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Home My WebLink About99-04534w 1 i .. ?? cal cr 02116-97 05/20/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE M. HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, VS. STATE AUTO INSURANCE COMPANY, Defendant. No. 179-'yam l? lU l ?,ZJ ?J RULE AND NOW, this /??/? "?/?day of ?Iv r 1999, upon consideration of the within Petition, a Rule is hereby granted upon Respondent, State Auto Insurance Company, to show cause why Petitioners' underinsured motorist claim should not be submitted to arbitration and Respondent should not be compelled to select an arbitrator. Rule returnable 20 days. 6tr^, BY THE COUP J. Z(Alt) ATTEST: 02116-97 05/20/99 ZN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE -M. HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, No. -gg? VS. STATE AUTO INSURANCE COMPANY, Defendant. PETITION TO COMPEL ARBITRATION 1. Petitioners, Donald G. Hamaker, Sr. and Julianne M. Hamaker, are husband and wife, residing at 1105 Primrose Court, Apartment 302, Annapolis, Maryland 21403. At the time of the accident which is the subject of this litigation, Petitioners resided in Cumberland County, Pennsylvania. 2. Respondent, State Auto Insurance Company, is an insurance company duly licensed to do business in the Commonwealth of Pennsylvania with offices for service at P.O. Box 2006, 4900 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about March 7, 1997, Petitioners were the owners of two motor vehicles insured under a policy of automobile insurance issued by Respondent as more fully described in a declarations sheet, a copy of which is attached hereto, incorporated herein by reference, and marked for identification as Exhibit "A". 02116-97 05/20/99 4. On the above date, Petitioner Julianne M. Hamaker sustained severe personal injuries in a two-vehicle accident in Cumberland County, Pennsylvania. 5. The accident was the sole fault of the other driver, Linda F. Johnson. 6. Investigation has determined that Ms. Johnson, who had only $100,000.00 in coverage through Erie Insurance, is underinsured with respect to Petitioners claim. Erie Insurance has tendered its $100,000.00 policy limit and has filed an action in interpleader, seeking to pay its policy limits into Court. 7. Counsel for Petitioners have demanded underinsured motorist arbitration but Respondent has refused on the basis that the controlling law, Winslow-Quattlebaum v. Maryland Casualty Insurance, may be reversed if the Pennsylvania Supreme Court grants allocatur. 8. The controlling law of Pennsylvania as of the time of this application is that underinsured motorist benefits are available to Petitioners pursuant to the Quattlebaum decision. 9. Petitioners' insurance policy with Respondent provides for arbitration. 10. Respondent has refused to agree to arbitration and has indicated that it will not act prior to a decision by the Pennsylvania Supreme Court in Winslow-Quattlebaum. A true and correct copy of counsel's letter of April 29, 1999, is attached hereto, fully incorporated herein by reference, and marked for identification as Exhibit "B". WHEREFORE, Petitioners pray your Honorable Court to issue a Rule upon the Respondent to show cause why Petitioners' uninsured - 2 - 02116-97 05/20/99 motorist claim should not be submitted to arbitration and Respondent should not be compelled to select an arbitrator. Respectfully submitted, ZIMMERMAN, PFANNEBECKE NUFFORT & ALBERT By eil L. Albert NIJ Attorneys for Petitioners Attorney I.D. #23368 22 South Duke Street Lancaster, Pennsylvania 17602 Telephone No. (717) 299-0711 - 3 - 02116-97 05/20/99 VERIFICATION I, DONALD G. HAMAKER, verify that the statements made in the foregoing Petition to Compel Arbitration are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED: In tJ' ? /m l.KtY -F. / ?_ 7- DONALD G. AMAKER 02116-97 05/20/99 VERIFICATION I, JULIANNE M. HAMAKER, verify that the statements made in the foregoing Petition to compel Arbitration are true and correct to the beat of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED EXHZS=T • IML" os %? .TATE tAlJTO* LIMITED NTTORT PERSONAL AUTO POLICY ?`? Il1SUIdnceTRQ5 ET,UATIONS PAGE WITH POLICY FORMS AND ENDORSEHE AMENDS THE POLICY EFFECTIVE 02/15/97. REASON FOR AMENDMENT ADD DRIVER POLICY HUMalm FROM POLICY PERIOD 10 COVERAGE IS PROVIDED IN THE AGENCY PROD PAP 3956034 10/30/96 04/30/97 STATE AUTO PROP. & CAS. 6812 00 NAMED INSURED AND ADDRESS AGENT DONALD G & JULIANNE M HANAKER HILLER INSURANCE ASSOC INC 11 LYNN AVE 19 BROOKWOOD AVENUE SUITE 102 NEW BURG, PA 17240 CARLISLE, PA 17013 TELEPHONE 717/243-4400 IF YOUR POLICY PROVIDES COLLISION COVERAGE PROVIDE COLLISION COVERAGE FOR A NON-OWNED DURING THE POLICY TERM. NON-OWNED AUTO Y.E. VAN OR "TRAILER" NOT OWNED BY OR FURNISHED YOU OR ANY "FAMILY MEMBER'". (NOTICE PROVII VEHICLES COVERED ST TER YR MARE-DESCRIPTION SER NUMBER-?,* 1 PA 027 89 FORD BRONCO II 1FMCU14T2RY1 02 PA 027 90 PLYMO GRAND VOYA 1P4FH54R ]L= COVERAGE IS PROVIDED WHERE A PRE COVERAGE LIMITS A LIABILITY-BODILY INJURY $ A LIABILITY-PROPERTY DAMAGE C FIRST D LR BENEFIT IT WI P AM CHG DATE AUTO 1 PREMIUMS 95.00 205.00 49.00 105.00 21.00 21.00 OTHER THAN COLLISION $ 50 DEDUCTIBLE 26.00 48.00 COLLISION $ 500 DEDUCTIBLE 77.00 158.00 TOTAL BY AUTO 268.00 537.00 TOTAL TERM PREMIUM $805.00 *** YOUR STATE AUTO COMPANIES AUTO POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW: PREMIUMS REFLECT AUTO/HOME DISCOUNT OF: 46.00 94.00 MULTI-CAR DISCOUNT APPLIED TO AUTO 1,2 SIZE OF CAR DISCOUNT APPLIED TO AUTO 2 DRIVER ID DRIVER NAME LICENSE NUMBER BIRTH DATE 02 JULIANNE HAMAERKER 112255992 6336388 03%01%54 03 DONALD G HAMAKER JR 25493873 12/29/80 ENDORSEMENTS/FORMS FORM DATE AUTO FORM DATE AUTO FORM DATE AUTO FORM DATE AUTO PPOOOI 04/86 ALL PP000 12/89 ALL PP015 08/92 ALL PPAU2 06/92 ALL PP0309 04/86 001 PP0551 11/92 001 AU 0338 07%90 001 PP0309 04/86 002 PP0551 11/92 002 AU0338 07/90 002 PP0305 08/86 002 ... I *****CONTINUED ON NEXT PAGE*******PAGE 1 I .MM. INSURED GUPY STATE AU AMENDED DECLARATIONS LIMITED TORT PERSONAL AUTO POLICY I11SUf8nceT?ppBfffflATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS AMENDS THE POLICY EFFECTIVE 02/15/97. REASON FOR AMENDMENT ADD DRIVER POLICY NUMBER POtICT PERIOD COVERAGE IS PROVIDED M THE ^?^`• SflOY TO PAP 3956034 10/30/96 04/30/97 STATE AUTO PROP. & CAS. 6812 00 NAMED INSURED AND ADORESS AGENT DONALD G & JULIANNE M HAMAKER MILLER INSURANCE ASSOC INC 11 LYNN AVE 19 BROOKWOOD AVENUE SUITE 102 NEW BURG, PA 17240 CARLISLE, PA 17013 TELEPHONE 717/243-4400 LOSS PAYEE FOR AUTO #002 FA MERS2TRUST CO Po Box CARLISLE, PA 17013 ******************************************************************************** PURSUANT TO PENNSYLVANIA LAW, WE ARE REQUIRED TO NOTIFY YOU THAT: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION SHALL UPON TION,E SUBJECT TO IMPkISONMENT FOR UP TO SEVEN YEARS AND PAYMENT bF A * ************ **#,?r********************************************************** CONVIO TB THE PREMIUM FOR YOUR POLICY IS BASED ON THE RESIDENTS IN YOUR HOUSEHOLD DECLARED ON THE ORIGINAL APPLICATION OR OTHERWISE REPORTED TO YOUR AGENT. PLEASE KEEP YOUR AGENT INFORMED OF ANY ADDITIONAL DRIVERS IN YOUR HOUSEHOLD. POLICY PERIOD 12:01 AM STANDARD TIME 03/06/_97 DATE *****************PAGE 2 (LAST PAGE) .m EXHIBIT 693319 ^).03 egg BENNETT, BRICKLIN & SALTZBURC LLP ATTORNEYS AT LAW PHILADELPHIA OFFICE 100 SOUTH QUEEN STREET 16TH FLOOR 1601 MARKET STREET THIRD FLOOR PHnADEU'HIA,PA 191012793 LANCASTER, PENNSYLVANIA 17603.5368 (213) 3614300 FAX: (215) $61-6661 (717) 397.1100 FAX: (717) 797.1322 NEW JERSEY OFFICE 204 WHITE HORSE PIKE SECOND FLOOR HADDON HEIGHTS, M 08055.1739 (A09)547-5756 April 29, 1999 FAX: (609) 547.5880 Neil L. Albert, Esquire ZIMMERMAN, PFANNEBECKER & NUFFORT 22 South Duke Street Lancaster, PA 17603 Re: Donald & Julianne Hamaker vs. State Auto Insurance Company Dear Mr. Albert: MONTGOMERY COUNTY OFFICE ONE MONTGOMERY PLAZA SUITE 606 NORRISTOWN,PA 194014807 (610) 2724900 FAX: (610) 272.SIGS BUCKS COUNTY OFFICE 76 EAST STATE STREET FIRST FLOOR DOYLESTOWN. PA 18901-4362 (215) 489-0815 FAX: (215) 489-0818 Please be advised that State Auto Insurance Company has referred your client's claim for underinsured motorist benefits premised upon the decision of the Supreme Court of Pennsylvania in Winslow-Quattlebaum v Maryland Casualty Company to the undersigned. With all due respect to the Superior Court panel, we believe that the decision in that case is inconsistent with the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and the form promulgated by the insurance department for the rejection of underinsured motorist protection. We are advised that Maryland Casualty has filed a petition for allowance of appeal in the Supreme Court of Pennsylvania. Pending final disposition of the appeal in that case, we will continue to take the position that the rejection form signed by Donald G. Hamaker was valid and that State Auto Insurance Company has no obligation to provide underinsured motorist coverage in this case. BENNETT, BRICKLIN & SALTZBURO ATTORNEYS AT LAW April 29, 1999 Page 2 We respectfully suggest that the underinsured motorist claim be held in abeyance until there is a final decision in Winslow-Quattlebaum. If you have any questions concerning our position, I invite you to contact me. Very truly yours, Marla B. Bigelelsen MBB/rdw U`KA 02116-97 07/26/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE M. HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, No. VS. STATE AUTO INSURANCE COMPANY, Defendant. PROOF OF SERVICE I, NEIL L. ALBERT, ESQUIRE, hereby certify that on July 26, 1999, I did cause a true and correct copy of the foregoing Petition to Compel Arbitration to be served upon the person(s) and in the manner(s) indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and the Cumberland County, Pennsylvania, Rules of Civil Procedure. Service by first class mail addressed as follows: Marla B. Bigeleisen, Esquire Bennett, Bricklin & Saltzburg, LLP Third Floor 100 South Queen Street Lancaster, PA 17603-5368 ZIMMERMAN, PFANNEBECKXI? NUFFORT & ALBERT By: Neil L. Albert, Esquire Attorney for Plaintiffs Attorney I.D. No. 23368 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 JULIANNE M. HAMMAKER AND DONALD G. HAMAKER, SR. IN THE COURT OF CC)NVON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. STATE AUPO INSURANCE COMPANY UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA No. 99-4534 Civil Term I [AUG 12 19 9 i'f.{i ----?_ LERK Please acknowledge receipt of this case by signing and dating this docwent. RECORD RECEIVED: Date 9-(a-7 gnature & title) 9 PHILADELPHIA OFFICE 1601 MARKET STREET 16TH FLOOR PHILADELPHIA, PA 19103.2393 (215) 561-4707 FAX: (215) 561-6661 NEW JERSEY OFFICE 204 WHITE HORSE PIKE SECOND FLOOR HADDON HEIGHTS, NJ 080351739 036) 547.5756 FAX: (856') 547.5880 DELAWARE & CHESTER COUNTIES OFFICE 109 EAST EVANS STREET SUITE A WEST CHESTER, PA 193802600 (610) 3443990 FAX: (610) 3143995 BENNETT, BRICKLIN & SALTZBURG LLP ATTORNEYS AT LAW 100 SOUTH QUEEN STREET THIRD FLOOR LANCASTER, PENNSYLVANIA 17603.5368 (717) 393.4400 FAX: (717) 393.4322 August 5, 1999 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 MONTGOMERY COUNTY OFFICE ONE MONTGOMERY PLAZA SUITE 606 NORRISTOWN, PA 19401-4807 (610) 2724900 FAX: (610) 272.5105 BUCKS COUNTY OFFICE 76 EAST STATE STREET FIRST FLOOR DOYLESTOWN, PA 189014362 (215) 489-0815 FAX: (215) 499-0119 Re: Julianne & Donald Hamaker vs. State Auto Insurance Company Cumberland County Court of Common Pleas Docket No. 99-4534 Our File No. 87592 Dear Sir/Madam: Enclosed please find the Notice of Removal filed with the United States District Court for the Middle District of Pennsylvania. Please note the District Court docket number for this action is 1:CV 99-1382. Thank you for your attention to this matter. Very truly yours, Marla B. Bigeleisen MBB/rdw Enclosure cc: Neil L. Albert, Esquire NOTICE OF JUDICIAL ASSIGNMENT This case has been assigned to the Judicial Officer indicated below. Counsel and all parties are advised that there is an Office of the Clerk in the Federal Courthouses in Scranton, Harrisburg and Williamsport, Pennsylvania. Please file all pleadings directly with the Clerk's Office in which the Judicial Officer is stationed. Do not file any courtesy copies with the court In accordance with the local rules, counsel will file the original and two copies of all pleadings, motions, memoranda and other documents except discovery material, with the Clerk's Office. Counsel should file any additional copies with the Clerk's Office as may be required by the Local Rules, an Order of Court, or as required by the assigned Judicial Officer listed below. JUDICIAL ASSIGNMENT Judge Thomas 1. Vanaskie Judge A. Richard Caputo Judge James M. Munley Judge William J. Nealon Judge Richard P. Conaboy Judge Edwin M. Kosik William J. Nealon Federal Building & U.S. Courthouse 235 N. Washington Avenue P.O. Box 1148 Scranton, Pennsylvania 18501 (717) 207-5600 Judge Sylvia H. Rambo Judge Yvette Kane Judge William W. Caldwell Judge James F. McClure Judge Malcolm Muir U.S. District Courthouse 228 Walnut Street P.O. Box 983 Harrisburg, Pennsylvania 17108 (717)221-3920 U.S. District Courthouse 240 W. Third Street P.O. Box 608 Williamsport, Pennsylvania 17701 (717) 323-6380 NOTE: This case has been referred to the U.S. Magistrate Judge noted below. Please file all documents at the location indicated. 4- Magistrate Judge J. Andrew Smyser Harrisburg Address Magistrate Judge Raymond J. Durkin Scranton Address Magistrate Judge Thomas M. Blewitt Scranton address BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire ATTORNEYS FOR DEFENDANT I.D. No. 22241 BY: Marla B. Bigeleisen, Esquire I.D. No. 79717 FILED 100 SOUTH QUEEN STREET, 3RD FLOOR HARRISBURG, Ph LANCASTER, PA 17603 (717) 393-4400 AUG 4 1999 MARY E. VANDREA 1. JULIANNE M. HAMAKER and Per.- lerV DONALD G. HAMAKER, SR. UNITED STATES DISTRICt55 RT MIDDLE DISTRICT OF PENNSYLVANIA VS. - CIVIL ACTION NO. STATE AUTO INSURANCE COMPANY ACV ?®1382 NOTICE OF REMOVAL AND NOW comes defendant, State Auto Insurance Company, for the purpose only of removing the cause of action to die United States District Court for the Middle District of Pennsylvania and respectfully avers as follows: This is a civil action filed and now pending in the Court of Common Pleas of Cumberland County, Pennsylvania, docket number 99-4534. Said action was instituted in said court on or about July 26, 1999 by filing a Petition to Compel Arbitration of plaintiffs' underinsured motorist claim. 2. Thereafter, a copy of the Petition to Compel Arbitration was received and service accepted by counsel for State Auto Insurance Company on or about July 30, 1999. 3. A copy of said Petition to Compel Arbitration is attached hereto and marked as Exhibit "A". 4. A copy of said Acceptance of Service is attached hereto and marked as Exhibit "B". At the time of this claim, plaintiffs are citizens of the state of Maryland. At the time of the accident giving rise to plaintiffs' claims, plaintiffs were citizens of Cumberland County, Pennsylvania. Defendant, State Auto Insurance Company, is a corporation organized and existing under the laws of the state of Ohio, with its principal place of business at 518 East Broad Street, Colombus, Ohio 43215. 6. The amount in controversy is in excess of $75,000, exclusive of interest and costs. Defendant has, simultaneous with the filing of this Notice, given written notice to plaintiff. 8. Defendant is also filing a copy of this instant Notice of Removal and all attachments thereto to the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, defendant, State Auto Insurance Company, hereby removes this action to this Honorable Court pursuant to the laws of the United States in such cases made and provided. BENNETT, BRICKLIN & SALTZBURG LLP BY: 1' YIC MARLA B. BIGELEISEN, SQUIRE Attorney for Defendant .,-h?.UuWm,oci?a.?,.?.zric?n?z? ,.. ,,.. .... .. ....... ..... ...>.._...___............, .. _....__4.....s,a. ? ..._,..,. .... .. ? .._.?..i...?..n-.,2r„m,?a::wm?si: r ' Q m x W 02116-97 05/20/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE M. HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, VS. STATE AUTO INSURANCE COMPANY, Defendant. RULE AND NOW, this day of No. `19 - 4S3?1 , 1999, upon consideration of the within Petition, a Rule is hereby granted upon Respondent, State Auto Insurance Company, to show cause why Petitioners' underinsured motorist claim should not be submitted to arbitration and Respondent should not be compelled to select an arbitrator. Rule returnable 20 days. BY THE COURT, ATTEST: 02116-97 05/20/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE M.-HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, No. 'I'T " 4534 VS. STATE AUTO INSURANCE COMPANY, Defendant. PETITION TO COMPEL ARBITRATION 1. Petitioners, Donald G. Hamaker, Sr. and Julianne M. Hamaker, are husband and wife, residing at 1105 Primrose Court, Apartment 302, Annapolis, Maryland 21403. At the time of the accident which is the subject of this litigation, Petitioners resided in Cumberland County, Pennsylvania. 2. Respondent, State Auto Insurance Company, is an insurance company duly licensed to do business in the Commonwealth of Pennsylvania with offices for service at P.O. Box 2006, 4900 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about March 7, 1997, Petitioners were the owners of two motor vehicles insured under a policy of automobile insurance issued by Respondent as more fully described in a declarations sheet, a copy of which is attached hereto, incorporated herein by reference, and marked for identification as Exhibit "A". 02116-97 , 05/20/99 ? I / 4. On the above date, Petitioner Julianne M. Hamaker i sustained severe personal injuries in a two-vehicle accident in Cumberland County, Pennsylvania. 5. The accident was the sole fault of the other driver, Linda F. Johnson. 6. Investigation has determined that Ms. Johnson,-who had only $100,000.00 in coverage through Erie Insurance, is underinsured with respect to Petitioners claim. Erie Insurance has tendered its $100,000.00 policy limit and has filed an action in interpleader, seeking to pay its policy limits into Court. 7. Counsel for Petitioners have demanded underinsured motorist arbitration but Respondent has refused on the basis that the controlling law, Winslow-Quattlebaum v. Maryland Casualty Insurance, may be reversed if the Pennsylvania Supreme Court grants allocatur. 8. The controlling law of Pennsylvania as of the time of this application is that underinsured motorist benefits are available to Petitioners pursuant to the Quattlebaum decision. 9. Petitioners' insurance policy with Respondent provides for arbitration. 10. Respondent has refused to agree to arbitration and has indicated that it will not act prior to a decision by the Pennsylvania Supreme Court in Winslow-Quattlebaum. A true and correct copy of counsel's letter of April 29, 1999, is attached hereto, fully incorporated herein by reference, and marked for identification as Exhibit "B". WHEREFORE, Petitioners pray your Honorable Court to issue a Rule upon the Respondent to show cause why Petitioners' uninsured - 2 - 02116-97 05/20/99 motorist claim should not be submitted to arbitration and Respondent should not be compelled to select an arbitrator. Respectfully submitted, ZIMMERMAN, PFANNEBECKE , NUFFORT & ALBERT By• eiI L. Albert Attorneys for Petitioners Attorney I.D. #23368 22 South Duke Street Lancaster, Pennsylvania 17602 Telephone No. (717) 299-0711 - 3 - 02116-97 05/20/99 VERIFICATION I, JULIANNE M. HAMAKER, verify that the statements made in the foregoing Petition to compel Arbitration are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED?ha - 02116-97 05/20/99 VERIFICATION I, DONALD G. HAMAKER, verify that the statements made in the foregoing Petition to compel Arbitration are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED:-&:2 <y o? ?yL,? a)o-,, GAY 6L iJ?9l? ? DONALD G. AMAKER EXH=3B2T VVATL" ,s7 r V G Ab Me LINI ET DNTTORT PERSONAL AUTO POLICY .`LJ InsuranceTHiS B& ATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS AMENDS THE POLICY EFFECTIVE 02/15/97. REASON FOR AMENDMENT ADD DRIVER FROM IOIKY MUIEEI IOII(Y PERIOD To (OVFMGE if PROVIDED M MME FGEM(I I*O PAP 3956034 10/30/96 104/30/97 STATE AUTO PROP. & CAS. 6812 00 DONALD G & JULIANNE M HANARER HILLER INSURANCE ASSOC INC 11 LYNN AVE 19 BROOKWOOD AVENUE SUITE 102 NEW BURG, PA 17240 CARLISLE, PA 17013 TELEPHONE 717/243-4400 IF YOUR POLICY PROVIDES COL PROVIDE COLLISION COVERAGE DURING THE POLICY TERN. NC VAN OR "TRAILER" NOT OWNED YOU OR ANY "FAMILY MEMBER". COVERAGE FOR A COVERED AUTO IT NON-OWNED AUTO YOU RENT FOR 10 D, D AUTO MEANS A PRIVATE PASSENGER VEHICLES COVERED ST TER YR MARE-DESCRIPTION SE 1 PA 027 89 FORD BRONCO II IF 02 PA 027 90 PLYMO GRAND VOYA IF COVERAGE IS PROVIDED WHERE A PRE COVERAGE LIMITS A LIABILITY-BODILY INJURY $ A LIABILITY-PROPERTY DAMAGE $ C UNINSURED/UN DERINSURFA%PfOTdA FIRST AM CHG DATE 0 1 Y 95.00 205.00 49.00kt 105.00 21.00 21.00 s 40 D ACTUAL CA DAMAGE TOp OTHER THAN COLLISION $ 50 DEDUCTIBLE 26.00 48.00 COLLISION $ 500 DEDUCTIBLE 77.00 158.00 TOTAL BY AUTO 268.00 537.00 TOTAL TERM PREMIUM $805.00 *** YOUR STATE AUTO COMPANIES AUTO POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW: PREMIUMS REFLECT AUTO/HOME DISCOUNT OF: 46.00 94.00 MULTI-CAR DISCOUNT APPLIED TO AUTO 1,2 SIZE OF CAR DISCOUNT APPLIED TO AUTO 2 DRIVER ID DRIVER NAME LICENSE NUMBER BIRTH DATE 02 JULIANNE M HAMAKER RAMAKER 15336388 03%01%54 ..03 DONALD G HAMAKER JR 25493873 12/29/80 ENDORSEMENTS/FORMS FORM DATE AUTO FORM DATE PP000 04/86 ALL PP000 12/89 PP0309 04/86 001 PP0551 11/92 PP0551 11/92 002 AU0338 07/90 AUTO FORK DATE AUTO FORM DATE AUTO ALL PP015 08/92 ALL PPAU23 06/92 ALL 001 AU0338 07/90 001 PP0309 04%86 002 002 PP0305 08/86 002 *****r.ONTTNOF.n ON NEXT PAGE.*******PAGE I I .M. IlvJUncv s..1 • .? S lnsuranceTgpin TATE ANIONS PAGE LIMITED NITA AMENDED POLICY FORMS AND ENDORSEMENTS AMENDS THE POLICY EFFECTIVE 02/15/97. REASON FOR AMENDMENT ADD DRIVER POEN:Y RIMIER AOUCY PERIOD COVERAGE M PROVIDED R TIE AGENCY ,ROD FROM 10 PAP 3956034 110/30/96 04/30/97 STATE AUTO PROP. & CAS. 6812 00 NAMED NSORED AND ADDRESS JAGENT DONALD G & JULIANNE N HAMARER HILLER INSURANCE ASSOC INC 11 LYNN AVE 19 BROOKWOOD AVENUE SUITE 102 NEN BURG, PA 17240 CARLISLE, PA 17013 TELEPHONE 717/243-4400 LOSS PAYEE FOR AUTO #002 FARMERS TRUST CO PO BOX 220 CARLISLE, PA 17013 PURSUANT TO PENNSYLVANIA LAN, WE ARE REQUIRED TO NOTIFY YOU THAT: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION SHALL UPON CONVICTION, BE SUBJECT TO IMRISONHENT FOR UP TO SEVEN YEARS AND PAYMENT 6F A *iR*21,t*12A*1512221********a*rN***t*N*?**t******Nt**N***t**********trr*t*?**t ONETHPREMIUM FOR YOUR POLICY IS BASED ON E ORIGINAL APPLICATION OR OTHERWISE T REPORTED RESIDENTS YOUR AGENT. PLEASE HOUSEHOLD DECLARED YOUR AGENT INFORMED OF ANY ADDITIONAL DRIVERS IN YOUR HOUSEHOLD. 03/06/97 POLICY PERIOD 12:01 AM STANDARD TIME DATE ?aaaa asaaaaaaaa**n.I•c 9 /T ACT AArE) ..rm EXHZS=T ••r3" ?., n) 0 3 i9gS BENNETT, BRICKLIN & SALTZBURG LLP ATTORNEYS AT LA W PHILADELPHIA OFFICE 100 SOUTH QUEEN STREET ST 16THFI.OOR l601 MARKET T STREET THIRDFLOOR PHILADELPFDA,PA 39103•2393 LANCASTER,PENNSYLVANIA 17603.5361 (215) 5611300 (717) 393.1600 FAX (215) 5616661 FAX: (717) 393-6322 NEW JERSEY OFFICE 201 WHITEHORSE 793E SECOND FLOOR HADDONH10GH75,NJ MS-1739 (6"W-5756 April 29, 1999 FAX: (6W) 5476610 Neil L. Albert, Esquire ZIMMERMAN, PFANNEBECKER & NUFFORT 22 South Duke Street Lancaster, PA 17603 Re: Donald & Julianne Hamaker vs. State Auto Insurance Company Dear Mr. Albert: MONTGOMERY COUA7Y OFFICE ONE MONTGOMERY PIAZA SUITE 606 NORRISTOWN, PA 191014107 (610) 2724900 FAX: (610) 272.5105 B76EUCAKS57COUSTATEA7YST OFFICEEE7 R FIRST FLOOR DOYLESTOWN,PA 119014367 (215) 639a3S FAX: (715) 639.0111 Please be advised that State Auto Insurance Company has referred your client's claim for underinsured motorist benefits premised upon the decision of the Supreme Court of Pennsylvania in Winslow-OuattlebaumvMaryland Casualty Company to the undersigned. With all due respect to the Superior Court panel, we believe that the decision in that case is inconsistent with the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and the form promulgated by the insurance department for the rejection of underinsured motorist protection. We are advised that Maryland Casualty has filed a petition for allowance of appeal in the Supreme Court of Pennsylvania. Pending final disposition oftheappeal inthat case,wewill continue to take the position that the rejection form signed by Donald G. Hamaker was valid and that State Auto Insurance Company has no obligation to provide underinsured motorist coverage in this case. BENNETT, BRICKLIN & $ALTZEURC ATTORNEYS AT LAW April 29,1999 Page 2 We respectfully suggest that the underinsured motorist claim be held in abeyance until there is a final decision in Wins] ow-Ouattlebaum. If you have any questions concerning our position, I invite you to contact me. Vey truly yours, Marla B. Bigelelsen MBB/rdw 02116-97 07/26/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE M. HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, No. VS. STATE AUTO INSURANCE COMPANY, Defendant. PROOF OF SERVICE I, NEIL L. ALBERT, ESQUIRE, hereby certify that on July 26, 1999, I did cause a true and correct copy of the foregoing Petition to Compel Arbitration to be served upon the person(s) and in the manner(s) indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and the Cumberland County, Pennsylvania, Rules of Civil Procedure. Service by first class mail addressed as follows: Marla B. Bigeleisen, Esquire Bennett, Bricklin & Saltzburg, LLP Third Floor 100 South Queen Street Lancaster, PA 17603-5368 ZIMMERMAN, PFANN NUFFORT & ALBERT By: Neil L. Albert, Esquire Attorney for Plaintiffs Attorney I.D. No. 23368 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 m t _m x R 02116-97 07/26/99 COPY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JULIANNE M. HAMAKER and DONALD G. HAMAKER, SR., Plaintiffs, No. VS. STATE AUTO INSURANCE COMPANY, Defendant. ACCEPTANCE OF SERVICE I, Marla B, Bigeleisen, Esquire, hereby certify that I have the authority to accept service of the Petition to Compel Arbitration on behalf of my client, Defendant State Auto Insurance Company. I hereby acknowledge that I have received and accepted service of the above documents on its behalf. BENNETT, BRICKLIN & SALTZBURG, LLP By: h-4a c. 4C?/2q/r Marla B. Bigel sen, Esquire Attorney for Defendant I.D. No. "T77da- Third Floor 100 South Queen Street Lancaster, PA 17603-5368 BENNETT, BRICKLIN & SALTZBURG LLP COPY BY: Paul F. Lantieri, Esquire ATTORNEYS FOR DEFENDANT I.D. No. 22241 BY: Marla B. Bigeleisen, Esquire I.D. No. 79717 100 SOUTH QUEEN STREET, 3RD FL R u `"Y LANCASTER, PA 17603 (717) 3934400 JULIANNE M. RAMAKER and DONALD G. HAMAKER, SR. STATE AUTO INSURANCE COMPANY VS. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA CIVIL ACTION NO. NOTICE TO PLAINTIFF FILED TO: Neil L. Albert, Esquire HARRISBURG P. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT AUG 4 1999 22 South Duke Street Lancaster, PA 17603 MARY E. O' EA Per ler Please take notice that defendant, State Auto Insurance Company, by its attorneys, Bennett, Bricklin & Saltzburg LLP, has filed a Notice of Removal in the United States District Court for the Middle District of Pennsylvania removing to that Court a civil action previously pending in the Court of Common Pleas of Cumberland County, Pennsylvania, entitled Julianne M. Hamaker and Donald G. Hamaker. Sr.. Docket No. 994534. BENNETT, BRICKLIN & SALTZBURG LLP BY: ?? l lti..C c- WU „, MARLA B. BIGELEISEN QUIRE Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantierl, Esquire I.D. No. 22241 BY: Maria B. Bigeleisen, Esquire I.D. No. 79717 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 JULIANNE M. HAMAK R DONALD G. HAMAKER, SR. VS. COPY ATTORNEYS FOR DEFENDANT UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA STATEA(MOINS?tmaNCECnnrmeNy : CIVIL ACTION NO. FILED PROOF OF FILING HARRISBURG. PA AUG 41999 COMMONWEALTH OF PENNSYLVANIA . § MARY E. D'AN LERK COUNTY OF CUMBERLAND Per oePut Marla B. Bigeleisen, Esquire, being duly sworn according to law, deposes and says that she is an associate in the law firm of Bennett, Bricklin & Saltzburg LLP, attorneys for the defendant, State Auto Insurance Company, that she did direct the filing with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania a copy of the Notice of Removal, attached hereto said filing to be made on August 2, 1999 . BY: I/L , mo t MARLA B. BIGELEISE , E QUIRE Sworn to and oerore me ttus-?( -day of kyuei goo Jill 1.. oolnr;al Soal Lmxa:;S;r.L tin^my P;?hf? C.:.^.ini? ? cn Expira? Nri,'lU, 2000 Cni.N. I'enn;}'van:3 SSOpahono Nolanes BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Marla B. Bigeleisen, Esquire I.D. No. 79717 100 SOUTH QUEEN STREET, 3RD FLO01 LANCASTER, PA 17603 (717) 393-4400 COPY ATTORNEYS FOR DEFENDANT JULIANNE M. HAMAKER and DONALD G. HAMAKER, SR. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA VS. STATE AUTO INSURANCE COMPANY CIVIL ACTION NO. FILED HARRic:3URG. PA PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA AUG 4 1999 COUNTY OF CUMBERLAND § MARY E. D NDRE RK Per Deputy cler Marla B. Bigeleisen, Esquire, after being first duly sworn upon oath, deposes and says that she is an associate in the law firm of Bennett, Bricklin & Saltzburg LLP, attomeys for the defendant, State Auto Insurance Company, and that she did serve this 2ad day of August, 1999, the aforementioned Notice to plaintiffs upon the individuals named below by depositing a copy of same in the United States Post Office box, postage pre-paid, enclosed in envelopes plainly addressed to: Neil L. Albert, Esquire, ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, 22 South Duke Street, Lancaster, PA 17603. Sworn to and subscribed before myy this.l lei day of Est, 1999. OTARY PUBLIC I. . In BY: I L", c? MARLA B. BIGELEISE ESQUIRE