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HomeMy WebLinkAbout10-4100/0/ 7 74 '% 1, STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND FIDELITY CONSTRUCTION, LLC, AND FIDELITY WOODSTONE, LLC Plaintiffs, V. EXCEL HOMES, LLC DB/A EXCEL HOMES AND EXCEL HOMES, INC. AND PFS CORPORATION Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION File: A10 i t re-t t AFFIDAVIT IN SUPPORT OF FOREIGN JUDGMENTo N a %-j tf! 0 n `71 Edward Trevillian, being first duly sworn, deposes and states as follows: 1. The Order and Judgment against Defendant Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. ("Excel") in the case entitled "Fidelity Construction, LLC and Fidelity Woodstone, LLC v. Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. and PFS Corporation," Case No. 08 CVS 16582, in the Court of Superior Court of Mecklenburg County, North Carolina, entered on April 28, 2010, is a final judgment with respect to the matters stated therein (the "Final Judgment"), and a certified true and accurate copy is attached hereto as Exhibit A. 2. The Final Judgment is valid, enforceable, and unsatisfied in whole, and is due and owing to the Plaintiffs from the Defendant Excel. 3. The Judgment Debtor Excel is located at 300 Corporate Center Drive, Suite 602, Camp Hill, PA 17011. 4419. oo pa A-n y cit 171049 P-#ay3a3y (00225693.DOC V. F104.016373;) OoEim A.atW s 4. The Judgment Creditors, Fidelity Construction, LLC and Fidelity Woodstone, LLC are located at 1056 Greylyn Drive, Matthews, North Carolina 28104- 6067 This lD day of May, 2010. Fidelity Construction, By: Fidelity Woodstone, LL By: Edward Trevilhily Member/Manager SWORN TO AND SUBSCRIBED before me this ti?"ay of May, 2010. rLkIc (- Public n Expires: .?? NG O?O(p.RY ?-Z- v _ ??c?`•?p o z e i ??? a 2 r PUB?'\ Jam. EIVBU {00225693.DOC V. F104.016373;} EXHIBIT A STATE OF NORTH CAROLINA In The General Court Of Justice EXEMPLIFICATION Mecklenburg County U.S. Code Title 28-1738 As Clerk of the Superior Court of this County, State of North Carolina, I certify that the attached copies of the documents described below are true and accurate copies of the originals now on file in this office. Fidelity Construction, 11c, and Fidelity Woodstone,llc V. Excel Homes, llc d/b/a Excel Homes, Inc. And Pfs Corporation 08-Cvs-16582 Order And Judgment OS-06-1010 a- ?O"-ZL 4 Deputy CSC ? Assistant CSC ? Clerk of superior court As a Judge of the General Court of Justice, State of North Carolina, I certify that the signature appearing above is that of the Clerk, Assistant Clerk, or Deputy Clerk of Superior Court for this County, who is duly sworn. I further certify that the seal affixed to the certificate appearing above is the seal of this Court and that it has been used here in good form by the proper officer. $-06-1,010 Name Of Judge (Type O.?Mnt) RICHARD BONER As Clerk of the Superior Court of this County, State of North Carolina, I certify that the signature appearing above is that of a duly sworn Judge of the General Court of Justice, State of North Carolina. 5-06-'X010 TIMOTHY B. WOOD R1 Assistant CSC ? Clerk Of Superior Court A% G-10Z, Rev. 4/97 019 7 Admmistratlve Office of the Courts STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF MECKLENBURG 08-CVS-16582 FIDELITY CONSTRUCTION, LLC, AND FIDELITY WOODSTONE, LLC Plaintiffs, ORDER AND JUDGMENT V. EXCEL HOMES, LLC D/B/A EXCEL FTT VT) #64 HOMES AND EXCEL HOMES, INC. AND PFS CORPORATION APR 28 2010 Defendants. AT O CLOCK,m eY This matter came on for hearing before the undersigned Judge presiding at the April 28, 2010 session of Mecklenburg County Superior Court pursuant to Fidelity Construction, LLC ("FCLLC") and Fidelity Woodstone, LLC's ("FWLLC") Motion to Confirm Arbitration Award. Having reviewed the court file, considered arguments of counsel, the Arbitration Agreement, the Arbitration Award (Modified), and other matters of record, the Court finds as follows: 1. This litigation was commenced on July 22, 2008 with the filing of a Complaint by Plaintiffs FCLLC and FWLLC against Defendants Excel Homes Acquisition Corp. d/b/a Excel Homes and Excel Homes, Inc. and PFS Corporation. 2. On or about September 25, 2008, Excel Homes, LLC filed a Motion to Substitute Excel Homes, LLC as real party Defendant for Excel Homes Acquisition Corp. d/b/a Excel Homes and Excel Homes, Inc. and to dismiss Excel Homes Acquisition Corp. d/b/a Excel Homes and Excel Homes, Inc. 3. On or about April 7, 2009, an Order granting Excel Homes, LLC's Motion to Substitute was entered ordering the new caption be FCLLC and FWLLC v. Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. and PFS Corporation. 4. On or about June 30, 2009, the parties entered and agreed to a Consent Order of Stay in this action pending binding arbitration pursuant to an Arbitration Agreement executed by the parties on or about June 29, 2009. The Consent Order ordered that the parties' claims and disputes which were subject to the Arbitration Agreement be decided by binding arbitration per the parties' Arbitration Agreement, and staying the litigation pending completion of the arbitration. 5. On or about January 14, 2010, by agreement between all parties, the arbitration of the claims between Plaintiffs FCLLC and FWLLC and Defendants Excel and PFS concluded at 7:00 p.m. and the arbitrator issued his award on March 1, 2010. Pursuant to a motion by FCLLC and FWLLC, the arbitrator issued the Arbitration Award (Modified) dated April 5, 2010 in favor of FCLLC and FWLLC. A copy of the Arbitration Award (Modified) is attached hereto as Exhibit A. 6. The Arbitration Award (Modified) should be entered as a Judgment in favor of FCLLC and FWLLC and against PFS and Excel as follows. NOW THEREFORE, IT IS ORDER, ADJUDGED, AND DECREED: 1. Fidelity Construction, LLC and Fidelity Woodstone, LLC's Motion to Confirm Arbitration Award is hereby granted and the Arbitration Award (Modified) entered on April 5, 2010 is confirmed as a Judgment of this state; 2. Judgment is hereby entered in favor of Fidelity Construction, LLC against Excel Homes, LLC, in the sum of $77,567.00 plus interest from April 1, 2010 at the legal rate of eight percent (80/6) per annum until paid; 3. Judgment is hereby entered in favor of Fidelity Construction, LLC against Excel Homes, LLC and PFS Corporation, jointly and severally, in the sum of $61,776.00 plus interest at the legal rate of eight percent (8%) per annum until paid; 4. Judgment is hereby entered in favor of Fidelity Woodstone, LLC against Excel Homes, LLC, in the sum of $375,399.00 plus interest at the legal rate of eight percent (8%) per annum until paid; 5. Excel Homes, LLC's Counterclaims, including its claim for lien on real property, are dismissed with prejudice and Excel shall be awarded nothing; and 6. Excel Homes, LLC's Claim of Lien against Fidelity Woodstone, bearing file stamp 08-M-2335, was cancelled on March 19, 2008 by a cash bond as evidenced by the Clerk stamped Claim of Lien attached as Exhibit B. The Clerk of Superior Court shall immediately distribute all proceeds deposited with the Clerk, plus interest accrued, to Fidelity Woodstone, LLC and Fidelity Construction, LLC's attorney of record Hamilton Moon Stephens Steele & Martin, PLLC. Superior urt Judg esiding In the Matter of the Arbitration Between FIDELITY CONSTRUCTION, LLC ("FCLLC"), AND FIDELITY WOODSTONE, LLC ("FWLLC I , -vs- EXCEL HOMES, LLC ("EXCEL"), and PFS CORPORATION ("PFS") ARBITRATION AWARD (MODIFIED) Procedural Background The undersigned Arbitrator was designated in accordance with the Arbitration Agreement entered into by the above-named parties on or about June 29, 2009, and in accordance with the Amendment To Arbitration Agreement entered into by the above- named parties dated effective September 18, 2009. During a preliminary phone conference held on October 29, 2009 all the parties and the arbitrator agreed that the following issues are submitted to final and binding arbitration before the Arbitrator: a. Breach of contract claims and counterclaims by both FCLLC and Excel; b. Breach of express and implied warranty claims by FCLLC and Excel; c. Negligence claims by FWLLC against Excel and PFS; d. Excel lien enforcement claim; and e. All claims for attorneys' fees made by the parties. Status of Hearings, Form of Award and Request for Modification Preliminary hearings were held, and six (6) days of evidentiary hearings were ' held in Charlotte, N.C. The parties submitted documentary and testimonial 'evidence during the hearings for consideration by the-Arbitrator. Each of the parties was represented during the hearings by highly experienced and effective legal counsel. Each of the parties vigorously pursued and defended their respective claims, counterclaims and positions throughout. The Arbitrator considered and analyzed all of the documentation and testimonial evidence. By agreement between all the parties and the Arbitrator the evidentiary record in this matter was closed at 7:00 p.m. on January 14, 2010. The parties did not request that the Arbitrator provide a written explanation of the award. Each FCLLC, FWLLC, Excel and PFS seek ? EXHIBIT ' i modification of the Award pursuant to N.C. Gen Statute 1=569.20. The requests of FCLLC and FWLLC to modify the Award are granted. The requests of Excel and PFS to modify the Award are denied. The Award is modified as follows: MODIFIED AWARD The Arbitrator makes the following MODIFIED AWARD: 1. Excel shall pay to FCLLC the sum of $77,567.00 plus interest from April 1, 2010. at the rate of 8% per annum until paid. 2. In addition to the amount to be paid in accordance with paragraph 1 above, Excel and PFS, jointly and severally, shall pay to FCLLC the sum of $61,776 plus interest at the rate of 8% per annum until paid. 3. Excel shall pay to FWLLC the sum of $375,399.00 plus interest at the rate of 8% per annum until paid. All expenses of the arbitration, including expenses and fees of the Arbitrator shall be borne equally by the Parties. 4. All claims by Excel are denied. 6. All claims for attorneys' fees are denied. 7. All expenses of the arbitration, including expenses and fees of the Arbitrator shall be borne equally by the Parties. Each Party shall be responsible for its separate attorneys' fees and expert/consultant costs and expenses. 8. All sums or corporate surety bonds heretofore deposited with the Clerk of Court of Mecklenburg County, North Carolina to discharge liens of Excel are to be immediately relinquished to FCLLC. 2 9. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims and counterclaims by any of the parties not addressed expressly in this Award are denied. I, Richard Conner, do hereby affirm upon my oath as Arbitrator that I am the individual described in and who executed this instrum nt which is my Award as Modified. April 5, 2010 l - a,., Richard Conner 0? ),b STATE OF NORTH CAROLINA 1W COUNTY OF MECKLENBURG IN THE GENERAL COURT OF JUSTICE ` Fidelity/Woodstone, LLC, Owner, j M ? N Fidelity Construction, LLC ) Attn: Ed TreviRian ) ) Excel Homes, LLC. (1st Tier Subcontractor) ) 1. Name and address of person claiming lien: EXCEL HOMES. LLC (1- Tier Subcontractor) 300 Corporate Center Drive. Ste. 602 Camp Hill. Pennsylvania 17011 General Contractor's Name and address: BEFORE THE CLERK CLAIM OF LIEN (First Tier Subrogation/N.C.G.S. § 44A-23(a)) Fidelity Construction, LLC Principal Mailing Address: Ed Trevillian, Registered Agent 1056 Greylyn Drive Mathews, NC 28104 rn '? C _ 3 z w ? N 9913-k Monroe Rd. Charlotte, NC 28270 2. Name and address of the record owners of real property claimed to be subject to the lien at the time the lien is filed: Fidelity/Woodstone, LLC Principal Mailing Address: 9913-k Monroe Rd. Ed Trevillian, Registered Agent Charlotte, NC 28270 1056 Greylyn Drive Mathews, NC 28104 LJE- NS t CAAICEL D 3. Description of the real property upon which the lien is claimed• HATE: 514, 518, 522 and 524 Ridgeway Avenue 8Y: Charlotte, North Carolina 28204 ?pp WlTNL6SED: ASST. J 4EPUTY MERK 811PEWOK WUM a/k/a Lots 11, 12, 13 and 14, BIk. 26. Highland Park 4. Name and address of the person with whom the Claimant contracted for the furnishing of labor or materials: Fidelity Construction, LLC Ed Trevillian, Registered Agent 1056 Greylyn Drive Mathews. NC 28104 Principal Mailing Address: A TRUE COPY CLEIR SUPERIOR COURT 04919 A oepctr wck sips "Coyxt 9913-k Monroe Rd. Charlotte, NC 28270 :EX n+isrr 5. Date upon which labor and materials were first furnished upon said property by the Claimant: March 7, 2007 6. Date upon which labor or materials were last furnished' upon said property by the Claimant: February 6, 2008 7. A general description of the labor performed, or materials furnished, and the amount of claims therefore: Modular Home units constructed and delivered with follow-up labor and services rendered. 8. Amount of Claim: $47.150.06 9. Lien Claimant (First Tier Subcontractor Subrogation Claimant)(See Attached Notice of Claim of Lien): EXCEL HOMES, LLC 300 Corporate Center Drive, Ste. 602 Camp Hill, Pennsylvania 17011 Date: ?6rney for Excel )=Tomes, LLC (Lien Claimant) C. State Bar No. 10418 Miller Marshall Roth, Professional Corporation P.O. Box 769 Asheville, North Carolina 28802 (828) 281-2100 - Tel (828) 281-2120 - Fax cmarshallna.mmrlawfirm.com - Email FILED THIS DAY OF , 2008. CLERK OF SUPERIOR COURT MECKLENBURG COUNTY STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION File: lb . +IIOD Civtl-rErM1 FIDELITY CONSTRUCTION, LLC, AND FIDELITY WOODSTONE, LLC Plaintiffs, V. EXCEL HOMES, LLC DB/A EXCEL HOMES AND EXCEL HOMES, INC. AND PFS CORPORATION SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF FOREIGN JUDGMENT Defendants. Edward Trevillian, being first duly sworn, deposes and states as follows: 1. The Order and Judgment against Defendant Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. ("Excel") in the case entitled "Fidelity Construction, LLC and Fidelity Woodstone, LLC v. Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. and PFS Corporation," Case No. 08 CVS 16582, in the Superior Court of Mecklenburg County, North Carolina, entered on April 28, 2010, is a final judgment with respect to the matters stated therein (the "Final Judgment"). 2. The total amount owed to Plaintiffs by Judgment Debtor Excel per the Final Judgment is the sum of $514,742.00 plus interest at the North Carolina legal rate of eight percent (8%) per annum from April 1, 2010 until paid in full. 3. The Final Judgment is valid, enforceable, and unsatisfied in whole, and is due and owing to the Plaintiffs from the Defendant Excel. 4. The Judgment Debtor Excel is located at 300 Corporate Center Drive, Suite 602, Camp Hill, PA 17011. {00225878.DOC V. F104.016373;} _ 4 5. The Judgment Creditors, Fidelity Construction, LLC and Fidelity Woodstone, LLC are located at 1056 Greylyn Drive, Matthews, North Carolina 28104- 6067 This 9 day of June, 2010. By: By: Fidelity Construction, _Ial t* STATE OF ,(n?/kl, t? ? COUNTY OF Muk, Thits foregoing instrument was acknowledged before me this - (U (date) by who is Arsonally known to me or who has produced 1 _) L.- n c- -'M9 I ?G - I I ' I (type of identification) as identification.. 10?'N SEAN J RUSIGNOLA NMRY PUBLIC MeddenWrg County North Caroline Conrnission Expires March 15, 2014 Notary Public Name (Typed, or Stamped) {00225878.DOC V. F104.016373;} memoer/NiLanager 11 - w STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT IVISION File: 10 - 4100 t i 1`T f IN FIDELITY CONSTRUCTION, LLC, AND FIDELITY WOODSTONE, LLC Plaintiffs, V. EXCEL HOMES, LLC DB/A EXCEL HOMES AND EXCEL HOMES, INC. AND PFS CORPORATION Defendants. AFFIDAVIT OF ADAM L.I i i C c cam: Cr ?, G K Adam L. Horner, being first duly sworn, deposes and states as follows: 1. I am over the age of twenty-one, am fully competent, and all of the information contained in this Affidavit is based upon my personal knowledge. 2. I am an attorney with Hamilton Moon Stephens Steele & Martin, PLLC. 3. On or about May 7, 2010, I spoke with Tim B. Wood, Assistant Clerk of Court of Mecklenburg County Superior Court, North Carolina attempting to obtain a certified copy of the docket entries for "Fidelity Construction, LLC and Fidelity Woodstone, LLC v. Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. and PFS Corporation," Case No. 08 CVS 16582, in the Superior Court of Mecklenburg County, North Carolina, as required by Cumberland County, Pennsylvania Clerk of Court for the domestication of a foreign judgment. 4. I was informed that North Carolina Superior Court does not and will not certify docket entries. 100225877.DOC V. F104.016373;1 - . This I day of*%y, 2010. By: SWORN TO AND SUBSCRIBED before me this day of May, 2012 0. M f'?IA /,-' 0 . Notary tullic Commission Expires: - r 2U y o N0TAR h'fy Comm. Expires g July 4, 2010 V ` SO: VBL {00225877.DOC V. F104.016373;} ---A STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND FIDELITY CONSTRUCTION, LLC, AND FIDELITY WOODSTONE, LLC Plaintiffs, V. EXCEL HOMES, LLC DB/A EXCEL HOMES AND EXCEL HOMES, INC. AND PFS CORPORATION Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION File: 10 - 41nD 0-;,/;1 wCm CERTIFICATION OF ADDRRS "u m T Gr' The undersigned, as Member/Manager of Fidelity Construction, LLC and Fidelity Woodstone, LLC, hereby certifies that the last known mailing address for Defendant Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. is: Excel Homes, LLC d/b/a Excel Homes and Excel Homes, Inc. c/o Brent Werner, CFO 300 Corporate Center Drive, Suite 602 Camp Hill, PA 17011 Fidelity Construction, LLC By: Edward Trevilli Fidelity Woodstone, LLC By: Edwar revillian Member/Manager This (-e day of May, 2010. {00225694.DOC V. F104.016373;} - ". SWORN TO AND SUBSCRIBED before me this V day of May, 2010. No&Tublic Commission Expires: ??- A,CCO 0TAf?y %s MY Comm. Expires July 4, 2010 V PUB `\ G 100225694.DOC V. F104.016373;} VJJS 08CVS016582;J001 VJJS NC AOC CIS CIVIL CASE PROCESSING SYSTEM 05/10/10 12:32:06 MECKLENBURG ABSTRACT SUMMARY 08 CVS 16582 FILE NUM: 08 CVS 016582 ABS NUM: J001 CLOCKED: 042810 0215 PM INDEXED: VACATED: CANCELLED: REASON: DEBTOR: STATUS: CREDITOR: STATUS: INDIGENT COSTS: 'F6' TO DISPLAY: DETAIL LIST PAYMENT LIST VIEW ABSTRACT VIEW HISTORY PAYOFF DATE: 051010 AMOUNT: 516,554.87 DAILY INT: 112.82 MONEY AWARD: 514,742.00 INTEREST: 1,812.87 MONEY PAID: 0.00 INTEREST PAID: 0.00 MNY BALANCE: 514,742.00 INT BALANCE: 1,812.87 COSTS & FEES: TOTAL: 516,554.87 COSTS PAID: PAID: 0.00 COST BALANCE: BALANCE: 516,554.87 GENR0008I-RECORD READ SUCCESSFULLY F1=HELP 3=EXIT 6=LIST ' s VCIU 08CVS016582 VCIU NC AOC CIS CIVIL CASE PROCESSING SYSTEM 05/06/10 11:49:01 MECKLENBURG ISSUE/ORDER DETAILS 08 CVS 16582 FIDELITY CONST LLC VS EXCEL HOMES ACQUISITION CORP SHOW PENDING ONLY: N (Y/N) ACTION CODE: I (U,I) FILE NUM: 08 CVS 016582 START DATE: CASE DISP DATE: 042810 CODE: TRJU SELECT USING: I=ISSUES,J=JUDGMENTS/ABSTRACT,C=CONSOLIDATIONS,T=TRANSFERS ---ISSUE--- ------- ORDER ------- PLDG TYPE CLK DT BY PARTY AGAINST PARTY CLK DT R X BK PG/ ABS NUM _ COMP CNTR 072208 FIDELITY CONST LLC EXCEL HOMES ACQUISI 040709 RE FIDELITY/WOODSTONE EXCEL HOMES EXCEL HOMES INC PFS CORP 040709 RE _ NEGO 072208 FIDELITY CONST LLC EXCEL HOMES ACQUISI 040709 RE FIDELITY/WOODSTONE EXCEL HOMES EXCEL HOMES INC PFS CORP 040709 RE _ _ CTCL CNTR 092608 EXCEL HOMES ACQUISI FIDELITY CONST LLC 042810 CS EXCEL HOMES FIDELITY/WOODSTONE 042810 CS MORE: F GENR0008I-RECORD READ SUCCESSFULLY F1=HELP 3=EXIT 4=PROMPT 5=REFRESH 7=BKWD 8=FWD 9=HOLD ll=UNDO 12=CNCL VCIU 0BCVS016582 VCIU NC AOC CIS CIVIL CASE PROCESSING SYSTEM 05/06/10 11:49:08 MECKLENBURG ISSUE/ORDER DETAILS 08 CVS 16582 FIDELITY CONST LLC VS EXCEL HOMES ACQUISITION CORP SHOW PENDING ONLY: N (Y/N) ACTION CODE: I (U,I) FILE NUM: 08 CVS 016582 START DATE: CASE DISP DATE: 042810 CODE: TRJU SELECT USING: I=ISSUES,J=JUDGMENTS/ABSTRACT,C=CONSOLIDATIONS,T=TRANSFERS ---ISSUE--- ------- ORDER ------- PLDG TYPE CLK DT BY PARTY AGAINST PARTY CLK DT R X BK PG/ ABS NUM CTCL CNTR 092608 EXCEL HOMES ACQUISI FIDELITY/WOODSTONE 042810 CS EXCEL HOMES EXCEL HOMES INC _ MOTN OTHR 092608 EXCEL HOMES ACQUISI FIDELITY CONST LLC 040709 GW EXCEL HOMES FIDELITY/WOODSTONE 040709 GW EXCEL HOMES INC _ MOTN AMND 032409 FIDELITY CONST LLC EXCEL HOMES ACQUISI 040709 GW FIDELITY/WOODSTONE EXCEL HOMES EXCEL HOMES INC PFS CORP 040709 GW MORE: BF F1=HELP 3=EXIT 4=PROMPT 5=REFRESH 7=BKWD 8=FWD 9=HOLD 11=UNDO 12=CNCL n } VCIU 08CVS016582 VCIU NC AOC CIS CIVIL CASE PROCESSING SYSTEM 05/06/10 11:49:11 MECKLENBURG ISSUE/ORDER DETAILS 08 CVS 16582 FIDELITY CONST LLC VS EXCEL HOMES ACQUISITION CORP SHOW PENDING ONLY: N (Y/N) ACTION CODE: I (U,I) FILE NUM: 08 CVS 016582 START DATE: CASE DISP DATE: 042810 CODE: TRJU SELECT USING: I=ISSUES,J=JUDGMENTS/ABSTRACT,C=CONSOLIDATIONS,T=TRANSFERS ---ISSUE--- ------- ORDER ------- PLDG TYPE CLK DT BY PARTY AGAINST PARTY CLK DT R X BK PG/ ABS NUM MOTN AMND 032409 PFS CORP 040709 GW _ COMP CNTR 040709 FIDELITY CONST LLC PFS CORP 042810 GW X JMT 001 FIDELITY/WOODSTONE EXCEL HOMES LLC 042810 GW X JMT 001 EXCEL HOMES EXCEL HOMES INC _ NEGO 040709 FIDELITY CONST LLC PFS CORP 042810 GW FIDELITY/WOODSTONE EXCEL HOMES LLC 042810 GW EXCEL HOMES EXCEL HOMES INC _ CONS OTHR 063009 FIDELITY CONST LLC PFS CORP 063009 GW MORE: BF F1=HELP 3=EXIT 4=PROMPT 5=REFRESH 7=BK WD 8=FWD 9=HOLD 11=UNDO 12=CNCL VCIU 08CVS016582 VCIU NC AOC CIS CIVIL CASE PROCESSING SYSTEM 05/06/10 11:49:14 MECKLENBURG ISSUE/ORDER DETAILS 08 CVS 16582 FIDELITY CONST LLC VS EXCEL HOMES ACQUISITION CORP SHOW PENDING ONLY: N (Y/N) ACTION CODE: I (U,I) FILE NUM: 08 CVS 016582 START DATE: CASE DISP DATE: 042810 CODE: TRJU SELECT USING: I=ISSUES,J=JUDGMENTS/ABSTRACT,C=CONSOLIDATIONS,T=TRANSFERS ---ISSUE--- ------- ORDER ------- PLDG TYPE CLK DT BY PARTY AGAINST PARTY CLK DT R X BK PG/ ABS NUM CONS OTHR 063009 FIDELITY CONST LLC PFS CORP 063009 GW FIDELITY/WOODSTONE EXCEL HOMES LLC 063009 GW _ MOTN OTHR 041410 FIDELITY CONST LLC FIDELITY/WOODSTONE EXCEL HOMES EXCEL HOMES INC EXCEL HOMES ACQUISI 042810 GW EXCEL HOMES EXCEL HOMES INC PFS CORP 042810 GW EXCEL HOMES LLC 042810 GW EXCEL HOMES MORE: BF F1=HELP 3=EXIT 4=PROMPT 5=REFRESH 7=BKWD 8=FWD 9=HOLD 11=UNDO 12=CNCL VCIU 08CVS016582 VCIU NC AOC CIS CIVIL CASE PROCESSING SYSTEM 05/0 6/10 11:49:17 MECKLENBURG ISSUE/ORDER DETAILS 08 CVS 16582 FIDELITY CONST LLC VS EXCEL HOMES ACQUISITI ON CORP SHOW PENDING ONLY: N (Y/N) ACTION CODE: I (U,I) FILE NUM: 08 CVS 016582 START DATE: CASE DISP DATE: 042810 CODE: TRJU SELECT USING: I=ISSUES,J=JUDGMENTS/ABSTRACT,C=CONSOLIDATI ONS,T=TRANSFE RS ---ISSUE--- ------ - ORDE R ------- PLDG TYPE CLK DT BY PARTY AGAINST PARTY CLK DT R X BK PG/ ABS NUM MOTN OTHR 041410 EXCEL HOMES LLC 042810 GW EXCEL HOMES EXCEL HOMES INC _ FILN WDCN 050310 EXCEL HOMES ACQUISI 050310 GW EXCEL HOMES EXCEL HOMES INC PFS CORP 050310 GW EXCEL HOMES LLC 050310 GW EXCEL HOMES EXCEL HOMES INC MORE: B F1=HELP 3=EXIT 4=PROMPT 5=REFRESH 7=BKWD 8=FWD 9=HOLD 11=UNDO 12=CNCL