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Home My WebLink About99-07020 ._ ;t L? r COLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire IDB:32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Plaintiff 0. ERIE INSURANCE EXCHANGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO . f , - 700D : CIV L ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA GANOE, Defendants 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 claimed in the complaint or for any other claim or relief requested by the Plaintiff. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la noti£icacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades 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 O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire IDR:32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 9 %• 70JV CGa T?•? : CIVIL ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA GANOE, Defendants DECLARATORY JUDGMENT COMPLAINT AND NOW, comes the Plaintiff, by its attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Erie Insurance Exchange is a business entity organized under the laws of the Commonwealth of Pennsylvania and authorized to issue policies of insurance including automobile insurance with an address of 4901 Louise Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant Anthony John Kane is an adult individual residing at 1109 Willhelm Road, Harrisburg, Dauphin County, PA 17111. 3. Defendant Nationwide Mutual Insurance Company is a business entity authorized to issue policies of automobile insurance in the Commonwealth of Pennsylvania with an address of 1000 Nationwide Drive, Harrisburg, Dauphin County, PA 17109. n; 4. Defendant Michael McCarty is an adult individual residing at 505 Magaro Road, Enola, Cumberland County, PA 17025. 5. Defendants David Lassiter and Debra Ganoe are adult individuals residing at 6 Park Avenue, Middletown, Dauphin County, PA 17057. 6. This matter arises out of a motor vehicle accident of July 26, 1997 in which a 1993 Hyundia Elantra vehicle owned by Debra Ganoe and operated by Anthony John Kane was involved in a vehicular collision on Columbia Road in East Pennsboro Township, Cumberland County, as the vehicle came into contact with a 1996 Saturn operated by Defendant Michael McCarty, Jr. 7. At the time and place aforesaid, Plaintiff Erie Insurance Exchange was the automobile insurance carrier for Debra Ganoe and insured the Hyundia vehicle on policy number 4120704996, a copy of which is attached hereto as Exhibit A. 8. Defendant Nationwide Insurance provided property insurance coverage for Defendant McCarty under a policy of insurance issued to him. Nationwide and McCarty are parties to a action seeking recovery for property damage arising from the July 26, 1997 accident and have filed a legal action at 99-1044 Civil in Cumberland County. A copy of that Complaint is attached hereto as Exhibit B. 9. On the date of the aforesaid accident, Defendant Ganoe had provided the vehicle to her fiancee Defendant David Lassiter. 10. Mr. Lassiter had traveled with Defendant Kane to asocial club in Enola, Cumberland County, PA. Mr. Kane took the Hyundia vehicle without the permission of Defendant Lassiter and was driving the vehicle on a street near the social club when he was involved in the accident resulting in damages to the Ganoe and McCarty vehicles. 11. As Defendant Kane operated the vehicle owned by Defendant Gano e, without her permission or authorization, Defendant Kane is not a person afforded coverage as defined under the terms of the Erie policy, in particular, reference is made to page 6 of the Liability Protection Section of the policy which defines "others we protect". As a non-permissive operator, he is not covered by the Erie policy. 12. As Defendant Kane operated the vehicle owned by Defendant Ganoe and provided to her fiancee Defendant Lassiter without Mr. Lassiter's permission or authorization, Defendant Kane is not a person afforded coverage as defined under the terms of the Erie policy, in particular, reference is made to page 6 of the Liability Protection Section of the policy which defines "others we protect". As a non-permissive operator, he is not covered by the Erie policy. 13. An actual controversy now exists between Erie and Defendant Kane as to whether Erie owes coverage to him for the accident of July 26, 1997 and Erie seeks a declaration of coverage by this Court. WHEREFORE, Plaintiff Erie Insurance Exchange requests that this Court enter an order and decree: 1. Erie has no obligation to afford coverage to Defendant Anthony John Kane who operated the vehicle owned by Defendant Ganoe without her permission; 2. Erie has no obligation to defend or indemnify Defendant Kane for any damages occasioned by his unauthorized use of the vehicle on July 26, 1997; and 3. This Court grant such other relief as it deems proper and necessary. Respectfully submitted, GOLDBERG,, KATZMAN & SHIPMAN, P.C. BY: Thomas Brenner, Esquire ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: 27190.1 VERIFICATION I hereby acknowledge that I have read the foregoing document and that the Pacts stated herein are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. ERIE INSURANCE EXCHANGE S9H304 01 • - DEBRA A GANOE 2A 132 03334 PIONEER FAMILY AUTO POLICY AMENDED DECLARATIONS 03 * * EFFECTIVE 05/09/97 ATTACH THIS TO YOUR POLICY. REASON FOR AMENDMENT AA7801 ACE INSURANCE GROUP DEBRA A GANOE 6 PARK AVE MIDDLETOWN PA 17057-4642 AGENT - ACE INSURANCE GROUP AGENT PHONE - (717) 774-1928 - AUTO 1 REPLACED 12/07/96 TO 12/07/97 Q12 0704996 H 309 THIRD STREET NEW CUMBERLAND PA 17070 ITEM 4. AUTOS COVERED VIN ST TER SYM RATING CLASS DDP AUTO 1 YR 93 MAKE HYUN ELANTRA KMHJF22R0PU362547 PA 15 7 A1BL-MULTI 2 87 HOND ACCORD LX 1EGCA5639RA042442 PA 15 ALAS-MULTI ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- #1 #2 *****GOOD DRIVER RATES APPLY***** --- THE LIMITED TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. --- LIABILITY PROTECTION- BODILY INJURY $250M/PERSON $500M/ACC 101 84 PROPERTY DAMAGE $500M/ACC 61 51 FIRST PARTY BENEFITS- 17 20 MEDICAL EXPENSE $5M 4 5 INCOME LOSS $1M/MONTH, $5M MAXIMUM FUNERAL BENEFIT $1.5M i 1 UNINSURED MOTORISTS COVERAGE- ED 18 18 HOD INJ $250M/PERSON $500M/ACC-STACK UNDERINSURED MOTORISTS COVERAGE- HOD INJ $250M/PERSON $500M/ACC-STACKED 56 56 PHYSICAL DAMAGE COVERAGES- COMPREHENSIVE - $100 DED 36 COLLISION - $500 DED 99 OPTIONAL COVERAGES- .ROAD,SERVICE 4 TRANSP EXPENSES - COMP $25/DAY, $750/LOSS 4 TRANSP EXPENSES - COLL $25/DAY, $750/LOSS 14 TOTAL ANNUAL PREMIUM FOR EACH AUTO 415 235 TOTAL ANNUAL POLICY PREMIUM $ 650 ADDITIONAL CHARGE DUE TO THIS CHANGE $ 21 ITEM 6. APPLICABLE POLICY, ENDORSEMENTS, EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS - FAP 05/91, ABPNOI 07/96, AFPA03 10/95, OF-6853 02/95*. AUTO 1 - ABPU02 02/96. AUTO 2 - ABPU02 02/96. PASSIVE RESTRAINT DISCOUNT APPLIES - BELTS AUTO I DISCOUNTS AVAILABLE - SEE ENCLOSED FORM OF-6853 EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS AUTO 1-TO WORK LESS THAN 6 MILES ONE WAY, 8,501 OR MORE MILES ANNUALLY AUTO 2-PLEASURE USE, UP TO 8,500 MILES ANNUALLY N AGTMAS 05/12/97 _i 1 990304 01 JEB 0333A CANOE 4 2AI32 MISCELLANEOUS INFORMATION UNLESS STATED ITEM 7. EACH IN THE MISCELLANEOUS INFORMATION THE FOLLOWING APPLY IN ITEM I AUTO WE INSURE WILL r UNLESS TERRITORY IN BE PRINCIPALLY GA ITEM 9, ITEM 4 INDICATES GED AT THE ADDRESS SHOWN O UNLESS A LIENHOLDER IS OTHERWISE. WNER OF EACH AUTO LISTED BELOW WE INSURE, THE NAMED INSURED IS DRIVER THE SOLE 1 DEBRA A CANOE ST LICENSE PA 22574436 NUMBER BIRTH DATE YOUR COLLISION CAVE 11/29/71 RAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER - i. I AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 30 DAYS OR LESS. THIS IS SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. Q12 0704996 00 *** BEGIN TPX SCREEN PRINT *** *** *** *** UPDEGRAVE,TANYA *** *** *** WHERE TO LOOK IN YOUR POLICY Additional Payments PAGE PAGE No Benefit To Bellee ...........................9 Liability Protection .........................6 Physical Damage Coverages ..................8 Agreement ..................................3 Appraisal - Physical Damage Coverages ..........9 Autos We Insure ..............................5 Owned Autos We Insure .....................5 Autos and Trailers ........................5 Miscellaneous Vehicles .....................5 Non-Owned Autos We Insure .................5 Coverages Bodily Injury Liability ......................6 Collision ...................................7 Comprehensive .............................7 Property Damage Liability ...................6 Reimbursement For Coverage In Mexico and Other Foreign Countries ................10 Road Service ..............................10 Transportation Expenses (Collision) ........... 10 Transportation Expenses (Comprehensive) .....10 Definitions ...................................3 Extra Protection When Out of State ..............6 Limit(s) of Protection Liability Protection .........................7 Physical Damage Coverages ..................8 Loss Payable Clause ..........................9 Other Insurance Liability Protection .........................7 Physical Damage Coverages ..................9 Others We Protect Liability Protection .........................6 Payment of Loss Physical Damage Coverages ............. .....9 Rights and Duties - General Policy Conditions ....10 Accounting (Exchange) ......... ...... ....12 Assignment ....................'...... ....10 Bankruptcy of Anyone We Protect ....... ....10 Cancellation ........................... ....10 Concealment, Fraud or Misrepresentation . ....11 Continuous Policy ...................... .... 11 Cooperation ........................... ....11 How Your Policy May Be Changed ....... ....11 Lawsuits Against Us ................... ....12 No Contin n t Liability (Bxchange)....... I .... 12 Our Right o Recover From Others ...... ....12 Priority .............................. ....12 What To Do When An Accident Or Loss Happens ............................12 What We Do Not Cover - Exclusions Liability Protection .........................6 Physical Damage Coverages ..................8 When and Where This Policy Applies ............4 ERIE INSURANCE ERIE GROUP X' ERIE INSURANCE GROUP • HOME OFFICE 100 ERIE INSURANCE PLACE • ERIE, PA 16530 z. ERIE INSURANCE GROUP is proud to present this PIONEER FAMILY AUTO INSURANCE POLICY. This Important contract between YOU and the ERIV consists of this policy with coverage agreements, limitations, exclusions and conditions, a Declarations, plus any endorsements. It Is written In plain, simple terms so that It can be easily understood We urge YOU to read it IX This Policy contains many XTRA PROTECTION FEATURES developed by the ERIV . Wherever an "X" appears In the margin of this policy, YOU receive XTRA PROTECTION, either as additional cover age or as a coverage that is not in most auto policies. The protection given by this policy Is in keeping with the single purpose of our Founders: "To pro. vide YOU with as near PERFECT PROTECTION, as near PERFECT SERVICE, as Is humanly possible, and to do so at the LOWEST POSSIBLE'COST." AGREEMENT ERIE INSURANCE EXCHANGE: In return for your timely premium payment, your com- pliance with all of the provisions of this policy, and your signing of a Subscribers Agreement with Erie Indem= pity Company and other Subscribers, we agree to pro- vide the coverages you have purchased. Your coverages and limits of protection are shown on the Declarations, which are part of this policy. This agreement is made in reliance on the information you have given us and is subject to alLthe terms of this policy. This policy, all endorsements to it, and the Sabscribees Agreement constitute the entire agreement between you and us. Your signing the Sabecribar's Agreement which in- cludes a limited powerof-attorney, permits Erie Indem- nity Company, as Attomey-in-Fact, to make reciprocal insurance contracts between you and other Subscribers and otherwise menage the business of the Erie Incur once Exchange. This power-of-attorney applies only to your insurance business at the Exchange and is limit- ed to the purposes described in the Subscriber's Agreement. Your responsibility as a Subscriber is determined by this policy and the Subscri'ber's AgreemenL You are lia- ble for just the policy premiums charged and are not subject to any other premium liability under the policy. ERIE INSURANCE COMPANY: In return for your timely premium payment and your compliance with all of the provisions of this policy, we agree to provide the coverages you hav?purchased. Your coverages and limits of protection shown on the Declarations, which are part of this policy. This agreement is made in reliance on the information you. have given us and is subject to all the terms of this policy. This policy and all endorsements to it constitute the en- tire agreement between you and us. DEFINITIONS Throughout your policy and its endorsement forms, the fallowing words have a special meaning when they aP- pear in bold type: • "Amended Declarations": see definition of "Decla- rations." • "anyone we protect" means any person or organiza- tion we specifically state is protected under the cover- age being described. In the RIGHTS AND DUTIES - GENERAL POLICY CONDITIONS Section, "any- one we protect" means: (1) you and (2) persons or organizations listed under OTHERS WE PROTECT in the LIABILITY PROTECTION Section. • "auto", "automobile" or "car" means any two to six wheel land motor vehicle or trailer except: (1) a vehicle designed for use principally off public roads, while not on public roads; or (2) a vehicle operated on rails or crawler treads; or (3) a vehicle located for use as a residence; or (4) a miscellaneous vehicle. • "auto business" means the business of selling, repair- .3- rmis®® i .fug, serv*dng, cleaning, painting, storing or parking au- tomobi)es or miscellaneous vehicles. e "autos we insure" means any vehicle described in the AUTOS WE INSURE Section of this policy. e "Continuation Notice": see definition of "Della. rations.. a "Declarations", "Amended Declarations", "Revised Declarations", "Reinstatement of Coverage" or "Con- tinuation Notice" means the form which shows your coverages, limits of protection, autos we insure, premi- um charges and other information. This form is part of your policy. An Amended Declarations shows you the policy has been changed. A Revised Declarations shows you the policy has been corrected. A Reinstatement of Cover- age shows you the previously cancelled policy and coverages are back in force. A Continuation Notice shows you the policy is being continued for another poli- cy period. e "miscellaneous vehicle" means a motorcycle, moped, snowmobile, golfmobile, all terrain vehicle and any simi- lar recreational vehicle. a "non-owned auto we insure" or "non-owned auto" means any vehicle described in the NON-OWNED AU- TOS WE INSURE Section of this policy. a "occupying" means in or upon, getting into or get- ting out of. a "owned auto we 4nsare" or "owned auto" means any vehicle described in the OWNED AUTOS WE IN- SURE Section of this policy. "private passenger auto" means a four wheel land motor vehicle designed mainly to transport people on public roads. It includes station wagons and the follow- ing types of vehicles, even with dual near wheels, when not used for business purposes, except farming or ranching. (1) motor homes (2) pickups (3) vans. a "Reinstatement of Coverage": see definition of "Declarations." e "relative" means a resident of your household who is: (1) a person related to you by blood, marriage or adop- tion, or (2) a ward or any other person under 21 years old in your care. a "Revised Declarations": see definition of "Decla. rations." a "sound equipment" includes tape players, compact disc players, citizens hand radios, two-way mobtle ra- dios or telephones, scanners and their accessories, at- tachments and antennas. a "trailer" means a vehicle designed to be pulled by a private passenger auto, if not being used for business purposes except with a private passenger auto. In the LIABILITY PROTECTION Section of this policy, trailer includes a farm wagon or a farm implement while used with a private passenger auto. ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS The following words have a special meaning in policies issued at Erie Insurance Exchange when they appear in bold type: e "Subscriber" means the person(s) who signed the Subscriber's Agreement. a "Subscriber's Agreement" means, the agreement, in- cluding a limited power-of-attorney, among the Sub- scribers and the Erie Indemnity Company, as Attorney-in-Fact. a "we", "us" or "our" means the Subscribers at Erie Insurance Exchange as represented by their common Attorney-in-Fact, Erie Indemnity Company- 0 "you", "your" or "Named lasured'.• means the Sub. scriber and others named in Item 1 on the Declarations. Except in the GENERAL POLICY CONDITIONS Sec- tion, these words include the spouse of the Subscniber if a resident of the same household. ADDITIONAL ERIE INSURANCE COMPANY DEFINITIONS The following words have a special meaning in policies issued by Erie Insurance Company when they appear in bold type: a "we", "us" or "our" means the Erie Insurance Company. a "you", "your" or "Named Insured" means the per- son(s) named in Item 1 on the Declarations. Except in the GENERAL POLICY CONDITIONS Section, these words include your spouse if a resident of the same household. WHEN AND WHERE THIS POLICY APPLIES This policy applies to accidents or losses that happen during the policy period in the United States of Ameri- ca, its territories and possessions, Puerto Rico, Cana- da or between their ports. The policy period is shown on the Declarations, Amended Declarations, Revised Declarations, Reinstatement of Coverage or Continua- tion Notice. q. AUTOS WE INSURE OWNED AUTOS WE INSURE (1) Autos and Trailers For the coverages you have purchased, we Insure: (a) Owned Autos and pullers - Any auto or trailer described on your Declarations. (b) Replacement Autos and Trailers - Any private Passenger auto or trailer you own which replaces an auto or trailer described on your Decla- rations. (c) AdditionalAutosandTrnikrs-Any Private pas- seagerauto or traileryou acquire. (For coverages to apply, we must insure all private passenger autos and trailers you own on the date you ac- quire an additional private passenger auto or trailer.) Provisions applicable only to Replacement and Additional Autos and Trailers. You must notify us during the policy period of Your intention to have this policy apply to the replacement or additional private passenger auto or trailer. If a replacement or addition is made within 30 days prior to the end of the poli- cy period, you have 60 days after acquisition to notify us. X (d) Temporary SubstituteAutosandTruilers-Any auto ortrafler which is a substitute for a trafleror an owned auto we insure. (The owned auto or trailer must be withdrawn fromrnormai use be- cause of its breakdown, destruction, loss, repair or servicing. The temporary substitute cannot be owned by you and must be used with the per- mission of the owner.) Provisions applicable only to trailers: Liability Protection applies to any trailer you own while used with a private passenger auto we insure for Liability Protection. (2) Miscellaenous Vehicles For the coverages you have purchased, we insure: (a) Owned Miscellaneous Vehicles - Any mi cellane. Gus vehicle described on your Declarations. (b) Replacement Miscellaneous Vehicles . Any mis- cellaneous vehicle which replaces a migceilane ous vehicle of the same type described on your Declarations. You must notify us during the policy period of your intention to have this poli. cy apply to the replacement miscellaneous ve. hicle. If a replacement is made within 30 days prior to the end of the policy period, you have 60 days after acquisition to notify us. (c) Temporary Substitute Miscellaneous Vehicles. A substitute for an owned miscellaneous v, ale of the same type we insure. (The owned a cellaneous vehicle must be withdrawn fr normal use because of its breakdown, destr tion, loss, repair or servicing. The tampon substitute cannot be owned by you and must used with the permission of the owner.) For Liability Protection, we insure: Additional Miscellaneous Vehicles - Any mfscellaj one vehicle other than a replacement miscellanea vehicle, which you acquire. (For coverage to apg we must insure all owned miscellaneous vehicles the same type on the date you acquire an additie al miscellaneous vehicle. We will not automatics] cover an additional miscellaneous vehicle when ,% do not already insure a miscellaneous vehicle of t] same type owned by you.) You must notify us du ing the policy period of your intention to have th policy apply to the additional miscellaneous vet cle. If the addition is made within 30 days prior I the end of the policy period, you have 60 days afd acquisition to notify us. NON-OWNED AUTOS WE INSURE We insure for Liability Protection while you are usin it, any auto or trailer not owned by you except any not or trailer furnished or available for your regular use b; any governmental agency or unit. Your operation o other use must be with the permission of the owner o You must reasonably believe you have permission. Cc= prehensive and Collision coverages, if purchased om owned private passenger autos or trailers, will appy only while you are operating or have possession or cus Cody of a private passenger auto or trailer not fumishec or available for the regular use of you or a relative. We insure for liability Protection, while a relative is using it, any private passenger auto or frailer not owned by or furnished or available for the regular use of you or a relative. The operation or other use by a relative must be with the permission of the owner or the rela- five must reasonably believe permission exists. If a pri- vate passenger auto or trailer is furnished or available for your regular use by anyone other than a governmen- tal agency or unit, we will insure it under Liability Pro- tection while a relative is using it. Comprehensive and Collision coverages, if purchased on owned private pas- senger autos or trailers, will apply only while a relative is operating or has possession or custody of a private passenger auto or trailer not owned by or furnished or available for the regular use of you or a relative. A private passenger auto rented to you for a period of more than 30 consecutive days shall be considered as furnished or available for the regular use of you or a relative. .5- LIABILITY PROTECTION' OUR PROMISE (1) Any relative using an auto we insure. X Bodily Injury Liability property Damage Liability We will pay all sums yon legally must pay as damages caused by an accident covered by this policy. The acci- dent must arise out of the ownership, maintenance, use, loading or unloading of an auto we insure. Damages must involve: (1) bodily injury, meaning physical harm, sickness or X disease, including care, loss of services or resultant death; or (2) property damage, meaning damage to tangible property, including loss of its use. ADDITIONAL PAYMENTS We will make the following payments in addition to the limit of protection; however, our payment of the limit of protection for a settlement, judgment, or deposit in court ends our duty to pay under Item (1): (1) all costs to investigate and defend or settle, as we believe proper, any claim or suit against anyone we protect for damages covered under this section. (2) all interest which accrues on that part of any judg- ment that does not exceed the limit of protection an a suit we defend, until we offer or deposit in court the limit of protection. (3) all reasonable expenses anyone we protect may in- cur at our request to help us investigate or defend X a claim or suit. This includes up to $100 a day for actual loss of earnings. (4) all premiums on the following types of bonds, but not for bond amounts greater than the limit of pro- tection: (a) appeal bond in a suit we defend; X (b) ball bond (with premium of $500 or less) required due to an accident or related traffic violation in- volving an auto we insure; (c) attachment bond to release property of anyone we protect due to an accident or related traffic violation involving an auto we insure. We have no duty to apply for or furnish such bonds. (5) all reasonable costs for first aid to other people and X animals at the time of an accident involving an auto we insure. X (6) all reasonable lawyers' fees up to $50 which anyone we protect incurs because of arrest, resulting from an accident involving an auto we insure. X (7) prejudgment interest awarded on the amount of the judgment we pay. If we offer to pay the applicable limit of protection, we will not pay any prejudgment interest for the period of time after the offer. OTHERS WE PROTECT We also protect: (2) Any person tieing or any person or organization le- gally responsible for the use of an owned auto we insure. This use must be with your permission un- less the use is by a resident of your household. (3) Any person or organization legally responsible for the use, by you or a relative, of any non-owned auto we insure. This protection applies only if the per- son or organization does not own or hire the vehi- cle being used. EXTRA PROTECTION WHEN OUT OF STATE When laws of a state where an auto we insure is being used require higher limits and/or more coverages than shown on the Declarations.yom?cov of?s) will com- ply with the minimum req includes the District of Columbia, a territory or posses- sion of the United States of America, Puerto Rico or a province of Canada. The insurance under this provision will be reduced by any other collectible insurance under this or any other auto insurance policy. We will not pay any person twice for the same elements of loss. LIMITATIONS ON OUR DUTY TO PAY What We Do Not Cover - Exclusions We do not cover. (1) damage caused by anyone we protect to property they own or are transporting. (2) damage caused by anyone we protect to property rented to them or in their charge. This exclusion does not apply to household goods or premises. (3) damages caused intentionally by or at the direction of anyone we protect. (4) Tan owned auto his exclusion does not apply if the owned auto is being used by: (a) you or a resident of your household, or (b) any partner, agent, or employee of you or a resi- dent of your household. (5) an owned auto while being used in the business of the United States Government where the United States Government is responsible under the Feder- al Tort Claims Act (28USCA§1346, 2671-2680). (6) a non-owned auto while used in connection with. (a) the auto business, or (b) any other business or occupation of anyone we protect. (Exclusion (6)(b) does not apply to a pri- vate passenger auto or trailer). (7) bodily injury to employees of anyone we protect oc- curring in the course of employment. We will pro- vide coverage for such an injury to a domestic employee not covered and not required to be covered by a workers compensation law. X 6 (8) a vehicle you acquire during the policy period or any temporary substitute for it if there is other ap- plicable insurance. (g) foan auto r a fee we while vailable for hire by the p blic- We will protect you or a relative held responsible for damages while occupying but not driving such a vehicle, if it is a non-owned auto we Insure. "Fee" does not include payment received in a car pool or for trips for non-profit social, educational, or charitable agencies. (10) damages for which there is insurance under a nuclear energy liability insurance policy, even if the limits of protection under that policy have been used up. (11) an auto we insure while being used in any pre- arranged or organized racing, speed or demolition contest, stunting activity or similar activities, or in practice for any such activities. CIDENT Emit for Property Damage Liability. The per PERSON Emit for Bodily Injury Liability is the most we will pay for damages arising out of bodily injury to one person in any one accident. The per ACCIDENT limit for Bodily Injury Liability is the most we will pay for damages arising out of bodily injury to all persons resulting from any one acdidenk subject to theper PER, SON limit. The per ACCIDENT limit for Property Damage LinbIIity is the most we will pay for all property damage caused by any one accident. If an individual's damages derive from bodily injury to another person injured in the accident; we willpay only for such derivative damages within the per PERSON limit available to the person injured in the accident. If coverage is purchased on a "Single Limit" basis, your Declarations will show a per ACCIDENT limit for Bodi- ly Injury Liability and Property Damage Liability. This is the most we will pay for all damages arising out of bodily injury and property damage caused by any one accident. LIMITS OF PROTECTION Bodily Injury Liability Property Damage Liability Combined Single Limit of Liability We will pay no more than the limit(s) shown on the Declarations for one auto in any one accident as ex- plained below. It makes no difference how many per- sons we protect, autos we Insure, claims are made or autos are involved in the accident. An auto and attached trailer are considered one auto under this coverage. If coverage is purchased on a "Split Limits" basis, your Declarations will show a per PERSON and per ACCI- DENT limit for Bodily Injury Liability and spar AC- OTHER INSURANCE This policy provides primary insurance for any owned auto we insure. The policy's coverage is excess over any other collectible insurance on an auto we insure that you do not own f including a temporary substitute), up to the limit(s) of protection for one auto. If other insurance, collectible or not, covers an auto rented or leased for less than one year and it states that coverage is void if there is other available insurance, then coverages un- der this section are void. When there is other insurance applicable to the accident on the same basis, we will pay our share. Our share is the proportion that our limit of protection bears to the total of all applicable limits. We will never pay more than the limit of protection. PHYSICAL DAMAGE COVERAGES Throughout this section, the word "loss" means direct and accidental damage or loss. COMPREHENSIVE COVERAGE - OUR PROMISE We will pay for loss to an auto we insure and its equip- ment not caused by collision or upset. We will pay for loss less the d?-Ouctible, if any, shown on the Declara- tions. Comprehensive coverage includes glass breakage, contact with persons, animals, birds, missiles or falling objects. Should only your windshield be damaged, we will not subtract the deductible if you agree to have it repaired rather than replaced. COLLISION COVERAGE - OUR PROMISE We will pay for loss to an auto we insure and its equip- ment caused by collision or upset. We will pay for loss less the deductible shown on the Declarations. We will not subtract the deductible if the accident is between an auto we insure and another auto: (1) insured by the Erie Insurance Group. (2) not insured by the Erie Inwirance Group, if: X (a) the loss to the auto we insure is greater than the deductible amount; and (b) the owner of the other auto has been identified; and (c) the owner or operator of the other auto is solely liable for the loss; and (d) there is adequate property damage liability in- surance which protects anyone responsible for the loss. -7- ,ADDITIONAL PAYMENTS (No Deductible Applies) We will pay: (1) all expenses necessary to return your stolen auto we Insure. X (2) transportation expenses resulting from a covered Comprehensive Mm These expenses will be paid by ns until the auto we insure is returned to you in us- able condition or we offer settlement, whichever comes first. This payment will not exceed $15 per day nor total more than $460 per loss unless a X higher limit is purchased. No waiting period applies. X (3) travel costs including meals and lodging, anyone in an auto we insure pays because you were unable to reach your destination after loss under these cover- X ages, Payment will not exceed $75 per person for each loss. X (4) for loss to personal effects (including clothes and lug- gage) that are normally carried by a person, while X the personal effects are in or upon an auto we insure. (a) Personal effects must be owned by you or a relative. (b) Money, professional or occupational tools or machines, salesmen's samples, and merchandise for sale, delivery or exhibition are not considered personal effects. (c) Theft losses are covered only if the entire vehi- cle is stolen. (d) When loss results from a collision, there must be enough damage to the auto we insure to re- quire a Collision loss payment by us. X (e) Payment for loss to personal effects will not ex- ceed $350. X(5) all expenses necessary to replace a deployed air bag. X (6) up to $50 for the cost incurred for locksmith serv- ices if keys are accidentally forked in an auto we insure. LIMITATIONS ON OUR DUTY TO PAY What We Do Not Cover - Exclusions we will not pay for loss: (1) confined to or resulting from wear and tear, freez- ing, mechanical or electrical breakdown or failure. We will pay for such damage resulting from a co- X vered loss. We will pay for the burning of wiring. (2) caused intentionally by or at the direction of you or a relative. (3) to sound equipment unless permanently installed. Payment for loss to permanently installed sound equipment shall be limited to $760 unless installed in the opening of the dash or console normally used by the auto maker to install a radio. Payment for loss to tapes or compact discs will be limited to five tapes or compact discs in any one loss. When there is loss of tapes or compact discs by theft, we will pay for only one tape or compact disc, unless the entire auto is stolen. (4) to fax machines, personal computers and peripher- al equipment and similar electronic equipment that receives or transmits audio, visual or data signals. (5) to a vehicle you acquire during the policy period or any temporary substitute for it, if there is other applicable insurance. (6) to a non-owned auto while used in connection with: (a) the auto business; or (b) any other business or occupation. (Exclusion (6)(b) does not apply to a private passenger auto or trailer.) (7) to any trailer used as a residence, office, store, dis- play or passenger trailer. (8) to any auto we insure while hired by or rented to others for a fee, or while available for hire by the public. "Fee" does not include payment received in a car pool or for trips for non-profit social, educa- tional or charitable agencies. (9) due to any act or condition of war, including dis- charge of any nuclear weapon (even if accidental). War (declared or undeclared) means a state of armed hostile conflict between states or nations, civil war, insurrection, rebellion or revolution. (10) due to radioactive contamination. (11) to camper bodies unless described on your Decla- rations or replacing one described there. A camper body is a unit designed and equipped for use as living quarters to be mounted on an auto with a separate cab. (12) to radar detectors and other equipment designed to give advance warning of the operation of a speed-measuring device. (13) to tires caused byroad damage, such as a blow out or puncture, unless it results from another loss co- vered by this policy. (14) to an auto we insure because of destruction or con- fiscation by governmental authorities if you or a relative are involved in illegal activities. (15) to an auto we insure while being used in any pre- arranged or organized racing, speed or demolition contest, stunting activity or similar activities, or in practice for any such activities. LIMIT OF PROTECTION We will pay the Actual Cash Value for loss to stolen or damaged property, but no more than: (1) what it would cost to repair or replace the property with other of like kind and quality; or (2) the Stated Amount that maybe shown on the Deda- rations. Actual Cash Value reflects fair market value, age and condition of the property at the time of the loss. An auto and attached trailer are considered to be two separate vehicles under these coverages. The limit of protection for loss to any trailer not owned by you is $500. .g. An auto and its equipment are considered one auto un- der these coverages including any deductible provision that applies. Equipment means that which is usual or incidental to the use of an auto as a vehicle and includes the following customized or individually adapted items when built or fit in or upon pickups or vans: furnish- ings, carpeting. insulation, wall coverings, interior wall deoa vtiona, TVs, TV antennae, beverage bars, addition- al air conditioning units, sink and ice box consoles; as wall as murals, decals and graphics. Equipment includes camper body if. (1) it is described on the Declarations or replaces one described there, and (2) it is mounted on an auto Lose to a camper body while not mounted on an auto will be paid in accordance with the deductibles pur. chased on the camper body. OTHER INSURANCE When there is other insurance for loss to an auto we Insure under these coverages, we will pay our share of the loss. When there is loss to an auto we insure that you do not own (including a temporary substitute) or to an addi- tional or replacement auto we insure, we will pay the loss not covered by other insurance. When there is other insurance on an auto we insure that you do not own, and it states that coverage is void if there is other applicable insurance, then coverages un- der this section are void. When there is loss)to personal effects, we will pay up to $350 of the loss not covered by other insurance. APPRAISAL If you and we fail to agree on the amount of loss, either party may make written demand for an appraisal. Each party will select an appraiser and notify the other of the appraiser's identity within 20 days after the demand is received. The appraisers will select a competent and impartial umpire. If the appraisers are unable to agree upon an umpire within 15 days after both appraisers have been identified, you or we can ask a judge of a court of record in the state where you reside at the time the policy is issued to select an umpire. The appraisers shall then set the amount of loss. If the appraisers submit a written report of an agreement to as, the amount agreed upon shall be the amount of loss. If they cannot agree, they will submit their differences to the umpire. A written award by two will determine the amount of loss. Each party will pay the appraiser it chooses, and equally bear expenses for the umpire and all 9ther expenses of the appraisal. However, if the written demand for ap- X praisal is made by us, we will pay for the reasonable cost of your appraiser and your share of the cost of the umpire. We will not be held to have waived any rights by any act related to appraisal. PAYMENT OF LOSS We may pay the loss in money, or repair or replace the damaged or stolen property. At any time before the loss is paid or the property is replaced, we may return any stolen property to you. We will pay the expense for its return and for any damage to it. Upon payment of the loss, we have the right to take all or part of the property at its agreed or appraised value. There can be no aban. donment of property to us. We may settle any claim for loss with you or anyone that has an interest in the property. For damage to a non-owned auto, we will pay the highest amount available among the coverages you pur- chased under this section. NO BENEFIT TO BAILEE No bailee shall benefit, directly or indirectly, from this insurance. LOSS PAYABLE CLAUSE This clause applies to the Physical Damage coverages provided by this policy for the Lienholder named in Item 3 of the policy Declarations. It protects the Lien- holder's financial interest in the vehicle insured. Payment for any loss under these coverages will be made in accordance with the financial interest the Named Insured and the Uenholder, as its interest may appear for specific vehicle(s), have in the loss. Payment may be made to the Named Insured and the Lienholder jointly or to either or both separately. If separate pay- ments are made, the financial interests of both will be protected by us. When we pay the Uenholder for a loss for which the Named Insured is not insured, we are entitled to the Lfenholder's right of recovery against the Named In- sured, to the extent of our payment. Oar recovery will not impair the right of the Lienholder to recover the full amount of its claim. The Lienholder will, on demand, pay any premium due under this policy for coverages which protect the Lien- holder's interests, if the Named Insured fails to do so. We Promise The Lienholder That (1) The Lfenholder's financial interest will be protect- ed regardless of the acts or neglect of the Named Insured, subsequent legal encumbrance or any change in ownership of the property. However, this clause does not apply in any case of fraudulent acts or omissions by the Named Insured or anyone representing him. (2) If we cancel or refuse to renew this policy, not less than 10 days advance notice of such termination will be given to the Lienholder. (3) If this policy is cancelled by the Named Insured, we will send notice of cancellation to the Lienholder. -9• ADDITIONAL COVERAGE REIMBURSEMENT FOR COVERAGE IN MEXICO AND OTHER FOREIGN COUNTRIES WARNING: We will not be liable for damages or other expenses incurred in any foreign country where this policy does not apply. (In Mexico, however, Collision coverage, if purchased, will apply.) X We will reimburse you for premium paid for up to 30 days coverage in a foreign country where this policy does not apply. Reimbursement will be made ONLY for similar coverages. Such coverages must apply to an owned auto we Insure, used by you or a relative in the foreign country. Reimbursement will not be made to anyone employed, stationed in the armed services or at- tending school in a foreign country. OPTIONAL COVERAGES The following coverages apply only to specific autos when apremium is shown for these coverages on your Declarations: ROAD SERVICE OUR PROMISE X We will pay reasonable towing and labor costs required because an auto we insure is disabled. Labor must be done at the site of the disablement. (No deductible applies.) transportation expenses that result from a Comprehen- sive loss to the auto that has a premium shown on the Declarations for this coverage. Auto rental, bus or taxi fare are examples of covered expenses. Payment may start on thSday of the loss if X the auto cannot be driven. If driveable, payment may start the day you leave the auto at a garage for repairs. Payment ends on the day we offer'eettlement or on the day the auto: (1) is replaced; or TRANSPORTATION EXPENSES Transportation Expenses - Collision - We will pay trans- portation expenses that result from a Collision loss to the auto that has apremium shown on the Declarations for this coverage. Transportation Expenses - Comprehensive - We will pay (2) is returned to you in usable condition; or (3) could reasonably be expected to be repaired, whichever comes first. Payment will not exceed the specific limits shown on the Declarations. (No deducti- ble applies.) This coverage applies whether or not we pay for damages under Comprehensive or Collision coverage. RIGHTS AND DUTIES - GENERAL POLICY CONDITIONS We, you and anyone else protected by this policy must do certain things in order for the terms of this policy to apply- (1) ASSIGNMENT Interest in this policy may be transferred only with our written consent. If you die, the policy will cover: (a) your spouse if residing in the same household at the time of your death; (b) anyone having proper custody of an owned auto we insure until a representative is appointed, but only until the end of the policy period during which year death occurs; and (c) your legal representative, but only while per- forming duties as your representative and only until the end of the policy period during which your death occurs. (2) BANKRUPTCY OF ANYONE WE PROTECT Bankruptcy or insolvency of anyone we protect will not relieve us of our obligations. (3) CANCELLATION Your Right to Cancel You may cancel this policy by mailing or delivering to our Agent or us written notice stating at what future date you want the cancellation to take effect. We may waive these requirements by confirming the date of can- cellation to you in writing. -10- .Our R7ght to Cancel or Refuse to Renew We may cancel or refuse to renew this policy or any coverage by mailing you written notice etating the ef- fective date of our action. Our action will comply with the laws of the state in which you reside at the time the policy is issued. We reserve the right to cancel for your noncompliance with our premium payment plans. We do not waive our right to cancel, even if we have accepted prior late payments. State Provisions ILLINOIS, INDIANA, PENNSYLVANIA, TENNESSEE, WEST VIRGINIA Cancellations mailed during the first 60 days the poli- ey is in effect. The effective date of cancellation will never be earlier than (a) 10 days after we send it (IN, PA, TM; (b) 30 days after we send it (IL, WV). Cancellations mailed after the fast 60 days the policy is in effect. The effective date of cancellation will never be earlier than: (a) 20 days after we send it (IN, TN); (b) 30 days after we send it (IL, WV); (c) 60 days after we send it (PA). DISTRICT OF COLUMBIA 0=cellations mailed during the first 30 days the poli- cy is in effect The effective date of cancellation will never be earlier than 21 days after we send it. Cancellations mailed after the first 30 days the policy is in effect The effective date of cancellation will never be earlier than 30 days after we send it. OHIO Cancellations mailed during the first 90 days the poli- cy is in effect The effective date of cancellation will never be earlier than 21 days after we send it. Cancellations mailed after the first 90 days the policy is in effect. The effective date of cancellation will never be earlier than 30 days after we send it. MARYLAND The effective date of cancellation will never be earlier than 45 days after we send it. Non-Payment of Premium The effective date of cancellation will never be earlier than 30 days after we send it. Return of Premium If your policy is cancelled by you or us, we will return the pro rata unused share of your premium. Cancella- X tion will be effective evea if we have not given or offered any return premium. Renewal Rights Should we refuse to renew this policy, we will do so in compliance with the laws of the state in which you re- side. We will notify you before the end of the policy peri- od We will send this notice: (a) at least 20 days in advance of the end of the poli- cy period (IN); (b) at least 30 days in advance of the end of the poli- cy period (DC, IL, OH, TN); (c) at least 45 days in advance of the end of the poli- cy period (MD, WV); (d) at least (P in advance of the end of the poli- cy STATE PROVISION - OHIO Should we refuse to renew this policy, we can do so only at each second anniversary of this policy's original ef- fective date. Method of Giving Notice Mailing notice to the address shown on the Declarations will be sufficient proof of notice. The policy period will end on the date and time stated in the notice. (4) CONCEALMENT, FRAUD OR MISREPRESENTATION This entire policy is void if, before or after an accident or loss, anyone we protect has intentionally concealed or misrepresented any material fact or circumstance concerning this insurance. In the event of a fraudulent claim, we will not make pay- ment for the accident or loss. ())CONTINUOUS POLICY Your policy is a continuous policy. It will continue in force until cancelled by you or terminated by us as ex- plainedin the Cancellation Condition. Each year we will send you a Continuation Notice which shows the premi- um due for the neat policy period In return for this service, you must mail us written no- lice prior to the new policy period if you want to can- cel. If we do not receive this notice, your policy remains in force and you must pay us the earned premium due for this time. (6) COOPERATION You agree to cooperate with as by promptly and truth- fully answering all questions about drivers and autos we insure and signing all papers relating to such in. surance. (7) HOW YOUR POLICY MAY BE CHANGED This policy conforms to the laws of the state in which you reside at the time it is issued If the laws of the state change, this policy will comply with those changes. Your policy may be changed by asking us. Your request must contain enough information to identify you. Ask- ing our Agent is the same as asking us. If we agree with your request, we will then issue an Amended Decla- rations. We wil) give you the benefit of any change made by us, additional premium Thfs change iflt We does not require ft the date we implement the change Will be effective as for you in your state. tion we use to determine the premium for the Ifs age(s) changes during the policy period, we Must your premium- premium adjustments will May adj be made using rules and rates in effect for our use (6) LAWSUITS AGAINST US h before You must comply with the terms of this Pone we pro- you may sue us. The legal liability of be sued. This test must be determined before wwemaylaw u d* writ- omay be made by determination ent of all parties, including us. No one has the right to make us a party to a suit to determine the liability of anyone we protect. In event of a Medical Pay- ments claim or a Comprehensive or Collision loss, no suit may be brought against us until 30 days after Proof of loss is fled. (9) OUR RIGHT TO RECOVER FROM OTHERS S?have After we make a payment under this Policy, risible. the right to recover from anyone else held respo Anyone we protect is required to transfer this right to us, and do nothing to harm this right. Anyone recefv- ing payment from us and from someone else for the same accident or loss will reimburse us up to our Payment (10) PRIORITY rotectyouthen, protect X At our option, this insurance will fast your spouse residing in your household and finally others we protect. (11) WHAT TO DO WHEN AN ACCIDENT OR LOSS HAPPENS When there is an accident or foss, anyone we protect will: as pos. (a) notify us or our Agent is writing as soon sible stating: 1. the name and policy number of our Policy holder; 2. the time, place and circumstances of the ac- cident or loss; injured persons and 3. names and addresses of witnesses. (b) promptly notify the police in case of theft. (c) give us: 1. promptly, any papers that relate to the ac- cident or loss; all the facts 2. a signed statement containing about the claim' 'damaged property- 3. proof of loss to (d) at our request: 1. answer all questions about the accident or loss; 2. submit to statements under oath; 3. assist in making settlement; 4. help us enforce any right of recovery against anyone liable to anyone we protect; 6, cooperate in the conduct of our investiga- tions slid any lawsuits; 6. attend hearings and trials; evidence 7. assist us in securing and giving and in obtaining the attendance of wit- nesses: g, submit to physical and mental examination often as we reasonably eq choose ll pay for these reasonably require (W v examinations); 9. sign papers to allow and copies of reports, earnm records; t and appraise the 10. allow us to inspect damaged property before its repair or disposal. (e) not make payments, assume obligations or in- cur expenses, except at their own cost. (Q protect autos we insure from further damage. We will pay for reasonable costs to do so. We will not pay for loss due to your failure to pro- tect an auto we insure from further damage af- ter a loss. ADDITIONAL ERIE INSURANCE EXCHANGE CON- DITIONS issued The following conditions apply only to policies at Erie Insurance Exchange: (1) NO CONTINGENT LIABILITY liability or This policy is not subject to contingent as- sessment. y (2) ACCOUNTING may keep up to 26°6 of the % Erie Indemnity Company assumed by Erie Insurance Fix- change as written compensation on for (A) becoming and acting hange as Attorney-in-Fact, (B) managing the business n sub- affiliates a trative fair, of Erie Insurance Exchange"' sidiaries, and (C) paying general administrative expenses, including sales commissions, salaries and and ployee benefits, taxes, rent, depreelation, supplies data Processing be laced on the books of The rest of the premium will be p will depositor invest the Erie Insur& nee its by law. This amount will be this amount as Perin ,es, invest- ment to pay losses, loss adjustment Q° expenses, court costs, merit expenses, damages, l taxes, assessments, licenses, fees, any other governmen' tai fines and charges, establishment of reserves and lids plus, and reinsurance' and may be used for di deeddes and other purposes Erie Indemnity Company are to the advantage of the Subscribers. THIS POLICY HAS BEEN SIGNED ON OUR BEHALF AT ERIE, PENNSYLVANIA BY OUR CHAIRMAN IT HAS BEEN COUNTERSIGNED ON THE DECLARATIONS AND SECRETARY IF REQUIRED BY LAW, BY OUR AUTHORIZED AGENT. Chairman Secretary _I2• FAP (Ed. 5191) T, ERIE INSURANCE GROUP ERIE, AUTO ABPN01 (Ed. 7/96) OF-5387 FIRST PARTY BENEFITS ENDORSEMENT -- PENNSYLVANIA Coverage is provided only if a premium for the specific First Party Benefit selected is shown on the Declarations. PERSONS WE PROTECT 4-. This endorsement is subject to all provisions of the policy unless modified in this endorsement. DEFINITIONS `bodily injury" or injury" means accidental bodily harm to a person and that person's resulting illness, disease or death. Bodily injury includes mental injury only if it arises out of bodily harm sustained in an accident covered by this endorsement. "insured motor vehicle" means a motor vehicle: 1. to which the Bodily Injury Liability insurance of this policy applies and for which a specific premium is charged, and 2. for which you maintain First Party Benefits on this policy as required under the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended. "motor vehicle" means any vehicle which is self-propelled except one which is propelled: . 1. solely by human power, or 2. upon rails or crawler treads. } "relative" means a resident of your household who is: 1. a person related to you' by blood, marriage or adoption, or 2. a ward or any other person under 21 years old in your care, or 3. a minor in the custody of a relative. OUR PROMISE As you selected in accordance with the Pennsylvania Motor . Vehicle Financial Responsibility law, as amended, we will pay for: 1. medical expenses, 2. funeral expenses, and/or 3. income loss, arising front bodily injury to anyone we protect due to an accident resulting from the maintenance or use of a motor vehicle as a vehicle. We will pay these benefits no ,hatter who is at fault in the accident. The term "anyone we protect" means any person listed below: I. you; 2, a relative; 3. an individual specifically named on the Declarations for this coverage, and that persons relatives; 4. anyone else who sustains bodily injury while: a. occupying an insured motor vehicle, or b. a non-occupant of a motor'vehicle if injured as a result of an accident in Pennsylvania involving an insured motor vehicle. An unoccupied, parked insured motor vehicle is not a motor vehicle involved in an accident unless it was parked in a manner so as to create an unreason- able risk of injury. FIRST PARTY BENEFITS MEDICAL EXPENSES We will pay reasonable and necessary charges for. 1. medical treatment, including but not limited to: a. medical, hospital, surgical, nursing and dental services; b. medications, medical supplies and prosthetic devices; and c. ambulance. 2. medical and rehabilitative services, including but not limited to: a. medical care; b. licensed physical therapy, vocational rehabili- tation and occupational therapy; c. osteopathic, chiropractic, psychiatric and psy- chological services; and d. optometric services, speech pathology and audiology. 3. nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. Payment of medical expenses will be made pursuant to Section 1797 (a) of the Pennsylvania Motor Vehicle Financial Responsibility Law, and as it may be amended. #n i i i? }'1 All medical treatment and medical and rehabilitative ser- vices must be provided by or prescribed by a person or facility approved by the Department of Health, the equivalent governmental agency responsible for health programs or the accrediting designee of a department or agency of the state in which those services are provided. We use Peer Review Organizations (PRO) which have been approved by the Insurance Commissioner to eval- uate whether or not: 1. treatment; 2. health care services; 3. products; or 4. accommodations; which were provided conform to professional standards of performance and were reasonable and medically neces- sary. We, the injured person or the provider may request a reconsideration by the PRO within 30 days of the PRO's initial determination. This request for recon- sideration as to the reasonableness and necessity of treat- ment must be made pursuant to Section 1797 (b) of the Pennsylvania Motor Vehicle Financial Responsibility law, and as it may be amended. If we refuse payment of a provider's bill and do not chal- lenge it before a PRO within 90 days of receipt, the injured person may ask the court to review our refusal to pay. This 90 day provision does not apply to continuing treatment or services. FUNERAL EXPENSES If a premium appears on the Declarations for this cov- erage, we will pay reasonable and necessary expenses directly related to the funeral, burial, cremation or other form of disposition of the remains of the deceased person we protect. The expenses must be incurred as a result of the death of anyone we protect and within 24 months from the date of the accident. INCOME LOSS If a premium appears on the Declarations for this cov- erage, we will pay loss of income meaning 80% of gross income actually lost by anyone we protect. Loss of income includes reasonable expenses actually incurred for hiring: 1. a substitute to perform the work anyone we protect who is self-employed would have performed except for bodily injury, or 2. special help, thereby enabling a person to work, thereby reducing loss of gross income. We will not pay for: 1. any loss of income until five working days have been lost by anyone we protect because of the bodily injury, or 2. loss of expected income for any period following the death of anyone we protect, or 3. expenses incurred for services performed followbng the death of anyone we protect. ACCIDENTAL DEATH If a premium appears on the Declarations for this cov- erage, we will pay for accidental death arising from bodily injury to: 1. you; 2, a relative; or 3. an individual specifically named on the Declarations for this coverage, and that person's relatives; due to an accident resulting from the maintenance or use of a motor vehicle as a vehicle. We will pay this benefit no matter who is at fault in the accident. This death benefit will be paid to the executor or admin- istrator of the deceased's estate should bodily injury cause death within 24 months from the date of the accident. COMBINATION PACKAGE If a premium appears on the Declarations for'COMBI- NATION PACKAGE, we will pay for medical expenses, funeral expenses, income loss, and accidental death as described and limited above. Our payment is limited to $177,500 in the aggregate or to the expenses or loss incurred within three years from the date of the acci- dent, whichever occurs first. However, within this $177,500, we will pay no more than $25,000 for an acci- dental death benefit nor $2,500 for funeral expenses. EXTRAORDINARY MEDICAL BENEFITS If a premium appears on the Declarations for this cov- erage, we will pay benefits for reasonable and necessary medical expenses in excess of $100,000 arising from bodily injury to anyone we protect. The injury must be due to an accident resulting from the maintenance or use of a motor vehicle as a vehicle. We will pay these bene- fits no matter who, is at fault in the accident. No benefits will be paid under this coverage until such medical expenses exceed:$100,000. Subject to a lifetime aggregate limit of $1,000,000, the most we will pay on behalf of anyone we protect as a result of one accident is $50,000 per year. However, during the first 18 months of eligibility, we will make payments in excess of the $50,000 per year limit, subject to the lifetime aggregate limit of $1,000,000. WHAT WE DO NOT COVER - EXCLUSIONS We will not pay for bodily injury sustained by anyone we protect: 1. who is the owner or, a. only one currently registered motor vehicle for which Financial Responsibility is not provided; or b. more than one currently registered motor vehicle if Financial Responsibility is not provided on any of the vehicles. If Financial Responsibility is provided on some cur- rently registered motor vehicles and not provided on others, the will not pay for bodily injury to the owner while occupying or operating an owned motor vehicle for which Financial Responsibility is not provided. "Financial Responsibility" means the ability to respond for damages when liable on account of acci- dents arising out of the maintenance or use of a motor vehicle, in compliance with the 'requirements set forth in 75 Pa. C.S. 1701 et. seq; 2. while occupying or being struck by: a. a motorcycle, motor driven cycle, motorized pedalcycle or like type vehicle required to be reg- istered under Title 75; b. a recreational vehicle not intended for highway use; or c. any other type of motor vehicle not required to be registered under Title 75; 3. other than you, a relative or an individual specifically named on the Declarations for this coverage and that person's relative, who knowingly steals a motor vehicle if the bodily injury arises out of the mainte- nance or use of the stolen vehicle; 4. when the conduct of that person contributed to the bodily injury sustained by that person, while: a. intentionally injuring or attempting to inten- tionally injure himself or another, b. committing a felony, or c. seeking to elude lawful apprehension or arrest by a law enforcement official; 5. not occupying a motor vehicle, other than you, a rel- ative or an individual specifically named on the Dec- larations for this coverage and that person's relative, if the accident occurs outside the Commonwealth of Pennsylvania; 6. as a direct result of loading or unloading any motor vehicle, except while occupying a motor vehicle; 7. while maintaining or using a motor vehicle while located for use as a residence or premises; 8. due to war, whether or not declared, civil war, insurrection, revolution or rebellion or any accompa- nying acts or conditions; or 9. caused by nuclear radioactivity or explosion. LIMIT OF PROTECTION Our duty to pay benefits to any one person we protect in one accident is restricted to the First Party Benefits limits you selected as shown on the Declarations for one insured motor vehicle. Benefits shall not be increased for any person we protect by adding together the limits of protection: 1, under this policy because there are multiple motor vehicles covered under this policy, or 2. under multiple motor vehicle policies covering anyone we protect for the same loss. Any amount payable by us for: 1. medical expenses greater than $100,000 shall be excess over any amount paid or payable under Extraordinary Medical Benefits, and 2. First Party Benefits shall be excess over all benefits that anyone we protect receives or is entitled to receive under any workers' compensation law or similar law. PRIORITY OF POLICIES We will pay First Party Benefits in accordance will, title following order of priority. We will. not pay if there is another insurer at a higher level of priority even if that other insurer has paid its limits. The priority levels shown below are in descending order from highest to lowest: First - The insurer providing benefits to the injured person who is a named insured under its policy. Second - The insurer providing benefits to the injured person as an insured under its policy. Third - The insurer of the motor vehicle which the injured person is occupying at the time of the accident. Fourth - The insurer providing benefits on any motor vehicle involved in the accident if the injured person was not occupying a motor vehicle. If two or more policies have equal priority: die insurer against which the claim is first made shall process and Pay the claim as if wholly responsible. The insurer is then entitled to recover contribution pro rata from any other insurer for the benefits paid and the costs of processing the claim. Under the Fourth priority, proration shall, be based on the number of involved motor vehicles. 2. the maximum recovery under all policies will not exceed the amount payable under the policy with the highest dollar limits of benefits. CONDITIONS 1. Medical Reports; Proof of Claim. As soon as practi cable, anyone we protect, or someone on such per- son's behalf, shall' give us written proof of claim, under oath if required, fully describing, the nature and extent of bodily injury, treatment and rehabili- tation received and contemplated and other informa- tion to assist us in determining the amount due and payable. Anyone we protect shall submit to mental and phys- ical examinations by physicians selected by us when and as often as we may reasonably require. We will pay the costs of such examinations. Anyonc we protect (or, in the event of such person's incapacity, such person's legal representative) shall, if we request, sign papers to enable us to obtain medical reports and copies of records. A copy of such medical report will be forwarded to such person we protect upon such person's written request. If benefits for income loss are claimed, anyone we protect presenting such claim shall authorize us to obtain details of all earnings paid to such person by ,all employer or earned since the time of the injury or during the year immediately preceding tie date of the accident. ? ERIIo ERIE I'JSURANCE GROUP AUTO ABPU02 (Ed. 2/96) OF-5522 UNINSURED/UNDERINSURED MOTORISTS COVERAGE ENDORSEMENT--PENNSYLVANIA DEFINITIONS Words in bold type are used as defrted in the policy or in this form. "Extraordinary Medical Benefits Coverage" means cover- age for injury arising out of the maintenance or use of a motor vehicle for which medical treatment and rehabilita- tive services exceed 5100,000. "First Party Benefits" means Pennsylvania motor vehicle insurance first party benefits (medical benefit, income loss benefit, funeral benefit, accidental death benefit, combina- tion benefit) in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. "motor vehicle" means any land motor vehicle or trailer except: 1. a vehicle operated on rails or crawler treads; or 2. a vehicle located for use as a residence or premises. "serious injury" means a personal injury resulting in death, serious impairment of body function or perma- nent, serious disfigurement. "uninsured motor vehicle" means: 1. a motor vehicle for which there is no liability bond or insurance or self-insurance at the time of the acci- dent; 2. a motor vehicle for which the insuring company de- nies coverage or is or becomes insolvent; or 3. a "hit-and-run" motor vehicle which causes you bodily injury. The identity of the driver and owner of the "hit-and-run" vehicle must be unknown. The accident must be reported to the police or other proper governmental authority within 24 hours or as soon as possible. You must notify us as soon as pos- sible. Uninsured motor vehicle does not include: 1. motor vehicles insured for Liability Protection under this policy; 2. motor vehicles that are owned or operated by a self- insurer within the meaning of the financial responsi- bility laws, motor carrier laws or similar laws, unless the self-insurer becomes insolvent; 3. motor vehicles owned by any governmental unit or agency; or 4. motor vehicles designed for use mainly off public roads while not on public roads. "underinsured motor vehicle" means a motor vehicle for which the limits of available liability bonds or insurance or self-insurance at the time of the accident are insutfli- cient to pay losses and damages. Underinsured motor vehicle does not include: 1, motor vehicles insured for Liability Protection under this policy; or 2. motor vehicles owned by any governmental unit or agency; or 3. motor vehicles designed for use mainly off public roads while not on public roads. OUR PROMISE If Uninsured Motorists Coverage is indicated on the Dec- larations, the will pay damages for bodily injury that the law entitles you or your legal representative to recover from the owner or operator of an uninsured motor vehicle. If Underinsured Motorists Coverage is indicated on the Declarations, we will pay damages for bodily in- jury that the law entitles you or your legal representative to recover from the owner or operator of an underinsured motor vehicle. Damages must result from a motor vehicle accident aris- ing out of the ownership or use of the uninsured motor vehicle or underinsured motor vehicle as a motor vehicle and involve bodily injury, meaning physical harm, sick- ness, disease or resultant death. Payment of medical expenses will not exceed 110% of the: 1. prevailing charge at the 75th percentile; or 2. applicable fee schedule, the recommended fee or the inflation index charge; or 3. diagnostic-related groups (DRG) payment; or J. W 4. fee established by the Insurance Commissioner, whichever pertains to the specialty service involved, deter- mined to be applicable in the Commonwealth of Penn- sylvania under the Medicare Program for comparable services at the time the services were rendered, or the pro- vider's usual and customary charge, whichever is less. If a fee, charge or payment has not been calculated under the Medicare program for a particular treatment, accom- modation, product or service the amount of the payment may not exceed 80% of the provider's usual and custom- ary charge. If acute care is provided in an acute care facility to a pa- tient with an immediately life-threatening or urgent injury by a Level I or Level II trauma center accredited by the Pennsylvania Trauma Systems Foundation under the Emergency Medical Services Act (P.L.164, No. 45), or to a major bum injury patient by a bum facility which meets all the service standards of the American Bum As- sociation, the amount of payment may not exceed the usual and customary charge. Peer Review Organizations (PRO), which have been ap- proved by the Insurance Commissioner to evaluate whether or not: 1. treatment; 2. healthcare services; 3. products; or 4. accommodations; which were provided conform to professional standards of performance and were medically necessary and ec- onomically provided, may be used by us. The injured person may request a reconsideration by the PRO within 30 days of the PRO's initial determination. If we refuse payment of a provider's bill and do not chal- lenge it before a PRO within 90 days of receipt (90 day provision does not apply to continuing treatment or ser- vices), the injured person may ask the court to review our refusal to pay. We will not be bound by a judgment against the owner or operator of the uninsured motor vehicle or underinsured motor vehicle on issues of liability or amount of damages unless it is obtained with our written consent. OTHERS WE PROTECT 1. Any relative, if you are an individual; 2. Anyone else, while occupying any owned auto we in- sure other than: a. one while hired by or rented to others for a fee, or while available for hire by the public. "Fee" does not include payment received in a car pool or for trips for non-profit social, educational or charitable agencies. b. one being used without the permission of the owner. 3. Anyone else who is entitled to recover damages be- cause of bodily injury to any person protected by this coverage; 4. If you are an individual, anyone else while occupying any auto we insure other than: a. one you are using that is owned by another per- son residing in your household. b. one furnished or available for the regular use of you or anyone residing in your household. c. a hired or non-owned auto while being used by a relative. LIMITATIONS ON OUR DUTY TO PAY What We Do Not Cover - Exclusions This insurance does not apply to: 1. damages sustained by anyone we protect if he, she or a legal representative settled with anyone who may be liable for the damages, without our written con- sent. 2. the benefit of any workers' compensation or disabil- ity benefits carrier or anyone qualifying as a self=insurer under a workers' compensation, disabil- ity benefits or similar law. 3. damages sustained by anyone we protect while occu- pying or being struck by a motor vehicle owned by you or a relative, but not insured for Uninsured or Underinsured Motorists Coverage under this policy. 4. punitive or exemplary damages or related defense costs. 5. non-economic damages sustained in a motor vehicle accident by anyone we protect unless such person sustained serious injury, or such damages were caus- ed by a person who: a. was convicted of, or has accepted Accelerated Rehabilitative Disposition (ARD) for driving un- der the influence of alcohol or a controlled sub- stance in the accident; or b. was operating a motor vehicle registered in another state; or c. intentionally injured himself or another person. Exclusion 5. applies only when the LIMITED TORT option is selected. 6. bodily injury sustained by anyone we protect result- { ing from the use of any weapon. 7. bodily injury sustained by anyone we protect result- ing from assault and/or battery. vv LIMITS OF PROTECTION Limitations of Payment If coverage is purchased on a "Split Limits" basis, your Declarations will show a per PERSON and per ACCI- DENT limit for Uninsured and/or Underinsured Motor- ists Bodily Injury. The per PERSON limit for Bodily Injury is the most we will pay for damages arising out of bodily injury or death to one person in any one accident. Theper ACCIDENT limit for Bodily Injury is the most we will pay for damages arising out of bodily injury or death to all persons resulting from any one accident, sub- ject to theper PERSON limit. .{fan Individual's damages derive from bodily Injury to an- other person injured in the accident or the death ofanother person killed in the accident, we will pay only for such de- rivatlve damages wlthln the per PERSON limit available to the person injured or killed in the accident. If coverage is purchased on a "Single Limit" basis, your Declarations will show aper ACCIDENT limit for Un- insured and/or Underinsured Motorists Bodily Injury. This is the most we will pay for all damages arising out of bodily injury caused by any one accident. No one will be entitled to receive duplicate payments for the same elements of loss. Stacked Coverage If Stacked Uninsured Motorists and/or Stacked Underin- sured Motorists Coverage is purchased and the injured person is you or a relative, we will pay no more than the applicable sum of the Uninsured or Underinsured Motor- ists Coverage limits shown on the Declarations. If the injured person is other than you or a relative, we will pay no more than the applicable Uninsured or Un- derinsured Motorists Coverage limits shown on the Dec- larations for the auto involved in the accident, regardless of the number of persons we protect, autos we insure, pre- miums paid, claims made or autos involved in the acci- dent. If none of the autos are involved in the accident, the highest limit of Uninsured or Underinsured Motorists Coverage applicable to any one auto will apply. Unstacked Coverage If Unstacked Uninsured Motorists and/or Unstacked Un- derinsured Motorists Coverage is purchased, we will pay no more than the Uninsured or Underinsured Motorists Coverage limits shown on the Declarations for the auto involved in the accident, regardless of the number of per- sons we protect, autos we insure, premiums paid, claims made or autos involved in the accident. If none of the autos are involved in the accident, the highest limit of Uninsured or Underinsured Motorists Coverage applica- ble to any one auto will apply. Reductions The amount of damages paid or payable under this Unin- sured or Underinsured Motorists Coverages will be reduced by: the amounts paid or payable by or for those liable for bodily injury to anyone we protect- 2. the amounts paid or payable to anyone we protect under the Liability Protection of this policy. Payment under these coverages to or for anyone we pro- tect will reduce the amount of damages they may be en- tided to recover from those protected under the Liability Protection of this policy. A person who recovers damages under Uninsured Motor- ists Coverage cannot recover damages under Underinsur- ed Motorists Coverage for the same acFident. In any action for damages for. Uninsured Motorists benefits or Underinsured Motorists benefits arising out of the maintenance or use of a motor vehicle, a person who is eligible to receive benefits under First Party Benefits coverages shall be precluded from recovering the amount oft. 1. required benefits paid or payable under First Party Benefits; and 2. medical and rehabilitation expenses which were paid or are payable under Extraordinary Medical Benefits Coverage, if purchased. OTHER INSURANCE If anyone we protect has other similar insurance that ap- plies to the accident, we will pay our share of the loss, subject to the other terms and conditions of the policy and this endorsement. Our share will be the proportion the limit of protection of this insurance bears to the total Limit of Liability of all applicable insurance. For bodily injury to anyone we protect while occupying a motor vehicle you do not own, we will pay the amount of the loss up to the applicable limit(s) shown on the Decla- rations, less the amount paid or payable by other insur- ance. When the accident involves underinsured motor vehicles, we will not pay until all other forms of insurance under all bodily injury liability bonds and insurance policies and self-insurance plans applicable at the time of the accident have been exhausted by payment of their limits. ARBITRATION Disagreement over the legal right to recover damages front the owner or operator of an uninsured motor vehicle or underinsured motor vehicle or the amount of damages shall be settled by arbitration. The decision of the arbitra- ' r tors will be binding on these two issues. However, the amount of damages can never exceed the Uninsured or Underinsured Motorists Coverage limits shown on the Declarations. All other disagreements shall be decided by a court or competent jurisdiction and not by arbitration. Disagree- ments to be determined by such court include, but are not limited to: 1. stacking; 2, residency; 3. statutes of limitations; 4. whether a claimant is a person we protect under this endorsement; or 5. the validity of coverage selections or waivers execut- ed pursuant to the Pennsylvania Motor Vehicle Fi- nancial Responsibility Law. A decision shall not be binding on any issue not properly the subject of arbitration. Either party may stay arbitration or execution of any judgment or award until the fatal resolution of whether an issue is properly subject to arbitration. After written demand for arbitration by either party, each party will select an arbitrator. These two will select a third. If no selection is made within 30 days, the Judge of the Court of Record in the county of your legal domicile at the time of the accident will appoint the third arbitra- tor. Unless the panics agree otherwise, the arbitration will take place in the county and state where you live, and will follow the local rules of procedure and evidence. Each party will pay the arbitrator he chooses and equally bear the expenses for the third and all other expenses of the arbitration. Fees to lawyers and expert witnesses are to be paid by the party hiring them. In all other respects, any arbitration will follow the arbi- tration provisions of the Arbitration Act of 1927, surer is entitled to recover a pro rata contribution from any other insurer for the benefits paid and claims costs in- curred. If we are the insurer against which the claim is first made, we will not pay more than our Limit of Pro- tection. s? PAYMENT OF LOSS When multiple policies apply, payment shall be made in the following order of priority: 1. A policy covering the motor vehicle the injured per- son is occupying at the time of the accident. 2. A policy covering a motor vehicle not involved in the accident with respect to which the injured person is an insured. If two or more policies have equal priority, the insurer against which the claim is first made shall process and pay the claim as if wholly responsible. Thereafter, the in- At our option, we will pay: 1. anyone we protect; or 2. the surviving spouse; or 3. the legal representative; or 4. anyone legally entitled to recover. TRUST AGREEMENT 1. When we owe payment to anyone under this cover- age, they will: _ a. hold in trust for us all tights of recovery against the other party; ' b. do whatever is required to secure these rights, and do nothing to harm them; and c. sign and deliver to us all relevant papers. 2. When we pay anyone under this coverage, they will: a. repay us out of any damages recovered from the legally liable party; b. take any action necessary to recover payments made under this coverage, through a lawyer cho- sen by us; and c. repay us from any recovery for expenses, costs or lawyers' fees we paid in the action. RIGHTS AND DUTIES - GENERAL POLICY CONDITIONS WHAT TO DO WHEN AN ACCIDENT OR LOSS HAPPENS The following duties are added: If claimants or their representatives bring action for dam- ages, copies of suit papers must be sent to us at once. In an action against us, we may require anyone we protect to join as party defendants those we allege to be liable. LAWSUITS AGAINST US The entire section is changed to read. You must comply with the terms of the policy before you may sue us. OTHER PROVISIONS All other provisions of the policy apply. S. 1111111101111111111 1111111011111111111 st? e\ ERIE, ERIE INSURANCE GROUP AUTO AFPA03 (Ed. 10/95) OF-6380 POLICY CHANGE ENDORSEMENT -- PENNSYLVANIA DEFINITIONS The definition of "auto" "automobile" or "car" is revised as follows: 'auto', "automobile", or "car" means any four to six wheel land motor vehicle except: 1. a vehicle designed for use principally off public roads, while not on public roads; or 2. a vehicle operated on rails or crawler treads; or 3. a vehicle located for use as a residence; or 4. a miscellaneous vehicle. The definition of "auto business" is revised as follows: "auto business" means the business of selling, repairing, servicing, cleaning, painting, storing or parking autos, trailers or miscellaneous vehicles. The definition of "miscellaneous vehicle" is revised as follows. 'miscellaneous vehicle" means a motorcycle (including a motorcycle with a sidecar), moped, snowmobile, golfmobile, all terrain vehicle and any similar recreational vehicle. The following definitions are added and should be consid- ered bold type throughout the policy and its endorsement forms: "moving van" means a four to six wheel motor vehicle, such as a compact van or step van, designed mainly to transport household goods. It must be borrowed or rented and driven by the Named Insured or a relative for personal use. "noneconomic loss" means pain and suffering and other nonmonetary detriment. "private passenger motor vehicle means a four-wheel motor vehicle, except recreational vehicles not intended for highway use, which is insured by a natural person and 1. is a private passenger auto neither used as a public or livery conveyance nor rented to other; or 2. has a gross weight not exceeding 9,000 pounds and is not principally used for commercial purposes other than fanning. The term does not include any motor vehicle insured exclusively under a policy covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards. "resident" means a person who physically lives with you in your household. Your unmarried, unemancipated children under age 24 attending school full-time, living away from home will be considered residents of your household. "serious injury" means a personal injury resulting in death, serious impairment of body function or perma- nent serious disfigurement. WHEN AND WHERE THIS POLICY APPLIES The following sentence is added: The policy period begins and ends at 12:01 A.M., standard time at the stated address of the Named Insured. AUTOS WE INSURE The Non-Owned Autos We Insure section Is revised as follows: NON-OWNED AUTOS WE INSURE We insure for Liability Protection while you are using it, any auto, moving van or trailer not owned by you unless furnished or available for your regular use by any govern- mental agency or unit. Your operation or other use must be with the permission of the owner or you must reasonably believe you have permission. We insure for Liability Protection while a relative is using it, any private passenger auto, moving van or trailer not owned by or furnished or available for the regular use of you or a relative unless furnished or available for your regular use by any governmental agency or unit. The operation or other use by a relative must be with the permission of the owner or the relative must reason- ably believe permission exists. Comprehensive and Collision coverages, if purchased on an owned private passenger auto or trailer, will apply only while you or a relative are operating or have pos- session or custody of a private passenger auto, moving van or trailer riot furnished or available for the regular use of you or a relative. A private passenger auto, moving van or trailer rented to you for a period of more than 30 consecutive days shall be considered as furnished or available for the regular use of you or a relative. LIABILITY PROTECTION The Additional payments section is revised as follows: ADDITIONAL PAYMENTS We will make the following payments in addition to the limit of protection: I. court costs to defend or settle, as we believe proper, any claim or suit against anyone we protect, for damages covered under this section. Our payment of the limit of protection for a settlement, judgment, or deposit in court ends our duty to pay under this Item. 2. expenses incurred to investigate and defend or settle, as we believe proper, any claim or suit against anyone we protect for damages covered under this section. Our payment of the limit of protection for a settlement, judgment, or deposit in court ends our duty to pay under this Item. 3. post-judgment interest, but only that portion which accrues on that part of the judgment that does not exceed the limit of protection on a suit we defend. Our payment, offer in writing, or deposit in court of that part of the judgment which does not exceed the limit of protection ends our duty to pay the post- judgment interest which accrues after the date of our payment, written offer or deposit. 4. prejudgment interest or delay damages awarded on that part of any judgment that does not exceed the limit of protection. If we offer in writing to pay the applicable limit of protection, we will not pay any prejudgment interest or delay damages for the period of time after the offer. 5. reasonable expenses anyone we protect may incur at our request to help us investigate or defend a claim or suit. This includes up to $100 a day for a--tual loss of earnings. 6. premiums on the following types of bonds, but not for bond amounts greater than the limit of pro- tection: a. appeal bond in a suit we defend; b. bail bond (with a premium of $500 or less) required due to an accident or related traffic vio- lation involving an auto we insure; c. attachment bond to release property of anyone we protect due to an accident or related traffic violation involving an auto we insure. We have no duty to apply for or fumish such bonds. 7. reasonable costs for first aid to other people and animals at die time of an accident involving an auto we insure. 8. reasonable lawyers' fees up to $50 which anyone we protect incurs because of arrest, resulting from an accident involving an auto we insure. EXTRA PROTECTION WHEN OUT OF STATE The heading and the first sentence is revised as follows: EXTRA PROTECTION WHEN TEMPORARILY OUT OF STATE When the laws of a state where an auto we insure is tem- porarily being used require higher limits and/or more coverages than shown on the Declarations, your coverage(s) will comply with the minimum requirements of such laws. LIMITATIONS ON OUR DUN TO PAY What We Do Not Cover - Exclusions We do not cover: Exclusion (6) is revised as follows: (6) a non-owned auto while: a. used in connection with the auto business, or b. used in connection with any other business or occupation of anyone we protect. (Exclusion (6)(b) does not apply to a private passenger auto or trailer), or c. being operated by someone other than you or a relative. LIMITS OF PROTECTION Bodily Injury Liability Property Damage Liability Combined Single Limit of Liability The third paragraph is deleted and replaced by the fol- lowing: If coverage is purchased on a "Split Limits" basis, your Declarations will show a per PERSON and per ACCI- DENT limit for Bodily Injury Liability and a per ACCI- DENT limit for Property Damage Liability. The per PERSON limit for Bodily Injury Liability is the most we will pay for all damages arising out of bodily injury to one person in any one accident. The per ACCIDENT limit for Bodily Injury Liability is the most we will pay for all damages arising out of bodily injury to all persons resulting from any one accident, subject to the per PERSON limit. The per ACCIDENT limit for Property Damage Liability is the most we will pay for all property damage caused by any one accident. Rte Jollowing paragraphs are added between [lie "L/MlTS OF PROTECT/ON" and "OTHER INSUR- PHYSICAL DAMAGE COVERAGES ANCE" sections. PAYMENT Or MEDICAL EXPENSES Payment of medical expenses will not exceed 110% of the: I. prevailing charge at the 75th percentile, or 2. applicable fee schedule, the recommended fec or the inflation index charge, or 3. diagnostic-rclaled groups (DRG) payment, or 4. fee established by the Insurance Commissioner, whichever pertains to the specialty service involved, determined to be applicable in the Commonwealth of Pennsylvania under the Medicare Program for compa- rable services at the time the services were'rendered, or the provider's usual and customary charge, whichever is less. If a fee, charge or payment has not been calculated under the Medicare Program for a particular treatment, accom- modation, product or service the amount of the payment may not exceed 80% of the providers usual and cus- tomary charge. If acute care is provided in an acute care facility to a patient with an immediately life-threatening or urgent injury by a Level I or Level II trauma center accredited by the Pennsylvania Trauma Systems foundation under the Emergency Medical Services Act (P.L.164, No.45), or which meets all the service standards of the to a major bum injury patient by a bum facility Bum Association, the amount of payment may American exceed the usual and customary charge. USAGE OF PEER REVIEW ORGANIZATIONS (PRO) We may use PROs which have been approved by the Insurance Commissioner to evaluate whether or not: 1. treatment, 2. health care services, 3. products, or 4. accommodations, COMPREHENSIVE COVERAGE - OUR PROMISE The last sentence is deleted and replaced by the following; Should only your windshield be damaged, we will not subtract the deductible if die windshield is repaired rather than replaced. ADDITIONAL PAYMENTS (No Deductible Applies) The first sentence is revised as follows: If Comprehensive coverage and/or Collision coverage is purchased, we will pay: Item (2) is deleted and replaced by the following: We will pay: (2) transportation expenses resulting from a covered Comprehensive loss. These expensns will be paid by us until the auto we insure is returned to you in a usable condition or we offer settletnent, whichever comes first. This payment will not exceed $20 per day nor total more than $600 per loss unless a higher limit is purchased. No waiting period applies. LIMITATIONS ON OUR DUTY TO PAY What We Do Not Cover - Exclusions We will not pay for loss: Exclusion (3) is revised as follows: (3) to sound equipment unless permanently installed. Payment for loss to permanently installed sound equipment shall be limited to $1000 unless the equipment is installed in the opening of the dash or console normally used by the auto maker to install sound equipment. Payment for loss to tapes or compact discs will be limited to five tapes or compact discs in any one loss. When there is loss of tapes or compact discs by theft, we will pay for only one tape or compact disc, unless the entire auto is stolen, which were provided conformed to professional stand. ards of performance and were medically necessary and economically provided. The injured person may request a reconsideration by the PRO within 30 days of the PRO's initial determination. If we refuse payment of a provider's bill and do not clial- lenge it before a PRO within 90 days of receipt (90 day provision does not apply to continuing treatment or ser- vices), the injured person may ask the court to review our refusal to pay. Exclusion (6) is revised as follows: (6) to a non-owned auto while: a. used in connection with the auto business, or b. used in connection with any other business or occupation of anyone we protect. (Exclusion (6)(b) does not apply to a private passenger auto or trailer), or c. being operated by someone other than you or a relative. - r I LIMIT OF PROTECTION 771e last, sentence in the third paragraph is revised as follows: The limit of protection for loss to any trailer not owned by you is SI000. PAYMENT OF LOSS 771e first sentence is revised as follows: We will pay the loss in money, or we will pay the cost to repair or replace the damaged or stolen property. The second paragraph is revised as follows: We may settle any claim for loss with you or anyone that has a legal interest in the property. The following paragraph is added. As a condition precedent to our payment of all or pan of the actual cash value for a total loss to an auto we insure, you must assign or transfer to us the Certificate,of Title for the auto sustaining the loss. A total loss will be determined in compliance with the laws of Pennsylvania. o nersparagraph is not hipp of the salvage applicable as if you choose to pan oft retain he total loss settlement. RIGHTS AND DUTIES - GENERAL POLICY CONDITIONS (3) CANCELLATION Our Right to Cancel or Refuse)to Renew The last sentence of the fast paragraph is deleted. State Provisions s INDIANA, PENNSYLVANIA, TENNESSEE, WEST VIRGINIA in Cancellations mailed during the first 60 days the policy is i' effect This paragraph is changed to read: (a) 10 days after we send it (IN, TN); (b) 15 days after we send it (PA); (c) 30 days after we send it (WV). (4) CONCEALMENT, FRAUD OR MISREPRESEN- TATION This condition is replaced with the following. Within the first 60 days the policy is in effect, this entire policy is void if, before or after as accident or lossp, anyone we protect has intentionally concealed or misre- resented any material fact or circumstance concerning this insurance. In the event of a fraudulent claim, we will not make payment for the accident or loss. (9) OUR RIGHT TO RECOVER FROM OTHERS The following paragraph Is added: We will pay all reasonable expenses anyone we protect may incur at our request to help us recover damages from anyone else held responsible. This includes up to S 100 a day for actual loss of earnings. OTHER PROVISIONS All other provisions of the policy apply. ERIE INSURANCE GROUP • OF-6853 2/95 PENNSYLVANIA--NOTICE TO POLICYHOLDERS Please notify your Agent if you: • add drivers to your policy, including dependents when • change your address; they obtain their learner's permit; • change your marital status; • add/delete an auto or lienholder or another party hav- ing a financial interest in your vehicle(s); • change the distance you drive to or from work or . add a licensed resident to your household, regardless of school; whether they have their own automobile and insurance. • change the use of your vehicle (i.e., business use of ve- hicle); This information is needed to properly rate your policy. Your policy will be amended to reflect the change. ABBREVIATIONS USED IN ITEM 5 OF YOUR DECLARATIONS . ACC -- ACCIDENT BOD -- BODILY INJ -- INJURY PROP -- PROPERTY COLL -- COLLISION C M -- THOUSAND MAX -- MAXIMUM PRSN -- PERSON TRANSP -- TRANSPORTATION OMP —COMPREHENSIVE COV -- COVERAGE MED PAY -- MEDICAL PAYMENTS RCV -- RECREATIONAL CAMPING VEHICLE DIED -- DFDI1f:TiBI.F.. OCC -- OCCURRENCE PERS -- PF RCON AI WC -- WORKERS' COMPENSATION . . , WK(S) -- WEEK(S) DISCOUNTS Listed below are the auto insurance discounts which are available from The ERIE. The discounts which have been ap- plied to your policy are indicated on your Declarations. For additional information on these discounts, please contact your Agent. You must notify your Agent if you qualify for any of these discounts and they are not indicated on your Declarations. PASSIVE RESTRAINTS DISCOUNT - Available for autos equipped with factory-installed passive seat belts or air bags. ANTI-LOCK BRAKES DISCOUNT - Available for 1983 and newer Model Year autos equipped with anti-lock brakes on all four wheels. ANTI-THEFT DEVICE DISCOUNT - Available for autos equipped with anti-theft devices such as: • security alarms • hood locking mechanisms unlocked by a key or elec- tronic device • manual or automatic switch devices • remote monitoring alarms and central base computer systems • identification systems which involve etching VIN or serial number on automobile pans. MULTI-CAR DISCOUNT - Available if two or more pri. vale passenger autos: • are insured by the ERIE INSURANCE GROUP and • are owned and used by the Named Insured or a relative residing in the same household. Autos owned by or co- titled to non-relatives are not eligible. If "MULTI" appears after the Rating Class in ITEM 4, the auto has received the Multi-Car Discount. AGE 55 OR OVER DISCOUNT - Available if you are age 55 or over as of your renewal date AND the principal driver of a private passenger auto listed on your Declara- tions. MOTOR VEHICLE DRIVER IMPROVEMENT DISCOUNT - Available for a 3 year period if all Named Insureds are age 55 or older and have successfully completed a motor vehicle driver improvement course which meets the stan- dards of the State Department of Transportation. Avail- able for additional 3 year periods if, in addition to meeting these requirements cacti time, all licensed Named 114881 OF-6853 - I - Additional information MAY appear on reverse side ••' Insureds have: not had any "chargeable accidents" as described in ERIE's Defensive Driver Plan within the past 3 years • not had any violations that caused points to be as. signed under the Pennsylvania Motor Vehicle Code within the past 3 years • not been convicted of, or have riot accepted Accelerated Rehabilitative Disposition (ARD) for, driving under the influence within the past 3 years, DRIVER TRAINING DISCOUNT - Available for young drivers under age 21 who have successfully completed a driver training course which meets the standards of the Pennsylvania Department of Education or other educa- tional agency. MULTI-POLICY DISCOUNT - Available if you have a Family Auto policy and a HomeProtector or Mobile Homeprotector policy with the ERIE INSURANCE GROUP. A discount is given on the HomeProtector or Mobile HomeProtector policy premium. 100% FARM USE DISCOUNT - Available for autos used exclusively in connection with the operation of a farm owned or rented by you. You must reside on the farm. If the fourth digit of the Rating Class is 'F' the auto has re- ceived the Farm Discount. NOTICE OF TORT OPTIONS The laws of the Commonwealth of Pennsylvania give you the right to choose either of the following two ton options: 1. 'Limited Tort' Option - This form of insurance limits your rights and the rights of the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of 'serious injury" as set forth in the policy or unless one of several other exceptions noted in the policy applies. 2. 'Full Tort" Option - This form of insurance allows you to maintain an unrestricted right for yourself and other members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering or other nonmonetary dam- ages as a result of injuries caused by other drivers. If you wish to change the tort option that currently applies to your policy, you must notify your agent, broker, or com- party and request and complete the appropriate form. EXCEPTIONS TO ERIE'S DEFENSIVE DRIVER PLAN SURCHARGES Neither First Accident Forgiveness nor Feature Fifteen will affect our right to cancel or non-renew your policy should we decide such action is necessary. For additional information on The ERIE's Defensive Driver Plan, First Accident For- giveness or Feature Fifteen, contact your Agent. ERIE INSURANCE EXCHANGE AND ERIE INSURANCE COMPANY POLICYHOLDERS FEATURE FIFTEEN - If you have been insured on an Erie Pioneer Family Auto Insurance Policy for fifteen consecutive years, we will not apply a Defensive Driver Plan surcharge for at-fault accidents presented on your policy. A policy lapse of 30 days or more is considered an interruption of coverage and stars a new 15 year period. Violations subject to The ERIE's Defensive Driver Plan will continue to result in a surcharge. ERIE INSURANCE EXCHANGE POLICYHOLDERS ONLY FIRST ACCIDENT FORGIVENESS - If you have been insured on an Erie Pioneer Family Auto Policy for 3 consecutive years, we will forgive the surcharge on the first at-fault accident presented on your Pioneer Family Auto Policy. If you have more than one such policy with us, only one accident will be forgiven. Violations subject to The ERIE's Defensive Driver Plan will continue to result in a surcharge. 314882 OF-6853 - 2 Additional information MAY appear on reverse side ••. 03/19/98 F.RI 11:50 FAX 918144515060 0002 ?Lc?rri 0/0/70 5 LAW OFFICE OF ROBERT W. CLAYPOLE BY: Robert W. Ciaypole, Enquire ATTORNEY I.D. #:47956 61 Jennifer Lane AsOOa. Pa 19014-1511 Telephone: (610) 358.2732 Attorney for PWatiff(s) ATIONWME MUTUAL COURT OP CAMMONPLEAS CUA48ERLAND INSURANCE COMPANY AND COUNTY, PENNSYLVANIA MICHAEL MCCARTY JVS -- CrMACTION -LAW ANTHONY JOHN KANE LASSTTER AND ?t II GAME NO. CY-? I d l? (t ?V i l? You have been sued in court, Ifyou wish to defend against the claims set forth the following pages, you must take action within twenty (20) days after this complaint d notice are served, by entering a written appearance personally or by attorney and ing in writing with the court your defenses or objection to the claims set forth against u, You are warned that if you fail to do so the case may proceed without you and a lgment may be entered against you by the court without further notice for any money timed in the complaint or for any other claim or relief requested by the plaintiff You ry lose money or property or other zigbts; important to you. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO Z TELEPHONE THE OF171CE SET FORTH BELOW TO FIND OUT IERE YOU CAN GET LEGAL HELP, CorurAdminisrrator Cumberland County Courthouse . FMM 41h Floor In Tastlrnprrjr I ffdre unto >e3?rry hared One Courthouse Square z41d d U ?a?t?+?''rll* Pa, t:avlisk PA 17013 T M-e-1 _= to eq (717) 240-6200 2 003 00/19/99 11:50 FAX 918144515080 LAW OFFICE OF ROBERT W. CLAYPOLE BY: Robert W. ClkVole, Eegaim A-'rMRNEY I.D. #:47956 617ennifer Lane Aston, Pa 19014-1511 Telephone: (610) 358.2732 Attorney for Plaintiff (a) ATIONWIDE MUTUAL INSURANCE COMPANY 1000 Nationwide Drive Harrisburg, PA 17109 AND CHAEL MCCARTY - 505 Magaro Road ola. PA 17025 VS ,NTHONY JOHN KANE 109 mrdlhelm Road (ardabure. PA 17111 AND AVID LASSITER AND EBRA GANOE Park Avenue Gddletown. PA 17057 COURT OF COMMON" PLEAS CUNUNU L 4M COUNTY, pM W5nVABIIA CIVIL ACnON • LAW NO. 1. Plaintig Nationwide Mutual Insurance Company (hereinafter referred to as Nationwide) is a corporation licensed and authorized to conduct business in the Commonwealth of Pennsylvania and which maintains an office at the above address. 2. PlainfiIX Micbael McCarty is ari adult individual who at all times pertinent hereto resided at the above captioned address, 3. Defendant Debra Ganoe is an adult individual who at all tunes pertinent resided at the above captioned address. 4. Defendant David Lassiter is an adult individual who at all times pertinent resided at the above captioned address. 5. Defendant Anthony John Kane is an adult individual who at all times pertinent resided at the above captioned address. 6. In July of 1997, Nationwide insured Mrchael McCarty's1996 Saturn. 09/19/09 FRI 11:50 PAZ 918144515080 (a 004 7. On July 26, 1997, a motor vehicle owned by Defendant Ganoa and operated the Defendant Kane collided with a motor vehicle owned by Michael McCarty. 8. On the aforementioned date Mr. McCarty's vehicle was traveling west on tbia Road near Beaver Avenue when defendants' vehicle pulled from a parldng on Columbia Avenue into Mr. McCarty's lane of travel and cauued a collision. 9. Immediately prior to the accident Defendants Kane and Lassiter were drinking alcoholic beverages in Rumors Restaurant. 10. Defendant Lassiter, who was permitted to operate Ms. Game vehicle, had to have Defendant Kane drhrchinAome from the bar. 11. At the time Mr. Kands driver's license had been suspended or revoked. 12. Defendant Lassiter knew or should have known that Mr. Kane's license was suspended. 13. As a result of the collision Mr. McCarty sustained damages totaling eight d sbc hundred fifty three dollars and six cents ($8,653.06) 14. Nationwide insured Michael McCartyJs vehicle and pursuant to its policy of insurance it paid for the damages less Mr. McCarty's five hundred dollar ($500.00) deductible. {`, MTT- PT,AP"7[FFC V. DF.gJi,1?KANF. 15. Plaiiitiffs incorporate paragraph 1 through paragraph 14 inclusive as if fully set forth at length herein. 16. The aforementioned collision was caused solely by the negligence and mess of the Defendant Kane which consisted inter- alla of: a) failing to have proper control of his motor vehicle; b) being inattentive; c) puTmg out from a parking space into a lane of travel when it was unsafe to do so; d) careless driving; e) other acts of negligence which will become apparent upon discovery. 7.7 ?7 03/19/99 FRI 11:51 RU 918144515080 0005 17. Asa result of Defendant's negligence, Defendant is liable to Plaintiffs for. the aforementioned damages. WHEREFORE, Plaintiff demand judgment in their favor and against for an amount less than Fitly Thousand ($50,000.00) Dollars plus delay costs and such other relief as the Court may deem appropriate. 18. Plaintiff incorporates paragraph I though 17 inclusive as if fully set forth at herein. 19. Defendant is liable to Plaintiffs for his negligent acts and omissions which d inter alia of: a) entrusting the motor vehicle to Anthony Kane when he knew or should have known he was a unsafe driver, b) entrusting the motor vehicle to Anthony Kane when he knew or should have known he was a unlicensed driver, c) entrusting the motor vehicle to Anthony Kane when he know or should have known W. Kands driving ability was impaired by alcohol consumption; d) drinking alcoholic beverages to the point where he had to have someone else drive him home in Ms_ Ganoe's vehicle; 20. As a result of defendant's negligence, he is liable to -the plaintiffs for the :rationed damages. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant ' an amount less than Fifty Thousand ($50,000.00) Dollars plus delay damages, costs such other relief as the Court may deem appropriate. r()JWT m. PL.ARWrr FR V. DEFEND NT GANG. 21.Plaintiff incorporates paragraph 1 though 20 inclusive as if fully set forth at herein. 03/19/99 FRI 11:51 FAY 918144515080 22. Defendant is liable to Pl&IM for her negligent acts and omissions which consisted inter alia of : a) entrusting the motor vehicle to Anthony Kane when she knew or should have known he was a unlicensed driver, b) entrusting the motor vehicle to David Lassiter when she knew or should have known he was a irresponsible driver, c) entrusting the motor vehicle to David Lassiter when she knew or should have (mown Mr. Lassiter would drink to the point that he could not operate a vehicle. 20. As a result of defendant's negligence, he is liable to the plalntifl's for the aforementioned damages. WHEREFORE, Plaimiff demands judgment in its favor and against Defendant for an amount less than Fifty Thousand ($50,000.00) Dollars plus delay damages, costs and such other relief as the Court may deem appropriate. 14. Plaintiff incorporates paragraph I through 13 inclusive as if Silly set forth at length herein. WHEREFORE, Plaintiffs demand judgment in their flavor and against Defendant for an amount less than Fifty Thousand (550,000.00) Dollars plus delay damages, costs and such other relief as the Court may deem appropriate. BY: % 1C ROBERT W. CLAYPO , ESQUIRE Attorney for Plaintiff (s) U006 03/19/09 FRI 11:52 FAX 918144515080 4 The undersigned verifies that the statements contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. &if&d 'y), MICHAEL MCCARTY Date: WJ U07 ?I it ? a ?Q 2 ??o SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS KANE ANTHONY JOHN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KANE ANTHONY JOHN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within DECLARATORY JUDGEMENT COM On January 4th , 2000 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ mss: Docketing 18.00 Out of County 9.00 Surcharge 8.00 R. "Thomas Kline DEP. DAUPHIN CO 41.25 Sheriff of Cumberland County .00 76.25 01/04/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this >,79' day ofLd, , 9 o-Zrp A.D. T ?iw,c n 7Yt.nG. .l(a? - Prothonota'r;? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07020 P 1 COMMONWEALTH OF PENNSYLVANIA: Amended COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS KANE ANTHONY JOHN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NATIONALWIDE MUTUAL INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within DECLARATORY JUDGEMENT COM eLn 2000 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing So answ rs: Out of County 6.00 Surcharge 8.00 R Thomas Kline .00 .00 Sheriff of Cumberland county 14.00 01/04/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this ? 1 ? - day of _ A.D. w l1. huge . Prothonotar SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS KANE ANTHONY JOHN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LASSITER DAVID but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within DECLARATORY JUDGEMENT COM County, Pennsylvania, to On January 4th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ rs: Docketing 6.00 Out of County .00 -? -? Surcharge 8.00 R.1 Thomas Kline .00 Sheriff of Cumberland County .00 14.00 01/04/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this .77 R day of C)?be, ,.2ot,o A. D. ?`T`Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS KANE ANTHONY JOHN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GANOE DEBRA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within DECLARATORY JUDGEMENT COM On January 4th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ s: Docketing 6.00 Out of County .00 f Surcharge 8.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 14.00 01/04/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this .d 7', day of 0-U-0 A. D. ?.?? Q 714.Ck'<?.? Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 1999-07020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS KANE ANTHONY JOHN ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within DECLARATORY JUDGEMENT was served upon MCCARTY MICHAEL the DEFENDANT , at 0015:35 HOURS, on the 3rd day of December , 1999 at 505 MAGARO ROAD ENOLA, PA 17025 by handing to MICHAEL MCCARTY a true and attested copy of DECLARATORY JUDGEMENT together with NOTICE & COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 v - 9.30 Wo a t ?l .00 8.00 R. Thomas Kline .00 23.30 01/04/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and Subscribed to before By me this day of ?C`UU A. D. Pfothonotary Mifice of 141e S4erfff 1%9an Jane Sn%dcr Rc;d lisl;nc Iklxny William 1'. Tulle solidior Dauphin Counl% Harrisburg. Pennsylvania 17101 ph: (717 255-26(A1 lit: (717) 255-'2939 Jack Lotwick Sheriff Commonwealth of Pennsylvania ERIE INSURANCE EXCHANGE vs County of Dauphin GANOE DEBRA Sheriff's Return No. 2997-T - - -1999 OTHER COUNTY NO. 99-7020 Ralph G. McAllister Chief lkputc Michael W. Rinehart As,i+nml ChiC Ikputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KANE ANTHONY JOHN the DEFENDANT named in the within NOTICE & COMPLAINT IN CIVIL ACTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, December 28, 1999 DEFT MOVED TWO YEARS AGO NO FORWARDING ADDRESS. sworn and subscribed to before me this 28TH day of DECEMBER, 1999 . PROTHO TAR0"/'•4 So Answers, ? 1(,Al(- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $91.25 PD 12/01/1999 RCPT NO 130908 t^t L,7 1-: r I i e^ rj M f f ire of t4Q ,S4Priff Man Jane Smder Real Estate DgxaY William T. Tully Solicitor Dauphin Counth Harrisburg. Pennsyh•ania 17101 ph: (717) 255.2(410 t6c: (717) 255-2&99 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ERIE INSURANCE EXCHANGE Vs GANOE DEBRA Sheriff's Return No. 2447-T - - -1999 OTHER COUNTY NO. 99-7020 Ralph G. McAllister Chief I kputc Michael W. Rinehart Assistant C Ebel Ih:puty AND NOW: December 22, 1999 at 6:35PM served the within NOTICE 6 COMPLAINT IN CIVIL ACTION upon GANOE DEBRA by personally handing to DEFT 1 true attested copy(ies) of the original NOTICE s COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 6 PARK AVE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 28TH day of DECEMBER, 1999 PROTHONO So Answers, . ? 47 el?? Sheriff of Dauphin County, Pa. By Deputy sheriff Sheriff's Costs: $41.25 PD 12/01/1999 RCPT 140 130908 TS i clof fite 13# 14E "S4Pxtff Man' Jane Sncder (teal Iisnae Dclxnc William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin Count% Harrisburg. Pcnnschania 17101 ph: (717) 253-2(6() lily: (717) 235•2889 Jack Lotwick Sheriff ERIE INSURANCE EXCHANGE vs • GANOE DEBRA Sheriff's Return No. 2447-T - - -1999 OTHER COUNTY NO. 99-7020 Ralph G. McAllister Chief I )rpwc Michael W. Rinehart Assistant Chict'Ikputp AND NOW: December 7, 1999 at 9:05AM served the within NOTICE 4 COMPLAINT IN CIVIL ACTION NATIONWIDE MUTUAL INSURANCE to STEPHANIE GIPE-ADMIN SECRETARY of the original NOTICE & COMPLP. to him/her the contents thereof at Sworn and subscribed to before me this 28TH day of DECEMBER, 1999 PROTHONOTARY upon by personally handing 1 true attested copy(ies) INT IN CIVIL ACTION and making known 1000 NATIONWIDE DRIVE HARRISBURG, PA 17109-0000 So Answers, Sher 'fi? f of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs: $41.25 PD 12/01/1999 RCPT NO 130908 JR Cipffire Of t48 ,S4p.rr-ff Man Jame Sncder Real Estate Iktxwt} William T. Tully Solicitor Dauphin Count} Harrisburg. Pennsylvania 17101 pit:(717)255.260U 111N:(717)255-2&49 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ERIE INSURANCE EXCHANGE vs •• GANOE DEBRA Sheriff's Return No. 2447-T - - -1999 OTHER COUNTY NO. 99-7020 Ralph G. McAllister Chicl I1<pmy Michael W. Rinehart Assistant Chief Ikpuq' AND NOW: December 22, 1999 at 8:30PM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon LASSITER DAVID by personally handing to. ERNIE NAPOLI-RESIDENT IN CHARGE 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 6 PARK AVE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 28TH day of DECEMBER, 1999 PROTHONOTARY So Answers, Steriff of Dauphin County, Pa. 9,vct 7 P,1, P Deputy Sheriff Sheriff's Costs: $41.25 PD 12/01/1999 RCPT NO 130908 f JR In The Court of Common Pleas of Cumberland CounTya Erie Insurance _Exchange Pennsylvania Anthony John Kane, et. al. Serve: Debra Ganoe Now,_ 11/24/99 hereby deputize the Sheriff of No. 9_9-7020 Civil 19-,1, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland Counry, PA Affidavit: of Service Now, 19_, at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Counry, PA Sworn and subscribed before COSTS me this- day of 19 SERVICE S MILEAGE AFFIDAVIT- ®t__-_.... _ _ L In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange VS. Anthony John Kane, et. al. Serve: David Lassiter No.-99--7-020 Civil Now, 11/24/99 hereby deputize the Sheriff of 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?7 2 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 19, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA S ® Serve In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange VS. Anthony John Kane, et. al. Nationwide Mutual Insurance Rd. 99-7020 Civil Now, 11/24/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintif . Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this _ day of , 19 MILEAGE AFFIDAVIT 1 i 19_, at o'clock M. served the copy of the original In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Group VS. Anthony John Kane, et. al. Serve: Anthony John Kane No. 99-7020 Now, 11/24/99 , 19, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this. day of , 19 19_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof County, PA $ GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire ID#:32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. : NO. 99-7020 : CIVIL ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE ; MUTUAL INSURANCE COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA GANOE, Defendants PRAECIPE TO THE PROTHONOTARY: Please reinstate the Declaratory Judgment Complaint in the above-captioned matter. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. B1 r: 'TMOIffas E. Brenner, Esquire ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 3 ?f Attorney for Plaintiff Date: 2'1190.1 1 J l:. 55 F.- . SHERIFF'S RETURN - OUT OF COUNT CASE NO: 1999-07020 P COMMONWEALTH OF PENNSYLVANIA: COLTNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS KANE'ANTHONY JOHN ET AL Sheriff or Deputy Sheriff who being R. Thomas Kline earch and duly sworn according to law, says, that he made a diligent s to wit: and inquiry for the within named DEFENDANT KANE ANTHONY JOHN but was unable to locate Him in his bailiwick. He therefore County, Pennsylvania, to deputized the sheriff of YORK serve the within DECLARATORY JUDGEMENT-RIE On April loth , 2000 this office was in receipu ui ?•? attached return from YORK So ansyers: Sheriff's Costs: / Docketing 18.00 Out of County 9.00 Surcharge 10.00 R.-Thomas Kline Dep. York Cc 32.35 Sheriff of Cumberland County .00 69.35 04/10/2000 GOLDBERG, KATZKAN & SHIPMAN Sworn and subscribed to before me this /3 w day of Q.«? Zu-rJ A.D. ? i c Prothonotafy a l e -t-1-0400o. 0 0 e a lr e e w ® +m COUNTY OF YORK OFFICE OF THE SHERIFF S(717) 7719601L 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE.TYPE ONLY LINES 1.TO92 DO NOT DETACHrANY COPIES., - 1. PLAINTIFFS/ 2. COURT NUMBER -7020 Civil Erie Insurance Exchange 4. TYPFOF WRIT OR COMPLAINT 3. DEFENOANT/SI R e 3. H s t a t e d Notice & Anthony John Kane, et. al. Judgement Dcomplaint y SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Anthony John Kane (^/o Female Comnanion located at address helaw) 6. ADOflESS(STREETOR RFD WITH BOX NUMBER, APT NO., CI7Y,80F ,TWP., ST ATE ANO ZIP CODE AT 594 Old York Road Lot 16, Ftters PA 17119 7. INDICATE SERVICE: OP-RSONAL CI PERSON IN CHARGE EPUTRE 131STCLASSMAIL aPOSTED OOTHER NOW 0 I'S HERIFF OFYf= COUN A hereby de a sheriff of COUNTY to exec et cording to law. This deputation being made at the request and risk of the plaintiff. f z OUT OF COUNTY CUMBERLAND ADVANCE FEE PAID BY CUMBERLAND COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, In Melody of whomever Is found In possession, after notifying person of levy or attachment. without liability on the pan of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. ; •) EY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER' .11. DATE FILED 9. 11 NAME ANp AD RFSS of ATTOi?ISq. Ylomas Y'. Bt'enner, PO Box 1268, Harrisburg, PA 17108-1268 717) 234-41.61 .3/22j00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDHEBB BELOW: (Tma area must be completed If notice Is to be melled). Cumberland County SPACE BELOW FOR USE OF THE SHERIFF ONLY -DO NOT WRITE BELOW THIS 'INE 13.1 acknowledge receipt of the will SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpireOon/Flearing Dale I 4/21/00 or complaint as indicated above. J. Ludwig 3 16.140W SERVED: PERSONAL() RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS A7TrupTsl oust. I in.. lLmme a Date Tima MllesInt. Date TIme Mlles Int. Date 23. Advasts 24. Servka Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total jr 00.00 18.00 12.35 30.35 2.00 32.35 67.65 34. Foreign County Costs 35. Advance Costs 36. Service Costs 1 3 7. Notary Cert. 1 8. Miloage/PostagaIN.F 9. Total Costs 0. Cost Due or Refund SO ANSWER. 41.AFFIRMED lobuforeme this 5th 44. Signature of Dec. Sheriff 47. Date.-, CC DTA RIAL SEAL Signature of YO 48.Dalo 42.day of M ' ci ofvo ,v uvG 43. S IhVangreen, William M. Hose Chief Deputy or Sheriff 'o?=Gi U l 4/5/00 R: 46. ign-1J-mo ormgn 49. Dale MYC MM 4 EXPIRES Court Sheriff se . srvunun cnrv ocrn.T nE THE SHERIFF'S RETURN SI GNATURE 51. Data RBCe NUtl 0 T-5-<= -* 3j' Cools 33. Dash Due a stand OF AUTHORIZED ISSUINB A? ITHORITY AND TRLE I 1.WHITE-Issuing Authority 2.PINK-Anomey 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office LAW OFFICE OF ROBERT W. CLAYPOLE BY: Robert W. Claypole, Esquire 120 Ivy Mills Road Glen Mills. PA 19342 Telephone: (610) 355-2732 Attorney for Defendants Nationwide Mutual Insurance INSURANCE EXCHANGE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION-LAW ANTHONY JOHN KANE, NO. 99-7020 NATIONWIDE MUTUAL INSURANCE COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA GANOE Kindly enter my appearance as attorney of record for in the above matter on behalf of Defendants Nationwide Mututal Insurance Company and Michael McCarty. ROBERT W. CLAY MOUE, ESQUIRE Attorney for Plaintiff (s) I.D. 47956 '' ? c ,?- .. J L ? n ..., _ : - o.t ".i . ^'" ': ?u ?'c;._ -, - ?i- n J ?-? C) CJ LAW OFFICE OF ROBERT W. CLAYPOLE BY: Robert W. Claypole, Esquire 120 Ivy Mills Road Glen Mills. PA 19342 Telephone: (6111)358-2732 Atlomey for Defendants Natiomvide Mutual Insurance Comoanv and Michael INSURANCE EXCHANGE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION- LAW THONY JOHN KANE, NO. 99-7020 TIONWIDE MUTUAL >URANCE COMPANY, CHAEL MCCARTY. DAVID and DEBRA GANOE DEPENDANTS NATIONWIDE. MUTUAL INSURANCE COMPANY AND MICHAEL MCCARTY'S ANSWER TO PLAINTIFF COMPLAINT 1. Admitted. 2. Denied. Defendants Nationwide and McCarty are without sufficient knowledge or information to form a belief as to the truth of this averment and is therefore denied. 3. Admitted. 4. Admitted. 5. Denied. Defendants Nationwide and McCarty are without sufficient knowledge or information to form a belief as to the truth of this averment and is therefore denied. 6. Admitted. 7. Denied. Defendants Nationwide and McCarty are without sufficient knowledge or information to form a belief as to the truth of this averment and is therefore denied 8. Admitted. 9. -10. Denied. Defendants Nationwide and McCarty are without sufficient knowledge or information to form a belief as to the truth of this avermen' and is therefore denied 11. Denied. Defendants Nationwide and McCarty are without sufficient knowledge or information to form a belief as to the truth of this averment and is therefore denied. By way of further answer this averment is a conclusion of law as to which no responsive pleading is required. 12. Denied. Defendants Nationwide and McCarty are without suffic`ent knowledge or information to form a belief as to the truth of this averment and is therefore denied. By way of further answer this averment is a conclusion of law as to which no responsive pleading is required. 13. Admitted. WHEREFORE, Defendants Nationwide Mutual Insurance Company and Michael McCarty respectfully requests that this court enter an Order and decree that Erie Insurance Exchange has an obligation to afford coverage and indemnify defendant Anthony John Kane for the damages he caused in the accident of July 26, 1997. BY: Ae4 ROBERT W. CLA E, ESQUIRE Attorney for Plaintiff (s) The undersigned verifies that the statements contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 1??17710111 AY ROBERT W. CLAYPOLE, ES E Date: ? DJ C RTB:ICKrl-. OF SERVI .'. 1, Robert W. Claypole, sworn according to law, do hereby certify that a true and correct copy of Defendants Nationwide Mutual Insurance Company and Michael McCarty's Answer to Plaintiff Complaint and attorney Entry of Appearance filed in the above captioned matter was served on defendants or their attorney of record by sending same regular, first class postage paid mail on this date June 8, 2000. Thomas Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 /A /1? / Attorney for Plaintiff W L _ r J Ci ?j ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff VS. : NO. 99-7020 CIVIL ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA GANOE: Defendants TO THE PROTHONOTARY: PLEASE enter a default judgment of record against Defendant, Anthony John Kane, for failure to plead and answer the Complaint. Notice pursuant to Rule 237.1 was given to Defendant, Anthony John Kane (see attached) and a copy of the Affidavit of Mailing same is attached. Respectfully submitted, G BERG, KATZMAN & SHIPMAN, P.C. By: L/I L.? v Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney I.D. No. 32085 Dated: June 1, 2000 ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff Vs. : NO. 99-7020 CIVIL ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, . DAVID LASSITER and DEBRA GANOE: Defendants TO: Anthony John Kane 594 Old York Road Lot 16 Etters, PA 17319 DATE OF NOTICE: May 9, 2000 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAYLOSEYOURPROPERTYOROTHERIMPORTANTRIGHTS. YOUSHOULDTAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBERG, KATZMAN & SHIPMAN By: Thom' -E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiffs LAW OFFICES GOLDBERG. KATZMAN & SHIPMAN. P.C. RONALD M. KATZMAN F. LEE SHIPMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS C. BRENNER JOHN A. STATLER APRIL L. STRANG•KUTAY GUY H. BROOKS JEFFERSON J, SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WEBER ARNOLD B. KOOAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN OELORENZO STEVEN E GRUBB JOHN R. NINOSKY (via Certified Mail) Mr. Anthony John Kane 594 Old York Road Lot 16 Etters, PA 17319 RE: Erie Y. Kane, et al. Cumberland County C.C.P. No.: 99-7020 Dear Mr. Kane: Enclosed please find an Important Notice advising you that you have ten days from the date of this Notice to obtain counsel and answer the Complaint that has been filed in this matter. Please take this Notice to an attorney immediately upon receipt. Failure to do so may result in ajudgment being entered against you. TEB:sm1:44347.1 300 MARRET STREET STRAWDERRY SQUARE OF COUNSEL ARTHUR L. GOLDBERG P.O. BOX 1200 JOSHUA 0. LOCK HARRISHURO. PENNSYLVANIA 17100.1008 TELEPHONE: (717) 204.4101 FAX: (717) 204.0809 HARRY B. GOLDBERG 11001.10081 II=PU/W W W.OESLAW,COH HERSHEY OFFICE: 17171 333.4040 CARLISLE OFFICE. May 9, 2000 (717) 245-0597 YORK OFFICE: 17171 843.7012 ruly ourst Thomas' .Brenner Enclosure cc: Robert W. Claypole, Esquire (w/ encl.) Mi CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Robert W. Claypole, Esquire 61 Jennifer Lane Aston, PA 19014-1511 Attorney for Plaintiff (Via Certified Mail - Return Receipt Requested) Anthony John Kane 594 Old York Road Lot 16 Etters, PA 17319 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: cxi T, h etas E $ enner, Esquire ?3yQ Ma ?t Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiffs Dated: May 9, 2000 J i 1 J ? O u _ 'a ? l+ v. fG s ? N C O fll N '=J ? ro rn o x d c I O G [? ?4 843 O O 0 O O m C .i y it N t _ 0) 0 4J L :1 .3 T ? v Y M 1. .p.l 1, f1 ? ?,} m v ? ?• Il.l " P U1 " Al a 7 x ¢ y m ??(( V y U W N 0 1 N H } O O v j "c' F Z W a ?' ' o s 0P p u i wz N 3 o w a e d c xyi e(Jj N ? V 5 h 93 x Q? S Q 0 0 a??'r3,'??a?x.vir? .??'ri;l? Y ??Y+??'r'.?y?sc,%R`?.•?.4:?fi?'?....: I l \.O O s ?!;??7"J? ?a`24.?:a.'?N;'?.2?:.9?GSa? ? ,.Y' ?ti^r <riy a•..tfy.Sy'}a^?frin%+ ., n m E v Q E ?`V m u Z v n E O1 e a > z g E pp z co m V_ IL tq u a .. V-'-- ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff vs. : NO. 99-7020 CIVIL ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, . DAVID LASSITER and DEBRA GANOE: Defendants Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Thomas E. Brenner, Esquire, who being duly swom according to law deposes and says that on June 1, 2000, he sent the original of the attached letter and notice Certified Mail, Return Receipt Requested, to Anthony John Kane; and the return receipt card marked as having been attempted to be delivered on May 11, 2000 and May 16, 2000 and there has been no response, is attached hereto and made a part hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Thomas E. Br ner, Esquire Attorneys for Plaintiff Date: June 1, 2000 Sworn to and subscribed before, me, this /-?lday of n ` 4P` , 2000. ?6. , el , Notary Public My Commission Expires: NO A" SM CHRISn?a H. Rum NO" Rihaa Hort bwa. DMP* Ccw}m Mr ConAWM boo AO A. = CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: (Via Certified Mail, Return Receipt Requested) Anthony John Kane 594 Old York Road Lot 16 Etters, PA 17319 Robert W. Claypole, Esquire 61 Jennifer Lane Aston, PA 19014-1511 GOLD?BERG, KATZMAN & SHIPMAN, P.C. By: Teas E.. Brenner, Esquire Date: June 1, 2000 45567.1 7. y +"r -eg ERIE INSURANCE EXCHANGE, vs. Plaintiff ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA GANOE: Defendants AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-7020 CIVIL ACTION - LAW ORDER 2001, based upon the Plaintiff's Motion for Summary Judgment and Brief in Support, the Court hereby grants the Motion for Summary Judgment and declares that Erie Insurance Exchange has no coverage for the actions of Anthony John Kane. BY THE COURT: J. ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff vs. : NO. 99-7020 CIVIL ACTION - LAW ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, . DAVID LASSITER and DEBRA GANOE: Defendants MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF, ERIE INSURANCE AND NOW, come Erie Insurance Exchange, by its attorneys, Goldberg, Katzman & Shipman, P.C. who states: This Declaratory Judgment action raises the question of whether Erie Insurance has any obligation to provide liability coverage for Defendant, Anthony John Kane, for his actions in operating a motor vehicle on July 26, 1997. 2. On that date, Anthony John Kane operated a 1993 Hyundai Elantra vehicle owned by Debra Ganoe that was involved in a vehicle collision on Columbia Avenue in East Pennsboro Township with a vehicle operated by Defendant, Michael McCarty, Jr. 3. That collision has resulted in litigation filed by Nationwide Insurance and Michael McCarty, Jr. in this county claiming damages against Anthony Kane, David Lassiter and Debra Ganoe at docket No. 99-1044. 4. Debra Ganoe is insured with Erie Insurance and David Lassiter, her boyfriend, had permissive use of the Hyundai vehicle on the day of the accident. 5. As reflected on the Affidavit attached hereto as Exhibit A, Debra Ganoe did not grant permission to use her vehicle to Anthony John Kane on the date of the accident. 6. As reflected on the Affidavit of David Lassiter attached hereto as Exhibit B, he did not authorize Anthony John Kane to utilize the motor vehicle at the time of the collision with the vehicle operated by Mr. McCarthy. A default judgment was entered on June 1, 2000 against Anthony John Kane who has not responded to this Declaratory Judgment action. Defendants Nationwide and McCarty oppose the entry of a Declaratory Judgment arguing that Erie does have an obligation to afford coverage. 9. The facts as to the use of the Hyundai are established by the Affidavits of Ms. Ganoe and Mr. Lassiter. 10. As there are no disputes of fact and no issue of law, it is appropriate that a Motion for Summary Judgment be entered declaring that Anthony John Kane was not a permissive user of the vehicle on the date of the accident and therefore not entitled to coverage under the policy of Erie Insurance Exchange. WHEREFORE, Plaintiff Erie Insurance requests that this Court grant this Motion for Summary Judgment and declare that Erie Insurance Exchange has no coverage for the actions of Anthony John Kane. GOLDB G, KATZMAN & SHIPMAN, P.C. By. bow Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: I r?? 572x0.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: (Via Certified Mail, Return Receipt Requested) Anthony John Kane 594 Old York Road Lot 16 Etters, PA 17319 Robert W. Claypole, Esquire 120 Ivy Mills Road Glen Mills, PA 19342-1467 GO , KATZMAN & SHIPMAN, P.C. By: 4??- Thomas E. Brenner, Esquire Attorney I.D. No. 32085 Date: - I 1 45567.11 V11 ERIE INSURANCE EXCHANGE, Plaintiff vs. ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, . DAVID LASSITER and DEBRA GANOE: Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-7020 CIVIL ACTION - LAW I hereby state that the foregoing is true and correct to the best of my knowledge, information and belief: I. On July 26, 1997, I was the title owner of a 1993 Hundai Elantra. 2. On that date, that vehicle was used with my permission by my boyfriend David Lassiter. 3. I did not give permission for the use of that vehicle to Anthony John Kane, who I understand was operating that vehicle and was involved in a motorvehicle accident on that date. Debra Ganoe Swom to an_ I1 subscr me this day of 2000. Notary Public My Commission Expires: 47740.1 Z-0 o v N0lanal Seal Rcca Anne Moss, Wag Public naupnln ounty on Excites Jan. 8. 2001 Membei. Pennsylvania Association of Notaries p ERIE INSURANCE EXCHANGE, Plaintiff VS. ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, . DAVID LASSITER and DEBRA GANOE: Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-7020 CIVIL ACTION - LAW I hereby state that the foregoing is true and correct to the best of my knowledge, information and belief: 1. I, David Lassiter, am an adult individual who resides at 6 Park Avenue, Middletown, Pennsylvania. 2. On July 26, 1997, my girlfriend, Debra Ganoe, granted me permission to utilize her 1993 Hundai Elantra. I traveled in that vehicle to Rumors Restaurant in East Pennsboro Township, Cumberland County, Pennsylvania. 3. Unknown I:) me, Anthony John Kane took the keys to that motor vehicle and was operating that motor vehicle at the time he was involved in a collision with a motor vehicle operated by Michael McCarthy. 4. Anthony John Kane did not obtain the keys with my permission or authorization and I was unaware of his operation of the motor vehicle until after he had been involved in the accident. avid Lassiter L/?? Swom t an¢ bscrib before me this ay zoo 0 2000/ to v Public My Commission Expires: Notarial Seat Rebecca Anna Heas. Nola , Public Royalton aoro, Dauphin Counly my commission Expires Jan. 9. 2001 enmel. ennsvlvame Assoclanoa of Notaries PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) ERIE INSURANCE. EXCHANGE, Vs. ANTHONY JOHN KANE, NATIONWIDE MUTUAL INSURANCE COMPANY, MICHAEL MCCARTY, DAVID LASSITER and DEBRA CANOE ( Plaintiff ) (Defendant) No- 7020 Civil Action -Law 19 99 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurer to ccimplaint, etc.) : Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Thomas E. Brenner, Esquire Address: Goldberg, Katzman S Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (b) for defendant: Robert N. Claypole, Esquire Address: 120 Ivy Mills Road Glen Hills, PA 19342-1467 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argurrent Court Date: February 14, 2001 Dated: II?? IOI Attorn for CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: (Via Certified Mail, Return Receipt Requested) Anthony John Kane 594 Old York Road Lot 16 Etters, PA 17319 Robert W. Claypole, Esquire 120 Ivy Mills Road Glen Mills, PA 19342-1467 G G, KATZMAN & SHIPMAN, P.C. By: . Brenner, Esquire Attorney I.D. No. 32085 Date: ''/(P/0/ 4556/.1 _.r.:? ?ll ERIE INSURANCE EXCHANGE, IN THE COURT OF COMb10N PLEAS CUMBERLAND COUN'T'Y, PA Plaintiff Vs. NO. 99-7020 CIVIL ACTION - LAW ANTHONY JOIIN KANE-, NATIONWIDE MUTUAL INSURANCE : COMPANY, MICHAEL MCCARTY, DAVID LASSITERand DEBRA GANOE: Defendants ORDER AND NOW, this I_ day of Cz0-W 2001, the Court enters Summary Judgment in this Declaratory Judgment Action, finding that Erie Insurance Exchange has no obligation to defend or provide indemnity for Defendant, Anthony John Kane, as he was not a permitted user of the vehicle owned by Debra Ganoe, the Erie insured, at the time of the accident on July 26, 1997. CG??z ??GC 58668.1 ell