Docket Number: 1879 ROBERT A. BOSAK & ASSOCIATES. Mark F. Brancato, Esquire Kevin B. Watson, Esquire CLOSED VS.

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1 Docket Number: 1879 ROBERT A. BOSAK & ASSOCIATES Mark F. Brancato, Esquire Kevin B. Watson, Esquire VS. COMMONWEALTH OF PENNSYLVANIA STATE PUBLIC SCHOOL BUILDING AUTHORITY Jose E. Morales, Assistant Counsel and HAZLETON AREA SCHOOL DISTRICT Conrad A. Falvello, Esquire Nina J. Falvello, Esquire David L. Glassberg, Esquire

2 December 22, 1994 Petition to Enforce Arbitration (Claim) and filing fee filed by attorney for Plaintiff. Amount of Claim: Unknown - Copy forwarded to attorneys for Defendants by attorney for Plaintiff. January 20, 1995 Answer and New Matter of Hazleton Area School District (HASD) to Petition to Enforce Arbitration Agreement filed by attorney for Defendant (HASD). Copy forwarded to attorney for Plaintiff by attorney for Defendant. January 24, 1995 Response and New Matter of the State Public School Building Authority (SPSBA) to the Petition to Enforce Arbitration Agreement filed by attorney for Defendant (SPSBA). Copy forwarded to attorney for Plaintiff by attorney for Defendant. January 27, 1996 Copy of Petition to Enforce Arbitration Agreement (Complaint) forwarded to Chief Deputy Attorney General. Acceptance of Service of Petition to Enforce Arbitration Agreement received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General February 1, Petitioner s Answer to New Matter of Respondent, Hazleton Area School District, filed by attorney for Plaintiff. Copy forwarded to all parties of record by attorney for Plaintiff. Petitioner s Answer to New Matter of Respondent, State Public School Building Authority filed by attorney for Plaintiff. Copy forwarded to all parties of record by attorney for Plaintiff. January 26, 1996 Praecipe to Withdraw Appearance of Mark Brancato, Esquire and Praecipe to Enter Appearance of Kevin B. Watson, Esquire, on behalf of Plaintiff, filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. 2

3 July 25, 1996 The Board rendered an Opinion and made the following Order: AND NOW, this 25th day of July, 1996, a Rule to Show Cause is issued upon Plaintiff, Robert A. Bosak & Associates, wherein it is DIRECTED that Plaintiff advise the Board, within thirty (30) days from the exit date of this Order, as to whether or not Plaintiff wishes to pursue this case, and if so, what the present status of said case is. In the event the Board does not receive a response to this Rule, said Rule to Show Cause shall become absolute and the case shall Copies forwarded to attorney for Plaintiff and attorneys for Defendant. August 2, 1996 be marked closed, discontinued and ended with prejudice. received from attorney for Defendant (Hazletown Area School District). Receipt of same acknowledged by attorney for Defendant (Hazleton Area School District) July 29, August 12, 1996 Letter/Response to Rule to Show Cause dated July 25, 1996, received from attorney for Plaintiff advising that this case is on hold pending the outcome of the case at Docket No. 1726, which is presently stayed pending possible settlement. August 19, 1996 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff August 11, August 20, 1996 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant July 26, September 23, 1997 Letter forwarded to parties requesting Status Report. due on or before October 23, October 27, 1997 Status Report Second (2nd) Letter forwarded to parties requesting Status Report. STATUS REPORT DUE ON OR BEFORE NOVEMBER 26, 1997 OR RULE TO SHOW CAUSE FOR FAILURE TO PROSECUTE WILL BE ISSUED. 3

4 November 6, 1997 Letter/Status Report received from Defendant (Hazleton Area) advising that it would appear that the pleadings are closed as no other discovery, to his knowledge, has been initiated by Plaintiff and Answers and New Matters have been timely filed by both Defendants. November 20, 1997 Letter/Status Report received from Plaintiff advising that there is a related case pending in Luzerne County which is proceeding towards discovery. He believes that the resolution of the Luzerne County matter would involved a resolution of the matter pending before the Board. October 7, 1998 Report due on or before November 9, January 5, 1999 The Board rendered an Opinion and made the following Order: AND NOW, this 5th day of January, 1999, a Rule to Show Cause is issued upon Plaintiff, Robert A. Bosak & Associates, wherein it is DIRECTED that Plaintiff advise the Board, within thirty (30) days from the exit date of this Order, as to whether or not Plaintiff wishes to pursue the above-captioned matter. In the event the Board does not receive a response to this Rule, said Rule to Show Cause shall become absolute and the case shall be marked "closed, discontinued and ended with prejudice". Copies forwarded to all attorneys of record. January 11, 1999 Acceptance of Service of Opinion and Order dated January 5, 1999 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant January 6, January 20, 1999 Letter/Status Report received from attorney for Plaintiff advising that the parties have had substantial settlement discussions over the past 60 days and requests the matter be held in abeyance pending same. They believe these settlement discussions should be complete within days which will ultimately result in a discontinuance of this action. Copy forwarded to all parties of record by attorney for Plaintiff. 4

5 February 16, 1999 Acceptance of Service of Opinion and Order dated January 5, 1999 received from attorney for Defendant (Hazleton Area School District). Receipt of same acknowledged by attorney for Defendant January 7, August 11, 1999 Letter forwarded to parties requesting a status report. Status report due on or before September 10, August 19, 1999 Letter/Status Report received from attorney for Plaintiff advising that they are currently finalizing settlement negotiations with the Hazleton Area School District and should be in a position within the next few months to discontinue this ac once the negotiations are finalized. March 28, 2000 Report due on or before April 27, April 17, 2000 Letter received from attorney for Plaintiff requesting the Board to keep this docket open until settlement discussions are finalized. January 4, 2001 Report due on or before February 5, July 9, 2002 The Board made the following Order: AND NOW, this 9th day of July, 2002, upon a review of the pleadings in the above-captioned matter as well as a review of the case Hazleton Area School District, Board Docket No. 2098, wherein it was noted that Plaintiff previously settled its claim against Additional Defendant, Robert A. Bosak and Associates for $800,000.00", it is ORDERED and DIRECTED that the above-captioned matter be marked closed settled, and ended with prejudice. 5

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