The URL can be used to link to this page

Home My WebLink About04-1534 , POST & SCHELL, P.C. BY: ALLAN C. MOLOTSKY, ESQ. J.D. NO.: 28923 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 RECKITT BENCKISER, INe. Plaintiff, v. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND V ALLEY DISTRIBUTION SERVICES CO., INC., ONEBEACON INSURANCECOMPANY,ONEBEACON INSURANCE GROUP Defendant. _ C:'--t s,,{ ??" -:, I" ' ,. ,', I... J,_, ATTORNEYS~~~~,21 GENCO I, INC. ["r.o Pi;OTHY o L{ - / 5'3 <? G/ v: / - I e /rAt COURT OF COMMON PLEAS PHILADELPHIA COUNTY MAY TERM, 2003 NO: 001822 PRAECIPE TO TRANSFER Kindly transfer this matter to the Cumberland County Court of Common Pleas in accordance with the court order entered March 5, 2004. POST & SCHELL, P.C. A~~::!::::J, ESQ.: , ATTORNEY FOR DEFENDANT,': GENCO I, INe. ::!':! CERTIFICATE OF SERVICE I, ALLAN C. MOLOTSKY, ESQUIRE, hereby certify that a copy of the Praecipe to Transfer was mailed by first class mail to the following individuals: Tom Ollason, Esq. Wagenfeld Levine Two Penn Center Plaza Suite 1120 1500 JFK Blvd. Phila., PA 19102 Fred Buck, Esq. Rawle & Henderson Widener Bldg., 16th Floor One South Penn Square Philadelphia, PA 19107 ~~ ALLAN C.~MOLOTSKY, '-SQ. ATTORNEY FOR DEFENDANT, GENCO I, INC. DATE: MARCH 18, 2004 ~I'\ ....... --. -t -.. ...t'- 'P ..J -.. (' """ .... L.i -+-, ~ ~ ~\j (.\ , ~ \ V f (\ i ,."., ~~ (~ ~:_~? --r; -:;.~ --~. '..-~' I" en C) COURT OF COMMON PLEAS PHILADELPHIA COUNTY PROTHONOTARY'S OFFICE Phila. Case Number: 1822 MAY 2003 Dear Sir/Madam: By order of the FIRST JUDICIAL DISTRICT, Philadelphia County, COURT OF COMMON PLEAS, the enclosed case(s) are transferred to the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. Accordingly, I am enclosing ail related filings. I would appreciate the return of the attached green receipt addressed to the attention of: THE PROTHONOTARY'S OFFIOE OERTIFICATION UNIT ROOM 266 CITY HALL PHILADELPHIA, PA 19101' ATTENTION: JOsEPH I\111liNGINI rfyou have any questions, please call215-686-6663. Very truly yours, Joseph Mangini 10-279W C t/~8E/<./-/1/VLJ REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 030501822 PAGE 1 RUN DATE 03/22/04 RUN TIME 02:14 PM CASE NUMBER 030501822 CASE CAPTION RECKITT BENCKISER INC VS GENCO ETAL FILING DATE 15-MAY-2003 COURT MN LOCATION CH JURY N CASE TYPE: CONTRACTS (GOODS), ENFORCE STATUS: TRANSFER TO OTHER JURISDICTION ~ Assoc Expn Date ~ ID Party Name / Address & Phone No. 1 01-AUG-03 APLF A48489 ULLOM, MARC F RAWLE & HENDERSON LLP THE WIDENER BUILDING ONE SOUTH PENN SQUARE PHILADELPHIA PA 19107 (215)575-4200 (215) 563-2583 - FAX 2 9 PLF @4704432 RECKITT BENECKISER INC 4501 WEST PORT DR MECHANICSBURG PA 17055 3 11 DFT @4704433 GENCO I INC 5021 TRINDLE RD MECHANCSBURG PA 17055 4 05-MAR-04 DFT @4704434 GENCO DISTRIBUTION SYSTEM 100 PAPERCRAFT PARK PITTSBURGH PA 15238 5 05-MAR-04 DFT @4704436 CUMBERLAND VALLEY DISTRIBUTION SER 5021 TRINDLE RD MECHANCSBURG PA 17055 6 DFT @4704438 ONEBEACON INDUSTRY CO 436 WALNUT SET PHILADELPHIA PA 19106 7 10 DFT @4704439 ONEBEACON INSURANCE GROUP ONE BEACON ST BOSTON MA 02108 8 22-0CT-03 APLF A44329 LEDDY, NANCY J EIGHT PENN CENTER SUITE 1400 1628 JOHN F. KENNEDY BLVD. PHILADELPHIA PA 19103 (215)864-2600 REPORT , ZDRDOCT USER ID, CYS First Judicial District CIVIL DOCKET REPORT CASE ID 030501822 PAGE 2 RUN DATE 03/22/04 RUN TIME 02,14 PM ~ Assoc Expn Date 9 ~ ID APLF A44329 10 ADFT A31642 11 ADFT A28923 Filing Date / Time Docket Entry 15-MAY-03 12,09,06 ACTIVE CASE Party Name / Address & Phone No. LEDDY, NANCY J EIGHT PENN CENTER SUITE 1400 1628 JOHN F. KENNEDY BLVD. PHILADELPHIA PA 19103 (215)864-2600 BUCK, FREDERICK B RAWLE & HENDERSON 4317 THE WIDNER BLDG PHILADELPHIA PA 19107 (000)575-4317 MOLOTSKY, ALLAN C POST & SCHELL, P.C. 4 PENN CENTER, 13TH FLOOR 1600 J.F.K. BLVD. PHILADELPHIA PA 19103 (215) 587-1000 (215)587-1444 - FAX 15-MAY-03 16,39,24 COMMENCEMENT OF CIVIL ACTION ULLOM, MARC F 15-MAY-03 16,39,24 SHERIFF'S SURCHARGE 5 DEFTS ULLOM, MARC F 15-MAY-03 16,40,04 WAITING TO LIST STATUS CONF 15-MAY-03 16,40,04 PRAE TO ISSUE WRIT OF SUMMONS ULLOM, MARC F PRAECIPE TO ISSUE WRIT OF SUMMONS FILED. WRIT OF SUMMONS ISSUED.DISCOVERY DEADLINE 2/2/04 02-JUN-03 14,45,42 AFFIDAVIT OF SERVICE FILED OF SUMMONS BY PERSONAL SERVICE UPON ONE BEACON INUSRANCE CO. ON 20-MAY-03. 24-JUN-03 14,23,30 SHERIFF'S SERVICE DEPUTIZED SERVICE OF SUMMONS UPON GENCO DISTRIBUTION SYSTEM BY SHERIFF OF PHILA. COUNTY ON OS/28/2003. 24-JUN-03 14,33,11 SHERIFF'S SERVICE DEPUTIZED SERVICE OF CUMBERLAND COUNTY ON . SUMMONS UPON GENCO BY SHERIFF OF 06/09/2003. REPORT , ZDRDOCT USER ID, CYS First Judicial District CIVIL DOCKET REPORT CASE ID 030501822 PAGE 3 RUN DATE 03/22/04 RUN TIME 02,14 PM Filing Date / Time Docket Entry 24-JUN-03 14,33,11 SHERIFF'S SERVICE DEPUTIZED SERVICE OF SUMMONS UPON CUMBERLAND VALLEY DISTRIBUTION SERVICES CO. INC. BY SHERIFF OF CUMBERLAND COUNTY ON 06/09/2003. 30-JUL-03 17,15,48 LISTED FOR STATUS CONFERENCE 01-AUG-03 16,24,00 WITHDRAWAL/ENTRY OF APPEARANCE LEDDY, NANCY J WITHDRAWAL OF APPEARANCE OF MARC F. ULLOM, ESQ. AND ENTRY OF APPEARANCE OF NANCY J. LEDDY, ESQ. ON BEHALF OF RECKITT BENCKISER, INC. FILED. 05-AUG-03 10,26,53 NOTICE GIVEN 06-AUG-03 16,30,04 NOTICE GIVEN 10-SEP-03 10,50,52 STATUS HEARING DISPOSED ACKERMAN, NORMAN It is hereby ORDERED and DECREED as follows, 1. Development of Joint Statement of Uncontested and Contested Facts. (a) Plaintiff's Proposed Findings of Fact, Conclusions of Law and Legal Issues for Trial. By 2/12/04, plaintiff shall provide the Court with a narrative statement listing all facts proposed to be proved by him or her at trial in support of his or her c1aim(s) as to liability and damages. Additionally, plaintiff shall provide the Court with all relevant conclusions of law based upon his or her proposed findings of fact and any and all legal issues presented thereto. (b) Defendant's Response and Proposed Facts. By 3/12/04, defendant shall provide the Court a statement, (1) indicating the extent to which defendant contests and does not contest the plaintiff's proposed facts, (2) listing all additional facts proposed to be proved by defendant at trial in opposition to, or in special defense of, the plaintiff's claim(s) as to liability and damages; (3) listing all facts proposed to be proved by defendant at trial in support of any counterclaim(s), and/or third-party claim(s) if such claims exist; (4) listing any and all conclusions of law which arise from all contested and uncontested facts as proposed by the plaintiff; and, (5) listing for the Court all legal issues presented based upon proposed facts and conclusions of law. (c) Statement of Uncontested Facts. By 2/12/04, the same date as that listed in paragraph 1 (a) of this order, the parties shall submit a joint statement of uncontested facts. This statement is separate and distinct from any other submitted. AS such, agreement or disagreement, which terms are defined below, with any proposed fact by a REPORT , ZDRDOCT USER ID, CYS First Judicial District CIVIL DOCKET REPORT CASE ID 030501822 PAGE 4 RUN DATE 03/22/04 RUN TIME 02,14 PM Filing Date / Time Docket Entry defendant does not obviate the requirements of this paragraph. 2. Identification of Witnesses and Exhibits. (a) Plaintiff's Witnesses. By 2/12/04, plaintiff shall provide the Court with a list of all possible witnesses, including a brief narrative of each respective witness's expected testimony. (b) Plaintiff's Exhibits. By 2/12/04, plaintiff shall provide the Court with a list of all possible exhibits which he or she may use during the course of trial. (c) Defendant's Witnesses. By 3/12/04, defendant shall provide the Court with a list of all possible witnesses, including a brief narrative of each respective witness's expected testimony. (d) Defendant's Exhibits. By 3/12/04, defendant shall provide the Court with a list of all possible exhibits which he or she may use during the course of the trial. 3. Definitions. (a) Narration of proposed Facts. In stating facts proposed to be proved, counsel shall do so in simple, declarative, self contained, consecutively numbered sentences. In a case with multiple parties, if a fact is to offered against fewer than all parties, counsel shall indicate the parties against which the fact will (or will not) be offered. (The facts to be set forth include not only ultimate facts, but also all subsidiary and supporting facts except those offered solely for impeachment purposes.) (b) Agreement and Disagreement. Defense counsel shall indicate that he or she does not contest a proposed fact if at trial they will not controvert or dispute that fact. In indicating disagreement with a proposed fact, defense counsel shall so set forth those disagreement (s) as explained above. (c) Objections. Objections to the admissability of a proposed fact (either as irrelevant or on other grounds) may not be used to avoid indicating whether or not the party contests the truth of that fact. (Counsel shall, however, indicate any objections, both to the facts which they contest and those which they do not contest.) (d) Individual Positions. To the extent feasible, counsel with similar interests are expected to coordinate their efforts and express a joint position with respect to the facts they propose to prove and to the facts other parties propose to prove. Subject to the time limits above, each party may, however, list additional proposed facts to cover positions unique to it. 4. Annotations. For each proposed fact, the parties shall, at the time of proposing to prove the fact, list the witnesses (including expert witnesses), documents, and (with line-by-line references) any depositions and answers to interrogatories or requests for admissions that they will offer to prove that fact. In his or her REPORT , ZDRDOCT USER ro, CYS First Judicial District CIVIL DOCKET REPORT CASE ID 030501822 PAGE 5 RUN DATE 03/22/04 RUN TIME 02,14 PM Filing Date / Time Docket Entry response, defense counsel shall, if he or she objects to any such proposed fact or proposed proof, state precisely the grounds of their objections and, if they will contest the accuracy of the proposed fact, similarily list the witnesses, documents, depositions, interrogatories, or admissions that they will offer to controvert that fact. Except for good cause shown, a party will be precluded at trial from offering any evidence on any fact not so disclosed and from making any objection not so disclosed. 5. Effect. (a) Preclusion of other facts. Except for good cause shown, parties shall be precluded at trial from offering proof of any fact not disclosed in their listing of proposed facts (except purely for impeachment purposes). 6. Sanctions. Unjustified refusal to admit a proposed fact or to limit the extent of disagreement with a proposed fact shall be subject to sanctions. Excessive listing of proposed facts (or of the evidence to be submitted in support of or denial of such facts) which imposes obvious burdens on opposing parties shall also be subject to sanctions. BY THE COURT, Norman Ackerman, Coordinating Judge 10-SEP-03 10,52,53 LISTED FOR SETTLEMENT CONF 10-SEP-03 10,53,11 LISTED FOR TRIAL 22-0CT-03 16,19,00 WITHDRAWAL/ENTRY OF APPEARANCE WITHDRAWAL OF APPEARANCE OF NANCY LEDDY ESQ. OF APPEARANCE OF NANCY LEDDY ESQ. ON BEHALF FILED. LEDDY, NANCY J AND ENTRY OF PLFT 31-DEC-03 13,41,00 COMPLAINT FILED NOTICE GIVEN LEDDY, NANCY J COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. 29-JAN-04 16,36,00 ENTRY OF APPEARANCE FILED BUCK, FREDERICK B ENTRY OF APPEARANCE OF FRED BUCK ESQ. FILED ON BEHALF OF DFTS ONE BEACON INSURANCE CO AND ONEBEACON INSURANCE GROUP FILED. FEE PAID 102.00 20-FEB-04 11,20,01 NOTICE OF COURTROOM CHANGE 20-FEB-04 14,52,23 CASE RESCHEDULED BY COURT 20-FEB-04 14,52,45 LISTED FOR SETTLEMENT CONF REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 030501822 PAGE 6 RUN DATE 03/22/04 RUN TIME 02:14 PM Filing Date / Time Docket Entry 23-FEB-04 10:45:13 ORDER ENTERED/236 NOTICE GIVEN ACKERMAN, NORMAN IT IS ORDERED THAT A RULE RETURNABLE IS ISSUED FOR PLTF'S FAILURE TO COMPLY WITH THE PRE-TRIAL ORDER ENTERED. SEE RULE FOR COMPLETE TERMS. RULE RETURNABLE 3/3/04 AT 10:00 AM IN COURTROOM 696 CITY HALL, PHILA, PA. ALL PARTIES MUST APPEAR. FAILURE TO APPEAR WILL RESULT IN THE IMPOSITION OF APPROPRIATE SANCTIONS AS OUTLINED IN THE PRE-TRIAL ORDER. BY THE COURT. . .ACKERMAN,J 2/20/04 24-FEB-04 01:00:21 NOTICE GIVEN 02-MAR-04 15:59:23 ENTRY OF APPEARANCE FILED MOLOTSKY, ALLAN C ENTRY OF APPEARANCE OF ALLAN C. MOLOTSKY FILED ON BEHALF OF DFT GENCO I, INC. 05-MAR-04 11:46:00 STIPULATION TO AMEND STIPULATION AMENDING CAPTION FILED 05-MAR-04 15:54:31 STATUS HEARING DISPOSED 05-MAR-04 15:54:39 TRANSFER TO OTHER JURISDICTION ACKERMAN, NORMAN TRANSFERRED TO CUMBERLAND COUNTY RULE DISSOLVED. . .3/5/04 BY THE COURT: JUDGE NORMAN ACKERMAN 05-MAR-04 15:54:40 NOTICE GIVEN UNDER RULE 236 22-MAR-04 13:21:00 PRAECIPE/TRNSFER OUT OF COUNTY MOLOTSKY, ALLAN C PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY FILED. * * * End of Docket * * * CERTIFlEDFROMTHERECORDOfo! APR 2 2004 JOSEPH H. EVERS PO 7P-fiJ?~' COMMON PLEAS COURTS OF PHILADELPHIA tf 13 CIVIL LISTING SECTION /~ . " TRIAL WORK SHEET / / +-------------------------------------------------------------------------+ I Event: STATUS CONFERENCE , at 09/08/2003 14:00 in CH-602 I Scheduled: 07/30/2003 ,NON-JURY MN - MAJOR NON JURY +------------------------------------------------- ----------------+ [ Judge's Name: I Sig ure: I +------------------------------------------------------------+ - Caption: Case'IWt~.:.. RECKITT BENCKISER INC VS GENCO ETAL lC - CONTRACTS '-., ..-.....-..... GOODS) , ENFORCE --------------------+--------------------------------------- Term and Number: I If Consolidated: #0305-01822 Term and Number(s) +------------------------------------------------------------+------------+ TR~ ~ ACTUAL: TOTAL AMOUNT NUMBER OF DATE SHEET DA E ! ( ) JURY DAYS PREPARED / ( ) NON-JURY +---- ------------------------------------------------~------------------+ I Dispos~t~on ite: I I .J.'..2 - () ( +-------------------------------------------------------------------------+ FULL DESCRIPTION OF DISPOSITION (To Be Entered VERBATIM On The Docket) : ~ ~ +-------------------------------------------------------------------------+ DEFAULT JUDGMENT/COURT ORDERED DISPOSITIVE MOTION GRANTED DIRECTED VERDICT DISCONTINUANCE ORDERED DISCONTINUE/TRANSFER BINDING ARB JURY VERDICT FOR PLAINTIFF JURY VERDICT FOR DEFENDANT MISTRIAL HUNG JURY FINDING FOR DEFENDANT FINDING FOR PLAINTIFF DAMAGES ASSESSED NON-PROS ENTERED NON-SUIT ENTERED JUDGMENT ENTERED BY AGREEMENT JUDGMENT ENTERED SETTLED PRIOR TO ASSIGNMENT FOR TRIAL (TEAM LEADERS, only) SETTLED AFTER ASSIGNMENT FOR TRIAL TRANSFERRED TO OTHER JURISDICTION OTHER (EXPLAIN) (CONTINUED NEXT PAGE) COPIES SENT PURSUANT TO PaR.CP 236(b) MAR 5~ FIRST JUDICIAL T F PA USER 1.0.: DOCKETED COMPLEX LIT CENTER MAR 5 2004 L RVANT-DAVIS COMMON PLEAS COURTS OF PHILADELPHIA ,'~/ CIVIL LISTING SECTION ~ }", ~ TRIAL WORK SHEET +-----------~--------------------- ----~---~ ------------------+ Plaintiff's Attorney(s): , ._______ NANCY LEDDY PHONE #.J~8-9090- LAW OFFICES OF ANN WAL HERR TWO PENN CENTER PLAZA &1L 7/7 - 713 -/:,.?;S c;, 1500 JFK BLVD-SUITE 1120 PHILADELPHIA PA 19102 Defendant's Attorney(s): NREP CUMBERLAND VALLEY DISTRIBUTIO 5021 TRINDLE RD MECHANCSBURG PA 17055 PHONE # NREP NREP GENCO 5021 TRINDLE RD MECHANCSBURG PA 17055 GENCO DISTRIBUTION SYSTEM 100 PAPERCRAFT PARK PITTSBURGH PA 15238 ONEBEACON INDUSTRY CO 436 WALNUT SET PHILADELPHIA PA 19106 ONEBEACON INSURANCE GROUP ONE BEACON ST BOSTON MA 02108 PHONE # NREP PHONE # NREP PHONE # PHONE # +-------------------------------------------------------------------------+ . . C'lUrt of Common Pleas of Philadelphia County Tr;al Dh'ision Civil (:over Sheet For Prothonotary Use Only (Docket Number) PLAINTIFF'S NAME RECKITI BENCKISER, INe. DEFENDANT'S NAME GENCO TOTAL NO, PLAINTIFFS (70) I TOTAL NO. OF D:FENDANTS (71) I OURTPROGRAMS DEFENDANT'S ADDRESS 5021 TRINDLE ROAD MECHANICSBURG, PA 17055 DEFENDANT'S NAME GENCO DISTRIBUTION SYSTEM DEFENDANT'S ADDRESS 100 PAPERCRAFT PARK, PITISBURGH, PA 15238 DEFENDANT'S NAME CUMBERLAND V ALLEY DISTRIBUTION SERVICES CO., INC. DEFENDANT'S ADDRESS 5021 TRlNDLEROAD MECHANICSBURG, PA 17055 COMMENCEMENT OF ACTION .1&1 Complaint D Petition Action 0 3. Notice of Appeal D Transfer From Other Jurisdictions PLAINTIFF'S ADDRESS 4501 WESTPORT DRIVE MECHANICSBURG, PA 17055 PLAINTIFF'S NAME PLAINTIFF'S ADDRESS PLAINTIFF'S NAME PLAINTIFF'S ADDRESS AMOUNT IN CONTROVERSY g $50,000 or less ~ More than $50,000 ":J Arbitration ::JJwy X Major -Non-Jury oOth.., CASE TYPE AND CODE (See linstructions) o MassTort o Savings Action o Petition D Commerce o Minor Court Appeal D Statutory Appeals o Settlement o Minors o W IDISurvivaI 2000 Contract and Declaratory Judgment Action STATUTORY BASIS FOR CAUSE OF ACTION (See Instl1Jctions) RELATED PENDING CASES (List by Case Caption and Docket Number) IS CASE SUBJECT TO COORDINATION ORDER? Yes No o 0 o 0 o 0 TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff lPetitioner/ Appellant: Papers may be served at the address set forth below. NAME OPF PLAINTIFFS/APPELLANT'S ATTORNEY ADDRESS (See Instructions) WAGENFELD LEVINE TWO PENN CENTER PLAZA, SUITE 1120 1500 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19102 JOHN C. SWARTZ, JR., ESQUIRE PHONE NUMBER FAX NUMBER (215) 988-9090 (215) 988-9091 SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS 62012 SIGNATUR~~ ~'y- DATE ia-/J..?J!6'7 W AGENFELD LEVINE By: John C. Swartz, Jr. Attorney J.D. No.: 62012 Two Penn Center Plaza, Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 RECKlTT BENCKlSER, INC. Attorney for Plaip.tiff I.'~,;(,I) [:'... J! (., I ' ., " . 'II COURT OF COMMON PLEAS PHILADELPHIA COUNTY v. GENCO, GENCO DISTRIBUTION SYSTEM CUMBERLAND VALLEY DISTRIBUTION MAY TERM, 2003 SERVICES CO., INC., ONE BEACON INSURANCE COMPANY NO. 001822 AND ONE BEACON INSURANCE GROUP NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Philadelphia Bar Association 11 01 Market Street, 11th Floor Philadelphia, PA 19107 W AGENFELDLEVINE By: John C. Swartz, Jr. AttorneyI.D. No.: 62012 Two Penn Center Plaza, Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 RECKITT BENCKISER, INC. Attorney for Plaintiff COURT OF COMMON PLEAS PIDLADELPHIA COUNTY v. GENCO, GENCO DISTRIBUTION SYSTEM CUMBERLAND VALLEY DISTRIBUTION MAY TERM, 2003 SERVICES CO., INC., ONE BEACON INSURANCE COMPANY NO. 001822 AND ONE BEACON INSURANCE GROUP FILED PRO PROTHY JAN 0 2 Z003 R. WEISS COMPLAINT AND ACTION FOR DECLARTARY JUDGMENT AND NOW COMES the Plaintiff, Reckitt Benckiser, Inc., by and through their attorney, John C. Swartz, Jr., Esquire, and files this Complaint and Action for Declaratory Judgment by averring as follows: 1. Plaintiff, Reckitt Benckiser, Inc., a United Kingdom public limited company doing business in the United States with a Pennsylvania address at 4501 WestPort Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Genco, is a corporation conducting business in the Commonwealth of Pennsylvania with a business address at 5021 Trindle Road, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Genco Distribution System, is a corporation conducting business in the Commonwealth of Pennsylvania with a business address at 100 Papercraft Park, Pittsburgh, 1 . Pennsy1vllnia, 15238. 4. Defendant, Cumberland Valley Distribution Services Co. is a corporation conducting business in the Commonwealth of Pennsylvania with a business address at 5021 Trindle Road, Mechanicsburg, Pennsylvania, 17055. 5. Defendant, One Beacon Insurance Co. is an insurance company with a place of business at 436 Walnut Street, Philadelphia, Pennsylvania 19106. 6. Defendant, One Beacon Insurance Group is an insurance company with a place of business at One Beacon Street Boston, Massachusetts 02018. 7. At all times relevant hereto, it is believed and therefore averred that Defendant One Beacon Insurance Co. and/or Defendant One Beacon Insurance Group had issued policies of insurance covering the losses incurred by Defendants Genco, Genco Distribution System, Cumberland Valley Distribution Services and Plaintiff as a result of the incident which is the subject of an action (hereinafter "action") entitled Scott Belcher v. Exel, Inc, S.c. Johnson & Son, Inc., Bestfoods, Inc. Reckitt Benckiser PLC, d/b/a Reckitt Benckiser, Inc., Confab Holding Corporation d/b/a Kendal Confab Retail Group, Docket No. 01-11530 RCL, United States District Court For the District of Massachusetts. A true and correct copy of the Amended Complaint filed in the afore-mentioned action is marked as Exhibit "A" and attached hereto and incorporated herein. 8. Plaintiff entered into a contract with Defendant Cumberland Valley Distribution Services Co., Inc. and its successors Genco and Genco Distribution Systems. A true and correct copy of said Contract is marked as Exhibit "B" and attached hereto and incorporated herein. 2 9. Uhder the terms of said Contract, Plaintiff contracted with the aforementioned Defendants for warehouse services. 10. Under the terms of said Contract, the aforementioned Defendants owed a duty to indemnify and defend Plaintiff against said action filed by Scott Belcher (Exhibit A). 11. Defendants One Beacon Insurance Group and One Beacon Insurance Company issued a policy to cover said action (Exhibit A) against the Plaintiff and Defendants Genco, Genco Distribution System and Cumberland Valley Distribution Services Co. 12. Plaintiff has requested Defendants Genco, Genco Distribution System and Cumberland Valley Distribution Services Co. to defend and indemnify Plaintiff regarding said action. Plaintiff has requested Defendants One Beacon Insurance Group and One Beacon Insurance Company to defend Plaintiff against said action filed by Belcher (Exhibit A). 13. Defendants have refused to defend and indemnify Plaintiff in said action. COUNT I PLAINTIFFS V. DEFENDANTS GENCO, GENCO DISTRIBUTION SYSTEMS AND CUMBERLAND VALL Y DISTRIBUTION SYSTEMS CONTRACT 14. Plaintiff incorporate herein by reference thereto paragraphs 1 through 13 as if more fully set forth herein. 15 Under said action, Belcher has alleged that Plaintiff and its servants, agents and/or employees were negligent, negligently inspected said cargo and negligently failed to warn Belcher (Exh. A). 16. Under said Contract (Exh. B), Defendant Cumberland and its successors Genco 3 and Genc,O Distribution agreed to perform all services necessary for the proper and efficient operation of the Distribution Center including , but not limited to, receiving, putaway, cycle counting, picking, shipping, stock accounting and sanitation services. 17. Further, Defendant Cumberland and its successors Genco and Genco Distribution agreed to defendant and hold harmless Plaintiff from any and all claims, losses, liabilities and expenses (including reasonable attorney fees) arising out of or in connection with the operation ofthe Distribution Center. (Exh. B, pA) 19. It is believed and therefore averred that the Belcher action (Exh. A.) arose out of the or in connection with the operation of said Distribution Center. 20. Accordingly, Plaintiff has requested the aforementioned Defendants, to defend and indemnify Plaintiff. 21. Said Defendants have refused to indemnify and defend Plaintiff, thus breaching the material terms of said Contract (Exh. B). 22 As a direct and proximate result of the aforementioned Defendants breach of contract, Plaintiff has incurred damages defending said action and damages from any judgment entered in said action. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants Genco, Genco Distribution Systems and Cumberland Valley Distribution Services Co. in an amount in excess of $50,000.00, together with costs and other such relief that this Court deems just and appropriate. 4 COUNT II PLAINTIFF V. DEFENDANTS ONE BEACON INSURANCE COMPANY AND ONE BEACON INSURANCE GROUP DECLARATORY JUDGMENT 23. Plaintiff incorporate herein by reference thereto paragraphs 1 through 22 as if more fully set forth herein. 24. This is an action for declaratory judgment pursuant to 42. Pa. CSA Sec. 7531 et seq. for the purpose of determining a question of actual controversy between the aforementioned Parties. 25. Jurisdiction is appropriate within the Court of Common Pleas for all civil matters not within the exclusive jurisdiction of other courts and thus is appropriate under 42 Pa.CSA Secs. 7532 and 7541 (c) (2). 26. At issue is whether Defendants One Beacon Insurance Co. and One Beacon Insurance Group have a duty to defend Plaintiff in said action (Exh. A). Plaintiff contends that the aforementioned Defendants have a duty to defend Plaintiff. 27. Plaintiff has requested Defendants to defend Plaintiff in said action (Exh. A). 28. Defendants have denied a defense to Plaintiff. 29. There is an actual, substantial and justifiable controversy between Plaintiff and the aforementioned Defendants regarding Defendants duty to defend. 30. There are not any administrative proceedings and thus the necessity of exhaustion of administrative remedies is no applicable. 5 WH.!':REFORE, Plaintiff prays that this Honorable Court enter declaratory judgment that Defendants One Beacon Insurance Co. and One Beacon Insurance Group defend Plaintiff regarding said action entitled Scott Belcher v. Exel, Inc, S.C. Johnson & Son, Inc., Bestfoods, Inc. Reckitt Benckiser PLC, d/b/a Reckitt Benckiser, Inc., Confab Holding Corporation d/b/a Kendal Confab Retail Group, Docket No. 01-11530 RCL, United States District Court For the District of Massachusetts and enter such other relief as this Court deems just and appropriate. Respectfully submitted, W AGENFELD LEVINE ~artz'Jr~ LD. No.: 62012 Two Penn Center Plaza, Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 Attorney for Plaintiff /' 6 VERIFICATION I, John C. Swartz, Ir. Esquire, as counsel for the Plaintiff herein, state that I have examined the pleadings and the entire investigation file made on behalf of said party, that I am taking this Verification to assure compliance with the pertinent rules pertaining to time of filing of pleadings and other documents prescribed by said rules and that the facts set forth in the foregoing Complaint and Action in Declarartory Judgment are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. J)~Z'Jk:Sf 7 Ii.I'NII~ill, Ullftl:Y & CIWbrd. vr J 1.1tl WUlhhlgltltl Street R~~lll! ~J HlIllilVCf,M^(I:;!T,11,l 'I'd. (781) 82Si..IJ]OI.l Wl.h.Mllli1ltlll.~trl!lf!t OUilll".Y,M^ll2lcl') It,\ j(I1'1) '1"1)_1)7(10 8 38t1d UNITED STATES DISTRICT COURT FOR THE DlSTKICI' OF MASSACHUSE'lTS SCOTT BELCIIHR, ) Plainlil'r ) ) Vs. ) ) EXEL INC.. S.c. JOHNSON & SON. ) INC., BESTFOODS, lNG, RBCKITT ) Il,HNCKISER PI.C, d/b/a RECKITT ) IlENCKISER. INC., CONFAB HOLDING ) CORPORATION d/b/a KENDALL ) CONFAB Rh'l'AIL GROUP, ) DcJcndmlts ) Civil Action No.: OI..IIS:lO.RCI AMENDED COMPLAINT ANI) DEMANIl FOR .JURY TRiAL .1 URlSDlCT'ON _'''__''." ______000____:1_ I. Jurisdiction ovcr the Defendllllts is proper pursuant to pursunnt to 2H U .S.c. ~ 13:\2. Y,'\RTms 2. Thc I'lnilllilT is Scott Belchel', llll individual llnd I'csilks al 49 Circuit Sll'eel, Ilalili.x. Plymoulh COUllty, Mllssachusc1:ls. 3. The Defendant is ExclIIIl:.. a Ul1.iltld Kingdom public limittl(.\ company doing business ill thl' United States witb II principal placc of busincss locnted ai, 50] Wcst Schrock Road, Wcsterville, Ohio. 4, The Dclendant is S.C. Johnson & Son, IlIe., a company with a principal place of busillcss located at 1525 Howc Street, Racine, Wisconsin, with a listcd rcsident agent ore.T. Cll'1)' Systems. ~ 101 Fcderal Street, Boslon, Massachusclls. 5. The Defendanl is Rcckill Bcnckiser pk, d/b/a Reckill Benekiscl', 1m:., II United Kingdnm public limited Cllnlpany doing business in th(, United Slatl" with a usual place of busincss al 1655 0170S617818L:XtI.::J O117L eo!uo)l:QI 60:00 80. 61/21 891'oN 3lI.::J 1'~J_ll'!Ul,l..iIlIllry& CIlfj'l;Ini,I'.C It 40 Wuhlllgton Sln~t""1 Ihllll~'B II,llhlVCI',M^IY/.'i'I'I "1i~1, ('llll) K2iJ-<HOO 'il~ Cmldllll!.ton Sh"~!~1 Quim:y,M^lI7It;IJ "lid (1111) ""/9'()'/OO 1 38tJd V'lllcy Road, Wayne, New Jersey. 6. The Defendant is Bestfnods, Inc., a Dclaw>ire corporation with a place of business at Intcrnlltiollul Plaza, 700 Sylvan Avenue, Englewood Cljffl;, New Jersey, with a registcred agcnt listed as C.T. Corp_ Systems, 101 Federal Street, Boston, MA. 7. The Defendant is Conf'lh Holding COll1oratioll d/b/ll Kendall Confab Rctail Group, a I'cnnsylvllllia company with a place of' busincss at 601 Allcndal,e Road, King of' Pl'llssia, Pennsylvania. E~C'rl)^L A",I,J!,~A'fIQN,~ X. On or about August 20, 199X, the Plaintiff was cmployed by Shaws Supcnnurkets (hereinuH.er "Shaws"). 9. On said date, the Pluintill' was employed by Shaws at its premises located Ilt 140 Lalll'cl Street, East Bridgewuter, Plymouth County, Massacbusetts (hereinafter "Premises"). 10. On suid date, while in the course of his employment tor Slmws, the Plaintiff was requircd to unload the Defendant's product, fhlfll !I trat'tor-truilcr localed on said I'remises. II. On said date, liS the Plaintiff unlutched the d0011l to the tractor-trailer, the doors swung open, therehy striking the Plaintiff and knocking the PlainOH' to the gl'Ound. 12. As a result of being struck by the door and bcingknocked down to the ground, the PllIintin' sustained serious personal injuries. ~QlU\{t1 ~~9TTaE.kCHER VS, E~EL: NI<:GLJGENC~: ~ 13. The Plaintitl'incorporllte~ hy relilrence the allegations set tbrth in Paragrophs I through 12 of' the Complaint as ifset out in full. 14. On said dHlt', it. WljS the duty of' the DefendHl1t to load suid cargo in a safe and suituhle 0170S617818,'.:XtJ::I 0117,'. 80!Uo~:aI 60:00 SO. 61/61 891'oN 3lI::I 81'0561'818.'. EIIJlIL:III, IJIl~I!)' /It Climl,~l, P,l'. J 140 WI!.8hiu8"m S~l I(nlllll'i"t 11n.Ilf.lvl:l'.MAOB:1\I "1'1::1, ('nil) Ki9.l"IllKJ 'il)(\xMilll!:lI,IIStllWI l)Ullt~y. MA O:)I(,lj "]',,1 ((""""',.O'W(I V 3!Jtld condition lor 011 pcrsons who would subHe'tJulJnlly lJI'IlJountlJr said lJargo. 15. On or about August 20, 199X, tbe Pluinliff was struck by thc doors of a tractor-trailer due to the ncgligent loading of cargo into the In'l:tor-tmilcr by thc DcJl'ndanl, its agents, servanls and/or cl11ployccs, 16. AH a Jircct and proximate rcsull of negligence and (:arelcssness of' the Defendanl, ils agenls, ,,"'rvants and/or employees, th" Plaintiff sustained severe personal injuries, ineurred substantial ItlCdical expenses, was jJrcvcnted li-'lIl' 1l'1lIlSactillg his usual business I'l!' a substHntial p0riod of tin,e and su ffered severc pcriods of rain and su m'ring. WIII!:REFORI<:, the Plaintiff dClnands judgment aguinst Ihc dcfbldanl" fix,el Inc., in UJJ amount that thc Court would dccrn just and reasonable, plus cOHL~, intur0s!., and other suuh rdicf as this Cou 1'1 deems appropriate. C9!J~'TJl B!,;,m~J ,B~!,CHKtLY~. I~Xl~'--!;F'AILlJRI~ '1'0 INSI)'-~!;:I 17, Till' PluintifTinc'OIl)orates hy rclL:rcnee Ihe:t1legaliollssd 1,>1'11'1 in Paragraphs I through Ih or this Complaint as i rsel out in liJlIllerl'in. IX. The Plainliff sustained IIlJury IL~ a dircd and proximate rCHu11 of thl~ ncgligcnee or tlw Defimdant as tollows: a.) The ))efendallt negligcnlly fuilt~d to inspecl the tractol'-lrai,lcr's cargo lind/or nogligently {i1iled to adequately inspl'et said CIIIW' subsequent to the IOllding of the lmctor-trailcl', 19_ As a direcl and proximale rcsult of negligcncc and earelessness of the Defendant, its agcnts, ~ serVllnts and/or elllployecs, the Plaintiff sustained severe personal iruurles, incul'l'cd substantial mcdical cxpenses, WI1S prevcnted Ii'om tl-llnsacting his usual business I,", a substantial period of tirne and suffcrcd severe periods of pain and sulJcring. Ov096v818L:Xtl:::l 01vL eOluo)l:GI 60:00 SO. 61/01 891'oN 3ll:::l hl'~U\ill, l..Ip~r.~ It Clifford, p.r: 1 J4U WllthlILV,11l1l 1\11'__ ltullll~ 'i"1 H81l(lVt~l, MA ol,Bl,1 "n:l, (7Mll R"}"I~,f;I{)1l :'\9 C:\kldllllllll11!-l:1Ic.-1 I.}ni,wy, MACYlh,u "IH fl,I"I,4"1~ (/'IllIl S 3!Oltld WHEIU~FORl~, Plaintill' dcmands judgment against the defendant, F.xcllnc., in an amount, which the Court would decm just. and rcasonablc, plus ,'osts, interest, flttOrl1eys' fees and olber such rclicfus this (:OUl'l deems appropriate, COlJNT III SCOTI' BELClU:l~ 'y'~~X.,L: 1,'AILURE TO AI>EOllATELY W AI!~. 20. The Plaintiff incorporat.cs by rcl'crencc thc allcgat.iolls scl jbrth in hlragraphs Ilhrough 1'1 or this Complaint as il's",t out in li,lil hercin. 2 J. The Plail,tifl' sust.llincd injury as a dircct. and proximat.e rcsult of t.h" negligcncc of th" Defendunt as lhllows: a.) The Defendant negligcntly failcd t.o providc warning 01' t.he said dungerous ,:onditillns or negligently lililcd t.o provide udequale warnings 01' the danger<n,s conditions. 22. As a dircct and proxilnule resnlt of ncgligcncc and carclcssncss o1'tho Def('lldunt, it.s ag,'nts, servunts and/or employees, thc Plaintiff sustuined severe personu I injuries, incurred suhsta1l1illl mcdical expcnscs, was prevelHed fhll'n U,Hlsading his usual business hlr a substantial ptlriod of lime and sulleretl sev"re ptlriods ofpllinllnd sunering. WUERRFORE, Plaintiff del11ands judgmcnl againstthc dclendant, Exel Inc., in an amount., which the Court would deNn jnst. and reasollllble, plus l'osls, interest, attorneys' fees !lI'Id other such reliefas this (:01111 decms appmpril1te. C()P~J:JV :.. SCQTI.IIE.A;:,>>ERY.~u'2.C-,-,Im!.N$ON,:, N.H';!-tJGEN~;J.k 23. The Plainlilf incorporales by reference the allegations sellbrth j,u Paragfllphs I through 22 of thc COlllplaint as il'scl out in I'ull. 0\70S6\7S1S,'.:Xtl::l 01\7,'. eo I UO)j: ar 01:00 SO. 61/01 S91'oN 3lI::I HP,'II'.III, IJllm~y& CliIl'l\nl,rc 1140 Wll~hilll!llllll Sl~l Rll\I'I~ ,\'1 HIIIKIVCI, MA OBW '1 i~ I. OM I ) H l'l' (I l()() 'il} (,'UIldhIRIIIIISU'l'ct ()lum:.,.., MA m: 1 fly I...l 1(,1 I) 4/lJ.0'1IKt 9 3!:ll;ld 24. On said date, it was the duly of the Defendant to load said cargo in a sale and suitable condition It)r all pcrsons who would subsequently encountcr said cargo. 25. On or about Augusl 20, 1 ')9!i, thc Plaintiff was struck by thc doors of a Ullelor-trailer due to the negligent louding of cargo into the tractor-u'ailer by tlw DeH:ndant, its agents, servants and/or employees. 26. As u dirt,'Ctand proximatc rcsult of negligence and carelessness of' the I )eJ'cndanl, ils agents, Sel'vants and/or cmployecs, the Plaintiff sustained severe personal injuries, incuned substantial medical tlXpenscs, was prevented from transacting his usual busincss IiII' a substantial pcriod of lime und suHercd scvere periods of pain and suffering. WHEREFORE, the Plaintiff dcmands judgment against the delendunt, S.C. Johnson & Son, Inc., in lllllunount thllt the Court would deem just and reasonable, plus eosts, interest, and olht". sueh relier lIllthis Court deems appropriate. f,-OUNT V ~(':!JTU1!~L(''JI.l!;Rv:s, S.c. JQUNSON: FAll.IJl{I~.J:!1.1NSJ'I:;.Cr 27. The Plaintiff incorporales hy relerenee the allegations set Hl/th in Paragraphs I through 26 or this Complaint as ifset oul in full herein. 2M. The Plaintiff sustained injury as a direct and proximate result of the negligence or the Derendanl as follows: u.) OI'he Defendant negligently fitiled to inspect the trRetor-trailer's cargo and/or negligently failed to adequately insped said ellfgo subsequenl 10 the 100lding of the tractor-trailer. ::. 29. As a dircct and proximate result of negligence und carelessness of the Defendant, its agents, servants and/or elllp!oY<Jes, the I'lllintitl' sustaincd severc pcrsomd injuries, incurred substantiul medical expens('s, was prevented from transacting his usual busincss f()l' a Sllhstlllllilll period of time 01709617818,',:><1;1::1 0117,', eOluo)j:QI 01:00 80. 61/01 891'oN 3lI::I Ep~ICUl, LillllCV It ('IUh,"J,I',(' J 140 WII.hiDRlull S'r~.I R(\tlte~n HllllllVI!t,MAm.:Ul,/ '1'1'1. elMI) IW~ 11100 ';9 Cllddllllollllll ,"lli~r.:1 (JUIIKY, M^ 07. 1 (,V "1"('1 1Iil'/14./I/ 0'1011 1. 3!:ll;ld IInd suffered severe periods of plIin and sulfering. WHEREFORE, Plaintill' demands judgment agllinst the defendant, R.C. Johnson & Son, Inc., in lll1lilnounl. which the Court would deem just and rellSolluble, pillS cost~, interest, allo/'lleys' fees and other such relief as this COUlt dccms appropriate. rOtJ~:r .v I ~c,.:QT:r'!~J):_!e~H.!!;_R YS. S.c. .IOIINSON: FAILURE TO AQE,QUATELY WARN 30. The PlaintifT incorporlltes by reference the allegations sct forth inl'aragraphs I through 2<) of this Complaint as if set out in full herein. :I J. The l'laintill' sustaincd IllJury liS u direct and proximate resull of the negligencc of Ih(, Odcndllnt as follows: a.) The Defendant ncgligently Hlilcd to provide waI'lllng of thc said dangerous eonditions or ncgligcntly failed 10 provide Hdequale warnings ofthc dangerous conditions. 32. As !I (\jrect and pro~ illlllte result of ncgligenee and carelessness of the Defcndant, its agents, servants and/or cmployees. the I'laintilT sustained severe personal injuries, incurred substanthli mediclIl expenses, WlIS prevented from transacting his usual business lor a substantial period of timc lInd suffcred severe periods of pain Hnd suffering. WHERE,FORE. Plain tilT demands judgment against the dcfendant, S.c. Johnson & Son, Inc., in an amuunt, which the Court would deem just and reusonable, plus custs. intercst, attomeys' lees and othcr such relief as this COUlt deems appropriatc. COUNT Yll ::.. SCP'lTUJj;J"~:l:U<':R VS, RECKrn 8l!:N~;KHi~R:l'mGLIGENCE 33. The PlaintilT incorporates by nJ.lerence the allegations set forth in I'arugraphs I Ihl'Ough 32 of' the Complaint as ifscl out in full. 0170S6178181.:XI;I:::I 01171. eo! UO)l: ar 01:00 SO. 61/~1 891'ON 3lI:::I np~IIlJII, Llllllc!yA Clil1i,lI:d,PC 1140 Walhil~f(IOU Stl\~I~1 !(ulllc.'n Ilutl~IVI".r, MA (I1JW li\I(1Ml)!l2IJ.I)IOO ''ill ()tc1dil1j,\lou St...,.,l (j~ljlll"Y, MA 07. I fiIJ ]r,!.ffll1J4'I'J.O'lOO 8 3!:ll;ld 34. On said date, it was the duty of the Defendant to load said cllrgo in a $afe and suituble condition lilr all persons who would subsequently encounler said cargo. 35. On or about August 20, 199H, the Pluintiffwas struck by the doors ofa tractor. trailer due to the negligent loading of eargo into the tractor-trailer hy the l>elendllnt, its agents, servanls und/or employees. 36. As a direel and proximate result of negligence and earcle$sness or the Defendant, its agents, servunts un\Vor employees, the Plaintiff sustained severe personal injuries, incurred substantial medical expenses, was prevented from transacting his usual busine$s li,r l.I subsumtial period of time llnd sutfered severe periods of pain lUld sul1ering. WHRIU~FORE, the I'laintHf demands judgmcnt against the der")l1d~m1:, Rcckill Bcnekiser pic, d/b/a Rcckill Benckiser Inc. in an amount that the Court would deem just and reasonable, plus costs, interest, and othcr such relief a$ this Comt deems appropriate. CQ-'J~I..YJl! SCOTf BEI"CHl<:H. VS. 1~!~~KlTT BENCKISER: .'t\JL(],R1J; TO INSPECT 37. The Plaintifr ineorporates by reference the allcgations set fi.1rth in Paragraphs I through 36 of thiN Complaint as if set out in full herein. 38. The I'laintill' sUst~lined injury as a direct and proximale result of the negligence of the I )efendantlls lhllows; a.) Tbe Detendanl negligcnlly fuiled to inspcet the trnctor-trailer's eargo and/or ::. negligently failed to adequlItely inspect. said cargo suhsequent to the loading of the tl'llclor-tnlilcr, 39. As a direcl and proximate l'esu.l1. of negligenec und earelessn"ss of the Defendant, its ag\'nl.s, servants and/or employces, Ih" Plainlil1'sustained severe personal injuries, incurred substantiul 0170S617818L:XI;I:J 0117L eOluo)l:Q] 01:00 80. 61/~1 891'oN 3lI:J I;.plll~il\, I,il'~l~)' 1ft (,1I1!.)I'.!,"'\' 11 'Il) Wll~hlnMlml SIl'l:~l Rnlllf': ~'I Hannvl"r, MAO'l.'I,1li '11-1, (IHll K1.Q.I)100 '11,1 ('mldlhlll1111 ,"'1'''''. ()lIilll:Y, M^\uHl'I 1("1 ((;1'/1 'l1'~,(n{)lI 6 3!:ll;ld mcdical expen~e~, wa~ prevented fh.ll11tl'lm~aeling his u~uul husiness j'lr a suhstanlial pcriod ol'timc and sut1cred severc periods of pain and suffering, WHEREFORU:, J>laintiH' dcmands judgmcnt against the defcndant, Reekilt. Benekiser pic, d/h/u ReckiU Renckiser Inc. in an amount, which lhe Court would deem J u~t and reasolluhlc, plus l'<)StS, intercst, alto/'l1cys' fees and other such relief u~ this Court dccrns appropriate. (,~() \Jl'fl:JX ~~(nLJ.JELCIIER VS,.R!);~,KrJ:r IJENCKISER: FAfLUIU~ '1'0 AllEOUAT(!';J,YWA1~N 40. Thc Plaintiff incorporates by relcrenee the allegations set te)rth in I'uragraphs lthl'Ough 39 or this Complaint as if set out in lull herein. 41. The PtaintilT sustained injury as II direct llnd proximatc result of the negligence of the Defendunt lIS follows: a.) The Dclcndanl negligently failed to providc warning or thc said dangerous conditions or negligenlly fuiled to provide IIdcqua1.e warnings of the dangerous eonditions. 42. As a direct tlud proximate result or negligenee and carc1e~sness of the De(~l1dunl, il.~ agents, servants lind/or employees, the Plaintiff sustuined severe persollal il\juries, ineurred substantial medical expenses, Wus prevented from trunsaeting his usual businesslbr a substun1.ial period ohime lmd suffered severe periods or pain und suffering. WHERlo~FORE, Plaintiff demands judgment againsl the del'endant, I{eekitt Hel1\:kiser pic, d/b/a Reekitt Benekiser Inc. ill an amount, whieh the Court would deenl ~Ist and rC!\sonable, plus costs, interest, altol'lwys' Iccs und other such mlier as [his Court detll11s appropriate. 0\7096\7818L:XI;I::l 01\7L 80! UO)l: ar 11:00 SO. 61/61 891'oN 3lI::l ~pilll.:llL, LJII~\lY & Clil'fnfll,I'(' 1140 WK.h1111lon SU~I:I l(l1hll~ 'n IlulI\lVeJ-, MA (),llll.J Td. (7l1lj K)4 (1IIK) "i1il,llllditIMlllUSIWI'1 ()\Iim:l', MA 1I1_lf\9 "["..I (loIf,tI)IJ,jrmll Ql: 3!:ll;ld q~l)l'fI X SCOTT BELCHER VS. 8ESTFOODS: NEGLlGENn:. __....~'w'_n".',':,,",.,...,.._.,,';~,._.._ . ' . .-,.......,.-.......,',. .'._~ ...-...-.,., 43. The PlaintiJT ineorporute~ by reference the allegations setfilrlh in Paragraphs I through 42 or the Complaint a~ if set oul inf'ull. 44. OIl said date, il was the duty 01 lhe Dclcndant to load ~aid cargo 111 a sak and suit,lhlc condition 1'01' all persons who would ~llb~eqllently enCllUntt,r said "argo. 45. On or aboul AUgu~t 20, 199R, the Plaintil1' was struck by the doors or a tl'aetllr-tl'lliler dLl(' to the nllgligenl loading of "argo into the tmetor-trailer by the Defendant, its agents, servants and/o!' employees, 46. A~ u direetllnd proximate result or negligence and carelessness ofthe Defendant, its agentfi, servants and/or cmployees, the Pblillliff sustained sevcrc personal injuries, incurred substllntial Illl-.dieaJ expenses, was prevented Ii'olll transacting his usual husiness Ii)!' a substantial period of lime. und sul'lcred severe periods or Pllin und sLlITering. WHERIWORE, the Plaintiff demands judgmenl again~lthe defendant, Bes(l,)()(ls, Inc., in an lunount lhallhe Court: would deelTljust and f'(1asonablc, plus costs, interest, and other sueh reliel' as this Court deems appropriate. COUNT Xl. I;l{:,QTT BI~LCHEl:tyS, BEST11'OOU~_;FA1LlJl{E TO INSPECT 47. The Plainli 11' iJl"Olporutes by reference the allegations set forth in Paragraphs 1 through 4i1 of :.. this Complaint liS if set Ollt in fllll hCI'ein. 4K. The Plaintiff slJslained injury as u diree[ and proximate rc~ull of the negligell"c or thc Delclldllnl. llS I"Uows: 0t70S6t7818L:XI;I:::I 01t7L BOIUO)l:Q] 11:00 SO, 61/G1 891'ON 3lI:::I 1....1:'I1<~IIl, 1.lll~(~)' & ('I)f'ftlrd.l'C 1 1 <Ii) WllJillillKllll1 Sll~(~1 "'"ll~ ~'\ U~nll"'cl, MA ilJ::\.1') 'ld,Ok\)t11(},l)100 :1'll'",hhllllll1IISlf<,rl ()llitlfy,MAml("1 t'rJ Hllll'III,I()'U}(1 11 3!:ll;ld a.) The Defendant negligently failed to inspect the traetof-trailer's ellrgo und/or negligently failed III adequately inspect sllid cargo subsequent to the loading of the tnlclur-trailel'. 4'J. As a direct and proximate result of negligence and e~lre\essncss or the Detcndunt, its ugcnt., servants and/or clllploY<lcs, the PlainlilT sustained sevcrc personal injuries, irlcuned substantial medical expenses, was preventedli.om trllnS!tcting his usual business ((lr a substantial period or lime and suffered severe periods ofpainll.nd slltTering. WHERKFURJ<:., PlaintilTdemllndsjudgmcnl against the dercndant, BeslJoods, Illc.. in an muount, which the Court would deelll jusl IInd ruasonllble, plus costs, interest, attorneys' Jees and other sueh relief as this COUll deems appropriat<l. COUNT XII sc!n::r 8Ij;l,('ltER VS. 81:8'1'1.'00U8; .FAILURE TO ADEQUATELY WARN. .',' h~~."'~_'_,,,_,,,,,_~,,"':'._,___,_,.,,.,,,,,~~ .., '~_'. __""'''''.'''' .." "'" ".' .' '.. 50. 'rhe Plainliff incorporates by reference thc allegations set fOllh in Paragraphs I through 49 of this Complaint liS irset out in ji.1I1 herein. 51. The Plaint.iff sustained injury as a direct and proximate result of lIw negligence of lhc Del"endant as lilllows: a.) The Delendant negligently failcd to provide warnmg or the stlid dangerous eondilions 0'. negligently failed to provide adequute warnings of the dangerous conditions. 52. As II direet and proximate result of negligence and earelcssness ol"lhe Defendant, ils agent.s, se'.vanl:s lind/or employees, the Plaintiff sustained severe pel'sol1fll injuJies, incum:d subslantial medkal expenses, was prevented frum lransaeting his usuul business lor a substantial period of time and suffcrcd severc periods of pain and sufrering. WUERfWORE, I'lllintilT dcrnmujs judgment. against lhe Jcfimdul1t, Hes1.l{)ods, Inc., ill an 0\7096\7818,',:>(1;1.::1 01\7,', eo!uo)l:Q] 11:00 SO. 61/01 891.oN 3lI.::I FI'~I\~J1I, 1.iJ1""Y Ar ClIUorJ,I'.(' II rI(I W~,hin~11111 ~trr~!"1 R()lJll~ ~J U""U""ll,M!\U):H':I IH ('/HIIK/I./ '}IOO \"{:'llllljl1f,!l!lIl~lhT\ (,J'IH1\~Y. MA01.lfl'1 Tl'l ((11"1) 47l1,,()7liO 01 3!:ll;ld amount, whieh thc COlnt would deem just fInd reusonuble, plus coslS, interest, allorneys' rees and olber such relief Us this Courl deems a)1)1ropl'iute. em!!'i:!' xm SCQTT.!lg,.l.C!!!j:R VS, CONFA~JmHW'l~;(ORl'QHAJJPN;_N~:<';k!.GEN.t:JI: 53. The Plaintiff incorporates by rcl'crenee lhe allcglltions set linth in PU1'agraphs I through 52 of' (be Complaint as if set out in lull. 54. 011 suid date, it wus the duty orthe I )erenda11lto loud said cargo in a sale and suitable eonditioll ror all pet1;ons who would subsequently encount.er said cargo. 55. On or about August 20, 1'J9H, the PlainlifTwas struck by the doors ofa tractor-trailer due to tbe negligent loading of cargo into the traetor-trailcr by the Defendant, its agents, servunt.s lind/or mnployees. 56. As II direct and proximate result of negligence and carelessness of thc Delcndant, its agents, servants lind/or employces, the Plaintiff sustained severe plll'SOIJaI injlllies, incurred subslantial medical expenses, was prevent.ed frorn t.rans!l(:ting his usual business Ji,l' a substantial period of'til1l(l .ll1d suffered seVere periods of pain and sullering. W,HKIU;J"OR~~, the Plaintiff demllllds judgment flgllillsl the defendant, Conlilb Holding Corporation d/b/a Kendall Confab Retail Group, in an amount that lhe Cllurt would deem just and reasonable, plus ensts, interest, and other sUl:h relief as this Court deems appropriate. CQ![t"T}(IV s<.;~rr:r..oj<;Lq-I,"R VS. CONJ<:.A.n HQLOlNG COHI'ORA'n_QJ.~;J<'A!.Lllkl!; 'l'QJNSl'_ECl 57. The I'laintill' inl:orporates by rclcrenl:e the allegations sel forth in Paragraphs I th1'Ough 56 of this Complainl as ifs<lt out in!ull herein. 5H. Thc PlllintJIT sllstllincd injury llS a dircel (md pl'llxinlUlc result of' tbe negligence llf' lhe 0170S617818L:XI;I:::I 0117L BOIUO)l:QI 01:00 80. 61/01 891"ON 3lI:::I HII~Il:Jh, Li!IM'.y,ll. ('[jflilnl,I'(: 114u WUhtnj(\11I1 StI'l~l!1 JlmJI!~ ~ ~ HIII1!1"~I', MA Ill"" Trl nIO)ft7~ \JIOO ')~ <-mJdlll/l.I(II) ~tl1~:1 1)'!IIH'Y, MA\l111l4 ],f.'I (1'l1711-;O,.ff/(K) 8~ 3!:ll;ld Defendant as follows; a,) Thc Defendant negligently failed to inspect the tmetol--truilcr's cargo and/or negligently flliled to adcquately inspect said cargo subsequent I', lhc loading {lflhe trador-I:railer. 59. As a dire"t and proximate resull o/' negligencc and carelessncss of the I>eftlndant, its agents, servants and/or employees, the 1'lainhlT sustained severe personal injuries, ineulTed substantiul medical expenses, was prevented li'om transaeting his usual business li,r a substatllilll period or time and suffered scverc periods of pain and suffcring. WI.IEREFOIU<:, Plainlill' dcmllnds judgmenl against the defendant, Con n,b ('lnlding Corporation d/b/a Kendall Confhb Retail <Jroup,in an amount, which the Court would dccll1jusl and reasonable, plus costs, intcrest, attorneys' Ices and otber such relief as this COlll'l deems appropriate. COUI'lTXY ti~O'rr BELCHER YS. C!H~i"AB HOLDiNG CORPQRA1]QN; ITAiLlIRE TO ADt;.QlJATl!;.kY WAR.I'l. (;0. The l'h.t inti IT incorporates by referenl'\.l the allcgations setlorth in Pamgraphs I through 59 ()f this Complaint as if set out inli.11I hcrein. 61. The Plaintiff sustained injury ak u direct and pmxirnate result of' the negligcl\(:c or thc Deltmdant as follows: a.) The Dcfendant negligentlylililed 10 provide warning of' thc said dangemus conditions or negligently llliled t.o providc adequate wllrl1ings oUhe dangerous wnditions. 62. As a direct and pl'Oximate rekult of negligence Ilnd carelessncss of'the Dcfendunt, its agents, servants and/or employees, thc Plaintiff susluioed severe personal injuAes, incurred substantial medical expenSes, was prevented Ii'omtransaeling his usual busincss t(w a slIbstunlial period of tirnc Hnd suffered SeVel'l' pcriods or pain and sutfering. WIU:IU.;JI'OIH:, Plaintiff dCI1l(mds judglTlCnt againsl lbl' defendant, Conthb Holding 01709617818L:XI;I.::J O117L eo I UO)j: QJ 01:00 80, 61/0~ 891'oN 3lI.::J l,ip~ll'IU, I..ip~~y III CIIlfnnl,J',r 11-t()Wll.hill!ll1f)11,~1r1':f!1 HOllll.!,1J IluIIIIVI.:I, M^01.:rw '1~1 plU, t\}.fl.IIlOO 'W1\,ddill.lllllllSlh-'t.'1 ()\IIIlC'r, MA 07I1W ld /I,Pl""/9U)(J1.l 171 3!:ll;ld Corporation d/b/a Kendall Confab Hetllil GrollP, ill an umount, which the Court would deem just und reasonable, plus costs, interest, altorneys' fees and other Rueh relief liS this Court deems appropriate. I'LAINTIFF DEMANllS A TRIAL nv JURY ON ALL lSSUF.S DA'l'ED: \ \ I-i I 0 \ Respectfully Submitted, Plainti IT, Scott Belcher By his Attorney, J~ \ ~. .. \~... -~---A._---..._. . .tii", !'uul A. Epstein, BBO IL 44151 1140 Wllshington Slreet l-Ianover, MA 02339 (7X I) H29-91 00 ~ 0170S617818L.:XI;I:::I 0117L. eOluo)l:Gf 61:00 80. 61/61 891"ON 3ll:::l OPERATING AGREEMENT ..:IBIS IH~~1l!W.MH!N'l'. JII8de. J;hi~ da,y J2~_ ,1.9.93 .' .-'m ANI)J:l.lS:.Lw=ri1 , -~"t"t'=t K tJ:J.: ..,,::cntSQ~ J:li'I:__'.:j. ~ na-1ctaQ.L,C' -C.u.I.'-f:lU:L,.a..l..i.cn .:ber'einaf"ter referred to as ~R Iir C" AND CUMBERLAND VALLEY DISTRIBUTION SERVICES CO.. INC., a Pennsylvania corporation, hereina;fter referred to as "CUMBERLAND," ., W , .l....,.,'"'~n... ...J:i:iAT. ~ith for a warehouse to be' Park, Lower Allen her ei.naf ter referred W%iJ!iJ:(JSaE! RIir C haa executed a lease dated Cumberland Distribution Services Co., Inc. .consi:r,ucud on.Lot 6A, Westportlndustrial ~'P, 'CmIlberlarid County'.. Pennsylvania, to .as :the ~LEASE. f a.nc1 WHEREAS R Ii< C desireg~o util~~e ~he services of CUMBERLAND in operating said Distribution Center in Cumberland County including but not limited to receiving, put away, cycle counting, picking, shipping and stock account.ing..relative tainventory consigned to . the Distr ibutionCen:ter J.a.nc1 ~AS ,c~, .ANDhas -'agreed''to j,'L u,,~de--the JftU. ".1ces~requ1rl1!d. 1n,...l"r1ing management staff, manpower, equipment and certain supplies necessary to conduct such operations for R &Cl .aDd . ... jNH......:l\S..CIlM1=l1l!RT.I\.ND .has represented. that it is ..skllled in all .~~Loc:cf~:the",""""":lD""Tn9 :aDd .d:1:s:trii:lut:i.-on. .....,...ry"'llJ!. sm:t is 'Capatlie13:I1d ....111 tng 1;nc..n1:Er ::1.ll1:l:) .:th.ta"Agr.......-..,I. 1d..tb"B'l, C; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is agreed by and between the parties hereto as follows. 1. Term of Aqreement iL. :.r.u=l...........ol,"..t.lt.!ll. A':IJ'...._...t':shiUJ. .. be':.ftlr .th9':.:f:trE1:;frre (51 years :cf ,tbe.Initial,Tena ast1ef1m!d.1n. the Ull\!'l@COIIlIll1i!Dt:ing with' .:the . Cmmnencement Date as defined, in. the LEASE which is >;.. pr.o:H!t:t2d.:.tQ.OC'.....)T" an cr. Bbout. t.lle lai:...daY:.-Of August....cJ.994. 2. Services Generallv a. CUMBERLAND agrees to perform all services necessary for the proper and efficient operation of the Distribution Center 1 , . including, but not limited to, receiving, putaway,cycle counting ,picking, shipping, stock accounting and sanitation services'r b. ..In order to provide the above services CUMBERLAND w.i~l '..i.u:...v-We .':the""~>>ryJDSj;etlalhand.J.~ equ:1:pmen:t.. ,lIla..uj,Juwer, d!a:s:1gnlrted admin1rtrat1~' services and opera:tionaf'Ullcti.ons. All eqa:il'ft-,lt:~:~y ("lltmli!1'lT.14Nnshall, .be.........i-nT,.1....n by L...UM.....i-<'.1\.ND. . .' . .. d'~ .E' ir Cagre!1!r'~'O *,.1. vll'..1de the---p1ck:1ng 'Ot"tierj.-nformat1on and related forms and paperwork to CUMBERLAND as agreed to for CUMBERLAND's use in providing the services. R & C agrees to prOVide the data systems and hardware necessary for .operations, administrative and inventary management functians at the Distributian Center. .d:. :li.lire '=.ll =,,'"1;0. j,JL uv lde'pa111i!"ta:l:::1:Ij;:t:1a1~y r-equ:1reti .far the onga1ngaperatian .of theD1str1butian Center as well as assuming responSibility far the repair and replacement of such pallets. .. e. . The terms .of the AWA Standard Warehause Contract Terms and Cond1 t10na shalJ.app,ly to;thi.s ..agremnent except where . ~lUpersetied by prov:l's1anshere:in. .:In~ the eVE!Irt a:fa::=nfl1ct between such terms and ~he pravisians .of this Agreement, the previsions of this Agreement shall prevail. 3. Facilities ....a~:.. Clm;:>.ll!RT;lllilO:..D' 't1:I~.am1 ",..1Trt..1n tile materiaJ. t".mrn:1n!;''!!l;l''1:1'''''''l''t..j;nclUt:tlng ::fm:kU.fis and . pallet jacks. b. 'E ir C is ta pay for all utili ties required for the . operation .of the facility. CUMBERLAND will coaperate with R & C :..:1n::the lIS!!,.D:f .the')T 1 1 j .t1.e.a in. an efiic1 ent lD.B.Ill1er . ;'.. ., ".' .-. '" 1:.",'-;. r....j -.t:l.lIDd .;=-~..~.the:T:1l!1l~ between R"& C and Cumberland Distribution SerVices Ce., Inc. for the Distribution Center. CUMBERLAND has read the Lease and agrees that it will cemply with all conditions .of the Lease. In the event the Lease terminates, then this Agreement shall terminate simUltaneously ,witheut further obligatien hereunder en the part of either party. d. R & C agrees to previde, insJ;all.andm,.1ntain. the b1l1 1 rl1 ng .BE!=1ty.,.si'a:tam_ . e. Cumberland 1:s to lItainta1n'1ni:er1ar:bu1.1ding pain:t.:l.ng and prolli.dE!.lawn.JllOWing: and.snew plewing. f. In the event any damage is caused by the negligence or willful miscenduct of CUMBERLAND'S employees, agents, .or ether representatives, CUMBERLAND shall be respensible fer repairing or replacement. 2 ;~', ,,'C' , 4. Handlinq Fees and Charqes a. R &: C agrees to pay CUMBERLAND the case rate and other ~;for,:~tld11ct j'".nrl1ed,:accord:1ng:.to Scbed.u.Le A attached to ,.-thj,:s _-=Jl""L!t and made'lIl;)ar1: ' tJer:eOf_ ,R &:Caqreea to pay . . . , opera1c.1nn.. and....administra:tive ,'DVertime dlarges.lolh1ch'are the "r'li!!mJ:t. :l:l:f"!11"'i'..~......J.lDnl!l1:!i! :'11O.1mnes .-am:1act:l:v:ity~'::CJ!I!1>.'Iilm.JIlm will secur-lt R ... e appr.ovat :lJ]:'icr "to tn...",rr:1ng sm:h charges.... , CUMBERLAND has -pred1catedthe rates. and chargoes on:SL:t1I!iIJULl!l ''1.' on the factors listed on the attached "Assumption Sheet." R &. C agrees that these factors are true and accurate to the best of its knowledge. b, The parties agree that the rate may be negotiated and Cb'lTl'JP<"l .sB.Dfaach anniversary of the Connnencement, Date or the t........c:f:.1:h2.s. Agrge...eut ''in the -event 'that there are s1gn1:fi=t t:hanges.in wages, benefits, the conduct of the business result'ing in different handling and productivity profiles or a change in volumes, governmental regulations affecting the operations and or ~tber laws or rules outside the control of CUMBERLAND. c. The annual rate review and' negotiations will include documentation supporting the following elements. quality, productivity, volume (compared to the original projection), nature of operations (line items, full pallet percentages, etc.) and verifiable cost changes. If. the parties cannot agree upon a '..revised schedule of rates. during such review, then either party ::may t-erminate :thi:s. l:I.~ .e....u=ut Dr" g;I. vtnq ::tlJe ,Dttmr par.1:~. .atl--east . .. ._'one: tmn,l. -:1.:.tma~(.i28.}.. tiBys. 1X1or 'va::11:tlm.;:notiCB . .. d..: L:lJMl:l.!!:k<LAND will pr-epare invo1ces upon receipt of R &: C -products for. handling and such invoices will be presentced to R &: C weekly: and will be payable . wi thin :thirty (30)dB.ys. M their ..L e...;~L l;ly~' R .....c_, . It .113 agrBea .by R i< C 1:ba:t d1sp"t:-!. t:harges, ., . j;f~i'~. ...11 t:tm:t:.iJf!dl:. .h"lO~":fm:: 1ii7i t-l't""n~!J 'PI'W"'1>Tl'1::.'CIl :non- 'dj;1S'PUtl;d 1 tenrs . e. In the event of a R & C major system failure R &. C will pay all resulting reasonable expenses. '5. Insurance and Indemnitv a.. .. ClIM~1l!~T.JUID .shall,..at all times during :the t.er:m o:f ..th1.s :. ".....~.....ilII:Ut.. end any€ld:ens:l.onor.. 'renewals.. thereof +'.:maintain . ~:..C.overagB .as,...f 011 ows ,. 0. l, CDMBEE!I.J\ND \rll~ -carry One. MUtion Doll-arll Warehouseman's Liability Insurance for the protection of CUMBERLAND which amount it is agreed will cover the maximum liability of CUMBERLAND under this agreement for damage or loss to product. 3 Notwithstanding the foregoing, R & C shall carry its own insurance for its own protection against losses occasioned by fire, hurricane, tornado or flood. Accordingly, the title to all .'.gcodSJrtoredc.r--iTl'" with R& C and the ..risk o:f ~tl.as remains with ,,>ll' C:'~ep1:ti1m'toCUMBEBI.AND'.:swi.ll:fu1; lIlil3..........h...c1: or n9giigence " :;. to 1ilI:1ich :!T)..-tJrrl........ M]MF\w'1'lT.ANfl'...s.Ji.aJ:U.lity.. ..hRl1..be.1iJn1tsd as ';c.:am:ted ~. . In ins1:ance-sO'f c1.ai1llB '-orl:omlestd' product ~ CIJMEEELAND' a liability ahall be limited to R & C cost of the product pertaining to which the claim has been filed. (2) R & C shall include CUMBERLAND as a named insured as its interests may appear under the property insurance coverage .B.lt C .....-t..1'""".. on -:tBe ~.~~rty;..1rt ''i:h:i;Sil:Il::a1:1..cn.. 3:he. """nllTlt td'''COVeragi!. ;lIla1lrta'inet1'D1. ~tr C 'Bha11 .:be 'not ..'leSlif 'ttum nine million ~SB,00l/l.000) dollars or current replacement value. of the building. CUMBERLAND is to maintain property insurance coverage on its equipment at the Distribution Center. Said coverage ~s to 'cover..al.l r.;1lllts .or physical .l'l..mRge to the equ1PIll!!11t .... ..(.3 )_:rnM"f\lmT;1l.Nfl.~ball-prOlT.1de statutory Workman' s Cu."l?ew,":ition l.nsuram::e. Cuw",rage ld.l1 be prov:1tied for all of CUMBERLAND's employees engaged or in any way involved in the R & C operation. 'I) ~C + (4) CUMBEELAND .shall'provide Comprehensive General ....Liability Insurance j:n at~eas1: the amount o:f One .Mi.1liou Dollar.s 4;$.1 ,JIB .0111.);'.per-~J:l~cesnd AtI:t-omnTrlle .l.1..h1 'T1:y 1:Imur.a:nce in at_~east the .:amount of One Million Dollars ($1,000.'000 ) per occurrence, R & C shall be named as an additional insured 'On these policies. . f5'1 Ctlm'lmtT.AIID shall provide .BlankBt .Employcee :;.~lW_l,,"....4'j;I~L-t 1-nn'11r itle :smx:mn1:.d ~.1ll00. (6) CUMBERLAND shall furnish to R & C, upon request, certificates or other satisfactory evidence of the above described insurance. Each pOlicy shall provide that it shall not be cancelled or materially altered until thirty (30) days after the insurance company gives notice to R & C of such change or cancellation. b. --'R .C-a-rn1-'Cl,m...",...,.1','Nl}"wa1'V1l .the1r:--rigtIt-s-cf ll:UL1.~tim1 aga.'j;nsi:' each other , both. for themselves snd their'iDlWrers, to . tile exi:eni: pennittec1by _insurance policy pr 0Vi.2 ions , c. CUMBERLAND shall defend and hold R & C harmless from any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of or in connection with the operation of the Distribution Center by CUMBERLAND, which claims, losses, or liabilities are caused by or arise out of the 4 negligence or willful misconduct of CUMBERLAND or its employees, agents or other representatives. -6. . l.uV.",LOL y , : ,'::.a.>. '0 ,.....",wdmn '~1mve ,11:)' cf.iua.u,:.'3.a]; :U-abi.l tty -Im:' 1iI::Uf....shipmenu.Dr ~1.] age.J:lue.,.J:a. dxI::U1llStlmces:.bey:cm1 1 tB : control. . .. b. Since some warehouse damage and shrinkage to inventory is inherent to these operations, R & C will allow S75,000 as an allowance to be credited against any net inventory Shortages or warehouse damage annually commencing with the term of this Agreement.. Reconc1.l.1at:1I:ln will. talt!!p.lmle at 1:tm 1::11ne oj;.the mmual phy:s.1:ca1.:inventory or at other ll\Utually agreedt'O'1::l:lIIeB. Product damage will be reported monthly, _-Y .7, Relationship and Financial Responsibility 19.. Services pr.ov.1ded hereUi:1der. by rmg:rw,f1T.lUilTl aF~"pr .:>ll1ded . strictly as an independent.cantractorand-none of CUMBERLAND's employees shall be under the control or direction of R & C and such employees, for all purposes, shall remain employees of CUMBERLAND. Nothing-rn this agreement shall be construed as a joint venture or partnership .r:eHl.t.1Dnship between R & C and . . C1JMBERLAND, ; .. ~ b_'.-..' li'1:h:e utI""" .~ tJ"'mak:lma ."..=al:-:a:sa:l;-gmnent 'j;D'I'" the benefi1: oj; credito.rs, suffers or permits the' appointment of a . receiver 'for its. business or assets, or becomes subject to any . . proceeding-under a bankruptcy or insolvency law, whether domestic ar.fore:1:gn, . or'. baa ..J.iqu1dated, voluntarily or:. otherwise, ai thar party':may term1na1:'a',:th:1aa~men:t by "thirty. .(38 )'cap-wr::l;:t1:en 2D.o1:il:e:tu..:tbe "j '..or .-:',l!mli..:mey,:regarn...:tba. ..1:1..k ........-1i' ::I!lll:::m:De:fauJ:t of 1:tr.l:s '8gt'e"'l\I"'" t. . . c, All information CUMBERLAND receives from R & C in operating the Distribution Center from or through access to the ,facili ties, personnel, records, conversations or data, whether it be by direct or indirect communication or observance, shall be treated and regarded as confidential and proprietary information which is the exclusive and sole property of R .. C. . C1Jl"IH",wLl\1'ID .. :sha1lkeep:'this.in'forJDation s:trictly' t:=Z1dentilU :and sha.l.l.: 'not tiivuige, communicate or transmit this in'formation to third parties. during the term .w: the agr.eement..andf:cr three. years after :1i:s.tm:1lltna1:1.on for cmy cause.' d. CUMBERLAND agrees to comply with all federal, state, county, municipal or other applicable government laws, regUlations and ordinances, including, but not limited to, those affecting use, operations, sanitations, wages and hours, and 5 other terms and conditions of employment. CUMBERLAND agrees to obtain any and all necessary licenses and/or permits to conduct business in Cumberland County and to perform the services at the ::...D1 ..-M-1 hn-r1 'OIl Center. , ;,.; ." . e..; .T'flM1'\lmT,JI.lID ..ry..ll ,:not. be ...l.1able'z-ar:any ~a -or .injury .. '1:';' R .. e.-pra:iu'C'tll.'l._~_..= '.cansed, mll!fH:snt:h .1Dmr:cr :I:nj'-ary resul ted' ~romthe w:1.l:~fm ~scrmduc:t ~ CI.lHB1mT,lItID 'Sl!lI1plD}'l!es. agents, or other representatives or the failure of CUMBERLAND, its employees, or agents, or representatives to exercise such care in regard to them as a reasonable careful person experienced in the warehouse business would exercise under like circumstances and CUMBERLAND is not liable for damages which could not have been.avoided by the exercise of such care. f. t.;tu-....:w.I;JI.lID:- a-gr1!!!1:ls'i:D'.t:Om11J.ct a ";vall' to w.a1l.pb:yBical 'inventory atE & C request. R & C agrees to reimburse CUMBERLAND ~or the wages and incidental expenses incurred for conducting the phy.sica.linventory. . g.,. ClmJ:;"~TJlllmagrees.tD permit access .to the Distribution .. ~ter ';for purposes of R Eo: Candlor its lenders, accountants, or . other parties to conduct audits of its equipment, inventory, or other operational aspects of the Distribution Center. h. CUMBERLAND agrees not t~ store or handle product for . any other parties within thaDistril:llltian.Center without R & C' s written consent. 8. Remedies Uoon De~ault a. In the event of default by either party in the performance of any of the terms or conditions Qf th1:s a.,p...eulent .. RI!1chdefault 'ahall':.not have beim :remedied 'W:i1:h:1n :f.1ftBli!ll US) 'da.ya '~t'e1::- :no1:iI:le..,Dt" -"",lj;.i1Bl!l to -.d!!:l:i . ....rl .i:n~:lilr1T-tT1g to. the defaulting party, thenon-de'famting",cui.:/'llI6Y, 1:na<.i<.lltlon'i:o any other remedies which may be available at law or equity, terminate this agreement effective immediately by notice of termination delivered to such defaulting party. b. CUMBERLAND shall make all payments and perform all obligations of CUMBERLAND under this agreement in default of whictl..R '*'C:..h",ll.bavEL the: .rigirt:.. to.:=e.sucb default and to Iied.uct~1:heCOBt 'ttH!re~'Wit:h .:1ntE!rest .ll.u.... any ,P"'l,,-rrl=due "UJl""'.:"',1\lID 'JJDder.A:rt1cJ.e 4..c:f .this' agreement. 9. Noti~s Any notices, reports and other communications under this agreement shall be in writing and shall be deemed suffiCiently given if and when received by the party to be notified at its address below or if and when mailed by certified mail, return 6 receipt requested, postage prepaid, or by telegram or cable, pre-paid, and confirmed by mail, addressed as follows (or to such other address as may be designated subsequently in writing, , . t-'l:'(~.LUlllN'.l: ;.";:..CT........"'..,,~ ..vaT.T:1l!V. ,llU;:.auJ:lII'l' l~rnq,~ll.lt:EB:co:~ .INC. ':5021::nuNDLE ROAD . J'lECH1iNICSBlmG, EENNS:ILi71UU1l 1. 7055 VICE PRESIDENT OF RECKITT & COLMAN, 1655 VALLEY ROAD WAYNE, NEW JERSEY OPERATIONS INC. 07474-0943 lID. Taxes a. R & C shall pay all taxes imposed or levied upon its prodUCts in or moved through the Distribution Center. ". . b. '.R .i.Cs~]; ~ aU.-incClllle' ,sals'S,. us.' excisa Dr . inventory taxes aBses~tl aga1n13"tits !;1L "'~L ty' or operations upon the premises (subject to subsection (c) beloW). c. CUMBERLAND agrees to pay such taxes as may become due .... relative to employment of manpower and any other federal, state ",:...am:l local income and business'taxes Which may be payable as a .: r_m11; af:.~r"T;nlJ...l!lX1d"J:::ODd.m::t:1nq~, 1n.l'mlImY.l.van1a. ,;1.1. "l'ennination Either party may terminate this agreement without cause with one hUIJdred1:wen:tydays ,,(.120). wri tte:n not:U::e to. the other party _ In tbe o=y=uJ. 'of ,:BIldI.t.=.....J "~~;on::tlr t......1 ....:t:1-on 'by default S!'f8L..........din Sections'1{btor 8(al:. R,.C 'Shall tJe:'botrnd by the terms of the Lease with Cumberland Distribution Services Co., Inc,. In the event of termination of this agreement, R & C shall have the right to retain a third party to operate the Distribution Center or R & C may operate the Distribution Center , itself . 12, Miscellaneous a_":In.th<9 event of" a wcrkstoppage m: lItr.ikeact:ionWb1ch cOIrt.1nuesbeyond.fifteen (15) days, R" C sballhave tile r.:l.gbt to ,.' ....e....'("el.. th:Ls. agreement on. seven (7) da}'B. notice. b. This agreement contains the entire agreement between the parties and may be modified only in writing executed by both parties. 7 . . c. The 1nva11d1ty of any p~ovis10n of this agreement shall not affect the enforceab111ty or validity of the ~emainde~ and the 1nva11d portion shall be deemed exc1sed. :d.:..: ~.. .....J."=.:af:'1!m7: de:faul't:.'artJrsach' of :&ny' ~ "",l:s'icn of tltlll agreement by ei'ther party. .shal~llOt tle 'comrtrueti as a waiver .'~J:lf:' .....l......,j~.... ,~...fi<of.."'.Ta J3:t::.Dreat:hes. -e;" 'nm-par1::1-e.s berettl baV!!rE.l.1s:1upat\:m l-""lo'....seul.a1:ions not he~ein contained. f. ag~eement so. Both pa~ties ag~ee that they have executed this in due legal form, having full legal authority to do 9~ .~-nuB .A9ri!h=m=.uL. shall. b-e y"",,"uu=l.llmd =nBtrue:d in 'sccordanceWith the laws" of the Commonwealth of PennsYlvan1a. . h. R & C consents or approvals may be g1ven by only a .repr.esentative of R & C from time to time des1gnated in writing :.by RI. C.. Al..L:BUch consents or approvals shall also be in writing. i. This agreement shall be tdnding upon the successo~s and assigns of both parties. j. Ne1 ther R & C nor CllMBERLAND may ass.1gn this agreement . without the other'.s prior. 'lilritten..""""~nt_ .SUCh. .consent. .shall . .'.net: .be..'m...........nn:m1'i' wtTtrt>alct. . k. .Dllr:tng 'the term of 'this sgreE!lllellt CUMEERLANDshall not prov.ide'the :same or.similar serv1ce.s .to. any R.fir C competitor in . the geogrspbix::m:ea. served by R fir C. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, through their duly authorized officers, as of the day and year first above written. SIGNATURES. /a.(;}.;:;/ ATTEST M At:i w<-w,~lJv Cumberland Valley Distribution Services Co., Inc. .._~-0~Qul~ . ~nEST ~ j 7Ylu~d/ Reck1tt & Colman Inc. J/ie/!' - Jf7A~~"f~,..;r . 9 CUMBERLAND VALLEY DISTRIBUTION SERVICES CO.. INC. RECKITT & COLMAN INC. " ,"::''OP!!ifu\~ LNG '1ii RAW MAKING AESUMPTIONS , __~:-vor.mm i:(I11WUllll) 18,198,835 projected cases inbound, VOlume as follows. 17,954,370 Palletized Cases 8,000 Pallets 34,000 Minimum Receipt 202,465 Customer Be turns No' pallets to be stretchwrapped by Warehouseman. 'Reck1tt &: Colman to supply any stretchwrap supplies required. , Projected average daily case volume of 73,084 P8,138,000 'dl:vided.by 249}. ..PROJECTED ACTIVITY CORFIGiJRA'rION 65% of outbound case projected activity is full pallets 2000 line items daiJ,y c.u.tbound. selection ~,. 13,.,""'''-'peI;,. t,.,hnnntJ pal,le1: ,~m1l!r.age - 2+'100 t::alMSl'er inbound truck. -- 4'5% product received on slipsheeta .}....iN~ . '" No .J'lA, " 1... I ......~:~ .imJcund ...l.oads ,by wari!house per.s.onne,L ',. -' . .~'p""l....t~. 2 average lines per inbound receipt -- max is 4. CUSTOMER DIRECT Reckitt & Colman to SUPply pallets and maintenance thereof, o ,..Iedt1t.t ,. -ColJDan"tl:I:pay':fm: ,SIlY';:!:}f.pe 1J:f,;tu""...l.llq. Becld;t1: & Col'manand CUlIlberland' shall lI\Utually agrae Sll to .. what. ex~ each p.aJ::ty, .shaH prc.1lide ..c.ff.i1:a...fl.lrD.1 ture and .. 'Bylrtems. Reckitt & Colman to pay all authorized disproportionate volume related overtime. 10 ~ T Reckitt " Colman to pay for physical inventory activity at actual cost, Reckitt " Colman to provide all forms and supplies for the operating system. .;~us " "- .~ ~ .ilet:;k:1tt ..:Crtnoa,., :-n'..j,lJ. uvide operat:tnq 'QiI:teml!lJd -all rela.ted .:doeuments. Cumberland to prOVide one administrative assistant and ,- clerical. , -" . Cumberland agrees to utilize sheltered workShops and similar organizations for special project activity to the extent . po"" 1 hl!!! .con..'1n..ri.ng .the nature .and, ,ti:m1Ilg_o:f the pro,j-ect. BIld app:Ucab~'e' Tegulations. .. Recki ti: .. Col111an-reta1nsthe right to contract and manage sheltered workshops and similar . organi~ations directly. Work of this nature will be performed in the Distribution Center. ,".,..... - 1/' Moving. Costs ,to .New BuUding. .' Cumber~and will receive up to 800 pa.11et~~:oads (or 24..1Il1ll0 pallets) at no cost, Any -pallets in excess of 24,000 Will be billed at the pallet handling rate shown on Schedule A. Any non-finished goods transfers will be billed at actual cost using the labor rates shown on Schedule A. .. " jA $100,000 rentabat, eman1:,Totlll be .",...ZWL.e:t rlTTr"tng,the month V:., that. :the :ao'lal ..tak-eBpl:aa i::o cover .It'' C JLctXS1: of '. trsnspcrtat.ion 'ttT move the . 'Product . . R & Cahall not be required to make duplicate. monthly /'Stcrage payments at Middletown and ~t'Pcri: so .J;onqas the v51llOve.i.s. accompllshed' within iour (4l weeks _ commencing- with the dB:t-9:=~l7 ~eed..,to.tly It.. .C.ans:t: ('nmho:>r.laDd. -v' Cumberland to-provide up to 1600 rack positions. 11 CUMBERLAND VALLEY DISTRIBUTION SERVICES CO.. INC. RECKITT & COLMAN. INC. SCHEDULE A . BAn SHEE'r " D1.re::t"t:om:-per"1:ese . _ .3....5.: 'cantll. bi~l1!d on entry. (rate applies to all case receipt with no minimums.) Pallet units (single case inventory unit) S5.46 billed on entry, 'ce.; ACCESSORIAL BATES S1:retchwrap-charqe (no material) Salvage ra:l:e $1,10 per pallet Actual Additional labor ...:Ea-ch"projex:'t tobla negotiated ~th actual cost invoiced plus 10% markup Actual as verified by on site R & C management . .' : 'plJm.l0~ :markup BpeciaJ:~rojerts AdJIl1:n1strative labor bill actual cost plus 15% mark-up ::._ OVERTIME DAILY & SATURDAY SUNDAY & LEGAL HOLIDAYS 'When performing receiving, storing and Shipping . .functiDns.. $...7_.5.Q.I~. hCur .:" Wm!yrnot -perf'orming .. receiving, lItoring and -sh1pping :fl.Dllrtions including equipment required. .$.J.5_ 00i.JllaIl.hour $22,00/man hour S29.00/man hour 12 ., 9 ~~~ 81OZ0 VW 'uolsog l~~.IlS uo:m~g ~uO dnoJD ~:lU1lmsuI UO:lll~g ~uO 90161 Vd 'll!qdP1J1lUqd mOld puZ 'l~~.IlS lUUIllh\ 9Ev dnOJD ~:lU1lmsuI uo:m~g ~U() ~~OL IV d "BmqS:lIU1lq:l~W p1l0~ ~IPu!Jl I ZO~ '0;) S~:l!Al~S uOllnq!.lls!Q f.:~l\1l ^ pU1lp~qlUn;) 8EZ~I Vd 'qjjmqsH!d :l{.l\ld YllJ:lJ~dlld 001 lU~lsf.:S UO!lnq!.llslQ O:lU~D '~~OL IV d 'jjmqS:l!Ullq:l~W p1l0~ ~IPu!J1I(;0~ O:lU~D :jjU!MOl\OJ ~Ip uodn jJunm~ld jjUlojj~JOJ ~Ip JO f.:do:l p~.uO:l pUll ~11.Il1l 'P!lld,lJd ~jjlllSod 'I!1lW S~llllS P<ll!Ufl SSllj:lls.IY ll!A p~Al~S ~q Ol p~snll:l 'mo(; J~qlU~:l~QJo f.:llp IJlEZ s!IJl ~Allq I llllJl ~!l.l~:l f.:q~J~q '~J!nbS3 "Jf 'Z~MS ';) uqof ' I 3;)IA1I3S.!IO 3.LV;)I.!IU1I3;) Court of Common Pleas of Philadelphia County Trial Division Civil Cover Sheet For Prothonotary Use Only (Docket Number) MAY 2003 001.822 PLAINTIFF'S NAME RECKITT BENCKISER, INC. DEFENDANT'S NAME GENCO PLAINTIFF'S ADDRESS 4501 WESTPORT DRIVE MECHANICSBURG, PA 17055 PLAINTIFF'S NAME DEFENDANT'S ADDRESS 5021 TRINDLE ROAD MECHANICSBURG, PA 17055 DEFENDANT'S NAME GENCO DISTRIBUTION SYSTEM PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS 5 100 PAPERCRAFT PARK, PITTSBURGH, PA 15238 DEFENDANT'S NAME CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INC. DEFENDANT'S ADDRESS 5021 TRINDLE ROAD MECHANICSBURG, PAl 7055 COMMENCEMENT OF ACTION o Complaint D Petition Action 0 3. Notice of Appeal X Writ of Summons 0 Transfer From Other Jurisdictions PLAINTIFF'S NAME PLAINTIFF'S ADDRESS TOTAL NO. PLAINTIFFS (70) TOTAL NO. OF DEFENDANTS (71) AMOUNT IN CONTROVERSV OURT PROGRAMS o $50,000 or less o More than $50,000 =:J Arbitration ::::J Jury X Major -Non-Jury -::J Other: CASE TYPE AND CODE (See linstructions) o MassTort o Savings Adion o Petition o Commerce o Minor Court Appeal o Statutory Appeals o Settlement o Minors D W/P/Survival ~oo<:> - ~ STATUTORY BASIS FOR CAUSE OF ACTION (See Instructions) RELATED PENDING CASES (List by Case Caption and Docket Number) IS CASE SUBJECT TO COORDINATION ORDER? Yes No o 0 o 0 o 0 TO THE PROTHONOTARY; Kindly enter my appearance on behalf of the Plaintiff!Petitioner! Appellant; Papers may be served at the address set forth below. NAME OPF PLAINTIFFS/APPELLANT'S ATTORNEV (2 I 5) 988-9090 (215) 988-9091 ADDRESS (See Instructions) LAW OFFICES OF JOHN A. GUNHEIM TWO PENN CENTER PLAZA, SUITE 1120 1500 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19102 MARC F. ULLOM, ESQUIRE PHONE NUMBER FAX NUMBER SUPREM~ COURT IDENTJF~CATIO . ~4.8489_}/f \ I () () SIGNATUY-V ~ . ~_ ;"~D;7;S",,\ @ 18 /,/ ~ DATE 'S'"!r q 0 .3 Court of Common Pleas of Philadelphia County Trial Division Civil Cover Sheet (Supplemental Parties) PLAINTlFF'S NAME PLAINTIFF'S ADDRESS PLAINTlFF'S NAME PLAINTlFF'S ADDRESS PLAINTIFF'S NAME PLAINTIFF'S ADDRESS PLAINTIFF'S NAME PLAINTIFF'S ADDRESS PLAINTlFF'S NAME PLAINTIFF'S ADDRESS PLAINTlFF'S NAME PLAINTIFF'S ADDRESS -PLAINTIFF'S NAME PLAINTlFF'S ADDRESS PLAINTlFF'S NAME PLAINTlFF'S ADDRESS For Prothonotary Use Only (Docket Number) DEFENDANT'S NAME ONEBEACON INSURANCE COMPANY DEFENDANT'S ADDRESS 436 WALNUT STREET PHILADELPHIA, PA 19106 DEFENDANT'S NAME ONEBEACON INSURANCE GROUP DEFENDANT'S ADDRESS ONE BEACON STREET BOSTON, MA 02108 DEFENDANT'S NAME DEFENDANT'S ADDRESS DEFENDANT'S NAME DEFENDANT'S ADDRESS DEFENDANT'S NAME DEFENDANT'S ADDRESS DEFENDANT'S NAME DEFENDANT'S ADDRESS DEFENDANT'S NAME DEFENDANT'S ADDRESS DEFENDANT'S NAME DEFENDANT'S ADDRESS Law Offices of John A. Gunheim By: Marc F. Ullom, Esquire Attorney J.D. No.: 48489 Two Penn Center Plaza, Suite 1120 1500 JFK Boulevard Philadelphia, PA 19102 (2 I 5) 988-9090 Reckitt Benckiser, Inc. 4501 Westport Dr. Meehaniesburg, PA 17055 Pll1intiff v. GENCO 5021 Trindle Rd. Meehaniesburg, PA 17055 and GENCO Distribution System 100 Papercraft Park Pittsburgh, PA 15238 and Cumberland Valley Distribution Services Co., Inc. 502 I Trindle Rd. Meehaniesburg, PAl 7055 and OneBeacon Insurance Company 436 Walnut St. Philadelphia, PA 19106 and OneBeacon Insurance Group One Beacon Street Boston, MA 02108 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS PHILADELPHIA COUNTY No. MAY 2003 00.1822 CIVIL ACTION DISCOVERY DEADLINE: 2--2 -0 L- \ PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons - Civil Action directed to GENCO, GENCO Distribution System, Cumberland Valley Distribution Services Co" Inc., and One Beacon Insurance Company, and OneBeaeon Insurance Group, in the llbove-eaptioned matter. Marc F. m, Esquire Attorney for Plaintiff ~ ~ J}& ~ <t.~q;. ~ ~ ~-A."" ~ q~ cF Ci)' ) I'.'..:I~ .. .;lj ~~~,~ ~~~~~ ~ :::t:J ';"";-~ <:>; l(,," Co." ~ ~. :c-1f~ ~.i' 6i-i ~ :::5'"-'- 00 S :F...-(~o;:I ~. ->i''PJ 1. 7 ~_.~ .". I-'" '......'!:::X 1"..,:1 '::, r:.~ C' (, ,='"' 5:~ ~ ...,. ~ ~Q 3: ~ ?( 00 ~ N 0 N c,.) J ;, BP 97 OIammanfucaltq af Jcnnst!lfrania CITY AND COUNTY OF PHILADELPHIA SUMMONS CITACION Reckitt Benckiser, Inc. 17055COURTtiAv~~~ON PLEAS 4501 westport Dr., Mechanicsburg, PA Term, 19_ No. 00:1822 vs. GENCO, 5021 Trindle Rd., Mechanicsburg, PA 17055 GENCO Distribution System, 100 Papercraft Park, Pittsburgh, PA 15238 Cumberland Valley Distribution Services Co., Inc., 5021 Trindle Rd., "', '''' Mechanicsburg, PA 17055 OneBeacon Insurance Company, 436 Walnut St., Philadelphia, PA 19106 OneBeacon Insurance Group, One Beacon Street, Boston, MA 02108 To(1) Defendants DiSCOVERY 1JEA.DUNE: 2.- 2 - O~ You are notified that the Plaintiff12) Recki tt Benckiser, Inc. Usted esta avisado que el demandante(2) Has f~ commeneed an aetion against you. Ha (han) iniciado una accion en contra suya. JOSEPH H. EVERS Prothonotary By ~ '5-/'5-fb3 (') Name(s) of Defendant(s) (2) Name(s) of Plaintiff(s) Date 1Q-208(Rev, 11/95) -'UUl.....I:"':s: OOGl ::c :5: IV::>'~U1P1P1 ~~t<:l CD ~ ..... f-"f-'.O~ t; CD Z 0 U1.....rt"O 0 tJlO'O ,.. () -PI CD 0 CDCDO f-'. J\) 0 P> c..,,,,,"':I PI t;- rt <:> C 1..0 (D 1--10 !-tie 0..... rt <:> ::c CO ..... 1--1 t:r 1-'- OPlGl C.:l 00'0 IV ~ 0 C ~~t<:l tJl ..., I ::>'0 CD..... P>Z CD 0 \0 f-'. "':IUl..... en H 0 ~ -< oPl 0 ~<:O 0 '" "l c:: ~ \0- o !3 ii: UlPl ,.. 3 0 ~ ""- ~ .....0 <: f-'. () 'U CD ii: t; .....f-'. ~ Ul ~ 0 P ~c..,t<:l 0 PlCDUl CD '" ~ 0 Ul :z: ~'<rt t; I 3: CD ::>'..0 en 0 t; 3: ..... P>~~ CD 0 f-'. ~O 0 \0 '< f-'- f-'.O' H Z ..... pt; OUl~ ~ 0 0 tJl. CD Ortrt 0 'tI IV 0 - !3 t; f-'. ... r< ~Gl '0 f-'-O ell t'1 .....~H PI O'~ ;t> CD ~ . ~~ N (fl <: ::>' 0 '< rt Ul N PI CD. - f-'"'<: t; f-'- OUl P>!3Z PI~rt 0 ~ CD P>Ul!3 CD- ... Ot; <X> ~<: ... CD f-'- <X> tJlO \0 CD CD PlUl 0 00 ~O H- ::l UlH ~~ t;0 PI . ~- 0 CD Gl t; 0 ~ '0 --J >>: 11 ~ ..... ~ x C,P.66-1/2 SHERIFF'S RETURN OF SERVICE. PHILADELPHIA CO. (Please prepare separate "return" Form for each Defendant to be served by Sheriff, If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped enve- lope for each separate address where service is required,) GOUAT TERM AND NUMBER MAY 2003 001.822 SHERIFF'S NUMBER ,~ ~ t-s TO BE COMPLETED BY ATTORNEY PLAINTIFF Reckitt Benckier, Inc. HAY29_ COST , MILEAGE DEFENDANT(S} GENCO, GENCO Distribution System, Cumberland Valley Distribution Services Co, 8neBeacon Insurance Company, and neBeacon Insurance Group SERVE AT OneBeacon Insurance Company 43GIWalnut.Street Ph~ adelpu~a, PA 19106 SPECIAL \NSTRUCTIONS DISTRICT Inc :[J Summons o Other: o Complaint TYPE OF ACTION TO BE COMPLETED BY SHERIFF Served anq ",ade known to rJru- f3.e0COvl J{rlSUK'anCL- Co. Defendat',t(s) on the .,;(~ day of '-../VI~ . 20.Q2L. at ';;:,L.U O'clock.p..M. at "'-I-31(? Wo /nUJ Street, County ot PhIladel- phia, CommonweAh of Pennsylvania, in the manner described lielow: o Defendant(s) personally served. o Adult family member with whom said Defendant(s) reside(s). Relationshipis o Adult in charge of Defendant's residence who refused to give name or relationship. o Manager/Clerk of place of lodging in which Defendant(s) residers). !SZ0Agent or person in charge of Defendant's office or usual place of business,~kA I 8u..rr o and officer of said Defend~ company, o Other " l:6wl SHERIFF J?O. G~N ~ By . ____ P J 15~(.R551 0 ~ a"~v.) 8hMrr' fY'DCC:S:) Se"v-ve,y o'clock _.M, Defendant not found because: On the o Moved day of o Unknown 0 No Answer o Vacant .20_. at DOther: SHERIFF JOHN D. GREEN By Deputy Sheriff f\\.~'f\-\V Now, the pf\O l'f\ r;J~y of deputize J\,!W'~r~ :All serve this"'" 0 Summon!.,. D Complaint and accord~ ~~\..\.U DEPUTIZED SERVICE , 20_, 1, Sheriff of Philadelphia County, Pennsylvania, do hereby County, , to D Other: and make return thereof SHERIFF JOHN D. GREEN By Deputy Sheriff TO BE COMPLETED BY ATTORNEY Name Marc F. Ullom, Esquire Address 1500 JFK Blvd, Ste 1120, Phila., PA Telephone Number (215) 988-9090 Identification Number 48489 Represents: k' o Plaintiff(s) Rec ~ tt Benckiser, Inc. o Defendant(s) o Other TO BE COMPLETED BY PROTHONOTARY 19102 ATTEST PIAVCY~~dr J. MOODY DATE ATTEST 5-21 (Rev_ 7ICO) PROTHONOTARY'S COpy SHERIFF'S RETURN - REGULAR CASE NO: 2003-00320 T COMMONWEALTH OF PENNSYLVANIA: . . COUNTY OF CUMBERLAND RECKETT BENCKISER INC VS GENCO ET AL DAWN L, KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS GENCO was served upon the DEFENDANT , at 0016:26 HOURS, on the 9th day of June , 2003 at 801 SPANGLER ROAD CAMP HILL, PA 17011 ED SHOEMAKER (FACILITY by handing to MANAGER) 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 Service Affidavit Surcharge 18,00 9,66 2,50 .00 .00 30,16 Sworn and Subscribed to before me this day of A,D, Notary So Answers: r~,~~~ R, Thomas Kline 06/10/2003 RECKITT, BENSICKER, INC, By: ~QW'Y) ~ ~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00320 T COMMONWEALTH oF" PENNSYLVANIA: COUNTY OF CUMBERLAND RECKETT BENCKISER INC VS GENCO ET AL DAWN L, KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DEFENDANT CUMBERLAND VALLEY DISTRIBUTION SERVICES CO INC the , at 0016:47 HOURS, on the 9th day of June , 2003 at 360 INDEPENDENCE AVE MECHANICSBURG, PA 17055 CHARLES FORNWALT (OPERATION by handing to 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 Service Affidavit Surcharge 6,00 ,00 1. 0-0 ,00 ,00 7,00 Sworn and Subscribed to before me this day of A.D, Notary So Answers: ~~ L~~~~ R, Thomas Kline 06/10/2003 RECKI::: B~~ Deputy INC. ~ ut Sheriff CoP 66.112 TO BE COMPLETED BY ATTORNEY COURT TEAM AND NUMBER MAY 2003 001.8~2 SHERIFF'S NUMBER 1~4 3 c .::------- I MILEAGE SHERIFF'S RETURN OF SERVICE. PHilADELPHIA CO. (Please prepare separate ~return" Form f~ each Defendant to be served by Sheriff. If you de~ire a copy of this "Return" marr~ to you, please attach self-addressed, stamped enve- lope for each separate address where service is required,) PLAINTIFF Reckitt Benckiser, Inc. DEFENDANT(S) GENCO, GENCO Distribution System, Cumberland Valley Distribut~on Services gneBeacon Insurance Company, and neBeacon Insurance GroUp SERVE AT GENCO ~26~a^lb~g~rg~O~~ 17055 DISTRICT SPECIAL INSTRUCTIONS Deputize in Cumberland County Co, In ~ Summons o Other: 11;~' TYPEOFPI 1T17F (!K. /00. DO o Complaint TO BE COMPLETED BY SHERIFF . 20_, at o'clock _,M. at phia, Commonwealth of Pennsylvania, in the manner described below: . Delendant(s) on the day of Street, County of Philadel- Served and made known to o o o o Manager/Clerk of place of lodging in which Defendant(s) residers). o Agent or person in charge of Defendant's office or usual place of business. o and officer of said Defendant company, o Other Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship, On the o Moved , . day of o Unknown 0 No Answer ..,,~ JUN ! 4 2003 D. GRAIijM_, at SHERIFF JOHN D. GREEN By Deputy Sheriff ~ o'clock _.M. Defendant not fo.u_~d b~cause: o Vacant o Other: SHERIFF JOHN D. GREEN By Deputy Sheriff NoW. the /;:)"7""- day of deputize the Sheriff of serve this 0 Summons 0 Complaint and according to Law, DEPUTIZED SERVICE /114-'{ I ' 2003 . I. Sheriff of Philadelphia County. Pennsylvania, do hereby COt"\ b 0.... (",,.,-.. County. PA- , to o Other: and make return thereof Marc TO BE COMPLETED BY ATTORNEY F. Ullom, Esquire JFK Blvd., Ste., 1120, Phila.. (215) 988-9090 4~4~9 PA 19102 SHERIFF JOHN D. GREEN ~ h By [JA, ok- . u 0 ySheriff TO BE COMPLETED BY PROTHONOTARY ATTEST ~'h ~&~~JTARY J. MOODY ATTEST Name Address 15 0 0 Telephone Number Identification Number Represents: [] Plaintiff(s) o Detendant(s) o Other Reckitt Benckiser, Inc. DATE 5-21 (Rev. 7/00) PROTHONOTARY'S COPY C,P 66-1/2 SHERIFF'S RETURN OF SERVICE. PHilADELPHIA CO. (Please prepare separate "rettJln" Form' for each Defendant to be served by Sher" If you desire a copy of this "Return" mailed to you, please attach self-addressed, sta ped enve- lope for each separate address where service is required.) / COURT TERM AND NUMBER MA'l 2003 001822 :>rnoo_ iQfr.13 TO BE COMPLETED BY ATTORNEY PLAINTIFF Reckitt Benckier, Inc. DEFENDANT(S) GENCO, GENCO Distribution System, Cumberland Valley Distribut~on Services Co, OneBeacon Insurance company, and OneBeacon Insurance Group )',EAVEAT Cumberland V<;,lley Distribution.serVice~ TYPDCFPUTIZE vO, Inc., 5021 Tr~ndle Road, Mechan~csburg, f} _ "m PA 17055 1 V,''' SP~C(AL INSTRUCTIONS . / Deput~ze in Cumberland County DISTRICT I 1]1 Summons nc. o Other: o Complaint TO BE COMPLETED BY SHERIFF Served and made known to , Defendant(s) on the day of , 20_, at o'clock _.M. at Street. County of Philadel- phia, Commonwealth of Pennsylvania, in the manner described below: o Defendant(s) personally served, o Adult family member with whom said Defendant(s) reside(s). Relationship is o Adult in charge of Defendant's residence who refused to give name or relationship, o Manager/Clerk of place of lodging in which Defendant(s) reside(s), o Agent or person in charge of Defendant's office or usual place of business. o and officer of said Defendant company. o Other SHERIFF JOHN D. GREEN On the o Moved day of o Unknown 0 No Answer '11.11' ,~O flli\O'1'MV JUN 2 4 2003 ,20_. at DVa.I~AM By Deputy Sheriff : .'i o'clock _.M, Defendant not found beC'suse: SHERIFF JOHN D. GREEN By Deputy Sheriff Now, the 16~ day of deputize the Sheriff of serve this 0 Summons and according to Law. fi'111rl{ t!uMlJer/dJoJO o Complaint 0 Other: DEPUTIZED SERVICE ,20 oj ,I, Sheriff of Philadelphia County, Pennsylvania, do hereby County. lOA- . to and make return thereof SHERIFF JOHN D. GREEN PJ (' By Q-3. Jr- ~ I (j De. Sheriff TO BE COMPLETED BY ATTORNEY Name Marc F. Ullom, Esquire Address 1500 JFK Blvd, Ste 1120. Phila, PA Telephone Number (215) 988-9090 i 'f' . N b 48489 dentl Icatlon um er Represents: []I Plaintiff(s) o Defendant(s) o Other TO BE COMPLETED BY PROTHONOTARY ATTEST ATTEST PiXAfR(.nf~f!OrY J. MOODY DATE l<ll(l? Reckitt Benckiser, Inc. 5-21 (Rev, 7/00) PROTHONOTARY'S COpy CP 661/2 (4 ~ SHERIFF'il RriURN OF SERVICE. PHILADELPHIA CO. (Please prepar~ sapar-elle "return" Form 10r each Defendant to be served by Sheriff, If you desire a copy of .thi~ .~eturnJl mailed to you, please attach self~addressed, stamped enve- lope for each 'separate address where service is required,) t3J(2/tll,v COURTTERM AND NUMAy 2003 :;\ 001822 TO BE COMPLETED BY ATTORNEY I Q 1 A '2... ~;::kit' Benokieer. ,"0. 1 t:6~ ~ DEFENOANTISI DISTRICT ~ / i GENCO, GENCO Distribution System, . ". / Cumberland Valley DistributJ.on Services Co, IN~ SU on..s..~ ~1?IflJ,qt j "'? 1"11\ OneBeacon Insurance Company, and ther: ,,'J.. ,,)f:;IC/ r ,)1 L.^J OneBeacon Insurance Group DE' , - SERVE AT ~~~c~aB~~~n~~tp~i!kSystem / TYPE FA UTIL.I!.. Pittsburgh, PA 15238 "\. //.. "- Deputize in Allegheny County ~ Served and mad c '\ Z t -1 {)f" "I ,20~t {"""" O'Clocktz:-.,.,M. at phia, Commonwealt of P nnsylvania, in the manner described below: o Defendant(s) personal y served. o Adult family member with whom said Defendant(s) reside(s). Relationship is ~ i o Adult in charge of Defendant's residence who refused to give neme or relationship. ( - o Manager/Clerk of place of lodging in which Defendant(s) reside(s), ~nt or person in charge of Defendant's office or usual place of business. ~ ( ~ o and officer of said Defen ant company. o Other TO BE COMPLETED BY SHERIFF , Defendant(s) on the dZ day of Street, County of Philadel- ~R~/A'''1 l Sb<i1'~ *~'';>P''hHC \ fllJiD Ci.'Y of P!~burgh. ~lI.gbeny County PRO PRe:rwv o t~ ComllUSSlOIl Exp~ l,'f"e 19. 2004 , 20_. et D~'Pf'~'f~~:~,ssom'ooll=:' DvacanJUNcf,e4 2003 By ~ o'clock _, M, Defendant not found ~ecause: SHERIFF JOHN D. GREEN D. GRAHAM By Deputy Sheriff Now. the ./ S;r~ day of deputize the Sheriff of serve this 0 Summons and according to Law. 41#Y Alle9Ae.v $'I o Complaint 0 Other: DEPUTIZED SERVICE , 20 ,17.3 , I, Sheriff of Phiiadelphie County, PennsYIJani~, do hereby County. ~,,(J'- " . to and make return thereof TO BE COMPLETED BY ATTORNEY Name Marc F. Ullom, Esquire Addressl500 JFK Blvd, Ste 1120, Phila, PA c I h N b (215) 988-9090 Ie ep one urn er Identification Number 48489 Represents: Recki tt Benckiser, Inc. [J Plaintiff(s) o Defendant(s) o Other SHERIFF JOHN D. GREEN ~ By CA. JI~ I U (jo';utYSheriff TO BE COMPLETED BY PROTHONOTARY ATTEST ATTEST VAV''fT~~RY J. MOODY DATE 19102 5.21 (Rev_ 7/00) PROTHONOTARY'S COPY LAW OFFICES OF JOHN A, GUNHEIM By: Nancy 1. Leddy Attorney 1.0. No.: 44329 Two Penn Center Pluza, Suite 1120 1500 John F, Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 RECKITT BENCKISER, INC. v. GENCO, GENCO DISTRIBUTION SYSTEM CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INC., ONE BEACON INSURANCE COMPANY AND ONE BEACON INSURANCE GROUP Attorney for Plaintiff COURT OF COMMON PLEAS PHILADELPHIA COUNTY MAY TERM, 2003 ....,. ='~ '" , - t,) 0 :/. I~'" - I () -'- ~ ~- ? , "- , ....> " ;,) u" :,1;'::: -':'l,l (jU -~ :::L; -( NO. 001822 \::i. ;~ & tJ"l ... ..... -.;1 ~ ::. ~ G') ..... 010 -.;1 _ .., ~ ... 0 -I S ~ :x. _ ~ -r.. ~ r; ... y;;. ekitt Benekiser, Inc. in the abovi#' :E WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on be captioned matter. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Reekitt Benekiser, Inc. in the above captioned matter. DATED //>1/0 '6 ml NANCY J. LEDDY, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION - CIVIL AUGUST 02, 2003 RECKITT BENCKISER INC VS GENCO ETAL 030501822 /'l 4, I$>~C, "1'~ ~. ~~h, <'-?4~ ./.9~. ~< ~~" (" ('?~ "0'0 <../ 1.;/>, "'t"~, 'v' CUMBERLAND VALLEY DISTRIBUTION SERVICES CO INC 5021 TRINDLE RD MECHANCSBURG, PA 17055 NOTICE OF STATUS/TRIAL SCHEDULING CONFERENCE A Status/Trial Scheduling Conference is hereby scheduled on September 08, 2003, at 02:00 P,M, in CITY HALL COURTROOM 602, Philadelphia, PA 19107, ALL PARTIES ARE DISCUSS THEIR CASE, CONTINUANCES WILL BE DIRECTED AS WELL GRANTED. TO AS APPEAR AND BE ALL SCHEDULING PREPARED ISSUES, TO NO In the event a party is unable to appear, a representative may appear, Failure to appear will imposition of a Rule Returnable Hearing whereupon be imposed. knowledgeable result in the sanctions may Questions concerning the above may be directed to Mary McGovern, Deputy Manager, Complex Litigation Center, in writing via facsimile (215) 686-5137, BY THE COURT: NORMAN ACKERMAN, J, COORDINATING JUDGE ----- ~Tl"~"':' 'i ~ ~ ~JI ~ ~ t\l'~~ 0: 00 ~.l ~..;:~ ~~ !t~.,~~~ i~' '1" ~ .- i' ~ '" ~ ~ e o -.. a: ... :z: .... o o ffi .. .. ... ~~ cnZWQ (I);=CC.CO ~ot;rn~ o~=~~ ~....W~.C:C 011:I11:I0 ~:z==~u.. WCII~u.le ~~:r:~W u.,G..(.)irl""'" ~!~O: v.lI- cn....:z ZI-OO::l _czz. OOC)1\ (5 ~ ~ 2 <! > -' >- 00 2 2 L1J 0. f- LL <! 000'" f-<!f- (jW~ _-'2 a:::a...- r-- ~5~ 0 O::E4:::1O"l ---l;:E=::!<ic( <O>:r:o.. ouul::oci Ou..u..t5I ::::>000:00.. ~r-W~~ Cf.)a:::O::;:O ~5ItO~ u..()O~~ 2 o -~.". : (.. ,5 N Nr) (\I.... .111": (T)i) .....':-1 olrt '11..... () ,.... ..... N > IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA . TRIAL DIVISION - CIVIL AUGUST 02, 2003 GENCO 5021 TRINDLE RD MECHANCSBURG, PA 17055 NOTICE OF STATUS/TRIAL SCHEDULING CONFERENCE C); ~ ~~~ ~ (?~ ~ ~ &> ~ '?" ~ '-" -if> 'a ~ ~ ~ ~ ~ RECKITT BENCKISER INC VS GENCO ETAL 030501B22 A StatuS/Trial Scheduling Conference is hereby scheduled on Se~tember OB, 2003, at 02:00 P.M, in CITY HALL COURTROOM 602, Ph~ladelphia, PA 19107. ALL PARTIES ARE DISCUSS THEIR CASE, CONTINUANCES WILL BE DIRECTED AS WELL GRANTED, TO AS APPEAR AND BE ALL SCHEDULING PREPARED ISSUES, TO NO In the event a party is unable to appear, a representative may appear. Failure to appear will imposition of a Rule Returnable Hearing whereupon be imposed, knowledgeable result in the sanctions may Questions concerning the above may be directed to Mary McGovern, Deputy Manager, Complex Litigation Center, in writing via facsimile (215) 6B6-5137. BY THE COURT: NORMAN ACKERMAN, J, COORDINATING JUDGE ..~~ ~ a; .a: ... :x: .... c:> o f.'l '" '" ... .a: t;:.c z...c ~~a::.cCl l.LIo'Cii"'~ a:Z "" C1~liu.l3= Ct-W.-la:: cCOCDI:tIO t-:z2:c:C'" '%o~ffio ~w;Z::;:.t- ~~:c~~ tl:===~~: :::1lJ,J(/)I-'OE un-cO:;:l ~~:z:z. OO~ o ,_.,,,,,-.'0'. ~'~.~_., ;',;1 .. .... '" o 0- .,; :> ~ j-. ~~EIVEr ...............~G 1 9 20 CIVIL AD.'.1INISTR. <( ~ :::. >- <J) z z ~ Q 0. ';( '(5cncc l-<(tci; ~~z 0::0..- t- l-Z~ ~ U)o~...JC\ O~-1<i: ~ ~:;:X: 0-. 080~~ 6u..u.o~ :JOOlD....J .,l-uJ~~ I-a:S2~..:( ({,):Ju..O....l ccou..o:E u:ooa::a... 01' o ('l ('l 01' j") .. o ~~ o r- ... '; > 'Trial bate: ;f-/~ Settlement Conference: 7'-4.5 1/ INTHE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA " ' ~9:: ~~Sl~ ~ Term /.1 , ;;t2 No. I f ~c:< AND NOW, this CREED as follows: y day of > 2rdi. it is hereby ORDERED and DE- 1. Development of Joint Statement of Uncontested aDd Contested Fads, a. Plaintiff's P-fopofef! Findings of Fac.t, Conclusions of Law and Legal Issues for Trial. By <::1- / ~ . plaintiff shall provide the Court with a narrative statement listing all relevant conclusions of law based upon his or her proposed fmdings of fact and any and all legal issues presented thereto, 3-/ c::{ . defendant shall b. Defendant's Response and Proposed Facts. By provide the Court a Statement: i. indicating the extent to which defendant contests and does not contest the plaintiff's proposed facts; ii. listing all additional facts proposed to be proved by defendant at trial in opposition to, or in special defense of, the plaintiff's claim(s) as to liability and damage. Hi. listing all facts proposed to be proved by defendant at trial in support of any counterclaim(s), and/or third party claim(s) if such elaims exist; iv. listing any and all conclusions of law which arise from all contested and uncontested facts as proposed by the plaintiff; and, v. listing for the Court all legal issues presented based upon proposed facts and conclusions oflaw. 01-112CA.y, 6102)(1) OOCKE1ED COMPLEX LI'T CENTER S~p 1 0 2003 L RYANT-DAVIS c, Statement of Uncontested Facts. By c/ ./ / c:z , the same date as that listed in paragraph la of this Order, the parties shall submit ajoint statement of uncontested facts. This statement is separate and distinct from any other submitted. As such, agreement or disagreement, which terms are defined below, with any proposed fact by a defendant does not obviate the requirements of this paragraph. 2. Identification of Witnesses and Exhibits. a. Plaintiff's Witnesses, By cfl ,1 d-. , plaintiff shall provide the Court with a list of all possible witnesses, including a brief narrative of each respective witness' ex- pected testimony. b. Plaintiff's Exhibits. By c;1./ /;1 , plaintiff shall provide the Court with a list of all possible exhibits which he or she may use during the course of trial. c. Defendant's Witnesses. By _3 ./ ~ > defendant shall provide the Court with a list of all possible witnesses, including a brief narrative of each respective witness' expected testimony. 3, leA d. Defendant's Exhibits, By , defendant shall provide the Court with a list of all possible exhibits which he or she may use during the course of trial. 3. Definitions. a. Narration of Proposed Facts, In stating facts proposed to be proved, counsel shall do so in simple, declarative, self-contained, consecutively numbered sentences. In a case with mul- tiple parties, if a fact is to be offered against fewer than all parties, counsel shall indicate the parties against which the fact will (or will not) be offered, (The facts to be set forth include not only ultimate facts, but also all subsidiary and supporting facts except those offered solely for impeachment purposes.) b. Agreement and Disagreement. Defense counsel shall indicate that he or she does not contest a proposed fact if at trial they will not controvert or dispute that fact. In indicating disagree- ment with a proposed fact, defense counsel shall so set forth those disagreement(s) as ex- plained above. c. Objections, Objections to the admissibility of a proposed fact (either as irrelevant or on other grounds) may not be used to avoid indicating whether or not the party contests the truth of that fact. (Counsel shall, however, indicate any objections, both to the facts which they contest and those which they do not contest.) d. Individual PositioTlS, To the extent feasible, counsel with similar interests are expected to coordinate their efforts and express a joint position with respect to the facts they propose to prove and to the facts other parties propose to prove. Subject to the time limits above, each party may, however, list additional proposed facts to cover position unique to it. 01-112(Flev.6/02)(2) 4. Annotations. For each proposed fact, the parties shall, at the time of proposing to prove the fact, list the witnesses (including expert witnesses), documents, and (with line-by-Iine references) any depo- sitions and answers to interrogatories or requests for admissions that they will offer to prove the fact. In his or her response, defense counsel shall, if he or she objects to any such proposed fact or posed proof, state precisely the grounds of their objections and, if they will contest the accu- racy of the proposed fact, similarly list the witnesses, documents, depositions, interrogatories, or admissions that they will offer to controvert that fact. Except for good cause shown, a party will be precluded at trial from offering any evidence on the fact not so disclosed and from making any objections no so disclosed. S. Effect. Preclusion a/Other Facts, Except for good cause shown, parties shall be precluded at trial from offering proof of any fact not disclosed in their listing of proposed facts (except purely for impeachment purposes). 6. Sanctions. Unjustified refusal to admit a proposed fact or to limit the extent of disagreement with a pro- posed fact shall be subject to sanctions. Excessive listing of proposed facts (or of the evidence to be submitted in support of or denial of such facts) which imposes obvious burdens on oppos- ing parties shall also be subject to sanctions, Dated: ~f 20 tf J .- BYTHE T. ~ ~ Honorable Norman Ackerman Coordinating Judge 01-112 (Aev. 6102) (3) Re: v. (CP No.) List of Trial Counsel Counsel for: (NameD/Party) Name Firm Name Address Phone Number Counsel for: (Name 0/ Party) Name Firm Name Address Phone Number Counsel for: (Name afParty) Name Firm Name Address 01-112 (Rev. S1021 (4) W AGENFELD LEVINE By: Nancy J. Leddy Attorney J.D. No.: 44329 Two Penn Center Pluza, Suite 1120 1500 John F. Kennedy Boulevurd Philadelphia, PAl 9102 (2 I 5) 988-9090 RECKITT BENCKISER, INC. Attorney for Plaintiff COURT OF COMMON PLEAS PHILADELPHIA COUNTY v. GENCO, GENCO DISTRIBUTION SYSTEM CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INC., ONE BEACON INSURANCE COMPANY AND ONE BEACON INSURANCE GROUP MAY TERM, 2003 NO. 001822 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appeuranee on behalf of Plaintiff in the above captioned matter. LAW OFFICES OF JOHN A, GUNHEIM TO THE PROTHONOTARY: NANCY J. LED , ESQUIRE Attorney for Plainti::>I.'nFILl2D ". r;'~or,.,'y ENTRY OF APPEARANCE ' t(J I ? 2004 FI, SIIJOCK Kindly enter my IIppeuranee on behalf of Plaintiff in the above captioned matter. DATED: OctoberI- \ ,2003 WAGENFELD LEVINE ~ NANCY 1. LEDDUSQUlRE Attorney for Plaintiff ~.- . -:" .... .' .\.~') . RA WLE & HENDERSON By: Fred B. Buck, Esquire Identification No.: #31642 The Widener Building One South Penn Square Philadelphia, PA 19107 (2 I 5) 575-4200 RECKITT BENCKISER, INC. FILED : PRO PROTHv: v. JAN 3 () 20~4 GENCO, GENCO DISTRffiUTfUSNOCK : SYSTEM, CUMBERLAND VALLEY DISTRffiUTION SERVICES, INe., ONEBEACON INSURANCE COMPANY and ONEBEACON INSURANCE GROUP ~(d(rdU~-r ,.L. ..;,-, LGUtl JAN 29 PI\ 4: 3b _'1' 'J 0'" C" .\,.r,o \ " j i.' I Attorneys for Defendant, OneBeaeon Insurance Company and OneBeaeon Insurance Group COURT OF COMMON PLEAS PHILADELPHIA COUNTY MAY TERM, 2003 NO. 001822 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendants, OneBeaeon Insuranee Company and OneBeaeon Insurance Group, only, in the above-captioned action. 926734 v.I :~NDR~~~~ 4r;i B. Buck, EsqU1r~ 1ii ~: :: ,,;, ':1 ;:, Attorneys for Defenda'll.t~ ". :: ... t5 ;:; OneBeacon Insurancet~ehian~~:~ ~):~ ~;]~ and OneBeaeon Insur'!/;1ee ~routl; t~ d .".. T. [.J ",,-, :..:.. _"-:- .,., r'.._1 ,"-I , r..,:' CJ "" f. i-.J :~ f'..l" '.....:; C) !...." Cl (', < '" " ~~: ,'[I " C', :l.: j;S ~:::; .::is- -'1 co ..b ~~. . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing entry of appearance was served upon the following parties by first class mail: John C. Swartz, Jr., Esquire Wagenfeld Levin Two Penn Center Pluza, Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 RA WLE & HENDERSON LLP ~ / By: >J2 e /fA ~d B. Buck, Esq;ire Attorneys for Defendants, OneBeaeon Insurance Company and OneBeaeon Insurance Group 926734 v.l I:\' nu~ COURT OF COMMON PLEAS OF PHlLADELPHI.\ COUNTY FIRST JUDICIAL DISTRICT OF PENNSYL VA;\L\ ~~s~ ~dd- TRIAL Df\fSrO..... CrVrL tf;~ TER.\!. dtW3 NO /fcJ.~ R ORDER AND NOW, this JO-tl: dayof ~ ,2004,itishereby ORDERED h R I R bl" d" f:'1 I' h h P T ',,1 COPIES SEN'I t at a u e etuma e IS Issue Lor al ure to comp Y Wit t e re- \'ItmSIJPNTT(1 "0 Rep. 236(bl H:.H 2 3 2004 Order as set forth below: ........- FirSI..lI..11JIClaJ U~U;jCl of Pa V -Plaintiffs failure to comply with the Pre-Trial Order. User I.D,:..); <" ~. Counsel's failure to submit a Statement of Uncontested Facts. Defendant's failure to comply with the Pre-Trial Order. ,/ Plaintiff'fJ.6K....h..t failure to submit a list of witnesses and exhibits. Rule Returnable the 3 9:D.-- day of i\\lAr'uh.. , 2004, at '\>V\ lD:DO' in Courtroom M4 City Hall, Philadelphia, PA. ALL PARTIES MUST APPEAR. " Failure to appear will result in the imposition of appropriate sanctions as outlined in the Pre, Trial Order. O;.j;j(.:'.::~Nl~r\ , ,~,.J_ COM?L.:;" .' FE.E 2. ~ 1\J\Jt..- _-,"~Ri J c. 4~' \ .....1\-- ~COURT: . ~ / .JV-- C'~~ r---' NORMAN ACKERMAN, Coo~dinating Judge Complex Litigation Center POST & SCHELL, p,c. BY: ALLAN C. MOLOTSKY, ESQ. I.D. NO.: 28923 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 RECKITT BENCKISER, INe. Plaintiff, v. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INC., ONEBEACON INSURANCECOMPANY,ONEBEACON INSURANCE GROUP Defendant. ATTORNEYS FOR DEFENDANT, GENCO I, INe. "IAD PRO PROTHV liAR 0 4 2004 COURT OF COMMON PLEAS. GRAHAM PHILADELPHIA COUNTY MAY TERM, 2003 NO: NO.: 001822 rI~ ..... ~,j = lTl = V> J:" -u ::l!: lTl - Xl :<>>0 ~ 0 = .... fT'l -u I CJ N Xl .." 0 -0 0 .... =s: ^' ::l: :::0 -< ca ' , (J1 ""'~- \D ENTRY OF APPEARANCE Kindly enter my appearance on behalf of defendant, GENCO I, Inc., in the above- captioned matter. RespeetfuJly submitted, POST & SCHELL, P.C. 'J (:'-, :::r;' .,.! C'; .-', '::' ~~:. ;,,:. "i ;'-:,': _", >.,-. ~1:' ':'.: "', ,'d -.., ;'.(.' (") ""; , ",' c-'" _~t.-. P" ,.c ""-r ~~ ;.::e. ~:"l ,- ;;;:: ~":i ., !.::": :::' GJ ?{' ':::.\ ,~H ~I>. /~~ C', ." ~,::: ,+> ,....1 "''', ;::{ ::} ~:; ::J "'; ,..~ -<) ...-l ,"0 ....1 ,_.. .. ; ~ '."J-. ;;:'; c' ~:::; :j', i~ . ~.;) 1!.. ALLAN C. MOLOTSKY, ESQ. ,:1 r'-.) , ': ~:"-{ ,_.c "-") ~;',~ '2 POST & SCHELL, P.e. BY: ALLAN C. MOLOTSKY, ESQ. I.D. NO.: 28923 13TH FLOOR ~<;,.Q :<.y..-{ FOUR PENN CENTER ~'\:?'?p ~ll.. 1600 JOHN F KENNEDY BL V~O ~ 1.\l ~ PHILADELPHIA, PA 19103 ~~~ '\ <.o~<?' 215-587-1000 Y)'r~ ~. RECKITT BENCKISER, INC. Plaintiff, v. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND V ALLEY DISTRIBUTION SERVICES CO., INC., ONEBEACON INSURANCECOMPANY,ONEBEACON INSURANCE GROUP Defendant. ATTORNEYS FOR DEFENDANT, GENCO I, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY MAY TERM, 2003 NO: NO.: 001822 ~ rL ~ ~~ ~ ;r. -0 ~, -\ ;;j ?::J rrt o \ d -0 <.f\ ""I, __-:) 0 '0 "'C" "oJ =- ...-\ ~ -.-:::, -;1:. ::;:::. .L. .. c:- cS' STIPULATION TO AMEND COMPLAINT AND NOW, this :3 ~~ day of M It rc.J.. ,2004, all parties agree, by and through their counsel that plaintiff may amend its complaint to delete GENCO, GENCO Distribution System, and Cumberland Valley Distribution Serviees Co., Inc., and substitute the name of GENCO I, Inc. ~W~ESQ ,/W ~ )-1.vE;::: ~LLAN c. MOLO~;'~SQ. '?:J2, rf tf~ ~D BUCK, ESQ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RECKlTT BENCKlSER, INC., CIVIL DIVISION Plaintiff, No. 2004-1534 VS. GENCO I, INC., ONE BEACON INSURANCE COMPANY and ONE BEACON INSURANCE GROUP, PRAECIPE FOR APPEARANCE Defendants, Filed on Behalf of: Defendant, GENCO I, INC. Counsel ofR<eeord for This Party: Stacey F. Vernallis, Esquire Pa. J.D. #43659 Dana L. Baesi, Esquire Pa. J.D. #80323 GOEHRING, RUTTER & BOEHM 1424 Frick Building 437 Grant Str<eet Pittsburgh, PAl 52 I 9 (412) 281-0587 IN THE COURT OF COMMON PLEAS OF CUMBERLA:t\U COUNTY, PENNSYLVANIA RECKITT BENCKISER, INC., Plaintiff, vs. GENCO I, INC., ONE BEACON INSURANCE COMPANY und ONE BEACON INSURANCE GROUP, Defendunts. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION No.: 2004-1534 PRAECIPE FOR APPEARAN.cE TO: Curtis R. Long, Prothonotury Kindly enter the appearunee of Stlleey F. Vernallis, Esquire und Duna 1. Bucsi, Esquire of Goehring, Rutter & Boehm to serve lIS counsel on behlllf of Defendunt, GENCO I, Inc., in the above captioned action. Date: May 5' , 2004 By: Respectfully Submitted, GOEHRING, RUTTER & BOEHM e~!L~ Pa. I.D. #43659 Duna 1. Baesi, Esquire Pa. I.D, #80323 1424 Frick Building 437 Grunt Street Pittsburgh, PA 15219 (412) 281-0587 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true und correct copy of the within PRAECIPE OF APPEARANCE has been served by U.S. first-class mail', postage prepllid, this 5~ day of May, 2004, upon the following: Tom Ollason, Esquire Two Penn Center Plaza, Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Plaintiff Frederick B. Buck, Esquire Rawle & Henderson 43 I 7 The Widner Building Philadelphia, PA 19107 Attorney for One Beacon and One Beacon Insurance Company ~p A (j rJtJ/ ~la L. Baesi, squire (') C ;p. -C(<-i rTl" 2;~_i . .~':, 1, c/l ,)-. -,-" - ~~ "'";-7( , ::;:-:"7'("') ..P-C'.- ~ r--> ""'" = .r:- :x > -< I -J o -n :I':Il f11r -om 96 -I..,. ::r:.,.j C)_. :;7(") 6rn ~ :n -< "T) :J.- r:-:> U1 -l'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECKITT BENCKISER, INC., CIVIL DIVISION Plaintiff, No. 2004-1534 vs. GENCO I, INC., ONE BEACON INSURANCE COMPANY and ONE BEACON INSURANCE GROUP, WITHDRAWAL OF APPEARANCE Defendants, Filed on Behalf of: Defendant, GENCO I, INC. Counsel ofR'~eord for This Party: Allan C. Molotsky, Esquire Pa. I.D. #28923 POST & SCHELL, P.C. 13th Floor, Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 587-1000 POST & SCHELL, P.C. BY: ALLAN C. MOLOTSKY, ESQ. I.D. NO.: 28923 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 RECKITT BENCKISER, INC. Plaintiff, v. ATTORNEYS FOR DEFENDANT, GENCO 1, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY GENCO, GENCO DISTRIBUTION SYSTEM, NO: 04-1534 CUMBERLAND V ALLEY DISTRIBUTION SERVICES CO., INC., ONEBEACON INSURANCECOMPANY,ONEBEACON INSURANCE GROUP Defendant. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as counsel for defend~mt, GENCO I, Inc., in the above- captioned matter, DATE: April 30, 2004 POST & SCHELL, p,c. ~{ C_J~ ALLAN c.. MOLOTSKY, ES . ATTORNEY FOR DEFENDANT, GENCO I, INC. C) C' ;z"; --c."J"'''>.. ~_::; i : ; " L ~~l.; ~~> :t~i'~,:! :2 =~ "-> = = .J:- :JJ:: """ -< I -.J ~ -l :J: nl:D r- :pm d? '_'j( ) sj~ ('"~rn .::j 11 -< -0 :J:.: r;:> U1 &"' W AGENFELD LEVINE BY: Christopher Urbun, Esquire J.D. NO. 81981 Two Penn Center Plaza - Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 Attorney for Plaintiff RECKITT BENCKISER, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND VALLEY DISTRIBUTION SERVICES CO" INC., ONE BEACON INSURANCE COMPANY, AND ONE BEACON INSURANCE GROUP NO, 04-1534 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearunee on behalf of plaintiff, Reekitt Benekiser, Inc. BY JO~' ~",re ~. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearunce on behalf of plaintiff, Reekitt Benekiser, Inc. BY: RA WLE & HENDERSON By: Fred B. Buek, Esquire Identification No.: #31642 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, OneBeacon Insurance Company and OneBeaeon Insurance Group RECKITT BENCKISER, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY v. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND VALLEY DISTRIBUTION SERVICES, INC., ONEBEACON INSURANCE COMPANY and ONEBEACON INSURANCE GROUP NO. 04-1534 ONEBEACON INSURANCE COMPANY AND ONEBEACON INSURANCE GROUP'S ANSWER WlTlII NEW MATTER I. Admitted on information and belief. 2. Admitted on information and belief. 3. Admitted on infonnation and belief. 4. Admitted on information and belief. 5. Admitted that OneBeaeon Insurance Company is an insurance company. Denied that OneBeaeon Insurance Company currently has a place of business at 436 Walnut Street, Philadelphia, Pa. ] 9106. 6. Admitted that OneBeaeon Insurance Group is a group of insurance companies. Denied that OneBeaeon Insurance Group currently has a place of business at 436 Walnut Street in Philadelphia, Pa. 7. Admitted only that General Accident Insurance Company, a predecessor to OneBeaeon Insurance issued Commercial General Liability Policy No. PLP 0432721-02 to 9448\8 v.l Cumberland Distribution Services for the policy period April 1 , 1998 through April 1 , 1999 and that the policy was amended by an additional insured endorsement with respeet to "owners, lessees, or contractors" to include as an additional insured Reekitt & Colman. The remaining allegations in this paragraph ofthe plaintiffs complaint are conclusions oflaw to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 8. Admitted on information and belief. 9. Denied. The allegations in this paragraph ofthe plaintiffs complaint are a characterization of the terms ofthe contract which, being a written doeument, speaks for itself. 10. Denied. The allegations in this paragraph of the plaintiffs complaint are a characterization of the terms of the contract which, being a written doeument, speaks for itself and are moreover a eonclusion of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. I I. Denied as stated. It is admitted only that Gem:ral Accident Insurance Company, a predecessor to OneBeaeon Insurance issued Commercial General Liability Policy No. PLP 043272 I -02 to Cumberland Distribution Services for the policy period April I, 1998 through April I, 1999 and that the policy was amended by an additional insured endorsement with respect to "owners, lessees, or eontraetors" to include as an additional insured Reckitt & Colman. The remaining allegations in this paragraph of the plaintiffs complaint are conclusions of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 12. Admitted. 13. Denied as stated. It is admitted only that One:Beaeon Insurance has advised the plaintiff that any coverage under the terms and conditions of its commercial general liability insurance policy is excess to those coverages provided by Reekitt Benekiser's liability insuranee 944818 v.1 2 carrier, Kemper Insurance Group, and that under the clear and unambiguous terms of the commercial general liability insuranee poliey OneBeaeon is under no duty to defend plaintiff in the underlying aetion. COUNT I 14. The answering defendants incorporate by reference the responses contained in paragraphs one through thirteen of their answer as though more fully set forth at length. 15. The allegations in these paragraphs of the plaintiffs eomplaint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations constitute conclusions oflaw to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 16. The allegations in these paragraphs ofthe plaintiffs complaint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations constitute conclusions of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 17. The allegations in these paragraphs of the plaintiffs eomp1aint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations constitute conclusions oflaw to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 18. The allegations in these paragraphs ofthe plaintiffs complaint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations constitute conclusions oflaw to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 944818 v.I 3 19. The allegations in these paragraphs ofthe plaintiffs eomplaint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations constitute conclusions of law to which no affirmative response is required under the Pennsylvania Rules of Civil Proeedure. 20. The allegations in these paragraphs of the plaintiffs complaint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations eonstitute conclusions of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 21. The allegations in these paragraphs of the plaintiffs complaint pertain to parties other fhan the answering defendants and no response is, there~Dre, required. Moreover, these allegations constitute conclusions of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 22. The allegations in these paragraphs of the plaintiffs complaint pertain to parties other than the answering defendants and no response is, therefore, required. Moreover, these allegations constitute conclusions of law to which no affirmatilve response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, OneBeaeon Insuranee Company and OneBeaeon Insurance Group demand judgment in their favor and against the plaintiffs. COUNT II 23. The answering defendants incorporate by reference the responses contained in paragraphs one through twenty-two of their answer as though more fully set forth at length. 944818 v.I 4 24. The allegations contained in this paragraph of the plaintiffs complaint are a conclusion of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 25. The allegations eontained in this paragraph ofthe plaintiffs complaint are a conclusion of law to which no affimlative response is required under the Pennsylvania Rules of Civil Procedure. 26. The allegations contained in this paragraph of the plaintiffs complaint are a eonclusion of law to whieh no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 27. Admitted. 28. Denied as stated. It is admitted only that OneBeaeon Insurance has advised the plaintiff that any coverage under the terms and conditions of its commercial general liability insurance policy are excess to those coverages provided by Reekitt Benekiser's liability insurance carrier, Kemper Insurance Group, and that under the clear and unambiguous terms of the eommereial general liability insuranee poliey OneBeaeon is under no duty to defend plaintiff in the underlying case. 29. The allegations contained in this paragraph of the plaintiffs complaint are a conclusion of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 30. The allegations contained in this paragraph of the plaintiffs complaint are a conclusion of law to which no affirmative response is required under the Pennsylvania Rules of Civil Procedure. 944818 v.I 5 WHEREFORE, OneBeaeon Insurance Company and OneBeaeon Insurance Group demand judgment in their favor and against the plaintiffs. NEW MATTER 3 I. OneBeaeon Insurance issued Commercial General Liability Policy No. PLP 043272 I -02 to Cumberland Distribution Services for the policy period April I, 1998 through April 1, 1999. A true and correct copy of the insuranee poliey is appended hereto as Exhibit "A." 32. Section II ofthe policy was amended by an additional insured endorsement with respect to "owners, lessees, or contractors" to include as an insured Reekitt & Colman which, upon information and belief is a predecessor to Reekitt Benekiser, Inc. A true and eorreet copy ofthe additional insured endorsement is appended hereto as Exhibit "B." 33. The additional insured endorsement provides that Reekitt Benekiser is only an insured with respect to operations arising out of Cumberland Distribution Serviees warehousing operations at the warehouse which is subject of the Operating Agreement appended to the plaintiff's complaint as Exhibit "C." 34. Section IV subseetion4(b) of the policy provides as follows: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a, Primary Insurance This insurance is primary except when b, below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c, below. 944818 v.I 6 b, Excess Insurance This insurance is excess over any ofthe other insuranee, whether primary, exef:SS, eontingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar eoverage for "your work"; (2) That is Fire Insurance for pmmises rented to you or temporarily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watereraft to the extent not subject to Exclusion g, of Coverage A (Seetion 1). 35. The other insurance clause also provides that when its policy is excess, OneBeaeon "will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." Ifno other insurer defends, we will undertake to do so, but we will be entitled to the insun:d's rights against all those other insurers. " 36. Kemper Insurance Group has defended the plaintiff in the underlying case. 37. On information and belief, Reekitt Benekiser has "other valid and collectible insurance" in the form of a comprehensive general liability insurance policy issued by Kemper Insurance Group and in the form of a commercial automobile Iliability insurance policy issued to the transport company. 38. Under the clear and unambiguous terms of the commercial general liability insurance policy, OneBeaeon Insurance's policy coverages arf: excess to those of Kemper and OneBeaeon has no duty to defend plaintiff in the underlying case. 944818 v.l 7 WHEREFORE, OneBeaeon Insurance Company and OneBeaeon Insurance Group demand judgment in their favor and against the plaintiff. RA WLE &. HENDERSON LLP By:2-12. B. f1L Fnld B. Buck, Esquire AUorneys for Defendants, OneBeaeon Insurance Company and OneBeaeon Insurance Group 944818 v,l 8 .Lse/i/~ VERIFICA nON , does hereby verify that she is employed by OneBeaeon Insmanee as ~,..".y, ~flI(W<lnd in that eapaeity is duly authorized to take this verification on the company's behalf. She verifies that she has reviewed the responses eontained in the accompanying answer with new matter and finds them to be true and correct to the best of her knowledge, information and belief. This verification is taken 1:0 the penalties contained in 18 Pa. Cons. Stat. Ann. 94904 relating to unswof'l1 falsification to authorities. ~~ DATED: 1/7/u)- 997510 v.I CERTIFICATE OF SERVICE I hereby eertify that a true and correct copy of the foregoing answer with new matter served upon the following parties by first class mail: Christopher J. Urban, Esquire Wagenfeld Levin Two Penn Center Plaza, Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Stacey Vernalis, Esquire Goehring Rutter & Boehm 437 Grant Street 1424 Frick Building Pittsburgh, PA 15219 RA WLE & HENDERSON LLP By:~JL {f- tfAJ Fred B. Buck, Esquire Attorneys for Defendants, OneBeaeon Insurance Company and OneBeaeon Insurance Group 944818 v.l ? !" 0 .. B - .~! ..., j S0iJZ 'c , , (~~; ir. '"'", :,):11. :;....-' eX(\\ Ge\\ . (\\ l"\eXC \ " coXi'~. \,O\\C J . '" \ \. \ t'i 01 ~(\\e\\C" '\ '3. \.J o~\?O"~ \..-.. ce C , ,,\\0(\ \"SI.1(3<' ~SSoC\\ ",?a\\~ . OC\\l ai\Ce e (0 e"'\ ~CCI I'"l'" \\\SI.1; I\\Sl.1lo.\\eoi 1\1\<,010 Ge<' C3<"c\e\\ Ge<,e\? o(\\?""~ ,\'Ie ,,\~?\\\3 .,<,ee C (\\?,,<,~ oe<,<,Sl \<,SI.1(', e co ~ X"\3C .anC '?ol.o'" \<,SI.1'\ (\\aC ,?0\0 -' , ~ ~ c G~neral Accident lnsurance Comnlercial General Liabi I ity Pol icy General Accident Insurance Company of America The Camden Fire Insurance Association Pennsylvania General Insurance Compan\' Potomac Insurance Company of Illinois Potomac Insurance Company (j) Sedgwick Sedgwick of Pennsylvania, Inc. PO Box 1675, Harrisburg, Pennsylvania 17105 Telephone 717 234-3333. Facsimile 717 234-1400 August 7, 1997 Mr. Riek Roadarmel Cumberland Distribution Services Co., Inc. 5023 East Trind1e Road Meehanicsburg, PAl 7055 Re: ERISA Bond #57 BY 100882520 Bond Term: 04/01/1997 - 04/01/2000 Dear Rick: In accordance with our recent telephone conversation, we enclose herewith an endorsement to the captioned bond adding Cumberland Distribution Services Co., Inc. employee benefit plan, Please make this endorsement part of your bond file. During our recent telephone conversation we had agreed to increase the bond limit from $150,000 to $200,000. An increase in the bond will not be necessary at this time, since when the bond was last renewed we did request the underwriters attach the "inflation guard" endorsement which automatically increases the bond to eomply with ERISA standards during the term of the bond, As of the April 1998 anniversary date, we will review the bond requirement and request the appropriate increase in limit at that time. Please call with any questions. V cry kind regards, d ard P. Case, Jr. '>enior Vice President PClkiz lclosure Insurance 8rOlQng R,sk Services Employee Benelits POLICY NUMBER: INSURED: 57 BY 100882520 BCA CUMBERLAND DISTRIBUTION SERVICES CO., PROFIT SHARING PLAN ET AL INC. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY Date of Issue: 04/01/94 Effective Date of Change: 07/15/97 A. SCHEDULE* 1. The Name of Insured is Changed to: X 2. The following Insured(s) is added to the Named Insured: CUMBERLAND DISTRIBUTION SERVICES COMPANY, INC. EMPLOYEE BENEFIT PLAN 3. The following Insured(s) is deleted from the Named Insured: 4. The Mail ing Address is changed to: 5, The Policy Period is ehanged to: 6, The Limit of Insurance is changed to: Coverage Form Limit of Insurance Blanket Section 1 7. The Deductible Amount is changed to: Coverage Form Limit of Insuranee Blanket Section 1 Section 2 Section 2 8. The following Coverage Form(s) or Endorsement(s) is added: 9, The following Coverage Form (s) or Endorsement(s) is deleted B. PROVISIONS 1. The Declarations Form is amended as shown in the SCHEDULE. 2. Application of changes affected by the Change Endorsement: a. Addition of a Deductible or Increase in Deductible Amount: This change applies to loss or damage resulting from acts committed or events occurring at any time, whether before or after Effective Date of Change b. Deletion or Restriction (other than in a.above) of any Coverage or Decrease in any Limit of Insurance: This applies to loss or damage resulting from acts committed or events occurring: l)On or after the Effective Date of Change and also 2)Before the Effective Date of Change if discovered after one year c, All Changes Other Than in a. and b. Above: This change applies to loss or damage resulting from acts committed or events occurring on or after the Effective Date of Change 3, No Limit of Insurance during any period will be cumulative with any other amount applicable to the same coverage during any other period. Accepted: 'Information required to complete this SCHEDULE, if not shown on this endorsement, will be shown in the Declarations. Potomac 'Insurance Company of Illinois THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, POLICY ENDORSEMENT FORM Endorsement Number 5 POLICY NUMBER ENDORSEMENT EFFECTIVE' 09(08/1998 COMPANY PLP 0432721-02 Potomac Insurance Company of Illinois NAMED INSURED Cumberland Distribution Services Co., Inc. etal See G53S3 5023 East Trindle Road Cumberland Co. Mechanicsburg, PA 17055 COVERAGE PARTS AFFECTED AUTHORIZED REPRESENTATIVE SE,dgwick of Pennsylvania,loe. 427641 303 Walnut St., 5th Floor P.O. Box 1675 Harrisburg, PA 17105 Commercial General Liability This endorsement is subject to all the agreements, conditions and exclusions ot the policy, The policy is amended as indicated below. In consideration of a return premium of $1,069,00, it is agreed that the policy is amended as follows: At Loc,#7 221 S, Tenth St" Lemoyne, PA the square footage is decreased from 950,000 to 490,000. CoreStates Bank is deleted as Additional Insured, LOC,#21 7125 Grayson Rd" Harrisburg, ~~ is added to the policy, Code 68702 - warehouses; territory 10; 50,000 square feet; rate 4,637 D,D, Jones Transfer & Warehouse Co, is added as Additional Insured - see CG 20 11 attached, Pro-rata factor = ,562, Revised annual premium is $13,559,00, .Unless otherwise stated effective from 12:01am Standard Time at your mailing address Date and Place of Issue: 03/18/1999 CAMP Hltt Authorized Representative Signature G-5353 (02-92} Inc., Includes copyrighted material of ISO Commercial Risk Services, with its permission: Copyright, ISO Commercial Risk Services, Inc., ORIGINAL Page ~ of 1 1983 Potomac In"surance Company of Illinois COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy No. PLP 0432721-02 Effective Date: 09/08/1998 12:01 A.M., Standard Time LIMITS OF INSURANCE General Aggregate Limit (Other Than Products-Completed Operations) $ 2,000,000 Products-Completed Operations Aggregate Limit $ 1,000,000 Personal and Advertising fnjury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Fire Damage Limit $ 50,000 Any One Fire Medical Expense Limit $ 5,000 Any One Person BUSINESS DESCRIPTION AND tOCATION OF PREMfSES Form of Business: Corporation Business Description: Warehousing and Packaging location of All Premises You Own, Rent or Occupy: -. 1 4501 Westport Drive, Mechanicsburg, Lower Allen Twp., Cumberland Co., PA 17055 PREMIUM Rate Advance Premium Premium Basis. ProduGts I Products! Premises/ Completed Premises/ Completed location / Classification Code No. (per 1000 or unit) Operations Operations Operations Optratiom 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the policy LOC 1 Warehouses - 68702 600,000 4.637 $2,782.00 occupied by Area multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 Subtotal $2,782.00 FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: See Schedule of Forms and Endorsements, 079, attached. ORIGINAL Page.--!.of 12 THESE OECLARA TIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSUI~EO AND THE POLICY PERIOD. CL 150 (Ed. 11.85) Incllldu copyrirhtod mat.,~t of Insuranco S"v;cu OffiCI, Jnc., with its pumission. COP1ri(ht, IMurlneo Suvjcu Offieo, Int.., un, un COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 LOCATION OF PREMISES tocation of All Premises You Own, Rent or Occupy: 1 4501 Westport Drive, Meehanicsburg, Lower Allen Twp., Cumberland Co., PA 17055 2 4500 Westport Drive, Mechaniesburg, Lower Allen Twp., Cumberland Co., PA 17055 PREMfUM Rate Advance Premium Produ~tsl Products} Premium Basis. p . / Compl.t.d Premises/ Completel remise!. Location/Classification Code No, (per 1000 or unitl Operatiolr'lS Operations Operations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the poJiC\ LOC 1 Employee Benefits Liability TERR-010 LOC 2 Warehouses - manufacturing or private buildings or premises - occupiedby single interest (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 49950 160 Each 0.131 $548.00 68703 178,000 Area 2.844 $506.00 Subtotal $1,054.00 CL ISO (Ed. 11-85) Page 20f 12 Copyri(ht, Inturncl Suvicu OffjcI, Inc., un, 11&4 Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Location of All Premises You Own, Rent or Occupy: 3 5021-5023 E. Trindle Rd., Mechaniesburg, Hampden Twp., Cumberland Co" PA 17055 4 300 Horizon Drive, Suwanee, Gwinnett Co" GA 30174 PREMIUM Rate Advance Premium Products/ Products Premium Basis. Premis4lSJ Completed Premisesf Complet~ Location/Classification Code No. (per 1000 or unit) OpeTalil)"s Operations Operations Operatiol -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polie LOC 3 Buildings or Premises - office - Other than Not-For-Profit (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 4 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-003 61226 19,400 Area 41.017 $796.00 68702 290,000 Area 2.924 $848.00 Subtotal $1,644.00 CL 150 (Ed. 11,85) Page 30f 12 CoPyrilht. Insunnct S.rvicu Offic., tnc" 1083, 1984 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 5 1629 Willow St., Lebanon, Lebanon Co., PA 17042 6 52 Industrial Rd., Elizabethtown, W. Donegal Twp., Lancaster Co., PA 17022 PREMIUM Rate Advance Premium Products/ Products/ Premium Basis. Premises/ Completed Premises/ Complete Location/Classification Code No. 'per 1000 or unitl Operations Operations Operations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polie' LOC 5 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-012 LOC 6 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subjeet to the General Aggregate Limit.) See Section V, Definitions TERR-012 68702 118,000 Area 3.0S1 $360.00 68702 70,000 Area 3.05;1 $214.00 Subtotal $574.00 Cl150 (Ed. 11-85) 40f 12 COpY1iChl, Ins~rJnce Suvicn Offie., Inc., U83, 1184 Page COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 LOCATION OF PREMISES Location of All Premises V ou Own, Rent or Occupy: 7 221 S. Tenth S!., Lemoyne, Cumberland Co., PA 17043 8 32 Runway Rd., Bldg 3, Levittown, Bristol Twp., Bucks Co., PA 19057 PREMIUM Rate Advance Premium Produt.lsf Products Premium Basis. Premises/ Completed Premises/ Complet~ Location/Classification Code No, (per 1000 or unit) OperaticlOS Operations Operations OperaliGf 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic LOC 7 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limi!.) See Section V, Definitions TERR-010 LOC 8 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limi!.) See Section V, Definitions TERR-007 68702 490,000 Area 4.6,l7 $2,272.00 68702 100,000 Area 12.63:5 $1,264.00 Subtotal $3,536.00 CL 150 (Ed. 11,85) Sol 12 Copyrirhl, Insuranu Servitts Offici, Inc., un, UU Page Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Location of All Premises Vou Own, Rent or Occupy: 9 5 Pleasant View Dr., Mechaniesburg, Cumberland Co., PA 17055 10 100 Lincoln St., New Oxford, Adams Co., PA 17350 PREMIUM Rate Advance Premium Producls! Products Premium Basis. Premises/ Completed Premises/ Complet~ Location/Classification Code No. (per 1000 or unit) Operatic,"s Operations Operations Operatior *The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic LOC 9 Buildings or Premises - bank or office - mercantile or manufacturing (lessor's risk only) - Other than Not-Far-Profit (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 10 Warehouses - manufacturing or private buildings or premises - oeeupiedby single interest (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-012 61212 48,000 Area $576.00 11.m16 68703 130,000 Area 1.81:9 $236.00 Subtotal $8i2.00 CL 150 (Ed. 11-85) CQPyrit:ht, Insuran" Suvku OffiCi, Inc'l 1983, tun Page 60f 12 Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Location of All Premises You Own, Rent or Occupy: 11 2404 Old Gettysburg Rd., Camp Hill, Lower Allen Twp., Cumberland Co., PA 17110 12 405 Sterling Rd., Shiremanstown, Hampden Twp., Cumberland Co., PA 17011 PREMIUM Rate Advance Premium Produc.tsf Productsl Premium Basis* Premise~;/ Completed Premises/ Completel Location/Classification Code No, (per 1000 or unit) Operations Operations Operations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the poliCI LOC 11 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, DefinITions TERR-010 LOC 12 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Seetion V, Definitions TERR-OW 68702 52,000 Area $241. 00 4.63;7 68702 50,000 Area $232.00 4.637 Subtotat $473.00 CL 150 (Ed. t J.85) Copy(irhl, InSlJrinn Suyicu Offlc_, Inc., tgn, 1984 Page 701 12 -- Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Location of All Premises You Own, Rent or Occupy: 13 2410 Old Gettysburg Rd., Camp Hill, Lower Allen Twp., Cumberland Co., PA 17011 14 225 N. Sixteenth St., Lebanon, Lebanon Co., PA 17042 PREMIUM Rate Advance Premium Productsf Pcodudsl Premium Basis. Premises/ Completed Premises! Complete Location/Classification Code No. (per 1000 or unit) Operaticl"s Operations Operations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polie: LOC 13 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 14 Warehouses - occupied by multiple interests (lessor's risk only) (Including Produets and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-012 68702 4.6:17 $156.00 33,600 Area 68702 25,000 Area $76.00 3.051 Subtotal $232.00 CL 150 (Ed. 11-85) C'PY(l(ht, luuri/lcl Stryjcu officI, Ine:., H83, UU Page 80f 12 Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Location of All Premises You Own, Rent or Occupy: 15 3990 Paxton St., Harrisburg, Swatara Twp" Dauphin Co., PA 17111 16 9704 Roosevelt Avenue, Tolleson, Maricopa Co., AZ 85353 PREMIUM Rate Advance Premium Products! Products Premium Basis. PremiStis/ Completed Premises/ Compleh Location/Classification Code No. (per 1000 or unitj Operations Operations Operations Operatiol -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polie LOC 15 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Produets-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 16 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-004 68702 33,000 Area $153.00 4.6:37 68702 $1,112.00 300,000 Area 3.707 Subtotal $1,2.65.00 CL 1 SO (Ed. 11 '85) Copyrichl, In,uunel Ser~icts OffiCI, In(;" t083, UU Page 90f 12 Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Location of All Premises You Own, Rent or Occupy: 17 6111 Grayson Rd., Harrisburg, Swatara Twp., Daupbin Co., PI\- 17111 18 3407 N. Sixth St., Harrisburg, Dauphin Co., PA 17110 PREMIUM Rate Advance Premium Produdsf Produt.ls) Premium Basis. Premisu/ Completed Premises/ Complete, Location/Classification Code No, (per 1000 or unit) Operations Operations Operations Operation -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the policl LOC 17 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 18 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 68702 4.63;7 $223.00 48,000 Area 68702 48,000 Area 4.63? $223.00 Subtotal $446.00 CL 150 (Ed. 11-85) Copyricht, InsllunCl Suvku Offie., Int" 1983, U84 Page---.!.Q.of~ Policy Number PLP 0432721-02 tOCATION OF PREMISES COMMERCIJ\L GENERAL LIABILITY EXTENSION OF DECLARATIONS location of All Premises You Own, Rent or Occupy: 19 250 Horizon Drive, Suwanee, Gwinnett Co., GA 30174 20 370 Alexander Dr., Harrisburg, Dauphin Co., PA 17111 PREMIUM Rate Advance Premium Produ~ts/ Products Premium Basis. p / Completed Premises/ Complet4 remiSt!s Location/Classification Code No, 'per 1000 or unit) Operations Operations Operations Operatiol *The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic LOC 19 Warehouses - occupied by mu~iple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate limit.) See Section V, Definitions TERR-003 LOC 20 Warehouses - manufacturing or private buildings or premises - oceupiedby single interest (Iessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 68702 75,000 Area $219.00 2.9:~4 68703 1 02,000 Area $290.00 2.844 Subtotal $509.00 CL 150 (Ed. 11-85) COP1rilllt, In'Ufane. Suvic:u OfficI, Ino:., UU, U84 Page~of~ COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 21 7125 Grayson Rd., Harrisburg, Swatara Twp., Dauphin Co., PA 17111 PREMIUM Rate Advance Premium Pro<!uds/ Produdsj Premium Basis* Premises/ Completed Premises/ Complete Location/Classification Code No, (per 1000 or unit) Operatic>ns Operations Operations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic' LOC 21 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 68702 50,000 Area 4.6<17 $232.00 Subtotal Total Total Advance Premium $232.00 $13,559.00 $13,559.00 CL 150 (Ed. 11-85) Cop)'riChl, In!Uflnn S.,vjc.. Offici, Inc., 1983, UU Page 120f 12 . POLICY NUMBER: PLP 0432721-02 COMMERCIAt GENERAL LIABILITY CG 201101 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDUl.E Grayson Rd" Harrisburg, PA 17111 D.O. Jones Transfer & Warehouse Co. l~ttn: Mr. Robert W. Jones, Inc. 2626 Indian River Rd, Chesapeake, VA 23325 (If no entry appears above. the information required to complete this endorsement will be shown in the Dec- laratidns as applicable to this endorsement.) 1. Designation of Premises (Part Leased to You): 7125 2. Name of Person or Organization (Additional Insured): 3. Additional Premium: Included WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership. maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations. new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services .Qffice, Inc., 1994 Page 1 of 1 miTE General Accident Insurance Policy No. PLP 0432721-02 436 Walnut Strut Philadelphia, PA 19106-1109 PLP 0432721-02 Common Polie Declarations Named Insured and Mailing AddresS(N.., Strnt, Township, County, Town or City, Stat., Zip Code) Cumberland Distribution Services Co" Inc, etal See G5353 5023 East Trlndle Road Cumberland Co.' Mechanlcsburg, PA 17055 Issued by: Potomac Insurance Company of Illinois PLP 0432721-01 Renewal of Number Policy Period: From 04/01/1998 to 04/01/1999 at 12:01 A.M., Standard Time at your mailing address shown above Form of Business: Corporation Business Description: Warehousing and Packaging IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WtTH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOttOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial General Liability Coverage Part $14,505.00 udit Period: Not Applicable Premium shown is payable:$ TOTAt $14,505.00 2nd Anniversary at inception;$ Countersigned: 04/27/1998 427641 By Sedgwick James PA., Inc. 303 Walnut St., 5th Floor P.O. Box 1675 Harrisburg, PA 17105 ORIGINAL. THESE DECLARATIONS TOGETHER WITH THE COMMON POLlCY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND F AND ENDORSEMENTS. IF ANY, ISSUED TO FORM A PART THEREOF. COMPLETE THE ABOVE NUMBERED POLICY. IL 00 19 (11-85) Includn (.pyrirMed material ., Innnnct S.,vku OffiCi, IlIe" with ils pumiuion, CopyriChl, Insuranc. Services OffiCi, Inc., un, uu Branch Office: BONUS/50 STATE RATING SCHEDULE OF FOHMS AND ENDORSEMEINTS Policy Number PLP 0432721-02 Named Insured: Cumberland Distribution Services Co., Inc. etal Forms and endorsements made part of this policy at the time of issue: ILOO 19 ILOO 17 IL0021 IL 02 46 Il 02 58 IL 02 62 IL 0910 G-1804-A G-1881 G-5112 CL 150 CG 00 01 CG 00 54 CG 00 55 CG 20 10 CG2011 CG 20 18 CG 20 28 CG2147 CG 25 04 L-2661 L-2861 L-2926 L-2929 L-3350 11-85 11-85 11-94 9-96 7-89 9-94 1-81 6-96 6-96 9-90 11-85 1-96 3-97 3-97 10-93 1-96 11-85 11-85 10-93 3-97 1-83 11-88 7-91 2-95 4-97 079 (1-87) Page ~ of 1 Potomac Insurance Company of Illinois THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY ENDORSEMENT FORM Endorsement Number 0 POLICY NUMBER ENDORSEMENT EFFECTIVE" 04/01/1998 COMPANY PlP 0432721-02 Potomac Insurance Company of Illinois NAMED INSURED Cumberland Distribution Services Co., Inc. elal See G5353 5023 Easl Trindle Road Cumberland Co. Mechanicsburg, PA 17055 AUTHORIZED REPRESENTATIVE Sedgwick James of PA"lnc. 427641 303 Walnut SI., 5th Floor P.O. Box 1675 Harrisburg, PA 17105 COVERAGE PARTS AFFECTED All This endorsement is subject to all the agreements, conditions and exclusions of the policy. The policy is amended as indicated below. NAMED INSURED: Cumberland Distribution Services Co" Inc, Cumberland Valley Distribution Services Co" Inc, Cumberland Distribution Services of Georgia, Inc, Cumberland Packaging Services, Inc, Adams Trindle properties - A Partnership Cumberland Partners - westport, L,P, Cumberland & Conewago Partners, L.P. Cumberland Logistics, L,P. CDS - Bristol Associates Cumberland Distribution Services of Ariz;ona, Inc, Pleasant View Associates, L,P, Oxford Distribution Associates, L,P, .Unless otherwise stated effective from 12:01am Standard Time at your mailing address Date and Place of Issue: 04/24/1998 PHilADELPHIA Authorized Representative Signature G-5353 (02-92) Page ~ of 1 Ine" Includes copyrighted material of ISO Commercial Risk Services, with its permission: Copyright, ISO Commercial Risk Services, Inc., ORIGINAL 1983 Potomac Insurance Company of Illinois COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy No. PLP 0432721-02 Effective Date: 04/01/1998 12:01 A.M., Standard Time LIMITS OF INSURANCE General Aggregate Limit (Other Than Products-Completed Operations) $ 2,000,000 Products-Compfeted Operations Aggregate Limit $ 1,000,000 Personal and Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Fire Damage Limit $ 50,000 Any One Fire Medical Expense Limit $ 5,000 Any One Person BUSINESS DESCRIPTION AND tOCATION OF PREMISES Form of Business: Corporation Business Description: Warehousing and Packaging - Location of All Premises You Own, Rent or Occupy: 1 4501 Westport Drive, Mechanicsburg, Lower Allen Twp., Cumberland Co., PA 17055 PREMIUM Rate Adva nee Premium Premium Basis' Products / Product: Premises/ Completed Premises/ (omplet tocation / Classification Code No. (per 1000 or unit) Operation~i Operations Operations Operatio "The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic LOC 1 Warehouses - 68702 600,000 4.63? $2,782.00 occupied by Area multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 Subtotal $2,782.00 FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: See Schedule of Forms and Endorsements, 079, attached. ORIGINAL Page lot 9 THESE DECLARA nONS ARE PART OF THE POliCY OECLARA liONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Cl150 (Ed. 11-85) Indudu npyrirhltd mat.rial of tnsllnn's Suvlcu Offiu, Ine" with its ,.rminion. Copyrirhl, Insurante SIfViCIS OfficI, Inc., 1983, 1984 Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS tocation of All Premises You Own, Rent or Occupy: 1 4501 Westporl Drive, Mechanicsburg, Lower Allen Twp., Cumberland Co., PA 17055 2 4500 Westporl Drive, Mechanicsburg, Lower Allen Twp., Cumberland Co., PA 17055 PREMIUM Rate Advance Premium Produdsj Produc.ts} Premium Basis. Premises/ Completed Premises/ Complete, Location/Classification Code No. (per 1000 or unit) Operations Operations Operations Operation -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic! LOC 1 Employee Benefits Liability TERR-010 LOC 2 Warehouses - manufacturing or private buildings or premises - occupied by single interest (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 49950 160 Each $548.00 0.1<11 68703 178,000 Area 2.844 $506.00 Subtotal $1,054.00 Cl150 (Ed. 11-85) CGp7ri(ht, In"nnc. S.rvitu Office, In(:" 1183, UU Page 20f 9 Policy Number PLP 0432721-02 LOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS toeation of All Premises You Own, Rent or Occupy: 3 5021-5023 E. Trindle Rd., Mechanicsburg, Hampden Twp., Cumberland Co., PA 17055 4 300 Horizon Drive, Suwanee, Gwinnett Co., GA 30174 PREMIUM Rate Advance Premium Productsf Products Premium Basis. Premises/ Completed Premises/ Complet~ Location/Classification Code No, {per 1000 ~r unit} Operaticl"s Operations Operations Operatior <The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the po lie LOC 3 Buildings or Premises - office - Other than Not-Far-Profit (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 4 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limi!.) See Section V, Definitions TERR-003 61226 19,400 Area $796.00 41.0117 68702 290,000 Area $848.00 2.92.4 Subtotal $1,644.00 CL 150 (Ed. II,S5) COP1ri,lIt, Inurane. Services Office, Inc., un, 19U Page 30f 9 Policy Number PLP 0432721-02 tOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS tocation of All Premises You Own, Rent or Occupy: 5 1629 Willow St., Lebanon, Lebanon Co., PA 17042 6 52 Industrial Rd., Elizabethtown, W. Donegal Twp., Lancaster Co., PA 17022 PREMIUM Rate Advance Premium Products/ ProduGtsl Premium Basis. Premises/ Completed Premisesj Complete Location/Classification Code No, (pet' 1000 or unit) Operations Operations O\)erations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic: LOC 5 Warehouses - occupied by multiple interests (lessor's risk only) (Ineluding Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-012 LOC 6 Warehouses - oceupied by multiple interests (lessor's risk only) (Ineluding Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-012 68702 118,000 Area 3.0:;1 $360.00 68702 70,000 Area $214.00 3.051 Subtotal $574.00 Cl150 (Ed. 11.85) Copyrirht, InlQuAet S.rvieu Offiee, Inc., 1083, UU Page 40f 9 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 tOCATION OF PREMISES tocation of All Premises You Own, Rent or Occupy: 7 221 S. Tenth St., Lemoyne, Cumberland Co., PA 17043 8 32 Runway Rd., Bldg 3, Levittown, Bristol Twp., Bucks Co., PA '19057 PREMIUM Rate Advance Premium Productsf Products/ Premium Basis. Premise~:/ Completed Premisesf Completec Location/Classification Code No, (per 1000 or unit) Operatiolls Operations Operations Operation -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic) LOC 7 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 8 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-007 68702 950,000 Area 4.637 $4,405.00 68702 100,000 Area 12.635 $1,264.00 Subtotal $5,669.00 CL 150 (Ed. 11 '85) Page 50f 9 Co,yriCht, lllsurlnct Strvk.. OffiCI, In';'1 1083, 1184 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 tOCATION OF PREMISES tocation of All Premises Vou Own, Rent or Occupy: 9 5 Pleasant View Dr., Mechanicsburg, Cumberland Co" PA 17055 10 100 Lineoln St., New Oxford, Adams Co" PA 17350 PREMIUM Rate Advance Premium Products/ Products! Premium Basis. Premises! Completed Premises/ Complete Location/Classification Code No, (per 1000 or unitj Operations Operations Operations Operation 'The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the poliO' LOC 9 Buildings or Premises - bank or office - mercantile or manufacturing (lessor's risk only) - Other than Not-Far-Profit (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definttions TERR-010 LOC 10 Warehouses - manufacturing or private buildings or premises - occupiedby single interest (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Sectioo V, Definitions TERR-012 61212 48,000 Area 11.996 $576.00 68703 130,000 Area 1.818 $236.00 Subtotal $812.00 CL 150 (Ed. 11-85) Page 60f 9 Copyri(hl, Insurance Suvicu Office, IIIC., Ua3, UH Policy Number PLP 0432721-02 tOCATION OF PREMISES COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS tocation of All Premises You Own, Rent or Occupy: 11 2404 Old Gettysburg Rd., Camp Hill, Lower Allen Twp., Cumberland Co., PA 17110 12 405 Sterling Rd., Shiremanstown, Hampden Twp., Cumberland Co., PA 17011 PREMIUM Rate Advance Premium Produc.tsf Products} Premium Basis. Premise:./ Completed Premises/ Completel Location/Classification Code No, (per 1000 or unit) Operations Operations Operations Operation *The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic1 LOC 11 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 12 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 68702 52,000 Area 4.6::17 $241.00 68702 50,000 Area 4.637 $232.00 Subtotal $473.00 CL 150 (Ed. 11.85) COp~Iic:IIt, Insur.n~. Str~i(u OffiCI, Int., un, uu Page 70f 9 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 13 2410 Old Gettysburg Rd., Camp Hill, Lower Allen Twp., Cumberland Co., PA 17011 14 225 N. Sixteenth St., Lebanon, Lebanon Co., PA 17042 PREMIUM Rate Advance Premium Products/ Products Premium Basis. premisuJ Completed Premises/ Completl Location/Classification Code No. (per 1000 or unit) Operatilms Operations Operations Operatiol -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polie LOC 13 Warehouses - occupied by mulliple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limn.) See Section V, Definnions TERR-010 LOC 14 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-012 68702 33,600 Area 4.6:37 $156.00 68702 25,000 Area 3.051 $76.00 Subtotal $232.00 CL 150 (Ed. II-as) Page 80f 9 Cop)'ri(ht, InsurincI S.rvicu Offiu, In<:., U83, us. COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number PLP 0432721-02 LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 15 3990 Paxton St., Harrisburg, Swatara Twp., Dauphin Co., PA 17111 16 9704 Roosevelt Avenue, Tolleson, Maricopa Co., AZ 85353 PREMIUM Rate Advance Premium Products/ Products Premium Basis. Premisu/ Completed Premises/ Complet. Location/Classification Code No. (per 1000 or unit) Operations Operations Operations Operatio -The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the polic LOC 15 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-010 LOC 16 Warehouses - occupied by multiple interests (lessor's risk only) (Including Products and/or Completed Operations. Products-Completed Operations are subject to the General Aggregate Limit.) See Section V, Definitions TERR-004 68702 33,000 Area 4.637 $153.00 68702 300,000 Area 3.707 $1,112.00 Subtotal Total Total Advance Premium $1,265.00 $14,505.00 $14,505.00 CL 150 (Ed. II.aS) Page 90t 9 copY1irlll, Insurinn SltviUI Offie., Inc., 1083, un EMPLOYEE BENEFITS LIABILITY INSURANCE COVERAGE PART l,n~;1 For attachment to Policy No. PLP 0432721-02 , to comple:te said policy of GENERAL ACCIDENT INSURANCI COMPANY OF AMERICA, or THE CAMDEN FIRE INSURANCE ASSOCIATION, or POTOMAC INSURANCE COMPAN' OF ILLINOIS, or PENNSYLVANIA GENERAL INSURANCE COMPANY as the interest of any such company shall appea in the policy. SCHEDULE The insurance afforded is only with respect to the following Coverage as indicated by specific premium charge. The limit of the company's liability against such Coverage shall be as stated herein, subject to all the tefms of this policy having reference thereto. NOTICE: THIS IS A CLAIMS MADE COVERAGIE-PLEASE READ CAREFULLY ITEM 1. Limit of Liability: $ 1,000,000 Each Claim; $ 3,000,000 Aggregate ITEM 2. Premium Computation: Estimated Number of Employees: 160 Rate (Each Employeel .131 First 5.DOO Next 5,000 Over 10,000 TOTAL Estimated Premium $ 548. OOMP $ $ $ ITEM 3. Annual Minimum Premium: $ 548.00MP INSURING AGREEMENTS I. COVERAGE-EMPLOYEE BENEFITS LIABILITY To pay on behalf of the insured, all sums whieh the insured shall become legally obligated to pay as damages on account of any claim made against the insured by an employee, former employee or the beneficiaries or legal representatives thereof and caused by any negligent act, error, or omission of the in- sured, or any other person for whose acts the insured is legally liable in the administration of the insured's Employee Benefit Programs as defined herein. It is agreed that in the event of a claim $1,000.00 shall be deducted from the amount of each claim when determined, and subject to the Limits of Liability stated in the schedule, the eom- pany shall be liable only fOf the amount of each claim that is in excess of the deductible amount stated herein. It is further understood and agfeed that in event of any elaim, irrespective of the amount, notice thereof shall be given to the company, or any oi its authorized agents, by or on behalf of the insured, in accordance with the terms of this insurance and the company may at its option, investigate such claim or negotiate or settle any claim, and the insured agrees, if the company undertakes to negotiate or settle any such elaim, to join the eom- pany in such negotiations or settlement to the extent of the amount to be deducted as herein provided, or to reimburse the company for such deductible amount, if and when such claim is paid by the company. Exclusions This insurance does not apply: (a) To any dishonest, fraudulent, criminal or malicious act, libel, slander, discrimination, or humiliation; (b) To bodily injury to, or sickness, disease, or death of any per- son, or to injury to or destruction of any tangible property, in- cluding the loss' of use thereof; (c) To any claim for failure of performance of contract by any insurer; (d) To any claim based upon the insured's failure to comply with any law concerning Workers' Compensation, Unemployment Insurance, Social Security or Disability Benefits; (el To any claim based upon failure of stock to perform as represented by an insured; (I) To any claim based upon advice given by an insured to an employee of the named insured to participate or not to par- ticipate in Stock SUbScfipton Plans; (g) To any claim except claims for Compensatory Monetary Damages as defined in the policy; (h) To any liability imposed by Employee Retirement Income Securilty Act of 1974 (or any amendment or acfdition thereto) 01 any state statute or common law rule which impbses fiducial) duties or responsibility with respects to an employee benefil program. II. DE:FENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS As respects such insurance as is afforded by the other terms of the insurance the company shall: (a) Def,md in his name and behalf any suit against the insufed allegin9 such negligent act, error, or omission and seeking damages on account thereof, even if such suit is groundless, false or fraudulent, but the company shall have the right to make such investigation and negotiation of any claim or suit as ma} be deemed expedient by the company. The company, however, shall not make settlement or compromise any claim or suil without the written consent of the insured. (b) Pay all premiums on bonds to release attachments for ar amount not in excess of the applicable Limit of Liability of thi! insurance, all premiums on appeal bonds required in any suct defended suit, but without any obligation to apply for or furnist sueh bonds, all costs taxed against the insured in any such suit all expenses incurred by the company, all interest accruing aftel entry 0'1 judgement until the company has Paid, tendered, 0 deposited in court such part of such judgement as does not ex ceed the limit of the company's liability thereon; (c) Reirnburse the inSufed lOf all reasonable expenses, othe than loss of earnings, incurred at the company's request. The c:ompany agrees to pay the amounts incurred underthil insurin!l agreement, except settlements of claims and suits, ir addition to the applicable Limit of Liability of this insuranee. III. POLICY PERIOD AND TERRITORY This insurance applies only to claims under the legal jurisdic tion of a, court of law or a court of equity within the United State: of America,'its territories or possessions or Canada, resultin! from ne'gligent acts, errors or omissions of the insured, or an person acting on behalf of the insured in the administration e Employee Benefit Programs provided such claim is brougt against the named insured during the policy period and th, named insured at the effective date of this insurance had n, knowledge of or could not have reasonably foreseen an cireumstances which might result in a claim or suit. 'lJed aOeJaAOO S!41 hq papJOjjll aouelOs J! a41 01 hldde UO!lBuaOUeo pue 'lUawu6fSS\f 'SaOUe40 JOlle60Jqns '80UeJnSUI J8ljl0 'huedwoo lSUfB6\f UOI10\f auolldeo hO!lod a4110 SUO!I!PUOO a4.L -SUOlllPUOO Jaljl0 (9) 'salnlelS 40nS 01 WJOI JOO 01 papuawe hqaJa4 aJe panss! S! aouelOsu! S!41 u!aJa4M leiS a4110 alrllelS a41411M 10lUuOO U! 8Je 40!4M aouemsu! S!4110 WJ9.L -ln181S 01 paWJOIUOO lJed 96eJaAOO 10 sWJal (9) '9su8dxa hue mou! JO 'UOlleO!lqo hU'll awnsS'll 'luawhed ue El)f'llW hl!JelunlOA 'lSOO UMO S!4 l'llldaoxa 'IOU lIe4s palOs It 8ljl 'sl!ns 10 lonpuoo a41 U! PU'llSassaul!M 10 aOU'llpU9ne a41 U!U!'lllqo 'aOUaP!A9 OU!A!O pU'lloupnoas 'sluawalnas OUllOajja ! IS!SSe neljS pue SI'llPl pUll s6u!J'lla4 pU9n'll 1I'll4S 'lsanb OJ S,hU'lldwoo a41 uodn 'pue hued woo a4141!M aleJedooo lIe4s amsu! 941 -paJnsul 8111 10 UOllBJ8dooo pUB 8oUelSISS\f (v) 'alnp940s 941 U! p91els wn!waJd wnw!u!w a41 Iloa!qns palOsu! 40ns hq p!'lld UO!lJod p9UJ'llaUn a41 paJnsu! ~I 01 ulOlaJ ne4S hU'lldwoo alii 'Ssa( Ii :huedwoo a41 01 ssao a 9111hed IIe4s pamsu! a41 'pied wn!w9Jd 90ueApe paleWllsa n spaaoxa palndwoo sn41 wn!waJd paUJea alllll 'alnpallos n U! 4lJOllaS SaleJ a4111l!M aouepJOooe U! PO!Jed 40ns 10 pua n pue OUtuu\oaq alii Ie s,aaholdwa 10 Jaqwnu aOeJaM! alii uo llndwoo aq lIe4s wntwaJd paUJea a41 pue popad a4110 pua n Ie sa9holdwa 10 Jaqwnu lelol alii 10 luawalelS e huedwoo II 4S!UlOlII!M 'lsanbaJ uo 'palOsu! a41 aouBlOsU! S!4110 popad nuue lIoea 10 uO!leu!WJal uodn 'hIUO wn!w9Jd pal'llWllSa ! S! alnpa40s a41 UI palelS wn!waJd a4.L -wn!W8Jd (E;) 'W!4 hq paA!90aJ sS900Jd J9410 JO suowwns NMa ledwoo a41 01 PJeMJoI hlalelpaWW! \Snw palOsu! a41140nOJq l!ns II 'woJlaJa41 aspB 01 hla)f!1 JO WOJlaJa410UIS!Je w!ep hue SJelnO!lJed IInllll!M .UO!SS!WO JO 'JOJJa 'lOB luaO!loau paoalle I 01 S'll UOllBWJOIU! OU!AI9:JaJ paJnsu! UO hUBdwoo a41 UaA!O aq 1W 90110U aIQllO!~BJd SB UOOS SV-llns JO WIBIO 10 aOlloN (;::) 'Jeah ho!lod 1I0Ba oupnp 6U!JlOooo pue JapUnaJall paJaAOO J!BP liB JOI ^t!l!qBII s,huedwoo allllo I!W!lIBIOI8111 'w!ep 40ea 1!~adsaJ SUO!SIAOJd aAoqB a41 01 ~8fqns 'S! ale6aJIl6B se alnpa40s a41 UI palels hl!l!qe!110 I!W!l a41 :JapUriaJa4 paJaAOO w!ep hue 10 lunoooeuo paJJnou! saoewep lie JOI hl!l!qB!I s,hued -woo a4110 I!w!l a41 S! "w!ep 40ea" 01 a(qeo!ldde se alopa40S a41 U!pajelS hl!l!qe!l jO I!W!l a4.L-hl!i!qBI110 sllw!l (~) SlN3WWOO 1\fNOllI0Q\f '^ 'a)f!1 a41 JO 'IUeW!ep a41 hq paJJnou! saal s,haUJone 'saoewllp aA!l!und 'saaj 'SaU!1 apnpu! IOU saop saoeweo hJBlauoV\J hJOleSuadwoo 'sweJ50Jd I!lauas aaholdw3 s,pamsu! a41 jO uOlleJIS!U!Wpe a4110 IlnSaJ e se palOsu! a41 jO aaholdwa JawJoj JO aaholdw8 UB 01 hed 01 p91e5!1qo hlleoal S! palOs -U! a41 swns sueaw ..sa6BwBO NBlauoW 1l01llSuadwoo" '0 'palOSU! paweu a41 hq paZ!J04lne 8J'll Sloe 40ns lie pap!^OJd :sweJ50Jd I!jauas aahOldw3 a41 Japun saahOldwa jO uO!lellaOueo JO uO!leU!wJal 'IUawlloJUa 5u!lOa1l3 (v) :sWeJOOJd 1!lauas aahOldw3 all141!M uO!loauuoo U! spJOoaJ 10 OU!lpUeH (E;) :sweJ50Jd I!jauas aahOldw3 9111 5UllaJdJa1U( (;::) :sweJooJd lions Japun aahOldwa ue 01 uado SUOlldo 5UOWB 5u!~alaS U! sa5elUe^pe ou!f.Je^ a41 uo Wa415u!lasunoo JO 'sweJ60Jd l!Iauas aahOldw3 s,palOs -w a41 jO sl!elap a4110 saahOldwa s,pamsu! 81110U!S!^P'V (~) :ueaw lIe4s 'pasn Ja^8Ua4M UOllBJ1S!U!WPB pJOM pa!l!lenbUO a41-..UO!lBJ1S!U!WP\f.. '0 'sl!lauaq 40ns 10 uOllnl!lsU! a41 Jalle Shep hlJ!41 U!41!M pa!l!Iou S! hued woo a41 pap!AOJd aouelOsu! S!41 jO alBp a^!IOajja a41 Jalle palnl!lSU! JO aAOqe palnpallos sl!lauaq aaholdwa Jlll!W!S Ja410 hue pue 'sueld 5upe4s I!I0Jd 'sl!jauaq hl!l!qeS!p 'uollesuadwoo ,sJa)fJoM 'sl!jauaq hlpnoas lepos 'aouelOsu! luawholdwaun 'sueld UOlldposqns )fOOlS aaholdwa 'ueld uo!suad 'aouelOsu! 411ea4 JO Iuappoe dnoJ6 'aOueJns -U! aj!l dnoJo sueaw '..sWBJ60Jd mauag aaAoldw3.. 's 'sweJOoJd I!jauas aaholdw3 s,pamsu! 941 jO uO!leJIS!U!Wpe a41 UI ~e 01 pazpolllne S! aahOldwa lions paplAOJd 'aahOldwa JO 'JaPIOll)fOOIS 'JopaJ!p 'Jao!jjo a^llnoa -xa 'JaujJed hue oSle lOq 'palOSU! paweu a41 hlUO IOU sapnlOU! 'pasn JaAaUa4M 'pamsu! pJOM pa!l!lenbun alll-..pa.msul.. ''1 SNOIJ.INI:l30 1\fNOIJ.IOO\f '^I POLICY NUMBER: COMMERCIAL GENERAL LIABILlT't CG 25 ~4 03 91 THIS ENDORSEMENf CHAN(;ESTHE pOlLig'(.' P.~EASE ReAD IT CAREFULLY. PLP 0432721-02 '! " DESIGNATED L.Q9ATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the fClllowing: ''':'.'- COMMERCIAL GENERAL LIABILITY COVERAGE PAHT SCHEDULE Designated Location(s): Any Location (If no entry appears above, information required to complete this endorsement will be shown in tb.e Declaratior as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by a~ci. dents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" in eluded in the "produets-completed operations hazard", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making clail1' or bringing "suits", 3. Any payments made under COVERAGE , for damages or under COVERAGE C fc medical expenses shall reduce the Desil nated Location General Aggregate Limit ft that designated "location". Such paymenl shall not reduce the General Aggregate Lirn shown in the Deelarations nor shall they rE duce any other Designated Location Gener, Aggregate Limit for any other designate "location" shown in the Schedule above, 4. The limits shown in the Declarations for Eac Oecurrenee, Fire Damage and Medical E: pense continue to apply. However, instead I being subject to the General Aggregate lilT shown in the Declarations, such limits will t subject to the applicable Designated Locatic General Aggregate Limit. CG 25 04 03 97 Copyright, Insurance Seryic,es Office, Inc., 1996 Page 1 01 l. For all sums which the Insured becomes legally obligated to pay as damages caused by "occuITences" under COVERAGE A (Se,CTIOt-l I), and for all medical expenses caused by acel- . dents under COVERAGE C (SECTION I), which cannot be attributed only tooperatlolls a.l,a s,ln- gle designated "location" shown'ln the ,schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag- gregate limit, whichever is applicable; and Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided,any paY(l1ents for damages because of "bodilY Injury" Or '"prclperty damage" inCluded in the "products-completed operations hazard" will .reduce the Products-Completed Operations Ag- gnigate limit, and not reduce the General Ag- gregat~ Limlt rjor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises Involving the same or connecting lots', or premises whose connec- tion is interrupted only by a street, roadway, wa- terway or right-of-way of a railroad. E. The provisions of Lim~s Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 26 04 03 97 o ge 2 012 Copyright, Insurance Services Office, Inc., 1996 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL L1ABILlT' CG 2010109: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: R.R. Donne11ey Logistics Services Attn: Mr. Ron Prassas 32 Runway Road Levittown, PA 19057 Re: 32 Runway Road Levittown, PA (If no entry appears above. information required to eomplete this endorsement will be shown in the Declara' tions as applicable to this endorsement,) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown ir the Sehedule, but only with respect to liabiiity arisin9 out of your ongoing operations performed for that in. sured, CG 20 10 10 93 Copyri9ht. Insurance Services Qffice, Inc.. 1992 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABllIT' CG 20 10 10 9: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Novartis Pharmaceuticals Attn: Mr. Peter Granwehr 59 Route 10 East Hanover, NJ 07936 Re: 1629 Willow Street Lebanon, PA (If no enlry appears above, information required to eomplete this endorsement will be shown in the Declara- tions as applieable to this endorsement,) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sehedule, but only with respeet to liability arising out of your ongoing operations performed for that in- sured, CG20101093 Copyright, Insurance Services Qffice, Inc" 1992 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement mQdifies insuranee provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1, DesignatiQn Qf Premises (Part Leased to YQu): 32 Runway RQad, LevittQwn, PA 19052 2. Name of PersQn or Organization (Additional Insured): petu1~ AssQciates, Ltd 711 lI~gh Street 3. Additional Premium: Included Des MQines. IA 50392-1370 (If no entry appears abQve, the information required to complete this endorsement will be shQwn in the Dee- laratidns as applieable tQ this endQrsement.) WHO IS AN INSURED (Section II) is amended tQ include as an insured the person Qr QrganizatiQn shQwn in the Schedule but Qniy with respect tQ liability arising Qut Qf the ownership, maintenance or use Qf that part Qf the premises leased to YQU and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply tQ: 1. Any "oecurrence" which takes place after YQU cease to be a tenant in that premises, 2, Structural alterations, new construction or demolition operatiQns performed by or on behalf Qf the person or organization shQwn in the Schedule, CG 2011 01 96 Copyright, Insurance Services Qffice, Inc" 1994 Page 1 of 1 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDUl.E Paxton Street, Harrisburg, PA Mr. paul Mahoney Union Deposit Corporation P.O. Box 4153 Harrisburg, PA 17111 (If no entry appears above, the information required to complete this endorsement will be shown in the Dee- larations as applicable to this endorsemenL) 1. Designation of Premises (Part Leased to You): 3990 2, Name of Person or Organization (Addilionallnsured): 3. Additional Premium: Included WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out .of the ownership, maintenance or use of that part of the premises leased to you and shown in the Sehedule and subjeet to the following additional exclusions: This insurance does not apply to: 1, Any "oecurrence" which takes place after you cease to be a tenant in that premises, 2. Structurai alterations, new construction or demolition operations performed by or .on behalf of the person or organization shown in the Schedule, CG 2011 01 96 Copyright, Insuranee Services Qffiee, Inc" 1994 Page 1 of 1 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the I'ollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1, Designation of Premises (Part Leased to You): 221 S. 10th St., Lemoyne, PA 17043 2 Name of Person or Organ'lzation (Additional Insured): Conewago Contractors, Inc. . PO BOX 688 3. Additional Premium: Included Hanover, PA 17331 Attn: Allen Smith (II no entry appears above, the information required to complete this endorsement will be shown in the Dec- larations as applieable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sehedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1, Any "occurrence" which takes place after you cease to be a tenant in that premises, 2. Structural alterations, new construction or demolition operations performed by or on behalf 01 the person or organization shown in the Schedule, CG 20 11 01 96 Copyright, Insurance Services Qlfice, Inc" 1994 Page 1 of 1 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insuranee provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1, Designation of Premises (Part Leased to You): 4500 Westport Dr., Mechanicsburg, Pl\ 2. Name of Person or Organization (Additional Insured)' First Industrial Realty Trust , 6400 Flank Dr., Suite 600 3. Additional Premium: Included Harrisburg, Pl\ 17112 (If no entry appears above, the information required to complete this endorsement will be shown in the Dee- laratidns as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenanee or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1, Any "occurrenee" which takes place after you cease to be a tenant in that premises, 2. Structural alterations, new eonstruction or demolition operations performed by or on behalf of the person or organization shown in the Schedule, CG 20 11 01 96 Copyright, Insurance Services Qffice, Ine" 1994 Page 1 of 1 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POI.ICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1, Designation of Premises (Part Leased to You):3407 N. 6th Street, Harrisburg, PA 2, Name of Person or Organization (Additional Insured): Rubin Industrial Co., Inc. 3401 N. 6th Street 3, Additional Premium: Included Harrisburg, PA 17110 (If no entry appears above, the information required to eomplete this endorsement will be shown in the Dec- larations as applieable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sehedule but only with respeetto liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrenee" which takes plaee after you cease to be a tenant in that premises, 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Sehedute, CG 20 11 01 96 Copyright, Insurance ServiCE!S Qffice, Inc" 1994 Page 1 of 1 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL L1ABILlT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- MORTGAGEE, ASSIGNEE, OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: Dauphin Deposit Bank Attn: Tom Luongo P.O. Box 2961 Harrisburg, PA 17105 Designation of Premises: 52 Industrial Road E1izabethtown, PA (If no entry appears above, information required to complete this endorsement will be shown in the Deelaratiom as applieable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) showr in the Sehedule but only with respect to their liability as mortgagee, assignee, or reeeiver and arising out 0' the ownership, maintenanee, or use of the premises by you and shown in the Sehedule, 2. This insuranee does not apply to strueturai alterations, new eonstruetion and demolition operations per, formed by or for that person or organization, CG 20 18 11 85 Copyright, Insuranee ~erviees Offiee, Ine" 1984 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLIICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCiAL GENERAL LIABILITY COVERAGE PART, SCHEDULI, Name of Person or Organization: Advanta Business Service Corp. 1020 Laurel Oak Road Voorhees, NJ 08043 (If no entry appears above, information required to compiete this endorsement wiil be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respeet to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organization(s), subject to the following additional exclusions: This insurance does not apply: 1. To any "occurrenee" which takes place after the equipment lease expires: 2. To "bodily injury" or "property damage" arising out of the sole negligence of the per- son or organization shown in the Schedule, CG 20 28 11 85 Copyright, Insuranee ~erviees Offiee, Ine" 1984 1f1iT= General Accident Insurance ENDORSEMENT Not Valid Unless Signed By A Duly Authorized Representative Of The Company Endorsement number Issued by: Potomac Insurance Company of Illinois Place of issue Camp Hill, PA Date of issue 04-29-98 01 Year 98 Amending policy no. PLP 0432721-02 Endorsement effeetive (standard time) Month Hour 12 :01 A'M. 04 Issued to Cumberland Distribution Services Co., Inc. Day State eode 37 Agent code I 427641 Agent name Sedgwick James of PA, Inc. The above information is not required when this endorsement is issued with the policy, This endorsement is subject to all the agreements, conditions, and exclusions of the poliey. The poliey is amended as indieated by typewritten entry below, BROAD NAMED INSURE!, Who is an insured is amended to read: "Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However: A, Coverage under this prov1s10n is afforded only until the l80th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. This coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed this organization. c. This coverage does not apply to "personal injury" or "advertising injuryl1 arl.sl.ng out of an offense committed before you acquired or formed this organization. No person or organization is or past partnership or joint Declarations. insured with respects to the conduct or any current venture that is not shown as a Named Insured in the Additional premium Return premium $ Signature of authorized representative $ G.IBB! Rev,6,96 JB:. General Accident Insurance ENDOR.SEMENT Not Valid Unless Signed By A Duly Authorized Representative Of The Company Endorsement number Issued by: Potomac Insurance Company of Illinois Plaee of issue Camp Hill. PA Endorsement effective (standard time) Month Date of issue 04-29-98 Hour Issued to 12:01 A. M, I 98 Amending policy no. I PLP 0432721-02 I 04 Day I 01 Year Cumberland Distribution Services Co., Inc. State code Agent code 37 I 427641 Agent name Sedgwick James of PA, Inc. The above information is not required when this endorsement is issued with the policy, This endorsement is subjeet to all the agreements, eonditions, and exclusions of the poliey. The policy is amended as indieated by typewritten entry below. NOTICE OF CLAIM REQUIRIlMENT This notice of claim or suit condition under your policy should require that notice be given to the company as soon as practicable, but further state that "compliance will be deemed satisfactory if notice is qiven within 30 days after Richard Roadarmel, Vice President or his successor becomes aware of a claim". Additional premium Return premium $ Signature of authorized representative $ G-1BBl Rev,6,96 DIiT= General Accident Insurance ENDORSEMENT Not Valid Unless Signed By A Duly Authorized Representati've Of The Company Endorsement number Issued by: Potomac Insurance Company of Illinois Plaee of issue Camp Hill. PA Endorsement effective (standard time) Month Date of issue I 04 Day I 01 Year I 04-29-98 Amending policy no. PLP 0432721-02 Hour 12: 01 Issued to Cumberland Distribution Services Co., Inc. A. M. 98 State code Agent code Agent name 37 I 427641 Sedgwick James of PA. Inc. The above information is not required when this endorsement is issued with the policy. This endorsement is subject to all the agreements, conditions, and exclusions of the poliey. The policy is amended as indicated by typewritten entry below. It is agreed that (1) failure of the insured to disclose all hazards existing as of the inception or renewal dates of this policy or to comply with any provisions of this policy, or (2) errors of omissions in applications, declarations, schedules, endorsements or other documents, shall not prejudice the insured with respect to the coverage afforded by the policy, as long as such failure, error or omission is unintentional and is corrected or complied with as soon as practical after it has been brought to the attention of Richard Roadarrn€!l, vice President or his successor. Additional premium Return premium $ Signature of authorized representative $ G-1BBl Rev,6,96 21= General Accident Insurance ENDORSEMENT Not Valid Unless Signed By A Duly Authorized Representative Of The Company Endorsement number Issued by: Potomac Insurance Company of Illinois Place of issue Date of issue Camp Hill, PA 04-29-98 Hour 12: 01 Issued to Cumberland Distribution Services Co., Inc. A. M, 04 01 98 Amending policy no. PLP 0432721-02 Endorsement effeetive (standard time) Month Day Year State code Agent eode Agent name 37 I 427641 Sedgwick James of PA, Inc. The above information is not required when this endorsement is issued with the policy. This endorsement is subjeet to all the agreements, eonditions, and e)(c1usions of the policy, The poliey is amended as indicated by typewritten entry below, CROSS LIABILITY Subject to the limits of liability as set forth herein, the insurance afforded to this policy shall apply with respect to any action brought against anyone Insured by any other Insured or by any employee as if a separate Policy had been issued to each. The action of one Insured shall not disentitle any other Insured from the coverage provided by this policy and the employees of anyone Named Insured are not considered as employee of any other Named Insured in this polciy. The inclusion of more than one corporation, person, organization, firm, or entity as insured in this Policy shall not in any way effect the rights of any such corporation, person, organization, firm, or entity either as rE!Spects any Claim, demand, suit, or judgment made or brought by, or in favor of any ot:her Insured, or by or in favor of any employee of such other Insured. This Policy shall. insure each: but nothing herein contained shall operate to increase the Company's liability as amounts for which the Company would have been liable if one person or interest had been named as Insured. Additional premium Return premium $ Signature of authorized representative $ G-1BB1 Rev,6,96 il1iT= General Accident Insurance ENDORSEMENT This Endorsement Changes The Policy. Please Read It Carefully. Absolute Exclusion . Asbestos Liability This endorsement modifies insuranee provided under the following: Commercial General Liability Coverage Part This insuranee does not apply to: 1. "80dily Injury", "Personal Injury" or "Property Damage" arising out of or alleged to have risen out of: a. exposure to asbestos, asbestos fiber, or any material containing asbestos or asbestos products; or b. the removal of asbestos, asbestos fiber, or any material eontaining asbestos or asbestos produets, including, withou limitation, 1. the costs of asbestos removal; or 2. "property damage" in the eourse of effeeting sueh removal. We shall not be obligated to investigate, or defend the insured against any claim for any liability deseribed above whieh is asserted against any insured or to pay any judgement entered against any insured for sueh liability, This endorsement must be attached to the Change Endorsement when issued after the policy is written. L.2926 7,91 COMMERCIAL GENERAL LIABILITY CG 00 01 01 96 COMMERCIAL GENERAL LIABILITY COVERAGE FORM <. ..... ..... . . Various provisipO,s in this policy restriet coverage, R~ad the 'entire policy c~refully to Cletermine rights. dutie~and what is and is ,not covered, Throughout this poliey the words "you" and "yOur" refer tothe Na,med Insured shown in the Declara- tion~, ,and any oth~r person, pr organization qualify- ing as a Named Insured under this policy, The words "we,", "us," an'd "our" refer to the company providing this insurance. The word "insured" means any person or organiza- tion qualifying as such under WHO IS AN INSURED (SECTION II), ' Other words and phrases that 'appear in quotation marks have special meaning, ,Refer to DEFINITIONS (SECTION V), SECTION I " COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGELIASiLlTY 1. Insu,ong Agreement a, We will pay those sums that the insured be- comes. legally obligated to pay as damages because of "bodily injury" or "property dam- age" to ""l1ich this insurance applies, We will have the right and duty to defend the insured against any "suit", seeking, those damages, Howeve'r. we will have no duty to defend the insured against any "suit" seeking damages for "bodily Injury" or "property damage" to which this insurance does not apply, We may, at our diseretion, investigate any "occur- rence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION Ill); and (2) Our right and duty to defend end when we have used up the applieable limit of in- surance in the paY(T1ent of judgments or settlements under Coverages A or B or medical expenses under Coverage C, No other obligation or liability to pay sums or perform acts or services is covered unless explieiUy provided for underSUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B, CG 00 01 01 96 1>. This insuranee applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "eoverage territory": and (2) The "bodily injury" or "property damage" occurs during the policy,period, c. Damages because of "bodily injury" iryclude damages claimed by any person or organ- ization for eare. loss of serviees or death re- sulting at any time from tl1e "bodily injury", 2. Exclusions This insurance does not apply to: a. ExpeCted or Intended Injury '''Bodily injury" or "property damage" ex- peeted or intended from the standpoint of the insured, This exclusion does not apply to "bodily injury" resulting"from the use of rea- sonable force to proteet persons or property, b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay dam- ages by reason of the assumption of liability in a eontract or agreement.. ,This exclusion does not apply to liability, for damages; (1) That the insured would have in the ab- senc,e of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract".' provided the "bodify injury" or "property damage" oc- curs subsequent to the execution of the contraet or agreement. Solely for the pur- poses of liability assumed in an "insured contraet", reasonable attorney fees and necessary litigation expenses .incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to sueh party for, or for the eost of, that party's defense has also been assumed in the same "insured eontract"; and Copyright, Insuranee Services Qffiee, Inc" 1994 Page 1 of 13 (b) Sueh attorney fees and litigation ex- penses are for defense of that party against Ii civil or alternative dispute resolution proceeding in which dam- ages to which this insurance applies are alleged. I c. Liquor Liability "Bodily injury" or "property damage" for whieh any insured may be held liable by rea- son af: (1) Causing or contributing to- the intaxication of any person: (2) The furnishing af alcohalic beverages to a person under ,the legal drinking age or under the influence of alcahol: or (3) Any statute, ordinanee ar regulation relat- ing to the sale, gift, distributian ar use af alcohalic beverages, This exclusion applies anly if yau are in the business of manufacturing, distributing, sell- ing, serving or furnishing alcaholic beverages, d. Workers Compensation and Similar Laws Any abligation of the insured under a warkers compensation, disability benefits or unem- ployment compensation law or any similar law, e. Employer's Liability "Bodily injury" to: (1) An "employee" af the insured arising out af and in the course of: (a) Employment by the insured; or (b) Perfarming duties related to the con- duct of the insured's business; ar (2) The spouse, child, parent, brother ar sister af that "employee" as a consequence of paragraph (1) above, This exelusian applies: (1) Whether the insured may be liable as an employer or in any other capaCity; and (2) TO' any obligation to share damages with or repay sameone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured contract", f. Pollution (1) ~Bodily injury" or "property da,mage" aris- ing out of the actual, alleged or-threatened diseharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or 10- eation whieh is ar ..ias at any time owned or occupied 'by. or rentedbr loaned to', any insured; (b) At or from any prerillses, site or 10- eat ion whleh isorwas'at anytime used by ar for any' insured Or others for the handling, starage, dispOsal, proeessing or treatment of waste: ' (c) Which are ar were at any time trans- ported, handled, stored,' treated, ,dis- posed of, ar processed as waste by or far any insured or any person ar, or- ganization for whom you may be'le- gally respansible; or (d) At or from any premises, site or lo- cation on which any insured or any contractors or subeontractors working directly or indirectly an any insured's behalf are performing operatians: (i) If the pollutants are brought on or to the premises, site orlocatian in connection with such operations by such insured, contraetar or subeon- tractor; or (ii) If the operations are to test for. monitar, clean up, remove, contain. treat, detoxify or neutralize, ar in any way respond to, ar assess the effects of pollutants, Subparagraph (d)(i) does not apply to "badily injury" or "property damage" arising out of the eseape of fuels, lubricants or other operating fluids which are needed to perfarm the narmal electrical, hydraulie or me- ehanical funetions neeessary far the operation of "mobile equipment" or its parts. if such fuels, lubricants or other operating fluids eseape from a vehicle part designed to' hold, stare ar receive them, This exeeption does not apply if the fuels, lubricants, or other operating fluids are intentionafly discharged, dis- persed or released, or if sueh fuels. lubrieants or other aperating fluids are brought on or to' the premises, site or laeation with the intent to be dis- charged, dispersed or released as part of the operatians being performed by such insured, contractor or subcon- tractar. Page 2 of 13 Copyright, Insuranee Services Qffice, Jne" 1994 CG 00 01 01 96 0 Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or "property damage" arising out of I\eat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be, (2) Any loss, cost or expense arising out of any: (a) Request. demand or order that any in- sured or others test for, monitor, clean up, remove. contain. treat, detoxify or neutralize, or in any way respond to, or assess the effeets of pollutants: or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up. removing, containing, treating. detoxifying or neutralizing, or in any way responding to, or assessi ng the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als . to be recycled, reconditioned or re- claimed, g. Aircraft, Auto or Watercraft -BOdily injury" or 'property damage- arising out of the ownership, maintenance. use or entrustment to others of any aircraft, "auto- or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and -loading or unloading'. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or-rent; (2) A watercraft you do not own that is: (a) Less than 26 feel long; and (b) Not being used to earry persons or property for a charge: (3) Parking an "auto" on. or on the ways next to. premises you own or rent, provided the -auto' is not owned by or rented or loaned to you or the insured: CG 00 01 01 96 (4) Liability assumed under any -insured contract' for the ownership, maintenanee or use of aircratt or watereraft; or (5) "Bodily injury' or 'property damage" aris- ing out of the operation of any of the equipment listed in paragraph f,(2) or f,(3) of the definition of "mobile equipment-, h, Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment- by an "auto" owned or operated by or rented or loaned to any Insured: or (2) The use of "mobile equipment- in, or while in practice for, or while being prepared for, any prearranged racing, speed, dem- olition, or stunting aetivity, i. War -BOdily injury' or 'property damage- due to war, whether or not declared. or any act or condition incident to war, War ineludes civil war,insurrection, rebellion or revolution, This exclusion applies only to liability assumed under a contraet or agreement. j. Damage to Property "Property damage- to; (1) Property you own, rent, or occupy; (2) Premises you sell, giveaway or abandon, if the 'property damage- arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That partieular' part of real property on which you or any eontractors or subcon- tractors working direellyor indirectly on your behalf are performing operations, if the -property damage- arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaeed because 'your work- was incorrectly per- formed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work- and were never occupied, rented or held for rentai by you, Copyright, Insuranee Services Qffiee, Inc., 1994 Page 3 of 13 Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liabililyassumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage"' included in the "products-completed operations hazard". I k. Damage to Your Product "Property damage" 10 "your produet" arising out of it or any part of it. I. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "produets-cornple'ted operations hazard", This exclusIon does not apply if the damaged work or the work out of which the damage arises was penormed on your, behalf by a subcontraetor. m. Damage to Impaired Property or Property Not Physically Injured . "Property damage" to "impaired property" or property that has not been 'physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous eondition in "your product" or JOt your workll'; or (2) A delay or failure by you or anyone acting on )/our behalf 10 perform i. contract or agreement in accordance with its terms, This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physieal injury to "your prod- uet" or "your work" after it has been put to its intended use, n, Recall of Pro<lucts, Work or Impaired Properly Damages claimed for any. loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement. adjustment, removal or dis- posalof: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspeeted defect, defieiency, inadequacy or dangerous condition in it, Exclusions c, through n. do not apply to damag, by fire to premises while rented to you or tem porarily occupied by you with permission of th, owner, A separate limit of insurance applies" this cpverage as described in LIMITS OF INSUR ANCE (Section III), COVERAGE B, PERSONAL AND ADVERTISING IN JURY LIABILITY 1. Insuring Agreement a, We will pay those sums that the insured be- comes legally obligated to pay as damages because of "personal injury" or "advertising injury" .to whieh this insurance applies, We will have the right and duty to defend the in- sured against any "suit' seeking those dam- ages, However, we will have no duty to defend the insured against any 'suit' seeking damages for 'personal injury' or "advertising injury" to which this insuLance does not ap- ply. We may, at our discretion, investigate any "oecurrence' or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of in- surance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is eovered unless explicitly provided for under SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B, b. This insurance applies to: (1) "Personal injury' caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you: (2) 'Advertising injury" caused by an offense committed in the course of advertising your goods, products or serviees; but only if the offense was eommitted in the "coverage territory" during the policy period, 2. Exclusions This insurance does not apply to: a, "Personal injury" or "advertising injury": (1) Arising out of oral or written publica lion of material, if done by or at the direction of the insured with knowledge of its falsity: Page 4 of 13 Copyright, Insurance Serviees Qffice, Inc" 1994 CG 00 01 01 96'1 ~ (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the poliey period;' . (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; (4) For which the insured has assumed liabil- itY,in a contract or agreement. This exclu- sion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; or (5) Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration.' release or escape of pollutants at any time, b, "Advertising injury" arising out of: (1) Breach Of contract. other than misappro- priation ,of advertising ideas under an im- plied contract; (2) The failure of goods, products or services to conform with advertised quality or per- formance: (3) The wrong description of the price of goods. products or serviees: or (4) An offense eommitted by an insured whose business is advertising, broadcast- ing, publishing or telecasting, c. An'y loss, cost or expense arising out of any: (1) Request, demand or order that any in- sured or others test for, monitor, clean up, remove. eontain, treat, detoxify or neu- tralize, or in any way respond to, or as- sess the effects of pollutants; or (2) Claim or suit by or on behalf of a govern- mental aut~ority for damages because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants, Pollutants means any solid. liquid, gaseous or thermal irritant or contaminant, ineluding smoke, vapor, soot, fumes. aeids, alkalis, ehemieals and waste, Waste includes materials to be recycled, reeonditioned or reclaimed, COVERAGE C, MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as deseribed below for "bodily injury" eaused by an acei- dent: (1) On premises you own or rent: CG 00 01 01 96 (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The aeeident takes place in the "coverage territory" and during the policy period: (2) The expenses are incurred and reported to us within one year of the date of the accident: and (3) The injured person submits to examina- tion. at our expense, by physicians of our ehoice as often as we reasonably require, b. We will make these payments regardless of fault. These payments will not exeeed the applicable limit of insurance, We will pay reasonable expenses for: (1) First aid administered at the time of an accident: (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- vices; and (3) Necessary ambulanee, hospital, profes- sional nursing and funeral serviees, 2. Exclusions We will not pay expenses for "bodily injury": a. To any insured, b. To a person hired to do work for or on behalf of any insured or a tenant of any insured, c. To a person injured on that part of premises you own or rent that the person normally oc- cu pies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily in- jury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person injured while taking part in ath- leties, f. Included within the "products-completed op- erations hazard", g. Excluded under Coverage A, h, Due to war, whether or not declared, or any act or eondition incident to war, War includes civil war. insurreelion, rebellion or revolution, Copyright, Insuranee Servic,es Qffice, Inc" 1994 Page 5 of 13 SUPPLEMENTARY PAYMENTS " COVERAGES A AND e We will pay, with respeet to any claim we investi- gate or settle, or any 'suit' against an insured we defend: I 1. All expenses we incur. 2. Up to $250 for eost of bail bonds required be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to whi'ch the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, 3. The cost of bonds to release attachments, but only for,bond amounts within the applicable limit of insurance, '/'Ie do not hav.e to furnish these bonds, 4. All reasonable exp~nses incurred by the.insured at our request t.o.assist us in the in\i'estigation or defense of theclaim or 'suit". including actual loss of earnings up to $250 a day because of time off from work. 5. All costs taxed against the insured in the "suit", 6. Prejudgment interest awarded against the in- sured on that part of the judgment we pay. If we make an offer to pay the applieable limit of in- surance, we will not pay any prejudgment inter- est based on that period of time after the offer, 7. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance, These payments will not reduee the limits of insur- ance. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditio]1s are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agreement that is an 'insured eontraet": b. This insurance applies to such liability assumed by the insured; c, The obligation to defend, or the cost of the de- fense of, that indemnitee. has also been as- sumed by the insured in the same "insured contraet"; d. The allegations in the "suit" and the information we know about the "oecurrenee" are such that no conflict appears to exist between the interests or the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to eon- duct and control the defense of that indemnitee against such 'suit' and agree that we can assign the same counset to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit": (b) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the "suit": (e) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to eoordi- nating other applicable insurance avail- able to the indemnitee: and (2) Provides us with written authorization to: (a) Obtain re'cords and other information re- lated to the "suit': and (b) Conduct and eontrol the defense of the indemnitee in sueh "suit", So lon9 as the above conditions are met, attorneys fees incurred by us in 'the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Sup- plementary Payments, Notwithstanding the pro- visions of, paragraph 2.b.(2) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Seetion I - Coverages). such payments will not be deemed to be damages for "bodily injury" and "property damage' and will not reduee the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary liti- gation expenses as Supplementary Payments ends wh,m: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments: or b. The eonditions set forth above, or the terms of the agreement described in paragraph f. above, are no longer met. Page 6 of 13 Copyright, Insuranee Services Qffiee, Ine., 1994 CG 00 01 01 96 0 , r " ! I ~ I ! i I I I I \ I SECTION II " WHO IS AN INSURED 1" If you are designated in the Deelarations as: a. An individual, "you and your spouse are in- "sureds' but only with respect to the conduet of a business of which you are the sole owner. b. Apartnership or joint venture, you are an in- sured, Your members, your' partners, and their spouses are also insureds, but only with respect to the conduct of your business, c. A limited liability company, you are an in- sureil,'Your members are also insureds. but only'with respeet to the conduct of your'busi- nes~' Your managers are insureds, but only with re'spect to their duties as your managers, d, An organization other than a partnership, ,joint venture or limi,ted liability company, you are an insured. Your '"executive officers'" and directors are insureds, but only with respect to their duties as your officers or directors, Your stockholders are also insureds, but only with respeet to their liability as stockholders, 2. Each of the following is also an insured: a: Your "employees", other than either your "executiv,! .officers" (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their em- ployment by you or while pertorming duties related to the conduct of your business, However, none of these "employees" is an insured for: (1) "Bodily injury" or "personal injury": (a) To you, to your partners or members .. (if you are a partnership or joinl ven- ture), to your members (if you are a limited liability company), or 10 a co- "employee" while that co-"employee" is either in the eourse of his or her employment or performing duties re- lated to the eonduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" as a consequenee of paragraph (l)(a) above: (c) For which there is' any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services CG 00 01 01 96 (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, eustody or con- trol of, or over whieh physical control is being exercised for any purpose by you, any of your "employees", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company), b, Any person (other than your "employee"), or any organizat'ion while acting as your real estate manager, c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property: and (2) Until your legal representative ~as been appointed, d, Your legal representative if you die, but only with respect to duties as such" That repre- sentative will have all your rights and duties under this Coverage Part, 3. With respect to -mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your pNmission, Any other person or organization responsible for the eonduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, n'o person or organization is an insured with respect to: a, "Bodily injury" to a co- "employee" of the per- son driving the equipment: or b" -Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an in- sured under this provision, 4, Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insur- anee available to that organization, However: a, Coverage under this provision is afforded only until the 90th day after you aequire or form the organization or the end of the policy period, whiehever is earlier: Copyright, Insurance Serviees Qffiee, fnc" 1994 Page 7 of 13 [ b. Coverage A does not apply to "bodily injury" or "property, damage" that occurred before 'you acquired or formed the organization: and c. Coverage B does not apply to "personal in- jury," or "advertising injury" arising out of an offe'nse eommitted before you aequired or formed the organization, No person or organization is an insured with respect to the eonduet of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, SECTION III " LIMITS OF INSUR~NCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making elaims or bringing "suits", 2. The General Aggregate Limit is the most we will pay for the sum of: a, Medical expenses under Coverage C: b. Damages \.Inder Coverage A, except dam- ages because of "bodily injury" or "property damage", included in the "products-completed operations hazard"; and c. Damages under Coverage B, 3. The Produ~ts-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages beeause of "bodily injury" and "property damage" included in the "produets- completed operations hazard", 4. Subject to 2, above, the Personal and Advertising Injury Limit is the most we will pay under Cov- erage B for the sum of all damages beeause of all "personal injury" and all "advertising injury" sustained by anyone person or organization, 5, Subject to 2. or 3. above. whichever applies, the Eaeh Occurrenee Limit is the most we will pay for the sum of: a. Damages under Coverage A: and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of anyone "oeeurrence", Page 8 of 13 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permisSion of the owner, arising out of anyone fire, 7. Subjeet to 5. above, the Medieal Expense Limit is the most we will pay under Coverage C for all medieal expenses because of "bodily injury" sustained by anyone person, The Limits of Insurance of this Coverage Part apply separately to eaeh consecutive annual period and to any remaining period of less than 12, months, starting with the beginning of the pOlicy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months, In that case, the additional period will be deemed part of the 'last preceding period for purposes of determining the"'t.imits of In- surance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or ofthe insured's estate will not relieve us of our obli- gations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practieable of an "oceurrence" or an offense which may result in a claim, To the extent possible, notice should include: (1) How, when and where the "oceurrence" or offense took place: (2) The names and addresses of any injured persons and witnesses; and (3) The nature and loeation of any injury or damage arising out of the "oceurrence" or offense, b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately reeord the specifics of the claim or "suit" and the date reeeived; and (2) Notify us as soon as practicable, You must see to it that we receive written notice of Ihe claim or "suit" as soon as prac- ticable, Copyright, Insuranee Services Qffice, Ine" 1994 CG 00 01 01 96 0 \ \1 I , I I I I c. You and any other involved insured must: (1) Immediately send us copies of any de- mands,nqtices, summonses or legal pa- pers received in connection with the daim or "suit"; (2) Authorize us to obtain records and other information: (3) Cooperate with us in the investigation or settlement of the daim or defense against the "suit": and ' (4) Assist us, upon our request, in the enforeement of any right against any per- son or organization which may be liable to the Insured because of injury or dam- age to which this insurance may also ap- ply, d. No insured will. exeept at that insured's own eost, voluntarily make a payment, assume any obligation, or incur, any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or b. To sue us on this Coverage Part unless all of its terms have been fully eomplied with, A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance, An agreed settlement means a settlement and release of liability signed by us, the insured and the elaimant or the daimant's legal representative, 4, Other Insurance If other valid and collectible insuranee is avail- able to the insured for a loss we cover under Coverages A or 8 of this Coverage Part, our ob- ligations are limited as follows: a. Primary Insurance This insurance is primary except when b, be- low applies, If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, Then, we will share with all that other insurance by the method described in c. below, b, Excess tnsurance This insurance is excess over any of the other insurance, whether primary. exeess, contin- gent or on any other bask (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar eoverage for "your work": (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; or (3) If the toss arises out of the maintenance or use of aircraft. "autos" or watercraft to the extent not subject to Exclusion g, of Coverage A (Seetion I), When this insurance is excess, we will have no duty under Coverages A or 8 to defend the insured against any "suit" if any other insurer has a duty to defend the insured against thai "suit". If no other insurer defends. we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. ' When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all sueh other in- surance would pay for the loss in the ab- sence of this insurance: and (2) The total of all deduetible and self-insured amounts under all that other insuranee, We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insuranee shown in the Declarations of this Coverage Part, c. Method of Sharing If all of the other insurance permits contrib- ution by equal shares, we will follow this method also, Under this approaeh each insurer eontributes equal amounts until it has paid its applieable limit of insuranee or none bf the loss remains, whichever eomes first, If any of the other insurance does not permit eontribution by equal shares, we will eontrib- ute by limits, Under this method, each insur- er's share is based on the ratio of its applieable limit of insurance to the total ap- plicable limits of insurance of all insurers, CG 00 01 01 96 Copyright, Insurance Services Qffiee, fne" 1994 Page 9 0/13 5. Premium Audit a. W", will compute all premiums forthis Cover- age Part in ~ccordanee with our rules and rates, ' b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only, At the elose of each audit period we will eompute the earned premium for that period, Audit premiums are due and payable on no- tice to the first Named Insured, If the sum of the <advance and audit premiums paid for the poliCY period is greater than the earned pre- mium, we will return the excess to the first Named Insured, c. The first Na(l1ed Insured must keep records of the information we need for premium eomputation, and send us copies at sueh times as we may request. 6. Representations By aecepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete: b. Those statements are based upon represen- tations you made to us: and c. We have issued this policy in reliance upon your representations, 1. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to' the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us, The in- sured must do nothing after loss to impair them, At our request. the insured will bring "suit" or transfer those rights to us and help us enforee them, 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the ex- piration date, If notiee is mailed, proof of mailing will be suffi- cient proof of notice, SECTION V . DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material Ihat slanders or libels a person or organization or disparages a person's ,or organization's goods, products or services: b, Oral or written pubiieation of material that vi- olates a person's right of privacy;- c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan, 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, ineluding any attached machinery or equipment. But 'auto' does not include "mobile equipment", 3. "Bodily injury" means bodily injury. sickness or disease sustained by a person, including death resulting from any of these at any time, 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rieo and Canada: b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any plaee not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of: (al Goods or products made or sold by you in the territory described in a, above; or Page 10 of 13 Copyright, Insuranee Serviees Qffice, Ine.. 1994 CO 00 01 01 96 0 , I I I I (b) The aetivities of a person whose home 'is in the territory deseribed in a. above, but is away for a short time on your business: and (2) The insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to, 5. "Employee" includes a 'leased worker". "Em- ployee" does not inelude a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your eharter. constitution, by-laws or any other similar gov- erning document. 7. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a, It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con- tract or agreement: if such property can be restored to use by: a, The repair, replacement, adjustment or re- moval of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 8, 'Insured contract" means: a. A contract for a lease of premises, However, that portion of the eon tract for a lease of premises that indemnifies any person or or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract": b, A sidetrack agreement: c, Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad: d, An obligation, as required by ordinance, to indemnify a munieipalily, except in con- neetion with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contraet or agreement pertaining to your business (ineluding an indemnification of a munieipalLty in eon- nection with work performed for a muniei- pality) under whieh you assume the tort liability of another party to pay for "bodily in- jury" or "property damage" to a third person or organization, Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contraet or agreement: (1) That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of eonstruction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing: (2) That indemnifies an architect. engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spec- ifications: or (b) Giving directions or instructions. or failing to give them, if that is the pri- mary cause of the injury or damage: or (3) Under whieh the insured, if an arehitect, engineer or surveyor, assumes liability for an injury or d,amage arising out of the in- sured's rendering or failure to render professional services, including those listed in (2) above and supervisory, in- spection, architectural or engineering ac- tivities. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement be- tween you and the labor leasing firm, to perform duties related to the eonduct of your business, "Leased worker" does not include a "temporary worker" , 10. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is aecepted for movement into or onto an air- eraft, watereraft or "auto"; CG 00 01 01 96 Copyright, Insurance Services Qffiee, Ine" 1994 Page 11 of 13 b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is ,being moved from an aireraft, watercraft or "auto" to the place where it is finally delivered: but "loading or unloading" does not include the movement of property by means of a meehanieal device, other than a hand truck, that is not at- tached to the aireraft, watercraft or "auto", 11. "Mobile equipment" means any of the following types of land vehicles, including any attached maehinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principaliy off public roads; b. Vehicles mainlained for use solely on or next to premises you own or rent; c. Vehicle.s that travel on crawler treads: d. Vehicles, whether self-propelied or not, maintained primariiy to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; ,or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above. that are not self-propelled and are maintained primarily to provide mobility 10 permanently attached equipment of the fol- lowing types: (1) Air compressors, pumps and generators, including spraying, welding, building eleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; I. Vehicles not described in a., b.. c. or d. above maintained primarily for purposes other than the transportation of persons or eargo, However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipmenl designed primarily for: (a) Snow removal; (b) Road mainlenance, but not con- struelion or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers: and Page 12 of 13 (3) Air compressors, pumps and generators, ineluding spraying, welding, building cleaning, geophysieal exploration, lighting and well servieing equipment. 12. "Oecurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions, 13. "Personal injury" means injury, other than "bod- . ily injury", arising out of one or more of the fol- lowing offenses: a. False arrest, detentiOn or imprisonment; b. Malieious prosecution; c. The wrongful evietion from. wrongful entry into, or invasion of the right of private occu- pancy of a room, dwelling or premises that a person oceupies by or on behalf of its owner, landlord or lessor: d. Oral or written publication of ruaterial that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that vi- olates a person's right of privaey, 14. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or 'your work" except: (1) Products that are still in your phYSical possession; or (2) Work that has not yet been eompleted or abandoned. However, "your work" will be deemed completed at the eartiest of the following times: (a) When all of the work ealled for in your contract has been completed, (b) When all of the work to be done at the job site has been completed if your eontract calls for work at more than one jOb site, (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contraetor or sub- conlractor working on the same project. Work that may need service, maintenance, correCtion, repair or replacement, but Which is otherwise complete, will be treated as eompleted, Copyright, Insuranee Services Qffice, Inc" 1994 CG 00 01 01 96 0 ) I I b. Does not include "bodily injury" or "property damage" arising out of: (1) The transp.ortation of property, unless the injury or damage arises out of a eondition in .or on a vehiele not owned or operated by you, and that eandition was ereated by the "loading or unlaading" of that vehicle by any insured: (2) The existence of tools, uninstalled eQuip- ment .or abandoned .or unused materials; or (3) Produets or operations far which the clas- sification, listed in the Declaratians .or in a palicy schedule, states that products- campleted operations are subject to the General Aggregate Limit. 15. "Property damage" means: a. Physieal injury to tangible property, including all resulting loss of use of that property, All such loss of use shall be deemed to .occur at the time of the physical injury that caused it: .or b, Lass .of use .of tangible property that is not physieally injured, All such loss .of use shall be deemed to aecur at the time of the 'ae- currence" that caused it, 16. "Suit' means a civil praceeding in which dam- ages because of "bodily injury", "property dam- age", "persanal injury" .or "advertising injury" ta which this insurance applies are alleged, "Suit" includes: a, An arbitration praceeding in which sueh damages are claimed and ta which the in- sured must submit .or daes submit with our consent; or b, Any ather alternative dispute resalutian pro- ceeding in which such damages are claimed and ta which the insured submits with .our consent. I t I CG 00 01 01 96 Copyright, lnsuranee Services Qffice, Inc" 1994 Page 13 of 13 17, "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "e,mployee" on leave or to meet seasonal or 'short-term workload eonditions, 18, "Your praduct" means: a, Any goods or products, other than real prap- erty, manufaetured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person .or organizatian whose business or assets yau have acquired; and b. Cantainers (other than vehicles). materials, parts or equipment furnished in cannectian with such goods .or products, "Yaur product" includes: iI. Warranties or representations made at any time with respeet ta the fitness, Qtt8lity, dura- bility, performance or use of "your produet": and b. The providing of .or failure ta provide warnings or instructians. ''Your product" daes not include vending ma- chines .or other property rented to .or lacated for the use of .others but not sold, 19. 'Yaur wark" means: ,a. Work .or operatians performed by yau or an your behalf: and b. Materials, parts .or equipment furnished in connectian with such wark or aperatians, -Your wark" includes: a. Warranties .or representatians made at any time with respect to the fitness. Quality, dura- bility, perfarmance or use of 'yaur wark": and b. The providing of or failure to provide warnings or instructions. Jilir:. General Accident Insurance ENDORSEMENT This Endorsement Changes The Policy. Please Read It Carefully. Exclusion - Asbestos Liability This endorsement modifies insurance provided under the following: Commercial General liability Coverage Part This insurance does not apply to: 1. "Bodily Injury", "Personal Injury" or "Property Damage'" arising out of or alleged to have arisen out of: a. exposure to asbestos, asbestos fiber, or any material containing asbestos or asbestos products; or b. the removal of asbestos, asbestos fiber, or any material containing asbestos or asbestos pro- ducts, including, without limitation, 1. the costs of asbestos removal; or 2. "property damage" in the course of effecting such removal. We shall not be obligated to investigate, or defend the insured against any claim for any liability describl above which is asserted against any insured or to pay any judgement entered against any insured for suc liability. This endorsement also applies to all subsequent renewal policies issued by this company or any of its af filiates, or until cancelled. Signed evidence of acceptance of this endorsement by the insured is on reCOI with the company. Signature of First Named Insured or Authorized Representative This endorsement must be attached to the Change Endorsement when issued after the policy is written. L-2929 Rev, 2,9S Quick Reference Commercial General liability Coverage ,READ YOUR POLICY CAREFULLY The Commercial General Liability Coverage Part in your policy consists of Declarations, a Commercial General Liability Coverage Form (either CG 0001 or CG 0002), Common Policy Conditions, and Endorsements if applicable. Following is Quiek Reference indexing of the principal provisions contained in each of the eomponents making up the Coverage Pan The eomponents and provisions are not neeessarily in the sequence shown. Declarations Page Named Insured and Mailing Address Policy Period Description of Business, Coverages and Limits of Insurance Forms and Endorsements Applying to the Coverage Part at Time of issue Location of Premises Section I - Coverages Coverage A - Bodily Injury and Property Damage Liability Insuring Agreement Exclusions Coverage B - Personal and Advertising Injury Liability Insuring Agreement Exclusions Coverage C - Medical Payments Insuring Agreement Exclusions Supplementary Payments Section II - Who 15 An Insured Section III - Limits of Ins;urance Section IV - Commercial General Liability Conditions Bankruptcy Duties in the Event of Occurenee, Claim or Suit Legal Action Against Us Other Insuranee Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others to Us When We Do Not Rene,w Your Right to Claim and "Oceurrence" Information (Applicable to CG 0002 Only) (over) P-0085 Rev. 11.90 IL 0910/HO 29 (Ed. 0181 PENNSYLVANIA NOTICE An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide servic to reduce the likelihood of injury, death or loss, These services may include any of the following or related sel ices incident to the application for, issuance, renewal or continuation of, a policy of insurance: 1. surveys; 2. consultation or advice; or 3. inspections, The "Insurance Consultation Services Exemption Act" of Pennsylvania provides that the Insurance Company, i agents, employees or service contractors acting on its behalf, is not liable for damages from injury, death or 10 occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these ser ices. The Act does not apply: 1. if the injury, death or loss occurred during the actual performance of the services and was caused by II negligence of the Insurance Company, its agents, employees or service contractors; 2. to consultation services required to be performed under a written service contract not related to a policy insurance; or 3. if any acts or omissions of the Insurance Company, its Elgents, employees or service contractors are judicial determined to constitute a crime, actual malice, or gross negligence. Instruction to Policy Writers Attach the Penns Ivania Notice to all new and renewal certificates insuring risks located in Pennsylvania. IL 0910IHO 291 (Ed. 0181) IL Q2 46,09 91 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES- CANCELLATION AND NONR.ENEWAL , This endorsement modifies inslJ'ance provided under the following: . BOI,LERAND MACHINERY COVERAGE: ,PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE pAFlr COMMERCIAL GENERAL LIABILITY COVERAGE PAHT COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART - This endorsement does not apply to coverage provided lor employee dishonesty (Coverage Form A) or publi employee dishonesty (Coverage Forms 0 and P), A. The Cancellation Common Policy Condition is replaced by the following: CANCELLATION 1. The first Named Insured shown in the Deciara- tions may cancel this policy by writing or giving notice of cancellation. 2. Cancellation Of Policies In Effect For Less Than 60 Days We may cancel. this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least 30 days before the ef- fective date of cancellation, 3. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a poiicy we issued, we may cancel this policy only for one or more of the following reasons: a. You have made a materiai misrepresenta- tion which affects the insurability of the risk, Notice of cancellation will be mailed or de. iivered at least 15 days before the effective date of cancellation, b. You have failed to pay a premium when due, whether the premium is payable di- rectly to us or our agents or indirectly under a premium finance plan or extension of credit. Notice of cancellation will be mailed at least 15 days before the effective date of cancellation, c. A condition, factor or ioss experience me terial to insurability has changed substar tially or a substantial eondition, factor c ioss experience material to insurability ha become known during the policy perioc Notice of cancellation will be mailed or de livered at least 60 days before the effectiv date of cancellation, d. Loss of reinsurance or a substantial de crease in reinsurance has occurred, whic loss or decrease, at the time of eancellc tion, shall be eertified to the Insuranc Commissioner as directly affecting in-forc policies, Notice of cancellation will b maiied or deiivered at least 60 days befor the effective date of cancellation, e. Material failure to comply with policy term! conditions or contractual duties, Notice c cancellation will be mailed or delivered ( least 60 days before the effective date c cancellation, f. Other reasons that the Insurance Commi! sioner may approve, Notice of cancellatio will be mailed or delivered at least 60 day before the effective date of cancellation. This policy may also be cancelled from inceptio upon discovery that the policy was obtaine through fraudulent statements, omissions or cor cealment of facts material to the acceptance ( the risk or to the hazard assumed by us, IL 02 46 09 96 Copyright, Insurance Services Office, Inc" 1996 Page 1 of Copyright. Insurance Services Office. Inc" 1996 4. We will mall or deliver our notice to the first Named Insured's last mailing address known to us. Notice of cancellation will state the specific reasdns for cancellation, 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel. the refund will be pro rata and will be returned within 10 business days after the ef- fective date of cancellation, If the first Named Insured cancels. the refund may be less than pro rata and will be returned within 30 days after the effective date of cancellation, The cancellation will be effective even if we have not made or offered a refund, 7. If notice is mailed, it will be by registered or first class mail. Proof of maiiing will be suffi- cient proof of notice, 'age 2 of 2 B. T,he following are added and supersede any pro- VISions to the contrary: 1. Nc;mrenewal If we decide not to renew this policy, we will mail or deliver written notice of nonrenewai stating the specific reasons for nonrenewal t~ , the first Named Insured at least 60 days bef~re the expiration date of the policy, 2. Increase Of Premium. If we increase your renewal premium, we will maii or deliver to the first Named. Insured writ- ten notice of our intent to increase t~e pre- mium at least 30 days before thee,ffective date of the premium increase, ' Any notice of nonrenewal or renewal premium in- crease .will .be mailed or delivered to the first Named Insured's last known address, 'If notice is maiied. it will be by registered or first class mail. Proof of mailing will be sufficientproof of notice, IL 02 46 09 96 o COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions, A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason, 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us 4. Notice of cancellation will state the ef- fective date of cancellation, The policy period will end on that date 5. If this policy is cancelled, we will send the first Named Insured any premium re- fund due, If we cancel, the refund will be pro rata, If the first Named Insured cancels, the refund may be less than pro rata, The cancellation will be effective even If we have not made or offered a refund. 6, If notice is mailed, proof of mailing will be sufficient proof of notice B, CHANGES This policy contains all the agreements be- tween you and us concerning the insuranee afforded, The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy, C. EXAMINATION Of YOUR BOOKS AND RE- CORDS We may eKamine and audit your books and reeords as they relate to this policy at any time during the policy period and up to three years afterward, D, INSPECTIONS AND SURVEYS We have the right but are not obligated to 1. Make inspections and surveys at any tim 2. Give you reports on the conditions v.. find; and 3, Reeommend changes, Any inspections, surveys, reports or ree ommendations relate only to insurability ar the premiums to be charged, We do n, make safety inspections We do not under take to perform the duty of any person c organization to provide for the health c safety of workers or the public And w do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulatiacs. codes c standards This condition applies not only to us. but als to any rating. advisory. rate service or simil, organization which makes insurance in spections, surveys, reports or recommen dations E PREMIUMS The first Named Insured shown in the Dec lar ations: 1, 15 responsible for the payment of a premiums, and 2. Will be the payee for any return premi ums we pay, 1'. TRANSfER OF YOUR RIGHTS AND DUTIE UNDER THIS POLICY Your rights and duties under this policy ma not be transferred without our written eon sent eKcept in the case of death of an in dividual Named Insured If you die. your rights and duties will b transferred to your legai representative be only while acting within the scope of dutie as your legal representative Untii your legi representative is appointed, anyone havin proper temporary custody of your propert will have your rights and d, ut,es but only wit respect to that property IL 00 17 1 1 85 COPYright In sur anee Services Dfflce. Inc, 1983, 1992 IL 00 21 11 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies in sura nee provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART , PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORT A nON UNDERGROUND STORAGE TANK POLICY 1, The insurance does not apply: A, Under any Liability Coverage, to "bodily in- jury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu. clear energy liability policy issued by Nu- clear Energy Liability Insurance Association, Mutual Atomic Energy Liabil. ity Underwriters, Nuelear Insurance Asso- ciation of Canada or any of their successors, or would be an insured under any such poliey but for its termination upon exhaustion of its limit of liability: or (2) Resulting from the "hazardous properties" of "nuclear material" and wilh respeet to which (a) any person or organization is required to maintain financial prolection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "Insured" is, or had this policy not been issued would be, entitled to indemnity from the United Slates of America, or any agency thereof, under any agreemenl en- tered into by Ihe United States of America, or any agency thereof, with any person or organization, B, Under any Medieal Payments eoverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous proper- ties" of "nuelear male rial" and arising oul of the operation of a "nuelear facility" by any person or organization, C, Under any Liability Coverage, to "bodily in- jury" or "property damage" resulting from "hazardous properties" of "nuclear material", if (1) The "nuclear material" (a) is at any "nu- clear facility" owned by, or operated by or on behalf of. an "insured" or (b) has been discharged or dispersed therefrom: (2) The "nuclear material" is contained in "spent fuel" or "waste" at any lime pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises ollt of the furnishing by an "in- sured" of services, materials, parts or equipment in eonneetlon with the plan- ning, conslruction, mainlenance, opera- tion or use of any "nuelear facility", but if such facility is loeated within the United States of America, 'its territories or pos- sessions or Canada, this exelusion (3) ap- plies only to "property damage" to sueh "nuclear facility" and any property thereat, 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties, "Nuclear material" means "souree material", "Special nuelear material" or "by-product mate- rial", "Source malerial", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel eomponent, solid or liquid, which has been used or exposed to radiation in a "nuelear reaetor", IL 00 21 11 94 COPYright. Insurance Serviees Qrrice, Inc.. 1994 Page 1 or 2 "Waste" means any waste material (al contain" ing "by-product material" other than the tailings or wastes produced by the extraction or concen- tration of uranium or thorium from any ore proc- essed primarily for its "source material" eontent, and (b) resulting from the operation by any per- son or organization of any "nuelear facility" in- eluded under the first two paragraphs of the definition of "nuclear faeility", "Nuclear facility" means: (al Any "nuclear reaetor"; (bl Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) proeessing or utilizing "spent fuel", or (3) handling processing or packag- ing "waste": {el Any equipment or device used for the proe- essing, fabricating or alloying of "speeial nu. elear materia'" if at any time the total amount of sueh material in the eustody of the "in- sured" at the premises where sueh equip. ment or deviee is loeated eonsists of or eontains more than 25 grams of plutonium or uranium 233 or any combination thereof, 'or more than 250 grams of uranium 235: (d) Any structure, basin, excavation, premises or plaee prepared or used for the storage or disposal of "waste"; and includes the site on whieh any of the fore- going is located, all operations eonducted on such site and all premises used for sueh oper- ations, "Nuclear reactor'" means any apparatus de- signed or used to sustain nuelear fission in a self-supporting chain reaetion or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active eontamination of property, Page 2 of 2 Copyright, Insuranee Services Qrriee, Inc.. 1994 IL 00 21 11 94 0 IL 02 6209 THIS ENDORSEMENT CHANGES THE PCILlCY. PLEASE READ IT CAREFULLY. GEORGIA CHANGES - CANCELLATION AND NONRENEW AL This endorsement modifies insurance provided under thE' following: BOilER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph A,1. of the CANCELLATION Common Policy Condition is replaced by the following: 1, The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advanee written notice of caneellation stating a future date on which Ihe policy is to be cancelled, subject to the following: a, If only the interest of the first Named In- sured is affected, the effeelive date of cancellalion will be either the date we reo ceive notice from the first Named Insured or the date specified in the notice. which. ever is later. However, upon receiving a written notice of cancellation from the first Named Insured, we may waive the re- quirement that the notice state the future date of cancellation, by confirming the date and time of cancellation in writing to the first Named Insured, b, If by statute, regulation or contract this poliey may not be eancelled unless notiee is given to a governmental ageney, mortgagee or other third party, we will mail or deliver at least 10 days notice to the first Named Insured and the third party as soon as praclieabie after receiving the first Named Insured's request for eancel- lation, Our notice will state the elrective dale 01 eaneellation, which will be the later of the following: (1) 10 days from the date of mailing or delivering our notice. or (2) The effective date of eancellation stated in the first Named Insured's no- tice to us B, The following is added to the CANCELLATION Common Policy condition and supersedes any other provisions to the contrary: If we decide to: 1. Cancel or nonrenew this policy; or 2. Inerease current policy premium by more than 15% (other than any increase due to change in risk, exposure or experience mod- ification or resulling from an audit of auditable coverages): or 3. Change any policy provision whieh would limit or restrict eoverage; Then: We will mail or deliver notiee of our aetion (in- eluding the dollar amount or any increase in re- newal premium of more than 15%) to the first Named Insured and lienholder, if any, at the last mailing address known to us, Exeept as applica- ble as deseribed in Paragraph C. below, we will mail or deliver notice at least: IL 02 62 09 94 Copyright, Insuranee Serviees Qlfice, lnc" 1993, 1994 Copyright. Isg Commereial Risk SE,rvices, Ine, 1993, 1994 Page 1 of 2 1, 10 days before the effeetive date of eaneella- tion if this poliey has been in effeet less than 60 days or if we cancel' for nonpayment of premium; or 2, 45 days before the effective date of cancella- tion if this policy has been in effect 60 or more days and we cancel for a reason other than nonpayment o[ premium: or 3, 45 days before the expiration date of this policy if we decide to non renew, increase the premium or limit or restrict coverage. C. The following provisions apply to insurance cov- ering residential real property only provided un- der the: BUSINESSOWNERS POLICY; COMMERCIAL PROPERTY COVERAGE PART: FARM COVERAGE PART: if the named insured is a natural person, With respect to sueh insurance, the following is added to the CANCELLATION Common POliey Condition and supersedes any provisions to the contrary: 1. When this poliey has been in effeet for 60 days or less and is not a renewal with us, we may eancel for any reason by notifying the first named insured at least 10 days before the date e,ancellation takes effect. 2, When this policy has been in effeet for more than 60 days, or at any time if it is a renewal with us, we may cancel only for one or more of the following reasons: (a) Nonpayment of premium, whether payable to us or to our agent; (b) Upon discovery of fraud, concealment of a material fact, or material misrepresen- tation made by or with the knowledge of any person insured under this policy in obtaining this policy, continuing this poliey or presenting a claim under this policy: (c) Upon the occurrence of a ehange in the risk whieh substantially iriereases any hazard insured against: or ' (d) Upon the violation of any of the material terms or conditions of this poticy by any person insured under this policy. We may eaneel by providing notice to the first named insured at least: 10 days before the effective date of ean- cellation if we cancel for nonpayment of premium; or 45 days before the effeetive date of can- cellation if we eancel for any of the rea- sons listed in (b), (c) or (d) above, Page 2 of 2 Copyrighl. Insurance Serviees Qrfice. Ine.. 1993. 1994 Copyright. ISQ Commercial Risk Serviees. Ine. 1993. 1994 I L 02 62 09 94 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'i~~"'(' ,.:y:'t00'\'r'( ,t:;,9~:,Y1' ,';~;_ :'\:'::;'7:;:)f\ "\, ,'. -'" ~i':~r'-fT-" 1-c::'_ nT;:'),\ :1 -, ,_' ,d ,,,;~~Z~N8 .~~t}NGES'~'CA1\lCeCL2A110N;:;;',," rc.;" 'fit., 9~;"'i--~: ,,"~J;;>i'j l\I'ONRENEW;AL"';"''.';'''''n ,i,) 2i)i~ ,'. 'H.;Y<:I-"'''~:iYl' ,T' ,~> ::',:)\.::/:'\ "'.0 ()IX':-';; ::rt:~L,i';:~('-,,)-- <i,i'n"-;:r'.R.Y', i"hi~: ehd~'~~&bt'~6at~~'S'~%)~~Dll~"pr;;vided unde/~~~~'.f:bll~~:~.'~:O' I"'" . 1:&':,Y~~joq Ii':;. '/sn~,: i~" ),-' ~".,...... ,..; ,-'4"';'( i61'~2):l:Fr' ,v ':::, ~_:t1' ',. ~" :":. .... ".',.).aOILiin-o M~GhUNel8Y-g;QVEEitAGE'/PART .~-' ':'~~' . IAnl~i~;/1~'BtY,~"It1!'~ART*' ."', "" \cCOc' ."~, IlSlI't..",j,v.. ,A' -,,~"'Il.'IU,:\t:m' Y~' V ~G' AE'GpEARP~R""T,. " to ~~ rA" ' " , I': ..... ;. l tL 1f.;:1-1;i};\::: 12 COMI\iIERCIAL'lP-ROPEPl ' .e ,.' e ' <SE ,"ART ': '2 e, ,FARM!(lQ~tA@E~I'FF\(l1SdV"! i.' " ,i " ,. ._ 'UIGlUCS. fllli'8lt!tl:!l:)~\;fEIil.A<3i!';l'?~Rlk "", '!k!Ff"iC',: ,f'6)lLU'l1l01)!~1~I!fY'\IS~M~flAG$ RART " ,,? , F!'l,PRMg1~~~P~L~+iF,~S~~EA~ T1.9N~\ LIf'.BILlTY COVERAGE PART l)i; Il ,'C '.:. ,- <~-'<~'!:~E, 'c"':l'{j"~OI)'f(j ;_h'_"!'~~"i__.'i"3;:> ffl"cr , -I' ,:,.;,.:"'" ~f,; ":.i tl():.-y-t:r';t:r;......,.."~~{:.. :. .. This ef1dor9~l'1i!6jltll!fdeS 'f10l-lapply,to:coverage provideQ focernplo~e ;di$hllPesi:v.(C~It6;.age Forn J})ri(,lr:,iI?Ub!}8~~Jp&~f/va\l!rOe~;tt.d9~v~Fage Forms Oand'P), ''''''...;!' " :,"" ."')'3 A. '.The dollawiilg is' addlld~tctith8'c&ANI3ELt.A- ' h. :A:cts' "orl uomissic\h~'" by"'')4lU' or youl TION :;~mO:C!lO"Poticy':,Condjtron (amcf:~:app'lies rllpr~llntatil/e whiorn.ll'l'\atercia/\y increaSE .except)n sl&~t~9nsc,!"here B~",8:eI9\!Y' apP!les): the.f1a~~f,d'-,II:tsurEld,;agalr>s~ c.' 'l..,..,eanael.lati, 'omOfe.? ,0Hoi.9S. ';,.In"Effe1:t.. t;',F;or 601!W~:'ear;ce1'~thfSr;>i)lrc:.y,;D~~d ',\:>n one 01 'el' DaY'S 0m-Mbre "N. ".;,', '''',!\ '''''F': -,more' qf', tRilc'lIbbviJ' rmei\!i!' liVe will mai .. '. J Iffuls.' &1~.:!V~" i.it). '~'nl. i&'M.feh.'t'""f,,'.or 60 ,...b~.. certlfI8a)ffiaif'1to."tne;lI!'S~~''Na~ed In- s""dai,fs',of'rn~..\e;'''b'r 'if~l1i$:,'p~if~V.i$ a re- su;.ettde, a~, mallf to thell :;li'ge~; y atnhy ", .' neWa'r"D1H :;r ,B.~flM "~,.islw~~"W\9 may ".;w"t ~,Jl""'",e,Q.t I'=~o~ a",.<:,ln0~a,lng ,E canoel thiS-poliCY' only 'for' erfeot morerea~QnS" f~'.ca!lllella~I~Jill:" V':I.fJ wljJ;;l\l!laTI thiS , of.thedtW.1c!lwl/i1t:l reason-s:' -" .; ,', cr>Q~e w'hll:lall!' m~lIl'lg,addr,il:9$e.$Jknowr " ",,}tOti,U~ fTf ,{q"f" ....' 'nc, 0'.... . ,t.():us;,'at ,1e.aJl.t: "_no'') "()' ::"',...~f;." S.' nt-i Y e, t',opr~m~~~;, ,t" ,;'; .'. a:;l'O'i:lill'_S"bef&etf\eL\9ffe6-We->~ate 'Of b:,XQf!["s;qpvIStlp98f,ca,ol;.lmElartS/D9 'Out ,.. "C'llrlcelfa'tioh"'if "WecE!ancel J~r, f1onpay- , . Of 'ac:ts Increasing tFle" Hazard Insured ment of premiUm. 'cd i5 cagail!\S.t,<'! '21:""-,, SJ,,' .":' " . 'fl.' 60 'CIa "s"bElfeterJthe..'eff);icti..fe date Of c. Acts 'Or ,o,missi'Ons by,"you 'Or your , "'can&tfatibn 'l'f'wli~'eiihcE!P f'Or any 01 representative ..,constiltutl1'1g "fraud,' 'Or the' bttier;'fe~so'nS'i"",,~';rj{: , material/rnisreprss,entatic:wv in. the pro- B'. If' h 'c', iff" '''-',:~ - ........ i~'" j<\ 'cure"m. .e. nl".!O. f ,this' 'f)olicYi' ,in, cO"iitinuing }, ~,' "C!l'r1,,' .erC'd_.:. ',,''-';'.''.t ,p. e ,.'.,,1' "0. verage Pari this, polie.y Cllr' int, preseotiliga claim or the -Fa~r)'1,.. Ptop~rty ,;l?/SYtlra ~ Form pro- "u~e~'this'potrey; ...~ChO,"'- v!des cdVera9'eifer;'. . '" \" '. '.' d,.S.I.!. bSta. niialc. h..'.a,h~e. 'ih'l.h~.'!'.hsk;'a~.sumed 'l~:l'ea.~p'r'~P!lrW. ;'W.Iii.Cfifl.s2u~e. d.;P.t,~.. d.,...9I'i!fnantt\ e.xi:~'pf Ie tW ex.tElt'\t'l~ii: 'I'Ieshould for:re$,ldi!^R!,IFl~"iJj".piSe~" aBl;!;t;O\,SlstS '01 b~e, ~ea~l'na~,1.v,;tor'e,~el#l!"Jh!l',:change one lh/'bugl'i fdur 't!Wil'"~~ :~nl~S!. 'an'dft'lr or contemplated '1M risk In whllng tne 2. r;>ersonal property lexcep"i\ :'\!:i~~~' 01 contract; . " ~. far,m ,pers_loproperty) oka "per~rr re.. e. Substantial breaeh of eontractual duties Sfdin~l' In, S1;Jcl1. real pr'Operty;, . or conditions; .'.IREl~fOfr:ciwri1'9 .i:lrovi$lon;$ ',fpp1y :1i~S(ead 01 f. Loss of reinsurance applicable to the .- ,t~?S~ prOV,IS'e<;l, Inftjlm '~.at;lc:i'1,jl):~th re- risk, Insured against resuitfng from :.SP~c,t to,~a~,ceHatl?n OLS~Ch,r,?~~:.~,~e term!nat!Cn of, treaty 'Or faoultatlve ' IfN'!Spolt,cY'~as be,er>,-Jncel~e9:t fQr, ,80 daYl relnsl!rance Initiated by our reinsurer or more, or IS a renewal of a poTIcy WE or reinsurers; Issued, we may cancel only for one or mOrE g. Determination by the Director of In- of the foil oWing reasons: surance that the continuation of the a. Nonpayment of premium; policy would plaee us in violation of the Insurance laws of this state or would jeopardize our solvency; or ,. o:'};:: ,~~ ], ,';, ~""', ;.;<~ It'"':;: ..\:1 '1'\' .: ,,~~; i i ,;,,;:-,;:-, ;,'';1 ILO:2 58 07 89 Copyright, insu~an~e .Se.rvices Qffioe/lno., 19'8.9, ,1992 Copyri,g!;1t, ISO C'Qmmercial Risk Servioes, lr>e', J989,. 1992 Page. r of, 3' :'1 .; JU={3~~' /-.~) ~n 0 1.\ '~:1, ~;;)~, ":-1.~"'t . '/ ,;r b. Your conviction of a crime arising out 2. If notice is mailed. proof of mailing will of .actSt!~'&,as~g ~ the;; hwrt..infur!!d .;; ~,:';: 1b;lil!l~ff[ciert~ Pg'9f A-~ l,)otice, agaJns~\..JII. , '" .,"... '.'.' . .~''''.3:lr.~ither oM of th'il'fbllowin occurs, c" tEl~~e;;~~ta~i~~ssig~~st~~tW,~~fat?JA~fH~:;.. :V1 ;jf!:~{!fn~~~r~~~i~~: to provi:Pe written material. misrepresentation in o~taining a. We or a cOr'!'1pany within the same the policy. continUing ~ J),9!'.'1Yi :or,;~ "insurance gro'upchlf$ ,ioHef.ed 'to' iSSue prese~tlf)g .<1 claim unaer~~he polley, a renewal policy; Or d. Dis!=overy of grossly negligent acts.o~ b;' You hav.e~. ,al;ltliln~d...:vrs~t.e..m~nfi:ov- omls~lons by you suE:lstantlally In. era,ge or' agf.e'Bcf:;lnc:~'~,to;.do 50, ;~:f;~~,g any of the hazards Insur~d,D. 1.1. fhec~M'~Ei:;>~;ja\;~i.~~~ i~\('~'-1"~~g~Part e. Substa~tial change in the risk assumed' " ,'~rd:~!leG~~~~~t\~$iI,~,:~~v1~~;'t\i1"i~PrO- ~~c~~t f~nc;'e t~~tCn~II~~at~e I;~~~?d 1. re~i, prqpe~tywb~~~~ ~;'~~~01nantIY reasonably have foreseen the change for 'resldiliitlal'~'Pu~dQs!EillIlCl I!lOnslStS of or contemplated the rjs~, in Vl(riting tlie o~:,t!V:~\jl!lRi.f~!Y?~~ ~(lfIits;J_aifdf!or contract.,:, 2. J5er'sot'lal"':pFoo~?iy:J'1~de1p( i tldsl~e~s or f. A dlilterminatiol1, by the Director of farm p.ersonaf property) of a person re- I lie;- " "Pslli1'Sl1r.anOlJ,'tfillltr'tHs E'C(I1r'\tinuation' c#!:cthlil Siding 'iln,'$,uch;,reabpropsnty: ''X" :,' , policy would place us i,n jji'otatlon-' ot' the . 'falI6W'il;g0i!irovi'Slo'il~"app1Y<:t'lfnstead of lUOY ,(> tbS4'nwral)g~~w~,-of,Ymi,!~tate;' or thOS$',fi)OOvidil,Nnc,itehl 0; ;,'<IDOl/e), with:, re- 6i_7'';-':J9'. ',V'ouf>ifMIUl'Il''tO -ta~erll'asonllble steps spect,tol nanret'leWal'iDUluchccverage, : to IlUrnloateo'<i':.redu1Nl' othy:'eonditi<?ns "1. If ,V;ift9$iacR net' 10' 'i'eli"EiiN.' we'''witl 'mail '.c' ~n(. ,,~\'I ~.,9~'y~@' :;I'1.~~~e~Jp.r!!ml$.es which ,writtennotice"otrionc.enewal, ,t01Ethe,'first liStYf!liW'~1'ilm;,~,I~\i,"di!O~i1 Uk tl!\~ol?ast or Named Insured. We will>1'nail this; notice - <11 bVr-,sWol! .:I\'l,"r\!,,~e <:,\ftE!\:~~~Awty:of; future to tl;)el!l5c1 m"i1i[1g,,addr~~knpwn to us. '.~J~'" TI,lP,~"elij, 0. ".,. ~-"'. .1:.,._ at. laa,!;t,,30,paY$ ,,baf9r~\.;the.; el1c:f"of the ..rj;,9(.fG~enoa1i\ellt1t1li?s drQIiO'7'~etl;!<b!,\lone orP9li~t ~erl04.. Pr901 t;l,T '-mall,ir~ win be Birjl !18m&~' ~"tlll'll~!liii+llllCClris)t w&"'will mail 'SLi,ffJet:antpro,of 0.1 t:lotICllli, ;,:!" ~,t'~;,):~vII~lM)l~tj~Ill!~f' d.l'-\b~lIli.tr~h;';statlng the 2. If' either' one, of : th~ '.,fl:.Ua,wing , 0ccurs. ",'" , reason(s)., for cancelliltlol'l""to-the first we are "nqt ,reqUlred.~p,'p~qYlpe, notice .0, il!'~,~" '1~' HrSP1, W~i~III<..,I1li!IIJtrll~8notlce of nonrenewal,:. ' " . "qrl Q · st:,mallin9 ,'ddif'.''''','KJ::\Own to us, ".. ".. .- '. .'. ," ,." "", , ' :;~ ,(taa'!:'!: ,.."'J :;L,,:;,- ~;,v'T:"~ ;;,,;t yoo:,hav~ agr~e,d t9.rio.t:l~eii~:-:yal; or T6~is;, ,J~I:J,O;igaY~'lb@f@r!l,.jt~'!l.ffJt(:... tiv~ date b, ~~~ :. ave. accepted replacement cov- ~d ',1,~ 1c-l ~::>;q,aJlc!l1hatl~~!hsVi:Ei/,pancel for, 9 '" ,':,' " 'nonpaym@J,l!,_pJ9pr~!urn."" 3. If ournonrenewal 'is.'based ,on the con- fit 9. ~,)h~~II!~ '~, '{k"b,el. ~fot~~\...~\~!faC,ljv,el dfat.'1 ~. igo dn a: yof s:.~~t;ge.r-e~is;;~i~~~';;;.:." i~~n?'f~:d . ~1~' H"('" Ql., ''''l'naIIOry" ,I.TJ w,!l, ..canGe.. or d' . If th 'd ti' d' d't' .~ <,." .,~ ""a;;' bf "ihe'1otf,~.rsQns," .' ., con Itrons,,' e I eon,;le ..'.con I Ions y .." .~, '.. are remedied coverage Will be renewed :~.' ",iPil!l'J;f9!'Q't"!r,1.,g:ds~a9P~~...aO!l,~~p,er.S,\lgeS any It t.h.!! id. egti~ie.. d.. ,.cqpd.. iti...ons,.'f31:.e ,p. ot reme- L . Pf8'y~\Qn. >.1P-.l.I~4t,.~t,r;ilf.. \tk~!'l.,.et. ....pp,II.EiS._ ,except dle..d .to ,o....ur,.,-Il...<!ti$factlon,.yoo....w.. ".111 be given '.lf1,~~,uaJ\9~,$ ~wf,i!lr~,Jl~ ,QelQ;W"rappll,,^s): an'addiW;>n~r;30 1ays, 'LlPdnpayment of \6,t:I~!:\5.~WtJ-,>;";i:"n')", 'Si'.CW';" ~b~mium,t9 i;f9rral:\t the.f:ll'lf;ec~\ve condl- "9' -1){lflWef8Itlct'ml'il01<1isf,;M21hll; 'I'CilIf-cy, we '; " ' will maii-b'fl:lc-ertitied':,I';(air1i to'iI~ first V7\:\;!:'!~. medv,i'i\$llrep',l'rnm..'f" ,}O. '.".'\ge. Alg@m.lf .,~ '-jjjji\qY,eW5:ttfel),e...nq;fjOf! of ~~~",#\loc\jWe ,..\IIllI1..;miltfi,ttiLS f1ottc~!,tQc ,tlJ,e.. Jllst.,I,l1,a.I.llng ,.'addi"~ses',kJnowntous ,at !!;last 60 ,Qays ' h'"') tl~tr()~ to::'tillll" ~J;lf'-ati'6ri 'of thi'S<pdlicy,l :;~::,..rY~~)~::~,~,:~:~ Ji'i....:~ (\1~;., ' . ,:;,._:~~" '."-..~:._:, :~;,:; <_,';0 ,,~,\:,. . '-'.-'u-:<. ,< ''''~~_i;'~B--:'::' :'( ';:~>f'\.'; P.age. 2 Of,H3i Cdpyrignt;: Insunlf1ee S&rvlees Qffice If1C, 1989, \992 IL 02 5807 89 . ;'C6pyright. ISQ Commercial Risk Services; lric, 1989, 1992 o '.1 E. The following Condition is added: RENEWAL 1. If we elect to renew this policy and the renewal is subject to any of the follow- ing: a. Increase in, premium; b. Change in deductible; c. Reduction in limits of insurance; or d. Substantial reduction in coverage; we will mail or deliver written notice of the ch,lngels) to the first Named Insured, at the last mailing address known to us, at least 60 days before the anniversary or expiration date of the policy, 2. If renewal is subject to any condition described in 1.a. through 1.d, above, and we fail to provide notice 60 days before the anniversary or expiration date of this policy. the following procedures apply: a. The present policy will remain in effect until the earlier of the following: iii 60 days after the date of mailing or delivery of the notice, or (ij) The effective date of replacement coverage obtained by the first Named Insured, b. If the first Named Insured elects not to renew, any earned premium for the period of extension of the terminated policy will be calculated pro rata at the lower of the following rates: iii The rates applicable to the termi- nated policy; or (ij) The rates presently in effect c. If the first Named Insured accepts the renewal. the premium increase, if any. and other changes are effective the day following this policy's anniversary or expiration date, IL 02 58 07 89 Copyright, Insuranee Services Office, Inc, 1989, 1992 Copyright. ISO Commercial Risk Services, Inc, 1989, 1992 Page 3 of 3 ~ General Accident Insurance Policyholder Notice Notice To Our General liability Renewal Policyholders Important Changes in Your Policy Dear Polieyholder: This is a summary of the ehanges found in your General Liability poliey. All of the forms listed below may not apply to your poliey. Check the list of forms and endorsements on your Declarations for those that apply to your policy. No coverage is provided by this Notice nor can it be eonstrued to replace any provisions of your poliey. This Notiee is not part of your policy. You should read your policy and review your Declarations for complete information on coverages and exclusions. If there is any eonmct between the policy and this Notice, the provisions of the policy shall prevail. The areas within the poliey that broaden, reduce or clarify coverage arE! highlighted below. If you have any questions, please eon tact your Independent Insurance ,tigent. BROADENINGS OF COVERAGE CG 00 54 -- Amendment of Pollution Exclusion - Exeeption For Building Heating Equipment This new endorsement amends subparagraph (1)(a) of the pollution exclusion to provide coverage for certain bodily injury arising out of the release or escape of smoke, fumes, vapor or soot from building heating equipment. CG 00 55 -. Amendment Of Other Insurance Condition ( Oeeurrence Version) CG 00 56 .. Amendment Of Other Insurance Condition (Claims-Made Version) These endorsements amend the OTHER INSURANCE Condition in the CGL poliey to make an insured's own CGL eoverage exeess insuranee over the insuranee provided by any other liability policy when that same insured is eovered by that other policy as an additional insured. In those limited situations in which these E,ndorsements apply, there will be a slight broadening of coverage under the policy of the named insured who is providing additional insured status, sinee sueh poliey will now provide primary insuranee coverage to an additional insured, even if that additional insured has other primary insuranee. (See also Restrietions Of Coverage) CG 21 55 -. Total pollution Exclusion With A Hostile Fire Exception This new endorsement excludes all pollution related liability, except sueh liability arising out of heat ,smoke or fumes from a hostile fire. This hostile fire exeeption does not apply to any premises, site or location used for the handling, storage, disposal. processing or treatment of waste, or to any eontraetor's site where the contractor's operations are to test for, monitor, clean up, remove, eontain, treat, detoxify, neutralize or in any way respond to, or assess, the effects of pollutants. To the extent that this endorsement is used instead of Total Pollution Exclusion Endorsement CG 21 49, a broadening of eoverage will result. If endorsement CG 21 49 had not been previously attached, use of Total Pollution Exclusion With A Hostile Fire Exeeption Endorsement CG 21 55 will result in a reduction in coverage. Includes copyrighted material of Insuranee Services Offiee, Ine., with its permission. Copyright, Insuranee Services Office, Inc., 1996 L.3350 04.97 Page 1 of 5 RESTRICTIONS OF COVERAGE CG 00 55 .. Amendment Of Other Insurance Condition ( Occurrence Version) CG 00 56 .. Amendment Of Other Insuranee Condition (Claims-Made Version) These endorsements amend the OTHER INSURANCE Condition in the CGL policy to make an insured's own CGL coverage excess insuranee over the insurance provided by any other liability poliey when that same insured is eovered by that other poliey as an additional insured. In those limited situations in which these endorsements apply, there will be a slight reduction in coverage under the policy 01 the named insured who is being added as an additional insured on another policy, sinee that named insured's policy will now provide excess rather than primary insuranee, On the other hand, however, sinee primary coverage in those situations will be provided by another policy, the insured's limits of insurance will be less likely to be alfected by losses eovered by the other policy under its additional insured endorsement. Coverage provided to an insured that is not named as an additional insured on another poliey will eontinue to apply as primary insurance. (See also Broadenings of Coverage) CG 2137 -. ExClusion - Employees As Insureds Currently, endorsement CG 21 37 excludes employees as insureds under the CGL policy. This endorsement has been revised to amend the "Aircraft, Auto or Watereraft'" exclusion to indieate that liability arising out 01 the OWr1l!rship, maintenanee, use or entrustment to others 01 any aircraft, auto, or watercraft operated by employees of the insured is excluded. Additionally, the exception to this exclusion that deals with the parking 01 autos on, or on ways next to, premises the named insured owns or rents has been amended to add relerence to autos not owned by or rented or loaned to employees of the insured. For policies to which this endorsement is currently attaehed and will eontinue to be attached, there will be a reduction in coverage to the extent that employees operate autos, aircraft or watereraft that are not owned by, or rented or loaned to any insured. CLARIfiCATIONS OF COVERAGE AND OTHER EDITORIAL REVISIONS CG 20 33 -. Additional Insured . Owners, Lessees Or Contractors - Automatic Status When Required In Construction Agreement With You New endorsement CG 20 33 provides a mechanism by which eertain persons or organizations are added automatically as additional insureds to pol ides 01 eontraetors or subcontractors as required 01 the named insured under a written contraet or agreement, without being required to name such person or organization in the endorsement. Coverage under this endorsement applies to liability arising out 01 the named insured's ongoing operations performed for the additional insured party and does not require that there be a hold harmless agreement between the parties. Liability arising out of professional arehitectural, engineering or surveying serviees is excluded, CG 20 34 .. Additional Insured . Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You New endorsement CG 20 34 provides a mechanism for lessees to provide additional insured status to lessors of leased. equipment, when required in a written lease agreement, without being required to specifically name such person or organization in the endorsement Coverage under this endorsement applies to liability arising out of the named insured's maintenanee, operation or use 01 leased equipment. Liability arising out of an occurrenee that takes plaee after the equipment lease expires and liability arising out the sole negligence of the lessor are excluded, CG 21 56 - Exclusion. Funeral Services This new endorsement (whieh replaees existing endorsement CG 21 16 -- Exclusion - Designated Professional Services) clarifies that liability arising out of errors or omissions arising out of the handling, embalming, disposal, burial, eremation or disinterment of dead bodies is excluded, L-3350 04,97 Page 2 015 Includes eopyrighted material of Insurance Serviees Office, Inc" with its permission. Copyright, Insuranee Services Offiee, Inc., 1996 CG 21 57.. Exclusion - Counseling Services This new endorsement (which replaees existing endorsement CG 21 16 -- Exclusion - Designated Professional Services) clarifies that liability arising out of advisory services or eounseling with respect to such things as mental health, erisis prevention, social services or drug and alcohol rehabilitation or similar subjects is excluded. CG 21 58.. Exclusion. Professional Veterinarian Services This new endorsement (which replaees existing endorsement CG 21 16 -- Exclusion - Designated Professional Servieesl clarifies that liability arising out of the following serviees is excluded: . Diagnostie testing, surgieal or dental procedures used for the prevention, detection, diagnosis or treatment of any sickness, disease, eondition or injury in animals, including the furnishing or prescribing of drugs or medical, dental or surgical supplies; . The rendering or failure to render any advice or instruction on health maintenanee; and . Errors or omissions in the handling or treatment of dead animals, CG 21 59 -- Exclusion - Diagnostic Testing laboratories This new endorsement (which replaees existing endorsement CG 21 16 -- Exclusion - Designated Professional Services) clarifies that liability arising out of the following services is excluded: . Medical or diagnostic testing, techniques or procedures used for the detection, diagnosis and treatment of any sickness, disease, condition or injury or the evaluation of a patient's response to treatment; or . The reporting of or reliance upon the results of sueh medical or diagnostic testing, techniques or procedures. CG 22 33 -. Exclusion - Testing or Consulting Errors and Omissions This revised endorsement adds new paragraph 3., which excludes liability arising out of an error, omission, defect or deficiency in experimental data or the insured's interpretation of that data. CG 22 74 -- Amendment Of Contractual Liability Exclusion For Personal Injury Limited To False Arrest, Detention Or Imprisonment For Designated Contracts Or Agreements In order to clarify that: . The payment of defense expenses, on behalf of the insured, under personal injury liability eoverage, when the insured has agreed to a defense obligation in the designated eon tract or agreement; and/or . The providing of a defense to an indemnitee under certain circum,;tances with associated defense expenses being paid as Supplementary Payments applies to personal injury arising only out of the offenses of false arrest, dettmtion or imprisonment, endorsement CG 22 74 has been amended to list the applieable offenses in the exeeption to the exclusion, rather than in a revised definition of 'personal injury". L-3350 04.97 Page 3 of 5 Includes eopyrighted material of Insurance Serviees Offiee, Ine., with its permission. Copyright, Insurance Services Office, Ine" 1996 CG 20 09 .. Additional Insured . Owners, lessees Or Contractors. Scheduled Person Or Organization (For Use When Contractualllabllity Coverage Is Not Provided To You In This Policy) CG 20 10.. Additional Insured . Owners, lessees Or Contractors. Scheduled Person Or Organization The tides of these endorsements have been revised to more aeeurately describe the intended use of the endorsements. CG 24 10 - Excess Provision. Vendors This endorsement has been revised to delete the referenee to the Commereial General liability Coverage Part, sinee new endorsements CG 00 55 and CG 00 56 (also contained in this filing) amend the Other Insuranee Condition of the CGL policy in basieally the same manner that endorsement CG 24 10 does. Endorsement CG 24 10 will now apply to the ProducWCompleted Operations liability Coverage Part only. CG 25 03 .. Designated Construction Project(s) Ceneral Aggregate limit This endorsement has been revised to specifically set forth whieh Aggregate Limit will apply with respeet to a given occurrence or accident. The determining faetor will be whether or not the specific loss can be attributed to a specific construction project. In addition, the language of the revised endorsement now explains that a "separate aggregate limit for a separate projecr' does not apply when a loss cannot clearly be attributable to a speeifie construetion project. The major changes to this endorsement are outlined below: . The title of the endorsement has been ehanged to refleet the basie ehange being made in this endorsement from a "blanket projecr' basis to a "designated construetion projecr' basis. . New paragraph A. indicates that each designated construction project is subjeet to its own "Designated Construetion Project General Aggregate limit" in lieu of the General Aggregate Limit shown in the Declarations of the policy. The "Designated Construction Projeet General Aggregate Limir' is equal to the amount of the General Aggregate limit shown in the Declarations of the poliey. However, each such "Designated Construetion Project General Aggregate limir' will be reduced only when damages resulting from losses under Coverages A and C ean be attributed only to the ongoing operations of that spedfie designated eonstruetion projeet. . New paragraph 8. indicates that payments made under Coverages A and C which cannot be attributed only to ongoing operations at a designated eonstruction project will be subject to the General Aggregate Limit in the polley Declarations. . New paragraph C. states that the "Designated Construction Projeet General Aggregate Limit" does not apply to bodily injury or property damage included in the produets/completed operations hazard, .. New paragraph D. clarifies that if any construction project has been abandoned, delayed or changed, it is still deemed to be the same construetion project. . New paragraph E. states that any provisions of LIMITS OF INSURANCE (Seetion III) not modified by the endorsement eontinue to apply, CG 25 04 -- Designated location(s) Genera' Aggregate limit This endorsement has been revised to speeifieally set forth which Aggregate Limit will apply with respect to a given occurrence or accident. The determining factor will be whether or not the specifIC loss ean be attributed to a specifie location. In addition the language of the revised endorsement now explains that a "separate aggregate limit for a separate location" does not apply when a loss eannot clearly be attributable to a specific location, The major changes to this endorsement are outlined below: Includes eopyrighted material of Insuranee Services Office, Ine., with its permission, Copyright, Insurance Services Office, Inc" 1996 L-3350 04,97 Page 4 of 5 The title of the endorsement has been ehanged to reflect thE? basie ehange being made in this endorsement from a 'blanket location' basis to a 'designated location' basis. . New paragraph A indicates that each designated location is subjeet to its own 'Designated Loeation General Aggregate limit" in lieu of the General Aggregate limit shown in the Declarations of the poliey. The 'Designated Location General Aggregate limit" is equal to the amount of the General Aggregate limit shown in the Declarations of the policy. However, each sueh 'Designated location General Aggregate limit" will be redueed only when damages resulting from losses under Coverages A and C ean be attributed only to operations of that specifie designated location. . New paragraph 8. indieates that payments made under Coverages A and C whieh eannot be attributed only to operations at a single designated location will be subject to the General Aggregate limit in the poliey Declarations. . New paragraph C. states that the 'Designated location General Aggregate limit' does not apply to bodily injury or property damage included in the produets/completed operations hazard whether or not such eoverage is indicated in the poliey Declarations. . New paragraph D. provides a definition of 'location". . New paragraph E. states that any provisions of LIMITS OF INSURANCE (Seetion III) not modified by the endorsement eontinue to apply. .,._.'C _ CG 27 10.. Supplemental Extended Reporting Period Endorsement With Amendment Of Other Insurance Condition CG 27 11 -- Supplemental Extended Reporting Period Endorsement for Specific Accidents, Products, Work or Locations With Amendment Of Other Insurance Condition These endorsements are introduced in order to be eonsistent with the language eontained in new c1aims.made endorsement CG 00 56 (also eontained in this filing), whieh provides that coverage provided to a named insured who has coverage available as an additional insured under another policy will apply as excess insurance. With the introduetion of endorsements CG 27 10 and CG 271 1, endorsements CG 2701 -- Supp"~mental Extended Reporting Period Endorsement and CG 27 04 -- Supplemental Extended Reporting Period Endorsement For Specific Aecidents, Products, Work or locations have been withdrawn, Includes eopyrighted material of Insurance Serviees Offiee, Inc" with its permission. Copyright, Insuranee Serviees Offiee, Ine., 1996 l-3350 04.97 Page 5 of 5 2iT= 436 Walnut Street Philadelphia PA 19106 (215) 625.1000 General Accident Dear GA Insured: Who cares if other people commit insurance fraud -- it doesn't affect me, right? Wrong. You pay for it, often through increased insurance premiums. As a leader in the property/casualty insurance industry, Gene"ll Accident Insurance understands the costly effects insurance fraud has on our customers' premiums. That's why we, in cooperation with your Independent Insurance Agent, are solidly committed to combating fraud and protecting our policyholders. At GA, we have taken a strong stand against insurance fraud by establishing Special Investigative Units in nearly all our Branch Offices. Our investigators work with IDeal law enforcement agencies to prevent, detect and fight this ever-increasing problem. We employ experienced, qualified professionals" many of whom have worked in law enforcement at the local, state or federallev,el. Also integral to winning the war against fraud are our claim representatives. These professionals refer suspicious claims to the Special Investigative Units, initiating the investigation process. Without their involvement, our investigators could not perform their duties effectively. In addition to hiring former law enforcement professionals, we have established an effective working relationship with various law enforcement agencies, fire personnel and State fraud Bureaus. Using this network of authorities, we are able to share information on fraud and prosecute the guilty parties. GA and your Independent Agent are committed to fighting insurance fraud and do so by offering our customers a GA 24 hour, toll-free hotline. If you are aware of, or suspect insurance fraud, please call us at 1-800-365-4885. All information may be left anonymously. Together, with your help, we can make a difference in reducing fraud. Sincerely, 1~?Z-R-. frank J. Coyne President G-S65812,94 General Accident Insurance Company of Amp.rif~a, The Camden Fire Insurance Association. Potomac Insurance Company of Illinois, Pennsylvania General Insurance Company. GA Insuranee Company of New Yark, General Assurance Company, PC Insurance Company of New Yark ii1:11 General Accident Insurance TNSUOED ANO MAILING ADD~ESS CUMbFRLAND ll!STRlbllTION SER'dC SEF ~5353 ~023 EAST TRTNDLF RUAO ~ErHANICS8UkG PA 17L55 'lILL PLH!: TWELVE- PAY INSTALLMENT SCHEDULE FOR POLICY: PLP0432721-02 RE~FW GROSS SURCHARGES PPE~!IlIM 14,~05.00 0.00 INSTALLMeNT FeE S L.OO ~FFT TRANSACTIllN GRDSS OATE PkE~IUM ,fOl/08 PREMIUM 1,208.75 ~lQll~~__!QIAL_Q~f_______________1L~QE~Z2__ ,fOl/08 PREMIUM 1,208.75 ~LQll2B__rQI'L_QUE_______________IL~QE~Z2__ .101/08 P~EMIUM 1,208.75 .lQIL2B__!QI'b_QQE_______________IL~QB~Z2__ 7/01/08 PRFNIUM 1,208.75 !LQIL~E__!Q!'b_QQE_______________IL'Qh~l~__ 101/08 PREMIUM 1,208.75 .lQll2B__rQI8b_QQE_______________IL~QE~Z2__ -/01/08 PREMIUM 1,20".75 ,LQll2fi__!QraL_QUE_______________IL'QE~12__ ,/01/9S PREMIUM 1,208.75 .LQIL~B__:Q!ab_QQE_______________IL~QE~Z~__ 101/08 PR~MIUM 1,20~.75 LQll2a__!~I~~_QYE_______________ILZ~E~1~__ SUPEn crpy HA~?ISbURG B~A~CH OFFILE 100 CDkPU'ATl: CENTER DRIVE CAMP HILL PA 17011 PRQOUCI:R 4271041 SEDGwICK JAMES OF PA II\C 303 wALNUT 5T P 0 ~D x 1675 HARRISuUI<G PA 17105 PGLICY TERN C~/Ol/qb TO O~/Ol/o9 ~~IOUNT : T~A:-'5 EFFECTHF DATt:: 14,~IO~.OO ( ~/Ol/qc ~~ou~n DUE 14,505.0L O'IUI'-JR ii1iT:. General Accident Insurance INSUPEP ANn MAILING ADDRESS CUf"BERLAND LISTRItlUTION Si:RVIC SEE C,5351 5023 EAST TRINDLE ROAD 'ECHANICSBURG PA 170~~ "ILL PLAN: TWFLVE PA Y INSULLMFNT SCHEDULE FOR POLICY: PlP0432721-u2 RENEw I' F F 1 Tk AN SAC II o~: G R 0 S S nATE PRE~;I\JM .2/01/08 P~EMIUM 1,20P.75 ,,!Q!L~a__!QIA~_Q~E_______________IL~Q~~12__ 1/01/09 PREMIUM 1,2u8.75 !l!QIL~2__IQIA~_Q~E_______________!LZQEAZ2__ '2/01/09 PREMIUM 1,208.75 .,!Q!L~2__IQlh~_Q~E_______________!LZQE~Z2__ 3/01/09 PRFMIUM I,20P.75 ,J!Q!l~2__IUIA~_Q~E_______________ILZ~E~Z2__ NSUREf1 COpy H4KRISbl'I<G RRAhCH iJFFILF IOU ([';;'PORATI: UNlER OklVE CAMP HILL PI. 17011 PRODUCtR 427t.41 <; E 0 G" I (I( JAM E S 0 F PAl hC 303 WAL~\U1 S1 POBOX 1675 HARRISbURG PI< 17lU5 P ClIC) IE Ri'", O~/Ol/no TO 04/01/99 Ai'lOU NT: TKAN~ FFFECTI"i: DATi:: 14,5u~).C0 04/01loe U4/2l./'JP COMMERCIAL GENERAL L1ABILm CG 00 54 03 9i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION - EXCEPTION FOR BUILDING HEATING EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART subparagraph (1 Ita) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury And Prop- erty Damage Liability Coverage (Section I - Cover- ages) is replaced by the following: This insurance does not apply to: POLLUTION (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of pollutants: (a) At or from any premises, site or locatio which is or was at any time owned or o. cupied by, or rented or loaned to, any ir sured, However, Subparagraph (a) does not appl to "bodily injury" if sustained within building and caused by smoke, fumes, V! por or soot from equipment used to hel that building, CG 00 54 03 97 Copyright, Insurance ServicE~s Office, Inc., 1996 Page 1 of COMMERCIAL GENERAL L1ABILm CG 00 55 03 9, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION (OCCURRENCE VERSION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAHT (OCCURRENCE VERSION) Paragraph 4.b. of the Other Insurance Condition - (Section IV - Commercial General Liability Con- ditions) is replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builde~s Risk, Installation Risk or simi- lar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; or (c) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of COVERAGE A (SECTION I). (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. When this insurance is excess, we will have n duty under COVERAGES A or B to defend th insured against any "suit" if any other insun has a duty to defend the insured against thl "suit". If no other insurer defends, we will Ul dertake to do so, but we will be entitled to th insured's rights against all those other insure~ When this insurance is excess .over other ir surance, we will pay only our share of th amount of the loss, if any, that exceeds th sum of: (1) The total amount that all such other insul ance would pay for the loss in the absenc of this insurance: and (2) The total of all deductible and self-insure, amounts under all that other insurance. We will share the remaining loss, if any, wit any other insuranee that is not described in thi Excess Insurance provision and was nc bought specifically to apply in excess of th Limits of Insurance shown in the Declaration of this Coverage Part. CG 00 55 03 97 Copyright, Insurance Serviees Office, Inc" 1996 Page 1 of COMMERCIAL GENERAL L1ABILlT' CG 21 47 10 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages): This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employ- rnent; or (c) Employment.related practices, polieies, acts or omissions. such as coercion, demotion, evaluation, reassignment. discipline, defamation, harassment, hu- miliation or discrimination directed at that person; or (2) The spouse, ehild, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices deseribed in paragraphs (a), (b), or (e) above is di- rected, This exelusion applies: (1) Whether the insured may be liable as an employer or in any other capaeity; and (2) To any obligation to share damages with or repay someone else who must pay damages beeause of the injury, CG 21 47 10 93 B. The following exclusion is added to paragrap~ 2., Exelusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Sec, tion I - Coverages): This insurance does not appiy to: "Personal injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employ- ment; or (e) Employment-related practices, policies, acts or omissions. such as coercion, demotion, evaluation. reassignment, discipline, defamation, harassmenl, hu- miliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "per- sonal injury" to that person al whom any of the employment-related practices de- scribed in paragraphs (a), (b). or (e) above is directed, This exelusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages Wilh or repay someone else who must pay damages because of the injury, Copyright, Insuranee Services Qffice. Inc.. 1992 POLICY NUMBER: PLP 0432721-02 COMMERCIAL GENERAL LIABILITY CG 20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Reckitt & Colman, Inc. Attn: Mr. James Henrickson P.O. Box 943 Wayne, NJ 07474-0943 Re: See below (If no entry appears above, information required to complet" this endorsement will be shown in the Declara- tions as applicable to this endorsement,) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoin9 operations performed lor that in. sured, Re: 300 Horizon Drive Suwanee, GA 30174 9704 W. Roosevelt Avenue Tolleson, Az 4501 Westport Drive Mechanicsburg, PA 17055 CG20101093 Copyright. Insurance Services ~::lllice, Inc" 1992 Gt\~ GENERAL ACCIDENT INSURANCE ENDORSEMENT This Endorsement Changes The Policy. Please Read It Carefully. Changes in Employee Benefits Liability Insurance CI)Verage Part This endorsement modifies insurance provided under the following: Employee Benefits Liability Insurance Coverage Part A. The following substitution of terms shall apply without any changes in the insuranee coverage provided: The term: IlCompany" is replaced by the terms "we", "us" or Hour." HNamed insuredH is replaced by the terms "you" or HyoUr.H "Policy" is replaced by the term" Coverage Part." "Poliey territory" is replaeed by the term "coverage territory." B, The following definition is added: "Suit" means a civil proceeding in whieh damages to which this insurance applies are alleged. "Suit" includes an arbitration proeeeding alleging such damage!, to whieh you must submil or submit with our eonsent. C. 1. The following conditions described in Insuring Agreement V . Additional Conditions, Paragraph (61. Other Conditions of the Employee Benefits Liability Insurance Coverage Part, Form l-2661, attached to this policy, are replaeed by the Commercial General liability Conditions, Form CG 00 01: "Action Against Company" is replaeed by "legal Action Against Us". "Other Insurance" is replaced by "Other Insurance," "Subrogation" is replaeed by "Transfer of Rights of Recovery Against Others To Us." 2. The following conditions described in Insuring Agreement V - Additional Conditions, Paragraph (6), Other Conditions of the Employee Benefits liabilily Insurance Coverage Part Form, l-2661, attached to this policy, are replaced by the Common Policy Conditions, Form Il 00 17: "Changes" is replaced by "Changes," "Assignment" is replaced by "Transfer of your Rights and Duties under this Poliey". "Cancellation" is replaeed by "Caneellation", This endorsement musl be attached 10 the Change Endorsement when issued after the policy is written. l.266111,a8 IN WITNESS WHEREOF, this Company has caused this policy 10 be signed at Philadelphia, Pennsylvania, and countersigned on the Declarations page by J duly authorized agent. Attest: w~ c;..:f~~ Chairman of the Board, 7~?e-e. President, p~ J: J~~ I Secretary, Gener,]l Accident Insurance Company of America, The Camden Fire Insurance Association, Pennsylvania General Insurance Company, Potomac Insurance Company of Illinois, Potomac Insurance Company Eilch ,1 Stock Insur,1nceCOmp,lnv. 05/10/04 MO~ 15:52 FAX 412 281 2053 May 10 2004 15:59 Goehr 1ng Rutter Boehm ~002 POLICY NuMBER: PLP 0432121-02 COMMERCIAL GENERAL LIABILITY CG 20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OVVNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provIded under the followong COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Orgenil8tion; Reckitt , Colman, Inc. Attn: Mr. James Henrickson P.O. 110" 943 Wayne, NJ 07474-0943 Re: 5ee below (If no entry appears above. information required to complete this endorsement will be shown in the Oecla'a- tlons as applicable to this endorsement,) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operallons performed for that in. sured, Re: 300 Horizon Drive Suwanee, GA 30174 9704 w~ Roosevelt Avenue Tolle6on, Az 4501 Westport Drive Mechanicsburg, PA 17055 CG 20101093 Copyright, Insurance Services {!ffice. Inc.. , 992 o ~ ~i'\ \ 0' ;"'1 (..." (..., .. WAGENFELD LEVINE BY: Christopher Urban, Esquire 1.0, NO. 81981 Two Penn Center Plaza - Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 RECKITT BENCKISER, INC. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INC., ONE BEACON INSURANCE COMPANY, AND ONE BEACON INSURANCE GROUP: NO. 04-1534 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended upon payment of your costs only. WAGENFELD LEVINE BY: '" ... WAGENFELD LEVINE BY: Christopher Urban, Esquire 1.0, NO, 81981 Two Penn Center Plaza - Suite 1120 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 988-9090 RECKITT BENCKISER, INC. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. GENCO, GENCO DISTRIBUTION SYSTEM, CUMBERLAND VALLEY DISTRIBUTION SERVICES CO., INC., ONE BEACON INSURANCE COMPANY, AND ONE BEACON INSURANCE GROUP: NO. 04-1534 CERTIFICATE OF SERVICE I, Christopher J. Urban, Esquire, hereby certify that a true and correct copy of the foregoing Order to Settle, Discontinue and End has been served this date upon all interested counsel by way of United States Regular First Class Mail, postage prepaid, addressed as follows: Fred Buck, Esquire Rawle & Henderson 4317 The Widener Building One South Penn Square Philadelphia. PA 19107 Stacey Vernallis, Esquire Goehring, Rutter & Boehm 1424 Frick Building 437 Grant Street Pittsburgh, PA 15219 WAGENFELD LEVINE BY: DATE: November 28.2005 t--':> r>~1 C') () -,'-jl .-\ --1- i'il ~ C) , '1'. ::.J ,." "", v'