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Home My WebLink About10-381909-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS L~~~ ..;`~ ~ _ ~ iii"; iL~ J~ ~~ 5~ ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. l0°3g'~~t ~~~ CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Action for Declaratory Judgment 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 Action for Declaratory Judgment or for any other claim or relief requested by the Plaintiffs and Defendants. 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 Cumberland County Lawyer Referral Services 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 4'9 ~ • ~ ~ .E a~1 tk. ~l16 G7 G ~ ~-~ ~~~3 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW JURY TRIAL DEMANDED ACTION FOR DECLARATORY .JUDGMENT AND NOW, comes the Plaintiff, Nationwide Mutual Insurance Company, by and through its counsel, who files this Complaint seeking declaratory relief and respectfully states and avers as follows: 1. Plaintiff, Nationwide Mutual Insurance Company (hereinafter "Nationwide") is a mutual insurance company authorized and licensed to do business in and about the Commonwealth of Pennsylvania, with principal offices located at 1000 Nationwide Drive, Harrisburg, Dauphin County, Pennsylvania 17105. 2. Defendant, Erie Insurance Exchange (hereinafter "Erie") is an insurance company authorized and licensed to do business in and about the Commonwealth of Pennsylvania, with principal offices located 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. g ~.~. Qo ~ ~ ~y R.~ i 3. Nominal Defendant, Jeremy Bakibinga, is an adult individual last known and believed to be residing at 4793 Sweetbrier Drive, Harrisburg, Dauphin County, Pennsylvania 17111. It is further alleged that Jeremy Bakibinga has a date of birth of November 17, 1992. 4. Nominal Defendants, Robert and Catherine Bakibinga, are adult individuals last known and believed to be residing at 4793 Sweetbrier Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 5. Nominal Defendant, Pamela Walker, is an adult individual residing at 508 Wynnewood Road, Harrisburg, Dauphin County, Pennsylvania 17110. 6. This matter arises out of a certain motor vehicle accident occurring on July 23, 2009 in Lower Paxton Township, Dauphin County, Pennsylvania, wherein Jeremy Bakabinga, then 16 years old, operating a 2002 Dodge Stratus owned by Robert Bakabinga, struck a vehicle then being operated by Pamela Walker. 7. Robert and Catherine Bakibinga were insureds under an automobile insurance policy issued by Erie with policy number Q1007081914. 8. Pamela Walker was an insured under an automobile insurance policy issued by Nationwide with policy number 5420471. In pertinent and relevant part, this policy provided uninsured motorist coverage benefits up to $15,000.00 per person/$30,000.00 per accident. 9. Upon certain claims being presented to Erie relative to the aforementioned motor vehicle incident, Erie issued a denial of coverage letter dated July 29, 2009 based upon an a "Named Person Exclusion Endorsement-Pennsylvania" executed by Robert Bakibinga on November 4, 2008 purporting to exclude Jeremy Bakibinga, then 15 years old, as an insured driver under the Erie insurance policy noted above. True and correct copies of these documents are collectively attached hereto as Exhibit "A" 2 and incorporated by reference as if more fully set forth herein. Nationwide further avers that, as of November 4, 2008, Jeremy Bakibinga was not, and could not have been, a lawfully licensed Pennsylvania driver. 10. At the time of the aforementioned subject motor vehicle accident, Jeremy Bakibinga, was a lawfully licensed Pennsylvania driver. 11. Nationwide believes, and thus avers that, at the time of the aforementioned subject motor vehicle accident, Jeremy Bakibinga, was not an insured under any other automobile insurance policy. 12. The Pennsylvania Motor Vehicle Code authorizes named driver exclusions under §1718(c), 75 Pa. C.S.A. §1718(c), as follows: (c) Named driver exclusion - An insurer or the first named insured may exclude any person or his personal representatives from benefits under a policy enumerated in section 1711 or 1712 when any of he following apply: (1) The person is excluded from coverage while operating a motor vehicle in accordance with the act of June 5, 1968 (P.L. 140, No. 78) relating to the writing, cancellation of or refusal to renew policies of automobile insurance. (2) The first named insured has requested that the person be excluded from coverage while operating a motor vehicle. This paragraph shall only apply if the excluded person Is insured on another policy of motor vehicle liability insurance. (emphasis supplied) 13. Nationwide has paid the full amount of the uninsured motorist coverage benefits to its insured, Pamela Walker, in the amount of $15,000.00, pursuant to he executed "Release and Trust Agreement - UMC", dated December 21, 2009, with a true and correct copy thereof attached hereto as Exhibit "B", and incorporated by reference as if more fully set forth herein. 14. Nationwide has placed Erie on notice of its claim for subrogation of the uninsured motorist coverage benefits in the amount of $15000.00 by virtue of correspondence dated August 26, 2009, attached hereto as Exhibit "C", incorporated by reference as if more fully set forth herein. 15. Erie has denied its liability under the policy to Nationwide per correspondence dated September 4, 2009, attached hereto as Exhibit "D", incorporated by reference as if more fully set forth herein. 16. An actual controversy exists between the parties as to whether Defendants, Jeremy Bakibinga and/or Robert and Catherine Bakibinga, are entitled to liability coverage under the Erie policy as to the aforementioned subject motor vehicle accident. WHEREFORE, this Honorable Court is respectfully prayed to declare that Defendants, Jeremy Bakibinga, and Robert and Catherine Bakibinga, are entitled to coverage under the Erie policy number Q1007081914, and/or to grant such other and further relief as may appear just in the circumstances. Respectfully submitted, OFFICE OF SNY E & DORER Date:_ June 8. 2010 By; Donald R. Dorer, Esquire Attorney for Plaintiff, Nationwide Mutual Insurance Company Court I.D. No. 39126 os-o~8z~s lr4W OFFICE OF SNYDER & DORER 294 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717 731-0988 Attorneys for Plain#iff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE GOURT OE COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANGE EXCI~IANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS No. CIVIL ACTION -LAW .1URY TRIAL DEMANDED VERIFICATION i, Paul Current verify that the statements made in the foregoing Action far Declaratory Judgment which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, beiieve them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues far resolution at trial, by the Court, or by continuing investigation and preparation for trial. !understand that some of these allegatians may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. 1 understand that ail s#atements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications s. / Dated: ~ (/ Pau{ Current, Ciai Representative Nationwide Mutual insurance Company W a Q 0 w J U a U w ~~ a G7; 31/2009 16 07 fA% 717735?315 II'ISl,lfdf"iC~' Duner, ome. • soot Lovy a. • naw~M iA+~~ c~n11. • P.o. 9oK 2019 • AA1ehMreabvp, PA 1rt1b5.W~C 11T.7pf.WQ • TaY ttir 1.bpo,~,1~01 • t~ r17.7fi.Z1t8'• www.~rW~v~w.am July T4, 2009 Robert ~ Cathctina Asitibiti<ga 47'93 Sareettirier brave Ii:nisbutg, PA 17111 lie: BRIE Claim 1"sRIB Policy ERT4 la'sured; Deer 1N4. snd Iws. 13alctbiags: Dent of Loss: #010171046073 #Q 10.07061 l91 Robert P. l3alobigpi rt Ca><t+eriaa 1Baldbings 783/04 ®003J004 Aa you ]eaow, I was aa:igned m a alalm that was Rbd with your ERIE Agent on July 2S, Z004. 'Y'he alairq wa,r ska coder your Srie Iavr>oaoe Ex+ehsitys Pioneer Family Aum Pdioy #QI0-o7oEI91 (Fd, 3/07. 'ibe policy a~ibcpv~e slates are Ootoisrc 7, 200' to Oceober 7, 2009. Tho loss report indlcstp that yntu son, Jcr+wty ~lcibinga, was opototir-g your 2002 Dedio 8uatus wlyea 1-a wen involved is a motor veh~ble ageidegt. T>>i~ v~Js~e is ioautad under the BRI>~ Funny Auto Policy MQIO-070814i. This is at~+o-vehiclo accident lq which it is ailased that Jerenry Baldbinga tntitolt s veblcle being drivda by Parttels Wdlter. There wan rpnhing propee'b~ ~daQUg<O to the othsr vobieJo, u vwell M dss»age to the Z00Z T)odR Sorata+s. Yteeee bF tidviaed ti~st we hsve ooatoltWed cut iavestagsiiao into this matoor. Basod on the $cu and itt£ormadoq lhlt we have gathee+ad tliroliglt our ittvestlgNiast. we~muet taspectlitily ad'v1N You tlt~ ~ 1iPFC111~iQa apRlia~ op !~ loc. ~ there'd ao covegtge t'vr this Beim under y~cw pocky. Your ER1B.>ratnily Aunt Peliey MQ10-0706 t91 ooatairis ida eetdorsamerlt which spedifeally~oxaludes oovorage ibr any kes or claiio wi~i' Jot+wa~ty BdCibltga is operaetag ~' vaiiiele corned by Robert P. Boldbinga cad Cadicrioc Hsilsibin~s sod it>ftired by'she Brie taiuranos E~cndange. 1 ra&r yon to the Nuned Persop Exclusion-Psat~nsytvattis„ Form AFPBOZ tF.d_. 7/OZ~, w6ids rtatee: This Narenea Ptnott B~aclltsioa F.ndorsenneat is prR of year policy. Exoepr for the cluhges this andorsaatent tgeicas. eIl other terms of•yoar policy remaiq the stunt ex~ apply to this aadorssaaeat. 7I~i l'aRIB shs><1 not be iiabk m ssryoae ilir nay loq, damage, cause of action, a c(aigs, in.Glud~iog but cot liaxlosd'tae IiaDility claua, property dameie claim, first party betrzSt tJaittt, wtleisiiied ~sriort+tirist claiq; anderittsarod tuaooritt cls~ttt, ta~Ugaat ~ claim, viwriow~ liability dalm, or nay otbar cidm. arising Sr~n the operetion of any moUDr vchicla while that motor valaide fs 6eitsg operated by: . Jeremy Baltibistga This exclusion applies to the opera>Giop of ~Y tnaor vehicM by rho named cx,c1>adod parson. w114tlidr 0! Ogfi the dOtOt 1~e6lCit! it ip1<IU'pd Ruder this policy. ~ whetl~ar OI Oct stxh operation vva's with rite express or iruplied parmissioq of a persoq insured order thu policy, Howevesr, it e 8 a a d Q F i ~i 0 1so~ ,. cos: 0-x/31/2009 16 OT F~1X 717795231 '~j 004/004 ROfs~r't ~ Gtfltriraf ~~~ Page 2 July Z9, 3009 pmrctstaed. f+u~ ~ 1~lfu caveat, uni~uured Mooorists~Caverade•and Underiuau+ed. Motvrls~t Cavers~e, Wthir tha tt[ngt Ol tllott coveraSet, will eppiy oo say named person who it ir{iu:+ed as a paweader in ol+noq-oop~gant of ~ mot+o~r r~~ele lavolved in in.aCCident, iY, was will ovt be abL to provide oovere;e to you resacdln~ your ZOOZ Dodje.$garw or co soy propsrry vvvatd by dit ofber paeiy involved w a suit of tlsh tocident. Based uPws the strove aYCiwion, t~ ~ no oovisei~e i~r tAis claim under rbt i~ ~F~ Auto lblfcy. [f ~ adcficional won tbould Dona tv your ~ widdt m>!p- canm at tv raview t~ii deolsicn, pletst the lmmedisaly. C,RIl3 rrtervse• the ~ to sweet ~ additioaat pollry dettmat: sot ttate0 that may Oe available. SRI>Z ft~ttJta~ retN~vs1 ~ ei~Ilt to tevie~v a>~t- pliadirip sad rely tidpulpa for arbii~ anyone ws prootot may aoelc a defla ar• inde~auiiq- for • lost. >3>~tRIE fitetlrc raeetiee tba rt~ltt to isle t deciarscory judSsatat totioa a< say ~. cesardleit at the >~ of anp-• uod lhigatlon. to u to reek rsl~ef ttoai the ooutt for arty Weed policy oblidatims. if you have ary quatiaq t+saardi~ ttt3is Ittttr, pkw do not l~eetit0s b coataa me. Siacorely, Anne B. I.arzaa4 AIC Liability A~utepr III >?.O. Bos 49i . ~haetletville, PA 19354 1-866ZG~-3924 c6~a> 4ss-766 c~~ AiBL:rgjn oc: Aobtit dz Carina Babbdi~s ($y rgtiiat xaa;1) x: AdvanotQ IAMUwior 8ollndom, iaa.. AIA~116 eo:' ~ Hams OR'llOt CC' ]i[~y Sa>dbloda 4793 saeetbeier• Drive I~tyliisburs, PA. l 7 t i 1 cc;• Pile a a a i F L A 0 M c • U 3 a Ito9b79_l.DOC 1,713112009 16 0T FAX 7177952315 Ene Insurar~ ®002/004 PRIVATfi FAS9IIJOHR AUTO AFPB02 (Ea. 7/QZ) (3F-2173 T>iary Date_._____,~, NAMED PERSON EXCLl1~li)N ENDaRSEMEhIT - PENNSYLViAN1A Namsd 6asured(,) ~,~.{:~ "•J'-~! ~J r?~ Q Faliay Num'b~ ~ ~~'~ 7~ ~` 9/ '+~"~' 10~ A~eat~r ,Q,~t,~~.wte.o~ oe~+t.~,.u~~~.e._ ' >~~,stoa ~ ~ a~~ rla~n.--1 '~ ss~-~ n~ Thit Named P~trm $xchuion Eudozremant ie part of'+yeos" policy. Except for the t4ie endore.~t mskea, t!1 otlser ttnat of "'roar" patiay t+emaia t!u .arse end apply to tha endoaement. Tha SttSB shall not be liable to anyone for any_~ott, dasoahs. eauee of action, ar elaitn, ~ bat not !lmited to. a liability deim, prrperty demage claim, iiist pes~+banafit oleiw, uaiaau4sd taotorie't cWm, msdariaaurod ttsatorist altuas. negli;ent enttuttrnrat claim, vioa$oUS ]lab6li claim, or aqy other clai7A, sdeiIIg $Oll'i tlae operation of auy "aaator vehicle" whits titer "motor vehicle" is being operated by: ,bi J ~.TE,rr~ N~~ U. t h rat _ Thaw exchision appllel< w tha opcxetioa of any~°`motur reltkle" 6y the twmod Sxchrded ps~reo~a, wJacwar or ntn the "molar vddele" is insured utuder this ,poHay. en~ r~+bethee' or aot,uah opeasdao wad rvlth the exprate ar iwpiied permia- aioa of a petsoa inanrGd uad~t thin policy Aow, if pt~rclaued. Fiat Party Sansliq t„oYSia~e, Ualaamod Motodttt Cov sad Vaderhm~red Motorists Covarsggq, within the terms of thorn aovsra~t. will aap]tiy Lo oar named pesaan ,vfsourad es a paangar m or naa-oceupaaf of a "motor vehlcla" involved itstaa accident: _ 'The eigont~ue of tha first "Ntu~aed Ltspred" listbd is Reno I of tha "Declu~stiom' cutifiva that "yon" tmderstand a~ad ecoept thin cadortemerrt et of your policy. ' ~ tl o~ og ~ ~ ~'tirtt txclutton ltas beta raquanad by the~?rst "Narntd lturrrst, "tk. algext va~td that the cxcludial psrso+a t+ t,w„rr1 on axoth.i poltCy gjxrotor vehtctr ixruroxCt. ~---- ~.,, J1 ~ 0 gnatuaa ata Gogy---AgastiCoQy-POlieyhold~et/Copy--~Exoludsd P,eaoa 13023258930 NATIONWIDE CLAIMS Natlonwlde Insurance 16:08:54 12-22-2009 1 /1 Nationwide® 4n Your Side` RELEASE AND TRUST AGREEMENT - UMC Know all men by these presents: That for the sole consideration of the sum of Fifteen thousand dollars, ($15,000,00), the receipt of which from the Nationwide MutuaE Insurance Company, designated below, {hereinafter called Nationwide') is hereby acknowledged, the undersigned in his/her capacity as an insured, hereby releases, discharges, and for himself/herself, his/her executors, administrators, successors and assigns does forever release and discharge Nationwide of and from all claims of whatsoever kind and nature prior to and including the date hereof growing out of the Uninsured or Underinsured Motorist Coverage of an Automobile Insurance Policy number 5420471 issued by ~ ~ Nationwide to Glenn and Pamela Walker, and resulting or to result from an accident which occurred on A~ttgatst-i~, -~u~~~ ~z- S ~~ 2009 at or near Harrisburg, AA. And further: In consideration of such payment, the undersigned, for herself/himself agrees to take, through any representative designated by Nationwide, such action as may be necessary or appropriate to recover the damages suffered by the undersigned from any person or persons, organization, association, or corporation other than Nationwide who or which may be legally liable for said injuries, or an organization that may be responsible to provide a defense or indemnification to a party responsible for said injuries, and hold any monies recovered from such person or persons, organization, association, or corporation as a result of a judgment or as a result of settlement with or without litigation, or as a result of a declaratory judgment action to require insurance coverage for a party responsible for said injuries, in trust for Nationwide to be paid to Nationwide immediately upon recovery thereof; provided, however that any sum recovered in excess of the amount paid to the undersigned by Nationwide as consideration for this Release and Trust Agreement plus all expenses, court costs and attorney fees in connection therewith shall be retained by the undersigned, for her/his own use and benefit and the undersigned hereby agrees to reimburse, indemnify and save harmless said Nationwide against any further claim under said policy resulting from the above accident, hereby waiving any and all rights of exemption, both as to real and personal property, to which the undersigned may be entitled by the laws of any state as against such claims for reimbursement or indemnity. However, notwithstanding the foregoing, the undersigned expressly reserves the right to pursue any and all other claims under any other insurance policy or policies, or to pursue claims under coverages other than UM or UIM under the Nationwide policy No. 5420471, or to pursue Breach of Contract, Bad Faith, or any other Claim under the Nationwide policy No. 5420471 or any other insurance policy, except to the extent released above, due to the accident which occurred on ~stl, 2009 at or near Harrisburg, PA. ~ 'Z3 t'Jw' WITNESS mylour hand(s) and seal [his __~ day of ~ ,2U_~. In the presen of: /' CAUTION! READ BEFORE SIGNING 1 't Witnti ~ _ _ Signature ~tiyt.e .I%~- _~'1'` [ruurcd :)~ i1. - ~v P~rrnt Guudisn, Spourc, AJmmialntor, Executor or Dolo<a J D~vaherty State of~.~.____ ,County of_~U~L(~[ji't~. On this~_day of_ ~(~,_._, 20~~ . Before me personally appeared__ ~ _ _, ,_. Lr~ ~~.u.r~o me known to be the person...described herein, and who executed the foregoing instrument and helshe acknowledged that helshe voluntarily executed the same. COMMONWCALTM D A NNOT VANIA /~ s1 ~/~ NQTARIAL SEAL My term expires~~ V~ ,20„1,~~_ ` ~_,..!-!~ ~~ Brandy M. VYoOd-Notary Pu61ie Notary Puhlic SVVATARA TWP., DAUPHIN COUNTY MV COMMISSION [7(PIRES AUG. 05 2017_ 1000 Nationwide Dr. PO Box 2655, Hartisburg, PA 17105 302-325-8950 x0 Fax 877-837-2143 Nationwide' • On Your SideW 08/26/2009 Erie Insurance Po Box 2013 Mechanicsburg, PA 17055 Insured: WALKER, GLENN G Date of toss: 07/23/2009 Claim number: 80009004033 Your insured: Robert Bakibinga Your claim: 010171046075 Dear Ms. Lamm, Our investigation indicates Jeremy Bakibinga was a properly licensed driver at the time of the 07/23/2009 accident. Your named insured, Roberty Bakibinga, has iaformed us that the reason for the named driver exclusion was that Jeremy was not licensed at the time he was excluded as a driver under the Erie auto policy. Please be advised, we do not believe the named driver exclusion under the Erie auto policy was valid for this 07/23/2004 accident. As the reason for the named driver exclusion no longer existed at the time of the 07/23/2009 accident, the exclusion is not valid. Please be guided by 1718 (c) accordingly. Please reconsider your liability coverage denial related to our insured's claims against Robert and Jeremy Bakibinga. Sincerely, Michelle Arnold Claims Department I-800-752-8154 Any person who knowingly and with intent to defraud any insurance company or other person files an app{ication for insurance or statement of claim containing any materially false information or conceals far the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. 1000 Nationwide Dr PO Box 2655, Harrisburg, PR 17105 302-325-8950 x0 Fax 302-325-8902 ~~ Erie ~.r\ Insurance 5rancn'J~f!Gr ~9+1 ~C~r~ !)rice Rus<rncy~~e ~u;ineS; Center - PU Br~• ?~i13 P,1*~.rh c '1'7 ?95 3200 (ol~ Frye t 3C~'. ~2 1304 Far, 717 7'J5 '315 ~.nvty ecF,~rs~xa; is N horn September 4, 2009 Nationwide Insurance Company Attention: Michelle Arnold P. O. Box 2655 Harrisburg, PA 17105 Re: ERIE Claim ERIE Insured Date of boss: Your Insured: Your Claim Dear Ms. Arnold: Y'eu; ,I R~lchry, ~;PC+-1. ^.IC ~s~.,~;ie~.t s.. - , _ adr ~, ~ .I,r:~~s htanac (#010171046075 Robert P, Bakibinga 7/23/09 Glenn Walker /80009004033 I would like to acknowledge receipt of your letter dated August 26, 2009. We have reviewed the claim file and our position remains unchanged regarding coverage. The driver of our vehicle, Jeremy Bakibinga, is excluded under the Auto Policy Robert Bakibinga carries with ERIE and there is no coverage under this policy for this claim. If you have any other questions please feel free to call me. Sincerely, ~~-~a?~~ Anne B. Lamm, AIC Sr. Liability Adjuster P.O. Box 498 Shartlesville, PA ! 9554 I-8bb-204-3924 RECEIVE SEP 1 1 20D9 ABL:ss cc: Mark Swanseger Home Office Hbg. I Oept. IR24GUI I uoc The ERIE fs Above nlf in SERVICE` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~µ~l~ of ~:~t~ttG~~f~~s~ :~~ '~F T~~'' F. ~' ~,' 2010 !Ire i S ~1°i I ~ :~0 Richard W Stewart Solicitor ~3Ffl.`cp:4kc ..~6f~iGF ~+ tt ~ ~, ~ Nationwide Mutual Insurance Company Case Number vs. Erie Insurance Company 2010-3819 SHERIFF'S RETURN OF SERVICE 06/11/2010 Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2010 at 1447 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Erie Insurance Company, by making known unto Suzanne Wiland, Marketing Supervisor for Erie Insurance Company at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~./~ By MICHAEL BARRICK, EPUTY SHE IFF (c; Goun'ySuite .S'henff. TeieosufT. hi,^.. ;y; Johnson, Duffie, Stewart & Weidner By: Jeffrey 6. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff v. ERIE INSURANCE EXCHANGE, 2~~Q ~~~ ~~ D~ ~~~ 4~ ~~ . C~S~I~,- ~ ~ ~~~.:u~fiY Attorn€~s~f~~~~ndant Erie Insurance Exchange IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3819 CIVIL ACTION -LAW JEREMY BAKIBINGA, ROBERT AND JURY TRIAL DEMANDED CATHERINE BAKIBINGA, and PAMELA WALKER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Erie Insurance Exchange, in the above-captioned action. Respectfully submitted, Johnson, Duffie, Stew & Weidner f r a'r B e e ~ Esq re Attorney I.D. No. 196 6 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 ,jbrCc~idsw.com Attorney for Defendant Erie Insurance 405428 Exchange ~~~ CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Donald Dorer, Esq. Law Office of Snyder &Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER ,- ,,-~ ,, B~ f~ J ffrey B. Rettig .~ 09-018216 LAW OFFICE OF SN 214 Senate Avenue, Camp Hill, PA 17011 Telephone Number: Attorneys for Plaintiff R & DORER e 600 7) 731-0988 ri[.~ . `~~~ ~Y Z010,l~,'i I9 P,'~ ~~ St CL`t',~ ~~+1'v.3,L4,,. ~''~~ i1~i_ NATIONWIDE MUTUAL INSU ANCE COMPANY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10 - 3819 ERIE INSURANCE E CHANGE, JEREMY BAKIBI GA, ROBERT AND CATHERIN BAKIBINGA, AND PAMELA W LKER, CIVIL ACTION -LAW DEFENDANT JURY TRIAL DEMANDED P~iAECIPE TO FILE ACCEPTANCE OF SERVICE Kindly file the Declaratory Judgment referenced matter. Date: ed Acceptance of Service regarding the Action for filed with this Court on or about June 9, 2010 in the above Respectfully submitted, LAW OFFICE OF SNYDE & DORER ~~• ~ / a,r 1 Donald R. Dorer, Esquire Attorney for Plaintiff, Nationwide Mutual Insurance Company Court I.D. No. 39126 09-018216 LAW OFFICE OF S YDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 1701 Telephone Number: (717) 731-0988 Attorneys for Plaint NATIONWIDE MUTUAL INSU ANCE COMPANY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. ERIE INSURANCE E CHANGE, JEREMY BAKIB NGA, ROBERT AND CATHERIN BAKIBINGA, AND PAMELA W LKER, CIVIL ACTION -LAW DEFENDANT .JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Pamela Walk r, do hereby accept service on my behalf of the above Action for Declaratory Judgment that has been filed against me in the Cumberland County Court of Common Pleas by t e Plaintiff, Nationwide Mutual Insurance Company. Date: ~ a' / ~ -~ Pamela Wacker 09-018216 LAW OFFICE OF SN DER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plainti NATIONWIDE MUTUAL INSU ANCE COMPANY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10-3819 ERIE INSURANCE E CHANGE, JEREMY BAKIBI GA, ROBERT AND CATHERIN BAKIBINGA, AND PAMELA W LKER, CIVIL ACTION -LAW DEFENDANT BURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dore ,Esquire, hereby certifies that he is the attorney for the Plaintiff herein, and that he ca sed a true and correct copy of the attached Praecipe to File to be served by regular first class mail upon: Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Att rney fvr Defendant, Erie Insurance Exchange Robert and Cat Brine Bakibinga Jeremy Bakibin a 4793 Sweetbria Drive Harrisburg, PA 17111 Pamela Walker 670 Maria Drive Harrisburg, PA 17109 Date: [46nald R. Dorer, Esquire Attorney for Plaintiff .~ t ~:. 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp HIII, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS ~a~o ~~~~= 27 ~ ~+ i~~ 52 culy.~ ~ ~~n ~. _ `.! ~, ;.. s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO FILE ACCEPTANCES OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Acceptances of Service regarding the Action for Declaratory Judgment filed with this Court on or about June 9, 2010 in the above referenced matter. Date: July 23.2010 Respectfully submitted, By: Attorney for Plaintiff, Nationwide Mutual Insurance Company Court I.D. No. 39126 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANCE EXCHANGE, .JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS No. 10 - 3819 CIVIL ACTI®N -LAW .JURY TRIAL DEMANDED ___ ACCEPTANCE OF SERVICE I, Robert Bakibinga, do hereby accept service on my behalf of the above Action for Declaratory Judgment that has been filed against me in the Cumberland County Court of Common Pleas by the Plaintiff, Nationwide Mutual Insurance Company. Date: ° ~ '~ ~ ~ - Z``' I ° . Robert Bakib ga 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hlli, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS N O. 10 - 3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED - _ __ _. ACCEPTANCE OF SERVICE I, Catherine Bakibinga, do hereby accept service on my behalf of the above Action for Declaratory Judgment that has been filed against me in the Cumberland County Court of Common Pleas by the Plaintiff, Nationwide Mutual Insurance Company. 7~l°(lID _ Date: Catherine Bakibinga 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS NO. 10 - 3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE We, Robert and Catherine Bakibinga, as parents and guardians of Defendant, Jeremy Bakibinga, do hereby accept service on his behalf of the above Action for Declaratory Judgment that has been filed against him in the Cumberland County Court of Common Pleas by the Plaintiff, Nationwide Mutual Insurance Company. Date: ~~ ~ ~' ~ 1 ~ Date: `7 ~ ~ ~ ~ C D Robert Bakibi Ca Brine Bakibinga 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS NO. 10 - 3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Plaintiff herein, and that he caused a true and correct copy of the attached Praecipe to File Acceptances of Service to be served by regular first class mail upon: Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner 301 Market .Street Lemoyne, PA 17043 Attorney for Defendant, Erie Insurance Exchange Robert and Catherine Bakibinga Jeremy Bakibinga 4793 Sweetbriar Drive Harrisburg, PA 17111 Date: Julv 23, 2010 Pamela Walker 670 Maria Drive Harrisburg, PA 17109 ~. Do~fald R. Dorer, Esquire Attorney for Plaintiff Johnson, Duffie, Stewart 8~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Erie Insurance Exchange NATIONWIDE MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-3819 v. CIVIL ACTION -LAW ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND JURY TRIAL DEMANDED CATHERINE BAKIBINGA, and : PAMELA WALKER, : Defendants NOTICE TO PLEAD To: Plaintiff clo Donald Dorer, Esq. Law Office of Snyder &Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Defendants' Answer with Counterclaim within twenty {20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Stewart ~ r IvIV1t-1~ ~ ~~ ~: n.~P~~03 G~i'~~L~3t~1-~ ~~ ~~ c~ ~I"' ~a~ ~i~L~ ~a1.~~0-C13 a J ff ig, Esquire (~ / tt y I, . No, 19616 ~-! 30 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendant Erie Insurance Exchange Johnson, Duffle, Stewart ~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Erie Insurance Exchange NATIONWIDE MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-3819 v. CIVIL ACTION -LAW ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, and PAMELA WALKER, JURY TRIAL DEMANDED Defendants ANSWER OF DEFENDANT ERIE INSURANCE EXCHANGE WITH COUNTERCLAIM AND NOW comes the Defendant, Erie Insurance Exchange, by its attorneys, Johnson, Duffle, Stewart and Weidner, and answers Plaintiff's Complaint seeking declaratory relief as follows: 1. Admitted. 2. Admitted with clarification. Erie Insurance Exchange has an office at the address as alleged. Its principal place of business is in Erie, Pennsylvania. 3-5. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 6. On information and belief, this allegation is admitted. 7. Admitted except that the correct policy number is Q10-0708191. 8. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 9. Denied as stated. It is admitted that a "Named Person Exclusion Endorsement- Pennsylvania" as welt as a letter from Erie to Mr, and Mrs. Bakibinga dated July 29, 2008 are attached as Exhibit A. Those items, being written documents, speak for themselves. As to the balance of the allegations of this paragraph, after a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 10. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 11. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 12. Admitted. 13. On information and belief, this allegation is admitted. 14. It is admitted only that Plaintiff sent Answering Defendant the letter attached as Exhibit C to Plaintiff's Complaint. 15. Admitted. 16. Denied. To the contrary, the "Named Driver Exclusion" Endorsement issued by Erie precludes liability coverage under the facts of the 2009 accident. WHEREFORE, Answering Defendant requests that Plaintiff's request for declaratory judgment be denied and that its request for declaratory judgment be granted. COUNTER CLAIM FOR DECLARATORY RELIEF ERIE INSURANCE EXCHANGE y NATIONWIDE MUTUAL INSURANCE COMPANY 17. On or about October 29, 2008, the son of Catherine and Robert Bakibinga, Jeremy Bakibinga, was operating a vehicle owned by Catherine Bakibinga when he crashed the vehicle into a curb located along Harvest Drive in Lower Paxton Township, Dauphin County. 18. At the time of the accident of October 29, 2008, Jeremy Bakibinga was operating a motor vehicle without a driver's license. 19. At the time of the October 29, 2008 accident, Jeremy Bakibinga was operating Catherine Bakibinga's vehicle without her permission. 20. At the time of the October 29, 2008 accident, Jeremy Bakibinga was driving too fast for conditions which caused him to strike the curb along Harvest Drive and cause significant damages to Catherine Bakibinga's vehicle. 21. A true and accurate copy of the Police Report pertaining to the October 29, 2008 accident is attached hereto and marked as Exhibit "A". 22. Under the provisions of the Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. §1718(c)(1), an insurer may exclude any person from benefits under an insurance policy when the person is excluded from coverage while operating a motor vehicle in accordance with an act relating to the writing, cancellation or refusal to renew policies of automobile insurance. 23. The Named Driver Exclusion Endorsement attached as an Exhibit to Plaintiff's Complaint is valid and enforceable pursuant to §1718(c)(1) in that Answering Defendant was authorized to refuse to write a policy of insurance for Jeremy Bakibinga because of his conduct in connection with the October 29, 2008 accident. WHEREFORE, Answering Defendant Erie Insurance Exchange requests that your Honorable Court declare that the Named Driver Exclusion Endorsement issued by it is valid and enforceable and that Jeremy Bakibinga is not entitled to coverage under the Erie policy. Respectfully submitted, rt • r`.~~ effr g, Esquire Att r I. o. 19616 30 rket Street Lemoyne, Pennsylvania 17043 717-761-4540 jbr ,idsw.com Attorney for Defendant Erie Insurance Exchange :416501 VERIFICATION 1, Susan Philson, hereby acknowledge that Erie Insurance Exchange is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer of Defendant with Counterclaim; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. ERIE INSURANCE EXCHANGE By: Susan Philson DATE: CERTIFICATE OF SERVICE AND NOW, this r day of October, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer of Defendant with Counterclaim upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Donald Dorer, Esquire Law Office of Snyder &Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Counsel for Plaintiff Robert and Catherine Bakibinga 4793 Sweetbrier Drive Harrisburg, PA 17111 Defendants Mr. Jeremy Bakibinga 4793 Sweetbrier Drive Harrisburg, PA 17111 Defendant Ms. Pamela Walker 408 Wynnewood Road Harrisburg, PA 17110 Defendant DUFFIE, STEWART ~ WEIDNER COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Case Closed Reportable Crash Page AA 5001 Yes Yes 1 Crash Number Foes.oo~.~ ~. Ponce Agency Data ~Inadent Number PaNce Agency Patrol Zone 20081029M0094-A 22208 3 gency ame re n Hues ga on a e LOWER PAXTON TOWNSaIP POLICE LOWER PABTON POLIC$ 2008-10-29 spa c ime v ime Hues ga or age um er 22:14 22:19 OFC LIIANNA BROOJC 56 Reviewer 9adge Number Approval Date SGT ROBERT ANDERSON 18 2008-12-05 2. Crash Data County County Name Municipality Municipality Name 22 DAIIPHIN 208 LOWER PAXTON TWP Crash Date Crash Time No of Units People Injured Killed Day of Week 2008-10-Z9 21:45 1 1 0 0 4 Wednesday Workzone pp School Bus Relaled rjo School Zone Related j1o Notify PENNDOT Maintenance pp a. roc rye Intersection Type T Iat@r8@Ct2.Oa Special LocationNOt AppliCablB rrnc a ea House Number Route Number Segment (Optional) Travel Lanes Speed Limit 0000 2 25 MPH ame n9 en a on For Mid-block crashes only. HARVEST DR Vakaowa Roule Signing Local Road Or StTeBt 5. Intersect/ng Road Route Number Segment (Optional) Travel Lanes Speed Limit OOOO 2 25 MPH ree ame ee n ing Hen a on SPRING CRSBX DR IIaknowa Route Signing LpCaI Road or Street 6. Distance Fro m Landmark Landmark 1. Intersecting Rt Num or Mite Post or Segment Marker Feet or FAiies or Intersecting trees Name St Ending Ramp Use Only NO Baby Distance From Crash Scene to Landmark 1 Landmark 2. Intersecting R! Num or Mile Post or Segment Marker or n ersec ng ee ame t n mg amp se n y NO Eatry • Degrees Minutes Sec Dec Degrees Minutes Sec Dec Latitude 40 16 :23.750 Longitude 76 47 :5 9.690 Traffic Control Device got Applicable TCD Funcfroning as eontrola one osure Lane Closed xot 1lpplicable Lane Closure Direction ao antsy Traffic Detoured Np Est. Time Closed NO RAtty COMMONWEALTH OE PENNSYlVAN1A POLIQE CRASH REPORTING FORM Page Crash Number AA 51702 2 F~g1~~17 70. Unit Info Type Unit Motar Vehicle in Traaspart Commercial Vehicle No i1. Vehicle Driver/pedestrian information Unit No First Name Mi Date of Birth 1 JEREMY M 1992-07-17 ' Last Name Telephone Number BAKIHINGA 717-561-0359 Address Gty State Zrp Code 4793 t3t~liSBTBRIER DRIVE HARRISBURG PA 17111 Dirvers License Number State Class NONE Alcohol !Drugs Suspected No Driver or Pedestrian Physical Apparently Normal Condition Alcohol Test type Teat Not t3iveA Primary Vehicle Code ~ola6on 1501 {A} Alcohol Test Results ~~~ ? Ye8 No Satty Driver Presence Driver Operated Vehicle Owner/Driver Private Vehicle Not Owned/Leased by Driver 12. Vehicle Information Owner First Name Owner Last Name or Business Name CAT88RINE HAKIBxNGA Address City State Zip Code Vehicle Make 4793 $FiBSTBRZgR DRIVE HARRI$BURQ~ PA 17111 (55) HYUNDAI VIN Model YQar Vehicle Model R2+HiDtJX6D9 8(1344 711 2 0 08 BLANTRA t.icense Plale Reg. State Est. Speed Vehicle Towed Towed By (3WP8571 PA 025 Yes UNICNOS~fli Insurance Insurance Company Policy No. Yes 8RI8 Q10708191H 7raiHng No. of Trailing Units Unit Type Tag No Tag Year Tag State Unit 0 No 8ntry Direction of Travel B Vehicle Position Right non. (curb) Movement 'turning eight Vehicle Color Biue Vehlde Type 7lutomobila Special Usage not 1-pplicabie Initial Impact Poini 11: oo Damage Indicator Punotioani Gradient nev.l Road Alignment straight COMMONWEALTH OF PENNSYLVANIA POLl.CE CRASH REPORTING FORM AA 500 3 F0810017 i 13. EMS Agency I Medical Faa'lity: 14. Unit No 1 Person No O1 Name BAKISINGA, J8R$MY Date of Birth 1992-07-17 Address 4793 3~EBTBRI$R DRIVB Telephone Number 717-561-0359 City HARRISBIIRG State PA Zip Code 17111 EMS Transport No A -Parson Type ariver F -Safety Equipment Two wont Rir ssg nepioysa (aor This B -Sex Nais G -Ejection trot ejected C -Injury Severity Sot Ya jured H -Ejection Path Nat ejected / Aot applicabie D -Seat Positron ariver - 1-il Vehicles (• Extrication Not l~pplicable E -Safety Equipment One Lsp aad shoulder Belt used COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM ~• AA 544 4 Page Crash Numtrer 4 Foeiool~ 15. General Crash Information ~rashDasaintion Hit Fixed Object Relation to Roadway Shou],der Htumin ion Dark - >No Btreetlighta Weather Condifions No Adverse Conditiana Road Surface Cgnditions Wet 'fi. Unit(s) Event Information Un^it N-o~ Harm Event UR Most? UGfity Pole No Unit No Harm Event lJR Most? Utiilty Poie No ~ t~ ait Cuzb iR i Y i ~I ~ ~ ~ __ 1T. First Unit No Harm Event Harmful Event O 1 Hit Curb .tie r•.a~ti MOSt Unit No Harm Event Harmful Event OI Hit Curb the Crash 18. Cantrlbuting Information Environmental /Roadway Potential 1=acfors (E/R) 1. None 2. 3. Possible Vehicle Failures (Vl Unit No I ~. I 1. None 2~ Unit No ~ 1 • 2. Driver Action (D) Unit No ~~ 1. Driving Too Fast For t;onditione ~ L 3. .._ 2. 4. Unit No ~ 1, 3• 2. 4. Pedestrian Action lP) Unit No Unit No 19. Indicated Prime Factor Indicated Prime Factor Unit No Factor Driver Action O1 Driving Too Famt For Conditioas COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM r AA 500 5 Page Crash Number 5 F0810017 20. Diagram ', ?J I w' r i I ~ /+ 1 II J~ + f illltII a i 1 U 9~ i + ~ I ~ _ _...~_ 1! _ ~71I ~ ~ ~~ 7 ~. ~ I • i 77~ . 4, -y ..y /.~ 21. Witness Name Address Phone 1. 2. 22. Narrative Accident Investigation NoBftcation Issued? Yes Property Damage? No INCIDENT CROSS-REFERENCED TO # 20081029M0094 I was dispatched to Harvest Drive and Spring Creek Road for a crash with no injuries. Upon arrival I found a 2008 Hyundai Elantra parked facing south on the northbound side of Harvest Drive. Thew was no one around the vehicle. I ran the registration number and discovered that the.ownexs were Catherine and Robert Bakibinga, 4739 Sweetbrier Drive. I went to the Sweetbrier Drive address and spoke to Mr, and Mrs. Bakibinga who both said that they didn't know the car had been missing. After some investigation it was discovered that their son, Jeremy, 11/17/92, took the car without their knowledge and struck the curb on Harvest Drive. He then returned home on foot and didn't say anything to his parents. ~- Mr. and Mrs,. Bakibinga did not wish to prosecute Jeremy for unauthorized use of a motor vehicle and made arrangements for the vehicle to be towed. From evidence at the scene it appears that Jeremy was operating the vehicle at a speed greater than was zeasonable for the wet road conditions. He attempted to turn from Spring Creek Raad onto Harvest Drive and slid into the curb. COMMONWEALTH OF PENNSYL.YAN(A POLICE CRASH REPORTING FORM ~. Page Crash Number Aa soo rs 6 FO 810 017 122. Narrative and additional Witnesses 1 *** ADDITIONAL NARRATIVE: Jeremy will be sent a citation for operating a vehicle without a driver's license. This case is closed, FILED-OFFICE OF THE PROi;-IOI~OTARY 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp HIII, PA 17011 Telephone Number: (717) 731-0988 Attorneys for PlalntifF zofooe~ i~ n~if~ ~~ ifUP~BERLkl~~3 O~at3iiT`f FEI<~~SYLV'~'aE~ NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER TO COUNTER CLAIM FOR DECLARATORY RELIEF 17. Admitted. 18. Admitted. 19.-20. After reasonable investigation, Nationwide Mutual Insurance Company is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraphs 19 and 20 of the Counter Claim. Therefore, they are denied and strict proof is demanded. 21. Admitted as stated. 22.-23. The allegations in paragraphs 22 and 23 of the Counter Claim are conclusions of law to which no response is required by Nationwide Mutual Insurance Company. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Nationwide Mutual Insurance Company demands judgment in its favor. Respectfully submitted, LAW OFFICE OF SN D R & DORER Date: October 14.2010 By: Donald R. Dorer, Esquire Attorney for Plaintiff, Nationwide Mutual Insurance Company Court I.D. No. 39126 2 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS No. 10-3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: October 14. 2010 Donald R. Dorer, Esquire Attorney for Plaintifff Identification No. 39126 09-018216 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIE INSURANCE EXCHANGE, JEREMY BAKIBINGA, ROBERT AND CATHERINE BAKIBINGA, AND PAMELA WALKER, DEFENDANTS No. 10 - 3819 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Plaintiff herein, and that he caused a true and correct copy of the attached Answer to Counter Claim for Declaratory Relief to be served by regular first class mail upon: Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Defendant, Erie Insurance Exchange Robert and Catherine Bakibinga Jeremy Bakibinga 4793 Sweetbriar Drive Harrisburg, PA 17111 Pamela Walker 670 Maria Drive Harrisburg, PA 171 Date: October 14, 2010 Donald R. Dorer, Esquire Attorney for Plaintiff