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$41.66 per day to February 10, 1995, the date of entry of final
judgment: ~ Docket Entries 55 and 60) .
. Cramer
rney I.D. No. 00478
RE D SMITH SHAW & McCLAY
2 Market Street
.0. Box 11844
Harrisburg, Pennsylvania 17108
(717) 234-5988
Attorneys for Resolution Trust
corporation, in its capacity as
Conservator of Homestead Federal
Savings Association
-2-
Proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
TERMED
HBG
ANNE W. STEWART, his wife
defendant
James J. Kutz
(See above)
[COR LD NTCl
Mark David Bradshaw
(See above)
[COR LD NTCl
Christopher M. Cicconi
(See above)
[COR LD NTCl
aDD=.caaDaDa._.==....=.-
SAMUEL F. STEWART
third-party plaintiff
James J. Kutz
[COR LD NTCl
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 NTCl
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
ANNE W. STEWART
third-party plaintiff
James J. Kutz
(See above)
[COR LD NTCl
Mark David Bradshaw
(See above)
[COR LD NTCl
Christopher M. Cicconi
(See above)
Docket as of February 15, 1995 4:23 pm
Page 2
proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
[term 09/17/93]
(See above)
[COR LD NTC]
TERMED
HBG
Docket as of February 15, 1995 4:23 pm
Page 4
Proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
3/22/93 1
3/22/93
3/23/93 2
3/29/93 3
3/30/93 4
4/8/93 5
4/13/93 6
4/15/93 7
4/27/93 8
5/7/93 9
5/11/93 10
6/25/93 11
6/25/93 11
6/25/93 12
7/1/93 13
TERMED
HBG
COMPLAINT filed. No jury trial demanded. Copy of docket to
J. Rambo & tjm. (tm) [Entry date 03/23/93]
SUMMONS issued as to defendants wiN & C. (tm)
[Entry date 03/23/93]
LETTER from court to cnsl. re: case assignment & procedure.
cc: McN. Cramber & Ct. (tm)
ACKNOWLEDGEMENT OF SERVICE of complnt. by Mark D. Bradshaw,
Esq. o/b/o Samuel & Anne Stewart. (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 &
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. 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] Answers due on 4/27/93 for
Anne W. Stewart and Samuel F. Stewart. (cc: Ct; counsel) (js)
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]
ANSWER by third-party defendant Merrill Brofee to Third
Party Complaint. CIS. (tm) [Entry date 06/28/93]
COUNTERCLAIM by third-party defendant Merrill Brofee
against defendants Samuel F. Stewart & Anne W. Stewart.
C/S. (tm) [Entry date 06/28/93]
ENTRY OF ATTORNEY APPEARANCE of John Purcell, Esq. for
third-party defendant Merrill Brofee. cis. (tm)
[Entry date 06/28/93]
MINUTE SHEET of scheduling conf. held on 6/30/93 (tm)
[Edit date 07/01/93]
Docket as of February 15, 1995 4:23 pm
Page 5
TERMED
Proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
7/1/93
14
7/1/93 15
7/16/93 16
7/16/93 17
9/2/93
18
9/3/93
19
9/17/93 20
10/27/93 21
10/28/93 22
11/3/93 23
11/3/93 24
11/3/93 25
11/3/93 26
11/3/93 27
HBG
ORDER by Judge William W. Caldwell Disc, shall be completed
by 9/30/93; mtns. for joinder due by 7/6/93; pretrial mtns.
shall be filed by 9/30/93 (cc: all cnsl & Ct.) (tm)
[Edit date 07/01/93]
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 defendants Samuel F. Stewart and Anne W. Stewart
to extend discovery through and including 10/31/93 with
cert of conc 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]
PRAECIPE: by third-party defendant Merrill Brofee to
withdraw their counterclaim, without prejudice. (c/s) (js)
UNOPPOSED MOTION by third-party defendant Merrill Brofee
to extend discovery until 11/30/93. (c/s) Propo. (js)
[Entry date 10/28/93]
ORDER- by Judge William W. Caldwell: granting motion to
extend. [21-1] Discovery & dispos. mtns. ddls. extended to
11/30/93 (cc: Ct; all counsel) (js) [Entry date 11/01/93]
MOTION by pltf for sum/jgm. w/ Non-conc. attached. (c/s) (js)
[Entry date 11/0e/93]
BRIEF/SUPPORT-by pltf. to its motion for sum/jgm. [23-1]c/s
(js) [Entry date 11/08/93]
STATEMENT OF FACTS by pltf. in support of mtn for sum/jgm.
[23-1] (c/s) (js) [Entry date 11/08/93]
DECLARATION of Ann K. Walker submitted by pltf. in re mtn.
for sum/jgm. [23-1] (js) [Entry date 11/08/93]
DECLARATION- of David H. Martin submitted by pltf. in re:
motion for sum/jgm. [23-1] (js) [Entry date 11/08/93]
Docket as of February 15, 1995 4:23 pm
Page 6
TERMED
Proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
11/3/93 28
11/17/93 29
11/17/93 30
11/30/93 31
11/30/93 32
11/30/93 33
11/30/93 34
11/30/93 35
11/30/93 36
11/30/93 37
11/30/93 38
11/30/93 39
12/7/93 40
HBG
APPENDIX OF SUPPORTING DOCUMENTS-submitted by pltf. to its
mtn. for sum/jgm. (js) [Entry date 11/08/93]
STIPULATION and ORDER by Judge William W. caldwell: that
dfts. may fie their brief in oppo. to plntf's mtn. for s/j
on or before 11/30/93 (cc: all counsel & Ct.) (tm)
[Entry date 11/19/93]
STIPULATION between cnsl. that dfts. ans. to the cmplnt.
shall be deemed to include a 9th affirmative defense,
reading as follows: Plntf's claims are unenforceable as
against dfts. due to "fraud & the factum". (tm)
[Entry date 11/19/93]
MOTION by third-party defendant Merrill Brofee for summary
judgment against 3rd pty. pltfs. Samuel & Anne Stewart.
Non-cone. noted. (c/s) Propo. (js) [Entry date 12/02/93]
DECLARATION by Merrill Brofee supporting his motion for
summary judgment [31-1] (js) [Entry date 12/02/93]
STATEMENT OF FACTS by third-party defendant Brofee in
support of his motion for summary judgment [31-1] (js)
[Entry date 12/02/93]
RESPONSES by defts. Samuel F. Stewart and Anne W. Stewart
to pltf's statement of alleged undisputed facts. (js)
[Entry date 12/02/93]
BRIEF/OPPO. by defts. Samuel & Anne Stewart to pltf's
motion for sum/jgm. [23-1] ;reply brief due 12/13/93 (js)
[Entry date 12/02/93]
CROSS MOTION by defts. Samuel F. Stewart and Anne W.
Stewart for summary judgment against pltf. (c/s) (js)
[Entry date 12/02/93]
STATEMENT OF FACTS by defts Samuel & Anne Stewart in
support of their cross motion for summary judgment [36-1]
(js) [Entry date 12/02/93]
BRIEF/SUPPORT- by defts. Samuel & Anne Stewart to their
cross motion for summary judgment [36-1] (c/s) (js)
[Entry date 12/02/93]
EXHIBITS (APPENDIX) of defts. Samuel & Anne Stewart in
support of their cross mtn. for sum/jgm. & in opposition to
pltf's mtn. for sum/jgm. (js) [Entry date 12/02/93]
BRIEF/SUPPORT- by 3rd pty deft Merrill Brofee to his mtn.
for sum/jgm. [31-1] (js) [Entry date 12/08/93]
Docket as of February 15, 1995 4:23 pm
Page 7
TERMED
Proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
12/7 /93 41
12/7/93 42
12/8/93 43
12/8/93 43
12/8/93 44
12/9/93 45
12/14/93 46
12/15/93 47
12/15/93 48
12/15/93 49
12/22/93 50
12/22/93 51
12/29/93 52
1/4/94
53
HBG
MOTION by defts. Samuel F. Stewart & Anne W. Stewart to
strike deft. brofee's mtn. for sum/jgm. Non-conc. (c/s)
Propo. (js) [Entry date 12/08/93]
MEMO/SUPPORT-by defts. Samuel & Anne Stewart to their mtn.
to strike deft. Brofee's mtn. for sum/jgm. [41-1] (js)
[Entry date 12/08/93]
RESPONSE by third-party defendant Merrill Brofee to dfts.
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.
[43-1]. cis. (tm) [Entry date 12/09/93]
ORDER by Judge William W. Caldwell denying motion to strike
deft. brofee's mtn. for sum/jgm. The brief is considered to
be timely filed. [41-1] (cc: all counsel & Ct.) (tm)
[Entry date 12/10/93]
Reply brief by plaintiff in support of motion for sum/jgm.
[23 -1] cis (cg) [Entry date 12/16/93]
Supplemental Declaration of David H. Martin, Asset Mgr of
Homestead Federal Savings. re [27-1] (cg)
[Entry date 12/16/93]
Response by plaintiff to statement of undisputed facts
filed by defendants Stewart. cis (cg) [Entry date 12/16/93]
Brief by plaintiff in opposition to defendants' motion for
summary judgment [36-1] cis (cg) [Entry date 12/16/93]
RESPONSE by third-party plaintiffs to add'l dft. Brofee's
statement of material facts. cIs. (tm) [Entry date 12/23/93]
BRIEF by third-party plaintiff in opposition to motion for
summary judgment [31-1] ; cis. (tm) [Entry date 12/23/93]
REPLY BRIEF by defts. Samuel F. and Anne W. Stewart in
support of motion for summary judgment [36-1] (js)
[Entry date 12/30/93]
REPLY BRIEF by third-party defendant Merrill Brofee in
support of motioll for summary judgment [31-1] cIS. (tm)
[Entry date 01/05/94]
Docket as of February 15, 1995 4:23 pm
Page 8
TERMED
Proceedings include all events.
1:93cv414 Resolution Trust v. Stewart, et al
3/4/94 54
9/30/94 55
10/12/94 56
10/12/94 57
10/14/94
10/19/94
10/27/94 58
10/28/94
11/1/94
11/2/94
11/14/94
2/10/95 59
2/10/95 60
2/13/95
HBG
ORDER by Judge William W. Caldwell The undersigned recuses
himself from further particiaption 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)
MEMORANDUM AND ORDER by Judge James F. McClure Jr.: denying
dfts motion for summary jgmt [36-1]; denying third party
dfts motion for summary jgmt [31,1]; granting pltf's motion
for sum/jgm [23-1]; jgmt is hereby entered in favor of pltf
Resolution Trust Corp and against ddfts Samuel F. Stewart
and Anne W. Stewart in the amount of $264,708.45 plus
interest accruing from September 1, 1993 at the rate of
$41.66 per day to the date of entry of jgmt; Case
terminated (cc: all counsel) (lg)
MOTION by pltf for entry of final judgment per FRCP
54(b). Non-cone. (c/s) Propo. (js) [Entry date 10/14/94]
BRIEF/SUPPORT- by pltf. to its mtn. for entry of final jgm
per FRCP 54 (b) [56-1] (c/s) (js) [Entry date 10/14/94]
REMARK- Dacus. 56 & 57 to Wmspt. from Hbg. (js)
Remark: closed file (docs 1-55 inclusive) to SCR (lg)
BRIEF/OPPO. by defts. Samuel F. Stewart and Anne W. Stewart
to pltf's motion for entry of final judgment per FRCP 54(b)
[56-1]; Exhibits. (c/s) Reply brief due 11/9/94 (js)
[Entry date 10/28/94]
REMARK- Docu. #58 to Wmspt. from Hbg. (js)
RE~~K - Document 58 sent to Scranton. (jh)
Remark Docs #57 & 58 to Basement (jw)
Case file to WMSPT. (ep)
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
favoar of Resolution Trust CoRP. CONSISTENT W/MEMO AND
ORDER OF 9/30/94. Dfts 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 favaor oafa
AResolution Trust Corp. consistent with Court's memo and
order of 9/30/95. Case terminated (cc: all counsel) (bp)
[Entry date 02/13/95]
Remark - security copy and case file to S.C.O. from Wmpt (bp)
Docket as of February 15, 1995 4:23 pm
Page 9
RESOLUTION TRUST CORPORATION, :
in its capacity as Conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
NO. 95-4890 CIVIL TERM
vs.
SAMUEL F. STEWART and
ANNE W. STEWART, his wife,
Defendants
.*******************.********************...********..*****...****
RESOLUTION TRUST CORPORATION, :
in its capacity as Conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
NO. 95-1057 CIVIL TERM
/
vs.
SAMUEL F. STEWART and
ANNE W. STEWART, his wife,
Defendants
PRAECIPE TO RBCORD OUITCLAIM ASSIGNMENT OP JUDGMENTS
TO LAWRENCE E. WELKER, PROTHONOTARY:
Please record and file the Quitclaim Assignment of
Judgments attached hereto as Exhibit "A" and Exhibit "B" in both
of the above-captioned cases.
0~
Dino"--A. Ross
Attorney I.D. No. 47466
REED SMITH SHAW & McCLAY
213 Market Street
P.O. Box 11844
Harrisburg, Pennsylvania 17108
(717) 234-5988
Attorneys for Investments Big 3,
LLC, as assignee of Resolution Trust
Corporation, in its capacity as
Conservator of Homestead Federal
Savings Association
Loan Control': 11013439.1
PICk... ,: 205
FIN ,: 1261
RTC TrackiDa': S9S200131101J439
QUITCLAIM ASSIGNMENT OF JUDGMENT
THIS QUITCLAIM ASSIGNMENT OF JUDGMENT ("Quitclaim Assignment") is made
by the undersigned assignor (the" Assignor") to and for the benefit of the following assignee (the
" Assignee"):
INVESTMENTS BIG 3, L.L.C., a limited liability company
organized under the laws of the State of Arizona
1733 North Kachina
Mesa, Arizona 85203
WHEREAS, a Final Judgment (the "Judgment") was entered In the United States District
Court for the Middle District of Pennsylvania, in Case No. I:CY-93-0414 copy of such
Judgment is attached hereto as Exhibit A and incorporated herein, in favor of the Assignor and
against the Judgment Deblors Samuel F. Stewart and Anne W. Stewart,
NOW THEREFORE, the Assignor, for and in consideration ofTen Dollars ($10.00) and
other valuable consideration set forth in that certain Loan Sale Agreement dated as of May II,
1995, the receipt and sufficiency of which is hereby acknowledged, does hereby SELL,
QUITCLAIM, TRANSFER, ASSIGN AND SET OYER to the Assignee and its assigns all right,
title and interest of the Assignor, if any, in and to the Judgment or any portion thereof, and any
and all sums of money that may be obtained as a result of said Judgment or any proceedings
Ihereon, without representation or warranty of any kind or nature, solely to the extent that said
Judgment relates to the Loans sold to Assignee under the Loan Sale Agreement (the "Loan(s)").
Assignee shall have the right to collect or receive the monies due under the Judgment,
and any part thereof, or to release or discharge said Judgment, and the Assignee, by accepting
this Quilclaim Assignment, does hereby hold the Assignor harmless from any and all costs
incurred in the collection of the Judgment, solely to the extent that said Judgment relates to .the
Loan(s) sold to Assignee under the Loan Sale Agreement. '
By the acceptance of this Quitclaim Assignment, Assignee takes the Judgment "as is"
with all faults. Assignor makes no representations as to any matter relating to the Judgment
including, without limitation, the enforceability or collectibility of such Judgment. To thll extent
that the Judgment relates to any Loan(s) not sold to Assignee pursuant to the Loan Sale
Agreement then this Quitclaim Assignment shall be deemed a partial quitclaim assignment only
to the extent of the Loan(s), and Assignor retains all interest in the Judgment as to other loans
or amounts evidenced thereby.
0lJ16161. I
'- .1 ---er-
I
"::'~ll:..:~' :i~llM U"u.:. ,-;.ccro
:late - 'I ..' "".:'> IN THE UNITED STATES DISTRICT COURT
Mary Ii: 0' drea.~ FOR THE MIDDLE DISTRICT OF PENNS'iL'IANIA
ocr 6. 'IU~L,....
- '~1. ;,J:l.E:SJil~UTION T~UST CORPORATION, :
ln lts capaclty as conservator: No. 1:CV-93-0413
i of HOMESTEAD FEDERAL SAVINGS : JUDGE McCLURE
I ASSOCIATION,
Plaintiff
I
-
." ...
,
~'L;pf
"I
,
~
..
~
v.
SAMUEL D. ROSS,
DOROTHY A. ROSS,
Defendantsl
Third-Party
Plaintiffs
v.
DENNIS M. 0' HANLAN,
MERRILL BROFEE,
Third-Party
Defendants
,-
.-::' ".
- o:J ,_
ij:;.c:,,-
'-1.0 ~
RESOLUTION TRUST CORPORATION, :
in its capacity as conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
No. 1:CV-93-0414"/
JUDGE McCLURE
Plaintiff
v.
SAMUEL F. STEWART,
ANNE W. STEWART,
Defendantsl
Third-Party
Plaintiffs
FilleD
WILLlAMSPORT, PA
FEB 1 0 1995
v.
~:rVE.~ND~LERK
oifu;y Ilrk
DENNIS M. 0' HANLAN,
MERRILL BROFEE,
Third-Party
Defendants
M E K 0 R AND 0 M
February 10, 1995
BACKGROUND:
On March 22, "993, plaint~:: the Resolution Trust
.
.
.:.0.:.l"
~".., ': '!:l
Corporation initiated these act~ons, considered together because
of the overlapping legal and factual bases for the s4its as well
as the defenses and third-party claims raised, with the filing of
complaints seeking recovery on two promissory notes. One note
was signed by the Rosses, the other by the Stewarts, and both
were executed in favor of Homestead Savings and Loan Association,
a failed banking association taken over by the RTC. The note.
were in the amount of $200,000.00 each.
On September 30, 1994, the court granted the RTC's motion
for summary jUdgment, holding that certain defenses raised by
defendants are invalid against the RTC pursuant to the D'O.nch.
Duhme doctrine. See D'Oench. Duhme & Co.. Inc. v. FDIC, J15 U.S.
447 (1942); 12 U.S.C. S 1823(e). By the same memorandum and
order, we denied motions for summary judgment filed by defendant.
and third-party defendant Merrill Brofee.
Before the court is a motion by the RTC for certification of
the partial judgment as a final judgment pursuant to Fed. R. Civ.
P. 54(b). For the reasons and in the manner set forth below,
that motion will be granted. We also note that the case was
inadvertently closed following the entry of judgment in favor of
the RTC, despite the remaining third-party claims. The file has
been reopened.
DISCUSSION:
I
j remaining claim is the third-party claim asserted under state
I
i
I
In support of its motion, the RTC points out that the only
2
!
~o nA
;:ll!'f' 0,821
law, while ehe lssues decided by ~he coure were based upon
federal law. The RTC also poines oue thae ehere is no reason it
should noe have the "benefit" of ies judgmene pending disposition
of the third-party claim. Rather than analyzing the RTC's motion
under Rule 54(b), we find it more appropriaee to review the
issues presented under the statutory authority for the exercise
of jurisdiction over the remaining claims.
Defendants cite as authority for this court's jurisdiction
over their third-party claims 28 U.S.C. 5 1367, the "supplemental
jurisdiction" seatute. ~ Third-parey complaint (record
document no. 10) at 2 ~ 4. Thae statute permits a district court
to exercise jurisdiction over state law claims that are related
to claims over which the district court has original
jurisdiction, the relationship being such that the claims form
part of the same case or controversy under Article III of the
United states Constitution. 28 U.S.C. S 1367(a).
The statute also provides:
The district courts may decline to exercise
supplemental jurisdiction over a claim under subsection (a)
if--
. . .
(3) the district court has dismissed all claims
over which it has original jurisdiction, ...
28 U.S.C. S 1J67(c) (J). A federal court "should ordinarily
decline to exercise supplemental jurisdiction over state law
claims when the federal claims are dismissed." Heller v. CACL
Federal Credit Union, 775 F. supp, 839, B4J (E.D. Pat 1991).
.
..
I'The
I
In this inseance, ~he eneire ace ion is based upon state
la'iII.
only reason the case came before this court ~as the
:.0 :-:.:.
~.,v ': ~:l
I involvemen~ of the RTC. :he RTC no ~onger =elng par~ of the
action, the court sees no reason warr~nting :ur~her exercise of
supplemental jurisdic~ion over the s~a~e law claims, and they
will be dismissed without prejudice.
NOW, THEREFORE, IT IS ORDERED THAT the motion (record
document no. 55 in No. 1:CV-93-041J; record document no. 56 in
No. 1:CV-93-0414) of the Resolution Trust corporation for the
entry of final judgment is granted, as follows:
1. The court declines to exercise supplemental
jurisdiction over the third-party claims based upon state law.
2. The clerk is directed to enter final judgment in favor
of the Resolution Trust Corporation, consistent with our
memorandum and order of September 30, 1994.
J. Defendants' third-party claims are dismissed without
prejudice, pursuant to 28 U.S.C. S 1367(c) (J).
4. The clerk is directed to close the case file.
~~l~'
United States District Judge
,
~
,
"
.:.0 ::A
o::le" l!.i32)
VNITED STATES ~rS7RIC7 COURT
FOR THE
MIDDLE DISTRICT OF ?ENNS'{LVANIA
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:93-cv-00413
Resolution Trust Co. v. Ross
True and correct copies of the attached were mailed by the clerk
to the following:
John MeN. Cramer, Esq.
Reed, smith, Shaw & MCClay
213 Market st., Ninth Floor
P.o. Box 11844
Harrisburq, PA 17108
Mark David Bradshaw, Esq.
One South Market Square Building
213 Market St.
Harrisburg, PA 17101
James J. Kutz, Esq.
Eckert, Seamans, Cherin & Mellott
One South Market Sq. Bldg.
213 Market St., P.O. Box 1248
Harrisburg, PA 17101
Christopher M. Cicconi, Esq.
ECkert, Seamans, Cherin & Mellott
213 Market st.
One South Market Square Bldg.
Harrisburg, PA 17101
John W. Purcell Jr., Esq.
1719 N. Front St.
Harrisburg, PA 17102-2392
!
cc:
.judge ( )
Magistrate Judge ( )
U.S. Marshal ( )
Probation ( )
U.S. Attorney ( )
Atty. for Deft. ( )
Defendant ( )
Warden ( )
Bureau of Prisons ( )
ct Reporter ( )
Ctroom Deputy ( )
Orig-security ( )
Federal Public Defender ( )
Summons Issued ( )
Standard Order 93-5 ( )
Order to Show Cause ( )
Other (
DATE:
~ 1/ c;/ q 5
-
with N/C attached to complt. and served by:
U.S. Marshal () Pltf's Attorney ( )
with Petition attached &
to: US Atty Gen ( )
DA of County ( )
mailed certified mail
PA Atty Gen ( )
Respondents ( )
MARY E. D'ANDREA, Clerk
BY: u,~
De~~; Clerk
Loan Control': 11013439.1
Packa&e I: 205
FIN ,: 1261
RTC Trackinl': 5952001311013439
QUITCLAIM ASSIGNMENT OF JUDGMENT
THIS QUITCLAIM ASSIGNMENT OF JUDGMENT ("Quilclaim Assignment") is made
by the undersigned assignor (the" Assignor") 10 and for the benefit of the fOllowing assignee (the
" Assignee"):
INVESTMENTS BIG 3, L.L.C., a limited liability company
organized under the laws of the State of Arizona
1733 Nonh Kachina
Mesa, Arizona 85203
.
WHEREAS, a Final Judgment (the "Judgment") was entered In the Court of Common
Pleas Cumberland County, Pennsylvania, in Case No. 95-4890 copy of such Judgment is
attached hereto as Exhibit A and incorporated herein, in favor of the Assignor and against the
Judgment Debtors Samuel F. Stewart and Anne W. Slewart,
NOW THEREFORE, the Assignor, for and in consideration ofTen Dollars ($10.00) and
other valuable consideration set fonh in that certain Loan Sale Agreement dated as of May II,
1995, the receipt and sufficiency of which is hereby acknowledged, does hereby SELL,
QUITCLAIM, TRANSFER, ASSIGN AND SET OVER to the Assignee and its assigns all right,
title and interest of the Assignor, if any, in and to the Judgment or any portion thereof, and any
and all sums of money that may be obtained as a result of said Judgment or any proceedings
thereon, without representation or warranty of any kind or nature, solely to the extent that said
Judgment relates to the Loans sold to Assignee under the Loan Sale Agreement (the "Loan(s)").
Assignee shall have the right to collect or receive the monies due under the Judgment,
and any part thereof, or to release or discharge said Judgment, and the Assignee, by accepting
this Quitclaim Assignment, does hereby hold the Assignor harmless from any and all costs
incurred in the collection of the Judgment, solely to the extent thai said Judgment relates to the
Loan(s) sold to Assignee under the Loan Sale Agreement.
By the acceptance of this Quitclaim Assignment, Assignee takes the Judgment "as is"
with all faults. Assignor makes no representations as to any matter relating to the Judgment
including, without limitation, the enforceability or collectibility of such Judgment. To the extent
that the Judgment relates to any Loan(s) not sold to Assignee pursuant to the Loan Sale
Agreement then this Quitclaim Assignment shall be deemed a partial quitclaim assignment only
to the extent of the Loan(s), and Assignor retains all interest in the Judgment as to other loans.
or amounts evidenced thereby.
Ul/I6l6.l.1
.
QUITCLAIM ASSIGNMENT OF JUDGMENT - Page Two
Loan CODltol': 11013439.1
Packa&1 ,: 205
FIN I: 1261
RTC TrackiD&': 5952001311013439
ASSIGNOR:
RESOLUTION TRUST CORPORATION AS
CONSERVATOR FOR HOMESTEAD FEDERAL
SAVINGS ASSOCIATION
By:
By: 1kk~ld"'/'\,_
Tcrr:r.,=, 1'. t,c . ,: , : b'; ..
Attcmci'-In-; . .: I -r :..... - j ,
cl.l1J:d Apr1120. 1..5
. 'I
STATE OF MISSOURI
COUNTY OF JACKSON
)
) ss.
)
The undersigned, a notary public in and for the above-said County and State, does hereby
acknowledge that on the day and year set forth below, personally appeared
as Attorney-in-Fact for Resolution Trust Corporation, solely in its capacity as Conservator of
Homestead Federal Savings Association, as specified above, and being duly sworn by and
personally known to the undersigned to be the person who executed the foregoing instrument on
behalf of said principal, acknowledged to the undersigned that slhe voluntarily executed the same
for the purposes therein stated as the free act and deed of said principal.
WITNESS my hand and official seal, this _ day of
. 1995.
[SEAL]
_" _ __a.___
PATRICIA K. ELLIOTT
NOlalY Public. NOlary Seal
STATE OF MISSOURI
Jackson Counlv
My Commission Expires July 4, 1998
~-~:~ f, ~~
Notary Public for the State of Missouri
02116165,\
RESOLUTION TRUST CORPORATION, : IN THE COURT OF COMMON PLEAS
in its capacity as Conservator: CUMBERLAND COUNTY, PENNSYLVANIA
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
CIVIL ACTION - LAW, 1
NO. q'J ~ S'Li (, C~ C'11..'\.( ,,) VL ')1-
Plaintiff
vs.
SAMUEL F. STEWART and
ANNE W. STEWART, his wife,
Defendants
PRABCJ:PB FOR TRANSFER OF JUDGMENT
TO LAWRENCE E. WELKER, PROTHONOTARY:
Pursuant to 42 Pa.C.S.A. S 4305, please transfer the
judgment entered at Docket No. 1:CV-93-0414 in the United States
District Court for the Middle District of Pennsylvania against
Samuel F. Stewart and Anne W. Stewart, his wife and in favor of
Resolution Trust Corporation, in its capacity as Conservator of
Homestead Federal Savings Association, to cumberland County. A
certified copy of the judgment and all docket entries in the
proceedings of the United States District Court for the Middle
..--,
District of Pennsylvania at Docket No. 1:CV-93-0414 is attiChed
hereto.
-
'.-
"
. ,
--,
:;&:
.~
w.
.1
IN THE ~11I~ED STAT~S OISTR!C~ COURT
FOR THE MIDDLE DISTRIC~ CF PENNS'lLVANIA
RESOLUTION TRUST CORPORATION, :
in its capacity as conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
No. 1:CV-9J-041J
.JUDGE McCLURE
Plaintiff
v.
SAMUEL O. ROSS,
DOROTHY A. ROSS,
Defendants/
Third-Party
Plaintiffs
'I.
)
DENNIS M. 0' HANLAN,
MERRILL BROFEE,
Third-Party
Defendants
RESOLUTION TRUST CORPORATION, :
in its capacity as conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
No. 1:CV-9J-0414 ~/
JUDGE McCLURE
Plaintiff
v.
SAMUEL F. STEWART,
ANNE W. STEWART,
Defendants/
Third-Party
Plaintiffs
fiLleD
WILLIAMSPORT, PA
FEB 1 0 1995
DENNIS M. 0' HANLAN,
MERRILL BROFEE,
Third-Party
Defendants
JUDGMENT :N A erst:. Ct\SE
...
LERK
v. MARY E. 0'
Per
:T :S ORDERED AND AD~~DGED :ha: :~dg~en: be and hereby l3
~n:~:~d in E3'lO: :~ ?esolu:lon :=~s: :J~?~:l:l'Jn, =onSLJ:~nt ~l:~
-
~
this Court's memorandum and order dated September 30, 1994.
,
February 10, 1995
MARY E. D'ANDREA, Clerk of Court
9y
L1. Pm ~~ -r;-,
. Deputy Clerk
It"
-=-~<.--
i
~~:I~ .".: :~.)IWIUil:.. ~ccrc
.Jale -; ! Ik' ':>
,
~lary ~ D', . drea. ~
~er~ ~
'~i 1',~ES9~UTION TRUST CORPORATIC~I, :
, ln its capaclty as conservator:
I of HOMESTEAD FEDERAL SAVINGS :
I ASSOCIATION,
I
I
I
--'
.' .
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRIC~ OF PENNSYLVANIA
,
_f..,,?'
No. 1:CV-9J-041J
.JUDGE McCLURE
"\
.
P laintit f
~
..
<::t
v.
v.
SAMUEL D. ROSS,
DOROTHY A. ROSS,
Defendants/
Third-Party
Plaintiffs
DENNIS M. 0' HANLAN,
MERRILL BROFEE,
Third-Party
Defendants
I-
."':' C"I'
~ ':.I ,.. '
jj:';C:..
r I ..... CJ
....- c;.
RESOLUTION TRUST CORPORATION, :
in its capacity as conservator:
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
No. 1:CV-9J-0414-'/
JUDGE McCLURE
Plaintiff
v.
SAMUEL F. STEWART,
ANNE W. STEWART,
Defendants/
Third-Party
Plaintiffs
filleD
WILLlAMSPORT, PA
FEB 1 0 1995
v.
.:
~:rRY E. ~ND~LERK
.'1.f.y Illk
DENNIS M. 0' HANLAN,
MERRILL BROFEE,
Third-Party
Defendants
M E M 0 RAN D U M
February 10, 1995
BACKGROUND:
On March 22, 199J, plalntlEE the Resolution Trust
1
.10.:':'
~t!'" ": ~::
Corporation initiated these act~ons. ~onsldered toge~her because
of the overlapping legal and factual bases for the suits as well
as the defenses and third-party claims raised, wi~h the filing of
complaints seeking recovery on two promissory notes. One note
was signed by the Rosses, the other by the Stewarts, and both
were executed in favor of Homestead Savings and Loan Association,
a failed banking association taken over by the RTC. The notes
were in the amount of $200,000.00 each.
On September JO, 1994, the cour~ granted the RTC's motion
for summary jUdgment, holding that certain defenses raised by
defendants are invalid against the RTC pursuant to the D'Oench.
DUhme doctrine. ~ D'Oench. DUhme & Co.. Inc. v. FDIC, 315 U.S.
447 (1942); 12 U.S.C. S 1823(e). By the same memorandum and
order, we denied motions for summary judgment filed by defendants
and third-party defendant Merrill Brofee.
Before the court is a motion by the RTC for certification of
the partial jUdgment as a final judgment pursuant to Fed. R. Civ.
P. 54(b). For the reasons and in the manner set forth below,
that motion will be granted. We also note that the case was
inadvertently closed following the entry of jUdgment in favor of
the RTC, despite the remaining third-party claims. The file has
been reopened.
DISCUSSION:
In support of its motion, the RTC points out that the only
remaining claim is the third-party claim asserted under state
2
.0.":.
~l!'1 ~ 1:1
law, while che issues decided by che court were based upon
federal law. The RTC also points out that there is no reason it
should not have the "benefit" of its judgment pending disposition
of the third-party claim. Rather than analyzing tha RTC's motion
under Rule 54(b), we find it more appropriate to review the
issues presented under the statutory authority for the exercise
of jurisdiction over the remaining claims.
Defendants cite as authority for this court's jurisdiction
over their third-party claims 28 U.S.C. S 1367, the "supplemental
jurisdiction" statute. See Third-Party Complaint (record
document no. 10) at 2 ~ 4. That statute permits a district court
to exercise jurisdiction over state law claims that are related
to claims over which the district court has original
jurisdiction, the relationship being such that the claims form
part of the same case or controversy under Article III of the
United States Constitution. 28 U.S.C. S 1367(a).
The statute also provides:
The district courts may decline to exercise
supplemental jurisdiction over a claim under subsection (a)
if--
. . .
(3) the district court has dismissed all claims
over which it has original jurisdiction, ...
28 U.S.C. S 1367(c) (3). A federal court "should ordinarily
decline to exercise supplemental jurisdiction over state law
claims when the federal claims are dismissed." Heller 'I. CACL
Federal Credit Union, 775 F. Supp. 839, 843 (E.D. Pa, :991).
I
I
'i
I
I
i
In this instance, the entire action is based upon state law.
~he only reason the case carne before chis courc was Che
,
.
UNITED STATES DISTRIC~ COURT
FOR THE
MIDDLE DISTRICT OF PENNSVLVANIA
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:93-cv-00413
Resolution Trust Co. v. Ross
True and correct copies of the attached were mailed by the clerk
to the following:
John McN. Cramer, Esq.
Reed, Smith, Shaw & MCClay
213 Market St., Ninth Floor
P.O. Box 11844
Harrisburg, PA 17108
Mark David Bradshaw, Esq.
One South Market Square Building
213 Market St.
Harrisburg, PA 17101
James J. Kutz, Esq.
Eckert, Seamans, Cherin & Mellott,
One South Market Sq. Bldg.
213 Market St., P.O. Box 1248
Harrisburg, PA 17101
Christopher M. Cicconi, Esq.
ECkert, Seamans, Cherin & Mellott
213 Market st.
One South Market Square Bldg.
Harrisburg, PA 17101
John W. Purcell Jr., Esq.
1719 N. Front St.
Harrisburg, PA 17102-2392
\ \
:roceedings include all events.
::93cv414 Resolution Trust v. 3tewart. ~t a1
:'ERMED
HBG
ANNE W. STEWART, his wife
defendant
James J. Kut::
(See above)
[COR LD NTC]
Mark David Bradshaw
(See above)
[COR LD NTC]
Christopher M. Cicconi
(See above)
[COR LD NTC]
........................
SAMUEL F. STEWART
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
ANNE W. STEWART
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 August 30, 1995 3:05 pm
Page 2
?roceedings include all evencs.
l:93c'l41~ Resolution 7r~st ~. Stewart, ec al
7E:RMED
HBG
-------------------------
DENNIS M. O'HANLAN
third-party defendant
MERRILL BROFEE
third-party defendant
John W. purcell, Jr.
[COR LD NTC]
1719 N. Front St.
Harrisburg, PA 17102-2392
717-234-4178
........................
MERRILL BROFEE
counter-claimant
[term 09/17/93]
John W. Purcell, Jr.
[term 09/17/93]
[COR LD NTC]
1719 N. Front St.
Harrisburg, PA 17102-2392
717-234-4178
-------------------------
SAMUEL F. STEWART
counter-defendant
[term 09/17/93]
James J. Kutz
[term 09/17/93]
[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
[term 09/17/93]
[COR LD NTC]
One South Market Square
Building
213 Market St.
Harrisburg, PA 17101
717-237-6000
ANNE W. ':'EWART
cou~cer-defendant
[term 09/17/93]
James J. Kutz
[term 09/17/93]
(See above)
[COR LD NTC]
Mark David Bradshaw
Docket as of August 30, 1995 3:05 pm
Page 3
?rcceeciings include all events.
::93cv414 Resolution Trusc 'I. Stewarc. ~c 31
:'ERMED
HBG
(term 09/17/93)
(See above)
(COR LD NTC)
Docket as of August 30, 1995 3:05 pm
Page 4
:~oceedings include all events.
::33cv414 Resolution T=ust v. Stewart, et al
3/22/93 1
3/22/93
3/23/93 2
3/29/93 3
3/30/93 4
4/8/93 5
4/13/93 6
4/15/93 7
4/27/93 8
5/7 /93 9
5/11/93 10
6/25/93 11
6/25/93 11
6/25/93 :2
7/1/93
13
7E:RMED
HBG
COMPLAINT ~iled. No jury trial demanded. Copy of docket to
J. Rambo &: tjm. (tm) (Entry date 03/23/93]
SUMMONS issued as to defendants wIN &: C. (tm)
(Entry date 03/23/93)
LETTER from court to cnsl. reI case assignment & procedure.
cc: McN. Cramber & Ct. (tm)
ACKNOWLEDGEMENT OF SERVICE of complnt. by Mark D. Bradshaw,
Esq. o/b/o Samuel &: Anne Stewart. (tm)
ORDER br Judge Sylvia H. Rambo Because the undersigned is
persona ly 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 &
Judge Caldwell) (jh)
LETTER from the Ct. to all parties advising of case
assignment &: procedures. (js)
MOTION by defts. to extend time to answer. Conc. 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] Answers due on 4/27/93 for
Anne W. Stewart and Samuel F. Stewart. (cc: Ctl counsel) (js)
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. C/S. (tm) (Entry date 05/12/93]
ANSWER by third-party defendant Merrill Brofee to Third
Party Complaint. C/S. (tm) (Entry date 06/28/93]
COUNTERCLAIM by third-party defendant Merrill Brofee
against defendants Samuel F. Stewart &: Anne W. Stewart.
CIS. (tm) (Entry date 06/28/93]
ENTRY OF ATTORNEY APPEARANCE of John Purcell, Esq. for
third-party defendant Merrill Brofee. CIS. (tm)
(Entry date 06/28/93]
MINUTE SHEET of scheduling conf. held on 6/30/93 (tm)
(Edit date 07/01/93]
Docket as of August 30, 1995 3:05 pm
Page 5
TERMED
~roceedings include all e'lents.
::93cv414 Resolution Trust 'I. Stewart, et al
7/1/93
14
7/1/93 15
7/16/93 16
7/l6/93 17
9/2/93 18
9/3/93 19
9/17/93 20
10/27/93 21
10/28/93 22
11/3/93 23
11/3/93 24
11/3/93 25
11/3/93 26
11/3/93 27
HBG
ORDER by Judge William W. Caldwell Disc. shall be completed
by 9/30/93; mtns. for joinder due by 7/6/93; pretrial mtns.
shall be filed by 9/30/93 (cc: all cnsl & Ct.) (tm)
[Edit date 07/01/93)
JURY TRIAL DEMAND by dfts. & 3rd pty. plntfs. CIS. (tml
MINUTE. SHEET - of telephone conference held on 7/15/93. (jhl
[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 defendants Samuel F. Stewart and Anne W. Stewart
to extend discovery through and including 10/31/93 with
cert of cone 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]
PRAECIPE: by third-party defendant Merrill Brofee to
withdraw their counterclaim, without prejudice. (c/s) (js)
UNOPPOSED MOTION by third-party defendant Merrill Brofee
to extend discovery until 11/30/93. (c/s) Propo. (js)
[Entry'date 10/28/93]
ORDER- by Judge William W. Caldwell: granting motion to
extend.[21-1] Discovery & dispos. mtns. ddls. extended to
11/30/93 (cc: Ct; all counsel) (js) [Entry date 11/01/93]
MOTION by pltf for sum/jgm. w/ Non-conc. attached. (c/s) (js)
[Entry date 11/0e/93]
BRIEF/SUPPORT-by pltf. to its motion for sum/jgm. [23-1]c/s
(js) [Entry date ll/0e/93]
STATEMENT OF FACTS by pltf. in support of mtn for sum/jgm.
[23-1] (c/s) (js) [Entry date 11/0e/93)
DECLARATION of Ann K. Walker submitted by pltf. in re mtn.
for sum/jgm. [23-1) (js) [Entry date 11/0e/93)
DECLARATION- of David H. Martin submitted by pltf. in re:
motion for sum/jgm. [23-1) (jsl [Entry date 11/0e/93)
Docke~ as of August 30, 1995 3:05 pm
Page 6
?roceedings :nclude all e'lents.
1:93cv414 Resolution Trust v. Stewarc, ~t al
11/3/93 28
11/17/93 29
11/17/93 30
11/30/93 31
11/30/93 32
11/30/93 33
11/30/93 34
11/30/93 35
11/30/93 36
11/30/93 37
11/30/93 38
11/30/93 39
12/7/93 40
:'ERMED
HBG
APPENDIX OF SUPPORTING DOCUMENTS-submitted by pltf. to its
mtn. for sum/jgm. (js) (Entry date 11/08/93]
STIPULATION and ORDER by Judge William W. Caldwell: that
dfts. may fie their brief in oppo. to plntf's mtn. for s/j
on or before 11/30/93 (cc: all counsel &: Ct.) (tm)
(Entry date 11/19/93]
STIPULATION between cnsl. that dfts. ans. to the cmplnt.
shall be deemed to include a 9th affirmative defense,
reading as follows: Plntf's claims are unenforceable as
against dfts. due to "fraud &: the factum". (tm)
(Entry date 11/19/93]
MOTION by third-party defendant Merrill Brofee for summary
judgment against 3rd pty. pltfs. Samuel &: Anne Stewart.
Non-conc. noted. (c/s) propo. (js) (Entry date 12/02/93]
DECLARATION by Merrill Brofee supporting his motion for
summary judgment (31-1] (js) (Entry date 12/02/93]
STATEMENT OF FACTS by third-party defendant Brofee in
support of his motion for summary judgment (31-1] (js)
(Entry date 12/02/93]
RESPONSES by defts. Samuel F. Stewart and Anne W. Stewart
to pltf's statement of alleged undisputed facts. (js)
(Entry date 12/02/93]
BRIEF/OPPO. by defts. Samuel &: Anne Stewart to pltf's
motion for sum/jgm. (23-1] ;reply brief due 12/13/93 (js)
(Entry date 12/02/93]
CROSS MOTION by defts. Samuel F. Stewart and Anne W.
Stewart for summary judgment against pltf. (c/s) (js)
(Entry date 12/02/931
STATEMENT OF FACTS by defts Samuel &: Anne Stewart in
support of their cross motion for summary judgment (36-1]
(js) (Entry date 12/02/93]
BRIEF/SUPPORT- by defts. Samuel &: Anne Stewart to their
cross motion for summary judgment (36-1] (c/s) (js)
(Entry date 12/02/93]
EXHIBITS (APPENDIX) of defts. Samuel &: Anne Stewart in
support of their cross mtn. for sum/jgm. &: in opposition to
pltf's mtn. for sum/jgm. (js) (Entry date 12/02/93]
BRIEF/SUPPORT- by 3rd pty deft Merrill Brofee to his mtn.
for sum/jgm. (31-1] (js) (Entry date 12/08/93]
Docket as of August 30. 1995 3:05 pm
Page 7
?roceedings include all evencs.
1:93cv414 Resolution Trusc v. Stewarc, ec al
12/7/93 41
12/7/93 42
12/8/93 43
12/8/93 43
12/8/93 44
12/9/93 45
12/14/93 46
12/15/93 47
12/15/93 48
12/15/93 49
12/22/93 50
12/22/93 51
12/29/93 52
1/4/94
53
7ERMED
HBG
MOTION by defts. Samuel F. Stewart & Anne W. Stewart to
strike deft. brofee's mtn. for sum/jgm. ~on-conc. (c/s)
propo. (js) [Entry date 12/08/93]
MEMO/SUPPORT-by defts. Samuel & Anne Stewart to their mtn.
to strike deft. Brofee's mtn. for sum/jgm. [41-1] (js)
[Entry date 12/08/93]
RESPONSE by third-party defendant Merrill Brofee to dfts.
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.
[43-1]. CIS. (tm) [Entry date 12/09/93]
ORDER by Judge William W. Caldwell denying motion to strike
deft. brofee's mtn. for sum/jgm. The brief is considered to
be timely filed. [41-1] (cc: all counsel & Ct.) (tm)
[Entry date 12/10/93]
Reply brief by plaintiff in support of motion for sum/jgm.
[23-1] CIS (eg) [Entry date 12/16/93]
Supplemental Declaration of David H. Martin, Asset Mgr of
Homestead Federal Savings. re [27-1] (cg)
[Entry date 12/16/93]
Response by plaintiff to statement of undisputed facts
filed by defendants Stewart. CIS (cg) [Entry date 12/16/93]
Brief by plaintiff in opposition to defendants' motion for
summary judgment [36-1] CIS (cg) [Entry date 12/16/93]
RESPONSE by third-party plaintiffs to add'l dft. Brofee's
statement of material facts. ciS. (tm) [Entry date 12/23/93]
BRIEP by third-party plaintiff in opposition to motion for
summary judgment [31-1] ; ciS. (tm) [Entry date 12/23/93]
REPLY BRIEF by defts. Samuel F. and Anne W. Stewart in
support of motion for summary judgment [36-1] (js)
[Entry date 12/30/93]
REPLY BRIEF by third-party defendant Merrill Brofee in
support of motion for summary judgment [31-1] CIS. (tm)
[Entry date 01/05/94)
Docket as of August 30, 1995 3:05 pm
Page 8
?roceedings include all events.
::93cv414 Resolution Trust '/. .5tewarc. ~t ;;1
3/4/94 54
9/30/94 55
10/12/94 56
10/12/94 57
10/14/94
10/19/94
10/27/94 58
10/28/94
11/1/94
11/2/94
11/14/94
2/10/95 59
2/10/95 60
2/13/95 --'
:'ERMED
HBO
ORDER by Judge William W. Caldwell The undersigned recuses
himself from further parciciaption 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) (jhl
MEMORANDUM AND ORDER by Judge James F. McClure Jr.: denying
dfts motion for summary jgmt [36-1); denying third party
dfts motion for summary jgmt [31-1); granting pltf's motion
for sum/jgm [23-1); jgmt is hereby entered in favor of pltf
Resolution Trust Corp and against ddfts Samuel F. Stewart
and Anne W. Stewart in the amount of $264,708.45 plus
interest accruing from September 1, 1993 at the rate of
$41.66 per day to the date of entry of jgmt; Case
terminated (cc: all counsel) (lg)
MOTION by pltf for entry of final judgment per FRCP
54 (b). Non-conc. (c/s) propo. (js) [Entry date 10/14/94)
BRIEF/SUPPORT- by pltf. to its mtn. for entry of final jgm
per FRCP 54 (b) [56-1) (c/s) (jsl [Entry date 10/14/94)
REMARK- Docus. 56 & 57 to Wmspt. from Hbg. (js)
Remark: closed file (docs 1-55 inclusive) to SCR (lg)
BRIEF/OPPO. br defts. Samuel F. Stewart and Anne W. Stewart
to pltf's mot on for entry of final judgment per FRCP 54(b)
[56-1); Exhibits. (c/s) Reply brief due 11/9/94 (jsl
[Entry date 10/28/94)
REMARK- Docu. #58 to Wmspt. from Hbg. (js)
REMARK - Document 58 sent to Scranton. (jhl
Remark Docs #57 & 58 to Basement (jwl
Case file to WMSPT. (epl
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
favoar of Resolution Trust CoRP. CONSISTENT W/MEMO AND
ORDER OF 9/30/94. Dfts 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 favaor oafa
AResolution Trust Corp. consistent with Court's memo and
order of 9/30/95. Case terminated (cc: all counsell (bp)
[Entry date 02/13/95)
Remark - security copy and case file to S.C.O. from Wmpt (bp)
Docket as c: August 30, :995 3:05 pm
Page 9
.
?roceedin;s include all events.
::93cv414 Resolution Trust 'l. 3tewart, et .ll
:'ERMED
HBG
7/31/95
Case file in Files-R-Us. (ep)
Docket as of August 30, 1995 3:05 pm
Page 10
CERTIPICATE OP SERVICE
I hereby certify that ! have this 12th day of September,
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:
Samuel F. and Anne W. Stewart
35 Alters Road
Carlisle, PA 17013
q;J ;yi,
Dino K: Ross
-3-
-
"
CERTIFJ:CATE OP SERVICE
I hereby certify that I have this 16th day of November,
1995, served a true and correct copy of the foregoing Praecipe to
Record Quitclaim Assignment of Judgments by first class U.S. mail,
postage prepaid, to the following:
James D. Flower, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
", /
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Dino A. Ross
-2-
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RESOLUTION TRUST CORPORATION, : IN THE COURT OF COMMON PLEAS
in its capacity as Conservator: CUMBERLAND COUNTY, PENNSYLVANIA
of HOMESTEAD FEDERAL SAVINGS
ASSOCIATION,
Plaintiff CIVIL ACTION - LAW
NO. 95-1057 CIVIL TERM
vs.
SAMUEL F. STEWART and
ANNE W. STEWART, his wife,
Defendants
PRABCJ:PB TO SATISFY JUDGMENT
Please mark the judgment entered in the above-referenced
action in favor of Resolution Trust Corporation, in its capacity
as Conservator of Homestead Federal Savings Association and
against Samuel F. Stewart and Anne W. Stewart, his wife, in the
amount of $285,413.47 ($264,708.45 plus interest accruing from
September 1, 1993 at the rate of $41.66 per day to
February 10, 1995, the date of entry of final judgment) and
assigned to Investments Big 3, LLC, satisfied.
~~b
Dino A. Ross
Attorney I.D. No. 47466
REED SMITH SHAW & McCLAY
213 Market Street
P.O. Box 11844
Harrisburg, Pennsylvania 17108
(717) 234-5988
Attorneys for Investments Big 3,
LLC, as assignee of Resolution Trust
Corporation, in its capacity as
Conservator of Homestead Federal
Savings Association