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HomeMy WebLinkAbout97-00425 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Horne, plaintiff No. 97-425 Civil Term . . . . v. : civil Action - Law Lititz Mutual Insurance Company, Defendant . . . . MOTION OF DEFENDANT FOR ORDER OVERRULING OBJECTIONS TO SUBPOENAS AND NOW, this 6th day of July 1998, comes the Defendant, Lititz Mutual Insurance Company, by its attorneys, stetler Ii. Gribbin, which moves for an Order overruling the objections to subpoenas on the following grounds: 1. On January 29, 1996, Cheryl J. McSherry allegedly had jewelry and a computer, amounting to the sum of $54,740.00, stolen from her home. 2. On January 31, 1996, Cheryl McSherry informed Shiner Insurance Agency of an alleged theft and made claim for the sum of $52,000.00 under a policy of insurance which Shiner Insurance Agency wrote for Lititz Mutual Insurance Company on the jewelry and the computer. 3. On January 27, 1997, Cheryl J. Horne commenced suit by Complaint against Lititz Mutual Insurance Company, demanding an award of damages in the amount of $54,740.00 on a policy of insurance which Shiner Insurance Agency wrote for Lititz Mutual 1 Insurance Company on jewelry and the computer, docket No. 97-425, Court of Common Pleas, CUmberland County, PA. 4. On July 17, 1997, CherYl J. Horne commenced suit against General Accident Insurance Company, claiming an award of damages in the amount of $54,740.00 on a policy of insurance with General Accident Insurance Company for items of jewelry and a computer alleged to have been stolen from the home on January 29, 1996. See docket No. 97-3869, Court of Common Pleas, CUmberland County, PA. 5. On May 5, 1998, Cheryl J. Horne, formerly Cheryl J. MCSherry, commenced suit by Writ of Summons against Shiner Insurance Agency. See docket No. 98-2565, Court of Common Pleas, CUmberland County, PA. 6. Lititz Mutual Insurance Company conditioned its insurance as follows: 2. Concealment or Fraud a. Under SECTION I-PROPERTY COVERAGES, with respect to all "insureds" covered under this pOlicy, We provide no Coverage for loss under SECTION I-PROPERTY COVERAGES if, whether before or after a loss, one or more "insureds" have: (1) Intentionally concealed or misrepresented any material fact or circumstance1 (2) Engaged in fraudulent conduct1 or (3) Made false statements. relating to this insurance. 7. Lititz Mutual Insurance Company asserted as an affirmative defense the concealment or fraUd of CherYl J. MCSherry. 8. Motive is circumstantial evidence of fraUd. 2 9. Cheryl McSherry testified that she borrowed a lot of money, "like $30,000.00" from Jeanne Lukowski in return for her jewelry. 10. Cheryl J. McSherry testified that her mother, Jeanne Lukowski, loaned her money for a roofing business, Kitzmiller Commercial Roofing, in 1992 and in 1993. 11. Kitzmiller Commercial Systems, Inc. had obligated itself to pay and satisfy in full certain debts owned by Neidig Roofing Company of York, Inc. a/k/a NRY, Inc. to Dauphin Deposit Bank and Trust Company, including: a. Equipment line of credit loan of $130,000.001 b. Commercial line of credit loan of $298,000.00. 12. Kitzmiller Commercial Systems, Inc. was owed money on a claim against Pennsylvania Manufacturer's Association Insurance Company or J. Vinton Schafer, Inc. for claims arising out of a construction project at the National Business Park for which an insurance claim had been filed. 13. On April 28, 199B, Defendant, Lititz Mutual Insurance Company, notified Samuel L. Andes, Esquire, counsel for Cheryl J. Horne, of the intent to serve a subpoena upon Pennsylvania Manufacturer's Association Insurance Company and Dauphin Deposit Bank & Trust Company, attaching a copy of the subpoena proposed to be served to the Notice, copies of which Notices are attached hereto as Exhibits A and B. 3 14. On April 29, 1998, Jeanne Lukowski testified that she placed all of her daughter's jewelry into a safe deposit box at Financial Trust Bank. 15. On May 18, 1998, Plaintiff served Objection to Proposed Subpoenas, allegedly filed. 16. On May 22, 1998, Defendant, Lititz Mutual Insurance Company, notified Samuel L. Andes, Esquire, counsel for Cheryl J. Horne, of the intent to serve a subpoena upon Financial Trust Bank, attaching a copy of the subpoena proposed to be served to the Notice, copies of which are attached Exhibit C. 17. On May 22, 1998, Defendant, Lititz Mutual Insurance Company, asked Samuel L. Andes, Esquire if the objections raised on May 18, 1998 applied to the Notice of Intent to Serve a Subpoena served on May 22, 1998. See Exhibit D. 18. Although no formal objection was raised to Exhibit C, the Notice of Intent to Serve a Subpoena upon Financial Trust Bank, it is believed that Plaintiff's Objection to Proposed Subpoenas expected the same when objection was raised to subpoenas for "safe deposit records." 19. On May 22, 1998, Defendant, Lititz Mutual Insurance Company, requested the concurrence with, or opposition to, a draft of this Motion. See Exhibit E. 20. Plaintiff, Cheryl J. Horne, has not responded to the May 22, 1998 request for concurrence with, or opposition to, the draft Motion. 4 i )0 r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Horne, Plaintiff No. 97-425 Civil Term v. Civil Action - Law Lititz Mutual Insurance Company, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Lititz Mutual Insurance Company, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, u' Dated:,-::Y'8' .(; JQq..~ V I avld Mi Is, Esq Supreme Court No. 7192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant J l~ I , . ~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cheryl J. Horne, Plaintiff v. File No, 97-425 Lititz Mutual Insurance Company, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Dauphin Deposit Bank & Trust Com an PO Box 29 1 (Name 01 Person or Entllyl 05 Within twenty (20) days after service 01 this subpoena. you are ordered by the court to produce the following documents or things: All financial inform"tinn nn ",.,."""t~ :ilRQ 193116 ill tHe RaRlEl of Neidiq Roofing of York Inc. a/k/a NRY Inc. since Janu"ry 1. lqqn at Stetler & Gribbin , 138 East Market Street , York , Pennsvlvania. (Address) You may deli~er or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name David Mills, Esquire Address: 138 East Market Street York, PA 17401 Telephone: (717) 854-9506 Supreme Court 10 It 371 92 . Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, eMI Division . Date: Seal of the Court Deputy (Elf. 7/97) i (') IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Horne, Plaintiff No. 97-425 civil Term v. Civil Action - Law Lititz Mutual Insurance Company, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Lititz Mutual Insurance Company, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. '1") Dated:,?',=",- . (c/t;8 avid 1115, E quire Supreme Court . 37192 138 East Market eet PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant . . I I ,. , , .. ~".; ~:,).:,:<: . ~'[O;"", :;,'.f;J;:*"; -.:r ". ',l..~.-,' L- ~~.- ~I~ .t:~,'" . .~... . i m .. STETLER to GRIBBIN LEO E. GRIBBIN JO~EPH W MOYER JOHN J ~YLVANU~ WALTER A. TILLEY, III DAVID A, MILL.\ THOMA~ F. MEI~TER GLORIANA NOREIKA RICHARD D. HOLLINGWORTH RICHARD J. McCRACKEN- ~TEVEN II. TREGEA ATTORNEYS AT LAW IJ8 lAST MAUlT STRUT P 0 &oX 2!l8& YORK. PENN,nVANIA 1740~ NEVIN HETLER nOllHU06J nUPHONI! 11111 a~..o'o~ May 22, 1998 'AX cl111 a"!l..,o:U .A~ ADloIlrTlt:lIN WA. TLANO Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 RE: Horne v. Lititz Mutual Insurance Company Court of Common pleas, Cumberland County, PA No. 97-425 My File No. 8512-96 Dear Mr. Andes: Enclosed please find a copy of the MOTION OF DEFENDANT FOR ORDER ON OBJECTIONS TO SUBPOENAS. please state your concurrence with, or opposition to, the MOTION on or before Friday, May 29, 1998. DM/vb Enclosure cc: Scott Lutz, Claim No. 2-96-1885 (w/enclosure) 4. On or about 29 January 1996, at a time not precisely known to Plaintiff, those : items of jewelry listed and identified on Plaintiff's Exhibit A, plus a computer system owned \' ! i: by Plaintiff and kept at her said residence at that time, were removed and stolen from I :, Plaintiff's residence and possession by a person or persons unknown to Plaintiff. Plaintiff ': 'i :! has not recovered the items which were so stolen and removed from her possession. I, Ii " 5. At the time the said items were stolen from Plaintiff, they were insured against i: , theft by a policy of insurance issued to Plaintiff by the Defendant. A copy of that said policy i !, " , , is attached hereto and marked as Exhibit B. 6. Plaintiff promptly reported the loss of her items to the Defendant and has done everything requested or required of her by Defendant or by the policy of insurance issued to her by Defendant. 7. Defendant has denied Plaintiff's claim for payment under the said policy of . insurance, has refused to make any payment to her for the items insured which were lost by her, and has refused to proceed with the appraisal process in accordance with the policy. " " 8. The items stolen from the Plaintiff had a total value of $54,740.00. Under the , policy, therefore, Defendant owes Plaintiff $54,740.00 for the items stolen from her. 9. Despite repeated requests by Plaintiff, Defendant has fsiled and refused to pay .. Plaintiff the sums she is due under the policy for her loss. 10. By its conduct, Defendant has violated its obligations under the policy of insurance it issued to Plaintiff and, by doing so, has injured Plaintiff. . LADIES 14K Y/G DIAMOND 'J'EllllI S I3RIIC1':Lf>'!' w/55 DIllS IIPP :3. JOC'J'S LADIES 14K Y/G STIlD EARRINGS w/2 rWIJ IlIlI.II'!, ell'l' IlIAS .70C'l' 'l'W LADYS RIIlG - HEAR'l' ,SHAPED ~114 DIIIMOllDS .OGC'I' 'l'~1 & 4 IWIlIES . o GC'J' 'l'W 14K Y/G C IN1'I'IAL PE/lOlIlI'l' WI18 DIllS & lOIN ROPE lIECKCHIlItI 14K Y/G HEAR'l' SHAPED PIWIJlltI'J' W/10 DIIIB /; 20111 !lOK LINK IlECKCHIlItI 14K Y/G HEAR'I' SHp PE/mllW!' W/20 HNIJ 0111-25 HlIIl HIl131ES 14f: I'/III (j CH/\IlI 14K Y/G PElmAWl' W/OLACK ElIlIHI~I.TllG H/5 IJIMJ J41: V/G 201N 1101'1, ell/\III 14K Y/G TENIlIS BRACELE'l' w/55 11lI1J IlllLII'I' IJlI\H 14K Y/G CIlEVROll LIIlK STYI.E '1'lmllT!J llRIICI.;J,(o;'I' wrlJ RIlIJ Ilm,lI'l' IJ IIIH 1 pR 14K Y/G EIIRRIIIGS W/2 IWD llRI.lI'l' Illl\S . '/5C'I' '!'~1 1 PR 14K Y/G EARRINGS ~/160 RIlD BRLlI'l' CIl'l' DIllS 14K GOLD BAIIGLE STYLE 1IN'l'TQIJE DESIGIl IlRIICELF.'1' W/l 11I/\ .15C'1' LADIES RING W 18 DIAS .18C'l' 'l'W AIID 27 IWOIES .BIC'!' 14K Y/G RIIlG W/15 RIID I3RLII'I' ell'!' DIllS IC'I' 'nl 14K Y/G IUIlG ~1115 DIllS l.04C'l' 'J'W 14K Y/G RING ~111 Rim BRLW!' CIl'!, DIll API' . 65C'I' 14K Y/G RIIlG ~111 PEAR SH/\pE GIIRlIF.'!, [;, I mm BRI.N'I' 01/\ .025C'l' LADIES RlllG WiG SAPP API' . GOC'I' 'J'W [. r, RIIIl 13R!.Il'I' 01/\ .12C'!' 'I'W 14K v/o 14K Y/G RING'w/4 RIID IlIII.IlT CIlT DIllS IIPp .40CT 14K Y/G RIlIG w/l Rim IlllLIl'!' CIl'!, DIll 1\1'1' .%C'I' 14K y/a MII'I'G BIRTHSTONE FMI RING 14K V/G W/1 I,IIIWJ .:!!iC'I' 2 RlIlI .noc'I' &1 .O'/CT 01/\ 14K v/G RING W/.56CT 0111 IBK Y/G & STAINLESS S'rEEL I.IIDIES 1l0I.EK IJII'I'EolllS'!' ~1/\'l'CH wIlD 01/\8 PI.lll1ldf', t Xllllll' IF....... !.. ~ POLICY IlUMBER . 95-07-84 NONASSESSABLE IIOl\II:O\\'NI:H~, I'UI.ICY L1TITZ I\llJTl.Ii\1. INSlIl{i\NCE (UI\I I'i\ NY NEW DECLARAT 1011 ~:Fn;CT'[vF. J /0;;/91> MUTUI,L COMf'ANY NAMED INSURED and Mailing Address 17011 95-07-84' 1/11/96 S ...--- ..--..--.---- II UI'IlONI NIlMIlIIl 71'/-766-1200 AGENI SHINER lNSURAIICE AGENCY 1001 S MARKET ST MECHANlCSBURG PA 17055-4749 POLICY COtlllllllOUS I1EIIEWAI.I'OUCY MCSHERRY, CHERYL J 100 REESER RD CAMP HILL PA SEE BACK OF HIS PAGE FOR CONTINUOUS POLICY CLAUSE PERIOD OF COVEFlAGE' 1201 A. M. Slandald lime nllhe deSCfwed IocAllCn 1/02/1996 TO 1/02/1997 FuUI.,m 12 Mo"'h. Ag...... Cod. 709- DIRECT BILL This Insurance applies 10 Ihe Described loea"on. Coverage lor which a umll oluabil.,v IS shown and Penis Insured ag.,nsllor which a Premium IS Slaled, In case 011055. under IhlS policy we cover onlV thai pM 01 the loss over Ihe deductible slaled. ;1i;:>~ BASIC PREM ADJUSTMENTS ADDL ENDORSE rCHEDUL PROP AMOUNT DUE ~~~ $214.00 $15.00 $25.00 $463.00 ----- LOCATION- CITY/TWP-CAMP HILL PA 17011 COUNTY-CUMBERLAND 100 REESER RD RATING INFO- 1 TO 4 FAMILIES, NO. APTS- 1 TERR-33, PROT-06, PRM GRP-09, WOOD STOVE-NO , CONSTRUCTION-MASONRY WITHIN 1000 FEET OF HYDRANT, 1 MILES TO FIRE DEPT, FIRE DISTRICT- SECTION I COVERAGE- LIMIT OF COVERAGE A- DWELLING------------------------ DOES NOT APPLY B- OTHER STRUCTURES---------------- DOES NOT APPLY C- PERSONAL PROPERTY--------------- $75,000 D- LOSS OF USE--------------------- $15,000 ANNUAL PREMIUM $ 214.00 SECTION II COVERAGE- * SEE L104 FOR ADDITIONAL E & F LIMITS E- PERSONAL LIABILITY-------------- $400,000 EACH OCCURRENCE F- MEDICAL PAY. TO OTHERS---------- $1,000 EACH PERSON * $ 15.00 SUBJECT TO THE FOLLOWING FORMS AND ENDORSEMENTS- SEE PAGES 7, 9-12 FOR EXCLUSIONS H04 4/91 H00l37 6/95*, H00291 1/81, H0496 4/91, L91 5/93 HOL104 4/94 PLUS ENDORSEMENT FOR RENTERS - ADDITIONAL COVERAGE $ 25.00 INCLUDES COV C PERSONAL PROPERTY REPLACEMENT COST . INCREASES COV E BY ADD'L $100,000 AND COV F BY $1,000 * INCLUDES WATER BED LIABILITY . H00461 4/91 SCHEDULED PERSONAL PROPERTY - NO DEDUCTIBLE EXCEPT IM144 JEWELRY--------------- LIMIT $52,000 $ 463.00 TOTAL ANNUAL POLICY PREMIUM-------------------------------------------$ 717.00 DEDUCTIBLE $250 FOR EACH LOSS COVERED BY SECTION I PAYMENT WILL BE MADE BY- INSURED .a.a.*aa*****...****.***..****.*.*****.***.*****..*.*._.**__***_***._..__.*_*_.*_*. FORM 0461 01 0461 02 0461 03 0461 04 0461 05 0461 06 0461 07 ADDITIONAL INFORMATION FOR ABOVE NAMED ENDORSEMENTS LIMITS LADIES 14K Y/G DIAMOND TENNIS BRACELET W/55 DIAS APP 3.30CTS $6,500 LADIES 14K Y/G STUD EARRINGS W/2 RND BRLNT CUT DIAS .7BCT TW 2,250 LADYS RING - HEART SHAPED W/4 DIAMONDS .06CT TW & 4 RUBIES .06CT TW 450 14K Y/G C INITIAL PENDANT W/18 DIAS & 18IN ROPE NECKCHAIN 700 14K Y/G HEART SHAPED PENDANT W/18 DIAS & 20IN BOX LINK NECKCHAIN 600 14K Y/G HEART SHP PENDANT W/20 RND DIA-25 RND RUBIES 14K 17IN G CHAIN 490 14K Y/G PENDANT W/BLACK ENAMELING W/5 DIAS 14K Y/G 20IN ROPE CHAIN 1,700 COUNTERSIGNATURE DA TINS URED OR I GIN All:OUNTERSIGNED BY ---CONTINUED ON NEXT PAGE-- rORM no OOl9 (EO 0-03) - ._- - 'I I In accordance w~h lhe cancellation Of non.renewal plovisionS 01 this stale, and sullied to Ihe plermums, rules and lorms then in effed lor lhis Company, Ihls policy may be continued in force by paymenl 01 the required continuallon pramium lor aach SucceSSIVe poIlC'f term, Such continuation plemium must be paid 10 the Company plior to Ihe e'puat.on ollhe Ihen currenl policy term and d not so paid lhe poIlC'f shall terminate. Wdh respecllo a mortgagee (01 trustee) dedared under this poIlC'f, IhlS Insurance w,lI L'Ol1l1nue 'n fOlce as 10 only the inlerest of lhe mortgagee (Ollrusteel fOlten (10) days alter wrillen notice oIterminal'on 10 the mo~gagee (Oll/usleel, and ahallthen tarm'nata. HOME OFFICE P,O. BOX goo UTlTZ, PA 17543-7007 (717) 828-4751 IIOl\IEOWNElt~; l'OLlt'Y L1TITZ MUTUAL INSURANCE COI\II'ANY NE:W DE:CLARATJOII I'FFE:CTl VE: 1/02/96 MU' UAL COMFANY 95-07-84' 1/11/96 S POLICY "UMBER' 95-07-84 NONASSE:SSABLE: NAMED INSUREO and Mailing Addro95 COIllIlIlJOIIS IlElIEIVAI ('OUCY POLICY MCSHE:RRY, CHE:RYL J 100 RE:E:SER RD CAMP HILL PA 17011 II Lfl'lIUtlF fHJ~\Ili.il-717-'i66-1200 AGENT SHINE:R INSURANCE AGE:NCY 1001 S MARKE:T ST ME:CHANICSBURG PA 17055-4749 SEE BACK OF UIS PAGE fOR CONlINUOUS POLICY CLAUSE PERIOD OF COVERAGE: --...--.- ----_.._._--------~-- 12:01 A. M. &andard Time at the described mation 1/02/1996 TO 1/02/1997 F"nTOIm 12 Mort'" AO.rt',Cod. 709- DIRE:CT BILL ThiS insurance applies 10 Ihe Described localion, Coverage lor which a Umll 01 Uabllily IS shown and Pelils insured agalnsl for which a Premium is slaled, In case 011055. under Ihis policy we cover only Ihal part ollhe loss over Ihe dedudlble slaled. AMOUNT DUE ~ # 'l.q.<;) 0461 OB 0461 09 0461 10 0461 11 0461 12 0461 13 0461 14 0461 15 0461 16 0461 17 0461 1B 0461 19 0461 20 0461 21 0461 22 0461 23 --- CONTINU D FROM PREVICUS PAGE --- ---- _. 14K Y/G TENNIS BRACELE:T W/55 RND BRLNT DIAS 14K Y/G CHEVRON LINK STYLE TENNIS BRACE:LE:T W/33 RND BRLNT DIAS 1 PR 14K Y/G EARRINGS W/2 RND BRLNT DIAS .75CT TW 1 PR l4K Y/G EARRINGS W/60 RND BRLNT CUT DIAS l4K GOLD BANGLE STYLE ANTIQUE DESIGN BRACELET W/1 DIA .15CT LADIE:S RING W 1B DIAS .18CT TW AND 27 RUBIE:S .8lCT 14K Y/G RING W/15 RND BRLNT CUT DIAS lCT TW 14K Y/G RING W/15 DIAS 1.04CT TW 14K Y/G RING W/1 RND BRLNT CUT DIA APP .65CT 14K Y/G RING W/l PEAR SHAPE GARNET & 1 RND BRLNT DIA .025CT LADIES RING W/6 SAPP APP .60CT TW & 6 RND BRLNT DIA .12CT TW 14K Y/G 14K Y/G RING W/4 RND BRLNT CUT DIAS APP .40CT 14K Y/G RING W/l RND BRLNT CUT DIA APP .96CT 14K Y/G MNTG BIRTHSTONE FAM RING l4K Y/G W/~ MARQ .25CT 2 RND .80CT &1 .07CT DIA l4K Y/G RING W/.56CT DIA l8K Y/G & STAINLESS STEEL LADIES ROLE:X DATEJUST WATCH W/lO DIAS 3,800 3,800 2,200 2,200 8GO 650 1,900 1,900 3,600 750 1,100 900 5,500 3,790 3,500 2,500 COUNTERSIGIIEDBY SHINER INSURANCE: AGENCY AGENT COUNTERSIGNATURE DATE 1/17/96 ronM tin oom W(} 6 OJ) INSURED ORIGINAL I : . t HO 00'04 04 '91 IIUMl:fiWNW:, 'I eo I\IT E 1\1'1 !; 1I1lUI\U FOllrvl . i , ----------..- --...-.... . .........-.-. ..-...-.-._-_. .... -.--....-. ^,HlI rr1FfH . - --.-.-.---.-- ------.- We will provide the insurance described in Ihis policy in return for the premium and compliance with all ap. plicable provisions of this policy. ':_'_"__".___._m_ /)1-111111 II If I:; - ." . ...~_._------~--_..__....._..__. ------ In this policy. "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We: "us" and "our" refer to the Company providing this insurance, In addition. certain words and phrasas are defined as follows: 1. "Bodily injury" means bOdily harm. sickness or disease. including required care. loss of services and death that results, 2. "Business" includes trade. profassion or occupa- tion. 3. "Insured" means you and residents of your household who are: a, Your ralalives; or b. Other persons under the age of 21 and in the care of any person named above, Under Section II. "insured" also means: c. Wilh respect to animals or watercraft to which this policy applies. any person or organization legally responsible for these animals or watercraft which are owned by you or any person included in 3.a. or 3.b. above, A per- son or organization using or having custody of these animals or watercmft in the course of any "business" or without consent of the owner is not an "insured"; d. With respect to any vehicle to which Ihis pol- icy applies: (1) Persons while engaged in your employ or that of any person included in 3.e. or 3.b. above; or (2) Other persons using tha vehicle on an "in- sured location" with your consent. 4. "Insured location" means: a, The "residence premises"; HO 00 04 04 91 b. The part of other premises. other structures and grounds used by you as a residence and: (1) Which is shown in the Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; c. Any premises used by you in connection with a premises in 4.a. and 4.b. above; d. Any part of a premises: (1) Not owned by an "insured"; and (2) Where an "insured" is temporarily residing; e. Vacant land. other than farm land. owned by or rented to an "insured"; f, Land owned by or rented to an "insured" on which a one or two family dwelling is being built as a residence for an "insured"; g. Individual or family cemetery plots or burial vaults of an "insured"; or h. Any part of a premises occasionally rented to an "insured" for other than "business" use, 5. "Occurrence" means an accident. inCluding con- tinuous or repeated exposure to substantially the same general harmful conditions. which results. during the policy period. in: a. "Bodily injury"; or b. "Property damage: 6. "Property damage" means physical injury to. de- struction oJ. or loss of use of tangible property. 7. "Residence employee" means: a. An employee of an "insured" whose duties are related to the maintenance or use of the "res- idence premises: including household or do- mestic services; or Copyright. Insurance Services Qffice. Inc.. 1990 Page 1 of 15 HO 00040491 b. One who performs similar duties elsewhere not relnted to the "business" of an "insured." 8. "Residence premises" means: a, The one family dwelling. other Slructures. and grounds; or b, That port of any other building; where you reside and which is shown ilS tho "residence premises" in the Declarations. "Residenco premises" also means a two family dwelling where you rnside in 01 loest one of the family units and which is shown as the "residonce premises" in the Declarations. SECTION I. ('nOrEIlIY COVEnAGES COVERAGE C - Personal Property We cover personal property owned or used by an "insured" while it is anywhere in the world, At your requesl. wo will cover personal property owned by: 1. Olhers while the property is on the part of the "residence premises" occupied by an "insured'; 2. A guest or a "residence employeo: while the property is in any residence occupied by an "in- sured." Our limit of liebility for personal property usually lo- cated al an "insured's" residence. other than the "residence premises: is 10% of the limit of liability for Coverage C. or $1000. whichever is greater. Per- sonal property in a newly acquired principal resi- dence is not subject to this limitation for the 30 days from the time you begin to move the property there. Specie I limits of liability. These limits do not increase the Coverage C limit of liability, The special limit for each numbered category below is the total limit for each loss for all property in that calegory, 1. $200 on money. bank notes, bullion. gold other than goldware. silver other than silverware, platinum. coins and medals. 2. $1000 on securities. accounts. deeds. evidences of debt. lellers of credit. notes other than bank notes. manuscripts. personal records. passports. tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the male rial exists, This limit includes the cost to research. replace or restore the information from the lost or dam- aged material. 3, $1000 on watercraft. including their trailers, fur- nishings. equipment and outboard engines or motors, 4, $1000 on trailers not used with walercreft. 6. $1000 for loss by theft of jewelry. watches. furs. precious and semi-precious stones. 6. $2000 for loss by theft of firearms. 7. $2500 for loss by theft of silverware. silver-plated ware. gold ware. gold. plated ware and pewterware. This includes flatware. hollowware. tea sets. Irays nnd trophies made of or including silver. gold or pewter. 8, $2500 on property. on the "residence premises: used at any time or in any manner for any "busi. ness" purpose. 9. $250 on property. away from the "residence premises: used et any time or in any manner for eny "business" purpose, However. this limit does not apply to loss to adaptable uloctronic appara- tus as described in Specinl limits 10. and 11. below, 10.$1000 for loss to electronic apparatus. while in or upon a motor vehicle or othar motorized land conveyance. if the alectronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by olher sources of power, Electronic apparatus includes: a. Accessories or antennas; or b. Tapes. wires. records. discs or othar media; for use with any electronic apparatus. 11.$1000 lor loss to electronic apparatus. while not in or upon a motor vehicle or other motorized land conveyance. if the electronic epparatus: a. Is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power; b. Is away from the "residence premises"; and c. Is used et any time or In any manner for any "business" purpose. Electronic apparatus includes: a. Accessories or antennas; or Pono 2 of 15 Copy,inh!. In""onen Services Qlfice, Inc.. 1990 HO 0004 04 91 b, Tapes. wires. records. discs or olher media; for use with any electronic apparatus. Property Not Covered. We do not cover: 1. Articles separately dascribed and spacifically in. sured in this or other insuranca; 2. Animals. birds or fish; 3. Motor vehicles or all other motorized land conveyances. This includes: e. Their equipment and accessories; or b. Electronic apparatus that is designed to be operated solely by use of the power from the electrical system of motor vehicles or all other motorized land conveyances. Electronic ap. paratus includes: (1) Accessories or antennas; or (2) Tapes. wires. records. discs or other media; for use with any electronic apparatus, The exclusion of property described in 3.0. and 3.b. above applies only while the property is in or upon the vehicle or conveyance. We do cover vehicles or conveyances not subject 10 motor vehicle registration which are: e. Used to service an .insured's. residence; or b, Designed for assisting the handicapped; 4. Aircraft and parts. Aircraft means any contrivance used or designed for flight. except model or hobby aircraft not used or designed to carry people or cargo; 6. Property of roomers. boarders and other tenants. except property of roomers and boarders related to on "insured"; 6. Property in an apartment regularly rented or held for rental to others by an .insured.; 7. Property rented or held for rental to others off the .residence premises.; S, .Susiness. data. including such data stored in: a. 800ks of account. drawings or other paper records; or b. Electronic data processing tapes. wires. re- cords. discs or other software media, However. we do cover the cost of blank recording or slorage media. and of pre. recorded computer programs available on the retail market; or 9. Credit cards or fund transfer cards except as pro. vided in Additional Coverages 6. HO 00 04 04 91 COVERAGE 0 - loss Of Use The limit of liability for Coverage 0 is the total limit for aU the coverages that follow, 1. If a loss by a Peril Insured Against under this policy to covered property or the building con- taining the property makes the .residence premo ises. not fit to live in. we cover. at your choice. eilher of the following. However. if the .residence premises. is not your principal place of residence. we will not provide the option under paragraph b. below. a. Additional living Expense. meaning any necessary increase in living expenses Incurred by you so that your household can maintain its normal standard of living; or b. Fair Rental Value. meaning the fair rental value of that part of the .residence premises. where you reside less any expenses that do not continue while the premises is not fit to live in, Payment under a. or b. will be for the shortest time required to repair or replace the damage or. if you permanently relocate. the shortest time re- quired for your household to senle elsewhere, 2. If a loss covered under this Section makes that part of the .residence premises. rented to others or held for rental by you not fit to live in. we cover the: Fair Rentel Velue. meaning the fair rental value of that part of the .residence premises. rented to others or held for rental by you less any expenses that do not continue while the premises is not fit to live in. Payment will be for the shortest time required to repair or replace that part of the premises rented or held for rental. 3. If a civil authority prohibits you from use of the .residence premises. as a result of direct damage to neighboring premises by a Peril Insured Against in this policy, we cover the Additional living Expense and Fair Rental Value loss as provided under 1. and 2. above for no more than two weeks. The periods of time under 1.. 2. and 3, above are not limited by expiration. of this policy. We do not cover loss or expense due to cancellation of a lease or agreement. . I, I HO 00 04 04 91 Copyright. Insurance Services Qffice. Inc.. 1990 Page 3 of 16 HO 00 04 04 91 ADDITIONAL COVERAGES 1. Debris Romovol. We will pay your reasonable expense for the removal of: s, Debris of covered properly if a Peril Insured Against that applies to tho damaged property causes the loss; or b. Ash, dust or particles from a volcanic eruption that has caused direct 10lS to a building or property contained In a building, This expense is Included in' lhe limit 01 liability that applies to the damaged property, If the amount to be paid for the actual damage to the property plus the debris removal expense Is more than tha limit of liability for lhe damaged prop- erty. an additional 6% of thai limit of liability is available for debris removal el(pense, We will also pay your reasonable expense, up to $600, for the removal from the "residence prem- ises" of: o. Your tree(s) felled by the peril of Windstorm or Hail; b. Your tree(s) felled by the peril of Weight of Ice, Snow or Sleet; or c. A neighbor's \reels) felled by a Peril Insured Against under Coverage C; provided the tree(s) damages a covered structure. The $600 limit is the most we will pay in anyone loss regardless of the number of fallen trees, 2. Roasonabla Repairs. In the event that covered property is damaged by an applicable Peril In- sured Against, we will pay the reasonable cost incurred by you for necessary measures taken solely to protect against further damage, If the measures taken Involve repai' to other damaged property, we will pay for thOle maasures only il that property is covered under this policy and the damage to that property is caused by an applica- ble Peril Insured Against. This coverage: a. Does not Increase the limit of liability that applies to the covered property; b. Does not relieve you 01 your duties, in case of a loss to covered prop3rty, as set forth in SECTION I - CONDITION 2.d. 3. Trees, Shrubs and Other Plants. We cover trees, shrubs, plants or lawns, on the "residence premises: for loss caused by the following Perils Insured Against: Fire or lightning, Explosion, Riot or civil commotion, Aircralt. Vehicles not owned or operated by a resident of the "residence prem- ises: Vandalism or malicious mischief or Thell. We will pay up to 10% of the limit of liabilily that applies to Coverage C lor all trees. shrubs, plants or lawns. No more than $600 01 this limit will be available for anyone tree, shrub or plant. We do not cover property grown for "husiness" pur- poses. This coverage is additional insurance. 4. Fire Deportment Service Charge. Wo will pay up to $600 lor your liability assumed by contract or agreement for firo departmont charges incurred when the fire departmont is called to save or protect covered property from a Peril In- sured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response. This coverage is additional insuranco. No deductible applies to this coverage. 5. Property Removad. We insure covered prop- erty against direct loss from any cause while be- ing removed from e premises endangered by 0 Peril Insured Against and for no more than 30 days while removed, This coverage does not change the limit of liability that applies to the property being removed, 6. Credit Card, Fund Transfer Cord, Forgery and Countarfelt Money. We will pay up to $600 for: a. The legal obligation 01 an "Insured" to pay because of the thell or unauthorized use of credit cards issued to or registered In an "'insured's. name; b. Loss resulting from theft or unauthorized use of a fund transfer card used for deposit, with- drawal or transfer of funds, issued to or regis- tered in an "insured's" name; c. Loss to an "insured" caused by forgery or al- teration of any check or negotiable instrument: and d, Loss to an "Insured" through acceptance In good faith of counterfeit United States or Canadian paper currency. We do not cover use of a credit card or fund transfer card: a. By a resident of your household; b, By a person who hes been entrusted with el, ther type of card; or .,' , ",. ,. c. If an "insured" has not complled,wlth allte!ms, and conditions under which the C8rds 8r., Is", sued, "r".'. . ' Pllgn 4 of 16 ",pyright, In""ance Servico" QUice, Inc.. 1990 HO 00 04 04 91 . All loss resulting from a series of acts commilled by anyone person or in which anyone person is concerned or implicated is considered to be one loss. We do not cover loss arising out of "business" use or dishonesty of an "insured." This coverage is additional insurance. No deductible applies to this coverage. Defense: a. We may investigate and sellle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. b. If a suit is brought against an "insured" for li. ability under the Credit Card or Fund Transfer Card coverage. we will provide a defense at our expense by counsel of our choice. c. We have the option to defend at our expense an "insured" or an "insured's" bank against any suit for the enforcement of payment under the Forgery coverage, 7, loss Assessment. We will pay up to $1000 for your share of loss assessment charged during the policy period against you by a corporation or as. sociation of property owners. when the assess- ment is made as e result of direct loss to the property. owned by all members collectively. caused by a Peril Insured Against under COVER- AGE C _ PERSONAL PROPERTY. other than earthquake or land shock waves or tremors be- fore. during or alter a volcanic eruption. This coverage applies only to loss assessments charged against you as owner or tenant of the "residence premises." We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body. The limit of $1000 is the most we will pay with respect to anyone loss. regardless of the number of assessments. Condition 1. Policy Period. under SECTIONS I AND II . CONDITIONS, does not apply to this coverage. 8. Collapse. We insure for direct physical loss to covered property involving collapse of a building or any part of a building caused only by one or more of the following: a. Perils Insured Against in COVERAGE C - PERSONAL PROPERTY. These perils apply to covered buildings and personal property for loss insured by this additional coverage: HO 00 04 04 91 b. Hidden decay; c. Hidden insect or vermin damage; d. Weight of contents, equipment. animals or people; e. Weight of rain which collects on a roof; or f. Use of defective material or methods In con- struction. remodeling or renovation if the col. lapse occurs during the course of the construction, remodeling or renovation. loss to an awning. fence, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included un- der Items b.. c.. d., e.. and f. unless the loss is a direct result of the collapse of a building, Collapse does not include sellling, cracking. shrinking, bulging or expansion. This coverage does not increase the limit of li- ability applying to the damaged covered property, 9. Gless or Safety Glezlng Meterlel. We cover: a. The breakage of glass or safety glazing mete. rial which is pert of a building, storm door or storm window, and covered es Building Ad. ditions and Alterations; and b. Damage to covered property by glass or sefety glazing material which is part of a building, storm door or storm window. This coverage does not include loss on tho "resi- dence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. loss for damage to glass will be settled on the basis of replacement with safety glazing materials when required by ordinance or law. This coverage does not Increase the limit of II. ability that applies to the damaged property. 10.Bullding Additions end Alterations, We cover under Coverage C the building Improve- ments or installations, made or acquired at your expense, to that part of the "residence preml88l" used exclusively by you, The limit of liability for Ihis coverage will not be more than HI" of the limit of liability that applies to Coverage C. ' This coverage is additionalinsurenca. HO 00 04 04 91 Copyright, insurance Services Qlfice, Inc., 1990 HO 00 04 04 91 -_._--- ....--.. .-...- --~ .. - .-.~~--_.__. ;;a:H<JIO I . FUliI !,: 114nUflF.D /l(iAINfiT We insure for direct physical loss to the property described in Coverage C ceused by a peril listed be- low unleas the loss Is excluded in SECTION I - EX. CLUSIONS. 1. Fire or lightning. 2. Wlndltorm or hall. This peril does not Include loss to the property contained In a building caused by rain. snow. sleet. sand or dust unless the direct force of wind or hail damages the building causing an opening In a roof or wall and the rain. snow. sleet, sand or dust enters through this opening. This peril Includes loss to watercraft and their trailers, furnishings, equipment, and outboard englnea or motors, only while Inside a fully en- closed building. 3. Explollon. 4. Riot or civil commotion. 6, Aircraft, including self-propelled missiles and spacecreft. 6. Vehlclel. 7. Smoke, meaning sudden and accidental damage from smoke. This peril does not include loss caused by smoke from agricultural smudging or industrial oper- ations. 8. Vendallsm or mallcloul mlschlaf. This peril does not include loss to property on the "residence premises" if the dwelling has been vacant for more then 30 consecutive days imme- diately before the loss. A dwelling being con- structed is not considered vacant. 9. Theft, including allempted theft and loss of property from a known place when it is likely that the property has been stolen, This peril does not include loss caused by theft: a. Com milled by an "insured"; b. In or to a dwelling under construction, or of materials end supplies for use in the con- struction until the dwelling Is finished and occupied; or c. From that part of a "residence premises" rented by an "insured" to other than an "in- sured." This peril does not include loss caused by theft that occurs off the "residence premises" of: ...__..__0"-_"'-- a. Property while at any other lesidence owned by, rentad to, or occupied by an "Insured" except while an "insured" is temporarily living there, Property of a studant who Is an "In. sured" is covered while at a residence away from home ilthe student has been there at any time during the 46 days immediately before the loss; b. Watercraft, and thair furnishings, equipment and outboard engines or motors; or c. Trailers and campers, 10.Falllng obJectl. This pari I does not include loss to the properlY contained in the building unles3 the roof or an outside wall of the building is first damaged by p failing object, Damage to the falling object itself is not included, 11.Welght of Ice, snow or Ileet which causes damage to the property contained in the building, 12.Accldental dllcharge or overflow of water or Iteam from within a plumbing. heating. air conditioning or automatic fire protective sprinkler system or from within a household appliance. This peril does not include loss: a. To the system or appliance from which the water or steam escaped; b. Caused by or resulting from freezing except as provided in the peril of freezing below; or c. On tha "residence premises" caused by accl, dental discharge or overflow which occUrJ eway from the building where the "residence premises" is located, In this peril, a plumbing system does not include a sump, sump pump or related equipment. 13,Sudden and eccldental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system. or an appliance for heating water, This peril does not include loss caused by or re- sulting from freezing except as provided in the peril of freezing below, 14.Freezlng of a plumbing, heating, air condition, ing or automatic fire protective sprinkler system or of a household appliance. Page 6 of 16 Copyright. Insurance Services Qffice, Inc.. 1990 HO 00 04 04 91 This peril does not include loss on the "residence premises" while unoccupied, unleas you have used reasonable care to: a. Maintain heat in the building; or b. Shut off the water supply and drain the system and appliances of water. HO 00 04 04 91 16.Sudden and accidental damage from arti- ficially generated electrical current. This peril does not include loss to a tube, tran- sistor or similar electronic component. 16.Volcanlc eruption olher than loss caused by earthquake, land shock waves or tremors. SECTION I UlCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded re- gardless of any other cause or event contributing concurrently or in eny sequence to the loss. 1. Ordinance or Law, meaning enforcement of any ordlnence or law regulating the construction, repair, or demolition of a building or other struc- ture' unless specifically provided under this pol- icy. 2. Earth Movament, meaning earthquake includ- ing land shock waves or tremors before, during or after a volcanic eruption; landslide; mine subsidence; mudflow; earth sinking, rising or shifting; unless direct loss by: a. Fire; b. Explosion; or c. Breakage of glass or safety glazing material which is part of a building. storm door or storm window; ,ensues and then we will pay only for the ensuing loss, This exclusion does not apply to loss by theft. 3, Water Damage, meaning: a. Flood, surface water. waves, tidal water, overflow of a body of water, or apray from any of these, whether or not driven by wind; b. Water which backs up through sewers or drains or which overflows from a sump; or c. Water below the surface of the ground, in- cluding water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure, Direct loss by lire, explosion or theft resulting from water damage is covered, 4, Power Failure, meaning the failure of power or other utility service if the failure takes place off the "residence premises." But, If a Peril Insured Against ensues on the "residence premises," we will pay only for that ensuing loss. 6. Neglect, meaning neglect of the "inaured" to use all reasonable means to save and preserve prop- erty at and after the time of a loss, 6. War, including the following and any conse- quence of any of the following: a. Undeclared war, civil war, insurrection, rebel- lion or revolution; b. Warlike act by a military force or military per- sonnel; or c. Destruction, seizure or use for a military pur- pose. Discharge of a nuclear weapon will be deemed a warlike act even if accidental, 7, Nuclear Hazard, to the extent set forth In the Nuclear Hazard Clause of SECTION I - CONDI- TIONS. 8. Intentional Loss, meaning any loss arising out of any act committed: a. By or at the direction of an "insured.; and b. With the intent to cause a loss, SECTION I CONDITIONS 1. Insurable Interest and Limit of Liability Even if more than one person has an insurabl( interest in the property covered, we will not be liable in anyone loss: a, To the "insured" for more than the amount of the "insured's" interest at the time of loss; or HO 00 04 04 91 b. For more than the applicable limit of liability. 2. Your Duties Aftar Loss. In case of a loss to covered property, you must see that the following are done: o. Give prompt notice to us or our agent; b. Notify the police in case of loss by theft; Copyright. Insurance Services Qffice, Inc., 1990 Page 7 of 16 HO 0004 04 91 c. Notify the credit card or fund transfer card company in case of loss under Credit Card or Fund Transfer Card coverage; d. Protect the property from further damage. If repairs to the property are required. you must: (1) Make reasonable and necessary repairs to protect the property; and (2) Keep an accurate record of repair ex- penses; e. Prepare an inventory' of damaged personal property showing the quantity, description, actual cash value and amount of loss, Attach all bills, receipts end related documents that justify the figures In the inventory; f. As often as we reasonably require: (1) Show the damaged property; (2) Provide us with records and documents we request and permit us to make copies; and (3) Submit to examination under oath, while not in the presence of any other "insured: and sign the same; g. Send to us, within 60 days after our request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and be- lief: (1) The time and cause of loss; (2) The interest of the "insured" and ell others in the property involved and all liens on the property; (3) Other insurance which may cover the loss; (4) Changes in title or occupancy of the property during the term of the policy; (6) Specifications of damaged buildings and lIeteiled repair estimates; (6) The inventory of damaged personal prop- erty described in 2.e. above; (7) Receipts for additional living expenses in- curred and records that support the fair rental value loss; end (8) Evidence or affidavit that supports a claim under the Credit Card, Fund Transler Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss, 3. Loas Settlement. Covered property losses are settled at actual cash value at the time 01 loss but not more than the amount required to repair or replace. 4. Loss to a Pair or Set. In case of loss to & pair or set we may elect to: a. Repair or replace any part 10 restore the pair or set to its value before the loss; or b. Pay the difference between actual cash value of the property before and after the loss. 6. Glass Replacament. Loss for damage to glass caused by a Peril Insured Against will be sellled on the basis of replacement with safety glazing materials when required by ordinance or law. 6. Appraisal. If you and we fail to agree on the amount of loss, either may demand an appraisal of the loss, In this event, each party will choose a competent appraiser within 20 days after re- ceiving a written request from the other, The two appraisers will choose an umpire, If they cannot agree upon an umpire within 16 days, you or we may request that the choice be made by a judge of a court of record in the state where the "rasi- dence premises" is located. The appraisers will separately set the amount of loss, If the appraisers submit a written report of an agraement to us, the amount agreed upon will be the amount of loss, If they fail to agree, they will submit their differ. ences to the umpire, A decision agreed to by any two will set the amount 01 loss, Each party will: a. Pay Its own appraiser; and b. Bear the other expenses of the appraisal and umpire equally. 7. Other Insurance. If a loss covered by this poliCY is also covered by other insurence. wa will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss. 8. Suit Against Us. No action can be brought unless the policy provisions have been complied with and the action is started within one year af. ter the date of loss. 9. Our Option. If we give you written notice within 30 days after we receive your signed. sworn proof of loss, we may repair or replaca any part of tha damaged property with like property. 10.Loss Pa,!ment, We will adjust all losses with you. We will pay you unless some other person is named in tha policy or is legally entitled to reo ceive payment. Loss will be payable 60 days after we receive your proof of loss end: a, Reach an agreement with you; b. There is an entry of a final judgment; or c. There is a filing of an appraisal award with us. Pogo 8 of 16 Copyright. Insurance Services Qffice, Inc" 1990 HO 00 04 04 91 11.Abandonmant of Property. We need not ac- cept any property abandoned by an "insured." 12.No Benefit to Bellee. We will not recognize any assignment or grant any coverage that bene- fits a person or organization holding, storing or moving property for a fee regardless of any other provision of this policy. 13.Nuclear Hazard Clause. a. "Nuclear Hazard" means any nuclear reaction, radiation, or radioactive contaminalion, all whether controlled or uncontrolled or how- ever caused, or any consequence of any of these, b. Loss caused by the nuclear hazard will not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise includad within the Perils Insured Against in Section I. HO 00 04 04 91 c. This policy does not apply under Section Ito loss caused direcliy or indirecliy by nuclear hazard, except that direct loss by fire resulting from the nuclear hazard is covered. 14,Recovered Property. If you or we recover any property for which we have made payment under this policy, you or we will notify the other of the recovery, At your option, the property will be re- turnad to or retained by you or it will become our property. If the recovered property is returned to or retained by you, the loss payment will be ad- justed based on the amount you received for the recovered property, 16.Volcenlc Eruption Period. One or more volcanic eruptions that occur within a 72.hour period will be considered as one volcanic eruption. SECTION /I - I.IAUlllfV c:nVEllAGES COVERAGE E - Personal L1eblllty If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" to which this coverage applies, we will: 1. Pay up to our limit of liability for the damages for which the "insured" is legally liable. Damages include prejudgment interest awarded against the "insured"; and 2. Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to sellle or defend ends when the amoun' we pay for damages resulting from the "occur- rence" equals our limit of liability, COVERAGE F - Medical Payments To Others We will pay the necessary medical expenses that are incurred or medically ascertained within three years from the dale of an accident causing "bodily injury." Medical expenses means reasonable charges for medical, surgical, x-ray, dental, ambulance, hos- pital, professional nursing, prosthelic devices and funeral services, This coverage does not apply to you or regular residents of your household except "resi- dence employees." As to others, this coverage ap- plies only; 1. To a person on the "insured location" with the permission of an "insured"; or 2. To a person off the "insured location: if the "bodily injury"; a. Arises out of a condition on the "insured lo- cation" or the ways immediately adjoining; b. Is caused by the activities of an "Insured"; c. Is caused by a "residence employee" In the course of the "residence employee's" employ. ment by an "insured"; or d. Is caused by an animal owned by or in the care of an "insured." SECTION /I - l::)(CI.IJSIONS 1, Coverage E - Personal L1eblllty and Cover- age F - Medical Payments to Others do not apply to "bodily injury" or "property damage"; a. Which is expected or Intended by the "in- sured"; HO 0004 04 91 b. Arising out of or in connection with e "busl. ness" engaged in by an "insured." This exclu- sion applies but Is not limited to an act or omission. regardless of Its nature or circum- stance, involving a service or duty rendered. promised, owed, or Implied to be provided because of the nature of the "business"; CoPyrillht. Insurance Services Qffiee, Inc" 1990 Pego 9 of 16 HO 00 040491 e. Arising out of the rental or holding lor rental of any part of any premises by an "insured." This exclusion does not apply to the rental or holding for rental of an "Insured location": (1) On an occasional basis if used only as a residence; (2) In part for use only as a residence, unless a single family unit is intended for use by the occupying family to lodge more than two roomars or boarders; or (3) In part, as an office, school. studio or pri- vate garage; d. Arising out of the rendering of or failure to render professional services; e, Arising out of a premises: (1) Owned by an "insured"; (2) Rented to an "insured"; or (3) Rented to others by an "insured"; that is not en "insured location"; f, Arising out of: (1) The ownership, maintenance. use. loading or unloading of motor vehicles or all other motorized land conveyances, including trollers. owned or opereted by or rented or loaned to an "insured"; (2) The entrustment by an "insured" of a motor vehicle or any other motorized land conveyance to any person; or (3) Vicarious liability, whether or not statutorily imposed, for the actions of a child or minor using a conveyance ex- cluded in paragraph (1) or (2) above. This exclusion does not apply to: (1) A trailer not towed by or carried on a mo- torized land conveyance. (2) A motorized land conveyance designed for recreational use off public roads. not sub- jectto motor vehicle registration and: (a) Not owned by an "insured"; or (b) Owned by an "insured" and on an "in- sured location"; (3) A motorized golf cart when used to play golf on a golf course; (4) A vehicle or conveyance not subject to motor vehicle registration which is: (a) Used to service an "insured's" resi- dence; (b) Designed for assisting the hand- icapped; or (c) In dead storage on an "insured 10- calion"; g. Arising out 01: (1) The ownership. maintenance, use, loading or unloading of an excluded watercraft described below; (2) ThR entrustment by an "insured" of an ex- cluded watercreft described below to any person; or (3) Vicarious liability, whether or not statutorily imposed. for the actions of a child or minor using an excluded watercraft described below. Excluded watercraft are those that are princi- pally designed to be propelled by engine power or electric motor. or are sailing vessels, whether owned by or rented to an "insured." This exclusion does not apply to watercraft: (1) That are not sailing vessels and are pow- ered by: (a) Inboard or inboard-outdrive engine or motor power of 60 horsepower or less not owned by an "insured"; (b) Inboard or Inboard-outdrive engine or motor power of more than 60 horse- power not owned by or rented to en "insured"; (c) One or more outboard engines or mo- tors with 26 total horsepower or less; (d) One or more outboard engines or mo- tors with more than 26 total horse- power if the outboard engine or motor is not owned by an "insured"; (e) Outboard engines or motors of more than 26 total horsepower owned by an "insured" if: (I) You acquire them prior to the n""cy period; and: (a) You declare them at policy in- ception; or (b) Your intention to insure is re- ported to us in writing within 46 days after you acquire the out- board engines or motors. (II) You acquire them during the policy period. This coverage epplles for the policy period. (2) That are sailing vessels. with or without auxiliary power: (0) Less than 26 feet In overelllength; Page 10 of 16 Copyright. Insurance Services Qlfice, Inc" 1990 HO 00 04 04 91 (b) 26 feet or more in overall length, not owned by or rented to an "insured." (3) That are slored; h. Arising out of; (1) The ownership, maintenance, use, loading or unloading of an aircraft; (2) The entrustment by an "insured" 01 an air- craft to any person; or (3) Vicarious liability, whether or not statutorily imposed, for the actions of a child or minor using an aircraft, An aircraft means any contrivance used or designed for flight, except model or hobby aircraft not used or designed to carry people or cargo; I. Caused direclly or indirectly by war, including the following and any consequence of any 01 Ihe following: (1) Undeclared war, civil war, insurrection, re- bellion or revolution; (2) Warlike act by a military force or military personnel; or (3) Deslruction, seizure or use for a military purpose. Discharge 01 a nuclear weapon will be deemed a warlike act even if accidental; j, Which arises out of the transmission of a communicable disease by an "insured"; k. Arising out of sexual molestation, corporal punishment or physical or mental abuse; or I. Arising out of the use, sale, manufacture, de- livery, transfer or possession by any person of a Controlled Subslance(s) as defined by the Federal Food and Drug Law at 21 U,S.CA Sections 811 end 812. Controlled Substances include but are not limited to cocaine, LSD, marijuana and all narcotic drugs, However, this exclusion does not apply to the legitimate use of prescription drugs by a person follow- ing the orders of a licensed physician. Exclusions e.. f" g" and h. do not apply to "bodily injury" to a "residence employee" arising out of and in the course of the "residence em- ployee's" employment by an "insured." 2. Coverage E - Personal Liability, does not apply to: a. Liability: (1) For any loss assessment charged against you as a member of an association, cor- poralion or community of properlY owners; HO 00 04 04 91 HO 00,040491 (2) Under any contract or agreement. How- ever, this exclusion does not apply to written conlracts: (a) That directly relate to the ownership, maintenance or use of an "insured 10- calion"; or (b) Where the liability of others is assumed by the "insured" prior to an "occur- rence"; unless excluded in (1) above or elsewhere in this policy; b, "ProperlY damage" to property owned by the "insured"; c. "Property damage" to property rented to, oc- cupied or used by or in the care of the "in- sured." This exclusion does not apply to "property damage" caused by fire, smoke or explosion; d. "Bodily injury" to any person eligible to re- ceive any benefits: (1) Voluntarily provided; or (2) Required to be provided; by the "insured" under any: (1) Workers' compensation law; (2) Non-occupational disebility law; or (3) Occupational disease law; e, "Bodily injury" or "propeny damage" for which an "insured" under this policy: (1) Is also an insured under a nuclear energy liability policy; or (2) Would be an insured under that policy but for the exhaustion of its limit of liability. A nuclear energy liability policy is one issued by: (1) American Nuclear Insurers; (2) Mutual Atomic Energy Liability Under- writers; (3) Nuclear Insurance Association of Canada; or any of their successors; or f, "Bodily injury" to you or an "insured" within the meaning of pan a, or b. of "insured" as defined, 3, Coverage F - Medical Payments to Others, does not apply to "bodily injury": a, To a "residence employee" if the "bodily in- jury": (1) Occurs off the "insured location"; and Copyright, Insurance Services Qffice, Inc" 1990 Pege 11 of 16 HO 00 04 04 91 (2) Does not arise out of or in the co ursa of the "residence employee's" employment by an "insured"; b. To any person eligible to receive benefits: (1) Voluntarily provided; or (2) Required to be provided; under any: (1) Workers' compensation low; (2) Non-occupational di.sability low; or (3) Occupational disease low; c. From any: (1) Nuclear reaction; (2) Nuclear radiation; or (3) Radioactive contamination; all whether controlled or uncontrolled or however caused; or (4) Any consequence of any of these; or d. To any person, other than a "residence em- ployee" of an "insured: regularly residing on any part of the "insured location," SECTION II - ADDITIONAL COVERAGES We cover the following in addition to the limits 01 liability: 1. Clelm Expenses. We pay: a. Expenses we incur and costs taxed against an "insured" in any suit we defend; h. Premiums on bonds required in a suit we de- lAnd, but not for bond amounts more than the limit 01 liability for Coverage E. We need not apply for or furnish any bond; c, Reasonable expenses incurred by an "insured" at our request. including actual loss 01 earnings (but not loss of other income) up to S50 per day. for assisting us in the investi- gation or defense of a claim or suit; and d. Interest on the entire judgment which accrues alter entry of the judgment and belore we pay or tender, or deposit in court that part of the judgment which does not exceed the limit of liability that applies, 2. First Aid Expenses. We will pay expenses for first aid to others incurred by an "insured" for "bodily injury" covered under this policy. We will not pay for first aid to you or any other "insured: 3, Damage to Property of Others. We will pay, at roplacement co 51, up to 5500 per "occurrence" for "property demage" to properly of others caused by an "insured: We will not pay for "property damage": a. To the extent of any amount recoverable un. der Saction I 01 this policy; b. Caused inlentionally by on "insurod" who is 13 yems of age or older; c. To property ownad by an "insured"; d. To property owned hy or rented to a tenant of on "insured" or a resident in your house- hold; or Page 12 of 15 e. Arising out 01: (1) A "business" engaged in by an "insurod"; (2) Any act or omission in connection with a premises owned, rented or controlled by an "insured: other than the "insured lo- cation"; or (3) The ownership, maintenance, or use of aircralt. watercraft or motor vehicles or all other motorized land conveyances, This exclusion does not apply to a motor- ized land conveyance designed for recre- ational use off public roads, not sub/ect to motor vehicle registration end not owned by an "insured: 4. Loss Assessment. We will pay up to $1000 for your share of loss assessment charged during the policy period against you by s corporation or as- sociation of property owners, when the assess- ment is made as a result of: e. "Bodily injury" or "property damage" not ex- cluded under Section II of this policy; or b. Liability for an act of a director, officer or trustee In the capacity as a director, officer or trustee, provided: (1) The director, officer or trustee Is, illecl8d by the membel'l of 8 corporetlon or aSSo- ciation of property owne...: Ind . ' .,\ (2) The director, officer or lrutteeI8Mt'with. out deriving any Income from the elitic.., : of duties which are solelv onbehllf,.ot'i1i;,;::.';f; corporation or assocllllon of \'Il'OPi#W,:, ',"; (." owners. _ _ ,_-.;<:'\;{(">"~:,\';)~: '.... This coverage applies only to loss 8S1811men~",': ',: charged ageinst you as owner or tenlnla! Jhe .-,;:' "residence premises:,.. -..' >j, Copyright. Insumnce Services Qffice, Inc., 1990 HO 00 04 04 91 I. I. L ~ I I,' We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body, Regardless of the number of assessments, Ihe limit of $1000 is the most we will pay for loss arising out of: a. One accident. including continuous or reo peated exposure to substantially the same general harmful condition; or ..-- -..._-- -- ---.._-. --....--. -.. HO 00 04 04 91 b. A covered act of a director. officer or trustee. An act involving more than one director. offi- cer or trustea is considered to be a single act. The follOWing do not apply to this coverage: 1. Section II - Coverage E . Personal Liability Exclusion 2,a.(1); 2. Condition 1. Policy Period, under SECTIONS I AND II - CONDITIONS. SEr.T10N II cflNnl nOrJ$ - . _._ _n .. _.u.~_ ___~,._,_. . ._. 1, Limit of Liability. Our total liability under Cov. erage E for all damages resulting from anyone "occurrence" will not be more than the limit of liability for Coverage E as shown in the Declara. tions. This limit is the some regardless of the number of "insureds," claims made or persons injured. All "bodily injury" and "property damage" resulting from anyone accident or from contino uous or repeated exposure to substantially the some general harmful conditions sholl be consid. ered to ba the result of one "occurrence." Our total liability under Coverage F for all medical expense payable for "bodily injury" to one person as the result of one occident will not be more than the limit of Iiabilily for Coverage F as shown in the Declarations. 2. Severability of Insurance. This insurance ap- plies separately to each "insured." This condition will not increase our limit of liability for anyone "'occurrence," 3. Duties After Loss. In case of an accident or "occurrence: the "insured" will perform the fol- lowing duties that apply. You will help us by seeing thai these duties are performed: a. Give wrillen notice to us or our agent as soon as is practical. which sets forth: (1) The identity of the policy and "insured"; (2) Reasonably available information on the time. place and circumstances of the acci. dent or "occurrence"; and (3) Names and addresses of any claimants and witnesses; b. Promptly forward to us every notice, demand. summons or other process relating to the oc- cident or "occurrence"; c. At our request. help us: (1) To make selllement; HO 00040491 (2) To enforce any right of contribution or indemnity against any person or organiza- tion who may be liable to on "insured"; (3) With the conduct of suits and attend hearings and trials; and (4) To secure and give evidence and obtain the allendance of witnesses; d. Under the coverage - Damage to Property of Olhers - submit to us within 60 days after the loss, a sworn statement of loss and show the damaged property, if in the "Insured's" con. trol; e, The "insured" will not. except at the "insured's" own cost. voluntarily make pay- ment. assume obligation or incur expense other than for first aid to others at the time of the "bodily injury: 4. Duties of an Injured Person - Coverage F _ Medical Payments to Others. The injured person or someone acting for the in- jured person will: a. Give us written proof of claim. under oath if required. as soon as is practical; and b. Authorize us to obtain copies of medical re- ports and records, Tha injured person will submit to a physical exam by a doctor of our choice when and as often as we reasonably require, 5. Payment of Claim - Coverage F - Medical Payments to Others. Payment under this cov- erage Is not an admission of liability by an .'n- sured" or us, 6, Suit Against Us. No action can be against us unless there has been the policy provisions. Copyright. Insurance Services Qffice. Inc.. 1990 Psge 13 of 1& HO 000404 91 No one will have the right to join us as a party to any action against an "insull1d." Also. no action with respect to Coverage E can be brought against us until the obligation of the "insured" has been determined by final juC:grnent or agree. ment signed by us. 7. Bonkruptcy of en Insured. Bankruptcy or insolvency 01 an "insumd" will not relieve us of our obligations under this policy, 8. Other Insuranco - Coveroge E - Personol 1I0blllty. This insurance is excess over other valid and collectible insurance except insurance wriuen speCifically to cover as excess over the limits 01 liability that apply in this policy. SECTIONS I AND II - CONDITIONS 1. Policy Period. This policy applies only to loss in Section I or "bodily injury" or "property dam- age" in Section II. which occurs during the policy period, 2, Concoolment or Froud. The entire policy will be void If. whether before or after a loss. an "in- sured" has: a. Intentionally concealed or misrepresented any material fact or circumstance; b. Engaged in fraudulent conduct; or c. Made false statements; relating to this insurance, 3. lIberollzotlon Clouso. If we make a change which broadens coverage under this edition of our policy without edditional premium charge. that change will automatically apply to your in- surance as of the date we implement the change in your state. provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations, This Liberalization Clause does not apply to changes implemented throu{lh introduction of a subsequent edition of our policy. 4. Walvor or Chango of Policy Provisions. A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights. 6, Cancollotlon. o. You may cancel this policy at any time by re- turning it to us or by leuing us know in writing of the date cancellation is to take effect. b, We may cancel this policy only for the reasons stated below by leuing you know in writing of the date cancellation takes effect. This cancellation notice may he delivered to you. or mailed to you at your mailing address shown in the Declarations. Proof of mailing will be sufficient proof of notice, (1) When you have not paid the premium. we may cancel at any time by leUing you know at least 10 days before the date cancellation lakes effect. (2) When this policy has been in effect lor less than 60 days and is not a renewal with us, we may cancel lor any reason by leuing you know at least 10 days before the date cancellation takes effect. (3) When this policy has been in effect for 60 days or more. or at any time if it is a re- newa with us. we may cancel: (0) If there has been a material misrepre- sentation of fact which if known to us would have caused us not to issue the policy; or (b) If the risk has changed substantially since the policy was issued, This can be done by leuing you know at least 30 days before the date cancellation takes effect. (4) When this policy is wriuen for a period of more than one year. we may cancel lor any reason at anniversary by leuing you know at least 30 days before the date cancella- tion takes effect. c. When this policy is cancelled. the premium for the period from the date of cancellation to the expiration date will be refunded pro rata. d. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us. we will refund it within a rea- sonable time alter the date cancellation takes effect. Pogo 14 of 16 Copyright. Insurance Services Qllice. Inc.. 1990 HO 00040491 6. Nonrenewel. We may elect not to renew this policy, We may do so by delivering to you. or mailing 10 you at your mailing address shown in the Declarations. wrillen notice at least 30 days before the expiration date of this policy, Proof of mailing will be sufficient proof of notice. 7. Anlgnment. Assignment of this policy will not be valid unless we give our wrillen consent. 8. Subrogation. An "insured" may waive in writing before a loss all rights of recovery against any person. If not waived. we may require an assign- ment of rights of recovery for a loss to the extent that payment is made by us. If en assignment is sough\, an "insured" must sign and deliver all related papers and cooperate with us. Subrogation does not apply under Section II to Medical Payments to Others or Damage to Prop- erty of Olhers. HO 00 04 04 91 t 9. Death. If any person named In the Declarations or the spouse. if a resident of the same house- hold. dies: a. We insure the legal representative of the de- ceased but only with respect to the premises and property of the deceased covered under the policy at the time of death; b. "Insured" includes: (1) Any member of your household who is an "insured" at the time of your death, but only while a resident of the "residence premises"; and (2) With respect to your property, the person having proper temporary custody of the property until appointment and qualifica- tion of a legal representative, . i , HO 00 04 04 91 Copyright. Insurance Services Qffice. Inc., 1990 Page 1& of 1& 1l0MEOWNERS flO 0137 06 95 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, SPECIAL PROVISIONS" PENNSYLVANIA SECTION I . PROPERTY COVERAGES COVERAGE C . Personal Property Special L1mlls of L1ablllly lIems 10. and 11. are deleled and replaced by Ihe following (Ihese are lIems 7. and 8. In Form HO 00 08); . 10. $1.000 for loss to electronic apparatus. while In or upon a molor vehicle or other motorized land conveyance, If the electronic apparatus Is equipped to be operated by power lrom the eleclrlcal system of the vehicle or conveyance while retaining lis capablllly 01 being operated by other sources 01 power. Electronic apparatus Includes; a, Accessories or antennas; or b. Tapes, wires, records. discs or olher media; for use wllh any electronic apparatus described In this lIem 10. 11. $1.000 for loss to electronic apparatus. while not In or upon a motor vehicle or other motorized land conveyance, If the electronic apparatus: a. Is equipped to be operated by power from the electrical system of the vehlcte or conveyance while retaining lis capabilily of being operated by other sources 01 power; b. Is away from the "residence premises"; and c. Is used at any lime or In any manner for any "business" purpose. Electronic apparatus includes: a. Accessories and antennas; or b. Tapes, wires. records. discs or other media; for use wllh any electronic apparatus described In this ilem 11. Property Nol Covered lIem 3.b. Is deleted and replaced by the following; 3. Molor vehicles or all other motorized land conveyances. This Includes: b. Electronic apparatus thaI Is designed to be operated solely by use 01 the power from the electrical system of motor vehicles or all olher motorized land conveyances. Electronic apparatus Includes: (1) Accessories or anlennas; or (2) Tapes. wires, records, discs or other me- dia; lor use with any electronic apparatus de- scribed In this item 3.b. The exclusion 01 property described In 3.a. and 3.b. above applies only while the prop- erly Is In or upon the vehicle or conveyance. We do cover vehicles or conveyances not subject to molor vehicle reglstr~lion which are: a. Used to service an "Insured's" residence; or b. Designed lor asslsling the handicapped; COVERAGE D " Loss 01 Use For all forms other than HO 00 04 and HO 00 06, Item 1. Is deleted and replaced by the following: 1, If a loss covered under this Seclion makes that part of the "residence premises" where you re- side not iii to live In, we cover the Addillonal living Expense. meaning any necessary In- crease In living expenses Incurred by you so that your household can maintain Its normal standard 01 living. Payment will be for the shortest lime required to repair or replace the damage or. If you perm a- ncnlly relocate. the shortest time required for your household to sellle elsewhere, For Forms HO 00 04 and HO 00 06, lIem 1. Is deleted and replaced by the following: 1. If a loss by a Perlt Insured Against under this policy to covered property or the building con- taining the property makes the "residence premises. not fit to live In. we cover the Addl- Iional living Expense, meaning any necessary Increase In living expenses Incurred by you so that your household can maintain lis normal standard of living. Payment will be for the shortest time required to repair or replace the damage or. If you perma. nenliy relocale. the shortest lime required for your household to sellle elsewhere, 1. Debris Removal Is deleted and replaced by the following: 1, Debris Removal a. We will pay your reasonable expense for the removal 01; (1) Debris of covered property If a Peril. in-.' sured Against that applies to the damageif; property causes the loss; or -'C.(,; , ",T" HO 01 37 06 95 Copyright. Insurance Services Qillce, Inc.. 1995 Page10U ' (2) Ash, dust or parlicles from a volcanic erupllon Ihat has caused direcl loss 10 a building or properly conluined in u huild- ing. This Ilxpense Is included In II", Innil olllauil- i1y thai applies 10 the damaged proporty, II tho amounllo ue paid lor Ihn aclual dan11l1lo to the proporly plus Ihe dnurls rell10val ox. ponso Is more 11130 Iho 1111111 of lIaullily lur Iho damauod properly, an mldlllonal 5% of Ihal limil of Iluhillly is avallllblo for deurl~ removal expense. (The second senlence of Ihis 1'llra. gmph does not apply 10 Form liO 00 08.) b. (1) If circumslances of 11 lo~s meel Ihose specified In (2) below, wo will PIlY your reasonable expense. up 10 $500. lor Ihe removal from Ihe "residence premlsns- of. (a) Your Iree(s) felled uy Ihe peril of Windslorm or Hail; (b) Your Iree(s) felled by Ihe peril of Weluht of Ice, Snow or Sleel (Forms HO 00 02, HO 00 03, HO 00 04 and HO 00 06 only); or (c) A neighuor's Iree(s) felled uy 11 Peril Insured Against under Coverage C. The $500 limil Is the mosl we wiil pay in anyone loss regllrdless ollhe number of fallen lrees. (2) Tree removal coverage as descriued in b,(1) auove applies only if: (a) The tree damllges a struclure covered under Ihls policy; or (b) Windslorm or HlIiI or WeiUhl of Ice, Snow or Sleet causes dmnllue 10 a slruclurc covered under Ihis policy IIml Ihe Pennsylvania Governor declares the area in which Ihe -residence premises" is localed 10 be a disuster area as a resull 01 such wealher con. dillons. ADDITIONAL COVERAGES 9. Glass or Safety Glazing Material is delelm! ami replaced uy Ihe following: 9, Glass or Safety Glazing Malerlal a, We cover: (1) For all lorms oilIer Ihan HO 00 04 and HO 00 06. Ihe hreakaue 01 glass or salely glalinUll1alerial which is pari of a covered building. slorm door or slorm window. ami for: J (a) For m HO 00 04, II", hl'ftakauo ollllass ()f safely 1I1alin!lll1alorial whic:h is part 01 a huihlinu. slorm door or slOlm win. dow, and cove,od as [Juildln!l Addi. IIOIIS aruJ Allnraliolls; anti (b) Form HO 00 06, Ihe hrllllkallll of 1I111SS or safoly gl'lling lI1alorial which is IJarl of a huildinu. slorrn door or slorll1 win. dow, ilnd covurcd undnr CnvHranC A; nnd (2) For all rOm,!; olhnr Ihan liO 00 04 and HO 00 06, Iho hrcakaUIl. I:ausod dlreclly by Earth Movemenl. of ulass or sa filly gfalinu malorial whldl is parl of a covered buildinU. slorm door or storm window, and for: (a) Form HO 00 04, tho breakago, causod direclly by Earlh Movement. of glass or safely glazing material which is parl of a building, slorm door or storm win- dow, and covered as Building Addl- lions and Allerations; and (b) Form HO 00 06, Ihe broakage, caused dlreclly by Earlh Movemenl. of gfass or sllfely glazing material which Is parl of a building. storm door or slorm win- dow, and covered under Coverage A; and (3) The direcl physical loss 10 covered prop- erly caused solely by Ihe plecus. frag- menls or splinlers of broken glass or safely glazing malerial which Is parl of a building, storm door or slorrn window. b. This coverage does nollnclude foss: (1) To covered property which resulls be- cause the glass or salely gla7.lng malerlal has been broken. excepl as provided In a.(3) above: or (2) On Ihe "residence premises" II the dwell. Ing has been vacant for more than 30 consecutive days Immediately before tho loss. except when the breakage results direclly from Earlh Movement as provided for in a.(2) above, A dwelling being' con, structed is nol considered vacant. . Loss 10 glass covered under Ihls ADDITIONAL COVERAGE 9. will be sellled on the basis of re- placemenl wilh ~afely glazing malerlals when rllquired by ordirmnce or law, ~ Page 2 of 6 CopyriUhl. Insuranco Services Qllice, Inc,. 1995 HO 01 37 08 95 For Forms HO 00 01 and HO 00 08, we will pay up 10 $100 lor loss under this coverage, This coverago doos nol Increase Ihe Ii,",t 01 Ii- abllily Ihal applies 10 Ihe damagod property, (This is ADDITIONAL COVERAGE 8. in Forms HO 00 01 and HO 00 08.) The following ADDITIONAL COVERAGE is added 10 all lorms excepl HO 00 08. Wllh respect 10 Form HO 00 04, Ihe words 'covored building' used below, refer 10 property covered under ADDITIONAL COV- ERAGE 10. 8uilding Addllions and Allerallons, 11. Ordlnanco or Law a, You may use up 10 10% ollhe Iimil of lIablllly Ihal applios 10 COVERAGE A (or lor Form HO 00 04, you may use up 10 10% ollho IImil of liability Ihal applies 10 8uilding Addllions and Alleralions) lor Ihe increased cosls you Incur due 10 Ihe enlorcemont 01 any ordi. nance or law which requires or regulales: (1) Tho conslruclion, demolillon. remodollno. renovalion or repair of Ihal part of a cov- ered building or olher slruclure damaged by a PERIL INSURED AGAINST; (2) The demolillon and reconslruclion ollhe undamaged part 01 a covered building or olher slructure. when Ihal building or olher struclure must be tolally demolished because 01 damage by a PERIL INSURED AGAINST 10 anolher part of Ihal covered building or olher struclure; or (3) The remodeling. removal or replacemenl of the portion of Ihe Undamaged part 01 a covered building or olher slruclure nec- essary 10 complele the remodeling, repair or replacement of thai part of the covered building or olher slruclure damaged by a PERIL INSURED AGAINST. b. You may use all or pari of Ihis ordinance or law coverage 10 pay for Ihe increased cosls you incur 10 remove debris resulling from Ihe conslruclion, demolilion, remodeling, reno- valion, repair or replacement of property as staled in a. above, c. We do nol cover: (1) The loss in value 10 any covered buildmg or olher struclure due 10 Ihe requiremenls 01 any ordinance or law; or HO 01 31 06 95 (2) The costs 10 comply with any ordinance or law which requires any 'Insured' or olhers 10 lest for, monitor, clean up, re- move, conlain, Ireal, detoxify or neulral- ize, or in any way respond 10, or assess Ihe effecls 01, poitulanls on any covered building or olher slruclure, Pollulanls means any soitd, liquid, gaseous or Ihermal irritanl or conlam- Inanl, Including smoke, vapor, sool, lumes, acids, alkalis, chemicals and wasle. Wasle includes materials to be re- cycled, recondilloned or reclaimed, This coverage Is addilional insurance. (This Is ADDITIONAL COVERAGE 10, In Forms HO 00 01 and HO 00 06.) SECTION I ' EXCLUSIONS 1, Ordinance or Law Is deleled and replaced by the following: 1, Ordinance or Law, meaning any ordinance or law: a, Requiring or regulating the conslrucllon, demolillon. remodeling. renovallon or repair of property, including removal of any resull- ing debris. This exclusion 1,a. In all forms olher Ihan HO 00 03, and 1.a.(1) In Ihe Form HO 00 03, does not apply to the amounl of coverage that may be provided for under ADDITIONAL COVERAGES, Glass or Safety Glazing Malerial or Ordinance or Law; b. The requlremenls of whl~h resull In a loss In value to property; or c. Requiring any "Insured' or olhers to test for, monitor, clean up, remove, contain, treat, deloxlfy or neulralize, or In any way respond 10, or assess Ihe effects of, pollutants. Pollulants means any soitd, liquid, gaseous or Ihermal irritanl or contamlnanl, Including smoke, vapor, sool, fumes, acids, alkalis, chemicals and wasle. Waste Includes materi- als 10 be recycled, reconditioned or re- claimed. This exclusion applies whether or not the prop- orty has been physically damaged. (This is exclusion 1.a. In Form HO 00 03,) Copyrighl, Insurance Services Qlfice, Inc" 1995 Page 3 of 8 i L't_, [\'.' , ,p';:; n,>~: ~lG';;;~ ': ';. ~~~~ .,........',,,;\'\:(,.. , pr~::~9 ,. (",~ ~fI1. f:J{~;': . ~ ~ ~ 2. E~rth Movement is deleled and replaced by the lollowinlJ: 2, Earth Movement, meaning earthquake. including land shock waves or Iremors belore. durinlJ or allm a volcanic erupllon; landslide; mine subsidence; mudllow; oarth sinking. rising or shilling; unless dlreclloss by: ~. Fire; or b. EKplosion; ensues and Ihen we will pay only for Ihe ensuing loss, This eKclusion docs nol apply 10 loss by Ihell. (This Is eKclusion 1,b. In Form HO 00 03,) 4. Power F~lJure is deleted and replaced by Ihe lollnwing: 4. Power Failure, meaning Ihe failure 01 power or other ulilily sorvlce if Ihe failure lakes place ofl the 'residence premises'. But fl the lallure of power or other ulillly service resulls In a loss. Irom a PERIL INSURED AGAINST on the "resi- dence premises". we will p~y for Ihe loss or damage caused by that PERIL INSURED AGAINST. (This is eKclusion 1.d. In Form HO 00 03.) SECTION I . CONDITIONS Under 3. Loss Selllement in Forms HO 00 02 and HO 00 03, lIem b.(1) is deleled and replaced by Ihe followino: ' b. Buildings under Coverage A or B at replace- ment cosl wllhout deduclion for depreciallon. subject to Ihe following: (1) fl. OIl Ihe lima of loss, Ihe amount of insur- ance In this policy on Ihe damaged build- ing is 80% or more of Ihe lull replacement cost 01 Ihe building Immediately belore the loss. we will pay Ihe cosl 10 repair or re- place. OIlier application 01 Ihe deduclible and wilhoul deduclion lor depreclalion, bur nol more than Ihe least at the loll ow- .Ing amounts: (a) The Iimil 01 liabllily under Ihis policy Ihal applies to Ihe building; (b) The rcplacemenl cosl of Ih~t part of the building dama!Jed; or (c) The necessary amounl aclually spent 10 repair or replace the damaged buildinlJ. The replacement cost willnol eKceed Ihat necessary lor like conslruclion and use on Ihe same promises; regardless 01 whelher Ihe replacement building or repaired building is localed on Ihe same or a dif- ferent premises. 3. Loss Selllement. Under Form HO 00 06, item b.(2)Is deleted and replaced by Ihe following; (2) If the damage is nol repaired or replaced wllhin a reasonable lime. al actual cash value bul not moro Ihan Ihe amounl re- quired 10 repair or replace. 9. Our Opllon Is deleted and replaced by Ihe fol- lowing: 9. Our Opllon. We may repair or replace any part 01 Ihe damaged property wllh like property if we give you writlen nollce 01 our Intenllon 10 do so wllhin 15 working days aller we receive your signed. sworn prool 01 loss. SECTION II . LIABILITY COVERAGES lIem 1. Coverage E - Personal Liability is deleted and replaced by the lollowing: 1, Pay up 10 our limit olliabitlly for Ihe damages for which Ihe 'insured- is legally liablo; and Under Coverage F - Medical Paymenls to Olhers: Medical eKpenses do not include eKpenses for fu- neral services. SECTION II . EXCLUSIONS Under 1. COVERAGE E - Personal Liability and COVERAGE F . Medical Payments 10 Others. lIem a, is deleted and replaced by the following: ~, Which Is eKpected or Inlended by one or more 'insureds'; SECTIONS I AND II - CONDITIONS 2, Concealment or Fraud is deleled and replaced by Ihe following: 2. Concealment or Fraud a. Under SECTION I - PROPERTY COVERAGES. with respect 10 all "Insureds' covered under this policy. we provide no coverage for loss under SECTION I - PROPERTY COVERAGES II. wholher belore or aller a loss. one or more "insureds' have: (1) Intenllonally concealed or misrepresented any malerlallact or circumstance; (2) Engaged in lraudulenl conducl; or (3) Made lalse slalemcnls; mlallnuto Ihls insurance. t . i , '" Page 4 01 6 CopyriUhl. Insurance Services Qllice. Inc.. lUllS HO 01 37 08 95 b. Under SECTION II - LIABILITY COVERAGES, we do nol provide coverage 10 one or more "Insureds" who, whelher befofl! or aller a loss. have: (1) Inlenlionally concealed or misreprosllnled any malerlal facl or circumslance: (2) Engaged In fraudulenl conducl; or (3) Made false slalemenls: relaling 10 Ihls insurance, 5, Cancellation. Paragraph b. Is dllleled and re- placed by Iho following: b. We may cancel this pohcy only for Ihe rea- sons slaled below by nOlifying Ihe "Insured' In wrlllng of Ihe dale cancellalion lakes ollec!. This cancellalion nolice may be dehvered 10 or mailed 10 Ihe "Insured. named in Ihe Dec- laralions allhe mailing address shown in Iho policy or al a forwarding address. Proof of mailing will be suHicienl proof 01 no- lice. (1) When Ihls policy has been in ellecllor less limn 60 days and is nol a renewal wllh us. we may cancel lor any reason by nolilying Iho .Insured' named in Ihe Declaralions at leasl 30 days before Ihe cancellalion lakes elfecl. (2) When Ihis policy has been in ellecl for 60 days or more, or al any lime if II is n re- newal wilh us. we may cancel only for one or more of Ihe following reasons by noll- fylng Ihe .insured" named in Ihe Declnm- lions alleast 30 days prior 10 Ihe proposed cancollallon dale: (a) This policy was oblalned Ihrough lOa- lerial misrepresenlalion, fraudulenl slalemenls. omissions or concealmenl of facl malerial 10 Ihe acceplance of Ihe risk or to Ihe hazard assumed by us; (b) There has been a subslanllal channe or increase in hazard in Ihe risk as- sumed by us subsequenl 10 Ihe dale Ihe policy was isslled: (e) There is a subslanllal increase in haz- ard insured againsl by reason 01 willful or negligenl acls or omissions by Ihe .insured'; (d) The -insured- has lalled 10 pay Ihe premiulll by Ihe due dale, wlwlher f)aYtlblo 10 us or 10 our anunl or undur any finance or credd plan; or HO 01 37 06 95 (e) For any olher reason approved hy Ihu Pennsylvania Insurance COllllllis- sioner, This provision shall nol apply illhe named "insured" has demonslraled by SOIllU overl aclion 10 us or 10 our agenllhal Ihe .insured. wishes Ihe policy 10 be can- celled. Delivery of such wllllen nollce hy us 10 Ihe "insured" named in Ihe Declarallons allhl) mailing address shown In Ihe policy or al u forwardinn address shall be lllllliv;llonl 10 mailing. 6, Nonrenowal is deleled and replaced by Ihe 101- lowing: 6, Nonronewal, We will nol fuil 10 renew IIlis policy excepl for one of Ihe reasons referred 10 in Iho Cancellallon Provision of this endorsement. We may reluse 10 renew for one of Ihe lisled reasons by mailing 10 the "Insured- named in Ihe Decla- ralions al Ihe mailing address shown in Ihe pol- Icy or at a forwardinn address, wrillen nollce at leasl 30 days prior 10 Ihe expirallon dale of Ihis policy. This provision does not apply II: a, We have Indicaled our wlllinnness 10 renew and Ihe 'insured. has failed to pay Ihe pre- mium by Ihe due dale; or b, The named "insured" has Indicaled 10 us or ollr agenllhallhe .insured. does nol wish Ihe policy 10 be renewed. Delivery 01 such wrillen nollce by us 10 Ihe "In- sured" named in Ihe Declarallons atlhe mailing address shown In the policy or al a forwarding address shall be equlvalenllo mailing, 9. Death. Paragraph b. is deleled and Ihe following added: b, Insurance under Ihls policy will continue as provided In (1) or (2) below. whichever Is laler: (1) For 180 days aller your dealh regardless of Ihe policy period shown In Ihe Declara- lions. unlesll your premises and properly. covered under the policy at the lime of your dealh, Is sold prior 10 Ihal dale; or, (2) Unlillhe end of Ihe policy period shown In Ihe Declaralions, unless your premlsea and properly. covered under tho policy al Ihe lime of your dealh. Is sold prior 10 lhal dale, Copynuhl. 11Isllraru:u Sorvlclls 9111co. Inc., lUU5 Page 5 016: Coverago during Ihe period 01 limo alter your dealh Is subJecl to all Ihe provisions 01 Ihis polley Including paymenl 01 any p,ollliulIl due lor Iho policy porlod shown In Ihe Detl:,ra- lions and any exlenslon of thai period; c. 'Insured' Includes: (1) Any member of your household who Is :m 'Insured' al Ihe lime or your doalh. bul only while a resldenl of Iho 'rosidonco promises.; and (2) Wilh respecl to your property, Iho IlOrson having proper temporary cuslody 01 Iho property unlit appolnfrnonl and quahlica- lion of a legal represenlallvo, All olher provisions of Ihls policy apply. Page 6 01 6 CopYl'inhl. Insurance Servieos Qlticc, Inc,. 1995 HO 0137 0895 \ '.~'''''k_f.1 )if '1 L.L,l=,U UTITZ MUTUAL INSURANCE CO. PENN CHARTER MUTUAL INSURANCE CO. IMPORTANT NOTICE HOMEOWNERS 91 PROGRAM This Is a summary of the major changes In tho now Ilomeownom policy. No cover ago is provided by Ihis summary nor can II be conslruod to replace ony provision of yuur policy. You should read your policy and review your declaration page for complete Inlormetlon un Ihe cuverages yuu ero provided. If there is any conllicl belween Ihe policy and this summary, THE PROVISIONS OF THE POLICY SHAll PREVAil. Some of the language 01 the new pulicy has boen reslalod and repuncluated lor clarity and readability bUI with no change In coverage inten!. The areas within the policy thai broaden, reduce or clarify cuverage are highlighted below. We have followed the poticy sequence 01 provisions In selling out Ihis motorial. I, SECTION I-PROPERTY COVERAGES A. Bro.!!.~enlng.Q[J:.!l'y.!!.~<!gl! 1. Under Coverage C-Special Limlls of Liability: a, the $1,000 special limit on grave markers is deleled, b. two new special limits 01 liability have been introduced to provide $1,000 of coverage for loss resulting 'rom a peril insured against, to adaptable eleclronlc apparatus (such apparatus was previously excluded), such as transportable cellular telephones and Iheir accessories and media thai Is: . in or upon a molor vehicle used ellher lor personal or business purposes-or both; or . away from Ihe residence premises and used solely for business purposes while not in or upon a molor vehicle, 2. Under Coverage C-Properly Nol Covered: a, only loss to eleclronic apparatus operated ~olely by use o' the vehicle's electrical sys- lem is excluded, Previously, such apparalus was excluded whether or not II was operated solely by use of the vehicle's electrical system, b. the provision, under Forms HO 00 01, HO 00 02 and HO 00 03, relating 10 property In an apart- ment regularly rented or held 'or renlalto olhers has been revised to exclude only such property that is not included within the new Additional Coverage-landlord's Furnishings. B, Reduction o. Covera!!!! None II. SECTION I-ADDITIONAL COVERAGES A. Broadening of CoveragQ 1. Glass or Safety Glazing Material coverage is added 10 all forms, to provide coverage for both breakage of and damage by glass or safely glazing material which Is part o' a covered building, storm door or storm window, The 30 consecutive days vacant dwelling exception to coverage continues, 2, landlord's Furnishings coverage is added 10 Forms HO 00 01, HO 0002 and HO 00 03. This new additional coverage provides $2,500 of coverage for loss by all Perils Insured Against excep'1 for the peril of Theil 10 appliances, carpeting and other household furnishings In an apartment on the residence premises regularly rented or held for rental to others by an Insured. In Form HO 00 03, those Perils Insured Agalnsllor which coverage for loss to landlord's Furnlahlngs is provided are specllically Iisled. B. Reduction of Coveragl! Under Form HO 00 08 Debris Removal coverage no longer provides an addlllonal 5% of coverage If the limll of Iiablllly Is not enough to pay for damaged property and debris removed. C, G!!!!!flc:lIlion.!l!.Procec!ll~al_C;~a~ge 1. Under Debris Removal coverage, Ihe limit of liability applicable to tree removal coverage Is revlsed to clarify Ihal $500 is the most Ihal will be paid in anyone loss even!. 2, The Trees, Shrubs and Other Plants Coverage grant is revised to clarlly thai the $500 limit (Form HO 00 06-$250) for each Iree, shrub or planlls pari of Ihe total Umll that applies to Ihls coverage. The tolal limit Is 50/0 of the Coverage A liml!. OVER Form: t.'ll (r,/!)]) III. SECTION I-PERILS INSURED AGAINST A. B1Ql!denl~g.(J.l Co....e~age The exceplion to coverage lor loss due to "constant or ropeated seepage or leakage (01 water or steam from within a plumbing, heating, etc.) over a period 01 weeks, months or years" is eliminated. Coverage will apply unless an Insured takes no aclionto save ami presOlve the property at and aftor the time the water damage becomes visible. In Form HO 00 03 the exception to coverage for loss due tu "birds, vermin, rodents, insects or domeslic anlmala" is revised to Insure for loss caused by a domestic animal not owned or kept by an Insured, Loss caused by domeslic animals owned or kept by an Insured remaliiii."excluded.lnaddllion.this change results In the reduclion In coverage described below, B. Reduclion of Coverag~ In Form HO 00 03 the exceplion to coverage lor Rust is modiliod to preclude coverage lor loss due to any other type of corrosion, In Form HO 00 03 the exception to coverage lor loss due to "birds, vermin, rodents, Insects or domeslic animals" Is revised to exclude loss caused by animals only when the animals are owned or kepi by an Insured. Therefore, loss caused by a non.domestic animal, owned or kept by the Insured, is 110 longer covered. C, Clarificalion or Procedural Change In Form HO 00 03 the exceplion to coverage for loss due to "contaminants or potiutants" is clarified to exclude loss from seepage, migration or escepe 01 pollutants as well as from release, discharge or disper- sal, Further, the provision excluding "pollutants" will provide coverage when the discharge, dispersal, seepage, migration, release or escape 01 pollutants is caused by a Peril Insured Against under Coverage C, In addllion, e definition of "pollutants" is Introduced, In Form HO 00 03 under Coverage A and B, cracking of pavements, patios, etc., is now expressed as a resuft of the sellling, shrinking, bulging or expansion 01 pavements, patios, etc. IV, SECTION I-EXCWSIONS Clarification or Procedure C~ang~ Under the Earth Movement exclusion, mine subsidence is rlCwlysflll9ifLllcl as a type or kind of earth move- ment. V, SECTION I-CONDITIONS A. Clarification or Procedural C~'!n.gll 1. The Loss Settlement Condition in Forms HO 00 01, HO 00 02 and HO 00 03 is revised to restate the actual repair clause and actual cash value/leD days replacement cost clause to ctarify that these provisions are subject to all the requirements 01 the Loss Settlement Condition, 2, The Mortgage Clause Condilion is revised to clarify that the 10 days' nolice requirement applies only when the insurer decides to cancel or nonrenew. Vt. SECTION II-EXCWSIONS A, Reduction of Covera~ 1. Liability Coverage is now ~[lepl!i~<l!ly excluded for: a, sexual molestation, corporal punishment, physical or mental abuse; b. the use, sale, manufacture, delivery, transfer or possession of a controlled substance. Legitimate use 01 prescription drugs is covered, 2, The exclusion 01 statutorily Imposed vicarious parental liability, applying to a child or minor using an excluded motor vehicle, aircraft or watercraft, Is modified to apply to nil vicarious liability for the acts of a child or minor, whether or not stalutorily imposed. B, C_I!!rl'i~ati(Jn or P!l?cedyral..CI!ilng!) The Section II watercraft exclusion is clnrified to specifically exclude liability nrising out 01 the use, maintenance, etc" of certain watercraft principally designed to be propelled by engine power or electric motor, whather owned or rented by an Insured. P~NN~VLVANIA A PLUS ENDORSEMENT FOR RENTERS HOMEOWNERS PROGRAM-Form HO 00 04 L1t1tz Mutual Insurance Company HO-L-l04 (Ed, 4/94) .___~+__._._._____,._________.._.._,.~___....__._ _"_ ____.o____._ __ _+,______"__ ___m_______________._.__.. The Effect of this Endorsement on Your Coverage: In relurn lor on additional premium, this endorsement increases or broadens many of the coverages under your Renlers Policy. SECTION I-PROPERTY COVERAGES Coverage C-Increased Special Limits of L1ablllly The Special Limits of L1abilily under Coverage C-Personal Property are Increased by: lIem 3, $500 on watarcraft, including their trailers, furnishings, equipment and outboard motors, lIem 4, $500 on trailers, not used wilh watercrall, lIem 5, $1,000 on Jewelry, watches, furs, precious and semi-precious stones for loss by theft, but not exceed- ing $1,000 for anyone article, lIem 6. $1,000 for loss by theft of firearms, Item 7. $1,000 on silverware, sllvsr-plated wore, goldware, gold-plated ware and pewterware for loss by thefl. This includes f1alware, hollowware, tea sets, trays and trophies made of or Including silver, gold or pewter, Addlllonal Coveragas lIem 6, Credit Card, Fund Transfer Card, Forgery and Counterfeit Money-the limit of liability for this cover- age is Increased by $1 ,000, The lollowing is added to ADDIT!ONAL COVERAGES: 1, REFRIGERATED PRODUCTS COVERAGE, We will pay up to $500 for loss to the contents of deep freeze or refrigerators on the RESIDENCE PREMISES caused by power Interruption or mechanical failure. When you know about a loss to which this coverage may apply, you must use all reasonable means to protect the refrigerated products from further damage. If you do not protect the relrigerated products as required, this coverage will not be applicable to the loss, Coverage D-Extenslon of Coverage, Loss of Use Loss 01 Use coverage also includes the following additional items: a. If you are not able 10 use your Residence premises because of an order of any civil authority, we cover any resulting Additional Living Expense and Fair Rental Value loss for a period not exceeding seven days. Coverage does not begin until use of the Residence premises has been prohlblled for 48 consecutive hours. b. II you are unable to occupy your Residence premises as a resull of a power failure caused by Peril Insured Against, we cover any resulling Additional Living Expense and Fair Rental Velue lose for a period not exceeding sevsn days, Coverage does not begin until the Residence premises has been unllveable for a period of 48 consecutive hours, Section 1 Exclusion 4-Power Faflure does not apply to this coverage. Arson Reward We will pay a $1,000 arson reward lor information that leads 10 a conviction with respect to a covered fire 10SlI on the Residence premises. PERSONAL PROPERTY REPLACEMENT COST Condition 3.a. Loss selllemenl does not apply to personal property, HO.01-04L Page 1 of 4 HO-L.l04 (Ed. 4194) PENNSYLVANIA A PLUS ENDORSEMENT FOR RENTERS HOMEOWNERS PROGRAM Covered losses to the loll owing property lUe sellled at replacement cost at the time of loss: a. Coverage C-Personal Property; b, II covered in this policy, awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or notallached to buildings. Personal Property Replacement Cost coverage will also apply to the following articles or classes of prop- erty II they are separately described and specifically Insured In this policy: a. jewelry; b, furs and garments trimmed with fur or consist- ing principally of fur; c. cameras, projection machines, films and re- lated articles of equipment; d, musical equipment and related articles of equipment; e. silverware, silver-plated ware, goldware, gold- plated ware and pewterware, but excluding pens, pencils, fiasks, smoking Implements or jewelry; and f, golfer's equipment meaning golf clubs, golf clolhing and golf equipment. Personal Property Replacement Cost coverage will not apply to other classes oJ property separately described and specllically insured. 1. PROPERTY NOT ELIGIBLE Property listed below is not etigible for replacement cost settiement. Any loss will be sellled at aclual cash value at the time 01 loss but not more than the amount required to repair or replace. a, antiques, fine arts, paintings and similar arti- cles of rarity or antiquHy which cannot be replaced. b, memorabilia, souvenirs, colleclors' Hems and similar articles whose age or history contribule to their value. c, articles not maintained in good or workable condition, d. articles that are outdated or obsolete and are stored or nol being used. 2, REPLACEMENT COST The following loss selllement procedure applies to all property insured under this endorsement: a. We will pay no more than the least 01 the fol- lowing amounts: 1. Replacement cost at the time of loss with- out deduction for depreciation; 2. The lull cost of repair at the time of loss; 3. The limit of liability that applies to Cover- age C, if applicable; 4. Any applicable special limits of liability stated In this policy; or 5, For loss to any item separately described and specifically Insured In this policy, the limit of liability that applies to the Hem. b, When the replacement cost for the entire loss under this endorsement Is more than $500. we will pay no more than the actual cash value for the loss or damage until the actual repair or replacement Is complete. If the actual cash value amount Is insufficient to initiate repair or replacement of the lost or dam- aged property, we will advance you a portion of the loss payment we agree upon In order to enable you to Initiate such repair or replace- ment. We will not, however, advance you more than allowed under 2.a. Under this loss settlement procedure, the fol- lowing special provisions apply: 1, You shall promptiy forward to us evidence of the agreement with the party repairing or replacing the property which shows the cost and estimated completion date of tho repaired property or delivery date of the replaced property. 2. We will send to you the balance, if any, of the loss payment previously agreed upon when you notify us of the completion of the repairs or the expected delivery date of the replaced property, 3. If you do not comply wHh the above teoms at any time. we will pay no more than the actual cash value for the loss or damage. In such case, If the amount we advanced to you Is more than the actual cash value. you shall refund the difference to us within 30 days of the date we mall our refund notice to you, c, You may make a claim for loss on an actual cash value basis and then make claim within 180 days after the loss for any additional lIabll. ity In accordance with this endorsement. All other provisions of this policy apply. Page 2 01 4 HO.L.104 (Ed, 4/94) PENNSYLVANIA A PLUS ENDORSEMENT FOR RENTERS HOMEOWNERS PROGRAM SECTION II-LIABILITY COVERAGES Coverage E-Personal Liability The limit of liabilily for lhis coverage is increased by $100.000, Personalln)ury The delinilion 01 bodily injury is amended 10 include personal injury. "Personal injury" means injury arising oul of one or more ollhe following ollenses: 1. False arresl, delenlion or imprisonmenl, or mali, 3. Injury suslained by any person as a result of an cious prosecution; offense direclly or indireclly relaled 10 the employ- 2. Libel, slander or delamalion 01 character; or menl of this person by Ihe "insured"; 3. Invasion 01 privacy, wrongful eviction or wrongful 4. Injury arising oul of or in connection with a "bU,SI- enlry. ness" engaged in by an "insured", This exclus on .. . ' ' applies bul is nol limited 10 an act or omission, Seclron II ExclUSions do not apply 10 personal Ullury. regardless of its nature or circumstance, Involving a Personal Injury insurance does not apply to: sorvice or duty rendered, promised, owed, or 1. Liability assumed by the "insured" under any con- implied 10 be provided because of the nature of the tract or agreement except any indemnity obligalion "business"; assumed by lhe "insured" under a wrlllen conlract 5. Civic or public activilies performed for pay by an direclly relaling 10 lhe ownership, mainlenance or "insured"; or u~e ollhe premises; . . , 6. Injury 10 you or an "insured" within the meaning of 2. InjUry caused by a Violation 01 a penal law or ordr- part a. or b, 01 "insured" as defined. nance commiUed by or with the knowledge or con- All olher provisions of this policy apply. senl of an "Insured"; Coverage F-Medlcal Payments to Others The Iimil of liability for this coverage is increased by $1,000. Additional Coverages Item 3. Damage to Properly 01 Others, The limit of liability under lhis coverage Is Increased by $500, WATERBED LIABILITY Coverage E-Personal Liability-is extended to apply 10 PROPERTY DAMAGE arising out of an INSURED'. ownership or use of a walerbed on the RESIDENCE PREMISES, resuUing In damage to property rented to, occu- pied or used by, or in the care 01 the INSURED, All other provisions of this policy apply, Page 3 01 4 HQ.L-l04 (Ed. 4194) HO 0461 0491 THIS ENDORSEMENT C~IANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED PERSONAL PROPERTY ENDORSEMENT For an additional premium. we cover the c1l1sses olllersonal propurty indicated by an amount of insurance. This coverage is subject to the DEFINITIONS. SECTION I . CONDITIONS. SECTIONS I AND II - CONDITIONS and all provisions of this endorsement. The Suction I deductible liS shown on the Declarations does not apply to this cove raga. 1. 2. Class of Personal Property Jewelry. as scheduled. Furs and garments trimmed with fur or consisting principally of fur. as scheduled. . Cameras, projection machines. films and related articles 01 equipment. as listed, Musical Instruments and related articles of equipment. as listed, Amount of Insuronce Premium $- $- 3. 4. You agree not to perform with these instruments for pay unless specifically provided under this policy. 6. Silverware, silver-plated ware, goldware. gold-plated ware and pewterware. but excluding pens. pencils. flasks. smoking implements or jewelry, 6. Golfer's equipment meaning golf clubs. golf clothing and golf equipment. 7.a. Fine Arts, as scheduled. This premium is based on your statement thet the property insured is located at the lollowing address, at at 7.b. For an addilional premium. paragraph B.b. under Perils Insured Against is deleted only for the articles marked with a double asterisk r') in the schedule below. 8. postsge Stamps 9. Rare and Current Coins Total Fine Arts Amount $ Amount of 7.b, only $ Article SCHEDULE' Description Amount of Insurance THE AMOUNTS SHOWN FOR EACH ITEM IN THE SCHEDULE ARE LIMITED BY CONDITION 2, LOSS SETTLEMENT ON PAGE 3 OF THIS ENDORSEMENT. 'Enlries nmy be left blank if shown elsewhere in Ihis polil:y lor this covera\le. HO 0461 04 91 Copyri\lht. Insurance Services Q,lIice, Inc.. 1990 Page 1 of 3 JI10,P4,~1 04 91 ,., NEWLY ACQUIRED PROPERTY _ Jewelry, Fur., Cemere. end Musical Instruments Only W. covar newly acquired property of e class of propSlly already insured, The lesser of the fOllowing .1,!rniIS eppliss:, 1"".1, 26'16 of the amOUnl of insurance for that class 01 'il., ,of property; or 2, .10,000. When you ecquira new properly you must 'l!l"""j . , ,-",..RsporUhsse objects to us within 30 days; and .. - 2, .P.y the addilional premium from the date ac- quired. NEWLY ACQUIRED FINE ARTS I Whsn Fine Art' are scheduled, we cover objecls of lit Icqulreddurlng the policy periOd for their actual cllh vslue. However, we will pay no more than 25% of the amount ,of insurance for fine arts scheduled. For coverage to apply for newly acquired fine arlS you must: ..1 ~ Report these objecls to us within 90 days; and 2, Pay the additional premium from Ihe date ac- quired, PERILS INSURED AGAINST W. Insure against risks of direclloss to property de- letlbed only If that loss is a physical loss to property; howsver, wa do not insure loss caused by any of the fOllOWing: I 1. Wear and tear. gradual deterioration or Inher- ent vice,: - - Z; Insects or vermin, 3. War, Including the fOllOWing and any conse- I' queunce of any of the fOllOWing: e. ndeclared war, civil war. insurrection. re- bellion or revolution; /. b. Warlike act by a military force or military , personnel; or c. Destruction, seizure or use for a military purpose. Discharge of a nuclear weapon will be deemed 3 warlike act even if accidental. 4. Nuclear Hazard. to the extent set forth in the Nuclear Hazard Clause of Section I - Condi- tions. 6. If Fine Arls are covered: a. Repairing. resloration or relOuching proc- oss; b. Breakage of art glass windows. glassware. C ',', I ; statuary, marble. bric-a-brac. porcelains ..- " . arid similar fragile articles. We cover loss by breakage If caused by: (1) Fire or lightning; '-.2 qt~'1 (2) Explosion, aircraft or colliSion; (3) Windstorm. earthquake or flood; (4) Malicious damage or lheft; (6) Derailment or overturn of a conveyance. We do not insure loss. from any cause, to property on exhibilion at fair grounds or premises of national or Internationel exposi- tions unless Ihe premises are covered by this policy. 6. If Postage Stamps or Rare and Current Coins collections are covered: a. Fading. creasing. denting. scratching, tearing or thinning; b. Transfer of colors, inherent defect, dampness, extremes of temperature, or de- preciation; c. Being handled or worked on; d, Tha disappearance of Individual stamps, coins or other articles unless the Item Is: (1) Described and scheduled with a spe- cific amount of insurance: or (2) Mounted in a volume and the page It is allached to Is also lost; e. Shipping by mail other than registered mail; or f. Theft from any unallended automobile unless being shipped as registered mail, We do not insure loss, from any cause, to properly: a. In the custody of transportallon compa- nies; or b. Not part of a stamp or coin collecllon. TERRITORIAL LIMITS We cover the property described worldwide. How. ever, Fine Arts are covered only within the United States and Canada, SPECIAL PROVISIONS " Fine Arts: You agree that the covered property will be handled by competent peckers. 2. Golfer's Equipment includes your other cloth- ing while contained in a locker when you are playing golf. We cover golf balls for loss by fire or burglary provided there are visible marks of forcible entry into the building, room or locker, CopyriOhl, Insurance Services Qflice. Inc.. 1990 H 0 04 61 04 91 I I i 3, Postage Slamps includes the fOllOWing owned by Or in the custody or control of Ihe "in- sured'; o. Due. envelope. official. revenue. match and medicine stamps; b. Covers. locals. reprints. essays. proofs and - other philatelic properly; or c. Books, pages and mounUng of ilems in a. and b. 4. Rare and Current Coins includes the following Owned by or in CUslody or control of the "in. Sured": o. Medals. paper money. bank notes; b. Tokens of money and olher numismalic properly; or c. Coin albums, containers. frames. cards and display cabinels in use with such col. lection. CONDITIONS 1. Loss Clause: The amount of insurance under this endorsement will not be reduced except for a total loss of a scheduled arUcle. We will refund the unearned premium applicable to such article aller the loss Or you may apply it to the premium due for the replacement of the scheduled arUcle. 2. Loss Senlemenl: Covered property losses are seWed as follows: 0, Fine Arts. We will pay the amounl shown for each scheduled arricle Which is agreed to be the value of the arlicle. In case of loss 10 a pair or set. we agree 10 pay you the full amount of Ihe set as shown in Ihe schedule and you agree to Surrender the remaining arlicle or articles of Ihe set to us, b. POSTAGE STAMPS OR RARE AND CURRENT COIN COllECTION _ IN CASE OF LOSS TO ANY SCHEDULED ITEM, THE AMOUNT TO BE PAID WILL BE DETERMINED IN ACCORD_ ANCE WITH PARAGRAPH 2.c. OTHER PROPERTY. WHEN COINS OR STAMPS ARE COVERED ON A BLANKET BASIS, WE WILL PAY THE CASH MARKET VALUE AT TIME OF LOSS BUT NOT MORE THAN 01,000 ON ANY UN- SCHEDULED COIN COllECTION NOR MORE THAN $250 FOR ANY ONE STAMP, COIN OR INDIVIDUAL ARTICLE OR ANY ONE PAIR, STRIP, BLOCK, SERIES SHEET, COVER, FRAME OR CARD, HO 04 87 04 91 HO 04 61 04 91 WE WIll NOT PAY A GREATER PROPORTION OF ANY LOSS ON BLANKET PROPERTY THAN THE AMOUNT INSURED ON BLANKET PROPERTY BEARS TO THE CASH MARKET VALUE AT TIME OF LOSS. c, OTHER PROPERTY - THE VALUE OF THE PROPERTY INSURED IS NOT AGREED UPON BUT WIll BE AS- CERTAINED AT THE TIME OF LOSS OR DAMAGE. WE WILL NOT PAY MORE THAN THE LEAST OF THE FOllOWING AMOUNTS: (1) THE ACTUAL CASH VALUE OF THE PROPERTY AT THE TIME OF LOSS OR DAMAGE; (2) THE AMOUNT FOR WHICH THE PROPERTY COULD REASONABLY BE EXPECTED TO BE REPAIRED TO ITS CONDITION IMMEDIATELY PRIOR TO LOSS; (3) THE AMOUNT FOR WHICH THE ARTICLE COULD REASONABLY BE EXPECTED TO BE REPLACED WITH ONE SUBSTANTIALLY IDENTICAL TO THE ARTICLE LOST OR DAMAGED; OR (4) THE AMOUNT OF INSURANCE. 3, PAIR, SET OR PARTS OTHER THAN FINE ARTS: o. LOSS TO A PAIR OR SET IN CASE OF A LOSS TO A PAIR OR SET WE MAY ELECT TO: (1) REPAIR OR REPLACE ANY PART TO RESTORE THE PAIR OR SET TO ITS VALUE BEFORE THE LOSS; OR (2) PAY THE DIFFERENCE BETWEEN ACTUAL CASH VALUE OF THE PROPERTY BEFORE AND AFTER THE LOSS. b. PARTS IN CASE OF A LOSS TO ANY PART OF COVeRED PROPERTY, CONSIST_ ING OF SEVERAL PARTS WHEN COMPLETE, WE WILL PAY FOR THE VALUE OF THE PART LOST OR DAMAGED. Copyrighl, Insurance Services Qffice. Inc.. 1990 Poge 3 of 3 # . J , I , '" MurUALS-MLMUERSIIIP AND VOIING NOIICE: fhe insured is nolilied Ihal hy virlue of this policy, he is a OIellllier III tho Lil111 Mnluallnsllrance Company 01 Lilill. Ponnsylvani.l, ami is entilled 10 vole oil her in person or hy Inoxy at any and allllleelinp,s III said Company. rhe Annual Moel inp,s are held in its 1I0mo Ollice. nn Ihe second Saturday of Janu."y. in each ye.", al VlO o'clock ('.M, MUTUALS. PARTICIPATION CLAUSE WIlIIOUf CONlItlGENT L1ARILlIY: Ilo Conlingenl Liability: This policy Is nonassemhle. The policyholder Is a member 01 the company and shall participate. 10 the extent and upon the condilluns lixed and determined by the Hoard of Directors In accnrdance wllh the provisions of law, in the dislribullon or dividends so fixed and determined. In Witness Whereof, we have caused this pnlicy 10 lin cxeculed and atlesled, and, if requircd by slale law, Ihis polky shall not lie valid unless counlersip,ned liy our autirorized represenlalivc, /L., ((}j ~ ,\(ml'''?1 ~. /' # ~ /in.\/I11/11 STETLER & GRIBBIN LEO t CRIBBIN JOSEPH '11, MOYER JOHN J, SVLVANuS WALTER ^ TILLEY. III DAVia A. MrLU THOMAS F, MEUTER CLORrANA NOREIK.\ RICHARD D HOLLINC'lVORTH l\ICHAP-O J. McCR^CKEN- STEVEN R TRECM ATTORNEYS AT LAW 138 lAn MAUlT ~n.UT p, 0 lOX ~586 YORK. PENNsnVANIA 11405 NEVIN STETLER IIDII5.llil\1&1 TlLEPHON~ (711) &5...\l50& May 22, 1998 '^x 17171 845.4031 .,~u.o ACMlrnD IN MAAYLAND Samuel L, Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 RE: Horne v, Lititz Mutual Insurance Company Court of Common Pleas, Cumberland County, PA No. 97-425 My File No, 8512-96 Dear Mr, Andes: Enclosed please find a NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 of the subpoena I plan to serve upon Financial Trust Bank, If you have any objections regarding this subpoena, please notify me on or before May 29, 1998 rather than the 20 day time limit of June 11, 1998 so that your objection, already raised, can either be waived or made subject to the MOTION OF DEFENDANT FOR ORDER ON OBJECTIONS TO SUBPOENAS, Thank you for your time and attention to this matter, Enclosure OM/vb cc: Scott Lutz, Claim No, 2-96-1885 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J, Horne, Plaintiff No, 97-425 Civil Term v. Lititz Mutual Insurance Company, Defendant Civil Action - Law NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Litit= Mutual Insurance Company, intends to serve a subpoena identical to the one that is attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made, the subpoena may be served. D.t.d,":J,::l. zL. ({,'8 '(I' Respectfully submitted, ~, .1 S:rETLER & GRIBBIN!" , \ fI 1 / (j' , I / .' I ' ~ I . " ~ . I By: /l~" 1.. .I :.' ~Oavid ~ills, E~quire Supreme Court ~Ic, 37192 138 East Market'st:eet PO Bex 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant '1 r ~ .l'.: 1. . , .' ..~,.. CHERYL J. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-0425 CIVIL LlTlTZ MUTUAL INSURANCE COMPANY, Defendant CIVIL ACTION - LAW IN RE: MOTION FOR ORDER OVERRULING OBJECTIONS TO SUBPOENAS ORDER AND NOW, this 2 J" day ofSeplember, 1998, following argument thereon, the defendant is herewith granted leave to serve a subpoena upon Financial Trust Bank for records regarding a safe deposit box rented to Jeanne Lukowski between January I, 1991, and December 31, 1996. The remainder of the motion for an order overruling objections to subpoenas is DENIED. BY THE COURT, Samuel L. Andes, Esquire For the Plaintiff ;6tu~;J ;J / David Mills, Esquire For the Defendant :rlm ..,j.~ f I t ~.' (': ,"I;: r~Av ';iB~i~~.., Ii ~~t:~,.' l;: .:..~:-t~;:~~< i,[r", - '. .... ,:h~ .,~' 'i,'~...':~,;{,1t~.:". ," ..n . ;,\;.,,' ~ """";. . ~~I;./' .t.""l,Y'" '. '. . (.kj~:! ,':,' It~;;~.." "!, ~rI17.,)'; f'< 1~+:l~\ ;b::;;~t;;. '.: . ~~~~~:?c~: t " .,:d,. ';<~.r~~' , . . t~i' ',~'~ ~ ,{, ", " - '.., "';' f " < ~ ",'." " fJ. ~.., ~.~ . -~ -~~, .; .[ .: I; .' .~'& ~4~li .' i j"lll ~ ...t'! i;: I, .J " I. .~ ; :~-;- ,. '~"""-' . . . ~. . " :"'~. .... . ." , , .', .' ~ ,. ,', , " ' . CHERYL J. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 97-3869 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED v, GENERAL ACCIDENT INSURANCE COMPANY, Defendant CHERYL J. HORNE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, , PENNSYLVANIA Plaintiff v. / NO. 97425 L1TITZ MUTUAL INSURANCE COMPANY, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant RULE TO SHOW CAUSE AND NOW. this ~, ~ day of , a Rule is hereby ~h""", issued upon Defendant Lititz Mutual and Plaintiff as to why the above-captioned action should not be consolidated for purposes of discovery only, Rule returnable within z.. days of service. BY THE COURT: -f-AJ / / J. FI'.JO-DfF:,C~ OF TL'" -~~"I "'''I'T'ny r:.: . ';':.', '..t:\ )It'll 99 SEP 21 Pi' La: I G C\ll'[)';~;' ','." I'I"'U'nv '-' tJ,\j__....I' .lJ .....J l~ll r-ENi\S\(l:/f"l~~ CHERYL J. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 97-3869 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED , I I " v. GENERAL ACCIDENT INSURANCE COMPANY, Defendant CHERYL J. HORNE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-425 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiff v, L1TITZ MUTUAL INSURANCE COMPANY, Defendant MOTION TO CONSOLIDATE FOR PURPOSES OF DISCOVER.Y 1. Plaintiff, Cheryl Horne has filed an action seeking to recover for the alleged theft of property. 2, She has brought an action against Lititz Mutual and against General Accident seeking to recover on insurance policies with the respective insurers. 3. Based upon information and belief the actions and the underlying claims arise from the same incident. 4. Defendant General Accident files this Motion pursuant to Pa.R.C.P. Rule 213 to consolidate the two actions for purposes of discovery only. 3 , 1999, I, Cynthia D. Byrd, secretary In the law firm of Thomas, Thomas & Hafer, LLP hereby certify that I sent a true and correct copy of the foregoing document to the following counsel of record by placing a copy of same In the United States, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 David A. Mills, Esquire Stetler & Gribbin 138 East Market Street Post Office Box 2588 York, PA 17405-2588 ~j~'n,~ ~ Cyn la D. Byrd - , 5 i I I 'I I 8. Admitted in part and denied in part. The endorsement on the policy in question speaks for itself. The endorsement, and the entire policy, was prepared by the Defendant and its agents and representatives. Plaintiff advised Defendant's representative, when applyil1g for the policy that some items of jewelry had been replaced as a result of their loss in August of 1995, and Plaintiff fully disclosed and made know to Defendant's representative the loss of those items and their replacement by General Accident. The application for insurance was prepared by Defendant's agent. 9. Admitted, 10. Plaintiff admits having a telephone discussion with a representative of the New Cumberland insurance agency regarding this subject, but cannot be certain of the date of that telephone conversation and so denies same and demands proof thereof at trial. Plaintiff made that inquiry to compare the answer to infonnation provided to her by Defendant's agent in his efforts to persuaded Plaintiff to buy insurance through his office from Defendant. II II. ",,;,d ",","'. Th, ",..",,,ti,, ,f th, N,w C""''''cl..d ;"""",, ....'l' "'~"" Plaintiff that the method of setting the loss would be up to the insurance company and the tenns of the policy in effect at the time. 12. Denied, After reasonable investigation, Plaintiff is without knowledge or infonnation II sufficient to fonn a belief as to the truth and accuracy of the avennents set out in Paragraph 12 Ii Ii because that infonnation is within the exclusive control of the Defendant and its agent. Plaintiff Ii II denies those avennents and demands proof thereof at trial. Ii I Ii I' I' Ii i! 13. Plaintiff admits that she reported items of jewelry stolen from her residence on or about 30 January 1996 and made that report to the Hampden Township Police Department. 14, Admitted. By way of further answer, Plaintiff states that, on that date, for the first time, Defendant's agent told her that Defendant wished her to obtain insurance from another source. Defendant's agent promised to look into the matter and get back to Plaintiff, bl:t he did not do so. On or about that same day, Plaintiff reported the loss directly to Defendant. 15. Plaintiff admits that she completed fonns provided her to a representative of Defendant, completed those fonns in accordance with the instructions given her by that representative and signed those fonns and provided them to Defendant. The documents, in their entirety, speak for themselves. 16. Admitted, By way of further answer, Plaintiff says that she prepared the inventory by listing the items of jewelry which had been included in the policy of insurance prepared by Defendant and its agent. 17, Denied as stated. Plaintiff called the New Cumberland insurance agency after she had been advised by Defendant that it.would not continue the renters' insurance policy and had received a notice from Defendant that the policy would be canceled. She inquired about the price of insurance and, detennined after hearing that price, that she could not continue to pay the cost of insurance on the jewelry, which she no longer had in her possession at that time anyway. ., f;. I I' I',i'.' '" , " ~. ., ~. 18, Denied as stated. Plaintiff changed her mind and decided to continue the coverage on her jewelry when she considered that there was some chance the jewelry would be recovered and restored to her possession, or that it might be replaced. 19. Denied, Plaintiff has no recollection of receiving such a letter. Whether the letter was sent to her or not is information within the control of a third party and not reasonably available to Plaintiff, and so she denies same and demands proof thereof at trial. 20. Although Plaintiff cannot admit the date, she did call the New Cumberland insurance agency and instruct them to delete the jewelry rider, Plaintiff had to decided she could not afford to pay for insurance on items she no longer had in her possession and that she could change the policy later if the jewelry was restored to her, 21. Denied for the same reasons set forth in the answer to Paragraph 19 above. 22. Denied, Plaintiff admits that she told Defendant's representative that there was not policy of insurance in effect on the date of the loss, referring to the General Accident policy which she believe had been terminated by Defendant's representative. She denies such statement was false and believed it was true at the time she made it. Only subsequently has she learned that the General Accident policy may well have been in effect on the date of the loss. 23. Denied. Plaintiff did not conceal any facts from Defendant or its representative. Plaintiff disclosed that a tennis bracelet and pair of earrings had been replaced by General Accident Insurance in August of 1995 and that the items lost in January of 1996 were different items that had been lost the prior August. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Horne, Plaintiff . . No. 97-425 Civil Term . . v. : Civil Action - Law Lititz Mutual Insurance Company, Defendant . . , . . . PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY, Lawrence E. Welker: Please enter the appearance of Stetler & Gribbin as attorneys for Defendant, Lititz Mutual Insurance Company. Respectfully submitted, /} Dated: I.... :;; \..:;7e}rcJ,.Lr~ ;(/;-( 0 ...."..") 0 c; -' -, J !: - .." , .' . co, J - - ,:J :~n .. I rn . C\ 0 " . -:, ~::6 H.', -. ::.; ,'-:~H - 1..J-- - . : ~? :-0 (.')rn :j .:tJ -- C" ....J '< SHERIFF'S 1l~:TIJf/tl - uur IJF CUIINTY CASE Nil: 1 'J9'1-IOIIJ'\2:j P CIJMMUNW~:^l.TIt IJF r~;NNSYI.V^NIA: CIJIINTY IJF CIJMHI':RLAND HIll'lNI'; CItEl'lYL J VS, f_ ['f' ['f~ MIJTUAI. [NS CIl R, Thomas Kltne , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: LIT IT? MUTUAL INSURANC~; COMPANY but was unobl~ to locate Them in his bailiwick. He therefore deputized the sheriff of l.ANCASTER COUNTY to serve the within COMPl.AINT County, Pennsylvania, On Februorv f',th, l'J97 , this office was in receipt of the attached return from LANCASTER COUNTY County, Pennsylvania, Sh~riff'3 Costs: Dock<:>ttng [lut of County SurchargE' LANGASTEH COUNTY :'0 answers; 1H,00 9,00 2.00 3~.54 H~4. ::>4 SAMUl::1. AN/lr:S 02/0&/1997 I H. :..:::y.--...--~/ /...--,;....~ Ihomas K11ne, Sher1!! Sworn and sub3<.:rtbe,j to before me this jV'!:: _ doy of 1...k.~ 1':J 91 _ A, D, ~Uf>ro~~n~'l~:~~' ,-4-0' 0 N t-= 0 c;, a..<i. UJ uJa.. > ...... 0 , :i V)O - . (..) UJ CTI ,.... <.) N u-(..) UJ :z: ~:z: 0:3: lJJ<l: ~ -. ;:c...l l"- V) CTI -.--"Y"t::...... .... ~.-. '. :-.:"'i..,.\\ "',.' .' ..~.,..~~, , " i\ 1'1..:.(; t}'; 'f ~.~ t'';\::1'" ! ~. "';"/ '( r~,Jo '..'."; . '.'1 . -",.",lr" \ ,;' ':;~i:':"""4;;~" .~:t~Hnl~ l,;....~{.'lr//.. ',,"";'C' 11.14. J:{\."" . c' t~r.~):t'L .. ~::~ /(~'~r~'~~~~L',:L:.J.' :,~~:~:' ' ':'I;:\S.1t(~_~~;, ~ '.1si .. ',,1 .:1, ~ I~ ~ ~ Q - ~i 91 t Z III < <> r&l...:l Il: ...:1>< r&l ll<1Il ~ Z r&l III Z ZZ U Z - ~ ~ ~ Or&l Z < III ~ll< < III Il: '0 - :s ~ o - 0 ~ '" ~ ~ ~ ~ u>< III III 0 E-< - Z 19 S ~ rs.z r&l H Oil: ~h 00 ZII-I ,j,J <r&l '" 0 Il:II-I ...:I ~ r&lE-< III ~ 3 0; .l: E-<U 0.... < III ...:IE-< ...J Il: :>::,j,J 0 '0 ll<< ~ q ~ 00 ~ E-< ~ 111 :E OZ '.... 0 QI N 0 ~ u< Ijlll :E -11-I .- ... E-<~ ...:I .-l . ><QI I r&l r&lll: ...:Ill< > to:IZO l"- r&lZ :>::r&l >< E-<< '" U E-<1Il Il: Hll< H:>:: :E r&l E-<:E , E-<E-< zo :>:: ::{8 ~ ~~ HU U . , . .. . . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA t r , Cheryl J. Horne, Plaintiff , . No. 97-425 Civil Term ~ . . v. Civil Action - Law Lititz Mutual Insurance Company, Defendant : . . , . ANSWER WITH NEW MATTER 1. Denied. The insured of Lititz Mutual Insurance Company was Cheryl J. McSherry, The insured's address was 100 Reeser Road, Camp Hill, Pennsylvania. 2. Admitted. 3. Admitted in part. Denied in part. Plaintiff maintained a home at 100 Reeser Road in Hampden Township, Cumberland County, Pennsylvania on January 29, 1996. Plaintiff did not own either a 14K yellow gold tennis bracelet with 55 round brilliant diamonds, listed at $3,800.00, or one pair of 14K yellow gold earrings with two round brilliant diamonds of ,75K total weight, listed at $2,200.00. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief to the truth of the averment that Plaintiff owned other furnishings, household goods, other items of tangible personal property or jewelry listed and identified on Schedule A. 4. Admitted in part. Denied in part. Plaintiff reported to the Hampden Township Police Department a theft which was alleged to have occurred on January 29, 1996 and provided a list to the police on or about January 30, 1996 of the items allegedly removed and stolen from Plaintiff's residence and possession. After 1 reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments. 5. Admitted in part. Denied in part. Lititz Mutual Insurance Company insured the interests of Cheryl J. McSherry in property as set forth more fully in the policy of insurance, which conditions coverage and excludes coverage as more fully set fo~th in the policy of insurance, 6, Admitted in part, Denied in part. Plaintiff reported an alleged loss to Bryan Goodhart of Shiner Insurance Agency on January 31, 1996. Plaintiff has not done everything requested or required of her by Defendant or by the policy of insurance issued to her by Defendant, as is more fully set forth in New Matter hereinbelow. 7. Admitted in part. Denied in part. On October 14, 1996, Defendant denied Plaintiff's claim for payment under the policy of insurance and refused to make payment to her for the items insured which were allegedly taken by theft. The request for an appraisal, first invoked on September 24, 1996 was addressed in the October 14, 1996 letter of denial, B. Denied. Plaintiff engaged in concealment or fraud, as defined by the policy of insurance, providing no coverage for losses under the policy. 9. Admitted in part. Denied in part. Defendant has refused to pay Plaintiff the sums she has claimed. Defendant has breached no duty required by the policy, as alleged. 2 10. Denied, Defendant has acted in accordance with its contractual agreement with Plaintiff and in accordance with public policy to deny coverage on the claims made, WHEREFORE, Defendant, Lititz Mutual Insurance Company, respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff, dismissing with prejudice all claims. HEW MATTER 1. The answers to the Complaint are incorporated herein by reference thereto. 2. On August 31, 1995, Cheryl J. McSherry reported to New Cumberland Insurance Agency the disappearance of earrings and a bracelet, which had been insured with General Accident Insurance Company, policy No. HP 0164900. 3. The items alleged to have been lost on August 30, 1995 were scheduled in a jewelry endorsement with General Accident Insurance Company, policy No. HP 0164900, as follows: a. Item 002 ladies diamond tennis bracelet, 14K Y/Gold with 55 cut diamonds, Value $3,800.00. b. Item 004 ladies diamond earrings, 14K Y!Gold set with two cut diamonds. Value $2,200.00, 4, On September 25, 1995, General Accident Insurance Company deleted the aforesaid items from the schedule of personal property for Cheryl J. McSherry, replacing them with the following items: a. Item 002 ladies 14K Y!Gold diam. tennis bracelet. 55 round brilliant cut diamonds with total appropriate wt 3.30 ct.. Value $6,500.00. 3 b. Item 004 ladies 14K Y/Gold stud earrings. 2 round brilliant cut diamonds with total wt. of .78 ct. Value $2,250,00. 5. On December 29, 1995, Cheryl J. McSherry asked Shiner Insurance Agency to obtain a policy of homeowner's insurance and a jewelry endorsement, but was told that a tenant's policy could not be written with a doberman pinscher in the household. 6. On January 2, 1996, Cheryl J, McSherry applied for a policy of insurance for scheduled personal property with a jewelry endorsement. 7. On January 2, 1996, Shiner Insurance Agency gave Cheryl J. McSherry a rate on a tenant's policy with a jewelry endorsement. 8. The jewelry endorsement for Lititz Mutual Insurance Company policy No. 95-07-84 included, among other things: a, b, 08 10 14K Y/G TENNIS BRACELET W/5S RND BRLNT DIAS; 1 PR 14K Y/G EARRINGS W/2 RND BRLNT DIAS ,75cT TW, 9, Lititz Mutual Insurance Company policy No. 95-07-84 was to have been effective January 2, 1996 for a one year term. 10. On January 3, 1996, Cheryl McSherry called New Cumberland Insurance Agency, asking, if a loss to scheduled items happened and the property could not be replaced, what would happen. 11. On January 3, 1996, New Cumberland Insurance Agency advised Cheryl McSherry that if there were no luck with the policy options in settling the claim, a check would issue to the insured for the amount of the appraisal, 12. On January 23, 1996, Lititz Mutual Insurance Company requested Shiner Insurance Agency to place Cheryl McSherry's 4 coverage with another carrier as the jewelry scheduled on the endorsement exceeded the 50 percent limit of Coverage C. 13, On January 30, 1996, Cheryl J. McSherry listed the property alleged to have been stolen for investigating officer Kenneth Gutshall of Hampden Township Police Department. 14. On January 31, 1996, Cheryl J, McSherry informed Shiner Insurance Agency of a theft with no forced entry but that someone had come in through the bedroom window to steal jewelry from a jewelry box. 15, On February 8, 1996, Cheryl J. McSherry swore and subscribed to the following statements: THE TOTAL AMOUNT OF INSURANCE upon the property described by this policy was, at the time of the loss, $52,000.00, as more particularly specified in the apportionment attached, besides which there was no policy or other contract of insurance, written or oral, valid or invalid, * * * The said 1018 did not originate by any act, design or procurement on the part of your insured, or this affiant 1 nothing has been done by or witb the privity or consent of your insured or tbis affiant, to violate the conditions of the policy, or render it voidl no articles are mentioned berein or in annexed scbsdules but such as where destroyed or damaged at tbe time of said 10.Sl no property saved bas in any manner been concealed, and no attempt to deceive tbe said company, as to the extent of said loss, bas in any _nner been _de. Any otber information that _y be required will be furnished and considered a part of this proof. 5 16. On February 9, 1996, Cheryl J. McSherry submitted an inventory to Lititz Mutual Insurance Company, which included, among other things: a. One tennis bracelet, described as "14K gold tennis bracelet 55 diamonds" with the insured's claimed cost/value set at $3,800.00; and b. One pair of diamond earrings, described as "14K gold diamond earrings .75" which the insured I s claimed cost or value was $2,200.00. 17. On February 26, 1996, Cheryl J. McSherry called New Cumberland Insurance Agency concerning a renewal bill for a policy of insurance, with jewelry endorsement, issued by General Accident Insurance, No. HP 0164900, claiming that it was "too much" and asking to delete the jewelry schedule. 18. Later on February 26, 1996, Cheryl J. McSherry called the New Cumberland Insurance Agency to advise to leave the schedule on. 19, On February 27, 1996, New Cumberland Insurance Agency sent a letter to Cheryl J. McSherry, advising that the jewelry schedule had not been deleted. 20. On March 18, 1996, Cheryl J. McSherry called the New Cumberland Insurance Agency asking to delete the jewelry schedule. 21. On March 19, 1996, New Cumberland Insurance Company sent a letter to Cheryl J. McSherry, deleting the schedule for jewelry. 22. On March 22, 1996, Cheryl McSherry was examined, under oath, in which she stated falsely that she did not have a policy of 6 Company, No. HP 0164900 was in effect when the theft loss was alleged to have occurred on January 29, 1996, 27. It is believed, and therefore averred that General Accident Insurance insured the following items alleged to have been taken by theft on January 29, 1996, and which were also named on the endorsement for Lititz Mutual Insurance Company including, but not limited to: 01 LADIES 14K Y/G DIAMOND TENNIS BRACELET w/SS DIAB APP 3,30CTS; 02 LADIES 14K Y/G STUD EARRINGS W/2 RHO BRLNT CUT DIAB ,70 CT TW; 07 14K Y/G PENDANT W/BLACK ENAMELING W/5 DIAS 14K Y/G 20IN ROPE CHAINI 09 14K Y/G CHEVRON LINK STYLE TENNIS BRACELET W/33 RIID BRLNT DIASI 11 1 PR 14K Y/G EARRINGS W/6D RIID BRLNT CUT DIAS; 12 14K GOLD BANGLE STYLE ANTIQUE DESIGN BRACELET W/l DIA ,15cT; 14 14K Y/G RING W/15 RHD BRLNT CUT DIAB 1CT TN; 15 14K Y/G RING W/15 DIAB l,D4CT TN; 16 14K Y/G RING w/1 RHD BRLNT CUT DIA APP ,6SCT; 10 LADIES RING W/6 SAPP APP ,60CT TW & 6 RIID BRLNT DIA ,12CT TW l4K Y/GI 19 14K Y/G RING W/4 RHO BRLNT CUT DIAB APP ,40CTI 20 14K Y/G RING W/1 RHO BRLNT CUT DIA APP ,96CT 14K Y/G HNTGI 21 BIRTHSTONE FAN RING l4K YtG W/1 MARQ ,2SCT 2 RIIO ,80 CT '1 ,07CT OIA: 22 14K Y/G RING W/,56CT DIAl 23 10K Y/G , STAINLESS STEEL LADIES ROLEX OATEJUST WATCH W/lO DXAB, 28. Lititz Mutual Insurance Company conditions its policy of insurance as follows: 7, other Insurance. If a loss covered by this policy is also covered by other insurance, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss, 29. Cheryl J. McSherry has never attached bills or receipts to justify the figures in the inventory for the items alleged to have been lost by theft on January 29, 1996. 30. Plaintiff, Cheryl J, Horne, lacks standing to sue Lititz Mutual Insurance Company. 8 31. The contractual limitation of time bars an amendment of the party, named Cheryl J, Horne, to the real party in interest, Cheryl J, McSherry. l , " , , .:. 32. Lititz Mutual Insurance Company conditions its insurance as follows: 8. suit Against Us. No action can be brought unless ths policy provisions have been complied with and the action is started within one year after the date of loss. 33. Lititz Mutual Insurance Company conditions its coverage on the following basis: C-Increased Special Limits of $1,000.00 on j_e1ry, watches, furs, precious and semi-precious stone. for loss by theft, but not exceeding $1,000.00 for anyone article. WHEREFORE, Defendant, Lititz Mutual Insurance Company, Coverage Liability Item 5, i. respectfully requests this Honorable Court to enter judgment in its favor, dismissing with prejudice all claims. Dated: /~n By: Da ~ Mills, E quire supreme Court N 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant "i :: 9 '.- \oil ;- b; i:-' ...:J t"e ~ .-. ') .~ ()', -- .) ;.- r" - , 1:, ~. ,... Sl; ,:-J :- C:.l~ -J) lIJ.-. I ~ -.'1 :.~ L. ) - ; III . I I ..:- 'u. P. .' :j u 0' 0 , Z I( Ul I( ll< I( > :E r&l ..:I 0 Ul ..:I >< t.l Cl ll< Ul Pi:Z Z r&l OH Z Z Z t.l r..0 _ to ~ 0 r&l Z I( - ~ ll< ~ 8r&l lQ Z..:I lQ :q :s - 0 , 0 I(ll< ~ t.l >< Ul 0 0 ~in Eo< , Z Zr&l r.. Z r&l H r&la:: Qi sn 0 0 Z.... ~ r..8 ~ <l ~ 0 Pi:.... ..:II: r&l ~ 8 t.l 0'O'i I(IIl OZ III 030: ~ Pi: a::~ O'tl 0 ..l ~ ~ :i 0 0 I: 81: III r.. ~ 0 Z ,..-I OQ) N 08 ~ t.l I( I"] III :E.... ... Z ..:I .-l . Q) I Zr&l r.l Pi: ..:Ill< > t'l0 I' OlE a:: r&l >< 8 '" HCl 8 III Pi: H 80 :E r&l Eo< . 00 Z 0 a:: H 0 :EI"] H t.l t.l ..:I Z . -' ." .' , . . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Horne, Plaintiff , . No. 97-425 Civil Term . . v. Civil Action - Law Lititz Mutual Insurance Company, Defendant MOTION OF DEFENDANT FOR JUDGMENT ON THE PLEADINGS AND NOW, this 28th day of April 1997, comes the Defendant, Lititz Mutual Insurance Company, by its attorneys, Stetler & Gribbin, which moves for judgment in its favor on the pleadings, which follow: 1. On January 27, 1997, Plaintiff commenced this action by filing a Complaint. 2. The Complaint claimed that on or about January 29, 1996, jewelry and a computer system owned by Plaintiff and kept at her residence were removed and stolen by a person unknown to her. 3. On February 10, 1997, Defendant mailed the Answer with New Matter, endorsed with a Notice to Plead to the Court for filing and served a copy of the pleading on Plaintiff through her counsel. 4. On February 13, 1997, the Answer with New Matter, endorsed with a Notice to Plead, were filed in the Office of the Prothonotary, Cumberland County, Pennsylvania, 5. On March 7, 1997, Defendant served a true and correct copy of the papers, filed of record on February 13, 1997, by mailing them to counsel for the Plaintiff. 6. The time for filing a reply to the averments contained in New Matter elapsed no later than March 27, 1997. 1 7, The averments contained in New Matter, to which no reply has been filed, incorporate the factual averment that Plaintiff engaged in concealment or fraud, as defined by the policy, providing no coverage for losses under the policy, by reference to paragraph B of the Answer, B, The averments contained in paragraphs 1 through 30 of New Matter, to which no reply has been filed, contain the averments of fact that Cheryl J. McSherry intentionally concealed or mierepreaented material facts or circumstances, engaged in fraudulent conduct, and made false statements relating to the insurance, voiding coverage for losses under Section I-Property Coverages, WHEREFORE, Defendant, Lititz Mutual Insurance Company, respectfully requests this Honorable Court to enter judgment on the pleadings in its favor and against Plaintiff, Cheryl J. Borne, on the averments of fact deemed admitted to which no reply has been filed. Respectfully Dated: cXr;~ /{(C?7 av Mills, Supreme Court o. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 AttorneYH for Defendant 2 .... 'll i'- ..:J jo. l!lt . ~~~ no :,-' I" I.' , 0" ( , *~.i .~ , If) )' .'1: ' .-"'~ ., '1_1 ; 1i'1] ,. lu., I ..-;.. I'. r- .J 0 (1' U Z P: III I'l: 0 :J > rs. ..:I ..:I >< r&l i3< III III Z r.:I I'l: Z Z U U Z 0 r.:I Z ~ ~ ! ~ i3< I'l: U ... lQ P: Z lQ 0 . ::I 1-1 - :s :S U >< III E-o ~ ~ ~ ~ ~ E-o . Z III 0 rs. Z r.:I 1-1 1-1 0 ::I Z.... ..... ..:I G9 en 0 P:.... ..:I r:: ~ ~ . z E-o U 00'" I'l: 10 P: 30 z P: :z:..... ::I 'tJ 0 III o .. ~ ::I C r:: E-o c III rs. .J ~!l :1 0 Z ..... ::I Q) N ~ u :3 !"JIO ::E: ..... ... r.:I E-o ~ .-t . ><Q) I 11I Z <il flI P: ..:Ii3< > t<lZC I"- 1-1 r.:I :z: r.:I >< E-ol'l: 0\ U ::E: E-o III P: 1-li3< r.:I ::I :E r.:I E-o::E: , I'l: U Z ::I :z: 1-10 0 P: P: 1-1 U U ..:IU Z i3< .0: .. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Horne, . No. 97-425 . plaintiff : civil Term . . v, Civil Action - Law Lititz Mutual Insurance . . Company, , . Defendant . . PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, Lawrence E, Welker: Please list the within matter for the next Argument Court. 1. State the matter to be argued: MOTION OF DEFENDANT FOR JUDGMENT ON THE PLEADINGS 2. Identify counsel who will argue case: plaintiff: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 Defendant: David Mills, Esquire Stetler & Gribbin 138 East Market Street York, PA 17401 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: May 28, 1997 Respectfully submitted, Dated: clef ({f"..o IQfr'? By: D Vl. ills, Supreme Cour o. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant Lititz Mutual Insurance Company c- ~:.'J I~"c,~rt:; .'='( reOJ" 0.. ~ , "i I ;.~, " I, '-q ./.... Li.,'. ""- 'I. rei:, .,j, _., i: CHERYL J. HORNE, Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW vs. L1TITZ MUTUAL INSURANCE COMPANY, NO. 97.425 CIVIL TERM Defendant PLAINTIFF'S OBJECTION TO PROPOSED SUBPOENAS AND NOW comes the above. named Plaintiff, by her attorney, Samuel L. Andes, and objects to the three Subpoenas the Defendant proposes to serve in this matter for the following reasons: A. AS TO THE SUBPOENA FOR SAFE DEPOSIT RECORDS: 1. The Subpoena is directed to records of a person who is not a party to or participant in this action and who is not represented by counsel. 2. No notice of the intention to serve the Subpoena has been delivered upon the party whose records are sought. 3. The material requested is not related in any way to Plaintiff's claim in this action or to any defense which the Defendant has raised. 4. The Subpoena will not lead to information which could be used at trial or which would assist in the identification or location of witnesses or other evidence. 5. The Subpoena is unreasonably intrusive into the affairs of parties not involved in this action, '. B. AS TO THE SUBPOENA REQUESTING RECORDS FROM PENNSYLVANIA MANUFACTURES ASSOCIATION INSURANCE COMPANY.;, 1. The Subpoena is directed to records of a person who is not a party to or participant in this action and who is not represented by counsel. 2. No notice of the intention to serve the Subpoena has been delivered upon the party whose records are sought. 3. The material requested is not related in any way to Plaintiff's claim in this action or to any defense which the Defendant has raised. 4. The Subpoena will not lead to information which could be used at trial or which would assist in the identification or location of witnesses or other evidence. 5. The Subpoena is unreasonably intrusive into the affairs of parties not involved in this action. C. AS TO THE SUBPOENA DIRECTED TO RECORDS RELATING TO NEIDIG ROOFING OF YORK. INC,: 1. The Subpoena is directed to records of a person who is not a party to or partiCipant in this action and who is not represented by counsel. 2. No notice of the intention to serve the Subpoena has been delivered upon the party whose records are sought. 3. The material requested is not related in any way to Plaintiff's claim in this action or to any defense which the Defendant has raised. " 4, The Subpoena will not lead to information which could be used at trial or which would assist in the identification or location of witnesses or other evidence. 5. The Subpoena is unreasonably intrusive into the affairs of parties not involved in this action. Respectfully Submitted, ~~x~ Samuel L. Andes Attorney for Plaintiff I I , f-\\.EG .C:,:r.Cr: or T:.' . ..,,;.....,,'(U';I< q3 Pol\, ~'j \'\', I,: f\ \ CIJ:'\'u~; \,-, _ ,\J,J;\Ji'-\n' rt.~~\.~S\:\.\':\N\,f\. r' ;-.'.". I I . , I " CHERYL J. HORNE, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 97-0425 CIVIL LlTITZ MUTUAL INSURANCE COMPANY, Defendant CIVIL ACTION - LA W IN RE: MOTION FOR ORDER OVERRULING OBJECTIONS TO SUBPOENAS ORDE~ AND NOW, this 2 I · day of September, 1998, following argument thereon, the defendant is herewith granted leave to serve a subpoena upon Financial Trust Bank for records regarding a safe deposit box rented to Jcannc Lukowski between January I, 1991, and December 31, 1996. The remainder of the motion for an order overruling objections to subpoenas is DENIED. BY THE COURT, Samuel L, Andes, Esquire For the Plaintiff -::.:y:. A;l Kevin i\. Hess, J. David Mills, Esquire For the Defendant / f.c;f.:....... ~"'('.t Cf/2.1 /U" ...J. i'. :rlm 02." o,l. ~~ ttorney for Plaintiff "\ Date: 23 Mr"I'1 2U\l;?.. avid ills, Esquire Attorney for Lititz Mutual Insurance Co. Date: j Dougl cello, Esquire Attorney for General Accident Insurance Co, Date: 'i/L/O,;L CIiJk Thomas E, Brenner, Esquire Attorney for Shiner Insurance Agency 2 . ..- "'~~"__"""'_"-;.>c", () (-, , .. ~ r'.> -1, - -On' .... '" cpt! I -< _:11 I 2",- ch.~: \.0 -.' ~C " :;':;(") - - 2("" ej'" ioOd ~ :-1 ~ :n '" ~tl en -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA . . * . . * . * CHERYL J. McSHERRY, * formerly CHERYL J. HORNE, * Plaintiff * vs. * SHINER INSURANCE AGENCY, * Defendant * OR/GUVAL Case No. 98-2565 CIVIL TERM CIVIL ACTION-LAW * * . * * * . . * * * * . * * * * * . * * * * . . . CHERYL J. HORNE, Plaintiff * * Case No. V. * 97-3869 CIVIL TERM GENERAL ACCIDENT INSURANCE * COMPANY, * Defendant * CIVIL ACTION-LAW * . . . * * . * . . . * * * . * * * * * * . * * * * CHERYL J. HORNE, plaintiff * Case No. * 97-425 CIVIL TERM /' V. * LITITZ MUTUAL INSURANCE * COMPANY, * Defendant * CIVIL ACTION-LAW .*.*.*** Any reproduction of this transcript is prohibited without authorization by the certifying agency Sargent's Court Reporting Service, Inc, (814) 536-8908 CCt'MJNWEI\IJl.'Il Of PENNSYLII1INIl\ CXXJm'Y Of CUMBffiIAND Cheryl J. Horne, Plaintiff Fi Ie No. 97-425 v. Lititz Mutual Insurance Company, Defendant SUBPC€NA TO PR<JOLl:E DOO..M:NTS OR TH I N3S FOR DISCOVERY PUlSUANT TO RULE 4009~ ro: Erie Insurance, 100 Erie Insurance Place, Erie, PA (N!Ille of Person or Entity) 16530 Within twenty (20) days after service of this subDOena, you are ordered by the CXlUrt to produce the following doa.rnents or things: SEE ATTACHMENT TO SUBPOENA at _13.lLEa..t lIat"k..t Street. York, PA 17401 (Address) You may de:iver or mail legible copies of the docunents or produce things requested by this subpeena, together with the certificate of carpliance, to the party making this request at the address I L::ted above. You have the right to seek in advanc" the reasonablE' :ost of preparing the copies or "roducing the things sought. I f you fai I to ;.roduC"-l! the docunents or things required by this su!lpo.ena within t"lenty (20) days after its service, the party serving this subpoena rray seek a CO'Jrt order c;urpellir:g you to COTPly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWIN::3 PERSON: NAI'E: David Mills, Esquire AOORESS:-1.!l! East Market Street York, PA 17401 -----. rELEPI-KlNE: 717-854-9506 SU"REM: ccun I D II 37192 t,ITOONEY FOR: Defendant, Lititz Mutual Insurance Company CCUU: BY lATE: _);;~~ .:J ~.:lfic)..'3 Sea I of the rt ---- Prothonotary/Clerk, Ci ivislon a();,.o J) .7fflA'AV~r . Deputy --.., (Eff. 1/97) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Cheryl J. Home, Plaintiff No. 97-425 CIVIL TERM v. CIVIL ACTION - LAW Lititz Mutual Insurance Company, Defendant Cheryl J. Home, Plaintiff No. 97-3869 CIVIL TERM v. General Accident Insurance Company, Defendant CIVIL ACTION - LAW Cheryl J. McSherry, fonnedy Cheryl J. Home, Plaintiff No. 98-2565 CIVIL TERM v. Shiner Insurance Agency, Defendant CIVIL ACTION - LAW A 11 ACHMENT TO SUBPOENA TO: Erie Insurance 100 Erie Insurance Place Erie, P A 16530 Within twenty (20) days after service of the this subpoena, produce the following documents or things: All policies of, and records relating to, the insurance of the interests of Cheryl J. Home a!k/a Cheryl J. McSherry in real or tangible personal property, including, but not limited to: I. all endorsements for all jewelry, 2. all underwriting files, 3. all correspondence to and from the insuring agents and insuring representatives, 4. all claim files for policies of insurance since January I, 1997 including, but not limited to policy No. Q49 0804925 H 5. all bills for services and policies of insurance, 6. all cancellation notices, and 7. all notices of renewal. il I , I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Cheryl J. Home, Plaintiff No. 97-4Z5 CIVIL TERM v. CIVIL ACTION - LAW Lititz Mutual Insurance Company, Defendant Cheryl J. Home, Plaintiff . . No. 97-3869 CIVIL TERM v. General Accident Insurance Company, Defendant CML ACTION - LAW Cheryl J. McSherry, formerly Cheryl J. Home, Plaintiff No. 98-2565 CIVIL TERM v. Shiner Insurance Agency, Defendant CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Lititz Mutual Insurance Company, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made, the subpoena may be served. RespectfuIly submitted, D",d,,?<"~ ,/it! 06,. avid ills, squ e Supreme Court No. .192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Lititz Mutual Insurance Company .~. c::M-ON'r/E:l\LTli Of P!:Nl'bILVANIA o::x.MrY OF aJMBERlAND Cheryl J. Horne, Plaintiff v. i=i Ie No. 97-425 Lititz Mutual Insurance Company, Defendant SUlf>:ENA TO PBrou:;E DXl...I-!::NTS OR TH I N3S FOO DISCOVERY PURSUANT TO RUL: 4009.22 TO: Wendy Deibler, Insurance Agent, Deibler Insurance Associates, Inc., 26 Westmlnster Dnve (N!Ille or Person or :ntity) Carllsle, ~A l/ud-4368 Within twenty (20) days after service of this SUbDOena. YOU are ordered by the court to produce the fo I lowins docunents or th ings: ----..--- SEE ATTACHMENT TO SUBPOENA at _Lla-Ea~t. Mark..t ~treet. York, PA 17401 (Address) You may de:iver or mail legible copies of the d~ts or produce things requested by this subDOena, together with the certificate of CO'TPliance, to the party making this request at the address 1 ~i:ted above. You have the right to seek in advance the reasonablE' cost of preparing the copies or "reducing the things sought. I f you fai I to ;.rodUC"-l! the d:>o.ments or things required by this s~!1 within t"lenty (20) dal'S afcer its se:-vi.:e, the party serving this Subpoena rray seek a CO'Jrt order c;urpel I ir:g you to =rely with it. THIS SUBPO=-NA. WAS ISSUED AT THE R::OO:Si OF THE FOL!...CWIN::3 P::RSON: NAI'E: David Mills, Esquire ADORESS: 138 East Market Street York, P.l>, 17401 --.--. iEL::PH:lNE: 71 7 -854-9506 SU"REI-E c:::ulT I D ;; 3 71 9 2 4iTOONEY FOR: Defendant, Li ti tz Mutual Insurance Company lATE:-A~ Seal of - ca..>RT: ~ . . I 1(. .".. Prothonotarl'/Clerk ivi 1 Division .tJ/M","~ '- P 7:1o?/1J'SfjJ Oepu1:y .J I ;:) ;'Y\.. the I Court. '-- (::ff. 1/97) I , , t. i i I I I. i IN THE COURT OF COMMOi-J PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Cheryl J. Home, Plaintiff No. 97-425 CML TERM v. CIVIL ACTION - LAW Lititz Mutual Insurance Company, Defendant Cheryl J. Horne, Plaintiff No. 97-3869 CIVIL TERM v. General Accident Insurance Company, Defendant CIVIL ACTION. LAW Cheryl J. McSherry, fonnerly , Cheryl J. Horne, Plaintiff No. 98-2565 CIVIL TERM v. Shiner Insurance Agency, Defendant CIVIL ACTION - LAW ATTACHMENT TO SUBPOENA TO: Wendy Deibler, Insurance Agent Deibler Insurance Associates, Inc. 26 Westminster Drive Carlisle, P A 17013-4368 Within twenty (20) days after service of the this subpoena, produce the following docwnents or things: All policies of, and records relating to, the insurance of the interests of Cheryl J. Home alkJa Cheryl J. McSherry in real or tangible personal property, including, but not limited to: 1. all endorsements for all jewelry, 2. all underwriting files, 3. all correspondence to and from the insuring agents and insuring representatives, 4. all claim files for policies of insurance since January 1, 1997 including, but not limited to policy No. Q49 0804925 H 5. all bills for services and policies of insurance, 6. all cancellation notices, and 7. all notices of renewal. i !. I. ("l c' 0 G c..:' -n ':":;&. ::lC .. ""OG! ,- " ~:; -: : I ,: ~ '" _Il~! cJj;, ,'"J ",- ~,' ;(, r:. ~'. . :,t ~\ .;(~ -;C\ N . :,rn C- oo '--1 ~ <=" ,. '.-J I'::> .... 4, Cumberland County Courthouse, Carlisle, I'A. llY THE COURT, .-4~ Samuel L. Andes, Esquire For the Plaintiff Thomas E. Brenner, Esquire For Defendant Shriner Insumnce Agency Douglas Marcello, Esquirc For Defendant General Accidcnt Insurance Co. ~ .w....: 't-l_ S, ao.o,!, David A. Mills, Esquire For Dcfendant Lititz Mutual Insurance Co. q., :rlm ~.~....". ".( IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 97-425 CIVIL TERM /' Chcryl J. Home, Plaintiff v. CIVIL ACTION. LA W Lititz Mutual Insurance Company, Dcfcndant Chcryl J. Homc, Plaintiff No. 97-3869 CIVIL TERM v. Gcncral Accidcnt Insurancc Company, Dcfcndant Chcryl J. McShcrry, formcrly Chcryl J. Home, Plaintiff CIVIL ACTION - LAW No. 98-2565 CIVIL TERM v. Shincr Insurance Agency, Defendant CIVIL ACTION. LAW OBJECTION OF DEFENDANT, LlTITZ MUTUAL INSURANCE COMPANY, TO MOTION TO CONSOLIDATE FOR TRIAL AND NOW, this 28th day of May 2003, comes Defendant, Lititz Mutual Insurance Company, which objects to the issuance of a Rule upon a Motion for an Order that does not conform to Pennsylvania Rule of Civil Procedure 206 et seq., insofar as the form of order that Plaintiff provided to the Court does not conform to the Pennsylvania Rules of Civil Procedure No. 206.7. WHEREFORE, Defendant, Lititz Mutual Insurance Company, respectfully requests this Honorable Court to sustain the objection, treat the Motion pursuant to Local Rule 210-1 et seq. for listing on the Argument Court list, and disposition thereafter. Respectfully submitted, Dated: ('9 tXlj David Mills, Esquir Suprcme Court No.3 138 East Market Strcet PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attomcys for Defendant, Lititz Mutual Insurance Company 2 CERTIFICATE OF SERVICE I, David Mills, Esquirc, hcrcby ccrtify that I servcd a truc and corrcct copy of thc forcgoing OBJECTION OF DEFENDANT, LlTITZ MUTUAL INSURANCE COMPANY, TO MOTION TO CONSOLIDATE FOR TRIAL, by first-class mail, postagc prcpaid on thc following: Samuel L. Andes, Esquire 525 North Twelfth Strect PO Box 168 Lemoync, PA 17043 (For PlaintifT) Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, PO Box 1268 Strawberry Square Harrisburg, P A 17108-1268 (For Defendant, Shiner Insumnce Agency) Douglas B. Marcello, Esquire Thomas Thomas & Hafer, LLP PO Box 999 Harrisburg, P A 17108 (For Defendant, Geneml Accidentlnsumnce Co pony) , \ .' Datcd: ~O"'; B David lis, Esquirc Suprcmc Court No. 37192 138 East Markct Strcct PO Box 2588 York, PA 17405-2588 (717) 854-9506 Auomcys for Dcfcndant, Lititz Mutual Insurance Company t , 8 C" L.; " "';i';' -I: IT!; ; -< :': ., . ,) (J'. t=':' .. r=:( . ~'. ..." ,;....(. " , : -c :..l liT ;$-(; .. , .' ~ ~'J 1 -'J -. (;J -<~ 5. Denied. The claims and defenscs involving Chcryl J. Home and Lititz Mutual Insurance Company will not be scrved best by combining Ihcm with the c1ai:ns of Cheryl J. Home against Gencral Accident Insurance Company or the claims of Cheryl J. McSherry against Shiner Insurance Agency. 6. Dcnied. Lititz Mutual Insurance Company will be prejudiced in its ability to defend against the claims of Cheryl J. Home if the claims of Cheryl J. Home against General Aceidentlnsurance Company and Cheryl J. McSherry against Shiner Insurance Agency are consolidated for trial. WHEREFORE, Defendant, Lititz Mutual Insurance Company, respectfully requests this Honorable Court to deny the Motion to Consolidate three cases for trial. Respectfully submitted, Dated: a id MI Is, Esqu e Suprcmc Court No. 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Lititz Mutual Insuranee Company 2 r C., ( , <...; ::- "-: ""0 c:~ :-"' nIl: "< ~~ ~. '.J -, c.'-, , .::. -...~: r:. ~ "'r " '. ;:~ ( . .: ) t;:'C' ::? .11.: p~; :-,) '. ~ :"1 l::l -...; CHERYL J. McSHERRY. fonnerly CHERYL J, HORNE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 98-2565 CIVIL TERM vs. SHINER INSURANCE AGENCY Defendant :CIVIL ACTION - LAW CHERYL J. HORNE, Plaintiff : No. 97-03869 CIVIL TERM v. GENERAL ACCIDENT INSURANCE COMPANY Defendant : CML ACTION - LAW CHERYLJ. HORNE, Plaintiff : No. 97-425 CIVIL TERM / v. LITITZ MUTUAL INSURANCE : COMPANY, Defendant : CIVIL ACTION - LAW RESPONSE OF DEFENDANT SHINER INSURANCE AGENCY TO PLAINTIFF'S MOTION TO CONSOLIDATE THE TRIAL AND NOW, comes Defendant Shiner Insurance Agency, by its attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Admitted. 2. Denied as stated. The Plaintiff's claim as to the Shiner Insurance Agency is negligence in the placement of insurance coverage g 0 0 (..., " . ""'(g"., ~ " c+) (': ,,#-.' ....: Z~. c.;> ; , (f',' >) -< r;::t #") " r. :-11 ~c_ :.h . to) . ' r;:> ;',ill ~',:, -' .:.-::' :) :., ~) ,I' '< v. IIN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANIA NO. 97-3869 CIVIL TERM CHERYL J. HORNE, Plainti ff GENERAL ACCIDENT INSURANCE COMPANY. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CHERYL J. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-425 LlTITZ MUTUAL INSURANCE COMPANY. CIVIL ACTION - LAW Dcfendant JURY TRIAL DEMANDED __~~O)lotf.?;tQ1Ci)_ Defendant, General Accident Insurance Company, moves this Honorable Court to compel Plaintiff to answer Interrogatories and Rcquest for Production of Documents as follows: 1. On or about May 14, 2003, Defendant, General Accident, propounded Interrogatories and Request for Production of Documents upon Plaintiff. copies of which are attached hereto and made a part hereof and set forth as Exhibit "A". 2. Plaintiff has filed Objections to the Interrogatories, a copy of which is attached hereto as Exhibit "B". 3. Plaintiff has not set forth any valid objections cognizable under the Rules of Civil Procedure and/or any othcr basis for objccting to the Interrogatories. 4. Plaintiff's Objections are without any basis in fact or law. 5. Plaintiff also propounded Objcctions to Defendant's Request for Production of Documents, a copy of which is attached hereto as Exhibit "C". Again. Plaintiff has made general objections to the Request for Production of Documents without any basis in law or facl 6. Plaintiff has made broad objections to both the Interrogatories and Request for Production of Documents without specifYing any basis to the individual Interrogatories or Request for Production of Documents. . exhibit A ".~"~-.~'- .- ~~ .U_'_ l:'1l. CHERYL J. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 97-3869 CIVIL TERM GENERAL ACCIDENT INSURANCE COMPANY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ;ii>EFEm>& NT,G,EWRA:L'A"(:cm);'.NT'IN'~~~,COM:Pi\.N:V!SDFQt!Ji'$r,F.QRT': '.' '."''''''.,." . " ,,,".:-"''''~.._,. , e~. """,,-"-,' '\I~...I. ""'~.- ~;'.f.-" . ". ',~ "~'~ ,..., '-,' 01,.,- ..~ ";UNT' '~'.tt.~, .~~. ,.,_-~.,!t~,,'l/b... ., " .' ,..., "''''}>RODUCTION'OF'DOCUME''''''S DIRECTED TO'PL'"IFF ". "~"<''''' : ,f,1. ;,''',,- .-:',:,:' " '. ' 1'~. ,,' .'. ,. \;:' .1,,'i'.~.;~,;ft.;>::,:/,;' T:>: Cheryl Jean McSherry, Plaintiff c/o Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, Pennsylvania 17043 The Defendant hereby requests that you furnish, pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 4009, at our expense, or permit Defendant or someone acting on their behalf to inspect, examine, and copy the following items concerning this action which are in the possession, custody, or control of the counsel Plaintiff or any other person or entity acting on Plaintiffs behalf. Said items shall be produced or made available for inspection at Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, P A 17 I 08-0999, within thirty (30) days after service of this Request, on a date and time to be arranged between counsel: I. All documents, statements, correspondence, pictures, testimony, memoranda, and any other contents of the entire file for the McSherry bankruptcy action filed on September 28, 1994, docketed at 94-01674RJW-I in the United States District Court for the Middle District of Pennsylvania. 2. All documents, statements, correspondence, pictures, testimony, memoranda, questionnaires, appraisals, and any other evidence of ownership and/or possession of the 73 pieces of jewelry in question, whether in the possession of the Plaintiff or her counsel, from the period of 1993 through the alleged theft occurring in late January, 1996, including but not limited to any personal diary or bound recordings of the existence and possession of the jewelry in question. 3. All documents, statements, correspondence, and any other evidence documenting and/or memorializing the alleged loan extended to Plaintiff by her parents, Jeanne and Thomas Lukowski, including but not limited to, cancelled checks, notes including promissory notes, messages, recordings, bank statements during the period between 1990 through July of 1996, and any other documentation and/or memorialization that said loan was extended and that any of the 73 pieces of jewelry in question was used as collateral on said loan. Form 4506 Request for Copy or Transcript of Tax Form CaplIVT'CnlDf1htllUIUI) ~1mI1 RI\'tI'lUI SaMe. ... Read InSlJUctlons bofore complotlng this form. .. Typs or print clearly. Request may be roJected If the form Is Incomplete Dr illegible. OMS No 1545.0419 (Re..... May 1997) Note: Do not use this form to get tax account Information. Instead. see instructions below. ,. Name shown on tax form. If 6jolnt retum. enter the mIme shown first 1b First social securtty number on lax form or employe' IdenUncaUon number I..e InstrUcUonl) z. If a Joint relum. spouse's name shown on talC form Zb Second loclallDcurlty number on tax form 3 Current nomo, oddress ~n:ludlng .pt, room, or sulle no,), city. stote, ond ZIP code 4 Address, ~ncludlng opt, room. or suite no,). city, stale. ond ZIP code shown on the last retum flied K dlnerent from line 3 5 Ir copy of form or e tax return uenscript Is to be moiled to someone oIse. enter the third party's name and oddress 6 K w. cannot nnd 0 record 0' your tax fotm ond you wont the poymOnl reftmded to the third ponv. check hen . . . . . . l> 0 7 If nome In th~d pony's records differs from nne 10 above, enter that nome here (see Insuuctlons) .. 8 Chock only one box to show whot you wont There Is no charge fOt IlemS Bo, b. ond c: lOT.. reWm uanserlpt of Form 1040 series mod during the current calond.,yur ond the 3 prior calendar Y"'" IseelnstrUctlons!. b 0 Ver1fIeeUon of nonnlng, c 0 Form(s) W.2 Informotion (see InstrUctions), d 0 Copy of tax form ond on ettachments (including Form(s) W.2, schedules, or other forms). The chIt1lell $23 fot lOch perlod requlJlld. Nota: If these copies must be cettlfied for cotrl or adm/nisrrative proceedings. see Insuuctlons and check hero. . . . . l> 0 9 Ir this request Is to meela requltemant of one 0' the following, check all boxes thetepply. o Smoll Business Admlnlsuation 0 Oe oronent 0' EduoeUon 0 Deportment of Vetarans AIIelrs 0 FlnandollnstlluUc:n 10 Tex form number (Form 1040. 1040A, 941, OlC,) 12 Complete only ff Uno Bel Is checkod. Amount duo: 11 Tax perlod(s) (ye., or period ended datel, If more thon four. see Instructions. I Cost for each pertod . . . . . b Number of tax perlods requested on line 11 c Totel cost. Mu/lJpfy Une 12e by Ino 12b. . FuIl".,.,...1 must _",.,,.,,.,.... __ or motI.! nit p.J.bI. ta -In""'" R~ SMri:&. s 23.00 .3 CouUon: Before signing. meke sure aN Ilems are compIele and the form Is deled. I declere that I em either tha ..xpayar whose name Is shown on fine 1 e Ot 2a. or 0 person euthortzed to obtain tha tax InformeUon requlSlad, I em ewore that based upon this form, the IRS will release the tex Informotion requested to any perty shown on line S. The IRS ha. no contnlI aver what thet pany does with the Infonnation. PI ~ Signature. SIt 1nstNctJons. If OthIW tnan tlxpI)'II'. enaCh aWlOri1aUon dOC:umInL ease SH1gn ~ _ pr ""' la obove Is 0 corporotJon, ponnen~, ......, or lrustl ere ~ Spouse', s1gnetlll 011lO Telephono number of requoster ( ) Best tlmo to cd DelIO TRY A TAX RETURN TRANSCRIPT (see Ilne 88 InSll'Uctlon.1 days to get a copy of 0 tax form or W.2 Informeuon. To eVold Iny dally. be aura to furnish an tha Informatlon liked fer on Fcnn 4506. Forms 10".-11 you naad I copy of 0 Fcnn 1099, contoCl1l1l payer. ff tho poyer camot halp you, calor visit th.IRS to gat Form 10" information. Tu Account InformatJon....lfyou nlld I .totoment of your laX ICCount ihowIng any later chlnges thaI you or 1111 IRS mad. to thl ortglnal retlITI, mluest lax Iccount Informotion. Tex accounllnformatlon lists /CorfkIUId on 0ICkI Fonn 4506 (ROY,I-Il) Inrormetion. wan 13 months elter the end of the year In whl:h the wages were earned. FOt Section references are to tile/ntema' example. woll unlD Feb, '999 to request W.2 Revenue Code, Informetion for weges eomed In 1997. TIP: Ir you had your lex form Med In by e Do not use this form to requOS! Fotms paid praporor. check rost to see If you cen 1099 or ..x eccountlnformation, See this get e copy from the preporer. This may seve poga fOt details on how to get thasa Items. you both Ume ond money, Note: FDmI 4506 musl be received by the PUlpOSl or Form,-Use Form 4506 to ge: e IRS within 60 calendar days a~lIlha dalt you tax retum uanscrlpt verifl:ation thet you did signad and dated tho requost not rue a Federal tex rewrn. Form W.2 How Long Will It Take7-You con get 1 tax Inrormation. or 0 copy of 0 lex form, Allow 6 relum transcrlp: or veriflcetion or nonnllng weeks oil... you me 0 tax form barore you within 7 to 10 workdays ener the IRS recalves request a copy or It or e tronscrip:. For W.2 yout request, It cen toke ~ to 60 colender For Privacy Act and Paperwork Reduction Act NoUee. see back of fann. ell. No. .1721E Instructions Form 4506 Request for Copy or Transcript of Tax Form (Rev. MIY 19971 Clparunanl ollhl tll,lUll Inll/T\ll RlYtnuI SilVIe. ... ROld InstrucUons bofore completing this form. ~ T pe or prlnl clearty. Raquosl may be roJaclad IIlha lorm Is Incomplalo or lIIaglblo. OMB No 1545.0'19 NolO: Do not use this form to get tax account Information. Instead. see instructions be/pw. 1. Neme shown on tex form, If a joint return, ontor the name thawn first. 1 b First soclals'curtly number on tax form or amployar IdonUncallon numbar (sea InsWcllom) 21 It 011 joint return. spouss's name shown on 181C form 2b Second social security number on tal form 3 Cunent name. address Vncludlng Bpt.. room, or suite no.), city. st8te, IInd ZIP code 4 Addross. Qncludlng apt. room. or suite no,). city. stote. and ZIP code shown on the last retum med If dln",enl from line 3 5 If copy of form or II Lax return transaipt 15 to be mailed to someone oIso. enter the third party's name and address 8 If we cannot find . record of your tzlX form and you wlnt the payment refunded to the third partY. check hero . . . . . . ... 0 7 If name In third party's records differs from line 1a above, enter that name here (see Instructions) ... 8 Check only ona bo. to show whal you want. Th",e I. no charge fOt iiams Ba, b, and c: e 0 To. relUm uanscrlpl of Ftvm 1040 series (ded during the current celondar year .nd the 3 prior calondar ,.... (seelnstruCllons), b 0 VerincaUon of nonn6ng, c 0 Form(s) W.2 Inl_allon (see InstruCllons), d 0 Copy of to. form and oil anachments (including Fonn(s) W.2. schedules. or Oth'" forms), The charge II $23 tor lOch period requested. NolO: If rhese copies must be cOtllned (or col1ll or .dmlnlsrrarIve pmceedings. see InstlUctions and check hanl. . . . . ~ 0 9 If this request Is to meet a requirement alone of lhe fonowtng, chock oil bo.es that apply. OSman Business Admlnistrellon 0 De ortmont 01 Education 0 De artmant 01 Veterans Ano.. 0 FlnanclallnstJtutlon 10 To. lorm number (Fonn 1040. 1040A. 941. etc.) 12 Compl.te only If line Bel Is checked. Amount due: . Costftveachpertod . . . . . 23.00 b Number of 10. pertods requested on line 11 c Total cost. Multiply Une 120 by Ilno 12b. . Full".",..", mUJ'_l yourmjUdf. Molre_ fK moMy OId.r /MpbIe fa am,.".' Rwenue s.mc... 11 Tex poIlad(s) (year tv period endod date), If mOle th.n lour. see Instructlons. 9'7 CeuUon: Be(ore signing, make sure .11 Iloms er. complele and rhe (orm Is dolled, I declare that I am either the Ie.payer whose neme Is shown on line 1 e or 2.. or a plltSOn authorlzed to obleln tho to. Informellon requested, I em aware thai based upon this form, lhe IRS will release the to.lnformallon requested 10 any pony shown on Una 5. The IRS has no control over whal lhet pony does with the Inlonnellon, PI ~ Sigl'\atlJ'e, See nsuuctlons. If other lhan taXpa)'lf. aneth lUthOrttatlon document BaSe SH1gn ~ TltJe Of Ine 1a above II a corporalM, paMerlhip, utata, or trust) ere ~ Spouse'S S1gnatLre Date Telephone number of requester ( ) Best lime to caU O.ta TRY A TAX RETURN TRANSCRIPT (see Uno Ba Instructions) days to gel a copy 01 a to. form or W.2 Inform.tfon, To avoid any deIey. be sure Ie furnish aU lholnlonnaUon asked tor on Form 4S06, Forml 1099.-1f you need e copy of e Form 1099. COnIDCI the peyer. If the poyer cannol help ,ou. call Ol vlslllh. IRS to get Form 1099 Intorm.Uon, Tex Accounllnlonnatlon.-1f you need a statement of your ta. eccount showing any lalOJ' chang.s lhat you or the IRS macfe Ie the orlglnal return. request Ill. account Informallon, To. eccount information IlSU tc_on l>IIckJ Form 4506 (Rev, 5.87) Informallon. wa~ 13 months ener the ond of the year In which the wages were earned, For Section references are to UJe InterN! example. walt until Feb. 1999 to request W.2 Revenue Code, Informallon lOt wages oamedln 1997, TIP: If you had your 10. form mled In by a Do nol use thiS foon to roquest Forms paid preparer. cneck first to see If you ten 1099 or talC account Information. See this get a copy from lhe prep""', This may seve page fOt detolls on how to get lhese Itoms, you both lime and money, Nole: Form 4SD6 must be rocei'o'fld by the Purpose of Form,-Use Form 4506 10 got a IRS Wlthin 60 colender d.ys .nor the d.,a you tex return transcript. verification that you did signod and d"tttd the request. not file a Federal tax retum, Form W.2 How long Will It Take7-You can get II tax Information. Of a copy of a tex form. Allow 6 return trenscnpt or verlficeUon of nonnllng weeks after you file 8 tax form before you within 7 to 10 workdays after the IRS receives request II copy of It or II transcript. For W.2 your request. It cen take up to 60 C81endar For Prlvlcy Act and Paperwork Reduction Act Notice, see bac': of form, elll. No. 41721E Instructions F"m 4506 Request for Copy or Transcript of Tax Form QtJB tlo 1545.0'l'9 (Rev M.y 19U1 O~"'\fTIll'ItollheTII"u')' lnt.rTlIIJR........IAIS.M" .. Road Instructions bafore complotlng this form. ... T po or print clearly. Request may be reJoctod If the form Is Incomplete or illegible. Noto: Do not use chis form co gec tax account Informal/on. InsCead. see instructions below. ,. Name shown on tDIC form. If e j~lnt retum, enter the name shown fll'5t 1b First social security number on lax fonn or employer IdenUncIUon number (see InstnJctloml 28 If I joint return. spouse's name shown on tn form 2b Second social security number on UI form 3 Cunent neme, eddress Oncludlng apt.. foom, or suite no.), city. sUite, and ZIP code 4 Addr..., pncluding IpL. room. or suite no,l. city, .tata, Ind ZIP code shown on the list 'ellJm mid" dlfferlnt from Une 3 5 If copy of form or II tax return transatpt Is to be mailed to someone else. enter the thlrd party's name and address U we cannot find a record of your tax form and you want tha payment refunded to the third pany, check hers . . . . . . ... 0 If nlmeln third Plrtv'S racords dlrrlltS fiom line le Ibove, enter that name herelseelnstructlons) ~ I Check only one bo. to show whit you Wlnt. TIll"" I> no chlrgl for ltams BI, b, Ind c: a 0 Tax ratum llIlnsalpt of Form 1040 slO1es nld during thl CUlTont col.ndlr yea, Ind the 3 prlor alondlr yea" (see InsWctlonsl. b 0 VlO1flclticn of nonflling, c 0 Form!.) W.2 Informadon (see Instructions), d 0 Copy of ta. form end In ItllIchments CIOcludlng Formls) W.z. schedules, or other forms). The chargol. sn for each porlod requested. Note: If rhese copies must be eetlined (at COUtl 01' .dministrative QtOClHldings. s.. Instructions Ind chick hare. . . . . ~ 0 9 If thl> raquest I. to meet I '"qulram"nt of one of thl following, check .11 bo.es thlt Ipply. o Smla Business Admlnisndon 0 D. Inment of EdU::ltlon 0 Dtl erunent of V=ns Allelrs 0 FlnIndlllnstJtutllr1 10 T.. form number (Form 1040, 1040A. 941, OlC,) 12 Complete only" Ilno Id Is checked. Amuunt dUl: a Cost for elch period . . . . . b Number of tel period. requested on line 11 c TOlII cost. Multiply line 121 by line lZb. . Full1"""'" must _ "'" toqUUt. -- OI'_orrWpopb}eID'ln_R__' CIUtiOn: 8atOl" signing. mlk. SUtll In Items .re compl.ta .nd rhe (orm Is dlUK/. I decllra thlt I 1m either the ta'PlYOJ' who.. neme Is shown on Une 1 I or 21, or I person IUlhorlted to obtain the tax Informellon requested. I em IWlra thlt based upon this form, theiRS will raleasetheta.lnformldon request.d to Iny pelty shown on ane S. theiRS his no contrDI overwl1et thlt party does with the Informadon, I 7 23.00 11 TII period(s) (yaar or pariod ended dltel, If mare thin four. see lnstTUctions, PI ~ Signature. See 1nsw:Uon1. If other tl'Ian taxpayer, attaCh authotttation CbaJment. ease Sign ~ H ' nue (If line 1 a above Is a corporeUon. paMershIp. estate, or trustJ ere ~ Spoun'l Slgnan.r. OIle Telephont IIJmber 01 r.quester I ) But lime III call 0111 TRY A TAX REllJRN TRANSCRIPT (see One Be InstnldIons) dlys to get e copy of I tIlllorm or W.2 Informltlon. To aVoId Iny clIIay. be S\A 10 fLmlsh In the Informallon uIUid for on Fam 4S06. Forms 1098.--11 you JlIId I copy 01 I Fam 1099. contect the pa~. If the pa,.. <*IIDl help you. caD or vlslt theiRS III get Farm 1099 Informellon. TI. Account Inf"",,etJon.-lf you nHd I statament of your till ICCIIIll ihow\ng 11ft liter chlnges thet you or theIRS 1Md81O the origlnll Ill....,. reqlllSt till oa:ounl Informadon. Te. ICCOII1t W0ITlllI1lon IIsU /C<JtXkWd onllclil Form 4506 (Rav,I.D7) Informltion. we" 13 mondls l!tat the end of the y..r In whl:h the wegos were elmed, For SlClion re(nnc.s .re to !h. Intemal ""mple, WI~ unlD Feb. 1999 to raquest W.2 Rlvenul Codl, Informldon for wlge. lemld In 1997. TIP: If you had your ta. form med In by e Do not use this rorm to ,equost Forms p"ld p,ep"r... ch.ck first to see " you cen 1099 or II. Iccountlnformldon, See this g.t I copy fiom the pllP',"" this mlY .eve p.ge for d.tall. on how to get these ~ems, you both lime end monlY, Note: Form 4506 must bf raeelvld by rhl Purpose of Form.-Use Form 4S06 to get I IRS wi!hin 60 ~llnd" dlys .1l0J' rho d.tl you tax return transcript verification that you di::! signed and dated en! req~st. not me I Federll tl' 'etum, Form W.2 How lon9 Will It Tlke7-You Cln g.tl tel Information, or II copy of a tax form. Allow 6 return transcript or verlflcatlon of nonftllng w.eks In.. you me I ta. form before you within 7 to 10 workdlYs I~er the IRS ,ecwos request a copy of It Of a tTllns:ript. For W.2 your reQuest. It can take up to 60 calendar For Privacy Act and Paperwork Reducllon Act Notice, see back of form. Instructions Cat No.41mE REv..6l' LEIT.eV) (1) AUTHORIZATION FOR RELEASE OF TAX RECORDS . PA D'P.rtm.nt 01 R.v.nu. omc. 01 Chl.1 couns.1 D.pL 281081 H.rrisburg. PA 17128.1081 PLEASE pRINT OR TYPE pennsylvania laX records are confidenl!allnlormal!on which may be relaasad only 10 tha taxpayar or pUl1luanl \0 a ralaasa algned by tha taxpayar. Unauthorized disclosure of lax Inlormal!on Is a criminal offense. CompleUon of thla form will authoriza Iha PA Dapertmenl of Revanue 10 relaase Ihe tax retum documenls requeslad In Part II, Carafully read the InsWellons on Ihe revarsa side 10 assure Ihat your requesl can be processed prompUy. 1\ Is Impor\Bnlthat ell quesUons be enswered completely. PART I . DESIGNATION OF INDIVIDUAL TO RECEIVE TAX RECORDS 1. T.I.phone No. Full Nsm. 01 D.slgnated Indlvldu.1 2. N.m. 01 Individual. F\rm, '" Ag.ncy 3. Street Addre.. SIa\' ZIp Cod' 4. City PART 1\ . TAX RECORDS TO BE RELEASED (See InltrUctlonl on IIverse lid e.) 1 2 3 TaxpaYlr'1 Hlml As Shown On origlnll R.turn Tax 10 No. Tax 5 Tax p.riod 4 Roc:ord ~ ~ ~4~1 6. ~urr.nt Stro.t Addr.ss of Toxply.r, CIty - SI8Ia ZIp Cod. 7. Stro.t Address Used In Filing R.turns Sl8t. ZIp Cod. City PART III . CERTIFICATION I certify thlt I: o 1m th. Indlvldusl whoss \IX r.cords .r. \0 b. r.l.s..d. o sm. dUly .uthorlz.d corporel. offic.r of th. corporellon ...mos. tax r.cords ere to b. rel...ed. (CorporelO TIll.) o 1m. gan.r.' partn.r 01 th. partn.rshlp whoso tax retOrds are to b. r.I....d, o am .mpower.d by . power 01 suomsy on \IX m.U'rs to r.quest r.I.... 01 th. \IX records, SH In.WctloN on mOll. lid.. o h.v. b..n .ppolnt.d .. th. ex.cutor or .dmlnl.trato< olth. d.co...d IOXll.y.r who" \Ilt record. .re \0 be rel...od. SH INlNclIonO on reverse side. Delo Signature '.,. ',_. """.~',.,....-_.~. '.. .. CHERYLJ. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 97-3869 CIVIL TERM GENERAL ACCIDENT INSURANCE COMPANY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED '<f:' 'E' 'OGATOlUES10F;JjEFENDANT. GtNERAL, A' .CIDENTt , Sr.fD~N"CE.~,"'t:;: .,IN;r..~~. ."N.'li';.,"''''-' ~ .d.,..,."., ,,, .....,' I .......i'''.... ..~..,",.,...;;;:.:}m,.~.4;;!.''ri~,~,,1~ ~'t,.Ii~. ~" ; ." ,'..~' i.' l:,QMPJU~ I DlRECl'ED TO PLAINTIFF. CHERYLJEAl"lll'1CSHE~x,';: :.'J';),,::(: To: Cheryl Jean McSherry, Plaintiff C/o Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, Pennsylvania 17043 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Procedure No. 4001, et sea., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS (A) Whenever the tenn "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic, electronic or recorded matter, however produced or reproduced and however formal or informal. (8) Whenever you are asked to "Identify" a document, the following infonnation should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (I) The nature of the document (e.g., letter, memorandum computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or ifit bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is to signer, the person who prepared it; (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "Identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (I) The means of communication (e.g. telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions, if applicable, (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance or who said what to whom and the order in which it was said; (6) Whether that communication or any part thereofis recorded, described or referred to in any document (however infonnal) and if so, an identification of such document in the manner indicated above. (0) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "Identify a person," the following infonnation shall be given: (I) The name, present address and present employer and position of the person, and; r (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the narne of the person to whom the statement was give, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "Incident" shall be deemed to mean and refer to the theft which occurred on or about January 26, 1996. (H) The word "controlled" shall be deemed to mean the authority to manage, regulate, govern, administer, oversee, or the ability to influence something regardless of whether it is in the possession of the party to whom these Interrogatories are directed. (n The tenn "financial accounts" shall be deemed to mean any and ail accounts, whether kept in a bank, credit union, financial services company or other institution, where finances are kept and maintained including, but not limited to, checking accounts, savings accounts, money market accounts, mutual funds whether stock, bond or mixed, individual retirement accounts, 40IK and other employer maintained retirement accounts, stock and bond purchasing services maintained through a financial manager or broker, and certificates of deposit with any financial institution. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your Answers to said Interrogatories and the time of trial, if you or anyone acting in yourbehaIf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you 1. Please state your full nwne, age, date of birth and present resident address. ANSWER: 4. Please state whether you have had any personal financial accounts between the years 1992 and July of 1996, including but not limited to chccking accounts, savings accounts, money market accounts and any and all accounts where you were a co-owner, and if so, please state: (a) the name, address and account number of any financial institution where you have possessed, owned or controlled a checking account; (b) the name, address and account number of any financial institution where you have possessed, owned or controlled a savings account; (c) the name, address and account number of any financial institution where you have possessed, owned or controlled a money market account or other fmanciaI account not mentioned above; (d) the name, address and account number of any financial institution where you have possessed, owned, controlled or have a financial interest in any individual retirement accounts or 40 I K or other retirement accounts maintained either by you, or on your behalf; (e) whether you possess any bank statements or financial records from any account included above or if not, where such records may be found and obtained; and (f) whether you have, at any time between 1990 and July of 1996, owned, rented, controlled, had access to, or in any other way possessed a safe deposit box at any financial institution, and if so, please state: (i) the name and address of the institution; (ii) the time when the safe deposit box was rented or otherwise leased from the institution; (Hi) the name or names of the person or people to whom the box was rentedlleased; and (iv) the name or names of the person or people who had access, whether by key or by permission, to the box(es) noted above. ANSWER: I i 1< [ ~ ~I " , 5. Please state whether there are any businesses you have either owned, controlled, possessed or had a fmanciaI interest in, and if so, please state: (a) the name, address and nature of each such business; (b) the extent and nature of such ownership, control, possession or financial interest; (c) whether there were other persons who shared such ownership, control, possession or financial interest; (d) any and all bank accounts which were maintained for business purposes either in the name of said business or in your own or someone else's name (e) whether the business is stilI operational and if not, the circumstances behind the demise of the business including, but not limited to, the financial circumstances, outstanding debts, liens, sheriffsales, and bankruptcies filed, pending or discharged; (f) if any business that you have ever either owned, controlled, possessed or had a financial interest in is no longer solvent or operational, please state: (i) any sale of stock and the approximate date of such sale; (ii) any debt forgiveness received, the approximate date of such forgiveness, the year that such forgiveness was declared on the business' Federal and/or State Income Tax Forms and the name, address, phone number, and business or personal relationship of the party forgiving the debt; t i (iii) any asset liquidation which took place, the circumstances behind such liquidation, and the names and addresses of parties causing such liquidation; (iv) any creditors who received any proceeds from the business' demise, , ~ I I f ANSWER: 6. With regard to Kitzmiller Commercial Roofing, Inc. and/or Kitzmiller Commercial Systems, Inc. (hereinafter "the business"), please state: (a) the name, address and any cO'llorate licensing numbers obtained to do business from the Commonwealth of Pennsylvania; (b) your role, position and ownership interest in the company; (c) whether the above company possessed, owned, controlled or had any other financial interest in any checking, savings, or other financial accounts, and if so, please state: (i) the names and addresses of the financial institutions with which the above company possessed any chccking, savings or other financial accounts; (H) the account numbers for any such accounts; (Hi) whether you have bank and/or financial statements for any such accounts in your possession or control and if not, please provide the name and address of the parties with access to such documentation; and (iv) which account noted in the above answers was used by the company to pay the company's payroll. (d) whether you maintained, owned, possessed or controlled any fmancia! accounts in your own name, or in your name with someone or something else, on behalf of or for the financial interests of the business, and ifso, please state: (i) the names and addresses of the fmanciaI institutions with which the above company possessed any checking, savings or other financial accounts; and (H) the account numbers for any such accounts. ANSWER: 7. Please state who your home telephone service provider(s) was/were between 1992 and July of 1996 and what your phone number(s) was/were during those periods. ANSWER: 8. Please state whether you had cellular, mobile and/or wireless phone service during the years 1992 through July of 1996, whether personal or business, and if so, please state: (a) the company providing such services; and (b) the phone number(s) for any phone(s) you possessed and/or used. ANSWER: .: (. J J, 9. With regard to the loan extended to you by Thomas and/or Jeanne Lukowski, please slate: (a) when the first monies were lent for which collateral was taken in the fonn of the jewelry in question; (b) who actually presented the monies to you; (c) please also state: (i) what fonn the monies presented to you took (e.g., checks, cash, stocks, bonds, etc.); (ii) if cash was provided, what was the largest amount of cash provided to you at anyone time, and what was the smallest; (iii) if checks were provided, please slate what the largest and smallest amount provided to you by check at anyone time; (iv) if checks were provided, please slate the bank upon which the check provided to you was drawing the monies from; and (v) if checks were provided, please state whose name the account upon which the checks were drawn was in and who signed the checks. (d) what were the proceeds provided to you by loan used for, including, but not limited to: (i) the names and addresses of creditors who were paid with such proceeds, either business or personal; and (ii) the names, addresses and account numbers for the financial institutions where the proceeds were deposited. (e) if there was, at any time, a promissory note, letter, IOU or any other proof of indebtedness for any monies lent to PlaintifTby Thomas and/or Jeanne Lukowski, and ifso, please state: ! ! i , !-' -;.-'. ;.;\- <'.,1 :'.:.,:{, J";,t-i ,;; . <~! (i) who wrote the proof of indebtedness; (H) who signed the proof of indebtedness; (Hi) who took possession of the proof of indebtedness after it was executed; (iv) where the proof of indebtedness was kept; and (v) where the proof of indebtedness is located presently. ~~~ }~i~: -~~. ~~~itf ,,-..,\ 1~}'~ ~~~::~ , . . ANSWER: 13. With regard to the circumstances surrounding the incident in question, please state: (a) what time you departed for class on the afternoon in question; (b) was anyone home when you left on the aftemoon in question, and ifso who; (c) when you left on the afternoon in question, was your bedroom door open or closed; (d) what time did you arrive home on the evening in question; (e) was anyone home when you arrived home on the evening in question, and if so who: (I) what damage was done during the entry into your home during the incident; (g) what was the name of the officer who responded to your home and what police department was he from; (h) were any photographs taken of the crime scene, the window, the exterior of the home, or of any other locale after the incident documenting the incident either by you, the police, or by any other person or persons, and if so, please state: (i) the name of the person taking said photographs; (ii) the nature of the photographs taken including which areas were photographed and when the photographs were taken; and (Hi) the name, address, and phone number of the person or entity who has possession of the photographs documenting the incident. (i) what pieces of jewelry, if any, were not taken during this incident; (j) whether you spoke with anyone regarding the incident in the days that followed and if so, the names, addresses, and phone numbers of such people; and (j) have you, at any time, lent jewelry to Vanessa Home and if so, please state on what occasions and what pieces of jewelry were borrowed. ANSWER: \ I, I' I: I" jl). ._ .~'".... , ",.t. ..' .' "'I";H':<i~ .,;.." .,-:'~...",;lii. ::~.;;:{ ,:. :5~:, '.:Z~:.4;~ - I....., ''''\''~' l..~.,.-t~Ll~"t:~ "".'~I'" . ~.~<,'; , ~.~l~~{~:~ t .1n"JPoi:: F~~i(~.?~\;Z .1j./~~"f"";:f~. ~t~ ';"'f'.,... ~;}~~};':~~) :~'::\(: ; :1......,.. -,"'~~ ~ F\ . . ---~f,-- ~ " ; Exhibit B I I 'I I I I I , I I I I I I i ! CHERYL J. McSHERRY, formerly CHERYL J. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GENERAL ACCIDENT INSURANCE COMPANY, NO. 97-3869 CIVIL TERM Defendant PLAINTIFF'S OBJECTION TO DEFENDANT'S INTERROGATORIES AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and objects to Defendant's Interrogatories in this matter for the following reasons: 1. This case is approximately six years old and Defendant has had more than ample oppprtunity up to now to make all inquiries of Plaintiff that are required to prepare the case for trial. Defendant has inte~rogated Plaintiff under oath before this action was commenced and then interrogated her at a deposition after the action was commenced. 2. Defendant's Interrogatories were served after this matter was listed for trial. Engaging in the discovery now requested by Defendant will delay the trial to the considerable prejudice of Plaintiff. 3. Much of the information addressed in Defendant's Interrogatories hBS already been provided by Plaintiff in the discovery already conducted in this case and the other cases with which it has been consolidated for pre-trial proceedings or is othBrwise available to Defendant. 4. Defendant's Interrogatories violate the local rules of this court by consisting of substantially more than forty questions, including sub-parts. WHEREFORE, Plaintiff objects to Defendant's Interrogatories. ~.~ I L. A s Attorney for Plaintiff Supreme Court ID # 17226 626 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 exhibit C CHERYL J. McSHERRY, formerly CHERYL J. HORNE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GENERAL ACCIDENT INSURANCE COMPANY, CIVIL ACTION - LAW Defendant NO. 97-3869 CIVIL TERM PLAINTIFF'S OBJECTIONS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the folloWing objections to Defendant's Request for Production of Documents in this matter: 1. Defendant's Request for Production was made after this matter was listed for trial and approximately six years after this action was commenced. There is not adequate time presently for Plaintiff to search for, locate, and produce the documents Defendant has requested without delaying trial. 2. Many of the documents requested by Defendant have previously been produced in this and its companion cases, all of which were consolidated for pre-trial proceedings, As a result, those documents are already available to Defendant. 3. The documents requested by Defendant are overly-broad and, as a result, Defendant's Request for Production is excessive and oppressive, particularly on the very eve of trial. 4. Defendant's Request demands that Plaintiff execute documents which are not within the scope of a Request for Production a"d which violate Plaintiff's rights with regard to her personal income tax returns. WHEREFORE, Plaintiff objects to Defendant's Request for Production and asks this court to excuse her from answering such request. ~,~ S I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Objections upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Douglas B. Marcello, Esquire 305 North Front Street P.O, Box 999 Harrisburg, PA 17108-0999 Date: 3 June 2003 >1 'It)!' ',','r~,r:tl't.,"" 0' ~"'i. .cW. '.'C' ER.T' IF!. C' A'T'E.OFS.ERVICE '.". ......) ,'..:r..,,' "'Ci;"",'.,,;'''~':;.j'. ".,.," .y:-;? l':'''~~,!:~::,t::l';-l..v.~.?t;'!".~j~~t,,~ :'.' f,:, . " , . ," '; ,.": ~.~i,o"'~,.~,: .:.;: .:;, ;:-...4.-.~_: .;:ll_<.J AND NOW, this ~ ~ of June, 2003, I hereby certify that I sent a true and correct copy of the foregoing document to the following counsel of record by placing a copy of same in the United States, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, P A 17043 David A. Mills, Esquire Stetler & Gribbin 138 East Market Street Post Office Box 2588 York,PA 17405-2588 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (') C" , ,;; l..' -. , - S;~oj ~ ~:} , r ~_, r , . .. ~~ ( "'::' L -, -~ set for August 6, 2003, at 9:00 a.m. in Courtroom Number 4, Cumbcrland County Courthouse, Carlisle, P A. BY THE COURT, Samuel L. Andes, Esquire For the Plaintiff Thomas E. Brenner, Esquire For Defendant Shriner Insurance Agcncy Douglas Marcello, Esquire For Defendant Gcneral Accident Insurance Co. David A. Mills, Esquire For Defendant Lititz Mutual Insurance Co. :rlm CHERYL J. MCSHERRY, fonnerly CHERYL J. HORNE, Plaintiff vs. SHRINER INSURANCE AGENCY,: Defendant CHERYL J. MCSHERRY, formerly CHERYL J. HORNE, Plaintiff vs. GENERAL ACCIDENT INSURANCE COMPANY, Defendant CHERYLJ. MCSHERRY, formerly CHERYL J. HORNE, Plaintiff vs. LlTITZ MUTUAL INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 98-2565 CIVIL CIVIL ACTION. LA W JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 97-3869 CIVIL CIVIL ACTION - LA W JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 97-0425 CIVIL /' CIVIL ACTION - LA W JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION FOR CONSOLlDA TION OF CASES AND NOW, this ORDER J>.... day of August, 2003, following argument thereon and after review of the briefs filed by the parties, the motion of the plaintiff to consolidate the above captioned cases for trial is DENIED. The case of Home v. Lititz Mutual Insurance Company, docketed to 97-425 shall proceed to trial during the 2003 trial term commencing September 8, 2003. The Prothonotary is herewith directed to list the case of Home v. General Accident Insurance Company, docketed to 97-3869, for the term commencing Novembcr 3, 2003. Counsel for the parties shall notify the court, not more than forty-live (45) days from the date of this order, as to whether there are any outstanding discovery disputes in that case. The case of McSherry, fonnerly Home, v. Shiner Insurance Agency, docketed to 98-2565 Civil term may be listed by either party for any trialtenn after November 3, 2003. BY THE COURT, ~ueI L. Andes, Esquire For the Plaintiff ~mas E. Brenner, Esquire For Defendant Shriner Insurance Agency ~glas Marcello, Esquire For Defendant General Accident Insurance Co. ~ A. Mills, Esquire For Defendant Lititz Mutual Insurance Co. J > . t;\;i.l RKs 0<1 -0'6' CB :rlm IN TilE COURT OF COMMON PLEAS, CUMBERLAND COUNTY. PENNSYLVANIA CHERYL J, HORNE. Plaintiff No, 97.425 CIVIL TERM v. CIVIL ACTION - LAW L1TITZ MUTUAL INSURANCE COMPANY, Defcndant MEMORANDUM OF IlFFENDANT, I.ITITZ Mun:,'L INSURANCE COMPANY, FOR I'I~E-T1UAL CONFERENCE I. Statcmcnt ofthc Basic Facts of Liabilitv: On January 29, 191)6, Chcryl J. McShcrry allcgcdly had jcwclry and a computcr stolcn. On Fcbruary ll, 191)6, shc sworc to a proof of loss for 552,000,00 that shc had no othcr insurancc and submittcd an invcntory to Lititz Mutual Insurancc Company, which includcd itcms shc rcponed lost to General Accident on August 30, 1995: a 53,1l00.00 ladics diamond tcnnis bracelet and a 52,200.00 ladics diamond carrings. On March 22, 1996, Chcryl J. McShcrry statcd undcr oath that shc did not havc a policy of insurancc with Gcncral Accidcnt, conccalcd thc fact that shc rcponcd two itcms lost or stolen to General Accidcnt, and maintaincd shc owncd thosc itcms as of the day of this allcgcd burglary on January 29, 1996. This is the samc jcwelry that shc told thc Bankruptcy Trustee that she did not own whcn shc filcd for and was dischargcd from bankruptcy. 2. Statcmcnt of the Basic Facts of Damal.!es, Although thc claim against Lititz MlIluallnsurancc Company is for 52,000.00, the "Other Insurance" clause allows lor a pro /'(//(/ paymcnt with General AccidcntInsurance Company, the othcr insurancc in effcct at thc time ofthc alh:gcd loss, 3. Statcmcnt ofthc Princinallssucs of Liabilitv and Damal.!cs: a. Thc policy voids coverage for concealmcnl. b. Thc policy voids coveragc lor fraud. c. The policy Conditions provide if othcr insurance cxists, thcn Lititz Mutual Insurance Company pays only the prop0l1ion of thc loss that the limit of liability that applics undcr the policy bears to thc total amount of thc insurancc covering the loss. d. Thc policy limits liubility for jcwclry notlistcd on thc cndorscmcnt. c. Thc policy limits suits uguinst thc compuny only alicr thc insurcd complics with all policy provisions. f. A vcnncnts ortilct in Ncw Mallcr, to which no timcly Rcply is filcd, arc admillcd. g. Chcryl J. Hornc is not thc rcal purty in intercst, as shc lms no right, titlc, or intcrcst in the procccds of insurancc if, indccd, thcrc wcrc a thcft. 4, Summary of Lcgal Issucs Rcgurding Admissibi lity of Tcstimonv. Exhibits. or anv othcr Mallcr. and Lcgul Authoritics Relicd on. a. Thcrc can bc no liability against an insurcr whcn thc claim was prcscntcd with a matcrialmisrcprcscntation, which thc insurcd kncw to bc falsc and was madc in bad faith, A,G. Allebach, IIIC, \', IIl1rle)', 373 Pa, Supcr. 41,540 A.2d 289 (1988). b. "A plaintiff's fi\ilurc to rcply in a timely manncr to a dcfcndunt's ncw mattcr rcsults ... in admission of factual avcnncnts...." Edmolld 1', Sowh Easte,." Pellll.lJ'I\'{/lIia TI'IIlIsportatioll AlIIhorit)', 651 A.2d 645 (Pa, Commonwcalth Ct. 1994), See also. Fox \', POCOIIO Sprillgs Civic Associatioll. IIIC" 695 A.2d 484, 485 (Pa.Cmwlth. 1997). c. A pcrson cannot invokc thc jurisdiction of thc court to cnforcc privatc rights, or to maintain a civil action for thc cnforccmcnt of such rights unlcss that person has somc rcal intcrcst in thc causc of action, or a Icgal right, titlc or interest in the subjcctmattcr of thc controvcrsy." Clark 1', Cambria COllllty Board of Assessment Appeals, 747 A. 2d 1242 (Pa, Cmwlth. 2000), petition for allowance of appeal dellied, 568 Pa, 740, 798 A. 2d 1292 (2002) quotcd in Brand)'wine Heights Area School District I'. Berks COllnt)' Board a/Assessment Appeals, 821 A.2d 1262 (Pa. Cmwlth.2003). d, Dcfcndant rcqucsts a Stipulation as to thc authcnticity and admissibility of the rccords rcccivcd from U.S,F. & G" Actna Insurancc Company, Dodge Insurance Agcncy, Eric Insurancc, Dciblcr Insurancc Agcncy, and Chubb. 5. Thc Idcntitv ofthc Witncsscs to bc Callcd. u. Scott Lutz - Lititz Mutuallnsurancc Company b. Chcryl J. McShcrry c, Michacl John Hornc d, Michael S. Hornc c, Michacl D. McShcrry r. Suc Bcckcy g. Vancssa Hornc 11, Jcnnifcr Smith i. Cpl. Kcnncth Gutslmll (Rctircd) j, Carol A. Corsnitz Moycr -Ncw Cumbcrland Insurance Agency k, Dcnisc Montgomcry - formcrly of Gcncral AccidcntInsurance Company I. Jacquclinc Funk - Contincntal Rcplaccmcnt Company n\, Shcldon A. Munn, Munn's Diamond Gallcry 2 n, Bryan GOUlllmrt, Shiner Insurance Agency 0, Lawrence G. Frank, Esquire, Uankruptey Trustee p, Samuel L. Andes, Esquire, Bankruptcy lawyer fllr Cheryl McSherry 'I, Wendy Dicblcr, Dieblcr Insurance Associates. Inc. r. Joseph Kozlowski, GAB Robins NA s. Rosalie K. Baldwin, CISR, Dodge Insurance, Ine, t. Barbara Long, M&T Bank, fonnerly Keystone Financial u, Jeanne Lukowsk i 6. List of Exhibits with Brief Identification of Each, I. Applic,llion for Ilomeowners Policy, January 2, 1996. 2. Appraisals sent to underwriting. 3. Declarations Page Policy No. 95-07-84, Lititz Mutual Insurance Company, effective January 2, 19l)6 to January 2, 1997. 4. I1omeowner's Policy; Specimen Fonn I10 OU 04 04 9 I, with endorsements I10 01 370695, IL 09 10/I10 291, I10 04 96 0491, L-91 (5!lJ3), I10-L-I04, I10 04610491. 5. Letter, January 23, 19lJ6 to Shiner Insurance Agcncy, 6. ACORD Property Loss Notice. 7. Unifomllnvcstigation Rcport, I1ampdcn Township, Case No. 96-01-073. 8. January 30, 1996 Cheryl McSherry Lis\. 9. Wcathcr Data January 29-Febmary 8, 1996, 10. GAB Photo Sheets - 1-7. 11. (Nonc) 12. Mcssagc Recordcr, Fcbruary 6, 1996. 13. Sworn Statcment in Proof of Loss, Fcbmary 8, 1996. 14. Non-Waivcr Agrccmcnt, February 8,1996. 15. Chcryl McShcrry Recordcd Statemcnt, Fcbmary 8, 1996. 16. I1andwrittcn Lcttcr, Fcbruary 9,1996, 17. Invcntory. 18. Agreemcnt. 19. Statcmcnt ofChcryl McShcrry, March 22,1996. 20. Papers rcccivcd from Ncw Cumbcrland Insurancc Company. 21, Papers rcccivcd from Gcncral Accidcnt, 22. Papcrs reccivcd from Erie Insurance. 23. Papcrs rcceivcd from Actna Li fc & Casualty. 24. Papcrs rcceivcd from Dodge Insurance Inc. 25. Papcrs rcccivcd from Munn's Diamond Gallcry, 26. Bankmptcy procecdings, 1994-01674 RJW-I 27. Papcrs from Dciblcr Agency: applications for insurancc, 2000. 28. Twcnty-two color copies of photos attachcd to Munn's Appraisals. 29. M&T Bank rccords, formcrly Kcystonc Financial. 30. Chubb Insurancc policy 12182547-01. 31. August 5, 1999 Icttcr from Lawrcncc G. Frank, Esquirc, as tmstee. 3 8- 0 I':) IN " ?: w H' ."'t1ClI i'1 "!"". l" _,1 ~~; " 'j-' I ~. l ;(-"':1. '....1 (/J , ; ~:'I ~r ~ .. .. :"J3; ., :..~., Zl... .:C ; >1,.,. ~ ;)11'1 L. .. ~::l .',. 5:i ~ (.oJ -<: {,:~ _L ~ "c .c,- , ...i';n.':~;~:;::{~i::~;~", ~ , '.','.~;- " ~, . ''ij~;il~l~' ~\1 ".,,'. :<, "'.' .' ~. ,.' .,., ~ , .',,'~~:~;:\., .,0. \; ~, '\ ,:, . . ~ '- . ...'-, ; ~. :..', " " ~ " , "':l")i~'::~t,'{~Y;:,~~~~L~Jr~1f;~i2~rtt,.: .. "~. , " ,~ ~ .., :' '<', . . ." ...;,:y- '" '~~~~7 :~:~";.~'~ '~~:~~.. ::~~ Z ,"', ,~ :'"" '~.L"" . "C"V jil " ! ,:,.:~,~,;:~~~; ':';':;;~/~:;;;:" i ,~ ,,! I: ' '~' ''::';';';~:\~l,\;{'.,~:i;':\r~:c (!)' ;~:il'I' i""'!~~14if;'''1;:'irF'''~ ';I '~'~t~ " '" ;'!~'\r:;:r~~~JD}~lfH~:~~~1~:;~~7:;. t':.~ ~!:~,:""" " \, ~ / ~< " ., ,...,~~ 'iI',' -,. """\,'" .,..... " '.... J' " '.:,' ;.,"." " ,q. " "'. " " " ". /' i , ,i F ,-."~,, " '~,," "'",,' ;:1' " l'~,:, , :?:(;::,~:;:> ;:), .~ ~ -~:~~- -""-' " ..._,,~, ',. "'," ",,' , .~...' ~. .. . ,~. J~t<.:~[-:,'.~ . 7'''~ " . ~..... ~_., ,;:;:.;;~X',~i::t::: if::~;~~ ~/ ,:. . . " ,~:",,, ,j. -. . , " ~ ".' ';', , ,.' 1"'~, ~':. '-, ~~?!:.: '..~;:;.", ... ......., '-" : '-'" .!:.-.~..~...; "'.-,: " ',_e". -..-..r"'_........"_"'......'f"~ ....~'"'.4.M,~H_"h.. """,.,_:- _'~; " .r>" '.1 ..-~, ."'. " -' '7f;~;,., ,~!~,,:;~ 'AU~~";14 loo3 ~'~1~ " ':..~t:~}~~." I. ,',:~.:.:~~i~i '.' ,..', .."., :.i,,;;t @) T IN THE COURT OF COMMON PLEAS, CUMIIEIU.ANI> COUNTY. PENNSYL VANIA CHERYL J. HORNE, PluinlilT No, 1)7.-125 CIVIL TERM v, L1TITZ MUTUAL INSURANCE COMPANY, Dcfcndulll CIVIL ACTION - LA W MEMORANDUM OF I>FFENI>ANT, I.ITITZ I\1U1T"'. INSURANCE COMPANY, F<m I'IU:-TIUAL CONFERENCE I. Stillcmcnt ofthc Busic Fucts of Liubility: On Junuury 29, 1996, Chcryl J. McShcrry ullcgcdly hud jcwclry and a computer stolcn. On Fcbrullry Il, 1996, shc sworc to 1I proof of luss for S52,OOO.00 thllt shc had nu othcr insurance lInd submittcd lIn invcntury tu Lititz MutulIl Insurancc Cumpllny, which includcd itcms shc rcpurtcd lost tu Gcncral Accidcnt un Augusl 30, 1995: 1I S3,1l00.00 ladics diamond tcnnis brllcclct lInd a S2,200.00 ".dics dillmond cllrrings. On MlIrch 22, 1996, Chcryl J. McShcrry statcd undcr oath thllt shc did not havc 1I pulicy uf insurancc with Gcncral Accidcnt, concealcd thc fact thllt shc rcportcd twu itcms lust or stulcn tu GcncTllI Accidcnt, imd maintaincd shc owned thosc itcms liS of thc dllY of this 1I11cgcd burglllry on JlInuary 29, 1996. This is thc samc jewelry that shc told the BlInkruptcy Trustcc that shc did nut own whcn shc filcd for and was discharged from bllnkruptcy. 2. Statcmcnt of thc BlIsic FlIcts of Damagcs, Althuugh thc c1l1imllgllinst Lilitz Mu!ulIllnsuTlIncc Company is for 52,000.00. thc "Other Insurance" c1l1usc allows for 1I pro 1'lI((I paymcnt with GcncTllI Accidcnt fnsuTlIncc Company, the othcr insuTllncc in effcct ill thc timc ufthc all~gcd luss, 3. Statcmcnt ofthc Princinllllssucs of Lillbility mlll Damagcs: a, b. c. d, Thc policy limits liability fur jcwclry notlistcd on thc cndorscmcnt. c, Thc policy limits suits against thc company only allcr thc insurcd complics with all policy provisions. 1', Avcrmcnts of fact in Ncll' Mattcr,to which no timcly Rcply is filcd, arc admittcd. g, Chcryl J. Hornc is not thc rcal party in intcrcst, as shc has no right, titlc. or intcrcst in thc procccds ofinsurancc it: indccd,thcrc wcrc a thcll, 4. Summarv of Lcgal Issucs Rcgarding Admissibilitv of Tcstimonv, Exhibits. or anv othcr Mattcr. and Lcgal Authoritics Rclicd on. a, Thcrc can bc no liability against an insurcr whcn thc elaim was prcscntcd with a matcrial misrcprcscntation, which thc insurcd kncw to bc flllsc and was madc in bad Illith. A.G. Allehach./llc, \',/llIrh:\', 373 I'a. Supcr. 41, 540 A,2d 289 (1988). b, "A plaintiff's failurc to rcply in a timely manncr to a dcfcndant's ncw mallcr rcsults ... in admission of fllctual avcrmcnts,..... Edmolld I', Solllh Eastem Pellll.\yll'l/llia Trc/ll.ljlor/atioll AlI/horit.\', 651 A.2d 645 (I'a, Commonwcalth Ct, 1994). See also, Fox I'. POCOIIO Sprillgs CiI'ic Associatioll. /IIC., 695 A.2d 484, 485 (l'a.Cmwlth, 1997). c, A pcrson cannot invokc thc jurisdiction ofthc court to cnforcc privatc rights, or to maintain a civil action for thc cnforccmcnt of such rights unlcss that pcrson has somc rcal intcrcst in thc causc of action, or a lcgal right, titlc or intcrcst in thc subjcctmallcr of thc controvcrsy." Clark I'. Camhria COllllty Board of Assessmellt Appeals, 747 A. 2d 1242 (I'a. Cmwlth. 2000), petitiollJiJl' allowallce of appeal dellied, 568 I'a, 740, 798 A. 2d 1292 (2002) quotcd in Bl'i/lldywil1e lIeights Area School District I'. Berks COIlllt.\' Board ~/Asse.\'smel1t Appeals, 821 A,2d 1262 (Pa. Cmwlth.2003). d, Dcfcndant rcqucsts a Stipulation as to thc authcnticity and admissibility of the rccords rcccivcd from U.S.F. & G., Actna Insurancc Company, Dodgc Insurancc Agcncy, Eric Insurancc, Dciblcr Insurancc Agcncy, and Chubb. 5. Thc Idcntitv of thc Witncsscs to bc Callcd. a. Scoll Lutz - Lititz Mutuallnsurancc Company b, Chcryl J. McShcrry c. Michacl John Homc d. Michacl S. Ilomc c, Michacl D. McShcrry f. Suc Bcckcy g, Vancssa Hornc h, Jcnnifcr Smith I. Cpl. Kcnncth Gutshall (Rctircd) ), Carol A. Corsnitz Moycr -Ncll' Cumbcrland Insurancc Agcncy k, Dcnisc Montgomcry - lunncrly of Gcncral AccidcntInsurancc Company I. Jacquclinc Funk - Contincntal Rcplaccmcnt Company 111, Shcldon A. Munn, Munn's Diamond Gallcry 2 11, Bryun Goodhurt, Shiner Insurance Agency o. Luwrenee G, Frank, Esquire, Bunkruptcy Trustee p, Sumucl L. Andes. Esquire, Bunkruptey luwyer fi.Jr Cheryl McSherry q, Wendy Diebler, Diebler Insurance Aswciutes, Inc. r. Joseph Kozlowski, GAB Robins NA s, Rosulie K. Buldwin, CISR. Dudge Insurance, Inc. t. Burbura Lung, M&T Bunk, formerly Keystone Finuneiul u, Jeunne Lukuwski 6. List of Exhibits with Brief Identiticulion of Euch. I. Applicution for Ilomeowners Policy, Januury 2, 1996. 2. Appraisuls sent to undcrwriting. 3. Dcclarations I'ugc Policy No. 95-07-84, Lititz Mutual Insurance Company, cffcctivc Junuury 2, 1996 to January 2, 1997. 4. 1I0mcowncr's Policy; Spccimcn Fonn 110 00 04 04 91, with cndorsements 11001 370695, IL 09 10/110291. 110 04 96 04 91, L-91 (5/93), HO-L-104, 1100461 0491. 5. Lcttcr, Januury 23, 1996 to Shincr Insurance Agcncy. 6. ACORD Propcrty Loss Noticc. 7. Unifonn Idl'cstigution Rcport, lIumpdcn Township, Case No. 96-01-073. 8. January 30, 1996 Chcryl McShcrry List. 9. Weathcr Duta Januury 29-Fcbruary 8, 1996. 10. GAB Photo Shccts - 1-7. II. (Nonc) 12. Message Rccordcr, Fcbruury 6,1996. 13. Sworn StUlcmcnt in Proof of Loss, Fcbruary 8,1996. 14. Non-Wuivcr Agrccmcnt, Fcbruury 8,1996. 15. Chcryl McShcrry Rccorded Statcment, Fcbruary 8, 1996. 16. lIandwrittcn Lettcr, Februury 9,1996. 17. Invcntory. 18. Agrcemcnt. 19. Statcmcnt of Cheryl McShcrry, Murch 22,1996. 20. Papcrs rcccivcd from Ncw Cumbcrland Insurancc Company. 21. Papcrs rcccivcd from Gcncral Accidcnt. 22. Pupcrs rcccivcd from Eric Insurul1cc. 23. Pupcrs rcccivcd from Actnu Lifc & Casualty. 24. Pupcrs rcccived from Dodge Insurancc Inc. 25. Papcrs rcecivcd from MUl1n's Diumond Gullcry. 26. Bunkmplcy procccdings, 1994-01674 RJW-I 27. Pupcrs from Dciblcr Agcney: upplicutions for insurance, 2000. 28. Twcnty-two color eupics of photos uttuchcd to Munn's Appraisals. 29. M&T Bunk rccords, formcrly Kcystonc Financial. 30. Chubb Insurunec policy 12182547-0 I. 31. August 5, 1999 Ictter fl'llm Luwrenec G. Frank, Esquirc, as tmstee. i;: 1-. _m" 1 ','.J 3 7. Currcnt Stalus of Scttlcmcnt Ncgotiations: Dcmand of S 15,000.00; uflcr uf S3,OOO, contingcnt upun thc relcasc of all partics in all cascs and approval from thc Trustce in Bankruptcy. Rcspcclfully submittcd, !' I ""t<d' IJ ~(6!O"-' By: lis, Esquir Suprcmc Court No. 192 138 East Murkct Strcct PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendant, Lititz Mutual Insurancc Company 4