State Farm Fire and Casualty Company v. Dissinger et al

Filing 11

ORDER & CONSENT JUDGMENT - It is hereby ORDERED that: 1. State Farm's stip 8 construed by ct as stipulated consent jdgmt 9 APPROVED.; 2. Declaratory jdgmt ENTERED in favor of State Farm & against defts insofar as it is DECLARED that State F arm does not have duty to defend or indemnify deft Evan Dissinger for c/o in matter of MR v. Daniel Sowers, No. 2016-01761 in Lebanon CCCP or for any claim arising out of the incident described in that action.; 3. Clrk of Ct directed to CLOSE this case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 5/9/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STATE FARM FIRE AND
CASUALTY COMPANY,
Plaintiff
v.
EVAN DISSINGER, KELLI L.
DISSINGER, and RICHARD S.
DISSINGER,
Defendants

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CIVIL ACTION NO. 1:17-CV-380
(Chief Judge Conner)

ORDER & CONSENT JUDGMENT
AND NOW, this 9th day of May, 2017, upon consideration of the complaint
(Doc. 1) for declaratory judgment filed March 1, 2017 by plaintiff State Farm Fire
and Casualty Company (“State Farm”), wherein State Farm requests declaratory
judgment concerning a homeowners’ insurance policy issued to pro se defendants
Kelli L. Dissinger and Richard S. Dissinger (“the policyholders”), and specifically
requests the court to declare that State Farm has no duty to defend or indemnify
pro se defendant Evan Dissinger (“Dissinger”), the policyholders’ son and resident
relative of the household insured under the State Farm policy, in a separate civil
action presently pending in the Lebanon County Court of Common Pleas under the
caption M.R. v. Daniel Sowers, et al., No. 2016-1761, and further upon consideration
of the stipulation (Doc. 8) filed by State Farm on April 20, 2017, wherein State Farm
indicates that all parties sub judice have agreed to what purports to be a stipulated
consent judgment declaring that State Farm has no duty to defend or indemnify
defendant Dissinger in the state court matter, which stipulation also purports to

bear the signature of all defendants, and, upon order of this court, (Doc. 9), all pro se
defendants having separately confirmed their concurrence in the stipulation, it is
hereby ORDERED that:
1.

State Farm’s stipulation (Doc. 8), having been construed by the court
as a stipulated consent judgment, (see Doc. 9), is APPROVED.

2.

Declaratory judgment is ENTERED in favor of State Farm and against
the defendants insofar as it is DECLARED that State Farm does not
have a duty to defend or indemnify defendant Evan Dissinger for the
complaint in the matter of M.R. v. Daniel Sowers, No. 2016-01761, in
the Lebanon County Court of Common Pleas, or for any claim arising
out of the incident described in that action.

3.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania