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HomeMy WebLinkAbout00-02514 ::.- ~. '. - , ~ -IH_1 LINDA D. DAVIES IN THE COURT OF COMMON PLEAS OF CulMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2514 CIVIL TERM I~ V. J. PAUL FOGEL SANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCE COMPANIES RULE 1312~1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: William P. Douglas , counsel for the plaintiff~ in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The .claim of the plaintiff in the action is $ 9,059.95 The counterclaim of the defendant in the action is same The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: Charles E. Haddick, Jr., Esq.; John J. Baranski, Jr., Esq.; Gregory E. Cassimatis, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT Respectfully submitted, Douglas, Douglas & ~~. By William P. Douglas , .~,;2,roj, in consideration of Esq., /rcult ~ ~ ,Esq., are appointed arbitrators in the AND prayed for. foregoing Esq.. and above-captioned " <h~ P. J. ~ l,;:; uJ~; go H:~ Ot"") 9\g~ -:;::;;-It."-, u-~~ U- o Ii I: '[ !1 !I II 1,1 ,. II II i",._, FJLED-OfF1CE QF " "1iJTHOI\I01NlY 01 JIlN 29 PM 2: 36 CUM6Ei1lAI~D COUN1Y PENNSYLVANIA vi rJ --:~ g ~ ;:::;; ('-. ~ p~ ~ ~ 3~ ~ ~ :n. il:: o~ b.-O D311::..' CJ ~fu . ~""1S Q) ..=1z, ....c:::.-. Cl- <;l<:: ffiifi \J --;. ~O- :::> c;o r:w:- 6-04 c::> .::s i!'l :lC 0.- \J:J N % ..,; -'" "~, ,,>. ~_ ~.~!IW~~~_.iJm" "'I"'_~'_ 0 .~~~,"""'~_";m'{<:F",;"","~;.q'~I,*,,",1'''''nI!'l~m''~mm'i'~''\'i;'fflrn~ilMlI~llllflf~ ~" " ~ i 03/29/01 16:23 FAX 7f77910524 HarrIsburg Legal ~001 CO< 4999 Louise Olive, Suite 103, Mechanicsburg. PA 1705:).:0-4376 FaxNumboc 717/~ '~ '., '" ,','.:. . "'IGrei>;;"'E:~ais,,;"';".1tis .','. ,,' ,..'o''?n'~~l\;f;, n\.I..::::liit",,':;;' .t:)J "W~V.s:.:"U~J''kI~" <,1:""1 "":'."~~:\\11,"1"\o"<I'V~ ,'":; ,~' '~~~, SlllfrG'lUri/lel1i.lf'FlD,e11Jncimil!i ~; " 'r'l::;; ,dll,~ ,1:1/ '\:,' ':.~" \.: ',: ;~:';f.1't:: ,,~:'~t/i" ',",;;"r~; ',,~ l,:~' '1::1 ,,,,r~1lT11T"'!~ '\'!F' ""." '~" ~'!;:,\. "":' '::': :);~~:~"~l"i"~';: I"~\:.': '\ FAX To. Joy from. Gregory E. Cassimatls f..... 243-8227 Pages. 4 (including cover) I'\ume: Date. 312912001 ReI - REMARKS; Joy. Enclosed are letters from both myself and attorney Haddick requesting that the depos~ion of the Plaintiff take place prior to any arbilralion hearing. Netlher attorney Haddick nor myself have heard back from Plaintiff's counsel regarding tne scheduiing of Plaintiffs deposition. We wOUld iike to take the deposition of the Plaintiff prior to any arbitration taking place. If you have any other questions. please contact my office. Sincereiy. Gregory E. Cassimatis THIS FAX Will: o not be sent by regular mail o be sent by regular mail o be sent by certified mail The infonnalion oontained in this facsimile message is a1lomey-client privileged and confidential information intended for lI1e use of the individual or entity named above. If the reader of this message Is not the Int.ndedreclpien~ Of the employee or agent responsible 10 deliVer it to the intended recipil!lnt. you are he.eby notified that any d1ssemlnaUon. dlsfljbution or copylJlg C>f this communication Is sirictly p1'Ohibited, If you have received 111;$ communlca1lonin error, please notify us immediately by telephone and return the original messege to us at the aOO"" eddress via the U.S. Postal Service. "IN Albtl. us.l!dAbDolt!A1$ NotA Pamelsm." ButPm\iczT~A4i~A~~_eyTheaflCi~ ftl5U1$l'CI!!Cl;l"1>>l1!f ~or'llle'e,ou~vt~Of~~~ThI!Ch:iI'lI'DliIl'l~CoI1tlSnI.Atldnu;rPdi~fiI$ - .~ 1 J." ~ . , IaJ 002 .,' '.,',; ".1 03/29/01 16:23 FAX 7177910524 Harr1sbur~ Legal .... , I DOUGLAS. DOUGLAS & DOUGLAS ATTORN&Y$ AT LAW 27 ON, H10H $TRE[:T Ill. O. BOX 261 wILLIAf,/[ P, OOUl'H.AS n O~OR~i: F. DQUG'lAS, ID CARLISLe:, PEN NSYLVAN IA 17013"0281 , . GEO"Gt fl. OOUC!lLAS. .n~. 19a5"19~$ .AI,.:;-=>A~'T'Tlttl'l'O PRACTICE ,~ !'"l.Ol'uOA . et::~I"ll.tl AS A CI....Il. l'RIAl.. -'OVQc;AT'IO: illY THIi N""TIQNN. UQARI> e.. ""I,t,L ""O\lOC'A'l' (,.'71243-17g0 FAX (717) lM3"I!M~153 JarlUllI}' 26,2001 Charles E. Haddick, Jr., Esquire Marshall & Haddick 20 South 361h street Camp Hill, PA 17011 John J. Baranski, Jr., Esquire Office of Dale F. Shughart, Jr. 35 East High Street, Suite 203 Carlisle, P A 17013 Gregory E. CassitnatiB, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Meclianicburg, PA 17055 . Re: Davies v. J. Paul FogeLsanger Insurance Agency, Inc. And The Cincinnati Insurance Companies Dear Charles, John and Gregory: Enclosed is a copy of Plaintiff's Petition for Appointment of Arbitrators . filed this date in the Prothonotary's Office. Sincerely, Bit I WPD:!fh Enclosure 03/29/01 16:24 ......l .1 FAX 7177910524 ...; HarrIsburg L~gal IilJ 003 ..... I ll/.IINR~,l'^ V !f!\MJNGKMl, AL \ ~,OR l)'~N',Otr Gu;1;QfllI E. -C,o.!!tMAn~ }r4Cp.:SWDJ,l J<Jtlrlr. G.tw>l1'lON DAvrc;.I. &i'J.ZIJ';Q D~I'WD M. ~!liiSE'tl~ 1,.\ultfRA. wro~ BERLON& TIMM:EL 14oayS.r..Jl.!li:Wl~ PIlw:JIUCL.YI';llJNC "Kim. D. 'I}lOMAS ,~~ R, McHif'ttr ATTOI\1'lEYS AT LAw JOJ;lf'l' P. o'O~\.. O....~"'f:.CNtJPlJt.1IOl'JI AJgto~IOl' C1NcL~I()(t T:<<'lt.w A. llAUlI'C1 l'ATJl.l~ S, Cg~\lCl'l.'" M.u.x J. HulJ,liI. SUlTli 103 A!.:UON J. -P,umll. c.au~"''tl.iWJ:i . COWlItlIlJ8,Otf BiAAJKR'\'l'I\& ~1tM~ 49!1!1 LOIJISE DlUVE DANm. C;;. TAl"LOJ. To/,.lWO, OM !)J.J'll[lt..L. ggll'.<oU Ji;Ua9lJj M, Qw,,~p Wlll~S.Plm;Jls:ON Stl1":lGr> C. RoJ.cKl iMMv A.. Mml< MEalANlCSBUlIG, FA 17055 M1C}l~J.Mr;w..>l1 Mn~1t<I.tL t. CW'J!. 6~t.~^'''i\ T.Rt~Ji,ltO\Vf.f ~T.POl't:- ATWit.\-~ Mlt>>W:r.D,:fIT~Cl\. (717)791-0400 A1.J.U1!."'~y., ~1i;..NltWW\c !-b~lIAaR,;aliJ\J.Ol>l S'iim~R.POt;l.Z GF.Qi.C3A.LYCNll TAMUT. Pu$J 'I'mMC.Crv.c:i\.i- FACSIM!LI! (717) '791-0524 J~ f. Kl.mB.. JlI.' M;,TTHi\II' R. SClM-P.J\ DAl/'INl!. w......t:~f' ~X'tro03 ~w,c:01.i!l"i' ~ADMn""m>I~~.. .o;rrgaNMt.l~ONL'l rUNll! G. BW:)N, Rr.m.ol:l ~C~.tll1/o11 IN DJ;$ler-oom rrIl1".J 'tMonN L. "t'1l~ Or COtfl'-'5$l, . ~N:lllll"l"'1'mJNcm \J:>llHS::ln~t'QI~, ~=~;.1~ Jlllluary29,200l William P. Douglas, Esquire DouglllS, Douglas & Douglas 27 West High Street PO Box 261 Carlisl~, P A 17013 Re: Linda D. Davies.V. David S Davies: J. Paul FogelsanRI;l" Insurance Agency. Inc.. and The Cincinnati Insurance Al!ellcies <"":urnberland County CCP No. 2000- 2514-Clvil D~ar Bill: I have your lett~r of JillJuary 26,2001 in regar'd to the above matter. Prior to the arbitration hearing, I would like to take the deposition of your client. PlellS~ contact my office upon receipt of this lette! to provide me with potential dates for her deposition. Thank you for you! ~ssistance in this matter. Sincerely, . .~ p~/~~~ Gregory"E. Cassimatis GEC/j az. .' cc: Charl~s E. Haddock, Jr., Esquire John J. 'Baranski, Jr., Esquire llerlon ~"tlIl\lftl!lia iU111t\in~!ed ~t!on.r.ql: 1II P~f, ofindMduallicU1H4attorneyS, empluycd by th(l c:lm:inN.ti ~ura:nceCnmpany fottN~1.IBrve ~ ofrcp,\'2.<,U\lingthl; C1rItir1M..~O'Complll\ie:$ and thcirpoUcthollii<<s. , 03/29/01 16: 24 FAX 7177910524 ~,,-"b1 ," ,-<', 6.: Harrisburg Legal @004 - i " ., MARSHALL & HADDLK, P.c. a p'of~$si(ln2.1 corpotlltiol1 AITORNEYS ^T (..\\1:.' 20 scn.rrH J(jTll S1:'R:S:S'r CAMP HILL, P€NNSYl.:'IIANi^ 170Jl TELEPHONE' (7\1) 731-<800 FAX.: (71"1j '51.4803 E.MAIL: mhpa.law@aol,t;;om INLCl\N;eT; W'o\'<<.mh,baweb.I;\:l1'Tl January 31, 2001 CHARLES E.'HADDlCK,JR. William p, Douglas, Esquire 27 West High Street ' P.O. Box 261 Carlisle, PA 17013 /~:'~<;l .,. john j. Baranski, Jr., Esquire 35 East High Street Carlisle, PA 17013 RE: Davies V5. Fogelsanger Agency, et al. Docket No. CV-000004S-o0 (Cumberland County 0.1, Bender) Our File No. UM-292 Dear Bill and john: I would like to take the depositions of Mr. and Mrs. Davies prior the arbitration in the above.referenced matter. My office will be contacting your office in the near future concerning dates.on which these depositions may occur. Please do not hesitate to contact me should have al'1Y questions or comments. Very truly yours, MARSHALL & HAD DICK, P.c. G,ts C- Charles, E. Haddick, Jr. - CEH, jrJkac cc: Gregory E. Cassimatis, Esquire , ~ _..G_' " -" , ,~ - LINDA D. DAVIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-2514 CIVIL TERM DAVID S. DAVIES and J. PAUL FOGEL SANGER INSURANCE AGENCY : Defendant CML ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court in the above-captioned case will sit for the purpose oftheir appointment in the above-captioned action on Wednesday, May 16 at 9:00 a.m. in the 2nd Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania. CA YEATS: 1. Those parties wishing to introduce videotape evidence will be expected to have the necessary equipment to display the videotape present at the arbitration location. 2. In the event that deposition transcripts are to be used as evidence, transcripts should be provided to each arbitrator at least one week prior to the hearing. 3. Parties wishing to argue legal points will be expected to have copies of statutes, cases, etc., with relevant portions highlighted for each arbitrato ~sing counsel at the commencement of the hearing. . March 15, 2001 H. Broujos, Esquire, Chairman M . Emery, Esquire, Arbitrator Andrea C. Jacobson, Esquire, Arbitrator COPIES TO: William P, Douglas, Esquire Douglas, Douglas & Douglas Attorney for Plaintiff John 1. Baranski, Esquire Attorney for Defendant David S. Davies Charles E. Haddick. Jr.. Esquire . ~/ Marshall & Haddick V Attorney for Defendant 1. Paul Fogelsanger Insurance Agency G.r~'1n-'1 C4.f,,'lVeJ/I AH~ fure.""'i y\, r. C",. ~~ , LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW v. No. 2000 - 2514 DAVID S. DAVIES and J. PAUL FOGELSANGER INSURANCE AGENCY Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant J. Paul Fogelsanger Insurance Agency in connection with the above-captioned matter. Respectfully submitted, MARSHALL, SMITH & HADDlCK, P.c. Date: May 23, 2000 G Charles E. Haddick, ., Esquire Attorney I.D. No: 556 Date: May 23, 2000 'd~ ~~('~1A,Aat~ Lori Adamcik Kariss, Esquire Attorney I.D. No: 66465 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants iii I . " - . . CERTIFICATE OF SERVICE AND NOW, this'Utfaay of m~, 2000, I, Lori Adamcik Kariss, Esquire, hereby certify that 1 did serve a true and correct copy of the foregoing Entry of Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David 5. Davies ~~o'~- i~ ~_U. 1 .--~ ~ < 1;,( '~ "-- ~ , ,. ~= ,,,~. ~, ... .",' h' "-' t::ii l!.} Q.~ .~_..t"' ~J~-;; ~;~C' / ?~~; .)-:.-(= Z "j '< .. o c o l-:::> o -T! ::r: :;:~'" -'"--"': ::::J ~'il :n ,. 'i':JCil ,,-,0 '-ti~J ;.~M ~, -~ 1; '< r0 Ul ~""J ::i': ,"'" r;- (:::> ^,",., .1, It "- ~ " 11 ~! I r,: ~ I ,( ! ,_.~ '0<<. . '~"';,,,,,,,,,-,,~,,+"~,,,,,,,,,,,,,_,;j,i;!Pi'~ ~l ~-+~~ .11 ~ _ _M ~_""~~ , ." . rf= ~~"'- '-'=" Mc' "",^,J ii<':;;l,:~,: _~"l>~~ ?\,~ 6.-Jflt[)~~;('fJ-l7rlJ d\ A'l:\ \ , .....--- I - --;:. .)...'-'\\ ,'Ti" Z:::-r(.(Jl~ D-ll~J.9<>.u-<..Q.. - ~I>~ J.lHi>v"fcl" 3)12:~(($-4..'lt...A'r} D... :5.i>a.o..J(F~..l2.-..A.r,.-~4~cr-(Lo,,; I<.~) 731-'fto-o Arlo. iY\~~ G'II- '?~/J1J sll~r;-,'n,oftu~ IkJ l70Fr 1\rlo. lI~cJ~ L.'fr-~C(-2-7 . t:.L €" fh-t'- (1'L',r~) f~ ~ ~: Ap:-~'9il'f!;:J.O, '~'~/2.7 I~ 'i'{'7)/"~ I~!l. (q~.oJ~, ~ ~ ~.1u u.u..tJ '1:~ WI:<>o,d'>D 'f ~To be Vz-~ "L-"> 5. 3 <.-.1<, '1- G./hlI170ff AV;4 iL.-kIiLe: (I .. g,l/O~ 9-.a) ~ t(P'n/1.~ . $.. ~#~ 27 it\ "1 ('1~ t I~ fJ or 1'6 C~0..J (4) ~ nAtfG-; J 1 ..% ..rio..{! .~ n... ,at: f.'?\ (Y\'d l(L/'-A.!!i.Y=f-~\~/ ~~ -+L--r~Cf ~ 3-'%- - ~ ~. 1"1 1~~Ji!) ~ ....-r.. '~:;:r~}. ,l'hJ _~E~6 ............ ..... .... 'l @/) / 7f(tJ>) , oilllllI!8llIll6II~,wl""""",,,,,,,,,,, ~~ - .. ,~<"' ~ lIlJltl:!lll" ili;',;.iIilk_# <; f\-NI, ~ uf ( {j--_l.. ~ .~::, <;;t;.;;;;;;: .........p. ...._,_.~...~_.. .--.... -...,,-.. NAM S. LEE and MIN J. LEE, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6320 CIVIL TERM v. CIVIL ACTION - LAW KAUKAB I. BUTT and DILSHAD BUTT, Defendant NOTICE OF RESCHEDULED ARBITRA TORS' HEARING TO: John H. Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle. PA 17013 AND NOW, this 27th day of July, 2000, you are hereby notified that the Arbitrators appointed in the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: Thursday, September 14, 2000 Time: 10:00 a.m. Location: Old Cumberland County Courthouse, 2nd Floor Hearing Room, Carlisle, Pennsylvania CAVEATS: 1. THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. 2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE. TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. 3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR H ARBI <\<ATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE ING. Davi . D ce, squire, Chairman Mark K. Emery, Esquire. Arbitrator George F. Douglas. III. Esquire. Arbitrator kkm:133191 c: Mark K. Emery. Esquire George F. Douglas, III, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office - Jul 7/2000 iHl!lMlW!~.ID!l~~Il.tlii~!Jiiliil'~~t*~~&I:.""",;~,~h'll;", 1!,,,,,":,,,,,,",,,,,,,,~,:):_,,"~..M,,,,!c~~IiiiiI~i\iJ!t,,,"--ffiJl!iiiilil!1~h!!;'~l~,~~~i!iiIlm ~~""~"'H_~ Page 2 Dat-e'------~--Recel veer-From/PaId: To ~_n_~~_tL~,..~~p}anati~_____ Broujos & Gilroy, P.C. Client Ledger ALL DATES Chel __ _______ ~~pt# ~~.R~,~. 8806 Preparation of letters to Ralph Otto and Ken Apr 7/1995 Lawyer: 3 1.20 Hrs X 75.00 8807 Office Consultation with representatives of Dickinson and Ken Apr 10/1995 Lawyer: 3 0.10 Hrs X 75.00 8808 Telephone Conference with Steve Weingarten-Re: Dickinson Apr 10/1995 Lawyer: 3 0.50 Hrs X 75.00 8809 Office Consultation with Ken and Jack Augustine-Re: Dickinson Apr 11/1995 Lawyer: 3 0.05 Hrs X 75.00 8810 Telephone Conference with Steve Weingarten-Re: Dickinson Apr 11/1995 Lawyer: 3 1.00 Hrs X 75.00 8811 Travel to and attendance at North Middleton Planning Commission-Re: Dickinson Apr 12/1995 Lawyer: 3 2.25 Hrs X 75.00 8812 Travel and attendance at Middlesex Zoning Hearing Board Apr 18/1995 BILLING ON INVOICE 557 268 FEES 483.75 Apr 18/1995 Christopher C. Houston 20128 mileage Apr 21/1995 Lawyer: 3 0.15 Hrs X 75.00 8813 Preparation of letter to Steve Weingarten-Re: Dickinson Apr 24/1995 Letort Regional Authority 23921 PMT - Client Paying Bill May 12/1995 Lawyer: 3 0.15 Hrs X 75.00 8814 Preparation of letter to client May 16/1995 Recorder of Deeds 20129 Letort/Dickinson Easement May 17/1995 Lawyer: 3 0.10 Hrs X 75.00 8815 Telephone Conference with Ken Giffhorn Jun 23/1995 BILLING ON INVOICE 755 336 FEES 30.00 DISBS Jul 23/1995 Letort Regional Authority 23924 PMT - Client Paying Bill Aug 9/1995 Lawyer: 3 0.15 Hrs X 75.00 8816 Telephone Conference with Rich Mislitskyl client-Re: Mallios tract Aug 15/1995 Lawyer: 3 0.20 Hrs X 75,00 8817 Preparation of letter to Central Pa. Conservancy Aug 15/1995 Lawyer: 3 0.10 Hrs X 75.00 8818 Telephone Conference with Nick Mallios Aug 16/1995 BILLING ON INVOICE 864 388 FEES 33.75 Aug 18/1995 Lawyer: 3 2.00 Hrs X 75,00 8819 Review of draft easements/preparation of draft letter to Natural Lands Trust Aug 19/1995 Letort Regional Authority 23927 PMT - Client Paying Bill Aug 28/1995 Lawyer: 3 0.10 Hrs X 75.00 8820 Telephone Conference with accountant for Mallios, Billman, and Costopolous Sep 6/1995 Lawyer: 3 0.10 Hrs X 75.00 8821 Telephone Conference with George Amon-Re: Tax deduction for conveyance to authority Sep 7/1995 Lawyer: 3 0.10 Hrs X 75.00 8822 Telephone Conference with Ken Giffhorn Seo 7/1995 Lawyer: 3 0.50 Hrs X 75.00 8823 Research IRS code Sep 8/1995 Lawyer: 3 0.25 Hrs X 75.00 8824 Preparation of letter to Steve Kauffman-Re: Mallios,et at Sep 14/1995 Lawyer: 3 0.20 Hrs X 75.00 8825 Telephone Conference with client/Carol Weitzman Sep 19/1995 Lawyer: 3 1.25 Hrs X 8826 Preparation of letter Conservancy/agreement et al -~- 30.90 75.00 to Central Pa of sale-Mallios, 0' ~ . C;R' Gen-eral -- ----BICf---------- ----~-.~-Trus~t"._-'--~ Di~_b_~ _________J':=~~__ ~~______Rcpts _ Dis~l,~~~ 90.00 7.50 37.50 3.75 75.00 7.50 37.50 18.75 15.00 93.75 557 557 557 557 557 941 94] 941 941 941 ,"=' -~-'- - ~',- .-" ,_~ ,"_. '''_~d-~ _-, ~"" ,'h' ,,~~""-'-'O:--".' "-I n...,',_" ~ ...... -- "-- . ";:'" -.'" 'C'- '," "~C.~,,, " ,.. ~o.-~' '-0. '/;/ '" ~,- ,. '-00., GREGORY E. CASSIMATIS, ESQUIRE Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, The Cincinnati Insurance Companies LINDA D. DAVIES v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CODNPX' PENNSYL VANIA '10. 'AJ.rf:I: ~Co-O~"Jfft4r YOU ARE HEREBY NanFlED '10 FILE ~N~~~~~;~. ,~~~~~ THE WIT,. ..; " 120) DPfS . SEPii''','~': '-~'~-)I"~'," FROM MAYBEEi~TE~,,6~~~~~~ aY~. No.2000-25I4-CIVIL Plaintiff DAVIDS. DAVIES, 1. PAUL FOGELSANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCE COMPANIES Defendants ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, come Defendants, David S. Davies, J. Paul Fogelsanger Insurance Agency, Inc. and The Cincinnati Insurance Companies by and through their attorney, Gregory E. Cassimatis, Esquire and files the following Answer with New Matter and New Matter pursuant to Pa.R.C.P 2252 (d) and avers follows: 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation in paragraph 1 of Plaintiff's Complaint and the same are deemed denied and strict proof thereof is demanded. -'-<,-' '"''~''' '-,,-'-'~'-"., '-.-"-- '.-- , -"I ,.,-, ~_,'~ ","-' , ~ ".:' ,,~,;v_ ,'.-' '. ; - -: ,--- ,'i;~ :~<'" .;:~ ," """,,~, ,;~ - ,'\t"" _,,- .- , 2. Admitted on information and belief. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that defendant, David S. Davies owned the 1994 Chrysler Town & Country minivan in question. As to the balance of the allegations contained in paragraph 4 of Plaintiff's Complaint, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and the same are deemed denied and strict proof thereof is demanded. 5. Admitted in part and denied in part. It is admitted that Defendant, Fogelsanger, an insurance agent for Defendant, the Cincinnati Insurance Companies wrote a policy of insurance with respect to the vehicle referred to in paragraph 4 of Plaintiff's Complaint with a policy number HRA 881 06 33. It is denied that said policy was written on February 2, 1999. On the contrary, said policy was written on February 1, 1999 by Defendant, Fogelsanger with a named insured of Defendant, Davis S. Davies. 6. Admitted with clarification. It is admitted that Defendant, Fogelsanger was acting within the course and scope of his duties as an insurance agent for Co-Defendant, The Cincinnati Insurance Companies. 7. Exhibit "A" attached to Plaintiff's Complaint speaks for itself. The balance of the allegations contained in Paragraph 7 of Plaintiff's Complaint are denied as conclusions of law to which no responsive pleading is required. 8. Admitted in part and denied in part. It is admitted that the Cincinnati Insurance Company claimed that coverage for the Plaintiff and her vehicle had been canceled by her agent. As to the balance of the allegation contained in paragraph 8 of Plaintiff's Complaint, after reasonable investigation, the answering Defendant is without knowledge sufficient to ,<n_ ," - <--~.- ,-, ""n" - .' "",_~.', , .--' '. '__ -~".,',___ . - ki ""'_ _"- ____ _ '" n. "",,_,-_. ;__;'-'. - '~-"" _, ; "i<=' ,,,..,~ -_;"';;;.2.;:,~,c;' ,._,~,,~L ~":. \. . form a belief as the truth of said allegations and the same are deemed denied and strict proof thereof demanded. 9. Denied. The allegations contained in paragraph 9 of Plaintiff's Complaint are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, Linda D. Davies was not a named insured under the insurance policy in question and was not required to receive notice that the policy in question was going to be canceled. 10. Denied. The allegations contained in paragraph 10 of Plaintiff's Complaint contain conclusions of law to which no responsive pleading is required. To the extent that a response may be required, the insurance policy in question was canceled pursuant to the request of the named insured, Defendant, David S. Davies. 11. Denied. The allegation contained in paragraph 11 of Plaintiff's Complaint constitutes a legal conclusion to which no responsive pleading is required and the same is deemed denied. WHEREFORE, Defendant, The Cincinnati Insurance Companies demands judgment in its favor and against the Plaintiff, together with costs of suit. NEW MATTER 12. Plaintiff s Complaint fails to set forth a cause of action upon which relief can be granted against the answering Defendant. 13. Coverage for the Plaintiff's vehicle was deleted from the policy of insurance in question on May 24, 1999 at the request of the named insured, David S. Davies. A true and ,,- _ .,,"" , , ,~ .-. ~",,,,,, "-~'~'__' ,".- -',~~< 0- ~',_-., __ --"'-'"'' .,i''''/'''',,'''''i "_'" :d'_" ."" '..',-, 0,'.';':''';'' :"",,;, "' ~" correct copy of an endorsement deleting the vehicle in question is attached hereto and made a part hereof and marked Exhibit "A". 14. Defendant, David S. Davies was the only named insured under the policy of insurance between The Cincinnati Insurance Companies and David S. Davies. A true and correct copy of the certified copy of said insurance policy is attached hereto, and made a part hereof and marked Exhibit "B". 15. At all times pertinent hereto, there was no contractual relationship between the Plaintiff and Defendant, The Cincinnati Insurance Companies. 16. Under Pennsylvania Law, an insurance company or insurance agent has no duty to notify anyone other then a named insured of any endorsement changing the status of any insurance policy. 17. The Plaintiff's damages, if any, were caused solely and directly as a result of individuals or entities other then the answering Defendant and over whom the answering Defendant had no responsibility or right of control. 18. The Plaintiff's cause of action and/or right of recovery is barred or modified by the doctrine of comparative negligence as applied in the Commonwealth of Pennsylvania. 19. The Plaintiff has failed to join necessary and indispensable parties to this litigation. 20. The Plaintiff has failed to mitigate her damages. 21. Defendant, David S. Davies was the only named insured under the insurance policy in question. See definition for "named insured" on page 1 of the certified copy of the insurance policy in question which is attached as Exhibit "B". . ~ -" ".-- . .... ,_ <' "- ,_.; ~' ,~' "~;..__;,.,,, , "'< "u, , ',_,",~",_.1J .~ __ .'",-.-""'. ,.'p' -"^;,,,,'<',,;;.;- " " ';,~"~ 22. The declarations page for the insurance policy in question listed only Defendant, David S. Davies as a named insured. See a true and correct copy of the declarations page which is attached hereto as Exhibit "B". 23. At the time of the accident in question, Defendant, David S. Davies had no insurable interest in the 1994 Chrysler Town & Country Minivan in question. WHEREFORE, Defendant, The Cincinnati Insurance Companies demand judgment in its favor and against the Plaintiff, together with costs of suit. NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) DIRECTED TO CO-DEFENANTS. DAVID S. DAVIES AND J. PAUL FOGELSANGER INSURANCE AGENCY. INC. 24. The answering Defendant, The Cincinnati Insurance Companies, hereby incorporate by reference all well pleaded averments and causes of action as stated by the Plaintiff in her Complaint. The answering Defendant, The Cincinnati Insurance Companies, deny all averments of liability, but if, upon adjudication of Plaintiff's cause of action, it is judicially determined that said Defendant is liable to the Plaintiff, said liability being expressly denied, then said liability will have been caused or contributed to by the negligence, carelessness and recklessness of Co-Defendants, David S. Davies and J. Paul Fogelsanger Insurance Agency, Inc. for which claim is hereby made for contribution and/or indemnity. 25. As the direct and proximate result of the foregoing, Co-Defendants, Davis S. Davies and J. Paul Fogelsanger Insurance Agency, inc. are alone liable to the Plaintiff or liable over -' ~ u ,"~- . """ ~'- ." "",',~ ..~ ... _;"_J~ .,', ,-" -"i,-__~~',',; -.>' ^'~, ''-' '-'. , J;,,~A'-c; .' " "~'~,-' n. ;,,:,.. '.~ to Defendant, The Cincinnati Insurance Companies, or jointly and severally liable to the Plaintiff. WHEREFORE, Defendant, The Cincinnati Insurance Companies, demands indemnity and/or contribution, as the court may deem appropriate in their favor and against Co- Defendants, David S. Davies and J. Paul Fogelsanger Insurance Agency, Inc. and demands that said Defendants be found solely liable to the Plaintiff jointly and severally liable with the answering Defendant or liable over to the answering Defendant, as in contribution or indemnity. Date: 15-ze~Ob ~ By: Grego . Cassimatis, Esquire Attorney for Defendant, The Cincinnati Insurance Companies ':\~, HI<i j 8810633 .\ "'- f ' '" , _. (0- -, _ "-. ." ",_, " ,~ < THE GIlt~~'lI1N~6E~~;\NDJSl ,., A'lJ'TOMOjULE ) PAYOR - INSURED . CHANGE<"1lFFECTIVE ... POLICY EXPIRATION 05-24-99 02-01-00 ",I ~k" !Ii.:!.. ., M RETURN DUE NOW $106 08-01-99 REVISED INSTALLMENT PREMIUMS $191 11-01-99 $191 II II " I II II .I II '1 II " Issmm TO: David S. Davies It is agreed the policy is amended as follows: Deleting driver and a vehicle ~ ,'iit> Q;> ;;::, ~ i1P VEH 1C4GH54L6RX18~20 PP ~' AMENDATORY ENDORSEMENTS: CPA1339 (07/97) AP441PA(07/97) CPA1342 (07/97) CPAl344 (07/97) CPAl094 (07/97) AP438PA(07/97) AP439PA(07/97) HOA3000(10/97) SYMBOL/ RT BASIS 10 '1 I Vehicles (A) Added or (D) Deleted Car (D) 02 1994 Chrysler T&C v' TAPED BY )\]3 1I1~~~.ii7!ii,~tc~V..'a rt~ D. ;' rf1..~-%e;.V~u 'L4!e_. ".;'-," rley 2 7~9 1jJ} 1'1 AlP _--A..;;..",.J:",LIN!rIAli~~ AP 4"4 PIJU......_."A.I' p" .. . ~~~I~fl'~_"..=.:~,~..:-~._. ..: Nothing herein contained shall vary, alter, waive4 or extendLany of the terms, representations, conditions, or agreementsbf" tn-'i:=~icy other than as above stated. 37-034 J.PAUL FOGEL SANGER INS.AGY.INC. Shippensburg, PA 05-24-99 PAVER070199 BY: ~6tlQ.IJ. 7h~ PAGE 1 HOME OFFICE COpy #02 ,. PL.l050 (1/96) . POLICY NUMBER HRA 881.0633 ,-._, I _ I , ,.~ THE CINCINNATI I1\8URANCE COMP.,JES TEtE .. ,NCINNA$':t INSURANCE COMP~ OMEOWNER AUTO , . POLICY PERIOD . ~UARTERLY -AC ~1iI,""L~ 02/01./99 TO 02/01./00 1.2:01. AM Standard Time At The Address of the .Named Insured INSTALLMENTS 02/01/99 $206. 05/01/99 .NAMED INSURED David S. Davies 25 W. King St. Shippensburg AND ADDRESS PA :!, 7257 A.C PMS ''IR 0 /.. 1 $205. 08/01/99 $205. 11/01/91 $2 h/A I Jq~ AGENCY 37-034 PROD "01J7l . PAUL FOGELSANGER INS. AGY . INC. 4 West King St /--. < POBox 68 \ \ . C; Shippensburg, PA .17257 \-J PHONE: (71.7) 532-41.54 .,. INSURANCE IS PROVIDED WHERE A PREMI COVERAGES ~ b! il :'1 L'I " "I Ii ., , NEW POLJ:CY PAYOR - INSURED .t R 'INCL' IS SHOWN FOR THE COVERAGE ~.:............. ........ LIMITS OF LIABILITY $ $ $ Funeral Expense $ C2 Uninsured Motorists Combined Single Limit $ Underinsured Motorists Combined Single Limit $ 35,000 Each Accident Damage To Your Auto Actual Cash Value Less: Other Than Collision $ 1.00 Deductible Collision $ 500 Deductibie TransportationExpense $20 Per Day/$600 Max. Passive Restraint Credit-Both Front(2) Safe Driver Discount A2 Combined Single Limit Liability (BI & PD Coverages) Added First Party Medical Expense Work Loss Benefit D .$ 300,000 Each Accident 10,000 1.,000 5,000 1.,500 Per Month Total CAR 01 PREMJ:UMS 02 35,000 Each Accident 184. 20L 34. 32. 1.2. 8. 3. 2. 1.L 1L 34. 34. 1.05. 152. Incl Incl Incl Incl 278. 545. TOTAL PREMIUM $823.' AMENDATORY ENDORSEMENTS: *CPAl339 (07/97) *AP441PA(07/97) *CPAl342 (07/97) *CPAl344 (07/97) *CPA1094 (07/97) *AP438PA(07/97Y *AP439PA(07/97) . *HOA3000 (10/97) .' ... ../ ". Subtotal DESCRIPTION OF YOUR COVERED AUTO TYP CLASS SYMBOL/ TER YEAR MAKE/BODY STYLE VEHICLE ID NUMBER VEH CODE RT BASJ:S 01 027 1985 Pontiac parisiene 1G2BL35H6FX274761. PP 8111.29 02 067 1.994 Chryler T&C 1.C4GH54L6RX1.86320 PP 811.1.29 10 py Assistant Secretary RECEIVED FEB 1 2 1999 1~;Jbo-;[~f'{r)~r- HOME OFFICE COPY 02-02-99 PAVER030199 BY PL.l050 (1/96) :~',,",, ,e< - ~ ~ .;:. --'_,' I ,-" "k, ' ,. 'i!:~ HOMEOWNERS AUTO ENDORSEMENT PROVISIONS. HOA 3000 TABLE OF CONTENTS DECLARATION PAGE Your Name and Address Your Auto(s)and/or Trailer(s) Policy PeriOd Coverage and Amounts of Insurance Beginning on Page AGREEMENT DEFINITIONS PART A LIABILITY COVERAGE 2 2 2 3 4 5 5 5 .Insuring Agreement Supplementary Payments Exclusions Limit Of Liability Out Of State Coverage Financial Responsibility Required Other Insurance PART B MEDICAL PAYMENTS COVERAGE 5 5 6 6 7 Insuring Agreement Exolusions Limit Of Liability Other Insurance PART C UNINSURED MOTORISTS COVERAGE 7 PART 0 COVERAGE FOR DAMAGE TO YOUR AUTO 7 7 8 8 8 9 9 10 10 10 Insuring Agreement Transportation Expenses Towing And Labor Costs Coverage Exclusions Limit Of Liability Payment Of Loss No Benefit To Bailee Other Sources Of Recovery Appraisal PART E DUTIES AFTER AN ACCiDENT OR LOSS General Duties Additional Duties For Coverage For Damage To Your Auto 10 10 10 PART F GENERAL PROVISIONS Ban kru ptcy Changes LegalAction Against Us Our Right To Recover Payment Policy Period And Territory Contains copyrighted material of Insurance Services Office, Inc., with its permission HOA.3000 T (10/97) Copyright, Insurance Services Office, Inc., 1990 10 10 11 11 11 11 " ,. .-1 , ~,-_' '^~-J- ,-, _:.i" ',-,,- Termination Cancellation Nonrenewal AuJpmatic Terminatiqn 'O'itierT eri'\1inaiionf>rovisions Iran$ferOf Your Interest In This Policy TWo Or More Auto Policies RaCing Exolusion Fraud Choice Of Law 12 12 12 12 12 13 13 13 13 13 i I I I I 1 I i ! I I I I 1 II I, I. I, ~ Your. ayto insurance policy is..''I,legal oon;ract between you and your insuranoe oompany. READ YOUR POLICY CAREFULLY. This Table of Contents provides only a brief outline.of some of the im. portant features of your policy., Only the actual policy provisions will control coverage. The policy itself sets forth, in detail, the rights an,d obli9<!tjons ofb.oth you and your insurance company. IT IS THEREFORE IM- PORTANT THAT YOU READ yqUR POLlCY. HOA.3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 " ,-, , '-~ "" ,,- l.' __ ] -';' .', ' _ ~ THE CINCINNATI INSURANCE COMPANY HOMEOWNERS AUTO ENDORSEMENT PROVISIONS AGREEMENT In return for payment of the premium and subject to all the terms of this policy, we agree with you as fol- lows: DEFINITIONS Throughout this policy, "you" and "your" refer to: 1. The "named insured" shown in the Declarations; and 2. The spouse if a resident of the same household. llWe", "us" and "our" refer to The -Cincinnati Insurance Company. For purposes of this policy, a private passenger type auto shall be deemed to be owned by a person if leased: 1. Under a written agreement to that person; and 2. For a continuous period of at least 3 months. Other words and phrases are defined. They are boldfaced when used. "Bodily injury" means bodily harm, sickness or disease, including death that results therefrom. "Business" includes, but is not limited to, trade, profession or occupation. "Property damage" means physical injury to, destruction of or loss of use of tangible property that has been physically damaged. "Non-owned auto" means a vehicle not owned by or furnished or available for the regular use of you or any family member while in the care, custody or control of a covered person. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child. "Occupying" means in, upon, getting in or out, getting on or off. "Trailer" means a vehicle designed to be pulled by a: 1. Private passenger auto; or 2. Pickup or van. "Your covered auto" means: 1. Any vehicle shown in the Declarations. 2. Any of the following types of vehicles on the date you become the owner: a. a private passenger auto; or b. a pickup or van. This provision (2.) applies only if: a. you acquire the vehicle during the policy period; b. you ask us to insure it within 30 days after you become the owner; and c. with respect to a pickup or van, no other insurance policy provides coverage for that vehicle. If the vehicle you acquire replaces one shown in the Declarations, it will have the same coverage as the vehicle it replaced, You must ask us to insure a replacement vehicle within 30 days only if: a. you wish to add or continue Coverage for Damage to Your Auto; or b. it is a pickup or van used in any business or occupation, other than farming orranching. HOA-3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 Page 1 of 13 o _j, ',- ~, "' , If the vehicle you acquire is in addition to any shown in the Declarations, it will have the broadest coverage we now provide for any vehicle shown in the Declarations. If neither the vehicle being replaced or any other covered auto on your policy has PArt D. Coverage For Damage To Your Auto, we will provide Collision and Other Than Collision coverage for your re- placement or additional vehicle subject to a $250 deductible for a period of 14 days after you become the owner. If you do not notify us wtthin 14 days after you become the owner of your intention to add physical damage coverage for the vehicle you acquire, this physical damage coverage will expire. 3. Any trailer you own. 4. Any auto or trailer you do not own while used as a temporary substitute for any other vehicle described in this definition which isout at normal use because of its: . a. breakdown; d, loss; or b. repair; e. destruction. c. servicing; PART A - LIABILITY COVERAGE INSURING AGREEMENT When a c.overed person becomes legally responsible because of an auto accident or for physical dam. age to a non owned autCi, we will pay: A. for bodily injury; B. for propertY ~amage; C. for property damage to a non-owned auto: .1. when there is. a writtencCintract we will pay for damage according to the terms of the contract; 2. ,.inthe absence Of a written contract, we will pay in excess cfany other applicable coverage. Damages include pre-judgment .interest awarded against the covered person. We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ..nds when our limit of liability for this coverage has been tendered for settlement or payment of jUdgmenl.We have no duty to defend any suit or settle any claim for bodily injury or propertY damage not covered under this policy. "Covered person" as used in this Part means: 1 . You or any family member for the ownership, maintenance or use of any auto (including a motorhome, truck or motorcycle) or trailer. 2. Any person using your covered auto. 3. For your covered auto; any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is ilfforded under this Part. 4. Forany auto (im~luding a motorhome, truck or motorcycle) or trailer, other than your covered auto, any person or organiziltion but only with respect to legal responsibility for acts or omissions of you or any family member for whom coverage is afforded under this Part. This provision (4.) applies only if the person or organization does not own or hire the auto or trailer. SUPPLEMENTARY PAYMENTS In addition to our limit of liability, we,will pay on behalf of.a covered person: 1. Up to $500 for the cost of bail bonds required because of an accident, including related traffic law violations. The accident must result in bodily injury or propertY damage covered under this policy. 2. Premiums on appeal bonds and bonds to release attachments in any suit we defend. 3. Interest accruing after a judgment is entered in any suit we defend. Our duty to pay interest ends when we offer to pay that part of the judgment which does not exceed our limit of liability for this cov. erage. 4. Uplo$75 a day for loss of earnings, but not other income, because of attendance at hearings or trials -at our request. 5. The sum of $500 if you (including your spouse if a resident of the same household) die within 30 days from bodily injury sustained as a direct result of.collision or upset while riding in your covered auto. If both you and your spouse die, $500 will be paid separately for each. Death must be caused Contains copyrighted material of. Insurance Services Office, Inc., with its permission Copvrioht, Inswance Services Office, Inc., 1990 HOA-3000 T (10/97) Page 2 of 13 . 2TI .I I rJ solely through external, violent and accidental means, Payment will be made to the surviving spouse the next of kin, or the legal representative of either, as the company may elect. ' 6, Otherreasonable expenses incurred at our request. EXCLUSIONS A, We do not provide Liability Coverage for any person: 1 , Who expected or intended to cause boc!ily injury or property damage or whose intentional or criminal acts may have reasonably been expected to result in bodily injury or property damage. 2, For property damage to property owned or being transported by that person. S, For property damage to properly: a, rented to; b, used by; or c, in the care of; that person, This exclusion (A,S,) does not apply to property damage to: a. a residence or private garage; or b, any of the following type vehicles not owned by or furnished or available for the regular use of you or any family member: (1) . private passenger autos; (2) trailers; (S) pickups, vans; or (4) trucks less than 26,000 pounds gross vehicleweight. 4, For bodily injury to an employee of that person during the oourse of employment. This exclu- sion (A4,) does not apply to bodily injury to a domestic employee unless workers' compensation benefits are required or available for that domestic employee, 5, For that person's liability arising out of the ownership or operation of a vehicle while it is being used to carry persons or property for a fee, This exclusion (A.S,) does not apply to a share.the. expense car pool. S, While employed or otherwise engaged in the business of: a, selling; d, storing; or b, repairing; e, parking; c, servicing; vehicles designed for use mainly on public highways, This includes road testing and deliVery. This exclusion (A,6,) does not apply to the ownership, maintenance or use of your covered auto by: a. yo~; b, any family member; or c, any partner, agent or employee of you or any family member. ], For loss to any non-owned auto being maintained or used by any person while employed or otherwise engaged in any business not described in exclusion (A6,). This exclusion (A,],) does not apply to the maintenance or use by you or any family member of a non-owned auto which is a pri- vate passenger auto or trailer. B, Maintaining or using any vehicle while that person is employed or otherwise engaged in any business (other than farming or ranching) not described in Exclusion (AS.) This exclusion (A,B.) does not apply to the maintenance or use of a: a, private passenger auto; b, pickup or van that: (1) you own; or (2) you do not own while used as a temporary substitute for your covered auto which is out of normal use because of its: (a) breakdown; (d) loss; or i :1 ,I " il ,I H i,1 1;1 j ,-I HOA-3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc" with its permission Copyright, Insurance Services Office, Inc" 1990 Page 3 of 13 -~, '".". "" -'-- ,_cOo, (b) repair; ... (e) destruction; or (c) servicing; c. trailer usee! with a vehicle described in a. or b. above. 9. Using a vehicle without.a reasonable belief that that person is entitled to do so. 10. For bodily injury or property damage for which that perscn: a. is an insured under a nuclear energy liability polioy; or b. would be an insured under a nuclear energy !iability policy but for its termination upon ex- haustion of its limit of liability. A nuclear energy liability policy is a policy issued by any olthe following or their successors: a: l-.. American Nuclear Insurers; b. Mutual Atomic Energy Liability Underwriters; or c. Nuclear Insurance Assooiation of Canada. B. We do not provide Liability Coverage for the ownership, maintenance or use of: j. Any motorized vehicle: a. having fewer than four wheels (except for a motorcycle as owned, maintained or used by a covered person); or b. which is designed mainly for use oll public roads. This exclusion (B.1 .) does not apply: While such vehicle is being used by a covered person in a medical emergency; or to any trailer. 2. Any vehicle, other than your covered auto, which is: a. owned by you; or b. furnished or available for your regular use. 3. Any vehicle, other than your covered auto, which is: a. owned by any family member; or b. furnished or available for the regular use of any family member. Howel(er,this exclusion (B.3.)does not.apply to you while you are maintaining or occupying any ve- hicle which is: a: Owned by a family member; or b. furnishedoravallable for the regular use of a family member. C. We do not provide Liability Coverage for: 1. You or any family member for bodily injury to you or any family member, nor for any person using your covered aulo for bodily Injury to any family member of such person. 2. Loss to any non-owned auto due to destruction or confiscation by governmental or civil authori- ties because yOU or~lny fa!1:lily member: a. engaged in illegal activities; or b. failed to comply with Environmental Protection Agency or Department of Transportation standards. LIMIT OF LIABILITY A1. Split Limit If A1. Split limits of liability are shown in the Declarations, the following applies: The limit of liability shown in the Declarations for "each person" for Bodily Injury Liability is our maximum limit of liability for all damages dUE!l.to 9.rarisingout of bodilyinlury sustained by anyone person in any one auto accident. Subject to this limit for "each person" the limit of liability shown .in the Declarations for "each accident" for Bodily Injury Liabilittis our maximum limit of liability for all damages due to or arising out of bodily injury resulting from anyone. auto accident. . The limit of liability shown in the Declarations for "each accident" for Property Damage Liability is our maximum limit of liability for all damages to all prop' erty resulting frcm anyone auto accident. This is the most we will pay regardless of the number of: 1 . Covered persons; 2. Claims made; HOA-3000 T (10/97) Contains. copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Ollice, Inc., 1990 Page 4 of 13 ,~,.,' - l I , I I I I i I I I I I I I , MUA.~M(J \ \IUlb,j ~~fJyLurl~'I' U'I~(l~~IILd ';~IV';J~l:S 6,t~~;,-T;IU.<; ;'L1'':' , 11f:l~~jjJI ,0 . , ~-, 3. Vehioles or premiums shown in the Deolarations; or 4. Vehioles involved in the auto accident. No one will be entitled to receive duplicate payments for the same elements of loss under this cover. age and Part 8 or any uninsured or underinsuredmotorists coverage provided by endorsement to this policy. A2. Single Limit If A2. Single Limits of liability are shown in the Declarations, the following applies: ThE! limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all dam- ages resulting from anyone auto accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Schedule or in the Declarations; or 4. Vehicles involved in the auto accident. We will apply the limit of liability to provide any separate limits required by law for bodily injury and property damage liability. However, this provision will not change our total limit of liability. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part 8 or any uninsured or underinsured motorists coverage provided by endorsement to this policy. ., I :1 f! Ii If an auto accident to which this policy applies occurs in any state or province other than the one in which your covered auto is principally garaged, we will interpret your policy for that accident as follows; If the state or province has: 1. A financial responsibility or similar law specifying limits of liability for bodily injury or property damage higher than the limit shown in the Declarations, your policy will provide the higher specified limit. 2. A compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state or province, your policy will provide at least the required minimum amounts and types of coverage. No one will be entitled to duplicate payments for the same elements of loss. " :i " ,j 11 i:l 1 I! OUT OF STATE COVERAGE FINANCIAL RESPONSIBILITY REQUIRED When this policy is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required. OTHER INSURANCE If there is other applicable liability insurance we will pay only our share of the loss. Our share is the pro. portion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own shall be excess over any other collectible insurance. PART B - MEDICAL PAYMENTS COVERAGE INSURING AGREEMENT We will pay reasonable expenses incurred for necessary medical (including surgical, x-ray and dental services: including prosthetic devices, eyeglasses and pharmaceuticals; including necessary ambulance, hospital and professional nursing services) and funeral services because of bodily injury: 1. Caused by accident; and 2. Sustained by a covered person. We will pay only those expenses incurred for services rendered within 3 years from the date of the acci. dent. "Covered person" as used in this Part means: 1. You or any family member: HOA.3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission CopvriQht, Insurance Services Office, Inc., 1990 Page 5 of 13 ~"' be ,- 0 "i",',c, a. while occupying; or b. asa pedestrian when struck by; a motor vehicle designed for use mainly on publio roads or a trailer of any type. 2. Any other person while occupying your covered auto. EXCLUSiONS We do not provide Medical Payments Coverage for any person for bodily injury: 1. Sustained whilellCCupying any motorized vehicle having fewer than four wheels. 2. Sustained while occupying-your covered auto when it is being used to carry persons or prop- erty for a fee. This exclusion (2.) does not apply to a share-the-expense car pool. 3. Sustained while occupying any vehiole looated for use as a residenoe or premises. 4. Occurring during the course of employment if workers' compensation benefits are required or available for the bodily injury. 5. Sustained while occupying or, when struok by, !lny ve~iole (other than your covered auto) which is: a. owned by you; Of b. furnished or available for your regular use. 6. Sustained while occupying or, when struok by, any vehicle (other than your covered auto) which is: a. owned by any family member; or b. furnished or available for the regular use of any family member. However, this exclusion (6.) does not apply to you. 7. Sustained while occupying a vehicle without a reasonable belief that that person is entitled to do so. . 8. Sustained while occupying a vehicle when it is being used in the business of a covered per- son. This exclusion (8.) does not applyt.o bodily injury sustained while occupying a: a. private passenger auto; b. piokup or van that you own; or c. trailer used with a vehicle described in a. or b. above. 9. Caused by or as a consequence of: a. discharge of a nuclear weapon (even if accidental); b. war (declared or undeclared); c. oivil war; d. insurrection; or e. rebellion or revolution. 10. From or as a consequence of the following, whether controlled or uncontrolled or however 'caused: a. nuclear reaction; b. radiation; or c. radioactive contamination. LIMIT OF LIABILITY The limit of liability shown in the Declarations.for this coverage is our maximum limit of liability for each person injured in anyone accident. This is the most we will pay regardless of the number of: 1 . Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Deolarations; or 4. Vehicles involved in the accident. .. I~ " Contains copyrighted material of Insurance Services Office, Inc., with its permission . ,.~::!....---..~"~~~~_..,-.,.,~'" '~~""'r"""",",';r-<l:'" No one will be entitled to receive duplicate payments forthe 'sElii'"felilments oflClss under this coverage and Part A or any uninsured or underinsured motorists coverage provided by endorsement to this policy. No payment will be made unless the Injured person or that person's legal representative agrees in writing that any payment shall be applied toward. any settlement or judgment that person receives. under Part A or uninsured orunderinsured motorists coverage provided by endorsement to this pclicy. If a passive restraint is in use, Le. if a covered person iswearing..aseatbelt at the time of an accident or occurrence involving bodily injury, it is agreed that the limit of liability shown in the Declarations for this coverage (B-1 or B-2) shall be automatically doubled for such covered person. OTHER INSURANCE COVERAGE B.1. REGULAR (FULL) MEDICAL PAYMENTS. If there is other applicable auto medical.payments insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any in. surance we provide with respect to a vehicle you do not own shall be excess over any other collectible auto insurance providing payments for medical or funeral expenses. COVERAGE B-2. MODIFIED (LIMITED) OR EXCESS MEDICAL PAYMENTS. If there is other applicable insurance for medical or funeral services (including but not limited to other auto Medical Payments insurance; Homeowners Liability insurance for medical exposures; individual,blanket or group accident, disability or hospitalization insurance; medical or surgical reimbursement plan; or Workers' Compensation or disability benefits law), this insurance does not apply except as excess over that other insurance. PART C - UNINSURED MOTORISTS COVERAGE If purchased, refer to respective state Uninsured Motorist Coverage Endorsement. PART D - COVERAGE FOR DAMAGE TO YOUR AUTO INSURING AGREEMENT We will pay for direct and accidental loss to your covered auto, including its equipment, minus any appli. cable deductible shown in the Declarations. We will pay for loss to your covered auto caused by: 1. Other than "collision" only if the Declarations indicate that Other Than Collision Coverage is provided for that auto. 2. "Collision" only if the Declarations indicate that Collision Cover~ge is provided for that auto. If there is a loss to a non-owned auto not otherwise covered under Part A.C. above, we will provide the broadest coverage applicable to any your covered autos shown in the declarations. However, this cov. erage does not apply to any vehicle weighing in excess of 26,000 pounds. "Collision" means the upset, or collision with another object of your covered auto, However, loss caused by the following are not considered "collision": 1. Missiles or falling objects; 6. Hail, water or flood; 2. Fire; 7. Malicious mischief or vandalism; 3. Theft or larceny; 8. Riot or civil commotion; 4. Explosion or earthquake; 9. Contact with bird or animal; or 5. Windstorm; 10. Breakage of glass. If breakage of glass is caused by a collision, you may elect to have it considered a loss caused by colli- sion. With respect to vehicles for which it is shown in the Declarations that Collision Coverage is provided in excess of a deductible amount stated in the Declarations, this deductible amount shall not apply: 1. To loss caused by collision with another auto insured by us including an auto owned by you; or 2. Providing all of the following conditions exists: a. loss to your covered ..uto is greater than the deductible amount; and Contains copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 Page 7 of 13 HOA-3000 T (10/97) ,.1 .. b. the owner or operator of the other auto has been identified; and c. the owner or operator of the other auto is legally liable for the loss to your covered auto; and d. a valid proper:ty damage liability insurance policy is in force at the time of the accident with respect to the person or organization legally responsible for the loss to your covered auto.. Loss to awnings or cabanas is covered subject to a. $50 deductible or the deductible shown in the decla. rations, whichever is greater. TRANSPORTATION EXPENSES In addition, we will pay, without application of a deductible, up to $20 per day, to a maximum of $600, for: 1 . T emp-orary transportation expenses incurred by you in the event of a loss to your covered auto. We will pay for such expenses if the loss is caused by: a. Other than collision only if the Declarations indicate that Other Than Collision Coverage is provided for that auto. b. Collision only if.the Declarations indicate that Collision Coverage is provided for that auto. 2. Loss of use expenses for which you become legally responsible in the event of loss to a non- owned auto. We will pay for the loss of use expenses if the loss is causecj by: a. Other than collision only if the Declarations indicate that Other Than Collision Coverage is provided for any your covered auto. b. Collision only if the Declarations indicate that Collision Collerage is provided for any your covlli'ed autO. . If the loss is caused by a total thellofyour covered auto.or a non-owned auto, we will pay only ex. penses incurred during the period ending when your covered auto or the non-owned auto is re- turned to use or we pay for its loss. If the loss is oaused by other than theft of a your covered al,lto or a non-owned auto, we will pay . only expenses beginning when the auto is withdrawn from use for more than 24 hours. Our payment will be limited to that period of time reasonably required to repair or replace the your covered auto or the non-owned auto. TOWING ANO'LABOR COSTS COVERAGE We will paitowing and labor costs incurred each time your covered auto cr any non-owned auto is di~. abled, up to the amount shown in the Declarations as applicable to that vehicle. If a non-owned auto IS disabled, we will provide the broadest towing and labor costs coverage applicable to any your covered auto shown in the Declarations. We wil) pay only for labor peiformed at the place of disablement. I I I I I I I EXCLUSIONS We will not pay for: 1. Loss to YOl,lr covered auto which occurs while it is used to carry persons or property for a fee. This exclusion (1.) does not apply to a share-the-expense car pool. 2. Damage due and confined to: a. wear and tear; b. freezing; c. mechanic!!1 or electrical breakdown or failure (cther than burning of wiring); or d. road damage to tires. This exclusion (2.) does not apply if the damage results from the totalthell of your covered auto. 3. Loss due to or as a consequence of: a. radioactive contamination; b. discharge of any nuclear weapOn (even if accidental); c. war (declared or undeclared); d. civil war; Contains copyrighted material of Insurance SeNices Office, inc., with il~ e,ermission , ...... __ i"'\ '__ 1....... ~ oon PaO!L S af"lS ~- 1 ," I" , -[---i't" .'".-" Copyright, Insurance Services Office, Inc., 1990 , -,-,-- --"_c"".,_-'. Page 8 of 13 " HOA-3DDD T (1 D/97) e, insurrection; or f. rebellion or revolution. 4. Loss by THEFTlo: a. Scanning monitor receivers; b. Personal compufers; or c. Devices for the detection of Police speed monitoring instruments. Coverage for loss by theft is limited to $500 for all other items of electronic equipment that are not permanently installed in your covered auto. Coverage applies only to items specifically de- signed for use in an automobile. This coverage is excess over any other valid and collectible in. surance. 5. Loss to tapes, records, discs or other media for use with equipment designed for the reprod. uction of sound. 6. Loss to a camper body or trailer not shown in the Declarations. This exclusiol1 (6.) does not apply to a camper body or trailer you: a. acquire during the policy period; and b. ask us to insure within 30 days after you become the owner. 7 -A. Loss to any exterior custom furnishings or equipment, except a non permanently attached camper body or cover valued at $500 or less, in or upon any pickup or van. Exterior custom fur- nishings or equipment include but are not iimited to custom murals, paintings, or other decals or graphics. 7-8. Loss to any interior custom furnishings or equipment with an accumulated value in excess of $500 in or upon any pick-up or van. Interior custom furnishings or equipment inclllde but are not Iim- itedto: a. special carpeting and insulation, furniture, bars or television receivers; b. facilities for cooking and sleeping; c. height-extending roofs. 8. Loss to your covered auto due to destruction or confiscation by governmental or civil authorities because you or any family member: a. engaged in illegal activities; or b. failed to comply with Environmental Protection Agency or Department of Transportation standards. This exclusion (8.) does not apply to the interests of Loss Payees in your covered auto. LIMIT OF LIABILITY Our limit of liability for loss will be the lesser of the: 1. Actual cash value of the stolen or damaged property; 2. Amount necessary to repair or replace the property; or 3. Stated amount shown in the Declarations. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. Our payment for loss. will be reduced by any applicable deductible shown in the Declarations. PAYMENT OF LOSS We may pay for loss in money or repair or replace the damaged or stolen property. We may, at our ex- pense, return any stolen property to: . 1. You; or 2. The address shown in this policy. If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the property at an agreed or appraised value. If we pay for loss in money, our payment will include the applicable sales tax for the damaged or stolen property. HOA.3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 Page 9 of 13 ~, ~ ,< ,",."; , .'~' , .<-,,,,,=,~,,,,-j,,, -, . ~-..;"';~ NO BENEFIT TO BAILEE This insurance shall not direotly or indireotly benefit any. oarrier or other bailee for hire. OTHER SOURCES OF RECOVERY If other sources of recovery also cover the loss we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all sources of reoovery. APPRAISAL If we and you do not agreeort the amount of foss, either may demand an appraisal of the lOss. In this event, eaoh party will seleot a oompetent appraiser. The two appraisers will select an umpire. The ap- praisers win 'state separately the aotual oash value and the amount of loss. If they fail to agree, they will submit their differenoe~ to the umpire. A decision agreed to by any two will be binding. Eaoh party will: 1 . Pay its ohosen appraiser; and 2. Bear the expenses ofthe appraisal and umpire equally. We do not waive any .ofo.urrights under this polioy by agreeing to an appraisal. PART E- DUTIES AFTER, AN ACCIDENT OR LOSS GENERAL DUTIES We have.no duty to provideooverage under this polioy unless there has been full complianoe with the fol- lowing duties: We must be notified promptly of how, when and where the aooident or loss happened. Notioe should also inolude the names and adc;iresses of any iniurec;i persons .anc;i of any witnesses. A person seeking any ooveragemust: 1. CooperaJe wjth~,sjn.t"einves\igiltjon, seltlementor defanse of any claim or suil. 2. promptly send us oopies of any notices or legal papers received in oonneotion with the acoident or loss. . 3. Submit, as often as.we re~sonably require a: to physical 'exams by physioians we select. We will pay for these exams. b. to examination under o.ath and .subsoribe the same. 4. Authorizeustoobtain: a. medioal reports; and b. other pertinent reoords; 5; Submits proof 01 loss when required by us. ADDITIONAL DUTIE.S FOR COVERAGE FOR DAMAGE TO YOUR AUTO A person seeking Coverage for Damage to Your Auto must also: 1. Take reasonable steps afti\>r lo~s to proteot your c:overed auto and its equipment from further loss. We will pay reasonable expenses inourred to do this. . 2. Promptly notify the police if your covered auto is stolen. . 3. Permit us to inspeot and appraise the damaged property before its repair or disposal.; PARTF - GeNERA.l PROVISIONS BANKRUPTCY Bankruptoy or insolvenoy of the covered person shall not relieve us of any obligations under this policy. Contains oopyrighted material of Insuranoe ServioE!s OffiCE!, Inc., With its permission . __0' I ->inn'" Pan.. 1/1 nf 13 HOA-3000 T (10/97) Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 ~Ill~:' Page 10 of 13 CHANGES A. This policy contains all the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustment, we will adjust the pre. mium as of the effective date of change. B. If there is a change to the information used to develop the policy premium, we may adjust your premium. Changes during the policy term that may result in a premium increase or decrease include, but are not limited to, changes in: 1. The number, type or use classification of insured vehicles; 2. Operators using insured vehicles, newly licensed drivers in the household, any drivers added to your household; 3. The place of principal garaging of insured vehicles; 4. Coverage, deductible or limits. If a change resulting from A. or B. requires a premium adjustment, we will make the premium adjustment in accordance with our manual rules. C. If, within 45 days prior to the beginning of this policy or during the policy period, we make any changes to any 'forms or endorsements of this policy for which there is currently no separate premium charge, and that change provides more coverage than this policy, the change will be ccnsidered as included until the end of the current policy pericd. We will make no additional premium charge for this additional coverage during the interim. LEGAL ACTION AGAINST US No legal action may be brought against us until there has been full compliance with all the terms of this policy. In addition, under Part A, no legal action may be brought against us until: 1. We agree in writing that the covered person has an obligation to pay; or 2. The amount of that obligation has been finally determined by judgment after trial. No person or organization has any right under this policy to bring us into any action to determine the Ii. ability of a covered person. OUR RIGHT TO RECOVER PAYMENT A. If we make a payment under this polioy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: 1. Whatever is necessary to enable us to exercise our rights; and 2. Nothing after loss to prejudice them, However, our rights in this paragraph (A.) do not apply under Part D, against any person using your cov. ered auto with a reasonable belief that that person is entitled to do so. B. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: 1 . Hold in trust for us the proceeds of the recovery; and 2. Reimburse us to the extent of our payment. POLICY PERIOD AND TERRITORY This policy applies only to accidents and losses which occur: 1. During the policy period as shown in the Declarations; and 2. Within the policy territory. The policy territory is: 1. The United States of America, its territories or possessions; 2. Puerto Rioo; or HOA.3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 Page 11 of 13 - ~ ~",-.., " 3. Canada. This policy also applies to loss to, or accidents involving, your covered auto while being transported be. tween their ports. TERMINATION Cancellation. This policy may be cancelled during the policy period as follows: 1. The named insured shown in the Declarations may cancel by: a. returning this policy to us; or b. giving us advance written notice of the date cancellation is to take effect. 2. We may cancel by mailing to the named insured shown in the Declarations at the address shown in this policy: a. at least 1 0 days notice: (1) if cancellation is for nonpayment of premium; or (2) if notice is mailed during the first 60 days this policy is in effect and this is not a renewal or continuation policy; or . b. at least 20 days. notice in all other cases. 3. Aller this policy is in effect for 60 days, or i!this is a renewal or continuation policy,we will cancel only: a. for nonpayment of premium; or b. if your driver's license or tliat of: (1) any driver who lives with you; or (2) any driver who customarily uses your covered auto; has been suspended or revoked. This must have occurred: (1) during the policy pericd; or (2) since the last anniversary of the original effective date if the policy period is other than 1 year. c. if the policy was obtained through material misrepresentation. Nonrenewai.lf we decide not to renew or continue this policy, we will mail notice to the named insured shown in the Declarations at the address shown in this policy. Notice will be mailed at least 30 days be. fore the end of the policy period. If the policy period is other than 1 year, we will have the right not to renew or continue thepolioy at the end of the current policy term. Automatic Termination. If we offer to renew or continue and you or your representative do not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If you obtain other insurance on your covered auto, any similar insurance provided by this policy will ter. minate as to that auto on the effective date of the other insurance. Other Termination Provisions. 1. If the law in effect in your state at the time this policy is issued, renewed or continued: a. requires a loriger notice period; b. requires a special form of or procedure for giving notice; or c. modifies any of the stated termination reasons; we will comply with those requirements. 2. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. 3. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. The premium refund, if any, will be computed acoording to our manuals. However, making or offering to make the refund is not a condttion of cancellation. 4. The effeotive date of oancellation stated in the notice shall become the end of the policy period. HOA.3000 T (10/97) Contains oopyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insu.rance Services Office, Inc., 1990 Page 12 of 13 __AO____ __~g_ ___....._u._.. __. __oa ~~ " ~ Y~~~,c~~"8HIC~: ~~C., ~jth"jt~---;~~~is~I~~ Copyright, Insu.rance Services Office, Inc., 1990 ~ 1 _t" ",,-, >' -.-, "". ~ ,'." ,,,,',,~ ' HOA.3000 T (10/91) Page 12 of 13 , " ,: l,~ i'- ., TRANSFER OF YOUR INTEREST IN THIS POLICY :' i,~i Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown in the Declarations dies, coverage will be provided for: 1. The surviving spouse if resident in the same household at the time of death. Coverage applies to the spouse as if a namEld insured shown in the Declarations; .or . 2. The legal representative of the deceased person as if a named insured shown in the Declara- tions. This applies only with respect to the representative's legal responsibility to maintain or use your covered auto. Coverage will only be provided until the end of the policy period. :\ 11 , r, ;' ~i TWO OR MORE AUTO POLICIES If this policy and any other auto insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under anyone policy. [~ !'\ :1 i~ a RACING EXCLUSION This policy will provide no coverage lor any injury or damage which arises out of the ownership, mainte- nance or use 01 a vehicle while that vehicle is being used: 1. in any prearranged or organized racing, speed or demolition contest; or 2. in practice or preparation for any such contest. ,. f~ b FRAUD We do not provide coverage for any covered person who has made fraudulent statements or engaged in Iraudulent conduct in oonnection with any accident or loss for which coverage is sought under this policy. t; I" I; I; 1" I CHOICE OF LAW It is understood and agreed that this policy and all 01 its terms shall be construed and interpreted in con. formity with the laws 01 the state in which it is issued. HOA.3000 T (10/91) Contains copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1990 Page 13 of 13 . , , "- ' ~, .' ,: .,';;; . AMENDMENT OF POLICY PROVISIONS. PENNSYLVANIA " DEFINmONS The Definitions Section is amended as follows: Definition .your covered auto" is replaced by the following: "Your covered auto" means:. 1. Any vehicle shown in the Declarations. 2. Any of the following types of vehicles on the date you become the owner: a. A private passenger auto; or b. A pickup or van that: (I) Has a Gross Vehicle Weight not exceeding 9,000 lbs.; and Oil Is not principally used in any business other. than farming or ranching. This Provision (2.) applies only if: a. You acquire the vehicle during the policy period; b. You ask us to insure tt within 30 days after you become the owner; and c. With respect to a pickup or van, no other insurance policy provides coverage for that vehicle. 11 th~ v~hicle you acquire replaces one. shown in the Declarations it "!IiU have the same. coverage as the vehicle It replaced. You must ask us to Insure a replacement vehde within 30 days only If you wish to add or continue Coverage for Damage to Your Auto. If the vehicle you acquire is in addition to any shown in the Declarations, it will have the broadest cOllerage we now provide for any vehicle shown in the Declarations. 3. Any trailer you own. 4. Any auto or trailer you do not own while used as a temporary substitute for any other vehicle described in this definition whicli is out of normal use because of its: . a. Breakdown; be Repair; c. . Servicing; d. Loss; or e. Destruction. This Provision (4.) does hot apply to Coverage for Damage to Your Auto. The following are added to the Definitions Section: "Noneconomic loss" means pain and suffering and other nonmonetary detriment. "Serious injury" means an injury resulting in death, serious impairment of body function or permanent serious disfigurement. PART A. LIABILITY COVERAGE Part A is amended as follows: Insuring Agreement is replaced by: INSURING AGREEMENT We will pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an auto accident. We wilr settle or defend, as we consider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liabiltty for this coverage has been exhausted. We have no duty to defend any suit or settle any claim for bodily injury or property damage not covered under this policy. "Covered person" as used.in this Part means: CPA-1094 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission. , Copyright, Insurance Services Office, Inc., 1 996 Page 1 of 4 . 1. You or any familr member for the ownership, maintenance or use of any auto (including a motomome, truck, motorcyole or trailer. 2. Any person using your covered auto. 3. Fo~ yqur covered auto, any person or organization, but only with respeot to legal responsibility for acts or omissions of a person for whom coverage IS afforded under this part. 4. For any auto (including a motorhome, truck or motorcycie) or trailer, other than your covered auto, any person or organization but only with respect to legal responsibility for acts or omissions of you or any family member for whom coverage is afforded under this Part. This Provision (4.) applies only If the per- son or organization does not own or hire the auto or trailer. Unde~ form HOA-3000T, Item 5. of the Supplementary Payments provision is deleted and replaced by the following: . 5. f'rejudgm~nt interest awarded against the covered person on the part. of the judgment w~ Ray. Any fJ~e: Judgment Interest awarded against the Insured IS subject to the applicable Pennsylvania Rules of CIVil Procedure. Part C. of Exclusions is deleted and replaced by the following: C. We do not provide Liability Coverage for: 1. Loss to any non-owned auto due to destruction or confiscation by governmental or civil authorities because you or any family member: a. Engaged in illegal aotivities; or b. Failed to comply with Environmental Protection Agency or Department of Transportation stand- ards. PART E - DUTIES AFTER AN ACCIDENT OR LOSS Part E is replaced by the following: DUTIES AFTER AN ACCIDENT OR LOSS If an accident or loss oocurs, the following must be done for the terms of the policy to apply: A. We must be notified promptly of how, when and where the accident or loss happened. Notice should also Include the names and addresses of any injured persons and of any vyltnesses. B. A person seeking any coverage must: 1. Cooperate with us in the investigation, settlement or defense of any claim or suit. 2. Promptly send us copies of any notices or legal papers received in connection with the accident or loss. ...... . 3. Submit, as often as we reasonably require: a. To physical exams by physicians we select. .we will pay for these exams. b. To examination under oath and subscribe the same. 4. Authorize us to obtain: a. Medical reports; and b. Other pertinent records. 5. Submit proof of loss when required by us. C. A person seeking Uninsured Motorists Coverage must also: 1. Promptly notify the policy if a hit-and-run driver is Involved. 2. Promptly send us copies of the legal papers if a suit is brought. D. A person seeking Coverage fo.r Damage to Your Auto must also: 1. Take reasonable steps after loss to protect your covered auto or any non-owned auto and their equipment from further loss. We Will pay reasonable expenses Incurred to do thiS. 2. Promptly notify the police if your covered auto or any non-owned auto is stolen. 3. Permit us to inspect and appraise the damaged property before its repair or disposal. ., PART F - GENERAL PROVISIONS .......,. ." . Contains copyrighted material of Insuranoe Servioes Office, Inc., with its permission. Copyright, Insutance Services Office, Inc., 1996 CPA-l094 PA (7/97) Page 2 of 4 ",.."..,.,.lI!iiIU<l","i!lI~D, ,'~,", ,r ,_""~~_"'~~I "T.',,"1,!Wij~~~~~nmr:J,l , ~~~~~iEllq!lil"~iJl~?~E$R~~i!!!!W'~~"',,"~m\lJ'r,l~"\ilIIl~!IfIMM~Ifil~!flljf];i -~-~ I..u~ ..- -~ ~ -, ~ ", ;, f., Part F is amended as follows: Paragraph B. of the Our Right to Recover Payment provision is replaced by the following: B. If we make' a payment under this policy, and the person to or for whom payment is made recovers dam- ages from another, that person shall: 1. Hoid in trust for us the proceeds of the recovery; and 2. Reimburse us to the extent of our payment less reasonable attorneys' fees costs and expenses in- . curred by that person in collecting our share of the recovery, . ' The Termination Provision is replaced by the following: TERMINATION 1 . Cancellation This policy may be cancelled during the policy period as follows: a. The named insured shown on the Declarations may cancel by: (1) Returning this policy to \Is; or (2) Giving us advance written notice of the date cancellation is to take effect. b. We may cancel by mailing to the named insured shown in the Declarations at the address shown in this policy: (1) At least 15 days notice of cancellation: (a) If notice is effective within the first 60 days this policy is in effect and this is not a renewal or continuation policy; (b) For nonpayment of premium; (c) If the driver's license of the named insured shown in the Declarations has been suspended or revoked after the effective date if this policy has been in effect less than one yeari or if the .if. policy has been in effect longer than one year, since the last anniversary of the onginal ef- ." fective date; or . ~ ';;;. (2) At least 60 days notice if the policy was obtained through material misrepresentation. "pur right to cancel this policy is subject to limitations contained in the applicable Pennsylvania Statutes. 2, Nonrenewal If we decide not to renew or continue this policy, we will mail to the named insured shown in the Declara- tions at the address shown in this policy: a. At least 15 days notice before the end of the policy period: (1) For nonpayment of premium; or (2) If the driver's license of the named insured shown in the Declarations has been suspended or revoked after the effective date if this policy has been in effect less than one year; or if the policy has been in effect longer than one year, since the last anniversary of the original effective date. b, At least 60 days notice before the end of the policy period in all other cases.. However, our right to non renew this policy is subject to the limitations contained in the applicable Pennsylvania Statutes. . 3, Automatic Termination If we offer to renew or continue and you or your representative do not accept, this poiicy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation pre- mium when due shall mean that you have not accepted our offer, If you obtain other insurance on your covered auto, any similar insurance provided by this policy will ter- minate as to that auto on the effective date of the other insurance. 4, Other Termination Provisions a, We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. . CPA.1094 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc" with its permission, Copyright, Insurance Services Office, Inc., 1996 Page 3 of 4 ~j!Wi!iIlii;~~iIiIlliillill';Iili-_~~]~.'1iI~!IWlii~li!~~~~"'~1 .-,,';'., l'"",,";w~~r.l..'"" ,- ~.'" ,1IIIiII&lf.....," b. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refur\d. The premium refund, if any, will be computed aocording to our manuals. However, making or offering to make the refund is not a condition of cancellation. c. The effective date of cancellation stated in the notice shall become the end of the polioy period. The following provision is added: CONSTITUTIONALITY CLAUSE The premium for, and the ooverages of ..this policy have been established In reliance upon the. provisions of the Pennsylvania Motor Vehicle Financial Hesponsibility Law. In the event a court, from which there is no appeal, declares or enters a judgment the effeot of whioh is to render the provisions of such statute invalid or unenforceable in whole or in part, we will have the right to reoompute the premium payable for the policy and void or amend the provisions of the policy, subject to the approval of the Insurance Commissioner. JOINT OWNERSHIP COVERAGE ENDORSEMENT If Joint Ownership Coverage Endorsement is attached to this policy, the provisions of the Joint Ownership Coverage Endorsement apply except as follows: Paragraphs A. and B.2.b. of the Definitions Section are replaced by the following: A. For the purpose of the coverage provided by this endorsement, you and your refer to two or more: 1. Individuals, other than ~usband and wife, residing in the same household; or 2. Non-resident relatives; who jointly own: 1. A private passenger auto; or 2. A pickup or van that: a. Has a G.ross Vehicle Weight not exceeding 9,000 Ibs.; and b. Is not principally used in any business other than farming or ranching. B. Your covered auto means: 2. Any of the following types of vehicles on the date you become the owner: b. A pickup or van that: (1) Has a Gross Vehicle Weight not exceeding 9,000 Ibs.; and (2) Is not principally used in any business other than farming or ranching. MiSCELLANEOUS TYPE VEHICLE ENDORSEMENT If the Miscellaneous Type Vehicle Endorsement is attached to this policy the provisions of the Miscellaneous Type Vehicle Endorsement apply except as follows: . ' Paragraph B.2.b. of the Definitions Section is replaced by the following: B. Your covered auto means: 2. Any of the following types of vehicles on the date you become the owner: b. A pickup or van that: (1) Has a Gross Vehicle Weight not exceeding 9,000 Ibs.; and (2) Is not principally used in any business other than farming or ranching. CPA-1094 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1996 Page 4 of 4 -<,.". - ~ . ,~ ~ , ';".' -'~i . . 'I ~ / COLLISION COVERAGE DEDUCTIBLE OPTION SELECTION FORM In aocordanoe with Pennsylvania Insurance Law, every private passenger auto insurance policy providing Collision ooverage and rated in accordance with this manual, including Motor Homes, Classic Autos or Antique Autos, shall provide a $500 oollision deduotible. Choosing a deductible lower than $500 will increase the oost of your insurance. Lower or higher deductibles may be seleoted, and are indioated below. >/ I aooept the $500 oollision deductible I reject the $500 collision deductible and select the following deductible amounts: v P =([) Signature of First Named Insured J-IRfI [/8' fOL,?;':) Polioy Number ~ I /99 Date J raW F~ I ,<;ont~ I i I i R~~ I I FEf3 1 2 1999 '.', ,',"\.... ;';"> ','" PERSONAL UN~ AP 441 PA 07 97 -, -.~ " . = . ~~ . -~ "'"""~i I ; ! UNDERINSURED MOTORISTS COVERAGE. PENNSYLVANIA (STACKED) SINGLE LIMIT With respeot to the ooverage provided by this endorsement, the provisions of the policy apply unless modified by the endorsement. SCHEDULE UNDERINSURED MOTORISTS COVERAGE Description Limit /-' /- of of Vehicle Liability Premium $ $ $ $ $ ." $ INSURING AGREEMENT A. We will pay compensatory damages which a covered person is legally entitled to recover from the owner or operator of an underfnsured motor vehicle because cf bodily injury: 1. Sustained by a covered person; and 2., Caused by an accident. The cwner's or operator's liability for these damages must arise out of the ownership, maintenanoe or use of the underinsured motor vehicle. We.will~ay under this coverage only if 1 . or 2.. below applies: 1 . Th~imits of liability under any applicable bodily injury liability bonds or policies have been exhausted by payment of judgments or settlements; or 2.. A tentative settlement has been made between a covered person and the insurer of the underinsured motor vehicle and we: a. Have been given prompt written notice of such tentative settlement; and b. Advance payment to the covered person in an amount equal to the tentative settlement within 30 days after receipt of notification. No judgment for damages arising out of a suit brought against the owner or operator of an underinsured motor vehicle is binding Qn us unless we: 1. Received reasonable notice of the pendency of the suit resulting in the judgment; and 2.. Had a reasonable opportunity to protect our interests in lhe suit. B. "Covered person" as used in this endorsement means: 1. You or any family member. 2.. Any other person ocoupying your covered auto. 3. Any person for damages that person is entitled to recover beoause of bodily injury to whioh this coverage applies sustained by a person described in 1. or 2. above. C. "Underinsured motor vehicle" means a land motor vehicle or trailer of any type to which a bodily injury liability bond or polioy applies at the time of the aooident but the amount paid for bodily injury under that bond or policy to a oovered person is nol enough to pay the full amount the covered person is legally entitled to recover as damages. However, underinsured motor vehicle does not inolude any vehiole or equipment: Contains copyrighted material of Insurance Servioes Office, Inc., with its permission. CPA-1344 PA (7/97) Copyright, Insurance Services Offioe, Ino., 1994 , , i I I 'I I Page 1 of 4 , -~ - ',- ~ ~--,- -,.~-' "'= ..-c; :-',-, I I I I I I 1 . For whi~h liability ooverage ,is provided under Part A of this policy. 2. Owned by any governmental unit or agency. 3. Operated on rail or crawler treads. 4. Designed mainly for use off public roads while not on public roads. 5. While located for use as a residence or premises. EXCLUSIONS A We do not provide Underinsured Motorists Coverage for bodily Injury sustained: 1. By you while occupying, or when struok by, any motor vehicle you own which is not insured for this coverage under this policy. This includes a trailer of any type used with that vehicle. 2. By a family member: a. Who owns an auto, while occupying, or when struck by, any motor vehicle owned by you or any family member, which is not insured for this coverage under this policy. This includes a trailer of any type used with that vehicle. b. Who does not own an auto, while occupying, or when struck by, any motor vehicle you cwn which is insured (or this coverage on a primary basis under any other policy. B. We do not provide Underinsured Motorists Coverage for bodily Injury sustained by any covered person: 1. While occupying your covered aulo when it is being used as a public or livery conveyance. This Exclusion (B.1.) does nol apply to a share.the-expense car pool. 2, Using a vehicle without a reasonable belief that that covered person is entitled to do so. C. We do not provide Underinsured Motorists Coverage for noneconomic loss sustained by any covered persgnlo whom the limited tort alternative applies, resulting from covered person caused by an accident involving an underinsured molor vehicle, unless the bodily Injury sustained is a serious injury. This Exclusion (C.) does not apply: 1. If the owner or operator of the underlnsured molor vehicle: a. Is convicted, or accepts Accelerated Rehabilitative. Disposition, for driving under the influence of alcohol or a controlled substance in that accident; b. Is operating a motor vehicle registered in another state; or c. Intends to injure himself or another person, provided that the individual does not intentionally in. jure himself or another person merely because his act or failure to act is intentional or done with his realization that is creates a grave risk of causing injury if the act or omission causing the injury is for the purpose of averting bodily harm to himself or another person. 2. If that covered person is injured while occupying a motor vehicle insured under a commercial motor vehicle insurance policy. D. This coverage shall not apply directly or indirectly to benefit any insurer or self.insurer under any of the following or similar law: 1 . Workers' compensation law; or 2. Disability benefits law. E. We do not provide Underinsured Motorists Coverage for punitive or exemplary damages. CPA.1344 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1994 Page 2 of 4 ~ . ~ <. - ~, .. --mj':] LIMIT OF LIABILITY A. Exoept as provided in Paragraph B., the limit of liability shown in the Sohedule or in the Deolarations for Underinsured Motorists Coverage is our maximum limit of liability for all damages resulting from anyone aooident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehioles or premiums shown in the Sohedule or in the Deolarations; or 4. Vehioles involved in the accident. B. If bodily injury is sustained in an aocident by you or any family member, our maximum limit of liability for all damages in any such acoident is the sum of the limits of liability for Underinsured Motorists Coverage shown in the Sohedule or in the Deolarations applioable to each vehicle. Subject to this maximum limit of liability for all damages, the most we will pay fOr bodily injury sustained by a covered person other than you or any family me.mber is the limit of liability shown in the Schedule orin the Deolarations applicable to the vehicle the insured was oocupying at the time of the accident. This is the most we will pay reo gardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Schedule or in the Declarations; or 4. Vehicles involved in the accident. C. The limit of liability shall be reduced by all sums paid because of the bodily injury by or on behalf of per- sons. or organizations who may be legally responsible. This includes all sums paid for a oovered per. son's attorney either directly or as part of the amount paid to the covered person. It also includes all sums paid under Part A of this policy. D. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A, Part B or Part C of this policy. E. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible. " F. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any of the following or similar law: 1. Workers' compensation law; or 2. Disability benefits law. OTHER INSURANCE If there is other applicable similar insurance available under more than one policy or provision of coverage: The following priorities of recovery apply: First The Underinsured Motorists Coverage applicable to the vehicle the oovered person was oooupying at the time of the accident. Second The policy affording Underinsured Motorists Coverage to the oovered person as a named insured or family member. If two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay the claim as if wholly responsible for all insurers with equal priority. The insurer is thereafter entitled to reo cover contribution pro rata from any other insurer for the benefits paid and the costs of processing the claim. If we are the insurer against whom the claim is first made, we will pay, subject to the limit of liability shown in the Schedule or in the Declarations for Underinsured Motorists Coverage, after we and all other. contributing insurers agree: 1. Whether the covered person is legally entitled to recover damages from the owner or operator of an underinsured motor vehicle; and 2. As to the amount of damages. CPA.1344 PA (7/97) Contains oopyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1994 Page 3 of 4 I" ,_,i ,; - ,";" ',. ~ ~_ ,:r~'_."'. ~" , lili:..':, ARBITRATION A If we and a covered person do not agree: 1. Whether that covered person is iegally entitled to recover damages; or 2. As to the amount of damages which are recoverable by that covered person; From the owner or operator of an underinsured motor vehicle then the matter may be arbitrated. Either party may make a written demand for arbitration. Arbitration shall be conducted in accordance with the provisions of the Pennsylvania Uniform Arbitration Act. Each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. B. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise, arbitration will take place in the county in which the covered person lives. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. ADDITIONAL DUTIES A person seeking Underinsured Motorists Coverage must also promptly: 1 . Send us copies of the legal papers if a suit is brought; and 2. Notify us in writing of a tentative settlement between the covered person and the insurer of the underinsured motor vehicle and allow us 30 days to advance payment to that covered person in an amount equal to the tentative settlement to preserve our rights against the insurer, owner or operator of such underinsured motor vehicle. PART F . GENERAL PROVISIONS Part F is amended as follows: A. The following is added to Our Right to Recover Payment provision: OUR RIGHT TO RECOVER PAYMENT Our rights do not apply under Paragraph A with respect to Underinsured Motorists Coverage if we: 1 . Have been given prompt written notice of a tentative settlement between a covered person and the insurer of an underinsured motor vehicle; and 2. Fail to advance payment to the covered person in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the covered person in an amount equal to the tentative settlement within 30 days after receipt of notification: 1. That payment will be separate from any amount the covered person is entitled to recover under the provisions of Underinsured Motorists Coverage; and 2. We also have a right to recover the advanced payment. B. The following is added to the Two or More Auto Policies provision: TWO OR MORE AUTO POLICIES 1 . This provision does not apply to Underinsured Motorists Coverage. 2. No one will be entitled to receive duplicate payments for the same elements of loss under Underinsured Motorists Coverage. This endorsement must be attached to the Change Endorsement when issued after the policy is written. CPA-1344 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission, Copyright, Insurance Services Office, Inc., 1994 Page 4 of 4 .--=- i ,I , ~ ,,~~ '-"'-' , - ~".,; . . ~ ~ / COLLISION COVERAGE DEDUCTIBLE OPTION SELECTION FORM , In aooordanoe with Pennsylvania Insurance Law, eve~ private passenger auto insurance polioy providing Collision coverage and rated in accordance with this manu ai, including Motor Homes, Classic Autos or Antique Autos, shall provide a $500 collision deductible. Choosing a deductible lower than $500 will increase the cost of your insurance. Lower or higher deduct/bles may be selected, and are indicated below. V I accept the $500 collision deductible I reject the $500 collision deductible and select the following deductible amounts: v 0 =ff:) Signature of First Named Insured i-Mn gg 'Olo?;~ Policy Number .21/99 Date J 11m) r-m,; J ,<Nl{)p r -0 Agent RECEIVED FES 1 2 1999 ,,-,',0; ."._ '" PERSONAL lH\'I':'S AP 441 PA 07 97 1"[ 1"~ _' ""~~'h,,_ _1___.',,_, _,., FIRST PARTY BENEFITS COVERAGE - PENNSYLVANIA With respect to coverage provided by this endorsement, the provisions of the policy apply unless modified by the endorsement. ~ SCHEDULE BASIC FIRST PARTY BENEFIT Benefit Limit of Liability Medical Expenses $5,000 If indicated below or in the Declarations, the following options apply instead of the Basic First Party Benefit: o Added First Party Benefits Benefits Medical Expenses Work Loss Limit of Liability Funeral Expenses Accidental Death o Combination First Party Benefits Benefits Medical Expenses Work Loss Funeral Expenses Accidental Death Maximum Limit of Liability for the Total of All Combination First Party Benefits Note If Added First Party Benefits or Combination First Party Benefits are not shown as applicable in the Sohedule or Declarations, only the Basio First Party Benefit applies. $ $ $ $ subject to a maximum of $ _ per month Limit of Liability No specific dollar amount No specific dollar amount $2,500 $ $ I. Definitions The Definitions section is amended as follows: A. "The Aot" refers to the Pennsylvania Motor Vehicle Financial Responsibility Law. B. The following definitions are replaced. f. ~. --"Bodily iniury"l11eans~coidental~~bodilyharmto a:~"erson.andthat-person'srE!sulting illness, disease or death. 2. "Your covered al.\to" means a motor vehicle: a. To which Part A of this policy applies and for which a specifio premium is charged; and b. For which First Party Benefits Coverage required by the Act is maintained. C. The following definition is added: "Motor vehicle" means a self-propelled vehicle operated or designed for use upon publio roads. However, motor vehiole does not include a vehicle operated: 1 . By muscular power; or 2. On rails or tracks. D. "Covered person" as used in this endorsement means: Contains copyrighted material of Insurance Services Office, Ino., with its permission. CPA-1339 PA (7/97) Copyright, Insurance Services Office, Inc., 1993 Page 1 of 5 1iti~1!$1ii;ffiI!l.:U:~~->J:J"WII~CllIMjjil.lii;I~~lliI!MilJ~lIlit'illi!!>lI\lllli:Ilii<_""'!JJi~'~- _.....""..~ '"""'- ~"~ ...~_.,-~~- '^ ~"' ,-, ~ ,'I 1. YDU Dr any family member. 2. Any Dther persDn while: a. Occupying your covered auto; Dr b. NDt occupying a motor vehicle if injured as a result Df an aooident in Pennsylvania invDlv- ing your covered auto. If your covered auto is parked and unocoupied it is not a motor vehicle invDlved in an ao- oident unless it is parked in a manner whioh oreates an unreasonable risk of injury. II. First Party Benefits Coverage INSURING AGREEMENT A. Basic First Party Benefit We will pay, in aooordanoe with the Act, the Basic First Party Benefit to or for a covered person who sustains bodily injury. The bodily injury must be oaused by an aooident arising out of the malnte- nanoe or use of a motor vehicle. Subjeot to the limit shown in the Sohedule or Deolarations, the Basio First Party Benefit oonsists of: Medioal expenses. Reasonable and neoessary medioal expenses inourred for a covered person's: 1. Care; 2. Reoovery; or 3. Rehabilitation. This inoludes remedial oare and treatment rendered in aooordanoe with a reoognized religious method of healing. Medioal expenses will be paid if inourred within 18 months from the date of the acoident causing bodily injury, However, if within 18 months from the date of the aooident, it oan be determined with reasonable medioal probability that additional expenses may be incurred after this period, the 18 mr,ntn time limit will not apply to the paymer: of the additional medical expenses. B. Added First Party Benefits If the Schedule or Declarations indicates that Added First Party Benefits apply, we will pay Added First Party Benefits instead of the Basic First Party Benefit to or for a covered person who sustains bodily injury. The bodily injury must be oaused by an aocident arising out of the maintenance or use of a motor vehicle. These benefits are subject to the provisions of the Aot. Subject to the limits shown in the Schedule or Declarations, Added First Party Benefits oonsist of the following: 1 . Medical expenses as described in the Basio First Party Benefit. 2. Work loss. a. Loss of inoome. Up to 80% of gross inoome actually lost by a covered personasa result of the acoident. b. Reasonable expenses actually inourred to reduce loss of inoome by hiring: (1) Speoial help, thereby enabling a covered person to work; or (2) A substitute to perform the work a self-employed covered person would have per. formed. However, work loss does not inolude: a. Loss of expeoted inoome or expenses inourred for services performed after the death of a covered person; or b. Any loss of inoome, or expenses inourred for servioes performed, during the first 5 working days the covered person did not work due to bodily injury. 3. Funeral expenses Contains oopyrighted material of Insuranoe Servioes Office, Ino., with its permission. CPA-1339 PA (7/97) Copyright, Insurance Services Offioe, Ino., 1993 Page 2 of 5 ~" , , .", -~,~"- ~ ~ - ,-- =~ -~, -,-~ "- ,',' '~, .~"--' " -';' Funeral or burial expenses actually incurred if bodily injury causes a covered person's death within 24 months from the date of the accident. 4. Accidental death A death benefit paid if bodily injury causes the death of you or any family member within 24 months from the date of the accident. We will pay accidental death to the executor or administrator of the deceased covered person's estate. If there is no executor or administrator, the benefit shall be paid to: a. The deceased covered person's surviving spouse; or b. If there is no surviving spouse, the deceased covered person's surviving children; or c. If there is no surviving spouse cr children, to the deceased covered person's estate. C. Combination First Party Benefits If the Schedule or Declarations indicates that Combination First Party Benefit!. apply, we will pay Ccmbination First Party Benefits instead of the Basic First Party Benefit to or for a covered person who sustains bodily injury. The bodily injury must be caused by an accident arising out of the maintenance or use of a motor vehicle. These benefits are subject to the provisions of the Act. Subject to the limits shown in the Schedule or Declarations, Combination First Party Benefits consist of the following, as described in the Basic First Party Benefit and Added First Party Benefits: 1 . Medical expenses. 2. Work loss. 3. Funeral expenses. 4. Accidental death. EXCLUSIONS ;:- A. We do not provide First Party Benefits Coverage for bodily injury sustained '!?y any covered ~~ . 1. While intentionally causing or attempting to cause bodily injury to himself or any other person. We will not pay accidental death on behalf of that covered person. While committing a felony. While seeking to elude lawful apprehension or arrest by a law enforcement official. While maintaining or using a motor vehicle knowingly converted by that covered person. This Exclusion (A.4.) does not apply to: ',':) 2. 3. 4. a. You; or b. Any family member. 5. Who, at the time of the accident, is: a. The owner of one or more registered motor vehicles, none of which have in effect the fi- nanc:ial responsibility required by the Act; or b. Occupying a motor vehicle owned by that covered person for which the financial respon- sibility required by the Act is not in effect. 6. Maintaining or using a motor vehicle while located for use as a residence or premises. 7. While occupying a: a. Recreational vehicle designed for use off public roads; or b. Motorcycle, moped or similar-type vehicle. B. We do not provide First Party Benefrts Coverage for bodily injury: CPA.1339 PA(7197) Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance SetVices Office, Inc., 1993 Page 3 of 5 ItlltiillhliilJI!M!i!lOlIi>t-'ljtl!l.!\lllil!ilili>liil!l''''1!<'.h~o.!'/l~,jcl,..fEl~~j,,":!lI!~_i!lfjJ~~!JlM~"""ll<ir~Iiiloiii"~ . Ll$;i.1Milll,~~":' ~'~~ , -" .. 'I 1. Sustained by a pedestrian if the accident occurs outside of Pennsylvania. This Exclusion (B.1 .) does not apply to: ~, YO,l.,l;Qf b. Any family member. 2. Caused by or as a consequence of: a. Discharge of a nuclear weapon (even if accidental); b. War (declared or undeclared); c. Civil war; d. Insurrection; or e. Rebellion or revolution. 3. From or as a consequence of the following, whether controlled or uncontrolled or however caused: a. Nuclear reaction; b. Radiation; or c. Radioactive contamination. LIMIT OF LIABILITY A. The limits of liability shown in the Schedule or Declarations fer the first party benefits that apply are the most we will pay to or for each covered person as the result of anyone accident, regardless of the number of: 1. Claims made; 2. Vehicles or premiums shown in the Declarations; 3. Vehicles involved in the accident; or 4. Insurers/providing first party benefits. B. If Combination First Party Benefits are afforded, we will make available at least the minimum limit re- quired by the Act for the Basic First Party Beneftt. This Provision (B.) will not change our maximum limit of liability. C. Any amounts payable under this coverage shall be excess over any amounts: 1. Paid; 2. Payable; or 3. Required to be provided; to a covered person under any workers' compensation law or similar law. PRIORITIES OF POLICIES A. We will pay first party benefits in accordance with the order of priorities set forth by the Act. We will not pay if there is another insurer at a higher level of priority. The First category listed below is the highest level of priority and the Fourth category is the lowest level of priority. The priority order is: First The insurer providing benefits to the covered person as a named insured. Second The insurer providing benefits to the covered person as a family member who is not a named insured under another policy providing coverage under the Act. Third The insurer of the molar vehicle which the covered person is occupying at the time of the accident. Fourth The insurer of any motor vehicle involved in the accident if the covered person is not: a. Occupying a motor vehicle; and CPA.1339 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1993 Page 4 of 5 " ~" ~ ~ ""' 0" b. Provided first party benefits under any other automobile policy. An unoccupied parked motor vehicle is not a motor vehicle involved in an accident unless .it.ill park"g in a illann..r WhiQh Qr",!t",s an~nJ~a!!Qna!)l.. risl< Qf i!1j~ry. B. If 2 or more policies have equal priority within the highest applicable priority level: 1. The insurer against whom the claim is first made shall process and pay the claim as if wholly re- sponsible. The insurer is then entitled to recover contribution pro rata from any other insurer for the benelits paid and the costs of processing the claim. If such contribution is sought among insurers under the Fourth priority, proration shall be based on the number of involved motor ve- hicles. 2. If we are the insurer against whom the claim is first made, our payment to or for a covered per- son will not exceed the applicable limit of liability for First Party Benefits Coverage shown in the Schedule or Declarations. 3. The maximum recovery under all policies will not exceed the amount payable under the policy with the highest limit of liability. NON.DUPLlCATION OF BENEFITS No one will be entitled to recover duplicate payments for the same elements of loss under this or any other similar insurance including self.insurance. III. Part F. General Provisions Part F is amended as follows: The Our Right To Recover Payment provision does not apply. This endorsement must be attached to the Change Endorsement when issued after the policy is written. CPA.1339 PA(1/97) Contains copyrighted material of Insurance Services Office, Inc" with its permission. Copyright, Insurance Services Office, Inc., 1993 Page 5 of 5 . I ,'o. '" , , "- ' ~ ,,', -, .---~ '~ -,.- . , PART C . UNINSURED MOTORISTS COVERAGE , PENNSYLVANIA (STACKED) SINGLE LIMIT SCHEDULE UNINSURED MOTORISTS COVERAGE Description of Vehicle Limit of Liability Premium $ $ $ $ $ $ . INSURING AGREEMENT , A We will pay compensatory damages whioh a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily inJUry: 1. Sustained by a covered person; and 2. Caused by an aocident. The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle. No Judgment for damages arising out of a suit brought against the owner or operator of an uninsured motor vehicle is binding on us unless we: 1. Reoeived reasonable notioe of the pendenoy of the suit resulting in the judgment; and 2. Had a reasonable opportunity to protect our interest in the suit. B. "Covered person" as used in this endorsement means: You or any family member. Any other person occupying your covered auto. Any person for damages that person is entitled to recover because of bodily injury to which this coverage applies sustained by a person described in 1. or 2. above. C. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type: 1. To which no bodily injury liability bond or policy applies at the time of the accident. 2. Which is a hit-and-run vehicle whose operator or owner cannot be identified and which hits or which causes an accident resulting in bodily injury without hitting: a. You or any family member; b. A vehicle whioh you or any family member are occupying; or c. Your covered auto. If there is no contact with the hit-and-run vehicle, the facts of the accident must be proved. 3. To which a bodily injury liability bond or policy applies at the time oflhe accident, but the bonding or insuring company: a. Denies coverage; or b. Is or becomes: 1. 2. 3. (1) Insolvent; or (2) Involved in insolvency proceedings. However, uninsured motor vehicle does not include any vehicle or equipment: CPA-1342 PA(7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission, Copyright, Insurance Services Office, Inc., 1994 Page 1 of 4 ~illW:WIli'iIJ!!!I~&llliIlHl';lUIIii;!ll1iit!C;<<;il!.'Mlt1mW!lilhi/ili!!l!l4iilj~~'liii'lklo;...~,,-.'!j~!N<ri4o:W!!!liliJi',-;'I;h!~~,. ~,,"",-' ,~"",,-,-.~.......J.>.~ "',,," ~ . ~ . I 1. Owned by or furnished for the regular use of you or any family member. 2. Owned or operated by a self.insurer under any applicable motor vehicle law, except a s';'.I- insurer which is or becomes insolvent. 3. Owned by any governmental unit or agency. 4. Operated on rails or crawler treads. 5. Designed mainly for use off public roads while not on public roads. 6. While located for use as a residence or premises. EXCLUSIONS A. We do not provide Uninsured Motorists Coverage for bodily injury sustained: 1. By you while occupying, or when struck by, any motor vehicle you own which is not insured for this coverage under this policy. This includes a trailer of any type used with that vehicle. 2. By a family member: a. Who owns an auto while occupying, or when struck by, any motor vehicle owned by you or any family member which is not insured for this coverage under this policy. This includes a trailer of any type used with that vehicle. b. Who does not own an auto, while occupying, or when struck by, any motor vehicle you own which is insured for this coverage on a primary basis under any other policy. B. We do not provide Uninsured Motorists Coverage for bodily injury sustained by any covered per- son: 1. If that covered person or the legal representative settles the bodily injury claim without our con- sent. However, this Exclusion (B.1 .) does not apply if such settlement does not adversely affect our rights. 2. While occupying your covered auto when it is being used as a public or livery conveyance. This Exclusion (B.2.) does not apply to a share-the-expense car pool. 3. Using a vehicle without a reasonable belief that that covered person is entitled to do so. C. We do not provide Uninsured Motorists Coverage for noneconomic loss sustained by any covered person to whom the limited tort alternative applies, resulting from bodily ilJjury caused by ap ao- cident involving an uninsured motor vehicle, unless the bodily injury sustained IS a serious inJUry. This Exclusion (C.) does not apply: 1. If the owner or operator of the uninsured motor vehicle: a. Is convictedhor accepts Accelerated Rehabilitative Disposition, for driving under the influ- ence of alco 01 or a controlled substance in that accident; b. Is operating a motor vehicle registered in another state; or c. Intends to inj'ure himself or another person, provided that the individual does not intentionally injure himse f or another person merely because his act or failure to act is intentional or done With his realization that it creates a grave risk of causinQ injury if the act or omission causing the injury is for the purpose of averting bodily harm to himself or another person. 2. If that covered person is injured while occupying a motor vehicle insured under a commercial motor vehicle insurance pohcy. D. This coverage shall not apply directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law: . 1. Workers' compensation law; or 2. Disability benefits law. E. We do not provide Uninsured Motorists Coverage for punitive or exemplary damages. LIMIT OF LIABILITY A. Except as provided in Paragraph B., the limit of liabilny shown in the Schedule or in the Declarations for Uninsured Motorists Coverage is our maximum limn of liabilitv for all damages resulting from any one accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; CPA-1342 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Service.s 0ffice, Inc., 1994 Page 2 of 4 ~ " ; I "' . L_ . 3" Vlahicles or premiums shown in the Schedule or in the Declarations; or 4. Vlahicles involved in the accident. B" If bodily in,'ury is sustained in an accident by ycu or any family member, our maximum limit of Ii. ability for al damages in any such accident is the sum of the limits of liability for Uninsured Motorists Coverage shown in the Schedule or in the Declarations applicable to each vehicle" Subject to this maximum limit of liability for all damages., the most we willl?ay for "bod.ily injury .sustained by a cov. ered perso!) other th~n you or any family member IS the limit o/liabllity sh~wn In the Schedule or in the Declarabons applicable to the vehicle the' covered person was occupYing at the time of the ac- cident. This is the most we will pay regardless of the number of: 1 . Covered persons; 2. Claims made; 3. Vlahicles or premiums shown in the Schedule or in the Declarations; or 4. Vlahicles involved in the accident. C. No one will be entitled to receive duplicate payments for the same elements of loss under this cover. age and: 1 . Part A or Part B of this policy; or 2. A~y Underinsured Motorists Coverage provided by this policy. D" We will not make a duplicate payment under this coverage for any element of loss for which payment has. baen made by or on behalf of persons or organizations who may be legally responsible. This in- cludes all payments made to a covered person's attorney either directly or as part of the payment made to the covered person. E. We will not pay for any element of loss if a person is entitled to receive payment for the same elemant of loss under any of tne following or similar law: 1. Workers' compensation law; or 2. Disability benefits law. OTHER INSURANCE If there is other applicable similar insurance available under more than one policy or provision of cover- age: The followil1g priorities of recovery apply: First The Uninsured Motorists Coverage applicable to the vehicle the covered person was oc. cupying at the time of the accident. Second The policy affording Uninsured Motorists Coverage to the covered person as a named in. sured or family member. If two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay the claim as if wholly responsible for all insurers wtth equal priority. The insurer is thereafter enti. tladlo recover conlribution pro rata from any other insurer for the benefits paid and the costs of process. ing the claim. If we are the insurer against whom the claim is first made, we will pay, subject to the limit of liability shown in the SchEldule or in the Declarations for Uninsured Motorists Coverage, after we and all other contribut- ing insurers agree: 1 . Whether the covered person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle; and 2. As to the amount of damages. ARBITRATION A. If we and a covered person do not agree: 1. Whether that covered person is legally entitled to recover damages; or 2. As to the amount of the damages which are recoverable by that covered person; From the owner or operator of an uninsured motor vehicle then the matter may be arbttrated. Either party m~y make a written demand for arbitrati~n" Arbitration shall be conducted in accordance With the proviSions of the Pennsylvania Uniform Arbltrallon Act. Each party Will select an arbitrator. CPA-1342 PA (7/97) Contains copyrighted material of Insurance Services Office, Inc., wtth its permission. Copyright, Insurance Services Office, Inc., 1994 Page 3 of 4 .,iMil~lQ:;f~_!!!/'~lm8II_;l;t]ll",-",ug,,,",~;;;"iihj!ioMH;i:,r'~',Ui\mL,,,,,,,~<,,'.ilk,,,,,",,~g.~i"ll:-6"0;c'ili!>J>,N$"~~~~'~~""'"""- 'i!;; The two arbitrators will seleot a third. If they oannot agree within 30 days, either may request that seleotion be made by a judge of a oourt having jurisdiotion. , Eaoh party will: 1. Pay the expenses it inours; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take plaoe in the oounty in whioh the covered person lives. Looal rules of law as to prooedure and evidenoe will apply. A deoision agreed to by two of the arbitrators will be binding. II. PART F . GENERAL PROVISIONS B. C. The following is added to the Two or More Auto Polioies provision of Part F: TWO OR MORE AUTO POLICIES 1. This provision does not apply to Uninsured Motorists Coverage. 2. No one will be entitled to reoeive duplioate payments for the same elements of loss under Uninsured Motorists Coverage. This endorsement must be attaohed to the Change Endorsement when issued after the polioy is written. CPA-1342 PA(7/97) Containsoopyrighted material of Insuranoe Servioes Office, Ino., with its permission. Copyright, Insuranoe Servioes Offioe, Ino., 1994 Page 4 of4 )__, ,,,,~~,,,,,, ,~, .~,_ ,,_ ,"_ H",'"' <~ , ~ ,~ ~~ ,~~ , I " '" ." <' ",', ,~) . ~ l UNINSURED MOTORISTS PROTECTION OPTION SELECTION FORM '\ Se~tion 1791 of the Pennsylvania Motor Vehicle Financial Responsibility Law oontains the following Important Notloe: IMPORTANT NOTICE Insurance companies operating in the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits for you, your spouse or other relatives" or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle: Uninsured and bodily injury liability coverage up to at least $100,000 because of injury to one person in any one accident and up to at least $300,000 because of injury to two or more persons In anyone accident or, at the option of the insurer, up to at least $300,000 in a single limit for these coverages, except for policies issued und~r the Assigned Risk Plan. .Also, at least $5,000 for damage to property of others in anyone accident. Additionally, Insurers may offer higher benefit levels than those enumerated above as well as additional bene. fits. However, an insured may elect to purchase lower benefit levels than those enumerated above.. Your sig- nature on this notice or your parment of any renewal. premium evidences your actual knowledge and understanding of the availability 0 these benefits and limits as well as the benefits and limits you have se- lected. If you have any questions or you do not understand all of the various options available to you, contact your agent or company. If you do not understand any of the provisions contained in this notice, contact your agent or company before you sign. UNINSUFilEDMOTORISTS PROTECTION OPTION SELECTION Pennsylvania law requires that automobile liability insurance policies effective July 1, 1990 or thereafter shall offer stacked Uninsured Motorists Coverage limits eq~alto the Bodily Injury liability limits of the policy which the coverages attach. You may, however, either reject this coverage, or select lower limits but not less than financial responsibility limits. . ' PLEASE SELECT ONE: OF THE FOLLOWING: REJECTION OF UNINSURED MOTORIST PROTECTION . By signing this wavier I am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence-of a driver who does not have any insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage. Signature of First Named Insured I select Uninsured Motorists coverag~ Limi.ts Which are a,qUal to the liability limits o~my policy., I select Uninsured Motorists Covera!'e Limits which .are less th.an the liability limits of my policy. IF LOWER LIMITS ARE DESIRED PLEASE SELECT ONE OR BOTH OF THE FOLLOWING: I select Uninsured Motorists Coverages at the following limits which are lower than the Bodily Injury Liability Limits of my policy: . . '.. LIMITS OF LIABILITY o 15,000/30,000 0"'35,000 o 25,000/50,000 0 50,000 o 50,000/100,000 0 100,000 o 100,000/300,000 0 250,000 o Other. 0 Other' I understand and agree that selection of one of the above opt{G{~M[Oo my liability insurance policy and future renewals or replacements of such policy which are issueaa-HFie same Bodily Injury Liabilit~ limits. If I decide to select another option at some future time, I must let~'i1T1f~ my agent know In writing. v v PERSONAL UN~ AP 438 PA 07 97 Page 1 of 2 If Uninsured Motorists Coverage is to be made a part of the polioy, you have the option to select Non.stacked Uninsured Motorists Coverage. To select this option, the following waiver must be signed: --'-- I reject Stacked Uninsured Motorists Coverage. By signing this waiver, I am rejecting stacked limits of Uninsured Mctorists Coverage under the policy for my- self and members of my household under which the limits of coverage available would be the sum of limits for each motcr vehicle insured under the policy. Instead the limits of coverage that I am purchasing shall be re- duced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I un- derstand that my premiums will be reduced If I reject this coverage. Signature of First Named Insured Uninsured motorist protection may be rejected for the driver and passengers for rental or lease vehicles which are not otherwise common carriers by motor vehicle, but such coverage may only be rejected if the rental or lease agreement is signed by the person renting or leasing the vehicle and contains the following rejection language: ;J. R\ul Fmgj.sonn<.r . 0 AgentV' J..IiA S8 JD l." ~ ~ /~ ..' _ _~iCY ~umber Insured's Signature ~-!t /'1 " 'I Date AP 438 PA 07 97 ..' '- c, Page 2 of 2 "" 1m" " "T-~'" >,,~" 1!'l~1l! .'" , "~~~"i~,;11~r~''>'~i'~<W>lil-_~~J!l!:''l'r~'WI~_N't'l'I;'f'\l!ll!*~t'!!if!llllAA!!!'illIJ''f~~~r, '~I I 0" <' '_'~,,= , \ ~ ) UNDERINSURED MOTORISTS PROTECTION OPTION SELECTION FORM . Se~tion 1791 of the Pennsylvania Motor Vehicle Financial Responsibility Law contains the following Important Notloe: IMPORTANT NOTICE Insurance companies operating in the Commonwealth 01 Pennsylvanilil are required by law to make available for purchase the following benefits lor you, your spouse or other relatives or minors in your oustody or in the custody 01 your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle: Underinsured and bodily injury iiability ccverage up to at least $1 00,000 because of i~jury to one person in any one. accident and up to at least $300,000 because of injury to two or more persons In anyone aCCident or, at the option 01 the insurer, up to at least $300,000 in a single limit for these coverageshexcept for policies issued und~ the Assigned Risk Plan. Also, at lea!!t $5,000 for damage to property 01 ot ers in anyone accident. Additionally, Insurers may offer higher benefit ievels than those enumerated above as well as additional bene. fits. However, an insured may elect to purchase lower benelit levels than those enumerated above. Your sig- nature on this notioe or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as well as the benefits and limits you have se- lected. If you have any questions or you do not understand all of the various options available to you, contact your agent or company. II you do not understand any 01 the provisions contained in this notice, contact your agent or company before you sign. UNDERINSURED MOTORISTS PROTECTION OPTION SELECTION Pennsylvania law requires that automobile liability insurance policies effective July 1, 1990 or thereafter shall offer stacked Underinsured Motorists Coverage limits equal to the Bodily Injury Liabiltty limits of the policy which the coverages attach. You may, however, either reject this coverage, or select lower limits but not less than linancial responsibility limits. PLEASE SELECT ONE OF THE FOLLOWING: REJECTION OF UNDERINSURED MOTORIST PROTECTION By signing this wavier I am rejecting underinsured motorist coverage under this policy, for myself and ail rela- tives residing in my household. Underinsured coverage protects me and relatives living in my househ~.ld for losses and damages suffered if injury is caused by the negligence of a driver who does not have enoLIgh In. surance to pay for all losses and damages. I knowingly and voluntarily reject this coverage. Signature of First Named Insured I select Underinsured Motorists Coverage Limitsvithich are equal to the liability limits of my policy. V I select Underinsured Motorists Coverage Limits which are less than the liability limits of my policy. IF LOWER LIMITS ARE DESIRED PLEASE SELECT ONE OR BOTH OF THE FOLLOWING: / I select Underinsured Motorists Coverages at the following limits which' are lower than the Bodily Injury Liability Limits of my policy. LIMITS OF LIABiLITY o 15,000/30,000 111"35,000 o 25,000/50,000 0 50,000 o 50,000/100,000 0 100,000 0100,000/300,000 .0250,000 o Other o Other .. ,'...... I understand and agree that selection of one 01 the above ~g;!;;IiJ"~es to my liability in~ura~~e policy and luture renewals or replacements of such policy which are issued at the same Bodily Injury Liability: limits. If I decide to select another option at some future time, I musf~Bhii <2o~y or my agent know In writing. PERSO(\h\t UM"CS AP 439 PA 07 97 Page 1 of 2 '"'. If Underinsured Motorists Coverage is to be made a part of the policy, you have the opticn to select Non- stacked Underinsured Motorists Coverage. To select this option, the following waiver must be signed: _ I reject Stacked Underinsured Motorists Coverage. By signing this waiver, I am rejecting stacked limits of Underinsured Motorists Coverage under the policy for myself and members of my household under which the limits of coverage available would be the sum of limits for each motor vehicle insured under the policy. Instead the limits of coverage that I am purchasing shall be reduced to the limits stated in the policy. I knowingly and voluntarily reject the stacked limits of coverage. I understand that my premiums will be reduced if I reject this coverage. Signature of First Named Insured URA. V O. R'8/0Vi a, ~Number Insured's Signature .;;:!.lrh9 , . Date ...TRlw F o~,cn()~m. Clg\t. Agent I I II ,I II I ~ I, II " i,! 'I I II II 1..1'.,. " I'! i: . i I,~ , AP 439 PA 07 97 l. (, Page 2 of 2 ^ ,...."~~~,.il!1m!llM!!,~~~1I'l ~,.,. ~ " ~'IIP!ll~I'!l>~~P"'u"""'~-Wfffl~~!ii'I'f,'~nf;l'wIJI"~~;!!l'':lll;1I'l~~!f , '",~--",,' " -c', ",' , " , .M' , :', ~-, I -.-"" , ~~,~''''-- '= , --);" "" "-".'- ;2,_ " ,. ";_''''''h~'',,^,'''~ , ':~~~;',: . . VERIFICATION Gregory E. Cassimatis, Esquire, Attorney for Defendant, The Cincinnati Insurance Companies, verifies that the facts set forth in the foregoing Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) are true and correct to the best of his knowledge, information and belief and makes this Verification since the representative of Cincinnati Insurance Companies is outside the jurisdiction of the Court and the Verification of said representative cannot be obtained within the time allowed for the filing of this Pleading. The above statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ii-22-o-o By: Gregory assimatis, Esquire Attorney for Defendant, The Cincinnati Insurance Companies ~ - CERTIFICATE OF SERVICE AND NOW, this Z3rd day of ~.d" , 2000, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, The Cincinnati Insurance Companies, hereby certify that I served a copy of the within Answer with New Matter and New Matter Pursuant to Pa.R.C.P 2252(d) to Plaintiff's Second Amended Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: William P. Douglas, Esquire Douglas, Douglas, & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 Lori Adamcik Kariss, Esquire Marshall and Haddick, P.C. 20 South 36th Street Camp Hill, PA 17011 John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Date: l! -23- at> By: Grego . Cassimatis, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney I.D. # 49619 f~Yiii~~l!l.t~~'i"I',~<ifI-'~Jlo-"-'HW!;""..mWlii.'l:ilI!l;Ijilli;~'!t>J!.\c.>;;9"~""I*:"""1lli'MM."iI.'"l~~l6d1 ~ " . "_.l!~~~..lliII&ill ~.l-_"""" -",,~~._~ <- "., . 0 C:1 0 c:: CJ 7-'" ~ -0 ~.. 1-"" Cii In r'T~ G") :z -,,; ,.- t5S; r..j c q u, 0 -, ,~ ,) (:~ ~2c) :L";:,o 2:;(""1 ~. ,;,__3 -Ti ,0,('-) 0 Pc:: r'~\ rn '.- Z :".i =<! .I> co :::0 -< COMMOIiwEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEASN... ~ooo- ').5/4 c.v,~ NOTICE OF APPEAL 1-/- ;).I/-DO Nofice is gNen that the appellant has filed in the above Court of Common Pleos an appeal from the judgment rendered by the District Justice on the date and in the case menfioned below. NAME OF APPELLANT L IN D,AO D A\I \ I?:'S ADDRESS OF APPELlANT ;3 30 '8EL-LFQ I2-D 0. OI\TEOF T IN THE CASE OF (Plaintiff) 3--z.L\--OD I-'NOA 0, DA~IG"'S ClAIM CVI9. 45-00 LT 19 This block wiD be signed ONLY when this notation is required under Po. R.c.PJ.P. No. 10088. This Notice of Appeol, when received by the District Jusfice, will operate as a SUPERSEDEAS to the judgment for possession in this case MAG DIST. NQ OR NAME OF D.J. HAP-OL...D E,13eNOl2"R.. STATE ZP CODE CUr-t-J65~ T(,(j p. PA I~f.:,(p D/>r" I D $, DIN( PrL. r.Df ..,...1. F <<t-.l'S JUL. SIGNATURE OF APPeLLANT R HIS ATTORNEY AGENT ~D ()~ OTY Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. RCP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SignaWre of appeHant or his attomey or agent RULE: Ta Name of appeI~s} , appellee(s~ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. (3) The dale of service of this rule if service was. by mail is the date of mailing. Date: ,19_. Signa/uIe of ProthonoIary or 0epuIy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ~!IUt!r"I,<ii\&JiiMlilI!i.ill~$;iJ)~jj..~;~Iijlli~~~~!- _iJ)iii~mr,_tclL --i""""l~ I," ~~l -:-" .~~'- - ~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF. ;.. AFfiDAVIT: I hereby swear or affirm that I served D a copy of the Notice of Appeal, Cornman Pleas No. , upan the District Justice designated therein on (date of service) D by personal service D by (certified) (registered) mail, sender's receipt altached hereto, and upon the appellee, (name) , on , 19__ D by personal service D by (certilied) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeliee(s) to whom the Rule was addressed on , 19_~ D by personal service D by (certitied) (registered) mall, send"r's atlached hereto. SWORN (AfFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19_ Signature of affiant Sjgnature of official betof$) whom effidavit was made Title of official My commission expires on ,19_ c..~ Cl r. :Tj ~ ~ ,J:.. ()! >U G'l o c ~. s. ""(]ITJ S2:_~; Le- (J) '.:~ -<L': <0 >" 2:0' ~. C L =<! ~ -0 -, -~ 'T'(; , f:':':" --,"';1\'1 ' ~l~jQ ~ \ '..~(~' I -;;:' , '-~-1i \ C:-:. \ ::'':::'):.D '\ -- I '". -, l' I ...-- ". \ "2- ;:5,\1 , <\'; ;;;' \ I :D . I -< 'v N .r:- "'"' -'- -p l:j:. ..D + b' t-,o ...r::. o W i'0 "8.- ~ e- f ;+- '_I "L "" .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ClJMBERLAND 09-3-01 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'nAVIES, LINDA D I 330 BELLFORD CT CRANBERRY TWP., PA 16066 L ~ Mag. Oist No.: OJ Name: Hon. HAROI.D E. BENDER Add..,,, 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPBNSBORG, PA T'~phcne(717} 532-7676 17257-0361 DEFENDANT: \nAVIES, DAVID 25 W.KING ST SHIPPENSBORG, L Docket No.: CV- 0000045 - 00 Date Filed: 2/17/00 VS. NAME and ADDRESS S, ET AL. "I PA 17257 LINDA D. DAVIES 330 BELLFORD CT CRANBERRY TWP., PA 16066 ~ ", ,"- THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFRNDAN'l' [i] Judgment was entered for: (Name).T PAm. Il'naRT,!'!IINAR>> TN!'! IIARlITC'V. TNC' [i] Judgment was entered against: (Name) nAVTRS, T.TlITTlll n in the amount of $ 00 on: (Date of Judgment) 3/24/00 . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ $ $ $ $ .00 .00 .00 .00 .00 O Amount of Judgment Subject to AttachmenV Act 5 of 1996 $ Post Judgment Credits Post J d ment C sts $ $ 0 days or 0 generally stayed. u g 0 Levy is stayed for ------------ ------------ Certified Judgment Total $ 0 Objection to levy has been filed and hearing will be held: Date: Place: - Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL er{ - .2tft'tbate ~~_<R- , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315.99 .,',,;.. _..','. ~ " .....-"" [,I ,~ ; TAtS.IS TO NOTIFY YOU THAT~~ Judgment: FOR'DEFRNnll.~ [iJ J~dgment was entered for: (Name) nll.VTll!1 nll.VTn!l [iJ Judgment was entered against: (Name) DAVTRll, T.TNDlI. D . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COMBBRLAND Mag. Oist. No.: 09-3-01 OJ Name: Hon. HAROLD E. BENDER Add"" 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA To'o.hooo' (717) 532~7676 ~17257-0361 LINDA D. DAVIES 330 BELLFORD CT CRANBERRY TWP., PA 16066 in the amount of $ 00 on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ o o Levy is'stayed for days or 0 generally stayed, Objection to levy has been filed and hearing will be held: Date: Place: Time: . "'-- ',"" , , :tL;, NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'nAVIES, LINDA D 330 BELLFORD CT CRANBERRY TWP., PA 16066 L -, VS. -.l DEFENDANT: 'nAVIES, DAVID 25W.KING ST SHIPPENSBURG, L Docket No.: cv- 0000045 - 00 Date Filed: 2/17/00 NAME and ADDRESS S, ET AL. -, PA 17257 -.l -;..- (Dale of Judgment) -"/24/00 (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. 3-~1-~(}Date ,~F~~ , District Justice Date I certify that this is a true and correct copy of the record of the proceedings containing the judgment , District Justice My commission expires first Monday of January, AOPC 315.99 2006 SEAL , ,~. ",<,,> . ____ . ~_,~ n'<o_ ....,; WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF LINDA D. DAVIES V. J. PAUL FOGELSANGER : INSURANCE AGENCY, INe. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CIVIL ACTION - LAW NO. 2000-2514 CIVIL TERM 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 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. Legal Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle P A 17013 717-249-3166 DOUGLAS, DOUGL By Attorney for Plaintiff Dated: S - \4.- no ,~ ",-- ",'-- -,,-,- ",_ ,,<,' '--,'-'cf;"""." 'A',' ~, .'.' ." i--', - ~.,"" COMPLAINT 1. The plaintiff, Linda D. Davies, is an adult individual residing at 330 Bellford Court, Cranberry Township, Butler County, Pennsylvania 16066. 2. The defendant, J. Paul Fogelsanger Insurance Agency, Inc., hereinafter referred to as "Fogelsmger,", is a Pennsylvania corporation with a place of business at 34 West King Street, Shippensburg, Curnberland County, Pennsylvmia. 3. On February 2, 1999, the plaintiff, Linda D. Davies, and her husbmd, David S. Davies, owned a 1994 Chrysler Town and County rninivan. 4. On the aforesaid date, Defendmt Fogelsanger, while acting in the capacity as agent for Cincinnati Insurance Companies, wrote a policy of insurance with respect to the aforesaid vehicle. Said policy is numbered HRA8810633. 5. David S. Davies and Linda D. Davies received an insurmce card indicating they were both insureds under the policy of Cincinnati Insurance, md that coverage was in effect for a period of one year. A copy of the card is attached hereto md marked Exhibit" A". 6. On November 21, 1999, Linda D. Davies was operating the vehicle and struck a deer, causing extensive damage to the aforesaid vehicle. At that time, Cincinnati Insurance Company claimed she did not have coverage because her policy had been cmcelled by her agent. 7. Linda D. Davies never received notice that her policy was going to be cancelled, as is required under Pennsylvania law. 8. Defendmt Fogelsanger cancelled, or requested to be cmcelled, the insurance policy on the vehicle owned by Linda D. Davies, without her knowledge or consent. ~ ",,~c>,,::,-,- , ~ '" 9. As a direct and proximate result, Linda D. Davies has incurred a financial loss in the amount of $9,059.95. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Linda D. Davies, and against the defendant, J. Paul Fogelsanger Insurance Agency, Inc., in the arnount of $9,059.95, together with the costs of suit, an amount requiring compulsory referral to arbitration under the Local Rules of Court. DOUGLAS, DOUGLAS & DOUGLAS ~ Q By Williarn P. Douglas, Esquire Attorney for Plaintiff .4 "'. \ INSURANCE IDENTIFICATION CAim s.- PA"" COMP.ABY HUMBER COMPAIIl' 10677. Cincinnati. Insuranoe Co. POLICY IIUMBEll BRA 8810633.. ~1"9E DA!E 02/01/99 EXPIJIA'l'IOlf DAft 02/01/00 ...... ...../>dDIlBL 1994 Chrysl.er Town & C VEElICLZ IDEIi1'l'II!'ICM'IOlf IIUIaIEEt. 1C4GB54L6RX186320 IttIZtJCr/COMPA'IIf ISSODIG CAlU) J PAUL FOGELSANGER INS MY INC 717-532-4154 , " ~ "",...., David S & Linda D Davies 25 W King st Shippensburg PA 17257 ~~~ -'!~' , OP ID RT mIS CAlU) KUS1' DB DP'I' IN !'HI!: INSUBBD 'VEJIICI.E AIm PRESEtI1ft:D UPOB DEIGUm III CASE OJ!' ACCDJEIft'; 1tepoz't a11 aoo.idc:D.ts ~ yom: Agent/ColIpaDy as 1lI~ as poss.ibJ.e. Obtai.n the follori.a.g infoz:iaaUOD.: 1. 1faae ;uacl ilddress 'of each driver, passenger and. wi. bless. 2. Name of lDsuranCl!e Company aDd po1.iay DUmber ~or each 'veb.iG.le :invo1.ved.. SO (1/83) 50 (1/83) Eih~h,t ~~~ (/1 " < \ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICATION I verify that the statements rnade in the foregoing document are true and correct, to the best of rny knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa, C.S.A. S 4904 relating to unsworn falsification to authorities. I') nJ 7J dOOO Date ~ 10 ^()cM~ Linda D. Davies .r - ~ :;, ~- J~ ~..'...'.. ,,!," , ~~ ~ 1'1 _~j_,";~.l; ~iol~~~:""*;~;I~~lj~,,: ,: ! ~oJ.<J" p 492 359 065 .P 4'32 359 066 USPosla1 Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for lntematil;Jnal Mail See reV! e Sentt " Postage $ ()!..-\ Post Ce1fified Fee Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee on ~ Return Receipt Showing to ..... Whom & Date Delivered '5, RebJm Receipt Showing 10 WI<m, c{ Date, & Addressee's Address o ~ TOTAL Postage & Fees $ C") Postmark or Date ~ '-f(z.-ylou 2f j If) 11. Restricted Delivery Fee on g Return Receipt Showing to :::: Whom & Date Delivered 'a Return Receipt SOOwing 10 Whom, <( Date, & Addressee's Address o i TOTAL Postage & Fees $ C") Postmark or Date LJ 4;(VflJ"V 2f? p 492 359 064 Postage $ Certified Fee SpeciaJ Delivery Fee Restricted Delivery Fee '" 0) ~ Return Receipt Showing to . Whom & Date DeUvered ~ Rerum ReCeipt Showing 10 Whom ~ Date, & Addressee's Address ' o i TOTAL Postage & Fees $ C') E Postmark or Date ~ '+[).-'floo 2,'1% 11.. ~'~r~~~~~~~~:~~~,7~~~:~.ri:'~~;~:\';':~:':; C~IlWtALTHO'~ENNS;I'L\lANIA . COUllt OFCQM~Il'LEAS ~",r,'~" ,,~L\n~~~:'1f<~~, ,', "Jtll~"'-'''"i'<W'HJlft, ,~ ,~.nr,,~ ~,',,,,~, :""tI",," ),I!, ,':';"';'" . Noi.c~OFAfiPrAL" . .. fROM I_I I .. JUDICIAL DISlllIcr DISTRICT. JUSTICE JUDGMENT J COMMON PLEAS No. . ~ooo.'J5/4' C:;,~ 1-/.. :))/-00 NOTICE OF'~PPEAL Notice is given that th,. appeJ/ant has filed in the above. Court ofComrnan Pleas an appeal lrom the iudgm~ht rendered by the DiStrict. Justice on the date and in the case /TI!lIltioned bel"", . NAME OF'APPfLLA,NT LINDA DDAVlE"S ADDRESS,Qf,APPELLANT 330 '6e:LLFO /2..DCT. DATE Of,AJDGMENT IN THE CASE OF (Plaintiff) 3-Z-L/ - OOl-INOA D, ClAIM NO I (,po (p c.. i , AL ,<i>t ,x'1' - ~ II\lS II.J'-.: DAvl GS MAG. DlSt NQ QR'NAME OF 0.J. , t4AR.OL-D e. 8ENOGR.. STAre C~At-J6GfUL.'1 Tw p. PA D!-I<'\(l P S. DIN vs.-1.PF L SIGNATURE OF APPB.lANT R HIS ATTORNEY OR, AGENT: .....-.;, / I /U~ If appellant was CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT withintwenIY (~O) days after filing his NOTICE of APPEAL. aTY ZIPCOOE CVl\! 45 - 00 IT'l9 This block will be signlldQNlYwf,en tnis'notcition is required under Po. R.cPJ,P. No. WOllB. ., . ., . .' This Notice; .01 AW.eol, . when received by. the .District Justice, will operate as a SUPERSEDEAS .10 the judgment for posses~on in this ~ase. ~x-,LN l) Signature 01 Prothonotary brDeputy (\ ""', ". PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE --"., :'-' ,,' , " ,",' " " ,',' " .:/, " (This section 01 10rnUotJe used ONLYwhenlippelfant wasDEFENDANT (seePa, R.C.P.JP. No, 1001(7) in action~bef~e,DistliCl Jusfi,,~ IF NOT USED,de~h Irom copy 01 notice 01 appeal to tJe seNed uponlippelfee J, " PRAECIPE: To Pipthonotary. . . . ',_ A f f\;.;~_.",--_.----,-._.",,;.,.;5--,;.:~. .. Enter rule upon .\~ S. ~\JK':> fTI\L ;.1 P~. ~ 0-:'" sr:;tiJ~~";'plOi~ii~thiS appeal . .....- ... Name of appel1oe(5) '.:! rJ" . . ." '\l1j.1l~ ,ill!IlO>Oll:llM1n~ I (Common Plea. No. 40()4-?~ I if C",h (___)within twenty (20) days a ,,~~~>!ill@!>!:f~~!:<~~l~jafnonpro~ "D..'flJ S.I~~\Ile~ .CrAL RULE: To)' P~:+;1.eP~.e..rIN" A,4!~Ui~s~c:.. Name of appel/fle(5J ' Signature of appellant or his attorney Of agent (1) You are""ti!ie<j thai a rule is hereby entered upon you to file a co~p1aint in this appeal within twenty (20) days after the date 01 service of this rule upon you by personal service'" by certified "'registered mail (2) II you do not file a camplaint within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. (3) The date. 01 service of this rule il servi.ce was by mail is the date of mailing. DCIte:~,.19.00. , Signature of Prolhooo/Bry or Deputy NJPC 312-84 COURT FILE ~~~iiI~~~~"'fl11.<i.t:f:<!!t.W,Itt! ,!....-;jf.AJ',;,;t".,;~;~"'-\i\.4.~ti!,m..,;,;..'"'~"'..','~wW;".l-<." ;~'''''",,;,,-,..,,';~'''U.;fj,''-l'-*,,~.ifl",.,''''''''':;,....,"' ",i"", '.0]';" ~'o ":""~'~""'Y,,".- ~'-ff_', ,-'."-~ "...., __.",,' n. , C'~",,-,'~~1O'lI"l"l'!~,~~~'o;t-~~~~""""-~~~!"""'~~.~ ''',''< ,'-~~', ......-.,-,-~ ,~'~". PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This pmof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER fill!Jg the !Jotice of appeal, Check applicable boxes) COMMONWIE0~ COUNTY Of ;.. AfFIDAVIT: )J'ereby swear or a!!irrn that I served C I v, \ ~COoY of the Notice of Appeal, Common Pleas No, -z.ouo - 2..~ , upon the District Justice designated therein on (date of service'! 't-{ l-'f 1<>0 , 0 by personal servi~e ~erti!ied) (registeredlmail, se'Vler's receipt attached herelo, and upon the appellee, (name) fv, \lId"!, ~ u,-e\ ~", ~ fn!td~~ Ar-+-Prtm ~__ . 19~ 0 by personal service ~rtified) (registered) maii, sender's receipt attached hereto, ~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon ~pellee(s) to whom the Rule was addressed on . _ ,19 _ 0 by personal service ,157 (certified) (registered) l . rnail, sender's receipt attached hereto, SW0RN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS d.-1 DAY OF ~ ,19....Q!? \~.Or Sigm:dUfi3 of official 'befors whom affidavit was madfJ Tille ofoffic f My commls on ex I'll . _....; , Z:D i'':> -,.-)rn Zr;:;: .lO-' :by ~2'.. ~~l~ .\ kO -,:, Ib~:B ~O -"' ',;0 ,- CSI-n ( -"-........! r:.:? J.~C -1 , ~ 2'D -" ...J =< -< ,m "A! j 111I_ uJ11UI .1 .", ~. -~~~~'';'~_' _< I'""""""-'<F"^,'w-,,-.~-- J<" "',-~ ,~"""'~,O .'."",,-~ -~;""""'k,,>"'''''''':!C-~''''"''''""'''''''"''OW --""'.' ,'-ill .......,."'"'N,L.,~~ H," "" ',' I '><' ,~' ~,--' < ~'^' ".,,~-, ". '''-r-' . '~'-' ',' " ,..1.\-'",,' '"""" ",--""","'~'A,;.:oi',",,-",;,- '....'_ ~'U'"" <- (' Linda D. Davies :In the Court of Common Pleas of :Cumberland County, Pennsylvania v. :Civil Action - Law David S. Davies and Paul Fogelsaner Insurance, Inc. :2000 - 2514 Civil Term :Appeal from District Justice TO: Linda D. Davies C/O William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Date of Notice: May 17, 2000 IMPORTANT NOTICE YOU ARE IN DEFEAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOITCE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHRERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVE CARLISLE PA 17013 (717) 249-3166 Jo J. Baransk1, Jr. Esquire Shughart Law Office 35 East High Street, Suite 203 Carlisle, PA 17013 Attorney for David S. Davies . ." ,', 0< ,,..,,. ''''''_'. "0". ,..."""". .", ". ., ,,~, .' "'I .- ( Linda D. Davies :In the Court of Common Pleas of :Cumberland County, Pennsylvania v. :Civil Action - Law David S. Davies and Paul Fogelsaner Insurance, Inc. :2000 - 2514 Civil Term :Appeal from District Justice Certificate of Service I, the undersigned, hereby certify that I have served a true and correct copy of the attached Notice upon Counsel for the Plaintiff by placing the same in the United States mail at Carlisle, Pennsylvania, Regular Mail, on this 17 day of May, 2000 and addressed as follows: Linda D. Davies c/o William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Jo . Baranski, Jr. Esquire Shughart Law Office 35 East High Street, Suite 203 Carlisle, PA 17013 Attorney for David S. Davies , ~... ~ -,~ ) ,"-... () 0 C- O 0 ~- ..,., -Or""" ~ 1"r),J) :.;:.1 j&~/ -.: n,::o - '~oh1 ~(5 '-./ t3g l. ?f3C) -0 :J:~r , '=(> ::t: ."}:i:J ):> r-' ty '.. C) ~?: ?5m :.< ''V !i1 1:J 0: --<: " ~ ~ 1" . '__x~ "',~ .. ,',' " ~"__ 'r _ "., o' ","" .... r .~.. "__.. ,'.__ ., '- < -~ ,.-t' ~"" """,/-,",-"'c~;"-''''''':'',,c,-,,;, ; 0" '"' .,.,. ''':'-',,=,,' ,~',,'.e _c ' '.,< GREGORY E. CASSIMATIS, ESQUIRE Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney J.D. # 49619 ATTORNEY FOR DEFENDANTS, The Cincinnati Insurance Companies LINDA D. DAVIES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID S. DAVIES; J. PAUL FOGELSANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCE COMPANIES No.2000-2514-CIVIL Defendants ORDER AND NOW, this day of , 2000, after consideration of the Preliminary Objections of Defendant, The Cincinnati Insurance Companies, it is hereby ordered and decreed that said Defendant's Demurrer to Plaintiff's Complaint is sustained and Plaintiff's Complaint is dismissed; in the alternative, it is hereby ordered and decreed that said Defendant's Motion for a More Specific Pleading is sustained and Plaintiff directed to file a more specific Complaint within _ days of the date of this Order. BY THE COURT: J. -~" - , ,', e' ' '-"'<'_ ,~~ ,"" . ,",of..- .- t '. _, ~,' , --', "~, -"J,;",!,,-,,,,,,~h<" M ^'~ '-'" ',,;_, ,,~;C, ~" - .'~ ,., " ;:,,,,",--,fe,'c'.,.c> "_ - '- J .'-J GREGORY E. CASSIMATIS, ESQUIRE Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, The Cincinnati Insurance Companies LINDA D. DAVIES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID S. DAVIES; J. PAUL FOGELSANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCE COMPANIES No.2000-2514-CIVIL Defendants PRELIMINARY OBJECTIONS OF DEFENDANT. THE CINCINNATI INSURANCE COMPANIES TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, The Cincinnati Insurance Companies, by and through its counsel, Gregory E. Cassimatis, Esquire, and preliminarily objects to Plaintiff's Amended Complaint as follows: 1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFF'S COMPLAINT 1. Plaintiff's filed an Amended Complaint in the above matter adding The Cincinnati Insurance Companies as a party on June 21, 2000. A true and correct copy of said Amended Complaint is attached hereto, made a part hereof and marked Exhibit "1". 2. Plaintiff's Amended Complaint was served on the moving Defendant by certified mail on June 23, 2000. .',', "',o:-,~~,,', - I" , :,~'" " ,.""" ~-. '" .;;',-, , '. :. ~ -, ' ~ j"" ~,.- "',"," ,-,- 3. In the Amended Complaint, Plaintiff alleges she and her husband, David S. Davies, owned a 1994 Chrysler Town & Country Minivan. See paragraph 4 of Plaintiff's Amended Complaint. 4. Plaintiff alleges that on February 2, 1999, Defendant, Folgelsanger, while acting as an agent for Defendant, The Cincinnati Insurance Companies wrote a policy of insurance with respect to the aforesaid vehicle. See paragraph 5 of Plaintiff's Amended Complaint. 5. Plaintiff alleges that on November 21, 1999, her vehicle was extensively damaged and that she was advised there was coverage because her policy had been canceled by her agent. See paragraph 8 of Plaintiff's Amended Complaint. 6. Plaintiff alleges that she never received the notice required under Pennsylvania law that her policy was going to be canceled. See paragraph 9 of Plaintiff's Amended Complaint. 7. Plaintiff's Amended Complaint does not allege that Plaintiff was a named insured under the policy of insurance in question. 8. Pursuant to Pennsylvania law, an insurance company has no duty to notify anyone other than a named insured of any cancellation of or change in coverage. 9. The named insured on the insurance policy in question was David S. Davies as reflected in the Declarations page which is attached hereto made a part hereof and marked Exhibit "2". 10. Pursuant to Pa. R.c.P. 1028(4), Defendant, The Cincinnati Insurance Companies demurrs to the Plaintiff's Complaint for failure to set forth a cause of action upon which relief can be granted. WHEREFORE, Defendant, The Cincinnati Insurance Companies respectfully request that this Honorable Court grant its demurrer and dismiss Plaintiff's Complaint. ll. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC PLEADING 11. Defendant, The Cincinnati Insurance Companies incorporates by reference paragraphs 1- 10 above as if fully set forth at length. 12. Plaintiff's Complaint fails to set forth what notice Plaintiff was required to receive under Pennsylvania law that her policy was going to be canceled. See paragraph 9 of Plaintiff's Amended Complaint. 13. Plaintiff's Amended Complaint lacks sufficient specificity for the Defendant to prepare a defense in this matter in that it fails to set forth what notice was required to be given to the Plaintiff that her vehicle was deleted from the insurance policy referred to in paragraph 5 of Plaintiffs Amended Complaint. 14. Pursuant to Pa.R.C.P. 1028(3), Defendant, The Cincinnati Insurance Companies requests that the Plaintiff be required to file a more specific pleading with regard to paragraph 9 of Plaintiff's Amended Complaint. WHEREFORE, in the alternative, Defendant, The Cincinnati Insurance Companies requests that this Honorable Court require that the Plaintiff file a more specific pleading in this matter. Respectfully Submitted, Date: 7-J}~{)o By: Gregory assimatis, Esquire Attorney for Defendant, The Cincinnati Insurance Companies ~~ ,0.. '"I!l,_ ) , ... . ... WILLIAM P. DOUGLAS, ESQUIRE ATTY. 1.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 2.61 CARLISLE P A 17013 TELEPHONE 717-248-1790 ATIORNEY FOR PLAINTIFF LINDA D. DAVIES V. J. P Aut FOGELSANGER INSURAl\fCE AGENCY, INC and THE CINCINNATI INSURANCE COMP ANlES : ill THE COURT OF COMMON PLEAS OF CUMBERLAND COUNr)~', PA CIVIL ACTION - LAW NO. 2000-2514 crvn. TERM JURy '1'RLAL DEMANDED NOTICE YOU HA V1! BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAlMS SET FORTH IN THE FOLLOWING PAGES, YOU MOST TAKE ACTION WITHIN 'I"WENTY DAYS AFTER THIS COMPLAINl' AND NOTICE ARE SERVED, BY ENTERING A WRI'ITEN 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, TI-ffi CASE MAY PROCEED WITUOUTYOU 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 TIvIPORTANT 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. Legal Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717~249-3166" -" Dated: 6 -'rl..\ -~ By Attorney for Plaintiff ((/ (I eXh it/I '! - 'J AMENDED COMPLAINT 1. The plaintiff, Linda D. Davies, is an adult individual residing at 330 Be11ford Court, Cranberry Township, Butler County, Pennsylvania 16066. 2.. The defendant, J. Paul Fogelsanger Insurance Agency, Inc., hereinafter refurred to as "Fogelsanger,", is a Pennsylvania corporation with a place of bUsiness at 34 West King Street, Shippensburg, Cumberland County, Pennsylvania. 3. The defendant, The Cincirmati Insurance Compacles, hereinafter referred to as "Cincinnati," is an Ohio corporation with a mailing address of P.O. Box 145496, Cincinnati, OR 45250-5496. 4. On February 2, 1999, the plaintiff, Linda D. Davies, and her husband, David S. Davies, owned a 1994 Chrysler Town and County minivan. 5. On the aforesaid date, Defendant Fogelsanger, while acting in the capacity as agent for Cincinnati Insurance Companies, wrote a policy of insurance with respect to the aforesaid vehicle. Said policy is. numbered HRA8810633. 6. At all times :relevant hereto, Fogelsangex was acting within the scope of his employment as agent for Cincinnati. 7. David S. Davies and Linda D. Davies received an insurance card indicating they were both insureds under the policy of Cincinnati Insurance, and that coverage was in effect for a period of one year. A copy of the card is attached hereto and marked Exhibit Jr A". 8. On November 21, 1999, Linda D. Davies was operating the vehicle and struck a deer, causing extensive damage to the aforesaid vebicle. At that time, Cincinnati Insurance Companycl.aimed she did not have coverage because her policy had been cancelled by her agent. 9. Linda D. Davies never received notice that her policy was going to be cancelled, as is required under Pennsylvania law. , ,- . . , .. - I . " ~-~ .-' :Ii',,,,,,,,-' 10. Defendant Fogelsanger improperly issued or caused to be improperly issued, and! or wrongfully cancelled, requested to be cancelled, or caused to be cancelled, the insurance policy on the vehicle owned by Linda D. Davies, without her knowledge or consent. 11. As a direct and proximate result, Linda D. Davies has incurred a financial loss in the amount of $9,059.95. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Linda D. Davies, and against the defendant, J. Paul Fogelsanger Insurance Agency, lne., in the amount of $9,059.95, together with the costs of suit, an amount requiring compulsory referral to arbitration under the Local Rules of Court. DOUGLAS, DOUGLAS & DOUGLAS By William P. Douglas, Esquire Attomey for Plaintiff <', .~ ~~ l!l11. ) " , ';'~' ,. .;' . " '. ,.. . ':-", ..'.. ..~. "'~. ." ";""': ;: ,,~ '::':!';":" ...... ........:-...: ~- .0677'. :DfStlBANcs JDENTIFICM:J:ON cARD =uEl J?A ' " """",.,... C:i~c:i%wai;i.. J:ns=e Co. . OP JD RT 1 n:urCARDWftm::XEM';'IJI'':l''SE:~ I ~.oUID.o:;_CoIoJ~~ '"'''''_ IRA 8810633'. ~1"lB-1lAlm 02/01/99 ~J:OH~ : 02/01./00 '1. 7-532-415.4 . .:J DI CA$C 'Or~:: Jloeport;a.1.1. ~t.:II "'lEEf;J;CJ:rZ %Df!:l:t1!1:!'1~%CBl' JPDISES. i:o ~ ~~ ;as .._ .... ~-.u.1.... 1.C4GH54L6llX3.8Ei320" I. -- .... foll._ kf.~lti._ . '.! i_:B:::I.IuI~~:ot''':lf....~4.:t::L...z.~ I ...-- -' ...-=>. , . ... .994 - C1u:ys1.er lrom>.' C 1':l.fCr1CtMf/Nl.'l ~ ~ r PAt1L FOGELSANGER INS AGY me :'. 2. lllAIott l:If.~e:'~:r.llll::d. paU.:y ~:('~ -.. '~1. ~l-..i.a l>/stIUI) -. Dav:id S " Linda D Dav1"s 50 0(/93) 25 W King 51: ShippensbUZ'g PA 1.7257 DO (U1I3); . , .... .~. ~ '; ~. '.. '- fKhih,f ((A /1 ,'" ') ) VERIFICATION COMM:ONWEALTII OF PENNSYLVANIA ) COUNTY OF CUMBERLAND } 5S. This verification is made pursuant to Pa. R.c.P. 1024(c) by counsel for plaintiff, based upon infornmtion received. To the best of sigrier's knowledge, information, and belief, the foregoing is true and cotted. " DOUGLAS, DOUGLAS & DOUGLAS Dated: June 21, 2000 By William P. Douglas . ~ .~ ~ " ~- . ' "- "',jj:< '" :",>,'<':~;~1'iig;{-n ", -',-, -'< ' M,~,~, -';1;+,;1 ,:<,.-.:._;::-,,~,;,::::_;, :",. ~ l , - ""'- -',-- '<- " , ,"'~'dj'2LJ,.f'{,i"1~""<'i~7#:iili).~/ii;",:,"'~~"4~:ff:~',",,~Jt.i.;,.. 12:01 AM Standard Time At The Address of the Named Insured PAYOR - INSURED INSTALLMENTS 02/01/99 05/01/99 $205. 08/01/99 $206. $205. 11/01/99 ~ . ". E $205. NAMED INSURED AND ADDRESS David S. Davies 25 W. King St. Shippensburg AGENCY 37-034 PROD RAT J.PAUL FOGELSANGER INS.AGY.INC. 34 West King St POBox 68 Shippensburg, PA 17257 PHONE: (717) 532-4154 PA ~@~~1 INSURANCE IS PROVIDED WHERE A PREMIUM OR 'INCL' IS SHOWN FOR THE COVERAGE COVERAGES LIMITS OP LIABILITY A2 Combined Single Limit Liability (BI & PD Coverages) Added First Party Medical Expense Work Loss Benefit $ 300,000 Each Accident $ $ $ Funeral Expense $ C2 Uninsured Motorists Combined Single Limit $ Under insured Motorists Combined Single Limit $ 35,000 Each Accident Damage To Your Auto Actual Cash Value Less: Other Than Collision $ 100 Deductible Collision $ 500 Deductible Transportation Expense $20 Per Day/$600 Max. Passive Restraint Credit-Both Front (2) Safe Driver Discount 10,000 1,000 5,000 1.,500 Per Month Total 35,000 Each Accident D CAR 01 PREMIUMS 02 184. 201. 34. 32. 1.2. 8 . 3. 2. 11. 11. 34. 34. 1.05. 152. Inel Inel Incl Incl 278. 545. TOTAL PREMIUM $823. AMENDATORY ENDORSEMENTS: *CPA1339 (07/97) *AP441.PA(07/97) *CPA1.342 (07/97) *CPA1344 (07/97) * CPA1. 0 94 (07/97) *AP438PA(07/97} *AP439PA(07/97} *HOA3000(10/97} Subtotal DESCRIPT~N OP YOUR COVERED AUTO TYP TER YEAR MAKE/BODY STYLE VEHICLE ID NUMBER VEH 01 027 1985 Pontiac Parisiene 1G2BL35H6FX274761 PP 02 067 1994 Chrysler T&C 1C4GH54L6RX186320 PP 02-02-99 PAVER030199 BY CLASS SYMBOLI CODE RT BASIS 81.11.29 811129 10 AGENT'S COpy Cxh;b;-t 1'2 II . . . ~ " " ,no. '-. " -'~ -- ',>-" ,-~ '0:; _ ,',. - .,. ,',0" ','T. - _"~"~,,,,<;, _ 'Co e-:"o,"-"~-< ,":" '.__:';"" '0 :,:: -C.;;, '. _ _:>~.,",;:;,j-__ _,\",;~___; _, - --'-'-;-, CERTIFICATE OF SERVICE AND NOW, this J-St!- day of 0vlc- / , 2000, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, The Cincinnati Insurance Companies, hereby certify that I served a copy of the within Preliminary Objections on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: William P. Douglas, Esquire Douglas, Douglas, & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 Charles E. Haddick, Jr., Esquire Marshall and Haddick, P.C. 20 South 36th Street Camp Hill, PA 17011 John J. Baranski, JI., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Date: ')-/1-00 By: Gregory. . Cassimatis, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney LD. # 49619 iIl_ -~li1i. - ~~':' ',' 'la' ~ (") ~:; ~~:; ~~~: ~;c> ~E: ~ c:; CJ {~ c- ; q G,." C) ) J .', ) !'-:; -~~:l f:~ ~ ~9. co ._"""~--"--'~-~"'~'''-~''-._~'->' ---~--~---~ -'---~-<.,,------= -, -"-"'---~-'- ; ~ SENDER; ~ . Complete items 1 and/or 2 for additional services. "in . Complete items 3, and 4a & b. , : . Print YOUr name and address on the reverse of this form so that we Can I li3' return this card to you. 'I ~ . Attach this form to the front of the mai/piece, or on the back if spaCe - does not J'l.trmit. I CD . Write "Return Receipt Requested" on the mailpiece below the article number. ; '5 . The Return Receipt will show to whom the artiCle was eeTivered and the date J:: delivered. I,r; 3. ," ,.. 'a. E= I g ,., , ., 'w '13 c <C 2 a: ... w I a: 6. 3 Q >- .J?! ---'------~--~-.- -----~._~-"', I also wish to receive the fOlfowing services (for an extra feel: "' ~ 1. ~ressee's Address 2. 0 Restricted Delivery Consult Ostmaster for fee. 4a. ~icle~Lr35'1 O(,p 4b. Service Type 9' Regffi-tered 0 Insured u...eertified 0 COD g' .;;; o Express Mall 0 Return Receipt for :J ercha d's ... 7. Date of Delivery oS ( -1.5-</ <../ g >- 8. Addressee's Address (Only if requested.::J! and fee is paid) a .c I- *' u.s.G.P.o.: 1992-307-s30 DOMESTIC RETURN RECEIPT ---"......----,,-==-.~~'.,..,.'+ .',~.......... ~ 1<> '"", .;;; " !2 " > E J also wish to receive the SENDER: , oodlor 2 lor addition,1 '''''',e" lollowing services..llor an extra . Complete Items 4a & b ~ . Complete items 3, and . h rse of this form so that we can feel: .. Print your name an" a,<:Jdross on t e rove . 1. ddressee's Address return this card to yt' !he front of the mallpiece, o~ oro ')ack If space . Ana,h 'h" form, , rti I number 2 0 Restricted Delivery does not permIt d'" 'l1em'1'P!l~f!b€lIG;~ has ce t' I I . Write''ReturnRecelptRequestc ~ nihe-artlclewasdeuveredsndthecla e Consult postmaster or ee. The Return ReceIpt wlJJ show to w " 8. Article Number ," >5 c Q ,'" I .~ -a IE Q " '" III a: C C ,< o Insured o COD o Return Receipt for M rchandise 1-.J?.'1 ~ , Address (Only if requested ~ 8. Addressee s CD and fee is paid) .c: ... 12 a: 5. ~ ,I- ,w . "" ? U.S.G..P.O.: 1992-307--530 DOMESTIC RETURN RECEIPT L~~__ ""'-'-'~"'.-:j 8 'S ~ " '" 15. .; " " a: c 3 ~ " a: .; " .~ " '" 15. '0; " <> a: c ~ " ~ " a: Q) c .;;; " :; - -~_.~ .. l:: o ", l!l " 'E. E g , '" '" w a: o ,0 <( dE :::> .... w a: - " o ' , ". .' ~ PS Form 3811, December _1991 'G; SENDER: "0 .. Complete items 1 and/or 2 'for additional selvices. "$ .. Complete items 3, and 4a & b. E .. Print your name and address on the reverse of this form so that we can CD return this card to you. > .. Attach mis form to the front of the mailplece, or on the back if space ! does not permit. '<<:1 .. Write "Return Receipt Requested" an the mailpiec", below the article number. .; .. The Return Fleceipt will show to whom the article was delivered and the date delivered. ~...3.-Article Addres$~ t~ I ',~ ~4VU~@~"W>~ -/l$l/W1i-l'!AA4~ . , . e: () ~() ;~<.1jC" /8L ff-.I). I~II /..:, -1 2000-2Sffl u I 5. Sigd.atbre (Add see) ,7 fJ)L tJYMA < 6, Ignature (Age~tJ I also wish to receive the following services (for an extra feel: _____ 1. B"Addressee's Address ,; " "~ " '" 2. ~ c. '0; " " a: l:: :; ~ " a: o Insured o COD g> . .;;; o Return Receipt for ::J Merc andise .... Date of DeHvery .s ?_Oa g ".' Addressee's Address (Onry if requested.::J! and fee is paid) a .<:: .... i'.f O.s.G.P.O.; 1992-307--530 DOMESTIC RETURN RECEIPT ~ ~ ,-. l LINDA D. DAVIES, Plaintiff v. DAVID S. DAVIES and j. PAUL FOGELSANGER INSURANCE AGENCY Defendants ORDER AND NOW, this day of ~ ., , ~ ~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW No. 2000 - 2514 JURY TRIAL DEMANDED , 2000, it is hereby ORDERED and DECREED that the Preliminary Objections of Defendant j. Paul Fogelsanger Agency are GRANTED and Plaintiff's Complaint in this matter is DISMISSED with prejudice. BY THE COURT: "'-'':",' "', , - { LINDA D. DAVIES, Plaintiff v. DAVID S. DAVIES and J. PAUL FOGElSANGER INSURANCE AGENCY Defendants AND NOW, this day of " ,.", . ",;.- - , -,,~ ~- ~.-" - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVllACTION-LAW No. 2000 - 2514 JURY TRIAL DEMANDED ORDER , 2000, Plaintiff is hereby ordered to file a more specific Complaint in this matter within 20 days. BY THE COURT: "~- ,- ~ . ~ I . -'---' - ~;-~,-~,,-- ."f ( LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW v. No. 2000 - 2514 DAVID S. DAVIES and j. PAUL FOGElSANGER INSURANCE AGENCY Defendants JURY TRIAL DEMANDED PREliMINARY OBJECTIONS OF DEFENDANT, j. PAUL FOGElSANGER INSURANCE AGENCY AND NOW, comes Defendant, J. Paul Fogelsanger Insurance Agency, by and through its counsel, Marshall & Haddick, P.c., and preliminarily objects to Plaintiff's Complaint as follows: 1. Plaintiff commenced the instant action with the filing of a Notice of Appeal from District Justice Judgment of Harold E. Bender, Magisterial District No. 09-3-01, in favor of Defendants. 2. On or about May 18, 2000, Plaintiff filed a Complaint with the Honorable Court against the above-named Defendants'. 3. Defendant, j. Paul Fogelsanger Insurance Agency [hereinafter Defendant Fogelsanger], objects to the allegations set forth in Plaintiff's Complaint as set forth in detail bp-Iow. While Mr. Davies is not specifically listed on the Caption of the Complaint as filed, the Notice of Appeal specifically names him as a Defendant in this action and he has not been dismissed therefrom. Nor does Defendant Fogelsanger consent to his dismissal from this action. If this Honorable Court determines ., , ^ '," ,,--- .s, ,~ -,,,'x;_ if: Motion for more specific pleading pursuant to Pa. R.C.P. 1028(a)(3) 4. Defendant Fogelsanger incorporates by reference paragraphs 1 through 3 above as if fully set forth herein. 5. In her Complaint, Plaintiff alleges that she was an insured under a policy of insurance obtained through Defendant Fogelsanger's agency, the policy was cancelled without her knowledge, and she was not provided coverage for damage sustained by her vehicle in an accident which occurred on November 21, 1999. See Plaintiff's Complaint at paragraphs 4, 6 and 7. 6. Plaintiff has failed in her Complaint, however, to set forth the conduct by Defendants and more specifically by Defendant Fogelsanger, for which she seeks redress. 7. Pennsylvania is a fact pleading state, and Pa. R.C.P. 1 019(a) requires material facts on which a cause of action or defense is based be stated in a concise and summary form. 8. In the instant case, not only does Plaintiff fail to state the material facts on which her cause of action is based, but she fails to state what her cause of action is. 9. Without being apprised of the conduct for which redress is being sought or the cause(s) of action being pleaded against it, Defendant Fogelsanger is prejudiced in that it is unable to prepare a defense in this matter. 10. Pennsylvania Rule of Civil Procedure 1028(a)(3) authorizes a preliminary objection on the grounds of insufficient specificity in a pleading. that he is not named by Plaintiff's Complaint, then Defendant Fogelsanger reserves the right to join him as an additional Defendant to this action. ,"-~. -- ,,- ,- '0-: , ~ -"""" WHEREFORE, Defendant, J. Paul Fogelsanger Agency, respectfully requests that this Honorable Court order that Plaintiff file a more specific pleading in this matter. Preliminary Objection pursuant to Pa. R.C.P. 1028(a)(4) 11. Defendant Fogelsanger incorporates by reference paragraphs 1 through 10 above as if fully set forth herein. 12. As set forth above, Plaintiff's Complaint lacks sufficient specificity for Defendant to prepare a defense in this matter. 13. To the extent that Plaintiff is attempting to plead that Defendant Fogelsanger owed her some duty under a contract of insurance, however, she fails to set forth a cause of action upon which relief may be granted. 14. Under the policy of insurance referred to in Plaintiff's Complaint at paragraphs 4 -8, a true and correct copy of which is attached hereto as Exhibit A, Plaintiff was not a named insured. 15. The Fogelsanger Agency, as a matter of law, owes no duty to Plaintiff, who is not a named insured on the policy in question. See, e.g., 67 Pa. Code Section 221.3(a) (insurance company has duty to notify Penn DOT when a policy is cancelled). 16. First, pursuant to Pennsylvania law, an insurance agent has no duty to notify anyone other than a named insured of any changes in the status of a given insurance policy. 17. Nor can the agent be held to owe a duty to obtain consent of a non-named insured prior to canceling the policy or changing coverage thereunder at the request of the actual named insured, i.e., Mr. Davies. 18. The only named insured on the policy in question was Defendant, David Davies. See Exhibit A at Policy Definitions for "named insured," and policy declarations , -,-,;- ~- ---,--,--,--,,-,. -_ ~C'~<_ "'/' page. A true and correct of the declarations page for the policy in question is attached hereto as Exhibit "B". 19. If Defendant Fogelsanger owes Plaintiff no duty with regard to the insurance policy in question, then she has failed to set forth any possible cause of action against it. 20. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), a preliminary objection is properly lodged against a pleading with is legally insufficient or fails to set forth a cause of action for which relief may be granted. WHEREFORE, Defendant, J. Paul Fogelsanger Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint for failure to set forth a cause of action for which relief may be granted. Preliminary Objection pursuant to 1028(a)5) 21. Defendant Fogelsanger incorporates by reference paragraphs 1 through 20 above as if fu lIy set forth herei n. 22. As set forth above, Plaintiff's Complaint lacks sufficient specificity for Defendant to prepare a defense in this matter. 23. To the extent that Plaintiff is attempting to plead a cause of action for wrongful cancellation of the insurance policy in question, however, she has failed to join a necessary party to this action. 24. A cause of action for the wrongful cancellation or failure to provide coverage under a policy of insurance the insurance company who issued the policy and has refused coverage. 25. The Cincinnati Insurance Company is therefore a necessary party to this dispute. . ="" . .~ '. , ':; 26. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(5), failure to join a necessary party to a case is subject to preliminary objection. WHEREFORE, Defendant, J. Paul Fogelsanger Agency, respectfully requests that this Honorable Court strike Plaintiff's Complaint for failure to join a necessary party, or in the alternative, require joinder of that party to this action by the Plaintiff. Respectfully submitted, MARSHAll & HADDlCK, P.c. Date: June 7, 2000 ~ QJJut[AA;!;#/J~ Carles E. addick, Jr., Elquire Attorney I.D. No: 55666 Lori Adamcik Kariss, Esquire Attorney I.D. No: 66465 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorneys for Defendants ;'.'--: - - " " . CERTIFICATE OF SERVICE AND NOW, this 7th day of june, 2000, I, Lori Adamcik Kariss, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff john j. Baranski, jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David S. Davies fiii tJJ!l/YKI&~, ~ ri Adamcik Kariss, Esqu re HOMEOWNERS AUTO ENDORSEMENT PROVISIONS - HOA 3000 TABLE OF CONTENTS .J... - " .,'. _~ _co. ~_ ~ iJi ",",'. ~~~ . Termination Cancellation Nonrenewal Automatic Termination Other Termination Provisions Transfer Of Your Interest In This Policy Two Or More Auto Policies Racing Exclusion Fraud Choice Of Law 12 12 12 12 12 13 13 13 13 13 Your auto insurance policy is a legal contract between you and your insurance company. READ YOUR POLICY CAREFULLY. This Table of Contents provides only a brief outline of some of the im. portant features of your policy. Only the actual policy previsions will control coverage. The policy itself sets forth, in detail, the rights and obligations of both you and your insurance company. IT IS THEREFORE 1M. PORTANT THAT YOU READ YOUR POLICY. lltlIiIiillII;"""..., .., THE CINCINNATI INSURANCE COMPANY HOMEOWNERS AUTO ENDORSEMENT PROVISIONS AGREEMENT In return for payment of the premium and subject to all the tenns of this policy, we agree with you as fol- lows: DEFINITIONS Throughout this policy, "you" and "your" refer to: 1. The "named insured" shown in the Declarations; and 2. The spouse if a resident of the same household. "We", "us" and "our" refer to The Oincinnati Insurance Company. For purposes of this policy, a private passenger type auto shall be deemed to be owned by a person if leased: 1. Under a written agreement to that person; and 2. For a continuous period of at least 3 months. Other words and phrases are defined. They are boldfaced when used. "Bodily injury" means bodily harm, sickness or disease, including death that results therefrom. "Business" includes, but is not limited to, trade, profession or occupation. "Property damage" means physical injury to, destruction of or loss of use of tangible property that has been physically damaged. "Non.owned auto" means a vehicle not owned by or furnished or available for the regular use of you or any family member while in the care, custody or control of a covered person. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child. "Occupying" means in, upon, getting in or out, getting on or off. "Trailer" means a vehicle designed to be pulled by a: 1. Private passenger auto; or 2. Pickup or van. "Your covered auto" means: 1. Any vehicle shown in the Declarations. 2. Any of the following types of vehicles on the date you become the owner: a. a private passenger auto; or b. a pickup or van. This provision (2.) applies only if: a. you acquire the vehicle during the policy period; b. you ask us to insure it within 30 days after you become the owner; and c. with respect to a pickup or van, no other insurant:e policy provides coverage for that vehicle If the vehicle you acquire replaces one shown In the Declarations, it will have the same coverage as the vehicle it replaced. You must ask us to Insure a replacement vehicle Within 30 days only if a you wish to add or continue Coverage for Damage to Your Auto; or b It is a pickup or van used in any business or occupation, other than farming or ranching r',...",1..."." ",....--,..r".\~I_~, '-'~"",..."",",I ~II" I " , If the vehicle you acquire is in addition to any shown in the Declarations, IT will have the broadest coverage we now provide for any vehicle shown in the Declarations. If neither the vehicle being replaced or any other covered auto on your policy has PArt D. Coverage For Damage To Your Auto, we will provide Collision and Other Than Collision coverage for your re- plaoement or additional vehiole subject to a $250 deductible for a period of 14 days after you become the owner. If you do not notify us within 14 days after you become the owner of your intention to add physical damage coverage for the vehicle you acquire, this physical damage coverage will expire. 3. Any trailer you own. 4. Any auto or trailer you do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use b1.cause of its: a. breakdown; d. loss; or b. repair; e. destruction. c. servicing; PART A - LIABILITY COVERAGE INSURING AGREEMENT When a covered person becomes legally responsible because of an auto accident or for physical dam- age to a non owned auto, we will pay: A. for bodily injury; B. for property damage; C. for property damage to a non-owned auto: 1. when there is a written contract we will pay for damage according to the terms of the contract; 2. in the absenoe of a written contract, we will pay in excess of any other applicable coverage. Damages include pre-judgment interest awarded against the oovered person. We will settle or defend, as we oonsider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to seltle or defend ends when our limit of liability for this coverage has been tendered for settlement or payment of judgment. We have no duty to defend any suit or settle any claim for bodily injury or property damage not covered under this policy. "Covered person" as used in this Part means: 1. You or any family member for the ownership, maintenance or use of any auto (including a motorhome, truck or motorcycle) or trailer. 2. Any person using your covered auto. 3. For your covered auto, any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part. 4. For any auto (including a motorhome, truck or motorcycle) or trailer, other than your covered auto, any person or organization but only with respect to legal responsibility for acts or omIsSIons 01 you or any family member for whom coverage is afforded under this Part. This provisio~ (4.) applies only If the person or organization does not own or hire the auto or trailer. SUPPLEMENTARY PAYMENTS In addition to our limit of liability, we Will pay on behalf of a covered person: 1. Up to $500 for the cost of bail bonds required because of an accident, Including related traffic law vioiatlons. The accident must result in bodily injury or property damage covered under thIS poliCY 2. Premiums on appeal bonds and bonds to release attachments In any SUit we defend 3. Interest accruing after a Judgment IS entered In any SUit we defend. Our duty to pay IIlterest ends when we offer to pay that part of the judgment which does not exceed our limit of liability for thiS cov- erage 4. Up to $75 a day for loss of earnings, but not other Income, because of .=lttendance at hearings or trials at our request 5 The sum of $500 If you (including your spouse if .=l reSident of the some hOlisehold) die within 30 d3YS from bodily injury sustcuned ::IS ::I direct result of colliSion or upset wilde riding In your covered auto. If both you and your spouse die, $500 wiJJ be pnld sepClr:ltely for eClch De.J.!h Illllst be caused Cont.JIJlS COPYrighted II1Qtenal of Insur':lIlce ~' ..-.-.----. ,--.--, --,.--.._..~. ...--.-..-....;. ----.--- -"'--, ........., ._..,.... rcaYC-'UlloJ solely throu~h external, violent and ac~idental means. Payment will be made to the surviving spouse, the next of'kln, orthe legal representative of either, as the company may elect. 6. Other reasonable expenses incurred at our request. EXCLUSIONS A. We do not provide Liability Coverage for (Iny person: 1.. Who expected or intended to cause bodily injury or property damage or whose intentional or cnmlnal acts may have reasonably been expected to result in bodily injury or property damage. 2. For property damage to property owned or being transported by that person. 3. For property damage to property: a. rented to; b. used by; or c. in the care of; th at person. This exclusion (A.3.) does not apply to property damage to: a. a residence or private garage; or b. any of the following type vehicles not owned by or furnished or available for the regular use of you or any family member: (1) private passenger autos; (2) trailers; (3) pickups, vans; or (4) trucks less than 26,000 pounds gross vehicle weight. 4. For bodily injury to an employee of that person during the course of employment. This exclu. sion (A.4.) does not apply to bodily injury to a domestic employee unless workers' compensation benefits are required or available for that domestic employee. 5. For that person's liability arising out olthe ownership or operation of a vehicle while it is being used to carry persons or property for a fee. This exclusion (A.S.) does not apply to a share-the' expense car pccl. 6. While employed or otherwise engaged in the business of: a. selling; d. storing; or b. repairing; e. parking; c. servicing; vehicles designed for use mainiy on public highways. This includes road testing and delivery. This exclusion (A6.) does not apply to the ownership, maintenance or use of your covered auto by: a. yo~; b. any family member; or c. any partner, agent or employee of you or any family member. 7. For loss to any non-owned auto being maintained or used by any person while employed or otherwise engaged in any business not described in exclusion (A.6.). This exclusion (A.7.) does not apply to the maintenance or use by you or any family member of a non-owned auto which is a pri- vate passenger auto or trailer. 8. Maintaining or using any vehicle while that person is employed or otherwise engaged in any business (other than farming or ranching) not described in Exclusion (A6.) This exclusion (AB.) does not apply to the maintenance or use of a: a. private passenger auto; b. pickup or van that: (1) you own; or (2) you do not own while used as a temporary substitute for your covered auto which IS out of normal use because of its. (a) breakdown. (d) loss, or HOA-3000 T (10197) ContaIns copYrighted material of Insurance Services Office, Inc ,with Its permission Cooyrl()h' I!lS~lr.lllr;'" c:.0nl',.-no; nll,,.-,, '",~ . r,"',F' " ..IIIIiiiliJ1lll1ilUoI- '",,0, "~,-~ ,"" (b) repair; (e) tlestruc1ion; or (c) servicing; c. trailer used with a vehicle described in a. or b. above. 9. Using a vehicle without a r~asonable belief that that person is entitled to do so. 10. For bodily injury or prope~y damage for which that person: a. is an insured under a nuclear energy liability policy; or b. would be an insured under a nuclear energy liability policy but for its termination upon ex- haustion of its limit of liability. A nuclear energy liability policy isa policy issued by any of the following or their successors: a. American Nuclear Insurers; b. Mutual Atomic Energy Liability Underwriters; or c. Nuclear Insurance Association of Canada. B. We do not provide Liability Coverage for the cwnership, maintenance or use of: 1. Any motorized vehicle: a. having fewer than four wheels (except for a motorcycle as owned, maintained or used by a covered person); or b. which is designed mainly for use off public roads. This exclusion (B.1 .) does not apply: While such vehicle is being used by a covered person in a medical emergency; or to any trailer. 2. Any vehicle, other than your covered auto, which is: a. owned by you; or b. furnished or available for your regula~ use. 3. Any vehicle, other than your covered auto, which is: a. owned by any family member; or b. furnished or available ior the regular use of any family member. However, this exclusion (B.3.) does not apply to you while you are maintaining or occupying any ve. hicle which is: a. owned by a family member; or b. furnished or available for the regular use of a family member. C. We do not provide Liability Coverage for: 1. You or any family member for bodily injury to you or any family member, nor for any person using your covered auto for bodily injury to any family member of such person. 2. Loss to any non-owned auto due to destruction or confiscation by governmental or civil authori- ties because you or any family member: a. engaged in illegal activities; or b. failed to comply with Environmental Protection Agency or Department of Transportation standards. , LIMIT OF LIABILITY A1. Split Limit If A1. Split limits of liability are shown in the Declarations, the following applies: The limit of liability shown in the Declarations for "each person" for Bodily Injury Liability is our maximum limit of liability for all damages due to or arising out of bodily injury sustained by anyone person in any one auto accident. Subject to this limit for "each person" the limit of liability shown in the Declarations for "each acoident" for Bodily Injury Liability is our maximum limit of liability for all damages due to or arising out of bodily injury resulting from anyone auto accident. The limit of liability shown in the Declarations for "each acoident" for Property Damage Liability is our maximum limit of liability for all damages to all prop- erty resulting from anyone auto accident. This is the most we will pay regardless of the number of: 1 . Covered persons: 2. Claims made; ........._ ..,."........ .,.-,"""''''7' Contains copyrighted material of Insurance Services Office, Inc, with its permiss.,on ..__u_,_...... t__..___~__ ,=,>_.. ~... . .~~~ "~ =" 1,- I ~ ~,- No Ohe will be entitled to receive duplicate payments for the same elements of loss under this cover~ ..ge and Part 8 or any uninsured or underinsured motclrists coverage provided by endorsem"nt .to this policy. . , A2. Single Limit If A2. Sinljle Limits of liability are shown in the Declarations, the following applies: The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all dam- ages resulting from anyone auto aocident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Schedule or in the Declarations; or 4. Vehioles involved in the auto acoident. We will apply the limit of liability to provide any separate limits required by law for bodily injury and property damage liability. However, this provision will not change our total limit of liability. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part B or any uninsured or underinsured motorists ooverage provided by endorsement to this policy. OUT OF STATE COVERAGE If an auto aocident to which this policy applies occurs in any state or province other than the one in which your covered auto is principally garaged, we will interpret your policy for that accident as follows: If the state or province has: 1. A financial responsibility or similar law specifying limits of liability for bodily injury or property damage higher than the limit shown in the Declarations, your policy will provide the higher specified limit. 2. A compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state or province, your policy will provide at least the required minimum amounts and types of coverage. No one will be entitled to duplicate payments for the same elements of loss. FINANCIAL RESPONSIBILITY REQUIRED When this policy is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required. OTHER INSURANCE If there is other applicable liability insurance we will pay only our share of the loss. Our share is the pro, portion that our limit of liability bears to the total of all applicable limits. However, any insurance We provide for a vehicle you do not own shall be excess over any other collectible insurance. PART B - MEDICAL PAYMENTS COVERAGE INSURING AGREEMENT We will pay reasonable expenses incurred for necessary medical (including surgical, x.ray and dental services: including prosthetic devices, eyeglasses and pharmaceuticals; including necessary ambulance, hospital and professional nursing services) and funeral services because of bodily injury: 1 . Caused by accident; and 2. Sustained by a covered person. We will pay only those expenses incurred for services rendered within 3 years from the date of the acci- dent. "Covered person" as used in this Part means: 1. You or any family member: HOA.3000 T (10/97) Contains copyrighted material of Insurance Services Office, Inc., with its permission CopvriQht, Insurance Services Office, Inc., 1990 Page 5 of 13 ." 0 ~~~ "~ . ;, , . -~ a. while occupying; or b. as a pedestrian when struck by; a motor vehicle designed for use mainly on public roads or a trailer of any type. 2. Any other person while occupying your covered auto. EXCLUSIONS We do not provide Medical Payments Coverage for any person for bodily injury: 1. Sustained while occupying any motorized vehicle having fewer than four wheels. 2. Sustained while occupying your covered auto when it is being used to carry persons or prop- erly for a fee. This exclusion (2.) does not apply to a share.the-expense car pool. 3. Sustained while occupying any vehicle located for use as a residence or premises. 4. Occurring during the course of employment if workers' compensation benefits are required or available for the bodily injury. 5. Sustained while occupying or, when struck by, any vehicle (other than your covered auto) which is: a. owned by you; or b. furnished or available for your regular use. 6. Sustained while occupying or, when struck by, any vehicle (other than your covered auto) which is: a. owned by any family member; or b. furnished or available for the regular use of any family member. However, this exclusion (6.) does not apply to ~ou. 7. Sustained while occupying a vehicle without a reasonable belief that that person is entitled to do so. 8. Sustained while occupying a vehicle when it is being used in the business of a covered per- son. This exclusion (8.) does not apply to bodily injury sustained while occupying a: a. private passenger auto; b. pickup or van that you own; or c. trailer used with a vehicle described in a. or b. above. 9. Caused by or as a consequence of: a. discharge of a nuclear weapon (even if accidental); b. war (declared or undeclared); c. civil war; d. insurrection; or e. rebellion or revolution. 10. From or as a consequence of the following, whether controlled or uncontrolled or however caused: a. nuclear reaction; b. radiation; or c. radioactive contamination. LIMIT OF LIABILITY The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for each person injured in anyone accident. This is the most we will pay regardless of the number of: 1 . Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Declarations; or 4. Vehicles involved in the accident. Contains copyrighted material of Insurance ~""'..vi"".:..~ Offi...,.".. In..., . ""ith ih::r. n""..rn;~Gion ,~~l~ . II 0:, , HOA~3000 T (10/97) Copyright,lnsurance services Office, Inc., 1990 Page 6 of 13 No one will be entitl<:d to receive duplicate payments for the same elements of loss under this coverage and Part A or any uninsured or underinsured motorists coverage provided by endorsement to this policy. No payment will be made unless the injured person or that person's legal representative agrees in writing that ~ny payment shall be applied toward any settlement or judgment that person receives under Part A or uninsured or undennsured motorists coverage provided by endorsement to this policy. If a passive restraint is in use, i.e. if a covered person is wearing a seatbelt at the time of an accident or occurrence involving bodily injury, it is agreed that the limit of liability shown in the Declarations for this coverage (B-1 or B-2) shall be automatically doubled for such covered person. OTHER INSURANCE COVERAGE B-1. REGULAR (FULL) MEDICAL PAYMENTS. If there is other applicable auto medical payments insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any in- surance we provide with respect to a vehicle you do not own shall be excess over any other collectible auto insurance providing payments for medical or funeral expenses. COVERAGE B-2. MODIFIED (LIMITED) OR EXCESS MEDICAL PAYMENTS. If there is other applicable insurance for medical or funeral services (including but not limited to other auto Medical Payments insurance; Homeowners Liability insurance for medical exposures; individual, blanket or group accident, disability or hospitalization insurance; medical or surgical reimbursement plan; or Workers' Compensation or disability benefits law), this insurance does not apply except as excess over that other insurance. PART C - UNINSURED MOTORISTS COVERAGE If purchased, refer to respective state Uninsured Motorist Coverage Endorsement. PART D - COVERAGE FOR DAMAGE TO YOUR AUTO INSURING AGREEMENT We will pay for direct and accidental loss to your covered auto, including its equipment, minus any appli. cable deductible shown in the Dec[arations. We will pay for loss to your covered auto caused by: 1. Other than "collision" only if the Declarations indicate that Other Than Collision Coverage is provided for that auto. 2. "Collision" only if the Declarations indicate that Collision Coverage is provided for that auto. If there is a loss to a non-oWned auto not otherwise covered under Part A.C. above, we will provide the broadest coverage applicab[e to any your covered autos shown in the declarations. However, this cov. erage does not apply to any vehiole weighing in excess of 26,000 pounds. "Collision" means the upset, or collision with another objeot of your covered auto. However, loss caused by the following are not considered "collision": 1. Missiles or falling objects; 6. Hail, water or flood; 2. Fire; 7. Ma[icious mischief or vandalism; 3. Theft or larceny; 8. Riot or civil commotion; 4. Explosion or earthquake; 9. Contact with bird or animal; or 5. Windstorm; 10. Breakage of glass. If breakage of glass is caused by a collision, you may elect to have it considered a loss caused by colli- sian. With respect to vehicles for which it is shown In the Declarations that Collision Coverage IS provided In excess of a deductible amount stated In the Declarations, this deductible amount shall not apply' , To loss caused by collision with another auto insured by us Including an auto owned by you, or 2 PrOViding all of the following conditions eXists .J. loss to your covered auto is greater than the deductible Llmount. Llnd """+'")'t~0 '~r"n\l"r!h+(')rj ....,~'l+"rll!,....,1 :'~~,' "I"",. ~ b.' the owner or operator of the other auto has been identified; and c. the owner or operator of the other auto is legally liable for the loss to your covered auto; and d. a valid property damage liability insurance policy is in force at the time of the accident with respect to the person or organization legally responsible for the loss to your covered auto. Loss to awnings or cabanas is covered subject to a $50 deductible or the deductible shown in the decla- rations, whichever is greater. TRANSPORTATION EXPENSES In addition, we will pay, without application of a deductible, up to $20 per day, to a maximum of $600, for: 1. Temporary transportation expenses incurred by you in the event of a loss to your covered auto. We will pay for such expenses if the loss is caused by: a. Other than collision only if the Declarations indicate that Other Than Collision Coverage is provided for that auto. b. Collision only if the Declarations indicate that Collision Coverage is provided for that auto. 2. Loss of use expenses for which you become legally responsible in the event of loss to a non- owned auto. We will pay for the loss of use expenses if the loss is caused by: a. Other than collision only if the Declarations indicate that Other Than Collision Coverage is provided for any your covered auto. b. Collision only if the Declarations indicate that Collision Coverage is provided for any your covered auto. If the loss is caused by a total theft of your covered auto or a non-owned auto, we will pay only ex- penses incurred during the period ending whef1 your covered auto or the non-owned auto is reo turned to use or we pay for its loss. If the loss is caused by other than theft of a your covered auto or a non-owned auto, we will pay only expenses beginning when the auto is withdrawn from use for more than 24 hours. Our payment will be limited to that period of time reasonably required to repair or replace the your covered auto or the non-owned auto. TOWING AND LABOR COSTS COVERAGE We will pay towing and labor costs incurred each time your covered auto or any non-owned auto is dis- abled, up to the amount shown in the Declarations as applioable to that vehicle. If a non-owned auto is disabled, we will provide the broadest towing and labor costs coverage applicable to any your covered auto shown in the Declarations. We will pay only for labor performed at the place of disablement. EXCLUSIONS We will not pay for: 1. Loss to your covered auto which occurs while it is used to carry persons or property for a fee. This exclusion (1.) does not apply to a share.the.expense car pool. 2. Damage due and confined to: a. wear and tear; b. freezing; c. mechanical or electrical breakdown or failure (other than burning of wiring); or d. road damage to tires. This exclusion (2.) does not apply if the damage results from the total theft of your covered auto. 3. Loss due to or as a consequence of: a. radioactive contamination; b. discharge of any nuclear weapon (even if accidental); c. war (declared or undeclared); d. civil war; Contains copyrighted material of Insurance C:~~.;......~"" C1ff;.....,,,,,, I"...... ~;H.. :+- ~___;__:__ -~. _..."~"" HOA-;tOOO T (10/97) e . --....--- -...--, '.'r.' . Copyright, Insuranc~ Services Office, Inc., 1990 'page 8 of 13 e. insurreotion;- or f. rebellion or revolution. 4. Loss by THEFT to: a. Scanning monitor receivers; b. Personal computers; or c. Devices for the detection of Police speed monitoring instruments. Coverage for loss by theft is limited to $500 for all other items of electronic equipment that are not permanently installed in your covered auto. Coverage applies only to items specifically de- signed for use in an automobile. This coverage is excess over any other valid and collectible in- surance. 5. Loss to tapes, records, discs or other media for use with equipment designed for the reprod- uction of sound. 6. Loss to a camper body or trailer not shown in the Declarations. This exolusion (6.) does not apply to a camper body or trailer you: a. acquire during the policy period; and b. ask us to insure within 30 days after you become the owner. 7.A. Loss to any exterior custom furnishings or equipment, except a nonpermanently attaohed camper bcdy or cover valued at $500 or less, in or upon any pickup or van. Exterior custom fur- nishings or equipment include but are not limited to custom murals, paintings, or other decals or graphics. 7 -B. Loss to any interior custom furnishings or equipment with an accumulated value in excess of $500 in or upon any pick-up or van. Interior custom furnishings or equipment include but are not lim- ited to: - a. special carpeting and insulation, furniture, bars or television receivers; b. facilities for cooking and sleeping; c. height-extending roofs. 8. Loss to your covered auto due to destruction or confiscation by governmental or civil authorities because you cr any family member: a. engaged in illegal activities; or b. failed to comply with Environmental Protection Agency or Department of Transportation standards. This exclusion (8.) does not apply to the interests of Loss Payees in your covered auto. LIMIT OF LIABILITY Our limit of liability for loss will be the lesser of the: 1. Actual cash value of the stolen or damaged property; 2. Amount necessary to repair or replace the property; or 3. Stated amount shown in the Declarations. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. Our payment for loss will be reduced by any appiicable deductible shown in the Declarations. PAYMENT OF LOSS We may pay for loss in money or repair or replace the damaged or stolen property We may, at our ex- pense, return any stolen property to 1. You; or 2 The address shown In this policy If we return stolen property we will pay for any damage resulting from the theij We may keep all or part of the property at an agreed or appraised value If we pay for loss in malley, our po.yment will Include the applico.ble so.)es to.x for the damaged or stolen property - . I . "h~ ^ ~ ~ ,f' . NO BENEFIT TO BAILEE This insurance shall not directly or indireclly benelit any carrier or other bailee lor hire. OTHER SOURCES OF RECOVERY II other scurces 01 recovery also cover the loss we will pay only our share of the loss. Our share is the proportion that our limit 01 liability bears to the total of all sources of recovery. APPRAISAL /f we and you do not agree on the amount 01 loss, either may demand an appraisal 01 the loss. In this event, each party will select a competent appraiser. The two appraisers will select an umpire. The ap- praisers will state separately the actual oash value and the amount 01 loss. II they lail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1 . Pay its chosen appraiser; and 2. Bear the expenses 01 the appraisal and umpire equally. We do not waive any 01 our rights under this policy by agreeing to an appraisal. PART E - DUTIES AFTER AN ACCIDENT OR LOSS GENERAL DUTIES We have no duty to provide coverage under this policy unless there has been full compliance with the fol- lowing duties: We must be notified promptly 01 how, when and where the accident or loss happened. Notice should also include the names and addresses 01 any injured persons and 01 any witnesses. A person seeking any coverage must: 1. Cooperate with usin the investigation, settlement or defense of any claim or suit. 2. Promptly send us copies 01 any notices or legal papers reoeived in connection with the accident or loss. 3. Submit, as often as we reasonably require: a. to physical exams by physicians we selecl. We will pay for these exams. b. to examination under oath and subscribe the same. 4. Authorize us to obtain: a. medical reports; and b. other pertinent records. 5. Submit a proof of loss when required by us. ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE TO YOUR AUTO A person seeking Coverage for Damage to Your Auto must a/so: 1. Take reasonable steps after loss to protect your covered auto and its equipmentlrom further loss. We will pay reasonable expenses incurred to do this. 2. Promptly notify the police if your covered auto is stolen. 3. Permit us to inspect and appraise the damaged property before its repair or disposal.; PART F - GENERAL PROVISIONS BANKRUPTCY Bankruptcy or insolvency of the covered person shall not relieve us of any obligations under this policy. C~'2.t~!,'::~9~~y'~jghted mB:~~r.i.al of Insurance , ~~'''""J1, HOA-3000 r (10197) Copyright~IRsurinoe'SeiVio~;s'offiCe;'i~~-:;-'i 990 . \' ,Page 10 of 13 . CHANGES A. This policy contains all the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustment, we will adjust the pre- mium as of the effective date of change. B. If there is a change to the information used to develop the policy premium, we may adjust your premium. Changes during the policy term that may result in a premium increase or decrease include, but are not limited to, changes in: 1. The number, type or use classification of insured vehioles; 2. Operators using insured vehicles, newly Iioensed drivers in the household, any drivers added to your household; 3. The plaoe of prinoipal garaging of insured vehioles; 4. Coverage, deduotible or limits. if a ohange resulting from A. or B. requires a premium adjustment, we will make the premium adjustment in acoordance with our manual rules. C. If, within 45 days prior to the beginning of this policy or during the polioy period, we make any ohanges to any'forms or endorsements of this polioy for which there is ourrently no separate premium oharge, and that ohange provides more ooverage than this policy, the ohange will be oonsidered as inoluded until the end of the ourrent polioy period. We will make no additional premium charge for this additional ooverage during the interim. LEGAL ACTION AGAINST US No legal aotion may be brought against us until there has been full complianoe with all the terms of this polioy. In addition, under Part A, no legal aotion may be brought against us until: 1. We agree in writing that the covered person has an obligation to pay; or 2. The amount of that obligation has been finally determined by judgment atter trial. No person or organization has any right under this policy to bring us into any action to determine the li. ability of a covered person. OUR RIGHT TO RECOVER PAYMENT A. If we make a payment under this policy and the person to or for whom payment was made has a right to reoover damages from another we shall be subrogated to that right. That person shall do: 1. Whatever is necessary to enable us to exeroise our rights; and 2. Nothing atter loss to prejudioe them. However, our rights in this paragraph CA.) do not apply under Part 0, against any person using your cov- ered auto with a reasonable belief that that person is entitled to do so. B. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: 1. Hold in trust for us the proceeds of the recovery; and 2. Reimburse us to the extent of our payment. POLICY PERIOD AND TERRITORY This policy applies only to accidents and losses which occur 1 During the policy period as shown in the Declarations; and 2. Within the policy territory. The poliCY territory is' 1 The United States of America, its temtorles or possessions; 2 Puerto RICO, or Cont.111:S r:()Dv'-'rJI,tr>rj .-n--..,';-", ,I "I I", : I 111, ,r." . , 3. Canada. This policy also applies to [ass to, or accidents involving, your covered auto while being transported be. tween their ports. TERMINATION Cancellation. This policy may be cancelled during the policy period as follows: 1. The named insured shown in the Declarations may cancel by: a. returning this policy to us; or b. giving us advance written notice of the date cancellation is to take effect. 2. We may cancel by mailing to the named insured shown in the Declarations at the address shown in this policy: a. at least 1 0 days notice: (1) if cancellation is for nonpayment of premium; or (2) if notice is mailed during the first 60 days this policy is in effect and this is not a renewal or continuation policy; or b. at least 20 days notice in all other cases. 3. After this policy is in effect for 60 days, or if this is a renewal or continuation policy, we will cancel oo~ . a. for nonpayment of premium; or b. if your driver's license or tliat of: (1) any driver who lives with you; or (2) any driver who customarily uses your covered auto; has been suspended or revoked. This must have occurred: (1) during the policy period; or (2) since the last anniversary of the original effective date if the policy period is other than 1 year. c. if the policy was obtained through material misrepresentation. Nonrenewal. If we decide not to renew or continue this policy, we will mail notice to the named insured shown in the Declarations at the address shown in this policy. Notice will be mailed at least 30 days be. fore the end of the policy period. If the policy period is other than 1 year, we will have the right not to renew or continue the policy at the end of the current policy term. Automatic Termination. If we offer to renew or continue and you or your representative do not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our oHer. If you obtain other insurance on your covered auto, any similar insurance provided by this policy will ter- minate as to that auto on the effective date of the other insurance. - Other Termination Provisions. 1. If the law in effect in your state at the time this policy is issued, renewed or continued: a. requires a longer notice period; b. requires a special form of or procedure for giving notice; or c. modifies any of the stated termination reasons; we will comply with those requirements. 2. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. 3. if this policy ',s cancelled, you may be entitled to a premium refund. If so, we Will send you the refund. The premium refund, if any, will be computed according to our manuals. However, making or offering to make the refund is not a condition of cancellation 4. The effective date of cancellation stated in the notice shall become the end of the policy period. I , =~......_......- ~~~---'--'.._.. -.. -,----.-. _t I._~. ,y.............", ~" -., .lIDo. . HO~.3000 T (10/97) -Services Office, Inc., with its permission Copyright, Insur.aA~ Services Office, Inc., 1990 "Pa,ge 12 of 13 TRANSFER OF YOUR INTEREST IN THIS POLICY Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown in the Declarations dies, coverage will be provided for: 1. The surviving spouse if resident in the same household at the time of death. Coverage applies to the spouse as if a naml1d insured shown in the Declarations; or 2. The legal representative of the deceased person as if a named insured shown in the Declara. tions. This applies oniy with respect to the representative's legal responsibility to maintain or use your covered auto. Coverage will only be provided until the end of the policy period. TWO OR MORE AUTO POLICIES If this policy and any other auto insurance policy issued to you by us apply to the same aocident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under. anyone policy. RACING EXCLUSION This policy will provide no coverage for any injury or damage which arises out of the ownership, mainte. nance or use of a vehicle while that vehiole is being used: 1 . in any prearranged or. or.ganized raoing, speed or demolition contest; or 2. in praotioe or preparation for any such contest. FRAUD We do not provide coverage for any covered person who has made fraudulent statements or engaged in fraudulent conduct in connection with any accident or loss for which coverage is sought under this policy. CHOICE OF LAW It is understood and agreed that this polioy and all of its terms shall be construed and interpreted in con. formity with the laws of the state in which it is issued. THE CINCINNATI INSURANCE COMPANIES .. .. .... ....... THE CINCINNATI INSURANCE COMPANY HOMEOWNER At1TO POLICY' P*'IOD QtJARTBRLl' ,!.Af:' 02/01/99 TO 02/01/00 NEW POLICY 12:01 AM Standard Time At The Address of the Named Insured PAYOR - INSURED ;""';''''"'-i! . . POLICY NtnmER liRA ~8J.0633 INSTALLMENTS 02/01/99 $206. $205. 08/01/99 05/01/99 NAMBJ) INSURED AND ADDRESS David S. Davies 25 W. King St. Shippensbu:t'g -"",j $205. 11/01/99 $205. AGENCY 37-034 PROD RAT J.PAUL FOGELSANGER INS.AGY.INC. 34 West King St POBox 68 Shippensburg, PA 17257 PHONE: (717) 532-4154 INSURANCE IS PA~@\P'\1 PROVIDED WHERE A PREMIUM OR 'INCL' IS SHOWN FOR THE COVERAGE COVERAGl!lS LIMITS OF LIABILITY CAR 01 PREMIUMS 02 A2 Combined Single Limit Liability (BI & PO Coverages) Added First Party Medical Expense Work Loss Benefit $ 300,000 Each Accident $ $ $ Funeral Expense $ C2 Uninsured Motorists Combined Single Limit $ Under insured Motorists Combined Single Limit $ 35,000 Each Accident D Damage To Your Auto Actual Cash Value Less: Other Than Collision $ 100 Deductible collision $ 500 Deductible Transportation Expense $20 Per Day/$600 Max. Passive Restraint Credit-Both Front(2) Safe Driver Discount 10,000 1,000 5,000 1,500 Per Month Total 35,000 Each Accident 184. 201. 34. 32. 12. 8. 3. 2. 11. 11. 34. 34. 105. 152. Incl Incl Incl Incl 278. 545. TOTAL PREMIUM $823_ AMENDATORY ENDORSEMENTS: *CPA1339 (07/97) *AP441PA(07/97) *CPA1342 (07/97) *CPA1344 (07/97) *CPA1094 (07/97) *AP438PA(07/97) *AP439PA(07/97) *HOA3000(10/97) Subtotal DESCRIPT~N OF YOUR COVERED AUTO TYP TER YEAR MAKE/BODY STYLE VEHICLE ID NUMBER VEB 01 027 1985 Pontiac Parisiene 1G2BL35H6FX274761 PP 02 067 1994 Chrysler T&C 1C4GH54L6RX186320 PP 02-02-99 PAVER030199 BY CLASS SYMBOL/ CODE RT BASIS 811129 811129 10 AGENT'S COPY ~.i&ii'Wo.i -1iIhjlii;r~="~~ ~~iigj'"-'-" ~"'~~'^_lt*iiiidlilil~' " . ., ,",~-~=-"", ,., " , ..!~. ",.,.,,d, ' .~ , o (= ,~.:.:. ""'(,.r; ~;f}l 0; " ~:Cj ~~8 )>c Sj -;j .. r.::.) c') o 'n ,- , 1--'--:; in CJ -n C) q~~; ;:f-'. ;-,1 u :;:~ :D -< -"'-'- N ~ ~ (J1 ;- ~I " ~";'<j LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVil ACTION-lAW v. No. 2000 - 2514 DAVID S. DAVIES and J. PAUL FOGELSANGER INSURANCE AGENCY Defendants JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2000, Plaintiff is hereby ordered to file a more specific Complaint in this matter within 20 days. BY THE COURT: ]. - 1-- "', ~-- '.'. ,--~ .-- -"'--j LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW v. No. 2000 - 2514 DAVID S. DAVIES; J. PAUL FOGELSANGER INSURANCE AGENCY; THE CINCINNATI INSURANCE COMPANIES Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, J. PAUL FOGELSANGER INSURANCE AGENCY, TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, J. Paul Fogelsanger Insurance Agency, by and through its counsel, Marshall & Haddick, P.c., and preliminarily objects to Plaintiff's Amended Complaint as follows: 1. Plaintiff commenced the instant action with the filing of a Notice of Appeal from District Justice Judgment of Harold E. Bender, Magisterial District No. 09-3-01, in favor of Defendants David S. Davies and J. Paul Fogelsanger Insurance Agency. 2. On or about May 18, 2000, Plaintiff filed a Complaint with the Honorable Court against the above-named Defendants'. While Mr. Davies is not specifically listed on the Caption of the Complaint as filed, the Notice of Appeal specifically names him as a Defendant in this action and he has not been dismissed therefrom. Nor does Defendant Fogelsanger consent to his dismissal from this action. If this Honorable Court determines that he is not named by Plaintiff's Complaint, then Defendant Fogelsanger reserves the right to join him as an additional Defendant to this action. . I .~ ~ ";,I 3. Defendant, J. Paul Fogelsanger Insurance Agency [hereinafter Defendant Fogelsanger], objects to the allegations set forth in Plaintiff's Amended Complaint as set forth in detail below. Motion for more specific pleadin~ pursuantto Pa. R.C.P. 1028(a)(3) 4. Defendant Fogelsanger incorporates by reference paragraphs 1 through 3 above as if fully set forth herein. 5. In her Amended Complaint, Plaintiff alleges that she was an insured under a policy of insurance obtained through Defendant Fogelsanger, the policy was cancelled without her knowledge, and she was not provided coverage for damage sustained by her vehicle in an accident which occurred on November 21, 1999. See Plaintiff's Complaint at paragraphs 5, and 7-9. 6. Plaintiff has failed in her Amended Complaint, however, to set forth the conduct by Defendants and more specifically by Defendant Fogelsanger, for which she seeks red ress. 7. Pennsylvania is a fact pleading state, and Pa. R.C.P. 1019(a) requires material facts on which a cause of action or defense is based be stated in a concise and summary form. 8. In the instant case, not only does Plaintiff fail to state the material facts on which her cause of action is based, but she fails to state what her cause of action is. 9. Without being apprised of the conduct for which redress is being sought or the cause(s) of action being pleaded against it, Defendant Fogelsanger is prejudiced in that it is unable to prepare a defense in this matter. 10. Pennsylvania Rule of Civil Procedure 102B(a)(3) authorizes a preliminary objection on the grounds of insufficient specificity in a pleading. - -,~,,"" -~ ,I page. A true and correct of the declarations page for the policy in question is attached hereto as Exhibit "B". 19. If Defendant Fogelsanger owes Plaintiff no duty with regard to the insurance policy in question, then she has failed to set forth any possible cause of action against it. 20. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), a preliminary objection is properly lodged against a pleading with is legally insufficient or fails to set forth a cause of action for which relief may be granted. WHEREFORE, Defendant, J. Paul Fogelsanger Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint for failure to set forth a cause of action for which relief may be granted. In the alternative, Preliminary Objection pursuant to 1028(a)(4) 21. Defendant Fogelsanger incorporates by reference paragraphs 1 through 20 above as if fully set forth herein. 22. As set forth above, Plaintiff's Amended Complaint lacks sufficient specificity for Defendant to prepare a defense in this matter. 23. To the extent that Plaintiff is attempting to plead a cause of action for wrongful cancellation of the insurance policy in question, however, such a cause of action should lie against Defendant, The Cincinnati Insurance Companies, not Defendant Fogelsanger. 24. A cause of action for the wrongful cancellation or failure to provide coverage under a policy of insurance properly lies against the insurance company who issued the policy and has refused coverage. 25. The Plaintiff has therefore failed to state a cause of action for wrongful cancellation against Defendant Fogelsanger. ", "- ~11 26. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), a preliminary objection is property lodged against a pleading with is legally insufficient or fails to set forth a cause of action for which relief may be granted. WHEREFORE, Defendant, J. Paul Fogelsanger Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint for failure to set forth a cause of action for which relief may be granted. Respectfully submitted, MARSHAll & HADDlCK, P.c. Date: June 26, 2000 dfrvi ~j}L ~/[/I1A Charles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Lori Adamcik Kariss, Esquire Attorney I.D. No: 66465 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorneys for Defendants . . 1 ,-, "." "" " >~."i CERTIFICATE OF SERVICE AND NOW, this ~1~ay of june, 2000, I, Lori Adamcik Kariss, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff john j. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David S. Davies The Cincinnati Insurance Companies P.O. Box 145496 Cincinnati, OH 45250-5496 dDvt- ~~~ Lori Adamcik Kariss, Esquire . iiiI'" , ~.... ~~~ IrJb-"'~ -- -,--,- DH'iiiWl"'H ~ <~ ._W -,' ~" ,,"- ~ ~~ --_~'.e<>" ," _l_ ,. 0 0 0 C c..? " ~'" ,- ~-:-1 ~C'j c: ~""-~ ';,~;.J Z:U ;j-- 71- f".) ~~q tQJ:;'. CO ~/ \::!\('.) k:O -'j :J~:~1 ~9 :z;: 6~:?t 57'--) I;? C -'" :Z :..:> ~ ~ lJ'I - - ~ I ~ ~ ~'~_~"'_"'_,__ co ,_ " ,-i-,__''-..' . ~' . ,;.tit , LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW v. No. 2000 - 2514 DAVID S. DAVIES and J. PAUL FOGELSANGER INSURANCE AGENCY Defendants JURY TRIAL DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. LINDA D. DAVIES, (Plaintiff) vs. DAVID S. DAVIES and J. PAUL FOGELSANGER INSURANCE AGENCY (Defendant) No. 2000-2514 Civil Term- 1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Plaintiff, Linda D. Davies' Complaint 2. Identify counsel who will argue case: a. For Plaintiff: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 . -' , Dated: ". .. _< .~,,,:~. ",.., _,.0,_' ,~, ,-",,",,-~,"..,, r.;.",,-,,-,_;,;,.'~,. ,; , .:.1 e' b. For Defendant: Charles E. Haddick, Jr., Esquire Lori Adamcik Kariss, Esquire 20 South 36th Street Camp Hill, PA 17011 John J. Baranski, Jr., Esquire 35 East High Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 26, 2000 June 14, 2000 OOi~llIIllillli!l?Jim!'~~-";"~'!'i~.iWl~!il~Ki~" _~ J ~ ,., 1;i6- ~--- ~ '~ . "'" 0 r:) (:) C C) , ! s: , .- '0'(t) ,"-- 92~[ q Zl~ ~1<,3 U~ , J. ..L- '.-) ~":Cr ;2 -0 g~;, :Z: C) :Jr -0 W ;I>c '--1 Z D> =<! C" :J:J J' -< _TI ^ ~" '- '..c. ~~.,' "_"d_ <." '--'0-' ',I LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW v. No. 2000 - 2514 DAVID S. DAVIES, j. PAUL FOGHSANGER INSURANCE AGENCY and THECINCINNA TIINSURANCE COMPANIES Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO 2252(d) OF DEFENDANT, j. PAUL FOGHSANGER INSURANCE AGENCY, TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, comes Defendant, j. Paul Fogelsanger Insurance Agency [hereinafter Answering Defendant], by and through its counsel, Marshall & Haddick, P.c., and responds to the allegations contained in Plaintiff's Second Amended Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. 0_,' ,__, ,C_~': "_,'. ." _., ,_,_~ ._,'.,,___ -..",,--'{, _', __",<:;O~"_"_,,, '.; -' 4. Admitted in part and denied in part. It is admitted only that Defendant, David S. Davies, owned the minivan in question. The remainder of the allegations contained in this paragraph are denied, since after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of said averments, and therefore denies same and demands strict proof thereof. 5. Admitted, with the qualification that the only named insured on said policy was David S. Davies. 6. Admitted. 7. Denied. The allegations contained in paragraph 7 of Plaintiff's Second Amended Complaint are denied as conclusions of law to which no responses are required. To the extent that a response it required, said allegations are denied, since after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. By way of further response, only David S. Davies was a named insured under the policy in question. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. 9. Denied as a conclusion of law to which no response is required. To the extent that a response is required, it is specifically and unequivocally denied that Plaintiff was owed any type of notice by any party hereto or any other person or entity concerning the cancellation of the insurance policy in question, for which. she was not a named insured. 1- "'->< " -"-"" "'. w_ -:~,,: ;/.:~'-ii 10. Denied as a conclusion of law to which no response is required. To the extent that a response is required, it is specifically and unequivocally denied that Answering Defendant improperly issued or caused to be improperly issued, and/or wrongfully cancelled, requested to be cancelled, or caused to be cancelled, the insurance policy on the vehicle in question, without her knowledge or consent. On the contrary, the policy in question was cancelled pursuant to the instructions of the only named insured thereon, David S. Davies. By way of further answer, Answering Defendant acted in a careful, reasonable and prudent manner at all times relative hereto and strict proof to the contrary is demanded at trial. 11. Denied as a conclusion of law to which no response is required. To the extent that a response is required, it is speCifically and unequivocally denied that Answering Defendant is liable to Plaintiff for her loss, if any. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. New Matter 12. Answering Defendant specifically and unequivocally denies any averments in paragraphs 1 through 11 of the Plaintiff's Complaint not specifically admitted above. 13. Plaintiff has failed to state a claim against Answering Defendant upon which relief can be granted. 14. Plaintiff's claims are barred by the applicable statute of limitations. 15. At all times material hereto, Answering Defendant acted reasonably, properly, and prudently. ,'^ I ^ ',. _, .' -0, "", '. c' ,,>_.;c' "u" '.i __",~ :),;...". ",-,.,;-' C~j 16. The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damages alleged by the Plaintiffs, if any. 17. The alleged damages sustained by the Plaintiff, if any, were proximately caused by parties other than Answering Defendant. 18. The Plaintiff, at all times material hereto, was guilty of contributory negligence, said negligence being the proximate cause of Plaintiff's damages, if any, and such negligence constitutes a complete bar to Plaintiff's claims, the same being for purely economic damages. 19. In the alternative, at all times material hereto, the Plaintiff was guilty of comparative negligence, and such negligence was comparatively higher than the alleged negligence of the Answering Defendant, which is specifically denied; accordingly, the Plaintiff's claims are barred or, in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 20. Answering Defendant complied with any and all duties, contractual or otherwise, owed to the Plaintiff, if any existed, at all times material hereto. 21. To the extent that Plaintiffs seek recovery against answering Defendant in contract, at all times material hereto, no contract existed between Plaintiff and Answering Defendant. 22. Plaintiff has failed to mitigate damages. 23. All or some of Plaintiffs' claims are barred by the economic loss doctrine. 24. At all times material hereto, Answering Defendant made no misrepresentations, negligent or otherwise, to any party in this litigation. 25. Any reliance by Plaintiff upon any representation by Answering Defendant, said representation being specifically denied, was not reasonable. -< I: '..',J< ~' 0- '"-',' , " ,L-, _"___" '_,n_",__. ~",,- 26. On or about January 9, 1999, Plaintiff moved from the Davies' household, changing her legal residence. 27. After Defendant David S. Davies and Plaintiff ceased living together, Defendant David S. Davies obtained the Cincinnati Insurance Company policy in question and was the sole named insured thereunder. 28. Pursuant to the insurance policy in question, Plaintiff ceased being a named insured thereunder when she moved out of the residence of Defendant David S. Davies. See policy Definitions for "named insured," and policy declarations page. A true and correct of the policy in question is attached hereto as Exhibit "A", and a true and correct copy of the declarations page is attached hereto as Exhibit "B". 29. The 1994 Town and County Minivan being driven by Plaintiff at the time of the accident alleged in the Plaintiff's Second Amended Complaint was dropped from the Cincinnati Insurance Company policy in question in May, 1999, by the sole named insured of the policy, Defendant, David S. Davies. 30. Plaintiff was advised by Defendant, David S. Davies in or about March, 1999 that she should transfer the title for the van in question to her name and obtain her own insurance as he was going to cancel coverage for the vehicle in question. 31. Plaintiff failed to heed the advice of Defendant David S. Davies and proceeded to drive the minivan in question without insurance coverage. 32. Plaintiff transferred title to the subject vehicle to her name alone in September, 1999, by knowingly presenting a false insurance identification card for that purpose. 33. Answering Defendant had no duty to notify Plaintiff of the cancellation of coverage for the minivan in question. -'-, .__f " -,'" _. ", ~/._,<, ;,C: "' '."._. ="',_' __'"J 34. The only duty owed by Answering Defendant in this case was to Defendant, David S. Davies, the named insured on the policy in question. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. New Matter pursuant to Pa. R.C.P. 2252(d) v. Defendant, David S. Davies 35. Answering Defendant incorporates by reference paragraphs 1 through 34 above as if fully set forth herein. 36. Answering Defendant avers that if the Plaintiff is entitled to any recovery, which entitlement is specifically denied, the liability is the sole liability of Defendant, David S. Davies. 37. In the alternative, Defendant, David S. Davies, is jointly and/or severally liable to the Plaintiff and/or liable over to the Answering Defendant for contribution and/or indemnity. WHEREFORE, Defendant, j. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. New Matter pursuant to Pa. R.C.P. 2252(d) v. Defendant, The Cincinnati Insurance Companies 38. Answering Defendant incorporates by reference paragraphs 1 through 37 above as if fully set forth herein. 39. Answering Defendant, without vouching for its accuracy and denying all allegations that Answering Defendant is liable to Plaintiff, hereby incorporates by reference as if fully set forth herein the Plaintiff's Second Amended Complaint as it pertains to Co- . ,,1.- _ '"' ~~ "'-----{ Defendant The Cincinnati Insurance Companies, and avers that if the Plaintiff is entitled to any recovery, which entitlement is specifically denied, the liability is the sole liability of Co-Defendant, The Cincinnati Insurance Companies. 40. In the alternative, Co-Defendant, The Cincinnati Insurance Companies, is jointly and/or severally liable to the Plaintiff and/or liable over to the Answering Defendant for contribution and/or indemnity. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. Respectfully submitted, MARSHAll & HADDICK, P.c. Date: August 15, 2000 C;~ Attorney I.D. No: 55666 Lori Adamcik Kariss, Esquire Attorney I.D. No: 66465 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorneys for Defendant]. Paul Fogelsanger Insurance Agency , -- .1 . .,', ' _; CO,,""- ";-'-'-',-'- - . ~ '~'-".' 'i c _,'._. , ,-, CERTIFICATE OF SERVICE AND NOW, this _ day of August, 2000, I, Lori Adamcik Kariss, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Gregory E. Cassimatis, Esquire BERLON & TIMMEL 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant, The Cincinnati Insurance Companies I ! ! I I I I I I , I I I , I I I I I I I I I I I , I , , , William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David S. Davies Lori Adamcik Kariss, Esquire ." '. ~ :...,,-, ""-' -," _':"'_d ,. I VERIFICATION I, hereby verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ~/1100 ~"" j ~.-'.;.,' .~'-illiW~"~~ 4.~ .;o..'~liI~ , ,.'. iil~' ~ __ , . ." ~o ~.,' ," "0" '.',,;___ 0 (::J 0 c: C::'J ~Tl S , :-j -r.J C,; r::: ;.j-::;Q Q-l[Tl ;?) L.TJ 1'0 "nr\1 Z-C,. ~~~- UJ<.C -(:,".::, ~C; ~\ -'r r\ ~~C) :;,I-~ :'.i~~ ~,;o :..J '-' Pc --' Z N "b' ~J =< CO -< ,. " , u,"__ , , -'-.< _.--' ,".-. ---~"j\: LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW , v. No. 2000 - 2514 DAVID S. DAVIES, J. PAUL FOGELSANGER INSURANCE AGENCY and THE CINCINNATI INSURANCE COMPANIES Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Linda D. Davies do William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 The Cincinnati Insurance Companies do Gregory E. Cassimatis, Esquire BERLON & TIMMEL 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Davis S. Davies do john j. Baranski, jr., Esquire 35 East High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) OF DEFENDANT, j. PAUL FOGELSANGER INSURANCE AGENCY, INC., TO PLAINTIFF'S SECOND AMENDED " -,-- ""-- - - , ,~~~ - " - - , "~ [---J COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: August 30, 2000 Respectfully submitted, MARSHALL & HADDICK, P.c. {jmA {1~ ~ Charles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Lori Adamcik Kariss Attorney I.D. No: 66465 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorney for Defendant, Foge/sanger Insurance Agency -" '- ~ , iAf/12QZ-P i!Iillillli~:.:M",'0> -., -. ", !"<<-~;"";~, . i LINDA D. DAVIES, IN THE COURT OF COMMdN-P[EAS OF CUMBERLAND COUNTY Plaintiff CIVil ACTION-lAW No. 2000 - 2514 n 0 0 c~ G -Cj :;:: ;~ .J c: -~, il: i- r;--} \,;;::0: i i"""':' - .,j / f_ c- .- Cl ~. [-. l.. -T, -- u -q . , r:':::" h'l > C-) :-J .:~) c: , Z ',> ---' '" :iJ -< ,p -< v. DAVID S. DAVIES, j. PAUL FOGElSANGER INSURANCE AGENCY and THE CINCINNATI INSURANCE COMPANIES Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO 2252(d) OF DEIFENDANT, j. PAUL FOGElSANGER INSURANCE AGENCY, TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, comes Defendant, J. Paul Fogelsanger Insurance Agency [hereinafter Answering Defendant], by and through its counsel, Marshall & Haddick, P.c., and responds to the allegations contained in Plaintiff's Second Amended Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. . , ~ --it,_, 4. Admitted in part and denied in part. It is admitted only that Defendant, David S. Davies, owned the minivan in question. The remainder of the allegations contained in this paragraph are denied, since after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of said averments, and therefore denies same and demands strict proof thereof. 5. Admitted, with the qualification that the only named insured on said policy was David S. Davies. 6. Admitted. 7. Denied. The allegations contained in paragraph 7 of Plaintiff's Second Amended Complaint are denied as conclusions of law to which no responses are required. To the extent that a response it required, said allegations are denied, since after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. By way of further response, only David S. Davies was a named insured under the policy in question. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, and therefore denies same and demands strict proof thereof. 9. Denied as a conclusion of law to which no response is required. To the extent that a response is required, it is specifically and unequivocally denied that Plaintiff was owedanytype of notice by any party heretoor any other person or entity concerning the cancellation of the insurance policy in question, for which she was not a named insured. ~ ~_~' 0 ~, <_Of'"~ 10. Denied as a conclusion of law to which no response is required. To the extent that a response is required, it is specifically and unequivocally denied that Answering Defendant improperly issued or caused to be improperly issued, and/or wrongfully cancelled, requested to be cancelled, or caused to be cancelled, the insurance policy on the vehicle in question, without her knowledge or consent. On the contrary, the policy in question was cancelled pursuant to the instructions of the only named insured thereon, David S. Davies. By way of further answer, Answering Defendant acted in a careful, reasonable and prudent manner at all times relative hereto and strict proof to the ii ) r! I " contrary is demanded at trial. 11. Denied as a conclusion of law to which no response is required. To the extent that a response is required, it is specifically and unequivocally denied that Answering Defendant is liable to Plaintiff for her loss, if any. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. New Matter 12. Answering Defendant specifically and unequivocally denies any averments in paragraphs 1 through 11 of the Plaintiff's Complaint not specifically admitted above. 13. Plaintiff has failed to state a claim against Answering Defendant upon which relief can be granted. 14. Plaintiff's claims are barred by the applicable statute of limitations. 15. At all times material hereto, Answering Defendant acted reasonably, properly, and prudently. - ~ ~ - . ~ ~ ~ ii'" ~-';>G" 16. The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damages alleged by the Plaintiffs, if any. 17. The alleged damages sustained by the Plaintiff, if any, were proximately caused by parties other than Answering Defendant. 18. The Plaintiff, at all times material hereto, was guilty of contributory negligence, said negligence being the proximate cause of Plaintiff's damages, if any, and such negligence constitutes a complete bar to Plaintiff's claims, the same being for purely economic damages. 19. In the alternative, at all times material hereto, the Plaintiff was guilty of comparative negligence, and such negligence was comparatively higher than the alleged negligence of the Answering Defendant, which is specifically denied; accordingly, the Plaintiff's claims are barred or, in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 20. Answering Defendant complied with any and all duties, contractual or otherwise, owed to the Plaintiff, if any existed, at all times material hereto. 21. To the extent that Plaintiffs seek recovery against answering Defendant in contract, at all times material hereto, no contract existed between Plaintiff and Answering Defendant. 22. Plaintiff has failed to mitigate damages. 23. All or some of Plaintiffs' claims are barred by the economic loss doctrine. 24. At all times material hereto, Answering Defendant made no misrepresentations, negligent or otherwise/to any party in this litigation. 25. Any reliance by Plaintiff upon any representation by Answering Defendant, said representation being specifically denied,. was not reasonable. ... ~ . ~".i-^!~"h;' 26. On or about January 9, 1999, Plaintiff moved from the Davies' household , changing her legal residence. 27. After Defendant David S. Davies and Plaintiff ceased living together, Defendant David S. Davies obtained the Cincinnati Insurance Company policy in question and was the sole named insured thereunder. 28. Pursuant to the insurance policy in question, Plaintiff ceased being a named insured thereunder when she moved out of the residence of Defendant David S. Davies. See policy Definitions for "named insured," and policy declarations page. A true and correct of the policy in question is attached hereto as Exhibit "A", and a true and correct copy of the declarations page is attached hereto as Exhibit "B". 29. The 1994 Town and County Minivan being driven by Plaintiff at the time of the accident alleged in the Plaintiff's Second Amended Complaint was dropped from the Cincinnati Insurance Company policy in question in May, 1999, by the sole named insured of the policy, Defendant, David S. Davies. 30. Plaintiff was advised by Defendant, David S. Davies in or about March, 1999 that she should transfer the title for the van in question to her name and obtain her own insurance as he was going to cancel coverage for the vehicle in question. 31. Plaintiff failed to heed the advice of Defendant David S. Davies and proceeded to drive the minivan in question without insurance coverage. 32. Plaintiff transferred title to the subject vehicle to her name alone in September, 1999, by knowingly presenting a false insurance identification card for that purpose. 33. Answering Defendant had no duty to notify Plaintiff of the cancellation of coverage for th~ minivan in question. J_l ~ " b "_","_, 34. The only duty owed by Answering Defendant in this case was to Defendant, David S. Davies, the named insured on the policy in question. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. New Matter pursuant to Pa. R.C.P. 2252(d) v. Defendant, David S. Davies 35. Answering Defendant incorporates by reference paragraphs 1 through 34 above as if fully set forth herein. 36. Answering Defendant avers that if the Plaintiff is entitled to any recovery, which entitlement is specifically denied, the liability is the sole liability of Defendant, David S. Davies. 37. In the alternative, Defendant, David S. Davies, is jointly and/or severally liable to the Plaintiff and/or liable over to the Answering Defendant for contribution and/or indemnity. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. New Matter pursuant to Pa. R.C.P. 2252(d) v. Defendant, The Cincinnati Insurance Companies 38. Answering Defendant incorporates by reference paragraphs 1 through 37 above as if fully set forth herein. 39. Answering Defendant, without vouching for its accuracy and denying all allegations that Answering Defendant is liable to Plaintiff, hereby incorporates by reference as if fully set forth herein the Plaintiff's Second Amended Complaint as it pertains to Co- ; .~ , "- liIlJ~-"i Defendant The Cincinnati Insurance Companies, and avers that if the Plaintiff is entitled to any recovery, which entitlement is specifically denied, the liability is the sole liability of Co-Defendant, The Cincinnati Insurance Companies. 40. In the alternative, Co-Defendant, The Cincinnati Insurance Companies, is jointly and/or severally liable to the Plaintiff and/or liable over to the Answering Defendant for contribution and/or indemnity. WHEREFORE, Defendant, J. Paul Fogelsanger Insurance Agency, respectfully requests that this Honorai;Jle Court dismiss Plaintiff's Complaint against it or in the alternative, grant judgment in its favor and against all other parties. Respectfully submitted, MARSHAll & HADDICK, P.c. Date: August 15, 2000 ~ Attorney 1.0. No: 55666 lori Adamcik Kariss, Esquire Attorney 1.0. No: 66465 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorneys for Defendant f. Paul Fogelsanger Insurance Agency . ----.. , , "'--, h CERTIFICATE OF SERVICE AND NOW, this _ day of August, 2000, I, Lori Adamcik Kariss, Esquire, hereby certify that 1 did serve a true and correct copy of the foregoing document upon all counsel of record by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David S. Davies Gregory E. cassimatis, Esquire BERLON & TIMMEL 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant, The Cincinnati Insurance Companies Lori Adamcik Kariss, Esquire . E. n ~ ._',",.,,~< VERI FICA TlON I, hereby verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1 B Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ~/l/oo , ""'r"' ,. - ",,' I. _ . ,- _ -_~ ' - ~- ',,,,, ,-, ._'r_.' _,,_ -, ~c.",. ; '~_" ';t;,.,,:,; ;:~ i,', , :2 'j I;, CERTIFICATE OF SERVICE AND NOW, this 3cfday Of~, 2000, I, Lori Adamcik Kariss, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Notice to Plead upon j:! By First-Class Mail: 1'1 Iii J!~ " f-i j'j Ii il 1:1 if; i'l !l~ i,J i~ ::~ ifi I" I H H i:j ~:! \i1 1_1 :1 :1 :1 II !j 1 i "I I "I :1 .] :1 ~ I I i 'I ! I ; i all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David S. Davies Gregory E. Cassimatis, Esquire BERLON & TIMMEL 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant, The Cincinnati Insurance Companies L~' .~tau>> on amCl anss, squire _tjtf ~ ~''liillIllilllllii~~llIIillti..llillilrllf!lllliIIii1ifI~''''''''ol1';'''''''''''~~' "- ,,- ,""~'~ = ,~,'- ~,. ~-_. 1T' .,- .~ .... , ".""" C' D r"- , , C c::) I S ~-.",. !:"J ('-' 'P~ ~; G? -'-I ;:--- LJ (f , -;~-~ -< -:;7 ) ~'::) r.= C~j --, " ,~ 'I _n.-, n ::y: f~~ ~-:: CJ 5> L" C) C ~;! ~~- ''0 --j :n -< 0"\ -< < "'i/it): WILLIAM P. DOUGLAS, ESQUIRE ATTY. J.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF Ii ~ ; i: i i ! I; , , ,i, !i LINDA D. DAVIES IN lHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CML ACTION - LAW V. J. P Aut FOGELSANGER INSURANCE AGENCY, INC. and lHE CINCINNATI INSURANCE COMPANIES NO. 2000-2514 CIVIL TERM JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORlH IN lHE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY 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 lHE COURT WIlHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OlHER 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 lHE OFFICE SET FORlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 Dated: b - 'rl, \ - Q!) By Attorney for Plaintiff - . .~ _ _ _ _ M _. ~_,,~' _ _ '&._ i\ AMENDED COMPLAINT 1. The plaintiff, Linda D. Davies, is an adult individual residing at 330 Bellford Court, Cranberry Township, Butler County, Pennsylvania 16066. 2. The defendant, J. Paul Fogelsanger Insurance Agency, Inc., hereinafter referred to as "Fogelsanger,", is a Pennsylvania corporation with a place of business at 34 West King Street, Shippensburg, Cumberland County, Pennsylvania. 3. The defendant, The Cincinnati Insurance Companies, hereinafter referred to as "Cincinnati," is an Ohio corporation with a mailing address of P.O. Box 145496, Cincinnati, OR 45250-5496. 4. On February 2, 1999, the plaintiff, Linda D. Davies, and her husband, David S. Davies, owned a 1994 Chrysler Town and County minivan. 5. On the aforesaid date, Defendant Fogelsanger, while acting in the capacity as agent for Cincinnati Insurance Companies, wrote a policy of insurance with respect to the aforesaid vehicle. Said policy is numbered RRA8810633. 6. At all times relevant hereto, Fogelsanger was acting within the scope of his employment as agent for Cincinnati. 7. David S. Davies and Linda D. Davies received an insurance card indicating they were both insureds under the policy of Cincinnati Insurance, and that coverage was in effect for a period of one year. A copy of the card is attached hereto and marked Exhibit" A". 8. On November 21, 1999, Linda D. Davies was operating the vehicle and struck a deer, causing extensive damage to the aforesaid vehicle. At that time, Cincinnati Insurance Company claimed she did not have coverage because her policy had been cancelled by her agent. 9. Linda D. Davies never received notice that her policy was going to be cancelled, as is required under Pennsylvania law. "'lkF;' . t" l-; " t1 ,i ,', ,'J p " , [; ~ I: ;} r b r: ~;1 \; " '-I .' ," ,'-''_" _- "'_,_0_, 10. Defendant Fogelsanger improperly issued or caused to be improperly issued, and/or wrongfully cancelled, requested to be cancelled, or caused to be cancelled, the insurance policy on the vehicle owned by Linda D. Davies, without her knowledge or consent. 11. As a direct and proximate result, Linda D. Davies has incurred a Hnancialloss in the amount of $9,059.95. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Linda D. Davies, and against the defendant, J. Paul Fogelsanger Insurance Agency, Inc., in the amount of $9,059.95, together with the costs of suit, an amount requiring compulsory referral to arbitration under the Local Rules of Court. DOUGLAS, DOUGLAS & DOUGLAS By William P. Douglas, Esquire Attorney for Plaintiff o'~ - ~ ii;'; I"~ i~; -""" " ~" ,. "'0' s..... INSURANCE IDENTIFICATION CAlU) PA' """"ANY Cincinnati, Insurance Co. COIdlWt1" ......... 10677, POLler JlUMBER. EETEC'l'lVE DA1'E EXPIRMIOlI DA'fg BRA 8810633 02/01/99 02/01/00 YEAR 1IIAKE/MODEL VElnCLE IDBR'1'Il!'ICM'IOlI J1UJIIBEll 1994 Chrysler Town & C lC4GB54L6BX186320' AGEIlC'l/CCMRMlr ISSUDlG CARD J PAUL FOGELSANGER INS AGY INC 717-532-4154 ,. "'...... David S & Linda D Davies 25 W King st Shippensburg PA 17257 ~" ' Vp;J'-n ":-:';., '.f OP ID RT 'l'KIS CAaD wsr BE ImP:r IN THE INsum:D VEHICLE .AJilD PRZ8EN'rED UPOB' DEWAHD Dt CASE or ACCIDEH'l': ae~t a11 _i.den.ts to your AlJent/CoIqany as s~ as possib1e. Obblin the foI.lovihg iDformaticm: " 1. Name and adch:ess 'of each driver. pal!I'stmger and .i bless-. i' 2 _ Jirame of IDsw=ance Compaa.y and policy number for each Vehiole involved.. i' 50 (1/83) 50 (1/83) ,[Kh;b;t " '. /fA 1/ <' '" -"--- - >',~ - -' ~ ,C' -", " ;, ~ VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. This verification is made pursuant to Pa. R.c.P. 1024(c) by counsel for plaintiff, based upon information received. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS, DOUGLAS & DOUGLAS Dated: June 21, 2000 By William P. Douglas ,"",,~" <~~ ",<-._ . ~,. -e, , , ~---;"'" ,'x' -,-",--",___~ ',' L: ""'--_"'"'''_''''''~''-'_'"_'''':-<'~'_''=_ ^__ '-v--- ", GREGORY E. CASSIMATIS, ESQUIRE Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney J.D. # 49619 ATTORNEY FOR DEFENDANTS, The Cincinnati Insurance Companies LINDA D. DAVIES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. J. PAUL FOGELSANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCE COMPANIES No.2000-2514-CI\TUL Defendants PRAECIPE TO REMOVE CASE FROM ARGUMENT TO THE PROTHONOTARY: Please remove the Preliminary Objections of Defendant, The Cincinnati Insurance Company, from the argument list for the next date available for Argument Court. Respectfully submitted, Date: 'g'-d'-tfI) By: ~ Grego assimatis, Esquire Attorney for Defendant, The Cincinnati Insurance Company 0 0 0 c 0 .,.,! -~ ");;>0 ::.:;-.1 :s.. um ,.... mrn G5 .+~;Q Z:'..fJ ~:~$ Zr" c.~2;;~ -<"'.L..__ ~~j ~? \<0 --0 t5 :TJ ~Q -'"~ -""'0 -u r:-? o ell :Pc: -' ~ -~ r-- :1:; (Tl -< "^ .i'd 1IiililiIiIIiIi"" .~... .1 . -,," s '." ~ +",. i ". .:_..i,., :-,~--.__>__ ," ",.-, LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW v. No. 2000 - 2514 DAVID S. DAVIES and j. PAUL FOGELSANGER INSURANCE AGENCY Defendants JURY TRIAL DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. LINDA D. DAVIES, (Plaintiff) vs. DAVID S. DAVIES; j. PAUL FOGElSANGER INSURANCE AGENCY and THE CINCINNATI INSURANCE COMPANIES (Defendants) No. 2000-2514 Civil Term- 1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant, j. Paul Foge/sanger Insurance Agency, to Plaintiff's Amended Complaint 2. Identify counsel who will argue case: a. For Plaintiff: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 "-"_... Dated: ,.1, .- ,'-."," ,,~,~; - ,- ""-'- - -~'bi--.~' -, ~~ ' .., - ~"), b. For Defendant: Charles E. Haddick, Jr., Esquire Lori Adamcik Kariss, Esquire 20 South 36th Street Camp Hill, PA 17011 John J. Baranski, Jr., Esquire 35 East High Street Carlisle, PA 17013 The Cincinnati Insurance Companies P.O. Box 145496 Cincinnati, OH 45250-5496 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 26, 2000 June 26, 2000 ~11ti1'1?""i.lii~iiiil_!OllII!lj~-"'~"""""'- ~~~liJllliliil;j!~~-Ji- , '~ ~ ,. !1111 ~.= ~ ~ ~p, ~, ='".~ .' "'d< .' ,. ," .. <'-' -.> ' . (') 0 0 C 0 -n ;;;:: S: .-t -OeD ~- ~1~ =0 n'1rn -,..... Z:XJ ~ 'F; 1'-' -""'! ,I ze- "09 WJ:;: co 2'"'" 99 ;<c ""'(J ~.C-i=l ""c: 3: 90 Z ) :;;0 r:-? 51"n C :;! ~ (..) ::0 (J"\ -< t ~, . Co~\ _ _ _ . r '-~C&m~refe- nero 4if Restricted Delivery is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attich this card to the back of the mail piece, or on the front if space permits. \1' 1. Article Addressed to: -~t ~ CiVIc, nntd4. .LVIS'. ~. :~ i.o. &x 145'1-9~ C~l'\c~"nect.:.., DH 4-5J.50 -5'19 . 2. Artie. 19 fiu.D:'.... b..... '.fRO.i.f'W. ..serv/ce.l/8beJ.~: P If;, · '.' ".'!jJq '(Jl/D PS Form 3111, July 1999 c. Signature x Ivery address different from ttem 1? ES, enter deliveJy address below: 3. Se9'ice Type a-- Certified Mail o Registered o Insured Mail D Agent o Addressee DYes D No o SlWress Mail l!r"'"Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) ;; 'j, qomEtStic Return Receipt ",,, Yes 1Q2595-99-M.1789 - .. ., " ""~ ~ ". .~ .~- c'.. . - . '"'''r'' ~,.';,.,>"" ,. _co"""'" '..'i' 1 LINDA D. DAVIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CIVIL ACTION - LAW NO. 2000-2514 CIVIL TERM v. J. PAUL FOGELSANGER INSURANCE AGENCY, INC. and THE CINCINNATI INSURANCE COMPANIES JURY TRIAL DEMANDED PROOF OF SERVICE Please file this proof of service of the Arnended Complaint on the defendant, The Cincinnati Insurance Companies, in this case. DOUGLAS, DOUGLAS & DOUGLAS ~Q. July 5, 2000 By William P. Douglas, Esquire Attorney for Defendant Atty. J.D. # 37926 27 West High Street P.O. Box 261 Carlisle, P A 17013 717-243-1790 . ta:l~- -a ~~ "1IWIMtIl! "-~j~illi WiilIlliilliiiilllli~I!!ll';'" ;,- ~- ~.9~ (") 0 0 C 0 " 5:: I:- :.::! -OW c.: n1iT) r- ,";i~ Z:XJ I -~'Tl ZC;::: -~ t,J cn~:. 0> ~* ~C:~ := ~G ::;: '~O -=L-l ~rr; Pc': ~ -, ~ ~ r:- ~ <::> -< U..1 II <i I '. ,'- ' DOUGLAS, DOUGLAS & DOUGLAS 27 W. IDGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243.1790 y WILLIAM p, DOUGLAS, ESQ. Supreme Court ID,# 37926 GEORGE F. DOUGLAS, m, ESQ, Supreme Court I.D.# 61886 .-".._..............._...................~......................._................................................................................................................................._..m................................................................................ ' , ' , i IN THE CoURT OF CoMMON PLEAS a= i CUMBERLAND CoUNTY PENNSYLVANIA LINDA D. DAVIES, PLAINTIFF 2000 - 2514 CIVIL TERM VS J. PAUL FOGELSANGER INSURANCE AGENCY and THE CINCINNATI INSURANCE COMPANIES, QVIL ACTION LAW i I DEFENDANT i . ....................."......................................................"............................."....""........................."....~................................_..............................................................................................,..............M.... To: Curtis R. Long, Prothonotary PRAECIPE Please substitute the attached plaintiff verification for the counsel verification attached to the Amended Complaint filed June 21, 2000. DOUGLAS, DOUGLAS & DOUGLAS Date: July 5, 2000 by ilkr ';; lIB..... ~~. ~ , ~ ,'-~,.~ ~--- -""":''"_a "':"'~ltDiIii~itlioiLl'l!'wlii -'~-' ~ ,(J/} 9 ";'-..1\1, .u, "'''lI,~''''''' . '" . . . ,. &J' d_ I..., . .. !lLL.J . ~ ~- -" _I" ~ ." . ~- ,.. '" 0 0 0 C 0 ,1 ;;;:: L. -::-:i '""Om c nlr'r'! r ';7J Z:XJ '.- , ZC-- I "",.,I""['i Cf)g- 0> '>;0 -<Le' -,'0::: I ~o ;r.oo '::::.{Q ~o :~i.~ ....H ::c ~:~~ fj ,'-0 Pc 01'; Z .-j :< .,.. ~ 0 -< r --'. - ~ .r- COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICA nON ''- ~ '~', -','.>"" UUN 28 2tiOO I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. t?b1!~i) Date ~!J~ Wi~" '--' - . - " .~ -.~"J'~'~Iii!lfiililli'''' 7'-' ~,"''''"'-'''~'''~"~- '-miIRLl"Ljj;ji' ~_ :0.',. " ,- _'C' ^,'-' ~" --... " ~A:) , <:;:> .\t- , 0 c:: 0 -T1 s: ~ .~,~ vcr: .liD . , n1fTi i= "'",~~.,~. )'''' 2::u I ~~ ; ~~';., "< ~~ en I :, ~CJ J:::'l" I ~C) ::~ ,;;C:>2} '='0 =',- - csr-n )>.....-) - C b! z ::- ~ 5::J <=> -< __0,',. . ~~.~,...~,"""- ...,- ~" -~ - ",~,",,-- . _ k' - ~- . . "~ r..i "'. ~" '",: ~','~", """"'- -~;-R !~ li1 I" [ ~ , " [Ii ;1) 'Ii 'i] ii! ii! H ,I [1 II :~ iij ,,1 !f) I: :!J WILLIAM P. DOUGLAS, ESQUIRE ATTY. 1.0. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF LINDA D. DAVIES V. J. PAUL FOGELSANGER INSURANCE AGENCY, INC. and THE CINCINNATI INSURANCE COMPANIES IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNT~PA CML ACTION - LAW NO. 2000-2514 CML TERM JURY TRIAL DEMANDED " "1 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 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. Ii I: III ,,1 Iii :i Iii ir! I;: It: If; '1-; ,!j 1:1 Iii I' I'il " 11-1 " 1'1 'I, II " " II II Ii II :1' 'il :i II II Ii II " " , Legal Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 DOUGLAS, DOUGLAS & DOUGLAS By Attorney for Plaintiff Dated: 7 - S - C) 0 .. ",- -"',-,"-',-,-,-, ,,',..,,'", ~~ -,"- -''''J',,-' SECOND AMENDED COMPLAINT 1. The plaintiff, Linda D. Davies, is an adult individual residing at 330 Bellford Court, Cranberry Township, Butler County, Pennsylvania 16066. 2. The defendant, J. Paul Fogelsanger Insurance Agency, Inc., hereinafter referred to as "Fogelsanger,", is a Pennsylvania corporation with a place of business at 34 West King Street, Shippensburg, Cumberland County, Pennsylvania. 3. The defendant, The Cincinnati Insurance Companies, hereinafter referred to as "Cincinnati," is an Ohio corporation with a mailing address of P.O. Box 145496, Cincinnati, OH 45250-5496. 4. On February 2, 1999, the plaintiff, Linda D. Davies, and her husband, David S. Davies, owned a 1994 Chrysler Town and County minivan. 5. On the aforesaid date, Defendant Fogelsanger, while acting in the capacity as agent for Cincinnati Insurance Companies, wrote a policy of insurance with respect to the aforesaid vehicle. Said policy is numbered HRA8810633. 6. At all times relevant hereto, Fogelsanger was acting within the scope of his employment as agent for Cincinnati. 7. David S. Davies and Linda D. Davies received an insurance card indicating they were both insureds under the policy of Cincinnati Insurance, and that coverage was in effect for a period of one year. A copy of the card is attached hereto and marked Exhibit" A". In the alternative, if the aforesaid is incorrect or found to be incorrect, then the defendant, through its agent, misrepresented to Linda D. Davies that she was in fact covered with insurance for a period of one year, and Linda D. Davies relied thereon, to her detriment. 8. On November 21, 1999, Linda D. Davies was operating the vehicle and struck a deer, causing extensive damage to the aforesaid vehicle. At that time, Cincinnati Insurance Company claimed she did not have coverage because her policy had been cancelled by her agent. -,~" - ,.".." '~.'~--. ~" .-~ '~, :]~j,; 9. Linda D. Davies never received notice that her policy was going to be cancelled, as is required under Pennsylvania law. 10. Defendant Fogelsanger improperly issued or caused to be improperly issued, and/or wrongfully cancelled, requested to be cancelled, or caused to be cancelled, the insurance policy on the vehicle owned by Linda D. Davies, without her knowledge or consent. 11. As a direct and proximate result, Linda D. Davies has incurred a financial loss in the amount of $9,059.95. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Linda D. Davies, and against the defendant, J. Paul Fogelsanger Insurance Agency, Inc., in the arnount of $9,059.95, together with the costs of suit, an amount requiring compulsory referral to arbitration under the Local Rules of Court. DOUGLAS, DOUGLAS & DOUGLAS By William P. Douglas, Esquire Attorney for Plaintiff . .,'~"" ," ';.- ': ...",~, , i' . ,':,' INSURANCE IDENTIFICATION CARD S'rAn: PA' c:c::II2AK1 l1\1tlIBEll CiOKDA1IY 10617'. Cincinnati. Insurance Co. . POLler 1!lVWBEEl BRA 8810633' ElTECTlW _ 02/01/99 n:Aa """""""" 1994 Chrysler Town &.C AC1C1lCr/COlIPNn ISSVDlG CARD -J:XP~ioa nA'l'B . 02/01/00 VE:InCU!: mE>>'t~reu1:OtI I!rUt&I:D. 1C4GHS4L6RX186320. 111-532-4154 , ,'I ,. J PAUL FOGELSANGER INS AGY INC :or........ David S & Linda D Davies 25 W Xing st Shippensburg . PA 11251 0"; ,-, ''I;, '-"';;."';',. OP ID RT -1 DIS ORD lIOS'f BE KEPT Df 'fBE DlSURED I VEltIC1.lI: AJm W!:8Elil'tED VR08 DEtGllD ! III CAS!: or .ACClDEtft': Report aU. aocd.cleDts to ~ 1q$At./~. a$ c~ as: possible. I. Obbia the: fol1.oring int"onaatiOD.: I ./ ~. Jraae aQd. adcb:ess "of each driYeJ:, j passenger and ribes.. 2~ .aae. of. I:nsur~ ~ utrI polley ~ for eaoh 'Vd:dCle invo1W>l1. 50 (1./83) 50 (1/83) fKhihf'f r; '. IrA II. ~ o , '^'" '"--P""'- " ,.... -"'"~,; . . . . VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. iJ This verification is made pursuant to Pa. R.c.P. 1024(c) by counsel for plaintiff, based upon information received. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS, DOUGLAS & DOUGLAS Dated: July 5, 2000 By William P. Douglas - 0__ ~ ~ _ d <, . ,~,-, .-.-"' - _ ..,',,",-.,,-, ,. ,-' ,- .,. ~ - "'."2' '_'_ ""',,,;,}_",;,_, ._-~----~- - 't- 1'-.... DOUGLAS, DOUGLAS & DOUGLAS 27 W. mGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 x WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, ill, ESQ. Supreme Court 1.0.# 61886 ~""""'''''.....m......''''''''''''''''''''''''''''''''''''''''.................................................................................O:....................................................mmm.........."........................,,,.......nm....................................~ : i IN THE CoURT OF CoMMON PLEAS CF : I . LINDA D. DAVIES, CUMBERLAND CoUNlY PENNSYLVANIA PLAINTIFF i : , 2000 - 2514 CIVIL TERM VS I ! , DEFENDANT L........~..........."..........................~...................................................,.."........................................A................~.n..............................."... J. PAUL FOGELSANGER INSURANCE AGENCY and THE CINCINNATI INSURANCE COMPANIES, aVIL ACTION LAW To: Curtis R. Long, Prothonotary PRAECIPE Please substitute the attached plaintiff verification for the counsel verification attached to the Second Amended Complaint filed July 6, 2000. Date: July 10, 2000 _~d'~' = _~ ~ - - -~--. -~--~--~~ -, ~ , .(, "' ~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. 7 O&/1fCD Datf' b,jJJ)~ Linda D. Davies r...;"" ............'lib. ~ ,.-". ~ ~ ~.i~:.iiL ~'(Ij. frilL ~-, (") 0 0 c c::> ~rj -c '- ""OrE t:: T: I~] r- ,-::.:: .."1 ;'r; a , ' , -<,;''''< ~~ !?c; -n :....-;""' :!: 2\..1 'is:C1 ~ urn ~f; :;;;! ""'- i'V :0 ~ 0;) -< ~ " . ".~ ~.~r...,"" _~,~ . ~ , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ------------------------------------~--------------------------------------------------------------------------------------------------- LINDA D. DAVIES Plaintiff vs. DAVID S. DAVIES; J. PAUL FOGELSANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCE COMPANIES Defendants No. 2000 Civil 2514 20 00 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant demurrer to complaint, etc.): Preliminary Objections of Defendant, The Cincinnati Insurance Companies to Plaintiff's Amended Complaint 2. Identify counsel who will argue case: (a) for plaintiff -William P. Douglas, Esquire Address: 27 West High Street P.O. Box 261 Carlisle, PA 17013 (b) for defendant:- Gregory E. Cassimatis, Esq. Address: 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Charles E. Haddick, Esq. 20 South 36th Street Camp Hill, P A 17011 (J. Paul Fogelsanger Insurance Agency) John J. Baranski, Esq. 35 East High Street Carlisle, P A 17013 (David S. Davies) 3. I will notify all parties in writing within two days that this case has been listed for argument. ~- .~ ,~ :.> - 4. Argument Court Date: August 30, 2000. Dated: 7-13-00 i!~ti~.Iti!l~Iil~jll!j~~~!1Ii~-- n.] -!l.Jjj~" '" o' .--- .'. iJ;;r'''-~1l'''~ ~.. '"" ..' ',. --- - - 0 P ~'/i C P g: (.... -u ex; - -,-. g.1 q'-~ P i .--- - \::-;} ze , ~'~~.;~: G..J ~~l yO -~t:'! )>r>. --- ;~;}~ ~(5 ::v c: .:.., Z - ~ ~ ::2 "" ='..:.: - -, . ~ !Iti!~:!_! 1:1 ! i r; i WILLIAM P. DOUGLAS, ESQUIRE ATTY. 1.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF I , , "j LINDA D. DAVIES V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CIVIL ACTION - LAW -:1 I,; I;' , ,,:) J. PAUL FOGELSANGER INSURANCE AGENCY, INe. and THE CINCINNATI INSURANCE COMPANIES NO. 2000-2514 CIVIL TERM I': JURY TRIAL DEMANDED '" I', , ;'. '1 PLAINTIFF'S ANSWERS TO PRELIMINARY OBJECTIONS OF DEFENDANT, THE CINCINNATI INSURANCE COMPANIES, TO PLAINTIFF'S AMENDED COMPLAINT 1. PRELIMINARY OBTECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFF'S COMPLAINT ~j 1;1 ;'j r, ~,! H ,! H n , 1. Admitted. 2. Admitted. n " 3. Adrnitted. E i' 4. Admitted. 5. Denied as stated. The plaintiff was advised there was not coverage because her policy had been cancelled by the agent of Cincinnati. 6. Admitted. 7. Denied. It is clearly stated that she was an insured pursuant to the card she was issued. 8. Denied. This is an incorrect statement of Pennsylvania law. Notices are to be given to all individuals who have an interest in the ownership of the vehicle. , "-co' , ' 9. Denied as stated. Linda D. Davies was also given a proof of insurance card, which indicated that she was an insured under the Cincinnati policy. 10. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the preliminary objections of The Cincinnati Insurance Companies be dismissed/denied, and that The Cincinnati Insurance Companies be compelled to file an Answer to the Second Amended Complaint. II. PRELIMWARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC PLEADING 11. The plaintiff incorporates by reference the responses to paragraphs 1-10 above as if fully set forth at length. 12. Denied. It is admitted that the statutory section number is not in the Complaint; however, it is not necessary to plead statutory numbers in the Commonwealth of Pennsylvania. 13. Denied as a legal conclusion to which no response is necessary. 14. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that Defendant, The Cincinnati Insurance Companies. Objection/motion be dismissed/denied. Respectfully submitted, DOUGLAS, DOUGLAS & DOUGLAS Dated: July 18, 2000 BY\'~ William P. Douglas, EsqUIre Attorney for Plaintiff ~~~- " ,>~ }~,,'-j il !'" ~ ~ : " Li i: " I' ii I. " i" , j !i :i :,: ;1 I I !:i " 1 <j i ii I ::1 ,I 1 , ,1 r! :i :1 :.1 '1 1'1 , >1 ! ~ ! , " , :, U :l :J :! :-1 , ,. rl II 'I !J ;"~ . ' .. I) !:- CERTIFICATE OF SERVICE ,: , '" " AND NOW, this 18th day of July, 2000, I, William P. Douglas, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the within Answer to Preliminary Objections on this date by depositing same in the United States mail, postage prepaid, in Carlisle, Pennsylvania, addressed to: ~ " f; ii [I Charles E. Haddick, Jr., Esquire Marshall & Haddick 20 South 36th Street Camp Hill, P A 17011 i..: I: I: c.. r: i< ~.,: )1 [.~ I, John J. Baranski, Jr., Esquire Office of Dale F. Shughart, Jr. 35 East High Street, Suite 203 Carlisle, P A 17013 :c., " Gregory E. Cassimatis, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicburg, P A 17055 " i !: I i [, " [ Ii i- , Dated: July 18, 2000 Q -:I William P. Douglas, Esquire Attorney for Plaintiff :~ t! '; :1 ii I ~ I' Ii i! i~ ;"'-," , ~, - .L~ "' ,- -~;c.~ ~ ", - " ;,.' ,,-.-. ~< ~,'- - . , Linda D. Davies, Plaintiff :In the Court of Common pleas of :Cumberland County, pennsylvania v. :Civil Action - Law David S. Davies, J. Paul Fogelsaner Insurance :2000 - 2514 Civil Term Agency, Inc and The Cincinnati: Insurance Companies, Defendants Defendant Davis S. Davies Reply to Cincinnati Insurance Companies' New Matter in the Nature of a Crossc1aim Against Him 24. The averments of paragraph 24 state a conclusion of law to which no reply is necessary. In the event a reply is necessary, the averments are denied. On the contrary, Defendant David S. Davies was not negligent, careless or reckless and did not in any way cause or contribute to Defendant Cincinnati Insurance Companies' l~ability to the Plaintiff. 25. The averments of paragraph 25 state a conclusion of law to which no reply is necessary. In the event a reply is necessary, the averments are denied. On the contrary, Defendant David S. Davies was not negligent, careless or reckless and did not in any way cause or contribute to Defendant Cincinnati Insurance Companies' liability to the Plaintiff. WHEREFORE, Defendant David S. Davies demands judgment in his favor and against Plaintiff. Respectfully Date: rf; / OD Jo J. Baranski, Jr. Esquire Shughart Law Office 35 East High Street, Suite 203 Carlisle, PA 17013 Attorney for David S. Davies . . ..--' __ ex ",' '<,'- ", _ __>,J ","", ~_o,:._" I ve:rity that the statements made in this Reply are true and correct. I understand that false statements herein are made subject to the penalties unsworn falsification to Date: i/3f VERIFICATION of 18 Pa. C.S. ~4904, relating to authorities~~ David S. Davies '. ,. :1; ii; ii. i;! Ii: i; ii I', ( :~ : i:, I'. ii' Ii; 1\ '; t i' i I' I: ,. " , ~- -. -",.--",-' :,1, j, I, .- .... GREGORY E. CASSIMATIS, ESQUIRE Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attomey I.D. # 49619 ATTORNEY FOR DEFENDANTS, The Cincinnati Insurance Companies LINDA D. DAVIES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID S. DAVIES, J. PAUL FOGELSANGER INSURANCE AGENCY, INC. AND THE CINCINNATI INSURANCECOMPAN1ES No.2000-2514-CNIL Defendants REPLY TO NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) DIRECTED TO DEFENDANT, THE CINCINNATI INSURANCE COMPANIES 38. Defendant, The Cincinnati Insurance Companies incorporates by reference it answers to , paragraphs 1 through 37 of Plaintiffs Complaint as if fully set forth at length. 39-40. Denied. The allegations contained in paragraphs 39 and 40 ofthe New Matter of Co- Defendant, J. Paul Folgelsanger Insurance Agency contain legal conclusions to which no responsive pleading is required and the same are deemed denied. .- .. Date: _ ^N ''', "__~" ___ .,-.-'< - - ,-,-, - ,~' '" ,~ __'O_'''~ ':- '."",L-"" -~, ",,~ ',,,-:;_,, .,.c,',"',. ". " " ';"~",;~':i WHEREFORE, Defendant, the Cincinnati Insurance Companies, respectfully requests that your Honorable Court dismiss Plaintiffs Complaint against it, or, in the altemative, , I I II II II !i i~ " I' '1'1 I I ~ II 'I h i II " I II !I I, ,I II 'I I, " Ii II I' Ii j! 'I I, , I , I I grant judgment in its favor and against all other parties. Respectfully Submitted, 9~S-tfb By: Grego assimatis, Esquire Attorney for Defendant, The Cincinnati Insurance Companies "",., -_ .'~-. _'..~." -.co_v~' "0-' -~ "'. ',,-,-," ,-_=",-""~_",_"=",,,o__\,,.;~,,_"-__,",_,- -",,,;'-~.'=_ ',~C" .- ... CERTIFICATE OF SERVICE AND NOW, this s!J day of ~b..1' , 2000, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, The Cincinnati Insurance Companies, hereby certify that I served a copy of the within Reply To New Matter Pursuant To Pa.R.C.P. 2252(d) Directed to Defendant, The Cincinnati Insurance Companies on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: William P. Douglas, Esquire Douglas, Douglas, & Douglas 27 West High Street P.O. Box 261 Carlisle, P A 17013 Lori Adamcik Kariss, Esquire Marshall and Haddick, P.C. 20 South 36th Street Camp Hill, P A 17011 John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, P A 17013 Date: 9 r> --tf7J , By: Gregor;,: . Cassimatis, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 AttomeyI.D. # 49619 - ,-- '-- L I , I I I, Ii f1 u i' ,I n 1:1 1" 'I 1:i I;i II fJ "I h 11 " I!j I'} Ii " H 1 1 II Ii Ii u 1 I I'j II I !I :'1 'I " " I] I' 1 [I 'I !J " " Ii " I' 11 ,: " , ij lil"""'-.''''' .".L!.!;l: .,1.1 " II ~~ c~_.",_" ".~",_ ~, - '-"~-I" ~ , ;..;':'~. -~,..,,' ,.-,,-,. ~'-" ;"~" '- ~. o f;~ -Ge-: qJL-,:-:- 5~r.. (/) ,~--: ~k 2: :;} ."" C.J- C) ~,/') '1'1 'J I (Y'l &1'.'} ::.'.) ",--I ,,~fi~ :x.J -< .:::J <::> .. -. '-:: S~) - . - .. ,-, ..~- ''''' '" _ 0 ' ~ '-.-.'-, "- "Ie..- ~-~,-.><' "'",," ""'-' ,-C,_.'., i, ..... (i r< Linda D. Davies, Plaintiff :In the Court of Common Pleas of :Cumberland County, Pennsylvania [ , v. :Civil Action - Law David S. Davies, J. Paul Fogelsaner Insurance :2000 - 2514 Civil Term Agency, Inc and The Cincinnati: Insurance Companies, Defendants , I Defendant Davis S. Davies Reply to J. Paul Fogelsanger Insurance Agency, Inc.'s New Matter in the Nature of a Crossclaim Against Him ~: ~: to which no reply is necessary. In the averments are denied. On the the event a reply is Defendant k I , I I t: t' n' ,,; 35. Admitted. 36. The averments of paragraph 36 state a conclusion of law necessary, David S. Davies was not contrary, contribute to Defendant negligent did not in J. Paul Fogelsanger Plaintiff. any way cause or Insurance Agency, Inc. 's liability to the i' ~: 37. The averments of paragraph 37 state a conclusion of law to which no reply is necessary. necessary, the averments are denied. In the event a reply is On the contrary, Defendant David S. Davies was not negligent and did not in any way cause or contribute to Defendant J. Paul Fogelsanger, Inc. 's liability to the Plaintiff. WHEREFORE, Defendant David S. Davies demands judgment in his favor .and against Plaintiff. John . Baranski, Jr. Esquire Shughart Law Office 35 East High Street, Suite 203 Carlisle, PA 17013 Date: rAr/&V Attorney for David S. Davies ., . fi " i', , , , " H , VERIFICATION r; I verify that the statements made in this Reply are true and correct. I understand that false statements herein are made subject to the penalties unsworn falsification to of 18 Pa. C',S. ~4,90;' ;;\ing authoriti~~ ~ David S. Davies to Date: ?////cv - [{ i' , h " , ;; I: (- , , , r'! I'~ !: " I' Ii i: i: i' t: I: I: I' I: I; 1 j: i' ~i n . ~ -.,1- ,-', ,J ., ~',,- ,,:." " ,_ " -,- l<'" ~::"L" ,..-'-'- ,;-<;.U', ,e. ;:'1 ,~i \1'1 Ii 'il 'Ii 'j , 'Ji 'fi ::1 ili l~,i III ( ~i 'I ,'I 1\1 " 0' ti i.1 I" I~! I" I~i 1:1 ,eo i!j ~1 Zi }1 1['] Ifi Wi ;1! ,-I ," it] I~j rl ~' Irj II i"< Ii'! ti [i ~ I "I if] ", ~ 1 [Ii ," II ri \-1 II Ii Ii ~ l1 " fj !-j . Linda D. Davies, Plaintiff :In the Court of Common Pleas of :Cumberland County, Pennsylvania v. :Civil Action - Law David S. Davies, J. Paul Fogelsaner Insurance :2000 - 2514 Civil Term Agency, Inc and The Cincinnati: Insurance Companies, Defendants Certificate of Service I, the undersigned, hereby certify that I have served a true and correct copy of Defendant David S. Davies Reply to New Matter in the Nature of a Crossclaim by placing the same in the United States mail at Carlisle, Pennsylvania, Regular Mail, on this 12 day of September, 2000 and addressed as follows: Linda D. Davies C/O William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Cincinnati Insurance Co. C/O Gregory E. Cassimatis, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 J. Paul Fogelsanger Insurance Agency C/O Charles E. Haddick, Esquire Marshall & Haddick, P.C. 20 South 36~ Street Camp Hill, PA 17011 John J Baranski, Jr. Esquire Shughart Law Office 35 East High Street, Suite 203 Carlisle, PA 17013 Attorney for David S. Davies ~~~" "" " ,. .,-- .,," -- h i' !__1 !-," L: , LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ;~:i Plaintiff ~~I CIVIL ACTION-LAW > ,': , v. ".I No. 2000 - 2514 DAVID S. DAVIES, j. PAUL FOGElSANGER INSURANCE AGENCY and THE CINCINNATI INSURANCE COMPANIES I:'! I:: , Defendants JURY TRIAL DEMANDED i-:; REPLY OF DEFENDANT, j. PAUL FOGElSANGER INSURANCE AGENCY, TO NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) OF DEFENDANT, THE CINCINNATI INSURANCE COMPANIES "i ~:: I':' ~; AND NOW, comes Defendant, j. Paul Fogelsanger Insurance Agency, Inc, by and through its counsel, Marshall & Haddick, P.c., and responds to the New Matter Pursuant Pa. Ii R.C.P. 2252(d) of Defendant, the Cincinnati Insurance Companies as follows: I" I 24. Denied. It is specifically and unequivocally denied that if Defendant, the n ! Insurance Agency, Inc acted in a careful, proper, prudent and reasonable manner at all " ~ ~:i l' ~ i,i k ;1 n " , i! I 1 Cincinnati Insurance Companies, is liable to the Plaintiff, that said liability was caused or contributed to by negligence, carelessness and recklessness of Defendant, j. Paul Fogelsanger Insurance Agency. By way of further response, Defendant, j. Paul Fogelsanger times relevant hereto. The remaining allegations in Paragraph 24 are denied. Answering Defendant incorporates by reference its Answer with New Matter and Pursuant to Pa, R.C.P. 2252(d) to Plaintiff's Second Amended Complaint as if fully set forth herein. 25. Denied. It is specifically and unequivocally denied that Defendant, J. Paul Fogelsanger Insurance Agency, Inc is solely liable to Plaintiff or liable over to Defendant, --".1 ,.- ""f_ '" ,";"--,-" "'-"-0'_'_-' the Cincinnati Insurance Companies, or jointly and severally liable to the Plaintiff in this matter. On the contrary, Defendant, j. Paul Fogelsanger Insurance Agency, Inc., acted in a careful, proper, reasonable and prudent matter at all times relevant hereto. By way of further response, Defendant, j. Paul Fogelsanger Insurance Agency, Inc., incorporates by reference its Answer with New Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) to Plaintiff's Second Amended Complaint as if fully set forth herein. WHEREFORE, Defendant, j. Paul Fogelsanger Insurance Agency, Inc., respectfully requests that this Honorable Court grant judgment in its favor and against all parties. Respectfully submitted, MARSHAll & HADDICK, P.c. Date: September 7, 2000 drr0 Q~ ij)VJ;V;o Charles E. Haddick, jr., Esquire Attorney I.D. No: 55666 Lori Adamcik Kariss, Esquire Attorney I.D. No: 66465 20 South 36th Street Camp Hill, PA 17011 (71 7) 731-4800 Attorneys for Defendant, }. Paul Fogelsanger Insurance Agency, Inc. , - -. ..;'" 'C' ~",'__ n" ~ ~ r:: Iii I~ I"~ :~: . f: i~i ~ "- ~ ,\ VERIFICATION ;;, , ~ ~ r;i ~ ~ ~ ~ I, hereby verify that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of ,[ ~ ~ ~ ),: J;- 18 Pa.CS. ~4904, relating to unsworn falsification to authorities. ii,' Date: >0- ~: f: ~ , ': ~: :'; ~-~ , ~ ~:' '- P: r ~ !: ,. [ ! -' ~ "" ,~ -". -~:,{ : CERTIFICATE OF SERVICE AND NOW, this /pay of ~)' ,2000, I, Lori Adamcik Kariss, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all fi Ii i:i ii 'I II '-; il :1 'I , 11 i I, II " ii I, II :'! counsel of record by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: :,1 "I ii 'ii Ii (! i William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff ,-j 'I " r-:! r,: ti I! John J. Baranski, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Attorney for Defendant David S. Davies Ii , I I i I, , I Gregory E. Cassimatis, Esquire BERLON & TIMMEL 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant, The Cincinnati Insurance Companies ~ arJ~ {iMw Lori Adamcik Kariss, Esquire !il......~ lIiIi_' L. I" "'''~'",,-_.= ~liil' -,",-," ~. ~_m ." "~ " , 1 -'Ii ~" ......'1!Iidlig; ~ ~ ~~~ c~t\-: ~~- (;) ~~; -C-,. ' / ' ~:---: -?'- '( ~~ .c/_: C-\ C,--' ,-.0 :.71 ~_.,:J (~: _.,}'1 '-,,__.C-, ~ ~'_: , -I' ~;l_o -t, -;1 <f?\ ~:~ 0.;:) :..c.: ~d :.....) (::) , f I" I',: i_: 1-, ; " I: WILLIAM P. DOUGLAS, ESQUIRE ATTY. LD. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. lllGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF I I' I) " I, i: I;: ; ~J !; fl v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CML ACTION - LAW NO. 2000-2514 CML TERM ; fj '01 ._,j LINDA D. DAVIES I~ , J. PAUL FOGELSANGER INSURANCE AGENCY, INC. and THE CINCINNATI INSURANCE COMPANIES ':] ') JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT. FOGELSANGER INSURANCE AGENCY. INC.. TO PLAINTIFF'S SECOND AMENDED COMPLAINT 12. The allegations of the Plaintiff's Second Amended Complaint are incorporated herein and reference is made thereto. ,:J j1 ,; 13. Denied as a legal conclusion to which no response is necessary. i'i Ii L lj Ii Ii ~ 14. Denied as a legal conclusion to which no response is necessary. 15. Denied. The allegations of the Plaintiff's Second Amended Complaint are incorporated herein and reference is made thereto. 16. Denied as a legal conclusion to which no response is necessary. 17. Denied as a legal conclusion to which no response is necessary. 18. Denied. The plaintiff was not contributorily negligent and relied on the representations of Fogelsanger and The Cincinatti Insurance Companies that she was covered by insurance. 19. Denied. The reply to paragraph 18 is incorporated herein and reference is made thereto. 20. Denied. The allegations of the Plaintiff's Second Amended Complaint are incorporated herein and reference is made thereto. , , c " __ ~ . '.~'" " -". >,,'-"-'--' --','-"-"" ~-",-"""-dr' -~.~ "- ,;, - ,.:",-",..."i'''"--'''"''''~,>-." ' "il I 'II 21. Denied. The allegations of the Plaintiff's Second Amended Complaint are incorporated herein and reference is made thereto. 22. Denied as a legal conclusion to which no response is necessary. 23. Denied as a legal conclusion to which no response is necessary. 24. Denied. Defendant Fogelsanger represented that the plaintiff was covered by insurance. 25. Denied. It is reasonable for the plaintiff to rely on the representations of Defendant Fogelsanger. 26. Denied as superfluous and not relevant to the issue at hand. 27. Denied as superfluous and not relevant to the issue at hand. The plaintiff was a named owner of the vehicle in question, and it was represented to her that the vehicle would be insured by The Cincinnati Insurance Companies, and that the vehicle had previously been insured with a prior carrier. 28. Denied as superfluous. Fogelsanger was negligent for failing to provide coverage as promised to Linda Davies. Her residence is irrelevant, as she was an owner of the vehicle. 29. Denied. After reasonable investigation, the plaintiff is without knowledge as to the truth or veracity of the allegation and strict proof thereof is demanded. 30. Denied. At no time was Linda Davies informed that coverage on the vehicle was going to be cancelled. 31. Denied. The answer to paragraph 30 is incorporated herein and reference is made thereto. 32. Denied. At no time did the plaintiff knowingly use a false insurance identification card. If it was false, it is what was provided by Fogelsanger Insurance Agency. 33. Denied. The answering defendant does have a duty as agent for The Cincinnati Insurance Companies. 34. Denied. Fogelsanger had a duty to the owners of the vehicle to properly insure the vehicle. --~~ .- "' '"'''' ",,__," ';,'-1: :,., "-' ,'.",.,-;,0 ,~___ "" i_',~":,J,~_" " "'-'-W-,! WHEREFORE, it is prayed that the new Matter of Defendant, J. Paul Fogelsanger Insurance Agency, Inc., be dismissed. 35. - 40. Not applicable to replying plaintiff. DOUGLAS, DOUGLAS & DOUGLAS By Attorney for Plaintiff -,,-,- ,.1 , ~', ~- ie",- ,'--t,". i",,'~ -J;_ . "'''-'-'' ,,&0;,,' e'""" ~S',~;:,;.-",_,-,"" 0" ~",".;' .,~,;,-' I '1 , 'I I ~j [~ ~ rj ~j :':1 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. ;1 ;1 H 1:1 'I I fi .1 'i f:i 1 .1 I [J I~ 11 Ii :1 :! J 'I " il I 'I '1 ~ [1 II ,I I ;1 II :1 1 [, i 1] iJ li I " 11 c I , ~ J I , VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. ~~h Date ~)AO ~O~ inda D. Davies . , .. , - " I ^ -.~ d _' _ ,. ~",,' ~" .,'," ',r<';"'>",-'h ';-,'i "---j fl '1 i " 'i :'i ". ~ ~ WILLIAM P. DOUGLAS, ESQUIRE ATTY. LD. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. mGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF , 'i " " [] ~ I " [j :1 n " "-j "I ,J II ;,i U I iJ i:'i I-j 1;-: I"! I': LINDA D. DAVIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CNIL ACTION - LAW NO. 2000-2514 CNIL TERM JURY TRIAL DEMANDED ;j 11 i'j v. J. PAUL FOGELSANGER INSURANCE AGENCY, INe. and THE CINCINNATI INSURANCE COMPANIES PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT. THE CINCINNATI INSURANCE COMPANIES. TO PLAINTIFF'S SECOND AMENDED COMPLAINT Ii rJ ,] Ii f,I [~ 1 '1 ii 12. Denied as a legal conclusion to which no response is necessary. ;, :i rl 13. Denied. After reasonable investigation, the plaintiff is without knowledge as to the truth or veracity of this allegation, and strict proof thereof is demanded. " ~J \j i1 [j ~ ti !'i 11 fi Ii 'J Ii ;] " ij [1 li " :l 1 " \ I 14. Denied. It was represented to Linda Davies that she was also a named insured under The Cincinnati Insurance Companies' policy. 15. Denied. A contract was entered into by the agent of The Cincinnati Insurance Companies with the plaintiff. 16. Admitted. 17. Denied as a legal conclusion to which no response is necessary. 18. Denied as a legal conclusion to which no response is necessary. 19. Denied as a legal conclusion to which no response is necessary. In addition, Cincinnati is at liberty to join anyone they believe is an indispensable party. 20. Denied as a legal conclusion to which no response is necessary. ';';" .',1 '" ' , ,'I -., ,",',,> ',",':"-'" ""~ v '" ,) ~ , U 1'4 - ... 21. Denied. Linda Davies was issued an insurance card which indicated she was a named insured. 'Cj " "j 22. Denied. Defendant, Cincinnati, failed to properly list Linda Davies as a named insured. r~ iI ~~ 23. Denied. The accident date was November 21,1999. The transfer of the title into plaintiff's name alone was completed January 21, 2000. WHEREFORE, it is prayed that the New Matter of Defendant, The Cincinnati Insurance Companies, be dismissed. ;'1 ;1 co' !ii te, ::1 I~ i:~ ,--! 24. Not applicable to replying plaintiff. :j L'j l" r;; I: I.: h 25. Not applicable to replying plaintiff. " f'l By . Attorney for Plaintiff -- ~. " j 'j !;j ',j " ~! 1;1 f1 I'! i~ ~i ',1 DOUGLAS, DOUGLAS & DOUGLAS U i,l ~i ;:. ,:; I:! ;:; ;;J I"~ i,i t! (~ ., -,-,I '" .' .-' . . ~' -' ~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. 9/1/00 Date ' ~~~_I~{J /Ja1;~ L' da D. DaVIes ___'__O'~,'" '........,,',' ",,~->-,' -'='"," """i, ,I il 1 'I '1 Ii 'I 'I '. ii 1:_'1 i', :_j :j ;1 ,'i F! ;! iJ \i :i l1 ~ "1 '-i :,1 I" hi I iil II II D , 'I , ,I '" H i-I H i' .c~_-'- '~'-"""'" ~' ,- L"...J.~~~~"~~~, _~~~-i ,( S 2'2 01 (__~ cLI,-df I $.d~~_ ~"~ '\1 \\ \J~- --. ...... \ 1-- '~" ,--- - - f LINDA B. DAVIES Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 00-2514 CIVIL TERM / DAVID S. DAVIES and J. PAUL FOGELSANGER INSURANCE AGENCY, and the CINCINNATI INSURANCE AGENCY, Defendants IN RE: ARBITRATION ORDER OF COURT AND NOW, May 22, 2001, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, John Broujos, Esquire, shall be paid the sum of $50.00. By the Court, P.J. John Broujos, Esquire Chairman Court Administrator :ssg ~~'If """'~__lIIDillIl'l'il,lr"~ -~, -Jiiiii ""....~, J { " r ~~~~ .-"'lollitliilwi~lI:*," J '~,~ ~'^ , I ~f r p " tf;~ , 0- -... \m""/Y"Q'"<:1 ' , , ~~v~ ~d :.JJ\vl\I\:,..Ic.; A!j\[l i" ,-} r ;\!\fr :-;rl~f,ll'l~ -." !I .'....~ '_ 'i, 'J-.:':~.i~llv i U :'J h? : ;',':,-1 'v i'1 (7,~ In . ',~ _.4-rr.1iiil<\al"- DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POD 261 CARLlSLE PA 17013 TELEPHONE 717-243-1790 " ~'1IK ' x WIlLIAM P. DOUGLAS. ESQ. Supreme Court 1.0.# 37926 GEORGE F. DOUGLAS, IiI, ESQ. Supreme Court 1.0.# 61 886 r- I I LINDA D. DAVIES, I I I I i i PLAINTIFF I I ! i i i i I i . DEFENDANT I VS DAVID S. DAVIES, J. PAUL FOGEL SANGER INSURANCE AGENCY, INC., & THE CINCINNA~I INSURANCE AGENCIES, To: Curtis R. Long, Prothonotary IN lHE CouRT OF CoMMON PlEAS a= OJMBERLAND CoUNTY PENNSYLVANIA 2000 - 2514 CIVIL T8'f;1 QVIL AcnoN LAw PRAECIPE Please mark the above-captioned matter settled and discontinued. f~ +- ~~ 6)~, ~ ~ CV- Date: July 3, 2001 by DOUGLAS, DO ~Q.