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HomeMy WebLinkAbout13-3025 Supreme Coprt of Pennsylvania Court M C.om Pleas 61 viuc &VCS "eet ForProthonotatyUseOnly r 1 CU11tERi�l COUnt Docket No 3i. The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law,or rules of court. lxt; f . Commencement of Action: Complaint 0 Writ of Summons Petition Q Notice of Appeal Sir Transfer from Another Jurisdiction Declaration of Taking .:_ if C fl Lead Plamti s Name Lead Defendant s Name T,� STEVE4PUCHAL'O &':BE7TY�PUCHALO` y�'� }s. STATE�FAiZNI FIRE & f ® Check here if you are a Self Represented ;Pro Se) Litigant a -�.,n S. ' Name of Plaintiff/Appellant's Attornen�t`L Y , s ? ` r� F`s. ry : zQ Dollar Amount Requested: 0 within arbitration limits Are money damages requested? Yes No w � (Check one) �_ outside arbitration limits n Is this a Class Action Suit? Yes No Nature ofahe Case Place an `.`X' to theaeft;of ONE case:category that-most accurate'Wdescribes your y PRIMARY:G4SE If you;are makfi more, than one.type of claim, check the one that you consider most `important 1 - TORT (do not include Mass 7ori) CONTRACT (do not include Judgments) CIVIL APPEALS °s , Intentional r Buyer Plaintiff Administrative Agencies [ Malicious Prosecution Q Debt Collection: Credit Card Q :Board of Assessment El Motor Vehicle 0 Debt Collection Other Board of Elections x Q Nuisance Dept. of Transportation gm zk Q Premises Liability Zoning Board Product Liability (does not include Q Statutory Appeal Other g 0 mass tort) Employment Dispute: � .0 -R U 1 y ti _.: N �Y Slander /Libel/ Defamation Discrimination w� r f Employment Dispute Other Cr � Other:� �aL �� a Judicial Appeals { `F h. Q MIA - Landlord /Tenant Q Other MDJ Money Judgment O P MASS TORT Co tract/Ba`d Faith n ❑Other: Asbestos Tobacco r Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 7 Ejectment El Common Law /Statutory Arbitration r Q Other y � k ��„ M ; ❑ Eminent Domain /Condemnation El Declaratory Judgment B fi ED Ground Rent Q Mandamus 0' Landlord/Tenant Dispute 0 Non- Domestic Relations Mortgage Foreclosure Restraining Order ...... �¢,�uti;. PROFESSIONAL LIABLITY 0 Partition Quo Warranto rt' [] Dental 0 Quiet Title Replevin a =ti Via: Legal Ai�V Q Medical Q Other Other Q Other Professional: yr .__. .. _ .. .. .. ,.. JIM S� P P. 205.5 - 212010 IN THE COURT OF COMMON PLEAS'OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division STEVE A. PUCHALO and BETTY E. PUCHALO 25 Ridge Drive Carlisle, PA 17015 Case No. 13 _3,Z%5' Civil Term Civil Action V. STATE FARM FIRE & CASUALTY COMPANY One State Farm Plaza Bloomington, IL 61701 -0001 rncv M. PRAECIPE FOR WRIT OF SUMMONS :;= .< .. TO THE PROTHONOTARY /CLERK OF SAID COURT: C C Issue summons in the above case_ Writ of Summons shall be issued and forwarded to Plaintiffs. Date: 0 ?� Name: Steve Puchalo Address: 25 Ridge Drive Carlisle, PA 17015 WRIT OF SUMMONS TO: STATE FARM FIRE & CASUALTY COMPANY YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary L94, Civil Divis'on Date: .S �6 013 by Deputy w 16 3.7rpW r C'as h SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ;., .w Chief Deputy ° ��M r Richard W Stewart W r Solicitor 0MCF.OF' =$ ER'?FF r 3> - t c? °r Steve A Puchalo(et al.) -C vs. Case Number" State Farm Fire&Casualty 2013-3025 SHERIFF'S RETURN OF SERVICE 06/25/2013 Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be John Fetterman,Agent,who accepted as"Adult Person in Charge"for State Farm Fire&Casualty at c/o John Fetterman, 805 E. High Street, Carlisle, PA 17013. DAWN KELL, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, } June 26, 2013 RbNO R ANDERSON, SHERIFF (c?CountySuite Sheriff,7eleosoft,Inc. LEE E% ULLMAN, ESQUIRE � Attorneys for Defendant State Farm BARBARA E BROCKMAN, ESQUIRE`' Attorney ID Nos. 42428159147 -L�n FORRY ULLMAN ' A' fl i V� 540 Court Street PO Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777.2499 STEVE A. PUCHALO and IN THE COURT OF COMMON PLEAS BETTY E. PUCHALO, OF CUMBERLAND COUNTY, PA Plaintiffs VS . CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter, our appearance on behalf of Defendant, State Farm Fire & Casualty Company, in - the above-captioned matter, and designate 540 Court Street, P. 0. Box 542, Reading, Pennsylvania 19603, as the place where papers and notices may be served. FO LMAN Dated: 07/12/13 By: LEE E. ULLMAN, ESQUIRE BARBARA E. BROCKMAN, ESQUIRE Attorneys for Defendant State Farm C C-) -: LEE E. ULLMAN, ESQUIRE Attorneys for Defendant Statermc— rn BARBARA E BROCKMAN, ESQUIRE r'nt-n C-- r r Attorney ID Nos. 42428159147 z%=1 '* FORRY ULLMAN 540 Court Streeter -.w- �-} PO Box 542 ,,,,© 0s- Reading, PA 19603 C� 610.777.5700 / FAX 610.777.2499 STEVE A. PUCHALO and IN THE COURT OF COMMON PLEAS BETTY E. PUCHALO, OF CUMBERLAND COUNTY, PA Plaintiffs VS . CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter a Rule on Plaintiffs to file a Complaint within twenty (20) days from service of said Rule or suffer a Judgment of Non Pros . FO LMAN �' Dated: 07/12/13 By : V , EE E. ULLMAN, ESQUIRE Attorneys for Defendant State Farm R U L E AND NOW, this 5 day of � ' 2013, a Rule is entered on the Plaintiffs to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non- pros . P ry i 4 + yS.C- w Vp}�`T Ii 9V w. LEE E. ULLMAN, ESQUIRE Attorneys for Defendant State Farm BARBARA E BROCKMAN, ESQUIRE 2013 JUL 1 O [did 2: 11 Attorney ID Nos. 42428159147 CC ! L3 tta 1!COUNTY FORRY ULLMAN CUMBERLAND 540 Court Street PENNSYLVANIA PO Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777.2499 STEVE A. PUCHALO and - IN THE COURT OF COMMON PLEAS BETTY E. PUCHALO, OF CUMBERLAND COUNTY, PA Plaintiffs vs . CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, LEE E. ULLMAN, ESQUIRE, the undersigned, hereby certify that on July 17, 2012, a true and correct time-stamped copy of my Entry of Appearance as well as an endorsed Rule to File Complaint, on behalf of State Farm Fire & Casualty Company, were served upon the Pro Se Plaintiffs, by mailing the same via United States Certified Mail # and also by United States First Class Mail, postage prepaid, addressed as follows: Steve A. Puchalo 25 Ridge Drive Carlisle, PA 17015 Certified Mail #7008 1830 0000 8148 3106 Betty E. Puchalo 25 Ridge Drive Carlisle, PA 17015 Certified Mail #7008 1830 0000 8148 3113 I understand that the statements herein are made subject to the penalties of 118 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. FO Dated: 07/17/13 By: d LEE E. ULLMAN, ESQUIRE Attorneys for Defendant I I LEE E. ULLMAN, ESQUIRE rk L.61- � �`' Attorneys for Defendant State Farm BARBARA E BROCKMAN, ESQUIREi` I ME. i'R.l T H 0I'll0 Attorney ID Nos. 42428159147 21913 JUL 15 PV1 2: 4 I FORRY ULLMAN 540 Court Street CWatC3L.i\'LAND COUNT`( PO Box 542 PENNSYLVANIA Reading, PA 19603 610.777.5700 / FAX 610.777.2499 STEVE A. PUCHALO and IN THE COURT OF COMMON PLEAS BETTY E. PUCHALO, OF CUMBERLAND COUNTY, PA Plaintiffs VS . CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter our appearance on behalf of Defendant, State Farm Fire & Casualty Company, in the above-captioned matter, and designate 540 Court Street, P. 0. Box 542, Reading, Pennsylvania. 19603, as the place where papers and notices may be served. FO LMAN Dated: 07/12/13 By: LEE E . ULLMAN, ESQUIRE BARBARA E. BROCKMAN, ESQUIRE Attorneys for Defendant State Farm LEE E. ULLMAN, ESQUIRE Attorneys for Defendant State Farm BARBARA E BROCKMAN, ESQUIRE Attorney ID Nos. 142428159147 FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777.2499 I STEVE A. P=:iALO and IN THE COURT OF COMMON PLEAS BETTY E . PUCHALO, OF CUMBERLAND COUNTY, PA Plaintiffs VS , + CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 rT U-J COMPANY, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT c- ' CD TO: PROTHONOTARY OF CUMBERLAND COUNTY: , Kindly :enter a Rule on Plaintiffs to file a Complaint within twenty (20) idays from service of said Rule or suffer a Judgment of Non Pros . FO LMAN Dated: 07/12/13 By. lemlz%-^�7x EE E. ULLMAN, ESQUIRE Attorneys for Defendant State Farm R U L E AND NOW, this day of 2013,. a Rule is entered on the Plaintiffs to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non- pros . Prothono ary TRUE COPY FROM ECORD In Testimony whereof,i here unto set my hand and the seal of said Cou at Carlisle,Pa. � This I S day of 20_L f Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Steve A. Puchalo and Betty E.Puchalo 25 Ridge Drive Carlisle, PA 17015 vs. Na. C1 r State Farm Fire&Casualty Company )> One State Farm Plaza Bloomington,IL 61701 ---i Na < 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 a'gainst 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 TOYOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA*17013 Telephone: 717-249-3166. Fax: 717-249-2663 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Steve A. Puchalo and Betty E. Puchalo 25 Ridge Drive Carlisle,PA 17015 VS. ( NO. State Farm Fire&Casualty Company One State Farm Plaza Bloomington,IL 61701 I COMPLAINT Plaintiff S-6,-se A,� L A(t, by way of Complaint against the Defendant says: COUNT ONE-BREACH OF CONTRACT 1. Plaintiff, 64a 0o o k A,It ,is a resident of Cumberland County,PA,residing at �5 Ic,i �� �, CA2�; s(e 2. Plaintiff,S*&9e 4,?fke ;,(v is owner of the real property located in 3. Defendant,Sze Arc- PA VK ,is an insurance company with its Corporate office located °- �' �far,,�V'f �r and doing business in 6LWhA j Aj'T__'*Aj t�- In t_t© � Cumberland County in the Commonwealth of Pennsylvania. d 4. issued a homeowner's insurance policy to Plaintiff to insure the property located at ;5,� 'D/:V e, under policy C04 Wi 75 1 el PA (?v� s� number 3$t Bqf q j-.S" and this policy covered the premises on(date of loss) . 5. This policy specifically insured the Plaintiff against damage to llats caused by 6. On around /A A,/;11 -2©I'�?, affected the home causing damage over a large percentage of the home including damage to the t5'.Ji N 1) 2-oc�1 iAi4gfZVOM , 7. This damage was caused by a circumstance covered by the policy issued by STAze rApm- and the loss is covered by the policy. 8. The Plaintiff was fully compliant with the terms of the insurance policy both before and after the loss. 9. The damage to the property totals$ w S `g To date,the Defendant has only compensated Plaintiff for the damage in the amount of$ Y� 63, This leaves a difference still owed to the Plaintiff in the amount of 10. The preceding damages are all covered by the policy issued under number 31; 11. !'�47C PA R tk has failed to provide compensation to the Plaintiff to cover the difference between the money paid and the actual damages. That difference amounts to $Y t o[v 12. ;!�.tq4 ��rp. has failed to provide a valid reason for the partial coverage and thus 54,a_j�e pA2Nw has breached its obligations under the policy by failing to compensate the Plaintiff for his loss. WHEREFORE, Plaintiff,-0QIe 06� ok demands judgment against the Defendant, -6-,74T-cFA RAk . for the following: a. Unreimbursed damages that exist as a result of the loss that occurred around for the repair of the home in the amount of$ 41 aO,016; b. Costs of suit, interest and counsel fees; c. Such other relief the Court may deem just and proper. By: CERTIFICATION OF VERIFICATION I am the Plaintiff in the foregoing Complaint and the allegations contained therein are true to the best of my knowledge, information and belief. The said Complaint is made in truth and good faith and for the causes set forth therein. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false,I am subject to punishment. Dated: . .. _'� 0 i LEE E. ULLMAN, ESQUIRE Attorneys for Defendant -State Farm BARBARA E BROCKMAN, ESQUIRE Attorney ID Nos. 42428159147 FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19603 610.777.5700' / FAX 610.777.2499 STEVE A. PUCHALO and IN THE COURT OF COMMON PLEAS , BETTY E. PUCHALO, OF CUMBERLAND COUNTY, Pa- -" Plaintiffs r7l=; VS . CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, =-jam c o` ' Defendant JURY TRIAL DEMANDED DEFENDANT STATE FARM FIRE AND CASUALTY COMPANY' S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. ANSWER Defendant State Farm Fire & Casualty Company ("State Farm") , by and through its attorneys, Forry Ullman, files the following Answer and New Matter to Plaintiffs' Complaint: 1 . Admitted based on information and belief. 2 . Denied. State Farm lacks knowledge or information sufficient to form a belief about the truth. of this averment . 3 . Admitted in part, denied in part . It is admitted only that Defendant State Farm Fire & Casualty Company is an Illinois corporation in the business of insurance, with its principal place of business located at One State Farm Plaza, Bloomington, Illinois 61710, and that State Farm is licensed to conduct insurance business in the Commonwealth of Pennsylvania. 4 . Admitted in part, denied in part . It is admitted only that State Farm issued to Plaintiffs a Homeowners Policy of Insurance, no. 38-N8-9912-5, for their home located at 25 Ridge Road, Carlisle, Pennsylvania, effective March 28, 2012 to March 28, 2013 . The Policy provided coverage subject to the terms, conditions, provisions, limits and exclusions set forth in the policy. The remaining averments are denied. 5 . Denied as a conclusion of law. The Policy is a document in writing, and provides coverage subject to' the terms, conditions, provisions, limits and exclusions set forth in the Policy. 6. Denied as stated. It is admitted only that Plaintiffs submitted a claim to State Farm for damage to their home, which they allege occurred on May 29, 2012 . 7 . Denied as a conclusion of law. 8 . Denied as a conclusion of law. 9. Admitted in part, denied in part . It is admitted only that State Farm properly paid Plaintiffs $4, 963 . 45 for the covered damage to their property. The remaining averments are denied. 10 . Denied as a conclusion of law. 11 . Denied. State Farm paid all covered damages for , the subject loss . 12 . Denied as a conclusion of law. WHEREFORE, Defendant State Farm Fire & Casualty Company respectfully requests that this Court grant judgment in its favor and against Plaintiffs . NEW MATTER By way of further answer and defense, Defendant State Farm avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030 : 1 . Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 2 . Plaintiffs' claim is barred by the policy',s terms, conditions, provisions, limits, suit limitations and exclusions . 3 . Plaintiffs' claim may be barred by the statute of limitations, suit limitations• clause, and the doctrines of accord and satisfaction, and payment . 4 . State Farm paid all damages covered under the Plaintiffs' Homeowners Policy of Insurance for the subject claim. r 5 . State Farm properly denied coverage for the alleged water damage to Plaintiffs' dining room, pursuant to the terms, conditions, limits and exclusions of the Policy. WHEREFORE, Defendant State Farm Fire & Casualty Company respectfully requests that this Court grant judgment in its favor and against Plaintiffs . Respectfully submitted, FORRY ULLMAN Dated: 08/26/13 BARBARA E. BROCKMAN, ESQUIRE Attorneys for State Farm 1 LEE E. ULLMAN, ESQUIRE Attorneys. for Defendant State Farm BARBARA E BROCKMAN, ESQUIRE Attorney ID Nos. 42428159147 FORRY ULLMAN 540 Court Street PO Box 542. Reading, PA 19603 610.777.5700 / FAX 610.777.2499 STEVE A. PUCHALO and -IN THE COURT OF COMMON PLEAS BETTY E. PUCHALO, OF CUMBERLAND COUNTY, PA Plaintiffs VS . CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, BARBARA E. BROCKMAN, ESQUIRE, the undersigned, hereby, certify that on August 26, 2013, a true and correct - copy of the Answer and New Matter of Defendant State Farm Fire & Casualty Company was served upon the Pro Se Plaintiffs, by mailing the same via United States Certified Mail # and also by United States First Class Mail, postage prepaid, addressed as follows : Steve A. Puchalo 25 Ridge Drive Carlisle, PA 17015 Betty E. Puchalo 25 Ridge Drive Carlisle, PA 17015 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities . FORRY ULLMAN Dated: 8/26/13 : B Y BARBARA E. BROCKMAN, ESQUIRE Attorneys for Defendant STEVE A. PUCHALO and BETTY E. PUCHALO, Plaintiffs VS. ZCI; DEC i 1-11;!;-1SYLVt'i-JIA. F; 2: Of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above -action as discontinued and ended, with prejudice. Dated: i--25-2oN Respectfully submitted, DRkJR AjJb laiSrvesikauDo STEVE A. PUCHALO BETTY E. PUCHALO, Plaintiffs STEVE A. PUCHALO and BETTY E. PUCHALO, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW STATE FARM FIRE & CASUALTY No. 13-3025 COMPANY, Defendant CERTIFICATION OF SERVICE I, Steve A. Puchalo, the undersigned, hereby certify that on 2014, a true and correct copy of the Praecipe to Discontinue and End was served upon counsel for State Farm by mailing the same via United States First Class Mail, postage prepaid, addressed as follows: Barbara E. Brockman, Esquire FORRY ULLMAN P.O. Box 542 Reading, PA 19603 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: By: _14A STEVE A. PUCHALO Plaintiff