| Case ID: | U492-09-228 | |
| Docket Start Date: | ||
| Docket Ending Date: |
| Case ID: | U492-09-228 - DAVID J. FERRY, JR. VS DONALD R. FENIMORE, SR | |
| Filing Date: | Wednesday, September 23rd, 1992 | |
| Type: | 4A - DEBT | |
| Status: | CLOSED - CLOSED |
| Seq # | Assoc | Party End Date | Type | ID | Name |
|---|---|---|---|---|---|
| 1 | 6 | DEFENDANT | @1091216 | MCGINNIS,, FRANK P | |
| Address: | unavailable | Aliases: | none | ||
| 2 | 6 | DEFENDANT | @1091217 | VILLABONA, J. DAVID | |
| Address: | unavailable | Aliases: | none | ||
| 3 | 7 | PLAINTIFF | @1091214 | FERRY, JR., DAVID J | |
| Address: | unavailable | Aliases: | none | ||
| 4 | 8 | DEFENDANT | @1091218 | STATE OF DELAWARE | |
| Address: | unavailable | Aliases: | none | ||
| 5 | DEFENDANT | @1091215 | FENIMORE, SR., DONALD R | ||
| Address: | unavailable | Aliases: | none | ||
| 6 | 1,2 | ATTORNEY FOR DEFENDANT | 000031 | SCHWARTZ, STEVEN | |
| Address: | SCHWARTZ & SCHWARTZ
1140 S. STATE STREET P.O. BOX 541 DOVER DE 19903 |
Aliases: | none | ||
| 7 | 3 | ATTORNEY FOR PLAINTIFF | 002149 | FERRY JR., DAVID J | |
| Address: | FERRY JOSEPH & PEACE P.A.
824 MARKET STREET, STE. 1000 P.O. BOX 1351 WILMINGTON DE 19899 |
Aliases: | none | ||
| 8 | 4 | ATTORNEY FOR DEFENDANT | 003135 | SCOTT JR, CALVIN L | |
| Address: | SUPERIOR COURT
NEW CASTLE COUNTY COURTHOUSE 500 N. KING STREET WILMINGTON DE 19801 |
Aliases: | none | ||
| Filing Date | Description | Name | Monetary |
|---|---|---|---|
| 23-SEP-1992 12:00 AM |
CAPTION CONVERSION ONLY | ||
| Entry: | DAVID J. FERRY, JR. ADMINISTRATOR OF THE ESTATE OF ANNIE F. FENIMORE -- VS -- DONALD R. FENIMORE, SR. FRANK P. MCGINNIS, J. DAVID VILLABONA_AND STATE OF DELAWARE | ||
| 23-SEP-1992 09:27 AM |
INITIAL COMP & PRAECIPE FILED | ||
| Entry: | INITIAL COMPLAINT IN INTERPLEADER & PRAECIPE FILED ON 09/23/92 ANH | ||
| 24-SEP-1992 09:34 AM |
SUMMONS ISSUED | ||
| Entry: | SUMMONS ( ) ISSUED FOR SERVICE AS TO DONALD R. FENIMORE, SR. BY_KTC-SHF | ||
| 24-SEP-1992 09:34 AM |
SUMMONS ISSUED | ||
| Entry: | SUMMONS ( ) ISSUED FOR SERVICE AS TO FRANK P. MCGINNIS, BY_KTC-SHF | ||
| 24-SEP-1992 09:34 AM |
SUMMONS ISSUED | ||
| Entry: | SUMMONS ( ) ISSUED FOR SERVICE AS TO J. DAVID VILLABONA BY_KTC-SHF | ||
| 24-SEP-1992 09:35 AM |
SUMMONS ISSUED | ||
| Entry: | SUMMONS ( ) ISSUED FOR SERVICE AS TO STATE OF DELAWARE BY NCC-SHF | ||
| 01-OCT-1992 11:01 AM |
SERVICE TO OTHER RETURNED | ||
| Entry: | SERVICE MADE AS TO STATE OF DELAWARE BY LEAVING COPIES OF THE SUMMONS WITH MIKE FOSTER, AG, THEN EMPLOYED ON 9/30/92. | ||
| 14-OCT-1992 10:14 AM |
ANSWER FILED | ||
| Entry: | ANSWER TO COMPLAINT FILED BY STEVEN SCHWARTZ, ESQ FOR FRANK P. MCGINNIS & DAVID VILLABONA TO COMPLAINT FOR INTERPLEADER | ||
| 02-NOV-1992 11:03 AM |
WRIT RETURNED NON EST | ||
| Entry: | WRIT OF (COMPLAINT ) SUMMONS RETURNED NON EST FOR DONALD R. FENIMORE, SR. AS OF_10/28/92 | ||
| 02-NOV-1992 11:04 AM |
SERVICE TO OTHER RETURNED | ||
| Entry: | SERVICE MADE AS TO FRANK P. MCGINNIS, BY LEAVING (COMPL ) SUMMONS WITH_STEVEN SCHWARTZ,ESQ ON_10/07/92 | ||
| 02-NOV-1992 11:05 AM |
SERVICE TO OTHER RETURNED | ||
| Entry: | SERVICE MADE AS TO J. DAVID VILLABONA BY LEAVING (COMPL ) SUMMONS WITH_STEVEN SCHWARTZ ON_10/07/92 | ||
| 03-DEC-1992 09:01 AM |
ANSWER FILED | ||
| Entry: | ANSWER TO COMPLAINT FILED BY DONALD E. GREGORY, ESQ ON BEHALF OF STATE OF DELAWARE | ||
| 23-JUN-1993 09:23 AM |
NOTICE OF SERVICE | ||
| Entry: | NOTICE OF SERVICE FILED FOR , REQUEST TO ALL PARTIES BY DEFENDANTS , FOR ADMISSIONS | ||
| 25-JUN-1993 04:15 PM |
EVENT HELD | ||
| Entry: | PRETRIAL CONFERENCE SCHEDULED FOR 06/25/93 PRE-TRIAL HELD BY TELECONFERENCE, NO TRIAL DATE GIVEN. MOTIONS, AFFIDA. AND SCHEDULE TO BE PRE- PARED. C-7/25/93 | ||
| 06-JUL-1993 04:36 PM |
NOTICE OF SERVICE | ||
| Entry: | NOTICE OF SERVICE FILED FOR, CERTIFIES THAT TWO COPIES OF RESPONSE OF THE PLAINTIFF TO DEFENDANT AND REQUEST FOR ADMISSION WERE SERVED. | ||
| 30-JUL-1993 12:19 PM |
CASE NOTE | ||
| Entry: | MOTION FOR SUMMARY JUDGMENT FILED PURSUANT TO AN UNDER- STANDING THAT WAS MADE A PRETRIAL BEFORE JUDGE DISABA- TINO. IN ADDITION, A STIPULATED BRIEFING SCHEDULE AND A STIPULATION OF UNDISPUTED FACTS WILL BE FILED UNDER SEPARATE COVER. | ||
| 17-AUG-1993 12:11 PM |
STIPULATION FILED | ||
| Entry: | STIPULATION OF UNDISPUTED FACTS FILED BY THE DEFENDANTS AND STATE OF DELAWARE | ||
| 19-AUG-1993 12:09 PM |
BRIEF SCHEDULE | ||
| Entry: | BRIEF SCHEDULE FILED AS FOLLOWS: OPENING BRIEF TO BE FILED BY DEFENDANTS 8/17/93. ANSWER TO BRIEF TO BE FIELD BY THE STATE OF DELAWARE ON OR BEFORE SEPT 7, 1993. REPLY BRIEF TO BE FILED BY DEFENDANT ON OR BEFORE SEPT 14, 1993. IT IS SO ORDERED AUGUST 12, 1993. | ||
| 26-AUG-1993 10:26 AM |
BRIEF SCHEDULE | ||
| Entry: | AMENDED BRIEFING SCHEDULE AS FOLLOWS: OPENING BRIEF TO BE FILED BY DEFENDANTS FRANK AND J. DAVID, MOTION ON OR BEFORE AUG 27, 1993. 2. ANSWER TO BRIEF- TO BE FILED BY THE STATE OF DELAWARE ON OR BEFORE SEPTEMBER 17, 1993. 3. REPLY BRIEF - TO BE FILED BY DEFENDANTS, FRANK P. MCGINNIS AND J. DAVID VILLABONA ON OR BEFORE SEPT 24, 1993, IT IS SO ORDERED AUGUST 27, 1993 s/ JUDGE DISABATINO | ||
| 30-AUG-1993 10:47 AM |
OPENING BRIEF FILED | ||
| Entry: | OPENING BRIEF FILED, OF DEFENDANTS, VILLABONA AND MCGINNIS | ||
| 17-SEP-1993 12:05 PM |
ANSWERING BRIEF FILED | ||
| Entry: | ANSWERING BRIEF FILED BY ATTORNEY FOR DEFT.,STATE OF DELAWARE. | ||
| 23-SEP-1993 11:43 AM |
REPLY BRIEF FILED | ||
| Entry: | REPLY BRIEF FILED BY DEFENDANT STATE OF DELAWARE | ||
| 24-SEP-1993 02:49 PM |
REPLY BRIEF FILED | ||
| Entry: | REPLY BRIEF FILED BY ATTORNEY FOR DEFTS. VILLABONA AND MCGINNIS | ||
| 25-OCT-1993 12:24 PM |
READY FOR TRIAL FILED | ||
| Entry: | CASE SCHEDULED FOR ORAL ARGUMENT ON NOVEMBER 9, 1993, TUESDAY AT 9:00 A.M. IN KENT COUNTY BEFORE JUDGE TRADER | ||
| 09-NOV-1993 11:51 AM |
EVENT HELD | ||
| Entry: | MOTION HEARING SCHEDULED FOR 11/09/93 KENT COUNTY. ORAL ARGUMENT; DECISION RESERVED. JUDGE TRADER HAS FILE. | ||
| 01-DEC-1993 04:09 PM |
OPINION BY JUDGE | ||
| Entry: | OPINION ON - ORAL ARGUMENT BEFORE JUDGE TRADER ON STATE OF DELAWARE MOTION FOR SUMMARY JUDGMENT. IN ACCORDANCE WITH THIS DECISION, JUDGMENT IS ENTERED IN BEHALF OF FRANK P. MCGINNIS AND J. DAVID VILLABONA AND AGAINST THE STATE OF DELAWARE FOR THE FUNDS DEPOSTITED WITH THE COURT BY DAVID J. FERRY, JR., ADMINISTRATOR OF THE ESTATE OF ANNIE F. FENIMORE. IT IS FURTHER ORDERED THAT THE LIEN OF MCGINNIS AND VILLA- BONA AGAINST THE REAL PROPERTY OF DONALD R. FENIMORE,SR IN NEW CASTLE COUNTY HAS PRIORITY OVER ANY CLAIM OF THE STATE OF DELAWARE. THE STATE OF DELAWARE'S MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS SO ORDERED S/MERRILL C. TRADER, JUDGE | ||
| 18-JAN-1994 11:18 AM |
LETTER RECEIVED | ||
| Entry: | COPY OF LETTER, FROM STEVEN SCHWARTS, ESQ, THIS IS TO ADVISE THE COURT, I HAVE RECEIVED FROM THE PLAINTIFF, DAVID J. FERRY, JR., ESQ., PAYMENT OF $1,459.17 REPRE- SENTING THE SUBJECT OF HIS INTERPLEADER ACTION. I EX- PECT THEREFORE THAT THE CASE FILE CAN NOW BE CLOSED. (treated as satisfaction from plaintiffs attorney) | ||
| 28-APR-1994 03:34 PM |
CASE CLOSED | ||
| Entry: | FILE CLOSED IN THIS COURT AND PUT IN BOX dated 1/31/94 , NO.1 | ||