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Home My WebLink About04-2116 Timothy J. Nieman. Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg. PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. ()C-rJ-cr~ ~ JURY TRIAL DEMANDED FARMINGTON CASUALTY COMPANY Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. ~ Writ of Summons shall be issued and forwarded to Attorney. Respectfully submitted, RHOADS & SINON LLP By: Ti1!:tii~t~ Attorney LD. No. 66024 P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Dated: May 12, 2004 Attorneys for Plaintiffs 474283.1 /J;:) 0 "'---- ~, ~ ~ ~ -S> ....j Y \--- ,/'J ~, ~. \ ~ \ "", C" p ~, cF ~ ~C> 'CJ ~ n_ ; ~ '---.~~ r-<~ C::) C) c:::':;) -n _.-, - ["~: .J"-__ ,- '--'-' Q WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: Tho ()... J-f!JUf ~R~ ' prothono,"'; IA U By J~ f0 1fM?J Timothy J, Nieman, Esquire Attorney 1.0. No, 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW NO. 04-2116 Civil FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money cIlaimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 A VISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante (m las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de um abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCill1ENTO A SU ABOGADO INMEDIATAMENTE. S1 USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA S1GUIENTE OF1CINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR AS1STENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Timothy J. Nieman, Esquire Attorney I.D. No, 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O, Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2116 Civil FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant COMPLAINT NOW COME Plaintiffs, Paulette Underkofler and Kurt Underkofler, by and through their undersigned attorneys, and files this Complaint, stating as follows: I. Plaintiff Paulette Underkofler is an adult individual residing at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff Kurt Underkofler is an adult individual residing at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania. Mrs. Underkofler and Mr. Underkofler are husband and wife. 3. Defendant Farmington Casualty Company is an insurance company with a place of business at One Tower Square, Hartford, Connecticut. Defendant is one of the Travelers property casualty companies and will be referred to herein as "Travelers." 517032.1 4. The Underkoflers are insured pursuant to Homeowners Insurance Policy number 94S72l0l0b 633 1 (the "Insurance Policy") issued by Travelers. (A true and CoOrrect copy oOf the Insurance PoOlicy is attached hereto as Exhibit "A"). S. The Insurance Policy provides insurance CoOverage for, among other things, damage to the Underkoflers' house and real property (the "Underkoflers' House") located at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania. 6. The Underkoflers are "insureds" pursuant toO the definitioOns contained in the Insurance Policy. 7. The UnderkoOflers' House is the "insured loOcation" pursuant toO the definitioOns coOntained in the Insurance PoOlicy. 8. The Insurance Policy defines "oOccurrence" to include, among other things, "property damage", which is further defined toO include "physical injury toO, destruction of, or loOSS of use oOf tangible property." 9. The Insurance Policy covers "[t]he dwelling on the 'residence premises' shoOwn in the Declarations, including structures attached toO the dwelling." 10. The Insurance Policy states that Travelers "insure[ s] against risk of direct physical loss to property described in Coverages A and B." This includes risk of direct physical loss to the Underkoflers' HoOuse. 11. On or about November 20, 2003, JoOnathan L. ShoOop smashed his automoObile intoO the UnderkoOflers' HoOuse. The Cumberland CoOunty District Attorney charged Mr. ShoOop with Dill and numerous summary traffic offenses. The accident occurred when Mr. Shoop failed to negotiate a bend in the mad and his car toOre through the Underkoflers' yard, went airboOrne and smashed into the front of the Underkoflers' House. (True and correct copies of pictures of the accident are attached hereto as Exhibit "B"). 12. The Underkoflers' House suffered significant damage as a result of the impact from Mr. Shoop's vehicle, must noticeable of which is the gaping hole in the front of the Underkoflers' House. 13. The Underkoflers immediately reported this incident to Travelers. Further, the Underkoflers have complied with all requirem(mts of the Insurance Policy and have complied with all conditions precedent to their right to recover under the Insurance Policy. 14. Since the accident, and in an effort to mitigate their damages, the Underkoflers have been living in their House. In order to do this, the Underkoflers have been living with a tarp and temporary insulation covering the hole. Because of health, safety and aesthetic reasons, the Underkoflers basically spent the winter in their bedroom, while they were at home. 14. On at least eight occasions, Travelers has sent representatives, including a professional engineer, to inspect the damage at the Underkoflers' House. Despite Travelers' knowledge of the severity ofthe damage and conditions under which the Underkoflers have been forced to live since the date of the accident, Travelers has failed and refused to reimburse the Underkoflers for the costs associated with restoring the Underkoflers' House to its pre-accident condition as required by the Insurance Policy. 15. Finally, on or about March 19,2004, Travelers provided the Underkoflers with a long awaited estimate on how much Travelers thought it would cost to repair the damage to their house. The estimate was in the amount of $15,218.19. (A true and correct copy of the Travelers' estimate is attached hereto as Exhibit "e"). 16. Not believing that their house could be repaired for the amount of the Traveler's estimate, and based upon representations by Traveler's representative Nicole Adams that the Underkoflers could use any contractor they desired to repair the damage, the Underkoflers had a contractor provide them with an estimate to repair the damage caused by the accident. The quote obtained by the Underkoflers indicates that it will cost $41,385 to repair the damage. (A true and correct copy of the Underkoflers' estimate is attached hereto as Exhibit "D"). 17. By letter dated May 3, 2004, counsel for the: Underkofflers demanded that Travelers honor the $41,385 quote. Travelers, despite the requirements of the Insurance Policy, refused to pay the Underkoflers this amount. 18. On May 7,2004, the Underkoflers entered into a contract with a contractor to perform most of the repair and restoration work at the Underkoflers' House for $38,800. (A true and correct copy ofthe contract is attached hereto as Exhibit "E"). The Underkoflers believe, and therefore aver, that there will be additional work required to restore their house and landscaping to pre-accident condition. Additionally, the Underkoflers have experienced other costs and expenses associated with the accident. COUNT I BREACH OF CONTRAC1[ 19. The Underkoflers incorporate herein by refe:rence the above Paragraphs as if fully set forth herein. 20. Pursuant to the terms of the Insurance Policy, Travelers is required to reimburse the Underkoflers for damage to their house, as well as incidental costs associated with the damage caused to the house when Mr. Shoop wrecked his car into the front of the House and damaged the Underkoflers' landscaping. 21. Despite this contractual obligation, Travelers has refused to pay the Underkoflers all amounts incurred as result of the accident and all other reasonable costs associated with repairing the damage to the Underkoflers' House and landscaping related to the accident. 22. The Underkoflers have been damaged as a result of Travelers failure to honor its contractual obligations. WHEREFORE, Plaintiffs demand judgment in their favor against Travelers for an amount in excess of the minimum amount for compulsory arbitration, plus interest and costs, including attorneys' fees, and such other relief as the Court deems just. COUNT II BAD FAITH 23. The Underkoflers incorporate herein by refc:rence the above paragraphs as if fully set forth herein. 24. A claim for bad faith in expressly authorized by Section 8371 of the Pennsylvania Judicial Code, 42 Pa. C.S.A. 9 8371. 25. Travelers did not have a reasonable basis for refusing to pay the full amount of damages suffered by the Underkoflers as a result of Mr. Shoop smashing his car into the Underkoflers' House. 26. Travelers knew or recklessly disregarded its lack of reasonable basis in refusing to pay the full amount of damages suffered by the Underkoflers as described above. 27. Travelers's alleged basis for refusing to pay the full amount of damages suffered by the Underkoflers is umeasonable, frivolous and unfounded. 28. Traveler's actions and conduct constitute bad faith and a reckless disregard for the rights of its insureds, the Underkoflers, as well as a gross deviation from its duty as an insurer 29. There exists no legal basis for Travelers' refusal to pay the full amount of damages suffered by the Underkoflers as a result of Mr. Shoop smashing into the Underkoflers' House. 30. Pursuant to Section 8371, and based upon Travelers' bad faith as set forth above, the Underkoflers are entitled to the full amount of their loss, interest, punitive damages, and attorney's fees and costs. WHEREFORE, Plaintiffs demand judgment in its favor against Travelers for an amount in excess of the minimum amount for compulsory arbitration, plus interest, punitive damages, court costs and attorneys' fees, in accordance with 42 Pa. C.s. !}837l and such other relief as the Court deems just. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT 31. The Underkoflers incorporate herein by ref1lrence the above paragraphs as if fully set forth herein. 32. The Underkoflers purchased the Insurance Policy from Travelers for personal, family and household purposes, specifically for the purpose of insuring the Underkoflers' House. 33. Travelers, through its agent Nicole Adams, represented to the Underkoflers that they could choose any contractor that th,ey wished to perform the work required to return the Underkoflers' House to its pre-accident condition. Despite this representation, Travelers has refused to reimburse the Underkoflers as promised. 34. Travelers failed to conduct a prompt and reasonable investigation of the Underkoflers' claim in violation of the Unfair Insurance Practices Act, 40 P.s. 91171.1 et seq. 35. Travelers conduct as outlined above constitutes unfair or deceptive practices or acts within the meaning of Sections 201-3 and 201-2(4) of the Unfair Trade Practices Act and Consumer Protection Law, 73 P.S. 9201-1 et seq. 36. Under 73 P.S. 9 201-9.2, this Court is empowered to Impose treble damages upon Travelers. 37. As a direct and proximate result of the violations by Travelers of the Unfair Trade Practices Act and Consumer Protection Law, the Underkoflers have suffered significant ascertainable losses and damages. WHEREFORE, pursuant to the remedies provided in the Unfair Trade Practices Act and Consumer Protection Law, Plaintiffs demand judgment be entered in their favor against Travelers in an amount totaling three times Plaintiffs' actual damages, which exceeds the jurisdictional limit for compulsory arbitration, plus reasonable attorneys' fees, interest, costs and delay damages, and all other damages as allowed by Pennsylvania law. COUNT IV DECLARATORY JUDGMENT 38. The Underkoflers incorporate herein by refi:rence the above paragraphs as if fully set forth herein. 39. A court has power to render declaratory relief if a judgment or decree will terminate the controversy or remove an uncertainty. 42 Pa" C.S. ~7632, ~7536. 40. A controversy exists when opposing claims are present and indicative of imminent litigation. 41. There exist antagonistic claims indicating imminent and inevitable litigation, and as such there exists a real and actual controversy which is justiciable in this Court, specifically, whether or not Travelers, pursuant to the Insurance Policy, must reimburse the Underkoflers for their loss. 42. The interest of the Underkoflers and Travelers will be best served if this Court will enter a declaratory judgment setting forth the rights of the parties with respect to this dispute, and declaratory relief would render practical help in ending this controversy. 43. The Declaratory Judgment Act is to be liberally construed to afford relief from uncertainty. 44. A declaratory judgment would be particularly applicable for issues of determining the rights, obligations, and duties of Travelers in this matter WHEREFORE, the UnderkofJers respectfully request that this Honorable Court enter a declaratory judgment in favor of the Underkoflers determining that Travelers is obligated, pursuant to the Insurance Policy, to cover and reimburse the Underkoflers for their loss and the costs associated with restoring and repairing the damage to the Underkoflers' House and landscaping. Respectfully submitted, By: RHOPillS & SINON LLP Tlinr!ifi:Lrf- - One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs EXHIBIT "A" '" :i' o I > o o - .- - ,~ - ~- '- c_ c_ . --= --= - - - - ,- Q- ~- u= --- .~ TravelerS!' Homeowners Policy Booklet . .' from Travelers Especially for: PAULETT UNDERKOFLER PreJXlred by: INSURANCE COUNSELORS INC HO-3 HOMEOWNERS 3 - SPECIAL FORM The Contents of This Booklet 1. Your Declarations: A summary of your coverages, amounts of insurance, and premiums for those coverages under the policy. 2. Homeowners Policy: The policy contract describing coverages, rights, and obligations. 3. Endorsements: Additional coverages or policy provisions applicable to your policy. 4. Important Notices: Information required by your state but not part of your policy pro' . :ons. PL.8871 9.98 - "- " '- c= c_ ~ -= - -= - - - - ,~ c_ c= - ~ Continuation Declarations Travelerst HOMEOWNERS POLICY :'\amed Insured Your Agenc)"s "ame and Address INSURANCE COUNSELORS INC 1 GEIGO BLVD FREDERICKSBURG, VA 22412 PAULETT UNDERKOFLER 792 BRENTWATER ROAD CAMP HILL PA 17011 Your Policy Number: Your Account Number: 945721010 633 1 945721010 For Policy Service Call: (800) 841-3005 For Cllaim Service Call: 1-800-CLAIM33 Policy Period FROM: 05-21-03 To: 05-21-04 12:01 A.M. STANDARD TIME AT THE RESIDENCE PREMISES Location of Residence Premises 792 BRENTWATER RD CAMP HILL PA 17011 Section I . Property Coverages Limits of Liability Premium , " A - DWELLING B - OTHER STRUCTURES C - PERSONAL PROPERTY D - LOSS OF USE $ 180,000 18,000 126,000 54,000 $ 363.00 INCL INCL INCL Section II . Liability Coverages E - PERSONAL LIABILITY (BODILY INJURY AND PROPERTY DAMAGE) EACH OCCURRENCE F - MEDICAL PAYMENTS TO OTHERS- EACH PERSON $ 300,000 2,000 $ 18.00 INCL Policy Forms and Endorsements HO-3 HA-300 PA 58064 PA HA-61-B (06-02) (09-02) (06-02) (06-95) 58.00 140.00 Homeowners 3 Special Form Special Provisions Value Added Package Valuable Items Plus (Coverage G) Jewelry Limited Fungi, Other Microbes or Rot Remediation $ $17 ,500 $5,000 HO-827 PA (09-02) Total Premium $ 579.00 Your Premium Reflects the Following Credits or State Surcharges Security Credit -19.00 Continued on next page Insured Copy Page 1 of 2 PL-B651 '.91 675/01"44 DEC#: 15 Polic)" Deductible: $ 250.00 All perils insured against In case of loss under section I, only that part of the loss over the stated deductible is covered. First Mortgagee GMAC MORTGAGE ISAOA PO BOX 10430 VAN NUYS LOAN NUMBER: Second Mortgagee GMAC POBOX 969 HORSHAM PA 19044 CA 91410 306049071 LOAN NUMBER: 4428425200139306 Your Insurer: Farmington Casualty Company One of The Travelers Property Casualty Companies One Tower Square, Hartford, CT 06183 " For Your Information In accordance with Pennsylvania statute, a 1. 00 perce,ntage Property jCasualty Guaranty Association (PIGA) assessment applies to this policy and it is included in your bill. Please contact your Travelers representative if you have any questions. Coverage for your home has been increased by 6.5% to more adequately reflect the cost to rebuild your home. This adjustment was based on information provided by Marshall & SwiftjBoeckh, an independent firm specializing in construction and consumer costs. If you need to adjust your limits further, or for any other policy changes, please contact your insurance representative. This is not a bill. The mortgagee will be billed separately for this policy. Thank you for insuring with Travelers. We appreciate your business. If you have any questions about your insurance, please contact your agent or representative. These declarations, your Policy Booklet HO-3 (06-02) and any attached endorsements form your Homeowners Insurance Policy. Please keep them with your policy for future reference. Page 2 of 2 ~l-ae!i1 '.97 61~/OI' 144 DEe#: lS YOUR HOMEOWNERS POLICY QUICK REFERENCE DECLARATIONS PAGE Your Name Location of Your Residence Policy Period Coverages Amounts of Insurance Deductible Amounts AGREEMENT DEFINITIONS", Beginning On Page I """"""",,',""'" I SECTION I PROPERTY COVERAGES COVERAGES Coverage A . Dwelling " Coverage B - Other Structures Coverage C - Personal Property" Coverage D . Loss of Use .. . Additional Coverages .. PERILS INSURED AGAINST , EXCLUSIONS" LOSS DEDUCTIBLE CONDITIONS" Your Duties After Loss.. Loss Settlement '" Policy Period '" o o ::! ::! ~ 4 7 10 II II II 12 14 SECTION II LIABILITY COVERAGES '- - ...... 0_ . 0_ 0= - ~ SECTION I and - SECTION II - CONDITIONS - - - - ~...."" 0= 0_ - HO-3 (06-02) : COVERAGES, Coverage E - Personal Liability Coverage F - Medical Pa~mcnts to Others.... EXCLUSIONS ADDITIONAL COVERAGES " CONDITIONS '" Limit of Liability Duties After Occurrence ,.. Policy Period 15 15 15 15 18 19 19 19 20 CONDITIONS '" Cancellation .., Nonrenewal .., 20 20 21 "- c_ . c:::: 0:::: . -= - -= - - - ,- 0_ 0_ : HO-3 (06-02) HOMEOWNERS 3 . SPECIAL FORM PENNSYLVANIA AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applica, ble provisions of this policy, DEFINITIONS In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse, if a resident of the same household, and "we". "us" and "our" refer to the Company providing this insurance, In addition, certain words and phrases are defined as follows: 1. 'Actual cash value" means the amount it would cost to repair or replace covered property. at the time of loss or damage, with material of like kind and quality. subject 10 a deduction for deteriora- tion. depreciation and obsolescence, "Actual cash value" applies to valuation of covered property regardless of whether that property has sustained partial or total loss or damage, The "actual cash value" of the lost or damaged property may be significantly less than its re- placement cost. 2. "Bodily injury" means bodily harm, sickness or disease, including required care. loss of services and death that results, 3. "Business" includes a trade. profession or occu- pation engaged in on a full,time, part-time or oc- casional basis, 4, "Insured" means you and the following residents of your household: a. Your relatives; b. Any other person under the age of 21 who is in the care of any person named above, Under Section II. "insured" also means: c. With respect to animals or watercraft to which this policy applies. any person or organization legally responsible for these animals or wa- tercraft which are owned by you or any per- son included in 4.a. or 4.b. above, A person or organization using or having custody of these animals or watercraft in the course of any "business". or without permission of the owner is not an "insured"; d. With respect to any vehicle to which this pol- icy applies: HO-3 (06-02) (1) Persons while engaged in your employ Dr Ihat of any person included in 4.a. or ,4.b. above; or (2) Other persons using the vehicle on an "insured location" with your consent. 5. "Insured location" means: a. The "residence premises": b. The part of any other premises, other slruc- 'tures, and grounds, used by you as a resi- dence and which is shown in the Declarations or which is acquired by you during the policy period for your use as a residence; c. Any premises used by you in connection with the premises included in 5.a. or 5.b.; d. Any part of a premises not owned by any "in- sured" but where any "insured" is temporarily residing; e. Vacalnt land owned by or rented to any "in- sured" other than farm land; f. Land owned by or rented to any "insured" on whicl1 a one or two family dwelling is being constructed as a residence for any "insured"; g. Individual or family cemetery plots or burial vaults of any "insured"; h. Any part of a premises occasionally rented to any "insured" for other than "business" pur- poses, 6. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same generally harmful conditions which results, during the policy period. in: a. "Bodily injury"; or b. "Property damage", 7. "Property damage" means physical injury to. de- struction of. or loss of use of tangible property, 8. "Residence employee" means an employee of any "insured" who performs duties in connection with the maintenance or use of the "residence premises". including household or domestic serv- ices, or who performs duties elsewhere of a simi- Page 1 of 21 lar nature not In connection with the "business" of any "insured", 9. "Residence premises" means the one or two fam- ily dwelling, other structures, and grounds or that HO,3 (06-02) part of any other building where you reSide and which is shown as the "residence premises" in the Declarations, SECTION I ' PROPERTY COVERAGES COVERAGE A - DWELLING We cover: a. The dwelling on the "residence premises" shown in the Declarations. including structures attached to the dwelling; and b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the '.residence premises", We do not cover land. including land on which the dwelling is located, COVERAGE B - OTHER STRUCTURES We cover other structures on the "residence prem- ises" set apart from the dwelling by clear space, This includes structures connected to the dwelling by only a fence, utility line, or similar connection, We do not cover: a. Land, inciuding land on which the other structures are located, b. Other structures rented or held for rental to any person not a tenant of the dwelling. unless used solely as a private garage; c. Other structures from which any "business" is conducted; or d. Other structures used to store "business" prop- erty, However, we do cover a structure that con- tains "business" property solely owned by an .'insured" or a tenant of the dwelling provided that "business" property does not include gaseous or liquid fuel. other than fuel in a permanently in- stalled fuel tank of a vehicle or craft parked or stored in the structure, The limit of liability for this coverage will not be more than 1 0% of the limit of liability that applies to Cover, age A, Use of this coverage does not reduce the Coverage A limit of liability, COVERAGE C - PERSONAL PROPERTY Covered Property We cover personal property owned or used by an "in- sured" while it is anywhere in the world, After a loss and at your request, we will cover personal property owned by: HO-3 (06-02) a. Others while the property is on the part of the "residence premises" occupied by an "Insured": or b. A guest or a "residence employee", while the property is in any residence occupied by an "in, sured". Limit For Pmperty At Other Residences Our limit of liability for personal property usually lo- cated at an "insured's" residence. other than the "resi- dence premises", is 10% of the limit of liability for Coverage C, or $1,000, whichever is greater. How- ever, this limitation does not apply to personal prop' erty: a. Movea from the "residence premises" because it is being ,repaired, renovated or rebuilt and is not fit to live in or store property in; or b. In a newly acquired principal residence for 30 days from the time you begin to move the prop- erty there, Special Limits Of Liability The special limit for each category shown below is the total limit for each loss for all property in that cate- gory, These special limits do not increase the Cover- age C limit of liability. 1. $200 on money, bank notes. bullion, gold other than goldlware, silver other than silverware. plati- num. coins. and medals, 2. $1.000 on securities, accounts, deeds, evidence of debt, letters of credit. notes other than bank notes. manuscripts, personal records, passports. tickets and stamps, This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists, This limit includes the cost to research. replace or restore the information from the lost or damaged material. 3. $1,000 on watercraft of all types, including their trailers, furnishings, equipment and outboard en- gines or motors, 4. $1,000 on trailers or semitrailers not used with watercraft of all types. 5. $1,000 for loss by theft of jewelry. watches, furs, precious and semiprecious stones, Page 2 of 21 '- 0= . 0= 0_ . ...... - - - - ,- 0= 0= - u= . 6. 52.000 for loss by theft of firearms and related equipment. 7. 52,500 for loss by theft of silverware, silver-plated ware, goldware. gold-plated ware, and pewter, ware, This includes flatware. hollowware. tea sets, trays and trophies made of or including silver, gold or pewter, 8. 55,000 on property. on the "residence premises". used at any time or in any manner for any "busi, ness" purpose, 9. $1.000 on property. away from the "residence premises". used at any time or in any manner for any "business" purpose, However. this limit does not apply to loss to electronic apparatus and other property described in Categories 10. and 11. be- low, 10. $1.000 on electronic apparatus and accessories, while in or upon a motor vehicle or other motor- ized land conveyance. if the electronic apparatus is equipped to be operated by power from the electrical sys1em of the vehicle or conveyance while still capable of being operated by other power sources, Accessories include antennas. tapes. wires, rec- ords, discs or other media that can be used with any apparatus described in this Category 10. 11. $1,000 on electronic apparatus and accessories used primarily for "business" while away from the "residence premises" and not in or upon a motor vehicle or other motorized land conveyance, The apparatus must be equipped to be operated by power from the electrical system of the vehicle or conveyance while still capable of being operated by other power sources, Accessories include antennas. tapes. wires. rec- ords, discs or other media that can be used wtth any apparatus described in this Category 11. Property Not Covered We do not cover: 1. Articles separately described and specifically in- sured, regardless of the limit for which they are insured, in this or other insurance: 2. Animals. birds or fish: 3. Motor vehicles or all other motorized land con, veyances, a. This includes: (1) Their accessories. equipment and parts: or (2) Electronic apparatus and accessories designed to be operated solely by power from the electrical system of motor vehi- cles or all other motorized land convey- HO-3 (06-02) HO-3 (06-02) ances, Accessories include antennas tapes. wires, records, discs or other me, dia that can be used with any apparatus described above, The exclusion of property described in a.(1) and (2) above applies only while such prop- erty is in or upon the vehicle or conveyance, b. We do cover vehicles or conveyances not re, quired to be registered for use on public roads or property which are: (1) Used solely to service an "insured's" residence: or (2) Designed to assist the handicapped; 4. Aircraft meaning any contrivance used or de, signed for flight including any parts whether or not attached to the aircraft, We do cover model or hobby aircraft not used or designedlto carry people or cargo: 5. Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; 6. Property in an apartment regularly rented or held , for rentallto others by an "insured": 7. Property rented or held for rental to others off the "residence premises"; 8. "Business" data. including such data stored in: a. Boo~~s of account, drawings or other paper re- cords: or b. Computers and related equipment. We do cover the cost of blank recording or stor, age meljia. and of prerecorded computer pro- grams available on the retail market; or 9. Credit cards or fund transfer cards used solely for deposit. withdrawal or transfer of funds except as provided in Additional Coverage 6. Credit Card. Fund Transfer Card, Forgery and Counterfeit Money, COVERAGE 0 - LOSS OF USE The limit of liability for Coverage 0 is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use be- low. 1. Additional Living Expense If a loss covered under Section I makes that part of the "n~sidence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living, Page 3 of 21 Payment will be for the shortest time required to repair or replace the damage or. if you perma- nently relocate, the shortest time required for your household to settle elsewhere, 2. Fair Rental Value If a loss covered under Section I makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in, Payment will be for the shortest time required to repair or replace such premises, 3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the "residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against, we cover the loss as provided in 1. Addi- tional Living Expense and 2. Fair Rental Value above for no more than two weeks, 4. Loss Or Expense Not Covered We do not cover loss or expense due to cancella- tion of a lease or agreement The periods of time under 1. Additional Living Ex- pense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use abov~ are not limited by expiration of this policy, ADDITIONAL COVERAGES 1. Debris Removal a. We will pay your reasonable expense for the removal of debris of covered property if a Peril Insured Against that applies to the dam- aged property causes the loss, This expense is included in the limit of liability that applies to the damaged property, If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the dam- aged property. an additional 5% of that limit of liability is available for such expense, b. We will also pay your reasonable expense. up to $1.000, for the removal of one or more trees fallen on the "residence premises" as a result of a Peril Insured Against. provided: (1) The tree(s) damage(s) a covered struc, ture; (2) Do(es) not damage a covered structure, but: (a) Block(s) a driveway on the "resi- dence premises" which prevent(s) a motor vehicle, that is registered for HO-3 (06-02) HO-3 (06-02) use on public roads or property from entenng or leaVing the "resI- dence premises": or (b) Block(s) a ramp or other fixture de, signed to assist a handicapped per- son to enter or leave the dwelling building; or (3) Windstorm or Hail or Weight of Ice, Snow or Sleel causes damage to a structure covered under this policy and the Pennsylvania Governor declares the area in which the "residence premises" is located to be a disaster area as a result of such weather conditions, The S1 ,000 limit is the most we will pay in any one loss regardless of the number of fallen trees, No more than $500 of this limit will be paid lfor the removal of anyone tree, This coverage is additional insurance, 2. Reasonable Repairs - ..- a. We will pay the reasonable cost incurred by you for the necessary measures taken solely to pmtect covered property that is damaged by a Peril Insured Against from further dam, age, b. If the measures taken involve repair to olher damaged property, we will only pay if that property is covered under this policy and the damage is caused by a Peril Insured Against This coverage does not: (1) Increase Ihe limit of liability that applies 110 the covered property; or (2) Relieve you of your duties. in case of a Iloss to covered property. described in paragraph d. under Section I - Condition 2. Duties After Loss, 3. Trees, Shrubs And Other Plants We cover trees, shrubs. plants or lawns. on the "residence premises", for loss caused by the fol, lowing Perils Insured Against: a. Fire or Lightning; b. Explosion; c. Riot or Civil Commotion; d. Aircraft; e. Vehicles not owned or operated by a resident of the "residence premises"; f. Vandalism or Malicious Mischief; or g. Theft, We will pay up to 5% of the limit of liability that applies to the dwelling for all trees. shrubs. plants Page 4 of 21 - ~""""" 0:::= " 0:::= 0:::= "- --- ---- --- ---- ~""""" 0_ 0:::= - ~ or lawns, No more than $500 of this limit will be paid for anyone tree, shrub or plant. We do not cover property grown for "business" purposes, This coverage is additional insurance, 4. Fire Department Service Charge We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire de- partment service charges if the property is located within the limits of the city, municipality or protec- tion district furnishing the fire department re- sponse, This coverage is additional insurance, No de- ductible applies to this coverage, 5. Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed, This coverage does not change the limit of liabil- ity that applies to the property being removed, 6. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money a. We will pay up to $1.000 for: (1) The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued 10 or regis- tered in an "insured's" name; (2) Loss resulting from theft or unauthorized use of an fund transfer card used for de- posit. withdrawal or transfer of funds, is- sued to or registered in an "insured's" name: (3) Loss to an "insured" caused by forgery or alteration of any check or negotiable in- strument; and (4) Loss to an "insured" through acceptance in good faith of counterfeit United States or Canadian paper currency, All loss resulting from a series of acts com- mitted by anyone person or in which anyone person is concerned or implicated is consid- ered to be one loss. This coverage is additional insurance, No de- ductible applies to this coverage, b. We do not cover: (1) Use of a credit card or fund transfer card: (a) By a resident of your household; HO-3 (06-02) HO-3 (06-02) (b) By a person who has been en, trusted with either type of card: or (c) If an "insured" has not complied with all terms and conditions under which the cards are issued: or (2) Loss arising out of "business" use or dls' honesty of an "insured", c. If thoe coverage in a. applies, the follOWing defense provisions also apply: (1) We may investigate and settle any claim or suit that we decide is appropriate, Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability, (2) If a suit is brought against an "insured" for liability under a.(1) or (2) above, we will provide a defense at our expense by counsel of our choice, (3) We have the option to defend at our ex- pense an "insured" or an "insured's" bank . . against any suit for the enforcement of payment under a.(3) above, 7. Loss Assessment 'a. We will pay up to $1,000 for your share of loss assessment charged during the policy period against you. as owner or tenant of the "resiljence premises", by a corporation or as- sociation of property owners, The assessment must be made as a result of direct loss to propMy, owned by all members collectively. of the type that would be covered by this pol- icy if owned by you, caused by a Peril Insured Against under Coverage A, other than: (1) Earthquake; or (2) Land shock waves or tremors before, during or after a volcanic eruption, The limit of $1.000 is the most we will pay with respect to anyone loss, regardless of the numlDer of assessments, We will only apply one deductible. per unit, to the total amount of anyone loss to the property described above. regardless of the number of assess- ments, b. We do not cover assessments charged against you or a corporation or association of prop,erty owners by any governmental body, c. Section I - Condition 16. Policy Period does not apply to this coverage, This cov,erage is additional insurance, 8. CollapSE! a. With respect to this Additional Coverage: Page 5 of 21 (1) Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occu- pied for its current intended purpose, (2) A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of col- lapse, (3) A part of a building that is standing is not considered to be in a state of collapse even if it has separated from another part of the building, (4) A building or any part of a building that is standing is not considered to be in a state of collapse even if it shows evi- dence of cracking, bulging, sagging, bending. leaning, settling, shrinkage or expansion, b. We insure for direct physical loss to covered property involving collapse of a building or any part of a building if the collapse was caused by one or more of the following: (1) The Perils Insured Against; (2) Decay that is hidden from view, unless the presence of such decay is known to an "insured" prior to collapse or there are visible signs of water damage and the "insured" has not taken prompt action to prevent further damage; (3) Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an "insured" prior to collapse; (4) Weight of contents. equipment, animals or people; (5) Weight of rain which collects on a roof; or (6) Use of defective material or methods in construction. remodeling or renovation if the collapse occurs during the course of the construction. remodeling or renova- tion, c. Loss to an awning. fence. patio. deck. pave- ment, swimming pool. underground pipe. flue, drain. cesspool, septic tank, foundation, re- taining wall. bulkhead. pier, wharf or dock is not included under b.(2) through (6) above, unless the loss is a direct result of the col- lapse of a building or any part of a building, d. This coverage does not increase the limit of liability that applies to the damaged covered property, HO-3 (06-02) HO-3 (06,02) 9. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing matenal which is part of a covered IDuilding, storm door or storm window: and (2) The direct physical loss to covered prop- lerty caused solely by the pieces, frag' ments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window, b. This coverage does not include loss: (1) To covered property which results be, 'cause the glass or safety glazing mate, rial has been broken, except as provided In a.(2) above; or (2) On the "residence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss, A dwelling being constructed is not considered vacant. c. This coverage does not increase the limit of liability that applies to the damaged property, 10. Ordinam:e or Law a. You may use up to 10% of the limit of liability that ,applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction. demolition, remodel, ing. renovation or repair of that part of a covered building or other structure dam- aged by a Peril Insured Against; (2) The demolition and reconstruction of the undamaged part of a covered building or other structure. when that building or other structure must be totally demol- ished because of damage by a Peril In, sured Against to another part of that covered building or other structure; or (3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure nec- essary to complete the remodeling. re- pair or replacement of that part of the covered building or other structure dam- aged by a Peril Insured Against. b. You may use all or part of this ordinance or law coverage to pay for the increased costs you lincur to remove debris resulting from the construction. demolition, remodeling, renova- tion. repair or replacement of property as stated in a. above, c. We do not cover: Page 6 of 21 . - ,- - 0;;;:::: " 0;;;:::: 0;;;:::: "- --- --= - - - - - ~- 0;;;:::: 0_ - - u ."""'" (1) The loss in value to any covered building or other structure due to the require- ments of any ordinance or law: or (2) The costs to comply with any ordinance or law which requires any "insured" or others to test for, monitor, clean up, re, move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure, Pollutants means any solid, liquid. gase- ous or thermal irritant or contaminant. Including smoke, vapor, soot. fumes, acids, alkalis, chemicals and waste, Waste includes materials to be recycled. reconditioned or reclaimed, This coverage is additional insurance, 11. Refrigerated Products Coverage We insure, up to $500, covered property stored in freezers or refrigerators on the "residence prem- ises" for direct loss caused by: a. Loss of power to the refrigeration unit. Loss of power means the complete or partial interrup- tion of electric power due to conditions be- yond an "insured's" control. Loss of power must be caused by damage to: (1) Generating equipment; or (2) Transmitting equipment: or HO-3 (06-02) b. Mecr,anical failure of the unit which stores the property, Coverage will apply only if you have maintained the refrigeratIOn unit in proper working condition immediately pnor to the loss, This coverage does not increase the limit of Ii, ability for Coverage C, We will pay only that part of the total of all loss payable that exceeds $100, No other deductible applies to this coverage, The Power Failure exclusion does not apply to this cove,rage, 12. Inflation Coverage We may adjust the limits of liability for Coverages A. B, C and D at the beginning of each succes- sive policy term to reflect increases in the cost of insured property, The amount of such increase will be based on the data provided by the ap- praisal company shown in the Declarations, Pay- ment of the required premium when due for the successive policy term will be sufficient to indi- cate your acceptance of the adjusted limits, We will also adjust the limits of liability at the time , of a loss by the same percentage pro rated from the effective date of the policy period or the ef- fective date of change if you have requested a change 10 the limit of liability for Coverage A during the policy period, SECTION I - PERILS INSURED AGt\INST COVERAGE A - DWELLING AND COVERAGE B - OTHER STRUCTURES 1. We insure against risk of direct physical loss to property described in Coverages A and B, 2. We do not insure. however. for loss: a. Excluded under Section I - Exclusions; b. Involving collapse, except as provided in Ad- ditional Coverage 8. Collapse under Section I - Property Coverages; or c. Caused by: (1) Freezing of a plumbing. heating. air con, ditioning or automatic fire protective sprinkler system or of a household appli- ance. or by discharge. leakage or over- flow from within the system or appliance caused by freezing, This exclusion ap- plies only while the dwelling is vacant. unoccupied or being constructed. unless you have used reasonable care to: HO-3 (06-02) la) Maintain heat in the building; or Ib) Shut off the water supply and drain all systems and appliances of water. However. if the building is protected by an automatic fire protective sprinkler system. you must use reasonable care to Gontinue the water supply and maintain heat in the building for coverage to ap- ply, For purposes of this provision a plumb- ing system or household appliance does not include a sump, sump pump or re- lated equipment or a roof drain. gutter. downspout or similar fixtures or equip- ment; (2) Freezing. thawing, pressure or weight of water or ice. whether driven by wind or not. to a: la) Fence, pavement, patio or swim- ming pool; Page 7 of 21 fb) Footing foundation, bulkhead, wall, or any other structure or device that supports all or part of a building, or other struclure: IC) Retaining wall or bulkhead tha' does not support all or part of a building or other structure: or (d) Pier. wharf or dock: (3) Theft in or to a dwelling under construc- tion, or of materials and supalies for use in Ihe construction until the ~welling is finished and occupied: (4) Vandalism and malicious mischief. and any ensuing loss caused by any inten- tional and wrongful act committed in the course of the vandalism or malicious mischief. if the dwelling has been vacant for more than 30 consecutive days im- mediately before the loss, A dwelling being constructed is not considered va- cant: (5) Constant ;' 'epeated seepage or leak- age of water or steam over a period of weeks, months or years, from a plumb- ing, heating, air conditioning or auto, matic fire protective sprinkler system, or from a household appliance; or (6) Any of the following: (a) Wear and tear, marring. detE ,:ra, tion; (b) Mechanical breakdown. latent de- fect, inherent vice. or any quality in property that causes it to damage or destroy itself; (c) Smog, rust or other corrosion, fungi, mold. mildew. wet or dry rot; (d) Smoke from agricultural smudging or industrial operations; (e) Discharge. dispersal. seepage, mi- gration, release or escape of pollut- ants unless the discharge. dispersal, seepage. migration. release or es- cape is itself caused by a Peril in- sured Against named under Coverage C. Pollutants means any solid, liquid. gaseous or thermal irritant or con- taminant, including smoke, vapor. soot, fumes. acids, alkalis. chemi- cals and waste, Waste inciudes materials to be recycled, recondi- tioned or reclaimed; HO-3 (06-02) HO-3 (06-02) (f) Settlmg shrinking, bulgmg or ex- panSion, includmg re, ,iltant crack- ing, of bulkheads Javements, patios. footings, founco:lons, walls, floors, roofs or ceilings: ,~J Birds, vermin, rodents, or msects or (h) Animals owned or kept by an "in- sured" . Exce,ption To c.(6) Unless the loss is othe-,'se excluded. we cove lOSS to property co "red under Cover- age ,", or B resulting fron- an accidental dis- charlie or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or house"old appliance on the "residence prem- ises" This includes the cost to tear out and replace any part of a building, or other struc- ture, on the "residence premises". but only when necessary to repair the system or appli- .aace, However, such tear out and replace- ment coverage only applies to other structures if the water or steam causes actual damage to a building on the "residence premises" , We clo not cover loss to the system or appli- ance from which this water or steam escaped, For purposes of this provision, a plumbing system or household appliance does not in- clude a sump. sump pump or related equip- ment or a roof drain, gutter, down spout o' Similar fixtures or equipment. Section I - Exclusion 3. Water Darr,acc Para!lraphs a. and c. that apply to surface waler and water below the sulface of the ground do not apply to loss by water covered under c.(5) and (6) above, Under 2.b. and c. above. any ensuing loss to property described in Coverages A and B not ex- cluded by any other provision in this policy is covered, COVERAGE C - PERSONAL PROPERTY We insure for direct physical loss to the property de- scribed in Coverage C caused by any of the following perils, unless the loss is excluded in SECTION I - EXCLUSIONS, 1. Fire or lightning. 2. Windstonn or hail. This perill includes loss to watercraft of all types and thei,' trailers. furnishings, equipment. and outboarc engines or motors, only while inside a fully enClosed building, Page 8 of 21 - - = - c_ c_ -- --- --= --- --= - - - ,= c:;;;;;;; c:;;;;;;; u_ . This peril does not include loss to property con, tamed in a building caused by ram. snow, sleet. sand or dust unless the direct force of wind or hail damages the building, causing an opening in a roof or wall and the rain, snow, sleet. sand or dust enters through this opening, 3. Explosion. 4. Riot or civil commotion. 5. Aircraft. This peril includes self-propelled missiles and spacecraft, 6. Vehicles. 7. Smoke. This peril means sudden and accidental damage from smoke, This peril does not include loss caused by smoke from agricultural smudging or industrial opera- tions, 8. Vandalism or malicious mischief. 9. Theft. a. This peril includes attempted theft and loss of property from a known place when it is likely that the property has been stolen, b. This peril does not include loss caused by theft: (1) Committed by an "insured"; (2) In or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; (3) From that part of a "residence premises" rented by an "insured" to someone other than another "insured"; or (4) That occurs off the "residence premises" of: (a) Trailers. semitrailers and campers; (b) Watercraft of all types. and their furnishings, equipment and out- board engines or motors; or (c) Property while at any other resi- dence owned by. rented to, or occu- pied by an "insured", except while an "insured" is temporarily living there, Property of an "insured" who is a student is covered while at the residence the student occupies to attend school as long as the student has been there at any time during the 45 days immediately before the loss, HO-3 (06-02) HO-3 (06-02) 10. Falling Objects. This peril does not include loss to the inSide of a building or property contained m the buildmg un- less the roof or an outside wall of the buildmg IS first damaged by a falling object. Damage to the falling object itself is not included, 11. Weight ()f Ice, Snow Or Sleet. This peril means weight of ice, snow or sieet which causes damage to property contained in a building, 12. Accidental Discharge Or Overflow Of Water Or Steam. a. This peril means accidental discharge or overtlow of water or steam from within a plumbing, heating, air conditioning or auto, matic: fire protective sprinkler system or from within a household appliance, b. This peril does not include loss: (1) To the system or appliance from which . , the water or steam escaped; (2) Caused by or resulting from freezing ex, cept as provided in Peril Insured Against 14. Freezing; or (3) On the "residence premises" caused by accidental discharge or overflow which occurs off the "residence premises", c. In this peril, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. d. Section I - Exclusion 3. Water Damage, Para,graphs a. and c. that apply to surface water and water below the surface of the ground do not apply to loss by water covered under this peril. 13. Sudden And Accidental Tearing Apart, Crackinll. Burning Or Bulging. This peril means sudden and accidental tearing apart, cracking. burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system. or an appliance for heating water. We do not cover loss caused by or resulting from freezing except as provided in Peril Insured Against 114. Freezing, 14. Freezin~l. a. This peril means freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance. Page 9 of 21 This peril does not include loss on the "resi, dence premises" while the dwelling is unoc, cupied, unless you have used reasonable care to: (1) Maintain heat in the building; or (2) Shut off the water supply and drain all systems and appliances of water. However, if the building is protected by an automatic fire protective sprinkler system, you must use reasonable care to continue the water supply and maintain heat in the building for coverage to apply, HO-3 (06-02) b. In this peril. a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof dram, gutter. downspout or similar fixtures or equipment. 15. Sudden And Accidental Damage From Artifi- cially Ge.nerated Electrical Current. This peril does not include loss to tubes, transis, tors. electronic components or circuitry that are a part of appliances. fixtures. computers, home entertainment units or other types of electronic apparatus, SECTION I - EXCLUSIONS A. We do not insure for loss caused directly or indi- rectly by any of the following, Such loss is ex- cluded regardless of any other cause or event contributing concurrently or in any sequence to the loss, These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area, 1. Ordinance or Law. Ordinance or Law means any ordinance or law: a. Requiring or regulating the construction. demolition, remodeling, renovation or repair of property, including removal of any resulting debris, This exclusion 1.a. does not apply to the amount of cover- age that may be provided under Addi- tional Coverage 10. Ordinance or Law; b. The requirements of which result in a loss in value to property, c. Requiring any "insured" or others to test for, monitor, clean up, remove, contain. treat. detoxify or neutralize. or in any way respond to. or assess the effects of, pollutants, Pollutants means any solid, liquid. gase- ous or thermal irritant or contaminant. including smoke. vapor. soot, fumes. acids, alkalis, chemicals and waste, Waste includes materials to be recycled, reconditioned or reclaimed, This exclusion 1. applies whether or not the property has been physically damaged, 2. Earth Movement. Earth movement means: HO-3 (06-02) a. Earthquake, including volcanic eruption and land shock waves or tremors before, during or after a volcanic eruption; 'bi Landslide; mudsllde. or mudflow; c. Subsidence or sinkhole; or d. Any other earth movement including earth sinking, rising or shifting; unless direct loss by fire, explosion, or break- age of glass or safety glazing material which is part of a building. storm door or storm win- dow ensues and then we will pay only for the ensuing loss, This Exclusion 2. does not apply to loss by theft 3. Watllr Damage. Watllr Damage means: a. Flood, surface water. waves. tidal water. overflow of a body of water, or spray from any of these, whether or not driven by wind; b. Water or water-bome material which backs up through sewers or drains or which overflows or is discharged from a sump. sump pump or related equipment; or c. Water or water-borne material below the surface of the ground, including water which exerts pressure on or seeps or leaks through a building, sidewalk. driveway, foundation, swimming pool or other structure; caused by or resulting from human or animal forces or any act of nature, Direct loss by fire, explosion or theft resulting from water damage is covered, Page 10 of 21 . = - . 0_ o=:: . 1. -= ...... -= - - - ~= 0_ o 4. Power Failure. Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises", But. if the failure results in a loss from a Peril Insured AgainSt. on the "residence premises", we will pay for the loss caused by that peril. 5. Neg lecl. Neglect means neglect of an "insured" to use all reasonable means to save and preserve property at and after the time of a loss, 6. War. War includes the following and any conse- quence of any of the following: a. Undeclared war, civil war. insurrection. rebellion or revolution; b. Warlike act by a military force or military personnel; or c. Destruction. seizure or use for a military purpose, Discharge of a nuclear weapon will be deemed a warlike act even if accidental. 7. Nuclear Hazard. This Exclusion 7. pertains to Nuclear Hazard to the extent set forth in the Nuclear Hazard Clause of SECTION I - CONDITIONS, 8. Intentional Loss. Intentional Loss means any loss arising out of any act an "insured" commits or conspires to commit with the intent to cause a loss, HO-3 (06-02) In the event of such loss, no "Insured" IS entl. tled to coverage, even "Insureds" who did not commit or conspire to commit Ihe act causing the loss, B. We do not insure for loss to property described In Coverages A and B caused by any of the follow- ing, However, any ensuing loss to property de, scribed il1 Coverages A and B not excluded by any other provision in this policy is covered, 1. Weather conditions, However, this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in A, ae'ove to produce the loss, 2. Acts or decisions, including the failure to act or dElcide, of any person, group, organization or governmental body, 3. Faulty. inadequate or defective: a. Planning, zoning, development, survey- ing, siting; b. Design, specifications, workmanship. re, pair, construction, renovation, remodel- ing, grading, compaction; c. Materials used in repair. construction, renovation or remodeling; or d. Maintenance; of palrt or all of any property whether on or off the" residence premises", LOSS DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable under Section I , Property Coverages that exceeds the deductible amount shown in the Declarations, SECTION I - CONDITIONS Insurable Interest and Limit of Liability. Even if more than one person has an insurable interest in the property covered. we will not be Ii, able in anyone loss: a. To an "insured" for more than the amount of such "insured's" interest at the time of loss; or b. For more than the applicable limit of liability, - u_ o HO-3 (06-02) 2. Duties ,!l,fter Loss. In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us, These duties must be performed either by you, an "insured" seeking coverage, or a representative of either. a. GiVE' prompt notice to us or our agent; Page 11 of 21 b. Notify the police in case of loss by theft: e. Notify the credit card 'und transfer card company in case of " 3S providec for in Additional Coverage ~ redit Cae: =und Transfer Card. Fe ,And Cocaerfeit Money; d. Protect the propeny rrom further damage, If repairs to the property are required. you must: (1) Make r"asonable and necessary repairs to pre', the property; and (2) Keep cin accurate record of repair ex- penses; e. Cooperate with us in the investigation of a claim; f. Prepare an inventory of damaged personal property showing the quantity, description, "aclual cash value" and amount of loss, At- tach all bills, receipts and related documents that justify the figures in the inventory; g. As often as we reasonably require: (1) Show the damaged property; (2) Provide us with records and documents we request and permit us to make cop- ies; and (3) Submit to examination under oath. while not in the presence of another "insured", and sign the same; h. Send to us, within 60 days after our request, your signed. sworn proof of loss which sets forth, to the best of your knowledge and be- lief: (1) The time and cause of loss; (2) The interest of all "insureds" and all oth- ers in the property invoived and all liens on the property; (3) Other insurance which may cover the loss; (4) Changes in title or oc~upancy of the property during the term of the policy; (5) Specifications of damaged buildings and detailed repair estimates; (6) The inventory of damaged personal property described in 2.f. above; (7) Receipts for additional living expenses incurred and records that support tr,c fair rental value loss; and (8) Evidence or affidavit that supports a claim under Additional Coverage 6. Credit Card. Fund Transfer Card, For, gery And Counterfeit Money, stating the amount and cause of loss, HO-3 (06-02) HO-3 (06-02) 3. Loss Settlement. In this Condition 3., the terms "cost to repair or replace" and "replacement cost" do not Include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for the .,e increased costs is provided in Additional Coverage 10. Ordinance Or Law, Covered property losses are settled as follows: a. Property of the following types: (1) Personal property: (2) Awnings, carpeting. household appli, ances, outdoor antennas and outdoor equipment. whether or not attached to buildings: and (3) Structures that are r' Juildings; at "actual cash value" at me time of loss but not more than the amount required to repair or replace, b. 'Slilldlings covered und.. ::::overage A or S at replacement cost without deduction for de- preciation subject to the following: (1) If. at the time of loss, the amoc;ll of in, surance in this policy on the damaged building is 80% (' more of the full re, placement cost 0: 'Ole building immedi- ately before the loss, we will pay the cost to repair or replace. after application of any deductible and without deduction for depreciation. but not more than the least of the following amounts: (a) The limit of liability under this policy that applies to the building; (b) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (e) The necessary amount actually spent to repair or replace the dam- aged building, If the building is rebuilt at a new prem- ises, the cost described in (b) above is limited to the cost which would have been incurred if the building had been built at the original premises, (2) If, at the time of loss. the amount of in- surance in this policy on the damaged buildin, IS less than 80% of the full re, place"'e~t cost of the building immedi- ately before the loss. we will pay the greater of the following amounts. but not more than the limit of liability under this policy that applies to the building: Page 12 of 21 . .= - . o , o=:: . -= - -= - - ,"""'" o=:: o=:: - - : (a) The 'actual cash value" of that part of the building damaged; or (b) That proportion of the cost to repair or replace, after application of any deductible and without deduction for depreciation, that part of the build- ing damaged. which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building, (3) To determine the amount of insurance required to equal 80% of the full re, placement cost of the building immedi- ately before the loss. do not include the value of: (a) Excavations, footings, foundations, piers. or any other structures or de- vices that support all or part of the building. which are below the under- surface of the lowest basement floor; (b) Those supports described in (a) above which are below the surface of the ground inside the foundation walls. if there is no basement; and (c) Underground flues. pipes. wiring and drains, (4) We will pay no more than the "actual cash value" of the damage until actual repair or replacement is complete, Once actual repair or replacement is complete, we will settle the loss as noted in b.(1) and b.(2) above, However, if the cost to repair or replace the damage is less than $2,500. we will settle the loss as noted in b.(1) and b.(2) above whether or not actual repair or re- placement is complete, (5) You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to build- ings on an "actual cash value" basis, You may then make claim for any additional liability according to the provisions of this Condition 3. Loss Settlement. provided you notify us of your intent to do so within 180 days after the date of loss, 4. Loss to a Pair or Set. In case of loss to a pair or set we may elect to: a. Repair or replace any part to restore the pair or set to its value before the loss; or HO-3 (06-02) HO,3 (06-02) b. Pay the difference between "actual cash value" of the property before and after the loss, 5. Appraisal. If you an,d we fail to agree on the amount of loss, either may demand an appraisal of the loss, In this event, each party will choose a competent, impartial appraiser within 20 days after receiVing a written request from the other The two apprais- ers will c:hoose an umpire, If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises" is located, The appraisers will sepa' rately set the amount of loss, If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of loss, If they fail to agree. they will submit their differ- ences to the umpire, A decision agreed to by any two will set the amount of loss, Each party will: , , a. Pay its own appraiser; and b. Sear the other expenses of the appraisal and umpire equally, 6. Other In,surance and Service Agreement. If a loss covered by this policy is also covered by: a. Other insurance. we will pay only the propor- tion .of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss; or b. A service agreement. the coverage provided under this policy is excess over any amounts payable under any such agreement. Service agreement means a service plan. property restoration plan. home warranty or other similar service warranty agreement, even if it is characterized as insurance, 7. Suit Aga.inst Us. No action can be brought against us unless there has been full compliance with all of the terms un- der Section I of this policy and the action is started within one year after the date of loss, 8. Our Opt,ion. We may repair or replace any part of the dam- aged property with like property if we give you written notice of our intention to do so within 30 working days after we receive your signed. swom proof of loss, 9. Loss Payment. We will aldjust all losses with you, We will pay you unless some other person is named in the policy or is leg~llIy entitled to receive payment. Loss will Page 13 of 21 be payable 60 days after we receive your proof of loss and: a. Reach an agreement with you: b. There IS an entry of a final judgment: or c. There is a filing of an appraisal award with us, 10. Abandonment of Property. We need not accept any property abandoned by an "insured", 11. Mortgage Clause. a. The word mortgagee includes a trustee, If a mortgagee is named in this policy, any loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named. the or- der of payment will be the same as the order of precedence of the mortgages, b. If we deny your claim. that denial will not ap- ply to a valid claim of the mortgagee. if the mortgagee: (1) Notifies us of any change in ownership. occupancy or substantial change in risk of which the mortgagee is aware: (2) Pays any premium due under this policy on demand if you have neglected to pay the premium; and (3) Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so, Policy conditions relating to Appraisal, Suit Against Us and Loss Payment apply to the mortgagee, c. If we decide to cancel or not to renew this policy. the mortgagee will be notified at least 10 days before the date cancellation or non- renewal takes effect: d. If we pay the mortgagee for any loss and deny payment to you: (1) We are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or (2) At our option, we may pay to the mort- gagee the whole principal on the mort- gage plus any accrued interest: In this event. we will receive a full assignment and transfer of the mortgage and all se, curilies held as collateral to the mort- gage debt: HO-3 (06-02) HO,3 (06-02) e. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim, 12. No Benefit to Bailee. We will not recognize any assignment, or grant any coverage thai benefits a person or organiza- tion holding, storing or moving property for a fee regardless of any other prOVision of this policy 13. Nuclear I~azard Clause. a. "Nuclear Hazard" means any nuclear reac, tion, radiation, or radioactive contamination, all whether controlled or uncontrolled or how, ever caused. or any consequence of any of these, b. Loss caused by the nuclear hazard will not be considered loss caused by fire. explosion, or smoke. whether these perils are specifically named in or otherwise included within the Perils Insured Against: c. T~js policy does not apply under Section I to loss caused directly or indirectly by nuclear haza,rd, except that direct loss by fire resulting from the nuclear hazard is covered, 14.'Recoverled Property. If you or we recover any property for which we have ma,de payment under this policy, you or we will notify the other of the recovery, At your op- tion. the property will be returned to or retained by you or it will become our property, If the recov- ered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property, 15. Policy P,eriod This policy applies only to loss which occurs dur- ing the policy period, 16. Concealment or Fraud. We provide coverage to no "insureds" under this policy if. whether before or after a loss. an "in- sured" has: a. Intentionally concealed or misrepresented any material fact or circumstance; b. Enga,ged in fraudulent conduct; or c. Made false statements; relating to this insurance, Page 14 of 21 - ~- = ~ 0= 0= ~- ;;;;;;;;;;;; "'""'"' "'""'"' - - ~- 0= c - - ~ HO,3 (06-02) SECTION II - LIABILITY COVERAGES COVERAGE E - PERSONAL LIABILITY If a claim is made or a suit is brought against an "in- sured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" to which this coverage applies, we will: 1. Pay up to our limit of liability for the damages for which an "insured" is legally liable; and 2. Provide a defense at our expense by counsel of our choice, even if Ihe suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate, Our duty to settle or defend ends when our limit of li, ability for the "occurrence" is exhausted by the payment of judgments or settlements, COVERAGE F, MEDICAL PAYMENTS TO OTH- ERS We will pay the necessary medical expenses that are incurred or medically ascertained within three years from the date of an accident causing "bodily injury", Medical expenses means reasonable charges for medical. surflical. x,ray, dental, ambulance, hospital. professional Inursing and prosthetic devices, but does not include funeral services, This coverage does not apply to you or regular residents of your household except "residence employees", As to others, this cov- erage applies only: 1. To a pe,rson on the "insured location" with the permission of an "insured"; or 2. To a person off the "insured location", if the "bod- ily injury"; a. Arises out of a condition on the "insured loca- tion" or the ways immediately adjoining: b. Is caused by the activities of an "insured"; c. Is caused by a "residence employee" in the course of the "residence employee's" em, ployrnent by an "insured"; or , .' d. Is calused by an animal owned by or in the care of an "insured", SECTION II - EXCLUSIONS 1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others do not apply to "bodily injury" or "property damage": a. Which is expected or intended by an "in- sured" even if the resulting "bodily injury" or "property damage": (1) Is of a different kind, quality or degree than initially expected or intended; or (2) Is sustained by a different person. entity, real or personal property. than initially expected or intended, However. this exclusion 1.a. does not apply to "bodily injury" resulting from the use of rea- sonable force by an "insured" to protect per- sons or property, b. Arising out of or in connection with a "busi- ness" conducted from an "insured location" or engaged in by an "insured". whether or not the "business" is owned or operated by an "insured" or employs an "insured", This exclu- sion applies but is not limited to an act or omission, regardless of its nature or circum- stances involving a service or duty rendered, promised, owed or implied to be provided be, cause of the nature of the "business"; This exclusion does not apply to: HO-3 (06-02) (1) Providing home day care services for which an "insured" does not receive any compensation. other than the mutual ex- change of such services; or (2) Providing home day care services to a relative of an "insured", c. Arising out of the rental or holding for rental of any premises by any "insured", This exclu- sion does not apply to the rental or holding for rental of an "insured location": (1) On an occasional basis if used only as a residence, (2) In part for use only as a residence. un- less a single family unit is intended for use by the occupying family to lodge more than two roomers or boarders; or (3) In part, as an office. school, studio or private garage; d. Arising out of the rendering or failing to ren, der professional services; e. Arising out of a premise: (1) Owned by any "insured"; (2) Rented to any "insured"; or (3) Rented to others by any "insured"; that is not an "insured location"; Page 15 of 21 f. Arising out of: (1) The ownership, maintenance, use, load- ing or unloading of motor vehicles or all other motorized land conveyances, in, cluding trailers, owned or operated by or rented or loaned to an "insured", (2) The entrustment by any "insured" of a motor vehicle or any other motorized land conveyance to any person; ,(3) Vicarious liability. whether or not statuto- rily imposed. for the actions of a child or minor using a conveyance excluded in paragraph (1) or (2) above; or (4) The failure to supervise, or the negligenl supervision. of any person, by an "in- sured", involving a conveyance excluded in paragraph (1) or (2) above, This exclusion does not apply to: (1) A trailer nol towed by or carried on a motorized land conveyance, (2) A motorized land conveyance designed for recreational use off public roads. not subject to motor vehicle registration and: (a) Not owned by any "insured": or (b) Owned by any "insured" and on an "insured" location, (3) A motorized golf cart when used to play golf on a golf course, (4) A vehicle or conveyance not subject to motor vehicle registration which is: (a) Used solely to service any "in- sured's" residence; (b) Designed for assisting the handi- capped; or (c) In dead storage on an "insured lo- cation", g. Arising out of: (1) The ownership, maintenance, use, load- ing or unloading of watercraft described below; (2) The entrustment by any "insured" of a watercraft described below to any per- son; (3) Vicarious liability, whether or not statuto- rily imposed. for the actions of a child or minor using an excluded watercraft de- scribed below; or (4) The failure to supervise, or the negligent supervision. of any person. by an "in- sured", involving an excluded watercraft described below, HO-3 (06-02) HO-3 (06-02) Excluded watercraft are those that are principally designed to be propelled by engine power, jet power or electric mo, lor, or are sailing vessels, whether owned by or rented to any insured, This exclusion does not apply to watercraft: (1) That are not sailing vessels and are powered by: (a) Inboard or inboard-outdrive engine or motor power of 50 horsepower or less not owned by any 'insured": (b) Inboard or inboard-outdrive engine or motor power of more than 50 horsepower not owned by or rented to any "insured"; (c) One or more outboard engines or motors with 25 total horse, power or less; (d) One or more outboard engines or motors with more than 25 total horsepower if the out- board engine or motor is not owned by any 'insured"; (e) Outboard engines or motors of more than 25 total horsepower owned by any "insured" if: (i) You acquire them prior to the policy period; and (a) You declare them at policy inception; (b) Your intention to in, sure is reported to us in writing within 45 days after you ac- quire the outboard motors, (ii) You acquire them during the policy period. This coverage applies for the policy period, (2) That are sailing vessels, with or without auxiliary power: (a) Less than 26 feet in overall length; (b) 26 feet or more in overall length not owned by or rented to any "insured", (3) That are stored; h. Arising out of: , .' Page 16 of 21 .- - - = . 0== 0- . -= - -= - - - - ,""""'" o 0== - : (1) the ownership, maintenance, use, load, ing or unloading of any "aircraft"; (2) The entrustment by any "insured" of an "aircraft" to any person: or (3) Vicarious liability, whether or not statuto, rily imposed, for the actions of a child or minor using an "aircraft", (4) The failure to supervise, or the negligent supervision, of any person. by an "in- sured", involving an "aircraft", Aircraft means any contrivance used or de- signed for flight. except model or hobby air- craft not used or designed to carry people or cargo, Exclusions e., f.. g. and h. do not apply to "bodily injury" to any "residence employee" arising out of and in the course of the "residence employee's" employment by any "insured", i. Caused directly or indirectly by war. including the following and any consequence of any of the following: (1) Undeclared war. civil war. insurrection. rebellion or revolution: (2) Warlike act by military force or military personnel; or (3) Destructive seizure or use for a military purpose, Discharge of a nuclear weapon will be deemed a war-like act even if accidental; j. Which arises out of the transmission of a communicable disease by any "insured", k. Arising out of sexual molestation. corporal punishment or physical or mental abuse; or I. Arising out of the use, sale. manufacture, de, livery, transfer or possession by any person of any Controlled Substance(s) as defined by the Federal Food and Drug Law at 21 U,S,CA Sections 811 and 812, Controlled Substances include but not limited to cocaine, LSD. marijuana and all narcotic drugs, How- ever, this exclusion does not apply to the le- gitimate use of prescription drugs by a person following the orders of a licensed physician, 2. Coverage E - Personal Liability. does not apply to: a. Liability: (1) For any loss assessment charged against you as a member of an associa- tion. corporation or community of prop- erty owners except as provided in Additional Coverage 4. Loss Assess- ment; HO-3 (06-02) HO-3 (06-02) (2) Under any contract or agreement How, ever, this exclusion does not apply to written contracts: (a) That directly relate to the owner, ship, maintenance or use of an ",n, sured location'; or (b) Where the liability of others is as, sumed by the "insured" prior to an "occurrence": unless excluded in (1) above or else- where in this policy; b. "Property damage" to property owned by an "insured", This includes costs or expenses in, curned by an "insured" or others to repair, re- place. enhance, restore or maintain such property to prevent injury to a person or dam, age to property of others, whether on or away from an "insured location"; c. "Property damage" to property rented to, oc, cupied or used by or in the care of any 'in- "sored", This exclusion does not apply to "property damage" caused by fire. smoke or explosion; d. "Bodily injury" to any person eligible to re- ceive any benefits voluntarily provided or re- quired to be provided by an "insured" under any: (1) Workers' compensation law; (2) Non-occupational disability law; or (3) Occupational disease law; e. "Bodily injury" or "property damage" for which an "insured" under this policy: (1) Is also an insured under a nuclear en- ergy liability policy issued by the: (a) Nuclear Energy Liability Insurance Association; (b) Mutual Atomic Energy Liability Un- derwriters; (c) Nuclear Insurance Association of Canada; or any of their successors; or (2) Would be an insured under that policy but for the exhaustion of its limit of liabil- ity; or f. "Bodily injury" to you or an "insured" within the meaning of Definition 4. "insured" para- graph a. or b. 3. COvera!le F - Medical Payments to Others. does noli apply to "bodily injury": Page 17 of 21 a. To a residence employee if the "bodily in- jury": (1) Occurs off the "insured location": and (2) Does not arise out of or in the course of the "residence employee's" employment by an "insured": b. To any person eligible to receive benefits voluntarily provided or required to be pro- vided under any: (1) Workers' compensation law; (2) Non,occupational disability law; or (3) Occupational disease law; or HO-3 (06-02) c. From any: (1) Nuclear reaction; (2) Nuclear radiation: or (3) Radioactive contamination: all whether controlled or uncontrolled or how- ever caused: or (4) Any consequence of any of these, d. To any person. other than a "residence em- ployee" of an "insured", regularly residing on any part of the "insured location", SECTION II .. ADDITIONAL COVER.AGES We cover the following in addition to the limits of li- ability 1. Claim Expenses. We pay; a. Expenses we incur and costs taxed against an "insured" in any suit we defend; b. Premiums on bonds required in a suit we de- fend. but not for bond amounts more than the Coverage E limit of liability, We need not ap- ply for or furnish any bond; c. Reasonable expenses incurred by an "in- sured" at our request. including actual loss of earnings (but not loss of other income) up to $50 per day, for assisting us in the investiga- tion or defense of a claim or suit; d. Interest on the entire judgment which accrues after entry of the judgment and before we pay or tender, or deposit in court that part of the judgment which does not exceed the :"."it of liability that applies; and e. Prejudgment interest awarded against the "in- sured" on that part of the judgment we pay, Any prejudgment interest awarded against the "insured" is subject to the applicable Pennsyl- vania Rules of Civil Procedure, 2. First Aid Expenses. We will pay expenses for first aid to others incurred by an "insured" for "bodily injury" covered under this policy. We will not pay for first aid to an "insured", 3. Damage to Property of Others. We will pay, at replacement cost, up to $500 per "occurrence" for "property damage" to property of others caused by an "insured", We will not pay for "property damage"; a. To the extent of any amount recoverable un- der Section I; HO-3 (06-02) b. Caused intentionally by an "insured" who is 13 years of age or older; c. To property owned by an "insured"; d. 'To property owned by or rented to a tenant of an "!Insured" or a resident in your household; or e. Arising out of: (1) A "business" engaged in by an "insured"; (2) Any act or omission in connection with a premises owned. rented or controlled by an "insured", other than the "insured lo- cation"; or (3) The ownership, maintenance, occu- pancy, operation, use. loading or un, loading of aircraft. watercraft or motor vehicles or all other motorized land con, veyances, This exclusion e.(3) does not apply to a motorized land conveyance that: (i) Is designed for recreational use off public roads; (ii) Is not owned by an "insured"; and (iii) At the time and place of an "occur- rence". is not required by law, or regulation issued by a government agency. to have been registered for it to be used at the place of the "oc- currence", 4. Loss A!isessment. We will pay up to $1.000 for your share of loss assessment charged against you, as owner or tenant of the "residence prem- ises". during the policy period by a corporation or associati,on of property owners. when the as- sessment is made as a result of: Page 18 of 21 . - - , o 0_ 0_ o "'"""" - ,- 0_ o=: a. "Bodily injury" or "property damage" not ex- cluded under Section II of this policy; or b. Liability for an act of a director, officer or trustee in the capacity as a director. officer or trustee, provided such person; (1) Is elected by the members of a corpora- tion or association of property owners; and (2) Serves without deriving any income from the exercise of duties which are solely on behalf of a corporation or association of property owners. Condition 9. Policy Period, under SECTION II CONDITIONS does not apply to this coverage. HO-3 (06-02) Regardless of the number of assessments. the limit of $1.000 is the most we will pay for loss arising out of; a. One accident. including continuous or re- peated exposure to substantially the same general harmful conditIOn; or b. A covered act of a director. officer or trustee. An act involving more than one director. offi- cer or trustee is considered to be a single act. We do not cover assessments charged against you or a, corporation or association of property owners by any governmental body. SECTION II - CONDITIONS 1, Limit of Liability. Our total liability under Cover- age E for all damages resulting from anyone "oc- currence" will not be more than the limit of liability for Coverage E as shown in the Declarations. This limit is the same regardless of the number of "insureds", claims made or persons injured. All "bodily injury" and "property damage" resulting from anyone accident or from continuous or re- peated exposure to substantially the same gen- eral harmful conditions shall be considered to be the result of one "occurrence". Our total liability under Coverage F for all medical expense payable for "bodily injury" to one person as the result of one accident will not be more than the limit of liability for Coverage F as shown in the Declarations. 2. Severability of Insurance. This insurance ap- plies separately to each "insured". This condition will not increase our limit of liability for anyone "occurrence" . 3. Duties After "Occurrence". In case of an "occurrence", you or another "in- sured" will perform the following duties that apply. We have no duty to provide coverage under this policy if your failure to comply with the following duties is prejudicial to us. You will help us by seeing that these duties are performed; a. Give written notice to us or our agent as soon as is practical, which sets forth; (1) The identity of the policy and the named "insured" shown in the Declarations; (2) Reasonabiy available information on the time, place and circumstances of the "occurrence"; and (3) Names and addresses of any claimants and witnesses; u=: . HO-3 (06-02) b. Cooperate with us in the investigation, set- tlement or defense of any claim or suit; c. Pwrnptly forward to us every notice, demand, summons or other process relating to the "oc- currence"; d. At our request, help us; (1) To make settlement; (2) To enforce any right of contribution or indemnity against any person or organi- zation who may be liable to an "insured"; (3) With the conduct of suits and attend hearings and trials; and (4) To secure and give evidence and obtain the attendance of witnesses; e. Under the coverage - Damage to Property of Others - submit to us within 60 days after the loss. a swom statement of loss and show the damaged property, if in an "insured's" control; f. No "insured" shall, except at such "insured's" own cost, voluntarily make payment, assume oblig ation or incur expense other than for first aid to others at the time of the "bodily injury". 4. Duties ,)f an Injured Person - Coverage F - Medical Payments to Others. The injulred person or someone acting for the in- jured person will: a. Give, us written proof of claim, under oath if required, as soon as is practical; and b. Authorize us to obtain copies of medical re- ports and records. The injured person will submit to a physical exam by a doctor of our choice when and as often as we reasonably require. Page 19 of 21 5. Payment of Claim - Coverage F - Medical Payments to Others. Payment under this cover- age is not an admission of liability by an "insured" or us. 6. Suit Against Us. No action can be brought against us unless there has been full compliance with all of the terms under this Section II. No one will have the right to join us as a party to any action against an "insured". Also, no action with respect to Coverage E can be brought against us until the obligation of such "insured" has been determined by final judgment or agree- ment signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insol- vency of an "insured" will not relieve us of our ob- ligations under this policy. 8. Other Insurance - Coverage E - Personal Li- ability. This insurance is excess over other valid and collectible insurance except insurance written HO-3 (06-02) specifically to cover as excess over the limits of liability that apply in this policy 9. Policy Pllriod This policy applies only to "bodily inJury" or "prop- erty damage" which occurs during the policy pe- riod. 10. Concealment or Fraud. We do not provide cov- erage to an "insured" who. whether before or after a loss, has: a. Intentionally concealed or misrepresented any material fact or circumstance; b. Engaged in fraudulent conduct, or c. Made false statements; relating to this insurance. SECTION I AND SECTION II - CONDITIONS 1. Liberalization Clause. If we make a change which broadens coverage under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement the change in your state, provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented with a general program re- vision that includes both broadenings and restric- tions of coverage, whether that general program revision is implemented through introduction of: a. A subsequent edition of this policy form; or b. An amendatory endorsement, 2. Waiver or Change of Policy Provisions. A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights. 3. Cancellation. a. You may cancel this policy at any time by re- turning it to us or by letting us know in writing of the date cancellation is to take effect. b. We may cancel this policy only for the rea- sons stated below by notifying the "insured" in writing of the date cancellation takes effect. This cancellation notice may be delivered to or mailed to the "insured" named in the Dec- larations at the mailing address shown in the policy or at a forwarding address. HO-3 (06-02) Proof of mailing will be sufficient proof of no- tice. (1) When the "insured" has not paid the premium by the due date, whether pay- able to us or to our agent or under any finance or credit plan, we may cancel a.t any time by letting the "insured" know at least 15 days before the cancellation takes effect, (2) If the "insured" has made a material mis- representation which affects the insur- ability of the risk, we may cancel at any time by letting the "insured" know at l,aast 15 days before the cancellation takes effect. (3) When this policy has been in effect for loess than 60 days and is not a renewal with us, we may cancel for any reason by notifying the "insured" named in the Declarations at least 30 days before the cancellation takes effect. (4) When this policy has been in effect for EiO days or more, or at any time if it is a renewal with us, we may cancel only for one or more of the following reasons by notifying the "insured" named in the Declarations at least 30 days prior to the proposed cancellation date: (,a) There has been a substantial change or increase in hazard in the risk assumed by us subsequent to the date the policy was issued; Page 20 of 21 "- , - o o=: o=: 0_ ...... "'"""" "'"""" - - ,- 0- o=: - - U=: . (b) There is a substantial increase in hazard insured against by reason of willful or negligent acts or omissions by the "Insured": (c) At any time that the property in- sured does not meet the eligibility requirements for insurance of the Insurance Placement Facility of Pennsylvania (Fair Plan) then in effect; or (d) For any other reason approved by the Pennsylvania Insurance Com- missioner. This provision shall not apply if the named "insured" has demonstrated by some overt action to uS or to our agent that the "insured" wishes the policy to be cancelled. Delivery of such written notice by us to the "insured" named in the Declarations at the mailing address shown in the policy or at a forwarding address shall be equivalent to mailing. c. When this policy is cancelled, the premium for the period from the date of cancellation to the expiration date will be refunded. When you request cancellation in the first policy year, the return premium will be based on our short rate table. Otherwise, the return pre- mium will be pro rata. d. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a rea- sonable time after the date cancellation takes effect, 4. Nonrenewal. We will not fail to renew this policy except for one of the reasons referred to in the Cancellation condition. We may refuse to renew for one of the listed reasons by mailing to the "in- sured" named in the Declarations at the mailing address shown in the policy or at a forwarding ad- dress, written notice at least 30 days prior to the expiration date of this policy. This provision does not apply if: a. We have indicated our willingness to renew and the "insured" has failed to pay the pre- mium by the due date; or b. The named "insured" has indicated to us or our agent that the "insured" does not wish the policy to be renewed. Delivery of such written notice by us to the "in- sured" named in the Declarations at the mailing HO-3 (06-02) HO-3 (06-02) address shown in the poliCY or at a forwarding ad- dress shall be equivalent to mailing. 5. Assignment. Assignment of this policy will not be valid unless we give our written consent. 6. Subrogation. An "insured" may waive in writing before a loss all rights of recovery against any person. If not waived. we may reqUire an assign- ment of rights of recovery for a loss to the extent that payrnent is made by us. If an assignment is sought. an "insured" must sign and deliver all related papers and cooperate with us. Subrogation does not apply under Section II to Medical Payments to Others or Damage to Prop- erty of Others. 7. Death. If any person named in the Declarations or the spouse, if a resident of the same household, dies: a. We insure the legal representative of the de- . ceased but only with respect to the premises and property of the deceased covered under the policy at the time of death; b. Insurance under this policy will continue as provided in (1) or (2) below, whichever is later: (1) For 180 days after your death regardless of the policy period shown in the Decla- rations, unless your premises and prop- erty, covered under the policy at the time of your death, is sold prior to that date; or (2) Until the end of the policy period shown in the Declarations, unless your premises and property, covered under the policy at the time of your death, is sold prior to that date. Coverage during the period of time after your death is subject to all the provisions of this polic:y inciuding payment of any premium due for the policy period shown in the Declara- tions and any extension of that period; c. "lnsured" includes: (1) An "insured" who is a member of your household at the time of your death, but only while a resident of the "residence premises"; and (2) With respect to your property, the person having proper temporary custody of the property until appointment and qualifica- tion of a legal representative. Page 21 of 21 . , - " 0_ o=: o "'"""" ...... "'"""" - - - - ,- 0_ o=: - : HO-827 PA (09-02) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED FUNGI, OTHER MICROBES OR RiOT REMEDIATION DEFINITIONS The following definition is added: . "Fungi" a. "Fungi" means any type or form of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by "fungi". b. Under Section II, this does not include any "fungi" that are, are on, or are contained in, products or goods intended for consumption. SECTION I - PROPERTY COVERAGES COVERAGE D " LOSS OF USE Paragraphs 1. and 2. are deleted and replaced by the following: 1. Additional Living Expense If a loss covered under Section I makes that part of the "residence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. However, additional living expense due to "fungi", other microbes or rot remediation will not be paid in addition to any amounts paid or pay- able under the Additional Coverage Limited "Fungi", Other Microbes Or Rot Remediation. Payment will be for the shortest time required to repair or replace the damage or, if you perma- nently relocate, the shortest time required for your household to settle elsewhere. This period of time is not limited by expiration of this policy. 2. Fair Rental Value If a loss covered under Section I makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. However, fair rental value due to "fungi", other microbes or rot remediation will not be paid in addition to any amounts paid or payable under the Additional Coverage Limited "Fungi", Other Microbes Or Rot Remediation. Payment will be for the shortest time required to repair or replace such premises. This period of time is not limited by expiration of this policy. HO-827 PA (09-02) ADDITIONAL COVERAGES The followin~1 additional coverage is added: . Limited "Fungi", Other Microbes Or Rot Re- mediatio,n. a. If a loss caused by a Peril Insured Against under Section I results in "fungi". other mi- crobes or rot, we will pay for: (1) Remediation of the "fungi", other mi- crobes or rot. This includes payment for tlhe reasonable and necessary cost to: (a) Remove the "fungi", other microbes or rot from covered property or to re- pair, restore or replace that property; and (b) Tear out and replace any part of the building as needed to gain access to the "fungi", other microbes or rot; (2) Any reasonable and necessary increase in living expense you incur so that your household can maintain its normal stan- clard of living or loss of fair rental value if the "fungi", other microbes or rot makes the "residence premises" not fit to live in. We do not cover loss or expense due to cancellation of a lease or agreement; and (3) Any reasonable and necessary testing or rnonitoring of air or property to confirm the absence, presence or level of the "fungi", other microbes or rot, whether performed prior to, during or after re- rnoval, repair, restoration or replacement, b. We will pay under this additional coverage only if: (1) The covered ioss occurs during the policy period; (2) All reasonable means were used to save and preserve the property at the time of and after the covered loss; and (3) We receive prompt notice of the covered cause of loss that is alleged to have re- sulted in "fungi", other microbes or rot. c. The most we will pay under this additional coverage is $ 5,000 . This is the most we will pay for the total of all loss or costs re- gandless of the: Page 1 of 2 (1) Number of locations or items of property insured under this policy; or (2) Number of losses or claims made. d. This is not additional insurance and does not increase the limit of liability that applies to the damaged property. SECTION I - PERILS INSURED AGAINST In form HO-3 paragraph 2.c.(6)(c) is deleted and re- placed by the following: (c) Smog, rust or other corrosion; Paragraph C.7.c. in endorsement 58065 PA, 1.b.(5)(c) in endorsement HA-15, and 3.e.(3) in en- dorsement HA-615 if applicable, are deleted and re" placed by the following: . Smog, rust or other corrosion; SECTION I - EXCLUSIONS The following exclusion is added under A.: 9. "Fungi", Other Microbes or Rot, meaning any loss or cost resulting from, arising out of, caused by, consisting of, or related to, "fungi", other microbes or rot. Such loss is excluded regardless of any other cause or event con- tributing concurrently or in any sequence to the loss. This exclusion does not apply to "fungi", other microbes or rot remediation coverage that may be afforded under the Ad- ditional Coverage Limited "Fungi", Other Microbes Or Rot Remediation. SECTION II - EXCLUSIONS The following exclusion is added under item 1. Cov- erage E - Personal Liability and Coverage F - Medical Payments To Others: HO-827 PA (09-02) HO-827 PA (09-02) . "Bodily injury" or "property damage" consisting of arising out of. caused by. contributed to. aggra- vated by or resulting from. whether directly or in- directly. by "fungi". other microbes or rot. This includes: (1) The cost of testing. monitonng. abating. mlti- gatin9, removing. remedlating or disposing of "fungi", other microbes or rot: (2) Any supervision. instruction. disclosures. or failures to disclose. recommendations. wam- ings, or advice given, or that allegedly should have been given, in connection with "bodily injury" or "property damage" consisting of, arising out of, caused by. contributed to. ag- gravated by or resulting from, whether directly or indirectly, by "fungi", other microbes or rot. or thE~ activities described in m.(1) above; (3) Any obligation to share with or repay another who must pay damages because of "bodily injury" or "property damage" damage of the .type described in this exclusion. This applies regardless of any other cause that contributed directly or indirectly, concurrently or in any sequence to the "bodily injury" or "property damElge"; and (4) Liability imposed upon any "insured" by any govemmental authority for "bodily injury" or "property damage" consisting of, arising out of, caused by, contributed to, aggravated by or resulting from, whether directly or indi- rectly, by "fungi", other microbes or rot, All other provisions of this policy apply. Page 2 of 2 - ,- ...... , " o=: 0_ o "'"""" "'"""" - - ,- - o=: - U_ . 58064 PA (06-02) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VALUE ADDED PACKAGE PENNSYLVANIA For an additional premium, we agree to provide the following coverages: DEFINITIONS Under 6. "Occurrence", the following sentence is added: It also means offenses which result, during the policy period, in "personal injury". The following is added: 10. "Personal injury" means injury arising out of one or more of the following offenses: a. False arrest, detention or imprisonment, or malicious prosecution; b. Libel, slander, or defamation of character; or c. Invasion of privacy, wrongful eviction, or wrongful entry. SECTION I - PROPERTY COVERAGES COVERAGEC-PERSONALPROPERTY The Coverage C limit shown on the Declarations is increased to 70% of COVERAGE A - DWELLING. COVERAGE D - LOSS OF USE The Coverage D limit shown on the Declarations is increased to 30% of the limit shown for COVERAGE A - DWELLING. SECTION I - ADDITIONAL COVERAGES 10. Ordinance or Law. The first paragraph is deleted and repiaced by the following: a. You may use up to 20% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: The following Additional Coverage is added: . Lock Replacement Coverage. We will pay you an amount not to exceed $250 that you incur in changing the locks on your "resi- dence premises" when your keys have been sto- len. The theft of keys must be reported to the police for this additional coverage to apply. No deductible applies to this additional coverage. If this coverage is also provided under any other endorsement on this policy, this is the only limit of liability that will apply. Because this coverage is 58064 PA (06-02) no longer provided by any other endorsement. an approprialte premium credit will be applied to that endorsement, SECTION I - CONDITIONS Under 3. Lo,ss Settlement paragraph a. is deleted and replaced by the following: a. Property of the following types: (1) Personal property, including awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings, at the cost to repair or replace at the time of tile loss. This method of loss settlement will also apply to the following articles or classes of property if they are separately de- scribed and specifically insured in this policy and not subject to agreed value loss settlement: (,a) Jewelry; (b) Furs and garments trimmed with fur or consisting principally of fur; (c) Cameras, projection machines, films and related articles of equipment; (d) Musical equipment and related arti- cles of equipment; (e) Silverware, silver-plated ware, gold- ware, goldplated ware and pewter- ware, but excluding pens or pencils, flasks, smoking implements or jew- elry; and (f) Golfer's equipment meaning golf clubs, golf clothing and golf equip- ment. Personal Property Replacement Cost loss settlement will not apply to other classes of property separately described and spe- cifically insured. Property listed below is not eligible for re- placement cost settlement. Any loss will be settled at "actual cash value" at the time of loss but not more than the amount required to repair or replace. Page 1 of 3 (a) Antiques. fine arts. paintings. statu- ary. and similar articles which. by their inherent nature. cannot be re- placed with new articles; and (b) Articles whose age or history contrib- ute substantially to their value. in- cluding but not limited to memorabilia. souvenirs and collec- tor's items. (2) Structures including swimming pools that are not buildings at "actual cash value" at the time of loss, but not exceeding the amount necessary to repair or replace. (3) "Cost to Replace" means the cost at the time of loss of a new article of like kind and quality to the one damaged, de- stroyed or stolen. When an article is no longer manufactured or is not available, the "cost to replace" means the cost of a new article, similar to that damaged, de- stroyed or stolen, which is of comparable quality and usefulness. (4) The limit of liability for loss on any per- sonal property shall not exceed the smallest of the following amounts, subject to any deductible: (a) The limit of liability of this policy ap- plicable to Coverage C; (b) Any special limits of liability described in the policy; (c) The cost to replace, without deduction for depreciation, at the time of loss. (5) When the full cost to repair or replace an article or articles is more than $2,000, we will not be liable for any loss under any part of this provision unless and until you actually repair or replace the article or ar- ticles. You may elect to disregard the Re- placement Cost Loss Settlement provisions and make claim under this policy for loss or damage to personal property on an actual cash value basis and then make claim within 180 days af- ter loss for any additional liability on a re- placement cost basis. (6) If the "actual cash value" amount is insuf- ficient to initiate repair or replacement of the lost or damaged property, we will ad- vance to you the amount necessary for you to initiate such repair or repiacement and such further amounts necessary to continue the repair or replacement, The amount of loss payment we agree upon 58064 PA (06-02) 58064 PA (06-02) for the lost or damaged property will be reduced by any advance payment The total of all advances and other payments hereunder will not exceed the amount al- lowed under 3.a.(4) above. Under this Loss Settlement procedure. the following special provisions apply: (a) You shall promptly forward to us evi- dence of the agreement with the party repairing or replacing the prop- erty which shows the cost and esti- mated completion date of the repaired property or delivery date of the replaced property. (b) We will send to you the balance, if any, of the loss payment previously agreed upon when you notify us of the completion of the repairs or the expected delivery date of the re- placed property 'Ic) If you do not comply with the above terms at any time, we will pay no more than the "actual cash value" for the loss or damage. In such case, if the amount we advanced to you is more than the "actual cash value", you shall refund the difference to us within 30 days of the date we mail our refund notice to you. We have the option either to repair or replace any item under this coverage, or to reimburse the cost to replace it, The following CONDITION is added: ADDITIONAL. REPLACEMENT COST PROTECTION (Applies only when loss to dwelling exceeds the Cov- erage A Limit of Liability shown in the Declarations.) To the extent that coverage is provided, we agree to provide an a,jditional amount of insurance in accor- dance with thla following provisions. a. If you have: (1) Allowed us to adjust the Coverage A limit of liability and the premium in accordance with: (a) The property evaluations we make; and (b) Any increases in inflation; and (2) Notifilad us, within 30 days of completion, of any improvements, alterations or additions to the dwelling which increase the replacement cost of the dwelling by 5% or more; Page 2 of 3 - .- - "= ...... , - o 0_ o=: o "'"""" - "'"""" - - - ,- o=: "- - the provisions of this endorsement will apply after a loss. provided you elect to repair or replace the damaged or destroyed dwelling on the same premises. b. If there is a loss to the dwelling that exceeds the Coverage A limit of liability shown in the Declara- tions, for the purpose of settling that loss only: (1) We will provide an additional amount of in- surance. up to 25% of the Coverage A limit of liability; and (2) The Section I Condition 3. Loss Settlement paragraph b. is deleted and replaced by paragraphs b., c. and d. as follows: b. The dwelling under Coverage A at re- placement cost. We will pay not more than the smallest of the following amounts for like construction and use on the same premises: (1) The replacement cost of that part of the dwelling damaged or destroyed; (2) The necessary amount actually spent to repair or replace the damaged or destroyed dwelling; or (3) The limit of liability under this policy that applies to the dwelling plus any additional amount provided by this endorsement. c. We will pay no more than the "actual cash value" of the damage until actual repair or replacement is complete. d. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss or damage to the dwelling on an "actual cash value" basis. You may then make claim within 180 days after loss for any additional li- ability on a replacement cost basis. SECTION II - LIABILITY COVERAGES COVERAGE E - PERSONAL LIABILITY This section is deleted and the following is substi- tuted: If a claim is made or a suit is brought against any "in- sured" for damages because of "bodily injury", "per- sonal injury" or "property damage" caused by an "occurrence" to which this coverage applies, we will: = ~ 58064 PA (06-02) 58064 PA (06-02) 1. Pay up to our limit of liability for the damages for which the "insured" is legally liable: and 2. Provide a defense at our expense by counsel of our choice. even if the suit is groundless. false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate Our duty to s.ettle or defend ends when our limit of li- ability for the "occurrence" is exhausted by the payment of judgments or settlements. SECTION II - EXCLUSIONS The followin~l is added: 4. Personal injury insurance does not apply to: a. Liability assumed by the "insured" under any contract or agreement except any indemnity obligation assumed by the "insured" under a written contract directly relating to the owner- ship. maintenance or use of the premises; b. Injurv caused by a violation of a penal law or ordinance committed by or with the knowl- 'eClge or consent of an "insured"; c. lnjurv sustained by any person as a result of an offense directly or indirectly related to the employment of this person by the "insured". d. Injurv arising out of or in connection with a "business" engaged in by an "insured". This exclusion applies but is not limited to an act or omission, regardless of its nature or cir- cumstance, involving a service or duty ren- dere,j, promised, owed, or implied to be provided because of the nature of the "busi- ness''', e. Civic: or public activities performed for pay by an "insured"; or f. Injury to you or an "insured" within the mean- ing of part a. or b. of "insured" as defined. SECTION 11- CONDITIONS Under 1. Limit of Liability, the following is added. If "Personal Injury" coverage is also provided un- der any other endorsement on this policy, this is the only "Personal Injury" coverage that will apply. Because this coverage is no longer provided by any other endorsement, an appropriate premium credit will be applied to that endorsement. All other provisions of this policy apply. Page 3 of 3 HA-61-B (06-95) VALUABLE ITEMS PLUS For an additional premium, we agree to provide the insurance described in this enaorsement. SECTION I - COVERAGES COVERAGE C - PERSONAL PROPERTY SPECIAL LIMITS OF LIABILITY - The following paragraph is added: Any limits provided under this section shall be excess over any amount payable under COVERAGE G. The following is added as a SECTION I COVERAGE: COVERAGE G - VALUABLE JEWELRY, SILVER- WARE, FINE ARTS, FURS, CAMERAS, HOME COMPUTERS, GUNS, MUSICAL INSTRUMENTS AND CHINA/CRYSTAL. DEFINITIONS - COVERAGE G: 1. "ewelry" means individually owned articles of ::ersonal adornment composed at least partially of silver, gold,. platinum or other precious metals or alloys, whether or not containing pearls, jewels, or precious or semi-precious stones. 2. "Silverware" means individually 0" "ed silver- ware, silver-plated ware, goldwarE :.:::Id-plated ware and pewterware except Tor jewelry, watches, coins and medals. 3. "Fine Arts" means paintings, etchings, pictures, tapestries and other bona fide works of art (such as valuable rugs, statuary, marbles, bronzes, an- tique furntture, rare books, antique silver, manuscripts, porcelains, rare glass and bric-a- brac) of rartty, historical value or artistic merit. 4. "Fur" means furs and garments trimmed wtth fur. 5. "Home Computers" mears electronic home in- formation and entertainment hardware, data storage media, purchased preorogrammed software packages and miscellaneous electronic processing equipment used in connection wtth home computers. Data storage media includes tape cassettes, floppy and hard discs, as well as purchased preprogrammed software packages. 6. "Guns means firearms, scopes and miscel- laneous property such as ammunition, clips, tripods, carrying cases, and holsters used in con- nection wtth firearms. 7. "Cameras" means cameras, projection machines and miscellaneous property such as carrying cases, films, lenses, filters, light meters, tripods, etc. 8. "Musical Instruments" means musical instru- ments and miscellaneous property such as sheet music, stands, carrying cases and straps used in connection wtth musical instruments. HA-61-B (06-95) 9. "China/Cr~' mean~ ::eramic ware or por- celain dinr. are. ar - :rystal comprised of clear, colorless glass 0: c":Jerior quality. We insure only the above kind(s) of property which is/are displ21yed on your Declarations under COVERAGE G. We insure this property against all risks of direct physical loss EXCEPT THOSE EX- CLUDED BElLOW. EXCLUSIONS We do not cover: 1. Loss caused by wear and tear, gradual deteriora- tion, or inherent vice. 2. Loss caused by war, including warlike act by a milttary fClrce or milttary personne destruction or seizure or use for a milttary purpose. Discharge of a nucllear weapon shall be deemed a warlike act even if accidental. 3. Loss tl) e'ticles sep2: ~ cely described and specifi- cally ins" oed under :s policy or any other in- surance. 4. Loss to pllnS, pencils, flasks, smoking equipment, cigarette I=ases, or trophies. 5. Loss to bullion or ingots of gold, silver, or other precious metals, or unmounted gems. 6. As respects Fine Arts: a. Loss iJf damage resulting from any repairing, restoration or retouching process. b. Loss Dr damage to property on exhibition at fair grounds or on the premises of any na- tional or international exposttion. c. The first $100 of loss due to breakage of art glass windows, statuary, marble, glassware, bric-a-brac, porcelain and similar fragile ar- ticles, unless caused by fire, lightning, aircraft, theft and/or attemptea theft, cyclone, tornado, windstorm, earthquake, flood, ex- piosion, malicious damage, or collision, derailment or overturn of conveyance. d. Loss or damage to cemetery property. 7. Loss or damage to property used in a profession or business, except incidental business use. 8. As respects Home Computers, loss or damage to any data programmed or ~E1erated by you. 9. Loss or dlamage caused by Nuclear Hazard to the extent set forth in the Nuclear Hazard Clause of SECTION I - CONDITIONS. Page 1 of 2 " . o=: 0_ o - - - ,"""'" SECTION I. EXCLUSIONS DO NOT APPLY TO COVERAGE G. SECTION I - CONDITIONS Under SECTION I - CONDITIONS, Item 4. Loss to a Pair or Set does not apply to jewelry covered under COVERAGE G. Loss to a jewelry item that is part of a pair or set will be settled as follows: 1. we agree to pay you the full amount of the actual cash value of the pair or set at the time of the loss and you agree to surrender the remaining ar- ticle(s) of the pair or set to us. 2. If you elect not to surrender the remaining ar- ticle(s) of the pair or set, we will pay you the difference between the actual cash value of the pair or set before and after the loss. 3. a pair or set of jewelry items is considered to be a single item. COVERAGE G - LIMIT OF LIABILITY 1. The most we will pay for loss of your jewelry, silverware, fine arts, furs, home computers, 0_ This endorsement forms a part of the policy. o=: - - : HA-61-B (06-95) HA-61-B (06-95) cameras, guns, musical instruments or china/crYi.tal in anyone occurrence is the ilmit of liability for COVERAGE G (HA-61-BI stated in the Declarations. 2. SPECIAL LIMITS OF LIABILITY. The most we will pay in anyone occurrence for loss of any one Item of: a) any class of covered property is $10.000, ex- cept for data storage media used in connec- tion with home computers; b) data sitorage media used in connection with home computers is $500. These limits do not increase the COVERAGE G limit of liability. DEDUCTIBLE: No deductible applies to COVERAGE G. However, a deductible, ~ any, will be subtracted from any pay- ments made under COVERAGE C. All other provisions and conditions of the policy apply. .' Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HA-300 PA (09-02) SPECIAL PROVISIONS - PENNSYLVANIA DEFINITIONS The following definition is added: 10. "fuel system" means; a. One or more containers, tanks or vessels which have a total combined fuel storage ca. pacity of 100 or more U.S. gallons; and: (1) Are, or were, used to hold fuel; and (2) Are, or were. located on anyone loca- tion; b. Any pumping apparatus, which includes the motor, gauge, nozzle, hose or pipes that are, or were, connected to one or more containers, tanks or vessels described in Paragraph a.; c. Filler pipes and flues connected to one or more containers, tanks or vessels described in Paragraph a.; d. A boiler, furnace or a water heater, the fuel for which is stored in a container, tank or ves- sel described in Paragraph a.; e. Fittings and pipes connecting the boiler, fur- nace or water heater to one or more contain- ers, tanks or vessels described in Paragraph a.; or f. A structure that is specifically designed and built to hold escaped or released fuel from one or more containers, tanks or vessels de- scribed in Paragraph a. A "fuel system" does not include any fuel tanks that are permanently affixed to a motor vehicle or watercraft owned by an "insured", used for pow- ering the motor vehicle or watercraft and not used at any time or in any manner for "business". SECTION II - EXCLUSIONS 1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others, Items m. and n. are added as follows: m. or any loss, cost, payment or expense, including, but not limited to, defense and investigation, of any kind arising out of, resulting from, caused by or contributed to by the actual or alleged presence or actual, alleged or threatened dispersal, release, ingestion, inhalation or absorption of lead, lead pigment, lead compounds or lead in any HA-300 PA (09-02) form which is or was contamed or incorporated into any material or substance. This exclusion applies. but is not limited to: (1) Any supervision. instructions. recom- mendations, warnings or advice given in connection with the above; (2) Any obligation to share damages. losses. costs, payments or expenses with or repay someone else who must make payment because of such "bodily injury" or "property damage", damages, loss. cost, payment or expense; or (3) Any request, order or requirement to test for. monitor, abate, mitigate, remediate, contain, remove, dispose of, or in any . .' way respond to or assess the effects of lead, lead pigment lead compounds or rnaterials or substances containing lead in any form. n. arisin9 out of, resulting from, caused by or contributed to by the escape or release of fuel from a "fuel system". This exclusion applies, but is not limited to; (1) Any supervision, instructions, recom- rnendations, warnings or advice given in c:onnection with the above; (2) Any obligation to share damages, losses, costs, payments or expenses with or repay someone else who must make payment because of such "bodily injury" or "property damage", damages, loss, cost payment or expense; or (3) Any request, order or requirement to test for, monitor, abate, mitigate, remediate, contain, remove, dispose of, or in any way respond to or assess the effects of fuel in any form. However, this exclusion does not apply to "bodily injury" or "property damage" arising out of fire or expiosion that results from such escaped or released fuel. All other provisions of this policy apply. Page 1 of 1 . " " o 0_ o=: "- - "'"""" - - - - ,- 0- o - - : This policy is signed for the company which is the insurer under this policy. ~~~ /~~ James M. Michener Secretary Joseph Lacher Ctlief Executive Officer PE>rsonal Lines IN WITNESS WHEREOF, the Company has executed and attestlld these presents. PL-9107 8-97 EXHIBIT "B" ~---."'."" EXHIBIT "C" 0311 9/2004 08:09 71 76650137 N I COLE ADA~IS ------ .-.' _.~-",._'-'-- -- Travelers . ~. Travelers Insurance P.O. Box 168 NOIlhumberland, Pa 17857 (570)473-2259 Office (866)547-3792 Fax Insured: UnderkofleT. Paulett ProperlY: 792 Brentwatcr Road Camp Hill, PAl 70 11 Claim Rep.: Nicole Adams Business: POBox 175 Penryn, PA 17564 Estimator: Nicole Adams Business: PO Box 175 penryn, P A 17564 Policy Number ()Ill449457210106331 Type of Loss - Vehicle Claim Number L8G4431 Price List: PAHA2S4A Restoration/ServiceiRemodel with Service Charges Broken Out Estimate: 2004-02-26-1004 Home (717) 737-9514 Business: (717) 665-0137 Business: (717) 665-0137 PAGE 02 Deductible S 250.00 03/19/2004 08:09 - . -- .-- -,--"-- 71 76650137 N I COLE ADA~IS .~ Travelers . ~. Travelers Insurance P.O. Box 168 Northumberland, Pa 17857 (570)473-2259 office (866)547-3792 Fax 2004-02-26-1004 Room: Sunroom Missing Wall: Missing Wall: Missing Wall: Missing Wall: Missing Wall: 367.42 290.63 172.50 2 - 2'9" X 4'2" 2 .. 6'9" X 3'4" 1 ~ 5'11 tI X 6'10" 1 0& 3'8" X 7'1'i 1 .. 5'lOTt X "It! SF Wall. Sf Floor Sf Long Wall Opens into E Opens Into E Opens into E Opens into E Opens into E Sf Ceiling SY Flooring SF Short Wall 290.63 32.29 99.03 DEscRIPTION QNTY REMOVE REPLACE RCV DEPREe. ACV The above line item i. time and material method to repair ceiling. Materials to include one sheet drywall, joint compound, tape, fasten"" and 4 hours labor. 2. R&R 1/2" drywall - hung, taped, floated, ready for paint 184.25 SF 018 1.12 3. Vinyl window - double hung, 20-28 sf - High grade 1.00 EA 0.00 402.59 4. SeaL/prime part of the walls and ceiling - one coat 329.02 SF 0.00 0.26 5. Paint the walls and ceiling - two coats 658.04 SF 0.00 0.47 6. Remove Cupet 290.63 SF I. Drywall Ceiling Mat.$12.94 Lab.$173.28 1.00 EA 0.00 186.22 0.14 0.00 7. Caxpet 310.00 SF 0.00 2.36 8. R&R Caxpet pad 290.63 SF 0.06 0.40 9. Detach & Reset Baseboard elec1ric heater - 6' 1.00 EA 0.00 0.00 10. R&R French door - Exterior - stain grade jamb & casing 1.00 EA 10.41 411.26 II. Ceiling fan & light - Detach & reset I.OOEA 0.00 87.19 2004-02-26-1004 PAGE 03 L~WxH 22'6" ~ 12'11" x 7'8" Goes to neither Floor/CeiUng Goes to nellber Floor/Ceilillg Goes to Floor Goes to Floor Goes to Floor 658.04 SF Walls & Ceiling 55.42 LF Floor Perimeter 70.83 LF Ceil. Perimeter 186.22 27.93 158.29 239.53 30,95 208.58 402.59 60.39 342.20 85.55 12.83 72.72 309.28 46.39 262.89 40.69 0.00 40.69 731.60 109.74 621.86 133.69 17.44 116.25 67.33 0.00 67.33 421.67 61.69 359.98 87.19 0.00 87.19 03/19/2004 Page: 2 03/19/2004 08:09 71 76650137 NICOLE ADA~15 ,..---. . 'ftavelers ~. Travclerslnsurance P.Q, Box 168 Northumberland, Pa 17857 (570)473,2259 Office (866)547-3792 Fax CONTINUED - Sunroom PAGE 04 DESCRIPTION DEPREC, ACV QNTY REMOVE REPLACE RCV t2. Contents - move out then reset - Large rOom 45.89 1.00 EA 0.00 45,89 45_89 0.00 Room Totals: Snnroom . ~,.7S1.~3 367.36 2,383.87 Room: Great Room Missing WaU, Missing Wall: Missing Wall: Missing Wall: Missing Wall: Subroom 1: Offset 1 1 - 8'8" X 4'3h 1 - 5110" X 7'1" 1 - 6'6" X 6'10" 1 - 3'0" X 6'11" 1 - 2'8" X 3'6" Opens into E Opens into E Opens into E Opens Into E Opens Into E Missing Wall: 717.57 552.03 54.00 1 - 6'9" X 8'0" SF Walls SF Floor SF Long Wall Opens Into 0 561-74 SF Ceiling 61.34 SY Flooring 22.00 SF Short Wall DESCRIPTION QNTY REMOVE REPLACE RCV DEPREC. ACV 13. Contents - move out then reset - Extra large room 1.00 EA 0.00 91.80 14. R&R 1/2" drywall - hung, taped, heavy texture, ready for paint 561.74 SF 0.18 1.32 15. Detach & Reset Hanging light fixture 1.00 EA 0.00 0.00 2004-02-26-) 004 Formula Peaked 27'10" x 19'2" X 8'0" Goe$ to neither F100rlCeiling Goes to Floor Goes to Floor Goes to Floor Goes to neither FloorlCelllng LxWxH 6'9" I. 2"" :I 8'0" Goes to FloorlCeillng 1,279.31 SF Walls & Ceiling 84.1 7 LF Floor Perimeter 100_51 LF Ceil. Perimeter 91.80 91.80 0_00 842.61 0,00 842.61 25.59 25.59 0.00 0311912004 Page: 3 03/19/2004 08:09 NICOLE ADA~IS 71 76650137 ..----- Travelers ~. Travelers Insurance P.O. Box 168 Northwnber1and. Pa 17857 (570)473-2259 Office (866)547-3792 Fax CONTINUED - Great Room DESCRIPTION QNTY REMOVE REPLACE Rev ACV 16. Re<:essed light fixture - Detach & reset entire unit 4.00 EA 0.00 17. Fixture (can) for track lighting - Detach & reset 2.00 EA 0.00 18. Track for traCk lighting - Detach & reset 3.00 LF 0.00 19. R&R Batt insulation - 4" - Rll 561.74 SF 20. Carpet pad. Standard grade 552.03 SF 0.00 0.34 187.69 0,00 187.69 The above line item is to protect the finished wood floor and kitchen countertops Jj,om falling debris and due to bracing and installation oftempor8I)' wall for jacking up of trusses to perform retrofit. 21. Retrofit existing rafters per engineers protocsl Mat. $767.18 Lab.$1,771.52 1.00 EA 0.00 2,538,70 2,538.70 0.00 2,538.70 The above line ite is figured T&M for the retrofit of the existing rafters only. Materials to include fabricatred truss plates priced locslly, 1300 5/16 in. diam. zinc plated stell lag bolts, 32 eo. #2 equivelent 2' x 6' x 14' lumber. Labor to include two skilled trades and one general labor for two days. Tbe follwing eight line items ned to be performed to accomidate retrofit 22. Temp. Shoring - 1st 8 trusses both sides Mat. SI20.00/Lab. $332.16 1.00 EA 0.00 452.16 452.16 0.00 452.16 The above line item is figured T&M. Materials to include 16ea. 2"x4"xl0' lumber, fasteners and two sheets of 1/2" cdx plywood. Labor to included two skilled frm and I laborer@ 3hrs, ea. 23. Remove 1st 10 If of bulkhead Lab. $166.08 incl. moving existing lo1lycoluJDn back as well. 1.00EA 166.08 0.00 166.08 24. Screw jack rafter 1 through 8 Lab. S442.88 1.00 EA 0.00 442.88 442.88 The above line item is labor intell5ive to jack roofline to level and readjust shoring to accomidate retrofit. 25. Remove Temp Support and prep for move Lab $110.72 1.00 EA 110.72 0.00 26. Refuune temp. support for 2nd half 8 trusses, Labor $221 ,44 1.00 EA 0.00 221.44 56.42 225.68 7.25 14.50 4..51 13.53 0.17 0.40 320.20 110.72 221.44 The above line items' hourly rate wa.o:; reduced due to lumber being pre cut :&om la!lt fit 27. Remove 2nd 10 If ofbulkbead Lab. $166.08 1.00 EA 166.08 0.00 166.08 20Q4-{)2-26-1004 DEPREC. PAGE 05 0.00 225.68 0.00 14.50 0.00 13.53 0.00 320.20 0.00 166.08 0.00 442.88 0.00 110.72 0.00 221.44 0.00 166.08 03/19/2004 Page: 4 03/19/2004 08:09 71 75550137 NICOLE ADAI~S PAGE 05 -------- Travelers - ~ Travelers Insurance P.O. Box 168 Northumberland, Pa 17857 (570)473-2259 Office (866)547-3792 Fa" CONTINUED - Great Room DESCRIl'TION QNlY REMOVE REPLACE RCV DEPREC. ACV 28. Screw jack rafter 9 through 16 Lab. $442.88 1.00EA 0.00 442.88 442.88 0.00 442.88 29_ Remove Temp Support and prep for move Lab $110.72 1.00EA 110.72 0.00 110_72 0.00 110.72 The above line item i. to prep lumber for use to reframe header below. 30. Temp SupportHeadcr Lab. $43.22 - using exi.ting temp .upport hunbel'. . 1.00EA 0.00 43.22 43.22 0.00 43.22 3 L Remove Header and framing - Lab. $64.83 1.00EA 64.83 0.00 64.83 0.00 64.83 32_ Header Mat. $14.50 Lab. $129.66 1.00EA 0.00 144.16 144.16 0_00 144.16 33- Detach & Reset Jambs, 2 .ets of casing and paneling. Lab.$158.91 1.00 EA 0.00 0.00 158.91 0_00 158.91 34_ BlISeboard electric healer - 4' to 6' - Detach & reset 1.00EA 0.00 67.33 67.33 0_00 67.33 35. Outlet or .witch - Detach & reset 2.00 EA 0.00 8.36 16.72 0.00 16,72 36. Seal then paint the ceiling (2 coat.) 561.74 SF 0.00 0.46 258.40 0.00 258.40 37. Paint the surface: area - two coats 764.67 SF 0.00 0.47 359.39 0.00 359.39 Room Totals: Great Room i',486.22 0.00 7,486.22 2004-02-26-1004 03/t 9/2004 Page: 5 03/19/2004 08:09 71 76650137 NICOLE ADA~1S PAGE 12 .-- Travelers- ~ Travelers Insurance P.O. Box 168 Northwnberland,Pal7857 (570)473-2259 Office (866)547-3792 fax Recap By Category with Deprecial~on O&P Items RCV Depree. ACV CLEANING 91.96 91.96 CONTENT MANIPULATION 137,69 137.69 GENERAL DEMOLITION 1,395,79 1,395.79 DOORS 411.26 61.69 349.57 DRyWALL 1,134.08 58.88 1,075.20 ELECTRICAL 151.38 151.38 FLOOR COVERING - CARPET 1,035.54 127.18 908.36 FINISH CARPENTRY I TRIMWORK 158.91 158.91 FRAMING & ROUGH CARPENTRY 4,285,44 4,285.44 INSULA nON 224.70 224.70 LIGHT FIXTURES 366.49 366.49 PAINTING 1,179.22 84.21 1,095.01 SIDING 673.61 101.05 572.56 SOFFIT, FASCIA, & GUTTER 101.78 15.27 86.51 WINDOWS. VINYL 402.59 60.39 342.20 Subtotal 11,750.44 508.67 11,241.77 Base Service Charges 933.78 933.78 Material Sales Tax @ 6.000% 200.43 15.67 184.76 Overhead @ 10.00% 1,288.46 52.43 1,236.03 Profit @ 10.00% 1,288.46 52.43 1,236.03 O&P Items Subtotal 15,461.57 629.20 14,832.37 Cleaning Sales Tax @ 6.000% 6.62 6.62 Subtotal 15,468.19 629.20 14,838.99 Le.. Deductib1es (250.00) (250.00) Grand Total 15,218.19 629.20 14,588.99 2004-02-26-1004 03/1912004 Page: 11 03/19/2004 08:09 7175550137 N I COLE ADA~IS PAGE 07 "----- Travelers . ~. Travelers Insurance P.O. Box 168 Northumberland, Pa 17857 (570)473.22590Ilice (866)547-3792 Fax Room: Exterior Formula Elevation 13'6" J:... I9'0" Missing Wall: 98.83 0.00 121.50 1 - 5'8" X 4'0" SF Walls SF Floor SF Long Wall Opens Into E 0.00 SF Ceiling 0.00 SY Flooring 121.50 SF Short Wall Goes to neither Floor/Ceiling 0.00 SF Walls & Ceiling 13.50 LF floor Perimeter 13.50 LF Ceil. Perimeter DESCRIPTION QNTY REMOVE REPLACE RCV DEPREC. ACV 38. Paintin8 Mat.$21.20 Lab.$145.40 1.00 EA 0.00 166.60 166.60 24.99 141.61 The above line item is time and material method to paint Till, Materials to include 1 gallon exterior paint and 4 hour> labor. 39. Repair Siding Till Mat.$130.55 Lab.$486.36 1.00 EA 0.00 0.00 616.91 92.54 524.37 The above line item is time and material method to replace siding on exterior of house. Materials to include four sheets 5/8"x4x8 T Ill. nails and labor for I skilled siding installer and 1 general laborer, 6 hours each man. 40. Shuners - simulated wood (polystyrene) 1.00 EA 0.00 56.70 56.70 8,51 48.19 41. R&R Soffit & fascia - metal. 2' overhang 14.00 LF 0.43 7.27 107.80 15.27 92.53 Room Totals: Exterior 948.01 141.31 806.70 Room: GENERAL DESCRIPTION QNTY REMOVE REPLACE RCV DEPREC. ACV 42. Dumpster load - Approx. 12 yards, 1-3 ton of debris 1.00 EA 278.78 0.00 278.78 43. General Demolition - per hour 8.00 HR 24.28 0.00 194.24 The above line item is to remove debris from inside house and put in dumspter. 0.00 278.78 0.00 194.24 2004-02-26-1004 03/19/2004 Page; 6 03/19/2004 08:09 -- Travelers . ~ 71 75550137 Travelers Insurance P.O. Box 168 Nonhwnber1and, Pa 17857 (570)473-2259 Office (866)547-3792 Fax N I COLE ADA~1S PAGE 08 CONT~ED.GENERAL 2004.02-26-1004 03/19/2004 Page: 7 03/19/2004 08:09 71 76650137 NICOLE ADAMS PAGE 09 -------- Travelers . L_..../ Travelers Insurance P.O. Box 168 Northumberland, pa 17857 (570)473-2259 Office (866)547-3792 Fax Grand Total Areas: 1,183.82 SF Walls 852.37 SF Ceiling 2,036.18 SF Walls & Ceiling 842.66 SF Floor 93.63 SY Flooring 153.08 LF Floor Perimeter 348.00 SF Long Wall 242.53 SF Short Wall 184.85 LF Ceil. Perimeter 000 Floor Area 0.00 Total Area 0.00 Interior Wan Area 0.00 Exterior wall Area 0.00 Exterior Perimeter of Walls 0.00 Swface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 T oral Ridge Length 0.00 Toral Hip Length 0.00 Area of Face 1 2004-02-26-1004 03/19/2004 Page: 8 03/19/2004 08:09 71 75550137 ..----" Travelers . ~ Travelers Insurance P.O. Box 168 Nortbwnbcr~d,PaI7857 (570).473-2259 Office (866)547-3792 Fax NICOLE ADAMS PAGE 10 Summary for Vehicle Line Item Total Total Adjustments for Base Service Charges Material Sales Tax @ 6.000% x Subtotal Overhead profit C1eming Sales Tax Replacement Cost Value Less Depreciation A<tual Cash Value Less Deductible Net Claim Total Recoverable Depreciation Net Claim if Depreciation is Recovered 2004-02-26-1004 @ @ @ 10.0% x 10.0% X 6.000% X :~hL~(U Nicole Adams 3,340.45 11,750.44 933.78 200,43 12.884.65 12,884.65 110,35 12,884.65 1,288.46 1,288.46 6.62 15,468.19 (629.20) 14,838.99 (250.00) 14,588.99 629.20 15,218.t9 ~~ 03/19/2004 Page: 9 '03/19/2004 08:09 7176650137 NICOLE ADAMS PAGE 11 ...----. Travelers . ~. Travelers Insurance p,O, Box 168 Northumberland, P. 17857 (570)473-2259 Office (866)547-3792 Fax Recap by Room Estimate: 2004-02-26-1004 SUDroom 2,751.23 18.03% Great Room 7,486.12 49.05% E:oterior 948.01 6.21 % GENERAL 564.98 3.70% Subtotal of Areas 11,750.44 77.00% Base Service Charges 933.78 6.12% Overhead @ 10.00% 1,288.46 8.44% Profit @ to.OO% 1,288.46 8.44% Grand Total 15,261.14 100,00% 2004-02.26-1004 03/19/2004 Page: 10 EXHIBIT "D" Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Kurt & Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Work OrderlProposal April 19, 2004 Description: Repair damage caused by automobile accident. Inspection: The inspection for this estimate was non-invasive. At the time of inspection, no access to the attic was available. Certain minimum assumptions have been made. This estimate provides for additional work to establish a usable access for the purpose of inspecting the truss system of the Family Room. A supplement can be expected for any additional required repair work. Any additional undiscovered or required repair work related to the project is to be completed on ., time and material rate of $SO.OO/hour. Qualifying information: This estimate is valid for t,hirty days. AIl.measurements are approximate. All measurements are in feet. Work is to take place during regular work hours, (7am-7pm) and days, (M-F). All choices must be made prior to start of work. All paint to be applied to be top quality Duron. Wall & ceiling paint finish is to be flat. Ceiling paint color is to be 914 white. Trim paint finish is to be semi-gloss. Colors are required to be neutral. (Trim & wall paint choices are required.) Work will begin with preparatory work proceeding in all rooms simultaneously. Includes moving & pfOltecting most contents. Contractor is not responsible for moving of audio/visual equipment, antiques or collectibles. Any additional undiscovered or required repair work related to the project is to be completed on a time and material rate of $SO.OO/hour. A separate detailed invoice will be provided. Scope of Work: General Apply for penn its. (Initial application only. Requests for additional infonnation will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Remove, reset & protect contents & unaffected areas. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Exterior: Front Yard Sidewalk: 3x30 Remove 189 LF landscape timbers installed with re-bar. Remove & save 90 SF of brick pavers. Install 189 LF oflandscape timbers wire-bar. Reinstall 90 SF of brick pavers. Install 8 plastic, photocell landscape lights along walkway. Exterior: Rear: Clean, Prime and paint 104 SF T -III wall panel Clean, Prime and paint door trim. Clean, Prime and paint two window trim. Page one of three Where You Turn When You Need To Trust Your Home In Someone E/ses Hands - HOME IN HAND 109 Fawn Court ill Harrisburg, PA 17110 ill Phone: (717) 545-2200 ill Fax: (717) 652-5673 www.homeinhand.com Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Page two ofthree Exterior: Right Side: Remove storm door Install new full light storm door. (Allowance $300.00) Install single door w/stain grade jamb & casing. (Allowance $600.00) Install door hardware. (Allowance $125) Clean, prime & paint two window trim. Stain & polyurethane French door. Clean, Prime and paint 168 SF T -III wall panel Clean, Prime and paint door trim. Exterior: Front: Remove 14LF soffit & fascia. Install 14LF soffit & fascia. Remove 6 pair vinyl shutters. Install 8 pair vinyl shutters. Remove 14LF molding. Install 14LF I x4 trim molding. Prime & paint 14LF molding. Install 104 SF T -III wall panel. Prime and paint 104 SF T-III wall panel. Prime & paint two window & one door trim. Family Room: Interior Front Walll3x8 Remove & reinstall baseboard heat. Temporarily support exterior wall. Remove temporary emergency work framing. Remove temporary emergency work insulation Install new 104 SF 2x4 16 OC framing with two window openings. Install 104 SF R-13 kraft faced insulation. Install two high-grade double hung vinyl windows. (Allowance $300.00ea) Family RoomlKitchen wall. 25x9 Remove & reinstall two sections of baseboard heat. Remove 25LF base trim. Remove '/." 184 SF plywood Family room side. Remove 258 SF painted wall panel, Kitchen side. Remove 516 SF drywall (Both sides) Remove & reinstall 4 outlets & switch. Install temporary support to replace header. Install 23 LF 2x I 0 header and framing. Install four square structural columns. Install 23LF 3-4'knee wall. Install I x6" sill on 23 LF knee wall. Prime & paint sill. Prime & paint four structural columns. Prime & paint 230 SF drywall. Install passage way case & trim both sides. Install 25LF base trim. Prime & paint passage way case & trim both sides. Install 230 SF drywall. (Both sides) Page two of three Where You Turn When You Need To Trust Your Home In Someone E/ses Hands - HOME IN HAND '09 Fawn Court iIIl Harrisburg, PA 17110 iIIl Phone: (717) 545-2200 iIIl Fax: (717) 652-5673 www.homeinhand.com HOME-IN-lIANn Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Page three of three Family Room 25x13x8 Remove 4x8 section of drywall ceiling at center of room. (Ceiling has aluminum soffit above drywall.) Repair two areas of drywall ceiling. (Remove 64SF drywall, install nail"rs, finish drywall) Remove 72LF base trim Install 72LF base trim Prime & paint 72LF base trim. Prime & paint 299SFceiling Prime & paint 576SF walls. Prime & paint 6 window & three door trim. Remove carpet & pad Install carpet & pad. (Allowance $22/SYD) Remove & reinstall ceiling fan. Kitchen/Living Room & Hall & Hall Area: 25x17xl0 Offset: 3xl2x8 Remove & reinstall light fixture. Remove & reinstall four recessed light fixtures. Remove & reinstall track light. Protect contents and unaffected structure. Includes 552 SF carpet pad. Remove 561 SF Drywall ceiling. Remove 561 SF R-30 ceiling insulation. Install temporary rafter support, two sections, and one on each side. Retrofit rafters per engineering report. . Remove 10LF of bulkhead. Remove painted wall panel from bulkhead. Remove drywall from bulkhead. Move Lally column. Screw jack rafter numbers 1-8 both sides, to level roof line, reinstall shoring to fit. Remove temporary support. Install 51 SF wall panel on bulkhead. Install 51 SF drywall on bulkhead. Sand, prime & paint 51 SF wall panel on bulkhead. Install 561 SF Drywall ceiling. Install 561 SF R-II ceiling insulation. (Insulation size is not yet determined) Install 561 SF ceiling texture Prime & paint 609 SF ceiling. Prime & paint 1054 SF walls. Prime & paint 121 LF base trim. Prime & paint ei h or & nine d 0 trim. Offset: 3xl6x8 Contractor L _;/ $41,385.00 -y1/9' / (j)-/ Owner / / Owner / / Where}bu Turn When You Need To Trust Your Home In Someone Etses Hands - HOME IN HAND 109 Fawn Court !Ill Harrisburg, PA 17110 iIIl Phone: (717) 545-2200 111 Fax: (717) 652-5673 www.homeinhand.com EXHIBIT "E" f"'''''':" i r 1.1 HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded BID HOME-IN-HAND HOME MAINTENANCE AND REPAIRS THIS AGREEMENT, made this 1 OJ;~\,, day of M "-... , 200~ I,y and between l~u".I; J, PA...> \Cl\-Z UI\~"_'< l ,,+'\<"~ _,nToreinaftercalled .Owner"" and RANDY DUNCAN, tie HOME-IN-HAND HOME MAINTENANCE AND REPAIRS" of 109 Fawn Court" Harrisburg, Pennsylvania 17110, hereinafter called ~Contractorn. Contractor and the Owner, in consideration of mutual pro":lises h~re:\n made, agree as follows: I. Scope of Work: Contractor 'submits tlie following specifications (see attached work order form) and shall furnish all materials not provided by Owner, unless specified, and perform all labor as it pertains to the work, maintenance and repairs to be performed on the property -,0 - -? -. \.. . .1. ---;-; \ '1 " \ \ I \ Ll" 1--;' I \ at I \.t.. , t'.,.....~, ,....~~ ...........-'\. \ :-~<- T\O-...\.~ ~c........... r'" - I J I r', I (, , II. Contract Price: Contractor proposes to furnish materials and labor in accordancEI with the above specifications for a total estimate of $ , Material prices are subject to change without notice. This Agreement may be withdrawn by Contractor if not accepted within thirty (30) days. The commencement of work shall be at the discretion of the Contractor for contral;ts executed by Owner and received by Contractor more than thirty (30) days after the date written above and the time to commence work as set forth in Section IV below shall not be applicable. III. Payment: Payment is to be made by Owner to Contractor as follows: $ 'f) Y 191) . ~~ Down Payment .. (,-1.5 -c.u $ /0. 0 Cl 0 ("")(.)... Upon Commencement of Job~:~~ =j[JCljN~.:"" 1{~f1"\,""" ,- -1 ,/ \ ' , ' $ 10 . n (') (") D("J Draw #1 on ....? K U ...:hf).~ \oe: 1.,..0 C"'; t-- $ Y. 0 <9 C) Cc') Draw #2 on <:; t-k. ''''''00. l '-'''''" L $ 2.' Do c> = Balance Upon Completion. . IV. Time for Completion: The work to be performed under t~is Agreement shall bEigin on or about 30-120 days after receipt of an accepted agreement, and the Contractor shall continue to proceed with such work until completed, without delay. Allowance shall be made for any adverse weather conditions, changes, change orders, alterations, unavailability of materials or extras which may prohibit Contractor from performing services; such time lost shall be added to any time originally estimated or :agreed upon for completion of the services to be provided by Contractor. Due to the nature of the work, where no comple- tion date is specified, no verbal agreements as to completion are binding upon Contractor. V. Additional Terms and Conditions: Owner and Contractor agree to and accept all general terms and conditions on the reverse side of and attached to this Agreement, and the Contractor is authorized to begin work by Owner. IN WITNESS WHEREOF, the parties have executed this Agreement the day alnd year written above, intendingJa..ba legally b;~d. -' "' ., /' ../ . :::TER:CT~~l " tf-/ ,r v /(/" t:' /' OWNE~<~' ,J \ i {iCL, k ( ( he / . Dale .s / 7 I~':/ I. ;/ Date c: /7/1 tC/ / I / D 1._.- / ./ ate T"' /'/ /.-? (/- // /' /~./ / 109 Fawn Court Giving you the time to do whats really important. tltII Harrisburg. PA 17110 ilia (717) 545-2200 lIllI (717) 730-7800 lIllI Fax: (717) 652-5673 VI. ~.n.r81 Terms and Conditions: 1. Contractor shall complete all work In a good and workmanlike manner. Malerials fumlshed by Contractor shall be of good and commercially reasonable quality. Materialsfumished by Contractor are to be new unlass speclfted otherwise by Owner, and If exact Items as set fl)rth In the Scope of Work or specifications of Owner cannot be obtained or provided, Contractor shall have the right to subsUtute re8iOnable comparable Items. All materials used will be standard stock materials, unless otherwise specified, and will match existing malerlals within reasonable tolerance, as to color, texture, design, quality, elc. Contractor, however, is nol responsible or liable lor, nor provides any warranty for, any materials specifically provided by Owner to Contractor lor use by Contractor. 2. Payment: Payments are to be made by Owner according to the agreed aforementioned schedule. Payments not received on schedule will result in work stoppage. Work will resume upon recelpl of payment and an opening Contractor's schedule. Late payments of any amourlt set forth in Section Iii, shall be subject to a late fee of 5%. Owner agrees to pay interest on delinquent payments to accrue at the rate of One and One.haif (1 112%) percent per month thereafter. Owner agrees to pay Interest on delinquent payments to accrue at the rata of one and one-half percent {1 112%) per month, accruing after completion of work or termination of project, whichever shall first occur. 3. All change orders shall be In writing and signed by both Owner and Contractor. Any alterations ordevlatlons from the above iSpeciflcatlons Involving extra costs will be executed only upon written change order between Owner and Contractor and will become an extra charge I)ver and above the contract price, due and payable upon executlon 01 the Change Order. 4. Special or custom order materials provided by Contractor shall be deemed non-relumable by Owner and the cost thereof non-refundable in any event, Induding, but not limited to. cancellallon or termination of this Agreement. Owner agrees to pay Contractor, In advance upem request of Contractor, the cost of special or custom order materials to be provided by Contractor. 5. Any cancallation, rescheduling, termination ofwork and services of Contractor, work. stoppage requested of Contractor by Owner or change order after commencement of this Agreement shall be made by Owner, providing no less then forty-elght (48) hours prior written notice of such request to Contractor. Owner agrees to pay as an extra fee in addition to the contract price the time lost by Contractor at the rate of up to $300 per day to be determined by Contractor, for each person scheduled to provide work and services pursuanttothls Agraement.lf notice Is not timely provided by Owner to Contractor. In the event that payment Is not received timely by Contractor as required by this Agreement, or any work stoppage results due 10 any non-payment or default to perform under the terms of this Agreement by Owner, Owner agrees to pay as an extra end additional Charge to the contract price, the time lost Contractor at a rate of up to $300 per day to be determlned by Contractor for each person scheduled 10 provide work and services. 6. Contractor warrants that he is adequately insured for injuries to his employees. Contractor shall be considered an indeperident contractor with respect to that part of the wor1l: he has undertaken to pel1orm. 7. Owner shall be responsible for the removalof all debris, unless otherwise specified. 8. Contractor shall not be liable for any losses nor for any delay due to circumstances beyond his control, Including strlkes,lnclement weather, acts of God, casualty, general unavallabUlty of materials or stoppage of work. by public aulhorlty not due 10 any tault 01 the Contractor. 9. All materials delivered upon and provided to the premises by Contractor shall remain In the property of the Contractoruntllln-corporatad Into the premises and the Contractor receives payment. All 10015 and equipment furnished by Contractorshall be deemed to be and remain the property of the Conlractor or any subcontractors employed by him. 10. It shall be the responsibility of the Owner to arrange for and secure, at Owner's cost, If any, all required permits, fees or licenses, unless expressly specified otherwise within Contractor's Scope of Work or Change Order. 11. All repairs, replacements or additions authorized and provided herein relate to the specifications of the scope ofwor1l: appended to this Agreement or as set forth in Article I hereof and do not cover pre-exlstlng deflclencles, hidden, unknown or unforeseen conditions, unless specifically stated. Contractor is not responsible or liable for pre-existing deficiencies, for material, labor or olher services provided by Owner or any Individuals other than the Contractor. The completion of work by Contractor Is not to be deemed an acceptance by the Contractor of any such work, materials or services provided by the Owner or contractor(s) or subcontractor(s) of Owner. For purposes of this agreement, Owner Is deemltd to have fully accepted aU labor, malerials and services provided by any workman, contractor(s) or subcontractot(s) other than Contractor hereunder or his employees, as well as the condition of the premises on the date of the commencement of services by Contractor hereunder. 12. All painting of existing services is estimated to retum the existing paint surfaces to the same color. Any changes in color or in type of material will be done at extra cost to the Owner. 13. Contractor may display on the premises a temporary advertising sign identifying Contractor, while work is in progress, subjltct to applicable govemmen- tal regulations. 14. The contract price Is based upon the completion of the work during normal working hours, and the Owner agrees toprovkle access to the Job site and premises at all times as required for completion of the worit by Contractor, Owner's telephone and utIl111es are to be rmide available to ContractOf's personnel during the course of wori<;. Access instructions to the pramlses by Owner are as follows: . Owner agrees to P~lY such addlllonal charges at Contractor's customary rate of up to $300.00lday per person for time lost to ContractOl' during normal working hours felr OWner's failure to provide access to the premlses, proper work directions and instructions, required materials or Owner's failure to complete its own wor1l:, If any. 15. Contractor Is not responSible for the removal, security orstorage of any personal or other property of the Owner on the premises or Job site area, including but not limited to ,theft, disappearance of or damage to such items unless specificallY agreed otherwise. Ownerls. responsible forthe removal, security and storage of all personal and other property from the Job site and affected work areas unless specifically agreed other wise with the Contractor. 16. In the event of default by Owner or It becomes necessary tor Contractor to tum this matter over to a collection agency or service or Contractor's attomeys for collection and/or enforcement of the tenTIs and conditions of this Agreement, Owner agrees to pay all f'~es, costs and expenses of collection ineluding, but not Ilmlled to, collection agency fees, reasonable attorneys' fees, court costs and expenses, as are Incurred by Contractor for such collection or enforcement. 17. Contractor has no responSibility for any additional work or services performed under any agreement between the propel1y Owner and the wor1l:men, tradesmen or subcontractors of the Contractor. 18. NO WARRANTIES EXPRESS OR IMPLIED, ARE BEING PROVIDED, EXCEPT AS PROVIDED OTHERWISE SPECIFICALLY HEREIN. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED AND DO NOT APPLY, INCLUDING, SLIT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND HABITABILITY. 19. MY right of action or defense arising cui of the transaction which gave rise to this contract which OWner has against Contractor shall be cut off by assignment of this contract to any third person If the asSignee gives notice of the assignment to Owner as provided in Section 208 of the Home Improvement Finance Act of Pennsylvania and within fifteen (15) days of the malUng of such notice receives no written notice of the facts giving rise to the claim or defense of the Owner. 20. In the event this Agreement is deemed to be a consumer credit contract, the following Notice Is provided, NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO AlL CLAIMS AND DEFE~ISE WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS AND SERVICES OBTAINED BY THE DEBTOR SHAlL NOT EXCEeD THE AMOUNT PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED- IN COPY OF THIS CONTRACT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE 'THE FUL.L AMOUNT DUE AND, UNDER CERTAIN CONDITIONS, TO OBTAIN A PARTIAL REFUND OF FINANCE CHARGES. (4) Y.OU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE HEREOF BY GIVING WRITTEN NOTICE OF RESCISSION TO THE CONTRACTOR AT HIS PLACE OF BUSINESS GIVEN IN THE CONTRACT, BUT IF YOU RESCIND AFTER MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING, YOU ARE STILL ENTlTL.ED TO OFFER DEFENSES IN MITIGATION OF DAMAGES AND TO PURSUE ANY RIGHTS OF ACTION OR DEFENSES THAT ARISE OUT OF THE TRANSACTiON. Initial '00 VERIFICATION Paulette Underkofler, deposes and says, subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that she makes this verification by its authority and that the facts set forth in the Complaint an: true and correct to the best of S' Date her knowledge, information and belief VERIFICATION Kurt Underkofler, deposes and says, subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. 5//7~Y- Date / / CERTIFICATE OF SERVICE I hereby certify on this ,.2k day of June, 2004, a true lmd correct copy of the foregoing document was served via regular mail upon the following: Jeffrey Gruver Property Unit Manager Travelers 1105 Berkshire Boulevard Wyomissing, Pennsylvania 19610 / l-Ck~'0v~_ () "" 0 c= ( (,:.:,:,) -n .r- < .-1 L- :;1~=J c:: -<- I, '1"-- nl I -;~C) N ~;~! ~~~ ~,2~-) :, \~n r:? , I "". "'-' -'Jj -<: <; . ~ PAULETTE UNDERKOFLER and KURT UNDERKOFLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW NO. 04-2116 Civil v. FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant ACCEPTANCE OF SERVICE I accept service of the Writ of Sun;mons on behalf of Defendant and certify that I am authorized to do so. Dated: t~/ ~,:) cr ;J~L-- , P-ropeiiy Travelers 1105 Berkshire Boulevard Wyomissing, Pennsylvania 19610 518536.1 CERTIFICATE OF SERVIlCE I hereby certify on this 16th day of June, 2004, a true and correct copy of the foregoing document was served via regular mail upon the following: Jeffrey Gruver Property Unit Manager Travelers 1105 Berkshire Boulevard Wyomissing, Pennsylvania 19610 ~ aD. Boozel --- S2196l.I Q '''' ;::g:, ,~ ~~~. <<'- '.0>,- ~t; ~:J -< , ......, = c::, -"'" <- ~= o -n --I ::r: rnfD -of1'1 ~nC::' C1(.L) --1_""" S:2~q ;:::o;,rn '--~j ..,.,;:,. <' . ::<: -' -0 U1 (.oj PAULETTE UNDERKOFLER and KURT UNDERKOFLER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 04-2116 v. FARMINGOTN CASUALTY COMPANY, Defendants JURY TRlAL DEMANDED I ENTRY OF APPEARANC:& TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant Farmington Casualty Company in the above matter. Respectfully submitted, THOMAS, 1'HOMAS & HAFER, LLP by: ~"q- Brooks' R. 1"6 and, Esqu're l.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this ~ /5tay oCJvft.-L- , 200YI, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PA 17108-1146 ~ ~ ~ PAULETTEUNDERKOFLERand KURT UNDERKOFLER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. FARMINGTON CASUALTY COMPANY, CML ACTION - LAW NO. 04-2116 JURY TRIAL DEMANDED Defendants PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant Farmington Casualty Company, by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files these Preliminary Objections to Plaintiffs' Complaint pursuant to Pa.R.C.P. 1028(a) and respectfully avers as follows: MOTION TO STRIKE AND/OR FOR DEMURRER 1. It is believed that on or about June Jl, 2004, Plaintiffs Paulette and Kurt Underkoffler filed a Complaint against Defendant. A copy of Plaintiffs' Complaint is attached hereto as Exhibit A. 2. This case concerns the handling of Plaintiffs' homeowner's insurance claim following a November 20, 2003 accident involving Plaintiffs' home. 3. In Plaintiffs' Complaint, Plaintiffs sue under theories of breach of contract, statutory bad faith under 42 Pa.C.S.A. ~ 8371 and violations of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. ~ 201-1 et seq., and the Unfair Insurance Practices Act, 40 P.S. ~ 11 71.1 et seq. 4. Plaintiffs' Complaint contains a demand for a jury trial. 5. If the claims against Defendant proceed to trial, Plaintiffs are not entitled to a jury trial on their claim for bad faith and, as to any such claims, the demand for a jury trial should be stricken. See, e.g., Mishoe v. Erie Insurance Company, 824 A.2d 1153 (Pa. 2003). 6. Count III of Plaintiffs' Complaint sets forth claims under Pennsylvania's Unfair Trade Practices and Consumer Protection Law and Unfair Insurance Practices Act. 7. Plaintiffs may not pursue a private cause of action under the Unfair Insurance Practices Act. See, e.g., Fav v. ]:<;rie Insurance Group, 723 A.2d 712 (Pa. Super. 1999). 8. Plaintiffs have failed to state a private claim under the Unfair Trade Practices and Consumer Protection Law. See, e.g., DeLucido v. Terminix International, 676 A.2d 1237 (Pa. Super. 1996), alloc. denied, 684 A.2d 557 (Pa. 1996). 9. As such, Defendant's Preliminary Objections in the nature of a demurrer should be granted as to Count III of Plaintiffs' Complaint. 10. Finally, Defendant's Preliminary Objections in the nature of a demurrer should be granted because Plaintiffs failed to request appraisal under the terms and/or conditions oftheir homeowner's insurance policy with Defendant, which is a condition precedent to filing any lawsuit. A copy of the homeowner's insurance policy is attached to Plaintiffs' Complaint as Exhibit A at page 13. WHEREFORE, Defendant Farmington Casualty Company respectfully requests that its Preliminary Objections be granted, dismissing Count III of Plaintiffs' Complaint and striking Plaintiffs' demand for a jury trial. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: ~ .::> ~=--\ ;/ Brooks R. Foland, EsqUire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Defendant Farmington Casualty Company Timothy J. Nieman, Esquire Attorney J.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717)233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2116 Civil FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant . . NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing .with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 A VI SO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despu<es de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anterionnente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. S1 USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 V A Y A A LA .S1GUIENTE OF1CINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR AS1STENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW NO. 04-2116 Civil PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant COMPLAINT NOW COME Plaintiffs, Paulette Underkofler and Kurt Underkofler, by and through their undersigned attorneys, and files this Complaint, stating as follows: 1. Plaintiff Paulette Underkofler is an adult individual residing at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff Kurt Underkofler is an adult individual residing at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania. Mrs. Underkofler and Mr. Underkofler are husband and wife. 3. Defendant Farmington Casualty Company is an insurance company with a place of business at One Tower Square, Hartford, Connecticut. Defendant is one of the Travelers property casualty companies and will be referred to herein as ''Travelers.'' 517032.1 4. The Underkoflers are insured pursuant to Homeowners Insurance Policy number 945721010b 633 1 (the "Insurance Policy") issued by Travelers. (A true and correct copy of the Insurance Policy is attached hereto as Exhibit "A"). 5. The Insurance Policy provides insurance coverage for, among other things, damage to the Underkoflers' house and real property (the "Underkoflers' House") located at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania. 6. The Underkoflers are "insureds" pursuant to the definitions contained in the Insurance Policy. 7. The Underkoflers' House is the "insured location" pursuant to the definitions contained in the Insurance Policy. 8. The Insurance Policy defines "occurrence" to include, among other things, "property damage", which is further defined to include "physical injury to, destruction of, orJoss of use of tangible property." 9. The Insurance Policy covers "[t]he dwelling on the 'residence premises' shoWn in the Declarations, including structures attached to lhe dwelling." 10. The Insurance Policy states that Travelers "insure[s] against risk of direct physical loss to property described in Coverages A and B." This includes risk of direct physical loss to the Underkoflers' House. 11. On or about November 20, 2003, Jonathan L. Shoop smashed his automobile into the Underkoflers' House. The Cumberland County District Attorney charged Mr. Shoop with Dill and numerous summary traffic offenses. The accident occurred when Mr. Shoop failed to negotiate a bend in the road and his car tore through the Underkoflers' yard, went airborne and smashed into th,: front of the Underkoflers' House. (True and correct copies of pictures of the accident are attached hereto as Exhibit UB"). 12. The Underkoflers' House suffered significant damage as a result of the impact from Mr. Shoop's vehicle, must noticeable of which is the gaping hole in the front of the Underkoflers' House. 13. The Underkoflers immediately reported this incident to Travelers. Further, the Underkoflers have complied with all requirements of the Insurance Policy and have complied with all conditions precedent to their right to recover under the Insurance Policy. 14. Since the accident, and in an effort to mifigate their damages, the Underkoflers have been living in their House. In order to do this, the Underkoflers have been living with a tarp and temporary insulation covering the hole. Because of health, safety and aesthetic reasons, the Underkoflers basically spent the winter in their bedroom, while they were at home. 14. On at least eight occasions, Travelers has sent representatives, including a professional engineer, to inspect the damage at the Underkoflers' House. Despite Travelers' knowledge ofthe severity of the damage and conditions under which the Underkoflers have been forced to live since the date of the accident, Travelers has failed and refused to reimburse the Underkoflers for the costs associated with restoring the Underkoflers' House to its pre-accident condition as required by the Insurance Policy. 15. Finally, on or about March 19,2004, Travelers provided the Underkoflers with a long awaited estimate on how much Travelers thought it would cost to repair the damage to their house. The estimate was in the amount of$15,218.19. (A true and correct copy of the Travelers' estimate is attached hereto as Exhibit "e"). 16. Not believing that their house could be repaired for the amount of the Traveler's estimate, and based upon representations by Travder's representative Nicole Adams that the Underkoflers could use any contractor they desired to repair the damage, the Underkoflers had a contractor provide them with an estimate to repair the damage caused by the accident. The quote obtained by the UnderkoHers indicates that it will cost $41,385 to repair the damage. (A true and correct copy of the Underkoflers' estimate is attached hereto as Exhibit "D"). 17. By letter dated May 3, 2004, counsel fOr the Underkoffiers demanded that Travelers honor the $41,385 quote. Travelers, despite the n:quirements of the Insurance Policy, refused to pay the Underkoflers this amount. 18. On May 7, 2004, the Underkoflers entered into a contract with a contractor to perform most ofthe repair and restoration work at the Underkoflers' House for $38,800. (A true and correct copy of the contract is attached hereto as Exhibit "E"). The Underkoflers believe, and therefore aver, that there will be additional work required to restore their house and landscaping to pre-accident condition. Additionally, the Underkoflers have experienced other costs and expenses associated with the accident. COUNT I BREACH OF CONTRAC1[ 19. The Underkoflers incorporate herein by ref(:rence the above Paragraphs as if fully set forth herein. 20. Pursuant to the terms of the Insurance Policy, Travelers is required to reimburse the Underkoflers for damage to their house, as well as incidental costs associated with the damage caused to the house when Mr. Shoop wrecked his car into the front of the House and damaged the Underkoflers' landscaping. 21. Despite this contractual obligation, Travelers has refused to pay the Underkoflers aU amounts incurred as result of the accident and aU other reasonable costs associated with repairing the damage to the Underkoflers' House and landscaping related to the accident. 22. The Underkoflers have been damaged as a result of Travelers failure to honor its contractual obligations. WHEREFORE, Plaintiffs demand judgment in their favor against Travelers for an amount in excess of the minimum amount for compulsory arbitration, plus interest and costs, including attorneys' fees, and such other relief as the Court deems just. COUNT II BAD FAITH 23. The Underkoflers incorporate herein by reference the above paragraphs as if fuUy set forth herein. 24. A claim for bad faith in expressly authorized by Section 8371 of the Pennsylvania Judicial Code, 42 Pa. C.S.A. ~ 8371. 25. Travelers did not have a reasonable basis for refusing to pay the fuU amount of damagc:s suffered by the Underkoflers as a result of Mr. Shoop smashing his car into the Underkoflers' House. 26. Travelers knew or recklessly disregarded its lack of reasonable basis in refusing to pay the full amount of damages suffered by the Underkoflers as described above. 27. Travelers's alleged basis for refusing to pay the full amount of damages suffered by the Underkoflers is unreasonable, frivolous and tmfounded. 28. Traveler's actions and conduct constitute bad faith and a reckless disregard for the rights of its insureds, the Underkoflers, as well as a gross deviation from its duty as an insurer 29. There exists no legal basis for Travelers' refusal to pay the full amount of damages suffered by the Underkoflers as- a result. of Mr. Shoop smashing into the Underkoflers' House. 30. Pursuant to Section 8371, and based upon Travelers' bad faith as set forth above, the Underkoflers are entitled to the full amount of their loss, interest, punitive damages, and attorney's fees and costs. WHEREFORE, Plaintiffs demand judgment in its favor against Travelers for an amount in excess of the minimum amount for compulsory arbitration, plus interest, punitive damages, court costs and attorneys' fees, in accordance with 42 Pa. C.S. ~8371 and such other relief as the Court deems just. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT 31. The Underkoflers incorporate herein by refe:rence the above paragraphs as if fully set forth herein. 32. The Underkollers purchased the Insurance Policy from Travelers for personal, family and household purposes, specifically for the purpose of insuring the Underkollers' House. 33. Travelers, through its agent Nicole Adams, represented to the Underkollers that they could choose any contractor that they wished to perform the work required to return the Underkollers' House to its pre-accident condition. Despite this representation, Travelers has refused to reimburse the Underkollers as promised. 34. Travelers failed to conduct a prompt and reasonable investigation of the Underkollers' claim in violation of the Unfair Insurance Practices Act, 40 P.S. ~1171.1 et sea. 35. Travelers conduct as outlined above constitutes unfair or deceptive practices or acts within the meaning of Sections 201-3 and 201-2(4) of the Unfair Trade Practices Act and Consumer Protection Law, 73 P.S. ~ 201-1 et sea. 36. Under 73 P.S. ~ 201-9.2, this Court is (:mpowered to Impose treble damages upon Travelers. 37. As a direct and proximate result of the violations by Travelers of the Unfair Trade Practices Act and Consumer Protection Law, the Underkollers have suffered significant ascertainable losses and damages. WHEREFORE, pursuant to the remedies provided in the Unfair Trade Practices Act and Consumer Protection Law, Plaintiffs demand judgment be entered in their favor against Travelers in an amount totaling three times Plaintiffs' actual damages, which exceeds the jurisdictional limit for compulsory arbitration, plus reasonable attorneys' fees, interest, costs and delay damages, and all other damages as allowed by Pennsylvania law. COUNT IV DECLARATORY JUDGMENT 38. The Underkoflers incorporate herein by refer,ence the above paragraphs as if fully set forth herein. 39. A court has power to render declaratory relief if a judgment or decree will terminate the controversy or remove an uncertainty. 42 Pa. C.S. 97632, 97536. 40. A controversy exists when opposing claims are present and indicative of imminent litigation. 41. There exist antagonistic claims indicating imminent and inevitable litigation, an~ as such there exists a real and actual controve:rsy which is justiciable in this Court, specifically, whether or not Travelers, pursuant to the Insurance Policy, must reimburse the Underkoflers for their loss. 42. The interest of the Underkoflers and Travellers will be best served if this Court will enter a declaratory judgment setting forth the rights of the parties with respect to this dispute, and declaratory relief would render practical help in ending this controversy. 43. The Declaratory Judgment Act is to be liberally construed to afford relief from uncertainty. 44. A declaratory judgment would be particularly applicable for issues of determining the rights, obligations, and duties of Travelers in this matter WHEREFORE, the Underkoflers respectfully request that this Honorable Court enter a declaratory judgment in favor of the Underkoflers determining that Travelers is obligated, pursuant to the Insurance Policy, to cover and reimburse the Underkoflers for their loss and the costs associated with restoring and nepairing the damage to the Underkoflers' House and landscaping. Respectfully submitted, By: RHOADS & SINON LLP TM!1f - One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 ~ Attorneys for Plaintiffs EXHIBIT" A" ; ) j ) ) - .=-- Travelerst Homeowners Policy Booklet front Travelers Especially for: PAULETT UNDERKOFLER - -_ PreJXlred by. "= INSURANCE COUNSELORS INC ~- ...... c=: o == -= - "'"""" - -= - - - - .- = ,- - - = ~ - .=-- ." .,.. HO-3 HOMEOWNERS 3 . SPECIAL FORM The Contents of This Booklet 1. Your Declarations: A summary of your coverages, amounts of insurance. and premiums for those coverages under the policy. 2. Homeowners Policy: The policy contract describing coverages, rights, and oblig:ations. 3. Endorsements: Additional coverages or policy provisions applicable to your policy, . .. 4. Important Notices: Information required by your state but not part bf your policy pre" . :0ns. PL-8671 9-96 - .""""" -- = ~ -'- -- . - "'"""" - "'"""" - -= - - - - ,""""" -- = .- ..;;;;;;;; - ~ Cf.>ntinuation Declarations TravelerSJ HOMEOWNERS POLICY \'amed Insured PAULETT UNDERKOFLER 792 BRENTWATER ROAD CAMP HILL PA 17011 Your A.gency's \'ame and Address INSURANCE COUNSELORS INC 1 GEICO BLVD FREDERICKSBURG, VA 22412 Your Polic~' !\lumber: Your Account !\lumber: For Poliicy Senice Call: (800) 841-3005 For Claim Sen'ice Call: 1-800-CLAIM33 945721010 633 1 945721010 Polic~' Period FROM: 05-21-03 To: 05-21-04 12:01 A.M. STANDARD TIME AT THE RESIDENCE PREMISES Locatio,n of Residence Premises 792 BRI,NTIiATER RD CAMP HILL PA 17011 Section I . Pro pert). Coverages Limits of Lia bilit)' Premium ." .... A - DWELLING B - OTHER STRUCTURES C - PERSONAL PROPERTY D - LOSS OF USE $ 180,000 18,000 126,000 54,000 $ 363.00 INCL INCL INCL Section II - Liabilit). Coverages E - PERSONAL LIABILITY (BODILY INJURY AND PROPERTY DAMAGE) EACH OCCURRENCE F - MEDICAL PAYMENTS TO OTHERS- EACH PERSON $ 300,000 2,000 $ 18.00 INCL Policy Forms and Endorsements HO-3 (06-02) Homeowners 3 Special Form HA-300 PA (09-02) Special Provisions 58064 PA (06-02) Value Added Package HA-61-B (06-95) Valuable Items Plus (Coverage G) Jewelry HO-827 PA (09-02) Limited Fungi, Other Microbes or Rot Remediation $ 58.00 140.00 $17,500 $5,000 Total Premium $ 579.00 Your Premium Reflects the Following Credits or State Surcharges Security Credit -19.00 Continued on next page Insured Copy Page 1 of 2 Polic)' Deductible: $ 250.00 All perils insured against In case of loss under section I, only that part of the, loss over the stated deductible is covered. First Mortgagee GMAC MORTGAGE ISAOA PO BOX 10430 VAN NUYS LOAN NUMBER: Second :\1ol'tgagee GMAC POBOX 9651 HORSHAM PA 19044 CA 91410 306049071 LOAN NUMBER: 4428425200139306 Your Insurer: Farmington Casualty Company One of The Travelers Property Casualty Companies One Tower Square, Hartford, CT 06183 . ...- For Your Information In accordance with Pennsylvania statute, a 1. 00 percentage Property /Casua1 ty Guaranty Association (PIGA) assessment applies to this policy and it is included in your bill. Please contact your Travelers representative if you have any questions. Coverage for your home has'been increased by 6.5% to ,"ore adequately reflect the cost to rebuild your home. This adjustment was based ,)n information provided by Marshall & Swift/Boeckh, an independent firm specialidng in construction and consumer costs. If you need to adjust your limits further, or for any other policy changes, please contact your insurance representative. This is not a bill. The mortgagee will be billed sepllrate1y for this policy. Thank you for insuring with Travelers. We appreciate :~our business. If you have any questions about your insurance, please conta,ot your agent or representative. These declarations, your Policy Booklet HO-3 (06-02) endorsements form your Homeowners Insurance Policy. your policy for future reference. ,and any attached Please keep them with Page 2 of 2 . -= - -- .,=-- = - - .=- = "'"""" - ....... - - - -= =: ,- ==== ==== = - c- . YOUR HOMEOWNERS POLICY QUICK REFERENCE DECLARATIONS PAGE Your Name Location of Your Residence Policy Period Coverages Amounts of Insurance Deductible Amounts SECTION I PROPERTY COVERAGES SECTION II LIABILITY COVERAGES SECTION I and SECTION II CONDITIONS HO-3 (06-02) AGREEMENT DEFINITIONS .. COVERAGES Co\'erage A - Dwelling .. .. Co\'erage B - Other Structures. Co\'erage C - Personal Propert\'.... Co\'erage D - Loss of Us~... .' ....,.... Additional Co\'crages ..... PERILS INSURED AGAINST.... EXCLUSIONS LOSS DEDUCTIBLE CONDITIONS ... Your Duties After Loss.. Loss Senlement . ... Policy Period ... . ... H~ginning On Page I I , , , , 3 4 7 10 11 II II I~ 14 COVERAGES... p' Co\'erage E - Personal Liability.. Co\'erage F - Medical Payments to Others.... EXCLUSIONS... ADDITIONAL COVERAGES. ... CONDITIONS .. Limit of Liability Duties After Occurrence .... Policy Period 15 15 15 15 18 19 19 19 20 CONDITIONS ... Cancellation .. Nonrenewal .. 20 20 21 HO-3 (06-02\ HOMEOWNERS 3 - SPECIAL FORM PENNSYLVANIA AGREEMENT We will provide the insurance described in this policy in return for the pr,emlum and compliance with all applica- ble provisions of this policy. DEFINITIONS - .- In this policy. "you" and "you~' refer to the "named insured" shown in the Declarations and the spouse, if a resident of the same household, and "we". "us" and "ou~' refer to the Company providing this insurance. In addition. certain words and phrases are defined as follows: 1. "Actual cash value" means the amount it would cost to repair or replace covered property. at the time of loss or damage, with material of like kind and quality. subject to a deduction for deteriora- tion, depreciation and obsolescence. "Actual cash value" applies to valuation of covered property regardless of whether that property has sustained partial or total loss or damage. The "actual cash value" of the lost or damaged property may be significantly less than its re- placement cost. 2. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. 3. "Business" includes a trade. profession or occu- pation engaged in on a full.time. part-time or oc- casional basis. 4. "Insured" means you and the following residents of your household: a. Your relatives; b. Any other person under the age of 21 who is in the care of any person named above. Under Section II. "insured" also means: c. With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or wa- tercraft which are owned by you or any per- son included in 4.a. or 4.b. above. A person or organization using or having custody of these animals or watercraft in the course of any "business", or without permission of the owner is not an "insured"; d. With respect to any vehicle to which this pol- icy applies: = ~- = c=: ;;ee;;: '- 0- 0= - "'"""" - - - - -=: = - 0- = - - . HO-3 (06-02) (1) Persons while engaged in your employ or that of any person included in 4.a. or 4..b. above; or (2) Other persons using the vehicle on an "insured location" with your consent. 5. "Insured location" means: a. The "residence premises"; b. The part of any other premises. other struc- -tul'es, and grounds. used by you as a resi- denCl9 and which is shown in the Declarations or which is acquired by you during the policy period for your use as a residence: c. Any premises used by you in connection with the premises inciuded in 5.a. or 5.b.; d. Any part of a premises not owned by any "in- sured" but where any "insured" is temporarily residing; e. Vaclmt land owned by or rented to any "in- sured" other than farm land; f. Land owned by or rented to any "insured" on which a one or two family dwelling is being constructed as a residence for any "insured"; g. Individual or family cemetery plots or burial vaults of any "insured"; h. Any part of a premises occasionally rented to any "insured" for other than "business" pur- pOSI9S. 6. "Occurr,ence" means an accident, including con- tinuous or repeated exposure to substantially the same generally harmful conditions which results, during the policy period, in; a. "Bodily injury"; or b. "Pnlperty damage". 7. "Property damage" means physical injury to, de- struction of, or loss of use of tangible property. 8. "Residence employee" means an employee of any "insured" who performs duties in connection with the maintenance or use of the "residence premis,es", including household or domestic serv- ices, or who performs duties elsewhere of a simi- Page 1 of 21 lar nature not In connection with the -business" of any "Insured'. 9. "Residence premises" means the one or two fam- ily dwelling. other structures. and grounds or that HO-3 (06-021 part of any other bUIlding where you resloe anc which IS srlown as the "resloence premises' In tne Declarations. SECTION I - PROPERTY COVERAGES COVERAGE A - DWELLING We cover: a. The dwelling on the "residence premises" shown in the Declarations. including structures attached to the dwelling: and b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises". We do not cover land. including land on which the dwelling is located COVERAGE B - OTHER STRUCTURES We cover other structures on the "residence prem- ises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line. or similar connection. We do not cover: a. Land. including land on which the other structures are located. b. Other structures rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage; c. Other structures from which any "business" is conducted; or d. Other structures used to store "business" prop- erty. However, we do cover a structure that con- tains "business" property solely owned by an "insured" or a tenant of the dwelling provided that "business" property does not include gaseous or liquid fuel, other than fuel in a permanently in- stalled fuel tank of a vehicle or craft parked or stored in the structure. The limit of liability for this coverage will not be more than 1 0% of the limit of liability that applies to Cover- age A. Use of this coverage does not reduce the Coverage A limit of liability. COVERAGEC-PERSONALPROPERTY Covered Property We cover personal property owned or used by an "in- sured" while it is anywhere in the world. After a loss and at your request, we will cover personal property owned by: HO-3 (06-02) a. Others while the property is on the part ot the "resldence premises" occupied by an "Insured": or b. A guest or a "residence employee". while the property is in any residence occupied by an "In- sured". Limit For PrOI)erty At Other Residences Our limit of liability for personal property usually lo- cated at an "insured's" residence. other than the "resi- dence premisl~s". is 1 0% of the limit of liability for Coverage C. or 51.000. whichever is greater. How- ever. this limitation does not apply to personal prop- erty; a. MO\fed from the "residence premises" because it is being repaired, renovated or rebuilt and is not fit to live in or store property in; or b. In a newly acquired principal residence for 30 days from the time you begin to move the prop- erty there. Special Limit,. Of Liability The special limit for each category shown below is the total limit for each loss for all property in that cate- gory. These special limits do not increase the Cover- age C limit of Iliability. 1. 5200 on money, bank notes. bullion. gold other than goldware. silver other than silverware, plati- num, coin,., and medals. 2. $1.000 on securities, accounts, deeds, evidence of debt, letters of credit, notes other than bank notes, manuscripts. personal records, passports, tickets and stamps. This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. This limit IIncludes the cost to research. replace or restore the information from the lost or damaged material. 3. $1,000 on watercraft of all types, including their trailers, furnishings, equipment and outboard en- gines or motors. 4. $1,000 on trailers or semitrailers not used with watercraft of all types. 5. $1,000 fOI; loss by theft of jewelry, watches, furs, precious and semiprecious stones. Page 2 of 21 - .- "'_ 1 . o=: o o=: o=: o "'"""" - "'"""" - - - - .= ........ < ........ . -= - = : 6. 52.000 for loss by theft of firearms and related equipment. 7. 52.500 for loss by theft of silverware. silver-plated ware. goldware. gold-plated ware. and pewter- ware. This IOcludes flatware. hollowware. tea sets. trays and trophies made of or inciudin9 silver. gold or pewier. 8. 55.000 on property. on the "residence premises". used at any time or in any manner for any "busI- ness" purpose. 9. 51.000 on property. away from the "residence premises". used at any time or in any manner for any "buslOess" purpose. However. this limit does not apply to loss to electronic apparatus and other property described in Categories 1 O. and 11. be- low. 10. 51.000 on electronic apparatus and accessories. while in or upon a motor vehicle or other motor- ized land conveyance. if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while still capable of being operated by other -' power sources. Accessories include antennas. tapes. wires, rec- ords. discs or other media that can be used with any apparatus described in this Category 10. 11. 51.000 on electronic apparatus and accessories used primarily for "business" while away from the "residence premises" and not in or upon a motor vehicle or other motorized land conveyance. The apparatus must be equipped to be operated by power from the electrical system of the vehicle or conveyance while still capable of being operated by other power sources. Accessories include antennas, tapes. wires. rec- ords, discs or other media that can be used with any apparatus described in this Category 11. Property Not Covered We do not cover: Articles separately described and specifically in- sured. regardless of the limit for which they are insured, in this or other insurance; 2. Animals, birds or fish; 3. Motor vehicles or all other motorized land con- veyances. a. This includes: (1) Their accessories, equipment and parts; or (2) Electronic apparatus and accessories designed to be operated solely by power from the electrical system of motor vehi- cles or all other motorized land convey- HO-3 (06-02) HO-3 (06-021 ances Accessones Incluae anten:i3S tapes. wires. records discs or otne: me- dia that can be used with any apparatus descnbed above The exclusion of property descnbed 10 a.(1) and (:Z) above applies onlY while such prop- erty is 10 or upon the vehicle or conveyance b. We do cover vehicles or conveyances not re- quirecl to be registered for use on public roads or property which are: (1) Used solely to service an "lOsured's" residence: or (2) Designed to assist the handicapped: 4. Aircraft meaning any contrivance used or de- signed for flight including any parts whether or not attached to the aircraft. We do cover model or hobby aircraft not used or designed to carry people or cargo; 5. Property of roomers. boarders and other tenants. excel!ll property of roomers and boarders related to an "insured"; 6. Property in an apartment regularly rented or held . for rental to others by an "insured"; 7. Property rented or heid for rental to others off the "residenc:e premises"; 8. "Business" data. including such data stored in: a. Bool(s of account. drawings or other paper re- cords; or b. Computers and related equipment. We do c:over the cost of blank recording or stor- age media, and of prerecorded computer pro- grams available on the retail market; or 9. Credit cards or fund transfer cards used solely for deposit, withdrawal or transfer of funds except as provided in Additional Coverage 6. Credit Card, Fund Transfer Card. Forgery and Counterfeit Money. COVERAGI: D - LOSS OF USE The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use be- low. 1. Additional Living Expense If a loss covered under Section I makes that part of the "residence premises" where you reside not fit to live in, we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. Page 3 of 21 Payment will be for the shortest time reqUired 10 repair or replace the damage or. If you perma- nently relocate. the shortest time required tor your household to settle elsewhere 2. Fair Rental Value If a loss covered under Section I makes that part of the "residence premises" rented to others or held for rental by you not fit to live in. we cover the fair rental value of such premises less any expenses that do not continue while It IS not fit to live in Payment will be for the shortest time required to repair or replace such premises. 3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the "residence premises" as a result of direct damage to neighbonng premises by a Peril Insured Against. we cover the loss as provided in 1. Addi- tional Living Expense and 2. Fair Rental Value above for no more than two weeks. 4. Loss Or Expense Not Covered We do not cover loss or expense due to cancella- tion of a lease or agreement. The periods of time under 1. Additional Living Ex- pense. 2. Fair Rental Value and 3. Civil Authority Prohibits Use above are not limited by expiration of this policy ADDITIONAL COVERAGES 1. Debris Removal a. We will pay your reasonable expense for the removal of debris of covered property if a Peril Insured Against that applies to the dam- aged property causes the loss. This expense is included in the limit of liability that applies to the damaged property. If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the dam- aged property. an additional 5% of that limit of liability is available for such expense. b. We will also pay your reasonable expense. up to $1.000. for the removal of one or more trees fallen on the "residence premises" as a result of a Peril Insured Against. provided: (1) The tree(s) damage(s) a covered struc- ture; (2) Do(es) not damage a covered structure, but: (a) Block(s) a driveway on the "resi- dence premises" which prevent(s) a motor vehicle, that is registered for HO-3 (06-02) HO-3 (06-02! use on publiC roaas 0' O~J~e"\ from entering or leavln;; tne 'res.- dence premises" or (ll) Block\s) a ramp or other fixture oe- signed to assist a handlcappec pe'- son 10 enter or leave tne dwellrng bUlldrng. or (3) Wmdstorm or Had or Weight of Ice. Snow or Sleet causes damage to a structure covered under this policy and the Pennsylvania Governor declares the area in which the "resldence premises" IS located to be a disaster area as a result of such weather conditions. The $1.000 limit is the most we will pay 10 any one loss regardless of the number of fallen trees. No more than $500 of this limit will be paid for the removal of anyone tree. This coverage is addltionalmsurance. 2. Reasonable Repairs .- ~. a. We will pay the reasonable cost incurred by you for the necessary measures taken solely to protect covered property that is damaged by a Peril Insured Against from further dam- age. b. If the measures taken mvolve repair to other damaged property, we will only pay if that propi,rty is covered under this policy and the damage is caused by a Peril Insured Against, This coverage does not: (1) Increase the limit of liability that applies to the covered property: or (2) Relieve you of your duties, in case of a loss to covered property, described in paragraph d. under Section I - Condition 2. Duties After Loss. 3. Trees, Shrubs And Other Plants We cov,er trees. shrubs, plants or lawns, on the "residence premises", for loss caused by the fol- lowing Perils Insured Against: a. Fire or Lightning; b. Explosion; c. Riot or Civil Commotion; d. Aircraft; e. Vehicles not owned or operated by a resident of the "residence premises"; f. Vandalism or Malicious Mischief; or g. Theft. We will pay up to 5% of the limit of liability that applies to the dwelling for all trees, shrubs, plants Page 4 of 21 - .- - ~= -- - .- -- 0_ ...... "'"""" "'"""" ...... - - -= - - ~= = -- = -- = - ~ .- or lawns. No more than 5500 of this limit will be paid for anyone tree. shrub or plant. We do not cover property grown for "buslness" purposes. This coverage IS additional Insurance. 4. Fire Department Service Charge We will pay up to 5500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire de- partment service charges if the property is located within the limits of the city. municipality or protec- tion district furnishing the fire department re- sponse. This coverage is additional insurance. No de- ductible applies to this coverage. 5. Property Removed We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed. This coverage does not change the limit of liabil- ity that applies to the property being removed. 6. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money a. We will pay up to $1.000 for: (1) The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued to or regis- tered in an "insured's" name; (2) Loss resulting from theft or unauthorized use of an fund transfer card used for de- posit. withdrawal or transfer of funds. is- sued to or registered in an "insured's" name; (3) Loss to an "insured" caused by forgery or alteration of any check or negotiable in- strument; and (4) Loss to an "insured" through acceptance in good faith of counterfeit United States or Canadian paper currency. All loss resulting from a series of acts com- mitted by anyone person or in which anyone person is concerned or implicated is consid- ered to be one loss. This coverage is additional insurance. No de- ductible applies to this coverage. b. We do not cover: (1) Use of a credit card or fund transfer card: (a) By a resident of your household: HO-3 (06-02) HO-3 (06-021 lb) By a person wno nas :Je~" e', trusted wltn either type 0\ ~a,~ O' Ic) If an "insured" has not :ompl,ed with all terms and conditions unoer which the cards are Issuea 0, (2) I_oss anslng out of "buslness" use or dls- 110nesty of an "insured" c. If thE! coverage in a. applies. the follOWing defense proviSions also apply (1) We may Investigate and settle any claim IJr suit that we decide IS appropriate. Our Ijuty to defend a claim or suit ends when Ilhe amount we pay for the loss equals our limit of liability. (2) If a suit is brought against an "Insured" for liability under a.(1) or (2) above. we will provide a defense at our expense by counsel of our choice. (3) We have the option to defend at our ex- pense an "insured" or an "insured's" bank against any suit for the enforcement of payment under a.(3) above. 7. Loss Assessment a. We will pay up to $1.000 for your share of loss assessment charged during the policy pericld against you. as owner or tenant of the "resi,jence premises", by a corporation or as- sociation of property owners. The assessment must be made as a result of direct loss to property, owned by all members collectively. of the type that would be covered by this pol- icy if owned by you. caused by a Peril Insured Against under Coverage A. other than: (1) Earthquake; or (2) Land shock waves or tremors before, during or after a volcanic eruption. The limit of $1.000 is the most we will pay with respect to anyone loss, regardless of the number of assessments. We will only apply one deductible. per unit, to the total amount of a,ny one loss to the property described above. regardless of the number of assess- ments. b. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. c. Section I - Condition 16. Policy Period does not apply to this coverage. This coverage is additional insurance. 8. Collapse a. With respect to this Additional Coverage: Page 5 of 21 (1) Collapse means an abrupt falling down or cavlOg In of a buiidlOg or any part of a building with the result that the buildlOg or part of the bUIlding cannot be occu- pied for its current intended purpose. (2) A bu;lding or any part of a building that IS 10 da,ger of falling down or caving in is not considered to be in a state of col- lapse (3) A part of a building that is standing is not considerel'j to' be In a state of collapse ~ven if it t,as separated from another pal< c;i the bl;lilding. (4) A buildi~ an:: part of a building that is standing is not considered to be in a state of collapse even if it shows evi- dence of cracking. bulging, sagging. bending. leaning. settling, shrinkage or expansion. b. We insure for direct physical loss to covered property involving collapse of a building or any part of a building if the collapse was caused by one or more of the following; (1) The Perils Insured Against; (2) Decay that is hidden from view. unless the presence of such decay is known to an "insured" prior to collapse or there are visible signs of water damage and the "insured" has not taken prompt action to prevent further damage: (3) Insect or vermin damage that is hidden from view. unless the presence of such damage is known to an "insured" prior to collapse: (4) Weight of contents, equipment, animals or people: (5) Weight of rain which collects on a roof; or (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renova- tion. c. Loss to an awning, fence, patio, deck, pave- ment, swimming pool, underground pipe. flue, drain. cesspool, septic tank, foundation, re- taining wall. bulkhead. pier, wharf or dock is not included under b.(2) through (6) above, unless the loss is a direct result of the col- lapse of a building or any part of a building. d. This coverage does not increase the limit of liability that applies to the damaged covered property. HO-3 (06-02) HO-3 (06-02\ 9. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazl11g matenal which IS part of a covered buildlOg. storm coor or storm WlndO\\ and (2) The direct phYSical loss to covered prop- erty caused solely by the pieces. frag- ments or splinters of broken glass or safety glazing matenal which IS part of a c,uilding. storm door or storm Window. b. This c:overage does not Include loss (1) To covered property which results be- Gause the glass or safety glaZing mate- rial has been broken. except as provided in a.(2) above: or (2) On the "residence premises" if the dwelling has been vacant for more than :30 consecutive days immediately before Ilhe loss. A dwelling being constructed IS .' . not considered vacant, c. This coverage does not increase the limit of liabililty that applies to the damaged property. 10. Ordinance or Law a. You may use up to 10% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remodel- ing, renovation or repair of that part of a covered building or other structure dam- aged by a Peril Insured Against; (2) The demolition and reconstruction of the undamaged part of a covered building or other structure, when that building or other structure must be totally demol- ished because of damage by a Peril In- sured Against to another part of that covered building or other structure; or (3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure nec- essary to complete the remodeling, re- pair or replacement of that part of the covered building or other structure dam- aged by a Peril Insured Against, b. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction, demolition, remodeling, renova- tion. repair or replacement of property as stated in a. above. c. We do not cover; Page 6 of 21 - .- - ~ """'" 0- E!5: .,= =:: - = "- = = - E -= - = - - - -= =: ~"""'" E!5: !I1!E5 ~ -= - = ~ (1) The loss In value to any covered building or other structure due to the require- ments of any ordinance or law: or (2) The costs to comply with any ordinance or law which requires any "insured" or others to test for. monitor. clean up. re- move. contain. treat. detoxify or neutral- ize. or in any way respond to. or assess tne effects of. pollutants in or on any cOvered building or other structure. Pol;'Jtants means any solid. liquid. gase- ou,; ~'r thermal irritant or contaminant. ",'ocluding smoke. vapor. soot. fumes. al a"kalis. chemicals and waste. WaSl\ inc ludes materials to be recycled. reconditioned or reclaimed. This coverage is additional insurance. 11. Refrigerated Products Coverage We insure. up to S500. covered property stored in freezers or refrigerators on the "residence prem- ises" for direct loss caused by: a. Loss of power to the refrigeration unit. Loss of power means the complete or partial interrup- tion of electric power due to conditions be- yond an "insured's" control. Loss of power must be caused by damage to: (1) Generating equipment: or (2) Transmitting equipment or HO-3 (06-02! b. Mechanical failure of the Unit willer StOf:25 tnt' property. Coverage will apply only if you have malntalnec the refngeratlOn Unit In proper working condition immedlalely pnor to the loss. ThiS coverage does not Increase the limit of it- ability for Coverage C. We will pay only that part of the total of all loss payable ttlat exceeds S 100. No other deductible applies to this coverage. The Power Failure exclusion does not apply to thiS coverage. 12. Inflation C:overage We may adjust the limits of liability for Coverages A. B, C and D at the beginning of each succes- sive policy term to reflect increases in the cost of insured pl'Operty. The amount of such increase will be based on the data provided by the ap- praisal company shown in the Declarations. Pay- meDt .of tile required premium when due for the successivle policy term will be sufficient to indi- cate your acceptance of the adjusted limits. We will also adjust the limits of liability at the time . of a loss by the same percentage pro rated from the effective date of the policy period or the ef- fective dclte of change if you have requested a change to the limit of liability for Coverage A during the policy period. SECTION I - PERILS INSURED AGAINST COVERAGE A - DWELLING AND COVERAGE B - OTHER STRUCTURES 1. We insure against risk of direct physical loss to property described in Coverages A and B. 2. We do not insure, however, for loss: a. Excluded under Section I - Exclusions; b. Involving collapse, except as provided in Ad- ditional Coverage 8. Collapse under Section I - Property Coverages; or c. Caused by: (1) Freezing of a plumbing, heating, air con- ditioning or automatic fire protective sprinkler system or of a household appli- ance, or by discharge. leakage or over- flow from within the system or appliance caused by freezing. This exclusion ap- plies only while the dwelling is vacant, unoccupied or being constructed. unless you have used reasonable care to: HO-3 (06-02) (a) Maintain heat in the building; or (b) Shut off the water supply and drain all systems and appliances of water. However, if the building is protected by an automatic fire protective sprinkler system, you must use reasonable care to c:ontinue the water supply and maintain heat in the building for coverage to ap- ply. For purposes of this provision a plumb- ing system or household appliance does not include a sump, sump pump or re- lated equipment or a roof drain, gutter, downspout or similar fixtures or equip- ment; (2) Freezing. thawing, pressure or weight of water or ice, whether driven by wind or not, to a: (a) Fence, pavement. patio or swim- ming pool: Page 7 of 21 lb) Footing. foundation. bulkhead wall. or any other structure or device that supports all or part of c puildlng. or other structure: IC) Retaining wall or bulkhead tha~ Joes not support all or part of a bUilding or other structure: or (d) Pier. wharf or dock: (3) Theft in or to a dwelling under construc- tion. or of materials and supplies for use in the construction until the :welling is ,.~;.c.i~hed and occupied; (4)'" Jandat;ism and malicious mischief. and an~ ~Isuing loss caused by any inten- tional and wrongful act committed in the c~urse of the vandalism or malicious mischief. if the dwelling has been vacant for more than 30 consecutive days im- mediately before the loss. A dwelling being constructed is not considered va- cant: (5) Constant: 'epeated seepage or leak, age of waler or steam over a period of weeks, months or years, from a plumb- ing. heating, air conditioning or auto- matic fire protective sprinkler system. or from a household appliance; or (6) Any of the following: (a) Wear and tear, marring, dete :-ra- tion: (b) Mechanical breakdown. latent de- fect, inherent vice, or any quality in property that causes it to damage or destroy itself; (c) Smog, rust or other corrosion, fungi, mold, mildew, wet or dry rot; (d) Smoke from agricultural smudging or industrial operations; (e) Discharge, dispersal, seepage, mi- gration, release or escape of pollut- ants unless the discharge. dispersal, seepage. migration. release or es- cape is itself caused by a Peril In- sured Against named under Coverage C. Pollutants means any solid, liquid, gaseous or thermal irritant or con, taminant, including smoke. vapor, soot, fumes, acids, alkalis, chemi- cals and waste. Waste includes materials to be recycled, recondi- tioned or reclaimed; HO-3 (06-02) HO-3 106-021 (f) SettllO(: shnnklOg. bulglOg O' ex. panslon. IOcludlOg rc ::ant c:ac.- Ing. of bulkheads .:avements patios. footings. founc,,:;ons. wails floors. roofs or cell lOgs .~I Birds. vermlO rodents. or IOsects or lh) Animals owned or kept by an "10- sured". Exception To c.(6) Unle!'~ the loss is othe' ,;e excluded. we coveoss to property cc "red under Cover- age i.. or B resulting fror an accidental dls- cha!1;le or overflow of water or steam from within a plumbing. heating. air conditioning or automatic fire protective sprinkler system or hOUSE"Jld appliance on the "residence prem- ises". This includes the cost to tear out and replace any part of a building, or other struc- ture. on the "residence premises", but only when necessary to repair the system or appli- ..allce. However, such tear out and replace- ment coverage only applies to other structures if the water or steam causes actual damage to a building on the "residence premises" . We do not cover loss to the system or appli- ance, from which this water or steam escaped. For purposes of this provision. a plumbing system or household appliance does not in- cl"de a sump. sump pump or related equip- ment or a roof drain, gutter, down spout c- Similar fixtures or equipment. Section I - Exclusion 3. Water Darr,c:, Parllgraphs a. and c. that apply to surface watm and water below the surface of the ground do not apply to loss by water covered undl3r c.(5) and (6) above. Under :!.b. and c. above, any ensuing loss to property described in Coverages A and B not ex- cluded by any other provision in this policy is covered. COVERAGE C - PERSONAL PROPERTY We insure tor direct physical loss to the property de- scribed in Coverage C caused by any of the following perils, unless the loss is excluded in SECTION I - EXCLUSIONS. 1. Fire or lightning. 2. Windstorm or hail. This peril includes loss to watercraft of all types and th,eir trailers, furnishings, equipment, and outboarc engines or motors, only while inside a fully enclosed building. Page 8 of 21 - .- -= - - c- .- - "'"""" "'"""" - - - - -= = c- -- = -= - = : This penl does not mclude loss to property con- tained m a buildmg caused by ram. snow. sleet. sand or dust unless the direct force of wmd or hail damages the building. causmg an openmg in a roof or wall and the ram. snow. sleet. sand or dust enters through this openmg. 3. Explosion. 4. Riot or civil commotion. S Aircraft. -'-his peril includes self-propelled missiles and spacecraft. 6. Vehicles. 7. Smoke. This peril means sudden and accidental damage from smoke. This peril does not include loss caused by smoke from agricultural smudging or industrial opera- tions. 8. Vandalism or malicious mischief. 9. Theft. a. This peril includes attempted theft and loss of property from a known place when it is likely that the property has been stolen. b. This peril does not include loss caused by theft (1) Committed by an "insured"; (2) In or to a dwelling under construction. or of materials and supplies for use in the construction until the dwelling is finished and occupied; (3) From that part of a "residence premises" rented by an "insured" to someone other than another "insured": or (4) That occurs off the "residence premises" of: (al Trailers, semitrailers and campers; (b) Watercraft of all types, and their furnishings, equipment and out- board engines or motors: or (c) Property while at any other resi- dence owned by, rented to, or occu- pied by an "insured", except while an "insured" is temporarily living there. Property of an "insured" who is a student is covered while at the residence the student occupies to attend school as long as the student has been there at any time during the 45 days immediately before the loss. HO-3 (06-02) HO-3 (06-021 10. Falling OlbjectS. ThiS peril does not mclude loss to Ine mSIDe Co: 2 building or property contained 10 the bUlldmg un. less the roof or an outSide wall of the bUilding I, first dam<lged by a fallmg object Damage 10 tne fallmg object Itself IS not mcluded 11. Weight Of Ice, Snow Or Sleet. This peril means weight of Ice. snow or sleet which causes damage to property contamed In a building. 12. Accidental Discharge Or Overflow Of Water Or Steam, a. This peril means accidental discharge or overftow of water or steam from within a plumbing. heating, air conditioning or auto- matic fire protective sprinkler system or from within a household appliance. b. This peril does not include loss: (1) To the system or appliance from which .. . the water or steam escaped; (2) Caused by or resulting from freezing ex- <:ept as provided in Peril Insured Against 14. Freezmg; or (3) On the "residence premises" caused by accidental discharge or overflow which occurs off the "residence premises". c. In this peril, a plumbing system or househo[d appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. d. Sectllon I - Exclusion 3. Water Damage, Paragraphs a. and c. that apply to surface water and water below the surface of the ground do not apply to loss by water covered unde,r this peril. 13. Sudden And Accidental Tearing Apart, Crackinlg, Burning Or Bulging. This peril means sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot wate,r heating system, an air conditioning or automatllc fire protective sprinkler system, or an appliance for heating water. We do not cover loss caused by or resulting from freezing except as provided in Peril Insured Against 14. Freezing. 14. Freezinlg. a. This peril means freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household applliance. Page 9 of 21 This peril does not Include loss on the -resI- dence premises" while the dwelling IS unoc- cupied. unless you have used reasonable care to: (1) Maintain heat in the building: or (2) Shut off the water supply and drain all systems and appliances of water. However. if the building is protected by an automatic fire protective sprinkler system. you must use reasonable care to continue the water supply and maintain heat in the building for coverage to apply. HO-3 (06-021 b. In thi:s penl. a plumbing system or n:JU5e~OI: appliance does not Incluoe a sumc sum~ pump or related equipment or a roo! orale gutter. downspout or Similar fixtures or equipment 15. Sudden And Accidental Damage From Artifi- cially Generated Electrical Current. This peril does not include loss to tubes. transIs- tors. electronic components or circuitry that are a part of appliances. fixtures. computers. hOme entertainment units or other types of electronic apparatus. SECTION I . EXCLUSIONS A. We do not insure for loss caused directly or indi- rectly by any of the following. Such loss is ex- cluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 1. Ordinance or Law. Ordinance or Law means any ordinance or law: a. Requiring or regulating the construction.. demolition. remodeling, renovation or repair of property, including removal of any resulting debris. This exclusion 1.a. does not apply to the amount of cover- age that may be provided under Addi- tional Coverage 10. Ordinance or Law; b. The requirements of which result in a loss in value to property. c. Requiring any "insured" or others to test for, monitor, clean up, remove.. contain. treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants. Pollutants means any solid, liquid, gase- ous or thermal irritant or contaminant. including smoke, vapor, soot, fumes, acids. alkalis, chemicals and waste. Waste includes materials to be recycled. reconditioned or reclaimed. This exclusion 1. applies whether or not the property has been physically damaged. 2. Earth Movement. Earth movement means: HO-3 (06-02) a. Earthquake.. including volcanic eruption and land shock waves or tremors before. during or after a volcanic eruption; "b1 Landslide; mudslide. or mudflow; c. Subsidence or sinkhole; or d. Any other earth movement including earth sinking. rising or shifting: unless direct loss by fire. explosion, or break- age of glass or safety glazing material which is part of a building.. storm door or storm win- dow ensues and then we will pay only for the ensuing loss. This Exclusion 2. does not apply to loss by theft. 3. Water Damage. Water Damage means: a. Flood. surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind; b. Water or water-borne material which backs up through sewers or drains or which overflows or is discharged from a sump, sump pump or related equipment: or c. Water or water-borne material below the surface of the ground, including water which exerts pressure on or seeps or leaks through a building.. sidewalk, driveway, foundation, swimming pool or other structure; caused by or resulting from human or animal fon:es or any act of nature. Direct loss by fire, explosion or theft resulting from water damage is covered. Page 10 of 21 - .- = = - - -- c- ... 1. "'"""" "'"""" - - - - - -""'= = c- c- - - 4. Power Failure. Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises" But. if the failure results 10 a loss from a Penl Insured AgalOst on the "residence premises". we will pay for the loss caused by that peril. 5. Neglect. Neglect means neglect of an "insured" to use all reasonable means to save and preserve property at and after the time of a loss. 6. War. War includes the following and any conse- quence of any of the following: a. Undeclared war. civil war. insurrection. rebellion or revolution: b. Warlike act by a military force or military personnel: or c. Destruction, seizure or use for a military purpose. Discharge of a nuclear weapon will be deemed a warlike act even if accidental. 7. Nuclear Hazard. This Exclusion 7. pertains to Nuclear Hazard to the extent set forth in the Nuclear Hazard Clause of SECTION I - CONDITIONS. 8. Intentional Loss. Intentional Loss means any loss arising out of any act an "insured" commits or conspires to commit with the intent to cause a loss. HO-3 (06-02! In the event of sucn lOSS no 'msure:' IS e','. tied to coverage even "lOsureds wnc' 01: :1:: comrfllt or conspire to commit the act :ausll1g the loss. B. We do not IOsure for loss to property descfloec II' Coverages A and B caused by any of the follOw, mg. However. any ensulOg loss to property ae. scribed 10 Coverages A and B not excluded by any other provIsion In thiS policy IS covered. 1. Weatller conditions However. thiS exclusion only ,lpplies if weather conditIOns contribute in any way with a cause or event excluded 10 A. above to produce the loss. 2. Acts or decisions. includlOg the failure to act or de,cide. of any person. group. organization or governmental body. 3. Faulty. inadequate or defective: a. Planning, zoning. development. survey- ing. siting; b. Design. specifications. workmanship. re- pair. construction. renovation, remodel- ing. grading. compaction; c. Materials used in repair. construction. renovation or remodeling: or d. Maintenance: of part or all of any property whether on or off the "residence premises". LOSS DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable under Section I - Property Coverages that exceeds the deductible amount shown in the Declarations. SECTION I - CONDITIONS Insurable Interest and Limit of Liability. Even if more than one person has an insurable interest in the property covered, we will not be li- able in anyone loss: a. To an "insured" for more than the amount of such "insured's" interest at the time of loss; or b. For more than the applicable limit of liability. ~ HO-3 (06-02) 2. Duties t.fter Loss. In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either. a. Give prompt notice to us or our agent; Page 11 of 21 b. Notify the police In case of loss by theft c. Notify the credit care 'Jnd transfer card company In case of 's provide: for In Additional Coverage credit Ca- =und Transfer Card. F - And Co. :rerfeit Money: d. Protect the propeni [rom further damage. If repairs to the property are required. you must: (1) Make r~?sonable and necessary repairs to pre- the property; and (2) Keep ,,,', accurate record of repair ex- penses; e. Cooperate with us in the investigation of a claim; f. Prepare an inventory of damaged personal property showing the quantity. descnptlon. -actual cash value" and amount of loss. At- tach all bills. receipts and related documents that justify the figures in the inventory; g. As often as we reasonably require: (1) Show the damaged property; (2) Provide us with records and documents we request and permit us to make cop- ies; and (3) Submit to examination under oath. while not in the presence of another "insured". and sign the same; h. Send to us. within 60 days after our request, your signed. sworn proof of loss which sets forth, to the best of your knowledge and be- lief: (1) The time and cause of loss; (2) The interest of all "insureds" and all oth- ers in the property involved and all liens on the property; (3) Other insurance which may cover the loss; (4) Changes in title or oc~upancy of the property during the term of the policy; (5) Specifications of damaged buildings and detailed repair estimates: (6) The inventory of damaged personal property described in 2.1. above; (7) Receipts for additional living expenses incurred and records that support t"''' fair rental value loss; and (8) Evidence or affidavit that supports a claim under Additional Coverage 6. Credit Card, Fund Transfer Card, For- gery And Counterfeit Money, stating the amount and cause of loss. HO-3 (06-02) HO-3 (06-021 3. Loss Settlement. In thiS Condition 3., the terms "COS! to reoa,' 01 replace" and "replacement cost" do not Incluoe the Increased cost, mcurred tr comply wltn tne enforcement of anI ordinance :Jr law. except 10 the extent that coverage for th~. ~ Increased costs is orovided In Addil10nal Coverage 10. Ordinance Or Law. Covered property losses are settled as follows: a. Property of the follOWing types (1) Personal property: (2) Awnings. carpel1ng. household appll- ,ances. outdoor antennas and outdoor equipment. whether or not attached to buildings; and (3) Structures that are r -)uildings; at "a.ctual cash value- at me time of loss but not rnore than the amount required to repair or replace. b. -Btllldings covered unde :;overage A or B at replacement cost without deduction for de- preciation subject to the following: (1) If, at the time of loss. the amOc:ll of in- surance in this policy on the damaged building is 80% more of the full re- placement cost 0: 'le building immedi- ately before the los.. we will pay the cost to repair or replace, after application of any deductible and without deduction for depreciation, but not more than the least of the following amounts: (a) The limit of liability under this policy that applies to the building; (b) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (e) The necessary amount actually spent to repair or replace the dam- aged building. If the building is rebuilt at a new prem- ises, the cost described in (b) above is limited to the cost which would have been incurred if the building had been built at the original premises. (2) If, at the time of loss, the amount of in- surance in this policy on the damaged build in, IS less than 80% of the full re- placerr ",t cost of the building immedi- ately Defore the loss. we will pay the greater of the following amounts, but not more than the limit of liability under this policy that applies to the building: Page 12 of 21 - .- = -"- --== - ~ -- E= - == == '":= "'"""" - - - - ~- - == -- - - ~- - - .- la) The "actual cash value" of that part of the building damaged: or (b) That proportion of the cost to repair or replace. after application of any deductible and without deduction for deprecia\1on. that part of the build- Ing damaged. which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building. (3) To determine the amount of insurance required to equal 80% of the full re- placement cost of the building immedi- ately before the loss. do not include the value of: (a) Excavations. footings.. foundations. piers. or any other structures or de- vices that support all or part of the building. which are below the under- surface of the lowest basement floor; (b) Those supports described in (a) above which are below the surface of the ground inside the foundation walls. if there is no basement: and (c) Underground flues, pipes. wiring and drains. (4) We will pay no more than the 'actual cash value" of the damage until actual repair or replacement is complete. Once actual repair or replacement is complete, we will settle the loss as noted in b.(1) and b.(2) above. However, if the cost to repair or replace the damage is less than $2.500, we will settle the loss as noted in b.(1) and b.(2) above whether or not actual repair or re- placement is complete. (5) You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to build- ings on an 'actual cash value" basis. You may then make claim for any additional liability according to the provisions of this Condition 3. Loss Settlement, provided you notify us of your intent to do so within 180 days after the date of loss. 4. Loss to a Pair or Set. In case of loss to a pair or set we may elect to: a. Repair or replace any part to restore the pair or set to its value before the loss; or HO-3 (06-02) HO-3 (06-02\ b. Pay the difference between . a:tua, :3sr value' of the property before ana ane: Ine loss. 5. Appraisal. If you ancj we fail to agree on the amount of lOSS either may demand an appraisal of the loss In this event. each party will choose a competent impartial appraiser WIthin 20 days after receiving a written request from the other. The two apprais- ers will choose an umpire. If they cannot agree upon an umpire within 15 days. you or we may request that the choice be made by a Judge of a court of record in the state where the "reSidence premises" is located. The appraisers will sepa- rately set the amount of loss. If the appraisers submit a written report of an agreement to us. the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differ- ences to the umpire. A decision agreed to by any two will set the amount of loss. Each party will:' ." ." a. Pay its own appraiser; and b. Bear the other expenses of the appraisal and umpire equally. 6. Other Insurance and Service Agreement. If a loss covered by this policy is also covered by: a. Other insurance, we will pay only the propor- tion IJf the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss; or b. A service agreement, the coverage provided under this policy is excess over any amounts payable under any such agreement. Service agre'!ment means a service plan, property restoration plan, home warranty or other similar service warranty agreement, even if it is characterized as insurance. 7. Suit Agalinst Us. No action can be brought against us unless there has been full compliance with all of the terms un- der Section I of this policy and the action is started within one year after the date of loss. 8. Our Option. We may repair or replace any part of the dam- aged property with like property if we give you written notice of our intention to do so within 30 working ,days after we receive your signed, sworn proof of loss. 9. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy or is legially entitled to receive payment. Loss will Page 13 of 21 be payable 60 days after we receive your proof of loss and: a. Reach an agreement with you: b. There IS an entry of a final Judgment: or c. There IS a filing of an appraisal award with us. 10. Abandonment of Property. We need not accept any property abandoned by an "insured". 11. Mortgage Clause. a. The word mortgagee includes a trustee If a mortgagee is named in this policy. any loss payable under Coverage A or B will be paid to the mortgagee and you. as mterests appear. If more than one mortgagee is named. the or- der of payment will be the same as the order of precedence of the mortgages. b. If we deny your claim. that denial will not ap- ply to a valid claim of the mortgagee. if the mortgagee: (1) Notifies us of any change in ownership, occupancy or substantial change in risk of which the mortgagee is aware; (2) Pays any premium due under this policy on demand if you have neglected to pay the premium; and (3) Submits a signed. sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Policy conditions relating to Appraisal, Suit Against Us and Loss Payment apply to the mortgagee. c. If we decide to cancel or not to renew this policy, the mortgagee will be notified at least 10 days before the date cancellation or non- renewal takes effect. d. If we pay the mortgagee for any loss and deny payment to you: (1) We are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or (2) At our option, we may pay to the mort- gagee the whole principal on the mort- gage plus any accrued interest: In this event, we will receive a full assignment and transfer of the mortgage and all se- curities held as collateral to the mort- gage debt: HO-3 (06-02) HO-3 (06-02\ e. Subroga\lon will not Impair lne "pn: C' :"f mortgagee to recover the full amou": O' me mortgagee's claim. 12. No Benefit to Bailee. We will not recogmze any assignment or gram any coverage that benefits a person or organlza. tion hold1l1g. stonng or moving property for a fee regardless of any other provIsion of thiS policy 13. Nuclear Hazard Clause. a. "Nucl,ear Hazard" means any nuclear reac- tion. radiation. or radioactive contamination. all wtlether controlled or uncontrolled or how- ever caused. or any consequence of any of these. b. Loss caused by the nuclear hazard will not be considered loss caused by fire. explosion. or smoke. whether these perils are specifically name,d in or otherwise included within the Perils Insured Against: c. JlJjs policy does not apply under Section I to loss caused directly or indirectly by nuclear hazard. except that direct loss by fire resulting from the nuclear hazard is covered. 14;'Recovened Property. If you or we recover any property for which we have made payment under this policy. you or we will notify the other of the recovery. At your op- tion. the property will be returned to or retained by you or it will become our property. If the recov- ered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property. 15. Policy Period This policy applies only to loss which occurs dur- ing the policy period. 16. Concealment or Fraud. We provide coverage to no "insureds" under this policy if, whether before or after a loss, an "in- sured" has: a. Intentionally concealed or misrepresented any maWrial fact or circumstance; b. Engaged in fraudulent conduct; or c. Made false statements; relating 1:0 this insurance. Page 14 of 21 HO-3 (06-02\ SECTION II - LIABILITY COVERAGES - .- - ,- - - - 0- -- = - -- - - - - ~= 0- = .- - - : COVERAGE E - PERSONAL LIABILITY If a claim is made or a suit IS brought against an "in- sured" for damages because of "bodily inJury" or "property damage" caused by an "occurrence" to which this coverage applies. we will: 1. Pay up to our limit of liability for the damages for which an "insured" is legally liable: and 2. Provide a defense at our expense by counsel of our choice. even if the suit is groundless. false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when our limit of li- ability for the "occurrence" is exhausted by the payment of judgments or settlements. COVERAGE F - MEDICAL PAYMENTS TO OTH- ERS We will pay the necessary medical expenses that are incurred or medically ascertained within three years from the date of an accident causing "bodily injury". Medical expenses means reasonable charges for medical. surgllcal. x-ray dental. ambulance hOsplta! profeSSional nursing and prosthetiC devices. but aoes not Include funeral services ThiS coverage does not apply to you or regular reSidents of your household except "residence employees". As to others. thiS cov- erage applies only: 1. To a person on the "insured location" with the permission of an "msured": or 2. To a person off the "insured location". If the "bod- ily injury": a. Arises out of a condition on the "insured loca- tion" or the ways immediately adjoining; b. Is caused by the activities of an "insured"; c. Is caused by a "residence employee" in the coume of the "residence employee's" em- ployment by an "insured"; or ." ~.. d. Is c!lused by an animal owned by or in the care of an "insured". SECTION 1\ - EXCLUSIONS 1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others do not apply to "bodily injury" or "property damage": a. Which is expected or intended by an "in- sured" even if the resulting "bodily injury" or "property damage": (1) Is of a different kind. quality or degree than initially expected or intended; or (2) Is sustained by a different person, entity, real or personal property, than initially expected or intended. However. this exclusion 1.a. does not apply to "bodily injury" resulting from the use of rea- sonable force by an "insured" to protect per- sons or property. b. Arising out of or in connection with a "busi- ness" conducted from an "insured location" or engaged in by an "insured". whether or not the "business" is owned or operated by an "insured" or employs an "insured". This exclu- sion applies but is not limited to an act or omission, regardless of its nature or circum- stances involving a service or duty rendered, promised. owed or implied to be provided be- cause of the nature of the "business"; This exclusion does not apply to: HO-3 (06-02) (1) Providing home day care services for which an "insured" does not receive any compensation. other than the mutual ex- change of such services; or (2) Providing home day care services to a relative of an "insured". c. Arising out of the rental or holding for rental of any premises by any "insured". This exclu- sion does not apply to the rental or holding for rental of an "insured location": (1) On an occasional basis if used only as a residence. (2) In part for use only as a residence, un- less a single family unit is intended for use by the occupying family to lodge more than two roomers or boarders; or (3) In part, as an office. school, studio or private garage; d. Arising out of the rendering or failing to ren- der professional services; e. Arising out of a premise: (1) Owned by any "insured"; (2) Rented to any "insured"; or (3) Rented to others by any "insured"; that is not an "insured location"; Page 15 of 21 f. Anslng out of (1) The ownership. maintenance. use. load- Ing or unloading of motor vehicles or all other motonzed land conveyances. in- cluding trailers. owned or operated by or rented or loaned to an "insured'. (2) The entrustment by any -insured" of a motor vehicle or any other motorized land conveyance to any person; (3) Vicarious liability. whether or not statuto- rily imposed. for the actions of a child or minor using a conveyance excluded in paragraph (1) or (2) above: or (4) The failure to supervise. or the negligent supervision. of any person. by an "in- sured". involving a conveyance excluded in paragraph (1) or (2) above. This exclusion does not apply to: (1) A trailer not towed by or carried on a motorized land conveyance. (2) A motorized land conveyance designed for recreational use off public roads, not subject to motor vehicle registration and: (a) Not owned by any "insured"; or (b) Owned by any "insured" and on an "insured" location. (3) A motorized golf cart when used to play golf on a golf course. (4) A vehicle or conveyance not subject to motor vehicle registration which is: (a) Used solely to service any "in- sured's" residence; (b) Designed for assisting the handi- capped; or (c) In dead storage on an "insured lo- cation". g. Arising out of: (1) The ownership, maintenance. use. load- ing or unloading of watercraft described below; (2) The entrustment by any "insured" of a watercraft described below to any per- son; (3) Vicarious liability. whether or not statuto- rily imposed. for the actions of a child or minor using an excluded watercraft de- scribed below; or (4) The failure to supervise, or the negligent supervision, of any person, by an "in- sured", involving an excluded watercraft described below. HO,,3 (06-02) HO-3 (06-02\ Excluded watercraft are thOse tr,3: 3'e pnnclpally aeslgned to De :::ooellec D\ ,engine power. jet power or electnc mo- tor. or are sailing vessels wnetner owned by or rented to any Insured Tn!s exclusion does not apply to watercraft (1) That are not sailing vessels and are powered by (a) Inboard or Inboard-outdnve engine or motor power of 50 horsepower or less not owned by any -Insured": (b) Inboard or inboard-outdnve engine or motor power of more than 50 horsepower not owned by or rented to any "lnsured"; (c) One or more outboard engines or motors with 25 total hOrse- power or less: (d) One or more outboard engines or motors with more than 25 total horsepower if the out- board engine or motor is not owned by any "insured"; (e) Outboard engines or motors of more than 25 total horsepower owned by any "insured" it; (i) You acquire them prior to the policy period; and (a) You declare them at policy inception; (b) Your intention to in- sure is reported to us in writing within 45 days after you ac- quire the outboard motors. (ii) You acquire them during the policy period. This coverage applies for the policy period (2) That are sailing vessels, with or without auxiliary power: (a) Less than 26 feet in overall length; (b) 26 feet or more in overall length not owned by or rented to any "insured". (3) That are stored; h. Ansing out of: - ..... Page 16 of 21 - : - - -- 0- - "'"""" ...... "'"""" - - - - -= .- == - ...... ~ (1) the ownership mamtenance. use. load- 109 or unloadlOg of any . aircraft. : (2) The entrustment by any "lOsured" of an . aircraft.. to any person: or (3) Vicarious liability. whether or not statuto- rily imposed. for the actions of a child or mmor uSlOg an -aircraft". (4) The failure to supervise. or the negligent supervision. of any person. by an "in- sured", involving an -aircraft". Aircraft means any contrivance used or de- signed for flight. except model or hobby air- craft not used or designed to carry people or cargo. Exclusions e., f., g. and h. do not apply to "bodily inJury" to any -residence employee" arising out of and in the course of the "residence employee's" employment by any "insured". i. Caused directly or indirectly by war. including the following and any consequence of any of the following: (1) Undeclared war. civil war, insurrection, rebellion or revolution; (2) Warlike act by military force or military personnel; or (3) Destructive seizure or use for a military pu rpose. Discharge of a nuclear weapon will be deemed a war-like act even if accidental: j. Which arises out of the transmission of a communicable disease by any "insured". k. Arising out of sexual molestation, corporal punishment or physical or mental abuse; or I. Arising out of the use. sale, manufacture, de- livery, transfer or possession by any person of any Controlled Substance(s) as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but not limited to cocaine, LSD, marijuana and all narcotic drugs. How- ever, this exclusion does not apply to the le- gitimate use of prescription drugs by a person following the orders of a licensed physician. 2. Coverage E - Personal Liability, does not apply to: a. Liability: (1) For any loss assessment charged against you as a member of an associa- tion, corporation or community of prop- erty owners except as provided in Additional Coverage 4. Loss Assess- ment; HO-3 (06-02) HO-3 (06-021 (2) Under any contract or agreement ""0\\- ever. thiS exclusion does not apOI\ te wntten contracts: (a) That directly relate to the owner- ship. malOtenance or use of an In- sured location' . or (b) Where the liability of others IS as- sumed by the "Insured' pnor to an "occurrence": unless excluded 10 (1) above or else- where in this policy b. "Property damage" to propeny owned by an "insured". This includes costs or expenses 10- curred by an "insured" or others to repair. re- place, enhance. restore or mamtalO such property to prevent injury to a person or dam- age to property of others. whether on or away from an "insured location"; c. "Property damage" to property rented to. oc- cupied or used by or in the care of any -in- .. SOred". This exclusion does not apply to "property damage" caused by fire, smoke or explosion; d. "Bodily injury" to any person eligible to re- ceive any benefits voluntarily provided or re- quired to be provided by an "insured" under any: (1) Workers' compensation law; (2) Non-occupational disability law; or (3) Occupational disease law; e. "Bodily injury" or "property damage" for which an "insured" under this policy: (1) Is also an insured under a nuclear en- ergy liability policy issued by the: (a) Nuclear Energy Liability Insurance Association; (b) Mutual Atomic Energy Liability Un- derwriters; Ic) Nuclear Insurance Association of Canada; or any of their successors; or (2) Would be an insured under that policy but for the exhaustion of its limit of liabil- ity; or f. "Bodily injury" to you or an "insured" within the meaning of Definition 4. "insured" para- graph a. or b. 3. Coverage F - Medical Payments to Others, does nClt apply to "bodily inJUry": Page 17 of 21 a. To a residence employee if the "bodily 10- JUry" (1) Occurs off the "insured location": and (2) Does not anse out of or 10 the course of the "residence employee's" employment by an -insured": b. To any person eligible to receive benefits voluntarily provided or required to be pro- vided under any: (1) Workers' compensation law; (2) Non-occupational disability law: or (3) Occupational disease law; or HO-3 (06-021 c. From any (1) Nuclear reaction: (2) Nuclear radiation or (3) Radioactive contamlOatlon. all whether controlled or uncontrolled or how- ever caused: or (4) Any consequence of any of these d. To any person. other than a "residence em- ployee" of an -insured". regularly residing on any part of the "insured location". SECTION II - ADDITIONAL COVER:AGES We cover the following in addition to the limits of li- ability: 1. Claim Expenses. We pay: a. Expenses we incur and costs taxed against -, an "insured" in any suit we defend; b. Premiums on bonds required in a suit we de- fend. but not for bond amounts more than the Coverage E limit of liability. We need not ap- ply for or furnish any bond; c. Reasonable expenses incurred by an "in- sured" at our request, includmg actual loss of earnings (but not loss of other income) up to 550 per day, for assisting us m the investiga" tion or defense of a claim or suit; d. Interest on the entire judgment which accrues after entry of the judgment and before we pay or tender, or deposit in court that part of the judgment which does not exceed the ;;"nit of liability that applies; and e. Prejudgment interest awarded against the "in- sured" on that part of the judgment we pay. Any prejudgment interest awarded against the "insured" is subject to the applicable Pennsyl- vania Rules of Civil Procedure. 2. First Aid Expenses. We will pay expenses for first aid to others incurred by an "insured" for "bodily injury" covered under this policy. We will not pay for first aid to an "insured". 3. Damage to Property of Others. We will pay, at replacement cost, up to $500 per "occurrence" for "property damage" to property of others caused by an "insured". We will not pay for "property damage": a. To the extent of any amount recoverable un. der Section I; HO-3 (06-02) b. Cau:sed intentionally by an "insured" who is 13 years of age or older: c. To property owned by an "insured"; d. '-1'0 property owned by or rented to a tenant of an "insured" or a resident in your household; or e. Arisllng out of: (1) A "business" engaged in by an "insured"; (2) Any act or omission in connection with a premises owned. rented or controlled by an "insured". other than the "insured 10- cation"; or (3) The ownership, maintenance, occu- pancy, operation, use, loading or un- loading of aircraft. watercraft or motor vehicles or all other motorized land con. veyances. This exclusion e.(3) does not apply to a motorized land conveyance that: (i) Is designed for recreational use off public roads; (ii) Is not owned by an "insured"; and (iii) At the time and place of an "occur- rence", is not required by law, or regulation issued by a government agency, to have been registered for it to be used at the place of the "oc- currence". 4. Loss Assessment. We will pay up to $1,000 for your share of loss assessment charged against you, as owner or tenant of the "residence prem- ises", during the policy period by a corporation or association of property owners. when the as- sessment is made as a result of: Page 18 of 21 - - , - ~...... = -- = o=: . "'"""" - "'"""" -= - - - ~= 0- === - -= - : a. "Bodily inJury" or "propeny damage" not ex- cluded under Secl10n II of this policy: or b. Liability for an act of a director. officer or trustee in the capacity as a director. officer or trustee. provided such person: (1) Is elected by the members of a corpora- tion or association of property owners; and (2) Serves without deriving any income from the exercise of duties which are solely on behalf of a corporation or association of property owners. Condition 9. Policy Period. under SECTION II CONDITIONS does not apply to this coverage. HO-3 (06-021 Regardless ot the number of assessmen,s f~e limit of $1.000 IS the most we will pal lOe lOSS anslng out of: a. One aCCident. including continuous or re- peated exposure to substantially the same general harmtul conditIOn or b. A covered act of a director. officer or trustee An act involVing more than one director offi- cer or trustee IS conSidered to be a single act We do not cover assessments charged against you or a corporation or associatIOn ot property owners by any governmental body. SECTION II - CONDITIONS 1. Limit of Liability. Our total liability under Cover- age E for all damages resulting from anyone "oc- currence" will not be more than the limit of liability for Coverage E as shown in the Declarations. This limit is the same regardless of the number of "insureds". claims made or persons injured. All "bodily injury" and "property damage" resull1ng from anyone accident or from continuous or re- peated exposure to substantially the same gen- eral harmful conditions shall be considered to be the result of one "occurrence". Our total liability under Coverage F for all medical expense payable for "bodily injury" to one person as the result of one accident will not be more than the limit of liability for Coverage F as shown in the Declarations. 2. Severability of Insurance. This insurance ap- plies separately to each "insured". This condition will not increase our limit of liability for anyone "occurrence" . 3. Duties After "Occurrence". In case of an "occurrence", you or another "in- sured" will perform the following duties that apply. We have no duty to provide coverage under this policy if your failure to comply with the following duties is prejudicial to us. You will help us by seeing that these duties are performed; a. Give written notice to us or our agent as soon as is practical, which sets forth: (1) The identity of the policy and the named "insured" shown in the Declarations; (2) Reasonably available information on the time, place and circumstances of the "occurrence"; and (3) Names and addresses of any claimants and witnesses; HO-3 (06-02) b. Cooperate with us in the investigation. set- t1em'lnt or defense of any claim or suit c. ,Promplly forward to us every notice. demand. summons or other process relating to the "oc- currence"; d. At our request. help us: (1) To make settlement (2) To enforce any right of contribution or indemnity against any person or organi- zation who may be liable to an "insured"; (3) With the conduct of suits and attend hearings and trials; and (4) To secure and give evidence and obtain the attendance of witnesses; e. Und,er the coverage - Damage to Property of OthElrs - submit to us within 60 days after the loss. a swom statement of loss and show the damaged property, if in an "insured's" control; f. No "insured" shall, except at such "insured's" own cost, voluntarily make payment, assume oblioation or incur expense other than for first aid to others at the time of the "bodily injury". 4. Duties of an Injured Person - Coverage F - Medical Payments to Others. The injured person or someone acting for the in- jured person will: a. Give us written proof of claim, under oath if required, as soon as is practical; and b. Authorize us to obtain copies of medical re- ports and records. The injUlfed person will submit to a physical exam by a doctor of our choice when and as often as we reasonably require. Page 19 of 21 5. Payment of Claim - Coverage F - Medical Payments to Others. Payment under this cover- age IS not an admission of liability by an "lOsured" or us. 6. Suit Against Us. No action can be brought against US unless there has been full compliance with all of the terms under this Section II No one will have the nght to join us as a party to any action against an "insured". Also. no action with respect to Coverage E can be brought against us until the obligation of such "insured" has been determined by final judgment or agree- ment signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insol- vency of an "insured" will not relieve us of our ob- ligations under this policy. 8. Other Insurance - Coverage E " Personal Li- ability. This insurance is excess over other valid and collectible insurance except insurance written HO-3 (06-021 specifically to cover as excess over the II~':, C' Ilaollity that apply 10 this policy 9. Policy PE!riod This poliCY applies only to "bodily inJury" or "proD- erty damage" which occurs dUring the policy PE- riod. 10. Concealment or Fraud. We do not provide cov- erage to an "insured" who. whether before or after a loss. has: a. Intentionally concealed or misrepresented any matelrial fact or circumstance. b. Engaged in fraudulent conduct: or c. Made false statements: relating to this insurance. SECTION I AND SECTION II - CONDIITIONS 1. Liberalization Clause. If we make a change which broadens coverage under this edition of our policy without additional premium charge. that change will automatically apply to your insurance as of the date we implement the change in your state. provided that this implementation date falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented with a general program re- vision that includes both broadenings and restric- tions of coverage. whether that general program revision is implemented through introduction of: a. A subsequent edition of this policy form; or b. An amendatory endorsement. 2. Waiver or Change of Policy Provisions. A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights. 3. Cancellation. a. You may cancel this policy at any time by re- turning it to us or by letting us know in writing of the date cancellation is to take effect. b. We may cancel this policy only for the rea- sons stated below by notifying the "insured" in writing of the date cancellation takes effect. This cancellation notice may be delivered to or mailed to the "insured" named in the Dec- larations at the mailing address shown in the policy or at a forwarding address. HO-3 (06-02) Prooll of mailing will be sufficient proof of no- tice. (1) When' the "insured" has not paid the premium by the due date. whether pay- able to us or to our agent or under any finance or credit plan. we may cancel at any time by letting the "insured" know at least 15 days before the cancellation takes effect. (2) If the "insured" has made a material mis- representation which affects the insur- ability of the risk, we may cancel at any time by letting the "insured" know at least 15 days before the cancellation takes effect. (3) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying the "insured" named in the Declarations at least 30 days before the cancellation takes effect. (4) When this policy has been in effect for 60 days or more, or at any time if it is a renewal with us, we may cancel only for one or more of the following reasons by notifying the "insured" named in the Declarations at least 30 days prior to the proposed cancellation date: (a) There has been a substantial change or increase in hazard in the risk assumed by us subsequent to the date the policy was issued; Page 20 of 21 - .- = ""- , - == - .- -- - ....... - - - -= - - ..""""" (b) There IS a substantial IOcrease 10 hazard InsureO agalOst by reason of willful or negligent acts or omissions by the "lOsured": (c) At any lime that the property 10- sured does not meet the eligibility requirements for insurance of the Insurance Placement Facility of Pennsylvania (Fair Plan) then in effect: or (d) For any other reason approved by the Pennsylvania Insurance Com- missioner. This provision shall not apply if the named "insured" has demonstrated by some overt action to us or to our agent that the "insured" wishes the policy to be cancelled. Delivery of such written notice by us to the "insured" named in the Declarations at the mailing address shown in the policy or at a forwarding address shall be equivalent to mailing. c. When this policy is cancelled, the premium for the penod from the date of cancellation to the expiralion date will be refunded. When you request cancellation in the first policy year. the return premium will be based on our short rate table. Otherwise, the return pre- mium will be pro rata. d. If the return premium is not refunded with the nolice of cancellation or when this policy is returned to us. we will refund it within a rea- sonable time after the date cancellation takes effect. 4. Nonrenewal. We will not fail to renew this policy except for one of the reasons referred to in the Cancellation condition. We may refuse to renew for one of the listed reasons by mailing to the "in- sured" named in the Declarations at the mailing address shown in the policy or at a forwarding ad- dress, written notice at least 30 days prior to the expiration date of this policy. This provision does not apply if: a. We have indicated our willingness to renew and the "insured" has failed to pay the pre- mium by the due date; or b. The named "insured" has indicated to us or our agent that the "insured" does not wish the policy to be renewed. Delivery of such written notice by us to the "in. sured" named in the Declarations at the mailing .- .- ~ -= - : HO-3 (06.02) HO-3 (06-02! address shOwn 10 the poliCY or at a torv,aro:n; aJ- dress shall be eqUivalent to malilOg 5. Assignment. ASSignment of thiS policy Will not De valid unless we give our wntten consent. 6. Subroga,tion. An "lOsured" may waive m writing before a loss all nghts ot recovery agalOst any person If not waived. we may reqUIre an assign- ment of rights of recovery for a ioss to the extent that payrnent IS made by us If an assignment is sought. an "lOsured" must sign and deliver all related papers and cooperate with us. Subrogation does not apply under Section II to Medical Payments to Others or Damage to Prop- erty of Others. 7. Death. If any person named in the Deciarations or the spouse, if a resident of the same household. dies: a. We insure the legal representative of the de- .. ceased but only with respect to the premises and property of the deceased covered under the policy at the time of death: b. Insurance under this policy will continue as provided in (1) or (2) below, whichever is later: (1) For 180 days after your death regardless of the policy period shown in the Decla- rations, unless your premises and prop- erty, covered under the policy at the time of your death, is sold prior to that date; or (2) Until the end of the policy period shown in the Declarations. unless your premises and property, covered under the policy at the time of your death, is sold prior to that date. Coverage during the period of time after your deallh is subject to all the provisions of this policy including payment of any premium due for the policy period shown in the Declara- tions and any extension of that period; c. "Insured" includes: (1) An "insured" who is a member of your household at the time of your death, but only while a resident of the "residence premises"; and (2) With respect to your property, the person having proper temporary custody of the property until appointment and qualifica- tion of a legal representative. Page 21 of 21 - .- - 'l!55 - -- -- == -- ...... -- "'"""" - - - -== - - ~- .- -- - - '-- . HO-82i PA (09-02\ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED FUNGI, OTHER MICROBES OR ROT REMEDIATION DEFINITIONS The following deflOition is added: . UFungi" a. "Fungi" means any type or form of fungus. in- cluding mold or mildew. and any mycotoxins. spores. scents or by-products produced or released by "fungi". b. Under Section II. this does not include any "fungi" that are, are on. or are contained in. products or goods intended for consumption. SECTION I - PROPERTY COVERAGES COVERAGE D - LOSS OF USE Paragraphs 1. and 2. are deleted and replaced by the following: 1. Additional Living Expense If a loss covered under Section I makes that part of the "residence premises" where you reside not fit to live in. we cover any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living. However, additional living expense due to "fungi", other microbes or rot remediation will not be paid in addition to any amounts paid or pay- able under the Additional Coverage Limited "Fungi", Other Microbes Or Rot Remediation. Payment will be for the shortest time required to repair or replace the damage or, if you perma- nently relocate. the shortest time required for your household to settle elsewhere. This period of time is not limited by expiration of this policy. 2. Fair Rental Value If a loss covered under Section I makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. However, fair rental value due to "fungi", other microbes or rot remediation will not be paid in addition to any amounts paid or payable under the Additional Coverage Limited "Fungi", Other Microbes Or Rot Remediation. Payment will be for the shortest time required to repair or replace such premises. This period of time is not limited by expiration of this policy. HO-827 PA (09-021 ADDITIONAL COVERAGES The followin!l additional coverage IS added . Limited "Fungi", Other Microbes Or Rot Re- mediation. a. If a loss caused by a Peril Insured AgalOst undm Section I results in "fungi". other mI- crobes or rot. we will pay for: (1) lRemediation of the "fungi". other mi- crobes or rot. This includes payment for 'the reasonable and necessary cost to: la) Remove the "fungi". other microbes or rot from covered property or to re- pair. restore or repiace that property; and - .' (b) Tear out and replace any part of the building as needed to gain access to the "fungi", other microbes or rot; (2) Any reasonable and necessary increase in living expense you incur so that your household can maintain its normal stan- dard of living or loss of fair rental value if the "fungi", other microbes or rot makes the "residence premises" not fit to live in. We do not cover loss or expense due to cancellation of a lease or agreement: and (3) Any reasonable and necessary testing or monitoring of air or property to confirm the absence, presence or level of the "fungi", other microbes or rot, whether performed prior to. during or after re- moval, repair, restoration or replacement. b. We will pay under this additional coverage only if: (1) The covered loss occurs during the policy period; (2) All reasonable means were used to save and preserve the property at the time of and after the covered loss; and (3) We receive prompt notice of the covered cause of loss that is alleged to have re- sulted in "fungi", other microbes or rot. c. The most we will pay under this additional coverage is S 5.000 . This is the most we will pay for the total of all loss or costs re- gardless of the: Page 1 of 2 (1) Number of locations or items of property msured under this policy: or (2) Number of losses or claims made. d. This IS not additional insurance and does not increase the limit of liability that applies to the damaged property. SECTION I - PERILS INSURED AGAINST In form HO-3 paragraph 2.c.(6)(c) is deleted and re- placed by the followmg: (c) Smog. rust or other corrosion; Paragraph C.7.c. in endorsement 58065 PA. 1.b.(5)(c) in endorsement HA-15, and 3.e.(3) in en- dorsement HA-615 if applicable. are deleted and reo placed by the following: . Smog, rust or other corrosion; SECTION I - EXCLUSIONS The following exclusion is added under A.: 9. -Fungi", Other Microbes or Rot, meaning any loss or cost resulting from, arising out of. caused by, consisting of. or related to. "fungi", other microbes or rot. Such loss is excluded regardless of any other cause or event con- tributing concurrently or in any sequence to the loss. This exclusion does not apply to "fungi", other microbes or rot remediation coverage that may be afforded under the Ad- ditional Coverage Limited "Fungi", Other Microbes Or Rot Remediation. SECTION II - EXCLUSIONS The following exclusion is added under item 1. Cov- erage E - Personal Liability and Coverage F - Medical Payments To Others: Ho-827 PA (09-02) HO-82i PA (09-021 . -Bodily IrIJury- or 'property damage' consist"'; C' ansmg out of. caused by contnoutec te aggra. vated by or resulting from. whether dlrectlv 01 in- directly. by -tungi". other microbes or rot This mCludes: (1) The cost of testmg. monltonng. abating. mltl- gatmg. removmg. remedlatmg or disposmg of "fun>ii", other microbes or rot. (2) Any supervision. instruc\1on disclosures. or failures to disclose. recommenda\1ons wam- ings. or advice given. or that allegedly should have been given. in connection with "bodily injur( or "property damage" consistmg of. arising out of. caused by. contributed to. ag- gravated by or resulting from. whether directly or indirectly. by "fungi", other microbes or rot. or the activities described in m.(1) above; (3) Any obligation to share with or repay another who must pay damages because of "bodily injury" or .property damage" damage of the .type described in this exclusion. This applies regardless of any other cause that contributed direl:tly or indirectly, concurrently or in any sequence to the -bodily injury" or "property damage"; and (4) Liability imposed upon any "insured" by any govl~rnmental authority for "bodily injury" or "property damage" consisting of, arising out of, t:aused by, contributed to. aggravated by or resulting from, whether directly or indi- rectly, by "fungi", other microbes or rot. All other provisions of this policy apply. Page 2 of 2 - .- - ,= E5i . - . 0- .- - "'"""" "'"""" - ~ ...... ~ - - . .- E5i ~- ...... "= 58064 PA 106-021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VALUE ADDED PACKAGE PENNSYLVANIA For an additional premium. we agree to provide the following coverages: DEFINITIONS Under 6. "Occurrence". the following sentence is added: It also means offenses which result, during the policy period. in "personal injury". The following is added: 1 O. .Personal injury" means injury arising out of one or more of the following offenses: a. False arrest, detention or imprisonment, or malicious prosecution; b. Libel. slander, oroefamation of character; or c. Invasion of privacy. wrongful eviction. or wrongful entry. SECTION I - PROPERTY COVERAGES COVERAGEC-PERSONALPROPERTY The Coverage C limit shown on the Declarations is increased to 70% of COVERAGE A - DWELLING. COVERAGE D - LOSS OF USE The Coverage D limit shown on the Declarations is increased to 30% of the limit shown for COVERAGE A - DWELLING. SECTION I - ADDITIONAL COVERAGES 10. Ordinance or Law. The first paragraph is deleted and replaced by the following: a. You may use up to 20% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: The following Additional Coverage is added; . Lock Replacement Coverage. We will pay you an amount not to exceed $250 that you incur in changing the locks on your "resi- dence premises" when your keys have been sto- len. The theft of keys must be reported to the police for this additional coverage to apply. No deductible applies to this additional coverage. If this coverage is also provided under any other endorsement on this policy, this is the only limit of liability that will apply. Because this coverage is 58064 PA (06-02) no longer provided by any other endorsement. an appropriate premium credit will be applied to that endorsement. SECTION I - CONDITIONS Under 3. Lo,ss Settlement. paragraph a. IS deleted and replacecl by the following: a. Property of the following types: (1) I"ersonal property. including awnings. I~arpeting, household appliances. outdoor antennas and outdoor equipment. whether or not attached to buildings. at the cost to repair or replace at the time of the loss. " This method of loss settlement will also apply to the following articles or classes of property if they are separately de- scribed and specifically insured in this policy and not subject to agreed value ioss settlement: (a) Jewelry; (b) Furs and garments trimmed with fur or consisting principally of fur; (c) Cameras. projection machines, films and related articles of equipment; (d) Musical equipment and related arti- cles of equipment; (e) Silverware, silver-plated ware, gold- ware, goldplated ware and pewter- ware, but excluding pens or pencils, flasks, smoking implements or jew- elry; and (f) Golfer's equipment meaning golf clubs, golf clothing and golf equip- ment, Personal Property Replacement Cost loss settlement will not apply to other classes of property separately described and spe- cifically insured. Property listed below is not eligible for re- placement cost settlement. Any loss will be settled at "actual cash value" at the time of loss but not more than the amount required to repair or replace. Page 1 of 3 (a) Antiques. fine arts. paintings statu- ary. and similar articles which by their Inherent nature. cannot be re- placed with new articles: and (b) Articles whose age or history contrib- ute substantially to their value. in- cluding but not limited to memorabilia. souvenirs and collec- tor's Items. (2) Structures including swimming pools that are not buildings at -actual cash value" at the time of loss. but not exceeding the amount necessary to repair or replace. (3) "Cost to Replace- means the cost at the time of loss of a new article of like kind and quality to the one damaged. de- stroyed or stolen. When an article is no longer manufactured or is not available, the "cost to replace" means the cost of a new article, similar to that damaged. de- stroyed or stolen, which is of comparable quality and usefulness. (4) The limit of liability for loss on any per- sonal property shall not exceed the smallest of the following amounts. subject to any deductible (a) The limit of liability of this policy ap- plicable to Coverage C; (b) Any special limits of liability described in the policy; (c) The cost to replace, without deduction for depreciation, at the time of loss. (5) When the full cost to repair or replace an article or articles is more than $2,000, we will not be liable for any loss under any part of this provision unless and until you actually repair or replace the article or ar- ticles. You may elect to disregard the Re- placement Cost Loss Settlement provisions and make claim under this policy for loss or damage to personal property on an actual cash value basis and then make claim within 180 days af- ter loss for any additional liability on a re- placement cost basis. (6) If the "actual cash value" amount is insuf- ficient to initiate repair or replacement of the lost or damaged property, we will ad- vance to you the amount necessary for you to initiate such repair or replacement and such further amounts necessary to continue the repair or replacement. The amount of loss payment we agree upon 58064 PA (06-02) 58064 PA (06-02\ for the lost or damaged prooenv WI. De n~duced by any advance payment -:-"e total of all advances and other payments hereunder will not exceed the amount al- lowed under 3.a.(4) above Under thiS Loss Settlement procedure tile follOWing special provisions apply (a) You shall promptly forward to us eVI- dence of the agreement with the party repairing or replacing the prop- erty which shows the cost and esti- mated completion date of the repaired property or delivery date of the replaced property. (b) We will send to you the balance. if any. of the loss payment prevIously agreed upon when you notify us of the completion of the repairs or the expected delivery date of the re- placed property. . .. (e) If you do not comply with the above terms at any time. we will pay no more than the "actual cash value" for the loss or damage. In such case, if the amount we advanced to you is more than the -actual cash vaiue", you shall refund the difference to us within 30 days of the date we mail our refund notice to you. We have the option either to repair or replace any item under this coverage, or to reimburse the c:ost to replace it. The followinll CONDITION is added: ADDITIONAL REPLACEMENT COST PROTECTION (Applies only when loss to dwelling exceeds the Cov- erage A Limit of Liability shown in the Declarations.) To the extent that coverage is provided. we agree to provide an additional amount of insurance in accor- dance with the following provisions. a. If you have: (1) Allowed us to adjust the Coverage A limit of liability and the premium in accordance with: (al The property evaluations we make; and (b) Any increases in inflation; and (2) Notified us, within 30 days of completion, of any improvements, alterations or additions to the Ijwelling which increase the replacement cost of the dwelling by 5% or more; Page 2 of 3 . , ~ c...... ""= -- == = "= ...... ....... ...... ....... - - - ~ - - ,""= -- the provIsions of thiS endorsement will apply after a loss. provided you elect to repair or replace the damaged or destroyed dwelling on the same premises. b. If there is a loss to the dwelling that exceeds the Coverage A limit of liability shown in the Declara- tions. for the purpose of settling that loss only: (1) We will provide an additional amount of in- surance. up to 25% of the Coverage A limit of liability: and (2) The Section I Condition 3. Loss Settlement paragraph b. is deleted and replaced by paragraphs bOo c. and d. as follows: b. The dwelling under Coverage A at re- placement cost, We will pay not more than the smallest of the following amounts for like construction and use on the same premises: (1) The replacement cost of that part of the dwelling damaged or destroyed; (2) The necessary amount actually spent to repair or replace the damaged or destroyed dwelling; or (3) The limit of liability under this policy that applies to the dwelling plus any additional amount provided by this endorsement. c. We will pay no more than the "actual cash value" of the damage until actual repair or replacement is complete. d. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss or damage to the dwelling on an "actual cash value" basIs. You may then make claim within 180 days after loss for any additional li- ability on a replacement cost basis. SECTION II - LIABILITY COVERAGES COVERAGE E - PERSONAL LIABILITY This section is deleted and the following is substi- tuted: If a claim is made or a suit is brought against any "in- sured" for damages because of "bodily injury", "per. sonal injury" or "property damage" caused by an "occurrence" to which this coverage applies, we will: 0- ...... - - .- 58064 PA (06-02) 58064 PA (06-021 1. Pay up 'to our limit of liability for the oama~e" 10. whiCh the "lnsured" IS legally liable. ano 2. Provide a defense at our expense by counse: 0' our chOice. even if the SUit IS groundless false or fraudulent We may investigate and settle any claim 0" SUit that we deCide IS appropnate Our duty to settle or defend ends when our limit of li- ability for the "occurrence" IS exhausted by the payment of Judgments or settlements SECTION II - EXCLUSIONS The following is added 4. Personal injury Insurance does not apply to: a. Liability assumed by the "insured" under any contract or agreement except any indemnity obligation assumed by the "insured" under a written contract directly relating to the owner- ship. maintenance or use of the premises; b. Injury caused by a violation of a penal law or ordinance committed by or with the knowl- - ellge or consent of an "insured"; c. Injury sustained by any person as a result of an offense directly or indirectly related to the employment of this person by the "insured". d. Injury arising out of or in connection with a "business" engaged in by an "insured". This exclusion applies but is not limited to an act or omission, regardless of its nature or cir. curnstance. involving a service or duty ren- dered. promised, owed, or implied to be provided because ot the nature of the "busi- ness". e. Civic or public activities performed for pay by an "insured"; or f. Injury to you or an "insured" within the mean- ing of part a. or b. of "insured" as defined. SECTION III - CONDITIONS Under 1. Limit of Liability, the following is added. If "Personal Injury" coverage is also provided un- der any other endorsement on this policy, this is the only "Personallnjury" coverage that will apply. Because this coverage is no longer provided by any other endorsement, an appropriate premium credit will be applied to that endorsement. All other provisions of this policy apply. Page 3 of 3 HA-61-B (06-951 VALUABLE ITEMS PLUS For an additional premium. we agree to provide the insurance described in this encorsement. SECTION I . COVERAGES COVERAGE C - PERSONAL PROPERTY SPECIAL LIMITS OF LIABILITY - The following paragraph is added: Any limits provided under this section shall be excess over any amount payable under COVERAGE G. The following is added as a SECTION I COVERAGE: COVERAGE G - VALUABLE JEWELRY. SILVER. WARE, FINE ARTS. FURS, CAMERAS. HOME COMPUTERS, GUNS. MUSICAL INSTRUMENTS AND CHINA/CRYSTAL. DEFINITIONS - COVERAGE G: 1. ~ewelry" means individually owned articies of =ersonal adornment composed at least partially of sliver, gold, platinum or other precious metals or alloys, whether or not containing pearls, jewels, or precious or semi-precious stones. 2. "Silverware" means individually c" ~ed silver- ware, silver-plated ware, goidwar€ ~:cld-plated ware and pewterware except ler jewelry, watches, coins and medals. 3. "Fine Arts" means paintings, etchings, pictures, tapestries and other bona fide works of art (such as vaiuable rugs, statuary, marbles. oronzes, an- tique furniture, rare books, antique silver, manuscripts, porcelains, rare glass and bric-a- brac) of rar~y, historical value or artistic mer~. 4. "Fur" means furs and garments trimmed w~h fur. 5. "Home Computers" mear€ electronic home in- formation and entertainment hardware, data storage media, purchased preorogrammed software packages and miscellaneous electronic processing equipment used in connection w~h home computers. Data storage media includes tape cassettes, floppy and hard discs, as well as purchased preprogrammed software packages. 6. "Guns means firearms, scopes and miscel- laneous property such as ammunition, clips, tripods, carrying cases, and holsters used in con- nection w~h firearms. 7. "Cameras" means cameras, projection machines and miscellaneous property such as carrying cases, films, lenses, filters, light meters, tripods, etc. 8. "Musical Instruments" means musical instru- ments and miscellaneous property such as sheet music, stands, carrying cases and straps used In connection with musical Instruments. HA-61-B (06-95) 9, "ChinalC:r~ mean, ceramic ware 0' por- celain din, are. ar crystal comprised of clear. colorless glass O' ,.oerior quality. We insure only the above kind(sl oi oroperty which is/are dlspl.ayed on your Declarations under COVERAGE G. We insure this property against all risks of direct physical los. EXCEPT THOSE EX- CLUDED BELOW. EXCLUSIONS We do not CClver: 1. Loss caLlsed by wear and tear. gradual deteriora- tion, or il1herent vice. 2. Loss caused by war, inciuding warlike act by a mil~ary force or mil~ary personne destruction or seizure or use for a mil~ary purpose. Discharge of a nuclear weapon shall be deemed a warlike act even n accidental. 3_ Loss tl) i:"!icles sepc":ely described and specni- cally ins~ oed under .s policy or any other in- surance. 4. Loss to pens, pencils, flasks, smoking equipment, . cigarette' cases, or trophies. 5. Loss to bullion or ingots of gold, silver, or other precious metals, or unmounted gems. 6. As respeicts Fine Arts: a. Loss or damage resulting from any repairing, rest C) ration or retouching process. b. Loss or damage to property on exhibition at fair grounds or on the premises of any na- tion,!l or international expos~ion. c. The first $100 of loss due to breakage of art glass windows, statuary, marble, glassware, bric-a-brac, porcelain and similar fragile ar- ticles, unless caused by 'ire, lightning, aircraft, theft and/or attemplea theft, cyclone, tornado, windstorm, earthquake, flood, ex- plosion, malicious damage, or collision, derailment or overturn of conveyance. d. Los's or damage to cemetery property. 7. Loss or damage to property used in a profession or business, except incidental business use. 8. As respects Home Computers, loss or damage to any clata programmed or ;;e.,erated by you. 9. Loss or damage caused by Nuclear Hazard to the extent set forth in the Nuclear Hazard Clause of SECTION I - CONDITIONS. Page 1 of 2 SECTION I - EXCLUSIONS DO NOT APPLY TO COVERAGE G. SECTION I - CONDITIONS Under SECTION I . CONDITIONS. Item 4. Loss 10 a Pair or Sel does not apply to jewelry covered under COVERAGE G. Loss to a jewelry item thai is part of a pair or set will be settled as follows: 1. we agree to pay you the full amount of the actual cash value of the pair or set at the time of the loss and you agree to surrender the remaining ar. ticle(s) of the pair or set to us. 2. if you elect not to surrender the remaining ar- ticle(s) of the pair or set, we will pay you the difference between the actual cash value of the pair or set before and after the loss. 3. a pair or set of jewelry ttems is considered to be a single ttem. COVERAGE G - LIMIT OF LIABILITY 1. The most we will pay for loss of your jewelry, silverware, fine arts, furs, home computers, - .- - - 0:":== - .- ~- = "'"""" - - - - - -= o This endorsement forms a part of the policy. ==: - "_ HA-61-B (06-95) . HA.61-B 106-95) cameras. guns. musical instruments 0- china/crystal in anv one occurrence IS Ine 1"11: of liabilrty for COVERAGE G (HA-61.S' statec In the Declarations. 2. SPECIAL LIMITS OF LIABILITY. The most we will pay in anyone occurrence for loss of any one rtem of: a) any class of covered property IS 510.000. ex. cept for data storage media used in connec- tion wrth home computers: b) data storage media used in connection with homla computers is 5500. These Iimtts do not increase the COVERAGE G limit of liability. DEDUCTIBL.E No deductible applies to COVERAGE G. However, a deductible, if any, will be subtracted from any pay- ments made under COVERAGE C. All other provisions and conditions of the policy apply. 0' ,,- Page 2 of 2 HA-300 PA (09-021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL PROVISIONS - PENNSYLVANIA DEFINITIONS The following definition is added: 10. "fuel system' means: a. One or more containers. tanks or vessels which have a total combined fuel storage ca- pacity ot 100 or more U.S. gallons; and; (1) Are. or were. used to hold fuel: and (2) Are. or were. located on anyone loca- tion: b. Any pumping apparatus, which includes the motor. gauge. nozzle. hose or pipes that are, or were. connected to one or more containers. tanks or vessels described in Paragraph a.; c. Filler pipes and flues connected to one or more containers. tanks or vessels described in Paragraph a.: d. A boiler. furnace or a water heater. the fuel for which is stored in a container. tank or ves- sel described in Paragraph a.; e. Fittings and pipes connecting the boiler, fur- nace or water heater to one or more contain- ers. tanks or vessels described in Paragraph a.: or f. A structure that is specifically designed and built to hold escaped or released fuel from one or more containers, tanks or vessels de- scribed in Paragraph a. A "fuel system" does not include any fuel tanks that are permanently affixed to a motor vehicle or watercraft owned by an "insured", used for pow- ering the motor vehicle or watercraft and not used at any time or in any manner for "business". SECTION II - EXCLUSIONS 1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others, Items m. and n. are added as follows: m. or any loss, cost, payment or expense, including, but not limited to, defense and investigation, of any kind arising out of. resulting from, caused by or contributed to by the actual or alleged presence or actual, alleged or threatened dispersal. release, ingestion, inhalation or absorption of lead, lead pigment, lead compounds or lead in any HA-300 PA (09-02) form which IS or was contained or Incorporated Into any matenal or substance This lexcluslon applies but IS not limited to (1) Any supervision. instructIOns. recom- mendations, warnings or adVice given In I;onnection with the above: (2) Any obligation to share damages. losses. I;OStS. payments or expenses with or Ire pay someone else who must make payment because of such "bodily inJUry" or "property damage". damages. loss. cost, payment or expense; or (3) Any request, order or requirement to test for. monitor, abate. mitigate. remediate. contain. remove. dispose of. or in any way respond to or assess the effects of lead, lead pigment. lead compounds or materials or substances containing lead in any form. . n. arising out of. resulting from, caused by or contributed to by the escape or release of fuel from a "fuel system". This exclusion applies. but is not limited to: (1) Any supervision. instructions, recom- mendations, warnings or advice given in connection with the above; (2) Any obligation to share damages, losses, costs, payments or expenses with or repay someone else who must make payment because of such "bodily injury" or "property damage", damages, loss, cost, payment or expense: or (3) Any request, order or requirement to test for, monitor, abate, mitigate, remediate, contain, remove, dispose of, or in any way respond to or assess the effects of fuel in any form. However, this exclusion does not apply to "bodily injury" or "property damage" arising out of fire or explosion that results from such escaped or released fuel. All other provisions of this policy apply. Page 1 of 1 - .- M " ~ ""= -- 0- = - "'"""" - "'"""" - - - -= - - ,""= -- .- ~ -= - '. This policy IS signed for the company which IS the insurer under this policy ~~~ /~ :LL James M. Michener Secretary Joseph Lacher C'hief Executive Officer P,ersonal Lines IN WITNESS WHEREOF, the Company has executed and attested these presents. ~ ..... PL-9107 8.97 EXHIBIT "B'~I <ilt. '.... ..... EXHIBIT "C" 63/19/2664 68:69 --.'- - 71 75556137 N I COLE ADAr~S .- Travelers - ~ Travelers Insurance P.O. Box 168 Nonhumberland, Pa t 7857 (570)473-2259 Office (866)547-3792 Fax Insured: Vnderkofler. Paulett ProperlY: 792 Brentwater Road Camp Hill, PA 17011 Claim Rep.: NIcole Adams Business: POBox 175 Pcnryn, PA 17564 Estimator: Nicole Adams Business: POBox 175 penryn, P A 17564 Policy Number ()I114494S7210106331 Type of Loss .- Vehicle ClaiIJI Number L8G4431 Price List: P AHA2S4A RestoI1ltiorVServ:ice/Remodel with Service Charges Broken Out Estimate: 2004-02-26-1004 Home (717) 737.9514 Business: (717) 665-0137 Business: (717) 665-0137 ~.J;..:;l:' "- L_ Deductible S 150.00 03/19/2004 08:09 71 75550137 N I COLE ADAI~S =~~:.: cc .---- 1.favelers . ~. Travelers Insurance PO. Box 168 Northumberland. Pa 1785" (570)473-2259 Office (866)547-3792 Fax 2004-02-26-1004 LxWill 22'6" x 12'11" 17'8" Room; Sunroorn Missing WaU: MiJSlng Wall: Missing Wall: Missing Wall: Missing Wall: 367.42 290.63 172.50 2 - :2,'9" X 4'2" 2 - 6'9" X 3'4" 1 - S'U" X 6'10" 1 .. 3'8" X 7'1" 1 .. S'10" X 7f1" SF Walls Sf Floor SF Long Wall 290.63 32.29 99.03 Opens into E Open. Into E Opens Into [ Opens Into E Opens into [ SF Ceiling SY Flooring SF ShortWaU Go.. to neither Floor/Ceiling Goes to neither Floor/Ceiling Go.. to Floor Goes to Floor Goes to Floor 658.04 SF Walls & Ceiling 55.42 LF Floor Perimeter 70.83 Lf Ceil. Perimeter DESCRIPTION QNTY REMOVE REPLACE , RCV DEPREe. ACV I. DrywaU Ceiling Mat.$12.94 Lab.$173.28 1.00EA 0.00 186.22 186,22 27.93 158,29 The above line item is time and material method to repair ceiling. Materials 10 include one sbee' drywall, jomt compound. tape, fasteners and 4 hours labor. 2. R&R 1/2" drywall - hung. laped, floated, ready for paint 184.25 SF 018 3. Vinyl window - double hung. 20-28 sf - Hiih grade 1.00 EA 0.00 4 Seal/prime part of the walls and ceiling - one coat 329.Q2 SF 0.00 5. Paint the walls and ceiling - two coats 658.04 SF 0.00 6. Remove eazpet 290.63 SF 1.12 239.53 30.95 208.58 402.59 402.59 60.39 342.20 0.26 85.55 12.83 72.72 0.47 309.28 46.39 262.89 0.14 0.00 40.69 0.00 40.69 7. Carpet 3\0.00 SF 0.00 2.36 731.60 109.74 8. R&R Carpet pad 290.63 SF 0.06 0.40 133.69 17.44 9. Detach & Reset Baseboard electric heater - 6' 1.00EA 0.00 0.00 67.33 0.00 10. R&R French door - Exterior - stain grade jomb & casing 1.00EA \0.41 411.26 421.67 61.69 11. Ceiling fan & light - Delach & reset 1.00EA 0.00 87.19 87.19 0.00 621.86 116.25 67.33 359.98 87.19 2004-02-26-1004 03/19/2004 Page: 2 03/19/2004 08:09 -'----- 71 76550137 N I COLE ADAI~S "..\3E ,. l" .---. Travelers ~ Travelers Insurance P.O. Box 168 Northumberland. Pa 1785" (570)473-2259 Office (866)547.3792 fax CONTP,'UED - Sunroom DESCRIPTlO:-; DEPREe. ACV QNTY RE~fOVE REPLACE RC" 12. Contents - move out then reset - Large room 45.89 1.00EA 0.00 45.89 45.89 0.00 Room Totals: Sanroom . .l:,7S1.23 367.36 2,383,87 Room: Great Room Formal. Peaked 27'10" x 19'2" x 8'0" Missing Wall: 1 ~ 8'8" X 4'3" Opens into E, Goes to neither floor/Ceiling Missing Wall: 1 - S'10" X 7'1" Opens into E, Goes to Floor Missing WaU: 1 - 6'6" X 6'10" Opens into E: Goes to Floor Missing Wall: 1 - 3'0" X 6'11" Opens Into E: Goes to Floor MiSling Wall: 1 ... 2'8" X 3'6" Opens Into E: Goes to neltber floor/CeDing Sabroom 1: Offset 1 L:lWxH (i'9".I. 2'9" I. 8'0" Missing Wall: 1 - 6'9" X B'O" Opens Into 0 Goes to Floor/Ceiling 717.57 SF Walls 56\.74 SF Ceiling 1,279.31 SF Walls & CellinS 552.03 SF Floor 61.34 SY Flooring 84.17 LF Floor Perimeter 54.00 SF Long Wall 22.00 SF Short Wall 100.51 LF Ceil. Perimeter DESCRlPTlON QNTY REMOVE REPLACE RCV DEPREC. ACV 13. Contents - move out then reset - Extra large room \.OOEA 0.00 9\.80 9\.80 0.00 91.80 14. R&R 1/2" drywall- hung, taped. heavy texNre. ready for paint 561.74 Sf 0.18 1.32 842.61 0.00 842.61 15. DetaCh & Reset Hanging light fixture 1.00 EA 0.00 0.00 25.59 0.00 25.59 2004-02-26-1004 03/1912004 Page: 3 03/19/2004 08:09 71 75650137 N I COLE ADA~1S ;::'-43~ c: ..--- 1.favelers ~ Travelers Insurance P.O Box 168 ~orthlllllberland. Pa 17857 (570)473-2259 Office (866)547-3792 Fax CONTINL"ED - Great Room DESCRIPTION QNTY REMOVE REPLACE RCV DEPREe. ACV 16. Recessed light fixture - Detach & reset entire unit 4.00 EA 0.00 17. Fixture (can) for track ligbting - Detach & reset 2.00 EA 0.00 18 . Track for traCk lighting - DetaCb & resel 3.00.Lf 0.00 19. R&R Ban insulation - 4" - R11 561.74 SF 20. Carpet pad - Standard grade 552.03 SF 0.00 0.34 187.69 0.00 187.69 The above line item is 10 protect the finished wood floor and kitchen eountertopS Ifrom falling debris and due to bracing and installation of temponuy wall for jacking up of trusse~ to perform retrofit. 21. Retrofit existing rafters per cngmeers protocal Mat. 8767.18 Lab.SI,771.52 1.00 EA 0.00 2,538.70 2,538.70 0.00 2,538.70 The above line ite is figured T&M for the retrofit of the existing rafters only. Mat,erials 10 include fabricatred truss plates priced locally, 1300 5/16 in. diam. zinc plated stell lag bolts, 32 eo. #2 equivelent 2' x 6' x 14' lumber. Labor to include twO skilled trades and one general labor for two days. The follVling eight line itemS oed to be performed to accomidate retrofit. 22. Temp. Shoring - 1st 8 trusse. both .ides Mat. S 120.00 I Lab. S332.16 1.00 EA 0.00 452.16 452.16 0.00 452.16 The above line item is figured T&M. Materials to include 16e.. 2"x4"lliO'1I1l1lber, fasteners and two .heets of 1/2" cdx plywood. Labor 10 included two skilled frm and 1 laborer @ 300. ea. 23. Remove 1st 10 If ofbulkbead Lab. S166.08 incl. moving existing 1ally column back as well. 1.00 EA 166.08 0.00 166.08 24. Screw jack rafter 1 through 8 Lab. S442.88 1.00 EA 0.00 442.88 442.88 The above line item is labor Intensive to jack roofline to level and readjust shoring 10 accomidate retrofit. 25. Remove T crop Support and prep for move Lab SilO. 72 1.00 EA 110.72 0.00 26. Reframe temp. support for 2nd half 8 trus.... Labor S221.44 1.00 EA 0.00 221.44 221.44 The above line items' hourI)' rate was reduced due to lumber being pre cut from last fit. 27. Remove 2nd 10 If of bulkhead Lab. S166.08 1.00 EA 166.08 56.42 225.68 0.00 225.68 7.25 14.50 000 14.50 4..51 " 13.53 0.00 13.53 0.17 0.40 320.20 0.00 320.20 0.00 166.08 0.00 442.88 110.72 0.00 110.72 0.00 221.44 0.00 166.08 0.00 166.08 2004-02-26-1004 03/19/2004 Page: 4 03/19/2004 08:09 71 75550137 NICOLE ADAMS =..43::: l::; -------- 1.favelers - ~ Travelers Insurance PO. Box 168 Northumberland. Pa 17857 (570)473-2259 Office (866)547-3792 Fax COl\-rL'"UED - Great Room DESCRlPTlO:-; QNTY REMOVE REPLACE RCV DEPREC. ACY 28. Screw jack rafter 9 through J6 Lab. 5442.88 1.00EA 0.00 442.88 442.88 0.00 442.88 29. Remove Temp Support and prep for move Lab 5110.72 1.00 EA 110.72 0.00 110.72 000 110.72 The above line item is to prep lumber for use 10 rcframe header below. 30. Temp Support Header Lab. 543.22 - using existing temp supporr1umber. . 1.00 EA 0.00 43.22 43.22 0.00 43.22 31. Remove Header and framing - Lab. 564.83 1.00 EA 64.83 0.00 64.83 0.00 64.83 32. Header Mat S14.50 Lab. 5129.66 1.00EA 0.00 144.16 144.16 0.00 144.16 33. Detach & Reset Jambs, 2 sets of casing and paneling. Lab.5158.91 1.00 EA 0.00 0.00 158.91 0.00 158.91 34. B...cboard electric heater - 4' to 6' - Detach & reset 1.00EA 0.00 67.33 67.33 0.00 67.33 35. Outlet or switch - Detach & reset 2.00 EA 0.00 8,36 16.72 0.00 16.72 36. Seal then paint the ceiling (2 coats) 561.74 SF 0.00 0.46 258.40 0.00 258.40 37 Paint the surface area . two coats 764.67 SF 0.00 0.47 359.39 0.00 359.39 Room Totals: Great Room 7.486,22 0.00 7,486,22 2004-02-26-1004 03/1912004 Page: 5 03/19/2004 08:09 , 71 75550137 N I COLE ADA,Ms ;:>~~:: --- 1.favelers - L ...---" Travelers Insurance P.o. Box 168 Northumberland, Pa 17857 (570)473-2259 Office (866)547-3792 Fax Recap By Category with Depreciation O&P Items RCV Deprec. ACV CLEA1\IISG 91.96 91.96 COl'"TENT MA....."IPULATlON 137.69 137.69 GE"i'ERAL DEMOLITION 1,395.79 1,39S.79 DOORS 411.16 61.69 349.57 DRYWALL 1,134.08 58.88 1,075.20 ELECTRICAL 151.38 151.38 FLOOR COVERlNG - CARPET 1,03S.S4 127.18 908.36 FINISH CARPENTRY / TRJMWORK 158.91 158.91 FRAMING & ROUGH CARPENTRY 4,%8~.~ 4,28S.44 INSULATION 224.70 224.70 LIGHT FIXTURES 366.49 366.49 PAINTISG 1,179.22 84.21 1,095.01 SWING 673.61 101.0S S72.56 SOFFIT, FASCIA. & Gt:TTER 101.78 15.27 86.51 WI!'i'DOWS. VINYL 402.59 60.39 342.20 Subtotal 11,750.44 508.67 11,241.77 Base Service Charges 933.78 933.78 Material Sales Tax @ 6.000% 200.43 15.67 184.76 Overhead @ 10,00% 1,288.46 52.43 1,236.03 Profit @ 10.00% 1,288.46 5243 1,236.03 O&P Items Subtolal 15,461,57 629.20 14,832.37 Cleaning Sales Tax @ 6.000% 6.62 6.62 Subtotal IS,468.19 629.20 14,838.99 Less Deductibles (250.00) (250.00) Grand Total IS,218.19 629.20 14,588.99 2004-02-26-1004 03/1912004 Pag.: 11 ~3/19/2004 08:09 71 75650137 NICOLE ADAMS -........::;~ l- .------- Travelers . ~ Travelers Insurance P.O. Box 168 Northumberland. Pa 17857 (570)473-2259 Office (866)S47-3792tax Room: Exterior Formula Elevation 13t6" l ... 19'0" Missing Wall: 98.83 0.00 121.50 1 .. 5'8" X 4'0" SF Walls SF Floor SF Long Wall Opens Into [ 0.00 SF Ceiling 0.00 SY Flooring 121.50 SFShortWall Goes to neither Floor/Ceiling 0.00 SF Walls & Ceiling 13.s0 LF Floor Perimeter 13.50 LF Ceil. Perimeter DESCRIPTION Q~IY REMOVE REPLACE RCV DEPREC. ACV 38. Painting Mat.$21.20 Lab.SI45.40 1.00 EA 0.00 166.60 166.60 24.99 141.61 The above line Item is time and material method to paint Till. Matena1s to incl,ode 1 gallon exterior paint and 4 houn labor. 39. Repair Siding TIll MaU130.5s Lab.S486.36 . , 1.00 EA 0.00 0.00 616.91 92.54 524.37 The above line item is time and material method to replace siding on exterior of house. Materials to include four sheets 518"x4x8 Till, nail. and labor for 1 skilled siding installer and 1 general laborer, 6 hours ,each man. 40. Shutters - simulated wood (polystyrene) 1.00 EA 0.00 56.70 56.70 8.51 48.19 41. R&R Soffit & fascia. metal - 2' overhang 14.00 LF 0.43 7.27 107.80 15.27 92.53 Room Totals: Exterior 948.01 141.31 806.70 Room: GENERAL DESCRIPTION QI'oIY REMOVE REPLACE RCV DEPREC, ACV 42. Dumpster load - Approx. 12 yards, 1-3 ton of debris 1.00 EA 278.78 0.00 278.78 43. General Demolition - per hour 8.00 HR 24.28 0.00 194.24 The above line item is to remove debris from inside house and put in dumspter. 0.00 278.78 0.00 194.24 2004-02-26.1004 03/19/2004 Page; 6 03/19/20~4 08:09 71 75550137 -- Travelers - ~ Travelers Insurance P.O. Box 168 Northwnberland, Pa 17857 (570)473.2259 Office (866)547-3792 Fax NICOLE AD.,MS -~~=- L'S CO:';TlNL'ED - GENERAl, 2004-02-26-1004 03/19/2004 Page; 7 03/19/2004 08:09 7'-76650137 N I CCk_E ADA~\IS ~43:.. ,'- ------.. Travelers - ~. Travelen Insurance P.O Box 168 Northumberland. Pa 17857 (570)473-2259 Office (866)547-3792 Fax Grand Total Areas: 1,183.82 SF Walls 852.37 SF Ceiling 2.036.18 Sf Wails & Ceiling 842.66 SF Floor 93.63 SY Flooring 153.08 LF Floor Perimeter 348.00 SF Long Wall 242.53 SF Short Wall 184.85 Lf Ceil. Perimeter 0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area 0.00 Exterior Wall Area 0.00 Exterior Perimeter of Walls 0.00 Surface Area 000 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 0.00 Area of face 1 " 2004-02-26-1004 03/19/2004 Page: 8 ~3/19/2~04 08:09 7176650137 .------ Travelers - ~ Travelers Insurance P.O Box 168 NorthwDbaand,Pal7857 (570)473.2259 Office (866)547-3792 Fax N I COLE ADAr~S -.......;::=. Summary for Vehicle Line Item Total T olJll Adjustments for Bue Service Charges Material Sales Tax @ 6.000% x Subtotal Overhead Profit Cleaning Sales Tax Replacement Cost Value Less Depreciation Actual Cash Value Less Deductible Net Claim Total Recoverable Depreciation Net Claim if Depreciation is Recovered 2004-02-26-1004 @ @ @ 10.0% x 10.0% l( 6.000% X '...Lhl~n...( Nicole Adams 3,340.45 11.75044 933.78 200.43 12.884.65 12,884.65 110.35 12,884.65 1,288.46 1,288.46 662 15.468.19 (629.20) , , 14,838.99 (250.00) 14,S88.99 629.20 15,218.19 ~O- 03/19/2004 Page: 9 03/19/2004 08:09 7176550137 NICOLE ADAMS =":>'3:: ~ ~ .----.. Travelers . ,,----,' Travelers Insurance P.O. Bo~ 168 Northumberland, Pa 17857 (570)473-2259 Office (866)547-3792 Fax Recap by Room IAtbnat.:2004-02-26-1004 Sunroom 2,751.23 18.03% Great Room 7,486,22 49,05% Exterior 948.01 6~1%. GENERAL 564.98 3.70% Subtotal of Areas U,750.44 77.00% Bas. Senice Charges 933.78 6,12% Overhead @ 10.00% 1,288.46 8.44% Profit @ 10.00% 1,288.46 8.44% Grand Total 1S,261.14 100.00% 2004-02-26-1004 03119/2004 Page: 10 EXHIBIT "D" Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Kurt & Paulette Underkofler 792 Brentwater Road Camp Hill. PA 17011 Work OrderlProposal April 19, 2004 Description: Repair damage caused by automobile accident. Inspection: The inspection for this estimate was non-invasive. At the time of inspection, no access to the attic was available. Certain minimum assumptions have been made. lhis estimate provides for additional work to establish a usable access for the purpose of inspecting the truss system of the family Room. A supplement can be expected for any additional required repair work. Any additional undiscovered or required repair work related to the project is to be completed ona time and material rate of SSO.OO/hour. Qualifying information: This estimate is valid for t.hirty days. AI~m,easurements are approximate. All measurements are in feet. Work is to take place during regular work hours, (7am-7pm) and days. (M-f). All choices must be made prior to start of work. All paint to be applied to be top quality Duron. Wall & ceiling paint finish is to be flat. Ceiling paint color is to be 914 white. Trim paint finisb is to be semi-gloss. Colors are required to be neutral. (Trim & wall paint choices are required.) Work will begin witb preparatory work proceeding in all rooms simultaneously. Includes moving & protecting most contents. Contractor is not responsible for moving of audio/visual equipment, antiques or collectibles. Any additional undiscovered or required repair work related to the projeet is to be completed on a time and material rate ofSSO.OO/hour. A separate detailed invoice will be provided. Scope of Work: General Apply for penn its. (Initial application only. Requests for additional infonnation will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Remove, reset & protect contents & unaffected areas. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Exterior: Front Yard Sidewalk: 3x30 Remove 189 LF landscape timbers installed with re-bar. Remove & save 90 SF of brick pavers. Install 189 LF of landscape timbers wire-bar. Reinstall 90 Sf of brick pavers. Install 8 plastic, pbotocelllandscape lights along walkway. Exterior: Rear: Clean, Prime and paint 104 SF T-III wall panel Clean. Prime and paint door trim. Clean. Prime and paint two window trim. Page one of three WI/ere You Turn When 10u Need To Trust Your Home In Someone Elses Hands - HOME IN HAND 109 Fawn Court . Harrisburg, PA 1711 0 . Phone: (717) 545.2200 . Fax: (717) 652.5673 www.homeinhand.com Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Page two of three Exterior: Right Side: Remove storm door Install new full light storm door. (Allowance $300.00) Install single door w/stain grade jamb & casing. (Allowance $600.00) Install door hardware. (Allowance $125) Clean, prime & paint two window trim. Stain & polyurethane french door. Clean, Prime and paint 168 SF T -III wall panel Clean, Prime and paint door trim. Exterior: Front: Remove 14LF soffit & fascia. Install14LF soffit & fascia. Remove 6 pair vinyl shutlers. Install 8 pair vinyl shutlers. Remove l4LF molding. Install 14LF 1x4trim molding. Prime & paint l4Lf molding. Install 104 SF T -Ill wall panel. Prime and paint 104 SF T -Ill wall panel. Prime & paihttwo window & one door trim. Family Room: Interior Front Walll3x8 Remove & reinstall baseboard heat. Temporarily support exterior wall. Remove temporary emergency work framing. Remove temporary emergency work insulation Install new 104 SF 2x4 16 OC framing with two window openings. Install 104 Sf R-13 kraft faced insulation. Install two high-grade double hung vinyl windows. (Allowance $30Ci.00ea) Family RoomlKitchen wall. 2519 Remove & reinstall two sections of baseboard heat. Remove 25LF base trim. Remove ';''' 184 SF plywood Family rOom side. Remove 258 SF painted wall panel, Kitchen side. Remove 516 SF drywall (Both sides) Remove & reinstall 4 outlets & switch. Install temporary support to replace header. Install 23 LF 2x I 0 header and framing. Install four square structural columns. Install 23Lf 3-4'knee wall. Install I x6" sill on 23 LF knee wall. Prime & paint sill. Prime & paint four structural columns. Prime & paint 230 Sf drywall. Install passage way case & trim both sides. Install 25Lf base trim. Prime & paint passage way case & trim both sides. Install 230 Sf drywall. (Both sides) . , Page two of three Where JOu Tum When You Need To Trust Your Home In Someoni' Elses Hands. HOME IN HAND 109 Fawn Court a Harrisburg, PA 17110 a Phone; (717) 545-2200 a Fax: (717) 652-5673 www.homeinhand.com Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Family Room 2511318 Remove 4x8 section of drywall ceiling at center of room. (Ceiling has aluminum soffit above drywall.) Repair two areas of drywall ceiling. (Remove 64Sf drywall. install nail"",. finish drywall) Remove 72Lf base trim Install 72Lf base trim Prime & paint 72LF base trim. Prime & paint 299SFceiling Prime & paint 576SF walls. Prime & paint 6 window & three door trim. Remove carpet & pad Install carpet & pad. (Allowance $22/SYD) Remove & reinstall ceiling fan. Page three of three Kitchen/Living Room & Hall & Hall Area: 25x I 7x I 0 Remove & reinstall light fixture. Remove & reinstall four recessed light fixtures. Remove & reinstall track light Protect contents and unaffected Structure. Includes 552 SF carpet pad. Remove 561 SF Drywall ceiling. Remove 561 Sf R-30 ceiling insulation. InSlalltemporary rafter support, two sections, and one on each side. Retrofit rafters per engineering report. * Remove 10LF of bulkhead. Remove painted wall panel from bulkhead. Remove drywall from bulkhead. Move Lally column. Screw jack rafter numbers 1-8 both sides, to level roof line, reinstall shoring to fit Remove temporary support. Install 51 SF wall panel on bulkhead. Install 51 SF drywall on bulkhead. Sand, prime & paint 5 I SF wall panel on bulkhead. Install 561 Sf Drywall ceiling. Install 561 SF R-II ceiling insulation. (Insulation size is not yet detennined) Install 561 SF ceiling texture Prime & paint 609 SF ceiling. Prime & paint 1054 SF walls. Prime & paint 121 LF base trim. Prime & p~ & nine d",\ trim. ~. /0' . \ $41,385.00 contra~o/"~......_"~ ~./9-I(!)Y , _"/ Owner Offset: 3" 12x8 Offset: 3x 16x8 . " I I Owner I I Where You Tum When You Need To Trust Your Home In Someone Elsu Hands. HOME IN HAND 109 Fawn Court a Harrisburg,PA 17110 a Phone: (717)545.2200 a Fax: (717)652.5673 www.homeinhand.com EXHIBIT "E" ~'-;- :1 HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded BID I HOME.IN.HAND HOME MAINTENANCE AND REPAIRS THIS AGRS'EMENT. made this 1 'If ~ h day of M ........ ' 200';: by and between t~uR-\- J.. fJ....., \,-;tt-.c l)~\c\~......l ~~~\rl. :ntreinaftercalled-Owner., and RANDY DUNCAN, tla HOME-iN-HAND HOME MAINTENANCE AND REPAIRS, of 109 Fawn Court, Harrisburg, Pennsylvania 17110, hereinafter called .Contractor". Contractor and the Owner, in consideration of mutual promises h~re:i.n made, agree as follows: I. Scope of Work: Contractor submits the following specifications (see attached work order form) and shall furnish aU materials not provided by Owner, unless specified, i!nd perform all labor as it pertains to the work, maintenance. and repairs to be performed l:ln the property at7q:?_ --;::,;~;~,..~~ '--.,;~~;: c..7o....~~ Gi~^"\,',) ~-~ll\ P;'...,. l7c.i \ . , . II. Contract Price: Contractor proposes to fumish materials and labor in accordance with the above specifications for a total estimate of $ . Material pricl~s are subject to change without notice. This Agreement may be withdrawn by Contractor if not accepted within thirty (30) days. The commencement of work shall be at the discretion of the Contractor for contrclcts executed by Owner and received by Contractor more than thirty (30) days after the date written abovu and the time to commence work as set forth i~ Section IV below shall not be applicable. III. Payment: Payment is to be made by Owner to Contractor as follows: $ r) '9 t:'JrJ . ~~ Down Payment $ fO. 0 C) 0 ("')0... Upon Commencement of Job_p..t::: ~.!J<:I_N~':'II-\"'N-(.-:1 ~.~_ ,/ :? \ I , $ l() r; C ("'j D~ Draw #1 on __, k U (..~.("'l'-~ !< L:JC"; f-. $ Y () 0 <9 oCt:) Draw #2 on "" -t-k. ! u.~a l ,-",,,,~ '- $ 2.' ,r:,(") 0 = Balance Upon Completion. . IV. Time for Completion: The work to be performed under t~is Agreement shall begin on or about 30.120 days after receipt of an accepted agreement, and the Contractor shall continue to proceed with such work until completed, without delay. Allowance shall be made for any adverse weather conditions, changes, change orders, alterations. unavailability of materials or extras which may prohibit Contractor from performing services; such time lost shall be added to any time originally estimated or agreed upon for completion of the services to be provided by Contractor, Due to the nature of the work, where no comple- tion date is specified, no verbal agreements as to completion are binding upon Contractor. v. Additional Terms and Conditions: Owner and Contractor agree to and accept all g~meral terms and conditions on the reverse side of and attached to this Agreement, and the Contractor is authorized to begin work by Owner. OWNER IN WITNESS WHEREOF, the parties have executed this Agreement the day C1nd year written above, intendin.9 Ja...b.e.. ~ega~y,?~t?nd; / / /' i . ~~ /..!./ ( .c- / -r _ / /:.:--..--,.;.'- ~'"- Date .~ I I I t..7 :'~~ 1/ / ,/,,/L4Y "Date r.::/7..f,1C./ ~/..v;/..'" I- <:- ./ ,/ . / /._/... ,./.. I,: l ( !, {I{'_I.. i( Ii /,'t /..' Date r- ~ .,/ /-').../ ;' '---' ~/ / ......- / <!'".. ",. .. OWNER".- /, ; 109 Fawn Court Giving you the time 10 do what:S really important. ~ Harrisburg. PA 17110 alii: (717) 545-2200 alii: (717) 73D-7800 alii: Fax: (717) 652-5673 VI. G,n..~.1 ~.rms and Conditions: ,. Contractor shall oomplete all WOf1l. in a goocland worxmanlike mamer. Matenals fumished by ContractOr shall be of good and commerciaUy reasonable quality. Materials furnished by Contradof are 10 be new unless speCified otherwise by Owner. and If exad Items as se'llorlh in the Scope of Work. or spedfi(;alions of Owner cannot be obtained or provided. Contractor ShIll have the nght to substiMe reasonable compa,.able items. All materials used wW be Jlandard stock materials. unless otherwise specified. and will match existing materials within reasonable tolerance as to color. texture, deSign quality, etc:. COfltrador, however. is not responsible or liable for, nor provides any warranty for, any materials spec~fically provided by Owner to Contractor for use by Contractor. 2. Payment: Payments are to be made by Owner according 10 the agreed aforementioned schedule. Payments not receivecl on seheclule will result in wonr. stoppage. Work will resume uPOn receipt of payment and an opening Conb'ac:lor's SChedule. Late payments of any amQimt set forth In Section Ill. shall be IUbjec:t to alale fee of 5-;.. Owner agrees to pay inlerest on delinquent payments to accrue al the rile of One and I::>ne-hall (1 112-;.) percent per month therelfter. Owner agrees 10 pay inleresl on delinquent payments to accrue at the rate of one and one.hatf percent (1 112%) per month, accn.llng after completion of work or termlnalion of project, wtliChever shallllrst occur. 3. All CIlange orders shall be in Miting and Signed by both Owner and Conltador. My alterations ordevllltlons from !he abov,! specifications inVOlving extra costs will be executed only upon written chlInge order between Owner and Contractor and will become an extra chargl, over and above !he contract price, due and payable upon execution of the Change Order, 4. Special or custom order male rials provided by Contractor shall be deemed non...etumable by Owner and the cost thereor non-refundable in any event, induding. but not limited to, canceUation orlermination of this Agreement. Owner agrees to pay Contractor. in advance upon requesl of Contractor, the cost of special or custom order malerials to be provided by Contractor. 5, My canceRation. resdleduling. terminaUon or worIt and services of Contrador, wor1l; stoppage requested of Contractor by Owneror change order after commencement of this Agreement shall be made by Owner. providing no tllS than torty-elght (48) hours priOt written notice of auch requesl to Contractor. Owner agrees 10 pay as an extra fae in addition to the c:onlract price !he lime losl by Contractor al the rate of up to $300 per day 10 be determned by Contractor, tor each parson Scheduled to provide work and services pursuantto this Agreement If notice Is, notllmely provided by Owner to Contractor. In the event that paymenl is not received limeIy by Contractor IS requtred by this Agreement, or any wor1( stoppage results due 10 any I'IOI'IopI)Iment or default to perform under lIla terms ofthi, Agreemenl by Owner, Owner agrees to pay IS an extra and additional charge 10 the contract pnce, the time lost Conlractor at a rate of up to $300 per day to be determined by Contractor for each pe~n scheduled to provide WOf1l. and "Nices. 6, Contractor warrants that he is adequately Insured tor injuries to his employees. Contractor shall be considered an indep~tndenl contractor with respect to that part of the work he has undertaken to perform. 7. Owner shall be responsible for the removal' of all debris, unless olharwlse specified, 8. Contractorshall nol be liable for any losses nor for any delay due to circumstances beyond his c:ontrot, including slrikes, Indemenl weather, acts of God, casualty, general unavailability of materials or stoppage of wort( by public authority not due to any fault of the ContractOf~ 9. All malerials delivered upon and provided to the premises by Contractor shall remain In the property olthe Conlractoruntll Incorporated into the premises and the Contractor receives payment. All tools and eQuipmenl fumished by Contraclorshall be deemed to be and remain the property ofthe Contractor or any subcontractors employed by him. 10. II stwIl be the responsibility of the Owner to arrange for and secure, It Owner's cost, if any, all require<l permits, fees Of ~censes, unless expressly apecIftad otherwise wllhIn Contractor', Scope of Worit or Change Order. 11, All repairs, replacements or additions authorized and provided herein relate to !he spedficaUons of the scope of worl( appondeclto this Agreement or as sel for'th in ArtiCle I hereof and do nol cover pre-existing deficienCIes, hidden. unknown or unforeseen COnditions, unless s;peciftcally stated. Contractor is not responsible or liable for pre-existing deficiencies, for material, labor or other services provided by Owner or any Individuals other than the ContrIlctor. The complellon of work by Contractor is not to be deemed an acceptance by the Contractor of any such woril., materials or services ptOVided by the Owner or contractor(s) or suboontractor(s) of Owner. For purposes of this agreement, Owner is deemed to have fully accepted all labor, materials and services provided by anyWOl1tman. oontradOl'(s) or subcontractor(s) other than Contractor hereunder or his employees, as well as !he condition of the premises on the dale of the commencement of services by Contrador hereunder. 12. All painting of exisling services is estimated to retum the existing paint surfaces to U1e same color. My changes in color or i,n type of material will be done It exb1l cost to the Owner. 13, ConcrIdormaydiSplayon the premises a temporary advertising sign Identifying Contractor, while work Is in progress, subject to applicable govemmen- tal regulations. 14. The c:ontract price is based upon the completion of the worx duling normal wcll1dng hours, and the Owner agrees to pro~jde access to the JOb slle and premises at all times IS required for complellon of the wor1t by Contractor. Owner's telephone and uUtllles are to be made available to Contractor's parsonneI during the course of work, Access Instructions to the premises by Owner are as follows: . Owner agrees to paysuc:h additional charges at Contractor's customary rate of up to $300.00/day per person for time lost to Contractor during normal worklng hours for Owner's failure to provide acc::ess to the premises, ptOper WOI1l; directions and Instructions, required maleriels or Owner's failure to complete Its~", WOl1t, if any, 15, Contractor Is not responsible for the removal, security or storage of any personal or other property of the Owner on Ihe premises or JOb site area, including but notlinVted to, then. disappearance ofor damage to such items unless Specifically agreed otherwise, Owner 15 responsible forthe removal, security and storage of all personal and other property from the job site and affecte<l work areas unless specificall~' agreed other wis. with the Contractor. 16. In the event of default by Owner or II becomes necesS8l)' for Contractor to turn this matler over to a collection agen<:)' or service or Contractor's attorneys lor collection and/or enforcemenl of the terms and conditions of this Agreement, Owner agrees to pay allllees, costs and expenses of COllection including, but not Hmiled 10, collection agency fees, reasonable attorneys' fees, court costs and expenses. as lire Incurred by Contractor for such COllection or enforcement. 17. Contractor has no responsibility for any additional work or services performed under any agreement between the property Owner and the workmen. tradesmen or subcontractors of the Contractor. 18. NO WARRANTIES EXPRESS OR IMPLIED, ARE BEING PROVIDED, EXCEPT AS PROVIDED OTHERWISE SPECIFICALLY HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED AND DO NOT APPLY, INCLUDING, BlIT NOT LIMITED TO, my WARRANTY OF MERCHANTABILIlY, FITNESS FOR ANY PARTiCULAR PURPOSE AND HABITABILITY. 19. Any right of action or defense arising out of the transaction which gave rise 10 this contract which OWner has agalnsl Contractor shall be cut off by assigrvnent of this contract 10 any third person If the assignee gives notice of the assignment to Owner as provided In Sectlon 208 of the Home Improvement Finance Act of Pennsylvania and within fifteen (15) days of the mailing of such noirce receives no written notice of the facts giving rise to the dalm or defense of the Owner. 20. In the eventlhis Agreement is deemed to be a consumer credit contract, the follOwing NoUce is provided. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSE WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS AND SERVICeS OBTAINED BY THE DEBTOR SHALL NOT EXCEED THE AMOUNT PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) 00 NOT SIGN THIS CONTRACT BEFORE YOU READ IT. (2) YOU ARE ENTITLED Tel A COMPLETELY FILLED- IN COPY OF THIS CONTRACT. (3) UNDER THE LAW. YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND, UNDER CERTAIN CONDITIONS, TO OBTAIN A PARTIAL REFUND OF FINANce CHARGES. (4) YOU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY Fot.LOWlNG THE DATE HEREOF BY GMNG WRITTEN NonCE OF RESCISSION TO THE CONTRACTOR AT HIS PLACE OF BUSINESS GIVEN IN THE CONTRACT, BUT IF YOU RESCIND AFTER MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING, YOU ARE STIU ENTITLED TO OFFER DEFENSES IN MITIGATION OF DAMAGI::S AND TO PURSUE ANY RIGHTS OF ACTION OR DEFENSES THAT ARISE OUT OF THE TRANSACTION. Initial '" VERIFICATION Paulette Underkofler, deposes and says, subjec11to the penalties of 18 Pa. c.s. g4904 relating to unsworn falsification to aU1horities, that she makes this verification by its authority and that the facts set forth in the Complaint aJre true and correct to the best of 5' Date her knowledge, information and belief. VERIFICATION Kurt Underkofler, deposes and says, subject to 1he penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that he makes this verifica1ion by its authority and that the facts set forth in the Complaint are true and correct to the bes1 of his knowledge, information and belief. 5//7~r- Date / / CERTIFICATE OF SERVICE AND NOW, this~tay 0 , 200Y, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harris burg, PAL 7108-1146 ~ (" r-,,~:t <::c~ (,,'-.:I -"" c. r:: ..(f'.:~ ,.,). , o -01 r<) --1 :1.4"'\ 1'1f'::: ..,..,rn :.,0 (),(L) . '...:;..~ :;..- \~, ~~ I j' .., r::J G) ::J. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matler for 1he next Argumen1 Court. CAPTION OF CASE: (entire caption must be stated in full) PAULETTE UNDERKOFLER and KURT fiN THE COUR:T OF COMMON PLEAS UNDERKOFLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. FARMINGTON CASUALTY COMPANY, Defendants CIVIL ACTION - LAW NO. 04-2116 JURY TRIAL I)EMANDED 1. Stale matler to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PA 17108-1146 233-5731 (b) for defendant: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP POB 999 Harrisburg, PA 17108-0999 255-7626 3. argument. I will notify all parties in wri1ing within two days that this case has been listed for 4. Argument Court Date: July 28, 2004 Dated: June 22. 2004 Atlomey for Defendanrv ~ , ".-----.. --. CERTIFICATE OF SERVICE AND NOW, th;,,;unt,!yot 9//1(.( ,2oo1.'i, Co~," M. Po1,k, of the law firm of Thomas, Thomas & Rafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12'h Floor POB 1146 Harrisburg, PA 17108-1146 233-5731 Coleen M. Polek 0 .....' 0 = C C:::l -n .r- <. -1 ,- T c-: ri" r -;J in ~ ' C} .~ :.~~) .. L-J "--", C} - ~:J ,. -""!) ) , --,... " ;'."1 d , r:-.? -.-j t.' ~. ", Timothy J. Nieman, Esquire Attorney J.D. No. 66024 James J. Jarecki, Esquire Attorney J.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLERand KURT UNDERKOFLER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-21 16 Civil FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE ANntOR FOR DEMURRER NOW COME Plaintiffs Paulette and Kurt UnderkofIer, by and 1hrough their attorneys, Rhoads & Sinon LLP, and files this Response to Defendants' Preliminary Objections in the Nature of a Motion to Strike and/or for Demurrer, stating as follows: 1-4. Admitted. 5. The averment of this paragraph is a legal conclusion to which no response is required. In the event and to the extent this averment is deemed not a legal conclusion, same is denied. 6. Admitted. 523200.1 7. The avennent of this paragraph is a legal conclusion to which no response is required. In the event and to the ex1ent this averment is deemed not a legal conclusion, same is denied. 8. The avennent of this paragraph is a legal conclusion to which no response is required. In the event and to the ex1ent this avennent is deemed not a legal conclusion, same is denied. 9. The avennent of this paragraph is a legal conclusion to which no response is required. In the event and to the extent this avennent is deemtld not a legal conclusion, same is denied. 10. Denied. To the contrary, the tenns and/or conditions for the homeowner's insurance policy clearly read that either party "may demand an appraisal." (Homeowners Policv Booklet from Travelers, -US-Appraisal, p. 13, attached to Plaintiiff's Complaint as "Exhibi1 A".) There is no language in the contract which mandates Plaintiff seek an appraisal prior to filing a cause of action in a court. WHEREFORE, Plaintiffs Paulette Underkofler and Kurt Underkofler respectfully request Defendant's Preliminary Objection be overruled and Defendant be required to file an Answer to Plaintiff's Complaint within twenty days of such ruling. - 2 - Respectfully submitted, RHOADS & SINON LLP By J~~I~ One South Market Square P. O. Box 1146 Harrisburg, P A 171 08-1146 (717) 233..5731 Attorneys for Plaintiff - 3 - CERTIFICATE OF SERVICE vA I hereby certifY that on July l, 2004, a true and conect copy of the foregoing document was served by means of regular United States mail, first class, postage prepaid, upon the following: Brooks R. Foland, Esq. Thomas, Thomas & Hafer LLP 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneysfor Defendant Farmington Casualty Co. u~~ 1.1 . JliM{J () Cynthia 1. uc 0 ~:? .c.;.-." <';" c~ ,- ~J -, r-> = = ....- L, c.~ r-- I CO o -n ---I ~t: 1'1 h'l'::::: rn :gO '+7, ''"_L-11 C..Je; ?rn ~~1 ~tJ '< -0 :.;;: "'- -' PAULETTE UNDERKOFLER and KURT UNDERKOFLER, IN THE couln OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW NO. 04-2116 v. FARMINGTON CASUALTY COMPANY, JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE A SUIBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE ~I009.21 Defendant intends to serve a subpoena iden1ical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which Ito file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~'1 bsf By: 1 i_ OaKS R. FOLAND, E~ Attorney LD. No. 70102 Attorneys for Defendant :174632.1 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, Plaintiffs v. FARMINGTON CASUALTY COMPANY, Defendants IN THE COUFtT OF COMMON PLEAS CUMBERLA~ID COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2116 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PA 17108-1146 Date: August 13, 2004 :174632.1 Thomas, Thomas & Hafer, LLP by ~(~ Barbara Onorato, Legal Assistant 2 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 04-2116 FARMINGTON CASUALTY COMPANY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Progressive Insurance Company Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or 1hings: Complete copies of anv and all claim records. applications for benefits, loss reports. sta1ements. pho10graphs. writings, correspondence, etc. for Progressive Insured Jonathan Shoop. dale of/oss: 11/20/03, claim no: 031853850 at: Thomas, Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request a1 the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, 1he party serving this subpoena may seek a court order compelling you to comply wi1h it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THJE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, P A 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 0 ....., C;:) ~:~ c.::> J-- ,.. r-- G') C-\ '. :S~ c' -",",. ( C') "':.::1 c> -'J -, '-'> PAULETTE UNDERKOFLER and KURT UNDERKOFLER, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FARMINGTON CASUALTY COMPANY,: DEFENDANT : 04-2116 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY. J. AND HESS. J. AND NOW, this ORDER OF COURT ---vI day of August, 2004, IT IS ORDERED: (1) The preliminary objection of plaintiffs to the demand for a jury trial on count II of plaintiffs' complaint in bad faith, IS GRANTED. The demand for a jury trial on the count in bad faith, IS STRICKEN.1 (2) The preliminary objection in the form of a demurrer to count III of plaintiffs' complaint under the Unfair Trade Practices and Consumer Protection Law, IS DENIED.2 ~O"rt Edgar B. Bayley, J. / I Mishoe v. Erie Insurance Company, 824 A.2d 1153 (Pa. 2003). 2 See Smith v. Nationwide Mutual Fire Insurance Company, 935 F. Supp. 616 (W.O. Pa. 1996); Tarasco v. Pacific Indem. Co., 870 F.. Supp. 644 (E.D. Pa. 1994). .,::t' (1") 'c::> c,~: t::,:;' C,:.:;'" '''' James J. Jarecki, Esquire For Plaintiffs Brooks R. Foland, Esquire For Defendant :sal Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2116 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, v. FARMINGTON CASUALTY COMPANY, JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.2.! As a prerequisite to service of subpoenas for documents and things pursuant 10 Rule 4009.22, Defendant certifies that: 1. A Notice of In1ent 10 Serve a Subpoena upon Progressive Insurance Company for 1he records of Jonathan Shoop was served on each party on or about August 16, 2004; 2. Certificate; A copy of the Notice of Inten1, including the proposed subpoena, is attached 10 this 3. Counsel for the Plaintiff. Timothy Nieman, Esquin~, has waived the 20-day rule. 5. The subpoena to be served are identical 10 the subpoena attached 10 1he Notice of Intent. Respectfully submitted, Dale: AUG ;'rc 20nlj THOMAS, THOMAS & HAFER, LLP /7--- ----- Brooks R. Foland, Esquire Attorney 1.0. # 70102 :174632.1 Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAN[) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2116 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, v. FARMINGTON CASUALTY COMPANY, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square 1 ih Floor POB 1146 Harrisburg, PA 17108-1146 Thomas, Thomas & Hafer, LLP by tAUG 2 j: _ Date: August 24, 2004 AI/uLa~ ,cflMtAk Barbara Onorato, Legal Assistant :174632.1 2 Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW NO. 04-2116 JURY TRIAL DIEMANDED PAULETTE UNDERKOFLER and KURT UNDERKOFLER, v. FARMINGTON CASUALTY COMPANY, Defendants NOTICE OF INTENT TO SERVE A SUBPOENA rOPRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP vii'Ll bt/- ~ By: 1 i - OOKS R. FOU~, E~ Attorney LD. No. 70102 Attorneys for Defendant n ~~ ,...~,) c.:::~ c::;::. o --11 ::;l f{-i:;1] T,h, tl~~t: --,.. ('0"_; :~_ '.- ( ) ~i;rn ::'n :r.-;~ l.= G) 0'. :<? -'.," C'.) C) ..D ........ :174632.1 Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW NO. 04.2116 JURY TRIAL D'EMANDED PAULETTE UNDERKOFLER and KURT UNDERKOFLER, v, FARMINGTON CASUALTY COMPANY, Defendants CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PA 17108-1146 Thomas, Thomas & Hafer, LLP by ~:~ Barbara Onorato,. Legal Assistant Date: August 13, 2004 :174632.1 2 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 04-2116 FARMINGTON CASUALTY COMPANY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Plaintiffs TO: Custodian of Records, Progressive Insurance Company Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all claim records, aplllications for benefits, loss reports, statements, photol!faphs, writings. correspondence. e1c. for Prol!fessive Insmed Jonathan ShOOD. date ofloss: 11/20/03. claim no: 031853850 at: Thomas. Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, 10 the party making this request at the address listed above. You have the right to seek in advance, thf: reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 0 ....., = ~ c: = <'" .r- dJITi ,.. :C-n IT! c: *;:J:l c;> rnfT1 .-(" ", :8r ~~?: 0' 00 ~lJ ~-r, ~o -0 <;!:!J ~{:) ::r:: ~ t.:: S ~ s:- ~ w Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2116 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, v. FARMINGTON CASUALTY COMPANY, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER AND NOW, comes Defendant Farmington Casualty Company, by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter: 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Denied as stated. Defendant Farmington Casualty Company is an insurance company with an office located at One Tower Square, Hartford, Connecticut. Any and all other allegations contained in paragraph 3 are specifically denied and strict proof thereof is demanded at time of trial. 4. Denied as stated. It is admitted only that Defendant issued to PaulettD Underkoffler a homeowner's insurance policy effective May 21, 2003 to May 21,2004 under policy number 945721010633 1. Any and all other allegations contained in paragraph 4 are specifically denied and strict proof thereof is demanded at time of trial. 5. Denied. The terms and/or conditions of the homeowner's insurance policy speak for themselves and any attempted characterization of said terms and/or conditions are specifically denied. 6. Admitted based upon information and belief. 7. Admitted based upon information and belief. 8. Admitted. 9. Admitted. 10. Denied as stated. The homeowner's insurance policy provides that, "we insure against risk of direct physical loss to property described in coverages A and S." It is admitted that the address listed on the declaration sheet of the homeowner's policy is Plaintiffs' residence premises as defined by the policy. Any and all other allegations contained in paragraph 10 are specifically denied and strict proof thereof is demanded at time of trial. 11. Admitted in part and denied in part. It is admitted only that on or about November 20, 2003, an operator of a motor vehicle crashed into the front of Plaintiffs' home. Defendant is without information or belief as to the truth of the averments of paragraph 11 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 12. Denied as stated. It is admitted only that Plaintiffs' home suffered damage as a result of the motor vehicle striking Plaintiffs' home on or about November 20,2003. Any and all other allegations contained in paragraph 12 are specifically denied and strict proof thereof is demanded at time of trial. 2 13. Denied as stated. It is admitted only that Plaintiffs promptly reported the incident to Defendant. Any and all other allegations contained in paragraph 13 are specifically denied and strict proof thereof is demanded at time of trial. 14. Denied. Defendant is without information or belief as to the truth of the averments of paragraph 14 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 15. [improperly numbered 14] Denied as stated. It is admitted that representatives and a duly appointed professional engineer have inspected Plaintiffs' home several times following the November 20, 2003 incident. It is specifically denied that Defendant has failed and refused to reimburse or compensate Plaintiffs for the damages caused to their home as a result of the incident involving the motor vehicle on November 20, 2003. Any and all other allegations contained in paragraph 15 [improperly numbered 14] are specifically denied and strict proof thereof is demanded at time of trial. 16. [improperly numbered 15] Denied as stated. It is admitted only that Defendant provided to Plaintiffs an estimate for repairs on or about March 19,2004. Any and all other allegations contained in paragraph 16 [improperly numbered 15] are specifically denied and strict proof thereof is demanded at time oftrial. 17. [improperly numbered 16] Denied as stated. It is admitted only that Plaintiffs provided to Defendant an estimate for repairs prepared by Home- in-Hand in the amount of $41 ,385, but only after providing to Defendant an 3 estimate from Jackson Enterprises in the amount of $22,145. Any and all other allegations contained in paragraph 17 [improperly numbered 16] are specifically denied and strict proof thereof is demanded at time of trial. 18. [improperly numbered 17] Denied as stated. It is admitted only that Plaintiffs' counsel sent a letter to Defendant dated May 3, 2004, asking that Defendant honor the estimate provided by Home-in-Hand. Any and all other allegations contained in paragraph 18 [improperly numbered 17] are specifically denied and strict proof thereof is demanded at time of trial. 19. [improperly numbered 18] Denied. Defendant is without information or belief as to the truth of the averments of paragraph 19 [improperly numbered 18] of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. COUNT I BREACH OF CONTRACT 20. [improperly numbered 19] Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 21. [improperly numbered 20] Denied. The terms and/or conditions of Plaintiffs' homeowner's insurance policy speak for themselves and any attempted characterization of said terms and/or conditions are specifically denied. 22. [improperly numbered 21] Denied. It is specifically denied that Defendant has refused to pay to Plaintiffs all amount of damages incurred to their home as a result of the collision by the motor vehicle accident on or about 4 November 20, 2003. Any and all other allegations contained in paragraph 22 [improperly numbered 21] are specifically denied and strict proof thereof is demanded at time of trial. 23. [improperly numbered 22] Denied. The allegations contained in paragraph 23 [improperly numbered 22] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHERFORE, Defendant Farmington Casualty Company respectfully requests that judgment be entered in its favor and against Plaintiffs Paulette and Kurt Underkofler. COUNT II BAD FAITH 24. [improperly numbered 23] Defendant inc'orporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 25. [improperly numbered 24] Denied. The allegations contained in paragraph 25 [improperly numbered 24] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 26. [improperly numbered 25] Denied. It is specifically denied that Defendant failed or refused to pay for any damages directly related to or caused by the collision by the motor vehicle on or about November 20, 2003, to the Plaintiffs' home. Any and all other allegations contained in paragraph 26 5 [improperly numbered 25] are specifically denied and strict proof thereof is demanded at time of trial. 27. [improperly numbered 26] Denied. The allegations contained in paragraph 27 [improperly numbered 26] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 28. [improperly numbered 27] Denied. The allegations contained in paragraph 28 [improperly numbered 27] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 29. [improperly numbered 28] Denied. The allegations contained in paragraph 29 [improperly numbered 28] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 30. [improperly numbered 29] Denied. The allegations contained in paragraph 30 [improperly numbered 29] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 31. [improperly numbered 30] Denied. The allegations contained in paragraph 31 [improperly numbered 30] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 6 WHERFORE, Defendant Farmington Casualty Company respectfully requests that judgment be entered in its favor and against Plaintiffs Paulette and Kurt Underkofler. COUNT IV UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT 32. [improperly numbered 31] Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 33. [improperly numbered 32] Denied. Defendant is without information or belief as to the truth of the averments of paragraph 33 [improperly numbered 32] of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 34. [improperly numbered 33] Denied as stated. It is admitted only that Defendant's representative advised or informed Plaintiffs that they could choose and retain any contractor they wished to perform the work that is required to repair damages as a direct result of or caused by the collision of the motor vehicle with their home on or about November 20, 2003. Any and all other allegations contained in paragraph 34 [improperly numbered 33] are specifically denied and strict proof thereof is demanded at time of trial. 35. [improperly numbered 34] Denied. The allegations contained in paragraph 35 [improperly numbered 34] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 7 36. [improperly numbered 35] Denied. The allegations contained in paragraph 36 [improperly numbered 35] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 37. [improperly numbered 36] Denied. The allegations contained in paragraph 37 [improperly numbered 36] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 38. [improperly numbered 37] Denied. The allegations contained in paragraph 38 [improperly numbered 37] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to PaRC.P. 1029(e). WHERFORE, Defendant Farmington Casualty Company respectfully requests that judgment be entered in its favor and against Plaintiffs Paulette and Kurt Underkofler. COUNT IV DECLARATORY JUDGMENT 39. [improperly numbered 38] Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 40. [improperly numbered 39] Denied. The allegations contained in paragraph 40 [improperly numbered 39] are conclusions of law to which no 8 response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 41. [improperly numbered 40] Denied. The allegations contained in paragraph 41 [improperly numbered 40] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 42. [improperly numbered 41] Denied. The allegations contained in paragraph 42 [improperly numbered 41] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 43. [improperly numbered 42] Denied. The allegations contained in paragraph 43 [improperly numbered 42] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 44. [improperly numbered 43] Denied. The allegations contained in paragraph 44 [improperly numbered 43] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 45. [improperly numbered 44] Denied. The allegations contained in paragraph 45 [improperly numbered 44] are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 9 WHERFORE, Defendant Farmington Casualty Company respectfully requests that judgment be entered in its favor and against Plaintiffs Paulette and Kurt Underkofler. NEW MATTER 46. Defendant specifically and unequivocally denies any of the allegations contained in Plaintiffs' Complaint, which allegations are not specifically admitted in this Answer. 47. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 48. Plaintiffs fail to state a claim pursuant to 42 Pa.C.SA 98371 and such claim must be dismissed. 49. Plaintiffs failed to comply with all terms and/or conditions of their homeowner's insurance policy issued to them. 50. Defendant had a reasonable basis for the actions that it took with respect to Plaintiffs' homeowner's insurance claim. 51. Defendant has at all times material hereto acted in good faith and in compliance with the terms, conditions and provisions of the insurance policy issued to Plaintiffs. 52. Plaintiffs are not entitled to recover interest, court costs, attorneys fees, punitive damages or any other damages. 53. Defendant acted with due diligence and in good faith at all times with respect to the handling of Plaintiffs' claim. 10 54. The decisions made by Defendant were based upon its reasonable interpretation of the insurance contract and any and all applicable law. Accordingly, Defendant cannot be liable to Plaintiffs in this case. 55. Defendant did not act in bad faith and Plaintiffs cannot prove by clear and convincing evidence that Defendant's conduct amounted to bad faith. 56. The conduct of Defendant in this matter does not rise to the level of willful misconduct and accordingly, no award of punitive damages would be proper. 57. Any award of punitive damages under the facts, circumstances and statutes here involved would be an unconstitutional act pursuant to the Pennsylvania and United States Constitutions. 58. The claims of Plaintiffs are barred by the doctrines of estoppel and/or waiver or unclean hands. 59. Plaintiffs' claims may be diminished and/or barred by the terms and/or conditions of the applicable insurance policy. 60. Defendant acted in reasonable and appropriate manner under the circumstances of Plaintiffs' claim. 61. 42 Pa.C.S.A. S 8371 is unconstitutional. 11 WHERFORE, Defendant Farmington Casualty Company respectfully requests that judgment be entered in its favor and against Plaintiffs Paulette and Kurt Underkofler. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by ~~~) ~ 1.0. No. 70102 ~// 305 North Front StfCCt, 6th Flnnr POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Defendant Farmington Casualty Company 12 VERIFICATION I, Gloria Allsebrook, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. S 4904. ~ Q..QJ~'_e ~ f< for Farmington Casualty Company CERTIFICATE OF SERVICE AND NOW, this I s-r:y of ~ooir. Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12'h Floor POB 1146 Harrisburg, PA 17108-1146 ~~7- Coleen M. Polek ,., (") , ....., C) "n :.;-l r: ;n r-;l ,...., ;( ~ '-~j (~ .jr"n ., .~ -- .:-', -oJ i'-,) -j c.) .-'] .-< .,.; CERTIFICATE OF SERVICE AND NOW, this I s-':y of ~.../2.00'tr. Coleen M. Polek, of the law firm of Thomas, Th{mas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12'h Floor POB 1146 Harrisburg, PA 17108-1146 ~..7-- Coleen M. Polek Timothy J. Nieman, Esquire Attorney J.D. No. 66024 James J. Jarecki, Esquire Attorney J.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs i IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA v. , I I CNIL ACTION - LAW ! NO. 04-2116 Civil FARMINGTON CASUALTY COMPANY JORY TRIAL DEMANDED Defendant PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER NOW COME Plaintiffs, Paulette and Kurt Underkofler, by and through 1heir attorneys, Rhoads & Sinon LLP, and file 1his Response 10 Defendant's New Matter, stating as follows: 46. Plaintiff incorporate herein by reference the allegations contained in their Complaint. 47. The avennen1s of this paragraph are legal conclusions to which a response is not required. In 1he event and to the extent said avennents are not deemed legal conclusions, the avennents of this paragraph are expressly denied for the reasons outlined in Plaintiffs' Complaint. 48. The avennents of 1his paragraph are legal conclusions to which a response is not required. In the event and to the extent said avermen1s are not deemed legal conclusions, 1he avennents of this paragraph are expressly denied for the reasons outlined in Plaintiffs' Complaint. 535790.1 49. The avermen1s of \his paragraph are legal conclusions to which a response is no1 required. In 1he even1 and to \he extent said averments are no1 deemed legal conclusions, 1he averments of this paragraph are expressly denied for the reasons ou11ined in Plain1iffs' Complaint. 50. The averments of 1his paragraph are legal cone1usions to which a response is no1 required. In the event and to 1he extent said avermen1s are not deemed legal conclusions, \he avermen1s of this paragraph are expressly denied fOr the reasons outlined in Plaintiffs' Complaint. 51. The averments of \his paragraph are legal conclusions 10 which a response is not required In thc cven1 and to \he extent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons oullined in Plaintiffs' Complaint. 52. The averments of \his paragraph are legal conclusions to which a response is no1 required. In the event and 10 the extent said averments are not deemed legal conclusions, the averments of \his paragraph are expressly denied for the reasons outlined in Plaintiffs' Complaint. 53. The avennents of this paragraph are legal conclusions to which a response is not required. In the event and to \he extent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons oullined in Plaintiffs' Complaint. 54. The averments of 1his paragraph are legal conclusions to which a response is no1 required. In the event and to the extent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons outlined III Plaintiffs' Complaint. 55. The averments of this paragraph are legal conclusions to which a response is not required. In the event and 10 the extent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for 1he reasons outlined in Plaintiffs' Complaint. 56. The averments of 1his paragraph are legal conc:Iusions to which a response is no1 required. In 1he event and to the ex1ent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons oullined in Plaintiffs' Complaint. 57. The averments of this paragraph are legal concllusions 10 which a response is no1 required. In the event and 10 the extent said averments are not deemed legal conclusions, the avermen1s of this paragraph are expressly denied for 1he reasons outlined in Plain1iffs' Complaint. 58. The avermen1s of this paragraph are legal conclusions to which a response is not required. In the event and to the extent said avermen1s are no1 deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons outlined in Plaintiffs' Complaint. 59. The avermen1s of1his paragraph are legal conclusions to which a response is no1 required. In the event and to the ex lent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons outlined in Plaintiffs' Complaint. 60. The avermen1s of this paragraph are legal conclusions to which a response is no1 required. In the even1 and to the extent said averments are no1 deemed legal conclusions, the averments of this paragraph are expressly denied for the reasons outlined in Plain1iffs' Complaint. 61. The averments of1his paragraph are legal condusions 10 which a response is not required. In the event and 10 1he extent said averments are not deemed legal conclusions, the averments of this paragraph are expressly denied for 1he reasons outlined in Plaintiffs' Complaint. WHEREFORE, PlaIntiffs Pal1lett" T Tnderkofler and Kurt Underkofler respectfully request that Judgment be entered in their favor and againsllJefen<l,,'" F:mllington Casualty Company. Respectfully submitted, RHOADS & SINON LLP By: (hlC/.lI. Timothy J. il&man James J. Jarecki One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-:>731 At10rneys for Plain1iff CERTIFICATE OF SERVICE I hereby certifY that on October 12, 2004, a true and COlTect copy of the foregoing document was served by means of regular United States mail, first class, postage prepaid, upon the following: Brooks R. Foland, Esq. Thomas, Thomas & Hafer LLP 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, P A 17108-0999 (Attorneys for Defendant Farmingtoh Casualty Co.) ~~ () C"l C "',1 C") t"") .'~.'; L.' -,.'! (,' -l 0 0', , THOMAS, THOMAS & HAFER, LLP Brooks R. Foland, Esquire 1.0. # 70102 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 (Fax) Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04.2116 PAULETTE UNDERKOFLER and KURT UNDERKOFLER, v. FARMINGTON CASUALTY COMPANY, Defendants JURY TRIAL DEMANDED DEFENDANT FARMINGTON CASUALTY COMPANY'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DISCOVERY 1. The instant cause of action stems from alleged property damages sustained by Plaintiffs on or about November 20, 2003, when a vehicle struck Plaintiffs' home as a result of a motor vehicle accident. 2. On or about May 12, 2004, Plaintiffs, Paulette Underkofler and Kurt Underkofler, instituted this action by Writ of Summons. 3. On June 2, 2004, Plaintiffs filed a Complaint in the Court of Common Pleas of Cumberland County. 4. On or about September 15, 2004, Defendant filed its Answer with New Matter. 5. On or about February 4, 2005, Defendant served Interrogatories and Request for Produc1ion of Documents on Plaintiffs. A copy of the Interrogatories and Request for Production filed by Defendan1 directed to the Plaintiffs is attached hereto as Exhibit "A". 6. On March 7, 2005, a letter was sent to Plaintiffs' Counsel reques1ing responses to the outstanding discovery. A copy of the letter is attached hereto as Exhibit "B". .~ 7. Plaintiffs have failed to respond in any fashion to the Defendant's discovery request. 8. The discovery seeks information regarding the identification of the Plaintiffs' damages, individuals whom Plaintiffs expect to call as expert witnesses at trial, the substance of the facts and opinions to which each expert is expected to testify, and the summary of the grounds for each expert's opinion along with background information concerning Plaintiffs' claim. 9. Pursuant to Pa. R.C.P. 4005. 4006 and 4009. Plaintiffs are required to serve answers or objec1ions to said Defendant's Interrogatories and Request for Production of Documents within thirty (30) days of service. 10. Without knowing the identity, qualifications and opinions of Plaintiffs' expert witnesses, the nature and extent of Plaintiffs' alleged damages, and the general facts surrounding Plain1iffs' claim, moving Defendant is unable to properly prepare the defense of 1his case, 10 evaluate the merits of the Complaint or to otherwise dispose of this case. Thus, Defendant is prejudiced by Plaintiffs' refusal to serve answers to Defendant's outstanding discovery requests. 11. All discovery sought by Defendant through the Interrogatories and Request for Production of Documents are relevant to the instant litigation. 12. The Pennsylvania Rules of Civil Procedure provide for the liberal granting of discovery. 13. Plaintiff has failed to comply with the discovery as mandated by Rules 4005 and 4005 of 1he Pennsylvania Rules of Civil Procedure. Pa.R.C.P. 4005 and 4006. 14. Plaintiffs have had ample time to respond 10 moving Defendant's Request for Production of Documents and Interrogatories. 2 . 4 15. Pa.R.C.P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery." Pa.R.C.P.4019(a)(viii). 16. Consequently, Plaintiffs should be compelled to provide answers to Defendant's outstanding Interrogatories and Request for Production of Documents, including the provision of expert reports in support of their allegations against Defendant or suffer the imposition of sanctions pursuant to Pennsylvania Rules of Civil Procedure 4019. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order requiring Plaintiffs to file complete and responsive Answers to Defendant's Interrogatories and Request for Production of Documents. Defendant further requests that should Plaintiff fail to comply with this Court's Order, that Plaintiff will be subject to sanctions pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure or as this Court deems appropriate. Respectfully submitted, HAFER, LLP Brooks R. Folan 1.0. Nos. 7 2 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Defendan1 3 ~ ~ ;. CERTIFICATION OF COUNSEL After reasonable effort, the parties have been unable to resolve the within discovery dispute. and, Esquire_ . .. CERTIFICATE OF SERVICE AND NOW, this ;)?f~ay of 1[,( {U (jl , , 2005, I, Kate A. Wilhelm. a paralegal, of the law firm of Thomas, Thomas & Hafer, LLP hereby certify that I sent a 1rue and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PA 17108-1146 Date: 3/~3)OS ! I Kate .. (x'\\~~ ~ -~ . ,. PAULETTE UNDERKOFLER and KURT UNDERKOFLER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2116 FARMINGTON CASUALTY COMPANY, JURY TRIAL DEMANDED Defendants DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFFS TO: Paulette and Kurt Underkofler, Plaintiffs Timothy J. Nieman, Esq, Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PA 17108-1146 PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories. within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet DEFINITIONS "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs. microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums. and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -. J. '. (1) A natural person. his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or country); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity ofthe person who made the communication; (e) the identify of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; J. I. (5) Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. STANDARD INSTRUCTIONS (1) Duty to answer. - The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must fumish such information as is available to you, your employees, representatives, agents, and attomeys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. - With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. J... INTERROGA TORIES 1. State: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) The address of your present residence and the dates that you have resided at your present residence, and the address of each other residence which you have had during the past five years; (e ) Your present occupation and the name and address of your employer; (f) Date of your birth; (g) Your Social Security number; (h) Your military service and positions held, if any; and (i) The schools you have attended and the degrees or certificates awarded, if any. ANSWER: J. " 2. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: 3. List and describe all expenses and losses that you have incurred because of the incident. ANSWER: . I. 4. State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: .:. :, 5. (a) Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each such person identified, state that person's exact location and activity at the time of the incident. ANSWER: 6. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: ,; :, 7. Identify documents (except reports of experts subject to Pa.R.C.P. No. 4003.5) which describe the incident or the cause thereof. ANSWER: .; t. 8. If you know of the existence of any photographs, motion pictures, video recordings. maps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: 9. Since the incident if you or someone on your behalf has repaired, altered, or modified your real and/or personal property, please state with specificity the nature of the repairs, the approximate dates of the repairs, the costs of the repairs, and the person or persons performing the repairs. ANSWER: 10. If answer to interrogatory number 9 is in the affirmative, kindly attach any correspondence, reports, invoices, blueprints, drawings, plans, or sketches to these Interrogatories. ANSWER: ; l ~ 11. Since you purchased the home if you or someone on your behalf has repaired, altered, or modified your real and/or personal property, please state with specificity the nature of the repairs, the approximate dates of the repairs, the costs of the repairs, and the person or persons performing the repairs. ANSWER: 12. . If answer to interrogatory number 11 is in the affirmative, kindly attach any correspondence, reports, invoices, blueprints, drawings, plans, or sketches to these Interrogatories. ANSWER: , . I, 13. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any investigations of the incident, identify: (a) Each person, and the employer of each person, who conducted any investigation(s); and (b) All notes, reports, or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 14. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witnesses, residence and business addresses, and the substance of the facts to which the witness is expected to testify. ANSWER: ..: :" 15. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory, the report of the expert or have the interrogatory answered by your expert.) ANSWER: 16. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: .: r. state: . 17. If you intend to use any book. magazine, or other such writing attrial, (a) The name of the writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication of the writing; and (e) The identity of the custodian of the writing. ANSWER: . . I. 18. If you intend to use any admission(s) of a party at trial. identify such admission(s). ANSWER: 19. Without referring to your Complaint, state in detail the manner in which you assert that the incident occurred. ANSWER: J , " 20. Are you in possession of or do you know of the existence of any blueprints, sketches, drawings, diagrams, or plans of the instrumentalities, locality, equipment, tools, or any other thing or matter involved in the incident in suit? If so, state: (a) The nature of the document, the name and address of the person preparing each such document, and the date of its preparation; (b) The names and addresses, and the persons presently having possession or custody of each such document; (c) The specific subject matter ofthe document; (d) The date it was made or taken; and (e) What the document purports to show, illustrate, or represent. ANSWER: 21. State whether any rule, regulation, code, or standard was alleged to have been violated or was violated immediately before or at the time of the incident. If so, please provide: (a) State the rule, regulation, code, or standard which was alleged to have been or was actually violated immediately before or at the time of the incident; (b) State when such rule, regulation, code, or standard was alleged to have been or was actually violated; and (c) Identify any individual and/or entity that investigated the violation of any such rule, regulation, code, or standard. ANSWER: ;I . . , 22. Itemize and state in detail the nature and extent of the damages that you allege have been suffered as a result of this incident. Please do not simply refer to the Complaint in your answer. ANSWER: 23. In regard to the repair, reconstruction, and/or replacement of the Plaintiffs property, were any written estimates, contracts, bills, invoices, statements or receipts prepared in connection with such repairs? ANSWER: 24. If your answer to the preceding Interrogatory was affirmative, kindly state: (a) a description of each such document; (b) the date of each such document; (c) the name ofthe person or finn who prepared such document; and (d) the name and address of each person or firm known to you that has an original or a copy of each such document in his/her possession or under his/her control, custody, or care, indicating the document in each case. ANSWER: .. ~ .. 25. Have you expended any money, or incurred any expenses, in regard to improvements or remodeling of the Plaintiffs real and/or personal property? ANSWER: state: 26. If your answer to the preceding Interrogatory was affirmative, kindly (a) the date of each such expenditure; (b) the amount of each expenditure; (c) the nature of the improvement, in each case; and (d) the name and address of the person or firm who performed such improvements or remodeling to the Plaintiffs real and/or personal property . ANSWER: : . 27. State whether the Plaintiff has received or is entitled to receive benefits under a policy of insurance other than life insurance, as a result of losses claimed in the lawsuit. ANSWER: 28. please state. (a) (b) (c) (d) (e) (f) If the answer to the preceding Interrogatory is in the affirmative, the type of insurance that Plaintiff has; the company that issued such policy or policies; the limits of coverage available under such policy or policies; the effective dates of such policy or policies; the deductible under such policy or policies; and the amount of insurance proceeds receiving under such policy or policies. ANSWER: , " : , 29. With regard to your contention in Paragraph 18 of your complaint. in which you allege that you have entered into a contract with a contractor to perform most of the repair and restoration work please state with specificity and without referring to your Complaint: (a) The name, address and telephone number of said contractor; (b) The amount of the written estimates; (c) The amount ofthe invoices; and (d) The date(s) said repairs were performed. ANSWER: 30. Identify any diseases that you allege occurred, if any. as a result of the incident. ANSWER: , ~ , . 31. If you received medical treatment or examination (including x-rays) because of injury or disease you suffered as a result of the incident, state: (a) The identity of each hospital at which you were treated or examined; (b) The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; c) The identity of each doctor or practitioner by whom you were treated or examined; (d) The date on which each such treatment or examination by a doctor or practitioner was rendered, and the charge for each; and (e) The identity of any document(s) (except reports of experts subject to Pa.R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). ANSWER: '.0 32. State whether you have ever received psychiatric or psychological care or treatment, and if so, state the following: (a) the nature of the disorder for which you were treated and the name and address and specialty of the person treating you; (b) the dates for which treatment was given; and (c) whether you were ever confined to any institution for the treatment of such disorders, and if so, state the name and address of such institutions and the date of confinement. ANSWER: 33. For the period of five years immediately preceding the date of the incident, state: (a) the name and address of each of your employers, or if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self- employment; and (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year. ANSWER: , ,. , 34. If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The name and address of each of your employers or, if you were self- employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self- employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self- employment; (d) The wage, salary or rate of eamings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident, and the amount of any eamings or other benefits lost by you because of such absence(s). ANSWER: 35. If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: (a) The duties and/or activities you have been unable to perform; (b) The periods oftime you have been unable to perform; and (c) The identity of all persons having knowledge thereof. ANSWER: J 36. Identify the source and state the amount and date of any and all benefits or payments of any kind that you have received or have been paid on your behalf because of losses you sustained or expenses you incurred as a result of the subject accident, including but not limited to, workers' compensation, medical expense coverage and compensation for disability, dismemberment or disfigurement, death, income or hospital indemnity and lost income or earnings. ANSWER: 37. Set forth in detail, including the dates, nature and amount of any special damages which have not been paid and are not payable under the coverages set forth in any program, group contract or other arrangement for payment of benefits; and explain how you calculated such amounts and determined that they were not paid or payable. ANSWER: 38. Identify all insurance policies, benefit plans, and programs, group contracts, employment policies or agreements, or other arrangements for payment of medical expenses, income loss, dismemberment or disfigurement, death or personal injury, under which you are an insured, covered person, or eligible to receive payments or benefits. ANSWER: 39. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: (a) the date and place each such action was file, identifying the name of the Court, docket number and attomeys representing each party; (b) a brief description of each such incident or lawsuit; and (c) the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: J 40. State whether you have ever been convicted of any felony or lesser crime involving deceit or fraud or misdemeanor involving a criminal offense, and if so, state the following: (a) the nature of the offense for which you were convicted; (b) the date of conviction; and (c) the court in which you were convicted and the term and number assigned to your case. ANSWER: 41. In accordance with the Rules of Court, you are hereby requested to attach a copy of all such documents which you have in your possession, which were referred to in the preceding Interrogatories, and your answers to these Interrogatories. If you have done so, kindly indicate to this effect in your answer to this Interrogatory. ANSWER: Respectfully submitted, THOMAS, THOMAS & HAFER LLP Date: ) - ~--u r- BROOKS R. FOLAND, (717) 255-7626 1.0. No. 70102 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant " CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Interrogatories Directed to Plaintiffs was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square, 1ih Floor P.O. Box 1146 Harrisburg, PA 17108-1146 / .."' / ,. C' /!',' I /!/C~4-1/ "- Kate A. Wilhelm, Paralegal " PAULETTE UNDERKOFLER and KURT UNDERKOFLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04.2116 FARMINGTON CASUALTY COMPANY, Defendants JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT PROPOUNDED ON PLAINTIFFS TO: Paulette and Kurt Underkofler, Plaintiffs Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Defendant hereby requests that you furnish pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, at our expense, or permit the Defendant or someone acting on its behalf to inspect, examine, and copy the following items conceming this action which are in the possession, custody, or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of Plaintiff, including any insurer(s) for Plaintiff(s). Said items shall be produced or made available for inspection at the office of Defendants' attomeys located at 305 North Front Street, Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date and time to be arranged between counsel: 1. All photographs showing, representing or purporting to show any of the persons, property, injuries and any and all other matters related to the subject matter of this litigation. ., , 2. All diagrams, sketches, plans, measurements, or blueprints showing, representing or purporting to show any of the instrumentalities, persons, property, injuries, or other matter involved in the incident which form the basis of Plaintiffs Complaint or cause of action. 3. All statements, including but not restricted to those defined by Pa.R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts conceming or pertaining to the incident, the subject matter, the claims, the damages, injuries, or any other matter involved in or pertaining to this case. 4. All expert opinions, expert reports, expert summaries or other writings of experts, and curriculum vitae as to each such expert or experts to be used at trial which relate to the subject matter of this litigation and the incident in question. 5. All documents prepared by you or by any insurer(s), representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, 2 ., J films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of th~ foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their behalf.) 6. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. Any and all written communication to and from various contractors, reports, estimates, bills, invoices, proofs of payment, drawings, plans, specifications, reports and photographs regarding repairs andior renovations performed or to be performed on Plaintiffs home since the incident. 8. Any and all written communication to and from various contractors, reports, estimates, bills, invoices, proofs of payment, drawings, plans, specifications, reports and photographs regarding any work performed on Plaintiffs roof andior ceiling at any time prior to the incident. 9. All documents relating in any way to all injuries, damages and losses sustained by Plaintiff. This should include, but not be limited to repair invoices, bills, medical invoices, medical reports, medical records, medical bills, receipts, hospital records, charts and x-rays, wage and employment information, and all other documents in any way relating to Plaintiffs alleged injuries and damages. 10. All documents, reports, and other writings supporting your loss, property damage, and consequential damage claims including, without limitation, 3 " J all repair bills and repair estimates, as well as all documents, reports, or other writings supporting the assertions alleged in Plaintiffs Complaint. 11. Any and all written communication to and from various contractors or structural engineers, reports, photographs, or other proof of damage caused by the incident versus damage prior to the incident. 12. Any and all disclosures or notices that were provided to you at the time of or prior to the purchase of your home. 13. All insurance agreements and documents relating to the subject of the litigation. 14. Any release or other agreement between any persons or entities given or obtained in regard to the subject incident. 15. All documents and things used or consulted in preparation of answers to interrogatories. 16. A list prepared by you containing the names and address of all persons you believe to have personal knOWledge of the alleged incident referred to in Plaintiff's Complaint. 17. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 18. All financial records conceming the Plaintiff including but not limited to any and all tax returns, W-2's, and other filings, employment records, and wage or salary information, for a period of three (3) years prior to the date of this incident to present. 4 " j 19 If not covered by the above-requests, any and all documents which evidence any facts on the basis of which it will be asserted that the Defendant caused or contributed to the happening of the injuries sustained by the Plaintiff. 20. Any and all documents which would support any claims for injuries/damages averred in Plaintiffs Complaint. This request should be deemed continuing and any response should be supplemented upon receipt of additional information. THOMAS, THOMAS & HAFER LLP Date: 2--1.......6 S- BR OKS R. FOLAND, E RE 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7626 5 . . " CERTIFICATE OF SERVICE AND NOW, this yf--- day of fi!.:21acu;;L.c , 20051, Kate A. Wilhelm, a paralegal of the law firm of Thomas, ThOaS & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg. PA 17108-1146 k;h;7 /j~W2-lJ Kate A. Wilhelm ~^_.". 6 - J fjr,\Io~ ~ /~ .. \ c ATTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER LLP www.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, P A 17108 Street Address: 305 North Front Street, Harrisburg, P A 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Kate A. Wilhelm, Paralegal (7/7) 237-71/ I kwilhe/m@tthlaw.com March 7, 2005 Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12th Floor, POS 1146 Harrisburg, PA 17108-1146 RE: Underkofler v. Farmington Our File: 101-41027 Dear Attorney Neiman: Please advise when you will be responding to Defendant's Interrogatories and Request for Production of Documents which were provided to you by letter of February 3, 2005. Thank you for your cooperation. Very truly yours, Thomas, Thomas & Hafer, LLP By: Kate A. Wilhelm, Paralegal /kaw 339193.2 Bethlehem Office . 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675 . Fax: (610) 868-1702 Pittsburgh Office . 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 . Phone: (412) 697-7403 . Fax: (412) fHl-74fJl -- \':;?~ "~ " J"t ~J ",\ ,~) C:J .,...-", C' .' r"-". - Timothy J. Nieman, Esquire Attorney LD. No. 66024 James J. Jarecki, Esquire Attorney J.D. No. 89580 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CNIL ACTION - LAW NO. 04-2116 Civil v. FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant , PLAINTIFFS' RESPONSE TO DEFENDANT FARMINGTON CASUALTY COMPANY'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DISCOVERY NOW COME Plaintiffs Paulette and Kurt Underkofler, by and through their attorneys, Rhoads & Sinon LLP, and file this Response to Defendant Farmington Casualty Company's Motion to Compel Plaintiffs' Responses to Discovery, stating as follows: 1-5. Admitted. 6. The letter referenced in this Paragraph is a writing that speaks for itself. 7. Denied. To the contrary, Plaintiff~ have served Defendant with their responses to Defendant's discovery requests. 8. Admitted. 9. The averment of this paragraph is a legal conclusion to which no response is required. 10. Denied. The Defendant is not prejudiced because the Plaintiffs have served Defendant with their discovery responses. 560110_1 II. The averment of this paragraph is a legal conclusion to which no response is required. 12. The averment of this paragraph is a legal conclusion to which no response is required. 13. Denied. Plaintiffs have served Defendant with responses to Defendant's discovery requests. 14. Plaintiffs have served Defendant with responses to Defendant's discovery requests. IS. The averment of this paragraph is a legal conclusion to which no response is required. 16. Denied. Plaintiffs have served Defendant with responses to Defendant's discovery requests, thus rendering the Defendant's Motion to Compel moot. WHEREFORE, Plaintiffs Paulette Underkofler and Kurt Underkofler respectfully request that this Court deny Defendant's Motion to Compel. RHOADS & SINON LLP By: ~,~# Timothy J. Nieman James J. Jarecki One South Market Square P. O. Box 1146 Harrisburg, P A 171 08-1146 (717) 233-5731 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on April 21, 2005, a true and correct copy of the foregoing document was served by means of regular United States mail, first class, postage prepaid, upon the following: Brooks R. Foland, Esq. Thomas, Thomas & Hafer LLP 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneysfor Defendant Farmington Casualty Co. ( ')Jv<,--~lAh~tZ4 ~ ~ \'V ,~ ~, ;"\ ....., l..r~ -----~----_._._--- L " t::) THOMAS. THOMAS & HAFER, LLP Brooks R. Foland, Esquire I.D. # 70102 305 North Front Street, P.O. Box 999 Harrisburg. PA 17108-0999 (717) 255-7626 (717) 237-7\05 (Fax) PAULETTE UNDERKOFLER and KURT UNDERKOFLER, Plaintiffs }ARMINGTON CASUALTY COMPANY, Defendants N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 0.04-2116 URY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION TO COMPEL DISCOVERY '1 !TO THE PROTHONOTARY: i Please withdraw Defendant's Motion to Compel Plaintiffs Responses to Discovery in the !above matter. by: Respectfully submitted, THOMAS, TH~~ HAFER, L~ ~~~C ~. 1. . pIs. 02 ~ 305 North Front Street, 6th Floor--- POB 999 Harrisburg, P A 17108-0999 (717) 255-7626 Attorneys for Defendant , . CERTIFICATE OF SERVICE --ft1 ' AND NOW, this 2. q day of ~ ,20097: Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy J. Nieman, Esq. Rhoads & Sinon, LLP One South Market Square 12th Floor POB 1146 Harrisburg, PAl 71 08-1146 I~ Icoleen M. Polek ("i ~~.. .....' c;:,-'> ,:P oJ' :%- .....~.. ";./.. o -" \ cJ :?:' ~..\> -- -- .' c.) 0) ~ "", Timothy J. Nieman, Esquire Attorney J.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULETTE UNDERKOFLER and KURT UNDERKOFLER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-2116 Civil FARMINGTON CASUALTY COMPANY JURY TRIAL DEMANDED Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO: THE PROTHONOTARY Kindly mark the above-captioned action as settled, discontinued and ended. RHOADS & SINON LLP By. rJM!./A.~~ Timothy J. Nieman - One South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for Plaintiffs 606005.1 " "'. .. CERTIFICATE OF SERVICE I hereby certify that on May~, 2006, a true and correct copy ofthe foregoing document was served by means of regular United States mail, first class, postage prepaid, upon the following: Brooks R. Foland, Esq. Thomas, Thomas & Hafer LLP 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, P A 17108-0999 Attorneys for Defendant Farmington Casualty Co. r ~ -0 :J: v' .. ~ ~::n ~~ ~""'f\ 06 tSf1'\ A - ~ g S. "'0 to ~~~; U>"'C --.:,. ~ r- ~ Y..:;(-<':. .t:-'CI "P c- z :2. ~ ~ ~ ~ , v:> c.Jl ~~