Opinion
Adversary No. 01-170
July 25, 2003
JUDGMENT AND PERMANENT INJUNCTION
For purposes of this judgment and permanent injunction, the court will refer to the parties in the following manner:
a. The plaintiff, Marie E. Henkel, as trustee of the bankruptcy estate of Paula Lickman, as "plaintiff;"
b. The defendant and debtor, Paula Lickman, as "debtor;"
c. The defendant, Gerald J. D'Ambrosio, as "D'Ambrosio;"
d. The defendant, Robert Dizak, also known as Robert Daniels, as "Daniels;" and
e. The defendant, James F. Wiley, III, as "Wiley."
Based upon the court's Order on Final Pretrial Conference entered on November 14, 2001, and the Memorandum of Decision entered contemporaneously, it is
ORDERED, ADJUDGED, and DECREED that:
1. The plaintiff recover of each of the defendants indicated below the sums indicated below, with interest thereon at the rate of 1.02 percent as provided by law, and her costs of action:
a. On account of violations of the automatic Phase I: the sum of $17,958.18 against Daniels, the and D'Ambrosio, jointly and severally;
b. On account of violations of the automatic Phase II: the sum of $17,420.32 against Daniels, the and Wiley, jointly and severally;
c. On account of violations of the bankruptcy court's October 18, 1999, sanctions order: the sum of $17,173.32 against Daniels, the debtor, and Wiley, jointly and severally; and
d. On account of attorney's fees and costs incurred by the bankruptcy estate through October 31, 2001, in prosecuting the trustee's motion for sanctions and this adversary proceeding: the sum of $43,221.94 against Daniels, the debtor, D'Ambrosio, and Wiley, jointly and severally.
2. The obligations described in paragraph 1.c. above are duplicative of the obligations described in paragraph 1.b. above. Therefore, the maximum amount the plaintiff may recover under paragraphs 1.b. and 1.c. above is $17,420.32. Otherwise, the obligations described in paragraphs 1.a. through 1.d. above are cumulative.
3. Daniels, the debtor, and Wiley, and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise, are hereby permanently enjoined and restrained from:
a. prosecuting in any way (1) the action or proceeding pending in the Pennsylvania Orphans' Court to void the bankruptcy sale approved by this court, (2) Civil Action No. 01-CV-2949 pending in the United States District Court for the Eastern District of Pennsylvania, and (3) Civil Action No. 01-CV-4014 pending in the United States District Court for the Eastern District of Pennsylvania, including, without limitation, seeking temporary or preliminary relief from either of those courts; and
b. initiating any new action or proceeding in any court, except this court, against the plaintiff and her attorneys on account of their service and actions as trustee in this bankruptcy case and as counsel to the trustee, or to assert dominion or control over property of the estate, or to affect property of the estate.
4. All actions taken by Daniels, the debtor, and Wiley against the plaintiff and her attorneys, to attack and void the sale of the bankruptcy estate's interest in the probate estate of Tibey Pfeiffer, and to assert an interest by the debtor in the probate estate of Tibey Pfeiffer are void and are of no legal force or effect, including those actions taken by the defendants in (1) the probate estate of Tibey Pfeiffer pending in the Pennsylvania Orphans' Court, (2) Civil Action No. 010-CV-2949 pending in the United States District Court for the Eastern District of Pennsylvania, and (3) Civil Action No. 01-CV-4014 pending in the United States District Court for the Eastern District of Pennsylvania. Daniels, the debtor, and Wiley are mandatorily enjoined to dismiss voluntarily and to withdraw any and all papers seeking such relief in (1) the probate estate of Tibey Pfeiffer pending in the Pennsylvania Orphans' Court, (2) Civil Action No. 01-CV-2949 pending in the United States District Court for the Eastern District of Pennsylvania, and (3) Civil Action No. 01-CV-4014 pending in the United States District Court for the Eastern District of Pennsylvania.
5. The debtor's motion to remove the trustee (Main Case Document No. 106) is dismissed and denied with prejudice.
6. Daniels' counterclaim against the plaintiff for malicious prosecution is dismissed without prejudice as prematurely and improperly filed or, in the alternative, the court abstains from determining the counterclaim.
7. The court abstains from determining all other issues raised in the plaintiff's complaint without prejudice to the right of the plaintiff to seek a determination of those issues in other courts of competent jurisdiction.