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HomeMy WebLinkAbout07-5986 Paul R. Walker, Esquire Pa. ID#88714 Scott D. McCarroll, Esquire Pa. ID#92985 THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7061 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: Dq-- -,*Ag(o Civit Ierr,% V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE' S AUTO SALES and KRISTINE GULICK, a minor Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT FOR DECLARATORY JUDGMENT And now, comes Plaintiff Pennsylvania General Insurance Company, by and through its counsel, Thomas, Thomas and Hafer, LLP, and files this Complaint for Declaratory Judgment against Defendants Toni Gulick, as administratrix of the Estate of Larry Gulick, Jr., Cynthia K. Jumper, Kristine's Auto Sales, and Kristine Gulick, and states as follows: 1. Pennsylvania General Insurance Company is an insurance company authorized and licensed to do business in the Commonwealth of Pennsylvania with an office at 1500 Spring Garden Street, Philadelphia, Pennsylvania 19130. k 2. Toni Gulick is the duly appointed Administratrix of the Estate of Larry Gulick, Jr. and resides at 6301 Chesterfield Lane, Mechanicsburg, Pennsylvania 17055. 3. Cynthia K. Jumper is an adult individual residing at 119 W Ridge Street, Apartment D Carlisle, Pennsylvania 17013. 4. Kristine's Auto Sales was a business with its principal place of business at 1645 Trindle Road, Carlisle, Pennsylvania at all times relevant. 5. Kristine Gulick is an adult individual residing at 6301 Chesterfield Lane, Mechanicsburg, Pennsylvania 17055. 6. Pennsylvania General Insurance Company (Pa, 8/15/95), formerly known as General Accident Insurance Company, formerly known as Pennsylvania General Insurance Company, provides garage policy number G 0227651-00, in effect for the period from October 22, 1996 to October 22, 1997, with the named insureds being Kristine's Auto Sales, Larry G. Gulick Jr., and Cynthia K. Jumper ("Policy"). A copy of relevant parts of the Policy are attached and incorporated here as though set forth in full as Exhibit "A". 7. On or about October 27, 1996, an automobile accident occurred involving a vehicle with registration plate F53148F operated by Larry Gulick, with Kristine Gulick as a passenger, who was a minor at that time. 8. On or about June 14, 2006, Kristine Gulick filed a complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docket number 06-3386 Civil, styled Kristine L. Gulick v. Toni Gulick, Administratrix of the Estate of Larry Gulick, Jr. ("Underlying Action") 501230-1 2 9. The Underlying Action sounds in negligence and seeks damages against Toni Gulick, as administratrix of the Estate of Larry Gulick, Jr., for injuries sustained by Kristine Gulick as a result of the October 27, 1996 accident. 10. The Policy provides liability coverage, in pertinent part, as follows: A.COVERAGE "GARAGE OPERATIONS" - OTHER THAN COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage' to which this insurance applies caused by an "accident" and resulting from "garage operations" other than the ownership, maintenance or use of covered "autos". "GARAGE OPERATIONS" - COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from "garage operations" involving the ownership, maintenance or use of covered "autos". 11. The Policy defines an insured, in pertinent part, as follows: 1. WHO IS AN INSURED a. The following are "insureds" for covered "autos": (1) You for any covered "auto". (3) Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. b. The following are "insureds" for "garage operations" other than covered "autos": (1) You 501230-1 (2) Your partners, employees, directors or shareholders but only while acting within the scope of their duties. 12. The Policy defines "garage operations" as follows: SECTION VI - DEFINITIONS E. "Garage operations" means the ownership, maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations. "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION I of this Coverage Form as covered "autos". "Garage operations" also include all operations necessary or incidental to a garage business. 13. The Policy limits coverage to covered "autos" that are "Specifically Described "Autos", "Hired "Autos" Only", and "Non-Owned "Autos" Used In Your Garage Business. 14. The automobile operated by Larry Gulick on October 27, 1996 was not a "specifically described auto", "hired auto", or "non-owned auto used in [the] garage business" as set forth in the policy. 27 = SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM SEVEN of the Non-Dealers' and Trailer Dealers' Supplementary Schedule or ITEM NINE of the Dealers' Supplementary Schedule for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to a power unit described in ITEM SEVEN or ITEM NINE). 28 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your employees or partners or members of their household. 29 = NON-OWNED "AUTOS" USED IN YOUR GARAGE BUSINESS. Any "auto" you do not own, lease, hire, rent or borrow used in connection with your garage business described in the Declarations. This includes "autos" owned by your employees or partners or members of their households while used in your garage business. 15. The Policy, at Form CA 20 27 12 93, provides with regard to registration plates not issued for a specific auto. 501230-1 4 16. The vehicle operated by Larry Gulick at the time of the October 27, 1996 accident was not being operated with one of the registration plates set forth in Form CA 20 27 12 93. 17. A prior declaratory judgment action involving the instant parties filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docketed number 97-2889 Civil Term, was answered by Kristine Gulick via Answer, New Matter and Counterclaim against Pennsylvania General Insurance Company. 18. Thereafter, on or about November 12, 1999, Kristine Gulick filed a "Petition of Defendant Kristin [sic] Gulick to Strike Answer and New Matter and For Leave to Discontinue A Minor's Action In the Nature of a Counterclaim" (hereinafter the "Petition to Discontinue"). 19. The Petition to Discontinue contains averments relevant to this coverage dispute, including, but not limited to the following: 21. Several months after Mr. Gulick's death, Petitioners' counsel received a telephone call from an attorney who represented Ms. Jumper in an unrelated dispute with Mr. Gulick's estate. After further inquiry, including a direct telephone conversation with Ms. Jumper, Petitioners' counsel concluded that claims for liability coverage under Mr. Gulick's Pennsylvania General policy, based on assertions that Mr. Gulick did not own the vehicle on the accident date, were no longer tenable and could not be maintained in good faith. 22. Accordingly, after full consultation, Petitioners have authorized and instructed their counsel to file this Petition, in order to withdraw the Answer, New Matter and Counterclaim, and to discontinue the minor's action with prejudice. 20. On December 10, 1999, the Court of Common Pleas of Cumberland County, Pennsylvania discontinued with prejudice Kristine Gulick's counterclaim against Pennsylvania General Insurance Company in the matter docketed at 97-2889. A true and correct copy of such discontinuance with prejudice is attached as Exhibit B". 21. Pennsylvania General Insurance Company is not obligated to provide coverage and/or indemnification and/or defend any parties with regard to the accident of October 27, 1996 501230-1 based on the terms, definitions, provisions, conditions, and exceptions to the Policy, including, but not limited to the following: a. The October 27, 1996 accident did not involve an "insured" pursuant to the terms and definitions of the Policy; b. The accident did not result from "garage operations"; C. The accident did not involve a "covered auto" ; d. Liability coverage is not provided pursuant to the terms and conditions of the policy; and e. The discontinuance as alleged above. WHEREFORE, Pennsylvania General Insurance Company requests that this Honorable Court declare that it is not obligated to provide insurance and/or coverage and/or indemnity and/or a defense to any party with respect to the Underlying Action as a result of the October 27, 1996 accident. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: t 0 q By: Paul R. Walker, Esquire Scott D. McCarroll, Esquire Pa. I.D. Nos. 88714/92985 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7061/(717)237-7131 (717) 237-7105 (fax) pwalker@tthlaw.com/ smccarroll@tthlaw.com 501230-1 6 Paul R. Walker, Esquire Pa. ID#88714 Scott D. McCarroll, Esquire Pa. ID#92985 THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7061 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: : CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 Item one-Policy, producer, and applicant information O Genial Accident Insurance otomac Insurance Company of America 1.ompany of Illinois 2 Policy number G 0227651-00 Policy peri 12:01 A.M. stand.td rime at your mailing a c revs low. From: 10-22-96 To: -10-27-97 Named insured and mailing address (no., street, town, county, state, -rip (ode) Kristin's Auto Sales, Iarry G_ Gulick, Jr_ i Cynthia E_ Jumper 1645 Trindle Road, Cmnberland County, Carlisle, PA 17013 The Camde _ ® Pennsylvania General Insurance As'_Ctafion 3 Insurance Company 9 Form of business - - -- - ? Individual ?Corporation© Pannership? Other ^ Branch Office or General Agent Ba=isburg Agent name Christian-Baker company Agent code 427622 Renewal of policy no. NOW occupation or business of the named insured -- Repair ShOP With Anto Sales In return for the payment-of the premium, and subject to all the terms of this policy, we agree with ynu to provide the insurance as stated in this policy Item two-Schedule of coverages and covered autos This policy provides only those coverages where a charge is shown it the premium column berm. Lash ut those c'oyrrages -I! apply only to those "a'utos" -.shown as covered "autos." "Autos" are shown as covered "autos" (or a particular coverage bf the entry of one or ovm. ni tl••svmbok from the COVF RFD A "- - r Form next to the name of the coverage. - ?1P??A?=IUR¦ A _ GUTErLY- 13 BI m. ONYHLY 0 KIN ?yE PAY 1-3 I E 'S:WBG H mLy I'ernnal Injur: P«trUhn: --?---- (or equivalent No-Fault C ,r r•r,,gc• Adrh-d Personal !nlury Pur f non nl equi,alent Added N. ute... y.-l I•r„1`r'ely i'rnlerli:•n I,?..:::.:r••,• V,ii(higan onl%i Medical Payment, t lnin,med Moto-i, t.lndmil'u,ed A. :rel. included in. ('mn•en^! \t•,: G ira gekeepers ( nnillrehrrsivo Cm crrav- cpe( fined Cau-, w L', • l u„ ... Gameekeeper; Colk.on COVVMPFe Physical Damage Comprehrnsire Cn,r: aCr Physical Damage Sprrified Covcrace t.overeo autos of ,. rt mou• W m,.., mlw,l. -Limit m 1hr (u M!d rsurllc ti,Y Iran r,l :hr• (.,r.,..f?,.r . lrr.n?.l,r,,.,„hrh Ti,e most „•r will !•.tl for an, our a,cidnnl ur I-,. 27, 28, 29 25 25 Each "Accident" "Garage Operalionc"• "Auto" Only (t!L- Thr, rtn'. $_ 1,000,000 ;ri 1,000,000 - Aggwitme -- "G, r.rylr 0l,t.ra 1-,,- othor I1,., -1u1, utie Prrmir••, 5 3,000,000 1,945.0.0 Sepamirly stated in e:r h P.I.f•. -ndo- moral d.-du. t il',lp. C, nartr-ly Ialod ;., r i? rla.lra !' I.t`. , rflo- I•-w -- ti, par wlv d.O rd in Ihe P P i. n•riol.rmlml rnnu.-. - . ._. _ .._.. . ---- 5 de•d'uoihlo fvr v,,, h are idrr,I. S 35,000 (2 DEALER TAGS) _ 84.00 cal Damage - ton Con eetaape - 35,000 (2 DEALER TAGS) 10_00 C ,,n 1• IU, ,limn •: „ . _-- ?- - ---- t ; -^, : p (' C n•avn•ur., dr.•.. .Ai: r .a h Ire 11.1-.. nor:. ,^:I. i.ii - --------- i, ,---.-„nor I.,. ?t.' ., . r!,,,1..; F!a? iru p.r it i_r?.r r. J aahr ,. N!; ??irvl ii:fdnd .. lit 6h .. ,r I. I... ,,. Ii4Hl:r n•l,f c..,lrl?i:TOm:!- r..r .:.. d,•arr r,...r ^r.' ., 'Lr .. .rr ,., ., ra,i+.• dear, am! n.. ?i uh?rs. a;tlplr,rJ,,?6!rn• r,.ur .pr„l.,,, - ,.;rvnc???dld.lrr-ah,n,..,c.mm in, tuts wu ed In n,.., h•rv,r •.a^Calr,:;, s..,. Ni p4-wntan ?rk•. du::. ve: uJ0, an' autrm- h,.:d I n ale h, )um^ dor!en anr' nnn.dra!,vs .A to I (, h ,alU r l rF , e 1 I«e m , S - dwe:! r eh ??_ `r v.s j ?uQ? Rot` AC I»mµrar'4 «rlup 1 ?Ma 1'? ,1,:- n?r ulc ,,,k?, _ ,.. ... (-J SrMrnl TiiriV 3 H: s.t mth }pi ,-? -' .,', x m .'".:.`. +,,:y aF•strmatt;?i STit, _ - - --- - - -- - --- - p:emiur.- ----- .2r039--00_:- I-ndorscr.-•ntc SSE 1007. ATTACHED Thic Decorations Pay ,nc^m^r r.rh the '.nnrnun ref, . , l.l:. •,n ( ,l 'rdr. s -,r ,-,, r .,r l .. _ - - par thereof. , ur.rp!rl , the numb,-;' I'„'u: ,. •r . ,i and p' ;r r , _ .... .. ,r,, .... .l ! .fob, 11-19-96 Camp Hill, PA sab/bsm EXHIBIT _ _ __ u !'?? GENERAL tl r`!? ACCIDFN. '?"'o` INSURANCE Schedule of Forms and Endorsements Foy ,i,t,,c hment to Poli(` number G 0227651-00 Issued to Forms and endorsements made part of this policy at the time of issue (insert numbers and edition dates): IL 0910 (01-81) IL 0246 (09-96) IL 0017 (11-85) IL 0021 (11-85) CA 0180 (08-96) CA 2192 (11-95) CA 2193 (11-95) CA 2516 (07-95) CA 0005 (12-93) -CA 2027 (12-93) P-0079 1.37 Q= COMMERCIAL AUTO CA 00 05 12 93 1101 0 GARAGE COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the Words "you' and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI - DE- FINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows'thei "autos" 26 = OWNED "AUTOS" SUBJECT TO A COM- that are covered "autos" for each of your coverages. PULSORY. -UNINSURED MOTORISTS The following numerical symbols describe the LAW. Only those "autos" you oWn that "autos" that may be covered "autos". The symbols because of the law in the state where they entered next to a coverage on the Declarations des- are licensed or principally garaged are re- ignate the only "autos" that are covered "autos". quired to have and cannot reject Uninsured A. DESCRIPTION OF COVERED AUTO DES- Motorists Coverage. This includes those IGNATION SYMBOLS "autos" you acquire ownership of after the SYMBOL DESCRIPTION policy'begins provided they are subject to the same state uninsured motorists re- 21 = ANY "AUTO". quirement. 22 = OWNED "AUTOS" ONLY On' th 27 = SPECIF r-AL " " y ose "autos" you own (and for Liability Cover- LY DESCRIBED AUTOS . Only those "autos" described in ITEM age any "trailers" you don't own while at- SEVEN of the Non-Dealers' and Trailer tached to. power, units you own). _This Dealers' Supplementary Schedule or ITEM includes those 'autos". you acquire own- NINE of the- Dealers' Supplementary ership of after the policy. begins. Schedule for whicha premium charge is 23 = OWNED PRIVATE PASSENGER "AUTOS" shown (and for, Liability Coverage ariy , ONLY. Only the private passenger "autos" "trailers" you don't own while attached to you own.. This includes those private pas- a power unit described in ITEM SEVEN . senger. "autos" you -acquire. ownership of or ITEM NINE). after the policy begins. 28 = HIRED "AUTOS" ONLY. - Only those 24 = OWNED "AUTOS" OTHER THAN PRI- "autos" you lease, hire, rent or borrow. VATE PASSENGER ".AUTOS? ONLY. This, does not ,include any "auto". you Only those "autos" you own that are not , lease, hire, rent or borrow from any of your of the private passenger type (and for Li- employees or partners or members of their ability Covera a an trailers o d 't households. g y y u on qwn while attached to power units you own). 29 = This includes those "autos" not of the pri- vate passenger type you acquire ownership of after the policy. begins. - , 25 = OWNED "AUTOS" SUBJECT TO .NO-FAULT. Only those "autos" you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those 30 = "autos" you acquire ownership of after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. NON-OWNED "AUTOS USED IN YOUR GARAGE BUSINESS. Any "auto" you do not own, lease, hire; : rent or borrow used in connection with your garage business described in the Declarations. This in- cludes "autos" owned by your employees or partners or members of their households while used in your garage business. . "AUTOS" LEFT WITH YOU FOR SERVICE, REPAIR, STORAGE OR SAFEKEEPING. Any customer's "auto" while left with your "garage operations" for service, repair, storage or safekeeping. Customers include your employees or members of their households who pay for the services per- formed. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 15 0 POLICY NUMBER: G „127651-00 COMMERCIAL AUTO CA 20 27 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REGISTRATION PLATES NOT ISSUED FOR A SPECIFIC AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement effective 10-22-96 Named Insured Countersigned by Kristine's Auto Sales et al SCHEDULE (Authorized Representative) Premiums Description of Plates Liability Personal "Auto" Uninsured Injury Medical Motorists Protection Payments UNDERINS F46-580-1F 706.50 47.00 F46-580-F 706.50 47.00 Total Premiums ! 1,413.00 94.00 (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. This endorsement provides only those coverages where a premium is shown in the Schedule, B. Any "auto" while used with plates described in the Schedule is a covered "auto". i ED CA 20 27 12 93 Copyright, Insurance Services Office, Inc., 1993 13 31 = DEALERS "AUTOS" AND "AUTOS" HELD b. You tell us within 30 days after you acquire FOR SALE BY NON-DEALERS OR TRAILER DEALERS (PHYSICAL DAM- it that you want us to cover it for that AGE COVERAGES). Any "autos" and the' coverage.... C interests in these "autos" described in C. ERTAIN TRAILERS AND TEMPORARY ITEM SEVEN of the Dealers' Supple- SUBSTITUTE AUTOS mentary Schedule or ITEM NINE of the If -Liability coverage -is provided by this Coverage Non-Dealers' and Trailer Dealers' Supple- Form, the following types of vehicles are also mentary Schedule. -• .' covered "autos" for Liability Coverage: - B. OWNED AUTOS YOU ACQUIRE AFTER THE 1ij "'Trailers' with a load capacity of 2,000 POLICY BEGINS' pounds or less designed primarily for travel 1. If symbols 21, 22, 23, 24, 25, or 26 are en- on public roads. F tered next to a coverage in ITEM TWO of the 2. Any "auto" you do not own while used with Declarations, then you have- coverage for " ' the permission of its owner as a temporary autos" that you acquire of the type described L z substitute for a. covered "auto" you own that for the remainder of the policy.period. Js out of. service because of its: 2. But, 'if symbol 27 is entered next to a coverage a. Breakdown;. in ITEM TWO of the Declarations, an "auto" b. 'Repair; youIacquire will be a covered "auto" for that = coverage only if:.- c. Servicing; a., We already coverall "autos" that you own - d..• "Loss"; or ?, - for. that coverage or. it replaces an "auto" e. Destruction.. you previously owned that had that cov- erage; and SECTION 1i - LIABILITY COVERAGE., A. COVERAGE We will. also pay all. sums an "insured" legally "GARAGE OPERATIONS" - OTHER THAN must pay as a "covered pollution cost or expense" COVERED "AUTOS' to which this insurance applies, caused by an We will pay all' sums" an "insured" legally must "accident" and resulting from. "garage operations" - pay, as damages because of "bodily injury" or -involving the ownership, maintenance or use of ' " " property damage",' to` which this`: insurance ap- ,covered autos . However, we will 'only pay for ' " plies caused by an "accident" and resulting from the covered pollution cost of expense" if there ' " " - garage ' operations other than the ownership, i " " is either bodily injury or "property damage" to which this insurance applies that' is caused b the ma ntenance or.use of covered autos . _ y " same accident" • ? - - ? • We have- the right and duty to, defend any "in- in d" " " . , We have the right and duty to defend an "in- sure aga st a 'suit asking for these damages. However; we have no duty to defend any "in- y sured"' against a "suit" asking-for such damages " - ; sured" against a "suit" seeking damages for of a covered pollution cost or expense". How- ` "bodil " or y .;injury" damage". to which " ever, we have no duty to defend any "insured" this insurance doesmot apply. We may investigate against a suit seeking damages for "bodily in- " "' " -and settle any .claim!or `",suit" as we consider ap- jury -or property damage or •a "covered pol- " lution cost or expense to which this insuran propriate. Our duty to defend or settle ends when the applicable Liability Coverage Limit of Insur-' ce does not apply. We may investigate and settle any " " " ante - Garage Operations'.. - Other Than Cov- " claim or suit as we consider appropriate. Our duty to defend or settle ends when the Liabilit ered "Autos. has been exhausted by -payment of judgments or settlements y Coverage Limit of Insurance -. "Garage Oper- . "GARAGE - OPERATIONS" - COVERED ations". - Covered "Autos" has been exhausted ,. by payment of judgments or settlements. "AUTOS" We will pay all sums an "insured" legally -must pay as damages because of "bodily injury" or "property damage' to which this insurance ap- plies, caused by an "accident" and resulting from " r ` garage operations" involving the' ownership, L 1 maintenance or use of covered "autos". Page 2 of 15 Copyright, Insurance Services Office, Inc., 1993 CA 00 05 12 93 O 1. WHO IS AN INSURED (1) You. , a. The following are "insureds" for covered "autos": _ (2) Your partners, employees, directors or (1) You for any covered "auto". shareholders but only while acting within the scope of their duties. (2) Anyone else while using with your 2. COVERAGE EXTENSIONS permission a covered "auto" you own, hire or borrow except: it. Supplementary Payments. In addition to (a) The ow the Limit of Insurance, we will pay for the " " ner or anyone else from insured : whom you hire or borrow a covered " " (1) All expenses we incur auto . This exception does not ap- . ply if the covered "auto" is a "trailer" (2) UP to $250 for the cost of bail bonds connected to a covered "auto" you (including bonds for related traffic law own. violations) required because of an "ac- " (b) Your employee if the covered "auto" cident" we cover. We do not have to is owned by that employee or a furnish these bonds. member of his or her household. (3) The cost of bonds to release attach- (c) Someone using a covered "auto" ments.in any "suit" we defend, but only for bond amounts within our Limit f l while he or she is working in a business of selling servicin re- o Insurance. - ' , g, pairing, parking or storing "autos" (4) All reasonable expenses incurred by the unless that business is your "garage insured" at our request, including ac- operations". tual loss of earnings up to $100 a day (d) Your customers, if your business is because of time off from work. shown in the Declarations as an (5) All costs taxed against the "insured" in "auto" dealership. However, if a any "suit" we defend. customer of.yoUrs: (6) All interest on the full amount of any (i) Has no other available insurance Judgment that accrues after entry of the (whether primary, excess or judgment in any "suit" we defend; but contingent), they are an "in- our duty to pay interest ends when we sured" but only up to the com- have paid, offered to pay or deposited pulsory or financial responsibility in court -the part of the.judgment that law limits where the covered is within our Limit of Insurance. "auto" is principally _gara"ed. b. Out-of-State Coverage Extensions (ii) Has other available insurance While a covered "auto" is away from the (whether . primary, excess or state where it is licensed we will: contingent) less than • the com- pulsory or financial responsibility (1) Increase the Limit of Insurance for Li- law limits where the covered "auto" i ability Coverage to meet the limits specified by a compulsory or financial s principally garaged, they are an "insured" only for the responsibility law of the jurisdiction amount by which the compul- where the covered "auto" is being used. Thi sory or financial responsibility law limits "exceed the limit of s extension does not apply to the limit or limits specified by any law their other insurance. = governing motor carriers of passengers (e) A partner of yours fora covered "auto" owned by him or her or a or property. (2) Provide ' the minimum amounts and member of his or her household types of other coverages, such as no- . (3) Anyone liable for the conduct of an " " fault, required of out-of-state vehicles by the jurisdiction where the covered insured described above but only to "auto" is being used. the extent of that liability. + We will not pay anyone more than once b. The following are "insureds" for "garage for the same elements of loss because operations" other than covered "autos": of these extensions. CA 00 05 12 93 Copyright, Insurance Services Qffice, Inc., 1993 Page 3 of 15 ? B. EXCLUSIONS This insurance does not apply to any of the fol- lowing: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". But for "garage operations" other than covered "autos" this exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or prop- any._ 2. CONTRACTUAL Liability assumed ' under any contract or agreement. But this exclusion does not apply .to liability for damages:- a. Assumed in a contract=or agreement that is an "insured contract" provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the ,_..contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may, be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the .",insured arising out of and in the course of.employm_ ent by the "insured"; or b. The spouse, .child, parent, brother or sister - of that employee as a consequence of paragraph a. above. c. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employ- ment; or , (3) Employment-related practices, policies, acts. or omissions,, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hu- miliation or discrimination directed at that person; or d. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above as di- rected. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not. apply to "bodily injury,' to domestic employees not entitled :to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". 6. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of - the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" .'involving: a: Property owned, rented or occupied by the "insured"; b. Property loaned to the "insured"; c. Property held-for sale or being transported by the "insured°; or .. d. Property in the_ "insured's" care, custody or control. -,But this exclusion does not apply to liability assumed under-a sidetrack agreement. 7. LEASED AUTOS ` Any covered "auto`while leased or rented to .others. But this exclusion does not apply to a covered "auto" you rent to one of your cus- tomers while their "auto" is left with you for service or repair. . 8. POLLUTION EXCLUSION APPLICABLE TO, "GARAGE OPERATIONS" - OTHER THAN COVERED "AUTOS" "Bodily injury", "property damage" or loss, cost or expense arising out of the actual, al- leged or threatened , discharge, dispersal, seepage,. migration, release or escape of "pollutants": rt r. a. At or from any premises, site or location that is pr was at,any time owned or occu- pied by, or rented or loaned to., any "in- sured"•'. r b. At or from any premises, site or location that is or was at any time used by or for any "insured" or others for the handling, storage; disposal, processing or treatment of waste; Page4 of 15 Copyright, Insurance Services Qffice, Inc., 1993 CA 00 05 12 93 ? 0 E c. At or from any premises, site or location on which any "insured" or any contractors or subcontractors working directly or indi- rectly on any "insured's" behalf are per- forming operations: J (1) To test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way resporid to, 'or assess the effects of the 'poll'utants"; or (2) If the "pollutants" are brought on or to the premises, site or'location in con- nection with such .operations by such "insured", contractor or subcontractor; or •'f, ?l h: d. That are or were :at any, time transported, handled, stored, ,,treated,- disposed of, or processed as waste by or. for any, "insured" or any person or ;organization for whom you may be legally 4sponsible.,' ``'``; Loss, cost or expense- means those result- ing from any: (1) Request, demand or order that.the "in- sured" or others test for, monitor, clean up, remove,, contain,,;treat,..detoxify or neutralize, or in any way respond to, or assess the effects gf "pollutants"; (2) Claim or "suit:" -by' or' on behalf of a governmental 'authority for damages because of testing for,. ;-monitoring, cleaning up, removing, ..containing, treating, detoxifying or neutralizing, or 4n. any way responding to or Assessing ..the. effects. of "pollutants".: . Paragraphs a. and c.(2) do not apply to "bodily'injury" or 'property damage" aris- ing out of heat, 'smoke , or-.fumes -from a hostile fire. In this exclusion, a hostile fire means one that. becomes-uncontrollable, or breaks out from where it was intended to be. 9. POLLUTION EXCLUSION APPLICABLE TO "GARAGE OPERATIONS"' = COV- ERED "AUTOS" -.,,n "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of "pollutants": a. That are,. or- that" ?qie`-iontained in any property that is: (1) Being transported or towed by, han- dled, or handled for movement into, onto or from, the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed -in or upon the covered "auto", Y TIEC - =: b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants pi are: contained are moved from 'the covered "auto" to the place where they: are finally delivered, dis- _rr posed of or abandoned by'the "insured". ne . Paragraph a. above does not -apply to fuels, lubricants, fluids, exhaust gases or other simi- lar "pollutants" 'that are needed for or result eY from the normavelectrical, hydraulic or me- `chanical functionhigtof the covered "auto" or '° its parts, if the'"pollutants" escape, seep, mi- n'r grate, or are discharged; dispersed or released directly from an - "auto" part designed by its manufacturer toboid,,store, receive or dispose of such "pollutants". yL" .1.; ci i ,... , _ Paragraphs b. and. c. above of this exclusion do not apply.to. "accidents"- that occur away _from premises owned by or rented to an 'in- C. .4• sured" with;respect to "pollutants" not in or upon a covered;auto if, (1) The "pollutants" -or any property in which the!l"pollutants" are contained are upset, overturned or damaged as a result- of:the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration,-4 qlease or -.escape of the •c "pollutants" is caused directly by such upset, overturn or damage. ziri-10. RACING Covered "autos -while used in any profes- sional or organized racng' or demolition con- test or stunting activity,- or'while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. n -11. WATERCRAFT OR AIRCRAFT Any watercraft or aircraft except watercraft while ashore on premises where you conduct "garage operations". 12. DEFECTIVE PRODUCTS "Property damage" to'any of your "products", if caused by 'a defect existing in your "pro- ducts" or any part of your "products", at the time it was transferred to another. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 5 of 15 C 13. WORK YOU PERFORMED "Property damage" to "work you performed" if the "property damage" results from any part of the work itself or-from the parts, materials or equipment used in connection with the work. 14. LOSS OF USE Loss of use of other property, not physically damaged if caused by: a.. A delay or failure by you or anyone acting on your, behalf to perform a contract or agreement in accordance with its terms. b. A defect, deficiency, inadequacy or dan- gerous condition in your. -"products" or "work you performed". But this exclusion, 14.b., does not apply if the loss of use was caused by :sudden and accidental damage to or. destruction of your "products" or "work you performed" after they have been put to their intended use..- 16. PRODUCTS RECALL ' Damages claimed for ariy loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of your "products" or "work you performed" or other property of which they `'form a part, -if such product, work or property is withdrawn or re- called from the market or from use by any person or organization. because of a known or suspected defect;-,- deficiency, inadequacy or dangerous condition in it. 16. WAR .•r.:: ,. "Bodily injury" or "property damage" due to war, whether''& not declared, or any act or condition incident'to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. 17. LIQUOR LIABILITY "Bodily injury'" or '"property damage" for which an "insured" may be' held 'liable by reason of: a. Causing or contributing to the intoxication of any person;. b. The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or c. Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you use the premises in part for the following purposes: (1) Serving or furnishing alcoholic beverages for a charge whether or not such activity: (a) Requires a license; or (b) Is for the purpose of financial gain or livelihood; or (2) Serving . or furnishing, alcoholic -, beverages without a charge, if a license is required for-such activity. C. LIMIT OF INSURANCE 1. AGGREGATE LIMIT OF INSURANCE - "GARAGE'- OPERATIONS" OTHER THAN COVER ED;"AUTOS For "garage operations" other than the own- ership, maintenance or use of covered "autos", the following applies: Regardless df the number of ` "insureds", claims made or "suits" brought or persons or organizations 'making : claims or bringing "suits", the most we will pay for the sum of all damages involving "garage operations" other than "euto" is the 'Aggregate Limit of Insurance - "Garage Operations" - Other Than Covered "Autos" for Liability-Coverage shown .-in the Declarations. Damages payable under the Aggregate Limit of Insurance - "Garage Operations" - Other Than Covered "Autos" consist of damages re- ' suiting from "garage operations", other than the ownership, maintenance -or use of the "autos" indicated in SECTION :I of this Cov- erage Form as covered "autos",-including the following coverages,. if provided by endorse- ment: a, "Personal injury" liability coverage; b. "Advertising injury" liability coverage; c. Host liquor liability coverage; d. Fire legal liability coverage; . e. Incidental medical malpractice liability :,-coverage;:, 1.:Non-owned watercraft coverage; g. Broad form p1roducts 'coverage. Damages payable under the Each "Accident" Limit of Insurance - "Garage Operations" - Other Than Covered "Autos" are not payable underthe Each "Accident" Limit of Insurance - "Garage Operations" - Covered "Autos". • l 0. Page 6 of 15 Copyright, Insurance Services Qffice, Inc., 1993 CA 00 05 12 93 ? 0 2. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and ... "covered pollution cost or expense" com- bined, resulting from any one "accident" in- -volving a ;covered 'auto" is the Each "Accident" Limit of Insurance - "Garage Op- erations" Covered "Autos" for Liability Cov- erage shown in the Declarations. Damages and "covered pollution cost or ex- pense" payable, under the Each "Accident" Limit of Insurance - "Garage Operations" - Covered "Autos' are not payable under the Each "Accident" Limit of Insurance - 'Garage Operations" - Other Than Covered "Autos". All "bodily injury", "property damage" and 'covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions -will be considered as resulting from one "accident".. No one will be entitled • to receive duplicate payments for the same elements of "loss" un- der this Coverage Form and any Medical Payments Coverage'endbrsement, Uninsured Motorists - Coverage - , endorsement or Underinsured Motorists Coverage endorse- ment.attached to this Coverage Part. D. DEDUCTIBLE We will deduct $100 from•the damages in any "accident" resulting from "property damage" to an "auto" as a result of "work you performed" on that "auto. - ' SECTION III - GARAGEKEEPERS COVERAGE - A. COVERAGE .? ` :...., _ ,,, b. Specified Causes- of Loss Coverage. 1. We will pay all sums the , 'insured*.- legally Caused by: must pay as damages for, "loss" to a'covered (1) Fire, lightning or explosion; "auto" or "auto" equipment left in the "in- while the "insured" is attending, (2) Theft; or servicing, repairing, parking or storing it in (3) Mischief or vandalism. your "garage operations" under: c.. Collision Coverage. Caused by: a. Comprehensive Coverage. From any cause (1) The covered "auto's" collision with an- except: other object; or, (1,) The covered "auto's" collision with an- (2) The covered "auto's" overturn. other object; or - (2) The covered "auto's" overturn. J Subject to the above, the most we will pay for all damages resulting from all "bodily injury" and "property damage". resulting from any one "accident" is the Each "Accident" Limit of In- surance - "Garage Operations" Other Than Covered "Autos" for Liability Coverage shown in the Declarations. - All "bodily injury" and "property damage" re- sulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". The Aggregate Limit of Insurance Z 'Garage Operations' Other Than Covered "Autos" ap- plies separately to each consecutive annual period and to any remaining period of less than 12 months,, starting with the beginning of the policy period shown. in.the Declara- tions, unless the policy period is extended af- ter issuance for an additional period of less than 12 months. 'In that case, the additional period will be deemed part of the last preced- ing period for' purposes of determining the Aggregate Limit of Insurance "Garage Op- erations" - Other Than Covered "Autos". LIMIT OF INSURANCE ."GARAGE OP- ERATIONS COVERED "AUTOS" For "accidents" resulting from "garage oper- ations" involving the ownership, maintenance or use of, covered "autos", the following ap- plies: - _ , .... ?- : :. . rn - , _ CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 7 of 15 ? 2. We have the right and duty-to defend any "insured" against a "suit" asking for these damages. However, we have no duty to de- fend any "insured" against a "suit" seeking damages for any loss to which this insurance _ does not apply. We may, investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends for a cover- age when the Limit of Insurance for that cov- erage has been exhausted by payment of judgments or settlements. 3. WHO IS AN INSURED ?,- The following are, "insureds" for ;"loss" to covered "autos": a. You. b. Your partners, employees; directors or shareholders while acting within the scope of their duties as such. 4. COVERAGE EXTENSIONS Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "in- sured": a. All expenses we-incur. b. The cost of bonds to release attachments in any "suit" we defend, but'only for bond amounts within our Limit of Insurance. c. All reasonable expenses incurred-by the "insured" ;at our request, including actual loss of earnings up to $100 a day because of time off from work. d. All costs taxed against the "insured" in any "suit" we defend. e. All interest on the. full amount of any ?. judgment that accrues after entry of the " judgment in any "suit" we defend; but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. B. EXCLUSIONS 1. This insurance doe's 'not apply to any of the following: : . ' . a. Contractual Obligations. Liability resulting from any agreement by which the "insured" accepts responsibility for "loss". b. Theft. "Loss" due to theft or conversion caused in any way by'you, your employees or by your shareholders. - c.-.Defective.Parts. ,.- ;`, ;• Defective parts or materials:,, d. Faulty Work. L .:.. Faulty "work you performed". 2. We will not pay for "loss' to any of the fol- lowing: . ai Tape decks or tether -sound; reproducing equipment unless permanently installed in = a covered "auto":,•n - b; Tapes, records or other sound reproducing devices-`designed for use'with sound re- ',-producing equipment: c. Sound receiving. equipment designed for _?;,;; • use as a citizen' band radio, two-way mobile radio or telephone or scanning monitor -receiver,' including its antennas L: and other eccessories,.unless permanently installed in-;hi dash:;or console opening normally used by_the ,",auto" manufacturer for the installation of a radio. d. Equipment designed or used for the de- tection orlocation of radar; C. LIMIT OF INSURANCE AND DEDUCTIBLE 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or "suits" brought, the most we will pay for each "loss" at each location is the Garagekeepers Coverage Limit of Insurance shown in the L Declarations #or that location minus the ap- plicable deductibles for "loss" caused by col- lision, theft or mischief or vandalism. 2. The' maximum deductible stated in the Decla- rations for Garagekeepers Coverage Compre- hensive or Specified Causes of Loss Coverage is the most-that will be deducted for all "loss" in any one event caused by theft or mischief or vandalism. 3. Sometimes to settle a claim or "suit", we may pay all or any part of the deductible. If this happens you must reimburse us for the deductible or that portion of.the deductible that we paid. *1 lei A Page a of 15 Copyright, Insurance Services Office, Inc., 1993 CA 00 06 12 93 0 SE CTION JV_- PHYSICA L DAMAGE COVERAGE A. COVERAGE •' 1. We will pay for "loss" to a covered "auto" or ..,• :_?:• . 7 4. Coverage Extension. If your business is shown in the Declarations as somethin th h its equipment under: g o er t an an "auto" dealership, we will pay up to $15 a. Comprehensive Coverage. From any cause per day to a maximum of $450 for transporta- i except: - t on expense incurred by you because of the (1) The covered "auto's" collision with an- total theft of a covered "auto" of the private a ' other object;. or p ssenger type. We will pay only -for 'those covered, "autos" for which' ou" carr ith (2) The covered "auto's" overturn. y y e er Comprehensive 'or Specified Causes of Loss b. Specified ;Causes of Loss Coverage Coverage. We will pay for transportation ex- . Caused by: _ .. penses incurred during the period beginning (1) -Fire, lightning or explosion; ' 48 hours after the theft and ending, regardless -of the policy's. expiration, when the covered (2) Theft; "auto".ris returned to use or we, pay for its " ,- (3) Windstorm, hail or earthquake; loss". (4) Flood; - B. EXCLUSIONS - (5) Mischief or vandalism; or 1.; We will not pay for "loss" caused by or re- (6) The sinking, - burning, ':collision or sulting from any of the following. Such "loss" is excluded regardless of any other cause or i derailment , of any conveyance trans- porting the covered "auto". event that contributes concurrently or in any sequence to the "loss".: ; c. Collision Coverage. Caused by: a. Nuclear Hazard. (1) The covered "auto's" collision with an- {1) The explosion of any weapon employ- other object; or _ ing atomic fission or fusion; or (2) The covered 'auto's". overturn. .-(2) Nuclear reaction or. radiation, or radio- 2. Towing - Non-Dealers Only:' active contamination, however caused. If your business is shown in the Declarations b• War or Military Action. - as something other than an "auto" dealership, (1) War, including undeclared or civil war, we will pay up to the limit s`hown'in the Dec- . larations for towing and labor cost i d . (2) Warlike, action ?by a military force, in- s ncurre each time a covered "auto" of the private p _ ?cluding action iris hindering or defend- i passenger type is disabled, However, the labor must be perf rm d ng against an actual or expected attack, by any government sovereign ::. o e : at .: the place of .disablement. ' , or other authority using military per- 3. Glass Breakage---Hitting a Bird or Ani- sonnel or other agents; or _ " mal -Falling Objects or Missiles (3) Insurrection,' rebellion, " revolution, . If you carry Comprehensive Coverage for the - usurped power or action taken by gov- ernmental authority in hindering or de- damaged covered "auto%.we'.will pay for the following under Comprehensive Covera fending against any of these. ge: a. Glass breakage; 2. We will not pay for "loss" to any of the fol- lowing: b. "Loss" caused by hitting a bird or animal; a. Any covered "auto" leased or rented to and others unless' rented" to one of your cus- c. "Loss" caused bjr falling objects or mis- tomers while their "auto" is left with you siles, for service or repair. , However, you have the option of having glass b. Any covered` 'auto" while used in any breakage caused by a covered "auto's" colli- professional or organized racing or demo- sion or overturn considered a "loss" under _ lition contest or stunting activity, or while Collision Coverage. practicing for such contest or activity. We will also not pay for "loss" to any covered " auto" while that covered "auto" is being prepared for such contest or activity. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 9 of 15 ? c. Tapes, records, discs or other•similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. d. Equipment designed or used for the de- tection or location of radar.. _ e. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives .or transmits audio, visual or data signals and that is not de- signed solely,, for 'the reproduction of . sound. :: • . , ... ? . . f. Any accessories used with -the .electronic equipment described :in paragraph e. above. Exclusions 2.e. and 2.f. do not apply to: a. Equipment designed solely for the reprod- uction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss* or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered ."auto"; or, b. Any other electronic`equipment that is: (1) Necessary, for.the normal operation of - .the covered :"auto" or the monitoring of the covered "auto's"operating sys- tem; or (2) An integral part of,the same unit hous- ing any sound reproducing equipment i described in a. above and permanently installed in the opening of the dash or console of the.covered "auto" normally used by the. manufacturer for installa- tion of a radio. 3. False Pretense. We will not pay for "loss" to a covered "auto" caused by or resulting from: a. Someone .causing you to voluntarily part with it by 'trick or scheme or under false pretenses; or b. Your acquiring an "auto" from a seller who did not have legal title. 4. If your business is shown in the Declarations as an "auto" dealership, we will not pay for: a. Your expected profit. b. "Loss" to an,y covered '"auto" displayed or stored at any location not shown in ITEM THREE of the Declarations if the "loss" occurs more than 45 days after your use of the location begins. c. Under the Collision Coverage, to any cov- ered "auto" while being driven or trans- ported from the, point of purchase or distribution to its destination if such.points are more than 50 road miles apart. d. ' Under the Specified Causes of Loss Cov- erage, to "loss" to any covered "auto" caused by or resulting from the collision or upset of any vehicle transporting it. 6. Other Exclusions. i-. We will not pay for "loss" caused by or re- sulting from any of the 'following unless caused.by other *loss" that is covered by this insurance: a. Wear and tear, freezing,, mechanical or . electrical breakdown;- - - b. Blowouts, punctures or other road damage to tires. C. LIMITS OF INSURANCE:.;: 1. The m it-we will pay for "loss" to any one covered "auto" is the lesser of: a. The aciual casfi value of the damaged or stolen property as of the time of "loss"; or b. The cost of repairing .Ior replacing the damaged or stolen property with other property of like kind and quality. 2. For those businesses shown in the Declare- ,4• aions' as, "auto" dealerships, the following provisions also. apply: a. Regardless of the number" of covered -"autos" involved in the "loss", the most we will pay for all "loss" at any one lo- cation is -the amount shown in the Auto Dealers Supplementary Schedule for that location,, Regardless of the number of covered "autos" involved in the "loss", the most we will pay for all "loss" in transit is the amount -shown in the Auto Dealers Supplementary' Schedule for "loss" in transit. b. Quarterly or Monthly Reporting Premium n ^ Basis. If, on the date of your last report, the actual value of the covered "autos" at the ,._., "Joss" location. exceeds what you last re- ported, when a "loss" occurs. we will pay only a percentage of what we would oth- erwise be'obligated to pay. We will deter- mine this percentage by dividing your total reported value for the involved location by the value you actually -had on the date of your last report. •r, ?r `J Page 10 of 15 Copyright, Insurance Services Qffice, Inc., 1993 CA 00.05 12 93 ? ?. If the first report due is delinquent on the date of "loss", the most we will pay will not exceed 75 percent of the Limit of In- surance shown in the Auto Dealers Sup- plementary Schedule for the applicable location. c. Non-Reporting Premium Basis. `If, when "loss" occurs, the total value of your cov- ered "autos" exceeds the Limit of Insur- ance shown in the Declarations, we will pay only a percentage of what we would otherwise be obligated to pay. We will determine this percentage by ,dividing the limit by the total values you actually had when "loss" occurred. D. DEDUCTIBLE A' For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by :the 'applicable deductible shown in the Declarations provided that: - 1. "Auto" Dealers Only Special Deductible Provisions. If your business is shown in the Declarations as an "auto" dealership: a. The Comprehensive or Specified Causes of Loss Coverage deductible applies only to "loss" -caused by theft or mischief or vandalism. - b. Regardless -of the - number of covered "autos" damaged or stolen, the per "loss" deductible for Comprehensive or Specified Causes of Loss Coverage shown in the Declarations. is the maximum deductible applicable for 'all "loss" in. any one event caused by any "theft'o' ' mischief or vandalism. 2. Non-Dealers "Only Special Deductible Provisions. If your business is shown in the Declarations as something other than an "auto" dealership, the Com rehe i -C p nave overage deductible does not apply to "loss" caused by fire or lightning. -SECTION V - GAR AGE CONDITIONS r The following conditions app y in addition, to the Common Policy Conditions: 3 l 2., DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS A. LOSS CONDITIONS 1. APPRAISAL' FOR PHYSICAL DAMAGE a. In the event of "accident", claim, "suit" or "loss..", you must give us or our authorized LOSS J -representative prompt notice of the acci- If you and we disagree ' on the `amount of dent,or "loss". ,Include: '. , ' ; "loss", either may demand an appraisal of the " " (1) How* when and where they"accident' ' loss . In this event, each party will select a . - orNo ss".occurred; ' competent appraiser. The two appraisers will select a competent and impartial um ire (2) The "insured's" name and address; and p . The appraisers will state separately the actual „_ -• . •,.. _ " (3) To the extent possible, .the names, and cash value and amount of "loss". If they fail addresses of any injured persons and i to agree, they will submit their differences to w tnesses. ` the umpire: A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. - If we submit to an appraisal, we will still retain our right to deny the claim. b. Additionally, you and any other involved "insured" must: , • - :.-•. • (1) Assume no obligation, make no pay- --mentor incur no expense without our consent; except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit" (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit" CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 11 of 15 0 (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination at•our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the cov- ered "auto" or any.Df its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from 'further damage. Also keep a record of your expenses for consideration. in the settlement of the claim. (3) Permit us to inspect the covered "auto" and" records proving the "loss" before its repair or disposition. (4) Agree to .examinations under oath at our request'and give us a signed state- ment of your answers. 3. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Form until: a:` There has been'full compliance with all the terms of this Coverage Form;`and b. Under Liability Coverage-, we agree in writing that the "insured" has an obligation to pay or until the amount 'of that obli- gation has finally been" determined by judgment after trial. No one has the right under this policy to bring' us-into an action to determine the "insured's" liability. 4. LOSS PAYMENT-; PHYSICAL DAMAGE COVERAGES_,, ,c At our option we may: a. Pay for, repair or replace damaged or sto- len property; :: _ 17, e- b. Return the stolen property,-at our expense. We will pay for,any damage that results to - -the "auto" from-the theft; or c. Take all or any part of the damaged or stolen property at.an.,agreed or appraised value. .:: , ,,,. 5. TRANSFER OF RIGHTS 'OF RECOVERY AGAINST OTHERS TO US If any person or organization to odor whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. .B. GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or _ the "insured's" estate will not relieve us of any obligations under this Coverage Form. .2, CONCEALMENT, MISREPRESEN- TATION OR FRAUD _ - This Coverage Form is void in any case of fraud 'by you at any time as it relates to this ' Coverage Form. It is..also void if you or any other,. "insured";' et 'any time', 'intentionally - conceal dt"misrepresent' a material fact con- }" earning: ?,. .,. a. This Coverage Form- lb. The covered "auto"; c: Yo_ :ur.16te'rest in the covered "auto or,- . ?. d. A claim under this Coverage Form. ' 3., LIBERALIZAT10N If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision. Ti effective in your state. 4: NO: BENEFIT_TO BAILEE PHYSICAL DAMAGE COVERAGES r, We will not recognize ariy assignment or grant ..any coverage for the benefit of. any person or organization holding, storing or,transporting property for a fee regardless of any other pro- vision of this Coverage Form, 6_0THER INSURANCE, ,,. ' a. -For - any covered "auto'"' you own, this Coverage Form provides' primaryinsur- ance. For any covered; ".auto", you don't own, the insurance provided by,,this Cov- erage Form .is excess over., any other collectible., insurance.. However, while a covered "to"..which is. a "trailer" is con- nected to another vehicle, the Liability Coverage this Coverage form provides for i::.. _ . the "trailer";is::-. : n, ! r... C c (1) Excess while it-is` COnnecte-a'to a motor vehicle,you do not own;.,= s: (2) Primary while it is connected to'a cov- ered "auto" you own. b. For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 0 0 0 Page 12 of 15 Copyright, Insurance Services Office, Inc., 1993 CA 00 05 12 93 O >f c. Regardless of the provisions of- paragraph during the policy period shown in the Decla- a. above, this Coverage Form's Liability rations and within the coverage territory. coverage is primary for any liability as " The coverage territorA is: •- t ?, . sumed under an "insured contract d. When this Coverage Form and any other "°a. The United States of America; Coverage Form or policy covers on the b. The territories and possessions of the same basis, either excess or' primary, we United States of America; ?. will pay only our share. Our share is the c. Puerto Rico; and proportion that the Limit of Insurance of _ d. Canad_. Z-, ° •-: d our Coverage Form bears to the total of the , e . ( ?j limits of all the Coverage Forms and poli- We also'co' W'bodily injury";'property dam- cies covering on the same basis. - ::, age", ";covered. pollution cost or expense" and PREMIUM AUDIT 6 -!'Iosses":-while -a covered "auto" is being . transported between any of these places. a. The estimated premium for this Coverage _! -, J- The coverage territory is extended to any- Form is based on the exposures you told where in the world if. the "bodily injury" or us you would have when this policy be- by one of your ~property damage".pis„caused gan. We will compute the final premium , „ products which-is;sold fgr use in the United due when we determine your actual expo- States of-;America,;•its :territories- or pos- ? sures. The estimated total premium will •• - or Canada. The original sessions,. Puerto Rico . be credited against the final premium due _ „ " - " such bodily suit for damages resulting and the first Named Insured will be billed , injury" or-"property damage'' must be brought for the balance, if any. If the estimated - in one of.theseplaces total premium exceeds the final premium _, due, the first Named Insured will get a re- '$: TWO OR MORE-COVERAGE FORMS OR fund. POLICIES ISSUED BY US - - ?' b. If. this policy is issued for more than one If this Coverage Form and any other Coverage . year, the premium for this Coverage Form Form of policy issued to you by us' or any will be computed annually based on our company affiliated with us apply to the same rates or premi'um's in effect at 'the begin- "accident", the aggregate maximum Limit of ning of each year of the policy ` Insurance under- all the Coverage Forms or : _ 7. POLICY PERIOD COVERAGE TERRI- policies shall not exceed the highest applica- , TORY ble Limit of Insurance under any one Cover- ' This condition does not age Form -o?. policy- Under this Coverage Form, we cover: r apply to any overage Form or policy issued a. "Bodily injury", "property damage" and .by us or an affiliated company specifically to "losses" occurring; and . , apply as excess insurance ,over this Coverage i, p Form. ense" aris- b. "Covered pollution cost or. ex - L; ing out of ."accidents" occurring 3F : e ,;. SECTION VI - DEFINITIONS _ _ .... - ...., A. "Accident" includes continuous or repeated ex- that the "insured" or others test for, - monitor, posure to the same conditions resulting in "bodily -clean up, remove, contain, treat, detoxify or neu- injury"_.or "property damage".. T tralize, or in any way respond to, or assess the B. "Auto" means a land motor vehicle, trailer or effects of "pollutants": n c ; _, F semitrailer. "Covered pollution cost or expense" does riot in- C. "Bodily injury" means bodily injury, sickness or elude any cost or expense' arising out of the ac- disease sustained by a person including death tual, alleged or threatened discharge, dispersal, - ' resulting from any of these. -ielease or escape of seepage, migration, " "pollutants": D. Covered pollution cost or expense means any or' that are -contained in any a. That are cost or expense arising out of: , property that is: 1. Any request, demand or order; or • 1. Being transported or towed by, han- 2. Any claim or "suit" by or on behalf of a gov- dled, or handled for movement into, ernmental authority demanding onto or from the covered "auto"; CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 13 of 15 2. Otherwise in the course of transit by or on behalf of the "insured"; 3. Being stored, disposed of, treated or processed in or upon ,.the covered "auto"; or _ b. Before the "pollutants" or any. property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or . c. After the "pollutants" or any property in which the "pollutants" are contained are - moved from the covered "auto" to the place where they are finally delivered, dis- posed of or abandoned, by the, "insured". -,-Paragraph a. 'above does not apply to fuels, lubricants, fluids, exhaust gases or other simi- lar "pollutants" that are-needed for or result from the normal electrical, hydraulic-or me- chanical functioning of the covered "auto" or ' its parts, if the "pollutants" escape, seep, mi- grate, or are discharged ',dispersed or released directly from, an-".auto"'.part designed by its manufacturer to hold-store, receive or dispose of such "pollutants" _ Paragraphs b. and c. above do not apply to - "accidents" that occur away from premises owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which -the 'pollutants"' are contained are upset, overturned or damaged as a result of -the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Garage operations" means . the ownership, maintenance or use of locations for garage busi- ness and that portion of the roads or other ac- cesses that adjoin these locations. "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION I of _,this Coverage Forrp as covered 'autos "Garage operations" also include all operations necessary or incidental to a garage business. F. "Insured". means any person or organization qualifying as an insured in ..the Who is an Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. G. "Insured contract" means: 1, A lease of premises; 2. A sidetrack agreement;,:;;; 3. Any easement or license agreement, except in connection with. construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work. for a municipality; 6. That part of any ?other' contract or agreement pertaining to your garage business (including an indemnification ?of'a municipality in con- nection with. work performed for a munici- pality) under. ?which_ youu ;assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or or- c ganization. Tort liability means a liability that would be imposed ..by law in the absence of any contract or agreement; , 6. An elevator maintenance agreement; That part of any contractor agreement entered -into, as part of y6ur,garage business, pertain- ing to the rental or Tease, by you or any of your employees, of any ."auto". However, such contract or agreement shall not be considered an "insured contract''To the extent that it ob- ligates you or any'of your employees to pay flt.':? a property damage" `Wany "auto" rented or leased by you or any 'of your employees. An insured contract does not include that part of any contract or agreement: 1. That indemnifies-46- architect, engineer or surveyor for injury or damage .arising out of: a. Preparing, approving^or\ failing to prepare :or approve maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications; or ` b: Giving directions or instructions, or failing .. _ to give them, if that is the primary cause of the. injury or damage.. 2. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. .3.-.That pertains to the loan, lease or rental of an "auto", to you or any of your employees if the "auto" is loaned, . leased : or rented with a :,..-driver; or 4. That holds a person ;or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. Ir 1 Ly.J Page 14 of 15 Copyright, Insurance Services Qff ice, Inc., 1993 CA 00 05 12 93 ? H. "Loss" means direct and accidental loss or dam- age. But for Garagekeepers Coverage only, "loss" also includes any resulting loss of use. 1. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, . vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. J. "Products" includes: a. The goods or products you made or sold in a garage business; and b. The providing of or failure to'provide warnings or instructions. K. "Property damage" means damage to or loss of use of tangible property. L. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", . to which this insurance applies, are claimed. - CA 00 05 12 93 X _ "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. M."Trailer" includes semitrailer. N. "Work you performed" includes: a. Work that someone performed on your behalf; and b. The providing of or failure to provide warnings or instructions. Copyright, Insurance Services Qff ice, Inc., 1993 Page 16 of 15 ? C1 0 0 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the ef- fective date of cancellation. The policy period will end on that date 5. If this policy is cancelled, we will send the first Named Insured any premium re- fund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of nonce. B. CHANGES This policy contains all the agreements be- tween you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RE- CORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or rec- ommendations relate only to insurability and the premiums to be chargged. We do not make safety inspections. We do not under- take to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance in- sections, surveys, reports or recommen- tions. E. PREMIUMS The first Named Insured shown in the Dec- larations: 1. Is responsible for the payment of all premiums, and 2. Will be the payee for any return premi- ums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written con- sent except in the case of death of an in- dividual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only wity respect yo that property. IL 00 17 11 85 Copyright Insurance Services Office, Inc, 1983, 1992 C IL 00211194 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL. AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART s; FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY-COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLIC Y NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: (1) The "nuclear material" (a) is at any "nu- A. Under any Liability Coverage, to "bodily in- clear facility" owned by, or operated by or jury" or "property damage": on behalf of, an "insured" or (b) has been (1) With respect to which an "insured" under discharged or dispersed therefrom; the policy is also an insured under a nu- (2) The "nuclear material" is contained in clear energy liability policy issued by Nu- "spent fuel" or "waste" at any time pos- clear Energy Liability Insurance Association Mutual Atomic En Li bil sessed. handled, used, processed, stored, transported or disposed of b or on b h lf , ergy - a , y e a ity Underwriters, Nuclear Insurance Asso- of an "insured"; or ciation of Canada or any of their (3) The "bodily injury" or "property damage" successors, or would be an insured under arises oUt of the furnishing by an "in- any such policy but for its termination sured" of services, materials, parts or upon exhaustion of its limit of liability; or equipment in connection with the plan- (2) Resulting from the "hazardous properties" ning, construction, maintenance, opera- of "nuclear material" and with respect to tion or use of any "nuclear facility", but if which (a) any person or organization is such facility is located within the United required to maintain financial protection States of America, its territories or pos- pursuant to the Atomic Energy Act of 1954. sessions or Canada, this exclusion (3) ap- or any law amendatory thereof, or (b) the plies only to "property damage" to such "insured" is, or had this policy not been "nuclear facility" and any property thereat. issued would be, entitled to indemnity 2. As used in this errdorsement: from the United States of America, or any agency thereof, under any agreement en- "Hazardous properties" includes radioactive, tered into by the United States of America, toxic or explosive properties. or any agency thereof, with any person or "Nuclear material" means "source material", organization. 'Special nuclear material" or "by-product mate- B. Under any Medical Payments coverage, to ". expenses incurred with respect to "bodily in- "Source material", "special nuclear material", jury" resulting from the "hazardous proper- and "by-product material" have the meanings ties" of "nuclear material" and arising out of given them in the Atomic Energy Act of 1954 or the operation of a "nuclear facility" by any in any law amendatory thereof. person or organization. "Spent fuel" means any fuel element or fuel C. Under any Liability Coverage. to "bodily in- component, solid or liquid, which has been used jury" or "property damage" resulting from or exposed to radiation in a "nuclear reactor". "hazardous properties" of "nuclear material", IL 00 21 11 94 Copyright. Insurance Services Office, Inc.. 1994 Page 1 of 2 ? COMMERCIAL AUTO CA 01 80 08 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES 0 91 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Conditions 1. The following is added to the Loss Condi- tions Section: Paragraph A.2.b.(5) of the Duties In The Event Of An Accident, Claim, Suit Or Loss Condition is replaced by the following: After we show good cause, submit to exami- nation at our expense, by physicians of our choice. 2. The following is added to the General Con- ditions Section: CA 01 80 08 96 Copyright, Insurance Services Office, Inc., 1996 CONSTITUTIONALITY CLAUSE The premium for, and the coverages of, this Coverage Form have been established in re- liance upon the provisions of the Pennsylva- nia Motor Vehicle Financial Responsibility Law. In the event a court, from which there is no appeal, declares or enters a judgment, the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part, we shall have the right to recom- pute the premium payable for the Coverage Form and void or amend the provisions of the Coverage Form, subject to the approval of the Insurance Commissioner. Page 1 of 1 ? a POLICY NUMBER: COMMERCIAL AUTO CA 21 92 11 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA UNINSURED MOTORISTS COVERAGE - NONSTACKED 0 For a covered "motor vehicle" licensed or principally garaged in, or "garage operations" conducted in, Pennsylvania, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is in- dicated below: Endorsement effective Named insured Countersigned by (Authorized Representative) SCHEDULE LIMIT OF INSURANCE $ Each "Accident" (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. COVERAGE 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "in- sured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of an "uninsured motor vehicle". 2. No judgment for damages arising out of a "suit" brought against the owner or operator of an "uninsured motor vehicle" is binding on us unless we: a. Received reasonable notice of the pendency of the "suit" resulting in the judgment; and b. Had a reasonable opportunity to protect our interests in the "suit". CA 21 92 11 95 Copyright, Insurance Services Office, Inc., 1995 8. WHO IS AN INSURED 1. You. 2. If you are an individual, any "family member". 3. Anyone else "occupying" a covered "motor vehicle" or a temporary substitute for a cov- ered "motor vehicle". The covered "motor vehicle" must be out of service because of its breakdown, repair, servicing, "loss" or de- struction. 4. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another 'insured'. C. EXCLUSIONS This insurance does not apply to any of the follow- ing: 1. Any claim settled without our consent. How- ever, this exclusion does not apply if such settlement does not adversely affect our rights of recovery under this coverage. Page 1 of 3 71 POLICY NUMBER: COMMERCIAL AUTO CA 21 93 11 95 .THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. PENNSYLVANIA UNDERINSURED MOTORISTS COVERAGE - NONSTACKED For a covered "motor vehicle" licensed or principally garaged in, or "garage operations", conducted in, Pennsylvania, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM ,{\ MOTOR CARRIER COVERAGE FORM` - TRUCKERS COVERAGE FORM !2"i 11; With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. " J I. +' - ' This endorsement changes the policy effective on the inception date of the policy unless another date is in- dicated below: - Ju EEE- E y _.. it -.. .;l' t effective y FNamed orseEin redCountersigned by (Authorized Representative) SCHEDULE LIMIT OF INSURANCE $ Each "Accident" .I' 1i(if no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. COVERAGE _ (1) Have been given prompt written notice of such tentative settlement; and 1. We will pay all sums the 'insured' is legally he "insured" in entitled to recover as compensatory damages (2) Advance an amount, -equal . to t t the tentative from the owner or driver of an "underinsured settlement within 30 days after receipt motor vehicle". The damages must result of notification. , from "bodily injury" sustained by the "in- sured" caused by an "accident": The owner's 3; No judgment for-damages arising out of a or driver's liability for these damages must "suit" brought against the owner or operator result from the: ownership, maintenance or of an "underinsured motor vehicle" is binding use of an "underinsured motor vehicle". on us unless we: 2. We will pay under this coverage only if a. or a. Received reasonable notice" of the b. below applies: pendency of the "suit" resulting in the a. The limits of any applicable liability bonds judgment; and or policies have been exhausted by judg- b. Had a reasonable opportunity. to protect ments or payments; or our interests in the "suit'. b. A tentative settlement has been made be- tween an "insured" and the insurer of the "underinsured motor vehicle" and we: Page 1 of 4 CA 21 93 11 95 Copyright, Insurance Services Office, Inc., 1995 COMMERCIAL AUTO CA 25 16 07 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION GARAGE COVERAGE FORM NON-AUTO EXPOSURE This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. LIABILITY COVERAGE is changed as follows: As used in this endorsement: Exclusion S. POLLUTION EXCLUSION APPLICABLE "Loss, cost or expense" means those resulting from TO "GARAGE OPERATIONS" - OTHER THAN COV- any: ERED "AUTOS" is replaced by the following: (1) Request, demand or order that the "in- 8. "Bodily injury", "property damage" or "loss, cost sured" or others test for, monitor, clean or expense" which would not have occurred in up, remove, contain, treat, detoxify or whole or in part but for the actual, alleged or neutralize, or in any way respond to, or threatened discharge, dispersal, seepage, mi- assess the effects of "pollutants"; gration, release or escape of "pollutants" at any (2) Claim or suit by or on behalf of a govern- time. mental authority for damages because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". CA 25 16 07 95 Copyright. Insurance Services Office, Inc.. 1995 Page 1 of 1 0 IL 09 10/H0 291 (Ed. 01 81) PENNSYLVANIA NOTICE An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide services to reduce the likelihood of in jury, death or loss. These services may include any of the following or related services incident to the application for, issuance, renewal or continuation of, a policy of insurance: 1. surveys; 2. consultation or advice; or 3. inspections. The "Insurance Consultation Services Exemption Act" of Pennsylvania Company, its agents, employees or service contractors acting on its behalfo s? not liable tforlda Insurance from injury, death or loss occurring as a result of any act or omission by any person in the furnsihing of or the failure to furnish these services. The Act does not apply: 1. if the injury, death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company, its agents, employees or service contractors; 2. to consultation services required to be performed under a written service contract not related to a policy of insurance; or 3. if any acts or omissions of the Insurance Company, its agents, employees or service contractors are judicially determined to consititute a crime, actual malice, or gross negligence. Instruction the Pennsylvania Notice to allnew and ore?ne ar Pennsylvania l certificates insuring risks located in IL 09 1011-10 291 (Ed. 01 81) IL 02460996 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART' COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement does not apply to coverage provided for employee dishonesty (Coverage Form A) or public employee dishonesty (Coverage Forms 0 and P). A. The Cancellation Common Policy Condition is replaced by the following: c. A condition, factor or loss experience ma- CANCELLATION 1. The first Named Insured shown in the Declara- tions may cancel this policy by writing or giving notice of cancellation. 2. Cancellation Of Policies in Effect For Less Than 60 Days We may cancel.this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least 30 days before the ef- fective date of cancellation. 3. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued, we may cancel this policy only for one or more of the following reasons: a. You have made a material misrepresenta- tion which affects the insurability of the risk. Notice of cancellation will be mailed or de- livered at least 15 days before the effective date of cancellation. b. You have failed to pay a premium when due, whether the premium is payable di- rectly to us or our agents or indirectly under a premium finance plan or extension of credit. Notice of cancellation will be mailed at least 15 days before the effective date of cancellation. tenal to insurability has changed substan- tially or a substantial condition, factor or loss experience material to insurability has become known during the policy period. Notice of cancellation will be mailed or de- livered at least 60 days before the effective date of cancellation. d. Loss of reinsurance or a substantial de- crease in reinsurance has occurred, which loss or decrease, at the time of cancella- tion, shall be certified to the Insurance Commissioner as directly affecting in-force policies. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. e. Material failure to comply with policy terms, conditions or contractual duties. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. f. Other reasons that the Insurance Commis- sioner may approve. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. This policy may also be cancelled from inception upon discovery that the policy was obtained through fraudulent statements, omissions or con- cealment of facts material to the acceptance of the risk or to the hazard assumed by us. IL 02 46 09 96 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ? 4. 'We will mail or deliver our notice to the first Named Insured's last mailing address known to us. Notice of cancellation will state the specific reasons for cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata and will be returned within 10 business days after the ef- fective date of cancellation. If the first Named Insured cancels, the refund may be less than pro rata and will be returned within 30 days after the effective date of cancellation. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed, it will be by registered or first class mail. Proof of mailing will be suffi- cient proof of notice. B. The following aic added and supersede any pro- visions to the contrary: 1. Nonrenewal If we decide not to renew this policy, we will mail or deliver written notice of nonrenewal, stating the specific reasons for nonrenewal, to the first Named Insured at least 60 days before the expiration date of the policy. 2. Increase Of Premium. If we increase your renewal premium, we will mail or deliver to the first Named Insured writ- ten notice of our Intent to Increase the pre- mium at least 30 days before the effective date of the premium Increase. Any notice of nonrenewal or renewal premium in- crease will be mailed or delivered to the first Named Insured's last known address. If notice is mailed, it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 IL 02 46 09 96 ? 'Lo l4lt uSt, t llit6.., . I v.• ?vaa. ?.. .. ....v Trailer M alers' Suppleme 1 Schedule tem three-Locations where you conduct gat-ce operations -ocat,on ,? O. 2 3 COeDR - 7x08 UX - 021023 T! 1-037 Item four-Liability coverage- Payroll rating basis for your premises and operations and non-owned autos used in your business. Refer to Item six for the liability premiums for the covered autos you hire or borrow. Refer to Item seven for covered autos you own. -ocation Estimated payroll Rate per $100 of payroll Premium '4o. S,200 3.212 426.00MP Policy No. 0 9227651-00 Address - State your main business location as Location No. 1. 1645-B Triadle Road, Carlisle, N_ Xiddletoa Twp., Caaberlasd CO-, PA 17013 Total Premium I 426.00HP Item five-Garagekeepers coverages and premiums _ocation Coverages Limit of insurance for each location (Absence of a limit or deductible below means Premium "Jo. that the corresponding Item two limit or deductible applies.) for all locations Comprehensive $ minus $ deductible for each covered auto for loss caused by theft or mischief or vandalism subject to Specified Causes of Loss Collision Comprehensive Specified Causes of Loss Collision Comprehensive $ maximum deductible for all such loss in any one event. $ minus $ deductible for each covered auto. $ minus $ deductible for each covered auto for loss caused by theft or mischief or vandalism subject to $ maximum deductible for all such loss in any one event. $ minus $ deductible for each covered auto $ minus $ deductible for each covered auto Specified Causes of Loss for loss caused by theft or mischief or vandalism subject to _ $ maximum deductible for all such loss in any one event. Col! lion $ minus $ deductible for each covered auto. Total Premium Garagekeepers Coveraee app!ies on a legal liability basis unless one of the Direct Coverage Options is indicated by Direct Coverage Options Excess Insurance. If this box is checked, Garagekeepers Coverage is changed to apply without regard to your or any other "insured's" legal liability for "loss" to a covered "auto" and is excess over any other collectible insurance regardless of whether the other insurance covers your or any other "insured's" interest or the interest of the covered "auto's" owner. Primary Insurance. If this box is checked, Garagekeepers Coverage is changed to apply without regard to your or any other "insured's" legal liability for "loss" to a covered ''auto" and is primary insurance. Item six-Schedule of hired or borrowed covered auto coverage and premiums Liabili+.y Coverage - Rating basis icost of hire) State Estimated cost of hire Rate per each $100 Premium for each state cost of hire I I ? PA I IF ANY 1 1.399 I 106.00)!T Total Premium 1 106. COMP Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Physical Damage Coverage Coverages Lime of InsuranceJhe most we will pay-Deductible Actual cash value, cost of repairs or Comprehensive 5 whichever is less, minus deductible for each covered auto. But no deductible applies to loss caused b? fire or hphtninq -\c cash ..Iiu(^. cost of repairs or Rate per each Estimated Annual $100 Annual Cost of hire Cost of hire Premium .. « l DEC ® R 1999 J KESSLER, COHEN, & ROTH, P.C. BY: William D. Marvin, Esquire ATTORNEY I.D. NUMBER: 34265 SUITE 1705 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. NO.: 97-2889 LARRY G. GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES, CIVIL ACTION - LAW and KRISTINE GULICK, a minor, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this /V ? y of 1?=-?CCmc?r 1999, upon consideration of the Petition of Defendant Kristine Gulick To Strike Answer and New Matter, and for Leave to Discontinue a Minor's Action in the Nature of a Counterclaim, filed by Kelley Fussenegger, guardian of Kristine Gulick, a Minor, and any responses thereto, it is hereby ORDERED and DECREED that: 1. The Answer, New Matter and Counterclaim filed on behalf of Kristine Gulick, a minor, is hereby STRICKEN. 2. This Minor's Action in the Nature of a Counterclaim above-captioned action is hereby DISCONTINUED with prejudice, and the Prothonotary shall so mark the docket. 3. Each party is to bear its own costs. BY THE COURT: EXHIBIT J. L V. TO BE NOTIFIED: William D. Marvin, Esq. Douglas B. Marcello, Esq Cynthia Jumper Toni Gulick VERIFICATION I, Lee-Ann Oatman, on behalf of that Pennsylvania General Insurance the foregoing Complaint and the attached documents are based u e Company, verify been gathered by me MY upon counsel and/or others on my behalf in preparation of this lawsuit. The language of the document is that of counsel and is not mine. I have the extent that it is based upon information which I have given to my counsel, it is true and y knowledge, information, and belief. To the extent that the conte the document are that of counsel, I have relied upon counsel in m nts of I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications made to authorities. Date: C'1 For Pennsylvania General Insurance Company n t DO .fl 00 -p ? - r 0,3 CL) 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE NO.: 07-5986 Civil Term COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of CIVIL ACTION - LAW LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE JURY TRIAL DEMANDED GULICK, Defendants ANSWER WITH NEW MATTER OF DEFENDANT KRISTINE GULICK 1. Admitted. 2. Admitted. 3. Admitted that Cynthia K. Jumper is an adult individual. Her address is unknown to answering defendant. 4. Admitted. 5. Admitted. 6. Admitted that General Accident Insurance Company had in effect a liability policy for Kristine's Auto Sales on October 27, 1996. Answering defendant is without sufficient knowledge to form a belief as to the truth of the remaining averments. Therefore, the remaining averments are specifically denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Admitted. 10. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of averments of paragraph 10. Therefore, the averments of e ? paragraph 10 are specifically denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of averments of paragraph 11. Therefore, the averments of paragraph 11 are specifically denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of averments of paragraph 12. Therefore, the averments of paragraph 12 are specifically denied and strict proof thereof is demanded at the time of trial. 13. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of averments of paragraph 13. Therefore, the averments of paragraph 13 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, the averments of paragraph 13 constitute conclusions of law to which no response is required. 14. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of averments of paragraph 14. Therefore, the averments of paragraph 14 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, the averments of paragraph 14 constitute conclusions of law to which no response is required. 15. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of averments of paragraph 15. Therefore, the averments of paragraph 15 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, the averments of paragraph 15 are not in a complete sentence and are nonsensical 16. Admitted in part, denied in part. Admitted that the vehicle operated by Larry Gulick at the time of the accident had license plate number F53148F. After reasonable investigation, answering defendant is without sufficient knowledge to form a belief as to the truth of the remaining averments of paragraph 16. Therefore, the remaining averments of paragraph 16 are specifically denied and strict proof thereof is demanded at the time of trial. 17. Admitted that a prior declaratory judgment action was filed. Defendant Kristine Gulick was, at that time a minor. She was not a party to the action; instead, her mother maintained the action on her behalf. Defendant Kristine Gulick does not have possession of the pleadings and was not privy to their contents. By way of further answer, the pleadings that were filed speak for themselves. 18. Denied as stated. Paragraph 17 above is incorporated herein by reference. 19. The Petition to Discontinue speaks for itself. Answering defendant in not in possession of the pleading, did not sign the verification to the Petition and was not privy to its contents. 20. The Order speaks for itself. 21. The averments of paragraph 21 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averment of paragraph 21 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Kristine Gullick respectfully requests This Honorable Court to deny the plaintiff's requested relief and to order the plaintiff to provide indemnity for the injuries of Kristine Gullick suffered in the accident of October 27, 1006. NEW MATTER 22. Plaintiff paid its insured for collision damage to the vehicle referred to in the Plaintiff s Complaint for damages that resulted from the accident of October 27, 1996. 23. Plaintiff is estopped from denying coverage for the accident of October 27, 1996. 24. Plaintiff s demand for declaratory relief is barred by laches. 25. Answering defendant believes and therefore aver that plaintiff previously filed a declaratory judgment action that it dismissed with prejudice. 26. Plaintiff s claims are barred by its Discontinuance of a prior action. 27. Plaintiff s claims are barred by the doctrine of waiver. WHEREFORE, Defendant Kristine Gullick respectfully requests This Honorable Court to deny the plaintiff s requested relief and to order the plaintiff to provide indemnity for the injuries of Kristine Gullick suffered in the accident of October 27, 1006. irard ckards, Esquire Attorney ID No: 58867 44 East Philadelphia Street York, PA 17401 717 845-4038 DATE: 1Q13 l /o / VERIFICAJION I verify that the statements made in this Answer With New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. lnt?n -b] Date J44ist&ineGulick IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE NO.: 07-5986 Civil Term COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of CIVIL ACTION - LAW LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE' S AUTO SALES and KRISTINE JURY TRIAL DEMANDED GULICK, Defendants CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for Defendant Kristine Gulick, do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Answer with New Matter, via first class mail, postage prepaid as follows: Paul R. Walker, Esquire Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 9'99 Harrisburg, PA 17108-0999 Mrs. Toni Gulick 6301 Chesterfiled Lane Mechanicsburg, PA 17055 Ms. Cynthia Jumper 119 West Ridge Street Apartment D Carlisle, PA 17013 Girard Rickards, Esquire DATE: October 31, 2007 0 -TI ar ti --7 s_ b SHERIFF'S RETURN - REGULAR SASE NO: 2007-05986 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA GENERAL INSURANCE VS GULICK TONI ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATORY JUDGMENT was served upon GULICK TONI ADMIN OF ESTATE OF LARRY GULICK JR the DEFENDANT , at 1700:00 HOURS, on the 17th day of October , 2007 at 6301 CHESTERFIELD LANE MECHANICSBURG, PA 17055 by handing to TONI GULICK a true and attested copy of DECLARATORY JUDGMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Postage .80 Surcharge 10.00 L_ . 0 0 11/v?10 ? 39.36 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/23/2007 THOMAS THOMAS & HAFER By : Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR EASE NO: 2007-05986 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA GENERAL INSURANCE VS GULICK TONI ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATORY JUDGMENT was served upon JUMPER CYNTHIA K the DEFENDANT , at 1608:00 HOURS, on the 19th day of October , 2007 at 119 WEST RIDGE STREET APT D CARLISLE, PA 17013 CYNTHIA JUMPER by handing to a true and attested copy of DECLARATORY JUDGMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.80 .00 10.00 .00 20.80 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/23/2007 THOMAS THOMAS & HAFER By: Deputy S eriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05986 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA GENERAL INSURANCE VS GULICK TONI ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATORY JUDGMENT was served upon KRISTINE'S AUTO SALES the DEFENDANT , at 1608:00 HOURS, on the 19th day of October , 2007 at 119 W RIDGE STREET APT D CARLISLE, PA 17013 by handing to CYNTHIA JUMPER. PRESIDENT/CEO together with and at the same time directing Her attention to the contents thereof. a true and attested copy of DECLARATORY JUDGMENT Sheriff's Costs: Docketing Service Affidavit Surcharge 1}10110-1 (:?, So Answers: 6.00 .00 c? ?aG .00 10.00 R. Thomas Kline .00 c/ 16.00 10/23/2007 THOMAS THOMAS & HAFER Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05986 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA GENERAL INSURANCE VS GULICK TONI ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATORY JUDGMENT was served upon GULICK KRISTINE the DEFENDANT at 1700:00 HOURS on the 17th day of October , 2007 a true and attested copy of DECLARATORY JUDGMENT together with at 6301 CHESTERFIELD LANE MECHANICSBURG, PA 17055 by handing to KRISTINE GULICK and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 6 . 00 if 101 )b1 91-.117 16.- Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/23/2007 THOMAS THOMAS & HAFER By : a2L ?" Deputy Sheriff A. D. PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007 - 5986 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, CYNTHIA K. JUMPER, in the above captioned case. Respectfully submitted, IRWIN & MOKNIGHT.4P.C. By: Marcus /k. McKnightN I 1rCsquire 60 Wes Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Defendant, Cynthia K. Jumper Date: August 20, 2009 1 • PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007 - 5986 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Scott D. McCarroll, Esq. Thomas, Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Girard E. Rickards, Esq. 44 East Philadelphia Street York, PA 17401 IRWIN & Toni Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 GHT, P.C. By: MarcuA A. MclCnyght, III, Esquire 60 West PomfrMtreet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 20, 2009 2 FILED-C-1, iv OF THE F'^ rah';OTA ?Y 2009 AUG 20 PH 2= 5 5 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. X for trial without a jury. ---------------- -------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Pennsylvania General Insurance Company, ( ) Appeal from Arbitration vs. Toni Gulick, Administratrix of the Estate of Larry Gulick, Jr., Cynthia K. Jumper, Kristine's Auto Sales and Kristine Gulick (Plaintiff) (check one) ( ) Civil Action - Law (X) EqW1y (other) The trial list will be called on October 20, 2009 and Trials commence on November 16, 2009 VS. (Defendant) Pretrials will be held on October 28, 2009 (Briefs are due 5 days before pretrials.) No. 5986, Term Civil 2007 (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214. 1.) Indicate the attorney who will try case for the parry who files this praecipe: Scott D. McCarroll, Esquire, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 Indicate trial counsel for other parties if known: Girard E. Rickards, Esquire, 135 South Duke Street, York PA 17401; Marcus A. McKnight, Esquire, 60 West Pomfret Street, Carlisle, PA 17013. This case is ready for trial. Date: cV/?, 7 d ?-j Signed: Cott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for: Plaintiff CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 Marcus A. McKnight, 111, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013-3222 THOMAS, THOMAS & HAFER, LLP Dated: Y//,=? -7 v eannie L. Kawalec tery f` CA- OF ?Hip 54 t r Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6th Flr. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 PENNSYLVANIA GENERAL IN THE COURT OF COMMON PLEAS INSURANCE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 07-5986 V. CIVIL ACTION -LAW TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE' S AUTO SALES and KRISTINE GULICK, a minor Defendants JURY TRIAL DEMANDED PRAECIPE TO LIST FOR PRETRIAL CONFERENCE TO THE PROTHONOTARY: In accordance with Cumberland County Local Rule 1502.1, Plaintiff requests this matter be listed for a Pretrial Conference with the Honorable Kevin A. Hess. Judge Hess has previously handled related matters regarding this matter filed under Cumberland County Civil Action No. 97-2889. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: colt D. McCarroll, Esquire Attorney I.D. No. 92985 P.O. Boa 999 305 N. Front Street Harrisburg, PA 17108-0999 Date: (717)237-7131 ???/d CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 THOMAS, THOMAS & HAFER, LLP Dated: ( )?b? 05 L. Kawalec ory t° c 14 FILED JE 71. f{,??Y OF ?Hc 2CO9 SEA' -I A.?11 : 5 4 PENNSYLVANIA GENERAL IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TONI GULICK, ADMINISTRATRIX OF THE ESTATE OF LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES AND KRISTINE GULICK, DEFENDANTS 07-5986 CIVIL TERM ORDER OF COURT AND NOW, this I L day of October, 2009, a bench trial will be conducted on this action for a declaratory judgment at 1:30 p.m., Monday, November 9, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. -2- By the Court, t Edgar B. Bayley ./Scott D. McCarroll, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Plaintiff Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 For Kristine Gulick Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Cynthia K. Jumper / Toni Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 Court Administrator sal inli (,/OC( - - -,-??, - _ ?. M ? ?. i t s ` ? Paul R. Walker, Esquire Pa. ID#88714 Scott D. McCarroll, Esquire Pa. ID#92985 THOMAS, THOMAS & HAFER, I.LP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7061 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-5986 : CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT KRISTINE GULICK AND NOW ONTO COURT, through undersigned counsel, comes the Plaintiff, Pennsylvania General Insurance Company, who, in Answer to the New Matter of Defendant, Kristine Gulick, respectfully represents that: 22. Denied as stated. Plaintiff Pennsylvania General Insurance Company paid Cynthia Jumper for damage to the vehicle as a result of the accident of October 27, 1996. Payment was made to Cynthia Jumper based upon material misrepresentations by the named insureds concerning the ownership of the vehicle at the time of the accident. 23. Paragraph 23 represents a legal conclusion to which no response is required. 16 24. Paragraph 24 represents a legal conclusion to which no response is required. 25. Paragraph 25 represents a legal conclusion to which no response is required. By way of further response, it is believed and therefore averred that the previously filed declaratory judgment action arising out of the previously filed underlying tort action was dismissed without prejudice. 26. Paragraph 26 represents a legal conclusion to which no response is required. 27. Paragraph 27 represents a legal conclusion to which no response is required. WHEREFORE, Pennsylvania General Insurance Company requests that this Honorable Court declare that it is not obligated to provide insurance and/or coverage and/or indemnity and/or a defense to any party with respect to the Underlying Action as a result of the October 27, 1996 accident. Respectfully submitted, Date: 746796.1 THOMAS, THOMAS & HAFER, LLP By: colt D. McCarroll, Esquire Attorney I.D. No. 92985 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7131 0 ATTORNEY VERIFICATION I, Scott D. McCarroll, Esquire, of the law offices of Thomas, Thomas & Hafer, LLP, hereby verify that I am the attorney of record in this matter for Plaintiff, Pennsylvania General Insurance Company, and that as such I am authorized to make this Verification in order to comply with the pertinent rules of civil procedure and that the information set forth in the attached documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. THOMAS, THOMAS & HAFER, LLP By: colt D. McCarroll, Esquire Date: lt,/2-7/ T CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013-3222 THOMAS, THOMAS & HAFER, LLP eannie L. Kawalec Dated: 10101 -T/ C) 9 FILED--CIFFICE OF THE R""TFONOTARY 1009 OCT 30 PM 3: 31 lI IMY P w Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6th Fir. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5986 CIVIL ACTION - LAW MOTION IN LIMINE OF PLAINTIFF PENNSYLVANIA GENERAL INSURANCE COMPANY TO ALLOW TESTIMONY CONCERNING STATEMENTS BY AND ACTIONS OF LARRY GULICK, JR. 1. Defendant Kristine Gulick instituted a tort action in this Honorable Court against Toni Marie Gulick, administratrix of the Estate of Larry Gulick, Jr., which is styled, Kristine L. Gulick v. Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr., and is filed with this Honorable Court under docket number 06-3386 (hereinafter the "Underlying Action") 2. The tort action arises out of an October 27, 1996 single-vehicle accident, in which Larry Gulick, Jr. was the operator of the automobile, and Kristine Gulick, a passenger, was allegedly injured. (A true and correct copy of the Underlying Action Complaint is attached hereto as Exhibit A). 3. Plaintiff Pennsylvania General Insurance Company instituted the instant declaratory judgment action, which arises due to the Underlying Action. 1 4. Pennsylvania General Insurance Company provided a garage policy number G 0227651-00, in effect for the period from October 22, 1996 to October 22, 1997, with the named insureds being Kristine's Auto Sales, Larry G. Gulick Jr., and Cynthia K. Jumper (hereinafter the "Policy"). 5. Pennsylvania General Insurance Company contends that there is no coverage for Larry Gulick, Jr. for the accident of October 27, 1996 because, inter alia, Larry Gulick, Jr. made material misrepresentations during the investigation of the claim concerning the ownership of the auto at the time of the October 27, 1996 automobile accident in an attempt to "manufacture" coverage. 6. Cynthia Jumper, a former girl-friend of Larry Gulick in October of 1996, claims that Larry Gulick urged her and persuaded her to engage in the making of materially false statements concerning the ownership of the vehicle involved in the accident in order to attempt to get coverage under the Policy. (Exhibit B, Affidavit of Cynthia Jumper, ¶¶2, 6, 7, 16, 19, 20, 27). (A true and correct copy of the Affidavit of Cynthia Jumper is attached hereto as Exhibit B.) 7. Additionally, Cynthia Jumper claim that Larry Gulick, Jr. back dated a "Used Vehicle Order" form to make it appear as though the vehicle was sold prior to the accident, when that was not true. (Exhibit B, Affidavit of Cynthia Jumper, ¶¶15- 16). 8. Plaintiff Pennsylvania General Insurance Company intends to offer at the trial of this matter evidence that Larry Gulick was complicit in making materially false statements in an attempt to obtain coverage for the October 27, 1996 accident through the trial testimony of Cynthia Jumper. 2 9. Plaintiff anticipates that Kristine Gulick will attempt to prevent the admission of this testimony pursuant to the Dead Man's Act. 10. The Dead Man's Act does not bar Cynthia Jumper's Testimony because her interests are not adverse to the decedent, Larry Gulick, Jr. 11. The Dead Man's Act does not apply because the decedent's deposition transcript is expected to be introduced at trial by Kristine Gulick. 12. Kristine Gulick has waived the protections of the Dead Man's Act by taking Cynthia Jumper's Deposition. 13. Defendant Kristine Gulick lacks standing to raise the Dead Man's Act because she does not represent the interests of the decedent, Larry Gulick, Jr. Wherefore, Plaintiff Pennsylvania General Insurance Company respectfully requests that this Honorable Court permit Cynthia Jumper to testify at the trial of this matter regarding statements made and actions taken by Larry Gulick, Jr., who is now deceased. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: colt D. McCarroll, Esquire Pa. I.D. No. 92985 P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 (717) 237-7105 (fax) smccarroll @tthlaw. com 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULIC Plaintiff No: Plaintiff : ? c> c V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant NOTICIA No: CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objections 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 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: C7? - 33 ?'? 1 v V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT 1. Plaintiff Kristine L. Gulick is an adult individual residing at 6301 Chesterfield Lane, Mechanicsburg, PA 17055. 2. Defendant Toni Marie Gulick is the duly appointed Administratrix of the Estate of Larry Gulick, Jr. and resides at 6301 Chesterfield Lane, Mechanicsburg, PA 17055. 3. Plaintiffs date of birth is August 31, 1986. 4. On or about October 27, 1996 at approximately 3:45 p.m., plaintiff, then a minor, was a passenger in a 1994 Camaro operated by Larry Gulick, Jr. 5. On the above date and time, Larry Gulick, Jr. was operating the above vehicle northbound on Park Drive/S.R. 203, in South Middleton Township, Cumberland County, Pennsylvania. 6. At the above place and time, Larry Gulick, Jr. failed to negotiate a curve in the road and lost control of the vehicle causing the vehicle to leave the roadway, strike a stationary concrete slab and roll over. COUNT I - NEGLIGENCE 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. The above-referenced accident was caused by the negligence and carelessness of Larry Gulick, Jr. in that he: A. Operated his vehicle at a speed in excess of the posted speed limit; B. Operated his vehicle at a speed in excess of that which was reasonable under the circumstances then and there existing; C. Failed to be alert and attentive at the wheel; and D. Took his eyes off of the roadway. 9. The accident resulted solely from the negligence of Larry Gulick, Jr. 10. As a direct and proximate result of the defendant's negligence, Plaintiff has suffered, is suffering and will continue to suffer in the future the following damages: A. Pain and suffering; B. Mental anguish, discomfort and inconvenience; C. Loss of life's pleasures; D. An impairment of health and sense of well being; E. Multiple lacerations, avulsions and the destruction of skin and subcutaneous tissue of both arms, her head and face requiring corrective surgeries; and F. Permanent scarring. 11. As a direct and proximate result of the defendant's actions, Plaintiff has suffered, is suffering and will continue to suffer in the future the following financial damages: A. Past, present and future medical expenses; B. Incidental costs of dealing with said injures; WHEREFORE, Plaintiff Kristine L. Gulick respectfully requests this Honorable Court to enter mount in excess of the compulsory of as is deemed appropriate. Girard E. Rickards, Esquire P.O. Box 11570 Harrisburg, PA 17108-1570 (717) 234-4161 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 19 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. Date Kri t' a L. Gulick PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-5986 : CIVIL ACTION -LAW AFFIDAVIT OF CYNTHIA K. JUMPER I, CYNTHIA K. JUMPER, having been duly sworn, testify that the following is true and correct: 1. On or about September 30, 1997, I signed a "verified statement" entitled "Verified Statement of Cynthia Jumper" (hereinafter "Verified Statement"). A true and correct copy of the Verified Statement is attached to this Affidavit as Exhibit A. 2. I made certain misrepresentations in my Verified Statement; these statements were not true at the time I made them, and I made them with knowledge that they were not true at the behest of Larry Gulick, Jr. 3. Paragraphs Three (3), Four (4), Five (5) Six (6), and Seven (7) of the Verified Statement are not accurate. In October of 1996, I traded in my Eagle Talon automobile and provided money to Larry Gulick, through Kristine's Auto Sales, for him to purchase a Camaro from Auto MAX. The Camaro was the automobile involved in the October 27, 1996 automobile accident. 4. 1 drove the Camero on approximately six (6) occasions from the time that Larry Gulick, through Kristine's Auto Sales, acquired the Camaro and October 25, 1996. 5. 1 never purchased the Camaro from Larry Gulick or Kristine's Auto Sales prior to the accident with the Camaro on October 27, 1996. 6. After the October 27, 1996 accident, Larry Gulick, Jr. informed me that there was a question about insurance coverage for the accident because the Camaro was titled in the name of Kristine's Auto Sales. 7. After the accident, at Larry Gulick, Jr.'s urging and request, I signed the title document for the Camero. 8. When I signed the title document for the Camaro, Larry Gulick, Jr. and I were the only persons present; there was not a notary present when I signed the title document. 9. Larry Gulick, Jr. informed me that his father had a friend that could take care of notarizing the title document. 10. A true and correct copy of the title document is attached to this Affidavit as Exhibit B. 11. Ann Barr, notary, was not present when I signed the title. 12. I did not sign the title document on October 25, 1996. 13. Additionally, after the October 25, 1996 accident involving the Camaro, I provided Kristine's Auto Sales with a back dated check. A true and correct copy of the check is attached to this Affidavit as Exhibit C. 14. The back dated check made it appears as though I purchased the Camero on October 25, 1996, i.e. prior to the accident, when, in fact, I did not purchase the Camero prior to the accident. 14. I did not make out the check until after the automobile accident of October 25, 1996. 15. The "Used Vehicle Order" form document was back dated by Larry Gulick, Jr. A true and correct copy of the "Used Vehicle Order" form document is attached to this Affidavit as Exhibit D. 16. I never purchased the Camero prior to the accident, and I had not even decided to purchase the Camero prior to the accident. 17. Paragraphs Nine (9) and Ten (10) of the Verified Statement are correct. 18. I never loaned the Camaro to Larry Gulick, Jr. or allowed him to borrow the Camaro from me as I never owned the Camaro prior to the accident of October 27, 1996. 19. Larry Gulick, Jr. was driving the Camero at the time of the accident for personal pleasure and out of convenience, not as part of a test drive of the car. 20. I never asked Larry Gulick to test drive the Camaro. 21. On April 15, 1997, I gave the "Sworn Statement of Cynthia K. Jumper" (hereinafter the "Sworn Statement"). A true and correct copy of the Sworn Statement is attached to this Affidavit as Exhibit E. 22. With regard to the Sworn Statement, the testimony at the following page numbers and line numbers is not true, and I gave the testimony knowing it was not true at the behest of Larry Gulick, Jr. in order to help him resolve insurance coverage issues in his favor related to the accident of October 27, 1996: a. Page 12, lines 11 through 16 are not completely accurate as stated. I paid sale tax to Larry Gulick, Jr. after the accident of October 27, 1996. b. Page 14, lines 3-4 are not accurate. I did not decide to purchase or purchase the Camaro until after the accident of October 27, 1996. C. Page 15, lines 24 through 25 and page 16, line 1 are not accurate. 1 did not decide to purchase or purchase the Camaro until after the accident of October 27, 1996. d. Page 16, lines 10 through 16 are not accurate. I was never waiting to give cash to Larry Gulick, Jr. prior to the accident in relation to the Camaro. e. Page 17. There was never a test drive of the vehicle, and I did not ask Larry Gulick, Jr. to test drive the car. f. Page 17, lines 22 through 25 and page 18, lines I through 2 are not accurate. The "Used Vehicle Order" was back dated to make it appear as if I purchased the Camaro on October 25, 1996. The "Used Vehicle Order" was actually drafted and signed after the October 27, 1996 accident. g. Page 18, lines 5 through 7 are not accurate as stated. While I did give Kristine's Auto Sales a check for sales tax on the Camaro, the check was not made out to Kristine's Auto Sales until after the accident of October 27, 1996, and I back dated the check to October 25, 1996 to make it appear as though I purchased the Camaro prior to the accident at Larry Gulick, Jr.'s request. h. Page 18, line 17 is not accurate. I never paid Larry Gulick or Kristine's Auto Sales $2,700.00 for the Camaro prior to the accident of October 27, 1996. Page 19, lines 6 through 8 are not accurate. I never paid Larry Gulick or Kristine's Auto Sales $2,700.00 for the Camaro prior to the accident of October 27, 1996. j. Page 19, lines 23 through 25 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. k. Page 20, lines 7 through 22 are not accurate. Page 21, lines 20 through 25 and page 22, lines 1-13 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. M. Page 23, lines 4 through 17 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. I also never asked Larry Gulick, Jr. to clean the Camaro for me. n. Page 25, lines 23 through 25 and page 26, lines 1 through 8 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. 23. On February 18, 1998, I was deposed in the matter of Pennsylvania General Insurance Company v. Larry Gulick, Jr., et al., docket number 97-2889, Cumberland County, Pennsylvania. A true and correct copy of the deposition is attached to this Affidavit as Exhibit F. 24. I was asked on page four (4) of my deposition if my representations and testimony in my Sworn Statement were accurate, and I indicated that the Sworn Statement contained true representations and testimony, which was not true. 25. While I did correct my address on pages four (4) and five (5) of the deposition, I failed to correct the misrepresentations in the Sworn Statement, which are listed in paragraph 22 of this Affidavit and its sub-parts. 26. Additionally, the deposition, on page 6, line 25, references a date of October 1, 1997, which should be corrected to October 1, 1996, as my answer on page 7, line 1 of my deposition was based on my understanding that question meant to reference October 1, 1996. 27. After Larry Gulick, Jr.'s death, I no longer desired to remain silent concerning my misrepresentations, and told William Marvin, the attorney for Kristine Gulick, several of the misrepresentations that I had previously made during the investigation and litigation concerning the October 27, 1996 accident and insurance coverage issues related to the October 27, 1996 accident. SWORN (AFFIRMED) ANDS BSCRIBED BEFORE ME THIS ?5`lfi DAY F , 2009 Notary P blic My Com ission Expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2011 Member, Pennsylvania Association of Notaries EXHMIT A 0 .. - VERIFIED STATEMENT. OF CYNTHIA .1L''MPER ® I. Cynthia Jumper, hereby verify and say that the following facts are true and cor- rect: l . I am an adult citizen of the United States, residing at 334 art- Street, ® Carlisle, PA 17013. 2. I know Larry Gulick, Jr., as a friend. Larry used to have a small auto sales business which he named after his daughter, "Kristine's Auto Sales," 3. In October 1996,1 bought a used car, a Camaro, through Lary. 4. On Friday, October 25, 1996, we completed the sale of the Camaro. 1 paid Larry the balance of the money and the sales tax which was due on the purchase, and he signed over the title to me. 5. Once he signed over the title. I was the only person who owned the Camaro or any part of it. I planned to arrange for insurance and do the rest of the paperwork for the registration with PennDOT on Monday. 6. Over the weekend, even though I owned the car, I let Larry use the Camaro. I knew that he planned to use it for personal purposes, such as visitation with his daughter, and also he wanted to -finish checking out the car for me. 7.- Larry borrowed the car from me that weekend, if I didn't want to let him use it, he would not have driven it. 8. I knew that Larry did not have a regular car of his own. He usually would drive around in one of the cars he had for sale through his business. 9, 1 was surprised when I found out that Larry had put my name on the insur- ance policy for his business. 1 never did any work for Larry. He never paid me any money from his business. I did not invest in his business and was not involved in it in any way. We were not partners in the business. 10, 1 am not related to Larry as a family m.cmber. We were never married or VERIFIED STATEMENT or('ynthia Jumper Initials: r? I or2 ' ?A.,?711s1:Lil?F.lk'7'NPflGt?MP{.'fT6iu'.uFi .7reaRU.woeve.x+wrvsmw'anw.w.rn.vsoro...?.........?..r?? . .? , ._.._.,., .... ._. - .•-.___.______ .: __.._ _... ^?I lived in the same household. The facts set forth in the foregoing VERIFIED STATEMENT are truc and correct to the best of my knowlcdge. information and belief. This statement is made subject to the penalties for unsworn falsification to authorities, 18 Pa.C.S. § 4904. _ Q hia Jumpcr Date: e---5 7 I 0 0 r P P 2 f VERIFIED STATEMENT of Cynthia Jumper Initials: 3 or2 w I EXHIBIT B qLa -1515 s14(al C) VT' V J N • DEPARTMENT OF TRAN5110RTATION 0. CERTIFICATE OF TITLE FOR A VEHICLE V y62555:3' 400i 524 00i TG i 1 F": 2SbF;2 1095 21 I 94 CHEVROLET I •46 7 04091(-)thy'. AL1 I,YEFUCIE tDENTF1DA1gN NUMBER •YEM M06KE OF VEFDCLE TITLENLMSER CP 's r p I I 09/11/961 -?• yRl.•^T tiliJ2 I 0 SODYTYPS 1 DUP SEATCAP 1 PRIDRTrrLEETATE ODOM. PROCD. DATE ODOM. MILES ODOM.STATUS i i"/t)5/'S'3 „ J 09/W96 I I t ,DATEPA TrrLEO'. •,. 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'?sKi' -.1•. ..°?s.'• ?NAML HLRI l • all C t • e IM4 wrgly. to the beat a my/ow knosUedge that The odometer famthlg Is LAST RRLT hu ' TOMB t X pdo3 and reflects the actual relleage of Site vghlele, PURCH"Illt OR FULL ufpe3S OrM 01 IM tObVd% bom3 is OMCM&' I OINE•8 NAME MI"ets the awuM of mum ? Is NOT the actual mReage CO•MMCKMBR M anent Of Its mKhn 0a [Rae WARNING: Odwnelor d13aMrMY Mg ET further owlgy that tht vat lov is Ina of wit, mcuourehee and that osmwah" is hereby AWR[H tlmeumd to the pent al of gH duw laid. CRV SUBSCRIBED AND SWORN TO BEFORE ME: Mo DAY YEAR 379TE ZIP oqr cI?HU[ MUCK ._•.i ia:.rT ..-i?'t Yil:..?. -- ST EXHIBIT C EX 113IT D ,. a --.?- 19_ DATE QC f- 2 9 DEALER: `'r r` f ?F•a? l r A.1 ?. -<.I s PURCHASER: < i V, k 11 M• N PHONE-')I>% ADDRESS: MW e14 . COY, ywr ll t ($ STATE IM ZIP d j = u=a Iuv nRnpFt FOR ONE A CAR ? TRUCK OR AS FOLLOWS: Yq-w 19 i MAKE G Air MODEL ?G wt ?. iti? BODY !;A# Ur- N.P. ODOMETER SERIAL NO. 7 `ti ? COLOR STOCK NO. R M R e 1 %" ! Igo c CAR SALES PRICE $ TOTAL PURCHASE PRICE e DELIVERY aft HANDLING DEPOSIT TAX ?• USED CAR ALLOWANCE $ FILING AL •- LESS LIEN . $ E PLATES HELD BY EQUITY CASH ON DELIVERY it? -7e U4 --.dew Film The information you see in the window formforthis information on the t f thi t i t rac s par o s con . vehicle window form overrides any contrary provisions to TOTAL PURCHASE PRICE the contract of sale. TRAfW IN RRUVIn Contract to be paid in Dwmentb of $ each,1 at payment due------I 9--J N SOLD I hereby make this pirchas ugly wit h ut any g x or i AS IS. Customer s Slgnalu We the dealer warranty this vehM delivery on SOLD WITH and labor used. (owner pays and pays L _ l and labor wad).21.pl afrsmuatbemadelnourse ahoporahopsi WARRANTY. We do not warranty Miss, bahery, glass, clock, r or radio. Dealer's Signature I have read the Isis and back d this order, and I apppprove ah 1 ktnls and colMA m in ads hose c ACKNOWLEDSERECEIPT OFACOMPLETEcoPYOFTHtsORDER(0)MR DATESHOWNABOVETMIpW- et kw anceardthacorrectamauraoltheDanduato orebsded.Inmwrehide,AguansacsonssrasubjegtoGrtotx the mllsop appearing an are I. the safer makes no warrant' or rwesenieNsns as to the extent at the mob dealer or his agent retail basis of parts d retail cost of parts eater herein named. I agree to accept very, 18 S.S. No. Buyers Signature Phone Address t 1 T"'S ORDER IS T VAL D ES8 SIGNED AND A BY DEALER Salesman ?s Accepted by AUTOLINE FORM 1149x0 DEAL" SIGNATURE EXHIBIT E t 4 1.?« -%AI- t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 I IN RE: Kristine's Auto Sales, Larry G. Gulick, Jr., and Cynthia K. Jumper Sworn Statement of: CYNTHIA K. JUMPER Taken by: General Accident Before: Jill L. Roth Court Reporter-Notary- Date: April 15, 1997, 9:30 a.m. Place: Central Pennsylvania Court Reporting Services 53 West Pomfret Street Carlisle, Pennsylvania APPEARANCES: THOMAS, THOMAS & HAFER BY: DOUGLAS B. MARCELLO, ESQUIRE FOR - GENERAL ACCIDENT ALSO PRESENT: .HARRY J. BAS SLER, III ORIGINAL (717)258-3657 or (800)863-3657 2 01 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .INDEX TO TESTIXONY WITNESS EXAMINATION PAGE Cynthia Jumper By Mr. Marcello 3 INDEX TO EXHIBITS NO. DESCRIPTION PAGE A Photocopy of check to Automax 13 B Photocopy of check to Kristine's Auto Sales 16 C Photocopy of used vehicle order 18 ":. r .'" K. 5 . (717)258-3657 or (800)863-3657 3 ?.1 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 CYNTHIA K. JUMPER, called as a witness, being duly sworn, was examined and testified as follows: EXAMINATION BY MR. MARCELLO: Q. Can you state your name? A. Cindy Jumper. Q. My name is Doug Marcello. .I'm an attorney representing General Accident. And we're here today for a statement under oath with regard to coverage on a policy of insurance issued to Kristin 's Garage to Mr. Gulick and to yourself. And with your understanding that General Accident is reserving any rights, including the right -to decline coverage and investigate it and not waive any rights. And'that's understood and agreed with the statement under oath. Okay. Can you give me your date of birth, please? A. 7/15/51. Q. And your social security number? A. 191-42-7930. Q. And your home telephone number? A. 245-5050. Q. And your work number? A. 486-3944. Q. And is that Arnold's Food Market? (717)258-3657 or (800)863-3657 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 A. Hughes Super Market. Q. Can you give me your present address? A. 3.34 East Street, Carlisle. Q. And does anyone reside there with you? A. No. Q. Can you tell me your marital status? A. Divorced. Q. And for purposes with regard to insurance coverage, were you ever married to Mr. Gulick at all? A. No. Q. Are you related at all? A: No. Q. Are you presently employed with Hughes Super Market? A. Yes. Q. Do you have any other jobs? A. No. Q. What vehicles do you own now in your name? A. A Dodge Stealth. Q. Do you own any other vehicles in your name? A. No. Q. Within the last year, did you own any other vehicles in your name other than the Chevy Camaro that- we're here about today? A. Yes, an Eagle Talon. (717)258-3657 or (800)863-3657 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r, Q. And you owned that prior to the Camaro. Is that correct? A. Yes. Q. Do you have any children? A. One. Q. And just name and age. A. 26. Q. Does that child reside with you? A. No. Q. The vehicle that you owned prior to the Camaro was an Eagle Talon? A. Yes. Q. What happened to that vehicle? What did you do with that vehicle? A. I traded it in. Q. To whom did you trade it? A. Automax. Q. Where's Automax? A. Harrisburg. Q. Do you know where it's located? A. On Cameron Street, I believe. Q. With regard to the purchase of the Camaro, can you tell me when you traded in that vehicle, the Talon? A. I think it was October the 12th, around that day. ?-;*r.?" A.5. (717)258-3657 or (800)863-3657 6 ?I 1 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And did the Camaro replace that vehicle, the Eagle Talon? A. Yes. Q. Now the Eagle Talon, was that in your name. A. Yes. Q. And was that insured? A. Yes. Q. And by whom was the Eagle Talon insured? A. USF & G. Q. Through what agency did you get coverage on that? A. Dana Brandt. Q. And where's that located? A. Newville. Q. Were you the named insured on that policy? A. Yes. Q. And was there any other insureds or anyone else listed on that policy? A. No. Q. Was that policy ever cancelled? A. Yes. Q. And do you know when it was cancelled? A. Shortly after it was sold. Q. After the Talon was sold? A. Yeah, within a few days, I believe. U.1'.U.K.S. (717)258-3657 or (800)863-3657 7 . n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did you receive a rebate on the insurance -- A. No. Q. -- premium on that? A. No. Q. Can you tell me with regard to Kristine's Garage, were you ever involved in the ownership, operation or anything else along the lines of Kristine's Garage? A. No, never. Q. Let me ask you, do you know how you were named on their insurance policy or why you were named on the insurance policy? A. Well, I didn't know this until after the fact. Dee Benner told me I was insured. I had no idea at the time I was. When I asked Larry why, he said he told his agent that occasionally he might need a driver to drive a car from an auction to his car lot. So.he said he told his agent that I might be driving if he needed a driver. Q. Did you ever drive one of his cars from the auction car lot at all? A. Never. Q. Did you ever drive any of the company's cars at all? A. No. Q. Either before or after this occurred? A. No. Really he wasn't in business. He really I-;.r.U-A.S. (717)258-3657 or (800)863-3657 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 didn't have anything on his car lot. Q. What can you tell me about Kristine I's Garage? What's the deal with that? A. Then it was a different situation than it is I now. Q. Let's talk the fall of 196. Prior to the time you bought the Camaro, what was the setup then or what was the operation then? A. He was still a dealer and he still had-it in his name, Kristine's. There was no cars there. He was basically trying to get back in business. He had-no money at the time really to do anything. You know he was just starting again, really. Q. And that was the way it was in October of 1996? A. um-hum. Q. Did that change at all any time since then? A. Yes. I think it's leased now. There's two salesmen there, there's some cars there. They're actually running it but Larry is still the proprietor. Q. He's the proprietor. He has the license in his name and leases it to these two gentlemen who run the business and are the business? A. Right. Q. It's their business leased from Larry? A. They have the money. The car are all theirs. L:.r.L" x.5. (717)258-3657 or (800)863-3657 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. In October of 196, around the time you sold or traded in the Talon and purchased the Camaro, did Kristine's Auto Sales have any vehicles at that time to your knowledge? A. Not that I know of. Q. Do you know anything if this is a corporation or if it's a sole proprietorship or do you know anything about that? A. I don'•t believe they're incorporated. Q. Do you know if they do any service or inspection work there? A. I know they clean cars. There's no inspection, I'm sure of that. I don't know about servicing. Q. Is there a garage there? A. Yes, there's a garage. Q. Do you know if they had a mechanic on(staff in the fall of 196 at all? A. No, not then. Q. It's basically operated then or intended to operate then as a used dealership? A. Um-hum. Q. And Larry had a license with the State? A. Um-hum. Q. If you could say yes. A. I'm sorry. Yes. (717)258-3657 or (800)863-3657 1n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Do you know what type of business hours -- were there any such thing as business hours of the business at that time? A. No. Q. Kristin's? A. No. Q. Basically, would it be fair to say that during the month of October of 1996 it was basically not operating at that time?- Would that be fair? A. Yes, that's right. He was mostly wholesaling cars, if you know what that means. Q. I don't. A. He basically buys.and sells to dealers. Nothing retail was going on because he didn't have the money to sit cars on his lot until customers came and bought them. It's turning money over from dealer to dealer. Q. Where would he get the cars? A. Oh, I don't know where lie did the business. Q. Car lots as opposed to auctions or anything like that? A. I'm not really sure. I know he went to some auctions. I don't know how much he bought there or if he had money to buy there. I really don't know the business. But I just -- telling you what I know from him. (717) 258-3657 or (800) 863-3657 I 11 0 (l? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And he was doing this in October of 196? A. Yes.. Q. Can you tell me how you got or how you came to get the Camaro, what was the transaction? A. Well, Larry and I were dating at the time. And I told him I wanted -- I was having problems with my other car. And'I told him I would like to have a new Camaro. He did business at Automax and he knew that he had one. He said it's a nice car. You know, I don't have the money to buy it and sell it to you. He said if you would like to trade your,. car in and pay the difference, you know, it would actually be titled to Yxistine's. I couldn't go down and buy it at that price. It was a wholesale price. Only a dealer could pay it. So I traded my car in. I traded my car in and I paid Automax the difference that they wanted for the car. And then there was a difference of $3,000 that I got from Chrysler because I had engine problems and there was a recall and they reimbursed me.. So I gave Larry $2700 when I got that money back. And that was the price of the car. Q. In terms of the vehicle at Automax, did you take a look at it and help to approve the vehicle prior to the purchase? C.P.C.R.S. (717)258-3657 or (800)863-3657 1 1 rJ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. And it was a situation where because they were giving it to Larry at a wholesale price, that's why Kristine's got involved in the transaction. Is that fair? A. Yes, um-hum, Q. Larry -- in terms of the payment for the vehicle, did you write a check out? And I have copies of the checks. Did you write a check out to Automax or did you write one out to Kristin 's? A. To buy the car, I made it out to Automax. Q. Was that done or have anything to do with'the sales tax also? A. No. He wrote it up through his business as a sale when I bought it from him. Q. So ultimately he had to pay sales tax on it? A. Um-hum. Q. I'm trying to figure out, did you go down to pick up the car and to close the sale at Automax? A. No. Q. Larry did all that? A. Larry did that for me. Q. But took with him your check for $5200? A. Yes. Q. And the car was titled in the name of Kristine's? L- - r. L;. r'. 115. (717)258-3657 or (800)863-3657 I 1? ) 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Right. Q. At that time, October of 1996 -- at that time in October of 1996, that was virtually the only car titled in Kristin 's name at that point? A., I can't say for sure. I don't know if he had anything there that might have been his.. Q. The check that I have from Automax is -- and we'll make this Exhibit A -- is dated I think October 14, 1996? A. That's what it looks like. (Jumper Exhibit A was marked.) BY MR. MARCELLO: Q. And that's the $5200 we talked about? A. Um-hum. Q. And do you know what the purchase from Automax was about at that time by Larry? Did he pick it up soon after you wrote the check? A. I would imagine so. Q. What happened to the vehicle after it was I purchased from Automax by Larry? A. The Camaro? Q. Yes. A. What happened to it? He had it for, I guess, a couple of weeks. And I really wasn't sure -- I liked the car, but I really wasn't sure I did want an automatic. 1-r,I...r.M. (717)258-3657 or (800)863-3657 I A r? I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And he told me to think about it. And he said if I wasn't sure I wanted it, he could resell it. But I thought about it. And it was a nice car. And I decided I wanted to keep it. Q. The two or three weeks between the time that the vehicle was picked up and you made up your mind to .purchase the vehicle, was the vehicle.used at all? A. I believe Larry drove it some. Q. Do you know when you say some, extended trips or anything, for day-to-day travel? A. I think just around town, that I know of. Q. You went to see the vehicle over at Automa.x and it was purchased. What was the condition of the vehicle at that time? A. I didn't go to Automax. He brought it to me to show it to me. Q. Prior to purchase? A. Yes. Q. Was it when he took it back to Automax? What consummated the-deal at that time? When he bought the vehicle over to show it. to you, did you give him the check at that time? A. No, no. Q. When the vehicle was purchased from Automax, prior to you taking control of it, was there any work that "r""A. S. (717) 258-3657 or (800) 863-3'657 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,c needed done on the vehicle? A. Not that I'm aware of. Q. Do you know where the vehicle was kept? A. After it was purchased? Q. From the time Larry obtained -- Mr. Gulick obtained it from Automax until the time you took possession of it, do you know where it was kept? A. Mostly at his house. Q. Where's that located? A. Trindle Road. Q. Do you have an address? A. 1645 Trindle Road. Q. Is that adjacent to Kristine's Auto? A. Yes, yes. Q. Did you ever have possession of the vehicle prior to the time of the accident at all? A. Possession of it? Q. Yes. A. I drove it occasionally. Q. And what circumstances would it be that you would drive it? A. If we were going somewhere. I drove it to work a couple of days. Q. At that point in time, had you decided to purchase it and just hadn't taken control of it yet? (717)258-3657 or (800)863-3657 1 r 'n \_J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yeah. Q. Is there any reason why there was a delay then in terms of you paying for it or how did that work? Because the payment and paperwork, as I understand, came through on the 25th of October. Here's a copy of your check to Kristin 's -- we'll mark this as Exhibit B -- for October 25th. (Jumper Exhibit B was marked.) BY MR. MARCELLO: Q. And as I understand, you had used it several times or you drove it on occasion, including driving it to work, from the time it was picked up from Automax to the time of this payment. Is there any reason for the delay in the payment at all, why it wasn't until the 25th? A. Well, I was waiting until I had the cash money to give to Larry. Q. And what were you waiting for to• -- what did you need to get the cash money? A. -What did I need? Q. Were you going to get it somewhere? Were you waiting for Chrysler? A. . Well, I was waiting on Chrysler, yeah. Q. But you had already gotten that to pay Automax? A. No. To pay Automax, I.took a loan out from my bank. I think the loan was 3,000, and I had some money in U.r.U..K.5. (717) 258-3657 or (800) 863-3657 1 7 0 1 2 3 4 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my savings.. Q. Which bank did you take the loan? A. Members 1st. Q. Credit union? A. Yeah. Q. Do you know if Larry did any work on the car from the time he took possession of it until the time of the accident? A. I don't know if you consider just going over it work. He went over it. He changed the oil. Just a few minor things. Q. Just like a normal owner would do? . A. Yes. Q. But nothing of the type that a garage would have to do or nothing? A. No. Q. Nothing that would require test-driving or anything like that to your knowledge? A. Not that I'm aware of, no. Q. Now, as I understand it, you purchased it from Kristine's on October 25th, 1996 -- A. Yes. .Q. -- when you cut the check? As I understand -- I'm going to show you what we'll mark as Exhibit C. That's a copy of the invoice or (717)258-3657 or (800)863-3657 r r? 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 s is the receipt that Larry gave you. Is that correct? A. Yes. (Jumper Exhibit C was marked.) BY MR. MARCELLO: Q. And then your check, which was marked as Exhibit B, represents the sales tax on the vehicle, $768? A. Yes. Q. Do you know why the sales price is listed on here as 12,800? A. I believe he.took the price that was paid to Automax and the 27 -- or it is the 2700 I paid him: Does that come out to 12,8? I'm not sure. Q. We've got 5200 here and your check to Automax. A. I believe he gave me the trade-in on my car, I believe, was 4600. Q. Okay. That gets us up to 98. A. And the 2700 I paid him. Q. Maybe I'm confused here. You wrote a $5200 check to Automax? A. Right. Q. And that's basically for the difference between your trade-in and the price of what the Camaro was going to be, right? A. Right. Q. 'And the trade-in on the Camaro was ?..r.t:.tt.?. (717) 258-3657 or (800) 863-3657 t.. .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 n approximately 46007 A. Yes. Q. So that amount and this amount, the 4600 and the Exhibit A, 5200, comes up to 9800, but I'm not sure where the other $3,000 is. A. I said I gave Larry $2700 cash. Q. As profit on the car? A. Yes. Q. Okay. And maybe I'm confused. I thought the whole thing of going through AutomaX was so that you could get it at a wholesale price? A. No. I said I couldn't buy it myself from Automax because the $9600 was a dealer price. Q. Right. A. That is why Larry paid for it and titled it to Kristine's. Q. Right. But then you ended up paying the wholesale price, the retail price anyhow, didn't you? A. Yes. I didn't expect to buy it at that. I wanted him to make something on it being he was just starting out in-business. He could have sold it to anyone at a profit. I wanted to help him out. Q. Basically, if someone was going to make out, you would rather it be Larry than Automax? A. Yeah, sure. t:.r.t-:-X.b. (717) 25B-3657 or (800) 863-3657 F n n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And that's why the tax is based on 12,87 A. Yes. Q. So if I understand the purchase from Automax was, Exhibit A, 5200 and the trade-in of your Talon. Is that correct? A. Yes. Q. And then the vehicle you purchased from Mr. Gulick, from Kristine's, was that amount of money that you paid yourself plus another $2700? A. Yea. Q. And then you wrote a separate check for the sales tax? A. Yes. Q. Now, the $2700 you gave to him was cash? A. Yes. Q. And was that from your Chrysler money? A. Yes. Q. Other than the receipt, did you get any other documents from Kristine's at all, do you know, with regard to the purchase of the car? A. No. I don't believe the paperwork was done at that time. Q. From the time -- did you trade in your Talon at the same time that you gave the check to Automax? A. Yes. U.r.l:.X.b. (717)258-3657 or (800)863-3657 21 :- 11 ?J 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 .15 2C 21 2: 2: 2j 2! Q. All from one deal? A. Yes. .Q. From that time until the time"of the accident, how did you get around? A. I had my girlfriend's car. Q. Who's that? A. Who is it? Billie Jo Butler. She's in the Navy. Q. Does she live around here? A. Boiling Springs. Q. At the time that you obtained the vehicle from Kristine's, had you already cancelled the policy on the Eagle Talon at that time? A. When I traded it in, it got cancelled. Q. At the time you purchased the vehicle from Kristin 's, it's my understanding that you didn't know you were listed as an insured on Kristine's policy. Isn't that correct? A. No, I did not. Q. How did you figure you were going to be covered on that car? A. That was a Friday. I was going to call my insurance company on Monday. 6 Q. And Mr. Gulick was agreeable to transfer -- to i sell you the car prior to you making arrangements. with the C.P.C.R.S. (717)258-3657 or (800)863-3657 22 0- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lE 1i 1E 1s 2( 2: 2: 2. 2 2 insurance company? A. Yes. Q. Do you know if you ever got title to.that car? Was it ever transferred to you? A. The Camaro? Q. Yes, ma'am. A. Was it titled to me? Q. Yes. A. Yes. Q. Do you know if the title and paperwork was completed at the time that you received this receipt October 25th of 1996? A. Yes, we did it that day. Q. Do you know if it was submitted to the State at all to transfer it over? A. I'm not sure. Q. Was that all left with Mr. Gulick? A. Yes. Q. Members 1st, were they to have a lien against the car? A. No. Q. What type of loan, was that a home equity loan 3 or did -- I A. No, just a personal loan. 5 Q. At the time of the accident -- the accident, as C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 li 1E 1s 2( 2: 2: 2; 2. 2 i I I understand it, occurred during the weekend after the Friday in which you purchased the vehicle. Is that right? A. Yes. Q. Can you tell me in terms of -- how did Mr. Gulick come to be using the vehicle that weekend? A. He just said he wanted to clean it up for me. Q. As a friend not so much as a dealer? A. I'm not sure. Probably, yes. He just wanted I to... Q. Do you know where he did it? Did he clean it at your house? A. No, he was at his shop. Q. You didn't pay him to do that at all? A. No. Q. And you didn't expect to have to pay him. Is that fair? A. No. Q. Was the vehicle at your house at any time from the time you signed the documents or made the payment on the 25th of October, Friday, until the time of the accident? A. Was it at my house? Q. Did you ever have it? A. In my possession? Q. Yeah. C.Y.C:.K.?. (717)258-3657 or (800)863-3657 I 24 I ?^1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 A. No. Q. Did you use it at any time during that time period? A. We went out Saturday night. He was driving it, I believe. Yeah, he was driving it Saturday night. We. went out for a little while. Q. Do you know if Mr. Gulick at the time, October 25th, had any vehicles that he owned himself? A. I'm not sure. He has some cars sitting out back. Q. Back at his place? A. Yeah. I really don't know. Q. In terms of the keys, had you gotten the keys for the car? A. No. Q.' Mr. Gulick still had them? A. Yeah, they were in the car. Q. Just one set? A. Yes, I believe. Q.' Let me talk about the accident a. little bit. Can you tell me what you know about the accident, in terms of where Mr. Gulick was going,, what he was going to do. A. I was working and he had just visited me at the store. And he was leaving to go back to his house. Q. Okay. And he was just using the car to drive C.P.C.R.S. (717)258-3557 or (800)863-3657 25 i 0 J 1 2 3 4 5 6 7 8 9 out to see you and come back? A. Yes, I believe. Q. It didn't have anything to do with the cleaning or anything else to the car. Would that be fair? A. Not that I'm aware of'. Q. To the best of your knowledge? A. Yes. Q. Did you talk to Mr. Gulick at all about the accident afterwards in terms of what happened or how it happened or anything? A. He called me from a cell phone immediately after it happened. And I left work and went right to the 10 11 12 13 scene. 14 15 16 17 1E 15 Q. As I understand, his daughter was with him? A. Yes. Q. And she was with him when he came to visit you in the store? A. Yes. 2( 2: 2; Q. How about with regard to the license plate on the vehicle at all, was that one of Larry's plates from the dealership? A. Yes, I believe. Q. What was your intent or what were your thoughts i in terms of getting plates or tags? 5 A. After I got my insurance on Monday, either he 2: 2, 2 C.P.C.R.S. (717)258-3657 or (800)863-3657 26 OF) 'J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 15 2( 2- 2, 2: 2, 2. or I was going to go down to the State. Q. Do you know if he had any tags? Sometimes dealers have tags they can issue right then. Do you know if he had anything like that? A. I'm not sure. .Q. You were going to get it directly from Harrisburg? A. Yes. Q. As I understand at the time of the accident -- and again, you,didn't know that you were a named insured on the garage policy. Is that fair? A. No. Q. So would it be fair to say you didn't intend that policy to cover that vehicle? A. Oh, no. No. Q. Because you were going to get one on Monday? A. Oh, yes. (Discussion held off the record.) MR. MARCELLO: That's all we have. (Whereupon, the statement was concluded at 10:00 a.m.) ?I C.P.C.R.S. (717)258-3657 or (800)863-3657 a zpy ZINI Z? 77 PER r "Fj A 3 Q 2 Ul 4 ID 3 1 r . XS, h ' ?a ? 4 M MM ? 1 1525 ~ MPER •i • n ?.ry•? ,•fr JL 1. • ! 1.. _ if .. •tAin• i7Ri •r.. 4. `4+rlar • s?aFY•;'•! ?IsM•.. . a ?... ;'.. ,,',`" L 3B2 ;'il' L 5 2 5 -001,14343' ? 2i" p:.: •wo:.:,{i+.r ,. •... r ..._ . . " .. .. ? ...,a:" :. .,'A.,,,a+o, y.m:.K•l.: - . ... ...... F .l,Yi. `•` Y iK DATEF ?s 19_ DEALER: t c 6 ?? et l !' lA S`' C s PURCHASER: < V, I'd tw? lA PHONF ?f ?• R`1(F-; t4r ADDRESS: I CITY: ti'' • = e? STATE ZIP-17-411 ENTER MY ORDER-FOR ONE A] CAR ? TRUCK, OR AS FOLLOWS: YEAR MAKE MODEL BODY LIC. H.P. 19 _ e. Ali V Caw•?Kw Cat ODOMETER SERIAL N0. COLOR STOCK NO. MOTOR NO. R 10 40 %OV C CAR SALES PRICE $ TOTAL PURCHASE PRICE $ Ij e DELIVERY & HANDLING DEPOSIT .. . TAX _aa - USED CAR ALLOWANCE $ FILING 4 •? LESS LIEN $ LiC. PLATES HELD BY EQUITY CASH ON DELIVERY 7 informat ion you see in the window form for this cle Is part of this contract. information on the ow form overrides any contrary provisions to TOTAL PURCHASE PRICE SAIJ ? ontract of sale. the TRADE IN RECORD Contract io be aid in payments of $ each, lai ent due 19 YEAR MAKE MODEL BODY COLOR LIC. H.P, 19 ODOMETER I SERIAL. NO. TITLE NO. STOCK NO. MOTOR NO. 11SOLD I hereby make this purchas gly w i arrygu xpre or Implied, by this dealer or his agent. ! AS IS. Customsessignsture AdAA -or ;C elivery on recall basis of pans We the dealer warranty this vehlo A.-rh'.-Idlo, SOLD WITH and labor used [Owner pays ansye of total relell poet of Para andlabor uaed?Allroppsslronwafbemadelnouraorahopsaulhorixedbydealer heroin namsd WARRANTY. We do not warranty tkes, banary, giese, 'look, h me mroage appeamil an the otlonleter, the seller makes no war" or reppeMalioos as to the extent of the ffaw vaNele has be Is greeto accept d very 18 S.S. No. Buyer's Signature J0 C l' 0. - -gem- Phone EXEDIRrr L2ED Salesman * v r vL Accepted by AUTOLINE FORM p4300 EXHIBIT F j PENNSYLVANIA GENERAL IN THE COURT OF COMMON PLEAS INSURANCE COMPANY CUMBERLAND COUNTY; PENNSYLVANIA 'Plaintiff CIVIL :ACTION - LAW V. NO. 97-2889 LARRY G. GULICK, JUNIOR, CYNTHIA K. JUMPER, JURY TRIAL DEMANDED KRISTINE'S AUTO SALES and. KRISTINE GULICK, a minor, DECLARATORY JUDGEMENT. Defendants Pages 1 through 9 East Board Room Carlisle Holiday inn Carlisle, Pennsylvania Wednesday, February 18, 1998 Pursuant to notice, the deposition of Cynthia K. Jumper was taken before me, Tom A. Stewart, Notary Reporter, commencing at 8:32 p.m. APPEARANCES: DOUGLAS MARCELLO, ESQUIRE 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108-0999 (For the Plaintiff) DONALD B. HOYT, ESQUIRE 17' East Market Street York, Pennsylvania 17401 (For Larry Gulick) WILLIAM D. MARVIN, ESQUIRE 947 Old York Road Abington, Pennsylvania 19001 (For Cynthia Jumper) Commonwealth Reporting Company, Inc. 700 Lisburn Road ?` - Camp Hill, Pennsylvania 17011 (717) 761-7150 .1-800-334-1063 If N • LL 2 1 C O N T E N T S 2 ,?k .3 WITNESS 'DIRECT CROSS REDIRECT RECROSS 4 Cynthia Jumper 3 :?- -- 5 6 7 E X H I B I T S 8 FOR IN NUMBER IDENTIFICATION EVIDENCE 9 10 Jumper 11 1 (Sworn Statement'of Deponent.) 3 -- "A 12 2 (Automobile Coverage Summary.) 6 -- 13 14 15 16 17 18 19 STIP CATION 20 It was stipulated by counsel that they waive the reading of the transcribed testimony 21 by the witness, and that all objections are preserved for the record to be ruled upon by the 22 Judge. 23 *** 24 Any reproduction of .this transcript is 25 prohibited without authorization by the certifying reporter. COMMONWEALTH REPORTING COMPANY (717) 761-7150 7 _a 3 i i e a n 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Whereupon, CYNTHIA K. JUMPER', was duly sworn and testified as follows: DIRECT EXAMINATION BY MR. MARCELLO: Q State your name. A Cynthia Jumper. Q My name is Doug Marcello, and I represent General Insurance Company. I have a few questions for you and -as I indicated with regard to Mr. Gulick's deposition, if we could receive a verbal response to the, questions so that the court reporter can take it down. If you do not understand me, if you cannot hear me or need me to clarify any question, please ask me to do Bo. otherwise, we will assume you heard and understand the question. A Okay- . MR. MARCELLO: I will give you what we will mark as Jumper Exhibit 1, a copy of a sworn statement that was given on April 15, 1991. (Whereupon, the document was marked as Jumper Exhibit No. 1 for identification.) (Document handed to witness.) 1BY MR. MARCELLO: i COMMONWEALTH REPORTING COMPANY (717) 761-7150 0 f?} 1 Q Have you had a chance to review that during 2 the earlier break in the previous deposition? 3 A Yes. 4 MR. MARVIN: Before we go further, can 5 I assume, I don't want to 'go further without making an 6 expression that we have the same stipulations as on the 7 previous deposition? 8 MR..MARCELLO: That is fine. 9 MR. HOYT: Sure. Do you want to-read 10 and review the transcript after it is prepared? 11 THE WITNESS: Yes. 12 BY MR. MARCELLO: 13 Q Miss Jumper, as I indicated before, you had an 14 opportunity to review the transcript of your sworn 15 statement of April 15, 1997, -correct? 1.6 A. Yes. 17 Q Is that statement true and correct to the best of 18 your information, knowledge and belief? 19 A Yes. 20 Q Are there any changes or any corrections that you 21 would make to the statement? 22 A Yes. 23 Q What is wrong with them? 24 A My address is not 334 East Street. .25 Q What would your address be? 4 COMMONWEALTH REPORTING COMPANY (717) 761-7150 1 A 334 E Street. 2 Q Is there anything else you would change in, there? 3 A 140. 4 Q The only other question I have is I understand 5 that at the time of this accident you had already 6 cancelled your other insurance policy? 7 A . Yes. 8 Q And that had been cancelled I think effective 9 October 1st, does that sound right? to A I don't believe it was the 1st. It was around .. 11 there, maybe the first week. 12 Q But it had been cancelled 'around the first week 13 of October or sometime earlier of 1996, is that {/ ?1 14 ? ?J correct 15 A I'm not sure. 16 Q You had the insurance through the Brandt 17 Insurance Agency of Newville? i 18 A Yes. 19 Q And the coverage was through USF&G; would that be 20 correct? 21 A Yes. 22 Q And that was on the Talon that you had prior to 23 owning the Camaro? 24 A Yes. O n ' i' 25 Q The Talon was traded in at Automax, correct? COMMONWEALTH REPORTING COMPANY (717) 781-7160 i N 8 1 2 3. 4 5 6 7 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 A Yes. Q 'Now, dealing with cancelling the insurance, did you go up there personally or did you call? A .I called them first and they told me I had to send something in writing to them. Q And did you do that,for them, send it in writing? A Yes. MR. MARCELLO: Off the record. (Discussion had off the record.) MR. MARCELLO: Back on the record. Let me show you what I am going to mark as Jumper Exhibit 2, and ask you, on the right-hand side,Af that is your handwriting? (Whereupon, the document was marked as Jumper Exhibit No. 2 for identification.) (Document handed to witness.) THE WITNESS: Yes. BY MR: MARCELLO: Q And was that what you sent back to the Brandt Agency requesting them to cancel coverage on the Eagle Talon? A Yes. Q And did you request that they cancel that effective October 1st, 1997? 6 COMMONWEALTH REPORTING COMPANY (717) 781-7150 7 1 A Yes, I did. 2 MR. -MARCELLO: * I have no further 3 questions. Thank you. 4 MR, MARVIN: I have no questions. 5 (Whereupon, at 8:42 p.m. the deposition 6 was concluded.) 0 i } 8 9 10 11 12 13 14 i5 16 17 1B 19 20 21 22 23 24 25 COMMONWEALTH REPORTING COMPANY (717) 761-7150 1 I p^p?, cl i i 11 22 33 .44 55 66 7.7 88 99 1 ?a 1111 12{2 1313 1414 1515 1616 1717 1818 1919 2020 2121 2 222 2 323 2 424 2525 8 CERTIFICATE OF DEPONENT I, Cynthia K. Jumper, have read this transcript of my deposition taken on Wednesday, February 18, 1998, and with the exception of the corrections noted, if. any, find it to be.a true and accurate record of my testimony. DATE Signed this CYNTHIA K. JUMPER day of , 1996 Notary Public Municipality My commission expires COMMONWEALTH REPORTING COMPANY (777) 761-7180 1?rn N a e 1 i 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF NOTARY REPORTER 9 I hereby certify, as the Notary Reporter, that . the foregoing proceedings were taken stenographically by me, and-thereafter reduced to typewriting by me or under my direction; and that this transcript is a true and accurate record to the-best of my ability; that the.witness whose testimony appears in the foregoing pages was* duly sworn by me; that I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposition was taken; and further, that I an not a relative or employee of any attorney, or counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of the action. COMMONWEALTH REPORTING COMPANY, INC. BY TOM A. STEWART Notary Public in and for the Commonwealth of Pennsylvania Dauphin County My Commission expires: July 2, 2004 COMMONWEALTH REPORTING COMPANY (717) 781-7150 4 CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013-3222 Toni Marie Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP Je 'e L. Kawalec Dated: yl() ? 1 V 'FILED-4D'?TiuF 'OF THE z-'{-)':'NARY 2009 NOV - 4 A.'111:59 Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6th F1r. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5986 CIVIL ACTION -LAW MOTION IN LIMINE OF PLAINTIFF PENNSYLVANIA GENERAL INSURANCE COMPANY AS TO THE ORDER OF PRESENTATION OF EVIDENCE AND BURDEN OF PROOF AT TRIAL 1. Defendant Kristine Gulick instituted a tort action in this Honorable Court against Toni Marie Gulick, administratrix of the Estate of Larry Gulick, Jr., which is styled, Kristine L. Gulick v. Toni Marie Gulick, Administratrix of the Estate of Larrv Gulick, Jr., and is filed with this Honorable Court under docket number 06-3386 (hereinafter the "Underlying Action"). 2. The tort action arises out of an October 27, 1996 single-vehicle, automobile accident, in which Larry Gulick, Jr. was the operator of the automobile, and Kristine Gulick, a passenger, was allegedly injured. (A true and correct copy of the Underlying Action Complaint is attached hereto as Exhibit A). 3. Plaintiff Pennsylvania General Insurance Company instituted the instant declaratory judgment action, which arises due to the Underlying Action. Pennsylvania 1 General Insurance Company provided a garage policy number G 0227651-00, in effect for the period from October 22, 1996 to October 22, 1997, with the named insureds being Kristine's Auto Sales, Larry G. Gulick Jr., and Cynthia K. Jumper (hereinafter the "Policy"). 5. Pennsylvania General Insurance Company contends that there is no coverage for Larry Gulick, Jr. for the accident of October 27, 1996 because, inter alia, Larry Gulick's accident of October 27, 1996 does not fall within the grant of coverage under the Policy. (A true and correct copy of the Complaint for Declaratory Judgment is attached hereto as Exhibit B). 6. The Policy provides liability coverage, in pertinent part, as follows: A.COVERAGE "GARAGE OPERATIONS" - OTHER THAN COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies caused by an "accident" and resulting from "garage operations" other than the ownership, maintenance or use of covered "autos". "GARAGE OPERATIONS" - COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from "garage operations" involving the ownership, maintenance or use of covered "autos". (Exhibit A to Exhibit B, Complaint for Declaratory Judgment). 7. The Policy defines an insured, in pertinent part, as follows: 1. WHO IS AN INSURED 2 a. The following are "insureds" for covered "autos": (1) You for any covered "auto". (3) Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. b. The following are "insureds" for "garage operations" other than covered "autos": (1) You (2) Your partners, employees, directors or shareholders but only while acting within the scope of their duties. (Exhibit A to Exhibit B, Complaint for Declaratory Judgment). 8. The Policy defines "garage operations" as follows: SECTION VI - DEFINITIONS E. "Garage operations" means the ownership, maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations. "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION I of this Coverage Form as covered "autos". "Garage operations" also include all operations necessary or incidental to a garage business. (Exhibit A to Exhibit B, Complaint for Declaratory Judgment). 9. A prior declaratory judgment action involving the instant parties was filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docketed number 97-2889 Civil Term, and was answered by Kristine Gulick via Answer, New Matter and 3 Counterclaim against Pennsylvania General Insurance Company.' (A true and correct copy of the Complaint for Declaratory Judgment - 97-2889 and Kristine Gulick's Answer to the same are attached here to collectively as Exhibit Q. 10. Thereafter, on or about November 12, 1999, Kristine Gulick filed a "Petition of Defendant Kristin [sic] Gulick to Strike Answer and New Matter and For Leave to Discontinue A Minor's Action In the Nature of a Counterclaim" (hereinafter the "Petition to Discontinue"). (A true and correct copy of the "Petition of Defendant Kristin [sic] Gulick to Strike Answer and New Matter and For Leave to Discontinue A Minor's Action In the Nature of a Counterclaim" is attached hereto as Exhibit D). 11. The Petition to Discontinue filed by Kristine Gulick contains averments relevant to this coverage dispute, including, but not limited to the following: 21. Several months after Mr. Gulick's death, Petitioners' counsel received a telephone call from an attorney who represented Ms. Jumper in an unrelated dispute with Mr. Gulick's estate. After further inquiry, including a direct telephone conversation with Ms. Jumper, Petitioners' counsel concluded that claims for liability coverage under Mr. Gulick's Pennsylvania General policy, based on assertions that Mr. Gulick did not own the vehicle on the accident date, were no longer tenable and could not be maintained in good faith. 22. Accordingly, after full consultation, Petitioners have authorized and instructed their counsel to file this Petition, in order to withdraw the Answer, New Matter and Counterclaim, and to discontinue the minor's action with prejudice. (Exhibit D, ¶¶21- 22) (emphasis added). ' This prior declaratory judgment action involved a prior suit by Kristine Gulick arising out of the same accident, which was subsequently not pursued. The current Underlying Action is a new action with different counsel for Kristine Gulick. 4 12. The averments of the Petition to Discontinue are consistent with the Affidavit of Cynthia Jumper at paragraph 27, wherein she states that "[a]fter Larry Gulick, Jr.'s death, I no longer desired to remain silent concerning my misrepresentations, and told William Marvin, the attorney for Kristine Gulick, several of the misrepresentations that I had previously made during the investigation and litigation concerning the October 27, 1996 accident and insurance issues related to the October 27, 1996 accident." (Affidavit of Cynthia Jumper , ¶27). (A true and correct copy of the Affidavit of Cynthia Jumper is attached hereto as Exhibit E). 13. On December 10, 1999, the Court of Common Pleas of Cumberland County, Pennsylvania discontinued with prejudice Kristine Gulick's counterclaim against Pennsylvania General Insurance Company in the matter docketed at 97-2889. (A true and correct copy of the Order of Court dated December 10, 1999, is attached here as Exhibit F). 14. Plaintiff Pennsylvania General Insurance Company contends, as stated in its Complaint, that Pennsylvania General Insurance Company is not obligated to provide coverage and/or indemnification and/or defend any parties with regard to the accident of October 27, 1996 based on, inter alia, the following: a. The October 27, 1996 accident did not involve an "insured" pursuant to the terms and definitions of the Policy; b. The accident did not result from "garage operations"; C. The accident did not involve a "covered auto"; d. Liability coverage is not provided pursuant to the terms and conditions of the policy; and e. The discontinuance as alleged above. 5 (Exhibit B, Complaint for Declaratory Judgment, ¶21). 15. The Court should require Kristine Gulick to introduce evidence that coverage exists before Plaintiff must rebut those claims 16. In Pennsylvania, it is well settled that the party seeking to establish that he or she is an insured (or, as here, the party seeking benefits under the alleged insured's policy), has the initial burden of proof to establish facts that bring the claim within the policy's affirmative grant of coverage. Riehl v. Travelers Ins. Co., 772 F.2d 19, 23 (3d Cir. 1985). 17. In the present case, Plaintiff is not claiming that there are exclusions that limit or deny coverage. 18. Rather, Plaintiff is claiming that decedent Larry Gulick Jr. never had coverage as the claim never fell within the affirmative grant of insurance coverage provided by the Policy. Furthermore, Larry Gulick, Jr. attempted to create the illusion of coverage with Cynthia Jumper, also a named insured, where none existed by engaging in fraud, through material misrepresentations concerning ownership of the auto at the time of the accident. 19. Pennsylvania General Insurance Company does intent to rely upon certain terms and conditions that exist in the Policy, such as the clause that provides that: This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 6 (Exhibit A to Exhibit B, Complaint for Declaratory Judgment). 20. The first and fundamental issue, however, that this Court must address is whether the accident of October 27, 1996 and Larry Gulick's involvement therein come within the affirmative grant of coverage made in the Policy, and Defendant Kristine Gulick and any of the other named Defendants should be compelled to meet that burden of proof before the Plaintiff is required to respond. 21. If Defendants are required to present their evidence first, it will assist in getting at the truth and conserve judicial resources because it will allow for a logical presentation of evidence, consistent will the parties' respective evidentiary burdens discussed above, and it will allow the Plaintiff to rebut claims that are actually made by the Defendants. Wherefore, Plaintiff Pennsylvania General Insurance Company respectfully requests that this Honorable Court require that Defendants present their evidence at the trial of this matter first, as they have the burden of proof, and permit Plaintiff Pennsylvania General Insurance Company to present its evidence at the close of all of the Defendants' cases in chief. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 1 d7 By: cott D. McCarroll, Esquire Pa. I.D. No. 92985 P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 (717) 237-7105 (fax) smccarroll@tthlaw.com 750420.1 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: OL ---32K. 6v c v. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED 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 is notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objections 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 ENCUENTR.A ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED ELAINTIFF'S COMPLAINT 1. Plaintiff Kristine L. Gulick is an adult individual residing at 6301 Chesterfield Lane, Mechanicsburg, PA 17055. 2. Defendant Toni Marie Gulick is the duly appointed Administmtrix of the Estate of Larry Gulick, Jr. and resides at 6301 Chesterfield Lane, Mechanicsburg, PA 17055. 3. Plaintiffs date of birth is August 31, 1986. 4. On or about October 27, 1996 at approximately 3:45 p.m., plaintiff, then a minor, was a passenger in a 1994 Camaro operated by Larry Gulick, Jr. 5. On the above date and time, Larry Gulick, Jr. was operating the above vehicle northbound on Park Drive/S.R. 203, in South Middleton Township, Cumberland County, Pennsylvania. 6. At the above place and time, Larry Gulick, Jr. failed to negotiate a curve in the road and lost control of the vehicle causing the vehicle to leave the roadway, strike a stationary concrete slab and roll over. COUNT I - NEGLIGENCE 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. The above-referenced accident was caused by the negligence and carelessness of Larry Gulick, Jr. in that he: A. Operated his vehicle at a speed in excess of the posted speed limit; B. Operated his vehicle at a speed in excess of that which was reasonable under the circumstances then and there existing; C. Failed to be alert and attentive at the wheel; and D. Took his eyes off of the roadway. 9. The accident resulted solely from the negligence of Larry Gulick, Jr. 10. As a direct and proximate result of the defendant's negligence, Plaintiff has suffered, is suffering and will continue to suffer in the future the following damages: A. Pain and suffering; B. Mental anguish, discomfort and inconvenience; C. Loss of life's pleasures; D. An impairment of health and sense of well being; E. Multiple lacerations, avulsions and the destruction of skin and subcutaneous tissue of both arms, her head and face requiring corrective surgeries; and F. Permanent scarring. 11. As a direct and proximate result of the defendant's actions, Plaintiff has suffered, is suffering and will continue to suffer in the future the following financial damages: A. Past, present and future medical expenses; B. Incidental costs of dealing with said injures; WHEREFORE, Plaintiff Kristine L. Gulick respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, plus interest, costs, and such other relief as is deemed appropriate. DATE: kzzl--Z?-24? Girard E. Rickards, Esquire P.O. Box 11570 Harrisburg, PA 17108-1570 (717) 234-4161 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiffs Complaint are based upon information which has been famished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. Date Kri a L. Gulick Paul R. Walker, Esquire Pa. 1D#88714 Scott D. McCarroll, Esquire Pa. ID#92985 THOMAS, THOMAS & 1]AFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7061 C'a ? O n 0.1 CD 'Z ---i R7 i- L-n 7 O . ,_ na U r'o cZ PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, K.RISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO.: pq- 5 No ,idi j (erM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT FOR DECLARATORY JUDGMENT And now, comes Plaintiff Pennsylvania General Insurance Company, by and through its counsel, Thomas, Thomas and Hafer, LLP, and files this Complaint for Declaratory Judgment against Defendants Toni Gulick, as administratrix of the Estate of Larry Gulick, Jr:, Cynthia K. Juniper, Kristin's Auto Sales, and Kristine Gulick, and states as follows: 1. Pemisylvania General Insurance Company is an insurance company authorized and licensed to do business in the Commonwealth of Pennsylvania with an office at 1500 Spring Garden Street, Philadelphia, Pennsylvania 19130. 2. Toni Gulick is the duly appointed Administratria of the Estate of Larry Gulick, Jr. and resides at 6301 Chesterfield Lane, Mechanicsburg, Pennsylvania 17055. 3. Cynthia K. Jumper is an adult individual residing at l 19 W Ridge Street, Apartment D Carlisle, Pennsylvania 17013. 4. Kristine's Auto Sales was a business with its principal place of business at 1645 Trindle Road, Carlisle, Pennsylvania at all times relevant. 5. Kristine Gulick is an adult individual residing at 6301 Chesterfield Lane, Mechanicsburg, Pennsylvania 17055. 6. Pennsylvania General Insurance Company (Pa, 8/15/95), formerly known as General Accident Insurance Company, formerly known as Pennsylvania General Insurance Company, provides garage policy number G 0227651-00, in effect for the period from October 22, 1996 to October 22, 1997, with the named insureds being Kristin's Auto Sales, Larry G. Gulick Jr., and Cynthia K. Jumper ("Policy"). A copy of relevant parts of the Policy are attached and incorporated here as though set forth in full as Exhibit "A". 7.. On or about October 27, 1996, an automobile accident occurred involving a vehicle with registration plate F53148F operated by Larry Gulick, with Kristine Gulick as a passenger, who was a minor at that time. 8. On or about June 14, 2006, Kristine Gulick filed a complaint hi the Court of Common Pleas of Cumberland County, Pennsylvania, docket number 06-3386 Civil, styled Kristine L. Gulick Y. Toni Gulick, Administratrix of the Estate of Larry Gulick, Jr. ("Underlying Action"). 501230-1 2 The Underlying Action sounds in negligence and seeks damages against Tofu Gulick, as administratrix of the Estate of Larry Gulick, Jr., for injuries sustained by Kristine Gulick as a result of the October 27, 1996 accident. 10. The Policy provides liability coverage, in pertinent part, as follows: A. COVERAGE "GARAGE OPERATIONS" - OTHER THAN COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage' to which this insurance applies caused by an "accident" and resulting from "garage operations" other than the ownership, maintenance or use of covered "autos". "GARAGE OPERATIONS" - COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from "garage operations involving the ownership, maintenance or use of covered "autos". 11. The Policy defines an insured, in pertinent part, as follows: 1. WHO IS AN INSURED a. The following are "insureds" for covered "autos": (1) You for any covered "auto". (3) Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. b. The following are "insureds" for "garage operations" other than covered "autos": (1) You 50]230-] 3 (2) Your partners, employees, directors or shareholders but only while acting within the scope of their duties. * 4: * 12. The Policy defines "garage operations" as follows: SECTION 171 - DErINITIONS E. "Garage operations" means the ownership, maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations. "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION I of this Coverage Form as covered "autos". "Garage operations" also include all operations necessary or incidental to a garage business. 13. The Policy limits coverage to covered "autos" that are "Specifically Described "Autos", "Hired "Autos" Only", and "Non-Owned "Autos" Used In Your Garage Business. 14. The automobile operated by Larry Gulick on October 27, 1996 was not a "specifically described auto", "hired auto", or "non-owned auto used in [the] garage business" as set forth in the policy. 27 = SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM SEVEN of the Non-Dealers' and Trailer Dealers' Supplementary Schedule or ITEM NINE of the Dealers' Supplementary Schedule for wluch a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to a power unit described in ITEM SEVEN or ITEM NINE). 28 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease , hire, rent or borrow from any of your employees or partners or members of their household. 29 = NON-OVdNED "AUTOS" USED IN YOUR GARAGE BUSINESS. Any "auto" you do not own, lease, hire, rent or borrow used in connection with your garage business described in the Declarations. This includes "autos" owned by your employees or partners or members of their households while used in your garage business. 15. The Policy, at Fonn CA 20 27 12 93, provides with regard to registration plates not issued for a specific auto. 501230-1 4 16. The vehicle operated by Larry Gulick at the time of the October 27, 1996 accident was not being operated with one of the registration plates set forth in Form CA 20 27 12 93. 17. A prior declaratory judgment action involving the instant parties filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docketed number 97-2889 Civil Term, was answered by Kristine Gulick via Answer, New Matter and Counterclaim against Pennsylvania General Insurance Company. 18. Thereafter, on or about November 12, 1999, Kristine Gulick filed a "Petition of Defendant Kristin [sic) Gulick to Strike Answer and New Matter and For Leave to Discontinue A Minor's Action In the Nature of a Counterclaim" (hereinafter the "Petition to Discontinue"). 19. The Petition to Discontinue contains averments relevant to this coverage dispute, including, but not limited to the following: 21. Several months after Mr. Gulick's death, Petitioners' counsel received a telephone call from an attorney who represented Ms. Jumper in an unrelated dispute with Mr. Gulick's estate. After further inquiry, including a direct telephone conversation with Ms. Jumper, Petitioners' counsel concluded that claims for liability coverage under Mr. Gulick's Pennsylvania General policy, based on assertions that Mr. Gulick did not own the vehicle on the accident date, were no longer tenable and could not be maintained in good faith. 22. Accordingly, after full consultation, Petitioners have authorized and instructed their counsel to file this Petition, in order to withdraw the Answer, New Matter and Counterclaim, and to discontinue the minor's action with prejudice. 20. On December 10, 1999, the Court of Common Pleas of Cumberland County, Pennsylvania discontinued with prejudice Kristine Gulick's counterclaim against Pennsylvania General Insurance Company in the matter docketed at 97-2889. A true and correct copy of such discontinuance with prejudice is attached as Exhibit "B". 21. Pennsylvania General Insurance Company is not obligated to provide coverage and/or indemnification and/or defend any parties with regard to the accident of October 27, 1996 501230-1 based on the terms, definitions, provisions, conditions, and exceptions to the Policy, including, but not limited to the following: a. The October 27, 1996 accident did not involve an "insured" pursuant to the terms and definitions of the Policy; b. The accident did not result from "garage operations"; c. The accident did not involve a "covered auto"; d. Liability coverage is not provided pursuant to the terms and conditions of the policy; and The discontinuance as alleged above. WHEREFORE, Pennsylvania General Insurance Company requests that this Honorable Court declare that it is not obligated to provide insurance and/or coverage and/or indemnity and/or a defense to any party with respect to the Underlying Action as a result of the October 27, 1996 accident. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: D q By: Paul R. Walker, Esquire Scott D. McCarroll, Esquire Pa. I.D. Nos. 88714/92985 P.O. Boa 999 Harrisburg, PA 17108-0999 (717) 441-7061/(717)237-7131 (717) 237-7105 (fax) pwallcer@tEa-,A,.com/ sjiiecarroll@tthlaw.com 501230-1 6 n Paul R Walker, Esquire Pa. ID#88714 Scott D. McCarroll, Esquire Pa.ID#92985 THOMAS, THOMAS & BAFEF, LLP P.O. Box 999 .Harrisburg, PA 17105-0999 (717) 441-7061 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE' S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. :CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fords 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 -:aid 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU V?IITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 Item one-Policy, producer, and applicant information Genital Accident Insurance otomac Insurance . Company of America 1 IMMompany of Illinois 2 The Camtierm PenrtsylvaNa Gw,rral Insurance Asl+.taalion 3 Insuranrr Cempani• 9 Policy number Form of business •- •- C 022 7 651-0 0 •• ? individual ?Corpurationl= J Pannrrship? Othr, Policy Pe • 1_:DI A.M. atanr,nd tint al Your ma roll a nrf nw•. From: 10-22-96 Tu: 10-27-97 Branch Oflirv of Grnural ARunt 8arr1.sburg Named Insured and mailing address (no.. urem. town. county, rate', rip rodPl 3'sistime's Auto Sales r ?ra;sy G. Gulick, ax _ Allen name Christian-Sake, Costpfany & Cpisthia E_ 47UMW 1645 Triadle Road, ARenl rude 427622 Cumberland Ca=ty, Carlisle, PA 17013 thcupaiion or busiriras Of the named imuied AepeAx Shop with Auto Sales In return for the payment of the premium, and subject to all the forms of this policy, avv attire with you to provide the insurance as staled in this policy. Item two-Schedule of coverages and covered autos This pot!q• provides only those coverages where a chnrpe is shown in Ihr premium column Ix•um. Lnch all Ibrae cuvv,agi, w•d! apply oniy w Net- "nuinli" shown as covered-autos." "Autos' are.shuwn as covered "autos" Jor a paniculnr roverape Ill Ihl- entry of one or in-Hr ni ti-, symbol; unm +ho c;.r; Ettrn . - F,um neat to the.name of fill- rowerapt•. ' " Covered.aulas A n.•an1+.u+ 'Limit .... ja tFM1190ViMiP\!f. •"nta cumin UY0.s4rs.,s u.• Pn mil-^r C tie s..„r.•• 0,,n0rar• i,r,m a.M...n, N The nu»I wr will !•.t} It): an, nn,• at ritlrnl w h 'ANNUAL QUAMT LY jEl p?1 IMINTHLY 13 CF®l??y??ytp-w+?Fg?iAp ti?1 M AWtifitfl711.I LL Perminal Injen; Ptolf-o4 r fell atluiv.slem NO•Fauk f:•+•r••.at"-, Adthd Persnrtnl filially Pillars loin 4 tgUhatenl Added Nu-F.i 16 ( u:waq'i1 1'nmw•ny irmlt•t'lilm b:.:,y,.,•• r• f-MithiFan only) Mrdrral Paymrni. I Inimmrd Nwnr:41+ _- - -•_ Llndrrin•wed rs.rnrid. -e'i:-n,+. aai,eMd n t•aa..;nr:! 141:.. •.. Garagekoepers - - f ,mgaPhrnsive ('rnTSa; •• 5!iruiurtl Caus1•r ui l.'+•• (m.•:aur Garnueherprr4 -• Calli.ian Coveiait Phriral Damage Comprehensive lavr,am,- Each "Aeeidral" "rarape Ofteraliun4" "Aunt" Only f llh.u I h m ".AU:.,' O u'. - ?S 1,000,000 ,_ - ! g- 0.OP-_.- ;?RRirRatr -• Ga,arr Oliv llo-W, 01hri 11,n "Auu.' u'th- 2726,-29 _ 5 3,DD0,000 1,945.00•- ' w•parmrly stated in ray h y,1.1• ondur-0•nu•nl rniuu. - ... S rb•durlihM. c. tiamit-It- •.isM alt ,•.N I. Ail-hat 1' L11. rndur.• nom!. -- 5,-issr nrly v.ilvd in Ihr P P.t. rarimrv«m•nl mum'-_ .. __.. ... _..,. 5 tlydix ilhh• hu oat It acriddnt. 5 -25?- 5 35,000 (2 DEALER TAGS) 84.00` 25 _ 5 _35,00D(_2 DZALSR TAGS) 10.00 S tl:rNr.:.rn..•.nn!•:,•is l.,. n: t;!In itsP le n•:•.!rr - .._.._ __-...? to d i°.•x a;.!q t, c nav!r.4, .r` .n h 6.•• n a ;..v,r •,rrs. -• `• rrNFr.?irne•.... ! tb•dcnh.• Lr el- it i.... t• d a:an --_....-.._.....?_ i:'n?ti ::-'.Y.•; rot,.: 0..1u.. s_s...., r... .Nr.,.::?_.. A•i •.,. Bx • •+112-al-v.tnir• of sr. t :;w• t n. re k5a" '• a %*44snt4,. k %c 4 a: rrP••- cy,, r^c nA. Mt a, .,• t4 mhr rA,N And a,•.w.d'n. +rtadld.r•Ntw•rr ,LMrryr• N4.h .• ,,. trge• 5'?der hr •wb..c-••r.,py. ?? - . liar tun uamt'd In m« ht n• :a-d.A+c v .,.Wlrwrioa t SAwk.a• ur 116.41. arm' aMlw'tpN?.' MSS, I Na .,tlr M a,ar• aft-AM. ,M•d tan4puGa. t hysicai Uamaµr Spt•rified Coverall(- 1 ndnrsrr--:1 t1, in Ii,i, Ii •i!0 v .u it, ins elainn. SEE 1.307 aTTACIIED 1 his Deenralimn, Pau-, mp-h•r :all, Ih(- lammum Prdr : r: '^:InN .•. ...... ....... ..ln r -• w. ;: ' nr4......... .•.. ., ma t..... par the"..I, t omp11.1- ibe numh,•rr:' 1.1011: f)aw anti tsar,- ,,. ,... .. u•,....•• .( !. ':el„ ..... 11-19-96 Camp Hill, PA sab/bsm ,h•- drt!:.ra,•.•_ :•,u.. •.. ............. . ....tr:........,,, ,...• EXHIBIT GLNERAt ACCIDfN INSURANCE Schedule of Forms and Endorsements For ittjc hment to Pole N number G 0227651-00 Issued to Kristine's Auto Sales et al Forms and endorsements made part of this policy al the time of issue (insert numbers and edition dates): IL 0910 (01-81) IL 0246 (09-96) IL 0017 (11-85) IL 0021 (11-85) CA 0180 (08-96) CA 2192 (11-95) CA 2193 (11-95) CA 2516 (07-95) CA 0005 (12-93) -CA 2027 (12-93) P-0079 1.87 (2{ CDMMERCIAL AUTO CA 00 05 12 93 GARAGE COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. . . •.. Other words and phrases that appear in quotation marks have special meaning. FINITIONS. ITEM TWO of the Declarations shows the'"autos" that are covered "autos" for each' of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations des- ignate the only "autos" that are covered "autos". A. DESCRIPTION OF COVERED AUTO DES- IGNATION SYMBOLS _ SYMBOL DESCRIPTION 21 = ANY "AUTO". 22 OWNED "AUTOS" ONLY. Only. those "autos" you own (and for Liability Cover- age any "trailers" you don't own while at- tached to,. power, units you, own). .This includes those "autos", ydu'acquire own- ership of after the pMicy- begins. 23 = OWNED PRIVATE PASSE NGER."AUTOS" ONLY. Only the private passenger "autos" you own; This. includes:those private pas- senger "autos" you -acquire, ownership of after ttfe .policy begins., 24 = OWNED "AUTOS" OTHER THAN PRI- VATE -PASSENGER ,",AUTOS" ONLY. - .Only those "autos" you own that are not of the.private passenger type (and for Li- ability Coverage any trailers you don't pwn .while attached to power units you own). This includes those "autos" not of the pri- vate passenger type you acquire ownership of after the policy. begins. 25 = OWNED "AUTOS" SUBJECT TO .NO-FAULT. Only those "autos" you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those autos" you acquire ownership of after the \ policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. SECTION I - COVERED AUTOS Refer to SECTION V{ - - DE-26 = OWNED'"AUTOS" SUBJECT TO A COM- PULSORY. -,UNINSURED MOTORISTS LAW. Only. those "autos" you own that because of the law in the state where they are licensed or principally garaged are re- quired to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you abquire ownership of after the policy:bsg.ins provided they* are subject to the same state uninsured motorists re- quirement. 27 = SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM SEVEN of the Non-Dealers' and Trailer Dealers' Supplementary Schedule or ITEM NINE of 'the Dealers' Supplementary Schedule for which* s premium charge is shown (and for, Liability Coverage any "trailers" you don't own while attached to a power unit described in ITEM: SEVEN or ITEM NINE). _ 28- HIRED "AUTOS" . ONLY. •:Oniy those "autos" you lease, hire, rent, or. borrow. This does not include any ."auto"., you lease, hire, rent or borrow from any of your employees or partners or members bf their households. _ 29 = NON-OWNED "AUTOS". USED IN YOUR GARAGE BUSINESS. Any "auto" you do not own, lease, hire;.rent or borrow used in connection with your garage business described in the Declarations. This in- cludes "autos" owned by your employees or partners or members of their households while used in your garage business.. • 30 = "AUTOS" LEFT WITH YOU FOR SERVICE, REPAIR, STORAGE OR SAFEKEEPING. Any customer's "auto" while left with your "garage operations" for service, repair, storage or safekeeping. Customers include your employees or members of their households who pay for the services per- formed. CA DO 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 15 C I I POLICY NUMBER: G .[27651-00 COMMERCIAL AUTO CA 20 27 12 93 i ( THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i REGISTRATION PLATES NOT ISSUED FOR A SPECIFIC AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, Endorsement effective 10-22-96 i Named Insured Countersigned by Kristine Is Auto Sales at al (Authorized hepresentative) SCHEDULE Premiums Description of Plates Liability Personal "Auto" Uninsured Injury Medical Motorists Protection Payments UNDERINS P46-580-IF 706.50 47.00 F46-580-F 706.50 47.00 Total Premiums 1 413.00 94-00 (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. This endorsement provides only those coverages where a premium is shown in the Schedule. B. Any "auto" while used with plates described in the Schedule is a covered "auto". a ED CA 20 27 12 93 Copyright, Insurance Services Office. Inc., 1993 31 DEALERS "AUTOS" AND "AUTOS" HELD FOR SALE BY NON-DEALERS OR TRAILER DEALERS (PHYSICAL DAM AGE COVERAGES). Any "autos" and the` interests in these "autos" described in ITEM SEVEN of the Dealers' Supple- mentary Schedule or ITEM NINE of the Non-Dealers' and Trailer Dealers' Supple- -mentary Schedule. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS- . 1. If symbols 21, 22, 23, 24, 25, or 26 are en- tered next to a coverage in ITEM TWO of the Declarations, then you have- coverage for "autos" .that'you 'acquire of the.type described for th-e remainder of'the policy-period. 2. But, 'if symbol 27 is entered next to a coverage in ITEM TWO of the Declarafions, an "auto" you'.acquire will fie a covered "auto" for that coverage Drily if: It., We already cover all "autos" that you own for.that coverage or,:tt:replaces an "auto" you previously owned that had that cov- erage, and A. COVERAGE "GARAGE OPERATIONS" - OTHER THAN COVERED "AUTOS"• We will pay all sums' an 'insured` legally must `. pay, as damages 'because 'of "bodily injury" or "property damage";to"which this`Insurance ap- plies caused by an. "accident". and resulting from 'garage`' operations" other than the ownership, maintenance or.use of covered "autos", -We have. the right and *duty to defend any "in- sured" against a "'suit" asking for these damages. However; we have no duty.to :defend any "in- sured" against a "suit" seeking damages for "bodily .;injury" or "property damage". to which this insurance does.not apply. We may investigate .and settle any zlaim tor'";suit" as we consider ap- propriate. -:Our duty to.defend or settle ends when the applicable Liability Coverage Limit of Insur= ance - "Garage Operations"..- Other Than Cov- ered "Autos" has been exhausted by -payment of judgments or settlements., "GARAGE • OPERATIONS - COVERED "AUTOS" - "d: - We will' pay all sums an "insured" legally must pay •as damages becuse of "bodily injury" or "property damage' to- 'Which this insurance ap- plies, caused by an "accident"'dnd resulting from "garage operations" involving the' ownership, maintenance or use -of covered "autos". SECTION 11 - LIABILITY COVERAGE-, b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage.,'., :. C. CERTAIN TRAILERS AND TEMPORARY SUBSTITUTE AUTOS U-Liability coverage -is provided by this Coverage Form, the following types of vehicles ere also covered "autos" for Uilollity Coverage: • :'ill '"Trailers' with a load capacity of 2,000 ,pounds or less designed primarily for travel on public roads. , 2. Any "auto" you do not own while used with the .permission of its owner as a temporary substitute for a.•covered "auto" you own that As out of. service because of its: a. Breakdown;. `b. 'Repair; c.. Servicing; d. "Loss"; or a. Destruction.. s ..We will. also pay all. sums' an "insured" legally must pay as a "covered pollution cost or expense" to 'which this insurance applies, caused by an "accident" arld'resulting from. "garage operations" = -involving the ownership,."maintenance or use of covered "autos". -However, we will 'only pay for the"cDvered pollution cost of expense" if there is either'"bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". • We have .the right and duty to defend any 'in- sured-against a "suit" asking for such damages of a-coviared pollution cost or expense". How- ever, we have no duty to defend any "insured" ' against a "suit" seeking damages for "bodily in- jury"'-or "property damage" or 'a "covered pol- :Iution cost or expense" to which this insurance does not apply. We-may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability ;.. ,. Coverage Limit of Insurance -. "Garage Oper- ations". - Covered "Autos" has been exhausted ,. by payment of judgments or settlements. 44 C Page 2 of 15 Copyright, Insurance Services Office, Inc., 1993 CA 00 05 12 93 13 1. WHO IS AN INSURED (1) You. . a. The following are "insureds" for covered (2) Your partners, employees, directors or "autos": shareholders but only while acting (1) You for any covered "auto". within the scope of their duties, (2) Anyone -else while using with your 2. COVERAGE EXTENSIONS permission a covered "auto" you own, e. Supplementary Payments. In addition to '-hire or borrow except: the Limit of Insurance, we will pay for the (a) The owner or anyone else from "insured": whom you hire or borrow a covered (1) All expenses we incur. "auto". This exception does not ap- (2) Up to $250 for- the cost of bail bonds ply if the covered "auto" is a "trailer" (including bonds for related traffic law connected to a-covered "auto" you violations) required because of an "ac- °"''n ? cident" we cover. We do not have to (b) Your employee if the covered "auto" furnish these bonds. ;?..: is owned by that employee or a (3) The cost of bonds to release attach- member of his or her household. ments.in any."suit" we defend, but only (c) Someone using a covered "auto" for bo.nd amounts within our Limit of while he or she is working in a Insurance. business of selling, servicing,, re- (4) All reasonable expenses incurred by the pairing, parking or'storing "autos" "insured" at our request, including ac- unless that business is.your "garage tual. Ipss. of earnings up to $100 a day operations". because. of time off from work. (d) Your customers,' if your business is (5) All costs taxed against the "insured" in shown in the Declarations as an " " ` we dealership. However, if a any suit we defend. customer of,yours: (6) All interest on the full amount of any judgment that accrues after entry of the (i} Has no other wary, ary, excess insurance or judgment in any "suit" we defend; but (whether prim our duty to pay interest ends when we contingent), they are an "in- have paid, offered to pay or deposited sured" but only' up to the com- in court :the part of the.judgment that pulsory or financial responsibility is within our.Limit of insurance. law limits where the covered " auto„ is principally•ga b. Out-of-State Coverage Extensions raged. {fi) Has other available insurance While a covered "auto" is away from the state where it-is licensed we will: (whether primary; excess or contingent) less than, the com- (1) Increase the Limit of Insurance for Li- pulsory .or financial responsibility ability Coverage to meet the limits law limits where 'the covered specified by a compulsoryor financial "auto" is principally garaged, responsibility law of the 'jurisdiction they are an "insured" only for the where the covered "auto" is being used. amount by which the compul- This extension does not apply to the sory or financial 'responsibility limit or limits specified by any law law limits "exceed the limit of governing motor carriers of passengers their other insurance. or property, (e) A partner of yours for- a covered (2) Provide 'the minimum amounts and "auto" owned by him or her or a types of other coverages, such as no- member of h_ is br her household, fault, required of out-of-state vehicles (3) Anyone liable for the conduct of an by the jurisdiction' where the covered "insured" described above but only to "auto" is being used. the extent of that liability. • We will not pay anyone more than once b. The following are "insureds" for "garage for the same elements of loss because operations" other than covered "autos": of these extensions. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 3 of 15 11 B. EXCLUSIONS This insurance does not apply to any of the fol- lowing; 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". But for "garage operations" other than covered "autos" this exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or prop- erty.- 2. CONTRACTUAL Liability assumed 'under any contract or agreement. But this exclusion does not apply to liability for damages:- a. Assumed in a contract' or agreement that 'is an "insured contract" provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the -;-,contract or agreement; or b. That the "insured" would 'have in the ab- sence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the ` "insured's" insurer may. be held liable under any workers' compensation, disability benefits or unemployment compensation law or any " 'similar law: 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to:., a. An employee of the .",insured" arising out of and in the course of,employm_ ent by the "insured"' or b. The spouse,,. child, parent,.brother or sister of that employee as a consequence of paragraph a. above,- . c. A person arising .out of any: (1) Refusal to employ that:person.; (2) Termination of that person's employ- ment; or . , , (3.) Employment-related practices, policies, acts or -qmissions,, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hu- miliation or discrimination directed at that person; or d. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in paragraphs (1 ), (2) or (3) above as di- rected. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not. apply to "bodily injury,' to domestic employees not entitled :to workers' compensation benefits or to liability assumed by the 41 "insured". under an "insured contract". 5, FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising' ouf of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL 'Property damage" to or "covered pollution cost or expense"involving: a: Property owned, rented-or occupied by the „insured";'. ~. b. Property loaned to the "insured c. Property held=fcr..sale or being transported 'by the "insured"; or d. Property inthe "Insured's" care., custody or control; - .,But this exclusion does not apply to liability :assumed under-a sidetrack agreement. 7., (LEASED AUTOS ` A. covered "auto"'while leased or rented to others. But this exclusion does not apply to a covered "auto" you rent to one of your cus- tomers while-their "auto" is'left with you for n ' -service or repair. • ' " B. POLLUTION EXCLUSION APPLICABLE TO, GARAGE OPERATIONS" - OTHER THAN COVERED ''AUTOS- 'Bodily injury% ".property damage" or loss, cost or expense arising out of the actual, al- leged or threatened , discharge, dispersal, seepage,. migration, release or escape of "pollutants": IT `* a. At or from any premises, site or location that is pr was at,any time owned or occu- pied by, or rented or loaned to., any "in- sured"; b. At or from any .premises, site or location that is or was at any time used by or for any-"insured" or others for the handling, storage; disposal, processing or treatment of waste; CA OQ Q5 12 93 Page*4 of 15 'Copyright, Insurance Services Qffice, Inc., 1993 C 0 11 Ee ICJ C 9. At or from any premises, site or location on which any "insured" or any contractors or subcontractors working directly or indi- rectly on any "insured`s" behalf are per- forming operations: :• (1 ) To test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, 'or assess the effects of the "pollutants"; or (2) If the pollutants" are brought on or to the premises, site' o' location in con- nection with such operations by such "insured", contractor or gubcontractor; or . -rr- . , Ti . A , That are or were at any. time transported, d handled, stored,-',treated,.- disposed of, or processed as waste by or. for any, "insured" or any :person or ;organization; for whom you may be legally' iesponsible., Loss, cost or expense_.means those result- ing from/any: (1) Request, demand or order that.the "in- sured" or others test for, monitor, clean :up, remove,, contain,.;treat,,.detoxify or .-.,neutralize, or in anyway respond to, or assess the effects pf "-pollutants,"; (2) Claim or "suit" by':or on behalf of a governmental 'authority for damages because :of testing for,,,:?monitoring, cleaning up, ,removing, ;-containing, :treating, detoxifying or .neutralizing, or :ir) any way responding Ao ,or-assessing the.effects,of "pollutants", . :;;:: Paragraphs e. and c:(2) 'do not.apply to "bodiiy'injury" or "property damage" aris- -ing out of heat, •smoke'or'•fumes-from a hostile fire. In this exclusion, -a• hostile fire means one that. becomes:, uncontrollable, or breaks out from, whereat;was intended to be. POLLUTION EXCLUSION APPLICABLE TO "GARAGE OPERATIONS"' COV- ERED "AUTOS" "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage: migration, release or escape'of "pollutants": ` - ' a. That are;, or' that" 'are" contained in any property that is: (1) Being transported or towed by, han- dled, or handled for movement into, onto or from, the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3} Being stored, 'disposed of, treated or processed .in or upon xhe covered ;;ec "auto"; b. Before the "pollutants" or any property in ?? . which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or va,? • c. After they "pollutants", or any property in which the "pollutants' are contained are Wr'-,r moved from 'the covered "auto" to the -• place where they: are finally delivered, dis- posed of or abandoned by'the "insured". Paragraph a. ebove' floes not.apply to fuels, lubricants, fluids, exhaust gases or'other simi- lar "pollutants"''that are needed for or result ceV from the normaf'electrical, hydraulic or me- °' t 'chanical functionhigrbf the covered "auto" or ;o its parts, if the "pollutants" escape, seep, mi- ni-- grate, or are dischdrg6d; dispersed or released directly from an;"aufo" part designed by its manufacturer to.hpW store, receive-or dispose of such "pollutants". z • I •C/r rParagraphs b. and,. c., above of this exclusion do not apply,to,--",accidents" that occur away from premises awned by or rented to an 'in- e" sured" with .respect to pollutants .not in or upon a covered it, if; ra; (1) The "pollutants" -or any property. in „- . which then pollutants" are contained rn : ? are upset, -overturned or damaged as a result- of-1he maintenance or use of a covered "auto% and - (2) The discharge, dispersal, seepage, mi- o, gration,__rplease ..or ,:escape of the r,. "pollutants" is caused directly by such upset, ovegx m. or.damage. Eir!-10. RACING Covered autos while used- in any profes- sional or organized racing' or demolition con- test or stunting activity,=or while practicing for such contest or activity..This insurance also .does not apply, while that covered auto is being prepared for such a contest or activity. r,:,.:11. WATERCRAFT OR AIRCRAFT Any watercraft or aircraft except watercraft while ashore on premises -where you conduct "garage operations 12. DEFECTIVE PRODUCTS "Property damage" to•any of your "products", if caused by'a defect existing in your "pro- ducts" or any part of your "products", at the time it was transferred to another. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 - Page 5 of 15 13. WORK YOU PERFORMED "Property -damage" to "work you performed" if the "property damage" results from any part of the work itself or-from the parts, materials or equipment used in connection with the work. 14, LOSS OF USE Loss of use of other property, not physically damaged if caused a.._ A delay .or failure by you or anyone acting on your.,behalf to perform a contract or agreement in accordance with its terms, b, •A defect, deficiency, inadequacy or dan- gerous ,condition in your. _".products" or ."work you performed". But this exclusion, .14.b.; does not apply if the loss of use was - caused b.y:sudden and accidental damage to or..destruction of your "products" or _.r "work you performed" after they have been put,to their intended use... 13. PRODUCTS RECALL Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustment, removal of disposal of your "prodbcts" 'or "work you performed" or other property of which they'form a part, -if such product, work or property is -withdrawn or re- called from the market or from use by any person or organization, because of a known or suspected defect; !deficiency, inadequacy or dangerous condition in it. 'Bodily`-injury" or "property damage" due to war,' whether' BF not declared, or any act or condition incident-t6war, War' includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed ' under a contract or agreement, , 17, LIQUOR LIABILITY "Bodily injury" or '"property damage" for which an "insured" may be' held 'liable by reason of:'. _ a. Causing or contributing to the intoxication . of any person; • b. The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or. • • c. Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you use the premises in part for the following purposes: (1) Serving or furnishing alcoholic beverages for a charge whether or not such activity: (a) Re'qu'ires a license; or -(b) .Is for the purpose of,financial gain .or livelihood; or (2) Serving . or furnishing • alcoholic beverages wAout a charge, if a license is required for-such activity, C, LIMIT OF INSURANCE 1. AGGREGATE LIMIT OF INSURANCE - c=`? "GARAGE." OPERATIONS" OTHER THAN COVERED;".AUTOS"% For ".garage operations" other than the own- ershlp,.maintenance or use of'covered "autos", the following applies'. Regardless df the number , of 'insureds", claims made or "suits"" brought or persons or organizations 'making : claims of bringing °sults", the most'we will pay for the sum of all damages involving "garage operations" other than "auto" Is the''•Aggregate Limit of Insurance - "Garage Operations" - Other Than Covered "Autos"-for Liability.Coverage shown in the Declarations.: Damages payable under the Aggregate Limit of"Insurance - "Garage Operations" - Other Than Covered "Autos' consist of damages re- from "garage operations", other than the ownership, maintenance 'or use of the "autos" indicated in SECTION :I of this Cov- erage Form .as covered "autos",-including the ;:. following coverages,. if provided by endorse- :.... _.•..ment: ....:. •.:. - .. .:_ _,: ,r ._ •e. 'Personal injury' liability coverage; - '6. "'Advertising injury" liability coverage; ...Host liquor. liability,. coverage; d, Fire legal liability coverage; . e. Incidental medical malpractice--- liability :,tcoverag% •f.':Non-owned watercraft coverage; g. Broad form products coverage. Damages payable under the Each "Accident" Limit of Insurance "Garage Operations" - Other Than Covered "Autos" are not payable under the Each "Accident" Limit of Insurance "Garage Operations" - Covered "Autos". Page 6 of 16 Copyright, Insurance Services Office, Inc., 1993 CA 00 05 12 93 D W( 0. e aI D E 0 Subject to the above, the most we will pay for all damages resulting from all "bodily injury" and "property damage'. resulting from any one "accident" is the Each "Accident" Limit of in- surance - "Garage Operations" -' Other Than Covered "Autos" for Liability Coverage shown in the Declarations., . ;- • -.: All "bodily injury" and ",property damage" re- sulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident The Aggregate Limit of Insurance "Garage Operations" Other Than Covered "Autos" ap- plies separately to each consecutive annual period and to -any remaining period of less than 12 months,, starting with the-beginning of the policy period shown . in . the Declara- tions, unless the policy period is extended af- ter issuance for an additional period of less than 12 rimonths."In'that case,"itie additional period will be deemed part of the last preced- ing period for' purposes cif determining the Aggregate Limit of Insurance -' "Garage Op- erations" - Other Than Covered "Autos". 2. LIMIT OF INSURANCE' -. "lARAGE OP- ERATIONS" - COVERED "AUTOS" .For "accidents" resulting from. "garage oper- ations" involving the ownership,'malntenance or use of, covered "autos", the following ap- plies: Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most ,we will pay for the total of all damages and ".covered pollution cost or expense' com- bined, resulting from any one "accident" in- -volving a ;covered "auto" is the Each "Accident" Limit of Insurance - "Garage Op- erations" Covered "Autos" for Liability Cov- erage shown.-in the Declarations. Damages and "-covered -pollution cost or ex- pense" payable, under the Each "Accident" Limit of Insurance - "Garage Operations" - Covered "Autos" are 'not payable under the Each "Accident" Limit of Insurance - "Garage Operations" - Other Than Covered 'Autos'. All "bodily injury "property damage" and •bovered pollution cost or expense" resulting from continuous or repeated exposure to substantially ,the ,same conditions -will be considered as resulting from one "accident".. No one will be entitled to receive duplicate payments-for the same elements of "loss" un- der this Coverage Form and any 'Medical Payments Coverage"6nd`orsement, Uninsured Motorists . • Coverage endorsement or Underinsured Motorists Coverage endorse- .ment.attached to this Coverage Part. D. DEDUCTI.BLE We Will deduct $100 from'-the damages in any `"accident" resulting from "property' damage" to an "auto" as a result of "work you performed" on .that "auto". SECTION III - GARAGEKEEPERS COVERAGE ^' - ''; ': - .:. •c :: :. A. COVERAGE : b. Specified Causes of • Loss Covera e. J. g ? . f 1. -We will pay all .sums the ".insured".-legally Caused by: f? must pay as damages for, "loss" to a'.covered (1) Fire, lightning or explosion; "auto" or `auto`equipmfent ieftin the "in- - (z) Theft; or sured's" care. while the "insured" is attending, servicing, ' repairing, parking or storing it in (3) Mischief or vandalism. your "garage operations" under: c.. Collision Coverage,. Caused by: a. Comprehensive Coverage. From any cause (1) The covered "auto's" collision with an- except: " other object; or. -? .,. (1•) The covered "auto's" collision with an- (2) The covered "auto's" overturn, other object; or (2} The covered "auto's"'6verturn. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 7 of 15 0 2, We have the right and duty'to defend any "insured" against a "suit" asking for these damages. However, we have -no duty to de- fend any "insured":;against a "suit" seeking damages for any loss to which this insurance _ does not apply. We-may. investigate and settle any claim or "suit" as we-consider appropriate. Our duty to defend or settle ends for a cover- age when the Limit of Insurance fotaoof erage has been exhausted by payment judgments or settlements. :. 3. WHO IS AN INSURED The following are- "insureds" for loss" to .•,?.• _ covered "autos", .::._ a. You, b. Your partners, employees; directors or shareholders.while acting within the scope of their duties as such. 4. COVERAGE EXTENSIONS Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "in- sured a. All expenses we incur.. b, The: cost of bonds to release attachments in any "suit" we defend, but'oniy for bond amounts-within .our Limit of Insurance. c. All reasonable expenses inci rred.by th'e "insured".;at our request, including actual loss of earnings .up to $100 a day because of time off from work... d. All costs tared against the "insured" in any "suit" we defend. e, All interest on the. full amount of the' judgment that accrues after `entry judgment in any, "suit" we defend,, but our duty to pay interest ends when we have court paid, offered to pay the part of the judgment that is within our Limit of Insurance. r B. EXCLUSIONS 1. This insurance doe's not apply to any of the following:- Contractual Obliga tiOns- Liability resulting from arty agreement by which the "insured" accepts responsibility for "loss". _ • b. Theft. ,.' `.. . '"Loss" due' to theft or conversion caused in any way by'You, your employees or by ` your shareholders. ` c. ..Defective, arts. ), Defective'parts or materials:-- ' d. Faulty Work. t,.:.. - :?. Faulty. "work you performed"•. 'We will not pay for "loss" to any,of the fol- lowing: j„ al Tape decks or tether 'sound'; reproducing :.equipment unless permanently installed in --••a covered."auto":;?? ... .. ••• "'b.; Tapes,-records of other sound reproducing devices 'designed `for use' with" sound re- :. , .•.,•,c. • "producing equiprnenf.. fc. Saund, receivjng .equipment designed for use as a citize band radio, two-way mobile radio or .telephone for scanning r, including its antennas :. monitor .receive, s; and other eccessones,.unless permanently installed in the dash ;or console opening ;.: normally used by..the :"auto", manufacturer - for the installation of a radio'.;-- d. Equipment designed nr used;for the de- tection •or location of i der: C. LIMIT OF INSURANCE AND DEDUCTIBLE 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or 'suits" brought, the most we will pay for each "loss" at each location is the Garagekeepers Coverage Limit of Insurance shown in the -? t •: Declarations for that location minus the ap- piicabie deductibles for "loss" caused by col- lision, theft or mischief or vandalism. 2. The maximum deducti6ie stated in the Decla- ' `- rations for_ Garagekeepers Coverage Compre- hensive or Specified Causes of Loss Coverage is the most-that will be deducted for -all "loss" in any one,?event caused by theft or mischief or vandalism. 3. Sometimes to settle a claim or "suit", we may pay all or any part of the deductible. If this happens you must reimburse us for the deductible or that portion of the deductible that we paid. . Ll L1 E CA 00 05 12 93 D Page B of 15 Copyright, Insurance Serv ices Office, Inc., 1993 E 0 11 SECTION.JV„- PHYSICAL DAMAGE COVERAGE A. COVERAGE '-'-4. Coverage Extension. If your business is shown as something t the covered "auto" or 1. We will pay for "loss" to a pay up to $15 we will o" dealership, an , its equipment under: _ per day to a maximum of $450 for transporta- Comprehensive Coverage. From any cause a tion expense incurred by you because of the " . except: of the private total theft of a covered "auto ' ' (1) The covered "auto's" collision with an- those for passenger -type. We' will pay only covered "autos" for which' you carry either other object;. or :. 'Comprehensive 'or Specified Causes of Loss The covered "auto's" overturn. (2) Coverage. We will pay for trarisportation ex- -b. Specified :Causes of Loss Coverage, penses incurred during the period beginning 48 hours after the theft and ending, regardless Caused by: -of the policy's. expiration, when.the covered (1) Fire, lightning or explosion; "auto tlris returned to use or we, pay for its (2) Theft; "loss". j (3) Windstorm, hail or earthquake; B. EXCLUSIONS - " - (4) Flood; 1.: We will not pay for "loss" caused by or re " " (5) Mischief or vandalism; or : ?.::• loss suiting from any of the following. Such r " is excluded -regardless of any other cause o (6) The sinking, ..burning, '-:collision or :- event that contributes concurrently or in any . derailment .of any conveyance trans- :. sequence to the "loss". ' pdrting the covered .auto . ,., a, Nuclear Hazard. = c. Collision Coverage; _Caused by , - 0) The explosion of any weapon employ- (1) The covered "auto's" collision with an- ing atomic fission or fusion; or -" other object; or -(2) Nuclear reaction or. radiation, or radio- (2) The covered "auto's".overturn. active contamination, however caused. 2. Towing - Non-Deelers'Dnly;''I?•a b. War or Military Action. ' If your business is sh'owri'in the Declarations {1) War; including .undeclareii or civil war; as something other than ih "auto" dealership, D h ' ' action "by "a military force, in- (2) Warlike ec- e in t iimft Ahown we will pay up to the , ;eluding action irl hindering or defend- larations for towing and labor costs incurred t i " " =:ing against .`an...actual -or expected e va of the pr auto each time a covered assenger type is disabled. Howevjar, the labor attack, by any government, sovereign p must be :;.perf ormed : at .: the %place of or other authority using military per- sonnet or other-agents; or disablement. Glass Breakage" Hitting a Bird or Ani- 3 (3) Insurrection,'' '.rebellion, ", revolution, . mall - Falling Objects or Missiles, usurped power or action taken by gov- ernmental authority in hindering or de- lf you carry Compre} ensive Coverage for the fending against any of these. damaged' covered "auto' mill pay for the We will not pay for H' 6siH to any of the fol- 2 following under Comprehensive Coverage: . lowing: , P. Glass breakage; .,? . -;, ;, a. Any covered auto leased or rented to b. "Loss" caused by hitting a bird or animal; others unless' rented'to one of your CUs- % and '? • tourers while their "auto" is left with you c. "Loss" caused'by falling objects or mis- for service or repair. b. Any covered' "auto" while used in any However, you have the option of having glass professional or organized racing or demo- breakage caused by a covered "auto's" colli- lition contest or stunting activity, or while sion or overturn considered a "loss" under practicing for such contest or activity. We Collision Coverage, will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such contest or activity. CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 9 of 15 ? c. Tapes, records, discs or other?similar audio, visual or date electronic devices designed for use with audio, visual or data electronic • equiPmer)t. - . d,' Equipment designed or used for the de- • ?" ? tection or location of radar, • • •• ' ?? s, Arty electronic •equipment, without regard to whether ihis equipment Is permanently ' installed, that receives .or'transmits .audio, • "? visual or date signals and that is not de- ' ,i.?,;:;':signed solely.;, for 'the: reproduction of sound. • ... -? . , .. . ?. .f. Any accessories used with xhe .electronic ,.. equipment described :in paragraph e, above, " "? Exclusions Z.e, end Z,f, do not apply to: •e, Equipment designed solely for the reprod- • ? ' uation of sound and accessories used with :• such equipment, provided such equipment • ?' is permanently installed in the covered "auto" at the time of the '"loss" or such equipment is removabie..from, a housing unit which is permanently installed in the ' covered "auto" at the time of the "loss", and such equipment is designed to be .... solely operated by use of?the power from ,. ? rthe "auto's" electrical .system, in or upon the covered ."auto"; or ..; .. . b. Any other-electronic equipment that is: (7) ,Necessary.?for.the normal operation of .the covered "auto" or the monitoring ,_ ?.,of the covered, "auto's" .operating sys- • ? ' "(2) An integral .part of?the same unit hous- ing any sound reproducing equipment . -;,,..a. described in a..above and permanently ,. installed in the, opening of the dash or ' - • •?? console of the.covered "auto" normally J ? used by the, manufacturer for installa- tion of a radio, 3. False Pretense. We will not pay for "loss" to a covered "auto" caused by or resulting from: a. 5omeone?.?ausing you to voluntarily part '` ,.:. with it by .trick or scheme or under false pretenses; or ; . ?.: ?. ?• .b. Your acquiring an "auto" trom a seller who ', . did' not have legal title. ; ? • 4. If your business is .shown in the Declarations as an "auto" dealership,•we.will not pay for e. Your expected profit. • b.. "Loss" to any. covered ?"auto" displayed or stored at any location not shown in iTEM THREE of the Declarations if the "loss" occurs more than A5 days after your use of the location begins. • ? ? c. Under the Collision Coverage, to any cov- ered "auto" while being driyen or trans- , ported from the, point of purchase or ' distribution to its destination if such points are more than 5d road miles apart. d, • Under the Specified ?Causes?o# Loss Cov- erage, to "loss" to any covered "auto" ' - caused by or resulting from the collision or upset of any vehicle transporting it, • b, Other Exclusions, i-',? '.• .•?•? ,, . • We will not pay for "loss" caused by or re- sulting from any of the 'following unless caused.by other "loan".:thai is covered by this insurance: • • ? ., ; _ a, Wear and tear, freezing,, mechanical or electr)cal breakdowti;• '' ? ' 6, Blowouts, punctures or oftier road damage C. LIMITS OF INSURANCE.??;s .y:._ • - 1. The ?irmcst'vve will pay for ?"loss" to any one covered "auto" is'the {asset cf; ?? e. Tlie'actuel cas`ti value of the damaged or .. stolen .property as of •the time of "loss"; or b. The cost of repairing: 'or replacing the damaged or stolen property with other prope,rtY, of like kind and quality. ,.. •, . 2, For those 'businesses shown in the Declare- : .,?,,tions as."auto° dealerships, the following .. ,provisions .also: apply; , ..•. • •, • . , • • • a. Regardless ' of the number of• :covered •- • ?. ? •"autos" ..involved in the "lass", the most • -. •? -• we will pay for all •"loss at any one lo- "" cation is the amount shown in the Auto Dealers Supplementary Schedule for that location., Regardless, of the • number of • covered •"autos" invglveci in.the "loss", the most we will pay for all "loss" in transit is `'?' rc' the, amount •showri 'in the Auto Dealers ?'? '=' Supplementary' Schedule -for "loss" in transit. •' .- • - b. C2uarterJy or Monthty Reporting Premium ' •:?i^ Basis. if, on the date of .your last repart, the actual value of the covered "autos" at the ,,,_.? ,: _°.loss",location,exceeds what you last re- ported, when a "loss" occurs, we will pay only a percentage of what we would oth- -•• ' erw'sse be•obligeted to pay, We will deter- ' '" ? mine this percentage •by dividing your total • "reported value for the involved location by the value you actually .had on the date of your last report. • r? f` Page 10 of 15 Copyright, Insurance Services Office, Inc„ 1993 CA OO.f)5 12 93 D 0 0 If the first report due is delinquent on the date of "loss", the most we will pay will not exceed 75 percent of the Limit of In- surance shown in the Auto Dealers Sup- plementary Schedule for the applicable location. c. Non-Reporting Premium Basis., "If, when "loss" occurs, the total value of your cov- ered "autos" exceeds the Limit of Insur- ance shown in the Declarations, we will pay only a percentage of what we would otherwise be obligated to pay. We will determine this percentage by.dividing the limit by the total values you actually had when "loss" occurred. , D. DEDUCTIBLE For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by :the • applicable deductible shown in the Declarations ,provided that: 1. "Auto" Dealers Only Special Deductible Provisions. If your business is shown in the Declarations as an "auto" dealership: a. The Comprehensive or Specified Causes of Loss Coverage deductible applies only to "loss".-caused by theft or mischief or vandalism. b. Regardless • of the - number of covered "autos" damaged or stolen, the per "loss" deductible.for Comprehensive or Specified Causes bf' Los`s.' coverage shown in the Declarations is the. maximum deductible :applicable for 'all„ "loss" inr any one event caused by 'any 'theft" or' mischief or vandalism, 2. Non-Dealers 'bniy. 'Special Deductible Provisions. If your business is shown in the Declarations as something other than' an. "auto" dealership, the Comprehensive' Cov8 ag deductible does not apply to "loss" caused by •fire•or lightning. V! (D SECTION V - GARAGE CONDITIONS The following conditions apply in addition. to. the ' _ 2.: DUTIES IN THE EVENT OF ACCIDENT, , SUIT OR LOSS . CLAIM Common Policy Conditions: . : , A. LOSS CONDITIONS ' a. In the event of "accident", claim, "suit" or "loss..", you must dive us or our authorized DAMAGE = 1. APPRAISAL' FOR PHYSICAL representative prompt notice, of the acci- LOSS '. . ' ."' dent or "loss".;include; ,. If you 'and we disagree on the amount of , (1) How; when and where .the "accident" "loss", either inay demand an appraisal of the " " or :loss .occurred; "loss". In this event, each party Will select a The two appraisers will aiser t t (2) The "insured's" name and address; and . compe en appr ;• select a competent and impartial umpire. %(3) To the extent-possible, the names and The appraisers'will state separately the actual addresses of any injured persons and cash value and amount of "loss". If they fail witnesses. •:!% 3v ;. to agree,'they will submit their differences to b. Additionally, you and any other involved the umpire: -A decision' agreed to by any two "insured" must: :? :.. -- will be binding. Each party will: (1) Assume no obligation, make no pay- a. Pay its chosen appraiser; and -ment or incur no expense without our b. Bear the other expenses of the appraisal consent; except at the "insured's" own and umpire equally. cost, _ , . If we submit to an appraisal, we will still retain ... (2) Immediately send us copies of any re- our right to deny the claim. quest, demand, order, notice, summons - or legal paper received concerning the claim or suit , . ;? . (3) Cooperate with us in the investigation, settlement.or defense of the claim or "suit". CA 00 05 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 11 of 15 C (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination at-our expense, by physicians of our choice, as often as we reasonably require.. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the cov- ered-"auto" or any.,of Its equipment is stolen, (2) Take all reasonable.steps to protect the covered "auto" from 'further damage. ' Also keep a record Hof your expenses for consideration in the settlement of the claim. - (3) Permit us tp inspect. the. covered "auto" and••records proving the.".loss"• before its repair or disposition. '(4) ;agree to examinations under oath at our.requ'est'and give us a signed state- 9 answers. 3. LEGAL ACTION AGAINST US . No one may bring a legal action .against us under this Coverage Form untif? ` a':- There has been full compliance with all the terms of this Coverage•Form; and b. Under Liability Coverage', we agree in writing that the "insured" ftas•an obligation . to pay or until .the arn6u6t'Df that obli- gation has finally been" determined by judgment.after trial. No one ha's the right under this policy to bring' us.into an action to determine the "insured's" liability. 4. LOSS PAYMENT._ PHYSICAL DAMAGE COVERAGES .:,r 7C At our option we may: •. a. Pay for, repair or replace -damaged or sto- len property F- b. Return the stolen property,-.at our expense. We will pay for:any damage-that results to "-the 'auto" from-the-theft; or. • c, Take all or any part of the damaged or stolen property at.an.,agreed or appraised .value.. . , .,-ncs::.;: • ,,,. 5. TRANSFER OF RIGHTS 'OF RECOVERY AGAINST OTHERS TO US.- .. If any person or organization to or4or whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or j the "insured's" estate will not relieve us of any obligations under this Coverage Form. .2, CONCEALMENT, MIS-REPRESEN- TATION OR FRAUD - This Coverage Form is void. in any case of fraud 'by, you at any 'time-as it relates to this Coverage Form. It' is..also void if you or any othef,.'"insured"; *at *any Aime, 'intentionally -conceal ot'misrepresent•.a material fact con- }' oerriing:' ??: • ...... - .. ,,?., a. This Coverage Form; b. The covered "auto"; , i• c: : Your rrterest, in' the covered ".auto"; or,- ;. d-. A,claim under this Coverage Form, - - -1- iBERALIZATI01V ' If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- _. vision,- Ts -effective in your .state, 4: NO.:•BENEFIT:.TO .SAILEE• PHYSICAL DAMAGE COVERAGES We will not recognize •ariy as"sigrihient or grant any coverage for the-benefit.of, any person or organization holding, storing or jransporting property for, a fee regardless of any other pro- vision of this Coverage Form, ;.?:. . 5.-0THER INSURANCE.. a:,,Fot•'• any covered '!auto';° you own; this Coverage Form -.provides "primary. insur- ance,., For any cpvered. "auto you don't ...Own, the insurance provided, ':by, this Cov- erage Form .is excess over. arty other collectible insurance., However, while a covered "auto".,which is. a "trailer" is con- nected to' another vehicle, the Liability Coverage 'cliffs Coverage Form `provides for ir, . , the "trailer";is:.. asn: :. r,: = ?.. c .c (1) Excess while itls"i:onnectea,to a motor •vehicle,you do not own;...,- s.. (2) Primary while 'it is connected to -a cov- ered "auto" you own, b, For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own,- However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", page 12 of 15 Copyright, insurance Services Office, Inc., 1993 CA OD 05 12 93 11 Cl 4 D during the policy.- period shown in the, Decla- c. Regardless of the provisions of•paragraph rations and;??++within the coverage territory. a, above, this Coverage Forms Liability coverage is primary for any liability as- The coverage territory, is:. Burned under an 'insured contract •yo'a. =The United States of -America; . The tterritories and possessions of the d. When this Coverage Form an b d any other " aJe States of "America; ' "Coverage Form or 'policy covers on the same basis, either excess or' primary, we c, Pueri~o?Rico; aricJ` '? will pay only our share. Our share is the ; +. r0 ' - ' -' proportion that the Limit -of Insurance of ; d. •Canadv. 'lie, .ial," 2-.: q.6 our Coverage Form bears to the total of the We also•cn'vei??"bodily injury°r "property dam limits of all the Coverage Forms and poli- ;` age", ":covered. pollution cost or expense" and ties covering on the same basis. "'losses" .,while ;a ,covered "auto" is being 6. PREMIUM AUDIT .. transported between any of these places. ' territory is 'extended to any a. The estimated premium for this Coverage `.: Thewhere in the-World ?vvorld if. the bodily injury" or Form is based on the exposures you told us you would have when this policy be- „property damage".?is.•caused by one of your be- gan. We will compute the final premium "products" whlch4..sold,for use in -the United due when we determine your actual expo- States of,.;America,•its" territories nor pos- sures. - The estimated total premium will sessions,. Puerto Rico or Canada. The original be credited against the final premium due : _"suit" for damages resulting,from such "bodily d be brought injury".or:'properw.. damage" must and the first Named Insure willbe billed in one of.thesepjaces,?,:;? r, . for the balance, if any. If the estimated - total premium exceeds the final' premium TWO OR-MORE-COVERAGE FORMS OR due, the first Named insured will get a re- BY US POLICIES ISSUED fund. _ .. If this Coverage Form and any other Coverage .b. If.this policy is issued for more 'than one , -Form Dr. policy issued to you by 'us' or any :year, the ;premium for this .Coverage Form company affiliated with us apply to the same will be computed annually based on our "accident"; the aggregate maximum Limit of rates 'or premiums in effect at`the begin- Insurance, under- all 'the Coverage Forms or ning of each year of the policy.; ; policies shall not exceed the highest app'ca - 7. POLICY PERIO j D, C_ OVERAGE.. TERRI- ble Limit of.Insurance under. any one Cover age Form :oi. policy. This condition' does not TORY ,: - overage Form ,or policy issued to in under this Coverage Form,.we cover: r bypuS or an affiliated corripany specifically to a. "Bodily injury",. "property damage" and apply as excess insurance over-this Coverage "losses" occurring; and Form. - b, "Covered pollution cost or expense" aris- ?F ing out of"accidents" Occurring r..- SECTION VI - DEFINITIONS " includes continuous or repeated ex- ,:.• that the ".insured`: or others test for,: monitor, A, "Accidant 'bodily -clean up, remove, contain ,-treat, detoxify or neu- posure to the same conditions resulting in bodily ... tralize, or in any way respond to, or assess the injury",or "property damage".. . ...T effects of "pollutants 11iLr;'•_. :? B. "Auto" means a land motor vehicle, trailer or "Covered pollution cost.or expense" does riot in- semitrailer, clude any cost or -expense arising out of the ac- C. "Bodily injury" means bodily injury, sickness or tual, alleged or threatened discharge, dispersal, disease sustained by a person including death 'Seepage, migration, -}e}ease or - escape of ..: -resulting from any of these. "Pollutants"' -'' - D. "Covered pollution cost or expense" means any a. That areor' that are contained in any cost or expense arising out of: property that is: 1. Any request, demand or order; or 1. Being transported or towed by, han-led g. Any claim or "suit"- by or on behalf of a gov- odied, nto orr ha the coon mo em nt into, from ernrnental authority demanding • Page 13 of 15 n A ft„ ME -1 o, rnnvrinhl. Insurance Services Office, Inc., 1993 2. Otherwise in the course of transit by or on behalf of the "insured"; 3. Being stored, disposed of, treated or processed in or upon ..the covered "auto"; or . b. Before the pollutants" or any. property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "euto";.ar. c. After the "pollutants" or any property in which the-."pollutants" are contained are moved from the covered ""auto" to the place where they are finally delivered, dis- posed of or abandoned by the, ".insured". Paragraph a. • above doe's not 'apply to fuels, = lubricants, fluids, exhaust gases or other simi- lar "pollutants" that, are"needed for or result from the normal electrical, hydraulic-or me- chanical functionl'rig of the covered "auto" or its parts, if the "'pollutants" escape, seep, mi- grate, or are discharged;-dispersed or released directly from' en `'auto` .part designed by its manufacturer to hoid,:store, receive or dispose of such "pollutants";;: ,.. , Paragraphs b. and c. above do not apply to "accidents" that occur .away from premises owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a covered -: .n "auto" if:. } I :... ic- ' .•.r (1) 'The "pollutants" Dr ariy property in - which .the ."pollutants" • are contained = are upset, overturned or damaged as a result of .the maintenance or use of a covered "auto"; antJ (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Garage' operations" means . the ownership, i• maintenance or use.of .locations for garage busi- ness and that portion of the roads or other ac- cesses that adjoin these locations; "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION •1 of this Coverage Forrp as.•covered -"autos"-"Garage operations" also include all operations necessary or incidental to a garage business.., F. "Insured" means any person or organization qualifying as an insured in.the Who Is an Insured provision of the applicable coverage. Except with respect to the Limit - rii Insurance, the coverage afforded applies separately to each insured who is seeking coverage or' against whom a claim or "suit" is brought. G, "insured contract" means; 1, A lease of premises; ; 2. A sidetrack agreement;,:.;: :3. Any easement or license agreement, except in connection with. construction or demolition operations on or within 50 feet of a railroad; 4. Ah obligation, as required by ordinance, to indemnify a municipality, except in con- nection with _work , for a municipality; B. That part of any'other' contract or agreement pertaining to your garage business (including an indemnification,of' a municipality in con- nection with. work performed for a munici- , r pality) under. -which.. you ;assume the tort liability of another 1o pay for "bodily injury" r or property damage".'to a third.party or or- ganization. Tort liability means a liability that :. would be imposed by law in the absence of any contract or agreement,., ?`$. Ar'alevator mairiteriance agreement; -." .7, • That part of any contriact-or agreement entered into, as part of y6di,garage business, pertain- ing to the rental or fease, by you or any of your employees, of any auto".. However, such contract or agreement shall not be considered rn " an insured contract'`rto the extent that it ob- ligates you or -any ',of•y%our employees to pa "property damage" "fib' any "auto" rented or leased by you or anybfpyour employees. IF' An'"insured contract" db'es not include that part of any contract or agreement: ' 1. That indemnifies ' ari"architect, engineer or .surveyor for injury or damage .arising out of: a. Preparing, approving-or failing to prepare :or approve maps, " drawings, opinions, re- ports, surveys, change orders, designs or specifications; or -b.- -Giving directions or instructions, or failing -to give them, if that is the primary cause of the. injury or damage.. 2. That indemnifies any person ores rgehiza ion .tor -damage by fire: to loaned to you. .3.-.That pertains to the loan, lease or rental of an "auto", to you or any of your employees if the "auto" is loaned,:: leased, or rented with a .....driver; or 4. That holds a person ;or organization engaged in the business of transporting property Y "auto" for hire harmless for your use of a covered "autoi" over a route or territory that person or organization is authorized to serve by public authority. E 41 CA DO 05 12 93 0 Page 14 of 15 Copyright, Insurance Services Office, Inc., 1993 0 a 11 H. "Loss" means direct and accidental loss or dam- age. But for Garagekeepers Coverage only, "loss" also includes any resulting loss of use. . 1. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, . vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. J. "Products" includes: a. The goods or products you made or sold in a garage business; and .j b. The providing of or failure to provide warnings or instructions. , K. "Property damage" means damage to or loss of use of tangible property. - L. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or :"prop- erty damage"; or ; 2. A "covered pollution cost or expense", .' to which this insurance applies; are claimed. - "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent: or b. Any -other alternative dispute resolution proceeding in which such damages or .. "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. M. "Trailer" includes semitrailer. N. "Work you performed" includes:. s. Work that someone performed on your behalf; and b. The providing of or failure to provide warnings or instructions. 4? CA 00 05 12 93 Copyright, Insurance Services Dffice, Inc., 1993 Page 15 of 15 ? COMMON POLICY CONDITIONS 11 0 All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this polic by mailing or delivering nnotice of the first on at least: red a. 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or anydate her if r we the cancel effective b. ca30 ncel ationbefore reason. 3. f rWe will st Named l Insu ed's deliver our eadto the dress known to us. 4. Notice of cancellation will state the ef- fective date of cancellation. The policy period will end on that date 5, If this policy is cancelled, we will send the first Named Insured any premium re- fund due. If we cancel, the refund will cancels, the refuthe first nd may be Insured rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements be- tween you and us concerning the insurance afforded. The first Named insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RE- CORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 0. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we f ind; and 3. Recommend changes. Any inspections, surveys, reports or rec- ommendations relate only to insurability and the premiums to be char d. We do not make safety inspections. Vile do not under- take to perform the duty of any person or organization oif workers s provide the for p public, health or And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar - erections, surveys, reports orsrecommen . dations. E. PREMIUMS The first Named Insured shown in the Dec- larations: 1. Is responsible for the payment of all premiums, and 2. Will be the payee for any return premi- ums we pay. F. TRAN THIS POLICY YOU RIGHTS AND DUTIES UNDESFER Your rights and duties under this policy may not be transferred without our written con- sent except in the case of death of an in- dividual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. C IL 00 17 11 85 Copyright Insurance Services office, Inc, 1983, 1992 IL 00 21 11 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION 'ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL. AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART TSICOMPLETED OPERATIONS LIABILITY COVERAGE PART PROD UC LIQUOR LIABILITY. COVERAGE PART " • ' POLLUTION LIABILITY COVERAGE PART ND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART OWNERS A RAILROAD PROTECTIVE LIABILITY COVERAGE PART ND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF SPECIAL PROTECTIVE A TRANSPORTATION : - 1. ,. UNDERGROUND STORAGE TANK POLICY uclear material' (a) is at any 'nu- Th ' 1, The insurance does not apply: n e (1) clear facility" owned by, or operated by or A. Under any Liability Coverage, to "bodily in- on behalf of, an "insured" or (b) has been jury" or "property damage"; discharged or dispersed therefrom; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in the policy is also an insured under a nu- ^spent fuel" or "waste" at any time pos- clear energy liability policy issued by Nu- sessed, handled, used, processed, stared, clear Energy Liability insurance transported or disposed of, by or on behalf Association, Mutual Atomic Energy Liabit- of an "insured"; or ity Underwriters, Nuclear Insurance Asso- of their (3) The "bodily injury" or "property damage" ciation of Canada or any or would be an insured under r arises oUt of the furnishing by an "in- s, successo any such policy but for its termination sured" of services, materials, parts or equipment in connection with the plan- upon exhaustion of its limit of liability; or " opera- maintenance, con ning , (2) Resulting from the "hazardous properties struction, if facility", but or lion of "nuclear material" and with respect to such facility is located within the United • which (a) any person or organization- is States of America, its territories or pos- required to maintain financial protection sessions or Canada, this exclusion (0) ap- pursuant to the Atomic Energy Act of 1954. plies only to "property damage" to such or any law amendatory thereof, or (b) the "nuclear facility" and any property thereat. "insured" is, or had this policy not been issued would be, entitled to indemnity 2. As used in this endorsement: from the United States of America, or any "Hazardous properties" includes radioactive, agency thereof, under any agreement en- toxic or explosive properties. tered into by the United States of America, 'Nuclear material" means "source material", or any agency thereof, with any person or "Special nuclear material" or "by-product mate- organization. rial" B. Under any Medical Payments coverage, to 'Source material", "special nuclear material", expenses incurred with respect to "bodily in- and "by-product material" have the meanings jury" resulting from the "hazardous proper- given them in the Atomic Energy Act of 1954 or lies" of "nuclear material" and arising out of " in any taw amendatory thereof. by any the operation of a "nuclear facility erson or organization. "Spent fuel" means any fuel element or fuel d p Under any Liability Coverage. to "bodily in- C component, solid or liquid, which has been use osed to radiation in a "nuclear reactor". ex . jury" or "properly damage" resulting from " or p , "hazardous properties" of "nuclear material if: rl COMMERCIAL AUTO CA 01 SO OS 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD IT CAREFULLY. PENNSYLVANIA CHANGES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Conditions 1. The following is added to the Loss Condi- tions Section: Paragraph A.2.b.(S) of the Duties In The Event Of An Accident, Claim, Suit Or Loss Condition is replaced by the following: After we show good cause, submit to exami- nation at our expense, by physicians of our choice. 2. The following is added to the General Con- ditions Section: CONSTITUTIONALITY CLAUSE The premium for, and the coverages of, this Coverage Form have been established in re- liance upon the provisions of the Pennsylva- nia Motor Vehicle Financial Responsibility Law. In the event a court, from which there is no appeal, declares or enters a judgment, the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part, we shall have the right to recom- pute the premium payable for the Coverage Form and void or amend the provisions of the Coverage Form, subject to the approval of the Insurance Commissioner. 101 POLICY NUMBER: 0 COMMERCIAL AUTO CA 21 92 11 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT. CAREFULLY. PENNSYLVANIA UNINSURED MOTORISTS COVERAGE - NONSTACKED For a covered -motor ' modifies i?supancepprlovided garaged in, then owl 9g; operations" conducted in. Pennsylvania, this endorsement BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is in- dicated below: Endorsement effective Named insured Countersigned by (Authorized Representative) is 0 complete this endorsement will be shown in the Declara- no entry appears above, information required to c (If tions as applicable to this endorsement) SCHEDULE LIMIT OF INSURANCE Each "Accident" A. COVERAGE 1, We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "in- sured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of an "uninsured motor vehicle". 2. No judgment for damages arising out of a "suit" brought against the owner or operator of an "uninsured motor vehicle" is binding on us unless we: a, Received reasonable notice of the pendency of the "suit" resulting in the judgment; and b. Had a reasonable opportunity to protect our interests in the "suit'. B. WHO IS AN INSURED 1. You. 2, if you -are an individual, any "family member". 3. Anyone else "occupying" a covered "motor vehicle" or a temporary substitute for a cov- ered "motor vehicle". The covered "motor vehicle" must be out of service because of its breakdown, repair, servicing, "loss" or de- struction. 4. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. EXCLUSIONS This insurance does not apply to any of the follow- ing: Hw- -1. Any claim settled without our consent'f such ever, this exclusion does not apply settlement does not adversely affect our .rights of recovery under this coverage. . cor,ii,-PS offire. Inc.. 1995 Page 1 of 3 0 PDLICY NUMBER: COMMERCIAL AUTO CA 21 93 11 95 .THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.'. PENNSYLVANIA UNDERINSURED MOT: . AGE - NONSTACKE® COVER. :.: conducted "motor'vehicle' 1'icensed or•principally garaged in, or 'garage opefations",. in, For a covered provided under the following: i Pennsylvania, this endorsement modifies insurance 11 - 1' BUSINESS AUTO COVERAGE FORM GARAGE .COVERAGE FORM MOTOR CARRIER COVERAGE FORM Nr „t, ?.., _ n - TRUCKERS COVERAGE FORM .. I unless With respect to coverage provided by this endorsement, the provisions of the Coverage Form app:y modified by the endorsement. •- • unless another date is in- This on the inception date of the policy G This endorsement changes the policy e dicated below: Endorsement effective „ . Countersigned by ` Named insured ` (Authorized Representative) SCHEDULE LIMIT OF INSURANCE _ Each "Accident" $ _ f no entry appears above, information required to Complete this endorsement will be shown in the Dec ara- (I lions as applicable to this endorsement.) (1) Have been given prompt written notice A. COVERAGE of such tentative settlement; and 1. We will pay all sums the "insured" is legally (2) Advance paymdnt'to the "insured" in entitled to recover as compensatory damages an amount,.. equal.. to the tentative from the owner or driver of an "underinsured settlement within 30 days after receipt motor vehicle". The damages must result of•notification. . ;;,: . from "bodily injury" sustained by the in- . out of a •sured" caused by an ".accident": The owner's 3; No judgment'?for"damages arising erator wner result liabi'lity for these damages must suit' brought nership, maintenance or of an u derirx v edsmotoroveh cle risbinding • result from thee ow P use of an "underinsured motor vehicle". on us dniess we: 2, We will pay under this coverage only if a. or a. Received reasonable notic resultinge lies: pendency of ,.. b. below app in the •''-' ' ' judgment; and a. The limits of any applicable liability bonds o, tunity to protect or policies have been exhausted by judg- b. oud interests asonin the oppor menis or payments; or • b. A tentative settlement has been made be- tween an "insured" and the insurer of the "underinsured motor vehicle" and we: i,,,. a oor Page 1 of 4 i COMMERCIAL AUTO CA 25 16 07 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION GARAGE COVERAGE FORM . NON-AUTO EXPOSURE This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. As used in this endorsement: LIABILITY COVERAGE is changed as follows: Exclusion 8. POLLUTION EXCLUSION APPLICABLE "Loss, cost or expense" means those resulting from TO "GARAGE OPERATIONS" - OTHER THAN COV- any: ERED "AUTOS" is replaced by the following: (1) Request, demand or order that the "in- 8. "Bodily injury", "property damage" or "loss, cost sured" or others test for, monitor, clean or expense" which would not have occurred in up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or whole or in part but for the actual, alleged or assess the effects of "pollutants"; threatened discharge, dispersal, seepage, mi- gration, release or escape of "pollutants" at any (2) Claim or suit by or on behalf of a govern- time, mental authority for damages because of testing for, monitoring, cleaning up, re- moving, containing. treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". CA 25 16 07 95 Copyright. Insurance Services Office, Inc.. 1995 Page 1 of 1 O IL 09 101HO 291 (Ed. 01 81) PENNSYLVANIA NOTICE An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide services to reduce the likelihood of injury, death or loss. These services may include any of the following or related services incident to the application for, issuance, renewal or continuation of, a policy of insurance: 1. surveys; 2. consultation or advice; or 3, inspections, The "Insurance Consultation Services Exemption Act" of Pennsylvania provides that the Insurance Company, its agents, employees or service contractors acting on its behalf, is not liable for dama es from injury, death or loss occurring as a result of any act or omission by any person in the furnsihing of or the failure to furnish these services. The Act does not apply: 1. if the injury, death or loss occurred during the actual performance of the services and was caused by the negligence of the insurance Company, its agents, employees or service contractors; 2, to consultation services required to be performed under a written service contract not related to a policy of insurance; or ,,, 3. if any acts or omissions of the Insurance Company, its agents, employees or service contractors are judicially determined to consititute a crime, actual malice, or gross negligence. instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates insuring risks located in Pennsylvania IL 09 10l1-10 291 (Ed. 01 81) IL 02 46 09 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES -- CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART' COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • This endorsement does not apply to coverage provided for employee dishonesty (Coverage Form A) or public employee dishonesty (Coverage Forms 0 and P). A. The Cancellation Common Policy Condition is c. A condition, factor or loss experience ma- replaced by the following: terial to insurability has changed substan- CANCELLATiON tially or a substantial condition, factor or 1. The first Named Insured shown in the Declara- tions may cancel this policy by writing or giving notice of cancellation. 2. Cancellation Of Policies In Effect For Less Than 60 Days We may cancel.this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least 30 days before the ef- fective date of cancellation. 3. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in eff ect for 60 days or more or if this policy is a renewal of a policy we issued, we may cancel this policy only for one or more of the following reasons: a. You have made a material misrepresenta- tion which affects the insurability of the risk. Notice of cancellation will be mailed or de- livered at least 15 days before the effective date of cancellation. b. You have failed to pay a premium when due, whether the premium is payable di- rectly to us or our agents or indirectly under a premium finance plan or extension of credit. Notice of cancellation will be mailed at least 15 days before the effective date of cancellation. loss experience material to insurability has become known during the policy period. Notice of cancellation will be mailed or de- livered at least 60 days before the effective date of cancellation. d. Loss of reinsurance or a substantial de- crease in reinsurance has occurred, which loss or decrease, at the time of cancella- tion, shall be certified to the Insurance Commissioner as directly affecting in-force policies. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. e. Material failure to comply with policy terms, conditions or contractual duties. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. f. Other reasons that the Insurance Commis- sioner may approve. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. This policy may also be cancelled from inception upon discovery that the policy was obtained through fraudulent statements, omissions or con- cealment of facts material to the acceptance of the risk or to the hazard assumed by us. IL 02 46 D9 96 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ? 4. 'We will mail or deliver ou, notice to the first Named insured's last mailing address known to us. Notice of cancellation will state the specific reasons for cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6, If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata and will be returned within 10 business days after the ef- fective date of cancellation, If the first Named Insured cancels, the refund may be less than pro rata and wlli be returned within 30 days after the effective date of cancellation. The cancellation will be effective even If we have not made or offered a refund. 7. If notice is mailed, it will be by registered or first class mail. Proof of mailing will be suffi- cient proof of notice. B. The following a,, added and supersede any pro- visions to the contrary: 1. Nonrenewal if we decide not to renew this policy, we will mall or deliver written notice of nonrenewal, stating the specific reasons for nonrenewal, to the first Named insured at least 60 days before the expiration date of the policy. 2, increase Of Premium. If we increase your renewal premium, we will mall or deliver to the first Named Insured writ- ten notice of our Intent to Increase the pre- mium at least 30 days before the effective date of the premium Increase. Any notice of nonrenewal or renewal premium in- crease will be mailed or delivered to the first Named Insured 's last known address. If notice is mailed, it will be by registered or first class mall. Proof of mailing will be sufficient proof -of notice. IL 02 46 09 96 D Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 0 Jµruba. i Viii.' ? •vrr ya.wr..rv frai•,te,y 'Dealers' Suppleme 1 Schedule lem three-Locations where you conduct gai..be operations Policy No. G 0227651--00 i ocaCon J0. Address - Stale your main business location as Location No. 1. 1 1645-B Tr"dle Road, Carlisle, K. Ki.ddlet= TWP., LMIberlaad Co., PA 1,7013 . C= - 7806 TAX - 02.1023 I ZZ M - 027 tem four-Liability coverage-Payroll rating basis for your premises and operations and non-owned autos used in your business. Refer to item six for the liability premiums for the covered autos you hire or borrow. Refer to Item seven for covered autos you own. ocatron Estimated payroll Rate per $100 of payroll Premium 40. I 5,240 3.212 426.OOMP 2 3 Total Premium 426_OOMP tern five-Garagekeepers coverages and premiums .ocatron Coverages Limit of Insurance for each location (Absence of a limit or deductible below means Premium that the corresponding Item two limit or deductible applies.) for all locations Comprehensive $ minus $ deductible for each covered auto for loss caused by theft or mischief or vandalism subject to Specified Causes of Loss 1 $ maximum deductible for all such loss in any one event. ' Collision $ minus S deductible for each covered auto. Comprehensive $ minus $ deductible for each covered auto Specified Causes of Loss for toss caused by theft or mischief or vandalism subject to 2 $ maximum deductible for all such foss in any one event. Collision S minus $ deductible for each covered auto Comprehensive 5 minus S deductible for each covered auto Specified Causes of Loss for loss caused by theft or mischief or vandalism subject to 3 $ maximum deductible for all such loss in any one event. Collision S minus S deductible for each covered auto. Total Premium Garagekeepers Coverage applies on a legal liability basis unless one of the Direct Coverage Options is indicated by Direct Coverage Options Excess Insurance. If this box is checked, Garagekeepers Coverage is changed to apply without regard to your or any other "insured's" legal liability for "loss" to a covered "auto" and is excess over any other collectible insurance regardless of whether the other insurance covers your or any other "insured's" interest or the interest of the covered "auto's" owner. Primary Insurance. If this box is checked, Garagekeepers Coverage is changed to apply without regard to your or any other "insured's" legal liability for "loss" to a covered "auto" and is primary insurance. Item six-Schedule of hired or borrowed covered auto coverage and premiums Liabilny Coverage . Rating hasis (cost of hire) . State Estimate cost of hire Rate per each 5100 Premium for each state cost of hire I I 1 PA I IF AIRY . % 1 1.399 1 106. COMP Total Premium ( 106.COMP Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or employee! or their family membersi. Cost of hire does not include charges for services performed by motor carriers of property or passengers. Physical Damage Coverage Rate per each Estimated Annual $100 Annual Coverages Limr! of Insurance-The most we will pay-Deductible Cost of hire Cost of hire Premium Actual cash value, cost of repairs or Comprehensive 5 whichever is less, minus deductible for each covered auto. But no deductible applies to loss caused b) fire KESSLER, COHEN, & ROTH, P.C. BY: William D. Marvin, Esquire ATTORNEY I.D. NUMBER: 34265 SUITE 1705 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff v LARRY G. GULICK, JR., CYNTHIA K JUMPER, KRISTINE'S AUTO SALES, and KRISTINE GULICK, a minor, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 97-2869 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this 1 day of -e?c 1999, upon consideration of the Petition of Defendant Kristine Gulick To Strike Answer and New Matter, and for Leave to Discontinue a Minor's Action in the Nature of a Counterclaim, filed by Kelley Fussenegger, guardian of Kristine Gulick, a Minor, and any responses thereto, it is hereby ORDERED and DECREED that: 1. The Answer, New Matter and Counterclaim filed on behalf of Kristine Gulick, a minor, is hereby STRICKEN. 2. This Minor's Action in the Nature of a Counterclaim above-captioned action is hereby DISCONTINUED with prejudice, and the Prothonotary shall so mark the docket. 3. Each party'is to bear its own costs. BY THE COURT: EXHIBIT J b TO BE NOTIFIED: William D. Marvin, Esq. Douglas B. Marcello, Esq Cynthia Jumper Toni Gulick VERIFICATION I, Lee-Ann Oatman, on behalf of Pennsylvania General Insurance Company, verify that the foregoing Complaint and the attached documents are based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of this lawsuit. The language of the document is that of counsel and is not mine. I have read the document, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications made to authorities. Date: 9 C? ?O D I 1_4'c , ?Z' (Oc'_q_x? cl?_ For Pennsylvania General Insurance Company PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. LARRY G. GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES, and KRISTINE GULICK, a minor, Defendants IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT FOR DECLARATORY JUDGMENT 1. Pennsylvania General Insurance Company is an insu ice company authorized and licensed to do business in the common% .th of Pennsylvania with an office at 100 Corporate Center Drive, imp Hill, Pennsylvania 17011. 2. Larry G. Gulick, Jr., is an adult individual reside at 1645 Trindle Road, Carlisle, Pennsylvania 17013. 3. Cynthia K. Jumper is an adult individual residing F :334 E Street, Carlisle, Pennsylvania 17013. 4. Kristine's Auto Sales is a business with its prii ?al place of business at 1645 Trindle Road, Carlisle, Penney: nia 17013. 5. Kristine Gulick is a minor with her principal res.i nce at 606 York Circle, Mechanicsburg, Pennsylvania 17055. 6. Pennsylvania General Insurance Company issued a -age policy numbered G 0227651-00 for the period from October 22 .996 to October 27, 1997 with the named insureds being Kristine' ?.uto Sales, Larry G. Gulick, Jr., and Cynthia K. Jumper, a copy o Said policy is attached hereto and made a part hereof as Exhibit !.". 7. On or about October 27, 1996, that accident occu::: ed involving a vehicle with registration plate F53148F operatec:, by Larry Gulick,- with Kristine Gulick as a passenger therein. 8. Kristine Gulick is an insured for uninsured/underins7.-ed motorist benefits with Standard Fire Insurance Company with rer:Lrd to this accident. 9. Policy number G 0227651-00 ("the policy") prov.aes i; liability coverage in pertinent part as follows: E A. COVERAGE' "GARAGE OPERATIONS" - OTHER THAN COVERED "AUTOS" We will pay all sums an "insured" legally must pay as dam.ges because of "bodily injury" or "property damage" to which his insurance applies caused by an "accident" and resulting rom "garage operations" other than the ownership, maintenanc;:: or use of covered autos." . . . "GARAGE OPERATIONS" - COVERED "AUTOS" We will pay all sums an "insured" legally must pay as dani3.ges because of "bodily injury" or "property damage" to which :.his insurance applies, caused by an "accident" and resulting ['rom "garage operations" involving the ownership, maintenanc or use of covered "autos". . . . lo. Policy defines an insured in pertinent part as fol:aws: WHO IS AN INSURED A. The following are "insureds" for covered "autos": (1) You for any covered "auto". (2) Anyone else while using with your permiss:i:-n a covered "auto" you own, hire or borrow except (a) The owner or anyone else from whom you hi. •e or borrow a covered "auto". This exception does not apply if the covered "auto" is a "tra ler" connected to a covered "auto" you own. (b) Your employee if the covered "auto" is )wned by that employee or a member of his c her household. (c) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is your "garage operations". (d) Your customers, if your business is shown in the Declarations, as an "auto" dealership. However, if a customer of yours: (i) Has no other available insurance (whether primary, excess or contingent) they are an "insured" but only up to the compulsory or financial responsibility law limits where the covered "auto" is principally garaged. (ii) Has other available insurance (whether primary, excess or contingent) less than the compulsory or financial responsibility law limits where the covered "auto" is principally garaged, they are an "insured" only for the amount by which the compulsory or financial responsibility law limits exceed the limit of their other insurance. (e) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. (3) Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. b. The following are "insureds" for "garage operations" other than covered "autos": (1) You. 11 (2) Your partners, employees, directors or shareholders but only while acting within the scope of their duties. The policy defines "garage operations" as follows: E. "Garage operations" means the ownership, maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations. "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION I of this Coverage Form as covered "autos". "Garage operations" also include all operations necessary or incidental to a garage business. 12. The automobile operated by Larry Gulick on October 27, 1996 was not a "specifically described auto", "hired auto", or "non-owned auto used in [the] garage business" as sAt forth in the policy. 27 = SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM SEVEN of the Non-Dealers' and Trailer Dealers' Supplementary Schedule or ITEM NINE of the Dealers' Supplementary Schedule for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to a power unit described in ITEM SEVEN or ITEM NINE). 28 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your employees or partners or members of their households. i 29 = NON-OWNED "AUTOS" USED IN YOUR GARAGE BUSINESS. Any "auto" you do not own, lease, hire, rent or borrow used in connection with your garage business described in the Declarations. This includes "autos" owned by your employees or partners or members of their households while used in your garage business. 13. The policy, at Form CA 20 27 12 93 provides with regard to registration plates not issued for a specific auto. 14. The vehicle being operated by Larry Gulick on October 27, 1996 was not being operated with one of the registration plates set forth thereon. 15. General Accident Insurance Company is not obligated to provide coverage and/or indemnify and/or defend any parties with regard to the accident of October 27, 1996 based upon the terms, definitions, provisions and exceptions to the policy, including but not limited to the following: (a) The accident did not involve an "insured" pursuant to the terms and definition of the policy; (b) The accident did not result from "garage operations"; (c) The accident did not involve a "covered auto"; (d) Liability coverage and/or uninsured or underinsured motorist coverage is not provided pursuant to the terms and conditions of the policy; 16. Pennsylvania General Insurance Company request this Honorable Court to enter declaratory judgment that it is not required to provide coverage and/or indemnify and/or defend any parties in this action. WHEREFORE, Pennsylvania General Insurance Company request this Honorable Court enter declaratory judgment that it is not obligated to provide coverage for and/or indemnify and/or defend any parties in this action. THOMAS, THOMAS &,HAFFEERR BY DouglaA'S. Marcello, Esquire Atto ey I.D. No: 36510 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 (717) 255-7238 Attorney for Plaintiff 1' Nt?:? IidlllrtF '0 , •ttN TO KESSLER & COHEN, P. C. ,,,.,.._...,. W3 Mnw "A fswu BY: Stewart L. Cohen, Esquire Ryer:+mr "IN a: Mtn AV30y ATTORNEY I.D. NUMBER: 25448 ga;e.= „- SUITE 1705' `'? pristi.K ??//cC? /i?oR TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 ----------------------------------------------------------------- PENNSYLVANIA GENERAL INSURANCE IN THE COURT OF COMMON PLEAS COMPANY, CUMBERLAND COUNTY, PA Plaintiff NO. 97-2889 V. LARRY G. GULICK, JR., CYNTHIA CIVIL ACTION - LAW K. JUMPER, KRISTINE'S AUTO SALES, and KRISTINE GULICK, a minor, , Defendants ANSWER. NEW MATTER AND COUNTERCLAIM TO COMPLAINT FOR DECLARATORY JUDGMENT ON BEHALF OF KRISTINE GULICK A MINOR BY HER GUARDIAN. KELLEY FUSSENEGGER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, except that on information and belief, the said business is not a legal entity, but a sole proprietorship operated by Larry Gulick, and no longer in active operation. 5. Admitted. Furthermore, the minor defendant, Kristine Gulick, will be represented in this action by her mother and natural guardian, Kelley Fussenegger. 6. Admitted only that a policy was to be issued. It is denied that the policy was delivered to the insured before the accident which is the subject of this litigation. Further, the copy attached to the Complaint appears to be incomplete. ,.....: v 7. Admitted that an accident occurred involved a vehicle operated by Larry Gulick, causing devastating and permanent personal injuries to the minor, Kristine Gulick. As -1--o the allegation about the registration plate on the vehicle at the time, after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of falsity of this allegation, and it is hereby deemed denied and strict proof demanded. 8. Admitted only that Kristine Gulick resided with the named insureds on an automobile policy issued by Standard Fire Insurance Company. This allegation has no relevance whatsoever to the plaintiff's obligations under the automobile policy which it issued. 9. Denied as stated. The referenced document speaks for itself. 10. Denied as stated. The referenced document speaks for itself. 11. Denied as stated. The referenced document speaks for itself. 12. Denied as stated. The referenced document speaks for itself . As to the allegation that the vehicle was not a "Specifically Described 'Auto"', the copy of the policy attached to the Complaint was missing the page or pages of the. Dealers' Supplementary Schedule containing the referenced ITEM. NINE. The answering defendant does not have a complete authenticated copy 2 of the entire policy in her possession, so after reasonable investigation, she is without knowledge or information sufficient to form a belief as to the truth of falsity of this allegation, and it is hereby deemed denied and strict proof demanded. As to the allegation that the vehicle was not a "Hired Auto," that is specifically denied. The vehicle involved in the accident was a "hired auto" in that the insured, Larry Gulick, had borrowed the vehicle from its owner, Cynthia Jumper, who was not an employee, partner, or household member. As to the allegation that the vehicle was not a "non-owned auto used in the garage business," that is specifically denied. In the alterative, if the vehicle was not "borrowed" by Larry Gulick, it was being used in connection with his garage business, in that he was preparing the vehicle for delivery to its new owner. 13. Denied as stated, in that the sentence is incomplete. l Assuming that plaintiff intended to state that the policy endorsement "provides coverage with regard to registration plates not issued for a specific auto," that is admitted. 14. :after reasonable investigation, the answering party is without knowledge or information sufficient to form a belief as to the truth of falsity of this allegation, and it is hereby deemed denied and strict proof demanded. If the registration tag on the vehicle involved in the accident was not listed on the policy endorsement, such discrepancy resulted from the errors and omission of the plaintiff and its agents, as set forth more fully 3 15. Denied. To the contrary, the policy does obligate the plaintiff General Accident and/or Pennsylvania General (assuming that plaintiff intended to allege "Pennsylvania General") to cover, defend and indemnify the other defendants because: the accident did occur in the course of garage operations; The accident did involve a "covered auto" being operated by the named insured; the plaintiff obligated itself to provide the coverage to the insureds as a result of the conduct and representations of its agents, as set forth more fully The allegations of this paragraph constitute a conclusion of law requiring no response under the Rules of Civil Procedure, which is therefore denied. WHEREFORE, defendant Kelley Fussenegger, on behalf of Kristine Gulick, a minor, respectfully requests that the Court deny plaintiff the requested relief, and enter an Order declaring that the Plaintiff, Pennsylvania General Insurance Company, does have a duty to defend and indemnify defendant Larry Gulick, as to all claims arising from the accident of October 27, 1996. NEW MATTER The allegations of 4j 1-16, supra, are incorporated herein by reference. 18. At the time of the accident of October 27, 1996, the vehicle in which the minor plaintiff was riding was insured under the policy issued by plaintiffs, and the operator of that vehicle is entitled to defense and indemnity from the plaintiff, for reasons set forth below. 19. The answering defendant is a third-party beneficiary of the insurance contract between plaintiff's and defendant Gulick, her father. 20. The automobile was a "hired auto" within the meaning of the policy. 21. The automobile was a "non-owned `auto' used in" the garage business of the insured, within the meaning of the policy. 22. As of the date of the accident, the insured had not received a copy of the insurance policy from plaintiffs and therefore was unaware of the terms and conditions asserted by plaintiff in disclaiming coverage. 23. The plaintiff, acting through its agents and employees, including the agents, officers, and employees of the Christian- Baker company, had a duty to use reasonable and generally accepted standards of care in the solicitation, negotiation, and placement of the subject insurance policy. 24. The plaintiff failed to use reasonable and generally accepted standards of care in that it failed to: (a) adequately determine the risks and exposures facing the insured; (b) properly advise the insured about the scope of his 5 coverage and the thereupon; (c) failed to perform adequate investigation to determine the dealer tags in effect for the insured; (d) failed to properly warn and advise the insured of the asserted lack of coverage for dealer tags not specifically named on the policy; (e) failed to properly obtain information on the status of the dealer tags. 25. If the policy, by its terms, does not provide coverage for the accident of October 27,1996, which is specifically denied, such a defect in coverage was caused by the plaintiff's misleading, negligent, and wrongful conduct, as set forth above. 26. The insured specifically requested coverage which would insure him and the vehicles which he operated and possessed in connection with his garage business at all times and circum- stances. 27. The plaintiff, through its agents and employees, agreed to furnish and provide coverage which met with the insured's requirements. 28. In reliance on the promises and representations made by and for the plaintiff, the insured paid premium payments to the plaintiff and refrained from obtaining supplemental. or other cov- erage which would meet his needs. 29. If the policy, by its terms, does not provide coverage for the accident of October 27,1996, which is specifically denied, such a defect in coverage was caused by the plaintiff's 6 failure to provide requested coverage. 30. As a result of the conduct of the plaintiff and its agents and employees, as set forth above, the plaintiff is estopped from disclaiming coverage of the vehicle and insured driver. 31. Plaintiff failed to advise or warn defendants, particularly the insured, of the material defects and gaps in coverage which might arise because of the terms and conditions which plaintiff now relies on in disclaiming coverage. WHEREFORE, defendant Kelley Fussenegger respectfully requests that the Court deny plaintiff the requested relief, and enter an Order declaring that the Plaintiff, Pennsylvania General Insurance Company, does have a duty to defend and indemnify defendant Larry Gulick, as to all claims arising from the accident of October 27, 1996. COUNTERCLAIM - DECLARATORY JUDGMENT KRISTINE GULICK, a minor, by her natural guardian, KELLEY FUSSENEGGER, V. PENNSYLVANIA GENERAL INSURANCE COMPANY 32. The allegations of 11 1-31, supra, are incorporated herein by reference. 33. Plaintiff and Defendants have a real and immediate dispute over the meaning, effect and application of the Policy. 34. Plaintiffs and defendants are all the "interested 7 1 y. F. parties" in the instant dispute over the meaning, effect and application of the insurance policy, within the meaning of the Declaratory Judgment Act, 42 Pa.C.S. §§ 7532, et seq. 35. Pursuant to the Declaratory Judgment Act, 42 Pa.C.S. §§ 7532(b), this Court has the power to declare "rights and other legal relations" of any interested party. WHEREFORE, plaintiffs respectfully request that this Honorable Court enter an Order to: (a) Declare that plaintiff, Pennsylvania General Insurance Company, owes coverage to defendant Larry Gulick, for the accident of October 27, 1996, and must defend and indemnify him in any and all claims which may be brought on behalf of Kristine Gulick, with indemnity up to the policy limits of one million dollars. (b) Award counsel fees together with interest and costs of defending this action; (c) Grant such other relief as justice may require. KESSLER & COHEN A Professional Corporation BY: iewart L. Cohen, Esquire i. i .. 8 KESSLER, COHEN, & ROTH, P.C. BY: William D. Marvin, Esquire ATTORNEY I.D. NUMBER: 34265 SUITE 1705 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. LARRY G. GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES, and KRISTINE GULICK, a minor, Defendants ORDER AND NOW, this day of 1999, upon consideration of the Petition of Defendant Kristine Gulick To Strike Answer and New Matter, and for Leave to Discontinue a Minor's Action in the Nature of a Counterclaim, filed by Kelley Fussenegger, guardian of Kristine Gulick, a Minor, and any responses thereto, it is hereby ORDERED and DECREED that: 1. The Answer, New Matter and Counterclaim filed on behalf of Kristine Gulick, a minor, is hereby STRICKEN. 2. This Minor's Action in the Nature of a Counterclaim above-captioned action is hereby DISCONTINUED with prejudice, and the Prothonotary shall so mark the docket. 3. Each party'is to bear its own costs. BY THE COURT: Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 97-2889 CIVIL ACTION - LAW JURY TRIAL DEMANDED J. KESSLER, COHEN, & ROTH, P.C. BY: William D. Marvin, Esquire ATTORNEY I.D. NUMBER: 34265 SUITE 1705 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 97-2889 LARRY G. GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES, CIVIL ACTION - LAW and KRISTINE GULICK, a minor, Defendants JURY TRIAL DEMANDED PETITION OF DEFENDANT KRISTIN GULICK TO STRIKE ANSWER AND NEW MATTER AND FOR LEAVE TO DISCONTINUE A MINOR'S ACTION IN THE NATURE OF A COUNTERCLAIM TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, Defendant KELLEY FUSSENEGGER, as parent and natural guardian of defendant KRISTINE GULICK, a minor, by her attorneys, Kessler, Cohen, & Roth, P.C., respectfully requests that this Court strike the Answer, New Matter, and Counterclaim previously filed on her behalf, and approve the discontinuance of the minor's claim, and in support thereof avers as follows: 1. Defendant KELLEY FUSSENEGGER, a competent adult, is the minor's mother and natural guardian, and represents the interests of the minor in this action. 2. The minor, KRISTINE GULICK, was born on August 31, 1986, and is 13 years old. Now and at all relevant times, the minor has resided with her mother, and her stepfather, Eric Fussenegger, at 606 York Circle, Mechanicsburg, Pennsylvania. 3. The minor, Kristine Gulick, sustained serious injuries on October 27, 1996, as a passenger in a motor vehicle being operated by her father, defendant Larry Gulick (Mrs. Fussenegger's former husband), during weekend visitation. 4. Larry Gulick was not injured in the crash, but died suddenly in September 1998 from unrelated causes. 5. After Mr. Gulick's death, this Court appointed his mother, Mrs. Toni Gulick (Kristine's paternal grandmother), to administer his insolvent estate under the small estates provisions of the probate law. [Exhibit A]. No substitution of the personal representative has been made in this matter, but Petitioners are serving a copy of this petition on Mrs. Gulick and all other parties to this action. 6. Mr. Gulick, through his used car business, had a business insurance policy through Pennsylvania General, which was in force on the accident date, and provided $1,000,000 in liability coverage. 7. After receiving notice of the claim on behalf of the minor, Pennsylvania General reserved its rights and disclaimed coverage, asserting that the dealer tag mounted on the accident vehicle was not listed on the policy endorsement for dealer tags, and the vehicle did not otherwise qualify as an insured auto under the policy. 8. Pennsylvania General thereafter filed the above- captioned declaratory judgment action in this Court against the minor, Kristine Gulick, as well as Mr. Gulick and Cynthia Jumper. Ms. Jumper was a named insured on Mr. Gulick's Pennsylvania General policy and was the prospective purchaser of the vehicle. 9. The Petitioners filed an Answer, New Matter, and Counterclaim, seeking a declaration that the Pennsylvania General policy did provide liability coverage for Mr. Gulick and the vehicle he was driving. 10. Subsequent to Mr. Gulick's death in September 1998, good cause has arisen for the Petitioners to withdraw their Counterclaim and abandon their effort to obtain liability coverage through Pennsylvania General, as set forth in more detail below. 11. The vehicle involved in this one-car accident had been purchased by Mr. Gulick for resale through his used car business, but had not yet been delivered to the prospective buyer, Cynthia Jumper. 12. Under the Pennsylvania General policy, if the accident vehicle was not owned by Mr. Gulick, he would still be covered for liability if the vehicle was a "hired auto" (which included a borrowed vehicle), or was being used in the course of his business. 13. Under the Pennsylvania General policy, if the accident vehicle was owned by.Mr. Gulick, he would be covered for liability only if it had one of two dealer tags listed on an endorsement. 14. PennDOT records showed that Mr. Gulick had as many as four dealer tags registered as of the accident date, including the tag on the accident vehicle. However, this tag's number was not among the two tags listed on the insurance policy enforcement for dealer tags. 15. According to documents from Pennsylvania General's file, which have been produced in discovery, after the accident, Mr. Gulick submitted a copy and/or original of the Certificate of Title on the accident vehicle, to Pennsylvania General. This title showed a transfer from Mr. Gulick to Cynthia Jumper dated and notarized on October 25, 1996, two days before the accident. Pennsylvania General then paid Ms. Jumper for the value of the car which was totalled in the accident. 16. Mr. Gulick and Ms. Jumper gave Statements Under Oath at Pennsylvania General's request, testified at depositions noticed and videotaped by the insurer in this lawsuit, and signed Verified Statements. In each of these, they consistently testified or stated that the title to the vehicle was signed over before a notary on October 25, 1996, prior to the accident date. 17. Petitioners, the minor defendant and her mother, had no personal involvement with, or direct knowledge of, any of these transactions regarding the ownership of the accident vehicle. 18. Based on the documentary evidence, Petitioners filed a Motion for Summary Judgment in this action, seeking a declaration that the vehicle was -a "hired auto" and thus Pennsylvania General owed the coverage. 19. Petitioners' Motion for Summary Judgment was denied by the Court, Hon. Edward E. Guido, upon a finding that genuine issues of material fact existed regarding the ownership of the motor vehicle at the time of the accident. 20. Following the Court's ruling denying summary judgment, Mr. Gulick's sudden death caused the parties to defer further discovery until substitution of his estate. 21. Several months after Mr. Gulick's death, Petitioners' counsel received a telephone call from an attorney who represented Ms. Jumper in an unrelated dispute with Mr. Gulick's estate. After further inquiry, including a direct telephone conversation with Ms. Jumper, Petitioners' counsel concluded that claims for liability coverage under Mr. Gulick's Pennsylvania General policy, based on assertions that Mr. Gulick did not own the vehicle on the accident date, were no longer tenable and could not be maintained in good faith. 22. Accordingly, after full consultation, Petitioners have authorized and instructed their counsel to file this Petition, in order to withdraw the Answer, New Matter and Counterclaim, and to discontinue the minor's action with prejudice. 23. The Fussenegger family's own automobile insurance carrier, Travelers, has offered to pay Uninsured Motorist and/or Underinsured Motorist benefits. By a separate Petition, this Court's approval of a settlement of that claim is being requested. 24. Travelers has confirmed to Petitioners' counsel that it will waive its potential subrogation rights arising from the UM/UIM payments and has no interest in prosecuting any pending claims against Larry Gulick or Pennsylvania General. Thus, Travelers would not be prejudiced by the discontinuance of this action. 25. Counsel for the minor has not received, and will not receive, any fee for services or reimbursement of costs in connection with this and any related matters, except as submitted for this Court's approval in connection with the Uninsured Motorist settlement. 26. This Court has jurisdiction to approve the discontinuance of this minor's action pursuant to Pa.R.Civ.P 229, 232, and 2039(a). WHEREFORE, Petitioner, on behalf of the minor defendant, respectfully requests that this Court enter an order in the form attached hereto, striking the Petitioners' pleadings and discontinuing the Minor's action in the nature of a Counterclaim, with prejudice. DATE : _ / I `,?T7 KESSLER, COHEN, & ROTH, A Professional Corporation BY: WILLIAM D. MARVIN, ESQUIRE ATTORNEY FOR DEFENDANT VERIFICATION WILLIAM D. MARVIN, ESQUIRE, hereby states that he is the attorney for the Petitioners in the within action, that he is authorized to present this Verification, that the statements made in the foregoing Petition are true and correct to the best of his knowledge, information and belief, and that he understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4,0&v- l2P /q 7 -C7- DATE WILLIAM D. IN, ESQUIRE Attorney for Petitioner/Defendants 717-243-6486 SAIDIS GUIDO SHUFF 261 P02 MAY 14 199 08:38 DECREE AND NOW, this dal day of 19X, upon consideration of the annexed Petition of Toni Marie Gulick, mother of the deceased, and pursuant to 20 Pa. C.S. 53102, it is hereby ordered and decreed that the assets of Larry Gulick, Jr., decedent, be paid to Toni Marie Gulick, mother of the deceased, to distribute the estate in accordance with 20 Pa. C_S, 53392. BY THE COURT, oil 1"y J. in To ^A: E Oopy IrFK)M Rnto CIA rnY taMd CarlIWO, pP??Ar J u Ctock of t;a;. C,';l; ;;.. 0ovrt /-.;.C! LA, Cumbetlw:Xt Coernty l KESSLER, COHEN, & ROTH, P.C. BY: William D. Marvin, Esquire ATTORNEY I.D. NUMBER: 34265 SUITE 1705 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. LARRY G. GULICK, JR., CYNTHIA K JUMPER, KRISTINE'S AUTO SALES, and KRISTINE GULICK, a minor, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 97-2889 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I do hereby certify that service of a true and correct copy of the foregoing Petition has been made on Friday, November 12, 1999, by U.S. Mail, postage pre-paid to the following: Douglas B. Marcello, Esquire 305 N. Front Street Box 999 Harrisburg, Pa 17108 counsel for Plaintiff Pennsylvania General Cynthia Jumper 114 Fourth Street Boiling Springs, PA 17007 pro per Toni Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 for estate of Larry G. Gulick, Jr., Deceased DATE: 1"?""? ` gv -71 KESSLER, COHEN, & ROTH, A Professional Corporation BY: WILLIAM D. MARVIN, ESQUIRE ATTORNEY FOR DEFENDANT l L/ 4 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5986 : CIVIL ACTION -LAW AFFIDAVIT OF CYNTHIA K. JUMPER I, CYNTHIA K. JUMPER, having been duly sworn, testify that the following is true and correct: 1. On or about September 30, 1997, I signed a "verified statement" entitled "Verified Statement of Cynthia Jumper" (hereinafter "Verified Statement"). A true and correct copy of the Verified Statement is attached to this Affidavit as Exhibit A. 2. I made certain misrepresentations in my Verified Statement; these statements were not true at the time I made them, and I made them with knowledge that they were not true at the behest of Larry Gulick, Jr. 3. Paragraphs Three (3), Four (4), Five (5) Six (6), and Seven (7) of the Verified Statement are not accurate. In October of 1996, I traded in my Eagle Talon automobile and provided money to Larry Gulick, through Kristine's Auto Sales, for him to purchase a Camaro from Auto MAX. The Camaro was the automobile involved in the October 27, 1996 automobile accident. 4. I drove the Camero on approximately six (6) occasions from the time that Larry Gulick, through Kristine's Auto Sales, acquired the Camaro and October 25, 1996. 5. I never purchased the Camaro from Larry Gulick or Kristine's Auto Sales prior to the accident with the Camaro on October 27, 1996. 6. After the October 27, 1996 accident, Larry Gulick, Jr. informed me that there was a question about insurance coverage for the accident because the Camaro was titled in the name of Kristine's Auto Sales. 7. After the accident, at Larry Gulick, Jr.'s urging and request, I signed the title document for the Camero. 8. When I signed the title document for the Camaro, Larry Gulick, Jr. and I were the only persons present; there was not a notary present when I signed the title document. 9. Larry Gulick, Jr. informed me that his father had a friend that could take care of notarizing the title document. 10. A true and correct copy of the title document is attached to this Affidavit as Exhibit B. 11. Ann Barr, notary, was not present when I signed the title. 12. I did not sign the title document on October 25, 1996. 13. Additionally, after the October 25, 1996 accident involving the Camaro, I provided Kristine's Auto Sales with a back dated check. A true and correct copy of the check is attached to this Affidavit as Exhibit C. 14. The back dated check made it appears as though I purchased the Camero on October 25, 1996, i.e. prior to the accident, when, in fact, I did not purchase the Camero prior to the accident. 14. I did not make out the check until after the automobile accident of October 25, 1996. 15. The "Used Vehicle Order" form document was back dated by Larry Gulick, Jr. A true and correct copy of the "Used Vehicle Order" form document is attached to this Affidavit as Exhibit D. 16. I never purchased the Camero prior to the accident, and I had not even decided to purchase the Camero prior to the accident. 17. Paragraphs Nine (9) and Ten (10) of the Verified Statement are correct. 18. I never loaned the Camaro to Larry Gulick, Jr. or allowed him to borrow the Camaro from me as I never owned the Camaro prior to the accident of October 27, 1996. 19. Larry Gulick, Jr. was driving the Camero at the time of the accident for personal pleasure and out of convenience, not as part of a test drive of the car. 20. I never asked Larry Gulick to test drive the Camaro. 21. On April 15, 1997, I gave the "Sworn Statement of Cynthia K. Jumper" (hereinafter the "Sworn Statement"). A true and correct copy of the Sworn Statement is attached to this Affidavit as Exhibit E. 22. With regard to the Sworn Statement, the testimony at the following page numbers and line numbers is not true, and I gave the testimony knowing it was not true at the behest of Larry Gulick, Jr. in order to help him resolve insurance coverage issues in his favor related to the accident of October 27, 1996: a. Page 12, lines I 1 through 16 are not completely accurate as stated. I paid sale tax to Larry Gulick, Jr. after the accident of October 27, 1996. b. Page 14, lines 3-4 are not accurate. I did not decide to purchase or purchase the Camaro until after the accident of October 27, 1996. C. Page 15, lines 24 through 25 and page 16, line I are not accurate. I did not decide to purchase or purchase the Camaro until after the accident of October 27, 1996. d. Page 16, lines 10 through 16 are not accurate. I was never waiting to give cash to Larry Gulick, Jr. prior to the accident in relation to the Camaro. e. Page 17. There was never a test drive of the vehicle, and I did not ask Larry Gulick, Jr. to test drive the car. f. Page 17, lines 22 through 25 and page 18, lines I through 2 are not accurate. The "Used Vehicle Order" was back dated to make it appear as if I purchased the Camaro on October 25, 1996. The "Used Vehicle Order" was actually drafted and signed after the October 27, 1996 accident. g. Page 18, lines 5 through 7 are not accurate as stated. While I did give Kristine's Auto Sales a check for sales tax on the Camaro, the check was not made out to Kristine's Auto Sales until after the accident of October 27, 1996, and I back dated the check to October 25, 1996 to make it appear as though I purchased the Camaro prior to the accident at Larry Gulick, Jr.'s request. h. Page 18, line 17 is not accurate. I never paid Larry Gulick or Kristine's Auto Sales $2,700.00 for the Camaro prior to the accident of October 27, 1996. i. Page 19, lines 6 through 8 are not accurate. I never paid Larry Gulick or Kristine's Auto Sales $2,700.00 for the Camaro prior to the accident of October 27, 1996. j. Page 19, lines 23 through 25 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. k. Page 20, lines 7 through 22 are not accurate. 1. Page 21, lines 20 through 25 and page 22, lines 1-13 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. M. Page 23, lines 4 through 17 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. I also never asked Larry Gulick, Jr. to clean the Camaro for me. n. Page 25, lines 23 through 25 and page 26, lines 1 through 8 are not accurate. I did not purchase or even make the decision to purchase the Camaro prior to the accident of October 27, 1996. 23. On February 18, 1998, I was deposed in the matter of Pennsylvania General Insurance Company v. Larry Gulick, Jr., et al., docket number 97-2889, Cumberland County, Pennsylvania. A true and correct copy of the deposition is attached to this Affidavit as Exhibit F. 24. I was asked on page four (4) of my deposition if my representations and testimony in my Sworn Statement were accurate, and I indicated that the Sworn Statement contained true representations and testimony, which was not true. 25. While I did correct my address on pages four (4) and five (5) of the deposition, I failed to correct the misrepresentations in the Sworn Statement, which are listed in paragraph 22 of this Affidavit and its sub-parts. 26. Additionally, the deposition, on page 6, line 25, references a date of October 1, 1997, which should be corrected to October 1, 1996, as my answer on page 7, line 1 of my deposition was based on my understanding that question meant to reference October 1, 1996. 27. After Larry Gulick, Jr.'s death, I no longer desired to remain silent concerning my misrepresentations, and told William Marvin, the attorney for Kristine Gulick, several of the misrepresentations that I had previously made during the investigation and litigation concerning the October 27, 1996 accident and insurance coverage issues related to the October 27, 1996 accident. SWORN (AFFIRMED) ANDS BSCRIBED BEFORE ME THIS o2 DAY F 2009 NotaryP blic My Com fission Expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2011 Member, Pennsylvania Association of Notaries EXHIBIT A '1 VERIFIED STATEPYIEiNT. OF CYNTHIA .1LINIPER ® 1. Cynthia Jumper, hereby verify and say that the following facts are true and cor- rcct: (. 1 am an adult citizen of the United States, residing at 334 Fes-- Street, ® Carlisle, PA 17013. 2. I know Larry Gulick, Jr., as a friend. Larry used to have a small auto sales business which he named after his daughter, "Kristine's Auto Sales," 3. In October 1996, l bought a used car, a Camaro, through Larry. 4. On Friday, October 25, 1996, we completed the sale of the Camaro. I paid Larry the balance of the money and the sales tax which was due on the purchase, and he signed over the title to me. 5. Once he signed over the title. 1 was the only person who owned the Camaro or any part of it. I planned to arrange for insurance and do the rest of the paperwork for the registration with PennDOT on Monday. 6. Over'the weekend, even though I owned the car, I let Larry use the Camaro. I knew that be planned to use it for personal purposes, such as visitation with his daughter, and also he wanted to finish checking out the car for me. - -7. - Larry borrowed the car from me that weekend. If I didn't want to let him use it, he would not have driven it. 8. I knew that Larry did not have a regular car of his own. He usually would drive around in one of the cars he had for sale through his business. 9. 1 was surprised when I found out that Larry had put my name on the insur- ance policy for-his business. I never did any work for Larry. He never paid me any money from his business. I did not invest in his business and was not involved in it in any way. We were not partners in the business. to, I am not related to Larry as a family member. We were never married or I cif' V[;RIFIED STATEyIENT ot'C'ynthia Jumper Initials: ,r ? ^I ti ? I lived in the same household. The facts set forth in the foregoing VERIFIED STATEMENT are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties for unsworn falsification to authorities, 18 Pa.C.S. § 4904. ? ? _ p -? hia ,fumpcr Date: 7 3 k h P 0 i ;, VERIFIED S'T'ATEtYIEN'T of C ynthia Jumper Initials: ?/J 2 or2 EXHIBIT B QT ..J N N -1515 .5i r -' DEPARTMENT OF TRAN5.a'ORTATION ' CERTIFICATE OF TITLE FOR A VEHICLE : ?6255..15ao' 400i 524 001 "Av: :)..Gi I--P22r &k'210952 1 94 CHEVROLET 146704091002 AU V,YEi961.EloswmcAflON NUMBER •YEAR I MAKE OF VEHICLE TITLENUMBER C{-' : "r. 0 I I I 09/ii/961 0232-42 0 DODYTYPfi DUP BEAT CAP PRgfl TRLESIATE OOOM.PROCD. DATE ODOWANLES 1 COOM.STATUS i 1/05/93 011/i 1 /96 •OATEPATITLEO'.?. 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DAY YEAR 57M vp D;pgvm plum J I. itt!'?I i=.-?._ ti't i•'I' E NCE c_-:F: f1 -. In .. _zV'?. ., .. -. .. 5T EXHIBIT C EXHIBIT D l C-) 'fry E?CHIBIT 1? ! I DATE QC f- •S 19u- DEALER f r ` 1?••s 1 r S. 1 Cs PURCHASER: v af1• vl PHONE-10" W(f - 242 ADDRESS: T CITY: 1?wt' Wit t it STATE l=am --? ZIP 12 dl ENTER MY ORDER FOR ONE 81 CAR ? TRUCK OR AS FOLLOWS: YEM MAKE MODEL BODY uC. k! P. 19 >i` ht 1r &"414 n 5#0 ODOMETER SERIAL NO. 7 `' ? COLOR STOCK NO. MOrrOR NO. R 104'-" ac. CAR SALES PRICE $ r TOTAL PURCHASE PRICE $/"j VA tie DELIVERY & HANDLING DEPOSIT TAX 20 USED CAR ALLOWANCE $ FILING •- LESS UEN , $ LIC. PLATES HELD BY EQUITY ' CASH ON DELIVERY The information you see in the windowform for this vehicles is part of this contract. information on the window form overrides any contrary provisions to TOTAL PURCHASE PRICE 11 sit .- the contract of sale. TRADE IN RECORD Contract to be aid in paments of S each 1 st iiiMpent due 19 YEAR MAKE MODEL BODY COLOR LlC. H.P. 19 _ ODOMETER SERIAL NO. MLE No. STOCK f40, MOTOR NO. N SOLD I hereby make this p undlaayngly with t i AS IS. Cutaomar'ssignawre n SOLD WITH the dealer . Owny vehic L J and labor used. (Owner pays WARRANTY. We do t°not warr'.Allrepairs muetbanls eMy #res, banery, glass, s, I agree to accept dfv, Buyer's Signature Address THIS 0 Salesman ALITOLiNE FORM #4300 • r1spres or Implied, by this dealer or his agent. 44slivery on Ir- recall basis of parts of palm abopp orasimps authorized by d de ealeerr herein named. arm n Ihle pmhase oo111raoL I am 18 years of pe or cider e ma as to the silent of live mole veftis has been used or driven 19 S.S. No. L1e1./fQ,?l Phone Accepted by SIGNATURE i EXHIBIT E fi R'S 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN RE: Kristin's Auto Sales, Larry G. Gulick, Jr., and Cynthia K. Jumper Sworn Statement of: CYNTHIA K. JUMPER Taken by: General Accident Before: Jill L. Roth Court Reporter-Notary- Date: April 15, 1997, 9:30 a.m. Place: Central Pennsylvania Court Reporting Services 53 West Pomfret Street Carlisle, Pennsylvania APPEARANCES: THOMAS, THOMAS & HAFER BY: DOUGLAS B. MARCELLO, ESQUIRE FOR - GENERAL ACCIDENT ALSO PRESENT: .HARRY J. BASSLER, III ORIGINAL -C.P.C.R.S. (717)258-3657 or (800) 863-3657 b 2 1 ? 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESS Cynthia Jumper INDEX TO TESTIMONY EXAMINATION By Mr. Marcello INDEX TO EXHIBITS NO. DESCRIPTION A Photocopy of check to Automax B Photocopy of check to Kristine's Auto Sales C Photocopy of used vehicle order PAGE 3 PAGE 13 16 18 C.P.C.R.S. (717)258-3657 or (800)863-3657 3 i• 2 3 4 5 6 7 8 •9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CYNTHIA K. JUMPER, called as a witness, being duly sworn, was examined and testified as follows: EXAMINATION BY MR. MARCELLO: Q. Can you state your name? A. Cindy Jumper. Q. My name is Doug Marcello. .I'm an attorney representing General Accident. And we're here today for a statement under oath with regard to coverage on a policy of insurance issued to Kristine's Garage to Mr. Gulick and to yourself. And with your understanding that General Accident is reserving any rights, including the right -to decline coverage and investigate it and not waive any rights. And•that's understood and agreed with the statement under oath. Okay. Can you give me your date of birth, please? A. 7/15/51. Q. And your social security number? A. 191-42-7930. Q. And your home telephone number? A. 245-5050. Q. And your work number? A. 486-3944. Q. And is that Arnold's Food Market? C.P.C.R.S. (717)258-3657 or (800)863-3657 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 -21 22 23 24 25 4 A. Hughes Super Market. Q. Can you give me your present address? A. 3.34 East Street, Carlisle. Q. And does anyone reside there with you? A. No. Q. Can you tell me your marital status? A. Divorced. Q. And for purposes with regard to insurance coverage, were you ever married to Mr. Gulick at all? A. No. Q. Are you related at all? A: No. Q. Are you presently employed with Hughes Super Market? A. Yes. Q. Do you have any other jobs? A. No. Q. What vehicles do you own now in your name? A. A Dodge Stealth. Q. Do you own any other vehicles in your name? A. No. Q. Within the last year, did you own any other vehicles in your name other than the Chevy Camaro that, we're here about today? A. Yes, an Eagle Talon. C.P.C.R.S. (717)258-3657 or (800)863-3657 IF i t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Q. And you owned that prior to the Camaro. Is that correct? A. Yes. Q. Do you have any children? A. One. Q. And just name and age. A. 26. Q. Does that child reside with you? A. No. Q. The vehicle that you owned prior to the Camaro was an Eagle Talon? A. Yes. Q. What happened to that vehicle? What did you do with that vehicle? A. I traded it in. Q. To whom did you trade it? A. Automax. Q. Where's Automax? A. Harrisburg. Q. Do you know where it's located? A. On Cameron Street, I believe. Q. With regard to the purchase of the Camaro, can you tell me when you traded in that vehicle, the Talon? A. I think it was October the 12th, around that I day. C.P.C.R.S. (717)258-3657 or (800)863-3657 r 6 ?i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And did the Camaro replace that vehicle, the Eagle Talon? A. Yes. Q. Now the Eagle Talon, was that in your name? A. Yes. Q. And was that insured? A. Yes. Q. And by whom was the Eagle Talon insured? A. USF & G. Q. Through what agency did you get coverage on I that? A. Dana Brandt. Q. And where's that located? A. Newville. Q. Were you the named insured on that policy? A. Yes. Q. And was there any other insureds or anyone else listed on that policy? A. No. Q. Was that policy ever cancelled? A. Yes. Q. And do you know when it was cancelled? A. Shortly after it was sold. Q. After the Talon was sold? A. Yeah, within a few days, I believe. C.P.C.R.S. (717)258-3657 or (800)863-3657 ?n i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 2E 7 Q. Did you receive a rebate on the insurance -- A. No. Q. -- premium on that? A. No. Q. Can you tell me with regard to Kristin 's Garage, were you ever involved in the ownership, operation or anything else along the lines of Kristine's Garage? A. No, never. Q. Let me ask you, do you know how you were named on their insurance policy or why you were named on the insurance policy? A. Well, I didn't know this until after the fact. Dee Benner told me I was insured. I had no idea at the time I was. When I asked Larry why, he said he told his agent that occasionally he might need a driver to drive a car from an auction to his car lot. So he said he told his agent that I might be driving if he needed a driver. Q. Did you ever drive one of his cars from the auction car lot at all? A. Never. Q. Did you ever drive any of the company's cars at A. No. Q. Either before or after this occurred? A. No. Really he wasn't in business. He really I all? C.P.C.R.S. (717)258-3657 or (800)863-3657 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 didn't have anything on his car lot. Q. What can you tell me about Kristine"s Garage? What's the deal with that? A. Then it was a different situation than it is now. Q. Let's talk the fall of 196. Prior to the time you bought the Camaro, what was the setup then or what was the operation then? A. He was still a dealer and he still had-it in his name, Kristine's. There was no cars there. He was basically trying to get back in business. He had..no money at the time really to do anything. You know he was just starting again, really. Q. And that was the way it was in October of 1996? A. Um-hum. Q. Did that change at all any time since then? A. Yes. I think it's leased now. There's two salesmen there, there's some cars there. They're" actually running it but Larry is still the proprietor. Q. He's the proprietor. He has the license in his name and leases it to these two gentlemen who run the business and are the business? A. Right. Q. It's their business leased from Larry? A. They have the money. The car are all theirs. C.P.C.R.S. (717) 258-3657 or (BOO)863-3657 I I i i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 Q. In October of 196, around the time you sold or traded in the Talon and purchased the Camaro, did Kristine's Auto Sales have any vehicles at that time to your knowledge? A. Not that I know of. Q. Do you know anything if this is a corporation or if it's a sole proprietorship or do you know anything about that? A. I don'•t believe they're incorporated. Q. Do you know if they do any service or inspection work there? A. I know they clean cars. There's no inspection, I'm sure of that. I don't know about servicing. Q. Is there a garage there? A. Yes, there's a garage. Q. Do you know if they had a mechanic on(staff in the fall of 196 at all? A. No, not then. Q. It's basically operated then or intended to operate then as a used dealership? A. Um-hum. Q. And Larry had a license with the State? A. Um-hum. Q. If you could say yes. A. I'm sorry. Yes. C.P.C.R.S. (717)258-3657 or (B00)863-3657 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Q. Do you know what type of business hours -- were there any such thing as business hours of the business at that time? A. No. Q. Kristine's? A. No. Q. 'Basically, would it be fair to say that during the month of October of 1996 it was basically not operating at that time?- Would that be fair? A. Yes, that's right. He was mostly wholesaling cars, if you know what that means. Q. I don't. A. He basically buys.and sells to dealers. Nothing retail was going on because he didn't have the money to sit cars on his lot until customers came and bought them. It's turning money over from dealer to dealer. Q. Where would he get the cars? A. Oh, I don't know where lie did the business. Q. Car lots as opposed to auctions or anything like that? A. I'm not really sure. I know he went to some auctions. I don't know how much he bought there or if he had money to buy there. I really don't know the business. But I just -- telling you what I know from him. i L C.P.C.R.S. (717) 258-3657 or (800) 863-3657 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And he was doing this in October of 196? A. Yes: Q. Can you tell me how you got or how you came to get the Camaro, what was the transaction? A. Well, Larry and I were dating at the time. And I told him I wanted -- I was having problems with my other car. And'I told him 1 would like to have a new Camaro. He did business at Automax and he knew that he had one. He said it's a nice car. You know, I don't have the money to buy it and sell it to you. He said if you would like to trade you,-car in and pay the difference, you know, it would actually be titled to Kristine's. I couldn't go down and buy it at that price. It was a wholesale price. Only a dealer could pay it. So I traded my car in. I traded my car in and I paid Automax the difference that they wanted for the car. And then there was a difference of $3,000 that I got from Chrysler because I had engine problems and there was a recall and they reimbursed me.. So I gave Larry $2700 when I got that money back. And that was the price of the car. Q. In terms of the vehicle at Automax, did you take a look at it and help to approve the vehicle prior to the purchase? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 12 l? i n u• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. And it was a situation where because they were giving it to Larry at a wholesale price, that's why Kristine's got involved in the transaction. Is that fair? A. Yes, um-hum. Q. Larry -- in terms of the payment for the vehicle, did you write a check out? And I have copies of the checks. Did you write a check out to Automax or did you write one out to Kristine's? A. To buy the car, I made it out to Automax. Q. Was that done or have anything to do with the sales tax also? A. No. He wrote it up through his business as a sale when I bought it from him. Q. So ultimately he had to pay sales tax on it? A. um-hum. Q. I'm trying to figure out, did you go down to pick up the car and to close the sale at Automax? A. No. Q. Larry did all that? A. Larry did that for me. Q. But took with him your check for $5200? A. Yes. Q. And the car was titled in the name of Kristin' s? C.P.C.R.S. (717)258-3657 or (800)863-3657 13 j i 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 2E A. Right. Q. At that time, October of 1996 -- at that time in October of 1996, that was virtually the only car titled in Kristin 's name at that point? A. I can't say for sure. I don't know if he had anything there that might have been his.. Q. The check that I have from Automax is -- and we'll make this Exhibit A -- is dated I think October 14, 1996? A. That's what it looks like. (Jumper Exhibit A was marked.) BY MR. MARCELLO: Q. And that's the $5200 we talked about? A. Um-hum. Q. And do you know what the purchase from Automax was about at that time by Larry? Did he pick it up soon after you wrote the check? A. I would imagine so. Q. What happened to the vehicle after it was purchased from Automax by Larry? A. The Camaro? Q. Yes. A. What happened to it? He had it for, I guess, a couple of weeks. And I really wasn't sure -- I liked the car, but I really wasn't sure I did want an automatic. C.P.C.R.S. (717)258-3657 or (800)863-3657 14 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E And he told me to think about it. And he said if I wasn't sure I wanted it, he could resell it. But I thought about it. And it was a nice car. And I decided I wanted to keep it. Q. The two or three weeks between the time that the vehicle was picked up and you made up your mind to .purchase the vehicle, was the vehicle used at all? A. I believe Larry drove it some. Q. Do you know when you say some, extended trips or anything, for day-to-day travel? A. I think Just around town, that I know of. Q. You went to see the vehicle over'at Automax and it was purchased. What was the condition of the vehicle at that time? A. I didn't go to Automax. He brought it to me to show it to me. Q. Prior to purchase? A. Yes. Q. Was it when he took it back to Automax? What consummated the-deal at that time? When he bought the vehicle over to show it. to you, did you give him the check at that time? A. No, no. Q. When the vehicle was purchased from Automax, prior to you taking control of it, was there any work that C.P.C.R.S. (717) 258-3657 or (800) 863-3'657 l? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2? 2; 24 2! 15 needed done on the vehicle? A. Not that I'm aware of. Q. Do you know where the vehicle was kept? A. After it was purchased? Q. From the time Larry obtained -- Mr. Gulick obtained it from Automax until the time you took possession of it, do you know where it was kept? A. Mostly at his house. Q. Where's that located? A. Trindle Road. Q. Do you have an address? A. 1645 Trindle Road. Q. Is that adjacent to Kristine's Auto? A. Yes, yes. Q. Did you ever have possession of the vehicle prior to the time of the accident at all? A. Possession of it? Q. Yes. A. I drove it occasionally. Q. And what circumstances would it be that you would drive it? A. If we were going somewhere. I drove it to work a couple of days. Q. At that point in time, had you decided to purchase it and just hadn't taken control of it yet? C.P.C.R.S. (717)258-3657 or (800)863-3657 16 I l? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 1s 2C 2: 2: 2: 21 2. A. Yeah. Q. Is there any reason why there was a delay-then in terms of you paying for it or how did that work? Because the payment and paperwork, as I understand, came through on the 25th of October. Here's a copy of your check to Kristin 's -- we'll mark this as Exhibit B -- for October 25th. (Jumper Exhibit B was marked.). BY MR. MARCELLO: Q. And as I understand, you had used it several times or you drove it on occasion, including driving it to work, from the time it was picked up from Automax to the time of this payment. Is there any reason for the delay in the payment at all, why it wasn't until the 25th? A. Well, I was waiting until I had the cash money to give to Larry. Q. And what were you waiting for to --= what did you need to get the cash money? A. What did I need? Q. Were you going to get it somewhere? Were you waiting for Chrysler? A. . Well, I was waiting on Chrysler, yeah. s Q. But you had already gotten that to pay Automax? A. No. To pay Automax, I.took a loan out from my 5 bank. I think the loan was 3,000, and I had some money in C.P.C.R.S. (717)258-3657 or (800)863-3657 I i C t ) t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 li 1E 1_' 2( 2: 2; Z 2 2 17 my savings. Q. Which bank did you take the loan? A. Members 1st. Q. Credit union? A. Yeah. Q. Do you know if Larry did any work on the car from the time he took possession of it until the time of the accident? A. I don't know if you consider just going over it work. He went over it. He changed the oil. Just a few minor things. Q. Just like a normal owner would do? A. Yes. Q. But nothing of the type that a garage would have to do or nothing? A. No. Q. Nothing that would require test-driving or anything like that to your knowledge? A. Not that I'm aware of, no. Q. Now, as I understand it, you purchased it from Kristin 's on October 25th, 1996 -- A. Yes. Q. -- when you out the check? As I understand -- I'm going to show you what we'll mark as Exhibit C. That's a copy of the invoice or C.P.C.R.S. (717)258-3657 or (800)863-3657 1 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 li 1f l? 2( 2: 2: 2; 2 2 18 the receipt that Larry gave you. Is that correct? A. Yes. (Jumper Exhibit C was marked.) BY MR. MARCELLO: Q. And then your check, which was marked as Exhibit B, represents the sales tax on the vehicle, $768? A. Yes. Q. Do you know why the sales price is listed on here as 12,800? A. I believe he.took the price that was paid to Automax and the 27 -- or it is the 2700 I paid him: Does that come out to 12,8? I'm not sure. Q. We've got 5200 here and your check to Automax. A. I believe he gave me the trade-in on my car, I believe, was 4600. Q. Okay. That gets us up to 98. A. And the 2700 I paid him. Q. Maybe I'm confused here. You wrote a $5200 check to Automax? i A. Right. Q.. And that's basically for the difference between ? your trade-in and the price of what the Camaro was going 3 to be, right? I A. Right. 5 Q. And the trade-in on the Camaro was C.P.C.R.S. (717)258-3657 or (800)863-3657 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 approximately 4600? A. Yes. Q. So that amount and this amount, the 4600 and the Exhibit A, 5200, comes up to 9800, but I'm not sure where the other $3,000 is. A. I said I gave Larry $2700 cash. Q. As profit on the car? A. Yes. Q. Okay. And maybe I'm confused. I thought the whole thing of going through Automax was so that you could get it at a wholesale price? A. No. I said I couldn't buy it myself from Automax because the $9600 was a dealer price. Q. Right. A. That is why Larry paid for it and titled it to Kristin's. Q. Right. But then you ended up paying the wholesale price, the retail price anyhow, didn't you? A. Yes. I didn't expect to buy it at that. I wanted him to make something on it being he was just starting out in-business. He could have sold it to anyone at a profit. I wanted to help him out. Q. Basically, if someone was going to make out, you would rather it be Larry than Automax? A. Yeah, sure. C.P.C.R.S. (717)258-3657 or (800)863-3657 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And that's why the tax is based on 12,8? A. Yes. Q. So if I understand the purchase from Automax was, Exhibit A, 5200 and the trade-in of your Talon. Is that correct? A. Yes. Q. And then the vehicle•you purchased from Mr. Gulick, from Kristine's, was that amount of money that you paid yourself plus another $2700? A. Yea. Q. And then you wrote a separate check for the sales tax? A. Yes. Q. Now, the $2700 you gave to him was cash? A. Yes. Q. And was that from your Chrysler money? A. Yes. Q. Other than the receipt, did you get any other documents from Kristine's at all, do you know', with regard to the purchase of the car? A. No. I don't believe the paperwork was done at that time. Q. From the time -- did you trade in your Talon at the same time that you gave the check to Automax? A. Yes. C.P.C.R.S. (717)258-3657 or (800)863-3657 21 i ?J 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 Q. All from one deal? A. Yes. Q. From that time until the time'of the accident, how did you get around? A. I had my girlfriend's car. Q. Who's that? A. Who is it? Billie Jo Butler. She's in the Navy. Q. Does she live around here? A. Boiling Springs. Q. At the time that you obtained the vehicle from Kristine's, had you already cancelled the policy on the Eagle Talon at that time? A. When I traded it in, it got cancelled. Q. At the time you purchased the vehicle from Kristin 's, it's my understanding that you didn't know you were listed as an insured on Kristin 's policy. Isn't that correct? A. No, I did not. Q. How did you figure you were going to be covered on that car? A. That was a Friday. I was going to call my insurance company on Monday. Q. And Mr. Gulick was agreeable to transfer to sell you the car prior to you making arrangements.with the C.P.C.R.S. (717) 258-3657 or (800) 863-3657 n l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 insurance company? A. Yes. Q. Do you know if you ever got title to.that car? Was it ever transferred to you? A. The Camaro? Q. Yes, ma'am. A. Was it titled to me? Q. Yes. A. Yes. Q. Do you know if the title and paperwork was completed at the time that you received this receipt October 25th of 1996? A. Yes, we did it that day. Q. Do you know if it was submitted to the State at all to transfer it over? A. I'm not sure. Q. Was that all left with Mr. Gulick? A. Yes. Q. Members 1st, were they to have a lien against the car? A. No. Q. What type of loan, was that a home equity loan or did A. No, just a personal loan. Q. At the time of the accident -- the accident, as C.P.C.R.S. (717) 258-3657 or (800) 863-3657 t, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I understand it, occurred during the weekend after the Friday in which you purchased the vehicle. Is that right? A. Yes. Q. Can you tell me in terms of -- how did Mr. Gulick come to be using the vehicle that weekend? A. He just said he wanted to clean it up for me. Q. As a friend not so much as a dealer? A. I'm not sure. Probably, yes. He just wanted I to... Q. Do you know where he did it? Did he clean it at your house? A. No, he was at his shop. Q. You didn't pay him to do that at all? A. No. Q. And you didn't expect to have to pay him. Is that fair? A. No. Q. Was the vehicle at your house at any time from the time you signed the documents or made the payment on the 25th of October, Friday, until the time of the accident? A. Was it at my house? Q. Did you ever have it? A. In my possession? Q Yeah. C.P.C.R.S. (717)258-3657 or (800)863-3657 r? ?r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 2f 24 A. No. i Q. Did you use it at any time during that time period? A. We went out Saturday night. He was driving it, I believe. Yeah, he was driving it Saturday night. We. went out for a little while. Q. Do you know if Mr. Gulick at the time, October 25th, had any vehicles that he owned himself? A. I'm not sure. He has some cars sitting out I back. Q. Back at his place? A. Yeah. I really don't know. .Q. in terms of the keys, had you gotten the keys for the car? A. No. Q.* Mr. Gulick still had them? A. Yeah, they were in the car. Q. Just one set? A. Yes, I believe. Q: Let me talk about the accident a. little bit. Can you tell me what you know about the accident, in terms of where Mr. Gulick was going,. what he was going to do. A. I was working and he had just visited me at the store. And he was leaving to go back to his house. Q. Okay. And he was just using the car to drive C.P.C.R.S. (717)258-3657 or (800)863-3657 25 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1S 2C 21 2', 2: 2j 2! out to see you and come back? A. Yes, I believe. Q. It didn't have anything to do with the cleaning or anything else to the car. Would that be fair? A. Not that I'm aware of'. Q. To the best of your knowledge? A. Yes. Q. Did you talk to Mr. Gulick at all about the accident afterwards in terms of what happened or how it happened or anything? A. He called me from a cell phone immediately after it happened. And I left work and went right to the scene. Q. As I understand, his daughter was with him? A. Yes. Q. And she was with him when he came to visit you in the store? A. Yes. Q. How about with regard to the license plate on the vehicle at all, was that one of Larry's plates from the dealership? A. Yes, I believe. Q. What was your intent or what were your thoughts in terms of getting plates or tags? A. After I got my insurance on Monday, either he C.P.C.R.S. (717)258-3657 or (800)863-3657 26 t1? ?J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 15 2( 2: 2, 2: 2, 2 or I was going to go down to the State. Q. Do you know if he had any tags? Sometimes dealers have tags they can issue right then. Do you know if he had anything like that? A. I'm not sure. Q. You were going to get it directly from Harrisburg? A. Yes. Q. As I understand at the time of the accident -- and again, you.didn't know that you were a named insured on the garage policy. Is that fair? A. No. Q. So would it be fair to say you didn't intend that policy to cover that vehicle? A. Oh, no. No. Q. Because you were going to get one on Monday? A. Oh, yes. (Discussion held off the record.) MR.,MARCELLO: That's all we have. (Whereupon, the statement was concluded at 10:00 a.m.) C1 i C.P.C.R.S. (717)256-3657 or (800)863-3657 a 0- -4 r" Zla?r h ,yam •_ •r „.. _ R` 4rYr w,,,,`" ••r• Awl* nr k ? I irlAit".141': A b = EXHIBIT • r• i L I 1525 MPER tgrL _ r, ... i EXT. $ 05, p•:.:Sr:{•• 11.47: `?.-- •, ?? O U ? Q t'7. dt r~!~'' .? 10 L. It. 3 4 38 • aryl ". '•"NU:.r1j?j!•:• r • ..?' •p., - .,? ,.. ... r .. .N/?YJ:(S?? !TA!aCi4l.inW'••r•..Xn: _ .. .. r ? ro DEALER: r 6 '?'a.Ie l r ata1a,' C s ?? PHONE:? (?` ?? S'•??y?' PURCHASER: AJ la" ADDRESS: 376 4 CITY: (, < < S (C STATE 1 e[t- -- ZIP A d j ENTER MY ORDER.FOR ONE III CAR 0 TRUCK.OR AS FOLLOWS: YEAR 19 f? MAKE G hif.. MODE. e4&44 Ko BODY C e LIC. H.P. ODOMETER SERIAL NO..7 `1 COLOR STOCK NO. MOTOR NO. A 1 O M 40 ! CAR SALES PRICE $ - TOTAL PURCHASE PRICE $ if DELIVERY & HANDLING DEPOSIT - . TAX ?- USED CAR ALLOWANCE $ FILING INJ4 •- LESS LIEN $ LIC. PLATES HELD BY EQUITY f 11 CASH ON DELIVERY The information you see In the window form for this vehicle Is part of this contract Information on the window form overrides any contrary provisions to TOTAL PURCHASE PRICE a 574 ?. 1 the contract of sale. TRADE IN RECORD Contract to be aid in ants of $ each, lsf ment due 18 YEAR MAKE MODEL 80DY COLOR LIC. HP, 1g ODOMETER I SERIAL NO. TITLE NO. STOCK NO. MOTOR NO. 11 SOLD I hereby make this pun AS 1S. Customer's signature VYe the dealer (? SOLD WITH and labor use L _._J WARRANTY. we do not wei this or on ??this dealer or his agent, r retail basis of parts _ of total retail cost of parts red by dealer herein named I am is years at age or older and rderarepredioeMd uppoonn acuwl cost anyorbankapprovaLRegardess n a has ban used or ddvem Phone the Maage sMsrmg on th ! agree to accept d v Buyer's Slonature Address i THIS C Salesman AUTOLINE FORM 04300 nakea no wart" orrre-p aasemaeons as to the extent of the motor 0- . i / ) _ is S.S. No...., Accepted by t_ ITT EXHIBIT . - 1 PENNSYLVANIA GENERAL IN THE COURT OF COMMON PLEAS INSURANCE COMPANY CUMBERLAND COUNTY; PENNSYLVANIA -Plaintiff V. LARRY G. GULICK, JUNIOR, CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and. KRISTINE GULICK, a minor, Defendants Pages 1 through 9 CIVIL-ACTION - LAW NO. 97-2889 JURY TRIAL DEMANDED DECLARATORY JUDGEMENT East Board Room Carlisle Holiday Inn Carlisle, Pennsylvania Wednesday, February 18, 1998 Pursuant to notice, the deposition of Cynthia K. Jumper was taken before me, Tom A. Stewart, Notary Reporter, commencing at 8:32 p.m. APPEARANCES: DOUGLAS MARCELLO, ESQUIRE 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108-0999 (For the Plaintiff) DONALD B. HOYT, ESQUIRE 17' East Market Street York, Pennsylvania 17401 (For Larry Gulick) WILLIAM D. MARVIN, ESQUIRE 947 Old York Road Abington, Pennsylvania 19001 (For Cynthia Jumper) Commonwealth Reporting Company, Inc. 700 Lisburn Road Camp Hill, Pennsylvania 17011 (717) 761-7150 1-800-3341063 ? .r ..fir • LL 0 1 Z .3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C O N T E N T S WITNESS 'DIRECT CROSS REDIRECT RECROSS Cynthia Jumper 3 -- E X H I B I T S FOR IN NUMBER IDENTIFICATION EVIDENCE Jumper 1 (Sworn Statement of Deponent.) 3 2 (Automobile Coverage Summary.) 6 -- STIPULATION It was stipulated by counsel that they waive the reading of the transcribed testimony by the witness, and that all objections are preserved for the record to be ruled upon by the Judge. Any reproduction of this transcript is prohibited without authorization by the certifying reporter. COMMONWEALTH REPORTING COMPANY (717) 761-7150 3 e 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Whereupon, CYNTHIA R. JUMPER', was duly sworn and testified as follows: DIRECT EXAMINATION BY MR. MARCELLO: Q State your name. A Cynthia Jumper. Q My name is Doug Marcello, and I represent General Insurance Company. I have a few questions for you and as I indicated with regard to Mr. Gulick's deposition, if we could receive a verbal response to the, questions so that the court reporter can take it down. If you do not understand me, if. you cannot hear me or need me to clarify any question, please ask me to do so. otherwise, we will assume you heard and understand the question. A Okay. . MR. MARCELLO: I will give you what we will mark as Jumper Exhibit 1, a copy of a sworn statement that was given on April 15, 1997. (Whereupon, the document was marked as Jumper Exhibit No. 1 for identification.) (Document handed to witness.) 1BY MR. MARCELLO: rc COMMONWEALTH REPORTING COMPANY (717) 761-7150 4 Have you had a chance to review that during 2 the earlier break in the previous deposition? 3 A Yes. 4 MR. MARVIN: Before we go further, can 5 T assume, I don't want to '90 further without making an 6 expression that we have the same stipulations as on the 0 7 previous deposition? LL s MR. MARCELLO: That is fine. 9 MR. HOYT: Sure. Do you want to read 10 and review the transcript after it is prepared? = 11 THE WITNESS: Yes. 12 BY MR. MARCELLO: 13 Q Miss Jumper, as I indicated before, you had an .? 14 opportunity to review the transcript of your sworn 15 statement of April 15, 1997, -correct? 1.6 A Yes. 17 Q Is that statement true and correct to the best of 18 your information, knowledge and belief? 19 A Yes. 20 Q Are there any changes or any corrections that you 21 would make to the statement? 22 A Yes. 23 Q What is wrong with them? 24 A My address is not 334 East Street. o .25 Q What would your address be? COMMONWEALTH REPORTING COMPANY (717) 761-7150 f N 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 I 25 A 334 E Street. Q Is there anything else you would change in there? A 140. Q The only other question I have is I-understand that at the time of this accident you had already cancelled your other insurance policy? A . Yes. Q And that had been cancelled I think effective October 1st, does that sound right? A I don't believe it was the 1st. It was around there, maybe the first week. Q But it had been cancelled'around the first week of October or sometime earlier of 1996, is that correct? A I'm not sure. Q You had the insurance through the Brandt Insurance Agency of Newville? A Yes. Q And the coverage was through USF&G; would that be correct? A Yes. Q And that was on the Talon that you had prior to owning the Camaro? A Yes. Q The Talon was traded in at Automax, correct? COMMONWEALTH REPORTING COMPANY (717) 761-7150 4 6 i a 0 7 8 9 10 11 12 13 14 15 N 17 18 19 20 21 22 23 24 25 A Yes. Q 'Now, dealing with cancelling the insurance, did you go up there personally or did you call? A I called them first and they told me I had to send something in writing to them. Q And did you do that for them, send it in writing? A Yes. MR. NARCELLO: Off the record. (Discussion had off the record.) MR. MARCELLO: Back on the record. Let me show you what I am going to mark as Jumper Exhibit 2, and ask you, on the right-hand side,,•if that is your handwriting? (Whereupon, the document was marked as Jumper Exhibit No. 2 for identification.) (Document handed to witness.) THE WITNESS: Yes. BY MR: MARCELLO: Q And was that what you sent back to the Brandt Agency requesting them to cancel coverage on the Eagle Talon? A Yes. Q And did you request that they cancel that effective October 1st, 1997? ?•i COMMONWEALTH REPORTING COMPANY (717) 761-7150 1 1, 1 A Yes, I did. Q¢q LL 0 3 4 5 6 7 B, 9i 10, 11 12 13 14 15 ?6 17 18 19 20 21 22 23 24 25 RCELLO. I have no further questions. Thank you. MR. MARVIN: I have no questions. (Whereupon, at 8:42 p.m. the deposition was concluded.) COMMONWEALTH REPORTING COMPANY (777) 781-7150 i i a I ^? i I 11 22 33 44 55 66 7.7 88 99 1010 1111 12L2 133 1414 1515 1616 1717 1818 1919 2 020 2121 2 222 2 323 2 424 2525 CERTIFICATE OF DEPONENT I, Cynthia K. Jumper, have read this transcript of my deposition taken on Wednesday, February 18, 1998, and with the exception of the corrections noted, if. any, find it to be.a true and accurate record of my testimony. DATE CYNTHIA K. JUMPER Signed this day of , 1996 Notary Public Municipality my commission expires COMMONWEALTH REPORTING COMPANY (717) 761-7180 f J 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF NOTARY REPORTER 9 B ?--rl 1 1 I hereby certify, as the Notary Reporter, that . the foregoing proceedings were taken stenographically by me, and thereafter reduced to typewriting by me or under my .direction; and that this transcript is a true and accurate record to the -best of my ability; that the.witness whose testimony appears in the foregoing pages was'duly sworn by me; that I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposition was taken; and further, that I am not a relative or employee of any attorney, or counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of the action. COMMONWEALTH REPORTING COMPANY, INC. BY: TOM A. STEWART Notary Public in and for the Commonwealth of Pennsylvania Dauphin County My Commission expires: July 2, 2004 COMMONWEALTH REPORTING COMPANY (797) 781-7150 DEC - 8 KESSLER, COHEN, & ROTH, P.C. BY: William D. Marvin, Esquire ATTORNEY I.D. NUMBER: 34265 SUITE 1705 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 Attorney for Defendants PENNSYLVANIA GENERAL INSURANCE IN 'I'i-13: COURT OF COMMON COMPANY, PLEAS OF Plaintiff C:UM21,l<.':.4kND COUNTY, PA V. 14O.97-2889 LARRY G. GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES, CIVIL ACTION - LAW and KRISTINE GULICK, a minor, Defendants JURY "RIAL DEMANDED ORDER AND NOW, this /D.. day of 1999, upon consideration of the Petition of Defendar:l:: Kristine Gulick To Strike Answer and New Matter, and fo:_? Lea.-,rE to Discontinue a Minor's Action in the Nature of a Co_interl aim, filed by Kelley Fussenegger, guardian of Kristine Gulick, Et Minor, and any responses thereto, it is hereby OREER.ED and DECREED that: 1. The Answer, New Matter and Counte:-claim filed on behalf of Kristine Gulick, a minor, is hereby STR::CKEN. 2. This Minor's Action in the Nature of a Counterclaim above-captioned action is hereby D-_.SCONTINUED with prejudice, and the Prothonotary shall so mark the docket 3. Each party is to bear its awn coEts. BY THE C:OUF T : ?-?_ J. J - CERTIFICA'T'E OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013-3222 Toni Marie Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP annie L. Kawalec (1 C y? C r . Dated: FILED-C, NU '` TNc F l `!?,?`NIDTARY 2009 NOV -4 AM 11: 58 t Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6th Flr. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5986 V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification for the Attorney Verification attached to Plaintiff's Reply to New Matter of Defendant Kristine Gulick filed on October 30, 2009. : CIVIL ACTION -LAW Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ?? y d y By: _ ott D. McCarroll, Esquire Pa. I.D. No. 92985 P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 (717) 237-7105 (fax) smccarroll@tthlaw.com 750487.1 VERIFICATION I, Tom Conlon, on behalf of Pennsylvania General Insurance Company, verify that Plaintiffs Reply to the New Matter of Kristine Gulick is based upon the information which has been gathered by me, my counsel and/or others on my behalf in connection with lawsuit. The language of the document is that of counsel and is not mine. I have read the document, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications made to authorities. Date: u For Pennsylvania General Insurance Company t CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013-3222 Toni Marie Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP C J 9"e L. Kawalec Dated: I BLED- 'kF?iC;E r n1+ ^iV??T/h1Z1 2009 80Y -4 AH 11: 58 Fp=s;; .:???,`, w,"..•;1.?', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE NO.: 07-5986 Civil Term COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of CIVIL ACTION - LAW LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE JURY TRIAL DEMANDED GULICK, Defendants MOTION IN LIMINE OF DEFENDANT KRISTINE GULICK 1. This action involves a dispute of coverage under a commercial liability policy under which the named insureds were Kristine's Auto Sales, Larry G. Gullick, Jr. and Cynthia Jumper. 2. A prior declaratory judgment action was filed in 1997 by Pennsylvania General Insurance Company. 3. In connection with the prior action, Larry G. Gullick, Jr. and Cynthia Jumper each provided a written sworn statement and submitted to an examination under oath and a deposition. 4. After the above statements, examinations and depositions were completed, Larry G. Gullick, Jr. died. 5. After Mr. Gullick's death, Cynthia Jumper provided an affidavit recanting some of her earlier sworn testimony and attributing certain statements to the decedent, Larry G. Gullick, Jr that were inconsistent with the earlier sworn testimony and written statements of both the decedent and Ms. Jumper. 6. Pennsylvania's Dead Man's Act,, 42 Pa. C.S.A section 5930 provides that any witness or party whose interests are adverse to advise to the decedent's is not competent to testify regarding any matter occurring before the death of the decedent. 7. The proposed testimony of Cynthia Jumper regarding statements of Larry G. Gullick, Jr. are barred by Pennsylvania's Dead Man's Act. WHEREFORE, Defednant Kristine Gullick respectfully requests Your Honorable Court to grant this Motion In Limine and preclude the testimony of Cynthia Jumper regarding any alleged statements and actions of Larry G. Gullick, Jr. Girar . Rickards, Esquire Attorney ID No: 58867 135 South Duke Street York, PA 17401 (717) 845-4038 DATE: November 3, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. NO.: 07-5986 TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE' S AUTO SALES and KRISTINE GULICK, a minor Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Amy Menache, do hereby certify that on this day I have served the following individuals with a true and correct copy of the foregoing Motion In Limine Of Defendant Kristine Gulick, via first class mail, postage prepaid as follows: The Honorable Edgar B. Bayley The Court of Common Pleas of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Scott D. McCaroll, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Mrs. Toni Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 1 ! U ?? ?_ DATE: Amy Mena e, Legal Assistant OF THE PPO_rF`.ON",_)TARy 2009140Y -6 Pit 3: 06 PENNSYLVANIA GENERAL INSURANCE COMPANY, PLAINTIFF V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5986 CIVIL TERM IN RE: DECLARATORY JUDGMENT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of November, 2009, IT IS DECREED THAT an insurance policy issued by Pennsylvania General Insurance Company effective October 22, 1996, does not provide coverage, nor require that Pennsylvania General Insurance Company provide a defense, for the claims sought in a suit instituted on behalf of Kristine Gulick against the administratrix of the estate of Larry Gulick for injuries incurred by Kristine Gulick in an accident on October 27, 1996. By the'Court, R Edgar B. Ba9Iey'J. l FlIE?3FFICE OF THE PFQTH.,, I0TARY 2009 NOV 23 PM 2: 22 07-5986 CIVIL TERM Scott D. McCarroll, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 For Plaintiff Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 For Defendants sal 23, 09 91 -2- FIND =r1UE OF THE PPLOTHONOTARY 2999 NOV 23 PM I2= 11 PRASYLVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE NO.: 07-5986 Civil Term GULICK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION OF DEFENDANT KRISTINE GULICK FOR A NEW TRIAL A non jury trial was held in this declaratory judgment action before the Honorable Edgar B. Bayley on November 9, 2009. 2. By Order and Opinion of November 23, 2009, the Court held that the plaintiff's insurance policy did not provide coverage and that the company was not required to provide a defense for the injury claims asserted under the policy. Prior to trial, Defendant Kristine Gulick filed a Motion in Limine, the purpose of which was to preclude Cynthia Jumper's trial testimony on the basis of the dead man's rule. 4. The Court overruled this Motion in Limine and permitted Cynthia Jumper to testify regarding events and statements allegedly made by the decedent, Larry Gulick, Jr. 5. Defendant Kristine Gulick alleges that the Court erred in denying her Motion in Limine. 6. In its opinion, the court held that the Camaro involved in the accident was not covered under "SPECIFICALLY DESCRIBED `AUTOS"' 7. The Court erred in its conclusion that there was no coverage because the policy provided that the insured had thirty (30) days after the auto was acquired to add the auto to "SPECIFICALLY DESCRIBED AUTOS", the accident happened within thirty (30) days of the Camaro's purchase and the plaintiff paid for the damage to the Camaro under its liability coverage. WHEREFORE, Defendant Kristine Gulick respectfully requests Your Honorable Court to grant a New Trial. Girard . ickards, Esquire Attorney ID No: 58867 135 South Duke Street York, PA 17401 717 845-4038 DATE: December 2, 2009 l ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, Defendants NO.: 07-5986 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for Defendant Kristine Gulick, do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Motion for New Trial, via first class mail, postage prepaid as follows: Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Mrs. Toni Gulick 6301 Chesterfiled Lane Mechanicsburg, PA 17055 Marcus A. McNight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Gira . Rickards, Esquire DATE: December 3, 2009 -TAR 2009 GEC - A"1 6: 28 Ct Lf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE, No: 07-5986 Civil Term COMPANY, : Plaintiff CIVIL ACTION - LAW V. TONI GULICK, Administratrix of the Estate of JURY TRIAL DEMANDED LARRY GULICK, JR., CYNTHIA JUMPER, KRISTINE' S AUTO SALES and KRISTINE GULICK Defendants : PRAECIPE FOR CHANGE OF ADDRESS UPON THE RECORD TO THE PROTHONOTARY: Kindly update the docket to reflect the address of Girard E. Rickards, Esquire to 135 South Duke Street, York, Pennsylvania 17401. Date: Girar E. 'ckards, Esquire Attorney Id No. 58867 135 South Duke Street York, PA 17401 717 845-4038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA GENERAL INSURANCE, COMPANY, Plaintiff V. TONI GULICK, Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA JUMPER, KRISTINE' S AUTO SALES and KRISTINE GULICK Defendants No: 07-5986 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Girard E. Rickards, do hereby certify that on this day I have served the following individuals with a true and correct copy of the foregoing Praecipe For Change Of Address Upon The Record, via first class mail, postage prepaid as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Scott D. McCaroll, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Mrs. Toni Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 DATE: 1,4 j1 Girard E. ickards orAW&M DEC -7 1% 0- 50 amme-;164? l 3 Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6th Flr. P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 PENNSYLVANIA GENERAL INSURANCE COMPANY, Plaintiff V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5986 CIVIL ACTION -LAW RESPONSE IN OPPOSITION TO DEFENDANT KRISTINE GULICK'S MOTION FOR A NEW TRIAL And now, comes Plaintiff Pennsylvania General Insurance Company, by and through its counsel, Thomas, Thomas & Hafer, LLP, and files this Response in Opposition to Defendant Kristine Gulick's Motion for a New Trial, and states as follows: 1. Admitted. By way of further response, Kristine Gulick's "Motion for a New Trial" appears to have been brought pursuant to Pa.R.C.P. 227.1 and should have been filed as a "Motion for Post-Trial Relief." Said Motion fails, in part, to comply with Pa.R.C.P. 227.1(b). 2. Denied as stated. The Order and Opinion of November 23, 2009 speaks for itself. 1 3. Denied as stated. Defendant Kristine Gulick's Motion in Limine is a document, which speaks for itself. 4. Denied as stated. At the trial of this matter, Cynthia Jumper was permitted to testify regarding statements made by the decedent, Larry Gulick, Jr., said statements having been made prior to his death. 5. The averment of paragraph five (5) is denied as a conclusion of law. 6. Denied as stated. The Order and Opinion of November 23, 2009 speaks for itself. 7. The averment of paragraph seven (7) is denied as a conclusion of law. WHEREFORE, Plaintiff Pennsylvania General Insurance Company respectfully requests that this Honorable Court deny Defendant Kristine Gulick's Motion for a New Trial. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: cott D. McCarroll, Esquire Pa. I.D. No. 92985 P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7131 (717) 237-7105 (fax) smccarroll@tthlaw.com 2 CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Girard E. Rickards, Esquire 135 South Duke Street York PA 17401 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013-3222 Toni Marie Gulick 6301 Chesterfield Lane Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP 4W? IA? anme L. Kawalec Dated: FILEU--O'rhO: ,, OF THE Pl!:V ',r!NbTARY 2009 DEC -9 PM 2= 2 7 r= CU '4?NN ILL, , PEP1NSIT"OVANA PENNSYLVANIA GENERAL INSURANCE COMPANY, PLAINTIFF V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5986 CIVIL TERM IN RE: MOTION OF DEFENDANT, KRISTINE GULICK, FOR A NEW TRIAL ORDER OF COURT AND NOW, this day of December, 2009, the motion of defendant Kristine Gulick for a new trial, IS DENIED. By the Courf-? r ,C Z Scott D. McCarroll Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 For Plaintiff Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 For Defendants Edgar ? Bayley, J. :sal ?m w PENNSYLVANIA GENERAL INSURANCE COMPANY, PLAINTIFF V. TONI GULICK, as Administratrix of the Estate of LARRY GULICK, JR., CYNTHIA K. JUMPER, KRISTINE'S AUTO SALES and KRISTINE GULICK, a minor, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5986 CIVIL TERM IN RE: MOTION OF DEFENDANT, KRISTINE GULICK, FORA NEW TRIAL OPINION AND ORDER OF COURT Bayley, J., December 15, 2009:-- On November 23, 2009, following a bench trial in this action for a declaratory judgment, an order was entered, supported by a written opinion, decreeing that: [a]n insurance policy issued by Pennsylvania General Insurance Company effective October 22, 1996, does not provide coverage, nor require that Pennsylvania General Insurance Company provide a defense, for the claims sought in a suit instituted on behalf of Kristine Gulick against the administratrix of the estate of Larry Gulick for injuries incurred by Kristine Gulick in an accident on October 27, 1996. Defendant, Kristine Gulick, filed a motion for a new trial. Gulick avers: 3. Prior to trial, defendant Kristine Gulick filed a Motion in Limine, the purpose of which was to preclude Cynthia Jumper's trial testimony on the basis of the dead man's rule. 4. The Court overruled this Motion in Limine and permitted Cynthia Jumper to testify regarding events and statements allegedly made by the decedent, Larry Gulick, Jr. 5. Defendant Kristine Gulick alleges that the court erred in denying her Motion in Limine. 6. In its opinion, the court held that the Camaro involved in the accident was not covered under "SPECIFICALLY DESCRIBED 'AUTOS"'. 07-5986 CIVIL TERM 7. The Court erred in its conclusion that there was no coverage because the policy provided that the insured had thirty (30) days after the auto was acquired to add the auto to "SPECIFICALLY DESCRIBED AUTOS", the accident happened within thirty (30) days of the Camaro's purchase and the plaintiff paid for the damage to the Camaro under its liability coverage. The opinion in support of the order of November 23, 2009, is incorporated herein. As set forth in that opinion, Cynthia Jumper was allowed to testify as to the circumstances under which the 1994 Chevrolet Camaro was purchased at auction by Kristine's Auto Sales; her understanding with Larry Gulick, Jr. as to under what circumstance the vehicle would be transferred to her; that the vehicle was never transferred to her; that Gulick used the vehicle for his personal use; that on the day of the accident he was driving the vehicle for his personal use; that following the accident Gulick enlisted her in a scheme to backdate a transfer of the title to her to a date before the accident; that Gulick had her sign the title transfer document backdated to October 25, 1996, two days before the accident; and that she never appeared before the notary that notarized the signatures on the title transfer documents. Under the Dead Man's Act, 42 Pa.C.S. Sections 5930-5933, a person in a civil proceeding who is otherwise a competent witness, but who has an interest which is adverse to the decedent's estate, is disqualified from testifying as to any transaction or event which occurred before the decedent's death. Hera v. McCormick, 425 Pa. Super. 432 (1993). In the case sub judice, Cynthia Jumper had no interest that was adverse to the decedent, Larry Gulick, Jr. She is not a beneficiary of his estate. She did not gain or lose as a direct legal operation and effect of the decree that the -2- ?,? F,, 07-5986 CIVIL TERM insurance policy issued by Pennsylvania General Insurance Company does not provide coverage, or require that the company provide a defense, for the claims sought in the suit instituted on behalf of Kristine Gulick against the administratrix of the Estate of Larry Gulick for injuries incurred by Kristine Gulick in the accident on October 27, 1996. There was no error in the court refusing to grant the motion in limine to preclude Jumper's testimony based on the Dead Man's Act. Larry Gulick, Jr., never added the 1994 Chevrolet Camaro to SPECIFICALLY DESCRIBE AUTOS under the insurance policy. The court did not error in its conclusion that there was no coverage for the Camaro at the time of the accident. There was evidence that after the accident on October 27, 1996, Pennsylvania General Insurance Company paid for damage to the Camaro. Whether the company had to was not an issue before the court. After an investigation, the company denied coverage for the claims made in the suit instituted on behalf of Kristine Gulick for damages for personal injury. Having paid the property damage on the Camaro did not commit the company to pay another claim for which there was no coverage. ORDER OF COURT AND NOW, this P day of December, 2009, the motion of defendant Kristine Gulick for a new trial, IS DENIED. -3- 07-5986 CIVIL TERM Scott D. McCarroll, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 For Plaintiff Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 For Defendants sal -4- FILED-.; ?-T THE 2009 DEC 15 AN 9: 39