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HomeMy WebLinkAbout14-2682 Supreme Co,,,,-' Pennsylvania Irk Coup, ' on o x leas For Prothonotary Use Only: r Docket No: Cu lD y County )4r 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 law or rules of court. Commencement of Action: S [3 Complaint [9 Writ of Summons ® Petition E Transfer from Another Jurisdiction ® Declaration of Taking � Lead Plaintiffs Name: Lead Defendant's Name: C 1 C DONEGAL MUTUAL INSURANCE COMPANY JILL CAVANAUGH ( Dollar Amount Requested: Sx within arbitration limits I Are money damages requested? 0 Yes 0 No (check one) outside arbitration limits N Is this a Class Action Suit? ®Yes [M No Is this an MDJAppeal? ® Yes El No J A Name of Plaintiff/Appellant's Attorney: SCOTT L. GRENOBLE { ® Check here if you have no attorney(are a Self-Represented [:Pro Sel Litigant) INature 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 E3Intentional [3Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ®Debt Collection:Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection:Other ® Board of Elections ®Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other 11 S ® Product Liability(does not include Employment Dispute: ! E mass tort) E3 Slander/Libel/Defamation Discrimination C ® Other: ® Employment Dispute:Other E3 Zoning Board r ,r Other: I i ®Other: 0 MASS TORT pt Sy4-A►'c.Je Asbestos N ® Tobacco ® Toxic Tort-DES +i ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste E3 Other: [3 Ejectment ® Common Law/Statutory Arbitration B ®Eminent Domain/Condemnation ®Declaratory Judgment ® Ground Rent Mandamus 1 ®Landlord/Tenant Dispute Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure:Commercial Quo Warranto ® Dental ® Partition ®Replevin Q Legal ® Quiet Title ®Other: ® Medical ® Other: 0 Other Professional: i Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA\ ti CIVIL DIVISION 'irs %j� Plaintiff(s)&Address(es) DONEGAL MUTUAL INSURANCE c '{ COMPANY ' 1195 River Road, P.O. Box 302 Marietta, PA 17542 1 Case No. ! Civil Term VS. Civil Action i Defendant(s)&Address(es) JILL CAVANAUGH r { 1080 Country Club Road 2__`t Camp Hill, PA 17 01 1 PRAECIPE FOR WRIT OF SUMMONS vaCD TO THE PROTHONOTARY/CLERK OF SAID COURT: - -~ Issue summons in the above case Writ of Summons shall be issued and forwarded to ttorne Sheriff.IPlease Circle choice) Date: S- `� Signature of A omey Print Name: Scott L.Grenobl Address: 525 S. 8th Street, P.O. Box 49 Lebanon, PA 17042 Telephone#:717-274-1421 Auk e.,��7 ( Supreme Court ID Number: 72808n�.� a+ V tT) • • • • • �3os3t1�0 WRIT OF SUMMONS TO: JILL CAVANAUGH Made YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S)HASM VE COMMENCED AN ACTION AGAINST YOU. �► Prothonotary/Clerk,Civil Division Date:, ' - Deputy I':\dlb\Litigation\Donegal Mutual Insurtuice Compairy\Cavanaugb\Praecipe for EOA.docx -4/29/14 2:04 PM ✓ ,i A !;. i CtI�fPERLAND a PENNS�l..Vj�j UNT 1 DONEGAL MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. CIVIL ACTION - LAW JILL CAVANAUGH, NO. Defendant I PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of BUZGON DAVIS LAW OFFICES, whose address is 525 South Eijzhth Street P.O. Box 49 Lebanon Pennsylvania, 17042, as attorneys for DONEGAL MUTUAL INSURANCE COMPANY, Plaintiff in the above-captioned matter. BUZGON DAVIS LAW OFFICES BY: Scott L. Ar Inoble, Esquire Attorn D. #72808 525 So Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: sgrenoble@buzgondavis.com Attorneys for Plaintiff Dated: DONEGAL MUTUAL INSURANCE COMPANY, Plaintiff vs. t -if THE E P: O / I 1 O N O Tf'S'i R �l 2.0 ',t.� "3 Pi • 2 CUMERLAN,0 COUNTY: PENNSY!SA A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JILL CAVANAUGH, NO. 14-2682 Defendant COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, Pennsylvania 17013 AND NOW, comes the Plaintiff, Donegal Mutual Insurance Company, by its attorneys, Buzgon Davis Law Offices, and files the within Complaint, averring as follows: 1. Plaintiff, Donegal Mutual Insurance Company ("Donegal"), is a Pennsylvania Corporation located at 1195 River Road, P.O. Box 302, Marietta, Pennsylvania 17542. 2. Defendant, Jill Cavanaugh ("Cavanaugh"), is an adult individual residing at 1080 Country Club Road, Camp Hill, Pennsylvania 17011. 3. On May 5, 2012, Cavanaugh was involved in a motor vehicle accident at the intersection of Center Street and Magaro Road, Enola, East Pennsboro Township, Pennsylvania. 4. At the time of the motor vehicle accident, Cavanaugh was an insured pursuant to a Donegal automobile insurance policy. A true and correct copy of Donegal's insurance policy with Cavanaugh on the date of the accident is attached hereto as Exhibit "A". 5. On May 10, 2012, Cavanaugh reported to Donegal that on the night of the accident, she proceeded through a light that just turned green when an unknown individual came through the intersection and struck her vehicle before fleeing the scene. 6. Cavanaugh reported to Donegal that after her vehicle was hit, she pulled over, but the individual who struck her car had fled the scene. 7. Cavanaugh reported to Donegal that she did not call the police and went home. 2 8. Relying on the information Cavanaugh provided to Donegal, Donegal provided a total payment of seven thousand four hundred and eighty-one dollars and forty-one cents ($7,481.41) for the following: a. Damages for Cavanaugh's vehicle- $6,726.43; b. Rental Car expenses for Cavanaugh- $660.00; and c. Appraisal of Cavanaugh's vehicle- $95.00. 9. It was subsequently determined that Cavanaugh was responsible for the accident and fled the scene. 10. On or about August 16, 2012, Cavanaugh was subsequently arrested and charged by the East Pennsboro Township Police Department with insurance fraud, accidents involving damage to attended vehicle or property, and failing to stop and give information and render aid. A true and correct copy of Cavanaugh's criminal docket sheet is attached hereto as Exhibit "B." 11. On November 30, 2013, Cavanaugh pled guilty to accidents involving damage to attended vehicle or property and her other charges were dismissed; no restitution was paid to Donegal. See Exhibit "B." 12. After investigation, Donegal concluded that Cavanaugh misrepresented the facts and circumstances of the May 5, 2012 accident. 13. Cavanaugh has failed to return the payments Donegal made to and on Cavanaugh's behalf to Donegal. 14. By attempting to conceal the true facts of the accident, Cavanaugh sought to avoid an increase in her insurance premiums. 3 COUNT I- BREACH OF CONTRACT 15. The averments of paragraphs 1 through 14 are incorporated herein by reference as if textually set forth at length. 16. Cavanaugh and Donegal entered into a valid contract for auto insurance coverage for Charles J. Cavanaugh and Jill Cavanaugh. See Ex. A. 17. Pursuant to Part F -General Provisions and the subsection on Fraud, the contract states, We do not provide coverage for any "insured" who has made fraudulent statements or engaged in fraudulent conduct in connection with any accident or loss for which coverage is sought under this policy. See Ex. A, PP 00 01 06 94, page 11. 18. Under the policy of insurance, Cavanaugh had a duty to provide truthful information to Donegal when reporting an accident or loss. 19. Cavanaugh breached the contract as the statements she made on May 10, 2012 relating to the May 5, 2012 accident were a misrepresentation. 20. As a result of Cavanaugh's breach of contract, Cavanaugh has caused damage to Donegal as set forth herein, including but not limited to: a. Claims payment; b. investigative costs and expenses; and c. attorneys fees and costs. WHEREFORE, Donegal demands damages against Cavanaugh in an amount less than $50,000.00, plus interest, attorney's fees, and costs of suit. 4 COUNT II- INSURANCE FRAUD PURSUANT TO 18 Pa.C.S.A. § 4117(g) 21. The averments of paragraphs 1 through 20 are incorporated herein by reference as if textually set forth at length. 22. Cavanaugh presented and/or caused to be presented to Donegal a claim that contained false, incomplete, and/or misleading information concerning facts material to her claim. 23. Cavanaugh presented the false information knowingly and with the intent to defraud Donegal. 24. Specifically, on May 10, 2012, Cavanaugh reported to Donegal that on the night of the accident, May 5, 2012, an unknown individual came through the intersection and struck her vehicle before fleeing the scene. 25. In reality, Cavanaugh knew she struck another driver's vehicle and it was she who fled the scene. 26. Section 4117(a) provides, in part, as follows: A person commits an offense if the person... [k]nowingly and with the intent to defraud any insurer or self-insured, presents or causes to be presented to any insurer or self-insured any statement forming a part of, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim. 18 PA. CONS. STAT. ANN. § 4117(a). 27. Section 4117(g) states that "[a]n insurer damaged as a result of a violation of this section may sue in any court of competent jurisdiction to recover compensatory damages, which may include reasonable investigation expenses, costs of suit and attorney fees. An insurer may recover treble damages if the court determines that the defendant has engaged in a pattern of violating this section." See 18 PA. CONS. STAT. ANN. § 4117(g). 5 28. Donegal suffered damages as a result of Cavanaugh's violation of section 4117 including, but not limited to: a. Claims payment; b. investigative costs and expenses; and c. attorneys fees and costs. 29. Donegal is entitled to recovery under section 4117(g) as a result of Cavanaugh's violation as set forth above. WHEREFORE, Donegal demands judgment for damages against Cavanaugh in an amount less than $50,000.00, along with investigation costs, attorney fees, and interest and costs of suit. COUNT III- FRAUD/MISREPRESENTATION 30. The averments of paragraphs 1 through 29 are incorporated herein by reference as if textually set forth at length. 31. Cavanaugh made representations, which were false, and were made by Cavanaugh with knowledge of their falsity or with reckless disregard for the truth of the matter. 32. Cavanaugh's representations were material to the review and investigation of her insurance claim. 33. Specifically, on May 10, 2012, Cavanaugh reported to Donegal that on the night of the accident, May 5, 2012, an unknown individual came through the intersection and struck her vehicle before fleeing the scene. 34. In reality, Cavanaugh knew she struck another driver's vehicle and it was her who fled the scene. 6 35. Cavanaugh made the aforesaid misrepresentations and concealments with the intent of misleading Donegal into relying upon them. 36. Donegal justifiably relied on said misrepresentations when it made payments and provided coverage on behalf of Cavanaugh and in the assessment of future premium calculations. 37. The above actions of the Cavanaugh constitute fraud/misrepresentation. 38. By reason of the Cavanaugh's misrepresentations, Cavanaugh has caused damage to Donegal, which damages were proximately caused by Donegal's reliance upon Cavanaugh's misrepresentations as fraudulent conduct. 39. Said damages include, but are not limited to the following: a. Claims payment; b. investigative costs and expenses; and c. attorneys fees and costs. WHEREFORE, Donegal demands judgment for damages against Cavanaugh in an amount less than $50,000.00, along with punitive damages and interest and costs of suit. Respectfully submitted, BUZGON DAVIS LAW OFFICES BY: Scott L. Grenle, Esquire Attorney I. I . #72808 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421; Fax: (717) 274-1752 E-mail: sgrenoble@buzgondavis.com Attorneys for Plaintiff, Donegal Mutual Insurance Company 7 VERIFICATION I, THOMAS RICHARDS, do hereby verify that I am an authorized representative of Donegal Mutual insurance Company, Plaintiff in the within action, and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my personal knowledge or information and belief, and that I am authorized to and make this Verification for and on its behalf. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DONEGAL MUTUAL INSURANCE COMPANY By: . C1p1ng kl-Aenh Thomas Richards {,:\dlb\l...itigation\Donegal Mutual Insurance C_'ompanv\Cavanaugh'\\ASM - Complaint.docx - 10/31/14 9:18 AM. DONEGAL MUTUAL INSURANCE COMPANY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JILL CAVANAUGH, NO. 14-2682 Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, AMY M. LAFRANCE, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, Donegal Mutual Insurance Company, being duly sworn according to law, depose and say that I mailed on October 31, 2014, by regular mail, in a postpaid envelope, a true and correct copy of the COMPLAINT, the original of which was mailed for filing on October 31, 2014, in the Office of the Prothonotary of Cumberland County, Pennsylvania, to Joseph C. Phillips, Esquire, Peters & Wasilefski, 2931 North Front Street, Harrisburg, Pennsylvania 17110, Attorneys for Defendant, Jill Cavanuagh. Sworn to and subscribed before me this 31St day of October, A.D., 2014. otary ublic COMMONWEALTH Hl OF PENNSYLVANIA Notariaal Kelly L. Ellinger, Notary Public City of Lebanon, Lebanon County My Commission Expires March 5, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES t DO.NEGAL Insurance Group REDS COPY. 754 MARIETTA, PENNSYLVANIA 1 � *.0302 RENEWAL OF POLICY PAF 3042949 PERSONAL AUTO POLICY.— PREFERRED XL RATING PROGRAM, RENEWAL CERTIFICATE . POLICY NUMBER FROM TO COVERAGE IS PROVIDED IN THE 4294 FFECTIVE 06/24/11 12;. NAMED INSURED AND ADDRESS CAVANAUGH CHARLES .'J : & JILL 10-80 COUNTRY CLUB RD CAMP HILL PA 17011 DONEGAL MUTUAL :INS. ::0.00.4255 00 AGENCY P TELEPHONE ; .. .. °.:717: 5 e 6=.3 s •WELLS-:-FARGOINS SVCS. USA INC 05 4900 :RITTER. RD SUITE 250 MECHANI CSBURG PA AGENT •17055 05% .ANTI -.THEFT DISCOUNT .APPLIED TO UNIT:. : 4 IF. OTHER.: THAN ;:COLLI.SION •COVERAGE PROVIDED FOR UNIT, 15% :-ANTI-THEFT DISCOUNT 'APPLI'ED ..TO. UNI'r5...1, 2, 3 IF OTHER: THAN COLLISION COVERAGE: PROVIDED' FOR UNIT .30% PASSIVE.' RESTRAINT DISCOUNT APPLIED:'TO UNITS 1,2,.3,4 IF ,FI:RST PARTY .:BENEFITS .COVERAGE: `PROVIDED' FOR UNIT ANTI—LOCK:BRAKING :DISC.OUNT AP.PLIED..:"UNITS' 1,23,4'. IF.LI.ABILITY::COVERAGES PROVIDED. FOR UNIT BIRTH 'DATE • .07/27/56 :02/10/66 APPLI CABLE .:FORKS. FORM # 'DATE .UNIT :•PP0:001 06/94 ALL .PP13.01 '::1299 :ALL PP0551. • .0:6/94 .001 •PP0305 • `.08/86 :001 .14).0303 .:.04/8;6. •••0.02 .T.PD9012 05./06 1002 . PPD0302..10/96 :003 •PP03:35 .09/93 003 PPD03.02 -10/96 :004. . .PPD9012 05/06 .004. FORM .:# DATE UNIT. PPD0151:.04/10 ALL PP0309 .04/86 001 DAACP. 02/92 001 PP0319. .08/8.6 001 PP0551 06/94 002 PPO3.05 08/86 002 PP0303; .04/86:.003. PPD9012. 05/06 003 PP03.03 04/86 004 FORMDATE. UNIT IL0910 01/81 ALL PPD0302 10/96 :001 :PP0335 09/93 :001 P20309 04/86 002 02/92 002. 08/86 002 06/94. 003 08/86 003 06/94 004. DAACP PP0319 PP0551 PPO305 220551 FORM :•#. DATE UNIT •PAE0.01 :12/89 .,ALL• PP0303 •• • 04/86. • 001 .PPD9012 :05/06... 001 .:PPD0302 10/96....002 PP0335 0:9/:9=3. .002 :. PP03:09 • ..04/8.6 003 .DAACP .02/92 .003. :PP0309 04/S6 .004 DAACP , 02/9.2 004 PL -2 (9/88) Pv-takWve President 05/18/11 20.:01:2967 CONTINUED ON REVERSE SIDE REFER TO FINAL.. PAGE FOR BILLING NOTICE ALL -STATE LEGAL° EXHIBIT DONEGAL AUTOMOBILE ACCOUNT CREDIT PLAN DAACP (Ed. 2-92) We agree to credit this risk, as it has met all of the eligibility requirements for the Donegal Automobile Account Credit Plan (DAACP). All other provisions of this policy apply. Donegal Mutual Insurance Company DAACP (Ed. 2-92) PENNSYLVANIA NOTICE ILop -Iwo 291 (Ed. 01 81) An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide services t� reduce the likelihood of injury, death or loss. These services may include any of the following or related services incident to the application for, issuance, renewal or continuation of, a policy of insurance: 1 surveys; 2. consultation or advice; or 3. inspections. The "Insurance Consultation Services Exemption Act" of Pennsylvaniaprovides that the Insurance Company, its agents, employees or service contractors acting on its behalf, is not liable for damages from injury, death or loss occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these services. The Act does not apply: 1. if the injury, death orloss occurred during the actual performance of the services and was caused by the negligence of the Insurance. Company, its agents, employees or service contractors; to consultation services required to be performed under a written service contract not related to a policy of insurance;. or if any acts or omissions of the Insurance Company, its agents, employees or service contractors are judicially deter- mined to constitute a crime, actual malice, orgross negligence. :Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal policies and renewal certificates insuring risks located in Pennsylvania. AMENDMENT OF POLICY PROVISIONS - PERSONAL AUTO POLICY COST OF BAIL BONDS LOSS OF EARNINGS 1. Supplementary Payments The provisions that apply to Supplementary Payments also apply to this endorsement except as amended by this endorsement. Item 1 shall be amended to read:. Up to $350 for the cost of bail bonds required because of an accident, including related traffic law violations. The accident must result in bodily injury or property damage covered under this policy. Item 4 shall be amended to read: Up to $100 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our request. PAE-001 ED 12!89 PERSONAL AUTO, PP,D'0i 51104.10 T OF POLICY PROVISIONS;- PENNSYLVANIA 1. DEFINITIONS The Definitions section is arriended as follows: A Definition J. is replaced by the following: "Your covered auto" means 1. Any vehicle shown' in";the Declarations. 2. ! Any of `; the following' types of vehicles on the date you become the owner: a A private passenger auto; or Apickup orvan that Has a . Gross Vehicle Weight not exceeding 9,000 lbs , and Is not principally used in any "business" %Other than farming or ranching: his provision (2) applies only if: i�ou: °°:acquire the vehicle during the policy period, ii. PART A LIABILiTY,COVERAGE Part A is amended,as, follows:• A. Paragraph '=A of the Insuring Agreement is replaced bythe following "INSURING:.AGREEMENT We .:will pay damages for :."bodily :Injury" or "property damage" for `which :any "insured" becomes legally responsible because of an auto accident We will settle or defend, as we, consider appropriate, any' claim or suit asking 'for these damages. In:addition to our, limit of liability, we will pay all defense costs, we incur Our duty,; to settle or defend ends when our iimrt of ` liability for this t; coverage has been exhausted We have no duty to defend any suit ror settle any claim for "bodily r " injury" oproperty _damage" not covered `under this policy ou :ask us:tot insure it within 30 days after ou E ecome`the owner; and c. With respect ,to a pickup or van, no other.. insurance policy:provides coverage for that vehicle °If the vehicle; you acquire. replaces one shown in the Declarations, 'it will have the same coverage as the vehicle it:replaced You must ask us;to tenure a replacement -vehicle within 30 days only :if you wish to: add or continue Coverage For Damage To Your Auto. If the vehicle you acquire is in addition to any shown in the,': Declarations,, :it !will have the broadest coverage we nowprovide for any. vehicle shown in the Declarations Any "trailer you owl 4. Any auto or "trailer" you do not own while used - as a terrporary:substi_tute forany other vehicle described in : this ;definition.. which is out of normal use because of its a. Breakdown;' tl Loss; or b` `Repair; a Destruction. B. Paragraph 8;2 of the insuring: Agreement.is replaced by the'following Arty person uiing "your' your permission r•: following is add+ Payments Provision; . SUPPLEMENTARY PAYMENTS In addition to our limit of liability we will pay on behalf'of an "insured" Prejudgment interest awarded against the ""insured"'on :.the part of the -judgment we pay. Any prejudgment interest awarded=against the insured is' subject to the epplicable;Pennsylvania. Rules of .Civil Procedure IIi. PART' D COVERAGE FOR;; DAMAGE. TO YOUR AUTO EXCLUSIONS elusion 8 is replaced by the following; 8...Loss.to: a. "trailer", camper ,body; or motor home which: is not shown lathe. Declarations; or b. Facilities or tequiprnent used with such ''trailer"., camper body or motor: home. Facilities or' equipment include but are not lirnited.to: 11),:Cooking, dining, refrigeration facilities. ;(2) Awnings or cabanas, or.' {3) Any ;other faciGfies;or,equipment. used with a ="trailer", ;camper:!body, or motor home. h e :Supplementary c Servicing, This provision (4.) does not apply to Coverage For Damage To Your Auto The.tollowing Is added to the Definitions section: K. "Noneconomic lass" Menne' pain and suffering' and 'other nonmonetary detriment.= L. "Serious injury" means an: injury resulting in death, :serious impairment of,:bodyfunction or permanentserious disfigurement: PPD.0.1 51 0410 Contains copyrighted material,of insurance 5ervices:Office, Inc. with their permission ::_ . Page 1 Copyright, Insurance Services Office, Inc., .1993 of 3 This Exclusion (8). does not apply to a: a. "Trailer" or pamper ,body, which is shown in the Declarations, b. "Trailer", and its facilities or equipment, which yoddo not oWn`,'or c. "Trailer"; camper body, or the facilities or equipment.in or attached, to, the. "trailer" or camper. body, which,, you: (1) Acquireduring:the:•policyperiod; and (2) Ask us: to insure within, 30 days after you become:the>own er. iV. PART E - DUTIES AFTER AN ACCIDENT OR LOSS Part E.is replaced by the following; ,:, ,..;,. DUTIES. AFTER AN ACCIDENT.OR:LOSS ,an accident`"or loss occurs, 'the following must be done 'for the terms of the policy to apply:' A. We must be.. notified , promptly of how, when and Where the. :accident or., loss, happened. Notice should also include the names,. and;addresses of any, injured'persons and of any witnesses. B. A person seeking any coverage must'.. Cooperate with us, • .in _ the•investigation, settlement or defense of any claim or suit. Promptly send us copies ,of,,any notices or nt or legal papers received in connection withsethe accideloss 3 Submit, as often as we reasonably require: a. To physical exams by phy icians we lect We will pay foci these. exams To examination under ,oat' e same uthonzeus to obtain a. Medical reports, an er pertinent records °5. Submit "a tproof'of loss when required ,by us. C. A, person.: seeking ;Uninsured Motorists Coverage: must`also V. PART F -GENERAL PROVISIONS part Fis amended as follows: • A. The. Termination provision is replaced by the following: TERMINATION Cancellation. This policy may be cancelled during the policy period as follows: 1. The named insured shown on the Declarations may cancel by; . . a. Returning this policy to us; or. b. Giving us advance written notice of the date cancellation is to take effect. 2. We may cancel by mailing , to the named insured shown in the Declarations at the address drown in this policy: a. ; At least 15 daysnotice of cancellation: 11) if notice' is effective within the first 60 days thie policy is in effect and this is net a renewal or continuation policy; (2)' For nonpayment of "premium; 3)if; the drivers license;;, of the named insured shown in the declarations has been suspended ' or :revoked . after the effective date if thie, policy has been in effect less than one year; or if the policy has been in effect longer than one year; -.. since the last anniversary, of the original: ective date, or` ur r• mitatiai" Pennsylvania onrenewal.y we decide not to renew or continue this.. policy, we will mail. to the named insured shown' in.the''Deciarations at the address ,shown:in this policy 1: , At least: '1:5 -days notice before the end of the policy period: a. For nonpayment of premium, or materia i5 subjectto the . the applicable 1. Promptly kitty the police if a''hit-and-run driver' vis involved: Promptly'send°us copies of the legal papers if sais'brought . person seeking Coverage For Damage To Your, o' must also 1;.. „Take .reasonable steps. (after loss to protect "your.`covered auto" or any "'non -owned auto" and their "equipment from further loss. We will:. c pay reasonable expenses incurred to do this. Promptly notify 'the :police: if "your covered :`auto" or: any "non -owned auto" is stolen. 3. Permit us to inspect and appraise the damaged property before its repair or disposal. PPD.01 51 0410 b..Iff the•diiver's licenseof the named insured Shown in the, Declarations has been suspended or `revoked after the effective date if this policy: has been in effect less than one'year; or if the policy has been in effect longer:.than one' year, : since the last anniversary of the original effective date. 2. At least 60 days notice before the end of the policy period In all other cases. However,::, our': right to nonrenew this policy is subject . to : the , limitations contained in the applicable Pennsylvania Statutes. Contains copyrighted maferretof Insurarice' Seri/ices Office, inc:with their permission ' Page. 2 of 3 Copyright, Insurance Services Office, Inc., 1993 Automatic Termination. If we offer to renew or continue and you or your representative do 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 shall mean that you have not accepted our offer. Other Termination Provisions. 1. We. may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. 2. if this policy is cancelled, you may be entitled to a.; premium refund. :'If,:so, we will send you the refund The premium refund, if any, will be computed according to our manuals. However, making or offering to make the refund isnot a condition of cancellation. 3. The effective date of cancellation stated in the notice shall become the end of the policy period. B. The following provision is added: CONSTITUTIONALITY CLAUSE, The premium for, andthe coverages of, this policy have been established in reliance upon the provisions of the Pennsylvania Motor : Vehicle Financial Responsibility Law. In the event a court, from which there, is no :appeal, declares or enters a judgment the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part, we will have ,the tight to. recompute the premium payable for the policy and void or_.amend the provisions of the policy, subject to the approval of the Insurance Commissioner.' VI. JOINT OWNERSHIP COVERAGE ENDORSEMENT If the Joint Ownership Coverage Endorsement is attached to this' policy, the provisions of the Joint Ownership Coverage Endorsement apply except as follows: Paragraphs A. and B.2.b. of the. Definitions section A. For the purpose of the coverage provided by this endorsement, "you" and "your" refer to two or more: 1. Individuals, .other than husband and wife, . residing in the same household; or 2. "Non-resident relatives", who jointly own: 1. A private passenger auto; or 2. A pickup or van that: a. 'Hasa Gross Vehicle Weight not exceeding 9,000 lbs.; and b. is .not.principally usedin any "business" other than farming or ranching. B. "Your covered auto" means: 2. Any of the following types of vehicles on the date you become the owner: b. A pickup or. van that:. (1) .Has... a Gross Vehicle. Weight not exceeding 9,000 :lbs:; and (2) is not principally used in any "business" other than farming or, ranching. MISCELLANEOUS TYPE VEHICLE ENDORSEMENT If the Miscellaneous TYPe Vehicle. Endorsement is attached to this : policy, the .`provisions of the Miscellaneous : Type Vehicle Endorsement:: apply except as; follows: Paragraph B.2.b. of itre Definitions section is replaced by the following: B. "Your covered auto" means: 2. Any of the following types ofvehicles `on. the date you become .theowner: b. ,A pickup or van that: (1) :Has a : ;: Gross Vehicle : Weight not. exceeding 9,000 lbs.; and (2) Is not principally used in any "business" other than farming or ranching. are replaced by the following: V This endorsement must be attached to he Change Endorsement when Issued after the policy is written. PPD 01 51 04.10 Contains copyrighted material of Insurance Services Office, Inc. with their permission Copyright, Insurance Services Office, Inc., 1993 Page .3 of 3 PPD'9012 05 06"• PROTECTOR ENDORSEMENT PERSONAL AUTO POLICY t. PE N N5YLVAN IA With respect to coverageprovided by this endorsement, the provisions of the policy apply unless modified by the additional coverages outlined below. This endorsement does not provide coveragefor Miscellaneous Type Vehicles. I. AUTOMOBILE DEATH BENEFIT INSURING AGREEMENT . .. We will pay $2,500 if "bodily injury caused by an accident arising outof the maintenance or use of a "motor vehicle" causes the death of. the "insured" within 24 months from the date of the accident. We will pay the Automobile Death Benefit to' the. executor.... or ,;administrator:-: of, :the::=:;deceased -: insured's' estate if there is no executor or administrator, the benefit`shall be paid to:.:.: The deceased "insured's" surviving spouse; or If there is no .surviving spouse, .the.: deceased "insured's" surviving children; or Ifthere is no surviving spouse orchildren, to the deceased " insured's estate. With respect tothe.Automobile Death,Benefit herein, • the following_ definitions apply "bodily injury" means accidental bodily harm to a'person`and that person's resulting death. • 4. "Motor vehicle" means a self -propelled; vehicle of the following types:.. . �. A private' passenger` auto; or . A pickup or van that :.. _. • (1) ;Has a'Gross'Vehicle.Weight'of less than 000 lbs.;'arid is " hot ':used for the delivery or transportation '::`of goods and materials unless such use is: (a) : Incidental to your "business" of installing, maintaining or repairing ; furnishings ,or equipment; •or, •. (b) For farmingr or ranching operated or designed for use upon public roads. `However,` "motor; vehicle" does not :include a vehicle operated:_ By muscular power; or On'railsor tracks. C. This insurance applies Only to accidents which occur within the United States of America, its territories. or .possession`s; or Canada...:.':.` "Insured". means :.the . personor persons designated on the Declarations Page as. Named lnsured(s). "The'Act refers to the Pennsylvania Motor Vehicle Financial Responsibility Law.. EXCLUSIONS We do not p. rovide''Automobile.Death'Benefit for'"bodily. injury" sustained by any "insured": While . intentionally. causing :or attempting to cause bodily injury".to himself or any other person While committing a felony. • While seeking to elude lawful apprehension or arrest by a law enforcement official. Who, at the time of the accident, is: PP.D':90'.1:2 05 06 The `:owner 'of' .`one (le 'rriore'tegiSteredmotor vehicles' , none of which have. in effect the financial responsibility required by the Act; or "Occupying" a "motor vehicle'' owned b• y that insured ::far iwhich' the; financial responsibility required by the' Act is not in i. effect ` Maintaining or using`a "motor vehicle" while located for use, as a residence or premises. :Atlantic:: States Insurance Company Donegal: Mutual Insurance: Company Page. 1:=of:3 • • F. While"ocCUpyiriga: H. From or as a consequence of the following, whether controlled or uncontrolled or 1. Recreational vehicle designed for use off public : however caused:, roads; or 1. 'NUclear 2. Motorcycle; moped or sirnilar-type vehrcle. reaction; G. Caused by or as a consequence of: 1. Discharge •of, . a nuclear . weapon (even if accidental); 2. War (declared or undeclared); 3. Civil war; 4. InsUrreCtion; or • '• 5. Rebellion or revolution. 2. Radiation; or 3. Radioactive contamination. • ;':....,;,.... • . . . CONDITIONS .:1.-..' . A. - part F. the Our Right To Recover..Fay en provision ' C. - ' if 'there is other • applicable* ' accidental death ..._ . . ..,. • . . ..• . , .addition , , . . toany other valid :.,.. !,.• does not apply, .;:... ; •,.::, • • • insurance, we will iiay in and collectible insurance ' ' ' • ' . • : -"';''' '-' '- '-- - . . p...,..„)/ye..hpil,:hay0 to;:.rjght, 990apOoitunity to make an , • . . . . . i, ,.„., ,,,,,.,.,,,, ;,..,,,:..-. ., ,. ,.,,.. . ',..',...,..: ,:.'•i• ,''',.: ': -.;',.•:.,".•I .; r.,,,;, . autopsy whore it is not forbidden by law:. ; • ' . . H. • , .•:.C. ••.},:..:::.A.'..1 I . II.% • • • • :'•. 'I ''''''; • .., . • . ' . • ' , . . , ' • ' • . .. . . . .. • . . . ' • . ` ' .. . • •. . . • • •:;. ..Y.''.;:P: ' ''. '..'':'' :, : .•': Services Coverage :-... • ... , , • : ' . " • . i4d•ea0',.!irtr° Yv.'T,'''.ini;prini4#60101bigu9 to 4....:.....;:,:,:,:, Locksmith."7-7"-i.;F:1': : ':' : -11' • 1 - ' • ' lockSmitnyt incurred • . . , fi--..:t,arlost!Pr:, - '- .r., -, -:l• , ';•.• -..,1 .. . : ,, •-:.i • .:-'.,-. ' : •• .: . ...•-;,,,,,,-„4,.g.OstAqr!,-.,1.4,,, .;k-g!..,trieft,..of :- , ...,' : ';-..'''..; i • ; ' for costs of a professional,. ; . :. 6veied.outo...„ ; .;.,..,:, .... ,..,.. i i,60.h66f, ge.,,no)(w..,, pay up to Si 00 • , .. . ' '66 briaW/9i19,,,,,,,,..,..q) l'r CL:-..' If a loss .00.c4f!;.4;HOi.#,;lit;ik. '469j!!..;;..y::;',;":':'.1;::":...-'::'..:-.:•:. We °Ij.''i.0i46: 041()°1. ' fibUi..9toiliP[PPPL:T,!!,..k,,,aiektiowoport9iygi-,-1.::::.'.. ii5.6i&y4-0.;fOP::!....:i,e166iiii*:IO.O.,!#10i.l.:,.,04:,. d out of lyourc . ,... ii.ift dove,r9 '''''itie; door .- .. :.. ':l•keVi''0Y'OOP t•F).1'''•,.'...:-,Y."ii;-6:::,rhAci,c00,„.:, ,..,,:•:.:,-..,;!.:..!.,:1;;;,-.;....,:;...,,,,,,..:-.....::;,::i.,,i--,:.;;;.,:,.i,..,:.,/,:.•-:;:::::.,:,:!.;.. -,,,,...,:::::1:',1'';',"::::(-7'.:i''' : 5 ''..:' ,,,,' „iarn- - ge.t6'. .....(,...,..,',..T.,,„. .....,,:i.joisei:ftii,01p.993,„0,..?„e,-,,,:.7.,-.1...'ii4fleiar.iti; Yr a- •••• ' '.' '' ' '' exceed.$2dOiab:9..T?7'i,i.,inlil7i.fy:r..4--0'.,r.:17:.!V.?..::::.':, s •,,i1:-;:1'TP.t,.-:k,;;; ,..;.!,_.,,ef.iIii0iasaCide .,P , telephone, Telephone Pg - -•,•.,.,,,,,:,.,,., , ,. - ' • ' lit'. Cellular',,.calcit up ''t9 2', ' • -•:the109praoc ., . only ,., We agree s' telephones, it,16100199;'QY of i699 or darriage,:,.... - to provide ,.,. • i ' ,' ' ' - .'. ---'40461f10'111PPrn ... , ..'... and antennas. ..-- ..,.: permanently ih00}90 or........,temporarily... ...,..... .. ._ , .. , 60.0er oocurreQ 7. sce,,foryire „., . ,.. e‘ i, . • - • .• .. cellular gafthaiit9.; ..; ,... . ... 4 may not ekcee ' - accessories . are 6t5d0'aacl Y,,7,.......!.:.'; ,:-..... y. ,• !,.,. - .•:,',:- .. - .. • . , will -apply if•the,..cellularin., . . .. ., ..-, ......;.• your covered „...,..., '. a-ceSsones, .,.. ., '.:•,.: . • ,..,i , •-• ::40to ,, ct , .'- . and antenn , . "' T. tal losses ,pr f thisdoverag : , tied or upon.. ... . other than ' apply. No deductible applies to this -covera09. . --,..,.... - .s.: ; i .,...... . ... provisions„f Part() -.. Coverage , . . ' , for ,....:...... . . "Collision .. '' or "collision” -1 . '-baina-gi3'to You provided on Your Auto will apply to coverage..,, u, policy or or1 the this automobile Y°' 'f' coverage.to in order or are not required, to have. . the . . coveragethe. , . . . ' ',, • ly:;:..TijoforipwirvadclitiOh4Coveraga is included in First Party Benefits Coverage.....F. arm9ylyani9;71119cli,69! g*penseS:,.., Seat Eelt and Child Restraint Medical Expenses If an "insured" sustains "bodily injury" caused by an acdident arising out -Of the maintenance or use of a "motor ' vehiele", And the "insured" is wearing a seat belt or a National Highway Transportation Safety Administration r(NFITSA5aPPIOVed child restraint device at the time of an accident, we will pay up to an additional $5.00 for necessary Medic'al ExPenses, No One will be entitled to recover duplicate payments for the same elements of loss under this or „ any other similar insurance including self-insurance. PPD 9c1:12 05 06 Atlantic. States. Insurancel• Company Donegal. Mutual Insurance' Company ,:•: • Page 2 of 3 Personal Effects Coverage The following is added to Part D - Coverage for Damage to Your Auto: We will pay for loss to clothing and other personal effects which are owned by you ora "familymember" while such personal effects are in or upon "your covered auto", provided the loss is caused by: A. Other than "collision" only if the Declarations indicate that Other Than. Collision Coverage is provided for that auto. As respects coverage provided by this endorsement, Other Than "Collision" means loss caused by: 1.. Missiles or falling objects; 2. Fire; . 3. Theft or larceny of the entire automobile; 4.. Explosion or earthquake; .. 5.. Windstorm; 6. .Hail, water or flood; 7. Malicious mischief or vandalism; 8. Riot or civil commotion; 9. Contact with bird or animal; or 10. Breakage of glass B. "Collision", only if the Declarations indicate that Collision Coverage is provided for that auto. Money, professional or occupational tools or machines, salesmen's samples, and merchandise for sale, delivery or exhibition are not considered personal effects: Our limit of liability for loss to personal effects under this coverage for any oneoccurrence is $300; however, we will only pay up to our limitforthe loss not covered by other insurance. No deductible applies to this coverage. VI. Deductible Waiver for Total Loss Covered Under Part D - Coverage for Damage to Your Auto Thedeductible shown in the Declarations Page does not apply to a covered total loss._ Towing and Labor Coverage We will pay up to $100 for Towing and Labor Costs incurred each time "your covered auto" or any "non -owned auto" is disabled. If the Declarations Page includes a limit for Towing and Labor, this coverage is in addition to that amount of coverage. We will only pay for labor performed atthe place of disablement: No deductible applies to this coverage. We will not make a duplicate payment under this coverage for any element of loss for which payment has beenmade by or on behalf of persons or organizations who may be legally responsible. PPD 90/20506 Atlantic States Insurance Company Donegal Mutual Insurance Company Page 3 of 3 PERSONAL AUTO POLICY . AGREEMENT In return or payment of the premium and subjectto all the terms of this policy, we agree with you as follows:; •DEFINITIONS.....; Throughout this policy, "you" and "your" refer to: 1. The "Warned :insured"shown .in the Declarations; and 11 The spouse ifaresident of the same household. and :.> "•our";::refer::-to -the Company providing this, insurance. C. For purposes of this policy, a privatepassenger type auto .shallbe deemed.to ,be owned by a person if leased: 1. Under awritten agreementrtothatperson; and 2. Fora continuous period of at least.6 months. Other wards and phrases are' defined.'' ---They are' in quotation marks when used D: "Bodily injury" means- bodily, harm, sickness or -disease, including death that results E. : "Business" includes. trade, profession or occupation. F "Family member" means a person related to you by blood, marriage or adoption who is a resident of your. .., .: household. This includes award or foster child: G "Occupying" means in, upon; getting in, on, out or H. "Property damage" means physical injury to, destruction of or loss of use oftangible property. "Trailer" means a vehicledesignedlto be pulled by a: - ivate passenger auto; or 2. :. Pickup or van. A pickup:or van that;,; Hasa'GrossVehicle Weight of less than 10,000 lbs., and !s. `not used far #fie: delivery . or . :transportation of goods and materialsuniess such use is: Incidental to your' `°business" of;lnstalling, maintaining or re-. pairing furnishings:. or equip.- ' Ment Forfarming or ranching: This provision'(J.2 a. °".You -acquire period; applies only e vehicle during thepolicy roti ask 00016011,r it within`30.days after you become the owner, anti = With: respect'to a pickup or van, no other insurance policy provides-: coverage for that vehicle ,:' he vehicle you acquire replaces one shown in the Declarations, it 011 1-140 the, same coverage. as the vehicle it replaces! You must ask us to • insure a`replacement vehicle .;within 30 days only if you wish to add or.continue Coverage for Damage to Your Auto: : If_the vehicle you acquire is in addition` to any shown have the :in =the: Declarations, `if will broadest .coverage we '.now provide. for any :vehicle:shown-in the Declarations. also Means' a farm wagon'or farm imple towed by a vehicle listed in 1: or 2. above. "Your covered auto" means:::. 1. Any vehicle shown in the Declarations. 2. Any of the following types of vehicles on the date you'becomethe.owner:': A priivate passenger auto; or. ; ent Any "trailer" you own. i.: Any auto or"trailer" you do not own while used as a temporary substitute for any other vehicle describedntri this:i:definition;-which. is ".out of normal use of its a.,,, • Breakdown; : tl Lass; or - .: -;:iDestruction.. 01 06 94 . Servicing;._ This,provision. (4.4.) (4.4.) . does ',not apply to Coverage for Damage to Your -Auto. Copyright,Insurance Services Office, ; Inc., 1994 'ag of^,13 . PARTA LIABILITY COVERAGE. INSURING AGREEMENT A. We will pay damages_ for "bodily injury" or,- property damage" for which any "insured" becomes legally responsible because of an auto accident. 'Damages. includeprejudgment.. interest. awarded against the:... "insured;": We will settle or defend, as we consider appropriate, .any <: claim '" ,Or 'Suit 'asking for these damages. addition to our limit of liability, we will pay all defense costs,we incur. Our duty to settle or defend: ends:''' whn our:'lirnit. of liability for this. coverage has,: been. exhausted. We have no duty to defend any suit Or, settle any claim for "bodily injury" or 'property damage", not covered under this policy. "insured". as used in. this Part means: You, or any. "farrilly member" for the ownership,. maintenance oruse of any auto or "trailer. Any person using."yourcovered auto." Other reasonable expenses incurred at request. EXCLUSIONS A We do not provide Liability Coverage for any "insured": 1. Who intentionally causes "bodily injury" or "property damage. 2. For "property damage" to property owned or being transported by that "insured." a. Rented to; .Used by or c. In the care of; that "insured.":'. For "your covered auto;°' any. person or organization but •only with 'respect: to . legal: responsibility for acts or omissionsof a 'person' ' for whom coverage is afforded underthis Part. r any auto ori other. than ''your covered , auto," any other person;: or organization ' •but only with respect to ' legal, responsibility, foracts or omissions of you Or any., "family memher" for whom coverage is'., afforded' under this;'Part This provision (B 4) applies only if the person or' organization does; not or hite theauto'or"trailer' SUPPLEMENTARY PAYMENT addftion(tuourllitnit of This 'exclusion (A.3.) does not apply to , damage"lo to a residence or private garage. ` ,dor "toddy injury to an employee of that "insured" during the, course; of employment. This exclusion (A 4 )does not apply to `'bodily,.. °•,injury':to a domestic employee unless workers'.,. compensation benefits are required'044:1*; • forthat'domesticgigip loyee * 44 ._Up.to-$250,;for the Cost ,of bail.bonds required because of an accident, including: related traffic law violations T.he..accident ;must result in "bodily injury" or "property; damage" covered under this policy. 2. `';.. Premiums .'on appealbonds and bonds to , release attachments in any suit we defend. lnterest.accruing:after,a judgment, is entered in anysuit We Our duty: to pay interest ends when we offer to pay that part of the judgment, which does .riot ekceed our limit of �iability forthis coverage, Up to $50 a day for loss of earnings, but not other :income,::::because. of : attendance at hearings or.trialls at ourrequest. PP:.00: 0.1::;06 94 rr that sured's" yl ability arising out of the ownership or operation of a vehicle :while it is beingiused'as a public ar livery conveyance. This' exclusion (A.5.),` does not apply to a share -the -expense carpool hue'ernployed o`r otherwise' engaged in. the "business" of: a. ` Selling;; .. d. Storing; or b, Repairing;` ' „ e.' : ' Parking; c. Servicing; vehicles!.designed for.:, .on public highways._This includes :road:. testing and delivery. This exclusion (A.8.) does not apply to the ownership;maintenance or use' of "your covered auto" by: ,,.a. You; b. Any "family member"; or c. 'Any partner,: agent or employee of you or any "family member." ;Copyright,, Insurance Services Office, .Inc.; 1994. , ' Page' 2 of 13 7. .. Maintaining.; ;or.; .using: any;: -vehicle while that "insured" is employed or otherwise engaged in any ."business" ,(other ..thanZ•.-,farming . or ranching) not described in exclusion A.6. This exclusion (A 7 );. does not apply to the maintenance orUse .of. private passenger auto;; Pickup or van the :(1) : Yotioyirriar '::':'<;:: 2) -You:do' not own while .used as a temporary substitute for ''your covered auto ".whichiis out :ofnormal use becauseof :. � a.. ;; ..... .. .i.+. ; (a) ,Breakdown; Repair, (c) Servicing; (d} Loss; or (e) Destruction, or "Trailer used with a vehicle described in a.. orb.. above. Using a vehielewithout areasonable belief that that "insured" is entitled to do:so, .' f=or "bodily mjury" or "property damage" for which that "insured" a. Is -an ;insured under :;a„nuclear energy hab�l�ty policy; or b. Would..b:e;an;insured:under a nuclear energy liability policy but .' for its termination upon exhaustion of its limit of liability ,4 nuclear energy liability poliicy: is a policy issued by any of the following or their successors: a. American Nuclear: Insurers; to. Mutual Atomic Energy Liability Underwrit- ers; or . ssociation ~of Ca - does not: apply:.:: While such vehicle is being •. used by an "insured” in a med- icaI.ernergency; or , To any ".trailer:" - . Any vehicle,'other -than "your covered auto," which is: a 'Awned: by:you; or b +, Furnished `or, available; for. -you use. Any vehicle, ,other; whichis: regular than your covered auto," weed by any.; !family member"; or b. Furnished or available for.the regular use of any"family member However, this exclusion (B.3.) does not apply to you while you are maintaining or "occupying" any vehicle which is; ... :.Owned by.a "family member".; or...:: b, Furnished or availableJor tha regular:use of a "family;member " Any vehicle, located inside a facility designed for racing, for the purpose of: .; : Competing in; or b. Practicingor preparing for;::... . any prearranged or organized racing .or speed "contest LIMIT OF LIABILITY: ' .:. A. The limit of liability shown in the Dep rationsfor this coverage is our maximum limit of liability for . all damages resulting from any one auto accident. This is the most we will pay regardless..of the number of: Insureds"; mad We•• do , not provide Liability Coverage for the ownerslip�:maintenance or use of nyvehiclerwiich Hasfewer than four wheels; or Is designed . mainly .for..use off public roads. PP OO.01.os 94:... Copyright, Insurance. Service Vehicles involved in.theauto accident: We: will apply the° limit=of.' liability to' provide any separate. limits required by law for bodily injury Arid property damage liability However, :this provision -'(8) will not change our total limit of liability C+ffice,, Inc., 1994 . Page 3 gf 13 No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and: 1. Part B or Part:C of this policy; -or 2. Any Underinsured Motorists Coverage provided by this policy. OUT OF STATE COVERAGE tf an auto accident to which this policy applies occurs in any state or province otherthan the one in which "your covered auto" is'princiipallygaraged we will interpret your policy for that accident as follows: state or province has: A;' ,financial . responsibility.. or , similar - law specifyiinglimiiits of liability for "bodily injury" or 'p.ropertydamage" higher than the limit shown. in the declarations, your, policy will providethe. higher specified limit. -Acompulsory insurance or'similar law crequiring a nonresident to'` maintain insurance whenever the nonresident Uses vehicle in' that state or prov- ince, your. policy will provide at least the required minimum amounts` and types of coverage. ' B. No one will be entitled"io duplicate payments for the same elements of,loss., FINANCIAL RESPONSIBILITY When this policy is certified as future proof of financial responsibility,this policy hall comply With the law to the extent required: OTHER INSURANCE.`''` If there is other applicable liability insurance 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 applicable limits. However, any insurance .provide for a vehicle you do not own shall be :excess over any other collectible. insurance:.: A. 111te will pay reasonable expenses.; incurred, for necessary medical and funeral' services because of r" l odit in u " Y.j..:rY. We will Sustained 'white "occupying" '"your: 'covered auto" when it is beingrused as a public or livery conveyance Tris exclusion {2) does not apply to ashare the=expense car pool Only those expensesfincurred for services rendered within 3'years from the date ofthe accident I°tile Course of employment nsation benefits are required e "bodily injury Sustained while occupying," or when struck by, any vehicle ° (other than t "your covered, auto `)which is occupying;'; or;. a: a'pedestrian when(struck by; motor vehicle designed for use mainly on public roads or a trailer of any. type. Anyother person while "occupying". "your covered auto." EXCLUSIONS We do.,not provide. Medical, Payments coverage:for any "insured!':for"hodilyinjury"; Sustained: while. "occupying'" any motorized 'vehicle having fewer than' four wheels. PP 00'O1::09 94 Copyright, Insurance Se Owned by,yo,u; or Furnished or available, for your regular use. Sustained, while "occupying," or when struck by; any vehicle (other ,than "your covered auto") which is: Owned by any "family member"; or b. Furnished or available for the regular use of any "family member. However, this exclusion '(6:) does not apply to you.., s 'Office, Inc.,`•1.994 Page 4 of 13 Sustained while "occupying":a'vehicle'without a reasonable, -;belief .:that " that- "insured" is entitled to: dos:' Sustained while "occupying" a vehicle when it is beingused in:the "business". of an "insured." This exclusion:(8.) does not apply to "bodily .injury" sustained. while occupying" a: a. Private passenger auto; Pickup or Van that.you own;:or ".Trailerused with a vehicle described, in a. arab above • Caused by or as a consequence of. .' a, Discharge of a nuclear weapon (even if accidental); War (declared or undeclared);.; c . Civil war; d. Insurrection; or Rebellion (evolution. ; From `or. as` a'consequence'of. .the .following, vvhether,:controlled oeunci ntr'olled br'however caused:: a Nuclear reaction; Radiation; or Radioactive contamination: 11. :Sustained ' `while "occupying" any vehicle" located inside a facility designed for racing, for ie purpose of `• INSURING AGREEMENT " We :will pay.:. compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an ' uninsured:motor vehicle"because "of "bedilyiiiRiy" ==,'Competirig in:; or: `. 'racticing or preparing for; arty. prearranged or.organized,.racing or speed contest:. ` LIMIT OF LIABILITY PART C -UNINSURED The limits f liability in the:Declarations for this coverage is ourmaximum limit :of liability for each person injured in any one accident. This is the most we will pay regardless of the number of: 1. "Insureds 2." Claims made;. 3 Vehicles; ,-ar . premiums shown . in the Declarations, or 4. Vehicles`involved in the accident: No one will be entitled to receive duplicate payments for the. same elements :ot. loss., underthis coverage and: „ Part A or Part C. of.this policy; Or'. , ny, Underinsured ...,;: Motorists Coverage provided by this policy OTHER INSURANCE. If there is Other applicable auto medical payments insurance we will pay only our share'of the loss: Our.share is the:proportion that.ourlimit of liability bears to the total of all applicable limits: However,' anyinsurance:we'provide With respect to, a vehicle you, do not; own shall beexcess over ::any other collectible auto .:: insurance providing -payments for.niedicalor funeral expenses: OTORISTS:C.OVERAGE:.. "Insured" as used in this Part means:.; • Yau or any.:'family member." Any other person°"occupying" "your' covered auto." Sustained by`an 2: Caused by an .accident The owner's or operator's liability. for these damages must ariseout of the ownership, maintenance or use of the "uninsured -motor Vehiele."': Any judgment for damages :arising=out of a suit brought without our: written consent is not binding on. Ps. Any perSoil fcrdamagesthat person is entitled to ,recover because of ''.bodily injury" to which this': coverage'. applies;:' sustained:by:a person: described"in 1 ori above • "Uninsured motor :vehicle" (means a land, motor vehicle ::ortrailerof any type:'' `'' ` '.°: To which no:bodily injury:liability. bond orpolicy applies at the time of the accident:.. PP .00.,.Olt 06.94 .. Copyright,,, Insurance. Service Office, Inc.,:1994 Page.,5;6t13. 2. To which a bodilyinjury liability bond or policy applies at the time of the accident. in this case its limit for bodily injury liability must be less than the minimumlimit for bodily injury liability specified by the financial responsibility law of the state in which "your covered auto" is principally garaged. Which is a hit-and-runvehicle whose operator or owner cannot be identified and which hits You or any "family member"; A. vehicle which you or any "family member" are "occupying"; or C. "Your covered auto."` ' To which a bodily injury liability bond or policy applies at the time of the accident but the bonding ;or insuring; company:. - Denies coverage; or ..::. If that: "insured" or the legal repre- tentative .,'settles the ."bodily injury" claim without our consent.. While "occupying "your covered auto".when it is being used as a public or;;Iivery conveyance. This exclusion (8.2.) does not apply to a share, -the - expense car pool. Using a vehicle without a reasonable belief that that "insured" is entitled to do so. C. This' coverage shall not apply directly or indirectly to benefit any insurer or self -insurer under any of the following or similar law: 1. Workers' compensation.law; or 2. Disability benefits law: D. We do not provide Uninsured Motorists Coverage for punitive or exemplary damages. : LIMIT OF LIABILITY • s orb'ecorries insolvent; However, "uninsured motor: vehicle" include any vehicleequipment: Owned by: or furnished Or available for the regular use of you or any"family member." Owned er operated by a'seif insurer under any applicable ,motor 4 vehicle law,, except a selfinsurerwhich isor5becomesinsolvent. The limit of liability tiler ip.the Declarations for this coverage is our' maximum limit` of liability for all. damages resulting from any:one accident. This is the most we will:pay regardless of the number of "Insureds".:: Designed mainly:foriuse oft public roads wh not on public roads 6.. Whlie- located . for use as to ; residence premises; : EXCLUSIONS..,,. We do not provide Uninsured Motorist bodilyinjury"'.sustained::::._,: By an "insured" while "occupying," or when str:..uck.:by,:;arny, motor vehicle owned .by that "insured';::;which is not insured for this coverage :,under.: this,. policy.: Thisincludes: a trailer of any type used,with.that vehicle:; No one \vill.t a entitle d to receive duplicate payments for; the same'.elements Of TOSS' under this coverage Coverage for. 2; By any, ":family member.".while:"occupying," or When struck by, any motor. vehicle :you own which is insured for this coverage on a primary • basis under any other policy; ..• .. We:do not provide Uninsured Motorists Coverage for bodily injury" sustained by any "insured": PP 00: 0106.94 Part A or Part B of this` policy; or Any : Underinsured Motorists Coverage provided by this policy. - We. will ;notMake a duplicate payment under this coverage for any element of loss for which payment has been made. by or on behalf of persons or organizations who may be legally responsible. D. We will not pay for any element`of;loss if a person is entitled to receive payment for the same element of • loss under any of the following or similar law:' 1. Workers' compensation law;or 2. Disability benefits law. .. Copyright, Insurance Services Office, Inc., 1994 Page 6_o1 13 OTHER INSURANCE_; If there is other applicable insurance available under one or more policies or provisions of coverage 1... Any recovery for damages: under 'all . such policiesor provisions of coverage may equal but not exceed :the highest applicable limit for arty one vehicle under,any insurance providing coverage oneither: aprimary.or excessbasis. Any insurance we provide with respect to a vehicle you do not own,shell be:excess over any collectible insurance providing coverage on a primary basis. • 3. If the coverage under this policyisprovided: a... On.a primary, basis, we. will pay only our share of the loss that must:be paid under insurance: providing coverage •on a primary basis Our share:is the proportion that our limit of liability. bears: to the total of all :applicable limits of liability for coverage. rvided on po a primary .basis... b. On an excess basis:we will :pay only our share of the loss that must be paid under insurance providing coverage on an excess basis..Our, share is the proportion that our limit of liability bears to the total of �-.. all applicable limits of liability for coverage provided on an excess. basis: ARBITRATION,.: If we and an "insured" do notagree: As-to'the ...amount :of;damages which are recoverable bythat" insured" ; from the owner: or operator of an "unin- sured motor,uehic{e,':,then;the matter ..may. be arbitrated. However,disputes concern- ing coverage under this. Part may not be ar- bitrated. - Both parties' must: agree to arbitration:1f so agreed, each party will select an arbitrator. The two arbitrators will"select a third: if theycannot agree within 30 days, either may request_ that selection be made by a judge of a couit having jurisdiction Each party will aythe expenses it incurs; and • c. Bear the expenses .of the .third arbitrator •equally. Unless both parties: agree otherwise, arbitration will take place in the, county in which the insured" lives. Local rules of law as to procedure and evidence will apply:- A decision agreed to by two of the arbitrators will be binding as fio: .1. Whether the instired" is legally entitled to recover.damages, and -f-i' • The amount of damages This applies only if the amount does not exceed the minimumlimit for bod"ily miury liability'specified by the financial responsibility law of the:;state in which ".your covered ' auto is (principally garaged, :if •.the amount exceeds that limit; either party may de mand the right to a trial. This demand must.be made within 60 days of the arbitrators' decision. If this demand is not made, the amount of dam ages agreed to by` the arbitrators: will be binding. Whether that "insured": is legally entitled to recover damages, PART: D - COVERAGE FOR DAMAGE:TO YOUR AUTO:.: INSURING AGREEMENT :: A. We will pay for direct and. -accidental loss to "your covered .auto" or. any "non -owned auto,:' including their . equipment, minus lany applicable deductible shownin the Declarations. If loss:; to• more than one "your covered auto"c'or "non -owned auto" results from the same "collision," only the:,highest applicable deductible will apply: We will pay for loss to ".your covered auto" caused by 1. Other Than "Collision" only;if the Declarations indicate. that Other Than Collision Coverage is If there cis a' loss to a "non -owned: ;auto;" we will provide .the, broadest coverage applicable ;to any "your covered auto" shown in the Declarations. "Collision" means theupset of"'your covered auto" or a non=owned auto" • or: their impact with another vehicle or object. . Loss caused bythe following is_considered other than ";collision provided;for that auto. 2. "Collision!', pnly if the; Declarations indicate that Collision Coverage is provided for that auto. PP0001:0E94_.. •Missiles or : ,_; ,,.; falling objects; 2. 3. Theft or larceny; Explosion or earthquake; 5. Windstorm; ;Copyright, Insurance Services, Office,, Inc, ,_.1994 Hail;water;or flood;,:.. Malicious mischief or vandalism; Riot or civil commotion; Page. 7;0.43 . ContattWith bird ' 10„ Breakage of glass or animal; Or • • If breakage of -glass• is caused by a "ColliSiOn," you may:elect to 'ha ve it considered a losS. CaUsed by "collision." , • "Non -owned auto" means: 1. Any. :private passenger auto, pickup, van or "trailer" not owned by or furnished or available • . • _, for the regular use , of you or any "family member" while in the custody of or being operated by You or any "family,member"; or 2. Any auto or "trailer" you do not own while used as a temporary substitute for "your covered auto" which is out of normal use because of its: a. Breakdown; d. Loss; or b. Repair; e. ; Destruction. c. Servicing; • • TRANSPORTATION EXPENSES In addition, we will pay, wfthout application of a deductible, up to $15 per day, to a maximum of $450, for Terpricrary. .transportation::expenseS incurred • , by you in -the event of a kiss to your covered auto." 'We will pay for such expenses if the loss icausedby! , .; • ; ; : a Other; than ".:" only. if the !....rOsiclarationa,indkcateilhat:,..:Other Than PP111004''°6\01*i*iijerj.;..0ce0.=for that: =auto •. 2. Ending when "your Covered auto" or the,"non-owned auto" is returned to. tiae or we pay for its loss. If the loss is caused by other than theft of a "your covered auto" Or a "non -owned auto," rive pay oriveXperiseebeginning when the. auto is' withdrawn from use for more than 24 hours. Our payment will be limited to that period of time reasonably required t� repair or replace the "your Covered aOte" or the: "non -owned auto." EXCLUSIONS We will not pay,for: ' • • 1. ': • -Lots to •covered auto" or any "non-qwned WhiCh; occurs while it is being uSetres. a public 'or' livery conveyance. This exclusEon (1) does not apply to a ' •• shareftheeXpenSe, Oar pool indicate that•r, ic011100qAY96rgb::•• is provded for that auto• • :' • • " ; Loss of use expenses for, which. you become legally responsible in the event of loss; to "non -owned auto." We will pay for loss of use expenses if the loss is caused by: a Other. than.: . only :if the • Declarationsindicate that Other Than - Collision Coveragels- provided for any • -"YoUr Covered' aUtd..'....... .„,. . , . . - b. "Collision" only if the Declarations • indicate that Collision .Coverage is provided for any "your covered auto." If:the-loss is caused by a total theft of "your covered auto" cir:,:e"non-owned autowewill pay only exp'enSeS.iriturred during the period:. • • • Beginning 48 hours afterthelheft; and PP 00 0106 94 !LOSieltie to or as a 69ii$60-1600: Radioactive contamination; • , ' DiaCharge of ahy nUblearWeaporri (eVen if acCidental); c. War (declared Or Undeclared);' d. "- Civil war; r e. Insurrection; or f. Rebellion or revolution. 4. Loss to: a. Any electronic' equipment designed for the reproduction of sound, including, but not limited to; (1) Radios and stereos; (2) Tape decks; or (3) Compact disc players; Copyright, "Insurance ServiCes' Office, Inc., 1994 Page 8 of 13 Any ,,:other. electronic.:: equipment';, that receives or transmits audio, visual or data signals, including, but not limited to: (1) Citizens band radios; (2) Telephones; (3) Two: -way mobile radios (4) Scanning monitor receivers (5} Television monitor receivers, (6) Video cassette recorders; (7) (8) Audioocassette recorders;;.or Personal computers;' Tape s records, discs;': e other. media ,used wth equipment described in a• orb!; Any , other accessories used with equipment described in a or •Thisexclusion'(4:) dbee pot apply to ' a. Equipment ° designed; solely forthe reproduction Of. sound' arid accessories used with suchequiprnent, provided; } The.'.:equipment_ .:is `-'permanently installed in,:'your;covered auto" :or • any."non awned auto"; or ) . The equipment is: (aj Removable ,from. a housing unit .which` h is :permanently installed iri the auto, (b} Designed to be solely operated by USeef the power from the auto's ' elect'ric.al system, and • (c) ; In upon "your covered auto" r any;"'non-owned auto"; et.the tirrie'of the .Ii ss: Any other electronic equipment that is: (1) Necessary for the ;normaltoperation of the auto or the Monitoring .of the auto'soperating systems; or. (2) An integral part of the same unit housing any ,sound reproducing equipment described in a. and per- mariently installed'in the opening of thedash or. console' of"your cov- ered auto" orany "non -owned auto" 7 10. normally used, by. the man- ufacturer for;installation of a radio:..:.:::: A: total loss to:' your..covered auto" or any :'' non -owned auto" due: to :de- struction or confiscation by . govern- mental or civil authorities -'i' This exclusion :)::does not apply to the inter- ests of Loss Payees in ".your covered auto." Loss to .a carriper body or ;"trailer". you own which ?is''not-shown in: the;`Decllarations. This exclusion (6.). does not apply to. a camper body 'or "trader": you a Acquire during the policy period; and b; Ask us to insure within 30days after you become the owner: Loss to any Tion-gwned:aito" when used by you or any "family member without a reasonable belief that ;you. or that "family member" are entitled to dor so 0 Awnings or cabanas; Or . Equipment designed to create additional living facilities Loss to equipment designed or used;for, the detectiort'or Location of radar or laser. Loss fio any custom furnishings or equipment in or upon any'. pickup ar van Custom furnishings or equipment include but'are not limited to: a . Special carpeting and insulation, furniture or bars, b Facilitiesforcooking and sleeping; Height extending roofs, or d. ' Custom murals, pairtings:or:oth Or graphics:, er decals oss to : any "non -owned auto.`.,' being main- tainedor used by any person while employed or Otherwise engaged in the ' business"'of ening F. .:;:.,r : d``'•::`:Storing;:.or•' Parking;...: Servicing; vehicles designed .for use on: publicfiighways. This includes road testing and delivery 12. Loss to any "non -owned auto" .being - main- tained or used .by any.. person while ;employed PP.00.Q1 06;94 .Copyright, Insurance. Services;. Office,.. Inc.; 1.994 or. otherwise engaged in any "business" not described in exclusion 11. This exclusion (12.) does not apply to the: maintenance or use by you or any "family member" of a "non -owned auto" which is a' private passenger auto or "trailer." 13. Loss to "your covered , auto" or any "non -owned auto," located inside a facility , • designed for racing, for the purpose of: a. Competing in; or • 13-• Practicing or preparing for; - any prearranged or organized racing or speed contest. . , 14. Loss to, or loss of use of, a "non -owned auto" , , rented by: • , a You; or b: Any "family member ,„ . • if a rental vehicle companyis precluded from recoVeringebeti1OSS drieSS'Of;:dae, from you or that f "farnily, :rnerriber," pursuant to the provisions of any applicable rental agreement„ : or state law: LimrroO.pABHATY, A. Our limit of liabiUty for less will be the lesser of • • • '' 1. Actual ash value of the, stolen or damaged 2. Amount necessary property wth other cioperty of like kind andquality.•••,. However, the most we w: oav for loss to any , damaged or stolen property. We may, at our ex- pense, return any stolen property to: 1. You; or 2. The address shown in this policy. If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the property at an agreed or appraised value. tf we pay for loss in money, our payment will include the applicable sales taxfor the damaged dr stolen property. NO BENEFIT TO BAILEE This insurance shall riot directlY or indirectly benefit any carrier or other bailee for hire. OTHER SOURCES OF RECOVERY If other sciurces 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 applicable limits. However, _any insurance we provide with 'respect to a 'non owned auto' Shall be excess over any other collectible source of recovery including, but not limited to: ' . Any coverage provided by the owner of the "non -owned auto.`,; 2 My other'epplicable physical damage " • ; • " • • • • dePreolatieri and ',physical B. •condition will fbe inade.,:ihdeterthihiridaCtual cash value in the event of a total loss. • . • C. If a 'repair, or replacement results in better than like kind or qUality we will not pay for the amount of the - • betternneriL'•;,• PAYMENT OF LOSS-•••• ' " "' We may pay fatless', in money or repair or replace the APPRAISAL . ' • A.; you, 1-66'fid:ade amount of loss, either may demand an appraisal of the lossIn this • • • • , eVienti..eadril,-PartYWili Select a competent appraiser. The two appraise s wifl select an Umpire. The , appraisers will :00i0, ,separately the actual cash value •;; and the amount of ft they ¶& to. agree, they will submit • differenceS, to the umpire. A decision agreed to by any two will be binding. Each party Will: 1. Pay its chosen appraiser; and 2, Bear the expenses of the appraisal and umpire equally. - , B. We do not waive any of our rights under this policy by • agreeing to ahappraisal. , 'PART E - DUTIES AFTER AN ACCIDENT OR LOSS , We .iii./0 r.10d0tY,:tp provide coverage under this policy A': - We must be notified promptly of how, when and unread there has- been full compliance with the following -Where the accident or foie happened. Notice should _ . - duties:J. ,ii . , ,, ! ,.. , , .-. . , .. , , • Mae include the names and addresses of any injured el 1 ee e persons arid of any witnesses. •• • , RP 0601,, 06 94 Copyright, IneUrance Services Office, Inc., .1994 , • • Page 10' of 13 A person seeking any coverage must: 1. Cooperate with us in the investigation, settlement or defense of anyy claim or suit. . `: Promptly send us copies of any notices or legal papers received in Connection with the accident or loss. Submit, as often as wereasonably require: a To, physical::exams. by; physicians we. select We will pay for these exams. b. To examinationunder'oathand subscribe the same. ,: Authorize us to obtain:. a. Medical reports; and b Other pertinent records Subrriifaproaftof loss when required by us. A person -,seeking ,Uninsured; !.Motorists Coverage must atso 1.:: < ;Promptly notify the;police if :a hit-and- run driver is involved .:... 2. Promptly, send us copies: of the.. legal papers if a suit is brought. A persomustalsoseekin:ng Coverage for ba to. Your Auto 1. Take . reasonable steps ' after loss to protect "your covered auto'".or.,any "non -owned auto" and theirequipmentrfr im further loss: We will pay reasonable expensesincurred to dothis. 2 : Promptly :notify ; the: police if "your . covered auto" or any "non -owned auto"; is:stolen. .:3..._,_ Permit;us toinspect:and<appraise the damaged property before its repair or disposal. PART F_ -.GENERAL PROVISIONS: BANKRUPTCY ' -`Barkruptcyoranolvency of`the '"insur'ed" shall not relieve ' us of any.obligations urrclerttrts°policy: implemented With'a general program revision that includes both broadening's:"`and' :restrictions : in coverage, whether that _general program revision is.. implemented through introduction of: Asubsequent.edition of your policy; `or An Amendatory Endorsement. This policy contains, all the agreements between you. and :us. its . -terms mayy not -be changed or waived exceptendorsement issued`byus tf there isa change to;the information used to develop he, policy premium, twe rna-Yi adjust your ,premium. Changes during the; policy term :that may -result in a premium Increase or :decrease include, but are not limited to, changes:in: . The ' number, insured: vehicles; e . or •use : classification of FRAUD . We do: not -provide. coverage for any insured" .Who has made :fraudulent statements or engaged in fraudulent 'conduct in connection with any accident, or loss. for which coverage is sought under this policy LEGAL ACTION.. AGAINST UB A No legal action may Joe brought against us until there has been full cornp{iance with ail the' terms of this policy in addition, under partaA, no£legal action may be brought against us until. Operators using insured. vehicles; The place of -principal garaging of insured vehicles;.... ,..: • Coverage, deductible or,limi if'a change resulting from A or'B `requiresa premium. adjustment, we wily make the premum adjustment in accordance with our manual rules: ; we;make a change which broadens coverage under :this edition of,yaur policy without additional premium charge, that change will automatically apply :to your olicy;as of the date we rmplementthe changers your state: This paragraph`(C:) does not`apply to changes. PP,0001,0.694. We agree, in writing that,:the "insured"': has an obligation to pay; or. The amount of that obligation has beep finally determined by judgmentafter• trial No person or organization has any ;right underthis olio ;to brin ;us; into: an .action:. to determine the liability i7 f en " "trisured ; OUR RIGHT TO RECOVER PAYIVIENT A. If we make , a payment under }-this policy and. the person to or for whom payment was made has a right Cppyright,,,Insurance Services Oflice, lnc.,,1994 Page;11 Qf,13 to recover' damages from another' We; shall be subrogated to that right. That person:shall do: 1. • ••'Whatever: is necessary to enable us to exercis Our rights; and • 2: 1 ,,Nothing after loss to prejudice them. However, our rights in this paragraph (A.) do not apply under Part D against any person using "your covered' auto" with a reasonable belief that that person is entitled to do so. • B. if we -make a payment under this policy and the person to or for' whom payment is made recovers damages from another, that person shall: 1. Hold + in: trust' for 'us ` the • proceeds of the :..- recovery; and. 2:• 5 "`keimburseus to the extent of our payment. POLICY PERIOD AND TERRITORY• A. = This policy applies only to accidents and losses which occur:. using :• the,.:: policy period as.. shown in. the Declarations, and >If cancellation is for non- payment of premium; or (2} If notice= is mailed during the first 60 days this policy is' in effect and this is not a renewal- ' or' continuation policy; or b. ' At least 20 days'notice in all other cases. `After this policy is in effect for 60 days, or if this is a' renewal 'or 'continuation policy, we will cancel only: a. For nonpayment'of premium; or b. if your driver's license orthat of: (1) ' Any'driver who lives with you; or (2) Arty ' driver who 'customarily uses "your, covered auto"-; has been suspended or.. revoked. This must have occurred: (1) . During the policyperiodipiT:.,:; :Since the; last anniversary: of:, the original, effective; date ifthe: policy period is other than 1 year, or Within the policyter The policy territory is i'. The United States o America, its territories or lamSsessions, Puerto Rico;+or. is policy also 'applies'to involving; .: "your., covered:: " atito . transported between.-their•.ports, ;:. TERMINATION .;. Cancellation:' Ths`'poiicy May be cancelled`during the policyperiod as follows: , 1 The named insured shown in the Declarations may cancel by: Returning this policy to us; or. Giving usxadvance'written notice of the date cancellation is to take effect. 5.: c. . If the policy wee obtained through material misrepresantatitrt 3 „J cR 3 Nonrenewal If we decide>not to enevv,or continue s' policy;, five will mail notice to'the named insured shown'in' the Declarations at the address shown in this policy Notice'- will be°mailed"atiieast:20'days before the end of the policy period:' If the,; policy period 1Ne may cancel by"mailing to the'named'insured shown in the Declarations at the address shown in this;policy; At least 10 days notice: 'PP 00' 01 06 94 Less than 6 months, we will have, the right notto renew:orrcontinue thiapolicy ,'every 6 months, beginning 6 months aftr1ts 'original effective date. 2: 1 year or longer, we will have the right not to renew or' 'continue` this` policy at' each anniversary of its original effective date. C. Automatic' Termination If we Offer to renew or continue and you or your representative, do not accept, this policy willautomatiically terminate at the end of the current. policy 'period. Failure to pay the required renewal or continuation premium when due shall mean thatyou have not acceptedour offer. - If you obtain other insurance on "your covered auto," any similar insurance provided by this policy will terminate as to that auto on the effective date of the other insurance. Copyright, insurance'ServicesOffice, Inc., 1994. ''Page"12'of 13 D. Other Termination Provisions. 1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. 2. If this policy is cancelled, you may be entitled to a premium refund. of so, we will send you the refund. The . premium refund, if any, will be computed according to our. manuals. However, making or offeringtomake the refund isnot a condition of cancellation. 3. The effective date of cancellation stated in the notice shall become the end of the policy period. TRANSFER OF YOUR INTEREST IN THIS POLICY A. Your rights and duties underthis policy may notbe assigned without our written consent. However, if a named . insured shown . in ` the Declarations dies, coverage will be provided for: The surviving soap if resident in the same household at the time of death. Coverage applies to the spouse as if a named insured shown in the Decla- rations; and 2. The legal representative of the de- ceased person as if a named insured shown in the Declarations. This applies only with respect to the representative's legal responsibility to maintain or use "your covered auto:" B. Coverage .will only be provided until the end of the policy period. TWO OR MORE AUTO POLICIES If this policyand any other auto insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under any one policy. PP.00 01 06 94 . Copyright, Insurance Services Office, Inc .,1994 Page 13 of 13: TOWING AND LABOR COSTS COVERAGE PP03030486 SCHEDULE Description, of Your Covered Auto . . Limit of. Towing and Labor Costs Coverage . . Premium We will pay towing and labor .costs incurred each . time "your covered auto" or any "non owned auto" is disabled, up to the amount shown in the Schedule or in the Declara- tions as applicable to that vehicle. If a "non -owned auto" is disabled, we will. provide the broadest towing and labor costs coverage applicable to any "`your covered auto" shown in the Schedule or in the Declarations. We will only pay for labor performed at the place. of disablement. This endorsement must be attached to the Change Endorsement when issued after the policy is written. Refer to policy declaration page for vehicles covered. Coverage provided if form PP 0303 applies to vehicle. Copyright, insurance Services Office, Inc., 1985 PP 03.03.04 6 LOSS PAYABLE CLAUSE Loss payee: Loss or, damage under this policy shall be paid, as interest may appear, to you and the loss payee shown in the Declarations or in this endorsement. This insurance with respect to the interest of the loss payee, shall not become invalid because of your fraudulent acts or omissions unless the loss results from yourconversion, secretion orembezzlement of . "your covered auto". However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the namedinsured shown in the Declarations. When we pay the loss payee we shall, to the extent of payment, be subrogated to the loss payee's rights of recovery. This endorsement must be attached to the Change Endorsement when issued after the policy is written. PP 03 05 08 86 Copyright, Insurance Services Office, Inc., 1986 SPLIT LIABILITY LIMITS .. PP0309 0486 Refer to declaration page for limit of Liability and Premium. SCHEDULE Bodily Injury Liability Property Damage Liability The first paragraph of the Limit of Liability provision in Part A is replaced by the following: LIMIT OF LIABILITY The limit of liabilityshown in the Schedule; or. in the Declarations for each person for Bodily Injury Liability is our maximum limit of liability for:. all damages, including -'damages for care, loss of services or death, arising out of "bodily injury" sustained by any one person in any auto accident Subject to this limit for each person, the limit of liability shown in the Schedule or in the Declarations for each accident for. Bodily Injury Liability is our maximum limit ofliability for all damages for "bodily injury" resulting from any one auto accident. 'Thelimit ofliability shown in $ each person each accident each accident the Schedule or in the Declarations for each accident for Property Damage Liability is our maximum limit of liability for all "property damage" resulting from any one auto accident. This is the most we will pay regardless of the number of: "Insureds;" 2. Claims made; 3 Vehicles or premiums . shown in the Declarations; or 4 Vehicles involved in the auto accident. This endorsement must be attached to the. Change Endorsement when issued after the policy is written. PP0309 0486 Copyright, Insurance Services Office, lnc.,1985 ADD..FITIONAL INSURED . LESSOR . PP.03.1.9 08 86R Insurance Company Policy Number Effective Date Named Insured Address Additional Insured (Lessor) Description of your leased auto: Coverages: 1. (a) Single Limit Liability dor .. ... (b) • Bodily Injury Liability Property Damage Liability 2: No -Fault Coverage CHEDULE Expiration Date each accident each person each accident each accident each person. (Enter "X" to indicate. Damage to Your Auto Coverage provided) 0 Collision Loss ACV minus $ ❑ Other Than Collision Loss ACV minus $ Any liability .and :any required no-fault coverages afforded by this policy for "your leased auto "also apply to the lessor named in this endorsement as an additional insured. This. insurance is subject to the following additional provisions: 1. We will pay damages for which the lessor becomes legally responsible only if the damages arise out of acts or omissions of: deductible deductible "Your leased auto" means: an auto shown in the Declarations or in this endorsement which you lease fora continuous period of at least six months under a written agreement which requires you to provide pri- mary insurance for the lessor, and any substitute or replacement auto furnish the lessor named in this endorsement.. (a) you or any:"family member, "or (b) any other person except.the-lessor or any. ployee or agent of the lessor using "your lea auto.". This endorseme If we terminate this policy, notice will also the lessor: The lessor is not urns. The designation of the lessor as an additional insured shall not operate to increase our limits of liability. d by be mailed to ponsible far payment of pre be attached to the Change Endorsement when issued after the policy is written. PP 03:19 08 88R Copyright, Insurance Services Office,lnc., 1986, 1992 Page 1 of 1 S ENDORSE ENT CHANGES THE POLICY. PLEASE R AUTO LOAN/LEASE COVERAGE PP 03350993 DIT CAREFULLY. With respect to the coverage provided by endorsement, the provisions of the policy apply unless modified by the endorsement. Description of Your Covered Auto(s) Other Than Collision Additional Premium, .Collision Additional Premium In the event of.acovered total loss to a "your covered auto" shown in the Schedule or.in.the Declarations: for which a.specific.. premium charge indicates that Auto Loan/Lease Coverage applies, we will pay any unpaid amount due on the lease or loan for "your covered auto less: 1. the amount paid under Part D o 2. any: a. b. e policy; and overdue lease/loan payments at the time of the loss; financial penalties imposed under a lease for:excessive use, abnormal wear and tear or high mileage; urity deposits notrefunded by a lessor; costs for extended warranties, Credit Life insurance, Health, Accident Or Disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. This endorsement must be attached to the Change Endorsement when issued a r the policy is written. PP .03 35 09 93 Copyright, .Insur ce Service Office, Inc., 1993 PP.0551 06 94. THIS ENDORSEMENT: CHANGES THE POLICY: PLEASE READ IT CAREFULLY: FIRST PARTY BENEFITS COVERAGE - PENNSYLVANIA With respect to. cov.erage,provided by this endorsement, the provisions of the policy apply'unless modified by the endorsement: SCHEDULE BASIC:FIRST: PARTY: BENEFIT Benefit . . ' Medica[ Expenses $5,00Q'' If indicated below or in the Declarations, the following options apply, instead of; the Basic First: Party. Benefit: [:,Added First Party Benefits Benefits t' Medical Expenses Work Loss Funeral Expenses "Accidental,Death : , Combination First Party Benefits $ subjectto a=maxirriUM of .$. : per Month Benefits::: Medical Expenses:: Work.Loss Funeral Expenses Accidental Death . Maximum: Limit of Liability For The Total of All Combination First :Party. Benefits;:::.'.;:..:..::.. No specific dollar amount No specific dollar amount. $2,500 $ ,NOTE:, Added First Party` Benefits or Combination First Party Benefits are not shown as applicable in the Schedule or Declarations, onlythe Basic First Party Benefit applies. DEFINITIONS The Definitions section is amended as follows: • "The:Act'' refers to the Pennsylvania Motor Ve- hicle'Financial Responsibility.Law. The following ietinitions are replaced: 1. :"Bodily injury means l accidental bodily :harm. to a person and that person's result- ing illness, disease or death. . "Your coveredauto"means a "motor ve- -hicie To which, PartA c f this policy applies and for which a specific premium is charged; and or which First Party Benefits Cov- erage;required, by`_the:Act is main- tained.;._ The following definition 'sodded:: ;, otor vehicle means a'self propelled vehicle operated or designed for use upon public roads. However, "motor vehicle" does not include a :vehicleoperated: • 1. By muscular. power;. or . PP -:.05.51.06 94 Copyright, .lnsurance..Services :Office ,: Inc., ,1993 Page ,1° of:..4.. 2.-0 On rails or tracks. "Insured". as used in thisendorsement. means 1. You or any "family member" .;.. 2.... Any other person while:: "Occupying" "your covered auto"; or b. ...Not "occupying".a "motor vehicle" if injured as a result of an accident in Pennsylvania involving "your cov- ered auto". If "your covered auto" is parked and un- occupied it is not a "motor vehicle in- '' `volved:in'anaccident unless itis parked in a manner which creates an unreasonable risk of injury. II. FIRST PARTY BENEFITS COVERAGE, INSURING AGREEMENT A. BASIC FIRST PARTY BENEFIT.. We will pay, in accordance with the Act, the Basic First Party Benefit to or for an 'insured" who sustains "bodily, injury": The "bodily in jury must be caused by an accident arising out of the Maintenance or use of a"motor vehicle". Subject to the limit' shown in the Schedule. ori Declarations, the Basic First Pa Benefit con- sists.of: if the Schedule or Declarations indi- cates that Added First Party Benefits apply,;: we will. pay -Added First Party Benefitsinstead of the Basic First Party Benefit to or for an "insured" who sustains "bodily injury". The "bodily injury"must be 'caused by an accident arising out of the maintenance or use of a "motor vehicle". These benefits are sub- ject to the provisions of the Act. Subject to the :limits :shown : in .the Schedule or Declarations, Added First Party Benefits con- sist of the following: 1. Medical expenses as described in, the Basic First Party Benefit. Work loss. a. Loss of income. Up to 80% of gross income actually lost by an "insured" as a result of the accident.; b.. Reasonable expenses, actually, in- curred to reduce foss of income by hiring: Medical expenses. Reasonable and necessar medical expenses incurred;for an'"insured's 1.. Care; by enabling. to work, or ' income or :sex-_ for sarvides ..per-. e death of -. ',an 2. Recovery; or. Rehabilitation. This includes remedial care and. treatment ren- :dered in accordance with a recognized religious method of healing. :,..: Medica! expenses will be paid if incurred within ;18 months.from'.the date ofthe accident caus- 'ing."bodily-.injury".:..::..•However, if within 18 months from the .date of the accident, it can be determined with reasonable medical probability that"additional expenses may be incurred after this period, the 18 month time limit will not apply to the ;payment of the additional medical ex- . pensee..,. B. ADDED FIRST PARTY BENEFITS PP.05 X5:1 06:.94 Any loss of income; Or_`expenses in- .curred:for services'performed, dur- ing;:the; first :5..;:working days the • "insured" did not work due to "bod- ily injury" Funeral expenses. Funeral ar burial ex- penses actually incurred if "bodily injury" causes an "insured's" death within 24 months from the date of the accident. Accidental: death. A death benefit paid if "bodily injury" causes the death of you or any ."family. member" 'within 24 months from the date of the accident. We will pay accidental death to the execu- tor or administrator of the deceased "in- sured's" estate. If there is no executor or administrator, the benefit shall be paid to: Copyright, insurance Services Office; lnc:, .1993: Page 2:of:4' .The;deceased ."in surecl's" surviving spouse; or,_: If there is no surviving spouse, the deceased `,"insured's surviving ,children, or, if .there:: is. no surviving spouse or children, ;to,. the deceased. "in-. sured's"estate COMBINATION FIRST PARTY BENEFITS If the Schedule .or: Declarations ijndicates. that Combination First Party Benefits apply, we will pay Combination First Party Benefits instead of -the Basic: First,party to or for an "in- sured" :who sustains"bodily, injury". The "bodily injury" must; be caused by an accident arising out of the maintenance or use of a "mo- -tor :.These benefits are subject. to the provisions of the Act Subiect to the limits shown in the Schedule or Declarations, Combination First Party Benefits consist of„ the following, as` described in the Basic First Party Benefits and Added First Party Benefits:. . EXCLUSIONS,. • edical expenses.; Work loss. 3. Funeral expenses. Accidental death: A. We do :not provide' Firsts Party Benefits .Cover- age for bodily injury",fsustained by any sured ::: l.. f1 intentionally: causing: or, attempting to=cause`bodily,; injury to himself: or any other person._We will not pay accidental death`on behalf of that'.' insured stile co miffing afelony. The owner_of:.one.or more registered'-:"motor...,vehi- cles",none of which have in . effect the financial' re- sponsibility, required;_ by the'Act, or b, ."Occupying" a "motor vehicle" '.'owned;by:that "insured" for which the;. financial responsibility required by the Act is not in effect. Maintaining ',or .Using a "motor vehicle" while located for use as a. residence or premises ; ; ....., ..x 7. While; occupying 'a a. Recreational vehicledesigned for use cff'public roadss'or Motorcycle, ,moped or similar -type vehicle.. We do._ not provide First Party Benefits Cover-. age for ``bodily injury'• i. Sustained b afpedestrian if the accident occurs outside of Pennsylvania. This ex- clusion,(B.1) does, not appy;to:. While seeking to elude.lavrful apprehen- sion or arrest by a law: enforcement offi- cial. While maintaining or using a "motor vehi- cle" knowingly converted. by that "in- sured". This . exclusion . (A.4.) does not applyto: a. You; or ou;q r ily mem e aused by oras a consequence of: ID'scharge.':-Of ''a ;'nuclearweapon. {eVenit accidentals, War (declared or undeclared); Civil war, ... :insurrection; or.,,: ebellior or revolution. Frain or eve consequence of the follow- 'ing; Whether' controlled or uncontrolled or however. caused:. Nuclear=reaction;. Radiation; or Radioactive contamination.. LIMIT OF LIABILITY. A. The limits of liability shown in the Schedule. or Declarations for the first party benefits that ap- ply are the most we Will,pay to or for. each 5.. Who, at the time of the accident, is: Copyright, Insurance Services. C3,ff. ice,., Inc., PP;05.51 06, 94 1 93 page. of.4 This sured" ath the result of any one accident, regardless of the number of: Claims made; . Vehicles or premiums shown in the Dec- larations; Vehicles involved in the accident; or Insurers providing first party benefits. If Combination First Party Benefits aro afforded, we will make available' at least the Minimum limit required'' by the'` Act for 'the . Basic F=irst Party Benefit. This provision (B.) inrill not change our maximum limit of liability..;..:.., y amounts 3payable under th excess over, any amounts: Paid; Payable; or coverage shall . Required to be provided; to; an -"Ensured'" under any workers' compen- sation law or similar law. PRIORITiES;OF POLICIES • A, We will pay first; party.benefts ,in:.accordance with the order of 'priorities set forth by the Acta V1te will riot pay'.if'there,;is another insurer'at a higher level of prro 1ty The First category listed below is the highest level of priority and thea Fourth category�is fhe lowest'Ievel of;;priority The priority order:is Fust :. The insurer providing benefits to the "insured" as: a named in= sured. Gond, The insurer providing 'benefits to the ,"insured" as afamily member who is not a named insured under another,; policy' providing -cover- age. under.theAct. Third The. insurer of the "motor vehi- cle" . which the,"insured" is "oc- cupying" at the time of the accident. Fourth The insurer of any "motor vehi- cle" involvedin the accident if the "insured" is not . a. "Occupying" a "motor ve- hicle"; and, b' Provided first party bene- fits under any other auto- mobile policy. An unoccupied parked "motor vehicle" is not a "motor vehicle" involved in an acci- dent unless itis parked in a manner which creates an unreasonable risk of injury. B. If 2 or more policies have equal priority within the highest applicable priority level: Th'e insurer against whom the claim is first Madeshalt Processarid pay the claim as if wholly responsible. The insurer is then entitled to''recover contributionpro rata frorn'.any: other insurer for the benefits paid and -the costs of processing the claim. If such contribution is sought among insurers under the Fourth priority, proration shall be based can the number of involved motor vehicles If' we'ere` the' insurer: against' whom the claim is first made, our payment to or for an "insured" will not exceed, the applica-. ble Iiniit,of liability for First Party Benefits- Coverage shown rn the Schedule or Dec larations ©N D ..? is maximum recove I! not1exceed• sthe ar e policy WI (CATION i under all polici untpayabie unt hest limit of liabilifi F:BENEPi' e e No.+onewiil beientitled to recover duplicate payments for.: the same elements of:loss under this or any other similar insurance.includrng self insurance PART F GENERAL PROVISIONS Part Fis amended as,follows The Our Right To Recover. Payment provision does not apply. niiorserrientmustbe'attached tothe Change Endorsement when issued after the p PP 05 51 06 94 Copyright, insurance Services 9 icy is written. Page 4 of 4 PERSONAL AUTO .. . PP. 13 01 12 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR DAMAGE TO YOUR AUTO EXCLUSION ENDORSEMENT With respect to the coverage provided by this endorsement, the provisions of the policy apply unless modified by the endorsement. I. Definitions The following definition is added:.. "Diminution in value" means the actual or perceived loss in market or resale value which results from a direct and accidental loss. Part D - Coverage For Damage To Your Auto The following exclusion is added:. We will not pay for: Loss to "your covered. auto" or any "non -owned auto" due to "diminution in.value". This endorsement must be attached to the Change Endorsement when issued after the policy is written. PP 13 01 12 99 Copyright, Insurance Services Office, Inc., 1999 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania v. Jill Christine Cavanaugh Docket Number: CP -21 -CR -0002898-2012 CRIMINAL DOCKET Court Case Page 1 of 6 gaitslAUVIO Judge Assigned: OTN: T 221243-1 LOTN: Initial Issuing Authority: Richard S. Dougherty Jr. Arresting Agency: E Pennsboro Twp, Police Dept Complaint/Incident #: 20120500101 EPE Case Local Number Type(sj Date Filed: 10/15/2012 Initiation Date: 08/16/2012 Originating Docket No: MJ -09103 -CR -0000217-2012 Final Issuing Authority: Richard S. Dougherty Jr. Arresting Officer: Coverdale, Steven J. Case Local Number(sj •EL• EDS Related Docket No Related Case Caption Civil Judgment - Fines/Costs/Restitution 14-1282 Related Court Civil Association Reason Civil Judgment Docket Number MANAU I • A I. Case Status: Closed Status Date Processing Status 01/21/2014 Sentenced/Penalty Imposed 11/20/2013 Awaiting Sentencing 11/01/2013 Awaiting Pre -Trial Conference 10/15/2012 Awaiting Formal Arraignment 10/15/2012 Awaiting Filing of Information 10/15/2012 Awaiting ARD Hearing Complaint Date: 08/16/2012 (:14-11i Yr3 ,, Case Calendar Event Type Formal Arraignment Formal Arraignment Pre -Trial Conference Sentencing Date Of Birth: Schedule Start Start Date Time 01/24/2013 9:00 am 09/26/2013 11/20/2013 01/21/2014 02/10/1966 9:00 am 9:00 am 9:00 am Room Jury Assembly Room Jury Assembly Room 4th Floor Courtroom 6 Judge Name Judge Thomas A. Placey Schedule Status Cancelled Scheduled Scheduled Scheduled City/State/Zip: Camp Hill, PA 17011 ce:agRI Participant Type Defendant Name Cavanaugh, Jill Christine CPCMS 9082 Printed: 10/08/2014 Recent entries made in the court riling offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ALL -STATE LEGAL° EXHIBIT COURT ''fi Hyl fk.`�' ` Y . Cavanaugh, Jill Christine Bail Action OF COMMON/PLEAS OF CUMBERLAND COUNTY ' r_. ,,..z.. ._'..�>;;.: ti.. ?fig y.� ..fir ra.•,i»,,.. o...y/% Docket Number: CP-21-CR-0002898-2012 CRIMINAL DOCKET Court Case j Commonwealth of Pennsylvania Page 2 of 6 v. Jill Christine Cavanaugh Date Bail Type I Percentage Amount Nebbia Status: None Bail Posting Status Posting Date Set 08/20/2012 ROR $0.00 � G •° // Offense Dt. OTN Vic\\ \ ` i j iia S i / Seq. Orig Seq. Grade Statute Statute Description 1 1 F3 18 § 4117 §§A2 False/Fraud/Incomp Insurance Claim 05/05/2012 T 221243-1 2 2 M3 75 § 3743 §§A Accident Involv Damage Attended Vehicle/Prop 05/05/2012 T 221243-1 3 3 Disposition S 75 § 3744 §§A Fail Stop And Give Infor Render Aid P )*VP41EtI�t1git�t ECA E Disposition Date 05/05/2012 T 221243-1 Final Disposition Case Event Sequence/Description Offense Disposition Grade Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date Sentence Conditions Not Final F3 18 § 4117 §§ A2 M3 75 § 3743 §§ A S 75 § 3744 §§ A Not Final F3 18 § 4117 §§ A2 M3 75 § 3743 §§ A S 75 § 3744 §§ A Final Disposition F3 18 § 4117 §§ A2 Waived for Court (Lower Court) Defendant Was Present Lower Court Disposition 10/10/2012 1 / False/Fraud/Incomp Insurance Claim Waived for Court (Lower Court) 2 / Accident Involv Damage Attended Vehicle/Prop Waived for Court (Lower Court) 3 / Fail Stop And Give Infor Render Aid Waived for Court (Lower Court) Proceed to Court Information Filed 09/24/2013 1 / False/Fraud/Incomp Insurance Claim Held for Court 2 / Accident Involv Damage Attended Vehicle/Prop Held for Court 3 / Fail Stop And Give Infor Render Aid Held for Court Guilty Plea Pre-Trial Conference 11/20/2013 1 / False/Fraud/Incomp Insurance Claim Dismissed Placey, Thomas A. 01/21/2014 2 / Accident Involv Damage Attended Vehicle/Prop Guilty Plea Placey, Thomas A. 01/21/2014 Probation Min of 1.00 Years Max of 1.00 Years Unsupervised Supervision for Collections M3 75 § 3743 §§ A 01/21/2014 CPCMS 9082 Printed: 10/08/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 05, Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Commonwealth of Pennsylvania v. Jill Christine Cavanaugh S *V1O fj l�[,TENC1,,c Docket Number: CP -21 -CR -0002898-2012 CRIMINAL DOCKET Court Case Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date To participate in a public or non-profit community service program for 24 hours. Page 3 of 6 3 / Fail Stop And Give Infor Render Aid Placey, Thomas A. Dihmissed S 75 § 3744 §§ A 01/21/2014 Om'r o ' Name: John C. Dailey Assistant District Attorney 089283 Supreme Court No: Phone Number(s): 717-240-6210 (Phone) Address: Cumberland CO Da's Office 1 Court House Sq RM 202 Carlisle, PA 17013-3322 Sequence Number CP Filed Date 1 08/20/2012 Bail Set - Cavanaugh, Jill Christine Name: IINFOOA 1 Edward F. Spreha Jr. Private Supreme Court No: 078661 Rep. Status: Active Phone Number(s): 717-234-7051 (Phone) Address: Mancke, Wagner & Spreha 2233 N Front St Harrisburg, PA 17110 Representing: Cavanaugh, Jill Christine Document Date 10/15/2012 Original Papers Received from Lower Court Filed By Dougherty, Richard S. Jr. Court of Common Pleas - Cumberland County 08/26/2013 Court of Common Pleas - Cumberland County Notice to appear for formal arraignment 9/26/13 at 9AM copies delivered/mailed by court admin 1 Entry of Appearance 09/24/2013 Spreha, Edward F. Jr. CPCMS 9082 Printed: 10/08/2014 Recent entries made in the court filing offices may not be immediately'reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania v. Jill Christine Cavanaugh Sequence Number CP Filed Date Document Date 2 09/24/2013 Information Filed Docket Number: CP -21 -CR -0002898-2012 CRIMINAL DOCKET Court Case Page 4 of 6 Filed By Commonwealth of Pennsylvania 1 11/01/2013 Acknowledgment of Arraignment, filed Directed to appear 11-20-13 @ 9:00 am for PTC and to appear 12-2-13 at 9:00 am for trial. 1 Guilty Plea 11/20/2013 2 11/20/2013 Guilty Plea Colloquy and Plea of Defendant, Filed 11/20/13. 1 11/21/2013 DL -21 to be Prepared Spreha, Edward F. Jr. Placey, Thomas A. Spreha, Edward F. Jr. Lebo, Dennis E. 1 11/26/2013 11/20/2013 Placey, Thomas A. Guilty Plea Order of Court, Filed 11/20/13. The Def. is to appear for sentencing on 1/21/14, at 9:O0am, in Courtroom No. 6. A PSI is requested from Probation. 11/27/13 - Copies delivered/mailed. 1 01/21/2014 Order - Sentence/Penalty Imposed Placey, Thomas A. 2 DL -21 was prepared 01/21/2014 Lebo, Dennis E. 1 01/22/2014 DL -21 Sent to PennDOT 2 Penalty Assessed Unknown Filer 01/22/2014 Court of Common Pleas - Cumberland County 1 01/24/2014 01/21/2014 Placey, Thomas A. Sentence Order of Court, Filed 1/21/14. 1/24/14 - Copies delivered/mailed. CPCMS 9082 Printed: 10/08/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Sequence Number CP Filed Date 1 03/04/2014 Entry of Civil Judgment Commonwealth of Pennsylvania v. Jill Christine Cavanaugh NTRIESr Document Date 1 03/18/2014 Guideline Sentence Form, Filed. Payment Plan No Responsible Participant 21-2014-P000000162 Cavanaugh, Jill Christine Payment Plan Freq. Monthly Docket Number: CP -21 -CR -0002898-2012 CRIMINAL DOCKET Court Case Page 5 of 6 Filed By Lebo, Dennis E. Cumberland Co District Atty Of PtAN,. Next Due Date 10/i)1/2014 Active Overdue Amt Suspended Next Due Amt Yes $100.00 No $100.00 Payment Plan History: Receipt Date Payor Name Participant Role Amount 03/17/2014 Payment Cavanaugh, Charles J. Payor $100.00 04/15/2014 Payment Cavanaugh, Charles J. Payor $100.00 05/15/2014 Payment Cavanaugh, Charles J. Payor $100.00 06/16/2014 Payment Cavanaugh, Charles J. Payor $100.00 07/15/2014 Payment Cavanaugh, Jill Christine Defendant $100.00 08/15/2014 Payment Cavanaugh, Charles J. Payor $100.00 09/15/2014 Payment Cavanaugh, Jill Christine Defendant $100.00 CPCMS 9082 Printed: 10/08/2014 Recent entries made in the court filing offices may not be immediately reklected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Last Payment Date: 09/15/2014 Cavanaugh, Jill Christine Defendant Commonwealth of Pennsylvania v. Jill Christine Cavanaugh IA�SF.�Fil�di Assessment Docket Number: CP -21 -CR -0002898-2012 CRIMINAL DOCKET Court Case Page 6of6 Total of Last Payment: -$100.00 Payments Adjustments Non Monetary Payments Costs/Fees ATJ $3.00 -$3.00 Administrative Fee (Cumberland) $45.00 -$45.00 Automation Fee (Cumberland) $5.00 -$5.00 CAT/MCARE/General Fund $30.00 -$5.14 CJES $2.25 -$2.25 Commonwealth Cost - HB627 (Act 167 $9.60 -$1.65 of 1992) County Court Cost (Act 204 of 1976) $31.20 -$5.34 District Attorney (Cumberland) $21.00 -$21.00 Emergency Medical Services (Act 45 of $10.00 -$1.72 1985) Firearm Education and Training Fund $5.00 -$0.86 JCPS $10.25 -$10.25 Judicial Computer Project $8.00 -$8.00 Plea Fee (Cumberland) $189.00 -$189.00 Sheriff Costs (Cumberland) $1.50 -$1.50 State Court Costs (Act 204 of 1976) $11.20 -$1.92 Traffic Report Costs (Cumberland) $8.00 -$8.00 Non DUI Central Processing Cost $300.00 -$300.00 (Cumberland) Judgment/Satisfaction Fee $36.75 $0.00 (Cumberland) Community Service Fee (Cumberland) $5.00 -$5.00 Costs/Fees Totals: $731.75 -$614.63 Fines Title 75, Motor Vehicle (Motor License $250.00 -$42.72 Fund) Title 75, Motor Vehicle (Motor License $250.00 -$42.65 Fund) Fines Totals: $500.00 -$85.37 Grand Totals: $1,231.75 -$700.00 - Indicates assessment is subrogated $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $24.86 $0.00 $7.95 $25.86 $0.00 $8.28 $4.14 $0.00 $0.00 $0.00 $0.00 $9.28 $0.00 $0.00 $0.00 $36.75 $0.00 $0.00 $0.00 $117.12 $0.00 $207.28 $0.00 $207.35 $0.00 $414.63 $0.00 $531.75 CPCMS 9082 Printed: 10/08/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer Who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.