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HomeMy WebLinkAbout03-5983JASON SHEFFER and JESSICA SHEFFER, husband and wife, Plaintiffs FETROW INSURANCE ASSOCIATES, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 6-q 8&VlL JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABII JTIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JASON SHEFFER and JESSICA SHEFFER, husband and wife, Plaintiffs FETROW INSURANCE ASSOCIATES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the plaintiffs, Jason Sheffer and Jessica Sheffer, husband and wife, by and through their counsel, R. Mark Thomas, Esquire, to file this Complaint and in support thereof respectfully aver: 1. ?laintiffs are husband and wife residing at 13 Fairfield Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant, Fetrow Insurance Associates is an Insurance Agency licensed to procure insurance coverage for residents of Pennsylvania, with its principal place of business located at 5299 E. Trindle road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about April 18, 2002 plaintiffs entered into a contract to purchase real property located at 13 Fairfield Street, Mt. Holly Springs, Cumberland County, Pennsylvania which included a 2 story dwelling in which plaintiffs intended to reside. be required. 5. afford this purchase was dependent upon and flood insurance. The real property was advertised as a property for which flood insurance would Although plaintiffs had a desire to purchase this real property their ability to contingent upon the annual cost of the required 13. At settlement on the purchase of the property at 13 Fairfield Street, Mt. Holly Springs, Pennsylvania, Plaintiffs signed the lender's promissory note and issued a Mortgage in favor of the lender. 14. Plaintiffs were subsequently informed that the information submitted with the flood insurance application by Defendant was wrong and therefore the actual cost of flood insurance would be $1,717.00 per year, or $143.00 per month. 15. Had plaintiffs known the actual cost of flood insurance they would not have been able to afford the property at 13 Fairfield Street, Mt. Holly Springs, Pennsylvania and would not have purchased the property. 16. The Mortgage that plaintiffs have with Members 1st Federal Credit Union requires them to maintain Flood Insurance in the amount of $62,900.00. 17. The Mortgage is for thirty (30) years. 18. If the Flood Insurance rates remain the same throughout the period of the Mortgage plaintiffs will expend $44,940.00 amount more than the had reasonably anticipated. In addition, their monthly payment will be $124.75 more than they had planned to pay. COUNT I 19. Paragraphs 1 through 17 are incorporated herein as if set forth in length. 20. Defendant Fetrow Insurance Associates held themselves out to the general public as being experienced and knowledgeable in the field of insurance, including flood insurance. 21. Defendants owed a duty to plaintiffs to properly and correctly prepare the Flood Insurance Application. 22. Plaintiffs justifiably relied upon the services Defendant Fetrow Insurance Associates agreed to perform. 23. Defendant Fetrow Insurance Associates represented to plaintiffs that it would procure flood insurance coverage for plaintiffs in the amount of $84,000.00 for an annual premium of $219.00. 24. Plaintiffs were informed on or about July 29, 2002, that their flood insurance policy provided coverage only in the amount of $18,000.00. 25. Defendant Fetrow Insurance Associates negligently misrepresented the cost of flood insurance to cover plaintiffs' needs and negligently misrepresented the amount of flood insurance coverage which it was providing to plaintiffs. 26. The negligence of Defendant Fetrow Insurance Associates consisted of their failure to exercise the proper skill and care required of them. 27. In justifiable reliance upon the Defendant Fetrow Insurance Associates and the misrepresentations made to plaintiffs by Defendant Fetrow Insurance Associates the plaintiffs to purchase the property at 13 Fairfield Street, Mt. Holly Springs, borrowed monies Pennsylvania. 28. The costs of borrowing that money have significantly increased due to the discovery of the ~negligence of Defendant Fetrow Insurance Associates. 29. The fair market value of the property is considerably less than what plaintiffs reasonably believed it to be based upon the actual expense of flood insurance. 30. Plaintiffs are now compelled to pay the higher rate for flood insurance or they will be in default under the terms of their mortgage. WHEREFORE, plaintiffs pray this Honorable Court will grant their request for relief and award damages in the amount of $44,940.00, or in the alternative, the difference in the fair market value at its current value as compared to the amount paid by plaintiffs, plus court costs and any other relief deemed appropriate by the Court. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION We verify that the statements made in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: q/o~,/0 "~ ~/~/~.. Date: SHERIFF'S RETURN - REGULAR CASE NO: 2003-05983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEFFER JASON ET AL VS FETROW INSURANCE ASSOCIATES RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FETROW INSUP~ANCE ASSOCIATES DEFENDANT , at 1220:00 HOURS, at 5299 E TRINDLE ROAD MECHANICSBURG, PA 17055 CARLA COOK, OFFICE MANAGER, a true and attested copy of the on the 18th day of November , 2003 by handing to ADULT IN CHARGE COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 11/19/2003 R MARK THOMAS Deputy Sheriff JASON SHEFFER AND JESSICA SHEFFER, husband and wife, Plaintiffs FETROW INSURANCE ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5983 CIVIL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Kindly enter the appearance of the undersigned on behalf of Defendant, Fetrow Insurance Associates, in the above referenced matter. Respectfully Submitted, DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~;0Ngr~s4~ill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant JASON SHEFFER AND JESSICA SHEFFER, husband and wife, Plaintiffs FETROW iNSURANCE ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5983 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ellen M. Palmer, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thi - ~srj~ day o~~'~ , 2003,1 served a tree and correct copy of the foregoing document via United States First Class Mail, postage pre-paid as follows: R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 JASON SHEFFER AND JESSICA SHEFFER, husband and wife, Plaintiffs V. FETROW INSURANCE ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5983 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Sheffer c/o R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: I.D//NO. 79457 4_~,00 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant, JASON SHEFFER AND JESSICA SHEFFER, husband and wife, Plaintiffs V. FETROW INSURANCE ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5983 CIVIl, JURY TRIAL DEMANDED ANSWER WITI-I NEW MATTER The Defendant, Fetrow Insurance Associates, by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby makes answer to Plaintiffs' Complaint and in support thereof states the following: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 3 of Plaintiffs' Complaint. 4. Denied. The answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 4 of Plaintiffs' Complaint. 5. Denied. The answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5 of Plaintiffs' Complaint. 6. Denied. The answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 6 of Plaintiffs' Complaint. 7. Admitted in part. Denied in part. It is admitted only that Detbndant, Fetrow Insurance Associates, provided flood insurance quotes to the Plaintiffs relative to the subject property. The remaining allegations are denied as conclusions of law to which no further response is required. 8. Admitted. 9. Denied. The allegations and averments of Paragraph 9 of Plaintiffs' Complaint are denied pursuant to the provision of Pa. R.C.P. 1029(e). 10. Denied. The allegations and averments of Paragraph 10 of Plaintiffs' Complaint are denied pursuant to the provision of Pa. R.C.P. 1029(e). 11. Denied. The allegations and averments of Paragraph 11 of Plaintiffs' Complaint are denied pursuant to the prowsion of Pa. R.C.P. 1029(e). 12. Denied. The allegations and averments of Paragraph 12 of Plaintiffs' Complaint are denied pursuant to the provision of Pa. R.C.P. 1029(e). 13. Denied. The allegations and averments of Paragraph 13 of Plaintiffs' Complaint are denied pursuant to the prowsion of Pa. R.C.P. 1029(e). 14. Denied. The allegations and averments of Paragraph 14 of Plaintiffs' Complaint are denied pursuant to the provision of Pa. R.C.P. 1029(e). 15. Denied. The allegations and averments of Paragraph 15 of Plaintiffs' Complaint are denied pursuant to the provismn of Pa. R.C.P. 1029(e). 16. Denied. The allegations and averments of Paragraph 16 of Plaintiffs' Complaint are denied pursuant to the provismn of Pa. R.C.P. 1029(e). 17. Denied. The allegations and averments of Paragraph 17 of Plaintiffs' Complaint are denied and that after reasonable investigation the answering defendant is without knowledge or information sufficient to form a belief as to the troth of the averments of Paragraph 17 of Plaintiffs' Complaint. Strict proof thereof is demanded. 18. Denied. The allegations and averments of Paragraph 18 of Plaintiffs' Complaint are denied pursuant to the provision of Pa. R.C.P. 1029(e). COUNT I 19. The answering defendant incorporates herein by reference its responses to Paragraphs 1-18 above as fully if the same were herein set forth at length. 20-30. Denied. The allegations and averments of Paragraphs 20-30 of Plaintiffs' Complaint inclusive are denied pursuant to the provisions of Pa. R.C.P. I029(e). WHEREFORE, the answering defendant, Fetrow Insurance Associates, respectfully requests this Honorable Court to dismiss Count I of Plaintiffs' Complaint and to enter judgment in its favor together with such other relief as the Court may deem appropriate. NEW MATTER 31. The answering defendant incorporates herein by reference its responses to Paragraphs 1-30 of the Plaintiffs' Complaint as fully if the same were herein set forth at length. 32. Plaintiffs' claim may be barred by the applicable statutes of limitations. 33. Plaintiffs have failed to state a cause of action upon which relief can be granted. 34. Plaintiffs' damages, if any, were not caused in whole or in part by any act and/or omission of the defendant and/or its agents, servants and/or employees. 35. Plaintiffs did not justifiably rely upon the subject flood insurance quotes to pumhase a mortgage and/or the subject property. 36. If Plaintiff in fact relied upon the flood insurance premium quotes given by the answering defendant to purchase the subject property, the reliance was unreasonable and therefore Plaintiffs may not recover against the answering defendant. 37. Plaintiffs have failed to mitigate their damages. 38. The answering defendant reserves the right to supplement its new matter defenses to assert any available defense set forth in Pennsylvania Rule of Civil Procedure 1030. WHEREFORE, the answering defendant, Fetrow Insurance Associates, demands judgment in its favor and against the Plaintiffs together with such other relief as the phones may deem appropriate. Respectfully Submitted, DATE: MARSHALL, DENNEHEY, WARNER, By~~AN & GOGGIN ~.--~r~uc~ ivy. ~/'nl LL, ESQUIRE I/D. NO. 79457 ~4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant, VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter, and to the extent that it is based upon. information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also m~derstands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: Edward Fetrow Print Name and Title JASON SHEFFER AND JESS/CA SHEFFER, husband and wife, Plaintiffs FETROW/NSURANCE ASSOCIATES, Defendant IN THE COUR~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANiA : NO. 03~5983 C]WIL ; JURy TRIAL DEMANDED I, Ellen M. Palmer, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this d ·-' . ~ ay of~, 2003, I served a true and correct copy of the foregoing document via United States First Class Mail, postage pre-paid as fo/lows: R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Ellen M. Palmer JASON SHEFFER AND JESSICA SHEFFER, husband and wife, Plaintiffs go FETROW INSURANCE ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5983 CIVIL JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY DATE: Kindly mark the above matter settled, ended and discontinued with prejudice. Respectfully submitted, R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Attorneys fi)r the Plaintiffs ANDNOW, this /)";ti day of,~~ ,200.4, upon consideration of the foregoing Praecipe, the above referenced matter is hereby marked settled, ended and discontinued with prejudice. P~'~ff° n° t~¢:3~' /