On November 14, 2007 a
Conference
was filed
involving a dispute between
U S Bank National Association,
and
Chase Home Finance,
Marion L Quinn,
Montgomery County Treasurer,
Wesley A Quinn,
for MARION L QUINN
in the District Court of Montgomery County.
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General Division
Montgomery County Common Pleas Court
CC temic
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
US BANK NATIONAL ASSOCIATION, CASE NO, 2007 CV 09571
Plaintiff, JUDGE JEFFREY E. FROELICH
MAGISTRATE DAVID H. FUCHSMAN
=VS-
WESLEY A QUINN et al, ENTRY STAYING SHERIFF’S SALE
Defendants
TO: Honorable JEFFREY E. FROELICH
FROM: Magistrate DAVID H. FUCHSMAN
This matter is currently before the Court upon a Motion filed by Defendants, Wesley A. Quinn and
Marion Quinn, seeking a Stay Order of the Sheriff's Sale of the subject real property; currently scheduled to
take place February 27, 2009.
The Court notes that there has been a Motion to Vacate the Judgment of Foreclosure pending since
December 18, 2008. Without commenting on the merits of that Motion, the Court finds it likely that should a
Magistrate’s Decision be filed that recommends overruling the Motion to Vacate Judgment, it is likely that
objections would be filed that would in turn probably lead to a Stay of the Sale.
Therefore, the Court hereby ORDERS the Montgomery County Sheriff to withdraw from the
February 27, 2009 sale, the subject property. However, the Court will make such orders as are appropriate,
and al the appropriate time, allocating responsibility for the costs incurred by stopping the Sheriff's Sale at
this late date.SO ORDERED:
E JEFFREY E. FROELIC)
MAGISTRATE DAVID H. FUCHSMAN
Copies of the above were sent to all parties listed below by ordinary mail this date of filing.
CRAIG A. THOMAS
ATTORNEY AT LAW
P.O. BOX 5480
CINCINNATI, OH 45201-5480
(513) 241-3100
Attorney for Plaintiff
DEANNA C STOUTENBOROUGH
ATTORNEY AT LAW
ONE EAST FOURTH STREET 25-C860A
CINCINNATI, OH 45202
(513) 241-3100 x3332
Co-Counsel for Plaintiff
RANDALL J. SMITH
ATTORNEY AT LAW
MIAMI VALLEY FAIR HOUSING CENTER INC.
21-23 EAST BABBITT STREET
DAYTON, OH 45405-4968
(937) 223-6035
Attomey for Defendants, Wesley and Marion Quinn
COLETTE CARR
ASSISTANT PROSECUTING ATTORNEY
301 WEST THIRD STREET
FIFTH FLOOR
DAYTON, OH 45422-4248
(937)-225-5757
Attorney for Defendant, Montgomery County Treasurer
CHASE HOME FINANCE
MERGER TO CHASE MORTGAGE COMPANY
3415 VISION DRIVE
COLUMBUS, OH 43219
Defendant, Pro Se
MONTGOMERY COUNTY SHERIFF’S OFFICE
Magistrates’ Office (937) 225-4168
Document Filed Date
February 17, 2009
Case Filing Date
November 14, 2007
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General Division Montgomery County Common Pleas Court CC temic IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION US BANK NATIONAL ASSOCIATION, CASE NO, 2007 CV 09571 Plaintiff, JUDGE JEFFREY E. FROELICH MAGISTRATE DAVID H. FUCHSMAN =VS- WESLEY A QUINN et al, ENTRY STAYING SHERIFF’S SALE Defendants TO: Honorable JEFFREY E. FROELICH FROM: Magistrate DAVID H. FUCHSMAN This matter is currently before the Court upon a Motion filed by Defendants, Wesley A. Quinn and Marion Quinn, seeking a Stay Order of the Sheriff's Sale of the subject real property; currently scheduled to take place February 27, 2009. The Court notes that there has been a Motion to Vacate the Judgment of Foreclosure pending since December 18, 2008. Without commenting on the merits of that Motion, the Court finds it likely that should a Magistrate’s Decision be filed that recommends overruling the Motion to Vacate Judgment, it is likely that objections would be filed that would in turn probably lead to a Stay of the Sale. Therefore, the Court hereby ORDERS the Montgomery County Sheriff to withdraw from the February 27, 2009 sale, the subject property. However, the Court will make such orders as are appropriate, and al the appropriate time, allocating responsibility for the costs incurred by stopping the Sheriff's Sale at this late date.SO ORDERED: E JEFFREY E. FROELIC) MAGISTRATE DAVID H. FUCHSMAN Copies of the above were sent to all parties listed below by ordinary mail this date of filing. CRAIG A. THOMAS ATTORNEY AT LAW P.O. BOX 5480 CINCINNATI, OH 45201-5480 (513) 241-3100 Attorney for Plaintiff DEANNA C STOUTENBOROUGH ATTORNEY AT LAW ONE EAST FOURTH STREET 25-C860A CINCINNATI, OH 45202 (513) 241-3100 x3332 Co-Counsel for Plaintiff RANDALL J. SMITH ATTORNEY AT LAW MIAMI VALLEY FAIR HOUSING CENTER INC. 21-23 EAST BABBITT STREET DAYTON, OH 45405-4968 (937) 223-6035 Attomey for Defendants, Wesley and Marion Quinn COLETTE CARR ASSISTANT PROSECUTING ATTORNEY 301 WEST THIRD STREET FIFTH FLOOR DAYTON, OH 45422-4248 (937)-225-5757 Attorney for Defendant, Montgomery County Treasurer CHASE HOME FINANCE MERGER TO CHASE MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Defendant, Pro Se MONTGOMERY COUNTY SHERIFF’S OFFICE Magistrates’ Office (937) 225-4168