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Request For Discovery Deposition Oct09



23 October 2009 To: Greg Abbott, Texas Attorney General , c/o Mark Steinbach, Assistant Attorney General P.O. Box 12548, Capitol Station, Austin, Texas 78711-2548 Fr: Daniel W. Harbaugh, 8218 Braniff St., Houston, TX 77061

Re: Cause No. 070423

Harbaugh v. TCEQ

Pursuant to the stated mission of and informal procedures afforded in Texas Small Claims Court actions, Plaintiff hereby requests the following: (A)) A statement by the TCEQ/Houston-Galveston Area Council(HGAC) /AirCheckTexas Repair & Replacement Assistance Program, so named as Mr. Ronnie Barnes, Project Coordinator, per official published records, and/or, such person or persons responsible for the issuance of HGAC Voucher Number 41170 on 4/16/2009 12:19:17 PM to Daniel Harbaugh ;stating: (1) How and Why this Voucher was issued as a "Replacement Only" when the Applicant specifically applied for a "Repair" Voucher" valued up to $600.00, and: (2) How and Why the Applicant was not afforded a letter stating he was ineligible for a Repair Voucher, per HGAC official and published information: "Get A Voucher" , "If you are eligible, we'll send your voucher to your mailing address with instructions on how to use it and a list of participating repair facilities and dealers. If you are not eligible, we'll send you a letter describing why you are unable to receive a voucher." , and: (3) How and Why the Applicant's email of 4/23/2009 12:21 PM to HGAC , per: "Get A Voucher ... Direct questions about applications to us at , with email subject "Request for REPAIR voucher #41170", submitted prior to any repair efforts, was not responded to.. (B) This First Request For Discovery Deposition may be complied with by 'eDiscovery' / email, or by USPS Certified Mail. The information sought must be specific in the response; lacking same, Plaintiff will file for a ‘Supoena For Witness Deposition Pursuant To Texas Rules Of Civil Procedures 176/201’ on Cause No. 070423 pending in the Travis County Small Claims Court. Relevant to Request: Plaintiff's original Small Claims Petition on Cause No. SC210027605 states: "..due to failure of H-GAC to comply with LIRAP provisions Chapter 382.209 TX Health & Safety Code/AirCheckTexas .." , thus identifies H-GAC as a principal party in this Petition and therefore entitles Plaintiff to seek Deposition from same. Sincerely, Daniel W. Harbaugh Copy To: Judge Herb Evans, Justice Of The Peace, Precinct 5 , P.O. Box 1748 , Austin, Texas 78767 , Mr. Ronnie Barnes, AirCheckTexas

Project Coordinator, HGAC , P.O. Box 22777,

Houston, TX 77227-2777

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