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HomeMy WebLinkAbout06-4118 QUALITY BUILDERS WARRANTY CORPORATION, : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff vs. LEE'S fiLL CONSTRUCTION LLC : CIVIL ACTION ~ DOCKETNO. O~ -~/I;> c.-/c.)~L/~ Defendant NonCE 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHER YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, P A 17013 717-249-3166 QUALITY BUILDERS WARRANTY CORPORATION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff vs, LEE'S HILL CONSTRUCTION LLC : CNIL ACTION ; OOCKETNO. Of.. -"III? C;c:nLIVz..,,",- Defendant CO~LAINT AND NOW, this 18th day of July, 2006, comes the PIaintiff, 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, Lee's Hill Construction LLC (Builder) is a Virginia corporation engaged in the new home building business with its principal place of business situate at 10300 Spotsylvania Avenue, Suite 101, Fredericksburg, Virginia 22408, 3. On June 10, 1999, Builder executed a Builder Agreement in which Builder agreed to become a member in the QBW Ten-Year Limited Warranty Program, A true and correct copy of said document is attached hereto incorporated herein and marked as "Exhibit 1". 4. On May 17,2004 Builder executed an amendment to the Builder Agreement agreeing to maintain its membership in the QBW Ten- Year Limited Warranty Program for five years to commence on May 17, 2004. A true and correct copy of said document is attached hereto incorporated herein and marked as Exhibit 2 5. Builder has breached its Agreement with QBW by failing to enroll all homes as required, 6. 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). 7, 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). 8. 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 for the period May 17,2004 to May 17,2009. 9, 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 damllges exceed the sum of $35,000. 10. QBW also seeks attorney's fees as authorized by Section B 5 of the Builder Agreement. 11. 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 Lee's Hill Construction LLC, as follows: 1. That the Builder Agreement as amended executed by Defendant Lee's Hill Construction LLC be specifically enforced to require Lee's Hill Construction LLC to enroll all homes they construct for the period May 17, 2004 through May 17, 2009 in accordance with the Builder Agreement as amended. 2, In the alternative that Defendant, Lee's Hill Construction LLC be ordered to pay damages equal to warranty fees, which QBW was entitled to based upon homes projected for the period May 17, 2004 to May 17, 2009, 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, John . Gill, Esquire ity Builders Warranty Corporation 325 North Second Street Wonnleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation VERIFICATION I, JORDAN F, OLSHEFSKI, Vice President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Amended Complaint is true and correct to the best of my knowledge, information and belief; and that I IIDderstand 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: Ju.ly l~, ;}()O{., By: 1-~ Jordan F, Olshefski, Vice President \", BUILDER AGREEMENT "- VIRGINIA JUN 1 4 1999 AGREEMENT made this 10th day of June ,1999 between aUALlTY BUILDERS WARRANTY CORPORATION, a Pennsylvania corporation, herein referred to as 'aBW: Libertv MutuaLGroup, herein referred to as "Insurer," and GRANIlS'l'AW BIlILDERS, ~_ ANDf(R LEE.S BILL CXk:i'u<<IC:I:J.lIf LLC Name of Builder: (indicate whether a corporation, partnership, individual or other) , of 10700 Spotsylvania Avenue, Fredericltsburg, VA 22408 Address , herein referred to as 'Builder.' State Zip SECTION A. MEMBERSHIP AND TERM: 1, aBW administers a program whereby home builders registered with aBW 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, aBW protects and promotes its good-will by careful selection of builders to participate in its warranty program. 3, Builder desires to participate in aBW'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 aBW in connection with its application is true and correct. 4, All registration fees (initial and annual rescreening) are set by aBW at its discretion and are non-refundable, 5, aBW, 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 aBW and shall continue until terminated by either party in accordance with the terms of this agreement. aBW reserves the right to rescreen Builder annually, If aBW determines that Builder does not meet its approval standards upon rescreening then aBW may terminate Builder's membership and the provisions of Section B, paragraph 6, shall be in effect. SEcnON B. HOME ENROLLMENT: 1. Requirements. As part of its participation in aBW's warranty program, subject to aBW'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 aBW operates and agrees to pay all fees required by aBW in the enrollment process, which fees shall be non-refundable, ' 2. Procedures. Builder agrees to enroll its homes according to procedures established by aBW. 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 aBW has inspected and approved the home, When enrolling other than a detached single family dwelling, Builder shall enroll each individual unit of any muiti- unit dwelling such as, but not limited to, duplexes, townhouses and condominiums. For each home enrolled, the Builder shall pay a warranty fee as determined by aBW within the time periOdS estab- lished by aBW, All warranty fees are non-refundable, A minimum warranty fee of $100,00 shall apply, aBW will provide Builder with a copy of the Limited Warranty Agreement and Enrollment Form. Builder and pur- chaser must complete, sign the Enrollment Form at closing, and Builder agrees to furnish aBW with a copy of the signed Enrollment Form within ten (10) days of closing, Builder agrees not to charge the purchaser directly the cost of the enrollment fee, A home will not be considered enrolled until aBW 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. aBW 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 enroll- ment 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 the insurer or aBW on behalf of the 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 aBW and to provide aBW with all information which it requests pertaining to the claim, If Builder fails to so cooperate, Builder agrees to compensate and indemnify aBW for any damages sustained by such lack of cooperation, 5. Breach and Remedy. If Builder fails to enroll any eligible home as required by this Agreement, aBW may seek specif- ic enforcement or other appropriate relief in legal or equitable proceedings, even if this Agreement has been termi- nated, Furthermore, Builder agrees to indemnify and hold harmless aBW and its insurer for any losses or any dam- ages aBW 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 else- ~)C~ l~=r :L where to appear for and confes~ ,gment against Builder for all amounts for ,.;h Builder may become liable to aBW for the breach of this Agreement, as evidenced by an affidavit signed by an officer of aBW setting forth the amounts then due, plus attorney's fees incurred by aBW, with costs of suit and release of errors, Such authority shall not be exhausted by anyone exercise thereof but judgment may be confessed as aforesaid from time to time as often as there is a defauit. Remedies stated herein are elective and not exclusive and aBW may elect to proceed under this or any other paragraph in this Agreement. 6. Suspension or Termination. aBW may terminate, or at its option suspend, Builder's participation in aBW's Warranty Program, or any entity or individual with which Builder is affiliated, if aBW determines that Builder has done any of the following, 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 opera- tion of the program's informal dispute resolution and arbitration procedure; (c) fails to respond to aBW'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 aBW within ten (10) days after it receives a written request from aBW for such assurance that (within a reasonable timetable established or approved by aBW) it is willing and able to coop- erate 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 aBW Program in accordance with the rules and regulations of the aBW Program; (g) fails to provide timely proof of compliance with this Agreement, as and when requested by aBW; (h) fails to comply with aBW Warranty Standards and building codes as stated in the Limited Warranty Agreement; (i) fails to comply with the enrollment procedures established by aBW; (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 financiai strength and stability; (m) fails to notify aBW within 30 days of a change in ownership, company name or company standing, financial con- dition, 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 (0) misstates or misrepresents any information in connection with its application or in the rescreening process, aBWreserves the option to reinstate terminated affiliates of the primary, terminated Builder if aBW determines that the terminated Builder or its principals are not in a position to control the affiliated Builder, Termination of Builder by aBW 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 himseif to be a member of the aBW Warranty Program nor offer the aBW 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 suspen- sion or termination and that the aBW Warranty Program has been withdrawn, Upon request, Builder shall immediate- ly return to aBW all materials supplied by aBW and all materials making reference to aBw. Should Builder fail to take these steps, it shall indemnify and hold harmless aBW and the insurer against any and all expenses incurred and losS- es suffered, including but not limited to attorney fees, by either of them as a result. In addition, Builder shall pay inter- est to aBW at the rate of 18% per annum on all sums due to aBW hereunder if such sums are not paid within 30 days of demand by aBw. Builder may terminate this Agreement upon 30 days advance written notice to aBw. If so terminated by Buiider or by aBW, 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 aBW possesses a reasonable belief that reason exists to terminate or suspend a Builder for violation of this Agreement, aBW may immediately terminate or suspend the Builder by providing it with written notice, If aBW elects to suspend the Builder, such suspension will remain in effect until Builder has cured all defects to aBW's satisfaction, however, aBW reserves the right to terminate any suspended Builder, 8. Voidabillty. aBW 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 partic- ular 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, SECTION C. BUILDER'S OBLIGATIONS: 1. Construction Obligations. Following are the Builder's obligations with respect to aBW's Warranty Program: (a) Builder 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 aBW and in effect at the beginning of construction of the enrolled home, aBW reserves the rights to establish special require- ments for escrow payments or other means of protection with respect to any homes constructed by Builder which OBW determines to be 'High Risks." ' (b) Builder agrees to have all homes inspected, as required by aBW, and to pay all fees for the inspection and to pro- vide evidence of inspection as and when required by aBW, aBW shall provide inspectors or shall approve gov- Ex I.ill~u 'r .1- ernrnental inspectors. \.. (c) OBW shall have the right to perforh1 spot inspections to verify Builder's compliance with this Agreement and Builder agrees to cooperate, (d) The Builder agrees to indemnify and hold harmless OBW and/or its Insurer for any losses or damages OBW and/or its Insurer may suffer as a result of the use of fire retardant treated plywood on al"1Y building enrolled under the OBW Ten Year Warranty Program. This will include all claims and liability for losses, damages and expenses which OBW and/or its Insurer may sustain, incur, payor be liable for by means of any investigation settlement or litigation of any claim or action which may be raised, made or brought due to the potential defects caused or likely to be caused by use of the subject plywood, (e) If the Builder is informed by OBW that it is building in an area designated as one with active soil conditions, the Builder agrees to obtain such soil,S investigations and reports as may be required by OBW, 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 OBW Warranty Program and this Agreement, which includes meeting the warranty standards upon notice from the Purchaser without the necessity of OBW intervention, During years one and two under the OBW Warranty Program, if the Builder fails or refuses to perform its obligations in accordance with the Limited Warranty Agreement or this Agreement. the Insurer, or OBW on behalf of the Insurer, will perform the Builder's obligations, however, the Builder agrees to reimburse OBW and/or Insurer for all expenses incurred in performing their obligations, including but not limited to, cost of materials, cost of collection, labor, architect's fees, engineering fees and counsel fees, OBW and/or Insurer reserve all rights of subrogation, During years three through ten under the OBW Warranty Program, Insurer, or OBW on behalf of Insurer, 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 of two years under the OBW 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 OBW standards or adhere to Builder's responsibilities under the Builder Agreement. If the Builder repairs a major structural defect during years one or two, OBW must be notified, Once notified, OBW will perform a compliance inspection, SECTION D.INFORMAL DISPUTE PROCEDURE: 1. Builder should be aware that the Limited Warranty Agreement provides for an informal dispute settlement and arbitra- tion procedure to resolve complaints by purchasers under the Limited Warranty Agreement. Builder should become familiar wit,h the settlement procedures in order to be aware of its rights and responsibilities. Builder agrees to coop- erate fully in the procedure and to be bound by and to comply with any decision of an independent third party, or arbi- trator, If the Builder fails to perform its obligations hereunder in a timely and good and workmanlike manner, such fail- ure 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 proce- dures. 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 perfor- mance 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 part- nership 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 OBW. 7, This Agreement is a contractual undertaking between OBW and Builder, The Insurer is an intended third party benefi- ciary, It is the express intent of the parties hereto that the duties, obligations, terms and conditions agreed to herein shall directly inure to the benefit of the Insurer identified herein as an intended third party beneficiary. OBW shall have the right to enforce the Insurer's rights under this Agreement. It is also expressly intended by the parties hereto that the Insurer shall have the right and authority to enforce the terms and conditions of this Agreement, and in furtherance of its interests, enforce duties and obligations arising hereunder of the respective parties and the duties and obliga- Ex:>J.J t tit l"" ..r.. " tions under any other OBW Li~ed Warranty Program documents related ',,, the intent, purpose and scope of this Agreement. OBW is the Administrator of the Warranty Program. OBW is not the warrantor under the Limited Warranty Agreement, nor is it the Insurer of the Builder's performance under the terms of the Limited Warranty Agreement. Only the Insurer is responsible for performance of the Limited Warranty Agreement in the event of Builder default. 8. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignee, and successors of the representative parties, 9, This instrument, and security documents and documents referred to or incorporated herein by reference, contains the entire agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or,altered except in writing signed by the parties and endorsed 'hereon, 10. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of that provision, 11, All notices required hereunder must be in writing and sent by certified mail, postage prepaid, return receipt request- ed, to the recipient at the respective address shown below, or to whatever address the party may designate in writ- ing, 1:?, The effective date of this Agreement shall be the date of execution by QBW. By QUALITY ,BUILDER~ W~RRIJNTY CORPORATIO, N -d. a. III Ci ~ 'If - 0 Pf,PIJTloI..J'; J~ll,,1t M. S:..),.;;(J,ki, P,..fdant Date of execution by aBW: Builder's Registration No.: July 2,1999 See Below BUILDER: See Below--- All Inclusive (Name of Builder - please print or type) DATE By (Signature of Authorized Rapresentative - Title) (Please print namellltle of executor) 10700 Spotsylvania Avenue, FredericksbUJ:g, VA 22408 (Address) ADDENDUM GRANDSTAFF BUILDERS, INC. AND/OR LEE'S HILL CONSTRUCTION'S liability hereunder shall be joint and several, which includes any liability for any uil r Agreement ast, present and future. , ExA/oiuT J- Copyright 1988 Quality Builders Warranty Corporation OSW FORM VA-01;Q 4197 40275 REG# 40276 REG# ~~iO/~VV. i~:~O raA ~.V O~O ~II~ r ,'''''-H-''''''''' 1'(: 11 "I.JALITY BUILDERS WARRANTY .i..i.....~L:..aJ -....,.... 717.737 4288 P.02/02 '...-----" ~~-~ AMENDMENT TO BUILDER AGREEMENT This Amendment, is between Quality Builders Warranty Corporation (QBW) and LEE'S HILL CONS1RUCTION, LLC, rcfetted to as "Builder". Builder is a. member in the QBW 10 Year Limited Wammty Program. QBW and Builder desire to modifY the tcnn of the Builder Agreement. QBW and Builder, in exchange for the mutual covenants contained herein and intending to be legally bound hereby agree as follows: I. Builder shall maintain its membership in QBW's Limited WlImIIIty Program for an additional period of five (5) years to commence upon the below date and submit for CIU'Ollment homes which Builder or any affiliate constructs during that time. Builder may not terminate his participation in the QBW Program within that period unless consented to by QBW in writing. 2. Builder shall pay an annual membership fee. 3. Builder's rate will be lowered to $1.80 per thousand. The rate will remain in effect for the period oftbis Ameodment. The Amendment will renew for a like term unless thirty (30) days prior to the expiration of this term or any extensions either party provides the other thirty (30) days advance written notice, that they intend not to extend the period entitling the Builder to a lower mte. IfBuildcr provides DOtice, QBW will adjust the BUIlder's rate upward effective at the end of the then current term. 4. If, in the UDforesccn event of a rate increase, caused by Legislation or situations beyond the control ofQBW, Builder has tho right to terml"otte participation, S. If the terms contained in this Amendment are iDeonsistent with the Builder Aareoment, the tenns otthis Amendment sha1I eovcm. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be cxcouted by their duly authorized officers, as of this 11" day of May, 2004. CORP. - 'S HILL CONSTRUCTION, LLC ~ BY: \.\t\i \ ~~-'1 ,?/~ E .><..#1 ~T c:L TOTA... P.02 \t p "s. 1- Cr) ~ n r"---.) - ~ lJ( '" '.. , ,-:-) 1..____.., -fl 8 ~ () ( :~;J nl ~ -...; -J ;'-.) r- p= Cj CY ~- E - r,; -L c- . QUALITY BUILDERS WARRANTY CORPORATION : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL V ANlA Plaintiff : DOCKET NO, 06-4118 v, LEE'S HILL CONSTRUCTION LLC Defendant : CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL On July 21, 2006, I mailed a true and correct copy of the Complaint by certified mail, return receipt requested to, Lee's Hill Construction LLC, Article # 7004 2510 0000 2106 8875, at their address. Lee's Hill Construction LLC received the Complaint on July 24,2006, 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. ~om~ . Complete Items 1, 2, and 3. Also complete item 4 ifj1estricted Delivery is desired, . Print your name and a,ddress on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the fm.nt n space pannils, .;"'- struction LLC ania Avenue rg, VA 22408 D. Is delivery address different from Item 11 If YES, enter delivery address below: 3....~1YPe ~CertifIed Mal 0 Express Man o Reg;stered 0 RelumRece/plIor MerohBnd"'" o Insured Men 0 C,Q,D, 4, Restricted Delivery? (ExtnJ Fee) 0 Ves 2, A1tlct.Nwnber 7004 2510", Q.!l,[]O 2106 8875 (r1llllSfar /rom S6Il PS Fonn 3811, February 2004 ~ Return Rece;pt U'I f'- <0 <0 U,S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only No Insurance Cover<lgc Prov,dect) ~ OFFICIAL USE ru ~/) -. $ .8'7 g "'J\'\- CertiftedFee o D Aeeum ~Fee (E........_it RequIred) CJ RestrlctedDellveIyFee n (Endor8ement ReqUired) U'I ru Total PoatIlge & Fee8 "" g . Lee I s Hill Construction LLC f'- lliiN;;"Aj;{li.:'"'..........,',....,.,",...,',..,..,',....,.............,.,........." OIPOBoxNo. '10700 Spotsy1vania Avenue iliii.~~"",........."',...........,.,......,."',............",.......... , eclericksburg, VA 22408 ~Y- t+1~T 7*1 ~ .:...:!" 102595-0241540 . J,-,,,,:, ......-, ,.. " . QUALITY BUILDERS WARRANTY CORPORATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 06-4118 v LEE'S HILL CONSTRUCTION LLC : CML TERM Defendant PRACIPE To the Prothonotary: Please mark the above captioned action as, "Discontinued Without Prejudice". ~ -?- ~......--- ~. , . Gill, Esqwre Attorney for Quality Builders Warranty Corporation (") \.......) 0 <= c ~-" ., ~ ,,~ \", (/) :J:I- P'l rnp -;:J ,)fT, I :::)01'1) 0' C~(-? -0 :::~E~ _.'.... '--fTi W :":J "~l -~> '" en i"') ~<