December 15, 2006

Subject:  An open letter to SAHBA attorney Marc Simon of Snell and Wilmer

Title: Why is your greed and indifference allowed to ruin good families?

"What happens when two inibriated Canadien weasels fornicate?  The results is another weasel lawyer named Marc Simon!  The apple, throughout the history of time has never fallen far from the tree."

Mr. Simon:

During January of 2001, you filed a merit less and legally inappropriate lawsuit against my entire family on behalf of L.J. McCreary and McCreary Homes.  Obviously the act of filing an immoral law suit has nothing to do with having even an ounce of character or integrity.  Did you consider that your actions would lead to a family losing their home, their land, their credit ratings and their dreams?  Did you consider the ramifications on my children’s hopes and dreams?  I am sure you didn’t because you chose to be branded as a stupid hollow human being because of your wanton lust for money, greed and power.
You and your client wanted complete and final payment for inferior, incompetent and fraudulently defective work that was still present at the time of you filing.  Prior to this happening, three Registrar of Contractors (ROC) complaints and inspections had been performed on our house with a total of over two hundred and twenty items that were listed as defects.  Some of these problems were small, but many were incredibly huge problems with the basic integrity of our home’s building structure quality in question. 

At the time of your filing we had numerous and major issues of defective building items that your client L. J. McCreary refused to fix. We still had water infiltration coming from our upper master bedroom porch which directly emptied below and into our southern garage wall. The wall and window frames had buckled, the dry wall was ruined and the insulation had been soaked with the presence of mold growing an ever growing threat.  Water was also infiltrating under our garage door and flowing inward because of an incorrect slope that was poured by illegal aliens that worked for McNary Concrete and McCreary Homes.  The kitchen island that was designed and built by Tam Newell and Arizona Kitchens and Designs, had been so dangerously built and unstable, we did not use it until it was stabilized and waited almost four months for the island to be replaced.

And where was Dennis Rosen after the law suit was filed; MIA?

But that was not all; there was so much more.  A knowingly factory in the crate, pre-damaged heat pump had been fraudulently installed on our roof by Blaine Seymour of Andros Refigeration and personally approved by L. J. McCreary himself along with incompetent supervisor with five months construction experience, Ray Quentarro, with the intent that we would discover the problem months later when funds had already transferred. 

Even our front door, the door which we would welcome guest into our home, was defectively built by Southwest Door Co., allowed wind, dust, dirt, pollen, cold and cow shit dust to enter directly into our great room because of large spaces between the defective wood panels.  Whoever heard of a door that you could see through the middle of the structure?  I had never seen or heard of such negligence, incompetence and attention to detail in my life. 

The last Registrar of Contractors inspector that examined our house in fact called the door a piece of junk. L.J. McCreary charged us an incredible mark up amount and fraudulently marked up this door to a ridiculous price and insisted that we pay him over three thousand dollars for such a piece of junk that originally cost two thousand dollars from Southwest Doors.
Mr. Simon, before deciding to file this bogus lawsuit, did you even ask L. J. McCreary if there was an actual problem with the quality of his work?  Why would a home owner not agree to pay ten percent of construction cost and file multiple ROC’s complaints if there was indeed no problem?  Do you think home owners just out of the blue decide to file with the ROC for the fun of it?  You both flatter yourselves to think after the initial problems with L. J. McCreary and McCreary Homes in April 2000, that we would ever want to associate with him ever again if it wasn’t absolutely necessary?   Why didn’t you call us Mr. Simon and ask if you could see the defective building that we were forced to live with because of your client’s arrogance and incompetence.  Did you care?  Did the truth matter to you Mr. Simon or was this just another chance to create a bogus law suit because of your billable hour greed?  In the end you ruined a good family because your greed was more important than my children’s need for a home. I sometimes fantasize how different our lives would be if you and your phucking little dick client, both alike, had not chose to become such incompetent guardians of morality!

Shouldn’t the oath of liar be to respect the concept of the rule of law, along with honesty and morality?  Mr. Simon, you do not even know how to spell the words integrity and morality; you phucking ex-Canadian moron!

I have numerous Canadian relatives and trust me you little McCrary ass kissing for the money, mother phucker; they are nothing like you.  The relatives that I have in Canada are honest people who would not sell their integrity like you for the chance to lathch onto the SAHBA building bonanza for profit scheme. 

Could you imagine how good this country would have been if SAHBA promoted a cost structure that involved cost plus an honest profit?  Opps.... I forgot that SAHBA should stand for The Southern Arizona Home Building Assholes for republican greedy profits!

Did it ever occur to you Mr. Simon that with your law degree you could have done so much good for your fellow man?  Where did your conscience disappear to when truth, honest debate and family’s home was at stake.  Unfortunately, you developed that cold calling lust for cash.  When did you decide that at any cost to my family’s welfare, including your self respect, you would only litigate against your fellow man and their families because of your deep lust for money, power and greed when you decide to throw away the concept of truth, which you, now longer mattered?  

How long Mr. Simon, have you subscribed to the Gordon creed that “greed is good?”  How long has your heart been this cold toward the welfare of you fellow man?

As legal counsel for SAHBA, “The community builder,” or as some of us know on the other side of the fence as “The association that phucks over the community,” you were in the enviable position of protecting yours and SAHBA’s greedy interest.  Mr. Simon, were you the person responsible for drafting SAHBA’s “certified custom home builder” program which advocates such high fictional standards that its association does not police or subscribe to any of the advertised attributes?  Mr. Simon, is your personality and character based on deception?   Mr. Simon, why are you still a suck up, sanitarium based brained, SAHBA life board member?  Haven’t you done enough harm to the community to last a lifetime with our rape alone?

Mr. Simon, I have traveled to Canada quite extensively, including the province of Nova Scotia and I have found the people to be progressive and Democratic in their ideals.   Since you support and have worked for a right wing conservative association by choice; were you asked by your community to leave Canada and relocate to the United States as a young man?  Did you come to this country to find your fortune like many republican whores of pursuit/?  Did you find your fortune with SAHBA and Arizona real estate? 

Mr. Simon, you seem to fit in very nicely with the rest of the Caucasian race in America that possess the propensity to lie, cheat and steal.  Is that why you came to the States?  Please allow me to wish you a belated welcome to the United States.  We have such an incredible phucking shortage of people who do not lie, cheat and steal.  We as a country are always so short of soul less lawyers like you to add to America’s dysfunctional character mix and social psychopathic ambiance.

We as a country are burdened by so many honest American people of integrity that it just isn’t fair to the rest of the world; yeah.... when pigs fly upside down at supersonic speeds!

Americans are programmed at birth to lie, cheat and steal for a lifetime! 

What a fine moralistic epitaph to put on your marble tombstone one day Mr. Simon, “Here lies a jewish Canadian prostitute (lawyer) that could not stop himself from putting his hand out and saying the mantra; more billable hours please.”  And just like a regular whore, you as a legal prostitute, could never say no to when legal tender was the prize for such behavior.  Such a fine specimen of a human being!

During the spring of 2000, we personally contacted you Mr. Simon and explained our situation and problems we were experiencing with a local Tucson builder.  We did not mention who the builder was during a conversation that my wife had with you.  The SAHBA backed builder and his sub-contractors which included illegal alien workers that had drank alcohol and smoked marijuana on the job, consistently performed sub-standard work along with the fact that the project was months behind schedule due to incompetence.  Your recommendation to us Mr. Simon was that we should retain a lawyer and sue the builder, McCreary homes for breach of contract.  That seemed reasonable to me, but that is not what I desired.  I wanted to have my house built correctly and I wanted to move in as soon as possible and begin our new life.

It must have been early January, 2001 when Little John McCreary of McCreary homes retained you to file a lawsuit against our family.  We had contracted with McCreary Homes to have a custom home built and we were with holding the last ten percent of the home cost due to the house being defectively built.  You Mr. Simon, being the fine upstanding lawyer that you are, jumped at the chance for additional legal work and billable hours and agreed to file a lawsuit on McCreary’s behalf.  So in late January, 2001 we were served with papers for a lawsuit filed by you and on behalf of McCreary Homes and while all of this was occurring, we were trying to have our house fixed. 

Now never mind that six months earlier, you Mr. Simon, advised us to file a lawsuit against McCreary Homes because of the building defects and behind schedule construction.  I guess that truth and justice does not matter in your profession as long as greed is the top motivator of choice from people like you with out conscience.

Truth and justice do not matter to you; only money matters.  Mr. Simon, you are such a legal whore because your scruples are based on only greed, and not justice.

The Registrar of Contractors (ROC) was about to perform there third inspection complaint on the house when we were served, and this was after seven separate complaints had been filed against McCreary and four other of his incompetent sub contractors.  We had no choice to but to file complaints against McCreary and his sub-contractors since they refused to fix the mess that they started at our house.  McCreary even called his sub-contractors and demanded that they not do any work on the house in spite of our calling these contractors to competently complete their work. 

Between the combined ROC inspections, there were a total of over 220 defects that were listed as problematic by the ROC inspectors.  This was our one chance at building our dream house and all of the incompetent bastards including you, all so called legally phucked it up so terribly.

And I know, you don’t even phucking care!  

Maybe it was the use of illegally aliens and incompetent supervision in the end that contributed to this house being so phucked up.  The house was just thrown together without any thought to using competent workers or the long gone concept in Arizona of producing a quality product for the consumer while overcharging the person for the honor of it all.

So Mr. Simon if this had been your custom home being built, would you have quietly accepted this nightmare?   Would you have just grinned and bear it?  Would you just have handed over your money and let McCreary walk away, like a thief in the night?   Why would you defend a person if that same person built a defective house for you, and because of your defective house, you would not defend or accept him or his product against your self.  But as long as it wasn’t your home, you didn’t have a problem filing a lawsuit and defending him against my family and our defective house.  You phucking greedy hypocritical whore!

Mr. Simon, so what is your definition of a legal prostitute or whore?  I am sure you know the answer to this riddle?  Please look in the mirror Mr. Simon.  Could the answer simply be an attorney called Marc Simon, a SAHBA life board member?

Does it seem odd that you would advise a builder and a home owner to both file lawsuits against each other over the same house?  Is it possible Mr. Simon that you did not care who was right or wrong, what was just or unjust concerning this issue?  Mr. Simon, are truth and justice even present in your vocabulary?  Why Mr. Simon did you not ask to come to my home and ask to see the problems that were present in my house.  No, you did not any such thing since that would take away your excuse for a lawsuit and billable hours.  You blindly and by design didn’t care what the truth was.  You can’t handle the truth, but you sure can handle money! Such a whore!  

If you discovered the truth then in good legal conscience, you would not be able to file a lawsuit against us because it would be a merit less and frivolous lawsuit to begin with and you know it.

Mr. Simon, in your rare quiet moments of conscience, do you feel any remorse for the damage that you have caused my family?  Do sharks feel any remorse after the kill, or is it all about personal satisfaction? People like you never feel remorse for your pursuit of greed.  You Mr. Simon are like the Old West gun slinger that was hired for his gun and not his conscience or brain.  The reason that the wealthy rancher owners would hire the gun slinger did not matter.  The innocent people that got in way and were hurt did not matter.   The only issue that mattered was money.   

Some things in life like lawyers without ethics or conscience can only be described as ugly.

All you had to do Mr. Simon to diffuse this situation was come out and see our home and see the defective construction and advise McCreary to fix the house to SAHBA’s “certified custom home builder” standards and the whole problem would melt away.  Yes, Mr. Simon it was that simple but you could not help yourself from becoming once again a SAHBA certified sponsored, legal douche bag.

One Lawyer that was representing McCreary , an English accented gentleman, after seeing our house commented to McCreary; “Why don’t you just fix it?”

But Mr. Simon, I understand, you did not want a potential payday bonanza to just go away on its merits alone; did you?  You like it when people have conflict.  You like it when builders build defective homes.  You like it when home owners become indignant with the most important investment in their lives.  You don’t care because you are planning on getting paid no matter what; right?  And you wonder why lawyers like yourself are considered lower that human gutter pooled, feces mixed puke!

Mr. Simon you are living proof that two legged snakes are part of the desert southwest montage.  Snell and Wilmer must be so proud of hiring gutless morons like you and Bill Poorten?

Mr. Simon your main motivation was money and just like most lawyers, you could not help yourself from acting in a whore like manner; couldn’t you?   Oh, such shame on a once honorable profession that might have existed a couple of hundred years ago.

So Mr. Simon your lawsuit continued and I had the unfortunate bad luck once again to choose a lawyer named Dennis Rosen who was just like you.  In fact I latter found out from Rosen that you both hate each other; isn’t that special?  I choose a lawyer that was more interested in fighting with you than he cared about protecting our rights and our home.  So how did you feel about your rivalry/ 

Unfortunately for us, you Mr. Simon must have had more lucrative cases to be bilked and you pawned off the case that you filed against to William N. Poorten III of Earl and Buckingham Palace royalty.  Mr. Simon, you are nothing more than just another chicken shit lawyer.  So you have no problem filing a lawsuit and then flying the coup for greener pastures?  What a scumbag!

It seems to me that when you left this case, Dennis Rosen kind of lost interest in our case and his assistant attorney Alice Milton began to play a more involved and pivotal role in our case.  Sounds just like your client L. J. McCreary and his turning our house supervision over to the untrained and incompetent eye of Ray Quentarro.  The only problem with this lone scenario is that we have heard from two different attorneys that Alice Milton, a University of Arizona graduate, was another phuck up, who has never been considered a very good lawyer.  I am shocked to hear that another University of Arizona law school graduate could be so incompetent and shallow.  Who would have ever figured that out since she shortly left Rosen’s office after our disaster and then was subsequently fired by one of the local Indian tribes that she was representing?  Yes, I should have fired Rosen and Milton myself; the incompetent and dismal phuck up lawyers that I hired out of complete stupidity.

 Do not ever consider hiring either of these two Bozo’s, because if you are contemplating the pursuit of justice, you will be sadly left by the way side! 

So you see Mr. Simon your initial impulse for greed had a profound affect on me and my family.  We lost our home, our land, our credit rating, our dreams and then we had to file bankruptcy.  So my whole family’s lives were turned upside down simply to satisfy your phucking penchant for greed.  Mr. Simon, are you proud of your self?  Mr. Simon do you really believe that you possess even an ounce of integrity and ethics combined in your shallow character?  No need to answer since I will answer for you, you little phucking nerd.  Surely with the physical attributes that you and Dennis Rosen possess, you must have gotten your phucking asses kicked everyday of your pre and teen age years?  And once again, a nerd like you never got himself laid until he was in his thirties.

As I said before, during the lawsuit, we had an attorney from McCreary’s side that came out with State Farm Insurance adjusters to see the defects.  At one point while I was demonstrating how water infiltrates the garage and garage walls, the English accented attorney turned to L. J. McCreary and said, “Why don’t you just fix the house?”  What a novel phucking idea Mr. Simon.  Why didn’t you just have McCreary fix the phucking mess that you and he started against my family?  This attorney was one of the few honorable lawyers that I met and he understood what the truth was with our house.  But then again Mr. Simon, he was not an American born citizen, but unlike you, he understood the simple concept of right versus wrong.  You Mr. Simon learned instead the concept of money versus more money.   Maybe the fact that he originally was not of American descent had some thing to do with possessing an honest character.  Americans in general are just so phucking dishonest. Yes the house needed to be fixed, but you and your subsequent attorneys along with McCreary Homes refused to fix even one single item during the lawsuit, even though a settlement agreement was agreed upon by both parties.  You were nothing more than lying ass, mother phuckers!  But then again, you were trained to be a lawyer which should just as well mean you were trained t be a caniving, lying douche bag!

Yes Mr. Simon, there was still time to fix the mess that you started with this lawsuit, but every single lawyer failed, except one to speak up, because of the almighty dollar and the billable hour syndrome.  L.J. McCreary was never going to fix any defect in our home because he was just a crook that was trying to defraud his home owners in order to retire early during the Y2K lead-up for the 21st century.

Mr. Simon, there were so many ugly people that participated in the rape of my family, and you were the first lawyer that willingly jumped into the fray.  You Mr. Simon are an ugly person inside and out. Shame on you Mr. Simon, for ruining a good ex-military family.  And you pursued this strategy just so you could satisfy your blood thirst efforts to satisfy your wonton less for greed. 

All it takes for evil to exist in the world is for good men and women to say nothing in the face of evil or injustice.  You Mr. Simon were only not silent, but you helped promote and grow this evil with your voice and pen.

Mr. Simon, you will never understand the grief that you participated in to cause my family’s financial demise; but then again, you were a SAHBA retained lawyer.  Please accept my congratulations for a nightmare that you helped produce for my family.   I hope you rot in hell for your greed. You had a chance to stop all this and do the right thing, but you choose the bonanza day, paycheck route instead.  No, you will never understand. Then again, you probably could care less for the victims that you have had the legal pleasure to have legally raped.  Isn’t all just a game for you phucking soulless lawyers to see how much money that you can make from other peoples misery?

In order for a person to care and be compassionate towards their fellow man, they have at least to be classified as a human being.  You Mr. Simon are not human.  You Mr. Simon are no better than a shark when it comes to compassion.  A shark kills to stay alive; you Mr. Simon rape and financially kill to satisfy your appetite and craving for greed and money.

So Mr. Simon one day in future when you are on your death bed and about to meet your maker, I hope you remember all of the people like me that you ruined for money.  When you meet your God, be sure to tell him or her, how proud you are of yourself for all of the grief that you caused good people on earth.  Yes, you could have done wonderful acts of compassionate to help your fellow man with your law degree, but you choose a much different path.

Time moves on and the day in your life is getting shorter; please enjoy the version of eternity that will be rightfully yours!  God have mercy on your soul less soul!

Please, you elderly douche bag, just go and phuck yourself for the pain and profit of it all that you so much desire!


“The Arizona refugee;’ a Tucson critic at large

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