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Ingomar Limited Partnership v. Current

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 11, 2008

INGOMAR LIMITED PARTNERSHIP, PLAINTIFF
v.
JEFFREY J. CURRENT; PAULA H. CURRENT; SELECT PORTFOLIO SERVICING, INC., F/K/A FAIRBANKS CAPITAL CORP.; RANDAL L. SPAHR; AND CRYSTAL C. JAMES, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 11th day of April, 2008, upon consideration of the court's memorandum and order of March 6, 2008 (Doc. 36), which granted summary judgment in favor of plaintiff Ingomar Limited Partnership ("Ingomar") on its breach of contract claims*fn1 against defendants Jeffery and Paula Current ("the Currents") arising from the Currents' failure to satisfy obligations under a mortgage note held by Ingomar, and which directed Ingomar to file supplemental documents itemizing its damages through the date of this order, and upon consideration of Ingomar's supplemental filings (Doc. 37) in accordance therewith, which represent that Ingomar has incurred damages equaling $97,523.36 in unpaid principal,*fn2 $40,018.67 in unpaid interest,*fn3 $1,489.99 in late fees and charges,*fn4 and $22,069.70 in legal fees,*fn5 the sum of which equals $161,101.72, and it appearing that the Currents have not opposed this assessment of damages, and the court finding that this valuation reflects Ingomar's contractual damages with reasonable certainty, Roadmaster (USA) Corp. v. Calmodal Freight Sys., 153 F. App'x 827, 830 (3d Cir. 2005), and presents no genuine issue of material fact for resolution at trial and entitles Ingomar to judgment as a matter of law, FED. R. CIV. P. 56(c), it is hereby

ORDERED that:

1. The Clerk of Court is directed to enter JUDGMENT in favor of plaintiff Ingomar Limited Partnership and against defendants Jeffrey J. Current and Paula H. Current in the amount of $161,101.72.

2. A revised pretrial and trial schedule for the claims against the remaining defendants shall issue by future order of court.


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