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HARBOLD'S FORD, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
/ 'l 43
() ltC{/L
NO . l; 7 -
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Defendant
ARBITRATION MATTER
NOTICE
You have been sued in court. If yOU wish to defend aaainst
the claims set forth in the followina paaes. you must take action
within twenty (20) days after this complaint and notice are
served. bv enterina a written appearance pereonally or bv attor-
ney and filina in writina with the court your defenses or obiec-
tions to the claims set forth aaainst you. You are warned that
if you fail to do so the case may proceed without you and a
iudament may be entered aaainst you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief reauested bv the plaintiff. You may lose money
or propertv or other riahts important to vou.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouee
Carlisle, PA 17013
(717) 240-6200
A V ISO
USTED HA SIDO DEMANDADO/A en corte. Si usted desea
defenderse de las demandas que se presentan mas adelante en las
siguientes paginas, debe tomar accion dentro de los proximos
veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente 0 por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus
defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se le advierte de que si ueted falla de tomar
accion como se describe anteriormente, el caso puede proceder sin
usted y un fallo por cualquier suma de dinero reclamada en la
1'1
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demanda 0 cualquier otra reclamacion 0 remedio solicitado por el
demandante puede ser dictado en contra suya por la Corte sin mas
aviso adicional. Usted puede perder dinero 0 propiedad u otros
derechos importantes para usted.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABODAGO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE
A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
McNEES, WALLACE & NURICK
")~ 7(;
Jonathan H. Rudd, equire
1.0. #56880
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Harbold's Ford, Inc.
Date: AprillO, 1997
HARBOLD'S FORD, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
n / 'l ('" , 7"'
NO. '1'/- /"(' ",;J .",d Ii".
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Defendant
ARBITRATION MATTER
COMPLAINT
1. Plaintiff Harbold's Ford, Inc., ("Harbold's") is a
Pennsylvania corporation which maintains its principle place of
business at Route 15 North, Dillsburg, Pennsylvania, 17019-0446.
Harbold's is an automotive dealership which sells vehicles.
2. Defendant United States Fidelity and Guaranty Company
("USF&G"), is a corporation which maintains a place of business
at 2605 Interstate Drive, Suite 200, Harrisburg, Pennsylvania,
17110. USF&G is an insurance company that sells insurance
throughout Pennsylvania, including in Cumberland County, pennsyl-
vania.
3. USF&G eold Harbold's a Master Insurance Policy No. 1MP
300165217 02 ("Policy") covering the period from February 1, 1994
through February 1, 1995. The relevant sections of the Policy
are attached hereto as Exhibit "A."
4. The Policy contains Crime Coverage in the amount of
$50,000, which consists of Employee Dishonesty Coverage.
5. The Employee Dishonesty Coverage provided in the Policy
provides that: "[USF&G] will pay for loss of ... Covered Proper-
ty resulting directly from the Covered Cause of Loss.
1. Covered Property: "Money", "securities", and
"property other than money and securities".
2. Covered Cause of Loss: "Employee dishonesty".
6. The Policy defines "Employee dishonesty" to mean "only
dishonest acts committed by an "employee", whether identified or
not, acting alone or in collusion with other persons ... with the
manifest intent to:
(1) Cause you to sustain loss; and also
(2) Obtain financial benefit ...."
7. On or about September 27, 1994, Harbold's entered into
an agreement with Barry Wintermyer ("Wintermyer") for the sale of
a 1994 Ford Aerostar EXT XLT, having a vehicle identification
number of 1FMDA41XORZB36988 ("Vehicle"). A copy of the agreement
is attached hereto as Exhibit "B."
8. The sale price for the vehicle was Twenty-Two Thousand
Seven Hundred Sixty-Seven ($22,767.00) Dollars.
9. On September 27, 1994, Wintermyer provided Harbold's
with a check in the amount of $1,000 as a deposit on the Vehicle.
10. Mr. Jeffrey Enders ("Enders"), and employee of
Harbold's, was the salesman who sold the Vehicle to Wintermyer.
""
- 2 -
11. On September 29, 1994, Wintermyer returned to the
dealership and claims he handed Enders Twenty-One Thousand Seven
Hundred Sixty-Seven ($21,767.00) Dollars in caeh to pay for the
balance owed on the Vehicle.
12. Enders did not give, provide, conveyor transmit any of
the cash allegedly paid by Wintermyer to Harbold's financial
department or any other employee of Harbold's.
13. After Harbold's financial department realized that it
had never received the balance of the purchase price for the
vehicle, it questioned Enders as to whether he had ever received
payment from Wintermyer for the balance of the purchaee price.
Enders claimed that Wintermyer had never paid for the balance of
the purchase price.
14. Relying on Enders' statement that Wintermyer had never
paid for the balance of the purchase price, on February 8, 1995,
Harbold's commenced an action against Wintermyer in the Court of
Common Pleas for Cumberland County at Docket No. 94-699, in which
it claimed that Wintermyer did not pay the balance owed on the
Vehicle in the amount of Twenty-One Thousand Seven Hundred Sixty-
Seven ($21,767.00) Dollars. Harbold's sought a judgment against
Wintermyer in the amount of the allegedly unpaid balance of
Twenty-One Thousand Seven Hundred Sixty-Seven ($21,767.00)
Dollars.
- 3 -
15. On or about March 20, 1995, Wintermyer filed an answer
to Harbold's Complaint wherein he denied the allegation that he
had not paid the balance owed on the Vehicle and claimed that he
gave Enders Twenty-One Thousand Seven Hundred Sixty-Seven
($21,767.00) Dollars in cash.
16. On April 11, 1995, Harbold's filed an Answer to
Wintermyer's New Matter wherein based on Ender's representation
and statement to Harbold's that Wintermyer had not given him any
cash to pay for the balance of the purchase price, it expressly
denied that Wintermyer had rendered any cash payment to Enders.
17. On January 24, 1996, Harbold's and Wintermyer proceeded
to arbitrate their dispute. Wintermyer and Enders both testified
at the arbitration. Wintermyer testified that he gave Enders
Twenty-One Thousand Seven Hundred Sixty-Seven ($21,767.00)
Dollars in cash to pay for the Vehicle, and Enders denied
receiving any cash from Wintermyer.
18. On January 24, 1996, after hearing the testimony
offered by both Wintermyer and Harbold's, the panel of
arbitrators entered an award in favor of Wintermyer and against
Harbold's. A copy of the arbitrator's award is attached hereto
as Exhibit "C."
19. It was upon receipt of the Arbitrators' Award on
January 26, 1996, that Harbold's reached the inescapable
conclusion that if Wintermyer had paid for the vehicle in cash,
- 4 -
as was found by the panel of arbitrators and denied by Enders,
and no one in Harbold's financial department or any other
employee at Harbold's had received the cash from Enders, then
Enders must have stolen or otherwise misappropriated the money
which the arbitrators had found was paid by Wintermyer.
20. Although the arbitrators were not asked to decide
whether Enders had stolen the cash allegedly paid by Wintermyer,
it is apparent that the arbitrators believed that Enders must
have stolen the money since they found in favor of Wintermyer on
his defense that he paid the balance of the purchaee price in
cash to Enders.
21. The arbitrators could not have found in favor of
Wintermyer if they believed that Wintermyer had not paid the
balance of the purchase price in cash to Enders.
22. Harbold's diecovered on January 26, 1996 that it had
suffered a loss caused by employee dishoneety.
23. Harbold's provided USF&G with notice of its loes on or
before February 10, 1996, and made a claim for coverage under the
Employee Dishoneety Coverage provided in the Policy.
24. USF&G denied coverage for Harbold's claim.
25. Harbold's is entitled to coverage for the loss it
euffered as a result of Enders' theft or other misappropriation
of the cash that Wintermyer claims he paid to Enders.
- 5 -
26. Harbold's has suffered a loss of Covered Property in
the form of the cash that Wintermyer claims he gave to Enders
which was never given to Harbold's financial department or any
other employee of Harbold's.
27. Ender's theft or other misappropriation of the cash
Wintermyer claims he gave to Enders constitutes Employee
Dishonesty and is a Covered Cause of Loss.
28. USF&G has breached the Policy by denying Harbold's
claim and failing to pay Harbold's for its loss in the amount of
Twenty-One Thousand Seven Hundred Sixty-Seven ($21,767.00)
Dollars, together with interest.
29. Harbold's has complied with all of the conditions in
the Policy and is entitled to recover from USF&G for its entire
lose in the amount of Twenty-One Thousand Seven Hundred Sixty-
Seven ($21,767.00) Dollars, together with interest.
30. The amount claimed by Harbold's, exclusive of interest
and costs, falle within the mandatory arbitration limits of this
Court.
WHEREFORE, Plaintiff Harbold's Ford, Inc. demands judgment
in its favor and against Defendant United States Fidelity and
Guaranty Company in the amount of Twenty-One Thousand Seven
- 6 -
Hundred Sixty-Seven ($21,767.00) Dollars, together with interest
and coets of euit.
McNEES, WALLACE & NURICK
Jonathan H.
I.D. #56880
100 Pine Street
P.o. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Harbold's Ford, Inc.
Date: April 16, 1997
- 7 -
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Exhibit A
,r"
MMTER INSURANCE POLICY - COMMON POLICY DECLARATIONS
USF&G@
INSURANCE
Policy No,
IMP 300165217 02
Renewal of IMP 300165217 01
1 NAMEO INSURED ANO MAILING ADORESS:
(110, Slreet. Cily, Slale, Zip Code)
00
o
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United Stales Fidelity and Guaranty Company
Fidelity and Guaranty I nsurance Underwrlter~,1 nc,
Fidelity and Guaranty Insurance Company
(Each a Slock Insurance Company)
HARBOLD I S FORO, I NC, ~ \~
700 MR, RT. 15 N,
01 LLSBURG, PA 17019-9807 1 1,.'~
, t-t'fo /
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The issuing company is designated above by the
lelter X,
Branch Ornce:
HARRISBURG
(C(Q)[P1f
INS. AGENTS &
Agent:
ALAN HOSTETLER
BROKERS, I NC.
Address:
300 SOUTH PROGRESS AVENUE
HARRISBURG, PA 17109
~ POLICY PERIOD:
rl'Ol11 02101/94
10 02/01195
12:01 A,M, standard time at your mailing
address shown above,
,1 BUSINESS DESCRIPTION
CAR & TRUCK DEALER
Agent's Code: 3773 Subproducer No,: 000
Countersigned By:
,\
In relurn for the payment of the premium, and subject to all lhe lerms of this policy, we agree with you 10
prOVide the insurance as slated In this policy, This policy consists of the following Coverage Part(s) ror which
a premium I. indicated, This premium may be subject to adjustment. The Policy Writing Minimum Premium
is 5500.00
Coverage Part(.) Premium
COI~MERCIAL PROPERTY
GARAGE
~1OBILE PROPERTY
CRIME
lJr,IBRELLA
5
$
$
$
$
,..3,213.uU
.;),'l.J)~ -,6,%
$
Tolal Policy Premium $
31,59B.OO
Premium Is payable:
At Inception $ SEE INSTALLMENT LETTER
5
FORMS AND ENDORSEMENTS APPLICABLE TO ALL COVERAGE PARTS (See speclnc form or endorsement
for applicability 10 each coverage part,): lB',_,,' ~ rr; ~ ~ V~""n
CL/IL 02 46 07 90 I~~'
IL 00 17 11 85 FEB 1 5 1994
IL 09 10 01 81
CL/IL 102 10 89M
Client No; 0000481571
I!'IlL'" HOGTED.,..:;:~__,_
._ _...1 ......:,
IJUIlHllULHUCl11vt . .'(851"
01l~~1..94, L , ;'://_~'I
AGENCY
C, 'IL \02 10 89M
U i, 28/94
AGENTS COPY
CRIME COVERAGE PART - DECLARATIONS
USF&G@
INSURANCE
I. -
i
Policy No,
1MP 300165217 01
^PPLIC^DLE COVERAGE FORMS. This coverage parI consists 01 those coverage larms for which a premium is shown,
Limit of
Insurance
i,
I'
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,
$ .50.l;J09_, $
Deducllble
-00-
--.- ._- . --..-
Premium
$ 1.ltl~_._.._ EMPLOYEE DISHONESTY COVERAGE FORM A . BLANKET
,
f-
See CR 0002 $
$
$ -
., . - EMPLOYEE DISHONESTY COVERAGE FORM A . SCHEDULE
FORGERY OR Al)ERATION COVERAGE FORM B
THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM C:
Secllon 1 . Inside the Premises
Secllon 2 . OUlside Ihe Premises
$
$
$
$
.,.., $
$
$
$
$--- $ '.-....._- $
$ ,_. '-'" $ --. ,- -- $
$ . -.' ..-.- $ ,.....-...., $
ROBBERY AND SAFE BURGLARY.PROPERTY OTHER THAN MONEY AND
SECURITIES COVERAGE FORM D:
Secllon 1 . Inside the Premises:
a, Robbery of a Custodian
b, Sale Burglary
Section 2 . Outside Ihe Premises
$ ....,--.- $ .-...,..--.-- $.
PREMISES BURGLARY COVERAGE FORM E
$ . --'-- $ ..-..---. $---,--- COMPUTER FRAUD COVERAGE FORM F
$ .------ $ ,----- $ --"'- EXTORTION COVERAGE FORM G: Percentage of Loss Parllcipallon:
Yours % Ours %
~
PREMISES THEFT AND ROBBERY OUTSIDE THE PREMiSES. PROPERTY
OTHER THAN MONEY ANO SECURmES COVERAGE FORM H:
$ "'-.. ---- $ --- $ -- Secllon 1 . Inside the Premises
$ -'-' $ ..-- $--- Secllon 2 . Outside Ihe Premises
S!C~!LOQ.JQ Sit CR 00 10 $
Se.e_~!JJlQJl $ .___ $
- LESSEES OF SAFE DEPOSIT BOX COVERAGE FORM I
SECURITIES DEPOSITED WITH OTHERS COVERAGE FORM J
ROBBERY AND SAFE BURGLARY.MONEY AND SECURITiES
COVERAGE FORM Q:
Secllon 1 . Inside the Premises:
a, Robbery of a Custodian
b, Safe 8urglary
Secllon 2 . Outside Ihe Premises
$, $ $-
$ ,__no. __ $ _.___ $
$ ----. $, . $----
TOTAL PREMIUM FOR THIS COVERAGE PART. $
1.1~.
FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART. CL/iL 351 1090
CR1000(10-90) CR0001(10-90)
C^ NCELLATION OF PRIOR INSURANCE. By acceptance of this policy you give us notice cancelling prior Policy
"I RontlNos, ._,.!1p." . ..,_..._.__.._ '..._.___...__. '_"'''_'''___ .____
:Il-! I;;)lu;r.II;]lion to be elleclive at Ihe lime lhis policy becomes elleclive,
r!.,IL 351 10 90
M1!'NT'S COPY
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,.. "01' OP T/' ~ '
TO SHr(<(rf
"'7~~-'i~oo
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II 0.901
CR 00 01 10 90
EMPLO'tI!E DISHONESTY COVERAGE FORM
(emrOlI rorrn A-Bllnke\)
A. COVIiRAQE
Wa will psI' for Iou of, and loss from dsmsllolo, Ccv.
arud Properly rO$ulllnc directly from Ihll Covsred
e'UM a1 Lou.
1. Covered Propsrty: "Money". "sucurlt!lK", and
"proporly othar thin money and lIeurluoJ",
2. tamed c:.uu., L()U: "Emp'ayllO dlshorMly".
3, CGftlllll Elltmlon
tmpIO"" Tlmpor.rllr OUllld, CoY..... T"rlll'7'
Wa will pay fer Iou eaused by any "employee"
while tompo~riIy oulalda Ih61arrltory speclned
In Iho TorrlloryGonv",1 Cond1llcn for e porlod nol
rIlOIa than 90 dsY',
D. LIMIT OP IHIIUnANClt
Tho most wa win PlY for Iou In sny one "!leturrenco"
15 tho appllelbla Umlt of 'nsUIlIIlCa shown In tho ~
DECLARATIONS. b.
C. DI!DUCTIBL! , d' \\5j
1. WaVl111 nolp.} for 10$1 In 'nyooo" e' I\)'
unlfteA 1M ,mnunt 01 inc. exceeds I 0
ble Amount shown In the DEClARA . Wa
will then Pll)' tho amount ollllSJ In ll1;C1In allhe
DedueUbio Amounl, upto the Umlt of Insural1C9,
2. You mUll>
I. Give us notice as soon os possible of any Icss
o/the typo In,urod undorthl. ClMllllgo Form
even though Illalls enllroly wl\t1ln the De-
ductlblo Amount.
b. Upon our raQullllI. alvt US II ~lJil~I//tj1l1
describing the loss,
D. AD01TlONAL EXCLUSIONS, CONDITlClIl AND
DE~IHITION51 In eddlUOI1 to the prcvl~lom In lhe
Crime Genoral Provisions, this Covenge Fllrm Is sub.
J&cllo the rollcwlng:
1. Addlllon.1 mllllrOnl: We will not pa~ fOr' 105'
19 .paclfled bela.v, ': ", "
I. Empl.YIe Clnc,lI,d Unllor Prior'Ir".m'~c;,
loss C;Jusod by any "emplo~o. ot yowa, or
predecessor In Intaron 01 yours, (or '/ihom
sImilar prior Insuranco ha. been canalled
and not relnslated IlncD tho last such can.
~lIltlon.
b. InnntolY Shorta,.,: loss. or thai Dart cl anv
IOU, tho proof of which as to :n existence
~10'''
.....---........
~~
or amount Is doponaent upon:
(1) An InvontOl'Y compulirtJon: QI'
(21 A. prom IrId laIC compula~OI'I.
2. Addltlonsl Condlllon
Cancellation AI To Any Employ... This Inlur.
~nC8 Ie cancolled liS to an)' "omployecl":
.. Immediately upon dbce\'lllY by.
UI You, or
(21 Any of your Pllrtn.~, otflcors or dl"""
:o~ not In cellu.lon with the "em-
ployee":
of llny dllhonllSt act commHtad by Ihat"em-
playee" whlmar bllfllra or Iller be~mlOl
employsd by you.
On lh. dale spoelflod In a notice maUed 1.0
you. Th~t dalo will 1m IM~ 30 dI)'Il allar!he
elIlo 01 milling.
The malllngofnoUe, III you It the leat mill.
Inlllddrna known to UI will be ~uffJelonl
proof of notice. Delivery of notice ~ the saini
as rmlllng,
J. AddUlonlll Dtllnlt/on.
a. IlEmploy" Dllhon'ltr'ln paragraph ^-2,
mllns only d1shonast acts committed by an
"~mployee", whether IdanUfled or !'lOt. eel.
Ing alone or in collusion with other person;.
IlXcellt you or a partner. wltlllhe manifest
Intent 10,
UI Cause you bJ sustain loss; 8I1d also
(21 Oblllln f1nondol boncfll (o!hor lhgn Om.
ploYll8 bonenrs aernoa In (he normal
course of employment, Includl~ sala.
,lo~. carn""lctln"~ fAQ:I::, h41nllt:lf~. pm_
mctlon~, aw:lrds. pront sharing or
~nslonllfor:
(.1 Th. "employeo", Dr
(bl Any parson or ol'llenlzatlon Inlllnd.
ad by tho "employee" to /'Ie.lv,thll
bengOl,
b. "OeeurnncI" moanS all 10$1 calJ:led by, or
Invdv!ng, ono or mere .!mDlo~es", whuthll
the result of a sln81e ect or serlas of lets.
. .__......:.J___~__._.
10-2] 95 14:58 FLPNAGAN
T:7174251405
P:DJ
CC 1M
(10.90)
eR 10 OU 10 \iU
CRIME GENERAL PROVISIONS
Various provisions In V1Is pol'cy restrict cO'ler~Be, Read the entire ~ollcy carefully to determine rights, dlltles and what
Is or i~ not covered,
'fhroughautthls polley tne wards "you" and "yeur" re'er to tne Namad Insllre.d ,shOwn in tile DECLARATIONS, The
words ''We'', "us" and "our" rerer to Ihe Company providing this In,llIr,lnCe.
Words and phr~ses In quotation marks are def'ned In tne policy,
Unless stilted otherwise In any Crime Cov?rage Form, DECLARA nONS or encorSem')nl, tne rollowlng General Exclu-
sions, General Conditions and General Definitions a:lply te all Crime Coverage Forms farming part at tnls policy,
A, GENERAL EXCLUSIONS
We wliI nOt pay for loss as specified helow;
1. Acts Committed by You or Your PartnerSI Loss
resulling I rom any ais~onest or criminal act com-
mitted by you or any oi YClIr partners whether
acting al(lne or ill oOIl"slon with Nller persons,
2. Governmental Action. Loss reslJltlng from sel-
wre or destruction of property b, order of
HCJvt!rmrllmli:11 ~illlhllflly.
3, Indirect lon: 1,055 th~t is an Indirect res~lt of
any act or "occurrence" covered hy this insur-
ance ;ncllld,"~, but notlimilcd 10, 1055 resulting
'rom:
3. YOllr Inability to realize. Income that you
would h~ve realiz9d had t~ere oeen no 1055
of, or loss from damage to, Covered Propel:}',
b. Payment of damages of any :ypc for which
you are legally liable, Bu:. we will pay com-
pensatory damages arising cilrectly frcm a
ioss covered under thiS Insurance,
c. Paymellt of COSl., fees or OH1er exoenscs you
Incur In estaollSl11ng elt~er tne existence or
tne amount of los~ unde, tn,s Insurance,
4. legal Expenses: Expenses related to any legal
III:tiol1,
5. Nucleall Loss resulllng from nuclear reac:loc,
IluClear radIation or radioactive contamiratlon,
or any related act or IrCldenl,
6. War and Similar Actions: Loss reSulting from
war, whethcr or not deClareel, 'oVarlike actloo, In-
surrection, reDelllon or revolutlnn, or any relat-
ed act cr InCident.
B, GENERAL CONDITIONS
I. ConSOlidation-Merger: If Inreugn consollcatlan
ar merger with, or P'Jr::h1l5e of "~~e:~ cf, ,nm"
other antily,
a. Any aelClon,;1 persnns oecome "em-
ployc~s"; or
...--_1....,,,
/rauHofE NT1CO
~,.::...;~.
b. You acquire the use and COl1lrOI or any ad-
dltion31I1preml!:es"j
any Insurance affordad for "employees" or
"premises" also applies to those additional "ern-
plo,~~)" ~nd "prell1b~s", bul unly if you:
a. Give Us written notice Within 3D days there-
after: and
b, Pay us an additional premium,
2, Cove,.se Extensions. UnlASS st~tM otherwise
In tne Coverage Form, our Ii~Ollity under any
Coverege [xtensinn 15 pen of, not In addition to,
the Limit of Insurance applying to the Coverage
or Coverage Section,
3, Olscovery Period tor Loss! We will pay only for
covered loss discovered no later than one year
from the end of the policy period,
4, Dutl.. In the Event of La,,: Afl~t you disco""-r
~ less or a sill'ation thai may result in loss of, or
loss from damage 10, Cev~red Property you must;
a, Notily us as soon as possibl"-.
b, Submit to examination under oath at our re,
quest and give us ~ signed stetement of your
answers.
c, Give us a detailed, sworn proof of loss with-
in 120 days,
d, Cooperate with us In tMe Invest/gallon and
settlement of any claim,
5, Joint Insored
a, If more tMn one Insured 15 named in :he
DECLARATIONS, me first nameel Insured
Will act for Itselt aM 101 every other Insureel
for all purposes of this Insurance, If the first
named Insured ceases to be covered, Ihen
the next named Insured will become Ihe first
nameo Insureel,
b, If any Insured or partner or offiCer of that In-
sured has knowledie of any Information rele-
vant to this Insurance, that knOWledge 15
considered knowledge at every Insureel,
Cn~yrlgm. :n';l.:r"'r.ce 5~f'l/ICeS =:ftl:e, In:, 1984, 1989
1
10-23 96 14 I 59 FLA' <<,r"i I
c, An """I~IOyee" 01 any Insured Is consld.
cred to be an "emplnyee" of e,cry Insure~,
d, If this Insurance nr anv 01 Its Cc'.r.~e~ IS
cancelled or termlnate~ as 10 any 'ns"red,
loss sustained by IlIat Insured is covered
only ,I discoverec no later tnan one year Irom
1110 COle 01 that cMcell3ton or Ip.rrninallon,
t, We Will not Pay more lor loss suslalned bl'
mom Ihan nne Insu'ed Ihan tho amcunt we
WOUld pay If all the :css had been susla'ned
by ene Insured,
6, Lel.1 Action AI,'nll Us: Vou may nOt bring any
lesal aclion against us InVOlving loss:
I. Unle" VOU hove complied with .11 Iholerms
of this lnsuf:lnee: nnd
b, Until 90 cays aile' you have 1/Ied prcol of
In,s Wllh us; anc
.. Unless broughtwlth,n 2 years from the Cale
yOu discover Iho loss,
7, LOll CoVllld Undlr Mall Then One COVtr.,t
0' Thll Inluran.OI II hvo or more coverages of
Ih,. insuranceaoplyto the same loss, ". Will pay
tha lesser 0':
I, Tho acluol amount 0' loss; or
b, Tne sum of Ire IImlls 01 illsurance apohca.
bl. 10 those coverages,
8, LOll Su,talned Durln, Prior Inlurance
I, If YOU, or any prececessor In Int.r.sl, sus.
tl1lned loss during Ihe period or any wiur jll.
surance thai you or tho predet:.soor In
interest could nave recovered under t1'M\ ill.
surance excepl that the lime wilh.n whicn
In discover lo!s had expired, we Will pa'l'or
It under Ihl! Insurance, provided:
III Ihi, In'urance became effective althe
time of cancellation or ter~lna'ion 0' Ihe
prior Insurance, and
121 7ho loss woulu have beon Covered by
this Insurance nad It oeen In el'e:t wnen
the lets or events causins the '0$5 wer!
r.ommlt:eo or occurred.
b, The in,urence ur.de, this Condition ;. ".rl
cf, nut iu itdcJltion to. the Limits cf Insurance
lIPplying to !~is In:suranee and i:. IImitcc to
1I1e lesser 01 'ne arnuunl recoverable uncer:
(1) Thi~ insl.Irancccls of its eH~clh~ date; or
121 Tile P/lor insurance had It remalnec In
elfect,
9. Lon COVlred Under This Inlurance .nd Prior
In.urance Inued by Us or Any "'"lIIlte. " any
1:J!o!i is ccvercd:
., Panly by lhis Insurance; and
D, ParuV Dy any prior cancelled or lormln"lQd
2
TI71742514CE
P,04
If,s.rallcolhatwe 01 any aNiliale had 'ssuec
10 'IOU or any predecessor III interesl;
lhe mo,I... will pay Is Ihe larger ollhe amounl
recnl..,.blo under th,s il1Surance ur Ihe prtOr in,
~utanc.;.
10. Non,Cumulatlon 0' Limit 0' Insurance, Reg.:lrd.
lu..... (If tht' number 01 years tnls illSurance re.
1'leil'l' in fcre;e nr t"c nlJmbcrol premiums nald,
M Lir.,il of Insurance cumulat.s 'ro,,, vear to
year or ,eriad 10 period,
II. Othep Inlulance: This Insurance does not apply
to 10"' reCOverable Or recov.red under oilier In.
suranco CI Indemnity, However, tr L'1c limit or Ih~
Other Imurance or Indem,~lty Is Insulllclenl to
cover tile entire amO'JIlt or thO loss, Inls insur.
.ncewill apply 10 that pan ot Ihe loss, other Ihan
I~al railing within any deduct,ble ~mounl, not
recnverable or recoverau undor lhe olner Insur.
ance Or ,nrJemnity, However,lhls Insurance will
nol apulV to the amounto/loss Ihat IS Illore lhan
lhe apnltcaole Limit or Insurance shown In tn.
D:ClARA liONS,
12, Ownership 01 Properly,lntelU11 Coverad, The
properlY Covered under this ",surance Is IImil.
cd lu oropony:
.. ThaliOu Clvn or ItUIUi or
b, Fnr wltich yOU are le.ally Iiabla,
However, Ihis insurance is for ycur benetlt on:y,
II orovices no rlahls or benefits 'A allY olher ppr.
~un or crB8nlzatjon,
13, Policy PI/lad
I, Tho Pulle')l Perloe IS Shown In Ihe OFCl A.
RA liONS,
b, Sub;acr to the loss Sustained Durin. Prior
Ins.,"nce cond,lIon, ."e.,,1II pay only 'cr loss
thaI you sus,aln Ihrough acts committed or
evenls occurring during tr,c Policy PeriOd,
14, Reeordo: y"u must keep reccrdS 01 ;111 Covered
Prope~y so we can verify the amount n' ,"'v loss,
15, RecC'lt,l.,
I. Any recoveries. Tes.s the CO~l ()I OtltalnlnR
them, made after settleme~l 01 loss cov
p.reo Ov this In'urance Will be distributed as
'Ole'Ws:
(1) To iOU, until you are reimbursed rur any
:oss lIlat you sustain tnal e.ceeds the
limit 01 Insurance and Ihe OeCUClibl.
,1mnunl, if any:
121 ;non to us, unlil",. ara reimbursea fcr
the settlemenl 11ace:
131 ~tlen 10 you, until YOI' are reimoursed
ior that !:an 0' Ine loss eoual 10 I,'e
n~r1uctjbl. Amount, if any,
lO-23 ~5 lS:QO FLfM;GAH
,b, HeCllVeres do no', IncllJd,' ~ny rec~vcri"
(1) Fran! InSurance, sure:ysnip, relnsur,
or.c!), security or Indemnity ttll\cn lor our
t.'~rlf.~filj m
(2) 01 orlRlnal "securities" al:cr dup!lcates
af thr:m f!lt'/~ b~~fl 1~~U~lf.
1G. Territory. This IM"ran~o COYM~ on 'i A..,t'. com,
milled or c"enls occmrin~ within Hlc Unilcd
SlJll~~ of AIIl~ril:d. U.S. Vi'l:li" ls'til!d.... P~uHl(J
flico, CMal Zone, or Canada,
17. Tr,n,'" of Your Rlshtl 0' Recovery A8a1nll
Othefl to UII You musl trans'..r l,~ US all your
rights cf recovery l'Bulnst eny person or erguni.
ration lor a,'y loss yeu sus\3IM:l Aod for wn'roh
we have paid or settled, You must allO do overy.
1I11"B net:p.slary to secme thOs~ rlgnts and dO
neth,ng alter loss to Impair them,
18. Valuation-Settlement
s. ~uolect 10 the applicable LIrT'lt or Insurance
prcvlsloo we will pay lor:
(1) Loss o'''money'' but only up to and 10'
clUOlng Its IUI'U vulue, VI'.' lIluy, ,.t our
option, pay lor loss 01 "n'oney" Issued
by any country other 1I1an the Unlled
51alos nl Amerloa:
(I) At face vahle In 'he "mnney" iSSlle~
by lllat country: or
(b) In tI10 Unltcd Statc~ cl Amcrlcu dol.
lar equivalent determlneo by tne
r~ta ot exehanpe on the day tne 1015
w~s discu'l.reO,
(2) Los~ of "\ccunUes" but llfl'Y u~ \0 und
Im;lu(.\itlB Ult~ir Vi;l'U~ Ctl ~It~ (;:'h~ ur lJlI:)-
Inels or the day the :U~5 wus dI5~0.
vcred, We may, at our ootlon:
(a) Pay t~IC value 01 suetl "~eeulllies'
nr repl"oo 'hom in kind, in which
e'/en' you rnu~t "')~Ign to u~ ~ll your
"ghts, tltlc and Interell In and \0
l~lostt ":;,t:culil~S";
(bl Pay the r.ost or aoy \.nst ~"o:;rlt'es
Bond rcqlllrcd III CCIlr:cc~i~n with'S'
suing Cupllcates or:M ";OoIJrlI'''','',
However, 'I;C wll! I;e l'OIlle ')'1Iy ter
me pa~ment 01 \0 mucn oj the cest
of the beod al wCIII~ Il~ r.""Bp.r.Ir.r
a bOlld I1aville a ~ena,ly not e<r.ee(:.
"'Po Ihe lesser of thr.:
I. Value of the "~er.I;r1lio~" ar lhe
clo~c of tlli~lnt~s en th~ d~Y tne
less 1'1.5 clscoverec; or
ii, limit of InsurMc"
(3) Lo~s Of. M lM~ from damaga to,
"property cttler '"UII ",ulley :'1Il1 seuc.
rltle,~" or less rrorr. camage :0 ti':
"pr~n~I!;~~" f()r Mot more thnr'l the:
T:717-1251406
P:OS
.
(al Actual cash vu!ue 01 tnc property on
the day the 105\ 1'10\ ciscovered;
lb) COSI 01 repairing the propert'l or
"~.)ttfll1i~~S"1 or
(c) Cost of replacing tho propert'/ With
pruucrty of like kmd illld qu"it:v,
We may, ul our CptiUII, p~V tile ~c\u~1
r.olh value of the property or repollr or
replac.. il.
If we connot 'Rree. wllh yeu UpOIl the ac.
lual cash v"lue or the cost of rcceir or
replecement, Ihe vahlo or r.o~l will ~o
dp.tormlnp.d hy ~rhltrAllon,
b. We Olav, 01 our option, pay for Im~, of, or Ir.\~
IrlJ", d~IIlilHe to. plllperty ullier IlIall
"money":
(1) In thO "money" 01 tile country in which
tne lo~r. occurred; or
(2) In the United Slates of America dcller
..qIJlv."~nt at the "mOMV" 0' tM eouo'
trl In which the lo~' oc"urred deter,
milled by the rate of exchange on tne
liay IlIe III" was dbC(w.led,
c. Ally pruperty that we pay for cr repl~co be.
"ames our property,
C. GENERAL DEFINITIONS
1. "Employee" mean~:
a. Arl'} rli1IUrClI p~r:.iorl;
(1) While in your service 131llj ror 30 days
after torminallcn at servleel; and
121 Wllem you co",pensutc dtrccUy by sal.
a,y, wage~ or ~ommls\lnn'; and
(3) Whom you ha'le tne light to dlreCI.,M
control wi~ite perforn~inp' services tor
yuu: 0'
b. ,~ny nalllral person employed by an em~loy.
ment conlractor white that peroun I~ subject
r" you, dlre:tlnn and cootrol and perform.
In? ~ervic:.e:s for yc,u e'}I;cluding.lhiWdVp.r. ~n~'
IIJ.:ll person willie ha'lll1a corc ~nd custody
of r'HClJjert) O\llsintt the "prtH1\:SE:S",
But "I:lIIployee" ooes nOI mean ,3ny;
(I) AB""I, broker, lactor, commiSllcn merchant.
""""gn"", independent COOlroet'Jr or
reoresentatlve 01 the sam~ gene.ral charno.
ter: or
(2) Director or trultee exc9ptwlllle perfcrmlnR
act, coming Within the SCUP" 01 Ih. USII~I
rJutle~ 01 on ~mployeo,
2, "Money" means;
a, CUllellcy, colliS 0,,,;1 ballk nllles In current
J:.iC i.uuJ tUtving i1 rl;H';1: 'w'l:llH~i dl1t~
3
bl Travelers checks, r~gisler checks and mono
ey orders held for sol~ 10 Ille pu blic,
3. "Property Other Than Money and Securities"
means ony tangible prop~rty other thiln "mon.
ey" and "securities" that has Intrinsic value but
rJoes not inr.luOe ony property listed in any Crilll"
Coverage form oS Property Not Covered,
4. "Securities" means negotiable and non.
npgollable instruments or contracts repre!ient.
Ing eilher "money" or oll'ler proJ)~rty and In.
cludes:
a. Token!i, tickets, revenue ond olher stamps
(whelher represented by actuol stamps or
unused value in a moter) in current use; and
b. t:.vldenr.es of debtlSSlJeO in cortrl~I;lion With
credi! or charge card!i, which collh are not
l!isued by you;
IJull.loe!i not include "money",
4
..'I'."II.............nl,'...fll... 1(1" IlIIC'ClIO @
".
""';~:.',", ,.,;,l:~~;;'~'~:'T'l':( ", ~:.1'A~rJi:~r 1."~:""'l~\~~,,";:;~"/~.riQ~..:.i~ t.... 'R~{71f, . I, ,.a ':"
.HARBOLD'S'::FORLJ, INO~i'l.>,;!,., 'iCASH'PRlCEOF:EHlCLE '
P,O, BOX 446 ~ I ."
700 M,R. ROUTE 15 ~ /<I?v LlL> .........r Ec/. 'V/.,...
DILLSBURG, PA 17019.0446 . . 'A _ " ,~ I' "'_ . AI. ,_
Phone 432.9614 , A./tA to ""'..I/J '\,YV /<;/vr,
~ 2 0 84 77 Har~l~g~r~27~26~go03 0t:j~,;}7.9t/ Ct!'/<;'7Yl' Jl 111. P ~ I ./
"'MY?CI./'/'i./ I... 1,'-'vIPf'I'YJ IP/'. ~h l,-'03A V, 1"" T7'l.,m
/~ () Il~ <:" " . , ,.. .,j..J) [?aOr-
'~/_,", I(?('f"pk ..JJ"t""A~;'/iJ) _,...,J/
"". I) 'Y.' liP ('" 1111,'1'<' vir VI",'.Ia,,,'
m.....C H" \-1" I'") O,S\ rJ~ I c;: YI. r f'OI'lt/ n)qJd/2
P~~' n _.- - _I _ I rHO'"
0'(717)_'-;1?S :~~n IOus, hI. J1h' n,~. - /Jf. ~. P~tJ
;;;...,. PLEASE ENTER MY ORDER FO~"E FOLLOWINQ , /" _, _ '-1_ 1/l_I/"_A
J:oI'l:'w.. Dus'D oDE.O oCAA_~'OUC' ro.\18,~.\'f" //'f]"u t/r-l",
'l(l l/ I' '.~ - () I tc,ro .,.h;' I ";S toll. (r a!-',,,t 1" //(" LJ'(JJ L:,.-,
"OlOOVW<> 1'01. SEJ~~"':" ,~ ~. 0... :3 ')...{ t::u:-k> f.?( 'j(a":OA ('I"
7tJ1f(A/~, 'f-fYl/)Al..//\cOr 'Zr....{f ,.., _ r-J.'- _ ,/ I Q
~..~- "'~,",,",,,,'n "~, ...n,,",""" <r" , ,
. .... . , , ' ..'1' rI~ I') ~ ~ · r I 'U"..... 'J
'.;7 ...^~' OE::.r c. -' Q ~<.JN\ eL~..J,
000'21") ""~ ("''J /' ,~~ ,'* v
r,\{.J. v ~AI u.s;...,-., "'L u~~.,".,.,"" _".
lIS~. ExP. DATE TITLE NO. BP"
II you cancollM, purchase 'orumenl or relusl to lal(e doll\lery 01 tho \llthlcllt ordered
'W' IS permitl.~.w. you shall, al our optlon,lorfelt as dllmagOS8 depOSl1 of
.._.~Qa, ,
Purchlser hereby acknowtedges to the ab~ c~~.
'UACH"'R'S X /.')- Vx .. ,.
SIQ"ATURI! a.._ -~... --.4. .... .__~
. . . .~
'lAME QIl AGENT ~ I PHONE
CARRIER fLAI.tE
POlICY NUMBER
VERIFIED BY
.... t..
~ACTORY WARR.ANTY - The fldOl'y WIttMty eonstllut.. Id 011'" wl".nt.., WIth tt~ 10
..>""'-;,,'; "" of ."""il,,,.,. fht I..... tIt,q ,rp,nlly dilcl&tm, ,It ...HI"h,., I<ltl., .'prUltd 01
Im~ lncludWlO any Implied 1l'1IT'nty oIIt1tfCh.n:.t/lU1r or r'lnctU IOf . O"licutu CUfl)OM, lnd
lhe ..II" r'l1I1ht11"",,"not lull"Ior1Z" .., othlr pe'lOr'Ito Ulum" lot '1Iny li'bIllly,n eonne<:.
tlorl"'lh 'N tll,oflhll ntmm.ml.
I ] USED CAR WARRANTY - Uaed e", I" COVI,.d by I ljmll-.:t .....".nly""tl'I"d In" Itpautl
ofocvmlnl,
I J I I' - TNt moIOf ...NetlII ICKd MAS 15".Uho\lllny ""I".nly Il\hltl ".poINd Of Impil~ The
ItI'l.Uf WIll be.t ~ Intlrl IIJ*1Il of rtpllJtnV 01' C""Pf"h"12 In" .,.,.c1 ,~.t p'....nlty nl111
."1 tn.., oeCUt In IN ",hiCle. I - ~_______.
PUR HASER 5 X.' ~ 9. ftir ..
11('\ lUFt _ _ __..
Purchaser ogrees thlt_~rd8r Includes all of tho term! and conditions on
both the face and revlne.lde hereof, lhat Ihls orrler concels nnd super:Jodes
any prior agreement and II 01 the dale hereol comprise! lho complelo IInd
..eluslvo slolomonl oltholonno 01 agreomenl rellllng 10 ths ,ublocl mlllo..
covorod hereby, Thll Dl1ler Ihall nol becomo binding unlll accopled by Ihe
~eolor D' hie OUlhDl1zod rep",aonlollvo. You, th. buyer may cone. I this CDn.
Irecl ond recolv. a run 111und any limo bolo", ",colpl 01 a copy 01 Ihl,
contract slaned by In lIuthorlzed deale, representative by glvlna wrUten
nolle I o. cllncenallon 10 the dealor. Purchlller by his oxocullon 01 this order
ICknOWledges thai hi ha. reld III forms and condlllons and has rotelved .
irue copy or this ordlr.
PURCHASER'S "..o?ft~" ,., ~~ ~..
SIGNATURE ..:n DATE '7'-J /. YV
-ACCEPTED BY: (\::;1 R .'. OATEq-~I-ti
1-' ul IO",lEO R[PflF!.F.liTA1IVE
......
"/f.'<
FA<: \;.." R.obJ....
CASH S.LE PRICE OF DESCRIOEO VEHldLE
.
~IIjOu ..
/)~
i:;!\ ."\ O~.
-
/
PAINT AND FAORIC PROTECTlotl
RUST PROOFINQ AND UNDERCOAnND
EXTENDED SERVICE CONTRACT
TOTAL CASH p~
~I l\~ lO
I :t 'it\ ro
..3D CO
(lllLl' tloO . tlfU "nflllSt""tION . CAt "'NO II lNHSfll'l I cl ~ ""\
tIIHCWlllurCf'US . NOrAn,,"U l1IHOlWI'US ~ 04..1
1. TOTAL CASH PRICE OELlVERED '1").7 'j 7 ~
........... --
/OCl() CV __ --....
C'5" 0" UElI''"' I) \ 76 7 ~ 'L ... .,,- Lv
SALES TAX
DOC, PREP, FEE /TIRE TAX
2,
DEPOsrr O'l OADER
CASH
DOWN
PAYMENT
3, TRADE IN
LESS
....l.~lvn.....
4, TOTAL OOWN PA....eNT 12 , 31
_.
.-+J. In 1
')0
5, UNPAID O.LANCE OF CASH PRICE (I
e,
OTHER
CHARGES
- ')
"
7, UNPAID OALANCE (tr~Uc1b) (5 . 6)
. 'NANCfNu
iNsTrrliTi6 N
0, ANANCE CHARGE
--
9, TOTAL OF PAYMENTS (7 , 6)
10, OEFERRED PAYMENT PRICE (I . e . 8)
/1,1
__ PAYMENTS 0
. ) ANNUAL PEnCUUGt RATE
.
...IIIIIOU'"" .....",..'. II'" "''''1,111 (!)
.
"
Exhibit C
.'
.
,
J.'
.
" .
HARBOLD'S FORD, INC.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 95-699 CIVIL TERM
BARRY WINTERMYER,
CIVIL ACTION. LAW
Defendants
OATH
We do solemnly swear (or affirml that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonw13alth and that we will discharge the duties of our
office with fidelity.
>. ~ ;-
p.
. C) ;=;
~.: ..
w~J ..:r ..J ~__
o:'';~
(..)<::i ~..: ~:~
E-,' "-
t..__ :".i:J
0'"
. ~'. - ~:;f~
0-;-
u..;....... N r--' ..
.-J11: . . ;l~,-i
c. ' o.r::
r-= -; -
"'"
" <,0 ~
..s u' u
A WARD
We. the undersigned arbitrators. having been duly appointed and sworn (or affirmed). make the
following award:
(Not..' II dtnwr;.. 1M dMY .,. .werrJ<<I. fhrt ,/NI
IH up,tfltlly .t.,..}
~) t ~d ~ ~~ vi ft... ~~VJ\: ~ c:\.(A:'.,.~
~F-~
Arbitrator. dissents, (Insert nama if applicable,1
Dale of Award:
1/1-'(!'}C,
,
~J1;;/Jfl-~/L
ogor M, Morgonthol, Arbi"Olor IChoirmonl
Jl ' Jl 7 ) .
,t'~/t Vt;, I ~ I (",
John Wesley Weigel, I . Arbitrator
77 , ';2/ ~
~ /- --..-': - -,/' ..
~tfu' ,A~...,.Ij. '-
Rochel L, Mon.ch. Arbitrotor
Date of Hearing: Wednesdav, Januarv 24, 1996
. .. .
, .
/lt1 /t~
kobert/J. Ruth
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. ~4904 relating to
unsworn falsification to authorities, I hereby certify that I am
Robert J. Ruth, Vice President of Harbold'e Ford, Inc. and that
the facts set forth in the foregoing document are true and
correct to the best of my information and belief.
Date: -4- 9 -q1
,
'd'
f-...,
/:
\ ~
LAW OFFICES OF
HARRINGTON, KAUFFMAN & SHILLING
ATIORNEY: Tim J. Harrington, Jr.
SUPREME COURT I.D. NO.: 71242
100 PINE STREET, SUITE 300
HARRISBURG, PA 17101
(717) 720-1040
A TIORNEY FOR:
Defendant
HARBOLD'S FORD, INC"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
DOCKET NO. 97-1943
Defendant.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU,
HARRINGTON, KAUFFMAN & SHILLING
,-
LAW OFFICES OF
HARRINGTON, KAUFFMAN & SHILLING
ATIORNEY: Tim J. Harrington, Jr.
SUPREME COURT I.D. NO.: 71242
100 PINE STREET, SUITE 300
HARRISBURG, PA 17101
(717) 720-1040
ATIORNEY FOR:
Defendant
HARBOLD'S FORD, INC"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs,
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
DOCKET NO, 97-1943
Defendant.
JURY TRIAL DEMANDED
ANSWER AND NEW MA TIER TO PLAINTIFF'S COMPLAINT
NOW COMES the Defendant, United States Fidelity & Guaranty Company (hereinafter
UUSF&GU) by and through their attorneys, H!rrington, Kauffman & Shilling, and for its Answer
and New Matter to Plaintiff's Complaint states as follows:
1. Upon infonnation and belief, the allegations of this paragraph are admitted.
2, Defendant admits the allegations of this paragraph of the complaint.
3. Defendant admits that it sold such a policy, that it was effective in the period
alleged and that portions of said policy are attached to the complaint.
4, Defendant admits the allegations of this paragraph of the complaint.
5, Defendant admits that plaintiff has accurately quoted a portion of the policy,
.
6, The provisi~ofthe policy are as they appear on the same and to the extent
plaintiff paraphrases the same the allegations contained herein are denied,
7, Defendant admits that Exhibit B is attached to the Complaint, but after reasonable
investigation, Defendant has insufficient knowledge or information upon which to form a belief as
to the truth of the remaining allegations of this paragraph of the complaint and therefore neither
admits nor denies the same but demands strict proof thereof.
8, After reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the allegations of this paragraph ofthc
complaint and therefore neither admits nor denies the same but demands strict proof thereof.
9, After reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the allegations of this paragraph of the
complaint and therefore neither admits nor denies the same but demands strict proof thereof.
10, After reasonable investigation, Defendant has insufficient knowledgc or
information upon which to form a belief as to the truth of the allegations of this paragraph ofthc
complaint and therefore neither admits nor denies the same but demands strict proofthereof.
II, After reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the allegations of this paragraph of the
complaint and therefore neither admits nor denies the same but demands strict proof thereof.
12. After reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the allegations of this paragraph ofthc
complaint and therefore neither admits nor denies the same but demands strict proof thereof.
13. After reasonable investigation, Defendant has insufficient knowledgc or
information upon which to form a belief as to the truth of the allegations ofthis paragraph ofthc
complaint and therefore neither admits nor denics the same but demands strict proof thereof.
.'
14, Defendant admits that an action was filed by plaintiff, but Plaintiff has not
appended a copy thereof to the complaint and to the extent that the characterization of the
allegations of that action differ from the complaint filed, they are denied,
15, Defendant admits that an action was filed by plaintiff, and upon information and
belief, admits that Wintermyer filed an Answer thereto, but Plaintiff has not appended a copy
thereof to this complaint and to the extent that the characterization of the allegations in that
answer differ from the Answer filed, they are denied,
16. Defendant admits that an action was filed by plaintiff, and upon information and
belief, admits that Wintermyer filed an Answer thereto, and Plaintiff an Answer to Wintermyer's
New Maller, but Plaintiff has not appended a copy thereof to this complaint and to the extent
that the characterization of the allegations in that answer differ from the Answer filed, they are
denied, Further, after reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the remaining allegations of this
paragraph of the complaint and therefore neither admits nor denies the same but demands strict
proof thereof,
17. Defendant states that upon information and belief an arbitration award was entered
on the date alleged, but after reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the remaining allegations of this
paragraph of the complaint and therefore neither admits nor denies the same but demands strict
proof thereof,
18. Defendant states that upon information and belief an arbitration award was entered
on the date alleged, but after reasonable investigation, Defendant has insufficient knowledge or
information upon which to form a belief as to the truth of the remaining allegations of this
paragraph of the complaint and therefore neither admits nor denies the same but demands strict
proof thereof.
19, The allegations set forth in this paragraph of the complaint are denied,
I
I
20. Defendant denies the allegations contained in this paragraph,
21. The allegations set forth in this paragraph of the complaint are conclusions of law
to which no response is required under the Pennsylvania Rules of Civil Procedure, To the extent
that any of such allegations arc taken to be factual in nature, they are denied,
22, Defendant denies the allegations contained in this paragraph,
23, Defendant denies the allegations contained in this paragraph,
24. Defendant admits the allegations of this paragraph of the complaint.
25, Defendant denies the allegations contaitled in this paragraj'lh,
26. Defendant denies the allegations contained in this paragraph,
27, The allegations set forth in this paragraph of the complaint are conclusions oflaw
to which no response is required under the Pennsylvania Rules of Civil Procedure, To the extent
that any of such allegations are taken to be factual in nature, they are denied,
28, The allegations set forth in this paragraph ofthe complaint are conclusions of law
to which no response is required under the Pennsylvania Rules of Civil Procedure, To the extent
that any of such allegations arc taken to be factual in nature, they are denied,
29. The allegations set forth in this paragraph of the complaint are conclusions of law
to which no response is required under the Pennsylvania Rules of Civil Procedure, To the extent
that any of such allegations are taken to be factual in nature, they are denied,
30, Defendant admits the allegations of this paragraph of the complaint.
WHEREFORE, Defendant denies that Plaintiff is entitled to judgment against the
defendant in the amount specified, or to any sum of money whatsoever, or to interest, costs, or
fees and prays that judgment be entered in Defendant's favor and against the Plaintiff and for its
costs and fees and for such other relief as the Court deems appropriate,
DEFENDANT DEMANDS TRIAL BY JURY.
NEW MA ITER
31, Plaintiff has failed to state a cause of action upon which relief can be granted,
32, Plaintill's claim may be barred and limited by the applicable statute of limitations.
33, Plaintilfmay have failed to mitigate damages,
34, Defendant reserves the right to challenge any award of delay damages in this case,
35, The Defendant demands that appropriate hearings be conducted in this case prior
to any award of delay damages,
36, Rule 238 of the Pennsylvani~ Rules of Civil Procedure, as applied, are violative of
the due process and equal pr~tection clauses ()fthe Fourteenth Amendment to the Constitution of
the United States, ~ 1983 of Title 42 of the United States Code and Article I, ~ 1,6, II and 26
and Article V, ~ 10(c) of the Pennsylvania Constitution and imposes a chilling effect on the
. ,
, .
exercise by Defendants ?f their Constitutidnal Rights,
37, Plaintilffailed to fulfill its duties under the policy of insurance referred to as set
.
forth in the General Conditions and specifically paragraphs 4,,6. and 14 thereof.
38, T~e exclusions set forth at Paragraph D of the Employee Dishonesty Coverage
FonD, Exhibit A to the Complaint, specifically, but not limited to subparagraphs l.b, and 3., apply
and coverage is thereby excluded,
" '
HARBOLD'S FORD, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. q7 - 1'1/f 3 twJ. T ~
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Defendant
ARBITRATION MATTER
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW COMES, Plaintiff Harbold's Ford, Inc. ("Harbold's")
by and through its attorneys, McNees, Wallace & Nurick, and makes
the following reply to Defendant United States Fidelity and
Guaranty Company's ("USF&G") New Matter.
31. Denied. This paragraph states a conclusion of law to
which no response is required.
32. Denied. This paragraph states a conclusion of law to
which no response is required. To the extent a reeponse is
required, it is expressly denied that the statute of limitations
has any application to Harbold's claim. The shortest statute of
limitations which could apply to Harbold's claims is four (4)
years from the date the cause of action accrued. Harbold's filed
this action on April 14, 1997, which means that its cause of
action would have had to accrue before April 14, 1993, in order
for it to be barred by the statute of limitations. Since the
vehicle was not even sold until September 29, 1994, the statute
of limitations cannot have any applicability to Harbold's claim.
....
...'
33. Denied. This paragraph states a legal conclusion to
which no response is required.
34. Denied. Plaintiff denies that USF&G can properly
reserve the right to challenge a claim which has not yet been
made. Plaintiff's action is for breach of contract, and
Plaintiff is entitled to prejudgment interest on the liquidated
amount of its damages. Plaintiff does not believe damages for
delay as set forth in Pa. Rule of Civil Procedure 238 applies to
Harbold's claim since such a claim would only relate to monetary
relief for "bodily injury, death or property damage. ..". In the
instant case, Harbold's is not seeking any damages for "bodily
injury, death or property damage" as contemplated by Pa. Rule of
Civil Procedure 238.
35. Denied. Plaintiff incorporates herein by reference its
response to paragraph 34 above.
36. Denied. This paragraph states a legal conclusion to
which no response is required. To the extent a response is
required, Plaintiff incorporates herein by reference its response
to paragraph 34 above.
37. Denied. This paragraph states a legal conclusion to
which no response is required. To the extent a response is
required, Plaintiff deniee that it failed to comply with any of
the conditions set forth in the Policy.
- 2 -
" '
38. Denied. This paragraph states a legal conclusion to
which no responee is required. To the extent a responee is
required, it is expressly denied that Plaintiff's claim is
excluded under any provision set forth in the Policy.
39. Denied. This paragraph states a legal conclusion to
which no response is required. To the extent a response is
required, it is expressly denied that Plaintiff has impaired
USF&G's subrogation rights or that coverage is vitiated. USF&G
denied coverage and does not have any subrogation rights. In any
event, USF&G's rights to pursue any employee engaged in
dishonesty has not been impaired.
40. Denied in part; admitted in part. It is admitted that
a loss occurred within the meaning of the Policy. It is admitted
that "Plaintiff may have discovered it [loss] after 2/1/96." It
is denied that Plaintiff's discovery of its loss after 2/1/96
leads to the conclusion that coverage does not apply under the
Policy.
41. Denied. This paragraph states a legal conclusion to
which no response is required. To the extent a response is
required, it is denied that more than two (2) years elapsed from
the discovery of the suepected theft and the filing of this
action. As set forth in the Complaint, plaintiff did not
discover the theft until after the arbitrators' award on January
24, 1996. Additionally, USF&G cannot rely on a contractual
- 3 -
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. '
limitation of suit provision since it has not been prejudiced,
and the limitation of suit provision has been tolled or equitably
extended.
42. Denied. Plaintiff denies that Defendant can rely on
any defense based on the Policy not specifically identified in
its denial of coverage, and further denies that USF&G can rely on
any defense not specifically raised in its Answer and New Matter.
WHEREFORE, Plaintiffs Harbold's Ford, Inc. demands judgment
in its favor and against Defendant United States Fidelity &
Guaranty Company as requested in the Complaint.
Plaintiff denies that USF&G is entitled to a trial by jury
in the first instance since this matter must first be arbitrated.
Respectfully submitted,
McNEES, WALLACE & NURICK
~
Jonathan H. ire
LD. #56880
100 pine Street
, .-/ P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Harbold's Ford, Inc.
Date: June ~, 1997
- 4 -
(.
HARBOLD'S FORD, INC.
Plalntlll'
VI.
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
DefeDdaDt
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
it
I
: NO. 97-1943 CIVIL TERM
:
.
.
: CIVIL ACI'ION - LAW
NOTICE OF HEARING
Please talco:: notice that the Arbitration Hearing concerning the above-referenced action
will be held on November 20, 1997, at 2:00 o'clock p.m. at the Second Floor Hearing Room, Old
eulnberland County Courthouse, Carlisle, Pennsylvania 17013.
Scott A. Freeland, Esquire
3907 Hartzdale Drive
Camp Hill, PA 17011
Fred H. Hail, Esquire
4 Liberty Avenue
Carlisle, PA 17013
Jonathan H. Rudd, Esquire ..... f I-
McNees, Wallace & Nwick r.
100 Pine Street
P. O. Box 1166
Hanisburg,PA 17101
C. William Shilling, Esquire - J8-iJ-
Hanington, Kauffinan & Shilling Q
100 Pine Streel, Suite 300
Hanisburg, PA 17101
Dated: I 'I ~ d 'l:2.-
cc: Court A<iministrator
'- ,
HENRY F. COYNE;
3901 Market Street
Camp Hill, PA 170Il-4227 .
(71 7) 737-0464
Pa. S. Ct. No. 06250
,
LAW OFFICES OF
HARRINGTON, KAUFFMAN & SIIILLlNG
ATTORNEY: Tim J. Harrington, Jr.
SUPREME COURT I.D. NO.: 71242
100 PINE STREET, SUITE 300
HARRISBURG, PA 17101
(717) 720-1040
ATTORNEY FOR:
Derendant
HARBOLD'S FORD, INC"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
DOCKET NO, 97-1943
Defendant.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
~ t:t .-:-
AND NOW, this J > dayof.J 1I ~.c. . 1997, I, C. William Shilling,
Esquire, attorney for Defendant affirm that I served the Request ror Admissions by the Plaintiff
Harbold'. Ford, Inc. by depositing same in the United States Mail, postage prepaid, in
Harrisburg, Pennsylvania, addressed to:
Jonathan Rudd, Esq,
100 Pine Street
Suite 700
Harrisburg, PA 17101
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LAW OFFICES OF
HARRINGTON, KAUFFMAN & SHILLING
A TIORNEY: Tim J. Harrington, Jr.
SUPREME COURT LD. NO.: 71242
100 PINE STREET, SUITE 300
HARRISBURG, PA 17101
(717) 720-1040
ATIORNEY FOR:
Defendant
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HARBOLD'S FORD, INC"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff,
vs.
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
DOCKET NO. 97-1943
Defendant.
JURY TRIAL DEMANDED
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Please substitute the attached verification for the one which was filed with the Answer and
New Matter.
Respectfully submitted,
HARRINGTON, KAUFFMAN & SHILLING
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HARBOLD'S FORD, INC.
PlaIntiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
V5.
: NO. 97-1943 CIVIL TERM
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
Defendant
: CIVIL ACTION - LAW
NOTICE OF HEARING
Please take notice that the Arbitration Hearing conceming the above-referenced action
will be held on November 20,1997, at 2:00 o'clock p,m, at the Second Floor Hearing Room, Old
Cumberland County Courthouse, C7s1e, Pennsylvania 17013,
Scott A, Freeland, Esqui~
3907 Hartzdale Drive
Camp Hill, PA 1701 I
Fred H. Hait, Esquirc
4 Liberty Avenue
Carlisle, P A 17013
Jonathan H, Rudd, Esquire
McNees, Wallace & Nurick
100 Pine Street
p, 0, Box 1166
Harrisburg, PA 17101
C. William Shilling, Esquire
Harrington, Kauffman & Shilling
100 Pine Street, Suite 300
Harrisburg, P A 171 0 1
Dated: l '-I (!) c1:. q 7
HENRY F. COYNE, SQUIRE
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa, S, Ct. No. 06250
cc: Court Administrator
HARBOLD'S FORD, INC.
.
,
IN THE COURT OF CO
CUMBERLAND COUNTY,
----
DiF
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Ul'l t'LEAS 'ls;7-
PENNSYLVANIA
V.
UNITED STATES FIDELITY AND
GUARANTY COMPANY
.
.
97-1943 CIVIL TERM
.
.
:
: CIVIL ACTION - LAW
IN RE: VACATE ARBITRATOR
ORDER OF COURT
AND NOW, OCTOBER 6, 1997, the appointment of Keith
DeArmond, Esquire, is hereby vacated and Fred Hait, Esquire, is
appointed in his stead.
-
By the Court,
Henry Coyne, Esquire
Chairman
(v
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Court Administrator
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CERTIFICATE OF SERVICE
I, Jonathan H. Rudd, hereby certify that on this date a true
and correct copy of the foregoing document was served by first
class mail, postage prepaid, upon the following:
C. William Shilling, Eequire
HARRINGTON, KAUFFMAN & SHILLING
100 Pine Street, Suite 300
Harrisburg, PA 17101
Dated: eJ J c I q 1
~-!}",;c i \/ f~(
\~athan H. Rudd
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LAW OFFICES OF
HARRINGTON, KAUFFMAN & SIIILLlNG
ATIORNEY: Tim J.llarrlngton, Jr.
SUPREME COURT I,D. NO.: 71242
100 PINE STREET, SUITE 300
HARRISBURG, PA 17101
(717) 720-1040
A TIORNEY FOR:
Defendant
HARBOLD'S FORD, INC"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs,
UNITED STATES FIDELITY AND
GUARANTY COMPANY,
DOCKET NO, 97-1943
Defendant.
JURY TRIAL DEMANDED
CERTIFrCA TE OF SERVICE
AND NOW, this 4th day of June, 1997, I, Kelly McKinstry, Legal Secretary to Tim J,
Harrington, Jr., Esquire, attorney for Defendants affinn that I served the Notice of Deposition,
Request for Production ofDocurnents, Interrogatories, Entry of Appearance and Answer and
New Matter to Complaint via hand delivery in Harrisburg, Pennsylvania, addressed to:
Jonathan Rudd, Esq,
100 Pine Street
Suite 700
Harrisburg, P A 17101
. nst ,Legal cretary to
Tim J, arrington, Jr" Esquire
Supreme Court I.D, No,: 71242
Attorney for Defendant
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Harbold's Ford. Inc.
vs.
United States Fidelity and Guaranty Company
No, 97-1943 Civil Term
19_
Now, Apr. 15.
Dauphin
19....2].1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the SherlITof
County 10 exeeute this Wril, Ihls depulatlon being mode allhe requesl and rbk of the Plain lilT.
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SberlITofCumberland Coun!)', Po.
Affidavit of Service
Now.
within
upon
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by handing 10
attesled copy of the original
lhe eontents thereof.
19
. at
o'c1oek
1\1, served the
o true and
and mode known 10
So answers,
SheriIT or
County, Po.
COSTS
Sworn and subscribed hefore
me this day of
19_
SERVICE
MILEAGE
AFFIDA VIT
s
s
LAW OFFICES OF
HARRINGTON, KAUFFMAN & SIIILLlNG
ATIORNEY: Tim J. Harrington, Jr.
SUPREME COURT I.D. NO.: 71242
100 PINE STREET, SUITE 300
HARRlSBURG,PA 17101
(717) 720-1040
ATTORNEY FOR:
Derendant
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
HARBOLD'S FORD, INC"
VS,
UNITED STATES FIDELITY AND
GUARANTy COMPANY,
DOCKET NO, 97-1943
Defendant.
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the Defendant in the above-captioned litigation,
HARRINGTON, KAUFFMAN & SHILLING
Tim 1, Hamn
,....
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~~~~t OATH
We do solemnly swear (or affirm) chat we will support, obey and defend
che ConstiCution of the United SCaces and the Consti~tioa of this
wealth and that we will discharge che duties of our office with
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In The Court of Coemon Pleas of
Cumberland County, Pennsylvania
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C'~H-f, T~
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AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
. Arbitrator, dissents. (Insert name i:
applicable. )
Date of Hearing: "2..0 I\J ~ '17
Date of Award: '2-D VlJ ('J'7J"~')
lIOTICE OF ENTRY OF AWARD
lIow, the~day of ./l.btJEmbuL . 19fL, at ""VI, , 11..:1.. the above
award was entered upon the docket and notice thereof given by mail to che
parties or their attorneys.
Arbitrators' compensation
paid upon appeal:
$ .:)9(" () f\
to be
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