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HomeMy WebLinkAbout03-2949COMMONWEALTH Of PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT /? COMMON PLEAS Ns Q a 1 lf`7 NOTICE OF APPEAL 9 _ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below NAME OF MAG DDIST?..N.o OR NVAE?OF CU. AM AaRE?? ?I^ ? ??// ?> f? ?Y ary// - 'r SJ ZIP co6E lee n* CA* OF (Pbohriff) (ovWxwo) CLAN ?/62'w mf 570,•/ • SIGNA E OF APPEIIANT 00 HIS ATTORNEY OR AGENT LT I i7??/?Gy4?0 This block will be signed ONLY when this notation is required under Pa. R.CPJP. No. If appellant was CLAIMANT (see Pa. R.C.AJP. No. 1008L This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appeltee). PRAECIPEs To Prothonotary Enter rule upon , oppellee(s), to file a complaint in this appeal Mane of appeaeels) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appeSent or his attorney or agent RULE: To oppellee(s). Mane of appeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do rat file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing Date: Sipssture of Auhaam'y a Dw&dy AOPCSi2-so COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notlee of Appeal, Common Pleas No. upon the District Justice designated therein on (date or service)" _ _, E] by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (name] on _ _ _ El by personal service [I by (certified) (registered) mail. sender's receipt attached hereto. [I and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _ ------ _ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF _- -Signature of arriant S igr.7.tROi nf'c ! .fl. re w=' m `?qaiIf er<s tnacte -file of afficia! my commssign exF res on .._ ?c o T c. r c, Y 13 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-01 DJ Name: Her. HAROLD E. BENDER Address. 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717 532-7676 17257-0361 I MICHAEL J. LIVINGSTON 688 RIDGE RD SHIPPENSBURG, PA 17257 THIS IS TO NOTIFY YOU THAT: Judgment: El Judgment was entered for: (Name) F] Judgment was entered against: (Name) in the amount of $ 1-1 Defendants are jointly and severally liable. El Damages will be assessed on: 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) I DEF 001 Per ip?-ri C¢el W ?r bJ `5 r? Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ^ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -6-,q-OS Date S,' e' ;° , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF/JUDGMENTDt?VI0gASE rLIVINGSTON, MINAMEan ADDRESS 688 RIDGE RD SHIPPENSBURG, PA 17257 L VS. J DEFENDANT/JUDGMENT C 1 an DfiESS rAMERICAN HOME SHIELD PO BOX 849 CARROLL, IA 51401 L Docket No.: CV-0000128-03 Date Filed: 4/30/03 AMERICAN HOME SHIELD, DISMISSRD W/O PRRJUDICE on: (Date of Judgment) My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 5/29/03 10:10:32 AM G c" rn L N Cl? MICHAEL J. LIVINGSTON, : IN THE COURT OF COMMON PLEAS 688 Ridge Road, Shippensburg, PA 17253 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 03-2949 AMERICAN HOME SHIELD CIVIL ACTION -LAW P.O. Box 849, Carroll, Iowa 51401 Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Aven Carlisle, PA 170 3 (800) 990-910 IVA h Richard P. Mislitsky, '. Attorney ID #28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 MICHAEL J. LIVINGSTON, : IN THE COURT OF COMMON PLEAS 688 Ridge Road, Shippensburg, PA 17253 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 03-2949 AMERICAN HOME SHIELD CIVIL ACTION -LAW P.O. Box 849, Carroll, Iowa 51401 Defendants COMPLAINT AND NOW, comes the Plaintiff, Michael J. Livingston, by and through his Attorney, Richard P. Mislitsky, Esquire, and files the Complaint against the Defendant and in support thereof avers as follows: The Plaintiff is Michael J. Livingston, an adult individual residing at 688 Ridge Road, Shippensburg, Pennsylvania. The Defendant, American Home Shield, is believed and therefore averred to be an out-of-state corporation with its principal office in Carroll, Iowa. 3. The Defendant, American Home Shield, conducts business in Cumberland County through its agent, servant and employee, Century 21 Associates Coon and Company (Century 21), 398 East High Street, Carlisle, PA 17013. 4. At all times material hereto the Plaintiff, hired, used and employed the services of Century 21 as a realtor in the purchase of a residential property. 5. At all times material hereto the property in question, and the property purchased by the Plaintiff is situate at 688 Ridge Road, Shippensburg, PA 17257. 6. During the period leading to the transfer of the aforesaid property to the Plaintiff, representatives of Century 21 recommended to the Plaintiff that he purchase insurance to cover and insure the various systems within the aforesaid home. As a result of the recommendation as aforesaid, the Plaintiff purchased an American Home Shield Warranty, contract number 36248091. The date of purchase is listed as June 26, 2002. A copy of the four page contract is attached hereto and collectively marked as Exhibit "A". On or sometime after June 26, 2002, the Plaintiff took title to the real estate situate at the aforesaid address. 9. Prior to accepting title on the home,the Plaintiff caused the premises to be the subject of a home inspection. 10. As a result of the home inspection, Plaintiff was advised to have the furnace and heating systems specifically examined. This advice was reaffirmed by Century 21, Defendant's agent. 11. Pursuant to such advice, the Plaintiff engaged the services of professionals who advised the Plaintiff that the furnace was, for various reasons, beyond repair and had to be replaced. 12. Plaintiff duly and timely advised the Defendant that the furnace was beyond repair and needed to be replaced. 13. Plaintiff duly and timely requested that the Defendant appear and examine the furnace to confirm the need for replacement of the furnace. 14. Plaintiff duly and timely filed a claim for replacement of the furnace. 15. Despite repeated requests, the Defendant refused to honor the Agreement with the Plaintiff. 16. Plaintiff was forced to replace the furnace at his own expense as a result of the Defendant's failure to honor the terms of the contract. 17. Despite repeated and timely requests to honor the terms of the contract, the Defendants have refused to perform under the Agreement. 18. It is affirmatively averred that the Plaintiff has satisfied all conditions precedent to under the contract. 19. As a result of the Defendant's failure to perform under the Agreement, the Plaintiff has incurred various losses including but not limited to the following: a. The cost of the furnace - $2,360.00; b. The cost of inspections at $150.00; and c. $176.00 in expenses attributable to travel, copying, and phone charges incurred in reasonable attempts to have the Defendant perform under the contract. 20. In addition to the loss as set forth in the preceding paragraph, Plaintiff believes and therefore avers that he is entitled to reimbursement of reasonable attorney's fees, court costs and expenses. 21. In addition to the above losses, Plaintiff is entitled to interest at ten percent (10.00%) on $2,360.00 from the time of payment to the present. WHEREFORE, the Plaintiff prays for judgment against the Defendant in the amount of $2,686.00 plus reasonable attorney's fees and costs. submitted, Date: Y /q 0S Richard P. Mislitsky, Esquire Attorney ID # 28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date:/ O3;/_,® O' 14""?7f?'L Michael J. ivingst All Arn Au m CONFIRMATION Have you visited www ans-saies.com to order an AHS home warranty on-line ? Real Estate Professional ---Thank you for putting an American Home Shield warranty on this home. Please keep this document far your records. Review the Information below and phone us at 1-800-SEL-HOME ( 1-800-735-4663 ) will any corrections. You may also fax corrections to us at : 1-800-FAX-AHS8 f 1-800-3232478) . Again, thank you for Using American Home Shield. MOLLY GARMAN Because the AHS Contract you referred to when ordering may CENTURY 21 ASSOCIATES COON d CC not have been our most current vets on, this Contract may 39S E HIGH ST contain enhancements. Please review this most current version CARLISLE. PA 17013 Carefully. THE AMERICAN HOME SHIELD GROUP OF COMPANIES CONTKAG 1 NUMtSbW soc40tro-I AMERICAN HOME SHIELD CORPORATION IMPORTANT: For Service Call American Home Shield ONLY: 1-8C0-7764663 American Home Shield "i not reimburse for services performed without its prior approval. SECTION 1 Address of Covered Property : Listing Date : 0612612032 Listing Expiration Date : 06126)2002 666 RIDGE RD SHIPPENSB'JRG. PA 17257 Real Estate Company : CENTURY 21 ASSOCIATES COON 6 CC Home Seller : 398E HIGH ST TIMOTHY SHIRK CARLISLE, PA 17013 Real Estate Professional Submitting Application MOLLY GARMAN SECTION Home Seller : for Home Buyer and, Sea reverse side for full tams and Conditions of contract S 385.00 Singe Family Residence under 5,000 S 50.00 Somicefoapsrrapalrvlelt. The above named real estate company, it,, addition to 10910"1 to sager andlor buyer, acts as agent for AHS in connection with the sale of this home warranty pan. The pan fee to be paid at dosing includes the full amt nl of fees due and payable to AHS for plan atlmin,saation and provision of seI as wall as a relmbursament to the above-named real estate company oased on a good faith estimate of its apensos incurred in promoting, sailing, Procassing, and advenlsing the Plan. SECTION 3 available) : Closing Agent or Attorney's Name : Closing File Number : Optional Coverages for Home Buyer Only 00s 35 REFRIGERATOR 0@s 1E0 PCOUSPA COMMON EQUIP 0®s 60 SELLER HEATIACJDUCT%VORK 1 80 CLOTHES WASHER AND DRYER 04s 85 WELL PUMP Gas `160 SPAONLY 0®E 160 ADDITIONAL SPA OQ s 160 POOL ONLY S o 00 Total of Optional Coverplge(s) Selected S 385.00 Basic Coverage S 385.00 Subtotal r $ 385.oo TOTAL PRICE Proposed Closing Date (if available).: 06;2612002 Home Buyer : M,CHAEL LIVINGSTON © 2000 AHS Corp. 70 INAA59D . 2 y- In KentucKy. American Home Shield CorpaaboNSericeMaster Ir Massachusetts and Maine. American Homo Shield of N121ni Irc. In New Hampshire Amarican Hama Shield of \ irgm a, inc. In OhP..amender Home Shield of Ohio. Inc. -is contract is issued and serviced Py American Home Shield Corporation hereafter referred to as'AHS". ,41A. COVERAGE 1 During the coverage period, AHS will arrange for a quellfed sorca torMactor to raper or replace the systems and components maroons[ as Orval in accardanca with me terms and donations of this contract so long as may: A. Ara lOcalai within ma confines of the main foundation of the Mane or garage (wm the excoplon of the extend wall pump and air conditioner) and B. Become inopi due to normal water and tear; and C. Are In good working order on the efecllYe date of trio ddnerapt, sty 0. Are property Installed Throughout caw term of trtis contact for proper dlogncem. 2 This contract only ocvors single faintly resole homes (Inducing manufactured housing) under 5,000 square fast, unlaes an alternative dwelling typo 0.0 5,000 square feet to 10 000 square fast. w mutts unl+u), is applied for by phoning 800.7354683, and The appropriate fee is paid. Coverage is for awned or ronled residential property, not commo2lY property or rooidenCa9 used as buslnai inducing, Our net'imned to, day are tamers, lratarityswerty houses, and nurs.ngicare homes. 3 This contract describes the basic p snrga and 00110n9 available. For ono spacM: coverage sesetiai on your rota. gas the reverse side of thu contact Coverage Irdudes only the items stated as covered and excludes all others. Coverage is sublaa to limitations and cond ions spaciled n this coma Please read your contract carotdly. 4 Selars coverage lot the listing and sale ponied stuns upon issuance of a confirmation nJnbar by AHS. and continuas for 180 days or dose of sale or terminator of Ireting Iwinidhever occurs first). it, the avant that dose Of gala dose not occur in such 180day period, AHS may, in ion sofa deaation, extend the solar's coverage period If the application is received as a telephone application then rovaago will spit immodlatelyupon imams of a confirmation number by AHS. Seller's Coverage irrdudes items in Section C ony, and excludes all Others, unless ono HVAC option (Section D) is purchased. 5. Buyer's coverage begins at close of sale, prodded plan fora is paid to AHS. and continues for we year after close of sale 8. Lease optic coverage (available fm lasses only) bans upon acepl Of application and contract Is* by AHS and continues for one full year. B. CLSTOKIER SERVICE FOR SERVICE CALL i-600.7764663 OR hAS1T were ash nanm rrrn You must nosy AIMS for work io bat performed under this contract ore Soon as the problem 'S discovered, AHS wifi adapt service calls 24 hours a day, 7 days a week at 1-800.7764663 or online at www.ehswamaniy.com. Noses of arty malfuncton must be given to AHS prim to the expiration of this contact. 2. An authorized service professional will be concocted by AHS within four (4) hours during normal business hours end forty-eight (48) hours on wookence and holidays. The service professional will promptly contact you to schedule a mutually convenient appointment during normal business hours. AHS will determine what rewire constitute an emergency and will make reasonable efforts to expedite emergency service. If you should request AHS to perform non smargaary ssrnas oumltle of normal business hours. you will be responabp fa paymert of additional fees, ncluding overtime. 3 AHS has the right to select IV sari contractor to perform via services. AHS will not re,mburse fa sarces performed w lhwt its onor approval. 4 You wll pay $50 00 for as& trade service all. or Its actual set, wmIGM9vef is lass. Additional charges may appy to certain rapers and roplaamens. The mace service call too is for Ga& visit oy each AHS-approved contractor (except as noted in Sectior B.5) and is payable to the AHS-approved contrac101 at the time of aadh viert AHS cannot respond to a new request for serca when any previous so^dcs fas is outstanding. Failure to pay the trade sons calt fee will result n su9oension of coverage until such time as The proper tea Is paid. At MI Into. coverage wI be reinstated, but the contract period will not be extended 5 If service worlh oarformad under this contract should fail, than AHS will make Thor r9cassar,-Qoaire w tPwt an additional Two sera call foe for a Period of 90 days 3n Oats and 30 days on labor. C. COVEREC SvSTENIS AND APPLIANCES "nor Waving items are Covered for home salter and home buyer. Carlin Imr:a3 xs of liazllry apply :o covered systems and appliances ISea Section F) PLUN18I143 SYSTENI COvERED: Looks and brsa s of watt, Crain, gas, waste or vent lines. except if caused by fieezmg or roots - Toilet tanks. bowls and mechanisms (outdoes standard is heed,.vnen replacement is necessary), toilet wax Ting seals - Valise tor shower. tub. and 7lvarter, angle stops, rears and gap valves - Permanently installed sump pumps ground water only) - 3uiltdn baThwb whirlpool motor and purnp assemblies. NOT CCVERED Stoppages - Collapse a damage to water. dram gas worse or vent lines caused by freezing or rogte - Faucets and fixuas - Bathtubs and snewers - Showar enclosures and bass pane - SirMs - Toilet lice and seats - Caulking or grating - Septic tanks - Waite sofMnsre - Pressure ragulatora - Inadequate of excessive water pressure - Flaw restrictimm m hash water IMs caused by rust. corrosion or chemical deposits - Sewage alocta Pumps - Holding or storage tanks - Saunas o steam rooms - Hose blbbs - Whirlpool lam. NOTE. AHS will provde access w plumbing systems through unobstructed write, ceilings m floss, only, and xis return dha seem opening to rough Ansh condition. With respect to connate-anased plumbing systems, AHS will pay no more man $SOO per contract for *=as, diagnosis and repair or replacement. AHS's approved contractef will Jose The access Opening and nation to a rough finish condition, subject to the $500 limp indicated. 2. WATER HEATER 1Gae or Electric) COVERED. all 001110011i and part. Including cbculadng pumps, except: NOT COVERED: Solar water hooters - Sdar compomrm - Holding a awroge tanks - New - Fuel storage 10* and energy conservaton unit -Flues and vents. 3. ELECTRICA_ SYSTEM COVERED All cOmPOnWO and Parts, inducing bult4n axhauerfarn, except; NOT COVERED: Fixturos - Door palls - Alarms - Imarcome - Central vacuum system - Inadequate airing capacity - Paver failure Or surge - Garage door openers . Oiract currant (D.C.) wiring a components. KITCHEN APPLIANCES: 4. DISHWASHER COVERED All components and parts. except: NOT COVERED: Roars - Baskets - Rollers. S. GARBAGE DISPOSAL COVERED. All components and parts. including entire unit. 6. BUILT-IN MICROWAVE OVEN COVERED: AIR components and parts, except, NOT COVERED: Interior linings - Door glass - Cloche - Shelves - Portable or counter top umm - Maat probe assemblies - Rotiesenes. 7. RANGE/OVEWCOOKTOP(Gas or Eleca l COVERED. All components and parts. axcepn, NOT COVERED: Clocks (trio" they afoot lie lundian of the even) - Moat probe assemblies - Rotisseries - Racks - Handles - Knobs - Soots-halt bumors will onry be replaced with standard burners. 8. TRASH COMPACTOR COVERED. All components and caw, except; NOT COVERED: i,ook and key assemblies - Removable buckets. 0. ADDITIONAL COVERAGE FOR THE HOME BUYER OPTIONAL COVERAGE FOR THE HOME SELLER NOTE FOR SELLER* If The option is toll the following items in Section Dare subject 10 a combined $1,500 maximum coverage limitation during iha Ilall period. Seller's limiamons of liability apply 1. HEATING SYSTEM OR BUILT-IN WALL UNIT (if Main Source of Meet to Home) NOTE. Coverage available on heating and/or coding systems with nominal heating and/or Cooling Capacitive not sKaading Ave (5) tons. COVERED: All components and parts necessary fm The operator of the system (including Geothermal and/or wear source hat pumps' components and parts located within The foundation of the home or attached garage whole cool and/or heat the home). except; *NOTCOVERED Baseboard casings - Fuel smrage tanks-Portable units - Scar heating systems - Fireplaces and keyvalves - Fetere - Registers - Greco -Clocks - Timers - -am lamps - Humidifiers - Flues and vents - Improperly axed heating systems - Ohimi - Outside or underground piping and components for Geothermal and/m water source halt pumps - Wall pump -and well pump components for Geothermal and/or water source Mat pumps. NOTE BUYER ONLY AHS will pay no more than $1,500 per covered item for access, diagnosis. and report of replacement of any glycol .. hot water or steam circulating healing system. 2. AIR CONDITIONINGICOOLER NOTE Coverage ovailado on heating andlor cooing systems with nominal heating and/a coding capacities not exceeding iii IS) tons. COVERED. Ducted electric Pint al air conditioning, ducted elocThc wall air conditionirg and water avaormative declare. All components and parts, except. NOT CCVERED: Gas air conditioning systems -Condenser asings - Registers and gnle - Filters - Electronic air Joaners - Window units - Non-ducted wall units - W ter :owors - Humdillars - Roof looks m stands - Evaporative coder pads - Rues - Vents - mprop W ry antl air aonditomng unit - Chillers. 3. DUCTWORK COVERED Ducts from mating and/or coding unit :o point of attachment at registers a grills. NOT COVERED: Pagaters or grills - insulation - Asbsstcs-insuiasd ductwork - Dampers - mpropary sized ductwork. 02001 AHSCorporaton NPA098 NOTE. AHS N01 provda access to ductw:N through nobstmclod walls, ceilings or floors. fly and will return the access waning to rough finish wndlton. With respect to conciata-encased ductwork. AHS will pay no more than S500 per contract is access, diagnoses and repair or replacement. AHS's approved contactor will Boas the access operng end reLm to a rough finish condition, subject to the 5500 limit indicated. E. OPT ONAL CCVERAGE (AVAILABLE ONLY TO HOME BUYER . PON PAYMENT OF ADDITIONAL CONTRACT F=E) NOTE: HCAIE BUYER may purchase any optional wveraga to up to 30 days arts dose of sale. However. Ce wv0rags Panod snail COl OMCS UPOr rOwiPt or payment by AMS and shall expire one year after he close of 0014, and he I'mitatims of Iiedliy soaoMed In Secton F shall apply. KITCHEN REFRIGERATOR COVERED: AI components and pats, except: NOT COVERED: Roots - Shelvs4 - Its makers. Ice crushers, beverage dispensers and their respective equipment - Interior thermal shells - Food spoilage - treaters which are not an integral part of Brie refrigerator. WASHER/DRYER PACKAGE: 2a. CLOTHES WASHER COVERED : All components and parts. except; NOT CCVERED: Plestc min,-tubs - Scap dispensers - Filar sasan$ - Knobs and Jees - Damage to oohing. 2b. CLOTHES DRYER COVERED: All components and pets, axi NOT COVERED: Vantng - Jm sma ins - Knobs and dials - Damage to dotling. 3 WELL RUMP COVERED- AP wmpmens and pans of well pump utilized to main dwelling only, excepC NOT COVERED: 'Nell casings - Pressure tanks - Piping a electrical lines leading to a wending pressure tank and main dwelling - Molding or storage tanks - RadnOing of Nails - Booster pumps - Was pump and wall pump components for Geothermal andior water source heat pumps. 4 POOL AND/OR SPA EQUIPMENT COVERED: Broth pod are spa equipment (inducing portable spa, exterla hot tub and whirlpool are dovered If toy UUSte common equipment. If toy do not uteize commm equipment, then mly one or he otter is covered unless an addtmal coverage fee is paid. Coverage applies to ail compmens and pare of to Noting, pumping and Albatim systems.. pod Sweep motor and pump, except NOT COVERED Lights - Llnors- C4ndrete-oncasod or mtlerground elociftal. plumping or gas Imes - Stuctural defects -Solar equipment. Jots -Fuel storage tanks -Covers and disposable filiation modums - Saw or detachable clearing egUlpmrt Irduding Pool Sweeps, pop-up heads, turbo valves and he like. -F LIMITATIONS OF LIABILITY The following are not covered for the horror sallor offer the first 30 days after the close cf saw for the home buyer; a) maifinption a improper oparatim due in rust or wrlosem of appliances, heating systems (including built-in well was or heat pumps) and/or air wndtlming systeme/wdars or pools/spas; b) collapsed ductxork 2 AHS s rot responsible for prodding w doting access to covered items excels as noted in Sal C and D. 3 You may be charged an additional lea by the repair contactor te depose of an old applianeo system or competent. inducing, but nor limited to the following items condensing units, avapaata coils, compressors. capacitors, rafrlgarattrs, heaters, hot well heaters, and Shy "am or appliance which wnwins dangerous or hazardous matenala. 4 AHS is not esponside for restoration of any wall covemgs, foe covermgs, cadnats. counter tops. ring, Pont, a me like, nor the repair of any warratc dafods 5 E-ac:rmic, :omputarized, or energy management systems a devices, a lightli and aoplial mansgemart systems are rot avarod 6 AHS Is not liable fa consequential or s4 radar, damages nor for failure to provde :imi service due to wrdi dims beyond its control, inducing, but not t ifted It, delays in obtairing parts or equipment and labor difficultes. AHS Is not I-abie for repair of wrnpitons caused by chemical a sedimentary bu.ld ,p. misuse a abuse. failure to dean or maintain, missing pars, structural chrges. fire, treating, elecacal failure or surge water damage, lightning, mud, aa•hquake soil movement, storms. accidents, pat damage, post damage, acs of rod, or faAaa due to 44cassive or inadequate water pressure. )-8 AHS has we sole right to date"ma whams a covered appliance. system a component mil be faporac or replaced. AHS is respmelbla for installing replacement eqLianrt of sill Issues. capacity and esciancy, but rot for matchirg dimensions, turd. or wee. AHS is not responsible for upgrades nor for the cost of constructor, carpal or other modifications made necessoryby oxlstng oquiomi a installing different aquipmant AHS is rot ial for repairs related to eadecuaay or lack of call improper irstallaton, prowous roli or design, and any modification to the system a aopl'arce. AMS does nor perform routine maintenance 10. AHS reserves the right to obtain a.secMd opinion at do expense. 11. AHS is not resporelbla for repair or ropiaconam of systems and appliances classified "a manufecdser as oornnerdal. 12. AMS is not responsible for repairs arising tom manufacture's recall of covered items x any items while $11 under an existing m ntifadtbrers, disvebutor's, ov,n-homa warranty. 13. AHS rosaries he riyltb offer cash back in lieu of repair or replacement in the amount of AHS's actual cost to repair or replace such item. G. BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS AMS Ia not responsible for Wyupgraas, work of costs required to comply with any federal, $tate a IOC 1 taws, rogualols or ordinances or u Ay regulations, N to moot current building or zoning wde$ requirements. a to Correa for 0040 violations. AHS is not responsible for Service wiwln permits cannot be obbal nor will it pay any costs relating to permits. AHS will not contract to perform sernce nor pay costs involving hazardous a toxicmateriels a oeboa oo. no, will it pay costa related to from recapture or the 0leposel Of 1`8519erann a cmtar mares. H. MULTIPLE UNITS AND INVESTMENT PROPERTY 1. If this contract is for duplex, triplex, or fawplax dwelling, own ovary unit within such owelfing must be protected by an AHS contract fa protection to apply to common systems. Should any unit wiriin such dwelling not be protected by an AHS contract. than there is no protection for common systems. 2. If his m tact is for a dwelling within a multiple nnh of 5 duwlsng units a nnpre. awn onry items widened within the Confines of ash Individual unit we Protected. Common systems and appliances are excluded. 3. Except as other4tse provided in the sactim, common systems and appliances are not protected. I. TRANSFER OF CONTRACT 8 RENEWALS 1. If the Covered property Changes WerMiP during the CMMCI Period, Phil cell 1400.7354663 for further Ir Jim IS lm to aawfer eGwarage to the maw eves. 2. This rmaact may be renewed at the option of AHS and More permitted by state law. In that svam, you will be notified of die prevailing rates and terms for renewal. J. CANCELLATION This convect shall be non-cancallable. except AHS may cancel for the fdlowng reasons: 1. nonpayment of comae teas; 2. fraud or misrepresentation of to= mstarial to vie issuance of tMs convect; or 3. when convect is for listing coverage and dose of sals does not cc, I. if this is contract 14 Cantu the provider of fords "I be antifed to a pro raw refund of tiro paid Contract fee for the unexptrad term, less an administrative fee and any sai Corm incurred by AHS K. MISCELLANEOUS New Hampshire resident only-Amandatory Endorsement: TRADE SERVICE CALLS A. In the case of a covered heating system malfwetim during periods of cold weather, trade service calls will be dispatched by AMS to a service technician within we (1) hour following Contract holders notifying AHS of melfuncton. B. It. with respect to A., no meaningful service is initiated within the 141our time lima speciflad and the Contract holder has been rsasonal avededs wimp such time lima for service to be performed, the Cmi ad holder may engage nit own service contractor at AHS's expense. GRIEVANCES Any New Hampshire resident who is aggrieved by any act a omission of AHS a its agents may register a complaint with the Now Hampshire Insurance Department. Concord, New Hampshire 03301, a cry phone at 1.800-852-3416. Ohio residents only - Mandatory Endorsement: This cettract is cam-cancadarxa bypurvill or person entitled to benefits under to contract. Varmat raskents Only drie Will service contract holder returns the contract within 20 days of receipt of the contract and if no claim has been made under the contract. then the wemact holder may obtain a rerwd of he fdn Purchase once Of line contract D2001 AHSCorporaton NPA398 fU 117-243-5325 FROM AMtKIlAN MUMt SMlt Z0JUNU2 1319t5T 9771QUIK FAUL ******************************************************************************* A M E R I C A N H 0 M E S H I E L D E S C R O W D E M A N D 1-800-SEL-HOME 1-800-735-4563 ******************************************************************************* * Real Estate Company: * CENTURY 21 ASSOCIATES COON 6 CO * 396 E HIGH ST * CARLISLE, PA 17013 * Agent: MOLLY GARMAN Closing file number: Expected date of close 06/26/2002 Buyer name MICHAEL ,J LIVINGSTON Prop Addr 588 RIDGE RD SHIPPENSBURG, PA 17257 **************************************** Make check American Home Shield payable to: P.O. Box 2803 Memphis, TN 38101-2803 **************************************** * * * Write this number on check: 36248091 * * Optional Coverages for Buyer only ------------------------------------- 0 @ $35.00 Refrigerator 0 @ $160.00 Pool/Spa Common Equip 0 @ $60.00 Seller Heat/Ac/Ductwork 0 @ $80.00 Clothes washer And Dryer 0 @ $65.00 Well Pump 0 @ $160.00 Spa Only 0 @ $160.00 Additional Spa 0 @ $160.00 Pool only ------------------------------------- $0.00 : Total of Selected options $385.00 : Basic Coverage ------------------------------------- $385.00 : Amount to Collect Dwelling: Single Family Residence Product: American Home Shield Warranty - Buyer Only * * Printed: June 26, 2002 : 01:18Pm * Detach and give to the buyer * * For repairs on your covered major systems and appliances call * 1-800-776-4663 24 hours a day. * * * American Home Shield Contract 136248091 * * ******************* E N D O F F A X M E S S A G E ******************* i /hickaeC ?. Civtnyscan Bobcat O. 4vinystOM bglOO 308 No - ?? . ? r?1th ?'7?ic4fxson School 'Rd j?mlib&;b417013 .* .o >.Ly co the /f s I $ >aacO 1 1 go _ 204 5"A rH 6 3 8 5%&' =S. a . ]. M]TLV.]MI A )! .__.JYY ^I `?ut ? . G?j 11// _r 1:03L3L50361:0 0 41363L0 0 204 ,o c,. -n p.. C1 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02949 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIVINGSTON MICHAEL J VS AMERICAN HOME SHIELD JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AMERICAN HOME SHIELD DEFENDANT , at 1515:00 HOURS, on the 15th day of July at C/O CENTURY 21 CARLISLE, PA 17013 398 EAST HIGH STREET by handing to the 2003 SHAWNDELL STARUH, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this L 'E day of 03 A. D. gyn. rbthonotary So Answers: R. Thomas Kline 07/16/2003 ROBERT LININGSTON By: p I uty Sheriff MICHAEL J. LIVINGSTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2949 vs. AMERICAN HOME SHIELD, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: Michael J. Livingston c% Richard Mislitsky, Esquire One West High Street PO Box 1290 Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: Sopreme Court I.D. #29940 15 East: Trindle Road Mechanicsburg, PA 17050 (717) 691.5400 Attorney for Defendant MICHAEL J. LIVINGSTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2949 vs. AMERICAN HOME SHIELD, CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW come Defendant American Home Shield by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Answer to Plaintiffs' Complaint, as follows: 1. Admitted. 2. Admitted. 3. Denied. Century 21 Associates Company is not an agent of American Home Shield. 4. Denied. After reasonable investigation, Defendants do not have sufficient information to either admit or deny what Plaintiffs used the services of Century 21 Associates Coon and Company for, and, therefore, such portions of the paragraph are deemed denied and strict proof thereof is demanded at trial. 5. Admitted. 6. Denied. After reasonable investigation, Defendants do not have sufficient information to either admit or deny what Plaintiffs used the services of Century 21 Associates Coon and Company for, and, therefore, such portions of the paragraph are deemed denied and strict proof thereof is demanded at trial.. 7. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny why Plaintiff purchased a warranty on the house and, therefore, such portions of the paragraph are deemed denied and strict proof thereof is demanded at trial 8. Admitted upon information and belief. 9. Admitted. 10. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny what plaintiff learned from the home inspector and, therefore, such portions of the paragraph are deemed denied and strict proof thereof is demanded at trial. 11. Denied. After reasonable investigation, Defendant does not have sufficient information to either admit or deny why Plaintiff engaged the services of professionals or what advice the professionals rendered and, therefore, such portions of the paragraph are deemed denied and strict proof thereof is demanded at trial. 12. Denied. Plaintiff contacted Defendant and was advised that Defendant did not provide coverage for items that did not work properly at the time they entered into the contract. 2 13. Denied. Plaintiff contacted Defendant and was advised that Defendant did not provide coverage for items that did not work properly at the time they entered into the contract. 14. Denied. Plaintiff contacted Defendant and was advised that Defendant did not provide coverage for items that did not work properly at the time they entered into the contract. 15. Denied. Defendant contractually was not obligated to provide coverage. 16. Denied. The averments set forth in paragraph 16 of Plaintiffs Complaint are denied as the Agreement is a written document which speaks for itself. To the extent that a response is required, Defendant at all times honored the terms of the contract. Said contract did not include a provision for replacement of items that were not operational at the signing of the contract. 17. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 18. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 19. Denied. It is denied that Defendant has failed to perform under the Agreement. Also, after reasonable investigation, Defendant does not have sufficient information to either admit or deny what costs Plaintiff has incurred in repairing the 3 furnace and, therefore, such portions of the paragraph are deemed denied and strict proof thereof is demanded at trial. 20. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 21. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. The claim that Plaintiff is entitled to interest at ten percent (10%) is without support. WHEREFORE, Defendant respectfully requests this Court enter judgment for Defendant and against the Plaintiff and award all costs and fees associated in defending this action and any other relief the Court deems appropriate. NEW MATTER 22. Defendant incorporates herein its responses to Paragraphs 1 through 21 above as though set forth at length. 23. Section A (1) (C) of the contract between Plaintiff and Defendant, which is attached to Plaintiffs Complaint, provides for coverage for systems and components that "are in good working order on the effective date of this contract." 24. It is believed and therefore averred that the furnace was defective and not in good working order before the date of the contract. 4 25. Because the furnace was not in good working order as of the date of the contract, the furnace is not covered by the contract. 26. Because the furnace is not covered under the contract, Defendant does not have a duty to repair or replace the furnace. WHEREFORE, Defendant respectfully requests this Court enter judgment for Defendant and against the Plaintiff and award all costs and fees associated in defending this action and any other relief the Court deems appropriate. Respectfully submitted, FENSTERMACHER AND ASSOCIATES. P.C. Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Defendants DATED: A i7 5 VERIFICATION We, American Home Shield, hereby certify and verify that the facts set forth in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are subject to the penalties of 18 Pa. C. S, §4904 relating to unsworn falsification to authorities. (I/)),)) -x1(0,ll,/r)41 American Home Shield DATE: q - 19- O 3 CERTIFICATE OF SERVICE AND NOW, on this ' z day of September, 2003, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Defendants' Answer and New Matter to Plaintiffs' Complaint by mailing a true and correct copy by United States first class mail, addressed as follows: Richard Mislitsky, Esquire One West High Street PO Box 1290 Carlisle, PA 17013 G ca *? 5: 'C?z' ' S.? iYl --1 ;'-?? . FT 'U -S' • _. '. tiJ _ ) ? `'l ?xi '? - '3 tV -G MICHAEL J. LIVINGSTON, : IN THE COUR'C OF COMMON PLEAS 688 Ridge Road, Shippensburg, PA 17253 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 03-2949 AMERICAN HOME SHIELD CIVIL ACTION -LAW P.O. Box 849, Carroll, Iowa 51401 Defendants PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Michael J. Livingston, by and through his Attorney, Richard P. Mislitsky, Esquire, in response to the Defendant's New Matter as follows: 22. No response is required pursuant to the Pennsylvania Rules of Civil Procedure. 23. Denied. If the statements from paragraph 23 are intended to mean that the claim was not insured by the contract, Plaintiff denies same and demands strict proof at time of trial. For further answer, the system in question was covered under the contract, as the terms and the language of the contract were explained to the Plaintiff. 24. Denied. The furnace in question was covered under the terms of the contract. Strict proof to the contract is demanded at time of trial. 25. Denied. The averments contained in paragraph 25 are conclusions, which require no response pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof is demanded at time of trial. 26. Denied. The averments contained in paragraph 26 are conclusions, which require no response pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof is demanded at time of trial. WHEREFORE, Plaintiff respectfully requests judgment in his favor. Date: )Q I) J03 E. ,vubIlLSKy, esquire Attorney ID # 28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 Attorney for Plaintiff c; ?-> ;- ,. .: _, - ?; ., - G ??= ;-, , ` ? ' _x. `: ? '? - = ,.,, i' r -:i -> -. CTS VOW i,' Law Office of Richard P. Mislitsky One West High Street P.O. Box 1290 Carlisle, Pennsylvania 17013 Telephone(717)241-6363 Pax (717) 249-7073 MICHAEL J. LIVINGSTON, 688 Ridge Road, Shippensburg, PA 17253 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMERICAN HOME SHIELD P.O. Box 849, Carroll, lowa 51401 Defendants NO. 03-2949 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard P. Mislitsky, Esquire, counsel for the plaintiff in the above action respectfully represents that: The above-captioned action is at issue. The claim of the plaintiff in the action is $2,686 plus interest. The counterclaim of the defendant in the action is - 0 - None. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Richard P. Mislitsky John Fenstermacher Ed Schorpp WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Res tf ly subltte , W 4 ORDER OF COURT AND NOW, JO<V 20, in consideration of the foregoing E sq., petition, 21? ?/ E(/ sq., and '?? Esq., are appointed t arbitrators in the above captioned action (or actions) as prayed for. By the Court, i(/^ P.J. b 2"CJ F' MICHAEL J. LIVINGSTON, PLAINTIFF V. AMERICAN HOME SHIELD, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2949 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Jerry Duffie, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, .. 1 /Jerry Duffie, Esquire Edgar B. Bayley, J. Court Administrator :sal 0P, Nfaded pK8 CrIt OD w ,r C%i N C? c?v c3 ..a .'t. MICHAEL J. LIVINGSTON, 688 Ridge Road Shippensburg, PA 17253 Plaintiff V. AMERICAN HOME SHIELD, P.O. Box 849 Carroll, IA 51401 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-2949 CIVIL ACTION - LAW Praecipe to Settle, Discontinue, and End TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued, and ended. Date: (b 1 0 -7 JA Richard P. Mislitsky, Esquire I.D. No. 28123 One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 Attorney for Plaintiff -fto MICHAEL J. LIVINGSTON, 688 Ridge Road Shippensburg, PA 17253 Plaintiff V. AMERICAN HOME SHIELD, P.O. Box 849 Carroll, IA 51401 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-2949 CIVIL ACTION - LAW Certificate of Service I, Juli C. McGreevy, an employee of the Law Office of Richard P. Mislitsky, do hereby certify that I served a copy of the foregoing Praecipe to Settle, Discontinue, and End upon all parties of record via United States Certified First Class Mail, postage prepaid, addressed as follows: John R. Fenstermacher, Esquire 5115 East Trindle Road Mechanicsburg, PA 17050 Date: „[a ?G her O)N By: '(& %4 La ffice of Richard P. Misfits I.D. No. 28123 One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 ?n ?"tlr CP