HomeMy WebLinkAbout95-01056
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Plaintiff
CIVIL ACTION - LAW
NO. 95-1056 Civil Term
RESOLUTION TRUST CORPORATION, :
in its capacity as Conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
SAMUEL D. ROSS and
DOROTHY A. ROSS, his wife,
Defendants
PRAECIPE FOR SATISPACTION OP JUDGMENT
TO: Lawrence E. Welker, Prothonotary
Please mark the judgment entered in favor of Resolution
Trust Corporation, in its capacity as Conservator of Homestead
Federal Savings Association in the above-captioned matter
satisfied in full.
Jo n McN. Cramer
At orney I.D. No. 00478
R D SMITH SHAW & McCLAY
2 3 Market Street, 9th Floor
.0. Box 11844
Harrisburg, PA 17108
(717) 234-5988
Attorneys for Plaintiff, Resolution
Trust Corporation, in its capacity
as Conservator/Receiver for
Homestead Federal Savings
Association
CERTIPICATE OP SERVICE
I hereby certify that I have this I"~ day of May, 1995,
served a true and correct copy of the foregoing Praecipe for
Satisfaction of Judgment by first class U.S. mail, postage
prepaid, to the following:
James J. Kutz, Esquire
Eckert, Seamans, Cherin & Mellot
One South Market Square Building
213 Market Street
Harrisburg, PA 17101
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$41.66 per day to February 10, 1995, the date of entry of final
judgment: ~ Docket Entries 55 and 60) .
n McN. Cramer
torney 1.0. No. 00478
ED SMITH SHAW & McCLAY
13 Market Street
P.O. Box 11844
Harrisburg, Pennsylvania 17108
(717) 234-5988
Attorneys for Resolution Trust
Corporation, in its capacity as
Conservator of Homestead Federal
Savings Association
-2-
TERMED HBG
U.S. District Court
Middle District of Pennsylvania (Harrisburg)
CIVIL DOCKET FOR CASE #: 93-CV-413
Resolution Trust Co., et al v. Ross, et al
Assigned to: Judge James F. McClure, Jr.
Demand: $244,000 42043
Lead Docket: None
Dkt # in M.D. of PA : is 1:CV-93-414
Filed: 03/22/93
Nature of Suit: 140
Jurisdiction: US plaintiff
Cause: 28:1345 Recovery of Debt to US
RESOLUTION TRUST CORPORATION,
in its capacity as Conservator
of Homestead Federal Savings
Association
plaintiff
John McN. Cramer
[COR LD NTC]
Reed, Smith, Shaw & McClay
213 Market St., Ninth Floor
P.O. Box 11844
Harrisburg, PA 17108
(717) 234-5988
v.
SAMUEL D. ROSS
defendant
James J. Kutz
[COR LD NTC]
Eckert, Seamans, Cherin &
Mellott
One South Market Sq. Bldg.
213 Market St., P.O. Box 1248
Harrisburg, PA 17101
(717) 237-6024
Mark David Bradshaw
[COR LD NTC]
One South Market Square
Building
213 Market St.
Harrisburg, PA 17101
717-237-6000
e'er/ifi,tt"
I)-l' ..'. i'fo!
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-
Christopher M. Cicconi
[COR LD NTC]
Eckert, Seamans, Cherin &
Mellott
213 Market St.
One South Market Square Bldg.
Harrisburg, PA 17101
(717) 237-6000
Docket as of February 15, 1995 4:23 pm
Page 1
Proceedings include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
TERMED
HBG
DOROTHY A. ROSS, his wife
defendant
James J. Kutz
(See above)
[COR LD NTC]
Mark David Bradshaw
(See above)
[COR LD NTC]
Christopher M. Cicconi
(See above)
[COR LD NTC]
--..DaDa_a____.__a_a_=__
SAMUEL D. ROSS
third-party plaintiff
James J. Kutz
[COR LD NTC]
Eckert, Seamans, Cherin &
Mellott
One South Market Sq. Bldg.
213 Market St., P.O. Box 1248
Harrisburg, PA 17101
(717) 237-6024
Mark David Bradshaw
[COR LD NTC]
One South Market Square
Building
213 Market St.
Harrisburg, PA 17101
717-237-6000
Christopher M. Cicconi
Eckert, Seamans, Cherin &
Mellott
213 Market St.
One South Market Square Bldg.
Harrisburg, PA 17101
(717) 237-6000
DOROTHY A. ROSS
third-party plaintiff
James J. Kutz
(See above)
[COR LD NTC]
Mark David Bradshaw
(See above)
[COR LD NTC]
Christopher M. Cicconi
(See above)
Docket as of February 15, 1995 4:23 pm
Page 2
Proceedings include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
3/22/93 1
3/23/93 2
3/29/93 3
3/30/93 4
4/8/93 5
4/13/93 6
4/14/93 7
4/27/93 8
5/7/93 9
5/11/93 10
5/11/93
6/25/93 11
6/25/93 12
6/25/93 12
TERMED
HBG
COMPLAINT - Summons issued; N/C to cnsl.; N/C attached to
complaint for service upon defts; no jury trial demanded;
copy of docket sheet to Judge Rambo and Terry. (jh)
[Entry date 03/23/93]
LETTER from court to cnsl. re: case assignment & procedure.
cc: McN. Cramber & Ct. (tm)
ACKNOWLEDGEMENT OF SERVICE of the complnt. by Mark D.
Bradshaw, Esq. o/b/o Samuel & Dorothy Ross. (tm)
ORDER by Judge Sylvia H. Rambo Because the undersigned is
personally acquainted with the defts in civil Action No.
1:CV-93-414, and because both civil actions were assigned
as related cases, IT IS HEREBY ORDERED THAT the Clerk of
Court is directed to reassign the cases to another judge
and adjust the assignments accordingly. Case reassigned to
Judge William W. Caldwell (cc: all counsel, Judge Rambo
and Judge Caldwell) (jh)
LETTER- from the Ct. to all parties advising of case
assignment & procedures. (js)
MOTION by defts. to extend time to answer. Cone. of pltf.
noted. (c/s) Propo. (js) [Entry date 04/15/93]
ORDER by Judge William W. Caldwell: granting motion to
extend time to answer. [6-1] Answer ddl. extended to
4/27/93 for Dorothy A. Ross and Samuel D. Ross (cc: all
counsel & Ct.) (js) [Entrf date 04/15/93]
ANSWER by defendants to the complnt. cis. (tm)
[Entry date 04/29/93]
ORDER by Judge William W. Caldwell A Scheduling conf. will
be held at 3:30 p.m. on 6/30/93 See order for add'l
details. (cc: all counsel & Ct.) (tm) [Entry date 05/10/93]
THIRD-PARTY COMPLAINT: by defendants against Dennis M.
O'Hanlan & Merrill Brofee. cis. (tm) [Entry date 05/12/93]
THIRD PARTY SUMMONS issued as to third-party defendants. (tm)
[Entry date 05/12/93]
ENTRY OF ATTORNEY APPEARANCE for third-party defendant
Merrill Brofee by Atty. John Purcell. (tm)
[Entry date 06/28/93]
ANSWER by third-party defendant Merrill Brofee to Third
Party Complaint with counterclaim. cis. (tm)
[Entry date 06/28/93]
COUNTERCLAIM by third-party defendant Merrill Brofee
against defendants. cis. (tm) [Entry date 06/28/93]
Docket as of February 15, 1995 4:23 pm
Page 4
Proceedings include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
7/1/93 13
7/1/93 14
7/1/93 15
7/16/93 16
7/16/93 17
9/2/93 18
9/3/93 19
10/27/93 20
10/28/93 21
11/3/93 22
11/3/93 23
11/3/93 24
11/3/93 25
11/3/93 26
11/3/93 27
TERMED
HBG
MINUTE SHEET of scheduling conf. held 6/30/93 (tm)
ORDER by Judge William W. Caldwell Disc. to be completed
by 9/30/93; mtns. for joinder due 7/9/93; all pretrial
mtns. due by 9/30/93. (cc: all counsel & Ct.) (tm)
JURY TRIAL DEMAND by dfts. & 3rd pty. plntfs. cis. (tm)
MINUTE SHEET - of telephone conference held on 7/15/93. (jh)
[Entry date 07/19/93] [Edit date 07/19/93]
ORDER by Judge William W. Caldwell Discovery in these
cases is stayed until 8/2/93, subject to the following
exception. In case No. 1:CV-93-413, disc. may proceed on
7/26/93, unless prior to that time defts provide pltf with
a statement disclosing their assets, etc. (cc: all counsel
& Ct.) (jh) [Entry date 07/19/93]
MOTION by defendant Samuel D. Ross, defendant Dorothy A.
Ross to extend discovery through and including 10/31/93
with cert of none one and c of s. (jh) [Entry date 09/08/93]
ORDER by Judge William W. Caldwell granting motion to
extend discovery through and including 10/31/93 [18-1]
discovery shall be completed by 11/1/93 (cc: all counsel
& Ct.) (jh) [Entry date 09/08/93]
UNOPPOSED MOTION by deft. Merrill Brofee to extend until
11/30/93. (c/s) Propo. (js) [Entry date 10/28/93]
ORDER -by Judge William W. Caldwell: granting motion by
deft. Merrill Brofee to extend. [20-1] discovery and
dispos. mtn. ddl. extended to 11/30/93; (cc: Ct; all
counsel) (js) [Entry date 11/01/93]
MOTION by pltf. Resolution Trust for sum/jgm. Non-conc.
(c/s) (js) [Entry date 11/08/93]
BRIEF/SUPPORT by pltf. to its mtn. for sum/jgm. [22-1] (c/s)
(js) [Entry date 11/08/93]
STATEMENT OF UNDISPUTED FACTS by pltf. in support of its
mtn for sum/jgm. [22-1] (c/s) (js) [Entry date 11/08/93]
DECLARATION of Ann K. Walker, Customer Service Rep. of
Homestead Federal Savings Assn., submitted by pltf. in re:
motion for sum/jgm. [22-1] (js) [Entry date 11/08/93]
DECLARATION of David H. Martin, Asset Mgr. of Homestead
Fed. Savings Assn., submitted by pltf. in re motion for
sum/jgm. [22-1] (js) [Entry date 11/08/93]
APPENDIX -of supporting docus. to pltf's mtn. for sum/jgm.
Docket as of February 15, 1995 4:23 pm
Page 5
TERMED
Proceedings include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
11/17/93 28
11/17/93 29
11/30/93 30
11/30/93 31
11/30/93 32
11/30/93 33
11/30/93 33
11/30/93 34
11/30/93 35
11/30/93 36
11/30/93 37
11/30/93 38
12/7/93 39
12/7/93 40
12/7/93 41
HBG
(jsl [Entry date 11/08/93]
STIPULATION and ORDER by Judge William W. caldwell:Dfts.
may file their brief in oppo. to plntf's mtn. for s/j on or
before 11/30/93. (cc: all counsel & Ct.l (tml
[Entry date 11/19/93]
STIPULATION between snsl. that dfts. ans. to the complnt.
shall be deemed to include a 9th affirmative defense as
follows: plntf's claims are unenforceable as against dfts.
due to "fraud in the factum" (tml [Entry date 11/19/93]
MOTION by third-party defendant Merrill Brofee for summary
judgment. Non-conc. (c/sl Propo. (jsl [Entry date 12/01/93]
DECLARATION by third-party defendant Merrill Brofee re his
motion for summary judgment [30-1] (jsl
[Entry date 12/01793]
STATEMENT OF FACTS by third-party defendant Merrill Brofee
in support of motion for summary judgment [30-1] (jsl
[Entry date 12/01/93]
EXHIBITS/"APPENDIX" by defts. to their mtn. for summary
jgm. AND (jsl [Entry date 12/01/93]
EXHIBITS/"APPENDIX"- of defts. in oppo. to pltf's mtn. for
summary judgment. (jsl [Entry date 12/01/93]
RESPONSE by defts. to pltf's statement of alleged
undisputed facts. (jsl [Entry date 12/01/93]
BRIEF/OPPO.- by defts. to pltf's motion for sum/jgm. [22-1];
reply brief due 12/13/93 (jsl [Entry date 12/01/93]
CROSS MOTION by defts. for summary judgment (jsl
[Entry date 12/01/93]
STATEMENT OF FACTS by defts. in support of cross motion for
summary judgment [36-1.] (jsl [Entry date 12/01/93]
BRIEF/SUPPORT by defts. Samuel & Dorothy Ross supporting
their mtn. for sum/jgm. [36-1] (jsl [Entry date 12/01/93]
BRIEF/SUPPORT -by 3rd pty deft Merrill Brofee to his mtn.
for sum/jgm. [30-1] (jsl [Entry date 12/08/93]
MOTION by Samuel D. RosS, Dorothy A. Ross to strike 3rd
pty deft. Merrill Brofee's mtn. for sum/jgm. Propo.
Non-cone. (c/sl (jsl [Entry date 12/08/93]
MEMO/SUPPORT by defts. Samuel D. Ross and Dorothy A. Ross
to their motion to strike [40-1] (c/sl (jsl
[Entry date 12/08/93]
Docket as of February 15, 1995 4:23 pm
Page 6
TERMED
Proceedings include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
12/8/93 42
12/8/93 42
12/8/93 43
12/9/93 44
12/14/93 45
12/15/93 46
12/15/93 47
12/15/93 48
12/22/93 49
12/22/93 50
12/29/93 51
1/4/94
52
3/4/94
53
HBG
RESPONSE by third-party defendant Merrill Brofee to dfts.
mtn. to strike 3rd pty. Brofee's mtn. for s/j. cis. (tm)
[Entry date 12/09/93]
MOTION by third-party defendant Merrill Brofee to extend
time to file a brief nunc pro tunc ciS & propo. (tm)
[Entry date 12/09/93]
BRIEF by third-party defendant Merrill Brofee in support of
motion to extend time to file a brief nunc pro tunc [42-1]
ciS. (tm) [Entry date 12/09/93]
ORDER by Judge William W. Caldwell denying motion to strike
3rd pty deft. Merrill Brofee's mtn. for sum/jgm. The brief
is considered to be timely filed. [40-1] (cc: all counsel &
Ct.) (tm) [Entry date 12/10/93]
Reply brief of Plf in support of motion for sum/jgm. [22-1]
cis (cg) [Entry date 12/16/93]
Response by plaintiff to statement of undisputed facts
filed by defts Sanuel F. Ross and Dorothy A. Ross. ciS (cg)
[Entry date 12/16/93]
supplemental Declaration of David H. Martin, Mgr. of
Homestead Federal Savings Association [26-1] (cg)
[Entry date 12/16/93]
Brief by plaintiff in opposition to defendants' motion for
summary judgment [36-1] (cg) [Entry date 12/16/93]
RESPONSE by third-party plaintiffs to add'l dft. Merril
Brofees statement of material facts. ciS. (tm)
[Entry date 12/23/93]
BRIEF by third-party plaintiff in opposition to motion for
summary judgment [30-1]. cis. (tm) [Entry date 12/23/93]
in support of
(c/s) (js)
REPLY BRIEF by defts. Samuel & Dorothy Ross
their motion for summary judgment [36-1]
[Entry date 12/30/93]
REPLY BRIEF by third-party defendant Merrill Brofee in
support of motion for summary judgment [30-1] ciS. (tm)
[Entry date 01/05/94]
ORDER by Judge William W. Caldwell The undersigned recuses
himself from further participation in these cases and
directs the Clerk of Court to assign them to another judge.
Case reassigned to Judge James F. McClure Jr. (cc: all
counsel, Ct. & Judge McClure) (jh)
Docket as of February 15. 1995 4:23 pm
Page 7
Proceedings include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
9/30/94 54
10/12/94 55
10/12/94 56
10/14/94
10/19/94
10/25/94
10/25/94
10/27/94 57
10/28/94
10/31/94 58
10/31/94 59
TERMED
HBG
MEMORANDUM AND ORDER by Judge James F. McClure Jr.:
granting pltf's motion for sum/jgm [22-1]; denying dft's
motion for summary judgment [36-1]; denying third-partr
dft's motion for summary jgmt [30-1]; jgmt is entered n
favor of pltf Resolution Trust Corp and against dfts Samuel
D. Ross and Dorothy A. Ross in the amount of $251,782.94
plus int accruing from Sept 1, 1993 at rate of $41.66 per
day to the date of entry of jgmt Case terminated (cc: all
counsel) (lg)
MOTION by pltf Resolution Trust for entry of final
judgment per FRCP 54(b). Non-conc. Propo. (c/s) (js)
[Entry date 10/14/94]
BRIEF/SUPPORT- by pltf. to its mtn for entry of final jgm
[55-1] (c/s) (js) [Entry date 10/14/94]
REMARK- Docus. 55 & 56 to Wmspt. from Hbg. (js)
Remark: closed file (docs 1-54 inclusive) to SCR (lg)
Case file rec'd in SCR & sent to Files-R-Us. Original of Doc
#55 (Memo & Order and Judgement) to Security. (ep)
[Edit date 10/25/94]
Case file to Files-R-Us. (ep)
BRIEF/OPPO. by defts. Samuel D. Ross, Dorothy A. Ross to
pltf's mtn for entry of final jgm [55-1]; Reply brief due
11/9/94. Exhibits. (c/s) (js) [Entry date 10/28/94]
REMARK- Docu. #57 to Wmspt. fro Hbg. (js)
REPLY BRIEF by pltf Resolution
entry of final judgment [55-1]
[Entry date 11/02/94]
REPLY BRIEF by pltf Resolution Trust in support of mtn for
entry of final judgment [55-1] (c/s) (js)
[Entry date 11/02/94]
Trust in support of mtn for
(c/s) (js)
11/1/94 REMARK - Document 57 sent to Scranton. (jh)
11/2/94 REMARK- Docu. #58 to Wmspt. from Hbg. (js)
11/2/94 REMARK- Docu. #59 to Wmspt. from Hbg. (js)
11/14/94 Case file to WMSPT. (ep)
Docket as of February 15, 1995 4:23 pm
Page 8
TERMED
Proceedings 'include all events.
1:93cv413 Resolution Trust Co., et al v. Ross, et al
2/10/95 60
2/10/95 61
2/13/95
2/14/95
2/14/95
2/14/95
HBG
MEMORANDUM AND ORDER by Judge James F. McClure Jr. - Court
declines to exercise suppl.jurisdiction over third-pty
claims based upon state law. Clerk to enter final jgm in
favor of Resolution Trust Corp. consistent w/9/30/94 order.
Dft third-pty claims dismissed w/o prejudice. Clerk to
close case file. (cc: all counsel, M.D.PA judges, not
published) (bp)
JUDGMENT by Judge James F. McClure Jr. in favora ofa
AResolution Trust Corp. consistent w/Court's memo and order
of 9/30/94. Case terminated (cc: all counsel) (bp)
[Entry date 02/13/95]
Remark _ security copy and case file to. s.c.O. from Wmpt
(bp)
Remark (ep)
Case file rec'd in SCR & sent to Files-R-Us. original of
Doc #s 60 (Memo & Order) & 61 (Judgement) to Security. (ep)
Case file rec'd in SCR & sent to Files-R-Us. Original of
Doc 60 (Judgement) to Security. (ep)
Docket as of February 15, 1995 4:23 pm
Page 9
CERTIPICATE OP SERVICE
I hereby certify that I have this 27th day of February,
1995, served a true and correct copy of the foregoing Praecipe for
Transfer of Judgment by first class U.S. mail, postage prepaid, to
the following:
James J. Kutz, Esquire
Eckert, Seamans, Cherin & Mellot
One South Market Square Building
213 Market Street
Harrisburg, PA 17101
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