HomeMy WebLinkAbout06-4527Our File No. 245749 `
ATTORNEYS FOR PLAINTIFF
ERIC M. BERMAN, P.C.
BY: Eric M. Berman, Esquire, I.D. 83698
BY: Robert M. Kline, Esquire,I.D. 56479
500 North Gulph Road, Suite 350
King of Prussia, PA 19406
(610) 265-7720
---- ----------------------X
RAIN AND HAIL L.L.C.
c/o ERIC M. BERMAN, P.C.
500 North Gulph Road, Suite 350
King of Prussia, PA 19406
Vs.
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
TRIAL DIVISION
CIVIL ACTION
Term
GEORGE STAMBAUGH
3419 RITNER HWY
NEWVILLE, PA 17241 0000 ( _k-Q ??7^
----------------------------------------- X No. IC.Jt
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 this
complaint or for any other claim or relief required 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 OR FIND OUT WHERE YOU CAN GET LEGAL HELP.
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plaza al partir de la fecha de la demanda y la
notificacion. Hace falta asentar una comparencia escrita o en persona
o con un abagado y entregar a la corte en forma escrita sus defensas
o sus objeciones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la corte tomara medidas y puede continuar
la demanda en contra suya sin previo aviso o notificacion. A demas la
la corte puede decidir a favor del demandante y requiere que usted
compla con todas las provisioner de esta demanda. Usted puede perder
dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA
O SO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICTO. VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION
Add.: 2 LIBERTY AVE., CARLISLE, PA 17013 Tel.: 800-990-9108
Our File No. 245749
ATTORNEYS FOR PLAINTIFF
ERIC M. BERMAN, P.C.
BY: ERIC M. BERMAN, ESQ., I.D. 83698
ROBERT M. KLINE, ESQ., I.D. 56479
500 NORTH GULPH ROAD, SUITE 350
KING OF PRUSSIA, PA 19406
(610)-265-7720
-----------------------------------X
RAIN AND HAIL, LLC
c/o Eric M. Berman, P.C.
500 North Gulph Road, Ste. 350
King of Prussia, PA 19406
Plaintiff,
VS.
GEORGE STAMBAUGH
3419 RITNER HWY.
NEWVILLE, PA 17241
Defendant.
---X
CIVIL ACTION - COMPLAINT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No. OLo-,Isj 7 (21uzcr: ?
1. Plaintiff, Rain and Hail, LLC ("Plaintiff") is an
insurance servicing company with its principal place of business
located at 9200 Northpark Drive, Suite 300, Johnston, IA 50131.
2. Defendant George Stambaugh ("Defendant"), is a citizen of
the Commonwealth of Pennsylvania, residing at 3419 Ritner Hwy.,
Newville, PA 17241.
3. On or about April 21, 2004, Defendant requested and
applied for crop insurance from Plaintiff and authorized Plaintiff
to obtain and issue an insurance policy for same. (A copy of
Defendant's Application is attached hereto as Exhibit "A".)
4. On or about August 5, 2004, Plaintiff issued Defendant a
crop insurance policy for year 2004 at policy number MP-
00020582 (the "Insurance Policy") in the total amount of
$8,718.00. Said fees were due and payable by October 1,
2004. (A true and correct copy of a Summary of Coverage
of Defendant's Insurance Policy is attached hereto as
Exhibit "B".)
5. Pursuant to the Application, and upon issuance of the
insurance policy, Defendant agreed to pay for the total
premium and applicable administrative fees, along with
interest. In addition, upon collection Defendant agreed
to pay reasonable costs of collection and attorneys fees.
6. Despite repeated demand Defendant has refused to pay the
following outstanding amounts:
Premium Due: $9,434.00
Interest: $1,549.00
Less Credits: ($ 746.00)
Total Due $10,237.00
7. Plaintiff has made demand upon the Defendant for payment
of monies in the sum of $10,237.00 but Defendant has refused to pay
the said sum or any part thereof.
8. All applicable credits, if any, have been duly applied to
Defendant's account.
WHEREFORE, Plaintiff claims of the Defendant the sum of
$10,237.00 plus interest, costs and attorneys fees, which are
justly due and owing from the Defendant to the Plaintiff, plus such
other and further relief as the Court deems appropriate.
ERIC M. BERMAN, P.C.
Dated: July 28, 2006
BY:
ERIC M. BERMAN, ESQUIRE
ROBERT M. KLINE, ESQUIRE
ATTORNEYS FOR PLAINTIFF
EX"I'T A
08/0312994
11m;
d b
i
-!172438425
N
t
I
0
PAS 09
t
cit
.1 I
"', - 9
$ YY r
M R
?zz Y
Ep
6
w
r ".
EXHIBIT B
V ?
Q?
os
. g?
SUP
U
a
? s
R
'8B Y?
? 9 V
F ? e. >
d $ 2 4'O
N m
G xJ
A y
f r A % y
r2 :."
0 LA
m ? ? DC
x
?s Q?'rii n N ? ? a
Y 95
N n
W o go
VERIFICATION
ROBERT M. KLINE, ESQUIRE, being duly sworn according to law, deposes and
says that he is an attorney with Eric M. Berman, P.C., attorneys for the Plaintiff, and as
said attorney he is authorized to take this verification on its behalf, and that the facts in
the foregoing pleading as set forth therein are true and correct to the best of his
knowledge, information and belief.
I verify that the statements made in the within instrument are true and correct.
understand that false statements are subject to the penalties of 18 Pa C.S.A. Section
4904 relating to unswom falsifications to authorities.
Dated: rMit
ROBERT M. KLINE, ESQUIRE
0 RE,
c
0
O
OV)
It
THOMAS D. GOULD, ESQUIRE
I.D. 36508
2 EAST MAIN STREET
SHIREMANSTOWN, PA 17011
(717) 731-1461
RAIN AND HAIL, LLC, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06 - 4527 CIVIL TERM
GEORGE STAMBAUGH, .
DEFENDANT
T0: RAIN AND HAIL, LLC
You are hereby notified to file a written response to the
enclosed New Matter within twenty (20) days from service hereof or
a judgment may be entered against you.
--J-Z. -b- >&.w
Thomas D. Gould
Attorney for Defendant
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
THOMAS D. GOULD, ESQUIRE
I.D. 36508
2 EAST MAIN STREET
SHIREMANSTOWN, PA 17011
(717) 731-1461
RAIN AND HAIL, LLC,
PLAINTIFF
V.
GEORGE STAMBAUGH,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 4527 CIVIL TERM
DEFENDANT'S ANSWER TO PLAINTIFF'S
COMPLAINT AND NEW MATTER
AND NOW comes the Defendant, George Stambaugh, by and through
his attorney, Thomas D. Gould, and files the following answer to
plaintiff's complaint and New Matter averring:
1. Denied. After reasonable investigation the defendant is
without knowledge or information sufficient to form a belief as to
the truth of the averment. Strict proof is demanded.
2. Admitted.
3. Denied that Defendant applied for crop insurance from
plaintiff or authorized plaintiff to obtain and issue an insurance
policy on his behalf. As evidenced by plaintiff's exhibit A,
Defendant applied for multiple peril crop insurance, through Hunter
Ins Associates, Inc., from Ace Property and Casualty Insurance
Company..
4. Denied that plaintiff issued an insurance policy to
defendant. Admitted that exhibit B is a copy of a 2004 Summary of
Coverage form produced by Ace Property and Casualty Insurance
Company.- Denied that the information in the document is accurate
and strict proof is demanded. Denied that the policy for which
defendant applied for insurance coverage from Ace cost $8,718.00.
After reasonable investigation the defendant is without knowledge
or information sufficient to form a belief as to when any premium
fees would have been due under the terms of the policy through ACE.
5. Admitted that defendant, pursuant to his application with
ACE, would be obligated to pay the appropriate premium. Strict
proof of the amount of the coverage and premium is demanded.
Denied that defendant would be obligated to pay collection fees,
including attorney fees, for incorrect charges.
6. Denied that defendant owes a premium of $9,434.00 and
interest of $1,549.00. Strict proof is demanded.
7. Admitted that plaintiff has demanded $10,237.00 and that
defendant has refused to pay the full amount. Defendant has
offered to pay the accurate premium for his requested insurance
coverage from ACE.
8. Denied. After reasonable investigation the defendant is
without knowledge or information sufficient to form a belief as to
the truth of the averment. Strict proof is demanded.
NEW MATTER
9. The responses to paragraphs 1-8 are hereby incorporated
as if set forth in their entirety.
10. Defendant never entered into any contract with plaintiff.
11. Plaintiff never issued an insurance policy to Defendant.
12. Defendant's insurance coverage with ACE, as evidenced by
his application, was to cover his 277.90 acres.
13. The cost was quoted to be $15.17 per acre for a total
premium of $4,215.74.
14. Upon receipt of the inaccurate invoiced amount,
Defendant sought correction from ACE's agent, Hunter Ins.
Associates, Inc..
15. Defendant and ACE never reached an agreement on the
appropriate premium.
WHEREFORE plaintiff's complaint should be dismissed.
Respectfully submitted,
Thomas D. Gould
Attorney for Defendant
I.D. 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Answer to
plaintiff's complaint and New Matter are true and correct. I
understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. 4904, relating to unsworn falsification
to authorities.
Date • ??
George Stambaugh
r-.3 p
n
`
:
rsy+ i ?
cn
?
ri
X
??
N
r
-?
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-04527 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAIN AND HAIL LLC
VS
STAMBAUGH GEORGE
DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
STAMBAUGH GEORGE
was served upon
the
DEFENDANT at 1803:00 HOURS, on the 24th day of August 2006
at 3419 RITNER HIGHWAY
NEWVILLE, PA 17241
SHIRLEY STAMBAUGH
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6
18.00
.00
10.00 R. Thomas Kline
37.68,,` 08/25/2006
ERIC BERMAN
9, Sworn and Subscibed to By:
before me this day
of A. D.
eputy Sheriff
?vim- .O, wr7 (J,7*- jS K l
Our file no. 245749
ATTORNEYS FOR PLAINTIFF
ERIC M. BERMAN, P.C.
BY: Robert M. Kline, ESQUIRE
IDENTIFICATION NO.: 56479
500 N. Gulph Road, SUITE 350
King of Prussia, PA 19406
(484) -690-3980
-----------------------------------X
RAIN AND HAIL, LLC
Plaintiff,
VS.
GEORGE STAMBAUGH .
Defendant.
-----------------------------------X
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No. 06-4527 CIVIL
PLAINTIFF'S ANSWER TO NEW MATTER
Plaintiff, Rain and Hail, LLC, through its attorneys, hereby
files its Answer to Defendant's New Matter as follows:
9. Plaintiff incorporates the allegations set forth in
paragraphs 1-8 of its Complaint as if fully set forth
herein.
10. Denied as a conclusion of law to which no further
response is required. To the extent factual, it is denied
that there was no contract between Plaintiff and Defendant.
11. Denied as a conclusion of law to which no further
response is required. To the extent factual, it is denied
that Plaintiff never issued an insurance policy to
Defendant.
12. Denied as stated. The insurance coverage being in
writing, speaks for itself.
13. Denied as stated. The insurance coverage being in
writing, speaks for itself.
14. Denied. It is denied that Plaintiff inaccurately
invoiced Defendant, or that Defendant sought, or that
Plaintiff was aware that Defendant sought, correction from
hunter Ins. Associates.
1 ?
15. Denied. To the contrary, Plaintiff and Defendant agreed
as evidenced by the insurance policy.
WHEREFORE, Plaintiff requests that the Court dismiss
Defendant's New Matter and requests judgment in its favor and
against Defendant, and for such other and further relief as the
Court deems appropriate.
ERIC M. BER , P.C.
Dated: September 26, 2006 -AV
BY:
ROBERT M. KLINE, ESQUIRE
ATTORNEYS FOR PLAINTIFF
J
Our file no. 245749
ATTORNEYS FOR PLAINTIFF
ERIC M. BERMAN, P.C.
BY: Robert M. Kline, ESQUIRE
IDENTIFICATION NO.: 56479
500 N. Gulph Road, SUITE 350
King of Prussia, PA 19406
(484) -690-3980
-----------------------------------X
RAIN AND HAIL, LLC
Plaintiff,
VS.
GEORGE STAMBAUGH
Defendant.
-----------------------------------X
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
No. 06-4527 CIVIL
CERTIFICATE OF SERVICE
Robert M. Kline, Esquire, counsel for Plaintiff, hereby
certifies that on this date he served a copy of the foregoing
Plaintiff's Answer to New Matter by regular first class mail postage
prepaid upon the following:
Thomas D. Gould, Esquire
2 East Main Street
Shiremanstown, PA 17011
Dated: September 26, 2006
ERIC M. BERMAN, P.C.
BY:
ROBERT M. KLINE, ESQUIRE
ATTORNEYS FOR PLAINTIFF
('} rv
r: r`r
?..t
F
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb QCountp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
6L-q5 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573