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HomeMy WebLinkAbout08-0432 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION DUCATI DEVELOPMENT GROUP, LLC DOCKETNO. Q$- y3a Civi I Term 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 CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DUCATI DEVELOPMENT GROUP, LLC DOCKET NO. 60 ?- 9 Defendant COMPLAINT AND NOW, this t -l day of January, 2008, 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, Ducati Homes, LLC (Builder) is an Arizona corporation engaged in the new home building business with its principal place of business situate at 3275 W. INA #269, Tucson, AZ 85741. 3. On May 25, 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 three years to commence on May 25, 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. Although Builder has constructed and sold numerous homes, believed to be over a hundred, since its membership approval, the Builder has not placed warranties on any homes and only has provided construction notifications for thirty-five homes. 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 May 25, 2008. 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 fees 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 Ducati Development Group, LLC as follows: 1. That the Builder Agreement, as amended executed by Defendant, Ducati Development Group, LLC, be specifically enforced to require Ducati Development Group, LLC to enroll all homes they construct for the period May 25, 2005 through May 25, 2008 in accordance with the Builder Agreement as amended. 2. In the alternative that Defendant, Ducati Development Group, LLC be ordered to pay damages equal to warranty fees, which QBW was entitled to based upon homes projected for the period May 25, 2005 to May 25, 2008, 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. Respectfully Submitted, Z j: < n . Gill, Esquire Quality Builders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation 2005/MAY/23/M0N 01:26 PM DUCATI HOMES - FAX No,520 498 tinAj11 3300 , J1 Jlu-j P,002 I. V V L I V V 1 MAC`"13-2005tfRH level UUHLl J OUILUtKS WHKKMIf I QUAY' BUMS WP.ARR& = CO MRMON BUILDER ArPREEMENT AGREEMENT made this day of between QuALMY BUILDERS WARRANTY CORPO `L'ION, a Pennsylvania corporation, herein referred to as "QBW," and Mcad flevelopmeat Group. LLLc or r ome ar, qw ra_-- -- P °n PI P-0.Box AZ $5737 referred to as "Builder." SECTION A. •MENILI.Y MIF AND -r9RM_ ° In the program and 1. Q8W admin program wherft horns builders reglslered with 4BW enroll homes they con ? '? purchssers.,tl.?,rfitfiose homes are protected by a warra ta?niSt,?.dtedlto epurc?hasers of well-built dames, QBW pm- t. In order ,develop and maintain a good 4: a ;(, 1 ? ?,1 •?• ••.- ram. x;. trots a romates its goodanrill by ' eke tor?L'o ' i)c? ? RS ? . rte , wa?nabiderb the pr{-' ions of this 3. Brdlde?Ires to pattkipate Q .• la?; program and77,,,, n,• '•4 mired warwantyAgreamerrt, Builder A ,,. ent and to conform Its bbeN a?&rds expresse?tt?em a n conneo0on wts Plicatira.coned. ": war, that 8111 Ath I a rj#4` 4r 191, n tlod`aig non-refun +4 dal e. :. . AIdegistration lass OnINO I a a Greening) are set by QBW ,.+:?• tathe?<?uiider's 5. CIBW, upon m acutIng t Builder as a member of Its y _ ?Y ?,rogram. subject ortfinuind -perfonnen , o under this Agreement g it her ix. > uilder? membershl de on the date of 6ceca,?ion by QSW and sh I terminated by eit?,sparty n with •o his Agreement QBW reserves ",right to ui?ry annually. If QBW #ter- n a=?a ° by rml standards upon rescreening then QB . ? , ;• .. irtaie Builder's m rt? ices that Builder apP ?, . Esh1t and the proud. on B, paragraph 1;, shall be in attract. !=ONO. -MOM Builder Requirements- potion in Q8W warranty program, sub to enrWI in the -.p e, .Builder, Bulidees Principals, dr any entity iCti'e ` by Q81e in the common control In which QBW oparstes and agrees to pay?a " Tnent process,?wFti t>ot1•r'efundable. ?' ' r ;Procedures. But roll its homes according to procedures establlsi;'„s Qf3G?Buifder may enroll jcurrontly under con es completed but -not sold or occupied (ss l isAgreement or# 1 of reacce tall of suspension or norhparficipation) provided th ar ?. i t is made within 45 i &ecutionis Ag a prance, and QBW has lnspecW and apprcwex ; 'leamIL i ' Iiderds Inventory longer than IS months must be%e edy the end of the 1 Homes w h Gh rr"P construction start 'odes homes must be enrolled on the date of date of Occupancy o maiiel, whichever is earlles o? .y rr1 wanarrh+(s) will bi Ie ,I r Builder and the unexpsi of. of t%parranty will autvmatkaw• " When enrolling otherthah ?,' y • ly dwelling, Builder at e , iraeach Indlvldual unit o9n dwepi end coortdomirtrums.membership is terminstoWal n',uGh as but not limited to[ p ,?,.. , t 11 d t the time of temlinatron. 'p Of mass portion multiunit the direct tion of QBI?(U, 8ullderagrees to en fou a Y^reM„? ?° a as determined by QBW within the. }xt+'"e periods estab- For home enrolled, the Builder shad ffty fed a pa m wawa fee of S150.00 shall a Y• lished by 4 .All warranty fees are non-refundable. A minkn ntY ClBW will do Builder with a copy of the Umited Wanartty Agreement and Enrollment` arm. Builder and pur- chaser must Cote oral and sign the Enrollment Form at closing, and Builder agrees to •furr 8 with a copy of the signed Enroknent Ro In ten (10) days of nosing. Builder agrees hat to charge the p? eridir`?c ly for the cast of the enrollment fee. A h?lwa of be raonsidered enrolled uritil QBW receWes and approve '! u?l exeGUfed and com-% pleted Enrollment Farm, payment ,g fees, and an apkaved final Inspiiedon.: . s. Reservation of Power of Revraw. CIB kMse yes the ri ht to Of pta , a°, ?f submitted for eri gflrrtent in the program If (a) the Builder is not a member In goad stathdii"ng"'b ho ire not GattruCted in accarda?ce with the warranty Standards or building codes specftd In the Limited Warranty Agreement (C)W Builder did not a serve the enrollment (d) misdates or misrepresents any Informaton; (e) in anywwayyfalistoidanplYwith thete21Wthe hisAgresrnenl procedures; 4. Assignment of Rights. !fa purchaserfts a Complaint pursuentto the limited'Warraiafji reeiiaeraBuilderMls to correct the Builder hereby assigns to QBW or its Insurer, as the casrr may be, any rights Which BuIlder may have against a supplier, manufachm, subcontractor or other person for work performed or materials supplied in Bonne Ilion with that claim. Builder agrees to cooperate fully W th Q13W and to provide QBW with all Information which It n3quests pertaining to the claim. If Builder falls to so cooperate, Builder agrees to Compensste and indemnify Q SW for nyoo>?8es sustained by such lack of cooperation. 91LArAir M 3 L 2005/MAY/23/MON 01:27 PM DUCATI HOMES FAX No.520 498 5300 P,0g3 r. uu?i u?? 09-13-2005(FRI) 12:22 QUHL bUILUtO MHKKHnIy kr"n)I' 1'1 '10:1 ulred this r+aement, 013W may seek specific snforee; S. Breach and Remedy. If BulderfdIs to enroll any eligible -prog% even if by this Agreement has been terminated. Furthermore, rrment.or other spprapriaW reilef in legal or equitable pr ma suffer as a result of Gunder agrees to indernnify and hold horniness QWand its Insurerfor any losses or my dern?esf s and ycperk Builder he as a re u such 1 Bullder?s bmach ha ofreby this Agnae ocabty ma aMt and uthorizes and ?eempoWO at or ney or any co rt of re=rd of Pennsylvania or elsewhere due, I n fe QBW to appear for and confess lodgment against Builder davlt signed by am afflcer of gBWrsernay tting forth liable thefor breach of this Agnaertnank, as evidenced by an affl shall not be exhausted by plus attorney's fees Incurred by QBW, with costs of suit and release of errors. Such autharlly any one exercise thereof but judgment maybe cater exclusive and Q9wdmfmm; time eY elect to optime as often as there is a default roceed under this any other para- graph stated herein are alu?tive and not graph In this Agreement 6. Suspension or Termination. WN may terminate, or at its option, suspend builder's partidpatlen In QBW's the erra - Program, or any entity or Individual which Builder Is afflllated, if QBW determines that Builder has done any of Ing, which shall be deemed s breach of this Agreement: (e) falls to comply fully with all provisions of this Agreement 0) falls to perform any of its obligations under this Agri a Including, but not limited to, cooperating in the operation of the programs Informal dispute -resolution and art Prnud g, (c) fai in respond to 015WIs notice of a homeowner's complaint; (d) falls to comply with a decision which Is rendered pursuant to complaint procedural; (e) fails to provide adequate assurance to claw within tan M 0) days after It receives a. written request from QBW for such assurance that (within a reasonable timetable established or apfmved by QBW) It Is wiling and able to cooperate In dispute settlement and to perform the obligations under any decision which is rendered pursuant to such procedures. (t1 -Fails to atherw se cooperate In the operation of the QSW Program in accoklance with the rules and regulations of the Clow Progratm; and when requested by ?16W; It fans to provide timely proof of compliance with this Agreement, as (h) fdsto comply with Q9W Wan my Standards and building nodes as stated In the United Warranty Agreement; (1) Idis to comply with the.enrollment procedures established by QBW; (D fails to provide proof that enrolled homes have been subject required p the ns; Warranty Agreement. (4 -falls to respond to purchaser compiain%in a timely manner' and provided Umltad W fails to perform Its obligations with professlonal competence or conduct its operations from. a positlon of financial strength and smbiiity; .0' (m) 18115 to notify QBW Within .4110 days of a change in ownership, Company name or company sending financial condition, or of any other material'fad which might affect BulidWs ability to meet Its obligations under this Agreement (n) fslfs to meet ethical slanaerd5 In its dealings with customers; or (o) misstates or misrepresents wW Information In conneatlon with its application or in the resm9ening process, QBW reserves the option to -reinstate teinninated affiitates of the primary, terminated 8uikler if 08W determines thual the terminated Builder or its pdncipelsvm not in a.position to control the affiliated ]Builder. Termination of Wider by 08W shall not affect the rights or obligations of any of the parties to this Agreement with respect to the Warranty Program In affect -at the date of termination, subject to the provisions pertaining to voklability. If -a Builder Is suspended or terminated, he shall not represent himself to be a member of the QSW Warranty Program nor offer the QBW Warranty and shall not use Its 44g6 or refer to the program in any way nor attempt to enroll any home. The Builder shah Immediately notify any Buyer currently under contract to purchase a home of-Me suspension or terrnlna• tion and that the QBW Warranty Program has been withdrav+m- Upon request. Builder shall Immediately return to GisW all materials supplied by COW and all material making r0erence to COW. Should Builder fall to take these steps, it shall Indemnify and hold harmless Q6W 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 QSW at the rate of 18% per annum an all sums due to QBW hereunder If such sums am not paid within 30 days of demand by Q8W. ]Budder or by Builder may terminate this Agreement upon so d a y s advance written n o t i c e t o Q B W . If so temrinated by QBW, guilder's obligations under this Agreement shall continue as to those homes enrolled during the period in which this Agreement was in effect. T. Notucr- if QBW possesses a reasonable belief that re.2son axls% to terminate or suspend.a ]Builder for-violation of this Agreement, QBW may immediately terminate or suspend -the Builder by providing ft with wdtten nonce. if 08W ale m to suspend the Builder, such suspension will remain In effiect•urrtil Builder has cured all defects to QBW's satisfaction, how- ever, QBW` reserves the right to terminate any suspended Builder. 8: Voidability. QSW reserves the rightto void any enrollment if Builder misstates or misrepreser'tts•any Information In Its appll- uation or in the rescreening praoess or misstates or misrepresents any Infomotion in the enrollment -of a partlaular home or falls to pay anyfees due for enrollment of any particular home orfags to forward an Enrollment Form for s particularhome within 10 days as required, or fails to enroll all units of a mull unit building. v 3 ?) ?.. ? SECTION C. BUILDER'S OBLIGATIONS: • ?3a 1I_ Construction Obilgador s. Following are the Sulideft obligations wkh respect tv 4t3W s Warranty Progn??: (a) Builder shall construct all homes In conformity with the Warranty Standards provided In the Umited Warranty A'mw,P/a /T S 2005/MAY/23/MON 01:28 PM DUCATI HOMES FAX No,520 42R 5300 P,004 MRY-0-2005(FRI) 12:22 QUI 'V VUrLUM-) WHKKNNI'J lrnnl """„"'-' Agreement, and/or in conformity with approved building codes and other standards established by CIBW and uinsmIn effect for at the beginning of Goer means of the enrolled with respect to any homes contstructed by Dui which QSW deter- escrow payments or other' Protection mines to be "High Risks."' (b) Builder agrees to have all hoe q QBW. QBW III provideI sall fees for the inspection and to pecters or shall approve gover mern'tal evidence of inspection as and who required by y Inspectors. (c) QBW shall have the right to perform spot inspections to verify Illuilder's compliance with this Agreement and Builder agrees to coopwaln. I (d) The Builder agrm to indemnify and hold harmless QSW and/or Its Insurer for any losses or damages QBW and/or, Is Insurer may suffer as a result of the use of fire retardant treated plywood on any building enrolled under the QSW Ten Year Warranty Program. This will include Al clalrm and liability fdr losses, damages and expenses which QBW and/or Its insurer may sustain, IncA pay or be liable for by means of any invest>gatjon settlement or-titig;Won -of any Balm 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 piywnod. (e) If the Builder Is informed by QBW that it is building In an area designated as.one with active soli conditions, the Builder agrees to obtain such soils Investigations slid reports as maybe required by Q6W. If such reports' Indkete a need for special foundation design the Builder agrees to constnrt the inundation according to the design of a registered pro- fesslonal engineer to take,lnto aacoui tthe conditions disclosed by #*.$oil tests. Z. Warrants Obligations. Builder agrees to perform all obligations arising from this Agreement and the Urnlted Warranty Agreement vict this The Builder shall at its own expense perform all obligations as set forth In the QSW Warranty Prvgram e Apreement which Includes meeting the warranty standards upon •notlce• frarm the Purchaser without the necessity of QBW Intervention. If the Builder fails or refuses to perform Its obligations during•yaars?ane and two underthe QBW Warranty Program, In accordance with the Umttod Warranty Agreement or this Agreement; CEW will perform the 'guilder's obligations, how- ever."'Bullderagrees to reimburse QSW and/cr Insurer for ail expenses incurred i performing and obligations, fees. QBiI- Ina but not limited * cost-of materials, cost of collection, labor, architect's fees, erg n9 few , and/or Insurer raserve all rights of subrogation. During years three through ten under the QBW Warranty Program, QSW will perform Its obligations with respect to major structural defects as setforth and defined In the umtted Warranty Agreement *4ftutthe tight of subrogation egairrst the Builder provided that the defect, or symptoms of the subsequent occurrence of the defect, first arose after the expirs- lion of two years under the QBW Warranty Program In effeei1orthat home, and that Builder did•riot attempt to conceal or cosmetically repalr the defeat or symptoms of the-subsequent occurrence of a defect and that the def t t ihdoes es not arlhe from Bullder's faliure to construct the home to ap$cable-08W standards or-adhere to Buildert respon 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 cornpltance impaction. in its business, ra- w. Builder Is authorized to advwba-fts membership in the OBW Wamartty Program and to use its Logo p vlded that any reference to QBW or Its Insurer, whether contractual or adverHstrmp ropy, be approved -by QBW In writing In . advance; of its use. MAI -4 SEMI O* N 0. INFORMAL DISPUTE PROCEDURE: 7. Builder should be aware that the Urnlted Warranty Agreement provides for an Informal dispute settlement and arbitration pmedureto resolve complaints by purchasers underthe Limited Warranty Agreement. Buildershould become famillarwith the settlement procedures in-order to be awsm of Its rights and mssponsibfildes. Builder agrees to cooperatefully In the prix cedum and to be bound by and to comply with any decision of an Independent third party, or arbitrator. If the Builder falls to perform Its obligations hereunder in a timely and workmanlike manner, such failure shall be con- sidered to to a rekwal td perform governed by pwagreph el hereof. Z 't'he Builder agrees to pay all fees charged In connection with the informal dispute settlement arrg arbitration *cedures, S1EM ION F_ ERMS I`, OV9ANING OPERA1104 ARID iNTIMPMiATION, 1. Builder agrees to perform Its abilgatlons underthis Agreement Ina timely mariner. 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 aoft of God, or the public enemy, or riot dull commottn, or governmental conduct. x. 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 considemd an agency, employer-employee relationship, joint venture or psr'trter- ship between the parties. None of the partles, 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 to determined by a court of competent Jurisdiction to be unentor>ceabie, that determination will not effect the validlty of the remaining provisions. ??,/? 4 } 1 EAr_,#/IAd IT Z 2005.4AY/2340N 01.28 PM DUCATI HOMES PAX No.52C 428 530C P. 005 14Ry-13-2005(FRI) 12:23 Off ? VU1LUtmi VHKKnniy lrnA) 1:31 r . UUJJ VVJ he C 5. This Agreement shall be interpreted and enforced in sccor?iarm In with In laws un taf mpetenwead dlonn8uft?der herd f suits instituted under this Agreement shall be brought by consents to the personal jurtsdiodon -of the Pennsylvania courts. S. Builder shall not assign this Agreement without the prior written consent of QEW. 7. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignee, and suc- cessam of the representative parties. 8. This Instrument, and security documents and docurnpnts referred to er Incorporated herein by reference; cmuln the either entire agreement between the parties, and no statement, promises, or Inducements made by either putt' agent 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. l=aUs of elther.party to Insist upon compliance with any provision of this Agreement shall not constitute a waiver of that provision. nested, to 10. All notices required hereunder must be in writing and sent by certifled mail, page pr'epald return recel? req in writlrr to the recipient: at the respective address indicated on the front or to whatever address the party may designs 11. The effective date of this Agreement shall be the date of execution by CIBW By f` BUILDER twat of exewdn by QBW May z5, lw5 13 Builders Reglstratlon No. - . - Slop Harp ADPODUM in consideration for receiving a reduced rate, Builder agrees to maintain its' membership In thb QBW program for a period of _3?._ yamto commence an the data this addendum is execute l by OBW. Builder agrees to submit: for enrollment all homes which Builder or any aMlIate aonstruets during thisterm and any wdenalens. In exchange, sulidees rate will be $9 o,/per thousand. The addendum will renewfor 190 terms unless (30) days prior to the expiration of the term, or.any extenslons; either party provides the other (30) delis advance written notke that they intend not to attend the period entitling the builder to a lower rate. If Builder provides notice, QSW wlfl adjust the Builder's rate upward effedve at the end of the then currant term. 0 BY cOmeoox ? S aS . or IMnnarwa Hepraaerriwliw • Ay _ 3 ? • p?n.m.ttiUoot?.mror} , BMW= S WARRANTY CORPORAnOM By Date May 25, 2005 Please note that in reviewing applicants for the QBW Program, certain costs are Incurred, therefore all Bpplicadon fees are non-refundable. Coortaht l"a QW11W awwom won" CorlmmWo GCW Faro pan ow I ex.V M1T BUILDER Aueafi Development Groups LLC M._ .., ft"U;_ fi" . ndft ors} 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 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Quality Builders Warranty Corporation A Date: l ' l 1 - U `I By: Jor F. Olshefski, Vice President ? i 00 c_ :r c? C?j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALITY BUILDERS WARRANTY CORPORATION, CIVIL ACTION DOCKET NO. 08432 Plaintiff V. DUCATI DEVELOPMENT GROUP, LLC Defendant AFFIDAVIT OF SERVICE OF ORIGINAL PROCESS Respectfully submitted, Date: 2 7 v G John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737-7522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 08-432 Plaintiff: QUALITY BUILDERS WARRANTY CORPORATION vs. Defendant: DUCATI DEVELOPMENT GROUP, LLC For: ABC PROCESS 4834 Swiss Avenue Dallas, TX 75204 County of Cumberland Common Pleas Court Received by ACMS PROCESS SERVICE to be served on DUCAT[ DEVELOPMENT GROUP, LLC by serving TERRY P. ESSER as Statutory Agent, 200 W. MAGEE ROAD #150, TUCSON, AZ 85704. I, Bernd Schulz, being duly sworn, depose and say that on the 28th day of January, 2008 at 8:35 am, I: INDIVIDUALLY/PERSONALLY: served by delivering a true copy of the Notice and Complaint to: DUCATI DEVELOPMENT GROUP, LLC by serving TERRY P. ESSER as Statutory Agent at: 200 W. MAGEE ROAD #150, TUCSON, AZ 85704 and informed said person of the contents therein, in compliance with state statutes. I swear that I am a Licensed Process Server over the age of 21 with no interest in the above action, and am in good standing in the judicial circuit in which the process was served. Su cribed an wom to before me on the 28th day of u , 2 ffant who is personally known to me. 'ARY ,Y MORE NOTARY PUBLIC AROXMA tM IJonen. o m A =s Bernd Schulz ACPS - Pima County #83 ACMS PROCESS SERVICE P.O. Box 26604 Tucson, AZ 85726-6604 (520) 629-0303 Our Job Serial Number: 2008000103 Copyright ®1992-2006 Database Services, Inc. - Process Servers Toolbox V6.2c 0 1('31 ? NA.'.,;. CJ ^s Co QUALITY BUILDERS WARRANTY CORPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DUCATI DEVELOPMENT GROUP, LLC : CIVIL ACTION : DOCKET NO.: 08-432 Defendant PRAECIPE To The Prothonotary Please mark the above captioned action as "discontinued without prejudice." hn A. ill, Esquire 325 Second Street Wormleysburg, PA 17043 (717) 737-7522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation t7 N t i ? ?- ? z r ? ` _ ( 7 C?? ?,, ?Xn =i7 tT7 "'t'l f?t° ?.. •• y? ?T? _ i ? +q tir1 ? ?_f n' r e ??