HomeMy WebLinkAbout97-03869
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1997-03869
Cumberland County Protho~otary's Office Page
Civil Case Inquiry
HORNE CHERYL L (VS) GENERAL ACSIDENT INSURANCE CO
1
Reference No..:
Case Type.....: WRIT OF SUMMONS
Judgment......: .00
Judge Assigned: 1I0FFE~ GECRGE E PJ
7/17/1997
8:54
0/00/0000
0/00/0000
F 11 ed . . . . . . . . :
Time......... :
Execution Date
Sat/Dis/Gntd. .
Jury Trial....
Higher Court 1
Hiaher Court 2
***...*******.*******..***********.**************...***,.*********.*.......****.
General Index Attorney Info
HORNP. CHERYL J pS."....T~:: ANDES SAMUEL L
GENE,;A:' j,CCi!::EN'J.' IXSUll.\NCE ~;:.:::';';A:,T L'.RCE...LO ::l::lUGI.AS B
COMPANY
1JO CO~P0RATE CENTER
C.'.l~Y II ~ ~r. PI, 17 C L
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* Date Entries *
**********.....***************_****************_*r***.._'i-C...._._.._._._...-..-
PR"ECI<,B FOR \i1U'i' Ur' ti~,n.iO,i~ ~I" C:..J.:. "C'J.':'ON-WkI'i' u,' SUMMONS ISSUED
S:IERIF:" S RET\I~N FILED
Litigant.: GEilZAAL A;::C:~J;.NT I:~:"jRA,'i':E:"O
SeWED : 71l8/97 lilG'r .-:~ ,or:
09/2.;'-;.' ~~~~Eij>E'FOllEN4~lgFBA~P~Ai<A~CEA~g~3DHEN6~fJ~y DOUGLAS B
!o:.~.j,CEL::"C .':':;Q
P;'t'.EC:P.:. foR RULE '!::. rILE COMPLAINT BY DOUGLAS B MARCELLO ESQ
RUI.E TO FILE COMP;,,'.!NT RV Ll.WRENCE E WELKER PrtOTHONOTARY
C",.,.>LAl.": J.
Al'lt'::\iER ;.ND NEI'i MATTER
t-tO'J.':':ON "ut: SL~.jl-:rlrt'" ,.oui;.;..j",lfJ.'
PRAECIPE FOR LISTING CASR FOR ARGUMFNT BY DOUG~S
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12/03/97
03/2u/911
05/01/98
B MARCELLO ESQ
B MARCELLO ESQ
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CHERYL J. HORNE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
VS. ) CIVIL ACTION - LAW
) NO. c;7- :3S"ft,q C!.LvJ..
GENERAL ACCIDENT INSURANCE )
COMPANY, )
Defendant ) JURY TRIAL DEMANDED
PRAECIPE
Sir:
Please issue a Writ of Summons against the Defendant in the above-captioned
matter and deliver it to the Sheriff of Cumberland County for service upon the Defendant at
the following address:
General Accident Insurance
100 Corporate Center
Camp Hill, PA 17011
~~
"SamU8~ t:' s ...
Attorney for Plaintiff
Supreme Court 10 # 17225
525 N. 12" Street
Lemoyne, PA 17043
(717) 761.5361
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5, At the time such items were stolen from Plaintiff, they were insured against thell by a policy of
insurance issued by the Defendant to the Plaintiff, Plaintiff no longer had a copy of that policy of insurance
and cannot, therefore, attach a copy to this Complaint Plaintiff believes. however, that Defendant has a full
and complete copy of the said policy and is awarc of its terms and provisions
6, At the time of the loss, Plaintiff did not know that the thell was insured by the policy ofinsuraACc
issued to her by Defendant because Plaintiffbelieved that policy had been canceled by her insurance agent
and was no longer in effect.
7, As a result of her belief that the policy issued by the Defendant was no longer in effect, Plaintiff
did not make claim on the policy issued by Defendant but. instead. made claim on a policy issued to her by
another insurance company. Lititz Mutual Insurance Company
8, Plaintiff was eventually advised by Lititz Mutual and its representatives that the polK:Y issued to
Plaintiff by the Defendant was still in effect at the time of Plaintiffs loss
9 Promptly aller ascenaining that the policy issued by the Defendant was in effect at the time of her
loss. Plaintiff made claim for payment under the policy issued by the Defendant To date. Defendant has
failed or refused to make any payment or to make any formal response to Plaintiffs claim under the said
policy,
10 The items stolen from the Plaintiff at a total value of S~4. 740 00 Under the terms of the policy.
Defendant o~~s Plaintiff $~4. 740 00 plus interest
11 Plaintiff has complied wtlh all ~s of the Defendant and has fully cooperatm in the
processing of her claim for paymtnt under the I")\~'
12 Despite repeated ~s by P1aintilf, Defendant hu failfd and rclUsed to make the paytumts
due to Plailltiff Defendallt.l'ty its conduCI. has \' ~~ttd the terms ,)f' the I"~,)
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persons unknown to Plaintiff and/or that Plaintiff has not
recovered said items. In the alternative. it is denied that on or
about January 29. 1996. items of jewelry and a computer system
allegedly owned by Plaintiff and allegedly kept at her residence
was stolen and removed from Plaintiff's possession by person or
persons unknown to Plaintiff which Plaintiff has not recovered.
and/or that Plaintiff has not recovered such items.
S. Denied. Answering Defendant is without information as to
the truth of the averments that such items were stolen from
Plaintiff. In the alternative. it is denied that such items were
stolen from Plaintiff. It is denied that Defendant is obligated or
required to make payment on any policy of insurance issued to
Plaintiff.
6. Denied. Answering Defendant is without information or
belief as to the truth of the averments that Plaintiff did not know
that at the time of the alleged theft. any and all allegations of
theft being denied. that she was insured by the policy of insurance
issued to her by Defendant and/or that Plaintiff believed that the
policy had been canceled by her insurance agent and was no longer
in effect. In the alternative. said averments are denied,
7. Admitted in part and denied in part. Based upon
information and belief. it is admitted that Plaintiff made a claim
on a policy issued to her by Lititz Mutual Insurance CO!Ilpany.
Mil_ring Defendant is without information or belief 4S to the
truth of the averments that she did not make a claim on the policy
issued by Defendant baaed upon a bel let that the pol icy iuued by
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Defendant was no longer in effect, hence it is denied and proof is
demanded at time of trial.
8. Denied. Answering Defendants are without information or
belief as to the truth of the averments of paragraph 8, hence it is
denied and proof is demanded at time of trial,
9. Denied as stated. It is denied that Plaintiff promptly
made a claim for payment of the policy issued by Defendant. Any
and all allegations that Defendant is obligated by the terms and
conditions of a policy and the application of any exclusions
thereto make payment to Plaintiff. including but not limited to.
based upon the facts of the case. is denied and proof is demanded
at time of trial.
10. Denied. Answering Defendant is without information or
belief as to the truth of the averment that any items stolen from
Plaintiff had a total value of $54,740.00. In the alternative. any
and all allegations that the items were stolen from Plaintiff are
denied. It is further denied that Defendant owes Plaintiff
$54.740,00 under the terms of the policy.
11. Denied as stated, It is denied that Defendant is
obligated to make payment to Plaintiff for any alleged loss based
upon the terms conditions and exclusions of the policy as applied
to the facts of the case, It is denied that Plaintiff has complied
with all terms of the policy.
12. Denied. It is denied that Defendant is required to make
payments to Plaintiff andlor that Defendant has violated the terms
of the policy,
)
.
WHEREFORE, Defendant request this Honorable Court dismiss
Plaintiff's Complaint,
NEW MATTER
13. Plaintiff's claims are barred in whole or in part by the
terms, conditions, exclusions of the policy of insurance, a copy of
which is attached hereto and made a part hereof as Exhibit "A".
14. Coverage for the loss at issue is barred or limited by
the provisions of Section I, Coverage C as set forth in the policy
attached hereto and made a part hereof,
15. Plaintiff's claim is barred or reduced pursuant to
Section I, Coverage ~ to the extent that the articles at issue were
separately described and specifically insured in this or other
insurance. Plaintiff's claims may be barred by Section I - Perils
insured against to the extent the loss was the result of a theft
committed by an insured as defined by the policy.
16. Plaintiff's claim may be barred or reduced as set forth
in the provisions of Section I - Exclusions (5) to the extent that
the loss and/or damages therefrom were the result of neglect by the
insured to use all reasonable means to save and preserve property
at and after the time of the loss.
17. Some or all of plaintiff's claims may be barred or
reduced to the extent set forth in Section I - Exclusions (8) that
the lOBS was an intentional loss, arising out of any act committed
by or at the direction of an insured and with the intent to cause
a loss.
.
18, Some or all of Plaintiff's claims may be barred or
reduced as set forth in Section I - Conditions (1) to the extent
that more than one person has an insurable interest in the property
covered, Defendant is not liable to the insured for more than the
amount of the insured's interest at the time of the loss or more
than the applicable limit of liability,
19. Some or all of Plaintiff's claims may be barred by
Section I - Conditions (2) to the extent Plaintiff failed to give
prompt notice to Defendant and/or its agent,
20. Some or all of Plaintiff's claims may be barred or
limited as set forth in Section I - Conditions (3) of the Policy,
21. Some or all of Plaintiff's claims may be barred or
reduced by Section I - Conditions (7) of the policy provides that
if a loss covered by this policy is also covered by other
insurance, Defendant is obligated to pay only the "portion of the
loss that the limit of liability that applies under Defendant's
policy bears for the total amount of insurance covering the loss.
22. Plaintiff's action is barred pursuant to the provisions
of Section I - Conditions (8) of the policy providing that no
action can be brought unless the policy provisions have been
complied with and the action is started within one year after the
date of 10s8.
23. Some or all of Plaintiff's claims may be barred or
reduced pursuant to the provisions of Section I and II - Conditione
(2} ie void if it misrepresented any material fact or clr~um8tance8
Qr made false statements or en9~~d in fraudulent conduct,
.,
24. Any and all claims of Plaintiff's Complaint may be barred
pursuant to the provisions of Section I and II - Conditions (2)
which provides that the entire policy is void if, before, or after
a loss, an insured has intentionally concealed or misrepresented
any material fact or circumstances; engaged in fraudulent conduct;
or made a false statement relating to this insurance.
25. Some or all of Plaintiff's claims may be barred or
reduced pursuant to the statute of limitations and/or the time
limitations on the filing of the suit set forth by the terms of the
policy.
26,
reduced
Some or all of Plaintiff's cl'lims may be barred or
by Plaintiff's fraudulent conduct and/or
misrepresentations,
27, Some or all of Plaintiff's claims may be barred or
reduced because the alleged loss did not result from a theft and/or
a theft by someone other than an insured.
28. Some or all of Plaintiff's claims may be barred or
reduced based upon the loss and result of intentional actions by an
insured,
29. Some or all of Plaintiff's claims may be barred, reduced.
or limited pursuant to the provisions of the policy at Form HO-
61 (4/84) - Conditions <:21 (e) and/or ()).
30. Some or all of Plaintiff's claims may be barred. reduced,
or limited pursuant to the provisions of Form HO-S37 (11.77)
pursuant to the provisions of Section B (4) (AI and/or Section B
(5) tel.
6
41 J,J ~,.{lj li)OmJ.~3Y
~JlltJSVl,ll1t1t>
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HO-350
lEd 9-871
SUPPLEMENTAL PROVISIONS
. w"
DEFINITIONS
Definition 5. is deleted and replaced by the
fol/owing:
5. "occurrence" means an accident. Including
continuous or repeated exposure to sub-
stantial/y the same general harmful condi-
tions, which results, during the policy
period. in ~
a, bodily Injury; or
b property demage.
SECTION I - PROPERTY COVERAGES
I '
Under COVERAGE C - Personal Property,
Special Limits of Liability, item 2., is deleted
and replaced by the following ,
2. 51.000 on securities, accounts, deeds, eVI-
dences of debt. letters of credit. notes
other than bank 'notes. manuscripts. per-
sonai records, passports, tickets' and stamps
This dollar limit applies' to these categones
regardless of the medium (such as paper
or computer software) on which the matenal
exists,
This' limit includes the cost to research,
replace' or restore the on formation from
the lost or 'damaged material '
Under 'COVERAGE C . Personl" Property,
Property Not Covered, Item 8 is deleted and
replaced by the following: ,
8. business data, including, such data stored
in:' " ,
a books of account. draWings or other
paper records; or -
b, electronic data processing tapes, wires,
records. diSCS or other software'med'a
However, we do cover the cost of blank
recordin9 or storage media, and of pre-
recordea COmputer programs available on
the retail market
Under ADDITIONAL COVERAGES:
Item 1. Debris Remonl is deleted Itld replaced
by the following,
t. Debris Remonl, We will pay your rea-
sonable expense for the removal of
I debriS of covered prO(lerty if a Per,!
Insured Against that aopr.es to the dl""-
aged property causes the loss, or
b ash. dust or p.l!'t'cles from a volcaniC
eruption that hu caused dorect loss to a
bUlldong or prooerty ConUlned Ir' a
bu.ldong
. ' .
ThiS expense is included in t~e limit of li-
ability 'that applies to the damaged prop-
erty': 'If ,the 'amount' to be paid, for the actual
damage to the' property plus the debris
removal expense is more than the limit of
liability 'for the 'damaged property. an add,-
tlonill. '5% of that limit of liability is avail-
able for debris removal expense
'We will 'also pay', your reasonable expense,
uP' to ,5500 In the aggregate for the re-
moval from the residence premises of
a 'your'. treefs) Melled by the peril of
.. Wi~dst?~n:: O! Hall.
b, ' your tree!s) ,felled by the peril of Weight
" of Ice, ShOW, or Sleet IForms HO-2,
HO-3. HO-4'and'HO-6 'only); or
c"a ne1ghbcir's-treels) felled b~ a Peril In-
sured Against under : Coverage C;
prOVided the' treelsl "damages a, covered
structure . ': . " .
. ,
Item 2. Reasonable. Repairs IS deleted' and
replaced by the fol/oyting: '
2, Reasonable Repairs., In the event that cov-
ered property is damaged br 'an applicable
Peril Insured Against. we wll pay the rea-
sonable.cost Incurred by you for necessary
measures taken: 'solely to prolect a~lnst
further ,damage, If the measures. taken In-
volve' repair to ether :,damaged , property,
we will pay for those measures only If
that property IS covered under this policy
and the damage to that property IS caused
_ by an. app!icable ,Peril Insured Again'st
ThiS coverage, ' '" .
a does not 'ncrease' the limit' of I'ability
that applies to the cOllered property;
b: . does 'not rell,ve yOlo of- your diJlllS, In
, 'case ,of a' loss to Covered property, as
'set forth in Section I' Condition, 2,d
It'~ 7.' 'Loss Ais~..m.nt' IS deleted' and re-
placed by the f Ollowong: .
7. Loss Assessment. We Will pay up to
' $1.000 for, your share of loss assessment
charged' dur,ng the, polley penod a~lnst
you by a Corporation or association of
property owners, when the assessment IS
made as a' reSUlt of direct loSS to the
property owned by all members collective!,
caused by a Peril Insured Against unoe"
Coverage AhCwellonll Other than eart"-
cua"e or land shock waves or tr....O"S
before dvnng or I'ter a vOlc.nlC eructlon
HO'~O !Ed 9 e-
Copy'ognt lr'\S<Tl'\Ce S"V<'5 QIf'ce ,....c !9S~
"19' 1 c' 4
Under 3. Loss Settlement' in Forms HO- 1.
HO-2 and HO-3. paragraph b,(4) is deleted
and replaced by the following:
141 We will. pay no more than the actual cash
value of the damage unless:
(al actual repair or replacement is complete;
or
(b) the cost to repair or replace Ihe damage
is both:
Ii) less than 5", of the amount of Insur-
ance in this polocy on the building;
and
(ii) less than 52500,
SECTION II - LIABILITY COVERAGES
Under Coverege.E;'Personel Lleblllty. item t
is deleted and replaced by the following in all
Forms and Endorsement HO-73 c.
1. pay up to our Iomit 0 f Iiabiloty f or the
damages for which the insured is legally
Ioable, Damages include preJudgment interest
awarded against the insured.
SECTION II - EXCLUSIONS
Under ,tern t. Coverege E - Personel L1ebllity
and Coverege' F - Medicel Peyments to
Others, Item b, is deleted and replaced b.Y the
follOWing ,n all Forms and Endorsement HO-73
b {II art sing out of or In connection With a
business engaged In by an insured Th.s
exclusion apploes but .s not limited to an
act or omission. regardless of Its nature
or circumstance, InvolVing a service or
duty rendered, promised, owed, or Im-
phed to be provided because of the
nature of the business:
b(21 ansing out of the rental or hOld,ng for
renal of any part of any prem.ses by
an Insured This exclUSion does not ap-
ply to the rental or holding for rental
of an Insured locetlon:
(i) on an occaSional basis If used only
as reSidence.
liil In part for use only as a reSidence,
unless a Single famIly un.t IS Intended
for use by the Occupyong family to
lodge more than two roomers or
boardllt's. or
(11I1 on part IS an office, SChool, StudiO
or prIvate gar age
under Item 1. Coverege E - Personal Llabillty
and Coverege F - Medicel Peyment. to
Other.. the lollowong .,.CluSlon IS added to all
Forms and Endors_nt HO-73
I ...1llCh arIses out Of the transmuoOn 01 .
cOf"V'l'1Ul'\Icab1e disease by an IMurecl
HO-350
(Ed 9-87)
(This IS eXClusion J in HO-731
Under ,tem 2. Coverage E - Personal Liabil-
Ity, item a(l) is deleted and replaced by the
follOWing In all Forms and Endorsement HO-73
(11 for any loss assessment charged against you
as a member of an association, corporation
or community of property owners.
SECTION II - ADDITIONAL COVERAGES
Under item 1. Claim Expenses, paragraph e is
deleted
Under 3. Damage to Property of Others.
Item e,(11 is deleted and replaced by the fOl-
lowing
( 1) a business engaged In by an insured;
lIem 4. Loss Assessment is deleted and re-
placed by the follOlllling
4. Loss Assessment, We will pay up to
51.000 for your share of loss assessment
charged dunng the polocy periOd agaInst
you by a corporatIon or association of
property owners, when the assessment IS
made as a result of : '
a bodily injury or property demege not
excluded under Section II of this polocy,
or
b liability for an act of a director, officer
or trustee In the capacity as a director,
officer or trustee, prOVided
111 the director. officer or trustee IS
elected by the members of a corpo-
ration or aSSOCiation of property
owners, and
(21 the director, officer or trustee
serves Without. denvlng any .ncome
from the exerc.se of duties which are
solely on behalf of a corporation or
aSSOCiation of property owners
Th.s coverage applies only to lOSS assess-
ments charged against you as owner or
tenant of the residence premises
We do not cover loss assessments Charged
aglllnst you or a corporation or assoc.atlon
01 property owners by any governmental
bOdy
Regardless of the number of assessments
the Iom,t of $1 000 1$ the most we Will pay
for .oss ariSing out of
a one acCident "'l:ludong Cont""lUOU$ or
repeated exposure to substantially the
same general wmful condo lion or
b a cov..-ed act of a d..ector, olf.cer or
trustee An .et InVOlVing more INn 0I\f
O"'CIO' oH,cer or tr"st.. IS c:onStd-
.red to be . ''''Qle act
1iQ-3$O tEo 9-87,
C09~''9''t 1"1$.....11'", S",rv'cu Q'f~e ,n,: '99:
C>a~ 3 of >&
Homeowners 4
Contents Broad Form
Ed. 4.84
AGREEMENT
We will provide the IOsurance descrIbed 10 this pOlicy 10 return for the premium and compliance with all apPlicable
provIsions of this POlicy,
DEFINITIONS
In this pOlicy. "you" and "your" refer to the "named Insured" shown 10 the Declarations and the spouse If a
resident of the same household "We:' "us" and "our" refer to the Company prOViding this insurance, In addllton,
certain words and phrases 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" IOcludes trade. profeSSion or occupa,
tion
3. "Insured" means you and residents of your
household who are:
a your relatives: 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 With respect to animals or watercraft to
whICh thiS policy applies. any person or orga.
n,zat,on legally responsible for these animals
or watercraft WhIch are owned by you or any
person ,ncluded In 3a or 3b above, A person or
organization us.ng or haVing custody of these
animals or watercralt in the course of any
business or WIthout consent of the owner IS
not an Insured;
d WIth respect to any vehicle to whIch thiS
POlicy applies
(II persons whIle engaged In your employ or
that of any person Included In 3.) or 3b
above: or
(2) other peroson\ iJsmg the '.'E'hl(le en ..)n
InSured location With your consent
4. "inSUred location" me.lrs
.J H'e residence Pl'tmius;
t: th~ t':!,'irt 0' et~! rr~"m-f,>e.... nthef' stl';;\.:tiJ'~~
;}"1t1 ~~';:~un(h_ t,.:'I;;;f"J b., :wDlJJ"; ,\ reo-S'ijf:l"'t t!'" ,1~~f
f 1\ >\h,,_ ~~ :':oi "'-"'(;,t.\,.,., :"" t~ ().;t-,'i.Vj~'t>t:~ i.""!-
HO,4 Ed 484
(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 10 4a Or 4b above;
d. any part of a premIses:
(I) not owned by an insured; and
(2) where an Insured IS tempora"ly reSiding:
e vacant land, other than farm I.lnd. owned by
or rented to an insured;
land owned by or rented to an insured on
which a one or two family dwell,"g IS being
bUilt as a reSidence for an Insured;
g, IndiVidual or family cemetery plots or bur;al
vaults of an insured: or
h, any part of a premises occasionally rented to
an Insured for other than buslne" use,
5. "occurrence" means an aCCident, ,"cludlng
e'posure to conditions. whIch results, du"ng the
poilcy pe"od, to
a bodily Injury; or
b property damaCt.
6, "property dam.ce" means phYSIC,l! "'Iury to
destructlon 01, 0< loss of us", of tang,!)le property
7. "residence employee" me;,"s
d ,)n e-mpk:'l'yH of 3n 1"'\1'" who~e dutl*!\ ,1r1i"
fl?!Jtfll..l to the fH,j;nten,lf\(f' O-r u'S~ of t~ "'Ii-
dl!nt. premis.s. .n, ,,,,1,"€ ho"~,,ht)l(l '-"
(:tc;mt"S'l<': St.'h:(of'S \\r
t i;,'In'i' ,^~j~ .L"t''''~0~"~'S '};f'f'hi.,ll' tlutJ.' ~!s.~\'thil~~
"'.,t ""Iii" /" '''>, bu\inns 01 ,'It' I"sured.
C4jplt"t~t<t l~";~ir J!~, lo' i.;.+:. "., r"'!: i..'d'! f' WI. : 'fH4
..... 1 of 15
8. "residence premis.es" ~!1"ln',
.I 11\('011(> 1.IfTlI,,' (h\..'III').', l'ltll," ....'rut 'tJI..'~ .IIll!
[.r0lllH.h Of
b flut p..tr t (11 ,lilY (lttlet !llJ1IdIl1t:
\\'l1ere you rt'':tlde d~ld \\tw 11 [l, ',~ll,wrl ,J', thl! "resl.
dence premises" If) ttw D~'(i.11 ,dlotl')
"Residence premises" ,11"..-) l'lt'.lfl') d two f,1111t1y
d\'.,./i1I1!' Wlll'ft' ye'l) r~",IIJ(: If I ,II If.,,-:~,t on!' of the
LI!11dy Utltl, ,lnd \,..tll( h I':, ~.h(lwn ,','> the "residence
premises" In 11](' Df>cLlr,ltlOn<.
SECTION I-PROPERTY COVERAGES
COVERAGE C-Per50nal Property
We cover personal property owned or u'l-:d by an
insured while It IS anywhere In the world Al your
reQuest. we will cover personal properly owned by:
1. others while the property IS on the p."1 01 Ihe
residence premises occupied by an insured;
2. :, guest or a residence employee, whlie the prop-
erty IS In any residence occupied by an insured.
Our I.m't of liability lor person)l property usually
looted alan insured's reSidence. other than the resi.
dence premises. IS 10', of the hmlt olliablhty for Cov-
erage C, or $1000, whichever !S greater Per,on...1
property an a newly aCQUired pnnClpa! reSidence ~s not
sub,€'ct 10 thl~ limitation for the 30 day, trO'll the t,"'e
you lJegln to move the property there
Special limits of Liability. These limits do nol In
creJse the Coverage C limit of i1Jblllty T'he ~pecjai
limit for each numbered calegory below IS the lotl!
limit tor each loss for all property In that ".tebory
1. $200 on money. t),lnk notes huHlon. gou other
than goldware. sIlver other th,Jn sdverw.lre
platmum. com'), and med,]!s
2. $1000 on secu"t'e~, ac counl~, dt'ed~, eViden, "s
ot debt, I",lters of Cft'd,t notes (Ith", th.", ban~
notes, manusclipts, pas~ports. tickets "nd
slamps
3. $1000 on \'\.1!e'uJft J!tc1udlng th€,lf fralfe"~ fur-
n:sh,ng'S. equlpmf:.nt ..:m;-j outboard motor';
4_ $1000 on If.l,'(''~ ",',I used With w"tef"4ft
5. $1000 "'1 gra,e mafke'~
6. $1000 f:.;;t I,~".,S by th1::'H nf l~nelr)' ,^:lh::h-1:",) tu"
pt\~"'-\c..6 _~~1d "oertllp-n.'{""IOttSl 'fltone-,
7. ,~OOO h)..fi-o~'i Dy Hte~t (". f'.e,jf rn,
'0 '.:'500 L:--r-f 1:,1\\ b"i tht>tl ~.""!,:l.t='e-"\\ :\l"(~ ':,!t1;-e~ Pi..1~t;;!
~".-~..,... !c"ol'}*J~'" €0.jcj pL\!f"d ~'V~ ,lnd ;::""\-'~t:-'I
\....y'" r~''-;''';.;.h_Fho~,ht.A::V.l? ~t'..~H,:"W'A#e< ti""t?~.
't-\-..~~, ,ir"c>:j t~.~'r,h:~", t"!'-,;>.,'l~ ,..,t n' ,...,~':-t>.'d""'C ...,tv C,"
"\"'cf'1 .,,. t':~W~f<t
....tP 2 of 1'S
9. $2500 011 property on the residence premises,
used at any tllne or ill ;,ny m;'nner for any busi-
ness purpose
10. $250 on property, away from the residence
premises. u,ed at any time or In any manner for
any buslnen purpose
Property Not Covered. We do not cover:
1. Jrtlcles separalely deSCribed and speCifically
Insured In thiS or other lnsur;;nc.€';
2. .)n'm.)!~, bIrdS Or fiSh:
3. 711u~or vehicles or .:;11 other motorized land con.
\'~Y:H1Ces Th!s mc1udes
..1 eQwpment .;lnd accessones, or
b any deVice or Instrument for the transmitting,
recordillg. receiving or reproduction of sound
or pictures which is operated by power from
Ihe electncal ,ystem of motor ,ehICles or all
other motonled land convey"nces, includmg:
(I) accessones or ,mtennas: or
(21 tapes, Wiles, record~, diSCS or other me-
dia for use With any such deVice or m,
strument,
wh:ie In or upon Pre 'iehiCle or corrvcyance.
We do Co~er ,ehlcles or conveyances not subject
to motor vehIcle registrJ!lon which ,)re'
:, USI2't1 to s("rVf( e J-~ insured's reside'1c e: or
tJ dr-Signed for ;Jss;\t,rlg the h..]nijlC1PD€,d
4. airCL.lft and parh AlrOJU mecans ,lny rent'l-
v,Pl( e ~l,~<i (H (1r-'ig!~(ld f'~'f fltght elil'cept ~~Oi1ef or
hd'by ;llf t f.)ft n('t U~'"""U c,r dt"iIj,;~.:n<?,u to clrry t~.-o
ri\:.'), ('f' C ,ll go.
5. [H ':'L';\"r t)l' '.~' 'oon,i,:....' 'i. t-';~il Ji.'l<;' v1d o't'fl' tet1,,1''f.'"
~.,..~€'~t pfC'Pt?'tt~ c:, F:"\i..'rnt'rs :}r'\t1 OOa"~f'S "et,lh$C
!:' ,,'I ll\surfll;
6. l:"(X'li?t t ~ ;1] ]1'1 ,1{.'.'I!"tH'W!'! .(>fU~~tl-ty tl7'~t~;j i" f'>t'-ld
+t'f' '1?-nt:~t tr~ ,)~~.f"'~ t', .y,; in'uttd;
In,'~.l
..04 f - ~ .1 >,!.,.t
ADDITIONAL COVERAGES
1. Debris Removal. We will PilY your reJ~onable
expen~e lor the remov,,1 01.
a. deb,,~ of covered property If a Pe,,1 In~ured
Against cau~es the loss; or
b, ash. dust or particles from a volcaniC eruption
that has caused direct loss to a bUlldmg or
property contained m a building,
This expense IS Included In the limit of liability that
applies to the damaged property. II the amount to
be paid for the actual damage to the property plus
the debrIs removal expense IS more than the IIm,t
of liabIlity for the damaged property. an add"
tlonal 5% of that limIt of liabilIty IS available for
debris removal expense,
We Will also pay your reasonable expense for the
removal of fallen trees from the ~esidence premo
ises ,f;
a, coverage is not afforded under Additional
Coverages 3, Trees. Shrubs and Other Plants
for the pen' causing the loss: or
b, the tree is not covered by this policy:
prOVIded the tree damages covered property and
a Peril Insured Agamst under Coverage C causes
the tree to fall, Our IIm,t of lIab,lIty for this cover,
age W,I: not be more than $500 In the aggregate
for anyone loss,
2, Reasonable Re~i". We Will pay the reasonable
cost mcurred by you for necessary repairs made
solely to protect covered property from further
damage If a Pe"llnsured Agamst causes the loss,
Th.s coverage does not mcrease the IIm.t of liab.I,
Ity that applies to the property being repaired
3. Trees. Shrubs and Other Plants. We cover trees,
shrubs, plants or lawns. on the residence prem'
lses, for loss caused by the follow,ng Pe"ls In,
sured Against: Fire or lightning. Explos.on, R.ot or
CIVil commo\lon. Aircraft. Vehicles not owned or
operated by a reSIdent of the residence premises,
Vandalism or maliCIOUS mIschief or Theft
The limIt of liabilIty for thIS coverage WIll nct be
more than 10"1, of the IIm.t of I,abil.ty that apphes
to Coverage C. or more than $500 for anyone
tree. shrub or plant. We do not cover property
grown for busIness purposes
ThIS coverage IS add,tlonal I11sura.,ce
4. Fire o.~rtment Servlc. Char,.. We WIll pay up
to $500 fet your liabIlity assumed by cQ!'tract 0'
agreement for hre department charges ."Curred
"'",,... the hre department's called to save or prC'
tect covered property Irom a Pe,,1 Insured Agamst.
We dO not cover lire department service charges If the
property IS located Within the IIm,ts 01 the city.
mUniCipality or protection district furnishing the fire
,1ep.1ftment response
Th,s coverage IS addItional Insurance, No deductible
applie' to thIS coverage,
5. Property Removed. We insure covered property
agamst direct loss from any cause while being
removed from a prem'ses endangered by a Penl
Insured Against and for no more than 30 days
whIle removed ThiS coverage does not change
the Iomlt of liability that applies to the property
being removed,
6. Credit Card, Fund Transfer Card, Forgery and
Counterfeit Money.
We Will pay up to $500 for:
a, the legal oblogation of an Insured to pay be.
cause of the theft 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,
w,thdrawal or transfer of funds. issued to or
registered in an Insured's name:
c loss to an Insured caused by forgery or altera.
tlon 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 cred,t card or fund
transfer card:
a, by a resIdent of your household:
b, by a person who has been entrusted WIth
either type of card: or
c If an Insured has not complied WIth all terms
and condItions under whIch the cards are
Issued
AU loss resuttmg from a series of acts committed
by anyone person or ,n whIch any one ~rson IS
concer~d or ,mplicated IS considered to be one
less
We do not cover less ans.ng out ot b\Rlness use or
cjoShOMsty of an Insured.
thIS coveraee IS addltlonallnsUfance. No dtduCt.
Ihie awhes to th.s cove'aie
Pall' 4 oIl'!!
.",..",.."t~~! \"';' ",,,'~' ~""f..-,,,.,,,,,1.~.t'l" :"\~ li;f~.t
00-4 (0 484
Dl!fensl~
J We mLt! HlVL'~t,g~ltL' and ~cttlc ,HIY c1~llm or
SUIt thut we d~(j(l~ IS .1ppropn,lte. QUI dut/lo
defend a claim or SUit ends when Ule amount
we pay for the loss equals our limit 01 liabllily
b If a SUIt IS brought against an Insured for liabil.
Ity under the Credit Card or Fund Transfer
Card coverage. we will provide a defense al
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 any loss assessment charged dunng the
policy penod against you by a corporation or
association 01 property owners, ThiS only applies
when the assessment is made as a result 01 each
dlfectloss to the property. owned by all members
collectively. caused by a Pen I Insured Against
under Coverage C-Personal Property, other
than earthquake or land shock waves or tremors
belore. during or after a volcaniC eruption,
ThiS coverage applies only to loss assessments
charged against you as owner or tenant 01 the
residence premises.
We do not cover loss assessments charged a,
plnst you or a corporahon or aSSOCiation of prop'
erty owners by any governmental body
8. Collapse. We Insure lor dlfect phYSIcal loss toco.,
ered property invOlVing collapse of a bUilding or
any part 01 a bUilding caused only by one or mere
01 the follOWIng
;1 Penl'. Insured Ap,,1lfl~t trl Covera~e (----Per-
~OIlJ' Property The'Je perilS apply to covered
huddtnl~ and pf.!r'50'lJI_ property for loss m.
sured by Ihls additional coverage,
b htdden dec.JY.
c hidden Insect or verrnm dJmJge;
d weight of contents. equipment. anImals or
people:
e, weight of rain whICh collects on a roof: or
use of defective matenal or methods In con,
struction. remodeling or renovation II the col,
lapse occurs during the course of the con,
structlon. remodeling or renovation.
Loss to an awning. fence. patio. pavement. SWim,
mlng pool. underground pipe. flue. drain. cess.
pool, septic tank. foundation. retaining wall.
bulkhead. pier, wharf or dock IS not included
under Items b. c. d, e. and I unless the loss IS a
dlfect result 01 the collapse 01 a bUilding,
Collapse does not mclude settlmg. cracking.
shrinking. bulging or expanSion,
ThiS coverage does not Increase the limit of liabll.
Ity applYing to the damaged covered property,
9. Building Additions and Alterations. We cover
under Coverage C the building Improvements Or
Installations, made or acqUired at your expense,
to that part of the residence premises used
exclUSively by you, The Itmlt of liability for thiS
coverage Will not be more than 10'1, 01 the limit of
liJbillty thJt applies to Coverage C
ThIS coverJge IS Jddltlonallnsurance.
SECTION I-PERILS INSURED AGAINST
We Insure for direct phySIC.)1 100:;.1) to th~~ property
deSCribed In Coverage C caused by a peroll"ted belOW
unless the loss IS excluded In Seclion I-ExclUSions
1. Fire or lightning.
2. Windstorm or hail.
1111'; pent does not Indudt~ loss to tt'e proper t.,
(onf,Jln~d m ;j bud<1lng cJused hV LH'. sno.......
t,.leet. 'iJn1..1 or tlust ;Jf'>I~"iC; tht~ (j,ra:'('t t,)f(i:l Of w,tK1
er h,]d d<}!'t1,'lg{!S the hj-!h_~ing:: .1U'5;n~;}n Q'P~"ln? In
.1 fcot cr W..llt ,\nd th,). r.M1 'ipuw '\te'~t 'S:,:.tnd ('r
du'it ent~r'i tt1JouJ<"h tfll'i O{)€'Ping
T~,;'; ;':'.~';! mc'uoe'S> ~\~'J,\ t;} w,ltet(t,l!t )1'1.1 th~:t
tt,.l';oft<> t",o!'n!'itHf~).J" ~'(~;.)~pn~~~r\l jr',1 ;'"\i..!t"t~.lt..!
P":","''''io {~nif ~ht!.~ ,n';,.j1.. )t',.H'4 f>lk!(''''t',lt"_,,,jd,l\~'
3, hplo,ion,
4. Riot or cl~i1 commotion.
5. Aircraft, mcludmg selt,propelled miSSIles Jnd
sPdcecraft
6. Vehicles.
7, Smoke. meJn,ng sudden and .KCldental damdge
horn 'imoke
HHS p~nj (jQtE>S not lf1clude 1013$ c.lused by smOke
from ~)ftjC\..ijtu' ,11 'i-mudglt'~g Ot llidustn..ll opera.
tit')t1~
8. Vandalism or malicious mischief.
lhr., ,',er,l dt\~S not !f1cltJde iDS'i to property on the
relidence premise. ,f 'h~ d"'~H~f1g h.l\ t-t~en
" l'__t"'~ !.'r Plt'h' th"n 30, (ms.~\ Lit/V>?' dJYs lrnm~
~, '!'_~:_i L~+:n" ~h~ h"~"5,~ A th-\'t~;hng b~fng (Ot"
~,~. _1'-~\'~ ," n1_~t ':i.'rh.'vef~,:,'.1 ~J(-v't
HO.4 r , 4 ~,t
(:'.ry,+,~-" Ir,-).,," v:; t' '-\o"f" '- ~>... (H~,\.* tn, tq.,S.S
Pace 5 of 15
9. Theft, including attempted theft dnd lo~~ 01 p"';',
erty Irom d known place when It IS likely tllJt II,,,
property has been stolen,
This peTti does not Include loss caused by theft
a committed by an insured;
b, In or to a dwelling under const. uctlon, or 0f
mateTtals and supplies lor use In the Call,
structlcn ur,tll the dwelling IS Ilnlshed and
occupied; or
c. from that part of a residence premises ren:cd
by an Insured to other than an Insured.
This perri does not Include loss caused by theft
that occurs off the residence premises of:
a property while at any other reside~ce owned
by. rented to. or occupied by an Insured,
except while an Insured is temporarily liVing
there, Property of a student who 's an Insured
IS covered while at a residence away from
home if the student has been there 3t ;1ny
lime dUring the 45 days Immediately before
the loss;
b, watercraft. and their furnlshrngs. equipment
and outboard motors: or
C. trailers and campers.
10. Breakage of glass or safety glazlnl material
wh,ch .s part of a Wilding. storm door or storm
woodow, and covered as BUlld,ng Additions and
AlteratH:>ns,
This pertl does not Include loss on the residence
prpmlses If Ihe reSidence has been vacant for
nv,' :'IJn 30 consecutive days Immediately
before the loss
11 F ' . \.. ^ ' I
. alllnlobjects. '" , "!:J f\ .;,':' ...'t:' r'
This peril do05 not includtflOss to the properly
contJ,rred In the bu"dlnluril~s the roof or an out,
side wall of the WIlding IS first damaged by a fall.
Ing obl\!Ct, Damage to the falling obl\!Ct Itself IS not
1"('\J~tJ
P....ofl'
12. Weight of ice, snow or sleet wh,ch causes darn.
age to the properly conlalnl,d rn a butlulng,
13. Accidental dlscharle or overflow of water or
steam from Wllhln a plumboog. heatong. air cond',
IloOlng or automatic Itre proleclive sprrnkler ~ys'
tem or from wlth,n a household applianco;>,
nus pert' uoe~ not mcluue lOSS
a, to the system or appliance from which the
water or steam escaped:
~, caused by or resulting from freeling e1.Cl!pt d~
provided m the perri of freezmg below: or
c, on the residence premises cau~ed by accI-
dental discharge or overflow whIch occurs
away from the budding where the residence
premises IS located.
14. Sudden and accidental tearing apart, cracking.
burning or bulging of a steam or hot water heat,
Ing ~ystem. an air conditioning or automatic hre
protective sprrnkler system. or an appliance for
heating water,
TnlS penl does not 'nclude loss caused by or
suitIng from freezmg except as provided to the
.~rrl of freelmg below.
15. Freezing of a plumbIng, heating. air condl!iOOlng
or automatIc fore protectIve spnnkler system or of
a household appliance.
Tt1iS penl does nof include loss on the residence
premises whde unoccupied. unless you have used
reasonable care 10:
,1 marntaln heat In the budding: or
b, shut olf the water supply and dram the sys,
tl!m and appltances of water
" .
16. Sudden and aCcidental damig. from artificially
lener.ted iladrlcal current.
Th.s penl does not Include loss to a tube, tran.
slstor or Slmltar ele<:tronlC component,
17. Votcanlc eruption other than loss caused by
earthquake, land shOck waves Of tremor,.
\"_'1"1";:',1 I~".!f,tn"f" ~;1""~'1_F'" ,)!htv h~ 1\J~.t
HO,4 Ed 0\ 54
SECTION I-CONDITIONS
1. Insurable Interest and Limit 01 Liability. Even"
more than one person has an Insurable Interest In
the property covered. we w,lI not be liable In any
one loss:
a, to the Insured for more than the amount 01
the Insured's interest at the time of loss; or
b, for more than the applicable Iim,t of liability,
2. Your Duties Alter Loss. In case o(a loss to cov,
ered property. you must see that the following are
done:
a. give prompt notice to us or our agent:
b. notify the police in case of loss by theft:
c. notify the credit card or fund transfer card
company in case of loss under Credit Card or
Fund Transfer Card coverage;
d, (1) protect the property from further dam.
age: .
(2) make reasonable and necessary repa,rs
to protect the property; and
(3) keep an accurate record of repair ex'
penses;
e, prepare an onventory of damaged personal
property showing the quantity. descnptlon.
actual cash value and amount of loss, Attach
all bills. receipts and related documents that
lust,fy the f'gures in the inventory;
f. as often as we reasonably require:
(I) shOw the damaged property;
1'1 prOVide us w,th records and documents
we request and perm.t us to make cop,es:
and
(3) wbmlt to questions under oath and Sign
and ~wear to them;
g send to us, w,th.n 60 days after our 'equest
your Signed, SWQfn proof of loss wh.ch sets
torth. to the best of your knowledge and
belief
(11 Hw t,me and cause of lo\s.
\2 \ 1M ,nl"'~sl 01 the Insured ,lnd all others
ll' Hw ""operty ,nvolved and all liens on
the p~rty.
13\ ether msurance which m.1Y cover Ihe
I,,,,
i 4) (, ha"ieS In title or occupancy ofthe prop,
erly ""nna lhe term of tl1<! po/!CY
(5) speCIfications of damaged build,ngs and
detailed repair est,mates;
(6) the Inventory of damaged personal prop.
erty deSCribed in 2e above: '
(7) rece'pts for addlt.onal living expenses in,
curred and records that support the fair
rental value loss; and
(8) ev.dence or affldav,t that supports a claim
unC;er the Credit Card. Fund Transfer
Card. Forgery and Counterfeit Money
coverage. stating the amount and cause
of loss, .'
.,
J. Loss 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 a pair or set
we may elect to:
a, repair or replace any part to restore the pair
or set to ,ts value before the loss: or
b, pay the dlHerence between actual casli value
of the property before and after the loss,
5. Glass Replacement. loss fer damage fo glass
caused by a Peril Insured Against woll be settled on
the basis ot replacement w,th safety glaZing
matenals when reqUIred by ordinance or law,
6. Appraisal. If you and we fa,I to agree on the
amount of loss. e,ther may demand an appra,sal
of the loss In this event. each party w,lI choose a
competent appraiser w.th,n 20 days after recelv,
109 a wntten request from the other, The two
appra,sers w,lI choose an umpire, If they cannot
agr~ upon an umpire Within 15 days. you or we
may request that the choice be made by a ludge
ot a court of record ,n the state where the re.l.
dence premise. 's located, The appraisers w,lI
separately set the amount of loss, If the ap-
praisers submit a wtltten report 01 an agreement
to us. the amount "greed upon wtll be the amount
of lo~s If they fa.1 to agree. they Will submit thelf
dIfferences fo the umplfe, A decISion agreed to by
any two wtlt set the amount of lon,
(ach party WIll
a P>lY ItS own app, 3lser. and
\) b<>.'lr II1<! olher expenses of Ihe .'lppr ;llsa! and
umplf-e equally
'..-. of t~
f;~~\!'l.ht tt~';,.i".1f"'lr'<" ~~.pt"'l:~\ \)H.(r .'\;;,. l~S.&
HO-4 t,j -411"
SECTION II-EXCLUSIONS
1. Coverage E - Personal Liability and Coverage F
- Medical Payments to Others do not apply to
bodily injury or property damage:
a, which is expected or intended by the Insured;
b, arising out of business pursuIts of an Insured
or the rental or holding for rental of any part
of any premises by an Insured.
This exclUSion does not apply to;
(1)' activities which are usual to non.business
pursuIts; or
(2) the rental or holdIng for rental of an In.
sured location;
(a) on an occasional basis if used only as
a residence; . .
(b) In part for use only as a resIdence.
unless a single family untt is Intended
for use by the occupying family to
lodge more than two roomers or
boarders; or
(c) in parI. as an offlce. school. studio or
private garage;
c. ansing out of the rendering of or faIlure to
render profeSSional services:
d, arrslng out of a premIses: ,
(1) owned by an Insured;
(2) rented to an Insured; or
(3) rented to others by an In.Slued;
that IS not an Insured location;
e anSlng out of:
( 1) the ownership. maintenance. use . loadIng
or unloadIng of motor vehicles or all other
motorized land conveyances, Includlnll
trailers. owned or operated by or rented
or loaned to an Insured;
(2) the entrustment by an In,,,red of a motor
vehicle or any other motorIzed land con,
veyan.:e to any person, or
H()..4 f<1 "S4
(3) statutorrly Imposed vlcanous parental Ira,
bllrty for the actions of a child or minor
using a conveyance excluded In para.
graph (1) or (2) above
ThIS exclUSion does not apply to:
(1) a trailer not towed by or carried on a motor.
ized land conveyance.
(2) a motorized land conveyance designed
for recreational use oft public roads. not
subject to 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 handicap-
ped; or
(c) In dead storage on an In",red loca-
tion.
f, anslng out at:
(1) the ownership. maintenance. use. loading
or unloading of a watercraft descnbed
below;
(2) the entrustment by an Insured of a water,
craft descnbed below to any person: or
(3) statutorily imposed VIcarious parental Ira.
bility for the actIons of a child or mInor
uSing a watercraft described below,
Watercraft:
(1) WIth ,"boa~d or inboard.outdnve motor
po~r owned by an In"'red;
121 With Inboard or mboard,outdnve motor
power of more than 50 horsepower rent,
ed to an tnsuttd;
C"'CY'~' ''',,,'.''xe S.....r..' Olt,<.. 1'..-: 19$~
'lip U ef.I
(3) that is a sailing vessel. with or without
aUXIliary power, 26 feet or more In length
owned by or rented to an Inlured; or
(4) powered by one or more outboard motors
with more than 2S total horsepower If the
outboard motor IS owned by an Insured.
But. outboard motors of more than 2S
total horsepower are covered for the
policy period If:
(a) you acquire them prior to the policy
period and:
(i) you declare them at policy I,lcep.
tion: or
(ii) your intention to insure IS reported
to us In writing Within 4S days
after you acquire the outboard
motors:
(b) you acquire them during the policy perl'
od,
ThiS exclusion does not apply wh.le the water,
craft is stored.
g, ariSing out 01:
(I) the ownersh.p, maintenance, use, loading
or unloading 01 an alrcralt:
(2) the entrustment by an insured 01 an air'
cralt to any person: or
(3) statutonly Imposed vlcanous parental ha,
b1hty lor the actlOl1s of a child or mInor uSing
an aircraft.
An aircraft means any contrivance used or de-
Signed for IlIght. except model or hobby
aircraft not used or designed to carry people
or cargo.
h, caused directly or Indirectly by war. Inctudll1g
undeclared war. civil war. Insurrection. rebel.
lion. revolution. warlike act by a military force
or military personnel. destruction or sellure
or use lor a military purpose. and includ.ng
any consequence 01 any ot these, DIscharge
01 a nuclear weapon w.1l be dffmed a warhke
act ev~ II accIdental
hcll/stOlls d . e.. I . and lit' do not apply to bod",
injury to ill reslden<< emplo,.. a"51...,il out of and
,n the course 01 the r..ldence emplo,..', t'm,
p.oymt'nt by an In,ured.
2. COftf..,l - Petto".. t.Iall1litJ. d~1 t'Cf .)I:'f"Y
to
.1 !<ab\ht 1
(1) for your share of any loss assessment
charged against all members of an asso.
ciation. corporation or community of
property owners;
(2) under any contract or agreement. However,
this 'exclusion does not apply to wrlllen
contracts:
(a) that directly relate to the ownership,
maintenance or use of an Insured loca.
, tlon; or
(b) where the liability of others is as,
sumed by the Insured pnor to an oc.
currence;
unless excluded in (1) above or elsewhere
in this policy:
b, property damage to property owned by the
Insured;
c, property damage to property rented to. oc.
cupled or used by or in the care of the Insur.
ed. Th.s exclusion does not apply to property
damage caused by lire. smoke or explOSion:
d, bodily Injury to any person eligIble to receive
any benelits:
( t) voluntarily provided; or
(2) required to be prOVided;
by the Insured under any:
(1) workers' compensation law;
(2) non.occupational disability law: or
(3) occupationaI'disease law;
.
e, bodily Injury or property cIaml.e lor which
an Inwred under th.s policy:
(1) IS also an Insured under ill nuclear energy
lIabll.ty policy; or
(2) would be an insured under that policy but
tor the exhausbon otltS limit of liability,
A nuctear enero liability policy IS one Issued
by
(1) Amencan Nuclear Insurers:
(2) Mutual "tomic [n,.gy liability Una.r,
*"t~rs.
(3. NUClea' Insur .loce "s\OCl.1t,Qn 01 CaMd.1
or any 01 I~ Il/nenO's, or
1 bodlly I"j.." ,,, you or an Iftwm w,t",n the
mun'~lt t,t patl a ....' ~ 01 "law,"" as
~I....."
'I" 12 of IS
('t,"C\f t:.~'~ !.._".~f.~~'., (.' >""'\" i', \_~H,\ fA tr'<( 19~.
H().4 fll . 8~
3. Coverage F-Medlcal Payments to Othe". do'" c
not apply to bodily Injury:
a, to a residence employee ,f the bodily 1I11ury
(1) occurs off the Insured location; and
(2) does not anse out of or In the course Of the
residence employee's employment by an
Insured;
b, to any person eligible to receive benehts:
(1) voluntarily provided; or d
(2) reqUIred to be provided;
under any:
(I) workers' compensation law:
(2) non'occupational disability law: or
(3) occupatoonal disease law:
hom ,lilY
(1) mlflf.'lf ".1, It: tloin,
(2) nucll~.lr radl,ltl()f1: or
(3) radlOJ,tlve cont,lnllrloltlOfl
JIl whether (.ontrollcd or unc.untrolle(J 01 '!lW..
~ver cau5ecJ. or
(4) any consequonce 01 ,1ny of """0
to any person. other than a r..ldence em.
ployee of an Inlured. .egula.ly reslIJII'!.: Oil
any part 01 the Inlured lotltlon.
SECTION II-ADDITIONAL COVERAGES
We cover the lollowlng ,n addition to the /lmlts of
liability:'
1. CllIim Expenses. We p.lY
a e.penses we Incur and cosh ta.ed agaln,t .1n
Insured In any SUit we defend,
b, premiums on bonds requl/ed In a su,t we
detend. but not lor bond amounts more itkin
the lim't 01 liability tor Coverage E We n~d
not apply lor or furnish any bond
C, reasonable e.penses ,ncurred by an inlured
at our request, Including a<:tu31 loss 01 e,lrn
'"is (but not loss 01 other In(;omej up to $:'0
per day. for assisting uS In the Investllptlon or
delense of a claim or SUIt,
d Interest on the entl/e ludgment which ,tC.
crues aller ent, y of the ludgment and betore
we pay 0' tender, or dePOSit In court that prt
01 the judgment whICh d"", not e'(~ th..
limit 01 !labl"'y that app/les,
e preJudgment IntNt',t 'h~jrdt'd olg,llrl,t Ill"
inlured on that \1.:1,t of the jwgment "'" pay
If we ma.1! an offe, to p:l:l "'" ..ppll' aNe hrr",
of h.ltH1lt)' "':~ '*it! not poly ,)f'I'~' FI"P.~ttgH~v-nt tt1
t~re"t bJse-d Oil HMt f.>"'~'h)...t ot t;rn..~ ,J'h-t n~
oHe.
Fin' AkS rlP4H'M', ~'.tf *;Il 5.>.l'; t!"pe'ht~'" t,_:..t ~in,~
.1H.1 LJ -0H\t"'rs ,n" l;;H~'J b, .V'i ,n,u," Lf hed'ily
in'"ry ;::;_~~f-~,U v:t'\(~t- t~{, (,\dk'V Wi,' "dl t'd k"t
..,::, h~t 3d '0 )'(!iJ 0' "V'. I)!l-,~.,- .",..r"
2
]
!).am. to'lllIllll ofOtMn, <",.. ."I! l'l! .,' .,'
i:~i_h~rf"~'~! (.\:,'=~t ....~ l.-: S-5t.)(} t.'~ oc.C:WfflltC. ~t
pt'oPft'tJ .......... t,. C:l';,-:l-~.r-t t ,';,'t!-('f 'l-'"l"~" ~ ~'.
l'O ii'lI..tt4
..o~!! 4 1\~
{ -:.' \~, j'
.' "':'--'~ '. '
4
We Will not P,)j lor properly dllm.&e:
.1 to the t';>sh-'/lt of .lfl) anwunt rE"fO\;f"f3blt' un
de, Sertlon I of ttw~poll(V.
b (,Jut.,t11! Intt)otil'1f'hllly by an Inlured who it., 1]
ye~Jf' of .l:g... or oh.1.'>.',
C 10 P'<>r"'rl Y ,""""" trl all In lured:
d to prc.rJ:@f't, OWf~Jj hy Of ft"'ntf?'d Ie.) ten,)f,t of
dn inlured Of Ll rt!\I\tcnt In )"f.our t11J'\Js'p.nold Ct
Ii" .1f1\iU.rOt..t d
t 1) b..,ine.. 1'\"""1\
(I t ani ,j., t ~.., onHSSI(;fl iJl (()fH)e(.ftOl1 With .l
pfl"1t11'\ehj, (Jwt'lt'oi t~r'it..,d or (,on!t;.)lted bi
anln,..r.d, olll!!! 111.)11 thO! Insured locll-
tiOft; flf
']1 tfcfi' tfi\f~'\.h.p m..ttfltt'ndnfP Of ~ o-f....,
d,J.!t W.Jh'lH'f.lf' or rnotm v@hlcle, or ,j/l
dt'~f fnQh~f ':"lid ~.;ul\l (on..ey.Jl1ie",
1hl,\ ('.~ :\;\iOt1 d\~... n.." ;)t~'Y to a ml",:tol
l/l"d t)n.t fj)n'f~y;.,'tl(~ ~~~d tel'-f te(! il"
,tl;~,"U~ i;~r uH pubt~- ttl,;N'l. n(.~~ 'ub~t h;
n";.,t,,ti,'t'ht~ i~ h"f;\h ,"!~1" ..U\1;j nat owr~,.1
h .I" Inl","
tOl,A".II_n' ,..'" ""li N, up I,) $ 1000 t,), y0u'
'-.~~U' f ,r"f;' '''\t''~'i;''lfn~~ (, h,\ft"" (tvtd~tl th~
t.,,~,,-t P'~ w,i +e J',~''''~ Vj"U hy- :-. (tvP'O' .Jtooo 'Of J5'
,'. .~ t}>:''{:~''! r., {Wli~t\ *~ t-he- .;tlS;'ieJ"
ll"',{ ,';, ~"~,mfr.a-",I t"""Hlt ~~-'
Ot't......ftC-. t", *'t";" h S,~( hfWt- H ,')f t'i.'S.
~;~ _~~::L ;''1<
H e t
1 "!M,i
'11I. U of IS
b liability for each .lcl of a d"eclor, offiCer or
truslee In the capaclly as a d"eclor. officer or
Iruslee. provided:
(I) the d"ector, officer or truslee IS elecled
by the members of a corporallon or as,
soclatlon of properly owners: and
(2) the director, officer or Irustee serves w,lh.
out denvlng any Income from the e>erclse
of duties which are solely on behalf of a
corporation or association of property
owners,
Tills coverage applies only 10 loss assessments
(".)rced against you as owner or tenant of the
residence premises.
W" do not cover loss assessmenls charged against
YOIl or a corporahon or assoclalion of property
cwners by any governmental body,
Section II '-- Coverage E - Personal Llab,lity
E >cluSlon 2 a <1 ) does not apply 10 thIS coverage,
SECTION II-CONDITIONS
1. limit 01 liability. Our totalliabllily under Cover,
age E for all damages resulting from anyone oc.
currence Will not be more than Ihe limit of liability
for Coverage E as shown In the Declarations This
Iomll IS the same regardless of Ihe number of
insureds. claims made or persons Inlured.
Our total liability under Coverage F lor all medical
expense payable for bodily injury to one person
as the result at one accldenl will not be more than
the Ilm,t of liabil'ly for Coverage F as shown In the
Declaralions,
2. Severability 01 Insurance. ThlS Insurance applies
separately to each Insured. ThiS condition Will not
Increase our limit of liability for anyone O(cur-
rence.
3. Duties Alter lon.ln case of an acc.dent or O(cur-
rence. the Insured "." perform the foHow,ng
dut,es that apply You WI" help us by see,ng that
these dut,es are performed
a give wrotten notICe to us Or our agent as soon
as IS practical, which sets torth
(I) the Identity of Ihe policy and insured;
(2) reasonably available Information on the
time, place and circumstances of the
aCCident or occurrence; and
(]) names and addresses of any clJlm.lnts
and Wltness~s,
b promptly forward to us ever y not'ce a.,manLl
'Sum~s or ot~.. proce~\ r~'3tlr'lg to th~ de
cldent or OCCur",,";
c at OUr requ~st. ~lp us
(II to mJ~~ st!ttl~e"t
(21 to enforCl! any r'iN of cont',bo"h0l' 0r '"
d@:""U\it,. .le.llf'\t,."",,/ ~f\;,,"t~ or (~tfJ:'i;/J
r'OM w~ !,"\ly t<~ k!b'-e ~ 0- .]". in,u'tcI~
(3.) \~nth the' {~J\J(1 C', 'S.;:~s. .)f'\1..)~~t'-f~J h,' n
''',"S J"tj I' ,;};,
I J: ~0 ';.f'{ ...toj! ,J."""" r'v~ ~v',h'hf p t'~'.,i \"t':~ .. ",
t~,~ "Ht..f'~'...t.v'{.,. ,., ~!7'~':,,,."\
"'ac' 14 01 1'.1
d under Ihe coverage - Damage to Property of
Others - submit to us wlthlO 60 days after
the loss. a sworn statement of loss and show
Ihe damaged property, If 10 the insurl!d's
control;
e the Insured Will not, except at the insured's
own cost. voluntarily make payment. assume
oblogatlon or incur expense other than for first
aid to others at the t,me of the bodily injury.
4. Dutil!s 01 an Injured Person-Coveraee F-
Medical Payml!nts to Oth~rs.
The Inlured person or someone acting for the
IOlured person Will:
a g<ve us "ntten proof of claim. under oalh ,f
reqUlled. as soon as IS practIcaL and
b authollze us to obtalO copies of med,cal
reports and records
The Injured person will submit to a phYSical exam
by a doctor of our chOice when and as often as we
reasonably requlle,
5. Payment 01 Clalm-Coveraet F-Medical Pay_
ments to Others. Payment under th.s coveragl! IS
not an adm,sslon of Ioabll,ty by an Insurl!d or us
6. Suit Alalnst Us. No achon can be brought ag31nsl
us unless th~'e has been comp"anc~ With the
polley prO\tIS1ons
N,~ one WII! have the right to lo,n us as a party to
,)ny .jcllon ')~.ljnst .)n inSurN. Also, no actlc"
vdhrl!spt'ct to Coverag~ E can be broul;ht aga""t
uS unll' Ihe obl'€Jtl('>n of thl! insured hJS been
dt>tennlned bv f,lUIludgment or agreement s'~
t",j hy u\
7. &nkruptc, 01 an Insured, lbn"uptc~ or ,"''''
"'''''''1'':., ."t ,\1" i"""tel ~!li nd t,.tl"'Yf' U~ C', 01,:f'
("It\!;f!,\hor;Cj, v~, th11!. ~".\h("v
a, Othtt "'s"tanee - CO'Ifface r - "'_all~
bttity. Thl''i tr;u'.)N"~ i4i. e.;;.C'\\ co.!!'t "t~ ~.tt~"
.F1-.J ("~i~'H,;,.a i1'~~~ty'i~ e.~~"t tf'l\;;,.;t)r\(e' ~t,,~
.~...", ~f'.p-( iL;: ,viv ~;'l (;""\,I(I''"..u if";:"'" r,t~~,. t~~ hP'!''''i~'''
-f kl!h!"i p"!~n~~... .,.., !-,." ~'\""'<(.
. .. <.
\ I' -".
'., . -, '." ", g,." ~ .. ~' :. ;, : ..;.; t
HO Ht l~!
SECTIONS I AND II-CONDITIONS
1. Policy Period. This policy applies only to loss In
Seclion I or bodily Injury or property damage In
Section II. which occurs dunng the policy period.
2. Concealment or Fraud. We do not provide cover.
age for an insured who has:
a, Intentionally concealed or misrepresented
any material fact or circumstance; or
b, made false statements or engaged In Iraudu.
lent conduct;
relating to this insurance,
3. liberalization Clause. If we adopt a revision
which would broaden the coverage under this
policy without additional premium within 60 days
prior to or dunng the poliCy period. the broadened
coverage wiIJ immedi'ately apply to this policy,
4. Waiver or Change of Policy Provisions.
A waiver or change of a prOVISion of this polICY
must be in wnting by us to be valid, Our request
for an appraisal or examination will not waIve any
of our nghts.
5. Cancellation.
a, You may cancel this policy at any tIme by
returning It to us or by letting us know In w"t,
Ing of the date cancellalion IS to ta.e effect
b, We may cancel thIS POliCY only for the rcasons
stated below by lettIng you know In w"flOg of
the date cancellalion fakes effect ThiS em,
cellatlon notice may be deliVered to you, or
mailed to you at your mailing address shown
In the ~Iaratlons
Proof of maIling WIll be sulfoc,,~"t prool of
notIce.
(I) When you have not pa.d the P"."..IU....., W"
may cancel at any time by 'etk',," rl)\l
know at leastlOdays belore fhe '.fl'" e".
cella lion lakes ellect
(2) \V!1en thIs PQftt:.y hd,'it'f"t;'-t'I !l' t'i!j;\{ t f;'l. 1"",...\
than 60 daY'S Jndt'\ n{,~t ,1 t.~f'l,-,^,.I",\4'h u\
w~ rn.;Jy ("lr\(:~t tOf .)nlf t\"'.J'",\.q l', l~nH1~
yOU know ~it Jt;.l\t 10 (,Ll,;') t'T,f"tl' thf. ;.L,t~
C;jn(te\i_i~'(\n Lt""', ~'!t1:{ ,
,J} \\:'kf.~ th;\ ..If'o,h-t:, h,H'"- tft"tt~\ H" t tti." ! t,t (>f)
ltJ)'\ m' rh~,t@' ,'"jt ,afwf H~'",; t ,t "" .,
rf<f~W,lf Wi'tl ,.,It",,,, ~h)'f ':.:V" 1'''
(.,) i'h~t~h....l:~"mt;r".,th~f .~""""~F"il
,~.~t.t,~.-,.~ C",'" S-'_ . ,,,,t-, ;+, '''''';-'~f' t.:" ,;i\
*!;:'i."t'~_h-r. c ~,,'>.v'1/'J, '. '''>,,~-o::' ~'Ft"
l "-~
;-~': f "h~ ''''tit ,. >,... ',-~' ~ '!,~:t-"-f
~", ~, ~""~:' "ji<"- ;,:-"
H04 f . lq
TiltS em be d(}f1C by h:'1tIf1i_~ you ~now at
leJsf 30 <lJY' h,.,t",.. tI", <I.lle cJncellatlon
ta~,e~ effec I
(4) Wilen I'''' po/,,;y " ""lien lor a penod of
more Ihan ont' yC\Jr, we rtlJj l.anccl for any
rCil~on .11 ,.tmuver '),tI y by let ling you know
.II lea,1 30 d..;, 1",loI(1fhe date cancella,
lion I.).,." cited
c When ttll\ poll,- y., (;,H1(.(>lIed, the premium for
Ihe pelloO fro111111t' d,,!t! 01 c'1Il<ellalton to Ihe
(lxplf,JIIOIl d~lh~ Yoll tl~ r(~'unded pro rata,
d If 1114~ relurn prftnljUlfll~ not refunded With the
noh(f~ 0' ti:m(f~Il,)tlon or when thl\ pohcy is
,@htflwtJ to U-, Wt-~ Will tt!fund It Within a rea.
\on.1bl(' t;rll~ ,l'h~' thp d,lt~ c.Jncellalion
t ~)~(." tltft~l t
6. Non.R.n'wAI. Wf! 01.1'{ t-I,.t, t no' to renew thiS
POhf y W,-t In,,)' di,l ';0 tit i1':""Vt~'jflg to yOU. Or mail~
ln~ tn you .1i yUU' nl.-:,d,fl~~ .hJdrt"'iS ~hown ,n 'he
[).~( l.)t Jt'(~rt", \\" 'Hen flot!!, C J' le~l'l)t 30 days be-
'tHe th~ ellf!l',ltUH tl.tte of tillS P<>'ICY Proof of
rll,J1lii'lij ""Ii h'l' 'Htfth If"!'nt pr(lof of notice.
7. A..lanman!. A"'~nnl"fll ol"..s policy Will not be
v.:ilid unie~." Vtf~ t;;'t~ n\~f w,.U@n consent
8. Subroa_lIon A" Inlured ".uy W,}'ve to wntong
tit)tfo1~.t kill." ;)11' 'tlt1t\ Dt '("{'_overy agamst an)' per~
\i'l.f\ If f!(A ~.V.'t".:t Wt-":\' iti"V '~Qwr~,)n a'S.Slgnment
{'if ';i~ht\ .'If rr-~ \~;\'f"f1' ff~Jf ,l 'O~\ fO the extent that
pil,.n'~r'" .'") n1.J:'~ by 'i~\
H ..11i ,1\s.'~:nHH<r1t I~ \il\jf~hf. ~'tn Insured must sign
and t.h}1t'5'r'r-lil r""L,ttf'J J-:qptlrs \lt1d cooperate With
U~
~wt'tn("hJf! dl._~t~' Hot ~)Ppt~ under Sectton II to
M~;J;i .:.1 P,J-yftlf'-nh h.'l. Othe,s. Of Damage to Prop-
(lOtt" ..f OHli.~t\
I. o.."t. II .l"V IW' ',0" n.lrt1",d In Ihe Deel..' allons
'JI the 'l;'(H;~~ ~t ~l '~l_4t.,:I1ltO' th~ \am-e hou\ehold.
~hf+~
, ,." """..' t/... i<'j(,.>l r""""'<;I'''f.lt,ve Of the ~,
" p,t;~\{t t~_;:t (~)h, With ff'~t to the ~tWS
~V"';.' P'(~::'1l~tw "." the- ~e.,J~d e.~~rN under
th." t>l:ht 'I- J-. H'\:4Ii" '~f""~ of (jp.3th,
~. ."W," "if'h; h,;,1E'"
! 1 i T!~f \;l'.'(m,,;t~t ~).. loot hovW'hohJ VJt'\o 1-\ an
.......!!"e !i....'" "I y,...." <:lot.)I". but only
I!t}i,~!~ "t !'P'i>h,W~t of t~ ~. .,....
iWt.; ,1f~J
i :'; ..\t~ hf't~t ~';'l: ,-t'\P" ~ftt._ t~pto,..\(lIft
"'>.n:;;f'~ t.)!\,\:~' !~~.).t~ :(w$rody ~t t~
; ':.'i~frlf '.i'~-:~l-'{.~w"r""\~1.lf\\} q1J-..ti~~'\:.1
L..-'<- --'''"r;t t:' rr-f...~.,O?'''t ltc\o-tl
-...-1
~ ~ f
'.... IS of IS
Gv\ GENERAL
\ ACCIDENT
INSURANCE
ENDORSEMENT
Personal Property
Replacement Cost Endorsement
The proVl~ion~ oi Ih,s pok} applicable 10 Coverage C-Umcheduled Per-ol'.,1 Property and any Scheduled Personal
Property Endor~ement whIch is a part of this polic}' are amendl'd a~ follow"
A The term -Replacement Cosl" IS substlluled for -Aclual Cash Value",
6, Provl~Ions .'ppllCable 10 Replacemenl Cost Coverage:
1, Definition: 'Replacement COSI" means the cost. at Ihe time of loss. of a new article identical to the one damaged.
de,tro}ed or slolen, When Ihe identical article .s no longer m""ui,lclured or is not available, replacemenl cost shall
mean the co~t of a new artICle slm.lar to that damaged, de,trowd or stolen and which is of comparable quality
and usefulne~s,
2, Cluification of Certain Property: The follOWing property IS Included Within the coverage provided. whether or not
attached to the budding:
a outdoor radIO and tele,'sion antennas and aerials
b carpeting
c. awnings
d, domestiC appliance, and outdoor equipment
3 Na~ Insurftl Option: The na1T\l'd Insured Olav el<'(t to dISregard lhe replacement cost coverage condItion oj th,s
endorsement In making claim. but such el<'(hon ~hall not preJudICe the named Itlsured', fight to make further claim
WlthTO 180 davs airer loss jor any addltionalliablhty brought ,)bout by Ih" endorsement.
~ Property hdudftl:
d Anhque", F IflP Art\, Patntmfri, \tJtu.Jn Jnd "lrrHI~lf Mtlllt'\ I"hlt h th rht.'f Inherent ndture. Cdnnot be replJ(ed
\.\ lth f1e'\'\ articles
b-\"1( It>~ "ho~e dge or "."tor\! (onrnbure "ut"tdt'ltIJIi, h) th""ti \,t(llt' In(!udlnJt but not limited to. M~morabll!J
';t)U\f'nlr'! and COI1t"('tf)('~ Item,
5 Othn IftlrKliom or Umiltltiont To (0Wf'~.t':
,1 Cn\t'rJ~W ~.pptl(", onh. to puJPt'rfy "hn:h h.h 1)(~'H m..tHi'fJ,Pt'll m r.:ond .lnd "1)f'k.JhJ~ l Ofldttlon dnd whlth f\ ....ln~
11""'1f O( ,lorf,"tj tUf u~ b" lht' tn'\u(t"l1
h (O\t"f,littl .appbt"o onh' dHt'r ttw {tdrn~'llt..f (14' .tp..H-4}'\o+",t .,lh'f~"h nd" ~\l tl.1.llh b("t~ 't1),)lrt'ti Of n~d(ed by
thtfi HhUrt.tj
fhl, (OtllPMh '., t t.1htltf\ tur 1n...... "h.)H ,-..ot ""\i t"""f the ...m.lH,....t 01 t~~. fnUH\\,tn~
,. Pw {ultrt q' tl.10tlth nl !hI" pella \- ,lpph .thh' h~ !~'lt,~ t11;-n.t~t"t! Itt t.!t'....t'-\:r\,ni ;lrll.r-"fh
.~ th.., "'1:;.1," t'n1t't1t i.tl--! ut tfw J.lfnpefh I~t .\H\- P,tH '~'~f'!d
n..- .t"l..i~~nl." hhl1h. .u,,' !M, ,.......,ph ",P"l~t h.. !ht" <~~"h't"j ,n 't'T\,br!~l': lOf ".-phi H'\i tt..' p~'it"'rh ~lt .'U'"
p.3rt ~~1I 'f,:'t >t
'-,-.{ q t \\ ,\t-"p,pn ~ hj; \'fi.lt....'fh \,\ho-t h ,.. t"~ h.tt~",ij" "d tJ-,h ~t'p';'h' ,,~\."l;~ t ".t P"1 !\"n..;' h~,.;! V\hH h \\-Oi..ft,t h.. nt~~\~.
,..., ,< t...~ !\,\ !..~, t* tlH \ rt"t-.j<- i-,. tn.' t'of ~t.t \ \l '.d) t ,j'.;" \ ,: j.~,:i' I ':fl. '\:"'F~,n" ~.... t~~,. !~....~h,..1 ~d b, l.... tPl i~f'~') ~1t:~;{=\ ,-.t~"
; -, \, 'C". "", ..t;".t l~, tH", h." t " ' !h.." ~'.P"t,.',~' } ;,~ -i.,. ~,~ -'" ,\ ' ),\. ;''"', "\ .~"f 'l"!!t-.. ~h\, t tl r', \ ~\ 'J~."
:\'
NEWLY ACQUIRED PROPERTY- Jewelry, Furs,
Cameras and Musical Instruments Only
We cover newly acquIred property of a class of prop-
erty already Insured The lesser of the following limits
applies:
1, 25% of the amount of insurance for that class of
property: or
2 $10.000,
When you acqUire new property you must:
1, report these objects to us within 30 days: and
2, pay the additional premium from the date ac,
qUlred,
NEWLY ACQUIRED FINE ARTS
When Fine Arts are scheduled, we cover objects of art
acqUired dUring the policy period for the" actual cash
value, However. we will pay no more than 25% of the
amount of insurance for fine arts scheduled, For cov-
erage to apply for newly acqUired fine arts you must:
1, report these objects to us within 90 d"ys: and
2, pay the additional premium from the date ac,
quired,
PERILS INSURED AGAINST
We Insure against risks of direct loss to property
desCrIbed only If that loss IS a phYSical loss to prop,
erty: however. we do not Insure loss caused by any of
the following ,
1, Wear and tear. gradual deterioration or Inherent
vIce;
2 Insects or vermin
3 War, including the follOWing and any conse-
quence at any of the tollowlng'
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 mll,ta, y
purpose
Discharge of .. nuclear "'eapon w,lI be ~ed a
W..ltllke:let e.~n If .l(CI,~ntal
4 NuClear ~bla'" to the e.tent set forth '" the
NU(!~.)f ~i.ll,y>j Cl'l..;\t;" ot $;!(tIOO 1 .- Condth('W'l\
5 11 F If,*, Art'\ <Jt~ (~fl'fi!'d
a. repa"lng. r~storatlon or retouching process:
b, breakage of art glass Windows. glassware.
statuary. marble. bnc,a,brac. porcelainS and
SImilar fragile articles. We cover loss by
breakage If caused by:
(1) fire or lightning:
(2) explOSion. aircraft or ColliSion:
(3) Windstorm. earthquake or flood:
(4) maliCIOUS damage or theft:
(5) derailment or overturn of a conveyance,
We do not Insure loss. from any cause. to prop-
erty on exhibition at fair grounds or premises of
national or In'ernat,onal expositions unless the
premises are covered by thiS policy,
6. If Postage Stamps or Rare and Current COins col-
lections are covered:
a. fading. creasing. denting. scratching. teanng
or thinning:
b. transfer of colors. Inherent defect. damp-
ness. extremes ot temperature. or deprecia-
tion:
c. being handled or worked on:
d, the disappearance of individual stamps.
cOins or other articles unless the Item IS:
(1) deSCribed and scheduled With a speCIfic
amount of Insurance: or
(2) mounted In a volume and the page It IS
attached to IS also lost:
e, shipping by mall other than regIStered mall:
or
f, theft from any unattended automobile unless
being shipped as registered mall,
We do not Insure loss. from any cause. to prop-
erty:
a In the custody of transportation companies:
or
b not plrt of a stamp or COin collection
TERRITORtAlllMlTS
We cove' the prcper'~ descnbed worldWide How,
ever, Fine Art. are cove,..d only Within the Un'tt'd
States and Canad.l
melAl PROVISIONS
1 ft~ Arh "fiX; 3f,"'~ !h,lt t~ (o'te"~d pt~,.ty
""'Iii toP h....r'b.Ht.'J hy (:'.)ml~ttf":t p..lfket\
'" "'~".'t.I-' \.'....ij. '.'1; ... t;.p, \0' ;-1"'" ~ !"'.. ,~ 1 'lll..'_l
HO-61 Irj 4Mi
Pac- 2 0' 3
2 Goller's EqUq)rlh'qt :ncludc::, your oll\l;r (lolhH\;~
while contd!f1ed If I ;} lod..er when you .Jr'~ pl.llllle
golf _ We cbvergoH b.llls for loss by fire or tJurgLJri
provided there are vIsible marks of forcIble I~ntry
Into the budding, room Or locker
3 Postage Stamps Includes the folloWIIlg owned by
or In the custody or control of the Insured:
.J due. envelope. OftKI:jl. revenue. n1dtch and
mediCine stamps
b Covers. IOCJI5. reprmts. eS,:)dYs. prools ')fll.l
other philatelic property, or
C bookS. pJgcs Jnd mountIngs of Items In .)
and b
4, Rare and Current COinS Includes the followiIlg
owned by Or In custody or control of ttle insured:
a medals, paper money, bank notes,
b, tokens of money and other numismatic prop,
erty: or
C. com albums. containers. frames, cards and
display cab.nets In use w.th such collection
CONDITIONS
I Loss Clause The amount of ,nsurance under this
endorsement Will not be reduced except tor .J
total loss of a scheduled article We Will retund the
unearned premium applicable to such article
after the loss or you may apply It to the premium
due for the replacement of the SCheduled jrl,ele
2 Loss Sett!ement Cewered prcp.;>rl y loss." Jre
settled as foilows
a Fine Ans . We wlll pay the .)mount shown for
each scheduled article \\hl[h lS 3gr€'e(~ to be
the ....alue of the ortlc!e
In case of loss to.J pair cr set \'IIe Jgree to pay
you the full Jmou!\t 01 tl,e set.1S shown ,n the
schedule .In,j ,cu ,)grt-fl' to ')urr~'ider tht~
remalnmg Jr tlcle or .}r t:clt'S Of th~ set to us.
b. POSTAGE STAMPS OR RARE AND CUR.
RENT COIN COLLECTION-IN CASE OF
LOSS TO ANY SCHEDULED ITEM. THE A.
MOUNT TO BE PAID WILL BE DETERMINED
IN ACCORDANCE WITH PARAGRAPH 2e.
OTHER PROPERTY.
WHEN COINS OR STAMPS ARE COVERED
ON A BlANIIET BASIS. WE WtLL PA't THE
CASH MARIIET VALUE AT TIME Of LOSS
BUT NOT MORE THAN 51.000 ON ANY
UNSCHEDULED COIN COLLECTION NOR
MORE THAN 5250 FOR ANY ONE STAMP.
COIN OR INDIVIDUAL ARTIClE OR ANY
ONE PAIR. STRIP. BLOC..., URIlS SHUT.
COVER. fRAME Oft CARD
WE WilL NOT PAY A GREATER PROPOR.
TION OF ANY LOS!;, ON BLANKET PROp.
ERTY THAN THE AMOUNT INSURED ON
BLANKET PROPERTY BEARS TO THE CASH
MARKET VALUE AT TIME OF LOSS.
e. OTHER PROPERTY-THE VALUE OF THE
PROPERTY INSURED IS NOT AGREED up.
ON BUT WILL BE ASCERTAINED AT THE
TIME OF LOSS OR DAMAGE. WE WILL NOT
PAY MORE THAN THE LEAST OF THE FOL.
LOWING AMOUNTS:
(1) THE ACTUAL CASH VALUE OF THE
PROPERTY AT THE TIME OF LOSS OR
DAMAGE;
(2) THE AMOUNT FOR WHICH YOU COULD
REASONABLY BE EXPECTED TO HAVE
THE PROPERTY REPAIRED TO ITS CON.
DITION IMMEDIA TEL Y PRIOR TO LOSS;
(3) THE AMOUNT FOR WHICH YOU COULD
REASONABLY BE EXPECTED TO RE.
PLACE THE ARTICLE WITH ONE SUB.
STANTIAllY IDENTICAL TO THE ARTI.
ClE LOST OR DAMAGED; OR
(4) THE AMOUNT OF INSURANCE.
3. PAIR. SET OR PARTS OTHER THAN FINE ARTS:
a. 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 RE.
STORE THE PAIR OR SET TO ITS VALUE
BEFORE THE lOSS; OR
(2) PAY THE DIFFERENCE BETWEEN AC.
TUAl CASH VALUE OF THE PROPERTY
BEFORE AND AFTER THE LOSS.
b. PARTS
IN CASE Of A LOSS TO ANY PART Of COV.
ERED PROPERTY, CONSISTING OF SEV.
ERAl PARTS WHEN COMPLETE. WE WILL
PA Y fOR THE VALUE OF THE PART LOST OR
DAMAGED.
1-10-61" . ~ ',1
p.~ 1 of 1
':i.
G^\,
Special
Provisions
GE:-':ERAl.
AcCIDENT
INSURt\~CE
Seclion I . Property Coverages
In all Forms and in Endonemenl HO.350, under Addilional Coverages, ilem 1 Debris Removal
is deleted and the following substiluted:
1. Debris Removal
A, We will pay y'Our reasonable e'pense for Ihe removal oi:
(\) debris of covered property if a Peril Insured AgainS! Ihat applies 1'0 the damaged
property causes Ihe loss; or
(2) ash. dust or particles from a volcanic eruptian that has caused direct loss to a
building or property contained in a building,
This e'pense is included in the limit of liability that applies to the damaged property,
If the amount to be paid for the actual damage to Ihe property plus Ihe debris removal
expense is more than the IImil of IIabiliiy for the damaged property. an addilional 5%
of Ihat limit of liability is available for debris remaval e'pense.
B. (1) If the circumstances of a loss meel those specified in (2) below. we will pay your
reasonable e'pense, up to $500 in the aggregale. for the removal from the
residmce premi~ of:
a. your treels) felled by the peril of Windstorm or H.lil;
b. your treels) felled by the peril of Weight of Ice. Snow or Sleet (Forms H0-2.
HO-l HO-I and H0-6 onlyl;
c. a neighbor's tree(sl felled by a f>t>ril Insured Against under Coverage C.
(2) Tree removal cO\~age as described in Rill above applies only if:
... the tree damages a structure cO\ered under thIS policy; or
h Windstorm or Ha.1 or We'ght 01 Ice. Snaw or Sleet caused damage to a struc-
ture cO\t'ted under Ihs pollev and the policy and the Pennsylvania GO\'t'rnar
declares the areas in which the residence premiese is located to be a disaster
area as a result of such weather condItions,
Section t . Conditiom
Under Cond'l1on ] Um Sfttlflnent. item bl1l IS deleted and replaced by the followingJ
b. Buildings under Coverage A or B at replacement cost without deduction for
depreoatlon. subject to the folio" inS.
m II, at !he time of loss, tt><> amount of .murane" in this poliqr on the
dama~ bulld.ng " (10', Of mOfe of lhe full repla~'t'ment cost oi !he
bulldms .mm<<hawl, b;oiore tht- 10", we will M the cast to r"Poli. or
.epl.Ke. altEot appltcat.on at dl'duc1.ble and ",thout d('ductlOn for
deprt'( 'atlOft. but not mOte than the least of the follow.ng amounts:
(oll !he IUt'l,t ot hab<hll und", ,I-" pohn th.lt appl"", to !he buIlding;
lhl tht> ll'pl;)(f'mO'nl (1)',1 Of m.lt p.I~ f~' the hulWlf'l1l damaP'd; or
IU "'" """ll"'dt\ .1"""'''' ...'I"..H) '.""" 10 '''1'\01'' or ~ lhto d~
bulld"'ll
P.lll'l" I 0< 1
H\:HM I' "'._'-
~'o.i.. ,'l.'-.., ~,~ 1
The replJcement cost will not ('\(("l"llthJl ne'e"Jf)' lor like construction and use
on the SJme premISes; regJrdl..s> 01 whelher Ihe replacement bUlld"'g or repaIred
building is localed on Ihe same or a dirterent premises,
Section " . Liability co~erages
In Endorsemenl HO.350. olem 1 under Coverage E . Personal liabililY i. deleted,
Under Co~erage F . Medical Payments to Others:
Medical "'pense. do not ",c1ude expenses for funeral service..
Section I and" Condition.
5, Cancellalion, Paragraph b is deleled and the following subslituted:
b. \\\? may cancel thIS poliey only for the rea.ons .tated below by notifying the insured
in writing of the dale cancellatIon takes effect, Thi. cancellation notice may be
delivered to or mailed to the insured named in Ihe Declaration. at the mailing add res.
.hown in the policy or at the forwarding add res.,
Proof of mailing "ill be .ufiicient proof of notice.
III When this policy has been", efiect for less than 60 days and i. not a renewal
with u., we may cancel for any reason by notIfying the insured named in the
Declaralions at least 30 days befort> the cancellation take. efiect,
(2) Whffl thIS polil)' has been in effect for 60 d.ws or more, or at any time if it i. a
rt>newal WIth u., we may cancel only for one or more of the following rea.on. by
notifying the insuml named '" the Declarations at lea.t 30 days pnor to Ihe pro-
po.ed cancellallon date:
(al thIS polic\' was obla",ed through matenal misrepre.entalion, fraudulenl
Slalements, omission. or concealment of tact material 10 Ihe acceptance of Ihe
ri.k or to the hazard assumed bv u.;
(h) mere has been a .ubstanlial change or "'crease in hazard in Ihe ri.k assumed
III u. .ubsequt'nt to me date the poltey "a. issued;
IC) there.. a subs:anllal "'cre_ in hazard. In.ured against by rea.on of wil:ful or
negligent acts or om..sions Ill, the insured;
(ell the insuml has faIled to pay the prt>mlum by Ihe due date. wh~r payable 10
u. or to our agent or under am' I"'ance or credit plan; or
leI for am "tNor reason appro-ed bv lhe Penn.yl~ania In.urance Commi.Sloner.
Thos provi.ion .hall net appl) it the named insured has demonslral1!d by some <M!rt actIOn to
u. or to our agpnl that the imured "i.hes the polley 10 be cancelled.
Deh~ of .uch "linen netIC)' by us to the insuml n.tmed in lhe DeclarallOn. at the mailIng
address shown In the poll('\" or at a forwarding address .hall be eQutl>iVlmt to maIling,
6. lIIon-I_al" delett'd and 10110\\ "'g ,ub<;lItutl.'d
6. IIIon-I-..aI. \~ "," not tall 10 reno'\' th,s polK) E"C('pI lor one 01 th" reasam re~"ed
to In the Ca",,,lIalo",, """IS"'" oi th.. E'ndor...",..." \.... Olav r",U>t' to _, lor ~ oi
the I..red rea>OR<> III ",,,,,hng 10 IhE' in_ed naml.'d ,n the [)e(L.Iraho." a.1 the mailIng ad,
drt'!'s .h<mn In !hE' rooJlC' "' at a. "",'...u,n~ add....." \"'~ not><:.. olllea,l 30 tl...., p"o'
to the "'p"al'()l1 dall' or th" poll",
Th" pn"I'"", ,joe., 001 "l'P' "
w "'.. ""'.. ,n..!><:Jl",j ')<;' ",ihn~"..', l<.' """'" ..ntl lNo m-orcI ha, ..,led to M lh<>
~u", b\ lh<> <1.... d..",: or
PJ~JoI}
...u._ t., 441 'Illl J ti,L.....
t!t'l.-'l,'... \4-\
~ -', 1
, j
, : r'"
(~'-,.
7/'tmta,. 7/'Omtl, & Jfaj,r
;;fu......,. aI J'.-
~, _t. ,_t uatn
- 0 100 ...
M.M.,..., N. IftOe-
CHERYL J. HORNE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
'IS. ) CIVIL ACTION - LAW
)
GENERAL ACCIDENT INSURANCE ) NO. 97.3869 CIVIL TERM
COMPANY, )
Defendant ) JURY TRIAL DEMANDED
REPLY TO DEFENDANT'S NEW MATTtB
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following mply to Defendant's New Matter:
13. Denied. Plaintiff's claim is not barred by the policy of insurance.
14. Denied. Coverage for the loss is not barred or limited by the provisions of
Section I, Coverage C.
15. Denied. Plaintiff's claim is not barred by Section I, Coverage C to the extent
claimed by Defendant.
16. Denied. Plaintiff's claim is not barred by any neglect on her part or by any of
the exclusions in the policy.
17. Denied. The loss was not an intentional/oss and Plaintiff's claim is not
barred by the policy as such.
18. Denied. More than one person does not have an insurable interest in the
property Insured and Plalntiff's claim 15 not barred as a result.
19. Denied. Plaintiff gave as prompt notice as she could once she was aware of ..
the continued existence of the pohcy
i:
Ii
II
Ii
Ii
,i
i!
Ii
II
I.
I
I
i
i
"
\1 policy unless Plaintiff recovers coverage from another insurance policy, in which case
\1
Ii
II
'i
\1
H
\I
~ 1
"
\:
"
i\
20.
Denied. Plaintiff's claims are not barred by conditions "3' of the policy.
21.
Denied. Plaintiff's claims are not barred or reduced by conditions "7' of the
Plaintiff will give Defendant full credit against the amount she recovers from the
Defendant.
22.
Denied. Plaintiff has attempted to comply with the provisions of the policy
and the Defendant did not provide notice as to whether Defendant would pay under the
\1 provisions of the policy or not within one year after the date of loss. In addition, Plaintiff
q
l\
Ii available, or should be available, under the policy.
: ~
;;
Denied. Plaintiff did not misrepresent any material fact or circumstances,
23,
did not make false statements or did not engage in fraudulent conduct and none of those
! matters bar her claim.
! 24. Denied. Plaintiff did not intentionally conceal or misrepresent any material
fact, did not engage in fraudulent conduct, and did not make a false statement revealing
to the insurance and her claim is not barred as a result.
25. Denied. Plaintiff's claims are not barred or reduced because of a statute of
limitations or any time limitations. in the policy or elsewhere.
26. Denied for the reasons set forth in Paragraph 24 above.
27. Denied. Piaintiff's claims are not barred or reduced beCaUse the Iou did not
re$Ult from a theft or a theft by SOmtOne other than an insured.
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CHERYL J. HORNE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
GENERAL ACCIDENT INSURANCE
COMPANY,
Defendant
NO. 97-3869 CIVIL TERM
JURY TRIAL DEMANDED
AFFIDAVIT
AND NOW comes Cheryl J. Horne. being duly sworn according to law, deposes and
says the following:
1. She is the Plaintiff in the above,captioned matter.
2. In January of 1996 she purchased a policy of insurance from Lititz Mutual
Insurance Company through the Shiner Insurance Agency. As part of that application
process she was advised by a representative of the Shiner Insurance Agency that he would
cancel the policy of insurance issued to her by the Defendant in this matter.
3. Following her loss and her application for payment to Lititz Mutual Insurance
Company, Plaintiff was informed by representatives of Lititz that the policy originally issued
by Defendant to Plaintiff was still in effect.
4. Plaintiff believed that she could not file an application for benefits under both
policies and believed that the policy issued by the Defendant in this matter had been
canceled. Moreover, Plaintiff believed. until September of 1996, that she would be acting in
bad faith if she sought benefits under both the policy issued by lititz Mutual and the policy
issued by the Defendant in this action,
5. In September of 1996. Plalntlll learned that litltz would not honor her policy, In
part because it contended that the pohcy ISSued to PlalOuff by Defendant was s\ill in effect,
At that POint Plamllll flied an appltcalton for payment under the potlCY ISSued to her by
De 1 endant .
6 After she lllltlated her application to Defendant. she did everything requested of
hll'f bv Oelend<\Ot to anlst them In processing the application H$r acltons Included
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Pennsylvania.' Defendanl is (ieneral Accident Insurance Company (<lAIC). a business
corporation with an olliee at IOU Corporale Center. Camp "ill. Cumberland County,
Pennsylvania.: Plaintill' Ilome commenced this action against Defendant GAIC on July 17.
1997 by tiling a praecipe for writ of summons. Plaintill' tiled a complaint on October 17.
1997. Delendant filed an answer with new mailer on I >Ccember 5. 1997. and Plaintilr s reply
to Defendant's new mailer was fill'll on June 17. 1998. On March 20. 1998. Defendant tiled
a motion lor summaf)' judgment. which is presently before the court. Additionally. an
allidavit ofl)laintiIThas bI.-en tiled of record.
On or about JanllUl')' 29. 1996. $54.740.00 worth ofj\.'\\c1f) and computer equipment
were allegedly stolen from the home of Plaintill', Chef) I J. (Iome. I Th\.'SC it\.'Ills were. at that
time. insured under a homcm\ner's policy purc~-d by the Plaintin' from GAIl'. according
to the complainl.~ One of the tcnns of the polky was a contral:tuallimitation of actions
provisi(ID. I:ontained in Section I . Conditions of the I:ootract:
8. Suit Against Us. No action can be bmught unless the policy
pmvisions have bI.'eIl complied \\ ith and the actilID is started
~ithin one year aner the date of loss.'
, Plailltilrs Complaillt, Paragraph 1; Plaintiffs t\llida\it Paragraph I.
: P1aintitrs Complaint. ~ 1.llI:lftldanfs ""s~er. Paragraph 2.
I P1aintitrs('omplaint. ~s4, 10.
· Plaintitrs ('olflplaint. I"~ ~,
. Plaintiffs Comrlaint. J>aravarb ~; IlI:lffl1anfs ,\m;"er and~. Malter, hhihil A,
,
Plaintil1's allidavit states that. shortly bcfl)re the alleged theft. she had contracted to
purchase a new insurance policy from 1.ititz Mutual Insurance Company (1.ititz)." The agent
from which the PlaintifT purchased the 1.ititz policy allegedly infonned Plaintifl' that his
agent would contact GAIC in order to cancel the Plaintin's preexisting homeowner's policy
with GAIC.7 The aforementioned agent allegcdly never took such action and the GAIC
policy's coverage continued, according to Plaintifl's allidavit." After the alleged theft.
PlaintilTfiled a claim with 1.itill~ which was denied: According to Plaintifl's allidavit.the
stated reason for the denial was Plaintill's continuing coverage under the GAle policy.'O
Plaintin's allidavit indicates that she then liIed a claim with GAIC in September of
1996." Plaintin's allidavit asserts that she cooperated with Defendant in the processing of
the claim. including her submission of two sworn statements to GAle's represcntati\"L'S on
November 18. 1996 and Januall 3, 1997.11 After the passage of one year from the alleged
incid~-nt ofthellthe Defendant continued to deal with the PlaintitT in processing her claim.
Defendant's actions. according to the Plaintilrs allidavit. included a lelter from Dcli.-ndant's
· Plaintiffs Complaint. Paragraph 7; Plaintilfs Amdnit Paragraph 1.
7 Plaintiffs Complaint. Paragraph 6: Plaintitfs Amda\it. Paragraph 1.
· Plaintiffs Complaint. I'aragraph 8.
· Plaintitl.s Complaint.I'aragraph 7; Plaintitl's Amda\ it. l'aragraph 5.
I<> Plaintil1's Complaint. P~'flIph X; I'laintitfs Allida\it. PafiIt.>raph 5.
11 l'laintin's Alrld,l\il. ~raph 5.
I~ Plaintitl.s Alrk!l1\it.I'aral!.rarh 6.
~
V. Morrissey. _ I'a. Commw. __' 651 A.2d 632, 637 (1994) (citations omitted).
"Equitable estoppel. a doclrine (of fundamcntal faimess.( acts to preclude one Irom doing
an act dilferent than the manner in which another was induced by word or deed to expect:'
litelli v. Dermatology Eell/c. AIICI Research FOl/nd., 534 I'a. 360. 370. 633 A.2d 134. 139
(1993).
"In order for the doctrine of estoppel to be applied in bar of a statute of limitations
defense. fraud or concealment must necessarily be established. Ilowever. this docs not mean
fraud in the strictest sense encompassing an intent to deceive. but rather Imud in the broadest
sense which includes an unintentional deception. It is not the intention of the party estopped
but the natural efli:ct upon the other party which gives vitality to an estoppe1." Nesbitt v. Erie
Coach Co,. 416 Pa. 89.96,204 A.2d 473.476 (1964)(citations omitted). Whether a pal1y
has justi fiabl)' relied on another's actions is an issue of fact. See Carpenter and Carpenter
v. City of Johnstown. 1461'a. Commw. 274. 605 A.2d 456. appeClI dellied ,_ Pa. _' 613
A.2d 1210(1992),
AI'PI.IC ATlON Of LAW TO FACTS
In the case sub judice. the l'laintin' commenced the action more than one year after
the date of loss. Under the abO\e-cited law. the burden is upon the PlaintilTto provide a
factual basis to support a finding of \\aher or estoppel to a\'oid the conS\.'\)ucll\."CS of the
policy's limitations clause.
Vie\\ ing the R.'Cllro in a light most la\ orable to the I'lainti 11 the \'tlUl't belicws that
7
summary judgmcnt is inappropriatc in this case. A factual dispute cxists hcrein as to whcther
the actions of Defendant GAIC constitutcd a waiver. apparent waiver or such othcr behavior
as would induce a reasonable person to inaction. Sinee this court believes that this is not a
case in which Defendant's right to summary judgmcnt is clear and frcc from doubt at this
time, the following Order will be entered:
ORDER OF COURT
AND NOW, this 7th day of August, 1998, after careful consideration of the motion
for summary judgment filed on behalf of Defendant General Accident Insurance Company.
and for the reasons stated in the accompanying opinion. Defendant's motion for summary
judgment is DENIED.
BY TIlE COURT.
sf J. Wesley Oler. Jr.
J. Wesle)' Oler, Jr.. J,
Samuel L. Andes. Esq.
525 North 12th Street
Lemoyne. PA 17043
Attorney for Plaintiff
Douglas B. Mara:Uo. Esq.
305 North Front Street
Post OlT1Ce Bo., 999
lIarrisburg. P A I7l 01-0999
Attorney for l>cfmdant
.
CHERYL J. HORNE. ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
vs, )
) CIVIL ACTION - LAW
GENERAL ACCIDENT INSURANCE )
COMPANY. ) NO. 97-3869 CIVIL TERM
Defendant )
ORDER
AND NOW this ~ day of 1~ . 1999. argument is hereby
scheduled on Plaintiff's Motion to Compel. to be held before the undersigned. in Court
Room No. I
of the Cumberland Counly Courthouse in Carlisle, Pennsylvanlo.
commencingat....L.Ot' O'cIOCk-l!-.m.on 7Jimd7the -X1~
day of
C'M'ru r
1999.
BY THE COURT.
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CHERYL J. HORNE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
V5. )
) CIVIL ACTION - LAW
GENERAL ACCIDENT INSURANCE )
COMPANY, ) NO. 97-3869 CIVIL TERM
Defendant )
PLAINTIFF'S INTERROGATORIES TO DEFENDANT - FIRST SET
TO: General Accident Insurance
C/o Douglas B. Marcello, Esquire
305 North Front Street
Harrisburg, PA 17108-0999
PLEASE TAKE NOTICE that you are required, pursuant to Pa. R,C.P. 3253, to file the
original with the Court and serve a copy on the undersigned, of your Answers to the within
Interrogatories'within twenty (20) days after service of same. Each Interrogatory shall be
answered fully and completely,.in writing and under oath. If there is insufficient space to
answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet.
These Interrogatories shall be continuing In nature. If, at any time subsequent to the
filing of your original answers, you or anyone acting on your behalf should leam or be made
aware of additional information requested but not contained In your original answers, then
you shall promptly file a Supplemental Answer containing the same.
.y~-~
Sam e . Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th StrMt
Lemovne, PA 17043
(111) 761-5361
II
CHERYL J. HORNE,
Plaintiff
Defendant
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3869 CIVIL TERM
vs.
GENERAL ACCIDENT INSURANCE
COMPANY,
REOUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: General Accident Insurance Company
C/o Douglas B. Marcello, Esquire
305 North Front Street
Harrisburg, PA 17108-0999
You are hereby requested, In accordance with Pa. 'R,C,P. 4009, to make available to
the undersigned, for Inspection, examinatIon, and copying, the following documents, articles,
and things: '
1. Copies of all documents to which Defendant refers in Its answer to
Plaintiff's Interrogatories - First Set.
2. Copies of all documents used or consulted In the preparation or
formulation of Defendant's answers to Plaintiff's Interrogatories - First Set.
3, Copies of all documents which Defendant believes or contends
supports Its deciSion to deny Plaintiff's application for payment on the policy
which Is the subject of this suit.
4. Copies of any other documents relating to the policy of Insurance
issued to Plaintiff by Defendant, including any and all application, underwriting,
and claims Information and documents.
NOTE: Defendant need not produce, In response to this Request, documents which it claims
to be confidential because they involve communications between Defendant and Its
attorneys. If Defendant makes such a claim, however, Defendant should identify those
documents or communications, by author, addressee, and date, state the reason tor the
claim of privilege. and state who Is currently In possession of those documents.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PA
* * . * * . * *
CHERYL J. McSHERRY, *
formerly CHERYL J, HORNE. *
Plaintiff *
vs, *
SHINER INSURANCE AGENCY, *
Defendant *
Jltlt);/vAL
Case No.
98-2565 CIVIL TERM
* * . * * * * * * . * . . * . . * . * . * * . * . .
CIVIL ACTION-LAW
CHERYL J. HORNE.
Plaintiff
V.
GENERAL ACCIDENT INSURANCE *
COMPANY,
Defendant
*
*
Case No,
97-3869 CIVIL TERM /'
*
*
* * * . * * . . * * * * . . . . * . * . . * . * * .
* CIVIL ACTION. LAW
CHERYL J. HORNE,
Plaintiff
V, *
LITITZ MUTUAL INSURANCE *
* Case No,
* 97-425 CIVIL TERM
COMPANY, *
Defendant * CIVIL ACTION-LAW
........
Any reproduction of th.. lrAnUC11pt 18 prohibited
Without .uthOrl~atIDn by tbe certifYing agency
':;a l"~:l ~ 1""1. t . g Ci:.) U t t ~ t',~ Pi} t ~ i n.') ;~ fe' 1 \' ~ '. '~~, i n <
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CERTIFICATE OF SERVICE
I, David Mills, Esquire, hereby certify that I served a true and correct copy of the
foregoing OBJECTION OF DEFENDANT, L1T1TZ MUTUAL INSURANCE COMPANY, TO
MOTION TO CONSOLIDATE FOR TRIAL, by first-class mail, postage prepaid on the
following:
Samuel L. Andes. Esquire
525 Nonh Twelfth Street
PO Bo~ 168
Lemayne, PA 17043
(For Plaintim
Thomas E. Brenner. Esquire
Goldberg, KalZman & Shipman, P.C.
320 Market Street. PO Bo~ 1268
Strawbeny Square
Harrisburg. PA 17108-1268
(For Defendant, Shiner Insurance Agency)
Douglas B. Marcello, Esquire
Thomas Thomas & Hafer. LLP
PO Bo~ 999
Harrisburg. PA 17108
(For Defendant. Gmeral Accident Insurance Company),'
;/ / ~~.~R18:li/1;
Dated:~')C 't~. . ~.,\..:. (By: Mi, ,\...!LL{VJc.
'~ J - Da;id MIlls, Esq~~\ -
Supreme Coon No. 37192
1311 East Market Strm
PO Bo., 2588
YOIt, PA 17405-2588
(7 I 7) 1lS4-9~
Attorneys for Drfmdant,
litill Mutual IllSlII'IIl(C CompIII)
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vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
CHERYL J, McSHERRY,
formerly CHERYL J. HORNE,
Plaintiff
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 opportunity up to now to make all inquiries of Plaintiff that are required to prepare
the case for trial. Defendant has interrogated 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 has 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 otherwise
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.
Q It,.Jl._n QJb
~L.A~
Attorney for Plaintiff
Supmne Court ID , 17225
525 North 12'" Street
lemoyne, Pa 17043
17171 161,5361
~
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5.\MUIU.L. ANDas
Ano..n At' LA.
aft ~ lWa.na.-
p,e.__
L&MOY1Ia. PlDInT1.."'.u. 1t043
..
.
.
.
.
.
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 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'ld 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 fOf Plaintiff
Supreme Court ID , 17225
525 North 12'" Street
Lemoyne. Pa 17043
171717615361
,
SAMUBL L.^NDES
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CIIERYLJ.1I0RNE.
Plainliff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. <J7.3869 CIVIL TERM
GENERAL ACCIDENT INSURANCE
COMPANY,
CIVIL ACTION - LA W
Dcfcndant
. JURY TRIAL DEMANDED
CIIERYL J. HORNE,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 97-425
lITITZ MUTUAL INSURANCE
COMPANY.
CIVIL ACTION- LAW
Ocfendant
JURY TRIAL DEMANDED
ii~f~~~~r~~~t~,~~~~ttr~$]~~;::_E':~~:,y),-,_::'-/\;~:'- 'M01t()N-.TO .COMPEL',:::: :L:'\:tj3?;~::V;\\~~:;!!~;_~~~\;:ti"~~:~~l~~~1S~~ ~_::
Ocfendant, General Accid~-nt Insurance Company. moves this Honorable Court to eompel
Plaintiffto answer Interrogatories and Request for Production ofOocuments as follows:
I. On or about May 14, 2003. Ocfendant. General Aecident, propounded
Interrogatories and Request for Production of Documents upon Plaintiff, copies of which an:
attached hm:to and made a part hcrcofand set forth as Exhibit "A".
2. Plaintiff has flied Objections to the Interrogatories. a copy of which is attached
hm:to as Exhibit "B".
3. Plaintiff has not set fonh any valid objections cognil.able under the Rules of Civil
Procedure and'or any other basis for objecting to the Interrogatories.
4, Plaintiff's Objections an: without any basis in fact or law.
S. PI;ainti IT also propound;.'d Objections to Ocfendant' s Request for Production of
[)ocunten\S. a copy of wbich is aUaclk'lJ hemo as E.\hibit "C', Again. PlaintilT has made gencraJ
objooions to tlk! R~ fur Pn."'OClIDn ofOocWlICntS Wtthout any basis in law or fact.
6. Plainti IT has made bro;a,J obj\.'CtklltS to hoth the Interrogatories and Request b
ProductlOll of Oocllltt(l1(S wtthoo1 spxllytllS any basts to the individuallnt~ or Request
tt\!' Pn..lion ofl~L
..... A
CHERYL J. HORNE,
PlaintitT
IN mE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 97.3869 CIVIL TERM
GENERAL ACcrDENT INSURANCE
COMPANY,
CIVIL ACTION. LAW
Defendant
JUR Y TRIAL DEMANDED
DEFENDANT GENERAL ACCIDENT INSURANCE COMPANY'S REQUEST FOR
PRODUCTION OF DOCUJ\ffiNTS DIRECTED TO PLAINTIFF
To: Cheryl Jean McSherry, PlaintitT
c/o Samuel L. Andes, Esquire
525 North 12'h Street
Lemo)'ne, 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 pennit Defendant or
someone acting on their behalf to inspect. examine. and eopy the following items coneeming this
action which arc in the possession, custody, or control of the counsel PlaintitT or any other
person or entity acting on PlaintifT's behalf. Said items slull be produced or made available for
inspection at Thomas. Thomas & Hafer, LLP. 305 North Front Street. P.O. Box 999. Harris1:lurg.
PA 17108-0999, within thirty (30) da)'S after senice of this Request. on a date and time to be
arranged between counsel:
1. 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 94.01 674RJW-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 7)
pieces of jewelry in question, whether in the possession of the PlaintitT or her counsel, from the
period of 1993 through the alleged theft occurring in late January, 19%. including but 1\0(
limited to any personal diary or bound recordin~s of the existence and possession of the jewelry
in question.
3. All docunl(l1ts. statements. rorrapondcnce. and any other evidence documentin&
and or menll.,riaJiling the alleged loan ~tcnded 10 PlaintltT by her parents, JelUll\( and Thomas
luko\tiski. indudmg but not Iimired 1<1, C.iilll(dled ched.s, notes including promissory llOlts.,
messoages. rt'COl'Ilinp. bank statements during the rmo.I between 1990 tMlUgh July of 1996. and
any other 1k1ll.'\lm\."l\t4tioo and or 1UImIOri;&!iration that said loan \\ as ex tcOOed and that any of tbe
'73 piect'S of j'e'At-lry ill qucstl\lR \\ as used as collaltftl on said loan.
'!.'~'Wi~t~,:\.,....~'tf~']'",'f7r'i',,'J;/CERnFI' C.,c....E',O F"SERVICE':;","!;,;:": :',Qk,i1€~; .
;:""~"-"'~"'''''r-",,~,_''''0i;''.-i'~-'.',.,:''~''<'-'..:.,.....,-....... '. ftl., " .....~._~,',..~ .1',-'- -: _."'-"':,;~.'..^
AND NOW, this 14'h day of May, 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
Lemo}ne. P A 17043
Da\id A, Mills, Esquire
Stetler & Gribbin
138 East Market Street
Post Office Box 2588
York,PA 17405.2588
Thomas E. Brenner, Esquire
Goldbug, Katzmaa & Sblpmaa, P.C.
320 Market Street
P,O, Box 1268
Harrisburg. PA 17108.1268
.
B}~
I
DOlg(as B, MarcelJo. Esquire
'0'''' 4506
Request for Copy or Transcript of Tax Form
01,118 fJo 1545.u'19
(Rev May 1991)
... Read Inslluctions borore comploting this form.
... Type Dr print clearly. Request may be rojected it the form is incomplete or illegible.
tIlPlrtmenl011l'ltT'h1.ury
tfll~"~'1VtSltfVlCe
Note: Do not use this (orm to gel tax account information, Instead. see InstructiOlls below.
1a Name shown on tax form. If a joint retum. enter the name sho...m firs~
lb Fnl social security number on In form or
employer identificltion number (see instructions)
21 If 8 Joint return. spouse's name Shown on t8li fOfm
3
2b Second social securtty number on tal form
Current name, addr!Ss (meJudtng apt., room, or sUIte no ). city, state. ana ZIP code
4
Address. (including .pt.. room. or sUIte no.). CIty. Sl/Ite. .nd ZIP code shown on \he 13St relurn filed d different from line 3
5
If coPy of form or I taJ{ 1'It1.rn tTanscnJr. TS to be mailed to someone else. enter the thtrd party's name and addrllss
W WI cannot IInd a record of Y<>Ur tal form .nd vou w.nt tile p.vment 'efunde<: to the third party. check..... . . . . . . ~ 0
tf name ." third patty's retorc'S differs from h 1. above. enter that name here lsee inStructlOnS\ ...
Check only one boo to show what ';PJ wont There is no chorge fa "",",s Sa. b. and c:
. 0 TII.-n I1InSCl1pl ri FllM110.0 serres !lad during tile __ c-JUt ana lhe 3 prtor.._ JUrllsee instr"'''\Jonsl
b 0 Verlfication ri nonfillng
c 0 Farm(s) w.Z informetion (see .,struCtionsl
IS 0 Copy of tel form and.1 .ll4chmenlS tlna.dlng Forrn{s) W.2. schej..... a _forms). The chargois SZ31ar IIch perIod.......-.
Note: , ~ COMS must be cfYfJllBd lor collt or l<Immmraow rrocHd<<lgs. .... .,,,,,,,,,.)..,, _ clwfck her>. . . . . ~ :J
~ :nlS req-...SlIS to mael . req~ 01 one of the f~ cheOl all beles IIlat .ppIy
n Srrlall Sl,;squ ,l.d:l"N<'\r5trltiOn n Oepa~ Qr Ed'..IC.!t:'..m ~!':"'.cnt of V:terar:$ A~an
Tn lann...- (l'orm '040. 'O'CA. 9.,. alC)
S
7
I
.
'0
rf~tnst#n.m.7l
.3
12 Com;>Ie<o ""'y f .... lei IS ~kld.
Amount dull:
. CI>S\ for HCIl period . . .
b _ of a. ponoclS _d on line"
c Totalt:lS\..~IInI12.byllne'2b. .
,fA,.""....., .-r-"J,.,....... ... eNd
----..---.
.00
s
"
T.l portocI(s) ~ at pInOd enaeo ll3:e1 f rnant Ulan _. see
'"W'.JC'bOrS.
Caution; 8efrn ~ -. SIn of If."" ... ___ ondltle fatm IS a.fle<f.
I declare \Nt I am ..,. "'- tltpayer whOM name is IhoM'l i)r'l ine " 01 2.1, Of . ~ lUU'auea to ~ n.. ta. . Jcrmltion ~, t am
awn1lul1 bawd upon tI1ls fmot. the illS ... _so tile tal infonnlllOll ~ to ..y pmy _ on Ine 5 Tho illS has no cOl1lrOl.- what
_ party OMs...." 1hI_
....__ ~~SM~.IX"W~la.~.tttac:1I~~
.-n.de
~ ~r..~....'._a.""'-.!""'._ _ "''''''''
~-,-
Instructions
s.c~~:"tf"r;,t"WInt~
~~ CPdt
flp. r ~ ha-d't7>lti:)tO,1\"'\""r b"\,
t..: ;AQ4<1f ~ "'~ W !M , t~ tl"
;t! .. ;';~~) !ltr h ~e... i~ ,.....~ '5a~
~~t~~lI"\Mfl
""'- 01 F_._".. ,_ .~ to g..' .
t..\; ~.,.f'" ;:;~~.~1t ..!<~;:&ttY L~ ~'3>.< i~..:!
~l~ ~ . ttt.:w.. tt.~; r:;.W?\"\ ~. ~
;r.:h)l'!"'\ttmo!' j)t. e JC\ ft I tfl ...~ ~,", f.
~." l-''' f'1't.lIq. . 3!f ~ ~J!~ .<'hJ
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0-
TIlIpMnt __ 01 oaquestor
( I
'"' ..... 10 ...
0aI.
TRY A TAl RClURH
TRANScJlItT (_ r..""
h inSlNctICln$!
o.oy. to got , eo;>y of. tal "'"" or 'It.1
__ TO...""'I"'1<11l1y.t.-....."
I.rWr oF 1M ~ W..: ""... I,..,..
'5.."41
,....... --I' you_.eo:yol.'......
'~ t~~ e. ~w 'It'I p,t1'W cW"lr.oJt
hft; ~ :.- Of ~H'~ IRS t~ ;<< , Q!"I""l
'091'''''.....''''''''
ta.~___-I!j'O\.l'oOO<!.
M~'i#r~~..~~"".
w# ;;:t'''1~'' ~ ~:)I' N ~...~ t; t.,...
~~ ~J""c ~~~ Ltl .~
F'..,~4"...,.., ~~. ''i;t.~ ~,f,),"h.. m,
i(~'i',*':~
'or< 4.SOI ~ ~ ......
~I;~~,..... ~:JP"'IQP'ltt!tt1\tth..~of
""'_"''''''''~\Nl~__ '<1/1
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lIe.......~ l'Ol ""'" to "M1!''''''''
'10M ~ ttJ. .::~ W~"b.',)"! s.. ~
;.~ ., 3ttld! 01' ~. t;' ~ "'"' t~
..... Ftr" fjJf ,~t N- "'f\'~ l'. N
i~ ~ "-" ~~. 4#1"5" ,~* ~ ->>"'t )'~
~.~.1r~ ~ :1!--<J.$'lt
_l...... ta...,-, "" co' ?/".' (>,
~~ tr.v,,','Y;.'I't ~. ~.-f<.,.~" ~ "~-Jol"'1lr,-;
~ ,,!;;: t.) w-rtz,,""i""" m... ifii ~:-.".*1
'f":lo'" f"}',~ f': 1::"" ~.t'- 'A"': !~' ~~. !:~~.r
,~ ~.., Ao."t ~ ".....~. -'-"tlttf't M:t ~.. ... bi".l of tunft
if' ~_ ..-:';;
r"," 4506
IRI~\1 May 1997)
Request for Copy or Transcript of Tax Form
O'PI',n." Ollhe Tr"~Jty
JO'lI,...11aIJ<llvltnUfs.<YI{"
III- Road instructions before completing this form.
... Typo or print clearly. Request may be reJocted if the form is incomplete or lllegible.
0',ol9 No lS4S-04Z9
Note: Do not use this form to get tax account information, Instead. see instructions below.
11 Name shown on tax form If a jOint retum, enter thr name shown fitst
1b fhl social security number on tal form or
employer Identification number (see instructions)
21 I' a JOInt ref urn. spouse's nllme shown on ta. form
J
2b Second social securk1 number on IU lorm
Current name. address (lncludtng apt.. room, or Suite no), City, state, 'nd ZIP code
4
Address, Oncluding apt.. room. or SLUte no,l. city. state, and ZIP COde shown on the last reu.n ftled If different from line 3
5
If copy Of form or I tn. rensn transOlpt is to be mailed to someone etse, enter the thlf'd party's name Ind address
I
7
.
" we connotllnd a 'ecord at tal form ond want tI1e a tit 'e/ufooed to tile tIWd art. thec. here . . . . . . ~
tf name in thi'd s records differs from hne " above, enter that name here- (see instructions) ..
Chec. ody one box to sOOw what you want Ther1! is no charge for ttams So. b. and c:
· 0 Tax return lronscnpt at Farm 1040 ""1eS Ned durng !he turTOnt caIondar ,... and "'" J prtar __ ,eon (see inslruaJonsl.
b 0 V..mcOllon ~ nonfllong
C 0 fDm1{.) W.21f1formatlOn 1_ instructions!.
d 0 Copy at tax Iorm and a. "ttachments (inCluding fDmlis) W.2. SCIledule5. or 0lhIr forms) The charge Is 52J lor _ period ...,..-.
-: If tIleH c rnust be c_ for coort or -....~... . see ""-' art(! check here. . . . . ~ 0
~ thts req""5t IS to meet 0 requirement of one of tI1e following. Check all boxes tl1at apply
Smal Busine'ss Adrntntstra!1Of'l ~ of Ed-.JC!UOt'I Qe....a."tmen: of V:::tcra:'tS A.'!ars
Tnlorm _ (form 1040. 104M. "1. etc.)
,
10
"
12
fir.ancialin_
C""",""e ody Ihld IS <floc1uMl.
Amount due:
Tn ~ (year or period ena.o cate) I more IIIan ro... see
'"stl'\ICbons.
2 . 0
I COSlforeat/lperiod . . . . .
b Numtlet 01... peIiods ,_ an lone 11
c Total COSl. ......ipIy lone 121 by lone 1lb. .
,..,.-- ~",..,---
"'__,.._Ie ____.
eo...- &Ifore '9W'l1. ..... ....... _ h <nmp/etIart(!lhe fomr IS aated.
,- tl1at I am - lilt taXPAyer - name Is _ on lone 11 or 20. or a person _.a 10 _lhe tax informabon _ 'am
1*'1lt1 "'It based IJjJClI1 thts form. lhe IRS .... -51 "'" tax i1formabon ~ '0 aroy P*'Y _ on... 5 Tho IllS IlIsIlQ _ ... ""'"
lfl.sl ""'-1 ODes _ IIle inIormallOn
PIe ~ ~ See """"""'" ....,....... ta_ lilac> -...............
ase
~~ ~ T.........,I _.. I _"''''' _..."'"'"'........
~-,-
Instructions
s...:,..,,, ~., ore to lhe /trtemoI
~~Ca1llf
TII> """'.'l""'ta'lormi!llecirll)'
~""j p.f~1M ~.~!.t fa HI' ~ tM!
'1I"'c"I"f'''''tI1e__ n.....,......
..,~ t'wr bMt anti ~J
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till f~J'" !:tr~ ~~~ tt\et.~ ~
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-...".. "'.. '] -...... II1e ""'..
t.. ~ ir - "" _ _._ for
fltmpii WM l61ti '.b l!99 to,~ IN:
Wa',~, b wages ,..ftIlk1'". '"7
lle""'-~Iorm"'_r""",
'oti tI t.. Kt3ln: ril.Yfh~>n See ~
l>ago '''' ....... or ""*' .. II'" ~ .....,
...... T3!'''' fiJ$ ~ ~ .~:~ :-t- ,...
~ -... fo: ao.-....... "'l''' _ "'" """'."""
~""..~.:f"\llo~!!"'it
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-.1!~ ;~ t~ '" ...~t.:tit}", J"'!_~ l~ i~S 1'lN.~."
~ fi';~~\.t f! t~ ~"'f' <tD I~\ 6"_' c~~
TRY A fAX Ilr1UlIN
TRAN$CMIT lsM lrne
.. ll1SlnQ""'\l
<tars Ie "' . """Y .. 0 tax form or \II' l
-...... To.....,..., -,. 1>0 .... Ie
"'"-...... _tOO _... for... f_
'$01
'- 111I.-" 1"" _ . ."'" 01 0 F_
'Oat .>'U<.tI>e_ 'l!'I".,...~
~"'" """""""III!Slili"'f"""
'*~"lfY'.
'&1-"" .....__-ff ~!'r.IN .
~f;/~tUlt;:t1ul'It~,t1'!y
'-(1# ~ '"'* ~ {, ttw aR$ ~ !e t"'r
~ '"b!,J"'~ t-.:~ tt-'i I(tdlM
;n'f'"~~K'iti' r is ~.:'~~ ~,,'Iif~iO" hh
r~f;:p,,~
f.~'... <<_ ~- ; t.
0...
'''' "'''''''' Ael ...., .........~~ .......U.., Ac.lIIotl<O. _ ...~ 01 .......
-l'. \.c._ ,">t
"'~ 4506
Request for Copy or Transcript of Tax Form
01/8 I..,) ~'J45.0q:;
;;:;,~. I.. d\ ~ 99 71
... Read instructions before completing this form
.. Typo or print clearly. Request mol)' be rejected If the form is incomplete or iIIogible.
t';:'lt""~"! (I' l"t T'lll!oU')
:r.:~""" "~".,,. Slt'v>:r
Note: Do not use tl1is form to get tax account information. Instead, see Instructions below
la r~.ll""'le shm....n on tal 'orTT1 I' IS jOint ret;Jrn, enter th~ r.ame shown flt~~
1b First social security number on talC 'orm or
employer Idenuncauon numbor (see Instruchon!
2a If a Jomt return, spouse"s name shoWf'l on till form
1
2b Socond soclal sKurh)' number on tax form
Current name. ~Cd'ess (,"Cludl":) apt.. roorn, Of suite no I. city. state and ZIP code
4
A.::tjress. (including apt. room. or sune no I. en)'. s~ate, and ZIP cOde shown on the laSl ret"" filed If dlNerent from line 3
5
If COiJY of form or . tax retlln transcn;Jt is to be mailed to someone else enter U'1e tnltO party" name and .oaress
If we cannot fand a record of 'r.1Uf tax farm and 'r.)u want ttle payment refunded to ttle third part\!_ check here . . . . . . .. 0
tf name In thi"d :Jan',.! recorO, dif"fers from line 11 atKM!. ~ter that "ami!- here Isee lnStrut:tal5\ ..
Che:k only one Do. to show what Y'3IJ want There is no ctwve les nem. Sa. b. and c:
a 0 Ta. return lrInSC11;ll of Fam: 10.0 ...... lied ""'"9 !he _ _ pot a""the 3 prior _... ,urs !He insWclJonsl.
b 0 Venf","tion of nonfillng
c 0 Form!.1 W-2 infonnatlOl'l ISH InS1NClJan"
d 0 COP)' of tax 10m> a""lIl a~.achmenu (oneluding For.n('J \'0-2. .:he,ule.. 01 otI1er lormsJ. The ctwve 10 In fell uch period__.
Nota: " ~, CXHeS m:.rsr be ce."'tJfIf!a fO: ccll1 (Y ~~ QfXredJ~QS. See' mt"'l.lCt1Ons a:'Jd chec4 hfn. . . . . .. :J
t!' Itus request '5 to meet a requirement of one Of the foloMng_ Chad an boxes that appty.
C $mil ~5S Ioj"""fS".ra"Jon r: CoeoQ~ ~ Ea>.I!:!:fO:"! n Qe:)r..~!. of Vct~ar.s A~KS
Tal form runber :FOf'lT! 1040. 104OA. 9"1. etc.)
6
1
I
I
10
FN.~a; '"~.,
IZ Ca<n;>Ie:e ony W Int Id is :he::l<ec1.
Am:xJnt duO:
a Costforeocl1penod ,. ..,.
b Numbtlr of tax period. requeSUld on tone 11
c T0I01 CDIt. Multiply Imo 124 b, """ 12b. .
Filii 1M""" must r r-.-rl,...,..,............
......,--".,.,.,...---.
11
Tn poriodl.) (year 01 ponod oncecl da-.eJ r. """tthan 10.1. s"
irstrucUons.
21.00
Coulion; 8I!f0l. SIgning. mot. sura .. n..... ... CompIele _ "" ~ is tared
I dada-t_ I am _ \!It la'POyor """"......1> shown on &ne 1a 01 2.0. or I _ OU\horJZed to otItoin \!It II. onfarmlltion requosltd 'In'
....... tIlO1ll11w.:l upon ths form. tho illS ... __so \!It III infarmotion req;,Uled to ..,y party shown an .. 5 The IllS has no alnIlOI ovor whal
tNI ~ _. wi\/! me ,",,,,,",,uon.
hI_... ~ $q"lMur-t See Mt".I~ . otl"4r ~ ~1"", ~ ~IlM*Of'! OX\/tf't"'l
.......S.
S' ...
'9" , llbt {f.....'. ~ ,t. C"~IO'" ~,~ wer., OJ "'i.1t;
Here
~~'trq'"l~
Instructions
.s...~",-"lf' """">1.::f'! ~~" ~ /ffl~.
1l-tvf!:~~:..~(I.~
TtIt If ~""~ ".-j y')uf \I~ f~ -.0 tf'l b~' .
~..~ ~t~'" S =~. '"~ t: 1M r ~-,.. tar
;e' . ::1~ ~O"" t~. p"ePtttf "-"\11. ~y U\'t
~~'k... ~:r.!" ~r'1I ,,,;: ~y
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',1' ~<lIt.,,-~< ~r\;,I\Ct ~..,,",':::"~t::<r ~...,.' .'.)0; ("I.::
'''l,,;c "'4 -l Je~l', '..u f~....('" fTt"'.\ 2'
i#'> "'.....lI.L~... ,..".. C1.;." ~ . ~a. 1'..lI'~~ "'.,'-'" '"
."'''''1, ~...~ r~ 'ke . lall: '_~ t):.!!":v't ),~
:?:r,~t'~' J ~.~~-"t ,jf ~ :11' !.'''''"f\;.v f ')I '^, :
Inform.uon. w.. l3 mortths. af\ef the et'l(! of
tM )'Dr ., ~,.. tt'lt WaQH were e:ameo , Of
t_ .... _ ~.b I~g to tO~.,." 1\.2
"~. far w.;es etmt-,j ll" '!9S1
0. not t.'* tN! f~ l; ~i! F' ~\
~ota Of tll ..:.;:~ tn+3n""..5u;'V' ~""'1
"11ft t'J ~~ .7 ,,~.... ~C' ~ttt ~t l~~\
.....: ~3"f! '~;)E '!"t,;:~ ~ ~l'Il'"n"C t't' N
~S~., ""'ae"'~. JM .~I!"' ~f'-~tt t'"'7.
~ ,....~"!~,;; r~ ~';.,~io:
HiraIiIll~ Wtl" t...."'_\:~ '"-It' ~ J ~.)~
~r.,r '.1t~'~",'fti',! !Y V\'FI"I.:-!",;:\1""< ")l"\"~~.>
.wr.v'~.;.'~ \lIii:"-'~~,'j, ,"~ !'''f" ,'l5~,@<.-~:c
...:.hI' .'!!'~J'!~'. '" ::r ~...,.., 14""' l: ~.:' . ~i':j;'
'0" "'""....y Act and "a~.~tl' ~tM:l"'t.~ !Ilk~li.:. u.. baC' i)! form
001.
Totophane .......blw 01_..
( I
__10 COlI
Dolo
I TRY A TAll RETURN
TllANSCRlPT 15ft l.,.
.. onst'UCt1Onsl
Clys 113 get I :opy of. tal form c.- W-2
'"'-- To.V'JIC O"l dOlOy llo .... '"
"'""'" tl t!>f> """"""""" a"'ad "" "",.."..
CSOf
f.......101t-l'Y"" _t topy of. F_
lOtt C)ntI~ tht ~..... If tI\e DeW tatY'i,~
""'" yo. toll '" _'t!>f> IllSll>", r.....
, J!J9 rl:Yml!iOt'i
Ta. Au... "A-~~_tidf\.~,.,.. ~ .
!~~~~, gf )''3\,1 till a;;;.t...Int "'"'~ ~
ia~1f!f ;;!'I,~~ t!t..t y(1: :'I- N illS 1"'lade t:.: t""
\Fl;;r.t1f"t!l-J"'I~~~'t:CC~
'''',Y'~a''~-'''' T.}; a-;-::;)<~ riY""""'tJ.:r ita
.\.~~.._,
t_ 4501 ~ . p
, '"..' "-:.,
RE.v..!>!' LE (7.991 {II
'*
AUTHORIZATION
FOR RELEASE OF TAX RECORDS
PA Department of Revenue
Office of Chief Counsel
Dept. 281061
Harrisburg. PA 17128,1061 P~EASE PRINT OR TYPE
Pennsylvania tax records are confidenUallnformaUon which may be released only to the taxpayer or pursuant to a release signed by
the taxpayer. Unauthorized disclosure 01 tax information is a criminal offensa.
CompleUon of this lorm will authorize the PA Department of Revenue to release the tax retum documents requested in Part II.
Carelully read the Instructions on the reverse side to aSSUle that your request can be processed prompUy. It is important that en
questions be answered completely.
PART 1_ DESIGNATION OF INDMDUAL TO RECEIVE TAX RECORDS
1.
( I
Telephone No.
Fun Name of DeS!gnllOd individual
2.
Name of Individual. Firm. or Agency
3.
Street Addreu
4.
ZIp Codt
City
S_
PART 0 - TAX RECORDS TO BE RELEASED (S.. instructions on ........ sid..)
1 2 3
Taxpayer'. Nama As _ On OrigInal Rotum TulO No. Tax
4
-
5
TuPerfod
-1 ~q:)
~
,O,C,7
,qqK-
6.
CUITWt__ol~
Clly
-
ZlpCodt
7.
Slrett..._ UHd II FiIin; IIelums
Clly
-
~CadI
PART 01 - CDT1F1CATlON
I corti" lIlaIl:
:J omhin__lP_....lDlIe-
:J 1M. d>I!y _ _ ""'* ., h CCII\NI,jli()........... _....'" lIe___
1C..."...'llllit1
:J _.~"""""'~""'~........_...."'...~
:J _",,,,,,_I<!Ily._oI__eI\"'_"~_o:I""''''- s....-....__
:J ....~. b4Ir ~ II.... ..~ Of .~~::Jt of N ftG......'1...\'*I" ~ t&tJ ~ n ~......... ... ~"1Iianti ...
~~l_
,,-~-_.__._..._--------.q-,,--'_"~'_'~_'_'_' .".'-~-~-" ",",,-~-"....-
,,~----,-,-""""'__""'-""'-' -'. . ~"''''''--'''''-''''"-'-.'''--
OM
Sq..-Jt~!..
CHERYL J. HORNE.
Plainti ff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
GENERAL ACCIDENT INSURANCE
COMPANY,
NO, 97-3869 CIVIL TERM
CIVIL ACTION. LAW
Defendant
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT, GENERAL ACCIDENT INSURANCE
COMPANY DIRECTED TO PLAINTIFF, CHERYL JEAN McSHERRY
To: Cheryl Jean McSherry, Plaintiff
Clo Samuel L. Andes, Esquire
525 North 12lh Street
Lemo}ne, Pennsylvania 17043
PLEASE TAKE NOTICE that you arc hereby required, pursuant to Pennsylvania Rules of
Procedure No. .roo I , ~. to serve upon the undersigned, within thirty (30) days after senice 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 A."*P INSTRUCTIONS
(A) \\lhene\'er the tcnn "document" is used herein, it includes (whether or not specifieally
called for) all printed, typewritten. handwrinen, graphic, electronic or reconled maner, however
produced or reproduced and however fonnal or infonnal.
(B) Whene\'er you arc asked to "Idenlify" a document. the following infonnation should
be gi\'en as to each document of which you arc aware, whether or nol you ha\'c possession, custody
or control lhereof:
(I) The nature of lhe document (e.g.. letter. memorandum computer print-out,
minutes. resolullon. tape recording. etc. I;
m Its date (l'f if it bears no date, the date when it was prepared);
(3) The name, a.Jdteu. cmpklyer and ro-~ition of tbe sisner or silflen (or if
there is to Sl~, the fll.T!lt>n \\ ho I~ it:
(4) The namc, address, employer and position of the person, if any, to whom
the document was sent;
(5) If you have possession, custody or control ofthc document, the location and
designation of the place or file in whieh 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 thercof and the name and address of the organization
having possession, custody or control thercof; and
(7) A brkf statement of the subject matter of such document.
(C) Whenever you are asked to "Identify'" an oral communication, the follo\\ing
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, dC,);
(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
\\w 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 thereof is recorded. described or
referred to in any document (however informal) and if so, an identification
of such document in the manner indicated abo\'e.
(D) If )'lU claim that the subject matter of a document or oral communication is
pri\ikged. you need not set forth the brief statement of the subject matter of the document, or the
substance of the ocaI communication called for above, \' au shall. however. otherwise "identify.
such document or oral communication and shall state each ground on which you claim that such
document or oral rommuni\:ation is privileged,
(El Whcme\er )00 are med to "ktnlllfy alWnoe:' the following information shall be
g1\tn
III The name, prnmI address and present employer and position of the pmoo,
aod.
(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, wrinen, 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
transcriptthercof, the name of the person to whom the statement was give,
where the statement is presently located if wrinen or otherwise transcribed,
and the present location of such transcript or statement if not in your
posseSSIOn,
(F) The tenn ")'ou" 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 attomeys, consultants, sureties. indemnitors, insurers, investigators, and any
other agents insofar as the material requested herein is not privileged,
(G) The word "intident" 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 innuence something regardless of whether it is in the
possession of the party to whom these Interrogatories are directed.
(I) The tenn "finaatial atwuots" shall be deemed to mean any and all accounts,
whether kept in a bank, credit union. financial SCf\'ices company or other institution, where
finances are kept and maintained including. but not limited to, checking accounts, sa\ings
acccunts, money market accounts. mutual funds whether stock, bond or mixed, individual
retirement accounts, 40IK and other employer maintained retirement accounts. stock and bond
purchasing SCf\ices maintained through a financial manager or broker, and ecrtificates of deposit
with any financial institution.
These Interrogatories shall be deenled to be continuing Interrogatories. Between the time
of your Answers to said Interrogatories and the time oftlia!, if yoo or anyone acting in your behalf
learns the identity Of \\ hereabouts of other witnesses not dISClosed in }"ur answen. Of if you obtain
or learn of additional infonnatk'lll requested herein. but not sllpplied in your amwers. then yoo
4. Please state whether )'ou have had an)' personallinancial accounts hetween the )'ears 191)2
and July of 1996, including hut not limited to checking accounts, savings accounts, money markct
accounts and an)' and all accounts wherc you wcrc a co,owncr, and ifso, please state:
(a) the name. address and account numbcr of any financial institution where you have
possessed, owned or controlled a checking account;
(b) the nanle, address and account numhcr of any financial institution where you have
possessed. owned or controlled a sa\'ings account;
(c) the name, address and account number of any financial institution where you have
possessed. owned or controlk-d a money market account or other financial 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 intefl'Sl in any individual retirement accounts or
401 K or other retirement accounts maintained either by )'ou. or on your behalf;
(e) whether you possess any bank statements or financial records from any account
included abo\'e or if not. where such records may be found and obtained; and
(I) whether )'ou 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 Slate:
(i) the name and address of the institution;
(ii) the time when the safe deposit box was rented or otherwise leased from the
institution:
(iii) the name or names of the person or people 10 whom the bol I\'as
rentedleased; and
(iv) the name or names of the person or people \\110 had access. whether by key
or by permission. to the box(es) noted above.
ANSWER:
5. Please state whether there are any businesses you have either owned, controlled. possessed
or had a financial interest in, and if so, please state:
(a) the name, address and nature of eaeh such business;
(b) the extent and nature of sueh ownership, control, possession or financial interest;
(e) 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
(c) whether the business is still operational and if not, the circumstances behind the
demise of the business including, but not limited to, the financial circumstances, outstanding debts,
liens, sheriff sales, and bankruptcies filed, pending or discharged;
(I) if any business that you have ever either owned, controlled, possessed or had a
fmancial 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 reeeh'ed. the approximate date of such forgivCllCSS. the
year that such forgiveness was declared on the business' Federal and'or State Income Tax Fonns
and the name, address, phone number, and business or personal relationship of the party forgi\ing
the debt;
(iii) any asset liquidation which took place, the cireumstances behind such
liquidation, and the names and addresses of parties causing such liquidation;
(iv) any creditors who reeeh'ed any proceeds from the business' demise.
ANSWER:
6. With regard to Kitzmiller Commercial Roofing, Inc. and/or Kitzmiller Commercial
Systems, Inc. (hereinafter "the business"), please stale:
(a) the name, address and any corporate 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 ifso, please state:
(i) the names and addresses of the financial institutions with whieh the above
company possessed any checking, savings or other financial accounts;
(ii) the account numbers for any such accounts;
(iii) whether you have bank and/or financial statements for any such accounts
in your possession or control and ifnot. please provide the name and address of the panies with
access to such documentation; and
(iv) which account noted in the above answers was used by the company fo
pay the company's pa)TOII,
(d) whether you maintained. 0'\\11ed, possessed or controlled any financial 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 financial institutions with which the above
company possessed any checking. savings or other financial accounts; and
(ii) the account numbers Cor any such accounts,
"'",SWERl
<J. 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 stale:
(i) what fOIl11 the monies presented to you took (e.g., checks, cash. stocks,
bonds, etc.);
(ii) if eash was provided, what was the largest amount of cash provided to you
at anyone time, and what was the smallest;
(Hi) if checks were provided, please state what the largcst and smallest amount
provided to you by check at anyone time;
(iv) if checks were provided, please state the bank upon which the check
provided to )"OU was drawing the monies from; and
(v) if checks were provided. please state whose name the account upon which
the ehecks were dra\\-ll W1l5 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 \\'ith suclt proceeds,
either business or personal; and
(ii) the names. addresses and acCOunt numbers for the financiaJ institutions
where the proceeds were deposited.
(el if then! "'as. at any lime, a promissory note, lener. IOU or any other proof of
indebtedness for any monies lent 10 PlaintilT by Thomas and/or Jeanne lukowski, and if so. please
state:
^-"'S\)'EJt
(i) who w-rote the proof of indebtedness;
(ii) who aped the proofofilllkbttdness;
(ml "00 Itlok ~ of the proof of indcbllldneu after it "'U necuted;
(~. Il here the proof of inddltatnns "'as kepi; and
(v) "here the proof\.\fmdebtedneu is Iucalfd pI'eSU\lly.
13. With regard 10 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 afternoon in question, and if so who;
(c) when you left on the allernoon 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:
<0 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
(iii) 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 stale on
what oceasions and what pieces of jewelry were borrowed.
"NSWEIt
EJhIbIl8
'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,
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I AND NOW comes fhe above-named Plaintiff, by her attorney, Samuel L. Andes, and
, objects to Defendant's Interrogatories in this matter for the following reasons:
I 1, This case is approximately six years old and Defendant has had more than
1 ample opportunity up to now to make all inquiries of Plaintiff that are required to prepare
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II the case for trial. Defendant has interrogated Plaintiff under oath before this action was
'I commenced and then interrogated her at a deposition alter the action was commenced.
II 2. Defendant's Interrogatories were served alter this matter was listed for trial.
il Engaging in the discovery now requested by Defendant will delay the trial to the
',',l f PI ff
considerable prejudice 0 ainti,
;1 3, Much of the information addressed in Defendant's Interrogatories has already
1'1
been provided by Plaintiff in the discovery already conducted in this case and the other
II cases with which it has been consolidated for pre,trial proceedings or is otherwise
Ii available to Defendant.
ii, 4. Defendant's Interrogatories violate the local rules of this court by consisting of
Ii substantially more than forty questions, including sub'parts.
"
Ii WHEREFORE, Plaintiff objects to Defendant's Interrogatories.
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NO, 97,3B69 CIVIL TERM
Defendant
PLAINTIFF'S OBJECTION TO DEFENDANT'S INTERROGATORIES
~.~Q.Jb
. I L. A
Attorney for Plaintiff
Supreme COUf! ID , 17225
525 North 12'" Street
lemoyne. Pa 17043
17171761.5361
IIhibft C
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 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
I in this and its companion cases, all of which were consolidated for pre-trial proceedings.
t
II As a result, those documents are already available to Defendant.
i 3. The documents requested by Defendant are overly-broad and, as a result,
I Defendant's Request for Production is excessive and oppressive, particularly on the very
eve of trial.
I 4. Defendant's Request demands that Plaintiff execute documents which are not
I 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.
Ii
~.~
S 1 L. Andes
Attorney for Plaintiff
Supreme Court 10 II 17225
525 North 12'" Street
lemoyne, Pa 17043
17171761,5361
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