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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-02-26
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 79 entries

Parties

Plaintiff Citibank, N.a., Not In Its Individual Capacity, But Solely As Owner Trustee Of The New Residential Mortgage Loan Trust 2019 6
Defendant Alexander Roland Salerno|Samantha L Salerno|State Of Ohio, Department Of Job And Family Services|State Of Ohio, Department Of Taxation
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, PRELIMINARY JUDICIAL REPORT
  2. JUDGMENT ENTRY(54391535) SENT BY EMAIL. TO: JUSTIN M. RITCH [email protected]
  3. JUDGMENT ENTRY(54391534) SENT BY EMAIL. TO: JUSTIN M. RITCH [email protected]
  4. JUDGMENT ENTRY(54391533) SENT BY EMAIL. TO: THOMAS J DORCHAK [email protected]
  5. PLAINTIFF'S MOTION TO DISMISS IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. ALL PENDING MOTIONS ARE MOOT. 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
  6. NOTICE FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 NOTICE OF FILING OF RELEASE OF MORTGAGE
  7. PLAINTIFF IS ORDERED TO PROVIDE PROOF THAT THE MORTGAGE LIEN HELD BY PLAINTIFF HAS BEEN RELEASED WITH THE CUYAHOGA COUNTY RECORDER ON OR BEFORE 7/22/24. NOTICE ISSUED
  8. GENERAL PLEADING FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS
  9. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) ALEXANDER ROLAND SALERNO(D1) and SAMANTHA L SALERNO(D2) THOMAS J DORCHAK 0012129 BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE
  10. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2) 07/25/2024 - GRANTED
  11. AFFIDAVIT FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 AFFIDAVIT REGARDING MILITARY STATUS
  12. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT WITH AFFIDAVIT ATTACHED 07/25/2024 - MOOT
  13. SOME OF THE EXHIBITS ATTACHED TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ARE NOT LEGIBLE. PLAINTIFF MUST REFILE THE EXHIBITS/MOTION ON OR BEFORE 7/1/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  14. NOTICE FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  15. AFFIDAVIT FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 AFFIDAVIT REGARDING MILITARY STATUS
  16. NOTICE FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 NOTICE OF FILING ENTRY ADOPTING MAGISTRATE'S DECISION
  17. NOTICE FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 NOTICE OF FILING PROPOSED MAGISTRATE'S DECISION
  18. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 06/07/2024 - MOOT
  19. CMC HELD. PLAINTIFF'S COUNSEL APPEARED. DEFENDANTS ALEXANDER ROLAND SALERNO AND SAMANTHA SALERNO'S COUNSEL APPEARED. DISPOSITIVE MOTIONS, IF ANY, MUST BE FILED ON OR BEFORE 7/1/24. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 8/1/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 8/15/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
  20. AFFIDAVIT FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 AFFIDAVIT OF JUSTIN M RITCH
  21. GENERAL PLEADING FILED BY P1 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS OWNER ATTORNEY JUSTIN M. RITCH 0085358 CIVIL RULE 26(B)(3) INITIAL DISCLOSURES
  22. CASE MGMNT CONFERENCE SET FOR 05/15/2024 AT 09:00 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  23. ANSWER FILED BY DEFENDANT(S) ALEXANDER ROLAND SALERNO(D1) and SAMANTHA L SALERNO(D2) ATTORNEY THOMAS J DORCHAK 0012129 SEPARATE ANSWER OF DEFENDANTS ALEXANDER AND SAMANTHA SALERNO
  24. 53170494 ON 03/19/2024 I SERVED THE WITHIN NAMED SALERNO/SAMANTHA/L BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. 53170495 ON 03/19/2024 I SERVED THE WITHIN NAMED SALERNO/ALEXANDER/ROLAND BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  26. ANSWER FILED BY D4 STATE OF OHIO, DEPARTMENT OF TAXATION ATTORNEY CORY STEINMETZ 0092319 STATE OF OHIO DEPARTMENT OF TAXATION
  27. ANSWER FILED BY D3 STATE OF OHIO, DEPARTMENT OF JOB AND FAMILY SERVICES ATTORNEY CORY STEINMETZ 0092319 STATE OF OHIO DEPARTMENT OF JOB AND FAMILY SERVICES
  28. USPS RECEIPT NO. 53178386 DELIVERED BY USPS 03/07/2024 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 03/20/2024.
  29. USPS RECEIPT NO. 53178385 DELIVERED BY USPS 03/07/2024 STATE OF OHIO, DEPARTMENT OF JOB AND FAMILY SERVICES PROCESSED BY COC 03/20/2024.
  30. USPS RECEIPT NO. 53178384 DELIVERED BY USPS 03/07/2024 SALERNO/SAMANTHA/L PROCESSED BY COC 03/20/2024.
  31. USPS RECEIPT NO. 53178383 DELIVERED BY USPS 03/07/2024 SALERNO/ALEXANDER/ROLAND PROCESSED BY COC 03/20/2024.
  32. USPS RECEIPT NO. 53160826 DELIVERED BY USPS 03/05/2024 STATE OF OHIO, DEPARTMENT OF JOB AND FAMILY SERVICES PROCESSED BY COC 03/20/2024.
  33. USPS RECEIPT NO. 53160825 DELIVERED BY USPS 03/02/2024 SALERNO/SAMANTHA/L PROCESSED BY COC 03/20/2024.
  34. USPS RECEIPT NO. 53160824 DELIVERED BY USPS 03/02/2024 SALERNO/ALEXANDER/ROLAND PROCESSED BY COC 03/20/2024.
  35. USPS RECEIPT NO. 53160827 DELIVERED BY USPS 03/06/2024 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 03/20/2024.
  36. SUMS COMPLAINT(53178386) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  37. SUMS COMPLAINT(53178385) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF JOB AND FAMILY SERVICES ATTENTION: LEGAL DEPARTMENT 30 EAST BROAD STREET, 32ND FLOOR COLUMBUS, OH 43215
  38. SUMS COMPLAINT(53178384) SENT BY CERTIFIED MAIL. TO: SAMANTHA L SALERNO 4114 WEST 220TH STREET FAIRVIEW PARK, OH 44126
  39. SUMS COMPLAINT(53178383) SENT BY CERTIFIED MAIL. TO: ALEXANDER ROLAND SALERNO 4114 WEST 220TH STREET FAIRVIEW PARK, OH 44126
  40. SUMMONS E-FILE COPY COST
  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. SUMS COMPLAINT(53170495) SENT BY SPECIAL PROCESS SERVER. TO: ALEXANDER ROLAND SALERNO 4114 WEST 220TH STREET FAIRVIEW PARK, OH 44126
  49. SUMS COMPLAINT(53170494) SENT BY SPECIAL PROCESS SERVER. TO: SAMANTHA L SALERNO 4114 WEST 220TH STREET FAIRVIEW PARK, OH 44126
  50. SUMMONS E-FILE COPY COST
  51. WRIT FEE
  52. WRIT FEE
  53. SUMMONS E-FILE COPY COST
  54. SUMS COMPLAINT(53160827) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION C/O OHIO ATTORNEY GENERAL 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  55. SUMS COMPLAINT(53160826) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF JOB AND FAMILY SERVICES ATTENTION: LEGAL DEPARTMENT 30 EAST BROAD STREET, 32ND FLOOR COLUMBUS, OH 43215
  56. SUMS COMPLAINT(53160825) SENT BY CERTIFIED MAIL. TO: SAMANTHA L SALERNO 4114 WEST 220TH STREET FAIRVIEW PARK, OH 44126
  57. SUMS COMPLAINT(53160824) SENT BY CERTIFIED MAIL. TO: ALEXANDER ROLAND SALERNO 4114 WEST 220TH STREET FAIRVIEW PARK, OH 44126
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. SUMMONS E-FILE COPY COST
  62. SUMMONS E-FILE COPY COST
  63. SUMMONS E-FILE COPY COST
  64. WRIT FEE
  65. WRIT FEE
  66. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  67. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  68. 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
  69. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  70. 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
  71. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  72. SPECIAL PROJECTS FUND FEE
  73. LEGAL RESEARCH
  74. LEGAL NEWS
  75. LEGAL AID
  76. COMPUTER FEE
  77. CLERK'S FEE
  78. DEPOSIT AMOUNT PAID JUSTIN M. RITCH
  79. DEPOSIT AMOUNT PAID JUSTIN M. RITCH

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