HomeMy WebLinkAbout04-2916
QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
DOCKET NO. 0 'I. ;I. t) /t." f..J.~ -r L<--
v.
MERRICK WILSON, AKA RICK WILSON
Defendant
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty A venue
Carlisle, P A 170I 3
(717)249-3166
QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
DOCKET NO. 0'1' ;l9J(, G.;xJ -r.:......
MERRICK WILSON, AKA RICK WILSON
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW this 2 2 ~ day of June, 2004, comes the Plaintiff, Quality
Builders Warranty Corporation, by and through its attorney, John A. Gill, Esquire, herein
files the Complaint and avers in support thereof the following:
I. Plaintiff is Quality Builders Warranty Corporation, (QBW), a Pennsylvania
Corporation with its principal place of business located at 325 North Second
Street, Wonnleysburg, Cumberland County, Pennsylvania.
2. Defendant is Merrick Wilson, AKA Rick Wilson, (Wilson), who is an adult
individual who resides at 1332 Moon Drive, Yardley, Bucks County,
Pennsylvania 19067.
3. On July 18,2000, Wilson, individually and as President/Owner of Presidential
Hill LLC, executed a Builder Agreement in which Presidential Hill, LLC
agreed to become a member in the QBW lO-year Limited Warranty Program.
A copy of said agreement is attached hereto and incorporated herein and
marked as Exhibit 1.
4. Wilson executed the agreement as guarantor of the perfonnance of
Presidential Hill, LLC.
5. Presidential Hill, LLC breached its Builder Agreement with QBW by failing
to properly address the complaints of a property owner at 15 Chaney Drive,
Pennington, NJ 08534, which home was constructed by Presidential Hill,
LLC and enrolled in the QBW Limited Warranty Program.
6. On May 15,2003, a Compliance Award Arbitration indicated that Presidential
Hill, LLC was in default of its obligations under and pursuant to the Limited
Warranty Agreement.
7. Wilson placed his endorsement on the Builder Agreement, indicating that he
agreed to indemnify and save hannless Quality Builders Warranty
Corporation against and all actions, claims, liability or loss whatsoever that
may result from Presidential Hill, LLC's membership in the QBW ten year
Limited Warranty Program.
8. By virtue of Presidential Hill, LLC's default, under its Builder Agreement,
QBW had to undertake the builder's responsibilities.
9. In accordance with paragraph C.2 of the Builder Agreement, the builder
agrees to reimburse QBW of all expenses incurred in perfonnWl:l their
obligations, including but not limited to cost of materials, cost of collection,
labor, architect's fees, engineering fees and counsel fees.
10. As a result of Presidential Hill, LLC's breach, QBW Confessed Judgement
against Presidential Hill, LLC on May 23, 2003, in the swn of $28,500.00. A
copy of the Confession of Judgement docwnents are attached hereto and
incorporated herein and marked as Exhibit 2.
11. On March 3, 2004, Presidential Hill, LLC filed a Petition to Strike/Open the
Confession of Judgement, which was denied by Order of Court dated June 17,
2004, a copy of which is attached hereto and incorporated herein and marked
as Exhibit 3.
12. As of this date, Presidential Hill, LLC has not paid the amount of Judgement
and therefore, Wilson as the Indemnitor of Presidential Hill, LLC
performance, is liable to QBW for the amount of the Judgement.
13. Additionally, Wilson is liable for additional attorney's fees and costs in
connection with Presidential Hill, LLC's default and collection of the
amounts due as follows:
A. Attorney's fees $ 11,200.00
B. Arbitration fees $ 1975.00
C. Filing fees $ 179.50
D. Engineering/Inspection fees, $ 530.77
Total $ 13,885.27
14. As a result of the foregoing, Presidential Hill, LLC breached its Builder
Agreement, therefore Wilson as indemnitor, is liable to QBW for all sums
owed to it by virtue of Presidential Hill, LLC's breach of its Builder
Agreement.
WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, demands Judgement
against Defendant Merrick Wilson, AKA Rick Wilson in the sum of $ 42,385.27 plus
attorney's fees and cost as authorized by the Builder Agreement attached as Exhibit I,
and such other relief as the Court deems just.
JOHN . GILL, ESQUIRE
ey ID # 41532
325 North Second Street
W ormleysburg, P A 17043
Attorney for Plaintiff
Quality Builders Warranty Corporation
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\f.:~.6 BUI~R AGREeMENT
AGREEMENT made this If day of~! ,20 (;'"0
between QUALITY BUILDERS WARRANTY CORP TfOrO. a Pennsylvania corporation, herein referred to as "C5W;
and PttlC:."o411JP.tworlllL &:ILL, t.LC
Name 01 !uHder. fiMiCat8 whotner a <;erporaDon. DSMQrMio. ina:\'idoal O~ OU'len
, of
A<loreli&
2 ~....... Avenue. Pemtingccn. lU 08S34.
s....
herein re1erre<i 10 as "Builder."
21.
SeCTION A, MEMBERSHIP AND TERM:
'. OBW admlnlstGrs a program wherebY home builders registered With QBW enroli hom6S "'ley ~onstrtJct In the program and
purchas~rs of those ,10mes are prot9Cted cy a wan-anty against certain specified detects.
2. In order to develop and maintain a good reputation lor providing protection to purchasers ol...ell.built hornes. OBW protec:s
and p:cmotes irs goo a-will by careful selection oi builders to partlcipa,e in Its warranty program.
3, Builder deSIres to participate in aaws warranty program and, to that end, agrees to abide by the proviSions of thiS
Agreement and to conform its behavior to the standards expressed harein and in the Wm~ed Warranty Agreement. Buiider
warrants that ali information supplied to aBW in connection with its application Is true and correot
4. All .'egi8tration fees (initial and annua, rescreenlngl are Sat oy aBW at its discrelion and are non-refundacle.
5. CBW, upon executing thiS Agreement, has accepted Bu/lder as a member of its warranty projlram, sUCject to th.. Builder's
r:cntinuing performance of its obligation under tl1is Agreement.
6. Builder's membership shall commence on the date of Execution by caw and shall continue untiltenn/naled oy either party
in accordance with the terms of this agreemenr. OBW reserves the right to rescrean Builder annually. If 08W determines
mat Builder does not meer Its approval standards upon reSCte90IOg then caw may lerrrnnete Builders membership and the
provfSlons of Section 8, paragraph 6, shall be in effect
secnoN B. HOMe ENROL1.MENT:
1. Requi1l!lD8l1ts. As part at Its participation in oaw's warranty program, subject to aBW's Qcoeptanc;e, Builder agress to
enroi! in the program every home, Builaer, Burlder's Principals, or any entity under Builder's, or aUlUts<'s Princip8ls common
conlrOI: COnstruclS in any state in which OBW operates and agreefl to pay all lees noqui<ed by oaw '" !/1e enrollmenr
P"'~~$' whim tees shaH be non-r..tundal:lle.
2. Procedures. Buil'der agrees 10 enroll Its homes aCCilr::ling to procedures established by CBW. auiloer may enroll homes
currently unaer constnJeticn amc: homes completsd QUI nOlsold at occupied (as of the aat& of this Agreement or the dilte 0:
reacceptance following a period of SUSJ78nsio", or non-oarticipatiom). pravidoo that enrollment is made within 45 dllY3 01 exe-
cution 01 this Agreement or reacceptance. and OSW has inspected and approved the home_
Homes which remain in a 3ullder's inventory longer than 18 months must be enrolled by the end of the 19th month
from ccnstruction start date to qualify lor enrollment The wan-anty will be issued to the Sulider and the unexpired portion of
,he warranty will automatically transfer to the purchaser.
When enrolling olher than a detached single family dwelling, Builder shall enroll eacn individual unit at any multiunit
dwellinc such as but not limited to duplexes, townhOUSes and condominiums.
F;r each home enrolled, the Builaer shall pay a warranty fH as determined by OBW within the time periOdS estaO-
IIshed by aew. All warranty fees are non'refundable. A minimum warranty fe.. 01 $100,00 shall apply.
oaw wiIJ provide Builder with a copy of the Umited Warramy Agreement and enrollment form. Builder and purchaser
must complete atlc sign the Enrollment Form at closing, and Suilder agrees to furnish OBW with a copy of the signed
Enrollment form within ten i1 0) days of c!oslng. Builder agreea not to charge the purchaser dlrec:Jy ler the COSI of the enroll-
ment fee. A home will not be considered enroUed until Clew receives and approves the fully executed an<l complated
Enrollment Form, payment ot all tees, and an approved flnal inspection.
3. Reservation of Power at Review. 08W reserves the right to r.ct any home submitted for enrollment in the program if (a)
Ihe Suilder is not a memb... in good standing; (b) the home is not consrructed in accordance with the Warranty Standards
or bUilding codes specified in the Umited Warranty Agreement; (c) the Builder did not observe the enrollment procedures:
(d) misstates or misrepresents any information; (e) in any way falls to comply with the teons of this Agreement
4. Asaignmerrt of Rights. if a purchaser files a Complaint pursuant to the Limiled Warranty Agreement which the Builder tails
to correct. the BUIlder hereby a=signs to oaw or its InSUrer, as the case may be, any rights which Builder may have against
a supplier, manutactul"9r, suCcontractor or other pe",an tor work per/armed or materials SIIPpHed in connection with that
claim. BuJider agrees to cooperate fuJiy with aaw and to provide aaw with all information Which it requests pertaining tC
the claim. If Builder fails to so cooperate. Suilder agrees to compensate and indemnify OBW for any damages sustained by
such lack of cooperation.
5. Breach and Remedy. If Builder fails to enroll any ..il/'ble home as required by this Agreement, oaw may seek spedflc
enforceme~t or 0100r aporopriate reliet in legal or equitable proceec;ilngs, even if this Agreement has been terminated.
.' Exhibit 1
JUN-28-60 8~:43 HM ~RE~iD~r~i~HL
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JUN-19-200a 15:03 Q!JRllTY BUILDERS ~RR~TY 7 7 737 .
rurtnermors. QUllLlttl ts'JIIOal:3 IV "''-'0111''''1 ......... ........ .,......_...__ __ 1 4288 P.08/09
suffer as a rellult at Buileer'a brllcn of this Agreement ar.d such losses and COSts snail include reasonable attorney's lees
iIld eltPe~ wltneS3 feell,
BUilder hereby irrevocably authoriue and empowers any attomey or any court at recorti at F'enn5Ylvania or aisewhere
to appear lor and confesa jUdgment against Sul/der lor a/l amounts for which Sui/der may become lIaele te OBW for :h.
breach of this Agreement, as evidencsd by an attldavlt signed by an officer at oaw setting to~n the amounts thin due. plus
allornay's feea ineurred by aew, with coats at suit and rt/eass at errors. Such authority snail not be exhausted by sny one
exercise thereof but judgment may be confeased as aloresaid Irom time :0 time as otten as thsr, is a d.tault.
Remeoies statsd hereln are "ectlve and nor exclusive and OBW may elect to procaad under this or any orner ~ara'
gl1lpn in this A~reement.
s. Suspension or Termination_ OBW may terminate, or at ils c~tlcn, suspend SUllder'S partici"atlon in QBW's WarranT'!
Program. or any entity Or individual wnlcn BUilder Is affiliated. If aaw determines thll Suilder !'las done any 01 the fOllOW-
Ing. wnien shail ba deemad a breach of thla Agreement
(a) ~aila to comply /\lily with a/l "rovlslons 01 tnis A~reement: .
(bJ fills 10 perform any at Its OOligatlons und.r this Agrsement, inc!:Jding, but not limited to. cooosraling in the operation of
lt1e program's Informa' dispute resolution and arbitration proceeure:
(c) 'sila to respond to oaw's notice 01 a homeowner's oomplaint:
(d) lalls to comply with a declalon whlcl'lls renoered pursuant to complaint procedures:
(e) laUs 10 provide adequatll Dlurance 10 aaw within len (10) days after It recalves a writtan request Irom caw lor SUCn
assurance tnat (....Ith,n a reuonable Umetabl. estaollshed or approved by OeW) ,t is Willing and abl. to cooperate In
dispute settlemant and to perform tne Obligatione undar any dac:slon which is rsnderlld pUrlluanl to such procedures;
if) falls to otherwise cooperate In the operation ot Ine OBW Program in aocordll/'lce with Ihe rulss and regulations ot the
caw F'rogram:
111/ lall9 to "rovide IImely proot at compliance witn tnil A~reement a.s and wnln rIlQu'S!8<1 by aaw;
In) fails to c;om"ly wit" oaw Warranty Standards and building codes as slated In tIllI l.imlted Warranry Agreement:
Ii) /alls to com~ly witM the enrollment proc@dures as1abliahea by oew;
Q) faila to provide proot that IInrolled nomll havl been !Ueiected to reqUJred inapectlons:
Ik) lails :0 reapond to purchaser oomclllinlS in a timliy mann.r and as prOVided in the limlteo Warranty Agreement;
(I) tails to perlorrn its obligations with prolessional competence or oondUCt ita o"eratlons from a posl~on ot finanCIAl stren~lh
and stability; .
(m) lail, to no~fy oaw within :30 daYI ot a Change in ownarship, oompany name or com~any standing, Hnancial oondltlon.
or of any Olner mSf8rlallact whloh mlgtll affect SUllder's ability to meet Its obligation I under :his Agraement
,nl lailll to /IIeet ethical standards in Its aealings with CUSTomars: or
(0) mlealalliS or mlsrllprllsenlS any intormatlon In connection with Its application or in the rescreening crocess.
OBW reservlle the option to ralnlltate termlnatsd affiliates 0; Ihe primary, II/minatad Buildsr if aaw dstsrmmllS :nat
tile terminated aullder Or its princi".ls are not in a position to controllhe atfllialed Builder.
Termination 0/ Builder by oaw shall nat affact Ine rights ar obllgallons of any 01 'lhe partles to thta Agreement NilM
respect to the Wal'lanty F'rogram in alfect at the date of termination, subject to thll provlaions pertaining 10 voidaolllty.
It a Builder i. suspended or terminated. lis shall not repreaent himselt to be a member of the caw Warranty F'rogram
nor offer the oaw Warranty and shall not use its ~ogo or refer to the program In any way nor attempl to enroll any home.
The auildar shall immedlatsly notify any Buyer currently under contrlct to purcnase a nome of the suspension or tennlns.
Uon and that the caw Warranty Program has biten wilhdrawn, Upon requeet, Builder shalllmmediateiy return to caw ad
matlrlels suppll.d by OBW and all matarial making reterencI to caw, Should Builder fail to tlke these st.~, ~ shaJl indem.
nify and hold harml". oaw and tns Insurer ,..ains! any and .11 expenses Incurred and I_a auffered. inclUding but not
limited to attorney fees, by .ith~r 0/ them as a result. In addition, Sullaer shall pay int,rest to QBW at the rate at , 8% per
annum on all sums due to aaw hereunder It such sums are ncrt paid within 30 days of demand oy caw,
BUlle,r may terminate ltlls Agr.ame"t Uoon 30 daye advance written no~ca to oaw. It so terminated cy BUilder or by
OBW, BUilder's obligations undal tni. Agresment shall continue as 10 ltlOSI nomes enrolled dunng tl'l9 period in wnicl1 tIlis
Agreement WII In effect.
7, Notice. It oaw possesses a reasoneble belief that leason .xistS 10 terminate or suspend a BUilder lor VIolation of this
Agreement, OBW m.Y immediately terminate or suspend the Builder by providing it with written notice. If caw elBC'.s 10 sus.
pend tne BUilder, such suspanslon will ramain In .ltect until Builder has oured ail defects to OBW's satisfaction. nowever,
aaw r."rves the nght to :erminate any suspended Builder.
a, Voidablllty. oaw resslVes the rIght to void any enrollment il Builder misstates or misreprasents any Infonnation in Its appii.
cation or In the rescreening ProcfSs or misstates or misrepresents any information In the enrollment of a particular nome Qr
lalls to pay eny '.es dL"! rOr enrollment of any particular home or fails 10 torward an enroilment form for a particular nome
within to days as reqUIred, or falls to enroll all units af a multi urtJ! builoing.
.""
SECTION C. BurLOE~'S OeUGATIONS:
1, Construction Obllg"~on., foJlowlng are the Sui/der's oOligat/ons with respect to Q8W's War'anty P'ogram:
ta) BUilder snail cons.ruel all homes In conformity with tho Warranty Slandard. provide", in tM Limlteo Warr...nry "gr,.manI.
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m8nte or Other means 01 protecnon with respect 10 any 110mes constrUctsd by Suildar wnlcn caw detem'llnss 10 be
'High Risks: .
(bl Build.., agreea to I1Bve aI/ homllS Insoected. IS required oy caw, and to pay all/sea tor the Insptttlon and to proVide
evidence of Inspection as and wilen reCUlred by OSW. oew shall provide inspectors or shall approve govamme~lal
Inspectors.
:cj oaw shall l1ave the rlghl to perlom'l aootlnspectlona to verify a..llldar's compliance wlll1 thla Agreement anCl SUllaer
~rees 10 cooparale.
(dJ The Builde, agrees to Indemnity and Mold l1arm/ess caw and/or its Insurer lor any loeses or damag.S oaW and/or its
Insurer may sutler as a resull 01 the use ot fire retardant Ireated plywood on any building enrolled under lhs caw Ten
Year Warrenty Program, This will include all claims and lIaoillty for losses. damages ana .xpenses whlcn OSW Indlor
its Insurer may sUStain. incur, payor be lIallle for by muns of any inveatlgatlon eelllamant or IlllgatlOn 01 any claim or
acllon whloh may ba raised, made or broughl due to the pot.ntlal dafects causad or likeiy 10 be caused by use of ;ha
luoiect plYWood.
(a) If tn. Sullder Is intormed by CBW thai it Is building In an ar.. deSignated 8S ana witn aCllve SOil concitions, Ihe BUilder
39reas to oblaln SUCh soile investigations and reports as may be r,cuired by caw. If suCh reports Indicata a n'ld tal
spec,sl 10unCl.tion design the Builder agrees to construct TtIe founoation according to IMe deSign 01 ;I reglslerad proiss.
siona! englnesr :0 lake inlO accounl the condnlons alsc/osaa by 1ns soiltaslS.
2, Warranty Obflg8tione. Buildsr agrees to perform all OOJigatlons anslng from lnis Agreement and 111' i.imlted Warrant'(
Agreement.
The BUilder SMail at its own exp.nse per/arm all obligatlona e8 sel lonl1 In Ihe caw Warranty Program ana Ihis
Agrsement which inclUdes meeting Ih. warranty standards upon nOtlC8 tram Ins Pu(cnaser Without tne nacesslty 01
aBw Intervention.
aUling years one and two unClBr the OSW W/msnr, Program, ,'tne Builder falls ar reluSH to oer/orm ilS obligalions in
accordance with ths Limited Warranty Agr.ement or INs Agreem.nt, CBW will perform Ihe Bullder's OQlIgatlons. howev,r,
Ihe BUlldllr agr..s to reimburse 08W and/or Insurer lor all expenae8 ,ncurred in perlom'llng tneir obligations. including but
not limited to, cost 0' materiala. cost of collection, labor. archllect's tees, engln..nng faas and counsel lees. caw ,nalor
Insur.r ,...rve all rights at sUbrogellon.
C!uring yeara U,ree through len under ItIe oaw Warr-anry Program, caw will perlorm its obi/gatlons with respect to
major atruclural defects IS ~et toM and dsflned in Ine Gmltad Warranry Agreement Without tna right ot subrogation sgalnst
the Bullaer provided that the defeel, or symploms 01 the gullsequent occurrence 01 :he d,'ect. rlr&t arose alter th. expira-
tion 01 two years undar th..CSW Warranty Program In .tIecl for that home. and that Bui/dsr did nOl anemp!!o concul or
cosmeUoally repair the d.fect or symptome 01 the sub..quent occurrence 01 a defect and Ihat m. defect doea not an!' frOl'll
8uiloer's tallure to conelNctth. home to aoplicable caw standards or adhare to BUilder'! re!ponsibilit"s under ltla Builder
Agreement.
If the Builder rapeirs a major structural defact during yaars one or two, aaw must be Motlned. Once notified. oaw Will
psrlorm a compliance inepectlon.
3. Builder is suthorized to advertiss ils membersl11p In lhe CSW Warranry Program and 10 use ita Logo In Its buslnass, pro.
vlded thet any referance to caw or its Insurer, whetl1er contractUai or advertiSing copy, be approved by caw In wntng In
advanc. at its use.
seCTION O. INFORMAL DISPUTE PROCEDURE:
1, 8uild.r lI'Iould be awere that the i.imited WlIrranty Agreement provld.s lor an Intormal dlsPUle settlement and areitralion
proc.dure to resolve complaints by purchu.rs under The l.imiled Warl'llnry Agreement. Bui/aer should become familiar with
the samement praC8<lure8 In order to b. aware ot lIs rlgl1ts and responsibiJitill. aullder agrees to coop.rale tully In Itll pro.
cedure and :0 be bound by and to comply with any deciSion of an Independenllhird party, or artlitrator.
. " the Bulld.r 'alls te per/orm Its ollligeUons hel'llunder In a timely and workmanlike manner, such failure sMaJl be con.
Sldered to b8 a "rueal te p_Horm govemed by paragraph C.2 h.reot.
2. The Builder agrees to pay all re.. char;ed in connecllon with the inlormal dispute settlemenl and arbitralion proceduru.
SECTION E, TERMS GOVERNING OPERATION AND INTERPRETATION:
1. 8ullder agrees to perform ita obligatio", under this Agreement In a timely mannar. However, tlma provided for per/ormance
of obl/ge~ens hereunder shall b. .xlInd.d by events not sue/fet to centrol by ttla person obligated to per/am'l. Sucn events
InClude acts 01 God. or the publ/c enemy, or rior. civil commorion. or \Iov,mmental eonduc::.
2. De.erlp:lve Me8dlngs a810 the contents of particular proviSions of this Agraement are Intendad for Convenience onlY ar.d are
not to be considered in construing thi5 instrument.
3. This Agreemenl ahal/.not cenSlllule or 0' considered an ilQancy, em player-employee ralallonship, joint venture or panntt-
snlo betwaen rne partuiI', Non. at tlte parti... nor any ot thlir employees or a\llnts, !heill1ave lJ'Ie authOrity !O bind or oalig'
are the other party excepl as providQd by this Agreement.
4. Should any provisions at this Agreement be delermlned lly a court of com pet en: juriSoicllon to be unenforceable, that deter.
mlnauon will not affect the validity 01 the remelnlng proviSions.
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5. This Agreement shall be inter ld and enforced in accordance with the law, the Commonwealt/l at PennsYNania. All
suits instituted unoer this Ag......'lenr shall be brOUQht in Pennsylvania in a court of competent .urisdiction. Builder here~y
consents to the persone; juri~idion of the Pennsylvania courts.
6. Builder shall net assign thiS Agreement without the prior written consent 01 QSW,
7. "i11is Agreement shall inure to the benefit of and be bindinQ upon the heirs, executors. administrators. assignee. and suc.
cessors at tM representative pallies.
8. T!'Iis instrument. and security documents and documents re/erred to Or incorporated /larein by reference. contain the en1i~e
agreeMent between the parties. and no statement. promises, or inducements made by either peny or agent at either party
thar is not contained in this written contract s/lall be valid or Oinding; and this contract may not be enlarged. rr.Cldified. or
alterect except in writtng signed by tI'le parties and endorsed hentOn,
g, Failure at either pany to insist upon compllanCt!l with any proVision of this Agreement shall not constiJute a waiver of thal
provision.
10. All notices ~qUlred hereur.der must De In writing and Sllnt by certjfieci mail. posrage prepaid. retum receipt reque5:9d. to
the recipient at the respective aodress shown belOW. or to whatever address the party may deSignate In wrmn..
11. The effective date 01 this Agreement shall be fhe date of execution by OBW_
QUAWTY 8UILDEns WARRANTY CORPORATION
Sy
__;&_&J7/~U
0_ of execullon lly Q8W,
July 24, 2000
'70503
Builder's ReglSfratlon No.;
}:"N~li...."",LJ.AL SILL, LIJ::.
8UILDER:
7-18-00
en,," 01 Builder.. pi-.. prim Of type)
OATE
By
see below
is',,,.,... 001 .6ulhgriad R.~Jlt:Itiq - fln_.
(PI.Sf prlnt rtlil'Mfttae ot~)
:2 ~<'""" A'IelUe. i'em1inogton, H1 0853G
fAcidrest)
llJEMNIFJCA l~Ol'/
TBI; UNDERSIG1\of~D. im:nding 10 be legally bound.. jointly and severally do hereby ag.-ee ro indemnitY ami save
harmless Quality Builders Warranty Corporation against any and all actions, claims, demands. liability or loss.
whar5oe~er,. that may ~t fro:n PRESIDENTIAL ~L, LLC'S membership in Quaiity Builders \Vamllny
Corp~':'tIon s lO-year Limited w~ progra~ 1I1cluding, but DOt limited to actions, claims, demands., liability or
loss may result from the execunon and delivay of the within Buiider .~em: or PRESlDLVflAL HILI...
LL' non-plllfol1llallCe of its duties or~b/j ions dter-eunder, wltich includes any liability tOr am BWlder
pa,st, presCllt and future. ~ .
~ (f OV r-J/A .
CK SON :ATE SPOUSE DATE
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HOME ADDRESS .T"
copyngllt, _
QuaUty 8ultaers W81T8nty Corporation
CliW FCR~ OSD ,.a,.ve
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QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
v.
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO. Q) -)..tlc.;~ <3o~ L~'ilLW1
CIVIL ACTION \
Plaintiff
PRESIDENTIAL HILLS, LLC,
MATHEW R. WILSON AKA RICK WILSON,
INDIVIDUALLY
Defendants
To PRESIDENTIAL HILLS, LLC. Defendant
You are hereby notified that on May 23,2003 judgment by confession was
entered against you in the sum of$ 28,500 in the above caPti~ne~e.
DATE: ~/~I/tx>' ~~ 72,~~
Prothonotary ~ (.../
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
I hereby certify that the following is the address of the defendant (s) stated in the
certificate of residence.
PRESIDENTIAL HILLS, LLC
2 MADISON AVENUE
PENNINGTON, NJ 08534
A PRESIDENTIAL HILLS. LLC, Demando (s)
~aintiff
Exhibit 2
DCBA-300 Rule 11.5 (a)-4/3/81-M-4/24/81-M
Por este medio sea avisado que en el dia de 23 de May-un [allo por admision fue
registrado eontra usted por la eantidad de $28,500 del easo antes eserito.
Feeha: el dia 23 de Mav de 2003
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A
DIRRECCION SE ENCURENTRA ESCRITA ABAJO PARA AVERIGUAR DONE SE
PUEDE CONSEQUIR ASITENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Street
Carlisle, P A 17013
(717) 249-3166
Por este medio certifieo que 10 suquiente es la direeeion del demando dieho en el
En el eertifieado de resideneia:
PRESIDENTIAL HILLS, LLC
2 MADISON AVENUE
PENNINGTON. NJ 08534
~
Abogado (a) de Demandante(s)
QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
v.
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO. Cl3 - -1. II 'I,)" C~~ L ~~
CIVIL ACTION
Plaintiff
PRESIDENTIAL HILLS, LLC,
MATHEW R. WILSON AKA RICK WILSON,
INDIVIDUALLY
Defendants
To MATHEW R. WILSON AKA RICK WILSON, Defendant
You are hereby notified that on May 23, 2003 judgment by confession was
entered against you in the sum of$ 28,500 in the above captione: cas)?
DATE: _t:'/;) 1/63 C.!/l.-i0. J2.~!"
Prothonotary ~C7
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
I hereby certify that the following is the address of the defendant (s) stated in the
certificate of residence.
MATHEW R. WILSON AKA RICK WILSON
1332 MOON DRIVE
YARDLEY, P A 19067
tto ey for Plaintiff
A MATHEW R. WILSON AKA RICK WILSON, Demando (s)
Por este medio sea avisado que en el dia de 23 de May-un fallo por admision fue
registrado contra usted por la cantidad de $28.500 del caso antes escrito.
Fecha: el dia 23 de Mav de 2003
Protonotario
LLEVE ESTA DEMAND A A UN ABODAGO IMMEDIATAMENTE. SI NO
TlENE ABODAGO 0 SI NO TlENE EL DINERO SUFIClENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRRECCION SE ENCURENTRA ESCRITA ABAJO PARA AVERIGUAR DONE SE
PUEDE CONSEQUIR ASITENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Street
Carlisle, PA 17013
(717) 249-3166
Por este medio certifico que 10 suquiente es la direccion del demando dicho en el
En el certificado de residencia:
MATHEW R. WILSON AKA RICK WILSON
1332 MOON DRIVE
YARDLEY. P A 19067
d- -
Abogado (a) de Demandante(s)
QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
DOCKET NO.~- ~N;)., ev.-L c,-~
CIVIL ACTION
c:>
(.,)
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PRESIDENTIAL HILLS, LLC,
MATHEW R. WILSON AKA RICK WILSON,
INDIVIDUALLY
(")
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PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSI<J12
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Defendants
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pursuant to the authority contained in the warrant of Attorney, a copy of which is attached to the
complaint filed in this action, I appear to the Defendants, Presidential Hills, LLC, and Mathew R.
Wilson AKA Rick Wilson and confess judgment in favor of the Plaintiff, Quality Builders Warranty
Corporation and against the Defendants, Presidential Hills, LLC, and Mathew R. Wilson AKA Rick
Wilson as follows:
(Principal) Sum
Attorney's Fees
Total:
$25,000
$ 3.500
$28,500
Said judgment is authorized and taken in accordance with Pa. R.C.P. 2951 (b) and Pa. R. C. P. 2953.
By: ~ A. ~ILL, ES;UIRE
Attorney ID # 41532
325 North Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
Quality Builders Warranty Corporation
Date: 5~;2?--C[?
QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PRESIDENTIAL HILLS, LLC,
MATHEW R WILSON AKA RICK WILSON,
INDNIDUALL Y
DOCKET NO.
CNIL ACTION
Defendants
COMPLAINT
CONFESSION OF JUDGMENT
AND NOW, this 23 day of May, 2003, comes the Plaintiff, Quality Builders Warranty
Corporation, by and through its Attorney, John A. Gill, Esquire, and files the within Complaint pursuant
to Pa. RC.P. 2951 (b) - (c), Pa. RC.P. 2952, Pa. RC.P. 2953 and Pa. RC.P. 2955, judgment by
confession, and avers in support hereof the following:
I. Plaintiff is Quality Builders Warranty Corporation (Quality Builders), a Pennsylvania
corporation with its principal place of business located at 325 North Second Street, Wormleysburg,
Cumberland County, Pennsylvania.
2. Defendant Presidential Hills, LLC is a New Jersey corporation with its principal place of
business located at 2 Madison Avenue, Pennington, New Jersey 08534.
3. Defendant Mathew R Wilson AKA Rick Wilson is an adult individual who resides at
1332 Moon Drive, Yardley, PA 19067.
4. Attached hereto and marked as Exhibit A, is a true and correct copy of the instrument
duly executed by Defendants that contains the warrant of Attorney to confess judgment.
5. Judgment is not being entered by confession against a natural person in connection with a
consumer credit transaction.
6. The attached instrument has not been assigned.
7. Judgment has not been entered on the instrument in any jurisdiction.
8. Default was made by Defendants when they breached their Agreement with Quality
Builders Warranty Corporation. More specifically, the Defendants have not adequately addressed
homeowner complaints at 15 Cheyenne Drive, Pennington, New Jersey 08534.
9, Pursuant to Section B 6 (e) of the attached Builder Agreement and from Arbitration
Awards dated August 2, 2002, December 23,2002 and May 14, 2003, the Defendants are obligated to
perform repairs at 15 Cheyenne Drive, Pennington, New Jersey 08534.
10. Quality Builders Warranty has attempted on numerous occasions to obtain adequate
assurance from the Defendants that they will perform their obligations under the Builder Agreement and
the Arbitration Awards. To date adequate assurance that the Defendants will complete the above
referenced work has not been forthcoming.
11. As a consequence of the foregoing the Defendants are liable to Plaintiff, Quality Builders
Warranty Corporation in a sum of$25,000 plus attorney's fees in the sum of$3,500.
12. The above is substantiated by Quality Builders Warranty Corporation's Affidavit, a copy
of which is attached hereto as Exhibit B.
WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, demands judgment against
Presidential Hills, LLC, and Mathew R. Wilson AKA Rick Wilson, individually in the sum of $28,500.
By: \ _ _ ---
<'"'1l5AA-A. GILL, ESQUIRE
~yID#41532
325 North Second Street
Wormleysburg, PA 17043
(717) 737-2522
Date: ~ /2 7 /"/
Attorney for Plaintiff,
Quality Builders Warranty Corporation
EXHIBIT A
_ ~ . ,-'-=-
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\Q)J BU:B1R AGREEMENT
AGFlEEMENTmaaethis If day or "/
between QUALITY BUILDERS WARRANTY COR ~TioNl, a Pennsylvania corporation,
and &~IIJio:Norl.I\L &::ELL, LLC
Name Of 8uiidflr.' (inaiciI& IAIhr:Pler I COfPOracU:n. pattflerstriD, jna:viciJIIJ O~ o:Nerj
"0 C"D
,~
herein referred to sa "OBW:
,01
MartH
2 ,....n._ Avenue, PeIIDi.ngt;crI. lU 08534
s....
herein referred 10 as "Builder:
a.
SiOcnON A. MEMBERSHIP AND TERM:
,. Qf3I/I/ administers a program whereoy home builders registered with QBW enroli homes c,ey :onstruct In the program and
purchasers of those nameS are prolflCtad by a warranty against certain specified detects.
2. In order to develOp and maintain a good repulatlon tor providing protection to purchasers of ...ell.built homes. CBW protec:s
and promotes lIS gooo-Will by caretul seleclion of builders to parlicipate In Its warranty program.
3. Builder deSIres to participate in caw's warranty program and, to mal end. agrees to ..olde by !he provis;ons of thiS
Agreement and to conform its behavior to the standards expressed hIlrein and in the Wmited Warranty Agreement. Builder
'"arrants tMt all information supplied to aBW in connection with its application Is true and correot
4. All .'egistration fees (initial and annual r"SCreenlng) are sat oy aBW at its diseredon and are non-refundaole.
5. OBW, upon exaeuting ttllS Agreement, hall accepted Buiider as a member of its warranty program, subject to 'he Builder's
r:cntinuinQ performance or Its obligation under this Agreement.
6. Bullder's membership shall commence on the dare of execution by aBW and shall continue untii terminated by eithar party
in accordance with the terms of this agreement. OBW reserves the rlgh1lo rescreen Builder annuallY. If Claw determines
that Builder does not meet its approval standardS uoon rescreening then aBW may lermlnalB Builders memberSl1lp and the
provisIons of Section a, paragraph 6, snail be in effect
SECTION S. HOME eNROLLMENT:
1. Requirements. As parr of its participation in OBW's warranty program, subject to aaw's acceptance, Builder agrees to
enroll in the program every home, Builaer, Sullde."s Principals, or any entity under Builder's, or BUJJ4m's PriIlcipals common
camrol: constructS in any state In whicn OBW operatas and agteell to pay ali lees requii:ed I:ry oaw In tile enrollment
p=s&. wAim fees snail be nOMofetundabte.
2. procedUt'es. Builder agrees 10 enroll its homes accornlng to procedures _abtished by Qaw. Builder may enro,l homes
currently uncer constrtlc:licn ant! homB$ complete,i out not sold or occupied (as of the date Oflh,s Agreement orrhe Cl..le 0;
t8;cceptance following a period of suspensiorn or MM.oarticipatio~} pt(1Vided' that enrollment is made within 45 days 01 exe.
cutlon at thIS Agreement or reacceptance, and CBW nas inspected and approved the home.
Homes which remain in a 3ullCler's inventory longer than 18 months must oe enrclled by the end of the 191.'1 month
from ccnstn.lction srart date to qualify lor enrOllment me warranty will be issued to Ihe 8uilder and the unexpired portion at
[he warranty will automatically transfer to the purchaser.
When enrolling other than a detached Single family dwening, Builder shall enroll sad'! individual Unit Of any mulliunit
dwelling SUCh as but not limited to dupielCes, townhouses and condominiums,
Far each horns enrolled, the Builoer shall pay a warranty tH ss determined by OBW wUhin the lime periOdS estatl.
IIshed Ily aew. All warranty ;ees are non.refundable. A minimum warranty Ie'! of $100.00 shall apply.
QBW will provide Builder with a copy of tl1e Limited warrantY Agreement and Enrollment lorm. Builder ana purchaser
must eomplere alld sign me Enrollmlilnt Form at closing, and Builder agrees to furnish oaw with a copy at the signed
Enrollment form within ten (10) days 01 closing. Builder agre. not to Charge the purcl1aser dlredy tor the coet of the enroil-
ment lee. A home wiil not be considered enrolled until DSW r8Cllives and approves tl1e fully execuled and completed
Enroilment Form, payment of all fees, and an approved final inspllCtion.
3. Reservation of Power at Revi_. aaw reserves the right to reject any home submitted for enrollment in the program if (a)
the Builder is nor a member in good standing; (b) the home Is not constructed in accordance with the Warranty Standards
or building codes specilied in the Wmited Warranty Agreement; (c) the Builder did not ollseI'Ve the enroll:nent procedures;
(d) misstates or misrepresents any information; (e) In any way fails to comply with the terms of this Agreement.
A, Assignment at Rights. If a purchaser flies a Complaint pursuant to the LImited Warranty Agreement which the Builder lails
10 correct, the Builder "ereby a$Signs to asw or Its Insurer, as the case may be, any rights whicl1 suilder may have against
a supplier, manufacturer, subcontractor or other person tor worlc performed or materials SIIPpaed in connectlon wltn that
claim. BUIlder agrees to cooperate fuily with oaw and to provide oaw with ali inlormation which it requests pertaining Ie
ihe claim. If Builder fails to so cooperate. Builder agrees to compensate and indemnity asw for any damages sustained b~
sucn lack of cooperation.
5. Sreach and Remedy. If Builder fails to enroll any eligible home as required by this Agreement, aBW may seek specific
enforceme"lt or olner aporopriate relief in legal or equitable proceedings. even if this Agreement has been terminated.
JUN-28-0e 0~:4~ ~M PR~~LDENi~ML
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J'UN-19-200e 15:03 GIlJl:lLITY BUILDERS ~RRFlNTY 7 7 ?3 .
t-urtnermOfe, Quuutfr tlVIl:ra= I~ 111\.01121111'''1 ......... ,....... .._.,._......... __ 1 7 4288 F.ee/rag
suffer IS a reault or Builaer's brnc/l 01 this Agreement arod such losseS and COSIS snail include reasonable attorney's lees
and expen wltne!5 lee8,
euilder Ilereby irrevocably auttJoriZlI ""d .m~owers any attomey or sny COUrt 01 recorti 01 Pennsylvania or eisewhere
to appear for and conl85s jUdgment aQain!t 6ullder lor all amounts for which 8uilder may become llacJe to oaw tor :he
br.ach of this Agreement, as evidencsd by an affidavit signed by an officer ot oaw sattlng 10nll 1I18 amounts then dUe. plus
attorney's tees incUrred by aew, wilh coets or suit and release of errors. Such aull10rity snail n01 be exhsU4ted by anyone
exerCise thereot but jUdgment may be confeesed as atoresaid Irom time to lime as often as there is a d.faull.
Remecies stated hereIn are "eCllve and not exclusive and OBW may elllc: to pro CUd under tillS or any olller ~ara'
graph in tnls Agreement.
8. Suapension or Ttlfmlnatlo". oaw Illay terminale, or at its option. susp8n~ Builder's ~articipallon in oaw's Warranty
Program. Or any entity or indlvlQual wlllCh Builder Is affiliated. It OBW determines that Builder haa done any 01111' fOllOW-
Ing. whicn shail b. det!med a Creach 01 thiS Agreement.
la) ~8jla to comply rully with all J:lrovlslons 01 tllis Agreement ".
(b) ta,ls 10 perform any or Its obligations under this Agraement, inC1\Jdinl1, bur nollimlted to. cooceraMg In the operanon of
Ins program's Imorma, dlS~ute resolution and arbilraUon procedure:
(ej laila to resoond to OBW's nOt~e oT a homeowner's complaint:
(d) lalls to com~ly with a decision whlen Is renasred pursuant to complaint procedures:
(s) la.ls 10 provid. adequate Ueurance 10 oaw wllllln len (10) days atter '1 rSClIlves a writt.n request from caw for !Ucn
assurance thel (wlth'n a reasonable tlmelable sstaclishsd or apProved by QBW) ,t is Willing and al:Ile 10 coop.rilte In
als~ute aattlement and to perform the Obligations under any dacislon which IS rendered pursuant to sucn ~rocedur8s;
If) falls to otheJ'Wlse cooperate In the operatiOn of tne OSW Program in accord8l1ce with tne /\lIas and regulatiOnS of lI1e
oaw F'rogram:
(g) lalls to provide timely proot 01 compliance with this Agreement. a.s and when reQullsted by oaw:
In) fails to comply wltn caw WalTan1y Slandards and cui/ding codas as stated in me L.imlled Warranry AgreerT'enc:
Ii) /alls to comply wit/l t/le enrollment procl'dures establisheo by aBW:
Ul fails to provide prool that enrolled homel hive been lucjecled to reqUJrlld inspectione;
(k) Jails :0 respond to purchaser como/aims in s timely manner and 8..!1 prOVided in the Umlti!1J Warranry Agreement;
(I) lalls to perform Its obl'gadon.s with professional competsnce or conOUct its operations Irom a posJUon at flnanc,al stren~1h
and Slablllty: .
1m) lails to MOtify aBW within 30 days 01 a cMnge in ownership. company name or company standing, tlnancial condition.
or 01 any other mati rial fact which mlgllt affect BUilder's ability to meet Its obllgallons under :I1is Agreement
.nl tails to meet ethical stindaras in Its oealillgs with CUSlomars; or
(0) misstates or mlerepresents any Inlormatlon In connection with lis applicltion or in tile rescreening process,
oaw reseNes ths option to r.lnalate terminated affiliates oj Ihe pnmsIY. terminated Builder If aaw delermlnes :/tat
tne terminated Builder Or its principIiS are not In e posillon to control the affiliated 6ullder.
Termination of Builder by oaw shall not affect chi rights or obl/gauons of any 011he ~ar11ls to tnfs Agreement 'Nllh
respecllo till WSflanty Program ill .iteCI at tile dale of termlnallon, subject to the pro\1isions pertaining 10 voidaOlllly.
" a Bulldar i, suspended or terminated. he Shell not represent himself to be a member of the aew Warranty Program
nor offer tlIe CleW Warranty and shall not use ils Logo Or reflr to the program In any way nor attlImplto enroll any home.
The auild.r shall immediately notify any Buyer currently under conlrlct to purchsu a home of the suspension or termlna,
<<on and that thl caw Warranty Program has been withdrawn, Upon rlquest, Ilullder sheJllmmedial.iy ralum 10 caW ad
"'aterlals supplied by Oaw and all materi., making referance to aBW, Should BUilder fail to talCe tnesl stlll$, ~ $hajj ind~m.
~ily a~d hold harm I... oaw and the InsLlr.r lIgainst any and all expenses Incurred and IClS$eS suffered. including but not
IImilad fO attomey fees, by lilher Of them as a reSult. In addItion, 6ull<ler shall pay intere&! to oaw at the rate of , 8~. per
annum on aI/ suma due to caw hereunder ~ auen sums are not psld within 30 days of demand by caw,
Buileltr may terminate 1I11s Agrelment upon 30 days adVance written notice to aaw, It so terminated by BUilder or by
OBW, BUIlder's obllgalions undar thia Agreemenl shall continue as to those homes enrolled during tne periOd in which tIlis
Agreement was In effect.
7. Notice. It OSW ~OSSesses a reasonable belief tllal leason exists 10 termlnale or .uspend a BUllaer relr vio/allon ct thiS
Agreement, OBW may immediately termlnete or Suspend tne Builder by providing il with written notice. If oaw el8C'.s to lUS'
pend the BUilder, such susoln.lon wll/ remain In elltct until Sullder hae curl<! all defgets to oew's salisfac:ian. 1l0wlIVer,
oaw r...lV'S the nght to terminate eny suspended Builder.
8. Voideblllty. aaw rasel'lea the right to void any enrollment if Builaar ml5l1a:es or misrepresents any inlormation in ils appli.
callon or In lI1a rascraening proctS$ or mlss:ate~ or misrepresents any information In tne enrollment of a panlcular nome or
fslls to ;lay Iny Ie." du~ lOr <snrollment of any pertlcular homa or fails to forward an i!rtrollment 'onn ror a par1Jculill nome
within 10 days u reqUIred, or falls to enroll all unita of a mulll unil bui1aing,
SECTION C. aU/LOER'S OeUGATIONS:
1. Const11.lctlon Obllg;;tiona. following are the Sui/dsr's oo/igatlons with respect to asw's Warranty Program:
ta) BUIlder Shall CQ~s:ruct all homes In conformity with the Warranty Slandards provided ;~ me limlled Warranry "gr.omont.
~...AI...... '.. _......l......._IO... ",,,_ _____.......... ~..1I_:_.. _____ __~ d'.' _. _ _ __,
."
JUN-;2.8-80 0::>:4..:;.....M ,....."t:.;=.~....t:..fj'#......'-
.
1~~~9~~~~".,~7,'~~'''L ~...~.._9U':~.IJ.Y -'~.UIL~~S I.IARRFlN!Y 717 T.l? 4288 P.Il7/1ilS
mente or other means of prolecnon with respact to any homes conslTycted by Byilder wnlcn QSW detelTl'lines to be
'High Risks:
(b) Build"r ag,.e3 to have ail homal! iI'SDeeted. III required by QSW, and to pay all Ieee for the Inspection and to provide
evidence ot InSP'ellon as and when r'QWld by 08W. cew shall provide inspectors or shall approve governmental
Inspectors.
;cl oew shill nave tile rtght to perlolTl'l scot InspectIons to venfy Builder's compliance With tn,s Agreement anct BYllder
avreas 10 coop"rlte.
(dl The SYilder agrees to Indemnity aM hold harmless OBW and/or ,ts Insurer lor any losses or darNg., CSW and/or its
Insyrer may syller as a rlayU of tha use at fire 'etardant treated Plywood on ilny building enrolled und.r :.he QBW Ten
V.lr Warranty Program. This will inciude all claims and lIaoillty tor losses, damages ano .xpenses which CSW andlor
its Insurer may systaln. incur, payor oe liable for by mesns of any inveetlgatlon "nlement or lihgatlon at any claim 0'
action wnlch may be raised. mace or broyghl dye to the potlntlal defects caused or likeiy to be c8ysed by use oi the
suoieet plYWOOd.
(el If the SYllder Is informed by caw thll it I. bylldlng In an arta deslgnatld as one with acwe SOil conoition.. Ihe Bullder
agrees to oblaln such soils investJgatlons and "po~s as may b. reoyired by oaw. If such reports ,ndicate a nl.d tor
spec,al founa.lion design the Builder agrees to construe: the loundation according to t/'le deslgn ot a reOISlereO prolu-
.ional engineer to take into accountthl condttlons alsC/ollO by lhe soil lasts.
2. Warranty Obligations, Builder agrees 10 pertolTl'l all OOJigationl anlln; tram this Agreement and the ~imlted Warranry
Agreement.
The SUlldar shall 81 its own expense perlorm sil obligations al Sit 101'11'1 In the caW Warranty Program anc this
Agreemarlt whiCh indudes meetlnll 1/,., warranty .tandards upon notic8 frem tne Purcna.er wJthoyt tnl necusslly at
aaw Intervention.
Ourtng years one and two unoer thl Qaw Warranty Prollram, ,t tne Builder falls or ralus" 10 oertorm its obligations in
accoroance with the ~imiled Warranty Agreem.nt or 11'115 Agreem.nt, oaw will perform the Builder'. obllgadons. hOwever,
[/1e Bulldilr agr... 10 reimbuTlle oaw and/or Insyrer tor all expensaslncurred in pertolTl'llng 'nair obligations. inclUding bul
not limited to, cost at matertala. cost at collection. Jabor. archltlers fees. englneenng tees and counsel lees. caw an%r
In$urer reserve aJl nghra at sUllrogatlon.
During years tIlree through tin under 11'1& oaw Warr.anry Program, caw will perlorm it! obligations wllh raspect to
major structural detects IS ~et tOrtrl and denned in tne Limited Warranry Agreement Without tile nght ot SYbrogallon against
thl Builder provided that the detect, or symptomS 01 the subsequent OCcyrleMCe at :h9 d.fte:. Nrst arose atter th. ,xplra-
tion 01 two years under the. caW Warranty Program In ,lite: jar th;;t home. and that Builder did not anempt to conceal or
cosmelleally repair me detect or symptome at the subleqYlnt occurrence at 3 defect and Ihat thl d,tecl 00e6 not ansl from
8uiloer's tallyre to construct th. home to aoplicable caw standards or adhere to Builder's responsibilih.s unoer tile BuiJder
Agreement.
If thl 8Yllder repair. a major strYClyraJ detect during years onlt or two. oaw must be ~otlfled. Once notified. CSW WIll
pertorm a compliance inapectlon.
3. Buildar is authorized to advertise its membership In the OSW Warranry Program and 10 use its ~ogo In Its bYelTless. pro.
vlded thet any relerence to caw or its Insurar, whether contractUal or advertiSing coPy, oe approved by oaw In wnUng In
advance of its use.
SI!Ci10N O. INFORMAL OISPUTE PAOCEDURE:
1. Syilder anOYld be aware thaI the Limit.d Warranty Agreement provid.s 'or an InlolTl'lal dlsDU18 settlement and artlilTalion
procldure to resOlve complaints by purch..era under the Umiled Warranty Agreement. Builder should become familiar ..itll
th. se\flamant precSdurseln order to be awart otllll rights and responsibilities. SYllder ag,ees to cooperate tuJly In 1t1. pro-
cedure Ind to be bound by and to comply with any deci'lon of an Independent third party. or Illlitrator,
. lithe BYildtr falls to perlorm Its obtigaUons hereundtr in a timely and workmanlike mllflner, Sych failu~ shall be cOn'
sldered to be a Tltusal to plr/orm govemed by paraQraph C.2 her.ot.
2. The Builder agrees to pay a/l tit. charged in connection ..ith Ihe intonnal dispute settlement and arbitration procedures.
SECTION E, TERMS GOVERNING OPERATION AND INTERPRETATION:
,. eullder agrees to parlorm ile ocligaliona under lhis Agreement In a timely mann.,. However, time provided tor performsnce
at obllgallons hereunder shall be ,xt.nd.d by .vents not Sycj.et to control by tile person obligated to perform, Such event!
,nclYde acts at God. or the public enemy, or riot. civil commotion, or govemmental conduc:.
2. O..scrlp:lve l1eedlngs.as to the contenls of parllcular proviSions ot tllis AQreemenr are mtended tor convlni.nca onlY lIT'd are
~ot to be considered In construing tlli. instrument.
3. ihis Agreement ahaJl.not constllYt& or be considered an agency. Imployer.employee relatlonahio. ioinr vemure or partner-
sl110 between the part.I., None at ttle parll.e, nor any of th.ir employees or a...nts. shall have till aulr:crlly to bind or oelig'
ale tha other party except as provided by this Agreement.
4. Should any provieions at this Agreem.nt be determined by a court of competent iurisciC:lon to be unenforceacle, that deler.
mlnatlon will 1'101 allect the validity ot tne ,,,malnlng proviSIOns.
A
_, UL - _.:..:; - ';;"_"1:..1._ ;.. ,_, 0 '_'';''
..:!Ur"L. " .L:',- ....._=-,-,,=, ',""-l1"'-"'''J'1 ,
. . 0_'0 '__
5. This Agreemem shall be inter !d and enlorced In accordance wilh the law. the Commonwealth ot Penns-yNania. All
suils instituted unoer this Agra...."enl shall be brought in Pennsylvania ;n a court of competent. utisdiclion. Builder hereby
consents to the persOllai juri:'ldidion of the Pennsylvania courts.
6. Builder shall net assign lt1IS Agreement without the prior wr:tten consMt ot Oew,
7. This Agreement shall Inule to the benefit ~t and be binding upon the heirs, execUlOIS. administrators. assignee. and suc.
cessors of tM representative plll1ies.
8. This instrument. and security documents and documents referred to or incorporated herein by re1erltnce. contain the enlire
agreement between the partiBS, and no statement, promises, or inducements made by either pany or agent of either party
that is not contained in tt1is written contract sha.ll be valid or binding; and this contract may not be enlarged. ,,",odilied. or
altered except in wriling signed by the parties and endorsed henlOn.
9. Failure of el1her parry to insist upon compilance witr. any provision at this Agreement shall not constitute a waiver of thal
provision _
10, All notices required hereur.der must be In writing and sent by cer'jflec! mail. postage prepaid. return receipt requested. to
the recioient at the respective acdress shown belOW. or to whatever address the party may designate In writin..
11. The etfuctive d,ns of this Agreement shail be the dale 01 execution by Oaw.
6y
QUAUTY 8UILDEnS WARRANTY CORPORATION
~;;P,~U
Data of execution by CSW:
July 24, 2000
'7OSm
Builder'!; RegistratIon No.;
t9'P"'oQl'I~.J..AL lULL, LLC
BUILDER:
DATE
7-18-00
(H.,.. at Builder.. pMiM prittt Oftypt)
By
see below
l$lgrurturo 1)1 AuthorlUd RIIpntU~ - Title'
"-"". prtnt MIMI'd.. at ~l
:2 "'-i~ A~. i'emJ:lnag1:an, l!U 08534
(AGctr'eq)
WEMNIFICA nON
THE U1'Il>E~IG~~D. imending to be legaHy bound, jointly and several!y do hereby agree to indemniiY ami save
hannless Quality Builders Warnurty Corporation again!t any and aU aaions, claims. demands. llabiiitv or loss,
wharsoe~er" that may ~t fro';l PRESIDENTIAL ~L LLC'S membenhip in Quaiity B'uiiders \VarI'amy
Corpo.~l1on s lO-year Limited \\i~ program Including. but not limited to actions, claims, demands, iiability or
loss ch may result from the execunon and deltvay of the within Buiider Agreement or PRESlDE.'ITIAL HILL.
LL.' non-perfonnance of its duties or~bli 'ons thereunder, w1Ucb includes any liability for anv Builder
pa,st, pl'e$:llt and future. ~ -
i ~ If tJz? t<J/A .
CK SON ,""TE SPOUSE DATE
I~ ~7J, U~;JJ&7 ~ 190& 7
HOME ADDRESS T
C""yrigllt ,_
QuaUty 8ulld8tS W'rI";Inty CorporvUcn
0lilW' FCR'-A iJSl1~
TOT;":C =.03
_...----_......_~-'--"-_..
EXHIBIT B
QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
PRESIDENTIAL HILLS, LLC,
MATHEW R. WILSON AKA RICK WILSON,
INDIVIDUALLY
DOCKET NO.
CIVIL ACTION
Defendants
AFFIDAVIT OF JOSEPH M. OLSHEFSKI
My name is Joseph M. Olshefski, an adult individual who is President of Plaintiff Quality Builders
Warranty Corporation and who is providing this Affidavit in accordance with Section B, Paragraph 5 of
Presidential Hills, LLC and Mathew R. Wilson AKA Rick Wilson's Builder Agreement pertaining to
substantiation of amounts due by Affidavit in connection with Confession of Judgment. The Builder
Agreement is attached to this Complaint and marked as Exhibit A. Presidential Hills, LLC and Mathew
R. Wilson AKA Rick Wilson have breached their Builder Agreement with Quality Builders Warranty by
failing to properly address homeowner complaints as required under the Builder Agreement. An
Arbitration Award was rendered on August 2,2002 between the Defendants and the Property Owner at
15 Cheyenne Drive, Pennington, New Jersey 08534. The Arbitration Award clearly set forth the
Defendant's repair responsibility at the aforementioned property. The Builder submitted a Method of
Repair that the Homeowner disputed and a Method of Repair Arbitration Award was rendered on
December 23, 2002. Adequate repairs were not conducted and on May 14, 2003 a Compliance
Arbitration Award was issued. Quality Builders has attempted on numerous occasions through
telephone calls and letters to the Defendant to obtain adequate assurance from Presidential Hills, LLC
and Mathew R. Wilson AKA Rick Wilson that they will perform their obligations under the Builder
Agreement and the Arbitration Awards. Despite these repeated requests Defendants Presidential Hills,
LLC and Mathew R. Wilson AKA Rick Wilson have not provided adequate assurance that they will
assume their responsibilities. Pursuant to Section B 6 ( e) of the attached Builder Agreement (See Exhibit
A) Quality Builders Warranty Corporation is empowered to seek damages from the Defendants for
failing to perform their obligations and failing to provide adequate assurances that they will do so. As
such, Quality Builders Warranty is authorized to confess judgment against Defendants in the amount of
$25,000, which is the estimated cost to secure performance and with estimated Attorney's Fees in the
amount of $3,500.
I declare that the foregoing facts are within my personal knowledge and are true and correct to the best
of my knowledge, information and belief. False statements herein are made subject to the penalties of
18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities.
Date: May 23, 2003
.
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
PRESIDENTIAL HILLS, LLC.,
MATTHEW R. WILSON aIkIa
RICK WILSON, Individually,
Defendants
NO. 03-2442 CIVIL TERM
IN RE: DEFENDANTS' PETITION TO STRIKE
AND/OR OPEN CONFESSED JUDGMENT
ORDER OF COURT
AND NOW, this 17th day of June, 2004, upon consideration of Defendants'
Petition To Strike and/or Open Confessed Judgment, and following oral argument held in
the chambers of the undersigned judge, it is ordered and directed as follows:
1. Plaintiffs judgment is stricken as it pertains to Defendant
Matthew R. Wilson alk/a Rick Wilson; and
2. In all other respects, Defendants' petition is denied.
BY THE COURT,
J~fl:!rnt o/{
J~ A. Gill, Esq.
/3.5 N. Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
J!JN 1 D
'. o~
Exhibit 3
fRUE COpy FROM AECOm>
In T tltlmarlY wtlGreot. i hftfe lIt1to set my 11800
me t.iJe ~ IX sald~' C"..lrUsle. Pa.
,his /1- day ~,
., (r-r-' 'ht,i"d,~Pfl<{
PrcthonOllrv
.
Craig A. Diehl, Esq.
3464 Trindle Road
Camp HilI, PA 17011-4436
Attorney for Defendants
J(j~ f
~ JiC_
.
VERIFICATION
I, JOSEPH M. OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby
certifY and state that the foregoing Complaint is true and correct to the best of my knowledge,
information and belief; and that I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
Date:
~ - ;);;2-0'1
By:
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-02916 P
COMMONWEALTH OF PENNSYL~~IA:
COUNTY OF CUMBERLAND
QUALITY BUILDERS WARRANTY CORP
VS
WILSON MERRICK AKA RICK WILSON
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
WILSON MERRICK AKA RICK WILSON
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of BUCKS
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On July
30th , 2004 , this office was in receipt of the
attached return from BUCKS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Bucks County
18.00
9.00
10.00
48.00
.00
85.00
07/30/2004
QUALITY BUILDERS
//,,;:::::;:/
So ~- ,~~,/--:<-;:~~,_/-
~-::"~/-
R. Thomas 'Kline
Sheriff of Cumberland County
WARRANTY CORP
Sworn and subscribed to before me
this
it!:E:: day of a. YNr'
;lro'f A.D.
q~ Q 7hdjJ,,- ~
, Prothonotary'
In The Court of Common Pleas of Cumberland County, Pennsylvania
Quality Builders Warranty Corporation
VS.
Merrick Wilson a/k/a Rick Wilson
No.
04-2916 civil
Now,
June 24, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Bucks
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
?'" .J"'"
~(?.R '(0':'
~r "'~~,~f!:t'~: '7~~f.:'~~4'
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this_day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
~nll"Ul.
S"T~: r:11?J)IZ~,:j4
TiM,; l 7; J)
SHERIFFS OFFICo: - fOliA'!" J.JJ'J'V':L'.Y,
~JY;NrSTRATICN 3UIlDING
DC1LfSTOW~, PQ Id;Ol
'" ", - -, ~ ". ,'-
..",.... '-
9UCKS MIse DOCKET # 2004 31375
LOCATION: CUT CF COUNTY
CLASS: ASSUMPSIT
***** SHERIFF-S RETUR~ Of SERYICE ~****
SHERIFF'S OFFICE
CUMBERLAND CCUNTY
1 COURTHOUSE SQUARE
CARLISLE PA
ATTN:JOHN A GILl,ESQ
17tl13
PLAINTIfF
QUALITY BUILoeR
( D2FENOAf\lT
IdLSON
1332 MOON DR
YARCLEY,PA
19067
'--.....
S WARRANTY CORP
VS.
M::~RIC!e A!eA RIC
06242004 - CIVIL A TION RECEIVED FROM CUMBERLAND co SHERIFPS (2PT
06282004 RECEIV IN SHERIFF S OFFICE FOR SERVICE. TRANSACTION .j4-1-D7t~7
AMOUNt PAID $48.00
07232004 SHERI f' RETURN, UNDER OATH, NOT FOUND BY DEPUTY FR2NCH AT 101F~
OEfT MERRIC~ WILSON AKA RICK WIl&SN NOT SERVED. DEP MACE 6 ATTE~PTS
TO SERVE. DEFT NOT HDME.OEP SUGGESTS AlT~RNATE MEANS OF SERVICE.
07262004 INVOICE MAILED TO CUMBERLAND CO SHE~IFFS D~PT ATTN:JOHN A GILL.ESQ
TRANSACTION 104-1-01691
END OF CASE
)
;.: AS
t:A"
RAe,
PAS
RAG
J/f( K'f) -"". r
Q~1i(.r (,~',,--.
BUCKS COUN1YlofL
SHERIFF'S RETURN
Filed~J5OCfn wM BEI2LAfiJJ)
Bucks Case # 04.'11 ::;, '(5 Rec'd~$-Jt
Special Instructions
ActiorC.TVTT AC'!'TON - C(1MPT A TN'!'
Plaintiff QUALITY BUILDERS \~ARR^NTY
vs CORP
Defendant MERRICK WILSON .ake. RICK
WILSON
13J2 MOON DRIVE
YARDLEY, FA 19067
Address Served if Different
SalVed under Pa.R.C.P. #402
~AI (il Defendant personally served
~A} (2) (i} Family Member
~A) (2) (I) Adult in Charge of Residence
~A) (2) (ii) Manager/Clerk at Defts. Lodging
~A) (21Iiii) Person in Charge of Business
By Handing to
ys Ran Out
_ Defendant Moved
_Del. Unknown
_ Checked Post Office
_ Forwarding Address
-?5: Defendant Not Home
_ Address Vacant
_ Dep. Needs Better Add.
_ No Forwarding
~oro
By Deputy
(... JI('l'6It>j'J1'J
LW'iJl, ~'<m
1'.~llU4- ~~
--
~
Prothonotary
Affirmed and subscribed before me on this day
....../....../-
Notary Public
My Com. Exp. ,1/
0-2C(rOr
!tV0
IOO(
7- 2-0-Of
/{Jrb
11l(7
0431.375
Bucks County Case #
In~e.t99~d/t9ol, J~
l.- L"M ~CK {.f~ County Sheriff's Office
Altn, of
or
:5c>f!tJ f} GtL/ Up_
OFFICIAl RECEIPT
PECEIPT * 2004 1 07697
TRANSACTION # 8M 2004 31375
FOR CUt'fBERLAND CO S
06/28/2004 11: 50
PC #0046327 48,00
TOTAL PAID 48.00
TOTAL COST 48.00
CHANGE 0.00
THliiiK 'r'OU
AMM
thlfth'i' ~ 1~~W
~ J~?~\ ~
-lId1G1 ~ ~ ~Q1I1~ t,
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""), /.Jm'2 ftP<I fiN ~011'l 1'1'2
vh ~ ~ rl ?''Mfbl
t.n ~11 AA (N /1tIY.\rnl
QUALITY BUILDERS WARRANTY
CORPORATION
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO. 04-2916
MERRICK WILSON,
AKA RICK WILSON
Defendant
CIVIL ACTION - LAW
MOTION FOR SERVICE OF PROCESS PURSUANT TO
Pa. R.c.P. 430
AND NOW, comes the Plaintiff, Quality Builders Warranty Corporation, (QBW),
by and through its attorney John A. Gill, Esquire, and moves this Court for leave to serve
process on the above-named Defendant by first-class United States mail, and in support
thereof avers the following;
I. Plaintiff is Quality Builders Warranty Corporation, (QBW), a Pennsylvania
Corporation with its principal place of business Jo,~ated at 325 North Second
Street, Wormleysburg, Cumberland County Pennsylvania.
2. Defendant is Merrick Wilson, aka Rick Wilson, (Wilson), who is an adult
individual who resides at 1332 Moon Drive, Yardley, Bucks County,
Pennsylvania, 19067.
3. This action was instituted by filing a complaint against the Defendant on June
24,2004, with the Prothonotary of Cumberland County.
4. This Action arises as a result of a breach of a wriitten agreement between the
Plaintiff and Defendant.
5. The Sheriff of Cumberland County, Deputized the Sheriff of Buck's County
to effectual service of the complaint.
6. The Sheriff of Buck's County attempted service of the Complaint on the
Defendant at the above-captioned address on six, (6) occasions without
success. The said address was obtained from Defendant's financial statement,
which he provided to Plaintiff.
7. In a prior proceeding, in the Court of Common PIleas of Cumberland County
Docket # 03-2442, the Sheriff of Bucks County attempted service seven, (7)
times on Defendant without success.
8. Defendant identified his home telephone number as (215) 295-5398. A,
"reverse phone directory" search was conducted on the Internet on August 16,
2004. A copy of the results are attached as Exhibit A indicating that is the
phone number of Merrick Wilson who resides at 11332 Moon Drive, Yardley,
PA 19067.
9. Plaintiff also conducted a, "reverse address directory", search on the Internet
on August 16, 2004. A copy ofthe results are attached as Exhibit B,
indicating that the resident of 1332 Moon Drive, Yardley, PA 19067 is
Merrick Wilson.
2
10. Plaintiff has forwarded first-class mail to Defendant's address and Defendant
had received those letters.
I I. It is believed that Defendant is attempting to avoid service of process in
attempt to avoid his ultimate obligations to Plaintiff.
WHEREFORE, Plaintiff requests that this court allow service of the Complaint on
Defendant by regular first-class United States mail.
Respectfully Submitted,
~~~ a,::
Attorney For
Quality Builders Warranty Corporation
325 N. Second Street
Wormleysburg, PA 17043
(717) 737-2522
Attorney ID Number - 41532
3
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http://www.whitepages.com/l 0592/.. ./Reverse _ Address?housenumbeF 13 32&street=mGon+drive&city _ zip)'ardley&state _ id~P 8/16/04
Exhibit B
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QUALITY BUILDERS WARRANTY
CORPORATION
Plaintiff
vs.
MERRICK WILSON,
AKA RICK WILSON
Defendant
TO THE PROTHONOTARY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: DOCKET NO. 04-2916
: CIVIL ACTION - LAW
PRAECIPE
Reinstate the Complaint in the above matter.
Respectfully Submitted,
~~ ~---
John A. Gill, Esquire
Attorney For
Quality Builders Warranty Corporation
325 N. Second Street
Wonnleysburg, PA 17043
(717) 737-2522
Attorney ID Number - 41532
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QUALITY BUILDERS
WARRANTY
CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MERRICK WILSON,
AKA RICK WILSON,
Defendant
NO. 04-2916 CIVIL TERM
ORDER OF COURT
AND NOW, this 24th day of August, 2004, upon consideration of Plaintiffs
Motion for Service of Process Pursuant To Pa. R.C.P. 430, and the rnotion being
unaccornpanied by the affidavit required under Pennsylvania Rule of Civil Procedure
430(a), the rnotion is denied, without prejudice to Plaintiffs right to refile it in arnended
form.
BY THE COURT,
LnA. Gill, Esq.
325 N. Second Street
W ormleysburg, P A 17043
Attorney for Plaintiff
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QUALITY BUILDERS WARRANTY
CORPORATION
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: DOCKET NO. 04-2916
MERRICK WILSON,
AKA RICK WILSON
Defendant
CIVIL ACTION - LAW
MOTION FOR SERVICE OF PROCESS PURSUANT TO
Pa. R.C.P. 430
AND NOW, comes the Plaintiff, Quality Builders Warranty Corporation, (QBW),
by and through its attorney John A. Gill, Esquire, and moves this Court for leave to serve
process on the above-named Defendant by first-class United States mail, and in support
thereof avers the following;
I. Plaintiff is Quality Builders Warranty Corporation, (QBW), a Pennsylvania
Corporation with its principal place of business located at 325 North Second
Street, Wormleysburg, Cumberland County Pennsylvania.
2. Defendant is Merrick Wilson, aka Rick Wilson, (Wilson), who is an adult
individual who resides at 1332 Moon Drive, YareUey, Bucks County,
Pennsylvania, 19067.
3. This action was instituted by filing a complaint against the Defendant on June
24,2004, with the Prothonotary of Cumberland County.
4. This Action arises as a result of a breach of a written agreement between the
Plaintiff and Defendant.
5. The Sheriff of Cumberland County, Deputized the Sheriff of Buck's County
to effectual service of the complaint.
6. The Sheriff of Buck's County attempted service of the Cornplaint on the
Defendant at the above-captioned address on six, (6) occasions without
success. The said address was obtained from Defendant's financial statement,
which he provided to Plaintiff.
7. In a prior proceeding, in the Court of Common Pleas of Cumberland County
Docket # 03-2442, the Sheriff of Bucks County attempted service seven, (7)
times on Defendant without success.
8. Defendant identified his home telephone number as (215) 295-5398. A,
"reverse phone directory" search was conducted on the Internet on August 16,
2004. A copy of the results are attached as Exhibit A indicating that is the
phone number of Merrick Wilson who resides at 1332 Moon Drive, Yardley,
PA 19067.
9. Plaintiff also conducted a, "reverse address directory", search on the Internet
on August 16,2004. A copy of the results are attached as Exhibit B,
indicating that the resident of 1332 Moon Drive, Yardley, PA 19067 is
Merrick Wilson.
2
10. Plaintiff has forwarded first-class mail to Defendant's address and Defendant
had received those letters.
I I. It is believed that Defendant is attempting to avoid service of process in
attempt to avoid his ultimate obligations to Plaintiff.
12. The above facts are supported by Plaintiff's Affidavit, which is attached
hereto, incorporated herein and marked as Exhibit C.
WHEREFORE, Plaintiff requests that this court allow service of the Complaint on
Defendant by regular first-class United States mail.
Respectfully Submitted,
~
John A. Gill, Esquire
Attorney For
Quality Builders Warranty Corporation
325 N. Second Street
Wormleysburg, PA 17043
(717) 737-2522
Attorney ID Number - 41532
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1332 Moon Dr
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First: )M~;rick'
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Wilson Susan
1332 Moon Dr
Yardley, PA 19067
(215) 295-5398
Susan Wilson is. in Our Databas.e. CLICK HERE.
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http://www.whitepages.com/l 0592/.. ./Reverse _ Address?housenumber= 13 3 2&street~Jl]00n+drive&citL 2ip=yardley&state _ id= P 8/16/04
Exhibit B
~
QUALITY BUILDERS WARRANTY
CORPORATION
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: DOCKET NO. 04-2916
MERRICK WILSON,
AKA RICK WILSON
Defendant
: CIVIL ACTION - LAW
AFFIDAVIT IN SUPPORT OF MOTION FOR SERVICE OF PROCESS
PURSUENT TO Pa. R.C.P. 4:10
Plaintiff is Quality Builders Warranty Corporation, (QBW), a Pennsylvania
Corporation with its principal place of business located at 325 North Second Street,
Wormleysburg, Cumberland County Pennsylvania.
Defendant is Merrick Wilson, aka Rick Wilson, (Wilson), who is an adult
individual who resides at 1332 Moon Drive, Yardley, Bucks County, Pennsylvania,
19067.
This action was instituted by filing a complaint against the Defendant on June 24,
2004, with the Prothonotary of Cumberland County.
This Action arises as a result of a breach of a written agreement between the
Plaintiff and Defendant.
Exhibit C
The Sheriff of Cumberland County, Deputized the Sheriff of Buck's County to
effectual service of the complaint.
The Sheriff of Buck's County attempted service oftb.e Complaint on the
Defendant at the above-captioned address on six, (6) occasions without success. The said
address was obtained from Defendant's financial statement, which he provided to
Plaintiff.
In a prior proceeding, in the Court of Common Pleas of Cumberland County
Docket # 03-2442, the Sheriff of Bucks County attempted service seven, (7) times on
Defendant without success.
Defendant identified his home telephone number as (215) 295-5398. A, "reverse
phone directory" search was conducted on the Internet on August 16,2004. A copy of
the results are attached as Exhibit A indicating that is the phone number of Merrick
Wilson who resides at 1332 Moon Drive, Yardley, PA 19067.
Plaintiff also conducted a, "reverse address directory", search on the Internet on
August 16,2004. A copy of the results are attached as Exhibit B, indicating that the
resident of 1332 Moon Drive, Yardley, PA 19067 is Merrick Wilson.
Plaintiff has forwarded first -class mail to Defendant's address and Defendant had
received those letters.
It is believed that Defendant is attempting to avoid s,ervice of process in attempt to
avoid his ultimate obligations to Plaintiff.
The undersigned is the attorney representing the Plaintiff in the above Action and
is familiar with the Attempts of Service and provides this Affidavit in Support of the
Motion.
I declare that the foregoing facts are within my personal knowledge and are true
and correct to the best of my knowledge, information and Jx:lief. False statements herein
made are subject to the penalties of 18 P ACSA, Section 4904 relating to unsworn
falsification to authorities.
~~
Attorney for Plaintiff Quality Builders Warranty Corporation
325 N. Second Street
Wormleysburg, PA 17043
(717) 737-2522
Attorney ID Number - 41532
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
vs.
MERRICK WILSON, a/k!a
RICK WILSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
04-2916 CIVIL
ORDER OF COURT
2.'1 iL day of September, 2004, upon consideration of Plaintiff s
AND NOW, this
Motion for Service of Process by Regular Mail Pursuant to Pa. R.C.P. 430, it is ordered that
service of the complaint upon Defendant may be made by (1) certified mail, restricted delivery,
return receipt requested, and regular mail to Defendant at his last known address and (2)
publication once in a newspaper of general circulation in Bucks County, Pennsylvania
SERVICE by mail shall be complete upon mailing.
..-fohn A. Gill, Esquire
325 N. Second Street
Wormleysburg, PA 17043
Attorney for plaintiff
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BY THE COURT,
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QUALITY BUILDERS WARRANTY
CORPORATION
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: DOCKET NO. 04-2916
MERRICK WILSON,
AKA RICK WILSON
Defendant
: CIVIL ACTION .. LAW
PRAECIPE
TO THE PROTHONOTARY
Reinstate the Complaint in the above matter.
Respectfully Submitted,
~.,. C ~_
John A. Gill, Esquire
Attorney For
Quality Builders Warranty Corporation
325 N. Second Street
WormIeysburg,PA 17043
(717) 737-2522
Attorney ID Number - 41532
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: 04-2916 CIVIL
MERRICK WILSON a/k/a
Rick Wilson
Defendant
PLAINTIFF'S RETURN OF SERVICE OF ORIGINAL PROCESS
In accordance with the Order of the Court dated Septt~mber 27, 2004, a copy of
which is attached and marked as Exhibit A, the undersignt~d makes the following,
"Return of Service", in accordance with the Court's Order of Service.
On October 8, 2004, a Certified copy of Plaintiff's Complaint was mailed to Merrick
Wilson, aka Rick Wilson, via first class mail, postage prepaid, at 1332 Moon Drive,
Yardley, PA 19067.
On October 8, 2004, a Certified copy of Plaintiff's Complaint was mailed, via
Certified mail, return receipt requested, to Merrick Wilson, aka Rick Wilson, article #
70021000000500629774, at 1332 Moon Drive, Yardley, Pa 19067, a copy ofthe
Certified Mail Receipt is attached and marked as Exhibit B. As of the date of the Return
of Service, the receipt card has not been returned.
On October 14, 2004, Plaintiff published "Notice" in accordance with the Court's
Order of September 27,2004, in the Intelligencer, a newspaper of general circulation of
Buck's County, with a proof of publication attached and marked as Exhibit C.
Service of the Complaint was effectuated on October 8, 2004.
I make these statements pursuant to 18 Pa.C.S. 4904 relating to unsworn falsification
to authorities and understand that false statements may be subject me to criminal
penalties under that statute.
,~~
ShaJfer, Secre
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
04-2916 CIVIL
MERRICK WILSON, a!kJa
RICK WILSON,
Defendant
ORDER OF COURT
AND NOW, this 2.. ry tL day of September, 2004, upon consideration of Plaintiffs
Motion for Service of Process by Regular Mail Pursuant to Pa. R.C.P. 430, it is ordered that
service of the complaint upon Defendant may be made by (I) eertitied mail, restricted delivery,
return receipt requested, and regular mail to Defendant at his last known address and (2)
publication once in a newspaper of general circulation in Bucks County, Pennsylvania
SERVICE by mail shall be complete upon mailing.
BY THE COURT,
John A. Gill, Esquire
325 N. Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
_u1L~;J/ -
V. .Wesley 01 ,. .,1.
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Exhibit A
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u.s. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Coverage ProvIded)
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MORRISVILLE PA 19067
Postage $
0011
08
Postmark
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~/oa/200'}'
Total Postage & Fees $ ~S.1.
ru
t:J Si'l'Jl.-rick Wilson aka RiCk Wilson
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City, State. ZIP+4
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Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
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Exhibit B
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Timothy J Wl~aver
Being duly
affirmed according to law, deposes and says that he/she is the
Controller
(Manager or Designated Agent)
of the CALKINS NEWSPAPER INCORPORATED, Publisher
of The Intelligencer, a newspaper of general circulation,
published and having its place of business at Doylestown, Bucks
County, Pa. and Horsham, Montgomery County, Pa.; that said
newspaper was established in 1886; that securely attached hereto
is a printed notice which is exactly as printed and published in
said newspaper on
October 14, 2004
and is a true copy thereof; and that this affiant is not interested in
said subject matter of advertising; and that all of the allegations
in this statement as to the time, place and character of
publication are true.
Affirmed and subscribed to me before me
This 14th day of October
A.D. 2004
NOTARiAl SEAL
NOAMAJEAN lEIDY, NOTARY PUBLIC
DOYLESTOWN lWP" COUNTY OF BUCKS
~ COMMISSION EXPIRES APRIL 26, 2007
Exhibit C
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON alk/a
Rick Wilson
Defendant
: CIVIL ACTION - LAW
To: Merrick Wilson, aka Rick Wilson
Date of Notice: November 2, 2004
IMPORT ANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF TillS NOTICE, A JUDGMENT MAYBE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO Fn~D OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
717-249-3116
By~~~
~ A. GILL, ESQUIRE
Attornt:y ID # 41532
325 North Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
Quality Builders Warranty Corp.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Notice of Default has been duly
served upon the following parties of record by depositing the samt:: in the United States mail,
postage prepaid, in Camp Hill, Pennsylvania on this 3rd day of November, 2004, and to the
address listed below:
Merrick Wilson, aka Rick Wilson
1332 Moon Drive
Yardley, PA 19067
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 04-2916
MERRICK WILSON, AKA RICK
WILSON,
CIVIL ACTION - LA W
Defendant
NOTICE
TO: QUALITY BUILDERS WARRANTY CORPORATION
c/o JOHN A. GILL, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUDGMENT MAYBE ENTERED AGAINST YOU.
LA W OFFICES OF CRAIG A. DIEHL
By: ~~A.o It ttltl
~:hl, Esquire
Attorney ID No, 52801
3464 Trindl(~ Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Defendant
..
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 04-2916
MERRICK WILSON, AKA RICK
WILSON,
CIVIL ACTION - LA W
Defendant
DEFENDANT'S ANSWER WITH NEW MATTER
AND NOW COMES, Merrick Wilson, by and through his .::ounsel, Law Offices of Craig A.
Diehl, hereby filing his Answer with New Matter as follows:
1. Admitted.
2. Admitted.
3. Denied. Defendant, Merrick Wilson, executed an Indemnification clause that was placed at
the end of the Builder Agreement. By way of further answer, the written document speaks
for itself.
4. Denied. Defendant executed an Indemnification clause.
5. Denied. The averment contains a conclusion of law to which no responsive pleading is
required.
6. Denied. On May 14,2003, a Compliance Arbitration Award was issued indicating certain
items satisfactorily performed by Presidential Hill, L.L.C. and other items that Presidential
Hill, L.L.C. still had not corrected to bring the work into compliance with the warranty.
7. Admitted.
Page 1 of 3
..
8. Denied. Presidential Hill, L.L.C. attempted to repair the defects noted and was not granted
access to the home. Presidential Hill, L.L.C. further denies that it was given an ample
opportunity to address the noted deficiencies.
9. Denied. The written document speaks for itself.
10. Admitted.
11. Denied. The Petition to Strike/Open the Confession of Judgment was docketed on February
27, 2004 and the Order of Court dated June 17, 2004 provided that Plaintiff s judgment is
stricken as it pertained to Defendant and the judgment was allowed as to Presidential Hill,
L.L.C.
12. Admitted.
13. Denied. The itemized fees averred by Plaintiff should be disallowed due to the following:
A. The fees were part of the original judgment amount; or
B. The fees are egregiously unreasonable with no supporting substantiation for the work
performed.
14. Denied. The fees being requested by Plaintiff are either part of the original judgment amount
or are grossly unreasonable compared to the services performed.
WHEREFORE, Defendant requests that judgment be entered against him as indemnitor for
the original judgment amount of $28,500.00 as determined by Court Order dated June 17, 2004.
Page 2 of 3
NEW MATTER
15. The Complaint is barred by the doctrine of res judicata.
16. The Complaint is barred by the doctrine of estoppel.
17. Defendant should not be obligated for certain attorney fees when the prior confession of
judgment filed against Defendant, individually, was stricken.
18. Plaintiff previously provided Presidential Hill, L.L.c. with an estimate to repair the defects
from Allita General Contractor indicating an estimate of $11,550.00. Based on the
Complaint now seeking $42,385.00, Plaintiff has provided no justification to the amount it
seeks.
WHEREFORE, Defendant requests that judgment be entered against him as indemnitor for
the original judgment amount of $28,500.00 as determined by Court Order dated June 17, 2004.
Respectfully submitted,
LA W OFFICES OF CRAIG A. DIEHL
Date: November 1, 2004
By: CL~~.(}.lSJ.L
~)iehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Defendant
Page 3 of 3
NOV-02-04 03:45 PM
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PRESIDENTIAL
CRAIG A DIEH- ESQ
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'VB. NO. 04-29115
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>~ MB1WCK WILSON, AKA RICK
WILSON. CML ACTION. LAW
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 04-2916
MERRICK WILSON, AKA RICK
WILSON,
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 3,..J..- day of November, 2004, the undersigned hereby certifies that a
true and correct copy of the foregoing DEFENDANT'S ANS'WER WITH NEW MATTER was
served upon the opposing party by way of United States first class mail, postage prepaid, addressed
as follows:
John A. Gill, Esquire
Quality Builders Warranty Corporation
325 North 2nd Street
Wormleysburg, PA 17043
LAW OFFICES OF CRAIG A. DIEHL
B~
Helen E. Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763--7613
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON a/k/a
Rick Wilson
Defendant
: CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS
t -6''7 day of December, 2004, comes the Plaintiff, Quality
AND NOW THIS
Builders Warranty Corporation, by and through its Attorney, John A. Gill, Esquire, file the
within Motion to Compel Discovery and for Sanctions for failure of Defendant to appear at a
scheduled Deposition and avers in support hereof the follow:
1. Plaintiff is Quality Builders Warranty Corporation, (QBW) a Pennsylvania
Corporation with its principal place of business located at 325 North Second
Street, W onnleysburg, P A Cumberland County Pennsylvania.
2. Defendant is Merrick Wilson, aka Rick Wilson, (Wilson) who is an adult
individual who resides at 1332 Moon Drive, Yardley Bucks County
Pennsylvania, 19067.
3. On June 24, 2004, QBW instituted the within Action against Wilson. Service
of the Complaint was effectuated on October 8, 2004, in accordance with this
Court's Order of September 27,2004, authorizing service by alternative means.
4. On November 3,2004, Wilson filed an answer to the Complaint admitting the
amount of $28,500, due and owing.
5. Accordingly, QBW entered Judgement in accordance with Pa. R.C.P 1037 for
an amount admitted to be due in the sum of $28,500.
6. QBW forwarded Wilson's Attorney, Craig A. Diehl, a Notice of Deposition in
aid of Execution, the Deposition date being November 24, 2004. A copy of
Notice of Deposition is attached as Exhibit 1.
7. Wilson's Counsel indicated a conflict on that date, and on November 23,2004,
after speaking to opposing Counsel's office, who consulted with Wilson, a
mutually agreeable Deposition date of December 2, 2004, was agreed upon.
8. On November 24, 2004, QBW forwarded Wilson a revised Notice of
Deposition, Duces Tecum, scheduling the Deposition for the agreed upon date
of December 2, 2004, at 3:00 PM. A copy of the Notice of Deposition is
attached hereto and incorporated herein and marked as Exhibit 2.
9. On November 4, 2004, Attorney Diehl, forwarded his client a letter
transmitting the Deposition Notice as well as reminding Wilson what he
needed to bring to the Deposition in accordance with the Duces Tecum Notice.
A copy of Attorney Diehl's letter to his client is attached hereto, incorporated
herein and marked as Exhibit 3.
10. On November 30,2004, Attorney Diehl advised that Wilson contacted him and
indicated that he would not be appearing at the agreed upon scheduled
Deposition date based on a prior Deposition Notice requiring him to attend a
Deposition. Wilson apparently received this Deposition Notice on October 26,
2004, but nevertheless agreed upon the available date on December 2,2004.
11. Wilson failed to appear at the scheduled Deposition for December 2, 2004.
QBW's Counsel contacted Attorney Diehl on December 2,2004, in an attempt
to resolve the Discovery Dispute and requested alternate days for Deposition.
12. On December 6, 2004, QBW received a letter from Attorney Diehl indicating
the fIrst time his client is now available for a Deposition is January 3, 2005.
13. Wilson has delayed the Depositions and there is no reason for further delay.
14. Based on the fact that the Deposition was rescheduled for December 2, 2004
after consultation with CounselJ the failure of Wilson to disclose a prior
conflict, the failure to provide realistic alternate dates and the documentation
requested in the Notice of Deposition, Duces Tecum, QBW requests an Order
compelling the attendance of Wilson at a deposition on December 20, 2004, as
well as an Award of Sanction including attorney's fees in having the file the
within Motion.
15. QBW has incurred Counsel fees in the sum of $300 in seek to compel the
attendance of Wilson.
WHEREFORE, QBW seeks that Defendant, Merrick Wilson, aka Rick Wilson, be compelled
to attend a Deposition and bring with him the documents identified in the Notice of
Deposition. dated November 24, 2004, said Deposition being held at QBW's office on
December 20,2004, at 1:00 PM and further that Defendant Wilson be required to pay QBW
the sum of $300 as attorney's fees for having to compel his attendance.
IZ /C /~ '/
DATE
10 A. GILL, ESQUIRE
A orneyID #41532
325 North Second Street
Wonnleysburg,PA 17043
Attorney for Plaintiff
Quality Builders Warranty Corp.
QUALITY BUILDERS
W ARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
DOCKET # 04-2916
vs.
MERRlCK WILSON a/kJa
Rick Wilson
Defendant
: CIVIL ACTION - LAW
NOTICE OF ORAL DEPOSITION
DUCES TECUM
TO: Defendant, Merrick Wilsons, aka Rick Wilson
c/o Craig A. Diehl, his attorney
3464 Trindle Road
Camp Hill, PA 17011-4436
PLEASE TAKE NOTICE that the Plaintiff in the above-captioned matter, by and
though his attorney, John A. Gill, Esquire, will take the deposition of the Defendant, Merrick
Wilson, aka Rick Wilson, upon examination in accordance with Pa. R.C.P 3117 for the
purpose of discovering assets of the Defendant Merrick Wilson, aka Rick Wilson. The
deposition will be taken before a person authorized to render an oath at the office of John A.
Gill, Esquire, 325 North Second Street, Wormleysburg, PA 17043 on Wednesday, November
24, 2004, at 10:00 a.m. The above-named is requested to appear at the aforementioned time
and place and submit to examination under oath.
The Deponent is to bring with him, copies of all bank account documents, which he
currently maintains accounts of deposits, individual tax return for the last three years, titles to
any automobiles, or equipment owned by the Defendant and copies of any brokerage account
statements in which Defendant currently maintains accounts with a brokerage firm.
Respectfully submitted,
. GILL, ESQUIRE
for
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attoney I.D. # 41532
DATE: 1111r; /PI
EXHIBIT 1
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Notice of Deposition has been
duly served upon the following parties of record by depositing the same in the United States
mail, postage prepaid, in Camp Hill, Pennsylvania on this 17th day of November, 2004, and to
the address listed below:
Craig A. Deihl, Esquire
3464 Trindle Road
Camp Hill, Pa 17011-4436
)jm~ .
Rhonda Shaffer, Secretary
John A. Gill
Attorney at Law
November 24, 2004
Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011-4436
RE: Quality Builders Warranty Corporation vs. Merrick Wilson, aka Rick Wilson
Docket # 04-2916
Court of Common Pleas, Cumberland County
Dear Craig:
In follow up to my telephone conversation with your secretary on November 23, 2004,
please find enclosed a revised Deposition Notice. Please make sure Mr. Wilson brings
the documents requested.
S incerel y ,
~~'ESquITe
\'~~i Counsel
JAG:rss
Enclosure
EXHIBIT 2
325 North Second Street, Wormleysburg, Pennsylvania 17043. (717) 730-9789. FAX (717) 737-4288
QUALITY BUILDERS
W ARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON a/kIa
Rick Wilson
Defendant
: CIVIL ACTION - LA W
NOTICE OF ORAL DEPOSITION
DUCES TECUM
TO: Defendant, Merrick Wilsons, aka Rick Wilson
c/o Craig A. Diehl, his attorney
3464 Trindle Road
Camp Hill, PA 17011-4436
PLEASE TAKE NOTICE that the Plaintiff in the above-captioned matter, by and
though his attorney, John A. Gill, Esquire, will take the deposition of the Defendant, Merrick
Wilson, aka Rick Wilson, upon examination in accordance with Pa. R.c.p 3117 for the
purpose of discovering assets of the Defendant Merrick Wilson, aka Rick Wilson. The
deposition will be taken before a person authorized to render an oath at the office of John A.
Gill, Esquire, 325 North Second Street, Wormleysburg, PA 17043 on Wednesday, December
2, 2004, at 3:00 p.m. The above-named is requested to appear at the aforementioned time
and place and submit to examination under oath.
The Deponent is to bring with him, copies of all bank account documents, which he
currently maintains accounts of deposits, individual tax return for the last three years, titles to
any automobiles, or equipment owned by the Defendant and copies of any brokerage account
statements in which Defendant currently maintains accounts with a brokerage firm.
Respectfully submitted,
DATE: t I -7-- '-I-oi
-----J -\ ;'GlLL, ESQUIRE
~ey for
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, P A 17043
Attoney I.D. # 41532
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Notice of Deposition has been
duly served upon the following parties of record by depositing the same in the United States
mail, postage prepaid, in Camp Hill, Pennsylvania on this 24th day of November, 2004, and to
the address listed below:
Craig A. Deihl, Esquire
3464 Trindle Road
Camp Hill, Pa 17011-4436
. ~&1l If
o a Shaffer, secretar;,~
Law Offices of
Craig A. Diehl
3464 Trindle Road
Camp Hill, Pennsylvania 17011-4436
@@~w
Telephone (717) 763-7613
Fax (717) 763-8293
Craig A. Diehl, Esquire, CPA
Shelly J. Kunkel, Esquire
In Spring Grove, Pennsylvania
] 19 West Hanover Street
Spring Grove, PA 17362
Telephone: (717) 225-1929
November 24, 2004
Mr. Merrick Wilson
2 Madison Avenue
Pennington, NJ 08534
RE: Quality Builders Warranty Corp.
Dear Rick:
Please be advised that your deposition has been rescheduled to Thursday, December 2,2004,
at 3 :00 p.m. at Attorney Gill's office. Attached is the Notice describing what you will need to bring
to the deposition.
Sincerely,
(11/0 u~
Craig A. Diehl, Esquire, CPA
CAD:her
Enclosure
cc: ~ A. Gill, Esquire
EXHIBIT 3
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON alk/a
Rick Wilson
Defendant
: CIVIL ACTION - LAW
NOTICE OF ORAL DEPOSITION
DUCES TECUM
TO: Defendant, Merrick Wilsons, aka Rick Wilson
c/o Craig A. Diehl, his attorney
3464 Trindle Road
Camp Hill, PA 17011-4436
PLEASE TAKE NOTICE that the Plaintiff in the above-captioned matter, by and
though his attorney, John A. Gill, Esquire, will take the deposition of the Defendant, Merrick
Wilson, aka Rick Wilson, upon examination in accordance with Pa. R.C.P 3117 for the
purpose of discovering assets of the Defendant Merrick Wilson, aka Rick Wilson. The
deposition will be taken before a person authorized to render an oath at the office of John A.
t:\ Gill, Esquire, 325 North Second Street, Wormleysburg, PA 17043 on W"McsJay, Novc,1llb~[
V w~4, 20M, at 10.00 a.lll: The above-named is requested to appear at the aforementioned time
and place and submit to examination under oath.
The Deponent is to bring with him, copies of all bank account documents, which he
currently maintains accounts of deposits, individual tax return for the last three years, titles to
any automobiles, or equipment owned by the Defendant and copies of any brokerage account
statements in which Defendant currently maintains accounts with a brokerage firm.
CD
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Respectfully submitted,
DATE: /1 //~/PI
~L, ESQUI~
~'f~:L
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attoney LD. # 41532
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON aIkIa
Rick Wilson
Defendant
: CIVIL ACTION - LAW
PRACIPE
To: Prothonotary
You are hereby requested to enter Judgement in favor of the Plaintiff, Quality Builders
Warranty Corporation and against the Defendant, Merrick Wilson, aka Rick Wilson in
accordance with Pa. R.C.P 1037 (b) in the amount of $28,500, said amount being the relief
admitted to be due by Defendant.
//-/2 -t?f
DATE
By,-- --itr- ~L~, ESQ~IRE
~eYID #41532
325 North Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
Quality Builders Warranty Corp.
Judgement entered as above
(!,.
Prothonotary
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Pracipe for Entry of Judgment
has been duly served upon the following parties of record by depositing the same in the United
States mail, postage prepaid, in Camp Hill, Pennsylvania on this 12th day of November, 2004,
and to the address listed below:
Craig A. Deihl, Esquire
3464 Trindle Road
Camp Hill, Pa 17011-4436
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QUALITY BUILDERS
WARRANTY
CORPORATION,
Plaintiff
v.
MERRICK WILSON,
AKA RICK WILSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
NO. 04-2916 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of December, 2004, upon consideration of Plaintiffs
Motion To Compel Discovery and for Sanctions, a Rule is hereby issued upon Defendant
to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days from the date of this order.
John A. Gill, Esq.
~25 N. Second Street
W ormleysburg, P A 17043
Attorney for Plaintiff )
/Craig A. Deihl, Esq.
3464 Trindle Road
Camp Hill, PA 17011-4436
Attorney for Defendant
:rc
BY THE COURT,
J.
./04
, Jr., J.
,
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
DOCKET # 04-2916
vs.
MERRICK WILSON a/kJa
Rick Wilson
Defendant
: CIVIL ACTION - LAW
ORDER
day of December, 2004, upon the consideration of
AND NOW TillS
Plaintiff, Quality Builders Warranty Corporation's Motion to Compel Discovery and for
Sanctions, it is hereby ORDERED:
That Defendant, Merrick Wilson, aka Rick Wilson, (Wilson) is directed to appear and
be sworn for Deposition on December 20, 2004, at 1 :00 PM at the offices of Quality
Builders Warranty Corporation, 325 North Second Street, W ormleysburg, P A 17043.
Defendant Wilson shall bring with him the documents identified in the Notice of
Deposition dated November 24, 2004. Failure to appear and be sworn will be under
Penalty of Contempt;
FURTHER ORDERED
That Defendant Merrick Wilson, aka Rick Wilson is directed to pay Plaintiff, Quality
Builders Warranty Corporation the sum of $300 fi)r attorney's fees incurred in filing
the Motion to Compel and for Sanctions, said amOlmt payable within 10 business days
from the date of this order.
]
, . . ' A.
..
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON a/kIa
Rick Wilson
Defendant
: CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO COMPEL DISCOV}:RY AND FOR SANCTIONS
t -67
day of December, 2004, comes the Plaintiff, Quality
AND NOW TIllS
Builders Warranty Corporation, by and through its Attorney, John A. Gill, Esquire, file the
within Motion to Compel Discovery and for Sanctions for failure of Defendant to appear at a
scheduled Deposition and avers in support hereof the follow:
1. Plaintiff is Quality Builders Warranty Corporation, (QBW) a Pennsylvania
Corporation with its principal place of business located at 325 North Second
Street, Wormleysburg, PA Cumberland County Pennsylvania.
2. Defendant is Merrick Wilson, aka Rick Wilson, (Wilson) who is an adult
individual who resides at 1332 Moon Drive, Yardley Bucks County
Pennsylvania, 19067.
3. On June 24, 2004, QBW instituted the within Action against Wilson. Service
of the Complaint was effectuated on October 8, 2004, in accordance with this
Court's Order of September 27,2004, authorizing service by alternative means.
4. On November 3, 2004, Wilson filed an answer to the Complaint admitting the
amount of $28,500, due and owing.
5. Accordingly, QBW entered Judgement in accordance with Pa. R.C.P 1037 for
an amount admitted to be due in the sum of $28,500.
. ,
6. QBW forwarded Wilson's Attorney, Craig A. Diehl, a Notice of Deposition in
aid of Execution, the Deposition date being November 24, 2004. A copy of
Notice of Deposition is attached as Exhibit 1.
7. Wilson's Counsel indicated a conflict on that date, and on November 23,2004,
after speaking to opposing Counsel's office, who consulted with Wilson, a
mutually agreeable Deposition date of December 2,2004, was agreed upon.
8. On November 24, 2004, QBW forwarded Wilson a revised Notice of
Deposition, Duces Tecum, scheduling the Deposition for the agreed upon date
of December 2, 2004, at 3:00 PM. A copy of the Notice of Deposition is
attached hereto and incorporated herein and marked as Exhibit 2.
9. On November 4, 2004, Attorney Diehl, forwarded his client a letter
transmitting the Deposition Notice as well as reminding Wilson what he
needed to bring to the Deposition in accordance with the Duces Tecum Notice.
A copy of Attorney Diehl's letter to his client is attached hereto, incorporated
herein and marked as Exhibit 3.
10. On November 30, 2004, Attorney Diehl advised that Wilson contacted him and
indicated that he would not be appearing at the agreed upon scheduled
Deposition date based on a prior Deposition Notice requiring him to attend a
Deposition. Wilson apparently received this Deposition Notice on October 26,
2004, but nevertheless agreed upon the available date on December 2, 2004.
11. Wilson failed to appear at the scheduled Deposition for December 2, 2004.
QBW's Counsel contacted Attorney Diehl on December 2,2004, in an attempt
to resolve the Discovery Dispute and requested alternate days for Deposition.
12. On December 6, 2004, QBW received a letter from Attorney Diehl indicating
the first time his client is now available for a Deposition is January 3, 2005.
13. Wilson has delayed the Depositions and there is no reason for further delay.
14. Based on the fact that the Deposition was rescheduled for December 2, 2004
after consultation with Counsel, the failure of Wilson to disclose a prior
conflict, the failure to provide realistic altt:rnate dates and the documentation
requested in the Notice of Deposition, Duces Tecum, QBW requests an Order
compelling the attendance of Wilson at a deposition on December 20, 2004, as
well as an Award of Sanction including attorney's fees in having the file the
within Motion.
15. QBW has incurred Counsel fees in the sum of $300 in seek to compel the
attendance of Wilson.
WHEREFORE, QBW seeks that Defendant, Merrick Wilson, aka Rick Wilson, be compelled
to attend a Deposition and bring with him the documents identified in the Notice of
Deposition, dated November 24, 2004, said Deposition being held at QBW's office on
December 20, 2004, at 1 :00 PM and further that Defendant Wilson be required to pay QBW
the sum of $300 as attorney's fees for having to compel his attendance.
/Z/&/CJtl
DATE
JO A. GILL, ESQUIRE
A orney ID # 41532
325 North Second Street
Wormleysburg, P A 17043
Attorney for Plaintiff
Quality Builders Warranty Corp.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Motion to Compel
Discovery and for Sanctions has been duly served upon the following parties of record by
depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania on
this 7th day of December, 2004, and to the address listed below:
Craig A. Deihl, Esquire
3464 Trindle Road
Camp Hill, Pa 17011-4436
'-
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
DOCKET # 04-2916
vs.
MERRlCK WILSON alkJa
Rlck Wilson
Defendant
: CIVIL ACTION - LAW
NOTICE OF ORAL DEPOSITION
DUCES TECUM
TO: Defendant, Menick Wilsons, aka Rick Wilson
c/o Craig A Diehl, his attorney
3464 Trindle Road
Camp Hm, PA 17011-4436
PLEASE TAKE NOTICE that the Plaintiff in the above-captioned matter, by and
though his attorney, John A. Gill, Esquire, will take the deposition of the Defendant, Merrick
Wilson, aka Rick Wilson, upon examination in accordance with Pa. R.C.P 3117 for the
purpose of discovering assets of the Defendant Menick Wilson, aka Rick Wilson. The
deposition will be taken before a person authorized to render an oath at the office of John A
Gill, Esquire, 325 North Second Street, WonnJeysburg, PA 17043 on Wednesday, November
24, 2004, at 10:00 a.ill. The above-named is requested to appear at the aforementioned time
and place and submit to examination under oath.
The Deponent is to bring with him, copies of all bank account documents, which he
currently maintains accounts of deposits, individual tax return for the last three years, titles to
any automobiles, or equipment owned by the Defendant and copies of any brokerage account
statements in which Defendant currently maintains accounts with a brokerage firm.
Respectfully submitted,
DATE: J/ /1r;/p,1
JO~. GILL, ESQUIRE
for
Quality Builders Warranty Corporation
325 North Second Street
W ormleysburg, P A 17043
Attoney LD. # 41532
EXHIBIT 1
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Notice of Deposition has been
duly served upon the following parties of record by depositing the same in the United States
mail, postage prepaid, in Camp Hill, Pennsylvania on this 17th day of November, 2004, and to
the address listed below:
Craig A. Deihl, Esquire
3464 Trindle Road
Camp HilI, Pa 170] 1-4436
John A. Gill
Attorney at Law
November 24, 2004
Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011-4436
RE: Quality Builders Warranty Corporation vs. Merrick Wilson, aka Rick Wilson
Docket # 04-2916
Court of Common Pleas, Cumberland County
Dear Craig:
In follow up to my telephone conversation with your secretary on November 23, 2004,
please fInd enclosed a revised Deposition Notice. Please make sure Mr. Wilson brings
the documents requested.
Sincerely,
;~, JOhn~l,ESqUire
'.....
G- neral Counsel
JAG:rss
Enclosure
EXHIBIT 2
325 North Second Street, Wormleysburg, Pennsylvania 17043 · (717) 730-9789. FAX (717) 737-4288
. ' , ,"
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
DOCKET # 04-2916
vs.
MERRlCK WILSON a/kIa
Rick Wilson
Defendant
: CIVIL ACTION - LAW
NOTICE OF ORAL DEPOSITION
DUCES TECUM
TO: Defendant, Merrick Wilsons, aka Rick Wilson
c/o Craig A. DieW, his attorney
3464 Trindle Road
CarnpHill,PA 17011-4436
PLEASE TAKE NOTICE that the Plaintiff in the above-captioned matter, by and
though his attorney, John A. Gill, Esquire, will take the deposition of the Defendant, Merrick
Wilson, aka Rick Wilson, upon examination in accordance with Pa. RC.P 31] 7 for the
purpose of discovering assets of the Defendant Merrick Wilson, aka Rick Wilson. The
deposition will be taken before a person authorized to render an oath at the office of John A.
Gill, Esquire, 325 North Second Street, Wormleysburg, PA 17043 on Wednesday, December
2, 2004, at 3:00 p.m. The above-named is requested to appear at the aforementioned time
and place and submit to examination under oath.
The Deponent is to bring with him, copies of all bank account documents, wruch he
currently maintains accounts of deposits, individual tax return for the last three years, titles to
any automobiles, or equipment owned by the Defendant and copies of any brokerage account
statements in which Defendant currently maintains accounts with a brokerage firm.
Respectfully submitted,
DATE: t I - J- <-{-tJ<-{
~-::?
]' A. GILL, ESQUIRE
ey for
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attoney J.D. # 41532
. ..
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Notice of Deposition has been
duly served upon the following parties of record by depositing the same in the United States
mail, postage prepaid, in Camp Hill, Pennsylvailla on this 24th day of November, 2004, and to
the address listed below:
Craig A. Deihl, Esquire
3464 Trind1e Road
Camp Hill, Pa 17011-4436
Law Offices of
Craig A. Diehl
3464 Trindle Road
Camp Hill, Pennsylvania 17011-4436
@@~w. '
Telephone (717) 763-7613
Fax (717) 763-8293
Craig A. Diehl, Esquire, CPA
Shelly J. Kunkel, Esquire
In Spring Grove, Pennsylvania
] 19 West Hanover Street
Spring Grove, PA 17362
Telephone: (717) 225-1929
November 24, 2004
Mr. Menick Wilson
2 Madison Avenue
Pennington, NJ 08534
RE: Quality Builders Warranty Corp.
Dear Rick:
Please be advised that your deposition has been rescheduled to Thursday, December 2, 2004,
at 3:00 p.m. at Attorney Gill's office. Attached is the Notice describing what you will need to bring
to the deposition.
Sincerely,
C~Q.lLU
v
Craig A. Diehl, Esquire, CPA
CAD :her
Enclosure
cc: ~ A. Gill, Esquire
EXflIBIT 3
. ..~ . ..
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF CO:MMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON alk/a
Rick Wilson
Defendant
: CIVIL ACTION - LAW
NOTICE OF ORAL DEPOSITION
DUCES TECUM
TO: Defendant, Merrick Wilsons, aka Rick Wilson
c/o Craig A. Diehl, his attorney
3464 Trindle Road
Camp Hill, P A 17011-4436
PLEASE TAKE NOTICE that the Plaintiff in the above-captioned matter, by and
though his attorney, John A. Gill, Esquire, will take the deposition of the Defendant, Merrick
Wilson, aka Rick Wilson, upon examination in accordance with Pa. R.C.P 3117 for the
purpose of discovering assets of the Defendant Merrick Wilson, aka Rick Wilson. The
deposition will be taken before a person authorized to render an oath at the office of John A.
t;\ Gill, Esquire, 325 North Second Street, Wormleysburg, PA 17043 on Wednesday, Ne,vGulber
V .~4, 2004, fit 10.00 a.m. The above-named is requested to appear at the aforementioned time
and place and submit to examination under oath.
The Deponent is to bring with him, copies of all bank account documents, which he
currently maintains accounts of deposits, individual tax return for the last three years, titles to
any automobiles, or equipment owned by the Defendant and copies of any brokerage account
statements in which Defendant currently maintains accounts with a brokerage firm.
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Respectfully submitted,
DATE: /~//t;/P,I
~
~for
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attoney J.D. # 41532
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 04-2916
MERRICK WILSON, a/k/a RICK
WILSON,
CIVIL ACTION - LA W
Defendant
DEFENDANT'S ANSWER TO PLAINTIF'F'S MOTION
TO COMPEL DISCOVERY AND FOR SANCTIONS
AND NOW COMES, Defendant, Merrick Wilson, by and through his counsel, Law Offices
of Craig A. Diehl, hereby answering Plaintiff's Motion to Compl~l Discovery and for Sanctions as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. However, it is interesting to note that Plaintiff did not have a judgment at the time
the Notice was mailed or when the deposition date was scheduled. The judgment was
entered by the Prothonotary on December 7, 2004.
7. Admitted.
8. Admitted.
Page 1 of 3
.
9. Admitted.
10. Admitted in part, denied in remainder. It is admitted that Defendant contacted the
undersigned counsel and informed him of a conflict being another deposition to be held in
New Jersey the same day. Although the notice of deposition was dated October 26, 2004,
Defendant was unaware of the date until after scheduling the December 2,2004 date.
11. Admitted.
12. Admitted. Defendant was out of the country from Declember 4,2004 until December 18,
2004. The undersigned counsel was scheduled for va.cation days during the Christmas
holiday.
13. Denied. Due to scheduling conflicts over the holidays with Defendant and Defendant's
counsel, the undersigned counsel and Defendant amicably agreed to a deposition date of
January 3, 2005. However, subsequent to providing this date, Plaintiffs counsel filed the
instant Motion.
14. Denied. Considering the holiday schedules of the peopl'e involved, the prompt response to
Plaintiff s counsel's request for an alternative deposition date, and that a deposition in aid
of execution was scheduled prior to the judgment being d.ocketed, sufficient grounds are not
present for the award of sanctions.
15. Denied. Plaintiff s counsel took it upon himself to seek scmctions when Defendant's counsel
promptly supplied him with an alternative deposition date within a reasonable time of the
docketed judgment.
Page 2 of 3
Respectfully submitted,
LAW OFFlCES OF CRAIG A. DIEHL
Date: January 7, 2005
By: (;~:'A (J.lf:,1l
~.ehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Defendant
Page 3 of 3
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 04-2916
MERRICK WILSON, AKA RICK
WILSON,
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
'fitc
AND NOW, this fa day of January, 2005, the undersigned hereby certifies that a true
and correct copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO
COMPEL DISCOVERY AND FOR SANCTIONS was served upon the opposing party by way of
United States first class mail, postage prepaid, addressed as follows:
John A. Gill, Esquire
Quality Builders Warranty Corporation
325 North 2nd Street
Wormleysburg, PA 17043
LAW OFFICES OF CRAIG A. DIEHL
By: J-4:P
...-- Helen E. Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
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DATE
BY:~
JO A. GILL, ESQUIRE
Attorney for Plaintiff
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attorney J.D. # 41532
QUAUTY BUILDERS
WARRANTY CORPORA nON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: DOCKET # 04-2916
vs.
MERRICK WILSON aIkIa
Rick Wilson
Defendant
: CIVIL ACTION - LAW
PRAECIPE
To: Prothonotary
Please mark the judgement in above captioned Action as "Satisfied".
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QUALITY BUILDERS
WARRANTY
CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MERRICK WILSON,
AKA RICK WILSON,
Defendant
NO. 04-2916 CIVIL TERM
QUALITY BUILDERS
IN RE: PLAINTIFF'S MOTION TO COMPEL
DISCOVERY AND FOR SANCTIONS
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 25th day of April, 2005, upon consideration of Plaintiffs otion
To Compel Discovery and for Sanctions, the Response To Deny Motion To C mpel
Discovery and Deny Motion for Sanctions filed by Merrick Wilson, and PIa' tiffs
Petition To Make Rule Absolute, it is ordered and directed as follows:
1. Defendant Merrick Wilson is directed to appear at the office of
Plaintiffs counsel for a deposition at a time noticed by Plaintiffto Mr.
Wilson, said deposition to be held not sooner than 21 days after the
date ofthis order nor later than 35 days after the date of this order;
2. No other relief is granted at this time.
BY THE COURT,
/fohn A. Gill, Esq.
325 North Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
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Merrick Wilson
> aIkIa Rick Wilson
1332 Moon Drive
Yardley, PA 19067
Defendant, pro se
0residentia1 Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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