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Official Committee of Unsecured Creditors, On Behalf of the v. Arthur Baldwin

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


February 13, 2013

OFFICIAL COMMITTEE OF UNSECURED CREDITORS, ON BEHALF OF THE ESTATE OF LEMINGTON HOME FOR THE AGED,
PLAINTIFF,
v.
ARTHUR BALDWIN, ET AL.
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Arthur J. Schwab

VERDICT FORM (AS OF 2/13/13) Plaintiff's Claims against Defendants

1.Count I -Breach of Fiduciary Duty of Loyalty

A. Do you find that the Plaintiff has proven, by a preponderance of the evidence, that the Directors identified below breached their fiduciary duty of loyalty?

Directors YES NO Arthur Baldwin Jerome Bollock Angela Ford Joann Andiorio JW Wallace Twyla Johnson Nicole Gaines William Thompkins Roy Penner

Leonard R. Duncan Renee Frazier Claudia Allen a/k/a Claudia Hussein Reverend Eugene Downing George Calloway B.J. Leber Reverend Ronald Peters

Continue to answer Question 1(B).

B. Do you find that the Plaintiff has proven, by a preponderance of the evidence, that the Officers identified below breached their fiduciary duty of loyalty?

Officers YES NO Mel Causey James Shealey

Continue to answer Question 2-Count II: Breach of Fiduciary Duty of Care.

2.Count II -Breach of Fiduciary Duty of Care

A. Do you find that the Plaintiff has proven, by a preponderance of the evidence, that the Directors identified below breached their fiduciary duty of care?

Directors YES NO Arthur Baldwin Jerome Bollock Angela Ford Joann Andiorio JW Wallace Twyla Johnson Nicole Gaines William Thompkins Roy Penner Leonard R. Duncan Renee Frazier Claudia Allen a/k/a Claudia Hussein Reverend Eugene Downing George Calloway B.J. Leber Reverend Ronald Peters

Continue to answer Question 2(B).

B. Do you find that the Plaintiff has proven, by a preponderance of the evidence, that the Officers identified below breached their fiduciary duty of care?

Officers YES NO Mel Causey James Shealey

Continue to answer Question 3-Count III: Deepening Insolvency.

3.Count III-Deepening Insolvency

A. Do you find that the Plaintiff has proven, by a preponderance of the evidence, that the actions of the Directors identified below were fraudulent and resulted in the deepening insolvency of the Lemington Home for the Aged?

Directors YES NO Arthur Baldwin Jerome Bollock Angela Ford Joann Andiorio JW Wallace Twyla Johnson Nicole Gaines William Thompkins Roy Penner Leonard R. Duncan

Renee Frazier Claudia Allen a/k/a Claudia Hussein Reverend Eugene Downing George Calloway B.J. Leber Reverend Ronald Peters

B. Do you find that the Plaintiff has proven, by a preponderance of the evidence, that the actions of the Officers identified below were fraudulent and resulted in the deepening insolvency of the Lemington Home for the Aged?

Officers YES NO Mel Causey James Shealey

If you answered "NO" as to EVERY individual in Questions 1, 2, and 3, you have completed your verdict form. Please DO NOT answer any further questions. Please sign the verdict form at the end of this document and inform the Bailiff that you have reached a verdict.

If you answered "YES" as to ANY individual in Questions 1, 2 or 3, please continue to Question 4.

Defense

4.In Pari Delicto

A. Do you find, that the Defendant Directors identified below have proven, by a preponderance of the evidence, the defense of in pari delicto ("parties are equally at fault")?

Directors YES NO Arthur Baldwin Jerome Bollock Angela Ford Joann Andiorio JW Wallace Twyla Johnson Nicole Gaines William Thompkins Roy Penner Leonard R. Duncan Renee Frazier Claudia Allen a/k/a Claudia Hussein Reverend Eugene Downing George Calloway B.J. Leber Reverend Ronald Peters

B. Do you find, that the Defendant Officers identified below have proven, by a preponderance of the evidence, the defense of in pari delicto ("parties are equally at fault")?

Officers YES NO Mel Causey James Shealey

If you answered "YES" to EVERY part of Question 4(A) and (B), Plaintiff cannot recover against any Defendant in this matter.

Please DO NOT answer any further questions. Please sign the verdict form at the end of this document and inform the Bailiff that you have a verdict.

If you answered "NO" to ANY part of Question 4, please continue to Question 5.

Damages

5. Compensatory and Punitive Damages

A.Compensatory Damages

What is the amount of compensatory damages awarded to Plaintiff?

$_______________________________

B.Punitive Damages

What is the amount of punitive damages awarded to Plaintiff, as to each individual Director and Officer?

Directors $, if any Arthur Baldwin Jerome Bollock Angela Ford Joann Andiorio JW Wallace Twyla Johnson Nicole Gaines William Thompkins Roy Penner Leonard R. Duncan Renee Frazier Claudia Allen a/k/a Claudia Hussein Reverend Eugene Downing

George Calloway B.J. Leber Reverend Ronald Peters Officers $, if any Mel Causey James Shealey

You have completed the verdict form. Please sign and date this form and notify the Bailiff that you have reached a verdict.

Unanimously agreed to this ______ day of ___________, 2013, by we, the undersigned jurors.

Foreperson

20130213

© 1992-2013 VersusLaw Inc.



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