Opinion
Civil Action 22-190
04-04-2022
STATE FARM FIRE AND CASUALTY COMPANY v. CATHERINE RUFFENACH, et al
ORDER
KEARNEY, J.
AND NOW, this 4th day of April 2022, upon considering Plaintiff's Motion for judgment on the pleadings (ECF Doc. No. 15), Defendant Catherine Ruffenach's Opposition (ECF Doc. No. 22), Plaintiff's Reply (ECF Doc. No. 23), mindful of the present default in response by Defendant Gerard Ruffenach resulting in him no longer receiving service from the Clerk of Court, and for reasons in the accompanying Memorandum, it is ORDERED Plaintiff's Motion for judgment on the pleadings (ECF Doc. No. 15) is GRANTED requiring:
1. We enter JUDGMENT in favor of State Farm Fire and Casualty Company against Catherine Ruffenach;
2. We DECLARE State Farm Fire and Casualty Company need not defend or indemnify Catherine Ruffenach in the Philadelphia Court of Common Pleas lawsuits attached to the Complaint (ECF Doc. No. 1) captioned Jane Doe, et al. v. Hand and Stone Franchise Corp., et al., No. 190804964 (Phila. Cnty. Ct. Com. Pl. Oct. 17, 2019); Jane Doe v. Hand and Stone Franchise Corp., et al., No. 190903709 (Phila. Cnty. Ct. Com. Pl. Nov. 13, 2019); and Jane Doe v. Hand and Stone Franchise Corp., et al., No. 190903709 (Phila. Cnty. Ct. Com. Pl. Nov. 13, 2019);
3. Plaintiff shall, by April 8, 2022, either: voluntarily dismiss its claim for declaratory relief against Gerard Ruffenach in reliance upon Paragraph 1 of this Order as to Catherine Ruffenach; move for default judgment against Gerard Ruffenach; or show cause in a Memorandum not exceeding five pages as to why we should not enter judgment against Gerard Ruffenach; and, 4. Plaintiff shall serve this Order and accompanying Memorandum upon Gerard Ruffenach no later than April 6, 2022 and file a certificate of service confirming compliance with this Order no later than April 8, 2022 and shall thereafter effect separate certified mail or hand delivery service of its additional filings upon Gerard Ruffenach until final judgment.