On October 10, 2008 a
Order
was filed
involving a dispute between
Deutsche Bank National Trust Company,
and
Dayton Metropolitan Housing Authority,
Jane Doe Amos Unknown,
John Amos,
Montgomery County Treasurer,
State Of Ohio Department Of Taxation,
for JANE DOE AMOS UNKNOWN
in the District Court of Montgomery County.
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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, May 08, 2015 3:59:19 PM
CASE_D SCR
CASE_ TYPE
DOCKET_ CODE
CV
*CVDEC
CASE NUMBER: 2008 CV 09285 Docket ID: 28318515
2008 CV 09285
GREGORY A BRUSH
FORMSGEN YES
WORDDOC YES
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
Court
DEUTSCHE BANK NATIONAL TRUST CASE NO. 2008 CV 09285
COMPANY,
JUDGE MICHAEL L. TUCKER
Pleas
Plaintiff(s),
-vs-
Common
JOHN AMOS et al,
General Division
Defendant(s).
County
TAX EASE OHIO LLC, CASE NO. 2015 CV 00879
Plaintiff(s), JUDGE MARY L WISEMAN
-vs- DECISION, ENTRY AND ORDER
Montgomery
OVERRULING MOTION TO
JOHN AMOS et al, CONSOLIDATE
Defendant(s).
Plaintiff, Tax Ease Ohio LLC, on May 5, 2015, filed a motion to consolidate Case Number 2008 CV
9285, assigned to Judge Michael Tucker, with Case No. 2015 CV 879, assigned to Judge Mary Wiseman, on
the basis that the same parcel of real estate is involved in each case. The court finds that the parties involved
in Case No. 2008 CV 9285, including Deutsche Bank National Trust as the primary mortgage holder, are
involved in Case No. 2015 CV 879. The Court further finds that since the Sheriff Sale was cancelled in
August 2009 in Case No. 2008 CV 9285, there has been no activity to proceed to foreclosure with the Order
of Sale having been withdrawn. Therefore, there is no reason Plaintiff in Case No. 2015 CV 879 will be
prejudiced, or precluded from proceeding to foreclosure sale, with all parties interests properly protected.
Based on this, the Court overrules Plaintiff’s motion to consolidate.
SO ORDERED:
JUDGE MICHAEL L. TUCKER
This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the
filing to the e-Filing account "Notifications" tab of the following case participants:
GEORGE J ANNOS
(216) 360-7200
Attorney for Plaintiff, Deutsche Bank National Trust Company
CHRISTOPHER C GREEN
(937) 910-7530
Attorney for Defendant, Dayton Metropolitan Housing Authority
NOLAN THOMAS
(937) 225-5760
Attorney for Defendant, Montgomery County Treasurer
AUSTIN B BARNES III
(866) 705-8353
Attorney for Plaintiff, Tax Ease Ohio LLC
ROBERT K HOGAN
(513) 744-9600
Attorney for Defendant, Midland Funding LLC
Copies of this document were sent to all parties listed below by ordinary mail:
JOHN AMOS
938 ETHEL AVE
DAYTON, OH 45408
Defendant
JANE DOE AMOS, UNKNOWN SPOUSE OF
938 ETHEL AVE
DAYTON, OH 45408
Defendant
STATE OF OHIO DEPARTMENT OF TAXATION
CO OHIO ATTORNEY GENERAL
150 E GAY STREET
21ST FLOOR
COLUMBUS, OH 43215
Defendant
ANN M. SCOTT, Bailiff (937) 225-4448
TANDI DANKLEF, BAILIFF (937) 225-4384
2
General Divison
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422
Type: Decision
Case Number: Case Title
2008 CV 09285: DEUTSCHE BANK NATIONAL TRUST COMPANY vs JOHN
AMOS
2015 CV 00879: TAX EASE OHIO LLC vs JOHN AMOS
So Ordered
Electronically signed by mtucker on 2015-05-08 16:00:14
page 3 of 3
Document Filed Date
May 08, 2015
Case Filing Date
October 10, 2008
Category
JANE DOE AMOS UNKNOWN
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, May 08, 2015 3:59:19 PM CASE_D SCR CASE_ TYPE DOCKET_ CODE CV *CVDEC CASE NUMBER: 2008 CV 09285 Docket ID: 28318515 2008 CV 09285 GREGORY A BRUSH FORMSGEN YES WORDDOC YES CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION Court DEUTSCHE BANK NATIONAL TRUST CASE NO. 2008 CV 09285 COMPANY, JUDGE MICHAEL L. TUCKER Pleas Plaintiff(s), -vs- Common JOHN AMOS et al, General Division Defendant(s). County TAX EASE OHIO LLC, CASE NO. 2015 CV 00879 Plaintiff(s), JUDGE MARY L WISEMAN -vs- DECISION, ENTRY AND ORDER Montgomery OVERRULING MOTION TO JOHN AMOS et al, CONSOLIDATE Defendant(s). Plaintiff, Tax Ease Ohio LLC, on May 5, 2015, filed a motion to consolidate Case Number 2008 CV 9285, assigned to Judge Michael Tucker, with Case No. 2015 CV 879, assigned to Judge Mary Wiseman, on the basis that the same parcel of real estate is involved in each case. The court finds that the parties involved in Case No. 2008 CV 9285, including Deutsche Bank National Trust as the primary mortgage holder, are involved in Case No. 2015 CV 879. The Court further finds that since the Sheriff Sale was cancelled in August 2009 in Case No. 2008 CV 9285, there has been no activity to proceed to foreclosure with the Order of Sale having been withdrawn. Therefore, there is no reason Plaintiff in Case No. 2015 CV 879 will be prejudiced, or precluded from proceeding to foreclosure sale, with all parties interests properly protected. Based on this, the Court overrules Plaintiff’s motion to consolidate. SO ORDERED: JUDGE MICHAEL L. TUCKER This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the filing to the e-Filing account "Notifications" tab of the following case participants: GEORGE J ANNOS (216) 360-7200 Attorney for Plaintiff, Deutsche Bank National Trust Company CHRISTOPHER C GREEN (937) 910-7530 Attorney for Defendant, Dayton Metropolitan Housing Authority NOLAN THOMAS (937) 225-5760 Attorney for Defendant, Montgomery County Treasurer AUSTIN B BARNES III (866) 705-8353 Attorney for Plaintiff, Tax Ease Ohio LLC ROBERT K HOGAN (513) 744-9600 Attorney for Defendant, Midland Funding LLC Copies of this document were sent to all parties listed below by ordinary mail: JOHN AMOS 938 ETHEL AVE DAYTON, OH 45408 Defendant JANE DOE AMOS, UNKNOWN SPOUSE OF 938 ETHEL AVE DAYTON, OH 45408 Defendant STATE OF OHIO DEPARTMENT OF TAXATION CO OHIO ATTORNEY GENERAL 150 E GAY STREET 21ST FLOOR COLUMBUS, OH 43215 Defendant ANN M. SCOTT, Bailiff (937) 225-4448 TANDI DANKLEF, BAILIFF (937) 225-4384 2 General Divison Montgomery County Common Pleas Court 41 N. Perry Street, Dayton, Ohio 45422 Type: Decision Case Number: Case Title 2008 CV 09285: DEUTSCHE BANK NATIONAL TRUST COMPANY vs JOHN AMOS 2015 CV 00879: TAX EASE OHIO LLC vs JOHN AMOS So Ordered Electronically signed by mtucker on 2015-05-08 16:00:14 page 3 of 3