United States of America v. Real Property Known as 3492 Riva Court Beavercreek OH 45430 et al

Filing 33

AGREED ORDER RE: DEFENDANT (1) REAL PROPERTY KNOWN AS 3492 RIVA COURT, BEAVERCREEK, OHIO 45430. Signed by Judge Timothy S. Black on 6/5/2013. (mr1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA,
PLAINTIFF,
VS.

:

CASE NO. 3:12CV359

:

JUDGE TIMOTHY S. BLACK

:

(1) REAL PROPERTY KNOWN AS:
3492 RIVA COURT,
BEAVERCREEK, OH 45430, et al.
DEFENDANTS.

:
:
:

AGREED ORDER RE: DEFENDANT (1) REAL PROPERTY
KNOWN AS 3492 RIVA COURT, BEAVERCREEK, OHIO 45430

IT IS HEREBY AGREED AND STIPULATED by and between Plaintiff, United States
of America, Potential Claimant, UNION SAVINGS BANK and Claimants, THERESA
ALEXANDER and BRIAN PESTER, that their claims are resolved as follows:
1.

The sum of Ninety Eight Thousand Five Hundred Dollars ($98,500.00) paid by
Potential Claimant, UNION SAVINGS BANK, shall be tendered to the United
States pursuant to 18 U.S.C. § 981(a)(1)(A) and (C) in lieu of Defendant (1) Real
Property Known as 3492 Riva Court, Beavercreek, Ohio 45430 (hereinafter
referred to as the “Defendant RP known as 3492 Riva Court”) and having the
following legal description;
Situated in the City of Beavercreek, County of Greene, State of Ohio and being
Lot Numbered SEVEN (7) The Oaks, as recorded in Plat Cabinet 30, Pages 108B109B of the Plat Records of Greene County, Ohio.
Auditor Parcel Number: B42-6-3-157
Prior Instrument Reference: Official Record Vol. 3143, Page 519 of the Deed
Records of Greene County, Ohio

2.

Claimants, THERESA ALEXANDER and BRIAN PESTER, and Potential
Claimant, UNION SAVINGS BANK, shall release any and all claims, known and
unknown, which they may have against the Plaintiff, its agencies, and/or
employees as well as local law enforcement agencies and their employees, arising
out of the facts giving rise to this forfeiture action;

3.

The United States and its agencies, shall release any and all forfeiture claims,
known or unknown, including any forfeiture claim to the Defendant RP known as
3492 Riva Court and any proceeds that UNION SAVINGS BANK may have
obtained through the sale of the Defendant RP known as 3492 Riva Court, arising
out of the facts giving rise to this forfeiture action;

4.

Claimants, THERESA ALEXANDER and BRIAN PESTER, shall release any
and all claims, known and unknown, which they may have against Potential
Claimant, UNION SAVINGS BANK, arising out of the facts giving rise to this
forfeiture action;

5.

Potential Claimant, UNION SAVINGS BANK, shall release any and all claims,
known and unknown, which it may have against Claimants, THERESA
ALEXANDER and BRIAN PESTER, arising out of the facts giving rise to this
forfeiture action;

6.

Each party shall bear their own costs, including attorneys’ fees, court costs, or
other expenses of litigation arising out of this forfeiture action, except that
Potential Claimant Union Savings Bank shall pay Claimants THERESA
ALEXANDER and BRIAN PESTER the amount of $3,000.00 to be applied
toward Claimants’ attorney fees;

7.

The Court will retain jurisdiction to enforce the terms of this Agreement; and

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1.

The sum of Ninety Eight Thousand Five Hundred Dollars ($98,500.00) is hereby
forfeited pursuant to 18 U.S.C. § 981(a)(1)(A) and (C) to the United States in lieu
of Defendant (1) Real Property known as 3492 Riva Court, Beavercreek, Ohio
45430 and having the following legal description:
Situated in the City of Beavercreek, County of Greene, State of Ohio and being
Lot Numbered SEVEN (7) The Oaks, as recorded in Plat Cabinet 30, Pages 108B109B of the Plat Records of Greene County, Ohio.
Auditor Parcel Number: B42-6-3-157
Prior Instrument Reference: Official Record Vol. 3143, Page 519 of the Deed
Records of Greene County, Ohio

2.

Any and all claims, known and unknown, which Claimants, THERESA
ALEXANDER and BRIAN PESTER, and Potential Claimant, UNION SAVINGS
BANK, may have against the Plaintiff, its agencies, and/or employees as well as
local law enforcement agencies and their employees, arising out of the facts
giving rise to this forfeiture action are hereby released;

3.

Any and all claims, known and unknown, which Claimants, THERESA
ALEXANDER and BRIAN PESTER, may have against Potential Claimant,
UNION SAVINGS BANK, arising out of the facts giving rise to this forfeiture
action are hereby released;

4.

Any and all claims, known and unknown, which Potential Claimant, UNION
SAVINGS BANK, may have against Claimants, THERESA ALEXANDER and
BRIAN PESTER, arising out of the facts giving rise to this forfeiture action are
hereby released;

5.

Any and all forfeiture claims, known or unknown, which Plaintiff, United States
of America and its agencies, may have against Claimants, THERESA
ALEXANDER and BRIAN PESTER, and Potential Claimant, UNION SAVINGS
BANK, including any forfeiture claim to the Defendant RP known as 3492 Riva
Court and any proceeds that UNION SAVINGS BANK may have obtained
through the sale of the Defendant RP known as 3492 Riva Court, arising out of
the facts giving rise to this forfeiture action are hereby released;

6.

Each party shall bear their own costs, including attorneys’ fees, court costs, or
other expenses of litigation arising out of this forfeiture action except that Union
Savings Bank shall pay Claimants THERESA ALEXANDER and BRIAN
PESTER the amount of $3,000.00 to be applied toward Claimants’ attorney fees;

7.

The Court will retain jurisdiction to enforce the terms of this Agreement; and

8.

This case remains pending against the following Defendants:
Defendant 2. 2004 Ford Mustang V8 Coupe 2D Mach I,
VIN:1FAFP42R24F216379
Defendant 3. 2005 Pontiac GTO V8 Coupe 2D, VIN: 6G2VX12U95L462299
Defendant 4. 2006 Pontiac GTO V8 Coupe 2D, VIN: 6G2VX12U26L833630
Defendant 5. $4,270.00 U.S. Currency.

IT IS SO ORDERED:

s/ Timothy S. Black
TIMOTHY S. BLACK
UNITED STATES DISTRICT COURT JUDGE
CARTER M. STEWART
United States Attorney
s/Pamela M. Stanek
PAMELA M. STANEK (0030155)
Assistant U.S. Attorney
600 Federal Building
200 West Second Street
Dayton, OH 45402
[phone]
[phone] Fax
Attorney for Plaintiff
[e-mail]

s/Jeanne M. Cors
JEANNE M. CORS (0070660)
RALPH W. KOHNEN (0034418)
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202
[phone]
[phone] Fax
Attorney for Union Savings Bank
[e-mail]
[e-mail]

s/Thomas W. Kendo, Jr.
THOMAS W. KENDO, JR. (0058548)
Thomas W. Kendo, Jr. Co. LPA
Attorney for Claimants,
Theresa Alexander & Brian Pester
[e-mail]