Pennsylvania Compliance Issue Needs an Explanation

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21

Originally Posted By: Guest
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jfarsetta wrote:
Joe Kelly,

Just like a bad penny, you always seem to turn up.

Only problem is that no one really cares what you are saying. The more things change, the more they stay the same, apparently.

See you in court, babe...





I care.

Jim Morrison
The Kinder, Gentler Inspector
22

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.


Dude,


You're back. And, all th way from Massachusets. Wow, you really DO care... Unfortunately, its about an issue that doesnt affect you... ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif)

--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

23

Originally Posted By: rwand
This post was automatically imported from our archived forum.


If the document is official wouldn’t it have a seal embossed on it which would come through on a photocopy?


Seems if the so called document is fake and is erroneous would this not be grounds for Defamation, and fraudulently using a forged document. I am sure there must be statutes on the books dealing with these sort of issues?

Raymond Wand
Alton, ON

24

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


As a matter of fact, I have recently analyzed the Featured Member List for another purpose and put the results in the members only area.


But, hey I'll put em here to.

![](upload://8cIkEVmnu3TQeQAbjaOi4rRrAnV.jpeg)

Hope that answers some questions.

How dare that dang little upstart NACHI trying to deny the PHIC members ability to collect $24,500 from each new inspector with their RAMP (Ride Along Mentoring Program). Of course that was a couple of years ago, and I don't know if they've come to their senses yet. (don't really care etiher)

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com

25

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.


, and addressed to your attorney, one Phillip Berger, Esq. The letter was written by Jim Munnis, and is telling, indeed.


It was written in response to his receipt of your ?Ten Day Letter?, and it will help to shed some important light on this rather confusing matter. For my fellow NACHI, and even non-NACHI members, things aren?t always as they seem, just because a ?judgment? is entered; that being especially true if said judgment was based upon false information or lack of proper procedure.

The aforementioned letter speaks volumes. In it, Jim Munnis informs your counsel that he has never seen nor has he ever received a copy of the complaint. He, therefore, was never served. He then goes on to state that NACHI had never been served. His final sentence was to advise you that the Ten Day Letter was improper, and that you should not proceed to attempt to obtain a default judgment.
So, what does this all mean? Let?s peel the onionskin back a bit, shall we?

In your post, you stated the following:

Quote:
It has taken until now, almost a full six months, to be able to deliver this complaint because the physical addresses given by NACHI, 1220 Valley Forge RD, and 518 Kimberton Rd., are mailbox facilities. After numerous attempts the Sheriff?s department was unable to locate a physical address for this cyber-space organization. A recent volley of email communications between Mr. Gromicko and myself, last weekend, gave us the authority to serve his attorney, which has now been done.


Now, based upon the letter written to your counsel, in April of this year, such service was never, in fact performed. This brings into question how you convinced the presiding Judge proof of service.

The language of Jim Munnis' letter, in fact, spells this out quite clearly, as he states that he does not represent NACHI in the defense, as I believe that (according to PA law) a defendant must first be served, then the attorney must enter his appearance in order to represent said defendant in a case. This explains Jim?s opening line in his letter.

Further shedding doubt on your post and claim, is that Mr. Munnis is an Officer of the Court, and in his letter he states that he has never been served. As you claims run contrary to Mr. Munnis? assertions, I have to wonder why it seems as if you lied with regard to the chain of events and what, are in fact, truthful statements in the matter. I believe we deserve an explanation from you.

Finally, there is a simple means by which you can prove to all of us at NACHI what kind of a truthful and upstanding guy you really are. That is, post proof of service. Yes, that?s all it will take. SHOW US that Nick Gromicko, NACHI, or Jim Munnis were served. I challenge you. No, better yet, I demand it. I do so with the same authority you have given yourself in demanding that NACHI proves compliance.

Once again, Joe Kelly... if you have proof of service, which I believe must be made by the Sheriff, post it on this very message board.

Your post has already been proven to be riddled with falsehoods. What else is bogus with regard to this case and declaratory judgment? Prove that NACHI is legitimately in default. Prove that we failed to answer, because we simply didn?t, and not because we weren?t properly served papers.

Your judgment against NACHI is based purely upon procedural issues, and a lack of response. It?s style without substance. Now, verify that you followed the correct and required procedure to gain your temporary and empty victory.

I dare you.

--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."
26

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


ASHI member Joe Kelly (yes, I’m going to refer to him as the ASHI member he is until ASHI kicks him out) told the whole inspection industry on this message board that he served our attorney Jim Munnis.


We have a letter from Jim Munnis (an officer of the court) denying that he and NACHI ever received service. This is why we can't find the complaint in the court house. He has no proof of service. Believe me, if he did... it would be posted here for all to see.

--ASHI member Joe Kelly lied to legislatures in the past and got caught (which is why PA's current home inspection law makes no reference to PHIC).

--ASHI member Joe Kelly lied to legislatures again recently and got caught (which is why ALL subsequently proposed PA Home Inspection ammendments make no reference to PHIC).

--ASHI member Joe Kelly lied to the Attorneys General in multiple complaints against NACHI (which is why PA's Attorneys General threw out all complaints against NACHI).

--ASHI member Joe Kelly lied to home inspectors in PA when he told them they had to join ASHI to work in PA (no such law).

--ASHI member Joe Kelly lied to our President Joe Hagarty when he agreed to drop their suit if we dropped all of ours (which we did).

--ASHI member Joe Kelly lied to the Judge when he said we were served with his complaint (which we wern't, we still have yet to receive it).

--ASHI member Joe Kelly lied to certain home inspectors in emails saying we don't have members in 10 states.

--And now ASHI member Joe Kelly lied to the entire inspection industry on this message board saying that he served us (which we now have proof he didn't).

He is a liar.

As long as NACHI refuses to join PHIC, PHIC is nothing and PHIC cannot bilk the inspectors (as Erby Crofutt points out). I promise all PA inspectors that we will not join PHIC... not then, not now, not ever. And we certainly do not recognize their authority to demand any answers from the world's largest home inspection association... NACHI.

Nick

PS. To our message board visitors: NACHI is often criticized for having an unmoderated message board which permits liars to post lies. They say we should be like other message boards, editing other's posts, deleting threads, locking down certain threads, banning certain inspectors, etc. I say never. We allow the likes of Joe Kelly to post here because this is the last place left where the truth (and lies) can be uncovered. Furthermore, we accept no paid advertising and cut no side deals at NACHI, which keeps us free. Enjoy this freedom of speech. It is rare and precious... and we will continue to protect it... even for Mr. Kelly.

27

Originally Posted By: Guest
This post was automatically imported from our archived forum.


OPEN LETTER TO JOE KELLY:


Thanks for your efforts and please keep us up to date as this plays itself out in court.

Jim Morrison

28

Originally Posted By: Bob Badger
This post was automatically imported from our archived forum.


gromicko wrote:
PS. To our message board visitors: NACHI is often criticized for having an unmoderated message board which permits liars to post lies. They say we should be like other message boards, editing other's posts, deleting threads, locking down certain threads, banning certain inspectors, etc. I say never. We allow the likes of Joe Kelly to post here because this is the last place left where the truth (and lies) can be uncovered. Furthermore, we accept no paid advertising and cut no side deals at NACHI, which keeps us free. Enjoy this freedom of speech. It is rare and precious... and we will continue to protect it... even for Mr. Kelly.


A little off topic but as a visitor I would like to say thank you for keeping the forum open and free.

IMO this makes it one of the best forums going, this type of thread proves that, everyone can make their own decisions about who is telling the truth and who is full of BS.

Thanks for allowing non members here, Sincerely, Bob

--
Bob (AKA iwire)
ECN Discussion Forums
Mike Holt Code Forum
29

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


Bob:


Good post for this Memorial Day weekend.


Nick

30

Originally Posted By: rray
This post was automatically imported from our archived forum.


jfarsetta wrote:
Just like a bad penny, you always seem to turn up.

![icon_question.gif](upload://t2zemjDOQRADd4xSC3xOot86t0m.gif)
I never learned that one and don't understand it.
Can someone explain it to me?

--
Home inspections. . . .
One home at a time.

31

Originally Posted By: rray
This post was automatically imported from our archived forum.


have members in 10 states.


I looked at Erby's membership list, analyzed it by running it through some statistical analysis software, and here's what I found out:

2/ 8/04 - 48 states, District of Columbia, Canada
5/20/04 - 50 states, District of Columbia, Canada

I had to do some manual adjusting, however, because the software is old and I have not upgraded it for today's world. It still thinks that California, New York, Florida, and Texas are states of mind.

So, in order to know if we have members in 10 states, we would have to know which 10 states we are talking about.

![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif)

--
Home inspections. . . .
One home at a time.

32

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.


Now, THAT’s funny…

–
Joe Farsetta


Illigitimi Non Carborundum
"Dont let the bastards grind you down..."
33

Originally Posted By: Scott Patterson
This post was automatically imported from our archived forum.


Every coin also has two sides!


I would think that if a person was in contempt as was stated by Nick that this person would be under the jail.

I thought the PA law was changed so that it did not matter what origination a person was a member of.

34

Originally Posted By: jmyers
This post was automatically imported from our archived forum.


Jim M,


Is there something you would like to share with us, that our membership is currently unaware of?

Maybe like Joe Kelly, you were unaware that the PHIC has absolutely no authority in the state of PA to do anything that any ordinary citizen can not do. ![icon_biggrin.gif](upload://iKNGSw3qcRIEmXySa8gItY6Gczg.gif)

I don't think that anyone here has any problem what so ever with playing but lets play by the rules, after all, they are there for everyone's protection.

Scott,

I am sure that the NACHI attorney is right now looking into that, along with the falsification of documents.

Joe Myers

35

Originally Posted By: rray
This post was automatically imported from our archived forum.


jmyers wrote:
the NACHI attorney is right now looking into that

Surely we can let him have off Sunday and holiday Monday. ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif)

--
Home inspections. . . .
One home at a time.

36

Originally Posted By: jremas
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I was wondering what happened to the membership section of the bbs? I am finding some of the threads spread out. What happened?

–



Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598
37

Originally Posted By: rray
This post was automatically imported from our archived forum.


For example?

–
Home inspections. . . .


One home at a time.


38

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


state of compliance but rather only NACHI’s former state. And he failed to mention that the judge didn’t order NACHI to do anything nor did she order NACHI to stop doing anything. And of course he failed to mention our motion to reopen and our motion to strike.


Anyway... the Pennsylvania Association of REALTORs (PAR) put out a letter of support of NACHI to all REALTORs in PA warning them about this guy and his emails.

http://www.nachi.org/par-statement.htm

Nice job PAR. THANK YOU! ![icon_biggrin.gif](upload://iKNGSw3qcRIEmXySa8gItY6Gczg.gif)

--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

39

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


Maybe Jack Maline’s real name is spelled Malign as in http://dictionary.reference.com/search?q=malign


![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif)

--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

40

Originally Posted By: jremas
This post was automatically imported from our archived forum.


icon_biggrin.gif