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HomeMy WebLinkAbout13-6441 Supreme Co ennsylvania Con k f Callroa leas For Prothonotary Use Only: G C W t Docket No: Sp CU ` B L' `NL�� County J S y / Z,tiTr, The information collected on this form is used solely for court administration purposes. This form does not ` supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. i Commencement of Action: S 0 Complaint © Writ of Summons Q Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T QUALITY BUILDERS WARRANTY CORP JAMES ENGLE CUSTOM HOMES, LLC . I Are money damages requested? El Yes E-1 No Dollar Amount Requested: Owithin arbitration limits (check one) outside arbitration limits N Is this a Class Action Suit? © Yes x, No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: JOHN A GILL ESQ ® Check here if you have no attorney (are a Self - Represented 1Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Q Intentional [I Buyer Plaintiff Administrative Agencies ® Malicious Prosecution © Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle Q Debt Collection: Other 0 Board of Elections ® Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) [3 Employment Dispute: Slander/Libel /Defamation Discrimination C 0 Other: ®Employment Dispute: Other Zoning Board T 0 Other: I ®x Other: O MASS TORT BREACH OF CONTRACT 0 Asbestos (BUILDE EMBERSHIP8 N [3 Tobacco Toxic Tort - DES ® Toxic Tort - Impl an t � REAL PROPERTY MISCELLANEOUS n Toxic Waste © I Ejectment ® Other: Ejectment Law /Statutory Arbitration B 13 Eminent Domain /Condemnation Declaratory Judgment ® Ground Rent Mandamus ® Landlord/Tenant Dispute Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto 1] Dental ® Partition © Replevin © Legal [] Quiet Title 0 Other: ® Medical M Other: Other Professional: Updated 1/1/2011 QUALITY BUILDERS WARRANTY : IN THE COURT OF COMMON CORPORATION : PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff' VS. CIVIL ACTION JAMES ENGLE CUSTOM HOMES LLC_, DOCKET NO. 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 C Ck 3� - 776`6 John A. Gill, Esquire I.D. No. 41532 325 North Second Street Attorney for Plaintiff Wormleysburg, PA 17043 717 737 -2522 QUALITY BUILDERS WARRANTY : IN THE COURT OF COMMON CORPORATION : PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION JAMES ENGLE CUSTOM HOMES, LLC DOCKET NO. Defendant COMPLAINT AND NOW, this 1 ST day of November, 2013, 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. 1 2. James Engle Custom Homes, LLC (Builder) is a Kansas corporation engaged in the new home building business with its principal place of business situate at 11155 W 163` Place, Overland Park, Kansas 66063 3. On January 4, 2010, in connection with its application to become a member of the QBW, Builder signed and sent to QBW at its principal place of business, a Builder Agreement in which Builder agreed to become a member in the QBW Ten Year Limited Warranty Program. 4. QBW executed the Builder Agreement on January 5, 2010, at its office. in Cumberland County Pennsylvania, and Builder was approved for membership. Builder was provided with a fully executed copy of the Builder Agreement. 5. After membership approval, Builder contacted QBW and requested a reduced rate for enrollment of its homes. 6. The parties agreed that Builder would receive a reduced rate if Builder agreed to maintain its membership in the QBW program for a minim period of five years. 7. On January 12, 2010, Builder executed a Rate /Term Amendment to the Builder Agreement whereby Builder agreed to maintain its membership in the QBW Ten Year Limited Warranty Program, and enroll all homes that it constructed, for a minimum period of five years to commence on the date the Amendment was executed by QBW. 8. QBW executed the Rate/Tenn Amendment on January 12, 2010 at its office in Cumberland County Pennsylvania, and provided the Builder with a fully executed copy of the Builder Agreement, as amended. A true and correct copy of the aforementioned Builder Agreement with Rate /Term Amendment is attached hereto incorporated herein and marked as "Exhibit I". 2 9. Builder has breached its Agreement with QBW by failing to enroll all homes as required. 10. Section B 1 of the Builder Agreement, as amended, 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." Likewise, the Rate/Term Amendment requires the Builder to enroll all homes it constructs in the QBW program. (See Exhibit 1). 11. The Builder Agreement, as amended, 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). 12. Builder's failure to enroll all homes they construct is a violation and breach 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 the terms of the contract for the period January 12, 2010 to January 12, 2015. 13. In the alternative, QBW seeks damages from Builder for homes, which the Builder should have enrolled and would be required to enroll, during that period of time, which damages exceed the sum of $50,000. 14. QBW also seeks attorney's fees as authorized by Section B 5 of the Builder Agreement. 15. Jurisdiction is proper in the Pennsylvania courts since Section E 5 of the Builder Agreement, as amended, 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?ennsylvania in a court of competent jurisdiction. Builder hereby consents to the personal jurisdiction of the Pennsylvania courts." 3 WHEREFORE, Plaintiff, Quality Builders Warranty Corporation, demands judgment against James Engle Custom Homes LLC as follows: 1. That the Builder Agreement as amended executed by Defendant, James Engle Custom Homes LLC, be specifically enforced to require James Engle Customer Homes LLC to enroll all homes it constructs for the period January 12, 2010 to January 12, 2015 in accordance with the Builder Agreement as amended. 2. In the alternative, that Defendant James Engle Customer Homes LLC be ordered to pay damages equal to warranty fees, which QBW was entitled to based upon homes not enrolled and projected for the period January 12,2010 to January 12, 2015, said amounts to be in excess of $50,000. 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, o A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737 -2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation 4 f EXHIBIT 1 QUALITY BUILDERS WARRANTY CORPORATI.ON 325 North Second Street, Wormleysburg, PA 17043 BUILDER AGREEMENT AGREEMENT made this 31 day of December, 2009, between QUALITY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as "QBW", and James Engle Custom Homes LLC ("S" Corporation), of 13424 W 140th Street, Overland Park, KS 66221 , 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 protects and promotes Its good -will by careful selection of builders to participate in its warranty program. 3. Bulkier 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. S. 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 terns of this Agreement. QBW reserves the right to rescreen Builder annually. If QBW determines that Builder does not meet its approval standards upon rescreening then QBW may terminate Builder's membership and the provisions of Section B, paragraph 6, shall be In effect SECTION B. HOME ENROLLMENT: 1. Requirements. As part of its participation in QBW `s warranty program, subject to QBW's acceptance, Builder agrees to enroll in the program every home Builder, Builder's Principals, or any entity under Builder's, or Builder's Principals common control, constructs in any state In which QBW operates and agrees to pay all fees required by QBW in the enrollment process, which fees shall be non - refundable. 2. Procedures. Builder agrees to enroll its homes according to procedures established by QBW. If Builder fails to do so, Builder will be subject to additional fee assessments. 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. 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 direction 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 established 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 purchaser must complete and sign the Enrolment Forth 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 completed Enrollment Form, payment of all fees, and an approved final Inspection. 3. Reservation of Power of Review. QBW reserves the right to reject any home submitted for enrollment in the program if (a) the Builder is not a member in good standing; (b) the home is not constructed in accordance with the Warranty Standards or building codes specified in the Limited Warranty Agreement; (c) the Builder did not observe the enrollment procedures; (d) the builder misstates or misrepresents any Information; (e) the Builder 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 arid to provide QBW with all information which It requests pertaining to the claim. if Builder fails to so cooperate, Builder agrees to compensate and indemnify QBW for any damages sustained by such lack of cooperation. 5. Breach and Remedy. If Builder fails to comply with the obllgations under this Agreement or fails to enroll any eligible home as required by this Agreement, QBW may seek specific enforcement or other appropriate relief in legal or equitable proceedings, even if this Agreement has been terminated. If, In QBW's opinion, Builder experiences an adverse change in financial position, Builder agrees to provide alternate fortes of security requested by QBW. 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. I llllllll Ilil 111111 IIiI 1111111111 111111 IIIII �� i IIII I �il� IIIII IIII IIIII 11111 IIIII IIIII IIIII III! IIII I II�I� IIII IIII IIIII IIII �IIiI III IIIII II1101� III IIiI 23248185 QBW OF 003 (08108) JAN 04 2010 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 slated herein are elective and not exclusive and QBW may elect to proceed under this or any other paragraph 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 with which Builder Is affiliated, if QBW determines that Builder has done any of the following, which shall be deemed a breach of this Agreement (a) fails to comply fully with any provision 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) fads 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 meet its obligations under this Agreement including cooperating in dispute settlement and to perform the obligations under any decision which is rendered pursuant to such procedures; (f) falls to otherwise cooperate in the operation of the QBW Program in accordance with the rules and regulations of the QBW Program; (g) falls 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; (1) fails to comply with the enrollment procedures established by QBW; U) 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; (1) fails to perform its obligations with professional competence or conduct Its operations from a position of financial strength and stability; (m)falls 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 obllgations 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 voidabilily. 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 termination and that the QBW Warranty Program has been withdrawn. Upon request, Builder shall Immediately return to QBW all materials supplied by QBW and all materials 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 and additional fees, as calculated by QBW, if not paid 30 days thereafter. Builder may terminate this Agreement upon 30 days advance written notice to QBW. if so terminated by Builder or by QBW, Builders obligations under this Agreement shall continue as to those homes enrolled during the period in which this Agreement was in effect. T. 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, however, QBW reserves the right to terminate any suspended Builder. 6, Votdabttity. QBW reserves the right to void any enrollment if Builder misstates or misrepresents any Information In its application 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 falls 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: 9. Construction Obligations. (a) Budder shall construct all homes in conformity with the Warranty Standards provided in the Limited Warranty Agreement, and/or in conformity with approved building codes and other standards established by QBW and in effect at the beginning of construction of the enrolled home. QBW reserves the right to establish special requirements for escrow payments or other means of protection with respect to any homes constructed by Builder which QBW determines to be 'High Rlsks', or with respect to Builders adverse change in financial position. OBW OF 003 (08/08) 4 2w (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 shell 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 professional engineer to take Into account the conditions disclosed by the soil tests. 2. Warranty Obligations. Builder agrees to perform all obligations arising from this Agreement and the Limited Warranty Agreement. The Builder shall at its own expense perform all obligations as set forth In the QBW Warranty Program and this Agreement which includes meeting the warranty standards upon notice from the Purchaser without the necessity of 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, however, the Builder agrees to reimburse QBW and/or Insurer for all expenses Incurred in performing their obligations, Including but not limited to, cost of materials, cost of collection, labor, architects fees, engineering fees and counsel fees. QBW and /or Insurer reserve all rights of subrogation. During years three through ten under the OBW 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 expiration or 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, provided 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 procedure 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 good and workmanlike manner, such failure shall be considered 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 partnership 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 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. 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 successors of the representative parties. 8. This Instrument, and security documents and documents referred to or Incorporated herein by reference, contain the entire agreement between the parties, and no statement, promises, or Inducements made by either party or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or aftered except In writing signed by the parties and endorsed hereon. QBW OF 003 (08M) 4JAI 0 4 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 carlified 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 and acceptance by QBW. 1 4 - QUALITY BLJII DERS NVARRAN'Py CORPORATION BY Date of execution and acceptance by QBW Ja nuary 5, 2010 Builder's Registration No. #710001 BUILDER James Engle Custom Homes LLC Date _1IIylaoIt) ri By [�llyLl]Filli/_ /� uiv r. r nUC�[f� t11M/L IlLVLCt n lit Sign Here (Signature of Aullfbilzed Repmsantalivc - Tdle) flimbei'h1 (jrL[nC- (Ploase print nameltitle of executor) RATE ITERM AMENDMENT 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, Builder's Principals, or any entity under Builder's, or Builder's Principals common control, constructs during this term and any extensions. In exchange, Builder's rate will be $ I.30 per thousand. The rate is provided based on Builder's anticipated volume. If Builder's volume decreases, QBW reserves the right to Increase the Builders rate for the remaining tern. If the Builder's rate is increased for any other reason, Builder may terminate membership. This rate will not apply to buildings with five or more stories, which QBW will determine on B project by project basis. The addendum will renew for like terms unless (30) days prior to the expiration of the term, or any extensions; either party provides the othor (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 Builders rate upward effective at the and of the then current term. BUILDER James Engle Custom Homes LLC Date )) 1'!A -80 (Signature of A Ihoriz d Rapresontalive - Tllle) (Plonsn print namer011e of executor) QUALITY BUILDERS WARRANTY COR11 'ION Date �• �°? /0 gy A ir. `-C M�N Plea no a that in reviewing applicants for the QBW Program, certain costs are incurred, therefore all application fees are non - refundable. 0 Copyright 1888 Ouality Builders Warranty Corporallon O17W OF 003 (08109) 4 VERIFICATION I, JOSEPH M OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing 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 Build e n Date: 11. 3 By: ` JosehM. Xshefski, P sident John A. Gill,Esquire I.D.No. 41532 " ' t `t 1 i 1: u`' 325 North Second Street Attorney for Plaintiff Wormle sbur PA 17043 '' t u ?r C i3li'r e (717) 737-2522 PENNSYLVANIA QUALITY BUILDERS WARRANTY : IN THE COURT OF COMMON CORPORATION : PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff • vs. CIVIL ACTION JAMES ENGLE CUSTOM HOMES, LLC : DOCKET NO. 13-6441 Civil Defendant • • AFFIDAVIT OF SERVICE BY MAIL On November 1, 2013, I mailed a true and correct copy of the Complaint by certified mail,return receipt requested to, James Engle Custom Homes, LLC, Article# 7004 1350 0003 0402 9534, at their address. James Engle Custom Homes, LLC received the Complaint on November 4, 2013, as indicated by the receipt attached hereto as Exhibit"A". I make these statements pursuant to 18 Pa.C.S. 4904 relating to unworn falsification to authorities and understand that false statements may be subject me to criminal penalties under that statute. Pe_� orrison, Secretary U.S. Postal Service-., m CERTIFIED MAIL - RECEIPT ►n (Dcmestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, OFFICIAL USE O rf Postage g'firalgiii rn r O Certified Fee ‘ (E Rndor em n RRegquirred ) Her O Restricted Delivery Fee -� (Endorsement Required) rn rq Total Postage&Fees MEM Sent To or PD BOX No. City,State,ZIP+4 PS Form 3800.June 2002 S Rev-rue f r EXHIBIT A SENDER: COMPLETE THIS SECTION COMPLETE THIS St 1 nor,, 'F !VERY • Complete items 1,2,and 3.Also complete A. Si. . re , Item 4 if Restricted Delivery Is desired. 0 Agent t<Print your name and address on the reverse X AlJ1 0 Addressee so that we can return the card to you. affleceivz•* (Printed Name) C. '- e of s elivery • Attach this card to the back of the mailpiece, or on the front if space permits. Ihd n �� D. Is delivery ad. -different from item 1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: 0 No James Engle Custom Homes, LL• 11155 W. 163rd Place Overland Park, Kansas 66063 3. Service Type Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) La Yes 2. ArticieNumber 7004 1350 0003 0402 9534, (r►ansfEkrilom# 1► r t PS Form 3811,February 2004 Domestic Return Receipt t02595-02-M-1540 HE ti iT#1� ; 2013 DEC -9 PH I: 37 John A. Gill,Esquire ',U M 1 E P L "D COLINT I.D.No. 41532 PENNSYLVANIA 325 North Second Street Attorney for Plaintiff Wormleysburg, PA 17043 (717) 737-2522 QUALITY BUILDERS WARRANTY : IN THE COURT OF COMMON CORPORATION : PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA • Plaintiff • vs. : CIVIL ACTION JAMES ENGLE CUSTOM HOMES, LLC DOCKET NO. 13-6441 Civil Defendant PRAECIPE To the Prothonotary: Please mark the above captioned action as, "Settled and Discontinued With Prejudice." o in A. Gill, Esquire Attorney for Plaintiff Quality Builders Warranty Corporation • CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Praecipe, 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: James Engle Custom Homes, LLC Attn.: Ben Tarwater 11155 W. 163rd Place Overland Park, Kansas 66063 Date: /• /4.// /2/ Pegg rM rrison, Secretary