Home Loan and Investment Bank, F.S.B. v. Lauday, Inc. et al
Federal Civil Lawsuit New York Eastern District Court, Case No. 1:09-cv-03088
District Judge Edward R. Korman, presiding

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No Logo Aretha Barrett, Counter-Claimant
No Logo Aretha Barrett Realty Corp.,, Counter-Claimant
No Logo Matthew Barrett R.S. Saunders Funeral Home, Inc., Counter-Claimant
No Logo Community National Bank, Defendant
No Logo John Doe Nos. 1-100, Defendant
No Logo Matthew Barrett, Defendant
City of New York City of New York, Defendant
Officially listed as "The City of New York"
No Logo The State Of New York, Defendant
No Logo Home Loan And Investment Bank, Fsb, Counter-Defendant

Toggle Switch Represented by Scarinci & Hollenbeck

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED PATRICK J. SWEENEY +1 201 392 8900
No Logo Andrea Torruellas, Cross Defendant
No Logo Destiny3 Inc., Cross Defendant
No Logo Lauday, Inc., Cross Defendant
No Logo Aretha Barrett, Cross-Claimant
No Logo Aretha Barrett Realty Corp.,, Cross-Claimant
No Logo Matthew Barrett R.S. Saunders Funeral Home, Inc., Cross-Claimant
Citation Section 12 U.S.C. § 191
Nature of Suit 220 - Foreclosure (Diversity)
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 1/7/2011, Entered: None
Letter MOTION to Appoint Receiver by Home Loan and Investment Bank, F.S.B.. (Pashman, Scott) (Entered: 01/07/2011)
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    Legal Document (Payment Possibly Required) 52 Filed: 1/6/2011, Entered: None
    NOTICE by Home Loan and Investment Bank, F.S.B. Letter to counsel for Defendant Torruellas (Halpern, Jackie) (Entered: 01/06/2011)
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      Legal Document (Payment Possibly Required) 51 Filed: 1/5/2011, Entered: None Court Filing
      Letter to Harriet Thompson, Esq. advising of conference with Magistrate Judge Go scheduled on January 7, 2011 by Home Loan and Investment Bank, F.S.B. (Pashman, Scott) (Entered: 01/05/2011)
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        Legal Document (Payment Possibly Required) 50 Filed: 12/21/2010, Entered: None
        AFFIDAVIT of Service for Default Motion Papers, Initial Conference Order, Scheduling Order served on Community National Bank on 12/16/2010, filed by Home Loan and Investment Bank, F.S.B.. (Pashman, Scott) (Entered: 12/21/2010)
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          Legal Document (Payment Possibly Required) 49 Filed: 12/21/2010, Entered: None
          AFFIDAVIT of Service for Default Motion Papers, Initial Conference Order, Scheduling Order served on Andrea Torruellas on 12/17/2010, filed by Home Loan and Investment Bank, F.S.B.. (Pashman, Scott) (Entered: 12/21/2010)
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            Legal Document (Payment Possibly Required) 48 Filed: 12/21/2010, Entered: None
            AFFIDAVIT of Service for Default Motion Papers, Initial Conference Order, Scheduling Order served on Destiny3 Inc. on 12/16/2010, filed by Home Loan and Investment Bank, F.S.B.. (Pashman, Scott) (Entered: 12/21/2010)
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              Legal Document (Payment Possibly Required) 47 Filed: 12/21/2010, Entered: None
              AFFIDAVIT of Service for Default Motion Papers, Initial Conference Order, Scheduling Order served on Lauday, Inc. on 12/16/2010, filed by Home Loan and Investment Bank, F.S.B.. (Pashman, Scott) (Entered: 12/21/2010)
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                Legal Document (Payment Possibly Required) 46 Filed: 12/21/2010, Entered: None
                AFFIDAVIT of Service for Default Motion Papers, Initial Conference Order, Scheduling Order served on State of New York on 12/15/2010, filed by Home Loan and Investment Bank, F.S.B.. (Pashman, Scott) (Entered: 12/21/2010)
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                  Legal Document (Payment Possibly Required) 45 Filed: 12/17/2010, Entered: None
                  DECLARATION re 43 Scheduling Order,, of Scott J. Pashman Concerning Parties That Have Not Appeared by Home Loan and Investment Bank, F.S.B. (Pashman, Scott) (Entered: 12/17/2010)
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                    Legal Document (Payment Possibly Required) 44 Filed: 12/10/2010, Entered: None
                    NOTICE of Appearance by Scott Jason Pashman on behalf of Home Loan and Investment Bank, F.S.B. (aty to be noticed) (Pashman, Scott) (Entered: 12/10/2010)
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                      Blank 43 Filed: 12/2/2010, Entered: None Court Filing
                      SCHEDULING ORDER: Oral Argument on Plaintiff's 41 Motion to Appoint Receiver and Motion for Default Judgment as to Defendants LAUDAY, INC., DESTINY3 INC., ANDREA TORRUELLAS, THE STATE OF NEW YORK, and COMMUNITY NATIONAL BANK by Home Loan and Investment Bank, F.S.B. and an Initial Conference will be held on 12/21/2010, at 3:30 p.m., before Magistrate Judge Marilyn D. Go. Plaintiff's counsel is directed to serve the motion papers and the Electronic Order on all defendants against whom it seeks default judgment and file proof of such service via ECF. Ordered by Magistrate Judge Marilyn D. Go on 12/2/2010. (Abdallah, Fida) (Entered: 12/02/2010)
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                        Legal Document (Payment Possibly Required) 42 Filed: 11/8/2010, Entered: None
                        Letter dated 11/3/10 from Colin E. Kaufman to Jack Segal, Esq., enclosing pleadings from the federal action including the Second Amended Complaint, Answer to Second Amended Complaint and Answer to Counterclaim. (Greene, Donna) (Entered: 11/12/2010)
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                          Legal Document (Payment Possibly Required) 41 Filed: 11/5/2010, Entered: None
                          MOTION to Appoint Receiver, MOTION for Default Judgment as to Defendants LAUDAY, INC., DESTINY3 INC., ANDREA TORRUELLAS, THE STATE OF NEW YORK, and COMMUNITY NATIONAL BANK by Home Loan and Investment Bank, F.S.B.. (Attachments: # 1 Affidavit of Service, # 2 Exhibit Exhibits 2-5 (Note: Exhibits 1 and 6 are the pleadings, copies of which were submitted with the courtesy hard copies), # 3 Exhibit Exhibit 7) (Halpern, Jackie) (Entered: 11/05/2010)
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                            Legal Document (Payment Possibly Required) 40 Filed: 11/3/2010, Entered: None
                            NOTICE by Home Loan and Investment Bank, F.S.B. Letter Asserting Priority with respect to Supreme Court foreclosure auction on the mortgaged Properties (Halpern, Jackie) (Entered: 11/03/2010)
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                              Legal Document (Payment Possibly Required) 39 Filed: 11/2/2010, Entered: None
                              REQUEST for Production of Documents by Home Loan and Investment Bank, F.S.B.. (Halpern, Jackie) (Entered: 11/02/2010)
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                                Legal Document (Payment Possibly Required) 38 Filed: 7/30/2010, Entered: None
                                Answer to Counterclaim ANSWER to 35 Answer to Amended Complaint, Crossclaim, Counterclaim,,, by Home Loan and Investment Bank, F.S.B.. (Halpern, Jackie) (Entered: 07/30/2010)
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                                  Blank 37 Filed: 7/14/2010, Entered: None
                                  NOTICE of Consent to Change Attorney by Jackie Halpern (Halpern, Jackie) (Entered: 07/14/2010)
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                                    Legal Document (Payment Possibly Required) 36 Filed: 7/2/2010, Entered: None
                                    Letter to advise the Court that answering defendants Aretha Barrett, Aretha Barrett Realty Corp. and Matthew Barrett R.S. Sanders Funeral Home Inc. have agreed to extend the time for Home Loan to respond to their counterclaim to and including 7/30/10, by Home Loan and Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 07/02/2010)
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                                      Blank 35 Filed: 6/8/2010, Entered: None
                                      ANSWER to 32 Amended Complaint,, First CROSSCLAIM against Andrea Torruellas, Lauday, Inc., Destiny3 Inc., First COUNTERCLAIM against Home Loan and Investment Bank, F.S.B. by Aretha Barrett Realty Corp.,, Matthew Barrett R.S. Saunders Funeral Home, Inc., Aretha Barrett. (Hershenson, Richard) (Entered: 06/08/2010)
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                                        Legal Document (Payment Possibly Required) 34 Filed: 5/13/2010, Entered: None
                                        SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Aretha Barrett Realty Corp., served on 4/30/2010, answer due 5/21/2010. (Sweeney, Patrick) (Entered: 05/13/2010)
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                                          Legal Document (Payment Possibly Required) 33 Filed: 5/13/2010, Entered: None
                                          SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Matthew Barrett R.S. Saunders Funeral Home, Inc. served on 4/30/2010, answer due 5/21/2010. (Sweeney, Patrick) (Entered: 05/13/2010)
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                                            Legal Document (Payment Possibly Required) 32 Filed: 4/28/2010, Entered: None
                                            AMENDED COMPLAINT (SECOND) against Aretha Barrett, Community National Bank, Destiny3 Inc., John Doe Nos 1-100, Lauday, Inc., The City of New York, The State of New York, Andrea Torruellas, Aretha Barrett Realty Corp.,, Matthew Barrett R.S. Saunders Funeral Home, Inc., filed by Home Loan and Investment Bank, F.S.B.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-G) (Sweeney, Patrick) (Entered: 04/28/2010)
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                                              Legal Document (Payment Possibly Required) 31 Filed: 3/26/2010, Entered: None
                                              AFFIDAVIT/DECLARATION in Support re 29 Letter MOTION to Vacate 27 Default Judgment filed by Home Loan and Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 03/26/2010)
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                                                Legal Document (Payment Possibly Required) 30 Filed: 3/26/2010, Entered: None
                                                MEMORANDUM in Support re 29 Letter MOTION to Vacate 27 Default Judgment filed by Home Loan and Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 03/26/2010)
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                                                  Legal Document (Payment Possibly Required) 29 Filed: 3/26/2010, Entered: None
                                                  Letter MOTION to Vacate 27 Default Judgment by Home Loan and Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 03/26/2010)
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                                                    Legal Document (Payment Possibly Required) 28 Filed: 3/12/2010, Entered: None
                                                    NOTICE of Change of Address by Patrick J. Sweeney of Holland & Knight LLP (Sweeney, Patrick) (Entered: 03/12/2010)
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                                                      Legal Document (Payment Possibly Required) 27 Filed: 2/25/2010, Entered: None Court Filing
                                                      DEFAULT JUDGMENT in favor of Home Loan and Investment Bank, F.S.B. against Community National Bank, Destiny3 Inc., Lauday, Inc., The State of New York, Andrea Torruellas. Ordered by Senior Judge Edward R. Korman on 2/22/2010. (Greene, Donna) (Entered: 02/25/2010)
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                                                        Legal Document (Payment Possibly Required) 26 Filed: 2/4/2010, Entered: None
                                                        CERTIFICATE OF SERVICE by Home Loan and Investment Bank, F.S.B. re 25 Letter MOTION for Default Judgment as to Lauday, Inc., Destiny3 Inc., Andrea Torruellas, Community National Bank and the State of New York (Sweeney, Patrick) (Entered: 02/04/2010)
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                                                          Legal Document (Payment Possibly Required) 25 Filed: 1/25/2010, Entered: None
                                                          Letter MOTION for Default Judgment as to Lauday, Inc., Destiny3 Inc., Andrea Torruellas, Community National Bank and the State of New York by Home Loan and Investment Bank, F.S.B.. (Attachments: # 1 Exhibit Certificate of Default, # 2 Exhibit Amended Complaint, # 3 Exhibit Proposed Judgment) (Sweeney, Patrick) (Entered: 01/25/2010)
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                                                            Legal Document (Payment Possibly Required) 24 Filed: 12/31/2009, Entered: None
                                                            Clerk's ENTRY OF DEFAULT as to Community National Bank, Destiny3 Inc., Lauday, Inc., The State of New York, Andrea Torruellas Motions terminated: 21 MOTION for Entry of Default filed by Home Loan and Investment Bank, F.S.B.. (Hamilton, Janet) (Entered: 12/31/2009)
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                                                              Blank 23 Filed: 12/29/2009, Entered: None
                                                              NOTICE by Home Loan and Investment Bank, F.S.B. re 22 Declaration, 21 MOTION for Entry of Default , for Notation of Default (Sweeney, Patrick) (Entered: 12/29/2009)
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                                                                Legal Document (Payment Possibly Required) 22 Filed: 12/21/2009, Entered: None
                                                                DECLARATION re 21 MOTION for Entry of Default by Home Loan and Investment Bank, F.S.B. (Attachments: # 1 Exhibit 1-5) (Sweeney, Patrick) (Entered: 12/21/2009)
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                                                                  Legal Document (Payment Possibly Required) 21 Filed: 12/21/2009, Entered: None
                                                                  MOTION for Entry of Default by Home Loan and Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 12/21/2009)
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                                                                    Legal Document (Payment Possibly Required) 20 Filed: 12/15/2009, Entered: None
                                                                    STIPULATION /Request by Plaintiff for an Extension of Time for Defendant City of New York to Answer or Move against the Amended Complaint until 1/15/10, by Home Loan and Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 12/15/2009)
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                                                                      Legal Document (Payment Possibly Required) 19 Filed: 12/8/2009, Entered: None
                                                                      SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Community National Bank served on 11/19/2009, answer due 12/10/2009. (Sweeney, Patrick) (Entered: 12/08/2009)
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                                                                        Legal Document (Payment Possibly Required) 18 Filed: 12/8/2009, Entered: None
                                                                        SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Destiny3 Inc. served on 11/27/2009, answer due 12/18/2009. (Sweeney, Patrick) (Entered: 12/08/2009)
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                                                                          Legal Document (Payment Possibly Required) 17 Filed: 12/8/2009, Entered: None
                                                                          SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Andrea Torruellas served on 11/27/2009, answer due 12/18/2009. (Sweeney, Patrick) (Entered: 12/08/2009)
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                                                                            Legal Document (Payment Possibly Required) 16 Filed: 12/8/2009, Entered: None
                                                                            SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Lauday, Inc. served on 11/27/2009, answer due 12/18/2009. (Sweeney, Patrick) (Entered: 12/08/2009)
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                                                                              Legal Document (Payment Possibly Required) 15 Filed: 12/1/2009, Entered: None
                                                                              SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. The State of New York served on 11/20/2009, answer due 12/11/2009. (Sweeney, Patrick) (Entered: 12/01/2009)
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                                                                                Legal Document (Payment Possibly Required) 14 Filed: 12/1/2009, Entered: None
                                                                                SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. The City of New York served on 11/20/2009, answer due 12/11/2009. (Sweeney, Patrick) (Entered: 12/01/2009)
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                                                                                  Legal Document (Payment Possibly Required) 13 Filed: 11/13/2009, Entered: None
                                                                                  AMENDED COMPLAINT against Aretha Barrett, Destiny3 Inc., John Doe Nos 1-100, Lauday, Inc., The City of New York, The State of New York, Andrea Torruellas, Community National Bank, filed by Home Loan and Investment Bank, F.S.B.. (Attachments: # 1 Exhibit A-G) (Sweeney, Patrick) (Entered: 11/13/2009)
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                                                                                    Legal Document (Payment Possibly Required) 12 Filed: 8/28/2009, Entered: None
                                                                                    Clerk's ENTRY OF DEFAULT as to Destiny3 Inc., Lauday, Inc., Andrea Torruellas Motions terminated: 7 MOTION for Entry of Default filed by Home Loan and Investment Bank, F.S.B.. (Hamilton, Janet) (Entered: 08/28/2009)
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                                                                                      Legal Document (Payment Possibly Required) 11 Filed: 8/26/2009, Entered: None
                                                                                      SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Matthew Barrett served on 8/24/2009, answer due 9/14/2009. (Toriello, John) (Entered: 08/26/2009)
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                                                                                        Legal Document (Payment Possibly Required) 10 Filed: 8/26/2009, Entered: None
                                                                                        SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Aretha Barrett served on 8/24/2009, answer due 9/14/2009. (Toriello, John) (Entered: 08/26/2009)
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                                                                                          Legal Document (Payment Possibly Required) 9 Filed: 8/25/2009, Entered: None
                                                                                          NOTICE by Home Loan and Investment Bank, F.S.B. re 8 Declaration, 7 MOTION for Entry of Default , for Clerk's Entry of Notation of Default (Sweeney, Patrick) (Entered: 08/25/2009)
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                                                                                            Legal Document (Payment Possibly Required) 8 Filed: 8/24/2009, Entered: None
                                                                                            DECLARATION re 7 MOTION for Entry of Default by Home Loan and Investment Bank, F.S.B. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Sweeney, Patrick) (Entered: 08/24/2009)
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                                                                                              Legal Document (Payment Possibly Required) 7 Filed: 8/24/2009, Entered: None
                                                                                              MOTION for Entry of Default by Home Loan and Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 08/24/2009)
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                                                                                                Legal Document (Payment Possibly Required) 6 Filed: 8/3/2009, Entered: None
                                                                                                SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Destiny3 Inc. served on 7/25/2009, answer due 8/14/2009. (Toriello, John) (Entered: 08/03/2009)
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                                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 8/3/2009, Entered: None
                                                                                                  SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Andrea Torruellas served on 7/25/2009, answer due 8/14/2009. (Toriello, John) (Entered: 08/03/2009)
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                                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 8/3/2009, Entered: None
                                                                                                    SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. Lauday, Inc. served on 7/25/2009, answer due 8/14/2009. (Toriello, John) (Entered: 08/03/2009)
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                                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 7/23/2009, Entered: None
                                                                                                      SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. The State of New York served on 7/22/2009, answer due 8/11/2009. (Toriello, John) (Entered: 07/23/2009)
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                                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 7/23/2009, Entered: None
                                                                                                        SUMMONS Returned Executed by Home Loan and Investment Bank, F.S.B.. The City of New York served on 7/22/2009, answer due 8/11/2009. (Toriello, John) (Entered: 07/23/2009)
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                                                                                                          Blank 1 Filed: 7/17/2009, Entered: None
                                                                                                          COMPLAINT against Aretha Barrett, Matthew Barrett, Destiny3 Inc., John Doe Nos 1-100, Lauday, Inc., The City of New York, The State of New York, Andrea Torruellas Disclosure Statement on Civil Cover Sheet completed -No,, filed by Home Loan and Investment Bank, F.S.B.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit Continued) (Davis, Kimberly) (Entered: 07/21/2009)
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