JOHNSONBURG - The preliminary hearing in the case against Nancy Jean Bodien, 36, of Ridgway, charged with theft by failure to make required disposition of funds received, a felony of the third degree, was held Wednesday in Magisterial District Court in Johnsonburg, with Judge George "Tony" King presiding.
The charges against Bodien stem from her alleged failure to pay for services rendered in the restoration of her home following an Aug. 17, 2011 fire at the 45 Freemont Ave., Ridgway residence.
The criminal complaint against Bodien alleges that between Sept. 13, 2011 and Dec. 14, 2011, she received five insurance checks through Bank of America totaling $48,755.20, of which she paid Joshua Amacher, owner of SuperShine Carpet and Tile Cleaners, only $28,886.65, and "did use the remaining $19,868.55 for personal expenditures."
In his testimony Wednesday, Amacher said that he was first contacted by Bodien's husband James, who was seeking fire restoration services. Amacher arranged a walkthrough of the couple's property at the Freemont Avenue location, at which point he said they entered into a service agreement and he provided an estimate which both Bodien and the insurance carrier agreed to.
The work authorization form on which Nancy Bodien was listed as signatory was entered into evidence as exhibit one by District Attorney Bradley J. Kraus.
Amacher said his company commenced work within a few weeks of the fire with the goal of "getting them [the Bodiens] back in there in two months." Amacher added that as the Bodiens did not have contents coverage on the claim, he volunteered the work of some of his employees.
He said as is typical with such restoration claims, the insurance company releases money in stages corresponding with the percentage of the project completed and he expected three or four payments on that particular project.
"They [an inspector] just come in and do a walkthrough and we broke it down in to 25 percent, 50 percent, and the final. So three or four times they release money," Amacher said.