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NOTtCI O. APPIAL
COIIIm-:,lWULt" Of 'INNIYLVAHIA
COlI" Of COMMON 'LIAS
CUMBERLAND COUNT'l, PENNS'lLVAN A
lUOlCW IIlIT.OC'
'110M
DISTRICT JUSTICI JUDOMINT
._" ._...." COMIIW)~~LlU~..q'1. - ~ I J ~ . c.~ :r.~"".
NOTlCI Of APPIAL
Nolice is gi_ that tho -",,"I hat filed in lhe abo-re Courl of Comnon Pleo. on _01 from lhe judgment ,ondef.d by lhe Di.lritt Jutl.. on tho
..... and In tho COM ,,,...llou.d bobM
P.O. BOX 727
---liUllMTH1\'l5IfliiWNU.....-..... .....
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CABJlOLh_.._._ ----.JA...-..irJo/io....T-.. ....._~H.QL_
NAMI Of .aIf'IUANT
AMERICAN HOME SHIELD
_ 01 AIftUN'ff
97 RAUP DAVID ~ MARGARET. r..~- \l,,~." "U'"U
CV ""X -0000090-97
U19 I
ThiI block wit be t9wd ONlY when thi. nolotion i. required under PI1 R.cP.JP, ~ /I appel I was CLAIMANT(sue'Pa,'RC piP. 'NO,-
1008&
ThiI Notice of Appeal. when no<oi..d by tho Di.t,.1 Ju.tic.. wiU oporole 01 0 lDOH6} In aclion beloro DlstrlGf JuBIlee, IIfI MUST
SUPERSEDEAS 10 the judgmont lot pa.....ion in thi. ca.a FILE A COMPLAINT wllhln lwenly 120} c:/IlyII SliM
._.._.._ IllIng his NOTICE 01 APPEAL,
5Igr1a/lI8 01 _/JonolaIy Qt Deputy
(T/IIIl section 0I1otm /0 be used ONLY when appellant was DEFENDANT I.de Po. R.C.PJ.P No
IF NOT USED. detach from cqlY 01 no/ice 01 appeal to be served upon appeltoo).
'IAECIPI. To F'lothanolory
DAVID & MARGARET RAUP
PRAECIPE TO ENTER lUll TO Fill COMPLAINT AND RULITtffiLl
100' 171 /11 oct/on 00/010 Dui/lICI JuoIK;e.
. appoIoe{.). 10 file Q c"",,*,",, In IIW. """"'"
NiltnloI~SJ
(Cammon f'toat Ne1 Cf' - ~ I ~ 3 C.~.:.. Q, -r.uv- ) within 1_ly (20) day. oftwf I$ifFir"..{; of ~~. non .-.
~.. d ......" ~ _ IIhNr ... ..
DAVID ~ MARGAnE~ RAUP
Enter Me upon
IULE, To
. oppeIoo(.~
,*,,., 01 ~.}
(1) You en nolifiod that 0 Me is horoby ontorod upon)'Oll 10 file a complaint in thit llflP"Ol within 1_ly (20) day. of... lhe dmo af
..me. o. thi. ruIo upon you by penonoI terVic. 01 by cortilied 01 ..gittorod mail
12) N you do nol file 0 c~t within lhit limo. Q JUllGMfNT Of NON PROS W1U IE ENTERED AGAINST YOU,
(3) Tho ..... 0' terVic. 0' thit Me ~ ...vice 'MIl by moil i. tho dolo of moiling.
..ihL;O~'A' a."t-'~-'o,)~
- aI IloDuIr
llalo: ~ ~5 .19.11,
IC:JK,J12.64
COUAT fiLE TO BE f'llfD WIIH PAOfttONOTARY
09-3-04
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF ~"''-ll- .n,l AOOAf51l
'RAUP, DA V I D 'MARGARET -,
6111 WESTOVER DR.
MECHANICSBURG, PA 17055
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;,--
..1,.J;:DMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
M&9 {)la!, No
OJN_ l'on
GLENN R. FARNER
_.- 5002 LENKER STREET
MECHANICSBURG, PA
17055-0000
OEFENOANT.
!AMERICAN
P.O. BOX
CARROLL,
L
Docket No,: CV-0000090-97
Date Filed: 3/14/97
VS,
'Nphon. (717) 761-8230
NAME aM Ar.oAt-SS
HOME SHIELD
727
IA 51401
-,
ATTORNEY DEF PRIVATE
~
f
PHILIP H. SPARE, ESQ.
44 W. MAIN ST.
MECHANICSBURG, PA 17055
THIS IS TO NOTIFY YOU THAT:
.Iudgment:
FOR PI.AINTIFF
[KI
[KI
Judgment was entered for:
(Name)
RAUP. DAVID &MARGARET
AMERICAN HOME SHIELD
Judgment was entered against: (Name)
In the amount 01 $
l. 'A' 40 on:
(Date 01 Judgment)
4114/q7
D Damages will be assessed on:
(Date & Time)
TOTAL
3.221.90
60 .2.2
.00
.00
3.282.40
D This case dismissed wlthuut prejudice,
Amount of Judgment $
Judgment Costs $
Interest on Judgment $
Attorney Fees $
$
D Levy is stayed for _ days or D generally stayed,
o Objection to levy has been flied and hearing will be held:
Date:
Place:
Time:
J-o.'..I..w.:..,J
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF ~~ BY FIt:!NG A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF'~MON PLEAS, CII/ll. DIVISION,
YOU MUS~_INCLUDE A COPY OF THIS NOTICE OF JUDGMENl/TRANSCRIPT Foj+M WITH YOIJR NO~IC~t;,Cr APPEAL..
L\ '\ I \' I j Date . . . '.' r j' . , ~ " Iill;trict Jusflcii
, .
, ,
\ .
I certify that this is a true and correct copy of the record 01 the proceedings containing the judgmllfl\;'
";. ", .f
\ \_\ I \'1 I Date"':"', Ciitnetjustlce
SEAL
My commission expires first Monday of January. 1998,
AOPC 315-96
7. Paul Harris Sr. and Paul Harris Jr. -- bolh of i"aul Harris Compony - a sul>-
conlniClor rcpn:scnling American Home Shield. came 10 our home on Dcc:ember 3,
1996, After examining lhe heat pump, he ordcn:d a /Cplac:emenl part called Ihe defrost
lIIlXhanism. When "'aul Harris leR our home that day, our home was as cold as it was
wllenllearrived.
8, Twenly days laIer, on Dcc:ember 23, 1996, /Cprcsentatives of Paul Harris came
to our home and installed a defrost mechanism, The healing system still did nol serve
10 heal our house even aRer Ihis inslallalion. When Paul Harris' repn:scOlatives leR
our home thai day, our home "as as cold as il "as "hen Ihey arrived.
9, Eighl days later, on Dcc:ember 31, 1996, we /Cported thaI our heating syslem
still did nol work. Allhis lime, "e had gone one month withoul heal in our home, Mr.
Paul Harris Jr. came to our home. We n:a:ived his report Ihal OUI system nceded
cleaning, wilh an estimale lhal it would cosl us $1 SO. He used our home lelephone 10
call American Home Shield (AHS). AHS ioformed us Ihal c1eaoing was considen:d
general mainlenance, and Ihallhey "ould nOI cover il under Ihe lerms of OUI home
warranty conlract.
10, Fourtc:en dayslaler, on January 14, 1997, i"aul Harris Jr. came 10 OUI home and
cleaned our system. The oulside lemperature Ihat day was approximately S degrees
Fahn:nheit. We paid him $1 SO.OO allhal time, The heating system still did not heal
our home aRer the cleaning, Mr, i"aul Harris Jr, delermined thai our healing system
was officially "dead," This was obvious, given lhat the inside of our home was very
cold. One would nol need any specialized knowledge of heating lechnology 10 make
lhis determination, Our home telephone was used to call and inform Amefiean Home
Shield.
11. During Ihe following t"o days, we spoke on Ihe phone with appro~jmatcly len
representatives of American Home Shield, AHS informed us thai when Paul Harris
Company declared the system dead. they would alTer /Cplacement. AHS
representatives laid us we could "cash oul" our poliey if we wanled 10 pursue a
conllaclor other than Paul Harris to do Ihc /Cplacement. On January IS, 1997, Paul
Harris informed us thaI he called in a /Cplacement bid 10 Ameri.:an Home Shield
(MIS),
12, After AHS received Paul Harris' declaration that our system was dead. Ihey
failed 10 alTer /Cplac:ement of our system as they had promised. Ralher, Ihey reversed
their position and laid US they wanled a s",'ond opinion, We wonden:d how they could
lake such an oullageous position, given lhat our home lacked heal for more than six
weeks during Ihe middle of winter wilh lemperatures close 10 zero degrees Fahrenheit.
Why did Ihey fail 10 eilher repoir or replace our system, given lhatlhey were under
conllact 10 do so?
13, MIS lold us they would send somebody from Sccco for the second opinion 10
OUI home lhal same night, January I S, 1997. Nobody from Sccco came 10 our home on
January I S", Instead. a Sccco technician phoned our home at 10:00 p.m. 10 inform us
Ihere was nothing he could do to immediately hclp the siluation. We made an
appoin\mcnl for him to come Ihe nexl day,
14, On January 16, 1997, a Sccco lechnician came to our home. He provided us
with a wriUen report declaring the syslem dead. The specific "cause of death" for our
system was a faulty compressor, A copy of said report is appended hereto as Elblbll B.
The ,fecund uplniun conlractor -<:hoscn by MIS-recommended replacing Ihe entire
system,
I'. Three professional a.sso<:latio/15 gmern standard procedures and practices for
lleatingIVentilation/& Air Conditioning (IIVAC) contracton. These are:
I ThIl HcatinllfYentllation Association
I American Society of Heating Refrigeration ill. Air Conditioning Enginccn
(ASHRAE)
I The Refrigerator Equipment Society
16, None of !he above Professional OI'ganuations condone replacing a lwenly-year-
old ouuide (compn:..'50r) unit without also replacing the inside portion oflhe unit. This
would fall outside lIIe realm of common, reasonable, and ordinary HV AC practice. In
addition, il would void the manufllCturen' warranties to do so, while creating an
insufficient system set.up.
17, We n:ccived a bid from Secco, Inc. to replace our failed heat pump for
14139,00. This bid is appended hereto as Elhibil C.
18, Janual)' 17, 199'1. After more lhan a month-and'a-half in the middle of winter
withoul a functioning healing system, AHS informed us they would poy $109' to
replace our dead hcat pump, When we informed them thai this was nol sufficienlto
replace the syslem, we were told they would investigate and get back 10 us,
19, Between January (] and Jahual)' 17, 1997, we spoke with the following AHS
representatives:
Lois; Ken; Jodi, Dawn; Crystal; Michele; Connie; Carrie; Gina; Ken; Melanie; Tony;
Allen; and Diane -some oflhem more than once, ThIllast person we spoke with was
apparently the second.level supervisor, Georgia Schweiso, on Friday January 17, 1997,
She made il quile clear thai AHS had no intention whalo;oever to provide for either the
repolr or r.:placemenl of our healing system. and stated IIwt "it was late and she wanted
10 go home," As the highest-ranking representative of MIS, she was not concerned
that we were going into our seventh consecutive ....eekend M;/hout heat in our home.
20, We consulted an allorncy to help press our claim against American Home
Shield. because they failed to rcspon~ in good faith to our warranty claim. He fllJled
them a letter daled January 17, 1997, DSking them to act at once,
21. AHS tendered a partial poyment of our claim in the amount ofSlO9', (We
returned the pw1ial payment via certified mail).
22. We filed a complaint with the F\:nnsylvania Allomey Generals Office in hopes
that other people could he prevented from heing cheated by MIS,
23, AHS mailed us a second check for $239.10 dated Mareh 4, 1997,
24. On Mlreh 4, 1997, AHS sent a leller to the Office of Allorney General. This
leller is appended hereto as Elhlbit D, The letter includes an apology that seems to
attribute our ,,"ven M".kt without hentto "parts delay." What parts'! The entire
system?
H, Their leller to the Allorney General (Exhibit D) also goes on to slate that
AHS's cost to replllCC our system is as follows: $'39 for the outside condenser unit;
S4S for the thermostat; $484 for labor; and $239 for the indoor portion of the
bellln2 unit. Thus, they state that they could replace our heat pump for only $133S,
26, Other wrillen material we n:ccived under separate cover from AIlS provides a
chart of whatthcy SIly are their average costs for both repairs and replacements. This is
appended hereto as Exhibit E, It e.'plicitly states that:
I AHS' "average cost to replace a "e..tine Svstem is $3S00,"
. MIS' "average cost to replace an Air Conditioning Condenser Unit is $2000,"
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I
,
"
"
27. NotiC1: the inconsistency in AilS' st~lemenls. This duplicily seems typical of
AHS, Elhlbil F appended herelo is a leller from AHS 10 us asking thai we extend the
lenn of our warranty puSl its expiration, In the lasl puragraph on the firsl puge AHS
states ~C\'en if repairing a covered appliance or system costs us scveralthousands of
dollars, you pay just $50 per repuir." In bold yellow lellers on Ihe bock. it says "Quick.
convenient service" and ~Tolul replacement of any covered item that our professionals
can't fix,"
28, Ellliblt G appended hereto is AHS' brochure promising 10 "respond quickly
and professionally, 24 hours a day, 7 days a week," ~Your satisfaction guar.lOtccd,"
.We're a $4,2 billion dollar compuny with a simple philosophy: When Ihe customer
needs &crvlce, we make sure the customer gets serviC1:."
29, We obIuincd a judgment against AHS on April 14. 1997, from the District
Justice for $3282.40. This judgmenl has now been appealed
30. AHS had ample opportunity to either repuir or replaC1: the system, given lhal
we tried to work with them for half Ihe winter, 1\ is clear that our healing system died.
and that AHS failed to either repuir or rcplaC1: the syslem. AHS has already agreed to
provide fOllhe replaC1:ment of our heat pump in both the original conlract and in lhcir
more rcccnlleller (Exhibil D).
Loss 01 use 01 residence due to failure to respond in good faith.
Per diem. ($28 per person per day tor 14 days)
Loot wages - two days in court for two peoria, considering the frivolous posilions taken by AHS
Subtotal:
TOTAL: $6,516.00
31. The actual cost of installing a new healing system in our house was $9259,
This new system replaced 11"0 heat pumps and 11"0 outside units, and was purchased al
fair market price. (Nole: half of this number = $4629.501,
32, We hereby request the Court 10 enler ajudgmenl in Plaintiffs' favor for $6586,
Fair market bid to replace syslam by contractor selected by AHS (Exhibit C). $4, 139,~ $4,139,00
Court Costs trom District Court 61,00 61.00
Ralmbursement tor unnecessary heater cleaning 150.00 150,00
Subtotal: $4,350.00
(14 nights at $57 per night). $798,00 $798,00
784,00 784,00
654,00 654.00
$2,236,00
VERIFICATION
I hereby certify l/wtthe facts contained in the foregoing Complaint arc true to the
best of my knowledge. information and belief. I underslund that false statements herein nlll)'
be subject to penalties under 18 "'d.CS. 4lJO.l, relaling to unsworn falsification to
~ R-t ~t(dAPp
Dated: May 16, 1997
A. COVERAGE
OUriilg the GO'Y....O. period. AHS wiG arrange for . qualified serw-lce
ccn....ctor to repair or replac. the systems and compon.nfs menlloned u
covered In .CC4(dan~ with the letms and conditions of this conlract so
IonQ .. lhoy;
f".At. IoU.... In ItM oonflnoa o' the main 'ound.don of the home Of
....g~ (with 1M; ..oaption 0' ~ ..,.,601 w". pwnp and air
oondI1IDner.: and
2.1ecome Ino,...tiva cture to no1mal w.., and ,....; and
3.A1. in good wor~ Old., on thti .Hectfv. data of ttu. contract; .nd
".Ar. protwfy ..taM.d lIwoughout the 'elm 0' thla eoolf.at 'or prop'"
This d~g~~i ontv covers singlo familv rosale homes (including
manuflclur4ld housfna) under 4,000 squaro feet\ unless an altornative
dwl7lHng,type (I.e. "'1.000' square feet or more. or multiple units I. Is applied lor
by phOning H1OO-7.J5.466J, 'nd the .ppropnalo feelS paid. Coverage Is or
owned or 'enled residential property. nol commercial property or rosrdence5
~"d as bualne$llJl, Including. bul nol limited la, day car. conters,
alernlty/aoronty houses nurslnQ/care homes.
hll contracl deQcclbu the basic coverago Bnd options available.
at Ihe splclflc coverag. seJeclion on your home. see the reyerse side 0'
Ihls cpotrlet (or conflrmaUon Section 2J. Coyerage includes only the II ems
stated II co",er.d and J.ll,Ch.l;des aU olhers. Coverage I' .ubject to Umitallons
and cor.dillons specm.d In this contract Please rfl'atJ your conUBcl
c:arolully,
B. COVERAGE PERIOD
....... coverage for the IlsUng and sala. p:eriod starts the date the
IppK~tion I. roc~ed and Iccepted by AHS. and canllnues until lhe
ppir.Uon 0' Ih,lnitiat listing period (up to 180 days) or unlil close 01 sale or
11\ln~ cancetlaUon (whichever Is first). If the appOcatlon Is received IlI5 a
telep one IppRcatlon Ihen coverage will start Imrnediately upon Issuance of
. con innallon numb... by AH5.
Buy.'. covllajl' beglni It clos. 0' lale. provided plan feels paId to AHS,
end ContinUII for on. year aher close olllle.
C SERVICE CALLS FOR SERVICE CALL: 1.S00.77S-4883
f. 'y~ or your .gonC<mcludlng l.nlnl) mu.t nollly AH5 lor work 10 b.
armed under this contract .s loon as tho probhtm Is discovered.
S m'N ICC.pt .""Ic. caN. 24 hour. a day, 7 day. a waek at
1-8()()' S-4663, Nollc. of .ny mallunction mu.t ba giv.n 10 AHS prior 10
Iha IlJ<Jl IlIon of thi. contract.
2. An authoriz.d servlcl proresslonal will be contacted by AHS within four
(4) hou.. during nomiAI bu.lnel. hour. .nd forty.elghl (48) hour. on
week.ndl .nd handly., The .e"ic. profe..ionel wilr promplly conlacl
iu to Ichedul.l . mutually convenient appointment duHng norma
slneSl hours. Efforts will be made to expedite service in emergencies.
3. 5 has the 100e righl to select the technician to perform the services.
A S will not reimburse or services performed without Its prior approval.
<t. You win pay. S50.00 lor each lrade service call, or the actual cost.
whlchevel' II lesl. The trade 18fV ce call fee is 'or each visit by each AHs..
_pproved contractor. except as noted n Sectlon C.5, and Is payable to
me AH5-approved contractor It the lime 0' each visit. Failure to PRY 1he
!Jade service callIes will result In $uspenslon of coverage until such time
IIlhe proper fee s paid. At that time, coverage will be reinstated, but the
contract period will nol be extended.
5. If service work performed under this contr~c' should fail, Ihen AHS will
make the necessary repairs without an additional trade serv ce call fae for
a period 0190 day. on parts Ind 30 dlYI on labor,
D, COVERED SYSTEMS AND APPLIANCES
The 'oHowlng lIems are covered for home saUer and home buyer. Certain
Umitations of liability apply 10 covered systems and appliances. (See
Section E'l
1. PLUMBl NG BYSTEM
COVERED: leaks and breaks of waler, drain gas, waste or vent lines,
mCgpt II ca~s.d by fr.ezlng or root.. To,l.t tank., bowl. Ind machani.m.
r IliIced wllh builder's srandard as necessary), tollel wax ring seals .
~8S for shower1lub, and dlverter, angle stops, risers and gate valves.
ermanentlv loslal ad lump pumps. BUilt-in bathtub whirlpool motor and
pumP a,sl!f!!bn.s,
NOT COVEREO: SloPPlg... Collap.. 01 or demsge 10 water. drain, ga.~
wasla or vent Unel caused by roots. Faucets . FiX1.uro~ . Bathtubs ana
showers. Shower enclosures and base pans. Sinks. Toilet lids and seats.
Caulking or grouting. SepUc tanks. Waler softeners. Pressure regulators.
Inadequate or excessive water pressure. Flow restrict ons In fresh water
lines caused by rust. corrosion or chemical deposits . Sewage ejector
P_UrnP..s . HoldlruJ or storage tanks. Saunas or steam rooms.
Nan:: AHS Wilrrrovlde accels to plumbing systems through ljnobstructed
w.UlJI, ceilings 0 noara. only, and will return the acc.s~ open ng to rough
finish condition, W11h r.,p,cllo concr.I"..nca..d plumblng.y.rema. ArtS
wW pay no morelflan $500 per contract lor access, dlagl10sis and repair or
replilcement. AHS a contractor will close the access opening and return to a
rOO~tlnl'h condition. aubjacllo Ih. $5~ Iimillndlcaled,
. TER HEATER IG" Of E1octrlol
~O EP... All compononll andparts, including clrculallng pump.. axcepl:
NO COveRED; Solar .}Yater tieaters . Solar components . Holding or
Ilorage tanks. Noise. Fuel storage tank and energy conservation unit.
Ftuea and vents.
3. ELECTRICAL SYSTEM
COVERED: AU components and par1~, InclUding buUt.ln exhaust fans,
'XCl!Pt:
NOT COVERED: Fixtures. Door bells - Alarms . Intercoms . Central vacuum
Ivstem . Inadequale wiring capacity - Power lallure or surge. Garage door
openers. Direct current tUC.) wIring or components.
KITCHEN APPLIANCES:
4, DlttlJWASHER IBolIl.1n Of Ponoblo'
COVE IE,g; All componenl. Ind parts, except;
NOT ( O.cREO: Rlicks. BI.ketl . Rollers,
&, GARBAGE DISPOSAL
COVERED: All components and parts, Including enUre unit.
8, BUIL~"N MICROWAVE OVEN
COVER 0: All com onenls and p'BrtS. exce t;
NOT C VERED: InFerior lining. . Ooor gla.~. Clock. . Shelve. ' Portable or
counter top unlls . Meat probe assembhes . Rollsseries. .
7. RANGE/OVEN/COOKYOP (G.. or El.ctrk:: BuUt.ln. Port.hI. or Fr..
s,"ndlngb
COVERt: : All components and parts, excepl:
NOT COVEREO: Clock. (onle.. lhID' a"ecllh. funcllon of Ih. oven) . Meat
grabB assemblies . Rotisseries. Racks . Handles . Knobs . Sensl.heat
umefS wiU onlv be r~plao;:ed with standard burners.
8. TflASH COIQIPACTOR IBullt-ln or Portabl.J
COVERED: All componen s and parts excep.t;
NOT COVERED: Lock and key ...emblias . Ramovable buckel.,
ADDmONAL COVERAGE FOR THE HOME BUYER AVAILABLE ONLY
AFTER CLOSE OF SALE:
9. HEATING SYSTEM OR BUILT,IN WALL UNIT IIf Msln SOUlC, 01 H,,'
10 H'!I!!s'
COVERED: All cc.mponenls and p'arts necessary for the opera lion 0' the
''1stem (Including heal pumps which coal or heal the home), except:
NOT COVERED: Baseboard casings - Oil storage tanks - Portable unils .
Solar heating systems. Fireplaces . Filters. Registers. Grills. Clocks -
Timers . Hear lamps. Humldihers . fuel storago tanK' flues and vents
NOTE: AHS will pay no more than S 1 ,500 p'er covered 110m for diagnosis.
accest, and repair or replacement of any hot waler or sleam CIrculating
healing S!Slems. .
10, DOC WORK
CPVERE : Ducts from heating unit to point of attachmenlat reglslers or
~nll~.
OT COVERED: Registers and grills . lnsulallon - Asbestos.lnsulated
Jctwork.
NOTE: AHS will provide access to ductwork through unobstlucled walls.
ceiUngs or ftoQrs, only, and will relum the access openIng to rough finish
condItion. With respect to concrele-encased ductwork, AHS wilr pay no
more than $500 per conlract. for access. diagnos s and repaIr or
replacement. AHS's contractor WIll close the access ope-fling and return to a
rough finish condlUon, lubJectto the $500 limit indicated.
11, AIR CONOITIONING/COOLER
CO~REO: Dueted electric ctntraJ air conditjon~..Q. dueled electric wall air
condlUoning and wlter Ivaporative coolerl . AlJ- componants Ind parts,
excgpl'
NOT COVERED: ,Gas air conditioning systems - Cond,nall culngs .
Registers and gnlls - FIllers - EleclIonlc air c(eaners . Window units .
Nonducted wad units. Water towe', . Humidifiers.
OPTIONAL COVERAGE AVAILASLE ONLY TO HOME BUYER:
NOTE: HOME BUYER may pUTchast any optional covetago for up to 30
days ah.r close of sale. Fiowover, the coverage periOd .haH commenCe
upon racaipl of paymenl by AHS and shall expire one y~ar after Ihe close of
sale, and the Iimila1ions ofliablllty spacified in Section E.l sha.ll apply lor 30
days aller commencement of coycrage.
12. WELL PUMP
COVERED: All componenll and parts of well pump utilized for main
dweUin.q onl'f. excepl;
NOT COVERED: Well casings. Pressuro lank') . Piping or electrical lines
leading to or connecUng prC$5Ure tank and main dwelling - Holding or
!.toraq8 lanks. RednJling of welto;.
13, POO~ AND/OR SPA EQUIPMENT
COVERED: Both p'ool and spa (including exterior hot tub and whirlpool) are
covered if they utilize common equIpment - If they do not utilize common
equlpmenl, then only one or the other Is covered unless an addItional
coverage fee Is paid. Co-.'erage applies 10 all componen:s and part' olthl
hcuhn!J, pumQing and filtration system. except;
NOT CCNEAED: Pool sweep motors. Ughts - Llnors . Concrete- encased
or underground eloctrical. plumbing or gas lines - Cleaning oqulpmtJOI .
Structurar defecls . Solar equlpmenf. Jers . Fuel storage tanl<s . Bu~t.jn or
detachable cleaning eQulpmenl, including pop-up heads, turbo valvea,
creepy crawlers ancfthe like.
14. KITCHEN REFRIGERATOR
COVERED: All components and parts, Including Integral lreezer unit,
exc~l'
NOT COVERED: Racks. Shelv.s . Ice makers Ice crushers, beverage
dispensors a,d their respocllve eqUirmenl . (ntarior thennal shells .
Freeze" which are not an integral part 0 the relrigerator. Food spoilage.
WA6HER/DRYER PACKAGE
16, CLOTHES WASHER
COVERED: All component. and part., exc.pt;
NOT COVERED: Pla.tlc minl.lubs . Soap dl.p.n.... . Filler screans .
Knob. and dial. . Oamlg. to clolhlng,
1S, CLOTHES DRYER
COVERED: All cOI11Ponenl. and pa,t., .xcepl'
NOT COVERED: V.nting. Unl .cr.en. . Knoba end dial. . Camage to
clolhing,
E. LIMITATIONS OF LIABILITY
1. The allowIng are nol covered 'or the home seller or for the firs\ 30 days
aher the close 0' sa e for the home bUY'er: al malfunction or mproper
operation due to lUst or corrosion 01 appOances, heating systems
(Including built.ln wall units or heat pumpl) and or all' condruonlng
systems/coolers or pools/spas: b) collapsed ductwork.
2. AHS Is not responsible far restoration of any wall covenn~s. floor
co-.'eringS1 cabInets. counter lops, Wing. polnl. Or the like. AHS is nOj
respoOfub", for the repair 0' any cosmetic defects or performance 0
rouUne maintenance.
3. Eleclronic. computerized or energy management systems or dBV'lces. or
lighting and appliance managemenl systems are not covered.
4. ArtS Is not liable for consequential or secondary damages. AHS will not
contract to~erform service Involving hazardous or roxlc materials or
BBbeslos. HS Is nol liable for failure to provide timtfy seNlce due \0
condit ons eyond its control InClUding, but not Umited 10. detays In
obtaining parts or equipmenl and/abor d1 flcultles.
5, AHS Is not liable for repair 0 condWona caused by chemical or
sedlmental)' build up, misuse or abuse, failure to clean or maintain as
speCified o.y the equipment manufacturer, missing parts. structural
Changes, fire. freeZing. electrical failure or surge. water demage.
lIqhtenlng. mud. ear1hquake. soil movement, storms, accidents, pet
damage. pest damage, or acts 0' God.
6. AHS has the sole right to deHufTllne whether a covered appliance,
BY"lem or component wlll be repaired or replaced. AHS is responsibl,
lor nslalling replacement e!lulpment 0' similar reaturesl capacity and
efficiency, t)ut not lor matching dimensions, brand, or co or. AHS 1s nol
responsible for upgrades nor for the cost 0' construction. ca~enlIV" or
o'her modjfi~t1ons made necessal)' by existing equipment or installmg
dltterent equipment.
7, AHS Is nol lIabl. for repairs related to adequacy or c;apacilV 01
appliances, components and systems In the home: Improper installation,
ereslgn or pr8'l10us repair of appliances, componenls arId systems; or
problems caused by alterations or modfficatlons of appliances,
cOf1}ponents or systems.
0, AHS is not responsible ror repairs arising 'rom manufacturer's recall of
covered Items or any Items while still under an existing manufacturer's,
dlslrlbutor's or In.home warranty.
9. AHS Is not res.Qonsible for rep'alr or replacement of systems and
appliances classified by the manufacturer as commercial.
10. AHS reseNes the righllo require a second opinion.
F. BUILDING AND ZONING CODE REQUIREMENTS OR
VIOLATIONS
1. AHS Is not responsible 'or any upgrades, work or costs required to
comply with any federal, state or 10CGllaws, regulations or ordinances or
utlilty regulations, or to meet current bUilding or zoning codes
reqUlremenls, or to correct for code vlolaUons.
2, AHS Is nol responsible for !el'\'lce when pemllts cannol be obtained nor
will It pay any costs relating to permits. AHS will nol contract to p'eaonn
service nor pay costs rnvolVing hazardous or toxic matenals or
asbestos, nor wm It pay costs relpled to freon recapture or the disposal
01 relrigerants or contaminants. .
G. LEASE OPTIONS
Coverage on lease oplions Is available tor the lessee only, and benlns upon
paymenl 0' contract fee and receipt 01 appUcatlon by AHS. Coverage
continues for one full year from receipt of application Gild contract fee.
H. MULTIPLE UNITS AND INVESTMENT PROPERTY
1. 1I1his contract Is lor a duplex. IriplexJ, or fourplex dwelling. then everY unit
within such dwelling must be co-.'ereo by an AHS contract with applicable
opll!j'nal coverage for coverago to apply to common systems and
8.pphances.
2. If this contract Is for a unit within a multiple unit or 5 or more. then ontv
Items contained within the confines of each Individual unit are covered.
Common systems and appliances are excluded. Waling co-.'erage Is not
available to seller.
3. Except as otherwise provided in this sectlon, common systems and
appliances are not covered.
I. TRANSFER OF CONTRACT & RENEWALS
1. If your covered prop~rty Is sold during Ihe lerm 01 this conlracl, you must
notify AHS 01 the change In owne,rshlp and must submit the name of the
new owner by phoning l-000-7J~-4663 in order 10 transler covcrage to
Ihe new owner. '
2. This contract may be renewed at the option 0' AHS and where pennllted
by slale law. In that event you will be notIfied of the prevailing ral8 and
terms for renewal.
J, CANCELLATION
This conlract shall be noncancellable, except AHS may cancel for the
following reasons:
A. Nonpaymenl of conlract fees;
B. Fraud or misrepresentalion of facls malerial to the Issuance of lhls
contract: or
C, When conlractls for li511ng coverage and close 0' sale does not occur.
If contract is cancelled. the provider of funds shall be entitled to a pro rata
relund of the paid contract fee for the unexpired te~, Je'l-n admlnlslIJ,llve
fee and any service costs IncurrlJd by AHS. E)(~:";f" p. 2..t 2-
o 1996 AHS Corporallon NPA186
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PROPOSAL
B-311-CZ
SECCO INC.
ILlCT"1CA4. a iii,,,IQ."ATION
1111 PrlmrOH Avenue
CAMP HILL. PA 17011
(117) 737.2142
David and peggy RaUP
8111 Westover Drive
Mechanlcaburg, PA 11055
January 24,1991
Phone:198-2471
r
.t~
r
,
Subject: Heat Pump ReplacemfHIt
6111 We.tover Drive
We are pleased to propose the following labor and materials to replace the existing
TRANE heat pump unit at the above referenced location:
a Remove the existing Interior and exterior heat pump system
a Fum/sh and Insta" one (1) TRANE 12 SEER 2 ton heat pump system
with auxiliary heater.
a Ductwork modifications to accommodate the new Interior air handling
unit
a All necessary electrical, refrigerant and condensate connections to the
new equipment
a Thennostat and control wiring.
a 10 year warranty on a/l TRANE equipment One year warranty on a/l
other equipment and materials.
TOTAL INVESTMENT:
$
4,139,00
If we were to provide. 10 SEER TRANE heat pump with a 5 year warranty In lieu of
the above 12 SEER unit, the TOTAL INVESTMENT will be: $ 3,418.00.
Thanlc you for a/lowlng SECCO, INC. to quote on your heating need..
TERMS: One third down with the order, one third at the .tart of tile worl<, balance
upon completion of the wort<.
Accepted by:
,
t
Chuck Zogby
Date
Note: This al may be
withdrawn by us " not
accepted within 30 days.
White copy
Yellow copy
SECCO, INC.
Customer
SECCO. INC, Is an Equal Opportunity Employer 'f c:
€'x.h:b,
p. 1 df 1
~AMERICAN
I'irlVHOME SHIELD"
JS[1-
AmerlCln Homa Shield
Legal Department
P.O. ao.. 727
Carroll. IA 51401
800.827.4638. Ex!. 2705
"
March 4. 1997
" \
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H. Gus Dom
Attorney Generals Omce
Bureau o( Consumer Protection
HlII1'isburS Resional Omce
HlII1'isburs. P A 17104
RE:
Margarel Raup
Contracl No.:
Your File No,:
0024526S9
A97.0507
Dear Mr, Darn:
American Home Shield ("AHS") has received your leller dated February 6, 1997 and has been forwarded
10 me for review, The follow ins Is AHS's position:
After reviewlns Ms, Raup's claim, I would like to apologize, on behalf of AHS and Paul Harris Company,
Inc" for the delay In service Ms, Raup received, However, AHS cannot be held liable for parts delay,
Please refer 10 Ms, Raup's enclosed contract. Section E, No, 4, which explains the above policy,
However, I am willing to review Ms, Raup's invoice stating the cosl she incurred to have her unil cleaned.
This invoice can be mailed to my attention at the above address,
In addition, Ms, Raup's monetary selllemenl, in the amount of $1,095.40, represents AHS's coslto make
Ihe necessary replacements and is detennined as follows: $539,54, for the outside unit; pius, $45,54 for the
thennostat; plus. $484,00 for labor, However, after reviewing this claim, I have forwarded a c~,eck to Ms,
Raup. In the amount of$239,1 0, representing MIS coslto also replace the indoor ponion of the heating
unit, Please note, it was Ms, Roup's decision to lake the monetary settlemenl and nOI allow AHS 10 make
the replacements, which AHS could have made for the above costs,
Thank you for your understanding in this malter, If you have any funher questions or assistance Is needed,
please feel fTee to contacl me at 1-800.827-4636 extension 2164,
Sincerely,
AMERICAN HOME SHIELD CORPORATION
~Ct~fp
Erinn Reisz
Legal Specialist
Encl,
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Healing System
Centrel Air Conditioning Condenser Unit
Electrical System Main Service Panel
Range/Oven
Dishwasher
Water Healer
Don '/It/svt/
your houst/hold
snd your budl1t/t
slrlsk.
RBturn your
Involct/ nowl
,
!llM
~
~AMERICAN
.nnv HOMESHELD'
'laid on Amtfan Hotnt Shft:I', ..,.,.. costs IlIt repair PI ~ PIo" ft~ yOoIf tonttXllOI ",tohc tQ'ttUl}tI, utlusiont Itld limlt.ltlOllt
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Home repairs have a way at sneaking up on
you when you least expect it-or when ~'ou
can least afford it. You may have to come up
wi1h hundreds or even thousands at dollars
to have vital home systems or appliances
repaired or replaced, With a home warranty
from American Home Shield, you're always
covered, all day and all night, every day at
the year, when you're al home, at wori< or on
vacallon, So you won't have to worry about
expensive repair bills on covered systems
and appliances,
Return YO'Jr I: I'i;: ". t .:11','. f.:,;
coverago s':::u;; ~:1r': ~.lfr':'''I,
~
~ AMERICAN
I"'1T'IV HOME SHIELD'
Ext"b:t E f. 2.~'Z.
~ AMERiCAN
.rITIV HOME SHIELD'
Don't ris~{ a gap in coverage on your
horne's most cosily and complex systems.
David , Marqaret Raup
6111 Westover Dr.
Mechanicsburq PA 17055
Rscelve continuous protection -
wllhoutlnterrupllon - by returning
your Home Warranty Invoice now,
I
~
For the entire time you've owned your home warranty from American Home Shield,
you've known just who to call for top-quality repairs to the oovered produots
and systems in your home,
D.ar Raup Family.
Better yet, you have already savsd .1693,80 over what you miqht have paid
some unfamiliar repair shop for the 2 visits we made to your home this
year.
,
,
,
But your valuable home warranty is due for renewal now, And we'd hate for you
to forqet to mail in your renewal Invoice - and then need additional hiqh'cost
repairs after your coveraqe expires.
That's why we are writinq aqain to encouraqe you to act now.
To renew your home warranty with American Home Shield, simply detach and
fill out the brief Invoice below. Then please mail it back to us today,
By extendinq
entire year,
all of these
your coveraqe now, you can lock in our current low rates for an
Plus, you can feel qood knowinq that you will continue to receive
important bensfits, without interruption.
l:.:.~i'')IIL-lJ~llLL.,.u..:.l.''':''~_~.iI\~~'~::.!...!..::L.'':':''~J.'....lil.:-J.'..UJ...:.L..
~
Your protection from American Home Shield covers some of the most intricate and
expensive it~ms in your home, But even if repairinq a covered appliance or ~
systsm costs us several thousands of dollars, you pay just .50 per repair.
(Please read your contract for specific coveraqes, exclusions and limitations,)
And th~t can help you sleep better at niqhtl
(over, please)
Mellthe Invoice below to renew your current home warranty
coverage on all of these complex and costly items:
To add coverage on any of these items, or to
renew by phone. please call 1.800-345-9798.
nUllbiD;
Di.~"..ber
a&Dve/OVan/Cooktop
A.t.. CoditiOlliD;
...tar B..tar
Garbag. Dhpo..l
'r..b ColIPaatol'
Duotwork
81aatrioal Iy.t..
.iarowav.
a..ting
Refrigl..ator
..a.har ADel J)~I'
W.l1 'ImP
'001
ap.
'ool/Ipa eo. .quip
-------------------------------------------------------------
.1.... Dot.. p.at ooutrol i. DO
1011;or port d y.., aaatuat aaveu;~LEASE DETACH AND RETURN PORTION BELOW
~ AMERiCAN
.r;'I"IV tJQMgm:J!llQ'
HOME WARRANTY INVOICE
Total Amount Duo: $ 3 7 5 . 00
FOR: David & Marqaret Raup
6111 Westover Dr.
Mechanicsburq PA 17055
Follow lhasa SlOps 10 ranew your home warranty.
Slop 1; Soloel payment option
below.
Slop 2: PloQSO indicate your
paymonl method.
CONCERNING PROPERTY AT:
6111 Westover Dr.
Mechanicsburq PA 17055
U Full paymenl cnclosed:
$375,00
u Chock or money order payable
10 Amorlcan Homo Shlald,
Rsnewsl Term:
002452689
05/10/97 . 05/10/98
U 1/3 enclosed,
wllh 1/3 duo in 30 days,
1/3 duo in 60 days:
NO INTEREST:
U25.00
U VISA U Discover
U MdslorCard U American Expross
c.ntNlJlT\bI;r
Contract Numbor:
CatoElplr.lIOOO;il.
Mall today in the envelops provldsd, to:
AHS, PO BOX 2603, MEMPHIS TN 36101.2803,
E)(~;~;t P'-':1:~.f2.
(~ll i d:. ('''''n\'''ni.~_n..t''''':'1l:YJ..!:Lh~.i.th-.-:.w.'.:'_':.Q,ll '.f. r['.:~_.r~h0...nf? c.a 1 \ .
When you own a home warranty, you can handle even the messiest repair job
without dirtyinq your hands. All you do is pick up the phone and dial.
Any day or niqht of the year, you'll reach a trained representative who can
schedule service for you riqht away. A licsnsed service professional will then
solve your repair problem just as quickly as a Qood job allows.
1:0 t.!ll...J.'.cr!1..J.!:~m!.~--9..UDY-'.:~.9Y~~J,:..:ct_Lt~'l'L!:.h'-11', ~.ll tIt' 1',n f!.l '_,1 !~"i-'.,lnt\ 1.'L~n~.t._..f.J..x .
That'e riqht. If we can't repair it, we'll replace it - with the identical
model or a comparable appliance with similar features. Or, we will offer you
cash back for the amount We estimate this will cost. So you won't have to
suddenly come up with hundreds or thousands of dollars to replace your furnace,
ranqe, or some other covered item.
N. "~,' ... 1"I_1Ill' :..b....x.,J_nd..x.:l'J .1'~"i1\.'_11 t _lIIJlIl'I':'.!.'i _..1; I' 1..'''.j''lllr:Qnj::n!'~~.
We believe our customers deserve the very best. That's why we USe only new
replacement parts and appliances from major manufacturers, What's more, we
offer you the opportunity to obtain additional name brand appliances at special
low prices made possible by our tremendous purchasinq power.
l~l~J:,::". ._j..._chn.iJ'_I~l~._! IJ __P~,l' ;J.' \v,: l,~'.~: .1 f'_.l~<~.
Safequardinq your home and your peace of mind coste only pennies a day with
American Home Shield. And to make it eVen simpler, we offer 3 payment options,
You may enclose a check or money order for 1/3 down, with 1/3 due
in 30 daye and 1/3 due in 60 days. (Thers's no finance charqel)
Or, you may apply the total amount to your VISA, MasterCard, Discover
or American Express account.
Or, simply pay in full riqht now by check or money order.
Whatever you decide, please don't delay.
warranty today. And keep the top'quality
people you know and trust.
Renew your American Home Shield home
protection that you enjoy now, from
Detach and return your completed Invoice today. And rest assured that, AS
always, we'll be there for you when you need usl
Sincerely,
-,,// .'.!-
I..:::-<--w:!-/"/C-
~-C-4'~~;:2.
~
Rick Aecolese
Executive Vice President
P,S. Accordinq to a recent national survey, moet families spend from 1\ to 3\
of the price of their home on annual repairs and replacements - which
would mean $1,000 to $3,000 per year on a $100,000 house: Don't be one of
theml Renew your home warranty today.
Copofr'llN 1996.Amtrlcan Home 5hioId Corporation. Ul C'ldomla. Amtncan Home Shield Corporation at Ca/llomia. IN;. In FIorida.Amtritan Home ShIoIdCO/polallonat AorIda, Inc.
In f.14I, Amencan Homt SIMId Corpor.llon of f..... Inc,
-----------------------------------------------------------.
Renewin9 ]fOLIII'
money.sa\ling covel'age
is as CiJS1f as A.O.C.
An
Undor Slop 1 on tho other side of this form,
simply Indicato whother you wish to pay In full
now, or take advanlage of our Interest.free
Installment plan,
~ Under Slep 2, solocttho paymonl method
1Q) . you prefor,
C Thsn mail your Invoice with payment In the
' . postags.paid envslops provided, Or just call
us all.800.345.9798, II's that easy,
So maillllis cOll/plalad II/voico -today!
.
@r;;~~.:;;ve $35 lor each friend yeu ~
:;11' refer to American Home Shield.
Ii For each person you rscommend who becomes an American ~oms
Shield home warranly owner, we'll ssnd you a cenilicate for $35 on your ns,t
ssrvics callies,' II'S our way of thanking you for your suppM,
II
fnorxflN4me
Addles.
CIty Stale lip Code
LI
Olyllml Te1fptlor\l UUlT'bef
City Sill' lip Code
b I
I~TeltFhJnlNurOOlI'
FtiIncf.NItT\I
AddrIU
. . To INkI aOilloolJ tOl.rrall,
~\ ~ AMERICAN ~....""1.aoo-:WH79a @
(1~$,~3fi5 ,) I),)) rinV, HOME,SHIELD' ~:;:"'".:~.:::~~:,=il.., $35
{'~.../ f......,-7.~~~1;L:rtn;Krr:'z.;ri. .."
~,I"II.IHIl.
I D
I
It's casy to makc sure the home you're
sclling or buying is a smart buy. Simply
add an American Home Shield home
warranty and protect against costly
repair expense for one full year after
tile sale.
The experience of buying or selling a
home is full of rewards - and anxiety. After
all, you're making a big decision about a
major investment and more importantly, it's
your home. That's why American Home Shjeld offers not only
a home warranty plan, but also an entire network of easy-to-
use, reliablc services that can make any home a smarter buy, ,
Say Hello To A
Worry-Free Home"'.
With so many of the home's vital systems hidden from view,
it's easy to take them for granted - ulllil something goes wrong,
The furnace shuts down on the coldest day of the year..,or the
water heater springs a leak in the middle of the night..,or tile
dishwasher refuscs to start as you're cleaning up after a dinncr
party for ten,
With an American Home Shield home warranty, you can
relax, We will repair or rcplace co\'ercd items for a full ycar,
Sell or Buy With Confidence.
An American Homc Shield home warranty bencfits both seil-
er and buycr, For scllers, it gives a valuable edge over other
houses on the market, and it offers potential liability protection
after the sale, Put yourself in the buyer's shoes; if you were
deciding bctwcen two similar houscs, wouldn't the one with
a home warranty be more attractive?
For buyers, the home warranty eliminates worry about
uncxpccted rcpair costs and adds confidence in the purchase.
The One'
American P
HOlTIe\X
You'llfeellllOre comfortable I
Americall Home S'II
~
In Clllirl'IIlJ., American Huml: ~
In Ariwna, Amnkan Ilume Sip
G:,c;h;b:+ G f.2. cJ C
~ With The
~ome Shield
Varranty.
~
-
! purchasing a home with the
'u'cld home warranty.
~ AMERICAN
) HOME SHIELD<l>
. Shirl.! o(Cllli(l)rn!;a, In~.
hid.! u( Arizuna, Inc.
Our Neighborhood
IsThe Nation,
Amcrican Homc Shicld homc warrantics arc prcfcrrcd two
to onc nationwidc, and our customcrs rcncw again and again,
Hcrc's why:
. Wc rcspond quickly and profcssionally, 24 hours a day,
7 days a wcck. Whcncvcr >'ou call, wc'lI immcdiatcly
dispatch your rcpair or rcqucst to a carefully sclccted
scrvice contractor.
. Your satisfaction is guaranteed,
. We're part of ServiceMaster, a 84,2 billion international
company with a simplc philosophy: Whcn the customcr
nccds scrvicc, wc make sure thc customer gets service.
More Home Services
To Help You.
Amcrican Homc Shicld is thc only homc warranty company
that makcs you II prcfcrrcd customcr in our hclpful, timc-
saving QUlllity Scrvicc Network - thc largcst family of home
scrvicc com panics in thc world,
Dial onc number and you'rc in touch with thc Icaders
of thc homc service industry - ScrviceMastcr, Terminix,
Mcrry J\'\aids, TruGrccn-ChcmLawn, and of coursc,
Amcrican Homc Shicld, We can kcep your homc in top
shapc by doing the things you'rc too busy to do,
It's As Easy As Calling
1-800-SEL-HOME,
Phone us toll-frcc and wc'lI arrange for your Amcrican
Homc Shield home warranty. Thc number again is
1-800-735-4663. We'rc looking forward to scrving you,
.
rll~;~;t G po 3~F'
alIlU'1 t.lIltIlI.Uoa (wblehm' II ftn'l, Ilth..ppll,,'lon 11....1"" '"~ 1.lophoOl .pplluU"', th.n
""en&' wtll.tJrt Immedi."ly upo' II.""" 01. r.onl\nnl'loa 'UJ1\ber hy ^\IS,
B'JU:' [Il'/en,\t ""Ioe .1 ,hi dost ullll., p""lded plID I" II paid 10 MIS,..d cooUnu" lor ",.)W
.ftertlOttolllle,
A. COVERAGE
0urillI tht [Il'/en&' poriod, MIS wtll """II' lur. qlll1lftcd s.Mco Coolndor 10 ~polt a ~pl", ,h.
11'110\1 tnd compol)lllll "",uOII<I" [Il'/;"d 10 _d"", with 'h.,,,,,,,..d coodlUOI\I of thll
eo,1nd "' 1"'1" th'f-
t, Aft l<alOllla tht ",,1Iato 01 tht tube """,.\loII oItht homo a ""1' (wtth tht .."ptIDll 01
tht u\Ilior..n pUlllp ud t1r"""'IU-hud
L_I.op."tindUlI.oonW w.II..d \Ur, ud
I, Aft Ia pi... ud Ia pwI worI.ID&Dldll" tht .<<odIn d'l. 01 thIt ""tr.d.
Tbl'tllDlnd DIlly [Il'ItI1.lnd.Woily....l. h",..lincludilllllWluIotIWtd hOUlI,d under 4 001
Ill"" leot, unIl11.. .,....U" dw.1l1n& IJ1lO (I., ',00I1lj"" leeI a mOIl, or m~npl. unill\ i.
.pplled ra by phoIlI'l \-800-11H661,..d \h. .ppropri.,.I" II paid. eo..,,1' II for owocd 01 Jtllled
AiidaIltHii pn>ponl' DOl ClIllIllI'Id. propertJ,
1\ls tDDll1d detcribellhe basic oo\1R&' and opUlW .....\labl.. For th.lpeclfic co,'erage l61oction on
yoor homo, \II tht """, .hlt or thll CllIIInd [or Coo!lnn,UDll, Sec\lDllll, eo_.I,dud.. only tho
11....laled" cDvmd..d udud...1 OIhcn, eo,,,,,. II IUbjocllo IImlllUOM..d condlUooe
,podBed 10 tbl. 0lI1tnd. PI.- IUd "'" ""trod Wtfull"
c. SERVICE CALLS
FOR SERVICE CALL:
1_000.776-4663
1. Ynu OI)Our egt"(lncludl,,"JW\'1 mUll ,u,lly MIS l"w,,1 10btporiOl1Oed undo tbl.conlnd"
1000 II tho p.wl.m II dl..,md. ^llSwlllllUpl ""i<l"II.I. hOUII.d.y, 7 dlr..""I,"-800-
77G-4f>6I, N,'" ,1"1 melfuodloD mUll ho p.... " AIlS prior 10 tht ..pir.tiDll. thIt tllDtred.
Z. MlSwlll dll!':'khJ"'" "II IO..,M<I ,ochoId.. wltbl,. hoon durlnl.onntIbusl.OII boonl.B
boon on w..loo<ll.. hollda)1\, MIS wlll d.,ennlOI whll ~pa1n constitul." .m""""..d wlll
nWo "",,,bl. .lIortIl' "pidi'. 'tlIOlIl'llCf "m",
3. ^\IS hu th.lOl. riihl 10 ..led the lochoIelAll 10 pennnn the ""'""', AIlS wUl DOl re\mbuIM '"
"""" paIonDed wl""" III prior .ppro,d,
4. Ynu wlll pay 111.00 for "'" trtdt ..nico call.or ,h. od..Jcoel, wbleb"er III.... Tht Indo ..m"
"III.. II ,or Oa<h \'1,1, by..eb ^11S.pplO\'od r.onlndOlI""pl U noted 10 Sec\lon C.ll..d b pa,tbl.
"th. ^1I~IPpro,od co,IndOl" the tim..f "'" \'I.IL fell", '0 pay th.lnd."m<> celIleo wlll
",~I I. '011"01100 ,I CO,mg' until.uch tim." tho ~rop<f I.. II paid, ^' thllllm. - will bt
nloe"'od. bil' the co.1ntI I"riol wlll nol bt "".dol,
5. II ",,1<1 wa,k i"rlorol!d under thb co.1nd .hould fall, th., AIlS will malt th"OCOIIIlY npalrl
withnul" tddlUIllid tr,d. ..",I" aU '" for. period .1110 d.1' no pull ud 10 d.1' nolali>r,
B. COVERAGE PERIOD
s.U.... [Il'/OlIIl' l<r tht II.Un,,,d iii. poJiod etu\I tht date th.,ppllaUon 1.....I'ed..d "",p'ed by
AIIS,..d QIIlUnUII until th. "1'lntiDll oltht 101t1tl liltilll poriod {uP 10 180 <11),1 or until d"" 01 W,
D. COVERED SYSTEMS
AND APPLIANCES
NOT roVDl!ll: fill'"'" door hell.- .11I1I\.-I"""m.' a.tral
vacuum 1)'lems-IIIl~flllUlI' wirinl ullWty.. {,lOwu WluRI Of IUfitl
_ &U'B' door openen.. dlnct tumDt {b,C.1 wirln& 0( components.
KlTCIIEN APPLIANCES:
\f1J 5. DISHWASHER
e (BuUt-ln or Porloblo)
COVERED:
. All UllD{UIroll wi puU; ucrpl:
lilT W\1lUllRadJ_buUU-IIIIltn.
Tht 1oI1owinll.... '" [Il'/..oo for homo ..lIer..d ho... Iu)u,
ColU\Il IIlIllllliool ollilblll'y .pply In[ll'/md 'JI,......d
.ppl\lRClllISeoSec\lDllEJ.
( It" \ 1. PLUMBING SYSTEM
COVERED:
. \akI tnd brtW.I w.ler, drtl",,,,...... or ...llin.., I1Up\ a
"nted by (naIo1 or......
. Toi\al wW.bowll..d JQOCbtnlsmIlnpiaad with builder'.
eW1dud"~' TollII wurlllliodt
. V.",bebower, tnddi""",tr(\t~opl,r\ler1tndpll'.''''
._Uy\olllll'UJ1\PPUJ1\pt.
. Bull,.1o bath'ub whirlpool molor..d pUJ1\p """bll..,
NOT roVDl!ll: Slopl"l'" coll.pI' olor dima&' I' w,ler, drtl"
lit west. or "" lin" "used bl "",-Ilx''''''' bath'uhl..d
""",en _ .h.wer .ocI..\lIII" but paIlI' .ioIt . ,.1111 11<11 ..d
MI1J -cauliin& Of pUns _Ilpllt wiis.. waler IOftenen" pmsure
n(\I\&~llI1-lnIdtqUlI' or v.te$I!VI Wiler pfe$Surt.. Dow mbidlons
in-rr.t Willi lines au&ed by rust. corrosion or [bcmltll deposits..
_e\edlI pumpl-lddiriior etoraIl' tanb .......or ~"'" IOOll\I.
lCD \2. WELL PUMP
COVERED:
. ^u CODlpan..II..d paN of w.1I pUJ1\p u,illzed lor main dw.m'l
ooIy,'xt.pI:
NOT roVElllllo Well CI.I,i" p""'" ,,,,I>. plpl', or .lr<1rIcaI
lines leaditlllO Of connKting ~UJt tank and main d\\'elllng..
holdin,a.10l1ll'tanl>.Jtdrlill'IOlw.III,
\ "P;~ 8. GARBAGE DISPOSAL
1.1' COVERED:
. All componenlJ an~ parts. Including entire uniL
\L~ 7. BUlLT-IN MICROWAVE OVEN
_ COVEIUlD:
. AU componenlJ and paN. mept.
NOT roVDl!ll: 1".riorll,I.i' - door d... -c1ocl> -.h.I,,,-
portible or counter-top unllJ - meat prOOe auemblies - rotlueries.
~ B, RANGE/OVEN/COOKTOP
L\;,:! (GDS or EleclrlC; Bulll.ln,
. porloble or Free Slandlng)
COVERED:
. AllcomponenlJand parts,eltepl:
NOT roVEREllo Oocls lunlOll th.y ,lIod the funetion or ,b. "'''1-
meat probe usemblles - rotisseries - radJ - bandIes -\.nebs - ~llSl.
II.., tiurncn wlll ooly bt nplated with .tandtnl burn"'"
[10'1-19. TRASII COMPACTOR
U (Buill-In or porloble)
COVERED:
. All OlmponenlJand p.v1s,extepl;
NOT roVEl1ID.l.ocl..d I.y ....mbll.. - nmo\'lbl. bucl.cll,
C[l3. WATER HEATER
,\4, ~OVERi~Clrlcl
. All compooenlJ and parts. Including circuliUng pumps. elCepl;
NOT OOvEJUD: Solv Wlter hyte" - MIlar tOtnpolltnlJ - holding or
_tanls......
1Tflr.o,',--\ 4. ELECTRICAL SYSTEM
UI!JI~ COVEIUlD:
. All componft\lJ and puts, Including buill.ln eWUSI fms. tltepl:
ADDn10NAL COVERAGE FOR TIlE
HOME BUYER AVAILABLE ONLY
AFTER CLOSE Qt- SALE:
\ ~ 10,l1EATING SYSTEM OR
r:I BUILT-IN WALL UNIT (If Moln
_ Source ofHoollo 1I0mol
COVERED:
. ^II comP"!"" and part1 n,""llylor the .~"tion of th"JI""
lI,d,dl"b..1 purnpswblchOlOlorh<o' thib01l1lI,~:
NOT roVl1Wl; oa..hOIld "'lllJI' oil.,Ol1Il' tanIs - I.
unlll -10111 h..,I,,'\1""" fiJipl... - nll.D - "'" "" - pill,-
docl>.lim"".h..IIamP..hUJ1\,din...,
\ aOJ 11, DUCTWORK
;-,0 COVERED:
. OuctIlrom h..'inl unilt. pol'l ,I,tttchmoo' " mI.t... Ol!filil.
NOT roVDl!ll: R!i\"cn Of grill._loeuJation' ubts1...\oIulitod
ductwOli.
OPTIONAL COVERAGE - AVAILABLE
ONLY TO IIOME BUYER:
Non:: 1I0MEBUYIll"" ~..,oplinotI_."'uP 10
IOd.poftertlorlol....I_,tht_nerirlebaIl
_.l"'!rtalploIpa,-lbylJlSudalWl"l'Jn....J1II
tlltrtLod...oIw~iod\he1JmilatlonlolUahU\ly'l""'!"1o
Sedioo E.I ehaII.p~,"'lO dap tlltrlll"'-""ioI oi_
I [1.\12. AIR CONDrnONlNG/COOLER
COVERED:
.lludod.lorlrl'CII1tralailco.diUonl.~d,,'cd.lorlrl'wdltlr
IXlDdltlonlng aDd wiler e'iaponth' toolen.
. AU componenlJ and parts, e1Cf:pt;
NOT rovEREIJ: Gu ail r.onditiDIII.,.)."... - cood_ ",inll-
rr&isten and gry\ls _ fi\len- electronlc air cleanen- window unlll-
non-ducted will units - waler to"'en - bumlMfien.
~1113. POOL AND/OR
\..) SPA EQUIPMENT
COVERED:
. Both P'!'!1"d.pa \lndodln, !l'orIor hili lub and wblJlpooll '"
[Il'/eiec\Uth.yutillu_"lulp"OOL
. If theY@..nQlutiuucommonequipment.thenoolye;l'OI'th.
olherllto\'eredunlessanadditiorialoovensefee[st)lid,
. Covmgelpplies 10 allcomponenls and p&rtJoftht~lIIting.
purnpin&~ filUltion 1~'Slems; ur:ept.
NOT (DVEREU: Puolsweep moton - UKbls - Unen - conaelfo
.11ClIed or und.""und ,ll<trlw, plunibln& or I" U,.. - doanilll
etuipment -Iuuctural defects - sobr fqulpmen\ -)ell.
E)(~:l:t G r c;.fC
rcr 14. KITCHEN REFRIGERATOR
lJ.,JJ COVERED:
. .lllOIll_tnd,"""includioalo\llP1l_\llli~aapl;
5VE1Wl; ~-1h.1,0I-1ct 1IIIlin, Ictawbtn,
,dh_tndlholr'OII"dh'lIjIIipcll!lll-lollricr
eIIIIIi-Iwmtw!lldlnlMllD i4lIp potolilll
~-bldlJXllloRo
WASIIERlDRYER PACKAGE:
rEfl15. CLOTIlES WASHER
lLLJ COVERED:
. <III OlIIIJXIC,enllIDd pW:OlU~,
NOT WVERID !'WII, minl.lubs c..p dill"""" - 11101
...... -Ioobs end di~.- cIJmlp 10 dolhln~
E. LIMITATIONS OF LIABILITY
1,1boilllowinalllDOl....nd billl homo "u... billl ftnIlOib)'ufterillld...nfl&l. btht
bomo buY'!' .lliWfundloo..lmprop<ropenlJoo dUllo ""I" OlI1lIIion oI.pplWus, bcotin"}~,,,
(incllI1Ilria hulIl.1o wtIJ unlll or h,,1 pumpsl tndI.. tlr conditiooln& .)"1"""0001.. or poob/'jlil;
hi ""~pNd duc'woR.
2, AIlS II DOl "'I'!"libl. b orovidinJ lIttIIllo or dotlllf""'" !oolto)'lO"nd 11m whkb II
0lIlD1IHlllJs0l.. orheno1so Inmuiblt, papi;
(.) With "'pod 10 mornt.-..lOJl'nd oomponenll wlthlo th..)"."n. delaibod In 5<tUon D.I
(PlIllllhlJl!lAHSwIJI pa)' oo.....tbto SlOOduring thoperlodolStller'llDd O,}1I'.....enge b
"""', dlipitll tnd ieptII.. Itpbameal
Ib) With~ 1001l"".-..l ""nd OllllJl!lllenll wlthtnth.I)'tI'DlI delaibod InSocUon
b,l1 ~\IAlIS wlJlpI)' 00..... tbtollOOdurin&illIperlod ofO'}1lf" <0\""8' b """",
iIUpIIIl tnd reptlt or ~plP"""l
3, ~ th'l"riod 0I0'yer'........., AIlS wlU pi)' 00..... tbto 11,\00 porO>l'!l1ld lI.m fur ","",
cIiJ&noW, tnd ~paIr or ""lam,,1 or 10)' bot waler ...1_ dmibtlng h"lIng .)'~.DlI,
4. Al timet II II """""J 10 OJll!l walls. CliIUw,,, nOOllIo mW ~paln. A1lS'llllnl/1Clor will doso
tht 0lIIIlInI. IOd rtIullllo. roUjh Inlsh ",adllloo.lUb!o:t 10 tho IIlOllIWy Umlll ooUloollo 5<<Uoo ~I
IOd tl thciYo. AIlS II DOl "'polllibl. ix ",lmlJoo or IOY w~I.....n..., noor ",.eri..., ubl,,",
OJWllI!lops,Il)io&.t>t!nt...IIlaUlt.AllSllool",poosl~.furthotepOJIollO)'"",",licderocts..
perbulIli;IoIrootlnellllilllllW1<O.
5,n_orcompuleriud..OV _menlor li&htln,lOd .ppll"'" _menll)11.",.. nor
........t
D.AHSllooln.bl.b_"",liIIor"",oib1y~AllSwlJlnorlXlllI/1C\IOoerlonn""icII
Iorolvin& b.wnlout or IoIlc IDIlerI~... tsheslOl. AIlS II DOIII.bl. b r.i11ll1l1o 1'"'i3.1Im.1)'...ice
dill loolndlUOOI bt)UId III""'troI lacl,dJnj.h,1 not IlmIloI 10, d..)" loooWJilngpartJ orequlpmenl
tndWxrdilllculUOI.
7. AlL\ II no! \Uhl. b reptlt of condJlIoru "wod h)' chtmlal or udJlllIIlWy hulId up, m1s\lll or
ohulo, ft!11II1l1o d... Ilf m.Inr.ln lI.pednol h)' th. "lulpmml manultdlll1lr, mWIl11 ptr\I, Ilroclunl
dlongoo, ftJI. &.tz!ng. .lldriaI r.i11ll1l"'UlJ', wattr......, 1I.ohlolng, m,d, otrthqiiili, ",U
_ ~1lfIIlI, tiddtnll. pel d.mlct, pes! d.mlct,.. "" orGod.
D. AIlS hat tho ",I. ri&hllo delermloo whttb.. ""nd .ppJilOa, ')1ttm Ilf oompol!enl wlU bt
m>tInd.. ~plaad. PIriI end ~pl""""," will bt of Ilmiili.. equl'~enl qialil)' IIld .md.l1C)' 10
thoIt hdn.l rejllaad. oubjrd 10 llinillUOOImlollo tIW lXlll_ Wbm "plialllllll equlpmenl 0'
Idlllllal dlmilulOOl II 00I...m, n1n.hI., AIlS II "'pcw~l. for prov1<1ing 1001lIIIUoo olllle ljU'IlIy
equ!pmrnlbul 00<< bthea>>torcorutnJcllonDl~nln'mld. neassaryby diffmnl dJmelUlons.
AlISII001 "'pcwibl. ixupSnd'''lDItdtJna",lcrorlnnd
0, AHS II 001 \Uhl. b ItIl'In ,,"10110 tdojllo1C)' Ilf apodl)' oI.pplilOcel, lXlllll"O.nllllld 1)11...10
th hmr.lmproJ!eflnsl11f1Uon. design or pn\iout repW 01 applianm. CXXllJXIDtIll3 and J)1lenu; or
problems auHdby a!lenUon.I IX' mOOlfica\lons of IPPUw:as, romponenlJ or s)1ltms.
10.AllS"",,,.illIri&htlolO]lllr1'l<ClJlIdoplnloo.
L'0116, CLOTIIES DRYER
.."LJ COVERED:
'AlIOIll~"tndptl\l:""PI.
NUl W , VIOUna -1In1...... - Wbs tnd diW-
cIJmlp 10 , loa.
F. BUILDING AND ZONING CODE
REQUIREMENTS OR VIOLATIONS
1,AIISwill norlXllll/1C\ bouv!cello_C\ll1InlhuJldio&orlOllln.lcodt"'luimllenllllfloomd
for '00. viollU..., nllf will U 0lll1/1C\ b lOIYiceI"h" prilll anod bt ohWieoI.
2,AIIS II nor IIlJMlOlihl. for uPlfld.or tddlllo,,1 """llf.._thtl IDIJbt"'lullld 10_
cUl1l!nl buJldlnl DI ron1na code requltemeoll or c.orrecl b c~. riolaUons. 1TW Indudn dly. mullly.
11.1., 100.nllO' uUIII)' ""~tJonj IOd upSnd.. "'I'1JoI h)' ~..
G. LEASE OPTIONS
r..~oo.... notIoot 1I...u.lU ix illI_ 001" tndhqpnl U""JII)_oI<l111lrKllettnd noi~
of.pp_hyAfl5.CoI_conlinUOl ix...fuJI )'OIIinniocri~ohppliallonlllJ<lIIIlrKl'"
H. MULTIPLE UNITS AND
INVESTMENT PROPERTY
1.lItIW lXllll/1C\ II for. d'plll,lripl" or ~III d..llln). then."!)' unll within ouch dwaUilll
_be ",,,,,.j b)' to AIlS OlllI/1CI wlUo .ppllcihl. optlooof """". iir """'" 10 .ppl, 1o<lll1Ullllll
.ystems and appliances.
2. IItbJl ",nl/1C\ II for. unll wlthtn .muJU~. unJloIlllf DlOlI, thenonl)' lI"'lXlllI~ned wlthtn th.
connn.. nl erllodlYldial unlllII ""ered.lil_o .)"_lIld .pplluictt.. tItIuded Ustlng
coverage isnol mllibl. 10 sellu,
3. E.r.plll otherwilt pro.idolln Ihil'KUon, common 1)11'lOIlOd .ppl""" III nor Ol,ered.
I. TRANSFER OF CONTRAcr
& RENEWALS
1.11 )'O"",,,1Id pro""J II IDid durin& th.l.rm 01 thIJ lXlll_)OO mOIl noti~ AIlS ollila dw1p
In ownership and mu.t1lu6m11 thllWIle of the new owner by pboo.tng t.aoo-7J5-4663 In oed. to
Innsfer covens' to the Dew owner.
2. Thil ",nl/1C\ IDI)' bt "nom.1 th. opU.. 01 AIlS tnd .hen pennlnol h)' .w. IIw,lo thol ",,1
)"" will be "unol 0' th. pmlilln, nl. IOd lerms fur "newal.
,. CANCELLATION
Thll "'nlOO Ih~1 be n....."llIbl., ""pi I"
A. Non~)lDenl of contJlCl rm:
D, fraud or mimpresrnlJUll11 of fJcts DlllerW 10 the UsUIDCI o'lhU contract; Of
C. Wben conlnd II for IIIUIII "'''''I' IOd d... 011&1. cion oor """'.
11 conl/1C\ II "",.1101. th. homooWII" .htIl be ..U~1d 10. pro ~II nfund of th. paid 0l01/1C\ '" IIlf
the unuplrrd lerm.1m any Knice and .dmInlstratln cnsU iocumd by AIlS.
IlIIondo nOdtob ooIr,
lbJJOIllrKlII",-.midhytht~ofllla'CnIlll1do
r.ooo-Prote<tioo Ad".. IIla "Unflir_Ad." Mid..,
tndlolTI~.5CJlS,lOd homOOWllelIDl,hon.ri&h1 oldYlI
IdIoo under ouch IIW1, indwlin& ohWnJrig th'l\!OlW'lIllf
ptOl!lilI.ped81d 10 luch~...
UIlnolllotldmttoolr" ,
TIllS IS NOT A WNlL\CI DF INSlJIAML
New IIuIIlIhin noidmlo ooIy-AmeodIlolJ r.donemtot
mDt:stJ.VJCE CAIJS
o 10 th. we 01. romd bttUII"yston IN1funtt1oo durint
w=oIhelOW &.tzlng ....a.;,lnd..erriaalil will'"
ItbtdbyA1fSIo.""icllttchnIdtowltbJolllll(t1Jwur
lllnlrKlholW.oorJl)1naAllSoIlN1fundJoo.
~ If, with ",pod 10 0,00 mttnlnBfl!l senla IIloilUloI wlthlo
illIt.Jwurlimtllmll.....,nolindillllllnl/1C\holderhatboeo
=.niW>ltWlthtn ouch limo IImII ix...... 10 bt
IIlalllnlrKlhold.IDI)'_hIIown......
OIl_IIA1lS'IIIJIIllII,
CAIlILLATIOO
lbJJ 0Il1nd 1I11Oll<an<>u.bl. ""~ 1111.'01 In th. kltw..Jnt. 11
"""UoI,AllSohtIJhonnofwth.ooliplloo,""plll.pw'lild
under 111m 5 u roUows.
I. Al AilS', option. upon the s.al1 OC' other transfer ofti~e.
tFllf tbtndonmenl
I. FIlf lIiIlII1l 10 pa)'IIl)'llld...n1" all '" lI"'1uiJld under thIJ
lXllllrrt
I,F","lIl'p'fIIl'IIloIOlIlI/1C\(".
I. D)'lllnl/1C\hoIderdurinttht ftnI 60 ib)1 olco",'IlI It IOd
only it nocWm undttthis Thnlnd hu ....1DId., 11 '" anceIloI
hylllnl/1C\holder,lllnl/1C\holder.htIlbeenll~oIlo.pron~
~fundnfthopaldlXllll/1C\,...bth.un"piredl"""I...
tdmInlstrtli" """ incumd by AIlS.
GRlIVANm
M)' N..lilmplhln resldeol.ho II 'IlIri,,0I h)' 10)' oct or
omhaiooor All~(l' IlJ~lJ=l!gislerlcompwnl with the
Newlilmolhln Insurtnct 0. l Qxxml. Newllllnpshill
OllO.,IlfL)'phoollll-l<>> Dill
Ohio IOIldtnll ooI)'.Muublory End........t
This <lIII1nd It n.."""I4bI. b)' pwclw<< or penon "1l~oIlo
belldll und. th.lXlll_
VIttInI.relideollonlr,
I. lbJJ lllnl/1C\. 0llIIlll0lI!)' nlmollo 1I.'home Wlmll~" II.
"homtprotldiooiJUunJl<IaJIll/1C\"wlthtntholllall!n&nl
5<<;Uoo lH2600 oltht VIIjInIo iJUtlJ1IlC. Lewl, ^' pormIned
und"SoctIunl5l'1600,th.lllnl/1C\proYld..ih,II,ilIlIlaperlod
Iowlollo th'<lIIIl/1C\end ix. pl!determlnedlllnl/1C\ ""AIlS
wIJI_btht""'"p';i,~::'Pp\Jabl.,th.~pbctm"loI
<O\md')1lllllltndfllfl ..ihtlrIJlOl!801Ol111_1J,
.hlrt.uih ~plirllf "1'1iitmeo1 II 0....111101 h)'lntIiIown
duelooomWWNI'andlNt.
t PUROlASEfmIolMllA1\lRV
Tht"""""oIth1J<lIIInlbIMlOllOllobytndlDl)'btwalllld.
I. StllVlCEC.IIJ.\
o AllSwlU",llIheIt.lilrttlotlllUllthtloerriatlll
compldld U IOlIllllllllOlllhly pwihlo
~ loilll""oI.romd/umQ..~I)1l"
m.sIfundioodurintthtwlnl.~~aUwlJlbt
dIlJlltcholhyAlISIo.1In1<I1 inunedattI)'
Wowlna "'" oorJIyq AIlS 01 illIllllllundJoo.
I, IlIMWALI
Iotho....IAllSlottndloollo~....thlJlXllllrldUpoo
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nolleu thto IlllQ' IIIlI1tbto60ib)" pricrloillldll.oI
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~ l'.oINlILl.IllON
N<<wItJullOdqtholul "",...oIStd1oo I oIthIJ 0Il1J1d. 10
!h. "'nl or ani:eUJtitxI homeowner sht1I be Il1tit:ed 10. pu
~lInfundcfUo.pald<lllllrKl"'forUo'lIIIIIplJolttrm.
I'orm Nil 92191 NA 795
f')C.~;~;t G f"' arc;
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COI.'NTY. PENNSYLVANIA
DAVID RAUP and
MARGARET RAUP.
PIIJintiff&
No. 97.2183
v.
Civil Term
AMERICAN HOME SHIELD
CORPORATION
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 s writtsn appearance personally or by attorney and /Il1ng
In writing with the Court your def(onses 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 COUIt withoulfurther notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintlif, You may lose money or
property or other nghts 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 WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVice
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 24g.3166
O~J ~1f'
lj~~\(r.i,li,;f Ikhi.1P
David Raup
Margaret Raup
6111 Westover Drive
Mechanlc5burg, PA 1705:1
REVI SED
7, Paul IIJrris Sr, and "'dill IIJrris Jr, .. bolh of "'dul Harris Company.. a sub-
conlraclor representing American IIome Shield, came 10 our home on Oc<;embcr l,
1996, Aner examining Ihe heal pump, he ordered a replacemenl parI called Ihe defrosl
mCl:llanism, When "'dlllllarris leO ollr home Ihal WIY, our home was liS cold as it was
when he drrivcd,
8, Twenty days laler, on December 23, 1996, represenlatives of "'"ulllarris came
10 our home ond installed II defrost mCl:honism. The healillg system slill did nol serve
to heal ollr hOllse even oner Ihis installation. When Paul IIarris' reprcsenlativC5 len
our home Ihal day, our home was as cold as il was when lhey arrived.
9, Eight clays laler, on December 31, 1996, we reported Ihal our heating syslem
still did nol work, Allhis lime. we had gone aile momh "'lholll h..dl in ollr home. Mr,
Paul Harris Jr, came 10 our home, We received his report Ihat ollr syslem nceded
cleaning, with on estimate Ihol il wouldcosl us SISO. He uscd oor humu lelephone to
call American Home Shield (MIS), AHS informed liS Ihal cleaning wos considered
generol maintenance. and Ihatlhey would nol cover illlnder Ihe turms of our home
W'"rranty contract.
10, Fourteen days laler, on January 14, 1997, "'"ulllarris Jr, came 10 our home and
cleaned our system, The oulside temperature Ihal day was approximalely 5 degrees
Fohrenheit. We paid him SISO,OO 01 tholtime, The healing system still did no/ heat
our home aner Ihe cleaning. Mr. Palllllarris Jr, delermined Ihat onr heating syslem
was officially "dead" This was om'ious, given Ihattbc inside of our home was very
cold, One would nol need any specialized knowledge of h::ating Ie<:hnolo~ 10 make
Ihis \lcterminalion, Ollr home lelephone was used In calland infonn American Home
Shield.
II. During Ihe following Iwo days, we spoke on the phone wilh appro,<imalely len
represenlatives of American Home Shield, AHS infonned lIS lhal when Paul Hurris
Company declared the system dead, Ihey would offer replacement. MIS
reprcscntath'CS laid us we could "cash oul" our policy if we wanled 10 pursue a
conlractor other lhon Paul Harris 10 do Ihe replacement. On January IS, 1997, Paul
Harris informed us lhol he called in a replacemenl bid 10 American Home Shield
(AHS),
12, Aner AHS re<:eived Paul Harris' declaration Ihal our system was dead, Ihey
faited 10 offer replacemenl of our system as they hod promised, Rather, lhey reversed
Iheir position and laid us thcy wanted a second IIpinion, We wondered how Ihey could
t:lke AJeb an aulmgcou," po,hion, sivan 1Ju11 our homo Inckod heal fot mora th:an six
weeks during the middle or winler wilh temperalures close 10 7.ero degrees FahrenllCil,
Wby did lhey fait 10 either repair or replocc our system, given lhatlhcy were under
conlrnct 10 do so?
J3. AHS laid us they would send somebody from Sccco for Ihe second opinion 10
our home thol same nighl, January IS, 1997. Nobody from Sccco came to our home on
January IS..., Instead, a Sccco lechnician phoned our home at 10:00 p,m. to infoml us
there was noIhing he could do 10 immediately help Ihe situation. We made an
appointmenl for him to come the next da}'.
14. On January 16, 1997, a Sccco ICl:hnieian came 10 our home, lie provided us
with a wrillen report declaring Ihe system dead. The specific "causc of dealh" for our
system was a faull}' compressor, A copy of said report is appended hereto as E...iblt B.
The second ol'inifm contrdclor -;;hoscn by AHS-recommended replacing /he entire
system.
15, Three professionalD!SOCiations govern standard procedures Dnd pmcliccs for
Hc:llinl!fVentilalion/& Air Conditioning (IIV AC) conlractors, These arc:
. The lIeatlnglVenlilalion Assoclalion
. AmeriC<ln SocielY of Healing Refrigeralion & Air Condilioning Engineers
(ASfIRAE)
. The Refrigefalor Equipmenl Sociely
16, None of lhe above Professional Organi/.alions condone replacing a IwcntY-)'ClIr-
old outside (compressor) unil withoul also replacing Ihe inside portion of Ihe uoil. This
would foil oulside Ihe n:alm of COOlmou, reasonable, and ordinary IIV AC practice, In
addition, il would void the manufaclurers' warraoties 10 do so, while creating an
insumclenl syslem set-up.
17, We r=ived a bid from Sccco, Ine, 10 replace our fuiled heal pump for
$4139,00, This bid is appended herelo as Eshihil C,
18, January 17, 1997, Aner more lhan a monlh-and,a-halfin Ihe middle ofwinler
Wilhoul a funclioning heating syslem, MIS imormed US lhey would poy $1095 10
replace our dead heal pump, When we infornled Ihem Ihallhis was nol sumcienllo
replace Ihe syslem, we were laid Ihey would investigale and gel baek 10 us,
19, Bcl\\~n January 13 and January 17, 1997, we spoke wilh Ihe following AHS
repn:senlativcs:
lois; Ken; Jodi, Dawn; Cryslal; Michelr.; Connie; Carrie; Gina; Ken; Melanic; Tony;
Allen; and Diane ---some of Ihem more Ihan once, The lasl person we spoke wilh was
apparently Ihe second-level supervisor, Georgia Schweiso, Cln Friday January 17, 1997,
She made il quile clear lhal MIS had no intention whatsoever 10 provllic for eilher lhe
repoir or replacemenl of our healing sysleOl, and staled lhal "i1 was laIC und she wanled
10 go home," As Ihe highesl-ranking represelllative of AHS, she was nol concerned
lhalwe were going inlO our ..""nth cunseculiVt! ....ekendwithoul h.at in our home,
20. We consulled an allomey 10 hclp press our claim againS1 American Home
Shield, because Ihey failed 10 respond in good failh 10 our warmnly claim, He faxed
lhem a leller dated Jaouary 17, 1997, asldng Ihem 10 acl al once.
21.
AHS lendered a portial pa)'rncnl of our claim in Ihe amounl ofS1095. (We
relurned lhe partial paymenl via certified mail).
22, We filed a complainl wilh Ihe Pennsylvania AllomL")' Genemls Office in hoJlCS
thaI olber people could be prevenled from being chealed by AHS,
AHS mailed us a second chcck for $239,10 daled March 4, 1997,
23,
24.
On March 4, 1997, MIS senl a leller 10 Ihe omce of Allomey General. This
leller is appended herclo as Eshibil D, The leller includes an apology lhal scems 10
allribule our seven week.< withullr hen/lo "parts delay." Whal parts'/ The entire
syslem'/
25, Their leller 10 lhe Allomey General (Exhibil 0) also goes on 10 slale lhal
AHS's cost 10 replocc our syslem is as follows: SS39 for Ihe oulside eoodrnsu unit;
$45 for Ihe IhernlOSlal; S484 for labur; und $239 for lhe indoor portion oflhe
heallnl! unit, Thus, Ihey slale lhatlhey could replace our heal pump for only SIJH,
26, Oilier Wl'illen malerial we received under separale rover from AIlS provides a
chart of whallhey say arc Iheir average cosls for bulh repairs and replacements. This is
appended herelo lIS Eshibil E, II e..phcilly slales lbal:
. AIlS' "average cosllo replace a lIealinl! System is S3'00,"
. AilS' "average cosllo replace an Air Condilioning Condenser Vnll is S2000,.
27,
Nolicc the incol15istenL'}' in AIlS' st~lel1lenls, 'n,is duplicity seems lypic.11 of
MIS, E.hiblt F appended herelo is a leller from AIlS 10 us asking Ihat we c.'lend Ihe
term of our warranly pIIsl its e,.pinllion, In Ihe lasl puragrdp/t on Ihe Iirst page AIlS
slales "even If rcpuiling a covered aJlllliancc or syslem costs us severallhou511nds of
dollars, you pay jusl $50 per repnlr," In hold yellow lellers on Ihe back. it 5llYs "Quick.
convenient selVicc. and "Tolal replacemenl of any covered item thai our professionals
can't Ii","
t
28, E.hlhlt G appended herelo is AUS' blochu", promising to "respllnd quickly
ond professionally. 24 hours a dil)', 7 d;IYS a week," "Your 5Ulisfaclion guardnleed,"
"We're a $4,2 billion dollar compuny with a simple philosophy: When Ihe cuslomer
needs service, we mnkc sure the customer gels sclVicc,"
29, We obtained a jlldgmcnl agaillsl AilS on April 14, 1997, frum the llistrict
Justice for $3282.40, This judgmenl has now been appealed,
30, AIlS had ample opportlln!t)' to either repair or replace Ihe system, given that
we tried to work wilh Ihem for half Ihe winler, II is clear thai Ollr heating system died,
and lhat AHS failed 10 either repair or replace Ihe syslem, AIlS has already agreed 10
provide Cor the replacemenl of ollr heal pump in both Ihe original contrdct and in Ihcir
more recent leller (Exhibil 0).
The actuul cost of installing a nelY hC3ting system in our hOllse lYas $9259,
This new syslem replaced lwo hC31 pumps and tll'O olllside uniLS, and was purchased al
Cair nwrkel pricc, (Note: halCoflhis number ~ $4629.50).
32, We hereby request the Court to enter a judgment 1R PlaiDliJTs' favor Cor $6586,
Fair markel bid 10 replace syslem by contractor selected by AHS (Exhibit C), $4,139,00 $4,139,00
Court eosts Irom Distfiet Court 61,00 61,00
Reimbursement tOf unnecessary healer cleaning 150,00 150,00
Subtotal: $4,350,
(14 nights al $57 per night), $798,OO $798,00
784,00 784,00
654,00 654,00
$2,236.00
31.
Loss of use of residence due to failure to respond In good laith,
Per diem, ($28 per parson pOl day IOf 14 days)
LosI wages - two days in court lOf two people, considering the trivolous positions taken by AHS
Sublotal:
TOTAL: $6,586.00
VERIFICATION
I hereby ccrtUy lhatlhe faels conlained in Ihe Coregoing Complainl are true 10 lhe
best oC my knowledge, information and belief. I understand thai false statements herein may
be subject to penallies under 18 f'd.C,S, 4'J04, relating 10 UlISwom falsilication to
aulborities.
,-.)). li),A.,
t.... oj", V,. ,
David Raup
~1r]#Pr
~~t :fatLf
'I1!:vtqf1tLb f(~wp
~veRAGE '
~ _-go ~ AH5 wtI _g. for . qualiflod 'aMco
0< ... ,-' Of '''*'''' Ih. ,yol_ ond _Ia __lIonocl ..
covered In .eWd.nee wdh the '11Im. and c;onditloOlf 01 lhis conllllc.llU
...... .. they:
- 1':Ate ....... In .... con..... O. 1M main foundeUon 0' 1he home or
_ (with .... .....1laR 01 .... lA_lor - _ ..... ..
~L.t: ...
2._ ........... .. ... -- .... .... -: ....
3.An ....-! wwJdng _ on tho .".._ d... 01"'" .-_..t; and
4.'-" .o..tv 1nI...... tIwoughoul &he ..-m of .,.. GOntrllal few ",op.
......., . .
lNI cOnnct onlY c.o'f.... a"'~B tamIy resale homes IIncluding
~_hoo.inQ) under ",000 lquare fee~1 UI\ktat an a1lemaliv.
mmllo. t.l!!lDa:".looI Of '"""'. 0< mu unl\a), Ie .pplIop 10'
by .-,.... andlh._I.I.. poId, Caw_~lefor
.. 11d,_ ~,nOI """- prop~ 0< _.CIS
,.Id .. buoln....., IndU g, I nol llmil.d 10, <l.y cat. cen I"',
.lomJIy/oororilv hOUI.. ~cat. homol,
hie con\raefdftc::rba thl ba coverage and opUOnl available.
,.qt She ~~y U4I . on ~Jr honw. ~.. lh. rev.., aJ,d,. of
IhIo conIIioct (Of lion SecUon 2., COV_g. clud9. only Ih. K....
l\oIod.. _., .~dl:.JcluJiS" 01....., Caw_g. .ubject 10 llmilallon'
end __ . In Ihio conllacl PIti8.. ,Mil your conlnlet
ClIIIAlIy ,
i!~G=E rJ~~'Lllng .nd uIo ooriod .lart, Ih. dol. Ih.
Uon 10 = ~ted tiy:--NiS, -.nd conlinud until he
~ p (up 1<1 180='f$ or unll c1u.. ,01 oal. 0'
lw . Q. II th. .ppllQn I. 'OCONod .. .
.-, . IhOl\ _-g. ... .laII \OIy upon ".uance 01
=1Irmo numb<< by AHr-
'. caw"JIO boolnl .1 .. 01 ..... Q,ovIdod plan I.. .. paid 10 AilS,
1ft conllnu.. ror oni yNl. . close 01 HI..
C"SERVlCE CALLS FClR .ERVIl;E CALL: 1..00.77.....3
\.1 0< ~ .Qoiif.(ln<bllng lonon\) n."l notlly AHS 10< won. 10 b,
und* Ita CORnet as soon I' the problem Ia c:laCO'f'8f1td.
5 . .c~t .iMee call 24 hoUri . day. 7 days _,. week at
1-800- . Nod" 01 any malfunction mu.1 ti. given 10 AHS ptlo, 10
2. x::' au .':J~n~ilonaJ wllI b. clod bv AH5 wI\hln lour
(41 = duI1ny..1oz:1:a"~oIn... hounl E!..~'hl (481 hours on
~ !_E.~ . e:~I,~ -=~~ ,ppoln_~' ',f'~
t=1n_ hoiifi':1n~i'Wiibe' /T1Id.lo _.dII. ....Ice In em..gend..,
3 ~ hU th. ,010 ~o aolfcllh. lochnlcian 10 portooo Ih. ._c..,
. wllI nol taimbuI . 01 .....1\'.. portooood wilhoullto "rior .pprpvol.
4.~~'~lIat:....:.~.~'.,grJ.'J..i=~
~~i~='"", lJ,~~ 01 ooch vtJ.. rJ:.\':~I~~
lIade ~. result in .uaptnlion 01 coverage until luch tine
.. th. :=:r' ' Alth.J:r" cov.ago wi! b. reln.lalod, bul!h.
5, ii""J:".J won. 01 be "l':~~ thi. conllacl ."""kI fall, then AHS wi!
_the n-"'Y wlhoul an .dcJtIonaI lIade ....... eel 10010<
. por\cld 01110 dIya on porta and ao dl'f$ on Iobot,
~ED SYSTEMS AND APPUANCES
9 "I!I\' ... "",IIod 10< homo aoll.. and homo buy<<. Cortain
lr. 01 IIbII1y IppIV 10 _<<od .yslom. ond appliance., (S..
1>-""'!M~ .nT1'M
~""Ic~' bvr:..,1:;'~~~~':~d~"""'
~.!..c ulder'e. dard as n8cea~), tolst wax -ring s~~
ViJ:'alOr ""., llIb, an d1v"'<<, .nll!' "!lP5. ri.<<' ,pd gal. v.1Vio. ;
_Ily lnalalod .ump pump. . Bulll.1n bclhlu~ whll1pool molor and
~t~'tEll'!I . Colap.. 01 0< damag.1o wa!, dnIin. go"
_ 01 venl .... id bv roolS. F.uceta . FIil\U,.. . !hlub. .na
._ . Shower lUlIIlind bu. pan. . Slnka . ToIIoI ond ...1. .
CauIdnlI or~oulIng . SepUo IOnka . W.ter .on..... . Pres.ure [e9l!lalo.. .
l,.decPlte exceaslve water pressure . Flow realricUons In treah water
In.. ~ ei 11J'~ COlToai9n or chncol dopaall. . Sewall' .joclor
~.. oklo or storage tanks .. saunas or slum rooms.
NOn:: P!!J'lldo access 10 ~mblng .yot... U,",ugh unobsb'uclod
_, _ 0I1o<n. only, and wtI rotuIn th. __ .openlng 10 ro'<<ln
_h .....wIlIon, Wlh reaootI to concrot.......aod oIumblnll ''f$I_. ATIS
wIi pay no more .!f1_~ $500 per contract lor accesa,'- dlagr'joils and tepd or
.--L AHS. conllaclor will clo.. Ih. a<<.eo. oPonlng and ,lIum 10 a
r""Mi"" _~h con_, .ubJoc! 10 Ih. $500 IImIllndlcoled,
~ HEATER (000 .. S....101
: ,,_ents end 0ItIS. including c1rculallng pump., ""cope
): _ _Iar 11.._ . Solat components . Holding or
.lonlgo Ianks ' _ . Fuol .I_go lank and enef\IY con....tion uT1II .
F\Ja 8nd y",ts.
3, B.ECTRICAL SYSTEM
COVERED: All componenla ""d patII. Including bulll.ln """.u.1 lans.
~&VEREO: Fbc\ureS. Door bel' . _ .lnlercoms ' CenI..1 vacuum
oyalllTl . ~~I' wS!!ll ~ . P"". laiIure Of .urg. . Garag. door
la':"d:N ~:(U,C,) ,,",g or componenla,
4. DlSKWAS"ElIIIIuI.,1n .. P_bl.1
~~R~~"!'~:Ii~~~a:;~I;
s, GARBAGE PISP08AL
COVERED: " components and part" including ontir. unlL
S. .ULHN IIIC11PWAY~ OVEN
~~~.,..r;,'!:I::".:i'In~~'~; ;~~Clock. . Shelves, POf1abI. or
counter top unila .. Meet mobe assembties .. RoUslSeries. .
7. RANGE/OVEN/cootCTOP (Gee rw E1ec.io; Bult.in.. Por..w. Of Fr..
.'ond""'b
COVERE : ,,~enl' and Jl!UI.. ""cept
NOT COVERED: (unIes. theY on,"" Ih.lunction ollh. o,on) . Me.1
orobe .-' otl8aories. Rilcka . Handles . Knobs . Senal-heat
burners d antv' be reo&aced with ate"dard bum~.
., TRASH cOMPAC1'OR I--in .. P_bl.1
COVERED: ,,~en , and part, "C8I!l:
NOT COVERED: Lock and key ....ombloa. Removable buckll.,
AllOmONAL COVERAGE FOR THE HOME SUYElI AV'UU'RJ F ONLY
AFTER CLOSE OF SAlE:
9. HEAllNO SYSTEM OR BUIl.T-W WALL UMT U' M.in $oure. o' H..'
10 HomtIl
COVERED: AI CQl1'lPonenls IIl1d P.8f1s necessary for Ihe operaUon 01 Ihe
mlom Ilnclu<!i!1g hoitll!Ump. whiCh cool or hoallh. home). ""Celli:
NOT CO\IE.IIED: Ba_d c.uIngs , Oil .Io<og. \anks . Porlablo unlls '
Soler ~Q .y.tems~F cas . Fill... . R_t.... . Grils . Clocks '
TII'MI'S. tMartl(npa. .luef Slorage \anlt...es and venls.
NOlE; AH5 wtI _ no IllOI1l $\,500 p.<< covered iI<m for ciaano,""
aCCess. and repair or replacement 01 any hol water or steam cirCUlating
heellnQ ...terns. .
10, PlICTWORK .'.
COVERED: Ducta "om heating un4 10 pornl oj allachmenl al ,ogjshll1l or
l!rol' COVERED: Rogi5lers ond grills . Insulalion . Asbeslo.-insulillod
du_
HOlE: AHS wil provide access 10 duetwOfk ttvough unobstruc1ed waRs.
ceIln~ or loon. only. and will return the secds, opening _ ~l! r~.9h Ilrush
condiUon. With resp6ct to cOllaete-euC8sed ductworXLAHS will pay no
more IhaIl SSOO per contrad 'Of acc8S~. diagn05l:S and repal' or
replacemenl AHS's contractor w1I dose t~e access openl1g and return to a
rough _h cond1lon. aubjecllo 1110 $500 Iimil iodlGalod.
11, AliI t;;OHDITIONING/COOlEll
COVERED: Dudld _ cenllal air condllloning, duelod oIoclric will air
condiuonng and Wtlhw ....aporawe woIers . K compoocnb o&nd parts.
ellc~t.
NOT COVERED: a.. ail condilloning ,y.t."", ' Gooden.. ..alng.
Regislen and ~s . F~len . EleclfQlllc lit clean.... . Wln40w un4s
Nol'\ductod wail units. Water tOW81'S' Humidi1\erl.
OPTI9HAL COVERAGE AVAILASl.E ONLY TO 110M! .UYER;
NOn:: HOME BUYER /T1IY pu,ch... any opUonal coy.ago 'Of up \0 ao
days all... doll. of safe. HowtN8I. tho Cov.-age p-.kHJ shal ~GfI
upon rer.etPl of payment ~ AHS and ,hal ~...cr onu yJJ&l' after the do.e 0'
sal., .nd Ih. 1In\it.\lon. olllablllly .p.cdIod In Socllon <:,\ """"pply IOf ao
days after c;ommlfflcement of cover.ge.
12', WELbPUMP
COVERE: "componenl. .nd pall. 01 wol pump ulililod for moln
dwelln!l onlY ..copl;
NOT coVERED: WoI cooln\ll . Prossu,. tank' . P\ping 01 "'~IIIcalIn..
leadinu to or l:onnef;Ung pu,..ur. tank and main dwelling . Holding ur
sloraqu lanka . Rod,WlIg ot web.
13. POftiANOIOR SPA EQUIPMENT
COVERE : ilolh I!.ool end _ (lI1cluding ",1",1or hol lub and whlr\poool) at.
covered lhey uUUl:o common ~ipfJ\en\ . If th-v do nut UtJill common
equlpmenl, Ihen only one 01 Ih.fJEhor . cov..ild unl... .n addlllot...1
CI,.....~. lee is pakj . Cov..go . 101 .. componenll and part~ 01 the
houllu< ',-p'1.mQlng '!!ld nllrallun "V' . 8)(C8Pl;
NOT OVEHED: Pool .'Ve.p mol",. . Ughts . LIn... . CooClIIo- one..ad
or undiound oI""lljCIll. P!!Jmbln~ 0I[y!. Iio.. . CIMn.'Q _!P'.'1\lI11 .
S\ruclur d.leel." SoiII ~IpmOl)r . J, . . ' Fuol .IOtJIQ.Janl<a . Buil.1n or
d.lach. clel/lll1g .(l!J1p",.f1~ Inclu g pop-up hoe '. lurl>o voN".
ClOJ~crawleR analhe like.
14, CHfH RefRIGERATOR
CO EO: AJ component. and parta. klcluling in1egral lreezer unit.
8.1lCW"
NOT COVERED: R.ckll' Shotvn . Ice makers, Ice crushers. bavlll.go
dispenllCf'S and Ihei' rOfpeclNe eguiprJ\8f1t . "Ienor therrnaJ ,hila .
Freez." which... nolan Ollogrol pen 01 th.,olrigot.lo<. Food .pollago.
WA.HEilJVRYER PACKAGE
lS, CLOTHES WA.HER
COVEflEO: AI !'Of1lIlon..l. ond part.. .xc.pl:
NOT COVERED: PIa.llc mlnl.lub. . Soap dl.pen.... . F ~I. .era... .
Knob, and dials . D./T1Igo 10 clolhlng,
18, CLOTHES DRYElI
COVERED: " COfl1IlOllenla l\I1d poll" ""COP.t'
NOT COVERED: Yonllng. Llnl .creon. . Knob. and dIalo . o.mage 10
do\hlng,
E. LIMITATIONS OF UAB1t0t
1. Th. 10Uowlng aI. not cQvltod ,Ih. homo .... 0< 'Of Ih.nl ao deya
.n.. Ih. doi. 0' .... 10' Iho orne buVer. .) moIluncllon or ln1pfoplf
qporo\ion duSt 10 l1J.t 01 corrOIliOf' 01 .~..;r' hoallnJ.. .y.l-
~4".=?~orw~.'::.:M~=~ctw": air ditionIng
2. AHS I. not ,~onlible' for restorat on of any wal oov~M, floor
cove:lnQ!'-CSbln..., counl<< lop., IIIIng. polnl, or th. 11<., AH:; Is nOl
,..pons",,!, lor the ,opalI 01 any co.m_ dafocl' 0' pw1om1l111C8 0
~~Ionan".
3, lahllng:;l~!.~~~ en:J;{='...'l..-=ln~~~doMcoa. or
4, AliSIf nol 'lIOf,I;!forc ~ oi aocondatv __, AH5 wtI nol
contlact to p.,f'orm smlce v Ing- hazardoUs qr roJdc materia1a or
e.btEo., AHS" nollablo or lalIu,. 10 p,ovlde IIm~ .-vice due 10
con . bUd K. conl,ol includlngLbul not llmitild 10, delay. In
ob 9 poI1 0' II<l!llpmenl end lobor dIlflculli..,
5, AHS 10 nol 10 101 r-"' 01 condition. C8U.od by chomlcal Of
~en build up. rnlsU.. Of obu... falIuto 10 cloon Of molnlllin ..
t;y th. oqu~l~lI1ulodUror, _g """". .b'udUraJ
angel, Ii., IrHZfng. eI. l.au,.. or surge, waler damago,
~lei1Ing. mud. earthqu.k.. so movom..~ 11000'. .e_la, pol
g., p..1 dameII'!. llIacl. 01 God.
a, haa Ih. .010 riohl to d.I",","O wholh<< " r;ovll(od applllf1ce.
''f$lom 0\' cotI1P9'1enrwtl b. !~ or r"l!!aced, AH5 II ~
~jL~-'g nil>l!lo;omenl ""'1pI!IOI11 Q' aInilIor '..Iilt~oIot ~ and
........cy.wl nol for II1IIc:lwi<i_alon., bnnd,OI ,1810 nol
responsible for upgrades riorfor the cost 9f conauuction, carP.en1rY. 01
olher modiftl'lUoils /T1Ide n.......ry by exI.tlng .qulpm..1 0( In.lliIIIng
d1ner",1 equlpmenL
7, AHS II nol ..ble '0< repairo ,elal.d 10 .doqu,ocy or <;apacltv 01
.ooiencas. COf!1Ilonenl. ItId ''f$loma In th. home; t..,. _1nS1ala1ion,
deSIGn 0< 1"_ ~ of ._cas, COC11I!OI1",.. and .ya\!ffia; Of
probToma cou.od by a1t..fIi>M or rnodIIIco!Ions of IippIltnCoo
c~en'a or IYS\!":lS. '
8. AHS il not reaponslble for reoa&rs arising 'rom manufacturer}.. r...a..
covered items or any Items whHe slll unaer an extatJng rr -' T
distributor's or In.home walJ'anly.
9, AHS, 10 no~slbIo lor ,_Ir or ,opIocomonl. 9' 1 J .'
.ooIioncas bv Ih. manulodut<< ,. c:,<lf1lIT_dll.' -
10. A'HS reserv_lhe It to requR a second opWon.
F. BUILDING AND ZONING CODE REQUIREMENTS OR
VIOLATIONS
1, AHS ls nol responaible 'or any upgrades. wOfk or coats r~ 10
C<!!"PIv with anY loderal. sial. Of I_laws, ,.guj.llon. 0< OIdlniInc:oa Of
ulilily regula_s. 0< 10 moet culTenl bu_g or zoning codoo
,_._", or 10 corrocl for code vIoIollon..
2. AHS is nol responsible lor service when P.S!f1l1ita cannol be obtained nor
will II pay any cost. relating 10 p.efmUs. AHS wil not COIllract to p'8rlOfm
s~lCe nor pay cosll involVing hazardous or toldo maleiiaJs or
.sblt5los. nor will II pay costa ruled to Ifeoo recapture DC' the diapoaal
01 ,oIrigor8nla or COllIa_la, .
G. LEASE OPTIONS
Coverage on lease ortlons Is available tor the l~e8 only. and be<Ms upon
paymenl 0' conne lee and reeelpl of ap:pBcaUon by AHS. Coverage
continues lor one full year Irom receipt of application and contract fell.
H. M\JLTlPLE UNITS AND INVESTMENT PROPERTY
1, 1I1h!s con,,"~11s lor . duolox, ltipl8x. or foumlex dwollna, !hen ..ory 4']lI
WUhWl such ct.tt""g roo,( be covered by an AHS conlr.a with ap~
opUonal coverage 'or coverage \0 apPly 10 oommon aya\em8 and
."punc..,
2. If this conlrBct la fpr a unit wUhin a multipkt unit ot 5 or more, 'hen ontv
IIams containl'J within the confines 01 each ,uiMduaJ unit are covered.
Cof!1l119n .yol","" and spplianc.. ... IIlCcIudod, Uallng COYIInIII' Is not
availltbWt to seMer.
:J. Ex~t .5 otherwise provtdod In lhls secUofl, conmon systems and
appiances arl! no' covered.
I. TRANSFER OF CONTRACT & RENEWALS
1. I' Y9W covered property ls soW during the lerm of this contnlet, you must
noLity AHS 01 the cn~ge '" ovm~~ 8!'d lTIJ$o\ ~ \he name t:4 \he
new own<< by phOllllg HlQO.735 Ol otdo< 10 Iron..... coy...go 10
the new owner.
2. This con,,"cl /T1IY be ,enewed .1 Ih. opllon oj AH5 ..d where ponniIIod
by slate law. In lhal event you WIU be notified ollhe pr8'i'aMg rile and
terms for renewal.
J, CANCELlATION
This conlract shal bs "oncance6abkt. except AHS may clnC8l for Ihe
foltowing reasons:
A. NOOP:Byment d' contract fee$;;
B. F rdud or misrepreaonlaUon 01 IaclS material to the Issuance of this
contract: or
C. When contract is for listing covera~ and close of aWe does not occur
II con~acl is cencelJod, Ih. pro'llder 01 lund, .hall b. enlllled 10 . pro rata
refund 01 th. paid conlll" I.. lot Ih. "''!''!'ired I"",,, less en .....linlallfUv.
I.. and ony .IMCO coa1a OlculTod by AHS, '-.J 't A 2'1
~"b' fl. 6-
e t 998 AIlS Cotpo<ati<ln NPAl96
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PROPOSAL
B-311-CI
SECCO INC.
ELECTRICAL I R~FRIQERATION
1111 Primrose Avenue
CAMP HILL, PA 17011
(717)737-2142
David and Peggy Raup
6111 Westover Drive
Mechanlcsburg, PA 17055
Subject:
January 24,1997
Phone:796-2477
Heat Pump Replacement
6111 Westover Drive
We are pleased to propose the fol/owlng labor and materials to replllce the existing
TRANE heat pump unIt at the above referenced location:
a
a
a
a
a
a
Remove the eJdstlng InterIor and exterior heat pump system
FurnIsh and Install one (1) TRANE 12 SEER 2 ton heat pump system
with auxiliary heater.
Ductwork modifications to accommodate the new Interior air handling
unit.
AI/ necessary electrical, refrigerant and condensate connections to the
new equipment.
Thermostat and control wIring.
10 year warranty on aI/ TRANE equipment One year warranty on all
other equipment and materials.
TOTAL INVESTMENT:
$
4,139.00
If we were to prOVide a 10 SEER TRANE heat pump with a 5 year warranty In lieu of
the above 12 SEER unit, the TOTAL INVESTMENT will be: $ 3,418.00.
Thank you for allowing SECCO, INC. to quote on your heating needs.
TERMS: One third down with the order, one third at the start of the work, balance
upon completion of the work.
Accapted by:
Date
White copy
Yellow copy
.
.t
Chuck Zogby
Note: This proposal may be
wlthdrllwn by us If not
accepted within 30 days.
SECCO, INC.
Customer
SECCO, INC. Is an Equal Opportunity Employer ~
~...L.'.IC
.f 1'/
.J. I I ~
, -
. ~AMERICAN
.l"'i'l"lVHOME SHIELD-
J') [1-
AMerican Home SllIIId
lega/llaPilltmer.1
P.O, SOx 727
carroll, IA 51401
800-821.4llJ6, Ex\. 2705
March 4, 1997
,\,
'1 ,. - '
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f:::A:;'
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H. Qus Dom
Altomey Generals Office
BureKu of Consumer Protection
HalTisburg Regional Office
Harrisburg, P A 17104
RE:
Margaret Raup
Contracf No,:
Your file No,:
002452689
A97-0507
Dear Mr. Dom:
Ame,kan Home Shield (" AHS") has received your lelter dated FebfUary 6, 1997 and has been forwarded
to me for review. The following is AHS's posillon:
After reviewing Ms, Raup's claim, I would iike 10 apologize, on behalf of AHS ..,d Paul HlIlTis Company,
Inc" for lbe delay in se....ice Ms, Raup received. However, AHS cannot be held liable for parts delay,
Please refer 10 Ms, Raup's enclosed conlraCl, Seclion E, No.4, which explains lbe above polley,
However, I am willing to review Ms, Raup's invoice stating lbe cosl she incurred to have her unit cleaned,
This invoice can be mailed to my aUention at the above address,
In addilion, Ms, Raup's monetary seUlemenl, in Ihe amount of 51 ,095.40, rr.presents AHS's cost to make
lbe necessary replacemenls and is dctennined as follows: 5539,54, for the ou15ide unil; plus, $45,54 for the
thennostat; plus, $484,00 for labor, However, after reviewing this claim, I have forwarded a check to Ms,
Raup, in lbe amount of 5239,10, represenling AHS cosllo also replaeelhe indoor pan ion of the healing
un iI, Please note, it was Ms, Roup's decision to lake the monetary seulement and not allow AHS to make
the replacements, which AHS could have made for the .bove costs,
Thank you for your understanding in this mailer. 1 f you hove any funher questions or assistance is needed,
please feel free to contael me at 1-800-827,4636 eXlcnsion 2164,
Sincerely,
AMERICAN HOME SHIELD CORPORATION
&vuJ&~g,
Erinn Reisz
LegRI Specialist
Encl.
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Home repairs have a way of sneaking up on
you when you least expecl it-or when you
can least afford it. You may have to come up
with hundreds or even thousands of dollars
to have vital homo systems or appliances
repaired or replaced. With a home warranty
'rom American Home Shield, you're always
covered. all day and all night. every day ot
the year, when you're at home. at work or on
vacation, So you won'l have to worry about
expensive repair bills on covered systems
and appliances.
Return you: "..
coverag9 ~',:'...
'::'/,f.:.:;.
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~
~AWE.AlCAN
.I"'1I'I'V HOME SHIELD'
,
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When you own a home warranty, you can handle uven tha m~s8i&at repair job
without dHtYlnq your hands, All you do is pick up thlO phonlO and dlal,
Any day or niqht of thlO YlOar, you'll rlO.ch a trainlid representative who can
schedule service for you riqht away, A licenBlid service proflissional will then
solve your repair problem just as quickly as a qoud job allows.
'l'''! 1.l._.L~LJ l'_"I!I':U.._d( .IJ~j' ,', 'l
"I I',,' "1, 'I
I, 'IL.! 1 ,,;__'..:':ln~__L_(l.A'
That's riqht, If We can't repair it, we'll replace it - with the idantical
mudel or a comparable appliance with similar features, Or. we will offer you
cash back for the amount we estimate this will cost, 50 you won't have to
sUddenly come up with hundreds or thouaands of dollars to replace your furnace,
ranQ8, or some other covered item.
NI:":~', _nWl" J.l...~nd .r!.'!Jl:I""111 '111 1" (.~II'l,'I." jjl(l.',,-'tlll"Jrl':~n~...~.
We belleve our customers deserve the very best. That'e why we use only new
replacement parts and appliances from major manufacturers, What's more, we
offer you the opportunity to obtain additional name brand appliances at apecial
low prices made possible by our tremendous purchasinq power.
r~.U_U,-_.j. ,:-1\')1"'-' Ilf ,'_".1 ~~ 1/ ".'~-: .I~!\ r;,\~.
Safequardinq your home and your peace of mind coets only pennies a day with
American Home Shield. And to make it even simpler, we offer 3 payment options,
You may enclose a check or money order for 1/3 down, with 1/3 due
in 30 days and 1/3 due in 60 days, (There's no finance charQe!)
Or, you may apply the total amount to your VISA, MasterCard, Diecover
or Amorican Express account.
Or, eimply pay in full riqht now by check or money order.
Whatever you decide, please don't delay.
warranty today. And keep the top'quality
people you know and trust,
Renew your American Home Shield home
protection that you enjoy now, from
Detach and return your completed Invoice today. And rest assured that, as
always, we'll be there for you when you need usl
Sincerely,
,,) ,f
011 - l/
";.1. ,/___ '.P""''-
" ._--..._~"" "-
Rick Ascolese
Executive Vice
...<,) /..'
l~...0:2--C-f-f"-~_
--=' --
President
P.S. Accordinq to a recent national survey, most families spend from 1\ to 3\
of the price of their home on annual repairs and replacements - which
would mean $1,000 to $3,000 per year on a $100,000 house. Don't be one of
them I Renew your home warranty today.
CopyngN 1-' AmIfan fioIN SNeId CorporatIon. In CIlItom6I, AmM:M Horne 5NeId CarpcnlIcn ~ CPb.....Inc. "fJarilM, AtNncM HarM SNiIId CorpcniIIan 01 Aondt. Inl;.
In fllUl. ~ Hol'nI SNIId CofpcnIlon 01 ,....Inc.
----------------------------------------------------------
Arcilcw,ng :'0\<11;'
morIC1f.s;mar.]:] coverage
is ,::1$ cas:~ r:1S 1f\.~"C.
[~
J~I..<;"n
Under Slsp 1 on ths other side 01 Ihls form,
Simply indicate whsthor you wish \0 pay In full
now, or lake advantage of our InlerOsl.froe
Inslallmenl plan,
Under SlOP 2, soloellhe paymenl melhod
you proler.
r.::-
'-,.~ ...
r.-., Then mall your Invok:e with paymenl in lhe
\~i. n postage' paid snvelope provided, Or just ca"
us at 1-800-345.9798. Irs lhal easy,
Sf! /lJoIil illls CrlII/II/c/cd 1/Il'lIicl) -ltlttilY!
.
\~
~$~r~-~'~"
'\, ;// Plus - save $35 for each friend you
'-~/ refer to American Home Shield.
FOf each person you recommend who becomes an American Hom.
ShIeld home warranly owner, we'U send you a certifleale for S35 on your nelt
soNice call lee, . Ii's OlJr way 01 thanking you lor your support,
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AH8 AAEfOCAN ~.:.:..a:.~-.. '~
... _ . to.E5IE~~, ~~,~~:.::=:~~ft ,$35;~
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Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS'lLVANIA
NO. 97-2183
DAVID RAUP and
MARGARET RAUP,
v.
AMERICAN HOME SHIELD
CORPORATION,
CIVIL TERM
Defendant
NOTICE TO PLEAD
TO: David Raup and Margaret Raup, Plaintiffs
You are hereby notified that you have twenty (20) days in
which to plead to the enclosed New Matter or a Default Judgment
may be entered against you.
SNELBAKER, BRENNEMAN' SPARE, P. C.
By:
~t!:fti~~
P 1 p . Sp e, i:!squire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendant
American Home Shield corporation
Date:
July 10, 1997
LAW on'ICl:a
SNELDAKER.
BRENNEMAN
a SPARE
DAVID RAUP and
MARGARET RAUP,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2183
v.
AMERICAN HOME SHIELD
CORPORATION,
CIVIL TERM
Defendant
ANSWER TO AMENDED COMPLAINT WITH NEW HATTER
AND NOW, comes the Defendant, American Home Shield
corporation, (hereinafter called Defendant or AHS) by its
attorneys, Snelbaker, Brenneman & Spare, P. C. and responds to
Plaintiffs' Amended Complaint as follows:
1. Admitted.
2. Admitted.
J. Admitted. It is admitted that in or about May of 1996,
Plaintiffs and Defendant entered into a written contract
(hereinafter "Contract") and that a copy of said Contract is
appended to the Amended Complaint as Exhibit A. It is admitted
that Defendant covenanted to repair or replace certain systems
and appliances located within Plaintiffs' home in accordance with
the terms of the Contract. By way of further answer, it is
averred that the Contract speaks for itself and must be read in
its entirety.
LAW O'..ICIU
SNELBAkER.
BRENNEMAN
a SPARE
4. Admitted. It is admitted that the home warranty
Contract obligated Defendant to cover the heating system located
in Plaintiffs' residence in accordance with the terms of the
Contract. It is admitted that Defendant was obligated to repair
or replace certain systems and appliances located within
Plaintiffs' home in accordance with the terms of the Contract.
By way of further answer, it is averred that the Contract speaks
for itself and must be read in its entirety.
5. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the
truth of the averment that when the Plaintiffs bought their home,
it was equipped with two identical heat pumps, one in the attic
and one in the basement; that each heat pump system was comprised
of two components - a compressor/unit (located outside the house)
and an inside heat pump; or that the basement unit failed
completely during late November or early December, 1996;
therefore, same are deemed to be denied and strict proof thereof
is demanded at trial to the extent such averments are relevant.
6. Admitted in part and denied in part. After reasonable
investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment that
during late November, 1996, Plaintiffs noticed that the house was
insufficiently heated, therefore same is deemed to be denied and
strict proof thereof is demanded at trial to the extent such
averment is relevant. It is admitted that Plaintiffs made a
LAW O""ICllIl
SNELBAKER.
BRENNEMAN
8: SPARE
claim against the warranty Contract in December of 1996.
-2-
7. Denied. It is denied that Paul Harris Sr., Paul Harris,
Jr. or the Paul Harris Company are representatives of Defendant.
After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the
averments that Paul Harris, Sr. and Paul Harris, Jr. came to
Plaintiffs' home on December 3, 1996; that after examining the
heat pump, he ordered a replacement part called the defrost
mechanism; or that when Paul Harris left Plaintiffs' home that
day, Plaintiffs' home was as cold as it was when he arrived;
therefore same are deemed to be denied and strict proof thereof
is demanded at trial.
8. Admitted in part and denied in part. It is admitted
that representatives of Paul Harris Company installed a
replacement defrost mechanism at Plaintiffs' home. After
reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the
averments that the installation was made on December 23, 1996;
that the heating system still did not serve to heat Plaintiffs'
house even after this installation and that when Paul Harris'
representatives left Plaintiffs' home that day, Plaintiffs' home
was as cold as it was when they arrived; therefore same are
LAW O,'ICl.
SNELBAKER.
BRENNEMAN
&: SPARE
deemed to be denied and strict proof thereof is demandad at
trial. By way of further answer it is averred that Plaintiffs
did not place a service call to Defendant on December 23, 1996;
-3-
on the contrary, it is averred that Plaintiffs placed their next
service call to Defendant on December 27, 1996.
9. Admitted in part and denied in part. It is admitted
that on December 31, 1996, Plaintiffs reported that their heating
system did not work; that Defendant informed Plaintiffs that
cleaning was considered general maintenance and that Defendant
did not cover general maintenance under the terms of the home
warranty contract. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as
to the truth of the averments that Plaintiffs had gone one month
without heat in their home; that Mr. Paul Harris, Jr. came to
Plaintiffs' home; that Plaintiffs received his report that their
system needed cleaning, with an estimate that it would cost
Plaintiffs $150; or that he used Plaintiffs' home telephone to
call American Home Shield (AHS); therefore, same are deemed to be
denied and strict proof thereof is demanded at trial to the
extent such averments are relevant.
10. Admitted in part and denied in part. It is admitted
that on January 14, 1997, Paul Harris, Jr. came to Plaintiffs'
home and cleaned their system. After reasonable investigation,
Defendant is without knowledge or inforrnation sufficient to form
a belief as to the truth of the averments that the outside
LAW O,"CIt.
SNELBAKER.
BRENNEMAN
&: SPARE
temperature was 5 degrees Fahrenheit; that Plaintiffs paid Paul
Harris, Jr. $150.00; that the heating system still did not heat
-4-
.
!
Plaintiffs' home; or that Paul Harris, Jr. made the determination
that the heating system was officially "dead"; therefore, sams
are deemed to be denied and strict proof thereof is demanded at
trial to the extent such averments are relevant.
11. Admitted in part and denied in part. It is admitted
that during the following two days, Plaintiffs spoke on the phone
with approximately ten representatives of American Home Shield;
that AHS informed Plaintiffs that when Paul Harris Company
declared the system dead, they would offer replacement; that AHS
representatives told Plaintiffs they could "cash out" the policy
if they wanted to pursue a contractor other than Paul Harris to
do the replacement. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as
to the truth of the averment that on January 15, 1997, Paul
Harris informed Plaintiffs that he called in a replacement bid to
American Home Shield; therefore, is deemed to be denied and
strict proof thereof is demanded at trial to the extent such
averment is relevant.
12. Denied. It is denied that after AHS received Paul
LAW O,.'ICI.
$NELDAKER.
BRENNEMAN
a: SPARE
Harris' declaration that Plaintiffs' system was dead, they failed
to offer replacement of the system as promised. It is further
denied that AHS reversed its position. It is admitted that AHS
exercised its rights under the terms of the Contract to have a
second opinion. It is denied that Defendant's position was
-5-
outrageous. The remainder of paragraph 12 is a series of
unwarranted conclusions to which no response is necessary.
13. Denied. It is denied that AHS told Plaintiffs they
would send somebody from Secco for the second opinion to come to
Plaintiffs' home that same night, January 15, 1997. On the
contrary, it is averred that AHS told Plaintiffs they would
attempt to have a representative of Secco service the Plaintiffs'
system on the night of January 15, 1997. After re:lsonable
investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment that
a Secco technician phoned Plaintiffs' home at 10:00 P.M. to
inform Plaintiffs there was nothing he could do immediately to
help the situation or that an appointment was made for him to
come the next day; therefore, same is deemed to be denied and
strict proof thereof is demanded at trial to the extent such
averments are relevant.
14. Admitted in part and denied in part. It is admitted
that on January 16, 1997 a Secco technician came to Plaintiffs'
home and that he provided Plaintiffs with a written report.
After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the
LAW O""ICU
SNELBAKER.
BRENNEMAN
8: SPARE
averment that a copy of said report is appended to the Complaint
as Exhibit B or that the second opinion contractor chosen by AHS
recommended replacing the entire system; therefore, same is
-6-
deemed to be denied and strict proof thereof is demanded at trial
to the extent such averments are relevant. It is denied that the
report declared the system dead and that the report sp~cified the
"cause of death" for Plaintiffs' system as a faulty compressor.
On the contrary, it is averred that the report speaks for iteelf
and must be read in its entirety.
15. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as
to the truth of the averments contained in Paragraph 15;
therefore, same are deemed to be denied and strict proof thereof
is demanded at trial to the extent such averments are relevant.
16. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as
to the truth of the averments contained in Paragraph 16;
therefore, same are deemed to be denied and strict proof thereof
is demanded at trial to the extent such averments are relevant.
17. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as
to the truth of the averments contained in Paragraph 17;
therefore, same are deemed to be denied and strict proof thereof
is demanded at trial to the extent such averments are relevant.
LAW O"'ICI:.
SNELDAKER.
BRENNEMAN
&: SPARE
lB. Admitted in part and denied in part. It is admitted
that AHS informed Plaintiffs they would pay $1,095.40 to replace
-7-
the heat pump and that when Plaintiffs informed Defendant that
this was not sufficient to replace the system, Plaintiffs were
told AHS would investigate and get back to them. After
reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the
averment that January 17, 1997, that Plaintiffs had more than a
month-and-a-half in the middle of winter without a functioning
heating system; therefore, same is deemed to be denied and strict
proof thereof is demanded at trial to the extent such averment is
relevant.
19. Admitted in part and denied in part. It is admitted
that between January 13 and January 17, 1997, Plaintiffs spoke
with the following AHS representatives: Lois; Ken; Jodi, Dawn;
crystal; Michele; connie; Carrie; Gina; Ken; Melanie; Tony;
Allen; and Diane - some of them more than once and that the last
LAW O'''CES
SNELBAKER.
BRENNEMAN
&; SPARE
person Plaintiffs spoke was apparently the second-level
supervisor, Georgia Schweiso, on Friday, January 17, 1997. It is
denied that Georgia Schweiso made it quite clear that AHS had no
intention whatsoever to provide for either the repair or
replacement of Plaintiffs' heating system and stated that "it was
late and she wanted to go home." It is further denied that as
the highest-ranking representative of AHS, she was not concerned
about Plaintiffs' situation. On the contrary, it is averred that
Defendant was concerned with Plaintiffs' situation and tried to
-8-
help them.
20. Admitted in part and denied in part. It is admitted
that the Plaintiffs apparently contacted an attorney and that he
faxed a letter to Defendant dated January 17, 1997. It is denied
that Defendant failed to respond in good faith to the warranty
claim. On the contrary, it is averred that Defendant responded
reasonably and pursuant to the terms of the Contract.
21. Admitted in part and denied in part. It is admitted
that AHS tendered a payment of Plaintiffs' claim in the amount of
$1,095.40. It is denied that such payment was a "partial
payment." It is admitted that Plaintiffs attempted to return the
amount of $1,095.40 via certified mail on or about April 25,
1997. By way of further answer, it is averred that Defendant
made full payment to the Plaintiffs in the amount of $1,095.40
representing Defendant's ccst to replace the condensing unit. It
is further averred that this check was cashed by the Plaintiffs
and that Plaintiffs did not have to accept the payment, as
Defendant would have gladly replaced the condensing unit pursuant
to the terms of the Contract.
LAW O"ICIU
SNELBAKER.
BRENNEMAN
&: SPARE
22. Admitted in part and denied in part. It is admitted
that Plaintiffs filed a complaint with the Pennsylvania Attorney
Generals Office. It is denied that anyone has been cheated by
AHS. By way of further answer, it is averred that Defendant has
-9-
no knowledge as to what Plaintiffs hoped to accomplish by filing
the complaint.
23. Admitted. It is admitted that Defendant mailed
Plaintiffs a second check for $239.10 dated March 4, 1997. By
way of further answer, it is averred that the additional check
represented Defendant's cost to replace the air handler on
Plaintiffs' heat pump and that the two payments Plaintiffs
received represents Defendant's cost to replace the heat pump
i
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.
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LAW O"I'IC~.
SNELBAKER,
BRENNEMAN
& SPARE
system.
24. Admitted in part and denied in part. It is admitted
that on March 4, 1997, AHS sent a letter to the Office of the
Attorney General and that a copy of the letter is attached to the
Complaint as Exhibit D. The remainder of Paragraph 24 is denied
as it raises questions rather than averring facts.
25. Admitted. By way of further answer, it is averred that
due to the large volume of work Defendant generates, it has
established discount pricing with both the manufacturers of the
replacement equipment and with the technicians installing the
replacement equipment.
26. Admitted in part and denied in part. It is admitted
that Defendant sent other written material to Plaintiffs'
attention which is attached to the Complaint as Exhibit E. It is
denied that the materials attached as Exhibit E contain the exact
-10-
language quoted by Plaintiffs. On the contrary, it is averred
that the documents speak for themselves and must be read in their
entirety. By way of further answer, it is averred that it was
Plaintiffs who elected to accept a "cash out" rather than have
the components repaired or replaced by AHS.
27. Admitted in part and denied in part. It is denied that
AHS' statements are inconsistent and denied that there is any
duplicity on the part of AHS. It is admitted that Exhibit F
attached to the Complaint is a letter from AHS asking Plaintiffs
to extend the term of the warranty Contract. It is admitted that
Plaintiffs have ~uoted limited portions of the letter attached as
Exhibit F.
28. Admitted.
29. Admitted. By way of further response it is averred
that this paragraph has no place in a Complaint and should be
stricken as prejudicial to Defendants.
30. Paragraph 30 contains a series of conclusions to which
no response is required.
31. After reasonable investlgation, Defendant is without
knowledge or information sufficient to form a belief as to the
LAW O"P.CIt.
SNELBAKER.
BRENNEMAN
a SPARE
truth of the averment that the actual cost of installing a new
heating system in Plaintiffs' house was $9,259; therefore, same
is deemed to be denied and strict proof thereof is demanded at
-11-
.
,
,.
trial to the extent such averments are relevant. Based upon
information and belief, it is averred that Plaintiffs installed
an oil fired boiler system to heat their home.
32. Denied. It is denied that Plaintiffs are entitled to a
judgment in their favor in the amount of $6,586.00. As a matter
of law, Plaintiffs are not entitled to the damages claimed.
WHEREFORE, Defendant, American Home Shield Corporation
requests that jUdgment be entered in its favor and against
Plaintiffs.
NEW MAT1'ER
Defendant avers the following New Matter:
33. The averments contained in paragraphs 1 - 32
hereinabove are incorporated herein by reference thereto.
34. Pursuant to the terms of the contract, Defendant
offered to arrange for a qualified service contractor to repair
or replace the malfunctioning components of Plaintiffs' heat pump
system.
35. Plaintiffs refused to accept Defendant's offer to
repair or replace the malfunctioning components of Plaintiffs'
heat pump system.
LAW O"ICI:.
SNELBAKEA.
BRENNEMAN
& SPARE
-12-
36. Rather than accepting Defendant's offer to repair or
replace the malfunctioning components of Plaintiffs' heat pump
system, Plaintiffs voluntarily elected to accept a monetary
settlement of $1,095.40 from Defendant.
37. Plaintiffs cashed check No. 703851 dated January 23,
1997 from Defendants in the amount of $1,095.40 in early
February, 1997. A true and correct copy of both sides of check
No. 703851 is attached hereto as Exhibit 1 and incorporated
herein by reference. Check No. 703851 contained the following
statement conspicuously displayed on the back side of the check:
"ACKNOWLEDGEMENT OF RELEASE AND SATISFACTION By
endorsing this check the payee hereby acknowledges
payment and satisfaction in full of payee's claim
against American Home Shield Corporation ("AHSC") and
its subsidiaries and payee hereby releases AHSC and its
subsidiaries from any further liability with respect to
said claim."
39. Plaintiffs endorsed check No. 703851 and crossed out
the language set forth in the preceding paragraph.
40. Defendant in good faith tendered check No. 703851 to
Plaintiffs as full satisfaction of their claim.
41. Plaintiffs obtained payment of check No. 703851 in the
amount of $1,095.40.
LAW O""JCII
SNEL.BAKER.
BRENNEMAN
a SPARE
42. Plaintiffs' claim against Defendant is discharged
pursuant to Pennsylvania Consolidated Statute Title 13, Section
-13-
3311.
43. without a legal obligation to do so, in a further
attempt to satisfy Plaintiffs, Defendant tendered a second check
No. 706674 dated March 4, 1997 in the amount of $239.10, a copy
of which is attached hereto as Exhibit 2 and incorporated herein
by reference.
44. By letter dated June 6, 1997, Plaintiffs returned check
No. 706674 to Defendant.
WHEREFORE, American Home Shield Corporation requests that
judgment be entered in its favor and against Plaintiffs.
SNELBAKER, BRENNEMAN & SPARE, P. C.
Date: July 10, 1997
By: Ph~~8~ire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendant
American Home Shield corporation
LAW Ol"I"ICES
SNELBAKER.
BRENNEMAN
a SPARE
-14-
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EXHIBIT "1"
DATE INVDICE NO DESCRIPTION AMOUNT DATE INVOice NO DESCRIPTION AMDUNT
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IlK REQ 3-1\-97 S\~0#126B76e9 ~239.10
,
NAME DAVID So HARG!\RF.T RAUP
VENDOR NO, NONE
CHECK NO. 706674
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TOTAL INVOICES I 1 TOTAL $239.10
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
!
1
DAVID RAUP .nd
MARGARET RAUP,
PI.lntlff,
No. 97.2183
v.
Civil Term
AMERICAN HOME SHIELD
CORPORATION
Defendant
PLAINTIFFS' REPL Y TO NEW MATTER
COME NOW the Plaintiffs, David Raup and Margaret Raup, by counsel, and
reply as follows to the New Matter set forth in Defendant's Answer to Amended
Complaint with New Matter,
33, No response required.
34, It is admitted that Defendant's contract with the Plaintiffs obligated the
Defendant to arrange for a qualified service contractor to repair or replace the 'systems
and components. covered thereunder, It Is also admitted that Defendant authorized a
service contractor to replace some components of the Plaintiffs' non-functioning heat
pump system. It is denied that Defendant's actions fulfilled its obligations under its
contract with the Plaintiffs.
35. It is admitted that Plaintiffs rejected Defendant's partial offer to repair or
replace some components of the Plaintiffs' non-functioning heat pump system, It is
denisd that Defendant's partial offer fulfilied Defendant's obligations under its contract
with Plaintiffs.
36, It is denied that Plaintiffs elected to accept a monetary ssttlement of
$1,095.40 from Defendant as full payment of Defendant's obligations under its contract
with Plaintiffs. Defendant's offer was considered by Plaintiffs to bs only a partial
payment of the amount needed to replace the non-functioning heat pump system,
according to the estimate received from the contractor which had been retained by
Defendant itself,
37, It is admitted that Plaintiffs cashed Defendant's check in the amount of
$1,095.40 in early February, 1997. Inasmuch as the statement contained on ths
reverse side of said check is illegible, Plaintiffs have insufficient information to admit or
deny whether the text of the statement reads as alleged, and proof thereof is demanded
at trial, Plaintiffs deny that in cashing said check, they accepted the amount tendered
as a release and satisfaction of Defendant's obligations under its contract,
38, Omitted by Defendant.
39, Plaintiffs admit that they crossed out a statement on the revsrse of check
#703851 prior to endorsing said check for deposit.
40. Plaintiffs deny thaI Defsndant tendered check #703851 In good faith as full
satisfaction of Plaintiffs' claim, To the contrary, Plaintiffs believe, and therefore aver,
that Defendant's tender of said check was a further instance of Defendant's bad faith
conduct in failing to fulfill its obligations under its contract with Plaintiffs,
2
41. Admitted.
42, Ths allegations of paragraph 42 constitute a conclusjon of law as to which
no response Is required, By way of furthsr response, Plaintiffs point at that Defendant
has admitted, In paragraph 21 of its Answer, that Plaintiffs sentths sum of $1,095,45 via
certified mail to Defendant on or about April 25, 1997, Pursuant to 13 Pa,C,S,
~3311(c)(2), said tender by Plaintiffs precluded any discharge of Plaintiffs' claim against
Defendant,
43, It is admittsd that Defendant tendered a sscond check #706674 dated
March 4, 1997, in the amount of $239,10 to the Plaintiffs, It is denied that Defendant
had no legal obligation to tender said check, By way furthsr response, Plaintiffs allege
that the tender of said check represents an acknowledgement by Defendant that its prior
tender was not adequate to fulfill its obligations to Plaintiffs under its contract with
Plaintiffs, and was a withdrawal of its previous tender of check #703851,
44, Admitted,
DATED: July 24, 1997
Philip Murren
I. 0, Nt), 21428
BALL, SKELLY, MURREN & CONNELL
511 North Second Street
p, 0, Box 1108
Harrisburg, PA 17108
(717) 232-8731
Attorney for Plaintiffs
3
VERIFICATION
i
'j
I hereby certify that the facts contained in the foregoing document are true
to the best of my knowledge, information and belief, I understand that false
statements herein may be subject to penalties under 18 Pa,C,S, ~904, relating
to unsworn falsification to authorities,
f)~~
David Raup ~
'il!kaA~cw) t ~, ~/}
Ma are Raup
Dated: July~, 1997
IN THE COURT OF COMMON PLEAS
OF CUMB}:RLAND COUNTY, PENNSYLVANIA
DAVID RAUP and
MARGARET RAUP,
Plaintiffs
No. 97-2183
v.
Civil Term
AMERICAN HOME SHIELD
CORPORATION
Defendant
PRAECIPE FOR DISCONTINUANCE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as settled and discontinued,
with prejudice,
Dated: April 6, 1998
_ r1l111v._
YJ'{~ --
-
hilip J, 1urren
Counsel for Plaintiffs