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HomeMy WebLinkAbout08-5723COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. jj- X723 20 M Civil Action - Law THEODORE BURD and, KATHRYN BURR, 1198 Shoreham Drive CampHill, PA 17011 Plaintiffs ERIE INSURANCE 4801 Louise Drive Mechanicsburg, Pennsylvania 17055 versus Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writ Of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to () Attorney (X) Sheriff Date: 9/26/08 ath I Shughart, Esq. Attorney for Plaintiff, P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 WRIT OF SUMMONS To EIRE INSURANCE, YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS, THEODORE BURD and KATHRYN BURD, HAVE COMMENCED AN ACTION AGAINST YOU. Date Z ZAn P othonotary By 4w_ Deputy ?1J C7 C °.a i!7 N G7"i "'C3 N N 0 v_ Y l SHERIFF'S RETURN - REGULAR CASE NO: 2008-05723 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURD THEODORE ET AL VS ERIE INSURANCE GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS ERIE INSURANCE DEFENDANT was served upon the , at 0010:58 HOURS, on the 3rd day of October , 2008 at 4801 LOUISE DRIVE MECHANICSBURG, PA 17055 by handing to MICHAEL MCGAW LIABILITY SUPERVISOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 io?U?Y?08 L?„ .00 40.00 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 10/07/2008 KATHY SHUGHAR'T By: day Deputy Sh ff of A. D. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com THEODORE BURD and KATHRYN BURD, Plaintiffs V. ERIE INSURANCE Defendant Attorneys for Defendant Erie IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5723 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Erie Insurance in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: November 11, 2008 350256 J erson J. Shipman, E uire A Forney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant ti CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 11, 2008: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER f ' ? ? ? c ". K: i -::. . ' ! , ? ? ? ..A , `` t, ? {i f 3? '.{ ? ?? - ?. ? ?"fi f . `?' .. ?x µ JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com THEODORE BURD and KATHRYN BURD, Plaintiffs V. ERIE INSURANCE Defendant TO THE PROTHONOTARY: Attorneys for Defendant Erie IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5723 CIVIL ACTION - LAW PRAECIPE PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JO ;N, DUFFIE, STEWART 8, WEIDNER B Date: November 11, 2008 son J. Shipman, Esquire RULE TO: Plaintiffs Theodore Burd and Kathryn Burd c/o Kathy M. Shughart, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: na l 3? .200 S/ /e 350257 Prothonotary /j ?? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 11, 2008: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4eeeJe on JShip an, Esquire ?=_> ° ?? C? ?'' :?.._ ? ,. ??? . , ?f S'?r ??-- -' t'.,?t x. Y? ???3? °?A:.. r 1 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant Erie THEODORE BURD and KATHRYN BURD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5723 V. ERIE INSURANCE Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on November 13, 2008, and served on the date reflected in the attached Certificate of Service. Date: November 14, 2008 350636 Respectfully submitted, JOHNSO_N, DUFFIE, STEWART & WEIDNER By: trney J. Shipman, Es uire D. No. 51785 t Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 14, 2008: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorneys for Plaintiffs JOHNSON, DUFFLE, STEWART & WEIDNER By fferson J. Shipman, Esquire P.- 14, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 14, 2008: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 46460'ron J. Shi man, Esquire 47 CD fflf c ? Kathy M. Shughart, Esquire 27 S. Arlene Street P. O. Box 6315 Harrisburg, PA 17112-0315 717-540-8511 THEODORE BURD and IN THE COURT OF COMMON PLEAS KATHRYN BURD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008 - 5723 ERIE INSURANCE CIVIL ACTION -LAW Defendant 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 cage liiay poirtlti"c5tif ?t?u aiitl°a juiigrhent 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, PENNSYLVANIA 17013 717-249-3166 THEODORE BURD and IN THE COURT OF COMMON PLEAS KATHRYN BURD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008 - 5723 ERIE INSURANCE : CIVIL ACTION -LAW Defendant r ...?, ._..?_., _...,,....... ?...?......,.,a.. ., .... , AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de las notificacion de esta Demanda y Aviso redicando personalmente o por medio de unabogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccions a, las demands presentadas aqui en contra suya. Se le advierte de que is usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR DOCUMENTO A SU ABOGADO INMEDIATAMENTE. IS USTED NOO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717-249-3166 Kathy M. Shughart, Esquire 27 S. Arlene Street .._........,..,.,.t.....- ........:......... ...... . P. O. Box 6315 Harrisburg, PA 17112-0315 717-540-8511 THEODORE BURD and IN THE COURT OF COMMON PLEAS KATHRYN BURD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008 - 5723 ERIE INSURANCE : CIVIL ACTION -LAW Defendant COMPLAINT 1. Plaintiffs, Theodore Burd and Kathryn Burd, husban d and wife, reside at 1198 Shoreham Road, Cumberland County, Pennsylvania. 2. Defendant, Erie Insurance, (hereinafter referred to as "Erie") is an insurance company trading and doing business as an insurance company in the Commonwealth of Pennsylvania with a business address of 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about November 20, 2003, Plaintiffs purchased a homeowner's insurance policy from Erie which insured their primary residence located at 1198 Shoreham Road, Cumberland County, Pennsylvania. A true and correct copy of the insurance binder is attached hereto and incorporated herein as Exhibit "A." 4. On or about September 27, 2007, Plaintiff, Theodore Burd, arrived at the insured premises after returning home from work to discover that the wood, non- automatic, garage door had collapsed and that the collapse caused the garage wall to be damaged. w.._.....,, ...., ...,.. t...........,, .... .... . 5. The cost to repair the damage caused by this incident is not in excess of $2,000.00. 6. Plaintiffs promptly notified Erie of the incident. 7. On or about October 16, 2007, Plaintiffs were advised by Erie that the damage to their property would not be covered under the terms of their insurance policy. A true and correct copy of the insurance policy referred to by Erie is attached hereto and incorporated by reference herein as Exhibit "B." 8. Erie advised Plainti€f-khat their-less was ? ,eon because it did not fall within the types of perils covered under the terms of their policy, Exhibit "B", on pages 7, 8 and 9. 9. Plaintiffs aver that the damage caused by a falling object, the garage door, is a covered peril under the terms of the policy. 10. In the alternative, the damage to the garage door and garage wall was caused by the collapse of the door, and is covered by the terms of the policy. 11. Erie has advised Plaintiffs that their policy is limited in the nature of the perils covered by the policy, and tharhad Pl`airitiM pui`c'haged°a'rflore comprehensive type of policy, their damage would have been covered. 12. At the time Plaintiffs purchased the policy, Plaintiff Theodore Burd specifically requested a full and comprehensive policy, and was assured that was what he was buying. 13. Plaintiffs purchased the Erie insurance policy through the Strock Insurance Agency, an agent of Erie Insurance. 2 14. The binder, Exhibit "A", Plaintiffs received at the time of purchase does not include any clear designation or details of the type of policy purchased, other than the term "Broadcover" and as a result, Plaintiffs were not able to know that their policy may not have been what they had discussed and what they believed they were purchasing. 15. Plaintiffs now believe that the written policy they received subsequent to their purchase did not reflect the terms of the policy they actually purchased. 16. In the alternative, Plaintiffs now believe that the terms of the insurance policy were misrepresented to them by Erie and its agents. 17. Erie has breached the terms of the contract for insurance by refusing and failing to pay for the damages to Plaintiff's home. 18. Erie, through its agent, the Strock Insurance Agency, has misrepresented the terms of the policy purchased by Plaintiffs. 19. Erie has issued the insurance policy in error, when it should have issued a policy which would offer more comprehensive loss coverage. 20. Plaintiffs seek damages in an amount of $2,000.00. 21. Plaintiffs have also incurred damages in the expense of attorney's fees and costs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to find in their favor and award damages in excess of Two Thousand Dollars. Kathy . S ghart, Esq. Attorney for Plaintiffs 27 South Arlene Street Harrisburg, PA 17112-0315 (717)540-5114 Supreme Court #39779 BLG RP M-WE 5 ' FNSURANCE GROUP ?\ 100 Ene Ins PI. LLB Ene. PA 16530 s NEW DECLARATIONS nA ERIE INSURANCE EXCHANGE HOMEPROTECTOR POLICY BROADCOVER AGENT ITEM 2. POLICY PERIOD POLICY NUMBER AA7685 STROCK INSURANCE AGENCY 11/20/03 TO 11/20/04 Q59 2008948 H ITEM 1. NAMED INSURED AND ADDRESS ITEM 3. OTHER INTEREST II1.IIIIIIIII11111111111111111111IIII1II11I1I1I111111111111111 KATHRYN DOBBECK AS LISTED BELOW 1198 SHOREHAM DR OR ON REVERSE SIDE CAMP HILL PA 17011-6135 AGENT - STROCK INSURANCE AGENCY 401 SOUTH 32ND STREET AGENT PHONE - (717) 737-5405 CAMP HILL PA 17011 5105 COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION OF THE INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN FORCE. LOCATION OF RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC DESIGNATION IS NEEDED. ZIP CODE - 17011 BORO TWP, CUMBE CO PROPERTY INFORMATION - PRIMARY RESIDENCE, YEAR OF CONSTRUCTION 1955, FRAME, PROTECTION CLASS B. PROPERTY IS WITHIN _500 FEET OF A FIRE HYDRANT AND WITHIN 2 MILES OF A RESPONDING FIRE DEPARTMENT. COVERAGE IS PROVIDED ONLY IF A SPECIFIC AMOUNT OF INSURANCE IS SHOWN. SECTION I - PROPERTY PROTECTION AMOUNT OF INSURANCE PREMIUMS DWELLING $ 136,000 $ 246.00 OTHER STRUCTURES $ 13,600 PERSONAL PROPERTY $ 102,000 LOSS OF USE LOSS SUSTAINED NOT TO EXCEED 12 CONSECUTIVE MONTHS SECTION II - HOME AND FAMILY LIABILITY PROTECTION PERSONAL LIABILITY - EACH OCCURRENCE $ 300,000 MEDICAL PAYMENTS TO OTHERS - EACH PERSON $ 1,000 PREMIUM CHARGE FOR INCREASED LIABILITY LIMITS $ 12.00 FULL TERM PREMIUM FOR THIS RESIDENCE - - - - - - $ 258.00 FULL TERM ADDITIONAL COVERAGE PREMIUM - - - - - $ 5.000 TOTAL PREMIUM FOR THIS POLICY - - - - - - - - - $ 253.00 PAYMENT - - - - - - - - - - - - - - - - - - - - $ 2 7 4.0 0 C BALANCE - - - - - - - - - - - - - - - - - - $ 21.0 0 C SECTION I DEDUCTIBLE $ 500. APPLICABLE FORMS - 2002 02/01*, HP-PA 02/01*, OF-8705 06/96*, OF-6523 08/98* HP-FM 02/03*, HP-AAN 01/97* HP-BD 02/01* UF2106 05 /01* , , , . PRIMARY RESIDENCE-MORTGAGEE CITIFINANCIAL P 0 BOX 13 CAMP HILL PA 17001-0013 EXHIBIT A NO BUSINESS PURSUITS ARE CONDUCTED AT THE PREMISES ADDITIONAL COVERAGES EXCEPT AS FOLLOWS - YOUR BASIC DWELLING PREMIUM PREMISES ALARM SYSTEM REFLECTS A DEDUCTIBLE CREDIT REPLACEMENT COST SETTLEMENT 2 S MULTI-POLICY DISCOUNT APPLIES PERSONAL PROPERTY PREMIUMS INCL ABOVE $ 14.00CR $ 37.00 $ 28.000R 959 2008948 ERIE, ERIE INSURANCE GROUP THIS ENDORSEMENT AMENDS THE POLICY. PLEASE READ IT CAREFULLY. LIMITED FUNGI, WET OR DRY ROT OR BACTERIA COVERAGE ENDORSEMENT This endorsement amends insurance provided under the Broadcover HomeProtector Policy. DEFINITIONS Unless defined in this endorsement, each word in bold type is used as defined in the policy. • "fungi" means any type or form of fungus, including, but not limited to molds, mildews, smuts, mush- rooms, yeasts and any mycotoxins, spores, scents, gases or byproducts produced by, arising out of or released by any type or form of fungus. Under Home and Family Liability Protection, fungi does not include any type or form of fungi that are, are on, or are contained in any good or product intended for con- sumption. PROPERTY PROTECTION - SECTION 1 LOSS OF USE Our Promise The following sentence is added to this section: This coverage does not apply to loss caused by fungi, wet or dry rot, or bacteria other than as provided under WHAT WE ALSO PAY, FUNGI, WET OR DRY ROT OR BACTERIA. WHAT WE DO NOT COVER - EXCLUSIONS The following exclusion is added and applies to Section I - Dwelling, Other Structures, Personal Property and Loss of Use Coverages: We do not pay for loss resulting directly or indirectly from any of the following, even if other events or happen- ings contributed concurrently, or in sequence, to the loss: WHAT WE ALSO PAY The following is added to What We Also Pay : FUNGI, WET OR DRY ROT OR BACTERIA COV- ERAGE We will pay up to a total of $5,000 for: HOMEPROTECTOR HP-FM (Ed. 2/03) OF-3908 a. Direct physical loss to property covered under Property Protection - Section 1, Dwelling, Other Structures and Personal Property Coverage, caus- ed by, resulting from, or consisting of fungi, wet or dry rot, or bacteria if the direct result of a Peril We Insure Against; and b. Necessary increase in costs which you incur to maintain your normal standard of living when the residence premises is uninhabitable due to a loss caused by, resulting from, or consisting of fungi, wet or dry rot, or bacteria which is the di- rect result of a Peril We Insure Against. The $5,000 limit is the most we will pay for both a. and b. The coverage provided above is the only coverage under Property Protection - Section I, Dwelling, Other Struc- tures, Personal Property and Loss of Use Coverage for damage or loss caused by, resulting from, or consisting of fungi, wet or dry rot, or bacteria caused directly or indi- rectly regardless of any other cause or event contributing concurrently or in any sequence. The $5,000 limit is the most we will pay for the cost: Fungi, wet or dry rot, or bacteria, meaning the presence, a. to remove fungi, wet or dry rot, or bacteria from covered property; growth, proliferation, spread or any activity of fungi, wet or dry rot, or bacteria other than as provided under b. to tear out and replace any part of the building or WHAT WE ALSO PAY, FUNGI, WET, OR DRY other covered property as needed to gain access ROT OR BACTERIA. to the fungi, wet or dry rot, or bacteria; and EXHIBIT B 019637 HP-FM - 1 ERIE® ERIE INSURANCE GROUP PIONEER HOMEPROTECTOR HP-PA (Ed. 2/01) OF-6754 AMENDATORY ENDORSEMENT - PA (Available on all policy forms) This endorsement amends the policy as follows: b. manufacture, distribution, sale, resale, rebrand- DEFINITIONS ing, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, Each word in bold type is used as defined in the policy. paint containing lead, or any other material or substance containing lead, PROPERTY PROTECTION - SECTION 1 RIGHTS AND DUTIES -- CONDITIONS -- SECTION 1 Under Erie Option ', the words '30 days' are amended to '15 working days'. Under 'Recovered Property ', the last sentence is deleted and replaced by the following: If the recovered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property. HOME AND FAMILY LIABILITY PROTECTION - SECTION If Bodily Injury Liability Coverage Property Damage Liability Coverage Personal Injury Liability Coverage Medical Payments To Others Coverage Under WHAT WE DO NOT COVER - EXCLUSIONS the following exclusions are added: We do not cover: 1. actual or alleged bodily injury or personal injury aris- ing out of the ingestion, inhalation or absorption of lead or lead compounds in any form; 2. actual or alleged bodily injury, personal injury or property damage arising out of any form of lead, or lead compounds; 3. any legal obligation of anyone we protect for indem- nification or contribution due to damages arising out of bodily injury personal injury or property damage caused by lead, resulting from paint containing lead or contributed to by any other substance or material containing lead; 4. bodily injury, personal injury or property damage arising out of the actual or alleged: a. exposure to or existence of lead, paint containing lead, or any other material or substance contain- ing lead, or whether or not the lead is now or was at any time airborne as a particle, contained as a product, ingest- ed, inhaled, transmitted in any fashion, or found in any form whatsoever; 5. any loss, cost or expense arising out of any: a. request, demand or order that anyone we protect or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of" lead or lead compounds; b. claim or suit by or on behalf of any governmen- tal authority for damages resulting from testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, lead or lead compounds in any form. RIGHTS AND DUTIES - GENERAL POLICY CONDITIONS - SECTION I & II (4) Cancellation Condition Our Right to Cancel or Refuse to Continue is deleted and replaced by the following: Our Right to Cancel or Refuse to Continue We may cancel or refuse to continue this policy only for the reasons stated below by notifying you in writing of the date cancellation takes effect. 1. When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 30 days before the cancellation takes effect. 2. When this policy has been in effect for 60 days, or more, or at any time if it is a renewal with us, we may cancel or refuse to continue only for one or more of the following reasons by notifying you at least 30 days prior to the proposed cancellation date: HP-PA - 1 9 oIl ERIE, ERIE INSURANCE GROUP PIONEER HOMEPROTECTOR HP-BD (Ed. 2/01) OF-753 REPLACEMENT COST SETTLEMENT ON PERSONAL PROPERTY ENDORSEMENT (Available on Broadcover, Condocover, Evracover, Tenantcover only) DEFINITIONS Unless defined in this endorsement, each word in bold type is used as defined in the policy. • "Replacement cost" means the cost, at the time of loss, of' a new article identical to the one damaged, destroyed, or stolen. If' the identical article is no longer manufactured or is not available, we will pay the cost of a new article similar to that damaged or destroyed and which is of comparable quality and usefulness. PROPERTY PROTECTION - SECTION I OUR PROMISE For an additional premium, loss settlement under: Personal Property Coverage - Section I is extended to in- clude the replacement cost or the full cost of repair. We will also cover on a replacement cost or full cost of' repair basis: • carpeting • household appliances • cloth awnings • outdoor antennas and outdoor equipment provided at the time of loss: I . your Declarations show that Automatic IVo-Depreci- ation Settlement applies, or 2. you meet the replacement cost provisions under Loss Settlement for Dwelling Coverage or Other Struc- tures Coverage, or 3. a Tenantcover Policy or a Condocover Policy or Condominium Coverage Endorsement applies to the insured property at the time of loss. Any loss will be settled subject to the provisions of this endorsement. The replacement cost loss settlement provisions of this endorsement also apply to articles or classes of property separately described and specifically insured in this policy. WHAT WE DO NOT COVER - EXCLUSIONS 1. We do not cover loss to property: a. unless maintained in good and workable condi- tion; b. unless repaired or replaced; c. which is outdated or obsolete and which is stored or not being used; d. which by its nature cannot be replaced by a new article including, but not limited to, antiques, fine arts, souvenirs, and collectors' items; e. which is at a residence rented or held f'or rental to others. 2. When replacement coverage does not apply because of an exclusion under this section we will pay actual cash value at the time of loss. 3. When coverage does not apply because of an exclu- sion in this endorsement, the conditions of the pri- mary policy will apply. RIGHTS AND DUTIES - CONDITIONS Loss Settlement We will pay the smallest of the following amounts for any one item of insured property: a. replacement cost; b. repair cost; c. any special limitations described in the policy. 2. When the replacement cost for the entire loss under this endorsement is more than $1,000, we will not pay more than the actual cash value for the loss or damage until actual repair or replacement is com- pleted. 3. You may make claim for loss on an actual cash val- ue basis and then make claim within one year after the loss for any additional amounts we are required to pay under this Loss Settlement provision. ALL OTHER PROVISIONS OF THE POLICY AP- PLY. 019639 HP-BD - 1 PIONEER HONIEPROTECTOR HP-AA's (Ed. 1/97) OF-506 PREMISES ALARM SYSTEM ENDORSEMENT DEFINITIONS 1. Unless defined in this endorsement, each word in bold a. Central Station Fire and/or Burglary Alarm Svs- type is defined in the policy. tem; or • "Approved" means that the alarm system unit carries an "Underwriters' Laboratories, Inc. Listed" label. In the case of a Burglary alarm system, it must have been installed to warn against entry at all openings accessible from the ground level, fire escapes, and from hallways and stairways used in common with any other residents of the same building. b. Fire and Burglary Alarm System that directly and automatically alerts the Fire Department or Police Department. ?. Fire and/or Burglary Alarm System that does not directly and automatically alert the Fire Department or Police Department. OUR PROMISE If an alarm system of a type listed below is installed on the described premises, we will reduce your premium by the appropriate amount. An approved and properly maintained alarm system means: YOUR DUTIES You agree to maintain the system and to notify us of any change in type, installation, maintenance or service ar- rangements, deactivation or removal of the system. ALL OTHER PROVISIONS OF THE POLICY AP- PLY. WHERE TO LOOK IN YOUR POLICY AGREEMENT ......................4 ERIE INSURANCE EXCHANGE ....... 4 ERIE INSURANCE PROPERTY & CASUALTY COMPANY ......... _ 4 DEFINITIONS .. .... ........ .... .... ? ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS .......... 5 ADDITIONAL ERIE INSURANCE PROPERTY & CASUALTY COMPANY DEFINITIONS .......... 5 WHEN AND WHERE THIS POLICY APPLIES . 5 PROPERTY PROTECTION -- SECTION I .... 6 DWELLING COVERAGE ........... 6 OUR PROMISE ................ 6 OTHER STRUCTURES COVERAGE . . . . 6 OUR PROMISE .. .. ... . . . . . .. . . 6 PERSONAL PROPERTY COVERAGE ... 6 OUR PROMISE .... ... 6 SPECIAL LIMITS -- PERSONAL PROPERTY ....................7 LOSS OF USE COVERAGE .. .. . . . . .. 7 OUR PROMISE .... .... . ... ... . 7 PERILS WE INSURE AGAINST . .. ... . 7 WHAT WE DO NOT COVER -- EXCLUSIONS .... . WHAT WE ALSO PAY . .... 9 (1) AUTOMATIC GARAGE DOOR OPENER .... (2) COLLAPSE ... . . . .. . ... . . . . 9 (3) CREDIT CARD, CHARGE PLATE, CHECK FORGERY AND COUNTERFEIT MONEY PROTECTION 9 (4) DEBRIS REMOVAL AFTER LOSS 10 (5) EMERGENCY REMOVAL OF PROPERTY ...... 10 (6) FIRE DEPARTMENT SERVICE CHARGES .................. 10 (7) FIRE EXTINGUISHER RECHARGE 10 (8) LOCK REPLACEMENT AFTER LOSS ...................... 10 (9) LOSS ASSESSMENT ......... 10 (10) MECHANICAL SERVANT AND ROBOT PROTECTION .......... 10 (11) NON-OWNED RESIDENCES ... 11 (12) ORDINANCE OR LAW COVERAGE ................. 11 (13) REFRIGERATED PRODUCTS 11 (14) TEMPERATURE CHANGE 11 (15) TEMPORARY REPAIRS AFTER LOSS ...................... 11 (16) TREES, SHRUBS, PLANTS AND LAWNS DEDUCTIBLE ................. II RIGHTS AND DUTIES -- CONDITIONS -- SECTION I . .. . .. .. .... .... .... ... I 1 (1) ABANDONMENT OF PROPERTY .. 11 (2) APPRAISAL . .... .... .... . .. 11 (3) AUTOMATIC ADJUSTMENT OF COVERAGE AMOUNTS .... .... ... 12 (4) ERIE OPTION .... .... . 12 (5) INCREASE OF HAZARD . . .... .. 12 (6) LOSS PAYMENT ............. 12 (7) LOSS SETTLEMENT ........... 12 (8) LOSS TO A PAIR OR SET . .. . . .. 13 (9) MORTGAGE CLAUSE ......... 13 (10) NO BENEFIT TO BAILEE ....... 13 (11) OTHER INSURANCE .. .... ... 13 (12) PERMISSION GRANTED TO YOU . 13 (13) RECOVERED PROPERTY . .. ... 14 (14) SUIT AGAINST US .... . ... ... 14 (15) WHAT TO DO WHEN A LOSS HAPPENS . .. .. .. ..... 14 HOME AND FAMILY LIABILITY PROTECTION -- SECTION II ........... 14 BODILY INJURY LIABILITY COVERAGE 14 PROPERTY DAMAGE LIABILITY COVERAGE ................... 14 OUR PROMISE ............... 14 PERSONAL INJURY LIABILITY COVERAGE ................... 14 OUR PROMISE ..... 14 MEDICAL PAYMENTS TO OTHERS COVERAGE ................... IS OUR PROMISE .... 15 2 WHAT WE DO NOT COVER -- EXCLUSIONS .................. 15 WHAT WE ALSO PAY . .... .... .. . 17 (1) CLAIM EXPENSES ........... 17 (2) DAMAGE TO PROPERTY OF OTHERS ................... 17 (3) FIRST AID EXPENSES ........ 17 (4) LOSS ASSESSMENT -- PERSONAL LIABILITY COVERAGE ......... 17 RIGHTS AND DUTIES -- CONDITIONS -- SECTION H ...................... 17 (1) DUTIES OF AN INJURED PERSON -- MEDICAL PAYMENTS TO OTHERS COVERAGE ................. 17 (2) LIMITS OF PROTECTION .. .. . 17 (3) OTHER INSURANCE -- PERSONAL LIABILITY COVERAGE . . . . .. . . . 18 (4) SUIT AGAINST US .. . . . . . . .. 18 (5) WHAT TO DO WHEN AN OCCURRENCE, OFFENSE, CLAIM OR SUIT HAPPENS .. .. .... .. . . . . . I8 RIGHTS AND DUTIES -- GENERAL POLICY CONDITIONS -- SECTIONS I & II ........ 18 (1) ACCOUNTING ............. 18 (2) ASSIGNMENT ............. 18 (3) BANKRUPTCY OF ANYONE WE PROTECT .................. 18 (4) CANCELLATION ........... 19 (5) CONCEALMENT, FRAUD OR MISREPRESENTATION ......... 19 (6) CONTINUOUS POLICY ....... 19 (7) COOPERATION ............ 19 (8) HOW YOUR POLICY MAY BE CHANGED .................. 19 (9) OUR RIGHT TO RECOVER FROM OTHERS ................... 19 (10) PRIORITY .... . ... . ...... 19 (11) SURVIVORS' COVERAGE .. . . . 20 (12) TIME OF INCEPTION .... . . . 20 3 ' ERIE'INSURANCE GROUP is proud to present this Broadcover HomeProtector Policy. This important contract between YOU and The ERIE consists of this policy with coverage agreements, limitations, exclusions and conditions, a Declarations, plus any endorsements. It is written in plain, simple terms so it can be easily understood. We urge YOU to read this policy. This policy contains many XTRA PROTECTION FEATURES developed by The ERIE. Wherever an "X" appears in the margin of this policy, YOU receive XTRA PROTECTION, either as additional coverage or as a coverage not found in most homeowners policies. The protection given by this policy is in keeping with the single purpose of our Founders: "To provide YOU with as near PERFECT PROTECTION, as near PERFECT SERVICE, as is humanly possible, and to do so at the LOWEST POSSIBLE COST." AGREEMENT ERIE INSURANCE EXCHANGE In return for your timely premium payment, your com- pliance with all of the provisions of this policy, and your signing of a Subscriber's Agreement with Erie Indemnity Company and other Subscribers, we agree to provide the coverages you have purchased. Your coverages and amounts of insurance are shown on the Declarations, which are part of this policy. Your signing the Subscriber's Agreement, which includes a limited power-of-attorney, permits Erie Indemnity Company, as Attorney-in-Fact, to make reciprocal insur- ance contracts between you and other Subscribers and otherwise manage the business of the Erie Insurance Exchange. This power-of-attorney applies only to your insurance business at the Exchange and is limited to the purposes described in the Subscriber's Agreement. Your responsibility as a Subscriber is determined by this policy and the Subscriber's Agreement. This policy is not assessable. You are not liable for the losses of other Subscribers. This agreement is made in reliance on the information you have given us, and is subject to all the terms of this policy. This policy, all endorsements to it, and the Subscriber's Agreement constitute the entire agreement between you and us. ERIE INSURANCE PROPERTY & CASUALTY COMPANY In return for your timely premium payment and your compliance with all of' the provisions of this policy, we agree to provide the coverages you have purchased. Your coverages and amounts of insurance are shown on the Declarations, which are part of this policy. This agreement is made in reliance on the information you have given us, and is subject to all the terns of this policy. This policy and all endorsements to it constitute the entire agreement between you and us. DEFINITIONS Throughout your policy and its endorsements the fol- ness use, or without permission of the owner is lowing words have a special meaning when they appear not anyone we protect. in bold type: • "bodily injury" means physical harm, sickness or • "aircraft" means any machine or device capable of disease, including mental anguish or resulting death, X atmospheric flight except model airplanes. but does not include: • "anyone we protect" means you and the following residents of your household: 1. relatives and wards; 2. other persons in the care of anyone we protect. Under Home and Family Liability Protection, anyone we protect also means: 3. any person or organization legally responsible for animals or watercraft which are owned by you, or any person included in 1. or 2., and covered by this policy. Any person or organization using or having custody of these animals or watercraft in the course of any business, or without permis- sion of the owner is not anyone we protect; 4. any person with respect to any vehicle covered by this policy. Any person using or having custody of this vehicle in the course of any busi- 1. any communicable disease or condition trans- mitted by anyone we protect to any other person through a parasite, virus, bacteria or any other organism. 2. the exposure to or transmission of any disease, parasite, virus, bacteria or other organism by anyone we protect to any other person. "business" means any full-time, part-time or occa- sional activity engaged in as a trade, profession or occupation, including farming. "Declarations" means the form which shows your coverages, amounts of insurance, premium charges and other information. This form is part of your policy. Declarations include forms titled Amended Declarations, Renewal Declarations, Revised Decla- rations, Reinstatement of Coverage, Duplicate Dec- larations, New Declarations or Continuation Notice. 4 . • insured location" means: 1. the residence premises; 2. the part of any other premises, other structures, and grounds acquired by you during the policy period which you intend to use as a residence premises; 3. any premises used by anyone we protect in con- nection with premises included in 1. or 2.; 4. any part of a non-owned premises: a. where anyone we protect is temporarily residing; or b. occasionally rented to anyone we protect for non-business purposes; 5. vacant land, other than farmland, owned by or rented to anvone we protect; 6. land owned by or rented to anyone we protect on which a one or two family residence is being built for occupancy by anyone we protect; 7. cemetery plots or burial vaults of anyone we protect. • "medical expense" means reasonable charges for nec- essary medical, surgical, x-ray and dental services, including prosthetic devices, eyeglasses, contacts, hearing aids and pharmaceuticals; and also includes ambulance, hospital, licensed nursing and funeral services. • "occurrence" means an accident, including contin- uous or repeated exposure to the same general harmful conditions. • "personal injury" means injury arising out of: 1. libel, slander or defamation of character; 2. false arrest, wrongful detention or imprisonment, malicious prosecution, racial or religious disc ination, wrongful entry or eviction, invasion of privacy, or humiliation caused by any of these. • "property damage" means: physical injury to or destruction of tangible property, including loss of its use. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; loss of use of tangible property which is not physically injured or destroyed. All such loss of use shall be deemed to occur at the time of the occurrence. "residence employee" means an employee of anyone we protect who performs duties in connection with the maintenance or use of the residence premises, including similar duties elsewhere, not in connection with the business of anyone we protect. WHEN AND WHERE This policy applies to losses that occur during the policy period. The policy period is shown on the Declarations. Unless otherwise specified on the Declarations, the policy period begins and ends at 12:01 A.M., Standard Time at the stated address of the Named Insured. Property Protection -- Section I. This policy applies to property losses as designated in the specific coverage • "residence premises" means the dwelling where you reside, including the structures and grounds, or that part of any other building where you reside and which is shown as residence premises on the Decla- rations. • "resident" means a person who physically lives with you in your household. Your unmarried. unemancipated children under age 24 attending school full-time and living away from home will be considered residents of your household. ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS The following words have special meaning in policies issued by Erie Insurance Exchange when they appear in bold type: • "Subscriber" means the person(s) who signed the Subscriber's Agreement. • "Subscriber's Agreement" means an agreement, including a limited power-of-attomey, among the Subscribers and the Erie Indemnity Company, as Attorney-in-Fact. • 'We", "us" or "our" means the Subscribers at Erie Insurance Exchange as represented by their common Attomey-in-Fact, Erie Indemnity Company. • "You", "your" or Named Insured" means the Sub- scriber and others named on the Declarations under Named Insured. Except in the GENERAL POLICY CONDITIONS Section, these words include the spouse of the Subscriber if a resident of the same household. ADDITIONAL ERIE INSURANCE PROPERTY & CASUALTY COMPANY DEFINITIONS The following words have special meaning in policies issued by Erie Insurance Property & Casualty Company when they appear in bold type: • 'We", "us" or "our" means the Erie Insurance Prop- erty & Casualty Company. • "You", "your" or 'Named Insured" means the person(s) named on the Declarations under Named Insured. Except in the GENERAL POLICY CON- DITIONS section, these words include your spouse if a resident of the same household. THIS POLICY APPLIES and at the location(s) insured under this policy. In addi- tion, personal property is covered while located any- where in the world. Home and Family Liability Protection -- Section H. This policy applies to bodily injury, property damage and per- sonal injury losses occurring anywhere in the world. PROPERTY PROTECTION -- SECTION I DWELLING COVERAGE OUR PROMISE We will pay for loss to: Your dwelling at the residence premises shown on the Declarations. Dwelling includes attached struc- tures, and building equipment and fixtures servicing the premises. Construction material at the residence premises for use in connection with your dwelling. This coverage does not apply to land or water, including natural water, above or below the surface of the ground. OTHER STRUCTURES COVERAGE OUR PROMISE We will pay for loss to: Other structures at the residence premises separated from the dwelling, including garages, fences, shelters, tool sheds or carports. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered to be other structures. 2. Construction material at the residence premises for use in connection with your other structures. We do not pay for loss to structures: 1. used in whole or in part for business purposes (except rental or holding for rental of structures used for private garage purposes). 2. used to store business property. Llowever, if the business property is solely owned by anyone we protect, we do provide coverage for the structure. The business property may not 'include gaseous or liquid fuel, unless the fuel is in a fuel tank that is permanently installed in a vehicle or craft which is parked or stored in the structure. This coverage does not apply to land or water, including natural water, above or below the surface of the ground. PERSONAL PROPERTY COVERAGE OUR PROMISE We will pay for loss to: 1. Personal property owned or used by anyone we protect anywhere in the world. 2. At your option, personal property owned by others while the property is on your residence premises. 3. At your option, personal property of: a. guests and residence employees while the prop- erty is in a residence occupied by anyone we protect; b. residence employees away from the residence premises while actually engaged in the service of anyone we protect. 4. At your option, building additions, alterations, fix- tures, improvements or installations made, or acquired at your expense, by you to residences occu- pied by, but not owned by you, for an amount not exceeding 10°'0 of the amount of insurance under this coverage. Payment will not increase the appli- cable amount of insurance under this policy. 5. Cemetery property, including monuments, headstones, gravemarkers, and urns. 6. Animals, birds and fish, but only while on the resi- dence premises, for the following perils to the extent covered under Perils We Insure Against: Fire or Lightning, Windstorm or Hail, Explosion, Sonic Boom, Riot or Civil Commotion, Aircraft, Vehicles, Smoke and Vandalism or Malicious Mischief. 7. Electronic apparatus and equipment: a. while in or upon a motor vehicle or other motorized land conveyance; and b. if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power. Electronic apparatus includes cellular phones, fax machines, radios, tape and disc players, and similar equipment or devices for the recording, reproduction, receiving or transmitting of sound or pictures. Elec- tronic apparatus also includes accessories used in conjunction with such apparatus, including antennas, tapes, wires, records, discs or other media. When there is a loss of tapes, compact discs or similar media by theft from a motor vehicle or other motorized land conveyance, we will pay up to $150 for the tapes, compact discs or similar media. We do not pay for loss to: 1. Land motor vehicles and parts. a. We do cover vehicles not subject to motor vehicle registration which are: 1) Designed to assist the handicapped, or 2) Used solely to service the residence premises. 2. Aircraft and parts. 3. Electronic apparatus and equipment which is solely powered from the electrical system of motor vehicles or any other motorized land conveyances. 4. Property rented or held for rental to others away from the residence premises. 5. Property of roomers, boarders or tenants not related to anyone we protect. 6. Any of the following: a. Books of account, drawings, or other paper records containing business data; or b. Electronic data processing tapes, wires, records, discs, or other software media containing busi- ness data. This includes business data stored in computers and related equipment. X X X X However, we do cover the cost of unexposed or blank records or media. 7. Radar detectors. 8. Property specifically insured by this or any other insurance. 9. Except as provided under Special Limits -- Personal Property, property pertaining to a business conducted away from the residence premises unless at the time of loss such property is on the residence premises. However, we do not cover such property on the resi- dence premises while it is stored, held as samples, or held for sale or delivery after sale. 10. Land or water, including natural water, above or below the surface of the ground. SPECIAL LIMITS -- PERSONAL PROPERTY Limitations apply to the following personal property. These limits do not increase the amount of insurance under Personal P roperty Coverage: Total Amount Description of Personal of Insurance In Property Subject to Any One Loss Limitations $250 •Arumals, birds and fish $250 *Money, travelers checks, stored value cards, bank notes, bullion, numismatic property, gold other than goldware or gold-plated ware, silver other than silverware or silver-plated ware, and platinum other than platinumware $1000 -Theft of trading cards, including sports cards $2000 •Accounts, bills, deeds, evidences of debt, letters of credit, notes other than bank notes, passports, securities, tickets, stamps and philatelic property $2000 *Trailers and campers not otherwise insured, whether licensed or not $2000 *Watercraft, including their trailers, whether licensed or not, furnishings, equipment and outboard motors $2000 *Manuscripts $2500 *Property pertaining to a business actually conducted on the residence premises, including property in storage, held as samples, or held for sale or delivery after sale $500 *Business property away from the res- idence premises, regardless of whether the business is conducted on or away from the residence premises $3000 *Theft of guns and related equipment $3000 *Theft of jewelry, watches, furs, pre- cious and semi-precious stones $3000 *Theft of silverware, silver-plated ware, goldware, gold-plated ware and pewterware 10% of *Personal property usually situated at Personal any residence owned or occupied by Property anyone we protect other than a resi- Coverage- dence premises. Personal property in a (but not less newly-acquired principal residence is than $2000) not subject to this limitation for the 30 days immediately after you begin to move property there. LOSS OF USE COVERAGE OUR PROMISE If an insured property loss makes your residence premises uninhabitable, we will pay all reasonable additional living expenses while you and members of your household reside elsewhere. Payment shall be for the shortest time required to repair or replace the premises or, if you choose, for you to per- manently relocate. These payments will not exceed a 12 month period. We will also pay for your loss of normal rents resulting from the loss, less charges and expenses which do not continue while the rented part of the residence premises is uninhabitable. We will pay this loss of normal rents only until the rented part is habitable. If' a loss from a peril covered under Perils We Insure Against occurs at a neighboring premises, we will pay additional living expenses and loss of normal rents for up to two weeks should civil authorities prohibit you from occupying your premises. 'T'hese periods of time are not limited by the expiration of this policy. No deductible applies to this coverage. We will not pay for loss or expense due to the cancella- tion of any lease or agreement. This coverage also applies to a loss at a covered sec- ondary location. PERILS WE INSURE AGAINST We pay for direct physical loss to property insured under the Dwelling, Other Structures and Personal Property Coverages caused by any of the following perils, unless the loss is excluded elsewhere under this policy: 1. Fire or Lightning. 2. Windstorm or Hail, but not including loss: a. caused by frost, cold weather, ice, snow, sleet, sand or dust; b. to the interior of any building, or property within, unless the building is first damaged by the direct force of wind or hail; or c. to watercraft (except rowboats and canoes at an insured location) and their trailers, furnishings, equipment and motors unless inside a fully enclosed building. 3. Explosion. X X 4. Sonic Boom. 16. 5. Riot or Civil Commotion. 6. Aircraft, including missiles and spacecraft. 7. Vehicles. 8. Smoke, if the loss is sudden and accidental. X 9 X 10 11 X X X This does not include loss caused by smoke from agricultural smudging or industrial operations. 'Vandalism or Malicious Mischief. Breakage of Glass which is part of the building, including storm doors, storm windows, shower doors and built-in mirrors. Losses shall be settled on a replacement basis with safety glazing materials when required by law. Theft, including attempted theft and loss of property from a known location when it is likely that the property has been stolen. We also cover direct loss of covered personal property by theft while it is unattended in or on a motor vehicle, trailer, or watercraft. This does not include: a. theft committed by anyone we protect; b. theft of property from within a dwelling under construction unless that property has become a part of the building, or of materials and supplies for use in the construction until the dwelling is completed and occupied; C. theft of property while at another dwelling or adjacent structures owned by, rented to, or occu- pied by anyone we protect unless anyone we protect is temporarily residing there. X Property of a student we protect is covered while at a residence away from home. This coverage is not subject to the 10% of Personal Property Coverage limit under Special Limits - Personal Property. Theft losses must be promptly reported to us and to the police. 12. Falling Objects, but not including: a. loss to the interior of any building, or property within, unless the falling object first damages the building exterior; or b. damage to the falling object. 13 X 14 15 Weight of Ice, Snow or Sleet, but not including loss: a. to personal property outside the building; or b. to cloth awnings, fences, patios, pavements, swimming pools, decks, foundations, retaining walls, bulkheads, piers, wharves or docks. Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning system, or fire protective system, or an appliance for heating water. This does not cover loss caused by or resulting from freezing. Freezing by temperature reduction of a plumbing, heating, air conditioning, or fire protective system, or of a household appliance. This does not include loss on the residence premises while the dwelling is vacant, unoccupied or being constructed unless you have used reasonable care to: a. maintain heat in the building, or b. shut off the water supply and drain the system or appliances of water. 17 18 Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning, or fire protective system, household appliance, waterbed or aquarium. Coverage includes the cost of tearing out and replacing any part of the building on the residence premises necessary to repair the damage. This does not include loss: a. to a building caused by constant or repeated seepage or leakage over a period of weeks, months or years; b. to the defective system or appliance (other than a waterbed or aquarium); c. caused by or resulting from freezing; d. on the residence premises caused by accidental discharge or overflow which occurs off the resi- dence premises; e. caused by overflow from gutters or drain spouts. For this peril, a plumbing system does not include a sump, sump pump or related equipment. Damage due to a sudden and accidental surge of electrical current. Volcanic Eruption. This does not include loss caused by earthquake, land shock waves or tremors. Volcanic eruptions occurring within a 72 hour period will be considered one volcanic eruption. WHAT WE DO NOT COVER -- EXCLUSIONS We do not pay for loss resulting directly or indirectly from any of the following, even if other events or hap- penings contributed concurrently, or in sequence, to the loss: 1. by earth movement, due to natural or manmade events, meaning earthquake including land shock waves, or tremors before, during, or after a Volcanic Eruption, mine subsidence, sinkhole, landslide, mudslide, mud flow, earth sinking, rising, or shifting. Direct loss by Fire, Explosion, Sonic Boom, Theft or Breakage of Glass resulting from earth movement, mine subsidence, sinkhole, landslide, mudslide, mud flow, earth sinking, rising or shifting is covered. 2. by water damage, meaning: a. flood, surface water, waves, tides, tidal water or overflow of a body of water. We do not cover spray from any of these, whether or not driven by wind; b. water or sewage which backs up through sewers or drains, or water which enters into and over- flows from within a sump pump, sump pump well or any other system designed to remove subsurface water which is drained from the foun- dation area; or c. water below the surface of the ground. This includes water which exerts pressure on, or flows, seeps or leaks through any part of a building or other structure, including sidewalks, driveways, foundations, pavements, patios, swimming pools or decks. We do pay for direct loss that follows, caused by Fire, Explosion, Sonic Boom or Theft. 3. by power interruption if the interruption takes place away from the residence premises. If a loss from a peril covered under Perils We Insure Against X X X 4. 5. 10. happens on the residence premises as a result of a power interruption, we will cover only loss caused by that peril. by war, whether declared or undeclared, discharge of a nuclear weapon (even if accidental), hostile or warlike action in time of peace or was, insurrection, rebellion, revolution, civil war, usurped power, including action taken by governmental authority in defending against such an occurrence. by nuclear action or radiation or radioactive contam- ination, however caused. Nuclear action includes nuclear reaction, discharge, radiation or radioactive contamination, whether manmade or occurring naturally. Loss caused by nuclear action is not considered loss by Fire, Explosion, Sonic Boom or Smoke. If loss by Fire results, we will pay for that resulting loss. by radon gas contamination. by the enforcement of any ordinance or law regu- lating the construction, repair or demolition of a building or other structure, unless specifically pro- vided under this policy. We do cover loss caused by actions of civil authorities to prevent the spread of a fire caused by a peril covered under Perils We Insure Against. by neglect of anyone we protect to use all reasonable means to protect covered property at and after the time of loss or when property is threatened by a peril covered under Perils We Insure Against. by intentional loss, meaning any loss arising from an act committed by or at the direction of anyone we protect with the intent to cause a loss. by the destruction, confiscation or seizure of prop- erty by order of any governmental or civil authority. We do cover loss caused by actions of governmental or civil authorities to prevent the spread of a fire cause by a peril covered under Perils We Insure Against. by the inability to correctly process, recognize, dis- tinguish, interpret or accept any date or time for loss or damage to electronic data processing equipment, computer networks, computer hardware (including microprocessors either as part of a computer system or operating outside of a system), computer pro- grams, software, media or data. We will not pay for: a. any repair, restoration, replacement or modifica- tion to correct any deficiencies or change any features or functions; or b. loss or damage, regardless of when the electronic data processing equipment, computer hardware, computer programs, software, media or data were purchased, obtained or installed. WHAT WE ALSO PAY (1) AUTOMATIC GARAGE DOOR OPENER X We will pay up to $500 for loss to personal property, including the garage door, at the residence premises resulting from the use or malfunction of an automatic garage door opener. (2) COLLAPSE We will pay for direct physical loss to insured property involving collapse of a building or any part of a building, Collapse means the sudden caving in or falling down of a building or part of a building. Collapse of a building, or part of a building must result in the inability of that property to be used for its current intended purpose. Collapse does not include: a building or part of a building that is in danger of collapsing; a building or part of a building that is standing even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage, expansion; or part of a building still standing but is no longer attached to another part of the building. Loss to insured property involving collapse of a building or any part of a building must be caused only by one or more of the following: 1. Fire or Lightning, Windstorm or Hail, Explosion, Sonic Boom, Riot or Civil Commotion, Aircraft, Vehicles, Vandalism or Malicious Mischief, Breakage of Glass, Falling Objects, or Weight of Ice, Snow or Sleet; 2. hidden decay, or hidden insect or vermin damage not known to anyone we protect prior to the collapse; 3. weight of people, animals, contents or equipment; 4. weight of rain which collects on a roof; 5. use of defective materials or methods in con- struction, remodeling, or renovation if the collapse occurs during the course of the construction, remod- eling or renovation. We will not be liable for loss under 2., 3., 4. or 5. above to the following property unless the loss is a direct result of the collapse of a building or part of a building: Cloth awnings, fences, pavements, patios, swimming pools, decks, underground pipes, flues, drains, cesspools, septic tanks, foundations, retaining walls, bulkheads, piers, wharves or docks. Payment will not increase the amount of insurance applying to the loss. (3) CREDIT CARD, CHARGE PLATE, CHECK FORGERY AND COUNTERFEIT MONEY PROTECTION We will pay up to $2500 for the legal obligation of anyone we protect to pay because of Theft, forgery or unauthorized use of any credit or fund transfer card, charge plate, check or negotiable instrument issued to or registered in the name of anyone we protect. We will also pay for loss each time anyone we protect unknow- ingly accepts counterfeit money. No deductible applies to this coverage. We require evi- dence of loss. We will not pay for: 1. loss arising from any business; 2. loss arising from anyone we protect. When loss is discovered, anyone we protect must give us immediate notice. If the loss involves a credit or fund transfer card or charge plate, anyone we protect must X X also give immediate notice to the issuer of the card or plate. Failure to comply with the terms and conditions of the card or plate voids this protection. X If a loss occurring during the policy period is discovered within a year after the policy has been cancelled, we will pay for the loss. If a prior loss is discovered during the policy period and no other insurance applies, we will pay for the loss. We have the right to investigate and settle any claim or suit before making payment. Full payment of the amount of insurance ends our obligation under each claim or suit. Repeated losses caused by or involving one person are to be considered one loss. If a claim is made or suit is brought against anone we protect for liability under the Credit Card Or- Charge Plate Protection, we will provide a defense. The defense will be at our expense, with a lawyer we choose. We have the option under the Check Forgery Protection to defend at our expense anyone we protect or their bank against a suit for the enforcement of payment. (4) DEBRIS REMOVAL AFTER LOSS We will pay the expense for removal of: debris of covered property following loss under Perils We Insure Against; ash, dust or particles from Volcanic Eruption that has caused direct loss to a building or property within a building; or fallen trees which cause damage to covered property, provided coverage is not afforded elsewhere by this policy. If the amount of insurance applying to the loss is exhausted, we will pay up to an additional 5% of the amount of insurance applying to the damaged property for removal of debris. We will also pay up to $1000 per occurrence with a limit of $500 per tree for the removal of fallen trees on the res- idence premises if loss is caused by Windstorm, Hail or Weight of Ice, Snow or Sleet even when covered prop- erty is not damaged. (5) EMERGENCY REMOVAL OF PROPERTY We will pay for property damaged in any way while removed from your residence premises because of danger from an insured peril. Coverage is limited to a 30-day period from date of removal. Payment will not increase the amount of insurance applying to the loss. (6) FIRE DEPARTMENT SERVICE CHARGES X We will pay all reasonable fire department service charges to save or protect insured property. Payment is in addition to the amount of insurance applying to the loss. (7) FIRE EXTINGUISHER RECHARGE We will pay expenses incurred to recharge portable fire extinguishers after they are used to fight a fire. No deductible applies to this coverage. (8) LOCK REPLACEMENT AFTER LOSS At your request, we will pay up to $250 to replace keys and locks to the exterior doors of the residence premises, as well as keys and locks to your other property (autos, boats, etc.), if the keys are stolen during a Theft loss. This coverage does not apply to keys and locks per- taining to business property. We will pay for replacement of automatic garage door transmitters when a transmitter has been stolen. Cov- erage is also provided for the cost to reprogram the fre- quency on additional transmitters and/or the control unit box. No deductible applies to this coverage. (9) LOSS ASSESSMENT (Applicable to Section 1 and Section 11 - Personal Liability Coverage Only) We will reimburse you for an assessment charged against you as owner or tenant of the residence premises by an association or corporation of property owners, minus any other valid and collectible insurance available to the association or corporation coveting the same assessment. Under Property Protection - Section 1, the assessment must result from a direct loss to property, owned by all the property owners collectively, caused by any of the Perils We Insure Against. Under Section 11 - Personal Liability Coverage Only, the assessment must result from an occurrence covered under this policy. Unless otherwise shown on the Declarations, our amount of insurance for this protection is $5000 per X assessment. If you are assessed for a covered water loss, we will pay your share of the cost of tearing out and replacing any part of an insured location necessary to repair the system or appliance. The policy deductible applies to each dwelling under Property Protection - Section I only. We will not pay if the loss is caused by earthquake or land shock waves or tremors which occur before, during or after a Volcanic Eruption. We also will not pay for any loss assessments charged by a governmental body. (10) MECHANICAL SERVANT AND ROBOT PROTECTION No deductible applies to this coverage. We will pay up to $500 for loss to personal property X the residence premises caused by Malfunction of a mechanical servant or robot. 10 (11) NON-OWNED RESIDENCES We will pay up to $1000 for loss by Theft and Vandalism or Malicious Mischief to residences occupied by, but not owned by anyone we protect. (12) ORDINANCE OR LAW COVERAGE If a loss by a Peril We Insure Against occurs to covered property, or the building containing the covered prop- erty, we will pay for the increased costs incurred due to the enforcement of any ordinance or law that is in force at the time of the loss up to 10% of the amount of insurance under Dwelling Coverage or $5000, whichever is greater. You may use this coverage for: 1. the construction, demolition, renovation or repair of the portion of the building damaged by a Peril We Insure Against; or 2. the demolition and reconstruction of the undamaged portion of the building if the entire building must be demolished because of damage by a Peril We Insure Against; or 3. the removal or replacement of the undamaged portion of the building because of the repair or replacement of the portion of the building damaged by a Peril We Insure Against; or 4. the removal of debris resulting from the con- struction, demolition, renovation, repair or replace- ment of 1., 2. or 3. Ordinance or Law Coverage does not include coverage for: 1. loss in value to any covered building due to the requirements of any ordinance or law; or 2. the cost to comply with any ordinance or law requiring the testing, monitoring, cleaning up, removing, containing, treating, detoxifying, neutral- izing, responding to or assessing the effects of any solid, liquid, gaseous or thermal irritant, pollutant or contaminant in or on any covered building. (13) REFRIGERATED PRODUCTS We will pay for loss to the contents of refrigerator or freezer units on the residence premises from either power or mechanical failure. Coverage will be void if the contents are on the residence premises for business purposes. (14) TEMPERATURE CHANGE We will pay for loss to insured personal property X resulting from change of temperature. There must first be damage done by a peril covered under Perils We Insure Against occurring at the residence premises. Pavrnent will not increase the amount of insurance applying to the loss. (15) TEMPORARY REPAIRS AFTER LOSS We will pay for reasonable and necessary expenses for temporary repairs to protect covered property from further damage after loss by a peril covered under Perils We Insure Against. Payment will not increase the amount of insurance applying to the loss. (16) TREES, SHRUBS, PLANTS AND LAWNS We will pay up to an additional 5% of the amount of insurance under Dwelling Coverage for loss to trees, shrubs, plants and lawns at the residence premises. Coverage applies only to loss caused by the following perils covered under Perils We Insure Against: Fire or Lightning, Explosion, Sonic Boom, Riot or Civil Commotion, Aircraft, Vehicles, Smoke, Vandalism or X Malicious Mischief and Theft. We will not pay for: 1. more than $500 on any one tree, shrub or plant; 2. damage to lawns by vehicles owned or operated by a resident of the residence premises; 3. trees, shrubs, plants or lawns grown for business pur- poses. DEDUCTIBLE We will pay for loss minus the deductible shown on the Declarations. Unless otherwise provided in an endorse- X ment, in the event of total loss to the Dwelling from a covered peril, the deductible will not apply. The deductible does not apply to: 1. Loss of Use Coverage 2. Credit Card, Charge Plate, Check Forgery and Counterfeit Money Protection 3. Fire Department Service Charges 4. Fire Extinguisher Recharge 5. Lock Replacement After Loss RIGHTS AND DUTIES -- CONDITIONS -- SECTION (1) ABANDONMENT OF PROPERTY We are not required to accept abandoned property (2) APPRAISAL If you and we fail to agree on the amount of loss, on the written demand of either, each party will choose a com- petent appraiser and notify the other of the appraiser's identity within 20 days after the demand is received. The appraisers will select a competent and impartial umpire. If the appraisers are unable to agree upon an umpire within 15 days after both appraisers have been identified, you or we can ask a judge of a court of record in the state where your residence premises is located to select an umpire. 11 The appraisers shall then set the amount of loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon shall be the amount of loss. If they cannot agree, they will submit their differences to the umpire. A written award by two will determine the amount of loss. Each party will pay the appraiser it chooses, and equally bear expenses for the umpire and all other expenses of the appraisal. However, if the written demand for appraisal is made by us, we will pay for the reasonable cost of your appraiser and your share of the cost of the umpire. We will not be held to have waived any rights by any act relating to the appraisal. (3) AUTOMATIC ADJUSTMENT OF COVERAGE AMOUNTS This policy provides you with a guard against the effects of inflation in construction costs. X We will keep track of costs and at the next policy period we will adjust the amount of your building coverage if necessary. Adjustments in other coverages (Other Struc- tures Coverage and Personal Property Coverage) will also be made proportionately. Your premium will be adjusted at each policy period to reflect any change in the amount of insurance. During the policy period, if there is an increase in con- struction costs and a loss occurs, we will reflect the increase in the amount of insurance before making payment. There will be no charge for this additional coverage. However, if for any reason other than inflation or con- struction costs, the amount of insurance on your home becomes inadequate, or if you made substantial improve- ments to your home and failed to notify us to increase the amount of your insurance, the amount of insurance shown on the Declarations will be the full amount avail- able should a loss occur. (4) ERIE OPTION If we give you written notice within 30 days after we receive your signed, sworn statement of loss, we may repair or replace any part of the property damaged with equivalent property. (5) INCREASE OF HAZARD Unless we agree beforehand, coverage is suspended if the hazard is substantially increased by any means within the control or knowledge of anyone we protect. (6) LOSS PAYMENT We will settle any claim for loss with you. We will pay you unless some other person is named in the policy or is legally entitled to receive payment. We will pay within 30 days after we receive your proof of loss and the amount of loss is finally determined by one of the fol- lowing: 1. we have reached an agreement with vou; or 2. there is an entry of final judgment; or 3. there is a filing of an appraisal award on your behalf. (7) LOSS SETTLEMENT The increased cost incurred to comply with the enforce- ment of any ordinance or law is not included under this condition, except for coverage that is provided under What We Also Pay, Ordinance or Law Coverage. The following types of losses will be settled on an actual cash value basis. This means we will deduct for depreci- ation. Losses to: • property insured under Personal Property Coverage • structures that are not buildings or carports • carpeting • household appliances • cloth awnings • outdoor antennas and outdoor equipment, whether or not attached to buildings • insured buildings and structures which do not meet the requirements for a replacement cost settlement described below. The actual cash value will be determined at the time of the loss. Payment will not exceed the amount necessary to repair or replace the damaged property. Dwelling and Other Structures Coverage Loss under Dwelling Coverage or Other Structures Cov- erage will be settled by one of the following methods: REPLACEMENT COST SETTLEMENT (meaning we will not deduct for depreciation): a. provided the Declarations shows the Automatic No-Depreciation Settlement applies; or b. if at the time of the loss, the amount of insur- ance applying to the insured building is 80% or more of the full replacement cost of the building immediately prior to the loss; or c. if the cost to repair or replace the damage to an insured building is both: 1) less than $2500; and 2) less than 5% of the amount of insurance on the building. In making a replacement cost settlement, we will pay you the cost of repair or replacement, without deduction for depreciation. Payment will not exceed the smallest of the following amounts: a. the amount of insurance applying to the building; or X X 12 b. the replacement cost of that part of the building damaged for equivalent construction and use on the same premises; or c. the actual amount spent to repair or replace the damaged building. 2. In determining 80% of the full replacement cost of the building, the value of the following will not be considered: a. excavations, b. foundations below the basement floor, c. piers and other supports below the basement floor, d. if there is no basement, the value of all items below the surface of the ground inside the foun- dation walls. LESS THAN FULL REPLACEMENT COST SETTLEMENT If full replacement cost settlement does not apply, we will pay the larger of the following amounts, but not exceeding the amount of insurance under this policy applying to the building: a. the actual cash value of that part of the building damaged; or b. that proportion of the full cost to repair or replace the damage which the total amount of insurance in this policy on the damaged building bears to 8010 of the replacement cost of the building. We will pay no more than the actual cash value of the damage until the actual repair or replacement is com- pleted. However, when the loss is both less than $2500 and less than 5% of the amount of insurance on the building, we will pay the full replacement cost before actual repair or replacement is completed. You may disregard the replacement cost provision and make claim for loss or damage to buildings on an actual cash value basis. You have the right to make claim, within 180 days after the loss, for any additional amounts we will be required to pay under this Loss Settlement provision. (8) LOSS TO A PAIR OR SET If there is a loss to a pair or set we may: 1. repair or replace any part of the pair or set to restore it to its value before the loss; or 2. pay the difference between actual cash value of the property before and after the loss. (9) MORTGAGE CLAUSE Loss under Dwelling Coverage or Other Structures Cov- erage shall be payable to mortgagees named on the Dec- larations, to the extent of their interest and in the order of precedence. Our Duties We will: 1. protect the mortgagee's interests in an insured building. This protection will not be invalidated by 3. any act or neglect of anyone we protect, any breach of warranty, increase in hazard, change of ownership, or foreclosure if the mortgagee has no knowledge of these conditions; give mortgagee 30 days prior notice if we cancel or refuse to continue this policy. give mortgagee notice if you cancel this policy. Mortgagee's Duties The mortgagee will: 1. furnish proof of loss within 60 days after receiving notice from us if you fail to do so; 2. pay upon demand any premium due if you fail to do so; 3. notify us of any change of ownership or occupancy or any increase in hazard of which the mortgagee has knowledge; 4. give us the right of recovery against any party liable for loss. This shall not impair the mortgagee's right to recover the full amount of the mortgage debt; 5. after a loss, permit us to satisfy the mortgage require- ments and receive full transfer of the mortgage and all securities held as collateral to the mortgage debt. 6. at our request, submit to examinations under oath. Policy conditions relating to Appraisal, Loss Payment and Suit Against Us apply to the mortgagee. This condition shall also apply to any trustee named on the Declarations. (10) NO BENEFIT TO BAILEE No bailee shall benefit, directly or indirectly, from this insurance. (11) OTHER INSURANCE If both this insurance and other insurance apply to a loss, we will pay our share. Our share will be the proportionate amount this insurance bears to the total amount of all applicable insurance, except insurance in the name of an association or corporation of property owners. If there is other insurance in the name of an association or corporation of property owners covering the same property covered by this policy, the other insurance applies first. (12) PERMISSION GRANTED TO YOU Coverage applies even when your described dwelling is vacant or unoccupied, except where limited under Perils We Insure Against. You may make alterations, additions and repairs to your building, and complete structures under construction. You may waive your rights to recovery against another involving the insured property. This must be done in writing prior to a loss. 13 X (13) RECOVERED PROPERTY If we have made payment on property which has later been recovered by you or us, you or we will notify the other of the recovery. You have a right to the recovered property. If you elect to have the property, you will repay us the amount of our payment to you. (14) SUIT AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. Suit must be brought within one year (Maryland - three years) after the loss or damage occurs. (15) WHAT TO DO WHEN A LOSS HAPPENS In case of a loss, anyone we protect must: 1. give us or our Agent immediate notice of the loss. If the loss is due to criminal activity or theft, you must also notify the police; 2. do whatever possible to recover and protect the property from further damage. If it is necessary to protect the property, you must make reasonable repairs, and keep a record of all repair costs; 3. furnish a complete inventory of damaged property including quantity, actual cash value and amount of loss claimed; 4. produce for examination, with permission to copy, all books of accounts, bills, invoices, receipts, other vouchers and other financial information as we may reasonably require; 5. show us or our representative the damaged property, as often as may be reasonably required; 6. at our request, separately submit to examinations and statements under oath and sign a transcript of the same; 7. cooperate with us in our investigation of a loss and any suits; 8. send us, within 60 davs after our request, vour signed and sworn proof of loss statement which includes an explanation of the following: a. time and cause of loss; b. your interest in the property and the interest of all others involved; c. anv encumbrances on the property; d. other policies which may cover the loss; e. anv changes in title, use, occupancy or pos- session of the property which occurred during the policy term; f. when required by us, any plans, specifications and estimates for the repair of the damaged building; g. the inventory of damaged property as prepared in 3. of this condition; h. receipts for any additional living costs as a result of the loss, and records of pertinent rental loss; i. in case of claim under Credit Card, Charge Plate, Check Forgery and Counterfeit Monev Protection, an affidavit stating amount, time and cause of loss. HOME AND FAMILY LIABILITY PROTECTION -- SECTION 11 Personal Liability Coverage includes Bodily Injury Liability Coverage, Property Damage Liability Coverage and Per- sonal Injury Liability Coverage. BODILY INJURY LIABILITY COVERAGE PERSONAL INJURY LIABILITY COVERAGE PROPERTY DAMAGE LIABILITY COVERAGE OUR PROMISE We will pay all sums up to the amount shown on the Declarations which anyone we protect becomes legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence during the policy period. We will pay for only bodily injury or property damage covered by this policy. We may investigate or settle any claim or suit for damages against anyone we protect, at our expense. If anyone we protect is sued for damages because of bodily injury or property damage covered by this policy, we will provide a defense with a lawyer we choose, even if the allegations are not true. We are not obligated to pay any claim or judgment or defend any suit if we have already used up the amount of insurance by paying a judgment or settlement. OUR PROMISE We will pay all sums up to the amount shown on the Declarations which anyone we protect becomes legally obligated to pay as damages because of personal injury caused by an offense committed during the policy period. We will pay for only personal injury covered by this policy. We may investigate or settle any claim or suit for damages against anvone we protect, at our expense. If anyone we protect is sued for damages because of per- sonal injury covered by this policy, we will provide a defense with a lawyer we choose, even if the allegations are not true. We are not obligated to pay any claim or judgment or defend any suit if we have already used up the amount of insurance by paving a judgment or settle- ment. 14 MEDICAL PAYMENTS TO OTHERS COVERAGE OUR PROMISE We will pay the necessary medical expenses incurred or medically determined within three years from the date of an accident causing bodily injury or personal injury. This three-year limitation does not apply to funeral expenses. This coverage does not apply to you or regular residents of your household, other than residence employees. To others, we will pay only in the following situations: 1. To a person on an insured location with the perrnis- sion of anyone we protect; or 2. To a person off an insured location if the bodily injury or personal injury: a. arises out of a condition on an insured location or adjoining ways; b. is caused by the activities of anyone we protect; c. is caused by a residence employee in the course of employment by anyone we protect; d. is caused by an animal anyone we protect owns or is caring for. Payment under this coverage is not an admission of liability by us or anyone we protect. WHAT WE DO NOT COVER - EXCLUSIONS Bodily Injury Liability Coverage Property Damage Liability Coverage Personal Injury Liability Coverage Medical Payments To Others Coverage We do not cover under Bodily Injury Liability Coverage, Property Damage Liability Coverage, Personal Injury Liability Coverage and Medical Payments To Others Cov- erage: 1. Bodily injury, property damage or personal injury expected or intended by anyone we protect even if: a. the degree, kind or quality of the injury or damage is different than what was expected or intended; or b. a different person, entity, real or personal prop- erty sustained the injury or damage than was expected or intended. We do cover reasonable acts committed to protect persons and property. 2. Bodily injury, property damage or personal injury arising out of business pursuits of anyone we protect. We do cover: a. activities normally considered non-business; b. business pursuits of salespersons, collectors, mes- sengers and clerical office workers employed by others. We do not cover installation, demon- stration and servicing operations; c. business pursuits of educators while employed by others as educators, including corporal punish- ment of pupils; d. occasional business activities of anvone we X protect. These include, but are not limited to, baby-sitting, caddying, lawn care, newspaper delivery and other similar activities. We do not cover regular business activities or business activities for which a person is required to be licensed by the state. e. the ownership of newly-acquired one or two x family dwellings, but only for a period of 30 consecutive days after acquisition unless described on the Declarations. 3. Bodily injury, property damage or personal injury arising out of the rental or holding for rental of the residence premises by anyone we protect. We do cover if the residence premises is: a. occasionally rented or held for rental to others as a residence; b. rented or held for rental in part as a residence, unless for the accommodation of more than three roomers or boarders; c. rented or held for rental in part as an office, school, studio or private garage. 4. Bodily injury, property damage or personal injury arising out of the rendering or failing to render pro- fessional services. Professional services include, but are not limited to: a. any architectural, engineering or industrial design services; b. any medical, surgical, dental or other services contributing to the health of persons or animals; c. any beauty or barber services; d. any legal, accounting or insurance services; e. the servicing, installation, or maintenance of computer hardware or software; f. the selling, designing, licensing, consultation, franchising, furnishing or creation of computer hardware or software, including electronic data processing programs, designs, specifications, manuals or instructions. 5. Bodily injury, property damage or personal injury arising out of any premises owned by or rented to anyone we protect which is not an insured location. This exclusion does not apply to bodily injury or personal injury to a residence employee arising out of and in the course of employment by anyone we protect. i. Bodily injury, property damage or personal injury arising out of the ownership, maintenance or use of. a. aircraft; b. any land motor vehicle owned or operated by or rented or loaned to anyone we protect. We do cover motor vehicles if 1) they are used solely at an insured location and not subject to motor vehicle registration; 2) they are kept in dead storage at an insured location; 3) they are a recreational land motor vehicle not designed for use on public roads while at an insured location; 4) they are a golf cart, wherever used or X located; 5) they are a lawn or farm type vehicle or X snowblower, wherever used or located, if not subject to motor vehicle registration. 6) they are designed to assist the handicapped. c. watercraft: 15 10. II 1) owned by or frequently rented to anyone we protect if it has inboard or inboard-outdrive motor power of more than 75 horsepower; 2) owned by or frequently rented to anyone we protect if it is a sailing vessel 26 feet or more in length; or 3) powered by one or more outboard motors with more than 75 total horsepower owned by anyone we protect at the beginning of the policy period. However, if anyone we protect acquires watercraft, regardless of horsepower, coverage applies during the policy period. If the watercraft is acquired within 60 days of the end of the policy period, we will provide coverage for a maximum of 60 days. We have the right to charge you an additional premium. Exclusion 6.c. does not apply while the watercraft is stored on shore. Exclusion 6. does not apply to bodily injury or per- sonal injury to any residence employee arising out of and in the course of employment by anyone we protect. We do not cover liability arising out of the negligent entrustment of an aircraft, motor vehicle or watercraft excluded in 6. We also do not cover statutorily imposed vicarious parental liability for the actions of a child or minor using an aircraft, motor vehicle or watercraft excluded in 6. '. Bodily injury, property damage or personal injury arising out of war (declared or undeclared), civil war, insurrection, rebellion or revolution. Discharge of a nuclear weapon is considered a warlike act, even if accidental. Bodily injury or personal injury which arises out of results from a communicable disease or condition transmitted by anyone we protect to any other person through a parasite, virus, bacteria or any other organism. Except as provided in paragraph 2.c. under "What We Do Not Cover -- Bodily Injivy Liability Coverage, Property Damage Liability Coverage, Personal Injury Liability Coverage and Medical Payments To Others Coverage," bodily injury, property damage or per- sonal injury which arises out of the sexual molestation, corporal punishment or physical or mental abuse by anyone we protect. Bodily injury, property damage or personal injury which arises out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance(s) as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but are not limited to cocaine, LSD, marijuana and all narcotic drugs. However, this exclusion does not apply to the legitimate use of prescription drugs by a person following the orders of a licensed physician. Bodily injury, property damage or personal injury which arises out of the discharge, disposal, release or escape of any solid, liquid, gaseous or thermal irritant, pollutant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16 12. Punitive or exemplary damages and related defense costs. We do not cover under Bodily Injury Liability Coverage, Property Damage Liability Coverage or Personal Injury Liability Coverage: 1. Liability assumed under any oral contract or agree- ment, or by contract or agreement in connection with any business of anyone we protect. 2. Liability for your share of anv loss assessment charged against all members of anassociation or cor- poration of property owners. This exclusion does not apply to What We Also Pay, (9) Loss Assess- ment, Section 1 of this policy. 3. Property damage to property owned by anyone we protect. 4. Property damage to property rented to, occupied or used by, or in the care of anyone we protect. This exclusion does not apply to property damage caused by Fire, Explosion, Sonic Boom or Smoke, or by accidental discharge of water from a waterbed or aquarium. 5. Bodily injury or personal injury to any person eligible to receive any benefits required to be provided or voluntarily provided by anyone we protect under any workers compensation, non-occupational disability law or occupational disease law. 6. Bodily injury, property damage or personal injury for which anyone we protect is covered under any nuclear energy liability policy, or would be covered if its amounts of insurance had not been exhausted. 7. Bodily injury or personal injury arising out of busi- ness pursuits of anyone we protect, other than busi- ness pursuits covered by the policy. 8. Bodily injury or personal injury to employees of anyone we protect arising out of employment. This exclusion does not apply to bodily injury to a residence employee arising out of and in the course of employment by anyone we protect. 9. Personal injury arising out of willful violation of a law or ordinance by anyone we protect. 10. Personal injury arising out of civic or public activities performed for pay by anyone we protect. 11. Suits for libel, slander or defamation of character made against anyone we protect if the publication or statement: a. took place before the effective date of this insur- ance, or b. was knowingly untrue. 12. Bodily injury or personal injury to you and if resi- dents of your household, your relatives, and persons under the age of 21 in your care or in the care of your resident relatives. Under Medical Payments To Others Coverage we do not cover bodily injury or personal injury: 1. to a residence employee if it occurs of an insured location and does not arise out of or in the course of employment by anyone we protect. 2. to any person eligible to receive any benefits required to be provided or voluntarily provided under any workers compensation, non-occupational disability law or occupational disease law. 3. from any nuclear reaction, radiation or radioactive contamination, or any consequence of any of these. 4. to anyone we protect or other person(s) who resides on the insured location, except a residence employee. X WHAT WE ALSO PAY Payment for the following is in addition to the amounts of insurance shown on the Declarations. (1) CLAIM EXPENSES We pay: 2. 3. 6. court costs, to defend or settle as we believe proper, any claim or suit against anyone we protect, for damages covered under this policy. Our payment of the limit of protection for a settlement, judgment, or deposit in court ends our duty to pay under this item. expenses incurred, to investigate and defend or settle as we believe proper, any claim or suit against anyone we protect for damages covered under this policy. Our payment of the limit of protection for a settlement, judgment, or deposit in court ends our duty to pay under this item, post-judgment interest, but only that portion of the post-judgment interest which accrues on that part of any judgment that does not exceed the limit of pro- tection on a suit we defend. Our payment, offer in writing, or deposit in court of that part of the judg- ment which does not exceed the limit of protection ends our duty to pay any post-judgment interest which accrues after the date of our payment, written offer or deposit. prejudgment interest or delay damages awarded on that part of any judgment that does not exceed the limit of protection. If we offer in writing to pay the applicable limit of protection, we will not pay any prejudgment interest or delay damages for the period of time after the offer. reasonable expenses anyone we protect may incur at our request to help us investigate or defend a claim or suit. This includes up to $300 a day for actual loss of earnings (but not loss of'other income) and vacation time or other benefit loss. premiums on the following types of bonds, but not for bond amounts greater than the limit of pro- tection: a. appeal bond in a suit we defend: b. bail bond (with premium of $500 or less) required due to an accident or related traffic vio- lation involving a vehicle we insure; c. attachment bond to release property of anyone we protect due to an accident or related traffic violation involving a vehicle covered by this policy. We have no duty to apply for or furnish such bonds. 7. reasonable lawyers' fees up to $50 which anyone we protect incurs because of arrest, resulting from an accident involving a vehicle covered by this policy. (2) DAMAGE TO PROPERTY OF OTHERS We pay, on a replacement cost basis, up to $1000 per occurrence for property damage to property of others caused by anyone we protect. This coverage also applies to property of others in the possession of anyone we protect. We will not pay for property damage: 1. to the extent of any amount recoverable under Section I of this policy; 2. caused intentionally by anyone we protect who has attained the age of 13; 3. to property owned by anyone we protect; 4. to property owned by or rented to a tenant of anyone we protect or a resident of your household; 5. arising out of: a. an act or omission in connection with a premises (other than an insured location) owned, rented or controlled by anyone we protect; b. business pursuits; or c. ownership, maintenance or use of a motor vehicle, aircraft or watercraft. We will pay for property damage to a land motor vehicle designed for recreational use off public roads while in the possession of or caused by anyone we protect if: 1) not subject to motor vehicle registration, and 2) not owned by anyone we protect. (3) FIRST AID EXPENSES We pay reasonable expenses for first aid to other persons and animals at the time of an accident involving anyone we protect. (4) LOSS ASSESSMENT -- PERSONAL LIABILITY COVERAGE See What We Also Pay, (9) Loss Assessment - Section 1. RIGHTS AND DUTIES -- CONDITIONS -- SECTION 11 (1) DUTIES OF AN INJURED PERSON - MEDICAL PAYMENTS TO OTHERS COVERAGE The injured person or someone acting on behalf of that person will: 1. give us written proof of claim, as soon as possible, under oath if required; 2. sign papers at our request to allow us to obtain medical reports and copies of records. The injured person will submit to mental and physical examination by doctors selected by us as often as reason- ably required. We may pay the injured person or the provider of the services. (2) LIMITS OF PROTECTION This insurance applies separately to anyone we protect. Regardless of the number of people we protect, claims made or persons injured, our total liability under Per- sonal Liability Coverage for damages resulting from one occurrence, offense, claim or suit will not exceed the amount shown on the Declarations for Personal Liability Coverage. All bodily injury, property damage or personal injury resulting from one accident or from continuous or 17 X X repeated exposure to the same general conditions is con- sidered the result of one occurrence offense, claim or suit. Our total liability under Medical Payments To Others Coverage for all medical expense payable for bodily injury and personal injury to any one person will not exceed the "Each Person" amount shown on the Declarations. (3) OTHER INSURANCE -- PERSONAL LIABILITY COVERAGE This insurance is excess over any other valid and collect- ible insurance. However, if the other insurance is specif- ically written as excess insurance over this policy, the limits of this policy apply first. If at the time of loss there is other insurance in the name of an association or corporation of property owners cov- ering the same property covered by this policy, the insur- ance afforded by this policy shall be excess over the amount recoverable under such other insurance. (4) SUIT AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. No one has the right to make us a party to a suit to determine the liability of anyone we protect. The legal liability of anyone we protect must be deter- mined before suit under Personal Liability Coverage may be brought against us. This determination may be by a court of law or by written agreement of all parties, including us. (5) WHAT TO DO WHEN AN OCCURRENCE, OFFENSE, CLAIM OR SUIT HAPPENS When there is an occurrence, offense, claim or suit anyone we protect will: 1. notify us or our Agent in writing as soon as possible, stating: a. your name and policy number; b. the time, place, and circumstances of the occur- rence, offense, claim or suit; c. names and addresses of injured persons and wit- nesses. 2. give us: a. promptly, any papers that relate to the occur- rence, offense, claim or suit; b. a signed statement containing all the facts about the occurrence, offense, claim or suit. 3. at our request: a. assist in making settlement; b. help us enforce any right of recovery against any party liable to anyone we protect; c. cooperate with us in our investigation of a loss and any suits; d. attend hearings and trials; e. assist us in securing and giving evidence and in obtaining the attendance of witnesses; f. separately submit to examinations and state- ments under oath and sign transcripts of same; g. authorize us to obtain records and other infor- mation; h. answer all reasonable questions about the occur- rence, offense, claim or suit; i. allow us to inspect and appraise the damaged property before its repair or disposal. 4. under the coverage Damgge To Property Of Others, send us, within 60 days of our request, sworn proof of loss. 5. not make payments, assume obligations or incur expenses, except at one's own cost, other than for first aid to other persons and animals at the time of the bodily injury. RIGHTS AND DUTIES -- GENERAL POLICY CONDITIONS -- SECTIONS I & 11 We, you and anyone else protected by this policy must do certain things in order for the terms of this policy to apply. (1) ACCOUNTING If the premium payment plan chosen for this policy includes a service charge, the service charge is paid to the Erie Indemnity Company. The following applies only to policies issued by Erie Insur- ance Exchange: X Erie Indemnity Company may keep up to 25% of the premium written or assumed by Erie Insurance Exchange as compensation for (A) becoming and acting as Attorney-in-Fact, (B) managing the business and affairs of Erie Insurance Exchange and (C) paying general administrative expenses, including sales commis- sions, salaries and employee benefits, taxes, rent, depreci- ation, supplies and data processing. The rest of the premium will be placed on the books of the Erie Insurance Exchange. We will deposit or invest this amount as permitted by law. This amount will be used to pay losses, loss adjustment expenses, investment expenses, damages, legal expenses, court costs, taxes, assessments, licenses, fees, any other governmental fines and charges, establishment of reserves and surplus, and reinsurance, and may be used for dividends and other purposes Erie Indemnity Company decides are to the advantage of the Subscribers. (2) ASSIGNMENT Interest in this policy may be transferred only with our written consent. We may require evidence that all Named Insureds approve the assignment. (3) BANKRUPTCY OF ANYONE WE PROTECT Bankruptcy or insolvency of anyone we protect or anyone we protect's estate will not relieve us of our obli- gations. 18 (4) CANCELLATION Your Right to Cancel You may cancel this policy by mailing or delivering to our Agent or us written notice stating at what future date you want the cancellation to take effect. We may waive these requirements by confirming the date of cancellation to you in writing. Our Right to Cancel or Refuse to Continue We may cancel or refuse to continue this policy or any coverage by mailing you written notice stating the effec- tive date of our action. Our action will comply with the laws of the state where your residence premises is located. Our cancellation or refusal to continue this policy will not take effect until at least 30 days (Maryland - 45 days), except for non-payment of premium after we send it. The effective date for cancellation for non-payment of premium will be in compliance with the laws of the state in which you reside. We reserve the right to cancel for your non-compliance with our premium payment plans. We do not waive our right to cancel, even if we have accepted prior late pay- ments. Method of Giving Notice Mailing notice to the address shown on the Declarations will be sufficient proof of notice. The policy period will end on the date and time stated in the notice. Return of Premium If your policy is cancelled by you or us, we will return the pro rata unused share of your premium. Cancella- tion will be effective even if we have not given or offered the returned premium. (5) CONCEALMENT, FRAUD OR MISREPRESENTATION This entire policy is void as to you and anyone we protect if, whether before or after a loss: 1. you or anyone we protect have intentionally con- cealed or misrepresented any material fact or circum- stance concerning this insurance; or 2. there has been fraud or false swearing by you or anyone we protect as to any matter that relates to this insurance or the subject thereof, or 3. you or anyone we protect engage in fraudulent conduct as to any matter that relates to this insur- ance or subject thereof. In the event of 1., 2. or 3. above, we will not pay for any loss. (6) CONTINUOUS POLICY Your policy is a continuous policy. It will continue in force until cancelled by you or terminated by us as explained in the Cancellation Condition. Each year we will send you a Declarations which shows. the premium due for the next policy period. In return for this service, you must mail us written notice prior to the new policy period if you want to cancel. If we do not receive this notice, your policy remains in force and you must pay us the earned premium due for this time. (7) COOPERATION You agree to cooperate with us by: 1. truthfully completing and promptly returning ques- tionnaires and audit forms about this insurance; 2. permitting and helping with inspections and audits; and 3. complying with specific recommendations to improve your risk. (8) HOW YOUR POLICY MAY BE CHANGED This policy conforms to the laws of the state in which your residence premises is located. If the laws of the state change, this policy will comply with those changes. Your policy may change by asking us. Your request must contain enough information to identify you. Asking our Agent is the same as asking us. If we agree with your request, we will then issue a Declarations. We will give you the benefit of any change in coverage made by us, if it does not require additional premium. This change will be effective as of the date we implement the change for you in your state. If the information we use to determine the premium for your coverage(s) changes during the policy period, we may adjust your premium. Premium adjustments will be made using rules and rates in effect for our use. (9) OUR RIGHT TO RECOVER FROM OTHERS After we make a payment under this policy, we will have the right to recover from anyone else held responsible for the loss. This right will not apply under Section I if you have waived it in writing prior to the loss. Anyone to whom we have paid will sign papers and do whatever is required to transfer this right to us, and do nothing to harm this right. Anyone receiving payment from us and someone else for the same loss will reimburse us up to our payment less a proportionate share of the costs (including attorney fees) of such recovery. We will pay all reasonable expenses anyone may incur at our request to help us recover damages from anyone else held responsible. This includes up to $300 a day for actual loss of earnings. This condition does not apply under Section 11 to Medical Payments To Others Coverage or Damage To Property Of Others. (10) PRIORITY This insurance will first protect you, your spouse residing in your household and then others we protect. 19 X (11) SURVIVORS' COVERAGE If you die, the policy will cover: 1. anyone we protect who is a member of your house- hold at the time of your death, but only while a resi- dent of the residence premises; 2. anyone having lawful possession of insured property until a representative is appointed, but only until the end of the policy period during which your death occurs; 3. your legal representative, but only while performing duties as your representative and only until the end of the policy period during which your death occurs. (12) TIME OF INCEPTION If this policy replaces coverage in other policies which end on the inception date of this policy, but at a different time, then this policy will take effect when the other cov- eraee ends. This policy has been signed on our behalf at Erie, Pennsylvania by our President and Secretary. If required by law, it has been countersigned on the Declarations by our authorized Agent. Secretary President oil ?Izl- ERIE, ERIE INSURANCE GROUP Home Office - 100 Erie Insurance Place - Erie. PA 16530 • (814) 870-2000 Visit our Web site at www.erieinsurance.com 2002 Broadcover (Ed. 2/01) OF-8185 20 THEODORE BURD and : IN THE COURT OF COMMON PLEAS KATHRYN BURD ... _...., _r.: CFU AMAN6 Cam() T , 'PP- SYLVANIA Plaintiffs V. : NO. 2008 - 5723 ERIE INSURANCE : CIVIL ACTION -LAW Defendant VERIFICATION I/we verify that the statements made in this Complaint are true and correct as told to my by my client. I/we understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904'relating tauffsw tdsifftcgttoh to authorities. Ka M. hughart, Attorney for Plaintiffs Theodore Burd and Kathryn Burd 4 THEODORE BURD and IN THE COURT OF COMMON PLEAS KATHRYN BURD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008 - 5723 ERIE INSURANCE CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Complaint on the person and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ.P. 440. Service by first class mail addressed as follows: Dated: 121 108 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Respectfully submitted, - Kathy M. Shughart, Esq. 'A`ttorney "for mintims` 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 s I l? r7 -e ?r JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: ps@jdsw.com Attorneys for Defendant Erie THEODORE BURD and IN THE COURT OF COMMON PLEAS OF KATHRYN SURD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2008-5723 V. CIVIL ACTION - LAW ERIE INSURANCE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Theodore and Kathryn Burd and their counsel, Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. Date: December 23, 2008 JOHNSON, DUFFIE, STEWART & WEIDNER By: Z?k' Jeff so . Shipma , Esquire Attorney I.D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com THEODORE BURD and KATHRYN BURD, Plaintiffs Attorneys for Defendant, Erie Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5723 V. CIVIL ACTION - LAW ERIE INSURANCE, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW. comes the Defendant, Erie Insurance (hereinafter referred to as "Erie"), by and through its counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted. 2. Admitted. 3. Admitted only that Kathryn Dobbeck purchased a policy of insurance from Erie Insurance Exchange with a policy number of Q59 2008948 H and with a policy period of November 20, 2003 to November 20, 2004. The named insured and address listed on the policy was Kathryn Dobbeck, 1198 Shoreham Drive, Camp Hill, PA 17011- 6135. 4. Admitted in part; denied in part. It is admitted only that the Plaintiff Theodore Burd discovered the garage door and garage wall to be damaged. The remaining averments of paragraph number 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied. After reasonable investigation, Erie is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 5 and the same are therefore denied. 6. Admitted only that the Plaintiffs' notified Erie of the claim. 7. Admitted only that on or about October 16, 2007, the Plaintiff's were advised in writing by Erie that Erie was unable to provide coverage for their claim. By way of further answer, Erie's investigation of the claim determined that one of the springs holding up the garage door had broken loose from its cable, which caused the damage. Further, the Plaintiffs were advised that the loss was not caused by one of the 18 named perils contained in their policy. See, Exhibit B to Plaintiffs' Complaint, pages 7, 8, and 9 for perils Erie insures against. 8. Admitted. 9. Denied. The averments contained in paragraph number 9 are conclusions of law to which no response is required. If a response is deemed to be required, it is specifically denied that the damage was caused by a falling object, the garage door, as defined in the policy. 2 10. Denied. The averments contained in paragraph number 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 10 are specifically denied. 11. Denied. It is specifically denied that Erie has advised Plaintiffs that their policy is limited in the nature of perils covered by the policy. It is also specifically denied that Erie advised the Plaintiffs that had they purchased a more comprehensive type of policy that the damages would have been covered. By way of further response, the Plaintiffs were specifically advised in writing that their loss was not caused by one of the 18 named perils within their policy and that consequently, Erie was unable to provide coverage for the loss. 12. Denied. The averments contained in paragraph number 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 12 are specifically denied. By way of further response, it is believed that the Plaintiff Kathryn Dobbeck Burd purchased the policy in question. See, Exhibit A to Plaintiffs' Complaint which lists Kathryn Dobbeck as the named insured. 13. Admitted. 14. Admitted in part; denied in part. It is admitted that Exhibit A to Plaintiffs' Complaint is a statement of the new declarations on the Plaintiffs' Erie Insurance Exchange HomeProtector Policy, Broadcover. It is also admitted that the new 3 declarations page does not contain the perils insured against. However, the Plaintiffs did receive a copy of the full policy which explained the perils insured against. See, Exhibit B to Plaintiffs' Complaint at pages 7, 8 and 9 of the policy. 15. Denied. The averments contained in paragraph number 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 16. Denied. The averments contained in paragraph number 16 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 16 are specifically denied. 17. Denied. The averments contained in paragraph number 17 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 17 are specifically denied. 18. Denied. The averments contained in paragraph number 18 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 18 are specifically denied. 19. Denied. The averments contained in paragraph number 19 are conclusions of law and fact to which no response is required. If a response is deemed 4 to be required, the averments contained in paragraph number 19 are specifically denied. 20. Denied. The averments contained in paragraph number 20 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 20 are specifically denied. 21. Denied. The averments contained in paragraph number 21 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 21 are specifically denied. WHEREFORE, the Defendant, Erie Insurance, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 22. That the Plaintiffs have failed to state a cause of action for which relief may be granted. 23. That the Plaintiffs' alleged cause of action is barred by the applicable statute of limitations. 24. That the Plaintiffs' alleged cause of action may be barred by the policy. 25. That the Plaintiffs' loss was caused by Plaintiffs' failure to properly maintain the property, which is an exclusion and not covered under the policy. 5 26. That the Plaintiffs' loss was not a covered peril under the policy. WHEREFORE, the Defendant, Erie Insurance, respectfully requests that judgment be entered its favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: AL=X?- JefferibF J. Shipman, squire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: December 23, 2008 6 12/23/2008 15:45 7177375406 STROCK INSURANCE PAGE 02/02 VERIFICATION I. ?-e-k , on behalf of Erie Insurance Exchange verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements mad herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn %10r -.Pjthor#%s. Dated; 1171,03- 353196 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 23, 2008: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Je rs J. Ship an, Esquire - ?...> ?- _ ' ?.? i«: J ,? , ,. ,>.... ....j ?.i ?_ ?. ? ? r ,?J 46+ Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 THEODORE BURD and KATHRYN BURD. Plaintiffs V. ERIE INSURANCE, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 5723 Civil Action - Law PLAINTIFFS' ANSWER TO NEW MATTER Plaintiffs, Theodore Burd and Kathryn Burd, by and through their counsel, Kathy M. Shughart, Esquire, file this Answer to New Matter, and in support thereof, states the following: 22. Denied. The averment contained in this paragraph is a conclusion of law and fact to which no response is necessary or required. If a response is required, the averment is specifically denied. ti 23. Denied. The averment contained in this paragraph is a conclusion of law and fact to which no response is necessary or required. If a response is required, the averment is specifically denied. 24. Denied. The averment contained in this paragraph is a conclusion of law and fact to which no response is necessary or required. If a response is required, the averment is specifically denied. 25. Denied. The averment contained in this paragraph is a conclusion of law and fact to which no response is necessary or required. If a response is required, the averment is specifically denied. It is further denied that Plaintiffs failed to properly maintain the property. The damage to the property was not caused by Plaintiffs' neglect, omissions or failure to maintain. 26. Denied. The averment contained in this paragraph is a conclusion of law and fact to which no response is necessary or required. If a response is required, the averment is specifically denied. WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor against Defendant. Kathy M. Shugart, Esquire Attorney for Plaintiff 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 THEODORE BURD and KATHRYN BURR. Plaintiffs V. ERIE INSURANCE, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 5723 Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the ANSWER TO NEW MATTER on the person and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ.P. No. 400 • Service by first class mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewert & Weidner 301 Market Street Lemoyne, PA 17043-0109 Dated: -) ) (? ) c ? Respectfully submitted, 1 C Kathy M. hughart, Esq. Attorney for Plaintiffs 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 N z L z_ P^ 3 r-n f Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com THEODORE BURD and KATHRYN BURD, Plaintiffs V. ERIE INSURANCE, Defendant Attorneys for Defendant, Erie Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5723 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL AND NOW, this 14th day of May, 2009, comes Defendant, Erie Insurance, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and moves for an Order compelling Plaintiffs to comply with the requirements of outstanding discovery as follows: 1. This case involves a contract claim relating to a coverage dispute over an alleged broken and/or collapsed garage door. 2. Specifically, Plaintiffs' Complaint alleges that Erie Insurance should provide coverage to repair Plaintiffs' wooden non-automatic garage door which had fallen and caused damage to a garage wall. 3. Plaintiffs filed their Complaint on December 5, 2008 and the Defendant filed its Answer on December 24, 2008. 4. Plaintiffs filed a response to the New Matter on January 9, 2009. The pleadings in this matter are now closed. 5. On March 17, 2009, the Defendant sent to the Plaintiffs a Request for Production of Documents and Interrogatories. A true and correct copy of the cover letter sending this discovery to counsel for Plaintiffs is attached hereto as Exhibit A. 6. When no answers were received to the discovery, counsel for the Defendant sent a letter, dated April 28, 2009, to counsel for Plaintiffs inquiring on the status of discovery and asking that answers be provided no later than May 12, 2009. A true and correct copy of that letter is attached hereto as Exhibit B. 7. No answers to the discovery were received and so the Defendant files this Motion to Compel. 8. It is essential for the Defendant to prepare its defense in this case that the discovery be answered. 9. As such, it is imperative that this Court issue an order compelling Plaintiffs to provide answers to the propounded discovery. 10. No Judge has previously issued an Order or been assigned to this matter. WHEREFORE, Defendant respectfully requests that an Order be entered compelling the Plaintiffs to provide answers to the outstanding discovery within thirty (30) days of the date of the Order. Respectfully submitted: JOHNSON, DUFFIE, STEWART & WEIDNER By: f4ze?4y'- JeffersoShipman Elizabet . Snover :366070 22740-2360 CERTIFICATE OF SERVICE AND NOW, this 14th day of May, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion to Compel upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kathy M. Shugart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth Snover EXHIBIT "A" ERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHINMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY OHNSON j DUFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO ANDREA' P. DOLLMAN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S E:YT. Nits. 148 F -NIAIr, jjsr?;jds,, .xnrn March 17, 2009 Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112 RE: Theodore and Kathy Burd v. Erie Insurance Docket No.: 2008-5723 Cumberland County Dear Ms. Shughart: FIVE,, With regard to the above captioned case,. enclosed please find the defendant's first set of interrogatories and requests for production for answer by the plaintiffs. Very truly yours, HNSON, DUFFIE, STEWART & WEIDNER J. Shipman JJ S: m W f :360346 Enclosures 301 MARKET STREET P.O. BOX 109 LENIOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. EXHIBIT "B" JJ RRFFIE RICHARD W.STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S KELLY L. BONANNO OHNSON COUNSEL O HORACE A.JO HNSON DUFFIE F. LEE SHIPMAN (1965-2006) FILE COPY tit,AI ? -1. 14R 10M F IM IIATI !ts?-jtlS\?.t•??rri April 28, 2009 Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112 RE: Theodore and Kathy Burd v. Erie Insurance Docket No.: 2008-5723 Cumberland County Dear Ms. Shughart: With regard to the above captioned case, the plaintiffs were served with interrogatories and requests for production on March 17, 2009. As of this date, we have not received the plaintiffs' responses and would appreciate having them no later than May 12, 2009. Very truly yours, NSON, DUFFIE, STEWART & WEIDNER Je*rsb)-rJ. Shipman J J S: m Wj:364657 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. C ^ A y 2009 MAY Is F" ic: 10 3 MaY ? ? Zo©s ?, THEODORE BURD and IN THE COURT OF COMMON PLEAS OF KATHRYN BURD, CUMBERLAND COUNTY, PENNSYLVANIA i Plaintiffs NO. 2008-5723 V. CIVIL ACTION - LAW ERIE INSOANCE, JURY TRIAL DEMANDED Defendant ORDER i AID NOW, this 016' day of 2009, upon consideration of the foregoing ?otion to Compel of the Defendant, it is ORDERED that Plaintiffs shall provide answers to the Re uests for Production and Interrogatories propounded by the Defendant within thirty (30) 6* days of th s Order. Failure to comply with this Order x :/result in sanctions pursuant to Pa. R.C.P. 4019. J. . 21 lit 3 -a 11tv 1"17. 1't'w/ S3 1 IT - LA5:::? Y-7/o-ris f 1 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant Erie THEODORE BURD and IN THE COURT OF COMMON PLEAS OF KATHRYN BURD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2008-5723 V. CIVIL ACTION - LAW ERIE INSURANCE Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL AND NOW, comes the Defendant, Erie Insurance, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and moves for an Order compelling Plaintiffs to schedule a date and time for Plaintiffs' depositions within thirty (30) days of the Order and appear for their depositions at that date and time by respectfully stating the following: 1. This case involves a contract claim relating to a coverage dispute over an alleged broken and/or collapsed garage door. 2. Specifically, Plaintiffs' Complaint alleges that Erie Insurance should provide coverage to repair Plaintiffs' wooden non-automatic garage door which had fallen and caused damage to a garage wall. 3. Plaintiffs filed their Complaint on December 5, 2008, and the Defendant filed its Answer on December 24, 2008. 4. Plaintiffs filed a response to the New Matter on January 9, 2009. The pleadings in this matter are now closed. 5. On July 1, 2009, Plaintiffs' counsel was contacted by Defendant's law office in an attempt to schedule depositions in this case. Plaintiffs' counsel advised that she would contact her clients and then contact Defendant's counsel's office. 6. On July 24, 2009, Plaintiffs' counsel was contacted again by Defendant's law office because there had been no contact from Plaintiffs' counsel following the July 1, 2009 conversation. Defendant's law office left Plaintiffs' counsel a voicemail message on July 24, 2009. 7. On August 11, 2009, Defendant's law office again left a voicemail message for Plaintiffs' counsel at her office. 8. On August 12, 2009, Defendant's counsel wrote a letter to Plaintiffs' counsel requesting that Plaintiffs' counsel contact Defendant's law office to schedule Plaintiffs' depositions. The letter also informed Plaintiffs' counsel that a Motion to Compel would be forthcoming if she did not respond. A true and correct copy of that letter is attached hereto as Exhibit A. 9. Plaintiffs' counsel called Defendant's law office on August 13, 2009, and left a voicemail message indicating that her client is an over-the-road trucker and absent each week. Plaintiffs' counsel stated that she would contact her client and contact Defendant's law office the following week. 10. On August 24, 2009, having received no further contact, Defendant's law office called Plaintiffs' counsel and spoke with her assistant. Defendant's law office was informed that Plaintiffs' counsel was out of the office the entire week. 11. After nearly two months of repeatedly contacting Plaintiffs' counsel, Defendant's counsel has been unable to schedule depositions because of Plaintiffs' counsel's failure to respond with an available date. 12. It is essential for the Defendant to prepare its defense in this case that depositions be scheduled and held. 13. As such, Defendant respectfully requests that this Court issue an Order compelling Plaintiffs to schedule a date and time for their depositions within thirty (30) days of the date of the Order and compelling Plaintiffs to appear for their depositions at the date and time scheduled. 14. Judge Guido issued an Order, on May 20, 2009, upon consideration of a previous Motion to Compel, ordering Plaintiffs to provide answers to the Requests for Production and Interrogatories propounded by the Defendant within 30 days. 15. Plaintiffs' counsel was apprised of the contents of this Motion and did not concur. WHEREFORE, Defendant respectfully requests that an Order be entered compelling the Plaintiffs to schedule a date and time for Plaintiffs' depositions within thirty (30) days of the date of the Order and compelling Plaintiffs to appear for their depositions at the scheduled date and time. Respectfully submitted, JOHN , DUFFIE, STEWART & WEIDNER rvl./ By: Zd4l o -J:," Je rs n J. Shipman, Esquire Aft rney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: September 1, 2009 :375393 J?RRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B.RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY i(Ly ?rsoN DUFFIE MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) 1-V RITER S 1• vr. NO. 113 R-A-TAIi, jjvrjdw.rum Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112 August 12, 2009 RE: Theodore and Kathy Burd v. Erie Insurance Docket No.: 2008-5723 Cumberland County Dear Ms. Shughart: My paralegal has been attempting to schedule your clients' depositions. You have not responded to the several voice mail messages she has left for you in the last month. Please contact Linda Greenleaf immediately upon receipt of this letter to schedule these depositions and avoid a motion to compel. Thank you for your prompt attention to this matter. Very truly yours, HNSON, DUFFIE, STEWART & WEIDNER JiFer?SOFi J. Shi JJS:mlb:374158 (,? 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL @ JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Compel has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 1, 2009: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attomeys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4fferson J. Shipman, Esquire FUja OF TH E-. ,,k y 2GG9 SEE a 2 P i: 5. i WWI ? ?Y r ? THEODORE BURD and KATHRYN BURD, Plaintiffs V. ERIE INSURANCE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5723 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2009, upon considerati <;?;? on of the foregoing Motion to Compel of the Defendant, it is hereby Ordered and Decreed that SAX Plaintiffs shall schedule a date and time for Plaintiffs' depositions within t ' V) days of this Order, and that Plaintiffs shall appear for their depositions at the scheduled date and time. Failure to comply with this Order may result in sanctions pursuant to Pa. R.C.P. 4019. BY THE C UR . J. Distribution: Kathy M. Shugart, Esquire, 27 South Arlene Street P.O. Box 6315, Harrisburg, PA 17112, (717) 540-8511, fax (717) 671-9601 Jefferson J. Shipman, Esquire, Johnson, Duffle, Stewart & Weidner, P.C., 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109, (717) 761-4540; fax (717) 761-3015 COI ' . es MC-7 t LCCL 9/4/07 ?3 R1.?1}-?1f=?? OF 7HE PPOTHGARY 2009 SEP -9 PM ! 16 PE3` NSYWANI VA r, THEODORE BURD and KATHRYN BURD, Plaintiffs V. ERIE INSURANCE, RULE 1312-1 TO THE HONORABLE, THE JUDGES OF SAID COURT: N O M GJ ko CO Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. -f rr? The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Kathy M. Shughart, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: February 18, 2010 AND NOW, this Esq. and captioned action (or actions) as prayed for. 2009, in consideration of the foregoing petition, Esq. are appointed arbitrators in the above- By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5723 CIVIL TERM CIVIL ACTION - LAW cv. Defendant The Petition for Appointment of Arbitrators shall be substantially irre Following form: PETITION FOR APPOINTMENT OF ARBITRATORS Respectfully submitted, J SON, DUFFIE, STEWART & WEIDNER Je rs n J. Shipm n, Esquire Attorney for Defendant ORDER OF COURT Esq., and *a4.00 Pa AYT,4 C,r-* 3a.c0R 8 392574 P-Tt J.37 M n CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 18, 2010: Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER B J Mes n J. Shi man, Esquire Y THEODORE BURD and IN THE COURT OF COMMON PLEAS OF KATHRYN SURD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-5723 CIVIL TERM , V. CIVIL ACTION - LAW ERIE INSURANCE, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially irr he ? t , Following form: PETITION FOR APPOINTMENT OF ARBITRATORS ?` - r ri co TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Kathy M. Shughart, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON, DUFFIE, STEWAR Date: February 18, 2010 J ORDER OF COURT i J. Shipman, Esqui for Defendant 19 WWDNff 2 Fn cry c? ?- .r- iS m AND NOW, this ?'Y?ff.y N 7' 20M,, in consideration of the foregoing petition, r iIte? Esq., and Esq. and Esq. are appointed arbitrators in the above- captioned action (or actions) as prayed for. 04-00 PO C,,* 32.toq 8 392574 pi 4 0z7 sc6 e cs cL , By the Court !? • S?,cg rsrz.? ? [Ol !!7 -7 ?1 Theodore Burd and Kathryn Burd, Plaintiff Erie Insurance Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 08 - 5723 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. K Si atu Signature Signature Daniel K. Deardorff, Esq. Name (Chairman) MARTSON LAW OFFICES Law Firm 10 East High Street Address Jeanne Costopou].Os, Esq. Name Law Firm (y< / ys h rG ?yiize--;1?2 p Address / e h icsburg PA 17055 Stephanie E. Chertok, Esq. Name Law Firm 61 West Louther Street Address Carlisle, PA 17013 Carlisle, PA 17013 Mec an , Ci Zip City, Zio City, Zip ty, 1,7 76 7 16so8 1 ?L //79.3 Award We, the undersigned arbitrators, having been duly appointed an d sworn (or affirmed), make the (-V following award: (Note: If damages for delay are awarded, they shall be separately stated.) W. Date of Hearing: Date of Award: ? ?-1Z -_4v r / 4 Arbitrator, dissents. (Insert name if Now, the A- ay of 20?_, at 4 M•, the above award was by mail to the parties or their attorneys. entered upon the docket and notir:a??, Arbitrators' compensation to bc,_ paid upon appeal: $s?, °d U By: Deputy -a) Prothonotary Notice of Entry of Award FILED-OFFICE OF THE pRolmoNOTARY 2410 DEC 20 AM 11:08 CU PENNSYLVANIANTY iw?