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HomeMy WebLinkAbout04-6374IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW S. BAKER and ERIN F. BAKER, 2004- 4,310 01 U. Plaintiffs Civil Action - Law V. Jury Trial Demanded STATE FARM MUTUAL AUTOMOBILE INSURANCE ACTION FOR COMPANY; SUSAN GRAHAM, JUDGMENT JAMES SLABONIK Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW S. BAKER and ERIN F. BAKER, 2004- 63 j q Plaintiffs Civil Action - Law V. STATE FARM MUTUAL Jury Trial Demanded AUTOMOBILE INSURANCE ACTION FOR COMPANY; SUSAN GRAHAM, JUDGMENT JAMES SLABONIK Defendants COMPLAINT AND NOW, this 17"` Day of December, 2004, come the Plaintiffs, Matthew S. Baker and Erin F. Baker, through their counsel, ROMINGER, BAYLEY & WHARE, and respectfully file the following Complaint seeking a Declaratory judgment and, in support thereof, aver the following. 1. Plaintiffs, husband and wife, are adult individuals residing at 311 Allen Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant State Farm Mutual Automobile Insurance Company (hereinafter "State Farm") is a duly licensed insurance carrier with a place of business at 115 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant State Farm has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 4. Defendant Susan Graham is an individual who resides at 21 Beach Cliff Drive, Carlisle, Pennsylvania. 5. Defendant James Slabonik is an individual who resides at 238 Wissinger Road, Boyertown, Pennsylvania. 6. At all times relevant to this action, Plaintiffs were insured under an automobile insurance policy with Defendant State Farm. A copy of said insurance policy is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 7. On or about July 2, 2004, Plaintiffs were involved in an automobile accident, on Pennsylvania Interstate 81, with individuals, Susan Graham and James Slabonik. 8. As a result of the accident referenced in Paragraph 7, above, Plaintiffs' vehicle sustained damage in the amount of $3,784.04. 9. It is believed and therefore averred that, as a result of the accident referenced in Paragraph 7, above, Susan Graham's vehicle sustained damage in the amount of $3,012.44. 10. It is believed and therefore averred that, as a result of the accident referenced in Paragraph 7, above, James Slabonik's vehicle sustained damage in the amount of $2,903.39. 11. Upon being notified of said accident Plaintiffs' insurer, Defendant State Farm, wrongfully declined to indemnify, defend, or otherwise perform under the policy attached hereto as Exhibit A. A copy of Defendant State Farm's denial letter is attached hereto as Exhibit B and incorporated by reference as if fully set forth herein. 12. The ostensible reason for Defendant State Farm's denial of coverage was that the Plaintiffs' policy had been cancelled on June 10, 2004, for failure to pay a premium amount due. 13. On or about August 3, 2004, Plaintiffs' counsel sent a letter to Defendant State Farm, to the attention of "Claim Team Manager" Karen H. Bury, informing Defendant of its failure to notify Plaintiffs of any cancellation of coverage. A copy of said letter is attached hereto as Exhibit C and incorporated by reference as if fully set forth herein. 14. In counsel's letter referenced in Paragraph 12, above, it was also pointed out to Defendant State Farm that it had continued to refer to Plaintiffs as "insured," notwithstanding Defendant's alleged cancellation of coverage. 15. The letter dated July 27, 2004 proves an admission of coverage. See attached. 16. On or about August 11, 2004, Defendant State Farm sent a letter to Plaintiffs' counsel in which it claimed that an attached copy of a notice of cancellation had been sent to Plaintiffs. A copy of this letter and its attachments are attached hereto as Exhibit D and incorporated by reference as if fully set forth herein. 17. Plaintiffs did not receive a notice of cancellation from Defendant State Farm; hence, they believe and therefore aver that said notice was never sent to them by State Farm. 18. Aside from the fact that Plaintiffs did not receive notice of cancellation, the document provided to Plaintiffs' counsel by Defendant State Farm, and characterized by the latter as a "cancellation notice," does not meet the requirements for proper notification of intention to cancel as set forth in 40 P.S. § 991.2006 and 31 Pa. Code ? 61.5. 19. 31 Pa. Code § 61.5 ("Notice of Cancellation or Refusal to Renew, Requirements") requires that notices of cancellation to be clearly labeled "Notice of Cancellation or Refusal to Renew;" the notice that State Farm claims to have sent is not labeled in this way. 20. 31 Pa. Code § 61.5 requires that notices of cancellation shall provide a date - not less than fifteen (15) days in cases of nonpayment of premium - on which the cancellation is to become effective; the notice that State Farm claims to have sent does not meet this requirement. 21. 31 Pa. Code § 61.5 states that if the cancellation or refusal to renew is based upon nonpayment of premium and the insurer notifies the insured less than 30 days prior to the effective date of the cancellation or nonrenewal, the insurer shall give the insured a period of at least 10 days to request the specific details of the reason for such cancellation or nonrenewal; the notice that State Farm claims to have sent does not meet this requirement. 22. 31 Pa. Code § 61.5 requires that a notice of cancellation provide advice to the insured has a right to request review of the insurer's action; the notice that State Farm claims to have sent does not meet this requirement. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment: (a) declaring that Defendant State Farm has a duty to indemnify, defend, or otherwise perform pursuant to the terms of the policy; (b) granting such further relief as the Court may deem appropriate, to include reasonable attorney's fees. Respectfully submitted, ROMINGER, BAYLEY & WHARE 1 1 E. nger, Esquire ey . . No. James I. Nelson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTTHEW S. BAKER and ERIN F. BAKER, Plaintiffs v. 2004- Civil Action - Law Jury Trial Demanded STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK Defendants ACTION FOR JUDGMENT VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ' 4904, relating to unworn falsification to authorities. Date: /Z l r? bV z?? Matthew S. aker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAT' HEW S. BAKER and ERIN F. BAKER, Plaintiffs V. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK Defendants 2004- Civil Action - Law Jury Trial Demanded ACTION FOR JUDGMENT CERTIFICATE OF SERVICE I, James 1. Nelson, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: State Farm Mutual Automobile Insurance Company P.O. Box 257 New Cumberland, PA 17070 Susan Graham 21 beach Cliff Drive Carlisle, PA 17013 James Slabonik Jr. 238 Wissinger Rd. Boyertown, OA 19512 Matthew & Erin Baker 311 Allen St. Carlisle, PA 17013 Dated: December 20, 2004 Respectfully su )mitted, ROM NGE?, -3AYLEY & WHARE AamesI. on, Esqu ire nover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 91144 Attorney for Plaintiffs State Farm Insurance Companies' July 27, 2004 IIIIIIIIIIII'IIIIIII'IIIIIIIIIIIIIIIIIII11t'I?III?IIIIIIIIIIII MATTHEW S & ERIN F. BAKER POLICY NUMBER 311 ALLEN ST 728 3545-C04-38F CARLISLE PA 17013-3102 1998 Dodge Dear Mr. & Mrs. Baker: r STATE FARM, so INSURANG© Concordville Operations Center One State Farm Drive Concordville, Pennsylvania 19339-0001 As a normal business practice, we occasionally conduct a claim history review for all of our policyholders in order to determine any patterns that may be developing. We use the results of this review to assure our policyholders of the continuing efforts that we are undertaking to maintain reasonable insurance premiums in today's market. Our most recent review discloses the following claim activity on your policy: 7/2/04 insured hit claimant in the rear 12/14/03 insured backed into parked vehicle 11/22/03 insured backed into claimant In order to provide reasonable insurance premiums for all of our policyholders, we must encourage you to monitor the frequency of your claims so that we may continue to provide you with our Good Neighbor Service. Sincerely, Linda Maahs UNDERWRITING DEPARTMENT cc: Jon R Fetterman, 6256, Ph. (717) 249-4251 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 N n w - f a ( iYa Z. fa ? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW S. BAKER and ERIN F. BAKER, 2004- 6? 04 Plaintiffs V. STATE FARM MUTUAL Civil Action - Law Jury Trial Demanded AUTOMOBILE INSURANCE ACTION FOR COMPANY; SUSAN GRAHAM, JUDGMENT JAMES SLABONIK Defendants PRAECIPE TO ATTACH EXHIBITS Please attach the following exhibits to the above captioned matter's complaint which was filed on December 20, 2004. Respectfully bmitted, RONOAYLEY & WHARE Date: 1117-104- r7,?t - JNMIG LIN State Farm Mutual Automobile Inauranae Company one State Faim Dr Conoordville PA 19339 552E -6256 A BAKER, MATTHEW S & ERIN F. 311 ALLEN ST CARLISLE PA 17013-3102 Irrrlllrrrlllrrrrrrllrrlirrrllrrrrlllirrrr,Irlrrrll,rrllllrrrl POLICY NUMBER 728 3545-C04-38F POLICY PERIOD SEP 04 2004 to MAR 04 2005 DATE DUE PLEASE PAY THIS AMOI SEP 04 2004 $910.20 Your premium has already been adjustec by the following: Premium Reductions(by vehicle) 1,2 Multicar 16 2 Antitheft 1,2 Vehicle Safety 6 1 Accident Free 7 Your premium Is based on the following H not correct, contact your agent. Vf#'r{fk fL l#ISCIIi?' WliC2?- IItrA4 •b"wt', 1 1998 DODGE RANI 1500 167FIF13Y2v1/J131250 2 2003 FORD WINDSTAR 2FMZA51433BA38114 See policy for explanation of m Surcharges(by vehicle) 2 AocidenWiolation Vehicle 1 1 Vehicle 2 THIS POLICY PROVIDES FULL TORT OPTION. The laws of the Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase liability and first-party medical benefit coverages. Any additional coverages or coverages in excess of the limits required by law are provided onty at your request as enhancements to basic coverages. The premium for basic liabilit coverage of $15,000/30,000/5,000 and medical payments coverage of $5,000 is $263.60. CONVENIENT PAYMENT OPTION: We offer a 50-50 payment plan which divides your premium into two separate payments for a $2.00 handling charge. To use the plan, submit one half of your premium plus the $2.00. The balance will be due 60 days after your renewal date. We'll send you a reminder notice. We also have available a plan to let you pay your premium in monthly installments. For details on this plan and to determine if you qualify, please contact your State Farm agent. See reverse side for important inform: Agent JON FETTERMAN 4:376117891 Please keep this part foryour record. Telephone (717)249-4251 IF YOU HAVE A NEW OR DIFFERENT CAR, HAVE ADDED ANY DRIVERS, OR HAVE MOVED, -- PLEASE CONTACT YOUR AGENT. PLEASE RETURN THIS PART WITH YOUI CHECK MADE PAYABLE TO STATE FARI INSURED BAKER, MATTHEW S & ERIN F. DATE DUE PLEASE PAY THIS AMi -- News &Notes ?YOiPt JfzalP ?r7i`tit Danger, you are entering a construction zone. According to the National Highway Traffic Safety Administration, over 1,000 people were killed in construction and maintenance zones in 2001. To make construction zones safer for everyone: • Maintain the posted speed limit. If safety is not enough of a motivating factor, consider that many states have doubled the fines for speeding in construction zones. • Concentrate on the road and not on the construction. Construction zones are full of activity, and you should be extremely alert. • Maintain three seconds of distance between your vehicle and the one in front of you. Rear-end collisions are the most common type of crash in a construction zone. • Allow extra time to arrive at your destination. • Stay calm and focused. NEVER DRIVE DISTRACTED. New teenage driver in the household? T,earning how to drive is certainly a rite of passage into adulthood, and it can be a trying time, at least for the parents... Here are a few insurance tips to help you through this major life event: • Contact your State Farms' agent when you have a new driver in your household. • Ask your agent if you qualify for available discounts, such as the Good Student Discount. • Talk to your teenager about safe driving, as well as how traffic violations may affect your insurance rates. Your agent or statefarm.comO can provide you with more information to help support this important discussion. Life insurance after retirement. You've worked hard all your life to provide for your family. Did you know that when you retire, you may be losing some of your group life insurance coverage? Even if your employer offers extended coverage past retirement, you may not be able to get the level of coverage you want or have the flexibility to adjust the coverage ...,,..,,...t,.,,,.,:.,,,nr-t.,r" Arm., 0'. Customer Information for: MATTI-IEW S & ERIN F. BAKER If you have questions about any of your insurance needs, contact your State. Farm® agent. Visit our corporate Web site at statefarm.co&a or a-mait - newsSuriotes@statefarm.com Good news - we have increased your accident-free discount! Congratulations! We are pleased to announce an increase in your accident-free discount. This discount reduces premiums for bodily injur) and property damage liability, medical payments, funeral benefits, loss of income, combined benefits, and collision coverages and is displayed on y enclosed renewal notice. Thank you for choosing State Farm' as your auto insurance company. If have any questions about your discount, please contact your agent. Young drivers "steer clear" for discounts If your household includes a driver under age 25 who is rated on a State Fan Mutual Auto policy and has had no accidents or violations in the past three years, ask your agent about our Steer Clear® Safe Driver program*. You car earn a substantial disecuut on your policy premium if the young driver qualif and successfully completes this program. This program does not teach driving skills like a driver education course. Instead, it helps build road-worthy habits and promotes a healthy attitude toward driving. To complete the program, the driver must watch a video presentation, read a safe-driving magazine and complete an extensive driver's log to document driving experiences. These activities demonstrate how driv is a complex skill, requiring focus, awareness of other drivers and roadway hazards, and the understanding that everyone has a responsibility to each od to drive safely. Drivers under age 18 must have parent or guardian participation. To get more information about our Steer Clear Safe Driver program, please contact your State Farm agent. *ln some states, certain accidents and moving violations may not disqualify y New child passenger safety web site In response to the needs of parents to have a current and easy-lo-understac.; source for safely information, the Partners for Child Passenger Safety (i' P research team recently launched a Web site entitled "Car Seats, Booster Sea and Seat Belts: Increasing Awareness to Protect Children." The new site is located at www.chop.edu/carseat/pe/start.htmi I A I State Farm Mutual Automobile Insurance Company One State Farm Dr Concordville PA 19339 POLICY NUMBER 728 3545-C04.38F CONTINUED FROM FIRST PAGE tp f=, r° ` ,,,2 sg'I?t f ? ?Jg"?y$ yq T_"#2?`6 ?tt1mFn 1 1 D3H401 vers under age 25. To and from work or school, not m than 100 miles weekly. Driven ove 7,500 miles annually. 2 1 B:± ve rs under age25. Pleasure or not more than 30 mile: weekly to and from work or school. Driven over 7,500 miles annually.' Nab"I average is 12,000 M/es driven annually pe WARNING... Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up seven years and payment of a tine of up to $15,000. GOOD NEWS! Your accident-free discount has been increased for vehicle(s) 1. VEHICLE 2 - Original cost of customization: none or up to $1,000. The following list of drivers is shown for informational purposes only and does not extend or expand coverage beyond that contained in this automobile policy. Our records indicate the persons listed below are the only licensed drivers reported to us: ERIN F BAKER, MATTHEW S BAKER. If the above information is inaccurate or incomplete, please contact your agent immediately to make corrections. Agent JON FETTERMAN Telephone (717)249-4251 State Farm Mutual Automobile Insurance Company July 23, 2004 CERTIFIED MAIL - RETURN RECEIPT REQUESTED AND REGULAR MAIL Matthew & Erin Baker 311 Allen Street Carlisle, PA 17013-3102 RE: Claim Number: 38-K469-414 Policy Number: 7253-545 38F 001 Date of Loss: July 2, 2004 Dear Mr. and Mrs. Baker: STAT[ lA[M INSU[Ar1c[ P O BOX 257 NEW CUMBERLAND, PA 17070 This letter is in reference to the accident you were involved in on July 2, 2004 in Harrisburg, Pennsylvania while operating your 1998 Dodge Ram. Our records and investigation indicate your policy was cancelled on June 10, 2004 for failure to pay the premium amount due. For this reason and for any other reason which may now exist or hereafter develop, we will be unable to extend any protection to you for this accident and hereby disclaim any and all liability and coverage to you under this policy for this accident and for any and all claims arising therefrom. Any claims, legal actions or judgments arising out of this accident will be your personal responsibility. Sincerely. / Karen H. Bury, CPCC7,'CLU, ChFC Claim Team Manager State Farm Mutual Automobile Insurance Company cc John Brubaker Jim Slabonic Richard Graham Jon Fetterman, State Farm Agent ?'Y.?11 IQI-}- ?I HOME OFFICE: BLOOMINGTON, ILLINOIS 61710-0001 t- I)OP" oy 0:? Aa, WZY W LAW OFFICES law@romingerlaw.com www.romingerlaw.com 155 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 KARL E. ROMINGER, Esq. MARK F. BAYLEY, EsQ. MICHAEL). WHARE, ESQ. August 3, 2004 Karen H. Bury Claim Team Manager State Farm Insurance Company P.O. Box 257 New Cumberland, PA 17070 RE: POLICY NUMBER: 728 3545-C04- 38F CLAIM NUMBER: 38-K469-414 DATE OF LOSS: JULY 2, 2004 Dear Ms. Bury: TEL: 717.241,6070 FAX: 717.241.6878 This letter will confirm my recent voice mail that I represent Matthew and Erin Baker in regards to coverage for the incident on July 2, 2004. It is my understanding from reviewing correspondence that you have sent them that you are denying coverage. First and foremost, my clients did not receive notice of cancellation. This is confirmed, insomuchas neither Penn Dot nor Members First Federal Credit Union have any record of a cancellation, and both are parties which would have been routinely notified of the same. I believe that ibis is necessary evidence which you should consider, and which I believe would be useful in a declaratory judgment action to prove that coverage did in fact exist. There may also be good faith issues which I will be analyzing. I have also taken the liberty of attaching the Judy 27, 2004, letter from your organization to my client, whereby you admit that my client was insured at the time of the July 2, 2004, incident. You will see that the letter says "7/2/04 insured hit claimant in the rear". Your use of the word insured indicates that my clients were in fact insured. We would of course enter the July 27, 2004, letter as an admission of coverage or evidence of coverage to any fact finder. Also attached is a estimate from Heckendorn's Auto Body shop for $3,784.04. This is the amount of coverage my clients are seeking for the repair of their automobile. Please let me know if you intend to pay the same, and if so whether or not you would require any other appraisals be performed. ?eXhi bi' G ADVOCACY - ADVICE - ANSWERS Karen H. Bury August 3, 2004 I look forward to hearing from you in the next several days. If I do not hear back I will assume that you are intending to extend coverage. Sincerely, Karl E. Rominger, Esquire KER/lj j cc. Matthew and Erin Baker HECKENDORN'S AUTO BODY SHOP 1205 Trindle Road • Carlisle, Penna. 17013 Telephone: 243-5292 )WNER Al I^ 7h? 'Al / j CI ? cam, DATE %DDRESS ? I ` IA I ? - .. CT n . _' PHONE , a-e 'EAR MAKE MODEL rsw BODY SERIAL NO. LICENSE NO, MILEAGE EPAIR REPLACE HOURS LABOR PARTS SUBL IT ET/NET EMS A F ? - 2 ES v o /o - - a ?. y. c Ai i 't ,v i I• G I <" Ig in-k 5 3Z 7 < Y 7 ?. - . i 44- n 1) 3(er. SUBTOTAL THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS LABOR STARTED. WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE THIS ESTIMATE IS FOR IMMEDIATE PARTS . ACCEPTANCE. SUBLET/NET ITEMS THIS WORK AUTHORIZED BY TAX ESTIMATE SHEET TOTAL 1 :? 17 v q O State Farm Insurance Companies' July 27, 2004 MATTHEW S & ERIN F. BAKER POLICY NUMBER 311 ALLEN ST 728 3545-C04-38F CARLISLE PA 17013-3102 1998 Dodge Dear Mr. & Mrs. Baker: S(T?A?TF?(F?4®l??M iasutAH Ce m Concordville Operations Center One State Farm Drive Concordville, Pennsylvania 19339-0001 As a normal business practice, we occasionally conduct a claim history review for all of our policyholders in order to determine any patterns that may be developing. We use the results of this review to assure our policyholders of the continuing efforts that we are undertaking to maintain reasonable insurance premiums in today's market. Our most recent review discloses the following claim activity on your policy: 7/2/04 insured hit claimant in the rear 12/14/03 insured backed into parked vehicle 11/22/03 insured backed into claimant In order to provide reasonable insurance premiums for all of our policyholders, we must encourage you to monitor the frequency of your claims so that we may continue to provide you with our Good Neighbor Service. Sincerely, Linda Maahs UNDERWRITING DEPARTMENT cc: Jon R Fetterman, 6256, Ph. (717) 249-4251 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710.0001 ROMiNGER,BAYLEY& WHARE LAW OFFICES law6i)rominaerlaw.com 155 SOUTH HANOVER STREET www.romingerlaw.com CARLISLE, PENNSYLVANIA 17013 KARL E. ROMINGER, ESQ. MARK F. BAYLEY, ESQ. TEL: 717-241-6070 FAX: 717-241-6878 FROM: Karl E. Romin er, Esquire TO: State Farm Insurance Attention: Karen H. Bury Company: Address: City, State, Zip: Phone Number: 717-774-9028 Fax: 717-774-2113 Message: Hard copy will follow. Date: August 3, 2004 No. of Sheets to Follow: 4 Pages including; cover sheet: 5 If you do not receive the amount of pages stated above, please contact us immediately. All information contained in this fax is confidential and privileged. If you receive this fax in error please call 717-241-6070 ADVOCACY-ADVICE-ANSWERS C! O O W U Z Z W w {w7 U w ? U ? ?r o Q N v z s3 m o a° M N W I h Z p ? ?- O N N ? ?O LL ?n V L ? Z N W N w a OU • Ln W M Z i m a Q a6 M m H o wy a ^ LL) a ?6 FNi og € a-0 z z 0 a 94 M Fmi J M w g ` $ O ?; + axa. `.F w Ou Q?Q y m M U I ' O m I TY C p 0, I m T Q ro i CO 0 ' C U 0 O 3 V { O N i ?o r , um' E Ga oro m c ? m r . ?m TQ , L1N I y? Y ?dt ? Nis Y O 0 i. 7 r 0 IW 7 e 'M O W !w EL,n Cd m o:_ c,o me `B Y1' m zo c c m m; ro L ?E 3 ale 0 a d N 3 E E d a L C vE mro? ro ? N p TO L.; E F ELy L L*v r o C C M m TmE C«?_ b IP N g'm x y L c b N gL 3c m -7 0 6E o= Om'O C O C 0 ro @j (D Ij O ,p]? m Q E C ro ?ccomC pO m O U 0 ro C 0= 0 4) CL 0 7'C 3 m 2CL0 TEA ro y Cd ?U.Lm T ? m «°ro?c ?,dc d c E' .t.E D 0Q.-5 _ of 3 0 :T? y N ayo pE 0 E u U T.. C fN 3 0 m0?" G b ? ro O Q N ?p C C ? a N?• O az Gj C N CM 0 m V T Q? W WC z Od W r1 ? t\ O m M T LL ? ER 40 W A Q F N WY 3 O >u v Z CL 0 LL Z W wc7 ? a ? N LLI M co Y z cc ? J a 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW S. BAKER and ERIN F. BAKER, Plaintiffs NO. CI-2004-6374 V. JURY TRIAL DEMANDED STATE FARM MUTUAL AUTOMOBILE ACTION FOR JUDGMENT INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant State Farm Mutual Automobile Insurance Company in the above-captioned action. QS Dated: )12-1106- EAGER, EAGER, REINAKER & SPINELLO BY: Gecfrge H. F,4ger, ire Attorney for De nt State Farm al Automobile Insurance Company I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r-'' i .7 Gr .-S ?^ r 1' ?»S ? "•1,1 ?<}? 'lv „? .?'` { a? 1? . L' 1.... .. ': '? l ..6_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW S. BAKER and ERIN F. BAKER, Plaintiffs NO. CI-2004-6374 V. JURY TRIAL DEMANDED STATE FARM MUTUAL AUTOMOBILE ACTION FOR JUDGMENT INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK, Defendants DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereto or a default judgment may be entered against you. ANSWER AND NOW COMES DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, BY AND THROUGH ITS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. To the contrary, at the relevant times Plaintiffs were not insured under any automobile insurance policy issued by Defendant State Farm. Plaintiffs were insured under a prior State Farm policy but failed to pay their premiums when due and, after notice, the policy was cancelled on June 10, 2004. After notice of the cancellation, Plaintiffs made payment of the premiums and the policy was reinstated on July 6, 2004, and, accordingly, there was no insurance under a State Farm policy for the period of June 10, 2004 to July 6, 2004. A copy of the Notice to Plaintiffs is attached as Exhibit "A" and incorporated by reference as if fully set forth herein. Admitted. 8. After reasonable investigation, Defendant State Farm is without information or knowledge sufficient to form a belief as to the truth of these allegations and, therefore, they are denied. 9. After reasonable investigation, Defendant State Farm is without information or knowledge sufficient to form a belief as to the truth of these allegations and, therefore, they are denied. 10. After reasonable investigation, Defendant State Farm is without information or knowledge sufficient to form a belief as to the truth of these allegations and, therefore, they are denied. 11. Admitted that Defendant State Farm denied coverage but denied that State Farm did so wrongfully or that State Farm wrongfully declined to indemnify, defend or otherwise perform under the policy attached as Exhibit "A" to the Complaint or otherwise. On the contrary, the denial of coverage was entirely proper as it was the result of a cancellation of the policy based upon the Plaintiffs' failure to pay premiums. To the extent the allegations of Paragraph 11 refer to the contents of a document, they are denied in that the document speaks for itself. 12. Admitted that State Farm denied coverage as previously described in this Answer. Denied that the reason was "ostensible" or otherwise anything other than a valid, factually correct and lawful reason for cancellation. 13. Denied to the extent that these allegations assert that Defendant State Farm failed to notify Plaintiffs of their cancellation of coverage as, in fact, Plaintiffs were notified of the cancellation of insurance coverage. The remaining aspects of Paragraph 13 are admitted except to the extent that they refer to the contents of a document, which allegations are denied in that the document speaks for itself. 14. Denied in that the allegations of Paragraph 14 of the Complaint refer to the contents of a document which speaks for itself. 15. Denied as a conclusion of law to which no response is required. Further denied in that the standard practice in the insurance industry is to refer to an individual who at any time was insured, on all documentation with respect to that individual, as an "insured". This is an administrative convenience to use this term and it is used in virtually all cases including those in which coverage is lawfully denied. In this litigation, should State Farm prevail, its internal records will continue to refer to Plaintiffs as "insured" as it is an industry term of art which is neither intended nor understood to convey the substantive meaning alleged by Plaintiffs. 16. Admitted that State Farm sent a letter to Plaintiffs' counsel dated August 11, 2004. With respect to the attachments Plaintiffs' claim were included with the letter, State Farm did not receive any such copies of Exhibits with the Complaint which was served upon it and, accordingly, lacks information or knowledge sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 17. Denied that the Plaintiffs did not receive a notice of cancellation from State Farm. Denied that State Farm did not send a notice of cancellation to Plaintiffs. On the contrary, State Farm did send notice of cancellation to Plaintiffs dated May 24, 2004. A copy of this notice is attached as Exhibit "B" to this Answer and is incorporated by reference as if set forth in full herein. By way of further answer, Plaintiffs failed on numerous occasions to make premium 12/29/04 WED 09:51 FAX 717 774 9010 07/12/04 M.QN 09421 FAX 510 -'8 7575 STATE FARIYI INSURANC. ... 1PANII!S .- -+s - Stale Farm Vuluel Automobile 9rc. ,g Company One State Faro or Conwr"e PA 19339 sae 552E -6256 z u BAKER, MATTHEW S & ERIN F. 311 ALLEN ST' CARLISLE PA 17013-3102 1.ItIILnII I.nq.ll141I 10 ri1ItIIII111111liallulladlllrll STATE FARM NC zoos STATE FARH-CENTRAL -0 1¢1002 CANC01 ATO NOTICE POLICY NUMBIL ?.; 7293545-C64-.1&F CANCE"TION w.tE JUNE 10, 2004 NONPAYMENT OF PRE U&d AMOUNT DUE $438.71 Year Make Model Class 1898 DODGE RAM 1600 1D3H401 2003 FORD WINDSTAR 18317Zol We have not received the full amount required to keep this policy In force so in accordance with its cancellation provisions your polite identifrod in this notics is hereby canceled efteotive 12 _01 A.M. standard time JUN 10 2004 due to non-payment of the pri>m(um.IQofurdlsrnotidewl?i>?a0ftoycC;',-,,. ?,...-_---,--.. _. ..• -?-----?---- --.. .. ..-___. Premium was due MAY 08 04 We welcome the opportunity to provide your future insurance protection. Should you wish to reinstate this policy, please forward your payment immediately- Payment prior to the date and time of Cancellatbh vAl reinstate your policy. if paid after that date and time, you will be informed whether your policy has been reinstated and if so, the exact date and time of reinstatement. There is no coverage between the date and time of cancellation acid the data and time of reinstatement. 49ant JON FETfERMAN rstepnone (717)249-4251 0 See reverse side for important infomladon. Please kwp this part for your rewrd. Notice Sent MAY 24 2004 { PLEASE RETURNTMSPART wn-mYOUR CMECK OWE PAYABLE To STATE FARM IJUN102004 $438.71 .Please contact your State Farm :ageritto make any policy changes 1309'40'6106•, State Fann Insurenoe.Companiss W6 552E S-E SAL DATE 05.08-04 PA EM CANC 06.09-04 APP DATE. 07-20-04 PREP DT 05.21-04 #Z 49 9072 2322 INSUR66 BAmFl, MATTHew S & ERIN F- POLICY NUMBER 728 3545-C04?8 F PLEASE DISREGARD IF ALREADY PAID 6256382 MuTL VOL { AUTO CANC I $438.71, 1061 7094162000438711 438500728354581113> L?G ?4 1i ..wu un:iu FAX 7177742115o HARiUSBURG v_ _... oa ro,? ValfaL'DM6-ypil11l1L 7Y au FOR--RoLICIES INSURING ?IIVATE PASSENGER AUTOMf"ILES: PROVIDES THAT TI-1E INSUk6d MAY REQUEST THE INSURAN of COME THIS ACTION. YOUR REQUEST MUST HE DIRECTED IN WRITING COMMISSIONER WITHIN 30 DAYS OF RECEIVING YOUR CANCELLATION REQUEST TO ONE OF THE FOLLOWING ADDRESSES: Q002 %dVVA PENNS' ` i 1'ANIA -LAW ISSIONI I TO REVIEW TD TH INSURANCE NOTICE . : SEND YOUR LOCATION' PHONE LOCATION PHONE Room 1326 Shawbwq Square (717) 783.0442 Room 1701 Slate Olree Bulldrq i 215) 560-2630 Harrisburg, PA 17120 1400 Sphtg Garden Strsed PABadelphis, PA 19130 P.O. Box 8142 (814) 871-4466 Room 304 SWte OMw Building ?. 412) SSS-5020. Roam 513 Baldwin Building 300 Utody Avenue Erie. PA 16612 Pdnsburgh, PA 15222 TO APPEAL THIS ACTION - SIGN THE FORM HERE. SIGNATUFM O NAMEINAURED If you have difficulty obtaining replacement insurance, you may be eligible through the Pennsyhri; r: Assigned Rial Plan. Your State Farm a?ent or any agent oan give you full details. You are required under the law to obtain compulsory automobile insurance ooverage if you operate : r agister a mots vehicle in the Gommoma..eahh. We must notify the Department of Transportation that your policy it :a ng terminated You must also natiry the Department of Transportation when you have replaced said coverage. When oaverage is being' terminated due to nonneeponse to a citation imposed under 75 Pe.O.S. , i i33 (relating tc suspension of operating privilege for failure to respond to citation) or nonpayment of a fine or penalty i % ised under the section, coverage shall rot terminate if you provide us with proof that you have responded to all 4.1 :i as and paid al flnea and penalties on or before the termination date of this policy. FOR COMMERCIAL PQUOIES: A midterm cancellation or nonrenewal notice shall state that, at the l ured s reques the insurer shall provide lose information to the insured for at least three years or the period of tim :. ihng which the insurer has provided coverage to the insured, whichever is less. Lose information on the insured i I ) cortsial of the following: (7 information on closed daims. (A) information on *pan daims. (tit) information on nolices of ooourrenoe. s 04"dA eats ,m '.CI-SWWVLY (obi B HARRISBURG IJAN 0 7 2005 VERIFICATION I, 4 wf,- 43 u f-4 hereby verify that I am a CAS ' TQ a r ?'' a??r for State Farm Mutual Automobile Insurance Company, one of the Defendants in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Dated: ??18?D5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter to Plaintiffs' Complaint upon the persons set forth below and in the manner indicated: First class mail, postage pre-paid: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Susan Graham 21 Beach Cliff Drive Carlisle, PA 17013 James Slabonik, Jr. 238 Wessinger Road Boyertown, PA 19512 EAGER, REINAKER & SPINELLO DATE: l 0,' BY: George H. ger, Esc Attorney f Defe State Farm Mu i Insurance Co pany I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ??_? n r r ?- Yi ..1 C. _ ?{ ,? .. (s) ?? 1 _? { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW S. BAKER and ERIN F. BAKER, Plaintiffs CI - 2004- 6374 Civil Action - Law V. STATE FARM MUTUM, AUTOMOBILE INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK Defendants Jun= Trial Demanded ACTION FOR. JUDGMENT RESPONSE TO DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S NEW MATTER AND NOW, this 9". day of February, 2005, come the Plaintiffs, Matthew S. Baker and Erin F. Baker, through their counsel, ROMINGER, BAYLEY & WHARF, and respectfully file the following Response to Defendant State Farm Mutual Automobile Insurance Company's (hereinafter, "State Farm") New Matter: 23. Paragraphs I through 22 of the Plaintiff's Complaint are incorporated herein by reference as if fully set forth herein. 24. Denied. Paragraph 24 is a conclusion of laxv to which no responsive pleading is requited. If a more specific answer is deemeu apps. Vriate, the averments of Paragraph 24 are specifically denied. Strict proof thereof is demanded at trial. 25. Denied. Paragraph 25 is a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the averments of Paragraph 25 are specifically denied. Strict proof thereof is demanded at trial. 26. Denied. Paragraph 26 is a conclusion of lacy to which no responsive pleading is required If a more specific answer is deemed appropriate, the averments of Paragraph 26 are specifically denied. Strict proof thereof is demanded at trial. 27. Denied. Paragraph 27 is a conclusion of Law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the averments of Paragraph 27 are specifically denied. Strict proof thereof is demanded at trial. WHEREFORE, the Plaintiffs, Matthew S. Baker and Erin F. Baker, respectfully request that this Honorable Court find in their favor and against the Defendants. Respectfully submitted, BAYLEY & WHARE 'Karl E. otninger, Esquire Act . . No. °1924 James I. Nelso- I'sr. arc Attorney I.D. No 91'-14 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Attorneys for plaintiffs CERTIFICATE OF SERVICE. I hereby certify that I have this day served a true and correct copy of the foregoing Response to Defendant State Farm Mutual Automobile Insurance Company's New Matter upon the persons set forth below via United States Postal Service First Class Mail, postage pre-paid: George H. Eager, Esquire PAGER, REINAKER c& SPINELLo 1347 Fruitville Pike Lancaster, PA 17601 Susan Graham 21 Beach Cliff Drive Carlisle, PA 17013 James Slabonik 238 Wissinger Road Boyertown, PA 19512 RoNUNGLI.113a1,E1' & Wx,1RE Date: Zl a 1D5? --?? ames Nelson, Esquire Attorne- . No. 91144 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 h7 ?' ?..y a A. l`? ?, , ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW S. BAKER and ERIN F. BAKER, Plaintiffs NO. CI-2004-6374 V. JURY TRIAL DEMANDED STATE FARM MUTUAL AUTOMOBILE ACTION FOR JUDGMENT INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK, Defendants REQUEST FOR ADMISSIONS TO: MATTHEW S. BAKER and ERIN F. BAKER YOU ARE HEREBY REQUESTED TO ADMIT, FOR PURPOSES OF THIS ACTION ONLY, PURSUANT TO Pa. R.C.P.§4014, THE FOLLOWING ITEMS: YOU ARE DIRECTED TO FILE AN ANSWER TO THIS REQUEST, IN COMPLIANCE WITH PA. R.C.P.§4014(6), WITHIN THIRTY (30) DAYS OF THE SERVICE OF THIS REQUEST UPON YOU. ANY REFERENCE TO "POLICY" SHALL BE CONSTRUED TO REFER TO THE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY WHICH IS THE SUBJECT MATTER OF THIS LAWSUIT. 1. Do you admit that you received a March 4, 2003 Policy renewal bill in the amount of $726.64? ANSWER: 2. Do you admit that the Policy was out of force from March 31, 2003 until April 4, 2003 due to your non-payment of the premium? ANSWER: 3. Do you admit that on April 4, 2003, you made a 50% payment of $371.50 leaving a balance due of $357.14. ANSWER: 4. Do you admit that the remaining premium balance of $357.14 was due on May 8, 2003? ANSWER: 5. Do you admit that on April 14, 2003, the payment you had made in the amount of $371.50 bounced? ANSWER: 6. Do you admit that you provided a replacement check on May 8, 2003? ANSWER: 7. Do you admit that you made payment of the balance of $357.14 on June 24, 2003? ANSWER: 8. Do you admit that you received a September 4, 2003 renewal premium bill for $740.51 ? ANSWER: 9. Do you admit that you made a partial payment of $376.60 on October 7, 2003 leaving a balance due of $365.91? ANSWER: 10. Do you admit that on October 6, 2003, a change was made increasing the balance due to $415.09 which amount was due on November 14, 2003? ANSWER: 11. Do you admit that you made payment on the remaining balance on November 25,2003? ANSWER: 12. Do you admit that you received a March 4, 2004 renewal premium bill for $901.71? ANSWER: 13. Do you admit that you made partial payment of $465.00 on April 6, 2004? ANSWER: 14. Do you admit that a balance was due of $438.71 with a due date of May 8, 2004? ANSWER: 15. Do you admit that the Policy was out of force from April 2, 2004 until April 6, 2004? ANSWER: 16. Do you admit that you received a May 24, 2004 Notice of Cancellation of the Policy with cancellation date of June 10, 2004? ANSWER: 17. Do you admit that a copy of the Cancellation Notice referred to in the previous Request is attached as Exhibit A and is a true and correct copy? ANSWER: 18. Do you admit that the Policy was out of force from June 10, 2004 to July 6, 2004? ANSWER: 19. Do you admit that you made a Policy premium payment of $438.71 on July 6, 2004? ANSWER: EAGER, SPINELLO, QUINN & STENGEL DATE: BY: George.I9. Eager, Attorney for Def ar Automobile Insurance I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 uire : State Farm Mutual Company e? ? ? ?? ?? STATE FARM INSURAN-E COMPANIE4 State Farm Mutual Automobile Insurance Company One State Farm or Concordville PA 19339 636 552E -6256 BAKER, MATTHEW S & ERIN F. 311 ALLEN ST CARLISLE PA 17013-3102 IurIIInJlluuullullndluulllluurlJndluJlllNrl CANCELLATION NOTICE NONPAYMENT OF PREMIUM AMUUNI DUE-- 438.71 Year Make Model Class 1998 DODGE RAM 1500 1 D31-1401 2003 FORD WINDSTAR 1B3FZ01 We have not received the full amount required to keep this policy in force so in accordance with its cancellation provisions your policy identified in this notice is hereby canceled effective 12 :01 A.M. standard time JUN 10 2004 due to non-payment of the premium. No further notice will be sent to you. Premium was due MAY 08 04 We welcome the opportunity to provide your future insurance protection. Should you wish to reinstate this policy, please forward your payment immediately. Payment prior to the date and time of cancellation will reinstate your policy. If paid after that date and time, you will be informed whether your policy has been reinstated and if so, the exact date and time of reinstatement. There is no coverage between the date and time of cancellation and the date and time of reinstatement. Agent JON FETTERMAN Telephone (717)249-4251 A 4=, 49 9072 2322 IF YOU HAVE A NEW OR DIFFERENT CAR, HAVE ADDED ANY DRIVERS, OR HAVE MOVED, PLEASE CONTACT YOUR AGENT. INSURED BAKER, MATTHEW S & ERIN F. POLICY NUMBER 728 3545-C04-38F PLEASE DISREGARD IF ALREADY PAID MUTL VOL 1309406106 State Farm Insurance Companies cpp r)rl f'F l!SF OM Y 636 6256-382 552E 5-E BAL DATE 05-08-04 PREM CANC 06-09-04 APP DATE 07-20-04 See reverse side for important information. Please keep this part for your record. Notice Sent MAY 24 2004 PLEASE RETURN THIS PART WITH YOUR CHECK MADE PAYABLE TO STATE FARM CANCELLATION DATE AMOUNT DUE JUN 10 2004 $438.71 Please contact your State Farm agent to make any policy changes AUTO CANC I $438.71 10610 709416200043871 438500728354581113> PREP DT 05-21-04 EXHIBIT A 4 FOR POLICIES INSURING PRIVATE PASSENGER AUTOMOBILES: PENNSYLVANIA . LAW PROVIDES THAT THE INSURED MAY REQUEST THE INSURANCE COMMISSIONER TO REVIEW THIS ACTION. YOUR REQUEST MUST BE DIRECTED IN WRITING TO THE INSURANCE COMMISSIONER WITHIN 30 DAYS OF RECEIVING YOUR CANCELLATION NOTICE. SEND YOUR REQUEST TO ONE OF THE FOLLOWING ADDRESSES: LOCATION Room 1326 Strawberry Square Harrisburg, PA 17120 PHONE (717) 783-0442 LOCATION Room 1701 State Office Building 1400 Spring Garden Street Philadelphia, PA 19130 Room 304 State Office Building 300 Liberty Avenue Pittsburgh, PA 15222 PHONE (215) 560-2630 P.O. Box 6142 Room 513 Baldwin Building Erie, PA 16512 (814) 871-4466 TO APPEAL THIS ACTION - SIGN THE FORM HERE. SIGNATURE OF NAME INSURED If you have difficulty obtaining replacement insurance, you may Plan. Your State Farm agent or any agent can give you full details. (412) 565-5020 be eligible through the Pennsylvania Assigned Risk You are required under the law to obtain compulsory automobile insurance coverage if you operate or register a motor vehicle in the Commonwealth. We must notify the Department of Transportation that your policy is being terminated. You must also notify the Department of Transportation when you have replaced said coverage. When coverage is being terminated due to nonresponse to a citation imposed under 75 Pa.C.S. § 1533 (relating to suspension of operating privilege for failure to respond to citation) or nonpayment of a fine or penalty imposed under that section, coverage shall not terminate if you provide us with proof that you have responded to all citations and paid all fines and penalties on or before the termination date of this policy. FOR COMMERCIAL POLICIES: A midterm cancellation or nonrenewal notioe shall state that, at the insured's request. the insurer shall provide lose information to the insured for at least three years or the period of time during which the insurer has provided coverage to the insured, whichever is less. Lose information on the insured shall consist of the following: (i) information on closed claims. (ii) information on open claims. (iii) information on notices of occurrence. 137-53784.22 (o1b0335c) 191-3368 am1.2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Request for Admissions upon the persons set forth below and in the manner indicated: First class mail, postage pre-paid: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 James Slabonik, Jr. 238 Wissinger Road Boyertown, PA 19512 Susan Graham 21 Beach Cliff Drive Carlisle, PA 17013 EAGER, SPINELLO, QUINN & STENGEL DATE: (?3 f 0? I Q(o BY George aver, E rCompany Attorney for Defen e Farm Mutual Automobile Insur I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 n ?_' - =? _ -„ -+ a; w -, < 5,.. 1' .) ?.?? --S ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW S. BAKER and ERIN F. BAKER, Plaintiffs NO. CI-2004-6374 V. JURY TRIAL DEMANDED STATE FARM MUTUAL AUTOMOBILE ACTION FOR JUDGMENT INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant State Farm Mutual Automobile Insurance Company Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Susan Graham 21 Beach Cliff Drive Carlisle, PA 17013 James Slabonik, Jr. 238 Wissinger Road Boyertown, PA 19512 EAGER, SPINELLO, QUINN & STENGEL DATE: ' a BY: / / / eorge Eager' , Esquire Attorney for Defendant State Farm Mutual Automobile Insurance Company I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW S. BAKER and ERIN F. BAKER, Plaintiffs NO. CI-2004-6374 v. JURY TRIAL DEMANDED STATE FARM MUTUAL AUTOMOBILE ACTION FOR JUDGMENT INSURANCE COMPANY; SUSAN GRAHAM, JAMES SLABONIK, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant State Farm Mutual Automobile Insurance Company's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Susan Graham 21 Beach Cliff Drive Carlisle, PA 17013 James Slabonik, Jr. 238 Wissinger Road Boyertown, PA 19512 EAGER, SPINELLO, QUINN & STENGEL DATE: duo BY: Georg H. Eag squire Attorney for Defendant State Farm Mutual Automobile Insurance Company I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r, ?? ?_? ?_ _ ;, -? ?.. ? ? - "p ` -_? ?:. ;- J _,, i4! w: Curtis R. Long Prothonotary office of the Protbonotarp Cumberlattb (fountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n 14-1.37Y CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573