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CO~MpNWI>ALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Cumberland County
JUDICIAL DISTRICT
NOTICE OF APPEAL/_/y_OCJ
FROM -ZtnrO. :;1'3 ~U-
DISTRICT ,JUSTICE JUDGMENT
COMMON PLEAS No.
..21J7JV - ,;( 3'3 Cux::t r.u-.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in thRcase mentioned below.
NAME OF APPe:LI.ANT
MAG. DIST. NO. OR NAME OF D.J.
Charles D. Stouffer, t/a George C. Stouffer & Sons
09-1-01
ADDRESS OF APPEI.LANT
CITY
STATE
ZIP CODE
613 Megan Lane, Mechanicsburg, PA 17055
DATE OF JUDGMENT
IN TI--lE CASE OF {Pla;Mdfj
lOefe"da"rJ
12-15-99
Motorists Insurance Companies
George C. Stouffer & Sons
CLAIM NO.
CV 19 0000405-99
LT 19
This block will be signed ONLY when this notation is required'
R.C.P.J.P. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
.
Pa, R.CP.JP,
in action before District Justice, he
A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to /1e used ONL Y when appellant was DEFENDANT (see Pa, R.CP.JP. No, 1001(7) in action before District Justice,
IF NOT USED. detach from copy of notice of appeal to be served upon appellee),
PRAECIPE: To Prothonotary
Enter rule upon Motorists Insurance Companies ,appellee(s). to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No:2.~(!)O- J~3 (l..l;~ I~ within twenty (20) days after service of rule or suffer
RULE: To
Motorists Insurance Companies
Name of appellee(s)
, appellee(s)
I attorney or agent
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20), days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Dat4-v"~'r Ie.) ,.~
Aope 312,90
COuFcr FILe -fO Be Fu...cu Wttn, i::Ji-lO~J-nOi'v.O-~AMY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; 55
AFFIDAVIT: I hereby swear or affirm that I served
o
a copy of the Notice of Appeal, Common- Pleas No.
(date of service) ,19_, 0
receipt attached hereto, and upon the appellee, (name)
,19__D by personal service
, upon the District Justice designated therein on
by personal service 0 by (certified) (registered) mail, sender's
, on
o by (certified) {registered} mail, sender's receipt attached hereto.
o
and further that I served the Rule to
whom the Rule was addressed on
mail, sender's receipt attached hereto.
File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
,19_, 0 by personal service 0 by (certified) (registered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,19__
Signature of amant
Signature of official before whom affidavit was made
Title of olficial
My commission expires on
,19__
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" COMMONWEALTH OF PENNSYL \ i' "JIA
, COUNTY OF: CUMBERLAtm ",,'
09-1-01
NOTICE OF "1DGMENTITRANSCRIPT
6...iIL CASE
PLAINTIFF: NAME and ADDRESS
'MOTORISTS INSURANCg COMPANIES I
471 gAST BRoAD ST
COLUMBUS, OH 43215-4321
L ,j
Mag. Dis\. No.:
OJ Name: Hon.
CHAR.LElJ A. CLEMENT, JR.
Ad""" 1106 cAJ:{LISLg ROAn
',' cMt1>HILL, PA
T._~~d17) 761-4940 17011
VS.
GgORGE C. STOUFFER AND SONS ETC.
31112 CEDAR AVE
cAMp HILL; PA 17011
DEFENDANT: NAME and ADDRESS
IgEORGE C. STOUFFER AND SONS ETC. I
381~ CEbAR AVE
CAMP HILL; PA 17011
L ,j
Docket No.: CV-0000405-99
Date Filed: 9/15/99
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tHI~ IS TO NOtl~Y YOU THAT:
" ~ 'Judgment:
[iJ Jud(jment was entered for: (Na.me)
[iJ Judgment was entered against: (Name)
FOR PI.AIN't'IFF ,,~,
MnTnRTf:T~ TM~TTRllMl"'.'R l"'.nM'PllMT'RA
~ROR~R C. gTOIJFFRR Ann gONg RTC.
in the amount of $
r:;; fi2R RO on:
(Date of Judgment)
12/1r:;jqq
o Defendants are joihtly and severally liable,
o Damages will be assessedoh:
(Date & Time)
O Amount of Judgment Subject to
, Attachment/Act 5 ()f 1996 $
Amount of Judgment , $ 5;562.80
Judgment Costs $ 66.00
Interest on Judgment $ .00
Attorney Fees $ .00
Tota.l $ 5,628.80
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
~ 0 This case dismissed without prejudice.
o Levy is stayed for
days or 0 generally stayed,
o Objection to levy has been filed and hearing will be held:
"
Date: Place:
,
Time: > ' ~
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ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY o!"'JihXl~E~~ BY f~UNG ANOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF' coMMoN Pl.EAS, Glvn,>bl~i9jON. yoU
MUST INC, LUDE A COPY OF THIS NOTICE OF' JUDGMENT/t~NQ~T FOFiMvi~~:,Y6lil'itj?1ti~OF ~PP~AL.
12/15/1999 Date, " , Q" '>', ,'trictJustice
I certify that this is a true, and correct copy of the record of the proceedings containiri'g1hS judgment.
Date
. District Justice
My commission expires first Monday of January, l~ 2002
Aope 315,99
SEAL
"
COMM<~NWEAL TH OF PENNSYLVANIA
"'
COURT OF COMMON PLEAS
Cumberland County
JUDICIAL DISTRICT
NOTICE OF APPEAL/_1'I_oO
FROM .< (J"'1Jt), ;; J' 3 C!..Ud Ib-.
DISTRICT ,IUSTICE JUDGMENT
COMMON PLEAS No. ..2 tJ7.JV - ;) g.3 ~ r;~,~
NOTICE OF APPEAL
Notice is given that the appellan~t has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date al1d in the case mentioned below.
NAME Of' APPEl.l.<ANT
MAli. DIST. ND. OR N....ME OF D.J.
Charles D. Stouffer, t/a George C. Stouffer & Sons
09-1-01
ADDRESS Of' APPELLANT
CITY
STATE
ZIP COI:IE
613 Megan Lane, Mechanicsburg, PA 17055
DATE OF JUDGM(l:"IT
1"1 THE C....SE OF IP'~;Mdll
1D~1~"ddnti
12-15-99
Motorists Insurance Companies
George C. Stouffer & Sons
CLAIM "10.
CV19 0000405-99
LT 19
This block will be signed ONLY when this notation is required
R.C.P.J.P. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see Pa, 'R.CP.J.?-
in action before Djstrjct Justice, he
COMPLAINT within twenty (20)
days after filing his NOTICE.of APPEAL
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa, R.C.PJP, No. 1001(7) in action before District Justice,.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Motorists Insurance Companies . . . .
Enter rule upon , appellee(sl, to flle a complaint In thIS appeal
Name of appellee(s) _
(Common Pleas No:J..(!;(!)O- ,) H3 ~ I~) within t~enty (20) days after service of r~;e or suff
,-; ,', '::- :;;:;,
en ry of judgmenfbf non pros.
RULE: To
Motorists tnsurance Companies
, ' .
is attifn~r or agen t
Name-'of appellee(s}
, appellee(s)
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(1) You are notifi~d that a rule is hereby entered upon you to file a complaint in this appeal wit~:r:l....twe~tv":(.2Q;t'-da~:s',~f,te{,..th.tttate of
service of this rule upon you by ""rsonal service or by certified or regi~::ed, ~a,il. _., "\ \::, ",,', """ :,i"', \
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTER~j;}:AGA'INST Y.oU.',
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(3) The date of service of this rule if service was by mail is the date of mailing.
Dat~ 1'1 ,~;lmnJ ~
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' ~," Signature of Prothonotary' Deputv
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PROOF OF SERVICE OF NOTlC~ OF Af'~EALAI\ID RULE TOF.ltECOMf'LAINT
(This proof of service1vfUST BE FILED WITHIN TENklO) DAYS AFTER fifing the notice of appeal, Check applicable,boxes)
COiVlM9NWEALT,H OF,fENNSYlVANIA,'
COUNTY OF__,__ (D<<.t~,~\h~___
';;SS
AFFIDAVIT: ! hereby sweal' or affirrT~ 11}at I servecl
~?PV of thE' l\Jo~,ice of. P"RPe~l, Co~ r;~ 0\' 'PI:'~~ N:~.,4cLOf) - ;i~,U~q~;:\~~~t'J'us-tice ,design.iJtet;1. tIJ,~r~in:?n
(date of service) ~evv"\. l_~~_____" 12J~ ..:[J by perso.n?1,s~rvic9. ~y (cenifi~d) ,Iregis.ter:ed) n)qjJ. send~t's
receipt attached hereto, and upon ,lhe ~)ppellt~e, (name).__tJ e.q,-tb-~-~~.~:j-:lc:-~,..b-.E_.s:l~~~. c-, '_.'_:,' ".:;:,~,,~:1
_~~~1~~.._, }9~Qal-D oy pe:'sonal service ~)y (CenlfIEd) (registered) mall, sender-s'l'ecelpt'attac-Hed-hereto.
~'fLlfther' that 'I served the Rule tQ--File J' Complaint acc-OrnpaflYin~, 'the "above Notice -of Appeal--upoH"-tlie;:'ap-pel'IE~c\s) to
whom the Rule was addressed on_._~+~__, %,!-oo, 0 'by 'personal .service B1JV' l~ertified) (registel'edl
- mait"sender's receipt attached hereto'. " ,1<, "
SWORN IAFFIRMED)AN
THIS' /'1' DAY Of'
.
UBSCRI.BEO BEFO~RE ME
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My commission expires on~~,2-,__, 1%-~O 2-
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MOTORISTS INSURANCE COMPANIES: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. 2000-283
CIVIL ACTION - LAW
CHARLES D. STOUFFER individually
and d/b/a GEORGE e. STOUFFER &
SONS, THERESA A. STOUFFER,
individually, d/b/a GEORGE C.
STOUFFER & SONS, and as a personal
representative of the Estate of GEORGE C. :
STOUFFER, and GEORGE C. STOUFFER:
& SONS, a partnership,
Defendants
JURY TRIAL 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 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 WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY, AVENUE
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CARLISLFrPA' 17013
(717)2~9-3166 .
METZGER, WICKERSHAM, KNAUSS & ERB, P.e.
By: ~(/~
HEATHER L. HARBAUGH, ESQUIRE
J.D. 83997
3211 North FrontStreet
Post Office Box 5300.
Harrisburg, PA 17110,0300
(717) 238-8187
Attorney for Plaintiff
Document #: J 67782. J
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A VISO
USTED HA SIDO DEMANDADO/EN LA CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las paginas, debe tomar accion dentro de los
proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personahnente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se
Ie advierte de que si usted falla de tamar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0
cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u ostros
derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABODAGO
IMMEDlATAMENTE. SI USTED NO TIENE UN ABODGADO 0 NO PUEDE PAGARLE
A UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Document #: 167782.1
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MOTORISTS INSURANCE COMPANIES: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO, 2000,283
CIVIL ACTION - LAW
CHARLES D. STOUFFER individually
and d/b/a GEORGE C. STOUFFER &
SONS, THERESA A. STOUFFER,
individually, d/b/a GEORGE C.
STOUFFER & SONS, and as a personal
representative of the Estate of GEORGE C, :
STOUFFER, and GEORGE C, STOUFFER:
& SONS, a partnership,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Motorists Insurance Companies is a corporation licensed to sell
insurance in the Commonwealth of Pennsylvania, with a principal place of business at 471 East
Broad Street, Columbus, Ohio 43215.
2. Defendant, Charles D. Stouffer, is an adult individual d/b/a George C. Stouffer
& Sons with a business address of 3812 Cedar Avenue, Camp Hill, Cumberland County,
Pennsylvania.
3. Defendant, Theresa A. Stouffer, is an adult individual currently residing at 3812
Cedar Lane, Camp Hill, Cumberland County, Pennsylvania.
4. Upon the death of George C. Stouffer on Apri112, 1994, an estate was opened
and Defendant Theresa A. Stouffer was named personal representative of the estate.
5. Defendant, George C. Stouffer & Son, is a partnership doing business within
the Commonwealth of Pennsylvania with a business address of 3812 Cedar Avenue, Camp
Hill, Cumberland County, Pennsylvania,
Document #: 167782.1
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5, Defendant, George C, Stouffer & Son, is a partnership doing business within
the Commonwealth of Pennsylvania with a business address of 3812 Cedar Avenue, Camp
Hill, Cumberland County, Pennsylvania.
6. At all times material to this Complaint, Defendants actions were within the
course and scope of their partnership and through their duly authorized agents, servants,
workman and/or employees, acting within the scope of their authority and/or employment.
7. All of the acts alleged to have been done by the Defendants were done or not
done by said Defendants, their agents, servants, workmen and or/ employees, acting within the
scope of their employment with and/or on behalf of Defendants
8. On or before June 1, 1994, upon application by Defendants, Plaintiff issued to
Defendants a commercial general liability insurance policy number 33,203851, which was
renewed yearly and covered a policy period of May 25, 1996 to May 25, 1997. A copy of the
applicable declaration page and policy is attached hereto, incorporated herein and marked
Exhibit "A".
9, During the aforesaid policy period, the Defendants agreed to pay the policy
premiums and any adjustment audits under the aforesaid application and policy in return for the
coverage provided by the policy.
10. During the aforesaid 1996,1997 policy period, Plaintiff provided coverage to
Defendants for commercial general liability .
11. During the aforesaid 1996,1997 policy period, the annual premium for said
coverage totaled $469.00.
Document #: 167782.1
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12. During the aforesaid 1996-1997 policy period, audit adjustments under the
policy totaled $2,953.00.
13. The total due by the Defendants for the aforesaid 1996-1997 policy period was
$3,422.00.
14. The Defendants made payments and/or received credit before or during the
aforesaid 1996-1997 policy period of $469,00,
15, The balance currently owed by the Defendants after subtracting their payments
and/or credits for the 1996,1997 policy period is the sum of $2,953.00.
16. On May 25, 1997, the policy was cancelled due to Defendants' refusal to pay
the fu111996,1997 audit premium.
COUNT I
BREACH OF CONTRACT
17. The averments of paragraphs 1 through 16 above are hereby incorporated by
reference.
18. The Plaintiff has provided and has performed all conditions and agreements
under said policy of insurance to be performed on its part for the aforesaid 1996-1997 policy
period,
19. The Defendants have refuse and still refuse to pay the balance of the premium
owed by the aforesaid 1996-1997 policy period, despite demand therefor and through no fault
of the Plaintiff.
Document #: 167782.1
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20. By reason of the defendants' breach of the insurance contract, the Plaintiff has
been damaged in the amount of $2,953.00.
WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of
$2,953.00, together with interest, attorney fees, damages for delay and costs of this action,
which amount is within the limits for compulsory arbitration in Cumberland County.
COUNT II
UNJUST ENRICHMENT
21. The averments of paragraphs 1 through 20 of this complaint are hereby
incorporated by reference as if more fully set forth.
22. The Defendants accepted and received the benefit of insurance coverage for the
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aforesaid period of 1996,1997 policy from the Plaintiff without paying the full premium and
was thereby unjustly enriched at plaintiff's expense in the amount of $2,953.00,
WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of
$2,953.00, together with interest, attorney fees, damages for delay and costs of this action,
which amount is within the limits for compulsory arbitration in Cumberland County.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated: .;/ f 6 100
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Document #: 167782.1
By: ~~~IRE
LD. 83997
3211 North Front Street
Post Office Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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MOTORISTS INS
ID:6142258615
FEB 03'00
10:46 No.011 P.02
,
YIlRIFICAI1Q.~
The undersigned. being the OCCOLU1tCD~~otorjst.~ WW'aDCe Companies,
makes this Verificalion on its behalf. being authorized 51) to do. ccrLifyirig that tbe rdeti set forth
in the foregoing Complaint arc true and correct to the best of her knowICdgt:. information and
belief. and further states thlIl. false statements herein are mndc subject to:'lhe penalties of 18 I'a,
C.S.A. 14904. relating to unsworn falsifications to authorities.
Dated:
j1,. 3--00
MOTORISTS JNSURANG~E COMPANIES
~~~ R~,lU4rh
Sandy Richards .
'fitle: (Jtt(}t!(lf fH!?~el7f
Document #: 167'7JJ1,/
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CERTIFICATE OF SERVICE
d-
AND NOW, this rday of February, 2000, I, Heather L. Harbaugh, Esquire, of
Metzger, Wickersham, Knauss & Erb, P.c., attorneys for Plaintiff, hereby certify that I
served a copy of the within Complaint this day by depositing the same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Lawrence J. Neary, Esquire
108-112 Walnut Street
Harrisburg, PA 17101
Attorney for Charles D. Stouffer and
George C. Stouffer & Sons
SERVICE BY SHERIFF
Theresa A. Stouffer
3812 Cedar Lane
Camp Hill, PA 17011
?!btL~~;c
Heather L. Harbaugh
Document #: 167782.1
MOTORISTS MUTUAL INSURANCE COMPANY, COLUftBUS,OHIO
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33.203851
GEORGE C STOUFFER
ET At.
HAILING A~DRESS 3812 CEDAR AVE
POll CY NUMBER
CAMPHILL PA 17011
AS OF 05/07/1996
AGENT:
CONTE-BA1R INS & INVEST
150 CORPORATE CTR STEIOS
CAHP HILL PA 17011
AGENT , 1660 P~ODUCER 001
717-975-8150
NAilED INSURED
POLICY PERIOD: FROH OS/25/!996 TO OS/25/1997 AT .
.
12:01 A.H. STANDARD TIHE AT YOUR MAILING ADDRESS SHOWN ABOVE.
ENTITY FORKO~ BUSINESS: PARTNERSHIP
THIS DECLARATIONS PAGE TOGETHER WITH THE FORKS lISTEOIN THE SCHEDULE OF FORKS
AND ENDORSEHENTS COMPLETES THE ABOVE NUHBERED POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE FORKS.
C~ERCIAL GENERAL LIABILITYCCVERAGE FORH
POLICY PREHruM
TOTAL POLICY PREMIUM
THE PR.EHIUH flAY BE SUBJECT TO ADJUSTIlENT
$
$
1069.00
1069.00
FORIIS APPLICABLE TO ALL COVERAGE FORKS: SEE, THE SCHE.D.ULE OF FORKS AND
ENDORSEftENTS (I L 70 010).
(AUTHORIZED REPRESENTATIVE)
THIS ACKNOWLEDGES OUR RECEIPT OF YOUR.RENEWAL PREMIUH PAYftENT. UPON YOUR
PAYHENTOF THE TOTAL PREMIUM SHOWN ABOVE VIA FUTURE INSTAtU\ENTS. IF ANY.
THIS POLICY WILL REMIN IN FORCE FOR THE TERK SHO\/K) SUBJECT TO ALL OF
ITS nRHS AND CONDITIONS. THIS RENEWAL INCLUDES THE INTEREST OF .ANY
IIORTGAGE HOLDER OR LOSS PAYEE NAMED IN THE POliCY. POLICY CHANGES ISSUED
IN CONJUNCTION WITH llHS RENEWAL, IF ANY. ARE ATTACHED.
IL 7~02 0187
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CG 70 00 01 87
KOTORISTS KUTUAL INSURANCE COHPANY
COIlKERCIAL GENERAL LIABILITY COVERAGE FORK
DECLARATIONS PAGE
POLICY NUMBER: 33.203851
EFFECTIVE DATE: OS/25/94
NAKED INSURED: GEORGE C. STOUFFER ET AL
LIMITS OF INSURANCE
Each Occurrence Limit $ 100,000.
General Aggreaate Limit (Other than Products -
Co.pleted Operationa) $ 100,000.
Products - Completed Operations Aggregate Limit $ 100,000.
Personal & Advertising Injury Limit $ 100,000. Any One Person
or Organization
Fire Damaae Limit $ 50,000. Any One Fire
Medical Payments Limit $ 5,000. Any One Person
ALL PREKISES YOU OWN, RENT OR OCCUPY
See Schedule of Premises (IL 70 05)
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Number
Code
Number
Classificll~
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.91340
CARPENTRY - RESIDENTIAL
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THIS P:NDORSEtlENT CHANGES TIlE POLICY. PLEASE READ IT CAREFULLY
NAMED INSURED
For the purpose of this insurance, the Naaed Insured as shown in the Declarations
shall aean
GEORGE C. STOUFFER AND NICK STOUFFER
DBA GEORGl C. STOUFFER AND SONS
as lined Insured., provided that
GEORGE C. STOUFFER
may act for the Named Insured for all purposes of the policy and a preaium notice
or notice of caQcellation aailed to such entity shall be considered the saae as
mailing to the N8IIed Insured as provided in the preaiUll notice and CaJlcellatiOll.,
conditions of the policy.
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Hotod.~.' Mutual' IlI&ur&IICe ,~
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. ':r:.~' OF .0510111996
POLICY NUKBER: 33.203851
NAKE INSURED: GEORGE C STOUFFER
ET AL
FORK
* NO.
IL0021
I L0246
\L.Q910
IL,7003
IL7007
A IL7023
CGOOOI
CG0300
CG7000
* A-ADD
R_REVISED
D-DELETE
,.
EDITION
DATE
EFFEtTlVI!
DATE
TITLE
_________________FORKS APPLY TO ALL COVERAGE----------------------------------
11/1985 BROAD FORK NUCLEAR EXCLUSION
06/1989 PENNSYLVANIA CHANGESCANCELUTION AND NONRENWAL
01/1981 PENNSYLVANIA NOTICE
01/1987 KUTUAL PROVISIONS CO~N CONDITIONS
01/1987 NAKED INSURED .
12/1994 ADDITIONAL tQVERAGt";LEAO CONTAKINATIONLlABllITY
OS/25/1994
OS/25/1994
OS/25/1994
OS/25/1994
05/2511994
OS/25/1996
_____________________GENERAL LIABILITY----------------------------------------
10/1993 COKKERCIAL GENERAL LIABILITY COVERAGE FORK
10/1993 DEDUCTIBLE LIABILITY INSURANCE
01/1987 GENERAL LIABILITY COVERAGE FORK DECLARATION PAGE
05/25/1994
05/25/1994
05/25/1994
..
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PAGE 0001
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
,
NUCLEAR ENERGY LIABILITY EXCLUSION
!BROAD FORM)
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTO COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL EXCESS UMBREUA COVERAGE FORM
OWNERS ANO CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
1. The insurance does not apply:
A. Under any LIability Coverage. to "bodily injury".
or "property damage": . ~
(1) With respecttcj. wI1ich" an "insured" under
the policy is also "an ,InSured under a nuclear
energy liability policy issued by Nuclear En-
ergy Liability Insurance Association. Mutual
Atomic Energy Liability UnderWriters. Nuclear
Insurance Association of Canada or any of
their successors. or would be an insured
under any such policy but for its tennination
upon exhaustion of its limit of liability; or
(2) Resulting from the "hazardous properties" of
"nuclear material" and with respect to which
(a) any person or organization is required to
maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law
amendatory thereof, or (b) the "insured" is,
or had this policy not been issued would
be, entitled to indemnity from the United
States of America. or any agency thereof,
under any agreement entered into by the
United States of America. or any agency
thereof. with imy person or organization.
B. Under any Medical Payments coverage. to ex-
penses incurred with respect to "bodily injury"
resulting from the "hazardous properties" of
"nuclear material" and arising out of the oper-
ation of I "nuclear facility" by any person or
organizatiolL '. ~..
C. Under iny liability ,Coverage. to "bodily injury"
.or "property damage" resulting from the "hat'"
anlous 'pruperties"of '~nuclear material." If: . , .
(1) The "nuclear material" (a) is at any "nuclear
facility"~wned by. or operated by or on
behalf of.. an "insured" or (b) has been
disCharged,~r ~ispersed therefrom;
(2) The "nu~hiarm!lterial" is contained in "spent
fuel" or' '~waste" at any time possessed,
handled, . used, "processed, stored, transported
or disposed of by or on behalf of an "in-
sured;" or
(3) The "bodily injury" or "property damage"
arises out of the fumishing by an "insured"
of services. materials. parts or equipment in
connection with the planning. construction.
maintenance, operation or use of any "nuclear
facility." but if such facility is located
within the United States of America. its
territories or possessions or Canada. this
exclusion (3) applies only to "property
damage" to such "nuclear facility". and any
property thereat .
2. As used in this endorsement:
"Hazardous properties" include radioactive. toxic or
explosive properties;
"Nucl"ar material" means "source material." "Spe-
cial nuclear material" or "bY-ProdUct material;"
"Source material." "special nuclear material:' and
"by-product material" have the meanings given them
in. the Atomic Energy Act of .1954 or in any law
imendatory thereof; .. .
"Spent fuel" ,means, . any fuel, element or fuel
col!1ponent, solid or liquid. 'whlchhasbeeli used or.
exposed, to, radiation in 8 "nuc!'arreactor."
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'Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentration
of uranium or thorium from any ore processed pri-
marily for its "source material" content and (b)
resulting from the operation by any person or or-
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nuclear
facility,"
"Nuclear facility" means:
(a) Any "nuclear reactor;"
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium
or plutonium. (2) processing or utilizing
"spent fuel," or (3) handling. processing. or
,packaging "waste;" ., .. .
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IL 00 21' 11 85
(e) Any equipment or device used for the proc-
essing. fabricating or alloying of "special
nuclear material" if at any time the total
amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of plutonium
or uranium 233 or any combination thereof,
or more than 250 grams of uranium 235;
(ell Any structure, basin. excavation, premises or
place prepared or used for the storage of
disposal of "waste;"
and includes the site o~ Y:/hiph any of the foregoing
is located, all operati~ns ~onducted on such site
and all premises use( f~r. such operations;
"Nuclear reactor" me'ah~~aiiy apparatus designed or
, used to sustain nucleaf;:fi$sion in a self-supporting
chain reaction or to contain a critical mass of
fissionable material;
"Property damage" inc,ludes all forms of radioactive
contamination of property,
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PENNSYLVANIA CHANGES - CANCELLATION
AND NONRENEW AL
This endorsement modifies insurance provided under the following;
BOILER AND MACHINERY COVERAGE FORM
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE FORM
COMMERCIAl. CRIME COVERAGE FORM *
COMMERCiAl GENERAL LIABILITY COVERAGE FORM
COMMERCiAl PROPERTY COVERAGE FORM
COIll1MERCIAL INlAND MARINE COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
* This' endorsement does not apply to coverage provided', f~r,employee dishonesty (Coverage Form AI or
plibli~employee dishonesty (Coverage Forms 0 and PI' "" . .
A. The CANCEUATION Common Policy Condition is
replaced by the following:
CANCEllATION
1. The first Named Insured shown in the Declara-
tions may cancel this policy by writing or giving
notice of cancellation.
2. CANCEUATIDN OF POLICIES IN EFFECT FOR LESS
THAN 60 DAYS
We may cancel this policy by mailing or de-
Iiveringto the first Named Insured written notice
of cancellation at least 30 days before the ef-
leetille date of eal,eellalion.
3. CANCEI.LA TION OF POLICIES IN EFFECT FOR 60
DAYS OR MORE
If this policy has been in effect for 60 days
or more or if this policy is a renewal of a
policy we issued, we may cancel this policy
only for one or more of the following reasons:
8. You have made a material misrepresentation
which affects. the insurability. of the risk.
Notice of. cancellation will be. mailed or
delivered at least 15 days before the, ef,.
fllctivedate. of cance,lIation. '. .
b; VOIl ,have.,faillld, to'pay a1Jl'llmilim when due.
whether."the""premiulll '.is".,payable',4ire!rtly.,.,~
us.lJl'1i1ir "l!geriD;;orlllliili~lyil/nd~l'a:llll!.. '
mlum "'finahcek,plen"iCiri.,extensian';,,.of','1lredil
'Notice of cancellatlbn . wlllbemaUed. at
least,45, days. ,tieforethe ,'effeetlve",'liateof
cancellation.
c. A condition. factor or loss experience ma-
terial to insurability has changed substantially
or a substantial condition. factor or loss
experience material to insurability has be-
come known during the policy period. Notice
of cancellation will be mailed or delivered
at least 60 days before the effective date
of cancellation.
d. Loss of reinsurance or a substantial decrease
in reinsurance has occurred. which loss or
decrease. at the time of cancellation. shall
be certified to the Insurance Commissioner
as dimr.Uy attAr-fing in-fnrr.A pnlir.iA~ Nnfir.A
of cancellation will be mailed or delivered
at least 60 days before the effective date
of cancellation.
e. Material failure to comply with policy terms.
'-conditions or contractual duties. Notice of
cancellation will be mailed or delivered at
least 60 days before the effective date of
cancellation.
f. Other reasons that the Insurance Commis-
sioner may approve. ~ Notice of cancellation
will be maiied or cllelivenid' at least 60 days
. before uie'effei:tive.~ite of. cancellation.
This policy ,IDly,' .I~;!llei
tion ,.uPeon llii:>j , .
1hrl!uob. f~~II'
concealment
of the risk or totll,)
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4. We will mail or deliver our notice to the first
Named Insured's last mailing, address known to
us. Notice of cancellation will state the specific
reasons for cancellation.
5. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
6. If this policy is cancelled. we will send the
first Named Insured any premium refund due. If
we cancel, the refund will be pro rata and will
be returned within 10 business days after the
effective date of cancellation. If the first
Named Insured cancels, the refund may be less
than pro rata and will be returned within 30
days after the effective date. of. cancellation.
The cancellation will be effective even if We
have riot made or .offered a refund;'
7. If notice is mailed. it will be by registered or
first class mail. Proof of mailing will be suf-
ficient proof of notice.
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IL 02 46 06 89
B. The fOllowing are added and supersede any pro-
visions to the contrary:
1. NONRENEWAL
If we decide not to renew this policy, we will
mail or deliver written notice of nonrenewal,
stating the specific reasons for nonrenewal, to
the first Named Insured at least 60 days before
the expiration date of the policy.
2. INCREASE OF PREMIUM
If we increase your renewal premium, we will
mail or deliver to the first Named Insured:
a. Written notice of our intent to increase the
premium at. least lO days before the effec-
tive date of the PJ1lmjuII) increase; and
. b. An estimate ofthe:"itii:rease at least 30 days
before the effectivs>:'date of premium in-
crease.
Any notice of nonrenewlil or renewal premium in-
crease will be mailed or delivered to the first
Named Insured's last known address. If notice is
mailed. it will be by registered or first class mail.
Proof of mailing will be sufficient proof of notice.
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IL 09.10 01 81
l:
PENNSYLVANIA NOTICE
An Insurance Company. its agents. employees. or ser-
vice contractors acting on its behalf. may provide
services to reduce the likelihood of injury. death or
loss. These services may include any of the following
or related services incident to the application for. is-
suance. renewal or continuation of. a policy of insur-
ance:
1. surveys;
2. consultation or advice; or
3. inspections.
ii
The "Insurance Consultation Services Exemption Act"
of Pennsylvania provides that the Insurance Company.
its agents. employees or service contractors acting on
its behalf. is not liable for damages from injury. death
or loss occurring as a result of any act or omission
by any person in the furnishing of or the failure to
furnish these services.
The Act does not apply:
,. if the injury. death or loss occurred during the actual
performance of the services and .was caused by the
negligence of the insurance company. its agents.
employees or service contractors;
2. to consultation services required to be 'llerfonned
under a written service contract not rel~ted to a
policy of insurance; or
3. If any acts or omissions of the insurance company.
its agents. employees or service contractors are
judicially detennined to constitute a crime. actual
malice or gross negligence.
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IL 70 03 01 8f
ADDITIONAL POLICY PROVISIONS
MOTORISTS MUTUAL INSURANCE COMPANY
471 E. BROAD STREET CDLUMBUS, OHIO 43215-3861
INSURING AGREEMENT
In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide.,
the insurance as stated in this policy.
All Coverage Forms included
COMMON POLICY CONDITIONS
in this policy are subject to the following conditions.
D. INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2. Give you reports on the conditions we find; and
3. Recommend changes.
A. CANCELLATION
1. The first Named Insured shown in the Declarations
may cancel this policy by mailing or delivering to
us advance written nobce of cancellation.
2. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of cancella-
tion if ,we cancel for nonpayment of premium; or
b. 30 days before the effective date of cancella-
tion if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to us.
4. Notice of cancellation will state the effective date
of cancellation, The policy period will end on that
date.
5. If this policy is cancelled. we will send the first
Named Insured any p'remium refund due. If we
cancel, the refund Will be pro rata. If the first
Named Insured cancels, the refund may be less
than p'ro rata. The cancellation will be effective
even If we have not made or offered a refund.
notice is mailed. proof of mailing will be
sufficient proof of notice.
B. CHANGES
This policy contains all the agreements between you
and us concerning the insurance afforded. The first
Named Insured shown in the Declarations is
authorized to make changes in the terms of this
policy with our consent This policy's terms can be
amended or waived only by endorsement issued by
us and made a part of this policy. .
Co EXAMINATION . OF YOUR BOOKS. AND
RECO~S' . .'
, ,We ,",ay,~a~Jn!l.pd"u~it~r. bu~k.~<anil';l'llcords ..'
....~;th!ly,i~)IStl~l!.,.tljl~:sflq!ll!V~t.'."yft ~.~[II!l.;..'!lu~lRg.the
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"~'Any inspections, surveys, reports or recom'mendations.,
,relate only to insurability and the premiums' to . ~,
charged. We do not make safety insrections. We do
not undertake to perform the duty 0 any person or
organization to provide for the liealth or safety of
workers or the public. And we do not warrant thalt
conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or standards.
This condition applies not only to us,
any rating. advisory, rate service
organization which makes insurance
surveys, reports or recommendations.
E. PREMIUMS
e first Named Insured s
1. Is responsible for the payment of all premiums; and.
2. Will be the payee for Iny return premiums we pay_
but also t.{
or similar'
inspections..
"
F. TRANSFER OF YOUR RIGHTS AND DUTIES"
UNDER THIS POLICY
Your rights and duties under this policy may not be
transferred without our written consent except in the
case of death of an individual named insured. .
.If yciudie. ~ur r~ghts an~ dut,es.. Wil,lbetransf~f!811 ~
. to, your legal reJiresentabve ,1Iut.. only Whll,e. actlRlII:
. within 't\Ui. scDlie. of duties.. as ~ your. legali
. I:8pt!lsentatiye. ,Until your ,Ie . . . . .I!f!!.s,en '. :' , 11'.:
. ,appq/meli)PVO "I!l!,~ . ~~II':"C ;'il! '
vtlftll'r ' ".'aWII.
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MUTUAL PROVISIONS
Annual Meeting The' annual meeting of the membership of the company is held at its home office in Columbus,
Ohio on the fourth Monday in April of each year at one o'clock p,m. unless said day is a holiday in which event the
next succeeding day, not a holiday.
Nonassessable This policy is nonassessable. While this policy is in force, the named insured is a member of the
company and, as such. is entitled to the privileges provided by the by-laws of the company.
In Witness Whereof. Motorists Mutual Insurance Company has caused this policy to be signed by its President and
Secretary at Columbus, Ohio but this policy shall not be binding unless countersigned on the Common Policy Declarations
page by an authorized representative of the company.
~J.~.,
. / - 0 . Secretary ~
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President
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meludes cOpyrighted, material of Insurance Services' Office, Ine.' with .its permisSion;
. Copyright Insurance Services Office. Inc. 1987 ~., .
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IL 70023 12 .94
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL COVERAGE -
LEAD CONTAMINA TI.ON LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
COM~ERCIAl GENERAL LIABILITY COVERAGE FORM
OWNERS ANO CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
The following is added:
. LEAD. CONTAMINATION COVERAGE
1; Insuring Agreement
8, We will pay those sums lhat the insu~d becomes . legally Obligated to pay as damages because of "bodily
injury" arising 'out of the il\gestio,n.inhal.tionor absorption of lead in any fonn. We have the right
and duty to defend any "suir seeking these damages. We may at our. discretion investigate any "oc-
currence" or "a~cident" and .settle anv claim or "suit" that may result But:
(1) The amount we will pay for damages is limited as describad in 3. Limits of Insurance of this
endorsement; and
(2) Our right and duty to defend end, when we have used up the applicable limit of insurance in the
payment of, judgments. settlements or defense costs incurred by us.
No other obligation or liability to pay sums or perfonn acts or services is covered under this policy.
b. This insurance applies to "bodily injury" only if:
(1) The "bodily injury" is caused by an "occurrence" or "accident" that takes place in the "coverage
territory;" and
(2) The "bodily injury" occurs during the policy period.
2. Exclusions
This insurance does not apply to:
8. "Bodily injUry" expected or intended from the standpoinl of the insured.
b. "Bodily injury" for which the insured is obligated to pay damages by reason of the assumption of liability
in a contract or agreement
c, Any obligation of the insured under a workers' compensation. disability benefits or unemployment com-
pensation law or any similar law.
d, "Bodily injury" to:. .
(1) Anemp,oyee of thll insured. arising out lIf ,and in the course of employment)y the insured; or
,
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, '!1~l."I,Motorlsts"Mqtu~l~tnsUranc...~.company
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IL 70 23 12 94
(2) The spouse, child, parent. brother or sister of that employee as a consequence of (It above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages because of
the injury.
e. Any loss, cost or expense arising out of any:
(1) Request. demand or order that any insured or others test for, monitor, clean up, remove. contain. treat.
detoxify or neutralize, or in any way respond to, or assess the effects of lead; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, mon-
itoring.cleaning up, removing. containing. treating, detoxifying or neutralizing or in any way responding
to, or assessing the effects of lead. .
3. Limits of Insurance
The most we will pay for "bodily injury" resulting from the ingestion." inl\alation or absolJltion of lead in
any form (Lead Contamination Coverage) is the lesser of:
a. $50,000; or
b. The "occurrence" or ~'accident" limit provided by the policy;
for anyone "occurrence" or "accident" This limit is reduced by the .Iligal costs necessary to defend you.
Legal costs are defined as attorney's fees, expenses for investigation and~ court costs.
The most we will pay for all "occurrences" or "accidents" during the policy period under Lead Contamination
Coverage is $50,000.
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FORKS AND BNDORSEHENTS
Forms applicable to this
Endorse.ents (IL 70 04).
endorse.ents, if sny, is
Covarage Form are listed in the Schedule of For.. and
Information required to complete specified for.. or
ShOWD below.
DEDUCTIBLE LIABILITY INSURANCE (00 03 00)
Property DaDage Liability
$
250. per occurrence
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COMMERCIAL GENERAL LIABILITY
CG 00.01 10 S3
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read c. Oamages because of "bodily injury" include
the entire policy carefully to determine rights, duties damages claimed by any person or organization
and what is and is not covered. for care, loss of services or death resulting at
Throughout this policy the words "you" and "your" refer any time from the "bodily injury."
to the Named Insured' shown in the Declarations, and 2. Exclusions.
any other person or organization qualifying as a Named This insurance does not apply to:
Insured under this policy. The words "we," "us" and
"our" refer to the Company providing this insurance. a. Expected or Intended Injury
The word "insured" means, any person or organization "Bodily injury" or'~property damage" expected
qualifying as such under WHO IS AN INSURED (SECTION or intended from the standpoint of the insured.
Ill. ThiSlt~XClufsion dthoes not apply to "bodily injury"
, resu!ng rom e use of reasonable force to
Other words and phrases that appear in quotation marks ' > 'protect persons or property.
have special meaning. Refer to DEFINITIONS (SECTION
VI. b. Contrectual Liability
SECTION I - COVERAGES "Bodily injury", or "property damage" for which
the insured is obligated to pay damages" by
COVERAGE A. BODILY INJURY AND PROp. reason of the assumption, of liability in a con-
ERTY DAMAGE LIABILITY tract or agreement This exclusion does not apply
1. Insuring Agreement. to liability for damages: '
a. We will pay those sums that the insured be- ' (1) Assumed in a contract or agreement that is
comes legally obligated to pay as damages an "insured' contract:' provided the "bodily
because of "bodily injury" or "property damage" injury" or "property damage" occurs subse-
to which this insurance applies. We wi II have quent to the execution of the contract or
the right and duty to defend any "suit" seeking agreement; or
those damages. We may at our discretion in- (2) That the insured would have in the absence
vestigate any "occurrence" and settle any claim of the contract or agreement
or "suit" that may result But:
c. Liquor Liability
(11 The amount we will pay for damages is
limited as described in LIMITS or INSUR "Rn"ily injllry" nr "rmp~rty "omog." fnr whi~h
ANCE (SECTION III); and any insured may be held liable by reason of:
(2) Our right and duty to defend end when we (1) Causing or contributing to the intoxication of
have used up the applicable Ii'mit of insur- any person;
ance in the payment of judgments or set- (2) The fUlllishing of alcoholic beverages to a
tlements under Coverages A or B or medical person under the legal drinking age or under
expenses under Coverage C. the inflUence of alcohol; or
No other obligation or liability to pay sums or (3) Ally statute, ordinance or, regulation relating
perfonn acts or services is covered unless ex- , to ,the sale, gift dislribution or use of al-
plicitly provi,dlldforunder, SUPfI;.EMENTARY , ',' ".c~,oli!\, bllverages.
'PJWfJIENTS,-:~G~J\ AND,B.,,:. This exclosicmapplies onlv:if ~u.are in .the
. b. This insurance ejiplilfs, to.!bodily. injury'" and ,,"', ,'. ""usineJ,s;.,of., manufac:turiPg. i1i~butlng. selling.
"jJroperty'ilama e"'ll~lynlf:';A) :":: '. " ' ;;~;~).:,fivliiii"s;tl<<lils~i9.9~~Mli9JJevel1lge~
, "' tSOijffiij'(1) IThe~'lIl,jjMlilY~ .\'.' ' lIalJ'lage" is -Ill, lil ,'lCl;1~L" ~~'f' ' "i,.8n~;,,;~.
caused ;1Jy'lln', ' ".\t8keS ,place-:Jlill..:,_" """",,,':{;t~:~
:~HBllrtiilVtllltjjlt!ClWel'fOe' , "';if: "AOyQbU" .'" , ",..,"lliaer 'If ;, '
(2)1Jhe~(i""odily:l.fiiJ~'ili"L\H'jl1liperty d~m, age" "COR\p~ns~lJOrc;,;~iJ,~~iI!ty llemfflts.or '. ~~employ:
W," ,";'''i1ccurs; during4tie'lIolicy~,elilid. '~ ment"ciIii'i(lilMuioll''law or aIlV"'lIlmilar' 'law. ","
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reifl f;m!vriilh'lHlil!ilJ;U~ilit~j~_i ,1992"
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COMMERCIAL GENERAL LIABILITY
CG 00 01 10 93
e. Employer's Liability (j) if the pollutants are brought on or to
"BodilV injury" to: the premises, site or location in
connection with such operations by
(1) An "employee" of the insured arising out such insured, contractor or subcon-
of and in the course of: tractor; or
(a) Employment by the insured; or lij) if the operations are to test for,
lb) Performing duties related to the conduct monitor, clean up, remove, contain,
of the insured's business; or treat. detoxify or neutralize, or in any
way respond to, or assess tha effects
(2) The spouse, child, parent. brother or sister of pollutants.
of that "'employee" as a consequence of Subparagraphs (a) and (d)(i) do not apply to
paragraph (1) above; "bodily injury" or "properly damage" arising
This exclusion applies: out of heal. smoke or fumes from a hostile
(1) Whether the insured may be liable as an fire.
, employer or in any other capacity; and As used in this exclusion. a hostile fire
, (2) To any obligati6n. to share damages with or meaM ~ one which becomes uncontrollable or
. repay someone else who must pay damages breaks out from where it .was intended to
because of the injury. be.
This exclusion does not apply to liability as- (2) Any toss,. cost or expense arising out of any:
sumed by the insured under an "insured con- (e) Request. demand or order that any insured
tract" or others test. for, monitor, clean up,
f Pollution remove, contain. treat. detoxify or neu-
. tralize, or in any way respond to, or
(1) "Bodily injury" or "properly damage" anslng assess the effects of pollutants; or
out of the actual, alleged or threatened dis-
charge, dispersal, seepage, migration. release (b) Claim or suit by or on behalf of a gov-
ernmental authority for damages because
or escape of pollutants: of testing for, monitoring. cleaning up,
(e) At or from any premises. site or location removing. containing. treating. detoxifying
which is or was at any time owned or or neutralizing, or in any way responding
occupied by. or rented or loaned to, any to, or assessing the effects of pollutants.
insured; PnlllltR"t. mAR'" Rnv .nFrl. liquid, gaseous or
lb) At or from any premises, site or location thermal irritant or contaminant. inclUding smoke,
which is or was at any time used by vapor, soot. fumes, acids. alkalis, chemicals and
or for any insured or others for the waste. Waste includes materials to be recycled,
. handling. storage, disposal, processing or reconditioned or reclaimed.
treatment of waste; g. Aircr1ift, Auto or Watercraft
(c) Which are, or were at any time trans- "Bodily injury" or "properly damage" arising out
ported, handled. stored, treated, disposed of the ownership, maintenance, use or entrust-
of, or processed as waste by or for any ment to others of any ,aircraft. "auto" or wa-
insured or. any person .or organization for tercraft owned . or. o""rated by or rented or
. whom you: may' be 'Iegall}" responsible; loaned to ;aliy insq~d.:. Use,jncludes . operation
. I''''; 'or " . and "loading' or unlciading~'" . . .' .: .
~~,,,,.:J!9~l. !,'" !,' !:,.m,L,..ri,r..",ilfmlliS:." ~..~~ or Ilractocition ThisexcllIljion,' ,~98, s,~tNP.I,y\~tpJL,' , " ,
--"""~,><'"" ...'.....111"""..',"11_,.. '",r < allY 'con ors '.. " :".,,~ .
18IiW\fl 1:Iil\\l;IIi'~iS\ibc.!ll\ti,'ll!lf!lt.s .WD~IIQl!lIi~ctty or in- ~1 ,. ('panll\~ q>i~ll'li!5lI ~mlse~ you.
.'direCtl'lion liliililiSlirer~lf.1'lI per-lIll"lq aslltt I '''Yil''}'':
'C. ,'.''', ',.'" '," Wi!!. '. '1lllthat is
. . 3'IIl:llGw.s- 1Iillllli_(1DlWe~i\\!l';'l"ih1o vnA' ""." , ,," ,; ';~>d :,",
. -yoicmMY 1>, Ellt<!f(3' '1Ji\id~2ih,(;:';;~llsqil10'.'J2';fr;nb Vh;j'ili~'Le"'thpl};!~~;\~~~~n~n~~J , . ,
. , 'WII,;.m,!'ii,!",,,",,,~ ~f ~"11!ll!"",n""""''''''''~1'N0t'_r~ib'''~i!rSons' or pro-
perly for a charge;
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&SClG "ill':j'fVtt 93
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COMMERCIAL GENERAL LIABILITY
CG 00.01 10-93
(3) Parking an "auto" on. or on the ways next Paragraph (2) of this exclusion does not apply
to. premises you own or rent ~rovided the if the premises are "your work" and were never
"auto" is not owned by or rented or loaned occupied. rented or held for rental by you.
to you or the insured; Paragraphs (3). (4), (5) and (6) of this exclusion
(4) Liability assumed under any "insured con- do not apply to liability assumed under a side-
tract" for the, ownership, maintenance or use track agreement.
of aircraft or watercraft; or
Paragraph (6) of this exclusion does not apply
(5) "Bodily injury" or "property damage" arising to "property damage" included in the "pro-
out of tha operationolany of the equipment ducts-completed operations hazard."
listed in paragraph 1.(2) or f.(3) of the defi-
nition of "mobile equipment", k. Damage to Your Product
h. Mobile Eqllipment "Property damage" to "your product" arising out
"Bodily injUry" or "property damage" arising out of it or any part of it
of: I. Damage to Your Work
(1) The transportation, of "mobile equipment" by "Property damage" to "your woil\" arising out
an "auto" owned or operated by or rented of it or any part of it and. included in the
or loaned to '. any insured; or "products~ completed operations hazard:'
(2) The use of "mobile equipment" in. or while This exclusion does not apply if the damaged
in practice for. or while being prepared for. work or the work out of which. the damage
any prearranged racing. speed. demolition or arises was performed on your behalf by a sub-
stunting actiVity. contractor.
I. War m. Damage to Impaired Property or Prop.
"Bodily injury" or "property damage" due to erty Not Physically Injured
war. whether or not declared. or any act or "Property damage" to "impaired property" or
condition incident to war. War includes civi I property that has not been physically injured.
war, insurrection. rebellion or revolution. This arising out of:
exclusion applies only to liability assumed under '(1) A defect deficiency. inadequacy or dangerous
a contract or agreement condition in "your product" or "your work;"
j. Damage to Property or,
"Prope""'., damage',' to'. 12\ A d I f 'I b t.
.., e ay or a, lire y YOII or anyone ae 'Dll---".
(1) Property you own. rent or occupy; on your behalf to perform a contract or
12l Premises you sell. give away or abandon. if agreement in accordance with its terms.
the "property damagll~ arises out of ,any part This exclusion does not apply to the loss of
of those premises; use' of other propeFly arising out of sudden and
(3) Property loaned to YOU; al!'cidental physical injUry to "your product" or
"your work" after it has been put to its intended
(4) Personal property in the care. custody or
use.
control of the insured;
n. Recall of Products. Work or Impaired
.(5) That particular part of real property on which Property' .
you ,~fj. ~y,;~~!ItriLCtoJ~;~",qrl;~~bcontractors " Daniages claimlld for any ~oS"" cost or expense
W1!rtclOg' lrectly orlOdlrei:tly, on your behalf <;'. ' i....d .... or 11th81'S for the' lose S of use.
are performing operationS. U:the '''property ,n!lll"& "~. ~
"~l<1~'V~~=;:iq.gR3:~~;~:~,t~:~~~st~);ti!~,~Itl1~W""~cai~!,,' .J,~,;,;I,~~e-
, . !l.e, '\i'ii~lred"or',tllplaCJl,!lJ1jel!alll!e".IIlI;~, '
"yollr' .... wis'li1correiltly jielfOnt\elIon' ' .. . 'W
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COMMERCIAL GENERAL LIABILITY
CG 00 01 10 93
2.;1'.
(3) "Impaired property;" 2. Exclusions.
if such product work or property is withdrawn This insurance does not apply to:
or recalled from the market or from use by any a. "Personal injury" or "advertising injury":
person or organization because of a known or
suspected defect deficiency, inadequacy or (1) Arising out of oral or written publication of
dangerous condition in it material, if done by or at the direction of
Exclusions c. through n. do not apply to damage by the insured with knowledge of its falsity;
fire to premises while rented to you or temporarily (2) Arising out of oral or written publication of
occupied by you with permission of the owner. A material whose first pUblication took place
separate limit of insurance applies to this coverage before the beginning of the policy period;
as described in LIMITS OF INSURANCE (Section 111). (3) Arising out of the willful violatiQn of a penal
COVERAGE B. PERSONAL AND ADVERTISING staMe or ordinance committed by or with
INJUAY' LIABILITY the consent of the insured; or
1. Insuring Agreement. (4) For which the insured has aSSUmlld liability
a. Wli'will pay those. sums thlit the insured be- in .'ill. J:ontract or agreement This exclusion
comes legally" o~ligated to pay as damages doeS"notapply to, liability for damages that
because of "perSOillil injury" or "advertising in- the' Insured would have in the absence of
jury" to which this insurance applies. We will the contractor agreement
have the right and duty to defend any "suit" b "Adilertisi.i1g injury" arising out of:
seeking those damages. We may at our dis- .
cretion investigate any "occurrence" or offense (1) Breach ~,of contract other than misappropri-
and settle any claim or "suit" that may result. ation of advertising ideas under an implied
But: contract;
(1) The amount we will pay for damages is (2) The failure of goods, products or services
limited as described in LIMITS OF INSUR- to conform with advertised quality or per-
ANeE (SECTION Ill); and formance;
(2) Our right and duty to defend end when we (3) The wrong description of the price of goods,
have used up the applicable limit of insur- products or services; or
ance in the payment of judgments or set- (4) An offense committed by an insured whose
tlements under Coverage A or B or medical business is advertising. broadcasting, pUb-
expenses under Coverage C. Iishing, or telecasting.
No other obligation or liability to pay sums or COVERAGE C. MEDICAL PAYMENTS
perform acts' or services is covered unless ex-
plicitly . provided for under SUPPLEMENTARY 1. Insuring Agreement.
PAYMENTS - . COVERAGES A AND B, a. We will pay medical expenses as described
b. This insurance applies to: below 'for "bodily injury" caused by an accident:
(1) "Personal injury" caused by an offense (1) On premises you own or rent;
arising out of your business. excluding ad- (2) On ways next to premises you own or rent;
vertising. publishing. broadcasting or tele- or
casting done by or for YOU;
. ',[) (2)"A~isli1g"1iljury'lliicllused by an offense (3~ Bll~~use ofyo~rcipe~iQns;
, '. ,.' , ""i:Oltllil.itted ;In the 'Cilurseof;8dyertising your pl'l1Vided that: ,
"~'. ",."tgood$iiprod\lctl.orarviceS;lilIlW: . . . . '.f! .:2i;,>~ro 'TIiemacc'deht. fakes'plice '1n"the "coverage
:t':'.liilf~11I~iylOjf'~b1t~fisef1riW8W'c~iilllliU~ln the"lUm I&,t vti'~i\Cl~UlI~WiI1ll' ~riod;
.. "coVerage teriitolY"'1kJI:ingit1/llOfJol~,period. .' . Sllll8$d., LlG~ lO'(~~'l; , "
. 10",:,!"n"i11Ill'l'" {S) . .11/1 1!~(Jl1'lt!~( ytt~;. 1'.llW .
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2. Up tD $250 fDr CDst Df bail bDnds required because
Df accidents Dr traffic law viDlatiDns arising Dut
Df the use Df any vehicle tD which the BDdily Injury
Liability CDverage applies. We dD nDt have tD furnish
these bDnds.
3. The CDSt Df bDnds tD release attachments. but Dnly
for bDndamounts within the applicable limit Df
insurance. We dD nDt have tD furnish these bDnds.
4. All reasDnable expenses incurred by the insured at
Dur request. to assist us in the investigatiDn Dr
defense Df the claim Dr "suit." including actual IDss
Df earnings up tD $100 a day because Df time Dff
from work.
5. All costs taxed against the insured in the "suit"
6. Prejudgment intQrest awarded against the insured
Dn that part of th.e jUdgment we pay. If we make
an Dffer tD .pay.the applicable limit Df insurance.
we will nDt pay any prejudgment interest based Dn
that periDd D,f. time after the offer.
7. All interest Dnthe full amDunt Df any judgment that
accrues after entry of the judgment and before we
have paid. offered to pay. ordepDsited in CDUrt the
part of the judgment that is within the applicable
limit Df insurance.
These payments will nDt reduce the limits Df insurance.
SECTION \I - WHO IS AN INSURED
1. If you are designated in the' Declarations as:
a. An individual. you and your spouse are insureds,
but Dnly with respect tD the cDnduct Df. a busi-
ness Df which YDU are the sDle Dwner.
b, A partnership or joint venture. YDU are an in-
e. TD a persDn injured while taking part in ath- sured. YDur members. YDur partners. and their
letics. SPDUSeS are alsD insureds. but Dnly with respect
f. Included within the "products-completed. oper- to the cDnduct Df yourbusiness. .
ations hazard:' c. Alr organization other than a partnership Dr jDint
E I d d d C A. venture, you are an insured. Yliur "executive
9. xc u e un er overage officers" and directors are insureds, but Dnly
h. Due tD war, whether or nDt declared. Dr any with respect to their duties as your officers or
. act or. conditiDn incident to war. War includes . directors. Your stoCkhDlders are also insureds.
lIivil war'.iosurrection.,rebellion, or ,revolution. . ,.bUt..only",with r8sp!lCl.tcrtheir;.liability as.
" ,s,UPP/"I:MENrAl!V".PA YMENTS - COVERAGES stockholders.. . '~1n'!;';"'~ ,'"d; . , . .
: A AND, B . '".' . z:. Each, of the' following iis also <lIn.,' d:' :.
. . ",lll"WeltWiffltpav.liIWltIf_IlCttil"al\Y "Cldiiil'lIjjr, Hsuit" we " Nffl, ,'ffl';j1:1i" ' 'iiIl',
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COMMERCIAL GENERAL LIABILITY
(2) The expenses
us within one
cident; and
(3) The injured persDn submits tD examinatiDn.
at Dur expense, by physicians of Dur chDice
as Dften as we reasonably require.
b. We will make these payments regardless Df
fault These payments willnDt exceed the ap-
plicable limit Df insurance. We will pay rea-
sDnable expenses fDr:
(1) First aid administered at the time of an
accident;
(2) Necessary medical,. surgical. x-ray and dental
services. including prosthetic devices; and
(3) Necessary ambula~ce: hospital. professiDnal
nursing and funera[ services.
2. Exclusions.
We will not pay expenses fDr "bDdily injury":
8. To any insured.
b. To a perSDn hired to do WDrk for or on behalf
of any insured or a tenant of' any insured.
c. To a persDn injured Dn that part Df premises
YDU Dwn Dr rent that the. person nDrmally DC-
cupies.
d. TD a persDn. whether or nDt an "empIDyee" Df
any insured. if benefits fDr the "bDdily injury"
are payable Dr must be provided under a workers
cDmpensatiDn Dr disability benefits law Dr a
gimilar law
are incurred and reported tD
year of the date Df the ac-
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CG 00 01 10 93
.pn'
(1) "Bodily injury" or "personal injury": a. "Bodily injury" to a co-"employee" 01 the
(al To you. to your partners or members (il person driving the equipment; or
you are a partnership or joint venture), b. "Property damage" to property owned by. rented
or to a co-"employee" while in the to, ,in the charge 01 or occupied by you or the
course 01 his or her employment or while employer of any person who is an insured under
performing duties related to the conduct this provision.
of your business; 4. Any organization you newly acquire or ,Iorm, other
(bl To the spouse, child. parent. brother or than a partnership or joint venture, and over which
sister 01 that co--"employee" as a con- you maintain ownership or majority interest. will
sequence of paragraph W(a) above; qualily as a Named Insured il there is no other
(e) For which there is any obligation to share similar insurance available to that organization.
damages with or repay someone else However:
who must pay damages because of the a. Coverage under this ,provision is afforded only
injury described in paragraphs (1) (a) or until the 90th day after you acquire or form the
(b) above; or organization or the end of the policy period.
ld) Arising out of his. or )!llr providing or whichever is earlier: '
failing to provide professional health care . b. Coverage A does not 'apply to "bodi Iy injury",
services. or "property damage" that occurred before you
(2) "Property damage" to property: acquired or formed the .organization; and
(e) Owned. occupied or used by, e. Coverage B does not apply to "personal injury"
(b) Rented to, in the care, custody or control or "advertising injury" arising out of an offense
of, or over which physical control is committed before you acquired or formed the
being exercised for any purpose by organization.
you. any of your "employees" or, if you are No person or organization is an insured with respect
a partnership or joint venture, by any partner to the conduct 01 any current or past partnership or
or member. joint venture that is not shown as a Named Insured
in the Oeclarat.ions.
b. Any person (other than your "employee"), or any SECTION III << LIMITS OF INSURANCE
organization while acting as your real estate
manager. 1. The Limits 01 Insurance shown in the Declarations
e. MY person or oraanization having proper tem- and the rules below fix the most we will pay re-
porary custody of your property if you die, but garoless OT tne number oT:
only: a. Insureds;
(1) With respect to liability arising out 01. the b. Claims made or "suits" brought; or
maintenance or use 01 that property; and
e. Persoll6 or organizations making claims or
(2) Until your legal representative has been ap- bringing "suits,"
pointed.
2. The General Aggregate limit is the most we will
d. Your legal representative if you die, but only pay for the sum 01:
with respect to duties as such. That represent-
~tive ,will liave all your rights and duties under a. Mediclll expenses under ,COverageC;
thjs Coverage FOrm." ,:r,)Aib.'Dainages' 'J'Uii7ler"( cciVe~gei'A'.:i,,~'::~I!lI'~ages
3. With ~gistered in ' . because Of "bodi.ly injury" or"p, ":d~!l1.age~
. 'tion law,N~'')l!k ~,ncl,,*d ' 1l\.tb!lnPl'ildu~JTI<O' q" ns
,',l!q~ip- . hazard;" and '. ~ .
~'",.l'inisslon. c.'Oamagesllndar ClwgJ1!1I
,ble for"tIle ~ "," '," ",
d.' but. only' 3. !he ,,",ducts~tompl~d. Qpli
.0 "operition ,lstl1e ,"oS! . we Will ~I,y>
of the equipment.' and only if riD' other insurance damages bacause of "'bodilY'."
of any kind is available to that person or organ- damage" included in the "products-completed op-
ization for this liability. However, no person or erations hazard."
organization is an insured with respect to:
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4. Subject to 2. above, the Personal and Advertising
Injury Limit is the most we will pay under Coverage
B for the sum of all damages 'because of all
"personal injury" and all "advertising injury" sus-
tained by anyone person or organization.
5. Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the' most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property dam-
age" arising out of anyone "occurrence:'
6. Subject to 5. above, the Fire Damage Limit is the
most we will pay under Coverage A for damages
because IIf "property damage" to premises, 'while
rented to you or temporarily occupied, by you with
permission of the owner. arising out of any 'one
fire. '
7. Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury'~ sus-
tained by anyone person.
The Limits of Insurance of this Coverage Form apply
separately to each consecutive annual period and ,to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after
issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining tho limits of Insurllnee.
SECTION IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS
1. Bankruptcy.
Bankruptcy or insolvency of the insured or of the b. To..sue us on this Coverage Form unless all of
insured's estate will not relieve us of our obli- its terms have been fully complied with.
gations under this Coverage Form. A person or organization may sue us to recover
2. Duties In The Event of Occurrence. Of- on an agreed settlement or on a final judgment
fense. Claim or Suit. ' against an insured, ol!tained after an actual trial;
'a:""'oURlustj.~;l~JPlll!.t~'we\~:'aPtWied as soon u,' "':~~~:~:eF~:etellf~r<f~ F::1":~
. as practicablii"ofan'''occurreni:e"oran offense "'thatnio'excess.of illnit of. In-" .
di,.t,;A\Vil.ichlllay !'Isu'f;,n'a ziflaclii,!,;' ~T~ri~:extenf: surance..An egreed se . . t
" . ,.possil!l~nObcellho,uldlll\lIU e:". , ,< . . . , alld'OlJaest4lf ',1iabili ' ."
. to Ae-q.;in,: . " , ' ~'"1I'ebjm~0!~WI,;ce" or !lOfW_ ~~:IIC~.'
II, ,,"~~. ;"lIW:~q ~.. b~18tiV'dyolm\ ... tIftf,
b,,>lltlWf,.,, A.'m1,T".i."~,, ,., ,:irliif~v injured "~t~!~'iti~., haifdl"tIi~'..'\,1lr, ii' .' ,..'
,lfJO,,1 '~,J l~lL <'" ""... . . ~~ -ill ,.lll~ ...J, H:llilll')~~,~::.. ,i
,,,"^,,... ,,",,'.. ". 11WJUle$ nd, "'ffill<" . ~ .If.o 'ar, valid and cll1fi'MiIlfi!;,~s_IIi1i18"
(31 The nature and looation of any injury or to'the insured for a loss. we cover Qrid.r'Coverages
damage arising out of the "occurrence" or A or B of this Coverage Form, our obligations are
offense. limited as follows:
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COMMERCIAL GENERAL LIABILITY
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CG 00 01 10 93
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received, and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as prac-
ticable.
c. You and any other involved insured must:
to Immediately send us copies of any demands,
notices. summonses or legal papers received
in connection with the claim or "suil;"
(2) Authorize us to obtain records, and other
information; . " "
(3) Cooperate with us on the investigation. set-
tlement or defense of the claim or "suil;"
and
(4lAssist us, upon our request, in the enforce-
ment of any right againstliny person or or-
ganization which may be liable to the insured
because of injury or damage to which this
insurance may also apply.
d. No insureds will. except at their own cost,
voluntarily make a payment. as,sume any obli-
gation. or incur any expense. other than for first
aid, without our consent
3. Legal Action Against Us.
No person or organization has a right under this
Coverage Form:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured;
or
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COMMERCIAL GENERAL L1ABILllY
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a. Primary Insurance If any of the other insurance does ,not permit
This insurance is primary except when b, below contribution by equal shares, we will contribute
applies. If this insurance is primary, our obli- by limits. Under this method. each insurer's
gations are not affected unless any of the other share is based on the ratio of its applicable
insurance is also primary. Then. we will share limit of insurance to the total applicable limits
with all that other insurance by the method of insurance of all insurers.
described in c. below. 5. Premium Audit.
b. Excess Insurance a. We will compute all premiums for this Coverage
This insurance is excess over any of the other Form in accordance with our rules and rates.
insurance, whether primary, excess, contingent b. Premium shown in this Coverage Fol'll1 as ad-
or on any other basis: vance premium is a deposit premium only. At
(11 That is Fire, Extended Coverage. Builder's the close of each audit period we will compute
Risk. Installation Risk or similar coverage the earned premium for that: period. Audit pre-
for "your work;" miums are due and payable on notice to the
(2)That is Fire insurance for premises rented first Named Insured. IfJhe,:sum. of the advance
to you: or ~ and audit premiums paldJorthepolicy period
is greater than the eamlld premium. we will
(3) If the loss arises out ofthl1' maintenance return the excess tothilfirst Named Insured.
or use of aircraft. "autos" or watercraft to
the extent not subject to Exclusion g, of c. The first Named Insured must keep records of
Coverage A (Section I). the infonnation we need for premium computa-
tion. and send us copies a,t such times as we
When this insurance is excess. we wi II have may request
no duty under Coverage A or B to defend any
claim or "suit" that any other insurer has a 6, Representations.
duty to defend, If no other insurer defends, we By accepting this policy. you agree:
will undertake to do so, but we will be entitled a. The statements in the Declarations are accurate
to the insured's rights against all those other and complete,'
insurers.
When this insurance is excess over other in- b. Those statements are based upon representations
surance, we will pay only our share of the you made to us; and
amount of the loss, if any, that exceeds the c. We have issued this policy in reliance upon your
sum of: tejJn:::lII:mblliulI:).
(1) The total amount that all such other insur- 7. Separation of Insureds.
ance would pay for the loss in the absence
f tho , Except with respect to the Limits of Insurence, and
o IS Insurance; and any rights or duties specifically assigned in this
(2) The total of all deductible and self-insured Coverage Fonn to the first Named InsUred. this in-
amounts under all that other insurance. surance applies:
We will share the remaining loss. if any, with a. As if each Named Insured were the only Named
any other insurance, that is not described in this Insured; and
Ejccess Insurance provisi"n and was not bought ."
.' ',sp~l?1f!callyto applyinexce~ of, ,the Limits of b. ~~p-arately, ~ e!~~ .I~ured agal,~~,whom claim
Ins'u'ilince shown in the Dilelarations' of this ,IS lnade, ,or suit, IS blllught .
Ji",'i',:I~';";Il,',~',e,'"ov,/,~"'~,::'I~,;\,,f,~,,~'li,,'li~~m';:i, ;",,1','';'' ,il~, C,';" ,;,~.', '"<tt,,P;lt:;,", ", .~ ,.,8~ ,~~~W",fs,f,e~li.,t',"~lf,'.i",'" ~i$1:rts of R~pqMIII{Y Against
i;lIi!'''I;I.~ii~IJ'~l.j!l,..nQ;H\:ll6i: ", .,,,,II;Jlei tlM " ' ' " .,'", '-~Jlr 1.\''''1.' wjitM.el#~~,' "
. -.lM~~,:'.U~f.ltI!lhendn~lII'iI!ce~-!\IIiitsCQntrj~ution,lO' ~~~"
, ' ", by ,eQ\l1ll.t1, areS. Wi willfcillciW,G1iSJmelhod " , n'~foe~i:,';!N ,...~~ill, ','
I' Und tho "~ ""j' :..."'nfrih' , rm,'UJU,Se n
., "s,o,', "" ,e,',r, ,IS ,.p~roa", "",e.~'1!lt!!l,If".IItIr, ',', im,,'''''' ,F uteSt~lI':'i ,_~,',"'~',"
'equ~(.amo~,untll i" has,p~rd,it8 ,-lloable " ' , mu~~ uu,
" ''';';'^1'"''~ ~limlf'l(lf'1i\S((fa~llii'~nane llr"thii''1lisswtitmains,requesf.. ' . ',,'
whichever comes first those rights to 'us and help' us- enf!llte them.
':,' Page' 8":df 12
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COMMERCIAL GENERAL LIABILITY
CG 00 01 10 93
9. When We Do Not Renew. 5. "Employee" includes a "leased worker". "Employee"
If we decide not to renew this' Coverage Form, does not include a "temporary worker".
we will mail or deliver to the first Named Insured 6. "Executive officer" means a person holding any of
shown in the Declarations written notice of the the officer positions created by your charter, con-
nonrenewal not less than 30 days before the expi- stitution. by-laws or any other similar governing
ration date. document
If notice is mailelL proof of mailing will be suf- 7. "Impaired property" means tangible property, other
ficient proof of notice. than "your product" or "your work," that cannot be
SECTION V - DEFINITIONS used or is less useful because:
1. "Advertising injury" means injury arising out of one 8. It incorporates "your product" or "your work"
or more of the following offenses: that is known or thought to be defective, defi-
a. Oral or written publication of material that cient inadequate or dangerous; or
slanders or libels a person or oi'ganization or b. You have failed to fulfill the terms of a contract
disparages a person's or organization's goods, or agreement; .
products or .services;
if such,.'.,Property can be restor,ed, fo use, by:
b. Oral or. written publication of material that vi-
olates a person's right of privacy; 8. The repair, replacement adjustment or removal
of "your product" or "your w.ork;" or
c. Misappropriation of advertising ideas or style
of doing business; ,or b. Your fulfilling the terms of the contract or
d. Infringement of copyright title or slogan. agreement.
2. "Auto" means a land motor vehicle,trailer or 8. "Insured .contract" means:
semitrailer designed fortravlil on public roads, in- 8" A contract for a lease of premises. However,
eluding any attached machinery or equipment But that portion of the contract for a lease of
"auto" does not include "mobile equipment" premises that indemnifies any person or organ-
3. "Bodily injury" means bodily injury, sickness or ization for damage by fire to premises while
disease sustained by a person. inclUding death re- rented to you or temporarilY OCClIpied by you
suiting from any of these at any time. with permission of the owner is not an "insured
contract";
4. "Coverage territory" means:
b. A sidetrack agreement; "
a. The United States of America (including its
terrltlJrles and possessions), Puerto RICO and c. AI'f{ easement or license agreement except ill
Canada; connection with construction or demolition op-
erations on or within 50 feet of a railroad;
b. Intemational waters or airspace, provided the
injUry or damagll dpes not ~ occur in the course d. An obligation. as required by ordinance, to in-
of travel or transportation to or from any place demnify a municipality, except in connection
not included in a. above; or with work for a municipality;
c. All parts of the world if: e. An elevator maintenance agreement;
(1) The injury or damage arises out of: f. That part of any other contract or agreement
(a) Goods 01' products made or sold by you pertai.n!ng . to your busin~s !incl~ding an ~n-
:,jn the,territorit.A1esCribed. In a. above: or ~ dammflcatlon of,. a mumlclpallty. I~ ,:"nnectlon
.,., .,"" """,.,," " with work "1JI!Iformlld 1of: e'. munlclpallty) under
"(1) ~ ,activities,. of a !,~n ,~ose home ',which you ,'lisSlime tlie torHiability ,'Of another
""ii',;,i" 3iU,,"',' .liS ~.~~~llt~"t.ln a. above". party,.~p~ay for>~'Ilbodily,:Il;'!t "',or,J'pR,'perty
. J.i~,.. .~,,,,' gllil,,lll:lib ' ' r..~i!~/,\1IJ!.,~ Ime on your ki'''tV;;;,"~i. .~~e. ' ';ro~
. '. IlnJllU;!i\i'lll?' -filii be .. ''c'
.(2) The ,Ins . "" sPOMlbiliJy.tli PlIY lIamages.. ., " ~, ' .,r'i
is detennineil In a ....lIi(.. on the. merits. In. agreement
, the, tilrri(oryde~crlbedin a~above or in a . .
",. settlenient'we agree to..'
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COMMERCIAL GENERAL LIABILITY
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad f,or "bodily injury"
or "properly damage" arising out of con-
struction or demolition operations, within 50
feet of any railroad properly and affecting
any railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing;
(2) That indemnifies an architect engineer or
s~rveyor for injury or damage arising out of:
(e) Preparing. approving or failing to prepare
or approve. maps, drawings, opinions, re-
ports. surveys, change orders, designs or
specifications; or
(b) Giving directions or instructions. or failing
to give them, if, that is the primary cause
of the injury or. ,damage; or .
(S) Under which the insured, if an architect
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failura to render pro-
fessional services, including those listed in
(2) above and supervisory, inspection or en-
gineering services.
9. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".
10. "Loading or unloading" means the handling of pro-
pariv'
a. After it is moved from the' place where it is
accepted for movement into or onto an aircraft
wate~ft or "auto;"
b. While it is in or on an aircraft watercraft or
--auto;" or
. .
CG 00 01 10 93
a. Bulldozers, farm machinery, forklifts
vehicles designed for use principally
roads;
and other
off public
b. Vehicles maintained for use solely on or next
to premises you own or rent;
e. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not main-
tained primarily to provide mobility to perma-
nently mounted:
(1) Power cranes, shovels, loaders. diggers or
drills;, or
(2}Roadconstruction or resurfacing ~equipment
such as griders. scrapers or rollers;
e. Vehicles' not described in a. b. c.. ot d" 'above
that are noF self-propelled and are:inaintained
primarily to' 'provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators, in-
cluding spraying. welding. building cleaning.
geophysical exploration. lighting .and well
servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a.. b. c.. or d. .above
maintained primarily for purposes other than the
transportation of persons or cargo.
However, self-propelled vehicles with the fol-
lowing types of permanently attached equipment
are nnt "mobile equipmant" hilt "Viii be con-
sidered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(bl,Road maintenance, but not construction
or resurfacing; or
e. While it is being moved from an aircraft wa-
tercraft or "auto" to the place where it is fi- (e) Street cleaning;
nally delivered; (2) Cherry piCkers and similar devices mounted
but "'!lading .:or unloading'" does not include the on automobile or truck chassis and used to
,m!lvalli'nt !If PlOperty"by"mealis !If 'a mechanical raise 'or "lower WClrkers; and.
devi~r othlirthail. i hand .truck; that is not ettached '... :. (3)"Aif'CQn;PIJ~~jiS;:~uuh~~andvenerators. iil-'
" i, to .the "imft, .watercraft or. ,jauto..... 1M; , , ; i1''',~,i i/J, '"V',', :.n nw.",) . ." ~ din,lL .,.., bUil~inv,',', '.C,J,Cl!IR,inU..
~~a~~~1' . \:' c' "g m :e ~~~O::~l,q, ,h' fI,h' ~&jihi!iCifr:;' ,'~' ,ightin~,'~~lLwCl~:i
',0 ;t~~ef9ll'Or . tin II Y' . .~Il'glIml!!I' Vl!ii./}t\,j",;~" .",.
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COMMERCiAl GENERAL LIABILITY
12. "Occurrence" means an accident, inclUding contin-
uous or repeated exposure to substantially the same
general harmful conditions.
1S. "Personal injury" means injury, other than "bodily
injury:' erising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from. wrongful entry into,
or invasion of the right of private occupancy of
aroom.~ dwelling 01' premises that a person
occupies by or on behalf of its l!wner, landlord
or lessor;
d. Oral or written publication of material that
slandllrs or libels a person or organization or
disparages a person's or. organization's goods,
products or services; or .
e. Oral or written pUblication of material that vi-
olates a person's right of privacy.
14. a. "Products-completed operations hazard" includes
all "bodily injury" and "property damage" oc-
curring away from premises you own or rent
and arising out of "your product" or "your work"
except:
(1) Products that are still in your physical pos-
session; or
(2) Work that has not yet been completed or
abandoned.
b. "Your work" will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed,
(2) When all of the work to be done at the site
has been completed if your contract calls
for work at more than one site.
(S) When that part of the work done at a job
site has been put to its intended use by any
pllrson or organization other than another
contractor orsubcl!ntractl!r Wl!rking l!n the.
same project.
Worle that mai. need ~elVice,: maintenance:. Cl!~-,
. . rection. repair. or replacement, but. which IS
.. otherwise complete, will be treated asCOri1-.
pletell. .". ,,'. . ,,'
c.TI!is':ha~t'doelldllli'jiiClude -bodily 'ini~r,y" or:'
"jJropert}i',4amage" ,arising out of: : . . " '" '
CG 00 plIO Q3
(1) The transpl!rtatil!n l!fproperty, unless the
injury or damage arises out of a cooditioo
in or on a vehicle created by the "Ioading
or unll!ading" of it; .
(2) ll1e existence of tools, uninstalled equipment
or abandoned or unused materials; or
(S) ~roducts or operations for which the classi-
fication in this Coverage Form or in our
manual of rules includes products or com-
pleted operations.
.15. "Property damage" means:
a. Physical injury to tangible property, inclUding all
resulting loss of use of that property. All such
loss of use shall be deemed .to occur at the
time of the phYSical injury that caused it; or
b. loss of use of' 'tangiblEI' property that is, not
physically injured. All. such loss of use shall
be deemed to occur' at. the time of the "oc-
currence" that caused it..
16. "Suit" means a civil proceeding in which damages
because of "bodi Iy injury:" "property damage:'
"personal injury'" or "advertising injury" to which
this insurance applies are alleged, "Suit" includes:
a. An arbitration proceeding in which such damages
are claimed and to which you must submit or
do submit with our consent; or
b. Any other alternative dispute resolution pro-
ceeding in which such damages are claimed and
to which you submit with our consent. .
17. "Your product" means.
a. Any goods or products, other than real property,
manufactured. sold. handled. distributed or dis-
posed of by:
I'll.. You;
(2) Others trading under your name; or
(S) A person or organization whose business or
. assets you have acquired; and
b. Containers (other than vehiclils), .l1!aterials; parts.
or equipment fumishedinconneotion with such
goods l!r products.
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COMMERCIAL GENERAL LIABILITY
"Your product" includes:
a. Warranties or representations made at any time
with respect to the fitness, quality, durability,
performance or use of "your product" and
b. The providing of or failure to provide warnings
or instructions.
"Your product" does not include vending machines
or other property rented to or located for the use
of others but not sold.
1B. "Temporary worker" means a person who is fur-
nished to you to substitute for a permanent "em-
ployee" on leave or to meet seasonal or short-term
workload conditions.
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19. "Your work" means:
8. Work or operations performed by you or on your
behalf; and
b. Materials, parts or equipment furnished in con-
nection with such work or operations.
"Your work" includes:
8. Warranties or representations made at any time
with respect to the fitness, quality, durability,
performance or use of "your work;" and
b. The providing of or failure to proVide warnings
or instructions.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE LIABILITY INSURANCE'
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Coverage
SCHEDULE
Bodily Injury Liability
Amount and Basis of Deductible
PER CLAIM or PER OCCURRENCE
$ $
OR
Property Damage, Liability
$
$
OR
Bodily Injury Liability and/or
Property Damage Liability Combined
$
$
(If no entry appears above, information required to complete this endorsement will be shown, in the Declarations
as applicable to this endorsementj
APPUCA TJON OF ENDORSEMENT (Enter below any limitations on the application of this endorsement If no
limitation is entered. the deductibles apply to damages for all "bodily injury" and "property damage," however
caused):
1. Our obligation under the Bodily Injury Liability and
Property Damage Liability Coverages to pay damages
on your, behalf applies only to the amount of
damages in excess of any deductible amounts stated
in the Schedule above as applicable to such cov-
erages.
2. You may select a deductible amount on either a
per claim or a per "occurrence" basis. Your se-
lected deductible epplies to the coverege . option and
to the besis of the deductible indicated by' the
. placement of' the deductible imopnt in the ~ Schedule .
. . . above. The' deductible amount stated . in the lic!led-
ule aboye applies!l5,foUoWs:
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a. PER CLAIM BASIS. If the deductible amount
indicated in the Schedule above is on a per
claim basis, that deductible applies as follows: .
(1)..Under Bodily InjUry Liability Coverage, to all
damages suStained by any one person be-
cause of "bodily injury";
(2) Under Property Damage Liability Coverage, to
all damages sustained by anyone person
because of "property damage"; Or ."
(3) Und~rBoililY Injpry Liability , and/or Property
Damage. Uabili!;v' Coverage Combined.' to. all' . .
. . c1alllages"'sustained bya"y one lIerson be,.
. eeuseof: . . .'
;t~~,dilx;:.nlurv: ' '...~. 'j."
~. " lb) "PI'oPllrty damage~;cir.
. (0) 'H~q~ily.iiljUIYH ~nd . :IlI;llJleliVdamag,," " .
combined ' , '
as the result of any' one "occurrence".
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COMMERCIAL GENERAL LIABILITY
.
If damages are claimed for care, loss of ser-
vices or death resulting at any time from "bodily
injury", a separate deductible amount will be
applied to each person making a claim for such
damages.
With respect to "property damage", person in-
cludes, an organization,
b. PER OCCURFlE~CE BASIS. If the deductible
amount indicated in the Schedule above is on a
"per occurrence" basis, that deductible amount
applies as follows:
(1) Under Bodily Injury I.iability Coverage, to all
damages because of "bodily injury";
(2) Under Property. Damage Liability Coverage, to
all damages because of "property damage";
or ' ,
,
(3) Under Bo!lily "Injury Liability and/or Property
Damage Liability. Covenige Combined, to all
damages because, of;
(a) "Bodily injury";
(b) "Property damage"; or
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(e) "Bo!lily injury" and "property damage"
combined
as the result of anyone "occurrence", regardless
of the number of persons or organizations' who
sustain damages because of that "occurrence",
3. The terms of this insurance, including those
with respect to:
(a) Our right and duty to defend' any "suits"
seeking those damages; and
(b) Your duties in the event of an "occurrence,"
claim or "suit;"
apply. irrespective of the application of the de-
ductibleamount
4. We"may<pay any part or all of the deductible
amou,ntJ!I effect settlement .Gf any claim or
"suit" and. upon notification of the action taken.
you shall promptly reimburse us for such part
of the deductible amount as has been paid by
us.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00283 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOTORISTS INSURANCE COMPANIES
VS
STOUFFER GEORGE C & SONS ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
STOUFFER THERESA A
the
DEFENDANT
, at 0019:21 HOURS, on the 3rd day of March
2000
at 3812 CEDAR LANE
CAMP BILL, PA 17011
by handing to
THERESA STOUFFER
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:
18.00
8.68
.00
10.00
.00
36.68
~~H~~t
R. Thomas Kline
Sworn and Subscribed to before
03/06/2000
MEnG::: "'c;;;;~, W
Deputy Sheriff
me this ,z,/4- day of
lVt.....u.L J-<nro A. D ,
C~, (l~,~;
thonotary
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MOTORISTS INSURANCE COMPANIES: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. 2000-283
CML ACTION - LAW
CHARLES D. STOUFFER individually
and d/b/a GEORGE C. STOUFFER &
SONS, THERESA A. STOUFFER,
individually, d/b/a GEORGE C.
STOUFFER & SONS, and as a personal
representative of the Estate of GEORGE C, :
STOUFFER, and GEORGE C. STOUFFER:
& SONS, a partnership,
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR DISCONTINUANCE
TO THE PROTHONOTARY:
Please mark the above case settled, discontinued, and ended with prejudice.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C,
By
~JU~
Heather L. Harbaugh, Esquire V
Attorney I.D, 83997
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: ~ I~ 00
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CERTIFICATE OF SERVICE
AND NOW, this~day of April, 2000, I, Heather L. Harbaugh, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of
the within Praecipe for Discontinuance this day by depositing the same in the United States mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Lawrence J, Neary, Esquire
108-112 Walnut Street
Harrisburg, PA 17101
~~~L
Heather L. Harbaugh, Esquire
Date: '-( / J-ry 00
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