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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-12-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 76 entries

Parties

Plaintiff Fifth Third Bank, National Association Fifth Third Bank Successor By Merger To Fifth Third Mortgage Company
Defendant Brian P Berardi|Jane Doe, Name Unknown, Spouse Of Brian P. Berardi|Cuyahoga County Treasurer|Midland Credit Management, Inc.
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST
  2. MOTION TO DISMISS FILED PLAINTIFF'S MOTION FOR ORDER OF DISMISSAL PURSUANT TO CIVIL RULE 41(A)(2) 09/12/2023 - UNOPPOSED AND GRANTED
  3. 07/18/23: TELEPHONE CONFERENCE HELD. THE PARTIES HAVE SETTLED THE CASE. PLAINTIFF TO FILE A NOTICE OF DISMISSAL WITHIN 14 DAYS OF THIS ORDER. NOTICE ISSUED
  4. ANSWER FILED BY D3 CUYAHOGA COUNTY TREASURER ATTORNEY JUDITH MILES 0081006 CUYAHOGA COUNTY TREASURER
  5. USPS RECEIPT NO. 50773356 DELIVERED BY USPS 06/08/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 06/14/2023.
  6. CERTIFIED MAIL RECEIPT NO. 50773355 RETURNED BY U.S. MAIL DEPARTMENT 06/07/2023 JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI MAIL RECEIVED AT ADDRESS 06/14/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  7. CERTIFIED MAIL RECEIPT NO. 50773354 RETURNED BY U.S. MAIL DEPARTMENT 06/07/2023 BERARDI/BRIAN /P MAIL RECEIVED AT ADDRESS 06/14/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  8. USPS RECEIPT NO. 50773483 DELIVERED BY USPS 06/07/2023 MIDLAND CREDIT MANAGEMENT, INC. PROCESSED BY COC 06/14/2023.
  9. 50771644 ON 06/06/2023 I SERVED THE WITHIN NAMED BERARDI/BRIAN /P BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  10. 50771645 ON 06/06/2023 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  11. NOTICE OF SUMMONS SERVICE RETURN FILED
  12. NOTICE OF SUMMONS SERVICE RETURN FILED
  13. SUMS AMENDED COMPLNT(50773483) SENT BY CERTIFIED MAIL. TO: MIDLAND CREDIT MANAGEMENT, INC. C/O CORP. SERVICE COMPANY, SA 3366 RIVERSIDE DRIVE SUITE 103 UPPER ARLINGTON, OH 43221-0000
  14. SUMS AMENDED COMPLNT(50773356) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER C/O JUDITH MILES, ESQ. (#0081006) 310 WEST LAKESIDE AVENUE, SUITE 300 CLEVELAND, OH 44113-0000
  15. SUMS AMENDED COMPLNT(50773355) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  16. SUMS AMENDED COMPLNT(50773354) SENT BY CERTIFIED MAIL. TO: BRIAN P BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  17. SUMMONS E-FILE COPY COST
  18. WRIT FEE
  19. SUMMONS E-FILE COPY COST
  20. SUMMONS E-FILE COPY COST
  21. WRIT FEE
  22. WRIT FEE
  23. SUMMONS E-FILE COPY COST
  24. WRIT FEE
  25. SUMS AMENDED COMPLNT(50771645) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  26. SUMS AMENDED COMPLNT(50771644) SENT BY SPECIAL PROCESS SERVER. TO: BRIAN P BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  27. SUMMONS E-FILE COPY COST
  28. SUMMONS E-FILE COPY COST
  29. WRIT FEE
  30. WRIT FEE
  31. DEPOSIT AMOUNT PAID ROBERT H YOUNG
  32. AMENDED COMPLAINT $75 AMENDED COMPLAINT IN FORECLOSURE
  33. TELEPHONE CONFERENCE SET FOR 07/18/2023 AT 08:45 AM. PARTIES / COUNSEL ARE TO CALL 216-443-8505 AT LEAST 10 MINUTES PRIOR TO THE CONFERENCE. PLAINTIFF IS ORDERED TO HAVE A CLIENT REPRESENTATIVE PARTICIPATE IN THE CONFERENCE. NOTICE ISSUED
  34. 05/16/23: DEFAULT HEARING HELD BY MAGISTRATE. COUNSEL FOR PLAINTIFF AND BRIAN BERARDI APPEARED. DEFENDANT IS ATTEMPTING TO SETTLE THIS MATTER. THE FOLLOWING ISSUE WAS ADDRESSED AT THE HEARING: 1) PLAINTIFF DID NOT NAME AS A DEFENDANT MIDLAND CREDIT MANAGEMENT AND THIS ENTITY IS LISTED ON PLAINTIFF'S TITLE WORK. PLAINTIFF'S MOTION FRO DEFAULT IS HELD IN ABEYANCE. PLAINTIFF IS GRANTED A 14 DAY LEAVE TO AMEND THE COMPLAINT IF NECESSARY. IF PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT, IT SHOULD BRIEF THIS ISSUE FOR THE COURT WITHIN 14 DAYS. NOTICE ISSUED
  35. NOTICE FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  36. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/16/2023 AT 09:30AM 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
  37. TAX HEARING SET FOR 05/16/2023 AT 09:30 AM. NOTICE ISSUED
  38. TAX HEARING SCHEDULED FOR 05/16/2023 AT 09:30 AM IS CANCELLED.
  39. AFFIDAVIT FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 MILITARY AFFIDAVIT
  40. AFFIDAVIT FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 ATTORNEY AFFIDAVIT
  41. NOTICE FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  42. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 05/18/2023 - HELD IN ABEYANCE
  43. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS IS GRANTED. ALL DISPOSITIVE MOTIONS AND UPDATED TITLE WORK TO BE FILED WITHIN 30 DAYS OF THIS ORDER. NOTICE ISSUED
  44. GENERAL PLEADING FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 PRELIMINARY JUDICIAL REPORT
  45. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS 04/01/2023 - UNOPPOSED AND GRANTED
  46. A REVIEW OF THE DOCKET REVEALS THAT PLAINTIFF HAS PERFECTED SERVICE ON ALL DEFENDANTS. PLAINTIFF IS ORDERED TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE THE CASE, UPDATED TITLE WORK, AND ANY NECESSARY AFFIDAVITS. FAILURE TO COMPLY WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  47. 49517532 ON 01/18/2023 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  48. 49517533 ON 01/18/2023 I SERVED THE WITHIN NAMED BERARDI/BRIAN /P BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  49. NOTICE OF SUMMONS SERVICE RETURN FILED
  50. NOTICE OF SUMMONS SERVICE RETURN FILED
  51. ANSWER FILED BY D3 CUYAHOGA COUNTY TREASURER ATTORNEY JUDITH MILES 0081006 CUYAHOGA COUNTY TREASURER
  52. SUMS COMPLAINT(49517533) SENT BY SPECIAL PROCESS SERVER. TO: BRIAN P BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  53. SUMS COMPLAINT(49517532) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  54. WRIT FEE
  55. WRIT FEE
  56. USPS RECEIPT NO. 49418905 DELIVERED BY USPS 01/04/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 01/11/2023.
  57. CERTIFIED MAIL RECEIPT NO. 49406540 RETURNED BY U.S. MAIL DEPARTMENT 01/03/2023 JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI MAIL RECEIVED AT ADDRESS 01/11/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  58. CERTIFIED MAIL RECEIPT NO. 49406541 RETURNED BY U.S. MAIL DEPARTMENT 01/03/2023 BERARDI/BRIAN /P MAIL RECEIVED AT ADDRESS 01/11/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  59. SUMS COMPLAINT(49418905) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 EAST 9TH STREET CLEVELAND, OH 44115
  60. WRIT FEE
  61. SUMS COMPLAINT(49406541) SENT BY CERTIFIED MAIL. TO: BRIAN P BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  62. SUMS COMPLAINT(49406540) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, SPOUSE OF BRIAN P. BERARDI 6060 DECKER ROAD NORTH OLMSTED, OH 44070
  63. WRIT FEE
  64. WRIT FEE
  65. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  66. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  67. 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. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  68. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  69. SPECIAL PROJECTS FUND FEE
  70. LEGAL RESEARCH
  71. LEGAL NEWS
  72. LEGAL AID
  73. COMPUTER FEE
  74. CLERK'S FEE
  75. DEPOSIT AMOUNT PAID ROBERT H YOUNG
  76. DEPOSIT AMOUNT PAID ROBERT H YOUNG

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