On April 22, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Bank Of New York Mellon,
and
First National Bank,
John Doe Seibert Unknown Spouse Of Laura S Seibert,
Laura S Seibert,
Montgomery County Treasurer,
for JOHN DOE SEIBERT UNKNOWN SPOUSE OF LAURA S SEIBERT
in the District Court of Montgomery County.
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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, October 10, 2013 7:53:49 AM
CASE NUMBER: 2013 CV 02450 Docket ID: 18535587
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
13-05785
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
The Bank of New York Mellon, FKA The CASE NO. 2013 CV 02450
Bank of New York, as Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee for JUDGE GREGORY F. SINGER
the Noteholders of the CWHEQ Inc., CWHEQ
Revolving Home Equity Loan Trust, Series
2005-L
Plaintiff
-vs-
Laura S. Seibert, et al.
MOTION WITHDRAWING SALE
Defendant(s)
Now comes the Plaintiff and moves this Court to withdraw the Order of Sale scheduled
for October 11, 2013.
It is represented to this Court that the Plaintiff is exploring alternatives to resolve this matter
short of a foreclosure sale.
Wherefore, Plaintiff moves this Court that the Order of Sale scheduled for October 11,
2013 be returned by the Sheriff unexecuted and leave granted to Plaintiff to file an Alias Order
of Sale.
Respectfully submitted,
THE LAW OFFICES OF
JOHN D. CLUNK CO., L.P.A.
/s/ Charles V. Gasior
Charles V. Gasior #0075946
Attorneys for Plaintiff
4500 Courthouse Blvd.
Suite 400
Stow, OH 44224
(330) 436-0300 - telephone
(330) 436-0301 - facsimile
requests@johndclunk.com
CERTIFICATE OF SERVICE
A copy of the foregoing Motion was served upon all parties of record and/or their
attorneys by ordinary U.S. Mail this 9th day of October, 2013.
Laura S. Seibert
2527 Berwyck Avenue
Dayton, OH 45414
First National Bank
401 West A Street
San Diego, CA 92101
Margaret M. Carper, Esq.
Attorney for Defendant, Treasurer of Montgomery County
5th Floor, 301 West Third Street
Dayton, OH 45402
THE LAW OFFICES OF
JOHN D. CLUNK CO., L.P.A.
/s/ Charles V. Gasior
Charles V. Gasior #0075946
Attorneys for Plaintiff
4500 Courthouse Blvd.
Suite 400
Stow, OH 44224
(330) 436-0300 - telephone
(330) 436-0301 - facsimile
requests@johndclunk.com
Document Filed Date
October 10, 2013
Case Filing Date
April 22, 2013
Category
JOHN DOE SEIBERT UNKNOWN SPOUSE OF LAURA S SEIBERT
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, October 10, 2013 7:53:49 AM CASE NUMBER: 2013 CV 02450 Docket ID: 18535587 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO 13-05785 IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO The Bank of New York Mellon, FKA The CASE NO. 2013 CV 02450 Bank of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for JUDGE GREGORY F. SINGER the Noteholders of the CWHEQ Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2005-L Plaintiff -vs- Laura S. Seibert, et al. MOTION WITHDRAWING SALE Defendant(s) Now comes the Plaintiff and moves this Court to withdraw the Order of Sale scheduled for October 11, 2013. It is represented to this Court that the Plaintiff is exploring alternatives to resolve this matter short of a foreclosure sale. Wherefore, Plaintiff moves this Court that the Order of Sale scheduled for October 11, 2013 be returned by the Sheriff unexecuted and leave granted to Plaintiff to file an Alias Order of Sale. Respectfully submitted, THE LAW OFFICES OF JOHN D. CLUNK CO., L.P.A. /s/ Charles V. Gasior Charles V. Gasior #0075946 Attorneys for Plaintiff 4500 Courthouse Blvd. Suite 400 Stow, OH 44224 (330) 436-0300 - telephone (330) 436-0301 - facsimile requests@johndclunk.com CERTIFICATE OF SERVICE A copy of the foregoing Motion was served upon all parties of record and/or their attorneys by ordinary U.S. Mail this 9th day of October, 2013. Laura S. Seibert 2527 Berwyck Avenue Dayton, OH 45414 First National Bank 401 West A Street San Diego, CA 92101 Margaret M. Carper, Esq. Attorney for Defendant, Treasurer of Montgomery County 5th Floor, 301 West Third Street Dayton, OH 45402 THE LAW OFFICES OF JOHN D. CLUNK CO., L.P.A. /s/ Charles V. Gasior Charles V. Gasior #0075946 Attorneys for Plaintiff 4500 Courthouse Blvd. Suite 400 Stow, OH 44224 (330) 436-0300 - telephone (330) 436-0301 - facsimile requests@johndclunk.com