HomeMy WebLinkAbout04-5140
COMMONWEALTH OF PENNSYLVANIA
COURT Of COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
/0/1,,-/0'(
COMMON 'LEAS No. 0 '1- ~-I 'f 0 (I..u.zr I.u--.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeol from the judgment rendered by the District Justice on thE
date and in the case mentioned belaw.
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ADOftESS Of APPELLANT my STATE
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This block will be signed ONLY when this notation is required under Po. R.CP.J. . No.
10088.
This Notice of Appeal. when received by the District Justice, will operate as 0
SUPERSEDEAS to the judgment for possession in this case.
ZP COOE
OfSJ"I
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Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa. R.G.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20 I days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. RC.P.J.P No. 1001 (7) in action before District Justice.
IF NOT USED, detach from ccpy 01 notice of appeal to be served upon appellee).
PRAECIPE, To Prothonotory
Enter rule upon (j /J1lL-17',! Bv,.:bf!tJ, S' Wr,g,1.I!,Jry t!.ttt.f, . appellee(s), to file 0 comploint in this appeal
'f Name of appellee( S)
(Common Pleas No. () I.f - ~-I 'fO Ct.vi.J 77..---- I within twenty (20) days after s7J;~::M;;: entry of judgment of non pro~
~. Signature of appellant Of his attorney Of agent
RULE, To ~f)"j,IT'f J17.t..1>8.\' ~ ~pf,etlee(s).
Name 01 ~s)
(1) You are notified that a rule is hereby entered upon you to file 0 complaint in this appeal within twenty (20) days ofter the dote 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 8E ENTERED AGAINST YOU.
Date:
(3) The date of service of this rule if service was by mail is the date of mailing.
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AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH
Pt:NNSYtVAN1A
COUNlY OF
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NOTICE OF JUOGMENT/TRANSCRIPl
CIVIL CASE _
Pl,t.l.1NT1FF: NAME and ADDRESS ,
IoUALITY BUILDERS WARRANTY CORP.
325 N 2ND ST
WORMLEYSBURG, PA 17043
L ~
DEFENDANT: NAME and A009ESS
'PRESIDENTIAL HILL, LLC, ET AL.
2 MADISON AVE
PENNINGTON, NJ 08534
'~~~ONWEALTH OF PENNSYLVANIA
/"
::OUNTY OF: CUMBERLAND
\i\ag _ '.lis!. ~"o
09-3-04
J-J ,\lame -'GI1
THOMAS A. PLACEY
Aad"" 104 S. SPORTING HILL RD.
MECHANICS BURG , PA
VS.
''''p,,", (717) 761 :8230
17050
PRESIDENTIAL HILL, LLC
2 MADISON AVE
PENNINGTON, NJ 08534
,
L
CV-0000350-04
4/12/04
THIS IS TO NOTIFY YOU THAT:
Judgmentc '
[!J Judgment was antered for:
DEFAUI~ JUDGMFoNT PLTF
(Name) QflAr.T'l'V J:lUTT.!1RRl=: Wl\llRlI.N'l'V ('(')RP
,~
i.!J Judgment was entered against: (Name) PRF.STnF.JllTTAr. HTI,r., T.T,~
in the amount of $
(Date of Judgment)
1,441. 00 on:
Q/1.O/04
I: Defendants are Jointly and severally liable.
'---"
(Date & Time)
n Damages will be assessed on:
L--C
I Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
[J This case dismissed without prejudice.
:i Amount of Judgment Subject to
LJ Attachment/42 Pa.C.S. 98127 $ .
I~ Portion of Judgment for physicai
U damages arising out of residential
lease $
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total $
I
~
.
$ 3,350.00
$ 92.00
$ .00
$ .00
$ 3,442.00
I
$
$
------------
------------
AlfLRAllJX_H_AS THE. Rl9.tiT.l9 APPEA.LWLTt:!!!'Uo .Pi'Th_>\!'Tr:E.lltJ; .r:NIflY2E JUDGM~_:Un.fl\.LNG,ANQTICE
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 GaMMON 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.
q\'2.1 \04
,'-^,..,).',.....,..
.,~..~~~6>2,~f" J. ~'~;
:- , District Justice
~ .
Date
I certify that this is a tr~hC record of the r ~dingS containing, the judgment. ;
tj \1-\ \ Dt Date _ ~ ".' DiS~ict Just~ce
My commission expires first Monday of January, 2010 SEAL
AOPC 315.03
9/21/04
DATE PRINTED:
1:42:41 PM
_,,~COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag, QiSl ~o
1
,
,
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NOTICE OF JUDGMENTITRANSCRIPl
PLAINTIFF CIVIL C~~~,"dADDAESS
~UALITY BUILDERS WARRANTY CORP.
325 N 2ND ST
WORMLEYSBURG, PA 17043
L
DEFENDANT: NAME and ADDRESS
(PRESIDENTIAL HILL, LLC, ET AL.
2 MADISON AVE
PENNINGTON, NJ 08534
09-3-04
OJ 01am",: 0-11)(1
ACJOJ8SS
THOMAS A. PLACEY
104 S. SPORTING HILL
MECHANICSBURG, PA
VS.
RD.
""P"'" (717 I 761-8230
17050
PRESIDENTIAL HILL, LLC
2 MADISON AVE
PENNINGTON, NJ 08534
I
~
Docket No.: CV- 0000350 - 04
Date Filed: 4/12/04
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMRNT Pt.TF
IX: Judgment was entered for: (Name) QmIT, T 'I'Y J3TJTT .DRR R WJlRRJl7I1'1'V r.()R P
,~
r--1 Judgment was entered against: (Name)
~ WTI,SON, RTCK
In the amount of $
(Date of Judgment)
Q/20/04
1,442.00 on:
LJ Defendants are JOintly and severally liable.
i I Damages will be assessed on:
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
I
I Post Judgment Credits
Post Judgment Costs
[J This case dismissed Without preludice.
r-: Amount of Judgment Subject to
LJ Attachment/42 Pa.C.S. S 8127 $
,,--, Portion of Judgment for physical
LJ damages arising out of residenfial
lease $
Certified Judgment Total $
,
...J
~
I
.J
.
$ 3,350.001
$ 92.00
$ .00
$ .00
$ 3,442.00
$
$
------------
------------
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY 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,
q \ 1-\ \ C4 Date tl ~ "~~I~;crlc3~~11~
I certify that thiS is a true a ~y Gi thCQUlcJ uf the p/~gs contalnrn~'ihe Judgment
_ i \ :l..\ \ c.q Date : ,DiStrict Justice
My commiSSion expires first Monday of January. 010 SEAL"
AOPC 315.03
9/21/04
1:43:06 PM
DATE PRINTED:
--'
...,--_.- ......-.-..
PROOF OF SERVICE OF NOTICE OF APPEAL AND !RULE TO FilE COMPLAINT
(ThIS proof of service MUST BE FILED WITHIN TEN (10) nL\Y'~ AFTER filint;} t!Je notice ()( ADP01;J,!,
-
a.'pphcaNe' boxes)
COMMONWEALTH OF PENNSYLVANIA
----.
COUNTY. OF _~VUL<,
;11$
AFFIDAVIT: I hereby swear affirm that I served
'rt . (l'f-5/'f^
~ a copy of the Notice of Appea! C:omman Pleas ;No ,--.:;-:'~~_~_ upon the Dist:~(?t Ju~tice designated therein on
(date of service) ^^^J.J:L;14JDif- ~~__..^_.._. U by personal "or'RJ. ~!JY"Cer.tlfl_e?j)(regl~te'edl ma~,. slCfI.\l,er's
leceip: Hac d nGle:o. and upon Ine appelle, (name;.:.~)l!,~~i_._ ~i'I;:;f.r.. ...~.JM."iJr\!':'L.^':.~ on
-12_. I~ () _,0 by persona! sefvice~ by ~~1.!;~ (registered) mail, sender's receipt attached hereto
~ and further that! served the Ru!e to FHe a ChfH.n lamt o( Gorl1p,11'Y 119 the above Notice of Appeal \JOon the appelleeis) to whom
I".., , ...- ...
the RuJe was addressed on 1 C . c.... __ _ ~_ _ _~ by personal servlc {' ~ bj icertfflt',J)
f I ,
rylall, senders receipt attached hereto it
SWORN (AFFIHMED) AND SUBSCRIBED BEFORE ~.EI t; ,
;~~~A ~_jl/ "-. .._
SIgnature of affu:lnt
Signature 01 offw'a! betera who!"! athoPi/it was ifiArti?
Title official
My COmmiSSjO~~~Vit1eS on
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~o NOTlCf OF APPE'AL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
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".,/', -" /: '/
COMMON PLEAS No.
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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 mentianed below.
:;:
NAME Of APPELi.ANT
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AIlDR Of
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IF CODE
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SIGNATURE OF APPELLANT
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'DeIendan1J
\~I\I... WII.l.- W\,;
HIS ATTORNEY OR AGENT
atnli
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IN THE CASE OF (Plain/iff)
"
cv Do 00 35D - o~
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This black will be ~gned ONLY when tI1Is nato~an is required under Pc. R.C.PJ. . No.
lol)ll8: _ .1,'.,
This Notice of Appeal, when received by the District )ustice. will operate QS a
SUPERSEDEAS to the judgment far passes~an in this case.
. 1 1J4r-
If appellant was CLAIMANT (see Pa. R.G.P.JP. No.
1001 (6) in action before District Justice, he MUST
\ .
FILE A COMPLAINT within tvilenty (20) days after
filing his NOTICE of APPEAL.
\' '\.
Signature of Prothonotary or Deputy
(Th/& section of fotm /0 be used ONLY when aPPellant was DEFENDANT (see Pa. R.C.P.J.P. No.
IF NOT USED, detach from copy of notice of apPeal to be served uPon appellee).
PRAEe."I: ToProlhanatory
Enter rule upon Qj)~LI"Y 'ivn_'f,l- ~ ~,Jry ~tI{p,
Nep1e.of.~s)' .
(Common Pleas NQ. () i I - '.J / ''; u ('oc,o,J 7 fA ""~o
PRAtClPE JQ ENU.,ULE TO FILE COMPLAINT AND ,,,U TO FILE
1 001 (7) in action before District JUlitit;e.
,appellee(s). to file 0 complaint in this appeal
RULIEI To,---~IJ~L.I\'(
i\71t.1>~
Name OI~S)
) within I_y (20} days~' ~ "f .ule ~ suffer entry of judg_ of non pro,
-~/j/\Jll-
Signature of ~t 01 hJs anomer Of agent
~ ~elIee(s).
(II You ora 'n<>lified that p rule is hereby enle(ed U):>Or> you to file 0 c~t,in 'F ~ w.\'l'in twenty (~Q) dc:1ys CJfter the clole of
serviceofthi~wuponyou,bYper~~ic'(lf~!~or',"'Qi$~rhPil... ,.".
<>,1. .
(~l>>'~ clo toot file a COIl1PIaint within this time, 0 JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU.
,
cf(3} The dale of service of this rule if ....\lice was by mail is the c:lale of mailing.
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AOPC 3' 2-90
COURT FILE
-
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Coverage ProvIded)
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MELHANItSBtlR13, PA17050 '
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Postage I j; I}..j! i I)f I LU: liD.":''+
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D Rllstncted Delivery Fee Cler~ ~ r:QSNrjC
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M ~:)tal Postage & Fees $ I
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U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Milll Only; No Insurance Coverage Provided)
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postageL
Certified Fee i
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ID: 0834
CJ Return Receipt Fee 'I
c:J (Enojorsemant Required)
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Postmark
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Restricted Delivery Fee
(En.jorsement Required)
Clerk: KiJSN6C
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M T(ltal Postage & Fees $
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: F'~o~'='tflt______&JY)6M__m~~L_~.
~ .~~!~~~~~t~~~:'~1if____4______S~.__SJ_L______________________
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10/14/04
.'
,
QUALITY BUILDERS WARRANTY
CORPORATION,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
Plaintiff
: DOCKET NO. 04-5140
v.
: CIVIL ACTION - LAW
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON
Defendants
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 twen.ty (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 LA 'VYER 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, P A 17013
(717) 249-3166
QUALITY BUILDERS WARRANTY
CORPORATION,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
: DOCKET NO. 04-5140
v.
: CIVIL TERM.
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON
Defendents
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 ofbusim:ss 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 2 Roosevelt Avenue, 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 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 $725 in arbitration/defect inspection fees and an
additional $4,500 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 Ml~rrick Wilson, aka Rick Wilson,
jointly and severely in the sum of $5,225 plus attorney's fees and costs as authorized by the
Builder Agreement attached as Exhibit 1, and such other relief as the Court deems just.
BY~. ~~
JO A. GILL, ESQUIRE
ttornt:y ID # 41532
325 North Second Street
Worml,eysburg, PA 17043
1l7~" 7~D- ql<{q
Attoffit:y fur "Plaintiff
Quality Builders Warranty Corp.
EXHIBIT 1
- - - > - .
--- -- ----
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AGREEMENT made this -.1<1 day of
between QUALITY 6UlLDERS 'NARAANn' CORP
anc PJ.oi~I~A.L BlLL1 I.LC
SUI
"'0 C>-D
,.<-
TiO . a Pennsylvania corporation, herein referred to as "QEW,"
~ame 01 euiide" (inOJCaIB whotnsr e corpor.llion. P8nn!lrSl1io. ina:\llQJa1 0' 011>6r)
,01
Mare...
2 ~;~ Avent1e1 Pemringta:1, NJ 085.34
Slau:
herein referred 10 as "Builder."
lio
Si:CTlON A. MEMBERSHIP AND TERM:
1. caw administers a program whereby home builders regiscere<1 with QBW enrol; homt;$ they ;:;onstruct in 1I1e program and
purchasers of those nomes are prOl9Cted by a warranty against certain specified defects.
2. In order to develop and maintain a good reputation tor providing protection to purchasers of ','fell-built home!:. QBW protec:s
and p~cmotes its gooa-will by careful selection of builders 10 participare in its warranty program.
3. Builder deSIrl:5 to participate in CBWs warranty program and, 10 thi~! end. agrees to abide by tne provisions of thIS
Agree~ent and to conform its behavior to the standards expressed heroin and in the !..imitee Warranty Agreemerlt. Buiider
'{Iarrants 1nat ali informallon supplied to QBW in connection with its appticatfon Is true and correct
1\., All ~egistrQtion fees {initial and annuai rescreening) are S6t by aBW at its discretion and are non-refundaOI9.
5. QBW, upon eX9cuting thIS Agreement. has accepted Builder as a member ot its warranty program. suaject to lh~ Builder's
continuing performance of its obligation under this Agreement.
6. 8uildQ('s membership shall commence on the date of Execution oy Q8W and shall continue until terminated oy either party
in accordance with the terms of this agreement caw reserves the right to rescreen Builder annually. If CBW determines
that Builder does not meer its approval standards upon rescreening then <Jaw may terminate Builders membership and the
provisIons of Section 6. pa.ragraph 6. shall be in effect
SECTION B. HOME ENROLl.MENT:
1. Requirements. As part ot its participation in 08W's warranty program, subject to QBW's acceptance, Builder agrees to
enroll in the program every home. Suiloar. Builder's Principals. or any entily under Builder's, or BUILdsr's PrincipalS COmrr.on
comrof: conswcts in any state in whiCh asw operates and agr~ to pay all fee$ reql..lired by aaw in me enrollmem
Process. whid'l fees Shall be non-refimd-.abie.
2. Proced'ufes. Buil'd8r agrees 10 enroll its homes according to procedures established t:rr QSW. Buitcie, may enroil homes
currently unoer canstnll:ticn artC homes completed OUl not soid or. occupi~j (as of the <fate- of this Agreement or the ail9 0:
re:cceptance following a periOd of suspension: or non-oarticipatior.1} pravidE!O lhat enrollment is made within 45 days of exe-
cution at this Agreerrlent or reacceptance, and QBW has inspected and approved the home.
Homes which remain in a BUIlder's inventory longer :han 18 mOnlhs must be enrolled by the end of the 19th month
from construction start date to qualify for enrollmgnt The warranty will b~ issued to the Builder and trle unexpired portion of
lhe 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
dweilino such as but no! limited to d:Jp:exes. townhouses and condominiums.
F; each home Gnrolled, the Builoer shall pay a warranty fee as determined by QSW within the Lime periOds estab-
lished by a8W. All warranty fees are non-refundable. A minimum warranty Ie'! of $100.00 shall apply.
OSW will provide Builder with a copy of ltIe Limited Warranty Agreement and EnrollCl1Elnt form. Buildsr ana purchaser
must complete and sign tne Enrollment Form at closing, and Builder agrees to fumish caw with a copy of the signed
Enrollment form within ten ('0) days of closing. Builder agrees not to charge rhe purchaser dlredy for the cost of the enroll-
ment fee. A home wiil not be considered enroUed until caw reetives and approves the fully execuled and completed
Enrollment Form, payment of all fees, and an approved final inspection.
3. Reservation of Power of Review. aBW reserves the right to reject any home submi11ed for enrollment in the program if (a)
the Builder is not a member in good standing; {b} the home is nat constructed in accordance with the Warranty Standards
or building codes specified in the Umited Warranty Agreement; (c) the 8uildE.r did not obs&/Ve the enrollment procedures:
(d) misstates or misrepresents any information; (e) in any way tails 10 comply with the tenns of this Agreement.
~. Assignment of Rights. If a purchaser files a Complaint pursuant to the Limited Warranty Agreement which the Builder 1ails
to c:Qrrect, tnQ Builder hereby a.$$igns to QSW or its inSUrer. as the case may tIe, any rights whiCl'l Builder may have against
a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection With that
claim. Builder agree~ to cooperate fuily with OSW and to provide oaw with all information which it requests pertaining :c
:he claim. If Builder tails to so cooperate, Builder agrees to compensate and indemnify CBW for any damages sustained by
such lack of cooperation.
5. Breach and Remedy. If Builder fails to enroll any eligiole home as reQuired by this Agreement, asw may seek specific
enforceme'lt or other aporopriate relief in legal or equitacle proceeolngs. even if this Agreement has been terminated.
. Exhibit 1
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J'UN-l9-2aaa l5:03 QLJ.qUTY 8UILDERS WARRANTY - 717 737 42r:::1~ P 33/"'"
t-urtnermore. I;)UIIU~' !:I':JI tn:.=> ,\,I "'ua, III''', ..., 'w . .".... . '_'" ~___ __ - . rJJ
suffer as a result Of Buila~r's brnch ot this Agreement ar.d such losses and cOStS snail include tBasonable attorney's fees
and expert witne!s fees.
8uilder h~reby irrevocably authcriU8 and empowers any attomey or 3ny coun of rlcerti of Fennsyl\lania or eisewhere
to appear for and contess judgment aQainst Sullder lor all amounts for which Builder may become !lacle to caw lor :he
br.ach of thi.s Agreem&nt. as evidenced by an affld~vft sign!d by an officar of OSW settIng forth tt1lJ smounts It'lln dUB. plu~
attorney's fees incurred by C8W. with coats ot suit and re/esse of errors. Such authority snail not be ex/'lauafed by anyone
exercise ther&ot but judgment may be confessed as aforesaid 'rom time ~c time as otten as there is a d.fault.
AemltOies stated herein are .Iectlve and not exclusive and oaw mav el@c~ to procud uno!r tnls or any otfler para'
9l1\ph in ttlls Agreement.
B. Suspension or Termination. oaw may terminate, or !t its option. SUsp~nt1 8wlder'S pal1ici~atlon in QBW's Warranry
Program. Or MV entity Or indIvidual which BUilder Is aHlliatiCl. If QSW determines that Suilder has done any 01 the fOllOW-
Ing. which shaH be d~mQd a breach 01 thIs Agreement.
[a) ~3ila to comply fully with all proviSions ot this Agreement:
{bl falls to perform any at Its obligations una.r 1hls Agr8l!ment. inc!:Jding, but not limited to. COOOQratin~ in me operalion of
the proQram's Imonna' dispute resolution and arbitration proceOlJre:
(e) fails ~o rascond to OSW'.!1 notice of a homeowner's complaint:
(el) lalls to comply with a dectslon whlel'l IS rencGred pursuant to complaint procedure!:
(9) fails 10 provide adequate iloSSuranC9 to oaw within len (' 0) days after It receives a writt.n request trom CSW tor sucn
ll8!ural'\ee that (wIth,,, a I'9B!cnable t1melabl~ Qstaolished or approved ~y CaW) it is WIlling and abl. 10 cooperate In
alsputlt settlement and to perform the Obligations under any dec:slon which is randared pursuant to suet! procedures;
il) falls to otherwise cooperate In thg operatIon of the OBW Program in ac:cordance witn ~he rules and regulQtlOnS ot lJ'19
aew F'rograrn:
(g) fall.9 to provide timely proof or compliance with this Agreement. as and wnlSn requested. by C8W;
(n) lails to comply WIth oaw Warrant-j Standards and bUIlding codas as stated In tne Limited WarranTy Agreement:
(i) tails to comply with the enroll",ent procedures establiaheo by QSW;
(j) lails to provide proof that Qnrolled homell have been !uejecleo 10 reqUlra.d inspe~ion':
(x) fllil~ to reepond to purchaser complaints in a timely manner and as provided in the limited Warranrt Agreement;
(I) falls to pBrtorm Its obligations with professional compitince or condUCt its optratlons trom a positJon 01 finanCIal ~:ren~[h
and atabll\ty; .
(m) tails to notJfy aaw within SO days Of a cnange in ownership. company r;ame or com~any litandlng, tlnancial c~ndltlon.
or of any other mat. rial tact which mlg/'lt affect SUllder's ability to meet I~ oollgatlons under -:his Agreement
nl fails to meet ethical sta"dards in Its oealiJ'l~S wltn cuSiomirs: or
(0) misstalliG or mIsrepresents any information In connection with Ita appliclI.lion or in V'l. rescreening "rocess.
caw re.sel'Vt!a the option to relnatate terminated affiliates oj the primalry, t&rminatad Builder If CSW determmes :nal
the terminated Builder or its principalS are not In a po.sitlon to control the affiliated 8ullder.
Termination 01 Builder by OBw shaH not affect tn, right.! or obllgatJom! ot any of -the partIes to this A~reement 'Nllh
respect to th. WaTlanr:y Program in .itlteT at the dats of termlnatlon. subject '~O the proVisions pertaining to voidaolllty.
If a Builder is suspended or terminated. he shall not represent himselt tel be a member 01 the CSW Warranty Program
nor otter the OSW Warranty and shall not use its Logo or I'1ttr to the progra.rn 10 any way nor attempt to entoll any home.
The auilder shaH immedIately notify any Buyer currently under contract to purchau a home of th. suspension or telTnlna.
tlon and that the caw Warranty Program has been withdrawn. Upon rlQuest, Builder snail lmmediat.iy return to caw ad
rTIitsrlals supplf.d oy Caw and all material making reference to OSW. Should 6ullder tail to like theslJ steps, it shall indem-
nify and hold harmless OBW and the Insurer aliainBt any and In expenses Irrcurred and I~s suffered. inCludIng but nOt
Ilmitltd to attorney tees. by .ith~r of them as a reSult. In addition. Builder shall pay interest to oaw at the rate ot 18'0/0 per
annum on all $ums due to caw hereunder It such sums are not paId .....Ithin 30 days of demand by CBW.
Builcer may terminate tnfs Agre.ment uoon 30 days advance written nOlies to caw. It $0 terminated by BUilder or by
OBW, BUilder's obligations under this Agreement shall continue as to those /'!,omes enrolled during tM periOd in whicl1lhis
Agreement was In effect.
7. Notlcf!. It Q8W possesses a reasonable belief that reason exists to termlnale or luspend a BUlldir for VIolation of 1!'lis
Agreement, Q 8W may immedIately terminate or suspend the Builder by providing it with written notice. If CSW el~.s to !lJ$-
pend the 8ullder, such suspension will remain In etfQct until Builder hae curtd 01/1 datQcts to QBW's !3atisfaction. l'Iowever,
caw re..rv.s the nght to :erminata any $uSpended Builder.
a. Voidaclllty. aaw reseNes the right to void any enrollment if 8uilcar misstates or misrBpres~nts any Informalion in lis a~pli.
catIon or In the rescrttning Prccfss or mlsstate~ or misrepresents any informatIon In the enrollm9nt 01 a particular nome or
!alls 10 ~ay any le.a du~ 'Or enrollment of any partlcU/3r homa or fails to lorward an l!t'1rollment 'onn lor a particular holT'.!
within 10 days i1S reqUired. or talls to enroll all ur.ile of a multi unit builcing.
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SECTION C. BUrLOEi=l'S OBUGAT10NB:
,. Const11.JctlCln Obllgdions. Following art tne 8uilder's ooli~atlons with r6spec'~ to oaw's War7anty ?~ooram:
(2) SwIder ~hall cc"s:ruct an homes In conformity with the Warranl}t Standarcs provldeo in t/'le Limited Warranrv Arm'Am"nr
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m~tntB or other ml!!l'\S of prOleCtlOn with respect 10 any homes construc:t!d by BUlldGr whlcn Q8W determines 10 be
"High Rlsks.~ .
(b) Buildgr agrees to have all homes Inlipected. lIS requlred by CSW. and Ie pay &11 tees for the Inspection and to provide
evidence of InspectIon as and when rfClulred by Q8W. aew ~hall provide inspectors or shall approve gov9mm8r.til
InsPQctors.
:cl QaW shill MiiV9 t~e nght to pertorm scot Inspecllons to verrfy Builder's compliance wIth tl'M Agreement ana Bullaer
&Qrees to cooperilte. .
(d) The Builder agrees to Indltmnity and hold harmless caw and/or Its Imsurer tor any losses or damag.S asw and/or 115
Insurer may surfer as a result of the IJse 01 fire retardanr treatea plYWOOCI on any building enrolled und.r :I'le oew Ten
Year Warranty Program. This will include all claims and lIBoillty for 10sSe!l. d!mags6 ana .xp.nae9 which aaW andfar
its Insurer may sustain. incur, payor be liable for by muns 01 any invsBUgatlon s.eltlement or litIgation ot any claim or
ac:~:on whleh may be raised. made or brouQht due to the potflnual defects caused or Iik.iy to be caused by use oi :he
suoject plywood.
(e) If th. Builder Is intormed by OSW thaI it Is building In an arl. deslgnatld as one with active 8011 conoitions. the Builder
agree!! to obtain such soil! invesUgBtlons and "POltS as may bt reQuired by OBW. If ~ucn reports Indicat9 I! need for
speclal10undalion desIgn the Builder agrees to construe: the lounoation accordinc.;J to II'\! design at a reglsterBO proitS.
sional engineer ~o take intO account th. conditions alsClo!lIa oy the soil tests.
2. Warranty Obligations. Builder aorees to perform all oOligations ansmg frem tnis Agreement and th. t.imlted WarratllY
Agreament.
The BUilder shall at its own expllnse perlorm all obligations as set I()rth In the caw Warranty Pro~ram ana tI1i~
Agreement which includes meetln!;J lha warranty standards upon notice :.rom the PurChaser without the "lIcasslty of
QSW Intervention.
During years one and tlNo unciar th. caw Warranty ProQram, II the Buil(iGr tails or re/uses to oerlorm its obligations in
accordance with the Limit.d Warranty Agreement or this Agreemlnt, caw will pllr10rm ttl9 Build.,', Ol:lllgatlons. hQwevl~,
[he Sui/dlllr a;rtu to reimburse asw andlor Insurer for all expenses Ineurre<:i in per10rmlng thair obligations. including bu1
not limited to. cost of matenals. cost of collectIon. labor. archlted's 'S98. 9n~llnllln/'\g Ises and eounsel1ees. aBW Inolor
Iniurer reserve all riQht! of subrogatIon.
Ouring yea/'3 three through tin under the oew Warr'anry Program. caw will perlorm its obllgatlons wi1h respect to
major structural defects as set forth and defined in the limited Warranty Agrel9ment Without tl1e right at subrogation agaln:!t
the 8u(fder provided that thi de/ect. or sympToms of the subsequent occurl'tnce of ~l1e d"le:. fIrst arose attsr thl I:cpirCi-
tion of two years under the. QSW Warranty Pro;ram in .ffec: tor theit home. :lnd that 8uHd9r did "01 anampl to conceal or
cosmetically repair the d,tllCt or symptome 01 the subltClu.nt occurrence ot a detect and that tne detect does not Iln!8 from
8uil~er'8 lallure to construct thl home to aoplicable CSW Sfar.dards or adhere, to Bu/fder's respOl1sibilitl..s under the 8uilder
Agreement.
If the 8ullder repairs a major structural defect during year! one or two. 08W must be notified. Once notlfi.d. 08W WIll
perform a complJ~nce inspection.
3. Builder is authorized to advertise its memOer~hi~ In the CSW Warranr-; Program and to usa its Logo In ita business, pro.
vlded thet any reference :0 CSW or its Insurer. wh9ther conlractuai or advertlsmg copy, be app rovsd by aaw In wntmg In
advance of it! use.
seCTION O. INFORMAL DISPUTe PRoceDURE:
1. Build,r tnould be aware that the Limited Warranty Agreement provides lor itn Informal dlsoute settlement and aroitratian
proc.dure to resolve complaints by purc:hanrs under the Limited Warranty AQ:reement. Builder $hOuld become tBJT1iliar with
the semem.nt procedures In order to be aware ot Its rights and responsibilitillS. Buildsr agrees to eo operate tully In thl ~ro.
cadure and to be bound by and to comply with any deciSIon 01 an Independent third party. or aroitrator.
If the Buildlr falls to perform Its obligations hereunder in a tImely and wmkmanlike manner. such fli!yre .shall be COl'!.
sid9r9d to be a refusal to perform governed by paraQrBph C.2 hereof.
2. The Bulldsr agrees to pay all Ius ehar;ed in connection with the informl!1 dispute eettlement and arbitration procedurt.5.
SECTION E. TERMS GOVERNING OPERATION AND INTERPRETATION:
,. 8uJlder agrees to perlorm ita obligations under this Agreement In a timely manner. However, :Ime provided fer performance
ot obligations hereunder shall be extend8d by .vents not sue/Ie': to control by the ;:larson obligated to perform. Such even~
InClude acts 01 God. or the public enemy, or riat. civil commotion. or govtmmc!ntal conduc::.
~. Deserip~lve headIngs aa to the contents of particular provisions ot this A~reemfml ar& Intended tor conv.ni.nee onlY ar.d Gr;
not to be conslaered in construing thi5 instrument.
3. ihis AQreement $hafl.not constitute or oe consiaered an iQ'IiCY. .mployer-employee reJatlonshiD, jOint venture or parmer-
091'110 between the parties. None ot the partite. nor any of their IImoloyess or a~ent.9. 9hail have tn. aut\",orlty to bInd or oolig-
ate the other party excgpt as providGd by this Agreement.
~. S~ould any provisions of this Agreement be determined by e court of compef8"t juriScic~lon to be ungnforcaable. that deter-
mlnatlon will not affect the validity of the remainIng proviSions.
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5, This Aoteemem shall be inter ~d and enforced in accorClance wIth the law~ the CommOnwealth of PennsfNania. 'All
suits i;stituted unoer this Agrebt/lent shail be brought in Pennsylvania in a court of competent :urisdic1ion. Builder hereby
consents to the personai juriMic1ion of the Pennsylvania courts.
6. Builder shall nct assign thIS Agreement without the prior wr.tten consent of QBIN.
7. l11is Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators. assignee. and suc-
cessors of thG representative parlies.
8. T!"Iis instrument. and security documents and documents referred to or inl::orporata<i herein by reference. contain the enti~e
Ci.greement between the parties, and no statement, promises. or inducements made by either pany Qr agent of either party
that is not contained in this written contract shall be valid or tJinding: and this contract may not be enlarged. rr.odified. or
altered except in writing signee by the parties and endorsed hereon.
S? Failure of either party to insist upon compliance 'Nitro any provision of this Agreement shall not constitute a waiver of thai
provision.
1 O. All nctice:5 required hereur.der must be in writing arod sent by cer+jfiec mail, postage prepaid. retum receip, requeS:gc. to
the recipient at the respective acdr9ss shown below. or to whatever address the party may designate in wr.tin~.
11. The effective de.te 01 this Agraament shaJl be the date of execution by QE3W.
QUAUTY BUILDERS WARRANTY CORPORATION
By
Ah~c~v
Date of execution by aBW:
July 24, 2000
10.503
Builder's Registration No.;
EPP.AIIE\ITIAL BlI.I., u.c
BUILDER:
DATE
7-18-00
(!'lIme ct BuHder . ~ print <I, type)
By
see below
i6lgnatu,e 01 AutltorlUtll Reprasentative. lille)
(plalSil print namel1\lIe ot Bllecuor)
2 Jb<"fiRQn Avenue, ~, H.T 08534
(~)
IDEMNIFICA liON
THE ~1>ER.SIGl'-t~D, im~ding to be legali~ boun~ jointly and severally do hereby agree to indemnitY ami Save
han:nless Quality Builders Warranty Corporanon agll1nSt any and all a,ctions,. claims, demands_ liabilirv or loss
whatsoever, that may result from PRESIDENTIAL HILL. LLC'S membership in Qualnv Build \17 '
C 'I 10 L-' _...t W. '. "J ers ,~arrarny
orpo~tlon s -year Ullltl;U ~ progra~ mclu_ding, but not limited to actions, claims, demands, liability or
loss ch may r:swr from the .execU1:~on and d~~ ot the within Builder Agreement or PRESIDENTIAL HU.l,
LL. non-performance of rts dunes or obli ons thereunder, whil:h includes any liability for am Builder
pa,st, present and future. .
tJ/A'
SPOUSE
DATE
CK ON
/3R ~7J. :ftP/&
HOME ADDRESS 7
COpyrigtl1 1!l88
QuaUty BuilderS Warr.tnty Corporvllon
O!W FCR~ 050 '~i9!l
TGo ""_ ;:. J3
VERlFICA nON
I, JOSEPH M. OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby
certify and state that the foregoing Complaint is true and correct to the best of my knowledge,
information and belief; and that I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
Quality Buildel
Date: # ~2. '3-0';
.
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, P A 19067
f?!l~
on Saffer, Secretary
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 04-5140
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA
RICK WILSON,
CIVIL ACTION - LA W
Defendant
NOTICE
TO: QUALITY BUILDERS WARRANTY CORPORATION
c/o JOHN A. GILL, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAJNST YOU.
lw0-~
Merrick Wilson, Member Presidential Hill LLC and
Individually
1332 Moon Drive
Yardley, Pa 19067
Pro-Se Defendant
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNT~
PENNSYLVANIA
vs.
NO. 04-5140
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
~j~
~
By:
Merrick Wilson, Member
Presidential Hill LLC and
Individually
1332 Moon Dr.
Yardley, PA 19067
215-295-5398
Pro Se
.1
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL V ANlA
vs.
NO. 04-5140
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 fal.sification to authorities.
Date: November 15. 2004
1u~:/~~
Merrick ilson
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 04-5140
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA
RICK WILSON,
CIVIL ACTION - LA W
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 15th 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 2nd Street
W ormleysburg, P A 17~, , 1, -"
By: ~f/~
Merri(:k Wilson
1332 Moon Dr,
Yardley, PA 19067
215-295-5398
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
DOCKET # 04-5140
vs.
PRESIDENTIAL HILL, LLC
and MERRICK WILSON a!k/a
Rick Wilson
Defendants
: CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS
/ /oUI
AND NOW THIS f/
.
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.
I. 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 ], 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].
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 ]4,2005, indicating that he
was availab]e for Deposition on Apri] ] 8 or Apri] 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 ]4,2005, 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 ]4, 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.
] I. 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.
J~/t/OJ
DATE
BY;~
OHN A. GILL, ESQUIRE
Attorney ID # 41532
325 North Second Street
Worrnleysburg, P A 17043
Attorney for Plaintiff
Quality Builders Warranty Corp.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Motion to Compel
Discovery and for Sanctions has been duly served upon the following parties of record by
depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania on
this 16th day of March 2005, and to the address listed below:
Rick Wilson
\332 Moon Drive
Yardley, Pa 19067
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
<i) ~~p~~.~~ro~uilders ,WaIT~nty
March I, 2005
SENT VIA POSTAL MAlL
Rick Wilson
1332 Moon Drive
Yardley, PA 19067
RE:
Quality Builders Warranty Corporation vs. Presidential Hill, LLC and
Merrick Wilson aka Rick Wilson
Docket # 04-5140
Docket # 04-5139
Dear Mr. Wilson:
I 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 $7,725 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 I am requesting that you forward a check in the
sum of $3,500 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 healing 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 go forward.
Sincerely,
~qUire
General Counsel
JAG:rss
". '"\". SCl.'i"iill (.II'::'i.1. \\\i':~!It\,l~,I:~, P;J. !7UJ,'
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(F{' 2,~p~~ia~t~uilders Warranty
March 9, 2005
SENT VIA POSTAL MAIL
Rick Wilson
1332 Moon Drive
Yardley, P A 19067
RE:
Quality Builders Wananty Corporation vs Presidential Hill, LLC and
Menick Wilson aka Rick Wilson
Docket #04-5140
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, I am enclosing a Notice of Deposition for you to appear at our offices for a
Deposition in cormection with the above two cases on Wednesday, March 30, 2005, at
10:30 am and 11:30 am
As you know, [ previously requested dates of availability to which [ was not extended the
courtesy of a reply. In the past, you have waited shortly before the deposition to mf0l111
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,
~uirc
General Counsel
JAG:rss
Enelosure
.'<25 Norih Second Street. W(lrlllk.i'\l-'llr~_ PA 170"U
ph: 7177_~7.:?)22 - b,\(" 717n7,~=-88
WI.I\\.ql1\\C.C\lJ11
Exhibit 2
QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
DOCKET # 04-5140
vs.
PRESIDENTIAL HILL, LLC AND
MERRlCK WILSON, AKA RCK
WILSON
: CIVIL ACTION - LAW
Defendant
NOTICE OF ORAL DEPOSITION
TO: Defendant, Merrick Wilsons, aka Rick Wilson
] 332 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. I. 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 I] :30 a.m. The above-named is requested to appear at the aforementioned time and
place and submit to examination under oath.
Respectfully submitted,
JO A. GILL, ESQUIRE
A orney for
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attoney 1.0. # 4] 532
DATE:
3-1' -d->
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiffs 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 10th day of March
2005, and to the address listed below:
iud., 'vVil~Ull
1332 Moon Drive
Yardley, Pa 19067
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
'-'H~-14-05 10:03 AM PRESIDENTIAL
. John Gill, General CO\lnsel
; Quality Builders WlIIljII1ty Corp.
325 North Second S~et
Wonnleysburg. PA 11043
60973764132
Merrick Wilson
2 Madison Ave.
Pennington, N.J. 08534
609-737-2323
March 11, 2005
Re:
Quality Bui1d~rs vs. Presidential Hill LLC and Merrick Wilson
Docket No. 04-5140; Docket No. 04-5139
Dear Mr. Gill:
Pursuant to your letter of March I, 2005, you may take my deposition for
. discovery on the abo~ cases on April 18th or April 19'h , 2005 at 10:00 a.m. at 2 Madison
. Ave. Pennington, Net. Jersey. The deposition will take place at my office, not your
\.1m\,\,.. LI.':L HlI.. kilUV\- jf tlJ.....:.... i~lw.,i> aH.. '""'c-...pt"'tk.
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Merrick Wilson
Exhibit 3
MAR 1 ~ '{J)Q5
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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, LLC and Merrick Wilson
Docket No. 04-5140
Docket No. 04-5139
Dear Mr. Wilson:
1 am writing in reply to your letter of March 1 1, 2005, received by this office on March
14,2005. The Depositions will take place at our office in Wonnleysburg, Pennsylvania.
Your invitation to take Depositions at your office in New Jersey is declined.
Currently, the Notices of Depositions identify a Deposition date of March 30, 2005. Yall
do not identify if you are unavailable on this date and therefore 1 would request your
confirmation of attendance as required by the Notices of Depositions.
1 realize that you are not represented in the above two matters but were previously
represented in other cases and 1 am sure the allorney instructed you on the requirements
of attending Noticed Depositions.
Sincerely,
JAG:rss
Exhibit 4
_.:~:,< N~lnh Second SHeel. \Vonnky"burg. P!\ \704..;
ph: 717.7.1..7.]S2'1 . f:l.x: 7J7.rncJ:?Ss
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Merrick Wilson
2 Madison Ave.
Pennington, N.J. 08534
609-737-2323
March 14,2005
John Gill, General Co sel
Quality Builders W ty Corp.
325 North Second Str et
Wormleysburg, PA 1043
,
,
Re: Quality BUild~S vs. Presidential Hill LLC and Merrick Wilson
Docket No. 0415140; Docket No. 04-5139
Dear Mr. Gill: ,
I
Pursuant to Yo~ letter of March 14,2005, I 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
PelUlington. N.J., not your office. According to my understanding of the law, there is
no requirement that a~eposition be taken in your office.
In my letter 0 March 11, 2005,1 offered you two dates for the deposition: April
18th 'A" I ",tn ..,"'.. 1"" 00 ' rr- ' ~ '" \. f rAP ......+ 1..1 J '
dlll.l pm :t,"0 J <It IV. dlll. <It m)' Oil''';''; UI .. "'uy,.0l1 "~" ~nnJn6"0n, .,. ..
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RllSPectfully, :
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
vs.
PRESIDENTIAL HILL, LLC
and MERRICK WILSON aIkIa
Rick Wilson
Defendants
AND NOW THIS
, ~,;
MAR 2 1 2005 ~
.i-
: IN THE COURT OF COMMON PLEA. OF
: CUMBERLAND COUNTY PENNSYL ANIA
: DOCKET # 04-5140
: CIVIL ACTION - LAW
ORDER OF COURT
2 ~ rL day of March, 2005, upon consideration of Plaintiff's
Motion to Compel Discovery and for Sanctions, a Rule is hereby issued upo Defendant,
Merrick Wilson, aka Rick Wilson, to show cause why the relief requested s ould not be
granted.
RULE RETURNABLE within ~ days from the date of this order.
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BY THE COURT,
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QUALITY BUILDERS
WARRANTY CORPORA nON,
Plaintiff
: IN THE COURT OF COMMON PLEA OF
: CUMBERLAND COUNTY PRNNSYL ANIA
: DOCKET # 04-5140
vs.
PRESIDENTIAL HILL, LLC
and MERRICK WILSON aIkIa
Rick Wilson
Defendants
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiff's otion to Compel
Discovery and for Sanctions together with the Order of Court of March 24,2 05, has b en duly
served upon the following parties of record by depositing the same in the ited Sta es mail,
postage prepaid, in Camp Hill, Pennsylvania on this 30th day of March 005, an to the
address listed below:
Rick Wilson
1332 Moon Drive
Yardley, Pa 19067
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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Quality Builders
WARRANTY CORPORATION
Plaintiff
IN THE COURT OF COMMO PLEAS OF
CUMBERLAND COUNTY PE SYLVANIA
DOCKET #04-5140
vs.
PRESIDENTIAL HILL, LLC
and MERRICK WILSON alk/a
Rick Wilson
Defendants
CIVIL ACTION - LAW
DEFENDANTS' RESPONSE TO DENY MOTION TO COMPE DISCOVERY
AND DENY MOTION FOR SANCTIONS
I. Defendant Merrick Wilson, is the principal member of Presidential ill LLC, a New
Jersey Corporation with its only place of business located at 2 Madison ve., Pennington,
New Jersey.
2. Quality Builders Warranty Corporation provides home buyers w
home builders in the State of New Jersey.
3. Quality Builders Warranty Corporation sole relationship with Presid ntial Hill LLC
and Merrick Wilson involves homes built by Presidential Hill LLC in t State of New
Jersey.
4. Quality Builders Warranty Corporation sent two letters dated May 2 ,2004 and June
15, 2004 to Presidential Hill LLC stating that Presidential Hill LLC had fulfilled its
obligations under the Warranty regarding Mr. and Mrs. Filepas, residin at 8 Jefferson
Place, Pennington, New Jersey. The June 15 letter specifically states th t the only
amount due QBW is $290.00; yet QBW has instituted suit for $2,500 in attorney's fees
and cost of collection. The only attorney ever utilized by QBW is John ill, who is a full
time employee of QBW. QBW has chosen to have Mr. Gill as an admi . strator for the
warranty claim. No other attorney has been involved in this warranty cl 'm., and no
attorney's fees have been incurred by QBW. No legal action was ever t en in regards to
this warranty claim, other than this attempt to sue for legal fees.
5. Quality Builders Warranty Corporation sent a letter dated Septembe 28,2004 to Mr.
and Mrs. Shatynski residing at 2 Roosevelt Ave., Pennington, New Jers y, stating that all
warranty had been completed satisfactorily; had been inspected and app oved, and that
the file was closed. QBW has chosen to have Mr. Gill as an administrat r for the
warranty claim. Mr. Gill is a fulltime employee of QBW. No outside a orney was used
for this claim, and no legal fees have been incurred by QBW. Yet QB has instituted
this suit for $4500 in attorney's fees. No legal action was ever taken in egards to this
warranty claim, other than this attempt to sue for legal fees. QBW did ot utilize an
arbitration company to arbitrate this claim. Yet QBW has instituted sui for $725 in
arbitration/defect inspection fees.
6. Quality Builders Warranty Corporation has instituted this suit to alle edly recovery for
administrative costs relative to the satisfactory Warranty work performe by Presidential
HillLLC.
7. On March 1,2005 QBW sent a letter demanding a deposition of Me 'ck Wilson at
QBW's office in Wormleysburg, PA.. This was the first time QBW con acted Wilson
regarding any discovery whatsoever in this suit.
8. On March 9,2005, QBW demanded that a deposition of Wilson take lace at their
office on March 30, 2005, without any consideration whatsoever whethe this date, time
or place was acceptable.
9. On March 14, 2005, Wilson wrote to QBW stating that March 30, 20 5 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
March 30, 2005 at QBW's office in Wormleysburg, PA. There is no b is for granting
this Motion. QBW has been offered alternative dates by Wilson. This i the first request
for any deposition. QBW has not asked for any prior discovery, writte or oral. This
entire suit solely relates to purported legal fees for property and home arranty work
performed in Pennington, New Jersey. QBW has chosen to solicit ins ce business in
New Jersey for New Jersey property. QBW should be compelled to tak deposition for
New Jersey property and business written in New Jersey in New Jersey. All of the
records related to the property which are the subject to this suit are at th offices of
Presidential Hill LLC at 2 Madison Ave., Pennington, New Jersey. QB should be
compelled to take any depositions related to this suit at the offices ofPr sidential Hill
LLC in Pennington, New Jersey.
II. John A. Gill has held himself out to be a full time employee of Qua ity Builders
Warranty Corporation during all communications with Merrick Wilson d employees of
Presidential Hill LLC over the past three years. Telephone calls to John A. Gill are
directed to the telephone number of QBW. The address of John Gill is e same address
as QBW. It is the belief of Merrick Wilson and Presidential Hill emplo ees that John A.
Gill is not in private law practice separate and apart from his position as an employee of
Quality Builders Warranty Corporation. John A. Gill's request for atto ey's fees appear
to be an attempt to disguise his position as a full time employee of Qual ty Builders
Warranty Corporation, and delude this Court into believing that Quality Builders
Warranty Corporation has incurred attorney's fees from an unrelated att rney. Enclosed
is a letter dated December 12, 2003 from John Gill, on the letterhead of uality Builders
Warranty Corporation, under the QBW administrative title of General ounsel. The
Defendants urge the Court to deny the request for sanctions and attorne ' s fees.
11. Mr. Gill's allegation that Defendant Merrick Wilson failed to COOpt rate in Discovery
in another case is untrue. In this other case, Mr. Gill used the same am gant tactics of
demanding a deposition on the day before Thanksgiving without any pri r
communication with the Defendant's attorney, Craig Diehl. Mr. Gill h s 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 Dr Presidential
Hill LLC and Merrick Wilson, dated November 18 and 19,2004, detaili g Mr. Gill's past
irresponsible behavior in demanding depositions dates and times withoL consulting the
other parties.
WHEREFORE, Defendants request that QBW's Motion be denied and hat QBW be
compelled to take any Depositions requested in New Jersey at the office of Presidential
Hill LLC at 2 Madison Ave., Pennington, New Jersey on April 18 or 19 2005 at 10:00
A.M. or arrange for a time acceptable to both parties.
3/Lf/DS' ~ t~ ~ II
Date I , Merrick Wilson, Pro Se
CERTIFICATION OF SERVICE
I HEREBY CERTIFY that a true copy of the Defendant's Resp nse to Deny
Motion to Compel Discovery and Deny Motion for Sanctions has been uly served upon
the following parties ofrecord by depositing the same in the United Sta es mail, postage
prepaid, in Pennington, New Jersey on this 4th day of April, 2005, and t the address
listed below:
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, Pennsylvania 17043
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Merrick Wilson
John Gill, General Counsel
Quality Builders Warranty Corp.
325 North Second Street
Wormleysburg, PA 17043
Merrick Wilson
2 Madison Ave.
Pennington, N.J. 08534
609-737-2323
March 14,2005
Re: Quality Builders vs. Presidential Hill LLC and Merrick Wilson
Docket No. 04-5140; Docket No. 04-5139
Dear Mr. Gill:
Pursuant to your letter of March 14,2005, I am not available to ake a Deposition
on March 30, 2005. If you wish to take my deposition, it will be done i my office in
Pennington, N.J., not in your office. According to my understanding 0 the law, there is
no requirement that a deposition be taken in your office.
In my letter of March II, 2005, I offered you two dates for the eposition: April
18th and April 19th, 2005 at 10:00 am. at my office at 2 Madison Ave., ennington, N.J..
R~spectfu1ly,
///
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QI~A,.LIT\{ B1JILDERS VVA.
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32: N. Secon Street. Wormie,/sburg, PA 17043
~e~eDhone: i17 737.2521
fax: 717 737-.1288
Y[av 28. 200d
Gordon File~as
8 Je-rrerson P~ace
Pennington. ~J 0853d
RE:
Enrollment #325687
Effec[ive Dare: 03-07-.~2
De3T Mr. Filepas:
[ am writing in follow up (0 your conversation on May 7. 2004, ""iID.. . John Gill from
our office. It is my understanding that all wammry issues have been esolved. If [ am
miSTaken please advise me '.vithin 10 days. other.vise I will be ciosin our tile in this
maner
Sincerelv,
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Brem B. Durham
C onstructi on Standards Manager
BBD:rss
cc: Presidential Hill, LLC
Rick Wilson
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QUALITY BUILDERS \v-"-illR NTY
CORPORAl ON
3:5 "t Se~onci Str-ee W(J(mlcyscu;"g, PA 17e43
tl:!lepncnc: 7'17 iSi..~:22
T(JX: 71 7 7?7-4ZSS
:unt:::: 2004
SEC'iT VL~ FA-X (609) 737-6-4)2
,,;ok wl1son
b:si<icntiaJ.l"-.ill., U.C
2 M:Jdiscn A vomu..
i'''MmglOn., NJ 08534
RE: Enrollmcnt#325687 Effective Dale: 03-\17-02
Gordon Filepas, 8 Jeff=an P!ru:,,_ l'=.ing!an., NJ 085534
0c:;u Biei>:
On ~= 10,2004. our offie:: W<!S in cootlli::twiLh the above: ho=v.ncr. H indi<:a.td in
me cooversation that all =ty work :ns b= complad. As of this li e, ill.. only
issues involved is all auts"..:mding :>200.00 tn"l"'cJion :~c of which we 0 'or n,aivcd
paymeJ:l1 mId a Di~1:rict Jusli"" filing fc:: of $92.00. Once we ~ve pa, .<:nl or lhe:;e
cwo fees.. we v.rill in turn c~osc our file regarding iliis hocc~
Thank you:in advnno:: foe you anticipatai coopemtkm..
.suc::::cly~ I' / /.~
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April 28, 2003
325 N.. Second S eeL WonnJeIJSOUCQ, PA 17043
telephone: 71'7737.2522
fax: 717 737-4288
Mr. Ted SbatyDSki
2 Roosevelt Avenue
Pennington, NJ 08534
RE: Enrollment '4 332685
Effective Date; 06/21/02
Dear :-.fr. Shatynski:
1 am writing in ful10w up to the letter [ furwarded to you dared February 25 2003. In thaI
letter [ asked fur you to forward a listing of any outStanding warrantY items that your
builder had not addressed. To date,l have never received such a listing ifT do not
receive one from you within the ne:ct ten (10) days, r will assume that your builder has
completed their tepair work at. your home and we will proceed. to close our files in this
marter.
Very nuly YOUTS,
1/
Chad C. Harvey
Complaint ArlministralOr
CC'd:dgs
cc: Kathy, Presidential Hill. LLC
Fax: (6<J9) 737-6402
TOTRl P.02
APR-28-2003 07:48
QUAL] TY l3U I LIlERS WARRANTY
717 737 428
QUALITY BUILDERS WARRANTY
CORPORATION
325 N. 2ND STREET
WORML:EYSaURG, PA 17043
717-737-2522
FAX 717-737-4288
FACSIMILE TItANSMITtAL SHEET
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CONJ"ANYI P1tSS:mBNTw.. HlU- u.c
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SENDBJt"S llEFEatlNCB NUMBBR:
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325 N. Second S~et Wormleysburg, ?A 17043
telephone: 717737.2522
i<Jx: 717 737-4:288
Sep:cmbo:r 2&, 2004
T c::i Sha1ynski
2 R<>poscvdt A Vf:
penningtOn, NJ 08534
R.E; Enrollment # 332685
... -.. Effective Date: 06-21-02
De:u'Mr. SbatyDski:
On September 27, 2004, John Gill and} /rom QnalityBuildcts Wamutty Ca
wac in =dance for an. insped:ion ofthc plumbing \/c:nt to the fust:floor sho
lospe<;:or, Mr. Victor Rose, indiC3!Ctl the: shoWcr Wain'line: is now vented pro
indie::atcd in our conversatio.c, prior to the: inspection, that the'lc:uting issue
=aining ilem from the:arbilrnliona'iWTd. 13=:d on the: n:sults of the i
conversatio.c, J will proceed to dose oW'me in this mauer.
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Brent.Durllam .
Caostruction si:m~. M':"'l~cr
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cc: Rick Wilson
SENT VIA FAX
Pn:sld=tiaL !-Jm, LtC
Ken Butko
DCA
SENT VIA FAX
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 18, 2004
John A. Gill, Esquire
Quality Builders Warranty Corporation
325 North 2,d Street
W ormleysburg, P A 17043
Dear John:
~(ID[PW
In Spring Grove" Pennsylvania
119 West Hanover Street
pring Grove. PA 17362
!ephone: (717) 225-1929
Please be advised that I have a schedule conflict with the November 24, 004 deposition date.
Considering that it is the day before Thanksgiving and it is a common pro essional courtesy to
contact opposing counsel to confIrm each party's schedule prior to scheduling a deposition, I would
request that you contact my receptionist to confmn mutually convenient dates have the deposition
of Mr. Wilson.
Sincerely,
~o.u
Craig A. Diehl, Esquire CPA
CADh~j/
cc: C/' Merrick Wilson
Law Offices of
Craig A. Diehl
3464 Tri nd1e Road
Camp Hill, Pennsylvania liO! 1-4436
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 2nd Street
Wormleysburg, PA: 17043
RE: Merrick Wilson
Dear John:
~~W~
In Spring Grove, Pennsylvania
[ [9 West Hanover Street
5 ring Grove. PA 17362
lephone: (717) 225-1929
1 am nothing but appalled by your position and the inaccuracies set fo in your November
19,2004 letter. Let's set the record straight. There is one written request by you dated November
12,2004, received in my office on Monday, November 15,2004, that I perso ally read on Tuesday,
November 16,2004, requesting dates for a deposition. The very first day th t I even had a chance
to read your letter, you are already, on November 16,2004, selecting a dep sition date. Then, on
November 17,2004, I receive your November 16, 2004 letter with a Notice fDeposition. Within
24 hours, I informed you that this date was unsuitable for my schedule. Yo letter stating that on
numerous occasions, in writing, you requested from me deposition dates that I did not reply to is an
outright lie. If you are trying, as I believe you are, to combine the Presidential Hills proceeding with
the Merrick Wilson proceeding, then you are also out ofline. I specifically i ormed you that I was
only retained to represent Presidential Hills in an attempt to open/strike the ju gment. Additionally,
when you requested that I obtain deposition dates on the Presidential Hills m tter, I clearly told you
that I am no longer involved in this matter and you may contact Mr. Wilson !rectly. Furthermore,
[guess you believe that I can successfully reach Mr. Wilson every time I cal him. Unfortunately,
that is not the way it is. Sometimes it takes a day or two to hear back from m.
John A. Gill, Esquire
November 19,2004
Page Two
In closing, as discussed, I am not available on November 24, 2004. Since the d.eposition
notice is captioned under the Merrick Wilson proceeding, he is entitled to ha e counsel with him at
the deposition. Thus, if you wish to resolve this amicably, please contact my r ceptionist to schedule
a mutually convenient time. Otherwise, kindly send me all these writt n requests you have
supposedly sent me on the Merrick Wilson proceeding and I will re-evalu te this matter. Your
phone calls and correspondence, to the best of my k.l10wledge, have always een timely responded
to. I suggest that maybe you re-examine this so that it can be resolved in a re sonable manner. The
first date that NfL Wilson and I are available is Thursday, December 2,2004 in the afternoon. Mr
Wilson is out of town from December 7 through December 19, 2004.
Sincerely,
~(t-tr~
Craig A. DieW, Esquir , CPA
/
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QUALITY BUILDERS "TAR
CORPORATION
NTY
325 N. Second lreet. Wormleor.;burg, PA 17043
telep/lone: 717 737-2522
fax: 717 737.4288
December 12. 2003
SENT VIA FAX (609) 737-6402
Mr. Rick Wilson
Presidential Hill. LLC
2 M2dioon Avenue
Pennington, NJ 08534
RE: Enrollment # 332685 Effective date: 06-21-02
Mr. Ted ShatynslO, 2 Roosevelt Avenue, Pennington, NJ 08534
Dear Mr. Wilson;
After our telephone conversation on December 12, I spoke to Mr. S
confirm that work bas been perfunued at his residen<:e. At this point in
the additional items have oot been scbeduled fur repair and I would
your office contact Mr. Sbatynski and infonu him when the
concluded. r know that you and Mr. Shatynski were corresponding co
access and it is my understanding that you agreed to have repairs co
dates.
. who did
, he said that
uest that you or
items will be
dates of
Jeted on those
Sincerely,
Gill, Esquire
General Counsel
JAG: jh
TOTAL P.02
r-DEC-1S-2003 14: 12
QUAL! TY 8U I LDERS !..I'1RRANTY
717 37 4288 p.01/02
QUALITY BUILDERS WARRAl'TY
CORPORATION
325 N. 2ND STREET
WORMLEYSBURG, PA 17043
717-737-2522
FAX 717_737_4288
FACSU4ILE TRANSMITTAL SHEET
Mr. Rick Wilson
nOM.
John A. Gill, Esquire
GaJ.ttaI Counsel
TO,
COMPANY'
~dPt'ti,d RiB, u.c
FA%. NtJ)O!Slt;
(609) 737-6402
1)ATE;
12/12/2003
TOTAL NO. OF rllCBS INCLlJDING co JlJ
2
fflONB Nut.OI81:
Sl!:Nl)BR.', RSPBI.BNCB NtIMIIE.~
-
Em:oIIment # 332685
Mr. Ted Shatyntki
2 RooeeveltA_e
P~NJ 08534
YOUR JlSJl'SdNCll NUMBR~J
o UltGENT 0 FOR REVIE'" 0 PLEAS:a CO....ENT 0 I'L&SB ltBrLY CJ LIlA-5S Il.SCYCLS
N<1T"F.."i/CO MMt:.N"C'S:
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QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
DOCKET NO. 04-5140
v.
CIVIL TERM
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON
Defendents
PLAINTIFF'S PETITION TO MAKE RULE ABSOLUTE
AND NOW, this ~ 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 hereofthe following:
I. 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, Plaintiffreceived 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 Plaintiff's 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 ofthe case.
By:
A. GILL, ESQUIRE
ey ID # 41532
325 North Second Street
Wormleysburg, P A 17043
Attorney for Plaintiff
Quality Builders Warranty Corp.
-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiff's 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
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Quality Builders
WARRANTY CORPORATION
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
DOCKET #04-5140
vs.
PRESIDENTIAL HILL, LLC
and MERRICK WILSON alk/a
Rick Wilson
Defendants
CIVIL ACTION - LAW
DEFENDANTS' RESPONSE TO DENY PETITION TO MAKE RULE
ABSOLUTE
AND NOW, this 20th 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:
I. 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 fulsely
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 rea~on
why the Deposition should not go forward at Plaintiff's office. In fact, there is no basis or
reason for taking the deposition at Plaintiff's 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 Plaintiff's
place of business.
8. QBW's demand for counsel fees for filing its original Motion is unwarranted. Mr.
Gill is a full time employee ofQBW, 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.
~{~~
J/~/o('
Date I /
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 20th day of April, 2005, and to the address listed below:
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, Pennsylvania 17043
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Merrick Wilson
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QUALITY BUILDERS
WARRANTY CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN1Y PENNSYL VANIA
DOCKET # 04-5140
vs.
PRESIDENTIAL HILL, LLC
and MERRICK WILSON aJk/a
Rick Wilson
Defendants
: CIVIL ACTION - LAW
ORDER OF COURT
,_,.f I 111,1.>]
AND NOW THIS ~ day of ~ 2005, upon consideration of Plaintiffs
Petition to Make Rule Absolute, it is:
hereby Ordered that Defendant, Merrick Wilson, aka Rick Wilson appear at Plaintiffs 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.
Further Ordered that Defendant Merrick Wilson, aka Rick Wilson, be directed to pay
Plaintiffs legal fees, said amOlUlt to be supported upon Affidavit at the conclusion of the case.
BY THE COURT,
John A. Gill, Esquire
Attorney for Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Merrick Wilson aka Rick Wilson pro se
1332 Moon Drive
Yardley, PA 19067
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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QUALITY BUILDERS WARRANTY
CORPORATION,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
: DOCKET NO. 04-5140
v.
: CIVIL TERM
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON
Defendents
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE COURT:
John A. Gill, Esquire, counsel for the plaintiff in the above actJion, respectfully represents that:
I. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $5,225 plus attorneys fees and costs.
The following attorneys are interested in the case as counselor are otherwise disqualified to sit
as arbitrators: Craig Diehl
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
~~
By:
. GILL, ESQUIRE
Attorney ID # 41532
325 North Second Street
Wonnleysburg,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 Petition of
Appointment of Arbitrators, has been duly served upon the following parties of record by
depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania on
this 7th day of July 2005, and to the address listed below:
Rick Wilson
1332 Moon Drive
Yanlley,Pa 19067
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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ORDER OF COURT
2005, in consideration ofthe foregoing petition,
, sq., Esq., /%.If",h~il/A.L; Esq. are
in the above-captioned actio as prayed for.
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QUALITY BUILDERS WARRANTY
CORPORATION,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
: DOCKET NO. 04-5140
v.
: CIVIL TERM
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON
Defendents
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the: Order of Court Appointing
Arbitrators 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 26th day of July
2005, and to the address listed below:
Rick Wilson
1332 Moon Drive
Yardley, Pa 19067
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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QUALlL TY BUILDERS : IN THE COURT OF COMMOON PLEAS OF
WARRANTY CORPORATION: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: CIVIL ACTION - LAW
PRESIDENTIAL HILL, LLC and:
MERRICK WILSON alkla : 04-5140 CIVIL TERM
RICK WILSON
Defendants
IN RE: ARBITRATION PANEL
ORDER OF COURT
AND NOW, September 12, 2005, the appointment of Nathan C. Wolf,
Esquire, as arbitrator in the above matter is vacated, and Stacy B. Wolf, Esquire, is
appointed in his stead; Jacqueline M. Verney, Esquire, shall remain as chairman of
the panel, and Charles Zaleski, Esquire, shall remain as arbitrator.
By the Court,
~eline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Chairman of the Arbitration Panel
Court Administrator
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QUALITY BUILDERS WARRANTY
CORPORATION,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
DOCKET NO. 04-5140
v.
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK WILSON
CIVIL ACTION
Defendant
PRAECIPE
To The Prothonotary
PURSUANT TO Pa. R.C.P. 1307(c), enter Judgment on the Award of Arbitrators in favor
of the Plaintiff and against the Defendants in the amount of $3,636.00.
~~I,ESq.
Attorney for Plaintiff
Quality Builders Warranty Corp.
325 N. Second Street
Wormleysburg, PA 17043
(717) 737-2522
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QUALITY BUILDERS WARRANTY
CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 04-5140
CIVIL ACTION
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA
RICK WILSON
Defendants
To PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON, Defendants
You are hereby notified that on December 'l? , 2005 judgment was
entered against you in the sum of $3,636.00 in the above captioned case.
DATE: /;;2-<;0.5
/~( ~."c? ~
Prothonotary I~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
DCBA-300 Rule 11.5 (a)-4/3/81-M-4/24/81-M
I hereby certifY that the following is the address of the defendant (s) stated in the
certificate of residence.
PRESIDENTIAL HILL, LLC
2 Madison Avenue
Pennington, NJ 08534
MERRICK WILSON AKA
RICK WILSON
1332 Moon Drive
Yardley, PA 19067
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK WILSON
Demando (s)
A. Gill, Esq.
ey for Plaintiff
Por este medio sea avisado que en el dia de _ de Deciembre un fallo fue
registrado contra usted por la cantidad de $3,636.00 del caso antes escrito.
Fecha: el dia de Deciembre de 2005.
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRRECCION SE ENCURENTRA ESCRITA ABAJO PARA AVERIGUAR DONE SE
PUEDE CONSEQUIR ASITENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Por este medio certifico que 10 suquiente es la direccion del demando dicho en el
En el certificado de residencia:
PRESIDENTIAL HILL, LLC
2 Madison Avenue
Pennington, NJ 08534
MERRICK WILSON, AKA
RICK WILSON
1332 Moon Drive
Yardley, PA 19067
--
Gill, Esq.
y for Plaintiff
PETITION TO THE COURT
TO ACCEPT NOTICE OF APPEAL FROM A WARD OF BOARD OF ARBITRATORS
OUT OF TIME
1. On November 3, 2005 I participated in arbitration in Cwnberland County, PAin the
case of Quality Builders Warranty Corp. vs. Presidential Hill LLC and Merrick Wilson
aka Rick Wilson, No. 2004-5140.
2. An adverse decision was rendered against the defendants in the amount of$3,636.00.
The Notice of Entry of Award, dated November 4,2005, states that the above award was
entered upon the docket and notice thereof was given by mail to the parties.
I called the prothonotary's office in Cwnberland County and was told that I had 45 days
to appeal the decision.
3. The Notice of Entry of Award was never sent to defendant Merrick Wilson personally
at his home address at 1332 Moon Drive, Yardley, PA 19067.
4. On the 30th day following the Notice of Entry of Award, I sent a Notice Of Appeal
from Award of Board of Arbitrators to Curtis Long, Prothonotary ofCwnberland County,
One Courthouse Square, Carlisle, PA. 17013 along with the a cashier's check for $290.00
by Federal Express.
5. Rejection of this Appeal harms me by depriving me of my right to have the court hear
this case, as well as it unjustly costs me personally and Presidential Hill LLC $3,636.00.
I believe that my case will prevail in a court of law, for the following reasOns: I) the
plaintiff acts as an insurance company, by adjusting and paying home Wll11Tanty claims;
2) the plaintitr s claims were for reimbursing itself for its own employee time for
adjusting a claim; for which an insurance company should not be permittqd to make
claims to reimburse itself for employee time for adjusting claims; 3) the dk:fendant
Merrick Wilson, did not personally contract with the plaintiff; 4) the conttact that the
plaintiff purports to have with Presidential Hill LLC, does not specify whllt costs would
be incurred by the contractee; 5) the claims made by the plaintiff for legal costs were
provided by the plaintitrs own employee; 6) the costs claimed by the plaintiff were
excessive and for several of its employees to attend the same inspection; 7) the defendant
took all corrective to satisfy the claim, for which the plaintiff incurred no ,cost to make
any repairs and did not have to make any payment to the homeowner.
I respectfully Petition the Court to allow me to file the Notice of Appeal from Award
of Board of Arbitrations out of time.
Dated: December 29, 2005
By: Juwt [)
Merrick Wilson, personally and as a
Member of Presidential Hill LLC
4\)1\"\1'-\ tVlL""11\ WtPY-I1,},y C<1p.p
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS
NO. ,~OU~.. 5/t.fu
Ill/I
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NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is given that R~~Ii)u.lI\l\\- \jI~L l.\.C.. ,~ Mi;il.iL,tr W\~<;~j
appeals from
the award of the board of arbitrators entered In tbls case on 1'lOJ€M3<.Y2. ;3 I ,],,00 ("
A jury trial is demanded KJ. (Cbeck box if a jury triall~ demanded. Otherwise
jury trial Is waived.)
I hereby certify that
1. the compensation of the arbitrators bas been paid, or
>!:--applieation-has b.eelHlJade--for-permbslmr to v' uceetHn-formll-pltUpet'is.
(Strike out tbe inapplicable clause.)
1~;1 {l~
Appellant or Attorney for Appellant
NOTE: Tbe demand for jury trial on appeal from
compulsory arbitration is governed by Rule
1007.1 (b).
(b) No affidavit or verification Is required,
.
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QUAL, ~ 6",/",,", tJMeANhj C"j(I~
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.i<Cio 'e- 5~ ( '( &
ra.(5, Df";7"" L /1, II Lie ,,---,c1
.
/he i!.t?.., c Ie fA) I ( 'sv rJ Defendant
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Civil Action - Law.
Oath
We do solemnly swear (or affinu) that we will support, obey and defend the Constitution oftlle United
States and the Constitution of this CODlmonwealth and that we will discharge the duties of OUI ofnce
with fidelity.
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fA C,<v. !..l.I'ofL ft,. V t,tAf'1
Nam~ (ChHirrnan)
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Law Finn .'\0> . V {{ I!.tv'ILV
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Address
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City, Zip
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Signaone
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Name
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City, ( Zip
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City, Zip
Award
We, the undersigned arbitl"ators, having been duly appointed and sworn (or affinned), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
Wr. r/lll1) IN fAvorZ- Of PLILu.!-r1 Pi- .4-,.00 A0Aii\'JST
}) 2:-~:i.. J\.\ b /:{ I\Jr I!II HIt:. Ji--fh_iJ(l Ai r () P Ii 34> 3 Go..- D 0
Date of Hea.ring: (1-- )-0 5-
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Date of Award: 1(-- c) .0.
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. Arbitrator, dissents. (Insert name if applicable.)
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Notice of Entry of 'Award
NUlv, the __'ltK.- _ day of 7J.-;>-f.u./,.J~ , 20 jJc5 _' at /0" '{,L,., ...LLM_, the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid llpon appeal: $~,!--'lo,!JI) ________
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By:
D epuiy
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QUALITY BUILDERS
WARRANTY
CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
PRESIDENTIAL HILL,
LLC and MERRICK
WILSON, alk!a RICK
WILSON,
Defendants
NO. 04-5140 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of January, 2006, upon consideration of Defendants'
Petition to the Court To Accept Notice of Appeal from Award of Board of Arbitrators out
of Time, it is ordered and directed as follows:
1. As to Defendant Presidential Hill, LLC, the Petition is stricken because a
corporation can not be represented by a non-attorney;
2. As to Defendant Merrick Wilson, alk!a Rick Wilson, a Rule is issued upon
Plaintiff to show cause why Defendant is not entitled to the rcliefrequested;
3. Plaintiff shall file an answer to the motion within 21 days of the date of this
order;
4. The petition shall be decided under Pa. R.C.P. 206.7;
5. Depositions shall be completed within 49 days of the date of this order;
6. Argument shall be held on Monday, April 17, 2006, at I :30 p.m., in Courtroom
No.1, Cumberland County Courthouse, Carlisle, Pennsylvania; and
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7. Briefs shall be submitted at least seven days prior to argument.
v{~hn A. Gill, Esq.
325 North Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
/
vMerrick Wilson
alk/a Rick Wilson
1332 Moon Drive
Yardley, PA 19067
Defendant, pro se
~
Presidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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BY THE COURT.
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QUALITY BUILDERS
WARRANTY CORPORA nON,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
PRESIDENTIAL HILL, LLC AND
MERRICK WILSON, AKA RICK
WILSON,
Defendant
: CIVIL ACTION
: NO. 04-5140 CIVIL TERM
PLAINTIFF'S ANSWER TO DEFENDANTS' PETITION TO ACCEPT NOnCE OF
APPEAL FROM AWARD OF ARBITRATORS OUT OF TIME
AND NOW, this 7-u., day of February, 2006, comes the Plaintiff, by and through its
attorney, John A. Gill, Esq., and files the within Answer and avers in support hereof
the following:
1. Admitted.
2. Admitted in part and Denied in part. It is admitted that an award was entered in
favor of Plaintiff and against Defendants, Presidential Hill, LLC and Merrick
Wilson, aka Rick Wilson in the amount of $3,636.00. The award was docketed
by the Prothonotary on November 4, 2005. It specifically denied that Defendant
Wilson called the Prothonotary's office and was told that he had forty-five (45)
days to appeal the decision. The Appellate rules are very clear and specific, and it
was negligent of the Defendant Wilson to not ascertain the appropriate
period for Appeal. Additionally, Defendant Wilson elected to proceed pro se.
Defendant Wilson appeared in Cumberland County Court in another matter,
Docket 03-2442 and was represented by Attorney Craig A. Diehl. The Defendant
Wilson's election to proceed pro se without the advice of counsel constitutes a
negligent act.
3. Denied. It is specifically denied that the Notice of Entry of Award was never sent
to Defendant Wilson. It is obvious that Defendant Wilson received the Notice of
Entry of Award. Defendant Wilson was advised of the Award in accordance with
the Rules of Civil Procedure. Additionally, Defendant Wilson called the
Plaintiffs office on December 5, 2005 in an attempt to compromise the award of
the Arbitrators, which compromise was rejected. Only after the rejection of the
offer of settlement did Defendant Wilson take the necessary steps in an attempt to
perfect an appeal and attempted to do so beyond the applicable Appeal period.
4. Admitted in part and Denied in part. It is Admitted that the Notice of Appeal was
received by the Prothonotary's Office on December 6, 2005, which period was
beyond the applicable time for Appeal. The Award was filed on November 4,
2005 and Defendant had until December 5, 2005 at 4:30 p.m. to Appeal the
Award. Defendant Wilson filed the Appeal only after his attempted offer of
compromise was made on the last day of Appeal and rejected. Defendant Wilson
acted in a negligent manner in waiting until the last day to mail the Appeal.
5. Denied. The Petition of Defendants contain multiple paragraphs, and Plaintiff
answers as follows:
A. This matter was originally instituted by Plaintiff at the Magistrate
level. The Defendants did not appear at time of Hearing, and
Judgement was entered in favor of Plaintiff on September 20, 2004.
The Defendants filed a Notice of Appeal, and Plaintiff filed its
Complaint pursuant to a Precipe to Enter rule to file a Complaint.
B. Defendant, Presidential Hill, breached its Builder Agreement with
QBW. Said Agreement was attached to the Plaintiff's Complaint and
marked as "Exhibit 1," which is incorporated herein by reference.
C. Defendant Wilson executed the Agreement as Guarantor of the
performance of Defendant, Presidential Hill. Defendant Wilson
admitted, by way of his Answer to the Complaint, that he individually
executed the document.
D. The Arbitration Award entered in favor of Plaintiff and against the
Defendants was in the sum of $3,636.00. Plaintiff was seeking
damages in the sum of$7,397.00.
E. Defendants failed to perfect their Appeal, and as such, the amount of
the Award, which was entered on the record as a Judgment Upon
Precipe of the Plaintiff on December 8, 2005.
F. The attempted Appeal ofthe Defendant, Presidential Hill, was stricken
and as such the amount of the Judgment is now due and owing from
Presidential Hill, LLC and Defendant Wilson as the
Indemnitor/Guarantor.
G. Defendant Wilson has no valid defense to the underlying obligation of
Defendant, Presidential Hill, LLC.
H. Defendant Wilson acted in a negligent manner in Jailing to retain
counsel and failing to be cognizant of the time for Appeal.
I. If the Defendant was allowed to Appeal the Award, Plaintiff would be
prejudiced by the delay in that the underlying obligation of Defendant,
Presidential Hill, LLC, has already been established and Defendant
Wilson as Guarantor/Indemnitor is liable for the amounts due and
owing and has no valid defense to the claim.
J. Defendant Wilson has had a history of attempting to delay litigation by
failing to appear for Depositions, necessitating Motions to Compel, as
well as appealing District Justice suits for which he did not enter a
defense.
WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, respectfully
requests this Court to deny Defendants' Petition to Accept Notice of Appeal from
Award of Arbitrators Out of Time.
d--:~ESq.
Attorney for Plaintiff
Quality Builders Warranty Corporation
325 North Second Street
Wormleysburg, PA 17043
Attorney #41532
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Answer has
been duIy served upon the following parties of record by depositing the same in the
United States Mail, First Class, postage prepaid, in Camp Hill, Pennsylvania on this 7th
day of February, 2006 to the addresses listed below:
Presidential Hill, LLC
2 Madison A venue
Pennington, NJ 08534
Mr. Merrick Wilson
Aka Rick Wilson
1332 Moon Drive
Yardley, PA 19067
~J/JMiz
Theresa C. Gilberti, Secretary
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QUALITY BUILDERS
WARRANTY
CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION ~ LAW
PRESIDENTIAL HILL,
LLC and MERRICK
WILSON, a/k/a RICK
WILSON,
Defendants
NO. 04-5140 CIVIL TERM
IN RE: PETITION OF DEFENDANT MERRICK WILSON
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 18th day of April, 2006, after careful consideration of the Petition
to the Court To Accept Notice of Appeal from Award of Board of Arbitrators Out of
Time and Vacate the Judgment, as it relates to Defendant Merrick Wilson, and following
oral argument held on April 17, 2006, the petition is denied.
BY THE COURT,
~n A. Gill, Esq.
325 North Second Street
Wormleysburg, PA 17043
Attorney for Plaintiff
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vKferrick Wilson
a/k/a Rick Wilson
1332 Moon Drive
Yardley, PA 19067
Defendant, pro se
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ftresidential Hill, LLC
2 Madison Avenue
Pennington, NJ 08534
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QUALITY BUILDERS WARRANTY
CORPORATION
Plaintiff
vs.
PRESIDENTIAL IDLL, LLC AND
MERRICK WILSON, AKA RICK
WILSON,
Defendants
. -
) IN TIIE COURT OF COMMON PLEAS
) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
) DOCKET NO. 04-5140
)
) CIVIL ACTION
)
)
)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue a writ of execution in the above matter, directed to the Sheriff off r ... --I
Pennsylvania:
(I) Against
Defendant: Merrick Wilson, AKA Rick Wilson
1332 Moon Drive
Yardley, PA 19067
Direct the Sheriff of Bucks County to levy upon and sell the personal property of the
Defendant, Merrick Wilson, AKA Rick Wilson including all accounts, including all
savings, checking and other accounts, certificates of deposit, documents of title and
securities.
REAL DEBT
COST PAID:
Prothonotary
SHERIFF, Bucks County
$3,636.00
$ 15.00
($ 200.00) Deposit
~ Gill, Esquire
Attorney for Plaintiff
Quality Builders Warranty Corporation
325 N. Second Street
Wonnleysburg, PA 17043
(717) 737-2522
Attorney ID Number - 41532
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WRIT OF EXECUTION andlor ATTACHMENT
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COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 04-5140 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OFax::KS
To satisfy the debt, interest and costs due
COUNTY:
QUALITY BIDLDERS WARRANTY
CORPORATION, Plaintiff(s)
From PRESIDENTIAL HILL, LLC AND MERRICK WILSON, AKA RICK WILSON, 1332
MOON DRIVE, YARDLEY, P A 19067
(1) You are directed to levy upon the property of the defendant (o)and to sell LEVY AND SELL THE
PERSONAL PROPERTY OF THE DEFENDANT, MERRICK WILSON, AKA RICK
WILSON INCLUDING ALL ACCOUNTS INCLUDING ALL SAVINGS, CHECKING AND
OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, DOCUMENTS OF TITLE AND
SECURITIES.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNlSHEE(S) as follows:
and to notifY the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,636.00
Interest
Atty's Conun %
Arty Paid $386.75
Plaintiff Paid
Date: MAY 8,2006
1.1. $.50
Due Prothy $1.00
Other Costs
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name JOHN A. GILL, ESQUIRE
Address: 325 N. SECOND STREET
WORMLEYSBURG, P A 17043
Attorney for: PLAINTIFF
Telephone: 717-737-2522
Supreme Court ID No. 41532