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HomeMy WebLinkAbout07-5307 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff vs. ROOSEVELT BUILDERS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO. 07 - 53cs'1 C i v c ( Terra Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 WHER YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, PA 17013 717-249-3166 QUALITY BUILDERS WARRANTY : IN THE COURT OF COMMON PLEAS CORPORATION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION ROOSEVELT BUILDERS, INC. 7" DOCKET NO. b 7- S 3 a ? ~~ ~ Defendant COMPLAINT AND NOW, this Sa' day of September, 2007, comes the Plaintiff Quality Builders Warranty Corporation (QBW) and files the within Complaint against the above named Defendant and avers in support hereof the following: 1. Plaintiff is Quality Builders Warranty Corporation, a Pennsylvania corporation engaged in the Ten-Year New Home Warranty business with its principal place of business situate at 325 North Second Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. 2. Defendant, Roosevelt Builders, Inc. (Builder) is a Georgia corporation engaged in the new home building business with its principal place of business situate at 1371 Dogwood Dr., SW, Conyers, GA 30012. 3. On February 28, 2005, Builder executed a Builder Agreement with addendum in which Builder agreed to become a member in the QBW Ten-Year Limited Warranty Program and maintain its membership in the QBW Ten-Year Limited Warranty Program for five years to commence on February 28, 2005. A copy of said document is attached hereto incorporated herein and marked as "Exhibit 1 ". 4. Builder has breached its Agreement with QBW by failing to enroll all homes as required. Builder provided notice on August 1, 2007, that they intend to terminate their membership. 5. Section B 1 of the Builder Agreement executed by Builder states, "Builder agrees to enroll in the program every home Builder, Builder's Principals, or any entity under Builders or Builder's Principals common control constructs." (See Exhibit 1). 6. The Builder Agreement states in Section B 5, "If Builder fails to enroll any eligible homes as required by this Agreement, QBW may seek specific performance or other appropriate relief in legal or equitable proceedings." (See Exhibit 1). 7. Builder's failure to enroll all homes they construct is a violation of the Builder Agreement as amended and QBW seeks to specifically enforce the obligation of the Builder Agreement, as amended to compel Builder to enroll all homes they construct in accordance with QBW's membership requirements until to February 28, 2010. 8. In the alternative, QBW seeks damages from Builder for homes, which the Builder would be required to place warranties on during that period of time, which damages exceed the sum of $35,000. 9. QBW also seeks attorney's foes as authorized by Section B 5 of the Builder Agreement. 10. Jurisdiction is proper in the Pennsylvania courts since Section E 5 of the Builder Agreement indicates, "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 Pennsylvania courts." WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, demands judgment against Roosevelt Builders, Inc. as follows: I. That the Builder Agreement as amended executed by Defendant Roosevelt Builders, Inc. be specifically enforced to require Roosevelt Builders, Inc. to enroll all homes they construct for the period February Z8, 2005 thmugh February 28, 2010 in accordance with the Builder Agreement as amended. 2. In the alternative that Defendant, Roosevelt Builders, Inc. be ordered to pay damages equal to warranty fees, which QBW was entitled to based upon homes projected for the period February 28, 2005 to February 28, 2010, said amounts to be in excess of $35,000.00. 3. Attorney's fees as authorized by Section B 5 of the Builder Agreement. 4. Such other relief as deemed appropriate by the court. Respectfiilly Submitted, . Gill, Esquire Quality Builders Warranty Corporation 325 North Second Street Wonmleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation QUALI"1'Y B~ _ _LDERS WA-~tRAN`I"Y CO' `ORATIOl~ -'- ~ ~~ ~~ ;~~~c BUILDER AGREEMENT w AGREEMENT made this /1 day of fe ~%.a,2 , 20 n ~ , between QUALITY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as "QBW," and j~dasPv~ f~ __~~/c~Bz~ ~ L . Name of ilder: (indicate whether a corporation, partnership, individual or other) of address 1 p ~,QcI ~,',~, i~o•~ c~ ~~ ~~>n ~ ~s=s ~~ 3c~~>~/ herein referred to as "Builder" ' to ~p 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 agains# certain specified defects. 2. In order to develop and maintain a good reputation for providing protection to purchasers of well-built homes, QBW pro- tects and promotes its good will by careful selection of builders to participate in its warranty program. 3. Builder desires to particpate 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 warrarrts that all 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. 1f QBW deter- mines that Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's member- ship 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 Prinapals common control constnx~s in any state in which QBW operates and agrees to pay all fees required by QBW in the enroll- ment 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 execution of this Agreement or reaaeptance, and QBW 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 ftom construction start date and model homes must be enrolled on the date of the Certfit;,ate of Occupancy or use as a model, whichever is earlier to qualify for enrollment The wamanty(s) 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 shah enroll each individual unit of any multiunit dwelling such as but not limited to duplexes, townhouses and condominiums. If membership is terminated, at the direc- tion of QBW, Builder agrees to enroll any remaining units not enrolled at the time of termination. ~ , For each home enrolled, the Builder shall pay a warranty fee as detemnined by QBW within the time periods estab- lished by QBW. All warranty fees are non-refundable. A minimum warranty fee of $150.00 shall apply. s QBW will provide Builder with a copy of the Limited Warranty Agreement and Enrollment Form. Builder and pur- chaser must complete and sign the EnroNment Form at closing, and Builder agrees to famish 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 enrollment fee. A home will not be considered enrolled until QBW receives and approves the fully executed and com- pleted 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 maybe, 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 operate fully with QBW and to provide QBW with all information which it requests pertaining to the claim. If Builder fails to so operate, Builder agrees to compensate and indemnify QBW for any damages sustained by such lack of operation. ~~ I RI's /`r 5. Breach and Remedy. ff Builder faller" enroll any eligible home as required by this ,. ~rrtent, QBW may seek specific enforce- meet or other appropriate relief in I~ _ . or equitable proceedings, even if this Agra~ment has been terminated. Furthermore, Builder agrees to indemnify and hold harmless QBW and its insurer for any losses or any damages they may suffer as a result of Builder's breach of this Agreement and such loses and casts shall include reasonable attomey'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 shalt 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 QBW Program; (g) fails to provide timely proof of compliance with this Agreement, as and when reques#ed 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 enrollmen# procedures established by QBW; (~ 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; (I) 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 migfit 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 terrnination, subject to the provisions pertaining to voidability. If a Builder is suspended or terminated, he shall not represent fiimself to be a member of the QBW 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 terrnina- tion and that the QBW Warranty Program has been withdrawn. Upon request, Builder shall immediatery return to QBW all materials supplied by QBW and all material making reference to QBW. Should Builder fail to take these steps, it shall indemnify 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. In addition, Builder shall pay interest to QBW at the rate of 18% per annum on ail 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 Agneement 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 suspend the Builder, such suspension will remain in effect until Builder has cured all defects to QBW's satisfaction, how- , ever, 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 in conformity with the Warranty Standards provided in the Limited Warranty Agreement, and/or in conformit; h approved building codes and other star` '~rds established by QBW and in effect at the beginning of construction yr the enrolled home. QBW reserves the r,~ . to establish special requirements for escrow payments or other means of protection with respect to any homes constructed by Builder which QBW deter- mines to be "High Risks." (bj 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) QBW 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 QBW and/or its Insurer for-any losses or damages QBW 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 QBW 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 QBW 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 pro- fessional 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 pertorm 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 QBW intervention. During years one and two under the QBW Warranty Program, if the Builder fails or refuses to perform its obligations in accordance with the Limited Warranty Agreement or this Agreement, QBW will perform the Builder's obligations, how- ever, the Builder agrees to reimburse QBW and/or Insurer for all expenses incurred in performing their obligations, includ- ing but not limited to, cost of materials, cost of collection, labor, architect's fees, engineering fees and counsel fees. QBW and/or Insurer reserve all rights of subrogation. During years three through ten under the QBW Warranty Program, QBW will perforrn its obligations with respect to major structural defects as set forth and defined in the Limited Warranty Agreement without the. right of subrogation against the Builder provided that the defect, or symptoms of the subsequent occurrence of the defect; first arose after the expira- tion of two years under the QBW Warranty Program in effect for that home, and that Builder did not attempt to conceal or cosmetically repair the defect or symptoms of the subsequent occurrence of a defect and that the defect does not arise from Builder's failure to construct the home to applicable QBW standards or adhere to Builder's responsibilities under the Builder Agreement. If the Builder repairs a major structural defect during years one or two, QBW must be notified. Orce notified, QBW will perform a compliance inspection. 3. Bulkier 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 QBW 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 agn3es to pay afl 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 govemmental 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 obligate 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 determination will not affect the validity of the remaining provisions. 5. This Agreement shah be interpre±' ~`~nd enforced in accordance with the law; the Commonwealth of Pennsylvania. All suits instituted under this AgreerT~....t shall be brought in Pennsylvania in a court of comps#ent jurisdiction. Builder here- by consents to the personal jurisdiction of the Pennsylvania courts. 6. Builder shall not assign this Agreement without the prior written consent of QBW. 7. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignee, and suc- cessors of the representative parties. 8. This instrument, and security documen#s 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, mod- ified, 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 indicated on the front, 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. By Date of execution by CBI Builder's Registration No. 50418 BUILDER ~OoStye.\~ ~.~C~QSS~=~G• (Name of tluNder - pisses print a type) Date ix~ F -~ ~ r (Pbass print narne/tltle of executor) ADDENDUM ~~ Sign Here (PNaee Print rremdtlW of execut0~j In consideration for receiving a reduced rate, Builder agrees to maintain its' membership in the QBW program for a period of _~ years to commence on the date this addendum is executed by QBW. Builder agrees to submit for enrollment all homes which Builder or any affiliate constructs during this term and any extensions. In exchange, Builder's rate will be $ / '70 /per thousand. The addendum wpl renew for like terms unless (30) days prior to the expiration of the term, or any extensions; either party provides the other (30) days advance written notice that they intend not to extend the period entitling the builder to a lower rate. If Builder provides notice, QBW will adjust the Builder's rate upward effective at the end of the then current term. BUILDER (Name of Bugder = Pie P~ or hiPN ~y ~,,..~ of Autltorized Reproserrtatlw -Title) BiJII.DIF.RS WA-ltRA1V'I'Y CORPORATION By L,~. Date Fp~n~ar~vr7R f 7nn5 Please note that jn reviewing applicants for the QBW Program, certain costs are incurred, therefore all application fees are non-refundable. copyright tsies Quaifty Builders warranty Corporation QBW FORM 050 9/04 QUALTI'Y BUILDERS WARRANTY CORPORATION VERIFICATION I, JORDAN F. OLSHEFSKI, Vice President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Plaintiff s Complaint is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of I8 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~~ J o~ Quality Builders Warranty Corporation By: ~-= Jordan F. Olshefski, Vice President C7 ~'~ t,7 { : ~ _ ~ -.y _~ -7-~ ~ ~ , ~ ~ J ~ ~ ~; ~~ t~tT. ") 04 ~ ! '~ ~' ~ t~;. ~ tit ~i~'_, .._ n 7w O, . P (. ~ ~. - i' ; +fl ,~ -, :. !~ _ , _: f ~ ~~ b - -1 T r 1 -D _ _ ~r QUALITY BUILDERS WA-RR.ANTY CORPORATION Plaintiff v. Roosevelt Builders, Inc. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-5307 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL On September 5, 2007, I mailed a true and correct copy of the Complaint by certified mail, return receipt requested to, Roosevelt Builders, Inc., Article # 7004 1350 0003 0402 3648, at their address. Roosevelt Builders, Inc. received the Complaint on September 10, 2007 as indicated by the receipt attached hereto as Exhibit "A". I make these statements pursuant to 18 Pa.C.S. 4904 relating to unsworn falsification to authorities and understand that false statements may be subject me to criminal penalties under that statute. ~ ~ Pe 'son, Secretary ~ ° ~ n ~-~ s ~ .~. -: -r~ { ~ Ta ~ ~ ~~ ;_. "~~ ~~ JSPS -~'I'rack & Confirm Page 1 of 1 itlNlT~.~'TQ7~5' ~~~"~ Home I Hetp I Sign In Track 8 Confirm FAQs Track & ~ttnfirm Search Resuha Label/Receipt Number: 70041350 0003 0402 3648 -~-~------- -- -- - ------- Status: Delivered Tick ~c Clornfam Enter Label/Receipt Number Your item was delivered at 11:16 AM on September 10, 2007 in CONYERS, GA 30012. ~, ~ ~ ~ AdaAtiare! LMt,>~t > ,; ~ RMrtt~ to t/$P~com liorna > '; __ __ _ Track & Confirm by email Get current event information or updates for your item sent to you or others by email ~'; tfo> ~- s\ ~ ~ 0o vv ~ h ~ ~ ~ ~° orao .1! ~ Q o iv 1 1t ad c e3 ~~a$ ~~~~ ~~~~~ ~€s~~ ~ ... ~i 0 ~~ .~ ~{~ .m r1J S ` O d .f O m r+l s ~ent services jabs National 8~ Premier Accounts ~PS. Alt Rights Reserved. Terms of tlse Privacy Policy s ~ r ~ (~ r ~~ ~~. ~~ N } ~~l S ~.,f ,._._~"~~ ,~ rA ... ~ V ~ ~ ~ ~~ ° w {.f} r' ,~ S t~ ~~ ~ o ~~ ~ ~ s: ~. a ;~ 4tt9E 2DhD EODO DSE'C hDOL tttp:/m'~r: r3~i i.~ts ~s.comTP~I~Sln~ern~e~We"b7In e~"rLa~`elInquiry.do 9/14/2007 C'3 ~ ~_ c~ .rt ~i ~ ...+ ..._ ~' i Ct~ rr-'>- -~; .. C ~ ..... -•J J ~ C .,~ _. ~~ ~--'~ ~ ~ C ~ q ~ r =~C r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALITY BUILDERS WARRANTY CORPORATION, CIVIL ACTION DOCKET N0.07-5307 Plaintiff v. ROOSEVELT BUILDERS, INC. Defendant TO: Roosevelt Builders, Inc. 1371 Dogwood Dr., SW Conyers, GA 30012 Date of Notice: October 3, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully Submitted, John 'll, Esquire Quality uilders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation s CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Notice of Default was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Roosevelt Builders, Inc. 1371 Dogwood Dr., SW Conyers, GA 30012 Date: ~>~~"b--G.e~~ ~ } MoD ~ Peg mson, Secretary ~ ~.,. J ...i~ ~~1 C' 1 -,~ __ ~ __ C.l7 ~_ ~~ C„ ~. ~,_ ~ A~ ~~ ti REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(c~ReagerAdlerPC.com BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: Rjoyice~a,Rea~erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5307 v. ROOSEVELT BUILDERS, INC. CIVIL ACTION -LAW Jury Trial Demanded Defendant NOTICE TO PLEAD To: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second St. Wormleysburg, PA 17043 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. REAG1~~'~~!~)I~ R, Date: October 9, 2007 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 REAGER & ADLER, P.C. BY: THOMAS O. WILLL~IVIS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams cr,ReagerAdlerPC.com BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: Rtoyice(a~ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION Plaintiff v. ROOSEVELT BUILDERS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5307 CIVIL ACTION -LAW Jury Trial Demanded Defendant DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Roosevelt Builders, Inc., by and through its undersigned counsel, Reager & Adler, PC, and files the following Preliminary Objections raising lack of jurisdiction pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1), and in support thereof avers the following: 1. This action was commenced by Plaintiff, a Pennsylvania resident, against Defendant, a resident of the State of Georgia. 2. Plaintiff seeks damages purported to be in excess of $35,000.00 from Defendant alleging a breach of a purported written agreement, which agreement was attached to the Complaint. 3. The purported written agreement attached to the Complaint does not contain a true authorized signature of any representative of the Defendant and is further believed, and therefore averred, to constitute a forgery. As such, no terms contained in the purported agreement are valid or enforceable against the Defendant. 4. This Court lacks in personam jurisdiction over the Defendant, because the Defendant has had insufficient contacts with this Commonwealth for the reasons set forth herein. 5. All actions between the parties to this lawsuit have taken place within the State of Georgia. 6. The Defendant is not engaged in any business in Pennsylvania, and has not sought any customers in Pennsylvania. 7. As a homebuilder, all of the Defendant's customers, and all of the homes built by the Defendant, are located in the State of Georgia. 8. No valid written agreement exists between the Defendant and the Plaintiff. 9. The Defendant's contacts with this Commonwealth do not constitute the required and necessary substantial and meaningful contacts with this Commonwealth necessary to establish in personam jurisdiction over it. 10. The Defendant does not have any connection with this Commonwealth by which the Defendant would reasonably anticipate being hailed into court in this Commonwealth. 11. The Defendant never purposely directed any of its business activities at any resident in this Commonwealth, and never purposely availed itself of the privilege of conducting any business activities within this Commonwealth. 12. The Defendant has not paid any taxes in Pennsylvania, and has not maintained any office or place of business in this Commonwealth. 13. Because the Defendant has had insufficient contacts with this Commonwealth to give rise to in personam jurisdiction, Plaintiff's Complaint must be dismissed for lack of jurisdiction. WHEREFORE, Defendant Roosevelt Builders, Inc., respectfully requests this Honorable Court to dismiss Plaintiff's Complaint for lack of jurisdiction with prejudice. Respectfully submitted, REAGER , Date: October 9, 2047 By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Roosevelt Builders, Inc. VERIFICATION I, Catherine Downey, hereby verify that I am the Vice President of Roosevelt Builders, Inc., and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: / O 9 O ~ By: 4 CERTIFICATE OF SERVICE AND NOW, this 9`h day of October, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. Mail, postage prepaid and addressed as follows: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17043 ~7om~ d. Cc~.~ 1,~ ~~F Thomas O. Williams, Esquire C':~ ~ Q ~- ~ -rt ~~ ~ i"f'F f ..i c t.J ., ..~. ~3y.'i'i "'~ i V • t IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALITY BUILDERS WARRANTY CORPORATION, CIVIL ACTION DOCKET N0.07-5307 Plaintiff v. : ROOSEVELT BUILDERS, INC. Defendant PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW this 18~ day of October 2007 comes the Plaintiff, Quality Builders Warranty Corporation (QBW) and files the within Reply to Defendant's Preliminary Objections and avers in support hereof the following: 1. Admitted. 2. Admitted in part and denied in part. QBW's complaint seeks specific performance and in the alternative seeks damages in excess of $35,000.00. 3. Denied. The Defendant forwarded the written agreement attached to QBW's complaint to QBW. QBW further responds that the agreement is valid and enforceable and establishes jurisdiction in the state of Pennsylvania based on the following facts: A. QBW is a Pennsylvania Corporation engaged in the Ten-Yeaz New Home Warranty business with its principal place of business situate in Cumberland County, Pennsylvania. B. Defendant is a Georgia Corporation engaged in the new home building business with its principal place of business situate in Conyers, Georgia. C. New home builders, who are a member of QBW, offer warranties against certain specified defects in the homes they construct. D. On February 1 1, 2005, Defendant Faxed to QBW's place of business in Pennsylvania, an Application to become a member of QBW. The Application was signed by Catherine Downey; a copy of the Application is attached hereto, incorporated herein and marked as Exhibit 1. The original of the Application was received by QBW on February 14, 2005. E. In connection with the Application, Defendant submitted a check for the application fee, also executed by Catherine Downey. A copy of the check is attached hereto, incorporated herein and mazked as Exhibit 2. F. Also in connection with the application, Defendant submitted a Builder Agreement executed by Catherine Downey to be executed by QBW upon acceptance of Defendant into the QBW program. A copy of the Builder Agreement is attached hereto, incorporated herein and marked as Exhibit 3. G. On February 28, 2005, QBW approved Defendant for membership in its program, QBW executed the Builder Agreement at its offices in Pennsylvania and forwarded an approval letter and accepted Builder Agreement to the Defendant. A copy of the approval letter and Builder Agreement is attached hereto, incorporated herein and marked as Exhibit 4. H. The approval letter contained a password, in order for Defendant to be able to access their account through QBW's Intranet. I. Section E, 5, of the Builder Agreement states: "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 Pennsylvania courts." J. Section E, 11, of the Builder Agreement indicates that the effective date of the Agreement shall be the date executed by QBW. K. Since Defendant's membership approval, Defendant has submitted 389 requests for warranties to QBW's place of business in Pennsylvania. L. Since Defendant's membership approval, Defendant has submitted 215 checks for payment of warranty fees to QBW's place of business in Pennsylvania. M. Defendant sent a letter to QBW dated August 1, 2007, referring to a particular section of the Builder Agreement, thereby acknowledging its existence in the letter; Defendant attempted to terminate their membership in the QBW program. A copy of the letter is attached hereto, incorporated herein and marked as Exhibit 5. N. Defendant's attempted termination of the Builder Agreement was unlawful in that in connection with the execution of the Builder Agreement they also executed an Addendum indicating that they would maintain their membership for a period of five years in exchange for a lower rate. O. QBW contacted Defendant and reminded them of their obligation to enroll all homes, which they constructed until February 28, 2010, the term of the Addendum. 4. Denied. This court has inpersonam jurisdiction over Defendant based on the specific terms of the Builder Agreement executed by Defendant and further accepted by Defendant through the enrollment of homes in the QBW program. By way of further answer QBW incorporates herein its reply to paragraph 3 of the Defendant's Preliminary Objections. 5. Denied. By way of further answer QBW incorporates herein its reply to paragraph 3 of Defendant's Preliminary Objections. 6. Denied. By way of further answer QBW incorporates herein its reply to paragraph 3 of Defendant's Preliminary Objections. 7. Admitted. 8. Denied. By way of further answer QBW incorporates herein its reply to paragraph 3 of Defendant's Preliminary Objections. 9. Denied. The Parties agreed to confer jurisdiction on the State of Pennsylvania. By way of further answer QBW incorporates herein its reply to paragraph 3 of Defendant's Preliminary Objections. 10. Denied. By way of further answer QBW incorporates herein its reply to paragraph 3 of Defendant's Preliminary Objections. 11. Denied. By way of further answer QBW incorporates herein its reply to pazagraph 3 of Defendant's Preliminary Objections. 02/?1/2005 15:39 7707888324 ACCOUNTING DEPT PAGE 0b/13 FEB,-03-ZODS(THU) 16.02 QURLSTy BUILDERS t~ARRANT'~ ~L'~L,1"i"~t' B'[7II..~,E~t.S ~~ CORP. ~~ nl, s~oNr~ srl~Er Wf~FtM~!LyE~!Y.~$`BL{I~~yG,~yP.~A 1?Q~4/~~ ~~~ ('11I~Li I~YYA774~g~MV * l Ax #: 7') T+73T~42P13 AFFILIA't'E BUILD~t~ A~i~LI~ATION r~~ (~~~ .(FAX7717 73 r X1139 P. 0021008 r= :} -- ~rrr uvrrrr: Y. tril~'1rt+~tt~1g15tatemer-t ~. Pram of Garteral lJebNlq- ~ursnre f~aY of tteet~- a/~frcyilf~~ttl C(~-1StJIRt10G RQp'l4~~J '~..S1~ed ~tJrld9P~1lt ~, I~to~ Afl"rllst~ ~4~p~a~tarl Fee t=t.u. a Ol. - f 1' St's 5 t G Db~ # p~r.ler~o~- onra-1 1. 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NuMfti~ pt hsalnea ypu expeetm tt:le ytzar 1Auera~t sales ptlee ~ J o c~ 'IyFaee of hame~ tQ laa bulb _ Ouplm4.~.7bwnhnW.u+, ~npb Family, ._ Cdtrrfa (Namber at ~rfes ~, _ Qther (epep(~y-,,,,,.~,.,~ p. Wst mur+felpe~ gaueenntent turr~l~tlan(sl w}iere applfaame wlil be !sull~ng Names tq the n4xt twaNa i1~21 marnha Ctty.~r-r~r ~Tr7fi/~c-,~ c,~trt~r, '~~' .I...~.~.~- - ~ ~ ~~ ~ ~ ~ ~ qew a5;a~4 bJOa DEB-O~-~f}05~THU1 16, 02 QURLIT'~ QUILD£RS 4JARRANTy {FAii)717 T3T 9189 P. QQ3/QQ3 9, hiss tha ap~l~m Qr arty rf Its prlnelrislw ar Qrms wlth whlaf, dny prtt~ip31 way at~lialad, tiiaal iar k~enkrupr~r nr bean ndJudicatud an taen>au~x witrtlri iho i~at oovor- (7l Years? ~ Yex I~Nd n yam, t(Mt nama(e) at illzn(al invai+~ed in ttiank~tptGy and year Aiedl ' . '1G, bass appgCattt build urrclar-,~ vA. ~F0,4r / FMMA '11, hlauo anY lions qr unautlaliad )ur~+trnarlta been pfa~l agcinat the ~ullde{~ N~ __.I~..:..I ..-..,1,~.-...~- , ~ .__..~... it yea. axpluin 12. Wua appllcant'e authority to kruilti ever Lheeh auopantt4d ar nyvokad? ~1 y J ~..~_ .~ K y,~, ~cplaln '1~, Namc rrl currant g~itteral liabigty Inat-ranoa arNnaa-~~,~, I,. (~r t 7ti. ~rs_ ~? : Ex~irstlcm data: Agent's Hama i:'h t4urrlihbr ~„~ . Rpliay ~ >•las appllraar~t hed any datms u-xter "eempleted apgrptbns" in the i~rst three yeares~i I[ yaa, plaasv dasraribe: ,,,, .. , ^'~RS!" R~Mii'A ~i~'i'IKiCE~I'i+ !7F INSUFiANGE Fflt~M YGs1R A~F~1'r ph! Gi:fit~At. Li14~4L1'i`f ~QV~FiA~~ ~GI' i41'wt[-tJ d +~py tht tha dar.1Ar11~ tiant+ I~pb +~ ih~ polity) Floanclal Afflliatiana a. Bank (6urtlnes~aAaar~crrtry ~kirr .La. ~~~~~~x?~ .~ ~ ~~_ 'lYpa of Aocau~t~,~,,.h ~ i rt ~u~en gNJK h1AM~i ~[D "• WAp.NiG~Ai88 ~ ~ ~ FA1t/ PMIGMkA b. C3ahk f~+dn~e(}~/a~'a Aaaau,n) 9avlnpslMwnay Market ~' L~ .~ ~ M..11~'~Il~y~ i Iw Ian 11n,•~~wll1. ~,lYWiiwVw.lhI~YUPn~~.IMiWk `J ~'_ Q~ ~M{~{,t•~PP,~~.~111.11.WIb.Y1iYr ~~I~ "" MlASwiNGh{X7flBG6 ~~ W~INB+~ b, LendMM,7 it>wtltut3an tCot~aruction ffnanain~ er qne at Cmdh} MM~i+IY~._~~.1~., a ~ ^ ^I',~ ~~ ~=~M1~N1 A ~.iR.i~al~~ ..~ . Z (lY, v~Y\ ~ ~V~ W~NANti /~E~11'.~9 ~ PFItlN~- p Firsonalal ~tutoma~tt Ramp moat awrt,tnt yaar end tl~sartdal statamant grtax tenlrn. witri riama and phtarte number of praparar: N~'tiw Ali inion:radon wilt bo recchrcd as erorlauy awrtidernial un[sss spacltiod atl~arwlso. xtlTi~laRtzArioni The undersipnad aulhvr~as C1~W Ye ~+nduGt inqulriat and abtaln rrddh rapcrrtc to determine the undaral's tinancial and t~ktnialiii dbtlhy la parfarnn its abgaatiana undar Zhu QBW Umltad infarrsnty pro~re-m. al intartnation rocolvad by cli~vv wAt sao hoid in centldextco ur~esa cther~vloe sprici(ladl The ur~lan~ned +ecluaate chat you make bvttital~kh to gA1N any in(orrrlagon in your poex~aaolan, wi+ich C9W requeafa. NAMfi plaaea noto iHat In nwlnwinp nppecarnlo ivr the Ol]W A~apram, ohflAln rata rnt irtcursad. Uxralam pll appliaatlan feaa ar4 nptrrotundaablo, LZ 3Jbd Z9ZiICW~d ZZEEEZ50LL 0p~tt 900ZltZIZO KL!'t'HORI7~RON Theudeesigned ~actms t1i~W~ ~rN<vst Nnd abtdn arsdl[ top4rtcto dotam~-etf~e ind~lprwdl~ dai and lat~tnle~i ~iqr ~ perlcmt its abgs undue tltt ty6a- uit~rra~gf Mta~sm. Nl tmvanadoiti rooet~red by t~nnt rr9t ba tafd in aonadnne~r ewMeea other~dae speclfl4d, The u~dengpned r.pwea tlrot you n~a a td any Intonrietlon kt ysovr peea~olon~ whtoh Q9W iaquesZn. ~~ ~r3iT .. ~•'::`~~ ~~F,LN '.~~.ti~"'~,''k'r-'.'.-'rr?a'~b~~~*~~:l.n~,'~.b~..} •:~.~,~'1~~72~'r~4'!-W~r~~~ ~ ~ NC~L'. ~:l'.n''~• R~~~~ .~..- •- ` " ~ r `~`~~~}}-°°- ~"~y,y~~}~}c ' ,. .h x l '^'.~ F• • ~_... .~ .. . t .... ~ j. r i .. .... ' .~. I~ 'C .~ Vii: ~ ~~~. f{.' ~.. :fe,; . . ~•' •~; ~ DA'1'' ,~,~ ~ , ~~ .Cr•• •~.~ '~ E T B •L l~F:E1l ~. U. L[1~~~ ~ `:!N . ,:•.• -;;.~ ;~FIR;iT'•MA,TaON:BAf+IK; . • ' x.02 ` O17Y' i?UMQ'. RQ • :~:r:' R1"~ ~: ~8 1'SD ,NkVVi'~Qt!i:F~KpA4F.~'fF1V .A ' ... •cau~~GY~N,:c~~ •a•~. ' ' ~ •, .. ~' ~a~as-ira5 ~:w°•: .. .. .. ~ ~, apnourdz~= ~ .. ~.';''~~ . ,• .. .. • • • . ~ ~' ~FPb X1.0,•, 2'005.. ' .$'.1DQ':.0.•O~'''• . •• PAY One Hundred and X4/100 Dollars•• ~ ~ •~l~ ~ •~ ' ' TO•T#1E ' . • ~ . . ORDER •. .' ' OF: s QUALITY BUILDERS WARRANTY CORP 325 N SECOND ST WORMLEYBURG; PA ].7 04 3 ii'OD 29g9i~' x:06 1~0 LO 2q~: ~0 0 L9 $,~on~ NQT ~ AFli~fl 9p (~~~~~ ~~81~ ~~u'/ii3 i r ~ M ZZ 3Jad Z9Z~IGW71tid ZZESEI50LL O~~ZZ 500Z/TZ/Z0 ~XTALITY i~ILDEYtS ~.ANTY GG~PORATYON '~ ~' BUILDER ACI2EEMENT ~~~ ~.w •~ "A Y AGREEMENT made this %~ day afi ~~ d~vat _ _-- , 20 0~" , between QUALITY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as "QBW," and ~ j?~?'~t,L~t~ (~ ~ ,GS":.r~cCra.~ ~~ r. . ame o u er.' indicate whether a corppre~Tt on, partners ip, individual or er of ~s _r o z 2P ~ ~'. ',~ i~ .-~ ~ ~~ r~~~T ~o~~t C~: 3r~~ ~ ~,/' ,,,,herein referred to as "Builder." ate Z'ip SECTION A. MEMBERSHIP AND TERM: 1. QBW adminis#ers 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. !n order to develop and maintain a good reputation for providing protection to purchasers of well built homes, QBW pro- tects and promotes its good-will by careful selection of builders to participate in its warranty program. 3. Builder .desires to participate in t~BW s warranty program and, to that end, agn;es to abide by the provisions afi this Agreement and to conform ifs behavior to the standards expressed herein and in the Limited Warranty Agreement. Builder warrants that all information supplied to QBW in connection with its application is true and correct. 4. Ali ~registratian 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 deter- mines that Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's member- ship and the provisions of Section B, paragraph 6, shall be in effect. . SECTION B. HOMI` ENROLLMENT: 't. Requirements. As part of its participation in QBW'$ warranty program, subject to QBW s acceptance, Builder agrees to enroll in the program every home, Builder, Builder's Principals, ar any entity under Builder's, or Builder's Principals common control construt~s in any state in which CtBW operates and agrees to pay all fees required by QBW in the enroll- mentprocess, which fees shall be nonrefundable. ~. 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 d$ys of execution of this Agreement or reacceptance, and QBW 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 end model homes must be enrolled on the date of the Oerdficate of Occupancy or use as a model, whichever is earlier to qualify for enrollment. The warranty(s) 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. If membership is terminated, at the direct tion of QBW, Builder agrees to enroll any remaining units not enrolled at the time of termination. ~ , 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 $150.00 shall apply. + QBW will provide builder with a copy of the Limited Warranty Agreement and Enrollment Form. Builder and pur- chaser must complete and sign the Enrollment Form at dosing, .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 enrollment fee, A home will not be considered enrolled until QBW receives and approves the fully executed and com~ pleted Enrollment Form, payment of all fees, and an approved final inspection. 3. Reservation of Power of Review. QBW reserves the right to reject any hams 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. Assignmlent of Rights. If a purchaser files a Complaint pursuant to the Limited WarrantyAgreement 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 afi! 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. . 6Z 3Jdd ~~/~ ~~~I~d ~~ ~ ~ ~ ZZEEEZ90LL Ob~TZ 5002/TTIZO 5. .This Agreement shall be Interpr~ and enforced in accordance with the law:,- the commonweaRh of Pennsylvania All suits Instituted under this Agreement shall be brought in Pennsylvania in a court of oampetent jurisdiction, 13ulider here- by consents to the personal jurisdiction of the Pennsylvania courts. 0- Builder shall not assign this Agreement without the prior written consent of QBW. 7. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigne$, anq suc- cessors of the representative parties. 8. This instrument, and se~rity 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, mod- ified, 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 shad not constitute a waiver of that provision. 10. All notices requires! hereunder must be in writing and sent by certified mail, postage prepaid, return receipt requested, to the recipient at the respective address indicated on the front, or to whatever address the party may designate in writing- 11- The effective date of this Agreement shall be the date of execution by QSW. ~u~.rr~ sxmn~s wax~rY coxroxA~tzaN ay Date of execution by QBW Builder's Registration No, BU11.CaiWR . (h~fame of Budder - plebe pMat or type) - {Fleece prMt natneltitie of ezoeutor) I~Qt@ ~,.• By ~ •-• ~ ~ l ~-~- 5i9n Here (Please pfM1t nartfeltilte of executor} ADDENDUM in considers#ion for receiving a reduc$d rate, Builder agrees to maintain its' membership in the QBW program far a period of yews to commence on the date this addendum is executed by QBW. Builder agrees to submi# for enrollment all homes which BuBderor any affiliate constructs during this term and any extensions. In exchange, Builder's rate will be $ /• 7a /per thousand. The addendum will renew for like terms unless (30) days prior #o the expiration of the term, or any extensions; either petty provides the other (30j days advance written notice that they intend not to extend the period entitling the builder to a lower rate. If Buiider provides notice, QgW will adjust the Builder's rate upward effective at the end of the then current term: BUILDER {~me of e~naor - vleaae Print ~ tyP~ Date ~~ r ~~r,~ i ~" >~ ~ - Y „`-° ($Ig o! Authorized Repneasntatlve -Title} ~U~LITY BUII~ERS '1'pA-ftRANTY CORIt'Ol7A-~'i~N 13y - Date Please note that in reviewing applicants for the QBW Program, certain costs are incurred, therefol`c3 all application fees are non-refundable. GopYright itlSe Ruaiity t3Wldglt Warranty Corporation QBW FORM 060 8/04 0Z 3JGd Z9Z-lItjWxtld ~~~. ,. zZEEEZ50LL Ob~tT 5002/titi/Z0 QUALITY BUILDERS WARRANTY C O R P O R A T I O N 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 February 28, 2005 MR DOWNEY ROOSEVELT BUILDERS, INC. 10289 CITY POND ROAD COVINGTON, GA 30014 Dear MR DOWNEY: Congratulations! Your affiliate application for membership in the Quality Builders Warranty Program has been accepted and approved. Your builder registration number is 50418. Based on your sales volume, your rate for home enrollment is $1.70 per thousand of the home's selling price. You must enroll all homes, which you construct. Failure to do so will result in penalties being assessed which will include a retroactive increase of your rate per thousand. With regard to multi family homes, you must enroll all the units in a building prior to discontinuing your membership. In order to view your account on the Internet, type www.QBWDirect.com. The QBW screen will appear and ask you to type in your Builder Registration number, Password and user name. Your Password is: This is a confidential Password and you should not disclose it to anyone to whom you do not want to view your account. Once entered, the Password will be encrypted and remembered from that specific computer you used. There is no reason to enter the Password in the future. Keep the Password in a secure location. You can now submit your inventory via your electronic account. With your on-line access you can also track your inventory, request books and print your own Enrollment Forms, etc. If you have any questions please call your Customer Service Representative. As a reminder, you have forty-five (45) days by which to enroll homes already in your inventory under the "grandfather clause". Any grandfathered homes, which began construction over six months ago or have been occupied within the last thirty- (30) days, please contact our office to determine the possibility of enrollment. All model homes must be enrolled during this time. Depending on the municipality in which you are building, you may be required to have inspections. Please contact our office for this information. The inspection fee per home is $120.00. The number one inspection is done prior to backfill, upon completion of the foundation; the number two inspection is done prior to drywall, and; the number three inspection is done upon completion of the home, but prior to occupancy. Please give ample advance notice. For any homes built on fill soil or in areas where unstable soil conditions exist you will need to supply compaction tests and/or soil reports confirming the bearing capacity of the soil. These reports should be forwarded to our office at the time of notification of construction. QBW provides valuable marketing tools to assist you in selling homes. Our web site provides Homeowner's Maintenance Tips and Warranty Coverage Information as well as the opportunity for your purchasers to receive discounts on their homeowner's and auto insurance because you are a Quality Builder. Please refer to the Marketing Tools insert which will be sent separately. r,g~ ExN~Ki/r ~! Please find enclosed the language, which we suggest our builders incorporate into their Sales Contracts. Naturally you wilt want your attorney to review your entire Sales Contract to make sure the appropriate provisions are contained and are consistent with the language of your full contract. Your customer service representative will be contacting you to walk you through the enrollment process and to be sure that you are sent an adequate supply of marketing materials. Enclosed you will find copies of your executed agreement. Again, congratulations! I look forward to a successful and lasting relationship. Sincerely, Thomas McCarthy Customer Service Manager Enclosures QUALITY B ~ .LDERS V~ARRANTY CO' `ORATIOl~- -' - ~ ,~~~r~ ~; BUILDER AGREEMENT AGREEMENT made this /~ day of ~e ~~:sa,2 , 20 ~`~ , between QUALITY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as "QBW," and %~ asE've l~ ~~lcL~z> ~ ;:. ame of Builder: (indicate whether a corporation, partnership, rndroidual or other) of Address ~ ~ ~ 9 ~` ~' ~~~~' ~ ~c~/. ~`~~ s State ~4 z1pt~~ 1 ~ herein referred to as "Builder." 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 pro- tects 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 all 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 deter- mines that Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's member- ship 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 enroll- ment 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 execution of this Agreement or reacceptance, and QBW 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 and model homes must be enrolled on the date of the Certificate of Occupancy or use as a model, whichever is earlier to qualify for enrollment. The warranty(s) 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. if membership is terminated, at the direc- tion of QBW, Builder agrees to enroll any remaining units not enrolled at the time of termination. ~ ; t 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 $150.00 shall apply. s QBW will provide Builder with a copy of the Limited Warranty Agreement and Enrollment Form. Builder and pur- chaser 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 enrollment fee. A home will not be considered enrolled until QBW receives and approves the fully executed and com- pleted 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;-'- enroll any eligible home as required by this ,, cement, QBW may seek specific enforce- ment or other appropriate relief in I. , or equitable proceedings, even if this Agr~ment has been terminated. Furthermore, 'Builder agrees to indemnify and hold harmless QBW and its insurer for 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 QBW 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; Q) 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; (I) 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 QBW 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 immediateiy return to QBW all materials supplied by QBW and all material making reference to QBW. Should Builder fail to take these steps, it shall indemnify 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. In 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 suspend the Builder, such suspension will remain in effect until Builder has cured all defects to QBW's satisfaction, how- ever, 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 in conformity with the Warranty Standards provided in the Limited Warranty t.I~'/I~,T ~ Agreement, and/or in conformitS h approved building codes and other sta~ '~rds established by QBW and in effect at the beginning of construction ~,r the enrolled home. QBW reserves the r,~ _ to establish special requirements for escrow payments or other means of protection with respect to any homes constructed by Builder which QBW deter- mines 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) QBW 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 QBW and/or its Insurer for any losses or damages QBW andlor 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 QBW 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 QBW 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 pro- fessional 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 ail 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 QBW intervention. During years one and two under the QBW Warranty Program, if the Builder faits or refuses to perform its obligations in accordance with the Limited Warranty Agreement or this Agreement, QBW will perform the Builder's obligations, how- ever, the Builder agrees to reimburse QBW and/or Insurer for all expenses incurred in performing their obligations, includ- ing but not limited to, cost of materials, cost of collection, labor, architect's fees, engineering fees and counsel fees. QBW and/or Insurer reserve all rights of subrogation. During years three through ten under the QBW Warranty Program, QBW will perform its obligations with respect to major structural defects as set forth and defined in the Limited Warranty Agreement without the right of subrogation against the Builder provided that the defect, or symptoms of the subsequent occurrence of the defect, first arose after the expira- tion of two years under the QBW Warranty Program in effect for that home, and that Builder did not attempt to conceal or cosmetically repair the defect or symptoms of the subsequent occurrence of a defect and that the defect does not arise from Builder's failure to construct the home to applicable QBW standards or adhere to Builder's responsibilities under the Builder Agreement. if the Builder repairs a major structural defect during years one or two, QBW must be notified. Once notified, QBW will perform a compliance inspection. 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 QBW 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 faits 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 obligate 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 determination will not affect the validity of the remaining provisions. 5. This Agreement shall be interpret' ~'~nd enforced in accordance with the law; the Commonwealth of Pennsylvania. All . suits instituted under this Agreen~.,. ~t shall be brought in Pennsylvania in a court of competent jurisdiction. Builder here- by consents to the personal jurisdiction of the Pennsylvania courts. 6. Builder shall not assign this Agreement without the prior written consent of QBW. 7. This Agreement shall inure to the benefit 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, mod- ified, 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 indicated on the front, 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 BUII.DERS VITA-IZRANTY CORPORATION By Date of execution by QBW ebrtaary 28, 2005 Builder's Registration No. 50418 BUILDER ~doSc.V2.\~ ~~~dc?SSF~i•~G~ (Name of 8wlder -please pnnt or type) Date ~.~ ~ c BY of (Please print name/title of executor) ADDENDUM t--- Sign Here In consideration for receiving a reduced rate, Builder agrees to maintain its' membership in the QBW program for a period of _~ years to commence on the date this addendum is executed by QBW. Builder agrees to submit for enrollment all homes which Builder or any affiliate constructs during this term and any extensions. In exchange, Builder's rate will be $ 1 "~~ /per thousand. The addendum will renew for like terms unless (30) days prior to the expiration of the term, or any extensions; either party provides the other (30) days advance written notice that they intend not to extend the period entitling the builder to a lower rate. If Builder provides notice, QBW will adjust the Builder's rate upward effective at the end of the then current term. BUILDER Date ~By _ ~i ~, : ~ ~ Representative -Tide) (Please print name/title of executor) BUII..DERS WA~ZRAN'I'Y CORPORATION By s.a.e. of Builder =please print or Date Fghru_ a~?f~ 7005 Please note that in reviewing applicants for the QBW Program, certain costs are incurred, therefore all application fees are non-refundable. Copyright 1988 Quality Builders Warranty Corporation OBW FORM X50 9lQ4 C WN iCOMMUNITIFS, INC. August 1, 2007 Quality Builders Warranty Corporation Fax 717-737-4288 .Attn. Jordan Olshefski Dear Sir, Thank you for your fax of 7/19/07. Per page 2, Section B.6.o. Crown Communities is providing QBW with 30 days advance written notice of our termination of your services. Also per the Agreement, Crown Communities shall continue our obligations for those homes enrolled through August 30, 2007. Best Regards, __,.,~ Kelly Nelson For Katie Downey ~xN~a~r S DOWNEAST BUILDERS & REALTY, INC • ROOSEVELT BUILDERS, INC • FRANKLIN BUILDERS, INC • JEFFERSON HOMES, INC 1371 I)ogwaod Drire • Conyers • CA • g0o12 • 678-50g-o555 Phoue • 678-509-0554 I'ax cti cvw.crowilcominunitiesinc.com VERIFICATION I, JORDAN F. OLSHEFSKI, Vice President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Plaintiff's Reply to Defendant's Preliminary Objections is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Quality Builders Warranty Corporation Date: lp~ ~ $ ~ 0 ~ By: ~^' Jordan F. lshefski, Vice President CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Notice of Default was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Thomas O. Williams, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011-4642 Date: /bfl ~(~b'] Pe orrison, Secretary C3 ~ .._ . ~i,` . ~ ~F~ _ t~•.~ -~; t i N ,R1 `:.~ ..,~, _._ . ...... -_:C~ =/pt"f4 ~ ~' '' f ,.~ .~. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) QUALITY BUILDERS WARRANTY CORPORATION (Plaintiff) vs. ROOSEVELT BUILDERS, INC. (Defendant) No. 07-5307 CIVIL Tenn 1. Siate matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objection to Plaintiff's Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Lam,.., .7ahn_ A _ Gill, r.snriire (Name and Address) 325 NorthSecond St., Wormleysburg, PA 17043 (b) for defendant: Thomas O.Williams, Esquire, Reaper & Adler P.C. (Narx~ and Address) 2331 Market Street, Cama Hill, PA 17011-4642 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 23, 2008 Signa v ehr- ~ 6, c.` Print your name Date: J ~ . ~ ' ~ ~ Attorney for ~'~; CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Praecipe Listing Defendant's Preliminary Objections for Argument was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Thomas O. Williams, Esquire Reager & Adler P.C. 2331 Market Street Camp Hill, PA 17011-4642 Date: ~?dv . '? X0'7 Peggy 'son, Secretary ~ -~s~°y~ ~ ~ ~ C3 ~-? m ~{, ""~ ! =~ t, ~' -~~ ~" ~ ,..; C7 ~C .~' QUALITY BUILDERS IN THE COURT OF COMMON PLEAS OF WARRANTY CORPORATION :CUMBERLAND COUNTY, PENNSYLVANIA V. ROOSEVELT BUILDERS, INC. N0.2007 - 5307 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTION RAISING LACK OF JURISDICTION BEFORE GUIDO, J. ORDER OF COURT AND NOW, this 23~ day of JANUARY, 2008, after review of the briefs filed by the parties in support of their respective positions and having heard argument thereon, the Defendant's Preliminary Objection Raising Lack of Jurisdiction is OVERRULED. Edward E. Guido, J. /John A. Gill, Esquire /Thomas O. Williams, Esquire Court Administrator l~U a ~ ~E..4 /ri cZ.~ I i~ay~o8 ~~ :sld .3 ,}~ ~,g f °7 a~~ vas ~~% . .. _ :;~Y~~.~. `~..+ REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamsnReagerAdlerPC.com BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: Rjoyice(a~Rea~erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION Plaintiff v. ROOSEVELT BUILDERS, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5307 CIVIL ACTION -LAW Jury Trial Demanded PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter into the record in this matter the attached Affidavits of Expert Arthur T. Anthony and Witness Catherine Downey. These Affidavits were Exhibits A and B, respectively, of Defendant's Brief in Support of Preliminary Objections with Affidavits previously filed in this matter on January 11, 2008. Respectfully submitted, RED Date: January 24, 2008 BY~ l~ ~~h ~ ~ 1 ~ ~ STATE OF GEORGIA COUNTY OF DEKALB AFFIDAVIT OF ARTHUR 'I'. ANTHONY Personally appeared before the undersigned officer, duly authorized to administer oaths, Arthur T. Anthony, who after being duly sworn in accordance with law, states under oath as follows: My name is Arthur T. Anthony and I am over the age of 18 years and competent to testify. regarding the matters contained herein. I make this Affidavit based upon my own personal knowledge and my review and professional analysis of the relevant records attached hereto. 2. T am a certified forensic handwriting and document examiner and the principal of Arthur T. Anthony, LLC. I am also presently the Chief Forensic Document Examiner and Manager of the Questioned Documents and Forensic Imaging Section of the Georgia Bureau of Investigation, Division of Forensic Sciences. I have been the Chief Forensic Document Examiner at the Georgia Bureau of Investigation State Crime Laboratory since 1997. 3. I was employed by the Illinois Department of Law Enforcement's State Crime Laboratory from 1978 through 1981. 4. From 1974 through 1978 I was employed in the computer and laboratory divisions of the Federal Bureau of Investigation. 254025 vl . ~~ f ~) 5. Frorn 1972 through. 1974 I served in the United States Army. 6. In 1971 I received a Bachelor of Science degree from Central Missouri State University in Warrensburg, Missouri. 7. I have conducted many thousands of examinations and comparisons, involving numerous pieces of documentary evidence, in the course of my 28 years of experience. A copy of my professional resume is attached hereto as Exhibit "A" and incorporated herein by this reference. 8. Over the course of my 28 years of experience, my practice has been devoted substantially to the examination of signatures and other writings for the purpose of detecting forgery. My current consultation practice concerns the forensic examination of questioned documents. 9. Based upon my education, training, and experience, I am knowledgeable of and an expert in orensic an wri mg an ocumen examin i 10. I have reviewed eleven documents provided by counsel for Roosevelt Builders, Inc., Jefferson Homes, Inc., Downeast Builders & Realty, Inc., and Franklin Builders, Inc. (the "Crown Entities"). The eleven documents that I reviewed all purported to bear the signature of Catherine Downey, an executive officer of each of the Crown Entities. 2sao2s ~i •~ 11. As set forth in my November 9, 2007 signature analysis (the "November 9 Report") of the eleven documents, it is my opinion that the purported signatures of Catherine Downey that appear on Exhibits 1, 2, 5, and 6 attached to the November 9 Report were prepared by one individual and therefore of common authorship. 12. In addition, my analysis revealed that the purported signatures on Exhibits 3, 4, 7, 8, 9, 10, and -I l attached to the November 9 Report were all prepared by one individual, but. not the same person who signed as Catherine Downey on Exhibits 1, 2, 5, and 6. A true and correct copy of my November 9, 2007 signature analysis is attached hereto as Exhibit "B". The eleven documents attached as exhibits to the November 9 Report should be read sequentially from Exhibit 1 through Exhibit 11. 13. I have no financial interest in the outcome of this action. Further affiant sayeth not. Arthur T. Anthony Sworn to and subscribed before me this ~ day of January, 2008. P bli N ~ ` ~' '`I' ~' e~/ ''~ u c otary y ti ~~ ; O .•~ ' TA ' ' ~ ~' My Commission Expires: ~Q q :. r •., ~o ~ ^~ ~ ~`~:' EXPIRES ; .fl 4 GEORGIA JAN. 31, 2011 c `/\'`~` ~ ,C1~ .r \ zsaozs ~i ~ xp'`~''~ii~~NFn1~~ ~~~~~\\\ ~ ; I I 1 ~ ~ ~ Arthur T. Anthony. Certified Forensic Handwriting and Document Examiner Post Office Box 620420 Atlanta, Georgia 30362 (770) 338-1.938 Fax (770) 234-4300 A practice limited to civil matters concerning the forensic examination of questioned documents, the scope of which, but is not limited to, the examination of signatures and other writings for the purpose of detecting forgery. In addition, the field also includes the non-destructive examination of inks, medical records, paper, obliterations, alterations, interlineations, wills, codicils, deeds, and contracts for the purpose of authentication. 1971 Received Bachelor of Science degree from Central Missouri State University, Warrensburg, Missouri 1972 through United States Army 1974 1974 Federal Bureau of Investigation -Computer and Laboratory through Divisions 1978 1978 through Illinois Department of Law Enforcement -State Crime Laboratory 1981 1981 Georgia Bureau of Investigation -State Crime Laboratory. to Chief Forensic Document Examiner & Manager of Questioned Present Documents and Forensic Imaging Section BACKGROUND: Initial training in the exanination of questioned documents began in 1976 at the FBI Laboratory in Washington, D.C. Worked in the capacity of a Physical Science Technician in the Document Section of the Laboratory Division. Affiliation with the FBI Lab lasted for two and one half years. Subsequently, accepted a position as a Document Examiner for the Illinois Depart.~nent of Law Enforcement where my professional training continued under the direction of the Chief Document Examiner for that State Crime Laboratory System. Associated with the Illinois Department of Law Enforcement, Crime Laboratory System for approximately three years. . , . Presently, Chief Forensic Document Examiner and Manager of the Questioned Documents and Forensic Imaging Section of the Georgia Bureau of Investigation, Division of Forensic.Sciences. (State Crime Laboratory). Conducted many thousands of examinations and comparisons, involving numerous pieces of documentary evidence in the course of the thirty plus years of experience. QUALIFICATIONS/CERTIFICATIONS Have qualified to testify as an expert in federal and state courts, commission and arbitration hearings, mediations, administrative hearings, Federal Daubert Hearings, as well as medical peer review boards in Illinois, Georgia, Florida, Tennessee, Alabama, Pennsylvania, acid South Carolina, concerning questioned document problems. Have provided expert testimony at trial, hearings and at depositions in excess of three hundred and fifty times, Certified by the American Board of Forensic Document Examiners since 1984, a national organization which attests to the competency of individuals engaged in the examination of questioned documents. Member and past chairman of the. document section o£ the American Academy of Forensic Sciences. Member of the American Society of Questioned Document. Examiners. Presented papers at annual conferences of both organizations as well as published in the Journal of Forensic Sciences the official publication of the American Academy of Forensic Sciences a peer reviewed journal. Maintain membership in the International Association for Identification and the Southeastern Association of Forensic Document Examiners (SAFDE). Charter member and initial membership chairman of SAFDE. During the course of the last twenty-plus years, have attended many workshops, seminars, testing, and training offered by professional, corporate, governmental, and international organizations. LECTURES: Lectured regarding forensic document examination. at community colleges in Illinois and Georgia, the Georgia Public Safety Training Center, for bank security officers, State of Georgia Association of Voter Registrars, the Georgia Criminal Defense Lawyers' Association, FBI Questioned Document Training Seminar, Quantico, Virginia, the annual meetings of the Georgia Trial Lawyers Association and Prosecuting Attorney's Counsel, and the Atlanta Chapter of Legal l~lurses, and Georgia Shorthand and Court Reporters. Guest lecturer at the Federal Bureau of Investigation's 2°d International Symposium on The Forensic Examination of Questioned Documents, Albany, New York, June 1999. .~ PUBLICATI ON S/PAPERS [1] "The Erasable Bali Point Pen-Some Observations," presented at the annual meeting of the Illinois Chapter of the International Association for Identification, 1979. [2] "Examination of Magnetic Ink Character Recognition Impressions,". Presented at the 35th annual conference of the American Academy of Forensic Sciences, Cincinnati, Ohio, February 1983 and subsequently published in the Journal of Forensic Sciences, Vol. 29, No. 1, January 1984. [3] "D'Nealian: A New Handwriting System?," presented at the annual conference of the American Society of Questioned Document Examiners, Nashville, Tennessee, September 1984. [4] "Comparison of Modern Typestyles," Presented at the 37th annual conference of the American Academy of Forensic Sciences, Las Vegas, Nevada, February 1985. Published in the Journal of Forensic Sciences, Vol. 31, No. 2, April 1986. [5] "Analysis of Typeface Alignment in Electronic Typing Systems," presented at the annual meeting of the American Society of Questioned Document Examiners, Savannah, Georgia, September 1986. [6] "Examination of Unaccustomed Hand Signatures," presented at the., annual conference of the American Academy of Forensic Sciences, Philadelphia, Pennsylvania, February 1988. [7] "Letter Quality Impact Printer Hammer Impressions," presented at the International Association of Forensic Sciences, Vancouver, British Columbia, Canada, August 1987. Subsequently published in the Journal of Forensic Sciences. Vol. 33, No. 3, March 1988. [8] "90 Degrees North? Examination of Journal No. 1 1909," A report on the examination of the original Arctic Journal of Robert Edwin Peary at the National Archives, Washington, DC. A paper presented at the 47~' annual meeting to the American Society of Questioned Document Examiners, Washington, DC, August 1989. Subsequently published in the Journal o Forensic Sciences, Vol. 36, No. 5, September 1991. [9] "An Unusual Software Font." Presented at the annual conference of the American Society of Questioned Document Examiners, Lake Buena Vista, Florida, August 1991. [ 10 J "Analysis of Modern Non-Impact Printing Systems." A paper presented at the 45~' annual conference of the American Academy of Forensic Sciences, Boston, Massachusetts, February 1993. ., s [11] "The Role of Document Examination on the Aftermath of Flooding in Georgia During the Summer of .1994"Apaper presented at the annual conference of the American Society of Questioned Document Examiners, Chicago, Illinois, August 1995. [12] "The Source of Significant Typeface .Defects on Electronic Typewriter Printwheels," A lecture presented at the Federal Bureau of Investigation's 2na International Symposium on The Forensic Examination of Questioned Documents, Albany, New York, June1999. A condensed version Published in the FBI Web based Journal Forensic Science Communications. [13] Back to Basics column of interesting and' questionable patterns. Published in the Journal of Forensic Identi ication. Vol. 50, No. 4, July/August 2000. [14] "A Software Tool for Line Quality Determinations," Apaper presented at the 52°a Annual Meeting of the American Academy of Forensic Sciences, Reno, Nevada, February 2000. [15] "A Validation Study Concerning the Axiom That No Two Homogenous Signatures Can be Identical in all Respects,"Apaper presented at the International Association of Forensic Sciences conference, June 2000, Las Angeles, California [16] "A Software Program for Line Sequence and Line. Quality Determinations: A Progress Report," A paper presented at the 58~h Annul Conference of the American Society of Questioned Document Examiners, Ottawa, Ontario, Caliada, August 2000. [17] "A Compendium of Defects from Non-Impact Pruzting Systems,"Apaper presented at the Annual Meeting of the American Academy of Forensic Sciences, Seattle, Washington, February 2001. [18] "Validation Study of Measurement of Internal Consistencies Software (MILS) as it relates to Line Sequence and Line Quality Determinations in Forensic Document Examination," a paper presented at the Annual Meeting of the American Academy of Forensic Sciences, February 2002. [19] "An Esoteric Technique Useful in the Identification of Unidentified Remains from the Examination of Faded, Illegible Hospital Identification Wristbands," published in the Journal Forensic Sciences, Vol. 48, No. 4, July 2003. [20] "Forensic Document Examiner Involvement in Medico-Legal and Other Non- Traditional Document Issues"Apaper presented at the annual meeting of the American Society of Questioned Document Examiners, Baltimore, Maryland, August 2003. [21] "Is Penmanship Dead? Tablet PCs and Their Impact on Forensic Document Examination" a paper presented at the annual meeting of the Southeastern Association of Forensic Document Examiners, Atlanta, Georgia, Apri12004. [22] . "Image Processing Method Purported to be Useful in the Detection of Image Manipulation" a paper presented at. the annual meeting of the American Academy of Forensic Sciences, San Antonio, Texas, February 22, 2007. [23] "Digital Paper: Fad, Flop or the Future? a paper presented at the annual meeting of the American society of Forensic Document Examiners, Boulder, Colorado, August 16, 2007. .~ i s , The following is a list of cases in which I recall giving testimony at trial, hearings or through deposition for the last four plus years: 02/01/99 State of Georgia V. Alcindor Fortson, Oconee County Superior Court Case No. 98-CR-235B-S 02123/99. State of Georgia v. Becry Freeman, Clayton County Superioc,Court Case No. 98-GR021436 03/18199 ~ Michael L. Kelly, individualCy and. by next friends Pat Kelly and' James P, Kelly v: Jahn C. Rochester, M.D., et aL, Circuit Court For Knox County, Tennessee, Civil Action File No. 2-608- 96, Deposition, Atlanta; Georgia 04/14/99 State of Georgia v. Marilyn Gail Stutsman, Morgan County Superior Court 05!27/99 State of Georgia v. Margaret Ann Brown, Walker County Superior Court, Case No. 18621 09/23/99 ~ State of Georgia v. Lawrence Chinnery, Cherokee County Superior Court, Case No.: 99-CR- 000441 09/28/99 State of Georgia v. Donnie Jeff Manning, Macon County Superior Court Case No.: 97R-211 10/12/99 S. M. Bishop v. Phillip Lawson, et al., Deposition, Atlanta, Georgia Case No.: 99V0240 01120/00 The Estate of James W. Lovett, Fulton County Georgia, Probate Court Arrington & Hollowell File No. 99-145 02/03/00 5. M. Bishop v. Phillip Lawson, et al. Continuation of Deposition, Atlanta, Georgia, Case No.: 99V0240 03/09/00 State of Georgia v. Frank Schwindler, Chatham County Superior Court Case No.: CRN- 990202063A 05/05/00 State of Georgia v. Michael J. Gilson, Hall County Superior Court Case No.: 1999CR001364A 06/12/00 State of Georgia v..Ramon E. Ferguson, Columbia County Superior Court Case No.: 199900704, Indictment#99CR259 07/13/00 Fletcher Florence v. Oak Manor Nursing Home, Muscogee County Superior Court, Civil Action File No. SU97CV-4233, Deposition, Atlanta, Georgia 07/26/00 Fletcher Florence v. Oak Manor Nursing Home, Muscogee County Superior Court Civil Action File No. SU97CV-4233 10/04/00 S. M. Bishop v. Phillip Lawson, et al., Carron County Superior Court Case No.: 99V0240 04/30/01 State of Georgia v. Michael Tony Cooper, Hall County Superior Court 05/08/01 State of Georgia v. Jonathan Lee Evans, Whitfield County Superior Court 05/18/01 Sysco Foods of Atlanta v. Robert McNeill, Gwinnett County State Court, Deposition, Atlanta, Georgia, Civil Action File No.: 99-C-6414-3 07/11/01 State of Georgia v. Tracy Fortson, Madison County Superior Court Case No.: 00-MR-141-T 08/15/01 Windsor Door, Inc.,~v. Mike's Overhead Door, Inc., and Mike Ratteree, Bibb County State Court, Civil Action File No. 47488 08/28/01 Margaret C. Griffin, as personal Representative of the Estate of Daniel V. Griffin v. American General Life, in the Circuit Court of the Thirteenth Judicial Circuit, Hillsborough County, Tampa, Florida, Case No.: 95-410, Division "H" 10/22/01 Elaine GiN v. The Medical Center of CentraLGeorgia, Bibb County Superior Court, Case No. 98- CV-2686 11/09/01 United States of America v. Terry Wayne Kirby, United States District Court, Northern District of Georgia, Atlanta, Daubert Hearing; Criminal Action File No. 1:01-CR-642-JTC 11112/01 State of Georgia v. Rico Teasley, Clarke County Superior Court, Case No. SU98CR0371 11130/01 Roberta L. Brown, et al. v. Benjamin S. Brown., M.D., et al., Upson County Superior Court, Civil Action Fiie No. 00-V-316, Deposition, Covington, Georgia 12118/01 United States of America v. Terry Wayne Kirby, United States District Court, Northern District of Georgia, Atlanta, Daubert Hearing continuation, Criminal Action File No.1:01-CR-642-JTC 02108/02 Premier Holidays International, Inc., et al. v, First Union Bank, United States District Court, Northern District of Georgia, Deposition, Atlanta, Georgia, Civil Action File No. 1:OCV-91-ODE 03128/02 State of Georgia v. Shanda Poorbaugh, Rockdale County State Court .~ : ~ + 09/26/02 Omega Research and Dev., Inc., v. Urim Corp., United States District Court Northern District of Georgia, Atlanta, Civil Action No. 1:01 CV-2011, Deposition, Atlanta, Georgia 10/25/02 Premier Holidays International, Inc., et al. v. First Union Bank, United States District Court, Northern District of Georgia, Atlanta, Civi( Action Fiie No. 1:OCV-91-ODE 10129/02- State of Georgia v. George R. Grinstead, Toombs County Superior Court, Case No.: 1`CR00291 12/11/02 State. of~Georgia v. Michael Roberts, Houston County Superior Court Case No. 2002-C-28854, 12/20/02 The Estate of Bobby Brown, Jr., DeKalb County Probate Court Estate No.: 2001-0659 01!13/03 North Grading v. St. Paul Fire & Marine Insurance Co, United States District Court, .Northern District of.Georgia, Newnan Division, Civil Action No. 3:02-CV-103-JTC 02/05/03 .State of Georgia v. Marcus Dixon; Fulton County Superior Court Indictment No. 01SC12278 02/10/03 Chester Porter. Moss. arid James Hargrove v. Crawford and Company United States District Court, Western District of.Pennsylvania, Pittsburgh Case No. 98 -1350 06/18/03 State of Georgia v. Kenya. (NMN) Davis, DeKalb County Superior Court, Case No.: 02-CR-3436 07/10/03 State of Georgia v. Kameron Bernard Kelsey, Bibb County Superior Court, Case No.: M01048138 08107/03 State of Georgia v. Brandon Deki1 Tarver, Washington County Superior change of venue to Toombs County, Case No.: OOCR00078 09/04/03 Heritage Financial, Inc. y. Martin Lysaght and James Quay, Fulton County Superior Court, Civil Action File No.: 2002CV5645 11/18/03 U. S. v. William Emmett LeCroy, Jr., Criminal Action No. 2:02-CR-38 Daubert Hearing, Northern District of Georgia, Gainesville Division 02/25/04 U. S, v. William Emmett LeCroy, Jr., Criminal Action No. 2:02-CR-38 Northern District of Georgia, Gainesville Division 03/01/04 State of Georgia v. Janice Marie Carlisle, Case No. 97-B-0.731-1, Gwinnett County. Superior Court 03/22/04 U. S. v. Debra B. Woodard, et al. Case No.1:03-CR-498-3TC, Federal District Court.for the Northern District of Georgia, Atlanta, Division 03/23/04 U. S, v. Debra B. Woodard, et al. Case No. 1:03-CR-498-3TC, Federal District Court for the Northern District of Georgia, Atlanta, Division District of Georgia, Atlanta, Division 03/25/04 State of Georgia v. Tracey Fortson Case No.: 00-MR-141-T, Madison County Superior Court, Change of Venue to Effingham County Superior Court 04/20/04 State of Georgia v. Donnie Allen Hulett Case No.: 02CR20595 Walker County Superior Court 05/18/04 Jeff Houston v. Daniel Leon Prather, Case No.: 2003CV-554-S, Potk County Superior Court 07/20!04 Patterson, Perry (for Betty Flora Patterson,) et al. v. Life Gare Centers of America, Inc., et a-. - Civil Action File No. 02-A93670-3, deposition,. Atlanta, Georgia 08/25/04 State of Georgia v. Dustin (Dusty) Mitchel Utz, case No.: 04-CR-000317 Cherokee County Superior Court 08/30/04 Judith K. Jaques, et al. v. Georgia Baptist Health Care System, lnc., Civil Action Fiie No.: 03VS047245E, Deposition, Atlanta, Georgia 10/25/04 Destiny Hammock, et a(v. John G. Ricketson, M.D.; Civil Action File No.: 03SCV0504, Deposition Marietta, Georgia 11/08/04 Deborah Johnson, as Personal Representative of the Estate of Pamela Demetra Stegall, et al. v. Jasmine Jeffers, M. D., and Cumberland Obstetrics, et al. State Court of Fulton County; CAFN 03VS043698F, Deposition, Duluth, Georgia 12/07/04 Ulysses Simmons, Jr., et al. v. Baptist Village, Inc., et al Superior Court of Bibb County; Civil Action File No.: 01 CV13737, deposition, Duluth, Georgia 04/12/05 Toccoli v. The Roane Estate, deposition, Gainesville, Georgia .~ ~ ~ , 08/09!0.5 08/26!05 08129/05 09/20/05 10!11 /05 10/28/05 11 /29/05 01/18/06 03/02/06 08/02/06 08/08/06 08/09/06 09/12/06 09/13/06 10/12/06 10131 /06 11 /16/06 12/05/06 Thomas Read. v. Life Gare Centers of America, Inc., et al. Circuit Court of the 10th Judicial Circuit in and for Polk County, Florida, Case No.: 53-2003 CA-003165, deposition, Atlanta, Georgia Charles R. McNutt, Jr. and Lynda McAfee, as Administrators of the Estate of Charles McNutt, Sr:, v. Jane Benson, Civil Action File No. 03-CI-196, Murray County, deposition, Calhoun, Georgia John T. Shirley, as Administrator of the Estate of Jeannie Rebecca Campbell et al. v. Life Care Centers of America, Inc,, d/b/a Life Care Center of G~rvinnett, of al. Civil Action File No.: 2005CV95894, deposition, Atlanta, Georgia The Estate of B. E. Freeman, Probate Court, Bainbridge, Georgia . Charles R. McNutt, Jr., and Linda McAfee Administrator of the Estate of Charles R.. McNutt, Sr., V. Jane Benson Civil Case No.: 03-CI-196, Murray County Superior Court, Chatsworth, Georgia Lonelf Robinson, Representative of the Estate of George Robinson v. Manor Care, Inc., f/n/a HCR Manor Care, Inc., et al, Civi! Action File No.: 03-C-540K, In the Circuit Court of Raleigh County, West Virginia, deposition, Atlanta, Georgia State of Georgia v. Winston Pressley Reid, et al Case #: 2005000510, Columbia County, Evans, Georgia Estate of Myrlean Chambers Hicks, Estate No.: 19442, Floyd County Probate Court, Rome, Georgia State of Georgia v. James Vincent Sullivan, Fulton County Superior Court, Atlanta, Georgia Katina Hall, individually and as Mother, and Guardian of Kimora Edwards, a minor child v. Suwanee Pediatrics, et al. State Court of Gwinnett County Civil Action File No.: 02-C-10019-4, deposition, Atlanta, Georgia Katina Ha(I, individually and as Mother, and Guardian of Kimora Edwards, a minor child v. Suwanee Pediatrics, et al. State Court of Gwinnett County Civil Action File No.: 02-C-10019-4 State of Georgia v. Timothy Whitley, Fulton County Superior Court, Case No. 02SC07001 In Re: Estate of Martha Ann Bishop, Estate No.: 06-52,Union County Probate Court, Blairsville, Georgia Robert F. Wright, Jr., Cecil Herbert Barnes, Jr., et al v. Sherry T. Barnes, et al In Re: Estate of Cecil H. Barnes, Sr., The Court of Common Pleas for Aiken County, Aiken, South Carolina, Case No.: ~ 2005-CP-02-38 Robert Steven Dysart and Debbie J. Dysart v. Cartersville Medical Center, et al Civil Action File No.: 05A4964-1, Deposition, Atlanta, Georgia Lawrence William Lee v. William Terry, Warden, Georgia Diagnostic Prison, Superior Court Butts County, State of Georgia Case No.: 89-V-2325, Deposition, Decatur; Georgia State of Georgia v. Scott Davis, Fulton County Superior Court, Atlanta, Georgia, Case No.: 05SC37460 Kimberly Mullins and Timothy J. Mills, Jr., as Co-Persona! Representatives of the Estate of Timothy J. Mills, Sr., Deceased v. Ronald S. Sills, M.D., et al In the Circuit Court of the 18th Judicial Circuit, Brevard County, Florida Case No.: 05-2003-CA-044050, Deposition; Atlanta, Georgia 1 ~ ~~ t 01/24/07 State of Georgia v. Koby Karuzis, In the Juvenile Court of Gwinnett County Gase Number: 06-4358 03/02/07 Charles M. Thomas v. Birmingham Budweiser Distributing Company, Inc., The Northern District of Alabama, Birmingham, Alabama, Evidentiary Hearing. Case No. CV07-BE-0021-S 03/27/07 State of Georgia v. Kenneth L..Johnson, Case No.: 05-R-110, Grady County Superior Court 05/17/07 State .of Georgia v. Sunday Stokes, Case No.: 06-CR-0055S, Treut(en County Superior Court, Probation Revocation Hearing 07/06/07 Charmaine Zawiia, et al v. Sovereigh Healthcare of Metrowest, of al, Deposition, Orlando, Florida 08/02/07 -State of Georgia v. Leonard Smith, Dooly County Superior Court, Vienna, Georgia Case No.: 07DR-002 09/24/07 State of Georgia v. Stacey lna Humphreys, Glynn County Superior Court, Brunswick, Georgia, Change of venue from Cobb County, Case No. 04-0673 10/09/07 State of Georgia v. Brian Bookins, Baldwin County Superior Court, Milledgeville, Georgia, Case No. 06-CR-06-CR-45776 12/11!07 Ford v. ford, Gwinnett County Georgia state Court ~ ' t a ~ u , Arthur T. Anthony, LLC Certified Forensic Handwriting & Document Examiner P. 0. Box 620420 Atlanta, Georgia 30362 November 9, 2007 Cindy Leopard, Esquire Burr and Forman 171 Seventeenth Street, NW Suite 1100 Atlanta, Georgia 30363 Re: Catherine Downey -Signature Analysis Dear Ms. Leopard: (770)338-'1938 FAX (770) 234-4300 You provided me with various electronic copies of various documents and portions of documents bearing signatures and writing for examination and comparison. Basically, you requested that I determine if the signatures were all prepared by the same individual. The following is a description of the signatures and the results of my findings: . 1. Redacted document bearing the signature Catherine Downey as President. Labeled Exhibit 1. 2. Redacted document bearing the signature Catherine Downey. Labeled Exhibit 2. 3. Redacted document bearing the signature Catherine Downey for Roosevelt Builders, Inc., dated 2-12-05. Labeled Exhibit 3. 4. Redacted document bearing the signature Catherine Downey for Roosevelt Builders, inc., dated 2-12-05. Labeled Exhibit 4. 5. Stubbs Road Development LLC check #1102, dated 8122!05, signed Catherine Downey. ' 6. Redacted voided check #4932, dated Jul 8, 2005, signed Catherine Downey. 7. Authorization for Downeast Builders & Realty, lnc., undated, signed Catherine Downey. Labeled. Exhibit 1. 8. Quality Builders Warranty Corporation signature page for builder Jefferson Homes, lnc., dated 2-11-05, signed in two places Catherine Downey. Labeled Exhibit 3. Diptometo,Amedcan Boer! of Foronsic Ooeument Examiners Amerign Sodety of Questioned Document Examiners American Academy of Farenelc Sdencea ~ z + ~` ~ ~ ~ t Cindy Leopard, Esquire November 9, 2007 Page Two 9. Quality Builders Warranty Corporation signature page for builder Downeast Builders & Realty, Inc., dated 2-11-05, signed in two places Catherine Downey. Labeled Exhibit 4. 10. Quality Builders Warranty Corporation signature page for builder Franklin Builder, inc., dated 3-28-05, signed in two places Catherine Downey as Vice President. Labeled Exhibit 2. 11. Quality Builders Warranty Corporation signature page, dated 2-11-05, signed in two places Catherine Downey. Labeled Exhibit 3. REQUEST: Conduct examinations and comparisons of the Catherine Downey signatures on Exhibits 1 through 11 in an attempt at determining whether they were all prepared by the same individual. FINDINGS: It is my professional opinion, after examination and comparison of Exhibits 1 through 11, that the Catherine Downey signature on Exhibits 1, 2, 5, and fi were prepared by one individual and, therefore, of common authorship. Further comparison reveals that the Catherine Downey signature andlor signatures on Exhibits 3, 4, 7, 8, 9, 10, and 11 were ail prepared by one individual but not the same person who signed as Catherine Downey on Exhibits 1, 2, 5, and fi. x; Differences in letter designs, initial and ending strokes, height relationships of letters, size, spacing and especially skill between the two groups of signatures, as described above, are ail factors in the formulation of my opinions in this matter. REMARKS: Note that Exhibits 9 and 11 are two versions of the same document. The above; findings are demonstrable through an enlarged illustrative chart. If testimony is required, please allow sufficient time for the necessary preparations. A curriculum vitae outlining my experience in forensic document examination, including signature analyses is attached. Dfplomate-American Board of Forensic Dowment Examiners American Sodety of Queslbned Document Examiners American Academy of Forensic Sctenoes ~ ~ ~ ~ i l Cindy Leopard, Esquire November 9, 2007. Page Three All electronically submitted documents are attached to this report. Respectfully, Arthur T. Anthony Diplomats-Arrredcan Hoard of Forensic Doasrrsnt Examiners American Society of Qusstionsd Doarntent Examiners American Academy of Forenatc Sdenosa ~~~ t ~ 4 i f ~. i 6 F ss ~ t I 7~ i 4 e f { Z EXHIBIT 1 t ~ ~ i 4 1 i ~ i 1 1 7 i w~ ,~ :~ EXHIBIT 2 .{ a t t ~ •. ~ ~a ~ 'Y ~ iNama of ddr . pMa1a peFit.eYiyp}) ~8~ ~_ ~ - ` il~sNwwn or ~,swrtan nipnipa~rr• ~w..r~ EXHIBIT 3 < 1 , ~ ~ , ~ ~ ~ { ~ i i _` !Ys T"~Y ~.Y~ ~~ i • } EXHIBIT 4 -., ~ ~~ 1 e ~_ , t I '~ y ~ °~ i ..Jti7;~::8;• 2005 ... ~,~~:. ~~. t T DAYS ar .jv.~•i.'s:~ .N.•.' ~.~: 4~. .~ ' ~. ~' ''. I". .::r:~ :w ..... ... ... .. ..~ .... ;.,: .M1 ~. ~t ~~,• y~• • •• ~ •• ... .. •f'. •.. •. • ..~ '~ ti pd LU ~ ~.1 u ~ n ~ 10/22/i007 07:2 ,(-3 717 730 T388 82/11/2805 16:39 7T078883~4 • - .. flue undegtgnad autt,o0~ claw to ca~duct InquUia and obhiTn oiadlt spate ro dehrat~e d1v unde~lQnod's 1~nen¢~a! and t~osrdCat e60ty to peti roan moenoe~on. muderthe csw tad vuerr+ntr ~ropranw ~ wam.~+ rsedwd ~ N~a- ~ ds need m eoNtdene~ une~. othorvAee •p~illed. The ursdaeelgrted rogwsm thtl yea rnatm aveAable to tiBVY ery tnformeUon In year poewplpn, wats~u 484Y teque~b. + , AUiHOHItATION NAME dF COIAPANY (PLFJ~E ~ ` AtJrHOF~ ~ S 6 RHAGBR & ADLSR X009/008 A<TING DFP'T PA6E 84/13 ae ~u~ ro rf~c~va~ ~~ Fo>u.owi~c wtTH Yovp apPU+r~o~: 1. f~0 rsputar app~stlon fee'• 2.81gned Budder Agraemertt • 3. Mast ctuiertt yeeu' end firrarictat ata~tement or tax return 4, Ptndf df ~@CtCrB! llabiply tnaurar~c0 (bopy of Dedere~ane Papa of Policy or Csttttloate of lnatuance from agerscy) •t)ne home etirotfinerlt appiteatton fee $BOb (eerttRsd checb; ~cped(bad 6 flay applia$tlon pnooesslrtq-fee $6D0 {rertlNed chaok} please Hate that in reviewing app~oar~s far th®Q8W Program, certain cysts ere incurred, tfierefae ati appik~tian fees ere Han-reiu~'tdable. ~ CopyrtgM 1A8a • Quality Buildete Warranty Corporat-dn 9-25 t~. 8econd st. • ~ vva~,T,rgy~t~, pa ~?~ • f ~ ~ ~ ~ 10/22/2007 07:32 Fl-a 717 730 ?388 R$AGBR & ADI~R ~ one/one S. 'this Agreement atreil be kttetW ~ and entoroe~ h soc:ot+der>ce with tt+e law: .. the t;ommonwaalth of Perv:s~t'vanis, a+i, nulls insMtuted under fhb Agrrement ahatt bar braupht in Pertlmyhrenla in a Court of oontpetent jurfsdtcttan. Busldar here- by consa,ta to the peraonei )urlsdiCtlan of the PelnnsyNenls court. 6. t3uUder shall not eaefan this Agreement without trie prior wrHten oonoeat of Gew. ' . 7. 71tie AgreameM shall hnuQto the benefit of and b'e binding upon fire heirs, executors, sdrrrlnistrators, assignee, and auc- 'ceeears of the repreaentstivo parties. ' B. This Insbument, end. asraxtty. doCUman4e and doaimente referred to or inoarparated herein by reisrenoe, contain me entire apteement between the part<ea, and no statement, promtees. Or Induaementc made by either party or agent of efttrer peJlyr that•Is nqt conjatned in'tttia written carrtrad shall be valid or binding: and thin oantraot may not be enlarged, mod- tded, ar albred except to writing signed by the pates and endareed horean. 9, Palldre of either party bo tnsiat upon Compliance} wRh any provlslan of ttrta Agreement shall not constitute a wstver of that t0. AO noMceslsqutred heretmdar moat bo in writing and sent by cattlftod meat, Postage prepaid; n3tum rocelpt requested, to the rectPterrt at tt~ respective address indtt~ted an rho iNnt, a to wttatevar address the party may desl$nats h vrrittnng. 1~. The eitecHve date atthla Agreement ahatl be fire data at egceaxlon by g81A/. `r ;: QUAY BUII.DP~t9 WASRAI~CIY CO~UBA'YxON Dane of exeCttttan try taDYV DtrDdeYa Regletrertion Na. . ~~ sulLD~ ~,~ ' eu~-. ~ooM v~ntsrbaa ba+ k~ anarN~uM -- scat ~.ra In coneldersdan for raoeivtng a reduced rgto, Bttlider egress m matrrtafn ks' niern6erattip In the at3Sly Pragrem for a period of year+s'ta commanfoe on the date thte addendum to oXacute~d by taBW. t3uilder agrees to submit fa onroilrnant a9 homes w guilder orany aNitiAt~ oonstruoto during fhb teen and any axtene)ons. In exnt>ange, Butlder'e rate w4l ba 31 ,.,,/per thousand. The addendum wt! renew tar Illce terms unteea (~~ days prior to the exptrattan of the teen, or arty extensions; eWrer Party p>nvldee the outer .(St>) data advance written notice that they intend not to extend the period sntiWng the border to a lower rate. If i~ulkier proJide9 nonce, t78W wilt adjust the 43Wder's rata upward effodive at the and of the then current term. eutl.iaea p~m. or sup - pn.w p+mt or . oar L~ QC7AY1x'X SUII~13R8 WA7dR6NrY CO>~'ORATInN ~y , 'ante ' ' ~Aiease Hate that to reviewing appltt~tlts for the qBW Program, certain costs are incurred, iherebre all appltoatian fees at'e nan~refundabte. n•t h ca~yyrr~erl~t t.~ees/~,~,~~.~p ~:.L,;,.t ..NNt i ", ' aswr~8 ~d ~ ~~~a~~f~ ~ Li;[:EES58LL Bt+~ZZ 888L~2t28 • ~. r+~ ~arn.eeto of maeawe {Phn. nemNmhwesease~ f w ' ~ i tt ~ "T t 10/22/2007 07:58 FAZ 717 7S0 7586 ItBAGB i1 ADI.BR f~004/007 5., 7h~ Agreement shall be tnmrpce~ Md enforced to axordanoe with the lewi. the Cornmonwea-th of Panrtsylvanta. Ail, salts lnstittrted~ under tltb Agreemert shall ba brought in Pennsylvarrla !n a cautt of acmpetert jurisdiction. Bulkier here- byconsents tothe Personal jurtsdictbn of the Pennsytvartia courts. 6. Builder shall not assign this Agreement without the prior wrftten consort of QBW. 7. lhls Ag~m~ aheil tours to trio benefit of and be bincisttg upon the helm, executors, t~mtrrttstratore, assignee, acrd surr osssors of the repreeerrtatl~re parttas. contain the 8. Thts.lnstrument, and aecurily documents and docunents refan8d to or Incorporated herein by reference, errtire agreement between the parties, and no statement, prornlses, or inducements made by either party oragsnt of eNher party triat•te oat contained h this written contract shag tee valid or btrtding; and this contract rr~y not be eNerged; mod- ifled, or attar+ed except in wrfting signed by the parties and endorsed hereon. 9. FaOnre of either party to tnsiat upon cornpGance with any provisbn of this Agreement shall not constitute a waiver of that ~~II~ d, rattan receipt requested, to 10. Ali notices required hereunder must be in wrttinp and sent by certified mau, postage propel the recipient at the respect ve address Indicated on the trorlt, or to whatever address the panty may designate in wrliing. 11. The affective date of ftris /4areement shall be trio date of executlon by QBW. '°' .. QUA.LTTY BRS WA1tRAN1'Y CORPORATION Date of exeautton by QB~N FebruazY ~' 2005 Builder's Regtatretion No: 50416 -~- Blgn Hore ADDENDt1M to conslderatlon'for receiving a reduced rate. Builder agrees to maintain its' rrterrtbership in the Ql3W program for a period of years to~oommencs on the date this addendum is executed by QBW. Builder agrees to eubmft for enrollment sfi homes wh~t3uifder or any affltiate constructs during this term and any extenatons. in exchange, Builder's rate wig be a / ~ lper thousand. The addendum wilt tenerv far files tetrns unless {3t>) days prior to the expiratton of the term, or any exbensiorts; efther party provides the other (~O) days advance written notice that they intend not to extend the period erttftllnp the buAder to a tower rate. It 8ullder provides notice, QBW will adjust the BuiWe>'s rate upward eltective at the end of the then current term. ~~ow~eg~ n u\ BlIIt.DER `~ ~~, •~ Q~a11y Zu ~ Da Bt1II~FAS W~~R~A1V'JrY t^.oRPORATiON gy - Date F~ebruarY 23, 2005 Please note that in reviewing applicants for the Q8W Program, certain costs are incurred, therefore ail application fees are non-refundable. Copy~rgM 11188 Quarter tiutldas tArrr~+ty Co~orWon cow po~woroero~ • :. .~ tcls/~ I4 rr ~ tP~ P~ rwmeMttle e! uoaattod q~t,a.e ~ tnn,dNd. or ~oroeuto~} r "A • '. ~ 5. This Agreement shah be:interpret .nd enforced in accordance with the law:• he Commonwealth of Pennsylvania. All suits instRuted under this.Agreem~nt shah be brought in Pennsylvania in a cou~c of competent jurisdiction. Builder here- by consents to the personal jurisdiction of the Pennsylvania courts. 8, Builder shag not assign this Agreement without the prior. written consent of oBW. 7. This Agreement shall Inure to the benefit 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, mod- ified, or altered except in writing signed by the parties and endorsed hereon. g. Failure of either party to insist upon compliance with any provisbn 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 indicated on the front, 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. By QUp-L1T'I/y BUII.DERS WARRANTY CORPORAx'iON Date of execution by OBW ~~ April 5, 2045 Builder's Registration No. ~ 50425 Dal By ADDENDUM ~--~ Sign Here In consideration for receiving a reduced rate, Builder agrees to maintain ifs' membership in the QBW program for a period of years to commence on the date this addendum is executed by CBW. Builder agrees to submit for enrollment all homes which Builder or any affiliate constructs during this term and any extensions. in exchange, 8uitder's rate wiN be $i v iper thousand. The addendum wilt renew for like terms unless (30) days prior to the expiration of the term, or any extensions; either party provides the other (30) days advance written notice that they Intend not to extend the period entitling the builder to a lower rate. If Builder provides.notice, G1BW will adjust the Builder's rate upward effective at the end of the then current term. By Da' e..,,.,-. _ ..v....,.,,,..,, Please. note that in reviewing applicants for the QBW Program, certain costs are incurred, therefore all application fees are non-refundable. coPU~(1M 11198 o„eifty sunders Warranty Corporation or new soau oso o+a • ntrArltY BUIIDFSiS WARRANTY CORPORATION ~ +.~ i, • x[ • 5'. 'TMs Agreement shall be Interpret ~ 'r1d enforced in accordance with the lawn he Commonwealth of Pennsylvania. All suits~institutad under this Agr~eerinartt shall be brought in Pennsylvania in a court of competent jurisdiction: Builder hefe- by consents to the persona! jurisdiction of the Pennsylvania courts. 6. Builder shall not assign this Agreement without the prior written consent of QBW. 7. This Agreement shall Inure to the benefit of and be binding upon the heirs, executors, administrators, assignee, and suc- cessors of the representative parties. e. This instrument. and security documents and documents referred to ar 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, mod- ified, 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, Tatum receipt requested, to the recipient at the respective address indicated on the front, or to whatever address the party may designate in writing. 11. 'The effective date of this• Agreement shall be the date of execution by Q6W. WA3i1tAN'lY CORPORAITON Date of execution by Q8W ~ Febt:uat:y 28, 2005 Builder's Registration No. ~ 50417 Da' X By ADDENDUM ~--w- Sign F{ere {pleas print ttamsltilb of executor! In consideration for recelving`a reduced rate, Builder agrees to maintain its' membership in the QBW program for a period of _~ years to commence on the date this addendum is executed by QBW. Builder agrees to submit for enrollment all homes which Builder or any affiliate constructs during this term and any extensions. In exchange, Builder's rate will be $ / 7c%/per thousand. The addendum will renew for like terms unless {30) days prior to the expiratson of the term, or any extensions; either party provides the other {30),days advance written notice that they intend not to extend the period entitling the builder to a lower rate. If Builder provides.notice, 08W will adjust the Builder's rate upward effective at the end of the then current term. or or Date ~` ~~'' f ~C By h-° tpnatwa of AtdhorFred Represantatlvo - Ttua) i~UII.DiERS WARRANTY CORPORATYON sy Date Febniary 28, 2005 Please note that in reviewing applicants for the QBW Program, certain costs are incurred, therefore all appticatton fees are non-refundable. CopyrlgM 1998 Quality Builders Warranty corporation a8W FOPUOb09t01 .., (Wesss prht nanw/tius o1 executor) STATE OF GEORGIA . COUNTY OF ROCKDALE AFFIDAVIT OF CATHERINE M. DOWNEY Personally appeared before the undersigned officer, duly authorized to administer oaths, Catherine M. Downey, who after being duly sworn in accordance with law, states under oath as follows: 1. My name is Catherine M. Downey and T am over the age of 18 years and competent to testify regarding the matters contained herein. I make this Affidavit based upon my own personal knowledge and my review of the relevant records and pleadings. 2. I am the secretary of Roosevelt Builders, Inc. ("Roosevelt Builders"), which is the defendant in Quality Builders Warranty Corporation v. Roosevelt Builders, Inc., Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 07-5307. I am familiar with the operations of Roosevelt Builders, which is a subsidiary of Crown Communities, Inc. 3. I am the chief executive officer of Downeast Builders & Realty, Inc. ("Downeast Builders"), which is the defendant in Quality Builders Warranty Corporation v: Downeast Builders & Real ,Inc., Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 07-5310. I am familiar with the operations of Downeast Builders, which is a subsidiary of Crown Communities, Inc. 253986 vl ~ ~ • ~ 4. I am the secretary of Jefferson Homes, Inc. ("Jefferson Homes"), which is the defendant in Quality Builders Warrant~Corporation v. Jefferson Homes, Inc., Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 07-5308. I am familiar with the operations of Jefferson Homes, which is a subsidiary of Crown Communities, Inc. 5. I am the chief financial officer of Franklin Builders, Inc. ("Franklin Builders," and together with Downeast Builders, Roosevelt Builders, and Jefferson Homes, the "Crown Entities"), which is the defendant in Quality Builders Warranty Corporation v. Franklin Builders, Inc., Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 07-5309. I am familiar with the operations of Franklin Builders, which is a subsidiary of Crown Communities, Inc. 6. I have reviewed the complaints and attached exhibits in the above-styled cases against the Crown Entities (the "Complaints"). 7. Contrary to' the allegations of the Complaints, I did not sign any of the alleged contracts attached to the Complaints. 8. The autographs that purport to be my signature on the alleged contracts were forged. 253986 vl 9. I gave authorization to no one, an employee of the Crown Entities or otherwise, to sign my name to the alleged contracts attached to the Complaints. 14. In support of the foregoing, Mr. Tom McCarthy, a sales representative for Plaintiff Quality Builders Warranty Corporation ("QBW"}, called the Crown Entities in January or February 2007 and asked an employee of the Crown Entities to send him signed versions of the alleged contracts attached to the Complaints. 11. In addition, contrary to the allegations in the Complaints and the allegations of QBW's counsel, the Crown Entities have continued to exclusively use QBW as their new home warranty provider throughout the pendency of the four cases styled. above and have not breached any terms of the alleged contracts at issue. 253986 vl CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2008, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be placed in the U.5. Mail, postage prepaid and addressed as follows: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17043 ~ O. Williams, Esquire 2 ~,. ~ -~ '_:1 _ -...a , r ,~ - _ ~. ~, , :.; ,_ REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a~ReagerAdlerPC.com. BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: Rioyce(a~ReagerAdlerPC.com. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff, v. ROOSEVELT BUILDERS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5307 CIVIL ACTION -LAW Jury Trial Demanded NOTICE TO PLEAD To: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second St. Wormleysburg, PA 17043 YOU ARE: HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: February 12, 2008 REAGER Thom,~s'O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 J REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams a,ReagerAdlerPC.com BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: Rjoyce(a~ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION,` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 07-5307 CIVIL ACTION -LAW ROOSEVELT BUILDERS, INC., Defendant Jury Trial Demanded DEFENDANT ROOSEVELT BUILDERS. INC.'S ANSWER WITH NEW MATTER 1. Admitted upon information and belief. 2. Admitted. 3. Denied. It is specifically denied that the Defendant executed a Builder Agreement with the Plaintiff. By way of further answer, it is believed and therefore alleged that the signature purported to be an authorized signature of the Defendant is not. The purported signature constitutes a forgery. Therefore, the purported written agreement and the terms contained therein is not enforceable as against the Defendant. 4. Denied. The averments of Paragraph 4 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, the Defendant denies that the document referenced in and attached to the Complaint, which is purported by the Plaintiff to be the written agreement between the parties, is an enforceable agreement as it constitutes a forgery and is not enforceable as against the Defendant. 5. Admitted in part; denied in part. It is admitted only that the quote recited in Paragraph 5 of the'Complaint is an accurate recitation of what is contained in Section B.l . of the document attached as Exhibit 1 to the Complaint. It is denied that the purported builder agreement, inasmuch as it constitutes a forgery which was never executed by the Defendant, is not constitute an enforceable agreement between the parties. 6. Admitted in part; denied in part. It is admitted only that the quoted language in Pazagraph 6 is contained in Section B.S. of the document attached to the Complaint at Exhibit 1. It is denied that the so-called builder agreement referenced in Pazagraph 6 is an enforceable agreement between the parties inasmuch as it is a forgery. ~. Denied. It is denied that the builder has failed to enroll all of its homes that it has constructed in the builder program with QBW. It is further denied that the so-called builder agreement constitutes an agreement between the parties inasmuch as it constitutes a forgery. 8. Denied. It is specifically denied that the Plaintiff is entitled to any damages from the Defendant inasmuch as the Defendant has not breached any agreement with the Plaintiff. 9. Denied. It is specifically denied that the Plaintiff is entitled to attorneys fees under the purported and so-called builder agreement inasmuch as said purported agreement constitutes a forgery. The Plaintiff never agreed to pay any attorneys fees. 2 10. Denied. The averments of Paragraph 10 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, the Defendant denies that jurisdiction is proper in the courts of Pennsylvania inasmuch as the purported language which the Plaintiff alleges provides for jurisdiction is part of a document to which the Defendant did not agree. Byway of further answer, the purported builder agreement constitutes a forgery and is not therefore enforceable against the Defendant. WHEREFORE, the Defendant respectfully requests this Honorable Court to dismiss the Plaintiff s Complaint, with prejudice and costs. NEW MATTER 11. Defendant incorporates herein by reference the averments of Paragraphs 1 through 10 above as if set forth fully herein. 12. Plaintiff s claims are barred inasmuch as the purported builder agreement upon which it relies as the basis of its claims constitutes a forgery and is unenforceable as against the Defendant. 13. The Defendant has enrolled all of its homes in the QBW program and therefore has not breached any agreement with the Plaintiff. 14. The Plaintiff has not suffered any damages inasmuch as the Defendant has not breached any agreement with the Plaintiff. 15. The Plaintiff has knowledge that the Defendant has enrolled all of the homes it has constructed in the QBW program, and as such, has filed a frivolous lawsuit against the Defendant. 3 16. The Plaintiff s claims are barred due to the doctrines of waiver and estoppel. 17. The Plaintiff s claims are barred due to its failure to mitigate its alleged damages. 18. The Plaintiff has not suffered any damages as a result of any action or inaction on the part of the Defendant. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's Complaint, with prejudice and costs. Respectfully submitted, READER & AD Date: February 12, 2008 By: 4 VERIFICATION I, THOMAS O. WII.,LIAMS, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for Defendant Roosevelt Builders, Inc., and I make this verification on its behalf; and that said Defendant/Third Party Plaintiff is unavailable and unable to make this verification on its own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory material in the file. RED Date: February 12, 2008 By: CERTIFICATE OF SERVICE AND NOW, this /~ day of February, 2008, I hereby verify that I have caused a true and correct copy of the foregoing Answer with New Matter to be placed in the U.S. Mail, postage prepaid and addressed as follows: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17043 Thom O. illiams, Esquire C'7 "~ r~ G~ -1"; t . ~ 'R'} ~ _ ~fij ~'" ...` ~ i 7 t M ~ ..' 6 .....a ~ "'? ~ ~l REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams r~ReagerAdlerPC.corn BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: R'oyice ,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS W~-RRANTY CORPORATION, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O?-5307 v. ROOSEVELT BUILDERS, INC., Defendant CIVIL ACTION -LAW Jury Trial Demanded PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the attached original Verification signed by an Authorized Representative of Defendant Roosevelt Builders, Inc., for the Attorney's verification included with Defendant's Answer with New Matter filed on February 12, 2008. Respectfully .C Date: February 14, 2008 O. Williams, VERIFICATION I, Catherine Downey, hereby verify that I am the President of Roosevelt Builders, Inc., and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: By:_ Notary Public, Hockdale~aur>ty, Georgia My Commissia~ Expires June 14, 2(~l9 Catherine Downey CERTIFICATE OF SERVICE AND NOW, this 14th day of February, 2008, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be placed in the U.S. Mail, postage prepaid and addressed as follows: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 1 2 ~--~ ~.~ :~ -~ Ez V~ P ~ ~ ~ t w "" "~ 7 i~ d.~ "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALITY BUILDERS WARRANTY CORPORATION, : CIVIL ACTION DOCKET N0.07-5307 Plaintiff . v. ROOSEVELT BUILDERS, INC. Defendant NOTICE TO PLEAD To: Thomas O. Williams, Esquire Attorney for Defendant 2331 Mazket Street Camp Hill, PA 17011 YOU ARE HERBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, G ~ A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation 1 fE8-L13-2005(THU) 16, D2 QURLITy 3UILDERS ld4RRANT~ ~~r~sx~t'~Traav,~s~w~.~~.~a~r'rx cvx~. 325 N, S>xGc?NCra STAEE7' W1J¢iMLE`fSBUi~, pA 17043 'tGLI, F~iEE:1'8i3Q-334.91A~ ~, FAX $: 717.73T~4219$ 1~FFILEATE BU1Lai=R ~1~~'U~AT1t1N ,(fAX)717 73r j169 A, OD2/003 :* :~ .-, -. RSMiT IN17N: t', Current h7rtran~'a! Statement ,2, Proof crt GQnsraf UsbJt1 ty Gteurenra fmpy of ebemte- f(p11G i51ye a/PafkyrCrCeriiflcMtaa~ItxwrRi~tla Itdttlgt~Y) 3. Signed Rt~~lderApraemrapt .d. $100 A~ttat~a A~~llr~ian Fee ii ~ iaA'tl£ ~' ,1 ....~.. t=i.t+t. ~ dt,,- f l~ ~ ~ 5 i G D~ # (New.lersoy only) 1. ~UIt.D>rR AppUiKtnt <Fmlty uYhich win at'and bohtrrci warcanty): ~..~...,j"~' ~ ~ ~ ~QfS -,mss. - Phona t /•ru ~ ..1.,~~'" ~'7 ~~ a, Iltama '~ E t ~_._ 11 n •--. 2. h, Mpi11nQ (A/d~drr~atela ' ~ ,{t~~,~//~11 L~1 j/~' 111 :: Cl~ ~r:`wVV ~ r~ 1 fiJ_ ~~± 1_ - - ,fru • r ~~~~ '~WLt! C ~ ~ ~r.ww I '~C I Phyrolral addro~ W - II ... I~.r....••••^•--I- i ~„ tn~. ~ - ~tmtfl Zip j.~ a. hlAtri0.G AaCaUnt ~ iUBn +~ ~~ ~ 15~.._~~ruul~.~ d, Rax Numhar( 1_ f Q ~ ^ g~'- eZ'7' - --nn I aF Ovarnlery 9en+iaA e, fie yrau have Intamec ACcoo47 ~ f, Web ~eidb ~ • p~i= malt firJdrMt9 Ck~n,, { ~ ~E.o~oc,~irltu~gqre r~ ~ ~ r~ JJ ~~ i hl Key Cam pecsnn __._~„~ i. Mdbila nGm~t (~ k~,- eertrnct persr~nl ~~...(.~,`.G I~ Llstxdl principals and peu,certt;c~t ewnemftlp; ; 4 Name ~~'QA1 ~ l.J Q~.?~ ~~~,~ 7'Ide .I, ~.,~. 5eG Sec. ~ t~~...I~•~P M ~ ~ ~~ ~ Harrsm Addraaa ~ ~t' L~ ('9r nI ~ln 1'Yl~.,.. _.~..~+dtt~ll.~. ~ - a-fa~r-jl ~ ~ ~O 1 ~ ~t, S~ bl Noma P,r .v In ~ Titte i C'2 #~' S . ~ i It .III AI AI jll 1 1~~ hlcma e, Nama ~itla Sae.Sra, tE !-tame Addnsss 4ii~„„....,I,. d, Nama _T.,_~ Titio .,,,, t;oc. Sao. i; HameAddrea,. 4b,.,~l,,,,,. 3. ~ Nbme ai Paront Compamy- 4, Flaw many yaars has tahleF 6ceeuttve ~1litcet' awnad ~andh~r cantm)Ied q bulb tyuildfnp atamAatiy~ Doom ttia gppii~,trtt at tin5+ rt~i If>f Priridpais Anve'f ()9~ armors Intandot It- any aihnr tnimo building iwalnemec whiela aro nattnnralled in tpn d~iN p~~ t:i No 7t y[m, list ttem'te/a of Frd~tlee and pera~ap~ a f OutnQtshfpi -{fe~,A.IYL °'~1 ~,~-. ~ ~!~'G. n it (1 rl ~ ~~C..~ ~i~~art 5. 6unine:ta tatganl~klrxt (chock ar~Q)c ,~.}~. ~parAtitar- ...~ "5` rracparsdcn ~ 9pte Propdbt0l~Cfltx ._,~ Pattnarphlp (f~nerawtlJmhed! ...I.,.. Othat; A. klaw rnnn~ yaarn has a~anlxntian t~rtcltyl been invQlued la home taalldtng (nr+t the ptinCipab)? r, ~ ~` 5 ~. ,~I~.11 7, ivumbdrbf hr~tnrls you enepaet ro huNd thdxyaar lAvera~Q salav plies '~`- ._Le ~l 00 o 11., I "types of hcm~ tv laa laulfsv ,_,. Cuplm4 ..~.'iitiwnhedae, ~nQly A'amlty, ..... Cade (Number of ~r}es ~, _ Other (epopfty~.,~ -- II I IA I~1. ~. ~Irr~.~ 1 ~. IJst rtsunlalpat gtroammdMlWr-~dtctlpn{s) where apptlosn!+~nr do lyull~~ngtl hwoesJ{h mtr noxttwaNQ [t21 l~drnha, f/.-~~ Oity~ ~, _ ~`it7UtttY; Tf {/ M lur~_ !~~~~ ~ / 1 rn.rr GItY COanty; $tata ~~ ~ ~f . aew t~5~~ ~roa __ _., ,,~„~,ur ~ v. v~. Muni i'` UUlLUCRJ wnr<nnirt 7 v nnr i i i ~ ~ ~ 71 V ] ~. UVJt VUJ 9. fdr~a tltia appl{oatht ar s~ny Di fin prinr;lpslw cr/rmt; with which dny principal was atfBiatod, tilod tar iaenkrupccy rzr been ndJudi+w,ted ng lrinnfsrunt w¢hhr ihm itsol ocean t71 yens? Q Yeg t°1" Na it yr~~, ti~~ nama(aJ o(tlnn(ttl invatwed In eanicrwpt~r and ytrttr ifled~ . ~ . ~d. Maas appllcAnt btfild t,fndor-„ts~ VA, ,/p0~ ~ EMMfA '11, Wavq any Montt ar unaatlatlad ~ud~oManCtr baen pfacotl ggalnat the t3uiidar7 _,(,~o,.,_ ~ ~„~„ W _,~,,,,,,_„ if yam. oxpl~fin tit, Flag appiiatfnt's hud'+ority to build everl3eeh auripGtiCigd ar revpked2 _~~3 ,~~ It v>aa, ~ptain 'ta, Nama a(eunont grneml Ilabla<ty inaurnnaa ea>nfsarty~~ , „ ~ ~ ~-+, erg.. ~ i~,iratlan data; „"~.,~,,,~,,,~,~,,, ASent ~ 1\1an1E phcth+kNUrrfiSdrf_..__ i Ppifay >Y Nan apgl[rxtnt hed afsyciaifna under "CChmpleted opaftatlontt" in the iaiEr three yvatAY it y~~ plaasa da~ribt: ^`>;'t.P~l" A~Mi7`A Cl:Fi1'IPlt:ts:'('~ 0~ iNt3ltFiANfw~ ~dM vot1R AGF~tT aN ~~htERAL tt~1E~t1,11'Y COV~f~at5t: ~ar tCrwalrt) n adpY fh} the daGigttl~ lit~tttr ~aq6 ~+t SFtb pallt;Y} t=lnanctot A(ttt{otlan-+ a, yltsnk (8wsineuaAnatrurn) C~taak{tr ~~,.%r~ ;k_~ l ~ ~ -~:i' 1?n~~l ~ . Te grit 7~rpe cr ~rGnur,t,,. ~t~c.~i ~, ! ~ 1, ~ g~.~°~ d ,,, ~, cl.i ii1 ' t~,a~u . a hR (~,~.~ ~ „., ~„ ~ (? t~ ~rti~ f J ~~ n_ ~ ~ ~-~~rr ..• Mnq.N~-AM7tifl68B ' ~} Fllttlt PfdDN~a b. f3ahk (~uslnot?fs Aaaaun~ 8av{npyMtanay M~q~ket HQ, 7yps Qt A~pg4lnt ~+--~....,.,,w.,,~, ~~ b, Lertdlnp ir~tltuUcn tCcttstruetfon Itnancin~ ar titre at trrodl~ ~~~,3~.. i y-ti nC t ti. ~ ~1~.ti~ '~Iq4 of Acedunt t' 4rttC'~r~ ~~ 9-r~ ~t r~+4yU e - VLi.~ l D1.t S ~~ 11CC IJM~Rf:1i QG G' f'S . ' '" ~ ~ 1'~d, ~ - '1 ~ 3 -''~ to t O MxtLtNd NCCN1~ r _ PNgN1; M Financial ~tuear~,a,xt Remit mgt Gwsttpnt ytrtir end ~iRanclRi BtAtafttranl artax cemrn. with n>xma and priane numberof pfropstar.~ NG1'~ Nf iniormat(cn will be nsccivccs as strlrttiy a4+tSidantiat untf:ss speclfintf athtrrwiaa. At1'1'WgFtt7A7'IDtV The tmder.:ipnt:d ~fJl)tOf~pit• ~t~W to t4nduGt intawiriatt and obtain credit nspari>: to dettrt'rnine the Undonpl fineCt~t iinandai and icahrtlwli tiblfhy to peiifarm Its abggati4na und~dr thtr C19W Umftad Warranty Pfa~rern, al lntatrttatlan rocah+dd by GIpW 1Ndf ho hold Ut ccrttildenco t~l7facff otherwl~ cpoclQad,'Che urfdaref~ned ttiqugstn that yrw tnuka avtttianld to q~W or,y in(ot'trtetian in your p~exe:zolan, which QBW requesut. NAMfi ~Ct~MpAKY (N"LR:AS~ PC~tN'{) pfoace note UWL In rnvl~wtnp cpptkxuHa far iha OgYV fscayvam, e~lrt an;ta has hxurcad, tlwrnitsty a1t>appAaatian feca ara npn•ralundaisto, LZ 3Jdd Z9Z~It~W~1Gd ZZ£££T50Lt Op-TT 5002/TUZO A1J'K'FrgR17J4'RON The tptder.~gteaf avthar~n G8W m cmnducs inq+~rfat and oe~k~ cnr~ ropcru tv detarmine tfie andorslgned'p ltnanc~it and t~ltnlotit dbtlity to parlDnn (h cbAsJaflona und~ar thr GiBtn/ I.hrdled Warranty y'tergram. NI {ntoirnvttcn recolvad by Ct3W vrilr ba held ~ cantldeex~ urdeaB orrten~vt:se apodfied, The undrn~ned rsttU~te thot y©tt mAke bVatlal~le ttl ~tGIN any {nFermatlcm fn your pomsaadan, which Q9W iegeleeto. NAMC COMPANY tPL~J1SE PRiN'(] _..-~ _ ~ -- -~ ~~~ 1 ~'~•';'~W.:~n ~ !1i~~fi,'i:. ~•.'~... ~,y , .... ,;1: c ti; at yn ~ .1 ! ~. " •~ n yi:. i .ate>p +'~w.r''~'+` v *" ;yr~,{ s •e..N.•., ..,.{.t`L,n,i+P,MI'~b'~:~LL.a.. ~~:x'~u~"z ;~..y.?'Y~..s~ +~,.ik,~~ 7k:6~ {~C,• ~~y 1' ,~y~ ~ ,,rp, Q ~~~ '~, c''~"•~'~. ',i>~,a3it<y~,,'~• t. ~~ ,~.~. ~`~,' `~.. ~~rC' F0?1~~~;t~yt~•.r+rry;., t...~~~`ir~.°,,~~..~',,.+',`•'~`.c_4~.3t~:.'t~~'',L.`_~3:~i~'s;A~::- ~~L:~~.~.11..;~:, ~•~ . of '.~?'~Y , ,., }: .,{: ~• =.l . ~f i•.. ;~+~:'. •K,• i~ R •:~' +~. -J ~~..;~•; 1 - '! - 't!~ • •,~ .. ~. •.i ~ .D'~. `.; - ~ ~° `~ ~•. '~ '.a t ~ -a ,. .... .. B L S: ~ ~ E ,. ., .• . ~$ ~~:~ ~~RSr~•NAirivNlac~N' . ,..., .',,.,K..<. ': ~.U2$8' 0~7Y' p.Qh~A'.ROAD ~:,~fE4y:f¢C~!'F}0~IS~A4E~FftNAti';:', . '; - cave ~Y~N A' ~. • ' N ,,Q. •3pQ.4• • .. ~7(?•7$8-1745 . , ~<: .. , . .. A(NOUIV'F= .... , .• • •.. ,;. •:: .• • F ,• 2005.. '.1D Q':.0:0°••' . • ~•" .. .; •, ...• :. . • . ••• ~... . _• ..:.. .•• ..... ... • . . '• PAY One Hundred and 00/7.00 17ollars:• •'~• ' '. •; .. . OFID~R •. OF: ~ ' ' • ~ (2UAI,ZT`l BUILDERS WARRANTY CORP 325 N SECOND ST 'nrORMLEYBURG; PA 17 04 3 ' i~'OQ 29~f9~~'r~:061~0 ~~ 2qi: LO 019 $.i[]p' ~~~1'~ ~xv~~ ~- tZ 3Jdd Z9Z~IdW71Gd ZZE£EI50LG Ob=tiT 500ZfiilZ0 ~~: Q~3~.LITY :~ILDEI2S `W.~-,RRA1vT~ CC.~PORA.TION BUILDER AGI2EENIENT AGRE>lMENT made this %! day of ~~ ~~vat ,_ ___ , 20 0•; ~, between QUALITY BUILDERS WARRANTY CORPQI~,4TiON, a Pennsylvania corporation, herein referred to as `QBW," and ~ ~j?,~~as~~'v'.~ l~ ~ .GS~,~~c~Ba~ .fir ~ erne of Builder: (indicate whether a corporation, partnership, individual of ot~ of _ dress r o ,~ ;~' ~~'f ',,4., i~ .7 ~ ~'~f ~~~ ~ ~~ ~~ 3t~z ~ ~ herein referred to as "Builder.' `"7` ate Z'ip SECTION A. IUIEMBERSHIP 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 ~rriaintain a good reputation for providing protection to purchasers of well-built homes, QBW pro- tects and promotes its good-will by careful selection of builders to participate in its warranty program. 3. guilder,desires to participate in QBW s warranty program and, to that end, agrees to abide by the provision5~ of this Agreement and to conform ifs behavior to the standards expressed herein and in the Limited Warranty Agreement, Builder warrants that ail information supplied to Q8W in coiinectivn with its application is true and correc#. 4. Ali 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 Build®r as a member of its warwanty program, subject to the builder's continuing performance of its obligation under this Agreement. f3. 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 Agreemenk. QBW reserves the right to.rescreen Builder annually. if QBW deter- mines tha# Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's rnember- ship and the provisions of Section B, paragraph 6, shall be in effect. , SECTION B. HOME IrNROLLMENT' '!. Requirements. As part of its participation in. QBW's warranty program, subject to QBW 5 acceptance, Builderagrees 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 ai! fees required by QBW in the enroll- ment process, which fees shall be nonrefundable. 2. Procedures. Builder agrees to enroll its homes according to procedures established by QBW. Builder may enrol 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 45days of execution of this Agreement or reacceptance, and QBW has inspected and approved the hams. 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 and model homes must be enrolled pn the date of the Certificate of Occupancy or use as a model, whichever is earlier to qualify for enrollment. The warranty(s) will be issued to the Builder and the unexpiredportion of the warranty will automatically transfer to the purchaser. When enrolling other than a detached single family dwelling, Builder shall enrflil each individual unit of any multiunit dwelling such as but not limited to duplexes, townhouses and condominiums. If membership is terminated, at the direc- tion of QBW, Builder agrees to enroll any remaining units not enrolled at the time of termination. ~ r For each home enrolled, the Builder shaft 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 $150.OD shall apply. + QBW will provide i3uilder with a copy of the Limited Warranty Agreement and Enrollment Form. Builder and pur- chaser musfi 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 enrollment fee, A home will not be considered enrolled until QBW receives and approves the fully executed and com~ plated Enrollment form, payment of ail fees, and an approved final inspection. 3. Reserat'ation of Power ot` 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 Phis 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 ifs insurer, as the case maybe, any rights which Builder may haveagainst a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection vrith that claim. Builder agrees tv cooperate fully with QBW and to provide QBW with al! information which it requests perti~ning to the claim. If Builder fails to so cooperate, i3uilder agrees to compensate and indemnify QBW for any damages sustained by such lack of cooperation. 6t 39Gd ° ~Id d ~ ZZEEET50LL 0ti ~SI 500Z/jt/is0 .~~'~~~ . 5. This Agreement shaft be fnterpr~.., and enforced in accordance with the (aw:=- #fte Commonwealth of Pennsylvania. AiE sui#s instituted under this Agreement shalt be brought in Pennsylvania in a court of competent }urisdlction. Builder here- by consents to the personal jurisdiction of the Pennsylvania courts. 8. Builder sha-i not assign this Agreement w[thout the prior written consent of QBW. 7. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignee, ani:l Suc- cessors of the representative parties. 8. 'This instrument, and security docutnentS and documents referred to ar 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 contQined in this wrfttan contract shall be valid or binding; and this contract may not be enlarged, mod- ified, ar altered except in wrlfing 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. Ali notices requires! hereunder must be in writing and sent by certified mail, postage prepaid, return receipt requested, to the recipient at the respective address indicated qn the front, or to whatever address the party may designate in writing. 11. The effective date of this Agreement shall be the date of execution by QSW. QUAI17"Y .BUYT.D~~S WAJtit]~E~NTY COiRpORAxION By ~ • Date of execution by QBW Builder's Registration Na. • BUiiwD~R ' {Herne of Builder -please print Or type) ~?8t6 •L7 ~ __- - - . By ~' .~ t ~ -~-- s{~ Hera • (Please p1iNt MlaroeltiHe of execular) At~DENDUM In cgnsideratfon for receiving a reduced rate, Builder agrees to maintain its' membership in the W8W program far a period of _~ years to commence qn tf'ie da#e this addendum is executed by Q$W. [3ufider agrees to submit for enrollment alt homes which Builder or any affiliate constructs during this term and any extensions. In exchange, Builder's rate will be $ / '70 lper thousand. Fhe addendum wilt renew for tike terms unless (30) days prier to the eXpiratign of the term, or any ex#ensiol~s; either porky provides the other (30) days advance written notice that they intend not to extend the period entitling the builder to a lower rate. If Builder provides notice, t~i3W will adjust the Builder's rate upward effective at the end of the then current farm; BUfLDER ' (Name of Builder -please print or type) ~(/..Date ,~r r rr--rJ S' ~~' ' ~'.1~ ~ L'~--p (~lgrx~ of Authorized RepresenZbtbe ~ Title) {Aiea9e print name/ttle of exaeutor) ~UA~IITY BUIIJ)Eifi:S '~A~iTtAi11TY CORpO~tATIUN 13y Date _ ' Please note that in reviewing applicants for the QBW Program, certain costs are incurred, therefc~rfe a1i application Bees are non-refundable. ,~ <: ~ . ,. Copyright1B86 .~:~'~'~ ,; . S~uatity Sul)dar~ Warranty Garporstion ~- Qew FORM oho eme 0Z 3Jdd Z9Z"lItiW}Itid ZZESrEI50LL 0~ ~ tt ~00Z/ti/Z0 QUALITY BUILDERS WARRANTY C O R P O R A T I O N 325 N. Second Street, Wormleysburg, PA 17043 telephone: 7l7 737.2522 fax: 7l7 737.4288 February 28, 2005 MR DOWNEY ROOSEVELT BUILDERS, INC. 10289 CITY POND ROAD COVINGTON, GA 30014 Dear MR DOWNEY: Congratulations! Your affiliate application for membership in the Quality Builders Warranty Program has been accepted and approved. Your builder registration number is 50418. Based on your sales volume, your rate for home enrollment is $].70 per thousand of the home's selling price. You must enrol) all homes, which you construct. Failure to do so will result in penalties being assessed which will include a retroactive increase of your rate per thousand. With regard to multi family homes, you must enroll all the units in a building prior to discontinuing your membership. In order to view your account on the Internet, type www.QBWDirect.com. The QBW screen will appear and ask you to type in your Builder Registration number, Password and user name. Your Password is: This is a confidential Password and you should not disclose it to anyone to whom you do not want to view your account. Once entered, the Password will be encrypted and remembered from that specific computer you used. There is no reason to enter the Password in the future. Keep the Password in a secure location. You can now submit your inventory via your electronic account. With your on-line access you can also track your inventory, request books and print your own Enrollment Forms, etc. If you have any questions please call your Customer Service Representative. As a reminder, you have forty-five (45) days by which to enroll homes already in your inventory under the "grandfather clause". Any grandfathered homes, which began construction over six months ago or have been occupied within the last thirty- (30) days, please contact our office to determine the possibility of enrollment. All model homes must be enrolled during this time. Depending on the municipality in which you are building, you may be required'to have inspections. Please contact our office for this information. The inspection fee per home is $120.00. The number one inspection is done prior to backfill, upon completion of the foundation; the number two inspection is done prior to drywall, and; the number three inspection is done upon completion of the home, but prior to occupancy. Please give ample advance notice. For any homes built on fill soil or in areas where unstable soil conditions exist you will need to supply compaction tests andlor soil reports confirming the bearing capacity of the soil. These reports should be forwarded to our office at the time of notification of construction. QBW provides valuable marketing tools to assist you in selling homes. Our web site provides Homeowner's Maintenance Tips and Warranty Coverage Information as well as the opportunity for your purchasers to receive discounts on their homeowner's and auto insurance because you are a Quality Builder. Please refer to the Marketing Tools insert which will be sent separately. P.a~z 6X ~r~r~~T y Please find enclosed the language, which we suggest our builders incorporate into their Sales Contracts. Naturally you will want your attorney to review your entire Sales Contract to make sure the appropriate provisions are contained and are consistent with the language of your full contract. Your customer service representative will be contacting you to walk you through the enrollment process and to be sure that you are sent an adequate supply of marketing materials. Enclosed you will find copies of your executed agreement. Again, congratulations! I look forward to a successful and lasting relationship. Sincerely, Thomas McCarthy Customer Service Manager Enclosures QU~`'-LITY B.. _.[.DBRS `~WA-_R.RAIVTY CO' ~OR.ATIOl~"-~_ :: _r:;~- ~; ~_. BUILDER AGREEMENT AGREEMENT made this . %t day of ~e ~+ivo,~y , , 20 ~`~ , between QUALITY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as "QBW," and i?~c~~ ~v~ !~_ _~~/cLaz~ .~ Name: (indicate whether a corporation, partnership, individual or other} of Address j ~ Z ~'n, ~; ',~, .7,.~ ~/ i~'c~, ~~», ~ ~:.t ~~: ~~~L ~ ~/ 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 horrtes are protected by a warranty against certain specified defects. 2. In order to develop and i-naintain a good reputation for providing protection to purchasers of well-built homes, QBW pro- tects and promotes its good-will by careful selection of builders to participate in its warranty program. 3. Builder desires to participate in OBW's warranty program and, to that end, agrees to abide by the provisions of this Agreement and to confonr its behavior to the standards expressed herein and in the Limited Warranty Agreement. Builder warrants that all 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 shalt commence on the date of Execution by QBW and shall continue until terminated by either party in accordance with the tE~rms of this Agreement. QBW reserves the right to rescreen Builder annually. If QBW deter- mines that Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's member- ship and the provisions of Section B, paragraph 6, shall be in effect. SECTION B. HOME ENROt.LMENT: 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 enroll- ment 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 constructian 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 execution of this Agreement or reacceptance, and QBW 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 and model homes must be enrolled on the date of the Certificate of Occupancy or use as a model, whichever is earlier to qualify for enrollment. The warranty(s) 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. If membership is terminated, at the direc- tion of QBW, Builder agrees to enroll any remaining units not enrolled at the time of termination. : t For each home enrolled, the Builder shall pay a warranty fee as determined by QBW within the time periods estab- lished by QBW. AO warranty fees are non-refundable. A minimum warranty fee of $150.00 shall apply. QBW wil{ provide Builder with a copy of the Limited Warranty Agreement and Enrollment Form. Builder and pur- chaser must complete and sign the Enrollment Form at closing, and Builder agrees to famish 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 enrollment fee. A home will not be considered enrolled until QBW receives and approves the fully executed and com- pleted 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 maybe, 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 far any damages sustained by such lack of cooperation. ~ ~~~ ~ 5. Breach and Remedy. If Builder fails.'- enroll any eligible home as required by this:. moment, QBW may seek specific enforce- ' ment or other appropriate relief in I~ _ , or equitable proceedings, even if this Agr~ment has been terminated. Furthermore, Builder agrees to indemnify and hold harmless QBW and its insurer for any losses or any damages they may suffer as a result of Builder's breach of this Agreement and such fosses 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) faits 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 QBIN) 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 QBW 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; (I) 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 QBW 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 indemnify 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. In 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 suspend the Builder, such suspension will remain in effect until Builder has cured all defects to QBW's satisfaction, how- ever, 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 particularhome 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 shalt construct alt homes in conformity with the Warranty Standards provided in the Limited Warranty Agreement, and/er in conformit; h approved building codes and other st~~ '-~rds established by QBW and in effect ' at the beginning of construction ~r the enrolled home. QBW reserves the r,~ _ to establish special requirements for escrow payments or other means of protection with respect to any homes constructed by Builder which QBW deter- mines 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} QBW 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 QBW and/or its Ensurer for any losses or damages QBW 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 QBW andJor 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 QBW 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 pro- fessional engineer to take into account the conditions disclosed by the soil tests. 2. Warranty Obligations. Builder agrees to perform all obligations arising frarri this Agreement and the Limited Warranty Agreement. The Builder shat{ 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 QBW intervention. During years one and two under the QBW Warranty Program, if the Builder fails or refuses to perform its obligations in accordance with the Limited Warranty Agreement or this Agreement, QBW will perform the Builder's obligations, how- ever, the Builder agrees to reimburse QBW and/or Insurer for all expenses incurred in performing their obligations, includ- ing but not limited to, cost of materials, cost of collection, labor, architect's fees, engineering fees and counsel fees. QBW and/or Insurer reserve all rights of subrogation. During years three through ten under the QBW Warranty Program, QBW will pertorm its obligations with respect to major structural defects as set forth and defined in the Limited Warranty Agreement without the right of subrogation against the Builder provided that the defect, or symptoms of the subsequent occurrence of the defect, first arose after the expira- tion of two years under the QBW Warranty Program in effect for that home, and that Builder did not attempt to conceal or cosmetically repair the defect or symptoms of the subsequent occurrence of a defect and that the defect does not arise from Builder's failure to construct the home to applicable QBW standards or adhere to Builder's responsibilities under the Builder Agreement. If the Builder repairs a major structural defect during years one or two, QBW must be notified. Once notified, QBW will perform a compliance inspection. 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 QBW or its insurer, whether contractual or advertising copy, be approved by QBW in writing in advance of its use. SECTION D. {NFORMAL 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 obligate 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 determination will not affect the validity of the remaining provisions. ~~~ 5..Th~s Agreement steal{ be interpre+ 'Ind enforced in accordance with the law: the Commonwealth of Pennsylvania. A11 suits instituted under this Agreen~~.~t shall be brought in Pennsylvania in a court of competent jurisdiction. Builder here- by consents to the personal jurisdiction of the Pennsylvania courts. 6. Builder shall not assign this Agreement without the prior written consent of QBW. 7. This Agreement shad inure to the benefit 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, mod- ified, 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 indicated on the front, 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. By Date of execution by QB1 Builder's Registration No. 50418 ` BUILDER ~4oSC~l2.~~ ~jLi.~C~c25si_SlJG (Name of Builder -please print or type) Date ~. BY - ~ G..- r r (Please print name title of ADDENDUM {Please print name/title of executor) -~-~- Sign Here In consideration for receiving a reduced rate, Builder agrees to maintain its' membership in the QBW program for a period of _~ years to commence on the date this addendum is executed by QBW. Builder agrees to submit for enrollment all homes which Builder or any affiliate constructs during this term and any extensions. In exchange, Builder's rate will be $ / '~~ /per thousand. The addendum will renew far like terms unless (30) days prior to the expiration of the term, or any extensions; either party provides the other (30) days advance written notice that they intend not to extend the period entitling the builder to a lower rate. If Builder provides notice, QBW will adjust the Builder's rate upward effective at the end of the then current term. BUILDER ,~-- (Name of or Date ~" f /.-^-~ S ~BY ~ ~~ (Signs re of Authorized Representative -Title) BIJII.DERS ~VA~ZRANTY CORPORATION BY L M- Date Fahruar~, 7R, 7n[)~i Please note that in reviewing applicants for the QBW Program, certain costs are incurred, therefore all application fees are non-refundable. Copyright 1988 Quality Builders Warranty Corporation OBW FORM 050 9104 ~~ a QUALITY BUII,DERS WA-]ZRANTY CORPORATION 1 C ~~. . yWN COMMUNITIES, INC. August 1, 2007 Quality Builders Warranty Corporation Fax 717-737-4288 .Attn. Jordan Olshefski Dear Sir, Thank you for your fax of 7/19/07. Per page 2, Section B.6.o. Crown Communities is providing QBW with 30 days advance written notice of our termination of your services. Also per the Agreement, Crown Communities shall continue our obligations for those homes enrolled through August 30, 2007. Best Regards, ~.._. Kelly Nelson For Katie Downey ~~/~~it S DOWNEAST BUILDERS & REALTY, INC • ROOSEVELT BUILDERS, INC • FRANKLIN BUILDERS, INC • JEFFERSON HOMES, INC i37r Dog~voud Drive • Conyers • G~ • 3ooi2. 6~8-509-0.555 Phone • 6~8-5o9-og,4 Pax tvcvcv.cro~vncommunitiesinc.com _.... .,. ~~u, ~~rr,u, i7:us ~UALI'I'Y BUILDERS WARRANTY (FAX! 7! 7 737 9189 P. 001 Transaction Report Send Transaction(s) completed No. TX Date/Time Destination 532 JAN-31 15:07 7707888329 Duration P.~ Result Mode 0°00'15' 002 OK N ECM QuaYity ~ui~c~ers Warranty C~rporatian 325 North 2nd Street Wormleysbur~, ~'.t~i 17443 1-$00-334-9143 Fax: 717-737-42$$ Fu~imile Transmittal Shcet To: Catherine riowncy from: Tom McCarthy Company: Aowncs~.t Builders & Realty Date: January 31, 2007 ~"ax Number: 678-509-0519 TotAl Pages: 2 Comments: Mai. llowncy: As we discussed, I have enclosed the Addendum to your Builder Agreement. Please contact me if you have Any questions. Tvm McCarthy X116 ~xH~~s~r ~ ADDENDUM TO BUILDER AGREEMENT The undersigned's Liability under their respective Builder Agreement(s) with QBW is joint and several. This addendum applies to any Builder Agreement(s) past, present or future, including entities added to this addendum at a future date. 5041 f liuwNtJAS"1" BUILDERS & REALTY, INC. Date REG # Catherine Downey -President 50418 ROOSEVELT BUILDERS, INC. Date REG # Catherine Downey -President 50425 FRANKLIN BUILDERS, INC. Date REG # Catherine Downey -President 50417 JEFFERSON HOMES, INC. Date REG # Catherine Downey -President Form 5 ~ / 8/3/04 x.. ~ ~ ~ `~ j ^ GUAR 4.9 ~1`L~/ ~ l'_~~id/vSC (t. I~Jlll•~E•v 11~' ~/7~(~LZId!9. Whesi you see a hon,ebuilder drat displays the QBW logo, you can look no ftu•d,er. This builder provides the QBW 10-yea~• eva rranty on his homes and has been carefully scl•eel,ed for technical knon/ledge, craf~n,ansl,ip, a~,d financial stability. The 10-year new home warranty industry began in the United Slates n11975 as a method to restorev~tegrity to the home- buildi,gindustry. The federal legislature's pending regulations were avoided with the creatiar, of a warranty industry that would do business with only the best builders. Although several conlpa~>;es in tl•lisvidustry have sq•ayed from those principles since that bate, QBW has maintained the original intent of the industy by continuing to do btsiness with only those builders who hold the highest standards of yuality construction and customer.service. ~~P.lLr.~L(a5- As amember of Quality Builders Warranty, you can take comfort, mowing that this builder strives for excellence, consis~ tentl_y creating quality homes and providing dedicated customer service. With QBW, you also benefit horn: 7 0 years of premier protection. "i'he stability of a warranty backed by Liberty Mutual, one of the largest i,surance companies in the United States. Potential discounts on homeowner's insurance, because Liberty Mur<taI recognizes die higher caliber of construction by btuIdersv, the Quality Builders Warranty Program. Potential Group auto insurance discounts, made available through Liberty Mutual. A svnple and t~fit~ient complaint resolution process, should a problem ever arise. This process is designed to save both the homeowner and the builder time and money. A clear understanclalg of what is covered by the wan•anty and wha is responsible for replacement or repai•. Confidence u, the constntction of your home - yotu• greatest asset. `f~,.ue7a.~e ur~d,~• ~~3 `1~U's~ ~t.etrtiaic ~tu+:ec•.tio%i• ~~.urr.: The Fist Year The builder warrants the home against specified defects in workmanship and materials that are the result of non- confor•n~ity with QBW's warranty standards, as well as any major structural defects as defined u~ the warranty. The Second Year The builder warrants d1e home against specified defects ire the wiring, piping and duct work, as v.~ell as any major structural defects as defined in the warranty. The Third through Tenth Years Should any major structural defect (as defined by the wan•alrty) occur dwv,g this period, QBW wiU t•eplaee, repair or pay the reasonable cost of the repair or replacement, through its insurer. Tlvoughout the 10-year period, the warranty is automatically tt•ansferable to subsequent buyers, protecting you and the buya•. ~c/tie.<avr? `~~erlce• ia~• `YI'lirtd The warranty specifies a clear set of written standards that help to elnnv,ate gray areas and possible disputes between homeowners and builders. In the event that a concern does arise, the complaint resolution process is simple anti efficient. QBW is corrunitted to providing the most efficient and fair complaint handling service possible. If the homeowner and builder catu,ot resolve the dispute, QBW will review the claim and assign ui investigator, if necessary. If the dispute is still unsettled, QBW will arrange for arbitration between the two parties, which is Uinding. For Sales Information: 1Vlode[ Home 770.466.4507 office 770.466.4379 fax ~11~YV1V COMMUNITIES Crown Communities' Standard Features are plan specific and may vary based on individual Door plans. We reserve the right to modify `~~" " elevations, Floor plans, product specifications, and pricing without notice. )nfonnation contained herein is subject to errors, omissions, changes, withdrawals, and prior sales without notice. +~~~s~T 7 Ct'ow'n Communities www.crowncommun itiesinc.com Page 1 of 2 ~areer~ ~Varrann,' IVevrs Ffnme t ~~'COMPANY PROFILE About Craven Commi.snities i Homeowner Testimonials ' ttVarra;~ty ; nho~ii 'Srr4zrt €yc>n~rs' ~ r'a~er.~rs Warranty Choose a Builder of integrity ,'~" ~{ r ` ' `~~ u... ~ '~ . When looking for a new home builder in the Atlanta Area, it's important to r ` k F fit, choose a builder of integrity. When you see a homebuilder that displays the ~' QBW Pogo, you need to look no further. Crown Communities provides the QBW ~ `~~%: a. - ~ • ~ ~ 10 year warranty on their homes and has been carefully screened for technical ~ ' 4 7. "` knowledge, craftsmanship, and financial stability. ~ ' :~. ~.~ti{y~j ~uJ3dr#~ WurNnt4 QBW screens builders for integrity so you don't have to. udr''3 op6rte~grtrg~~ Crown Communities is proud to have been selected through this process and has been claim free for over 4 years! Let the Home Builders of Crown Communities in the Atlanta, Georgia Area build your New Dream Homet For more information on QBW please click on the logo to the right. ~,~~ ;,WARRANTY FORM CONTACT * Required Information May i Help You? *community Select the community ; Lot Num. *Your Name *Email *Home Phone Cell Phone *Address i *City Z1Pr http://www.crowncommunitiesinc.comlwarranty.php , ,~ ~ f I +~.+ 1~?=~f?(;~15 xJ ~ l l • ~'rov=n Communities Ref. *How can we assist you? Contact Warranty ~ Communities i About Us ` Financing ,f Hotnebt~ying I Contact Us ;News Carrers ;Warranty Copyright ®2006 Crown Communities, Inc. ~ Disclaimer Sitemap ~~ t~~~ ~ 1311' http://wwtiv. crowncommunitiesinc.com/wairanty.php Page 2 of ? 1 /2=I/?OU8 ~ ~ + VERIFICATION I, JORDAN F. OLSHEFSKI, Vice President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Plaintiff's Reply to Defendant's New Matter, Containing New Matter is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 1$ Pa. C.S. §4904, relating to unsworn falsification to authorities. Quality Builders Warranty Corporation Date: Z ~Z,S Q ~ By: Jordan F. Olshefski, Vice President . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of Plaintiff's Reply to Defendant's New Matter, Containing New Matter for Argument was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Thomas O. Williams, Esquire Reager & Adler P.C. 2331 Market Street Camp Hill, PA 17Q 11-4642 Date: ~ .2s'' OQ' '-.e ~ ~ Peg rrison, Secretary REAGER & ADLER, P.C. BY: THOMAS O. WILLIAM5, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a~Rea~erAdlerPC.com BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: Rjoyice(u,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5307 CNIL ACTION -LAW ROOSEVELT BUILDERS, INC., Defendant Jury Trial Demanded DEFENDANT ROOSEVELT BUILDERS. INC.'S REPLY TO PLAINTIFF'S NEW MATTER 19. Admitted in part; denied in part. It is admitted that on or about February 11, 2005 Defendant Roosevelt Builders, Inc. (hereinafter "Defendant") faxed to Plaintiff Quality Builders Warranty Corporation's (hereinafter "QBW" or "Plaintiff') place of business an application to become a member of QBW. The document attached to Plaintiffs New Matter at Exhibit 1 as a written document speaks for itself. To the extent that the averments of Paragraph 19 are inconsistent therewith, said averments are denied. 20. Denied. The application attached at Exhibit 1 to Plaintiff s New Matter as a written document speaks for itself. To the extent that the averments of Paragraph 20 are inconsistent therewith, said averments are denied. 21. Admitted. 22. Denied. It is specifically denied that the Builder Agreement attached to the Plaintiff's New Matter at Exhibit 3 constitutes an agreement between the parties inasmuch as the Defendant did not execute the alleged Builder Agreement. 23. Admitted. 24. Admitted. 25. Admitted in part; denied in part. It is admitted that on or about February 23, 2005 QBW approved the Defendant for membership in its program. It is denied that Defendant received the referenced approval letter with the alleged Builder Agreements. It is further specifically denied that the Builder Agreement attached to Plaintiff s New Matter constitutes the agreement between the parties inasmuch as the Builder Agreement does not include an authorized signature of the Defendant. Byway of further reply, Defendant incorporates herein by reference its Answer With New Matter to Plaintiff s Complaint as if set forth fully herein. 26. Admitted. 27. Admitted. 28. Admitted. 29. Admitted. 2 30. Admitted in part; denied in part. It is admitted only that the Defendant sent a letter to QBW on or about August 1, 2007. The letter as a written document speaks for itself. To the extent that the averments of Paragraph 30 are inconsistent therewith, said averments are denied. 31. Admitted, with the clarification that QBW has alleged that the Defendant is obligated to enroll homes with QBW's program until February 2010 in accordance with an alleged addendum contained in the alleged Builder Agreement. Byway of further Reply, defendant incorporates herein by reference its Answer With New Matter to Plaintiff's Complaint as if set forth fully herein. 32. Admitted. 33. Denied. It is specifically denied that the Defendant raised for the first time the issue of authenticity of the signature on the alleged Builder Agreement in August 2007. 34. Denied. It is denied that Defendant did not advise Plaintiff that the Defendant had not executed the alleged Builder Agreements prior to August 2007. Defendant specifically advised Plaintiff prior to August 2007 that Defendant's policy was not to sign such agreements and it did not sign any such agreements. 35. Admitted in part; denied in part. It is admitted only that on or about January 31, 2007 QBW forwarded documents to Defendant. The document attached to Plaintiff s New Matter as Exhibit 6 as a written document speaks for itself. To the extent that the averments of Paragraph 35 are inconsistent therewith, said averments are denied with strict proof demanded at trial. 36. Admitted in part; denied in part. It is admitted that the proposed modification from QBW was never executed. It is denied that the Defendant has never raised an issue with respect to the authenticity of the signature on the original Builder Agreement or that such was required anytime prior to the Plaintiff s Complaint. 37. Admitted, with the clarification that any and all implication that said advertisement constitutes an admission or an agreement that Defendant agreed to the terms contained in the alleged Builder Agreement andlor addendum thereto is denied. 38. Denied. Inasmuch as the Defendant believes that the signature on the Builder Agreement purporting to be an authorized signature of the Defendant is a forgery, Defendant therefore believes and therefore avers that QBW had reason to believe that the signature on the Builder Agreement was not authentic. 39. Denied. It is denied that QBW permitted the Defendant to enroll homes in its ten- year warranty program in reliance upon information provided by the Defendant inasmuch as the Defendant did not sign the purported Builder Agreement and addendum thereto. 40. Denied. The Defendant specifically advised Plaintiff prior to August 2007 that Defendant had not executed any Builder Agreements with Plaintiff. 41. Denied. The Defendant did not receive any purported fully executed Builder Agreements from Plaintiff with the alleged approval letter. By way of further answer, Defendant incorporates herein by reference its replies to Paragraphs 25, 34 and 40 above and its Answer with New Matter as if set forth fully herein. 42. Denied. It is specifically denied that the Defendant was obligated to object to the purported Builder Agreement when it received the approval letter from QBW. 4 43. Denied. The averments of Paragraph 43 constitute conclusions of law to which no responsive pleading is required. Byway of further Reply, the Defendant incorporates herein by reference the averments contained in its Answer With New Matter to Plaintiff s Complaint as if set forth fully herein. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in its favor and to dismiss Plaintiff's Complaint, with prejudice and costs. Date: March 17, 2008 Respectfully submitted, By: i novas v. w imams, esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Roosevelt Builders, Inc. VERIFICATION I, THOMAS O. WII..LIAMS, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for Defendant Roosevelt Builders, Inc., and I make this verification on its behalf; and that said Defendant is unavailable and unable to make this verification on its own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory material in the file. REAGER & Date: March 17, 2008 By: ESQUIRE . v CERTIFICATE OF SERVICE AND NOW, this 17th day of March , 2008, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. Mail, postage prepaid and addressed as follows: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17043 6 C'~ ~ ~ t` .- g.v ~r'Ti i ~ _ ~~~~ ~ t ~ f.~ "("i ] ~~. wa 1 ~~ i t ' "1 ~ r " «~.r. '1 . r . ~~ y Yi ..~~..~ ~" ~v{ ~ ~ °",~ -+. REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a,ReagerAdlerPC.com BY: RICHARD J. JOYCE, ESQUIRE Attorney I.D. No. 85520 Email: ~oyicen,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Roosevelt Builders, Inc. QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff, v. ROOSEVELT BUILDERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5307 CIVIL ACTION -LAW Jury Trial Demanded Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the attached original Verification signed by an Authorized Representative of Defendant Roosevelt Builders, Inc., for the Attorney's verification included with Defendant Roosevelt Builders, Inc.'s Reply to New Matter filed on March 17, 2008. Respectfully submitted, REAGER & R, Date: March 19, 2008 By: T mas O. i liams, Esquire -. CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2008, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be placed in the U.S. Mail, postage prepaid and addressed as follows: John A. Gill, Esquire Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17043 Thom it lams, Esquire 2 VERIFICATION I, Catherine Downey, hereby verify that I am the Vice President of Roosevelt Builders, Inc., and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 3I I s I By: Nicole Williams Notary Pudic, Rockda~ Count)r, Georgia My Commission Expires June 14, 2009 (} N t~ a r=? ~' ~ ~ :.**m ---1 ~' ~ 1'7~ ~ _ t : ~. )(( ~ 4 ~~ ; yf ' ~ _ ~~ •. y'D f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff v. ROOSEVELT BUILDERS, INC. Defendant PRAECIPE TO THE PROTHONOTARY: CIVIL ACTION DOCKET N0.07-5307 Please mark the above captioned action as "Discontinued without Prejudice". Respectfully Submitted, Date: ~' Z ~-off G . Gill, Esquire 325 orth Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of Plaintiff's Pr3ecipe was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Thomas O. Williams, Esquire Reager & Adler P.C. 2331 Mazket Street Camp Hill, PA 17011-4642 Date: ~.Uh ~_ ' Peggy 'son, Secretary :~ ~~ a `~ ~ Cam. " ~ ^S"i , -`ice ~`; t_:'- 3`S 1 ~.=- S ,.... ~ ~..,., . ~ - F "~ - ~r - ~ , ~ ..:~ ~ J ._ C ~ `<`:i C.~ ~ :. C 0.F: