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Home My WebLink About01-4867COURT OF COMMON PLEAS DAUPHIN COUNTY CIVIL ACTION SUITS 1998 '-~01- 4~87 t 9§-S 4~)q/__~ q q Entry By Summons ( Complaint Petition ( Appeal Writ of Execution Issued: Custody Assumpsit Divorce Appearance For: Defendant: Mortgage Foreclosure Change of Name Ejectment Quiet Title Appt. of Viewers Replevin Declaration of Taking Forma Paupefis Mental Health Protective Order District Justice Date/Amount Date/Amount Filing Fee ~.00][") t'~) Adm. Fee- Divorce Atty. Appearance~-/-- Adm. Fee-Custody Sheriffs Costs App't. of Master Discontinuance Cash Bond Praecipe for Argt. Cert. of Readiness Rule of Reference Escrow ,Funds June 14~"2001- A Rule is hereby issued upon Defendants to Show Cause within tw~n~y (20) days of the date of service of this Rule why the ease of Erie v. et al filed at No. 2097-98 in the Court of Common Pleas of Dauphin County should . not be coordinated with the case of Erie v. Koranda~ et al filed at No. 98-2327 ~n the Court of Common Pleas of Cumberland County in the Court of Common Pl¢a~ of Cumberland County pursuant to Pennsylvania Rule of Civil Procedure 213.1 /s/ ~wrence . F. Clark, Jr., Judge. See RULE TO SHOW CAUSE filed. August 6, 2001- This Court issues an Order of Coordination pursuant to the Pennsyl-~ vania Rule of Civil Procedure 213.1 directing the Prothonotary for Dauphin County to forward the file materials for the above r~eferenced action to the Prothonotary for Cumberland County so that this matter may be coordinated with the related action pending in Cumberland County (Erie Insurance v. Michael A. Koranda and Ira H. Wein- stock~ P.C.~ No. 98-2327), consistent with the Order of the Honorable Wesley Oler, issued on November 8, 2000. /s/ Richard A. Lewis, Judge. See ORDER filed. Aug 7, 2001- The above action tramsfer to Court of Common ERIE INSURANCE COMPANY Plaintiff VS. RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PA NO. 2097-S-98 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED ~ ORDER AND NOW, This /~"v Ray of August, 2001 this Court issues an Order of Coordination pursuant to the Pennsylvania Rule of Civil Procedure 213.1 directing the Prothonotary for Dauphin County to forward the file materials for the above referenced action to the Prothonotary for Cumberland County so that this matter may be coordinated with the related action pending in Cumberland County (Erie Insurance v. Michael A. Koranda and Ira H. Weinstock, P.C., No. 98-2327), consistent with the Order of the Honorable Wesley Oler, issued on November 8, 2000, Jo Thoma~ E. Brenner, Eaquire I.D. #32085 C, OLDBERG, KATT_bfAN & SHIPMAN, P.C. 320 IVhrket Street P. O. Box 1268 Harrisburg. PA 17108-1268 (717) 234-4161 Counsel for ERIE INSURANCE COMPANY Plaintiff VSo RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants IN TlqE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA : NO. 2097-S-98 ~ CIVIL ACTION - DEC--TORY JUDGMENT ACTION ~i' ~: JURY TRIAL DEMANDED MOTION TO MAKE ~ RULE ABSOLUTE AND NOW, comes Plaintiff, Erie Insurance Company, by its Attorneys, Goldberg, Katzman & Shipman, P.C., who state: Plaintiff Erie filed a Motion with this Court to consolidate this action with a related action in Cumberland County on June 13, 2001. This court issued a Rule to Show Cause attached here to Exhibit A. This Rule was served upon counsel for the Defendants on June 15, 2001 as reflected in Exhibit B here too. The Defendants have not expressed any opposition to the consolidation of these actions and therefore, Plaintiff Erie would request that the Court sign the enclosed Order consolidating the actions before the Cumberland County Court. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~-~~~ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for PlaintiffErie 2 Exhibit A Thomas E. Brenner, Esquire kD. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P O. Box 1268 Hamsburg, PA 17108 1268 (717) 2344161 Counsel for Plaintiff ERIE INSURANCE COMPANY Plaintiff iN ~ COURT OF COMMON PLEAS DAUPHIN COUNTY, PA vs. NO. 2097-S-98 RONALD TOMASKO AND IRAH WEINSTOCK, P.C Defendants CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED R][JLE TO SIt.OW CAUSE AND NOW, this ] /-~X'dday o~)~ 0. , 2001, a Rule is hereby issued upon Defendants to Show Cause within twenty (20) days of the date of service of this Rule why the case of Erie v. Tomasko, et al filed at No. 2097-98 in the Court of Common Pleas of Dauphin County should not be coordinated with the case of Erie v. Koranda, et al filed at No. 98-2327 in the Court of Common Pleas of Cumberland County in the Court of Common Pleas of Cumberland County pursuant to Pennsylvania Rule of Civil Procedure 213.1. JUN 1 5 I herel~y certi~ that the foregoing true and correct copyr, of the original flied. I ~ · BY THE COURT Exhibit B · P.O. Box 1268 · HARRISBURG, P[iNNSYLYANIA 17108-1268 717.234.4161" 717.234.6808 (Fax) GOLDBERG, KATZMAN ~ SHIPMAN, P.C. June 15, 2001 OF COUNSEL LEE SHIPMAN JOSHU^ D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRYB. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS 1~. BRENNER JOHN A. STATLER APRIL L. STK3. NG-KUTAY GUY H. BROOKS JEFFERSON I. SHIPMAN JEEIIY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB ARNOLD B. KOOAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN DELORENgO JOHN 1~. NINOSKY DAVID M. STECKEL James G. Nealon, III, Esquire Nealon &Gover 2411 N. From Street Harrisburg, PA 17110 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PA17102 Re: Erie v. TomaSko Gentlemen: Enclosed please find a Rule to Show Cause in reference to the above matter. TEB/p=jm Enclosure 64405.1 Very truly yours, Thomas E. Brenner CARLISLE OFFICE: 717.245.0597 · YOR~ OFFICE: 717.843.7912 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon thc person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: James G. Neaion, III, Esquire Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PA17102 Date: GOLDBERG, KATZMAN & SBIPMAN, P.C. Thomas E. Brenner, Esquire ERIE INSURANCE COMPANY, Plaintiff Vo RONALD T. TOMASKO and IRA H. WEINSTOCK, P.C., Defendants IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - DECLARATORY JUDGMENT ACTION 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 a_nd Notice are served, by entering a written appearance personally or by attorney and filing in writing with this 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 Plaintiffs. 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 HELP. Court Administrator Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 (717) 257-1599 THOMAS, THOMAS & HAFER, LLP #32574 Erie Insurance Company 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7643 ERIE INSURANCE COMPANY, Plaintiff RONALD T. TOMASKO and IRA H. WEINSTOCK, P.C., Defendants IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - DECLARATORY JUDGMENT ACTION NOTICIA Le han demando a usted in la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrito o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 (717) 257-1599 ERIE INSURANCE COMPANY, Plaintiff Vo RONALD T. TOMASKO and IRA H. WEINSTOCK, P.C., Defendants IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - DECLARATORY JUDGMENT ACTION COMPLAINT FOR DECLARATORY JUDGMENT 1. Plaintiff, Erie Insurance Company, is incorporated under the laws of the Commonwealth of Pennsylvania and maintains a place of business located at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Ronaid T. Tomasko, is an adult individual who resides at 6116 Ironwood Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Defendant Ira H. Weinstock, P.C., is a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 800 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. 4. This is an action for declaratory judgment and is brought pursuant to 42 Pa.C.S.A. §7532 et seq. for the purpose of determining a question in actual controversy between the parties as described in detail herein. 5. This controversy arises under the provisions of two policies of insurance issued by Plaintiff Erie to Defendant Ronald T. Tomasko. 6. The first insurance policy in question is a Homeprotector Insurance Policy, 2005 Ultracover Edition, bearing Policy No. Q59 2402682 H and was issued to Defendant Tomasko for the policy period from November 24, 1996 through November 24, 1997. A true and correct copy of said insurance policy is attached hereto and marked Exhibit A. 7. The second insurance policy in question is a Personal Catastrophe Policy, bearing Policy No. Q25 3150110 H and was issued to Defendant Tomasko for the policy period from January 31, 1997 to January 31, 1998. A true and correct copy of said insurance policy is attached hereto and marked Exhibit B. 8. On January 6, 1997, Defendant Ira H. Weinstock, P.C. commenced a civil action against Defendant Tomasko, Michael A. Koranda, and Tomasko & Koranda, P.C., by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Dauphin County at No. 74-S-1997. 9. A Complaint in the said action was filed on or about December 30, 1997. A true and correct copy of the Complaint is attached hereto and marked Exhibit C. 10. The claims contained in the Complaint arise out of the employment of Defendant Tomasko by Defendant Ira H. Weinstock, P.C. and the opening of a new law fii-m by Defendant Tomasko and Michael A. Koranda on or about January 3, 1997. 11. The Complaint of Ira H. Weinstock, P.C., contains the following claims: -2- Count I - Interference with Contract Count II - Breach of Fiduciary Duty Count III - Unjust Enrichment Count IV - Quantum Meruit Count V - Defamation Count VI - Request for Accounting Count VII - Theft of Services 12. At ail times relevant hereto, the Homeprotector Insurance Policy issued by Plaintiff Erie contained a number of provisions which delineated the scope of coverage potentiaily available under said policy, including the following: We will pay ail sums up to the amount shown on the Decl~mtlo~ which anyone we protect becomes legally obligated to pay as damages because of personal i~ury or property damage resulting from an occurrence during this policy. 13. Under the said Homeprotector Insurance Policy, Plaintiff Erie aiso excluded coverage for personal liability for: (1) Personal injury or property damage expected or intended by anyone we protect. (2) Personal injury or property damage arising out of business pursuits of anyone we protect. Personal injury or property damage arising out of the rendering or failing to render professional services (other than professional services rendered by educators). 14. Under the said policy, Plaintiff Erie aiso excluded coverage for personai liability for: (1) Liability assumed under any omi contract or agreement, or by contract or agreement -3- in connection with amy business of anyone we protect. (10) Suits for libel, slander or defamation of character made against anyone we protect if the publication or statement (a) took place before the effective date of this insurance; or (b) was knowingly untrue. 15. The said Homeprotector Insurance Policy also contained the following applicable policy definitions: "business" means any activity engaged in as a trade, profession or occupation, including fa~ ming. "occurrence" means an accident, including continuous or repeated exposure to the same general harmful conditions. "personal imjury" means: (1) bodily injm3r; (2) libel, slander or defamation of character; (3) false arrest, wrongful detention or imprisonment, malicious prosecution, racial or religious discrimination, wrongful entry or eviction, invasion of privacy or humiliation caused by any of these. 16. At all times relevant hereto, the Personal Catastrophe Liability Policy issued by Plaintiff Erie contained a number of provisions which delineated the scope of coverage potentially available under said policy in which Erie promised to 'pay the ultimate net loss which anyone we protect becomes legally obligated -4- to pay his damages because of personal injury or property damage covered by this policy.' 17. following: The Personal Catastrophe Liability Policy excluded coverage for the 2. per, on=! injury or property ~lRmage expected or intended by anyone we protect. We do cover reasonable acts committed to protect persons or property. 8. personal injury or property NRmage arising out of the rendering or failing to render professional services. 9. personal injury or property d=mage arising out of busineu pursuits or busineu property of anyone we protect. 18. In response to the action commenced by Defendant Ira H. Weinstock, P.C., Defendant Tomasko sought coverage under the insurance policies issued by Plaintiff Erie. 19. Following receipt of the request for coverage, Plaintiff Erie, by its counsel, issued a declination of coverage letter. 20. Under the express terms of the insurance policies and applicable Pennsylvania law, Plaintiff Erie Insurance Company maintains and contends that no coverage exists under the insurance policy for the reasons stated above, including, but not limited to the following: The allegations contained in the Complaint do not constitute an occurrence; -5- The claims against Defendant Tomasko for interference with contract, breach of fiduciary duty, unjust enrichment, quantum meruit, request for accounting and theft of services do not allege personal injury or property damage as defined in the policies; c. The claims arise out of conduct that falls within the exclusions contained in the policies; d. The claims for punitive damages are not covered under applicable Pennsylvania law; and e. The claims are excluded from coverage since they arise out of the rendering or failing to render professional services or they were expected or intended by Defendant Tomasko. 21. All persons who have any interest which would be affected by the declaratory relief requested herein have been joined as parties for purposes of this action. WHEREFORE, Plaintiff Erie Insurance Company, requests that the Court enter a declaratory judgment that: -6- bo Co do Defendant Ronald T. Tomasko is not covered under the said policies of insurance issued by Erie Insurance Company; That Erie Insurance Company is not obligated to provide Defendant Tomasko with a defense to the action brought by Ira H. Weinstock, P.C. That Erie Insurance Company has no duty to indemnify Defendant Tomasko against any verdict, award or judgment which might be entered against Defendant Tomasko in the action brought by Ira H. Weinstock, P.C.; and That the Court provide such other relief as is deemed necessary or appropriate under the circumstances. DATED: THOMAS, THOMAS & HAFER, LLP dames K. Thomas, II, Esquire Attorney I.D. 15613 David L. Schwalm, Esquire Attorney I.D. $2574 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7643 Attorney for Plaintiff -7- VERIFICATION I, Thomas R. Heim, authorized representative of Erie Insurance Company, having read the foregoing Complaint for Declaratory Judgment, hereby verify and affirm that the averments contained therein are true and correct to the best of my personal knowledge or information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Thomas R. Heim Exhib~A · CONTINUATION NOTICE HOMEPROTECTOR POLICY ULTR~CO~ER AA7066 FETROW INS ASSOCIATES 11/24/96 TO 11/24/97 Q59 2402682 H RONALD T TOMASKO & JOYCE E FRY 6116 IRONWOOD DR HARRISBURG PA 17112-8548 AS LISTED BELOW OR ON REVERSE SIDE AGENT - FETROW INS ASSOCIATES 5299 E. TRINDLE RD. AGENT PHONE - (717) 766-3200 MECHANICSBURG PA 17055 COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION OF THE INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN FORCE. LOCATION OF RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC DESIGNATION IS NEEDED. ZIP CODE - 17112 DAUPH C~ PROPERTY INFORMATION - PRIMARY RESIDENCE, YEAR OF CONSTRUCTION 1993, FRAME, PROTECTION CLASS B. PROPERTY IS WITHIN 500 FEET OF A FIRE HYDRANT AND WITHIN 2 MILES OF A RESPONDING FIRE DEPARTMENT. AUTOMATIC ADJUSTMENT OF COVERAGE WAS APPLIED. YEARLY INCREASE ON DWLG IS THE AMOUNT OF INSURANCE APPLYING TO THE DWELLING IS THE REPLACEMENT COST AT THE TIME OF THE LOSS. 4%. SECTION I - PROPERTY PROTECTION DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE SECTION II HOME AND FAMILY LIABILITY P~OTECTION PERSONAL LIABILITY - EACH OCCURRENCE $ 500,000 MEDICAL PAYMENTS TO OTHERS - EACH PERSON $ 1,000 PREMIUM CHARGE FOR INCREASED LIABILITY LIMITS FULL TERM PREMIUM FOR THIS RESIDENCE ...... FULL TERM ADDITIONAL COVERAGE PREMIUM ..... TOTAL PREMIUM FOR THIS POLICY ......... SECTION I DEDUCTIBLE $ 250. APPLICABLE FORMS - 2005 12/92, HP-PA 12/92, HP-EJ 01/96-, UF8705 06/96*, UF6523 09/91', UF-8713 09/96-, IM-PA 11/87. AMOUNT OF INSURANCE PREMIUMS REPLACEMENT COST $ 255.00 $ 29,500 $ 110,625 LOSS SUSTAINED NOT TO EXCEED 12 CONSECUTIVE MONTHS $ 20.00 $ 275.00 $ 72.00 $ 347.00 HP-ED 03/95, HP-EH 11/95, HP-AAN 12/92, IM-100 09/96*, SEE REVERSE SIDE AGTTE RLD 10/12/96 PRIFa~Ry RESIDENCE-MORTGAGEE LN 01952956 COLUMBIA NATIONAL INC ITS SUCCESSORS &/OR ASGS ATIMA P O BOX 905 COLUMBIA MD 21044-0905 NO BUSINESS PURSUITS ARE CONDUCTED AT THE PREMISES, EXCEPT AS FOLLOWS ADDITIONAJL COVERAGES YOUR BASIC DWELLING PREMIUM REFLECTS OUR NEWER HOME DISCOUNT PREMISES ALARM SYSTEM - TYPE 2 MULTI-POLICY DISCOUNT APPLIES PREMIUMS INCL ABOVE $ 13.00CR $ 13.00CR WE COVER THE FOLLOWING CLASSES OF INLAND MARINE PROPERTY JEWELRY, AS SCHEDULED AMOUNT OF INSURANCE $ 8,950 SCHEDULE OF COVERAGES BY ITEM JEWELRY 1) LADYS 14K Y/GOLD & W/GOLD ENGAGEMENT RING WITH ONE ROUND DIAMOND, 1.51CT & TWO TAPERED BAGUETTE DIAMONDS, TW .23CT ADDITIONAL PREMIUMS $ 98.0O AMOUNT OF INSURANCE $ 8950 10 WHERE TO LOOK IN YOUR POLICY PAGE Additional Losses We Will Pay--Section I Automatic Garage Door Opener .............................. 8 Collapse .................................................................... 8 Credit Card, Charge Plate, Check Forgery & Counterfeit Money Protection ............................ 8 Debris Removal After Loss ...................................... 9 Emergency Removal of Property ............................. 9 Fire Department Service Charges .......................... 9 Fire Extinguisher Recharge ....................................9 Lock Replacement After Loss .................................. 9 Loss Assessment (Sections I & II) ........................... 9 Mechanical Servant and Robot Protection ............. 9 Necessary Repairs After Loss ................................. 9 Non-Owned Residences ........................................... 9 Trees, Shrubs, Plants and Lawns ........................... 9 Agreement .................................................................... 3 Amounts of Insuranc~Section II ........................... 13 Coverages--Sections I & II Dwelling Coverage ................................................... 5 Loss of Use Coverage ............................................... 6 Medical Payments To Others Coverage ............... 13 Other Structures Coverage .....................................5 Personal Liability Coverage .................................. 13 Persona] Property Coverage ....................................5 Deductible--Section I ................................................ 10 Description of Insured Property ............. Declarations Perils We Insure Against--Section I .......................... 6 Policy Definitions--Sections I & II ............................. 3 Rights and Duties--Conditions General Policy Conditions--Section III Accounting .............................................................. i7 Assignment ............................................................ 17 Cancellation ........................................................... 17 Concealment, Fraud, or Misrepresentation ......... 17 Cooperation ............................................................ 17 How Your Policy May Be Changed ....................... 17 No Contingent Liability ......................................... 17 Our Right To Recover From Others ...................... 18 Policy Acceptance and Cooperation ...................... 18 P'AGE Policy Period .......................................................... 18 Priority ................................................................... 18 Time of Inception ................................................... 18 Home and Family Liability Protection-- Conditions--Section II Bankruptcy of Anyone We Protect ........................ 15 Duties of An Injured Person--Medical Payments To Others Coverage ......................... 15 Limits of Protection ............................................... 15 Other Insurance--Personal Liability Coverage ... 16 Suit Against Us ...................................................... 16 Your Duties After a Loss ....................................... 16 Property Protection--Conditions--Section I Abandonment of Property ..................................... 10 Appraisal ................................................................ 10 Automatic Adjustment of_Co.verage Amounts ...... 10 ERIE Option ........................................................... 10 Glass Replacement ................................................ 10 Increase of Hazard .................................................10 Loss Payment ......................................................... 10 Loss Settlement ..................................................... 10 Loss To a Pair or Set ..............................................10 Mortgage Clause ....................................................10 No Benefit to Bailee ...............................................12 Other Insurance ..................................................... 12 Permission Granted To You .................................. 12 Recovered Property ................................................ 12 Suit Against Us ...................................................... 12 Your Duties After a Loss ....................................... 12 What We Also Pay--Section II Claim Expenses .....................................................15 Damage To Property of Others ............................. 15 First Aid Expenses .................................................15 Loss Assessment--Personal Liability Coverage .. 15 What We Do Not Cover--Exclusions-- Sections I & II Home and Family Liability Protection ................. 13 Property Protection .................................................. 6 2 ERIE INSURANCE GROUP is proud to present The ' ERIE'.~ Ultracovgr Policy. This important contract tween YOU and The ERIE consists of this policy wilh coverage agreements, limitations, exclusions and condi- tions, a Declarations, plus any endorsements. It is written in plain, simple terms so that it can be easily understood. We urge YOU to read it. This policy contains many EXTRA PROTECTION FEA- TURES developed by The ERIE. Wherever an'~" appears in the margin of this pol.icy, YOU receive EXTRA PRO- TECTION, either as additional coverage or ~,s a coverage ~h~t is not in most homeowners policies. The protection given by this policy is in keeping with the single purpose of our Founders: "To provide YOU with as near PERFECT PROTECTION, as near PERFECT SERVICE, as is humanly possible, and to do so at the LOWEST POSSIBLE COST." AGREEMENT ERIE INSURANCE EXCHANGE ONLY In return for your timely premium payment, your compliance with all of the provisions of this policy, and your signing ora Subscriber's Agreement with Erie Indemnity Company and other Subscribers, we agree to provide the coverages you have purchased. Your coverages and (amounts of insurance) are shown on the Declarations, which are part of this policy. Your signing the Subscriber's Agreement, which includes a limited power-of-attorney, permits Erie In- demnity Company, as Attorney-in-Fact, to make recip- rocal insurance contracts between you and other Sub- scribers and otherwise manage the business of the Erie Insurance Exchange. This power-of-attorney applies only to your insurance business at the Exchange and is limited to the purposes described in the Subscriber's Agreement. Your responsibility as a Subscriber is determined by this policy and the Subscriber's Agreement. You are liable for just the policy premiums charged and are not subject to any other premium liability under the policy. This agreement is made in reliance on the information you have given us, and is subject to all the terms of this policy. This policy, all endorsements to it, and the Subscriber's Agreement constitute the entire agreement between you and us. ERIE INSURANCE COMPANY ONLY In return for your timely premium payment and your compliance with all of the provisions of this policy, we agree to provide the coverages you have purchased. Your coverages and (amounts of insurance) are shown on the Declarations, which are part of this policy. This agreement is made in reliance on the information you have given us, and is subject to all the terms of this policy. This policy and all endorsements to it constitute the entire agreement between you and us. APPLICABLE TO ERIE INSURANCE EXCHANGE and ERIE INSURANCE COMPANY We promise, upon timely payment of the premium and compliance with the provisions of this policy and its endorsements: (1) To cover you from 12:01 A.M., Standard Time, at the location of the insured property, on the date shown on the Declarations as the first day of the policy period. Coverage will continue in force until terminated. (2) To protect you up to the amounts specified in the policy. You may not transfer this policy without our consent. This policy is made and accepted subject to these and following provisions, including those which may be added by endorsement. POL;CV DEF;NITIONS Throughout your policy and its endorsements the fol- lowing words have a special meaning when they appear in bold type. "aircraft" means any machine or device capable of atmospheric flight except model airplanes. "anyone we protect" means you and the following residents of your household: (1) relatives and wards; (2) other persons in the care of anyone we protect. Under Ho~ne and Family Liability Protection, anyone we protect also means: (3) any person or organization legally responsible for animals or watercraft which are owned by you, or any person included in ( 1 ) or (2), and covered by this policy. Any person or organization using or having custody of these animals or ~vatercraft in the course 3 of any business, or without permission of the o~Vn~,r is not,anyone we protect; (4) any person with respect to any vehicle covered 5y this policy. Any person using or having custody of this vehicle in the course of any business use, or without permission of the owner is not anyone we protect. "bodily injury" means physical harm, sickness or dis- ease, including mental anguish, care, loss of services, or resulting death. Bodily injury does not include: (1) any communicable disease or condition transmit- ted by any insured to any other person through a parasite, virus, bacteria or any other organism. (2) the exposure to or transmission of any disease, parasite, virus, bacteria or other organism by any insured to any other person. "business" means any activity engaged in as a trade, profession or occupation, including farming. "Declarations" means the form which shows your coverages, amounts of insurance, premium charges and other information. This form is part of your policy. Your policy is not complete without this form. The Declara- tions may be revised and updated by a form called the Amended Declarations which then becomes the appli- cable coverage. "insured location" means: (1) the residence premises; (2) the part of any other premises, other structures, and grounds acquired by you during the policy period which you intend to use as a residence premises; (3) any premises used by anyone we protect in connection with premises included in (1) or (2); (4) any part of a non-owned premises: (a) where anyone we protect is temporarily re- siding; or (b) occasionally rented to anyone we protect for non-business purposes; (5) vacant land, other than farmland, owned by or rented to anyone we protect; (6) land owned by or rented to anyone we protect on which a one or two family residence is being built for occupancy by anyone we protect; (7) cemetery plots or burial vaults of anyone we protect. "medical expense" means reasonable charges for nec- essary medical, surgical, x-ray and dental services, in- cluding prosthetic devices, eyeglasses, contacts, hearing aids and pharmaceuticals; and also includes ambulance, hospital, licensed nursing and funeral services. "occurrence" means an accident, including continuous or repeated exposure to the same general harmful con- ditions. "personal injury" means: (L) bodily injury; ' , (2) libel, slander or defamation of character; (3) false arrest, wrongful detention or imprisonment, malicious prosecution, racial or religious discrimi- nation, wrongful entry or eviction, invasion of pri- vacy, or humiliation caused by any of these. "property damage" means damage to or loss of use of tangible property. "residence employee" means an employee of anyone we protect who performs duties in connection with the maintenance or use of the residence premises, includ- ing similar duties elsewhere, not in connection with the business of anyone we protect. "residence premises" means the dwelling where you reside, including the structures and grounds, or that part of any other building where you reside and which is shown as "residence premises" on the Declarations. ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS The following words have a special meaning in policies issued by Erie Insurance Exchange when they appear in bold type. "Subscriber" means the person(s) who signed the Subscriber's Agreement. "Subscriber's Agreement" means the agreement, in- cluding a limited power-of-attorney, among the Sub- scribers and the Erie Indemnity Company, as Attor- ney-in-Fact. "We," "us" or "our" means the Subscribers at Erie Insurance Exchange as represented by their common Attorney-in-Fact, Erie Indemnity Company. '~ou," "your" or "Named Insured" means the Sub- scriber and others named in Item I on the Declara- tions. Except in the GENERAL POLICY CONDITIONS, these words include the spouse of the Subscriber if a resident of the same household. ADDITIONAL ERIE INSURANCE COMPANY DEFINITIONS The following words have a special meaning in policies issued by Erie Insurance Company when they appear in bold type. "We," "us" or "our" means Erie Insurance Company. '~You," "your" or "Named Insured" means the person(s) named in Item i on the Declarations. Except in the GENERAL POLICY CONDITIONS, these words in- clude your spouse if a resident of the same household. WHEN AND WHERE THIS POLICY Al:PLIES This policy applies to losses that occur during the policy period. The policy period is shown on the Declarations or Amended Declarations. 4 Section 1--Property Protection. This policy applies to property,losses a's designated in the specific coverage, and at the location(s) insured under this policy, ih addition, Personal Property is covered while located anywhere in the world. Section Il--Home and Family Liability Prptection. This ,policy applies to personal injury and propgrty ~d~,m- age losses occurring anywhere in the world. SECTION I--PROPERTY PROTECTION X DWELLING COVERAGE--OUR PROMISE We will pay for loss to: (1) Your dwelling at the residence premises shown on the Declarations. Dwelling includes attached structures, and building equipment and fixtures servicing the premises. (2) Construction material at the residence premises for use in connection with your dwelling. This coverage does not apply to land. OTHER STRUCTURES COVERAGE-- OUR PROMISE We will pay for loss to: (1) Other structures at the residence premises sepa- rated from the dwelling, including garages, fences, shelters, tool sheds or carports. Structures connected to the dwelling by only a fence, utility line, or similar connection are consid- ered to be other structures. (2) Construction material at the resldenee premises for use in connection with your other structures. We do not pay for loss to structures used in whole or in part for business purposes (except rental or holding for rental of structures used for private garage purposes). This coverage does not apply to land. PERSONAL PROPERTY COVERAGE-- OUR PROMISE We will pay for loss to: (1) Personal property owned or used by anyone we protect anywhere in the world. (2) At your option, personal property owned by others while the property is on your residence pre- mises. (3) At your option, personal property of: (a) guests and residence employees while the property is in a residence occupied by anyone we protect; (b) residence employees away from the resl- donee premises while actually engaged in the service of anyone we protect. (4) At your option, building additions, alterations, fixtures, improvements or installations made, or acquired at your expense, by you to residences occupied by but not owned by you, for an amount not exceeding 10% of the amount of insurance under this coverage. Payment will not increase the applicable amount of insurance under this policy. (5) Cemetery property, including monuments, head- stones, gravemarkers, and urns. (6) Animals, birds and fish, but only while on the X residence premises, for the following perils cov- ered under Perils We Insure Against: fire or light- ning, windstorm or hail, explosion, sonic boom, riot or civil commotion, aircraft, vehicles, smoke and vandalism or malicious mischief. (7) Electronic apparatus, wh~le in or upon a motor X vehicle or other motorized land conveyance, if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power. Electronic ap- paratus includes cellular phones, fax machines, radios, tape players and accessories used in con- junction with such apparatus including, antennas, tapes, wires, records, discs or other media. We do not pay for loss to: XX (1) Land motor vehicles and parts. We do cover ve- hicles designed to assist the handicapped, and vehicles used to service the residence premises, not subject to motor vehicle registration. (2) Aircraft and parts. (3) Property rented or held for rental to others away from the residence premises. (4) Property of roomers, boarders or tenants not re- lated to anyone we protect. (5) (a) Books of account, drawings, or other paper records; or (b) electronic data processing tapes, wires, records, disks, or other software media; containing business data. However, we do cover the cost of unexposed or blank records or media. (6) Radios, tape players and other equipment or de- vices for the recording, reproduction, receiving or transmitting of sound or pictures which may be operated by power from the electrical system of a land motor vehicle and permanently mounted while in or upon that vehicle. Accessories to these devices, including antennas, tapes and records are not cov- ered while in or upon a land motor vehicle. X X X X × × (7) Radar detectors. (8) Property Sl~cifically insured by this or any otlgCr' insurance. (9) Except as provided under Personal Property Limi- tations, property pertaining to a business con- ducted away from the residence premises unless at the time of loss such property is on the resi- dence premises. However, we do not cover such property on the residence premises while it is stored, held as samples, or held for sale or delivery after sale. Limitations apply to the following personal property. These limits do not increase the amount of insurance under Personal Property Coverage: Total Amount Description of Personal of Insurance Property Subject to In Any One Loss Limitations $ 500 · Animals, birds and fish $ 500 · Money, bank notes, bullion, numis- $2000 $2000 $2000 $2000 $25OO $3000 $30O0 $3000 matic property, gold other than goldware or gold-plated ware, sil- ver other than silverware or silver- plated ware, and platinum · Accounts, bills, deeds, evidences of debt, letters of credit, notes other than bank notes, passports, securi- ties, tickets, stamps and philatelic property · Trailers and campers not other- wise insured, whether licensed or not · Watercraft, including their trailers (whether licensed or not), furnish- ings, equipment and outboard mo- tors · Manuscripts · Property pertaining to a business actually conducted on the resi- dence premises, including prop- erty in storage, held as samples, or held for sale or delivery after sale. A $500 limitation applies to any business property away from the residence premises, regardless of whether the business is con- ducted on or away from the resi- dence premises. · Theft, misplacing or losing of guns · Theft, misplacing or losing ofje~v- elry, watches, furs, precious and semi-precious stones · Theft, misplacing or losing of sil- verware, silver-plated ware, goldware, gold-plated ware and pewterware 10% of · Personal property usually situated Personal at any residence own'ed or occt4pied ' ' Property by anyone we protect:other than Coverage a residence premises. Personal property in a newly-acquired prin- cipal residence is not subject to this limitation for the 30 days immedi- ately after you begin to move prop- erty there. LOSS OF USE COVERAGE--OUR PROMISE If an insured property loss makes your residence premises uninhabitable, we will pay all reasonable additional living expenses while you and members of your household reside elsewhere. Payment shall be for the shortest time required to repair or replace the premises or, if you choose, for you to permanently relocate. These payments will not exceed a 12 month period. We will also pay for your loss of normal rents resulting from the loss, less charges and expenses which do not continue while the rented part of the residenee pre- mises is uninhabitable. We will pay this loss of normal rents only until the rented part_ is ..habitable. If a loss from a peril covered under Perils We Insure Against occurs at a neighboring premises, we will pay additional living expenses and loss of normal rents for up to two weeks should civil authorities prohibit you from occupying your premises. These periods of time are not limited by the expiration of this policy. No deductible applies to this coverage. We will not pay for loss or expense due to the cancella- tion of any lease or agreement. This coverage also applies to a loss at a covered second- ary location. PERILS WE INSURE AGAINST We pay for direct physicalloss to property insured under X the Dwelling, Other Structures and Personal Property Coverages, except as excluded or limited herein. WHAT WE DO NOT COVER--EXCLUSIONS Under the Dwelling, Other Structures and Personal Property Coverages: We do not pay for loss resulting directly or indirectly from any of the following, even if other events or happen- ings contributed concurrently, or in sequence, to the (1) by collapse, other than as provided in Additional Losses We Will Pay, (2) Collapse. (2) caused by freezing by temperature reduction of a plumbing, heating, air conditioning, or fire protec- tive system, or of a household appliance, or by discharge, leakage or overflow from ;vithin the system or appliance caused by freezing, while the dwelling is vacant, unoccupied or being constructed. There is coverage if you have used reasonable care la) maintain heat in the building; or (b) shut offthe water supply and drain the system or appliances of xvater. (3) by freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a fence, pavement, patio, swimming pool, foundation, re- taining wall, bulkhead, pier, wharf or dock. (4) caused by: (a) termites, insects, vermin or rodents; (b) mechanical breakdown, deterioration, wear and tear, marring, inherent vice, latent defect, rust, smog; wet or dry rot and mold; (c) contamination; (d) smoke from agricultural smudging or indus- trial operations; (e) bulging, cracking, expansion, settling or shrink- ingin ceilings, foundations, floors, patios, pave- ments, roofs or walls. If(a) through (e) cause water damage not otherwise excluded, from a plumbing, heating, air condition- ing, or fire protective system, household appliance, waterbed or aquarium, we cover loss caused by the water. Coverage includes the cost of tearing out and replacing any par[ of a building necessary to repair the system or appliance. This does not include loss to the defective system or appliance (other than a waterbed or aquarium) from ~vhich the water es- caped; or (5) caused by animals or birds kept by anyone we protect or kept by a residence employee of anyone we protect. (6) by theft of property from within a dwelling under construction unless that property has become a part &the building, or of materials and supplies for use in the construction until the dwelling is com- pleted and occupied. Under items (1) through (6) any ensuing loss not ex- cluded is covered. (7) by earth movement, due to natural or manmade events meaning earthquake, including land shock waves, or tremors before, during, or after a Volta nic Eruption, mine subsidence; landslide; mudslide; mud flow; earth sinking, rising or shifting. Direct loss by fire, explosion, sonic boom, theft or breakage of glass resulting from earth movement; mine sub- ~iden?.; landslide; mudslide; mud flow; earth sink- ing, nsmg or shifting is covered. (8) by water damage, meaning: (a) flood, surface water, waves, tides, tidal waves or overflow of any body of water. We do not cover spray from any of these, whether or not driven by wind; (b) water or sewage which backs up through sew- ers or drains; or (c) water.below the surface of the ground. This includes water which exerts p~essure 'o,~, or " flows, seeps or leaks through any part bf a building or other structure, sidewalk, drive- way, foundation, or swimming pool. We do pay for direct loss that follows, caused by fire, explosion, sonic boom or theft. (9) by power interruption if the interruption takes place away from the residence premises. How- ever, we will pay for loss to the contents of refrig- erator or freezer units on the residence premises, X from either power or mechanical failure (other than contents used for bt~siness purposes). Ifa loss from a peril covered under Perils We Insure Against happens on the residence premises as a result of a power interruption off premises we will cover only loss caused by that peril. We will pay for loss X caused by a power interruption occurring on the residence premises. (10) by war, whether declared or undeclared, discharge of a nuclear weapon (even if accidental), hostile or warlike action in time of peace or war, insurrection, rebellion, revolution, civil war, usurped power, in- cluding action taken by gov_eru..mental authority in defending against such an occurrence. (11) by nuclear action or radiation or radioactive con- tamination, however caused. Nuclear action in- cludes nuclear reaction, discharge, radiation or radioactive contamination, whether manmade or occurring naturally. Loss caused by nuclear action is not considered loss by fire, explosion, sonic boom, or smoke. If direct loss by fire results, we will pay for that resulting loss. (12) by radon gas contamination. (13) bY the enforcement of any law or ordinance regulat- ing the construction, repair or demolition ora build- ing or other structure, unless specifically prowided under this policy. We do cover loss caused by actions ofciviI authorities to prevent the spread of a fire caused by a peril covered under Perils We Insure Against. (14) by neglect of anyone we protect to use all reason- able means to protect covered property at and after the time of loss or when property is threatened by a peril covered under Perils We Insure Against. (15) by intentional acts, meaning any loss arising from an act committed by or at the direction of anyone we protect with the intent to cause a loss. (16) by acts or decisions, including the failure to act or decide, of any person, group, organization, or gov- ernmental body if any peril excluded by this policy contributes to the loss in any way. 7 Under the Dwe, llin,g Coverage and Other Structures Coverage: We do not pay for loss: (1) by weather conditions if any peril excluded by this policy contributes to the loss in any way. (2) by, resulting from, contributed to or aggravated by faulty or inadequate (a) planning, zoning, development; (b) design, development of specifications, work- manship, construction; (c) materials used in construction; or (d) maintenance; of property whether on or off the residence premises by any person, group, organization, or governmental body if any peril excluded by this policy contributes to the loss in any way. Under the Personal Property Coverage: We do not pay for loss: (1) caused solely by breakage of eyeglasses, glassware, statuary, marble, bronzes, bric-a-brac, porcelains, jewelry, watches, cameras, photographic lenses and similar fragile articles. There is coverage for break- age of the property by or resulting from fire, light- ning, windstorm, hail, explosion, sonic boom, riot or civil commotion, aircraft, vehicles, smoke (unless caused by agricultural smudging or industrial op- erations), vandalism or malicious mischief, theft including attempted theft, water unless otherwise excluded, and sudden and accidental tearing apart, cracking, burning or bulging of a steam, hot water or air conditioning system. (2) by dampness of atmosphere or extremes of tem- perature unless the loss is directly caused by rain, snow, sleet or hail. (3) by damage to property (other than jewelry, watches and furs) being refinished, renovated or repaired. (4) by collision (other than collision with a land ve- hicle), sinking, swamping or stranding of water- craft including their trailers, furnishings, equip- ment and outboard motors. (5) by seizure, destruction or confiscation by order of any government or public authority. ADDITIONAL LOSSES WE WILL PAY X 0-) AUTOMATIC GARAGE DOOR OPENER We will pay up to $500 for loss to personal property, including the garage door, at the residence premises resulting from the use or malfunction of an automatic garage door opener. (2) COLLAPSE W.~ pay for direct physical loss to msured;l~roperty involving collapse of a building, or any part of a building', caused only by one or more of the following: (a) fire or lightning, windstorm or hail, explosion, ~..] sonic boom, riot or civil commotion, aircraft, vehicles, vandalism or malicious mischief, breakage of glass, falling objects, or weight of ice, snow or sleet; (b) hidden decay, or hidden insect or vermin dam- age; (c) weight of people, animals, contents or equip- ment; (d) weight of rain which collects on a roof; (e) use of defective materials or methods in con- struction, remodeling, or renovation if the col- lapse occurs during the course of the construc- tion, remodeling or renovation. We will not be liable for loss under (b), (c), (d) or (e) above to the following property unless the loss is a direct result of the collapse of a building: Cloth awnings, fences, pavements, patios, swim- X ming pools, underground pi~es,'lques, drains, cess- pools, septic tanks, foundations, retaining walls, bulkheads, piers, wharves or docks. Collapse does not include settling, cracking, shrinkage, bulging or expansion. Payment will not increase the amount of insurance applying to the loss. '~" (3) CREDIT CARD, CHARGE PLATE, CHECK FORGERY & COUNTERFEIT MONEY PROTECTION We will pay up to $2500 for the legal obligation of X anyone we protect to pay because of theft, forgery or unauthorized use of any credit or fund transfer card, charge plate, check or negotiable instrument issued to or registered in the name of anyone we protect. We will also pay for loss each time anyone we protect unknow- ingly accepts counterfeit money. No deductible applies. X We require evidence of loss. We will not pay for: (a) loss arising from any business; (b) loss arising from anyone we protect. When loss is discovered anyone we protect must give us immediate notice. If the loss involves a credit or fund transfer card or charge plate, anyone we protect must also give immediate notice to the issuer of the card or plate. Failure to comply with the terms and conditions of the card or plate voids this protection. Ifa loss occurring during the policy period is discovered X within a year after the policy has been canceled, we will pay for the loss. If a prior loss is discovered during the policy period and no other insurance applies, we will pay for the loss. We have the right to investigate and settle .~ any claim or suit before making payment. Full payment X X X of the amount of insurance ends our obligation under eac}'; cl¢im or s.uit. Repeated losses caused by or involving one person a)e to be considered one loss. Ifa claim is made or suit is brought against anyone we protect for liability under the Credit Card or Charge Plate Protection, we will provide a defense. The defense will be at our expense, with a lawyer we choose. We have the option under the Check Forgery Protection to defend at our expense anyone we protect or their bank against a suit for the enforcement of payment. (4) DEBRIS REMOVAL AFTER LOSS We will pay the expense for removal of: (a) debris of covered property following loss under Perils We Insure Against; (b) ash, dust or particles from volcanic eruption that has caused direct loss to a building or property within a building; or (c) fallen trees which cause damage to covered property, provided coverage is not afforded elsewhere by this policy. If the amount of insurance applying to the loss is ex- hausted, we will pay up to an additional 5% of the amount of insurance applying to the damaged property for removal of debris. We will also pay up to $500 per occurrence for the removal of fallen trees on the residence premises if loss is caused by windstorm, hail or weight of ice, snow or sleet even when covered property is not damaged. (5) EMERGENCY REMOVAL OF PROPERTY We will pay for property damaged in any way while removed from your residence premises because of danger from an insured peril. Coverage is limited to a 30- day period from date of removal. Payment will not increase the amount of insurance applying to the loss. (6) FIRE DEPARTMENT SERVICE CHARGES We will pay all reasonable fire department service charges to save or protect insured property. Payment is in addition to the amount of insurance applying to the loss. No deductible applies. (7) FIRE EXTINGUISHER RECHARGE We will pay expenses incurred to recharge portable fire extinguishers after they are used to fight a fire. No deductible applies. (8) LOCK REPLACEMENT AFTER LOSS At your request, we will pay up to $250 to replace keys and locks to the exterior doors of the residence pre- mises, as well as keys and locks to your other property (autos, boats, etc.), if the keys are stolen during a theft loss. This coverage does not apply to keys and locks pertaining to business property. No deductible applies. We will pay for replacement of automatic garage door [ransmitters when a transmitter has beehstolenJ(~over_ "age is also provided for the cost to reprogCam thd fre- quency on additional transmitters and/or the control unit box. No deductible applies to the replacement of automatic garage door transmitters. (9) LOSS ASSESSMENT (Applicable to Section I & Section Il--Personal Liability Coverage Only) We will reimburse you for an assessment charged against you as owner or tenant of the residence premises by an association or corporation of property owners, minus any other valid and collectible insurance available to the association or corporation covering the same assess- ment. The assessment must result from an occurrence covered under this policy. Unless otherwise shown on the Declarations, our amount of insurance for this protection is $5000 per X assessment. If you are assessed for a covered water loss, we will pay your share of the cost of tearing out and replacing any part of an insured location necessary to repair the system or appliance. The policy deductible applies under Section ! only. We will not pay if the loss is caused by earthquake or land shock waves or tremors which occur before, during or after a volcanic eruption. We also will not pay for any loss assessments charged by a governmental body. (10) MECHANICAL SERVANT AND ROBOT X PROTECTION We will pay up to $500 for loss to personal property at the residence premises caused by malfunction of a me- chanical servant or robot. (11) NECESSARY REPAIRS AFTER LOSS We will pay the reasonable expense for necessary re- pairs to protect covered property from further damage after loss by a peril covered under Perils We Insure Against. Payment will not increase the amount of insur- ance applying to the loss. (12) NON-OWNED RESIDENCES X We will pay up to $1000 for loss by theft and vandalism or malicious mischief to residences occupied by but not owned by anyone we protect. (13) TREES, SHRUBS, PLANTS AND LAWNS We will pay up to an additional 5% of the amount of insurance under Dwelling Coverage for loss to trees, shrubs, plants and lawns at the residence premises. Coverage applies only to loss caused by the following perils covered under Perils We Insure Against: fire or lightning, explosion, sonic boom, riot or ciwil commotion, aircraft, vehicles, smoke, vandalism or malicious mis- X chief, and theft. 9 , We will not pay for: (a)' more ttian $500 on any one tree, shrub or plar~t;' (bi damage to lawns by vehicles owned or operated by a resident of the residence premises; (c) trees, shrubs, plants or lawns grown for busi- ness purposes. DEDUCTIBLE We will pay for loss minus the deductible shown on the X Declarations. In the event of total loss to the Dwelling from a covered peril, the deductible will not apply. The deductible does not apply to: (a) Loss of Use Coverage. (bi Credit Card, Charge Plate, Check Forgery & Counterfeit Money Protection. (c) Fire Department Service Charges. (d) Fire Extinguisher Recharge. (e) Lock Replacement After Loss. RIGHTS AND DUTIES--CONDITIONS (1) ABANDONMENT OF PROPERTY We will not accept abandoned property. (2) APPRAISAL If you and we fail to agree on the amount of loss, either party may make written demand for an appraisal. Each party will select an appraiser and notify the other of the appraiser's identity within 20 days after the demand is received. The appraisers will select a competent and impartial umpire. If the appraisers are unable to agree upon an umpire within 15 days after both appraisers have been identified, you or we can ask a judge of a court of record in the state where your residence premises is located to select an umpire. The appraisers shall then set the amount of loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon shall be the amount of loss. If they cannot agree, they will submit their differences to the umpire. A written award by two will determine the amount of loss. Each party will pay the appraiser it chooses, and equally bear expenses for the umpire and all other expenses of the appraisal. However, if the written demand for ap- praisal is made by us, we will pay for the reasonable cost of your appraiser and your share of the cost of the umpire. We will not be held to have waived any rights by any act related to appraisal. X (3) AUTO~IAT[C ADJUSTMENT OF COVERAGE AMOUNTS (a) Dwelling The amount of insurance applying to the Dwell- i~g is the replacement cost at the time of loss. We will adjust the premium for the next policy period,to reflec& any change in the replacement ~ , cost. .. ' ~ 'You are reqmred to not~fy us or our Agent of any improvements or other changes to the dwelling which exceed $5000. This notice must be given to us within 90 days after such im- provements or changes are started. If we are not notified, we do not cover loss to such improvements or changes. Your premium may be adjusted during the current policy period to reflect the additional amount of insurance. (bi Other Structures The amount of insurance applying to Other Structures is the amount shown on the Decla- rations. We will keep track of rising costs and at the next policy period we will adjust the amount of your Other Structures Coverage if necessary. Your premium will be adjusted at each policy period to reflect any change. During the policy period, if there is an increase in construction costs and a loss occurs, we will reflect the increase in the amount of insurance before making payment. There will be no charge for this additional co_vera, ge. (c) Personal Property The amount of insurance applying to Personal Property is the amount shown on the Declara- tions. Adjustment in this amount will be made proportionately to the adjustment of Other Structures. (4) ERIE OPTION If we give you written notice within 30 days after we receive your signed, sworn statement of loss, we may repair or replace any part of the property damaged with equivalent property. (5) GLASS REPLACEMENT Loss to glass caused by a peril covered under Perils We Insure Against will be settled on the basis of replacement with safety glazing materials when required by law. (6) INCREASE OF HAZARD Unless we agree beforehand, coverage is suspended if the hazard is substantially increased by any means within the control or knowledge of anyone we protect. (7) LOSS PAYMENT We will settle any claim for loss with you or anyone that has a legal interest in the property. We will pay within 30 days after we receive your proof of loss and the amount of loss is finally determined by: (a) agreement between you and us; (b) an appraisal award; or (c)a court judgment. (8) LOSS SETTLEMENT Loss to Dwelling Coverage, Other Structures Coverage X and Personal Property Coverage will be settled on a 10 replacement cost basis, withou~ deduction for danracla- When r~l,,~,~o,f ......... ~ ......... ,.. replacement cost basis, without deduction for deprecia- ' tion. ' ia) Under Dwelling Coverage and Other Strtid- tures Coverage: .~: 1. payment will not exceed the smallest of - the following amounts: · any amount of insurance applying to the building; · the replacement costofthat part of the building damaged for equivalent con- struction and use on the same pre- mises; · the amount actually and necessarily spent to repair or replace the damaged building. 2. we will pay no more than the actual cash value of the damage until the actual repair or replacement is completed. However, when the loss is both less than $2500 and less than 5% of the amount of insurance applying to the loss, we will pay the re- placement cost before actual repair or re- placement is completed. 3. you may disregard the replacement cost provision and make claim for loss or dam- age to buildings on an actual cash value basis. However, you still have the right to make claim, within 180 days after the loss, for any additional amounts we will be required to pay under this Loss Settlement provision. (b) Under Personal Property Coverage: I. payment will equal the cost at the time of loss of a new article identical to the one damaged, destroyed or stolen. If the iden- tical article is no longer manufactured or is not available, we will pay the cost of a new article similar to that damaged or destroyed and which is of comparable qual- ity and usefulness. This provision also applies under Da~nage To Property of Oth- ers Coverage as provided under Section I1. 2. we also cover the cost of repair or replace- ment of carpeting, domestic appliances, awnings and outdoor antennas and out- door equipment. Under 1. and 2. of (b) above, we do not cover loss to property: a. unless maintained in good and workable condition; b. unless repaired or replaced; c. which is outdated or obsolete and which is stored or not being used; d. which by its nature cannot be replaced by a new article including, but not limited to, antiques, fine arts, souvenirs, and collec- tots' items; e. which is at a secondary residence or at a residence rented to others. When replacement coverage does not apply because of an exclusion under th~s, sectioq we ,. ' will pay actual cash value at the time of lo~;s. We will pay the smallest of the following amounts for any one item of insured property: a. replacement cost; b. repair cost; c. any speciallimitations described in the policy. When the replacement cost for the entire loss is more than $2500, we will not pay more than the actual cash value for the loss or damage until actual repair or replacement is completed. You may make claim for loss on an actual cash value basis and then make claim within one year after the loss for any additional amounts we are required to pay under this Loss Settle- ment provision. (9) LOSS TO A PAIR OR SET tn case ora loss to a pair or set we may: (a) repair or replace any part to restore the pair or set to its value before the loss; or (b) pay the difference bet~vedh the value of the property before and after the loss. (10) MORTGAGE CLAUSE Loss under Dwelling Coverage or Other Structures Cov- erage shall be payable to mortgagees named on the Declarations, to the extent of their interest and in the order of precedence. Our Duties We will: (a) protect the mortgagee's interests in an insured building. This protection will not be invali- dated by any act or neglect of anyone we protect, any breach of warranty, increase in hazard, change of ownership, or foreclosure if the mortgagee has no knowledge of these con- ditions; (b) give mortgagee 30 days notice before cancella- X tion or refusal to continue this policy. Mortgagee's Duties The mortgagee will: (a) furnish proof of loss within 60 days if you fail to do so; (b~ pay upon demand any premium due if you fail to do so; (c) notify us of any change of ownership or occu- pancy or any increase in hazard of which the mortgagee has knowledge; (d) give us the right of recovery against any party liable for loss. This shall not impair the mortgagee's right to recover the full amount of the mortgage debt; 11 (e) after a loss, permit us to satisfy the mortgage r~qu~tements and receive full transfer ol~ the mortgage and all securities held as colla'teral to the mortgage debt. Policy conditions relating to Appraisal, Loss Payment and Suit Against Us apply to the mortgagee. This mortgagee interest provision shall apply to any trustee or loss payee named on the Declarations. (11) NO BENEFIT TO BAILEE This insurance will not in any way benefit any person or organization who may be caring for or handling your property for a fee. (12) OTHER INSURANCE If both this insurance and Other insurance apply to a loss, we will pay our share. Our share will be the proportionate amount that this insurance bears to the total amount of all applicable insurance, except insur- ance in the name of an association or corporation of property owners. If there is other insurance in the name of an association or corporation of property owners covering the same property covered by this policy, the other insurance applies first. (13) PERMISSION GRANTED TO YOU Coverage applies even when your described dwelling is vacant or unoccupied, except as limited under Exclusion (2), Section L You may make alterations, additions and repairs to your building, and complete structures under construc- tion. You may waive your rights to recovery against another involving the insured property. This must be done in writing prior to a loss. (14) RECOVERED PROPERTY If we have made payment on property which has later been recovered by you or us, you or we will notify the other of the recovery. You have a right to the recovered property. If you elect to have the property, you will repay us the amount of our payment to you. (15) SUIT AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. Suit must be brought within one year (VA--2 years, MD--3 years) after the loss or damage occurs. (16) YOUR DUTIES A, FTER A LOSS ," ~[n case of a covered loss, you must perform'the following duties: (a) give us or our Agent immediate notice. If a theft toss, also notify the police; (b) protect the property from further damage. If necessary for property protection, make rea- sonable repairs and keep a record of all repair costs; (c) furnish a complete inventory of damaged prop- erty including quantity, actual cash value and amount of loss claimed; (d) produce for examination, with permission to copy, all books of accounts, bills, invoices, re- ceipts and other vouchers as we may reason- ably require; (e) show ns or our representative the damaged property, as often as may be reasonably re- quired; (f) submit to examinations under oath and sign a transcript of the same; (g) send ns, within 60 _day..s after the loss, your signed and sworn to proof of loss statement which includes: 1. time and cause of loss; 2. your interest in the property and the interest of all others involved; 3. any encumbrances on the property; 4. other policies which may cover the loss; 5. any changes in title, use, occupancy or possession of the property which occurred during the policy term; 6. when required by us, any plans, specifica- tions and estimates for the repair of the damaged building; 7. the inventory of damaged property as pre- pared in (16) (c); 8. receipts for any additional living costs as a result of the loss, and records of pertinent rental loss; 9. in case of claim under Credit Card, Charge Plate, Check Forgery & Counterfeit Money Protection, an affidavit stating amount, time and cause of loss. 12 SECTION II--HOME AND FAMILY LIABILITY P,ROTECTION PERSONAL LIABILITY COVERAGE-- OUR PROMISE We will pay all sums up to the amount shown on the Declarations, which anyone we protect becomes legally obligated to pay as damages because of personal injury or property damage resulting from an occur- rence during this policy period. We will pay for only personal injury or property damage covered by this policy. We may investigate or settle any claim or suit for damages against anyone we protect, at our expense. If anyone we protect is sued for damages because of personal injury or property damage covered by this po]icy, we will provide a defense with a lawyer we choose, even if the allegations are not true. We are not obligated to pay any claim or judgment or defend any suit if we have already used up the amount of insurance by paying a judgment or settlement. MEDICAL PAYMENTS TO OTHERS COVERAGE--OUR PROMISE We will pay the necessary medical expenses incurred or medically determined within three years from the date of an accident causing personal injury. This three-year limitation does not apply to funeral expenses. This coverage does not apply to you or regular residents of your household, other than residence employees. To others, we will pay only in the following situations: (1) To a person on an insUred location with the permission of anyone we protect; or (2) To a person off an insured location if the per- sonal injury: (a) arises out of a condition on an insured loca- tion or adjoining ways; (b) is caused by the activities of anyone we pro- tect; (c) is caused by a residence employee in the course of employment by anyone we protect; (d) is caused by an animal anyone we protect owns or is caring for. Payment under this coverage is not an admission of liability by us or anyone we protect. WHAT WE DO NOT COVER--EXCLUSIONS PERSONAL LIABILITY COVERAGE MEDICAL PAYMENTS TO OTHERS COVERAGE We do not cover under Personal Liability Coverage and Medical Payments and Medical Payments To Others Coverage: (1) Personal injury or property damage expected or intended by anyone we protect. (2) Personal injury or property damage arising out of business pursuits of anyone we protect. We do cover: (a) activities normally considered non-business; (b) business pursuits of salespersons, collectors, X messengers and clerical office workers em- ployed by others. We do not cover installation, demonstration and servicing operations; (c) businesspursuitsofeducatorswhileemployed X by others, including corporal punishment of X pupils; (d) incidental business activities of anyone we X protect. These include babysitting, caddying, lawn care, newspaper delivery and other simi- lar activities; (e) the ownership of newly-acquired one or two × family dwellings, but only for a period of 30 consecutive days after acquisition unless de- scribed on the Declarations. (3) Personal injury or propergy damage arising out of the rental or holding for rental of the resi- dence premises by anyone we protect. We do cover if the residence premises is: (a) occasionally rented or held for rental to others as a residence; (b) rented or held for rental in part as a residence, unless for the accommodation of more than three roomers or boarders; (c) rented or held for rental in part as an office, school, studio or private garage. (4) Personal injury or property damage arising out of the rendering or failing to render professional services (other than professional services rendered by educators). (5) Personal injury or property damage arising out of any premises owned by or rented to anyone we protect which is not an insured location. This exclusion does not apply to personal injury to a residence employee arising out of and in the course of employment by anyone we protect. (6) Personal injury or property damage arising out of the ownership, maintenance or use of: (a) aircraft; (b) any land motor vehicle owned or operated by or rented or loaned to anyone we protect. We do cover motor vehicles if: 1. used exclusively at an insured location and not subject to motor vehicle registra- tion; 2. kept in dead storage at an insured loca- tion; 13 × 3. a recreational land motor vehicle not de- s'ign~d for use on public roads while at an insured location; 4. a golf cart, wherever used or located; 5. alawn or farm type vehicle or snowblower, wherever used or located, if not subject to motor vehicle registration. (c) watercraft: 1. owned by or frequently rented to anyone we protect if it has inboard or inboard- outdrive motor power of more than 75 horsepower; 2. owned by or frequently rented to anyone we protect if it is a sailing vessel 26 feet or more in length; or 3. powered by one or more outboard motors with more than 75 total horsepower owned by anyone we protect at the beginning of the policy period. However, if anyone we protect acquires watercraft, regardless of horsepower, cov- erage applies during the policy period. If the watercraft is acquired within 60 days of the end of the policy period, we will provide coverage for a maximum of 60 days. We have the right to charge you an additional premium. Exclusion (6)(c) does not apply while the watercraft is stored on shore. Exclusion (6) does not apply to personal injury to any residence employee arising out of and in the course of employment by anyone we protect. We do not pay for liability arising out of the negligent entrustment of an aircraft, motor vehicle or watercraft covered under this policy. We also do not cover statutorily imposed vicarious pa- rental liability for the actions of a child or minor using an aircraft, motor vehicle or watercraft excluded above. (7) Personal injury or property damage arising out of war (declared or undeclared), civil war, insur- rection, rebellion or revolution. Discharge of a nuclear weapon is considered a warlike act even if accidental. (8) Personal injury or Property damage which arises out of or results from a communicable dis- ease or condition transmitted by anyone we pro- tect to any other person through a parasite, virus, bacteria or any other organism. (9) Except as provided in paragraph 2(c) under "What We Do Not Cover Personal Liability and Medicol Payments To Others Coverage," personal injury or property damage which arises out of the sexual molestation, corporal punishment, or physical or mental abuse by anyone we protect. (10) Personal injury or property damage which arises out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance(s) as defined by the Federal Food and . , Drug Law at 21 U.S.C.A. Section 8%1 and.8.12. Controlled Substances include but are n~t limit~'d to cocaine, LSD, marijuana, and all narcotic drugs. However, this exclusion does not apply to the legiti- mate use of prescription drugs by a person follow- ing the orders of a licensed physician. (11) Personal injury or property damage which arises out of the discharge, disposal, release or escape of: (a) vapors, fumes, acids, toxic chemicals, toxic liquids or toxic gasses; (b) waste materials or other irritants, contami- nants or pollutants. We do not cover under Personal Liability Coverage: (1) Liability assumed under any oral contract or agree- ment, or by contract or agreement in connection with any business of anyone we protect. (2) Liability for your share of any loss assessment charged against all members of an association or corporation of property owners. This exclusion does not apply to Additional Losses We Will Pay, (9) Loss Assessment, Section I of this p.o. licy. (3) Property damage to property owned by anyone ~ve protect. (4) Property damage to property rented to, occupied or used by, or in the care of anyone we protect. This exclusion does not apply to property damage caused by fire, explosion, sonic boom or smoke, or by accidental discharge of water from a waterbed or aquarium. (5) Personal injury to any person eligible to receive any benefits required to be provided or voluntarily provided by anyone we protect under any work- ers' compensation or occupational disease law. (6) Personal injury or property damage for which anyone we protect is covered under any nuclear energy liability policy, or would be covered if its amounts of insurance had not been exhausted. (7) Personal injury to employees of anyone we pro- tect arising out of employment. This exclusion does not apply to bodily injury to a resident employee arising out of and in the course of employment by anyone we protect. (8) Under parts (2) and (3) of personal injury, injury caused by willful violation of a law or ordinance. (9) Under parts (2) and (3) of personal injury, injury arising out of civic or public activities performed for pay by anyone we protect. (10) Suits for libel, slander or defamation of character made against anyone we protect if the publica- tion or statement (a) took place before the effective date of this insurance; or (b) was knowingly untrue. Under ~ledical Payments To Others Coverage we do not (1) Personal injury to a residence employee if it occurs offan insured location and does not arise out oforin the course of employment by anyone we protect. (2) Personal injury to any person eligible to receive any benefits required to be provided or voluntarily provided under any workers' compensation or occu- pational disease law. (3) Personal injury from any nuclear reaction, radia- tion or radioactive contamination, or any conse- quence of any of these. WHAT WE ALSO PAY Payment for the following is in addition to the amounts of insurance shown on the Declarations. (1) CLAIM EXPENSES We pay: (a) all expenses we incur and all costs against anyone we protect in a suit we defend; (b) premiums on bonds in a suit we defend, but not for bond amounts greater than the limit for Personal Liability Coverage. We will also pay up to $500 for each bail bond required of any- one we protect because of an accident or traffic violation arising out of the use of a vehicle covered by this policy. We have no obligation to apply for or furnish bonds; (c) reasonable lawyers' fees up to $50 that any- one we protect incurs because of arrest re- sulting from an accident involving a vehicle covered by this policy; (d) reasonable expenses incurred by anyone we protect at our request. This includes actual loss of earnings (but not loss of other income) and vacation time or other benefit loss up to $100 per day for helping us in the investigation or defense of any claim or suit; (e) all interest on the full amount of any judgment on a suit we defend until we offer or deposit in court the amount for which we are liable; (f) prejudgment interest awarded on the amount of the judgment we pay. If we offer to pay the applicable amount of insurance, we will not pay any prejudgment interest for the period of time after the offer. (2) DAMAGE TO PROPERTY OF OTHERS We pay, on a replacement cost basis, up to $1000 per occurrence for property damage to property of others caused by anyone we protect. This coverage also applies to property ofothers in the possession ofanyone we protect. We will not pay for property damage: (a) to the extent of any amount recoverable under Section [ of this policy; (b) caused-intentionally by anyone .we protect who has attained the age of 13; ', ' · (c) to property owned by anyone we protect; (d) to property owned by or rented to a tenant of anyone we protect or a resident of your household; (e) arising out of: 1. an act or omission in connection with a premises (other than an insured loca- tion) owned, rented or controlled by any- one we protect; 2. business pursuits; or 3. ownership, maintenance or use of a motor vehicle, aircraft or watercraft. We will pay for property damage to a land motor vehicle designed for recreational use off public roads while in the possession of or caused by anyone we protect if: a. not subject to motor vehicle registra- tion, and b. not owned by anyone we protect. (3) FIRST AID EXPENSES We pay reasonable expenses for first a[~l to other persons and animals at the time ofan accident involving anyone X we protect. (4) LOSS ASSESSMENT--PERSONAL LIABILITY COVERAGE ONLY See Loss Assessment, paragraph (9), Section l, Addi- tional Losses We Will Pay. BIGHTS ANB DUTIES--CONDITIONS (1) BANKRUPTCY OF ANYONE WE PROTECT Bankruptcy or insolvency of anyone we protect or anyone we protect's estate will not relieve us of any of our obligations under this policy. (2) DUTIES OF AN INJURED PERSON--MEDICAL PAYMENTS TO OTHERS COVERAGE The injured person or someone acting on behalf of that person will: (a) give us written proof of claim, as soon as possible, under oath if required; (b) sign papers at our request to allow us to obtain medical reports and copies of records. The injured person will submit to mental and physical examination by doctors selected by us as often as reason- ably required. We may pay the injured person or the provider of the services. (3) LIMITS OF PROTECTION This insurance applies separately to anyone we pro- tect. Regardless of the number of people we protect, claims made or persons injured, our total liability under Personal Liability Coverage for damages resulting from one occurrence will not exceed the amount shown on the Declarations. All personal injury and property 15 · damage resulting from one accident or from continuous or i'el~eat.~d ekpo~ure to the same general conditions~i.s, considered the result of one occurrence. Our total liability under Medical Payments To Others Coverage for all medical expense payable for per- sonal injury to any one person will not exceed the "Each Person" amount shown on the Declarations. (4) OTHER INSURANCE--PERSONAL LIABILITY COVERAGE This insurance is excess over any other valid and collect- ible insurance. However, if the other insurance is specifi- cal]y written as excess insurance over this po]icy, the limits of this policy apply first. If at the time of loss there is other insurance in the name of an association or corporation of property owners covering the same property covered by this policy, the insurance afforded by this policy shall be excess over the amount recoverable under such other insurance. (5) SUIT AGAINST US The terms of this policy must be complied with before suit may be brought against us. The legal liability of anyone we protect must be determined before suit under Personal Liability Cover- age may be brought against us. This determination may be by a court of law or by written agree ment of all parties, including us. No one has the right to make us a party to a suit to determine the liability of anyone we protect. (6) YOUR DUTIES AFTER A LOSS ,When there is an accident or occurrence anyone ~ve protect will: (a) notify us or our Agent, in writing, as soon as possible, stating: 1. your name and policy number; 2. the time, place, and circumstances of the accident or occurrence; 3. names and addresses of injured persons and witnesses; (b) send us promptly any papers that relate to the accident or occurrence; (c) at our request: 1. assist in making settlement; 2. help us enforce any right of recovery against any party liable to anyone we protect; 3. assist in the conduct of suits; 4. attend hearings and trials; 5. secure and give evidence and obtain the attendance of witnesses. (d) under the coverage l~ar~ge To Property Of Others, send us, within 60 days of the loss, sworn proof of loss. Anyone we protect shall also exhibit the damaged property if within their control. Anyone we protect will not, except at one's own cost, make payments, assume obligations or incur expenses, other than for first aid to other persons and animals at the time of the personal injury. 16 SECTION Ill--RiGHTS AND DUTIES--GENERAL POLICY CONDITIONS We, you and anyone else protected by this policy must Our cancellation or refusal to continue this policy will do certain things in order for the terms of the policy to not takeeffectuntil atleast 30 days (Maryland,5 days apply, except for non-payment of premium) after we send it. (1) ACCOUNTING (Erie Insurance Exchange Only) Method of Givin9 Notice Erie Indemnity Company may keep up to 25% of the Mailing notice to the address shown on the Declare- premium written or assumed by Erie Insurance Ex- tions will be sufficient proof of notice. The policy period change as compensation for (A) becoming and acting as will end on the date and time stated in the notice. Attorney-in-Fact, (B) managing the business and affairs of Erie Insurance Exchange, its affiliates and subsidiar- Return of Premium les, and (C) paying general administrative expenses, If your policy is canceled by you or us, we will return including sales commissions, salaries and employee the pro rata unused share of your premium. Cancella- benefits, taxes, rent, depreciation, supplies and data tion will be effective even if we have not given or offered processing, any return premium. Therestofthepremiumwillbeplacedonthebooksofthe (4) CONCEALMENT, FRAUD OR Erie Insurance Exchange. We wilt deposit or invest this MISREPRESENTATION amount as permitted by law. This amount will be used to pay losses, loss adjustment expenses, investment Thisentirepolicyisvoidif, beforeorafteraloss, anyone expenses, damages, legal expenses, court costs, taxes, we protect has intentionally concealed, or misrepre- assessments, licenses, fees, and other governmental sented, any material fact or circumstance concerning fines and charges, establishment of reserves and sur- this insurance. plus, and reinsurance, and may be used for dividends In the event of a fraudulent c. laim, we will not make and other purposes Erie Indemnity Company decides payment for the loss. are to the advantage of the Subscribers. (5) COOPERATION (2) ASSIGNMENT You agree to cooperate with us by: Interest in this policy may be transferred only with our written consent. (a) truthfully completing and promptly returning questionnaires and audit forms about this in- If you die, the policy ~vill cover: surance; (a) anyone we protect ~vho is a member of your (b) permitting and helping with inspections and household at the time of your death, but only audits; and while a resident of the residence premises; (c) complying with specific recommendations to (b) anyone having lawful possession of insured improve your risk. property until a representative is appointed, but only until the end of the policy period (6) HOW YOUR POLICY MAY BE CHANGED during which your death occurs; This policy conforms to the laws of the state in which (c) your legal representative, but only while per- your residence premises is located. If the la~vs of the forming duties as your representative and state change, this policy will comply with those changes. only until the end of the policy period during You may change your policy by asking us. Your re- which your death occurs, quest must contain enough information to identify you. (3) CANCELLATION Asking our Agent is the same as asking us. If we agree with your request, we will then issue an Amended Your Right to Cancel Declarations. You may cancel this policy by mailing or delivering to We will give you the benefit of any change in coverage our Agent or us written notice stating at what future made by us, if it does not require additional premium. date you want the cancellation to take effect. We may This change will be effective as of the date vie implement waive these requirements by confirming the date of the change for you in your state. cancellation to you in writing. If the information we use to determine the premium for Our Right to Cancel or Refuse to Continue your coverage(s) changes during the policy period, we may adjust your premium. Premium adjustments will We may cancel or refuse to continue this policy by be made using rules and rates in effect for our use. mailing you written notice stating the effective date of our action. Our action will comply with the laws of the (7) NO CONTINGENT LIABILITY state in which your residence premises is located. We (Erie Insurance Exchange Only) reserve the right to cancel for your noncompliance with You ~vill not be assessed for the losses of Subscribers. our premium payment plans. We do not waive our right to cancel, even if we have accepted prior late payments. 17 (8) O,UR,RIGHT TO RECOVER FROM OTHERS A~ter w~ make ~' payment under this policy, we will' have the right to recover from anyone else held respon- sible. This right will not apply under Section I if you have waived it in writing prior to loss. Anyone we protect will sign papers and do whatever is required to transfer this right to us, and do nothing to harm this right. Anyone receiving payment from us and someone else for the same loss will reimburse us up to our payment. This condition does not apply under Section II to Medical Payments To Others Coverage or Damage To Property Of Others. (9) POLICY ACCEPTANCE AND COOPERATION By accepting this policy, you agree that the policy contains all agreements relating to this insurance. You also agree to cooperate with us in such things as: (a) completing and returning questionnaires and audit forms about this insurance; (b) permitting and helping with insp,.ectior~s~ and .'. , audits; and (c) complying with specific recommendations to improve your risk. (10) POLICY PERIOD This policy applies only to loss which occurs during the policy period. The policy period is shown on the Decla- rations or Amended Declarations. An Amended Decla- rations tells you that the policy has been changed. (11) PRIORITY At our option, this insurance will first protect you, your spouse residing in your household and then others we protect. (12) TIME OF INCEPTION If this policy replaces coverage in other policies which end on the inception date of this policy, but at a different time, then this policy will take effect when the other coverage ends. THIS POLICY HAS BEEN SIGNED ON OUR BEHALF AT ERIE, PENNSYLVANIA BY OUR CHAIRMAN AND SECRETARY. IF REQUIRED BY LAW, IT HAS BEEN COUNTERSIGNED ON THE DECLARATIONS BY OUR DULY AUTHORIZED AGENT. SECRETARY CHAIRMAN ERIE INSURANCE GROUP Home Office · 100 Ene Insurance Place · Erie, PA 16530 · (814) 870 2000 2005 Ultracover Edmon lEd 12/92) 18 Exhibit B RENEWAL CERTIFICATE PERSONAL CATASTROPHE POLICY AA7646 FETROW INS ASSOCIATES 01/31/97 TO 01/31/98 Q25 3150110 H RONALD T TOMASKO 6116 IRONWOOD DR HARRISBURG PA 17112-8548 AGENT - FETROW INS ASSOCIATES AGENT PHONE - (717) 766-3200 5299 E. TRINDLE RD. MECHANICSBURG PA 17055 POLICY PERIOD BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED. THIS INSURANCE APPLIES TO THE COVERAGES FOR WHICH A LIMIT IS SHOWN. THIS INSURANCE IS SUBJECT TO THE TERMS OF THE POLICY AND ITS FORMS. COVERAGE AND LIMITS PERSONAL CATASTROPHE LIABILITY COVERAGE LIMIT OF LIABILITY $ 1,000,000. EACH OCCURRENCE SELF-INSURED RETENTION $ NONE. EACH OCCURRENCE MAINTENANCE OF UNDERLYING INSURANCE - SUBJECT TO THE MAINTENANCE OF UNDERLYING INSURANCE CONDITION, YOU AGREE THE UNDERLYING LIMITS OF INSURANCE SHOWN ON THE DECLARATIONS AND/OR AMENDED DECLARATIONS, WHICH IS PART OF THIS POLICY, ARE IN FORCE AT INCEPTION OF THIS POLICY AND WILL BE MAINTAINED AS LONG AS PERSONAL CATASTROPHE LIABILITY COVERAGE IS PROVIDED. FORMS AND ENDORSEMENTS- PCL 09/94, PCAT-28 11/95, PCAT41 01/96, PCAT43 UF8726 09/96*, PCAT13 07/91, PCAT14 07/91. FULL TERM PREMIUM FOR THIS POLICY ........... 09/96*, $119.00 SEE REVERSE SIDE AGTKAMJAS 12/21/96 World,~ WHERE TO LOOK IH'YOUR POLICY PERSONAL CATASTROPHE LIABILITY POLICY .................................. 2 AGREEMENT ....... 2 Erie InsuranceExcl~a~e6~½ iiiiiiiiiiiiiiiiiiii, iii.. ii.. iiiiii iii. iii... 2 Erie Insurance Property & Casualty Company Only ................................. 2 DEFINITIONS ....................................... Additional Erie Insurance Exchange Definitions ..................... i .............. 2 3 Additional Erie Insurance Property & Casualty Company Del'tuitions ....................... 3 WHEN AND WHERE THIS POLICY APPLIES OUR PROMISE 3 LIMIT OF LIABII~I;I'~ ................................................... 4 DEFENSE WHAT WE D'6 IklO;l"(~6~'l~l~ ' kkk£O~Ib'tds .................................... 4 WHAT WE ALSO PAY RIGHTS AND DUTIES'cbk'fi:ri6~....................................... 5 PERSONAL CATASTROPHE 'LIABILITY POLICY ". ERIE INSURANCE GROUP is proud to present this Personal Catastrophe Liability Policy. This important contract between YOU and The ERIE consists of this policy with coverage agreements, limitations, exclusions and conditions, a Declarations, plus any endorsements. It is written in plain, simple terms so that it can be easily understood. We urge YOU to read it. The protection given by this policy is in keeping with the single purpose of our Founders: "To provide YOU with as near PERFECT PROTECTION, as near PERFECT SERVICE, as is humanly possible, and to do so at the LOWEST POSSIBLE COST." AGREEMENT Erie Insurance Exchange Only In return for your timely premium payment, your com- pliance with all of the provisions of this policy, and your signing of a Subscriber's Agreement with Erie Indemnity Company and other Subscribers, we agree to provide the coverages you have purchased. Your coverages and amounts of insurance are shown on the Declarations, which are part of this policy. Your signing the Subscriber's Agreement which includes a limited power-of-attorney, permits Erie Indemnity Company as Attorney-in-Fact, to make reciprocal insur- ance contracts between you and other Subscribers and otherwise manage the business of The Erie Insurance Exchange. This power-of-attorney applies only to your insurance business at the Exchange and is limited to the purposes described in the Subscriber's Agreement. Your responsibility as a Subscriber is determined by this .policy and the Subscriber's Agreement. You are liable for just the policy premiums charged and are not subject to any other premium liability under the policy. This agreement is made in reliance on the information you have given us, and is subject to all terms of this policy. This policy, all endorsements to it, and the Sub- scriber's Agreement constitute the entire agreement between you and us. Erie Insurance Property & Casualty Company Only In retum for your timely premium payment and your compliance with all of the provisions of this policy, we agree to provide the coverages you have purchased. Your coverages and amount of insurance are shown on the Declarations, which are part of this policy. This agreement is made in reliance on the information you have given us, and is subject to all terms of this policy. This policy and all endorsements to it constitute the entire agxeement between you and us. DEFINITIONS The definitions contained in the underlying policies shown on the Declarations apply to this insurance. The following words have a special meaning in your policy when they appeax in bold type. "aircraft" means any machine or device capable of atmo- spheric flight except model airplanes. "anyone we protect" means: 1. you; 2. any relative, but with respect to the ownership, use, !oading or unloading of automobiles only as provided m parts (3) and (4) below; 3. any person (including a relative) while using an auto- mobile or watercraft owned by, loaned to or hired for use by you or on your behalf with your permission. The operation or use must be within the scope of such permission; 4. any relative while using an automobile not owned by or furnished for their regular use. The use of the automobile must be with the permission, or reason- ably believed to be with the permission, of the owner; 5. any person or organization using or having custody or possession of animals which you own, with your permission; and 6. any other person or organization, but only with respect to liability because of acts or omissions of anyone we protect under parts (1), (2), (3), (4) or (5) above. Anyone we protect does not mean: 1. the owner or lessee of an automobile or watercraft loaned to or hired for use by you or on your behalf; 2. any person (other than you) using automobiles or watercraft while employed or engaged in the business of selling, servicing, repairing, maintaining, parking, docking, mooring or storing of automobiles or watercraft, and any person (other than you) or organization with respect to liability for the acts or omissions of any such person; and 3. any person or organization (other' than you, your employees or agents, or a relative) with respect to the loading or unloading of automobiles or watercraft. "automobile" means: 1. a land motor vehicle, trailer or semi-trailer designed for travel on public roads; and 2. any attached machinery or equipment. Automobile does not mean, except when towed or carried on an automobile, any of the following: 1. a utility, boat, camp or home trailer; 2. a recreational vehicle; 3. a crawler or farm type tractor or farm implement; or 4. if not subject to motor vehicle registration, any equipment which is designed for use off public roads. "l~lily injury" means physical harm, sickness or disease including me'ntal anguish, care, loss of services, or resulting death. ' ' "business" means any activity engaged in as a trade, pro- fession or occupation, other than farming. "business property" mean property: 1. on which a business is conducted; 2. rented in whole or in pan to others; or 3. held for such rental. "declarations," "amended declarations,' or "revised dec- larations,'' means the form which shows your coverages, limit of liability, premium charges and other information. This form is part of your policy. "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in per- sonal injury or property damage which is neither expected nor intended. Personal injury or property damage arising out of your protection of persons or property is covered. "personal injury" means: 1. bodily injury; 2. libel, slander or defamation of character; 3. false arrest, wrongful detention or imprisonment, malicious prosecution, wrongful entry or eviction, invasion of privacy, or humiliation caused by any of these. "property damage" means injury to or destruction of tangible property, including loss of its use. "recreational vehicle" means: 1. a golf can or snowmobile; or 2. if not subject to motor vehicle registration, any other land motor vehicle designed for recreational use off public roads. "relative" means any person: 1. who is related by blood or marriage to you, or who is a ward, adopted child or other person under age 21 in your care, and 2. who is a resident of your household. "self-insured retention" means the amount shown on the Declarations which is retained and payable by anyone we protect with respect to each occurrence not covered by underlying insurance but which is covered by this policy. All expenses incurred by us, or by anyone we protect with our consent, in the investigation or defense of a claim or suit within the self-insured retention shall be payable by ns. "ultimate net loss" means the sum actually paid or payable in cash in the settlement or satisfaction of losses for which anyone we protect is liable either by judgment or settlement with our consent, after deduction for all recoveries and salvages collectible. Ultimate net loss does not mean loss expenses and legal expenses, such as attorney's fees, court costs and interest on any judgment or award, and salaries of employees of ,yours, ours or any underlying insurer so in'c!urred. ' underlying insurance means the habiht¥ insurance cov- erage provided under policies shown on t'he Declarations of this policy, for the limits and periods shown. It includes any policy issued to replace a policy, as long as the replacement policy provides: 1. at least the same limits of protection; and 2. the same hazards insured against, unless modified by a general program revision or as agreed to by us in writing. Additional Erie Insurance Exchange Definitions The following words have a special meaning in policies issued by Erie Insurance Exchange when they appear. "subscn'ber' means the person who signed the subscrib- er's agreement. "Subscriber's Agreement" means the agreement including a limited power-of-attomey, among the Subscribers and the Erie Imdemnity Company, as Attorney-in-Fact. "we," "us" and "our" means the Subscribers at Erie Insurance Exchange as represented by their common Attomey-in-Fact, Erie Indemnity Company. "you," "your" or "named insured" means the Subscriber and others named in Item 1 on the Declarations. These words include the spouse of the Subscriber if a resident of the same household. Additional Erie Insurance Property & Casualty Company Definitions The following words have a special meaning in policies issued by Erie Inxurance Property & Casualty Company when they appear. "we," "ns" and "our" means Erie Inmrance Property & Carualty Company. "you," "your" or "named insured" means the person(s) named in Item 1 on the Declarations. These words include the spouse if a resident of the same household. WHEN AND WHERE THIS POLICY APPLIES This policy applies to losses that occur during the policy period. The policy period is shown on the Declarations or Amended Declarations. An Amended Declarations tells you that the policy has been changed. This policy applies to personal injury or property damage losses occurring anywhere in the world. OUR PROMISE We pay the ultimate net loss whi~h anyone we protect becomes legally obligated to pay as damages because of personal injury or property damage covered by this policy. This applies only to damages in excess of the underlying limit or Self-lnsured Retention. 3 LIMI~ OF' LIABIUITY Regardless of the number of people we insure, claims made or persons injured, our total payment under this policy is subject to the limit of liability shown on the Declarations. All personal injury and property damage arising out of continuous or repeated exposure to the same general conditions will be considered one occur- rebec. We will be liable only for the ultimate net loss in excess of the: I. applicable limits of underlying insurance shown on the Declarations, and any other underlying insurance collectible by anyone we protect, or 2. amount shown on the Declarations as Self-Insured Retention, if the occurrence is not covered by under- lying insurance. The limits of underlying insurance apply regardless of: I. any defense which an underlying insurer may assert because of the failure of anyone we protect to comply with any condition of the policy after an occurrence, or 2. the inability of the underlying insurer to pay because of bankruptcy or insolvency. DEFENSE We may investigate or settle any claim or suit for damages against anyone we protect at our expense. If anyone we protect is sued for damages covered by this policy and the underlying limits are exhausted because of bodily injury, personal injury or property damage during the policy period, we will defend with a lawyer we choose, even if the allegations are not true. If we pay any amount within the Self-Insured Retention before the settlement of a claim or suit, anyone we protect must reimburse us. Our obligation to pay any claims or judg- ment or defend any suit ends when we have used up our limit of liability by paying judgments or settlements under this policy. If we cannot carry out this agreement because of a law or any other reason, we pay any expense incurred with our wntten consent in accordance with this agreement. We do not pay for defense, investigation, settlement or legal expenses covered by your underlying insurance. Except as stated in this section we shall not be called upon to assume control of the settlement or defense of any claim made, suit brought or proceeding instituted against anyone we protect. We do have the right and the opportunity to associate with anyone we protect in the defense and control of any claim, suit or proceeding which is likely to involve us. In this case, we and anyone we protect will cooperate fully. WHAT WE DO NOT COVER - EXCLUSIONS' , We do not cover: 1. any obligation for which anyone we protect or any carrier may become liable under any workers com- pensation, unemployment compensation, disability benefits law or similar law. 2. personal injury or property damage expected or intended by anyone we protect. We do cover reason- able acts committed to protect persons or property. property damage to property owned by anyone we protect. property damage to aircraft rented to, used by or in the care of anyone we protect. property damage to property rented to, occupied or used by, or in the care of anyone we protect to the extent that anyone we protect has agreed to provide insurance. This exclusion does not apply to property damage caused by fire, smoke or explosion. personal injury or property damage arising out of the ownership or use of aircraft owned or operated by anyone we protect or chartered without crew by or on behalf of anyone we protect. This exclusion does not apply to personal injury to any employee of anyone we protect arising out of and in the course of employment by anyone we protect. Except as provided under the defmition of anyone we protect, we do not cover liability arising out of the use of an aircraft entrusted to any person by anyone we protect. We also do not cover statutorily imposed vicarious parental liability for the actions of a child or minor using an aircraft excluded above. personal injury or property damage arising out of the ownership or use of watercraft owned by or fre- quently rented to anyone we protect, while away from premises owned by, rented to, or controlled by anyone we protect. This exclusion applies to watercraft: a. with inboard or inboard-outdrive motor power of more than 75 horsepower; b. if a sailing vessel, 26 feet or more in length; or c. powered by one or more outboard motors with more than 75 total horsepower owned by anyone we protect at the beginning of the policy period. This exclusion does not apply if: a. the watercraft is covered by underlying insurance shown on the Declarations as of the effective date of this policy; or b. the watercraft, regardless of horsepower, is acquired during the policy period. Notice must be given to us within 30 days following the date of acquisition and an additional premium must be paid. Coverage ceases if notice is not given within 30 days. Except as provided under the def'mition of anyone we protect, we do not cover liability arising out of the use of watercraft entrusted to any person by anyone we protect. We ,also. do, not cover statutorily imposed vicarious parental liability for the actions of a child or min6r using watercraft excluded above. 8. personal injury or property damage arising out of the rendering or failing to render professional services. 9. personal injury or property damage arising out of business pursuits or business property of anyone we protect. We do cover: a. activities normally considered non-business; b. the ownership of newly-acquired one or two family dwellings, but only for a period of 30 consecutive days after acquisition unless covered by underlying insurance. c. business pursuits or the ownership or usc of business property if underlying insurance affords coverage with respect to such personal injury or property damage, but not for broader coverage than is provided by the underlying insurance; or d. the ownership, use, loading or unloading of automobiles or watercraft by anyone we protect. 10. personal injury or property damage for which anyone we protect is covered under any nuclear energy liability policy, or would be covered il' its limit of liability had not becn exhausted. 11. any act or omission of anyone we protect as an officer or member of the board of directors of any corporation or other organization, except non-profit corporations or organizations. 12. personal injury or property damage which arises out of thc transmission of a communicable disease by anyone we protect. WHAT WE ALSO PAY Payment for the following is in addition to the limit of liability shown on the Declarations. We pay: 1. all expenses we incur and all costs against anyone we protect in a suit we defend; 2. premiums on bonds in a suit we defend, but not for bonds amounts greater than the limit of liability. We will also pay the cost of bail bonds required of anyone we protect because of an accident or traffic violation arising out of the use of a vehicle covered by this policy. We have no obligation to apply for or furnish bonds; 3. reasonable lawyers' fees up to $50 that anyone we protect incurs because of arrest resulting from an accident involving a vehicle covered by this policy; 4. reasonable expenses incurred by anyone we protect at our request. This includes actual loss of earnings (but not loss of other income) and vacation time or other benefit loss up to $100 per day for helping us in the investigation or defense of any claim or suit; 5. all interest on the full amount of any judgment on a suit we defend until we offer or deposit in court the amount for which we are liable. I~IGHTS AND DUTIES - CONDITIONS We, you and anyone else protected by this policy must do certain things in order for the terms of the policy to apply. (1) ACCOUNTING (Erie Insurance Exchange Only) Erie Indcrnnit? Company may keep up to 25% of the premium written or assumed by Erie Insurance Exchange as compensation for (a) becoming and acting as Attorney-in-Fact, (b) managing the business and affairs of Erie Insurance Exchange, its affiliates and sub- sidiaries, and (c) paying general administrative expenses, including sales commissions, salaries and employee bene- fits, taxes, rent, depreciation, supplies and data proc- essing. Thc rest of the premium will be placed on the books of the Erie Insurance Exchange. We will deposit or invest this amount as pcrmltted by law. This amount will be used to pay losses, loss adjustment expenses, investment expenses, damages, legal expenses, court costs, taxes, assessments, licenses, fees, and other govemmantal f'mcs and charges, establishment of reserves and surplus, and reinsurance, and may be used for dividends and other purposes Erie Indenmity Company decides are to the advantage of the Subscrlbers. (2) APPEALS If anyone we protect or an underlying insurer of anyone we protect chooses not to appeal a judgment which exceeds the Self-lusured Retention, we may choose to do so at our own expense. We will be responsible for the taxable costs, disbursements and interest incidental to the appeal. Our liability for ultimate net loss will not exceed the limit of liability shown on the Declarations for one occurrence plus the taxable costs, disbursements and interest. (3) ASSIGNMENT (Coverage for ~4uto Only) Interest in this policy may be transferred only with our written consent. If you die, the policy will cover: a. anyone we protect who is a member of your household at the time of your death, but only while a resident of the residence premises; b. your legal representative, but only while per- forming duties as your representative and only until the end of the policy period during which your death occurs. (4) AUTOMATIC RENEWAL POLICY Your policy will be automatically renewed at the end of the policy period, unless terminated by you or us in accordance with the steps explained in the Cancellation Condition. This is a service that we provide for you so that your insurance protection does not stop. For this service, you must mail our Agent or us written notice in advance of the new policy period if you do not want the renewal policy. If you do not notify us, your policy remains in effect. You must pay us the earned premium due us for this time. (5) CANCELLATION Your Right to Cancel You may cancel this policy by mailing or delivering to our Agent or us written notice stating at what future date you want the cancellation to take effect. We may waive these requirements by confLrming the date of cancellation to you in writing. Our Right to Cancel or Refuse to Continue We may cancel or refuse m continue this policy by mailing you written notice stating the effective date of our action. Our action will comply with the laws of the state in which this policy is issued. We reserve the fight to cancel for your noncompliance with our premium payment plans. We do not waive our right to cancel, even if we have accepted prior late payments. Our cancellation or refusal to continue this policy will not take effect until at least 30 days (Maryland - 45 days except for non-payment of premium) after we send it. Method of Giving Notice Mailing notice to the address shown on the Declarations will be sufficient proof of notice. The policy period will end on the cancellation date and time stated in the notice. Return of Premium If your policy is canceled by you or ns, we will retum the pro rata unused share of your premium. Cancellation will be effective even if we have not given or offered any return premium. (6) BANKRUPTCY OF ANYONE WE PROTECT Bankruptcy or insolvency of anyone we protect or anyone we protect's estate will not relieve us of any of our obligations under this policy. (7) CONCEALMENT, FRAUD OR MISREPRESEN- TATION This entire policy is void if before or after a loss anyone we protect has intentionally concealed or misrepresented any material fact or circumstance concerning this insur- In event of a fraudulent claim, we will not make payment for the loss. (8) HOW YOUR POLICY MAY BE CHANGED This policy conforms to the laws of the state in which it is issued. If the laws of the state change, this policy will comply with those changes. You may change your policy by asking ns. Your request must contain enough information to identify you. Asking our Agent is the same as asking us. If we agree with your request, we will then issue an Amended Declarations. We will give you the benefit of any change in 'coverag~ made by ns, if it does not require additional premium. This change will be effective as of the date we implement the change for you in your state. If the information we use to determine the premium for your coverage(s) changes during the policy period, we may adjust your premium. Premium adjustments will be made using rules and rates in effect for our use. (9) MAINTENANCE OF UNDERLYING INSURANCE You are required to maintain in full effect during the policy period, without alteration, the policies shown on the Declarations and/or Amended Declarations as under- lying insurance , including renewal and replacements of them. If you fail to comply with this requirement, this policy shall apply in the same manner it would have applied had such policy(ies) been so maintained in force. This does not apply to reduction or exhaustion of the aggregate limit contained in an underlying policy because of losses that arise out of occurrences which take place during the policy period. (10) NO CONTINGENT LIABILITY (Erie Insurance Exchange Only) You will not be assessed for the losses of Subscribers. 01) OTHER INSURANCE This insurance is excess over any other valid and collect- ible insurance. However, if the other insurance is specif- ically written as excess insurance over this policy, the limits of this policy apply f~rst. (12) OUR RIGHT TO RECOVER FROM OTHERS After we make payment under this policy, we will have the right to recover from anyone else held responsible. Anyone we protect will sign papers and do whatever is required to give this right to us, and do nothing to harm this right. Any amount recovered will be divided as follows: 1. Anyone, including anyone we protect, who paid an amount over the Self-Insured Retention and limit of liability will be reimbursed fa-st. We will be reim- bursed next to the extent of our payment. If any balance is still unpaid, anyone we protect or any underlying insurer will be reimbursed as theh' inter- ests appear. 2. The expenses of recovery will be shared by aL1 parties in the same proportion as their recovery. If we conduct the recovery proceedings alone and there is no recovery, we will pay all the expenses. (13) PAYMENT OF LOSS We will not be liable for ultimate net loss for any occur- fence until the amount of the applicable underlying limit or the Self-Insured Retention has been paid by or on behalf of anyone we protect on account of the occur- renee. Anyone we protect may make claim for payment under this policy within a reasonable time after the obli- gation of anyone we protect to pay ultimate net loss has been determined. This determination may be made by a 6 court of law or by written agreement of all parti~, including us. (14) POLICY ACCEPTANCE By accepting this policy, you agree that the policy con- rains all agreements relating to this insurance. The agree- ment is made in reliance on the facts you have given us, and is subject to all terms of this policy. (15) PRIORITY At our option, this insurance will frrst protect you and your spouse residing in your household, and secondly other we protect. (16) SEVERARILITY OF INTERESTS This insurance applies separately to anyone we protect. This condition shall not increase our liability for any one (17) SUIT AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. Suit must be brought within one year (Virginia - 2 years and Maryland - 3 years) after the loss or damage occurs. No one has the right to make us a party to a suit to determine the liability of anyone we protect. (18) WAIVER OR CHANGE OF POLICY PROVISIONS A wavier or change of any provision of this policy must be in writing to be valid. Our request for an examination will not waive any of our rights. (19) WHAT TO DO WHEN AN ACCIDENT HAPPENS When there is an accident, occurrence, offense, claim or suit, anyone we protect will: a. notify us or our Agent, in writing, as' soon possible stating: 1) the name and policy number of the named 2) the time, place, and circumstances of the accident or occurrence; 3) names and addresses of injured persons and witnesses. b. send us any papers that relate to the accident or c. at our request: 1) assist in making settlement; 2) help us enforce any right of recovery against any party liable to anyone we protect; 3) assist in the conduct of suits; 4) attend hearings and trials; 5) secure and give evidence and obtain the attendance of wimesses. 6) submit to statements under oath; 7) authorize us to obtain records and other information. Anyone we protect will not, make payments, assume obligations or incur expenses, other than for first aid, except at their own cost. If the amount of ultimate net loss becomes certain either through judgment or agreement among anyone we protect, us and the claimant, anyone we protect may pay the amount of the ultimate net loss to the claimant to settle the claim. We will reimburse anyone we protect for that part of the payment which exceeds the Self-Insured Retention after proof of the payment is submitted to us. This policy has been signed on oar behalf at Erie, Pennsylvania by our President and Secretary. If required by law, it has been countersigned on the Declarations by our duly authorized Agent. Secretary PCL (Ed. 9/94) UF-8095 ERIE. ERIE INSURANCE GROUP Home Office - ~00 Erie insurance Place · Erie PA ~6530 · {814)870 2000 7 ~ ERIE INSURANCE GROUP PERSONAL CATASTROPHE I~tABILiTY PCAT-12 (Ed. 9/94) UF-6288 UNINSURED MOTORISTS OR UNDERINSURED MOTORISTS COVERAGES ENDORSEMENT It is agreed that this insurance does not apply to Uninsured Motorists Coverage or Underinsured Motor- ists Coverage, unless anyone we protect carries such cov- erages provided by valid and collectible underlying insurance in an amount listed in the Schedule of Under- lying Insurance; and then only for such hazards for which coverage is afforded under said underlying insur- ance. OUR PROMISE The following paragraph is added under "OUR PROMISE" in your basic policy: We will pay to anyone we protect the ultimate net loss in excess of the amount of valid and cnllectible underlying insurance listed in the Schedule of Underlying Insurance. We will pay only the amount which the law entitles anyone we protect or anyone we proteet's legal represen- tative to recover under Uninsured Motorists Coverage or Underinsured Motorists Coverage. We do not cover liability for punitive or exemplary damages unless such liability is covered by valid and collectible underlying insurance at the full limits of liability as stated on the Declarations. We will provide this coverage only for those hazards which are covered by the underlying insurance. RIGHTS AND DUTIES - CONDITIONS (13) PAYMENT OF LOSS The following paragraph is added under (13) PAYMENT OF LOSS in your bas~'c p~licy: With respect to Uninsured Motorists Coverage or Underinsured Motorists Coverage, The ERIE's liability shall be only for the ultimate net loss in excess of the applicable limit(s) of the underlying insurance. The applicable limits are listed on the Declarations plus the applicable limit(s) of any other insurance collectible by anyone we protect. ALL OTHER PROVISIONS OF THE POLICY APPLY. 19 ERIE INSURANCE GROUP PERSONAL CATASTROPHE ~'IABIL~I.TY PCAT-13 (Ed. 7/91) UF-6505 PENNSYLVANIA UNINSURED MOTORISTS COVERAGE EXCLUSION ENDORSEMENT It is agreed that the insurance does not apply to Uninsured Motorists Coverage. 2O IRA H. WEINSTOCK, P.C., Plaintiff, VS. RONALD T. TOMASKO, MICHAEL A. KORANDA, and TOMASKO & KORANDA, P.C. Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY PENNSYLVANIA Docket No. 74-S~1997 CIVIL ACTION - LAW & EQUITY 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 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 jud~m'nent 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 CA~N GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, Pennsylvania 17101 Phone: 717-232-7536 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y arch/var en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o su$ propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEPHONO A LA OFFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, Pennsylvania 17101 Phone: 717-232-7536 IRA H. WEINSTOCK, P.C., Plaintiff, VS. RONALD T. TOMASKO, MICHAEL A. KORANDA, and TOMASKO & KORANDA, P.C. Defendants IN THE COURT OF COMSMON PLEAS DAUPHIN COUNTY PENNSYLVANIA Docket No. 74-S-1997 CIVIL ACTION - LAW & EQUITY COMPLAINT Plaintiff IRA H. WEINSTOCK, P.C. is a professional corporation operating in and under the laws of the Commonwealth of Pennsylvania. Plaintiff IRA H. WEINSTOCK, P.C.'s principal place of business is located at 800 North Second Street, Harrisburg, Dauphin County, Pennsylvania, 17102. Defendant Ronald T. Tomasko is an adult citizen of the Commonwealth of Pennsylvania. Defendant Ronald T. Tomasko resides at 6116 Ironwood Drive, Harrisburg, Dauphin County, Pennsylvania, 17I 12. Defendant Ronald T. Tomasko is an attorney admitted to practice law in the Commonwealth of Pennsylvania. Defendant Ronald T. Tomasko was an associate attorney who was continuously employed by the law firm of IRA H. WEINSTOCK, P.C. from August of 1991 until January 3, 1997. Defendant Ronald T. Tomasko graduated from law school in 1990. 11. 12. 13. 14. 15. 16. 17. 18. Defendant Ronald T. Tomasko did not bring any clients to the firm when he accepted employment with Plaintiff IRA H. WEINSTOCK, P.C. Defendant Michael A. Koranda is an adult citizen of the Commonwealth of Pennsylvania. Defendant Michael A. Koranda resides at 5560 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania 17055.' Defendant Michael A. Koranda is an attorney admitted to practice law in the Commonwealth of Pennsylvania. Defendant Michael A. Koranda was an associate attorney who was continuously employed by the law firm of IRA H. WEINSTOCK, P.C. from November of 1991 through December 18, I996. Defendant Michael A. Koranda ~aduated from law school in 1990. Defendant Michael A. Koranda did not bring any clients to the firm when he accepted employment with Plaintiff IRA H. WEINSTOCK, P.C. Defendant TOMASKO & KORANDA, P.C. is a law firm doing business in and under the laws of the Commonwealth of Pennsylvania. Defendant TOMASKO & KORANDA, P.C.'s principal place of business is located at 931 North Front Street, Harrisburg, Dauphin County, Pennsylvania, 17102. At some time bet-ween November of 1991 and December, 18 1996, Defendants Ronald T. Tomasko and Michael A. Koranda decided to terminate their employment with the law firm of IRA H. WEINSTOCK, P.C. and to form their own practice. Neither Defendant Ronald T. Tomasko nor Defendant Michael A. Koranda knew any of the below-named clients of IRA H. WEINSTOCK, P.C. prior to the commencement of their employment as associate attorneys with the law offices of IRA H. WEINSTOCK, P.C. 19. Kenneth Alexander was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 20. James Andrews was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 2I. Yvonne Beard was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 22. Francis Bear was an active client of Plaintiff IRA H.' WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 23. Joseph Bennethum was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. -3- 24. Hector Blanco was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 25. Thomas Brown was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 26. Michael Bryner was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEiNSTOCK, P.C. on December 18, 1996. 27. Roderick Campbell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 28. James. ConnelI was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 29. Jessica Connell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 30. Terry Con_nell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 31. Pdchard Conte was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December I8, 1996. 32. Lee Cooper was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 33. Tirzah Cruz was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 34. Arlene DeLaRosa was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. -5- 35. Andrea DeVanney was an active client of PlaintifflRA H. WEINSTOCK, P.C. dur/ng the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, I996. 36. Mariarme Dommel was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEiNSTOCK, P.C. on December 18, 1996. 37. Thomas Durkin was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 38. William Evans was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 39. Robert Eyster was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 40. John Fultz was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees 41. 42. 43. 44. 45. of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Eric George was an active client ofPlaintifflRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. James Gery was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Donna Gillespie was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. David Hale was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Clifford Hanes was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. -7- 46. Paul Haut was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 47. Roberta Hodge was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 48. William Hoffman was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 49. Harry Hoover was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time ,,,,'hen Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 50. JJMB Enterprises was an active client of PlaintifflRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 5 I. Ray Jones was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees 52. 53. 54. 55. 56. of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. William Judy was an active client of Plaintiff IP,_~. H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff II:LA H. WEINSTOCK, P.C. on December 18, 1996. Ronald Kell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Stanley Kitner was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. YVEINSTOCK, P.C. on December 18, 1996. Belinda Lang was an active client ofPlaintifflRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff II:L~ H. WEINSTOCK P.C. on December 18, 1996. Sophie Latta was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, I996. 57. Earl Leese was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December I8, I996. 58. Cynthia Lippy was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 59. William Maturo was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff ILL4. H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 60. Lenny McGarvey was an active client of Plaintiff IRA. H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 6l. Carlos Mendoza was an active client of Plaintiff IRA ti. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 62. Barbara Metze was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IP,.A H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 63. George Miller was an active client of Plaintiff IlLS H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 64. Denise Monismith was an active client of Plaintiff IRA H. WEFNSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December I8, I996. 65. Roger Murphy was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 66. Christopher Nicewicz was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 67. Robert Nolen was an active client of Plaintiff IRA H. WEFNSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. -11- 68. 69. 70. 71. 72. 73. Ronald Over was an active client of Plaintiff IRA H. WTINSTOCK, P.C. during the t~me when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEFNSTOCK, P.C. on December 18, 1996. Tuerisa Palmer was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. YVEINSTOCK, P.C. on December 18, 1996. Peter Pasquoche was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Paul Powley was an active client of Plaintiff IRA H. WE1NSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Michael Proco was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Francisco Quintarma was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were - 12- 74. 75. 76. 77. 78. employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WE1NSTOCK, P.C. on December 18, 1996. Ellie Ravago was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Janet Ravago was an active client of Plaintiff I1L~. H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. John Reckline was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Carol Reich was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IIL4. H. WEINSTOCK, P.C. on December 18, 1996. Josiah Russell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IR& H. WEINSTOCK, P.C. on December 18, 1996. - 1:3- 79. Jeff Shepley was an active client of Plaintiff IP,-4 H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA. H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 80. John Shetter was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. W'EINSTOCK, P.C., and was a client of Plaintiff IRA H. YVEINSTOCK, P.C. on December 18, 1996. 81. Anita Shirley was an active client of Plaintiff IRA H. %~EINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IIL4. H. WEINSTOCK, P.C., and xvas a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 82. John Shorb was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 83. Steven Shughart was an active client of Plaintiff IP,_~t H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IIL~ H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 84. Glenn Smith was an active client of Plaintiff IRA H. WEiNSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees - 14- SS, 86. 87. 88. 89. of Plaintiff Ii:LA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK. P.C. on December 18, 1996. Ida Smith ,,vas an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK. P.C. on December 18, 1996. Tim Smith was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff I1L~. H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK. P.C. on December 18, 1996. August Tokish was an active client of Plaintiff IR_& H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaimiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff I2:L4. H. WEINSTOCK P.C. on December 18, I996. Carlos Torres was an active client of PlaintifflRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. Rocco Torro was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. -15- 90. Patrick Trainor was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, I996. 91. Cathy Wamsley was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 92. Chris Waxmonsky was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 93. Noreen Weikert was an active client of Plaintiff IRA H. WE1NSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff ItL~. H. WEINSTOCK, P.C. on December 18, 1996. 94. Jeanne Wertz was an active client ofPlaintifflRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 95. Richard Weschitz was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were - 16- employees of Plaintiff IRA H. WEINSTOCK~ P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 96. Jeff Williams was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WE[b/STOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December I8, 1996. 97. Fred Wolf was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 98. Plaintiff believes, and therefore avers, that between January 1, I996 and January 3, 1997, and while Defendants Ronald T. Tomasko and Michael A. Koranda were employees of IRA H. WEINSTOCK, P.C., Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda told each client listed in '119 through ~197 above that Defendants Ronald T. Tomasko and Michael A. Koranda intended to leave the firm of IRA H. WEINSTOCK, P.C. 99. Plaintiff believes, and therefore avers, that between January 1, 1996 and January 3, 1997, and while Defendants Ronald T. Tomasko and Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda asked each client listed in 719 through ~[97 above to sever his, her or its relationship with the law firm of IRA H. WEINSTOCK, P.C. and to become clients of Defendants Ronald T. Tomasko and Michael A. Koranda when they opened their own -17- law practice. 100. Plaintiff believes, and therefore avers, that between January 1, 1996 and January 3, 1997, and while Defendants Ronald T. Tomasko and Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda made offers to each client listed in 719 through 797 above that if the client would sever his, her or its relationship with IRA H. WEINSTOCK, P.C. when Defendants Ronald T. Tomasko and Michael A. Koranda left to open their own practice, that Defendants Ronald T. Tomasko and Michael A. Koranda would charge smaller fees and/or lower contingency fee percentages, as the case may be, than the client was then being charged by the law firm of IlLS H. WEINSTOCK, P.C. I 01. Plaintiff believes, and therefore avers, that between January 1, 1996 and January 3, 1997, and while Defendants Ronald T. Tomasko and Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., Defendant Ronald T. Tomasko and/or Defendant MichaeI A. Koranda told each client listed in ~19 through 797 above that when Defendants Ronald T. Tomasko and Michael A. Koranda left to open their own practice, Plaintiff IRA H. WEINSTOCK, P.C. would be unable to handle the client's case and would be unable to represent the client effectively without the involvement of Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda. 102. Plaintiff believes, and therefore avers, that between January 1, I996 and the present, Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda told each client listed in 719 through 797 above that if the client severed his, her or its relationship with the law firm of IRA H. WE1NSTOCK, P.C. and retained Defendants as counsel, the client - 15- could ignore his, her or its contractual commitment to Plaintiff IRA H. WEINSTOCK, P.C. and would not be obligated to pay any attorney's fees to Plaintiff IRA H. WE1NSTOCK, P.C. 103. Plaintiff believes, and therefore avers, that between December 18, 1996 and January 2, 1997, Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda contacted each client listed in ~19 through '[[97 above to encourage each of them to sever his, her or its relationship with Plaintiff and to retain Defendants as counsel, and provided to each client previously prepared forms through which the client could seek to terminate his, her or its relationship with Plaintiff. 104. Plaintiff believes, and therefore avers, that between January 1, 1996 and the present, Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda deliberately and knowingly made false statements, which Defendants knew or should have known to be false, or which were made with reckless disregard as to the truth or falsity of each statement, to each client listed in '~19 through '[[97 above that disparaged the honesty, reputation and/or legal knowledge and ability of Plaintiff's other attorneys. 105. Plaintiff believes, and therefore avers, that between January. 1, 1996 and January 3, 1997, Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda deliberately removed and/or copied confidential business records of IRA H. WEINSTOCK, P.C., which Defendants then used to contact the clients listed in ~19 through ~97 above in an effort to encourage them to sever his, her or its relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. 106. Neither Defendant Ronald T. Tomasko nor Defendant Michael A. Koranda informed - 19- Plaintiff that he intended to leave the law firm of IILA H. WEINSTOCK, P.C. and open a separate practice. 107. Neither Defendant Ronald T. Tomasko nor Defendant Michael A. Koranda informed Plaintiff that he was contacting clients of I1LA H. WEINSTOCK, P.C. to solicit representation and to inform them that he intended to leave the law firm of IRA H. WEINSTOCK, P.C. 108. Each of the clients of IRA H. WEINSTOCK, P.C. listed in 719 through '~97 above, with the exception of ~[~ 21, 25, 36, 44, 47, 70, 90 and 93, in response to solicitation by Defendants, signed the prepared forms provided by Defendants, attempting to sever his, her or its representation by Plaintiff, and signed fee agreements purporting to retain Defendants as counsel. 109. At all times relevant to the claims raised in this Complaint, Plaintiff remained ready, willing, and able to provide continued representation, through the services of qualified, experienced, and licensed attorneys, to each client listed in ~19 through ~[97 above. 1 I0. Plaintiff believes, and therefore avers, that after January 3, 1997, Defendants continued to contact the clients of IRA H. WEINSTOCK, P.C. in an effort to solicit these clients to sever their relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. 111. Plaintiff believes, and therefore avers, that but for the solicitations by Defendants, Defendants' actions as stated in this Complaint, and Defendants' representations stated in ~,98 through 7104 above, the clients identified above who retained Ronald T. Tomasko, Michael A. Koranda and/or Tomasko and Koranda, P.C. would not have terminated their - 20 - attorney-client relationships with IRA H. WEINSTOCK, P.C. 112. The law finn of IRA H. WED'STOCK, P.C. had a contractual relationship with each client listed in ~]~ 20, 24, 26, 34, 35, 45, 46, 49, 51, 54, 61, 66, 77, 79, 80, 8l, 87, 91, 92 and 96 above, with respect to a workers' compensation case. 113. As to each said client listed in '~112, Defendants filed petitions with the Bureau of Workers' Compensation or the Workers' Compensation Appeal Board, as the case may b~, and without giving notice to Plaintiff, in which Defendants sought to terminate the client's contractual fee a~eement with IRA H. WEINSTOCK, P.C. and to substitute a fee a~eement with Defendant TOMASKO & KORANDA, P.C. 114. Plaintiff believes, and therefore avers, that from December 18, 1996 to the present date, as to the clients listed in ~I9 through '~97 above, Defendants contacted, via letters or briefs, various Workers' Compensation Judges and/or opposing counsel regarding fees due and owing to IRA H. WEINSTOCK, P.C. in an effort to divert payment of these fees to Defendants, and did so without notify or providing copies of the letters and briefs to Plaintiff. 115. As to each of the clients of IRA H. WEINSTOCK, P.C. listed in 719 through ~]97 above, with the exception of~'] 23, 29, 30, 32, 37, 39, 50, 53, 55, 56, 57, 59, 60, 62, 65, 71, 74, 83, 84, 85, 90 and 94, Plaintiff believes, and therefore avers, that between January 2, 1997 and the present date, Defendants contacted the insurance carrier of the client's employer and sought to cause the insurance carrier to cease making payment of attorney's fees payable to IRA H. WEINSTOCK, P.C. pursuant to an existing Order by a Workers' Compensation Judge or the Workers' Compensation Appeal Board, as the case may be, -21 - and to divert payrnent of said fees to Defendant TOMASKO & KORANDA, P.C. I16. As to each client listed in ~ 34, 35, 49, 66, 77, 87, 91 and 92 above, the employer's insurance carrier did, in fact, divert payments from IRA H. WEINSTOCK, P.C. to Defendant TOMASKO & KORANDA, P.C. 117. Plaintiff believes, and therefore avers, that as to each client listed in ~119 through ~97 above, Defendants, who did not represent the client at the time, contacted opposing counsel and/or an insurance carrier and/or representatives or agents of the client's employer requesting information about the client, including a telephone number and/or an address, and then attempted to contact the client to induce Nm, her or it to sever the existing attorney-client relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. I 18. Plaintiff believes, and therefore avers, that Defendants have, after January 2, 1997 and to the present date, as to the clients listed in ~[19 through ~I97 above, claimed that they represent and/or have been retained by these clients while said clients, in fact, remained active clients of IRA H. WEINSTOCK, P.C. and when, in truth, Defendants had not yet been retained, or never were retained, as the ease may be, by these clients of IRA H. WEINSTOCK, P.C. 119. Plaintiff believes and therefore avers, that as to the clients listed in ¶19 through 797 above, when the clients did not retain Defendants in response to their written solicitations, Defendants contacted the individuals by telephone or in person to solicit them, and when the clients informed Defendants that they intended to remain clients of IRA H. WE1NSTOCK, P.C., Defendants demanded to know why. - 22 - 120. Each client listed in '~19 through ~97 above, had a contingency fee ageement with the law firm of IRA H. WEINSTOCK, P.C. prior to December 18, 1996, and that firm expended substantial time and effort in each client's case, for which Plaintiffhas not been fully compensated or compensated at all, as the case may be. 121. As to each client listed in ~119 through ~97 above, Plaintiff believes, and therefore avers, that Defendants have obtained a monetary recovery on behalf of said individuals. 122. As to the clients listed in ~19 through ~]97 above, IRA H. WEEN'STOCK, P.C. had obtained settlement offers prior to December 18, 1996 or January, 3, I997, as the case may be, and had performed the majority of the work in each case prior to Defendants' departure from employment with IRA H. WEINSTOCK, P.C.; Defendants subsequently settled these cases shortly after their departure at the same or lower amounts as had been offered to IRA. H. WEINSTOCK, P.C. previously. 123. As to the clients listed in ~]19 through ~97 above, Defendants have attempted to obtain awards of attorneys' fees on cases on which Defendants had not performed any work after their departure from employment with IRA H. WEINSTOCK, P.C. COUNT I INTERFERENCE WITH CONTIL4.CT 124. Each of the preceding paragaphs is incorporated by reference as if fully set forth here. 125. Defendants' previously stated actions and conduct was wrongful and without privilege. 126. Defendants' conduct has caused Plaintiffto incur damages in excess of 535,000.00, which amount exceeds the .jurisdictional limit requiring mandatory arbitration of this claim. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award judgment - 23 - in its favor and against Defendants, and award all available damages, including punitive damages, costs, and pre- and post-jud~mnent interest, and award such other relief as this Honorable Court deems appropriate. COUNT II BREACH OF FIDUCIARY DUTY 127. Each of the preceding para~aphs is incorporated by reference as if fully set forth here. 128. Defendants Ronald T. Tomasko and Michael A. Koranda, as employees of IRA H. WEINSTOCK, P.C., owed a fiduciary duty to IiLS H. WEINSTOCK, P.C. 129. Defendants' previously described actions and conduct breached their fiduciary duty to IRA H. WE1NSTOCK, P.C. and caused Plaintiff to incur damages in excess of 535,000.00, which amount exceeds the jurisdictional limit requiring mandatory arbitration of this claim. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award jud~m'nent in its favor and against Defendants, and award all available damages, including punitive damages, costs, and pre- and post-jud~m'nent interest, and award such other relief as this Honorable Court deems appropriate. COUNT III UNJUST ENRICHMENT 130. Each of the preceding para~aphs is incorporated by reference as if fully set forth here. 131. Defendants' previously described actions and conduct have deprived Plaintiffofrightfully earned attorney's fees, and have resulted in payment to Defendants for work which was, in fact, performed by IRA H. WEINSTOCK, P.C. 132. As a result of Defendants' actions and conduct, Plaintiff has suffered damages in excess - 24 - of $35,000.00, which amount exceeds the jurisdictional limit requiring mandatory arbitration of this claim. WHEREFORE, Plaintiff respectfully requests that ti'tis Honorable Court award judgment in its favor and against Defendants, and award all available damages, including punitive damages, costs, and pre- and post~judgrnent interest, and order Defendants to escrow all monies received from or on behalf of individuals who were former clients of IRA H. WEINSTOCK, P.C., and award such other relief as this Honorable Court deems appropriate. COUNT IV Q UAxNTUM MERUIT 133. Each of the preceding para~aphs is incorporated by reference as if fully set forth here. 134. Defendants' previously described actions and conduct have deprived Plaintiff of rightfully earned attorney's fees, and have resulted in payment to Defendants for work which was, in fact, performed by IRA H. WEINSTOCK, P.C. 135. As a result of Defendants' actions and conduct, Plaintiff has suffered damages in excess of $35,000.00, which amount exceeds the jurisdictional limit requiting mandatory arbitration of this claim. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award jud~ment in its favor and against Defendants, and award all available damages, including punitive damages, costs, and pre- and post-judgment interest, and order Defendants to escrow all monies received from or on behalf of individuals who were former clients of IRA H. WEINSTOCK, P.C., and award such other relief as this Honorable Court deems appropriate. - 25 - COUNT V DEFAMATION 136. Each of the preceding parag'raphs is incorporated by reference as if fully set forth here. 137. Defendants Ronald T. Tomasko and/or Michael A. Koranda have, in addition to the previously mentioned comments, at various times told various clients of IRA H. W-EINSTOCK, P.C. that Ira H. Weinstock, Esquire, is incompetent, is stupid, is ~eedy, is cheap, has forced clients to pay for charges which are not the client's responsibility, does not know the law relevant to the client's case, has not properly handled the client's case, has held client's money for a longer time than required for a check to clear in order to earn interest for his firm on the client's money, is dishonest, has made remarks disparaging the client and/or made fun of the client, does not care about the client, only about the client's money, has failed to handle the client's case expeditiously, and has settled or refused to settle the client's case, as the case may be, to the detriment of the client. 138. Defendants have, at various times, referred to Mr. Weinstock as "Mr. Slimestock." 139. Each of the comments in ~[137 is untrue, and Defendants knew, or should have known, that said remarks were untrue or acted with reckless disregard as to the truth or falsity, of said statements, and acted maliciously with intent to harm Plaintiff, and to harm the professional reputation of PlaintifFs President and PlaintifFs most senior attorney. 140. As a result of Defendants' actions and conduct, Plaintiff has suffered damages in excess of $35,000.00, which amount exceeds the jurisdictional limits requiring mandatory arbitration of this claim. - 26 - WHEREFORE, Plaintiff respectfully requests that this Honorable Court award judgrnent in its favor and against Defendants, and award ail available damages, including punitive damages, costs, and pre- and post-judgment interest, and award such other relief as this Honorable Courl: COUNT 'vl REQUEST FOR ACCOUNTING I41. Each of the preceding paragraphs is incorporated by reference as if fully set forth here. I42. Defendants have received monies which represent work performed by IRA H. WEINSTOCK, P.C. or to which IRA H. WEINSTOCK, P.C. is otherwise entitled. 143. Defendants have failed to provide an accounting to Plaintiff of all monies received on behalf of or from individuals and entities who were formerly clients of IIL~ H. WEINSTOCK, P.C. 144. As a result of Defendants' actions and conduct, Plaintiff is entitled to a complete accounting of all said monies. WHEREFORE, Plaintiff respectfully requests that this Honorable Court ~ant judgement in its favor and against Defendants, order Defendants to provide an accounting of all such monies received, award costs and attorney's fees to Plaintiff, and award such other relief as this Honorable Court deems appropriate. COUNT VII THEFT OF SERVICES 145. The preceding paragraphs of this Complaint are hereby incorporated by reference as if fully set forth herein. 146. Defendant Michael A. Koranda, during the course of his employment by IRA H. - 27 - deems appropriate. WEINSTOCK, P.C., obtained a federal firearms license. 147. Defendant Michael A. Koranda, during the course of his employment by IRA H. WEINSTOCK, P.C., during the normal business hours of IRA H. WEINSTOCK, P.C., and on and from the premises of IRA H. WEINSTOCK, P.C., engaged in activities related to his federal firearms license, including but not limited to, purchasing, by mail, firearms and accessories related thereto, and the showing and sale of firearms and accessories related thereto to clients of IRA H. WEff4STOCK, P.C. 148. Defendant Michael A. Koranda failed to inform his employer that he was engaging in the activities stated in the preceding para~aph. I49. Defendant Michaei A. Koranda, as stated in preceding para~aphs, during the course of his employment by IRA H. WE1NSTOCK, P.C., and specifically during the period from January 1, 1996 through December 18, 1996, during the normal business hours of IRA H. WEINSTOCK, P.C., and on and from the premises of IRA H. WEINSTOCK, P.C., contacted the clients of IRA H. WEINSTOCK, P.C. identified in the preceding para~aphs and attempted to convince these clients to sever their' relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. I50. During the times in which Defendant Michael A. Koranda engaged in the activities stated in the preceding para~aph, he was not engaged in furthering the activities or interests of his employer, but was acting to further his own interests to the detriment of IRA H. WEINSTOCK, P.C. 151. Defendant Michael A. Koranda accepted payment in the form of salary and bonuses for time which he actually spent in furthering his own interests and acting against the interests - 28 - I52. of and to the detriment of IRA H. WEINSTOCK, P.C. Defendant Michael A. Koranda failed to disclose to his employer that he was being paid for time spent acting against the interests of his employer, and to the detriment of his employer. 153. Defendant Ronald T. Tomasko, as stated in preceding para~aphs, during the course of his employment by IRA H. WEINSTOCK, P.C., and specifically during the period between January I, 1996 and January 3, 1997, during the normal business hours of IRA H. WE1NSTOCK, P.C., and on and from the premises of IRA H. WEINSTOCK, P.C., contacted the clients of IRA H. WEINSTOCK, P.C. identified in the preceding para~aphs and attempted to convince these clients to sever their relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. 154. Dur/ng the times in which Defendant Ronald T. Tomasko engaged in the activities stated in the preceding para~aph, he was not engaged in furthering the activities or interests of his employer, but was acting to further his own interests to the detriment of LRA H. WEINSTOCK, P.C. 155. Defendant Ronald T. Tomasko accepted payment in the form of salary and bonuses for time which he actually spent in furthering his own interests and acting against the interests of and to the detriment of IRA H. WEINSTOCK, P.C. I56. Defendant Ronald T. Tomasko failed to disclose to his employer that he was being paid for time spent acting against the interests of his employer, and to the detriment of his employer. 157. As a result of Defendant Michael A. Koranda's and Ronald T. Tomasko's actions, 4 29 - Defendant has suffered damages in excess of $35,000.00, which amount exceeds the jurisdictional requirement for mandatory arbitration. WHEREFORE, Plaintiff respectfully requests that this Honorable Court ~ant judgment in favor of Plaintiff and against Defendants Michael A. Koranda and Ronald T. Tomasko and award as damages the amounts of salary and bonuses paid by Plaintiff to each Defendant during calendar year 1996 and calendar year 1997, plus interest, costs, attorney's fees, punitive damages, and such other relief as this Honorable Court deems appropriate. Respectfully Submitted, KEEFER, WOOD, ALLEN & RAHAL, LLP 210 WaLnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 Phone: 717-255-8010 CHARLES W. RUBENT)ALL II IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 IRA H. WEINSTOCK - 30 - COI'vEMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) I verify that the statements made in the attached COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATED: IRA H. WEINSTOCK CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, attorney for Plaintiff, Ira H. Weinstock, P.C., hereby certify that I have served the fore~oin9 Complaint upon counsel of record this date by depositing true and correct copies of the sane in the United States mail, first-class postage prepaid, addressed as follows: Janes G. Nealon III, Esquire Nealon & Gover 301 Market Street Harrisburg, PA 17101 J~nes R. Clippinger, Esquire Caldwell & Kearns 3631N. Front St. Harrisburg, PA 17110 Dated: Decanber30, 1997 KEEFER, WOOD, ALLEN & RAHAL Rubendall II Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Office of the Sheriff Dauphin County Harrisburg, Pennsylvania 17101 (717) 255-2660 R. Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Ralph G. McAIlister Chief Deputy Michael W. Rinehart Assistant Chief Deputy SHERIFF' S RETURN NO. 2097-5 --1998 AND NOW: May 27, 1998 COMPLAINT FOR DECLARATORY JUDGMENT TOMASKO RONALD T HIM at 3t30PM served the within upon by personally handing to 1 true attested copy(les) of the original COMPLAINT FOR DECLARATORY JUDGMENT and making known to him/her the contents thereof at HIS PLACE OF EMPLOYMENT 931 N. FRONT STREET HARRISBURG, PA 00000-0000 ~herif~of Dauphin County, Pa. DB/LB Plaintiff: ERIE INSURANCE COMPANY Sheriff's Costs: $64.00 PD 05/14/1998 RCPT NO 111680 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Office of the Sheriff Dauphin County Harrisburg, Pennsylvania 17101 (717) 255-2660 J. R. Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Ralph G. McAIlister Chief Deputy Michael W. Rinehart Assistant Chief Deputy SHERIFF'S RETURN NO. 2097-S - -1998 AND NOWt May 15, 1998 COMPLAINT FOR DECLARATORY JUDGMENT WEINSTOCK IRA H PC LINDA WITMER, SECRETARY at i:05PM served the within upon by personally handing to 1 true attested copy(les) of the original COMPLAINT FOR DECLARATORY JUDGMENT and making known to him/her the contents thereof at 800 NORTH SECOND ST HARRISBURG, PA 17102-0000 ~heriff of Dauphin County, GM/DB Plaintiff: ERIE INSURANCE COMPANY Sheriff's Costs: $64.00 PD 05/14/1998 RCPT NO 111680 Pa. Sheriff 77 INSURANCE COMPANY ~" / VS. TO, KO RONALD T 6~6 IRONWOOD DRIVE · ~RRISBURG, PA 17112 (01 COPY) ~WEINSTOCK IRA H PC 800 NORTH SECOND ST ~IARRISBURG, PA 17102 (01 COPY) C0~P~TNT ~OR ~C~R~TORY G~NT Directions to Sheriff of Dauphin County, PA DAVID SCHW~M 305 NORTH FRONT ST, P.O.BOX 999 ~RISB~G, PA 5-7643 ~ ERIE INSURANCE COMPANY, PLAINTIFF RONALD T. TOMASKO and IRA H. WEINSTOCK, P.C., DEFENDANTS : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2097-98 CIVIL ACTION - AT LAW . .. : DECLARATORY JUDGMENT PR/t~_CIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Ronald T. Tomasko and Ira H. Weinstock, P.C., with regard to the above-captioned matter. Respectfully submitted, NEALON~,,~ James G. Nealon, Esquire Atty. I.D. #46457 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICF AND NOW, this 24th day of June, 1998, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David L. Schwalm, Esquire THOMAS, THOMAS & HAFER 305 North Front Street PO Box 999 Harrisburg, PA 17108 Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 James G. Nealon, III, Esquire ERIE INSURANCE COMPANY, PLAINTIFF RONALD T. TOMASKO and IRA H. WEINSTOCK, P.C., DEFENDANTS IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2097-98 CIVIL ACTION - AT LAW DECLARATORY JUDGMENT AMENDED PRAECIPE TO THE PROTHONOTARY: Please correct the previous Entry of Appearance to reflect that the undersigned represents only Ronald T. Tomasko. Respectfully submitted, NEALON & GOVER B Y/~/J~m e s'-G(. 'N~e a Io~, Esq Ui~'~/ (~Atty. I.D. #46457 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 1st day of July, 1998, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David L. Schwalm, Esquire THOMAS, THOMAS & HAFER 305 North Front Street PO Box 999 Harrisburg, PA 17108 Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 (~r~s G.~-Nealon, III, Esquire' ERIE INSURANCE COMPANY Plaintiff, VS. RONALD T. TOMASKO Defendants : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA .' .' : NO. 2097. S - 98 CIVIL .' : : CIVIL ACTION. DECLARATORY : JUDGMENT ANSWER AND COUNTERCLAIM OF DEFENDANT RONALD T. TOMA KO Answer 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part, denied in part. It is admitted that certain claims raised in the Complaint arise out of the employment of Defendant Tomasko by Defendant Ira H. Weinstock, P.C. and the Opening ora new law firm by Ronald T. Tomasko and Michael Koranda on January 3, 1997. However, it is denied that all of the claims raised in the Complaint arise out of the employment of Defendant Tomasko by Defendant Ira H. Weinstock, P.C. and the opening of a new law firm by Ronald T. Tomasko and Michael Koranda on January 3, 1997. To the contrary, Count V of the Complaint does not arise out of the employment of Defendant Tomasko by Defendant Ira H. Weinstock, P.C. and the opening of a new law firm by Ronald T. Tomasko and Michael Koranda on January 3,1997. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. conclusions of law to which no response is required. deemed required they are denied. 21. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted The averments contained in paragraph 20 of the Plaintiff's Complaint are To the extent a response is 22. The allegations set forth in paragraph 1-22 are hereby incorporated by reference as if fully set forth herein. 23. The policy issued by Counter-Claim Defendant Erie provides liability coverage to Counter-Claim Plaintiff Tomasko for one or more claims raised in the Complaint. 24. The policy issued by Counter-Claim Defendant Erie also provides, in pertinent part: If anyone we protect is sued for damages because of personal injury or property damaged covered by this policy, we will provide a defense with a lawyer we choose, even if the allegations are not true. 25. Count V of the Complaint alleges, inter alia, that Counter-Claim Plaintiff Tomasko defamed Ira H. Weinstock, Esquire, a shareholder of Defendant, Ira H. Weinstock, P.C. 26. The factual allegations of the complaint against Counter-Claim Plaintiff Tomasko state a claim which may potentially fail within the coverage of the policy. 27. Under the express terms of the insurance policy and applicable Pennsylvania law, Counter-Claim Plaintiff Tomasko maintains and contends that Counter-claim Defendant Erie has a duty to defend Counter-Claim Plaintiff Tomasko against the claims raised in the Complaint. 28. Under the express terms of the insurance policy and applicable Pennsylvania law, Counter-claim Plaintiff Tomasko maintains and contends that coverage exists under the policy for the following reasons: a. The claims raised in the Complaint constitute an "occurrence" as defined in the policy; The factual allegations of the Complaint state a claim which may potentially fall within the coverage of the policy; The factual allegations contained in the Complaint al .... lege personal ~njury" as defined in the policy; and The allegations contained in the Complaint do not fall within the exclusion for business pursuits contained in the policy. 29. As a direct and proximate result of Counter-Claim Defendant Erie's failure to provide a legal defense for Counter-Claim Plaintiff Tomasko against the claims raised in the Complaint, Counter-Claim Plaintiff Tomasko has incurred attorney's fees and costs for which a claim is hereby made. WHEREFORE, Counterclaim Plaintiff, Ronald T. Tomasko, respectfully requests that this Court enter a declaratory judgment that: Counterclaim Plaintiff Ronald T. Tomasko is covered for one or more claims raised in the Complaint under the policy of insurance issued by Counterclaim Defendant Erie Insurance Company; Counterclaim Defendant Erie Insurance Company is obligated to provide Counterclaim Plaintiff Ronald T. Tomasko with a defense to the action brought by Defendant, Ira H. Weinstock, P.C.; Counterclaim Defendant Erie Insurance Company is obligated to reimburse Counterclaim Plaintiff Ronald T. Tomasko for all attorney's fees and costs expended to date in defending the claims set forth in the Complaint; That the Court provide such other relief as is deemed necessary or appropriate under the circumstance. Respectfully submitted, NEALON & (~OVER By:_ James G. Nealon, III, Esquire Atty. I.D. #46457 301 Market Street -. 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 C~ERTIF_ ICATE O~SERVIC[ AND NOW, this 1st day of March, 2000, I hereby certify that I have served the foregoing Answer and Counter-Claim of Defendant, Ronald T. Tomasko, on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Charles W. Rubendall, II, Esquire 210 Walnut Street Harrisburg, PA 17101 roes G. Nealon, Iii, Esquire - iL, ERIE INSURANCE COMPANY, Plaintiff RONALD T. TOMASKO, and IRA H. WEINSTOCK, P.C., Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA NO. 2097-S-98 CIVIL CIVIL ACTION - JUDGMENT ACTION JURY TRIAL DEMANDED DECLARATORY PLAINTIFF ERIE'S ANSWER TO THE COUNTERCLAIM OF DEFENDANT TOMASKO AND NOW, Erie Insurance Company, by its attorneys, Thomas, Thomas & Haler, LLP, files this Answer to the Counterclaim of Defendant Tomasko, as follows: 22. By way of answer, Plaintiff Erie incorporates herein by reference the averments contained in Paragraph 1 through 21 of its Complaint. 23. Denied. Plaintiff Erie specifically denies that its policy provides coverage to Tomasko for any of the claims set forth in the Complaint filed by Defendant Weinstock. 24. 25. Admitted. Denied as stated. Although it is admitted that Count V of the Weinstock Complaint contains a claim for defamation, Plaintiff Erie specifically denies that claims against Defendant Tomasko contained in Count V of the Weinstock Complaint are covered under its policy since the allegations fall within the exclusion for business pursuits contained in the Erie policy and are otherwise not insured for the reasons set forth in the Complaint filed in this action. 26. Denied. Plaintiff Erie specifically denies that the claims against Defendant Tomasko contained in the Weinstock Complaint are covered under its policy since the allegations fall within the exclusion for business pursuits contained in the Erie policy and are otherwise not insured for the reasons set forth in the Complaint filed in this action. 27. Denied. Plaintiff Erie specifically denies that it has a duty to defend Defendant Tomasko for the reasons set forth in its Complaint. 28. Denied. Plaintiff Erie specifically denies that its policy provides coverage to Tomasko for any of the claims set forth in the Complaint filed by Defendant Weinstock. 29. Denied. By way of further answer, Plaintiff Erie believes, and therefore avers, that Defendant Tomasko is being represented by his legal malpractice carrier with respect to the claims raised in the Weinstock Complaint and has not incurred attorney's fees and cost in connection with the defense of that matter. WHEREFORE, Plaintiff Erie Insurance Company respectfully requests that the Honorable Court dismiss Defendant Tomasko's Counterclaim and enter a Declaratory Judgment in its favor. DATED: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP David L. Schwalm, Esquire Atty. I.D. 32574 Attorney for Plaintiff 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 2 VERIFICATION I, Thomas Heim, an authorized representative of Erie Insurance Group, having read the foregoing Answer to the Counterclaim of Defendant Tomasko, hereby verify and affirm that the averments contained therein are true and correct to the best of my personal knowledge or information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Insurance Group CERTIFICATE OF SERVICE I, David L. Schwalm, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorneys for Plaintiff, do hereby certify that on this date I served the foregoing Answer to the Counterclaim of Defendant Tomasko, by placing a true and correct copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 Ira H. Weinstock, Esquire 800 North Second Street Suite 100 Harrisburg, PA 17102 DATED: ~[~/L~O THOMAS, THOMAS & HAFER, LLP David L. Schwalm, Esquire Atty. I.D. 32574 Attorney for Plaintiff 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 ERIE INSURANCE COMPANY Plaintiff VS. RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA NO. 2097-S-98 : CIVIL ACTION - DECLARATORY JUDGMENT ACTION : JURY TRIAL DEMANDED · PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the appearance of David L. Schwalm, Esquire of Thomas, Thomas & Hair, LLP, on behalf of Plaintiff Erie Insurance Company. ~:~ Date: THOMAS, THOMAS, & HAFER, LLP ~hwalm, Esquire PO Box 999 Harrisburg, PA 17108-0999 255-7643 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg, Katzman & Shipman, P.C., on behalf o£PlaintiffErie Insurance Company. Date: 612751 GOLDBE]I~h-'K~TZMAN & SHIPMAN, P.C. By: ( ~,~~'"~ Thomas E. Brenner, Esquire PO Box 1268 Harrisburg, PA 17108-1268 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ]~,~¢-4q day of ~t~t~'~7 ,2001, ,/ addressed as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 N Front Street Harrisburg, PA 17110 David L. Schwalm, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PA 17102 GOLDBERG, KATZMAN & SHIPMAN, P.C By G~enda J. Means, S'-~/retary for Thomas E. Brenner, Esquire I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff ERIE INSURANCE COMPANY Plaimiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA vs. NO. 2097-S-98 RONALD TOMASKO AND IRA H. WEINSTOCK, P.C Defendants CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED AND NOW, this RULE TO SHOW CAUSE ]('/"~ dayo;~_l~ 2001, a Rule is hereby issued upon Defendants to Show Cause within twenty (20) days of the date of service of this Rule why the case of Erie v. Tomasko, et al filed at No. 2097-98 in the Court of Common Pleas of Dauphin County should not be coordinated with the case of Erie v. Koranda, et al filed at No. 98-2327 in the Court of Common Pleas of Cumberland County in the Court of Common Pleas of Cumberland County pursuant to Pennsylvania Rule of Civil Procedure 213.1. BY THE COURT Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Hamsbttrg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff ERIE INSURANCE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA VS. RONALD TOIVIASKO AND IRAH. WE1NSTOCK, P.C. Defendants NO. 2097-S-98 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED MOTION OF THE PLAINTIFF~ ERIE INSURANCE COMPANY FOR COORDINATION OF ACTIONS PENDING IN DIFFERENT COUNTIES, PURSUANT TO Pa. R.C.P. 21131 AND NOW, Plaintiff, Erie Insurance Company ("Erie") by and through its attorneys, Goldberg, Katzman & Shipman, P.C. , files this Motion for Coordination of Action Pending in Different Counties pursuant to Pa. R.C.P. 213.1, and in support thereof avers the following: 1. On January 6, 1997, Defendant Ira H. Weinstock, P.C. commenced a civil action against Ronald T. Tomasko, Michael A. Koranda, and Tomasko & Koranda, P.C., by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Dauphin County. 2. A Complaint in the said action was filed on or about December 30, 1997 arising out of employment of Defendant Koranda, and Defendant Tomasko by Defendant Ira H. Weinstock, P.C. and the opening of the new law firm by Defendant Koranda and Defendant Tomasko on or about January 3, 1997. 3. In response to the action commenced by Defendant Ira H. Weinstock, P.C., Defendam Koranda sought coverage under the insurance policy issued by PlaintiffErie. 4. Following receipt of the request for coverage by Defendant Koranda, PlaintiffErie, by its counsel, issued a declination of coverage letter. 5. PlaintiffErie filed a Complaim for Declaratory Judgment against Defendant Koranda and Defendant Ira H. Weinstock, P.C. on or about April 23, 1998 in the Court of Common Pleas of Cumberland County, at No. 98-2327. 6. This controversy arises under the provision of a Homeprotector Insurance Policy issued by Plaintiff Erie to Defendant Koranda. 7. In response to the action commenced by Defendant Ira H. Weinstock, P.C., Defendant Ronald T Tomasko sought coverage under the insurance policy issued by PlaintiffErie. 8. Following receipt of request for coverage by Defendant Tomasko, PlaintiffErie, by its counsel, issued a declination of coverage letter. 9. Plaintiff Erie filed a Complaint for Declaratory Judgment against Defendant Ronald T. Tomasko and Defendant Ira H. Weinstock, P.C. on or about May 14, 1998, in the Court of Common Pleas of Dauphin County, at No. 2097-S-98. 10. This controversy arises under the provisions of two policies, a Homeprotector Insurance Policy and a Personal Catastrophe Policy issued by PlaintiffErie to Defendant Ronald T. Tomasko 2 11. Pa. R.C.P. 213.1 provides in part: (a) In actions pending in differem counties which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a Complaint was first filed to order coordination of the actions. Any party may file an answer to the motion and the court may hold a hearing. 12. Pa. R.CP. 213.1 (c), provides: In determining whether to order coordination and which location is appropriate for the coordinated proceedings, the court shall consider, among other matters: (1) whether the common question of fact or law is predominating and significant to the litigation; (2) the convenience of the parties, witnesses and counsel; (3) whether coordination will result in unreasonable delay or expense to a party or otherwise prejudice a party in action which would be subject to coordination; (4) the efficient utilization of judicial facilities and personnel and the just and efficient conduct of the actions; (5) the disadvantages of duplicative and inconsistent rulings, orders or judgments; (6) the likelihood of settlement of the actions without further litigation, should coordination be denied. 13. Common questions of both law and fact predominate the above cases and are significant to the litigation because the question of insurance coverage concerns identical language in the insurance policies. 14. The factor concerning the convenience of the parties, witnesses, and counsel is not dispositive. PlalntiffErie's local office is located in Cumberland County and Defendant Koranda resides there. Defendant Ira H. Weinstock P.C., and Defendant Tomasko are all located in the neighboring county, Dauphin County. Furthermore, Defendants Koranda and Tomasko are represented by the same counsel. 15. Coordination would not result in unreasonable delay or expense to any party, or otherwise prejudice the parties, because discovery has not ended and the trial dates have not been set. In addition, the discovery that has taken place can be used in both cases. 16. It would be more efficient for the Cumberland County Court to handle all aspects of the coordinated actions rather than allowing both actions to proceed because the claims arise out of the same transaction or occurrence. Ultimately, both cases present the same question as to whether the Defendants are covered by the policies issued to them by PlaintiffErie. 17. Since the issues in the two cases are legally and factually intertwined, if the two actions were permitted to proceed in two different counties, then there certainly would be a risk of duplicative or inconsistent rulings, orders or judgments. 18. The foregoing reasons clearly support coordination of the two actions. 19. A similar Motion was presented in Cumberland County and the Honorable Wesley Oler has approved the coordination of the present action with an action filed in Cumberland County entitled Erie Insurance Company v. Michael A. Koranda and Ira H. Weinstock, P.C., 98-2327, Cumberland County (See Order attached as Exhibit A). WHEREFORE, PlaintiffErie Insurance Company would request this Court enter an Order granting the Motion to coordinate this action with the action in Cumberland County and directing the Prothonotary for Dauphin County to transfer the file within this County to the Prothonotary for Cumberland County to be filed of record as a coordinated matter with the action in Cumberland County at number 98-2327. 64371.1 By: OLD!] E~RG~KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff v iiqlqx~ ERIE INSURANCE COMPANY, Plaintiff MICHAEL A. KORANDA and IRA H. WEINSTOCK, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-2327 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURYTRIALDEMANDED NOV 0 9 2O00 ERIEINSURANCE COMPANY, Plaintiff RONALD T. TOMASKO and IRA H. WEINSTOCK, P.C., Defendants IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO. 2097-98 CIVIL ACTION - DECLARATORY JUDGMENT ACTION ORDER OF COURT AND NOW, this ~'[ L1 day of [3o~--~-~ 2000, upon consideration of Plaintiff Erie's Motion for Coordination of Actions Pending in Different Counties and with the concurrence of all parties, IT IS HEREBY ORDERED that the aforementioned Motion is GRANTED and the case of Erie v. Tomasko, et al filed at No. 2097-98 in the Court of Common Pleas of Dauphin County is coordinated in Cumberland County with the case of Erie v. Koranda, et al filed at No. 98-2327 in the Court of Common Pleas of Cumberland Cou,n~ pursuant to Pennsylvania~Rule 9f Civil Procedure 213.1. J~GE ~) ~ CERTIFICATE OF SERVICE I HEREBY CERTn~Y that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the /. ~ '/["- day of ,~y'~.~_~ ,2001, addressed as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PA 17102 By GOLDBERG, KATZMAN & SHIPMAN, P.C. I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ERIE INSURANCE COMPANY Plaintiff VS. RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PA NO. 2097-S-98 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED ORDER AND NOW, This day of August, 2001 this Court issues an Order of Consolidation pursuant to the Pennsylvania Rule of Civil Procedure 213.1 directing the Prothonotary for Dauphin County to forward the file materials for the above referenced action to the Prothonotary for Cumberland County so that this matter may be consolidated with the related action pending in Cumberland County (Erie Insurance v. Michael A. Koranda and Ira H. Weinstock, P.C., No. 98-2327), consistent with the Order of the Honorable Wesley Oler, issued on November 8, 2000. BY THE COURT Jo Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZ~IAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for ERW~ INSURANCE COMPANY Plaintiff VS. RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants MOTION TO MAKE IN ~ COURT OF COMMON PLEAS DAUPHIN COUNTY, PA NO. 2097-S-98 CIVIL ACTION - DECLA~TO JUDGMENT ACTION JURY TRIAL DEMAND']~' THE RULE ABSOLUTE AND NOW, comes Plaintiff, Erie Insurance Company, by its Attorneys, Goldberg, Katzman & Shipman, P.C., who state: Plaintiff Erie filed a Motion with this Court to consohdate this action with a related action in Cumberland County on June 13, 2001. This court issued a Rule to Show Cause attached here to Exhibit A. This Rule was served upon counsel for the Defendants on June 15, 2001 as reflected in Exhibit B here too. The Defendants have not expressed any opposition to the consolidation of these actions and therefore, Plaintiff Erie would request that the Court sign the enclosed Order consolidating the actions before the Cumberland County Court. 1 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for PlaintiffErie 2 Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SH3~MAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ERI~ INSURANCE COMPANY Counsel for Plaintiff IN TH3E COURT OF COMMON PLEAS Plaintiff VS. RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants DAUPHIN COUNTY, PA NO. 2097-S-98 CIVIL ACTION - DECLARATORY ILrDGMENT ACTION JURY TRIAL DEMANDED RULE TO SI~OW CAUSE AND this C~'+n "dayo ' 2001, NOW, ] _ ~ a Rule is hereby issued upon Defendants to Show Cause within twenty (20) days of the date of service of this Rule why the case of Erie v. Tomasko, et al filed at No. 2097-98 in the Court of Common Pleas of Dauphin County should not be coordinated with the case of Erie v. Koranda, et al filed at No. 98-2327 in the Court of Common Pleas of Cumberland County in the Court of Common Pleas of Cumberland County pursuant to Pennsylvania Rule of Civil Procedure 213.1. JUN 1 5 ZOl i hereby cedify that the foregoing is a true and correct copyr, of the original filed, l~ . P~o~/,~ad~ary BY THE COURT Exhibit B 320 ]\~ARKET STREET · STRAWBERRY SQUARE P.O. BOX 1268 · HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 · 717.234.6808 (FAx) GOLD B ERG, KATZMAN SHIPMAN, P.C. June 15, 2001 OF COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERU (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS }~. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WESER STEVEN E. ORUBB ARNOLD B. KOGAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN DELORENZO JOHN R. NINOSEY DAVID M. STECKEL James G. Nealon, III, Esquire Nealon & Gover 2411 N. From Street Harrisburg, PA 17110 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PA 17102 Gentlemen: Re: Erie v. TomaSko Enclosed please find a Rule to Show Cause in reference to the above matter. TEB/gjm Enclosure 64405.1 Very truly yours, Thomas E. Brenner CARLISLE OFFICE: 717.245.0597 · YORK O PFICE: 717.843.7912 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PAl7102 Date: Thomas E. Brenner, Esquire Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for ERIE INSURANCE COMPANY Plaintiff VS. RONALD TOMASKO AND IRA H. WEINSTOCK, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-4867 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark this Declaratory Judgment Action discontinued without prejudice by agreement of the parties. 70646.1 ~HIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ,_v~ o~ day of ~)~/o~ ,2001, addressed as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 N. Front Street Harrisburg, PA 17110 Ira Weinstock, Esquire 800 N. Second Street Harrisburg, PA17102 GOLDBERG, KATZMAN & SHIPMAN, P.C. ~nner, Esquire I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161