To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
AFFIDAVIT FROM RON MCKINNEY, REGARDING PLAINTIFF'S ACTS OF DECEIT
June 7, 2006
AFFIDAVIT OF RON MCKINNEY
STATE OF GEORGIA
COUNTY OF GWINNETT
Personally appeared before the undersigned officer authorized to administer oaths, comes Ron McKinney, who after having been duly sworn, deposes and states:
I am over the age of 21 years and I am the Defendant in this action. I reside at 4083 Red Laurel Way, Snellville, Georgia in Gwinnett County. I am of sound mind and body and have personal knowledge of the matters stated below.
I was induced to sign a contract with John J. Tabor and his corporation Insulated Wall Systems, Inc. by false and misleading statements and untrue representations and claims he made about his company, the professional skill level of his workmen, the professional quality of services he offered, the character of products he was offering, the status of insurance coverage he carries to protect me, his dispute resolution policies, the product warranty and guarantees offered by his corporation, and commitments he personally made that the work they do is done properly and to meet the requirements of the building codes, among other things.
John J. Tabor deceived me when he told me I did not have to pay until I was satisfied with the work. John J. Tabor knew I was relying on this statement when I signed the contract. I am not satisfied with the work because it is defectively done. No extra work was done to satisfy or correct any of the defects in the work. I had the work inspected by a Certified Professional Engineer and his report is in the courts file.
John J. Tabor deceived me when he made representations that he knew were false and misleading regarding the meaning and applicability of certain clauses in his contract that he knew I was relying on.
John J. Tabor told my wife, Robyn and I that a certain sentence in his contract that he now claims by way of his affidavit to have authored and inserted in his contract applied to this sale. He claimed that it was for my protection, that it was there to make sure that I was satisfied with the work before I would have to pay. He claimed that until I signed off on the work, I would owe nothing. He claimed that I would be asked to sign off on the work and pay only after he and I did a walk through of the work and we created a punch list of what still needed to be done, and that only after all things on the list were fixed to my satisfaction, would he ask to be paid. I believed what John J. Tabor said and agreed to sign the contract because of it. These events did not occur after I made my complaints known to John J. Tabor.
John J. Tabor?s claims seemed reasonable to me, because he had sent me a post card in the mail that advertised he was offering ?Satisfaction Guaranteed? and ?Quality Work? and the claims he made in person were the same and he seemed sincere about them. He had provided us references, and we called his references and we checked to see if his corporation was real, and we visited a job nearby that he claimed to have done.
John J. Tabor?s claims were the same as those offered to me by Sears and Home Depot. I specifically asked him if his ?Satisfaction Guaranteed? meant the same as theirs, and he said yes.
John J. Tabor crossed off other sentences in the contract to show that they did not apply and he specifically did not cross off that sentence. I have personally seen other contracts that he signed with customers of his corporation that were cash sales and he did not cross off that sentence on those contracts either.
I have personal knowledge regarding this matter and will be able to testify at a trial to all things stated in this affidavit.
FURTHER AFFIANT SAYETH NOT.
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