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HomeMy WebLinkAbout05-3212 Victoria N. Wheeler, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OS ~ 3)"IL CIVIL 2005 : CIVIL ACTION LAW Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 II I' Victoria N. Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. cJ5 - .3.1-I:L CIVIL 2005 v. Tony R. Mann, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : CIVIL ACTION LAW : JURY TRIAL DEMANDED COMPLAINT 1. Victoria N. Wheeler is an adult individual currently residing at 109 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. Tony R. Mann is an adult individual with a last known business address of 964 Anthony Highway, Chambersburg, PA 17201. 3. Elite Insurance and Financial Services is a Pennsylvania business believed to be owned and operated solely by Tony R. Monn with a last known business address of 964 Anthony Highway, Chambersburg, PA 17201. 4. Friends Cove Mutual Insurance Company is a Pennsylvania insurance company with a business address of 500 East Pitt, P.O. Box 646, Bedford, PA 15522. 5. In 1997 the Plaintiff Victory N. Wheeler, hereinafter Wheeler, purchased real estate located at 109 Lee Ann Court, East Pennsboro Township, Cumberland County, Enola, Pennsylvania 17025. 6. At the time of the home purchase Wheeler did purchase a homeowner's insurance policy which policy remained in effect until approximately July 1999. 7. In July 1999 Wheeler relocated to a separate home in the Enola area but maintained the Lee Ann Court property and converted the use of the building from a primary single-family residential use to a tenant occupied use. 8. At the time of this change Wheeler continued to maintain the homeowner's insurance policy on the property. 9. In late 2000 Wheeler refinanced the Lee Ann Court property and was told, at the time of the refinance, that needed to convert her homeowner's insurance policy to a landlord policy because she was not residing on the premises. II 10. At about that time Wheeler retained the services of Defendant Tony R. Monn through his business, Elite Insurance and Financial Services. 11. Tony R. Monn held himself out as an insurance broker and sophisticated insurance agent and placed a landlord policy with Defendant Friends Cove Mutual Insurance Company. 12. At all times relevant hereto Wheeler did pay premiurns through Tony R. Mann to Friends Cove Mutual Insurance Company to maintain the landlord policy on the home. 13. In July 2003 on or about July 1, 2003 Wheeler did call Defendant Monn personally and indicated to him that she had moved back into her home at 109 Lee Ann Court and that she requested Defendant Mann to convert the landlord policy to a homeowner's policy. 14. Sometime thereafter Wheeler did receive a new policy in the mail from Defendant Monn and Defendant Friends Cove Mutual Insurance Company which she assumed was a homeowner's policy which would provide contents coverage in the event of fire loss. 15. At all times relevant hereto Wheeler continued to pay premiums to Defendant Monn and Defendant Friends Cove Mutual Insurance Company at an enhanced rate from her prior policy thus again reinforcing her belief that she now had a homeowner's insurance policy which included contents protection. 16. On or about May 14, 2004 Wheeler did suffer a fire loss at her home which loss included damage to Wheelers contents. 17. Immediately after the fire Wheeler was informed by Defendant Mann and Defendant Friends Cove Mutual Insurance Company that Wheeler had no contents coverage written on her property. 18. As a result of the fire Wheeler and the Defendants did hire Tuckey Restoration, a Carlisle Company specializing in fire restoration. 19. As a result of the fire loss Wheeler has received invoices in excess of $12,600.00 which money relates directly to the fire loss. 20. Despite repeated demand Defendant Mann and Defendant Friends Cove Mutual Insurance Company has refused to pay this sum to Tuckey's indicating that neither Defendant ever wrote contents coverage into Plaintiff Wheeler's insurance policy. As of the date of this complaint Plaintiff Wheeler has been unable to pay the total amount due to Tuckey's which amount should be paid by Defendant Mann and Defendant Friends Cove Mutual Insurance Company. If, in fact, no contents coverage exists on Plaintiff's policy such omission is solely and completely the fault and negligence of Defendant Mann and Defendant Friends Cove Mutual Insurance Company. II COUNT I NEGLIGENCE WHEELER V. MONN AND ELITE 21. Paragraph 1 - 20 Incorporated herein and reference made thereto. 22. Defendant Mann and Elite at all times relevant hereto provided insurance services to Plaintiff and held themselves out as sophisticated business men licensed and able to provide such insurance coverage to Plaintiff. 23. Solely as the result of Defendant Monn and Elite's negligence, lack of care and failure to perform required duties, Plaintiff Wheeler has suffered a loss in excess $12,000.00 which loss is solely the responsibility of Defendants due to their negligence. WHEREFORE, for all of the above reasons, Plaintiff Victoria N. Wheeler requests judgment in her favor and against Defendant Tony R. Monn and Elite Insurance and Financial Services in an amount in excess of $12,000.00 plus cost of suit. COUNT II BREACH OF CONTRACT WHEELER V. MONN AND ELITE 24. The Defendants, Mann and Elite impliedly andlor expressly warranted that they would, in good faith, provide insurance coverage to Plaintiff, Victoria N. Wheeler in accordance with the contract and abide by the terms of said contract and that in fact, they would issue a homeowner's insurance policy which would provide contents coverage to Plaintiff. 25. As a result of the breach as identified above, the Defendants, Mann and Elite, did breach their contractual duty and their warranty which breach resulted in the loss to the Plaintiff as outlined in more detail above. WHEREFORE, for all of the above reasons, the Plaintiff, Victoria N. Wheeler, requests judgment in her favor and against Defendant Tony R. Mann and Defendant Elite Insurance and Financial Services in an amount in excess of $12,000.00. II COUNT III BAD FAITH WHEELER V. FRIENDS COVE MUTUAL INSURANCE COMPANY 26. Paragraph 1 - 25 Incorporated herein and reference made thereto. 27. Defendant, Friends Cove Mutual Insurance Company wrongfully refused to pay for this loss in accordance with the policy terms requested by the Plaintiff. 28. Defendant, Friends Cover Mutual Insurance Company, has frivolously and with no proper foundation for its actions has refused to pay all applicable benefit proceeds under its policy of insurance in accordance with the terms of the policy as requested by the Plaintiff. 29. The bad faith conduct of Defendant Friends Cove Mutual Insurance Company gives rise to a cause of action pursuant to 42 Pa. C.SAS8371, et. 30. The Defendant, Friends Cove Mutual Insurance Company, failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance by reason of the aforesaid incident. 31. The Defendant, Friends Cove Mutual Insurance Company did not act in good faith to effectuate prompt, fair and equitable resolution of claims, knowing that liability was clear and coverage applies and, as a result, Plaintiff has been forced to incur expenses mentioned above to protect her interest. 32. The Defendant, Friends Cove Mutual Insurance Company failed to promptly provide a factually sound explanation for the basis of the denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 33. The Defendant, Friends Cove Mutual Insurance Company has willfully, maliciously and/or recklessly withheld benefits from the Plaintiff, do to its failure to investigate the claim thoroughly which constitutes a breach of implied covenant. 34. The Defendant, Friends Cove Mutual Insurance Company, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in not fully inquiring into the basis which might support the insured's claim of coverage. 35. The Defendant, Friends Cove Mutual Insurance Company, has deliberately acted in conscience disregard and with indifference to the rights of its insured. II 36. The Plaintiff, Victoria N. Wheeler, thereby requests all remedial relief as provided in 42 Pa. C.SAS8371, et. in payment in full of all past and future reasonable and necessary expenses arising from the loss including reasonable attorney's fees as determined by the court. WHEREFORE, for all of the above reasons, Plaintiff, Victoria N. Wheeler, requests judgment in her favor and against Defendant Friends Cove Mutual Insurance Company in an amount in excess of that requiring compulsory arbitration. A trial in the court of common pleas is therefore demanded. G/n/o,;; Date Turo Law Offices Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext 31 II VERI FICA TION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. (Q'c1t-OS- Date "------~ Victoria N. Wheeler CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Complaint, upon Friends Cove Mutual Insurance Company CEO. Dan DeArment, who is authorized to accept service, Tony R Monn, and Elite Insurance and Financial Services by depositing same in the United States Mail, first class, postage pre-paid on the 11 r!!. day of '-".I.... n L , 2005, from Carlisle, Pennsylvania, addressed as follows: Dan DeArment Friends Cove Mutual Insurance Company 500 East Pitt Street Bedford, PA 15522 Tony. R Monn 964 Anthony Highway Chambersburg, PA 17201 Elite Insurance and Financial Services Tony, R. Monn 964 Anthony Highway Chambersburg, PA 17201 TURO LAW OFFICES I/~ J/11A 0- Michael M. JerominS1<i, Esquire Supreme Court '-D. No. 92977 Turo law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 -. ~ 0\ '" ~ ~ /\0(\ -.t ....... ....l ~ ~ ~ J (f, :lJr ~ & n ,....".) ~~~~ ~53 ",," ,..-! '- (':,~ o -n '-l .,.. ni:TI r'"-~ -':JjT1 ~')Q I,) _I . :.:~ ~..=! "F~ ~-"'I ...t,?j :< @ 1'-> UJ ....;:) ---,.~ I)? N STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D, No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-mail: (717) 975-8114 (717) 975-8124 sbankolli!mar!lolisedelstein.com Attorney for Defendant, Friends Cove Mutual Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA N. WHEELER, Plaintiff NO. 05-3212 CIVIL 2005 v. CIVIL ACTION - LAW TONY R. MONN, INDIVIDUALLY AND D/B/A ELITE INSURANCE AND FINANCIAL SERVICES AND FRIENDS COVE MUTUAL INSURANCE COMPANY, : Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, FRIENDS COVE MUTUAL INSURANCE: COMPANY, TO PLAINTIFF'S COMPLAIt~T A. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE- PA. R.C.P. NO. 1028(a)(1) 1, Plaintiff commenced the above-captioned action by Complaint filed on or about June 23, 2005, and thereafter, in accordance with the Certificate of Service, served Friends Cove Mutual Insurance Company ("Friends") by depositing a copy of the Complaint in the United States Mail, first class postage prepaid, on June 23, 2005. A copy of Plaintiffs Complaint is attached hereto, incorporatt~d herein by reference and marked as Exhibit A. 2, Pa. R.C.P. No. 1028(a)(1) provides in pertinent part that a party may file Preliminary Objections to any pleading on the basis of improper service. 3. Pa. R.C.P. No. 400 provides that, generally, original process shall be served within the Commonwealth only by the Sheriff. Any exception to that general rule specifically is not applicable to this action. 4, Accordingly, Plaintiff has failed to make proper service of process upon Friends Cove as the Complaint was served by first class mail and not by the Sheriff as required by Pa. R.C.P. No. 400(a). 5. A Complaint not served in accordance with the Pennsylvania Rules of Civil Procedure is properly stricken and Plaintiff should be required to make service of original process as required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Friends Cove Mutual Insurance Company, prays this Honorable Court enter an Order striking Plaintiff's Complaint for failure to make proper service of process pursuant to Pa. RC.P. No. 1028(a)(1) as set forth in Pa. RC.P, No. 400(a). B. PRELIMINARY OBJECTION IN THE NATURE OF' A MOTION TO STRIKE- PA. R.C.P. NO. 1028/a)(2) 6. The averments contained in paragraphs 1 through 5 are incorporated herein by reference as if set forth in their entirety. 7. Plaintiff alleges generally that her claim for bad faith pursuant to Pa. R.C.P. No. 42 Pa. C.SA 98371 is premised upon the failure of Friends Cove to "pay all applicable benefit proceeds under its policy of insurance in accordance with the terms of the policy as requested by the Plaintiff." 8. Plaintiff fails to attach to the Complaint a copy of the contract which forms the -2- basis of the instant action or any writing which establishes that Plaintiff, in fact, requested any change to the terms of that policy, 9, Pa. RC.P. No. 1019 provides in pertinent part: (f) Averments of time, place and items of special damage shall be stated specifically, * * * (h) When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. (I) When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, . . . . Plaintiff has failed to comply with the requirements of Pa. RC.P. No. 1019 in that she has not attached a copy of the contract or other writing wl,ich she believes constitutes the contract as required by Pa, RC.P, No. 1019(1), nor has she set forth the specific time or date when she made such request to amend the provisions of the policy of insurance issued by Friends Cove to Plaintiff. 10. Plaintiff's Complaint, therefore, fails to comply with rule of law or rule of court and, therefore, is properly stricken pursuant to Pa. RC,P. No, 1028(a)(2), WHEREFORE, Defendant, Friends Cove Mutual Insurance Company, prays this Honorable Court enter an Order pursuant to Pa. RC.P. No, 1028(a)(2) striking Plaintiff's Complaint for failure to comply with the requirements of Pa. RC.P. No. 1019. C. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER - PA. R.C.P. NO. 1028(al(4) 11. The averments contained in paragraphs 1 through 10 are incorporated herein by reference as if set forth in their entirety. -3- 12. In Count III of her Complaint, Plaintiff makes a claim against Friends Cove for bad faith damages pursuant to 42 Pa. C.S.A. 98371. She does not however, make any other claim for breach of contract or negligence. 13. 42 Pa. C.SA 98371 provides in pertinent part: In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith towards the inSUrE!d, the court may take all of the following actions.... 14. The essential element of a claim for bad faith is that there is an action "arising under an insurance policy." 15. Plaintiff has not attached a copy of the insurance policy under which her alleged claim lies against Friends Cove. 16. Moreover, in paragraph 28 of her Complaint, Plaintiff sets forth that Friends Cove has failed to act in accordance "with the terms of the policy as requested by the plaintiff," 17. By virtue of her own allegation, Plaintiff admits that her action does not arise under an insurance policy, but, rather, that such action arises out of what she intended the policy to be, even though she attaches no writing or otherwise makes no specific averment of how the policy which was actually written should have been modified. 18. For the reasons stated above, Plaintiff's claim for bad faith against Friends Cove fails to state a cause of action upon which relief may be granted and is properly dismissed pursuant to Pa. R.C.P. No. 1028(a)(4). WHEREFORE, Defendant, Friends Cove Mutual Insurance Company, prays this Honorable Court enter an Order dismissing Plaintiff's claim for bad faith damages -4- against Defendant, with prejudice, pursuant to Pa, RC,IP. No. 1028(a)(4) for failure to state a claim upon which relief may be granted, B. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE - PA. R.C.P. NO. 1028Ia)(7.1 19, The averments contained in paragraphs 1 through 18 are incorporated herein by reference as if set forth in their entirety. 20. Pa. RC.P, No, 1018.1 provides in pertinent part that every Complaint filed by Plaintiff: , , . shall be given with a notice to defend in substantially the form set forth in sub.division (b), 21. The "Notice to Defend and Claim Rights" attached to Plaintiff's Complaint fails to comply with the requirement of Pa, R.C,P, No, 10'18,1 (b) as it does not contain the required notice to defend in substantially the same form set forth in the above- referenced Rule of Civil Procedure, 22, Accordingly, Plaintiff's Complaint is properly stricken pursuant to Pa. RC.P, No, 1028(a)(2) for failure to conform to law or rule of court. WHEREFORE, Defendant, Friends Cove Mutual Insurance Company, prays this Honorable Court enter an Order striking Plaintiff's Complaint for failure to comply with -5- Pa. RC.P. No. 1018.1 as set forth in Pa. R.C.P. No. 1028(a)(2). Date: July \ \ ,2005 MARGOLIS EDELSTEIN ~\ By: St h L. Banko, Jr., Esquire Attorney No. 41727 Counsel for Defendant, Friends Cove Mutual Insurance Company -6- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the /1 day of \Z+ 2005, and addressed as follows: Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiff) Tony R. Monn 964 Anthony Highway Chambersburg, PA 17201 (Defendant) Elite Insurance and Financial Service's c/o Tony R. Monn 964 Anthony Highway Chambersburg, PA 17201 (Defendant) J1~--- 70(. ~ Barbara J. Smith, Secretary " , i Victoria N. Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0:'-' ];"/L CIVIL 2005 : CIVIL ACTION LAW v Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you rnay request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (") '" c: = 0 = ;:;.0. <.n -n " i';,;' <- --l ,-,., c:: :c -:c:" ;;c n,:n r.- r- " N -r;:;iT: -,;' W :::)0 ~ cJ(~ l~~ --;. , -0 ::r:.T'1 <C, (-..) ::.: r-:;" j;;. ....0. >(''5 -, r::> cY'll 2.: ~ ,_4 -< .,~ w .CO .-< H , Victoria N, Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CIVIL 2005 Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : CIVIL J~CTION LAW : JURY TRIAL DEMANDED COMPLAINT 1. Victoria N. Wheeler is an adult individual currently residing at 109 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. Tony R. Monn is an adult individual with a last known business address of 964 Anthony Highway, Chambersburg, PA 17201. 3. Elite Insurance and Financial Services is a Pennsylvania business believed to be owned and operated solely by Tony R. Mann with a last known business address of 964 Anthony Highway, Chambersburg, PA 17201. 4. Friends Cove Mutual Insurance Company is a Pennsylvania insurance company with a business address of 500 East Pitt, P.O. Box 646, Bedford, PA 15522. 5. In 1997 the Plaintiff Victory N. Wheeler, hereinafter Wheeler, purchased real estate located at 109 lee Ann Court, East Pennsboro Township, Cumberland County, Enola, Pennsylvania 17025. 6. At the time of the home purchase Wheeler did purchase a homeowner's insurance policy which policy remained in effect until approximately July 1999. 7. In July 1999 Wheeler relocated to a separate home in the Enola area but maintained the Lee Ann Court property and converted the use of the building from a primary single-family residential use to a tenant oc:cupied use. 8. At the time of this change Wheeler continued to maintain the homeowner's insurance policy on the property. 9. In late 2000 Wheeler refinanced the Lee Ann Court property and was told, at the time of the refinance, that needed to convert her homeowner's insurance policy to a landlord policy because she was not residing on the premises. 10. At about that time Wheeler retained the services of Defendant Tony R. Mann through his business, Elite Insurance and Financial Services. 11. Tony R Monn held himself out as an insurance broker and sophisticated insurance agent and placed a landlord policy with Defendant Friends Cove Mutual Insurance Company, 12. At all times relevant hereto Wheeler did pay premiums through Tony R. Monn to Friends Cove Mutual Insurance Company to maintain the landlord policy on the home. 13. In July 2003 on or about July 1, 2003 Wheeler did call Defendant Monn personally and indicated to him that she had moved back into her home at 109 Lee Ann Court and that she requested Defendant Monn to convert the landlord policy to a homeowner's policy. 14. Sometime thereafter Wheeler did receive a new policy in the mail from Defendant Monn and Defendant Friends Cove Mutual Insurance Company which she assumed was a homeowner's policy which would provide contents coverage in the event of fire loss. 15. At all times relevant hereto Wheeler continued to pay premiums to Defendant Monn and Defendant Friends Cove Mutual Insurance Company at an enhanced rate from her prior policy thus again reinforcing her belief that she now had a homeowner's insurance policy which included contents protection. 16. On or about May 14, 2004 Wheeler did suffer a fire loss at her home which loss included damage to Wheelers contents. 17. Immediately after the fire Wheeler was informed by Defendant Mann and Defendant Friends Cove Mutual Insurance Company that Wheeler had no contents coverage written on her property. 18, As a result of the fire Wheeler and the Defendants did hire Tuckey Restoration, a Carlisle Company specializing in fire restoration. 19, As a result of the fire loss Wheeler has recE!ived invoices in excess of $12,600,00 which money relates directly to the fire loss. 20. Despite repeated demand Defendant Monn and Defendant Friends Cove Mutual Insurance Company has refused to pay this sum to Tuckey's indicating that neither Defendant ever wrote contents coverage into Plaintiff Wheeler's insurance policy. As of the date of this complaint Plaintiff Wheeler has been unable to pay the total amount due to Tuckey's which amount should be paid by Defendant Monn and Defendant Friends Cove Mutual Insurance Company. If, in fact, no contents coverage exists on Plaintiff's policy such omission is solely and completely the fault and negligence of Defendant Monn and Defendant Friends Cove Mutual Insurance Company. COUNT 11\ BAD FAITH WHEELER V. FRIENDS COVE MUTUAL INSURANCE COMPANY 26, Paragraph 1 - 25 Incorporated herein and reference made thereto. 27, Defendant, Friends Cove Mutual Insurance Company wrongfully refused to pay for this loss in accordance with the policy terms fI:lquested by the Plaintiff. 28, Defendant, Friends Cover Mutuallnsuranc:e Company, has frivolously and with no proper foundation for its actions has refused to pay all applicable benefit proceeds under its policy of insurance in accordance with the terms of the policy as requested by the Plaintiff. 29. The bad faith conduct of Defendant Friends Cove Mutual Insurance Company gives rise to a cause of action pursuant to 42 Pa. C.SAS8371, et. 30. The Defendant, Friends Cove Mutual Insurance Company, failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance by reason of the aforesaid incident. 31. The Defendant, Friends Cove Mutual'nsurance Company did not act in good faith to effectuate prompt, fair and equitable resolution of claims, knowing that liability was clear and coverage applies and, as a result, Plaintiff has been forced to incur expenses mentioned above to protect her interest. 32. The Defendant, Friends Cove Mutual Insurance Company failed to promptly provide a factually sound explanation for the basis of the denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 33. The Defendant, Friends Cove Mutual Insurance Company has willfully, maliciously and/or recklessly withheld benefits from the Plaintiff, do to its failure to investigate the claim thoroughly which constitutes a breach of implied covenant. 34. The Defendant, Friends Cove Mutual Insurance Company, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in not fully inquiring into the basis which might suppoli the insured's claim of coverage. 35. The Defendant, Friends Cove Mutual Insurance Company, has deliberately acted in conscience disregard and with indifference to the rights of its insured. II 36. The Plaintiff, Victoria N. Wheeler, thereby requests all remedial relief as provided in 42 Pa. C.SAS8371, et in payment in full of all past and future reasonable and necessary expenses arising from the loss including reasonable attorney's fees as determined by the court. WHEREFORE, for all of the above reasons, Plaintiff, Victoria N, Wheeler, requests judgment in her favor and against Defendant Friends Cove Mutual Insurance Company in an amount in excess of that requiring compulsory arbitration. A trial in the court of common pleas is therefore demanded. Gin/or Date RL A"o L,w Olli'" Ron Turo, Esquire 28 South Pitt Street C;3rlisle. PA 17013 (717)245-9688 ext 31 II VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 94904 relating to unsworn falsification to authorities. (Q-c1t-OS- Date ~ Victoria IN. Wheeler CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Complaint, upon Friends Cove Mutual Insurance Company CEO. Dan DeArment, who is authorized to accept service, Tony R. Monn, and Elite Insurance and Financial Services by depositing same in the United States Mail, first class, postage pre-paid on the _ 11 r.!!. day of -;,.... nt.., 2005, from Carlisle, Pennsylvania, addressed as follows: Dan DeA,rment Friends Cove Mutual Insurance Company 500 East Pitt Street Bedford, PA 15522 Tony. R. Monn 964 Anthony Highway Chambersburg, PA 17201 Elite Insurance and Financial Services Tony. R. Mann 964 Anthony Highway Chambersburg, PA 17201 TLJRO LAW OFFICES ;~ /llh . ()-' Michael M. JerominSKi, Esquire Supreme Court '-D. No. 92977 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 (') _:.1, -< r-' C") c~ ('.1"1 o -" ,--< :r.,., r,'lp ::~)~~j ~:1'~ ~r~\ \.:~)j~~ ~: : :~\ ~ - r 1'-' "'C' '? "'- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sul:mitted in duplicate) TO THE PROTHONOTARY OF CUMBERL~~D COUNTY: Please list the within matter for the next ArgI.m;mt court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) VICTORIA N. WHEELER (Plaintiff) vs. TONY R. MONN, INDIVIDUALLY AND D/B/A ELITE INSURANCE AND FINANCIAL SERVICES AND FRIENDS COVE MUTUAL INSURANCE COMPANY ( Defendant \; No. 05-3212 Civil W< 2005 1. State matter to be argued (i.e., plaintiff's lTVtion for new triaL defendant's danurrer to c~laint. etc.): PRELIMINARY OBJECTIONS OF DEFENDANT, FRIENDS COVE MUTUAL INSURANCE COMPANY, TO PLAINTIFF ' COMPLAINT 2. Identify counsel who will argue case: (b) for defendant: I\ddress: Michael M. Jerominski. Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (a) for plaintiff: I\ddress: 3. I will notify all parties in writing within no days that this case has been listed for argurent. 4. ArgI.m;mt court Date: August 24, 2005 Dated: July II , 2005 Stephen L. Banko, Jr., Es( ....> =' = cJ" <.." ;,~ N o -n '-\ :C -r1 \"i"\E :3(.0 :J.h "-"'\" -~ ;.)c; ::,,;~cr\ '.,..,1 --.\ ~p. -<. -0 -,"'" -,,", '-:? ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VICTORIA N. WHEELER, Plaintiff, No.: 05-3212 CIVIL 2005 v. TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES AND FRIENDS COVE MUTUAL INSURANCE COMPANY, PRAECIPE TO ENTER APPEARANCE Defendants. Filed on Hehalf of Defendants Counsel of Record for This Party: MATTHEW M. PAVLOVICH, ESQUIRE Pa. J.D. #74568 WELCH, GOLD & SIEGEL, P.C. Suite 1240 Lawyers Building Pittsburgh, PA 15219 (412) 391-1014 Firm J.D. #542 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VICTORIA N. WHEELER, Plaintiff, No.: 05-3212 CIVIL 2005 v. TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES AND FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants. PRAECIPE TO ENTER APPEARANCE TO TIIE PROTHONOTARY: KINDLY enter my appearance on behalf of the Defendants, TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES AND FRIENDS COVE MUTUAL INSURANCE COMPANY, in reference to the above-captioned case. Welch, Gold & Siegel, P.c. Suite 1240 Lawyers Building Pittsburgh, P A 15219 (412) 391-1014 DATE: July 12,2005 CERTIFICATE OF SERVIC1B; I, Matthew M. Pavlovich, Esquire, hereby certify that a true and correct copy ofthe foregoing PRAECIPE TO EN1ER APPEARANCE was served upon the party below this 12th day of July, 2005, via U.S. First Class Mail, postage pre-paid: Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 BY: ~~~ESQUmE Attorney for Defendants ~:'; ,-,., (;; ';:; ....' c' u; ,- c::;. r - ~ s;~ ~~ -" o -1'1 --' -1::"1< f'1'r;;; -orn c""y ':;2,(,1 -J.:..,4 ',')'6 .,-1'" ,) ;::-~ :p ->:; .~ .....,~ :> <f! o (;) v MARKS, O'NEILL, O'BRIEN & COURTNEY BY: NANCY E. CAMPBELL, ESQUIRE IDENTIFICATION NO.: 36247 1880 JOHN F. KENNEDY BLVD., STE. 1200 PHILADELPHIA, PA 19103 (215)564-6688 Attorney for Defendant: Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA N. WHEELER Plaintiff NO.: 05-3212 v. CIVIL 2005 TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES Defendant PRELIMINARY OBJECTIONS OF DEFENDANT. TONY R. MONN. INDIVIDUALLY AND D/B/A ELITE INSURANCE AND FINANCIAL SERVICES TO PLAINTIF'F'S COMPLAINT 1. This action was commenced by Complaint filed on June 23, 2005. A copy of the Complaint is attached hereto as Exhibit A. 2. The Complaint was served on Defendant, Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services (hereinafter Defendant) by U.S. Mail. Thereafter, on July 15,2005. The Complaint was served by the Sheriffs Departmtmt. 3. Plaintiff contends that she was issued what she aBsumed was a homeowners' policy by Defendant, Friends Cover Mutual Insurance Company through an application with Defendant that provided contents coverage. Thereafter Plaintiff suffered a fire loss on May 14, 2004. PH1I6022.1 4. Plaintifffurther claims that she has received invoices in excess of$12,000.00 for repairs made as a result of the fire loss that remain unpaid. 5. Plaintiff further claims that after the fire on May 14,2004, she first learned that she did not have contents coverage. 6. Plaintiff has pled a claim for negligence and breach of contract against Defendant. I. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE UNDER Pa. R.C.P. No. 1028(a)(2) 7. Defendant incorporates herein paragraphs 1-6 of these Preliminary Objections as if set forth at length herein. 8. Plaintiff alleges that Defendant breached their contractual duty which resulted in loss to her. 9. Plaintiff has failed to attach a copy of the contract to which she refers to this Complaint. 10. Plaintiff implies that the contract to which she refers is the insurance policy. But, Defendant is not a party to the insurance contract. II. Pa. R.C.P. No. 1019(h)(l) state that when a claim is based on an agreement, the Complaint shall state whether the agreement was oral or written. If written, a copy of the writing shall be attached. 12. Plaintiffs Complaint fails to comply with rule oflaw or rule of Court. Therefore, Count II should be stricken from the Complaint. WHEREFORE, Defendant requests this Honorable Court sustain these Preliminary Objections and strike Count II. PH1l6022.! II. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE UNDER Pa. R.C-P. No. 1028(a)(2) 13. Defendant incorporates herein paragraphs 1-6 of these Preliminary Objections as if set forth at length herein. 14. Pa. R.C.P. No. 1018.1 provides that every Complaint filed by Plaintiff: ...shall be given with a notice to defend in substantially the form set forth in sub-division (b). 15. The "Notice to Defend" that appears on the face of Plaintiffs Complaint fails to comply with Pa. R.C.P. No. 1018.1. 16. Plaintiffs Complaint fails to comply with rule oflaw or rule of Court. Therefore, the Complaint should be stricken. WHEREFORE, Defendant requests this Honorable COUJrt sustain these Preliminary Objections and strike the Complaint. III. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO COUNT I UNDER Pa. R.c..P. No. 1028(a)(4) 17. Defendant incorporates herein paragraphs 1-6 of these Preliminary Objections as if set forth at length herein. 18. Pa. R.C.P. No. 1019 provides that averments of items of special damages shall be stated specifically. 19. Plaintiff admits in her Complaint that she had a policy with Defendant, Friends Cove Mutual Insurance Company on her home at 109 Lee Ann Court. See Plaintiff s Complaint, paragraphs 13, 14 and 15. PHI 16022.1 20. Plaintiff contends that her losses of$12,000.00 are directly related to the fire loss. See Plaintiff's Complaint paragraph 19. 21. In Count I, Plaintiff contends that as a result of Defendant's negligence she suffered the loss of $12,000.00. 22. Plaintiff fails to set forth allegations to support her contention that any loss is directly related to any negligence of Defendant. 23. Plaintiff fails to state with specificity any damag'~s related to any negligence of Defendant. 24. Plaintiff has failed to state that any losses incum:d are related to the lack of content coverage on her policy. WHEREFORE, Defendant request this Honorable Court sustain these Preliminary Objections and dismiss Count 1. Respectfully submitted, MARKS, O'NEILL, O'BRIEN & COURTNEY, ]~.c. By: /~~1_ Nancy ~bell' Esquire Atto~. y fi D fendant Tony. ,l individually and d/b/a Elite nsurance and Financial Services PH116022.1 VERIFICATION I, NANCY E. CAMPBELL, hereby state that I am the attorney for Defendant, Tony R. Moun, individually and d/b/a Elite Insurance and Financial Services; that I am authorized to make this Verification on their behalf; that I have read the foregoing Preliminary Objections to Plaintiff's Complaint; and, the averments set forth therein are true and correct to the best of my knowledge, information and belief. Further, I understand that this Verification is made SUbjllct to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated:~ PH1l6022.1 CERTIFICATE OF SERVICE I hereby certifY that this Zt, day of JIA-I'/2005, a true and correct copy of the attached Preliminary Objections to Plaintiffs Complaint were se:rved on the following by first class mail, postage prepaid: Michael M. Jerominski, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, Pa. 17013 Stephen L. Banko, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, Pa. 17011 MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. ~ PH116022.1 ~, C.".:"' C '~:> ~, " -<~ l..;) (-.,. , I ~" N o -Tl ,-, ~~~ ;J '....... ,,, t..~J ~~:~ C~) .~ ?-r4 ~~-~:; . ~. .;J ::< PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTIlONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Af!~ument Court VICTORIA N, WHEELER Plaintiff vs. TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES and FRIENDS COVE MUTUAL INSURANCE COMPANY Defendants No.05-3212 Civil 2005 I. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant, Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services to Plaintiff's Complaint. 2. IdentifY Counsel who will argue case: ( a) for plaintiff: Address: Michael M. Jerominski, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, Pa. 170 I3 (b) for defendant: Address: Nancy E. Campbell, Esquire Marks, O'Neill, O'Brien & Courtney 1880 JFK Boulevard, Ste. 1200 Philadelphia, Pa. 19103 3. I will notifY all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: August 24, 2005 Courtney, P.C. Dated: 11 tel () <"""' PH11620~ Nancy, p ell, Esquire Attomh y R. Monn, individually and d/b/a ENte Insur ce and Financial Services , , " (') c- ", <::::;, = "'" s.~ \:;:'';:: '''~ N -T'J c.) 1.0 () ~n ::::l h1"T1 e- rn l~ , (~~, ':::f, -'('\ c"::; ;T1 II Victoria N. Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 05-3212 CIVIL 2005 Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : CIVIL ACTION LAW : JURY THIAL 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 of 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 WHIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 'I ! Victoria N. Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 05-3212 CIVIL 2005 Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : CIVIL ACTION LAW : JURY THIAL DEMANDED AMENDED COMPLAINT 1. Victoria N. Wheeler is an adult individual cUI'rently residing at 109 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. Tony R. Monn is an adult individual with a last known business address of 964 Anthony Highway, Chambersburg, PA 17201. 3. Elite Insurance and Financial Services is a Pennsylvania business believed to be owned and operated solely by Tony R. Monn with a last known business address of 964 Anthony Highway, Chambersburg, PA 17201. 4. Friends Cove Mutual Insurance Company is a Pennsylvania insurance company with a business address of 500 East Pitt, P.O. Box 646, Bedford, PA 15522. 5. In 1997 the Plaintiff Victoria N. Wheeler, hereinafter Wheeler, purchased real estate located at 109 Lee Ann Court, East Pennsbl)ro Township, Cumberland County, Enola, Pennsylvania 17025. 6. At the time of the home purchase Wheeler clid purchase a homeowner's insurance policy which policy remained in effect until approximately July 1999. 7. In July 1999 Wheeler relocated to a separate home in the Enola area but maintained the Lee Ann Court property and converted the use of the building from a primary single-family residential use to a tenant occupied use. 8. At the time of this change Wheeler continued to maintain the homeowner's insurance policy on the property. 9. In late 2000 Wheeler refinanced the Lee Ann Court property and was told, at the time of the refinance, that needed to convert her homeowner's insurance policy to a landlord policy because she was not residing on the premises. n 'I 10. At about that time Wheeler retained the services of Defendant Tony R. Monn through his business, Elite Insurance and Financial Services. 11. Tony R. Monn held himself out as an insurance broker and sophisticated insurance agent and placed a landlord policy with Defendant Friends Cove Mutual Insurance Company. 12. At all times relevant hereto Wheeler did pay premiums through Tony R. Monn to Friends Cove Mutual Insurance Company to maintain the landlord policy on the home, 13, On or about July 1, 2003 Wheeler did call Defendant Monn personally and indicated to him that she had moved back into her home at 109 Lee Ann Court and that she requested Defendant Monn to convert the landlord policy to a homeowner's policy. 14. Sometime thereafter Wheeler did receive a new policy in the mail from Defendant Monn and Defendant Friends Cove Mutual Insurance Company which she assumed was a homeowner's policy which would provide contents coverage in the event of fire loss. 15. At all times relevant hereto Wheeler continUiEld to pay premiums to Defendant Monn and Defendant Friends Cove Mutual Insurance Company at an enhanced rate from her prior policy thus again reinforcing her beliElf that she now had a homeowner's insurance policy which included contents protection. 16. On or about May 14, 2004 Wheeler did suffE!r a fire loss at her home which loss included damage to Wheelers contents. 17. The policy previously sent to Wheeler from defendant's was destroyed in the fire. 18. Immediately after the fire Wheeler was informed by Defendant Monn and Defendant Friends Cove Mutual Insurance Company that Wheeler had no contents coverage written on her property. 19, As a result of the fire Wheeler and the Defendants did hire Tuckey Restoration, a Carlisle Company specializing in fire restoration. 20. As a result of the fire loss Wheeler has received invoices in excess of $12,600,00 which money relates directly to the fire loss, 21. Despite repeated demand Defendant Monn and Defendant Friends Cove Mutual Insurance Company has refused to pay this sum to Tuckey's indicating that neither Defendant ever wrote contents coverage into Plaintiff Wheeler's insurance policy. As of the date of this complaint Plaintiff Wheeler has been unable to pay the total amount due to Tuckey's which amount should be paid by DIElfendant Monn and Defendant Friends Cove Mutual Insurance Company. If, in fact, no contents coverage exists on n I' Plaintiffs policy such omission is solely and completely the fault and negligence of Defendant Mann and Defendant Friends Cove Mutual Insurance Company. COUNT I NEGLIGENCE WHEELER V. MONN A,ND ELITE 22. Paragraph 1 - 21 Incorporated herein and reference made thereto. 23. Defendant Monn and Elite at all times relevant hereto provided insurance services to Plaintiff and held themselves out as sophisticated business men licensed and able to provide such insurance coverage to Plaintiff. 24, Solely as the result of Defendant Monn and Elite's negligence, lack of care and failure to perform required duties, Plaintiff Wheeler has suffered a loss in excess $12,000.00 which loss is solely the responsibility of Defendants due to their negligence, 25. The $12,000.00 loss is directly attributable to the negligence of defendants as they failed to provide content loss coverage as required by Wheeler and she is now forced to pay Tuckey $12,000.00 to repair her contents. WHEREFORE, for all of the above reasons, Plaintiff Victoria N. Wheeler requests judgment in her favor and against Defendant Tony R. Monn and Elite Insurance and Financial Services in an amount in excess of $12,000.00 plus cost of suit. COUNT II BREACH OF CONTRACT WHEELER V. MONN AND ELITE 26. Pages 1-25 are Incorporated herein and reference made thereto. 27. The Defendants, Monn and Elite impliedly and/or expressly warranted that they would, in good faith, provide insurance coverage to Plaintiff, Victoria N. TI Wheeler in accordance with the contract and abide by the terms of said contract and that in fact, they would issue a homeowner's insurance policy which would provide contents coverage to Plaintiff. 28. As a result of the breach as identified above, the Defendants, Monn and Elite, did breach their contractual duty and their warranty which breach resulted in the loss to the Plaintiff as outlined in more detail above. WHEREFORE, for all of the above reasons, the Plaintiff, Victoria N. Wheeler, requests judgment in her favor and against Defendant Tony R. Mann and Defendant Elite Insurance and Financial Services in an alTlount in excess of $12,000.00. COUNT III BAD FAITH WHEELER V. FRIENDS COVE MUTUAIL INSURANCE COMPANY 29. Paragraph 1 - 28 Incorporated herein and reference made thereto. 30, Defendant, Friends Cove Mutual Insurance Company wrongfully refused to pay for this loss in accordance with the policy terms requested by the Plaintiff. 31. Defendant, Friends Cover Mutuallnsural1ce Company, has frivolously and with no proper foundation for its actions has refused to pay all applicable benefit proceeds under its policy of insurance in accordance with the terms of the policy as requested by the Plaintiff. 32. The bad faith conduct of Defendant Friends Cove Mutual Insurance Company gives rise to a cause of action pursuant to 42 Pa. C.SAS8371, et. 33. The Defendant, Friends Cove Mutual Insurance Company, failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance by reason of the aforesaid incident. 34. The Defendant, Friends Cove Mutual Insurance Company did not act in good faith to effectuate prompt, fair and equitable resolution of claims, knowing that liability was clear and coverage applies and, as a result, Plaintiff has been forced to incur expenses mentioned above to protect her interest. 35. The Defendant, Friends Cove Mutual Insurance Company failed to promptly provide a factually sound explanation for the basis of the denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 1I 11 36. The Defendant, Friends Cove Mutual Insurance Company has willfully, maliciously andfor recklessly withheld be,nefits from the Plaintiff, do to its failure to investigate the claim thoroughly which constitutes a breach of implied covenant 37. The Defendant, Friends Cove Mutual Insurance Company, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in not fully inquiring into the basis which might support the insured's claim of coverage. 38. The Defendant, Friends Cove Mutual Insurance Company, has deliberately acted in conscience disregard and with indifference to the rights of its insured. 39. The Plaintiff, Victoria N. Wheeler, thereby requests all remedial relief as provided in 42 Pa, C.SAS8371, et. in payment in full of all past and future reasonable and necessary expenses arising from the loss including reasonable attorney's fees as determined by the court. WHEREFORE, for all of the above reasons, Plaintiff, Victoria N. Wheeler, requests judgment in her favor and against DefEmdant Friends Cove Mutual Insurance Company in an amount in excess of t.hat requiring compulsory arbitration, A trial in the court of common pleas is thereforEl demanded. -; J~105 ro Law ices Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext 31 Date VERI FICA TION I verify that the statements made in the fore!going Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. 7~tks- Date Victoria N. Wheeler II CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Amended Complaint, upon Nancy E. Campbell, Esquire and Stephen L Banko, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the ;) 7 day of 5c,)Y ,2005, from Carlisle, Pennsylvania, addressed as follows: I Nancy E Campbell, Esquire Marks, O'Neill, O'Bri,en & Courtney 1880 JFK Boulevard, Ste. 1200 Philadelphia, PA 19103 Stephen L Banko, Esquire Margolis EdEilstein 3510 Trindle Road Camp Hill, PA 17011 R Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 t-::' c: ...., \;':.:; LA .;.-. c' c~ \'-~ f" C' o -n ::rl..,., f.nr= -~12 .~~\ ~~), r:--~i r~,) (.J ;:.(.:; ~ rn '-<'I :~ MARKS, O'NEILL, O'BRIEN & COURTNEY BY: NANCY E. CAMPBELL, ESQUIRE IDENTIFICATION NO.: 36247 1880 JOHN F. KENNEDY BLVD., STE. 1200 PHILADELPHIA, PA 19103 (215)564-6688 Attorney for Defendant: Tony R. Monn, individually and d/b/a Elite Insurance and financial Servi ces COURT OF COMMON PLEAS VICTORIA N. WHEELER Plaintiff CUMBERLAND COUNTY, PA v. NO.: 05-3212 TONY R. MONN, individually and d/h/a ELITE INSURANCE AND FINANCIAL SERVICES CIVIL 2005 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services in the above-listed matt . ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the firm Marks, O'Neill, O'Brien & Courtney, P.C. on behalf of Tony R. MOlill, individually and d/b/a Elite Insurance and Financial Services in the above-listed matter. 1)1-1115927.1 Courtney "'" 0 C;) -n ~-j:; ::c-:... ~: .;1 f , - ~." Victoria N. Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 05-3212 CIVIL 2005 Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : CIVIL ACTION LAW : JURY TRIAL DEMANDED ANSWER TO COVE DEFENDANT COVE MUTUAL INSURANCE COMPANY NEW MATTER Paragraph 40. No answer required, Paragraph 41. The allegations in this paragraph are legal conclusions to which no responsive pleading is required and, in all respects, it is denied. Paragraph 42. The allegations in this paragraph are legal conclusions to which no responsive pleading is required and, in all respects, it is denied. Paragraph 43. The allegations in this paragraph are legal conclusions to which no responsive pleading is required and, in all respects, it is denied. Paragraph 44. The allegations in this paragraph are legal conclusions to which no responsive pleading is required and, in all respects, it is denied, WHEREFORE, Plaintiff Victoria Wheeler, demands judgment in her favor and against Friends Cove Mutual Insurance Company as set forth more fully in her complaint. )7!c on Turo, Esquire 8 South Pitt Street Carlisle, P.A 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OIF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Amended Complaint, upon Nancy E. Campbell, Esquire and Stephen L Banko, Esquire, by depositing same in the L~ited State Mail, first class, postage pre-paid on the / 7 day of A fA', 'V.5> ,2005, from Carlisle, Pennsylvania, addressed as follows: Nancy E, Campbell, Esquire Marks, O'Neill, O'Brien & Courtney P.C. 1880 John F, Kennedy Boulevard Philadelphia, PA 19103 Stephen L Banko, Jr. Esquire Margolis EdE~lstein 3510 Trindle Road Camp Hill, PA 17011 ( ~O LAW OFFICES ~l uro, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (71'7) 245-9688; FAX 717.245.2165 o ~ ~.\:;, I-Y'.,',".. .-f' -:~i", - ~;i<' -~\;.~~ '):;or~,~ '~ r-" g cJ' ". c::. ", - ---' ~ %:!l -ct11 "'~ ~,-~") , ...- .-l ::''"~ ~'r' :t:-r-' 'J- 7-9. o --~ ;P' ~ .-.:> ::::: - cJI if> - Sharon M. O'Donnell Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crwns Mill Road, Suite B Harrisburg, PA 17112 (717)651-3503 Attornevs for Tonv R. Mann. individuallv and d/b/a Elite Insurance and Financial Services VICTORIA N. WHEELER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES, and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants NO. I:CV-05-3212 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONATARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services, onh, in the above captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, EMAN & GOGGIN -~/uZ \05 _A ILIABISMOISLPGl196166\JNK\15000\50000 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the3~ day of August 2005, and addressed as follows: Ron Turo, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 Stephen 1. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, P A 17011 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN I ON M. O'DONNELL, ESQU ~ r-' 0 c:..-) c~ -1\ c..'--" ..... ,~"... :J: -n c: ["I1f:, ,::;") (.~ -Cll.2-l :,:)t"f" ~-~'1 ':S'. ~ '-r' --- \:,~ ('S r:-? .:;\""1' <.J'1 ~i:J \.1,) .", Sharon M. O'Donnell Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Hamsburg, P A 17112 (717)651-3503 Attorneys for Tony R. Mann. individually and d/b/a Elite Insurance and Financial Services VICTORIA N. WHEELER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ORIGINAL TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES, and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants NO.1:CV-05-3212 JURY TRIAL DEMANDED NOTICE TO PLEAD TO ALL PARTIES: You are hereby notified to plead to the enclosed New Matter and New Matter Cross- Claim Pursuant to Pa.R.C.P. 2252(d) within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL,DENNEHEY,WARNER COLEMAN & GOGGIN /:J . ny~l!1cu.rxJ PEGG . ORCOM, ESQUIRE J.D. No. 92463 SHARON M. O'DONNELL, ESQUIRE J.D. No. 79457 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3503 Dated: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Sharon M. O'Donnell, Esquire Identification No. PA 79457 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sodonnell@mdwcg.com (717) 651-3503 (717) 651-9630 Attorney for Defendants, Tony R. Monn, Individually, and d/b/a Elite Insurance & Financial Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VICTORIA N. WHEELER, Plaintiff : CNIL ACTION : No. 05-3212 v, TONY R. MONN, Individually, and d/b/a ELITE INSURANCE & FINANCIAL SERVICES and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants :JURY TRIAL DEMANDED DEFENDANT TONY R. MONN. INDIVIDUALLY AND D/B/A ELITE INSURANCE & FINANCIAL SERVICES'S ANSWER TO AMENDED COMPLAINT 1. Admitted, based on information and belief. 2. Denied. Tony R. Monn is an adult individual with a last known business address of 501 Lincoln Way East, Chambersburg, P A 17201. 3. Admitted in part and denied in part Elite Insurance & Financial Services is a fictitious name utilized by Tony R. Monn, which is registered with the Pennsylvania Department of State. Elite Insurance & Financial Services' last known business address is 501 Lincoln Way East, Chambersburg, P A 1720 I. 4. Admitted. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 5. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 6. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 7. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 8. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9. 10. Denied. On or about August 5, 2002, Defendant Monn was contacted by Plaintiff. Plaintiff advised that she was not residing within the property, but another tenant would be residing within the property. After discussion and consultation, Plaintiff purchased a dwelling/fire policy to cover the dwelling alone, II. Denied in part, admitted in part. It is admitted only that Tony R. Mann held himself out as an insurance broker, and that he placed a landlord/dwelling fire policy on the property. The remaining allegations are denied as conclusions of law to which no further response is required, 12, Denied. The allegations and averments of paragraph 12 are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 2 13. Denied. The allegations and averments of paragraph 13 are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 14. Denied. The allegations and averments of paragraph 14 are denied pursuant to the provisions ofPa,R.C.P. 1029(e). 15. Denied. The allegations and averments of paragraph 15 are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 16. Admitted in part; denied in part. After reasonable investigation, Defendant Monn admits that on May 14, Plaintiff left a recorded message advising him that there had been a fire in her kitchen. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 16. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained within paragraph 17. 18. Admitted in part; denied in part. Defendant admits that Monn advised Plaintiff that no homeowner's policy was issued, because she failed to complete and return the application which he had sent to her on multiple occasions. The remaining allegations are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 19. Denied pursuant to the provisions ofPa.R,C.P. 1029(e). 20. 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 20. 21. Admitted in part and denied in part. After reasonable investigation, Tony R. Monn admits Plaintiff has made demand upon him to pay monies for damage to the contents of her 3 property, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments. COUNT I NEGLIGENCE WHEELER V. MONN & ELITE 22. Paragraphs 1-21 of this Answer to Amended Complaint are incorporated by reference. 23. Denied in part and admitted in part. It is admitted that, from time to time, Tony R. Monn and Elite provided insurance services to Plaintiff. The remaining allegations are denied as conclusions oflaw to which no further response is required. 24. Denied. The allegations contained in paragraph 24 state conclusions of law, to which no response IS necessary. To the extent that a response may be required, after reasonable investigation, Defendant Tony R. Mann is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 24 regarding Plaintiff's alleged loss. Defendants Monn and Elite deny they were negligent. 25. Denied. The allegations contained in paragraph 25 state conclusions of law to which no response is necessary. To the extent that a response may be required, Defendant Monn specifically denies that he failed to provide content loss coverage as requested by Plaintiff. To the contrary, Plaintiff never purchased homeowner's coverage after being fully informed by Defendant Monn of the nature, extent and cost of such coverage. WHEREFORE, Tony R. Monn, individually, and d/b/a Elite Insurance & Financial Services denies any liability to Victoria Wheeler, and requests that judgment be entered in his favor with costs and other relief, which the Court deems to be appropriate. 4 COUNT II BREACH OF CONTRACT WHEELER V. MONN & ELITE 26. Paragraphs 1-25 of this Answer to Amended Complaint are incorporated by reference. 27. Denied as conclusions of law to which no further response is required.. 28. Denied as conclusions oflaw to which no further response is required. WHEREFORE, Tony R, Monn, individually, and d/b/a Elite Insurance & Financial Services denies any liability to Victoria Wheeler, and requests that judgment be entered in his favor with costs and any other relief which the Court deems to be appropriate. COUNT III BAD FAITH WHEELER V. FRIENDS COVE MUTUAL INSURANCE COMPANY 29. Paragraphs 1-28 of this Answer to Amended Complaint are incorporated by reference. 30-39. The allegations contained in these paragraphs are directed to parties other than Responding Defendant and, accordingly, no answer ofresponding party is required. WHEREFORE, Tony R. Monn, individually, and d/b/a Elite Insurance & Financial Services denies any liability to Victoria Wheeler, and requests that judgment be entered in his favor with costs and any other relief which the Court deems to be appropriate. NEW MATTER 40, Plaintiffs Complaint fails to state a claim upon which relief can be granted. 41. Plaintiffs claims are barred in whole or in part by her own comparative and contributory negligence, 42. Plaintiffs claims are barred in whole or in part by her failure to apply for and obtain insurance coverage for the contents of the subject property. 5 43. At all times material to Plaintiff's alleged cause of action, the answering Defendant, Tony Monn d/b/a Elite Insurance & Financial Services was not a party to any contract of insurance under which insurance coverage would be paid or payable. 44. At all times material to Plaintiff's alleged cause of action, the answering Defendant, Tony Monn d/b/a Elite Insurance & Financial Services owned no duty of care to Plaintiff. 45. At all time material to Plaintiff's alleged cause of action, the answering Defendant, Tony Monn d/b/a Elite Insurance & Financial Services breached no duty of care to Plaintiff to the extent any such duty was owed, the same being expressly denied. 46. Plaintiff's claims are barred or may be barred by the applicable statute of limitations. 47. Plaintiff's damages, if any, were caused by third-parties over whom this answering Defendant had no control or right to control. 48. Plaintiff's damages, if any, were or may have been caused, if at all, by the acts or omISSIOns of representatives or employees of Defendant, Friends Cove Mutual Insurance Company, WHEREFORE, Tony R. Monn, individually, and d/b/a Elite Insurance & Financial Services denies any liability to Victoria Wheeler, and requests that judgment be entered in his favor with costs and any other relief which the Court deems to be appropriate. NEW MATTER PURSUANT TO Pa.R.C.P. &2252(d) 49. To the extent that Plaintiff is claiming damages covered by the dwelling/fire policy issued by Friends Cove Mutual Insurance Company, Friends Cove is solely liable to Plaintiff for those damages. 50. In the alternative, if it is judicially determined that Plaintiff is entitled to recover damages from Defendant Monn, Individually and d/b/a Elite Insurance & Financial Services which such damages are expressly denied, then Defendant Monn demands that Defendant 6 Friends Cove Mutual Insurance Company be held jointly and severally liable with him and/or that Friends Cove Mutual Insurance Company be liable over to Defendant Monn for indemnity and/or contribution. WHEREFORE, Defendant Monn, Individually and d/b/a Elite Insurance & Financial Services demands in the event of a judgment in favor of Plaintiff, that said judgment be entered solely against Defendant Friends Cove Mutual Insurance Company, or, in the alternative, Defendant Monn demands that Defendant Friends Cove Mutual Insurance Company be held jointly and severally liable with Defendant Monn or liable over to Defendant Monn. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN / / / By:/ ~- PEG ORCOM, ESQUIRE Sup. CT ill. No. PA 92463 SHARON M. O'DONNELL, ESQUIRE Sup.CT. LD. No. PA 79457 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3503 Attorney for Defendants. Tony R. Mann, Individually, and d/b/a Elite Insurance & Financial Services 105_ A ILlABIPZM\LLPGII96589ITKCI15000\50000 7 09-09-2005 07:59 From-MARSHALL DENNE HEY +7172321849 T-422 P 009/010 F-5C4 I[N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VICTORiA N. WHEELER, Plaintiff : CIVIL ACTION : No. 05-3212 v, TONY R MONN, Individually, and dJbia ELITE Il\'SliRANCE & FINANCIAL SERVICES and FRIEl\'DS COVE MUTUAL INSURAI"CE COMP fu"N, Defendants :JURY TRIAL DEMANDED VERIFICATION I verify that I have read the foregoing document and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document andior its language is that of cmmsel, I have relied upon counsel in making this Verification. I ,mderstand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. ~4904, relating to lmSWOm falsification to authorities. Dale: _~ -q ---0 S-- Tony R. \{l5_A\L!AB\I-'2M\LLPO\1965S9\ TKC\15000\500QiJ 09-09-2005 07:59 from-MARSHALL DENNEHEY +7172321949 T-422 POlO/OlD f-5D4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A.I\lIA VICTORIA N. WHEELER, Plaintiff : CIVIL ACTION : No. 05-3212 v. TONY R. MONN, Individually, and d/b/a ELITE Il\SURANCE & FINANCIAL SERVICES and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a !file and correct copy of Ihe foregoing on all counsel of record by placing the same in the United States mail at Hanisburg, Pennsylvania, first-class postage prepaid, on the _ day of September, 2005, and addressed as follows: David P. Helwig, Esquire Marks, O':'Jeill, O'Brien & Courtney, P.e. 2600 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN DATE: BY: SHARO~ M. O'DONNELL, ESQUIRE Attorneyfor Defendants, Tony R. Monn, Individually, and d/b/a EliTe InSurance & Finandal Selvices \05_AILIAIlIPZMILLPGII96589ITKC\ 15000'~OOOO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VICTORIA N. WHEELER, Plaintiff CIVIL ACTION No. 05-3212 v, TONY R. MONN, Individually, and d/b/a ELITE INSURANCE & FINANCIAL SERVICES and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 12th day of September, 2005, and addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road CampHill,PA 17011 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 MARSHALL,DENNEHEY, WARNER COLEMAN AND GOGGIN DATE: BY: //:J Id J-U ;( ! /~, If/l/l/I(/{t{//t{ PEG ' MORCOM, ESQUIRE Attorney for Defendants. Tony R. Mann, Individually, and d/b/a Elite Insurance & Financial Services \05_ A \L1AB\PZM\LLPG\] 96589\TKC\15000\50000 C) .~-I '~il .-1 -i~ f-,l GO -','j (J ,-, Victoria N. Wheeler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3212 CIVil 2005 Tony R. Monn, individually and D/B/A Elite Insurance and Financial Services and Friends Cove Mutual Insurance Company, Defendants : CIVIL ACTION LAW : JURY TRIAL DEMANDED ANSWER TO NEW MATTER OF TONY R. MONN, INDIVIDUALLY AND D/B/A ELITE INSURANCE AND FINANCIAL SERVICES 40. The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 41, The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 42. The allegations of this paragraph are legal conclusions to which no responsive pleading is required, by way of further answer plaintiff did attempt to obtain insurance coverage for the contents of the subject property by contacting defendant Mann and requesting such coverage through Friends Cove Mutual Insurance Company but defendant, Mann did, willfully and or negligently fail to obtain such coverage even upon request of plaintiff. 43. The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 44. The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 45, The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 46, The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 47, The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 48. No responsive pleading is required, byway of further answer plaintiff re-alleges all allegations above against all defendants. WHEREFORE, Victoria N. Wheeler, request judgment in her favor and against all defendants pursuant to the allegations in her complaint above, 49-50 The allegations in this paragraph are addressed to parties other than plaintiff and therefore no responsive pleading is required. WHEREFORE, Victoria N. Wheeler, requests judgment in her favor and against all defendants pursuant to the allegations in her com . above. --~., I~itted on Turo, Esquire uro Law Offices 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 ext 31 VERIFICATION I, Ron Turo, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Answer to New Matter and verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.SA 94904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. C;!vlcr Date CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Answer to New Matter, upon Nancy E. Campbell, Esquire and Stephen L Banko, Esquire, by depositing same~the tited States Mail, first class, postage pre-paid on the 1& day of r ' 2005, from Carlisle, Pennsylvania, addressed as follows: Sharon M. O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman and Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Stephen L Banko, Jr. Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 l R n Turo, Esqu' e Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 .....> ~ (') <=> = c:; "'" ~:P ?"- (/) -.:}'c t'T1 n"f- -0 \:n ?;, - - ~~ fJ:; ',t,_~ -r> -'-''''' 2c -1: . :P- - ') ::P ~ \..0 ~~i :> ,,1-rn - ~ - .. J;5 Z 0 :::;;I '-< o:J STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-mail: (717) 975-8114 (717) 975-8124 sbanko@maraolisedelstein.com Attorney for Defendant, Friends Cove Mutual Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA N. WHEELER, Plaintiff NO. 05-3212 CIVIL 2005 v. CIVIL ACTION - LAW TONY R. MONN, INDIVIDUALLY AND D/B/A ELITE INSURANCE AND FINANCIAL SERVICES AND FRIENDS COVE MUTUAL INSURANCE COMPANY, : Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANT, FRIENDS COVE MUTUAL INSURANCE COMPANY, TO NEW MATTER OF DEFENDANT, TONY R. MONN,lNDIVIDUALlY AND D/B/A ELITE INSURANCE AND FINANCIAL SERVICES - PA. R.C.P. NO. 2252/dl 49, Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, at no time relevant hereto did Defendant, Friends Cove Mutual Insurance Company ("Friends Cove"), have any direct contact with Plaintiff. Rather, all contact with Plaintiff with regard to the issuance of the dwelling/fire policy, and any and all changes thereto, was by and through Defendant Monn. Accordingly, to the extent that any individual or entity is liable to Plaintiff for any claim set forth in her Complaint, it would be Monn and not Friends Cove, 50. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the answer contained in paragraph 49 hereof is incorporated herein by reference as if set forth in its entirety. MARGOLIS EDELSTEIN Date: C\\~\ tJ: By: . St h n L Banko, Jr., Esquire Attorney No. 41727 Counsel for Defendant, Friends Cove Mutual Insurance Company -2- VERIFICATION I, lEE KING, of FRIENDS COVE MUTUAL INSURANCE COMPANY, state that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. Date: Cj-jc"oS- ~ LEE KING/" ~ t' Reply to New Matter of MonnI219GOA-00002 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 20 day of S~~, k- 2005, and addressed as follows: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiff) Sharon M. O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Defendant Tony R. Monn and Elite Insurance and Financial Services) ;t~ - :7 0- ~ Barbara J. Smith, Secretary (; c, " r-' .-;:.:-:> ~.:.:;;1 0" u> {"1 -U !', - o -n ~-r\ f1'1f::: -Q~ ~"..." .' (~i~'5;)\ i~?r)\ ";; ::< -0 -' ....~.. 1~ .-::- Ci VICTORIA N. WHEELER COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, P A v. NO.: 05-3212 TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES CIVIL 2005 tJR/GIHAL WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw our appearance on behalf of Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services in the above matter. MARKS, O'NEILL, O'BRIEN & COURTNEY P.C. ~ r A By:, ,,/'>~--R' . David P. Helwig, Esquire Jrh--IZ r-< 'c- vi ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the finn Marshall, Dennehey, Warner, Coleman & Goggin P.C.on behalf of Tony R. Monn, individually and d/b/a Elite Insurance and Financial Services in the above matter. ER, COLEMAN & GOGAN P.C. By: 11 on M. O'Donnell, Esquire PI04!674.! CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first.class postage prepaid, on the 22nd day of September, and addressed as follows: ..' Ron Turo, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, PAl 70 1 3 Stephen 1. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, P A 17011 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN / "J BY: 1~ )t1 fT/!c1WJp\ PEG . MORCOM, ESQUIRE " " Q, :t"" 0'?: 'Ot;B N ',)-<' 1)C_' V' >i~-J;\ <1'0 .,~:~l"(\ :::;., 15 o .4 '-'" ~ '5', <f) rn --tJ --0 -F' ,...>-'~ ci? - SHERIFF'S RETURN - OUT OF COUNTY CApE NO: 2005-03212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHEELER VICTORIA N VS MONN TONY R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MONN TONY R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 8th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Franklin County 18.00 9.00 10.00 33.00 .00 70.00 08/08/2005 RON TURO so.. an~.s,:"e: .,.,.-. . ,........'...~..-;::.:~...... ~._' ....,..'. :"---:'-., ....' .'- ~..... .. /~~ ." ../ -- ~.~- /,~ R~ Thomas ~lin>>:'---'. Sheriff of Cumberland County ....----- Sworn and subscribed to before me this q day of {?"r'~ o O(OC>~- A.D. ~~t~~ / ~ SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2005-03212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHEELER VICTORIA N VS MONN TONY R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MONN TONY R D/B/A ELITE INSURANCE & FINANCIAL SERVICES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, pennsylvania, to serve the within COMPLAINT & NOTICE On August 8th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/08/2005 RON TURO So answer..s,}.~/ _ ./":---:-5 ... ..// ':.;d2.:;;;c~ . /, ~~?',/ R. Thomas Kline Sheriff of Cumbe .~ -~- ,.-./ ./ County Sworn and subscribed to before me this + day of ~ cY()D~ A.D. if h r:2~ - ~~~ SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2005-03212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHEELER VICTORIA N VS MONN TONY R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FRIENDS COVE MUTUAL INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BEDFORD County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 8th , 2005 , this office was in receipt of the attached return from BEDFORD Sheriff's Costs: Docketing Out of County Surcharge Bedford County 6.00 9.00 10.00 27.55 .00 52.55 08/08/2005 RON TURO So answer_s.: .-7 /___------ , ) / ..// .. (; <;::,:::.;:~~~~.:,' _y.....:.:c>~ --,-~ ~::.':,~,,--/...;,->/ W: Thomas K(ine ,/ Sheriff of cu~rland County .- Sworn and subscribed to before me this L day of a ~ _qlaoj'----- A. D . t.L.- ?:2~~-~ In The Court of Common Pleas of Cumberland County, Pennsylvania Victoria N. Wheeler VS. Tony R. Mann et al SERVE: Friends Cave Mutual Insurance Canpany No. 05-3212 civil N July 11, 2005 OW, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bedford County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~---<:~ Sheriff of Cumberland County, P A Affidavit of Service Now, July 28 2005 at 10: 10 o'clock A M. served the '-' within Complaint upon Friends Cove Mutual Insurance Company at 500 East Pitt_ Street._ Bedford, PA 15522 by handing to Daniel W. DeArment. PRES/CEO a True copy of the original Complaint and made !mown to him the contents thereof. So answers, krtl( Sheriff of Rp-rlford County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this ~ day of {1/~;jjf , 2005 NOTARIAL SEAL KEUYLNICODEMI'S NOTARYPUBUC BEDFORD TWi JORO COUNTY MYCOMMISSIO~ -.A"'.;:S '.'.''''. ;,2rol. $ I~ The Court of Common Pleas of Cumberland County, Pennsylvania Victoria N. Wheeler VS. Tony R. Monn et al SERVE: Tony R. M:Jnn d/b/a Elite Insurance and Financial Services No. 05-3212 civil N July 11. 2005 ow, , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~/.fL-~ Sheriff of Cumberland County, P A Affidavit of Service Now, IS ,1,} 1/ , 20~, at 1()'~r'J o'clock A- M. served the within N"tl((? Q.- (~""fh ;01 upon ;;;;") y j;? 1'1"'1111 d i 6 i r. I~ / ; te J:n<,u mtlf P"+ h'Iol\ I ;(,1 5efili (f?5 , I . J 5'7 LMO{f\ vJ U}i t:n5"t:: riI"AtNr>6u'J fl J'7()i.) I . , 'l at by handing to -;C, /J Y ,1(. t1 011 f) a ftLl~q.. A f:tp-;rr-d C'Pv , / copy of the original No t.lc P q:. (l)""nIMI"T' . and made known to ,{c'(V/ the contents thereof. So answers, ~<<.-t1<---' ~ (JA-" ~C 1c~. ~yj 1Jjldfl ~I:.y Sheriff of FiQf//<./dl. County,PA Sworn and subscribe me this (!) day of l2cu~ 20 V-~ Ul~ COSTS SERVICE MILEAGE AFFIDAVIT $ N_.... $ Richard D. McCarty, Nocuy Public Chambersburg 8oro, 'Franklin County My ('ommissioo Expires ran. 29, 1007 ~n The Court of Common Pleas of Cumberland County, Pennsylvania Victoria N. Wheeler VS. Tony R. Monn et al SERVE: Tony R. Monn. individually N July n. 2005 OW, hereby deputize the Sheriff of Franklin County to execute this Writ, this No. 05-3212 civil , I, SHERIFF OF CUMBERLAND COUNTY, P A, do deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cumberland County, PA Affidavit of Service Now, I;:; July I'I~)~I(P-. <1-. (l),"P la:!I T within upon --' IOf\Y 1"101,1\ ,) K at 1')'1 LiV'O/(\ ",/oy ~(l<;t by handing to j..; (Y\ alrup.~", 4~tpJ. (~:"() and made known to h,'N) Sworn and subscribed before me this day of , 20_ , 20~, at It I :;-0 o'clock A- M. served the ('tc""Lhef5.h~IY, i2. n;)[J! copy of the original f'lpt/c:;c:.Q- (~'''YJk'~Jff the contents thereof. So answers, ~/~ Dep.<ty Sheriff of tnllil< I d) County, P A COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - REGULAR C~SE NO: 2005-00150 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN VOCTPROA M WHEELER VS TONY R MONN ET AL KENNETH W HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon MONN TONY I/A/T/A ELITE INSURA NCE & FINANCIAL SERVICES the DEFENDANT , at 0010:50 Hour, on the 15th day of July 2005 at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERS BURG , PA 17201 by handing to TONY R. MONN a true and attested copy of NOTICE AND COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .00 KENNETH c" By /Deput 07/2rf/2005 CUMBERLAND CO SHERIFF / me this &00 Sworn and Subscribed to ~ ;.::::xj da y 0 f ~,-- Veu before Notary A;;,~ ~ Notarial::ieal Richard D. McCarty, Notary Public Chambersbur.g Boro, Franklin County . ': r'ommlsSl(I!J E":pift'S .1an. 29, 2007 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03212 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Bedford VICTORIA N. WHEELER VS FRIENDS COVE MUTUAL INS. CO ROY NELSON , Deputy Sheriff of Bedford County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT was served upon FRIENDS COVE MUTUAL INS. CO. the DEFENDANT , at 1010:00 Hour, on the 28th day of July 2005 at 500 EAST PITT STREET BEDFORD, PA 15522 DANIEL W DEARMENT, PRES/CEO by handing to a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00* Paid on 00/00/0000... By Sworn and Subscribed to before So answers; me this day of ROY ~ Sheriff 4~ , A.D. By: of Bedford County Notary , . MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Peggy M. Morcom. Esquire Identification No. P A 92463 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: pmorcom@mdwcg.com (717) 651-3517 Attorney for Defendants, Tony R. Monn. Individually. and d/b/a Elite Insurance & Financial Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA N. WHEELER, Plaintiff CIVIL ACTION No. 05-3212 v. TONY R. MONN, Individually, and d/b/a ELITE INSURANCE & FINANCIAL SERVICES and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants :JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, Tony R. Monn, Individually, and tld/b/a Elite Insurance & Financial Services, in the above captioned matter. Respectfully submitted, MARSHALL, DENNE HEY, WARNER C~AN & GOGGIN By:tif~ 7t[7/1!~ PEGG . MORCOM, ESQUIRE LD. No. 92463 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717)651-3517 Attorney for Defendants, Tony R. Monn, Individually, and d/b/a Elite Insurance & Financial Services \05_ A \UAB\PZM\LLPG\20 1894\ TKC\071 09\00230 . CERTIFICATE OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of PRAECIPE FOR ENTRY OF APPEARANCE in the above-captioned matter this October 9-- 1 ,2005 by regular mail. Ron Turo, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, PA 170B (Counsel for Plaintiffs) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, P A 17011 (Counsel for Defendant, Friends Cove Mutual Insurance Company) MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN B~&M~Ztl~ Attorney for Defendants, Tony R. Monn, Individually, and d/b/a Elite Insurance & Financial Services \05_ A ILlABIPZMILLPG\20 18941TKCI071 09100230 , VICTORIA N. WHEELER, Plaintiff v. TONY R. MONN, individually and d/b/a ELITE INSURANCE AND FINANCIAL SERVICES, and FRIENDS COVE MUTUAL INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NO.l:CV-05-3212 JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark the above-referenced matter settled, ended and discontinued with prejudice. Date: ~~ o uro, Esquire Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 Attorney for Plaintiff ---- r; (~: '..",:> ~~,~~ w..... -""" -';-.. .. . So () -.1 r"., tool:) c' 0<)