Free Motion for Return of Property - District Court of Delaware - Delaware

Case 1 :93-cv-00579-SLR Document 292 Filed 06/20/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FRANK E. ACIERNO, )
Plaintiff, g
v. g C.A. N0. 93-579-SLR
NEW CASTLE COUNTY, g
Defendant. i
MOTION FOR RETURN OF FUNDS
On February 17, 1994, funds representing a cost bond were posted in the above-
captioned matter in the amount of $1,000.00.
The above-mentioned funds have remained in the Court’s registry since that time
earning interest in the amount of $292.77, bringing the current balance to the sum of $1,292.77.
Counsel has been advised by Donna M. Seningen, Financial Administrator for the
United States District Court, District of Delaware, that she has consulted with defense counsel
and it is agreed that the above-mentioned sum belongs to the plaintiff, Frank E. Acierno.
Ms. Seningen, by letter dated June 12, 2007, has requested that a motion be filed
with the Court so stating that the above—mentioned funds belong to the plaintiff, Frank E.
Acierno. Counsel is further advised to submit a proposed order to the Court so that the funds
may be withdrawn from the registry account.

Case 1:93-cv-00579-SLR Document 292 Filed 06/20/2007 Page 2 of 2
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WHEREFORE, counsel respectfully requests that the Court sign the proposed
order so that the funds may be returned to Frank E. Acierno.
OBERLY, JENNINGS & RHODUNDA
Charles M Oberly, III
CHARLES M. OBERLY, III, ESQ., #743
1220 Market Street, Suite 710
P. O. Box 2054
Wilmington, DE 19899
302/576-2000
Date: June 19, 2007 Attorney for F rank E. Acierno