THE BALTIMORE LIFE INSURANCE COMPANY v. ZUCCARINI et al
| THE BALTIMORE LIFE INSURANCE COMPANY |
| LINDA ZUCCARINI, STEVEN BANEY, THE ESTATE OF LEE R. ZUCCARINI, SR. and PAMELA J. ZUCCARINI |
| 2:2022cv00878 |
| June 14, 2022 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Christy Criswell Wiegand |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.
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Filing 15
ORDER re #5 Motion to Appoint Custodian Administrator Ad Litem and Order to Show Cause. Interpleader-Plaintiff states that "[i]n the event that the Widow [Linda] Zuccarini is unwilling or unable to [open an estate for Mr. Zuccarini and to act as its representative], this Court should appoint an administrator ad litem to represent the Estate and its interests." To date, although LINDA ZUCCARINI and all other interpleader defendants appear to have been served, see ECF No. 9-11, no defendant has entered an appearance (pro se or through counsel) in this case. And, although Interpleader-Plaintiff cites the appropriate Pennsylvania statute regarding the hierarchy of individuals capable of receiving letters testamentary or letters of administration, see 20 Pa.C.S. 3155, it has not presented any authority for the proposition that the Court can appoint an administrator to represent an as-yet hypothetical party (i.e. the currently non-existent THE ESTATE OF LEE R. ZUCCARINI, SR.), let alone appoint an administrator with authority to open an estate under Pennsylvania law. Accordingly, on or before 8/18/2022, Interpleader-Plaintiff shall either (a) file a supplemental brief, not to exceed ten (10) pages, directing the Court to appropriate authority that would support it appointing an administrator and empowering said administrator to open an estate for Mr. ZUCCARINI; or (b) request entry of default or otherwise show cause why this case should not be dismissed for failure to prosecute. Signed by Judge Christy Criswell Wiegand on 8/5/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 14
ORDER. IT IS HEREBY ORDERED THAT the Interpleader Plaintiff THE BALTIMORE LIFE INSURANCE COMPANY is permitted to deposit money with the Clerk of Court. IT IS FURTHER ORDERED that the Clerk deposit into the Registry of the Court the amount of $100,000.00 plus any applicable interest which represents the death benefit as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 8/5/2022. (jmm)
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Filing 13
ORDER. IT IS HEREBY ORDERED THAT the Defendants shall interplead and settle among themselves their respective rights and claims to the Death Benefit that THE BALTIMORE LIFE INSURANCE COMPANY is obligated to pay as attached to the Complaint for Interpleader and Declaratory Relief. IT IS FURTHER ORDERED THAT the Defendants are enjoined and restrained from instituting or prosecuting any proceeding in any state or United States court against Baltimore Life on account of the Policy, Death Benefit, or payments due thereunder as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 8/5/2022. (jmm)
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Filing 12
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 6/24/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
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| Judge Christy Criswell Wiegand added. (pak) |
| Filing 11 SUMMONS/Return of Service Returned Executed by THE BALTIMORE LIFE INSURANCE COMPANY. LINDA ZUCCARINI served on 6/20/2022, answer due 7/11/2022. (Kaufman, Stephen) |
| Filing 10 SUMMONS/Return of Service Returned Executed by THE BALTIMORE LIFE INSURANCE COMPANY. PAMELA J. ZUCCARINI served on 6/21/2022, answer due 7/12/2022. (Kaufman, Stephen) |
| Filing 9 SUMMONS/Return of Service Returned Executed by THE BALTIMORE LIFE INSURANCE COMPANY. STEVEN BANEY served on 6/21/2022, answer due 7/12/2022. (Kaufman, Stephen) |
| Filing 8 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion to Appoint Custodian. ERROR: Document should have been filed at separate event. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate events. Clerk of Court docketed Brief in Support of Motion to Appoint Custodian. This message is for informational purposes only. (pak) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 MOTION for Interpleader Deposit (28 U.S.C. Section 1335). ERROR: Document should have been filed at separate event. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate events. Clerk of Court docketed Brief in Support of Motion for Interpleader Deposit. This message is for informational purposes only. (pak) |
| Filing 7 BRIEF in Support re #5 Motion to Appoint Custodian filed by THE BALTIMORE LIFE INSURANCE COMPANY. (pak) |
| Filing 6 BRIEF in Support re #4 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by THE BALTIMORE LIFE INSURANCE COMPANY. (pak) |
| Filing 5 MOTION to Appoint Custodian Administrator Ad Litem by THE BALTIMORE LIFE INSURANCE COMPANY. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order) (Kaufman, Stephen) |
| Filing 4 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by THE BALTIMORE LIFE INSURANCE COMPANY. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order) (Kaufman, Stephen) |
| Filing 3 Disclosure Statement identifying Baltimore LIfe Holdings, Inc.; Baltimore Financial Group, Inc.; Baltimore Financial Brokerage as corporate parent or other affiliate, by THE BALTIMORE LIFE INSURANCE COMPANY. (Kaufman, Stephen) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 6/22/2022. (pak) |
| Filing 2 Summons Issued as to STEVEN BANEY, THE ESTATE OF LEE R. ZUCCARINI, SR., LINDA ZUCCARINI, PAMELA J. ZUCCARINI (Attachments: #1 Summons, #2 Summons, #3 Summons) (pak) |
| Filing 1 COMPLAINT against STEVEN BANEY, THE ESTATE OF LEE R. ZUCCARINI, SR., LINDA ZUCCARINI, PAMELA J. ZUCCARINI (Filing fee, including Administrative fee, $402, receipt number APAWDC-7152801), filed by THE BALTIMORE LIFE INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (pak) |
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