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United States v. Real Property Known As 3492 Riva Court

United States District Court, Sixth Circuit

June 5, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY KNOWN AS: 3492 RIVA COURT, BEAVERCREEK, OH 45430, et al. DEFENDANTS.

CARTER M. STEWART, United States Attorney, PAMELA M. STANEK (0030155), Assistant U.S. Attorney, Dayton, OH, Attorney for Plaintiff.

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

TIMONTY S. BLACK, District Judge.

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. ยง 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 108B-109B 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 ...

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