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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-02-13
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 75 entries

Parties

Plaintiff Newrez Llc Dba Shellpoint Mortgage Servicing
Defendant Unk.heirs Etc Of Roberta Presley|Unk. Spouse Of Roberta Presley|Unk. Heirs Etc Of Walter Presley|State Of Ohio Department Of Taxation Co Ohio Attorney General
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. DEPOSIT REQUIRED FOR COSTS TO CLERK $3,397.06 SHERIFF
  3. TO COURT: 05/07/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: FUND 5 ........................................................................................... FOR $201,100.00 DATE OF SALE 12/16/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  4. REGULAR MAIL SERVICE RECEIPT NO. 55870870 RETURNED 02/03/2025 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF ROBERTA PRESLEY VACANT NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  5. JUDGMENT ENTRY(55870870) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF ROBERTA PRESLEY 3190 WARRINGTON ROAD SHAKER HEIGHTS, OH 44120
  6. JUDGMENT ENTRY(55870868) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  7. JUDGMENT ENTRY(55870867) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  8. JUDGMENT ENTRY(55870866) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  9. JUDGMENT ENTRY(55870865) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  10. JUDGMENT ENTRY(55870864) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  11. JUDGMENT ENTRY(55870863) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  12. DECREE OF CONFIRMATION (Parcel(s) #73123063) 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 FUND 5 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
  13. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $641.20 PREPAID TO LEGAL NEWS.
  14. OOS ORDER OF SALE RETURNED 12/18/2024, SOLD DATE 12/16/2024 SOLD TO: FUND 5 FOR $201,100.00
  15. NOTICE FILED BY P1 NEWREZ LLC ATTORNEY MARK R LEMBRIGHT 0041545 NOTICE OF SHERIFFS SALE
  16. RECORDER'S FEE $1.00
  17. CERTIFICATE OF TITLE $1,542.00 PAY TO NEWREZ LLC
  18. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 12/16/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 12/16/2024 IT WILL BE RE-OFFERED ON 12/30/2024 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: JOHN KOZ, APPRAISAL COST: $51.54 REGULAR FEE AND MILEAGE. CHRISTOPHER J LOFTUS, APPRAISAL COST: $50 REGULAR FEE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-992778 DATED THIS 12th DAY OF NOVEMBER, 2024 NOTICE ISSUED NOTICE ISSUED
  19. LAND APPRAISAL OOS, FILED.
  20. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 731-23-063
  21. REAL AUCTION
  22. DEPOSIT AMOUNT PAID MARK R LEMBRIGHT
  23. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  24. REGULAR MAIL SERVICE RECEIPT NO. 55130675 RETURNED 10/31/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF ROBERTA PRESLEY ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  25. JUDGMENT ENTRY(55130675) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF ROBERTA PRESLEY 3190 WARRINGTON ROAD SHAKER HEIGHTS, OH 44120
  26. JUDGMENT ENTRY(55130673) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  27. JUDGMENT ENTRY(55130672) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  28. JUDGMENT ENTRY(55130671) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  29. JUDGMENT ENTRY(55130670) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  30. JUDGMENT ENTRY(55130669) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  31. JUDGMENT ENTRY(55130668) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  32. ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL NOTICE ISSUED
  33. REGULAR MAIL SERVICE RECEIPT NO. 54918255 RETURNED 10/08/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF ROBERTA PRESLEY NO SUCH NUMBER NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  34. MAGISTRATE'S DECISION(54918255) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF ROBERTA PRESLEY 3190 WARRINGTON ROAD SHAKER HEIGHTS, OH 44120
  35. MAGISTRATE'S DECISION(54918249) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  36. MAGISTRATE'S DECISION(54918248) SENT BY EMAIL. TO: MARK R LEMBRIGHT [email protected]
  37. MAGISTRATE'S DECISION(54918247) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  38. MAGISTRATE'S DECISION(54918246) SENT BY EMAIL. TO: ANTONIO J SCARLATO [email protected]
  39. MAGISTRATE'S DECISION(54918245) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  40. MAGISTRATE'S DECISION(54918244) SENT BY EMAIL. TO: F. PETER COSTELLO [email protected]
  41. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW IN REM FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  42. DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT(S) DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  43. NOTICE FILED BY P1 NEWREZ LLC ATTORNEY F. PETER COSTELLO 0076112 NOTICE OF TELEPHONE HEARING
  44. TELEPHONE DEFAULT HEARING SET FOR 09/24/2024 AT 03:00 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE TO APPEAR AT DEFAULT HEARING MAY RESULT IN DISMISSAL OF THE CASE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  45. NOTICE FILED BY P1 NEWREZ LLC ATTORNEY F. PETER COSTELLO 0076112 FINAL JUDICIAL REPORT
  46. AFFIDAVIT FILED BY P1 NEWREZ LLC ATTORNEY F. PETER COSTELLO 0076112 ATTORNEY AFFIDAVIT
  47. MOTION FOR DEFAULT JUDGMENT 09/24/2024 - GRANTED
  48. LEGAL NEWS ABSTRACT
  49. PROOF OF PUBLICATION FILED $1,187.20 - LEGAL NEWS FEE $250.00
  50. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $937.20
  51. CERTIFIED MAIL RECEIPT NO. 53069185 RETURNED 02/20/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF ROBERTA PRESLEY - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  52. PURSUANT TO CIV. R. 4(E) AND THE COURT'S STANDING CASE MANAGEMENT DIRECTIVE, PLAINTIFF MUST PERFECT SERVICE ON ITS COMPLAINT ON OR BEFORE 8/13/24 OR SHOW CAUSE WHY IT HAS FAILED TO DO SO. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  53. DEPOSIT AMOUNT PAID F. PETER COSTELLO
  54. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  55. ANSWER FILED BY D4 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY ROBERT J BYRNE 0040299 STATE OF OHIO DEPARTMENT OF TAXATION
  56. USPS RECEIPT NO. 53069186 DELIVERED BY USPS 02/22/2024 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 02/28/2024.
  57. CERTIFIED MAIL RECEIPT NO. 53069185 RETURNED 2/20/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF ROBERTA PRESLEY - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  58. SUMS COMPLAINT(53069186) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION COLLECTION ENFORCEMENT 150 EAST GAY STREET 21ST FLOOR COLUMBUS, OH 43215
  59. SUMS COMPLAINT(53069185) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF ROBERTA PRESLEY 3190 WARRINGTON ROAD SHAKER HEIGHTS, OH 44120
  60. SUMMONS E-FILE COPY COST
  61. WRIT FEE
  62. SUMMONS E-FILE COPY COST
  63. WRIT FEE
  64. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  65. 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
  66. 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
  67. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  68. SPECIAL PROJECTS FUND FEE
  69. LEGAL RESEARCH
  70. LEGAL NEWS
  71. LEGAL AID
  72. COMPUTER FEE
  73. CLERK'S FEE
  74. DEPOSIT AMOUNT PAID F. PETER COSTELLO
  75. DEPOSIT AMOUNT PAID F. PETER COSTELLO

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