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Home My WebLink About11-6907I I - 10401 0,1 v, I Terr>n 'SAO 132 (Rev. 12/03) Exemplification Certificate C7 rv C:! UNITED STATES DISTRICT COURT ° Middle District of Pennia i i -f- r ;6 NG? cT oa zs CD EXEMPLIFICATION CER'&IC3TgF3 x cn v I, Mary E. D'Andrea Clerk of this United- StaM 1 trict Court, keeper of the records and seal, certify that the attached documents: Docket Sheet for case 1:09-CV-2469, Shafik et al v. Curran and Judgment dated August 16, 2011, document seventy six (76) on the docket sheet. are true copies of records of this Court. In testimony whereof Harrisburg, Pennsylvania sign my name and affix the seal of this Court, in this District, at on City U S. VANDRF?A Clerk I, certify that J. Andrew Smyser a Judicial Officer of this Court, Mary E. D'Andrea , named above, is and was on the date noted, Clerk of this Court, duly appointed and sworn, and keeper of the records and seal, and that this certificate, and the attestation of the record, are in accordance with the laws of the United States. 8/22/2011 Ism ,-- Date Signatt e of Judge United States Magistrate Judge Title 1 Mary E. D'Andrea keeper of the seal, certify that the Honorable Clerk of this United States District Court, J. Andrew Smyser , Judge named above, is and was on the date noted a Judicial Officer of this Court, duly appointed, sworn and qualified, and that I am well acquainted with the Judge's official signature and know and certify the above signature to be that of the Judge. In testimony whereof I sign my name, and affix the seal of this Court at Harrisburg, Pennsylvania in this State, on 8/22%2011 City WMEMANDRFA Clerk 4a4.00 Pa Ayyy 016117 tit a&q a.jvo Nvhk e MULL0l C.owell,Q, GA'TE'S 8/22/2011 Date l°LC (By) De uty Clerk Date F Lac f_1?. ?f It ??tiL, (By) Deputy Clerk f' eiifiad from the rscOrd t vim. IL(, AO 450 (Rev. 01/09) Judgment in a Civil Action UNITED STATES DISTRICT COURT for the Middle District of Pennsylvania RYAN SHARK, et al. ) Plaintiff ) V. ) Civil Action No. 1:09-CV-2469 JOHN F. CURRAN, III ) Defendant ) JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): ? the plaintiff (name) defendant (name) interest at the rate of dollars ($ plus postjudgment interest at the rate of recover from the the amount of which includes prejudgment along with costs. 0 the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name) 9( other: The Clerk of Court is directed to enter judgment in favor of the plaintiff Rockwood Strategies, LP and against the defendant John F. Curran, III, on Count I, in the amount of $28,000.00. The Clerk of Court is directed to enter judgment in favor of the defendant John F. Curran, III and against the plaintiff Ryan Shafik on Counts II and III. This action was (check one): ? tried by a jury with Judge presiding, and the jury has rendered a verdict. ® tried by Judge J. Andrew Smyser, U.S. Magistrate without a jury and the above decision was reached. 0 decided by Judge Date: 08/16/2011 CLERK OF COURT on a motion for _s/Rashelle Coleman Signature of Clerk or Deputy Clerk `?s1?ifm d from the record L" D' ndr a Clerk Deputy Clerk Pennsylvania Middle District Version 4. 1.1 Page 1 of 10 CLOSED, CONMAG, HBG, STANDARD United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:09-cv-02469-JAS Internal Use Only Shafik et al v. Curran Date Filed: 12/15/2009 Assigned to: Magistrate Judge J. Andrew Smyser Date Terminated: 08/16/2011 Cause: 28:1332 Diversity-Breach of Contract Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity Plaintiff Ryan Shark a« Plaintiff Rockwood Strategies, LP represented by Lowell R. Gates Gates, Halbruner, Hatch & Gulse, PC 1013 Mumma Road Suite 100 Lemoyne, PA 17043 717-731-9600 Email: l.r.gates@gateslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Sarah McCarroll Gates, Halbruner & Hatch, PC 1013 Mumma Road Suite 100 Lemoyne, PA 17043 717-721-9600 Fax: 717-731-9627 Email: s.mccarroll@gateslawfirm.com ATTORNEY TO BE NOTICED represented by Lowell R. Gates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sarah McCarroll (See above for address) ATTORNEY TO BE NOTICED Plaintiff Andrew Emerick V represented by Lowell R. Gates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L_674_0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Defendant John F. Curran represented by John F. Curran 1802 Boog Road Hampstead, MD 21074 PRO SE James P. DeAngelo McNees Wallace & Nurick 100 Pine St. PO Box 1166 Harrisburg, PA 17108-1166 717-232-8000 Email: jdeangelo@mwn.com TERMINATED: 0113112011 ATTORNEY TO BE NOTICED Page 2 of 10 James J. Franklin McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5375 Email: jfranklin@mwn.com TERMINATED: 0113112011 ATTORNEY TO BE NOTICED Kimberly A. Selemba McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-232-8000 Email: kselemba@mwn.com TERMINATED: 0113112011 ATTORNEY TO BE NOTICED Paul M. Flannery Rosenberg Martin Greenberg, LLP 25 S. Charles Street Suite 2115 Baltimore, MD 21201 410.727.6600 Email: pflannery@rosenbergmartin.com ATTORNEY TO BE NOTICED William L. Hallam Rosenberg, Martin & Greenberg LLP 25 South Charles Street Suite 2115 Baltimore, MD 21202 410-727-8545 Fax: 410-727-1115 Email: whallam@tandllaw.com https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L_674_0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 ATTORNEY TO BE NOTICED Page 3 of 10 Date Filed # Docket Text 12/15/2009 1 COMPLAINT against John F. Curran ( Filing fee $350, Receipt Number 1748311), filed by Ryan Shafik, Rockwood Strategies, LP, Andrew Emerick. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s))(aaa ) (Entered: 12/16/2009) 12/16/2009 Summons Issued as to John F. Curran and provided to Attorney for service on Defendant. (aaa) (Entered: 12/16/2009) 12/16/2009 2 LETTER addressed to counsel Re: Case Assignment and Procedures. Signed by Chief Judge Yvette Kane on 12/16/09. (sc) (Entered: 12/16/2009) 01/11/2010 3. NOTICE of Appearance by Kimberly A. Selemba on behalf of John F. Curran. (Selemba, Kimberly) (Entered: 01/11/2010) 01/11/2010 4 NOTICE of Appearance by James P. DeAngelo on behalf of John F. Curran. (DeAngelo, James) (Entered: 01/11/2010) 01/15/2010 5. WAIVER OF SERVICE Returned by Ryan Shafik, Rockwood Strategies, LP, Andrew Emerick. John F. Curran waiver sent on 12/18/2009, answer due 2/16/2010. (Gates, Lowell) (Entered: 01/15/2010) 02/16/2010 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by John F. Curran. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Proposed Order Proposed Order)(Selemba, Kimberly) (Entered: 02/16/2010) 02/16/2010 7 CERTIFICATE of Counsel re 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue re: Local Rule 7.1 (non-concurrence) by Kimberly A. Selemba on behalf of John F. Curran (Selemba, Kimberly) (Entered: 02/16/2010) 02/23/2010 8 SCHEDULING ORDER: IT IS HEREBY ORDERED that the Case Management Conference is set for 4/15/2010 at 11:00 AM. Pltfs cnsl shall initiate the call. The Joint Case Mgmt Plan is due by 4/9/10. Signed by Chief Judge Yvette Kane on 2/23/10. (sc) (Entered: 02/23/2010) 03/02/2010 9 BRIEF IN SUPPORT re 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by John F. Curran.(Selemba, Kimberly) (Entered: 03/02/2010) 03/11/2010 1.0 BRIEF IN OPPOSITION re 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Affidavit and Certificate of Service filed by Ryan Shafik, Rockwood Strategies, LP, Andrew Emerick.(Gates, Lowell) (Entered: 03/11/2010) 03/25/2010 1.1 REPLY BRIEF re 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by John F. Curran. (Attachments: # 1 Affidavit of John F. Curran, III)(Selemba, Kimberly) (Entered: 03/25/2010) 04108/2010 12 CASE MANAGEMENT PLAN Joint by Ryan Shafik, Rockwood Strategies, LP, Andrew Emerick. (Gates, Lowell) (Entered: 04/08/2010) 04/14/2010 13 NOTICE of Hearing on Motion - IT IS HEREBY ORDERED that a hearing on the 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue is set for 5/18/2010 at 01:30 PM in Harrisburg - Courtroom 4 before Chief Judge https:Hecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L_674_0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Page 4 of 10 Yvette Kane.The Case Mgmt Conf set for 4/15/10 is cancelled. Signed by Chief Judge Yvette Kane on April 14, 2010. (sc) (Entered: 04/14/2010) 04/20/2010 14 SCHEDULING ORDER: Motion Hearing 6 is rescheduled for 5/26/2010 at 02:00 PM in Harrisburg - Courtroom 4 before Chief Judge Yvette Kane.Signed by Chief Judge Yvette Kane on 4/20/10. (pw, ) (Entered: 04/20/2010) 05/26/2010 1.5 (Court only) Minute Sheet for proceedings held before Chief Judge Yvette Kane: Motion Hearing held on 5/26/2010 re 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by John F. Curran. Rmks: Witness presented by plaintiff. Court takes matter under advisement. (Court Reporter Lori A. Shuey.)Total Time in Court [:40] (Attachments: # 1 Witness Activity List) (sc) (Entered: 05/27/2010) 05/27/2010 16 COURT REPORTER NOTES OF PROCEEDINGS filed by L. Shuey of hearing before Judge Kane on 5/26/10. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Kane on 5/26/10. By s/ L. Shuey. (Court Reporter Notes are viewable by court staff only). (ctrepl, ) (Entered: 05/27/2010) 06/17/2010 1_7 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the 6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by John F. Curran is GRANTED IN PART AND DENIED IN PART as follows: 1)Dfts mtn to dismiss for lack of personal jurisdiction is granted as to all clms brought against him by pltf Emerick; 2)Dfts mtn to dismiss for lack of personal jurisdiction is granted as to the defamation claim brought by Pltf Shafik; 3)In all other respects the motion is denied. Signed by Chief Judge Yvette Kane on June 16, 2010. SEE MEMORANDUM FOR DETAILS. (sc) (Entered: 06/17/2010) 06/17/2010 18 SCHEDULING ORDER: IT IS HEREBY ORDERED that a Case Management Conference is set for 7/30/2010 at 01:30 PM. Pltfs cnsl shall initiate the call. Signed by Chief Judge Yvette Kane on June 17, 2010. (sc) (Entered: 06/17/2010) 06/24/2010 19 ANSWER to 1 Complaint with Affirmative Defenses by John F. Curran. (Selemba, Kimberly) (Entered: 06/24/2010) 07/22/2010 2.0 SCHEDULING ORDER: IT IS HEREBY ORDERED that the Case Management Conference is RESCHEDULED to 8/5/2010 at 11:00 AM. Pltf s cnsl shall initiate the call. The Joint Case Mgmt Plan is duey by 7/30/2010. Signed by Chief Judge Yvette Kane on July 22, 2010. (sc) (Entered: 07/22/2010) 07/30/2010 21 NOTICE of Appearance by James J. Franklin on behalf of John F. Curran (Franklin, James) (Entered: 07/30/2010) 07/30/2010 22 AMENDED DOCUMENT by John F. Curran. Amendment to 12 Case Management Plan Joint. (Selemba, Kimberly) (Entered: 07/30/2010) 08/02/2010 23 CONSENT to Proceed Before a US Magistrate Judge Approved. Signed by Chief Judge Yvette Kane on August 2, 2010. (sc) (Entered: 08/02/2010) 08/02/2010 (Court only) ***Deadlines terminated. (sc) (Entered: 08/02/2010) 08/05/2010 24, SCHEDULING ORDER: Case Management Conference set for 8/20/2010 at 09:30 AM in chambers before Magistrate Judge J. Andrew Smyser.Signed by https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L_674_0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Page 5 of 10 Magistrate Judge J. Andrew Smyser on 8/5/10. (pw, ) (Entered: 08/05/2010) 08/20/2010 25, (Court only) Minute Sheet for Case Management Conference held on 8/20/2010 before Magistrate Judge J. Andrew Smyser. Total Time in Court [:15] (rc) (Entered: 08/20/2010) 08/20/2010 2.6 CASE MANAGEMENT ORDER - STANDARD TRACK Discovery due by 1/31/2011. Plaintiff Expert Report is due by 3/4/2011. Defendant Expert Report is due by 1/31/2011. Jury Selection & Trial set for 7/5/2011 at 9:30 AM in Harrisburg - Courtroom 5 before Magistrate Judge J. Andrew Smyser. Motions due by 3/1/2011. Pretrial Memos due by 6/10/2011. Pretrial Conference & Settlement Conference set for 6/16/2011 at 9:00 AM before Magistrate Judge J. Andrew Smyser. Signed by Magistrate Judge J. Andrew Smyser on 8/20/10. (rc) (Entered: 08/20/2010) 01/05/2011 27 MOTION to Withdraw as Attorney by John F. Curran. (Attachments: # 1_ Proposed Order)(Selemba, Kimberly) (Entered: 01/05/2011) 01/06/2011 28 _ ORDER - IT IS ORDERED that the defendant, John F. Curran, III, shall file, on or before January 24, 2011, a response to his counsels motion for leave to withdraw as counsel. The defendant shall indicate whether or not he concurs with the motion for leave to withdraw. The Clerk of Court shall serve a copy of this Order on the defendant at the address listed for the defendant in the certificate of service attached to Document 27. IT IS ALSO ORDERED that the plaintiffs may file, on or before January 24, 2011, a response to the motion for leave to withdraw as counsel. Signed by Magistrate Judge J. Andrew Smyser on 1/6/11. (rc) A COPY OF THIS ORDER WAS SENT TO DEFENDANT John F. Curran, III, ON 1/6/11, by Deputy Clerk Rashelle Coleman. (Entered: 01/06/2011) 01/19/2011 29 BRIEF IN SUPPORT re 27 MOTION to Withdraw as Attorney filed by John F. Curran.(Selemba, Kimberly) (Entered: 01/19/2011) 01/24/2011 3.0 BRIEF IN OPPOSITION re 27 MOTION to Withdraw as Attorney Response to Motion for Leave to Withdraw filed by Rockwood Strategies, LP, Ryan Shafik. (McCarroll, Sarah) (Entered: 01/24/2011) 01/29/2011 3.1_ MOTION to Compel Discovery Deposition of Defendant John Curran by Rockwood Strategies, LP. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3_ Exhibit(s) Exhibit C)(Gates, Lowell) (Entered: 01/29/2011) 01/30/2011 3.2 MOTION for Sanctions by Rockwood Strategies, LP, Ryan Shafik. (Attachments: # _1 Proposed Order Proposed Order)(Gates, Lowell) (Entered: 01/30/2011) 01/30/2011 33 MOTION for Extension of Time to Complete Discovery by Rockwood Strategies, LP, Ryan Shafik. (Attachments: # 1 Proposed Order Proposed Order) (Gates, Lowell) (Entered: 01/30/2011) 01/31/2011 34 ORDER - IT IS ORDERED that the Uncontested Motion 27 for Leave to Withdrawas Counsel filed by Defendants counsel, McNees Wallace & Nurick LLC, the Motion is GRANTED. McNees Wallace & Nurick LLC is afforded leave to withdraw its appearance as counsel for Defendant John F. Curran III. Signed by Magistrate Judge J. Andrew Smyser on 1/31/1 1 (rc) (Entered: 01/31/2011) 01/31/2011 (Court only) * * * Attorney Kimberly A. Selemba; James P. DeAngelo and https://ecf.pamd.eirc3.dcn/cgi-bin/DktRpt.pl?667749296868083-L_674_0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Page 6 of 10 James J. Franklin terminated. (rc) (Entered: 01/31/2011) 01/31/2011 35 BRIEF IN OPPOSITION re 31. MOTION to Compel Discovery Deposition of Defendant John Curran, 32 MOTION for Sanctions, 33 MOTION for Extension of Time to Complete Discovery filed by John F. Curran. (Attachments: # 1, Exhibit(s))(Selemba, Kimberly) (Entered: 01/31/2011) 02/16/2011 36 ORDER: - IT IS ORDERED that a hearing will be held on March 15,2011, at 1:30 p.m. in Courtroom No. 5, Eleventh Floor, Ronald Reagan Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania. The hearing will be held to permit the plaintiffs and John F. Curran, III, the pro se defendant, to presentevidence and argument in support of and in opposition to the plaintiffs motions 31 , 32 and 33 to compel discovery, to impose sanctions against the pro se defendant for failing to appear for a deposition, and to extend the discovery deadline. IT IS FURTHER ORDERED that John F. Curran, 111, the prose defendant, shall inform the Clerk of Court on or before March 4, 2011 of his address. IT IS FURTHER ORDERED that Kimberly Selemba, Esquire the defendants former attorney, shall ascertain that the pro se defendant receives a copy of this Order and, if she shall not have ascertained that the defendant has received a copy of this Order, shall inform Deputy Clerk ofCourt Rashelle Coleman and the plaintiffs attorney that former counsel could not ascertain that the defendant had received a copy of this Order. Signed by Magistrate Judge J. Andrew Smyser on 2/16/11. (rc) (Entered: 02/16/2011) 02/16/2011 37 STANDING PRACTICE ORDER issued to all parties.(rc) (Entered: 02/16/2011) 03/07/2011 38 RESPONSE to 36 Scheduling Order by John F. Curran. (aaa ) (Entered: 03/07/2011) 03/14/2011 39 BRIEF IN SUPPORT re 31 MOTION to Compel Discovery Deposition of Defendant John Curran, 32 MOTION for Sanctions, 33 MOTION for Extension of Time to Complete Discovery filed by Rockwood Strategies, LP, Ryan Shafik. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C)(Gates, Lowell) (Entered: 03/14/2011) 03/15/2011 40, MOTION for Sanctions filed by John F. Curran.(aaa ) (Entered: 03/15/2011) 03/15/2011 41 (Court only) Minute Sheet for Motion Hearing held on 3/15/2011 before Magistrate Judge J. Andrew Smyser. (Court Reporter Lori Fausnaught.jotal Time in Court [:50] (rc) (Entered: 03/15/2011) 03/15/2011 4.2 Exhibit List filed by Plaintiff by Ryan Shafik.. (Attachments: # 1 Exhibits 1 thru 5)(rc) (Entered: 03/15/2011) 03/15/2011 43 ORDER - After a hearing held on March 15, 2011, IT IS ORDEREDthat the plaintiffs motion 31 to compel the depositionof the defendant is GRANTED and the deposition of the defendantshall take place on March 28, 2011 at 9:00 a.m. at the office ofthe plaintiffs counsel in Harrisburg, Pennsylvania.IT IS FURTHER ORDERED that the plaintiffs motion 33 for an extension of the discovery deadline is GRANTED and that the discovery deadline is extended until April 15, 2011 for the sole purpose of allowing the defendants deposition to be taken. Signed by Magistrate Judge J. Andrew Smyser on 3/15/11 (rc) (Entered: 03/15/2011) 03/16/2011 44 COURT REPORTER NOTES OF PROCEEDINGS filed by Lori A. Fausnaught, RMR/CRR of motions hearing before Magistrate Judge J. Andrew https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L 674 0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Page 7 of 10 Smyser on March 15, 2011. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Magistrate Judge J. Andrew Smyser on March 15, 2011. By s/ Lori A. Fausnaught, RMR/CRR. (Court Reporter Notes are viewable by court staff only). (cr6, ) (Entered: 03/16/2011) 03/21/2011 4.5 (Court only) Minute Sheet for proceedings held before Magistrate Judge J. Andrew Smyser: Telephone Discovery Hearing held on 3/21/2011. Total Time in Court [:20] (pw, ) (Entered: 03/21/2011) 03/28/2011 46 (Court only) Minute Sheet for Telephone Conference (Discovery)held on 3/28/2011 before Magistrate Judge J. Andrew Smyser. Total Time in Court [:5] (rc) (Entered: 03/28/2011) 03/29/2011 47 ORDER - IT IS ORDERED that the plaintiffs motion 32 for sanctionsis GRANTED to the extent that the defendant is ordered to pay, within thirty days of the date of this Order, the sum of $1893.54 to the plaintiffs counsel.Signed by Magistrate Judge J. Andrew Smyser on 3/29/11 (rc) (Entered: 03/29/2011) 05/05/2011 48 ORDER - IT IS ORDERED that the defendants motion 40 for sanctions is deemed WITHDRAWN. Signed by Magistrate Judge J. Andrew Smyser on 515111. (rc) (Entered: 05/05/2011) 06/13/2011 49 REPLY by Rockwood Strategies, LP, Ryan Shafik. to 19 Answer to Complaint with Affirmative Defenses. (Gates, Lowell) STRICKEN FROM THE RECORD, per document 50 (rc). (Entered: 06/13/2011) 06/14/2011 50 ORDER - IT IS ORDERED that the plaintiffs reply 49 is STRICKEN FROM THE RECORD. Signed by Magistrate Judge J. Andrew Smyser on 6/14/11. (re) (Entered: 06/14/2011) 06/14/2011 51 Second MOTION to Compel Discovery and Deposition by Rockwood Strategies, LP, Ryan Shafik. (Attachments: # 1_ Exhibit(s) Exhibit A, # 2 Exhibit (s) Exhibit B, # 3 Exhibit(s) Exhibit C-1, # 4 Exhibit(s) Exhibit C-2, # 5 Exhibit (s) Exhibit C-3, # 6 Exhibit(s) Exhibit D, # 7 Exhibit(s) Exhibit E, # 8, Exhibit(s) Exhibit F, # 9 Exhibit(s) Exhibit G, # 10 Exhibit(s) Exhibit H, # 11 Proposed Order Proposed Order)(Gates, Lowell) (Entered: 06/14/2011) 06/16/2011 52 (Court only) Minute Sheet for proceedings held before Magistrate Judge J. Andrew Smyser: Pretrial Conference not held. Defendant failed to appear. Order will issue. Total Time in Court [:15] (rc) (Entered: 06/16/2011) 06/16/2011 53 ORDER - IT IS ORDERED that the non jury trial will begin at 9:30 a.m, on July 5, 2011 in Courtroom No. 5, Eleventh Floor, Ronald Reagan Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania. The plaintiffs will be allotted 2 1 /2 hours for the presentation of their evidence and cross- examination. The defendant will be allotted 2 1/2 hours for the presentation of his evidence and cross-examination. IT IS FURTHER ORDERED that the parties shall file proposed findings of fact and proposed conclusions of law on orbefore June 29, 2011. Supplemental post-trial proposed findings of fact and conclusion of law may be ordered by the court at the conclusion of trial.Signed by Magistrate Judge J. Andrew Smyser on 6/15/11. (re) (Main Document 53 replaced on 6/16/2011) (rc). (Entered: 06/16/2011) 06/21/2011 54 BRIEF IN SUPPORT re 51 Second MOTION to Compel Discovery and Deposition filed by Rockwood Strategies, LP, Ryan Shafik. (Attachments: # 1 https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L-674-0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Page 8 of 10 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order)(Gates, Lowell) (Entered: 06/21/2011) 06/22/2011 55 ORDER - IT IS ORDERED that the plaintiffs second motion 51 to compel discovery is DENIED in all regards except as to the request to hold the defendant in contempt based on his failure to pay the monetary sanctions previously ordered. IT IS FURTHER ORDERED that the defendant shall file, on or before June 29, 2011, a brief in opposition to the motion to the extent thatthe motion requests that he be held in contempt. IT IS FURTHER ORDERED that any reply brief shall be filed on or before July 5,2011. Signed by Magistrate Judge J. Andrew Smyser on 6/22/11 (rc) (Entered: 06/22/2011) 06/22/2011 (Court only) Set/Reset Deadlines as to Brief in Opposition due by 6/29/2011 and any Reply Brief shall be filed on or before 7/5/2011. (rc) (Entered: 06/22/2011) 06/29/2011 5.6 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paul M. Flannery, William L. Hallam on behalf of John F. Curran. Attorney Paul M. Flannery is seeking special admission. Filing Fee: 50.00 Receipt Number: 111 009910. (aaa ) (Entered: 06/29/2011) 06/29/2011 57 MOTION for Leave to Attend Trial as Advisory Counsel Only filed by John F. Curran. (Attachments: # 1 Proposed Order)(aaa) (Entered: 06/29/2011) 06/29/2011 58 Proposed Findings of Fact and Conclusions of Law filed by John F. Curran. (aaa ) (Entered: 06/29/2011) 06/29/2011 59 BRIEF IN OPPOSITION re 5.1_ Second MOTION to Compel Discovery and Deposition filed by John F. Curran. (Attachments: # 1 Proposed Order)(aaa ) (Entered: 06/29/2011) 06/29/2011 60 Proposed Findings of Fact by Rockwood Strategies, LP, Ryan Shafik. (Gates, Lowell) (Entered: 06/29/2011) 06/30/2011 6.1_ ORDER - IT IS ORDERED that the motion 57 of William L. Hallam and Paul M. Flannery to attend the trial as advisory counsel only is GRANTED. The Petition of Paul M. Flannery for special admission 56 is DENIED. Signed by Magistrate Judge J. Andrew Smyser on 6/30/11 (rc) (Entered: 06/30/2011) 07/06/2011 62 ORDER IT IS ORDERED that the remainder of the pltfs' second mtn 51 to compel discovery is DENIED AS MOOT.Signed by Magistrate Judge J. Andrew Smyser on 7/6/11. Oc) (Entered: 07/06/2011) 07/06/2011 63 (Court only) Minute Sheet for proceedings held before Magistrate Judge J. Andrew Smyser: Bench Trial held on 7/6/2011. (Court Reporter Wendy Yinger.) Total Time in Court [6:20] (aaa ) (Entered: 07/06/2011) 07/06/2011 64 Plaintiffs Exhibit List. (aaa ) (Main Document 64 replaced on 7/13/2011) (rc, ). (Entered: 07/06/2011) 07/06/2011 65 Defendants Exhibit List. (aaa ) (Entered: 07/06/2011) 07/19/2011 66 Supplemental Proposed Findings of Fact and Conclusions of Law filed by John F. Curran. (aaa. ) (Entered: 07/19/2011) 07/19/2011 67 Proposed Findings of Fact by Rockwood Strategies, LP, Ryan Shafik. (Gates, Lowell) (Entered: 07/19/2011) https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L 674 0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Page 9 of 10 07/19/2011 68, MOTION for Leave to File Memorandum of Law by Rockwood Strategies, LP, Ryan Shafik. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order) (Gates, Lowell) (Entered: 07/19/2011) 07/20/2011 DOCKET ANNOTATION: The initial Docket Annotation dated 7/20/11 instructing counsel to refile the Memorandum of Law as a separate document is deleted. Document 69 filed 7/20/11, Memorandum of Law, which counsel was instructed to file as a separate document per the initial docket annotation is deleted and will be addressed by a Court Order. Oc) (Entered: 07/20/2011) 07/20/2011 69 ORDER - IT IS ORDERED that the Plaintiffs Motion for Leave of Court to File Post-Trial Memorandum of Law 68 is GRANTED. The plaintiffs Post-Trial Memorandum of Law attached to the motion shall be detached and docketed separately by the Clerk of Court. The defendant may file a memorandum of law in response on or before August 5, 2011. Signed by Magistrate Judge J. Andrew Smyser on 7/20/11 (re) (Entered: 07/20/2011) 07/20/2011 70 Plaintiffs Post-Trial Memorandum of Law. (rc) (Main Document 70 replaced on 7/20/2011) (rc, ). (Entered: 07/20/2011) 07/27/2011 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial proceedings held on 7/5/2011 before Magistrate Judge Smyser. Court Reporter Wendy Yinger, Telephone number 717-440-1535. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 10/25/2011. (ctrep7) (Entered: 07/27/2011) 07/27/2011 72 NOTICE TO UNREGISTERED ECF ATTORNEYS/PRO SE PARTIES regarding the filing of 71 transcript. Copy of notice mailed to John F. Curran on 07/27/2011. (mep, ) (Entered: 07/27/2011) 08/05/2011 7 MEMORANDUM OF LAW filed by John F. Curran. (aaa) (Entered: 08/05/2011) 08/16/2011 74 MEMORANDUM AND ORDER - It will be ordered that the Clerk enter judgment infavor of the plaintiff Rockwood Strategies, LP, and against thedefendant, on Count I, in the amount of $28,000 and in favor of the defendant and against plaintiff Shafik on Counts II and 111. An appropriate order follows. Signed by Magistrate Judge J. Andrew Smyser on 8/16/11. (rc) (Entered: 08/16/2011) 08/16/2011 75 ORDER - IT IS ORDERED that the Clerk of Court is directed to enter judgment infavor of the plaintiff Rockwood Strategies, LP and against the defendant John F. Curran, 111, on Count I, in the amount of $28,000.00. The Clerk of Court is directed to enter judgment in favor of the defendant John F. Curran, III and against the plaintiff Ryan Shafik on Counts II and III. The Clerk of Court is directed to mark this action closed. Signed by Magistrate Judge J. Andrew Smyser on 8/16/11. (rc) (Entered: 08/16/2011) 08/16/2011 76 JUDGMENT - IT IS ORDERED AND ADJUDGED that Judgment be and is hereby entered infavor of the Plaintiff Rockwood Strategies, LP and against the Defendant John F. Curran, III, on Count I, in the amount of $28,000.00. IT IS FURTHER ORDERED AND ADJUDGED that Judgment be and is hereby entered in favor of the Defendant John F. Curran, III and against the Plaintiff https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L 674 0-1 08/22/2011 Pennsylvania Middle District Version 4. 1.1 Ryan Shafik on Counts II and III. (rc) (Entered: 08/17/2011) Page 10 of 10 https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?667749296868083-L 674 0-1 08/22/2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor K ?r OFF,CE <:;:THE --Ec FF FiLi D-OFFICE iFG T'14 ,E OTARY ?0 f I ?'d 18 ?? 1?? SLR CUMBERLAND Coin'-1 y PENNSYLVANIA Ryan Shafik (et al.) VS. John F Curran, III Case Number 2011-6907 SHERIFF'S RETURN OF SERVICE 11/10/2011 04:10 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank at 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chris Moultan, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on November 15, 2011 to John F. Curran, III at 1802 Bogg Road, Hampstead, MD 21074. 11/10/2011 04:10 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wachovia Bank c/o Wells Fargo Bank at 604 E. High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chris Moulton, personally three copies o- interrogatories together with three true and attested copies of the Writ of Execution and made the content there of known to him. The writ of execution and notice to defendant was mailed on November 15, 2011 to John F. Curran, III at 1802 Bogg Road, Hampstead, MD 21074. SHERIFF COST: $695.38 November 15, 2011 SO ANSWERS, «. RON R ANDERSON, SHERIFF - '0?". 'ez- Tim R clt, Deputy !c) CountySuite Shenst, Teleosoft_ Inc. SIRLIN GALLOGLY & LESSER, P.C. r By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee ;l Fly-()r F ICS. _:l-= TIE-6 ROTnNOTAR'! 2012 MAR 13 PM 2- 04 r,IJMBERLAND cOUNTY PENNSYLVANIA RYAN SHAFIK AND COURT OF COMMON PLEAS ROCKWOOD STRATEGIES COUNTY OF CUMBERLAND vs. ; JOHN F. CURRAN, III NO. 11-6907 and WELLS FARGO BANK N.A.. GARNISHEE PRAECIPE TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wells Fargo Bank, N.A., under Rule 3143(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Wells Fargo Bank, N.A. Date: -\?? SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee RYAN SHAFIK AND ROCKWOOD STRATEGIES vs. JOHN F. CURRAN, III and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 11-6907 WELLS FARGO BANK N.A., GARNISHEE RULE TO THE PROTHONOTARY: AND NOW, this Lay of , 2012, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, Wells Fargo Bank, N.A., under Rule 3143(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. PROTHONOTARY SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee RYAN SHAFIK AND ROCKWOOD STRATEGIES vs. JOHN F. CURRAN, III and WELLS FAR.GO BANK N.A., GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 11-6907 PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter a Judgment of Non Pros in favor of Wells Fargo Bank, N.A., Garnishee and against Plaintiff, RYAN SHAFIK AND ROCKWOOD STRATEGIES. for failure to enter judgment against the Garnishee within twenty days after service of a Rule to seek judgment against Garnishee under Rule 3143(8) or to place the issue between Plaintiff, Defendant, and Garnishee upon the list for trial. Dated: '_? , ? r-, ? a u?? ?? Q? C a9 ?s f _ ;- rl's b'' IA SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee RYAN SHAFIK AND ROCKWOOD STRATEGIES vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND JOHN F. CURRAN, III and WELLS FARGO BANK N.A., GARNISHEE NO. 11-6907 CERTIFICATE OF SERVICE JON C. SIRLIN, being duly sworn according to law, deposes and says that he is counsel for the Garnishee, Wells Fargo Bank, N.A., that he is authorized to and does take this affidavit on its behalf and that he served a Praecipe and Rule pursuant to Pa.R.C.P. 3143(g) to Enter Judgment or suffer judgment of Non Pros, upon Lowell R. Gates, Esquire, counsel for Plaintiff, by letter dated March 15, 2012, which was sent via certified mail and that Exhibits "A" and "B" attached hereto are true and correct copies of the transmittal letter addressed to Plaintiffs counsel and the certified mail return receipt. Date: -. - t?- EXHIBIT "A" SIRLIN GALLOGLY & LESSER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JON C. SIRLIN TIMOTHY A. GALLOGLY PETER A. LESSER* JOHN D. BENSON* SUSAN J. KUPERSMITH*t STEPHEN R. KURENS*t DANA S. PLON* DOROTHY A. HAMILL* LISA M. RUTENBERG*** JERRY L DREW** KIERSTIN M. LANGE* ADAM NACHMANI* *COUNSEL • PA & NJ BAR March 15, 2012 •" PA & NY BAR •"" PA, NJ & MD Lowell R. Gates, Esquire 1013 Mumma Road Lemoyne, PA. 17043 PENNSYLVANIA OFFICE 123 S. BROAD STREET SUITE 2100 PHILADELPHIA, PA 19109 (215) 864-9700 FAX (215) 864-9669 NEW JERSEY OFFICE 102 BROWNING LANE BUILDING C CHERRY HILL, NJ 08003 (856) 616-1900 FAX (856) 216-7459 Re: Ryan Shafik and Rockwood Strategies vs. John F. Curran, III and Wells Fargo Bank, N.A., Garnishee Dear Mr. Gates: I enclose a copy of the Praecipe to Enter Rule against Plaintiff pursuant to Pa.R.C.P. 3143(g) to either seek judgment against Garnishee or to place the issue between Plaintiff and Garnishee upon the trial list, which Rule was recently filed with the Court. The purpose of this proceeding is merely to enable my client and I to close our files in this old attachment. Under the circumstances, I would appreciate your signing the enclosed Order to Discontinue Attachment Execution. If this is agreeable with you, please sign the enclosed Order and return tome for fi However, if you do not respond promptly and os against Plaintiff at the earliest opportunity. and cooperation. -° .'° 1QUIRIES TO - 215-864-9700. ru L- :- Postage $ a Er- - Sincerely, Certified Fee postmark p Here O (Endorsement Re-1 , Fee quired) Rash. ed Delivery Fee O (Endorsement Requved) JON C. SIRLIN I.P1 Total Postage & Fees 17A ---------------- Sent To --- --------------- rA $tieet Apt. No.; ------------- or - PO Box No. City State, ZIP+4 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L ("t ll k. (-q-?-'e 5 r ' U,? A. X Y ? Agent ? Addressee B. Regeived tcM e) C, to of elivery /V/ r _3 Q -t -I-- D. Is delivery address different from item 1,.? Lj yes If YES, enter delivery address below: ? No o. aerv Kp-type iffibertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise W r/? ? Insured Mail ? C.O.D. r nlillt )T/ Id 4. Restricted Delivery? (Extra Fee) ? Yes 2.. Article Number (rranster from service label) 7 011 1570 0000 9942 6961 PS Form 3811, February 2004 Domestic Return Receipt y 102595-02-M-1540 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee RYAN SHAFIK AND ROCKWOOD STRATEGIES vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND JOHN F. CURRAN, III and WELLS FARGO BANK N.A.., GARNISHEE To: Lowell R. Gates, Esquire 1013 Mumma Road Lemoyne, PA 17043 NOTICE NO. 11-6907 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X JUDGMENT OF NON PROS JUDGMENT BY DEFAULT MONEY JUDGMENT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATION JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGJ.- 44 ?P 340?--- s jol Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?zt?z?,. crt ?„iarFf?rr r,>; . 1 Pi`1 2: ir;? ti w cli l JI'i 1 Ryan Shafik (et al.) vs. John F Curran, III Case Number 2011-6907 SHERIFF'S RETURN OF SERVICE 11/10/2011 04:10 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank at 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chris Moultan, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on November 15, 2011 to John F. Curran, III at 1802 Bogg Road, Hampstead, MD 21074. 11/10/2011 04:10 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wachovia Bank c/o Wells Fargo Bank at 604 E. High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chris Moulton, personally three copies o' interrogatories together with three true and attested copies of the Writ of Execution and made the contentE there of known to him. The writ of execution and notice to defendant was mailed on November 15, 2011 to John F. Curran, III at 1802 Bogg Road, Hampstead, MD 21074. 05/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $139.01 SO ANSWERS. May 17, 2012 RON R ANDERSON, SHERIFF P - ? ??y