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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-28
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 71 entries

Parties

Plaintiff B A Shellpoint Mortgage Servicing Newrez Llc D C/o Newrez Llc, F/k/a New Penn Financial, Llc D/b/a Shellpoint Mortgage
Defendant Jerome Burton|Unknown Spouse Of Jerome Burton, If Any
Photo of Hon. Emily Hagan

Judge

Hon. Emily Hagan

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. JUDGMENT ENTRY(59728880) SENT BY REGULAR MAIL SERVICE. TO: JEROME BURTON 2629 E 127TH ST CLEVELAND,, OH 44120
  3. JUDGMENT ENTRY(59728879) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  4. JUDGMENT ENTRY(59728878) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  5. PLAINTIFF'S MOTION TO DISMISS THE CASE PURSUANT TO CIVIL RULE 41(A)(2), IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COSTS 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. MOTION FILED FOR P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D PAUL M NALEPKA 0040796 PLAINTIFF'S MOTION TO VACATE JUDGMENT AND DISMISS COMPLAINT PURSUANT TO CIVIL RULE 41(A)(2)
  7. SHERIFF SALE VACATED
  8. PLAINTIFF'S MOTION TO VACATE SALE HELD ON NOVEMBER 17, 2025 DUE TO THE BANKRUPTCY FILING OF DEFENDANT, JEROME BURTON, FILED11/18/2025, IS GRANTED. IT IS HEREBY ORDERED THAT THE SALE HELD NOVEMBER 17, 2025 IS VACATED AND SET ASIDE. THE SHERIFF IS ORDERED TO RETURN THE ORDER OF SALE WITHOUT EXECUTION. THE SHERIFF IS FURTHER ORDERED TO RETURN ALL FUNDS DEPOSITED BY THE PURCHASER, 12224 FAIRVIEW COURT LLC AND TO MARK VOID ANY SHERIFF'S DEED WHICH MAY HAVE BEEN PREPARED AS A RESULT OF THE ABOVE SALE. NOTICE ISSUED
  9. OOS ORDER OF SALE RETURNED 11/19/2025, SOLD DATE 11/17/2025 SOLD TO: 12224 FAIRVIEW COURT LLC FOR $83,334.00
  10. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $653.85 PREPAID TO LEGAL NEWS.
  11. MOTION FILED FOR P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D PAUL M NALEPKA 0040796 MOTION TO VACATE SALE HELD ON NOVEMBER 17, 2025
  12. NOTICE FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 NOTICE OF SHERIFF'S SALE
  13. RECORDER'S FEE $1.00
  14. CERTIFICATE OF TITLE $775.00 PAY TO NEWREZ LLC
  15. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 11/17/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 11/17/2025 IT WILL BE RE-OFFERED ON 12/01/2025 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: $51.42 REGULAR FEE AND MILEAGE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-25-111053 DATED THIS 14th DAY OF OCTOBER, 2025 NOTICE ISSUED NOTICE ISSUED
  16. OOS LAND APPRAISAL FILED
  17. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 129-13-016
  18. REAL AUCTION
  19. DEPOSIT AMOUNT PAID PAUL M NALEPKA
  20. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE SHERIFF
  21. PLAINTIFF'S MOTION TO APPOINT PRIVATE SELLING OFFICER IS DENIED. THE CUYAHOGA COUNTY SHERIFF IS CAPABLE OF SELLING THE SUBJECT PROPERTY CHEAPLY AND EXPEDITIOUSLY OBVIATING THE NEED FOR A PRIVATE SELLING OFFICER. THE PLAINTIFF MAY SIGN A PRAECIPE WITH THE CLERK OF COURTS DIRECTING THE CUYAHOGA COUNTY SHERIFF TO APPRAISE, ADVERTISE, AND THEN SELL THE PROPERTY. NOTICE ISSUED
  22. MOTION FILED FOR P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D PAUL M NALEPKA 0040796 PLAINTIFF'S MOTION TO APPOINT A PRIVATE SELLING OFFICER
  23. NOTICE FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 NOTICE OF FILING AFFIDAVIT OF INDEBTEDNESS
  24. JUDGMENT ENTRY(57218167) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF JEROME BURTON, IF ANY 2629 E 127TH ST CLEVELAND,, OH 44120
  25. JUDGMENT ENTRY(57218166) SENT BY REGULAR MAIL SERVICE. TO: JEROME BURTON 2629 E 127TH ST CLEVELAND,, OH 44120
  26. JUDGMENT ENTRY(57218165) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  27. JUDGMENT ENTRY(57218164) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  28. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  29. MAGISTRATE'S DECISION(56993139) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF JEROME BURTON, IF ANY 2629 E 127TH ST CLEVELAND,, OH 44120
  30. MAGISTRATE'S DECISION(56993138) SENT BY REGULAR MAIL SERVICE. TO: JEROME BURTON 2629 E 127TH ST CLEVELAND,, OH 44120
  31. MAGISTRATE'S DECISION(56993137) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  32. MAGISTRATE'S DECISION(56993136) SENT BY EMAIL. TO: PAUL M NALEPKA [email protected]
  33. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  34. TELEPHONIC DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF APPEARED. DEFENDANTS DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. A MAGISTRATE'S DECISION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW WILL ISSUE FORTHWITH. NOTICE ISSUED
  35. NOTICE FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 NOTICE OF HEARING
  36. TELEPHONE DEFAULT HEARING SET FOR 05/14/2025 AT 10:45 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST TEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  37. AFFIDAVIT FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 AFFIDAVIT OF ATTORNEY
  38. AFFIDAVIT FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 MILITARY AFFIDAVIT
  39. NOTICE FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 NOTICE OF FILING AOI
  40. GENERAL PLEADING FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 FINAL JUDICIAL REPORT
  41. NOTICE FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 NOTICE OF FILING PROPOSED ORDER ADOPTING MAGISTRATE'S DECISION IN REM
  42. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  43. GENERAL PLEADING FILED BY P1 B A SHELLPOINT MORTGAGE SERVICING NEWREZ LLC D ATTORNEY PAUL M NALEPKA 0040796 SUPPLEMENTAL PRELIMINARY JUDICIAL REPORT
  44. CERTIFIED MAIL RECEIPT NO. 55963367 RETURNED 2/20/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE OF JEROME BURTON, IF ANY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  45. CERTIFIED MAIL RECEIPT NO. 55963365 RETURNED 2/20/2025 FAILURE OF SERVICE ON DEFENDANT BURTON/JEROME/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  46. 55963364 ON 02/03/2025 I SERVED THE WITHIN NAMED BURTON/JEROME/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  47. 55963366 ON 02/03/2025 I SERVED THE WITHIN NAMED UNKNOWN SPOUSE OF JEROME BURTON, IF ANY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  48. SUMS COMPLAINT(55963367) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF JEROME BURTON, IF ANY 2629 E 127TH ST CLEVELAND,, OH 44120
  49. SUMS COMPLAINT(55963365) SENT BY CERTIFIED MAIL. TO: JEROME BURTON 2629 E 127TH ST CLEVELAND,, OH 44120
  50. SUMS COMPLAINT(55963366) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE OF JEROME BURTON, IF ANY 2629 E 127TH ST CLEVELAND,, OH 44120
  51. SUMS COMPLAINT(55963364) SENT BY SPECIAL PROCESS SERVER. TO: JEROME BURTON 2629 E 127TH ST CLEVELAND,, OH 44120
  52. 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
  53. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  54. 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
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. JUDGE EMILY HAGAN ASSIGNED (RANDOM)
  64. SPECIAL PROJECTS FUND FEE
  65. LEGAL RESEARCH
  66. LEGAL NEWS
  67. LEGAL AID
  68. COMPUTER FEE
  69. CLERK'S FEE
  70. DEPOSIT AMOUNT PAID PAUL M NALEPKA
  71. DEPOSIT AMOUNT PAID PAUL M NALEPKA

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