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HomeMy WebLinkAbout06-1928DEBRA DESCH, VS DAVID BOSAK and VALERIE HARTMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF /J NO. 01n - /4.2,,P C(cl. L - ? kj CIVIL ACTION - LAW DEFENDANT S JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE- PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqu) en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. DOCKET NO. Q (o - / q,2?P CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Debra Desch, by and through her legal counsel, to assert the following Complaint against Defendants: 1. Plaintiff is Debra Desch, an adult individual, who resides at 8 Patricia Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 2. Defendant is David Bosak, an adult individual, who resides at 356 Hollow Brook Drive, Middlesex Township, Cumberland County, Pennsylvania. 3. Defendant is Valerie Hartman, an adult individual, who resides at 356 Hollow Brook Drive, Middlesex Township, Cumberland County, Pennsylvania. 4. The transactions and occurrences out of which this cause of action accrued occurred in Cumberland County, Pennsylvania. 5. On March 21, 2004, Plaintiff and Defendant, David Bosak entered into a written agreement (the "Agreement") whereby Defendant Bosak was to effect renovations to Plaintiffs house situate at 8 Patricia Drive, East Pennsboro Township, Cumberland County, Pennsylvania, in return for which Plaintiff agreed 6. 7 to pay Defendant Bosak the sum of Thirty Thousand and No/100 Dollars ($30,000.00). A true and correct copy of the Agreement is attached hereto as Exhibit "A" and is incorporated herein. At the direction of Defendant Bosak, Plaintiff paid Defendant, Valerie Hartman the total sum of Eighteen Thousand and No/100 Dollars ($18,000.00) in the form of two checks both of which were cashed or otherwise deposited into an account controlled by Defendant Hartman. A copy of the said checks, sans Plaintiff's account number redacted for privacy and security purposes, are attached hereto as Exhibit "B." Plaintiff paid Defendant Bosak the additional sum of Twelve Thousand Eight Hundred and No/100 Dollars for a total amount paid of Thirty Thousand Eight Hundred and 00/100 ($30,800.00) which payments were made as follows: a February 22, 2004 $10,000.00 to Defendant Hartman b. April 8, 2004 $8,000 to Defendant Hartman C. April 22, 2004 $1,500 to Defendant Bosak d. May 25, 2005 $3,500 to Defendant Bosak e. June 3, 2004 $400 to Defendant Bosak f. June 8, 2004 $300 to Defendant Bosak g. June 23, 2004 $2,500 to Defendant Bosak h. July 6, 2004 $1,500 to Defendant Bosak 2 8. 9 10. i. July 15, 2004 August 16, 2004 k. September 7, 2004 $800 to Defendant Bosak $1,500 to Defendant Bosak $800 to Defendant Bosak Despite repeated requests by Plaintiff, Defendant Bosak repeatedly failed and refused to perform the work as set forth in the Agreement but instead screamed at Plaintiff, cursed at Plaintiff, hung up the telephone on Plaintiff, and harassed and intimidated Plaintiff by repeated email messages which were blank and by a profane email message to Plaintiff. To date, the work contracted for in the Agreement remains unfinished despite Defendants having the total contract sum of $30,000.00 plus an additional $800 in their possession and Defendant Bosak has not appeared at the work-site since November 23, 2004. Plaintiff has been left with a kitchen which is in a far worse state of repair by Defendant Bosak than prior to the commencement of work by Defendant Bosak which damage includes but is not limited to the following: a. The flooring was unfinished, dented, in a substandard condition and with parts of the flooring missing. b. Defendant Bosak took from Plaintiff and failed to return Plaintiffs electrical heater. C. Electrical wiring was unfinished with the wiring hanging out in the open. d. Cabinets are missing eight (8) doors and three (3) shelves. 3 e. There are missing from the refrigerator cabinet doors and a shelf. f. The microwave cabinet was not installed. g. The cabinet accents, consisting of crown molding, were not installed. h. Steps were not finished including but not limited to the failure to install a safety railing. i. Work on the staircase was unfinished including the failure to complete the installation of trim. j. The entire work-site was left in a complete state of disrepair. COUNTI PLAINTIFF, DEBRA DESCH v. DEFENDANT, DAVID BOSAK BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 of this Complaint are incorporated herein as if set forth at length. 12. There existed a written contract between Plaintiff and Defendant Bosak for the renovation of Plaintiff's kitchen, the essential terms of which are set forth in the Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and is incorporated herein. 13. Defendant Bosak breached the duty imposed by the Agreement to renovate Plaintiff's kitchen. 14. Plaintiff sustained damages as a result of Defendant Bosak's breach of the duty imposed by the Agreement including the costs to complete the work which was 4 left only partially performed by Defendant Bosak despite Defendant Bosak having received more than the amount provided for in the Agreement. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant, David Bosak for all damages permitted under Pennsylvania law to compensate Plaintiff for the costs necessary to complete the renovation of her kitchen as set forth in the Agreement and for which Defendant Bozak was fully paid including compensatory, incidental and consequential damages, and any and all other damages permitted by law, together with interest permitted thereon. COUNT II PLAINTIFF, DEBRA DESCH v. DEFENDANT, DAVID BOSAK CONVERSION 15. The averments of Paragraphs 1 through 14 of this Complaint are incorporated herein as if set forth at length. 16. Defendant Bosak removed from Plaintiffs house an electrical heater. 17. Defendant Bosak has failed and refused to return Plaintiff's electrical heater to Plaintiff. 18. Defendant Bosak, in a continuing series of acts, demanded from Plaintiff and received from Plaintiff the total sum of $30,800 to effect renovations to Plaintiffs kitchen when Defendant Bosak had no intention of effecting the said repairs but at all times material hereto had every intention to retain Plaintiff's monies for his own use and benefit. 5 19. Defendant Bosak has deprived Plaintiff of her right to her property as set forth above without Plaintiffs consent and without lawful justification. WHEREFORE, Plaintiff seeks all damages permitted under Pennsylvania law to recover the value of the personal property which Defendant Bosak has converted to his own use and benefit. COUNT III PLAINTIFF, DEBRA DESCH v. DEFENDANT, DAVID BOSAK PENNSYLVANIA UNFAIR TRADE PRACTICES & CONSUMER PROTECTION LAW 20. The averments of Paragraphs 1 through 19 of this Complaint are incorporated herein as if set forth at length. 21. Defendant Bosa?, in order to induce Plaintiff to enter into the Agreement, represented that the contract services that he would provide had professional characteristics and benefits. 22. The professional characteristics and benefits that Defendant Bosak represented that his services would include were nonexistent in that Defendant Bosak left Plaintiff with a kitchen in a for worse state of repair than was the kitchen immediately prior to Defendant Bosak rendering services, in violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. §201-1, et seq. (hereinafter referred to as the "Law."). 23. Section 3, Contractor's Responsibilities and Warranties, under the Terms and Conditions section of the Agreement warrants that Defendant Bosak agreed to 6 furnish the materials for the project and complete the work in a professional manner. 24. Defendant Bosak failed to furnish all of the materials for the project and Bosak failed to complete the work in a professional manner. 25. Defendant Bosak's failure to comply with the terms of the written warranty set forth in the Agreement is in violation of the Law. 26. Defendant Bosak repeatedly engaged in fraudulent and deceptive conduct vis-a- vis Plaintiff by (1) taking Plaintiffs money and promising to perform the work set forth in the Agreement when Defendant had no intention of completing his obligations under the Agreement, (2) agreeing to the sum of $30,000.00 and then charging Plaintiff an additional $800.00 before he would return and even after returning failing and refusing to finish the work for which he was paid, (3) claiming that he could not perform the work required because his vehicle broke down while keeping all of Plaintiff's money paid under the Agreement, (4) claiming that he could not perform the work required because Plaintiff had filed suit against Defendant Bosak when such was not true while keeping all of Plaintiff's money paid under the Agreement, (5) claiming that he could not perform the work required because he was in the hospital with child while keeping all of Plaintiff's money paid under the Agreement, (6) blaming Plaintiff for work delays when such was not true while keeping all of Plaintiff's money paid under the Agreement, (7) blaming Plaintiff for demanding that the work be 7 performed while repeatedly failing and refusing to complete the work and while keeping all of Plaintiff's money paid under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendant David Bosak for violations of the Law including actual damages sustained, three times actual damages sustained, costs and reasonable attorneys fees. COUNT IV PLAINTIFF, DEBRA DESCH v. DEFENDANT, VALERIE HARTMAN CONVERSION 27. The averments of Paragraphs 1 through 26 of this Complaint are incorporated herein as if set forth at length. 28. As a condition of performing work under the Agreement, Defendant Bosak, as part of a continuing series of acts, directed Plaintiff to prepare two checks made payable to Defendant Hartman in the sum total of $18,000.00 which checks are attached hereto as Exhibit "B." 29. Defendant Hartman endorsed the checks and either caused the same to be cashed or deposited into Defendant Hartman's bank account. 30. Plaintiff paid the sum to Defendant Hartman at the direction of Defendant Bosak in return for the services of Defendant Bosak pursuant to the Agreement. 31. Defendant Bosak has failed and repeatedly refused to perform the services required pursuant to the Agreement. 32. Defendant Hartman kept for her own use and benefit or for the use of benefit of 8 Defendant Hartman and Defendant Bosak the sums paid to Defendant Hartman by Plaintiff at the direction of Defendant Bosak and has deprived Plaintiff of her right to her property as set forth above without Plaintiffs consent and without lawful justification. WHEREFORE, Plaintiff seeks all damages permitted under Pennsylvania law to recover the value of the personal property which Defendant Hartman has converted to her own use and benefit. COUNT V PLAINTIFF, DEBRA DESCH v. DEFENDANTS, DAVID BOSAK AND VALERIE HARTMAN CIVIL CONSPIRACY 33. The averments of Paragraphs 1 through 32 of this Complaint are incorporated herein as if set forth at length. 34. Defendant Bosak and Defendant Hartman were, at all times material hereto, engaged in a personal relationship and resided together in Carlisle, Cumberland County, Pennsylvania. 35. Defendant Bosak and Defendant Hartman combined and agreed with one another to take from Plaintiff the sum of $18,000.00 in a continuing series of acts whereby Defendant Bosak demanded from Plaintiff that Plaintiff pay the said sum to Defendant Hartman. 36. Defendant Hartman and Defendant Bosak took the sums which Defendant Bosak demanded that Plaintiff pay in order for services to be performed under 9 the Agreement with knowledge and the intent that said monies would be kept despite Defendant Bosak not performing the services required of Defendant Bosak under the Agreement and for which Plaintiff paid. 37. Defendant Bosak and Defendant Hartman's actions in demanding the sums from Plaintiff while failing and refusing to perform the services set forth in the Agreement was done with intent and without justification. WHEREFORE, Plaintiff seeks all damages permitted under Pennsylvania law to recover the value of the personal property which Defendant Bosak and Defendant Hartman have converted to their own use and benefit. AMOUNT IN CONTROVERSY 38. The amount in controversy exceeds the arbitration threshold amount $25,000.00 set forth at C.C.R.P. No. 1301-1. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff 10 DESCH KITCHEN RENOVATION PROPOSAL CONTRACTOR OWNER THIS AGREEMENT IS BETWEEN NAME David Bosak ADDRESS PHONE DATE 356 Hollowbrook Drive 919-1987 t March 10, 2004 NAME j Deborah Desch RESIDENCE ADDRESS CITY PHONE Enola 8 Patricia Drive 732-4011 17025 "Deborah Desch" Hereinafter referred to as the "Owner" agrees to pay the price set forth upon the following terms and conditions. CONSTRUCTION PROJECT 8 Patricia Drive Enola, PA 17025 DESCRIPTION OF PROJECT CONTRACTOR WILL CONSTRUCT THE IMPROVEMENTS IN THIS AGREEMENT AND DESCRIBED GENERALLY AS FOLLOWS. Remove existing stair tower walls, including drywall and framing lumber. • Construct new stair tower walls in lower level and drywall. • Remove existing lower level steps and replace with new. • Install new interior door at bottom landing of lower level stairs. • Remove all existing kitchen cabinets. • Replace, repair and finish drywall in entire kitchen, including ceiling. • Remove existing vinyl flooring in kitchen area. • Install new high hat lights above counter area in ceiling. • Install new electric baseboard strip at top of stair tower. • Install new rheostat for electric base. • Install new Bruce flooring in kitchen, color to be picked by owner. • Paint entire kitchen including ceiling and woodwork. • Build new kitchen cabinets for kitchen, color and style by owner. • Install new kitchen cabinets. • Install new baseboards and casings in kitchen and stair tower. Install new railing and balusters around existing stair tower. • Install new CR_]Dupont Zodiaq counter tops. Space Black is the specified color. • Install new sink and faucet in counter top. • Install new range hood with vent to the outside for stove. NOT INCLUDED: THE FOLLOWING ITEMS ARE SPECIFICALLY EXCLUDED FROM THIS CONTRACT AND ARE TO BE PROVIDED BY THE OWNER: None. EXHIBIT "A" ALLOWANCES: The following Items, where specific prices are indicated, are included io the Contract Price as allowances for the purchase price of those items to be selected by Owner. Owner and Contractor agree to adjust the Contract Price after verification of actuis cost difference (if any) of said items selected by Owner. APPLIANCES $ LIGHT FIXTURES $ BATH ACCESSORIES $ FLOOR COVERING $ HARDWARE FINISH $ AND "OTHER" $ Emish hardware is interpreted to include all knobs, put hinges. catches, lacks, drawer slide accessories or other Items that are nomlally metalled subsequent to final painting Light fixtures are interpreted to include only these fixtures that are surface mounted. Rath...medians are interpreted to "Crude medicine cabinets, towel bars, paper holders, soap dishes, etc. CONTRACT PRICE PAYMENT: Owner agrees to pay Contractor a total cash price of $ OWNER represents that this agreement is a cash transaction wherein no financing Is contemplated am $30,000.00 contractor acts in reliance on said representation. The payment schedule will be (1) Down payment of $ (2) Payment schedule as follows: 1. $10,000.00 down payment. 2. $ 8,000.00 when stairs are complete. 3. $ 7,000.00 when cabinets are complete. 4. $ 2,500.00 after flooring and cabinets are installed. 5. $ 2,500.00 final payment. All payments will be made within three (3) days after billing. Overdue payme b, val bear interest at the maximum legal permissible rate. If any payment Is not made when due, Contractor may keep the job idle until such time as all payments due have been made- A failure of payment tar a period in excess of said five (5) days shall be considered a major breach. Connactof or Owner prior to commencement of construdron and subject to lending institution (if any( approval, may request funds to be placed in an Escrow or Funding Voucher Centel Service prior to commencement of work with funds to be disbursed to Connector in accordance with the escrow instructions or voucher orders signed by the Contractor In the absence of an Escrow or Funding Control Service, funds wdl be paid directly to the Contractor in accordance .,in the pmgreee payments schedule retained to above. NOTICE TO THE BUYER: (1) Do not sign this Agreement before you read it or if it contains any blank spaces. (2) You are entitled to a completely filled in copy of this Agreement. Owner acknowledges that he/she has read and received a legible copy of this Agreement signed by Contractor, including all terms and conditions herein included, before any work was done, and that he/she has read and received a legible copy of every document that owner has signed during the negotiation. if owner cancels this Agreement after the right of recession has expired, and before commencement of construction, owner shall pay Contractor the amount of expenses incurred to that date plus loss of profits. TERMS AND CONDITIONS The terms and conditions on the following are expressly incorporated into this Agreement. This Agreement constitutes the entire understanding of the parties. No other understanding or representations, verbal or otherwise, shall be binding unless in writing and signed by both parties. This Agreement shall not become effective or binding upon Contractor until signed by Contractor or a principal of Contractor. By Owners signature below, Owner acknowledges receipt of a fully completed copy of the Agreement, NOTICE You, the, buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. X TERMS AND CONDITIONS ASBESTOS! HAZARDOUS MATERIALS i. Owner represents that the property being remodeled does not contain asbestos and / or other hazardous materials. This contract does not contemplate the removal of, testing for appropriate corrective work and any other additional expenses incurred by the corrective work. CONTRACTOR'S RIGHTS AND RESPONSIBILITIES 1. r SUBCONTRACTORS. Contractor may subcontract all or any portion of the work. 2. 2. Contractor shall have right to stop work and keep the job idle if payments are not made when due, Failure to make payment within five (5) days of the date that payment is due will be considered a material breach of this Agreement. If the work shall be stopped for any reason, for a period of sixty (60) days, then Contractor may, at Contractor's option, upon five (5) days written notice, demand and receive payment for all work executed and material ordered or supplied and any other loss sustained including Contractor's usual fee for overhead and profit based upon the contract price. Thereafter, Contractor is relieved from any further liability. In the event of work stoppage for any reason, Owner shall provide for protection of and be responsible for, any damage, warpage, racking, or loss of material on the premises. 3. Contractor, at Contractor's option, may alter specifications only so as to comply with requirements of governmental agencies having jurisdiction over same. Any alterations or work undertaken to further this end shall be treated as an Extra Work. CONTRACTOR'S RESPONSIBILITIES AND LIMITED WARRANTY 3. Contractor agrees to furnish the materials for the project and complete the work in a professional manner. All materials furnished under this Agreement shall be construction grade and meet industry standards. Where brand names have been specified, Contractor may select substitutes when such substitutions are due to unavailability or other circumstances beyond Contractor's control. All substitutions shall be consistent in quality and character to the selections previously specified. THE LIABILITY OF THE CONTRACTOR FOR DEFECTIVE MATERIALS OR INSTALLATION IS HEREBY LIMITED TO THE REPLACEMENT OR CORRECTION OF SAID DEFECTIVE MATERIAL AND I OR INSTALLATION, AND NO OTHER CLAIMS, OR DEMANDS WHATSOEVER SHALL BE MADE UPON OR ALLOWED AGAINST THE CONTRACTOR. THIS LIMITED WARRANTY EXTENDS ONLY TO OWNER AND IS NOT TRANSFERABLE. THERE Is NO IMPLIED WARRANTY OR MERCHANTABILITY NOR ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION WITHIN THIS PARAGRAPH #1. THIS WARRANTY SHALL TERMINATE ONE YEAR FROM FINAL BUILDING INSPECTION OR THE DATE OF THE COMPLETION, WHICHEVER IS FIRST. NOTE THAT EQUIPMENT, ASSEMBLIES, OR UNITS PURCHASED BY CONTRACTOR, INCLUDED IN THIS CONTRACT ARE SOLD AND INSTALLED SUBJECT TO THE MANUFACTURER'S OR PROCESSOR'S GUARANTEE OR WARRANTIES, AND NOT CONTRACTOR'S. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES GIVEN BY MANUFACTURERS PERTAINING TO MATERALS USED BY CONTRACTOR IN CONNECTION WITH THE PROJECT WILL BE PASSED THROUGH AND INURE TO THE BENEFIT OF OWNER. 4. Contractor shall pay all subcontractors, laborers and material suppliers. Contractor shall, to the best of Contractor's ability, keep Owner's property free of valid labor or material supplier's liens. ITEMS NOT RESPONSIBILITY OF CONTRACTOR 5. EXISTING VIOLATIONS AND CONDITIONS. Contractor shall not be held responsible tar any existing violations of applicable building regulations or ordinances, whether cited by the appropriate authority or not Contractor is not responsible for any abnormal or unusual preexisting conditions or any unusual or abnormal concrete footings, foundations, retaining walls, or piers required, or any unusual depth required for same, such as, but not limited to that condition caused by poor soil, lack of compaction, hillside, or other slope conditions. Correction of such violations or abnormal conditions by Contractor shall be considered additional work and shall be dealt with as herein provided for Under "Extra Work". 6. DELAYS. Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of Owner or Owner's employees or Owner's agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts, or other labor union activities, extra work ordered by Owner, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, or holidays, or other causes beyond Contractor's reasonable control. 7. Contractor is not responsible for matching existing paint or texture and further, there is no guarantee against hairline cracks or decolonization in stucco or concrete. OWNER'S RESPONSIBILITIES UTILITIES 1, t. The Owner is responsible for water, gas, sewer and electric utilities, from the appropriate agency to the metering device, unless otherwise agreed to in writing. It is the Owner's responsibility, at Owner's expense, to provide toilet facilities, electricity and water to the site as needed by the Contractor. 2. 2. Owner agrees to keep driveway clear and available for movement and parking of trucks and other equipment during normal working hours. If Owner denies access to any worker or material supplier during the scheduled working hours, the Owner will be held in breach of the Agreement and will be liable for such breach. 3. 3. The Owner is responsible for having sufficient funds to comply with this Agreement. This is a cash transaction. 4. 4. Owner will purchase insurance, at Owner's expense, before any work begins. Such insurance will have course of construction, fire, vandalism, malicious mischief and other perils, clauses attached. The insurance must be in an amount at least equal to the contract price and provide that any loss be payable to the Contractor. The insurance is to cover the Owner, Contractor, Subcontractor and Construction Lender in the amount of their respective interests. 5. If the Owner does not purchase such insurance, the Contractor, as agent for the Owner may purchase it and charge such cost to the Owner. DAMAGE OR DESTRUCTION 5. If the project, or any portion of it, is destroyed or damaged by fire, storm, flood, landslide, earthquake, theft, or other disaster or accidents, any work done by the Contractor to rebuild, etc., shall be paid for by Owner as an Extra and dealt with as herein provided for under "Extra Work". In the event of any of the above occurrences, If the cost of replacement work, for work already done by the Contractor, exceeds twenty (20) percent of the contract price, the Owner has the option to cancel the contract but, if the Owner cancels, the Contractor shall be paid for all costs incurred plus Contractors usual fee for overhead and profit for all work performed by Contractor to date of cancellation. 6. It Is the Owner's responsibility to remove or protect any personal property including, but not limited to, carpets, drapes, furniture, driveways, lawns, and shrubs, and Contractor will not be held responsible for damages of loss of said items. 7. Owner agrees to sign & record a Notice of Completion within five (5) days after the project is substantially completed and ready for occupancy. Failure by the Owner to do so authorizes the Contractor to act as the Owner's agent to sign and record a Notice of Completion. This agency is irrevocable and is an agency coupled with an interest. The Contractor has the right to bar occupancy of the project of Owner or anyone else until Contractor has received all payments due under the Contract and the Notice of Completion is recorded. When the Owner or another authorized by the Owner uses and / or occupies the premises then the project is considered completed. If a funding or joint control is used it is agreed that the control shall act as the Owner's agent and sign and record a Notice of Completion. 8. The Owner represents ownership of the property where construction is to occur. It is the Owner's duty to point Out boundary lines of the property and Owner is responsible for the accuracy of Such lines and how they are represented on drawings. If required, the Owner will pay for a survey to chart boundary lines. 9. Prior to construction, the Owner is to give the Contractor a copy of any easements, restrictions or rights of way relating to the property. If Owner does not do so, Contractor will assume that none exist. 10. Unless specifically agreed upon in writing between Owner and Contractor, and made a part of this Agreement under "Description of Materials", "Specifications" or "Plans", this Agreement does not include any engineering or geology surveys, drawings, studies, reports or calculations as may be required by a public body or building authority as a condition for issuance of a building permit or as a condition to securing final building inspection. The cost of any such required professional services shall be paid by Owner. OTHER DRAWINGS AND SPECIFICATIONS 1. The project will be constructed according to drawings and specifications that have been examined by Owner and that have been or may be signed by the parties to this contract. Unless otherwise specifically provided, Contractor will obtain and pay for all required building permits. Owner will pay any assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service, other utilities including sewer and storm drain reimbursement charges, use fees, revolving fund charges, hookup charges and the like. 2. Unless specifically agreed upon in writing between Owner and Contractor and made part of this Agreement, under "Description of Work", "Description of Material", "Specifications", or "Plans", this contract does not include a. Plumbing, gas, waste and water lines outside foundations of existing buildings or any required relocation or replacement of any such existing lines that may be discovered within the boundaries of any new ground floor addition ?.o. Electrical service, other than addition of circuit breakers or fuse blocks to distribute electric current to new outlets: U, Any work which may be required regarding cesspools or septic tanks. U.a. Rerouting, relocating or replacing vents, pipes, ducts or conduits not shown or those encountered during construction or changes required to existing wiring, vents, pipes, ducts or conduits in areas undisturbed by construction. Unless specified elsewhere, existing wiring and electrical systems are represented by the Owner as adequate to carry load for existing structure and work to be performed herein; C.e. Any additional work required for excavation or foundations due to inadequate bearing capacity or rock or any other material not removable by ordinary hand tools n.r. Any work to correct damage caused by termites or dry rot; I:i.q. Changes or alterations from the specifications which may be required by any public body, utility or inspector. SAMPLE O.h. Painting, preparation, filing, finishing, grading, retaining wails, new or relocating gutters and downspouts, screen doors, weather stripping, staining, seeding, landscaping, or decorating. Any work necessary to correct, change, alter or add the above items will be considered additional work and shall be dealt with as herein provided for under "Extra Work". MEASUREMENTS 3. Measurements, sizes and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified, all dimensions are exterior dimensions. In the event of a conflict between the plans, specifications, etc., and the Agreement, this Agreement is controlling. Contractor is not responsible for any existing illegal conditions. MATERIAL REMOVED AND DEBRIS 4. Unless specifically designated by Owner in writing, prior to commencement of construction, Contractor may dispose of all material removed from structures in course of alteration. Contractor is to remove construction debris at end of project and leave premises in a neat broom-clean condition. 1. 5. Unless specifically agreed upon in writing, floor covering is not covered under this Agreement. ADDITIONAL REQUIREMENTS FOR COMPLETION EXTRA WORK 2. >. The Owner and Contractor must agree in writing to any modification or addition to the work covered by this contract. The Contractor shall do no extra work without the written authorization of the Owner. Any written agreement shall list the agreed price and any changes in terms and be signed by both parties. Failure to have written authorization shall not be deemed fatal to the collection of the extra work. 3. s. Contractor shall promptly notify Owner of any additional requirements necessary to facilitate the project's completion. Any subsequent amendment, modification or agreement, which operates to alter this contract, and which is signed or initialed by Contractor and Owner, shall be deemed proper and legal. For any extra work performed, Contractor shall be compensated in an amount to be determined before the extra work is performed and such amount including Contractor's usual fee for overhead and profit shall be made as the extra work progresses, concurrently with payments, made under payments scheduled. Any change-order forms for changes or extra work shall be incorporated in, and become part of the contract. STANDARDS FOR SPECIFICATIONS 1. a. It all or any part of the following is included in this Agreement under specifications, the following will apply: All cabinets to be paint grade, or if same is noted to be other than paint grade, to be of veneer construction. All cabinet doors to be lipped construction. All inside portions such as shelves, bulkheads and partitions may be of other species than exposed portions, but not limited to solid stock plywood, or particle board with fixed shelve without backs. All plumbing fixtures to be white in color and selected by Contractor. All appliances and fixtures to be Builders models. Medicine cabinets to be single, recessed, and metal. Tile, if ceramic, to be domestic, non-decorator, 414" x 4Y.". All fireplaces to be prefab with a metal flue. All extra materials remain the property of the Contractor. If any of the materials used vary from the above, such variation must be agreed upon between Contractor and Owner, in writing and listed in this Agreement under "Specifications", "Description of Materials" or attached to this Agreement and initialed by Owner and Contractor. CORRECTIVE WORK 2, s. If minor corrective or repair work remains to be finished after the project is ready for occupancy, Contractor shall perform work expeditiously and Owner shall not withhold any payment pending completion of such work. If major corrective or repair work remains to be finished after the building is ready for occupancy, and the cost exceeds one (1) percent of the gross contract price, the Owner may withhold payment sufficient to pay for completion of the work, pending completion of the work, but may not withhold an amount which is greater. GENERAL 1. io. This contract, including incorporated documents, constitutes the entire agreement of the parties. No other oral or written agreements between Contractor and Owner, regarding construction to be performed exist. 2. n. This agreement shall be construed in accordance with, and governed by, the laws of the state in which the work is performed. NOTICE 1 12. Any notice required or permitted under this contract may be given by ordinary mail sent to the address of either the Owner or Contractor as listed in this contract, but the address may be changed by written notice from one party to the other. Notice is considered received five (5) days after deposited in the mail, postage paid. ATTORNEY FEES: to the event legal action or arbitration is instituted for the enforcement of any terms or conditions of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees in said action or arbitration, in addition to costs and reasonable expenses incurred in the prosecution or defense of said action or arbitration. k DEBRA L DESCH 8 PATRICIA DR. ENOIA, PA 17025 1 PAY TO THE ORDER OF_ I Q.. w 1803 $10000. a c> -DOLLARS u .» Wv Waupoint - - - - - 111'000 1000000.1. Date 02-24-2004 mount 10000.00 TR 231372387 TC 1803 Senal 1803 Capture O DbCr D EndPoint 53 Adjustment Onus Sequence 350240 IRD 0 8LNK 0 Pocket l ExceptionCode 0 PNP Run 1 OngTC 0 InsUD 7238 T sa 723837 2313 DATE Feb 2 2 . ZA-04 0278061960 - >031201360C 8052 B42 P21 NR - CIFOMERC1; 02/23/2004 ? 1[7 s_ti . C±?dRY .? N - ir1 7 9 n 1 m EXHIBIT "B" bEBRA 1. DESCH 8 PATRICIA DR. ENOLA, PA 17025 a ' s OPAYE,ROFE ` e ? /ER OF ? j?R.D ? S o oca, v ? DOLLARS f= J`'1C'' my A 13 T4 GM 0 i? 04,,013' : d G??..S D ?:n??3Lr S vl wau! of iii` 'J C i d'r '1/! -\ •t i tr,Hxlt? i.11 ?R ?\?lU+l i a a`t+r? "wT'7?io. wivio or - - - - - - - - - - -- - 010000800000.1, Date 04-12-2004 F Amount 8000.00 TR 231372387 TC 1815 Serial 1815 Capture O ObCr D EndPomt 53 Adjustment Onus Sequence 3262230 IRD 0 BLNK 0 Pocket l ExceptionCode 0 PNP Run 1 OngTC 0 InstlD 7238 01365,29910 = R0E4 053 R al 04/Ocl/2004 3 _ . y 5 f C - 60-723837 2313 1815 DATE -zoo+ 1 u `-? 1 H23Fn'?S?E Rf3N? 14A I;; {^ ER" H ILL, NJ +?..? -A GJ •- J ? ?.I V v? J ! a '1 j[ V ?J j A6 a 1 ?. 1 ,Nf V ` W^ i M ?) O VERIFICATION I verity that the answers set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties set forth in the Pennsylvania Crimes Code. Debra Desch Dated: ?1- 3 - ?,? o bT/2'd 00BS28LLTL:O1 6T£T2£6LTL 'OS3 `b33N3S GHUHJIa:WOJd 8b:80 9002-£0-ad8 V U/ r?.V W V f ,fin C' r ? `(i -r r C?iZ 1 C5 ?= DEBRA DESCH, Plainta VS. DAVID BOSAK and VALERIE HARTMAN To: DEBRA DESCH : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1928 Civil Term : CIVIL ACTION -LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days of service hereof or a judgment may be entered against you. Allen C. Welch ID#34962 1101 N. Front Street Harrisburg, PA 17102 (717)-350-1002 Attorney for Defendants f DEBRA DESCH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-1928 Civil Term DAVID BOSAK and VALERIE HARTMAN CIVIL ACTION -LAW ANSWER AND NEW MATTER AND NOW comes defendants, David Bosak and Valerie Hartman, by and through their attorney, and file the following Answer and New Matter, respectfully representing as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant Hartman gave birth to Defendants' child on December 29, 2004, and there were serious health problems with the child because of her premature birth; Plaintiff was made aware of these problems and consented to delays as a result thereof. Moreover, it s specifically denied that either Defendant screamed, hung up on, harassed, or cursed at Plaintiff either through emails or verbally. Whether any communication or act intimidated Plaintiff in any way or to any degree is beyond the knowledge of the Defendants and therefore they cannot answer. 9. Admitted. 10. Denied. By way of more specific answer, Defendants aver: a. It is denied the flooring was in any way substandard; all that remains to be done is the installation of two small strips at each door, a simple task to complete. The floor was not dented when Defendant was last on the property. b. It is denied that Defendant took Plaintiff's electrical heater; in fact the heater was purchased by Bosak for use on the job and did not belong to Plaintiff. Defendant did, however, intend to make a gift of this heater to Plaintiff, and it is in his shop where he has painted it to match the d6cor of the kitchen in preparation for anticipated delivery of the intended gift. c. Admitted. d. Admitted. These cabinets are in possession of Defendants and have been ready to e. Admitted. This is a m minimal task that Defendant would have completed had he been permitted to. f. Admitted. These cabinets are in possession of Defendants and have been ready to g. Admitted. This is a minimal task that Defendant would have completed had he been permitted to. h. Admitted. This is a minimal task that Defendant would have completed had he been permitted to. L Admitted. This is a minimal task that Defendant would have completed had he been permitted to. j. Denied. COUNT I - BREACH OF CONTRACT 11. This paragraph is not a statement of fact to which Defendants can respond. 12. Admitted. 13. Denied. Bosak has done substantial wok toward completing the project defined by the contract, was delayed by acts of God and with the consent of Plaintiff, and has since been denied the opportunity to complete the work as a result of the actions of the Plaintiff. 14. Defendant is without knowledge of the damages suffered by Plaintiff, if any, and therefore cannot respond to this averment. WHEREFORE it is prayed that Plaintiff"s claim of breach of contract be denied. COUNT 11 - CONVERSION (ROSAK) 15. This paragraph is not a statement of fact to which Defendants can respond. 16. Admitted. 17. Denied. Plaintiff has not asked Defendant for the heater, which was never her property. As stated in paragraph 10(b) above, the heater is in Defendant's shop, awaiting delivery as an intended gift to Plaintiff. 18. Denied. 19. Denied. As stated above, the property was never the possession of the Plaintiff. WHEREFORE, Defendants pray the Plaintiff's claim of conversion will be denied. COUNT III - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 20. This paragraph is not a statement of fact to which Defendants can respond. 21. Admitted 22. Denied. Defendant made substantial repairs and improvements that left Plaintiff s kitchen in far better condition than it was when he undertook the improvements herein at issue. 23. Admitted. 24. Denied. 25. Denied. 26. Denied. WHEREFORE, it is prayed that the Plaintiff's claim under the Unfair Trade Practices and Consumer Protection Acts be denied. COUNT IV - CONVERSION MARTMAM 27. This paragraph is not a statement of fact to which Defendants can respond. 28. Admitted. 29. Admitted. 30. Admitted. 31. Denied. As noted elsewhere herein, Plaintiff refuses to allow Defendant to finish the work. 32. Admitted n part and denied in part. It is admitted that the sums tendered by Plaintiff were deposited into the account of Defendant Hartman; this was done so that her account could be used to pay for materials. It is denied that she has or intended to deprive Plaintiff of any property as alleged. WHEREFORE it is prayed that the Plaintiffs claim of conversion be denied. COUNT V - CIVIL CONSPIRACY 33. This paragraph is not a statement of fact to which Defendants can respond. 34. Admitted. 35. Denied. Defendants only agreed that the payments for the contracted job would be deposited to Hartman's account so. that her account could be used to pay the costs of the project. 36. Denied. 37. Denied. WHEREFORE it is prayed that the Plaintiff's claim of civil conspiracy be denied. AMOUNT IN CONTROVERSY 38. Admitted in part and denied in part. Although the total contract amount exceeds $25,000, the cost to satisfactorily complete the job would be well under that amount. NEW MATTER 39. The Plaintiff repeatedly demanded changes to the work contracted for, including flooring, paints, door panels for cabinets, design of cabinet doors, and doors, all of which caused delays attributable to her, not the Defendants. 40. Also adding to the delay in completion was the premature complaint by the Plaintiff to the Pennsylvania Office of Attorney General's Consumer Protection Division, which investigated this matter in the summer of 2005 without charging Defendant, who cooperated fully in their investigation and who expressed desire to finish the job. 41. As of March, 2006, Plaintiff had not had the work completed by any contractor. 42. The additional Eight Hundred Dollars ($800.00) charged for the project was to cover the expense of replacing rotting subfloor which was not detectable without the removal of the top floor. 43. This expense is covered by the contract as an unforeseeable expense. COUNERCLAIM DEFENDANT/COUNTER PLAINTIFF BOSAW S COUNT I CONVERSION 44. David Bosak had many tools that were on Plaintiffs property at the time she unilaterally decided to lock him out and terminate the agreement represented by the contract presented as Exhibit "A". 45. Among those tools, which she refuses t allow Bosak to retake, are the following: a. Hitachi compound miter box b. Emglo compressor c. Porter Cable door planer d. Dewalt miter box stand e. Dewalt plate joiner f. Porter Cable drywall-vac g. Porter Cable pneumatic finish stapler h. Hilti pneumatic finish nailer i. Miscellaneous air hoses, hand tools, painting equipment, etc. 46. The stimated value of these tools is in excess of Four Thousand Dollars ($4,000.00) 47. Counter-Defendant Desch has deprived Bosak of his right to his property, as set forth above, without Bosak's consent and absent lawful justification. WHEREFORE, Counter-Plaintiff Bosak seeks all damages permitted under Pennsylvania law to recover the value of his personal property, which Counter- Defendant Desch has converted to her own use and benefit. 4 6'? '-7-r r- > t r, Allen C. Welch ID#34962 1101 N. Front Street Harrisburg, PA 17102 (717)-350-1002 Attorney for Defendants AFFIDAVIT OF SERVICE I, Allen Welch, do hereby certify that a true and correct copy of the foregoing Answer and New Matter with Counterclaim upon the Plaintiffs attorney, Richard Seneca, by mailing same to him at his office address of 564 Old York Road, Etters PA 17319, this date. Date: 19 May 2006 Allen C. Welch VERIFICATION I, David Bosak, do hereby declare that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. 4904 of the Crimes Code. 4 Date: 4xt-41 &.41 avid J. Bo ak VERIFICATION I, Valerie Hartman, do hereby declare that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. 4904 of the Crimes Code. Date: aS " O?p Valerie Hartman c? ? - n r1 ni r r ,R -71 OD I- I DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term : CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY AND ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM AND NOW, comes Plaintiff, Debra Desch, by and through her legal counsel, to reply to Defendants' New Matter and to answer Defendants' Counterclaim as follows: NEW MATTER 39. Denied. It is specifically denied that Plaintiff repeatedly demanded changes to the work contracted for, including flooring, paints, door panels for cabinets, design of cabinet doors, and doors, all of which caused delays attributable to her, not the Defendants. 40. Denied. It is specifically denied that Plaintiff added to any delay by prematurely filing a Complaint with the Pennsylvania Office of Attorney General's Consumer Protection Division. To the contrary, Plaintiff filed a complaint with the Attorney General's Office well after Defendant, David Bosak stopped reporting to the work-site on November 23, 2004. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are deemed denied. 1 41. Admitted. 42. Admitted. By way of further reply, Defendant, David Bosak did not replace the sub-floor for which he charged Plaintiff an additional Eight Hundred Dollars ($800.00). 43. Admitted. By way of further reply, Defendant, David Bosak did not replace the sub-floor for which he charged Plaintiff an additional Eight Hundred Dollars ($800.00). COUNTERCLAIM DEFENDANT/COUNTER-PLAINTIFF BOSAWS COUNT i CONVERSION 44. Denied. It is denied that Defendant Bosak had many tools that were on Plaintiffs property and that Plaintiff unilaterally decided to lock him out and terminate the agreement set forth in Exhibit "A." To the contrary, Plaintiff did not "lock out" Defendant Bosak who admitted in the Answer that he has not appeared at the work-site since November 23, 2004. By way of further answer, at no time did Plaintiff terminate the Agreement. 45.a.-i. Denied. It is specifically denied that Plaintiff has refused to allow Defendant Bosak to retake any tools which Defendant Bosak left at the work-site. 46. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment of this 2 paragraph and the same is deemed denied. 47. Denied. It is specifically denied that Counter-Defendant Desch had deprived Bosak of his right to his property, as set forth in the Counterclaim, without Bosak's consent and absent lawful justification. WHEREFORE, Plaintiff, Debra Desch demands judgment in her favor and against Defendants, David Bosak and Valerie Hartman. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff, Debra Desch 3 06/05!2006 16:14 7177825800 HH PHARMACY PAGE 05/05 ?IL-0LM 14;58 From:RICHRRO 5E7*ECA, ESQ. TV9321319 To=7177825860 P.505 VERIRCA I verify that the facts set forth in the foregoing Plaintiff's Reply and Answer to Defendants' Now Matter and Cvurrterclaim sere true and correct to the best of my knowledge, information Wd belief. I understand that false statements are made subject to the penshies set forth in the Pennsylvania Crimes Code. Debra Desch Dated: (..:o -- S - 0 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Plaintiffs Reply and Answer to Defendant's New Matter and Counterclaim was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on June 6, 2006, at Etters, Pennsylvania: Allen C. Welch, Jr., Esquire 1101 N Front Street Harrisburg, PA 17102 Richard C. Seneca, Esquire h J ti _ t l J7- CASE NO: 2006-01928 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DESCH DEBRA VS BOSAK DAVID ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SAK DAVID DEFENDANT was served upon the at 2040:00 HOURS, on the 6th day of April , 2006 at 356 HOLLOW BROOK DRIVE CARLISLE, PA 17013 by handing to DAVID BOSAK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 6.16 .39 10.00 R. Thomas Kline nn J Z . J J S// IP Sworn and Subscribed to before me this day of A. D. 04/07/2006 RICHARD SENECA By: Deputy Sheriff Prothonotary l CASE NO: 2006-01928 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DESCH DEBRA VS BOSAK DAVID ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARTMAN VALERIE the DEFENDANT , at 2040:00 HOURS, on the 6th day of April 2006 at 356 HOLLOW BROOK DRIVE CARLISLE, PA 17013 by handing to DAVID BOSAK. ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00i?? P .00 10.00 R. Thomas Kline nn 1 V V V ?114?6 L and Subscribed to b20- Sworn re me this day of A. D. 04/07/2006 RICHARD SENECA By. Ails Y / Deputy Sheriff Prothonotary DEBRA DESCH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 06-1928 Civil Term V. : CIVIL ACTION - LAW DAVID BOSAK and VALERIE HARTMAN, : JURY TRIAL DEMANDED Defendant. PLAINTIFF'S MOTION TO COMPEL RESPONSE TO WRITTEN DISCOVERY AND NOW, comes Plaintiff, Debra Desch, by and through her legal counsel to request that this Honorable Court compel the Defendants to respond to the written discovery which she has propounded upon them and in support thereof avers as follows: 1. This is an action sounding in breach of contract, conversion, violation of the Pennsylvania Unfair Trade Practices Act, and civil conspiracy stemming from an agreement between the Plaintiff and Defendant, David Bosak to effect certain renovations to Plaintiffs residence. 2. On March 12, 2007, counsel for Plaintiff sent to counsel for the Defendants the following discovery documents requiring a written response by the Defendants: a. Plaintiff's Request for Production of Documents Directed to Defendant, David Bosak. (Exhibit "A"). b. Plaintiff's Interrogatories Addressed to Defendant, David Bosak. (Exhibit «B„ C. Plaintiff's Request for Production of Documents Directed to Defendant, 1 A l Valerie Hartman. (Exhibit "C"). d. Plaintiff's Interrogatories Addressed to Defendant, Valerie Hartman. (Exhibit "D"). 3. To date, the Defendants have not responded to the above-referenced written discovery propounded upon them. 4. On October 25, 2007, counsel for the Plaintiff left a voice mail message for counsel for the Defendants advising of his intent to file this motion seeking an Order to compel the Defendants to reply to Plaintiff s written discovery within thirty (30) days. 5. On October 25, 2007, counsel for the Plaintiff received a telephone response from counsel for the Defendants advising that he does not oppose this motion. 6. This action has not previously been assigned to a judge of this Honorable Court. WHEREFORE, Plaintiff, Debra Desch, respectfully requests that this Honorable Court enter an Order compelling the Defendants to respond to the written discovery which she has propounded within thirty (30) days of the date of the Order. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 rseneca@senecalaw.com 2 R DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, DAVID BOSAK TO: David Bosak, Defendant c/o Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Plaintiff, through her attorney, hereby propounds the following Request for Production of Documents to Defendant, Valerie Hartman pursuant to Pennsylvania Rule of Civil Procedure No. 4009.1 et seq. to be answered within thirty (30) days from service thereof. This Request for Production of Documents is continuing in nature and Defendant is required to provide such additional information as Defendant, attorneys for Defendant, or anyone acting on behalf of or in concert with Defendant, may have or may obtain between the time the answers are served and the time of trial. In response to this Request for Production of Documents, Defendant shall utilize the definitions and follow the instructions hereinafter set forth, each of which shall be deemed to be a material part of each request. 1. DEFINITIONS 1. "Defendant," "You" or "Your" shall mean Defendant, David Bosak and his agents. EXHIBIT "A" 2. The word "document" as used herein shall be understood to mean all written, graphic, audio, or otherwise recorded matter, however produced or reproduced, in the actual or constructive possession, custody, care or control of you and your attorneys, or any of them. 3. The singular of any word used herein shall be deemed to include the plural of such word and the plural shall include the singular. II. INSTRUCTIONS The response to this Request for Production of Documents must be delivered to Plaintiff's counsel within thirty days of service hereunder under oath and in writing in accordance with the Pennsylvania Rules of Civil Procedure. With respect to each of the document requests set forth herein, produce all documents which are known to you or which can be located or discovered by you through diligent effort on the part of you, your representatives, attorneys or accountants, including but not limited to all documents which are in possession of your or your representatives, attorneys, or accountants. Please categorize each document so as to conform to the numbered request. I11. REQUEST FOR PRODUCTION OF DOCUMENTS 1. Any documents relating to any statement, oral or written, taken or received by Defendant of a potential witness or persons with knowledge of facts pertinent to this lawsuit, including any documents reflecting any statement (oral or written). 2. Any and all documents identified and/or relied upon by Defendant in responding to Plaintiff's Interrogatories Addressed to Defendant, David Bosak. 3. Any and all documents provided to Defendant or his counsel by an expert retained by or on behalf of Defendant. 4. Any and all documents provided by Defendant or his counsel to any expert retained by or on behalf of Defendant. 5. A copy of any of the materials identified in Defendant's answer to Plaintiff's Interrogatory No. 5. 6. A copy of any and all materials identified in Defendant's answer to Plaintiff's Interrogatory No. 6. 7. A copy of any and all materials identified in Defendant's answer to Plaintiff's Interrogatory No. 7. 8. A copy of any and all expert reports identified in Defendant's answer to Plaintiffs Interrogatory No. 9. 9. A copy of the curriculum vitae of any expert whose testimony Defendant intends to present at trial. 10. A copy of any and all trial exhibits identified in Defendant's answer to Plaintiff's Interrogatory No. 10. 11. A copy of any and all materials identified in Defendant's answer to Plaintiff's Interrogatory No. 11. 12. A copy of all bank statements and canceled checks for any checking or savings account held by Defendant in 2004 and in 2005. 13. Any and all personal records, calendars, diaries, notes, tapes or records of any kind referring to or relating in any way to the allegations set forth in the Complaint, Answer, New Matter or Counterclaim. 14. Any and all documents prepared by Defendant, Valerie Hartman of any kind referring to or relating in any way to the allegations set forth in the Complaint, Answer, New Matter or Counterclaim. 15. Any and all documents, including but not limited to receipts, purchase orders, canceled checks, and manufacturers publications regarding any items identified in Defendant's answer to Plaintiff's Interrogatory No. 17. 16. Any and all documents, including but not limited to receipts, purchase orders, canceled checks, and manufacturers publications regarding any items identified in Defendant's answer to Plaintiff's Interrogatory No. 18. 17. A copy of any and all documents which, in any way, reference the demands identified in Defendant's answer to Plaintiffs Interrogatory No. 19. 18. A copy of any and all customer lists identified in Defendant's answer to Plaintiff's Interrogatory No. 20. 19. A copy of any and all documents received from or submitted to the Pennsylvania Office of Attorney General's Consumer Protection Division referenced in Paragraph No. 40 of the Answer with New Matter. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that two copies of the attached Plaintiff's Request for Production of Documents Directed to Defendant, David Bosak were served upon the following persons by depositing the same in the U.S. Mail, First Class, postage prepaid, on March 12, 2007, at Etters, Pennsylvania: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 C --? ? ? ? Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-1928 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT, DAVID BOSAK TO: David Bosak, Defendant c/o Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Plaintiff, through her attorney, hereby propounds the following interrogatories to the Plaintiff pursuant to Pennsylvania Rule of Civil Procedure No. 4005 et seq. to be answered within thirty (30) days from service thereof. DEFINITIONS In answering these Interrogatories the following definitions shall apply: 1. "Person" means a natural person, partnership, corporation, association, or government agency. 2. "Document" means, without limitation, the original and any non-identical copy (whether different from the original because of notes made on or attachments to such copy or otherwise) by which data or information may be communicated or maintained including, without limitation, writings, transcripts, drawings, graphs, charts, E-mails, photographs, film, videotapes, tapes, computer printouts, computer disks or tapes, data processing records, and other data compilations EXHIBIT "B" from which information can be obtained; all correspondence, telegrams, and other written communications; all contracts, agreements, confirmations, invoices, receipts, adding machine tapes, calculations, ledgers, journals and books of account; all notes, memoranda, electronic documents, analyses, reports, studies, forecasts, work papers and minutes of meetings, all books, pamphlets, newspaper and periodical articles and clippings, lists, manuals, guides and tables; and all other written, printed, typed, recorded or graphic material of any nature whatsoever. The term "document" specifically includes drafts of any of the requested materials. 3. "Pa.R.C.P." means Pennsylvania Rules of Civil Procedure. 4. "Project" means the renovations which were to be made by Defendant, David Bosak to Plaintiff, Debra Desch's house situate at 8 Patricia Drive, East Pennsboro Township, Cumberland County, Pennsylvania pursuant to the agreement between Defendant, David Bosak and Plaintiff, Debra Desch which is more fully described in the averments at Paragraph 5 in the Complaint to which the Defendants admit. INSTRUCTIONS In answering these Interrogatories the following instructions shall apply: 1. Duty to Answer - The Interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of their service upon you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended, as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of Privilege - With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to Produce Documents - In lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. J J 1. Personal Information. State: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; C. The name of your spouse at the time of the project and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security Number; h. Your military service and positions held, if any; and i. The schools you have attended and the degrees and certificates awarded, if any. ANSWER: 2. Insurance. - If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to this action, state the following with respect to each such policy. (a)' The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: 3. Damages, Losses and Expenses. List and describe all expenses, damages and losses that you have incurred because of the liability you claim the Plaintiff has regarding you in your Counterclaim, including the amount(s) claimed. ANSWER: 4. Witnesses (a) Identify each person who: (1) Was a witness to the averments set forth in the Complaint, Answer, New Matter or in the Counterclaim through sight and hearing; and/or (2) Has knowledge of facts concerning the averments set forth in the Complaint, Answer, New Matter or in the Counterclaim. ANSWER: 5. Statements. If you know of anyone that has given any statement (as defined by the Pennsylvania Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made and whether it was reduced to writing or otherwise recorded; (c) The identity of the person who has custody of such statement that was reduced to writing or otherwise recorded. ANSWER: 6. Demonstrative evidence. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the allegations of the Complaint, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; (d) The subject that each item represents or portrays. ANSWER: 7. Trial preparation material. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted an investigation of the averments set forth in the Complaint, Answer, New Matter or Counterclaim set forth in the Complaint, identify: (a) Each person and the employer of each person who conducted any investigation (s); and (b) All notes, reports, or other documents prepared during or as a result of the investigation (s) and the persons who have custody thereof. ANSWER: 8. Trial Witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 9. Expert Witnesses. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert). ANSWER: 10. Trial Exhibits. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 11. Documents. Identify any and all documents which, in any way, pertain to the allegations set forth in the Complaint, Answer with New Matter, and Counterclaim and state: (1) The type of document; (2) The date of the document; (3) The author of the document; (4) Brief summary of the contents of the document; and (5) The person or entity now in possession of the document. (You may file as your answer to this interrogatory, the document or documents).. ANSWER: 12. Prior Testimony. State whether you have ever given sworn testimony. If so, state the date, the case name, the court and docket number, if any, and to whom the testimony was given. ANSWER: 13. Prior Actions. State whether you have ever filed any civil or criminal complaint or been a defendant in a civil action other than the instant action. If so, state the date, the case name, the court and docket number, if any, and the substance of the legal action. ANSWER: 14. Criminal History - If you have at any time been charged with any criminal violations, describe the charge(s), the jurisdiction in which such charges were filed, and the disposition of the charges. ANSWER: 15. Employment - For the period of three years immediately preceding the project, state: (a) The name and address of each of your employers or, if you were self- employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; and (d) The wage, salary or rate of earnings received by you in each employment or self-employment and the amount of income from employment and self- employment for each year. ANSWER: 16. Project - State all components of the Project which remained to be completed when you last departed from the Project: ANSWER: 17. Project materials - State each and every piece of property, furnishing, appliance, equipment, supply and material which is in your possession regarding the Project stating the following: (a) The name and description of each item; and (b) The address where each item is being held. ANSWER: 18. Purchases Made to Perform the Project - State each and every piece of property, furnishing, appliance, equipment, supply and material which you purchased regarding the Project setting forth the following: (a) Name and description of each item; (b) Purchase price of each item: (c) The name of the person or entity from whom or which such item was purchased; and (d) The purchase date of such item. ANSWER: 19. Plaintiffs Alleged Demands - State the specific demands made by Plaintiff which you allege in Paragraph 39 of the Answer and New Matter stating the following: (a) Each specific demand made by the Plaintiff; (b) The date of each specific demand made by the Plaintiff; (c) Whether the demand was met by Defendant; and (d) How each demand caused delays in the completion of the Project. ANSWER: 20. Customer List - Identify each and every customer in the years 2002 through 2005 setting forth: (a) The name and address of the customer; (b) The nature of the work performed; (c) The date of completion of the work performed. ANSWER: Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that two copies of the attached Plaintiffs Interrogatories Addressed to Defendant, David Bosak were served upon the following persons by depositing the same in the U.S. Mail, First Class, postage prepaid, on March 12, 2007, at Etters, Pennsylvania: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 DEBRA DESCH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, :NO. 06-1928 Civil Term V. : CIVIL ACTION - LAW DAVID BOSAK and VALERIE HARTMAN, : JURY TRIAL DEMANDED Defendants. PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, VALERIE HARTMAN TO: Valerie Hartman, Defendant c/o Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Plaintiff, through her attorney, hereby propounds the following Request for Production of Documents to Defendant, Valerie Hartman pursuant to Pennsylvania Rule of Civil Procedure No. 4009.1 et seq. to be answered within thirty (30) days from service thereof. This Request for Production of Documents is continuing in nature and Defendant is required to provide such additional information as Defendant, attorneys for Defendant, or anyone acting on behalf of or in concert with Defendant, may have or may obtain between the time the answers are served and the time of trial. In response to this Request for Production of Documents, Defendant shall utilize the definitions and follow the instructions hereinafter set forth, each of which shall be deemed to be a material part of each request. 1. DEFINITIONS 1, "Defendant," "You" or "Your" shall mean Defendant, Valerie Hartman and her EXHIBIT "C" agents. 2. The word "document" as used herein shall be understood to mean all written, graphic, audio, or otherwise recorded matter, however produced or reproduced, in the actual or constructive possession, custody, care or control of you and your attorneys, or any of them. 3. The singular of any word used herein shall be deemed to include the plural of such word and the plural shall include the singular. II. INSTRUCTIONS The response to this Request for Production of Documents must be delivered to Plaintiff's counsel within thirty days of service hereunder under oath and in writing in accordance with the Pennsylvania Rules of Civil Procedure. With respect to each of the document requests set forth herein, produce all documents which are known to you or which can be located or discovered by you through diligent effort on the part of you, your representatives, attorneys or accountants, including but not limited to all documents which are in possession of your or your representatives, attorneys, or accountants. Please categorize each document so as to conform to the numbered request. Ill. REQUEST FOR PRODUCTION OF DOCUMENTS 1. Any documents relating to any statement, oral or written, taken or received by Defendant of a potential witness or persons with knowledge of facts pertinent to this lawsuit, including any documents reflecting any statement (oral or written). 2. Any and all documents identified and/or relied upon by Defendant in responding to Plaintiff's Interrogatories Addressed to Defendant, Valerie Hartman. 3. Any and all documents provided to Defendant or her counsel by an expert retained by or on behalf of Defendant. 4. Any and all documents provided by Defendant or her counsel to any expert retained by or on behalf of Defendant. 5. A copy of any of the materials identified in Defendant's answer to Plaintiffs Interrogatory No. 5. 6. A copy of any and all materials identified in Defendant's answer to Plaintiff's Interrogatory No. 6. 7. A copy of any and all materials identified in Defendant's answer to Plaintiff's Interrogatory No. 7. 8. A copy of any and all expert reports identified in Defendant's answer to Plaintiff's Interrogatory No. 9. 9. A copy of the curriculum vitae of any expert whose testimony Defendant intends to present at trial. 10. A copy of any and all trial exhibits identified in Defendant's answer to Plaintiff's Interrogatory No. 10. 11. A copy of any and all materials identified in Defendant's answer to Plaintiff's Interrogatory No. 11. 12. A copy of all bank statements and canceled checks for any checking or savings account held by Defendant in 2004 and in 2005. 13. Any and all personal records, calendars, diaries, notes, tapes or records of any kind referring to or relating in any way to the allegations set forth in the Complaint, Answer, New Matter or Counterclaim. 14. Any and all documents prepared by Defendant, David Bosak of any kind referring to or relating in any way to the allegations set forth in the Complaint, Answer, New Matter or Counterclaim. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that two copies of the attached Plaintiff's Request for Production of Documents Directed to Defendant, Valerie Hartman were served upon the following persons by depositing the same in the U.S. Mail, First Class, postage prepaid, on March 12, 2007, at Etters, Pennsylvania: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT, VALERIE HARTMAN TO: Valerie Hartman, Defendant c/o Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Plaintiff, through her attorney, hereby propounds the following interrogatories to the Plaintiff pursuant to Pennsylvania Rule of Civil Procedure No. 4005 et seq. to be answered within thirty (30) days from service thereof. DEFINITIONS In answering these interrogatories the following definitions shall apply: 1. "Person" means a natural person, partnership, corporation, association, or government agency. 2. "Document" means, without limitation, the original and any non-identical copy (whether different from the original because of notes made on or attachments to such copy or otherwise) by which data or information may be communicated or maintained including, without limitation, writings, transcripts, drawings, graphs, charts, E-mails, photographs, film, videotapes, tapes, computer printouts, computer disks or tapes, data processing records, and other data compilations EXHIBIT "D" from which information can be obtained; all correspondence, telegrams, and other written communications; all contracts, agreements, confirmations, invoices, receipts, adding machine tapes, calculations, ledgers, journals and books of account; all notes, memoranda, electronic documents, analyses, reports, studies, forecasts, work papers and minutes of meetings, all books, pamphlets, newspaper and periodical articles and clippings, lists, manuals, guides and tables; and all other written, printed, typed, recorded or graphic material of any nature whatsoever. The term "document" specifically includes drafts of any of the requested materials. 3. "Pa.R.C.P." means Pennsylvania Rules of Civil Procedure. 4. "Project" means the renovations which were to be made by Defendant, David Bosak to Plaintiff, Debra Desch's house situate at 8 Patricia Drive, East Pennsboro Township, Cumberland County, Pennsylvania pursuant to the agreement between Defendant, David Bosak and Plaintiff, Debra Desch which is more fully described in the averments at Paragraph 5 in the Complaint to which the Defendants admit. INSTRUCTIONS In answering these Interrogatories the following instructions shall apply: 1. Duty to Answer - The Interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of their service upon you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended, as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of Privilege - With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to Produce Documents - In lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 1. Personal Information. State: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; C. The name of your spouse at the time of the project and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security Number; h. Your military service and positions held, if any; and i. The schools you have attended and the degrees and certificates awarded, if any. ANSWER: 2. Insurance. - If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to this action, state the following with respect to each such policy. (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: I Damages, Losses and Expenses. List and describe all expenses, damages and losses that you have incurred because of the liability you claim the Plaintiff has regarding you in your Counterclaim, including the amount(s) claimed. ANSWER: 4. Witnesses (a) Identify each person who: (1) Was a witness to the averments set forth in the Complaint, Answer, New Matter or in the Counterclaim through sight and hearing; and/or (2) Has knowledge of facts concerning the averments set forth in the Complaint, Answer, New Matter or in the Counterclaim. ANSWER: 5. Statements. If you know of anyone that has given any statement (as defined by the Pennsylvania Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made and whether it was reduced to writing or otherwise recorded; (c) The identity of the person who has custody of such statement that was reduced to writing or otherwise recorded. ANSWER: 6. Demonstrative evidence. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the allegations of the Complaint, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; (d) The subject that each item represents or portrays. ANSWER: 7. Trial preparation material. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted an investigation of the averments set forth in the Complaint, Answer, New Matter or Counterclaim set forth in the Complaint, identify: (a) Each person and the employer of each person who conducted any investigation (s); and (b) All notes, reports, or other documents prepared during or as a result of the investigation (s) and the persons who have custody thereof. ANSWER: 8. Trial Witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 9. Expert Witnesses. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert). ANSWER: 10. Trial Exhibits. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: ? 11. Documents. Identify any and all documents which, in any way, pertain to the allegations set forth in the Complaint, Answer with New Matter, and Counterclaim and state: (1) The type of document; (2) The date of the document; (3) The author of the document; (4) Brief summary of the contents of the document; and (5) The person or entity now in possession of the document. (You may file as your answer to this interrogatory, the document or documents).. ANSWER: 12. Prior Testimony. State whether you have ever given sworn testimony. If so, state the date, the case name, the court and docket number, if any, and to whom the testimony was given. ANSWER: 13. Prior Actions. State whether you have ever filed any civil or criminal complaint or been a defendant in a civil action other than the instant action. If so, state the date, the case name, the court and docket number, if any, and the substance of the legal action. ANSWER: 14, Criminal History - If you have at any time been charged with any criminal violations, describe the charge(s), the jurisdiction in which such charges were filed, and the disposition of the charges. ANSWER: 15. Employment -- For the period of three years immediately preceding the project, state: (a) The name and address of each of your employers or, if you were self- employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; and (d) The wage, salary or rate of earnings received by you in each employment or self-employment and the amount of income from employment and self- employment for each year. ANSWER: 16. Birth of Child - Regarding the birth of the child referenced in Paragraph 8 of the Answer and New Matter state the following: (a) The name of the child; (b) The name and address of the hospital at which the child was born; and (c) The date of discharge of the child from the hospital. ANSWER: 17. Bank Accounts - Identify each and every bank, credit union, savings and loan, and financial institution into which you deposited the checks written to you by Plaintiff as referenced in Paragraph 6 of the Complaint and admitted by you in Paragraph 6 of the Answer and New Matter and state the following: a. The name of the bank, credit union, savings and loan, and financial institution; b. The address of the bank, credit union, savings and loan, and financial institution; C. The account number; and d. The names and addresses of the persons owning the account. ANSWER: Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that two copies of the attached Plaintiff's Interrogatories Addressed to Defendant, Valerie Hartman were served upon the following persons by depositing the same in the U.S. Mail, First Class, postage prepaid, on March 12, 2007, at Etters, Pennsylvania: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 v CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Plaintiffs Motion to Compel Response to Written Discovery was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on March 26, 2007: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendants c3x?? Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 t:.? C ?? ? -, -.-? -? -^!" -n , ?= ? t? ? ?rl' _? :; " l?? ?,, .a [OCT 3 0 207rs/ DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this 2'0 day of tj,, ,,,,,c,,x- , 2007, upon consideration of Plaintiffs Motion to Compel Response to Written Discovery, which is unopposed, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants shall provide the Plaintiff with a response to the Plaintiff's interrogatories and request for production of documents within thirty (30) days from the date of this Order. BY THE COURT: Distribution: en C. Welch, Esquire, 1101 North Front Street, Harrisburg, PA 17102 ?ichard C. Seneca, Esquire, 564 Old York Road, Etters, PA 17319 Q? I I IWV Z- M LOOZ PRAECIPE FOR LLSTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (enure caption must be stated in full) (check one) DEBRA DESCH, (Plaintiff) VS. DAVID BOSAK and VALERIE HARTMAN VS. (Defendant) L Civil ACtlon - Law ? Appeal from arbitration (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretriah No. 06-1928 Civil TeFm Term indicate the attorney who will try case for the party who files this praecipe: Richard C. Seneca, Esquire Indicate trial counsel for other parties if known: Allen C. Welch, Esquire This case is ready for trial. Date: March 2, 2009 Signed: Print Name: Richard C. Seneca, Esq Attorney for: P l a i nt i f f 4 CERTIFICATE OF SERVICE I hereby certify that on this 2 L day of March 2009, the attached Praecipe for Listing Case for Trial was served upon the following counsel for Defendants by depositing the same in the United States Mail, First Class, postage prepaid, at Etters, Pennsylvania and addressed as follows: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 } A?,/l? .? YY\$ F Sl t T•ro ? ^ 1 t- 1, f? y cri Y . ?_ a DEBRA DESCH, Plaintiff v DAVID BOSAK and VALERIE HARTMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-1928 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 2nd day of June, 2009, upon consideration of the call of the civil trial list, and pursuant to an agreement of both counsel, as indicated in open court, this case is stricken from the trial list. By the Court, ?Richard C. Seneca, Esquire 409 S. Second Street Suite 2A Harrisburg, PA 17104 For Plaintiff ./Allen C. Welch, Esquire 1101 North Front Street Harrisburg, Pa 17102 For Defendants Court Administrator :mae -es'.' LL P ," J. "t -r L £t3- - tr1 '? `4 Lc- ,,t -P", t"1?ku ?,ooq Jtw - 3 i9m t 'r . . PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DEBRA DESCH, (other) (Plaintiff) vs. DAVID BOSAK and VALERIE HARTMAN, (Defendant) VS. The trial list will be called on 8 - 2 5 - 0 9 and Trials commence on 9-21-09 Pretrials will be held on 9 - 2 - 0 9 (Briefs are due S days before pretrials No. 06-1928 Civil Teem Term Indicate the attorney who will try case for the party who files this praecipe: Richard C. Seneca, Esq. Indicate trial counsel for other parties if known: Allen C. Welch, Esquire This case is ready for trial. Signed`. Print Name: Richard C. Seneca, Esq. Date: July 30, 2009 Attorney for: Plaintiff (check one) ® Civil Action - Law ? Appeal from arbitration 1 f 4 It . CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Praecipe for Listing Case for Trial was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on July 30, 2009, addressed as follows: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendants Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 CAI-ML FILED OF THE 2609 JIUL 33 f,si @: 3j $&5,00 QO ATT"I CASO P-I* oug(pol a.? DEBRA DESCH, Plaintiff V. DAVID BOSAK and VALERIE HARTMAN, Defendants #10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 CIVIL TERM CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, September 2, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Richard C. Seneca, Esquire, and present for the Defendants was Allen C. Welch, Esquire. This is a construction case where the amount in controversy would seem to dictate that this matter be referred to arbitration. Provided, however, that in order to end this longstanding dispute without further delay, we have agreed to schedule a bench trial before this Court commencing at 11:00 a.m. on Thursday, September 24, 2009. If either party objects to this matter being tried before a judge rather than a jury, the objection shall be made by close of business on September 14, 2009, in which case we will take appropriate steps to refer the matter to arbitration. The parties are directed to pre-mark all exhibits and exchange them with opposing counsel prior to the time of trial. Settlement negotiations are ongoing. It appears to the Court that there are some reasonable settlement proposals on the table and that settlement is well within the realm of possibility. Richard C. Seneca, Esquire Attorney for Plaintiff Allen C. Welch, Esquire Attorney for Defendants Prothonotary Court Administrator srs THE: 2609 SEP -L Pm l : 4 ? 1,??ye? tY ?,,„A DEBRA DESCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 06-1928 DAVID BOSAK and VALERIE HARTMAN, Defendants: CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24th day of September, 2009, after hearing, we award the Plaintiff actual damages of $13,868 against Defendant David Bosak. We find that treble damages are appropriate under the Consumer Protection Law thereby making the award $41,604. We further award Plaintiff counsel fees against Defendant Bosak in the amount of $4,564.05. We find in favor of Defendant Valerie Hartman. Counsel is granted 15 days to submit an updated statement of fees incurred in the month of September, and we reserve the right to amend the award in accordance therewith. Zichard C. Seneca, Esquire Attorney for Plaintiff ,,kTlen C. Welch, Esquire Attorney for Defendants :mlc 4 FlLED-OFTCE OF THE PROTHONOTARY 204 SEP 30 AM 1 { * 53 CUMK,-HLA,4jD C OJNTY PEi MAW DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO AMEND ORDER OF COURT AND NOW, comes Plaintiff, Debra Desch, by and through her counsel, to respectfully request that this Honorable Court amend its Order of Court, dated September 24, 2009, to include additional counsel fees and costs, and in support thereof avers as follows: 1. This action was tried before The Honorable Edward E. Guido, Jr. on September 24, 2009, during which this Honorable Court found in favor of Plaintiff and against Defendant, David Bosak and awarded to Plaintiff damages in the amount of $41,604.00 and counsel fees in the amount of $4,564.05. A copy of this Honorable Court's Order is attached here as Exhibit "A." 2. This Honorable Court further granted Plaintiff's counsel fifteen days to submit an updated statement of fees incurred in the month of September and reserved the right to amend the award in accordance therewith. 3. Plaintiff's counsel fees and costs incurred in September 2009 in preparation for and attendance at trial are $2,734.45. 1 4. The total amount of attorneys fees and costs are, therefore, $7,298.50. A copy of the counsel's updated statement of fees and costs is attached hereto as Exhibit "B." 5. The undersigned counsel sought the concurrence in this motion of counsel for Defendants on October 7, 2009, and counsel for Defendants does not oppose the same. WHEREFORE, Plaintiff, Debra Desch respectfully requests that this Honorable Court amend its Order of Court, dated September 24, 2009, to award Plaintiff counsel fees and costs against Defendant, David Bosak, in the amount of $7,298.50. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff 2 DEBRA DESCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 06-1928 DAVID BOSAK and VALERIE HARTMAN, : Defendants: CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24th day of September, 2009, after hearing, we award the Plaintiff actual damages of $13,868 against Defendant David Bosak. We find that treble damages are appropriate under the Consumer Protection Law thereby making the award $41,604. We further award Plaintiff counsel fees against Defendant Bosak in the amount of $4,564.05. We find in favor of Defendant Valerie Hartman. Counsel is granted 15 days to submit an updated statement of fees incurred in the month of September, and we reserve the right to amend the award in accordance therewith. Richard C. Seneca, Esquire Attorney for Plaintiff Allen C. Welch, Esquire Attorney for Defendants :mlc EXHIBIT "A" Date: 10/07/2009 Tabs3 Client Ledger Report Y Richard C. Seneca, Attorney At Law Primary Timekeeper: 1 Richard C. Seneca, Esquire From 12/30/2005 Thru 10/07/2009 Pace:1 Fee Expense Advance Payment Apply to Date Ref # Stmt # Amount Hours Amount Amount Amount Stmt # Bill Total Balance Due 11.000OM Doach/Debra RE: 12/30/2005 1 25.00 25.00 25.00 01/09/2006 2 70 _ 25.OOR _ 0.00 02101/2006 3 70 _ 0.00 04/30/2006 4 395 850.00 6.80 106.05 956.05 956.05 05110/2006 5 608 956.05R _ 0.00 05/31/2006 6 608 150.00 1.20 150.00 150.00 06/0712006 7 730 150.OOR 0.00 07/01/2006 8 730 200.00 1.70 200M 200.00 07/07/2006 9 856 200.OOR 0.00 08/01/2006 10 856 0.00 09101/2006 11 977 25.00 0.20 25M 25.00 09/25/2006 12 1104 _ 25.OOR 0.00 10/01/2006 13 1104 0.00 11/01/2006 14 1228 12.50 0.10 _ 12.50 12.50 11/14/2006 15 1359 _ 12.50R 0.00 1210112006 16 1359 0.00 01 /31 /2007 17 1689 50.00 0.40 50.00 50.00 02/15/2007 18 1796 50.00R 0.00 02/28/2007 19 1796 _ 0.00 04101/2007 20 1901 375.00 3.00 16.18 391.18 391.18 04130/2007 21 2022 _ 391.18 05/11/2007 22 2397 391.18R _ 0.00 06/01/2007 23 2397 0.00 10/31/2007 24 3308 200.00 1.60 15.28 215.28 215.28 11120/2007 25 3504 215.28R 0.00 12/01/2007 26 3504 37.50 0.30 0.41 37.91 37.91 12/31/2007 27 3710 37.91 R 0.00 01/01/2008 28 3710 0.00 01131/2008 29 3817 75.00 0.60 4.98 79.98 7998 02/17/2008 30 3930 79.98R 0.00 03102/2008 31 3930 0.00 05/31/2008 32 4399 87.50 0.70 87.50 87.50 06/25/2008 33 4518 87.50R 0.00 06/3012008 34 4518 150.00 1.20 8.79 158.79 158.79 07/16/2008 35 4629 158.79R 0.00 08/02/2008 36 4629 62.50 0.50 62.50 62.50 08/2712008 37 4747 62.50R 0.00 08131/2008 38 4747 0.00 09/30/2008 39 4990 475.00 3.80 142.95 617.95 617.95 10117/2008 40 5111 617.95R 0.00 10/31/2008 41 5111 50.00 0.40 2.91 125.00 177.91 177.91 11/3012008 42 5235 37.50 0.30 37.50 215.41 12/12/2008 43 5361 215.41 R 0.00 12131/2008 44 5361 25.00 0.20 25.00 25.00 0113112009 45 5616 25.00 02/11/2009 46 5716 25.OOR 0.00 02/2812009 47 5716 0.00 03/31/2009 48 5930 162.50 1.30 25.00 187.50 187.50 04/30/2009 49 6041 187.50 05/13/2009 50 6345 187.50R 0.00 05/31/2009 51 6345 0.00 06/30/2009 52 6466 250.00 2.00 250.00 250.00 07/31/2009 53 6585 62.50 0.80 25.50 88.00 338.00 08/18/2009 54 6704 338.OOR 0.00 08/31/2009 55 6704 725.00 6.70 3.50 728.50 728.50 09/2512009 56 6915 728.50R 0.00 09/30/2009 57 6915 2,687.50 26.90 46.95 2,734.45 2,734.45 Subtotal 6,775.00 60.70 124.50 399.00 4,564.05 7,298,50 ' 2,734.45 Total for Primary Timekeeper 1 6,775.00 60.70 124.50 399.00 4,564.05 7,298.50 2,734.45 I B I T "B" Wednesday 10/072009 3:45 pm CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Plaintiff's Motion to Amend Order of Court was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on October 8, 2009, addressed as follows: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendants Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Cc}{r ?'7ARY 2 0 0 9 0 C- -8 A1'°i i ?Iq 8 OCT 0 y 2009 6 DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED ORDER OF COURT AND NOW, this !ate day of 0 06 , 2009, upon consideration of Plaintiff's Motion to Amend Order of Court, this Court's Order of September 24, 2009, following a bench trial, is hereby amended as follows: Plaintiff is awarded actual damages of $13,868 against Defendant, David Bosak. We find that treble damages are appropriate under the Consumer Protection Law thereby making the award $41,604. We further award Plaintiff counsel fees and costs against Defendant Bosak in the amount of $7,298.50. We find in favor of Defendant, Valerie Hartman. trf, By the Edward E. Guido, J. Distribution: chard C. Seneca, Esquire, 564 Old York Road, Etters, PA 17319 Attorney for Plaintiff lien C. Welch, Esquire, 1101 North Front Street, Harrisburg, PA 17102 1 Attorney for Defendants. R LU" il-rivl: OF The 2009 OGT 12 P 3: 3 E CUer_ u'?1'Y p' 1_' !' VA 4 DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT ON DECISION IN NONJURY TRIAL TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant, David Bosak in the amount of $48,902.50 on the attached decision of the Court dated October 12, 2009, rendered following trial without a jury, no timely post-trial motions having been filed, and as follows: Damages under the Consumer Protection Law $41,604.00 ? Attorney's Fees 7,298.50 Total Amount: $48,902.50 I hereby certify, pursuant to Pa.R.C.P. No. 237, that on December 5, 2009, a copy of this Praecipe was mailed by United States mail, First Class, postage prepaid, deposited at Etters, Pennsylvania to the following attorney of record for Defendants: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17101 ' n Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 December 5, 2009 Attorney for Plaintiff, Debra Desch 3 Vim. OCT 0 9 2009 DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED ORDER OF COURT AND NOW, this 1? day of 0 6w^-, 2009, upon consideration of Plaintiff's Motion to Amend Order of Court, this Court's Order of September 24, 2009, following a bench trial, is hereby amended as follows: Plaintiff is awarded actual damages of $13,868 against Defendant, David Bosak. We find that treble damages are appropriate under the Consumer Protection Law thereby making the award $41,604. We further award Plaintiff counsel fees and costs against Defendant Bosak in the amount of $7,298.50. We find in favor of Defendant, Valerie Hartman. By the Court,- Edward E. Guido, J. Distribution: Richard C. Seneca, Esquire, 564 Old York Road, Etters, PA 17319 Attorney for Plaintiff Allen C. Welch, Esquire, 1101 North Front Street, Harrisburg, PA 17102 Attornev for Defendants. 2009 DEC -1 PM 12: 2 : d, o 2- 416 R? 2- 3Y317 ?v;ce- iv-*- h e ck DEBRA DESCH, Plaintiff, V. DAVID BOSAK and VALERIE HARTMAN, Defendant. TO: Allen C. Welch, Esquire 1101 North Front Street Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1928 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE Attorney for Defendants, David Bosak and Valerie Hartman Pursuant to Rule 236, you are hereby notified that a judgment in the amount of $48,902.50 has been entered against Defendant, David Bosak on the decision of the Court, dated October 12, 2009, in the above-captioned proceeding, and a copy thereof is enclosed, as follows: Damages under the Consumer Protection Law $41,604.00 Attorney's Fees 7,298.50 Total Amount: $48,902.50 1-51 d'-Z" A e* Prothonotary 7A Dated: p-?c?r?i?t / ?G U y 3 OCT 0 9 2009 G, DEBRA DESCH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 06-1928 Civil Term CIVIL ACTION - LAW DAVID BOSAK and VALERIE HARTMAN, : JURY TRIAL DEMANDED Defendants. AMENDED ORDER OF COURT AND NOW, this 1a day of 0 66re^ , 2009, upon consideration of Plaintiff's Motion to Amend Order of Court, this Court's Order of September 24, 2009, following a bench trial, is hereby amended as follows: Plaintiff is awarded actual damages of $13,868 against Defendant, David Bosak. We find that treble damages are appropriate under the Consumer Protection Law thereby making the award $41,604. We further award Plaintiff counsel fees and costs against Defendant Bosak in the amount of $7,298.50. We find in favor of Defendant, Valerie Hartman. By the C,ou'rt, i Distribution: Edward E. Guido, J. Richard C. Seneca, Esquire, 564 Old York Road, Etters, PA 17319 Attorney for Plaintiff Allen C. Welch, Esquire, 1101 North Front Street, Harrisburg, PA 17102 Attorney for Defendants.