Bank of New York as Trustee v. Bates et al

Plaintiff: Bank of New York as Trustee
Defendant: Amy J. Bates and Richard Bates
Case Number: 3:2013cv00690
Filed: March 14, 2013
Court: Pennsylvania Middle District Court
Office: Scranton Office
County: Lackawanna
Presiding Judge: Malachy E Mannion
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 28, 2014 26 Opinion or Order of the Court MEMORANDUM (Order to follow as separate docket entry) re 14 MOTION to Dismiss amended Complaint filed by Richard Bates, Amy J. Bates Signed by Honorable Malachy E Mannion on 3/28/14. (bs)
March 28, 2014 27 Opinion or Order of the Court ORDER (memorandum filed previously as separate docket entry) that the deft's motion to dismiss the plaintiff's amended complaint is DENIED.Signed by Honorable Malachy E Mannion on 3/28/14. (bs)
March 30, 2015 50 Opinion or Order of the Court MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 3/30/15. (bs)
March 30, 2015 51 Opinion or Order of the Court ORDER (memorandum filed previously as separate docket entry) 1.The plaintiffs motion for partial summary, (Doc. 41), is GRANTED with respect to the breach of contract claim, Count I of the amended complaint, (Doc. 11), and the reformation by mutual m istake claim, Count II.2.The defendants motion for partial summary judgment (Doc. 38), is DENIED with respect to the reformation by mutual mistake claim, Count II, and is GRANTED with respect to the unilateral mistake claim, Count III.3.Judgment is e ntered in favor of plaintiff and against defendant Amy J. Bates on plaintiffs claim in Count I of the amended complaint for breach of the Franklin Note.4.Judgment is entered in favor plaintiff and against defendants Amy J. Bates and Richard Bates on Count II of the amended complaint for reformation by mutual mistake. The Franklin Mortgage, which is attached to this Order as Exhibit 1, is hereby reformed so that the legal description attached to the Mortgage is deleted in its entirety and replace d with the legal description attached to this Order as Exhibit 2, which legal description describes the real property located at 1712 Forest Acres Drive, Clarks Summit, Pennsylvania,18411, that is defined as the Residential Property in the plaintiffs motion and supporting brief. Plaintiff is authorized to have the Mortgage, as reformed, indexed under the Residential Property.5.Judgment is entered in favor defendants Amy J. Bates and Richard Bates and against plaintiff on Count III of the amended complaint for reformation by unilateral mistake.6.If counsel are unable to agree on damages, a hearing will take place on Monday, May 4, 2015 at 10:00 a.m., in Courtroom #3 of the William J. Nealon U.S. Courthouse, Scranton, PA. Counsel are to attem pt to work out damages, or as many issues as possible related to damages, before that date. Counsel for the plaintiff shall submit its brief and exhibits in support of damages, on or before April 17, 2014. Defendant shall file its brief in response, on or before April 24, 2015.Signed by Honorable Malachy E Mannion on 3/30/15. (Attachments: # 1 Exhibit(s))(bs)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Bank of New York as Trustee v. Bates et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bank of New York as Trustee
Represented By: Shelia C. Branyan
Represented By: Kevin C. Rakowski
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Amy J. Bates
Represented By: Tullio DeLuca
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Richard Bates
Represented By: Tullio DeLuca
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.