Vineyard, et al., v. Katcher, etal.,

Filing 43

JUDGMENT signed by Judge John A. Mendez on 03/25/10 ORDERING that plf shall recover from Katcher the sum of $7,526.22; Katcher and NYLIC shall turn over to plf the annuity payable by NYLIC to DARRYL KATCHER, ESQ/KUPKA ANNUITY TRUST, consisting o f monthly payments of $2,508.74 from 07/15/06-11/15/12, specifically: (a) the funds held in trust by Katcher pursuant to the court's 12/18/09 order, estimated at time of trial to be about $35,000; and (b) in accordance with the jurisdiction reserved by said order, the future annuity payments due from NYLIC, estimated at time of trial to be about $80,000. The parties shall bear their own attorney fees and costs. (Benson, A.)

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1 J. RUSSELL CUNNINGHAM - SB #130578 2 ERIC R. GASSMAN - SB #260693 DESMOND, NOLAN, LIVAICH & CUNNINGHAM th 3 1830 15 Street Sacramento, California 95811 (916) 443-2051 4 Telephone: Facsimile: (916) 443-2651 5 Attorneys for SUSAN VINEYARD 6 Plaintiff 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1Judgment shall be entered in favor of plaintiff SUSAN VINEYARD ("Plaintiff") and against defendants NEW YORK LIFE INSURANCE COMPANY ("NYLIC") and DARYL B. KATCHER ("Katcher"), individually and in his capacity as trustee for one of the judgment debtors, JOHN KUPKA ("Debtor"), as follows: 1. 2. Plaintiff shall recover from Katcher the sum of $7,526.22. Katcher and NYLIC shall turn over to Plaintiff the annuity payable by NYLIC to SUSAN VINEYARD, in her capacity as assignee) of CARDINAL CORPORATION and PHILIP) SHERIDAN, ) ) Plaintiff, ) ) v. ) ) DARYL B. KATCHER, ESQ., individually and as) payee of the KUPKA ANNUITY TRUST, and) NEW YORK LIFE INSURANCE COMPANY, ) ) Defendants ) ________________________________________ C A S E NO. 2:09-CV-00076-JAM-EFB UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Trial Date: March 29, 2010 Time: 9:00 a.m. Place: Court Room 6 501 "I" Street, 14th Floor Sacramento, CA 95814 JUDGMENT "DARRYL KATCHER, ESQ/KUPKA ANNUITY TRUST," consisting of monthly payments of 1 $2,508.74 from July 15, 2006 through November 15, 2012, specifically: (a) the funds held in trust 2 by Katcher pursuant to the court's December 18, 2009 order, estimated at time of trial to be about 3 $35,000; and (b) in accordance with the jurisdiction reserved by said order, the future annuity 4 payments due from NYLIC, estimated at time of trial to be about $80,000. 5 6 7 Dated: 8 9 10 Approved as to form: 11 12 13 14 Dated: March 15 16 17 18 19 20 21 22 23 Dated: March 24 25 26 27 28 -2, 2010 By: /s/ MELODY G. ANDERSON MELODY G. ANDERSON Attorney for New York Life Insurance Company LAW OFFICES OF HEMAR & ASSOCIATES Dated: March , 2010 CARLSON & GEVELINGER By: /s/ RUSSELL CARLSON RUSSELL CARLSON Attorney for Darryl B. Katcher , 2010 By: /s/ J. RUSSELL CUNNINGHAM J. RUSSELL CUNNINGHAM Attorney for Susan Vineyard DESMOND, NOLAN, LIVAICH & CUNNINGHAM March 25, 2010 /s/ John A. Mendez JUDGE OF THE UNITED STATES DISTRICT COURT 3. The parties shall bear their own attorney fees and costs.

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