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Home My WebLink About03-4261Fred H. Hait, ID # 34331 Attorney for Plaintiff Halt & Puhala, P.C The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013 (717) 249-4500 249-2411 (fax) pajoblawfh@earthlink.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY NOREIKA, Plaintiff Civil Action--Law vs. No. ~:~,~ ~/A (~/ ~ NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant TO: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY 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. Court Administrator Fourth Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240*6200 Hait & Puhala, Attorr~ys for Plaintiff The Wellington 17 East High Street, Suite 101 Cadble, PA. 17013-3047 (717) 249-4500 249-2411 (fax) pajoblawfh@ea rthlink, net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY NOREIKA, Plaintiff VS. Civil Action--Law NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant COMPLAINT 1. Plaintiff is Shelley Noreika, an adult individual residing at 2124 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Nationwide Mutual Fire Insurance Company, which maintains a place of business at 1000 Nationwide Drive, Harrisburg, Dauphin Count,/, Pennsylvania. 3. Defendant regularly conducts business in Cumberland County. 4. Defendant is engaged in the business of issuing automobile insurance policies, pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.$. 5¢~ 1707 et seq. On or about 10/9/02, Defendant issued to Plaintiff Nationwide Auto Policy number 58 37 D 496656, which provided her with motor vehicle insurance for the policy period 10/3/02 to 4/3/03~ A copy of the Declarations Page of that policy is marked Exhibit A, attached hereto, and hereby incorporated by reference. Plaintiff does not have a copy of the full policy, but she believes that Defendant does possess a copy. 6. The insurance policy described above provides for income loss coverage of up to $1,000.00 per month, up to an aggregate total of $5,000.00. 7. The insurance policy described above was in full force and effect on 10/15/02 when Plaintiff, while engaged in the course of her occupation as a school bus driver, driving a vehicle owned by her employer, was involved in a motor vehicle collision which resulted in disabling injuries, causing her to lose income for a period of time. 8. On or about 10/24/02, Plaintiff submitted an application for First Parly Income Loss benefits to Defendant. 9. On or about 11/18/02, Defendant notified Plaintiff's counsel that it was denying her claim for First Party Benefits, citing a policy exclusion that stated "?here/s no co~'erc~ge for use of any rnofor vehic/e by an insured.. (a ) lo carry persons or properly for o fee. 10.Defendant's reliance on the policy exclusion described above is incorrect under the circumstances of this case, or, in the alternative, the policy exclusion cannot as a matter of law apply to the circumstances of this case. Therefore, Defendant's denial of First Party Benefits consitutes a breach of its obligations under the insurance policy described above. 11 .Defendant's denial of First Parly Benefits lacks any reasonable basis in law or in fact. WHEREFORE, Plaintiff demands judgment against Defendant for a declaration that the policy exclusion in question does not apply, or is invalid as a matter of law, together with money damages not exceeding $25,000.00, interest at the statutory rate pursuant to 75 ?a. C'.$. ,~ 171~, counsel fees pursuant to 75 ?a. C...,c. ~ 171~, costs of suit, and such additional relief as the Court deems appropriate. Respectfully submitted, Halt & Puhala, P.C. Attorneys for Plaintiff The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249-2411 (fax) pajoblawfh@earthlink.net AFFIDAVIT I, the undersigned, Shelley Noreika, verify that the facts set forth in the foregoing Comp/a/ntare true and correct, to the best of my knowledge, information, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 ,aa. C.$. § ~/~/, relating to unsworn falsification to authorities. Date NATIONWIDE AUTO POI.ICY. DECLARATIONS Page 1 of 2 These Declarations are a part of the policy named above and identified by policy number below. They supersede any Declarations issued eadler. Your policy provides the coverages and limits shown in the schedule of coverages. They apply to each insured vehicle as indicated. Your policy complies with the motorists' financial responsibility laws of your state only for vehicles for which Property Damage and Bodily Injury Liability coverages are provided. Policyholder: Policy Number: DB Account Number (Named Insured) 58 37 D 496656 283444 SHELLY NOREIKA 2124 RITNER HIGHWAY CARLISLE, PA 17013-9305 Issued: OCT 09, 2002 Policy Period From: OCT 03, 2002 to ,APR,O.3,. 2003 ,but only If the required premium fo,r this 13eriod has been paid and only for six month renewa~ .penoos n renewa~ premiums have peen paid as required. This policy is initially effective at (1) the time the application mr insurance is completed, or (2) 12:01 a.m. on the first day of the policy period, whichever Is later. Each renewal period begins and ends at 12:01 a.m. standard time at the address of the named insured stated herein. This policy cancels at 12:01 a.m. at the address of the named insured stated herein. IMPORTANT MESSAGES: THE FOLLOWING CHANGE(S) HAVE BEEN MADE TO YOUR POLICY: EFFECTIVE OCT 03, 2002 -CHANGED TO CLIENT PAY PLAN -REINSTATED COVERAGE LAPSED FROM SEP 17, 2002 TO OCT 03, 2002 SEE ENCLOSED NOT I CE FOR pRE~ I UM DETA I L INSURED VEHICLE(S) & SCHEDULE OF COVERAGES 1. 1997 FORD F150 Coverages COMPREHENS 1VE COLLISION PROPERTY DAMAGE L I AB I L I TY BODILY INJURY LIABILITY UN 1NSURED MOTOR I STS - BOD I LY I N JURY UNDERINSURED MOTORISTS-BODILY INJURY FIRST PARTY BENEFITS OPTION 1-MEDICAL BENEFIT OPTION 2-INCOME LOSS BENEFIT OPTION 4-FUNERAL BENEFIT LIMITED TORT ID #1FTDF1821VNB83026 LimEs Of LiabilEy ACTUAL CASH VALUE LESS $ 100 ACTUAL CASH VALUE LESS $ 500 $ 50,000 EACH OCCURRENCE $ 50,000 EACH PERSON $ 100,000 EACH OCCURRENCE (NON-STACKED ) $ 15,000 EACH PERSON $ 30.000 EACH OCCURRENCE (NON-STACKED) $ 15,000 EACH PERSON $ 30,000 EACH OCCURRENCE i10,000 5,000 TOTAL 1,000 MONTHLY 1,500 TOTAL Six Month Premium i96.60 173.00 161.30 $ 117.20 $ 4.80 $ 8.60 $ 64.20 $ 624.20 V-0100-A Page 2 of 2 3. 1995 FORD CONTOUR Coverages PROPERTY DAMAGE L I AB I L I TY BODILY INJURY LIABILITY UN INSURED MOTOR I STS-BOD I LY I N JURY UNDERINSURED MOTORISTS-BODILY INJURY TOWINGAND LABOR FIRST PARTY BENEFITS OPTION 1-MEDICAL BENEFIT OPTION 2-INCOME LOSS BENEFIT OPTION 4-FUNERAL BENEFIT LIMITED TORT INSURED DRIVERS: Driver # Name 01 SHELLY 02 DAVID NOREIKA NOREIKA ID #1FALP653XSK192670 Lim~s Of Liability 50,000 EACH OCCURRENCE 50,000 EACH PERSON 100,000 EACH OCCURRENCE (NON-STACKED) 15,000 EACH PERSON 30,000 EACH OCCURRENCE (NON-STACKED) 15,000 EACH PERSON 30,000 EACH OCCURRENCE 50 EACH DISABLI~4ENT 10,000 5,000 TOTAL 1,000 MONTHLY 1,500 Bi~h MarEal License Date Status Number 11/04/73 MARRIED 23910175 02/06/73 MARRIED 22917185 TOTAL Six Month Premium $ 146.70 $ 117.20 $ 4.80 8.60 I. 70 60.20 9.10 .4O 348.7O APPLIED DISCOUNTS: PASSIVE RESTRAINT SAFE DRIVER MULTI CAR Policy Form & Endorsements: V537 2248 3208 * Office Use: AUG 13, 2002 $ 0.00 Issued By: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Countersigned At: HARR I SBURG, PA. 23779 Home Office - Columbus, Ohio By: ANDREW L SHOEMAKER IMPORTANT PHONE NUMBERS Nationwide 24-Hour Claims Number: 1-800-421-3535 For QUESTIONS About Your Policy, Call Your NATIONWIDE AGENT: A. SHOEMAKER 717-776-7229 For Hearing Impaired: TTY 1-800-622-2421 Nationwide Regional Office: 717-657-6400 SHERIFFIS RETURN - CASE NO: 2003-04261 P COMMONWEALTH OF PENNSYLVANIA: cOLrNTY OF CUMBERLAND NOREIKA SHELLY VS NATIONWIDE MUTUAL FIRE INS CO OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: NATIONWIDE MUTUAL FIRE INSUttANCE COMPANY but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On September 10th , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 09/10/2003 FRED HAIT & ASSOC Sworn and subscribed to before me this /'7 ~ day of .~.~-7--'.~,~. ~ ;I.D. Prothonotary this office was in receipt of the So answer: /.-~' / Sheriff of Cumberland County The Court of Common Pleas of Cumberland County, Pennsylvania Shelly Noreika VS. Nationwide Mutual Fire Insurance Ccmpany SERVE: s~ne 03-4261 civil No. Now, September 2, 2003 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service within ,20 , at o'clock M. served the upon by handing to and made known to copy of the original the contents thereof. 8o answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20 COSTS SERVICE MII.EAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255~2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Dan/el Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 2368-T - OTHER COUNTY NO. NOREIKA SHELLY vs NATIONWIDE MUTUAL FIRE INSURANCE COMPA -2003 03 4261 AND NOW:September 8, NOTICE & COMPLAINT NATIONWIDE MUTUAL FIRE INSURANCE COMPANY to STEPHANIE HOKE (RECPT) of the original 2003 at 9:55AMserved the within upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT and making known to him/her the contents thereof at 1000 NATIONWIDE DRIVE HARRISBURG, PA 17110-0000 Sworn and subscribed to )efore me this 8TH da~f SEPTEMBER, PROTI'{ONOT.~R¥ 2003 Answers Deputy Sheriff Sheriff's Costs: $29.25 PD 09/08/2003 RCPT NO 182495 E TORO 03HB-00153 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Nationwide Mutual Fire Insurance Company SHELLY NOREIKA, (PLAINTIVV) VS. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, (DEEENOANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4261 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Nationwide Mutual Fire Insurance Company. Date: September 22, 2003 Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES By: ~~/~j Court I.D. 55453 03HB-00153 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Nationwide Mutual Fire Insurance Company SHELLY NOREIKA, (PLAINTIFF) VS. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 03-4261 CIVIL ACTION - LAW JURY TRIAl_, DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Nationwide Mutual Fire Insurance Company herein, and that she caused a true and correct copy of Entry of Appearance to be served by regular first class mail upon: Dated: September 22, 2003 Fred H. Hait, Esquire Halt & Puhala, P.C. The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013 03HB-00153 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Nationwide Mutual Fire Insurance Company SHELLY NOREIKA, (PLA~STIgV) VS. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, (DEfENDAnTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4261 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT NATIONWIDE MUTUAL FIRE INSURANCE COMPANY TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Nationwide Mutual Fire Insurance Company, by its attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer to the Plaintiff's Complaint: 1-4. Paragraphs 1 through 4 of the Complaint are admitted. 5. Nationwide admits the allegations in paragraph 5 of the Complaint that it issued an auto policy to the Plaintiff for the policy period described therein. 6. Paragraph 6 of the Complaint is admitted. 7. Paragraph 7 of the Complaint is admitted to the extent that the policy was in force on 10/15/02. After reasonable investigation, Nationwide is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 7. Therefore, they are denied and strict proof is demanded. 8-9. Paragraph 8 and 9 of the Complaint are admitted. 10. Paragraph 10 of the Complaint is specifically denied. On the contrary, Nationwide's invocation of the clear and unambiguous "use for hire" exclusion is consistent with Pennsylvania case law interpreting and upholding the exclusion. Therefore, Defendant has fully complied with the terms and conditions of the insurance policy in denying first party benefits to Plaintiff. 11. Paragraph 11 of the Complaint is specifically denied. On the contrary, Nationwide's denial of first party benefits is based upon, and wholly consistent with, Pennsylvania case law interpreting and upholding the applicabi[e exclusion. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in Defendant Nationwide's behalf sustained. Date: October 16, 2003 By: Respectfully submitted, LAW OFFICES O,F JACOBS & ASSOCIATES Attorney for' Defendant Identification No.55453 03HB-00153 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Nationwide Mutual Fire Insurance Company SHELLY NOREIKA, (PLAINTIFF) VS. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 03-4261 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Sue Geyer, a Representative of Nationwide Mutual Fire Insurance Company, verify that the statements made in the foregoing Answer of Defendant Nationwide Mutual Fire Insurance Company are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: Sue Geyer, Repr6kentative ~ Defendant Nationwide Mutual Insurance C_..o~) ~,~., ' 03HB-00153 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Nationwide Mutual Fire Insurance Company SHELLY NOREIKA, (r~AINTIgV) VS. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY~ (DEfENDAnTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 03-4261 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Nationwide Mutual Fire Insurance Company herein, and that she caused a true and correct copy of Answer of Defendant Nationwide Mutual Fire Insurance Company to P]aimiff's Complaint to be served by regular first class mail upon: Dated: October 16~ 2003 Fred H. Hait, Esquire Hait & Puhala, P.C. The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013 Fred H. Hait, ID # 34331 Attorney for Plaintiff Halt & Puhala, P.C. The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013 (717) 249-4500 249-2411 (fax) pojoblawfh@earthlink.rtet IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLY NOREIKA, Plaintiff Civil Action--Law VS. No. 03-04261 Civil Term NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark this matter discontinued. Hait & Puhala, P.C. Attorneys for Plaintiff The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249-2411 (fax) pajoblawfh@earthlink.net