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Orig: woe
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. SUPERIOR COURT DEPARTMENT
CIV. ACT. NO. 2013-00125
Rick and Joal Yatsenick,
Plaintiffs
v.
Old Wharf Village, LLC and
Charles Edgar,
Defendants
SPECIAL VERDICT FORM
Breach of Contract ,
io
1. Did Defendant Old Wharf Village, LLC breach a contract with the Plaintiffs?
YES NO. a
If your answer to Question 1 is YES, proceed to Question 2. If your answer to Question 1 is NO,
please skip to Question 3.
2. What amount of money (if any), separate and apart from the purchase price paid for the
unit, is required to fully and fairly compensate Plaintiffs for the damages that they
suffered as a result of Defendant Old Wharf Village LLC’s breach of contract?
Amount in Numbers:
Amount in Words:Intentional Misrepresentation
3. Did the Defendants misrepresent a material fact to the Plaintiffs in their purchase of Unit
204?
(a) As to Charles Edgar, Individually: Yes No 4
(b) As to Old Wharf Village LLC: Yes 4 No
If your answer to either or both of the subsections of Question 3 is YES, please proceed to
answer subsection(s) 4 through 7. If your answer to both of the subsections of Question 3 is NO,
please skip to Question 10.
4. Did the Defendants know or recklessly disregard the truth or falsity of the statement?
(c) As to Charles Edgar, Individually: Yes / No
(d) As to Old Wharf Village LLC: Yes J No
5. Did the Defendants intend the Plaintiffs to rely on the misrepresentation in making their
decision?
(c) As to Charles Edgar, Individually: Yes Vo No
(d) As to Old Wharf Village LLC: Yes Y No
6. Did the Plaintiffs rely on the Defendants’ false statement, and if so, was their reliance
reasonable?
(c) As to Charles Edgar, Individually: Yes No /
(dq) As to Old Wharf Village LLC: Yes No ¥Village LLC, or if the answers to all four questions 4 through 7 are yes as to Defendant
Charles Edgar, did the Plaintiffs suffer financial loss as a result of relying on the
misrepresentation?
w/A ves wo
8. Ifthe answer to question #7 is yes, what amount of financial losses did the Plaintiffs
incur, separate and apart from the purchase price paid for the unit?
Wh
Amount in Numbers:
Amount in Words:
9. Ifyou found any amount of money required to fully and fairly compensate Plaintiffs for
the damages that they experienced as a result of a Defendant’ s intentional
misrepresentation, is this amount in addition to the amount (if any) you stated in Answer
7. If the answers to all four questions 4 through 7 are yes as to Defendant Old Wharf
| 2 above?
v/a
Yes No.
Chapter 93A — Unfair and Deceptive Business Practices
10. Did the Plaintiffs deliver an adequate demand letter to the defendant at least thirty days
prior to commencing this action on March 18, 2013?
J
(c) As to Charles Edgar, Individually: Yes No
(d) As to Old Wharf Village LLC: Yes Yo No11. Were the Plaintiffs acting as private, nonprofessional consumers?
Yes J No.
12. Were the Defendants, Charles Edgar and Old Wharf Village, LLC engaged in trade or
commerce in its dealings with the Plaintiffs?
(ce) As to Charles Edgar, Individually: Yes No
(d) As to Old Wharf Village LLC: Yes v No
13. Did Defendants commit an unfair or deceptive act or practice in their dealings with the
Plaintiffs?
(c) As to Charles Edgar, Individually: Yes No v
(d) As to Old Wharf Village LLC: Yes No J
14. Was the Defendant(s)’ unfair and deceptive act or practice a proximate cause of injury to
the Plaintiffs?
(c) As to Charles Edgar, Individually: Yes No Yo
(d) As to Old Wharf Village LLC: Yes No 4 :
15. If the answers to all four questions 10 through 14 are YES as to Old Wharf Village LLC
or if the answers to all four questions 10 through 14 are YES as to Charles Edgar, what
amount of money (if any), separate and apart from the purchase price paid for the unit, is
required to fully and fairly compensate Plaintiffs for the damages that they experienced
as a result of Defendants unfair and deceptive trade practices? /
PA
Amount in Numbers:
Amount in Words:16. If you found any amount of money required to fully and fairly compensate Plaintiffs for
the damages they experienced as a result of a Defendant’s unfair and deceptive trade
practices intentional misrepresentation, is any portion of this amount in addition to the
amounts (if any) you stated in Answers 2 and 8? N VA
Yes. No
If YES, how much of this amount is in addition to the amount awarded for the other claims?
Amount in Numbers:
Amount in Words:
17. Do you find that any of the unfair and deceptive acts of Defendants were made willfully
and/or knowingly?
(c) As to Charles Edgar, Individually: Yes No f
(d) As to Old Wharf Village LLC: Yes No /
18. Did the Defendants, within 30 days of the mailing or delivery of the Plaintiffs’ demand
for relief, make a written tender of settlement that was reasonable in relation to the injury
actually suffered?
(c) As to Charles Edgar, Individually: Yes No /
(d) As to Old Wharf Village LLC: Yes No
If your answer to either of the subsections of Question 18 is YES, please proceed to question 19.
If your answer to both subsections of Question 18 is NO, please skip to question 20.19. Was the Defendants refusal to grant relief in response to the Plaintiffs’ demand letter
made in bad faith with knowledge or reason to know that the act or practice complained
of constituted an unfair or deceptive act or practice? i
(a) As to Charles Edgar, Individually: Yes No
(b) As to Old Wharf Village, LLC: Yes No
20. As to each Defendant separately, if you answered YES to either Question 17 or
Question 19, you are to award the Plaintiffs up to three (3) times but no less than two (2)
times the amount of damages you awarded to the Plaintiffs in your Answer to Question
15. What is the total amount of your award for the Plaintiffs claim of unfair and
deceptive acts or practices under Ch. 93A ? N i/, OM
As to the Defendant Charles Edgar, Individually:
Amount in Numbers:
Amount in Words:
As to the Defendant Old Wharf Village, LLC:
Amount in Numbers:
Amount in Words:Final Instruction
STOP HERE. You have completed the Special Jury Verdict Form. The jury foreperson
should sign the verdict slip and you should inform the Court Officer that you have completed
the Special Jury Verdict Form.
Thereby certify that at least 11 of 13 jurors have agreed to the answers to each of the
above questions.
iz Lor tn Ar»7 nr~
ate Jury Foreperson.
THANK YOU
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Orig: woe COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DEPARTMENT CIV. ACT. NO. 2013-00125 Rick and Joal Yatsenick, Plaintiffs v. Old Wharf Village, LLC and Charles Edgar, Defendants SPECIAL VERDICT FORM Breach of Contract , io 1. Did Defendant Old Wharf Village, LLC breach a contract with the Plaintiffs? YES NO. a If your answer to Question 1 is YES, proceed to Question 2. If your answer to Question 1 is NO, please skip to Question 3. 2. What amount of money (if any), separate and apart from the purchase price paid for the unit, is required to fully and fairly compensate Plaintiffs for the damages that they suffered as a result of Defendant Old Wharf Village LLC’s breach of contract? Amount in Numbers: Amount in Words:Intentional Misrepresentation 3. Did the Defendants misrepresent a material fact to the Plaintiffs in their purchase of Unit 204? (a) As to Charles Edgar, Individually: Yes No 4 (b) As to Old Wharf Village LLC: Yes 4 No If your answer to either or both of the subsections of Question 3 is YES, please proceed to answer subsection(s) 4 through 7. If your answer to both of the subsections of Question 3 is NO, please skip to Question 10. 4. Did the Defendants know or recklessly disregard the truth or falsity of the statement? (c) As to Charles Edgar, Individually: Yes / No (d) As to Old Wharf Village LLC: Yes J No 5. Did the Defendants intend the Plaintiffs to rely on the misrepresentation in making their decision? (c) As to Charles Edgar, Individually: Yes Vo No (d) As to Old Wharf Village LLC: Yes Y No 6. Did the Plaintiffs rely on the Defendants’ false statement, and if so, was their reliance reasonable? (c) As to Charles Edgar, Individually: Yes No / (dq) As to Old Wharf Village LLC: Yes No ¥Village LLC, or if the answers to all four questions 4 through 7 are yes as to Defendant Charles Edgar, did the Plaintiffs suffer financial loss as a result of relying on the misrepresentation? w/A ves wo 8. Ifthe answer to question #7 is yes, what amount of financial losses did the Plaintiffs incur, separate and apart from the purchase price paid for the unit? Wh Amount in Numbers: Amount in Words: 9. Ifyou found any amount of money required to fully and fairly compensate Plaintiffs for the damages that they experienced as a result of a Defendant’ s intentional misrepresentation, is this amount in addition to the amount (if any) you stated in Answer 7. If the answers to all four questions 4 through 7 are yes as to Defendant Old Wharf | 2 above? v/a Yes No. Chapter 93A — Unfair and Deceptive Business Practices 10. Did the Plaintiffs deliver an adequate demand letter to the defendant at least thirty days prior to commencing this action on March 18, 2013? J (c) As to Charles Edgar, Individually: Yes No (d) As to Old Wharf Village LLC: Yes Yo No11. Were the Plaintiffs acting as private, nonprofessional consumers? Yes J No. 12. Were the Defendants, Charles Edgar and Old Wharf Village, LLC engaged in trade or commerce in its dealings with the Plaintiffs? (ce) As to Charles Edgar, Individually: Yes No (d) As to Old Wharf Village LLC: Yes v No 13. Did Defendants commit an unfair or deceptive act or practice in their dealings with the Plaintiffs? (c) As to Charles Edgar, Individually: Yes No v (d) As to Old Wharf Village LLC: Yes No J 14. Was the Defendant(s)’ unfair and deceptive act or practice a proximate cause of injury to the Plaintiffs? (c) As to Charles Edgar, Individually: Yes No Yo (d) As to Old Wharf Village LLC: Yes No 4 : 15. If the answers to all four questions 10 through 14 are YES as to Old Wharf Village LLC or if the answers to all four questions 10 through 14 are YES as to Charles Edgar, what amount of money (if any), separate and apart from the purchase price paid for the unit, is required to fully and fairly compensate Plaintiffs for the damages that they experienced as a result of Defendants unfair and deceptive trade practices? / PA Amount in Numbers: Amount in Words:16. If you found any amount of money required to fully and fairly compensate Plaintiffs for the damages they experienced as a result of a Defendant’s unfair and deceptive trade practices intentional misrepresentation, is any portion of this amount in addition to the amounts (if any) you stated in Answers 2 and 8? N VA Yes. No If YES, how much of this amount is in addition to the amount awarded for the other claims? Amount in Numbers: Amount in Words: 17. Do you find that any of the unfair and deceptive acts of Defendants were made willfully and/or knowingly? (c) As to Charles Edgar, Individually: Yes No f (d) As to Old Wharf Village LLC: Yes No / 18. Did the Defendants, within 30 days of the mailing or delivery of the Plaintiffs’ demand for relief, make a written tender of settlement that was reasonable in relation to the injury actually suffered? (c) As to Charles Edgar, Individually: Yes No / (d) As to Old Wharf Village LLC: Yes No If your answer to either of the subsections of Question 18 is YES, please proceed to question 19. If your answer to both subsections of Question 18 is NO, please skip to question 20.19. Was the Defendants refusal to grant relief in response to the Plaintiffs’ demand letter made in bad faith with knowledge or reason to know that the act or practice complained of constituted an unfair or deceptive act or practice? i (a) As to Charles Edgar, Individually: Yes No (b) As to Old Wharf Village, LLC: Yes No 20. As to each Defendant separately, if you answered YES to either Question 17 or Question 19, you are to award the Plaintiffs up to three (3) times but no less than two (2) times the amount of damages you awarded to the Plaintiffs in your Answer to Question 15. What is the total amount of your award for the Plaintiffs claim of unfair and deceptive acts or practices under Ch. 93A ? N i/, OM As to the Defendant Charles Edgar, Individually: Amount in Numbers: Amount in Words: As to the Defendant Old Wharf Village, LLC: Amount in Numbers: Amount in Words:Final Instruction STOP HERE. You have completed the Special Jury Verdict Form. The jury foreperson should sign the verdict slip and you should inform the Court Officer that you have completed the Special Jury Verdict Form. Thereby certify that at least 11 of 13 jurors have agreed to the answers to each of the above questions. iz Lor tn Ar»7 nr~ ate Jury Foreperson. THANK YOU