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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-04-11
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 96 entries

Parties

Plaintiff Carrington Mortgage Services, Llc
Defendant Unk. Heirs Etc. Fiduciaries, Beneficiaries, Devisees And Donees Of Richard P. Gutwein|Ricky Gutwein|Unknown Spouse, If Any, Of Ricky Gutwein|United States Of America, Secretary Of Housing And Urban Development United States Courthouse|United States Of America, Secretary Of Housing And Urban Development U.s. Department Of Justice|State Of Ohio Department Of Taxation
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D 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. SUMMONS E-FILE COPY COST
  4. SUMMONS E-FILE COPY COST
  5. SUMMONS E-FILE COPY COST
  6. WRIT FEE
  7. WRIT FEE
  8. WRIT FEE
  9. WRIT FEE
  10. WRIT FEE
  11. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  12. SPECIAL PROJECTS FUND FEE
  13. LEGAL RESEARCH
  14. LEGAL NEWS
  15. LEGAL AID
  16. COMPUTER FEE
  17. CLERK'S FEE
  18. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  19. DEPOSIT AMOUNT PAID TAMARA E GURCHIK
  20. RAECIPE FOR ORDER OF SALE $820 PRAECIPE ORDER OF SALE
  21. UDGMENT ENTRY(55668461) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE, IF ANY, OF RICKY GUTWEIN 2705 ERIN AVENUE CLEVELAND, OH 44113
  22. UDGMENT ENTRY(55668460) SENT BY REGULAR MAIL SERVICE. TO: RICKY GUTWEIN 2705 ERIN AVENUE CLEVELAND, OH 44113
  23. UDGMENT ENTRY(55668458) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  24. UDGMENT ENTRY(55668457) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  25. UDGMENT ENTRY(55668456) SENT BY EMAIL. TO: NICOLE R. RANDALL [email protected]
  26. UDGMENT ENTRY(55668455) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  27. UDGMENT ENTRY(55668454) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  28. UDGMENT ENTRY(55668452) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  29. RDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. 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
  30. AGISTRATE'S DECISION(55327244) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  31. AGISTRATE'S DECISION(55327243) SENT BY EMAIL. TO: TAMARA E GURCHIK [email protected]
  32. AGISTRATE'S DECISION(55327242) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  33. AGISTRATE'S DECISION(55327241) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  34. AGISTRATE'S DECISION(55327240) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  35. AGISTRATE'S DECISION(55327239) SENT BY EMAIL. TO: NICOLE R. RANDALL [email protected]
  36. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  37. OTICE FILED BY P1 CARRINGTON MORTGAGE SERVICES, LLC ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF FILING OBITUARY
  38. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 09/25/2024, IS HELD IN ABEYANCE. NOTICE ISSUED
  39. ASE CALLED FOR HEARING. ONLY PLAINTIFF APPEARED THROUGH COUNSEL. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS HELD IN ABEYANCE. PLAINTIFF INFORMED THE COURT THAT RICKY GUTWEIN WAS NAMED DUE TO AN OBITUARY FOR RICHARD P. GUTWEIN. PLAINTIFF IS ORDERED TO FILE A COPY OF THE REFERRENCED OBITUARY ON OR BEFORE NOVEMBER 6, 2024. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  40. OTICE FILED BY P1 CARRINGTON MORTGAGE SERVICES, LLC ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF HEARING
  41. ELEPHONE DEFAULT HEARING SET FOR 10/30/2024 AT 08:45 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. 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 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  42. FFIDAVIT FILED BY P1 CARRINGTON MORTGAGE SERVICES, LLC ATTORNEY TAMARA E GURCHIK 0090798 ATTORNEY FORECLOSURE AFFIDAVIT
  43. FFIDAVIT FILED BY P1 CARRINGTON MORTGAGE SERVICES, LLC ATTORNEY TAMARA E GURCHIK 0090798 MILITARY AFFIDAVIT
  44. OTICE FILED BY P1 CARRINGTON MORTGAGE SERVICES, LLC ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF FILING FJR
  45. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 10/30/2024 - HELD IN ABEYANCE
  46. EGAL NEWS ABSTRACT
  47. ROOF OF PUBLICATION FILED $594.40 - LEGAL NEWS FEE $250.00
  48. RE-PAID PORTION OF SERVICE PUBLICATION FEE $344.40
  49. OTICE FILED BY P1 CARRINGTON MORTGAGE SERVICES, LLC ATTORNEY TAMARA E GURCHIK 0090798 NOTICE OF FILING OF DEATH CERTIFICATE
  50. EGULAR MAIL SERVICE RECEIPT NO. 54174778 RETURNED 07/25/2024 FAILURE OF SERVICE ON DEFENDANT GUTWEIN/RICKY/ NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  51. EGULAR MAIL SERVICE RECEIPT NO. 54174779 RETURNED 07/25/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE, IF ANY, OF RICKY GUTWEIN NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  52. EPOSIT AMOUNT PAID TAMARA E GURCHIK
  53. FFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  54. ERTIFIED MAIL RECEIPT NO. 53549005 RETURNED 05/10/2024 FAILURE OF SERVICE ON DEFENDANT GUTWEIN/RICKY/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. UMS COMPLAINT(54174779) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE, IF ANY, OF RICKY GUTWEIN 2705 ERIN AVENUE CLEVELAND, OH 44113 ANSWER DATE: 07/26/2024
  56. UMS COMPLAINT(54174778) SENT BY REGULAR MAIL SERVICE. TO: RICKY GUTWEIN 2705 ERIN AVENUE CLEVELAND, OH 44113 ANSWER DATE: 07/26/2024
  57. UMMONS E-FILE COPY COST
  58. RIT FEE
  59. UMMONS E-FILE COPY COST
  60. RIT FEE
  61. EQUEST FOR SERVICE FILED ALIAS SUMMONS - ORDINARY MAIL
  62. ERTIFIED MAIL RECEIPT NO. 53549006 RETURNED 05/10/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE, IF ANY, OF RICKY GUTWEIN - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  63. NSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT(D4) and UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT(D5) ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA
  64. ERTIFIED MAIL RECEIPT NO. 53549006 RETURNED 5/10/2024 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE, IF ANY, OF RICKY GUTWEIN - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  65. ERTIFIED MAIL RECEIPT NO. 53549005 RETURNED 5/10/2024 FAILURE OF SERVICE ON DEFENDANT GUTWEIN/RICKY/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  66. NSWER FILED BY D6 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY NICOLE R. RANDALL 0081351 THE STATE OF OHIO DEPARTMENT OF TAXATION
  67. SPS RECEIPT NO. 53549008 DELIVERED BY USPS 04/22/2024 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 05/01/2024.
  68. SPS RECEIPT NO. 53549009 DELIVERED BY USPS 04/22/2024 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 05/01/2024.
  69. SPS RECEIPT NO. 53549007 DELIVERED BY USPS 04/18/2024 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 04/24/2024.
  70. AGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  71. 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
  72. 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
  73. UMS COMPLAINT(53549009) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 30 EAST BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  74. UMS COMPLAINT(53549008) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT CONSTITUTION & 10TH STREET, NW RM 5111 WASHINGTON, DC 20530
  75. UMS COMPLAINT(53549007) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT UNITED STATES COURTHOUSE, 801 W SUPERIOR AVE., STE. 400 CLEVELAND, OH 44113
  76. UMS COMPLAINT(53549006) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE, IF ANY, OF RICKY GUTWEIN 2705 ERIN AVENUE CLEVELAND, OH 44113
  77. UMS COMPLAINT(53549005) SENT BY CERTIFIED MAIL. TO: RICKY GUTWEIN 2705 ERIN AVENUE CLEVELAND, OH 44113
  78. UMMONS E-FILE COPY COST
  79. UMMONS E-FILE COPY COST
  80. UMMONS E-FILE COPY COST
  81. UMMONS E-FILE COPY COST
  82. UMMONS E-FILE COPY COST
  83. RIT FEE
  84. RIT FEE
  85. RIT FEE
  86. RIT FEE
  87. RIT FEE
  88. UDGE JOHN D SUTULA ASSIGNED (RANDOM)
  89. PECIAL PROJECTS FUND FEE
  90. EGAL RESEARCH
  91. EGAL NEWS
  92. EGAL AID
  93. OMPUTER FEE
  94. LERK'S FEE
  95. EPOSIT AMOUNT PAID TAMARA E GURCHIK
  96. EPOSIT AMOUNT PAID TAMARA E GURCHIK

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