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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.
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CURRENT CASE DOCKET -  CONTRACT LAWSUIT                    Next Document        Previous Document
CONTINUATION OF DEFENDANT'S VERIFIED COUNTERCLAIM

COUNT 5 – Fraud
94.
Defendant repeats and re-alleges each and every allegation contained in all paragraphs of this Answer and Counterclaim with the same force and effect as if set forth herein.

95.
Plaintiff's representative presented "Satisfaction Guaranteed" in the initial postcard Defendant received in the mail on or about Monday July 26, 2004. (Defendant's Exhibit "A")

96.
Plaintiff's representative implied “Satisfaction Guaranteed” on his business card Defendant received from Plaintiff's representative on or about the week of August 9, 2004.  (Defendant's Exhibit “B”)

97.
Plaintiff's contract presented to Defendant on August 23, 2004 states "the acknowledgment of the completion of the work, signed by the owner of said premises shall be sufficient notice that this contract has been satisfactorily completed by the contractor on the date there of in accordance with terms of this contract." (Plaintiff Exhibit "A")

98.
During spoken communication on August 23, 2004, Plaintiff's representative reiterated, "satisfaction guaranteed" before payment. (Plaintiff's Exhibit “A”)

99.
Plaintiff's representative's four (4) iterations of "satisfaction guaranteed" made verbally and in writing to Defendant are false statements. (Defendant's Exhibit “F”)

100.
The "satisfaction guaranteed" statements are false because Defendant is not satisfied and the reason Defendant is not satisfied is because all of the work in one aspect or another is unsatisfactory as previously outlined in Count 1 of Defendant's Counterclaim. (Defendant's Exhibit “C”, “D”, “E”)

101.
The "satisfaction guaranteed" statements concern a material fact of the contract in that they involve the entire work performed by Plaintiff. (Plaintiff's Exhibit “A”)

102.
Plaintiff's representative's complete lack of any effort to satisfy Defendant is evidence that Plaintiff's representative knew the statements were false at the time he made them. Actions speak louder than words. (Defendant's Exhibit “F”)

103.
Even though Plaintiff's representative knew the statements were false at the time he made them, Plaintiff's representative intended for Defendant to act in reliance on Plaintiff's false statements.

104.
Defendant reasonably relied on Plaintiff's representative's false statements and acted on them by signing the contract on August 23, 2004. (Plaintiff's Exhibit “A”)

105.
Defendant has suffered damages by relying on the false statements of Plaintiff's representative. Defendant is left with the wrong windows, substandard, unsafe and defective work, which Defendant must now pay to have corrected and he has to deal with a lawsuit from Plaintiff with unclean hands, that lacks any foundation whatsoever.

106.
For the perpetuation of this fraud against Defendant, Defendant asks this court for compensatory and punitive damages in any form Georgia law allows in an amount equal to the maximum amount allowable by law.

COUNT 6 – Conspiracy
107.
Defendant repeats and re-alleges each and every allegation contained in all paragraphs of this Answer and Counterclaim with the same force and effect as if set forth herein.

108.
Plaintiff's representative, John J. Tabor and Plaintiff's attorney, Jana B. Tabor, are acting in concert to perpetuate and cover-up the “Misrepresentation” and “Fraud” as demonstrated in Count 4 and Count 5 of this Counterclaim.

109.
Plaintiff's representative John J. Tabor provided the inducement of "satisfaction guaranteed" on the dates mentioned in the Fraud Count and other promises so that Defendant would enter into the contract. (Defendant's Exhibit “B”)

110.
Plaintiff's representative John J. Tabor provided work that does not meet the contract standards, breaching the contract on or about September 22, 2004. (Defendant's Exhibit “I”)

111.
Plaintiff's representative unilaterally decided the work was completed on November 2, 2004.

112.
Plaintiff's representative provided zero communication with Defendant between November 2, 2004 and December 15, 2004 so that it would appear to an outside observer that he had been attempting to satisfy Defendant during that time when in fact nothing with respect to the contract was happening except the passage of time.

113.
Plaintiff's representative John J. Tabor provided a verbal threat of litigation in person on December 15, 2004. Defendant and Defendant's spouse heard this threat.

114.
Plaintiff's representative placed a Mechanics and Materialmens Lien on Defendant's residence on January 4, 2005 without the knowledge of Defendant, and without providing a copy of the lien sent by certified mail or complying with any of the required laws regarding doing such an act.

115.
Plaintiff's representative John J. Tabor provided Defendant a written threat of litigation and knowledge of the Lien dated January 4, 2005. The written threat included an unlawful demand for $16,000.00, which he was not entitled to make and which Defendant received on January 6, 2005. (Defendant's Exhibit "F")

116.
Plaintiff's representative did nothing with respect to the contract between January 4, 2005 and June 13, 2005 so that it would appear to an outside observer that action was being taken to satisfy Defendant when in fact nothing with respect to the contract was happening.

117.
Plaintiff's attorney, Jana B. Tabor, provided the preparation of and filing of Plaintiff's unfounded lawsuit against Defendant on June 13, 2005.

118.
Each act by each player was and is carefully designed to further the conspiracy of utilizing threats of litigation, the passage of time, an unlawful lien and abusive litigation against Defendant for the purpose of covering-up and getting away with the Misrepresentation and Fraud in Count 4 and Count 5 contained in this Counterclaim.

119.
The acts of the conspirators represent a combined effort to commit an unlawful act (Fraud and Misrepresentation) and get away with it by using an unlawful means (abusive litigation).

120.
The combined acts of Plaintiff's representative and Plaintiff's attorney also represents a conspiracy to commit fraud against the Superior Court of the State of Georgia.  

121.
Conspiracy is a violation of the RICO Act.

122.
Defendant has suffered damages because of the overt acts of the conspirators.

123.
Defendant is left with defective, unsafe, and substandard work that will need extensive repair, an unlawful lien (Defendant's Exhibit “F”) encumbers the property and Defendant is faced with months maybe even years of fighting a groundless abusive lawsuit perpetuated by the conspirators.

124.
For the perpetuation of the Misrepresentation and Fraud committed by the conspiracy against Defendant between the husband and wife team of John J. Tabor and Jana B. Tabor, Defendant asks this court for compensatory and punitive damages in any form Georgia law allows in an amount equal to the maximum amount allowable by law.

COUNT 7 - Conspiracy to Commit Extortion
125.
Defendant repeats and re-alleges each and every allegation contained in all paragraphs of this Answer and Counterclaim with the same force and effect as if set forth herein.

126.
Plaintiff's representative, John J. Tabor and Plaintiff's attorney, Jana B. Tabor, are acting in concert to commit extortion against Defendant. The conspiratorial acts are the acts listed in paragraphs 109-117 of this Counterclaim.

127.
Each act by each player was and is carefully designed to further the conspiracy of utilizing threats of litigation, the passage of time, an unlawful lien and abusive litigation against Defendant for the purpose of pressuring Defendant into "satisfaction" and payment.

128.
In Plaintiff's representative's letter of January 4, 2005, Plaintiff's representative John J. Tabor, accused Defendant of "extortion" by claiming Defendant was attempting to "greedily...extort" extra work from him and his workers. (Defendant's Exhibit "F")

129.
As a matter of record, Plaintiff's attorney, Jana B. Tabor, Georgia Bar #058615, is an Official or Officer of the Court, and knew or should have known what is being done is unlawful.

130.
As a matter of record, the Federal Definition of Extortion is the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

131.
As a matter of fact, this Court regularly issues forth judgment to be executed by force if necessary by the Sheriff of Gwinnett County.

132.
Plaintiff's representative, John J. Tabor and Plaintiff's attorney, Jana B. Tabor, are using a legal method in an unlawful manner to demand $16,000.00 they have no claim on. This is attempted extortion against Defendant, by definition.

133.
Defendant has suffered damages because of these overt acts of the conspirators.

134.
Defendant is left with defective, unsafe, and substandard work that will need extensive repair, an unlawful lien encumbering the property and Defendant is faced with a groundless abusive lawsuit perpetuated by the conspirators.

135.
For attempted extortion by the conspiracy against Defendant between the husband and wife team of John J. Tabor and Jana B. Tabor, Defendant asks this court for compensatory and punitive damages in any form Georgia law allows in an amount equal to the maximum amount allowable by law.

COUNT 8 – Intentional Infliction of
Emotional Distress
136.
Defendant repeats and re-alleges each and every allegation contained in all paragraphs of this Answer and Counterclaim with the same force and effect as if set forth herein.

137.
During the course of work, sometime between October 18, 2004, and November 2, 2004, two (2) of Plaintiff's workers voluntarily offered to Defendant and Defendant's spouse the knowledge of the fact that each were ex-felons. One for a drug violation and the other for attempted murder. This act caused Defendant and Defendant's wife to feel very unsettled, unsafe and a great deal of consternation. Not only because these two particular men had access to their home but because these were the same workman that were building the deck and slab of which Defendant was having serious problems over the way the deck and slab were being built. There were many confrontations over the work, confrontations that included harassing comments regarding the Defendant's wife.

138.
Plaintiff was made aware of the confrontations and Defendant's concerns and Plaintiff deliberately made no effort to replace the workmen with others more competent to perform the tasks, and deliberately did not correct the workmen’s mistakes and this made for a hostile and stressful experience for Defendant and Defendant's wife.  

139.
Afterwork stopped uncompleted on or about November 2, 2004, Defendant did not hear from Plaintiff's representative until December 15, 2004. During this time Defendant was left with a real mess in the yard, and wondering if the work would ever be done. The mess and uncertainty caused severe anguish and embarrassment for Defendant.

140.
In the afternoon of December 15, 2004, Plaintiff's representative, John J. Tabor appeared in Defendant's backyard with no warning or heads up that he would be there on that day.

141.
Defendant assumed Mr. Tabor was there for the walk through that he promised and so the work could be completed, things fixed, and the yard cleaned up.

142.
Five(5) minutes into the discussion of the work, Plaintiff’s representative John J. Tabor, became very hostile and rudely burst out saying, "I don't have to put up with this bullshit."

143.
Plaintiff's representative's John J. Tabor's cursing was clearly heard by Defendant's wife and his hostility was witnessed by Defendant's 93 year old mother which caused both women to become afraid for their safety.

144.
Plaintiff's representative, John J. Tabor, then stormed off yelling his threat, "I will see you in court."

145.
This threat caused both Defendant's wife and Defendant's mother to feel severe intimidation and worry. Defendant was concerned and is concerned for the safety and well being of his mother and wife due to admission of Plaintiff’s workers and the irrational behavior of Mr. Tabor, as it indicated he clearly is unstable, and these events have distressed the Defendant greatly.  

146.
Defendant's 93 year old Mother, whom Mr. Tabor already knew was prone to anxiety over the remodeling work, now feels extremely vulnerable and concerned that harm might come to her or her home and she would have no place to live but in a nursing home.

147.
This fearful condition continues even now as this situation is still unresolved causing Defendant's Mother to have extreme high anxiety making her concerned with her safety on the unsafe deck, and afraid when the doors and windows are not locked and blinds drawn.  

148.
Plaintiff's representative John J. Tabor knows or should have known that his conduct was clearly outrageous, performed with reckless disregard for the feelings of others and designed specifically to cause Defendant and Defendant's spouse severe emotional distress.

149.
Plaintiff's representative’s letter of January 4, 2005, (Defendant's Exhibit "F") first indicates he has placed a lien on Defendant's residence. As indicated previously this was done with no regard for the law and is an unlawful act among many perpetuated by Plaintiff's representative to instill fear of loss and helplessness on his victims. Certainly Defendant and Defendant's wife are concerned about this and so is Defendant's Mother.

150.
Plaintiff's representative then proceeds to state a laundry list of unfounded accusations all directed at not only Defendant but also Defendant's wife. The list of name calling toward Defendant and Defendant's wife is enormous and clearly not intended to achieve a settlement of the issues, but rather to intimidate Defendant into accepting poor work, and to feel somehow unworthy of “good work”and his dilapidated house is unworthy of a decent job of home improvements. The letter is also meant to have a chilling effect on any thought Defendant might have of winning in a court battle.

151.
Plaintiff's representative's letter is intentional, specifically designed to prevent Defendant from achieving "satisfaction.”

152.
Plaintiff's representative's letter is deliberate and is designed to create fear, lower self-esteem, humiliate, injure, degrade, smear, belittle, demean, debase, make us feel lower in social class, cheapen, put down, remove any dignity Defendant or spouse has, mortify, vilify, slander, befoul, blacken, denigrate, stain, sully, etc., etc., etc.

153.
Plaintiff's representative knew or should have known his letter is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and is to be regarded as atrocious, and utterly intolerable in a civilized community.

154.
Plaintiff's representative's letter and his conduct on a personal basis is the direct cause of extreme emotional distress on the part of Defendant and Defendant's spouse.

155.
Defendant and Defendant's family have suffered severe emotional distress because of Plaintiff's representative's actions, the actions of his workers and the whole ordeal, with the distress now continued for seven months and will continue for as long as the situation is unresolved or until settled by a trial.

156.
For the perpetuation of this Intentional Infliction of Emotional Distress perpetuated against Defendant and Defendant's family, Defendant asks this court for compensatory and punitive damages in any form Georgia law allows in an amount equal to the maximum amount allowable by law.


COUNT 9 –Recoupment
157.
Defendant repeats and re-alleges each and every allegation contained in all paragraphs of this Answer and Counterclaim with the same force and effect as if set forth herein.

158.
Defendant is entitled to a deduction from the amount, if any, owed to Plaintiff for the reason that Plaintiff has not complied with its obligations arising under the contract upon which this legal action is brought.

159.
Defendant's damages to repair or replace far exceed the contract price of $16,000.00. The amount of damages to which Defendant is entitled will be proven at trial.


COUNT 10 – Attorney Fees
160.
Defendant repeats and re-alleges each and every allegation contained in all paragraphs of this Answer and Counterclaim with the same force and effect as if set forth herein.

161.
Defendant prays for recovery of his reasonable attorney fees and cost of litigation by reason of the Doctrine of Estoppel, and that Plaintiff has not complied with its obligations arising under the contract upon which this legal action is brought.

162.
Plaintiff has misused the Civil Justice System by replacing “good faith” problem resolution with threats of “Extensive Litigation” and then carried out those threats with unclean hands in an act of “Bad Faith“ and maliciousness.

163.
Plaintiff's representative by making materially false and misleading statements and omissions has breached its duty of good faith and fair dealing causing Plaintiff's own damages with its own negligence.

164.
Defendant does not believe this is, and will be an isolated case, and because of the extreme nature and extent of the damage caused by the unlawful conspiratorial acts of Plaintiff, by and through its representative, John J. Tabor, and Plaintiff's attorney, Jana B. Tabor as outlined in Counts 1 through 8 an award of attorney fees and costs of litigation can be justified.

165.
Defendant is entitled to the recovery of his attorney fees and other costs of litigation on account of Plaintiff being stubbornly litigious, Plaintiff's claims being brought in Bad Faith and for the purpose of harassment, and intimidation of Defendant

166.
The amount of the recovery of attorney fees, litigation expenses and other costs to which Defendant is entitled will be proven at trial.

Prayer For Relief
167.
WHEREFORE, having fully responded to the Complaint, Defendant prays for the following relief against Plaintiff as follows:
1.      That Defendant's defenses be sustained;
2.      That Plaintiff's Complaint be dismissed with prejudice;
3.      That all costs be taxed against Plaintiff;
4.      That all Defendant's counterclaims are sustained;
5.      That a recommendation be made for a full investigation by the District Attorney and the Office of the Secretary of State, for the protection of the good citizens of Gwinnett and all of Georgia;
6.      For an award of general, special, consequential and/or continuing money damages from the Plaintiff, plus prejudgment interest thereon, according to proof or by operation of law;
7.      For an award of actual, compensatory, exemplary and/or punitive money damages pursuant to O.C.G.A. 51-12-5.1 to the extent allowed by law and in an amount according to proof;
8.      That Plaintiff pay Defendant's reasonable attorney's fees and cost of suit expenses pursuant to O.C.G.A 13-6-11 or any other applicable statute, on account of Plaintiff's being stubbornly litigious, Plaintiff's claims being brought in bad faith and for the purpose of harassment of Defendant and as otherwise may be allowed by law; and
9.      That Defendant have such other and further relief as the Court deems just, and proper.


Demand For Jury Trial
Defendant hereby demands trial by jury on all issues triable by right to a jury.


Respectfully submitted this ____ day of July 2005.


_____________________________
Ron McKinney, Defendant Pro Se
4083 Red Laurel Way
Snellville, GA  30039
770-979-1254



Sent to: Jana Tabor, Attorney for Plaintiff
Barrickman, Allred & Young, LLC
5775 Glenridge Drive
Building A Suite 100
Atlanta, GA  30328   404-252-2230

Incl.
Verification
Certificate of Service
Defendant's Exhibits and Affidavits as listed below.



Defendant's List of Exhibits


Exhibit A    Copy of  Postcard
Exhibit B    Copy of  Business Card
Exhibit C    Copy of  Defendant's Letter #1 December 20, 2004
Exhibit D    Copy of  Defendant's Letter #2 January 3, 2005
Exhibit E    Copy of  Defendant's Letter #3 January 14, 2005
Exhibit F    Copy of  Plaintiff's Rep. John J. Tabor's Letter dated January 4, 2005
Exhibit G   Copy of  Deck Additions to a Home - Building Permit Requirements
Exhibit H   Copy of  Building Additions to a Home-Building Permit Requirement
Exhibit I     Copy of  Ted Lansing Window Labels
Exhibit J     Copy of  Ted Lansing Delivery Slip - Siding Materials
Exhibit K   Copy of  Home Depot Delivery Slip - Wood Materials



Defendant's Affidavits


Affidavit Exhibit “A”through Affidavit Exhibit “K”

IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.,   )
       Plaintiff,                                     )      Civil Action File No.:  
v.                                                      )           05A06942-8
RON MCKINNEY,                              )          filed July 20, 2005
      Defendant.                                  )



VERIFICATION

I, Ron McKinney, certify that I have read the foregoing ANSWER AND COUNTERCLAIM and that to the best of my knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or a needless increase in the cost of litigation. All facts plead therein are herein incorporated.


_____________________________
Ron McKinney, Defendant Pro Se
4083 Red Laurel Way
Snellville, GA  30039
770-979-1254


State of Georgia,
County of Gwinnett

BEFORE ME personally appeared, Ron McKinney who, being by me first duly sworn and identified in accordance with Georgia law, did execute the foregoing in my presence

This ____ day of ____________ 2005,

__________________________
Notary Public
My commission expires:




IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.,   )
       Plaintiff,                                     )      Civil Action File No.:  
v.                                                      )           05A06942-8
RON MCKINNEY,                              )          filed July 20, 2005
      Defendant.                                  )


CERTIFICATE OF SERVICE

UNDER PENALTY OF PERJURY, I CERTIFY that a true and exact copy of  DEFENDANT'S ANSWER AND COUNTERCLAIM was provided to Plaintiff's Attorney at the address listed below by depositing the same in the United States Mails, with sufficient postage thereon

this ______ day of July 2005.


_____________________________
Ron McKinney, Defendant Pro Se
4083 Red Laurel Way
Snellville, GA  30039
770-979-1254


Sent to: Jana Tabor, Attorney for Plaintiff
Barrickman, Allred & Young, LLC
5775 Glenridge Drive
Building A Suite 100
Atlanta, GA  30328
404-252-2230


















































































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