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HomeMy WebLinkAbout07-1104QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff v. IMAGE DEVELOPMENT CORPORATION Defendant IN THE COURT OF COMMON PLEAS CUMRF.RT.AND COUNTY PENNSYLVANIA DOCKET NO. p~'- ~ lp~ CIVIL ACTION PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the authority contained in the warrant of Attorney, a copy of which is attached to the complaint filed in this action, I appear to the Defendant, Image Development Corporation, and confess judgment in favor of the Plaintiff, Quality Builders Warranty Corporation and against Defendant, Image Development Corporation as follows: (Principal) Sum $25,000 Plus Attorney's fees and costs Said judgment if authorized and taken in accordance with Pa. R.C.P. 2951 (b) and Pa. R. C. P. 2953. By: ~- JOHN A. GILL, ESQUIRE Attorney ID # 41532 325 North Second Street Wormleysburg, PA 17043 Attorney for Plaintiff Quality Builders Warranty Corporation Date: ~ '2 $'°~ c7 C~ r" c~ cs p - _ ..._, ~ ~r ~~1 + ~~~ ( j' +_^ .. ~ __ ~ + ~ ~ -- .. ~~ ,l QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. D?-110 IMAGE DEVELOPMENT. CORPORATION CIVIL ACTION Defendant . To: Image Development Corporation, Defendant, You are hereby notified that on February 28, 2007 judgement by confession was entered against you in the sum of $25,000 in the above captioned case. (Date) Pr otary 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 I hereby certify that the following is the address of the defendant stated in the certificate of residence. IMAGE DEVELOPMENT CORPORATION 6502 GRASON COURT BOWIE, MARYLAND 20715 y for Plaintiff A Image Development Corporation, Demando Por este medio sea avisado que en el dia de 28 de February un fallo por admision fue registrado contra usted por la cantidad de $25,000 del caso antes escrito. Fechi: el dia 28 de February de 2007 Protonontario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEAMENTE. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRRECCION SE ENCURENTRA ESCRITA ABAJO PARR 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 to suquiente es la direccion del demando dicho en el en el certificado de residencia: IMAGE DEVELOPMENT CORPORATION 6502 GRASON COURT BOWIE, MARYLAND 20715 o (a) de Demandante QUALITY BUILDERS WARRANTY IN THE COURT OF COMMON CORPORATION, : PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. DOCKET NO. IMAGE DEVELOPMENT .CORPORATION . CIVIL ACTION Defendant COMPLAINT CONFESSION OF JUDGMENT AND NOW, this 28 day of February, 2007, comes the Plaintiff, Quality Builders Warranty Corporation, by and through its Attorney, John A. Gill, Esquire, and files the within Complaint pursuar4t to Pa. R.C.P. 2951 (b) - (c), Pa. R.C.P. 2952, Pa. R.C.P. 2953 and Pa. R.C.P. 2955, Judgment by Confession, and avers in support hereof the following: 1. Plaintiff is Quality Builders Warranty Corporation (Quality Builders), a Pennsylvania corporation with its principal place of business located at 325 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is Image Development Corporation, a Maryland Corporation with its principal place of business located at 6502 Grason Court, Bowie, Maryland 20715 3. Attached hereto and marked as Exhibit A is a true and correct copy of the instrument duly executed by Defendant that contains the warranty of Attorney to confess judgment. 4. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. The attached instrument has not been assigned. 6. Judgment has not been entered on the instrument in any jurisdiction. 7. Default was made by Defendant when it breached its Agreement with Quality Builders Warranty Corporation by failing to properly enroll homes by misdating the start dates and failing to provide adequate assurances of performance that it would perform repairs at the residences which Defendant is required to undertake. 8. As ~ consequence of the foregoing the Defendant is liable to Plaintiff, Quality Builders Warranty Corporation in a sum of $25,000 plus attorney's fees. 9. The above is substantiated by Quality Builders Warranty Corporation's Affidavit, a copy of which is attached hereto as Exhibit B. WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, demands judgment against Defendant Image Development Corporation in the sum of $25,000. By.-~ ~ A. GILL, ESQUIRE Attorney ID # 41532 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 Attorney for Plaintiff, Quality Builders Warranty Corporation Date: Z ~ Z ~ ~~'7 • BUILDER AGREEMENT ~~ ''' ~ ~~~ AGREEMENT made this 9th day of June , 19 cac~ , between QUALITY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as "QBW," and ~ IMAGE DEVELOPMENT CORPORATION Name of Builder: (indicate whether a corporation, partnership, individual or other) of Address 6502 Grason Court, Bowie, MD 20715 herein referred to as "Builder." State Zip SECTION A. MEMBERSHIP AND TERM: 1. QBW administers a program whereby home builders registered with QBW enroll homes they construct in the program and purchasers of those homes are protected by a warranty against certain specified defects. 2. In order to develop and maintain a good reputation for providing protection to purchasers of well-built homes, QBW protects and promotes its good-will by careful selection of builders to participate in its warranty program. 3. Builder desires to participate in QBW's warranty program and, to that end, agrees to abide by the provisions of this Agreement and to conform its behavior to the standards expressed herein and in the Limited Warranty Agreement. Builder warrants that a!I information supplied to QBW in connection with its application is true and correct. 4. All registration fees (initial and annual rescreening) are set by QBW at its discretion and are non-refundable. 5. QBW, upon executing this Agreement, has accepted Builder as a member of its warranty program, subject to the Builder's continuing performance of its obligation under this Agreement. 6. Builder's membership shall commence on the date of Execution by QBW and shall continue until terminated by either party in accordance with the terms of this agreement. QBW reserves the right to rescreen Builder annually. If QBW determines that Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's membership and the provisions of Section B, paragraph 6, shall be in effect. SECTION B. HOME ENROLLMENT: 1. Requirements. As part of its participation in QBW's warranty program, subject to QBW's acceptance, Builder agrees to enroll in the program every home, Builder, Builder's Principals, or any entity under Builder's, or Builder's Principals common control constructs in any state in which QBW operates and agrees to pay all fees required by QBW in the enrollment process, which fees shall be non-refundable. 2. Procedures. Builder agrees to enroll its homes according to procedures established by QBW. Builder may enroll homes currently under construction and homes completed but not sold or occupied (as of the date of this Agreement or the date of reacceptance following a period of suspension or non-participation) provided that enrollment is made within 45 days of exe- cution of this Agreement or reacceptance, and OBW has inspected and approved the home. Homes which remain in a Builder's inventory longer than 18 months must be enrolled by the end of the 19th month from construction start date to qualify for enrollment. The warranty will be issued to the Builder and the unexpired portion of the 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 dwelling such as but not limited to duplexes, townhouses and condominiums. For each home enrolled, the Builder shall pay a warranty fee as determined by QBW within the time periods estab- lished by QBW. All warranty fees are non-refundable. A minimum warranty fee of $100.00 shall apply. QBW will provide Builder with a copy of the Limited Warranty Agreement and Enrollment form. Builder and purchaser must complete and sign the Enrollment Form at closing, and Builder agrees to furnish QBW with a copy of the signed Enrollment form within ten (10) days of closing. Builder agrees not to charge the purchaser directly for the cost of the enroll- ment fee. A home will not be considered enrolled until QBW receives and approves the fully executed and completed Enrollment Form, payment of all fees, and an approved final inspection. 3. Reservation of Power of Review. QBW reserves the right to reject any home submitted for enrollment in the program if (a) the Builder is not a member in good standing; (b) the home is not constructed in accordance with the Warranty Standards or building codes specified in the Limited Warranty Agreement; (c) the Builder did not observe the enrollment procedures; (d) misstates or misrepresents any information; (e) in any way fails to comply with the terms of this Agreement. 4. Assignment of Rights. If a purchaser files a Complaint pursuant to the Limited Warranty Agreement which the Builder fails to correct, the Builder hereby assigns to QBW or its insurer, as the case may be, any rights which Builder may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with that claim. Builder agrees to cooperate fully with QBW and to provide QBW with all information which it requests pertaining to the claim. If Builder fails to so cooperate, Builder agrees to compensate and indemnify QBW for any damages sustained by such lack of cooperation. 5. Breach and Remedy. If Builder fails to enroll any eligible home as required by this Agreement, QBW may seek specific enforcement or other appropriate relief in legal or equitable proceedings, even if this Agreement has been terminated. ~xM~~~'r A Furthermore, Builder agrees to ind ~~ify and hold harmless QBW and its insur '~r any losses or any damages they may suffer as a result of Builder's breach of this Agreement and such losses and costs shall include reasonable attorney's fees and expert witness fees. Builder hereby irrevocably authorizes and empowers any attorney or any court of record of Pennsylvania or elsewhere to appear for and confess judgment against Builder for all amounts for which Builder may become liable to QBW for the breach of this Agreement, as evidenced by an affidavit signed by an officer of QBW setting forth the amounts then due, plus attorney's fees incurred by QBW, with costs of suit and release of errors. Such authority shall not be exhausted by any one exercise thereof but judgment may be confessed as aforesaid from time to time as often as there is a default. Remedies stated herein are elective and not exclusive and QBW may elect to proceed under this or any other para- graph in this Agreement. 6. Suspension or Termination. QBW may terminate, or at its option, suspend Builder's participation in QBW's Warranty Program, or any entity or individual which Builder is affiliated, if QBW determines that Builder has done any of the follow- ing, which shall be deemed a breach of this Agreement. (a) fails to comply fully with all provisions of this Agreement; (b) fails to perform any of its obligations under this Agreement, including, but not limited to, cooperating in the operation of the program's informal dispute resolution and arbitration procedure; (c) fails to respond to QBW's notice of a homeowner's complaint; (d) fails to comply with a decision which is rendered pursuant to complaint procedures; (e) fails to provide adequate assurance to QBW within ten (10) days after it receives a written request from QBW for such assurance that (within a reasonable timetable established or approved by QBW) it is willing and able to cooperate in dispute settlement and to perform the obligations under any decision which is rendered pursuant to such procedures; (f) fails to otherwise cooperate in the operation of the QBW Program in accordance with the rules and regulations of the QBV"1 Program; (g) fails to provide timely proof of compliance with this Agreement, as and when requested by QBW; (h) fails to comply with QBW Warranty Standards and building codes as stated in the Limited Warranty Agreement; (i) fails to comply with the enrollment procedures established by QBW; (j) fails to provide proof that enrolled homes have been subjected to required inspections; (k) fails to respond to purchaser complaints in a timely manner and as provided in the Limited Warranty Agreement; (!) fails to perform its obligations with professional competence or conduct its operations from a position of financial strength and stability; (m) fails to notify QBW within 30 days of a change in ownership, company name or company standing; financial condition, or of any other material fact which might affect Builder's ability to meet its obligations under this,Agreement; (n) fails to meet ethical standards in its dealings with customers; or (o) misstates or misrepresents any information in connection with its application or in the rescreening process. QBW reserves the option to reinstate terminated affiliates of the primary, terminated Builder if QBW determines that the terminated Builder or its principals are not in a position to control the affiliated Builder. Termination of Builder by QBW shall not affect the rights or obligations of any of the parties to this Agreement with respect to the Warranty Program in effect at the date of termination, subject to the provisions pertaining to voidability. If a Builder is suspended or terminated, he shall not represent himself to be a member of the OBW Warranty Program nor offer the QBW Warranty and shall. not use its Logo or refer to the program in any way nor attempt to enroll any home. The Builder shall. immediately notify any Buyer currently under contract to purchase a home of the, suspension or termina- tion and that the QBW Warranty Program has been withdrawn. Upon request, Builder shall immediately return to QBW all materials supplied by QBW and all material making reference to QBW. Should Builder fail to take these steps, it shall indem- nify and hold harmless QBW and the insurer against any and all expenses incurred and losses suffered, including but not limited to attorney fees, by either of them as a result. fn addition, Builder shall pay interest to QBW at the rate of 18% per annum on all sums due to QBW hereunder if such sums are not paid within 30 days of demand by QBW. Builder may terminate this Agreement upon 30 days advance written notice to QBW. If so terminated by Builder or by QBW, Builder's obligations under this Agreement shall continue as to those homes enrolled during the period in which this Agreement was in effect. 7. Notice. If QBW possesses a reasonable belief that reason exists to terminate or suspend a Builder for violation of this Agreement, QBW may immediately terminate or suspend the Builder by providing it with written notice. If QBW elects to sus- pend the Builder, such suspension will remain in effect until Builder has cured all defects to QBW's satisfaction, however, QBW reserves the right to terminate any suspended Builder. 8. Voidability. QBW reserves the right to void any enrollment if Builder misstates or misrepresents any information in its appli- cation or in the rescreening process or misstates or misrepresents any information in the enrollment of a particular home or fails to ,pay any fees due for enrollment of any particular home or fails to forward an enrollment form for a particular home within 10 days as required, or fails to enroll all units of a multi unit building. SECTION C. BUILDER'S OBLIGATIONS: 1. Construction Obligations. Following are the Builder's obligations with respect to QBW's Warranty Program: (a) Builder shall construct all homes inconformity with the Warranty Standards provided in the Limited Warranty Agreement, and/or in conformity with approved building codes and other standards established by QBW and in effect at the begin- Wing of construction of the enro ,home. OBW reserves the right to estab special requirements for escrow pay- ments or other means of protection with respect to any homes constructed by Builder which QBW determines to be "High Risks." (b) Builder agrees to have all homes inspected, as required by QBW, and to pay all fees for the inspection and to provide evidence of inspection as and when required by QBW. QBW shall provide inspectors or shall approve governmental inspectors. (c) OBW shall have the right to perform spot inspections to verify Builder's compliance with -this Agreement and Builder agrees to cooperate. (d) The Builder agrees to indemnify and hold harmless OBW and/or its Insurer for any losses or damages OBW and/or its Insurer may suffer as a result of the use of fire retardant treated plywood on any building enrolled under the QBW Ten Year Warranty Program. This will include all claims and liability for losses, damages and expenses which OBW and/or its Insurer may sustain, incur, pay or be liable for by means of any investigation settlement or litigation of any claim or action which may be raised, made or brought due to the potential defects caused or likely to be caused by use of the subject plywood. (e) If the Builder is informed by OBW that it is building in an area designated as one with active soil conditions, the Builder agrees to obtain such soils investigations and reports as may be required by QBW. If such reports indicate a need for special foundation design the Builder agrees to construct the foundation according to the design of a registered profes- sional engineer to take into account the conditions disclosed by the soil tests. 2. Warranty Obligations. Builder agrees to perform all obligations arising from this Agreement and the Limited Warranty Agreement. The Builder shall at its own expense perform all obligations as set forth in the QBW Warranty Program and this Agreement which includes meeting the warranty standards upon notice from the Purchaser without the necessity of OBW intervention. During years one and two, if Builder fails or refuses to perform its obligations in accordance with the Limited Warranty Agreement, OBW will perform those obligations; however, Builder agrees to reimburse QBW and/or its insurer for all expens- es incurred in performing those obligations, including, but not limited to costs of materials, cost of collection, labor, archi- tect's fees, engineering fees, and attorney's fees. OBW reserves all rights of subrogation. If the Builder repairs a major structural defect during year one or two, OBW must be notified. Once notified, OBW will perform a compliance inspection. During years three through ten, QBW agrees to perform its obligations pursuant to the Limited Warranty Agreement provided that the defect that is the subject of the Purchaser's claim did not occur within the first two years or was not con- cealed or cosmetically or improperly repaired by the Builder. Builder is not responsible for any damage caused by a major structural defect, as defined in the Limited Warranty Agreement, occurring after the expiration of the first two years of the Limited Warranty Agreement provided the defect was not concealed or cosmetically or improperly repaired. 3. Builder is authorized to advertise its membership in the QBW Warranty Program and to use its Logo in its business, pro- vided that any reference to OBW or its insurer, whether contractual or advertising copy, be approved by QBW in writing in advance of its use. SECTION D. INFORMAL DISPUTE PROCEDURE: 1. Builder should be aware that the Limited Warranty Agreement provides for an informal dispute settlement and arbitration procedure to resolve complaints by purchasers under the Limited Warranty Agreement. Builder should become familiar with the settlement procedures in order to be aware of its rights and responsibilities. Builder agrees to cooperate fully in the pro- cedure and to be bound by and to comply with any decision of an independent third party, or arbitrator. If the Builder fails to perform its obligations hereunder in a timely and workmanlike manner, such failure shall be con- sidered to be a refusal to perform governed by paragraph C.2 hereof. 2. The Builder agrees to pay all fees charged in connection with the informal dispute settlement and arbitration procedures. SECTION E. TERMS GOVERNING OPERATION AND INTERPRETATION: 1. Builder agrees to perform its obligations under this Agreement in a timely manner. However, time provided for performance of obligations hereunder shall be extended by events not subject to control by the person obligated to perform. Such events include acts of God, or the public enemy, or riot, civil commotion, or governmental conduct. 2. Descriptive headings as to the contents of particular provisions of this Agreement are intended for convenience only and are not to be considered in construing this instrument. 3. This Agreement shall not constitute or be considered an agency, employer-employee relationship, joint venture or partner- ship between the parties. None of the parties, nor any of their employees or agents, shall have the authority to bind or oblig- ate the other party except as provided by this Agreement. 4. Should any provisions of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that deter- mination will not affect the validity of the remaining provisions. 5. This Agreement shall be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania. All suits instituted under this Agreement shall be brought in Pennsylvania in a court of competent jurisdiction. Builder hereby consents to the personal jurisdiction of the Penns~vlvania courts. ~ yttt ~ tit T 6. Builder shall. not assign this Agree ~t without the prior written consent of QB' ..~, ' ~ ' 7. This Agreement shall inure to the t,.;~~efit of and be binding upon the heirs, executors, administrators, assignee, and suc- cessors of the representative parties. 8. This instrument, and security documents and documents referred to or incorporated herein by reference, contain the entire agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties and endorsed hereon. 9. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of that provision. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, return receipt requested, to the recipient at the respective address shown below, or to whatever address the party may designate in writing. 11. The effective date of this Agreement shall be the date of execution by QBW. ' QUALITY BUILDERS WARRANTY CORPORATION ~' ~.~ .s Date of execution by QBW: June 09, 1999 20732 Builder's Registration No.: IMAGE DEVELOPMENT CORPORATION BUILDER: (Name cf Builder -please print or type) DATE ~J 't~ -- ~ `~ _ By G INDEMNIFICATION John T. Attiliis and Gloria C. Attiliis, intending to be legally bound, jointly and severally do hereby agree to indemnify and save harmless Quality Builders Warranty Corporation against any and all actions, claims, demands, liability or loss, whatsoever, that may result from IMAGE DEVELOPMENT CORPORATIOI~I'S membership in Quality Builders Warranty Corporation's 10-year Limited Warranty program including, but not limited to actions, claims, demands, liability or loss which may result from the execution and delivery of the within Builder Agreement or from IMAGE DEVELOPMENT CORPORATION'S non- performance of its duties or obligations thereunder which includes any liability for any Builder Agreement, past, present and future. ~ 6 l ` ~f ,y to ,J/( Y J hn T. Attiliis Date oria C. Attiliis Date Address Copyright 1988 QBW FORM 050 10/98 Quality Builders Warranty Corporation N kH ~ ~ tT 6502 Grason Court, Bowie, MD 20715 (Address) QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff v. IMAGE DEVELOPMENT CORPORATION Defendant IN THE COURT OF COMMON PLEAS ..CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. CIVIL ACTION AFFIDAVIT OF JOSEPH M. OLSHEFSKI My name is Joseph M. Olshefski, an adult individual who is President of Plaintiff Quality Builders Warranty Corporation and who is providing this Affidavit in accordance with Section B, Paragraph 5 of Image Development Corporation's Builder Agreement pertaining to substantiation of amounts due by Affidavit in connection with Confession of Judgment. The Builder Agreement is attached to this Complaint and marked as Exhibit A. Image Development Corporation has breached its Builder Agreement with Quality Builders Warranty by misdating construction start dates on homes and failing to provide adequate assurances of performance that it intends to make required repairs, specifically and without limitation, at the residence located at 3713 Pagonia Court, Lanodover Hills, Maryland. Defendant, Image Development Corporation represented that the construction start date of this home was in April of 1999. In all actuality the construction of the home was started by another builder in 1988 and Defendant, Image Development Corporation, took over the project. At the time Defendant, Image Development Corporation, represented construction started, the foundation structure and other components of the home had been in existence for eleven years. Plaintiff, Quality Builders Warranty Corporation, extends ten year new home warranties to purchasers and by Defendant, Image Development Corporation misrepresenting the start date, it is responsible for repairs at the residence. The homeowner of the residence has contacted Quality Builders Warranty Corporation and indicated there was an issue with the floor joists which Defendant Image Development Corporation has indicated that they will repair, however, has failed to provide adequate assurances of performance that they will conduct repairs. EXHIBIT B In the event Image Development Corporation does not conduct repairs Quality Builders Warranty Corporation may be required to do so with an estimated cost of $25,000. Under the terms of the Builder Agreement, Quality Builders Warranty Agreement is empowered to enter judgement against the Defendant for amounts that the Defendant is contractually obligated towards QBW for and as such, QBW is authorized to confess judgment against Defendant in the amount of $25,000. I declare that the foregoing facts are within my personal knowledge and are true and correct to the best of my knowledge, information and belief. False statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. J. S EFS P ident ity Builde arranty Corporation Date Z - Z ~j ~o EXHIBIT B ~ K~ r ~ ~-' O ' 64 °° -°~ rl i ~ C~7 ~ ~ v d o --w- : `D ~ _ ~.. ~ ~ ~ a - = :- -=~ ~ `~ r ;~-~ ~i ~. -~ 0 QUALITY BUILDERS WARRANTY CORPORATION Plaintiff v. IMAGE DEVELOPMENT CORPORATION Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket N0.07-1104 CIVIL ACTION PRAECIPE Please mark the judgement in the above matter as "Satisfied." Date: ~'~ ~~ 7 Respectfully Submitted, ill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation c- -; .;, -~, : -- ~.~ c j r ~~ "'}7 i ~ ;. r-- .~. t..~? _ C7 ;~ m ..,1 -YC