Lester, et al v. Percudani, et al

Filing 534

ORDER granting motion for stay pending appeal 528 , staying Para 3 of ct's order 393 of 12/8/11 directing defts to tender $300K to pltfs' cnsl in acc w/ terms of parties's settlement agreement, & directing Clrk of Ct to invest $301,750 posted as bond into interest-bearing acct consistent w/ mandates of FRCP 67 & LR 67.1 as soon as practicable... (See order for complete details.) Signed by Honorable Christopher C. Conner on 02/21/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EDDIE and SHARON LESTER, et al.,
Plaintiffs

: CIVIL ACTION NO. 3:01-CV-1182
:
: (Judge Conner)
v.
:
:
GENE PERCUDANI, et al.,
:
Defendants
:
-------------------------------------------------------PABLO ACRE, et al.,
Plaintiff
v.
CHASE MANHATTAN
MORTGAGE CORP., et al.,
Defendants

:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:04-CV-0832
(Judge Conner)

ORDER
AND NOW, this 21st day of February, 2012, upon consideration of the motion
for stay pending appeal (No. 3:01-CV-1182 Doc. 528; No. 1:04-CV-0832, Doc. 395),
filed by defendants Gene Percudani, Chapel Creek Homes, Inc., Chapel Creek
Mortgage Banker, Inc., Homes by Vintage, Inc, Raintree Homes, Inc., and Y-Rent,
Inc., and upon further consideration of the Order of the court (Doc. 399)
conditionally granting the motion, effective upon the posting of an appropriate
supersedeas bond, and it appearing that defendants posted a bond with the court in
the amount of $301,750.00 on February 2, 2012 (see No. 1:04-CV-0832, Doc. 400), it is
hereby ORDERED that:

1.

The motion for stay pending appeal (No. 3:01-CV-1182 Doc. 528; No.
1:04-CV-0832, Doc. 395) is GRANTED.

2.

Paragraph 3 of the court’s Order of December 8, 2011, (Doc. 393)
directing defendants to tender $300,000 to plaintiffs’ counsel in
accordance with the terms of the parties’ settlement agreement is
STAYED.

3.

The Clerk of Court is directed, as soon as practicable, to invest the
$301,750.00 posted as a bond into an interest-bearing account
consistent with the mandates of Federal Rule of Civil Procedure 67
and Local Rule 67.1. The monies shall remain in said interest-bearing
account until the appeal of the above-captioned matter is complete, or
until order of the court directing release of the funds, whichever
occurs first.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge