Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-5139
COMMONWEALTH Of PENNSYLVANIA NOTICE OF APPEAL f COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT ldll c' DISTRICT JUSTICE JUDGMENT COMMON PLEAS No O y- ,S13 99 '7f NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. NAME OF APPELLANT ?2J9S%V&0rJAL W LA- IQ, ADDRESS OF APPELLANT J MAC ISaA Alf DATE OF NT I M THE CASE OF (F a?N9 l4UAV`TI MAC. DIST. NO. OR NAME OF Dl. CITY STATE ZF CODE /y?Q'y?{ iairrtilll ,?? UnEIM''?id(0? lOelentlantl ?L mr? / toO vs PFLAI??n"AV MILS. W, Or AL.. V???>+tcs WaAh NATURE OF APPELLANT OR HIS ATTORNEY OR AGENT DOS3S1 - oq LT 4 ),,1 This block will be signed ONLY when this notation is required under Pa. R.C.P.I.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothoratary Enter rule upon QIIALITI( g111?I.Lt VNY) , appellee(s), to file a complaint in this appeal Name or appellee(s) (Common Pleas No 0'/- -57-4 6 J Z-e,-, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ii? law *140N signature or appellant or his attomey or agent RULE: To ROA1,4 { JOIM W, , appellee(s). Name of appellees) (1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing n Date: 01-;tw" i /.Z; . 126a ! ` [Lrr !.? swature of PromaKKary or 06" AOPC 312-90 C:OuRT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE O NOTICE OF AP3?EA1, AND RIJLI? COMPLAMT ( This proof of s'ervrC.e n:Mt1S7 8E F'? F.' WIT-01; n r'I a 'rtir rr , .:,,«.n 'e blxe•:; . COMMONWEALTH OF PENNSYLVANIA COUNTY AFFIDAVIT: tne?ezy ,v?e.as;,r ? _ Fteaa P:_. G9r.tC Lt` --..-___. __? .._.. _. i it ,t„tdr.t ra'• ` : i•? r to U;; w'n,, °.;. St •i;Ff 'data of IJ and further that I served ihp Pa'?e? t o ;':n .. ,, • , ..., rrr . ,. , , ?,.,,. is . senrs< ce;pt , .,.. •.ere:?. SWORN (AFFIRMErir A' 5U,63GHI 3r 7 8.£? +at-,re o TWO mf oOISIC! My cOmni isi^n r.nyltG> or Al ? f r W -C1 fir; _ lY-1 _... ('} to J ONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND +naS-=lst_NO_ 09-3-04 THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA onnoa r717) 761-8230 17050 PRESIDENTIAL HILL, LLC 2 MADISON AVE PENNINGTON, NJ 08534 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ 7QUALITY BUILDERS WARRANTY CORP. 325 N 2ND ST WORMLEYSBURG, PA 17043 L VS DEFENDANT. NAME and ADDRESS 7PRESIDENTIAL HILL, LLC, ET AL. 2 MADISON AVE PENNINGTON, NJ 08534 L vi jDocketNo.: CV-0000351-04 Date Filed: 4/12/04` I i THIS IS TO NOTIFY YOU THAT: Judgment:- DEFAULT JUDGMENT PLTF Iii Judgment was entered for: (Name) QTTAT.TTY RTTTT,nF..RA WARRANTY rnRP l?l Judgment was entered against: (Name) WTL SON, RTCX in the amount of $ 2,292 _ 00 on: (Date of Judgment) 4/20/04 h' Defendants are jointly and severally liable. (Date & Time) _ u - Damages will be assessed on: Amount of Judgment $ 2,200.00 Judgment Costs $ 92.00 _i This case dismissed without prejudice. Interest on Judgment $ .00 (Attorney Fees $ 00 Total $ 2,292.00 Amount of Judgment Subject to JI Attachment/42 Pa. C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $ - damages arising out of residential lease $ i Certified Judgment Total $ ,_ ._._,.A _ TIT H THIN 30 -,..ASSIHE BIGy-8g R19HT TOO APAT, PEEAL WIAk „„? DA_ YS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF TH q ~F COMMON PLEAS, CIVIL DIVISION. YOU E COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i g L 1l t Cpl Date tit ? 64lct Justice 'i I certify that this is a true a55d . correct copy?of the record of the pr?ceedings containing the, judgment, , Date / _District Justice y 44 //? My commission expires first Monday of Januak , 010. SEAL t AOPC 315-03 DATE PRINTED: 9/21/04 1:44:15 PM -COMMONWEALTH OF PENNSYLVANIA COUNTY OF'. CUMBERLAND Mao. 0151. No.. 09-3-04 ..J bale Hon. THOMAS A. PLACEY j 'tltlfp551 104 S. SPORTING HILL RD MECHANICSBURG, PA -e[aorwae 17171 761-8230 17050 PRESIDENTIAL HILL, LLC 2 MADISON AVE PENNINGTON, NJ 08534 THIS IS TO NOTIFY YOU THAT: Judgment: • - NOTICE OF JUDGMENT/TRANSCRIPI PLAINTIFF: CIVIL CASE NAME and ADDRESS _ 7QUALITY BUILDERS WARRANTY CORP. 325 N 2ND ST WORMLEYSBURG, PA 17043 L VS DEFENDANT: vAMEand ACCRESS r-PRESIDENTIAL HILL, LLC, ET AL. 2 MADISON AVE PENNINGTON, NJ 08534 L Docket No: CV-0000351-04 Date Filed: 4/12/04 DEFAULT JUDGMRWT PLTF vs U Judgment was entered for: (Name) QUAT,TTY RTTTT.nF.RS WARRANTY rnRP X Judgment was entered against: (Name) PRF.STDEWTTAT, HTT,T,, T,Td.. in the amount of $ 2,2q2.00 on: (Date of Judgment) q/20/04 Defendants are jointly and severally liable, (Date & Time) Damages will be assessed on: L This case dismissed without prejudice. r- Amount of Judgment Subject to LL Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ _ Amount of Judgment $ 2,200.00 Judgment Costs $ 92.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,292.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ __ANY PA-RlY._HAS THE: tQd'E. APREALMJTHIN 30 DAY_S-AFTER THE ENTR_Y_OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. , V -. 21 ?04 Date District Justice I certify that this is a true a correct copy of the record containing the Judgment. q 211 C4 Dat? District Justice / My commission expires first Monday of January, 010 SEAL L AOPC 315-03 DATE PRINTED: 9/21/04 1:43:56 PM PROOF OF SERVICr OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (TI-is proof Of service M ST BE Fti.F;-) WITHIN TEN f IoLQ,n' TER Ming i7e notice of appeat t 7,, k apt-Pc- t'40 boxes) COMMONWEALTH OF PENNSYLVANIA r"s ? l _.2•-C•,?_-? COUNTY OF AFFIDAVIT „ rn c r or . Gr thUt' ae??e+=d a ce cy J` ti r k ,,,g 4 ADp rI ?'-prnTi O.i Pi P.as No 1 UPOn th D,3tfc' OPStg rldtE C' the rem 6t" YIr e (dat & w servrcer r by Person x y ("e t?`??t 7 {re sstt fi 3fl_ senCef 3 (?fP ?i flit&c to ? .f, r J i !' 3p(}f ? t.t. r n r 1??? e 4. -. ?1.V?It? Y` __ _ ` _.__ -., On - ?Q- H- Q _ r 4 PPr>rna' sarvire l b Uertif?ed?{rcg(?teeed) m10 se deCs receipt attached hereto i and further that orvrjd the Ruie to Foe. i.,?rnpi 3i ampar y p'.3hswt Nor r.a of Appeal upon th©a I ets) tr whom tiv Ruse was ac dressed on i by nnl ne;v- ??hy 'c. rt e; !rect., Arzd; mat . seru3ea? r r ip*, at a hed here J. SWORIN (AF IAMF.D) ) AND 'J Et GR?t-3 U E LIFO ".E NNE Signaruro of afriant St4r ltut :n'C/(i 9 rr°0?8 V. Y, G;.a';rJ"•qtb Jale of onc[??,^ crnr 1ERS°_`l My comm7S?1Un e x(7ite^ oi? .= -? --' COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT %OOTICc OR: ADDetAI FRCM i? o v DISTRICT JUSTICE AIDGiAEN COMMON PL EAS N. t.? 5 Lug-P NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from 'he judg?nenl Ieideted by the District Justice on"th! f, date and in the case mentioned below Tl;ir l?E?1?lA1. WIA t- l aP11? leg c WIE.,TAEJarr - L- c1 4E - q P?S4? AaaItE55 al APPELLAM n MA 6®4 , CASEarpainnnl dlklz? --?=$.! -- [ •. `,?-- 11 ?a , 1 09 VS fc 3tnX. ILI? E-t- WURE OF ELLAM HIS Amcor E OR AOFNq' cv rinak 3S I - o4 Lt ? Y this block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No 4 If appellant w1s CLAIMANT (see Pa. R.C.P.JR No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a 1001( 5) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) to action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon'W"In L,/ t oppellee s , to file a complaint in this appeal -Name of appellce(sl (Common Pleas No 02- 1'/J f ?'rwQ 7,,cy ) within twenty (20) days after service of rule or suffer entry of judgment of ran pros. , SvWure or appeaant a his attomey w agent RULE: To ? Name ame o?'?` appellee(s). N of appetteelsl (1) You are ratified that a rule is hereby entered upon you to file a complaint. in this appeal withip twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail ii±+i+ (2) If XW41o not #?Mb,complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of Jhis.ule if service was by mail is the date of moiling r.l Jlr f svieture Of P-Mcoolary 00" AOPC 312-90 COURT FILE '.tr$ ^ .„F mks. M c. `? rat ,tpi ?-? 13 .. r, m. . . ° icYNi1CSRUkG, 'r4,. - 17050 ----- ------ (lJ ?ostage - - - L.tl Certified Fee ° ° Return Receipt Fee (Endorsement Required) I - C3 ° i Restricted Delivery Fee - (Endosement Required) Total Postage & Fear co .FSent To rll O Street Apt. No - prPOB-No 10,f S S?W C17 J(p ff't? ° City, State, ZIPW T Ple6i`44ACS UP, C, ---- i ?' a CO ° -.EWYNE: c4 17043), a fU Postage $ .,v. ° -11 U1 Certified Fee - J ° Return Receipt Fee 1 ° (Endorsement Required) RestriUetl Delivery Fee ° (_ndomement Required) C3 0- 'Fl Total Postage d Fees $ ' c p Jenf To f---- j. ?st_. G/¢vi l rr C3 or PO Rox Street, . No.. G (y2,Lrce Jlid q f 7 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff V. PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA DOCKET NO. 04-5139 : 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 WHER YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff V. PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA DOCKET NO. 04-5139 CIVIL TERM COMPLAINT AND NOW, this 27th day of October, 2004, comes the Plaintiff, Quality Builders Warranty Corporation by and through its attorney, John A. Gill, Esquire, and files the within Complaint and avers in support hereof the following: 1. 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, Presidential Hill, LLC is a New Jersey Corporation, with its principal place of business located at 2 Madison Avenue, Pennington NJ 08534. 3. Defendant, Merrick Wilson, aka Rick Wilson, (Wilson), is an adult individual who resides at 1332 Moon Drive, Yardley, Bucks County, Pennsylvania 19067. 4. 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 10-year Limited Warranty program. A copy of said agreement is attached hereto, incorporated herein and marked as Exhibit 1. 5. Wilson executed the agreement as guarantor of the performance of Presidential Hill, LLC. 6. Presidential Hill, LLC breached its Builder Agreement with QBW, including Section C2, by failing to properly resolve the complaints of a property owner at 8 Jefferson Place, Pennington, NJ, which home was constructed by Presidential Hill, LLC and enrolled by them in the QBW Limited Warranty program. 7. Presidential Hill, LLC, failed to pay all dispute settlement fees as well as attorney's fees incurred by QBW in connection with their failure to properly address the homeowners' complaint, in accordance with the terms of the Builder Agreement attached as Exhibit 1. 8. To date, Presidential Hill, LLC and Wilson, as guarantor, has failed to reimburse QBW the sum of $2,500 in attorney's fees. 9. 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 WHEREFORE, Plaintiff, Quality Builders Warranty Corporation demands Judgment against Defendant Presidential Hill, LLC and Merrick Wilson, aka Rick Wilson, jointly and severely in the sum of $2,500 for attorney's fees and cost of collection as authorized by the Builder Agreement attached as Exhibit 1, and such other relief as the Court deems just. By: JO A. GILL, ESQUIRE At -tome), ID # 41532 325 North Second Street Wormleysburg, PA 17043 1 11-130'gI Attorney for Plaintiff Quality Builders Warranty Corp. EXHIBIT 1 ? ? i -- - - -? SUj ER AGREEMENT AGRE MENT mane this day of ^0 between QUALITY BUILDERS WARRANTY CORP M , a Pennsylvania corporation, herein referred to as "ar_;vv,- and HEX.S.s LLC Name of 5wider (ihpicare whMar a cdrporanon. Darulamhio. inptvtdual or othar) of Acato ss 2 Modus Avem3lie, ?? W 08534 herein referred to as "Builder." - stele -lid SECTION A. MEMBERSHIP AND TERM: 1, QBW administers a program whereby home builders reeisered with QBW enrol: homes they construct in the program and purchasers of those names are protected by a warranty against certain specified defects. 2. In order to develop and maintain a good reputation for providing protection to purchasers of ',veil-built homes, QBW protects and promotes its good-will by careful Zeiection of builders to participate in its warranty program. 3_ Builder desires to participate in QBW's warranty program and, to that end, agrees to abide by the provisions of this Agreement and to conform its behavior to the standards expressed herein and in the Limited Warranty Agreement. 8uiider warrants that all information supplied to QBW in connection with its application Is true and correct a. All -egistration fees !initial and annual rescreening) are set by QBW at its discretion and are non-refurdacte. 5. QBW, upon executing this Agreement, has accepted Builder as a member of its warranty program, subject to the Builder's continuing performance of its obligation under this Agreement, 6. Builder's membership shalt commence on the date of Execution by QBW and shall continue until terminated by either party in accordance with the terms of this agreement. QSW reserves the right to rescreen Builder annually. If QBW detemminez that Builder does not meet its approval standards upon rescreening then GIBW may terminate Builders membership and the provisions of Section B, paragraph 6, shall be in effect- SECTION S. HOME ENROLMENT: 1. Requirerum s. As part of its participation in Q&PS warranty program, subject fo Q8W's acceptance, Builder agrees to enroll in the program, every home, Builder, Builder's Principa;s, or any entity under Builder's, or Builder's PTincipais common corrtrot: constructs in any state in which QBW operates and agrees to pay ail fees required by QBW Fn the enrollment pm =se , which fees shall be non-refundable. 2. Procedhfm Builder agrees in enroll its homes according to procedures estatrlished by CBW. Builder may enroil homes currently under construction and homes completed but not sold or occupied (as of the data of this agreement or the dale of neacceptance following a period of suspensiort or nnn-oarbcipation). pravidect that enrollment is made with .:n 45 day3 of exe- cution of this Agreement or reacceptance, and QBW has inspected and approved the home. Homes which remain in a Budtler's inventory longer than 18 months must be enrolled by the end of the 1901 month from construction start date to qualify for enrollment Tie warranty will be issued to the Builder and the unexpired portion of the warranty will automatically transfer to the purchaser. When enrolling other than a detached single family dwelling, Builder shall enroll each individual unit of any multiunit dutetiino such as but not limited to duplexes, townhouses and condominiums, For each home enrolled, the Builder shall pay a warranty fee as determined by QBW within the time periods estab- lished by GS'N, All warranty ;ees are non-refundable. A minimum warranty fee of $100.00 snail apply. QBW will provide Builder with a copy of the Limited Warranty Agreement and Enrollment form. Builder and purchaser must complete and sign the Enrollment Form at closing, and Builder agrees to furnish a8W with a copy of the signed Enrollment form within tan (10) days of closing. Builder agrees not to charge the purchaser dlrec'Jy forthe cost of the enroll- ment fee. A home will not be considered enrolled until QBW receives and approves the fully executed and completed Enrollment Form, payment of all fees, and an approved final inspection, 3. Reservation of Power of Review. QBW reserves the right to reject any home submitted for enrollment in the program if (a) the Builder is not a member in good standing; (b) the home is not constructed 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 fails to comply with the terms of this Agreement A. Assignment of Rights. If a purchaser files a Complaint pursuant to the Limited Warranty Agreement which the Builder fails to m rect, the Builder hereby assigns to QBW or its insurer, as the case may be, any rights which Builder may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with that claim. Builder agrees to cooperate fully with QSW and to provide QBW with all information which it requests pertaining :c the claim. If Builder fails to so cooperate, Builder agrees to compensate and indemnify QBW for any damages sustained by such lack of cooperation. 5. Breach and Remedy, if Builder fails to enroll any eligible home as required by this Agreement, QBW may seek specific enforcemeqt or other aporopriate relief in legal or equitable proceedings, even if this Agreement has been terminated. . Exhibit l SUN--L8-00 05:-4S "M PRE.1 LtN; HL ou- _ JUN-19-2000 15403 QUALITY BUILDERS WARRANTY 717 737 4288 P.oei09 Fu(tnermOrB, DUIIUt3t h1?1 CvJ W n ?uoi ni .. T ?...., „ ,.. ".. ....__.. .._ suffer as a result of Builder's brioach of this Agreement and such losses and casts snail include reasonable attorney's tees and expert witness fees, Builder hereby irrevocably authorizes and empowers any attorney or any court of record of Pennsylvania or eisewhere m appear for and confess judgment against Builder for all amounts for which Builder may become Ilaele to QBW for the breach of this Agreement, as evidenced by an affidavit signed by an officer of 013W setting forth the amounts then due. plus attorney's fees incurred by 013W, with coats of suit and release of errors. Such authority snail not be exhausted by any one exercise thereof but judgment may be confessed as aforesaid from time to time as often as there is a default. Remedies stated herein are elective and not exclusive and QBW may elect to proceed under this or any other para- graph in this Agreement. 8. Suspension or Termination, oBW may terminate, or at its option, suspend Builder's participatlon in OBW's Wsrranty Program. or any entity or individual which Builder Is affiliated, if QBW determines that Builder has done any of the follow- Ing. which shall be deemed a breach of this Agreement. (a) fails to comply fully with an provisions of this Agreement: (b) fails to perform any at Its obligations under this Agreement, inc!uding, but not limited to. coocerating in the operation of iris program's Informal dispute resolution and arbitration procecure: (c) fails to resoond to QBW's notice of a homeowner's complaint: rd) fails to comply with a decision which is rendered pursuant to complaint procedures: (a) fails to provide adequate assurance to QBW within ten (10) days after tt receives a written request from QBW for sucn assurance that (within a reasonable ttmetablo established or approved by QBW) it is willing and able to cooperate in dispute sattfement and to perform the obligations under any decision which is rendered pursuant to such procedures: (f) tails to otherwlse cooperate in the operation of the QBW Program in accordance with :he rules and regulations of the QBW Program: (g) falls to provide timely proof or compliance with this Agreement, as and when requested by QBW; (h) fails to comply with QBW Warranty Standards and building codes as stated in the Limited Warranty Agreement: (i) falls to comply with the enrollment procedures establishea by QBW; (j) fails to provide proof that onrolled homes have been Subiected to required inspections; (k) fails to respond to purchaser complaints in a timely manner and as provided in the Limited Warranty Agreement. (1) falls to perform its obligations with professional competence or conduct its operations from a position of financial strength and stability; (m) fails to notify QBW within 30 days of a c.lange in ownership, company name or company standing, ftnancisf condition. or of any other material fact which might affect Guilder's ability to meet Its obligations under his Agreement: ,n) fails to meet ethical standards in its oealings with customers; or (o) misstates or misrepresents any information In connection with Its application or in the rescreening process. oBW reserves the option to reinstate terminated affiliates of the primary, terminated Builder if QBW determine8;hat the terminated Builder or its principalS are not In a position to control the affiliated Builder. Termination or Builder by QBW shall not affect the tights or obligations of any of -the parttes to this Agreement H0 respect to the Warranty Program in sifecr at the date of termination, subject to the provisions pertaining to voidanillty. if a Builder is suspended or terminated, he shall not represent himself to be a member of the QBW Warranty Program nor offer the QSW Warranty and shall not use its Logo or refer to the program In any way nor attempt to enroll any home. The Builder shall immediately notify any Buyer currently under contract to purchase a home of tho suspension or termina• lion and that the oBW Warranty Program has been withdrawn. Upon request„ Builder shell lmmediateiy return to QBW ad materials supplied by QBW and ail material making reference to QBW. Should Builder fail to take these steps, it shall indim- nity and hold harmless QSW and the insurer against any and all expenses Incurred and losses suffered, including but not limited to attorney fees, by either of them as a result. In addition, Builder shall pay interest to 05W at the rate of 18% per annum on all sums due to QBW hereunder It such sums are not paid within 30 days of dernand by QBW. Builder may terminate m19 Agreement upon 30 days advance written notice to QBW. If so terminated by Builder or by oBW, Builder's obligations under this Agreement shall continue as to those homes enrolled during the period in which MIS Agreement was In effect. 7. Notice. It QBW possesses a reasonable belief that reason exists to terminate or suspend a Builder for violation of this Agreement, QBW may immedlately terminate or suspend the Builder by providing it with written notice. If QBW elects to sus- pend the Builder, such suspension will remain In effect until Builder has cured all defects to 08W's satisfaction. however, oBW reserves the right to terminate any suspended Builder. 8. Voidabllity. QBW reserves the right to void any enrollment if Builder misstates or misrepresents any information in its appli- cation or In the rescreening prccsss or misstatea or misrepresents any information In the enrollment of a particular name or talcs to ;ay any fats due for enrollment of any particular home or fails to forward an enrollment form for a particular norre within 10 days as required, or tails to enroll all unite of a multi unit building. SECTION C. BUILDER'S 0BUGATiONB: m. Constructlon Obllg::tions. Following are Vie Builder's ooligations with respect to GEW's Warranty Program: (a) Builder shall Construct ail homes in conformity with the Warranty Standards provided ;n the Limited Werranrv Anraamam Iu iIJ U g 0©0 t., u5.92 " ,. v.. ` DUAL I TY BUILDERS WARRANTY 717 737 4288 P .0'7109 meats or other means of protection with respect to any homes constructed by builder whlcn QBW determines to be 'High Risks." (b) Builder agreea to have all homes Inspected. as required by QBW, and to pay all fees for the insp@Zlen and to provide evidence of Inspectlon as and when required by QBW. QBW shall provide inspectors or shall approve govemmortai Inspectors. ;c) Q8W shall nave the right to perform soot Inspections to verity Builder's compliance with this Agreement and Budder agrees to cooperate. (d) The Builder agrees to Indemnify and hold harmless CBW and/or its Insurer for any losses or damages QBW and/or its Insurer may surfer as a result of the use of fire retardant treated plywood on any building enrolled under :he QBW Ton Year Warranty Program. This will include all claims and llaoillty for losses. damages ano expenses which QBW and/or its Insurer may sustain, incur. pay or be liable for by means of any investigation settlement or litigation of any claim or action which may be raised. made or brought due to the potential defects caused or Iikeiy to be caused by use of ;he >uoject plywood. (e) It the Builder Is informed by QBW that it Is building In an area designated as one with active soil conditions, the Builder agrees to obtain such soils investigations and reports as may be required by QBW. If such reports indicate a need for special foundation design the Builder agrees to construe: the foundation according to the design of a registered proits- sional engineer to take into account the conditions disclosed by the soil tests. 2. Warranty Obligations. Builder agrees to perform all ooligations arising frorn this Agreement and the Limited Warranty Agreement. The Builder shall at its own expanse perform all obligations as set forth In the QBW Warranty Program and this Agreement which includes meeting the warranty standards upon notice :rom the Purchaser without the necessity of QBW Intervention. During years one and two under the QBW Warranty Program, it the Builder fails or refuses to perform its obligations in accordance with the Limited Warranty Agreement or this Agreement, CBW will perform the Builder's obligations. however, the Builder agrees to reimburse OBW and/or Insurer for all expenses incurred in performing !hair obligations. including but not limited to, cost of materials, cost of collection, labor, architect's fees. engineering fees and counsel fees. QBW Anolor Insurer reserve all rights of subrogation. During years three through ten under the QBW Warranty Program, QBW will perform its obligations with resoectto major structural defects as set forth and defined in the Limited Warranty Agreement without the right of subrogation egalnst the Builder provided that the defect, or symptoms of the subsequent occurrence of he delill first arose after the expira- tion of two years under the.QBW Warranty Program in effect for that home, and that Builder did not attempt to concaalor cosmetically repair the defect or symptoms of the subsequent occurrence of a defect and that the defect does not anss from Builder's failure to construct the home to applicable QBW standards or adhere to Builder's responsibilities under the Builder Agreement. If the Builder repairs a major structural detect during years one or two, QSW must be notlffed. Once notified. 08W will perform a compllanca inspection. 3. Builder is authorized to advertise its membership in the CBW Warranty Program and to use its Logo in its business, pro- vided that any reference to QBW or its Insurer, whether contractual or advertising copy, be approved by QBW in writingln advance of its use. SECTION 0. INFORMAL DISPUTE PROCEDURE: 1. Builder should be aware that the Limited Warranty Agreement provides for an Informal dispute settlement and aroitration procedure to resolve complaints by purchasers under the Limited Warranty Agreement. Builder Should become familiar with the settlement procedures In order to be aware of Its rights and responsibilities. Builder agrees to cooperate fully in the;ro- cedurs and to be bound by and to comply with any decision of an Independent third parry, or arbitrator. If the Builder falls to perform Its obligations hereunder in a timely and workmanlike manner, such failure shall be cot- sidered to be a refusal to perform governed by paragraph C.2 hereof. 2. The Builder agrees to pay all fees charged in connection with the informal dispute settlement and arbitration procedures. SECTION E_ TERMS GOVERNING OPERATION AND INTERPRETATION: 1. Builder agrees to perform its obligations under this Agreement In a timely manner. However, time provided for performance of obligations hereunder shall be extended by events not sutjw, to control by the person obligated to perform- Such events include acts of God. or the public enemy or riot. civil commotion, or governmental conduc'. 2. Descrip;lve headings as to the contents of particular provisions of this Agreement are intended for convenience oniy and are not to be considered in construing this instrument. 3. This Agreement shall not constitute or be considered an agency, employer-employee relationship, joint venture or partner- ship between the parties. None of the parties. nor any of their employees or agents, shall have the authority to bind or oolig- ate the other party except as provided by this Agreement. d. Should any provisions of this Agreement be determined by a court of competent jurisciction to be unenforceable, that deter- minadon will not affect the validity of the remaining provisions. •5, This Agreement shall be inter 'd and enforced in accordance with the law, the Commonwealth of Pennsylvania. All suits instituted unoar this Agret oient shall be brought in Pennsylvania in a court of competent urisdiction. Builder hereov consents to the personai jud.%diciion of the Pennsylvania courts. 6. Builder shall not assign this Agreement without the prior wrtten consent of OB1ti. 7. i his Agreement shall inure to the beset of and be binding upon the heirs, executors, administrators. assignee, and suc. lessors of the representative parties. 8. This instnlment. and security documents and documents referred to or incorporated herein by reference. contain the entire agreement between the parties, and no statement, promises, or inducements made by either patty or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, rr.odified, or altered except in writing signed by the parties and endorsed hereon. 9_ Failure of ether party to insist upon compliance wits any provision of this agreement shall not constitute a waiver of that provision. 10. All notices required hereunder must be in writing and sent by certlfiec mail, postage prepaid. return receipt requecsd. to the recipient at the respective address shown below, or to whatever address the party may designate in wrtin5. i l . The effective date of this Agreement shall be the date of execution by QBW- QUALITY BUILDEIIS WARRANTY CORPORATION By Date of execution by 08w: Builder's Registration No.. July 24, 2000 705M BUILDER. pRpat?ar'Tn? H'IiL.L , LIrC (Marne of BuNder - piano print or type) DATE 7-18-00 By see below 161gnature of Auftrtzed Reitnumniative - t itial (Please print nomantna of a%etutor) 2 MadiaM AVeMze, Pena-in?, IU Oa534 (Add-) )ME XNMCA1-I0rq IRE UNDERSIGNED, intending to be legally bound. jointly and severally do hereby agree to indemnify are save harmless Quality Builders Warranty Corporation against anv and all actions, claims, demands. liabiiity or toss, whatsoever, that may result from PRESIDENTIAL HILL, LLC'S membership in Quality Buiiders i &Tanty Corporation's 10-year Limited Warranty program including, but not limited to actions, claitus, demands liability or toss 'ch may result from the execution and delivery of the within Bauder Agreemem or PRESIDENTIAL BMU, LL .' non-performance of its duties or obligations thereunder, which. includes any liability for arrv Builder past, present and future. 90NM ADDRESS ,OV SPOUSE capyright 1988 Quality Builders Warranty Corporation DATE cowrr-trM ow we i ?i ? 4 = . 7- 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 unworn falsification to authorities. Date: 1.4 Yfa Quality Build s By: Joseph M. Olshefski, President CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Complaint 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 29th day of October, 2004, and to the address listed below: Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 Merrick Wilson, aka Rick Wilson 1332 Moon Drive Yardley, PA 19067 C2Rthjoon a Shaffer, Secretary N Q ) (11 t? ( - PO ro ra c? QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff VS. PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5139 CIVIL ACTION - LAW NOTICE TO: QUALITY BUILDERS WARRANTY CORPORATION c/o JOHN A. GILL, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WR1TTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Merrick Wilson, Member Presidential Hill LLC and Individually 1332 Moon Drive Yardley, Pa 19067 Pro-Se Defendant QUALITY BUILDERS IN THE COURT OF COMMON PLEAS WARRANTY CORPORATION, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. NO. 04-5139 PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON, CIVIL ACTION - LAW Defendants DEFENDANTS' ANSWER WITH NEW MATTER AND NOW COMES, Merrick Wilson, Member Presidential Hill LLC and Individually, hereby filing his Answer with New Matter as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. 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. 5. Denied. Defendant executed an Indemnification clause. 6. Denied. The averment contains a conclusion of law to which no responsive pleading is required. 7. Denied. 8. Denied. WHEREFORE, Defendants request that judgment be entered against Plaintiff. Respectfully submitted, Dated: November 15, 2004 By: J L-L Merrick Wilson, Member Presidential Hill LLC and Individually 1332 :Moon Dr. Yardley, PA 19067 215-295-5398 Pro Se QUALITY BUILDERS IN THE COURT OF COMMON PLEAS WARRANTY CORPORATION, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. NO. 04-5139 PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON, CIVIL ACTION - LAW Defendants VERIFICATION I, Merrick Wilson, hereby certify and state that the foregoing DEFENDANT'S ANSWER WITH NEW MATTER 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: November 15. 2004 Merrick Wilson QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON, Defendants NO. 04-5139 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 15`h day of November, 2004, the undersigned hereby certifies that a true and correct copy of the foregoing DEFENDANTS' ANSWER 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, Esq. Quality Builders Warranty Corporation 325 North 2°d Street Wormleysburg, PA 17043 'VMj By. Merrick Wilson 1332 Moon Dr. Yardley, PA 19067 215-295-5398 t`?J ' 1d.7 r it ? r CC) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Notice of Oral 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 l Oth day of March 2005, and to the address listed below: ll`I ;lk l?v„ 1332 Moon Drive Yardley, Pa 19067 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 ?'-S Rho da Shaffer, Secretary MAR-39-05 10;03 Arl PRESIDENTIAL 6047376402 P.01 Merrick Wilson 2 Madison Ave. i _ Pennington, NJ, 08534 609-737-2323 March 11, 2005 John Gill, General Copnsel l Quality Builders Warranty Corp. 325 North Second Street Wormleysburg, PA 11043 Re: Quality 13uild#s vs, Presidential Hill LLC and Merrick Wilson Docket No. 04-5140; Docket No. 04-5139 Dear Mr. GiH: Pursuant to your letter of March 1, 2005, you may take my deposition for I discovery on the abov?e cases on April 18" or April i9`h, 2005 at 10:00 a.m. at 2 Madison Ave. Pennington, Ned4 Jersey. The deposition will take place at my office, not your s r { U1111•6. L41 fill AiIUN it ?liWG tWtbJ ell 4L CLi1 ?GL1E.. ' Ryspectfully, Merrick Wilson a?I. + 3,. E I i i i i I i I Exhibit 3 March 14, 2005 SENT VIA FAX & POSTAL MAIL (609) 737-6402 Merrick Wilson 2 Madison Ave Pennington, NJ 08534 RE: Quality Builders vs. Presdiential Hill, LTC and Merrick Wilson Docket No. 04-5140 Docket No. 04-5139 Dear Mr. Wilson: 1 am writing in reply to your letter of March 11, 2005, received by this office on March 14, 2005. The Depositions will take place at our office in Worlnleysburg, Pennsylvania. Your invitation to take Depositions at your office in New Jersey is declined. Cm7ently, the Notices of Depositions identify a Deposition date of March 30, 2005. You do not identify if you are unavailable on this date and therefore I would request your confirmation of attendance as required by the Notices of Depositions. I realize that you are not represented in the above two matters but were previously represented in other cases and I am sure the attorney instructed you on the requirements of attending Noticed Depositions. Sincerely, John A Gill, Esquire eneral Counsel JAG:rss -> North Second Sneci. "'Vol mleva?u?e- F9 1-;04 Ph 77i?_ -57=' - 1 s. /17sti mwv. Exhibit 4 ?]har cam MAR=14-05 04.23 PH PRESIDENTIAL T. i? jl y II i; f? 11 r!yy- L( ;i l ?j jl ,s f } I? 4 I' I! r ! I i John Gill, General Co sel Quality Builders W ty Corp. 325 North Second Str et Wormleysburg, PA 1 ;043 Merrick Wilson 2 Madison Ave. Pennington, N.J. 08534 609-737-2323 March 14, 2005 6097376402 ' Re: Quality Build O vs. Presidential Hill LLC and Merrick Wilson Docket No. 04 5140; Docket No. 04-5139 Dear Mr. Gill: Pursuant to yo letter of March 14,2005, 1 am not available to take a Deposition on March 30, 2005. I you wish to take my deposition, it will be done in my office in Pennington, N.J., not n your office. According to my understanding of the law, there is no requirement that a eposition be taken in your office. In my letter o March 11, 2005,1 offered you two dates for the deposition: April Mh , 1 •vnth nn - n nn ((YY- nAI.?• ?..., D,H+.n 3.J.. I0 All4 t1?[Il 17 , [.V ) dl ! V.VV (illl, tit ill}I V111V+? Ll1 v Pldvlol?ll Clvvy i rvu uu?,t n '1 N , Respectfully, Merrick Wilso?t P.01 I i i A Exhibit 5 ^, ,?, _?? = .? - ; ,-,, .. . , ` ? ? ,e ?,?, ' ?u QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff vs. PRESIDENTIAL HILL, LLC and MERRICK WILSON a/k/a Rick Wilson Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DOCKET # 04-5139 CIVIL ACTION - LAW PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS AND NOW THIS /G 1?4 day of March, 2005, comes the Plaintiff, Quality Builders Warranty Corporation, by and through its Attorney, John A. Gill, Esquire, file the within Motion to Compel Discovery and for Sanctions. 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. Defendant, Presidential Hill, LLC is a New Jersey Corporation with its principal place of business located at 2 Madison Avenue, Pennington, NJ 08534. 4. On October 29, 2004, QBW filed the within Complaint as a result of Defendant's Appeal from a Judgement of District Justice Thomas A. Placey and Defendant's Praecipe to enter a rule to file a Complaint upon Plaintiff. 5. On November 17, 2004, QBW received Defendants' pro-say answer. 6. On March 1, 2005, QBW forwarded Defendants, Merrick Wilson aka Rick Wilson, a letter requesting that he provide dates of availability for a Deposition. A true and correct copy is of said letter is attached hereto, incorporated herein, and marked as Exhibit 1. 7. Having not heard from Defendant as requested, On March 9, 2005, QBW forwarded Defendant a Notice of Deposition and cover letter and scheduling Merrick Wilson's Deposition for March 30, 2005. A true and correct copy of said letter and Notice of Deposition is attached hereto, incorporated herein and marked as Exhibit 2. 8. QBW received a letter from Defendant on March 14, 2005, indicating that he was available for Deposition on April 18 or April 19, 2005, at his office in New Jersey. A true and correct copy of said letter is attached hereto, incorporated herein and marked as Exhibit 3. 9. QBW forwarded a letter to Defendant on March 14, 2005, indicating that the Depositions would take place at QBW's office in Cumberland County and that the invitation to take the Depositions in New Jersey was declined. A true and correct copy of said letter is attached hereto, incorporated herein and marked as Exhibit 4. 10. On March 14, 2005, QBW received a letter from Defendant indicating that Defendant was unwilling to appear for a Deposition unless it was at his office in the state of New Jersey. A true and correct copy of said letter is attached hereto, incorporated herein and marked as Exhibit 5. 11. Based on the correspondence, it is quite apparent that Defendant, Merrick Wilson, aka Rick Wilson will not appear on the date noticed for his Deposition. QBW requests an Order Compelling the attendance of Merrick Wilson at a Deposition on March 30, 2005, or such other time directed by the Court, at the noticed location as well as an Award of Sanctions, including attorney's fees in having to file the within Motion. 12. In a prior Action involving a different dispute in which Defendants were represented by Counsel, Defendant Merrick Wilson has failed to cooperate in Discovery necessitating a Motion to Compel as well (CCP Cumberland 03-2442). WHEREFORE, QBW requests that Defendant, Merrick Wilson, aka Rick Wilson, be compelled to attend a Deposition on March 30, 2005 as noticed or at such time directed by the Court, said Deposition being held at QBW's office and further that Defendant be required to pay QBW's counsel fees for the cost incurred in filing the within Motion, said amount to be supported upon an Affidavit at the conclusion of the case. 3z /G -05 DATE By OH A. GILL, ESQUIRE At omey 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 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 16th day of March 2005, and to the address listed below: Rick Wilson 1332 Moon Drive Yardley, Pa 19067 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 Rhon a Shaffer, Secretary March I. 2005 SENT VIA POSTAL MAIL Rick Wilson 1332 Moon Drive Yardley, PA 19067 RE: Quality Builders Warranty Corporation vs. Presidential Idill, LLC and Merrick Wilson aka Rick Wilson Docket # 04-5140 Docket # 04-5139 Dear Mr. Wilson: 1 am writing concerning the above two suits involving the Shatynski residence and the Filepas residence. As you know, both actions are currently pending for reimbursement for cost and expenses associated with resolution of the Complaints. The amount asked for in the Complaint is 57,725 plus attorney's fees. I am extending this offer to you to resolve these cases now so that we do not have to go down the same path as we did in the other suits, which resulted in substantial increased costs for everyone involved. At this time 1 am requesting that you forward a check in the sum of 53,500 to resolve both of the above cases. Upon receipt of your check, the suits will be dismissed. If you do not accept this offer, please contact the undersigned so that we may schedule your deposition at our office. The purpose of the deposition is to engage in discovery so we can proceed to hearing on both of the cases. In any event, please forward a check or dates of availability within 5 business days so that this matter can so forward Sincerely, of . Gill, Esquire General Counsel J AG:rss Exhibit I March 9, 2005 SENT VIA POSTAL. MAIL Rick Wilson 1332 Moon Drive Yardley, PA 19067 RE: Quality Builders Warranty Corporation vs. Presidential Hill, LLC and Merrick Wilson aka Rick Wilson Docket 404-5140 Docket #04-5139 Dear Mr. Wilson: I am writing in follow up to my letter of March 1, 2005 to which I have not had a reply. Accordingly, 1 am enclosing a Notice of Deposition for you to appear at our offices for a Deposition in connection with the above two cases on Wednesday, March 30, 2005, at 1030 am and 11:30 am. As you know, I previously requested dates of availability to which I was not extended the courtesy of a reply. In the past, you have waited shortly before the deposition to inform people that you were unavailable on that date. If for some reason March 30, 2005, is not a convenience date, telephone me immediately otherwise we will expect you to be present as, "noticed." Sincerely, Jo A. Gill, Esquire General Counsel JAG:rss Enclosure No, th Second S[ree i Worm1"'! i _r4i704 ph: 717.7; tai ?i/4 Exhibit 2' QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff vs. PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RCK WILSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DOCKET # 04-5139 CIVIL ACTION - LAW NOTICE OF ORAL. DEPOSITION TO: Defendant, Merrick Wilsons, aka Rick Wilson 1332 Moon Drive Yardley, PA 19067 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 4007.1. 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, March 30, 2005, at 10:30 a.m. The above-named is requested to appear at the aforementioned time and place and submit to examination under oath. Respectfully submitted, I A. GILL, ESQUIRE Attorney for Quality Builders Warranty Corporation 325 North Second Street DATE: 3 _?7 US Wormleysburg, PA 17043 Attoney I.D. # 41532 QUALITY BUILDERS WARRANTY CORPORATION, plaintiff vs. PRESIDENTIAL HILL, LLC and MERRICK WILSON a/k/a Rick Wilson Defendants T mAR 2 1200 IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY PENNSYL? ANIA DOCKET # 04-5139 CIVIL ACTION - LAW ORDER OF COURT AND NOW THIS j ? day of March, 2005, upon Motion to Compel Discovery and for Sanctions, a Rule is hereby issued Merrick Wilson, aka Rick Wilson, to show cause why the relief requested granted. RULE RETURNABLE within 2?O days from the date of this order. BY THE COURT J of Plaintiff's Defendant, not be ?1 CJ L?- tfY _ c"I y Quality Builders WARRANTY CORPORATION Plaintiff VS. PRESIDENTIAL HILL, LLC and MERRICK WILSON a/k/a Rick Wilson Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL\ DOCKET #04-5139 CIVIL ACTION - LAW DEFENDANTS' RESPONSE TO DENY MOTION TO COMPEL AND DENY MOTION FOR SANCTIONS 1. Defendant Merrick Wilson, is the principal member of Presidential Hill LLC a New Jersey Corporation with its only place of business located at 2 Madison Ave., Pe ingto: New Jersey. 2. Quality Builders Warranty Corporation provides home buyers warranty insur cc to home builders in the State of New Jersey. 3. Quality Builders Warranty Corporation sole relationship with Presidential Hill LLC and Merrick Wilson involves homes built by Presidential Hill LLC in the State o New Jersey. 4. Quality Builders Warranty Corporation sent two letters dated May 28, 2004 a 15, 2004 to Presidential Hill LLC stating that Presidential Hill LLC had fulfilled obligations under the Warranty regarding Mr. and Mrs. Filepas, residing at 8 Jef Place, Pennington, New Jersey. The June 15 letter specifically states that the on amount due QBW is $290.00; yet QBW has instituted suit for $2,500 in attorney and cost of collection. The only attorney ever utilized by QBW is John Gill, wh time employee of QBW. QBW has chosen to have Mr. Gill as an administrator warranty claim. No other attorney has been involved in this warranty claim, and attorney's fees have been incurred by QBW. No legal action was ever taken in r this warranty claim, other than this attempt to sue for legal fees. 5. Quality Builders Warranty Corporation sent a letter dated September 28, 200 and Mrs. Shatynski residing at 2 Roosevelt Ave., Pennington, New Jersey, statin, warranty had been completed satisfactorily; had been inspected and approved, ar the file was closed. QBW has chosen to have Mr. Gill as an administrator for the warranty claim. Mr. Gill is a fulltime employee of QBW. No outside attorney w for this claim, and no legal fees have been incurred by QBW. Yet QBW has inst this suit for $4500 in attorney's fees. No legal action was ever taken in regards t warranty claim, other than this attempt to sue for legal fees. QBW did not utilize arbitration company to arbitrate this claim. Yet QBW has instituted suit for $72' d June is arson I s fees is a full >r the io gards to to Mr. that all i that is used tuted this an in arbitration/defectinspection fees. 6. Quality Builders Warranty Corporation has instituted this suit to allegedly administrative costs relative to the satisfactory Warranty work performed by Hill LLC. 7. On March 1, 2005 QBW sent a letter demanding a deposition of Merrick R QBW's office in Wormleysburg, PA.. This was the first time QBW contacted regarding any discovery whatsoever in this suit. for at 8. On March 9, 2005, QBW demanded that a deposition of Wilson take place atfheir office on March 30, 2005, without any consideration whatsoever whether this da , time or place was acceptable. 9. On March 14, 2005, Wilson wrote to QBW stating that March 30, 2005 was unacceptable, and offered two alternative dates of April 18 and 19, 2005 at 10:00 A.M. at the offices of Presidential Hill LLC in Pennington, New Jersey. 10. QBW has arrogantly made a Motion before this Court compelling Depositic March 30, 2005 at QBW's office in Wormleysburg, PA. There is no basis for gi this Motion. QBW has been offered alternative dates by Wilson. This is the fir: for any deposition. QBW has not asked for any prior discovery, written or oral. entire suit solely relates to purported legal fees for property and home Warranty performed in Pennington, New Jersey. QBW has chosen to solicit insurance bw New Jersey for New Jersey property. QBW should be compelled to take deposit New Jersey property and business written in New Jersey in New Jersey. All of t records related to the property which are the subject to this suit are at the offices Presidential Hill LLC at 2 Madison Ave., Pennington, New Jersey. QBW shoul compelled to take any depositions related to this suit at the offices of Presidentiz LLC in Pennington, New Jersey. 11. John A. Gill has held himself out to be a full time employee of Quality Buili Warranty Corporation during all communications with Merrick Wilson and emp Presidential Hill LLC over the past three years. Telephone calls to John A. Gill directed to the telephone number of QBW. The address of John Gill is the same as QBW. It is the belief of Merrick Wilson and Presidential Hill employees that Gill is not in private law practice separate and apart from his position as an emp] Quality Builders Warranty Corporation. John A. Gill's request for attorney's fef to be an attempt to disguise his position as a full time employee of Quality Build Warranty Corporation, and delude this Court into believing that Quality Builder: Warranty Corporation has incurred attorney's fees from an unrelated attorney. E is a letter dated December 12, 2003 from John Gill, on the letterhead of Quality Warranty Corporation, under the QBW administrative title of General Counsel. Defendants urge the Court to deny the request for sanctions and attorney's fees. .on nting request This cork ness in 3n for e f be Hill ers )vees of ohn A. yee of appear 11. Mr. Gill's allegation that Defendant Merrick Wilson failed to cooperate in Discovery in another case is untrue. In this other case, Mr. Gill used the same arrogant tactics of demanding a deposition on the day before Thanksgiving without any prior communication with the Defendant's attorney, Craig Diehl. Mr. Gill has a habit of ignoring the courtesies of common law practice, and using this Court to make unreasonable demands. Enclosed are letters from Craig Diehl, attorney for Presid ntial Hill LLC and Merrick Wilson, dated November 18 and 19, 2004, detailing Mr. G 11's past irresponsible behavior in demanding depositions dates and times without consult g the other parties. WHEREFORE, Defendants request that QBW's Motion be denied and that QB be compelled to take any Depositions requested in New Jersey at the offices of Presi en Hill LLC at 2 Madison Ave., Pennington, New Jersey on April 18 or 19, 2005 at 0:( A.M. or arrange for a time acceptable to both parties. 31" 0-- Date h Merrick Wilson, Pro Se CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true copy of the Defendant's Response to De ay Motion to Compel Discovery and Deny Motion for Sanctions has been duly sere upon the following parties of record by depositing the same in the United States mail, ostage prepaid, in Pennington, New Jersey on this 25`h day of March 2005, and to the ad ress listed below: Quality Builders Warranty Corporation 325 North Second Street Wormleysburg, Pennsylvania 17043 Merrick Wilson QU ?LITY BUILDERS - A -ACN Y C 0 R P 0 R A T 1 0 N 325 N. Second Street, Mav 28.2004 Gordon Fiienas 8 Jefferson Place Pennington. NJ 08534 RE: Enrollment 4325687 Effective Date: 03-07-02 eysdurg, PA 17043 one: 1,17 737-2522 Fax: 717 737-4288 Dear Mr. Filenas: I am writing in follow up to your conversation on May 7, 2004, with Mr- John Gill from our office. It is my understanding that ail warranty issues have been resolved- If I am mistaken please advise me within 10 days. otherwise I will be closing our file this matter Sincerely, Brent B. Durham Construction Standards Manager BBD:rss cc: Presidential Hill, LLC Rick Wilson AL TS 8III_CER5 VRP9MT'A ;FAX'I - l - - ?T 9 1'39 I 11:_N111'_ QUA-LITY BUILDERS W -k Y C O R P 0 R A i ; 0 N II 3<S N. Second Street Wormlekspurg, PA 17043 relepho c: il7737-7-M x: 717 7V-4268 unt: 15 7-004 SENT VLF. FAX (6W 737-64112 Rick Vilson Pruidcrldal i4iIl " C 2 Madison Avenue Pennington, NJ 08534 RE: ]3nrollmcntik325687 F_fr-ectivc LOatc: 03-07-432 Corder l:ilepas, 8 Jefferson Place, Pennington, NJ 085534 :.car IC cL: On lune 10, 2004, our office was in contact with the above homcowncr_ He indict in the conversation that till warranty work has been completed. As of this time, the my issues involved is an outstanding 4200.00 inspect on fee of wh ch we never rctc vcd payment and a District Justirx fling fcc of $92.00. Once we rcecive pavmCnt of ese [wo Ft=S, we will in turn close our ft ie regarding this home. Thank you in advance for you anticipated ccopcratiorL Siaccr y. Breac B. Durham Cons-traction Standards Manager $SD:rss 11PR-28-2003 0748 QUALITY BUILDERS WARRANTY 717 737 428 P.02i02 T TZ` ;. r ` L C O R P 0 R A T l O +V 325 N. Second 5treet Worm) isburg, PA 17043 April 28, 2003 eieph e:717737-2522 a: 717 737-4288 W. Ted Shatynski 2 Roosevelt Avenue Pennington, N7 08534 RE: Enrollment 4 -132685 Effective Date: 06/21102 Dear Mr. Sharyaski: I am writing in follow up to the letter I forwarded to you dared February 25, 2003. It letter I asked for you w forward a listing of any outstanding warranty items that Your builder had not addressed. To date, I have never received such a listing and if I do nc receive one from you within the nett ten (10) days, I will assume that your builder ht completed their repair work at your home and we will proceed to close our files in th matter. Very truly yours, _rAIr Chad C. Harvey Complaint Administrator CCH:dgs CC: Kathy, Presidential Hill, LLC Fax: (609) 737-6402 MTAL P.02 APR-28--2003 07:48 4URLITY BUILDERS WARRANTY 717 737 42% .01/92 QUALITY BUILDERS WARRANTY CORPORATION 325 N. 2ND STREET WOAMLEYSSUAG, PA 17043 717-737-2522 FAX 717-737-4258 FACSIMILE TRANSMITTAL SHEET TP. 1cATHY From: CHAP HARvsY COMPANY: PRESmRNTIAL HILL I= DATE: 4/20/93 PAX NAWML• (9W)737 M TOTAL NO. OF PAGES INCLUDING COYEEa 2 PHONE NUMBER: SENDER'S REFERENCE NUMBER: B$: ENROLI.MENT1/33"" YOUR REFERENCE NUMBER: O URGITIT ? POR REVI.6W O PLEASE comxuNT O PLEASE REPLY ? PLRARH RECYc NOTES/COMWENTS, a SEP-c"8-2004(TUE) 16:19 QUALITY BUILDERS WARRANTS (FAX)717 137 9189 QUALITY BUILDERS WARRA C 0 R P 0 R A T 1 0 N 325 NL Second SrM% September 28, 2004 Ted Shatyng 2 Roposevelt Ave pennington, NJ 08534 RE: P-m-olimcnt # 332585 Eil'ectivc Date: 06-21-02 Dear Mr_ Shacynsi i P. 002:002 Ourg, PA 17043 e: 717 737-2522 nc: 717 737.4288 On September 27, 2004, John Gill and,T from Quality.Buildcts Warranty Corporation were is attendance for as inspection of the plumbing vcat to the first floor shows. inspector; Mr_ Victor Rose, indicated the shower drain lira is now vested properly. yo indicated is our conversation prior to the inspection, that flxeveating issue was the on remaining item from the wbitrstioa award. Bascd on the results of the inspection and ur conversation. I will proceed to close our Mc in this matter.: Sincerely, Beat Durham Construction Standards Managcr BD:rss Or, Rick Wilson SENT VIA FAX Prrsidcatisl I•Ell, LLC K= Butko DCA - SENT VIA FAX I Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 1701 1-4436 Telephone (717) 763-7613 Fax (717) 763-8293 Craig A. Diehl, Esquire, CPA Shelly J. Kunkel, Esquire November 18, 2004 John A. Gill, Esquire Quality Builders Warranty Corporation 325 North 2nd Street Wormleysburg, PA. 17043 Dear John: In Spring G 119 West i Spring Grc Telephone: Please be advised that I have a schedule conflict with the November 24, 2004 dep< Considering that it is the day before Thanksgiving and it is a common professional contact opposing counsel to confirm each parry's schedule prior to scheduling a depositi request that you contact my receptionist to confirm mutually convenient dates to have tht of Mr. Wilson. Sincerely, (-".To Craig A. Diehl, Esquire, CPA CAD:her cc: Merrick Wilson @TV Pennsylvania lover Street , PA 17362 '17)225-1929 ;ourtesy to Dn, I would deposition Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 17011-4436 Telephone (717) 763-7613 Fax(717)763-8293 Craig A. Diehl, Esquire, CPA Shelly J. Kunkel. Esquire November 19, 2004 John A. Gill, Esquire Quality Builders Warranty Corporation 325 North 2"n Street Wormleysburg, PA 17043 In Spring 119 West 1- Springg Gro Telephone: RE: Merrick Wilson Dear John: I am nothing but appalled by your position and the inaccuracies set forth in yot 19, 2004 letter. Let's set the record straight. There is one written request by you date 12, 2004, received in my office on Monday, November 15, 2004, that I personally read November 16, 2004, requesting dates for a deposition. The very first day that I even to read your letter, you are already, on November 16, 2004, selecting a deposition da November 17, 2004, I receive your November 16, 2004 letter with a Notice of Deposi 24 hours, I informed you that this date was unsuitable for my schedule. Your letter st numerous occasions, in writing, you requested from me deposition dates that I did not outright lie. If you are trying, as I believe you are, to combine the Presidential Hills pro, the Merrick Wilson proceeding, then you are also out of line. I specifically informed y only retained to represent Presidential Hills in an attempt to open/strike the judgment. F when you requested that I obtain deposition dates on the Presidential Hills matter, I cle that I am no longer involved in this matter and you may contact Mr. Wilson directly. I I guess you believe that I can successfully reach Mr. Wilson every time I call him. Ul that is not the way it is. Sometimes it takes a day or two to hear back from him. U Pennsylvania Dver Street PA 17362 7)225-1929 November November n Tuesday, td a chance . Then, on )n. Within ing that on ply to is an eding with x that I was told you John A. Gill, Esquire November 19, 2004 Page Two In closing, as discussed, I am not available on November 24, 2004. Since t notice is captioned under the Merrick Wilson proceeding, he is entitled to have couns the deposition. Thus, if you wish to resolve this amicably, please contact my reception a mutually convenient time. Otherwise, kindly send me all these written reque supposedly sent me on the Merrick Wilson proceeding and I will re-evaluate this phone calls and correspondence, to the best of my knowledge, have always been time to. I suggest that maybe you re-examine this so that it can be resolved in a reasonable first date that Mr. Wilson and I are available is Thursday, December 2, 2004 in the a: Wilson is out of town from December 7 through December 19, 2004. Sincerely, Craig A. Diehl, Esquire, CPA deposition with him at to schedule s you have rtter. Your responded anner. The moon. Mr. CAD:her rrr r v + { t,-15--G?J 14; 12 UUM-1 I Y YAJIllltKS iJHtQiHN 17 t _ QUALInt Y BUILDERS VL' ARR C 0 R P 0 R A T 1 0 N 325 N. Second Street rmleysburg, PA 17043 t0 e: 717 737-2522 fax: 717 737.4288 December 1.2. 2003 SENT VIA FAX (609) 737-6402 Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 332685 Effective date: 06-21-02 Mr. Ted SlWynski, 2 Roosevelt Avenue, Pennington, NJ 08534 Dear Mr. Wilson: ABer our telephone conversation on December 12, I spoke to Mr. S ' vho did confirm that work has been performed at his residence. At this point in ' 4req he' aid that the additional items have not been scheduled for repair and I wOt you or your office contac t Mr. Shatynski and inform him when the r w1H be concluded I know that you and Mr. Shatyuski were correspondates of access and it is my understandng that you agreed to have repon those dates Sincerely, Grill, Esquire General Counsel JAG: jlt TOTPL p.02 • LEC-15-2003 14:12 QUALITY BUILDERS WARRANTY 717 737 42881 P.01/0Z QUALITY BUILDERS WARRANTY CORPORATION 325 N. 2ND STREET WORMLEYSBURG, PA 17043 717-737.2522 FAX 717-737-4288 FACSIMILE TRANSMITTAL SHEET I TO: MOM: Ma Rick Wilson John A. Gill, Esquim Genew counsel COMPANY. DATE: PDesidwtial HI'D, LLC 12/12/2003 FAY NUMBER: TOTAL NO. OF PAORB INCLUDING COVER= (609) 737-64M 2 PNONB NUMB6L• m4DBR•8 REPBEENCE NUMBER; RB: YOUR "FRRENCB NUMBER: Fjitogwtw # 332685 Ma Ted Sha"Id 2 Roosevelt Avenue Pennington, NJ 08534 ? URGENT ? FOR REV1RV ? PLEASE COMMENT ? PLEASE REPLY ? PLRAS4 RECYCLE *m'rrs/CCtNNeN11: - _, ? < , , ??? -? ;. ,; . QUALITY BUILDERS WARRANTY CORPORATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 04-5139 CIVIL TERM PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON Defendents PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE AND NOW, this j,3 day of April, 2005, comes the Plaintiff, Quality Builders Warranty Corporation by and through its attorney, John A. Gill, Esquire and files the within Petition to Make Rule Absolute and avers in support hereof the following: 1. On March 18, 2005, Plaintiff filed a Motion to Compel Discovery and for Sanctions based on Defendant, Merrick Wilson's, aka Rick Wilson, (Wilson), refusal to attend a Deposition at Plaintiffs office. 2. In connection with said Motion on March 24, 2005, the Honorable J. Wesley Oler, Jr. issued a Rule upon Defendant Wilson to show cause why the relief requested should not be granted. 3. On April 6, 2005, Plaintiff received Wilson's pro-se reply, which confirms the fact that Defendant Wilson refuses to appear at Plaintiffs office in Pennsylvania for a Deposition. 4. There's no reasons set forth in Wilson's Reply as to why the Deposition should not go forward at Plaintiffs office. 5. Wilson is, in fact, a Pennsylvania resident and a Notice of Deposition designating a date was sent to him after he failed to contact Plaintiff's attorney to coordinate a mutually convenience time for a Deposition. WHEREFORE, there being no reason for further delay, Plaintiff requests an Order directing Defendant Merrick Wilson, aka Rick Wilson, to appear at Plaintiffs office within the next 30 business days, during normal week day business hours at a date mutually convenience to the parties and that further, Merrick Wilson, aka Rick Wilson, be required to pay QBW counsel fees for costs incurred in filing its original Motion, said amount to be supported upon Affidavit at the conclusion of the case. By lQtN GILL, ESQUIRE Attorney 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 Plaintiffs Petition to Make Rule Absolute, 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 13th day of April 2005, and to the address listed below: Rick Wilson 1332 Moon Drive Yardley, Pa 19067 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 ca '=? o ?? -Cl T° .? -,- -., rii _ si ? -:, rn „?r?, ' r b ' ??i? ^?J rSt ?, ? :.< QUALITY BUILDERS IN THE COURT OF COMMON PLEAS OF WARRANTY CORPORATION, CUMBERLAND COUNTY PENNSYLVANIA Plaintiff DOCKET # 04-5139 VS. PRESIDENTIAL HILL, LLC and MERRICK WILSON a/k/a : CIVIL ACTION - LAW Rick Wilson Defendants ORDER OF COURT AND NOW THIS 7-0?, day of April, 2005, upon consideration of Plaintiff's Petition to Make Rule Absolute, it is: hereby Ordered that Defendant, Merrick Wilson, aka Rick Wilson appear at Plaintiff's office located at 325 North Second Street, Wormleysburg, PA , within the next 30 days for the purpose of a Discovery Deposition. Said Deposition to be taken during normal weekday business hours. F rae ?_ae£ n lan4 hA r r?4:?en mca-I?ioir?b iso?r'-«aneetea *_? PLgintiff e conc ase. Jotm A. Gill, Esquire >ttorney for Quality Builders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 Merrick Wilson ak9.f2ick Wilson pro se 1332 Moon Drive +V) Yardley, PA 19067 ?esidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 ;?' w0 BY THE COURT. r ?'s t .t^ t4;1 ?? ?'., ?,t, ?'( •Y.r ;r ?ti..? ??; t.C, ? C,.i.. ,?.. Quality Builders WARRANTY CORPORATION Plaintiff VS. PRESIDENTIAL HILL, LLC and MERRICK WILSON a/k/a Rick Wilson Defendants DOCKET #04-5139 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DEFENDANTS' RESPONSE TO DENY PETITION TO MAKE. RULE ABSOLUTE AND NOW, this 20w day April, 2005, comes the Defendant, Presidential Hill, LLC and Merrick Wilson and files the within Petition to Deny the Plaintiff s Petition to Make Rule Absolute and avers in support of the following: 1. Merrick Wilson, aka Rick Wilson, offered John A. Gill, in-house counsel of Quality Builders Warranty Corporation, several alternate dates for taking the deposition, namely April 18 and 19, 2005, at the business location of Presidential Hill LLC in Pennington, New Jersey. Merrick Wilson did not refuse to have a deposition taken, as falsely represented by Quality Builders' in-house counsel, John Gill. 2. Presidential Hill LLC has never operated any business in Pennsylvania, and its sole address and business operations are in Pennington, New Jersey. All of the business records of Presidential Hill LLC are located in Pennington, New Jersey. 3. Presidential Hill LLC stated in its previous Motion to Deny the Petition of Quality Builders that there is no basis for taking the deposition at the offices of Quality Builders Warranty Corporation, in Wormleysburg, Pennsylvania, since all of the business records of Presidential Hill LLC are located in Pennington, New Jersey; at the exact same location as the two houses covered by Quality Builders Warranty Corporation, which are the subject of this lawsuit. Mr. Gill falsely stated in his Petition that there is no reason why the Deposition should not go forward at Plaintiffs office. In fact, there is no basis or reason for taking the deposition at Plaintiffs office. There is substantially good reason why the deposition should be taken at the location of the Defendant Presidential Hill LLC in New Jersey, where the houses were built, the warranties were affected, and all of the business between the parties was transacted. Mr. Gill has traveled to the homes which are the subject of this law suit in Pennington, New Jersey on numerous occasions. 4. Quality Builders Warranty Corporation sole relationship with Presidential Hill LLC and Merrick Wilson involves homes built by Presidential Hill LLC in the State of New Jersey. Quality Builders Warranty Corporation chooses to solicit and operate a business with New Jersey builders, and yet, Quality Builders petitions this court to take depositions at the convenience of Quality Builders Warranty Corporation at its home office in Wormleysburg, Pennsylvania, two hours' distance from New Jersey. 5. Merrick Wilson's sole relationship to Quality Builders is as a guarantor of Presidential Hill LLC. Merrick Wilson is a corporate officer of Presidential Hill LLC, and has no personal business relationship with Quality Builders, other than as a guarantor of Presidential Hill LLC. 6. Wilson resides in Bucks County, Yardley, Pennsylvania, immediately adjacent to New Jersey, and fifteen minutes distance from the offices Presidential Hill LLC in Pennington, New Jersey. Mr. Gill falsely states that Plaintiff s in-house counsel tried to coordinate a mutually convenient time for a Deposition. In fact, Mr. Gill made no attempt whatsoever to call Mr. Wilson to arrange for a convenient time for a Deposition. Mr. Gill demanded that the Deposition be taken at his office on March 31, 2005. 7. The rules of court state that the Defendant shall be required to appear for a Deposition. The rules of court do not state that the Deposition is required to be taken at the Plaintiffs place of business. 8. QBW's demand for counsel fees for filing its original Motion is unwarranted. Mr. Gill is a full time employee of QBW, therefore QBW has not incurred any outside counsel fees. This Motion and Petition is frivolous and caused by QBW's own arrogance and refusal to arrange for a mutually convenient time for a Deposition. WHEREFORE, Defendants request that QBW's Petition be denied and that QBW be compelled to take any Depositions requested in New Jersey at the offices of Presidential Hill LLC at 2 Madison Ave., Pennington, New Jersey at a time mutually convenient for both parties. w va ? u?? ??v~-J Date Merrick Wilson, Pro Se CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true copy of the Defendant's Petition to Deny Plaintiff's Petition to Make Rule Absolute has been duly served upon the following parties of record by depositing the same in the United States mail, postage prepaid, in Pennington, New Jersey on this 20`h day of April, 2005, and to the address listed below: Quality Builders Warranty Corporation 325 North Second Street Wormleysburg, Pennsylvania 17043 Merrick Wilson r? 1: 1j1- ? .i .. ' ?.' Curtis R. Long Prothonotary office of the Protbonotarp 11 Renee K. Simpson Cumberzanb Countp Deputy Prothonotary John E. Slike Solicitor n4j- S13? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - FnY (717N ')An 4t7')