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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-04-04
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 85 entries

Parties

Plaintiff Us Bank Trust Company, National Association As Trustee As Successor In Interest To Us Bank Na As Trustee For The Registered Holder Of Asset Backed Securities Corp Home Equity Loan Trust 2004 He 7 Etc
Defendant Valicia Smith Jones|Karl D Jones|State Of Ohio Department Of Tax Ation Collections Enforcement Section
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. SUMMONS E-FILE COPY COST
  2. SUMMONS E-FILE COPY COST
  3. WRIT FEE
  4. WRIT FEE
  5. SUMMONS E-FILE COPY COST
  6. WRIT FEE
  7. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  8. SPECIAL PROJECTS FUND FEE
  9. LEGAL RESEARCH
  10. LEGAL NEWS
  11. LEGAL AID
  12. COMPUTER FEE
  13. CLERK'S FEE
  14. DEPOSIT AMOUNT PAID TED A HUMBERT
  15. DEPOSIT AMOUNT PAID TED A HUMBERT
  16. OS ORDER OF SALE RETURNED 12/6/2024, SOLD DATE 12/2/2024 SOLD TO: VALIENTE VENTURES LLC FOR $41,300.00
  17. OTICE FILED BY P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SALE
  18. ECORDER'S FEE $1.00
  19. ERTIFICATE OF TITLE $408.00 PAY TO THE LAW OFFICES OF JOHN D. CLUNK
  20. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 12/02/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 12/02/2024 IT WILL BE RE-OFFERED ON 12/16/2024 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 ANDREWS, APPRAISAL COST: $52.23 REGULAR FEE AND MILEAGE. STANLEY R PATRISKI, APPRAISAL COST: $50 REGULAR FEE. CRYSTAL A WILLIAMS, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-995426 DATED THIS 29th DAY OF OCTOBER, 2024 NOTICE ISSUED NOTICE ISSUED
  21. AND APPRAISAL OOS, FILED
  22. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 105-27-025
  23. EAL AUCTION
  24. EPOSIT AMOUNT PAID ROBERT R. HOOSE
  25. RAECIPE FOR ORDER OF SALE $820 ORDER OF SALE
  26. UDGMENT ENTRY(55111661) SENT BY REGULAR MAIL SERVICE. TO: KARL D JONES 5545 SAXON DRIVE CLEVELAND, OH 44125-0000
  27. UDGMENT ENTRY(55111660) SENT BY REGULAR MAIL SERVICE. TO: VALICIA SMITH JONES 5545 SAXON DRIVE CLEVELAND, OH 44125-0000
  28. UDGMENT ENTRY(55111659) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  29. UDGMENT ENTRY(55111658) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  30. UDGMENT ENTRY(55111657) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  31. HE COURT ADOPTS THE ATTACHED MAGISTRATE'S DECISION. DECREE OF FORECLOSURE. FINAL. OSJ. COURT COST ASSESSED AS DIRECTED. 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
  32. HE COURT ADOPTS THE ATTACHED MAGISTRATE'S DECISION. DECREE OF FORECLOSURE. FINAL. OSJ. NOTICE ISSUED
  33. AGISTRATE'S DECISION(54566671) SENT BY REGULAR MAIL SERVICE. TO: KARL D JONES 5545 SAXON DRIVE CLEVELAND, OH 44125-0000
  34. AGISTRATE'S DECISION(54566670) SENT BY REGULAR MAIL SERVICE. TO: VALICIA SMITH JONES 5545 SAXON DRIVE CLEVELAND, OH 44125-0000
  35. AGISTRATE'S DECISION(54566669) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  36. AGISTRATE'S DECISION(54566668) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  37. AGISTRATE'S DECISION(54566667) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  38. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  39. ASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. ALL OTHERS ABSENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 7/30/24 IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  40. OTICE FILED BY P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  41. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 08/15/2024 AT 10:00AM BEFORE MAGISTRATE JOHN T DYKE, 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
  42. ENERAL PLEADING FILED BY P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  43. OTION FOR DEFAULT JUDGMENT 08/15/2024 - GRANTED
  44. FFIDAVIT FILED BY P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY STATUS
  45. FFIDAVIT FILED BY P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  46. ERTIFIED MAIL RECEIPT NO. 53493563 RETURNED 06/12/2024 FAILURE OF SERVICE ON DEFENDANT JONES/KARL/D - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  47. SPS RECEIPT NO. 54136341 DELIVERED BY USPS 06/27/2024 JONES/KARL/D PROCESSED BY COC 07/03/2024.
  48. SPS RECEIPT NO. 54136340 DELIVERED BY USPS 06/27/2024 SMITH JONES/VALICIA/ PROCESSED BY COC 07/03/2024.
  49. UMS COMPLAINT(54136341) SENT BY CERTIFIED MAIL. TO: KARL D JONES 5545 SAXON DRIVE CLEVELAND, OH 44125-0000
  50. UMS COMPLAINT(54136340) SENT BY CERTIFIED MAIL. TO: VALICIA SMITH JONES 5545 SAXON DRIVE CLEVELAND, OH 44125-0000
  51. RIT FEE
  52. UMMONS E-FILE COPY COST
  53. UMMONS E-FILE COPY COST
  54. RIT FEE
  55. EQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
  56. ERTIFIED MAIL RECEIPT NO. 53493562 RETURNED 05/07/2024 FAILURE OF SERVICE ON DEFENDANT SMITH JONES/VALICIA/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  57. LAINTIFF'S MOTION TO TERMINATE BANKRUPTCY STAY FILED ON 6/13/24 IS GRANTED. THE CASE IS REINSTATED TO THE ACTIVE DOCKET. 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
  58. OTION FILED FOR P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE TED A HUMBERT 0022307 PLAINTIFF'S MOTION OF TERMINATION OF BANKRUPTCY STAY 06/17/2024 - GRANTED
  59. ERTIFIED MAIL NUMBER 53493563 ADDRESSED TO KARL D JONES(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  60. ERTIFIED MAIL RECEIPT NO. 53493562 RETURNED 5/7/2024 FAILURE OF SERVICE ON DEFENDANT SMITH JONES/VALICIA/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  61. NSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAX ATION ATTORNEY CORY STEINMETZ 0092319 STATE OF OHIO DEPARTMENT OF TAXATION
  62. S THE COURT HAS BEEN ADVISED THAT DEFENDANT VALICIA SMITH JONES FILED A CHAPTER 7 BANKRUPTCY PETITION ON 4/12/24 (CASE NO. 24-11408), PROCEEDINGS IN THIS CASE ARE STAYED (11 U.S.C. SECTION 362), AND THE CASE IS REMOVED FROM THE ACTIVE DOCKET. THE CASE MAY BE RETURNED TO THE ACTIVE DOCKET ONLY UPON A PROPERLY FILED MOTION THAT STATES THE DATE ON WHICH THE AUTOMATIC STAY WAS LIFTED. SAID MOTION IS TO BE FILED NO LATER THAN 60 DAYS AFTER THE LIFTING OF THE AUTOMATIC STAY OR THE WITHIN CLAIMS OF ALL PARTIES MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILING TO TIMELY REACTIVATE THE ACTION. NOTICE ISSUED
  63. OTICE FILED BY P1 US BANK TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE ATTORNEY TED A HUMBERT 0022307 NOTICE OF BANKRUPTCY STAY
  64. SPS RECEIPT NO. 53493564 DELIVERED BY USPS 04/11/2024 STATE OF OHIO DEPARTMENT OF TAX ATION PROCESSED BY COC 04/17/2024.
  65. 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
  66. AGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  67. 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
  68. UMS COMPLAINT(53493564) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAX ATION C/O OHIO ATTORNEY GENERAL 30 EAST BROAD STREET 14TH FLOOR COLUMBUS, OH 43215
  69. UMS COMPLAINT(53493563) SENT BY CERTIFIED MAIL. TO: KARL D JONES 1020 EAST 74TH STREET CLEVELAND, OH 44103
  70. UMS COMPLAINT(53493562) SENT BY CERTIFIED MAIL. TO: VALICIA SMITH JONES 1020 EAST 74TH STREET CLEVELAND, OH 44103
  71. UMMONS E-FILE COPY COST
  72. UMMONS E-FILE COPY COST
  73. RIT FEE
  74. RIT FEE
  75. UMMONS E-FILE COPY COST
  76. RIT FEE
  77. UDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  78. PECIAL PROJECTS FUND FEE
  79. EGAL RESEARCH
  80. EGAL NEWS
  81. EGAL AID
  82. OMPUTER FEE
  83. LERK'S FEE
  84. EPOSIT AMOUNT PAID TED A HUMBERT
  85. EPOSIT AMOUNT PAID TED A HUMBERT

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