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Home My WebLink About02-2318E. RICHARD BEATTY, JR. and MARY E. BEATTY, Plaintiffs Vo ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02- -~/~v CIVIL TERM : : .NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WItERE YOU CAN GET LEGAL ItELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 [R..UE, xCOPY FROM RECORD m Test~monyN~ereof, I ~llr~mtO'~ my hanO and the s~al oL.~t~ourt at Carlisle. Pa. ~hol~ota"l*y ' E. RICHARD BEATTY, JR. and MARY E. BEATTY, Plaintiffs ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-,7~31 ? CIVIL TERM : COMPLAINT AND NOW, come the Plaintiffs, E. Richard Beatty, Jr. and Mary E. Beatty, by their attorney, William A. Addams, of Hanft & Knight, P.C., and make the following Complaint: 1. The Plaintiffs are E. Richard Beatty, Jr. and Mary E. Beatty, adult individuals residing at 101 Meadows Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Roger O. Slusher, an adult individual t/d/b/a Weaver Insurance Agency, with its offices and principal place of business at 248B Maple Avenue, Quarryville, Lancaster County, Pennsylvania 17566. 3. The Plaintiffs are the owners of a farm property at their residence address which at all times relevant hereto was insured by Goodville Mutual Insurance Company on a policy No. FR452455 procured through Weaver Insurance Agency. 4. The policy included coverage for a potato storage building in the amount of $102,500 plus debris removal coverage. 5. On April 12, 2001 the potato storage building was destroyed by fire as a result of being struck by lightning. 6. The loss was adjusted by Goodville Mutual and Plaintiffs began construction of a new steel building. 7. On December 19, 2001 Weaver Insurance Agency sent the letter attached as Exhibit "A" with the enclosed Premium Bill in the amount of $1,364 for a policy renewal for the period 1/10/02 to 1/10/03 which indicated that the potato storage building was still listed on the schedule of buildings covered. 8. On December 27, 2001 the Plaintiffs requested and instructed the Weaver Insurance Agency to delete coverage for the potato storage building and add coverage for the new steel building which would have a value somewhat in excess of $30,000. 9. The Plaintiffs were advised by Weaver Insurance Agency that the change would be made as requested. 10. Hearing nothing further, the Plaintiffs paid the original premium bill of $1,364 on January 9, 2002. 11. The Plaintiffs subsequently received a check from Goodville Mutual for "overpayment" and believed the change had been made as requested. 12. On March 9, 2002 the new steel building, which had been substantially completed, was destroyed by wind storm. 13. Goodville Mutual informed the Plaintiffs that there was no coverage for their loss because the building had not been added to the schedule of buildings covered. .COUNT I BREACH OF CONTRACT 14. The allegations of Paragraphs 1-13 are incorporated herein by reference. 15. The parties created a contract when the Plaintiffs employed the Defendant to provide their insurance coverage through Goodville Mutual and Defendant accepted the employment. 16. The Defendant breached the contract by: A. Failing to provide the coverage as instructed and requested by the Plaintiffs on December 27, 2001; and B. Advising the Plaintiffs the coverage would be provided, but not communicating the order to Goodville Mutual. 17. The Plaintiffs sustained a loss in excess of $30,000 for the destruction of the building plus an anticipated loss of approximately $10,000 for debris removal. WHEREFORE, the Plaintiffs demand judgment against the Defendant for an amount in excess of $25,000 plus interest and costs of suit. COUNT II NEGLIGENCE 18. The allegations of Paragraphs 1-13 are incorporated herein by reference. 19. The Defendant had a duty to provide representation and coverage to the Plaintiffs in a professional manner. 20. The Defendant breached this duty, and was negligent and careless in: A. Failing to provide the coverage after having actual knowledge that the building was under construction; B. Failing to inspect the premises and meet with the Plaintiffs after representing he would do so in the letter attached as Exhibit "A" and verbally on January 8, 2002; C. Failing to provide the coverage as requested and instructed by the Plaintiffs on December 27, 2001; and D. Advising the Plaintiffs coverage would be provided, but not communicating the order to Goodville Mutual. 21. As a result of the negligence and carelessness of the Defendant, the Plaintiff sustained a loss in excess of $30,000 for the destruction of the building, approximately $10,000 for debris removal, and the loss of approximately 25% of their hay crop due to lack of storage. WHEREFORE, the Plaintiffs demand judgment against the Defendant for an amount in excess of $25,000 plus interest and costs of suit. HANFT & KNIGHT, P.C. Willianf'A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiffs VERIFICATION E. Richard Beatty, Jr. and Mary E. Beatty hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsifications to authorities. E. RIchard Beatty, Jr.~ Mary E. ']~atty DATE: Exhibit A taver lnsuranct , tncg ' 717-786.171l. Fax: 786-2045 December 19, 2001 E Richard Beatty Mary E Beatty 101 Meadows Road Newville PA ]7241 Dear Mr. Beatty: Enclosed is the renewal of yo~r Goodville Mutual Farmowners policy. Lc ok the policy over. Call if yoo have any questions or changes. We did want to tell you that Goodville Mut~ual dldn't raise your rates. Roger would like to wait to come and see you until J0nuary because then the new crop insurance rates will be available then. He would like to then go over your policy and machinery list ~t this time. Roger i,~ Eoping to be able to get gcexm 'oeac~ covc.'ag~: for ?;u. Thank you for allowing us to provide this coverage for you. We look forward to working with you in the future. Sincerely, Weaver Insurance Agency Enclosure ....... 7----- .................. ~rm'-O-~-~--~-~i--icy - Renewal G0o~v~sMu~u~ Policy Number; FR452455 3792 625 W ..V~n $~'eet, P.O ~x 489 ~wHo~]~nd PA ~7557-D489 ~ Richard Beatty Jr Your Agent: Weaver Ins A~ency 99 Premium Bill (717)786-1711 Please choose one of the payment options below: ................ ............................ Pay ~ ......................... OPTION A: .............. $1,364.00 Due date~ 1/10,/02 Other Payment Options: Payment Installment Service Charge Installment Current Plan Premium * per Installment Billed Every Amount Due 2 $682.00 $4.00 180 days $686.00 4 $343.00 $4.00 90 days $345.00 6 $232.00 $4.00 60 days $236,00 I0 $136.00 $4.00 30 days $140.00 * Last installment may be adjusted so that total premium is $ 1,364.00 (Service charges not included). Due date: 1/10/02 Pay bill at www. goodvtlle.com Call your agent for access. ~25 v,r Main Street, PO Box New HclJond, ~A !7557.C489 Renewal Declarations Farmowners' Policy No: FR452455 Policy 3792 99 Named Insured E Richard Beatty Jr ~.;, Agency and Mary E Beatty Milling Addraaa 101 Me~ows Rd ~$'. Addr~l Ne~ille PA 17241 PO~IIcy Period: From 01/10/02 to 01/10/03 12:Ol a.m. ,~landa~d time at the descrk)ed local,om Weaver Ins Agency 248B Maple Ave Quarryville PA 17566 (717)786-1711 '~O. 2 118 Acre(s) 4 miles NW from Newvi~ie on E & W side of Meadows Rd Lower Mifflin Township, Cumberland County, PA 17241 60 Acre(s) Rented Ground - Middle Rd & Upper Rd Uper Two Township, Cumberland CountyI PA 17241 r~ return for the payment of premium, and subject ~o all terms of this policy, we agree with you to provide [he insurance as stated in this policy. Dur limit of liability for each coverage is not more than the amount stated for earl cov~age. Section I Coverages Limit of Liability .~ov A - Residence $150,000 .~ov B - Related Private Structures $15,000 -;Dy C - Personal Property $75,000 ~ov D - Additional Living Costs and Loss of Rents $30,000 .~ov E - Farm Barns, Buildings and Structures $244,000 30v F - Scheduled Farm Personal Property $3,000 ;Dy G - Unschedu!eci Farm Personal Property $0 )eductlble: $ See F0-34~ In ¢~,,~e of [o~ ~.o,.r th;~ po~i~y, /e cover only that part of the ~ose over the deductible s:ate<~ ~orms and endorsement~ made pa~t of this policy at time of issue 'o~ FO-3 Edition 1.0 :ndomemenls; :O-6(1.0) FO-20(1.0) FO-07060800 1=O-300(1.0) FO-303(1.0) :0-342(1.0) FO-341(1.0) FOYCR 0798 GL-10(20) Gt.-2(2.0) .~L-76(2.0) GM-5060900 GM-510 0900 ML-120(4-81) Section II Coverages Bodily Injury and Property Damage Liability Medical Payments $500,000 $2,000 Basic Policy Premium $ 276.00 Additional Premiums - Section Il 73.00 Farm Barns, Buildings an(~ Structures 1004.00 Scheduled Farm Personal Property 11.00 Unscheduled Farm Personal Property 0.00 Scheduled Personal Property Total Prepaid Premium $ 1364.00 AgChoice Farm Credit ACA USDA - Farm Service Agency ISAOA-ATIMA 1 Credit Union Place 109 Farm Credit Dr Suite B20 ChambersburgPA 17201 Han'isburg PA 17110 Const~uc~on Type: Frame Territory/Zone: 133 Protection Class: p/p Premium C~'o~p: 2 Year of Construction: 1930 Fire Disbflct or Town: Newville Feet from Fire Hydrant: Miles from Fire Dept :4 Inside City Limits: :c~{ 11120/01 12FK insured cody AAiS FO-303 E~ 1.0 SCHEDULE OF BARNS, BUILDINGS, STRUCTURES, AND ADDITIONAL FARM DWELLINGS -- COVERAGE E PolicyNo: FR¢52455 3792 E Richard Beatty Jr Location of lnsured Premises: ~01 ~eadows Rd, Newv~lle PA 17241 Lower Mifflin Townshil~, Cumberland County "We" cove~ only the rosining classes ~ ~ems of prope~y for which a s~c~fic ~t" ~s sh~D. "Our" ~abilily ~hall not exc~d such "limit". ~is coverage is subj~t to the "terms" of the ~licy applying to Cov~age E. I~m Limit of No. Liability 1 $16,400 2 $102,500 3 $22,600 4 $102,500 Description Fr Barn Machine Shed Potato Storage Bldg incl fixed equipment $24~, 000 Total Amount of Insurance Premium Total Premium $:1., 004 03/10/02 - 01/10/02 FR452455 3792 ~-303 Ed 1.0 AAIS FO-300 Ed 1.0 SCHEDULE OF FARM PERSONAL PROPERTY COVERAGE F DOi~cyNo: FR452455 3792 E R~.chard D~.atty Jr LOCatiOn of Insured Premises: 10l ~,",eadows Rd, ~ewv3 lle ~A ~7241 ~,cwer ~[iffli~ Township, C%~erland Cc~nty 'We" ~ver only the following classes or items of propedy for which a sp~ific "lim:,t" is shown. Our liability Shall no~ exc~d such "limit". This covera~ is sublet to the "terms" of the p~my applying lo Coverage F. Item Limit of No. Liability De~ription Premium ~ $3,000 Farm Produ~t-m & SuppZie~ $3,000 Total Amount of insurance Total Premium $~z 01/10/02 - 01/t0/03 FR452455 3792 'O-300 Ed 1.0 AAIS F0-342 Ed 1;0 Page I of I This endorsement changes the Property Coverage provided by this potlcy -- PLEASE READ THIS CAREFULLY -- . DEDUCTIBLE AMOUNTS (The ir, formation ;equired below may be shown on the "declarations".) The following deductible amountS apply to the coverages indicated below. The deductible amounts apply to loss from all padis insured against unless different deductible amounts are shown to apply to loss by Theft, Wind, or Hail. Deductible Amounta Coverages Deductible Deductibles That A~3Dly to Amount Theft Wind Hill Coverage A - Residence Coverage B - Related Private Structures Coverage C - Personal Property ._250._ Coverage D - Additional Living Costs anc~ Loss of Rent Coverage E - Farm Barns, Buildings, and Structures Item No._~J]~l~'~ _§00.. .... Item No. Item No. Item No Item No. Coverage F -. Schectuled Farm Pe,sonal Property Coverage G - Unscheduted Farm Personal Property Only one deductible, the largest amount shown, applies per occurrence per location. FO-342 Ed 1.0 Copyright MCMXCIV American Association of Inlurance Servlce~ SWARTZ, CAMPBELL & DETWEILER BY: Jeffrey B. McCarron, Esquire Identification No. 49467 1601 Market Street, 34th Floor Philadelphia, PA 19103 (215) 564-5190 Attorney for Defendant E. RICHARD BEATTY MARY E. BEATTY ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY COURT OF COMMON PLEAS PHILADELPHIA COUNTY CML TERM NO. 02-2318 ENTRY OF APPEARANCE PROTHONOTARY: Kindly enter our appearance in the above-captioned matter on behalf of defendants, Roger O. Slusher, t/d/b/a Weaver Insurance Agency. SWARTZ, CAMBELL & DETWEILER 1601 Market Street -34th Floor Philadelphia, PA 19103 (215) 399-4376 DATE: Attorney for Defendants, Roger O. Shisher t/d/b/a Weaver Insurance Agency SHERIFF'S RETURN - OUT OF COUNTY ~ CAST NO: 2002-02318 p · COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEATTY E RICHARD JR ET AL VS SLUSHER ROGER O TDBA WEAVER IN R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SLUSHER ROGER O T/D/B/A WEAVER INSUR3kNCE AGENCY but was unable to locate Them in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 23rd , 2002 this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co 18.00 9.00 10.00 41.44 .00 78.44 05/23/2002 HANFT & KNIGHT R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ! 2~_~ A.D. Prothonot~r~ SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR r~ L~ i; PROCE~_$ RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINT~EF/S/ E Rj~h~d Beatt¥, Jr. and Mary E. Beatty 3. DEFENDANT/S/ Roqer O. Slusher t/d/b/a Weaver Insurance Aoencv SERVE f 5 NAME OF ~NDIV~DUAL. COMPANY. CORPORATION. ETC~TO BE SERVED Roger O. Slusher DO NOT DETACH ANY OOPIF~:' 4 TYPE OF WRIT OR COMPLAINT Civil Complaint 6. ADDRESS (Street or RFC), Apartment NO., City, Soro, Twg, State and ZIP Code) AT 248B Maple Avenue, Quarryviller PA 17566 7 INDICATE UNUSUAL SERVICE~E] DEPUTIZE [] OTHER _~_w~l~_~-I ~r~l , I, SHERIFF OF LANCASTER COUNTY, PA., do h_erg,~Y ~[l~outize the Sheriff of Now, .'L;r;~.~n~a.~r~rl0. 20(~9 County to execute this Writ~rn thereof agf..4~lj~ to law. This deputation being made at the request and risk of the plaintiff. Sf'~SF~ERIFF/~I~'~~OF LANCASTER COU ~'~.--~'~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASelST IN EXPEDITING SERVICE: C~nrer£and~/ CUMBR~T.A~D CO NOTE ONLY APPLICABLE ON WaIT OF EXECUTION: N.B. WAWER OF WATCHMAN - Any debUty sheriff levying upon or attaching any properly under within wdt may leave same without a watch man,in custody of whomever is fo und in possession, after notifying pareD n of levy or attachment, without liability on the part of SUC,~ d~outy or the sheriff to any plaintiff herein Ior any loss, destruction or removal of any such property before sheriff's sale thereof. 9. ' f A ther ORIGINATOR 10. TELEPHONE NUMBER 1 1. DATE ' -~ (717) 249-5373 5/10/02 12. SEND N4~ OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). William A. ~ms 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 HANFT & KNIGHT SPACE ~! ~ F~R ~ OF~FF' ~NLY 13. I acknowledge receipt of the writ) NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing dal~ orcomplaintasindicatedabove, f /L~TE WAL~O~ 717-295-3609 5/15/02 6/10/02 1E., hereby CERTIFY ~od R~rURN h~l~ ..~?e ~erson=,y se~ed. [] hava ,ega~ ev!dence of ~.e?c~. "Remarks", the writ or compisint described on the indiwdual, company, corporahon, etc., a~ me aaores$ sn°wn ao°ve °r °n ['~ I'ulVluUm, ~u"~" y' - potation, etc., at the address inserted below by handing a TRUE and A~ESTED COPY thereof 17.0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. [~NoService State and Zip Code) ~/~ .,~,,~'~'~-//./"~----~,,~:~./~.'~ ~.._ I~ --~ _ ,~ ~ ~ 23 A~EMPTS ~e ~M es De~tl Dat~ I ~iss ~Dep. lnt. I Date I Miis~ I Oe~. Int. I Date Miles Oep. Int. Dat~ Miles ~ Dap. Int. /'/ MY COMMISSION EXPIRES 35 Signature of Sherilf 1. WHITE - Issuing Authority 2. PINK * Attorney 3. CANARY - Sher~s Office SLUE - Sheriffs Office SwART'Z, CAMPBELL & DETWEILER BY: Jeffrey B. McCarron, Esquire Justin E. Murphy, Esquire Identification No. 49467/81085 1601 Market Street, 34th Floor Philadelphia, PA 19103 (215) 564-5190 E. RICHARD BEATTY MARY E. BEATTY ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY Attorney for Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CML TERM NO. 02-2318 pHAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached original verification of Roger O. Slusher, t/d/b/a Weaver Insurance Agency to the answer of defendant to complaint with new matter which was filed on June 19, 2002. SWARTZ, CAMBELL & DETWEILER BY: on Attorney for Defendants, Roger O. Slusher t/d/b/a Weaver Insurance Agency DATE: ~~'~ ~002 _..~S~A~..~_~AMPBE LLSd)ET~ I LR 06/13/02 08:04 FAX 215 299 4301 The undersigned verifies that the facts set forth in answer of defendant to amended to compl~nt with new mat~cer are true aud correct. The undersignecl made subject to the penalties of 18 Pa tmrlersta~. ~ that false statements herein are C.$.A. §4904, relating to unsworn falsification to authorities. SWARTZ, CAMPBELL & DETWEILER BY: Jeffrey B. McCarron, Esquire Justin Murphy, Esquire Identification No. 49467/81085 1601 Market Street, 34th Floor Philadelphia, PA 19103 (215) 564-5190 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF. Attorney for Defendant E. RICHARD BEATTY : MARY E. BEATTY : : v. : CML TERM : ROGER O. SLUSHER, t/d/b/a : NO. 02-2318 WEAVER INSURANCE AGENCY : COURT OF COMMON PLEAS CUMBERLAND COUNTY ANSWER OF DEFENDANT TO COMPLAINT WITH NEW MATTER Defendant, Roger 0. Slusher t/d/b/a Weaver Insurance Agency, through his attorneys, Swartz, Campbell & Detweiler, hereby responds to the averments of the complaint and denies all liability to plaintiffs: 1. Admitted in part, denied in part. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment concerning the residence location of plaintiffs. 2. Admitted in part, denied in part. The averment is denied to the extent it is inconsistent with the insurance policy. 3. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief about the truth of the averments. 4. Admitted in part, denied in part. The averment is denied to the extent it is inconsistent with the insurance policy. 5. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment concerning the manner of destruction of the potato storage building. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief about the truth of the averments. 7. Admitted in part, denied in part. The averment is denied to the extent it is inconsistent with the letter attached as Exhibit "A." 8. Admitted in part, denied in part. Plaintiffs requested and answering defendant agreed to delete coverage for the potato storage building on the policy renewal for the period 1/10/02 to 1/10/03. It is denied that plaintiffs requested and instructed answering defendant to add coverage for the "new steel building." 9. Admitted in part, denied in part. At the request of plaintiffs, answering defendant deleted coverage for the potato storage building on the policy renewal for the period 1/10/02 to 1/10/03. It is denied that answering defendant advised plaintiffs that coverage would be added for the "new steel building." 10. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment. -2- 11. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment. 12. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment. 13. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment. COUNT I 14. Answering defendant incorporates by reference his answers to the above paragraphs. Denied. The allegation is a conclusion of law to which no response is 15. required. 16. A.&B. Denied. Defendant did not breach a contract. Defendant performed as requested and agreed. Plaintiffs did not instruct or request coverage on December 27, 2001 for a "new steel building." 17. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment. COUNT II 18. Answering defendant incorporates by reference his answers to the above paragraphs. 19. Denied. The allegation is a conclusion of law to which no response is required. -3- 20. A-D. Denied. Defendant did not breach a duty and was not negligent or careless. Plaintiff did not request or instruct answering defendant to obtain coverage on December 27, 2001. Answering defendant did not advise plaintiffs he would obtain coverage for the "new steel building." Defendant was not required to inspect the premises and meet with plaintiffs. 21. Denied. Defendant was not negligent or careless. Defendant acted in accordance with any duty or obligation. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief about the truth of the averment concerning the alleged loss. WHEREFORE, defendant demands judgment in his favor and against plaintiffs with interest, costs, and attorney's fees. NEW MATTER 22. Plaintiffs cannot state a cause of action against defendant for which relief may be granted. 23. Answering defendant deleted reference to coverage for the potato storage building on the policy renewal for the period 1/10/02 to 1/10/03 at the request of plaintiffs. 24. Answering defendant informed plaintiffs that the potato storage building was included on the policy renewal because plaintiffs were intending to rebuild the structure. 25. Plaintiffs never requested or instructed defendant to add or include coverage or for the "new steel building." Plaintiffs could have avoided the loss without undue burden, expense, or 26. humiliation. 27. Plaintiffs did not properly communicate a request for coverage for a "new steel building." 28. Plaintiffs did nothing to confirm coverage for the "new steel building" was obtained and provided. 29. Plaintiffs received the policy. 30. Plaintiffs had an obligation to read the policy to determine the nature and extent of coverages and whether the coverages were in accordance with their need. 31. Plaintiffs did not contact defendant and request coverage for the "new steel building" after receiving the policy. 32. Plaintiffs did not exercise care for their own protection. 33. The claims are barred by contributory negligence. 34. Plaintiffs failed to mitigate damages. 35. Plaintiffs were informed by defendant that the "new steel building" would not be covered when reference to coverage for the potato storage building was deleted from the insurance policy. -5- WHEREFORE, defendant demands judgment in his favor and against plaintiffs with interest and costs, and attorneys fees. SWARTZ, CAMPBELL & DETWEILER DATE: BY: A~y'UMccarr°n rphy for Defendant, Roger O. Slusher t/d/b/a Weaver Insurance Agency -6- ~ERIFICATION The undersigned verifies that the facts set forth in on.~wer of defendant to amended to comploi~t with new matSer are true and correct. The undersigned understands that false statements herein are made subject to the pen'alties of 18 Pa C.S.A. §4904, relating to unsworn £alsification to authorities. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAF~ COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) E. RICHARD BEA~'2Y, JR. and MARY E. BEA~'~Y (Plaintiff) VS. ROGRRO. SLUSHER, t/d/b/a VS · ( Defendant ) (check one) (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on and Trials con~ence on Pretrials will be held on (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shal3 provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 2318 Civil X~ 2002 Indicate the attorney who will try case for the party who files this praecipe: William A. Addams, 19 Brookwood Avenue, Suite 106, Carlisle,?PA 17013 249-5373 Indicate trial counsel for other parties if known:: Jeffrey B. McCarron, Swartz, Campbell & Detweiler, 1601 Market Street, 34th Floor, Philadelphia, PA 19103-2316 This case is ready for trial. Date: March 20, 2003 Print Name: William A. Ax]dams Attorney for: Plaintiffs E. RICHARD BEATTY, JR. and MARY E. BEATTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2318 CIVIL ROGER O. SLUSHER, t/d/b/a : WEAVER INSURANCE AGENCY IN RE: PRETRIAL CONFERENCF ORDER OF COURT AND NOW, March 24, 2003, the pretrial conference in the above matter is set for Wednesday, April 9, 2003; date for the non-jury trial will be set at the pretrial conference. P,J, William A. Addams, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Jeffrey B. McCarron, Esquire Swartz, Campbell & Detweiler 1601 Market Street, 34th Floor Philadelphia, PA 19103-2316 Court Administrator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E. RICHARD BEATTY and MARY, BEATTY, Plaintiffs ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY, Defendants : CIVIL TERM : No. 02-2318 .. : : .. PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Inasmuch as Christopher Froelich has left the Law Firm of Swartz Campbell, please substitute my appearance in this matter as counsel of record for the Defendants. By: SWARTZ CAMPBELL LLC · ' y ,ff~squire I.D. # 54039 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-2515 Counsel for Defendants Dated: CERTIFICATE OF SERVICF I hereby certify that I have on the date indicated below, served true and correct copies of the Praecipe for Entry of Appearance upon the following persons by United States Mail, First Class, postage prepaid, in accordance with the requirements of Pa. R.A.P. 121' William A. Addams, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 By: SWARTZ CAMPBELL LLC Robert A. Taylor,,~squire Attorney I.D. No. 54039 1631 North Front Street Harrisburg, PA 17102 (717) 233-3515 Counsel for Defendant E. RICHARD BEATTY, JR. and MARY E. BEATTY, Plaimiffs Vo ROGER O. SLUSHER, t/d/b/a WEAVER INSURANCE AGENCY, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-2318 CIVIL TERM PRAECIPE Sir: Please mark this action settled and discontinued· HANFT & KNIGHT, P.C. ro~ Date: Curtis R. Long, Prothonotary May 29, 2003 William A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiffs F:\User FoldefiFirm Docs\WAAX2712. lkAnswers.lnterr, wpd