OFFICIAL COMMITTEE OF UNSECURED CREDITORS,etc. v. BALDWIN, et.al.
Filing
546
JURY VERDICT FORM (2/13/2013). This version supersedes all others and reflects the 534 Court's rulings on the Parties' objections to the previously filed version. Signed by Judge Arthur J. Schwab on 2/13/2013. (lcb)
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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA
OFFICIAL COMMITTEE OF UNSECURED
CREDITORS, on behalf of the estate of
LEMINGTON HOME FOR THE AGED,
Plaintiff,
v.
ARTHUR BALDWIN, et al.
Defendants.
)
)
)
) Civil Action No.: 10-800
)
) The Honorable Arthur J. Schwab
)
)
)
)
)
VERDICT FORM (AS OF 2/13/13)
Plaintiff’s Claims against Defendants
1.
Count I -Breach of Fiduciary Duty of Loyalty
A.
Do you find that the Plaintiff has proven, by a preponderance of the evidence, that
the Directors identified below breached their fiduciary duty of loyalty?
YES
Directors
Arthur Baldwin
Jerome Bollock
Angela Ford
Joann Andiorio
JW Wallace
Twyla Johnson
Nicole Gaines
William Thompkins
Roy Penner
1
NO
Leonard R. Duncan
Renee Frazier
Claudia Allen a/k/a Claudia Hussein
Reverend Eugene Downing
George Calloway
B.J. Leber
Reverend Ronald Peters
Continue to answer Question 1(B).
B.
Do you find that the Plaintiff has proven, by a preponderance of the evidence, that
the Officers identified below breached their fiduciary duty of loyalty?
YES
Officers
NO
Mel Causey
James Shealey
Continue to answer Question 2-Count II: Breach of Fiduciary Duty of Care.
2
2.
Count II -Breach of Fiduciary Duty of Care
A.
Do you find that the Plaintiff has proven, by a preponderance of the evidence, that
the Directors identified below breached their fiduciary duty of care?
YES
Directors
Arthur Baldwin
Jerome Bollock
Angela Ford
Joann Andiorio
JW Wallace
Twyla Johnson
Nicole Gaines
William Thompkins
Roy Penner
Leonard R. Duncan
Renee Frazier
Claudia Allen a/k/a Claudia Hussein
Reverend Eugene Downing
George Calloway
B.J. Leber
Reverend Ronald Peters
Continue to answer Question 2(B).
3
NO
B.
Do you find that the Plaintiff has proven, by a preponderance of the evidence, that
the Officers identified below breached their fiduciary duty of care?
YES
Officers
NO
Mel Causey
James Shealey
Continue to answer Question 3-Count III: Deepening Insolvency.
3.
Count III-Deepening Insolvency
A.
Do you find that the Plaintiff has proven, by a preponderance of the evidence, that
the actions of the Directors identified below were fraudulent and resulted in the
deepening insolvency of the Lemington Home for the Aged?
YES
Directors
Arthur Baldwin
Jerome Bollock
Angela Ford
Joann Andiorio
JW Wallace
Twyla Johnson
Nicole Gaines
William Thompkins
Roy Penner
Leonard R. Duncan
4
NO
Renee Frazier
Claudia Allen a/k/a Claudia Hussein
Reverend Eugene Downing
George Calloway
B.J. Leber
Reverend Ronald Peters
B.
Do you find that the Plaintiff has proven, by a preponderance of the evidence, that
the actions of the Officers identified below were fraudulent and resulted in the
deepening insolvency of the Lemington Home for the Aged?
YES
Officers
NO
Mel Causey
James Shealey
If you answered “NO” as to EVERY individual in Questions 1, 2, and 3, you have
completed your verdict form. Please DO NOT answer any further questions. Please sign the
verdict form at the end of this document and inform the Bailiff that you have reached a verdict.
If you answered “YES” as to ANY individual in Questions 1, 2 or 3, please continue to
Question 4.
5
Defense
4.
In Pari Delicto
A.
Do you find, that the Defendant Directors identified below have proven, by a
preponderance of the evidence, the defense of in pari delicto (“parties are equally at
fault”)?
YES
Directors
Arthur Baldwin
Jerome Bollock
Angela Ford
Joann Andiorio
JW Wallace
Twyla Johnson
Nicole Gaines
William Thompkins
Roy Penner
Leonard R. Duncan
Renee Frazier
Claudia Allen a/k/a Claudia Hussein
Reverend Eugene Downing
George Calloway
B.J. Leber
Reverend Ronald Peters
6
NO
B.
Do you find, that the Defendant Officers identified below have proven, by a
preponderance of the evidence, the defense of in pari delicto (“parties are equally
at fault”)?
YES
Officers
NO
Mel Causey
James Shealey
If you answered “YES” to EVERY part of Question 4(A) and (B), Plaintiff cannot
recover against any Defendant in this matter.
Please DO NOT answer any further questions. Please sign the verdict form at the end of
this document and inform the Bailiff that you have a verdict.
If you answered “NO” to ANY part of Question 4, please continue to Question 5.
7
Damages
5.
Compensatory and Punitive Damages
A.
Compensatory Damages
What is the amount of compensatory damages awarded to Plaintiff?
$_______________________________
B.
Punitive Damages
What is the amount of punitive damages awarded to Plaintiff, as to each
individual Director and Officer?
Directors
$, if any
Arthur Baldwin
Jerome Bollock
Angela Ford
Joann Andiorio
JW Wallace
Twyla Johnson
Nicole Gaines
William Thompkins
Roy Penner
Leonard R. Duncan
Renee Frazier
Claudia Allen a/k/a Claudia Hussein
Reverend Eugene Downing
8
George Calloway
B.J. Leber
Reverend Ronald Peters
Officers
$, if any
Mel Causey
James Shealey
You have completed the verdict form. Please sign and date this form and notify the Bailiff that
you have reached a verdict.
Unanimously agreed to this ______ day of ___________, 2013, by we, the undersigned jurors.
______________________________, Foreperson
______________________________
______________________________
______________________________
______________________________
______________________________
_____________________________
______________________________
9
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