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HomeMy WebLinkAbout06-3459 . KAP IN STEWART MELOFF REITER & STEIN, P.C. BY: andhya M. Feltes. Esquire J.D. 0.58751 910 arvest Dr.. P.O. Box 3037 Blue ell, PA 19422-0765 610/ 0-6000 Attorneys for Plaintiff VELERS INDEMNITY COMPANY, sor in Interest by Merger to GULF CE COMPANY te Street Plaza, 10'" Fl. ork, NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. No. CXc -Jl.{r't (!,u'tCT€J2..~ BALLANTINE, Individually and N BALLANTINE, Individually h/w 1709 lmsted Way East Camp Hill, PA 17011 and BEN OOTON. Individually and PAT CIA WOOTON, Individually h/w 2290 bs Gap Road Enola, PA 17025 Defendants P CIPE FOR ENTRY OF SUMMARY JUDGMENT FROM THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA E PROTHONOTARY: Kindly enter summary judgment in favor of the Plaintiff, THE TRAVELERS INDE ITY COMPANY, Successor in Interest by Merger to Gulf Insurance Company and against the Defendants, PETER BALLANTINE, ALISON BALLANTINE, BEN WOOTON AND ATRICIA WOOTON, pursuant to a summary judgment entered in The U.S. District Court r the Middle District of Pennsylvania No. I :CV -05-1864. on May 30. 2006. in the amount of$16 ,291.15. Summ Certified Copy of the The U.S. District Court for the Middle District of Pennsylvania Judgment is attached. KAPL BY: STEWART MELOFF REITER & STEIN, P.C. .~ S DHYA M. FELTES, ESQUIRE ENTRY OF JUDGMENT DNOW, thisu........~ayof, Jlhl€- By: Deputy KAP IN STEWART MELOFF REITER & STEIN, P.C. BY: andhya M. Feltes. Esquire LD. o. 58751 910 arvest Dr.. P.O. Box 3037 Blue ell, PA 19422-0765 610/2 0-6000 Attorneys for Plaintiff THE VELERS INDEMNITY COMPANY, Succe sor in Interest 1Jy Merger to GULF INSU CE COMPANY One te Street Plaza, 10th FI. New ork, NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. No. CI- - (}iu;LI€/L~ BALLANTINE, Individually and N BALLANTINE, Individually h/w 1709 busted Way East Camp ill. PA 17011 and ooTON, Individually and CIA WOOTON. Individually h/w 2290 bs Gap Road Enola, PA 17025 Defendants VERIFICATION OF NON-MILITARY SERVICE and CERTIFICATION OF PARTIES ADDRESSES and CERTIFICATION OF VALIDITY OF JUDGMENT says Plainti States. Act of SANDHYA M. FELTES, ESQUIRE, being duly sworn according to law. deposes and t she is the attorney for Plaintiff and is authorized to make this affidavit on behalf of ; that the defendants are over 18 years of age, and not in the Military Service of the United or any State or Territory thereof or its allies as defmed in the Servicepersons' Civil Relief 003, as shown on the attached records of non-military service. e Affiant further certifies that the last-known address of the parties are as set forth above. he Affiant further certifies that the judgment being entered from The U.S. District Court for the iddle District of Pennsylvania remains valid, enforceable and unsatisfied as of this date. KAP IN STEWART MELOFF REITER & STEIN, P.C. DATE : 6/14/06 Sandhya M. Feltes, Esquire Dep Request or Military Status nt of Defense Manpower Data Center Page 1 of I JUN-14-200614:09:35 Military Status Report Pursuant to the Servicemembers Civil Relief Act < Last ame FirstlMiddle Begin Date Active Duty Status Service/Agency BALLA TINE Peter Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon se ching the information data banks of the Department of Defense Manpower Data Center, based on the informati n that you provided, the above is the current status of the individual as to all branches of the Military. HOWE R, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPO R DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME I DMDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ~~~ randewie, Director Departm t of Defense - Manpower Data Center 1600 Wi! on Blvd., Suite 400 Arlington VA 22209-2593 The Defe e Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defen e Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibil ty for military medical care and other eligibility systems. The Dep ent of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Ap x. ~~ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hun eds of thousands of "does not possess any information indicating that the individual is currently on active du "responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise ntitled to the protections ofthe SCRA, you are strongly encouraged to obtain further verification of the person' active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided blow. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service ve 'fication, provisions of the SCRA may be invoked against you. If you obta n further information about the person ( e.g., an SSN, improved accuracy ofDOB, a middle name), you can su mit your request again at this Web site and we will provide a new certificate for that query. This respo se reflects current active duty status only. For historical information, please contact the Military Service SC points-of-contact. See: tt :llwww.defenselink.millfa 1 is/PC09SLDR.h Report ID:H YSLAKUOO https:11 .dmdc.osd.miI/scralowalscra. prc _Select 6/14/2006 Request or Military Status Departm nt of Defense Manpower Data Center Page I ofl JUN-14-200614:10:13 Military Status Report Pursuant to the Servicemembers Civil Relief Act ame First/Middle Begin Date Active Duty Status Service/Agency TINE Alison Based on the infonnation you have furnished, the DMDC does not possess any infonnation indicating that the individual is currently on active duty. Upon se ching the infonnation data banks of the Department of Defense Manpower Data Center, based on the infonnati n that you provided, the above is the current status of the individual as to all branches of the Military. HOWE R, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPO RDATACENTERCANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME I DlVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ~~~ Robert J. randewie, Director Departme t of Defense - Manpower Data Center 1600 Wil on Blvd., Suite 400 Arlington VA 22209-2593 e Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data for military medical care and other eligibility systems. The Dep ent of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Ap x. gg 501 et seq] (SCRA) (fonnerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hun eds of thousands of "does not possess any infonnation indicating that the individual is currently on active du 'responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise ntitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person' active duty status by contacting that person's Military Service via the "defenseIink.mil" URL provided blow. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service ve 'fication, provisions of the SCRA may be invoked against you. If you ob n further infonnation about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can su mit your request again at this Web site and we will provide a new certificate for that query. :llwww.defenselink.miI/fa/isIPC09SLDR.html This respo se reflects current active duty status only. For historical infonnation, please contact the Military Service SC points-of-contact. https:l/ .dmdc.osd.miI/scralowalscra.prc _Select 6/14/2006 Request or Military Status nt of Defense Manpower Data Center Page 1 of 1 JUN-14-200614:10:52 Military Status Report Pursuant to the Servicemembers Civil Relief Act ame FirstlMiddle Begin Date Active Duty Status Service/Agency Patricia Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon se ching the information data banks of the Department of Defense Manpower Data Center, based on the informati n that you provided, the above is the current status of the individual as to all branches of the Military. HOWE R, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPO ERDATACENTERCANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME I DIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ~~~ Robert 1. randewie, Director Departm t of Defense - Manpower Data Center 1600 Wil on Blvd., Suite 400 Arlington VA 22209-2593 The Defe e Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defen e Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibil ty for military medical care and other eligibility systems. The Dep ent of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Ap x. ~~ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hun eds of thousands of "does not possess any information indicating that the individual is currently on active du "responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise ntitIed to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person' active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided blow. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service ve . fication, provisions of the SCRA may be invoked against you. If you ob n further information about the person (e.g., an SSN, improved accuracy ofDOB, a middle name), you can su mit your request again at this Web site and we will provide a new certificate for that query. This respo se reflects current active duty status only. For historical information, please contact the Military Service SC points-of-contact. See: tt :/lwww.defenselink.mil/faq/pis/PC09SLDR.html Report /D:H YYVOEENN https:/1 .dmdc.osd.mil/scralowalscra.prc _Select 6/14/2006 Request or Military Status Departm nt of Defense Manpower Data Center Page 1 of 1 JUN-14-200614:12:58 Military Status Report Pursuant to the Servicemembers Civil Relief Act ame FirstIMiddle Begin Date Active Duty Status Service/Agency WOOT N Ben Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon se ching the information data banks of the Department of Defense Manpower Data Center, based on the informati n that you provided, the above is the current status of the individual as to all branches of the Military. HOWE R, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPO R DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME I DlVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ~~~ randewie, Director Departm t of Defense - Manpower Data Center 1600 Wil on Blvd., Suite 400 Arlington VA 22209-2593 The Defe e Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defen Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibiJ ty for military medical care and other eligibility systems. The Dep ent of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Ap x. 99501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hun reds of thousands of "does not possess any information indicating that the individual is currently on active du "responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, fiiend, or representative asserts in any manner that the individual is on active duty, or is otherwise ntitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person' active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided blow. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service ve 'fication, provisions of the SCRA may be invoked against you. If you ob n further information about the person ( e.g., an SSN, improved accuracy of DaB, a middle name), you can su mit your request again at this Web site and we will provide a new certificate for that query. e reflects current active duty status only. For historical information, please contact the Military points-of-contact. ://www.defenselink.mil/f<mlWsIPC09SLDR.html Report JD:H ZLQPQYLL https:/1 .dmdc.osd.millscralowalscra.prc _Select 6/14/2006 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA The Tr velers Indemnity Company, Succes or in Interest by Merger to Gulf Insur ce Company Plaintiff CIVIL ACTION NO: I :CV -05-1864 v. Judge Caldwell Peter llantine, Alison Ballantine, Ben W oton and Patricia Wooton Defendants CERTIFICATION OF CLERK ,Mary E. D' Andrea, Clerk, of the United States District Court for the Middle District of Pennsy vania, do hereby certify that on Mav 30. 2006, Summary Judgment was entered in the caption d case in favor of Plaintiff, The Travelers Indemnity Company, Successor in Interest by Merger to Gulf Insurance Company and against Defendants, Peter Ballantine, Alison Ballantine, Ben W oton and Patricia Wooton in the sum of$165,291.15, FILED RRISUG, 'A Certified copy of the docket entries Is attached. WITNESS my hand and seal of said court at Harrisburg, Pennsylvania, this 12th day of June. 2006. JUN 1 9 2006 Pt\msy.lva ia Middle District Version 2.5 - Docket Report . Page I of 8 CLOSED, HBG, STANDARD U.S. District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:05-cv-01864-WWC Internal Use Only The Trav lers Indemnity Company v. Environmental Construct on Group, LLC et al Assigned 0: Honorable William W. Caldwell Cause: 28 1332 Diversity-Breach of Contract Plaintiff The Trav lers Indemnity Company Successor in Interest by Merger to Gulf Insurance Company V. D~ Environ ental Construction Group, LLC TERMINATED: 04//0/2006 Date Filed: 09/15/2005 Jury Demand: Defendant Nature of Suit: 190 Contract: Other Jurisdiction: Diversity represented by Mohammad A. Ghiasuddin Kaplin Stewart MeloffReiter & Stein, P.C. 350 Sentry Parkway Bldg. 640 Blue Bell, P A 19422 610-941-2546 Email: mghiasuddin@kaplaw.com LEAD ATTORNEY A TTORNEY TO BE NOTICED Sandhya M. Feltes Kaplin, Stewart, Meloff, Reiter & Stein 350 Sentry Parkway Building 640 Blue Bell, P A 19422 610-941-2561 Email: sfeltes@kaplaw.com LEAD ATTORNEY A TTORNEY TO BE NOTICED represented by Edward A. Paskey Kagen, MacDonald & France, P.C. 2675 Eastern Boulevard York, PA 17402 717-757-4565 Fax: 17177554708 Email: epaskey@yorklaw.com TERMINATED: 04/10/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf. amd.circ3 .dcnlcgi -binlDktRpt. pl?903 74878760593 8-L _ 280 _ 0-1 06/1212006 . Pennsy.lva ia Middle District Version 2.5 - Docket Report Page 2 of 8 Defendar t Matthew C. Kichman Individua ly TERMINi TED: 04/10/2006 npfenrlan Peter Bal antine Individua y n..fe Alison Ba antine Individual') h/w - - -an1 Ben Woot n Individual! Defendant Patricia" ooton Individual! h/w Date Filed 09/15/200~ 09/15/2005 09/15/2005 represented by Edward A. Paskey (See above for address) TERMINATED: 04/10/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Glenn R. Davis Latsha Davis & Yohe & McKenna, P.C. 1700 Bent Creek Bouelvard Suite 140 Mechanicsburg, P A 17050 (717) 620-2424 Fax: 17177612286 Email: gdavis@ldylaw.com LEAD ATTORNEY A TTORNEY TO BE NOTICED represented by Glenn R. Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Glenn R. Davis (See above for address) LEAD ATTORNEY A TTORNEY TO BE NOTICED represented by Glenn R. Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED # Docket Text 1;>>1 COMPLAINT - N/C to cns!.; no jury trial demanded. (Filing fee $250, Receipt Number 111 144090) (Attachments: # 1 Exhibit(s) 1# 2 Exhibit (s) 2# J. Civil Cover Sheet # 'l Receipt)Uc) (Entered: 09/15/2005) 1;>>2. DISCLOSURE STATEMENT by plaintiff The Travelers Indemnity Company. Uc) (Entered: 09/15/2005) I;>> SUMMONS ISSUED as to defendants. Uc) (Entered: 09/15/2005) https:l/ecf. pa~d.circ3 .dcn/cgi -bin/DktRpt. pI ?903 74878760593 8-L _ 280_0-1 06/12/2006 . Pennsy.lva ia Middle District Version 2.5 - Docket Report Page 3 of8 09115/20 5 ~:i ORDER - Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Judge Christopher C. Conner on 09115/05. (ki) (Entered: 09/15/2005) 09/26/20 5 ~4 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Sandhya M. Feltes, Esquire on behalf of plaintiff The Travelers Indemnity Company. (Filing fee $25, Receipt Number III 144137) (Attachments: # 1 Receipt) Qc) (Entered: 09/27/2005) 09/28/20 5 ~~ SPECIAL ADMISSIONS FORM APPROVED as to Sandhya M. Feltes. (cc: Atty Feltes; original: SCR Registry) Signed by Judge Christopher C. Conner on 09/28/05. (ki) (Entered: 09/28/2005) 10111/20 5 \JQ SUMMONS Returned Executed by The Travelers Indemnity Company. Matthew C. Kichman served on 9/23/2005, answer due 10/13/2005. (Attachments: # I Exhibit(s))Qc) (Entered: 10/11/2005) 10/11/20 5 \)1 SUMMONS Returned Executed by The Travelers Indemnity Company. Environmental Construction Group, LLC served on 9/23/2005, answer due 10/13/2005. (Attachments: # 1 Exhibit(s))Qc) (Entered: 10/11/2005) 10/14/2015 ~8 NOTICE of Appearance by Edward A. Paskey on behalf of Environmental Construction Group, LLC (Paskey, Edward) (Entered: 10/14/2005) 10114/20 5 ~9 NOTICE of Appearance by Edward A. Paskey on behalf of Matthew C. Kichman (Paskey, Edward) (Entered: 10114/2005) I 01l4/20( 5 ~IO ANSWER to Complaint with Jury Demand by Environmental Construction Group, LLC, Matthew C. Kichman.(Paskey, Edward) (Entered: 10114/2005) I 0/14/20( 5 ~II SCHEDULING ORDER: Initial Case Management Conference set for 11/22/2005 @ 10:45 AM; placement of the telephone conference call is the responsibility of the plaintiff. (See order for complete details.) Signed by Judge Christopher C. Conner on 10/14/05. (ki) (Entered: 10/14/2005) I 0/17/20( 5 ~U REPLY by The Travelers Indemnity Company. to Affirmative Defenses of Defendants Environmental Construction Group, LLC and Matthew C. Kichman, (Feltes, Sandhya) (Entered: 10/17/2005) I 0/18/20C 5 ~U WAIVER OF SERVICE Returned by The Travelers Indemnity Company, Alison Ballantine waiver sent on 9/20/2005, answer due 11/21/2005, (Feltes, Sandhya) (Entered: 10/18/2005) 10/18/20C ~ ~14 WAIVER OF SERVICE Returned by The Travelers Indemnity Company. Peter Ballantine waiver sent on 9/20/2005, answer due 11/21/2005. (Feltes, Sandhya) (Entered: 10/18/2005) 10/18/20C ~ ~!5 WAIVER OF SERVICE Returned by The Travelers Indemnity Company. Ben Wooton waiver sent on 9/20/2005, answer due 11/21/2005. (Feltes, Sandhya) (Entered: 10118/2005) 10/18/200 ls ~16 WAIVER OF SERVICE Returned by The Travelers Indemnity https://ecf.p Iund.circ3 .dcn/cgi-bin/DktRpt. pl?903 74878760593 8-L _ 280 _0-1 06/12/2006 -- Pennsylva' ia Middle District Version 2.5 - Docket Report Page 4 of 8 Company. Patricia Wooton waiver sent on 9/20/2005, answer due 11/21/2005. (Feltes, Sandhya) (Entered: 10/18/2005) 11/17/20 5 1i>>11 CASE MANAGEMENT PLAN by The Travelers Indemnity Company. (Feltes, Sandhya) (Entered: 11/17/2005) 11/22/20 5 1& Minute Sheet from Telephone Conference held by Judge Christopher C. Conner on 11/22/2005; recusal order to issue. (ki) (Entered: 11/22/2005) 11/22/20 5 · **Deadlines terminated. (ki, ) (Entered: 11/22/2005) 11/23/20 5 1i>>19 REQUEST FOR ENTRY OF DEFAULT by The Travelers Indemnity Company. (Feltes, Sandhya) (Entered: 11/23/2005) 12/01/20 5 1i>>20 ORDER OF RECUSAL - Case reassigned to Judge William W. Caldwell. Judge Christopher C. Conner no longer assigned to the case. (See order for complete details.) Signed by Judge Christopher C. Conner on 12/01/05. (ki) (Entered: 12/01/2005) 12/07/20 5 Ii>> 2 I REQUEST for Entry of Final Judgment Against Defendants Peter Ballantine, Alison Ballantine, Ben Wooton and Patricia Wooton by The Travelers Indemnity Company. (Feltes, Sandhya) (Entered: 12/07/2005) 12/09/201 5 1i>>22 SCHEDULING ORDER: Case Management Conference set for 1/5/2006 @ II :00 AM before Honorable William W. Caldwell in chambers, 9th Fir., Fed. Bldg., 3rd & Walnut Sts., Hbg., PA. The conf. may be conducted by telephone. Joint Case Mgmt. plan must be filed at least 5 days prior to the conf. Signed by Judge William W. Caldwell on 12/9/05. (am) (Entered: 12/09/2005) 12/09/20( 5 1i>>23 ORDER - AND NOW, this 9th day of Dec., 2005, certain individual defts. having failed to respond timely to the plf.'s complt. in this action, the clerk is directed to enter ajgm. in favor of the plf. and against defts. Peter Ballantine, Alison Ballantine, Ben Wooton and Patricial Wooton, in the sum of $170,236.69.21 Signed by Judge William W. Caldwell on 12/9/05. (am) (ORDER VACATED PUR. TO CRT. DTD. 1/12/063':; (Entered: 12/09/2005) 12/12/20( 5 1i>>24 mDGMENT -IT IS ORDERED AND ADmDGED that judgment is entered in favor of plaintiff, The Travelers Indemnity Company, Successor in Interest by Merger to Gulf Insurance Company and against defendants, Peter Ballantine, Alison Ballantine, Ben Wooton and Patricia Wooton, in the sum of$170,236.69. Entered by deputy clerk ASM on 12/12/05. (am) (JGM. VACATED PUR. TO CRT. ORDER DTD. 1/12/06 35) (Entered: 12/12/2005) 12/12/20( 5 1i>>25 MOTION to Set Aside Default andfor Leave to File Answer to Complaint Out of Time by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton. (Attachments: # l)(Davis, Glenn) (Entered: 12/12/2005) 12/15/20( 5 Ii>> COUNSEL is advised that document 26 filed 12/14/05 is to be refiled. The response to the motion to set aside and the brief in opposition are to be docketed as two separate documents. The proposed order is to be https://ecf.~ amd.circ3 .dcn/cgi -bin/DktRpt. pl?903 74878760593 8-L _ 280 _0-1 06/12/2006 < . Pennsylva ia Middle District Version 2.5 - Docket Report Page 5 of 8 attached to the brief in opposition. (ic) (Entered: 12/15/2005) 12/15/20 5 ~27 RESPONSE by The Travelers Indemnity Company to 25 MOTION to Set Aside Default andfor Leave to File Answer to Complaint Out of Time. (Feltes, Sandhya) (Entered: 12/15/2005) 12/15/20 5 ~28 BRIEF IN OPPOSITION re 25 MOTION to Set Aside Default andfor Leave to File Answer to Complaint Out of Time filed by The Travelers Indemnity Company. (Attachments: # I. Exhibit(s) # 2 Proposed Order) (Feltes, Sandhya) (Entered: 12/15/2005) 12/19/20 5 ~ Document 26 filed 12/14/05 deleted and replaced by documents 27 & 28 filed 12/15/05. (ic) (Entered: 12/19/2005) 12/27/20 5 ~29 BRIEF IN SUPPORT re 25 MOTION to Set Aside Default andfor Leave to File Answer to Complaint Out of Time filed by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton.(Davis, Glenn) (Entered: 12/27/2005) 12/28/20 5 ~30 Supplement by The Travelers Indemnity Company. Supplemental Memorandum In Opposition To Defendants' Motion To Set Aside Default and Motion For Leave To File Answer. (Attachments: # 1 Exhibit(s) A) (Feltes, Sandhya) (Entered: 12/28/2005) 01/05/20 6 11 Minute Sheet for proceedings held before Judge William W. Caldwell: Case Management Conference held on 115/2006. (am) (Entered: 01105/2006) 01105/20 6 ~32 ORDER - STANDARD CASE MANAGEMENT TRACK: AND NOW, this 5th day of Jan., 2006, IT IS ORDERED THAT: Discovery due by 3/30/2006. Mtns. for joinder of parties due 1113/06. Mtns. to amd. pldgs. due 1113/06. P.T. Motions due by 4/2112006. Case placed on the June 2006 trial list, sched. order to follow. (See order for more details.) Signed by Judge William W. Caldwell on 115/06. (am) (Entered: 01105/2006) o 1I06/20( 6 ~33 EXHIBIT A (Supplemental) by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton re 29 Brief in Support. (Davis, Glenn) (Entered: 01106/2006) 01l10/20( 6 ~34 REPLY BRIEF re 2~ MOTION to Set Aside Default andfor Leave to File Answer to Complaint Out of Time filed by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton.(Davis, Glenn) (Entered: 01110/2006) 01l12/20( 6 ~35 ORDER - AND NOW, this 12th day of Jan., 2006, upon consideration of the mtn. filed by the Wooton & Ballantine defts. 25, & after consideration of the briefs & arguments submitted by the parties, it is Ordered that the order entered 12/9/05, & the jgm. entered on 12/12/05, are vacated. Said defts. are granted leave to file their answer to the complt. Signed by Judge William W. Caldwell on 1112/06. (am) 2324 (Entered: 01112/2006) o 1118/20( 6 ~36 ANSWER to Complaint and Affirmative Defenses by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton.(Davis, Glenn) https://ecf.[ amd.circ3 .dcnlcgi-bin/DktRpt. pI ?903 748787605938- L _ 280_0-1 06112/2006 . Pennsy.lvar ia Middle District Version 2.5 - Docket Report Page 6 of 8 (Entered: 01/18/2006) 01/18/20 6 ~:i1 REPLY by The Travelers Indemnity Company. to Affirmative Defenses of Defendants Ben Wootton, Patricia Wootton, Peter Ballantine and Alison Ballantine. (Feltes, Sandhya) (Entered: 01/18/2006) 03/08/20 6 ~3_8 SCHEDULING ORDER: Pretrial Conference set for 5/31/2006 @ 10:00 AM before Honorable William W. Caldwell. Jury Selection/Jury Trial set for 6/5/2006 @ 9:30 AM in Harrisburg - Courtroom #1 before Honorable William W. Caldwell. Pretrial Memos due two days prior to 5/26/2006. (See order for more details.)Signed by Judge William W. Caldwell on 3/8/06. (am) (Entered: 03/08/2006) 04/03/20 6 ~39 MOTION to Dismiss Party Defendants Environmental Construction Group, LLC and Matthew Kichman Due To Settlement Of Claims by The Travelers Indemnity Company.(Feltes, Sandhya) (Entered: 04/03/2006) 04/10/20 6 ~40 ORDER - AND NOW, this 10th day of April, 2006, upon consideration ofplf.'s mtn. to dismiss defts. Environmental Construction Group, LLC & Matthew Kichman due to settlement of claims, it is hereby Ordered that plf.'s mtn. is granted.39 Defts. Environmental Construction Group, LLC & Matthew Kichman are dism'd, w/prejudice. Signed by Judge William W. Caldwell on 4/10/06. (am) (Entered: 04/10/2006) 04/10/20 6 ***Party Environmental Construction Group, LLC and Matthew C. Kichman terminated. Attorney Edward A. Paskey terminated. (am) (Entered: 04/10/2006) 04/21/20 6 ~ COUNSEL is advised that documents 41 & 42 filed 4/21/06 are to be refiled. The briefs in support of the motions and the statement of material facts are to be docketed as a separate documents. Gc) (Entered: 04/21/2006) 04/21/20 6 ~43 MOTION in Limine to Preclude Parol Evidence by The Travelers Indemnity Company. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Feltes, Sandhya) 60 (Entered: 04/21/2006) 04/21/20 6 ~44 BRIEF IN SUPPORT re 43 MOTION in Limine to Preclude Parol Evidence filed by The Travelers Indemnity Company. (Attachments: # 1 Exhibit(s) A)(Feltes, Sandhya) (Entered: 04/21/2006) 04/21/201 6 ~45 MOTION for Summary Judgment by The Travelers Indemnity Company. (Attachments: # 1 Proposed Order # 2 Certificate ofService)(Feltes, Sandhya) 60 (Entered: 04/21/2006) 04/21/201 6 ~46 STATEMENT OF FACTS re 45 MOTION for Summary Judgment filed by The Travelers Indemnity Company.(Feltes, Sandhya) (Entered: 04/21/2006) 04/21/20( 6 ~47 BRIEF IN SUPPORT re 45 MOTION for Summary Judgment filed by The Travelers Indemnity Company. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3. Exhibit(s) C# 4 Exhibit(s) D)(Feltes, Sandhya) (Entered: 04/21/2006) https://ecf. amd.circ3 .dcn/cgi -bin/DktRpt. pl?903 74878760593 8-L_ 280 _ 0-1 06/12/2006 ---.- , Pennsylva ia Middle District Version 2.5 - Docket Report Page 70f8 04/24/20 6 i.J Documents 41 & 42 filed 4/21/06 deleted and replaced by documents 43- 47 filed 4/21/06. Gc) (Entered: 04/24/2006) 05/08/20 6 i.J48 STATEMENT OF FACTS re 45 MOTION for Summary Judgment filed by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton. (Davis, Glenn) (Entered: 05/08/2006) 05/08/20 6 i.J49 BRIEF IN OPPOSITION re 45 MOTION for Summary Judgment filed by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton, (Attachments: # 1 Proposed Order Proposed Order)(Davis, Glenn) (Entered: 05/08/2006) 05/08/20 6 i.J50 BRIEF IN OPPOSITION re 43 MOTION in Limine to Preclude Parol Evidence filed by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton,(Davis, Glenn) (Entered: 05/08/2006) 05/12/20 6 i.Jil REPLY BRIEF re 45 MOTION for Summary Judgment filed by The Travelers Indemnity Company, (Attachments: # 1 Exhibit(s) E# 2 Exhibit (s) F# 1 Exhibit(s) G# '\ Exhibit(s) H# ~ Exhibit(s) 1)(Feltes, Sandhya) (Entered: 05/12/2006) 05/12/20 6 i.J52 REPLY BRIEF re 43 MOTION in Limine to Preclude Parol Evidence filed by The Travelers Indemnity Company, (Attachments: # I Exhibit(s) B# 2 Exhibit(s) C# 3 Exhibit(s) D)(Feltes, Sandhya) (Entered: 05/12/2006) 05/16/20 6 i.J ~l RESPONSE by The Travelers Indemnity Company to 48 Statement of Facts, (Feltes, Sandhya) (Entered: 05/16/2006) OS/25/20 6 i.J54 MOTION in Limine by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton. (Attachments: # 1)(Davis, Glenn) (Entered: OS/25/2006) OS/25/20 6 i.J55 BRIEF IN SUPPORT re ~4 MOTION in Limine filed by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton,(Davis, Glenn) (Entered: OS/25/2006) OS/26/20 6 \>>56 MOTION in Limine To Preclude Defendants' Trial Exhibits by The Travelers Indemnity Company. (Attachments: # 1 Proposed Order) (Feltes, Sandhya) (Entered: OS/26/2006) OS/26/20 6 \>>57 MEMORANDUM OF LAW by The Travelers Indemnity Company re 56 MOTION in Limine To Preclude Defendants' Trial Exhibits. (Attachments: # 1 Exhibit(s) A)(Feltes, Sandhya) (Entered: OS/26/2006) OS/26/201 6 i.J ~a PRETRIAL MEMORANDUM by The Travelers Indemnity Company. (Attachments: # I Certificate of Conference to Remove Objections to Depositions# 2 Plaintiff's Exhibit List# .3 Plaintiff's Proposed Special Verdict Questions)(Feltes, Sandhya) (Entered: OS/26/2006) OS/26/201 6 i.J59 PRETRIAL MEMORANDUM by Patricia Wooton, Peter Ballantine, Alison Ballantine, Ben Wooton. (Davis, Glenn) (Entered: OS/26/2006) 05/30/20( 6 \;J COUNSEL is advised that document 57 filed 5/26/06 is to be refiled https://ecf. amd.circ3 .dcnlcgi -binlDktRpt. pi 7903 748787605938- L _ 280 _0-1 06/12/2006 'pennsylva ia Middle District Version 2.5 - Docket Report Page 8 of 8 05/30/20 6 using the event BRIEF IN SUPPORT located under RESPONSES/REPLIES. (jc) (Entered: 05/30/2006) ~60 MEMORANDUM AND ORDER - AND NOW, this 30th day of May, 2006, upon consideration of plf.'s mtn. for SJ, filed 4/21/06, 45, it is Ordered that the mtn. is granted. The Clerk of Court shall enter jgm. in favor of the plf., Travelers Indemnity Company, & against the defts., Peter Ballantine, Alison Ballantine, Ben Wooton, & Patricia Wooton, in the sum of$165,291.15. It is further ordered that the plf.'s mtn. in limine 43 is dism'd as moot. The Clerk of Court shall close the file. Signed by Judge William W. Caldwell on 5/30/06. (am) (Entered: 05/30/2006) ~61 JUDGMENT - IT IS ORDERED AND ADJUDGED THAT SJ be entered in favor of plaintiff, The Travelers Indemnity Company, Successor in Interest by Merger to Gulf Insurance Company and against defendants, Peter Ballantine, Alison Ballantine, Ben Wooton and Patricial Wooton in the sum of$165,291.15. Entered by dep. clerk ASM. (am) (Entered: 05/30/2006) ~62 PRAECIPE TO ISSUE CERTIFICATION OF JUDGMENT. (Feltes, Sandhya) (Entered: 06112/2006) ~63 CERTIFICATE OF CLERK issued. (jc) (Entered: 06/12/2006) 05/30/20 6 06112/20 6 06/12/20 6 https://ecf. amd.circ3 .dcnJcgi-binJDktRpt. pl?903 748787605938- L _ 280_0-1 06/12/2006 OURT OF COMMON PLEAS -- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRAVELERS INDEMNITY COMPANY, ssor in Interest by Merger to GULF INS RANCE COMPANY One State Street Plaza, 10th FI. Ne York, NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. No. O~ - C(Ql:~-.-, PE R BALLANTINE, Individually and ALl ON BALLANTINE, Individually h/w 170 Olmsted Way East CHill, PA 17011 and WOOTON, Individually and RlCIA WOOTON, Individually h/w Lambs Gap Road , PA 17025 Defendants TO PETER BALLANTINE, Individually 1709 Olmsted Way East Camp Hill. PA 17011 NOTICE Notice is given that a Summary Judgment in the above-captioned matter has been entered against you. on . A copy of the Praecipe for Judgment is enclosed. Transferred from The U.S. District Co Ie District of Pennsylvania. By: DEPUTY If Y have any questions concerning the above, please contact: Attornev of Partv Filine: SANDHY A M. FELTES, Esquire Address KAPLIN STEWART MELOFF REITER & STEIN, P.C. 910 Harvest Dr., P.O. Box 3037 City. State. ZiD Code BLUE BELL, PA 19422-0765 TeleDhone Number (610)260-6000 (:) t ~ 1 - -- ~ ..:t _ -4) "'-J "-> -.0 ~ --.c r)' --... ~ ?v \) o () ~ J ;--) 0 (j ~,-?> ~'n c. .::,"' .....-4 C---; ~r :!J r,1,.,~ ~ '_.,,~; (J' " .-.- , ( ') -_-/11 >-::; 5J (f"l .< r,' c.? COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW T TRAVELERS INDEMNITY COMPANY, Sue essor in Interest by Merger to GULF INS RANCE COMPANY One State Street Plaza. 10th Fl. Ne York, NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. No. 6(P ~ C,u~L'-T~, PE R BALLANTINE, Individually and ALl ON BALLANTINE, Individually h1w 17 Olmsted Way East CHill, PA 17011 and WOOTON, Individually and CIA WOOTON, Individually h1w 22 Lambs Gap Road Enol, PA 17025 Defendants TO: ALISON BALLANTINE, Individually 1709 Olmsted Way East Camp Hill, PA 17011 NOTICE Notice is given that a Summary Judgment in the above-captioned matter has been entered against you. on . A copy of the Praecipe for Judgment is enclosed. Transferred from The U.S. District Co District of Pennsylvania. By: DEPUTY If yo have any questions concerning the above. please contact: Attorney of Party Filing SANDHY AM. FELTES, Esquire Address KAPLIN STEWART MELOFF REITER & STEIN, P.C. 910 Harvest Dr., P.O. Box 3037 City. State. Zip Code BLUE BELL, PA 19422-0765 Teleohone Number (610)260-6000 COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW T TRAVELERS INDEMNITY COMPANY, S ccessor in Interest by Merger to GULF I SURANCE COMPANY o e State Street Plaza, 1 Qili Fl. N w York. NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PA vs. No. O~- Ciu;tr~ TER BALLANTINE, Individually and ISON BALLANTINE, Individually h1w 17 9 Olmsted Way East Ca p Hill. PA 17011 and BE WOOTON, Individually and PA CIA WOOTON. Individually h1w 22 Lambs Gap Road En la, PA 17025 Defendants TO: BEN WOOTON, Individually 2290 Lambs Gap Road Enola, PA 17025 NOTICE Notice is given that a Summary Judgment in the above-captioned matter has been entered against you, on . A copy of the Praecipe for Judgment is enclosed. Transferred from The U.S. District C By: DEPUTY If yo have any questions concerning the above, please contact: Attornev of Partv Filing SANDHYA M. FELTES, Esquire Address KAPLIN STEWART MELOFF REITER & STEIN, P.C. 910 Harvest Dr., P.O. Box 3037 City. State. Zip Code BLUE BELL, PA 19422-0765 Telephone Number (610)260-6000 COURT OF COMMON PLEAS -- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW T TRAVELERS INDEMNITY COMPANY, Su cessor in Interest by Merger to GULF IN URANCE COMPANY On State Street Plaza, 10th Fl. Ne York. NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PA vs. No. Ol.e.- eo~tT~ PE R BALLANTINE, Individually and AL SON BALLANTINE, Individually hlw 17 Olmsted Way East C p Hill. PA 17011 and BE WOOTON, Individually and PA RICIA WOOTON, Individually hlw 229 Lambs Gap Road Eno a. PA 17025 Defendants TO PATRICIA WOOTON. Individually 2290 Lambs Gap Road Enola, PA 17025 NOTICE Notice is given that a Summary Judgment in the above-captioned matter has been entered against you, on . A copy of the Praecipe for Judgment is enclosed. Transferred from The U.S. District Co District of Pennsylvania. By: DEPUTY If yo have any questions concerning the above. please contact: Attornev of Partv Filing SANDHY AM. FELTES, Esquire Address KAPLIN STEWART MELOFF REITER & STEIN, P.C. 910 Harvest Dr., P.O. Box 3037 City. State. Zip Code BLUE BELL, PA 19422-0765 Telephone Number (610)260-6000 KAPLIN STEWART MELOFF REITER & STEIN, P.C. BY: Sandhya M. Feltes, Esquire J.D. No. 58751 910 Harvest Dr., P.O. Box 3037 Blue Bell, PA 19422-0765 610/260-6000 Attorneys for Plaintiff THE TRAVELERS INDEMNITY COMPANY, Successor in Interest by Merger to GULF INSURANCE COMPANY One State Street Plaza, 10th Fl. New York, NY 10004 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. No. 06-3459 PETER BALLANTINE, Individually and ALISON BALLANTINE, Individually h/w 1709 Olmsted Way East Camp Hill, PA 17011 and BEN WOOTON, Individually and PATRICIA WOOTON, Individually h/w 2290 Lambs Gap Road Enola, P A 17025 Defendants PRAECIPE to SATISFY JUDGMENT TOTHEPROTHONTARY: Kindly mark the within judgment "SATISFIED" as to all Defendants, on payment of your cQsts. DATED: 10/12/06 STEWART MELOFF REITER & STEIN, P.C. o c: ;:-'" r-.:> c::~;) r::-.::;.:J c:.J-" g .....~,.t <.." fv ~'