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HomeMy WebLinkAbout99-04461 ?. =;?;# HARRY KRUGER and IRENE IN THE COURT OF COMMON PLEAS OF KRUGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 99 NO.A-4461 CIVIL vs. CIVIL ACTION - LAW ANN E. PERAGINE, Defendant JURY TRIAL DEMANDED IN RE: NOTICE OF SUGGESTION OF STAY ORDER AND NOW, this /010 day of October, 2002, a rule is issued on the plaintiff to show cause why the relief requested in the within Suggestion of Stay ought not to be granted. Said rule returnable twenty (20) days after service. BY THE COURT, Kev' A. Hess, J. . I .-"', ...,,- . 1^ 1. - .. ,V C!;.: ? ?J IMF ?.?_? ??v? '.?_ I .?.. SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff HARRY KRUGER & IRENE KRUGER, Husband & Wife, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q9 -P??? ([v,(Ca-r-) CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 HARRY KRUGER & IENE KRUGER, Husband & Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANN E. PERAGINE, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la petition do demands. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & J ANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff HARRY KRUGER & IRENE KRUGER, Husband & Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANN E. PERAGINE, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, HARRY KRUGER & IRENE KRUGER, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: COUNT I - FACTS APPLICABLE TO ALL COUNTS 1. The Plaintiffs, HARRY & IRENE KRUGER, are adult individuals who currently reside at 195 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Plaintiffs, HARRY & IRENE KRUGER are husband and wife having been married on January 12, 1973. 3. The Defendant, ANN E. PERAGINE , is an adult individual whose last known address is 16 Eastgate Drive, Camp Hill, Cumberland County, Pennsylvania 17013. 4. The facts and circumstances hereinafter set forth took place on or about February 17, 1998 at approximately 7:00 p.m. at the intersection of Trindle Road and Central Boulevard in Hampden Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the Plaintiff, HARRY KRUGER, was operating a 1997 Chevrolet Cavalier, westbound on Trindle Road. SHOILPNBERGER&JAN172I. LIP 1820 UNGLESTOWN ROAD. P.O. BOX 60545 • HARRISBURG, PA 17106"5 17171217 3700 • FAX (717) 2M x212 6. At the aforesaid time and place, the Defendant, ANN E. PERAGINE, was operating 1992 Ford Explorer on Central Boulevard at its intersection with Trindle Road. 7. At the aforesaid time and place traffic proceeding in the same direction as the Defendant was governed by a stop sign. 8. At the aforesaid time and place, Defendant, ANN E. PERAGINE, proceeded through the stop sign for the purpose of attempting to make a left turn on to Trindle Road, travelling directly into the path of the vehicle being operated by Plaintiff, HARRY KRUGER and collided with that vehicle. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, ANN E. PERAGINE, in operating the motor vehicle in a careless, reckless and negligent manner as follows: (a) In failing to observe the Plaintiffs vehicle on the highway; (b) In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; (c) In failing to keep a reasonable lookout for other vehicles lawfully on the roadway; (d) In failing to yield the right of way to traffic already on the highway; and (e) In failing to yield the right of way to the vehicle being operated by the Plaintiff, HARRY KRUGER, during the time the Defendant's vehicle was moving across and/or within the above described intersection in violation of Section 3323(b) of the Motor Vehicle Code of the Commonwealth of Pennsylvania COUNT II HARRY KRUGER v. ANN E. PERAGINE 10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 11. As a result of the aforesaid collision, Plaintiff, HARRY KRUGER, has suffered serious and permanent injuries, including but not limited to the following: SHOD E MERGER & JANU221. LIP 1820 UNGIFSTOW ROAD • P.O. BOX 60545 • HARRISBURG. PA 17106,0545 17171230700 • FAX 171712910212 (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Sprain and strain to the muscles, tendons and ligaments and other soft tissues at our about the cervical spine; (c) Sprain and strain to the muscles, tendons and ligaments and other soft tissues at our about the lumbar spine; (d) Post traumatic cephalgia; (e) Post concussive syndrome; (f) Reactive depression; (g) Abrasions to the scalp; (h) Various contusions; (i) Shock to the nerves and nervous system; and, Q) Mental and physical anguish. 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, HARRY KRUGER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of this collision, Plaintiff, HARRY KRUGER, has and/or may in incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 14. As a further result of the aforesaid injuries, Plaintiff, HARRY KRUGER, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, HARRY KRUGER, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor SHOLLBNBBRGEB & JANO2ZI, LLP IB201JNGIFST(YAN ROAD • P.O. BOX 60545 • HARRISBURG. PA 17106-0545 17171230,3700 • FAX17171234 8212 Vehicle Financial Responsibility Law for which damages are claimed. WHEREFORE, Plaintiff, HARRY KRUGER, demands judgment against the Defendant, ANN E. PERAGENE, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III LOSS OF CONSORTIUM CLAIM IRENE KRUGER v. ANN E. PERAGENE 16. Paragraphs 1 through 15 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 17. As a further result of injuries sustained by her husband, Plaintiff IRENE KRUGER, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to her great detriment and loss. WHEREFORE, Plaintiff, IRENE KRUGER, demands judgment against the Defendant, ANN E. PERAGENE, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT IV COMPENSATORY DAMAGES CLAIM IRENE KRUGER v. ANN E. PERAGENE 18. Paragraphs 1 through 17 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 19. As a direct and proximate result of the aforesaid collision, Plaintiff, IRENE KRUGER, has suffered serious and permanent injuries, including but not limited to, the following: (a) Contusions to the left knee, right thigh, right temple region of the head and right parietal region of head; (b) Ecchymosis of the left wrist and forearm; (c) Aggravation of degenerative joint disease of the left knee; SHOLLENBERGEA & JNNU221. UP 1820 UNGUSTOWN ROAD . P.O. BOX 60.505. HARRISBURG, PA 171060515 171712343700 . FAX 1717) 2 10 12 (d) Myofascial pain syndrome; (e) Post traumatic cephalgia; (f) Shock to the nerves and nervous system; and, (g) Mental and physical anguish. 20. As a direct and proximate result of the aforesaid injuries, Plaintiff, IRENE KRUGER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 21. As a further result of this collision, Plaintiff, IRENE KRUGER, has and/or may in incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 22. As a direct and proximate result of the aforesaid injuries, Plaintiff, IRENE KRUGER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 23. As a further result of the aforesaid injuries, Plaintiff, IRENE KRUGER, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 24. As a further result of the aforesaid injuries, Plaintiff, IRENE KRUGER, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. WHEREFORE, Plaintiff, IRENE KRUGER, demands judgment against the Defendant, ANN E. PERAGENE, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. SHOD. NBBRGFR & JANU221. LLP 1820 UNGIFSTOWN ROAD • P.O. BOX 80545 • HARRISBURG, PA 171M G545 171712343700 • FAX 171712348212 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: July 21, 1999 SHOLLEMEBGM & JANU22I. LLP IUO LINGIF5TOWN BOAO • P.O. BOX 60545 • HAWUSBUAG. PA 17106,0545 171712343700 • FAX 17171234.8212 AFFIDAM 1 II COM-MONW'EALTH OF PENNSYLVANIA : SS COUNTY OF DALPHIN I, WREY KRJCER . being duly s'.vorn according to law deposes and says that I am the Plaintiff in the foregoing action: that the facts and allesa[ions contained herein are based upon facts given by me to my counsel and are true and correct I to the best of my knowlev. information. and belief: that the language of said CrMLAINr is that of m)' cuunse! and that I hace relied upon counsel in makinc this OWLAINT' information. F;ned uo"n me J Sworn to and subscribed before me. a Notar; Public, this 21st dac cif July 19 99 . w?fbn1000 AFFIDAVIT COMMONWEALTH OF PENNSt-LVANIA : : SS COUNTY OF DAUPHIN I' 1RENE KR-CER . being duly sworn according to law deposes and says that I am the Plaintiff in the foregoing action; that the facts and alle,ations contained herein are based upon facts given by me to my counsel and are true and correct to the best of my knowlege, information, and belief; that the language of said CCWLAINf is that of my counsel and that I have relied upon counsel in makin this OWPIAINT information. bayed upl,n m. Sworn to and subscribed before me. a Notarv public, this 21 st day of July 1999 WwORIE AtNAW?? Af. y°", srt vr: o?r,v ro.w• :.F'44 R, IF!t & fJ nJ 1 ? vl I` V •II v/ IJ _ ?1l lJ I? N v 0 x ? S d W ? N m x WA90[.INI.e110.tl1911Y 1tlY0t4 ytl [et10 DD 91a ' i0 HOISInIp tl '1tlOT 3111S yNl •Mf011YNtllINI SHERIFF'S RETURN - REGULAR CASE NO: 1999-04461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRUGER HARRY ET AL VS. PERAGINE ANN E DAVID E. MCKINNEY , sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT, REQUEST was served upon PERAGINE ANN E the defendant, at 16:45 HOURS, on the 30th day of July 1999 at 16 EASTGATE DRIVE CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ANN PERAGINE a true and attested copy of the NOTICE AND COMPLAINT, REQUEST together with FOR PRODUCTION OF DOCUMENTS, INTERROGATORIES _ and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 8.06 j .rte 1 Affidavit .00 Surcharge 8.00 omas ine, eri $34.UbSHOL %199gGER &&?JANUZZI by epu y eri Sworn and subscribed to before me this Z.,ut day of 19c _ A.D. Fro nonocary \05 A\LIAB\MLW.1,PGU4126\MMB\15000\50000 HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of Defendant, Ann E. Peragine, in connection with the above-referenced case. DATE: U j Z'7 /q j MARSHALL, D COLEMAN & BY: D ' V/V" L MATTHEW L. OWEN 100 Pine Street - 4th Fl. P.O. Box 803 , WARNER, Harrisburg, PA 17108-0803 I.D. 76080 (717)232-9324 ATTORNEY FOR DEFENDANT ANN E. PERAGINE CERTIFICATE OF SERVICE I, Susan Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisvilly of August, 1999 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 SUSAN WILLIAMS C: r c: w ?.. Cl) ct O ? U , HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant TO: PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4461 CIVIL TERM : CIVIL ACTION-LAW : JURY TRIAL DEMANDED You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: Wbdd '#-, MATTHEW L. OWEN , S IRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 I.D. No. 76080 (717) 232-9324 Attorneys for Defendant Ann E. Peragine DATE: 101 (0 1 1 q \05-A\LIAa\M LO\LLPGV 4129\MM K\ 13200\039 W HARRY KRUGER and IRENE KRUGER, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. ANN E. PERAGINE, Defendant NO. 99-4461 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED DEF:ENDANT'S ANSWER WITH NFw MATTER TO ELAINTIFF ' OMUAW1 Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 1 and therefore the same are denied and strict proof thereof is required at trial. 2. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 1 and therefore the same are denied and strict proof thereof is required at trial. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that an accident occurred between the parties on February 17, 1998 at approximately 7:00 p.m. at the intersection of Trindle Road and Central Boulevard in Cumberland County, Pennsylvania. The remaining allegations are denied to the extent they seek to prove liability or assert liability against Defendant, Ann Peragine. 5. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 1 and therefore the same are denied and strict proof thereof is required at trial. 6. Admitted. Admitted in part; denied in part. It is admitted that a stop sign at some point governed traffic in the direction the Defendant was travelling. It is denied that a stop sign governed the Defendant under the facts and circumstances of this case as plead. 8. Denied. It is denied that the Defendant proceeded through a stop sign without stopping first, looked to ensure a clear travel path onto Trindle Road and pulling on to Trindle Road. To the contrary, the Defendant prudently operated her vehicle under the facts and circumstances of this case. This paragraph is further denied in that the same contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 9(a) - (e). Denied. Paragraph 9 together with its subparts contain conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. COUNT II HARRY KRUGE.R V. ANN E. PERAGINE 10. Paragraphs 1 through 9 of Defendant's Answer are incorporated herein by reference as if set forth at length. I 1(a) -0). Denied. Paragraph I 1 together with its subparts contain conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 12. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 13. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 14. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 15. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant demands judgment against Plaintiff Harry Kruger together with such costs as this Honorable deems appropriate. COUNT III LOSS OF CONSORTIUM CLAIM IRE.NE KRUGER V. ANN E. PE.RAGINE 16. Paragraphs I through 15 of Defendant's Answer are incorporated herein as if set forth at length. 17. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant demands judgment against Plaintiff Irene Kruger together with such costs as this Honorable deems appropriate. COUNT IV COMPENSATORY DAMAGES CLAIM IRENE KRUGER V ANNE PERA IN 18. Paragraphs I through 17 of Defendant's Answer are incorporated herein as if set forth at length. 19(a) - (g). Denied. Paragraph 19 together with its subparts contain conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 20. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 21. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 22. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 23. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. 24. Denied. This paragraph contains conclusions of law to which no response is required and therefore the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant demands judgment against Plaintiff Irene Kruger together with such costs as this Honorable deems appropriate. NEW MATTER 25. Plaintiffs' claims are barred by the applicable statute of limitations. 4 26. Plaintiffs have failed to state a cause of action upon which relief can be granted. 27. Plaintiffs are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs' alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 29. Any and all injuries and/or damages as described by Plaintiffs in their Complaint, the same being expressly denied, were caused in whole or in part, by the acts or omissions on the part of Plaintiffs and/or others over whom Defendant had no control nor right of control. 30. Plaintiffs' claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 31. Plaintiffs' claims are derivative in nature, and are barred as a matter of law. 32. Defendant breached no duty of care owed to Plaintiffs under the circumstances. 33. Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 34. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 35. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 36. Plaintiffs' negligent operation of their motor vehicle was the sole and proximate cause of all alleged injuries and damages. 37. Plaintiffs' Complaint and or claims are barred by their selection of limited tort as set forth by 75 Pa. C,S.A. § 1705. WHEREFORE, Defendant Ann E. Peragine demands judgment in her favor and against the Plaintiffs together with all costs this Honorable Court deems appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: 10I& 191 BY. Matthew L. Owens, Est 100 Pine Street - 4th Floor P.O. Box 803 Harrisburg, PA 17108 I.D. No. 76080 (717) 232-9324 Attorneys for Defendant, Ann E. Peragine VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer of Defendant Ann E. Peragine to Plaintiffs' Complaint with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs' Complaint, are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: /"21 Ann E. Peragine ?? I, Susan Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this -7- day of October, 1999 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 SUSAN WILLIAMS r .r? >- c ? - '1 _ ?_ ; '" ' c?: c ; r.. . ?-- - ? _ r r ? , ?.. _ i : " ?-- t c. ? - : L?; - ,? SHOLLENBERGER & J ANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorney for Plaintiff HARRY KRUGER & IRENE KRUGER, Husband & Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANN E. PERAGINE, Defendant NO. 99-4461 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW comes Plaintiffs, Harry Kruger and Irene Kruger, by their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully respond to Defendant's New Matter as follows: 25 - 37. Paragraphs 25 - 37 are conclusions of law and to that extent require no answer. To the extent that an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs, Harry Kruger and Irene Kruger, respectfully request this Honorable Court dismiss Defendant's New Matter and enterjudgment in favor of Plaintiffs as a matter of law. DATED: October / J, 1999 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By CERTIFICATE OF SERVICE I, Timothy A. Shollenberger, Esquire, of the law firm of Shollenberger & Januzzi, LLP, hereby state that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon all counsel of record by first class mail, postage prepaid, addressed as follows, on the date set forth below: Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman and Goggin 100 Pine Street, 4`n Floor P. O. Box 803 Harrisburg, PA 17108-0803 DATED: October / 9 , 1999 Q ch c wfl tf' (V n'3 4'?? CYN 4 o (13 0. L ccn N v 2 0 0 i W ? ? C W e y d a 0 x NM W)N.LOiSIL0 18 IIE•,p LID,4 O4 JNI tYNdLYNtl31N1 ?LV1511, 10 N(I?SIIJO Y'lv'J 3,, hll 31V1i lIv i i S HARRY KRUGER and IRENE KRUGER, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. ANN E. PERAGINE, Defendant NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO NOTE STAY OF PROCEEDINGS TO THE PROTHONOTARY: In accordance with the amended Order of the Circuit Court of the Second Judicial District in and for Leon County, Florida, dated May 10, 2002, paragraph 40 a-f therefore, a copy of which is attached hereto, kindly note on the docket an automatic stay from May 10, 2002 of all proceedings in this matter, which involves a party which in Aries Insurance Company is obligated to defend. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DATE: '?F//a't- S" Cjjg>n. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Additional Defendant SOS A\LIAB\S1B\SLPG\I 04614\ELZ 13200\03964 CERTIFICATE OF SERVICE 1, Elizabeth L. Ziegler, an1eemployee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this / ?'s day of September, 2002 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI,LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 ELIZABETH L. ZIEGL R A Cartifed Copy o w Attes . IN THE CIRCUIT COURT OF THE Clerk of Circuit Court SECOND JUDICIAL CIRCUIT t.:a:rt County, Florida IN AND FOR LEON COUNTY, FLORID In Re: The Receivership of ARIES CASE NO.: 02-CA-1128 INSURANCE COMPANY, a Florida corporation. AMENDED ORDER APPOINTING THE FLORIDA DEPARTMENT OF INSURANCE AS RECEIVER FOR PURPOSES OF REHABILITATION, INJUNCTION AND NOTICE OF AUTOMATIC STAY THIS CAUSE was considered on the Petition of the Florida Department of Insurance for entry of a consent order of rehabilitation of Aries Insurance Company (hereafter "Respondent'), The Court having reviewed the pleadings of record, having heard presentation of counsel, and otherwise being fully informed in the premises, finds: 1. Aries Insurance Company is a Florida corporation with its principal place of business at 500 N.W. 165'h Street Road, Miami, Florida 33169, and is a domestic insurer authorized to transact an insurance business in this state. This address was incorrectly shown on original order. 2. Section 631.051, Florida Statutes (2001), authorizes the Department to apply to this Court for an order directing it to rehabilitate a domestic insurer upon the existence of any of the grounds specified therein. 3. Sections 631.061 and 631.051(11), Florida Statutes (2001), authorize the Department to apply to this Court for an order directing it to rehabilitate _ domestic insurer upon the ground that the insurer has consented to such an order through a majority of its directors, stockholders, members, or subscribers. 4. Respondent' has consented to the appointment of the Department as Receiver for purposes of rehabilitation. 5. The Department is appointed Receiver without further delay to protect the asses of respondent for the benefit of its policyholders, creditors and the public. 6. Section 631.041(1), Florida Statutes (2001), provides that the filing of a petition for order to show cause or a petition for a consent order of conservation, rehabilitation or liquidation operates as an automatic stay of certain actions. i 7. Sections 631.041(3) and (4), Florida Statutes (2001), authorize this Court to enter such' injunctions, as it deems appropriate to protect the remaining assets of the Respondent and prevent interference with the conduct of these proceedings. THERFORE, IT IS ORDERED AND ADJUDGED: 8. For all purposes set out herein the phrase "its officers, directors, trustees, employees, managers, adjusters, consultants, attorneys, agents or affiliates" includes, but is not limited to: a. The Firemark Global Insurance Fund, L.P. b. The Fenix Group, Inc. c. Onyx Insurance Group, Inc. d. Green Tree Insurance Group, Inc. e. Onyx Underwriters, Inc. f. Gamma Adjusters, Inc. g. Insurance Collections Services, Inc. h. Omega Finance Corporation i. Octagon Computer Solutions j. Continental Premium Finance Co. Inc. k. Southern Inspections Group, Inc. 1. Golden Glades Offices, Inc. in. Segurous Carabobo, C.A. n. Paul Fraynd, President and Director o. Saul Fraynd, Secretary and Director p. Fanny Fraynd, Treasurer, Vice-President and Director q. Gladys Fraynd, Vice-President and Director r. Marcos Fraynd, Director s. Tamara Fraynd, Director t. Salomon Singer, Director 9. The Department of Insurance of the State of Florida is appointed Receiver of Respondent for purposes of rehabilitation and as Receiver is authorized and directed to: 10. Conduct the business of Respondent and take all steps, as the Court may direct, toward the removal of the causes and conditions, which have made the order of rehabilitation 2 necessary and to take such further action, as the Receiver deems necessary of appropri ate, to reform and revitalize the Respondent. 11. Take immediate possession of all the property, assets and estate, and all other property of every kind whatsoever and wherever located belonging to, or in the possession of, Respondent, pursuant to Sections 631.101 and 631.141, Florida Statutes, including but not limited to: all offices maintained by Respondent, rights of action, books, papers, date processing records, evidences of debt, bank accounts, savings accounts, certificates of deposit, stocks, bonds, debentures and other securities, mortgages, furniture, fixtures, office supplies and equipment, and all real property of the Respondent, wherever situate, whether in the possession of Respondent or its officers, directors, employees, managers, consultants, trustees, adjusters, attorneys, agents, or affiliates. 12. Appoint one or more special agents and employ and authorize the compensation of legal counsel, actuaries, accountants, clerks, consultants and such assistants as it deems necessary, purchase or lease personal or real property as it deems necessary, and authorize the payment of the expenses of these proceedings and the necessary incidents thereof, as approved by the Court, to be paid out of the funds or assets of the Respondent in the possession of the Receiver or coming into its possession. 13. Reimburse such employees, from the funds of this receivership, for their actual necessary and reasonable expenses incurred while traveling on the business of this receivership. 14. Not defend or accept service of process on legal actions wherein the Respondent, the Receiver, or the insured is a party defendant, commenced either prior to or subsequent to this order, without authorization of this Court; except, however, in actions where Respondent is a nominal party, as in certain foreclosure actions, and the action does not affect a claim against, or adversely affect the assets of Respondent, the Receiver may file appropriate pleadings in its discretion. 15. That process servers shall not serve any paper on the Respondent or the Receiver, except as set out in paragraph 14, absent permission of this Court or waiver by the Receiver. 16. Commence and maintain all legal actions necessary, wherever necessary, for the proper administration of this receivership proceeding. 3 17. Collect any and all debts which are economically feasible to collect which are due and owing to the Respondent, including but not limited to, funds or premiums held by agents of Respondent under agency contracts or otherwise. 18. Deposit funds and maintain bank accounts in accordance with Section 631.221, Florida Statutes (2001). 19. Take possession of all Respondent's securities and certificates of deposit on deposit with the Treasurer of Florida, if any, and convert to cash or reinvest as much as may be necessary, in its judgment, to pay the expenses of administration of this receivership, or otherwise best benefit the estate. 20. Apply to this Court for further instructions in the discharge of its duties as may be necessary. IT IS FURTHER ORDERED AND DIRECTED: 21. Any officer, director, manager, trustee, attorney, agent, actuary, broker, employee, r adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises, or exercised, any control over any segment of Respondent's affairs, or the affairs of its affiliates, shall fully to cooperate with the Receiver, pursuant to Section 631.391, Florida Statutes (2001). 22. Title to all property, real or personal, all contracts, rights of action and all books and records of Respondent, wherever located, shall be vested in the Receiver, pursuant to Sections 631.101 and 631.141, Florida Statutes (2001). 23. The Receiver is granted all of the powers of the Respondent's directors, officers and managers, whose authority is suspended, except as such powers are re-delegated by the Receiver. The Receiver has full power to direct and manage the affairs of Respondent, to hire and discharge employees, and to deal with the property and business of the Respondent. 24. All attorneys employed by Respondent as of the date of this Order, within 10 days notice of the Order, shall report to the Receiver on the name, company claim number and status of each file they are handling on behalf of the Respondent. Said report should also include an accounting of any funds received from or on behalf of the Respondent. All attorneys employed by Respondent are advised that pursuant to Section 631.011(17), Florida Statutes, a claim based on mere possession does not 4 create a secured claim and all attorneys employed by Respondent, pursuant to in' Re the Receivership of Syndicate Two Inc 538 So.2d 945 (Fla. 1" DCA 2001), who are in possession of litigation files or other material, documents or records belonging to or relating to work performed by the attorney on behalf of Respondent should be required to deliver such litigation files, material, documents or records intact and without purging to the Receiver, on request, notwithstanding any claim of a retaining lien which, if otherwise valid, should not be extinguished by the delivery of these documents. 25. All agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of the Respondent shall account for and pay all premiums and commissions owed to the Respondent directly to the Receiver within 30 days of demand by the Receiver or appear before this Court to show cause, if any they may have, as to why they should not be required to account to the Receiver or be held in contempt of Court for violation of the provisions of the Order. No agent, broker, premium finance company or other person may use premium monies owed to the Respondent for any purpose other than payment to the Receiver. 26. Any premium finance company, which has entered into a contract to finance a premium for a policy, which has been issued by the Respondent, shall pay any premium owed to the Respondent directly to the Receiver. 27. Reinsurance premiums due to or payable by the Respondent will be remitted to, or disbursed by, the Receiver. The Receiver will handle reinsurance losses recoverable or payable by the Respondent. All correspondence concerning reinsurance should be between the Receiver and the reinsuring company or intermediary. 28. Upon request by the Receiver, any company providing telephonic services to the Respondent will provide a reference of calls from the number presently assigned to the Respondent to any such number designated by the Receiver or perform any other services or changes necessary to the conduct of the receivership. 29. Any bank, savings and loan association, financial institution or any other entity or person, which has on deposit or in its possession, custody or control any funds, accounts and any other assets of the Respondent shall immediately transfer title, custody and control of all such funds, accounts or assets to the Receiver. The Receiver is authorized to change the name of such accounts and other assets, withdraw them I s from such bank, savings and loan association or other financial institution, or take any' lesser action necessary for the proper conduct of this receivership. No bank, savings and loan association, other financial institution, is permitted to exercise any form of set-off, alleged set-off, lien, or any form of self-help whatsoever, or refuse to transfer any funds or assets to the Receiver's control without the permission of this Court. 30. Any entity furnishing water, electric, telephone, sewage, garbage or trash removal services to Respondent shall maintain such service and transfer any such accounts to the Receiver as of the date of this order, unless instructod to the contrary by the Receiver. 31. Any data processing service which has custody or control of any data processing information and records including but not limited to source documents, data processing cards, input tapes, all types of storage information, master tapes or any other recorded information relating to the Respondent shall transfer custody and control of such records to the Receiver. The Receiver is authorized to compensate any such entity for the actual use of hardware and software, which the Receiver finds to be necessary to this proceeding. Compensation should be based upon the monthly rate provided for in contracts or leases with Respondent which were in effect when this proceeding was instituted, or based upon such contract as may be negotiated by the Receiver, for the actual time such equipment and software is used by the Receiver. 32. The United States Postal Service is directed to provide any information requested by the Receiver regarding the Respondent and to handle future deliveries of Respondent's mail as directed by the Receiver. 33. All insurance policies, bonds or similar contracts of coverage issued by the Respondent shall remain in full force and effect until further Order of this Court, except where cancelled in the normal course of business or upon the normal expiration date thereof. Any policy cancellations initiated by insureds shall be prospective only. 34. All affiliated companies and associations shall make their books and records available to the Receiver, to include all records located in any premises occupied by said affiliate, whether corporate records or not, and to provide copies of any records requested by the Receiver whether or not such records are related to Respondent. i 6 The Receiver has title to all policy files and other records of, and relating to Respondent, whether such documents are kept in offices occupied by an affiliate company or any other person, corporation, or association. The Receiver is authorized to take possession of any such records, files, and documents, and to remove them to any location in the Receiver's discretion. Any disputed records shall not be withheld from the Receiver's review, but should be safeguarded and presented to this Court for review prior to copying by the Receiver. 35. The Receiver shall have complete access to all computer records of the Respondent and its affiliates at all times including but not limited to Respondent's computer records. The Receiver is authorized to backup the computer records of Respondent and its affiliates and safeguard that backup in a secure location. 36. Any person, firm, corporation or other entity having notice of this Order that fails to abide by its terms may be directed to appear before this Court to show good cause, if any they may have, as to why they should not be held in contempt of Court for violation of the provisions of this Order. 37. Pursuant to Sections 631.041(3) and (4), Florida Statutes, all persons, firms, corporations and associations within the jurisdiction of this Court, including, but not limited to, Respondent and its officers, directors, stockholders, members, subscribers, agents, employees and affiliates, is enjoined and restrained from doing, doing through omission, or permitting to be done any action which might waste or dispose of the books, records and assets of the Respondent; from in any means interfering with the Receiver or these proceedings; from the transfer of property and assets of Respondent without the consent of the Receiver; from the removal, concealment, or other disposition of Respondent's property, books, records, and accounts; from the commencement or prosecution of any actions against the Respondent or the Receiver together with its agents or employees, the service of process and subpoenas, or the obtaining of preferences, judgments, writs of attachment or garnishment or other liens; and from the making of any levy or execution against Respondent or any of its property or assets. Notwithstanding the provisions of this paragraph, the Receiver is permitted to accept and be subpoenaed for non-party production of claims files in its possession, including medical records, which may be contained therein. In such cases, the requesting party must submit an affidavit to the Receiver stating that notice 7 of the non-party production was appropriately issued and provided to the patient and` that the patient was given the opportunity to object and either did not object to the non-party production, or objected and the Court overruled the objection, in which case a copy of the Court's ruling must be attached to the affidavit. The Receiver is authorized to impose a charge for copies of such claim files pursuant to the i provisions of Section 119.07(l)(a), Florida Statutes. 38. The Receiver is authorized to conduct an investigation as authorized by Section 631.391, Florida Statutes, of Respondent and its affiliates, as defined above, to make fully available to the Court the state of Respondent's financial affairs. In furtherance of this investigation, Respondent and any parent corporations, subsidiaries, and affiliates shall make all books, documents, accounts, records, and affairs, which either belong to or pertain to the Respondent, available for full, free and unhindered inspection and examination by the Receiver during normal business hours (9:00 a.m. 1 to 5:00 p.m.) Monday through Friday, from the date of the Order. The Respondent and the above specified shall cooperate with the Receiver to the fullest extent required by Section 631.391, Florida Statutes. Such cooperation, shall include, but not be limited to, the taking of oral testimony under oath of Respondent's officers, directors, managers, trustees, agents, adjusters, employees, or independent contractors of Respondent, its affiliates and any other person who possesses any executive authority over, or who exercises any control over, any segment of the affairs of Respondent in both their official, representative and individual capacities and the production of all documents that are calculated to disclose the state of Respondent's affairs. 39. Any officer, director, manager, trustee, administrator, attorney, agent, accountant, i actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive i authority over, or who exercises or exercised any control over, any segment of the affairs of Respondent or its affiliates shall fully cooperate with the Receiver as required by Section 631.391, Florida Statutes, and as set out in the preceding paragraph. Upon receipt of a certified copy of the Order, any bank or financial institution shall immediately disclose to the Receiver the existence of any accounts of Respondent and any funds contained therein and any and all documents in its a possession relating to Respondent for the Receiver's inspection and copying,' including but not limited to all records, statements, and information regarding all Respondent's accounts. NOTICE OF AUTOMATIC STAY 40. Notice is hereby given that, pursuant to Section 631.041 (1), Florida Statutes (2001), the filing of the Department's initial petition herein operates as an automatic stay applicable to all persons and entities, other than the Receiver, which shall be permanent and survive the entry of the order, and which prohibits: A. The commencement or continuation of judicial, administrative or other action or proceeding against the insurer or against its assets or any part thereof; B. The enforcement of a judgment against the insurer or an affiliate, provided that such affiliate is owned by or constitutes an asset of Respondent, obtained either before or after the commencement of the delinquency proceeding; C. Any act to obtain possession of property of the insurer; D. Any act to create, perfect or enforce a lien against property of the insurer, except a secured claim as defined in Section 631.011(17), Florida Statutes; E. Any action to collect, assess or recover a claim against the insurer, except claims as provided for under Chapter 631; F. The set-off or offset of any debt owing to the insurer except offsets as provided in Section 631.281, Florida Statutes. 41. All Sheriffs and all law enforcement officials of this state shall cooperate with and assist the Receiver in the implementation of this Order. 42. In the event the Receiver determines that reorganization, consolidation, conversion, reinsurance, merger, or other transformation of the Respondent is appropriate, the Receiver will prepare a plan to effect such changes and submit the plan to this Court for consideration. 43. This Court retains jurisdiction of this cause for the purpose of granting such other and further relief as from time to time shall be deemed appropriate. DONE AND ORDERED in Chambers in Leon County, Tallahassee, Florida this /o day ofd 712002. Circuit Judge 9 t, ; U Z?5 G_i' r [L_ ) tl7 CtJ N ?? CI 7 J' U ?'- 7_ d W t_u LLB ,.n s r• U 0 o U SHOLLENBERGER &L JANUZZI, LLP 1820 LINGLESfOWN ROAD R O. BOX 60545 TIMOTHY A. SHOLLENBERGER HARRISBURG, PA. 17106.0545 (717) 234.3700 KARL 1. JANUZZI Writer's Direct E-mail - tasC_shoiranlaw.com FAX (717) 234.8212 with offices in Elimbethville (717) 362.4472 October 15, 2002 Wilkes-Barre (570) 822.0711 The Honorable Kevin Hess Cumberland County Courthouse One Courthouse Square Carlisle, Pa. 17013 Re: Harry Kruger Dear Judge Hess: I am in receipt of the Order regarding a Stay. I do not oppose the motion and you may enter the appropriate Order making the Rule absolute. Thank you. TAS:lc Cc: Steven Barcavage, Esq.; Harry ?,1. ni \OS MLIAn\SMSITC\I 04608TUN 3200103964 HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY "TRIAL DEMANDED NOTICE OF SUGGESTION OF STAY Defendant, Anne E. Peragine maintains of policy of insurance issued by Aries Insurance Company which policy of insurance has effective dates inclusive of the February 17, 1998 accident which is the subject of this lawsuit. On May 10, 2002, the Circuit Court of the Second Judicial District in and for Leon County, Florida In re: the receivership of Aries Insurance Company, a Florida corporation, Case No. 02-CA-1128, a copy of which is attached hereto as Exhibit "A". The Circuit Court's Order provides in relevant part for and automatic stay applicable to all actions involving Aries Insureds in which Defend submits is applicable therefore to this action. (See, Exhibit "A" at paragraphs 40 a-f). Defendant, Anne F. Peragine therefore respectfully requests that this Honorable Court honor the Circuit Court's Order of May 10, 2002 generally and particularly those provisions set forth at paragraphs 40 a-f therein and direct that this action be stayed indefinitely pending the rehabilitation of Aries Insurance Company. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: E BARCAVAGE, ESQUIRE 78867 4200 Crums Mill Road, Suite B q Harrisburg, PA 17112 DATE: Attorneys for Additional Defendant OCAo 6w /I APPROVED BY THE COURT ?" c,?` ,,s C? .? ? 0 -?, -. A Cartifed Copy o! .y Atest u.a,lk:j:n IN THE CIRCUIT COURT OF THE Clark of Circuit Cmat ? SECOND JUDICIAL CIRCUIT 1 :-,ii County, Florida IN AND FOR LEON COUNTY, FLORID In Re: The Receivership of ARIES INSURANCE COMPANY, a Florida CASE NO.: 02-CA-1128 corporation. AMENDED ORDER APPOINTING THE FLORIDA DEPARTMENT OF INSURANCE AS RECEIVER FOR PURPOSES OF REHABILITATION, INJUNCTION AND NOTICE OF AUTOMATIC STAY THIS CAUSE was considered on the Petition of the Florida Department of insurance for entry of a consent order of rehabilitation of Aries Insurance Company (hereafter "Respondent"). The Court having reviewed the pleadings of record, having heard presentation of counsel, and otherwise being fully informed in the premises, finds: 1. Aries Insurance Company is a Florida corporation with its principal place of business at 500 N.W. 165 h Street Road, Miami, Florida 33169, and is a domestic insurer authorized to transact an insurance business in this state. This address was incorrectly shown on original order. 2. Section 631.051, Florida Statutes (2001), authorizes the Department to apply to this Court for an order directing it to rehabilitate a domestic insurer upon the existence of any of the grounds specified therein. 3. Sections 631.061 and 631.051(11), Florida Statutes (2001), authorize the Department to apply to this Court for an order directing it to rehabilitate a domestic insurer upon the ground that the insurer has consented to such an order through a majority of its directors, stockholders, members, or subscribers. 4. Respondent has consented to the appointment of the Department as Receiver for purposes of rehabilitation. 5. The Department is appointed Receiver without further delay to protect the assets of respondent for the benefit of its policyholders, creditors and the public. 6. Section 631.041(1), Florida Statutes (2001), provides that the filing of a petition for order to show cause or a petition for a consent order of conservation, rehabilitation or liquidation operates as an automatic stay of certain actions. i 7. Sections 631.041(3) and (4), Florida Statutes (2001), authorize this Court to enter such' injunctions, as it deems appropriate to protect the remaining assets of the Respondent and prevent interference with the conduct of these proceedings. THERFORE, IT IS ORDERED AND ADJUDGED: 8. For all purposes set out herein the phrase "its officers, directors, trustees, employees, managers, adjusters, consultants, attorneys, agents or affiliates" includes, but is not limited to: a. The Firemark Global Insurance Fund, L.P. b. The Fenix Group, Inc. c. Onyx Insurance Group, Inc. d. Green Tree Insurance Group, Inc. e. Onyx Underwriters, Inc. f. Gamma Adjusters, Inc. g. Insurance Collections Services, Inc. h. Omega Finance Corporation i. Octagon Computer Solutions j. Continental Premium Finance Co. Inc. k. Southern Inspections Group, Inc. 1. Golden Glades Offices, Inc. m. Segurous Carabobo, C.A. n. Paul Fraynd, President and Director o. Saul Fraynd, Secretary and Director p. Fanny Fraynd, Treasurer, Vice-President and Director q. Gladys Fraynd, Vice-President and Director r. Marcos Fraynd, Director s. Tamara Fraynd, Director t. Salomon Singer, Director 9. The Department of Insurance of the State of Florida is appointed Receiver of Respondent for purposes of rehabilitation and as Receiver is authorized and directed to: 10. Conduct the business of Respondent and take all steps, as the Court may direct, toward the removal of the causes and conditions, which have made the order of rehabilitation 2 necessary and to take such further action, as the Receiver deems necessary or appropriate, to reform and revitalize the Respondent. 11. Take immediate possession of all the property, assets and estate, and all other property of every kind whatsoever and wherever located belonging to, or in the possession of, Respondent, pursuant to Sections 631.101 and 631.141, Florida Statutes, including but not limited to: all offices maintained by Respondent, rights of action, books, papers, data processing records, evidences of debt, bank accounts, savings accounts, certificates of deposit, stocks, bonds, debentures and other securities, mortgages, furniture, fixtures, office supplies and equipment, and all real property of the Respondent, wherever situate, whether in the possession of Respondent or its officers, directors, employees, managers, consultants, trustees, adjusters, attorneys, agents, or affiliates. 12. Appoint one or more special agents and employ and authorize the compensation of legal counsel, actuaries, accountants, clerks, consultants and such assistants as it deems necessary, purchase or lease personal or real property as it deems necessay, and authorize the payment of the expenses of these proceedings and the necessary incidents thereof, as approved by the Court, to be paid out of the funds or assets of the Respondent in the possession of the Receiver or coming into its possession. 13. Reimburse such employees, from the funds of this receivership, for their actual necessary and reasonable expenses incurred while traveling on the business of this receivership. 14. Not defend or accept service of process on legal actions wherein the Respondent, the Receiver, or the insured is a party defendant, commenced either prior to or subsequent to this order, without authorization of this Court; except, however, in actions where Respondent is a nominal party, as in certain foreclosure actions, and the action does not affect a claim against, or adversely affect the assets of Respondent, the Receiver may file appropriate pleadings in its discretion. 15. That process servers shall not serve any paper on the Respondent or the Receiver, except as set out in paragraph 14, absent permission of this Court or waiver by the Receiver. 16. Commence and maintain all legal actions necessary, wherever necessary, for the proper administration of this receivership proceeding. 3 17. Collect any and all debts which are economically feasible to collect which are due'and` owing to the Respondent, including but not limited to, funds or premiums held by agents of Respondent under agency contracts or otherwise. 18. Deposit funds and maintain bank accounts in accordance with Section 631.221, Florida Statutes (2001). 19. Take possession of all Respondent's securities and certificates of deposit on deposit with the Treasurer of Florida, if any, and convert to cash or reinvest as much as may be necessary, in its judgment; to pay the expenses of administration of this receivership, or otherwise best benefit the estate. 20. Apply to this Court for further instructions in the discharge of its duties as may be necessary. IT IS FURTHER ORDERED AND DIRECTED: 21. Any officer, director, manager, trustee, attorney, agent, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises, or exercised, any control over any segment of Respondent's affairs, or the affairs of its affiliates, shall fully to cooperate with the Receiver, pursuant to Section 631.391, Florida Statutes (2001). 22. Title to all property, real or personal, all contracts, tights of action and all books and records of Respondent, wherever located, shall be vested in the Receiver, pursuant to Sections 631.101 and 631.141, Florida Statutes (2001). 23. The Receiver is granted all of the powers of the Respondent's directors, officers and managers, whose authority is suspended, except as such powers are re-delegated by the Receiver. The Receiver has full power to direct and manage the affairs of Respondent, to hire and discharge employees, and to deal with the property and business of the Respondent. 24. All attorneys employed by Respondent as of the date of this Order, within 10 days notice of the Order, shall report to the Receiver on the name, company claim number and status of each file they are handling on behalf of the Respondent. Said report should also include an accounting of any funds received from or on behalf of the Respondent. All attomeys employed by Respondent are advised that pursuant to Section 631.011(17), Florida Statutes, a claim based on mere possession does not 4 create a secured claim and all attorneys employed by Respondent, pursuant to in Re` the Receivership of Syndicate Two Inc, 538 So.2d 945 (Fla. 1" DCA 2001), who are in possession of litigation files or other material, documents or records belonging to or relating to work performed by the attorney on behalf of Respondent should be required to deliver such litigation files, material, documents or records intact and without purging to the Receiver, on request, notwithstanding any claim of a retaining lien which, if otherwise valid, should not be extinguished by the delivery of these documents. 25. All agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of the Respondent shall account for and pay all premiums and commissions owed to the Respondent directly to the Receiver within 30 days of demand by the Receiver or appear before this Court to show cause, if any they may have, as to why they should not be required to account to the Receiver or be held in contempt of Court for violation of the provisions of the Order. No agent, broker, premium finance company or other person may use premium monies owed to the Respondent for any purpose other than payment to the Receiver. 26. Any premium finance company, which has entered into a contract to finance a premium for a policy, which has been issued by the Respondent, shall pay any premium owed to the Respondent directly to the Receiver. 27. Reinsurance premiums due to or payable by the Respondent will be remitted to, or disbursed by, the Receiver. The Receiver will handle reinsurance losses recoverable or payable by the Respondent. All correspondence concerning reinsurance should be between the Receiver and the reinsuring company or intermediary. 28. Upon request by the Receiver, any company providing telephonic services to the Respondent will provide a reference of calls from the number presently assigned to the Respondent to any such number designated by the Receiver or perform any other services or changes necessary to the conduct of the receivership. 29. Any bank, savings and loan association, financial institution or any other entity or person, which has on deposit or in its possession, custody or control any funds, accounts and any other assets of the Respondent shall immediately transfer title, custody and control of all such funds, accounts or assets to the Receiver. The Receiver is authorized to change the name of such accounts and other assets, withdraw them 5 from such bank, savings and loan association or other financial institution, or take any" lesser action necessary for the proper conduct of this receivership. No bank, savings and loan association, other financial institution, is permitted to exercise any form of set-off, alleged set-off, lien, or any form of self-help whatsoever, or refuse to transfer any funds or assets to the Receiver's control without the permission of this Court. 30. Any entity furnishing water, electric, telephone, sewage, garbage or trash removal services to Respondent shall maintain such service and transfer any such accounts to the Receiver as of the date of this order, unless instructed to the contrary by the Receiver. 31. Any data processing service which has custody or control of any data processing information and records including but not limited to source documents, data processing cares, input tapes, all types of storage information, master tapes or any other recorded in;crrnatinn rptge: ng to the Respondent shall transfer custody and a control of such records to the Receiver. The Receiver is authorized to compensate any such entity for the actual use of hardware and software, which the Receiver finds to be necessary to this proceeding. Compensation should be based upon the monthly rate provided for in contracts or leases with Respondent which were in effect when this proceeding was instituted, or based upon such contract as may be negotiated by the Receiver, for the actual time such equipment and software is used by the Receiver. 32. The United States Postal Service is directed to provide any information requested by the Receiver regarding the Respondent and to handle future deliveries of Respondent's mail as directed by the Receiver. 33. All insurance policies, bonds or similar contracts of coverage issued by the Respondent shall remain in full force and effect until further Order of this Court, except where cancelled in the normal course of business or upon the normal expiration date thereof. Any policy cancellations initiated by insureds shall be prospective only. 34. All affiliated companies and associations shall make their books and records i available to the Receiver, to include all records located in any premises occupied by said affiliate, whether corporate records or not, and to provide copies of any records requested by the Receiver whether or not such records are related to Respondent. I 6 The Receiver has title to all policy files and other records of, and relating to` Respondent, whether such documents are kept in offices occupied by an affiliate company or any other person, corporation, or association. The Receiver is authorized to take possession of any such records, files, and documents, and to remove them to any location in the Receiver's discretion. Any disputed records shall not be withheld from the Receiver's review, but should be safeguarded and presented to this Court for review prior to copying by the Receiver. 35. The Receiver shall have complete access to all computer records of the Respondent and its affiliates at all times including but not limited to Respondent's computer records. The Receiver is authorized to backup the computer records of Respondent and its affiliates and safeguard that backup in a secure location. 36. Any person, fine, corporation or other entity having notice of this Order that fails to abide by its terms may be directed to appear before this Court to show good cause, if any they may have, as to why they should not be held in contempt of Court for violation of the provisions of this Order. 37. Pursuant to Sections 631.041(3) and (4), Florida Statutes, all persons, firms, corporations and associations within the jurisdiction of this Court, including, but not limited to, Respondent and its officers, directors, stockholders, members, subscribers, agents, employees and affiliates, is enjoined and restrained from doing, doing through omission, or permitting to be done any action which might waste or dispose of the books, records and assets of the Respondent; from in any means interfering with the Receiver or these proceedings; from the transfer of property and assets of Respondent without the consent of the Receiver; from the removal, concealment, or other disposition of Respondent's property, books, records, and accounts; from the commencement or prosecution of any actions against the Respondent or the Receiver together with its agents or employees, the service of process and subpoenas, or the obtaining of preferences, judgments, writs of attachment or garnishment or other liens; and from the making of any levy or execution against Respondent or any of its property or assets. Notwithstanding the provisions of this paragraph, the Receiver is permitted to accept and be subpoenaed for non-party production of claims files in its possession, including medical records, which may be contained therein. In such cases, the requesting party must submit an affidavit to the Receiver stating that notice 7 of the non-party production was appropriately issued and provided to the patient and that the patient was given the opportunity to object and either did not object to the non-party production, or objected and the Court overruled the objection, in which case a copy of the Court's ruling must be attachad to the affidavit. The Receiver is authorized to impose a charge for copies of such claim files pursuant to the provisions of Section I I9.07(1)(a), Florida Statutes. 38. The Receiver is authorized to conduct an investigation as authorized by Section 631.391, Florida Statutes, of Respondent and its affiliates, as defined above, to make fully available to the Court the state of Respondent's financial affairs. In furtherance of this investigation, Respondent and any parent corporations, subsidiaries, and affiliates shall make all books, documents, accounts, records, and affairs, which either belong to or pertain to the Respondent, available for full, free and unhindered inspection and examination by the Receiver during normal business hours (9:00 a.m. to 5:00 p.m.) Monday through Friday, from the date of the Order. The Respondent and the above specified shall cooperate with the Receiver to the fullest extent required by Section 631.391, Florida Statutes. Such cooperation. shall include, but not be limited to, the taking of oral testimony under oath of Respondent's officers, directors, managers, trustees, agents, adjusters, employees, or independent contractors of Respondent, its affiliates and any other person who possesses any executive authority over, or who exercises any control over, any segment of the affairs of Respondent in both their official, representative and individual capacities and the production of all documents that are calculated to disclose the state of Respondent's affairs. 39. Any officer, director, manager, trustee, administrator, attorney, agent, accountant, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises or exercised any control over, any segment of the affairs of Respondent or its affiliates shall fully cooperate with the Receiver as required by Section 631.391, Florida Statutes, and as set out in the preceding paragraph. Upon receipt of a certified copy of the Order, any bank or financial institution shall immediately disclose to the Receiver the existence of any accounts of Respondent and any funds contained therein and any and all documents in its a possession relating to Respondent for the Receiver's inspection and copying,' including but not limited to all records, statements, and information regarding all Respondent's accounts. NOTICE OF AU'rOMATIC STAY 40. Notice is hereby given that, pursuant to Section 631.041 (1), Florida Statutes (2001), the filing of the Department's initial petition herein operates as an automatic stay applicable to all persons and entities, other than the Receiver, which shall be permanent and survive the entry of the order, and which prohibits: A. The commencement or continuation of judicial, administrative or other action or proceeding against the insurer or against its assets or any part thereof; B. The enforcement of a judgment against the insurer or an affiliate, provided that such affiliate is owned by or constitutes an asset of Respondent, obtained either before or after the commencement of the delinquency proceeding; C. Any act to obtain possession of property of the insurer; D. Any act to create, perfect or enforce a lien against property of the insurer, except a secured claim as defined in Section 631.011(17), Florida Statutes; E. Any action to collect, assess or recover a claim against the insurer, except claims as provided for under Chapter 631; F. The set-off or offset of any debt owing to the insurer except offsets as provided in Section 631.281, Florida Statutes. 41. All Sheriffs and all law enforcement officials of this state shall cooperate with and assist the Receiver in the implementation of this Order. 42. In the event the Receiver determines that reorganization, consolidation, conversion, reinsurance, merger, or other transformation of the Respondent is appropriate, the Receiver will prepare a plan to effect such changes and submit the plan to this Court for consideration. 43. This Court retains jurisdiction of this cause for the purpose of granting such other and further relief as from time to time shall be deemed appropriate. DONE AND ORDERED in Chambers in Leon County, Tallahassee, Florida this /D day /t'1?{/ of9,pfT!2002. Circuit Judge 9 cli Z W i Li N O `?; U HARRY KRUGER AND IN THE COURT OF COMMON PLEAS OF IRENE KRUGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW ANN E. PERAGINE, Defendant No. 99-4461 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of a motion filed by Plaintiffs, counsel, Timothy A. Shollenberger, Esquire, requesting that the case be stricken from the purge list, and no objection having been presented in open court, the motion is granted, the case is stricken from the purge list, and the case shall remain open. Timothy A. Shollenberger, Esqu For the Plaintiffs /Matthew Owens, Esquire l For the Defendant Court Administrator wcy tvR By the Court, SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 HARRY KRUGER & IRENE KRUGER, Husband & Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANN E. PERAGINE, Defendant NO. 99-4461 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE, AND SATISFY TO: Curt Long Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 Please be advised that the above-referenced case has been settled. Kindly discontinue and satisfy the docket. Respectfully submitted, SSHHOLLLL'ENNBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. Attorney I.D. # 34343 Date: SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 HARRY KRUGER & Husband & Wife, Plaintiffs V. ANN E. PERAGINE, Defendant IRENE KRUGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 13th day of October, 2003, 1 hereby certify that I have served the following Praecipe to Settle, Discontinue and Satisfy on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen J. Barcavage, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Timothy A. Shollenberger, Esq. Attorney I.D. # 34343 ?: i_ . .. lJ HARRY KRUGER and IRENE KRUGER, Plaintiffs VS. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: NOTICE OF SUGGESTION OF STAY ORDER AND NOW, this day of February, 2003, following telephone conference with counsel, it is ordered and directed that the above captioned action is STAYED for a period of six (6) months from November 14, 2002. BY THE COURT, Kevin,X.. Hess, J. Timothy Shollenberger, Esquire For the Plaintiffs Stephen Barcavage, Esquire For the Defendant Am .. ;,'r? 1 ?:.': ?'???. JAN 3 1 2003 V SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff HARRY KRUGER and IRENE KRUGER, His Wife, Plaintiffs, V. ANN E. PERAGINE, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of 2003, upon consideration of the foregoing petition, it is hereby ordered that: (1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) The respondent shall file an answer to the petition within twenty days of service upon the respondent; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) Petitioner's Depositions shall be completed within days of this date; (5) Notice of the entry of this order shall be provided to all parties by the petitioner. (J-) SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff HARRY KRUGER and IRENE KRUGER, His Wife, Plaintiffs, V. ANN E. PERAGINE, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PETITION IN OPPOSITION TO NOTICE OF SUGGESTION OF STAY AND NOW come the Petitioner's, Harry and Irene Kruger, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Petitioners initiated the above-captioned action against the Ann E. Peragine, Respondent, an insured of Aries Insurance Company. 2. Pennsylvania is not a direct action state so an insurer cannot be sued directly for claims arising out of the tortious acts of its insureds. 3. On November 14, 2002, the Circuit Court of the Second Judicial District in and for Leon County, Florida issued a consent order which is the subject of a Notice of Suggestion of Stay filed by the Respondent on or about January 17'h, 2003. 4. Respondent has asked this Honorable Court to direct that the above - captioned action be stayed indefinitely and cites paragraphs 51a-f and 52 of the Circuit Court's order in support thereof. 5. Petitioner respectfully submits that paragraphs 51 a-f only pertain to direct actions against the insurer or its assets and does not pertain to the above-captioned action. 6. Petitioner respectfully submits that paragraph 52 does pertain to this action in that it stays for six months or for a period of six months if granted by a court of competent jurisdiction all proceedings in which Aries Insurance Company is "obligated to defend a party in any court". 7. Respondent has presented no basis for this Honorable Court extending the stay beyond the six month default rule as set forth in paragraph 52 of the Circuit Court's order. WHEREFORE, the Petitioners respectfully request this Honorable Court issue an Order that it will honor the Court's order and that the above-captioned action is stayed for six months from November 14, 2002. Date: January 27, 2003 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff HARRY KRUGER and IRENE KRUGER, His Wife, Plaintiffs, V. ANN E. PERAGINE, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW on this 27th day of Januarv, 2003, 1 hereby certify that I have served the following Petition in Opposition to Notice of Suggestion of Stay on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Steven J. Barcavage, Esq. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Respectfully submitted, , Esq. Date: January 27, 2003 u. _ 1 .J n O7 A 1 :. CL U I i? I I HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SUGGESTION OF STAY Defendant, Anne E. Peragine maintains of policy of insurance issued by Aries Insurance Company which policy of insurance has effective dates inclusive of the February 17, 1998 accident which is the subject of this lawsuit. On November 14, 2002, the Circuit Court of the Second Judicial District in and for Leon County, Florida In re: the receivership of Aries Insurance Company, a Florida corporation, Case No. 02-CA-1128, issued a Consent Order relevant to the above-captioned matter. A copy of which is attached hereto as Exhibit "A". The Circuit Court's Order provides in relevant part for and automatic stay applicable to all actions involving Aries Insureds in which Defend submits is applicable therefore to this action. (See, Exhibit "A" at paragraphs 51 a-f). Defendant, Anne F. Peragine, therefore respectfully requests that this Honorable Court honor the Circuit Court's Consent Order of November 14, 2002 generally, and particularly those provisions set forth at paragraphs 51 a-f and 52 therein, and direct that this action be stayed indefinitely. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY DATE: Z"- S phoOBarcavage, Esquire I No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Additional Defendant APPROVED BY THE COURT J. 1 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA In Re: The Receivership of ARIES INSURANCE COMPANY, f/k/a THE ARIES INSURANCE COMPANY, INC., ORION INSURANCE COMPANY, AMERICAN SKYHAWK INSURANCE COMPANY and THE GREEN TREE CASE NO.: 02-CA-1128 INSURANCE COMPANY, INC. f///a THE GREEN TREE INSURANCE COMPANY, INC, a Pennsylvania corporation), a Florida corporation authorized to transact an insurance business in Florida, THIS CAUSE was considered on the Receiver's Petition for Consent Order Appointing the Florida Department of Insurance (hereafter "Department") as Receiver for Purposes of Liquidation, Injunction and Notice of Automatic Stay. The Court having reviewed the pleadings of record, having heard presentation of counsel, and otherwise beutg fully informed in the premises, finds that: 1. Aries Insurance Company (hereinafter referred to as "Respondent") is a Florida corporation with its principal place of business at 560 N.W. 165'^ Street Road, Miami, Florida 33169, and is a domestic insurer authorized to transact an insurance business in this state. This Court ordered Aries into rehabilitation on May 9, 2002. 2. Section 631.021(3), Florida Statutes, provides that a delinquency proceeding pursuant to Chapter 631, Part 1, Florida Statutes, constitutes the sole and exclusive method of liquidating, rehabilitating, reorganizing, or conserving a Florida domiciled insurer. 3. Section 631.061, Florida Statutes, authorizes the Department to apply to this Court for an order directing the Department to liquidate a domestic insurer upon the existence ofany of the grounds specified in Section 631.051, Fforida Statutes. 4. Section 631.051(11), Florida Statutes, authorizes the Department to apply to this Court for an order directing it to liquidate a domestic insurer upon the ground that the insurer has consented to such an order through a majority of its directors, stockholders, members, or subscribers. 5. On May 9, 2002 this Court entered a Consent Order appointing the Department as Receiver for the purposes of rehabilitation based upon Respondent's consent. 6. On November 14, 2002 Respondent consented to the appointment of the Department as Receiver for purposes of liquidation 7. Respondent is insolvent within the meaning of the provisions of Section 631.011, Florida Statutes, and as defined under Chapter 631, Florida Statutes. 8. It is in the hest interest of Respondent and its creditors and insureds that the relief requested in the petition be granted and that the Department be appointed as Receiver for purposes of liquidation. 9. The automatic stay provided for in Section 631.041(1), Florida Statutes, provides that the filing of a petition for order to show cause or a petition for a consent shall remain in full force and effect and notice of the automatic stay is republished in this order of liquidation. 2 10. Sections 631.041(3) and (4), Florida Statutes, authorize this Court to enter such injunctions as it deems appropriate to protect the remaining assets of the Respondent and prevent interference with the conduct of these proceedings. IT IS THEREFORE ORDERED AND ADJUDGED: 11. The Florida Department of Insurance is hereby appointed Receiver of Respondent for the purposes of liquidation, and is authorized and directed to proceed with the liquidation of Respondent, and to carry out its duties as enumerated under the controlling provisions of Chapter 631, Florida Statutes. 12. Respondent's policies of insurance which are in force as of the date of this Order are cancelled thirty (30) days from the date of this Order, 11:59 p.m., December 16 /4 2002, in accordance with the provisions of Section 631.252, Florida Statutes; provided, however, that any policies of flood insurance issued by Respondent pursuant to the National Flood Insurance Act of 1968, as amended shall not be cancelled. Policies with a normal expiration date, or those policies that are cancelled for non-payment of premium prior to 11:59 p.m., December 14, 2002, shall stand cancelled as of the earlier time and date. 13. In accordance with Section 631.181(3), Florida Statutes, all claims shall be filed with the Receiver on or before 11:59 fi,m., November ?,2 003, or be forever barred and all such claims shall be filed on proof of claim forms provided by the Receiver. 14. The Receiver's report and recommendation on claims as specified in Section 631.182, Florida Statutes, shall contain the pavec(s) or claimant(s) for each claim as it has been filed with the Receiver by submission of a properly executed Proof of Claim form. The Receiver shall make payment to the payee(s) or claimant(s) named on the report. Any 3 and all assignments of claims are a private contract between the payee(s) or claimant(s) and a third party and the Receiver has no administrative responsibility to recognize or reflect the assignment on the report and recommendation. The Receiver shall not be responsible for and shall not recognize or accept any assignment of a claim by the payee(s) or claimant(s) of record to any third party. 15. The Florida Department of Insurance is authorized to cancel and render null and void any certificate of authority issued by the Department of Insurance and required by the Florida Insurance Code in order for Respondent to do business in the State of Florida. 16. Pursuant to Section 631.111(3), Florida Statutes, the corporate existence of Respondent is dissolved. The Secretary of State is directed to reflect such dissolution in its records upon the receipt of a certified copy of this Order. 17. The Receiver is authorized to negotiate and settle subrogation claims and Final Judgments up to and including the sum of $20,000.00 without further order of this Court. 13. The Receiver is authorized to sell salvage recovered, having value of not more than $20,000.00 without further order of this Court. 19. The Receiver shall give notice of this proceeding to Respondent's general agents and licensed agents, pursuant to Section 631.341, Florida Statutes. The general agents and licensed agents shall in turn give notice as required in Section 631.341, Florida Statutes. 20. The Receiver is authorized to coordinate the operation of the receivership with the Florida Insurance Guaranty Association pursuant to Part II of Chapter 631, Florida Statutes, the Florida Workers' Compensation Association pursuant to Part V of Chapter 4 631, Florida Statutes, and, in the Receivers discretion, to enter into such contracts with any applicable guaranty associations as may be required to provide services as are necessary to carry out the purpose of Chapter 631, Florida Statutes. 21. The Receiver is authorized and directed to take immediate possession of all the property, assets and estate, and all other property of every kind whatsoever and wherever located belonging to, or in the possession of, Respondent, pursuant to Chapter 631, Florida Statutes, including but not limited to: all offices maintained by Respondent, rights of action, books, papers, data processing records, evidences of debt, bank accounts, savings accounts, certificates of deposit, stocks, bonds, debentures and other securities, mortgages, investments, software, electronic data, e-mail, websites, furniture, fixtures, office supplies and equipment, and all real property of Respondent, wherever situated, whether in the possession of Respondent or its officers, directors, employees, managers, consultants, trustees, adjusters, attorneys, agents, or affiliates. 22. The Receiver is authorized and directed to liquidate the assets of Respondent including but not limited to funds held by Respondent's agents, sub-agcnts, producing agents, brokers, solicitors, service representative or others under agency contracts or otherwise which are due and unpaid to Respondent including premiums, unearned commissions, agents' balances, agents' reserve funds and subrogation recoveries, appoint one or more special agcnts and employ and authorize the compensation of legal counsel, actuaries, accountants, clerks, consultants and such assistants as it deems necessary, purchase or lease personal or real property as it deems necessary, and authorize the payment of the expenses of these proceedincs and the necessary incidents thereof, as 5 approved by the Court, to he paid out of the funds or assets of Respondent in the possession of the Receiver or coining into its possession. 23. The Receiver is authorized and directed to reimburse such employees, from the funds of this receivership, for their actual necessary and reasonable expenses incurred while traveling on the business of this receivership. 24. The Receiver is authorized and directed to not defend or accept service of process on legal actions wherein Respondent, the Receiver, or the insured is a party defendant, commenced either prior to or subsequent to this order, without authorization of this Court; except, however, in actions where Respondent is a nominal party, as in certain foreclosure actions, and the action does not affect a claim against, or adversely affect the assets of Respondent, the Receiver may file appropriate pleadings in its discretion. 25. Process servers shall not serve any paper on Respondent or the Receiver, except as set out in paragraph 24, absent permission of this Court or waiver by the Receiver. 26. The Receiver is authorized and directed to commence and maintain all legal actions necessary, wherever necessary, for the proper administration of this receivership proceeding. 27. The Receiver is authorized and directed to collect any and all debts which are economically feasible to collect which are due and owing to Respondent, including but not limited to, funds or premiums held by agents of Respondent under agency contracts or otherwise. 6 28. The Receiver is authorized and directed to deposit finds and maintain bank accounts in accordance with Section 631.221, Florida Statutes. 29. The Receiver is authorized and directed to take possession of all of Respondent's securities and certificates of deposit on deposit with the Treasurer of Florida, if any, and convert to cash or reinvest as much as may be necessary, in its judgment, to pay the expenses of administration of this receivership, or otherwise best benefit the estate. 30. The Receiver is authorized and directed to publish notice specifying the time and place fixed for the filing of claims with the Receiver once each week for three consecutive weeks in the Florida Administrative Weekly published by the Secretary of State, and at least once in the Florida Bar News. 31. The Receiver is authorized and directed to apply to this Court for further instructions in the discharge of its duties as may be necessary. 32. Any officer, director, manager, trustee, attorney, agent, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises, or exercised, any control over any segment of Respondent's affairs, or the affairs of its affiliates, shall be fully required to cooperate with the Receiver, pursuant to Section 631.391, Florida Statutes. 33. Title to all property, real or personal, all contracts, rights of action and all hooks and records of Respondent, wherever located, shall be vested in the Receiver, pursuant to Sections 631.1 11 and 631.141, Florida Statutes. 7 34. The Receiver is granted all of the powers of the Respondent's directors, officers and managers, whose authority is suspended. The Receiver has full power to direct and manage the affairs of Respondent, to hire and discharge employees, and to deal with the property and business of Respondent. 35. All attorneys employe( by Respondent (excluding attorneys representing Aries Insurance Company in connection with this rehabilitation and/or liquidation proceeding) as of the date of this Order, within ten (10) days notice of the Order, shall be required to report to the Receiver on the name, company claim number and status of each file they are handling on behalf of Respondent. Said report should also include an accounting of any finds received from, or on behalf of, Respondent. All such attorneys employed by Respondent are advised that pursuant to Section 631,011, Florida Statutes, a claim based on mere possession does not create a secured claim and all attorneys employed by Respondent, pursuant to In Re the Receivership of Syndicate Two Inc., 538 So.2d 945 (Fla. I" DCA 2000), who arc in possession of litigation files or other material, documents or records belonging to or relating to work performed by the attorney on behalf of Respondent is required to deliver such litigation files, material, documents, electronic data, c-mails or records intact and without purging to the Receiver, on request, notwithstanding any claim of a retaining lien which, if otherwise valid, should not be extinguished by the delivery of these documents. All attorneys described herein are hereby discharged as of the date of this Order unless othervisc retained by Receiver. 36. All agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of Respondent are required to account for and pay all premiums, unearned commissions or any other commissions due to cancellation of 8 policies by this Order or in the normal course of business, owed to Respondent directly to the Receiver within 20 days of demand by the Receiver or appear before this Court to show cause, if any they may have, as to why they should not be required to account to the Receiver or be held in contempt of Court for violation of the provisions of the Order. No agent, broker, premium finance company or other person should use premium monies owed to Respondent for refund of unearned premium or for any purpose other than payment to the Receiver. 37. Any premium finance company, which has entered into a contract to finance a premium for a policy, which has been issued by Respondent, is required to pay any premium owed to Respondent directly to the Receiver. 38. Reinsurance premiums due to or payable by Respondent are to be remitted to, or disbursed by, the Receiver. The Receiver will handle reinsurance losses recoverable or payable by the Respondent. All correspondence concerning reinsurance will be between the Receiver and the reinsuring company cr intermediary. 39. Upon request by the Receiver, any company providing telephonic services to Respondent will provide a reference of calls from the number presently assigned to Respondent to any such number designated by the Receiver or perform any other services or changes necessary to the conduct of the receivership. 40. Any bank, savings and loan association, financial institution or any other entity or person, which has on deposit or in its possession, custody or control any funds, accounts and any other assets of Respondent shall immediately transfer title, custody and control of all such funds, accounts or assets to the Receiver and arc hereby instructed that the Receiver has absolute control over such funds, accounts and other assets. The 9 Receiver is authorized to change the name of such accounts and other assets, withdraw them from such bank, savings anti loan association or other financial institution, or take any lesser action necessary for the proper conduct of this receivership. No bank, savings and loan association, or other financial institution is permitted to exercise any form of set-off, alleged sct-of', lien, or any four of self-help whatsoever, or refuse to transfer any finds or assets to the Receiver's control without the permission of this Court. 41. Except for contracts of insurance, all executory contracts to which Respondent was a party are cancelled unless specifically adopted by the Receiver within thirty (30) days of the date of this Order. The rights of the parties to any such contracts are fixed as of the date of the order, and any cancellation under this provision should not be treated as an anticipatory breach of such contracts. 42• Any entity furnishing water, electric, telephone, sewage, garbage or trash removal senriccs to Respondent is required to maintain such service and transfer any such accounts to the Receiver as of the date of this order, unless instructed to the contrary by the Receiver. 43. Any data processing service which has custody or control of any data processing information and records including but not limited to source documents, data processing cards, input tapes, all types of storage information, master tapes or any other recorded information relating to Respondent is required to transfer custody and control of such records to the Receiver. The Receiver is authorized to compensate any such entity for the actual use of hardware and software, which the Receiver finds to be necessary to this proceeding. Compensation will be based upon the monthly rate provided for in contracts or leases with Respondent which were in effect when this proceeding was 10 instituted, or based upon such contract as may be negotiated by the Receiver, for the actual time such equipment and software is used by the Receiver. 44. The United States Postal Service is directed to provide any information requested by the Receiver regarding Respondent and to handle future deliveries of Respondent's mail as directed by the Receiver. The United Slates Postal Service is also directed to continue to forward directly to Aries Insurance Company's place of business, 560 N.W. 165'h Street Road, Miami, Florida 33169, all mail addressed to Onyx Insurance Group, Inc., Onyx Underwriters, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Green Tree Insurance Company, Inc., American Skyhawk Insurance Company, Orion Insurance Company, Omega Finance Corporation, The Fenix Group, Inc., Golden Glades Office Park Condominium until further notice from Receiver. The affiliates shall have the option to appoint a representative (excluding any officers or directors and/or any former officers and directors of Aries and its affiliates) to be present each day (at a time of day mutually agreed upon) for the opening and review of any such mail addressed to them and to retain any such mail which does not pertain to Respondent. In the event the affiliates do not have a representative present, the Receiver agrees that any mail addressed to the affiliates which does not pertain to Respondent will be forwarded to the affiliates within thirty-six (36) hours to a post office box to be supplied to the Receiver by the affiliates. 45. All affiliated companies and associations including, but not limited to, The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Fenix Financial Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium Finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Office Park Condominium Association Ill, Inc., Golden Glades Park Office Park Condominium, The Aries Insurance Group, Inc., American Skyltawk Insurance Group, Inc. EB Group, Inc., Seguros Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., Paul Fraynd, President and Director, Saul Fraynd, Secretary and Director, Fanny Fraynd, Treasurer, Vice-President and Director, Gladys Fraynd, Vice-President and Director, Marcos Fraynd, Director, Tamara Fraynd, Director, Salomon Singer, Director, are directed to make their books and records available to the Receiver, and to provide copies of any records requested by the Receiver. The Receiver has title to all policy files and other records of, and relating to Respondent, whether such documents are kept in offices occupied by an affiliate company or any other person, corporation, or association. The Receiver is authorized to take possession of any such records, files, and documents, and to remove them to any location in the Receiver's discretion. Any disputed records should not be withheld from the Receiver's review, but safeguarded and presented to this Court for review prior to copying by the Receiver. 46. The Receiver shall have complete access to all computer records of Respondent and its affiliates at all times including but not limited to Respondent's computer records. 47. Any person, firm, corporation or other entity having notice of this Order that fails to abide by its terms may be directed to appear before this Court to show good 12 cause, if any they may have, as to why they should not be held in contempt of Court for violation of the provisions of this order. 48. Pursuant to Sections 631.041(3) and (4), Florida Statutes, all persons, firms, corporations and associations within the jurisdiction of this Court, including, but not limited to, Respondent and its officers, directors, stockholders, members, subscribers, agents employees and affiliates, arc hereby enjoined and restrained from doing, doing through omission, or permitting to be dune any action which might waste or dispose of the books, records, electronic data, e-mail, and assets of Respondent or pertaining to Respondent; from in any means interfering with the Receiver or these proceedings; from the transfer of property and assets of Respondent without the consent of the Receiver; from the removal, concealment, or other disposition of Respondent's property, books, records, electronic data, e-mail, and accounts; from the commencement or prosecution of any actions against Respondent or the Receiver, or the service of process and subpoenas, or the obtaining of preferences, judgments, writs of attachment or garnishment or other liens; and from the making of any levy or execution against Respondent or any of its property or assets. Notwithstanding the provisions of this paragraph, the Receiver is permitted to accept and be subpoenaed for non-party production of claims files in its possession, including medical records, which may be contained therein. In such cases, the requesting party must submit an affidavit to the Receiver stating that notice of the non-party production was appropriately issued and provided to the patient and that the patient was given the opportunity to object and either did not object to the non-party production, or objected and the Court overruled the objection, in which case a copy of the Court's ruling must be attached to the affidavit. The Receiver is authorized to impose a 13 charge for copies of such claim files pursuant to the provisions of Section 119.07(I)(a), Florida Statutes. CONTINUATION OF INVESTIGATION 49. The Receiver may conduct an investigation as authorized by Chapter 631, Florida Statutes, of Respondent and its affiliates, as delined above and by Section 631.011(1), Florida Statutes, to uncover and make fully available to the Court the true state of Respondent's financial affairs. In furtherance of this investigation, Respondent and its parent corporations, its subsidiaries, its affiliates and its third party administrator, including but not limited to The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Offices, Inc., Golden Glades Office Park Condominium Association 111, inc., Golden Glades Park Office Park Condominium, The Aries Insurance Group, Inc., American Skyhawk Insurance Group, inc., EB Group, Inc., Segurous Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., any officer, director, manager, trustee, anent, adjuster, employee or independent contractor, shall make all books, documents, accounts, records, and affairs, which either belong to or pertain to Respondent, available for full, free and unhindered inspection and examination and copying (at cost to the Receiver) by the Receiver during normal business hours (9:00 a.m. to 5:00 p.m.) Monday through Friday, from the date of the Order. Respondent and 14 the above-specified entities shall fully cooperate with the Department in accordance with Chapter 631, Florida Statutes. Such cooperation shall include, but not be limited to, the taking of oral testimony under oath of Respondent's officers, directors, managers, trustees, agents, adjusters, employees, or independent contractors of Respondent, its affiliates and any other person who possesses any executive authority over, or who exercises any control over, any segment of the affairs of Respondent in both their official, representative and individual capacities and the production of all documents that arc calculated to disclose the true state of Respondent's affairs. 50. Any officer, director, manager, trustee, administrator, attorney, agent, accountant, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises or exercised any control over, any segment of the affairs of Respondent or its affiliates shall fully cooperate with the Receiver as required by Chapter 631, Florida Statutes and as set out in the preceding paragraph. Upon receipt of a certified copy of the Order, any bank or financial institution is required to immediately disclose to the Receiver the existence of any accounts of Respondent and any funds contained therein and any and all documents in its possession relating to Respondent for the Receiver's inspection and copying, including but not limited to all records, statements. NOTICE OF AUTOMATIC STAY 51. Notice is given that, pursuant to Section 631.041(l), Florida Statutes, the filing of the Department's initial petition herein operates as an automatic stay applicable 15 to all persons and entities, other than the Receiver, which shall be permanent and survive the entry of the order, and which prohibits: A. The commencement or continuation ofjudicial, administrative or other action or proceeding against the insurer or against its assets or any part thereof; B. The enforcement of a judgment against the insurer or an affiliate, provided that such affiliate is owned by or constitutes an asset of Respondent, obtained either before or after the commencement of the delinquency proceeding; C. Any act to obtain possession of property of the insurer; D. Any act to create, perfect or enforce a lien against properly of the insurer, except a secured claim as defined in Section 631.011, Florida Statutes; E. Any action to collect, assess or recover a claim against the insurer, except claims as provided for under Chapter 631; F. The set-off or offset of any debt owing to the insurer except offsets as provided in Section 631.231, Florida Statutes. 52. Notice is further given that, pursuant to Sections 631.67 and 631.924, Florida Statutes, all proceedings in which the Respondent is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative board in this state shall be stayed for six (6) months, or for a period of time eater than six ('6) months from the date of this Order, granted by a court of competent jurisdiction. 16 53. All Sheriffs and all law enforcement officials of this state are required to cooperate with and assist the Receiver in the implementation of this Order. 54. This Court shall retain jurisdiction of this cause for the purpose of granting such other and further relief as from time to time shall be deemed appropriate. DONE AND ORDERED in Chambers in Tallahassee, Leou County, Florida this day of November, 2002. JANE E. FE S C1ce 1t Judge LOrdersXons"t to Uyuidmion proposed 1114 doc A Certified Copy ?> t P"b E]3 Ucr? d. CircUii C?curt Lnen C UI M%, I iTrl- 17 HARRY KRUGER and IRENE KRUGER, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4461 CIVIL TERM ANN E. PERAGINE, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Nn i 1? ! w, do employee of Marshall, Dennehey, Warner, Coleman & Goggin, J-- do hereby certify that on this ? day of January, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 Li - .L i, cam, .7 CJ rJ U I HARRY KRUGER and IRENE KRUGER, Plaintiffs V. IN'rHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM ANN E. PERAGINE, CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO NOTE STAY OF PROCEEDINGS TO THE PROTHONOTARY: In accordance with the Consent Order of the Circuit Court of the Second Judicial District in and for Leon County, Florida, dated November 14, 2002, paragraphs 51 a-f and 52 therefore, a copy of which is attached hereto, kindly note on the docket an automatic stay of all proceedings in this matter, which involves a party which Aries Insurance Company is obligated to defend. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: % -- S P J. BARCAVAGE, ESQUIRE I. o. 78867 4200 Crums Mill Road, Suite B 7 D 3 Harrisburg, PA 17112 DATE: Attorneys for Additional Defendant HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, J 5C ^ employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisL day of January, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 C \2 F N j _ I 1 ! i ? J p U .+ .G in 0 C^ O I cry \ ' f ill }k•F?x+.X? T 1y?n 2 AYE. -N•r 7 ? j J ty Y . T y: ? w pU F ?Fy ?ilsi} t 1 Y 4 F S/ H 1y •.y f(? i34'S' il. °t? T yy k cook" a s 2 FY I 1ti , ,Y t ?; ' ` a j e e 1 E£ ? x r. a.:S h1 HAITI? s w O n , N ?n t 4 P { V I? `}}5 y? smd ._ .__... ...._....._....«..:.«..... C F k ?? r? ?o UN 9 i r ,i j S y ( qh j?yr 1 0 Marshall, Dcnnch: v. Warner Coleman & Goggin 4200 Crums Mill Road, Suite B - Harrisburg, PA 17113 $ 00.370 -- to 0 ?a 1 n-o Flom 17112 K, %cn Timothy Shollenberger, Esquire SHOLLENBERCER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 i E HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 994461 CIVILTERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SUGGESTION OF STAY Defendant, Anne E. Peragine maintains of policy of insurance issued by Aries Insurance Company which policy of insurance has effective dates inclusive of the February 17, 1998 accident which is the subject of this lawsuit. On November 14, 2002, the Circuit Court of the Second Judicial District in and for Leon County, Florida In re: the receivership of Aries Insurance Company, a Florida corporation, Case No. 02-CA-1128, issued a Consent Order relevant to the above-captioned matter. A copy of which is attached hereto as Exhibit "A". The Circuit Court's Order provides in relevant part for and automatic stay applicable to all actions involving Aries Insureds in which Defend submits is applicable therefore to this action. (See, Exhibit "A" at paragraphs 51 a-t). Defendant, Anne F. Peragine, therefore respectfully requests that this Honorable Court honor the Circuit Court's Consent Order of November 14, 2002 generally, and particularly those provisions set forth at paragraphs 51 a-f and 52 therein, and direct that this action be stayed indefinitely. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stph arcavage, Esquire 1. o. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 DATE: Attorneys for Additional Defendant APPROVED BY TIIE COURT J. IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA In Re: The Receivership of ARIES INSURANCE COMPANY, f/k/a T14E ARIES INSURANCE COMPANY, INC., ORION INSURANCE- COMPANY, AMERICAN SIC1`IlAWK INSURANCE COMPANY and THE GREEN TREE CASE NO.: 02-CA-1128 INSURANCE COMPANY, INC. (f/k/a THE GREEN TREE INSURANCE COMPANY, INC, a Pennsylvania corporation), a Florida corporation authorized to transact an insurance business in Florida, CONSENT ORDER APPOINTING THE FLORIDA DEPARTMENT OF INSURANCE AS RECEIVER FOR PURPOSES OF LIQUIDATION, INJUNCTION AND NOTICE OF AUTOMATIC STAY THIS CAUSE was considered on the Receiver's Petition for Consent Order Appointin, the Florida Department of Insurance (hereafter "Department") as Receiver for Purposes of Liquidation, Injunction and Notice of Automatic Stay. The Court having reviewed the pleadings of record, having heard presentation of counsel, and otherwise being fully informed in the premises, finds that: 1. Aries Insurance Company (hereinafter referred to as "Respondent") is a Florida corporation with its principal place of business at 560 N.W. 165'h Street Road, Miami, Florida 33169, and is a domestic insurer authorized to transact an insurance business in this state. This Court ordered Aries into rehabilitation on May 9, 2002. 2. Section 631.021(3), Florida Statutes, provides that a delinquency proceeding pursuant to Chapter 631, Part 1, Florida Statutes, constitutes the sole and exclusive DEFENDANT'S EXHIBIT method of liquidating, rehabilitating, reorganizing, or conserving a Florida domiciled insurer. 3. Section 631.061, Florda Statutes, authorizes the Department to apply to this Court for an order directing the Department to liquidate a domestic insurer upon the existence of any of the Lrounds specified in Section 631 .051, Florida Statutes. 4. Section 631.051(11), Florida Statutes, authorizes the Department to apply to this Court for an order directing it to liquidate a domestic insurer upon the ground that the insurer has consented to such an order through a majority of its directors, stockholders, members, or subscribers. 5. On May 9, 2002 this Court entered a Consent Order appointing the Department as Receiver for the purposes of rehabilitation based upon Respondent's consent. 6. On November 14, 2002 Respondent consented to the appointment of the Department as Receiver for purposes of liquidation 7. Respondent is insolvent within the meaning of the provisions of Section 631.011, Florida Statutes, and as defined under Chapter 631, Florida Statutes. 8. It is in the best interest of Respondent and its creditors and insureds that the relief requested in the petition be granted and that the Department be appointed as Receiver for purposes of liquidation. 9. The automatic stay provided for in Section 631.041(1), Florida Statutes, provides that the filing of a petition for order to show cause or a petition for a consent shall remain in full force and effect and notice of the automatic stay is republished in this order 10. Sections 631.041(3) and (4), Florida Statutes, authorize this court to enter such injunctions as it deems appropriate to protect the remaining assets of the Respondent and prevent interference with the conduct of these proceedings. IT IS THEREFORE ORDERED AND ADJUDGED: 11. The Florida Deparuncut of Insurance is hereby appointed Receiver of Respondent for the purposes of liquidation, and is authorized and directed to proceed with the liquidation of Respondent, and to carry out its duties as enumerated tinder the controlling provisions of Chapter 631, Florida Statutes. 12. Respondent's policies of insurance which are in force as of the date of this q?( Order are cancelled thirty (30) days from the (late of this Order, 11:59 p.m., December (9J 1-4, 2002, in accordance with the provisions of Section 631.252, Florida Statutes; Provided, however, that any policies of flood insurance issued by Respondent pursuant to the National Flood Insurance Act of 1968, as amended shall not be cancelled. Policies with a normal expiration date, or those policies that are cancelled for non-payment of premium prior to 11:59 p.m., December 14, 2002, shall stand cancelled as of the earlier time and date. 13. In accordance with Section 631.181(3), Florida Statutes, all claims shall be filed with the Receiver on or before 11:59 p.m., November! X 2003, or be forever barred and all such claims shall be filed on proof of claim forms provided by the Receiver. 14. The Receiver's report and recommendation on claims as specified in Section 631.182, Florida Statutes, shall contain the payee(s) or claimant(s) for each claim as it has been filed with the Receiver by submission of a properly executed Proof of Claim form. The Receiver shall make payment to the payee(s) or claimant(s) named on the report. Any 3 and all assignments of claims are a private contract between the payee(s) or claimant(s) and a third party and the Receiver has no administrative responsibility to recognize or reflect the assignment on the report and recommendation. The Receiver shall not he responsible for and shall not recognize or accept any assignment of a claim by the payee(s) or claimant(s) of record u> any third party. 15. The Florida Department of Insurance is authorized to cancel and render null and void any certificate of authority issued by the Department of Insurance and required by the Florida Insurance Code in order for Respondent to do business in the State of Florida. 16. Pursuant to Section 631.111(3), Florida Statutes, the corporate existence of Respondent is dissolved. The Secretarv of Stale is directed to reflect such dissolution in its records upon the receipt of a certified copy of this Order. 17. The Receiver is authorized to negotiate and settle subrogation claims and Final Judgments tip to and including the sum of 520,000.00 without further order of this Court. 13. The Receiver is authorized to sell salvage recovered, having value of not more than $20,000.00 without further order of this Court. 19. The Receiver shall give notice of this proceeding to Respondent's general agents and licensed agents, pursuant to Section 631.341, Florida Statutes. The general agents and licensed agents shall in turn give notice as required in Section 63 1.341, Florida Statutes. 20. The Receiver is authorized to coordinate the operation of the receivership with the Florida Insurance Guaranty Association pursuant to Part II of Chapter 631, Florida Statutes, the Florida Workers' Compensation Association pursuant to Part V of Chapter 4 631, Florida Statutes, and, in the Receiver's discretion, to enter into such contracts with any applicable guaranty associations as may be required to provide services as are necessary to carry out the purpose of Chapter 631, Florida Statutes. 21. The Receiver is authorized and directed to take immediate possession of all the properly, assets and estate, and all other property of uvciy kind ahatsocver and wherever located belonging to, or in the possession of. Respondent, pursuant to Chapter 631, Florida Statutes, including but not limited to: all offices maintained by Respondent, rights of action, books, papers, data processing records, evidences of debt, bank accounts, savings accounts, certificates of deposit, stocks, bonds, debentures and other securities, mortgages, investments, software, electronic data, e-mail, websites, furniture, fixtures, office supplies and equipment, and all real property of Respondent, wherever situated, whether in the possession of Respondent or its officers, directors, employees, managers, consultants, trustees, adjusters, attorneys, agents, or affiliates. 22. The Receiver is authorized and directed to liquidate the assets of Respondent including but not limited to funds held by Respondent's agents, sub-agents, producing agents, brokers, solicitors, service representative or others tinder agency contracts or otherwise which are due and unpaid to Respondent including premiums, unearned commissions, agents' balances, agents' reserve funds and subrogation recoveries, appoint one or more special agents and employ and authorize the compensation of legal counsel, actuaries, accountants, clerks, consultants and such assistants as it deems necessary, purchase or lease personal or real property as it deems necessary, and authorize the payment of the expenses of these proceedings and the necessary incidents thereof, as 5 approved by the Court, to be paid out of the funds or assets of Respondent in the possession of the Receiver or coming into its possession. 23. The Receiver is authorized and directed to reimburse such employees, from the funds of this receivership, for their actual necessary and reasonable expenses incurred %vhilc lravelin on the business of this tecciN el flip. 24. The Receiver is authorized and directed to not defend or accept service of process on legal actions wherein Respondent, the Receiver, or the insured is a party defendant, commenced either prior to or subsequent to this order, without authorization of this Court; except, however, in actions where Respondent is a nominal party, as in certain foreclosure actions, and the action does not affect a claim against, or adversely affect the assets of Respondent, the Receiver may file appropriate pleadings in its discretion. 25. Process servers shall not serve any paper on Respondent or the Receiver, except as set out in paragraph 24, absent permission of this Court or waiver by the Receiver. 26. The Receiver is authorized and directed to commence and maintain all legal actions necessary, wherever necessary, for the proper administration of this receivership proceeding. 27. The Receiver is authorized and directed to collect any and all debts which are economically feasible to collect which are due and owing to Respondent, including but not limited to, funds or premiums held by agents of Respondent under agency contracts or otherwise. 6 28. The Receiver is authorized and directed to deposit funds and maintain bank accounts in accordance with Section 631.221, Florida Statutes. 29. The Receiver is authorized and directed to take possession of all of Respondent's securities and certificates of deposit on deposit with the Treasurer of Florida, if any, and convert to cash or reinvest as much as may be necessary, in its judgment, to pay the expenses of administration of this receivership, or otherwise best benefit the estate. 30. The Receiver is authorized and directed to publish notice specifying the time and place fixed for the filing of claims with the Receiver once each week for three consecutive weeks in the Florida Administrative Weekly published by the Secretary of State, and at least once in the Florida Bar News. 31. The Receiver is authorized and directed to apply to this Court for further instructions in the discharge of its duties as may be necessary. 32. Any officer, director, manager, trustee, attorney, agent, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises, or exercised, any control over any segment of Respondent's affairs, or the affairs of its affiliates, shall be fully required to cooperate with the Receiver, pursuant to Section 631.391, Florida Statutes. 33. Title to all property, real or personal, all contracts, rights of action and all hooks and records of Respondent, wherever located, shall be vested in the Receiver, pursuant to Sections 631.111 and 631.141, Florida Statutes. 7 34. The Receiver is granted all of the powers of the Respondent's directors, officers and managers, whose authority is suspended. The Receiver has full power to direct and manage the affairs of Respondent, to hire and discharge employees, and to deal with the property and business of Respondent. 35. All attorneys employed by Respondcut (excluding atlorneys representing Aries Insurance Company in connection with this rehabilitation and/or liquidation proceeding) as of the date of this Order, within ten (10) days notice of the Order, shall be required to report to the Receiver on the name, company claim number and status of each file they are handling on behalf of Respondent. Said report should also include an accounting of any finds received from, or on behalf of, Respondent. All such attorneys employed by Respondent are advised that pursuant to Section 631.011, Florida Statutes, a claim based on mere possession does not create a secured claim and all attorneys employed by Respondent, pursuant to In Re the Receivership of Syndicate Two Inc., 538 So.2d 945 (Fla. I" DCA 2000), who are in possession of litigation files or other material, documents or records belonging to or relating to work performed by the attorney on behalf of Respondent is required to deliver such litigation files, material, documents, electronic data, c-mails or records intact and without purging to the Receiver, on request, notwithstanding any claim of a retaining lien which, if otherwise valid, should not be extinguished by the delivery of these documents. All attorneys described herein are hereby discharged as of the date of this Order unless otherwise retained by Receiver. 36. All agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of Respondent are required to account for and pay all premiums, unearned commissions or any other commissions due to cancellation of 8 policies by this Order or in the normal course of business, owed to Respondent directly to the Receiver within 20 days of demand by the Receiver or appear before this Court to show cause, if any they may have, as to why they should not be required to account to the Receiver or be held in contempt of Court for violation of the provisions of the Order. No agent, broker. premium lnance cornpany or other person should use premium monies owed to Respondent for refund of unearned premium or for any purpose other than payment to the Receiver. 37. Any premium finance company, which has entered into a contract to finance a premium for a policy, which has been issued by Respondent, is required to pay any premium owed to Respondent directly to the Receiver. 38. Reinsurance premiums due to or payable by Respondent are to be remitted to, or disbursed by, the Receiver. The Receiver will handle reinsurance losses recoverable or payable by the Respondent. All correspondence concerning reinsurance will be between the Receiver and the reinsuring company or intermediary. 39. Upon request by the Receiver, any company providing telephonic services to Respondent will provide a reference of calls from the number presently assigned to Respondent to any such number designated by the Receiver or perform any other services or changes necessary to the conduct of the receivership. 40. Any bank, savings and loan association, financial institution or any other entity or person, which has on deposit or in its possession, custody or control any funds, accounts and any other assets of Respondent shall immediately transfer title, custody and control of all such funds, accounts or assets to the Receiver and arc hereby instructed that the Receiver has absolute control over such funds, accounts and other assets. The 9 Receiver is authorized to change the name of such accounts and other assets, withdraw them from such bank, savings and loan association or other financial institution, or take any lesser action necessary for the proper conduct of this receivership. No bank, savings and loan association, or other financial institution is permitted to exercise any form of set-off, alleged set-o17 lien. or any form of srlfhelp whalsoever, or refuse to transfer any finds or assets to the Receiver's control without the permission of this Court. 41. Except for contracts of insurance, all executory contracts to which Respondent was a party are cancelled unless specifically adopted by the Receiver within thirty (30) days of the date of this Order. The rights of the parties to any such contracts are fixed as of the date of the order, and any cancellation under this provision should not be treated as an anticipatory breach of such contracts. 42. Any entity furnishing water, electric, telephone, sewage, garbage or trash removal services to Respondent is required to maintain such service and transfer any such accounts to the Receiver as of the date of this order, unless instructed to the contrary by the Receiver. 43. Any data processing service which has custody or control of any data processing information and records including but not limited to source documents, data processing cards, input tapes, all types of storage information, master tapes or any other recorded information relating to Respondent is required to transfer custody and control of such records to the Receiver. The Receiver is authorized to compensate any such entity for the actual use of hardware and software, which the Receiver finds to he necessary to this proceeding. Compensation will be based upon the monthly rate provided for in contracts or leases with Respondent which were in effect when this proceeding was 10 instituted, or based upon such contract as may be negotiated by the Receiver, for the actual time such equipment and software is used by the Receiver. 44. The United States Postal Service is directed to provide any information requested by the Receiver regarding Respondent and to handle future deliveries of Respoudcnt's mail as directed by (lie Recciecr. 'the United Sunes Postal Scmce is also directed to continue to forward directly to Aries Insurance Company's place of business, 560 N.W. 165th Street Road, Miami, Florida 33169, all mail addressed to Onyx Insurance Group, Inc., Onyx Underwriters, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Green Tree Insurance Company, Inc., American Skyhawk Insurance Company, Orion Insurance Company, Omega Finance Corporation, The Fenix Group, Inc., Golden Glades Office Park Condominium until further notice from Receiver. The affiliates shall have the option to appoint a representative (excluding any officers or directors and/or any former officers and directors of Aries and its affiliates) to be present each day (at a time of day mutually agreed upon) for the opening and review of my such mail addressed to them and to retain any such mail which does not pertain to Respondent. In the event the affiliates do not have a representative present, the Receiver agrees that any mail addressed to the affiliates which does not pertain to Respondent will be forwarded to the affiliates within thirty-six (36) hours to a post office box to be supplied to the Receiver by the, affiliates. 45. All affiliated companies and associations including, but not limited to, The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Fenix Financial Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gantma Adjusters, inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium Finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Office Park Condominium Association III, Inc., Golden Glades Park Office Park Condominium, The Arics Insurance Group, Inc., American Skylnawk Insurance Group, Inc. EB Group, Inc., Seguros Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., Paul Fraynd, President and Director, Saul Fraynd, Secretary and Director, Fanny Fraynd, Treasurer, Vice-President and Director, Gladys Fraynd, Vice-President and Director, Marcos Fraynd, Director, Tamara Fraynd, Director, Salomon Singer, Director, are directed to make their books and records available to the Receiver, and to provide copies of any records requested by the Receiver. The Receiver has title to all policy files and other records of, and relating to Respondent, whether such documents are kept in offices occupied by an affiliate company or any other person, corporation, or association. The Receiver is authorized to take possession of any such records, files, and documents, and to remove them to any location in the Receiver's discretion. Any disputed records should not be withheld from the Receiver's review, but safeguarded and presented to this Court for review prior to copying by the Receiver. 46. The Receiver shall have complete access to all computer records of Respondent and its affiliates at all times including but not limited to Respondent's computer records. 47. Any person, firm, corporation or other entity having notice of this Order that fails to abide by its terms may be directed to appear before this Court to show good 12 cause, if any they may have, as to why they should not be held in contempt of Court for violation of the provisions of this Order. 48. Pursuant to Sections 631.041(3) and (4), Florida Statutes, all persons, firms, corporations and associations within the jurisdiction of this Court, including, but not limited to, Respondent and "' nfliccrs, directors, stockholders, members, subscribers, agents employees and affiliates, are hereby enjoined and restrained from doing, doing through omission, or permitting to be done any action which might waste or dispose of the books, records, electronic data, c-mail, and assets of Respondent or pertaining to Respondent; from in any means interfering with the Receiver or these proceedings; from the transfer of property and assets of Respondent without the consent of the Receiver; from the removal, concealment, or other disposition of Respondent's property, books, records, electronic data, e-mail, and accounts; from the commencement or prosecution of any actions against Respondent or the Receiver, or the service of process and subpoenas, or the obtaining of preferences, judgments, writs of attachment or garnishment or other liens; and from the making of any levy or execution against Respondent or any of its property or assets. Notwithstanding the provisions of this paragraph, the Receiver is permitted to accept and be subpoenaed for non-party production of claims files in its possession, including medical records, which may be contained therein. In such cases, the requesting party must submit an affidavit to the Receiver stating that notice of the non-party production was appropriately issued and provided to the patient and that the patient was given the opportunity to object and either did not object to the non-party production, or objected and the Court overruled the objection, in which case a copy of the Court's ruling must be attached to the affidavit. The Receiver is authorized to impose a 13 charge for copies of such claim files pursuant to the provisions of Section 119.07(1)(a), Florida Statutes. CONTINUATION OF INVESTIGATION 49. The Receiver may conduct an investigation as authorized by Chapter 631, Florida Statutes, of Respondent mid its affiliates, as defined above and by Section 631.01 1(1), Florida Statutes, to uncover and make frilly available to the Court the true state of Respondent's financial affairs. In furtherance of this investigation, Respondent and its parent corporations, its subsidiaries, its affiliates and its third party administrator, including but not limited to The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Undenvriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Offices, inc., Golden Glades Office Park Condominium Association III, Inc., Golden Glades Park Office Park Condominium, The Aries Insurance Group, Inc., American Skyhawk Insurance Group, Inc., EB Group, Inc., Segurous Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, hic., Media Group, Inc., any officer, director, manager, trustee, agent, adjuster, employee or independent contractor, shall make all books, documents, accounts, records, and affairs, wlveh either belong to or pertain to Respondent, available for full, free and unhindered inspection and examination and copying (at cost to the Receiver) by the Receiver during normal business hours (9:00 a.m. to 5:00 p.m.) Monday through Friday, from the date of the Order. Respondent and 14 the above-specified entities shall fully cooperate with the Department in accordance with Chapter 631, Florida Statutes. Such cooperation shall include, but not be limited to, the taking of oral testimony tinder oath of Respondent's officers, directors, managers, trustees, agents, adjusters, employees, or independent contractors of Respondent, its affiliates and any other person who possesses any executive authority over, or who exercises any control over, any segment of the affairs of Respondent in both their official, representative and individual capacities and the production of all documents that are calculated to disclose the true state of Respondent's affairs. 50. Any officer, director, manager, trustee, administrator, attomey, agent, accountant, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises or exercised any control over, any segment of the affairs of Respondent or its affiliates shall fully cooperate with the Receiver as required by Chapter 631, Florida Statutes and as set out in the preceding paragraph. Upon receipt of a certified copy of the Order, any bank or financial institution is required to immediately disclose to the Receiver the existence of any accounts of Respondent and any funds contained therein and any and all documents in its possession relating to Respondent for the Receiver's inspection and copying, including but not limited to all records, slatcmcnts. NOTICE OF AUTOMATIC STAY 51. Notice is given that, pursuant to Section 631.041 (1), Florida Statutes, the filing of the Department's initial petition herein operates as an automatic stay applicable 15 to all persons and entities, other than the Receiver, which shall be permanent and sui vive the entry of the order, and which prohibits: A. The commencement or continuation ofjudicial, administrative or other action or proceeding against the insurer or against its assets or any part thereof; B. The enforcement of a judgment against the insurer or an affiliate, provided that such affiliate is owned by or constitutes an asset of Respondent, obtained either before or after the commencement of the delinquency proceeding; C. Any act to obtain possession of property of the insurer; D. Any act to create, perfect or enforce a lien against property of the insurer, except a secured claim as defined in Section 631.011, Florida Statutes; E. Any action to collect, assess or recover a claim against the insurer, except claims as provided for under Chapter 631; F. The set-off or offset of any debt owing to the insurer except offsets as provided in Section 631.231, Florida Statutes. 52. Notice is further given that, pursuant to Sections 631.67 and 631.924, Florida Statutes, all proceedings in which the Respondent is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative hoard in this state shall be stayed for six (6) months, or for a period of time greater than six (6) months from the date of this Order, granted by a court of competent jurisdiction. 16 53. All Sheriffs and all law enforcement officials of this state are required to cooperate with and assist the Receiver in the implementation of this Order. 54. This Court shall retain jurisdiction of this cause for the purpose of granting such other and further relief as from time to time shall be deemed appropriate. DONE AND ORDERED in Chambers in Tallahassee, Lcou County, Florida this Pi day of November, 2002. -? _ ?E E. FE S CA irc ttJudge LOrdrrs'Contmt to Liquidadon proposed 11 I4.doe A Carrn,'?d Copy i At °: r SI rr?rr?? tT? M.t'liru > ? Cie; K., C .Circui+. Court 17 HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, I;? z l <; wan employee of Marshall, Dennehey, Warner, Coleman & Goggin, J do hereby certify that on this 1-74, day of January, 2003, I served a copy of the foregoing document via First Class United States snail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 1, 1 1 ?? 't HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 994461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SUGGESTION OF STAY Defendant, Anne E. Peragine maintains of policy of insurance issued by Aries Insurance Company which policy of insurance has effective dates inclusive of the February 17, 1998 accident which is the subject of this lawsuit. On November 14, 2002, the Circuit Court of the Second Judicial District in and for Leon County, Florida In re: the receivership of Aries Insurance Company, a Florida corporation, Case No. 02-CA-1128, issued a Consent Order relevant to the above-captioned matter. A copy of which is attached hereto as Exhibit "A". The Circuit Court's Order provides in relevant part for and automatic stay applicable to all actions involving Aries Insureds in which Defend submits is applicable therefore to this action. (See, Exhibit "A" at paragraphs 51 a-f). Defendant, Anne F. Peragine, therefore respectfully requests that this Honorable Court honor the Circuit Court's Consent Order of November 14, 2002 generally, and particularly those provisions set forth at paragraphs 51 a-f and 52 therein, and direct that this action be stayed indefinitely. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: S ph arcavage,Esquire 1. o. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 DATE: Attorneys for Additional Defendant APPROVED BY THE COURT J. IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA In Re: The Receivership of ARIES INSURANCE COMPANY, VWa THE ARIES INSURANCE COMPANY, INC., ORION INSURANCE COMPANY, AMERICAN SKYHAWK INSURANCE COMPANY and THE GREEN TREE CASE NO.: 02-CA-1128 INSURANCE COMPANY, INC. (DWa THE GREEN TREE INSURANCE COMPANY, INC, a Pennsylvania corporation), a Florida corporation authorized to transact an insurance business in Florida, INJUNCTION AND NOTICE OF AUTOMATIC STAY THIS CAUSE was considered on the Receiver's Petition for Consent Order Appointing the Florida Department of Insurance (hereafter "Department") as Receiver for Purposes of Liquidation, Injunction and Notice of Automatic Stay. The Court having reviewed the pleadings of record, having heard presentation of counsel, and otherwise being fully informed in the premises, finds that: 1. Aries Insurance Company (hereinafter referred to as "Respondent") is a Florida corporation with its principal place of business at 560 N.W. 165'^ Street Road, Miami, Florida 33169, and is a domestic insurer authorized to transact an insurance business in this state. This Court ordered Aries into rehabilitation on May 9, 2002. 2. Section 631.021(3), Florida Statutes, provides that a delinquency proceeding pursuant to Chapter 631, Part 1, Florida Statutes, constitutes the sole and exclusive EDEFEND:'S method of liquidating, rehabilitating, reorganizing, or conserving a Florida domiciled insurer. 3. Section 631.061, Florida Statutes, authorizes the Department to apply to this Court for an order directing the Department to liquidate a domestic insurer upon the e.xistencc ofany of the grounds specified in Section 631.051, Florida Statutes. 4. Section 631.051(11), Florida Statutes, authorizes the Department to apply to this Court for an order directing it to liquidate a domestic insurer upon the ground that the insurer has consented to such an order through a majority of its directors, stockholders, members, or subscribers. 5. On May 9, 2002 this Court entered a Consent Order appointing the Department as Receiver for the purposes of rehabilitation based upon Respondent's consent. 6. On November 14, 2002 Respondent consented to the appointment of the Department as Receiver for purposes of liquidation 7. Respondent is insolvent within the meaning of the provisions of Section 631.011, Florida Statutes, and as defined under Chapter 631, Florida Statutes. 8. It is in the best interest of Respondent and its creditors and insureds that the relief requested in the petition be granted and that the Department be appointed as Receiver for purposes of liquidation. 9. The automatic stay provided for in Section 631.041(1), Florida Statutes, provides that the filing of a petition for order to show cause or a petition for a consent shall remain in full force and effect and notice of the automatic stay is republished in this order of liquidation. 2 I 0. Sections 611.041(3) and (4), Florida Statutes, authorize this Court to enter such injunctions as it deems appropriate In protect the remaining assets of the Respondent and prevent interference. with the conduct of these proceedings. IT IS THEREFORE 012DERM AND ADJUDGED: IL '('he Ilurida I)cp:nnucni of Insnaucc is hereby appointed Receiver of Respondent for the purposes of liquidation, and is authorized and directed to proceed with the liquidation of Respondent, and to carry out its duties as enumerated under the controlling provisions of Chapter 631, Florida Statutes. 12. Respondent's policies of insurance which are in force as of the date of this cam( Order are cancelled thirty (30) days from the date of this Order, 11:59 p.m., December (Q! 1-4, 2002, in accordance with the provisions of Section 631.252, Florida Statutes; provided, however, that ally policies of flood insurance issued by Respondent pursuant to the National Flood Insurance Act of 1968, as ,,Wended shall not be cancelled. Policies with a normal expiration date, or those policies that are cancelled for non-payment of premium prior to 11:59 p.tn., December 14, 2002, shall stand cancelled as of the earlier time and slate. 13. In accordance with Section 63 1.18](3), Florida Statutes, all claims shall be filed with the Receiver on or belbre 11:59 p.m., November N,2003, or be forever barred and all such claims shall be tiled on proof of claim forms provided by the Receiver. 14. 'fire Receiver's report and recommendation on claims as specified in Section 631.182, Florida Statutes, shall contain the payee(s) or claimant(s) for each claim as it has been filed with the Receiver by submission of a properly executed Proof of Claim form. The Receiver shall make payment to the payee(s) or claimant(s) named on the report. Any 3 and all assignments of claims are a private contract between the payee(s) or claimant(s) and a third party and the Receiver has no administrative responsibility to recognize or reflect the assignment on the report and recommendation. The Receiver shall not be responsible for and shall not recognize or accept any assignment of a claim by the payee(s) or claimant(s) ofrccord to any third party. 15. The Florida Department of Insurance is authorized to cancel and render null and void any certificate of authority issued by the Department of Insurance and required by the Florida insurance Code in order for Respondent to do business in the State of Florida. 16. Pursuant to Section 631.111(3), Florida Statutes, the corporate existence of Respondent is dissolved. The Secretary of State is directed to reflect such dissolution in its records upon the receipt of a certified copy of this Order. 17. The Receiver is authorized to negotiate and settle subrogation claims and Final Judgments tip to and including the sum of $20,000.00 without further order of this Court. 18. The Receiver is authorized to sell salvage recovered, having value of not more than $20,000.00 without further order of this Court. 19. The Receiver shall give notice of this proceeding to Respondent's general agents and licensed agents, pursuant to Section 631.341, Florida Statutes. The general agents and licensed agents shall in turn give notice as required in Section 631.341, Florida Statutes. 20. The Receiver is authorized to coordinate the operation of the receivership with the Florida Insurance Guaranty Association pursuant to Part TI of Chapter 631, Florida Statutes, the Florida Workers' Compensation Association pursuant to Part V of Chapter 4 631, Florida Statutes, and, in the Receiver's discretion, to enter into such contracts with any applicable guaranty associations as may be required to provide services as are necessary to carry out the purpose of Chapter 631, Florida Statutes. 21. The Receiver is authorized and directed to take immediate possession of all the prupcrty, esscis and estate, and all other property of every kind whatsoever and wherever located belonging to, or in the possession of. Respondent, pursuant to Chapter 631, Florida Statutes, including but not limited to: all offices maintained by Respondent, rights of action, hooks, papers, data processing records, evidences of debt, bank accounts, savings accounts, certificates of deposit, stocks, bonds, debentures and other securities, mortgages, investments, soflware, electronic data, e-mail, websites, furniture, fixtures, office supplies and equipment, and all real property of Respondent, wherever situated, whether in the possession of Respondent or its officers, directors, employees, managers, consultants, trustees, adjusters, attorneys, agents, or affiliates. 22. The Receiver is authorized and directed to liquidate the assets of Respondent including but not limited to funds held by Respondent's agents, sub-agents, producing agents, brokers, solicitors, service representative or others under agency contracts or otherwise which are due and unpaid to Respondent including premiums, unearned commissions, agents' balances, agents' reserve funds and subrogation recoveries, appoint one or more special agents and employ and authorize the compensation of legal counsel, actuaries, accountants, clerks, consultants and such assistants as it deems necessary, purchase or lease personal or real property as it deems necessary, and authorize the payment of the expenses of these proceedings and the necessary incidents thereof, as 5 approved by the Court, to be paid out of the funds or assets of Respondent to the possession of the Receiver or coining into its possession. 23. The Receiver is authorized and directed to reimburse such employees, from the funds of this receivership, for their actual necessary and reasonable expenses incurred while traveling on the business of this receivership. 24. The Receiver is authorized and directed to not defend or accept service of process on legal actions wherein Respondent, the Receiver, or the insured is a party defendant, commenced either prior to or subsequent to this order, without authorization of this Court; except, however, in actions where Respondent is a nominal party, as in certain foreclosure actions, and the action does not affect a claim against, or adversely affect the assets of Respondent, the Receiver may file appropriate pleadings in its discretion. 25. Process servers shall not serve any paper on Respondent or the Receiver, except as set out in paragraph 24, absent permission of this Court or waiver by the Receiver. 26. The Receiver is authorized and directed to commence and maintain all legal actions necessary, wherever necessary, for the proper administration of this receivership proceeding. 27. The Receiver is authorized and directed to collect any and all debts which are economically feasible to collect which are due and owing to Respondent, including but not limited to, funds or premiums held by agents of Respondent under agency contracts or otherwise. 6 28. The Receiver is authorized and directed to deposit funds and maintain bank accounts in accordance with Section 631.221, Florida Statutes. 29. The Receiver is authorized and directed to take possession of all of Respondent's securities and certificates of deposit on deposit with the Treasurer of Florida, if any, and convert to cash or reinvest as uuicli as miry be necessary, ill it., judgment, to pay the expenses of administration of this receivership, or otherwise best benefit the estate. 30. The Receiver is authorized and directed to publish notice specifying the time and plane fixed for the filing of claims with the Receiver once each week for three consecutive weeks in the Florida Administrative Weekly published by the Secretary of State, and at least once in the Florida Bar News. 31. The Receiver is authorized and directed to apply to this Court for further instructions in the discharge of its duties as may be necessary. 32. Any officer, director, manager, trustee, attorney, agent, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises, or exercised, any control over any segment of Respondent's affairs, or the affairs of its affiliates, shall be fully required to cooperate with the Receiver, pursuant to Section 631.391, Florida Statutes. 33. Title to all property, real or personal, all contracts, rights of action and all books and records of Respondent, wherever located, shall be vested in the Receiver, pursuant to Sections 631.111 and 631.141, Florida Statutes. 7 34. The Receiver is granted all of the powers of the Respondent's directors, officers and managers, whose authority is suspended. 'File Receiver has full power to direct and manage the affairs of Respondent, to hire and discharge employees, and to deal with the property and business of Respondent. 35 All attornc 's ent rlo .cd b 5 I 5 5 Ketipunden. (c eluding anorne)s representim Aries Insurance Company in connection with this rehabilitation and/or liquidation proceeding) as of the date of this Order, within ten (10) days notice of the Order, shall be required to report to the Receiver on the name, company claim number and status of each file they are handling on behalf of Respondent. Said report should also include an accounting of any funds received from, or on behalf of, Respondent. All such attomeys employed by Respondent are advised that pursuant to Section 631.011, Florida Statutes, a claim based on mere possession does not create a secured claim and all attomeys employed by Respondent, pursuant to In Re the Receivership of Syndicate Two. Inc., 538 So.2d 945 (Fla. I" DCA 2000), who are in possession of litigation files or other material, documents or records belonging to or relating to work performed by the attorney on behalf of Respondent is required to deliver such litigation files, material, documents, electronic data, a-mails or records intact and without purging to the Receiver, on request, notwithstanding any claim of a retaining lien which, if otherwise valid, should not be extinguished by the delivery of these documents. All attorneys described herein are hereby discharged as of the date of this Order unless otherwise retained by Receiver. 36. All agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of Respondent are required to account for and pay all premiums, uneamed commissions or any other commissions due to cancellation of 8 policies by this Order or in the normal course of business, owed to Respondent directly to the Receiver within 20 days of demand by the Receiver or appear before this Court to show cause, if any they may have, as to why they should not be required to account to the Receiver or be held in contempt of Court for violation of the provisions of the Order. No agent, broker. premium lmancr company or other person should use prenuum tnonies owed to Respondent for refund of unearned premium or for any purpose other than payment to the Receiver. 37. Any premium finance company, which has entered into a contract to finance a premium for a policy, which has been issued by Respondent, is required to pay any premium owed to Respondent directly to [lie Receiver. 38. Reinsurance premiums due to or payable by Respondent arc to be remitted to, or disbursed by, the Receiver. The Receiver will handle reinsurance losses recoverable or payable by the Respondent. All correspondence concerning reinsurance will be between the Receiver and the reinsuring company or intermediary. 39. Upon request by tle Receiver, any company providing telephonic services to Respondent will provide a reference of calls from the number presently assigned to Respondent to any such number designated by the Receiver or perform any other services or changes necessary to the conduct of the receivership. 40. Any bank, savings and loan association, financial institution or any other entity or person, which has on deposit or in its possession, custody or control any funds, accounts and any other assets of Respondent shall immediately transfer title, custody and control of all such funds, accounts or assets to the Receiver and are hereby instructed that The Receiver has absolute control over such funds, accounts and other assets. The 9 Receiver is authorized to change the name of such accounts and other assets, withdraw them from such bank, savings anti loan association or other financial institution, or take any lesser action necessary for the proper conduct of this receivership. No bank, savings and loan association, or other financial institution is permitted to exercise any form of set-off, alleged set-off, licit, or any Ibrm of self=help wttat-socwer, or refuse to iran;fer any funds or assets to the Receiver's control without the permission of this Court. 41. Except for contracts of insurance, all executory contracts to which Respondent was a party are cancelled unless specifically adopted by the Receiver within thirty (30) days of the date of this Order. The rights of the parties to any such contracts are fixed as of the date of the order, and any cancellation under this provision should not be treated as an anticipatory breach of such contracts. 42. Any entity furnishing water, electric, telephone, sewage, garbage or trash removal services to Respondent is required to maintain such service and transfer any such accounts to the Receiver as of the date of this order, unless instructed to the contrary by the Receiver. 43. Any data processing service which has custody or control of any data processing information and records including but not limited to source documents, data processing cards, input tapes, all types of storage information, master tapes or any other recorded information relating to Respondent is required to transfer custody and control of such records to the Receiver. The Receiver is authorized to compensate any such entity for the actual use of hardware and software, which the Receiver finds to be necessary to this proceeding. Compensation will be based upon the monthly rate provided for in contracts or ]cases with Respondent which were in effect when this proceeding was 10 instituted, or based upon such contract as may he negotiated by the Receiver, for the actual time such equipment and software is used by the Receiver. 44. The United States Postal Service is directed to provide any information requested by the Receiver regarding Respondent and to handle future deliveries of Respondent's mail as direrlcd by the Reccirer. Me United Snttes Postal Sericc is also directed to continue to forward directly to Aries Insurance Company's place of business, 560 N.W. 165'h Street Road, Miami, Florida 33169, all mail addressed to Onyx Insurance Group, hie., Onyx Underwriters, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Green Tree Insurance Company, Inc., American Skyhawk Insurance Company, Orion Insurance Company, Omega Finance Corporation, The Fenix Group, Inc., Golden Glades Office Park Condominium until further notice from Receiver. The affiliates shall have the option to appoint a representative (excluding any officers or directors and/or any former officers and directors of Aries and its affiliates) to be present each day (at a time of day mutually agreed upon) for the opening and review of any such mail addressed to them and to retain any such mail which does not pertain to Respondent. In the event the affiliates do not have a representative present, the Receiver agrees that any mail addressed to the affiliates which does not pertain to Respondent will be forwarded to the affiliates within thirty-six (36) hours to a post office box to be supplied to the Receiver by the affiliates. 45. All affiliated companies and associations including, but not limited to, The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Fenix Financial Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium Finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Office Park Condominium Association III, Inc., Golden Glades Park Office Pink Condominium. 'I he Atics Insurance Group, Inc.. American Skybawk Insurance Group, Inc. Eli Group, Inc., Seguros Carabobo, C.A., Palmetto Development Group. Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., Paul Fraynd, President and Director, Saul Fraynd, Secretary and Director, Fanny Fraynd, Treasurer, Vice-President and Director, Gladys Fraynd, Vice-President and Director, Marcos Fmynd, Director, Tamara Fraynd, Director, Salomon Singer, Director, are directed to make their books and records available to the Receiver, and to provide topics of any records requested by the Receiver. The Receiver has title to all policy files and other records of, and relating to Respondent, whether such documents are kept in offices occupied by an affiliate company or any other person, corporation, or association. The Receiver is authorized to take possession of any such records, files, and documents, and to remove them to any location in the Receiver's discretion. Any disputed records should not be withheld from the Receiver's review, but safeguarded and presented to this Court for review prior to copying by the Receiver. 46. The Receiver shall have complete access to all computer records of Respondent and its affiliates at all times including but not limited to Respondent's computer records. 47. Any person, firm, corporation or other entity having notice of this Order that fails to abide by its terms may be directed to appear before this Court to show good 12 cause, if any they may have, as to why they should not be held in contempt of Court for violation or the provisions of this Order. 48. Pursuant to Sections 631.041(3) and (4), Florida Statutes, all persons, firms, corporations and associations within the jurisdiction of this Court, including, but not limited tu. Respondent and its ellicets, directors, stuckholders, members, subscriber, agents employees and affiliates, are hereby enjoined and restrained from doing, doing through omission, or permitting to be clone any action which might waste or dispose of the books, records, electronic data, e-mail, and assets of Respondent or pertaining to Respondent; from in any means interfering with the Receiver or these proceedings; from the transfer of property and assets of Respondent without the consent of the Receiver; from the removal, concealment, or other disposition of Respondent's property, books, records, electronic data, e-mail, and accounts; from the commencement or prosecution of any actions against Respondent or the Receiver, or the service of process and subpoenas, or the obtaining of preferences, judgments, writs of attachment or garnishment or other liens; and from the making of any levy or execution against Respondent or any of its property or assets. Notwithstanding the provisions of this paragraph, the Receiver is permitted to accept and be subpoenaed for non-party production of claims files in its possession, including medical records, which may be contained therein. In such cases, the requesting party must submit an affidavit to the Receiver stating that notice of the non-party production was appropriately issued and provided to the patient and that the patient was given the appormnity to object and either did not object to the non-party production, or objected and the Court overruled the objection, in which case a copy of the Court's ruling must be attached to the affidavit. The Receiver is authorized to impose a 13 charge for copies of such claim files pursuant to the provisions of Section I I9.07(1)(a), Florida Statutes. CONTINUATION OF INVESTIGATION 49. The Rece,'vcr may conduct an investigation as authorized by Chapter 631, j Florida Statutes, of Respondent and its affiliates, as defined abuwe and by Section 631.011 (1), Florida Statutes, to uncover and make fully available to the Court the true slate of Respondent's financial affairs. In furtherance of this investigation, Respondent i and its parent corporations, its subsidiaries, its affiliates and its third party administrator, including but not limited to The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Offices, Inc., Golden Glades Office Park Condominium Association IN, Inc., Golden Glades Park Office Park Condominium, The Aries Insurance Group, Inc., American Skyhawk Insurance Group, Inc., EB Group, Inc., Segurous Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., any officer, director, manager, trustee, agent, adjuster, employee or independent contractor, shall make all books, documents, accounts, records, and affairs, which either belong to or pertain to Respondent, available for full, free and unhindered inspection and examination and copying (at cost to the Receiver) by the Receiver during normal business hours (9:00 a.m. to 5:00 p.m.) Monday through Friday, from the date of the Order. Respondent and 14 the above-specified entities shall fully cooperate with the Department in accordance with Chapter 631, Florida Statutes. Such cooperation shall include, but not he limited to, the taking of oral testimony under oath of Respondent's officers, directors, managers, trustees, agents, adjusters, employees, or independent contractors of Respondent, its affiliates and any other person who possesses any executive authority over, or who exercises any control over, any segment of the affairs of Respondent in both their official, representative and individual capacities and the production of all documents that are calculated to disclose the true state of Respondent's affairs. 50. Any officer, director, manager, trustee, administrator, attorney, agent, accountant, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises or exercised any control over, any segment of the affairs of Respondent or its affiliates shall fully cooperate with the Receiver as required by Chapter 631, Florida Statutes and as set out in the preceding paragraph. Upon receipt of a certified copy of the Order, any bank or financial institution is required to immediately disclose to the Receiver the existence of any accounts of Respondent and any funds contained therein and any and all documents in its possession relating to Respondent for the Receiver's inspection and copying, including but not limited to all records, statements. NOTICE OF AU'roMATIC STAY 51. Notice is given that, pursuant to Section 631.041(1), Florida Statutes, the filing of the Department's initial petition herein operates as an automatic stay applicable 15 to all persons and entities, other than the Receiver, which shall be permanent and survive the entry of the order, and which prohibits: A. The commencement or continuation of judicial, administrative or other action or proceeding against the insurer or against its assets or any part thcreolj B. The enforcement of a judgment against the insurer or an affiliate, provided that such affiliate is owned by or constitutes an asset of Respondent, obtained either before or after the commencement of the delinquency proceeding; C. Any act to obtain possession of property of the insurer; D. Any act to create, perfect or enforce a lien against property of the insurer, except a secured claim as defined in Section 631.011, Florida Statutes; E. Any action to collect, assess or recover a claim against the insurer, except claims as provided for under Chapter 631; F. The set-off or offset of any debt owing to the insurer except offsets as provided in Section 631.231, Florida Statutes. 52. Notice is further given that, pursuant to Sections 631.67 and 631.924, Florida Statutes, all proceedings in which the Respondent is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative hoard in this state shall be stayed for six (6) months, or for a period of time greater than six (6) months from the date of this Order, granted by a court of competent jurisdiction. 16 53. All Sheriffs and all law enforcement officials of this state are required to cooperate with and assist the Receiver in the implementation of this Order. 54. This Court shall retain jurisdiction of this cause for the purpose of granting such other and further relief as from time to time shall be deemed appropriate. DONE AND ORDERED in Chambers in Tallahassee, Lcon County, Florida this ?? day of November, 2002. ?ANB E. S Ci rt Judge ge L:OrdeWConsmt to Liyuidafion proposed 1114.dm ACoVedCopy , ?o-1111 Att ^% LBab fr1r- u 1 C;efif f?(,'IfCI!ii qCIJrt ^Loon,C•tinn, F•o a 17 HARRY KRUGER and IRENE KRUGER, Plaintiffs v. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, rar :1.w f, w, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin, J do hereby certify that on this ? day of January, 2003, 1 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 JAN 2 N 2003 I , I?ARRY K:.UGER and IRENE KRUGER, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 994461 CIVIL TERM ANN E. PERAGINE, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED NOTICE OF SUGGESTION OF STAY Defendant, Anne E. Peragine maintains of policy of insurance issued by Aries Insurance Company which policy of insurance has effective dates inclusive of the February 17, 1998 accident which is the subject of this lawsuit. On November 14, 2002, the Circuit Court of the Second Judicial District in and for Leon County, Florida In re: the receivership of Aries Insurance Company, a Florida corporation, Case No. 02-CA-1128, issued a Consent Order relevant to the above-captioned matter. A copy of which is attached hereto as Exhibit "A". The Circuit Court's Order provides in relevant part for and automatic stay applicable to all actions involving Aries Insureds in which Defend submits is applicable therefore to this action. (See, Exhibit "A" at paragraphs 51 a-f). Defendant, Anne F. Peragine, therefore respectfully requests that this Honorable Court honor the Circuit Court's Consent Order of November 14, 2002 generally, and particularly those provisions set forth at paragraphs 51 a-f and 52 therein, and direct that this action be stayed indefinitely. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY DATE: / Stphk41 arcavage, Esquire 1. o. 78867 4200 Crmns Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Additional Defendant APPROVED BY THE COURT J. IN THE CIRCUIT COURT OF TIIE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA In Re: The Receivership of ARIES INSURANCE COMPANY, Mda THE ARIES INSURANCE COMPANY, INC., ORION INSURANCE COMPANY, AMERICAN SKYIJAWK INSI TRANCE COMPANY and THE GREEN TREE CASE NO.: 02-CA-1128 INSURANCE COMPANY, INC. (f/k/a THE GREEN TREE INSURANCE COMPANY, INC, a Pennsylvania corporation), a Florida corporation authorized to transact an insurance business in Florida, INJUNCTION AND NOTICE OF AUTOMATIC STAY THIS CAUSE was considered on the Receiver's Petition for Consent Order Appointing the Florida Department of Insurance (hereafter "Department") as Receiver for Purposes of Liquidation, Injunction and Notice of Automatic Stay. The Court having reviewed the pleadings of record, having heard presentation of counsel, and otherwise being fully informed in the premises, finds that: 1. Aries Insurance Company (hereinafter referred to as "Respondent") is a Florida corporation with its principal place of business at 560 N.W. 165'" Street Road, Miami, Florida 33169, and is a domestic insurer authorized to transact an insurance business in this state. This Court ordered Aries into rehabilitation on May 9, 2002. 2. Section 631.021(3), Florida Statutes, provides that a delinquency proceeding pursuant to Chapter 631, Part 1, Florida Statutes, constitutes the sole and exclusive DEFENDANT'S EXHIBIT method of liquidating, rehabilitating, reorganizing, or conserving a Florida domiciled insurer. 3. Section 631.061, Florida Statutes, authorizes the Department to apply to this Court for an order directing the Department to liquidate a domestic insurer upon the existence ofany of the grounds specified in Section 631.051. Florida Statutes. 4. Section 631.051(11), Florida Statutes, authorizes the Department to apply to this Court for an order directing it to liquidate a domestic insurer upon the ground that the insurer has consented to such an order through a majority of its directors, stockholders, members, or subscribers. 5. On May 9, 2002 this Court entered a Consent Order appointing the Department as Receiver for the purposes of rehabilitation based upon Respondent's consent. 6. On November 14, 2002 Respondent consented to the appointment of the Department as Receiver for purposes of liquidation 7. Respondent is insolvent within the meaning of the provisions of Section 631.011, Florida Statutes, and as defined under Chapter 631, Florida Statutes. 8. It is in the best interest of Respondent and its creditors and insureds that the relief requested in the petition be granted and that the Department be appointed as Receiver for purposes of liquidation. 9. The automatic stay provided for in Section 631.041(1), Florida Statutes, provides that the filing of a petition for order to show cause or a petition fora consent seal! remain in full force and effect and notice of the automatic stay is republished in this order of liquidation. 2 10. Sections 63 1.041(3) and (4), Florida Statutes, authorize this Cowl to enter such injunctions as it deems appropriate to protect the remaining assets of (tic Respondent and prevent interference with the conduct of these proceedings. IT IS THEREFORE ORDERED AND ADJUDGED: 11. 'File Florida Deparuucnt of Insurance is hereby appuintcd Receiver Uf Respondent for the purposes of liquidation, and is authorized and directed to proceed with the liquidation of Respondent, and to carry out its duties as enumerated under the controlling provisions of Chapter 631, Florida Statutes. 12. Respondent's policies of insurance which are in force as of the date of this Order are cancelled thirty (30) days from the date of this Order, 11:59 p.m., December l9i /4, 2002, in accordance with the provisions of Section 631.252, Florida Statutes; provided, however, that any policies of flood insurance issued by Respondent pursuant to the National Flood Insurance Act of 1968, as amended shall not be cancelled. Policies with a normal expiration date, or those policies that are cancelled for non-payment of premium prior to 11:59 p.m., December 14, 2002, shall stand cancelled as of the earlier time and date. 13. In accordance with Section 631.181(3), Florida Statutes, all claims shall be filed with the Receiver on or before 11:59 p.m., November 14, 2003, or be forever barred and all such claims shall be filed on proof of claim fors provided by the Receiver. 14. The Receiver's report and recommendation on claims as specified in Section 631.182, Florida Statutes, shall contain the pavee(s) or claimant(s) for each claim as it has been filed with the Receiver by submission of a properly executed Proof of Claim for. The Receiver shall make payment to the payee(s) or claimant(s) named on the report. Any 3 and all assignments of claims are a private contract between the payee(s) or claimant(s) and a third party and the Receiver has no administrative responsibility to recognize or reflect the assignment on the report and recommendation. The Receiver shall not he responsible for and shall not recognize or accept any assignment of a claim by the payee(s) or claimant(s) of record to any third party. 15. The Florida Department of Insurance is authorized to cancel and render null and void any certificate of authority issued by the Department of Insurance and required by the Florida Insurance Code in order for Respondent to do business in the State of Florida. 16. Pursuant to Section 631.111(3), Florida Statutes, the corporate existence of Respondent is dissolved. The Secretary of State is directed to reflect such dissolution in its records upon the receipt of a certified copy of this Order. 17. The Receiver is authorized to negotiate and settle subrogation claims and Final Judgments tip to and including the sum of 520,000.00 without further order of this Court. 18. The Receiver is authorized to sell salvage recovered, having value of not more than $20,000.00 without further order of this Court. 19. The Receiver shall give notice of this proceeding to Respondent's general agents and licensed agents, pursuant to Section 631.341, Florida Statutes. The general agents and licensed agents shall in turn give notice as required in Section 631.341, Florida Statutes. 20. The Receiver is authorized to coordinate the operation of the receivership with the Florida Insurance Guaranty Association pursuant to Part IT of Chapter 631, Florida Statutes, the Florida Workers' Compensation Association pursuant to Part V of Chapter 4 631, Florida Statutes, and, in the Receiver's discretion, to enter into such contracts with any applicable guaranty associations as may be required to provide services as are necessary to curry out the purpose of Chapter 631, Florida Statutes. 21. The Receiver is authorized and directed to take immediate possession of all the property, assets and etaato and all uthcr Propcrp• of every kind whatsoever and wherever located belonging to, or in the possession of, Respondent, pursuant to Chapter 631, Florida Statutes, including but not limited to: all offices maintained by Respondent, rights of action, books, papers, data processing records, evidences of debt, bank accounts, savings accounts, certificates of deposit, stocks, bonds, debentures and other securities, mortgages, investments, software, electronic data, e-mail, websites, furniture, fixtures, office supplies and equipment, and all real property of Respondent, wherever situated, whether in the possession of Respondent or its officers, directors, employees, managers, consultants, trustees, adjusters, attorneys, agents, or affiliates. 22. The Receiver is authorized and directed to liquidate the assets of Respondent including but not limited to funds held by Respondent's agents, sub-agcnts, producing agents, brokers, solicitors, service representative or others under agency contracts or otherwise which are due and unpaid to Respondent including premiums, unearned commissions, agents' balances, agents' reserve finds and subrogation recoveries, appoint one or more special agents and employ and authorize the compensation of legal counsel, actuaries, accountants, clerks, consultants and such assistants as it deems necessary, purchase or ]ease personal or real property as it deems necessary, and authorize the payment of the expenses of these proceedings and the necessary incidents thereof, as 5 approved by the Court, to be paid out of the funds or assets of Respondent in the possession of the Receiver or coining into its possession. 23. The Receiver is authorized and directed to reimburse such employees, from the funds of this receivership, for their actual necessary and reasonable expenses incurred while traveling on the business ofthis receivership. 24. The Receiver is authorized and directed to not defend or accept service of process on legal actions wherein Respondent, the Receiver, or the insured is a party defendant, commenced either prior to or subsequent to this order, without authorization of this Court; except, however, in actions where Respondent is a nominal party, as in certain foreclosure actions, and the action does not affect a claim against, or adversely affect the assets of Respondent, the Receiver may file appropriate pleadings in its discretion. 25. Process servers shall not serve any paper on Respondent or the Receiver, except as set out in paragraph 24, absent permission of this Court or waiver by the Receiver. 26. The Receiver is authorized and directed to commence and maintain all legal actions necessary, wherever necessary, for the proper administration of this receivership proceeding. 27. The Receiver is authorized and directed to collect any and all debts which are economically feasible to collect which are due and owing to Respondent, including but not limited to, funds or premiurns held by aeents of Respondent under agency contracts or otherwise. 6 28. The Receiver is authorized and directed to deposit funds and maintain bank accounts in accordance with Section 631.221, Florida Statutes. 29. The Receiver is authorized and directed to take possession of all of Respondent's securities and certificates of deposit on deposit with the Treasurer of Florida, if any, and convert to cash or reinvest as much as may he necessary, in its judgment, to pay the expenses of administration of this receivership, or otherwise best benefit the estate. 30. The Receiver is authorized and directed to publish notice specifying the time and place fixed for the filing of claims with the Receiver once each week for three consecutive weeks in the Florida Administrative Weekly published by the Secretary of State, and at least once in the Florida Bar News. 31. The Receiver is authorized and directed to apply to this Court for further instructions in the discharge of its duties as may be necessary. 32. Any officer, director, manager, trustee, attorney, agent, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises, or exercised, any control over any segment of Respondent's affairs, or the affairs of its affiliates, shall be filly required to cooperate with the Receiver, pursuant to Section 631.391, Florida Statutes. 33. Title to all property, real or personal, all contracts, rights of action and all hooks and records of Respondent, wherever located, shall be vested in the Receiver, pursuant to Sections 631.111 and 631.141, Florida Statutes. 7 34. The Receiver is granted all of the powers of the Respondent's directors, officers and managers, whose authority is suspended. The Receiver has full power to direct and manage the affairs of Respondent, to hire and discharge employees, and to deal with the property and business of Respondent. 35. All attorneys employed by Respondent (e.ecluding Iuorncys representing Aries insurance Company in connection with this rehabilitation and/or liquidation proceeding) as of the date of this Order, within ten (10) days notice of the Order, shall be required to report to the Receiver on the name, company claim number and status of each file they are handling on behalf of Respondent. Said report should also include an accounting of any funds received from, or on behalf of, Respondent. All such attorneys employed by Respondent arc advised that pursuant to Section 631.011, Florida Statutes, a claim based on mere possession does not create a secured claim and all attorneys employed by Respondent, pursuant to In Rc the Receivership of Syndicate Two htc, 538 So.2d 945 (Fla. I" DCA 2000), who are in possession of litigation files or other material, documents or records belonging to or relating to work performed by the attorney on behalf of Respondent is required to deliver such litigation files, material, documents, electronic data, a-mails or records intact and without purging to the Receiver, on request, notwithstanding any claim of a retaining lien which, if othenvise valid, should not be extinguished by the delivery of these documents. All attorneys described herein are hereby discharged as of the date of this Order unless otherwise retained by Receiver. 36. All agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of Respondent are required to account for and pay all premiums, unearned commissions or any other commissions due to cancellation of 8 Policies by this Order or in the normal course of business, owed to Respondent directly to the Receiver within 20 days of demand by the Receiver or appear before this Court to show cause, if any they may have, as to why they should not be required to account to the Receiver or be held in contempt of Court for violation of the provisions of the Order. No agent. broker, premium linauce company or other person should use premium monies owed to Respondent for refund of unearned premium or for any purpose other than payment to the Receiver. 37. Any premium finance company, which has entered into a contract to finance a premium for a policy, which has been issued by Respondent, is required to pay any premium owed to Respondent directly to the Receiver. 38. Reinsurance premiums due to or payable by Respondent are to be remitted to, or disbursed by, the Receiver. The Receiver will handle reinsurance losses recoverable or payable by the Respondent. All correspondence concerning reinsurance will be between the Receiver and the reinsuring company or intermediary. 39. Upon request by the Receiver, any company providing telephonic services to Respondent will provide a reference of calls from the number presently assigned to Respondent to any such number designated by the Receiver or perform any other services or changes necessary to the conduct of the receivership. 40. Any bank, savings and loan association, financial institution or any other entity or person, which has on deposit or in its possession, custody or control any funds, accounts and any other assets of Respondent shall immediately transfer title, custody and control of all such funds, accounts or assets to the Receiver and are hereby instructed that the Receiver has absolute control over such funds, accounts and other assets. The 9 Receiver is authorized to change the name of such accounts and other assets, withdraw them from such bank, savings and loan association or other financial institution, or take any lesser action necessary for the proper conduct of this receivership. No bank, savings and loan association, or other financial institution is permitted to exercise any form of set-off, alleged set-off, lien, or any form of self help whatsoever, or refuse to transfer any funds or assets to the Receiver's control without the permission of this Court. 41. Except for contracts of insurance, all executory contracts to which Respondent was a party are cancelled unless specifically adopted by the Receiver within thirty (30) days of the date of this Order. The rights of the parties to any such contracts are fixed as of the date of the order, and any cancellation under this provision should not be treated as an anticipatory breach of such contracts. 42. Any entity furnishing water, electric, telephone, sewage, garbage or trash removal services to Respondent is required to maintain such service and transfer any such accounts to the Receiver as of the date of this order, unless instructed to the contrary by the. Receiver. 43. Any data processing service which has custody or control of any data processing information and records including but not limited to source documents, data processing cards, input tapes, all types of storage information, master tapes or any other recorded information relating to Respondent is required to transfer custody and control of such records to the Receiver. The Receiver is authorized to compensate any such entity for the actual use of hardware and software, which the Receiver finds to be necessary to this proceeding. Compensation will be based upon the monthly rate provided for in contracts or leases with Respondent which were in effect when this proceeding was 10 instituted, or based upon such contract as may be negotiated by the Receiver, for the actual time such equipment and software is used by the Receiver. 44. The United States Postal Service is directed to provide any information requested by the Receiver regarding Respondent and to handle future deliveries of Respondent's mail as directed by (tic Rccei%-cr. 'I he United States Postal Service is also directed to continue to forward directly to Aries Insurance Company's place of business, 560 N.W. 165`h Street Road, Miami, Florida 33169, all mail addressed to Onyx Insurance Group, Inc., Onyx Underwriters, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Green Tree Insurance Company, Inc., American Skyhawk Insurance Company, Orion Insurance Company, Omega Finance Corporation, The Fenix Group, Inc., Golden Glades Office Park Condominium until further notice from Receiver. The affiliates shalt have the option to appoint a representative (excluding any officers or directors and/or any former officers and directors of Aries and its affiliates) to be present each day (at a time of day mutually agreed upon) for the opening and review of any such mail addressed to them and to retain any such mail which does not pertain to Respondent. In the event the affiliates do not have a representative present, the Receiver agrees that any mail addressed to the affiliates which does not pertain to Respondent will be forwarded to the affiliates within thirty-six (36) hours to a post office box to be supplied to the Receiver by the affiliates, 45. All affiliated companies and associations including, but not limited to, The Firemark Global Insurance Fund, L.P., The Fenix Group, Inc., Fenix Financial Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corpomtion, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium Finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Office Park Condominium Association III, Inc., Golden Glades Park Office Park Condominium, The Aries Insurance Group, Inc., American Skyhawk Insurance Group, Inc. ED Group, Inc., Seguros Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., Paul Fraymd, President and Director, Saul Fraynd, Secretary and Director, Fanny Fraynd, Treasurer, Vice-President and Director, Gladys Fraynd, Vice-President and Director, Marcos Fraynd, Director, Tamara Fraynd, Director, Salomon Singer, Director, are directed to make their books and records available to the Receiver, and to provide copies of any records requested by the Receiver. The Receiver has title to all policy files and other records of, and relating to Respondent, whether such documents are kept in offices occupied by an affiliate company or any other person, corporation, or association. The Receiver is authorized to take possession of any such records, files, and documents, and to remove them to any location in the Receiver's discretion. Any disputed records should not be withheld from the Receiver's review, but safeguarded and presented to this Court for review prior to copying by the Receiver. 46. The Receiver shall have complete access to all computer records of Respondent and its affiliates at all times including but not limited to Respondent's computer records. 47. Any person, firm, corporation or other entity having notice of this Order that fails to abide by its terms may be directed to appear before this Court to show good 12 cause, if any they may have, as to why they should not be held in contempt of Court for violation of the provisions of this Order. 48. Pursuant to Sections 631.041(3) and (4), Florida Statutes, all persons, firms, corporations and associations within the jurisdiction of this Court, including, but not limited to, Respondent :uid its oftieers, directors, stockholders, members, subscribers, agents employees and affiliates, arc hereby enjoined and restrained from doing, doing through omission, or permitting to be done any action which might waste or dispose of the books, records, electronic data, e-mail, and assets of Respondent or pertaining to Respondent; from in any means interfering with the Receiver or these proceedings; from the transfer of property and assets of Respondent without the consent of the Receiver; from the removal, concealment, or other disposition of Respondent's property, books, records, electronic data, e-mail, and accounts; from the commencement or prosecution of any actions against Respondent or the Receiver, or the service of process and subpoenas, or the obtaining of preferences, judgments, writs of attachment or garnishment or other liens; and from the making of any levy or execution against Respondent or any of its property or assets. Notwithstanding the provisions of this paragraph, the Receiver is permitted to accept and be subpoenaed for non-party production of claims rites in its possession, including medical records, which may be contained therein. In such cases, the requesting party must submit an affidavit to the Receiver stating that notice of the nun-party production was appropriately issued and provided to the patient and that the patient was given the opportunity to object and either did not object to the non-party production, or objected and the Court overruled the objection, in which case a copy of the Court's ruling must be attached to the affidavit. The Receiver is authorized to impose a 13 charge for copies of such claim files pursuant to the provisions of Section 119.07(I)(a), Florida Statutes. CONTINUATION OF INVESTIGATION 49. The Receiver may conduct an investigation as authorized by Chapter 631, Florida Slatutcs, of Respondent and its affiliates, as del-'tied above and by Section 63 1.01111), Florida Statutes, to uncover and make fully available to the Court the true state of Respondent's financial affairs. In furtherance of this investigation, Respondent and its parent corporations, its subsidiaries, its affiliates and its third party administrator, including but not limited to The Firemark Global Insurance Fund, L.P.; The Fenix Group, Inc., Onyx Insurance Group, Inc., Onyx Capital Corporation, Green Tree Insurance Group, Inc., Onyx Underwriters, Inc., Gamma Adjusters, Inc., Insurance Collections Services, Inc., Omega Finance Corporation, Omega Finance Corp., Octagon Computer Solutions, Continental Premium finance Co. Inc., Southern Inspections Group, Inc., Golden Glades Offices, Inc., Golden Glades Office Park Condominium Association 117, Inc., Golden Glades Park Office Park Condominium, The Aries Insurance Group, Inc., American Skyhawk Insurance Group, Inc., EB Group, Inc., Segurous Carabobo, C.A., Palmetto Development Group, Inc., Gardens Commercial Holdings, Ltd., Gardens Commercial Investments, Inc., Mantle Business, Inc., Media Group, Inc., any officer, director, manager, trustee, agent, adjuster, employee or independent contractor, shall make all books, documents, accounts, records, and affairs, which either belong to or pertain to Respondent, available for full, free and unhindered inspection and examination and copying (at cost to the Receiver) by the Receiver during normal business hours (9:00 a.m. to 5:00 p.m.) Monday through Friday, from the date of the Order. Respondent and 14 the above-specified entities shall fully cooperate with the Department in accordance with Chapter 631, Florida Statutes. Such cooperation shall include, but not be limited to, the taking of oral testimony under oath of Respondent's officers, directors, managers, trustees, agents, adjusters, employees, or independent contractors of Respondent, its of iliatcs and any other person who possesses any executive authority over, or who exercises any control over, any segment of the affairs of Respondent in both their official, representative and individual capacities and the production of all documents that arc calculated to disclose the true state of Respondent's affairs. 50. Any officer, director, manager, trustee, administrator, attorney, agent, accountant, actuary, broker, employee, adjuster, independent contractor, or affiliate of Respondent and any other person who possesses or possessed any executive authority over, or who exercises or exercised any control over, any segment of the affairs of Respondent or its affiliates shall fully cooperate with the Receiver as required by Chapter 631, Florida Statutes and as set out in the preceding paragraph. Upon receipt of a certified copy of the Order, any bank or financial institution is required to immediately disclose to the Receiver the existence of any accounts of Respondent and any finds contained therein and any and all documents in its possession relating to Respondent for the Receiver's inspection and copying, including but not limited to all records, statcrncnts. NOTICE OF AUTOMATIC STAY 51. Notice is given that, pursuant to Section 631.041(1), Florida Statutes, the filing of the Department's initial petition herein operates as an automatic stay applicable 15 to all persons and entities, other than the Receiver, which shall be permanent and survive the entry of the order, and which prohibits: A. The commencement or continuation ofjudicial, administrative or other action or proceeding against the insurer or against its assets or any part thercol, B. The enforcement of a judgment against the insurer or an affiliate, provided that such affiliate is owned by or constitutes an asset of Respondent, obtained either before or after the commencement of the delinquency proceeding; C. Any act to obtain possession of property of the insurer; D. Any act to create, perfect or enforce a lien against property of the insurer, except a secured claim as defined in Section 631.011, Florida Statutes; E. Any action to collect, assess or recover a claim against the insurer, except claims as provided for under Chapter 631; F. The set-off or offset of any debt owing to the insurer except offsets as provided in Section 631.231, Florida Statutes. 52. Notice is further given that, pursuant to Sections 631.67 and 631.924, Florida Statutes, all proceedings in which the Respondent is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative hoard in this state shall be stayed for six (6) months, or for a period of time greater than six (6) months from the date of this Order, granted by a court ofcompetent jurisdiction. 16 53. All Sheriffs and all law enforcement officials of this state are required to cooperate with and assist the Receiver in the implementation of this Order. 54. This Court shall retain jurisdiction of this cause for the purpose of granting such other and further relief as from time to time shall be deemed appropriate. DONE AND ORDERED in C'humbers in Tallahassee, I.cou County, Florida this day of November, 2002. ?ANE E. FE S Ci 1t Judge LOoders'Consent to Lipid,fion proposed 1114.doc A CerMind Copy LI( Curt Ln_on,Ctiane ii a 17 HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 4 e C? ! wan employee of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this .1-74, day of January, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER &JANUZZI,LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 i ?7dNfP?i'AIIAA'nYJ:.w;na+ ?.?.,..._._... .? __.._..... i i f 1 1 HARRY KRUGER and IRENE KRUGER, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4461 CIVIL TERM ANN E. PERAGINE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED o nC •r, % - M PRAECIPE TO NOTE, STAY OF PROCEEDINGS Z:- TO THE PROTHONOTARY: > C_ In accordance with the Consent Order of the Circuit Court of the Second JudiciI Diict in and for Leon County, Florida, dated November 14, 2002, paragraphs 51 a-f and 52 therefore, a copy of which is attached hereto, kindly note on the docket an automatic stay of all proceedings in this matter, which involves a party which Aries Insurance Company is obligated to defend. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: STEPIXN J. BARCAVAGE, ESQUIRE L o. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 DATE: Attorneys for Additional Defendant HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of January, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O.Box60545 Harrisburg, PA 17106-3700 . .F. l l f HARRY KRUGER and IRENE KRUGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4461 CIVIL TERM ANN E. PERAGINE, CIVIL ACTION - LAW '' - rn ` Defendant JURY TRIAL DEMANDED PRAECIPE TO NOTE STAY OF PROCEEDINGS TO THE PROTHONOTARY: In accordance with the Consent Order of the Circuit Court of the Second Judicial District in and for Leon County, Florida, dated November 14, 2002, paragraphs 51 a-f and 52 therefore, a copy of which is attached hereto, kindly note on the docket an automatic stay of all proceedings in this matter, which involves a party which Aries Insurance Company is obligated to defend. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: / / 7 3 BY: i' - S J. BARCAVAGE, ESQUIRE I. o. 78867 4200 Crams Mill Road, Suite B Harrisburg, PA 171 12 Attorneys for Additional Defendant HARRY KRUGER and 1RENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, d V1 5L a i employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ? day of January, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 A C-11 JAN 2 81003 HARRY KRUGER and IRENE KRUGER, IN THE COURT OF Cr" , ;;.I PLEAS Plaintiffs CUMBERLAND COUI'?'fY, PENNSYLVANIA V. NO. 99-4461 CIVIL TERM ANN E. PERAGINE, CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED PRAECIPE TO NOTE STAY OF PROCEEDINGS TO THE PROTHONOTARY: In accordance with the Consent Order of the Circuit Court of the Second Judicial District in and for Leon County, Florida, dated November l4, 2002, paragraphs 51 a-f and 52 therefore, a copy of which is attached hereto, kindly note on the docket an automatic stay of all proceedings in this matter, which involves a party which Aries Insurance Company is obligated to defend. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 7 v3 BY: SYEPt?LN J. BARCAVAGE, ESQUIRE I. o. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Additional Defendant HARRY KRUGER and IRENE KRUGER, Plaintiffs V. ANN E. PERAGINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4461 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, LL, Se,n employee of Marshall, Dermehey, Warner, Coleman & Goggin, do hereby certify that on this day of January, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700