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Home My WebLink About14-1751 Supreme Cou WRAF Pennsylvania 17 Irk , COU fr COm 1Y10 leas For Prothonotary Use Only: C r�S eet Docket No: ' CUMBRlIV15'' � County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by low or rules of court. Commencement of Action: S [E Complaint El Writ of Summons -_ Petition ] Transfer from Another Jurisdiction E3 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: PROGRESSIVE SPECIALTY INSURANCE COMPANY CALEB SPITZER T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes X No check one O ( ) []outside arbitration limits N Is this a Class Action Suit ?. 0 Yes X? No Is this an MDJAppeal? 0 Yes x No A Name of Plaintiff /Appellant's Attorney: Randy T. Burch, Esquire 0 Check here if you have no attorney (area Self - Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Debt Collection: Credit Card i Board of Assessment Motor Vehicle Debt Collection: Other [71 Board of Elections 0 Nuisance [] Dept. of Transportation Q Premises Liability El Statutory Appeal: Other S M Product Liability (does not include Employment Dispute: E mass tort) El Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Q Zoning Board T Other: I Q Other: O MASS TORT 0 Asbestos N rl Tobacco Toxic Tort - DES Toxic Tort -Implant Toxic Waste REAL PROPERTY MISCELLANEOUS Q i s Other: Ejectment ❑Common Law /Statutory Arbitration B Q Eminent Domain /Condemnation x; Declaratory Judgment Ground Rent [; ; Mandamus Landlord/Tenant Dispute Q Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure: Commercial El Quo Warranto M Dental Q Partition 0 Replevin E] Legal Quiet Title El Other: 0 Medical 0 Other: F1 Other Professional: Updated 1/1/2011 ^'f t { _ I � fifCf.9EtJ � FORRY ULLMAN fi , ¢� �, By: Randy T. Burch, Esquire < < +` c Attorney I.D. 78119 C PE ?L i'kNDC0UNfY 540 Court Street P E N 1 S Y LVA N A P.O. Box 542 Reading, PA 19603 (610) 777 -5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY :IN THE COURT OF COMMON Plaintiff, :PLEAS OF CUMBERLAND V. :COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH ) q J TURNER, CYLE STERNER- MOORE, and; :DOCKET NO.: `�� J J NATIONWIDE INSURANCE COMPANY, Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLYOR BY AN 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 HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVID YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFWER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET \ CARLISLE, PA 17013 1- 800 - 990 -9108 IL 717- 249 -3166 Q,3 'spj G CiLW aa Of �33�00 FORRY ULLMAN By: Randy T. Burch, Esquire Attorney I.D. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 -5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY :IN THE COURT OF COMMON Plaintiff, :PLEAS OF CUMBERLAND V. :COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER- MOORE, and; :DOCKET NO.: NATIONWIDE INSURANCE COMPANY, Defendants ACTION FOR DECLARATORY JUDGMENT 1. Plaintiff Progressive Specialty Insurance Company is a licensed insurance carrier in the Commonwealth of Pennsylvania, registered to do business in Pennsylvania, with a principle place of business at 3950 Hartzdale Drive, Suite 150, Camp Hill, PA 17011. 2. Defendant Caleb Spitzer is an adult individual, residing at 327 Glendale Drive, Shiremanstown, PA 17011. 3. Defendant Joan H. Barrett is an adult individual, residing at 54 Warrington Street, Wellsville, PA 17365. 4. Defendant Kaitlyn Anderson is an adult individual, residing at 304 Nebinger Street, PO Box 444, Lewisberry, PA 17339. 5. Defendant Samantha Margo is an adult individual, residing at 178 N. Harrisburg Street, Oberlin, PA 17113. 2 1' 4 6. Defendant Elizabeth Turner is an adult individual, residing at 4289 S. Carolina Drive, Harrisburg, PA 17112. 7. Defendant Cyle Sterner -Moore is an adult individual, residing at 1550 Williams Grove Road, Lot 140, Mechanicsburg, PA 17055. 8. Defendant Nationwide Insurance Company is a licensed insurance carrier in the Commonwealth of Pennsylvania, registered to do business in Pennsylvania, with a principle place of business at 1000 Nationwide Drive, Harrisburg, PA 17110. 9. At all times relevant hereto, Defendant Joan H. Barrett was a named insured under an automobile insurance policy issued by Plaintiff Progressive Specialty Insurance Company under Policy Number 26346866 -2 insuring her 2001 Ford Taurus. (A true and correct copy of the automobile insurance policy, including the. Declarations Page, is collectively attached hereto as Exhibit 1). 10. On or about November 30, 2013, Defendant Caleb Spitzer was driving Barrett's 2001 Ford Taurus without her permission and /or knowledge when he was involved in a single motor vehicle accident on McCormick Road, Cumberland County, Upper Allen Township, Pennsylvania, losing control of the vehicle and running off the roadway striking a tree. (A copy of an Affidavit of Non - Permissive Use signed by Joan H. Barrett is attached hereto as Exhibit 2). 11. At all times material hereto, on or about November 30, 2013, Defendants Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner -Moore were riding in Barrett's 2001 Ford Taurus that was being driven by Defendant Caleb Spitzer without Barrett's permission and/or knowledge when the aforesaid accident occurred. 12. At all times material hereto, Defendants Samantha Margo, Kaitlyn Anderson, 3 t Elizabeth Turner and Cyle Starner -Moore are all claiming that they sustained personal injuries as a result of the subject accident. 13. At all times material hereto, Defendants Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner -Moore have filed and /or made a claim for their personal injuries allegedly sustained in the accident against the liability provisions of Plaintiff Progressive Specialty Insurance Company's automobile policy issued to Joan H. Barrett and was in effect at the time of the subject accident on November 30, 2013. 14. Further, it is believed and therefore averred that Defendant Caleb Spitzer was insured under an automobile insurance policy issued by Defendant Nationwide Insurance Company and he is being afforded a defense and coverage under the liability provisions of that Nationwide policy. 15. It is believed and therefore averred that Defendants Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner -Moore have filed and /or made a claim for their personal injuries allegedly sustained in the accident against the liability provisions of Defendant Nationwide Insurance Company's automobile policy under which Defendant Caleb Spitzer is insured 16. It is believed, and therefore averred, that at the time of the November 30, 2013 single vehicle accident, the 2001 Ford Taurus was being driven by Defendant Caleb Spitzer. 17. At all times material hereto, Defendant Caleb Spitzer was not listed as an authorized driver under the automobile policy attached hereto as Exhibit 1. 18. At all times material hereto, Defendant Caleb Spitzer did not have permission of the owner, Joan Barrett, of the 2001 Ford Taurus, to operate said vehicle. 4 19. At all times relevant hereto, Defendant Caleb Spitzer took and /or drove the subject vehicle without the knowledge or permission of Defendant Joan H. Barrett. 20. At all times relevant hereto, the pertinent part of the aforesaid automobile policy issued to Joan Barrett by Plaintiff Progressive Specialty Insurance Company plainly and unambiguously states on page 3 as follows: "Insured Person" means: (2) any person with respect to an accident arising out of that person's use of a covered auto with the permission of you or a relative. 21. In view of the facts of the subject accident and in view of the plain and unambiguous language of Plaintiff's aforesaid automobile policy, there is no liability coverage for Defendant Caleb Spitzer under the Plaintiff Progressive Specialty Insurance Company's automobile policy, because Caleb Spitzer did not have permission to operate the vehicle involved in the subject accident. 22. Based upon the foregoing, Plaintiff Progressive Specialty Insurance Company has no duty to defend or indemnify Defendant Caleb Spitzer. 23. Plaintiff Progressive Specialty Insurance Company has notified its named insured under the aforesaid policy, Defendant Joan H. Barrett, and Defendants Caleb Spitzer, Kaitlyn Anderson, Samantha Margo, Elizabeth Turner, and Cyle Starner -Moore that there is a pending coverage issue arising out of the fact that Defendant Caleb Spitzer was operating the Barrett vehicle without permission and the current case investigation is being done under a reservation of rights. (Copies of the reservation of rights letters are collectively attached hereto as Exhibit 3). 24. Plaintiff Progressive Specialty Insurance Company believes, and, therefore, avers that all persons and entities that have any interest in the controversy presented by this declaratory 5 e judgment action, or that may be affected by the determination of This Honorable Court, have been named as parties to the action. 25. The aforesaid allegations create an actual case and controversy over which this Court has jurisdiction. 26. A Declaratory Judgment or Decree by This Honorable Court would terminate the uncertainty and /or controversy giving rise to this action. 27. A determination of this action for declaratory relief by This Honorable Court would settle the controversy between the parties and afford relief from uncertainty and insecurity with respect to the rights, status, and other legal relations of the parties involved herein. 28. Pursuant to the provisions of the Declaratory Judgment Act, 42 Pa. C.S.A. §7531, et. seq., Plaintiff Progressive Specialty Insurance Company seeks a declaration that it owes no duty to defend or indemnify Defendant Caleb Spitzer, for the claims and/or causes of action of Defendants Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner - Moore. WHEREFORE, Plaintiff Progressive Specialty Insurance Company respectfully requests that This Honorable Court enter Judgment, granting the following relief: A. A Decree determining the controversy as alleged herein; B. A Decree declaring that Plaintiff Progressive Specialty Insurance Company has no duty to defend or indemnify Defendant Caleb Spitzer for any claims or causes of actions of Defendants Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner - Moore; and C. A stay of the proceedings in the actions, if any, filed by Defendants 6 Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner - Moore until disposition of the issues raised herein; and D. Such other relief as the Court may deem appropriate Respectfully Submitted: FORRY, ULLMAN By: V &�e- Randy T. Arch, Esquire Attorney for Plaintiff, Progressive Specialty Insurance Company Date:. / 9'111 7 t VERIFICATION I, MICHAEL RAINS, verify that I am a representative of Progressive Specialty Insurance Company and am authorized to make this verification. I verify that the statements made in the foregoing Declaratory Judgment Complaint are true and correct to the best of my knowledge and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A, Section 4904, relating to unsworn falsification to authorities. E a- Date: 3 � By: MICHAEL RAINS Representative of Progressive Specialty Insurance Company 7 i � '� M - � �. ,_ I "9610A PA 0506' 11111111111111111 llll Ill 1 PENNSYLVANIA AUTO POLICY -erg '.:1 `�'�,'• 1 'L,. ,. �. i r d ' f b av4 THIS POLICY, THE DECLARATIONS PAGE, YOUR INSURANCE APPLICATION, AND ANY APPLICABLE ENDORSEMENTS CONTAIN THE TERMS OF THE CONTRACT OF INSURANCE BETWEEN US AND THE j POLICYHOLDER. NOTICE: IF YOU BUY COLLISION COVERAGE, IT DOES NOT APPLY TO AUTOS RENTED FOR SIX MONTHS OR MORE. Farm 9610A PA (05/06) version 2.0 PRO6REll /UE® OR /VE %surance EXHIBIT b a i s CONTENTS INSURING AGREEMENT ................. ..............................1 GENERAL DEFINITIONS ................. ..............................1 PART I - LIABILITY TO OTHERS Insuring Agreement ................... ..............................2 Additional Definition .................. ............................... 3 Additional Payments .................. ..............................3 Exclusions.......................... ..............................3 Limits of Liability ..................... ............................... 4 Financial Responsibility Laws .......... ............................... 5 Otherinsurance ......... ........... ..............................5 Out -of -State Coverage ............... ............................... 6 PART II - FIRST PARTY BENEFITS COVERAGE Insuring Agreement - First Parry Benefits Coverage ....................... 6 Insuring Agreement - Combination First Party Benefits Coverage............ 6 Insuring Agreement - Extraordinary Medical Benefits Coverage ............. 6 Additional Definitions ................. ............................... 7 Exclusions.......................... ..............................8 Limits of Liability ..................... ............................... 9 Otherinsurance ...................... ..............................9 Priority of Policies ..................... .............................10 PART III - UNINSURED /UNDERINSURED MOTORIST COVERAGE Insuring Agreement - Uninsured Motorist Coverage ...................... 11 Insuring Agreement - Underinsured Motorist Coverage ................... 11 Additional Definitions ................ ............................... 11 Exclusions.......................... .............................13 Limits of Liability ...................... .............................13 Otherinsurance ...................... .............................15 PART IV - DAMAGE TO A VEHICLE Insuring Agreement - Collision Coverage .. .............................16 Insuring Agreement - Comprehensive Coverage ........................16 Insuring Agreement - Additional Custom Parts or Equipment Coverage ...... 17 Insuring Agreement - Rental Reimbursement Coverage ..................17 Insuring Agreement - Loan /Lease Payoff Coverage ......................18 Additional Definitions .................. .............................18 Exclusions .................. ............................... ...19 Limits of Liability .................... ............................... 20 Payment of Loss ..................... .............................21 No Benefit to Bailee ................... .............................21 Loss Payable Clause .................. .............................22 Other Sources of Recovery ............ .............................22 Appraisal......................... ............ ..............22 PART V - ROADSIDE ASSISTANCE COVERAGE Insuring Agreement ................... .............................23 Additional Definitions .................. .............................23 Exclusions.......................... .............................23 Unauthorized Service Provider ........ ............................... 24 Otherinsurance ...................... .............................24 PART VI - DUTIES IN CASE OF AN ACCIDENT OR LOSS .................. 24 PART VII - GENERAL PROVISIONS Policy Period and Territory ............ ............................... 25 Changes................ ......... .............................25 Duty to Report Changes ............... .............................26 Settlement of Claims .................. .............................26 Terms of Policy Conformed to Statutes ............................. . .. 26 Transfer............................ .............................26 Fraud or Misrepresentation ............. .............................27 Payment of Premium and Fees ....... ............................... 27 Cancellation ......................... .............................27 Cancellation Refund .................. .............................28 Nonrenewal ......................... .............................28 Automatic Termination ............... ............................... 29 Legal Action Against Us ................ .............................29 Our Rights to Recover Payment ....... ............................... 29 Joint and Individual Interests ........... ............................... 30 Bankruptcy.......................... .............................30 ii PENNSYLVANIA AUTO POLICY INSURING AGREEMENT In return for your payment of the premium, we agree to insure you subject to all the terms, conditions, and limitations of this policy. We will insure you for the coverages and the limits of liability shown on this policy's declarations page. Your policy consists of the policy contract, your insurance application, the declarations page, and all en- dorsements to this policy. GENERAL DEFINITIONS The following definitions apply throughout the policy. Defined terms are printed in boldface type and have the same meaning whether in the singular, plural, or any other form. 1. "Additional auto" means an auto you become the owner of during the policy pe- riod that does not permanently replace an auto shown on the declarations page if: a. we insure all other autos you own; b the additional auto is not covered by any other insurance policy; c. you notify us within 30 days of becoming the owner of the additional auto; and d you pay any additional premium due. An additional auto will have the broadest coverage we provide for any auto shown on the declarations page. If you ask us to insure an additional auto more than 30 days after you become the owner, any coverage we provide will begin at the time you request coverage. 2. "Auto" means a land motor vehicle: a. of the private passenger, pickup body, or cargo van type; b. designed for operation principally upon public roads; c. with at least four wheels; and d. with a gross vehicle weight rating of 12,000 pounds or less, according to the manufacturer's specifications. However, "auto" does not include step -vans, parcel delivery vans, or cargo cut- away vans or other vans with cabs separate from the cargo area. 3. "Auto business" means the business of selling, leasing, repairing, parking, stor- ing, servicing, delivering, or testing vehicles. 4. "Bodily injury" means bodily harm, sickness, or disease, including death that re- sults from bodily harm, sickness, or disease. 5. "Covered auto" means: a. any auto or trailer shown on the declarations page for the coverages appli- cable to that auto or trailer; b. any additional auto; c. any replacement auto; or d. a trailer owned by you. 1 6. "Declarations page" means the document showing your coverages, limits of li- ability, covered autos, premium, and other policy - related information. The decla- rations page may also be referred to as the Auto Insurance Coverage Summary. 7. "Occupying" means in, on, entering, or exiting. 8. `Property damage" means physical damage to, destruction of, or loss of use of, tangible property. 9. "Relative" means: a. a person residing in the same household as you, and related to you by blood, marriage, or adoption, and includes a ward, stepchild, or foster child; b. a minor child in the custody of: (i) you; or (ii) a person residing in your household who is related to you; and c. your unmarried dependent children who are temporarily away from home if they intend to continue to reside in your household. 10. "Replacement auto" means an auto that permanently replaces an auto shown on the declarations page. A replacement auto will have the same coverage as the auto it replaces if the replacement auto is not covered by any other insurance policy. However, if the auto being replaced had coverage under Part IV - Damage To A Vehicle, such coverage will apply to the replacement auto only during the first 30 days after you become the owner unless you notify us within that 30 -day period that you want us to extend coverage beyond the initial 30 days. If the auto being replaced did not have coverage under Part IV - Damage To A Vehicle, such cover- age may be added, but the replacement auto will have no coverage under Part IV until you notify us of the replacement auto and ask us to add the coverage. 11. `Trailer" means a non - motorized trailer, including a farm wagon or farm imple- ment, designed to be towed on public roads by an auto and not being used: a. for commercial purposes; b. as an office, store, or for display purposes; or c. as a passenger conveyance. 12. "We ", "us ", and "our" mean the underwriting company providing the insurance, as shown on the declarations page. 13. "You" and "your" mean: a a person shown as a namedinsured on the declarations page; and b the spouse of a named insured if residing in the same household at the time of the loss. PART I -LIABILITY TO OTHERS INSURING AGREEMENT If you pay the premium for this coverage, we will pay damages for bodily injury and property damage for which an insured person becomes legally responsible be- cause of an accident. We will settle or defend, at our option, any claim for damages covered by this Part I. 2 ADDITIONAL DEFINITION When used in this Part I: "Insured person" means: 1. you or a relative with respect to an accident arising out of the ownership, mainte- nance, or use of an auto or trailer; 2. any person with respect to an accident arising out of that person's use of a cov- ered auto with the permission of you or a relative; 3. any person or organization with respect only to vicarious liability for the acts or omissions of a person described in 1. or 2. above; and 4. any Additional Interest shown on the declarations page with respect only to its li- ability for the acts or omissions of a person described in 1. or 2. above. ADDITIONAL PAYMENTS In addition to our limit of liability, we will pay for an insured person: 1. all expenses we incur in the settlement of any claim or defense of any lawsuit; 2. the premium on any appeal bond or attachment bond required in any lawsuit we defend. We have no duty to purchase a bond in an amount exceeding our limit of liability, and we have no duty to apply for or furnish these bonds; 3. up to $250 for a bail bond required because of an accident resulting in bodily in- jury or property damage covered under this Part I. We have no duty to apply for or furnish this bond; and 4. reasonable expenses, including loss of earnings up to $200 per day, incurred at our request. EXCLUSIONS - READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART I. Coverage under this Part I, including our duty to defend, will not apply to any insured person for: 1. bodily injury or property damage arising out of the ownership, maintenance, or use of any vehicle or trailer while being used to carry persons or property for compensation or a fee, including, but not limited to, pickup or delivery of maga- zines, newspapers, food, or any other products. This exclusion does not apply to shared - expense car pools; 2. any liability assumed under any contract or agreement by you or a relative; 3. bodily injury to an employee of that insured person arising out of or within the course of employment. This exclusion does not apply to domestic employees if benefits are neither paid nor required to be provided under workers' compensa- tion, disability benefits, or similar laws; 4. bodily injury or property damage arising out of an accident involving any ve- hicle while being maintained or used by a person while employed or engaged in any auto business. This exclusion does not apply to you, a relative, or an agent or employee of you or a relative, when using a covered auto; 3 5. bodily injury or property damage resulting from, or sustained during practice or preparation for: a. any pre- arranged or orgarized racing, stunting, speed, or demolition contest or activity; or b. any driving activity conducted on a permanent or temporary racetrack or race- course; 6. bodily injury or property damage due to a nuclear reaction or radiation; 7. bodily injury or property damage for which insurance: a. is afforded under a nuclear energy liability insurance contract; or b. would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability; 8. any obligation for which the United States Government is liable under the Federal Tort Claims Act; 9. bodily injury or property damage caused by an intentional act of that insured person, or at the direction of that insured person, even if the actual injury or damage is different than that which was intended or expected; 10. property damage to any property owned by, rented to, being transported by, used by, or in the charge of that insured person. This exclusion does not apply to a rented residence or a rented garage; 11. bodily injury or property damage arising out of the ownership, maintenance, or use of any vehicle owned by you or furnished or available for your regular use, other than a covered auto for which this coverage has been purchased; 12. bodily injury or property damage arising out of the ownership, maintenance, or use of any vehicle owned by a relative or furnished or available for the regular use of a relative, other than a covered auto for which this coverage has been purchased. This exclusion does not apply to your maintenance or use of such vehicle; 13. bodily injury or property damage arising out of your or a relative's use of a ve- hicle, other than a covered auto, without the permission of the owner of the ve- hicle or the person in lawful possession of the vehicle; 14. bodily injury or property damage arising out of the use of a covered auto while leased or rented to others or given in exchange for any compensation. This exclu- sion does not apply to the operation of a covered auto by you or a relative; 15. punitive or exemplary damages; or 16. bodily injury or property damage caused by, or reasonably expected to result from, a criminal act or omission of that insured person. This exclusion applies regardless of whether that insured person is actually charged with, or convicted of, a crime. For purposes of this exclusion, criminal acts or omissions do not include traffic violations. LIMITS OF LIABILITY The limit of liability shown on the declarations page for liability coverage is the most we will pay regardless of the number of: 1. claims made; 2. covered autos; 3. insured persons; 4. lawsuits brought; 4 5. vehicles involved in the accident; or 6. premiums paid. If your declarations page shows a split limit: 1. the amount shown for "each person" is the most we will pay for all damages due to bodily injury to one person resulting from any one accident; 2. subject to the "each person" limit, the amount shown for "each accident' is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident; and 3. the amount shown for "property damage" is the most we will pay for the total of all property damage resulting from any one accident. The "each person" limit of liability applies to the total of all claims made for bodily injury to a person and all claims of others derived from such bodily injury, in- cluding, but not limited to, emotional injury or mental anguish resulting from the bodily injury of another or from witnessing the bodily injury to another, loss of society, loss of companionship, loss of services, loss of consortium, and wrong- ful death. If the declarations page shows that "combined single limit' or "CSL" applies, the amount shown is the most we will pay for the total of all damages resulting from any one accident. However, without changing this limit of liability, we will comply with any law that requires us to provide any separate limits. No one is entitled to duplicate payments for the same elements of damages. Any payment to a person under this Part I will be reduced by any payment to that per- son under Part III - Uninsured /Underinsured Motorist Coverage. If multiple auto policies issued by us are in effect for you, we will pay no more than the highest limit of liability for this coverage available under any one policy. An auto and attached trailer are considered one auto. Therefore, the limits of liability will not be increased for an accident involving an auto that has an attached trailer. FINANCIAL RESPONSIBILITY LAWS When we certify this policy as proof of financial responsibility, this policy will com- ply with the law to the extent required. The insured person must reimburse us if we make a payment that we would not have made if this policy was not certified as proof of financial responsibility. OTHER INSURANCE If there is any other applicable liability insurance or bond, we will pay only our share of the damages. Our share is the proportion that our limit of liability bears to the total of all appli- 5 4 cable limits. However, any insurance we provide for a vehicle or trailer, other than a cov- ered auto, will be excess over any other collectible insurance, self- insurance, or bond. OUT-OF-STATE COVERAGE If an accident to which this Part I applies occurs in any state, territory, or possession of the United States of America or any province or territory of Canada, other than the one in which a covered auto is principally garaged, and the state, province, territory, or possession has: 1. a financial responsibility or similar law requiring limits of liability for bodily injury or property damage higher than the limits shown on the declarations page, this policy will provide the higher limits; or 2. a compulsory insurance or similar law requiring a non - resident to maintain insur- ance whenever the non - resident uses an auto in that state, province, territory, or possession, this policy will provide the greater of: a. the required minimum amounts and types of coverage; or b. the limits of liability under this policy. PART II - FIRST PARTY BENEFITS COVERAGE INSURING AGREEMENT - FIRST PARTY BENEFITS COVERAGE If you pay the premium for this coverage, we will pay the following First Parry Benefits, subject to the limit of liability shown on your declarations page, for loss or expense sustained by an insured person because of bodily injury caused by an accident and arising out of the maintenance or use of a motor vehicle: 1. medical expenses; 2. income loss; 3. funeral benefit; and 4. accidental death benefit. INSURING AGREEMENT - COMBINATION FIRST PARTY BENEFITS COVERAGE If you pay the premium for this coverage, we will pay medical expenses, income loss, funeral benefit, and accidental death benefit, subject to the combined single limit of liability shown on your declarations page, for each insured person who sustains bodily injury caused by an accident and arising out of the maintenance or use of a motor vehicle. Subject to the combined single limit of liability, the most we will pay as the funeral benefit for an insured person is $2,500, and the most we will pay as the accidental death benefit for an insured person is $25,000. We will only pay for expenses or loss incurred within three years from the date of the accident. INSURING AGREEMENT - EXTRAORDINARY MEDICAL BENEFITS COVERAGE If you pay the premium for this coverage, subject to the limit of liability shown on your declarations page, we will pay medical expenses incurred by an insured person in 6 a excess of the aggregate of $100,000 that result from bodily injury caused by an accident and arising out of the maintenance or use of a motor vehicle, subject to the following: 1. The limit of liability shown on the declarations page for Extraordinary Medical Benefits Coverage is the most we will pay for medical expenses incurred by an insured person as the result of an accident to which this Extraordinary Medical Benefits Coverage applies, and is subject to the following additional limits: a. an annual limit of $50,000 for medical expenses incurred by an insured person; and b. a lifetime aggregate limit of $1,000,000 for medical expenses incurred by an insured person. However, the $50,000 annual limit shall not apply to medical expenses covered by Extraordinary Medical Benefits Coverage that are incurred during the first 18 months of eligibility. 2. Any amounts payable by us as Extraordinary Medical Benefits will be excess to any amounts available to an insured person for medical expense under any First Party Benefits Coverage provided in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. 3. If an insured person is eligible for Extraordinary Medical Benefits Coverage and is also eligible for benefits under the Pennsylvania Catastrophic Loss Trust Fund, the combined total recovery under Extraordinary Medical Benefits Coverage and the Pennsylvania Catastrophic Loss Trust Fund for medical expenses incurred by an insured person as the result of an accident shall not exceed $1,000,000. ADDITIONAL DEFINITIONS When used in this Part II: 1. "Accidental death benefit' means a death benefit paid to the personal represen- tative of the insured person, should injury caused by a motor vehicle accident result in death within 24 months from the date of the accident. 2. "Funeral benefit' means the reasonable and necessary expenses directly relat- ed to the funeral, burial, cremation, or other form of disposition of the remains of a deceased insured person, incurred due to the death of the insured person if death: a. results from a motor vehicle accident; and b. occurs within 24 months from the date of the accident. 3. "Income loss" means 80% of actual loss of gross income of an insured person. It also includes reasonable expenses actually incurred for: a. hiring a substitute to perform services the insured person would have per- formed in connection with self - employment, in order to mitigate or reduce loss of gross income; or b. hiring special help to enable the insured person to work and mitigate loss of gross income. We will not pay for "income loss" for: a. loss of income during any period following the death of an insured person; b. expenses incurred for services performed following the death of an insured person; or 7 c. any loss of income during the first five days the insured person did not work after the accident due to the bodily injury caused by the accident. 4. "Insured person" means: a. with respect to medical expenses, income loss, and funeral benefit: (i) you or any relative; and (ii) any other person: (a) while occupying your covered auto with the express or implied permission of you or a relative; or (b) while not occupying a motor vehicle if injured as a result of an ac- cident which occurs in Pennsylvania involving your covered auto. This does not apply if your covered auto is parked and unoccupied at the time of the accident unless it was parked in a manner as to create an unreasonable risk of injury; and b. with respect to an accidental death benefit, you or any relative. 5. "Medical expense" means the reasonable charge for necessary medical treat- ment and rehabilitative services, including, but not limited to: a. hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, and nursing services; b. licensed physical therapy, vocational rehabilitation, occupational therapy, speech pathology and audiology therapy, and optometric services; and c. medications, medical supplies, and prosthetic devices; all without limitation as to time, provided that, within 18 months from the date of the accident causing bodily injury, it is ascertainable, with reasonable medical probability, that further medical expense may be incurred as a result of the bodi- ly injury. "Medical expense" may include any non - medical remedial care and treatment rendered in accordance with a recognized religious method of healing. 6. "Motor vehicle" means a self - propelled vehicle, operated or designed for use up -. on public roads. However, motor vehicle does not include a vehicle operated: a. by muscular power; or b. on rails or tracks. 7. "Your covered auto" means a motor vehicle for which you have purchased: a. Part I - Liability To Others Coverage if the motor vehicle is: (i) owned by you; or (ii) shown on the declarations page; and b. First Party Benefits Coverage as required under the Pennsylvania Motor Ve- hicle Financial Responsibility Law. EXCLUSIONS - READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART II. We do not provide any First Party Benefits under this Part II for bodily injury: 1. sustained by any person while intentionally causing or attempting to cause bodily injury to: a. himself or herself; or b. any other person; 8 2. sustained by any person while committing a felony; 3. sustained by any person while seeking to elude lawful apprehension or arrest by a law enforcement official; 4. sustained by any person while maintaining or using a motor vehicle knowingly converted by that person. However, this exclusion does not apply to you; 5. sustained by any person who, at the time of the accident: a. is the owner of one or more registered motor vehicles that do not have in effect the security required by the Pennsylvania Motor Vehicle Financial Re- sponsibility Law; or b. is occupying a motor vehicle owned by that person for which the financial responsibility required by the Pennsylvania Motor Vehicle Financial Respon- sibility Law is not in effect; 6. sustained by any person maintaining or using a motor vehicle while located for use as a residence or premises; 7. sustained by any person while occupying: a. a recreational vehicle designed for use off public roads; or b. a motorcycle, moped, or similar type vehicle; 8. caused by or as a consequence of: a. any discharge of a nuclear weapon; b. war (whether declared or undeclared); c. civil war; d. insurrection; or e. rebellion or revolution; or, 9. from or as a consequence of the following whether controlled or uncontrolled or however caused: a. nuclear reaction; b. radiation; or c. radioactive contamination. LIMITS OF LIABILITY The limit of liability shown on the declarations page for each First Party Benefit under this Part II is the most we shall pay for that benefit to or for each insured person as the result of any one accident, regardless of the number of: 1. claims made; 2. covered autos; 3. lawsuits brought; 4. vehicles involved in the accident; 5. premiums paid; or 6. insurers providing first party benefits. OTHER INSURANCE No one will be entitled to recover duplicate payments for the same elements of loss under this or any other similar automobile insurance, including self- insurance. 9 Any amount payable under this Part II shall be excess over any amounts paid, pay- able or required to be provided to an insured person under any workers' compen- sation law or similar law. Consistent with the duty of an insured person to cooperate with us in any matter concerning a claim, an insured person presenting a claim un- der this Part II shall, when eligible for workers' compensation benefits, make applica- tion for same with both the insured person's employer and workers' compensation insurer. PRIORITY OF POLICIES If there is other First Party Benefits Coverage, we will pay benefits under this Part II in accordance with the order of priorities set forth by the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended. We will not pay benefits if there is another insurer at a higher level of priority. The order of priority is: First The insurer providing benefits to the insured person as a named insured. Second The insurer providing benefits to the insured person as a relative who is not a named insured under another policy providing coverage under the Penn- sylvania Motor Vehicle Financial Responsibility Law. Third The insurer of the motor vehicle which the insured person is occupying at the time of the accident. Fourth The insurer providing benefits on any motor vehicle involved in the accident if the insured person is: a. not occupying a motor vehicle; and b. not entitled to payment of first party benefits under any other motor ve- hicle policy. An unoccupied parked motor vehicle is not a motor vehicle involved in an accident within this Fourth priority unless it was parked in a manner as to cre- ate an unreasonable risk of injury. If two or more policies have equal priority within the highest applicable priority level: 1. The insurer against whom the claim is first made shall process and pay the claim as if wholly responsible. The insurer is thereafter entitled to recover contribution on a pro rata basis from any other insurer for the benefits paid and the costs of processing the claim. If contribution is sought among insurers responsible under the Fourth priority, proration shall be based on the number of involved motor ve- hicles. 2. If we are the insurer against whom the claim is first made, our payment to or for an insured person will not exceed the applicable limit of liability for coverage un- der this Part II shown on the declarations page, or if you have purchased Ex- traordinary Medical Benefits Coverage, the applicable limit of liability. 3. The maximum recovery under all policies may not exceed the amount payable under the policy with the highest dollar limits of benefits. 10 PART III - UNINSURED /UNDERINSURED MOTORIST COVERAGE INSURING AGREEMENT - UNINSURED MOTORIST COVERAGE If you pay the premium for this coverage, we will pay for damages that an insured person is legally entitled to recover from the owner or operator of an uninsured mo- tor vehicle because of bodily injury: 1. sustained by an insured person; 2. caused by an accident; and 3. arising out of the ownership, maintenance, or use of an uninsured motor vehicle. INSURING AGREEMENT - UNDERINSURED MOTORIST COVERAGE If you pay the premium for this coverage, we will pay for damages that an insured person is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injury: 1. sustained by an insured person; 2. caused by an accident; and 3. arising out of the ownership, maintenance, or use of an underinsured motor ve- hicle. An insured person must notify us in writing at least 30 days before entering into any settlement with the owner or operator of an uninsured motor vehicle or underin- sured motor vehicle, or any liability insurer. In order to preserve our right of subroga- tion, we may elect to pay any sum offered in settlement by, or on behalf of, the owner or operator of an uninsured motor vehicle or underinsured motor vehicle. If we do this, the insured person shall assign to us all rights that insured person has against the owner or operator of the uninsured motor vehicle or underinsured motor ve- hicle, to the extent of our payment. No judgment or settlement for damages arising out of a lawsuit brought against an owner or operator of an uninsured motor vehicle or underinsured motor vehicle shall be binding on us unless we have: 1. received reasonable notice of the filing of the lawsuit resulting in the judgment; and 2. had a reasonable opportunity to protect our interests in the lawsuit. ADDITIONAL DEFINITIONS When used in this Part III: 1. "Insured person" means: a. you or a relative; b any person while operating a covered auto with the permission of you or a relative; c. any person occupying, but not operating, a covered auto; and d. any person whois entitled to recover damages covered by this Part III be- cause of bodily injury sustained by a person described in a, b, or c above. 2. "Noneconomic loss" means pain and suffering and other non - monetary detriment. 11 3. "Serious injury" means bodily injury resulting in death, serious impairment of a bodily function, or permanent serious disfigurement. 4. "Underinsured motor vehicle" means a land motor vehicle or trailer of any type to which a bodily injury liability bond or policy applies at the time of the accident, but the sum of all applicable limits of liability for bodily injury is less than the dam- ages that an insured person is entitled to recover from the owner or operator of the motor vehicle because of bodily injury. An "underinsured motor vehicle" does not include any vehicle or equipment: a. owned by you or a relative or furnished or available for the regular use of you or a relative; b. operated on rails or crawler treads; c. designed mainly for use off public roads, while not on public roads; d. while used as a residence or premises and not as a vehicle; e. that is a covered auto; or f. that is an uninsured motor vehicle. 5. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type: a. to which no bodily injury liability bond or policy applies at the time of the accident; b. to which a bodily injury liability bond or policy applies at the time of the acci- dent, but the bonding or insuring company: (i) denies coverage; or (ii) is insolvent, or becomes insolvent within six years after the accident occurs; c. to which a bodily injury liability bond or policy applies at the time of the acci- dent, but its limit of liability for bodily injury is less than the minimum limit of li- ability for bodily injury specified by the financial responsibility law of the state in which the covered auto is principally garaged; or d. whose owner or operator cannot be identified and that causes an accident resulting in bodily injury to an insured person, provided that the insured person, or someone on his or her behalf: (i) reports the accident to the police or civil authority within 24 hours or as soon as practicable after the accident; and (ii) notifies us within 30 days, or as soon as practicable thereafter, that the insured person has a cause of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and sets forth the facts in support thereof. An "uninsured motor vehicle" does not include any vehicle or equipment: a. owned by you or a relative or furnished or available for the regular use of you or a relative; b. owned or operated by a self- insurer under any applicable motor vehicle law, except a self- insurer that is or becomes insolvent; c. operated on rails or crawler treads; d. designed mainly for use off public roads, while not on public roads; e. while located for use as a residence or premises and not as a vehicle; f. that is a covered auto; or g. that is an underinsured motor vehicle. 12 EXCLUSIONS - READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART III. Coverage under this Part III will not apply: 1. to bodily injury sustained by any person while using or occupying: a. a covered auto while being used to carry persons or property for compen- sation or a fee, including, but not limited to, pickup or delivery of magazines, newspapers, food, or any other products. This exclusion does not apply to shared - expense car pools; or b. a motor vehicle that is owned by or available for the regular use of you or a relative. This exclusion does not apply to a covered auto that is insured un- der this Part III; 2. to noneconomic loss sustained by any person to whom a limited tort option applies unless the bodily injury sustained by the insured person is a serious injury; 3. to bodily injury sustained by you or a relative while using any vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle; 4. directly or indirectly to benefit any insurer or self- insurer under any of the following or similar laws: a. workers' compensation law; or b. disability benefits law; 5. to any punitive or exemplary damages; or 6. to bodily injury sustained by any person if that person or the legal representative of that person settles without our written consent. LIMITS OF LIABILITY The limit of liability shown on the declarations page for Uninsured /Underinsured Mo- torist Coverage is the most we will pay regardless of the number of: 1. claims made; 2. covered autos, unless you have selected stacked coverage; 3. insured persons; 4. lawsuits brought; 5. vehicles involved in the accident; or 6. premiums paid. Nonstacked Limits of Liability If you have selected nonstacked coverage under this Part III, the following shall also apply: If the declarations page shows a split limit: 1. the amount shown for "each person" is the most we will pay for all damages due to bodily injury to one person; and 13 2. subject to the "each person" limit, the amount shown for "each accident" is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident. The "each person" limit of liability includes the total of all claims made for bodily injury to an insured person and all claims of others derived from such bodily injury, includ- ing, but not limited to, emotional injury or mental anguish resulting from the bodily in- jury of another or from witnessing the bodily injury to another, loss of society, loss of companionship, loss of services, loss of consortium, and wrongful death. If the declarations page shows that "combined single limit" or "CSL" applies, the amount shown is the most we will pay for the total of all damages resulting from any one accident. However, without changing this total limit of liability, we will comply with any law that requires us to provide any separate limits. Stacked Limits of Liability If you have selected stacked coverage under this Part III, the following shall also apply to bodily injury sustained by you or a relative: 1. If you or a relative sustain bodily injury while occupying a covered auto, the limit of liability shall be the limit available under Nonstacked Limits of Liability de- scribed above and the limit shown on the declarations page multiplied by the number of covered autos that are not involved in the accident. 2. If you or a relative sustain bodily injury while not occupying a covered auto, the limit of liability shall be the limit shown on the declarations page multiplied by the number of covered autos. Stacked Limits of Liability shall not increase the limit of liability applicable to any in- sured person other than you or a relative. The nonstacked limits of liability will apply to any insured person other than you or a relative. As with nonstacked limits, the "each person" stacked limit of liability includes the total of all claims made for bodily injury to an insured person and all claims of others de- rived from such bodily injury, including, but not limited to, emotional injury or mental anguish resulting from the bodily injury of another or from witnessing the bodily in- jury to another, loss of society, loss of companionship, loss of services, loss of consor- tium, and wrongful death. Limits of Liability Applicable to Stacked and Nonstacked Coverage In determining the amount payable under this Part III, the amount of damages that an insured person is entitled to recover for bodily injury will be reduced by all sums: 1. paid because of bodily injury by or on behalf of any persons or organizations that may be legally responsible; and 2. paid or payable because of bodily injury under any of the following or similar laws: a. workers' compensation law; or b. disability benefits law. 14 However, if an insured person enters into a settlement agreement for an amount less than the sum of the limits of liability under all applicable bodily injury liability bonds and policies, our limit of liability for Underinsured Motorist Coverage shall not exceed the difference between the damages sustained by the insured person and the sum of the applicable bodily injury liability limits. The limits of liability under this Part III shall be reduced by all sums paid under Part I - Liability To Others. No one will be entitled to duplicate payments for the same elements of damages. If multiple auto policies issued by us are in effect for you, we will pay no more than the highest limit of liability for this coverage available under any one policy. OTHER INSURANCE If there is other applicable similar insurance available under more than one policy or provision of coverage, the following priorities of recovery apply: First The uninsured or underinsured motorist coverage applicable to the motor ve- hicle the insured person was occupying at the time of the accident. Second Any other policy affording uninsured or underinsured motorist coverage to the insured person. If two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay the claim as if wholly responsible. The insurer is there- after entitled to recover contribution on a pro rata basis from any other insurer for the benefits paid and the costs of processing the claim. If nonstacked coverage is shown on the declarations page, the following additional provisions apply: 1. When there is insurance available under the First priority: a. the limit of liability applicable to the motor vehicle the insured person was occupying, under the policy in the First priority, shall first be exhausted; and b. the maximum recovery under all policies in the Second priority shall not ex- ceed the amount by which the highest limit for any one motor vehicle under any one policy in the Second priority exceeds the limit applicable under the policy in the First priority; and 2. When there is no applicable insurance available under the First priority, the maxi- mum recovery under all policies in the Second priority shall not exceed the high- est applicable limit for any one motor vehicle under any one policy. 15 PART IV - DAMAGE TO A VEHICLE INSURING AGREEMENT - COLLISION COVERAGE If you pay the premium for this coverage, we will pay for sudden, direct, and acciden- tal loss to a: 1. covered auto, including an attached trailer; or 2. non -owned auto; and its custom parts or equipment, resulting from collision. In addition, we will pay the reasonable cost to replace any child safety seat damaged in an accident to which this coverage applies. INSURING AGREEMENT - COMPREHENSIVE COVERAGE If you pay the premium for this coverage, we will pay for sudden, direct, and acciden- tal loss to a: 1. covered auto, including an attached trailer; or 2. non -owned auto; and its custom parts or equipment, that is not caused by collision. A loss not caused by collision includes: 1. contact with an animal (including a bird); 2. explosion or earthquake; 3. fire; 4. malicious mischief or vandalism; 5. missiles or falling objects; 6. riot or civil commotion; 7. theft or larceny; 8. windstorm, hail, water, or flood; or 9. breakage of glass not caused by collision. In addition, we will pay for: 1. reasonable transportation expenses incurred by you if a covered auto is stolen; and 2. loss of use damages that you are legally liable to pay if a non -owned auto is sto- len. A combined maximum of $900, not exceeding $30 per day, will apply to these addi- tional benefits. The additional benefit for transportation expenses will not apply if you purchased Rental Reimbursement Coverage for the stolen covered auto. Coverage for transportation expenses and loss of use damages begins 48 hours after you report the theft to us and ends the earliest of: 1. when the auto has been recovered and returned to you or its owner; 2. when the auto has been recovered and repaired; 3. when the auto has been replaced; or 16 4. 72 hours after we make an offer to settle the loss if the auto is deemed by us to be a total loss. We must receive written proof of transportation expenses and loss of use damages. INSURING AGREEMENT - ADDITIONAL CUSTOM PARTS OR EQUIPMENT COVERAGE We will pay for sudden, direct, and accidental loss to custom parts or equipment on a covered auto for which this coverage has been purchased. This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages. This cov- erage applies in addition to any coverage automatically provided for custom parts or equipment under Comprehensive Coverage or Collision Coverage. INSURING AGREEMENT - RENTAL REIMBURSEMENT COVERAGE We will reimburse rental charges incurred when you rent an auto from a rental agency or auto repair shop due to a loss to a covered auto for which Rental Reimbursement Coverage has been purchased. This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages. Additional fees or charges for insurance, damage waivers, optional equipment, fuel, or accessories are not covered. This coverage is limited to the each day limit shown on the declarations page for a maximum of 30 days. If Rental Reimbursement Coverage applies, no other coverage under this policy for rental expenses will apply. Rental charges will be reimbursed beginning: 1. when the covered auto cannot be driven due to a loss; or 2. if the covered auto can be driven, when you deliver the covered auto to an auto repair shop or one of our Claims Service Centers for repairs due to the loss; and ending the earliest of: 1. when the covered auto has been returned to you; 2. when the covered auto has been repaired; 3. when the covered auto has been replaced; 4. 72 hours after we make an offer to settle the loss if the covered auto is deemed by us to be a total loss; or 5. when you incur 30 days worth of rental charges. You must provide us written proof of your rental charges to be reimbursed. 17 INSURING AGREEMENT - LOAN /LEASE PAYOFF COVERAGE If you pay the premium for this coverage, and the covered auto for which this cover- age was purchased is deemed by us to be a total loss, we will pay, in addition to any amounts otherwise payable under this Part IV, the difference between: 1. the actual cash value of the covered auto at the time of the total loss; and 2. any greater amount the owner of the covered auto is legally obligated to pay un- der a written loan or lease agreement to which the covered auto is subject at the time of the total loss, reduced by: a. unpaid finance charges or refunds due to the owner for such charges; b. excess mileage charges or charges for wear and tear; c. charges for extended warranties or refunds due to the owner for extended warranties; d. charges for credit insurance or refunds due to the owner for credit insurance; e. past due payments and charges for past due payments; and f. collection or repossession expenses. However, our payment under this coverage shall not exceed the limit of liability shown on the declarations page. The limit of liability is a percentage of the actual cash value of the covered auto at the time of the loss. This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages. ADDITIONAL DEFINITIONS When used in this Part IV: 1. "Collision" means the upset of a vehicle or its impact with another vehicle or object. 2. "Custom parts or equipment" means equipment, devices, accessories, enhance- ments, and changes, other than those that are offered by the manufacturer specifi- cally for that auto model, or that are installed by the auto dealership as part of the original sale of a new auto, that: a. are permanently installed or attached; and b. alter the appearance or performance of the auto. 3. "Mechanical parts" means operational parts on a vehicle that wear out over time or have a finite useful life or duration typically shorter than the life of the vehicle as a whole. Mechanical parts do not include external crash parts, wheels, paint, or windshields and other glass. 4. "Non -owned auto" means an auto that is not owned by or furnished or available for the regular use of you or a relative while in the custody of or being operated by you or a relative with the permission of the owner of the auto or the person in lawful possession of the auto. 18 EXCLUSIONS - READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART IV. Coverage under this Part IV will not apply for loss: 1. to any vehicle while being used to carry persons or property for compensation or a fee, including, but not limited to, pickup or delivery of magazines, newspapers, food, or any other products. This exclusion does not apply to shared - expense car pools; 2. to a non -owned auto while being maintained or used by a person while em- ployed or engaged in any auto business; 3. to any vehicle resulting from, or sustained during practice or preparation for: a. any pre- arranged or organized racing, stunting, speed, or demolition contest or activity; or b. any driving activity conducted on a permanent or temporary racetrack or race- course; 4. to any vehicle for which insurance: a. is afforded under a nuclear energy liability insurance contract; or b. would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability; 5. to any vehicle caused by an intentional act committed by or at the direction of you, a relative, or the owner of a non -owned auto, even if the actual damage is differ- ent than that which was intended or expected; 6. to a covered auto while it is leased or rented to others or given in exchange for compensation. This exclusion does not apply to the operation of a covered auto by you or a relative; 7. due to destruction or confiscation by governmental or civil authorities of any ve- hicle because you or any relative engaged in illegal activities; 8. to any vehicle that is due and confined to: a. wear and tear; b. freezing; c. mechanical, electrical, or electronic breakdown or failure; or d. road damage to tires. This exclusion does not apply if the damage results from the theft of a vehicle; 9. to portable equipment, devices, accessories, and any other personal effects that are not permanently installed. This includes, but is not limited to: a. tapes, compact discs, cassettes, DVDs, and other recording or recorded media; b. any case or other container designed for use in storing or carrying tapes, compact discs, cassettes, DVDs, or other recording or recorded media; c. any device used for the detection or location of radar, laser, or other speed measuring equipment or its transmissions; and d. CB radios, telephones, two -way mobile radios, DVD players, personal com- puters, personal digital assistants, or televisions; 10. to any vehicle for diminution of 11. to any vehicle caused directly or indirectly by: a. war (declared or undeclared) or civil war; 19 b. warlike action by any military force of any government, sovereign or other au- thority using military personnel or agents. This includes any action taken to hinder or defend against an actual or expected attack; or c. insurrection, rebellion, revolution, usurped power, or any action taken by a governmental authority to hinder or defend against any of these acts; 12. to any vehicle caused directly or indirectly by: a. any accidental or intentional discharge, dispersal or release of radioactive, nuclear, pathogenic or poisonous biological material; or b. any intentional discharge, dispersal or release of chemical or hazardous ma- terial for any purpose other than its safe and useful purpose; or 13. to any vehicle caused by, or reasonably expected to result from, a criminal act or omission of you, a relative, or the owner of a non -owned auto. This exclusion applies regardless of whether you, the relative, or the owner of the non -owned auto is actually charged with, or convicted of, a crime. For purposes of this exclu- sion, criminal acts or omissions do not include traff ic violations. LIMITS OF LIABILITY 1. The limit of liability for loss to a covered auto, non -owned auto, or custom parts or equipment is the lowest of: a. the actual cash value of the stolen or damaged property at the time of the loss reduced by the applicable deductible; b. the amount necessary to replace the stolen or damaged property reduced by the applicable deductible; c. the amount necessary to repair the damaged property to its pre -loss condi- tion reduced by the applicable deductible; or d. the Stated Amount shown on the declarations page for that covered auto. However, the most we will pay for loss to: a. custom parts or equipment is $1,000 unless you purchased Additional Custom Parts or Equipment Coverage ( "ACPE "). If you purchased ACPE, the most we will pay is $1,000 plus the amount of ACPE you purchased; b a trailer is the limit of liability shown on the declarations page for that trailer. If the trailer is not shown on the declarations page, the limit of liability is $500. 2. Payments for loss to a covered auto, non -owned auto, or custom parts or equipment are subject to the following provisions: a. If coverage applies to a non -owned auto, we will provide the broadest cov- erage applicable to any covered auto shown on the declarations page. b. If you have elected a Stated Amount for a covered auto, the Stated Amount is the most we will pay for all loss to that covered auto, including its custom parts or equipment. c. Coverage for custom parts or equipment will not cause our limit of liability for loss to an auto under this Part IV to be increased to an amount in excess of the actual cash value of the auto, including its custom parts or equipment. d. In determining the amount necessary to repair damaged property to its pre - loss condition, the amount to be paid by us: 0 will not exceed the prevailing competitive labor rates charged in the area 20 where the property is to be repaired and the cost of repair or replacement parts and equipment, as reasonably determined by us; and (ii) will be based on the cost of repair or replacement parts and equipment which may be new, reconditioned, remanufactured, or used, including, but not limited to: (a) original manufacturer parts or equipment; and (b) nonoriginal manufacturer parts or equipment. e. To determine the amount necessary to repair or replace the damaged proper- ty as referred to in subsection 1, the total cost of necessary repair or replace- ment may be reduced by unrepaired prior damage. Unrepaired prior damage includes broken, cracked, or missing parts; rust; dents; scrapes; gouges; and peeling paint. The reduction for unrepaired prior damage is the cost of labor, parts, and materials necessary to repair or replace damage, deterioration, de- fects, or wear and tear on exterior body parts, windshields and other glass, wheels, and paint, that existed prior to the accident and that is eliminated as a result of the repair or replacement of property damaged in the loss. f. To determine the amount necessary to repair or replace the damaged proper- ty as referred to in subsection 1, an adjustment may be made for betterment or depreciation and physical condition on: (i) batteries; (ii) tires; (iii) engines and transmissions, if the engine has greater than 80,000 miles; and (iv) any other mechanical parts that are nonfunctioning or inoperative. We will not make an adjustment for the labor costs associated with the re- placement or repair of these parts. g. The actual cash value is determined by the market value, age, and condition of the vehicle at the time the loss occurs. 3. No deductible will apply to a loss to window glass when the glass is repaired in- stead of replaced. 4. Duplicate recovery for the same elements of damages is not permitted. PAYMENT OF LOSS We may, at our option: 1. pay for the loss in money; or 2. repair or replace the damaged or stolen property. At our expense, we may return any recovered stolen property to you or to the address shown on the declarations page, with payment for any damage resulting from the theft. We may keep all or part of the property at the agreed or appraised value. We may settle any loss with you or the owner or lienholder of the property. NO BENEFIT TO BAILEE Coverage under this Part IV will not directly or indirectly benefit any carrier or other bailee for hire. 21 y LOSS PAYABLE CLAUSE Payment under this Part IV for a loss to a covered auto will be made according to your interest and the interest of any lienholder shown on the declarations page or designated by you. At our option, payment may be made to both jointly, or to either separately. Either way, we will protect the interest of both. However, if the covered au- to is not a total loss, we may make payment to you and the repairer of the auto. Protection of the lienholder's financial interest will not be affected by any act or omis- sion by any person entitled to coverage under this policy. However, protection under this clause does not apply: 1. in any case of conversion, embezzlement, secretion, or willful damaging or de- struction, of the covered auto by or at the direction of you, a relative, or the own- er of the covered auto; or 2. to any loss caused by, or reasonably expected to result from, a criminal act or omission of you, a relative, or the owner of the covered auto. This applies re- gardless of whether you, the relative, or the owner of the covered auto is actu- ally charged with, or convicted of, a crime. If this policy is cancelled, nonrenewed, or voided, the interest of any lienholder under this agreement will also terminate. When we make payment to a lienholder for loss under this policy, we will be subro- gated to the rights of the party we pay, to the extent of our payment. When we pay a lienholder for a loss for which you are not covered, we are entitled to the lienholder's right of recovery against you to the extent of our payment. Our right to subrogation will not impair the lienholder's right to recover the full amount of its claim. OTHER SOURCES OF RECOVERY If other sources of recovery also cover the loss, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all appli- cable limits. However, any insurance we provide for a non -owned auto, or trailer not shown on the declarations page, will be excess over any other collectible source of recovery including, but not limited to: 1. any coverage provided by the owner of the non -owned auto or trailer; 2. any other applicable physical damage insurance; and 3. any other source of recovery applicable to the loss. APPRAISAL If we cannot agree with you on the amount of a loss, then we or you may demand an appraisal of the loss. Within 30 days of any demand for an appraisal, each party shall appoint a competent and impartial appraiser and shall notify the other party of that ap- praiser's identity. The appraisers will determine the amount of loss. If they fail to agree, the disagreement will be submitted to a qualified and impartial umpire chosen by the 22 a appraisers. If the two appraisers are unable to agree upon an umpire within 15 days, we or you may request that a judge of a court of record, in the county where you re- side, select an umpire. The appraisers and umpire will determine the amount of loss. The amount of loss agreed to by both appraisers, or by one appraiser and the umpire, will be binding. You will pay your appraiser's fees and expenses. We will pay our ap- praiser's fees and expenses. All other expenses of the appraisal, including payment of the umpire if one is selected, will be shared equally between us and you. Neither we nor you waive any rights under this policy by agreeing to an appraisal. PART V - ROADSIDE ASSISTANCE COVERAGE INSURING AGREEMENT If you pay the premium for this coverage, we will pay for our authorized service represen- tative to provide the following services when necessary due to a covered emergency: 1. towing of a covered disabled auto to the nearest qualified repair facility; and 2. labor on a covered disabled auto at the place of disablement. If a covered disabled auto is towed to any place other than the nearest qualified re- pair facility, you will be responsible for any additional charges incurred. ADDITIONAL DEFINITIONS When used in this Part V: 1. "Covered disabled auto" means a covered auto for which this coverage has been purchased that sustains a covered emergency. 2. "Covered emergency" means a disablement that is a result of: a. mechanical or electrical breakdown; b. battery failure; c. insuff icient supply of fuel, oil, water, or other fluid; d. flat tire; e. lock -out; or f. entrapment in snow, mud, water, or sand, within 100 feet of a road or highway. EXCLUSIONS - READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EX- CLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART V. Coverage under this Part V will not apply to: 1. the cost of purchasing parts, fluid, lubricants, fuel, or replacement keys, or the la- bor to make replacement keys; 2. installation of products or material not related to the disablement; 3. labor not related to the disablement; 4. labor on a covered disabled auto for any time period in excess of 60 minutes per disablement; 5. towing or storage related to impoundment, abandonment, illegal parking, or other violations of law; 23 V 6. assistance with jacks, levelers, airbags, or awnings; 7. towing from a service station, garage, or repair shop; 8. labor or repair work performed at a service station, garage, or repair shop; 9. auto storage charges; 10. a second service call or tow for a single disablement; 11. disablement that occurs on roads not regularly maintained, sand beaches, open fields, or areas designated as not passable due to construction, weather, or earth movement; 12. mounting or removing of snow tires or chains; 13. tire repair; 14. repeated service calls for a covered disabled auto in need of routine mainte- nance or repair; 15. dsablement that results from an intentional or willful actor action by you, a rela- tive, or the operator of a covered disabled auto; or 16. a trailer. UNAUTHORIZED SERVICE PROVIDER When service is rendered by a provider in the business of providing roadside assis- tance and towing services, other than one of our authorized service representatives, we will pay only reasonable charges, as determined by us, for: 1. towing of a covered disabled auto to the nearest qualified repair facility; and 2. labor on a covered disabled auto at the place of disablement; which is necessary due to a covered emergency. OTHER INSURANCE Any coverage provided under this Part V for service rendered by an unauthorized ser- vice provider will be excess over any other collectible insurance or towing protection coverage. PART VI - DUTIES IN CASE OF AN ACCIDENT OR LOSS For coverage to apply under this policy, you or the person seeking coverage must promptly report each accident or loss even if you or the person seeking coverage is not at fault. You or the person seeking coverage must provide us with all accident/loss information including time, place, and how the accident or loss happened. You or the person seeking coverage must also obtain and provide us the names and addresses of all persons involved in the accident or loss, the names and addresses of any wit- nesses, and the license plate numbers of the vehicles involved. If you or the person seeking coverage cannot identify the owner or operator of a ve- hicle involved in the accident, or if theft or vandalism has occurred, you or the person seeking coverage must notify the police within 24 hours or as soon as practicable. A person seeking coverage must: 1. cooperate with us in any matter concerning a claim or lawsuit; 24 2. provide any written proof of loss we may reasonably require; 3. allow us to take signed and recorded statements, including sworn statements and examinations under oath, which we may conduct outside the presence of you or any other person claiming coverage, and answer all reasonable questions we may ask as often as we may reasonably require; 4. promptly call to notify us about any claim or lawsuit and send us any and all legal papers relating to the claim or suit; 5. attend hearings and trials as we require; 6. take reasonable steps after a loss to protect the covered auto, or any other ve- hicle for which coverage is sought, from further loss. We will pay reasonable ex- penses incurred in providing that protection. If failure to provide such protection re- sults in further loss, any additional damages will not be covered under this policy; 7. allow us to have the damaged covered auto, or any other damaged vehicle for which coverage is sought, inspected and appraised before its repair or disposal; 8. submit to medical examinations at our expense by doctors we select as often as we may reasonably require; 9. submit to vocational rehabilitation examinations at our expense by rehabilitation specialists we select as often as we may reasonably require; and 10. authorize us to obtain medical and other records. PART VII - GENERAL PROVISIONS POLICY PERIOD AND TERRITORY This policy applies only to accidents and losses occurring during the policy period shown on the declarations page and that occur within a state, territory, or possession of the United States of America, or a province or territory of Canada, or while a covered auto or trailer shown on the declarations page is being transported between their ports. CHANGES This policy contract, your insurance application (which is made a part of this policy as if attached hereto), the declarations page, and all endorsements to this policy issued by us, contain all the agreements between you and us. Subject to the following, the terms of this policy may not be changed or waived except by an endorsement issued by us. The premium for this policy is based on information we received from you and other sources. You agree to cooperate with us in determining if this information is correct and complete, and to notify us if it changes during the policy period. If this information is incorrect, incomplete, or changes during the policy period, you agree that we may adjust your premium accordingly. Changes that may result in a premium adjustment are contained in our rates and rules. These include, but are not limited to, you or a relative obtaining a driver's license or operator's permit, or changes in: 1. the number, type, or use classification of covered autos; 2. operators using covered autos; 3. an operator's marital status; 25 4. the place of principal garaging of any covered auto; 5. coverage, deductibles, or limits of liability; or 6. rating territory or discount eligibility. The coverage provided in your policy may be changed only by the issuance of a new policy or an endorsement by us. However, if during the policy period we broaden any coverage afforded under the current edition of your policy without additional premium charge, that change will automatically apply to your policy as of the date the coverage change is implemented in your state. If you ask us to delete a vehicle from this policy, no coverage will apply to that vehicle as of the date and time you ask us to delete it. DUTY TO REPORT CHANGES You must promptly notify us when: 1. your mailing or residence address changes; 2. the principal garaging address for a covered auto or a trailer shown on the dec- larations page changes; 3. there is a change with respect to the residents in your household or the persons who regularly operate a covered auto; 4. an operator's marital status changes; or 5. you or a relative obtain a driver's license or operator's permit. SETTLEMENT OF CLAIMS We may use estimating, appraisal, or injury evaluation systems to assist us in adjusting claims under this policy and to assist us in determining the amount of damages, expens- es, or loss payable under this policy. Such systems may be developed by us or a third party and may include computer software, databases, and specialized technology. TERMS OF POLICY CONFORMED TO STATUTES If any provision of this policy fails to conform to the statutes of the state listed on your application as your residence, the provision shall be deemed amended to conform to such statutes. All other provisions shall be given full force and effect. Any disputes as to the coverages provided or the provisions of this policy shall be governed by the law of the state listed on your application as your residence. TRANSFER This policy may not be transferred to another person without our written consent. However, if a named insured shown on the declarations page dies, this policy will provide coverage until the end of the policy period for the legal representative of the named insured, while acting as such, and for persons covered under this policy on the date of the named insured's death. 26 FRAUD OR MISREPRESENTATION This policy was issued in reliance upon the information provided on your insurance application. We may void this policy at any time during the first 59 days, including after the occurrence of an accident or loss, if you: 1. made incorrect statements or representations to us with regard to any material fact or circumstance; 2. concealed or misrepresented any material fact or circumstance; or 3. engagedin fraudulent conduct; at the time of application. This means that we will not be liable for any claims or dam- ages that would otherwise be covered. We may deny coverage for an accident or loss if you or a person seeking coverage has knowingly concealed or misrepresented any material fact or circumstance, or en- gaged in fraudulent conduct, at the time of application, at any time during the policy period, or in connection with the presentation or settlement of a claim. PAYMENT OF PREMIUM AND FEES If your initial premium payment is by check, draft, electronic funds transfer, or simi- lar form of remittance, coverage under this policy is conditioned on payment to us by the financial institution. If the financial institution upon presentment does not honor the check, draft, electronic funds transfer, or similar form of remittance, this policy may, at our option, be deemed void from its inception. This means we will not be liable under this policy for any claims or damages that would otherwise be covered if the check, draft, electronic funds transfer, or similar form of remittance had been honored by the financial institution. Any action by us to present the remittance for payment more than once shall not affect our right to void this policy. In addition to premium, fees may be charged on your policy. We may charge fees for installment payments, late payments, and other transactions. Payments made on your policy will be applied first to fees, then to premium due. CANCELLATION You may cancel this policy during the policy period by calling or writing us and stating the future date you wish the cancellation to be effective. We may cancel this policy during the policy period by mailing a notice of cancellation to the named insured shown on the declarations page at the last known address ap- pearing in our records. We will give at least 15 days notice of cancellation if: 1. we cancel during the first 59 days of the initial policy period; or 2. the policy is cancelled for nonpayment of premium. 27 We will give at least 60 days notice of cancellation in all other cases. We may cancel this policy for any reason if the notice is mailed within the first 59 days of the initial policy period. After this policy is in effect for more than 59 days, or if this is a renewal or continuation policy, we may cancel only for one or more of the following reasons: 1. nonpayment of premium; 2. material misrepresentation or fraud by you with respect to any material fact in the procurement or renewal of this policy; 3. loss of driving privileges through suspension or revocation of an operator's license or motor vehicle registration issued to the named insured; 4. your place of residence or the state of registration or license of a covered auto is changed to a state or country in which we do not accept applications for the insur- ance provided by this policy; 5. we have agreed to issue a new policy within the same or an affiliated company; or 6. any other reason permitted by law. Proof of mailing will be sufficient proof of notice. If this policy is cancelled, coverage will not be provided as of the effective date and time shown in the notice of cancellation. For purposes of cancellation, this policy is neither severable nor divisible. Any cancel- lation will be effective for all coverages for all persons and all vehicles. CANCELLATION REFUND Upon cancellation, you may be entitled to a premium refund. However, our making or offering of a refund is not a condition of cancellation. If this policy is cancelled, any refund due will be computed on a daily pro rata basis. However, we will retain a cancellation fee if this policy is cancelled at your request or if cancellation is for nonpayment of premium. A cancellation fee will be charged only during the initial policy period. NONRENEWAL If neither we nor one of our affiliates offers to renew or continue this policy, we will mail notice of nonrenewal to the named insured shown on the declarations page at the last known address appearing in our records. Proof of mailing will be sufficient proof of notice. If nonrenewal is due to nonpayment of premium or loss of driving privileges through suspension or revocation of the named insured's operator's license or motor vehicle registration, notice will be mailed at least 15 days before the end of the policy period. If nonrenewal is due to any other reason, notice will be mailed at least 60 days before the end of the policy period. 28 AUTOMATIC TERMINATION If we or an affiliate offers to renew or continue this policy and you or your represen- tative does not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due will mean that you have not accepted our offer. If a covered auto is sold or transferred to someone other than you or a relative, any insurance provided by this policy will terminate as to that covered auto on the effec- tive date of the sale or transfer. LEGAL ACTION AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. Any action brought against us pursuant to coverage under Part III - Uninsured/Under- insured Motorist Coverage must be brought in the county in which the person seeking benefits resides, or in the United States District Court serving that county. We may not be sued for payment under Part I - Liability To Others until the obligation of an insured person under Part I to pay is finally determined either by judgment after trial against that person or by written agreement of the insured person, the claimant, and us. No one will have any right to make us a party to a lawsuit to determine the li- ability of an insured person. If we retain salvage, we have no duty to preserve or otherwise retain the salvage for any purpose, including evidence for any civil or criminal proceeding. OUR RIGHTS TO RECOVER PAYMENT We are entitled to the rights of recovery that the insured person to whom payment was made has against another, to the extent of our payment. That insured person may be required to sign documents related to the recovery and must do whatever else we re- quire to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those rights. When an insured person has been paid by us and also recovers from another, the amount recovered will be held by the insured person in trust for us and reimbursed to us to the extent of our payment. However, this shall not apply to amounts paid by us under Part II - First Parry Benefits Coverage unless the payments are subject to the Workers' Compensation Act. If we are not reimbursed, we may pursue recovery of that amount directly against that insured person. If an insured person recovers from another without our written consent, the insured person's right to payment under any affected coverage will no longer exist. 29 If we elect to exercise our rights of recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy unless we are specifically instructed by that person not to pursue the deductible. We have no obliga- tion to pursue recovery against another for any loss not covered by this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery. If the total recovery is less than the total of our payment and the deductible, we will reduce reimbursement of the deductible based on the proportion that the actual re- covery bears to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by a proportionate share of collection expenses and attorney fees incurred in connection with these recovery efforts. These provisions will be applied in accordance with state law. JOINT AND INDIVIDUAL INTERESTS If there is more than one named insured on this policy, any named insured may can- cel or change this policy. The action of one named insured will be binding on all per- sons provided coverage under this policy. Any rejection of coverage available under Part 111 - Uninsured /Underinsured Motorist Coverage should be made by the first named insured. BANKRUPTCY The bankruptcy or insolvency of an insured person will not relieve us of any obliga- tions under this policy. 30 PAOGNEJJ /UE' JACK PANAS !NS �Q/�Os�C�r'� /�® PO BOX 677 DILLSBURG, PA 17019 OR /�E'Jnsurance Policy Number: 26346866 -2 Underwritten by: Progressive Specialty Insurance Co October 29, 2013 JOAN H BARRETT 54 WARRINGTON ST Policy Period: Oct 17, 2013 -Apr 17, 2014 WELLSMLLE, PA 17365 Pagel of 3 1 717 - 432 - 5595 JACK PANAS INS Contact your agent for personalized service. progressiveagent.com Auto Insurance Online Service Coverage Summary Make payments, check billing activity, update policy information or check status of a claim. This is your Declarations Page 1- 800 -274 -4499 To report a claim. Your coverage has changed Your coverage began on October 17, 2013 at 12:01 a.m. This policy expires on April 17, 2014 at 12:01 a.m. This coverage summary replaces your prior one. Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy limits shown for a vehicle may not be combined with the limits for the same coverage on another vehicle unless the policy contract or endorsements indicate otherwise. The policy contract is form 9610A PA (05/06). The contract is modified by forms Z445 PA (03/07), Z538 (10/08), 2763 PA (05/09) and 4884 (10/08). COLLISION COVERAGE FOR RENTAL VEHICLES IF THIS POLICY PROVIDES COLLISION COVERAGE, IT WILL APPLY TO VEHICLES YOU RENT, BUT NOT TO VEHICLES RENTED FOR 6 MONTHS OR MORE. FRAUD NOTICE Any person who knowingly and with intent to defraud any insurance company or other person files an application for. insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fad material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Policy changes effective October 17, 2013 ............................................................................................................................................. ............................... Premium change: $121.00 .............................................................................................................................................. ............................... Changes: Coverage has been changed on your policy. Underwriting Company Progressive Specialty Insurance Co P.O. Box 6807 Cleveland , OH 44101 1- 800 - 876 -5581 Drivers and household residents Additional information ............................................................................................................................................... ............................... JOAN H BARRETT First Named Insured Form 6489 PA (17110) Cnmimied Policy Number: 26346866 -2 JOAN H BARRETT Paget of 3 Outline of coverage 2001 Ford Taurus VIN 1FAFP58251A246620 Primary use of the vehicle: Business L mits Deductible Premium ...................................................................................................................................... ............................... Lia bility ..To .. Others .. $1,150 Bodily Injury and Property Damage Liability $500,000 combined single limit each accident ........................................................................................................ ............................... ............................ First Parry Benefits 184 Medical Expenses $10,000 each person .......................................................................................................................................... ............................... funer .. al Benefit $2,500 each person 2 Accidental Death $5,000 ... ............ ....................................................... ............................... Uninsured Motorist - Stacked $500,000 combined single limit each accident 24 ................................................. . ...... .................. . ..........e lim " it ..... a .. cc .. id ..... nt .............. ............................... Underinsu .. Motorist Stacked .. $500 .... com bined ... sing l e 115 .......... Comprehensive Actual Cash Value $500 120 .. ........................... ............................... ................................ ............................... Cdlision Actual Cash Value $500 598 Rental Reimbursement u to $40 each da !maximum 30 da s 65 Roadside Assistance 9 Total premium for 2001 Ford (business use/commute surcharge) $2.271 2002 Subaru Legacy Outback VIN 4S3BH686327603788 Primary use of the vehicle: Commute Limits Deductible Pr e Liability To Others $1,049 Bodily Injury and Property Damage Li ability $500, combined ch ad ..... 6 ... ............................ 000 .............. single .........limit . .......ea....cd 158 .......... .......... ............,............... Fir st Party Benefits Medical Expenses $10,000 each person ............................................................................................................................................... ............................... Funeral Benefit $2,500 each person 2 ...................................... ............................. .. Accidental Death _ $5,000 Uninsured Motorist - Stacked $500,000 combined single limit each accident 23 6 .. ........ Unde'.rinsure. .d Motorist - Stacked $500,000 combined sin 9 le limit each acddent 109 Total premium for 2002 Subaru $ 1,345 .............. ............. ........ .............,.....,................,..................,..,.............................. ........................,...... Total 6 month policy premium $3,616.00 Premium discounts Policy ............................................................................................. ............................... ........ ............................... ........... 26346866 -2 Continuous Insurance: Gold and Multi -Car Vehicle 2001 Ford Anti Theft Device and Airba Taurus 2002 Subaru Airbag Legacy Outback Lienholder information We send certain notices such as coverage summaries and cancellation notices to the following: Vehicle Lienholder .... .. ................................................................... I .................. I ........ ,........................................ ............................... 2001 Ford Taurus JOAN BARRETT MAHONEY 1FAFP58251A246620 WELLSVILLE, PA 17365 Form 6489 PA (12/10) continued Policy Number: 26346866 -2 JOAN H BARRETT Page3 of 3 Additional interest information We send certain notices such as coverage summaries and cancellation notices to the following: .............................................................................................................................................. ............................... Additional Interest: JOAN BARRETT- MAHONEY 54 WARRINGTON WELLSVILLE, PA 17365 ....................................................................................................................................... ............................... Additional Interest: JOAN BARRETT MAHONEY 54 WARRINGTON ST WELLSVILLE, PA 17365 Tort Option This policy provides limited tort insurance. Information Regarding Your Premium A surcharge of $238.00 due to violations or accidents is included in the total policy premium. Company officers President Secretary Form 6489 PA (1210) ��,e�� AFFIDAVIT OF NON - PERMISSIVE USE COMMONWEALTH OF PENNSYLVANIA I, '� ��I� �/'� , residing at the following address: r being duly sworn according to law, depose and states: 1. That my vehicl T 'a CX�J Year Make Model VIN % was driven without my permission on ' �° W 4 date of accident in the area of /!i �?c9i J ��j� Ar accident location 2. That said vehicle was driven by and involved in an accident. 3. That this Affidavit is the basis of confirming non- permissive use of my above captioned vehicle. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person 'minal and civil enalties. Signature Parent of Guardian {if minor} Sworn to a bscribed before me this ! day of Nota u is dotarla! seal William H. Wessels, Notary Public Carroll Twp., York County My Commiss: ,jn Ex res ring. 2R, 2015 MEMBER, KNNSYLVANM ASSOCIATION OF NOTARIES E HIBIT PROGRESSIVE CLAIMS 3950 SUIT HARTZDALE DRIVE PRI78RE.�M SUITE 150 17 JJ L CAMP HILL, PA 17011 Underwritten By: Progressive Specialty Insurance Company Claim Number. 13- 2355585 Loss Date: November 30, 2013 CALEB SPITZER Document Date: March 6, 2014 327 GLENDALE DRIVE Page 1 of 1 SHIREMANSTOWN, PA 17011 cla ims.prog ressive.com Track the status and details of your claim, e -mail your representative or report a new claim. Claim Information Dear Mr. Spitzer, I have been assigned to this claim, and there is potential coverage problem I wanted to make you aware of: -the operator of the vehicle did not have permission to use the insured vehicle involved in November 30, 2013 loss Because of this, the handling of this claim is being conducted under a Reservation of Rights. Unfortunately, this means that no action taken to date nor any action this company may take in the future to investigate, explore settlement or defend a lawsuit arising out of the above captioned claim shall be deemed to be an admission of coverage., If during the course of this investigation, any new information comes to light or any other coverage issues arise, Progressive Specialty Insurance, expressly reserves all rights of denial under this policy and in no way waives any of your rights. Please do not hesitate to contact me if you have any questions. LISA YERGER Claims Department . 1 -717 -730 -1593 1- 800 - PROGRESSIVE (1- 800 - 776 -4737) Fax: 1 -717- 730 -1409 Form 2587 XX (07/08) - PA EXHIBIT PROGRESSIVE CLAIMS 3950 HARIZDALE DRIVE SUITE 150 CAMP HILL, PA 17011 Underwritten By: Progressive Specialty Insurance Company aaim Number: 13- 2355585 Loss Date: November 30, 2013 JOAN H BARRETT Document Date: December 12, 2013 54 WARRINGTON ST Page 1 of 1 WELLSVILLE, PA 17365 clai ms.progressive.com Track the status and details of your claim, e -mail your representative or report a new claim. Claim Information Dear Ms. Barrett, have been assigned to this Claim, and there is potential Coverage problem l wanted to make you aware of: It appears that the operator of the vehicle listed on the above policy did not have permission to use the vehicle. Because of this, the handling of this Claim is being conducted under a Reservation of Rights. Unfortunately, this means that no action taken to date nor any action this company may take in the future to investigate, explore settlement or defend a lawsuit arising out of the above Captioned claim shall be deemed to be an admission of coverage. If during the course of this investigation, any new information comes to light or any other coverage issues arise, expressly reserves all rights of denial under this policy and in no way waives any of your rights. Please do not hesitate contacting me if you have any questions and thank you in advance for your cooperation LISAYERGER , Claims Department 1 -717- 730 -1593 1- 800 - PROGRESSIVE (1- 800 -776 -4737) Fax: 1-717-730-1409 Form 2587 XX (01/08) - PA ` PR99REWYE 5473 YzIlage Common Dr,Ste 207 Erie, PA 16506 -4961 March 07, 2014 Kaitlyn Anderson 304 Nebinger Street Lewisberry, PA 17339 Policyholder: Barrett, Joan H Our Claim #: 132355585 Date Of Loss: 11/30/2013 Underwritten By: Progressive Specialty Insurance Dear Ms. Anderson: This letter is to notify you that there is a pending coverage investigation regarding this claim. Unfortunately, until this coverage investigation is concluded, Progressive Specialty Insurance will be unable to make any payments under this policy. Upon completion of my investigation, I will notify you by phone and in writing regarding the decision to afford or deny coverage. It is my goal to resolve this investigation in a timely manner. I appreciate your patience and understanding. If you have any additional questions, please do not hesitate to contact me. Sincerely, Robin Tufts Tel: 814 - 651 -9631 Claims Representative RAK /eo ' PR99REWYE� 5473 Tillage Common Dr,S4e 207 Erle , PA 165064961 March 07, 2014 Elizabeth Turner 4284 S. Carolina Dr Harrisburg, PA 17112 Policyholder: Barrett, Joan H Our Claim #: 132355585 Date Of Loss: 11/30/2013 Underwritten By: Progressive Specialty Insurance Dear Ms. Turner: This letter is to notify you that there is a pending coverage investigation regarding this claim. Unfortunately, until this coverage investigation is concluded, Progressive Specialty Insurance will be unable to make any payments under this policy. Upon completion of my investigation, I will notify you by phone and in writing regarding the decision to afford or deny coverage. It is my goal to resolve this investigation in a timely manner. I appreciate your patience and understanding. If you have any additional questions, please do not hesitate to contact me. Sincerely, Robin Tufts Tel: 814651 -9631 Claims Representative RAK/eo • 1 PR96RE1-f1UE 5473 Vllage Comm Dr Ste 207 Die , PA 16506 1961 March 07, 2014 Cyle Starner - Moore 1550 Williams Grove Rd Mechanicsburg, PA 17055 Policyholder: Barrett, Joan H Our Claim #: 132355585 Date Of Loss: 11/30/2013 Underwritten By: Progressive Specialty Insurance Dear Ms. Starner - Moore: This letter is to notify you that there is a pending coverage investigation regarding this claim. Unfortunately, until this coverage investigation is concluded, Progressive Specialty Insurance will be unable to MA ke any payments under this policy. Upon completion of my investigation, I will notify you by phone and in writing regarding the decision to afford or deny coverage. It is my goal to resolve this investigation in a timely manner. I appreciate your patience and understanding. If you have any additional questions, please do not hesitate to contact me. Sincerely, Robin Tufts Tel: 814 -651 -9631 Claims Representative RAK /eo 1 3950 Harhdale Dr,Ste 100 Camp Hill, P,1 17011 -7818 December 20, 2013 Costopoulos, Foster & Fields Attn: David Foster 831 Market Street Lemoyne, Pa 17043 -0222 Policyholder: Barrett, Joan H Our Claim #: 132355585 Date Of Loss: 11/30/2013 Underwritten By: Progressive Specialty Insurance Dear Mr. Foster, This letter is to notify you and your client that there is a pending coverage investigation regarding the above captioned loss. Until this coverage investigation is concluded, Progressive will be unable to make any payments under policy 26346866 -2. If your client has any information that she believes could help us with the coverage investigation, please contact us at your earliest convenience and we will follow up on this information immediately. Upon completion of our investigation, you will be notified in writing regarding our decision to afford or deny coverage. In the meantime, should you have any questions, please feel free to contact me at 717 -730 -1593. Thank you for your attention to this correspondence. Sincerely, Lisa Yerger Tel: 717- 730 -1593 Claims Representative LJK/ly 14-007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS Tit C) 2011/ 1 0 Pt/ 1: 4 PEVISYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Caleb Spitzer and Nationwide Insurance Company. Date: April 9, 2014 Respectfully submitted FICE DER & DORER Donald R. Dorer, Esquire Attorney for Defendants, Caleb Spitzer and Nationwide Insurance Company Court I.D. No. 39126 14-007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants, Caleb Spitzer and Nationwide Insurance Company herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Randy T. Burch, Esquire - Forty Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Attorney for Plaintiff Date: April 9, 2014 and Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 and Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisberry, PA 17339 and Samantha Margo 178 North Harrisburg Street Oberlin, PA 17113 and Elizabeth Turner 4289 South Carolina Drive Harrisburg, PA 17112 and Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 1 I55 Donald R. Dorer, Esquire Attorney for Defendants, Caleb Spitzer and Nationwide Insurance Company Court I.D. No. 39126 14- 007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731 -0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER - MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS L, ';LLD- WFICE THE E P O THONG 1At 2014 APR 16 All 18: 57 etilstEERLAN5 C U TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14 -1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANTS, CALEB SPITZER AND NATIONWIDE INSURANCE COMPANY, TO ACTION FOR DECLARATORY JUDGMENT AND NOW, come the Defendants, Caleb Spitzer and Nationwide Insurance Company, by their attorney, Donald R. Dorer, Esquire and sets forth the following Answer to Action for Declaratory Judgment: 1. Admitted. 2. Admitted. 3. Paragraph 3 is directed to another Defendant as to which no response is required from answering Defendant. 4. Paragraph 4 is directed to another Defendant as to which no response is required from answering Defendant. 5. Paragraph 5 is directed to another Defendant as to which no response is required from answering Defendant. 6. Paragraph 6 is directed to another Defendant as to which no response is required from answering Defendant. 7. Paragraph 7 is directed to another Defendant as to which no response is required from answering Defendant. 8. Admitted. 9. Admitted as stated. 10. Admitted in part, denied in part. It is admitted only that, on or about November 30, 2013, Defendant Caleb Spitzer was operating a 2001 Ford Taurus owned by Defendant, Joan H. Barrett, when involved in an accident on McCormick Road, Upper Allen Township, Cumberland County, PA as alleged. By way of further statement, however, it is specifically denied that Defendant, Caleb Spitzer, was operating said vehicle without the permission of Defendant, Joan H. Spitzer. 11. Admitted in part, denied in part. It is admitted only that Defendants, Samantha Magaro, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner - Moore, were passengers in said vehicle at the time of the accident. By way of further statement, the answer to paragraph 10 is incorporated by reference as if more fully set forth herein. 12. Admitted as stated. 13. Admitted as stated. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18 -19. Denied. It is specifically denied that, at all times material hereto, Defendant, Caleb Spitzer did not have the permission of Defendant, Joan H. Barrett to operate said vehicle. 20. Admitted only to the extent that the cited policy provision so states. 21. -22. Denied. These paragraphs set forth conclusions of law as to which no response is required from answering Defendants. Should any allegations therein be deemed factual in nature, any such allegations are specifically denied. By way of further statement, the responses to paragraphs 10, 18 and 19 are incorporated by reference as if more fully set forth herein. 23. Admitted as stated. By way of further statement, the responses to paragraphs 10, 18 and 19 are incorporated by reference as if more fully set forth herein. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted. 28. The allegations in paragraph 28 of the Action for Declaratory Judgment are conclusions of law to which no response is required. Should any allegations therein be deemed factual in nature, any such allegations are specifically denied. By way of further statement, the responses to paragraphs 10, 18 and 19 are incorporated by reference as if more fully set forth herein. WHEREFORE, Defendants, Caleb Spitzer and Nationwide Insurance Company, respectfully request your Honorable Court to dismiss the Action for Declaratory Judgment with prejudice. Date: April 15, 2014 Respectfully submitted, /OFFICE 0 SNYDER & DORER r "W.-squire Attorney for Defendants, Caleb Spitzer and Nationwide Insurance Company Court I.D. No. 39126 14- 007815 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 800 Camp Hill, PA 17011 Telephone Number: (717) 731 -0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER - MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14 -1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Heather Kiley, a Representative of Nationwide insurance Company, verify that the statements made in the foregoing Answer to Action for Declaratory Judgment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa. C.SA. §4904, relating to unswom falsification to authorities. Dated: 'f114114 eather Ke ey, Clai j epresentative of Nationwide nsurance ompany 14- 007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731 -0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER - MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14 -1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants, Caleb Spitzer and Nationwide Insurance Company herein, and that he caused a true and correct copy of the attached Answer to Action for Declaratory Judgment to be served by regular first class mail upon: Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Attorney for Plaintiff Date: April 15, 2014 and Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 and Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisberry, PA 17339 and Samantha Margo 178 North Harrisburg Street Oberlin, PA 17113 and Elizabeth Turner 4289 South Carolina Drive Harrisburg, PA 17112 and Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 onald R. Porer, Esquire Attorney for Defendants, Caleb Spitzer and Nationwide Insurance Company Court I.D. No. 39126 4 le • 14-007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS .4)-1_1172PIC: THONO TA '; 2014 4PR 22 41111: 39 1.11113ERLANDCUN ')/ PENNS (VA N1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the Verification of Defendant, Caleb Spitzer, to the Answer to Action for Declaratory Judgment that had been filed with the Court on or about April 16, 2014. Date: April 21, 2014 Respectfully submitted, FFIC Donald R. Dorer, Esquire Attorney for Defendants, Caleb Spitzer and Nationwide Insurance Company Court I.D. No. 39126 14- 007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731 -0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER - MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14 -1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Caleb Spitzer verify that the statements made in the foregoing Answer to Action for Declaratory Judgment which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: LI/17 /Icf C2A-4/ Caleb Spitzer 14- 007615 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731 -0988 Attorneys for Defendants, Caleb Spitzer and Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, PLAINTIFF VS. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER - MOORE, AND NATIONWIDE INSURANCE COMPANY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14 -1751 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants, Caleb Spitzer and Nationwide Insurance Company herein, and that he caused a true and correct copy of the attached Praecipe to Attach Verification to be served by regular first class mail upon: Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Attorney for Plaintiff Date: April 21, 2014 and Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 and Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisberry, PA 17339 and Samantha Margo 178 North Harrisburg Street Oberlin, PA 17113 and Elizabeth Turner 4289 South Carolina Drive Harrisburg, PA 17112 and Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, P, 17055 nald R. Dorer, Esquire Attorney for Defendants, Caleb Spitzer and Nationwide Insurance Company Court I.D. No. 39126 Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 By: David J. Foster, Esquire Attorney I.D. 23151 Email: djonfoster @aol.com Attorney for Defendant Samantha Magaro PROGRESSIVE SPECIALTY INSURANCE COMPANY Plaintiff, v. CALEB SPITZER, JOAN H. BARRETT, : KAITLYN ANDERSON, SAMANTHA : MAGARO, ELIZABETH TURNER, CYLE STERNER - MOORE, and NATIONWIDE INSURANCE COMPANY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO.: 14 -1751 CIVIL ANSWER OF DEFENDANT SAMANTHA MAGARO 1. Admitted. 2. Admitted. 111 -t, z =a 3. Admitted. > "' 4. Admitted. a=o 5. Admitted. --t 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted that on or about November 30, 2013, Defendant Caleb Spitzer was driving Barrett's 2001 Ford Taurus when it was involved in a motor vehicle accident C) on McCormick Road, Cumberland County, Upper Allen Township, Pennsylvania. Defendant, after reasonable investigation, is without sufficient knowledge or information in order to respond to the remaining allegations of this paragraph and as such they are denied, and proof thereof is demanded. 11. Admitted that on November 30, 2013, Defendants Samantha Magaro, Kaitlyn Anderson, Elizabeth Turner and Cy le Starner-Moore were riding in Barrett's 2001 Ford Taurus that was being driven by Defendant Caleb Spitzer. After reasonable investigation, Defendant is without sufficient knowledge or information in order to respond to the remaining allegations of this paragraph and as such they are denied, and proof thereof is demanded. 12. Admitted that Defendant Samantha Magaro is claiming that she has sustained personal injuries as a result of the accident. 13. Admitted that Defendant Samantha Magaro has filed a claim for her personal injuries against the liability provisions of the Plaintiff Progressive Specialty Insurance Company's automobile policy issued to Joan H. Barrett and in effect at the time of this accident on November 30, 2013. 14. Defendant Magaro believes that Defendant Caleb Spitzer was insured under an automobile insurance policy issued by Defendant Nationwide Insurance Company, but does not have sufficient knowledge or belief as to whether or not he is being afforded a defense and coverage under the liability provisions of that policy. 15. Admitted that Defendant Magaro has made a claim for her personal injuries suffered in this accident against the liability provisions of Defendant Nationwide Insurance Company automobile policy under which Defendant Caleb Spitzer is insured. -2- 16. Admitted. 17. Admitted. 18. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the averments of paragraph 18 and as such, they are denied and proof thereof is demanded. 19. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the averments of paragraph 19 and as such, they are denied and proof thereof is demanded. 20. Admitted to the extent that the policy so states. Beyond that to the remaining averments, no answer required as this is a conclusion of law and it is therefore deemed denied and proof thereof is demanded. 21. No answer required as this is a conclusion of law and it is therefore deemed denied and proof thereof is demanded. 22. No answer required as this is a conclusion of law and it is therefore deemed denied and proof thereof is demanded. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted. 28. Admitted that Plaintiff Progressive Specialty Insurance Company seeks a declaration that it owes no duty to defend or indemnify Defendant Caleb Spitzer for the claims arising out of this accident. However, it is denied that Progressive in fact has no -3- such duty. WHEREFORE, Defendant Samantha Magaro respectfully requests that the relief requested in this action be denied and that this Honorable Court declare that the Plaintiff Progressive Specialty Insurance Company does have a duty to defend and indemnify Defendant Caleb Spitzer for any claims or causes of action of Defendant Samantha Magaro. By: Dated: April 21, 2014. David J. Foster, squire Pa I.D. #23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: djonfoster(a�aol.com —Counsel for Plaintiff VERIFICATION I, Defendant, Samantha Magaro, verify that the statements made in this document are true and correct. I understand that false statements made in this document are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATED: y11911q BY: I) Samantha Magaro CERTIFICATE OF SERVICE I, Tiffany M. Lenda, legal assistant for the law offices of Costopoulos, Foster & Fields, do hereby certify on this 21st day of APRIL, 2014 a true and correct copy of the foregoing ANSWER OF DEFENDANT SAMANTHA MAGARO was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre -Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and /or number(s): Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Counsel for Plaintiff Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Counsel for Defendants Caleb Spitzer and Nationwide Insurance Company Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisberry, PA 17339 Elizabeth Turner 4289 South Carolina Drive Harrisburg, PA 17112 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 BY: COSTOPOULOS, FOSTER & FIELDS SHERIFF'S OFFICE OF CUMBERLAND COUNTY,�L. Ronny RAnderson THIr Sheriff � � 1, � � 2014 MAY -2 PM 1131: 06 Jody S Smith Chief Deputy CUMBEtiLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor Progressive Specialty Insurance Company Case Number vs. 2014-1751 Caleb Spitzer(et al.) SHERIFF'S RETURN OF SERVICE 03/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kaitlyn Anderson, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 03/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joan H Barrett, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 03/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nationwide Insurance Company, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 03/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Samantha Margo, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 03/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elizabeth Turner, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 03/27/2014 11:50 AM - Deputy Stephen Bender, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Caleb Spitzer at 327 Glendale Drive, Lower Allen, Shiremanstown, PA 17011. STEPHEN ENDER, DEPUTY 03/28/2014 01:36 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Loretta Moore, Mother, who accepted as"Adult Person in Charge"for Clye Sterner-Moore at 1550 Williams Grove Road, Lot 140, Monroe Township, Mechanicsburg, PA 17055. A IE DIM R EPUTY 03/31/2014 02:41 PM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Kathy Schlegel,who accepted for Nationwide Insurance Company, at 1000 Nationwide Drive, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 04/01/2014 02:54 PM-The requested Complaint& Notice served by the Sheriff of Dauphin County upon Elizabeth Turner, daughter of defendant, who accepted for Elizabeth Turner, at 4289 S.Carolina Drive, Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 04/02/2014 03:50 PM -The requested Complaint&Notice served by the Sheriff of York County upon Christopher Mahoney, Uncle of defendant, who accepted for Joan H Barrett, at 54 Warrington Street, Wellsville, PA 17365. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 04/03/2014 02:30 PM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Samantha Margo, personally, at 178 N. Harrisburg Street, Oberlin, PA 17113. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 04/04/2014 06:49 PM -The requested Complaint& Notice served by the Sheriff of York County upon Kaitlyn Anderson, personally, at 304 Nebinger Street, Lewisberry, PA 17339. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $170.25 SO ANSWERS, April 28, 2014 RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ES Sheriff Solici ssYTT" Michael S. Hose Richard E Rice Chief Deputy, Operations Chief Deputy, Administrat PROGRESSIVE SPECIALTY INSURANCE COMPANY Case Number vs. CALEB SPITZER ETAL(et al.) 14-1751 CIVIL SHERIFF'S RETURN OF SERVICE 04/02/2014 03:50 PM - DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE CHRISTOPHER MAHONEY, UNCLE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR JOAN H. BARRETTAT 54 WARRINGTON STREET, WELLSVILLE, PA 17365. C CKAR DEPUTY 04/04/2014 06:49 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: KAITLYN ANDERSON AT 304 NEBINGER STREET, LEWISBERRY, PA 17339. O D STA L, DEPUTY SHERIFF COST: $92.04 OAN "ERS,April 23, 20 14 ICH R , SHERIFF COMMONWEALTH OF PENNSYLVAN% Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this 23RD day of APRIL 2014 Shelley Ruhl Jack D�upgnan Real Estale Deputy ! . Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PROGRESSIVE SPECIALTY INSURANCE COMPANY VS County of Dauphin NATIONWIDE INSURANCE COMPANY Sheriff s Return No. 2014-T-1100 OTHER COUNTY NO. 2014-1751 And now: MARCH 31, 2014 at 2:41:00 PM served the within ACTION FOR DECLARATORY JUDGEMENT upon NATIONWIDE INSURANCE COMPANY by personally handing to KATHY SCHLEGEL * 1 true attested copy of the original ACTION FOR DECLARATORY JUDGEMENT and making known to him/her the contents thereof at 1000 NATIONWIDE DRIVE HARRISBURG PA 17110 * RECEPTIONIST Sworn and subscribed to So Answers, before me this 4TH day of April, 2014 Sheriff of Co By COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen H Hoffman,Notary Public Sheriffs Costs: $87.75 3/31/2014 City of Harrisburg,Dauphin County My Commission Expires January 8,2018 . r 41 Shellev Ruhl Jack Duignan Real Estate Deputy v`° Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PROGRESSIVE SPECIALTY INSURANCE COMPANY VS County of Dauphin NATIONWIDE INSURANCE COMPANY Sheriff s Return No. 2014-T-1100 OTHER COUNTY NO. 2014-1751 And now: APRIL 3, 2014 at 2:30:00 PM served the within ACTION FOR DECLARATORY JUDGEMENT upon SAMANTHA MARGO by personally handing to SAMANTHA MARGO 1 true attested copy of the original ACTION FOR DECLARATORY JUDGEMENT and making known to him/her the contents thereof at 178 NORTH HARRISBURG STREET OBERLIN PA 17113 Sworn and subscribed to So Answers, ! before me this 4TH day of April, 2014 Sherif of Dauphin County Pa. By COMMONWEALTH OF PENNSYLVANIA Depu Sheriff NOTARIAL SEAL Deputy: JESSICA KARL Karen Hoffman,Notary Public Sheriffs Costs: $87.75 3/31/2014 City of Harrisburg,Harrisburg,Dauphin County My Commission Expires January 8,2018 (pj.fixt �&Ijcr-f Shelley Ruhl Jack Duignan Real Estate Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PROGRESSIVE SPECIALTY INSURANCE COMPANY VS County of Dauphin NATIONWIDE INSURANCE COMPANY Sheriff s Return No. 2014-T-1100 OTHER COUNTY NO. 2014-1751 And now: APRIL 1, 2014 at 2:54:00 PM served the within ACTION FOR DECLARATORY JUDGEMENT upon ELIZABETH TURNER by personally handing to ELIZABETH TURNER * I true attested copy of the original ACTION FOR DECLARATORY JUDGEMENT and making known to him/her the contents thereof at 4289 SOUTH CAROLINA DRIVE HARRISBURG PA 17112 * DAUGHTER OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to So Answers, before me this 4TH day of April, 2014 ��°'� 1 Sheriff of C a. By COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public Sheriffs Costs: $87.75 3/31/2014 City of Harrisburg,Dauphin County My Commission Expires January 8,2018 PROGRESSIVE SPECIALITY INSURANCE COMPANY Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 14-1751 CIVIL : CIVIL ACTION – LAW CALEB SPITZER, JOANH. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYCLE STERNER-MOORE and NATIONWIDE INSURANCE COMPANY : Defendant PRAECIPE To the Prothonotary: C=D rn _ r== CD CD r, f } Please enter my appearance on behalf of the defendant, Joan H. Barrett, in the above captioned action. cc: Respectfully submitted, ANDREWS & Taylor P • .-rews, Esquire 78 We ' .mfret Street Carlisle, PA 17013 (717) 243-0123 Randy T. Burch, Esquire - Atty for Plaintiff – Progressive Donald Dorer, Esquire - Atty for Defendant – Nationwide and Atty for Defendant – Caleb Spitzer David J. Foster, Esquire -- Ally for Defendant Samantha Margo Kaitlyn Anderson, pro se Elizabeth Turner, pro se Cycle Sterner -Moore, pro se Adam G. Reedy, Esquire Attorney #206214 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 reedv@hhrlaw.com 717-238-2000 THE `rJ,l. I HE PROTHQNJ (i1ii 2JRMAY --9 PM 12:11 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant, Elizabeth Turner PROGRESSIVE SPECIALTY INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and; NATIONWIDE INSURANCE COMPANY, Defendants : • : NO.: 14-1751 CIVIL matter. ENTRY OF APPEARNCE Please enter my appearance on behalf of Elizabeth Turner, in the above referenced Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Adam G. Reedy, Esquir Supreme Court ID# '6214 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 717-238-2000 reedy@hhrlaw.com Adam G. Reedy, Esquire Attorney #206214 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 reedv@hhrlaw.com 717-238-2000 Attorney for Defendant, Elizabeth Turner PROGRESSIVE SPECIALTY INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • • : NO.: 14-1751 CIVIL CALEB SPITZER, JOAN H. BARRETT, KAITLYN • ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and; NATIONWIDE INSURANCE COMPANY, Defendants : CERTIFICATE OF SERVICE On the 6th day of May, 2014, I hereby certify that a true and correct copy of an Entry of Appearance on behalf of Elizabeth Turner was served upon the following by depositing in U.S. Mail: Randy T. Burch, Esq. Forry/Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 HANDLER, HENNING & ROSENBERG, LLP Adam G. Reedy, Esquire ID#206214 : L ED -OFFICE. ur THE PROTHONOTARY 2014 MAY -9 PM 12:.i CUMBERLAND COUNTY PENNSYLVANIA Adam G. Reedy, Esquire Attorney #206214 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 reedy@hhrlaw.com 717-238-2000 Attorney for Defendant, Elizabeth Turner PROGRESSIVE SPECIALTY INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • • NO.: 14-1751 CIVIL CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH • TURNER, CYLE STERNER-MOORE, and; • NATIONWIDE INSURANCE COMPANY, Defendants ANSWER TO ACTION FOR DECLARATORY JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. It is specifically denied that Defendant, Caleb Spitzer was driving Barrett's 2001 Ford Taurus without her permission and/or knowledge when he was involved in a single motor vehicle accident on November 30, 2013. 11. Admitted in part. Denied in part. It is admitted that Defendant, Samantha Margo, Kaitlyn Anderson, Elizabeth Turner and Cyle Starner -Moore were riding in Barrett's 2001 Ford Taurus on the date of November 30, 2013. It is specifically denied that they were doing so without Barrett's permission and/or knowledge when the accident occurred. 12. Admitted in part. Denied in part. It is admitted that my client, Elizabeth Turner, is claiming personal injuries as a result of the subject accident. It is unknown to this Answering Defendant whether or not the other members of the vehicle are claiming personal injuries. 13. Admitted in part. Denied in part. It is admitted that Elizabeth Turner has made a claim for personal injuries in the subject accident. It is unknown to this Answering Defendant whether or not the remaining named Defendants are making claims for personal injuries sustained in the subject accident on November 30, 2013. 14. Answering Defendant does not have sufficient information to either admit or deny the allegation in this paragraph. 15. It is admitted that Defendant, Elizabeth Turner, is making a claim against Defendant, Caleb Spitzer, for personal injuries sustained. Answering Defendant does not have sufficient information to admit or deny the remaining portions of this allegation. 16. Denied. Strict proof demanded. 2 17. Denied. Strict proof demanded. 18. Denied. Strict proof demanded. 19. Denied. Strict proof demanded. 20. Denied. Strict proof demanded. By way of further answer, this is a conclusion of law to which no response is required. 21. Denied. By way of further answer, this is a conclusion of law to which no answer is required. 22. Denied. It is specifically denied that Plaintiff, Progressive Specialty Insurance Company has no duty to defend or indemnify Defendant, Caleb Spitzer. 23. It is admitted that Plaintiff, Progressive Specialty Insurance Company has claimed that there is a coverage issue in this case. It is specifically denied that, that coverage issue is a legitimate one and strict proof is demanded thereof. 24. It is admitted that Elizabeth Turner has received notice of the present Declaratory Judgment Action. 25. Admitted. 26. Admitted. 27. Admitted. 28. Admitted in part. Denied in part. It is admitted that Plaintiff, Progressive Specialty Insurance Company seeks a Declaration that it owes no duty to defend or indemnity Defendant, Caleb Spitzer. However, it is specifically denied that Progressive in fact has no such duty. 3 WHEREFORE, Defendant, Elizabeth Turner, respectfully requests this Honorable Court to enter judgment against Progressive Specialty Insurance Company. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Adam G. Reedy, Esquire Supreme Court ID#2$ 14 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 717-238-2000 spears@hhrlaw.com Adam G. Reedy, Esquire Attorney #206214 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 reedv(hhrlaw.com 717-238-2000 Attorney for Defendant, Elizabeth Turner PROGRESSIVE SPECIALTY INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • • : NO.: 14-1751 CIVIL CALEB SPITZER, JOAN H. BARRETT, KAITLYN • ANDERSON, SAMANTHA MARGO, ELIZABETH • TURNER, CYLE STERNER-MOORE, and; NATIONWIDE INSURANCE COMPANY, Defendants : CERTIFICATE OF SERVICE On the 6th day of May, 2014, I hereby certify that a true and correct copy of Defendant, Elizabeth Turner's Answer to Declaratory Judgment was served upon the following by depositing in U.S. Mail: Randy T. Burch, Esq. Forry/Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 HANDLER, HENNING & ROSENBERG, LLP Adam G. Reedy, Esq ID#206214 i FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 ''COO/IT; Attorney for Plaintiff,1 `glressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Plaintiff, being duly sworn according to law, deposes and says that I served a true and correct copy of Plaintiff's 10 -Day Notice by mailing the same via U.S. first class mail and Certified Mail/Return Receipt Requested, postage prepaid, upon Cyle Sterner -Moore at 1550 Williams Grove Road, Lot 140, Mechanicsburg, PA 17055 on May 12, 2014, as evidence by the attached copy of the date- stamped Certified Mail Receipt (No. 7003 1010 0003 1406-4507). Donald R. Dorer, Esquire Law Office of Synder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Adam G. Reedy, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated: May 12, 2014 By: FORRY ULLMAN RANDY T�. BURCH, ESQUIRE Attorneys for Plaintiff N D U) D r9 rn D r9 m N US:-Rtistal Service-. 7CERTIFIED MAILT;TIECEI PT— 7' (DomestioAlanOnly;Wo Insurance Coverage Provided) Tor:delivery information visit our website -at www.usps.comb Postage Certified Fee Return Redept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fe Sent To `S-teMek -4treet, Apt. 10a.; or PO Box No. u nArns eackyezco l.i5 City, State, ZIP+4 miLckAzo.cse,uu ?A ipos-;- .)‘.4 ,;RSIForm2800,.June2002' ,....14ee'ReverSelorInstructioos!r FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 QTf'':;: 201fI fir; Yf „ Pt N UUU'T NSYLF��,P�1� Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, • CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Plaintiff, being duly sworn according to law, deposes and says that I served a true and correct copy of Plaintiff's 10 - Day Notice by mailing the same via U.S. first class mail and Certified Mail/Return Receipt Requested, postage prepaid, upon Kaitlyn Anderson at 304 Nebinger Street, Lewisberry, PA 17339 on May 12, 2014, as evidence by the attached copy of the date-stamped Certified Mail Receipt (No. 7003 1010 0003 1406-4491). Donald R. Dorer, Esquire Law Office of Synder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Adam G. Reedy, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated: May 12, 2014 By: FORRY ULLMAN RANDY T. BURCH, ESQUIRE Attorneys for Plaintiff t 7003 1010 0003 1406 U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Po Certified Fee Return Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees C E A MOM 4,/ "a)t Sentr - °K/3yr ,pi,_.2.30K.) osrtrepoe'Boxt*Nr 304 CLURS ?F )r39 City, State, ZIP+4 PS Form .0800,june2002 SeeReverse for Instructions THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. 42834 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 pspeaker@tthlaw.com PIED -OFFICE OYF THE PROTHOWOTAi ' 2.614 JUL 30 PM 2: 39 CUMBERLAND COUNTY PENNSYLVANIA Attomeys for Defendant Nationwide Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff v. CALEB SPITZER; JOAN H. BARRETT; KAITLYN ANDERSON; SAMANTHA MAGARO; ELIZABETH TURNER; CYLE STERNER-MOORE; and NATIONWIDE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 14-1751 CIVIL JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO: PROTHONOTARY Please withdraw the appearance of the undersigned as 4 unset of record for Defendant Nationwide Insurance Company. onald R. Dorer, Esquire I.D. 39126 Snyder & Dorer 214 Senate Avenue Suite 600 Camp HiII, PA 17011 717-731-0988 ( Please enter the appearance of the undersigned as counsel of record for Defendant Nationwide Insurance Company. Date: 7-29-1(1 r J. Speaker, Esquire l 42834 Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7644 lc • CERTIFICATE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendant, Nationwide Insurance Company, hereby certify that a true and correct copy of the foregoing document placing a copy of same in the United Pennsylvania addressed as follows: Randy T. Burch, Esquire Forry Ullman P. O. Box 542 Reading, PA 19603 Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 David J. Foster, Esquire Costopoulos, Foster & Fields P. O. Box 222 Lemoyne, PA 17043 Date: 1533222.1 was sent to the following counsel of record by States mail, postage prepaid, at Harrisburg, Adam G. Reedy, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Kaitlyn Anderson 304 Nebinger Street P. O. Box 444 Lewisberry, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 TLO' AS, THOMAS & HAFER, LLP eter J. Speaker, Esquire I.D. 42834 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7644 pspeaker@tthlaw.com Adam G. Reedy Attorney ID# 206214 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown.Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Reedy@hhrlaw.com 7 ILEU-0-' FiC H. PROThONOTAR `, 2.014 AUG -4 PM 3: 1 6 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Progressive Specialty Insurance Company, Plaintiff, Plaintiff(s) v. Caleb Spitzer, Joan H. Barrett, Kaitlyn Anderson, Samantha Magaro, Elizabeth Turner, Cyle Sterner -Moore, and Nationwide Insurance Company, Defendants, Defendant(s) 14-1751 Civil Action - Law PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter my appearance on behalf of Defendant, Elizabeth Turner. Papers may be served at the address set forth below. By: Adam G. Reedy, Esq. ( • • 14) Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 717-238-2000 reedy@hhrlaw.com Adam G. Reedy Attorney ID# 206214 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Reedy@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Progressive Specialty Insurance Company, Plaintiff, Plaintiff(s) v. Caleb Spitzer, Joan H. Barrett, Kaitlyn Anderson, Samantha Magaro, Elizabeth Turner, Cyle Sterner -Moore, and Nationwide Insurance Company, Defendants, Defendant(s) 14-1751 Civil Action - Law CERTIFICATE OF SERVICE On, August 1, 2014, I hereby certify that a true and correct copy of a Praecipe for Entry of Appearance was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Randy T. Burch, Esq. Forry/Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Donald R. Dorer, Esq. Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 Dated: David J. Foster, Esq. Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Peter J. Speaker, Esq. Thomas, Thomas & Hafer 305 N Front St P 0 Box 999 Harrisburg, PA 17108-0999 Taylor P. Andrews, Esq. Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Kaitlyn Anderson 304 Nebinger Street PO Box 444 Lewisberry, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP Adam G. Reedy FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 OF THE Pf`OTHONO TA 2014 4UG 19 4N 11: Ou rUMB`RLA 0 PE sYLCOUr'Ty Attorney for Plaintit�gressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY, : Defendants : JURY OF 12 JURORS DEMANDED : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : DOCKET NO.: 14-1751 CIVIL PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter Judgment in the above captioned matter in favor of the Plaintiff, Progressive Specialty Insurance Company, and against Defendant, Cyle Sterner -Moore, for want of an answer. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the filing of this Praecipe. A copy of the notice is attached. FORRY ULLMAN BY: X-- -7 RAND T. BURCH, ESQUIRE Attorneys for Plaintiff Judgment is entered in favor of Plaintiff . : agai t the above named Def an answer. ant for want of glu a.uscig%Ay ott s, No 4\4' teci FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA . MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY, : Defendants : JURY OF 12 JURORS DEMANDED AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS SS RANDY T. BURCH, being duly sworn according to law, deposes and says that he is the agent for the Plaintiff above-named and is authorized to and does make this Affidavit on its behalf, and that he has knowledge of the facts set forth herein. That Defendant, Cyle Sterner -Moore, is over twenty-one years of age and is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 as amended. By: SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2014 NOTARY PUBLIC FORRY ULLMAN RANDY T. BURCH, ESQUIRE Attorneys for Plaintiff FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, • CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT I, Randy T. Burch, Esquire, attorney for Plaintiff, Progressive Specialty Insurance Company, does hereby certify that a Notice of Intent to Enter Default Judgment was mailed on May 12, 2014 to the Defendant listed below by certified mail, a copy of the Certified Mail Receipt and time -stamped Certificate of Service are attached hereto, made a part hereof, and marked as Exhibit A. Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated: 7/ 3 / j / 1 j By: FORRY ULLMAN RANDY T. BURCH, ESQUIRE Attorneys for Plaintiff FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 o 7.5 01 i-16 0 (-3 Attorney for Plaintiff, Pro e sive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Plaintiff, being duly sworn according to law, deposes and says that I served a true and correct copy of Plaintiff's 10 -Day Notice by mailing the same via U.S. first class mail and Certified Mail/Return Receipt Requested, postage prepaid, upon Cyle Sterner -Moore at 1550 Williams Grove Road, Lot 140, Mechanicsburg, PA 17055 on May 12, 2014, as evidence by the attached copy of the date- stamped Certified Mail Receipt (No. 7003 1010 0003 1406-4507). Donald R. Dorer, Esquire Law Office of Synder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Adam G. Reedy, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated: May 12, 2014 By: FORRY ULLMAN RANDY , BURCH, ESQUIRE Attorneys for Plaintiff 7003 1010 0003 1406 4507 WorM611 eryinfonrgtidntHfsiffuunwet Site envoi w usesmonw reflect Fee Return Realept Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sem r° C\1 Lt. -§"ri e( Apt. tra; Of PO Box No, `` PIyi cr katabil� Ply, State, ZIP+4 Wll,l..IPMS 3Qc0�.` Oar e"'uefseloi li `stiA czle FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : DOCKET NO.: 14-1751 CIVIL CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Plaintiff, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Praecipe for Judgment and Assessment of Damages by mailing the same via U.S. first class mail, postage prepaid, to the following: Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Adam G. Reedy, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013-3216 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated: 7/g,/1 By: FORRY ULLMAN RANDY T. BURCH, ESQUIRE Attorneys for Plaintiff FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. CALEB SPITZER, JOAN H. BARRETT, KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : DOCKET NO.: 14-1751 CIVIL Notice is given that a judgment in the above -captioned matter has been entered against you onOuas. -` , 2014. 410C - Prothonotary If you have any questions concerning the above please contact: Randy T. Burch, Esquire Attorney or Party Filing 540 Court Street, P.O. Box 542 Address Reading, PA 19603 City, State, Zip 610-777-5700 Telephone Number FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 iii= r ILED-DF FILL: ter, 2014 A UG 19 PH 1: to CUMBERLAND COUNT PENNSYLVANIAN Attorney ror Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter Judgment in the above captioned matter in favor of the Plaintiff, Progressive Specialty Insurance Company, and against Defendant, Kaitlyn Anderson, for want of an answer. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the filing of this Praecipe. A copy of the notice is attached. FORRY ULLMAN BY: " RAND . BURCH, ESQUIRE Attorneys for Plaintiff Judgment is entered in favor of Plaintiff and a an answer. ed Defen Prothonotary for want of c -k svb.o i Neok(c ci 3 I be) A FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS SS RANDY T. BURCH, being duly sworn according to law, deposes and says that he is the agent for the Plaintiff above-named and is authorized to and does make this Affidavit on its behalf, and that he has knowledge of the facts set forth herein. That Defendant Kaitlyn Anderson, is over twenty-one years of age and is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 as amended. By: SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2014 NOTARY PUBLIC FORRY ULLMAN RANDY. BURCH, ESQUIRE Attorneys for Plaintiff FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED Notice is given that a judgment in the above -captioned matter has been entered against you on C� . 1,2014. Prothonotary If you have any questions concerning the above please contact: Randy T. Burch, Esquire Attorney or Party Filing 540 Court Street, P.O. Box 542 Address Reading, PA 19603 City, State, Zip 610-777-5700 Telephone Number FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT I, Randy T. Burch, Esquire, attorney for Plaintiff, Progressive Specialty Insurance Company, does hereby certify that a Notice of Intent to Enter Default Judgment was mailed on May 12, 2014 to the Defendant listed below by certified mail, a copy of the Certified Mail Receipt and time -stamped Certificate of Service are attached hereto, made a part hereof, and marked as Exhibit A. Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Dated: %/ 31 /) / By: FORRY ULLMAN RANDY . BURCH, ESQUIRE Attorneys for Plaintiff FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 6,o5o( t• 1.11'i0IA 2014 f{ i`1 Y 1 3 PH 1: I,.J i; CUMBERLAND C011?,TY PENNSYLVANIA Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BAR.RETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, • CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Plaintiff, being duly sworn according to law, deposes and says that I served a true and correct copy of Plaintiffs 10 - Day Notice by mailing the same via U.S. first class mail and Certified Mail/Return Receipt Requested, postage prepaid, upon Kaitlyn Anderson at 304 Nebinger Street, Lewisberzy, PA 17339 on May 12, 2014, as evidence by the attached copy of the date-stamped Certified Mail Receipt (No. 7003 1010 0003 1406-4491). Donald R. Dorer, Esquire Law Office of Synder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Adam G. Reedy, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EXHIBIT A Joan H. Barrett 54 Warrington Street Wellsville, PA 17365 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated: May 12, 2014 By: FORRY ULLMAN RANDY T. BURCH, ESQUIRE Attorneys for Plaintiff Stiranca Overage -Pray/ .•.kit.,cieliveryintoritiatiori visit our vvebSite,at',WWW.USPS4COMO Postage Certified Fee Retum Aeclapt Foe (Endorsement Required) Restricted Delivery Fee (Endorsement Requtred) Total Postage & Fees Sent To 11/42v5•6 G(Vg0tirce) ,KAvvt, 1L) Atte-S01\ Street, Apt. No.; LNES) oste or PO Box No. City, State, ZIP+4 c.Etosir!,.UP- rArs39 FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. 59567 540 Court Street, P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorney for Plaintiff, Progressive Specialty Insurance Company PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW CALEB SPITZER, JOAN H. BARRETT, : DOCKET NO.: 14-1751 CIVIL KAITLYN ANDERSON, SAMANTHA MARGO, ELIZABETH TURNER, : CYLE STERNER-MOORE, and NATIONWIDE INSURANCE COMPANY,: Defendants : JURY OF 12 JURORS DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Plaintiff, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Praecipe for Judgment and Assessment of Damages by mailing the same via U.S. first class mail, postage prepaid, to the following: Peter J. Speaker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Adam G. Reedy, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013-3216 Kaitlyn Anderson 304 Nebinger Street P.O. Box 444 Lewisbury, PA 17339 Cyle Sterner -Moore 1550 Williams Grove Road Lot 140 Mechanicsburg, PA 17055 Dated:7/3 // , y By: FORRY ULLMAN RANDY T.'BURCH, ESQUIRE Attorneys for Plaintiff