022 AT 02:30 PM. . . NOTICE ISSUED
  115. ELEPHONE CONFERENCE SCHEDULED FOR 10/14/2022 AT 09:00 AM IS CANCELLED. MAGISTRATE: AMY R JACKSON (0075741) REASON: UNKNOWN (notice sent).
  116. ELEPHONE PRETRIAL HELD BY MAGISTRATE. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT BANKS PARTICIPATED. FACT DISCOVERY CUT-OFF IS 10/14/22. NEXT TELEPHONE PRETRIAL IS SET FOR 10/14/22 AT 9:00 AM. COUNSEL TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE CONFERENCE. NOTICE ISSUED
  117. ELEPHONE CONFERENCE SET FOR 10/14/2022 AT 09:00 AM.
  118. ELEPHONE PRETRIAL SET FOR 06/28/2022 AT 01:30 PM. ATTORNEYS / SELF REPRESENTED PARTIES ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE HEARING. NOTICE ISSUED
  119. NSWER FILED BY D1 GARY D. BANKS ATTORNEY J CHARLES RUIZ-BUENO 0046806 ANSWER OF GARY D. BANKS
  120. ERTIFIED MAIL RECEIPT NO. 47330607 RETURNED 5/11/2022 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  121. ON 04/25/2022 I SERVED THE WITHIN NAMED BANKS/GARY/D. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  122. ON 04/25/2022 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  123. OTICE OF SUMMONS SERVICE RETURN FILED
  124. OTICE OF SUMMONS SERVICE RETURN FILED
  125. SPS RECEIPT NO. 47330605 DELIVERED BY USPS 04/23/2022 BANKS/GARY/D. PROCESSED BY COC 04/29/2022.
  126. UMS COMPLAINT(47330607) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  127. UMS COMPLAINT(47330605) SENT BY CERTIFIED MAIL. TO: GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  128. UMS COMPLAINT(47330606) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  129. UMS COMPLAINT(47330604) SENT BY SPECIAL PROCESS SERVER. TO: GARY D. BANKS 20510 MOUNTVILLE DRIVE MAPLE HEIGHTS, OH 44137
  130. LL 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
  131. AGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  132. T 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
  133. UMMONS E-FILE COPY COST
  134. UMMONS E-FILE COPY COST
  135. RIT FEE
  136. RIT FEE
  137. UMMONS E-FILE COPY COST
  138. UMMONS E-FILE COPY COST
  139. RIT FEE
  140. RIT FEE
  141. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  142. PECIAL PROJECTS FUND FEE
  143. EGAL RESEARCH
  144. EGAL NEWS
  145. EGAL AID
  146. OMPUTER FEE
  147. LERK'S FEE
  148. EPOSIT AMOUNT PAID ELLEN L FORNASH
  149. EPOSIT AMOUNT PAID ELLEN L FORNASH

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