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COMM OF PA OFFICE OF ATTY GENERAL VS HARRIGAN
A Contracts Other case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of Philadelphia County, PA. Judge FOX, IDEE C presiding.
Case Details
Case Number
Filing Date
July 01, 2011
Last Refreshed
May 11, 2021
Filing Location
Philadelphia County, PA
OTHER JUDGES ON THIS CASE
Sandra Mazer Moss;Category
CONTRACTS OTHER
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Default Judgment
OTHER JUDGES ON THIS CASE
Parties
Plaintiffs
Comm Of Pa Office Of Atty General
Attorneys for Plaintiffs
Frasch, Sarah A E
Defendants
Harrigan, Voncel
Other Parties
Fox, Idee C
(Judge)
Moss, Sandra M
(Team Leader)
Case Documents
Case Events
| Date | Type | Description | |
|---|---|---|---|
| April 23, 2012 | OTHER EVENT CANCELLED | ||
| April 23, 2012 | Docket Event |
OTHER EVENT CANCELLED 84-11070284 MOTION HEARING DISPOSED. PLEASE SEE ORDER ENTERED BY THE COURT ON 9/13/11. |
|
| September 13, 2011 |
ORDER ENTERED/236 NOTICE GIVEN 84-11070284 AND NOW, THIS 13TH DAY OF SEPTEMBER, 2011 IT IS HEREBY ORDERED: A. DEFENDANT, HIS AGENTS, EMPLOYEES, SUCCESSORS AND ALL OTHER PERSONS ACTING ON HIS BEHALF, DIRECTLY OR THROUGH ANY CORPORATE OR ANY OTHER ENTITY ARE PERMANENTLY ENJOINED FROM VIOLATING THE CONSUMER PROTECTION LAW AND ANY AMENDMENTS THERETO AND THE FICTITIOUS NAMES ACT AND ANY AMENDMENTS THERETO INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 1. SECTION 201-2(4)(II) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS "CAUSING LIKELIHOOD OF CONFUSION OR OF MISUNDERSTANDING AS TO THE SOURCE, SPONSORSHIP, APPROVAL OR CERTIFICATION OF GOODS OR SERVICES"; 2. SECTION 201-2(4)(III) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS "CAUSING LIKELIHOOD OF CONFUSION OR OF MISUNDERSTANDING AS TO AFFILIATION, CONNECTION OR ASSOCIATION WITH, OR CERTIFICATION BY, ANOTHER"; 3. SECTION 201-2(4)(V) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS "REPRESENTING THAT GOODS OR SERVICES HAVE SPONSORSHIP, APPROVAL, CHARACTERISTICS, INGREDIENTS, USES, BENEFITS OR QUANTITIES THAT THEY DO NOT HAVE OR THAT A PERSON HAS A SPONSORSHIP, APPROVAL, STATUS, AFFILIATION OR CONNECTION THAT HE DOES NOT HAVE"; 4. SECTION 201-2(4)(IX) OF THE CONSUMER PROTECTION LAW WHICH PROHIBITS "ADVERTISING GOODS OR SERVICES WITH INTENT NOT TO SELL THEM AS ADVERTISED"; 5. SECTION 201-2(4)(XXI) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS "ENGAGING IN ANY OTHER FRAUDULENT OR DECEPTIVE CONDUCT WHICH CREATES A LIKELIHOOD OF CONFUSION OR OF MISUNDERSTANDING"; 6. SECTION 303 OF THE FICTITIOUS NAMES ACT, WHICH PROHIBITS USING ASSUMED OR FICTITIOUS NAMES OTHER THAN THE DEFENDANT'S PROPER NAME WITHOUT REGISTERING THOSE ASSUMED OR FICTITIOUS NAMES"; 7. SECTION 201-7(B)(1) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS FAILING TO PROVIDE CONSUMERS WITH THE RIGHT OF RESCISSION IN THE CONTRACT; 8. SECTION 201-7(B)(2) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS FAILING TO INCLUDE THE NOTICE OF CANCELLATION IN THE CONTRACT; AND 9. SECTION 201-7(D) OF THE CONSUMER PROTECTION LAW, WHICH PROHIBITS FAILING TO ORALLY NOTIFY CONSUMERS OF THEIR RIGHT OF RESCISSION. B. DEFENDANT IS REQUIRED TO PAY THE COMMONWEALTH THE SUM TOTAL OF EIGHTY-FIVE THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($85,100.00) WHICH REPRESENTS THE FOLLOWING: 1. RESTITUTION IN THE AMOUNT OF FORTY-FIVE THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($45,100.00) TO REIMBURSE THE CONSUMERS WHOM INCURRED Damages AS A RESULT OF THE DEFENDANT'S BUSINESS PRACTICES AS SET FORTH ABOVE. 2. A CIVIL PENALTY IN THE AMOUNT OF THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($35,000.00), FOR VIOLATIONS OF THE CONSUMER PROTECTION LAW, CALCULATED IN THE FOLLOWING MANNER: (A) TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) FOR FIVE (5) VIOLATIONS AT ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) EACH FOR EACH OF THE FOUR (4) CONSUMERS UNDER THE AGE OF SIXTY (60); (B) FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) FOR FIVE (5) VIOLATIONS AT THREE THOUSAND AND 00/100 DOLLARS ($3,000.00) EACH FOR ONE (1) CONSUMER AGE OF SIXTY (60) OR OLDER; 3. COSTS AND ATTORNEY FEES IN THE AMOUNT OF FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00). C. DEFENDANT SHALL MAKE THE PAYMENT IN THE FORM OF CERTIFIED CHECK, ATTORNEY'S CHECK OR MONEY ORDER PAYABLE TO THE COMMONWEALTH OF PENNSYLVANIA AND DELIVER IT TO PENNSYLVANIA OFFICE OF ATTORNEY GENERAL, BUREAU OF CONSUMER PROTECTION, ATTENTION: SARAH A. E. FRASCH, DEPUTY ATTORNEY GENERAL, 21 SOUTH 12TH STREET, 2ND FLOOR, PHILADELPHIA, PENNSYLVANIA 19107. D. THE COMMONWEALTH SHALL DISTRIBUTE THE RESTITUTION TO ALL ELIGIBLE CONSUMERS. E. DEFENDANT IS ORDERED TO FORFEIT HIS RIGHT TO ENGAGE IN ANY BUSINESS WITHIN THE COMMONWEALTH UNTIL HE HAS: 1. MADE FULL RESTITUTION TO EACH AND EVERY CONSUMER LISTED ABOVE IN THE AMOUNTS INDICATED; AND 2. PAID THE CIVIL PENALTY, COSTS AND ATTORNEY FEES TO THE COMMONWEALTH REFERRED TO IN PARAGRAPH (B)(2) AND (3) ABOVE. F. PRIOR TO ENGAGING IN ANY BUSINESS IN THE COMMONWEALTH, DEFENDANT SHALL GIVE WRITTEN NOTICE TO THE COMMONWEALTH THROUGH THE OFFICE OF ATTORNEY GENERAL, BUREAU OF CONSUMER PROTECTION, PHILADELPHIA REGIONAL OFFICE, 21 SOUTH 12TH STREET, SECOND FLOOR, PHILADELPHIA, PENNSYLVANIA 19107, AS TO THE LOCATION OF SUCH BUSINESS AND THE PURPOSE THEREOF. SEE ORIGINAL ADJUDICATION ATTACHED. BY THE COURT: IDEE C. FOX, J. 9/13/2011 |
||
| September 13, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| September 13, 2011 | ORDER ENTERED/236 NOTICE GIVEN | ||
| September 13, 2011 |
AFFIDAVIT OF SERVICE FILED AFFIDAVIT OF SERVICE OF COURT ORDER DATED AUGUST 2, 2011 UPON VONCEL HARRIGAN BY FIRST CLASS REGULAR MAIL ON 08/04/2011 FILED. (FILED ON BEHALF OF COMM OF PA OFFICE OF ATTY GENERAL) |
||
| September 13, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 14-SEP-2011 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 13-SEP-2011. |
|
| August 02, 2011 | MOTION HEARING SCHEDULED | ||
| August 02, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| August 02, 2011 |
ORDER ENTERED/236 NOTICE GIVEN 84-11070284 AND NOW, THIS 2ND DAY OF AUGUST, 2011 UPON CONSIDERATION OF THE MOTION FILED BY THE COMMONWEALTH OF PENNSYLVANIA AND NO RESPONSE THERETO, IT IS HEREBY ORDERED AND DECREED THAT A DEFAULT JUDGMENT IS ENTERED AGAINST DEFENDANT, VONCEL HARRIGAN, INDIVIDUALLY AND DOING BUSINESS AS H20 CONTRACTORS AND HARRIGAN'S 2ND OPERATION. AN ASSESSMENT OF Damages HEARING IS NOW SCHEDULED FOR SEPTEMBER 13, 2011 AT 10:00 A.M. IN COURT ROOM 426, CITY HALL. PETITIONER SHALL SERVE A COPY OF THIS ORDER AND THE UNDERLYING PETITION ON ALL PARTIES OF INTEREST. BY THE COURT: IDEE C. FOX, J. 8/2/2011 |
||
| August 02, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 04-AUG-2011 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 02-AUG-2011. |
|
| August 02, 2011 | Docket Event | MOTION HEARING SCHEDULED |
|
| July 27, 2011 | MOTION ASSIGNED | ||
| July 27, 2011 | Docket Event |
MOTION ASSIGNED 84-11070284 MISCELLANEOUS MOTION ASSIGNED TO JUDGE: FOX, IDEE C. ON DATE: JULY 27, 2011 
|
|
| July 01, 2011 |
MISCELLANEOUS MOTION/PETITION 84-11070284 RESPONSE DATE 07/25/2011. MOTION TO ENTER ADJUDICATION OF THE DEFAULT JUDGMENT ENTERED AGAINST DEFENDANT (FILED ON BEHALF OF COMM OF PA OFFICE OF ATTY GENERAL) |
||
| July 01, 2011 |
JUDGMENT BY DEFAULT/FINAL DISP PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED. JUDGMENT IN FAVOR OF COMM OF PA OFFICE OF ATTY GENERAL AND AGAINST VONCEL HARRIGAN FOR FAILURE TO FILE ANSWER WITHIN REQUIRED TIME. PRO-PROTHONOTARY. NOTICE UNDER RULE 236 GIVEN. NOTICE UNDER 237.5 GIVEN. AFFIDAVIT OF NON-MILITARY SERVICE FILED . Damages ASSESSED: $85,100.00 |
||
| May 24, 2011 | LISTED IN TRIAL READY POOL | ||
| May 24, 2011 | LISTED FOR PRE-TRIAL CONF | ||
| May 24, 2011 | NOTICE GIVEN UNDER RULE 236 | ||
| May 24, 2011 |
CASE MANAGEMENT ORDER ISSUED IT IS ORDERED THAT THE ABOVE CAPTIONED MATTER IS HEREBY ASSIGNED TO THE SEPTEMBER POOL AND COUNSEL SHOULD ANTICIPATE TRIAL TO BEGIN EXPEDITIOUSLY THEREAFTER. COUNSEL AND PARTIES WILL BE NOTICED FOR TRIAL TO TAKE PLACE DURING THE DESIGNATED TRIAL POOL MONTH. ALL COUNSEL AND PARTIES MUST IMMEDIATELY NOTIFY THE COURT IN WRITING OF ANY SCHEDULING CONFLICTS, INCLUDING TRIAL ATTACHMENTS AND PRE-PAID VACATIONS, AND ARE UNDER A CONTINUING OBLIGATION TO NOTIFY THE COURT OF ANY SUBSEQUENT TRIAL ATTACHMENTS DURING THE TRIAL POOL MONTH. THE COURT WILL NOT RECOGNIZE ANY UNTIMELY CONFLICT NOTIFICATIONS. FAILURE TO NOTIFY THE COURT OF ANY SCHEDULING CONFLICTS WILL RESULT IN THE ISSUANCE OF APPROPRIATE SANCTIONS. AND NOW, 24-MAY-2011, IT IS ORDERED THAT: 1. THE CASE MANAGEMENT AND TIME STANDARDS ADOPTED FOR EXPEDITED TRACK CASES SHALL BE APPLICABLE TO THIS CASE AND ARE HEREBY INCORPORATED INTO THIS ORDER. 2. ALL DISCOVERY IN THE ABOVE MATTER SHALL BE COMPLETED NOT LATER THAN 07-MAY-2012. 3. PLAINTIFF'S EXPERT REPORT, IF APPLICABLE, INCLUDING ANY SUPPLEMENTAL REPORT, IS TO BE SERVED ON OPPOSING COUNSEL AND/OR OPPOSING PARTY ON OR BEFORE 07-MAY-2012. 4. DEFENDANT'S AND ANY ADDITIONAL DEFENDANTS' EXPERT REPORT IS TO BE SERVED ON OPPOSING COUNSEL AND/OR OPPOSING PARTY ON OR BEFORE 04-JUN-2012. 5. ALL PRE-TRIAL AND DISPOSITIVE MOTIONS MUST BE FILED NO LATER THAN 04-JUN-2012. 6. A MANDATORY PRE-TRIAL SETTLEMENT CONFERENCE WILL BE SCHEDULED ANY TIME AFTER 06-AUG-2012. EARLIER LISTINGS WILL BE SCHEDULED AT THE DISCRETION OF THE COURT. COUNSEL MUST APPEAR AT THE MANDATORY PRE-TRIAL SETTLEMENT CONFERENCE WITH KNOWLEDGE OF THE CASE AND SETTLEMENT AUTHORITY. FAILURE TO COMPLY WITH THIS DIRECTIVE WILL RESULT IN SANCTIONS IN THE AMOUNT OF $100.00. NOTICE WILL BE SENT TO ALL PARTIES AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE CONFERENCE. TEN (10) DAYS PRIOR TO THE CONFERENCE, ALL COUNSEL SHALL SERVE UPON ALL OPPOSING COUNSEL AND/OR OPPOSING PARTIES AND FILE WITH THE COURT A PRE-TRIAL SETTLEMENT MEMORANDUM CONTAINING THE FOLLOWING: (a) A CONCISE SUMMARY OF THE NATURE OF THE CASE IF PLAINTIFF OR THE DEFENSE IF DEFENDANT OR ADDITIONAL DEFENDANT; (b) A LIST OF ALL WITNESSES WHO MAY BE CALLED TO TESTIFY AT TRIAL BY NAME AND ADDRESS. COUNSEL SHOULD EXPECT WITNESSES NOT LISTED TO BE PRECLUDED FROM TESTIFYING AT TRIAL; (c) A LIST OF ALL EXHIBITS THE PARTY INTENDS TO OFFER INTO EVIDENCE. ALL EXHIBITS SHALL BE PRE-NUMBERED AND SHALL BE EXCHANGED AMONG COUNSEL PRIOR TO THE CONFERENCE. COUNSEL SHOULD EXPECT ANY EXHIBIT NOT LISTED TO BE PRECLUDED AT TRIAL; (d) PLAINTIFF SHALL LIST AN ITEMIZATION OF INJURIES OR Damages SUSTAINED TOGETHER WITH ALL SPECIAL Damages CLAIMED BY CATEGORY AND AMOUNT. THIS LIST SHALL INCLUDE AS APPROPRIATE, COMPUTATIONS OF ALL PAST LOST EARNINGS AND FUTURE LOST EARNING CAPACITY OR MEDICAL EXPENSES TOGETHER WITH ANY OTHER UNLIQUIDATED Damages CLAIMED; AND (e) DEFENDANT SHALL STATE ITS POSITION REGARDING Damages AND SHALL IDENTIFY ALL APPLICABLE INSURANCE CARRIERS, TOGETHER WITH APPLICABLE LIMITS OF LIABILITY; AND (f) EACH COUNSEL SHALL PROVIDE AN ESTIMATE OF THE ANTICIPATED LENGTH OF TRIAL. FAILURE TO TIMELY FILE A PRE-TRIAL SETTLEMENT CONFERENCE MEMORANDUM MAY RESULT IN THE IMPOSITION OF MONETARY SANCTIONS. ALL MOTIONS IN LIMINE SHALL BE FILED IN ACCORDANCE WITH ELECTRONIC FILING PROCEDURES NOT LATER THAN FIFTEEN (15) DAYS PRIOR TO THE START OF TRIAL. RESPONDING COUNSEL SHALL HAVE TEN (10) DAYS THEREAFTER TO FILE ANY RESPONSE. FOR POOL CASES, THE START OF THE TRIAL IS DEFINED AS THE FIRST DAY OF THE TRIAL POOL LISTING. REQUESTS TO EXTEND ANY CASE MANAGEMENT DEADLINE OR FOR TRIAL CONTINUANCE MUST BE SUBMITTED BY FILING A MOTION FOR EXTRAORDINARY RELIEF AND FILED PRIOR TO THE EXPIRATION OF THE DEADLINE IN QUESTION. ANY REQUESTS FOR A DATE-CERTAIN TRIAL LISTING MUST BE SUBMITTED IN WRITING WITH SPECIFICITY, WITH A COPY TO OPPOSING PARTY, AND DIRECTED TO THE HONORABLE Sandra Mazer Moss, COORDINATING JUDGE, VIA FACSIMILE (215-686-5137) OR US MAIL (622 CITY HALL, PHILADELPHIA, PA 19107). HOWEVER, SAID REQUESTS MAY BE MADE ONLY UNDER EXIGENT CIRCUMSTANCES. COUNSEL SHOULD HAVE SUBSTITUTE COUNSEL PREPARED TO CONDUCT SETTLEMENT CONFERENCE AND/OR TRIAL WHERE PRACTICABLE. ALL COUNSEL ARE UNDER A CONTINUING OBLIGATION AND ARE HEREBY ORDERED TO SERVE A COPY OF THIS ORDER UPON ALL UNREPRESENTED PARTIES AND UPON ALL COUNSEL ENTERING AN APPEARANCE SUBSEQUENT TO THE ENTRY OF THIS ORDER. ...BY THE COURT: SANDRA MOSS, J.
|
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| May 24, 2011 | CASE MGMT CONFERENCE COMPLETED | ||
| May 24, 2011 | Docket Event |
LISTED FOR PRE-TRIAL CONF none. |
|
| May 24, 2011 | Docket Event |
NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 26-MAY-2011 OF CASE MANAGEMENT ORDER ISSUED ENTERED ON 24-MAY-2011. |
|
| May 24, 2011 | Docket Event |
LISTED IN TRIAL READY POOL none. |
|
| May 24, 2011 | Docket Event |
CASE MGMT CONFERENCE COMPLETED none. |
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| May 04, 2011 | NOTICE GIVEN | ||
| May 04, 2011 | Docket Event |
NOTICE GIVEN none. |
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| May 02, 2011 | LISTED FOR CASE MGMT CONF | ||
| May 02, 2011 | Docket Event |
LISTED FOR CASE MGMT CONF none. |
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| March 24, 2011 |
AFFIDAVIT OF SERVICE FILED AFFIDAVIT OF SERVICE OF PLAINTIFF'S COMPLAINT UPON VONCEL HARRIGAN BY PERSONAL SERVICE ON 03/22/2011 FILED. (FILED ON BEHALF OF COMM OF PA OFFICE OF ATTY GENERAL) |
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| March 24, 2011 |
AFFIDAVIT OF SERVICE FILED AFFIDAVIT OF SERVICE OF PLAINTIFF'S COMPLAINT UPON VONCEL HARRIGAN BY PERSONAL SERVICE ON 03/22/2011 FILED. |
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| March 01, 2011 | WAITING TO LIST CASE MGMT CONF | ||
| March 01, 2011 | SHERIFF'S SURCHARGE 1 DEFT | ||
| March 01, 2011 |
COMPLAINT FILED NOTICE GIVEN COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. |
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| March 01, 2011 | COMMENCEMENT OF CIVIL ACTION | ||
| March 01, 2011 | ACTIVE CASE | ||
| March 01, 2011 | Docket Event |
ACTIVE CASE E-Filing Number: 1103001368 |
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| March 01, 2011 | Docket Event |
SHERIFF'S SURCHARGE 1 DEFT none. |
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| March 01, 2011 | Docket Event |
WAITING TO LIST CASE MGMT CONF none. |
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| March 01, 2011 | Docket Event |
COMMENCEMENT OF CIVIL ACTION none. |
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