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SUPEAIOH COURT
BARNSTABLE, SS
FILED} JUL 28 2017
COMMONWEALTH OF MASSACHUSETT!
Att he Wiha. Clerk
BARNSTABLE, ss SUPERIOR COURT
DOCKET NO. BACV2013-00125
RICK YATSENICK & JOAL YATSENICK
PLAINTIFFS
Vv.
OLD WHARF VILLAGE LLC, CHARLES
EDGAR, DAVID DILLON D/B/A AS
DILLON REAL ESTATE,
& STACEY CURLEY
DEFENDANTS
PLAINTIFF’S RICK YATSENICK AND JOAL YATSENICK’S AMENDMENT TO
JOINT PRETRIAL MEMORANDUM PURSUANT TO LEAVE GRANTED BY THE
COURT
N. -
Now comes the Plaintiffs Rick Yatsenick and Joal Yatsenick by their Attorney Brian K.
Galletta and hereby amend and incorporate into the filed Joint Pretrial Motion as granted by leave
of the Court as follows:
Il. BRIEF STATEMENT OF CASE
A. Plaintiffs Statement of Expected Evidence
The Plaintiffs amend their Statement of Expected Evidence to add:
1
The Plaintiffs will further show that the tendering by the Defendants of the Deed that
clearly states that the use of the property is for “Single Family Year Round Residential
Purposes” was not a mistake and further show that the Defendants marketed the units at
Old Wharf in the normal course of business as single family year round residential
condominiums and that these misrepresentations were all made in the furtherance of a
common scheme motivated to defraud the Plaintiffs into buying a commercial motel
located at “Old Wharf Village Condominiums”, 405 Old Wharf Road, in Dennis Port,
Massachusetts. The evidence will show that the Defendants are liable to the Plaintiffs for
actions sounding in Mass. Gen. L. ch. 93A, Fraud, Intentional Misrepresentation, Gross
Misrepresentation, Breach of Contract, Money Had and Received and equitable relief by
way of Recession, The Plaintiffs will show that they are entitled to treble damages, attorney
fees, and costs from the Defendants jointly and severally.
V. PROSPECTIVE WITNESSES
The Plaintiffs amend Number V of the Joint Pre-Trial Memorandum filed to add the following
Witnesses:
Witnesses identified by the Plaintiff:
Li
(1) Rick Yatsenick 76 Chestnut Street
Terryville, CT 06786
(2) Joal Yatsenick 76 Chestnut Street
Terryville, CT 06786
(3) Daniel Fortier Dennis Town Plainer c/o Town of Dennis Planning Dept,
685 Route 134
South Dennis, MA 02660
(4) Brian Florence Dennis Building Inspector
c/o Town of Dennis Building Dept
685 Route 134
South Dennis, MA 02660
G) Alan Hunter 25 Quivet Drive
South Dennis, MA 02641
©) Stephen Foley 14 Prince Way
South Dennis, MA 02641
” Charles Edgar 8 Countryside Drive
Chatham, MA 02633
(8) Heather Miller 112 Wayland Road
Hyannis, MA 02601
(9) James Lyons 29 Harding Road
Walpole, MA 02081
(10) Andrew Kearns, Esq. 1331 Silas Deane Highway
Rocky Hill, CT 06109
(11). Robert Bowman 649 Brick Kiln Road
Falmouth, MA 02540
(12). Alison Walsh 405 Old Wharf Village
Denisport, MA 02639
(13). James Stinson 72 Main ST., POB 665
W.Harwich, MA 02671
(14). Mark Geuss 30 Wisteria Way
Wrentham, MA 02093
(15). Stacey Curley 287 Fuller Rd.
3
Centerville, MA 02632
(16). Jonathan Ideman Cape Cod Commission
3225 Main Street
Barnstable, MA 02630
(17). James Lapointe. 79 Madison St.
Dedham, MA 02169
(18) Ronald F. Alleruzzo
27 Plains Road
Ipswich, MA 01938
(19) Gary Gacicia
8 Sentinel Road
Hingham, MA 02043
(20) Philip Gacicia
12 Commons Lane
Hanson, MA. 02341
(21) Mark Gorny
14 Ticknor Street
Apt. 1
Boston, MA, 02127
(22) David Dillion 165 Lower County Road
Dennisport, MA 02639
(23) Keeper of the Records of the Town of Dennis
685 Route 134
South Dennis, MA 02660
4
(24) Trustees of the Old Wharf Condominium
405 Old Wharf Road
Dennis, MA 02660
(25) Ann Reilly
855 Main Street
Unit 1
Woburn, MA 01801
(26) Keeper of the Records for Old Wharf Village Condominiums
405 Old Wharf Road
Dennis Port, MA 02660
Experts Identified by the Plaintiff:
(26) Martin Loria, Esq. c/o Adelson, Loria & Weisman P.C.
20 Park Plaza
Boston, MA 02116
VII. UPDATED ITEMIZATION OF ALLEGED SPECIAL OR LIQUIDATED
we
DAMAGES
Total purchase price of unit 204 $ 220,000.00
Association Fees from closing 2010 thru 7/2017 26,543.95
Taxes for 2011 thru August 201 8,400.36
Insurance from 2010 thru 7/2017 4.816.76
Mortgage interest thru July 2017 74,827.35
Out of pocket expenses to finish unit 2,111.33
Out of pocket expenses to furnish unit 4,700.00
oe
Closing costs on HUD for Mortgage 7,036.05
Closing costs on HUD for unit purchase 1,568.00
Closing costs on HUD for refinance 5,178.83
TOTAL to Date for expenses (July 27, 2017) $ 355182.63 plus Attorney fees and costs
$
The Plaintiffs reserve to further amend the Joint Pretrial Memorandum pursuant to the granted
leave of the Court as the Defendant still has not complied with the order of the Court to
supplement their answers to interrogatories.
Respectfully submitted,
CS
Brian K. Galletta Esq,
Attorney for the Plaintiffs Rick and Joal Yatsenick
B.B.O, # 566078
25 Lady Slipper Drive
Plymouth, MA 02360
bkglegal@gmail.com
Date: July 28, 2017
CERTIFICATE OF SERVICE
Thereby certify that a true copy of the foregoing document was served on all known parties in hand on this 28th day
of July 2017
Qo eS t
Brian K. Galletta Esq,
Attorney for the Plaintiffs Rick and Joal Yatsenick
B.B.O. # 566078
25 Lady Slipper Drive
Plymouth, MA 02360
bkglegal@gmail.com
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SUPEAIOH COURT BARNSTABLE, SS FILED} JUL 28 2017 COMMONWEALTH OF MASSACHUSETT! Att he Wiha. Clerk BARNSTABLE, ss SUPERIOR COURT DOCKET NO. BACV2013-00125 RICK YATSENICK & JOAL YATSENICK PLAINTIFFS Vv. OLD WHARF VILLAGE LLC, CHARLES EDGAR, DAVID DILLON D/B/A AS DILLON REAL ESTATE, & STACEY CURLEY DEFENDANTS PLAINTIFF’S RICK YATSENICK AND JOAL YATSENICK’S AMENDMENT TO JOINT PRETRIAL MEMORANDUM PURSUANT TO LEAVE GRANTED BY THE COURT N. - Now comes the Plaintiffs Rick Yatsenick and Joal Yatsenick by their Attorney Brian K. Galletta and hereby amend and incorporate into the filed Joint Pretrial Motion as granted by leave of the Court as follows: Il. BRIEF STATEMENT OF CASE A. Plaintiffs Statement of Expected Evidence The Plaintiffs amend their Statement of Expected Evidence to add: 1 The Plaintiffs will further show that the tendering by the Defendants of the Deed that clearly states that the use of the property is for “Single Family Year Round Residential Purposes” was not a mistake and further show that the Defendants marketed the units at Old Wharf in the normal course of business as single family year round residential condominiums and that these misrepresentations were all made in the furtherance of a common scheme motivated to defraud the Plaintiffs into buying a commercial motel located at “Old Wharf Village Condominiums”, 405 Old Wharf Road, in Dennis Port, Massachusetts. The evidence will show that the Defendants are liable to the Plaintiffs for actions sounding in Mass. Gen. L. ch. 93A, Fraud, Intentional Misrepresentation, Gross Misrepresentation, Breach of Contract, Money Had and Received and equitable relief by way of Recession, The Plaintiffs will show that they are entitled to treble damages, attorney fees, and costs from the Defendants jointly and severally. V. PROSPECTIVE WITNESSES The Plaintiffs amend Number V of the Joint Pre-Trial Memorandum filed to add the following Witnesses: Witnesses identified by the Plaintiff: Li (1) Rick Yatsenick 76 Chestnut Street Terryville, CT 06786 (2) Joal Yatsenick 76 Chestnut Street Terryville, CT 06786 (3) Daniel Fortier Dennis Town Plainer c/o Town of Dennis Planning Dept, 685 Route 134 South Dennis, MA 02660 (4) Brian Florence Dennis Building Inspector c/o Town of Dennis Building Dept 685 Route 134 South Dennis, MA 02660 G) Alan Hunter 25 Quivet Drive South Dennis, MA 02641 ©) Stephen Foley 14 Prince Way South Dennis, MA 02641 ” Charles Edgar 8 Countryside Drive Chatham, MA 02633 (8) Heather Miller 112 Wayland Road Hyannis, MA 02601 (9) James Lyons 29 Harding Road Walpole, MA 02081 (10) Andrew Kearns, Esq. 1331 Silas Deane Highway Rocky Hill, CT 06109 (11). Robert Bowman 649 Brick Kiln Road Falmouth, MA 02540 (12). Alison Walsh 405 Old Wharf Village Denisport, MA 02639 (13). James Stinson 72 Main ST., POB 665 W.Harwich, MA 02671 (14). Mark Geuss 30 Wisteria Way Wrentham, MA 02093 (15). Stacey Curley 287 Fuller Rd. 3 Centerville, MA 02632 (16). Jonathan Ideman Cape Cod Commission 3225 Main Street Barnstable, MA 02630 (17). James Lapointe. 79 Madison St. Dedham, MA 02169 (18) Ronald F. Alleruzzo 27 Plains Road Ipswich, MA 01938 (19) Gary Gacicia 8 Sentinel Road Hingham, MA 02043 (20) Philip Gacicia 12 Commons Lane Hanson, MA. 02341 (21) Mark Gorny 14 Ticknor Street Apt. 1 Boston, MA, 02127 (22) David Dillion 165 Lower County Road Dennisport, MA 02639 (23) Keeper of the Records of the Town of Dennis 685 Route 134 South Dennis, MA 02660 4 (24) Trustees of the Old Wharf Condominium 405 Old Wharf Road Dennis, MA 02660 (25) Ann Reilly 855 Main Street Unit 1 Woburn, MA 01801 (26) Keeper of the Records for Old Wharf Village Condominiums 405 Old Wharf Road Dennis Port, MA 02660 Experts Identified by the Plaintiff: (26) Martin Loria, Esq. c/o Adelson, Loria & Weisman P.C. 20 Park Plaza Boston, MA 02116 VII. UPDATED ITEMIZATION OF ALLEGED SPECIAL OR LIQUIDATED we DAMAGES Total purchase price of unit 204 $ 220,000.00 Association Fees from closing 2010 thru 7/2017 26,543.95 Taxes for 2011 thru August 201 8,400.36 Insurance from 2010 thru 7/2017 4.816.76 Mortgage interest thru July 2017 74,827.35 Out of pocket expenses to finish unit 2,111.33 Out of pocket expenses to furnish unit 4,700.00 oe Closing costs on HUD for Mortgage 7,036.05 Closing costs on HUD for unit purchase 1,568.00 Closing costs on HUD for refinance 5,178.83 TOTAL to Date for expenses (July 27, 2017) $ 355182.63 plus Attorney fees and costs $ The Plaintiffs reserve to further amend the Joint Pretrial Memorandum pursuant to the granted leave of the Court as the Defendant still has not complied with the order of the Court to supplement their answers to interrogatories. Respectfully submitted, CS Brian K. Galletta Esq, Attorney for the Plaintiffs Rick and Joal Yatsenick B.B.O, # 566078 25 Lady Slipper Drive Plymouth, MA 02360 bkglegal@gmail.com Date: July 28, 2017 CERTIFICATE OF SERVICE Thereby certify that a true copy of the foregoing document was served on all known parties in hand on this 28th day of July 2017 Qo eS t Brian K. Galletta Esq, Attorney for the Plaintiffs Rick and Joal Yatsenick B.B.O. # 566078 25 Lady Slipper Drive Plymouth, MA 02360 bkglegal@gmail.com