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Home My WebLink About05-3252 John W. Purcell, Jr. 1.0. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LAW PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN, : NO. 0;;- - .J;?$~ C'uLCT<U2-Yf1 Defendants 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims. the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes. usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de Sll persona. Sea avisado que si listed no se defiende, la corte tomara medidas y puede entrar una orden contra listed sin previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedldo en la peticlon de demanda. Usted puede perder dlnero 0 sus propiedades 0 otros derechos Importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 John W. Purcell, Jr. 1.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW :NO. O~- 2,J...!;J..... {!;o"Ll ~~ HARSCO CORPORATION, Plaintiff Defendants COMPLAINT 1. The Plaintiff is HARSCO Corporation, a corporation organized and existing under the laws of the state of Delaware, with an address of 4718 Old Gettysburg Road, Mechanicsburg, Cumberland, PA 17055. 2. The Defendant Palisade Oil Company, is a corporation organized and existing under the laws of the state of South Dakota, with an address of 25353485th Avenue, Garretson, South Dakota 57030. 3. The Defendant Thomas M. Coburn is an adult individual with a current address of 25353 485th Avenue, Garretson, South Dakota 57030. 4. The Defendant Julie Coburn is an adult individual with a current address of 25353 485th Avenue, Garretson, South Dakota 57030. COUNT I HARSCO CORPORATION V. PALISADE OIL COMPANY 5. On or about October 11, 2004, the Defendant entered into a Commercial Note pursuant to which it agreed to pay to the Plaintiff the sum of $26, 194.08, in 36 consecutive installments of $808.20, commencing 30 days from the date of shipment of equipment separately purchased by Defendant until paid in full. A copy of the Note with all the terms is attached hereto and made a part hereof as Exhibit "AU. 6. The equipment referenced in the Note was shipped on or about October 25, 2004, making the first payment due 30 days thereafter. 7. The Defendant is presently in default on its payments on the Note. 8. There is presently due and owing to the Plaintiff by the Defendant the sum of $25,318.86, as of June 15,2005 representing the unpaid balance on the Note. 9. On or about September 8, 2003, the Defendant entered into a Commercial Note pursuant to which it agreed to pay the Plaintiff the sum of $35,979.87 in 36 consecutive installments of $1, 110.14, commencing 30 days from the date of shipment of equipment separately purchased by Defendant until paid in full. A copy of the Note and with all the terms is attached hereto and made a part hereof as Exhibit "B". 10. The equipment referenced in the Note was shipped on or about September 30, 2003, making the first payment due 30 days thereafter. 11. The Defendant is presently in default on its payments on Note. 12. There is presently due and owing to the Plaintiff the sum of $20,986.39, as of June 15, 2005 representing the unpaid balance on the Note. 13. The total amount due under both transactions is $46,305.25. 14. Pursuant to the terms of all of the aforementioned Notes, the Defendant is responsible for the payment of all costs and expenses, including reasonable attorneys fees and disbursements, which may be incurred by Plaintiff in the collection of the Notes with the enforcement of the company's rights and remedies thereunder. 15. Plaintiff has made demand upon the Defendant for the full amount of the above Note obligations and open account balance, yet despite demand, the Defendant has failed to and/or refused to make payments as aforesaid. COUNT II HARSCO CORPORATION V. THOMAS V. COBURN AND JULIE COBURN 16. Paragraphs 1 through 15 are hereby incorporated by reference as if set forth at length. 17. Concurrent with the obligation set forth above, the individual Defendants, Thomas V. Coburn and Julie Coburn, executed personal Guaranty Contracts in which they agreed that in the event the amounts due under the contracts between Plaintiff and Defendant Palisade Oil Company would not be paid, they would personally guarantee the payment of the same. Copies of the Contracts are attached hereto and made a part hereof as Exhibit "C"and "D". 18. Pursuant to the aforementioned Guaranties, the individual Defendants are liable over to the Plaintiff for the amounts due as set forth in paragraphs above. WHEREFORE, Plaintiff requests this Honorable Court to enter Judgment in favor of the Plaintiff and against the Defendants, jointly and severally, in the amount of $46,305.25 as of June 15, 2005, plus continuing interest at the contract rates on each of the aforementioned Notes, plus reasonable attorney's fees and costs of suit. Respectfully submitted, PURCELL, KRUG & HALLER BY John W. Purcell, Jr. LD. #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 COMMERCIAL NOTE $26,194.08 October 11, 2004 FOR VALUE RECEIVED. each of the undersigned, jointly and severally if more than one (hereinafter collectively referred to as "Borrower"), promises to pay to the order of HARSCO CORPORATION (the "Company"), at its offices at 4718 Old Gettysburg Road, Suite 300, P. O. Box 8316, Camp Hill, PA 17001-8316, the principal amount of Twenty Six Thousand One Hundred Ninety Four and 08/100 DOLLARS. in lawful money of the United States, plus interest, to be paid as follows: said principal plus interest shall be payable in 35 consecutive equal monthly installments of principal and interest, each in the amount of $808.20 commencing 30 days from date of shipment of Equipment and on the same day of the month each month thereafter, each of which installments shall be applied first to the payment of accrued and unpaid interest and then to the payment of principal and a final installment in an amount which is necessary to pay in full all of the outstanding principal plus accrued and unpaid interest on this Note on the date of the final payment. Interest shall accrue at the rate of 6.95% per annum. Payments will be applied as aforesaid on the date received. ADPmONAL TERMS OF THIS NOTE - Each of the following provIsions shall apply to this Note, to any extension or modification hereof and to the indebtedness evidenced hereby, except as otherwise expressly stated above or in a separate writing signed by Company and Borrower. INDEBTEDNESS, This Note evidences the indebtedness of Borrower in connection with the sale of Equipment sold by Company to Borrower. INTEREST - Interest shall be calculated on the basis of a 360-day year and shall be charged for the actual number of days elapsed. Accrued interest shall be payable monthly. Accrued interest shall also be payable when the entire principal balance of this Note becomes due and payabie (whether by demand, stated maturity or acceleration) or, if earlier, when such principal balance is actually paid to Company. Interest shall accrue from the date shipment of Equipment is made by Company, provided, however, that to the extent this Note represents a replacement, substitution, renewal or refinancing of existing indebtedness, interest shall accrue from the date hereof. Interest shall accrue on the unpaid balance hereof at the rate provided for in this Note until the entire unpaid balance has been paid in full, notwithstanding the entry of any judgment against Borrower. PREPAYMENT - A prepayment of principal (including any principal repayment as a result of acceleration by Company of this Note) shall require Immediate payment to Company of a prepayment fee equal to 1.5% of the principal amount being prepaid. Prepayments shall be applied to scheduled installments of principal in the inverse order of their maturity, shall be accompanied by payment of accrued interest on the principal amount being prepaid and, unless this Note has been accelerated by Company shall not be permitted in an amount less than the scheduled principal installment prior to final maturity of the outstanding principal balance. COLLATERAL - This Note and the indebtedness evidenced hereby shall be secured by any lien or security interest evidenced by a writing (whether now existing or hereafter executed) which contains a provision to the effect that such lien or security interest is intended to secure this Note or indebtedness evidenced hereby. EVENTS OF DEFAULT - Each of the following shall be an Event of Default hereunder: (a) the nonpayment when due of any amount payable under this Note or under any obligation or indebtedness to Company of Borrower or any person liable, either absolutely or contingently, for payment of any indebtedness evidenced hereby, including endorsers, guarantors and sureties (each such person is referred to as an "Obligor"); (b) if Borrower or any Obligor has failed to observe or perform any other existing or future agreement with Company of any nature whatsoever: (c) if any representation, warranty, certificate, financial statement or other information made or given by Borrower or any Obligor to Company is materially incorrect or misleading; (d) if Borrower or any Obligor shall become insolvent or make an assignment for the benefit of creditors or if any petition shall be filed by or against Borrower or any Obligor under any bankruptcy or insolvency law; (e) the entry of any judgment against Borrower or any Obligor which remains unsatisfied for 15 days or the issuance of any attachment. tax lien, levy or garnishment against any property of material value in which Borrower or any Obligor has an interest; (f) if any attachment, levy, garnishment or similar legal process Is served upon Company as a result of any claim against Borrower or any Obligor or against any property of Borrower or any Obligor; (g) the dissolution, merger, consolidation or change in control (as control is defined in Rule 12b-2 under the Security 10/11/2004 \\\\\ (. 1 E~~\\ " {\' Exchange Act of 1934), of any Borrower which is a corporation or partnership, or the sale or transfer of any substantial portion of any of Borrower's assets, or if any agreement for such dissolution, merger, or consolidation, change in control, sale or transfer is entered into by Borrower, without the written consent of Company; (h) the death of any Borrower or Obligor who is a natural person; (i) if Company determines reasonably and in good faith that an event has occurred or a condition exists which has had, or is likely to have, a material adverse effect on the financial condition or creditworthiness of Borrower or any Obligor, or on the ability of Borrower or any Obligor to perform its obligation evidenced by this Note; 0) if Borrower shall fail to remit promptly when due to the appropriate government agency or authorized depository, any amount collected or withheld from any employee of Borrower for payroll taxed, Social Security payments or similar payroll deductions; (k) if any Obligor shall attempt to terminate or disclaim such Obligor's liability for the indebtedness evidenced by this Note: (I) if Company shall reasonably and in good faith determine and notify Borrower that any collateral for this Note or for the indebtedness evidenced hereby is insufficient as to quality or quantity; (m) if Borrower shall fail to pay when due any material indebtedness for borrowed money other than to Company; of (n) if Borrower shall be notified of the failure of Borrower or any Obligor to provide financial and other information promptly when reasonably requested by Company. COMPANY'S REMEDIES. Upon the occurrence of one or more Events of Default, unless Company elects otherwise, the entire unpaid balance of this Note and all accrued interest shall be immediately due and payable without notice to Borrower or any Obligor. and Company may, immediately or at any time thereafter, exercise any or all of its rights and remedies hereunder or under any agreement or otherwise under applicable law against Borrower, any Obligor and any collateral. Company may exercise its rights and remedies in any order and may, at its option, delay in or refrain from exercising some or all of its rights and remedies without prejudice thereto. If Borrower fails to make any payment when due hereunder, Borrower shall pay company a service charge of five percent (5%) of such delinquent amount plus interest thereon from the due date thereof until paid at the rate set forth above. NOTICE TO BORROWER. Any notice required to be given by Company under the provisions of this Note shall be effective as to each Borrower and each Obligor when addressed to Borrower and deposited in the mail, postage prepaid, for delivery by first class mail at Borrower's mailing address as it appears on Company's records. PAYMENTS - All payments due under this Note are to be made in immediately available funds. If Company accepts payment in any other form, such payment shall not be deemed to have been made until the funds comprising such payment have actually been received by or made available to Company. PAYMENT OF COSTS - In addition to the principal and interest payable hereunder, Borrower agrees to pay Company. on demand, all costs and expenses (including reasonable attomey's fees and disbursements) which may be incurred by Company in the collection of this Note or the enforcement of Company's rights and remedied hereunder. REPRESENTATIONS BY BORROWER - If Borrower is a corporation or a general or limited partnership, Borrower represents and warrants that it is validly existing and in good standing in the jurisdiction under whose laws it was organized. If Borrower is a corporation, Borrower represents and warrants that the execution, delivery and performance of this Note are within Borrower's corporate powers, have been duly authorized by all necessary action by Borrower's Board of Directors, and are not in contravention of the terms of Borrower's charter, by-laws, or any resolution of its Board of Directors. If Borrower is a general or limited partnership, Borrower represents and warrants that the execution, delivery and performance of this Note have been duly authorized and are not in confiict with any provision of Borrower's partnership agreement or certificate of limited partnership. Borrower further represents and warrants that this Note has been validly executed and is enforceable in accordance with its terms, that the execution, delivery and performance by Borrower of this Note are not in contravention of law and do not conflict with any indenture, agreement or undertaking to which Borrower is a party or is otherwise bound, and that no consent or approval of any governmental authority or any third party is required in connection with the execution, delivery and performance of this Note. WAIVER, ETC. - Borrower and each Obligor waive presentment. dishonor, notice of dishonor, protest and notice of protest. Neither the failure nor any delay on the part of Company to exercise any right, remedy, power or privilege hereunder shall operate as a waiver or modification thereof. No consent. waiver or modification of the terms of this Note shall be effective unless set forth in a writing signed by company. All rights and remedies of Company are cumulative and concurrent and no single or partial exercise of any power or privilege shall preclude any other or further exercise of any right, power or privilege. 10/11/2004 ~'\~V. 2 MISCELLANEOUS . This Note is the unconditional obligation of Borrower, and Borrower agrees that Company shall not be required to exercise any of its rights or remedies against any collateral in which it holds a lien or security interest or against which it has a right of setoff or against any particular Obligor. AU representation, warranties and agreements herein are made jointly and severally by each Borrower. If any provision of this Note shall be held invalid or unenforceable, such invalidity of unenforceability shall not affect any other provision hereof. To the extent that this Note represents a replacement, substitution. renewal or refinancing of a pre-existing note or other evidence of indebtedness, the indebtedness represented by such pre-existing note or other instrument shall not be deemed to have been extinguished hereby. This Note has been delivered in and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the law conflicts. This Note shall be binding upon each Borrower and each Obligor and upon their personal representatives, heirs, successors and assigns, and shall benefit Company and its successors and assigns, ASSIGNMENT BY COMPANY - Company may assign or transfer, and Borrower hereby consents to the assignment or transfer, of Company's interest in this Note without notice to Borrower. Borrower agrees that the liability of Borrower to any assignee of Company or any subsequent assignee of such assignee, shall be absolute and unconditional. CONSENT TO JURISDICTION AND VENUE. IN ANY lEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF OR RELATED TO THIS NOTE OR THE RELATIONSHIP EVIDENCED HEREBY, EACH UNDERSIGNED PARTY HEREBY IRREVOCASl Y SUBMITS TO THE NONEXCLUSIVE JURISDlcnON OF ANY STATE DR FEDERAL COURT lOCATED IN ANY COUNTY OF THE COMMONWEALTH OF PENNSYLVANIA WHERE COMPANY MAINTAINS AN OFFICE AND AGREES NOT TO RAISE ANY OBJECTION TO SUCH JURISDICTION OR TO THE LAYING OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN SUCH COUNTY. EACH UNDERSIGNED PARTY AGREES THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAY BE DULY EFFECTED UPON IT BY MAILING A COPY THEREOF, BY REGISTERED MAIL, POSTAGE PREPAID, TO EACH UNPERSIGNED PARTY. WAIVER OF JURY TRIAL. EACH UNDERSIGNED PARTY HEREBY WAIVES AND COMPANY BY ITS ACCEPTANCE HEREOF THEREBY WAIVES, TRIAL BY JURY IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR orHERWISE) IN ANY WAY ARISING OUT OF OR RELATED TO THIS NOTE OR THE RELATIONSHIP EVIDENCED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR COMPANY TO ENTER INTO, ACCEPT OR RELY UPON THIS NOTE. IN WITNESS WHEREOF. Borrower, intending this to be a sealed instrument and intending to be legally bound hereby, has executed and delivered this Note as of the day and year first above written. Corporation or Partnership: Palisade Oil Company -, ~ /":Ii A. C/J.'" I ,,: 0-1.'.") 1 By: It ~/) W'l 'I . Thomas M. Coburn, President ~,..' /.." : .d 1011112004 t\Ji\(~ 3 COMMERCIAL NOTE $35,979.87 September 8, 2003 FOR VALUE RECEIVED, each of the undersigned, jointly and severally if more than one (hereinafter collectively referred to as "Borrower"), promises to pay to the order of HARSCO CORPORATION (the "Company"), at its offices at 350 Poplar Church Road, P. O. Box 8316, Camp Hill, PA 17001-8316, the principal amount of Thirty-Five Thousand Nine Hundred Seventy-Nine and 87/100 DOLLARS. in lawful money of the United States, plus interest, to be paid as follows: said principal plus interest shaH be payable in 35 consecutive equal monthly installments of principal and interest, each in the amount of $1,110.14 commencing 30 days from date of shipment of Equipment and on the same day of the month each month thereafter, each of which installments shall be applied first to the payment of accrued and unpaid interest and then to the payment of principal and a final installment in an amount which is necessary to pay in full an of the outstanding principal plus accrued and unpaid interest on this Note on the date of the final payment. Interest shall accrue at the rate of 6.95% per annum. Payments wiU be applied as aforesaid on the date received. ADDITIONAL rERMS OF THIS NOTE - Each of the following provisions shall apply to this Note, to any extension or modification hereof and to the indebtedness evidenced hereby, except as otherwise expressly stated above or in a separate writing signed by Company and Borrower. INDEBTEDNESS ~ This Note evidences the indebtedness of Borrower in connection with the sale of Equipment sold by Company to Borrower. INTEREST - Interest shall be calculated on the basis of a 360-day year and shall be charged for the actual number of days elapsed. Accrued interest shall be payable monthly. Accrued interest shall also be payahle when the entire principal halance of this Note becomes due and payable (whether by demand, stated maturity or acceleration) or, if earlier, when such principal balance is actually paid to Company. Interest shall accrue from the date shipment of Equipment is made by Company, provided, however, that to the extent this Note represents a replacement, substitution, renewal or refinancing of existing indebtedness, interest shaH accrue from the date hereof. Interest shall accrue on the unpaid balance hereof at the rate provided for in this Note until the entire unpaid balance has been paid in full, notwithstanding the entry of any judgment against Borrower. PREPAYMENT ~ A prepayment of principal (including any principal repayment as a result of acceleration by Company of this Note) shall require immediate payment to Company of a prepayment fee equal to 1.5% of the principal amount being prepaid. Prepayments shall be applied to scheduled installments of principal in the inverse order of their maturity, shan be accompanied by payment of accrued interest on the principal amount being prepaid and, unless this Note has been accelerated by Company shall not be permitted in an amount less than the scheduled principal installment prior to final maturity of the outstanding principal balance. COLLATERAL - This Note and the indebtedness evidenced hereby shall be secured by any lien or security interest evidenced by a writing (whether now existing or hereafter executed) which contains a provision to the effect that such lien or security interest is intended to secure this Note or indebtedness evidenced hereby. EVENTS OF DEFAULT - Each of the following shall be an Event of Default hereunder: (a) the nonpayment when due of any amount payahle under this Note or under any obligation or indebtedness to Company of Borrower or any person liable, either absolutely or contingently, for payment of any indebtedness evidenced hereby, including endorsers, gnarantors and sureties (each such person is referred to as an "Ohligor"); (h) if Borrower or any Obligor has failed to observe or perform any other existing or future agreement with Company of any nature whatsoever; (c) if any representation, warranty, certificate, financial statement or other information made or given by Borrower or any Obligor to Company is materia1Jy incorrect or misleading; (d) if Borrower or any Obligor shall become insolvent or make an assignment for the benefit of creditors or if any petition shall be filed by or against Borrower or any Obligor under any bankruptcy or insolvency law; (e) the entry of any judgment against Borrower or any Obligor which remains unsatisfied for] 5 days or the issuance of any attachment, tax lien, levy or garnishment. agaiost any property of material value in which Borrower or any Obligor has an interest; (I) if any attachment, levy, garnishment or similar legal process is served upon Company as a result of any claim against Borrower or any Obligor or against any property of Borrower or any Obligor; (g) the dissolution, merger, consolidation or change in control (as control is defined in Rule 12b-2 under the Security Exchange Act of 1934), of any Borrower which is a corporation or partnership, or the sale or transfer of any substantial portion of any of Borrower's assets, or if any agreement for such dissolution, merger, or consolidation, change in control, sale or transfer is entered into by Borrower, without the written consent of CompanYi (h) the death of any Borrower or ObJigor who is a natural ~~ " \' Er-~'~"~ b person; (i) if Company determines reasonably and in good faith that an event has occurred or a condition exists which has had, or is likely to have, a material adverse effect on the financial condition or creditworthiness of Borrower or any Obligor, or on the ability of Borrower or any Obligor to perform its obligation evidenced by this Note; (j) if Borrower shall fail to remit promptly when due to the appropriate government agency or authorized depository, any amount collected or withheld from any employee of Borrower for payroll taxed, Social Security payments or similar payroll deductions; (k) if any Obligor shall attempt to terminate or disclaim such Obligor's liability for the indebtedness evidenced by this Note; (I) if Company shall reasonably and in good faith determine and notify Borrower that any collateral for this Note or for the indebtedness evidenced hereby is insufficient as to quality or quantity: (m) if Borrower shall fail to pay when due any material indebtedness for borrowed money otber than to Company; of (n) if Borrower shall be notified of the failure of Borrower or any Obligor to provide financial and other information promptly when reasonably requested by Company. COMPANY'S REMEDIES - Upon the occurrence of one or more Events of Default, unless Company ejects otherwise, the entire unpaid balance of this Note and all accrued interest shall be inunediately due and payable wilbout notice to Borrower or any Obligor, and Company may, immediately or at any time thereafter, exercise any or all of its rights and remedies hereunder or under any agreement or otherwise under applicable law against Borrower, any Obligor and any collateral. Company may exercise its rights and remedies in any order and may, at its option, delay in or refrain from exercising some or all of its rights and remedies without prejudice thereto. ]f Borrower fails to make any payment when due hereunder, Borrower shall pay company a service charge of five percent (5%) of such delinquent amount plus interest thereon from the due date thereof until paid at the rate set forth above. NOTICE TO BORROWER - Any notice required to be given by Company under the provisions of this Note shall be effective as to each Borrower and each Obligor when addressed to Borrower and deposited in the mail, postage prepaid, for delivery by first class mail at Borrower's mailing address as it appears on Company's records. PAYMENTS- All payments due under this Note are to be made in immediately available funds. If Company accepts payment in any other form, such payment shall not be deemed to have been made until the funds comprising such payment have actually been received by or made available to Company. PAYMENT OF COSTS -]n addition to the principal and interest payable hereunder, Borrower agrees to pay Company, on demand, all costs and expenses (including reasonable attorney's fees and disbursements) which may be incurred by Company in the collection of this Note or the enforcement of Company's rights and remedied hereunder. REPRESENTATIONS BY BORROWER - If Borrower is a corporation or a general or limited partnership, Borrower represents and warrants that it is validly existing and in good standing in the jurisdiction under whose laws it was organized. If Borrower is a corporation, Borrower represents and warrants that the execution, delivery and performance of this Note are within Borrower's corporate powers, have been duly authorized by all necessary action by Borrower's Board of Directors, and are not in contravention of the terms of Borrower's charter, by-laws, or any resolution of its Board of Directors. If Borrower is a general or limited partnership, Borrower represents and warrants that the execution, delivery and perfonnance of this Note have been duly authorized and are not in conflict with any provision of Borrower's partnership agreement or certificate of limited partnership. Borrower further represents and warrants that this Note has been validly executed and is enforceable in accordance with its tenns, that the execution, delivery and perfonnance by Borrower of this Note are not in contravention of law and do not conflict with any indenture, agreement or undertaking to which Borrower is a party or is otherwise bound, and that no consent or approval of any governmental authority or any third party is required in connection with the execution, delivery and performance of this Note. WAIVER, ETC., - Borrower and each Obligor waive presentment, dishonor, notice of dishonor, protest and notice of protest. Neither the failure nor any delay on the part of Company to exercise any right, remedy, power or privilege hereunder shall operate as a waiver or modification thereof. No consent, waiver or modification of the terms of this Note shall be effective unless set forth in a writing signed by company. An rights and remedies of Company are cumulative and concurrent and no single or partial exercise of any power or privilege shaH preclude any other or further exercise of any right, power or privilege. MISCELLANEOUS - This Note is the unconditional obligation of Borrower, and Borrower agrees that Company shall not be required to exercise any of its rights or remedies against any collateral in which it holds a lien or security interest or against which it has a right of setoff or against any particular Obligor. An representation, warranties and agreements herein are made jointly and severally by each Borrower. If any provision of this Note shall be held invalid or unenforceable, such invalidity of unenforceability shall not affect any other provision hereof. To the 2 ~ extent that this Note represents a replacement, substitution, renewaJ or refinancing of a pre-existing note or other evidence of indebtedness, the indebtedness represented by such pre-existing note or other instrument shall not be deemed to have been extinguished hereby. This Note has been delivered in and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania witbout regard to the Jaw conflicts. This Note shan be binding upon each Borrower and each Obligor and upon their personal representatives, heirs, successors and assigns, and shall benefit Company and its successors and assigns. ASSIGNMENT BY COMPANY - Company may assign or transfer, and Borrower hereby consents to the assignment or transfer, of Company's interest in this Note without notice to Borrower. Borrower agrees that the Jiability of Borrower to any assignee of Company or any subsequent assignee of such assignee, shall be absolute and unconditional. CONSENT TO JURISDICTION AND VENUE -IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF OR RELATED TO THIS NOTE OR THE RELATIONSHIP EVIDENCED HEREBY, EACH UNDERSIGNED PARTY HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN ANY COUNTY OF mE COMMONWEALTH OF PENNSYLVANIA WHERE COMPANY MAINTAINS AN OFFICE AND AGREES NOT TO RAISE ANY OBJECTION TO SUCH JURISDICTION OR TO THE LAYING OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN SUCH COUNTY. EACH UNDERSIGNED PARTY AGREES THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAY BE DULY EFFECTED UPON IT BY MAILiNG A COpy THEREOF,llY REGISTERED MAIL, POSTAGE PREPAID, TO EACH UNDERSIGNED PARTY. WAIVER OF JURY TRIAL. EACH UNDERSIGNED PARTY HEREBY WAIVES AND COMPANY BY ITS ACCEPTANCE HEREOF THEREBY WAIVES, TRIAL BY JURY IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF OR RELATED TO THIS NOTE OR THE RELATIONSHIP EVIDENCED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR COMPANY TO ENTER INTO, ACCEPT OR BEL Y UPON THIS NOTE. IN WITNESS WHEREOF, Borrower, intending this to be a sealed instrument and intending to be legally bound hereby, has executed and delivered this Note as of the day and year first above written. Corpor8tioD or Partnership: Palisade Oil ComDanv BY:~~ Tbomas M. Coburn. President 3 ~~ Personal Guaranty Contract GUARANTY AGREEMENT dated this 8th day of September 2003 for and in consideration of the extension of credit to Palisade Oil Company andlor his agents of Thomas M. Coburn and Julie Coburn (referred to hereinafter as the "Guarantor"), and other good and sufficient considerations to the undersigned accruing, I (or we, jointly and severally) hereby give this Continuing Guaranty to Harsco Corporation. Gas & Fluid Control Group (referred to hereinafter as the "Harsco"), for the payment in full, together with all interest, fees and charges of whatsoever nature and kind of any and all indebtedness of the Guarantor to the Harsco, whether an open account, credit card account, or evidenced by note, secured or unsecured, due and owing at the present time, or that may hereafter be due and owing by Guarantor to Harsco, and it is further agreed that if bills are not paid when due, I (or we or any of us) will personally pay the same upon notice and demand. It is agreed that this Continuing Guaranty applies to any extensions or renewals of credit given by Harsco to Guarantor. It is specifically understood and agreed that the Harsco shall not be required 10 exhaust its legal remedies for recovery and collection against the Guarantor before looking to the undersigned (or any of them) for payment of this account, but that if the account is not paid when due Harsco may, at once, notify the undersigned, and upon receipt of such notice that the said account is past due and unpaid, the undersigned assumes liability therefor and agrees to pay the same without delay or defalcation. The discharge of Guarantor in bankruptcy will not relieve the undersigned from liability with regard to any amount due and owing under this Continuing Guaranty. It is distinctly understood and agreed that Harsco may enter suit against the undersigned (or any one or more of the undersigned) for the recovery of the entire amount of said indebtedness hereby secured, and may recover judgment therefore against the undersigned (or anyone or more of said guarantors). It is also understood and agreed that in the event the Harsco commences such suit then and in that event I (or we and each of us) shall pay for the cost of suit and attorneys' fees and commissions for collection, in addition to the indebtedness hereby secured. It is further understood and agreed that the undersigned, each for himself, his heirs, executors, and administrators, does hereby waive the benefit of any and all state laws exempting real and/or personal property tram levy and sale on execution, and agrees to the immediate issuance and levying of writs of execution upon his interests in any real estate of personal property and the subjugation thereof to sale for satisfaction of any such judgment or judgments. The undersigned hereby waives notice of the acceptance of this guaranty, notice of demand and maturity of payments to become due, notice of default in payment by the Guarantor and all such notices required or customarily given under like circumstances. It is also specifically understood and agreed that I (or we and each of us) expressly consent that the time of payment of any indebtedness hereby secured may be extended, or that the Harsco may at any time require and accept other security of any nature whatsoever from Guarantor without notice to consent from me (or us or each of us). I (or we and each of us jointly and severally) agree to be held responsible for said obligations precisely as if the same had been contracted and due and owing by the undersigned or each of us in person. This Continuing Guaranty binds each of the signers hereto, jointly and severally, their respective heirs, executors, and administrators and shall extend to and cover all renewals of any claims or demands guaranteed under this instrument, or the extension of time of payment thereof, and shall remain in full force and effect from this date until revoked by the undersigned in writing to be sent by registered mail to the Vice President-Controller at P. O. Box 8316, City of Camp Hill, State of Pennsylvania 17001-8316, evidence of such mailing to be established by postal receipt. No addition, alteration, modification, novation or change in any of the terms or conditions of this Guaranty shall be binding upon the Harsco unless made in writing and signed by an authorized Vice President of Harsco. 1 t:.'i-~'~ ~~ " ~I The obligation of Guarantor is a primary and unconditional obligation and shall not be affected in any manner by any change in the status of Customer or by any change from any cause whatsoever. This Guaranty shall not be revoked by the death or incapacity of any Guarantor but shall remain in full force and effect until terminated in a writing executed by Harsco and Guarantor. Guarantor hereby waives any defenses whatsoever which Guarantor andlor Customer may have with respect to any of the obligations or liabilities of Guarantor to Harsco under this Guaranty including, without limitation to the generality hereof, defenses arising out of estoppel, laches or any statute of limitations. It is the specific intention and agreement of the parties that this Agreement for any purpose be governed and interpreted solely by and under the laws of the Commonwealth of Pennsylvania in which jurisdiction the principal offices of Harsco Corporation are located. It is the specific intention and agreement of the parties that this Agreement be suitable for filing and confession of judgment in the event of a default hereunder. If any provisions of this Guaranty Agreement shall contravene or be invalid under the laws of the United States or any State, such contravention or invalidity shall not invalidate this Agreement or any other agreement which is part of this transaction, but shall be construed as not containing such provision, and the rights and obligations of the parties under this Guaranty Agreement shall be interpreted, construed and enforced accordingly. IN WITNESS WHEREOF, the parties have executed this Guaranty Agreement the day and year first above written. WITNESS: GUARANTOR Giir~1' l1!v\- Thomas M. Coburm ~u~ ~~"'~ Ju e Coburn Harsco Corporation, Gas & Fluid Control Group ~~J\~ -#A( --:., 2 "l ,,~ Personal Guaranty Contract GUARANTY AGREEMENT dated this 11th day of October, 2004 for and in consideration of the ex1ension of credit to Palisade 011 Company and/or his agents of Thomas M. Coburn and Julie Coburn (referred to hereinafter as the "Guarantor"), and other good and sufficient considerations to the undersigned accruing, I (or we, jointly and severally) hereby give this Continuing Guaranty to Harsco Corporation (referred to hereinafter as the "Harsco"), for the payment in fuli, together with all interest, fees and charges of whatsoever nature and kind of any and all indebtedness of the Guarantor to the Harsco, whether an open account, credit card account, or evidenced by note, secured or unsecured, due and owing at the present time, or that may hereafter be due and owing by Guarantor to Harsco, and it is further agreed that if bills are not paid when due, I (or we or any of us) will personally pay the same upon notice and demand. It is agreed that this Continuing Guaranty applies to any extensions or renewals of credit given by Harsco to Guarantor. It is specifically understood and agreed that the Harsco shall not be required to exhaust its legal remedies for recovery and collection against the Guarantor before looking to the undersigned (or any of them) for payment of this account, but that if the account is not paid when due Harsco may, at once, notify the undersigned, and upon receipt of such notice that the said account is past due and unpaid, the undersigned assumes Iiabiiity therefor and agrees to pay the same without delay or defalcation. The discharge of Guarantor in bankruptcy will not relieve the undersigned from liability with regard to any amount due and owing under this Continuing Guaranty. It is distinctly understood and agreed that Harsco may enter suit against the undersigned (or any one or more of the undersigned) for the recovery of the entire amount of said indebtedness hereby secured, and may recover judgment therefore against the undersigned (or anyone or more of said guarantors). It is also understood and agreed that in the event the Harsco commences such suit then and in that event I (or we and each of us) shall pay for the cost of suit and attorneys' fees and commissions for collection, in addition to the indebtedness hereby secured. It is further understood and agreed that the undersigned. each for himself, his heirs, executors, and administrators, does hereby waive the benefit of any and all state laws exempting real and/or personal property from levy and sale on execution. and agrees to the immediate issuance and levying of wri1s of execution upon his interests in any real estate of personal property and the subjugation thereof to sale for satisfaction of any such judgment or judgments. The undersigned hereby waives notice of the acceptance of this guaranty, notice of demand and maturity of payments to become due, notice of default in payment by the Guarantor and all such notices required or customarily given under like circumstances. It is also specifically understood and agreed that I (or we and each of us) expressly consent that the time of payment of any indebtedness hereby secured may be extended, or that the Harsco may at any time require and accept other security of any nature whatsoever from Guarantor without notice to consent from me (or us or each of us). I (or we and each of us jointly and severally) agree to be held responsible for said obligations precisely as if the same had been contracted and due and owing by the undersigned or each of us in person. This Continuing Guaranty binds each of the signers hereto, jointly and severally, their respective heirs, executors, and administrators and shall extend to and cover all renewals of any claims or demands guaranteed under this instrument, or the extension of time of payment thereof, and shall remain in full force and effect from this date until revoked by the undersigned in writing to be sent by registered mail to the Vice President-Controller at P. O. Box 8316, City of Camp Hill, State of Pennsylvania 17001-8316, evidence of such mailing to be established by postal receipt. No addition, alteration, modification, novation or change in any of the terms or conditions of this Guaranty shall be binding upon the Harsco unless made in writing and signed by an authorized Vice President of Harsco. 10/11/2004 k\\\r,:... 1 ~ l\ 'E:X,~'\J,\ V The obligation of Guarantor is a primary and unconditional obligation and shall not be affected in any manner by any change in the status of Customer or by any change from any cause whatsoever. This Guaranty shall not be revoked by the death or incapacity of any Guarantor but shall remain in full force and effect until terminated in a writing executed by Harsco and Guarantor. Guarantor hereby waives any defenses whatsoever which Guarantor andlor Customer may have with respect to any of the obligations or liabilities of Guarantor to Harsco under this Guaranty including, without limitation to the generality hereof, defenses arising out of estoppel, laches or any statute of Iimi1ations. It is the specific intention and agreement of the parties that this Agreement for any purpose be governed and interpreted solely by and under the laws of the Commonwealth of Pennsylvania in which jurisdiction the principal offices of Harsco Corporation are located. It is the specific intention and agreement of the parties that this Agreement be suitable for filing and confession of judgment in the event of a default hereunder. If any provisions of this Guaranty Agreement shall contravene or be invalid under the laws of the United States or any State, such contravention or invalidity shall not invalidate this Agreement or any other agreement which is part of this transaction, but shall be construed as not containing such provision, and the rights and obligations of the parties under this Guaranty Agreement shall be interpreted, construed and enforced accordingly. CONSENT TO JURISDICTION AND VENUE. IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MAlTER ARISING OUT OF OR RELATED TO THIS GUARANTY OR THE RELATIONSHIP EVIDENCED HEREBY, EACH UNDERSIGNED PARTY HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN ANY COUNTY OF THE COMMONWEALTH OF PENNSYLVANIA WHERE COMPANY MAINTAINS AN OFFICE AND AGREES NOT TO RAISE ANY OBJECTION TO SUCH JURISDICTION OR TO THE LAYING OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN SUCH COUNTY. EACH UNDERSIGNED PARTY AGREES THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAY BE DULY EFFECTED UPON IT BY MAILING A COPY THEREOF, BY REGISTERED MAIL, POSTAGE PREPAID, TO EACH UNDERSIGNED PARTY. WAIVER OF JURY TRIAL - EACH UNDERSIGNED PARTY HEREBY WAIVES AND COMPANY BY ITS ACCEPTANCE HEREOF THEREBY WAIVES, TRIAL BY JURY IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF OR RELATED TO THIS GUARANTY OR THE RELATIONSHIP EVIDENCED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR COMPANY TO ENTER INTO, ACCEPT OR RELY UPON THIS GUARANTY. IN WITNESS WHEREOF, the parties have executed this Guaranty Agreement the day and year first above written. WITNESS: GUARANTOR /' !f;;Zt~ !li0^,- Thomas M. Coburn ~ .,' ~ t ,. M.u {} hUr.- Julie Cd~ n WITNESS: HARSCO CORPORATION I~\.. . \ '-eke') ,\ C, Jc ,.l "_)l ~~ 10/11/2004 l' '\ .- j\]\\ (-. 2 VERIFICATION COMPANY NAME: Harsco Corporation I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: to /11.p / OS I By ~~ 'J ~ -\. C::..v"-'W l klZ. - '" Cr.s. Title (Q ~ ~ Fl ~ 0 - ~ '-- V'J ~ !f2 0 ~ p:J (j -0 t -~ , :e r ::(' ...., ;;:':,~ <:..n o ., --I l=:~-n . . i:~~":: en CJ ,l. 1.._) <;~~ ;:. )/'/1 ::::-t ~i1 --<. (.-:-:: _:.... N -J :-~ 8 AFFIDAVIT OF SERVICE;' Cummonwealth of Pennsylvania County of CUMBERLA~ID Common Pleas Court Case Number: 05-3252 Plaintiff: HARSCO CORPORATION vs. Defendant: PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN For: John W. Purcell Jr. PURCELL. KRUG & HALLER Received by CHOICE PROCESS - TAMPA on the 5th day of July, 2005 at 11:58 am to be served on JULIE COBURN, 25383 485TH AV~E. GARRETSON, SOUTH DAKOTA 57030 . I, 1b,11 1111& DtMpl, , b9ing duly sworn, depos,1 i'nd say that on the -1ff_ day of ~-::f:J ' 20~[" at ..B2:~.m., executed service by delivering a true copy oft~e NOTICE AND C MP~INT in accordance with state statutes in the manner marked bellow: () INDIVIDUAL SERVICE: Served the within-named person. (~UBSTITUTE SERVICE: By serving as () POSTED SERVICE: After attempting service on _1_ at _ and on _1_ at _ to a conspicuous place on the property described herein. ~OTHER SERVICE: As described in the Comments below by serving as g. W '. ~ S iJ be.( 5 ro . - , () NON SERVICE: For the reason detailed in the Comments below. -- / ()li1 (fc; 6111/V\ MARRIED: YES X OR NO V MILITARY STATUS: YES NO ---LL- COMMENTS: AFFIDAVIT OF SERVICE for (lI5-3252 . I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in 'Which this service was made. ~ Subscribed and Sworn to befor~ on the .l..ff...- day of ,~ by the affiant who is persona y wn to me. PROCESS SERVE # Appointed in accordance with State Statutes ~'I/ CHOICE PROCESS - TAMPA P.O. Box 1215 Tampa, FL 33601 (813) 229-1.144 Our Job Serial Number: 2005003249 Copyright C 1992-2005 Database SelVices, Inc. - Process Servers Toolbox VS.5j AFFIDAVIT OF'SERVICE Commonwealth of Pennsylvania County of CUMBERLAND Common Pleas Court Case Number: 05-3252 Plaintiff: HARSCO CORPORATION vs. Defendant: PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN For: John W. Purcell Jr. PURCELL, KRUG & HALLER Received by CHOICE PROCESS - TAMPA on the 5th day of July, 2005 at 11 :58 am to be served on PALISADE OIL COMPANY, 25383 485~ AVENUE, GARRETSON, SOUTH DAKOTA 57030 . i, rll b-c 1;2"",..1 , b€ing duly sworn, ccpo::o :mc say the! m: the /9: d~y of , 20 o:i at .te.:--ti.m., executed service by delivering;: true copy of the NOTICE AND COMP INT in accordance with state statutes in the manner marked below: () PUBLIC AGENCY: By serving of the within-named agency. as () SUBSTITUTE SERVICE: By serving as (,y60RPORATE SERVICE: By serving I?H,'c -t y '11'7>1 t?-f)hu~V'\. as () OTHER SERVICE: As described in the Comments below by serving _ . as () NON SERVICE: For the reason detailed in the Comments below. COMMENTS: I certify that I have 110 interest in the above action, am e;f legal age and have proper authority in the jurisdiction in which this service was made. Subscr:bed and day of is persona worn to before.Jll8 on the ~ ,2!Z!!..!.... by the affiant who tome. ~~:7 Appointed in accordance with State statutes (;?y f> It). /(r ~t>/O CHOICE PR(ICESS - TAMPA P.O, Box 12'15 Tampa, FL :13601 (813) 229-1444 NOT Our Job Serial Number: 2005003247 Copyright 1:11992-2005 Database Services, Inc. - Process 5e1Ver'S Toolbox V5.5j ..-" L) ~ -n ;;..f' -n>' r'~. ~^} \ N , .~. l-.~ -/ :=~\ -Z ~1 -" - 1'J 1'-' AFFiDAVIT OF SERVICE Commonwealth of Pennsylvania County of CUMBERLAND Common Pleas Court Case Number: 05-3252 Plaintiff: HARSCO CORPORATION vs. Defendant: PALISADE OIL COMPANY AND THOMAS M, COBURN AND JULIE COBURN For: John W. Purcell Jr. PURCELL, KRUG & HALLER Received by CHOICE PROCESS - TAMPA on the 5th day of July, 2005 at 11 :58 am to be served on THOMAS M, COBURN 25383 48&TH AV.E~UE, GARRETSON, SOUTH DAKOTA 157030 . I, ~,J/ ;ftuc!JP"tz(r/ , being duly sworn, depose and say that on the 1'6 day of T~ ' 20&>\ at ~--1i:.m., execut,3d service by delivering a true copy of the NOTiCE AND COMP INT in accordance with state statutes in the manner marked below: ~DIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () POSTED SERVICE: After attempting service on ---1_ at _ and on ---1_ at _ to a conspicuous place on the property described herein. ~THER ~I;,~VI~E: AJ! descri9,ed in the Comments below by serving _ as ~."'b8\:..~/~. () NON SERVICE: For the reason detailed in the Comments below. --- I V If'? (i6 hu. """ MARRIED: YES L OR NO MILITARY STATUS: YES NO x COMMENTS: AFFIDAVI:r OF SERVICE for 05-3252 I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and worn to ~~e on the..lL day of ,by the affiant who is person II kn n to me. ~~ PROCESS SERVER # Appointed in accordance with State Statutes ~if /o./~~~% CHOICE PRClCESS . TAMPA P.O, Box 12115 Tampa, FL :13601 (813) 229-1444 Our Job Serial Number: 2005003248 CopyrightCl1992-2Q05 Database Services, Inc. . Process Server's Toolbox V5.5j . ~ (") c: f'-":> ...--:-;:, .~ p~ "'1:>" ~c:: G') \ N j," o -"n -c ---'" ....'-'. -- f"J N :~:l Joseph A. Ricci, Esquire FARRELL & RICCI, PC 4423 North Front Street Harrisburg, PA 17110 717.230.9201 DARREN BRYAN and JENNIFER BRYAN, as parents and natural guardians of DAMON BRYAN, a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA minor, Plaintiffs vs. NO. 04.3252 DAVID B. EVANS, M.D. BELEVEDERE MEDICAL CORPORATION; CARLISLE HMA, INC., t/d/b/a CARLISLE REGIONAL MEDICAL CENTER, and CARLISLE HEALTH AND WELLNESS FOUNDATION, t/d/b/a CARLISLE REGIONAL MEDICAL CENTER Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT CARLISLE REGIONAL MI~DICAL CENTER'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT DUE TO NON-INVOLVEMENT AND NOW, comes Defendant HMA, t/d/b/a The Carlisle Regional Medical Center, by and through its counsel, Farrell & Ricci, P.C., by Joseph A. Ricci, Esquire, and requests that this Court dismiss the above.captioned matter for the following reasons: 1. The above-captioned matter seeks recovery of damages for incidents which occurred during the delivery and birth of Damon Bryan, a minor, which were to alleged to have occurred on May 23,2001. 2. Defendant HMA, t/d/b/a The Carlisle Regional Medical Center, is a corporate entity which did not come into existence until June 19, 2001. 3. Defendant HMA, t/dlb/a The Carlisle Regional Medical Center, is a separate and distinct corporate entity which has no responsibility for care provided at the 246 Parker Street, Carlisle, PA hospital facility prior to June 19, 2001. See Mfidavit of Non. Involvement attached hereto as Exhibit "A". 4. Pursuant to Pa. KC.P. 1036, it is proper to seek dismissal of an action for professional negligence when the Defendant had no involvement with or responsibility for the care provided to the Plaintiff. WHEREFORE, it is respectfully requested that this Honorable Court DISMISS Defendant HMA, tldlb/a Carlisle Regional Medical Center, as a Defendant from the above- captioned action. Respectfully submitted, FARRELL & RICCI, P,C, ~) "'\()~ Date: q~lP~00" ~ seph A. Ricci, Esquire Attorney I.D. No. PA49803 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendant Carlisle Health and Wellness Foundation improperly identified as Carlisle HMA, Inc., t/dlb/a Carlisle Regional Medical Center AFFIDAVIT 1. At all times material hereto care provided to Damon Bryan, which was hospital based, was provided at the Carlisle Hospital. 2. Carlisle Hospital was a separate subsidiary corporation of Carlisle Hospital and Health Services. 3. On June 19, 2001, Health Management Associates, Inc., of Naples, Florida, created a separate and distinct provider of hospital services known as the Carlisle Regional Medical Center. 4. On June 19, 2001, the Carlisle Area Health and Wellness Foundation was created by a corporate name change and is the successor to Carlisle Hospital and Health Services. 5. On June 19, 2001, Carlisle Health Services Corporation was created by a corporate name change and is the successor to Carlisle Hospital. 6. All existing liability of the Carlisle Hospital as related to patient care, which existed on June 19, 2001, is the responsibility of the successor corporations, Carlisle Health Services Corporation and the Carlisle Area Health and Wellness Foundation. 7. The correct corporate Defendant in the above-captioned matter should be named Carlisle Area Health and Wellness Foundation. 8. Because The Carlisle Regional Medical Center was not created until June 19, 2001, neither HMA nor The Carlisle Regional Medical Center provided any care whatsoever to Plaintiffs in the matter of Darren Brvan and Jennifer Brvan. as EXHIBIT "P~' . . . . EXHIBIT "A" Sep-O~-05 12:13P P.02 'D..8rentA And natQral flUArdiana of Damon Brvan. a nUnor. v. David B. EvaDe. M.D.. Belevedere Medical CorDoration. CarlWe HMA. '[lie.. tJdlbla C,rlisle Rerional MediCAl Center. and Carliale HeAlth and Wellneos Foundation. t1d1bJa CarUlllt:t Remnal Medical Cenu,r. CARLISLE REG.IONAL MEDICAL CENTER Date: If -to -(15" d/rr V~-?4V~14~/~ Georgeann i1ugtllDan Risk Man8.ge~ CERTIFICATE OF SERVICF~ AND NOW, this ~+h day of Sopiecnber , 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Harry S. Cohen, Esquire Douglas L. Price, Esquire HARRY S. COHEN & AsSOCIATES, P.C. 985 Two Chatham Center Pittsburgh, PA 15219 Lauralee B. Baker, Esquire MARGOUS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 FARRELL & RICCI, P.C. ~ .::. (") "" ,::-.~ f::::~ C..n L0 ~; I cr> o -n :::! rfl""' . r' -rom :'-)~-) "-~ {-,:, .-,-"-", <Jfq C:srn ~-~ jJ .< -n ::c C;2 r,) "" John W. Purcell, Jr. LD. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ipurcell(aJpkh.com HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3252 CIVIL TERM PALISADE OIL COMPANY AND THOMAS M. COBURN AND, JULIE COBURN, : CIVIL ACTION-LAW Defendants PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against the Defendants in the above matter, for failure to file a response to the Complaint, within twenty days of service, and after Ten Day Notice pursuant to Pa. RC.P. 237.1. Judgment shall be as follows: 1. In favor of the Plaintiff and against the Defendants for $46,305.25 as of June 15,2005, plus continuing interest thereafter, plus reasonable Attorney's fees and costs of suit. I hereby certify that a Ten Day Notice of Default was mailed to the Defendants on August 8, 2005 in accordance with the above referenced Rule. PURCELL, KRUG & HALLER BY () " '" "') BU <; Date: If1 "'a ?'JC' I , HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05.3252 CIVIL TERM PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN, : CIVIL ACTION-LAW Defendants NOTICE TO PLEAD TO: Palisade Oil Company, Defendant 25383 485th Avenue Garretson, SO 57030 DATE OF NOTICE: August 8, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717)240-3166 or (800) 990-9108 PURCELL, KRUG & HALLER BY John W. Purcell, Jr. 1.0.29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff NOTICIA IMPORTANTE TO: Palisade Oil Company, Defendant 25383 485\h Avenue Garretson, SO 57030 FECHA DE NOTICIA: August 8, 2005 USTED NO HA COMPLlDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED POD RIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA 0 LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)240-3166 or (800) 990-9108 HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3252 CIVIL TERM PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN, : CIVIL ACTION-LAW Defendants NOTICE TO PLEAD TO: Thomas M. Coburn, Defendant 25383 485\h Avenue Garretson, SO 57030 DATE OF NOTICE: August 8, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717)240-3166 or (800) 990-9108 PURCELL, KRUG & HALLER BY John W. Purcell, Jr. \.0.29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff NOTICIA IMPORT ANTE TO: Thomas M. Coburn, Defendant 25383 485th Avenue Garretson, SD 57030 FECHA DE NOTICIA: August 8, 2005, 2004 USTED NO HA COMPLlDO CON EL AVISO ANTERIOR PORQUE HA FAL TADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA. ES POSIBLE QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO. VAYA 0 LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA A YUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)240-3166 or (800) 990-9108 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA : NO. 05-3252 CIVIL TERM HARSCO CORPORATION, Plaintiff PALISADE OIL COMPANY AND THOMAS M. COBURN AND JULIE COBURN, : CIVIL ACTION-LAW Defendants NOTICE TO PLEAD TO: Julie Coburn, Defendant 25383 485th Avenue Garretson, SO 57030 DATE OF NOTICE: AU9ustB, 2005 yOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)240-3166 or (BOO) 990-910B PURCELL, KRUG & HALLER BY John W. Purcell, Jr. \.0.29955 1719 North Front Street Harrisburg. PA 17102 (717) 234-4178 Attorney for Plaintiff NOTICIA IMPORTANTE TO: Julie Coburn, Defendant 25383 485th Avenue Garretson, SO 57030 FECHA DE NOTICIA: August 8, 2005. 2004 USTED NO HA COMPLlDO CON EL AVISO ANTERIOR PORQUE HA FAL TADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA 0 LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA A YUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)240-3166 or (800) 990-9108 ~ ;A::J R ~ -:-() ft- Il () ('", r-_;;> , ,:'::.J c) c:~ D en OJ [' (.0 -l r f::: ........ -V r:-j m:!] ~ , ,-- (""':"1 ~ p=- O ~ "-l' ',_J ~ V) :",? " IlJ i: -~ .,': 0) , C') ~ (~) (,-:ir'n R J:- - , ~cD '-' -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREN BRYAN and JENNIFER BRYAN, as parents and natural guardians of DAMON BRYAN, a minor, CIVIL DIVISION Case: No.: 04-3252 Plaintiffs, v. Type of Pleading: DAVID B. CARLISLE HEALTH, M.D.; BELEVEDERE MEDICAL CORPORATION; CARLISLE HMA, INC., tfd/b/aJ CARLISLE CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HEALTH AND WELLNESS FOUNDATION, tld/b/a CARLISLE REGIONAL MEDICAL CENTER, PLAlNTIFFS' MOTION FOR STATUS CONFERENCE Filed on behalf of Plaintiffs Defendants. Counsel of Record: HARRY S. COHEN & ASSOCIATES, P.C. HARRY S. COHEN, ESQURIE PA J.D. # 30682 DOUGLAS L. PRICE, ESQUIRE PA J.D. # 64056 985 TWO CHATHAM CENTER PITTSBURGH, PA 15219 FIRM !.D. #813 (412) 2.81-3000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARREN BRYAN and JENNIFER BRYAN, as parents and natural guardians of DAMON BRYAN, a minor, CIVIL DIVISION Case No.: 04-3252 Plaintiffs, v. DAVID B. CARLISLE HEALTH, M.D.; BELEVEDERE MEDICAL CORPORATION: CARLISLE HMA, INC., tJdlb/al CARLISLE REGIONAL MEDICAL CENTER, and CARLISLE HEALTH AND WELLNESS FOUNDATION, tIdlb/a CARLISLE REGIONAL MEDICAL CENTER, Defendants. MOTION FOR STATUS CONFERENCE AND NOW, come the Plaintiffs, Darren and Jennifer Bryan, parents and natural guardians of Damon Bryan, a minor, by and through their attorneys, Harry S. Cohen & Associates, P.C., by Harry S. Cohen, Esquire and Douglas L. Price, Esquire and submit the following Motion for Status Conference and aver as follows: 1. Plaintiffs filed the instant medical malpractice action against the Defendants alleging negligence and delay in the treatment of Jennifer Bryan's pregnancy and labor, and the events surrounding the delivery of minor-Plaintiff, Damon Bryan, who was born on May 23, 2001. 2. This action was filed in the summer of 2004, preliminary objections were filed, and discovery began. A Motion to Amend the Complaint was pursued. The deposition of the Defendant Dr. Evan was scheduled, but delayed because of the pending Motion to Amend. 3. Additional Defendants have been brought into the case, however, Preliminary Objections and a Motion to Dismiss for lack of involvement has been filed. 4. The deposition of Dr. Evans is scheduled for December 8, 2005; however, other attempts at scheduling depositions have been difficult. 5. Considering that this is a case that will involve complex medical issues, evidentiary issues, and the inevitable discovery issues and disputes, to move this case along and toward trial, Plaintiffs request that this Court schedule a status conference to set the appropriate time lines and scheduling, to help work this case to a resolution. WHEREFORE, Plaintiffs ask this Honorable Court to schedule a Status Conference in this case. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Status Conference was served by U.S. Mail, postage pre-paid on this 17th day of October 2005 to the following: Lauralee B. Baker, Esquire Margolis Edelstein PO Box 932 Harrisburg, PA 17108-0932 (Counsel for Defendant David B. Evans, M.D.) Joe Ricci, Esquire Farrell & Ricci 4423 N. Front Street Harrisburg, PA 17110 (Counsel for Carlisle Area Health and Wellnt.ss Foundation) James W. Saxton, Esquire Maggie M. Finkelstein, Esquire Stevens & Lee 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (Counsel for Belvedere Medical Corporation) By: CIA TES, PC -~, () .~?" -r\ ~..)''' C;\ ':...=I -- ...0 , " -t') r'" .' o (",.'" NELSON LEVINE de LUCA & HORST, LLC BY: JOHN M. CLARK, ESQUIRE IDENTIFICATION NO,: 72652 BY: WILLIAMDIRKPASTORICK IDENTIFICATION NO,: 77070 457 HADDONFIELD ROAD, SUITE 710 CHERRY HILL, NJ 08002 (856) 665-8500 Attorneys for Defendant, Certain Underwriters at L1oyds, Londlon THOMAS KINNEY, SR., AND PAOLA KINNEY d/b/a KINNEY ASSOCIATES and INTEGRITY BANK and WILLIAM WRAY, JR. and KAY GRAY WRAY and NANA E, WRAY DESTEFANO d/b/a DWM PROPERTIES Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 04-2453 v, .-' '""' c-;;-"...l c.r\ CIVIL ACTION - LAW C') c: LLOYD'S OF LONDON, BELL & CLEMENTS LIMITED, W,N, TUSCANO AGENCY, INC. and COMMUNITY BANKS INSURANCE SERVICES, LLC o C) -, 'SJ Defendant(s) c') C-,) N DEFENDANT CERTAIN UNDERWRITERS AT LLOYDS, LONDON'S MOTION FOR LEAVE OF COURT TO PROPOUND REOUESTS FOR ADMISSIONS ON DEFENDANT COMMUNITY BANKS INSURANCE SERVICES. LLC IN EXCESS OF THE LIMIT IMPOSED BY CUMBERLAND COUNTY I,OCAL RULE 4005-1. Defendant Certain Underwriters at Lloyds, London (incorrectly identified in the Complaint as "Lloyd's of London"), by and through its attorneys Nelson Levine de Luca & Horst, LLC, hereby submits the instant Motion for Leave of Court to propound additional requests for admissions. In support thereof, Defendant Certain Underwriters at Lloyds, London avers as follows: I. Plaintiffs commenced the instant civil action, following which they filed an Amended Complaint against, inter alia, Defendant Certain Underwriters at Lloyds, London on or o -0 ::r!-n rne, -rJ i..:.1 -j <;.J <(~) --:) -},;! ~ .~_ ( i ,/;~I-n 'r-;>- :;::J ..< about October 19, 2004. (See Plaintiffs' Amended Complaint, a true and correct copy of which is attached hereto as Exhibit "A.") 2. Pennsylvania Rule of Civil Procedure No. 4014 allows for a party to propound request for admissions. The applicable rule states in pertinent part as follows: (a) A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rules 4003.1 through 4003.5 inclusive set forth in the request that relate to statements or opinions offact or of the application oflaw to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or available for inspection and copying in the county. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. 3. Cumberland County Local Rule 4005-1 limits the number ofrequests for admissions that can be propounded by litigants. Local Rule 4005-1 states in pertinent part as follows: Interrogatories or requests for admissions to a party, as a matter of right, shall not exceed forty (40) in number. Interrogatories or requests for admissions inquiring as to the names and locations of witnesses, or the existence, location and custodian of documents or physical evidence each shall be construed as one (1) interrogatory or request for admission. All other intl;:ITogatories or request for admissions, including subdivisions or one numbered interrogatory or request for admission, shall be construed as separate interrogatories or requests for admissions. If counsel for a party believes that more than forty (40) interrogatories or requests for admissions are necessary, he shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories or requests for admissions. Counsel is expected to comply with this requirement on good faith. In the event a written stipulation cannot be agreed upon, the party seeking to submit additional interrogatories or requests for admissions shall file a motion with the court showing the necessity for relief. 2 4. The purpose of the discovery tool, which allows a party to serve request for admissions, is to clarify and simplify issues raised in prior pleadings in order to expedite the litigation process. See Christian v. Pennsvlvania Financial Responsibilitv Assigned Claims Plan, 454 Pa.Super. 512, 686 A.2d I (1996); Brindley v. Woodland Vil1al~e Restaurant. Inc., 438 Pa.Super. 385, 652 A.2d 865 (1995). 5. In order to clarify and simplify the issues raised during prior pleadings and mentioned during the depositions of the essential witnesses in this case, Defendant Certain Underwriters at Lloyds, London seeks to propound seventy-five (75) requests for admissions as to Defendant Community Banks Insurance Services, LLC. Although these proposed requests for admissions are in excess of Cumberland County Local Rule 4005-1, Defendant Certain Underwriters at Lloyds, London respectfully posits that these requests will substantially narrow the complex insurance coverage issues in dispute herein, thus expediting the instant litigation. (A true and correct copy of Defendant Certain Underwriters at Lloyds, London's proposed seventy-five (75) Requests for Admissions is attached hereto as Exhibit "B.") 6. The requests for admissions proposed by Defendant Certain Underwriters at Lloyds, London are not intended to harass nor annoy Defendant Community Banks Insurance Services, LLC. To the contrary, these requests for admissions have been specifically drafted and narrowly tailored to simplify pertinent factual issues in this case, including probative transactions and the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of many key documents. (See Exhibit "B.") 7. This matter is a complex insurance coverage dispute, which arose from a highly complicated matrix of facts involving numerous purported communications between the multiple parties named in this litigation. (See Exhibit "A.") As such, the receipt, content and purported 3 scope of many key documents is central to expeditiously resolving this matter. In order to clarify when probative transactions occurred, as well as when key documents were received and/or sent by Defendant Community Banks Insurance Services, Defendant Certain Underwriters at Lloyds, London respectfully asserts that the proposed requests for admissions attached hereto as Exhibit "B" are the most efficient and expeditious manner of addressing th(:se critical factual issues. 8. Plaintiffs' counsel has refused to enter into a written stipulation allowing Certain Underwriters at Lloyds, London to serve the requests for admissions in the form proposed. Plaintiffs' counsel has indicated they will only answer forty (40) requests for admissions, per Cumberland County Local Rule 4005-1. WHEREFORE, Defendant Certain Underwriters at Lloyds, London hereby requests that this Honorable Court to grant leave allowing Defendant Certain Underwriters at Lloyds, London to propound seventy-five (75) requests for admissions upon Defendant Community Banks Insurance Services, LLC in the form proposed. NELSON LEVINE de LUCA & HORST, LLC BY: ~ _I A . . . <" JOHN M. CLARK, E~:tJdIRE WILLIAM DIRK PASTORICK, ESQUIRE ATTORNEYS FOR DEFENDANT CERTAIN UNDERWRITERS AT LLOYDS, LONDON l~ Dated: October' , 2005 4 ..r' THOMAS KINNEY SR. and PAOLA IN THE COURT OF COMMON PLEAS KINNEY d/b/a KINNEY ASSOCIATES, : OF CUMBERLAND COUNTY, INTEGRITY BANK, and WILLIAM : PENNSYLVANIA WRAY, JR., KAY GRAYWRAY, and NANA E. WRAY DESTEFANO d/b/a : JURY TRIAL DEMANDED DWM PROPERTIES, Plaintiffs, NO, 04-2453 v, CIVIL ACTION -- LAW LLOYD'S OF LONDON, BELL & CLEMENTS LIMITED, W.N. TUSCANO AGENCY, INC., and COMMUNITY BANKS INSURANCE SERVICES, LLC, Defendants. 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 withoutfUlrther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION Jl.BOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Associatiion 2 Liberty Avenue Carlisle, PA Telephone Number (717) 249-3166 ~ THOMAS KINNEY SR. and PAOLA : IN THE COURT OF COMMON PLEAS KINNEY d/b/a KINNEY ASSOCIATES, : OF CUMBERLAND COUNTY, INTEGRITY BANK, and WILLIAM : PENNSYLVANIA WRAY, JR., KAY GRAY WRAY, and NANA E. WRAY DESTEFANO d/b/a : JURY TRIAL DEMANDED DWM PROPERTIES, Plaintiffs, NO. 04-2453 v, CIVIL ACTION ... LAW LLOYD'S OF LONDON, BELL & CLEMENTS LIMITED, W.N. TUSCANO AGENCY, INC., and COMMUNITY BANKS INSURANCE SERVICES, LLC, Defendants. AMENDED COMPLAINT In accordance with the Court's Orders of October 7, ~~004, Plaintiffs Thomas Kinney Sr. and Paola Kinney, d/b/a Kinney Associates, Inte!Jrity Bank, and William Wray, Jr., Kay Gray Wray, and Nana E. Wray Destefano, hereby bring this Amended Complaint against Defendants Lloyd's of London, Bell & Clements Limited, W.N. Tuscano Agency, Inc., and Community Banks Insurance Services, LLC. In support of the Amended Complaint, Plaintiffs assert the following: THE PARTIES 1. Plaintiffs Thomas Kinney Sr. and Paola Kinney d/b/a Kinney Associates (the "Kinneys") are adult individuals, husband and wife, residing in Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Integrity Bank ("Integrity") is a Pennsylvania financial institution with a principal place of business located at 3345 Market Street, Camp Hill, Cumberland 2 County, Pennsylvania. It holds a mortgage on the Kinneys' property located at 320-328 Market Street, Lemoyne, Cumberland County, Pennsylvania (the "Property"), which is at issue in this action. 3. Plaintiffs William Wray, Jr., Kay Gray Wray, and l\Iana E. Wray Destefano d/b/a DWM Properties (collectively "DWM") are adult individuals residing in the Commonwealth of Pennsylvania. William Wray and Kay Wray are husband and wife, Nana Destefano is William Wray's sister. DWM holds a purchase money mortgage on . the Property. 4. Defendant Lloyd's of London ("Lloyd's") is an insurance market and citizen of the United Kingdom, consisting of a number of separate businesses (syndicates), which underwrite risks on a shared basis. An insurance syndicate is a group of Lloyd's members, corporate or individual, who provide capital to back the liabilities they insure, 5. According to Lloyd's Intemet website, the United States currently accounts for over a third of Lloyd's premium income. Lloyd's website directs U.S. customers to the website of the National Association of Professional Surplus tines Offices, Ltd. ("NAPSLO"). 6, Defendant Bell & Clements Limited ("Bell & Clements") is a citizen of the United Kingdom, located at 4 Sf. Dunstan's Hill, London EC<lR 8HJ. Bell & Clements places risk in the Lloyd's market on behalf of clients. Bell & Clements negotiates the terms of insurance sold in Pennsylvania, and issues insurance policy forms. 7. Defendant W. N. Tuscano Agency, Inc. ("Tuscano") is a Pennsylvania corporation with an office at 950 Highland Avenue, Greensburg, Westmoreland County, Pennsylvania. Tuscano is involved in the issuance of surplus lines insurance, and 3 provides retail insurance agents with access to lines of insurance, which they might not otherwise have. Tuscano is a member of NAPSLO, and it is identified as such on the NAPSLO Internet website. 8. Defendant Community Banks Insurance Services LLC is a Pennsylvania Limited Liability Company located at 150 Market Square, Millersburg, Dauphin County, Pennsylvania. Community Banks Insurance Services LLC is a wholly owned subsidiary of CommunityBanks (the "Bank") that was established to provide personal and commercial insurance products to the Bank's customers. 9. On or about September 15, 2003, Defendant Community Banks Insurance Services LLC acquired the operations of Hutter Agency, Inc. The Hutter Agency was a retail insurance broker, approved to write business with Tuscano, and located at 41 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Defendant Community Banks Insurance Services LLC continued the operations of the Hutter Agency, including the relationship with Tuscano, and it continued to use the name "Hutter Agency." 10. The Hutter Agency had obtained the insurance policy that forms the basis of this lawsuit ("the Policy") from Tuscano, which in turn corresponded with Bell & Clements. Defendant Community Banks Insurance Services LLC began servicing the Policy on or about September 15, 2003, when it acquired the operations of the Hutter Agency. (The term "Hutter" shall henceforth mean and refer to: Hutter Aqency, Inc. as to transactions or events occurrinq before September 15. 2003. and Defendant Community Banks Insurance Services LLC as to transactions or events occurrinq on or after September 15, 2003). 4 THE FACTS The Issuance Of The PolicV 11. On or about August 13,2003, Kinney applied with Hutter for a policy of insurance to cover the Property, in the amount of $922,000 for fire and casualty and $50,000 for business interruption (the "Policy"). Kinney's application identified Integrity and DWM as mortgagees on the Property, under "ADDITIONAL INTERESTS." (See Exhibit "A.") 12. Through the use of a premium finance company" Kinney paid the premiums on the Policy in advance. Kinney paid the premiums necessary to obtain insurance coverage from August 13, 2003, through August 13, 2004. 13. Following receipt of Kinney's application and the premiums, Hutter obtained insurance on the Property through Tuscano and Bell & Clements. Coverage was bound on or about October 6, 2003 - effective August 13, 2003, through August 13,2004. (Exhibit "8,. Quote #CQ066336Q). 14. The Quote was a "Bell & Clements Limited Special Form," and it identified the insurance as "effective with certain Underwriters at Lloyd's, London." 15. Robert Tuscano executed the Quote as the "Authorized Signatory" "for and on behalf of the W.N. Tuscano Agency, Inc." 16. Kinney was not provided with a copy of the Policy until after the fire at the Property on January 20, 2004, when Kinney's attorneys requested the Policy from Tuscano and Hutter. (A copy of the Policy received by Kinney's attorneys is attached 5 hereto as Exhibit we. w The declaration sheet identifies Integrity and DWM as mortgage holders). The Attempted Cancellation Of Th4~ Policy 17. PriDr to issuing the insurance binder Dn OctDber 6,2003, Lloyd's had obtained an inspectiDn of the PrDperty, and the inspectDr had identified certain "LDss Control Recommendations." L1Dyd's nonetheless issued the binder for the PDlicy without making the binder contingent on compliance with the "Loss Control Recommendations: None of the Plaintiffs received the "Loss Control ReCommendations" on or before the date that Lloyd's issued the insurance binder. 18. After the insurance binder was issued, a dDcument ehtitled "Loss Control Recommendations And Material Representation Form" was forwarded to Kinney in the fall of 2003. The document stated, in pertinent part, as follows: A current Loss Control Inspection reveals the following hazards and/or deficiencies that require immediate correction. 2003-1: IT WAS NOT POSSIBLE TO DETERMINE DURING THIS INSPECTION WHETHER OR NOT THE ELECTRICA,L SYSTEM HAS BEEN INSPECTED WITHIN THE PAST THREE (3) YEARS BY A COMPETENT ELECTRICAL INSPECTOR. THE ELECTRICAL CONTRACTOR AND A WRITTEN REPORT MADE OF THE FINDINGS. THIS REPORT SHOULD BE SUBMITTED TO YOUR COMPANY. ANY DEFICIENCIES NOTED AS COMPARED TO THE NATIONAL ELECTRICAL CODE SHOULD BE CORRECTED AS PROMPTLY AS POSSIBLE. 2003-2: THE DANGLING WIRED SMOKE DETECTOR IN THE STAIRWELL OF THE COUNSELING OFFICE SHOULD BE REPAIRED OR REPLACED. 2003-3: ALL PULLING AWAY FASCIA SHOULD BE REPAIRED OR REPLACED. 6 2003-4: ALL VINE AND WEED GROWTH ON THE BUILDING AND THE EXTERIOR STEPS SHOULD BE CUT AWAY AND KEPT ORDERLY AT ALL TIMES. 2003-5: ALL MISSING AND CRACKED MORTAR SHOULD BE REPLACED. 2003-6: THE LEFT/REAR OVERHANG ABOVE THE DOOR IS PROPPED UP BY TEMPORARY WOOD POSTS, WHICH SHOULD BE REPLACED WITH A SUPPORT SYSTEM THAT IS SUITED FOR THE OVERHANG WEIGHT. (BOTH DEAD AND ANY LIVE LOADS). (See Exhibit "D.") 19. On November 4, 2003, Thomas Kinney signed and returned the Loss Control Recommendations And Material Representation Form to Tom Viehman at Hutter, indicating that he "needled) additional time to compli9te" the recommended repairs. The Form was stamped "received" on November 6, 2003. 20. Unbeknownst to Kinney, Integrity or DWM, before or about the time it received the signed Form from Kinney requesting additional time to complete the repairs, Tuscano purportedly sent a notice to cancel the Policy issued to Kinney. Neither Kinney nor the mortgage holders received notice that the Policy had purportedly been cancelled until after the fire at the Property. The Fire At The Property 21, On January 20, 2004, an arson fire occurred at the Property. The arson suspect was arrested and taken into custody by law enforcement authorities on that date, and the suspect is currently in prison awaiting trial. Neither Kinney, nor either of the mortgage holders on the Property, had anything whatsoever to do with the arson. 22. Shortly after the fire, Kinney contacted Tom Yiehman at Hutter in order to report the fire. At that time, Kinney was advised by Yiehman that the Policy had been 7 previously cancelled. This was the first time that Kinney received notice that the Policy had allegedly been cancelled. 23. By letter dated January 23, 2004, Kinney provided written notice of the fire to Tuscano, which subsequently advised Kinney's attorneys that the Policy had allegedly been cancelled prior to the fire. 24. On the morning of January 20, 2004, Integrity checked its files to confirm that Integrity had appropriate insurance coverage for the loss. The file confirmed that coverage was in place. 25. On the morning of January 20, 2004, Integrity contacted Hutter, at which time Integrity was advised that the Policy had been cancelled due to Kinney's alleged non-compliance with Lloyd's loss control recommendations. This was the first time that Integrity was notified of the Policy's alleged cancellation. 26. On January 20,2004, Integrity received a "Courtesy Notice of Cancellation" from Tuscano, which was post-marked January 14, 2004, indicating that the Policy had been cancelled effective January 7,2004. This was the first written notice that Integrity received conceming the Policy's alleged cancellation. 27. DWM never received written or oral notice from any of the Defendants that the Policy had been cancelled. Tuscano prepared a Courtesy Notice addressed to the wrong address. 28. Following the fire, and the denial of coverage by Defendants, the Kinneys obtained an estimate from Young Adjustment Company, Inc., as to the damage done by the fire. The estimate indicates that the Property sustained damage of over $1.2 million, exceeding the coverage of $922,000, which the Policy provides. (Exhibit "E.") 8 29. In addilion to the property damage, the Kinneys have sustained a loss of business income due to loss of tenant income, which loss is continuing. Failure To Provide Notice Of Cancellation 30. Under 40 P.S. ~ 3403(a)(3), Lloyd's was obligated to provide Kinney with 60 days' notice of cancellation. II failed to do so. 31. Under the Policy, Lloyd's was required to give Integrity and DWM 30 days' notice of cancellation. (Exhibit "C: at Building and Personal Property Coverage Form, F.2,f.(2)). It failed 10 do so. 32. Tuscano acts on behalf of Lloyd's and Bell & Clements. Under 31 Pa. Code 9 113,86, "The insurer is responsible for the aulhorized agent's failure to meet the requirements for providing notice of midlerm cancellation or nonrenewal to the named insured." Cancellation Based On Improper Grounds 33. The Notice of Cancellation, which was provided to Kinney's attorneys following the fire, states that the Policy was cancelled due to "Material failure to comply with policy terms, conditions or contractual duties: failure to comply with inspection recommendations." (Exhibit "F. ") 34. The Notice of Cancellation, which was provided t<J Kinney's attorneys following the fire, states that the "INSURANCE COMPANY" is "Bell & Clements Limited." (Exhibit "F.") 35. A purported Cancellation Endorsement, which was provided to Kinney's attorneys in discovery, slates that the policy was cancelled ")\t the request of the 9 Company." (Exhibit "H.") That same Endorsement identilr.es the "COMPANY" as "Bell & Clements Limited." (Exhibit "H.") 36. Under 40 P.S. ~ 3402, an insurer is prohibited from canceling a policy of insurance covering commercial property or casualty risks for any reason other than, in relevant part, the following: (1) A condition, factor or loss experience material to insurability has changed substantially or a substantial condition, factor or loss experience material to insurability has become known during the policy term. (7) Material failure to comply with policy terms, conditions or contractual duties. 37. The conditions identified in the "Loss Control Recommendations And Material Representation Form" did not materially increase or substantially change the risks covered by the Policy. Moreover, the conditions had nothing to do with the fire, which was the result of arson by an unrelated third party. 38. The conditions identified in the "Loss Control Recommendations And Material Representation Form" did not "become known during the policy term," as Lloyd's had received an inspection report for the Property, and was well aware of the condition of the Property, before it bound coverage on the Property. 39. Due to Lloyd's negligence, and the negligence of Tuscano and Hutter, Kinney never received a copy of the Policy prior to the fire, and therefore cannot be deemed to have breached the Policy by failing to comply with loss Control Recommendations. 10 Improper Underwritinq 40. Lloyd's, Bell & Clements, and Tuscano have engaged in improper underwriting by attempting to cancel the Policy based upon conditions of which they were fully aware at the time coverage was bound. 41. On September 2, 2003, Tuscano sent Hutter an e-mail, stating in pertinent part, the following: THE COMPANY NEEDS THE FOLLOWING INFORMATION BEFORE ISSUING A BINDER. 1. SATISFACTORY CONDITION OF BUILDING 2. GOOD HOUSEKEEPING 3. NEIGHBORHOOD SATISFACTORY. PLEASE FORWARD THIS INFORMATION ASAP. (Exhibit "G, " emphasis added). 42. By no later than September 25, 2003, Tuscano had in its possession the loss control report for the Property, which identified the Loss Control Recommendations that purportedly formed the basis for Lloyd's later cancellation of the Policy. 43. On October 6, 2003, Tuscano bound coverage for the Property effective August 13, 2003, while having full knowledge ofthe conditions, upon which it later based the cancellation of Kinney's Policy, (Exhibit "B.") 44. The e-mail of September 2,2003, indicates that Tuscano had received evidence of the "SATISFACTORY CONDITION OF BUILDING" at the time it bound coverage. (Exhibit "G.") 45. Lloyd's, acting through its representative Tuscano, bound coverage because it wished to retain the premiums, which Kinney had paid in advance for insurance coverage from August through October 2003. 11 Failure To Provide Adequate Time To Implement Loss Control Recommendations 46. Lloyd's, through its representative Tuscano, failed to provide Kinney with a reasonable time in which to implement the requested Loss Control Recommendations. Lloyd's took almost 2 months to obtain an inspection and bind coverage; and yet, it gave Kinney less than 30 days to make the requested repairs. 47. Lloyd's, through its representative Tuscano, ignored Kinney's request for additional time to make the requested repairs. 48. Lloyd's, through its representative Tuscano, never provided Integrity or DWM with an opportunity to makEl the requested repairs, Status As An Insurer And Party To The Insurance Contract Bell & Clements Limited 49. Bell & Clements is a party to the Plaintiffs' insurance contract and an "insurer" under the applicable law of this Commonwealth. a. Bell & Clements functions as a "name" within the Lloyd's insurance market, and names are the providers of insurance in that market. b. Bell & Clements negotiated the tenns of the insurance contract that was issued to Kinney. c. The insurance binder specifically states that Bell & Clements negotiated the terms of the insurance. (Exhibit "B.") d. Bell & Clements has undelWriting and policy issuing authority with respect to the Policy in question. 12 e. The Notice of Cancellation, which was provided to Plaintiffs' attorneys after the fire, specifically identified the "INSURANCE COMPANY" as "Bell & Clements Limited." (Exhibit "F.") f. Lloyd's is not licensed to write insurance in the Commonwealth of Pennsylvania. (Exhibit "B.") g. Under 40 P.S. S 991.1603(b), a person who assists or in any manner aids directly or indirectly, in the procurement of insurance from a nonadmitted insurer, is liable to the insured for the full amount payable under the provisions of the insurance contract. h. Bell & Clements assisted and aided in the procurement of the insurance at issue in this case, and is liable to Plaintiffs for the full amount payable under the provisions of the insurance policy. i. Bell & Clements issues insurance policy forms. j. The insurance binder in this case was issued on a "BELL & CLEMENTS LIMITED SPECIAL FORM." (Exhibit "B.") k. Bell & Clements makes decisions regardin91 the binding and cancellation of coverage. I. A purported Cancellation Endorsement, which was provided to Kinney's attorneys in discovery, states that the policy was cancelled "At the request of the Company." (Exhibit wHo W) That same Endorsement identifies the "COMPANY" as "Bell & Clements Limited." (Exhibit "H.") 13 Tuscano 50. Tuscano is a party to the Plaintiffs' insurance contract and an "insurer" under the applicable law of this Commonwealth. a. Tuscano functions as part of an "eligible surplus lines insurer." b. Tuscano has underwriting and policy issuing authority with respect to the Policy in question. c. Tuscano had an obligation under 31 Pa.Code S 124.4 to deliver the Policy to the Kinneys, and it failed to do so. d. Tuscano executed the insurance binder at Exhibit "B," binding coverage on the Plaintiffs' Policy. e. Tuscano made decisions regarding the binding and cancellation of coverage. f. Tuscano collected premiums, and provided administration for the Policy. g. Tuscano purported to make a contract with Plaintiffs for a partially disclosed principal, that being "certain Underwriters at Lloyd's, London." Lloyd's later denied that Tuscano had authority to do so, making Tuscano individually liable for coverage, h. Lloyd's is not licensed to write insurance in the Commonwealth of Pennsylvania. (Exhibit "B.") i. Under 40 P.S. S 991.1603(b), a person who assists or in any manner aids directly or indirectly, in the procurement of insurance from a nonadmitted insurer, is 14 liable to the insured for the full amount payable under the provisions of the insurance contract. j. Tuscano assisted and aided in the procurement of the insurance at issue in this case, and is liable to Plaintiffs for the full amount payable under the provisions of the insurance policy. COUNT I BREACH OF CONTRACT KINNEY v. LLOYD'S, BELL & CLEMENTS, AND TUSCANO 51. Paragraphs 1 to 50 above are hereby incorporat1ed by reference as if set forth in full below. 52. On or about August 13, 2003, Kinney applied with Hutter for a policy of insurance to cover the Property, in the amount of $922,000 for fire and casualty and $50,000 for business interruption. (Exhibit "A.") 53. Through the use of a premium finance company, Kinney paid the premiums on the Policy in advance. Kinney paid the premiums necessary to obtain insurance coverage from August 13, 2003, through August 13, 2004. 54. Following receipt of Kinney's application and the premiums, Hutter obtained insurance on the Property through Tuscano and Bell & Clements. Coverage was bound on or about October 6, 2003 - effective August 13, 2003, through August 13, 2004. (Exhibit "8.") 55. Lloyd's, Bell & Clements, and Tuscano failed to provide Kinney with a copy of the Policy until after the fire at the Property had occurred. 56. At the time coverage was bound, Lloyd's, Bell & Clements, and Tuscano were fully aware of the issues identified in the "Loss Control Hecommendations And 15 Material Representation Formn; nevertheless, they chose to bind coverage on Kinney's Policy. 57. Under the Policy, Kinney is entitled to coverage for the damage to the Property and loss of business income caused by the fire on January 20, 2004. 58. Kinney has demanded coverage for the damage to the Property and loss of business income. 59. Lloyd's, Bell & Clements, and Tuscano have failed and refused to provide coverage. 60. Lloyd's, Bell & Clements, and Tuscano cancelled the Policy without providing Kinney with the required 60 days' notice, and without providing Integrity and DWM with the required 30 days' notice under the Policy. 61. Lloyd's, Bell & Clements, and Tuscano cancelled the Policy based on conditions that did not materially increase or substantially change the risks covered by the Policy. Further, the conditions had nothing to do with the fire, which was the result of arson by an unrelated third party. 62. Lloyd's, Bell & Clements, and Tuscano failed and refused to provide Kinney with the time necessary to make the repairs that had been requested. They also failed to provide Integrity andlor DWM with an opportunity to make the requested repairs. 63. Lloyd's, Bell & Clements, and Tuscano have breached the terms of the Policy issued to Kinney, and the requirements of Pennsylvania law, by attempting to cancel the Policy, and denying coverage to Kinney. 16 64. As a direct and proximate result of the failure and refusal of Lloyd's, Bell & Clements, and Tuscano to abide by the terms of the Policy and existing law, Kinney has been deprived of the proceeds of the Policy. 65. As indicated by the estimate of Young Adjustment Company, Inc., the damage to the Property is in excess of $1.2 million, and exceeds the Policy's coverage of $922,000. (Exhibit "E.") 66. Kinney has and continues to sustain loss of business income, due to the loss of rental income and tenants at the Property. 67 , To date, Kinney has neither received compensation for the damage to the Property nor the resulting loss of business income. WHEREFORE, Plaintiffs Thomas Kinney Sr. and Paola Kinney demand judgment against Defendant Lloyd's of London, Bell & Clements Limited, and W.N. Tuscano Agency, Inc. in the amount due under the Policy, pl'us costs, prejudgment, and post-judgment interest. COUNT II BREACH OF CONTRACT INTEGRITY v. LLOYD'S, BELL & CLEMENTS. & TUSCANO 68, Paragraphs 1 to 50 above are hereby incorporated by reference as if set forth in full below, 69. On or about August 13, 2003, Kinney applied with Hutter for a policy of insurance to cover the Property. In the application, Integrity was expressly identified as a mortgagee, under "ADDITIONAL INTERESTS." (Exhibit "A,.") 17 70. Through the use of a premium finance company, Kinney paid the premiums on the Policy in advance. Kinney paid the premiums necessary to obtain insurance coverage from August 13, 2003, through August 13, 2004. 71. The Declaration Sheet of the Policy, which was ultimately issued, identified Integrity as a mortgage holder. (Exhibit "C.") 72. Lloyd's, Bell & Clements, and Tuscano failed to provide Integrity with any notice that the Property needed repairs, and failed to provide Integrity with any opportunity to make the requested repairs. 73. Lloyd's, Bell & Clements, and Tuscano attempted to cancel the Policy without providing Integrity 30 days' notice, as expressly required by the Policy. (Exhibit "C," Building and Personal Property Coverage Form, F.2.f.(2)). 74. Because Integrity did not receive 30 days' notice of cancellation, the Policy remained in full force and effect as to Integrity, and the Policy provided coverage for the damage to the Property caused by the fire on January 20, 2004. 75. Under Pennsylvania law and the terms of the Policy, Integrity has a separate and distinct interest under the Policy, which interest is not affected by the actions or inactions of Kinney. (See Exhibit "c," Building and Personal Property Coverage Form, F.2.d.) 76. Lloyd's, Bell & Clements, and Tuscano have breached the terms of the Policy and the requirements of Pennsylvania law by failing to provide Integrity 30 days' notice of cancellation and thereafter, denying coverage under the Policy. 77. Integrity has demanded coverage for the damage to the Property. 18 78. Despite Integrity's demand, Lloyd's, Bell & Clements, and Tuscano have failed and refused to provide coverage. 79. As a direct and proximate result of the failure and refusal of Lloyd's, Bell & Clements, and Tuscano to abide by the terms of the Policy and existing law, Integrity has been denied the proceeds of the Policy. WHEREFORE, Plaintiff Integrity Bank demands jud9ment against Defendant Lloyd's of London, Bell & Clements Limited, and W.N. Tuscano Agency, Inc. in the amount due under the Policy, plus costs, prejudgment, and post-judgment interest. COUNT III BREACH OF CONTRACT WILLIAM WRAY, JR" KAY GRAY WRAY, and NANA E, WRAY DESTEFANO (COLLECTIVELY D/B/A DWM PROPERTIES) v. LLOYD'S, BELL & CLEMENTS. & TUSCANO 80. Paragraphs 1 to 50 above are hereby incorporated by reference as if set forth in full below. 81. On or about August 13,2003, Kinney applied with Hutter for a policy of insurance to cover the Property. In the application, DWM was expressly identified as a mortgagee, under nADDITIONAL INTERESTS." (Exhibit "A"') 82. Through the use of a premium finance company, Kinney paid the premiums on the Policy in advance. Kinney paid the premiums necessary to obtain insurance coverage from August 13, 2003, through August 13, 2004. 83. The Declaration Sheet of the Policy, which was ultimately issued, identified DWM as a mortgage holder. (Exhibit "C.") 19 84. Lloyd's, Bell & Clements, and Tuscano failed to provide DWM with any notice that the Property needed repairs, and failed to provide DWM with any opportunity to make the requested repairs. 85. Lloyd's, Bell & Clements, and Tuscano attempted to cancel the Policy without providing DWM 30 days' notice, as expressly required by the Policy. (Exhibit "C," Building and Personal Property Coverage Form, F.2J.(2)). 86. Because DWM did not receive 30 days' notice of cancellation, the Policy remained in full force and effect as to DWM, and the Policy provided coverage for the damage to the Property caused by the fire on January 20, 2004. 87. Under Pennsylvania law and the terms of the Policy, DWM has a separate and distinct interest under the Policy, which interest is not affected by the actions or inactions of Kinney. (See Exhibit "C," Building and Personal Property Coverage Form, F.2.d.) 88. Lloyd's, Bell & Clements, and Tuscano have breached the terms of the Policy and the requirements of Pennsylvania law by failing to provide DWM 30 days' notice of cancellation and thereafter, denying coverage under the Policy. 89. As a direct and proximate result of the failure and refusal of Lloyd's, Bell & Clements, and Tuscano to abide by the terms of the Policy and existing law, DWM has been denied the proceeds of the Policy. WHEREFORE, Plaintiffs William Wray, Jr., Kay Gray Wray, and Nana E. Wray Destefano d/b/a DWM Properties demand judgment against Defendant Lloyd's of London, Bell & Clements Limited, and W.N. Tuscano Agency, Inc. in the amount due under the Policy, plus costs, prejudgment, and post-judgment interest. 20 COUNT IV NEGLIGENCE KINNEY, INTEGRITY, WILLIAM WR/W, JR., KAY GRAY WRAY, and NANA E. WRAY DESTEFANO v. COMMUNITY BANKS INSURANCE SERVICES LLC 90. Paragraphs 1 to 50 above are hereby incorporated by reference as if set forth in full below. 91. As an insurance broker, Hutter1 had a duty to its clients, Thomas and Paola Kinney, and their mortgagees Integrity and DWM, to exercise that degree of care that a reasonably prudent businessman in the brokerage field would exercise under similar circumstances. 92. The duties of Hutter included specifically the following: a. Notifying Kinney, Integrity, and DWM of the cancellation of the Policy in a timely fashion; b. Forwarding to Kinney, Integrity, and DWM in a timely fashion, any notifications from Lloyd's, Bell & Clements, or Tuscano regarding the cancellation of the Policy; c, Forwarding to Kinney, Integrity, and DWM in a timely fashion, any notifications from Lloyd's, Bell & Clements, or Tuscano regarding repairs that needed to be made to the Property; d. Forwarding to Kinney, Integrity, and DWM in a timely fashion, any and all relevant correspondence from Lloyd's, Bell & Clements, or Tuscano; 1 As stated above, the term "Hutter" means and refers to: Hutter Agency, Inc. as to transactions or events occurring before September 15, 2003, and Defendant Community Banks Insurance Services LLC as to transactions or events occurring on or after September 15, 2003. 21 e. Notifying Lloyd's, Bell & Clements, and Tuscano of Kinney's request for additional time to implement loss control recommendations; f. Giving Integrity and DWM an opportunity to implement loss control recommendations; g. Informing Kinney, Integrity, and DWM of altemative insurance coverage arrangements; and h. Acting in accordance with existing Pennsylvania law governing the conduct of insurance brokers. 93. Hutter breached its duties to Kinney, Integrity, and DWM by the following: a. Failing to timely notify Kinney, Integrity, and! DWM of the cancellation of the Policy; b. Failing to timely forward to Kinney, Integrity,. and DWM notifications from Lloyd's, Bell & Clements, and Tuscano regarding the cancellation of the Policy; c. Failing to timely forward to Kinney, Integrity, and DWM notifications from Lloyd's, Bell & Clements, and Tuscano regarding repairs that needed to be made to the Property; d. Failing to timely forward to Kinney, Integrity, and DWM relevant correspondence from Lloyd's, Bell & Clements, and Tuscano; e. Failing to timely notify Lloyd's, Bell & Clements, and Tuscano of Kinney's request for additional time to implement loss control recommendations; f. Failing to give Integrity and DWM an opportunity to implement loss control recommendations; 22 g. Failing to inform Kinney, Integrity, and DWM of alternative insurance. coverage arrangements; and h. Failing to act in accordance with applicable Pennsylvania law governing the conduct of insurance brokers. 94. As a direct and proximate result of Hutter's negli!Jence and breach of its duties, the Policy was cancelled without the knowledge of Kinney, Integrity, or DWM. 95. As a direct and proximate result of Hutter's negligence and breach of its duties, Kinney was deprived of an adequate opportunity to implement the loss control recommendations, 96. As a direct and proximate result of Hutter's negligence and breach of its duties, Integrity and DWM were deprived of any opportunity to implement the loss control recommendations. 97. As a direct and proximate result of Hutter's negligence and breach of its duties, neither Kinney nor the mortgage holders were able to obtain alternative insurance coverage. 98. As a direct and proximate result of Hutter's negligence and breach of its duties, Kinney and the mortgage holders were denied the Policy's proceeds, following the fire of January 20, 2004. WHEREFORE, Plaintiffs Thomas Kinney Sr., Paola Kinney, Integrity Bank, William Wray, Jr., Kay Gray Wray, and Nana E. Wray Destefano demand that judgment be entered against Defendant Community Banks Insurance Services LLC in the amount due under the Policy, plus costs, delay damages, and post-judgment interest. 23 COUNT V STATUTORY BAD FAITH UNDER 42 PA,C,S.A. ~ 8371 KINNEY v. LLOYD'S, BELL & CLEMENTS, AND TUSCANO 99. Paragraphs 1 to 50 above are hereby incorporated by reference as if set forth in full below. 100. By no later than September 25, 2003, Lloyd's, Bell & Clements, and Tuscano had in their possession the loss control report for the Property, which identified the Loss Control Recommendations that purportedly formeclthe basis for the later cancellation of the Policy. 101. On October 6, 2003, Tuscano bound coverage for the Property effective August 13, 2003, while having full knowledge of the conditions, upon which it later based the cancellation of Kinney's Policy. 102. Tuscano bound coverage on behalf of Lloyd's and Bell & Clements. 103. Lloyd's, Bell & Clements, and Tuscano knew at the time that they bound coverage, that they could always deny coverage based on the conditions they had already identified, should Kinney later make a claim on the Policy. 104. Lloyd's, Bell & Clements, and Tuscano bound coverage because they wished to retain the premiums, which Kinney had paid in advance for insurance coverage. 105. Lloyd's, Bell & Clements, and Tuscano have engaged in improper underwriting by attempting to cancel the Policy based upon conditions of which they were fully aware at the time coverage was bound. 24 106. Lloyd's, Bell & Clements, and Tuscano knew that there was no reasonable basis for denying Kinney's claim because the loss control conditions in question did NOT "become known during the policy term" as required by 40 P.S.s 3402(1). 107. Lloyd's, Bell & Clements, and Tuscano knew that the loss control conditions in question were not material to the risk insured because, as evidenced by the e-mail of September 2, 2003 (Exhibit "G"), they made the determination that the conditions were not material "BEFORE ISSUING A BINDER" 1 08. Lloyd's, Bell & Clements, and Tuscano failed to provide notice of the cancellation of the Policy to Kinney or the mortgage holders. 109. Lloyd's, Bell & Clements, and Tuscano failed to provide Kinney with an adequate opportunity to implement the loss control recommendations requested. 110. Lloyd's, Bell & Clements, and Tuscano knew that they had not given Kinney an adequate opportunity to implement the loss control recommendations. 111. Lloyd's, Bell & Clements, and Tuscano knew that they had failed to provide 30 days' notice of the Policy's cancellation to the mortgage holders. This knowledge is reflected in the undated "Courtesy Notices of Cancellation," which were later sent to Integrity and DWM. 112. While knowing that they had no reasonable bas is for denying Kinney's claim, Lloyd's, Bell & Clements, and Tuscano nonetheless chose to do so. 113. Despite the subsequent demands of Kinney and Integrity, Lloyd's, Bell & Clements, and Tuscano have failed and refused to reconsider the denial of Kinney's claim. 25 114. Lloyd's, Bell & Clements, and Tuscano have acted in bad faith toward Kinney, and in violation of the terms of the Policy and applicable law. WHEREFORE, Kinney demands judgment against Lloyd's of London, Bell & Clements, and Tuscano for punitive damages, attorneys' fees, interest, and costs under 42 Pa.C.SA !l 8371. COUNT VI STATUTORY BAD FAITH UNDER 42 PA.G.S.A. ~ 8371 INTEGRITY v. LLOYD'S, BELL & CLEMENTS, AND TUSCANO 115. Paragraphs 1 to 50 above are hereby incorporated by reference as if set forth in full below. 116. Under well-established Pennsylvania law and the clear terms of the Policy, Integrity has a separate and distinct interest in the Policy, which interest is not affected by the actions or inactions of Kinney, or the actions of the Defendants vis-a-vis Kinney. (See Exhibit "C," Building and Personal Property Coverage Form, F.2.d.) 117. Under the clear terms of the Policy, Lloyd's, Belli & Clements, and Tuscano had a duty to provide Integrity with 30 days' written notice of cancellation. (Exhibit "C," Building and Personal Property Coverage Form, F.2,f.(2)). This duty was separate and apart from the duty to notify Kinney. 118. The Policy provides, in relevant part, as follows: f. If we cancel this policy, we will give written notice to the mortgage holder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. 26 (Exhibit "C," Building and Personal Property Coverage Form, F.2.f.(2); emphasis added). 119. Lloyd's, Bell & Clements, and Tuscano failed to provide Integrity with the required 30 days' notice of cancellation. 120. Lloyd's, Bell & Clements, and Tuscano knew that they had failed to provide 30 days' notice of the Policy's cancellation to the mortgage holders. This knowledge is evidenced by the undated "Courtesy Notices of Cancellation," which were later sent to Integrity and DWM. 121. Because Integrity did not receive 30 days' notice of cancellation, the Policy remained in full force and effect as to Integrity. 122. Integrity has demanded coverage from Lloyd's, Bell & Clements, and Tuscano. In its demand, Integrity specifically pointed out the Policy's requirement of 30 days' notice of cancellation. 123. Despite Integrity's demand, Lloyd's, Bell & Clements, and Tuscano have failed and refused to provide it with coverage. 124. Lloyd's, Bell & Clements, and Tuscano have no reasonable basis for denying insurance coverage to Integrity. 125. While knowing that they had no reasonable basis for denying Integrity's claim, Lloyd's, Bell & Clements, and Tuscano nonetheless chose to do so. 126. Lloyd's, Bell & Clements, and Tuscano have acted in bad faith towards Integrity, and in violation of the explicit provisions of the Policy and applicable law. 127. The continuing bad faith conduct of Lloyd's, Bell & Clements, and Tuscano has forced Integrity to file this lawsuit, and incur significant attorneys' fees and costs. 27 WHEREFORE, Plaintiff Integrity Bank demands jud\;lment against Lloyd's of London, Bell & Clements, and Tuscano for punitive damages, attorneys' fees, interest, and costs under 42 Pa.C.S.A. !l 8371. COUNT VII STATUTORY BAD FAITH UNDER 42 PA.G.SA ~ 8371 WILLIAM WRAY, JR., KAY GRAY WRAY, and NANA E. WRAY DESTEFANO (COLLECTIVELY D/B/A DWM PROPERTIES) v. LLOYD'S, BEll & CLEMENTS, AND TIUSCANO 128. Paragraphs 1to 50 above are hereby incorporated by reference as if set forth in full below. 129. Under well-established Pennsylvania law and the clear terms of the Policy, DWM has a separate and distinct interest in the Policy, which interest is not affected by the actions or inactions of Kinney, or the actions of the Defendants vis-a-vis Kinney. (See Exhibit "C," Building and Personal Property Coverage Form, F.2.d.) 130. Under the clear terms of the Policy, Lloyd's, Bell & Clements, and Tuscano had a duty to provide DWM with 30 days' written notice of cancellation. (Exhibit "C," Building and Personal Property Coverage Form, F.2.f.(2)). This duty was separate and apart from the duty to notify Kinney. 131. The Policy provides, in relevant part, as follows: f. If we cancel this policy, we will give written notice to the mortgageholder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation jf we cancel for any other reason. 28 (Exhibit "C," Building and Personal Property Coverage Form, F.2.f.(2); emphasis added). 132. Lloyd's, Bell & Clements, and Tuscano failed to provide DWM with the required 30 days' notice of cancellation. 133. Lloyd's, Bell & Clements, and Tuscano knew that they had failed to provide 30 days' notice of the Policy's cancellation to the mortgage holders. This knowledge is evidenced by the undated "Courtesy Notices of Cancellation," which were later sent to Integrity and DWM. 134. Because DWM did not receive 30 days' notice of cancellation, the Policy remained in full force and effect as to DWM. 135. Lloyd's, Bell & Clements, and Tuscano had no reasonable basis for denying insurance coverage to DWM. 136. While knowing that they had no reasonable basis for denying coverage to DWM, Lloyd's, Bell & Clements, and Tuscano nonetheless chose to do so. 137. Lloyd's, Bell & Clements, and Tuscano have acted in bad faith towards DWM, and in violation of the explicit provisions of the Policy and applicable law. 138. The continuing bad faith conduct of Lloyd's, Bell & Clements, and Tuscano has forced DWM to file this lawsuit, and incur significant attorneys' fees and costs. WHEREFORE, Plaintiffs William Wray, Jr., Kay Gray Wray, and Nana E. Wray Destefano d/b/a DWM Properties demand judgment against Lloyd's of London, Bell & Clements, and Tuscano for punitive damages, attorneys' fees, interest, and costs under 42 Pa.C.S.A. !l 8371. 29 MCNEES/,W//_?/E & NURIC By ~/ Michael R. ~:elle Attorney 1.0. N . 8854 Charles T. Yo g, Jr. Attorney 1.0. No. 80680 P.O. Box 1166 100 Pine Street Harrisburg,lPA 17108-1166 Phone: (71"7) 237-5322 Fax: (717) 237-5300 Attorneys for Plaintiffs Dated: October 11, 2004 30 ~ ~ B' ;:+ CD b~l;b~ S ,,- NELSON LEVINE de LUCA & HORST, LLC BY: JOHN M. CLARK, ESQUIRE lDENTIFlCA TION NO.: 72652 BY: WILLIAM DlRK PASTORlCK lDENTIFICATION NO.: 77070 457 HADDONFlELD ROAD, SUITE 710 CHERRY HILL, NJ 08002 (856) 665-8500 ATTORNEYS FOR DEFENDANT, LLOYD'S OF LONDON THOMAS KINNEY, SR., AND PAOLA KINNEY D/B/A KINNEY ASSOCIATES and INTEGRlTY BANK and WILLIAM WRA Y, JR. and KAYGRAYWRAY ANDNANAE. WRAY DESTEFANO D/B/A DWM PROPERTIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 04-2453 Plaintiff(s) v. LLOYD'S OF LONDON and BELL & CLEMENTS LIMITED and W.N. TUSCANO AGENCY, INC. and COMMUNITY BANKS INSURANCE SERVICES, LLC Defendant s DEFENDANT LLOYD'S OF LONDON'S REQUESTS FOR ADMISSION (SET nAND SUPPLEMENTAL INTERROGATORIES DIRECTED TO COMMUNITY BANKS INSURANCE SERVICES, LL<~ Defendant Lloyd's of London (hereinafter "Lloyd's"), by and through its attorneys, Nelson Levine de Luca & Horst, LLC, hereby serves the within Requests for Admission and Supplemental Interrogatories upon Defendant Community Banks Insurance Services, LLC pursuant to Pa.R.C.P. 4014. Each matter set forth hereinafter shall be deemed admitted unless you serve an answer or objection upon counsel for Defendant Lloyd's within thirty (30) days of the date of service hereof. DEFINITIONS AND EXPLANATORY NOTES A. When used herein, "identifY" or "identity" us,cd in reference to any individual person means to state his full name, age and present resident address, his present or last known employment and business affiliation and location, and his employment and business affiliation and location at the time in question. B. Each Request for Admission and Supplemental Interrogatory is intended to, and does, request that each and every, all and singular, the particulars and parts thereof, be answered within the same force and effect as if each part and particular were the subject of, and were asked by, a separate Request for Admission and/or Supplemental IntelTogatory. C. When used herein, "identifY" or "identity" when used in reference to a document means to state the date, number of pages, author or originator, type of document (e.g. letter, memorandwn, worksheet, account, etc.), its present location and the identity of its custodian. If the document is no longer in your possession, identifY its last custodian, describe the circumstances under which it passed from your control to that person, and identifY each person having knowledge of such circwnstances and/or the present location of the document. D. The term "docwnent" or "docwnents" includes, but is not limited to, writings, drawings, graphs, charts, photographs, papers, agreements, contracts, notices, memoranda, correspondence, letters, electronic mails, telegrams, statements, books, reports, minutes, records, accounting books, diagrams, analyses, studies, depositions, examinations under oath, pleadings, transcriptions, recordings, phonographic records, and other compilation of data from which information can be obtained or translated, if necessary, by you through detection devices into 2 reasonably usable form, together with information communkated orally but the substance of which has been written down, relating or pertaining in any way to the subject matter in question, and includes, but is not limited to, originals, all final copies, all other copies no matter how or by whom prepared, and all drafts prepared in connection with such documents, whether used or not. E. The term "anyone acting on your behalf' includes, but not limited to, your representatives, investigators, adjustors, spouse, children, parents, consultants, sureties, indemnitors, insurers, agents and attorneys. F. The term "occurrence" as used throughout thl~se Requests for Admission and Supplemental Interrogatories refers to any and all events, acts, representations and/or transactions set forth in plaintiffs' Amended Complaint. G. The terms "you" or "your" as used throughout these Requests for Admission and Supplemental Interrogatories refers to Hutter Agency, Inc. as to transactions or events occurring before September 15, 2003, and Defendant Community Banks Insurance Services LLC as to transactions or events occurring on or after September 15, 2003, and/or anyone acting on their behalf. H. The term "loss" as used throughout these Requests for Admission and Supplemental Interrogatories refers to the arson fire that occurred on or about January 20, 2004 at the property located at 320-328 Market Street, Leymone, Cumberland County, Pennsylvania. I. The term "Tuscano" as used throughout these Requests for Admission and Supplemental Interrogatories refers to Defendant W.N. Tuscano Agency, Inc. J. The term "the Kinneys" as used throughout th'~se Requests for Admission and Supplemental Interrogatories refers to Plaintiffs Thomas Kinney, Sr. and PaoJa Kinney d/b/a Kinney Associates. 3 K. The phrase "Bell & Clements" as used throughout these Requests for Admission and Supplemental Interrogatories refers to Defendant Bell & Clements Limited. REQUESTS FOR ADMISSION Request for Admission No.1: Admit that the documents attached hereto as Exhibit "A" are a true and correct copy of a commercial insurance application submitted to Tuscano. Supplemental Interroeatorv No.1: If the answer to Request for Admission No. 1 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No.2: Tuscano on behalf of the Kinneys. Admit that you submitted a copy of Exhibit "A" to Supplemental Interroeatorv No.2: If the answer to Request for Admission No. 2 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 4 Request for Admission No.3: Tuscano via facsimile on May 6, 2003. Admit that you submitted a copy of Exhibit "A" to Supplemental Interroeatorv No.3: If the answer to Request for Admission No. 3 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No.4: Admit that the Kinneys' insurance coverage with White Hall Mutual Insurance Company and/or the liquidator expired on May II, 2003. Supplemental Interroeatorv No.4: If the answer to Request for Admission No. 4 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No.5: Admit that the documents attached hereto as Exhibit "B" are a true and correct copy of a commercial insurance quote you received regarding the commercial insurance application you submitted on behalf of the Kinneys. 5 Supplemental Interroe:atorv No.5: If the answer to Request for Admission No. 5 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No.6: June 10,2003, or shortly thereafter. Admit that you n:ceived a copy of Exhibit "B" on Supplemental Interrol!:atorv No.6: If the answer to Request for Admission No. 6 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No.7: Admit that the building policy limits quoted in Exhibit "B" are different in amount than the building policy Iimiits requested in Exhibit "A." Supplemental Interroe:atorv No.7: If the anSWI~r to Request for Admission No. 7 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 6 Request for Admission No.8: Admit that you notified the Kinneys of the general contents of Exhibit "B" via telephone in June 2003. Supplemental Interroe:atorv No.8: If the answer to Request for Admission No. g is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No.9: Admit that you placed and/or facilitated the placement of insurance coverage for the property located at 100-104 W. Main Street, Mechanicsburg, Pennsylvania with the Pennsylvania FAIR Plan. Supplemental Interroe:atorv No.9: If the answe:r to Request for Admission No. 9 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 10: Admit that you placed and/or facilitated the placement of insurance coverage for the property located at 100-104 W. Main Street, 7 Mechanicsburg, Pennsylvania with the Pennsylvania FAIR Plan because the Kinneys directed you to obtain insurance on this property as soon as possible. Supplemental Interrol!atorv No. 10: If the answer to Request for Admission No. 10 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 11: Admit that you did not attempt to place or facilitate the placement of insurance coverage with the Pennsylvania FAIR Plan for the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Supplemental Interrol!atorv No. 11: If the answer to Request for Admission No. II is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 8 Request for Admission No. 12: Admit that the Kinneys did not direct you to place or facilitate the placement of insurance coverage with the Pennsylvania FAIR Plan for the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Supplemental Interroeatorv No. 12: If the answer to Request for Admission No. 12 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 13: Admit that the document attached hereto as Exhibit "C" is a true and correct copy of the "Formal Notice of Declination" issued by Tuscano on May 8,2003 regarding the Kinneys' application for insurance coverage on the surplus lines market. Supplemental Interrol!atorv No. 13: If the answer to Request for Admission No. 13 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 9 Request (or Admission No. 14: May 8, 2003, or shortly thereafter. Admit that you received a copy of Exhibit "COO on Supplemental Interrogatory No. 14: If the answer to Request for Admission No. 14 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request (or Admission No. 15: Admit that the document attached hereto as Exhibit "D" is a true and correct copy of a June 6, 2003 facsimile forwarded to you by Tuscano. Supplemental Interrogatory No. 15: If the answer to Request for Admission No. 15 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 10 Request for Admission No. 16: Admit that the handwritten notations on the lower half of Exhibit "D" were made by Mary Bea Viehman. SUDDlemental Interroe:atorv No. 16: If the answer to Request for Admission No. 16 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 17: Admit that a copy of Exhibit "D" was forwarded back to Tuscano with Mary Bea Viehman's handwritten notations on June 9, 2003. SUDDlemental Interroe:atorv No. 17: If the answ\~r to Request for Admission No. 17 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. II Request for Admission No. 18: Admit that MelT}' Bea Viehman's handwritten notations on Exhibit "D" represent that the square footage of the building located at 320-328 Market Street, Lemoyne, Pennsylvania was 12,300. Supplemental Interrol!atorv No. 18: If the answer to Request for Admission No. 18 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 19: Admit that the documents attached hereto as Exhibit "E" are a true and correct copy of the commercial insurance quote issued on August 6, 2003 for the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Supplemental Interro2atorv No. 19: If the answer to Request for Admission No. 19 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 12 Request for Admission No. 20: August 6, 2003, or shortly thereafter. Admit that you received a copy of Exhibit "E" on Supplemental InterrOl!:atorv No. 20: If the answer to Request for Admission No. 20 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 21: Admit that Exhibit "E" expressly states that insurance coverage for the property located at 320-328 Marht Street, Lemoyne, Pennsylvania was not bound and/or effective as of the date Exhibit "E" was issued on August 6, 2003. Supplemental Interrol!:atorv No. 21: lf the answer to Request for Admission No. 2 I is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 13 Request for Admission No. 22: Admit that as of July 1999, your policy was to document all important insurance related communications, events, inquiries, issues and transactions in the "Activity Feature" of the Applied Systems Agency Manager Computer Program installed on your office computer system(s). Supplemental Interrogatory No. 22: If the answer to Request for Admission No. 22 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 23: Admit that as of July 1999, your policy was to document all important insurance related communications, events, inquiries, issues and transactions in the "Activities Feature" of the Applied Systems Agency Manager Computer Program installed on your office computer system(s) regardinl~ the Kinneys. Supplemental Interroeatory No. 23: If the answer to Request for Admission No. 23 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 14 Request for Admission No. 24: Admit that as of January 2003, or before, your policy was to document the date you received any notice that iinsurance coverage had been bound as an activity in the "Activities Feature" of the Applied Systems Agency Manager Computer Program installed on your office computer system(s). SUDDlemental Interrol!:atorv No. 24: If the answer to Request for Admission No. 24 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 25: Admit that as of January 2003, or before, your policy was to docwnent the date you received any notice that an insurance coverage binder had been issued as an activity in the "Activities Feature" of the Applied Systems Agency Manager Computer Program installed on your office computer system(s). Suuulemental Interrol!atorv No. 25: If the answer to Request for Admission No. 25 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 15 Request for Admission No. 26: Admit that as of January 2003, or before, your policy was to forward copies of insurance policies to insureds as soon as insurance coverage was bound. Supplemental Interrol!atorv No. 26: If the answer to Request for Admission No. 26 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 27: Admit that the first entry in the "Activities Feature" of the Applied Systems Agency Manager Computer Program installed on your office computer system(s) indicating that coverage was bound by Lloyd's of London for the property located at 320-328 Market Street, Lemoyne, Pennsylvania is dated October 6, 2003. Supplemental Interrol!atorv No. 27: If the answer to Request for Admission No. 27 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 16 Request for Admission No. 28: Admit that the "Activities Feature" of the Applied Systems Agency Manager Computer Program installed on your office computer system(s) reflects that a copy of the insurance policy purportedly subs,cribed by Lloyd's of London was first mailed to the Kinneys on October 6, 2003. Supplemental Interrol!atorv No. 28: If the answer to Request for Admission No. 28 is anything but an unqualified admission, state all facts UpOIl which the denial or partial denial is based. Request for Admission No. 29: Admit that the documents attached hereto as Exhibit "F" are true and correct copies of the September 25, 2003 memorandum, and the Loss Control Recommendations And Material Representation Form, you received from Tuscano regarding deficiencies that needed to be corrected at the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Supplemental Interrol!atorv No. 29: If the answer to Request for Admission No. 29 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. J7 Request for Admission No. 30: Admit that Exhibit "F" requests the Kinneys to address the deficiencies noted therein by October 24, 2003. SUDulemental Interrogatory No. 30: If the answer to Request for Admission No. 30 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 31: Admit that Exhibit "F" required the Kinneys to sign and return the Loss Control Recommendations And Material Representation Fonn by October 24, 2003, warranting that the deficiencies noted therein had belm addressed. SUDDlemental Interrogatory No. 31: If the answer to Request for Admission No. 31 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 18 Request for Admission No. 32: Admit that Exhibit "F" expressly states that a cancellation of the insurance policy may be issued without further notice if the Kinneys failed to sign and return the Loss Control Recommendations And Material Representation Form to their insurance broker by noon on October 24, 2003. Suvv)ementa) Interroeatorv No. 32: lf the answer to Request for Admission No. 32 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 33: Kinneys on October 1,2003. Admit that you sl~nt a copy of Exhibit "F" to the Suvvlemental Interroeatorv No. 33: If the answer to Request for Admission No. 33 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 19 Request for Admission No. 34: Admit that the document attached hereto as Exhibit "G" is true and correct copy of an October 24, 2003 memorandum you received from Tuscano. Supplemental Interrol!atorv No. 34: If the answer to Request for Admission No. 34 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 35: Admit that Exhibit "G" was a second request for confirmation of compliance by the Kinneys with respect to the deficiencies noted in Exhibit "F." Supplemental Interrol!atorv No. 35: If the answer to Request for Admission No. 35 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 20 Request for Admission No. 36: Admit that Exhibit "G" extended the deadline for the Kinneys' confirmation of compliance with the deficiencies noted in Exhibit "F" to October 30,2003. Supplemental Interrol!atorv No. 36: If the answer to Request for Admission No. 36 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 37: the Kinneys. Admit that you forwarded a copy of Exhibit "G" to Supplemental Interrol!atorv No. 37: If the answer to Request for Admission No. 37 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 2] Request for Admission No. 38: Admit that the document attached hereto as Exhibit "H" is a true and correct copy of the Loss Control Recommendations and Material Representation Form signed by the Kinneys on November 4, 2:003. Supplemental Interroeatorv No. 38: If the answer to Request for Admission No. 38 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 39: November 6, 2003, or shortly thereafter. Admit that you n~ceived a copy of Exhibit "H" on Supplemental Interroeatorv No. 39: If the answer to Request for Admission No. 39 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 22 Request for Admission No. 40: Admit that you have no documentation confirming receipt of any communications from the Kinneys prior to November 6, 2003 regarding the deficiencies noted in Exhibit "F". Supplemental Interrol!:atorv No. 40: If the answer to Request for Admission No. 40 is anything but an unqualified admission, state all facts UpOIl which the denial or partial denial is based. Request for Admission No. 41: Admit that you have no documentation confirming that the Kinneys ever addressed the deficiencies noted in Exhibit "F" prior to the loss. Supplemental Interrol!:atorv No. 41: If the answer to Request for Admission No. 4 I is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 42: Admit that the document attached hereto as Exhibit "I" is a true and correct copy of an email you received from Tuscano on November 5, 2003. 23 Supplemental Interroe:atorv No. 42: If the answer to Request for Admission No. 42 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 43: Admit that Exhibit "I" states that a notice of cancellation was issued to the Kinneys on November 5, 2003, with an effective cancellation date of January 7, 2004. Supplemental Interroe:atorv No. 43: If the answer to Request for Admission No. 43 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 44: Admit that Exhibiit "I" states, in part, as follows: Please note, to consider possible reinstatement for the above policy, we must receive the original signed recommendation letter along with photos, invoices/receipts, etc. prior to the above reply date. The information provided as proof of c:ompliance must be labeled to properly correspond to the appropriate recommendation. If we do not receive this information in our office prior to the cancellation date, reinstatement will not be offered. 24 Supplemental Interroeatorv No. 44: If the answer to Request for Admission No. 44 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 45: "I" is January 7, 2003. Admit that the "reply date" referenced in Exhibit Supplemental Interroeatorv No. 45: If the answer to Request for Admission No. 45 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 46: Admit that you have no documentation confirming that you forwarded a copy of Exhibit "I" to the Kinneys prior to the loss. Supplemental Interrol!atorv No. 46: If the answer to Request for Admission No. 46 is anything but an unqualified admission, state all facts upon wbich tbe denial or partial denial is based. 25 Request for Admission No. 47: Admit that you have no documentation confirming that you communicated in any way any aspects of the contents of Exhibit "I" to the Kinneys prior to the loss. Supplemental Interroeatorv No. 47: If the answer to Request for Admission No. 47 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 48: Admit that the documents attached hereto as Exhibit "J" are true and correct copies of notices of cancellations regarding insurance coverage for the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Supplemental Interroeatorv No. 48: If the answer to Request for Admission No. 48 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 26 Request for Admission No. 49: Admit that Mary Bea Viehman's handwritten initials and date of I 1/1 1/03 are noted at the bottom right-hand comer of the PENNSYVLANIA NOTICE OF CANCELLATION attached hereto as part of Exhibit "J." Supplemental Interroeatorv No. 49: If the answer to Request for Admission No. 49 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. SO: before November I I, 2003. Admit that you Jreceived a copy Exhibit "J" on or Supplemental Interroeatorv No. SO: If the answer to Request for Admission No. 50 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 51: "J" to the Kinneys prior to the loss. Admit that you did not forward a copy of Exhibit 27 Supplementallnterrol!atorv No. 51: If the answer to Request for Admission No. 51 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 52: Admit that you did not discuss any aspects of the contents of Exhibit "J" with the Kinneys prior to the loss. Supplemental Interrol!atorv No. 52: If the answer to Request for Admission No. 52 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 53: Admit that the documents attached hereto as Exhibit "K" are a true and correct copy of an insurance quote prepared by Seneca Insurance Company for the property located at 320-328 Market Street, Lemoyne, Pennsylvania. 28 Supplemental Interrol!atorv No. 53: If the answer to Request for Admission No. 53 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 54: Admit that you requested an insurance quote on behalf of the Kinneys for the property located at 320-328 Market Street, Lemoyne, Pennsylvania from Seneca Insurance Company on or before January 8, 2004. Supplemental Interrol!atorv No. 54: If the answer to Request for Admission No. 54 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 55: January 8, 2004, or shortly thereafter. Admit that you received a copy of Exhibit "K" on 29 Supplemental Interroeatorv No. 55: If the answer to Request for Admission No. 55 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 56: Admit that you have no documentation confioning that you forwarded a copy of Exhibit 'OK" to the Kinneys. Supplemental Interroeatorv No. 56: If the answer to Request for Admission No. 56 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 57: Admit that you have no documentation confioning that you communicated in any way the contents of Exhibit 'OK" to the Kinneys. Supplemental Interro!!atorv No. 57: If the answer to Request for Admission No. 57 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 30 Request for Admission No. 58: Admit that as of January 2003 or before, your internal policy was not to send insurance cancellation notices to insureds. Supplemental Interrol!atorv No. 58: If the answer to Request for Admission No. 58 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 59: Admit that as of January 2003 or before, your internal policy was not to initiate communication of any type with insureds regarding cancellation of insurance policies. Supplemental Interrol!atorv No. 59: If the answer to Request for Admission No. 59 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 31 Request for Admission No. 60: Admit that the document attached hereto as Exhibit "L" is a true and correct copy of the Surplus Lines Affidavit you prepared and signed in connection with obtaining surplus lines insurance coverage for the Kinneys. Supplemental Interro2atorv No. 60: If the answer to Request for Admission No. 60 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 61: Admit that the document attached hereto as Exhibit "M" is a true and correct copy of an email dated September 2, 2003 from Tuscano regarding the application for insurance with respect to the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Supplemental Interro2atorv No. 61: If the answer to Request for Admission No. 61 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 32 Request for Admission No. 62: September 2,2003. Admit that you received a copy of Exhibit "M" on Supplemental Interro2atorv No. 62: If the answer to Request for Admission No. 62 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 63: Admit that Exhibit "M" states that Tuscano needed additional information from the Kinneys "before issuing a binder" for the property located at 320-328 Market Street, Lemoyne, Pennsylvania. Snpplemental Interro2atorv No. 63: If the answer to Request for Admission No. 63 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 33 Request for Admission No. 64: Admit that neither Lloyd's of London, Tuscano nor Bell & Clements had issued a policy of insurance to the Kinneys for the property located at 320- 328 Market Street, Lemoyne, Pennsylvania as of September 2, 2003. Supplemental Interroeatonr No. 64: If the answer to Request for Admission No. 64 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 65: Admit that neither Lloyd's of London, Tuscano nor Bell & Clements had bound insurance coverage with respect to the property located at 320-328 Market Street, Lemoyne, Pennsylvania as of September 2, 2003. Supplemental Interroeatonr No. 65: If the answer to Request for Admission No. 65 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 34 Request for Admission No. 66: Admit that prior to the loss, you never discussed the co-insurance provision in the insurance policy purportedly subscribed by Lloyd's of London for the property located at 320-328 Market Street, Lemoyne, Pennsylvania with the Kinneys. Supplemental Interrol!atorv No. 66: If the answer to Request for Admission No. 66 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 67: Admit that your understanding of co-insurance provisions is that you look to the replacement cost value of the property at the time of the loss when calculating any penalties pursuant thereto. Supplementallnterrol!atorv No. 67: If the answer to Request for Admission No. 67 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 35 Request for Admission No. 68: Admit that had you discussed co-insurance provisions with the Kinneys you would have explained that the co-insurance provision in the insurance policy purportedly subscribed by Lloyd's of London for the property located at 320- 328 Market Street, Lemoyne, Pennsylvania looked to the replacement cost value of the property at the time of any loss for purposes of calculating any penalties pursuant thereto. Supplemental Interrol!atorv No. 68: If the answer to Request for Admission No. 68 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 69: Admit that prior to the loss, you never discussed re- evaluating the building insurance limits on the insurance policy purportedly subscribed by Lloyd's of London for the property located at 320-328 Market Street, Lemoyne, Pennsylvania with the Kinneys. Supplemental Interrol!atorv No. 69: If the answer to Request for Admission No. 69 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. 36 Request for Admission No. 70: Admit that you have no written manuals or guidelines regarding providing notice to insureds of insurance policy cancellations. Supplemental Interrol.!:atorv No. 70: If the answer to Request for Admission No. 70 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 71: Admit that you did not review the tenus of the insurance policy purportedly subscribed by Lloyd's of London for the property located at 320- 328 Market Street, Lemoyne, Pennsylvania with the Kinneys prior to the loss. Supplemental Interrol.!:atorv No. 71: If the answer to Request for Admission No. 71 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 72: Admit that prior to the loss, you never infonued the Kinneys that your policy was not to forward insurance cancellation notices to insureds. 37 Supplemental Interroe:atorv No. 72: If the answer to Request for Admission No. n is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 73: Admit that prior to the loss you never informed the Kinneys that your policy was not to initiate contact with insureds regarding the cancellation of insurance policies. Supplemental Interroe:atorv No. 73: If the answer to Request for Admission No. 73 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 74: Admit that the documents attached hereto as Exhibit "N" are a true and correct copy of an Insurance Binder fbr the property located at 320-328 Market Street, Lemoyne, Pennsylvania. 38 SUDDlemental Interroeatorv No. 74: If the answer to Request for Admission No, 74 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Request for Admission No. 75: Admit that you have no documentation confirming when you received a copy of Exhibit "N," SUDPlemental Interroeatorv No. 75: If the answer to Request for Admission No. 75 is anything but an unqualified admission, state all facts upon which the denial or partial denial is based. Respectfully submitted. NELSON LEVIINE de LUCA & HORST, LLC BY: OftA(?t. ~CLA~ WILLIAM DIRK ASTORICK, ATTORNEYS FOR DEFENDANT LLOYD'S OF LONDON Dated: SePtember~ . 200S 39 ACORD. COMMERCIAL .GENERAL LIABILITY SECT\RN .""""".. Itlla'lt........717-766-02.!l! _ -::::"'"' ~b~ ~ ~~-- . H..t-.- 1_ 1 . \Howt4 ~..u~ Aaaool:al(tae, DBA, .., -... ...-vanay, no. 41 W. Hain S'treet.. ~.o. Box 2424 ~"aI>u"9 ~A 17055 I Sent By: IlUITER AGENCY, INC.; 7177950580; Ua),.a'03 13:32; .... f~_. 1 $U. 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REY!'R$fo SID!' - . .~ ::..~.: :~: /.. ;:. --- ::.... .:~:::;:;~:;::;;::;D~'.~;i..L.~. .:~:~.:.~;~ > .: .. . :.;..:<....:;...:..-.. ~.~':~.":' -:: ;~:.~ ....... ..- CACOROc6RP~1roN'"7 .~ ." T00002 I "'\, ! "PROPERTY SECTION ..~ . 717-766-0281 717-795-0590 Hutter .Ag~oy, Inc. 41 W. Main StX"89t p.o. bo" 2424 HeobaniQobu.g PA 17055 Sent By: HUmA,!\aetiCY,':INC.; I......,... xr_-l PREMIsD INFORMATION """', iUDJEcTOPWI""ANCf PfWUIUl:l i.MoulrlT ~-~~~- . 25000 71 ne50S80; lIay.6.03 13:32; Page 3/5 ..... SUILb.tNC KI1~"'l ...'" 05 06lri3 INCCItlE LOSS CSR L"::. In--4 1<innC'itY ASQOcia't9$, DaA, EffECTM! DATI!: aMA4.'\1Of( o.\U: ~cC"".... ~4"'1IUONl!'1.oUl :'uOa 05 lYO): ,"" -........ ...-Y .~!V11/04 i i- AOEHCYDlU. W~r,l . COfHl '" ....AtWo .1J'UT-.... 100-104 W. IUU C&l,lfiCSO!'-OH"6 ~ ~ $ u..t: 'omaa~ COHornONIl'O'AP.!L'! L~ $ncr~ I · . 1000 I r' ,RC ! 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'--' I ATTACH TO APP NT INFORMATION SECTION o ACORD CORPORA TJON 1>>85 .;..'/: T00003 ".;. .' ~.. . . - , Sent By: HUTTElI AOENCY. :~ . ..PREMiSQIHFORNA11QW :' ./ ..... .~orlMUMNR: iNC.; 7177950590; lllay.6-03 13:33; Page 4/5 XlNNE-l ~~CONDfflOtf.l'OuPlY 1'I\PI&N&1I:2 A"","" SpeC:IAL sLOG 9225PO ..illCQ<& LOas 50000 nHorllJ8rlPl 1-"'. :....0 ~'hOH.IWWlNQ'I~EIU1'M QPDQe ~.. IUIlNnSIHCOMIWl'CfCX'NlA lINN'. : D1R4bnHR '~RY""'rJU)U.. f:~T . 1 Tar'.u.oa ~T1.OIOt4m. :orfrRCllrOv.u ~. A~-;;.o.. . EXCL r -~ lNCL f_ _ ~-L__.-.~ OlIva $ __._ . .t\M'JtJ". I" I POtWf\ ...c,:IJIN 'IlOOAVI; IlaC1IIlDlA . :MQHIUOO . _._f~l . _l~A ~wo II>>OJ'V$ VAY1 . U\jIlI eouu ~ncCLOC ~co,.s: I . OAOClIIL4W MAJC~' -... ~K.LUH, ; fotfOLOC'.: I 'flAY. - ......-.1 1_ J.OOl.OC(OESf.ia.OW; ~IJtOAbdiWiitUlfQl PMlrAf'OWB~OO9fQPRCrt " . w.m..;. ~ MviPERIOORelt l~IOUp",y _ . ~..". :-'" ....~,., _.....,. I.DtillOlMl. c::o'YIlUici"ii; oi1c6HiPA9Ti.1GlloNJ. 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AoomoNAL IIfJ!'RESTS .....-- 'lton ~ Pl:>ylUa WQb"r .- .:<~~.' : '(\l1C't ,- fflME....OAO(."'" '~I -'" ,-'"' """ ,....... I~ .' " .'.-.' ~;>::.> YALIIE I\EPORllNG INFClRMATlON ...... ~~!~1tIA),I.~~!~'0Il...-sTll~~Ha PMUlUS: , AItf OltwllLOCAo AJrt OlltlA..OCA- ;'IlE:.f1Su~eo , -......... 1lONACQUIRID : ... 'SlIaJiCTor: ~1IAHCe ...."PINCl , 41INCUflUfll ~l...tM:W1'QC i UWI ... h~ .. . - . I .-----.,. ~._-~_. 'j" . -.---.-. .. r ; RalAIU\lI ..- " . . ~ ,- _' . ACORO 140 11/$81 -.' .' .'~.~ .:~. ~.>~ ~ ~::<~~~~~~:~~~~~~~ ;:;:.;-. ~ ~ :.. ;-. :~:' :~:;.- :~'-" .' - ~. . -:"-' T00004 -I. . -.<-- . . '.... sent By: Hl1TTER AGENCY", .-INC.; : PREMlt-U INFQR""":nON . I"RlMl$I.r.3 $U..~~JF~~ oUIOUNt .._.:' .:page ~/5 Street :... fO~S AWO.?*omotd to APtlY 7177950580 ; May-S-03 13:33; ""l8l1UHNC'11 . "1R*U.-.ooRQ$: 106-:L08 n C.UJUOrLOSS au I!.D ~ u_. .CI;JAHS"tI. :v.u.U4. BUrmwa 6000~~C- 5000~.-+--1 4- ) 1000 jii ::. . '''-~'-' .r--r--~ 0 ,: - . . SPECIAL BUS rNCOMI!: ~llMPOioAA'JlC)fI.euw~ll...:oMlJlj(rltA~f L! .15UGItItM"",IIlI!'''IIO~'..urcN.e 1 ,UTMI~ nrc.otlV$fI&t&:$ t~'i'''''....ou. ~'"8-JbTHRlOO l\rnOHnEW :. J2""P.ftVlllt"OWEIt :OUODf'ftO.P ;fiOH",ro rl tJ:.Cl L P4CJ s. tIED t",VS $ ST,,,,")FNt4: 1 t PON=A "4r,OlN _....z.J.IF". i~' :'ilQp.t,Ye ~IillWl l>>o,PlOO I ~ "I' ~ '..rtlt WCOHTtoe ~ ..-",a . Ia'lOA'l:'C UtoYlp.-; LIMIT I I COMIot Ate t.OC ~ ~,(;S\ veLQW) - _ ""c:owsi .. '. ORQ(:J\u,w ......:iu.x,.EJ\tOO MfGloct : I t)Il."" i tl'lH,ned'lF~'AFf~ N.UiANoA~'''''orrl'fl~~R';''l)V9M)PAoP-- ---.." --... left ~ ..~ ~YSI"VUOOJtt'T ."" . ut.IfTlO#S'''Y ~~ ~.u.'iii~'~MSTAA:noHi,~lIl&m ftNiftA'M4IU'OlMA1t~ apt: << or ~Q". , ~ --'..-~ " " ..--, . ., " -' ..' ~lfTPe," " I ~AMO:.Q'.'At fUI.l~ia)Oi.HU:U8D : . _ ,r.._ T~'I~--~ t3....~.;..... WPLl~'I1l' ~ :-.!HE.4TIJQ.VR ~ ~0t.A$$ -. ~V{IW,i.UOUk,,"rHf:.MtiU';- .. . -:REPSTI\'F J -RMi:'-'.J. lonlCA. 1..'ft:.Ii.I.'_UPN.CC.~1)F\$c~Jl:\:" I ~FTW"()It.IN&.D4TJoNU~~ !'AiAliilcPc)$Ui:iaDlUAN<:c I ~ -- .... 1~""11O 'jUTeHt--rOltioe !~:~~"-..~_.- '--rOVAROJATa<M'. "",IlIH$RREPRO~(sDii~.5t~Vo'~~l "sntMc-'mi.~M.VfJ'ACl1.H'tfJl ~~---,", .UllJ)JUQIMI'~flOa ...."'lINO."" - . J~m !onrm: . AfCMT~'c.-Wi...MCi" !"'" ~Ya . _.. - I :... l.o 1tUflCl..M -.willY..':: : CfNltVL nl!.TlON :WlUl'a'G 1~~~Y 1I~~...Ifll&T.Al.UQ>>lOtCS\'<ACf.D"" C(Nt1UJ. 4T41lN4 ,0CAt""",, AODmoHAL IllTEIWlTS AAWIC; N"'WANO~ 1IfTr..'" :~m. -_:~ ~ . . JU.NI\: NAMIlAfIlOADDftUS llS.'W" '.......T : :Y.)UI;y J~~ . ,,- ~ pi ..' VAt.UE RePOR1lNG 'NFORI'ATlOH . Me~rlftCfOicM:~~VAWE:'~0ft;~.Il.AT1"~' "1UBJlCT Of UC$UMNCC . "'Ii...... AN"f01"flU.QCA. .......,g W'~ '--- -----+..._._--~-- Nrf 0'ItD lOCA. lION"""""",, ~~ _HOT" 00_ UNIT --- -.--.-' - --. -~.- ---- -'.' REMARKS ~ACORO 140 (1I~6) .::~ :.. ;;.::~~ .:--;/// . :',: ~:~.~:/:' , ..... .' ~~ ... ~~~d"':::' ....... ~'."- .- _: ;':' ':;:."" : I,- T00005 .... ......-... ,SP68931, . . . Synopsis of Quote. Your premium including Coverage for certified acts of terrorism ,as defined j)y federal law is: Premium Terrorism Charge Surplus lines tax (if applicable) Policy Foo . Stamping Fee . Total $ 9,],88.00 ~. ~b~:2f . $ . 250.00 $ 15.00 $ 10;675.21 . Your premium if the insured rejects coverage for certified acts cHerronsm as defined by federal law is ,'.. . Premiuin $ · Surplus lines tax (if applicablEl) . $ . Policy Fee . $ Stamping Fee . $ 9,188.00 275.64 250.00 15.00 Total .$ 9,728.64 COVERAGE CANNOT BE BOUND - . UNTIL YOU HAVE ADDRESSED THE PREMIUM CHARGES FOR TERRORISM WITH YOUR INSURED AND HAVE OBTAINED THE INSURED'S SIGNATURE ON THE TERRORISM DiSCLOSURE NOTICl: INCLUDED WITH THIS QUOTE ... . Coverage cannot be Considered bound until approved byW.N. Tuscano Agency, Inc. Please edvise when coverage is desired. . KINNEY ASSCX:: . 0990945 Hutter Agency, Inc; T00099 T-00269 co - :0 1: x UJ ---- 51>68837 W.N. Tuscano.A~ency Inc. .. PHONE: (724)836-1510 FAX: 24)838-143~ . .. P.O. Box 1027 GreellSburg, PA 15lio1 CCMG:I<<:IAL. PROPER'l'Y QUOTE r :n:oN: CindY Jones .. cJon~s@tuscano;can PHOOE Elct': 201 The ineur.~' w1;th. whom th. in.urue. :L. to be. piA~~ J.. not. "acl:m.itte<t to tr&naact bu.;ln... in thJ.a CommoDwea1th eDd . ~. . subject t~. 1~ted regul.t1oD" ~y the 'Department, and ,in the eVen~ of.1naolvency o~ the. l.~urer,. ).OS8.S wLlJ. NOT b. p.~d by; th~_ Pennay1vani.. ~rop.rty and C.aua1ty xnaurance GUBrant:.-y A~.oc1.t1.on. . DA'1'!: 06/10/03 .MENC'!: Huttel: .Agency,. Inc. ATTEllUON: JOHN INSUllED': KINNEY ASSOCIATES; DBA LOcATION: ~s quote. describes a synopsis of cOTerage that will b. prodded i,~ . policy.is ordered. If.an .wlic~1:io" :' . hu been: .uJ::ad.tted, th1. ~t. .dd.reaaes ar1ly tho.se" cov.erages .quoted b.e.low. Any other ~crr.r.ge. that may bay, . been j.ncluded in the al'plicatiOli. ere henby declined. nus quote i.a good for 30 days Only. . ... .. PllOPERft: SUBJECT T.TMtTS i:,QDIll :lI.llLIl.!l:wlli . J2.IIll I:l2llH BUILDING 750,000 80 He 2500. ~PECIAL BUS. mc + EXTRA ElCP 25,000 90 72 IffiS SPECiAL . BUILDING 922,000 80 He 2500 SpEcIAL . BUS me + Elcr'RA ElCP SO,OOO . 90 72 HRS SPECIAL BUILDING 500,000 80 He 2500 SPECIAL BUS . INC + EXTRA EXP 50,000 90 72 HRS SPECIAL . COICP>>lT1 Bell & Clements Limited Diut: ANNUAL PREKIuH: 9,188.00 POLICY FEEl 250~00 ~.n:E: TOTAL J\M::OlT 1XlE: $ 9,728.64 25% 15.00 S.L. TAX: .275:64 HD01IltlK EARNED PREMIUM: BIllDXNG . CONDITIONS: [Xl MuS'I' O\LL TO BIND OPTIONAL TERROlUSM COVERAGE OFnlUlTACHED. . [ ] co. APPROvro. IIEQUIRED TO BiND. [ I APPLICATION REQUIRED 'I'O.BIND Nons: SUBJEcT TO SATISrnc'l'ORY ccm>ITIa-J OF BUILDINGS, GOOD HOOSE!<EEpmG AND SATISFACTCRY NEIGHBORHOOD. . T00098 T -00268 . Jun.S, 09:51 ern.br' Cindy Jones W:N. Tuscano Agency, Jne, PHONE:~1510 FNC:trnl8*I~33 (09:5~J Pg 3 of.ll '......."1 :~J .c U~ ~ p.o. 8"" lW (1"'~;'Al~l 0510./03 ' a.tear 1.!l<'ocy. IDe. 41 W Hala str..t ~.o. lox 2424 lleoJuuaobo<9 PI< 11055 - fmwtd: XIlIbIn .lU&ocL\nS, IlIlll Rdcnmcc Number: pxs061S Roccivod Duo:. 05/08/03 Ow crBusincss: c..... PaaQge . L l'OllMAL ~CB OFDECUN",nON .1 T!wlItY4U fbt your..mnisoloo ll1\ 1M aOO\'O.aapIiollcl. I rcaret to infurm )IOIl1hal.,. arc IlOt obla 10 _ a qIJOllIIiotlllll thl5rlsl<. tbc:rd'0llI M III c:looiaa ClIlI'liIe II thlIllmo with DO w..... aonsidcnd bOWld 01' oflind. P!ouo Updste J'CIlCfiIo 10 relIoal the Wk nc _ fi>r our dcclinalioa b: [ ] A miew af~ CUIIOllt ..m.r ~ &lid tho COV<<l8e1 roqucstod .,.n.:.i. tIW ,""~~Mfthli.in1lltltlleitha>pridnjJ.orCllVeRll..~tbanlert-",,.IoWe--- ..-. ....... ...... ....nable. . . [ ]Wedo IIll1baYoa madcct wiIlins IOqtlOtedua 1Oth4utUl'll crlllc appU",JI'I !)JlCnli0llS or bUJloaa type. pel n.llppl~ )<lIIlIlbmllrccl is ."'........IJy q,"'"lIple1t . Iicl Oih.r: 1/. oe04 tho eoqU.~od Acord US , Acord 126 .u lie are to co..idor t.hi.a rilk... 11uI: JOIlIl:Jin lilt coasldering die Tusl:mo Apoy. we hope 10 be able 10 help yeti on iame dob. . I\~O-() vd(cp :,J5 . ~y, ~otJ..' () ~\r ...41tU .atM' Balt .yY '1 'Y \ ' . ~DotaI Zl<'1'. 207 ~~\~ ~\ . aath&oftuaa&l\O.coa t\~. Be 00081 HeDDD3 fJ)bl+ t> -- m )( =s- a ;:0' o o - :c ~ -. . Jun-g.03 16:12; Page l/t (13:52) Pg 1 of 1 P.O. IBex 1027 GrlIeI1$burg, PA 15601 . Sent ey: HUTTER AGENCY, INC.;. 7177950580; JDn 6, 13:52 ern bT: Clndy.Jones W.N: Tuscano Agency Inc. Telephona:(724} 836-1510. Fex: (724j 83&-1433 Fax Cover Sheet . Date. 06/06/2003 fo. BGt1:er Aqenoy; Inc. . 41 W Haln Str....t P.O. Box 2U4 I(achanicsbnrg . Re: ,JtINll1l1' ASSOCIUl!:S, DBA PXS061S PA 170SS Reply to: Cindy. Jones Reply by: . COIIPANIl!:S All.i: QUESTIONING TIQ: VALUES 011' fiB BUILDING!;, BASED QN TBE TOTAL SQ. FT, AREA, '.rIlE BUILD~ VALuES ARE AT $171-$18S"PER SQ. FT. PLllASll VDIl'Y 'tIlE 'tOTAL SQ. n. AREA OF !:ACB AND ADVISE. . II' '.rIlE SQ. ",. AlIEAS ARE. COllREC't. 't1lEN PLEASE ADVIS:!: AS TO BOW :BUILDING VALUES WllRE DE'l.'ERHINEIl. ~_O'_ vr#iII- [Q.(q (03. ~ kwtk ft~ujJ~ !I-tU Iiiu. ~ ~;~ /o{J!f ~IO[?'6 - ,~~oo 5*,000 1[. 1M ..f~1 W),MIN V-p 106-/0g tIJ-Mfit/ll '3 'l-o - 3;) 3 ('(/PJfJ JfII'b . M,3CO - ..~ . .t:; :?-;rpOO j?~ EXHIBIT 2 .t' Be .00074 BC0012 EXHIliIT 2 y S"8831 W.N. Tuscano Aaency Inc, PHONE: (7241836-1510 FAX: r124)838-1433 . .f .0. Box 1027 Greensbarg. fA 15601. CCHolERCIAL PROPi:RTY QOdn: .:=1 DQ{: Janie Young . jyounq@tuscano.com PHONE EXT: 211 ~h. in.u~.~ w~~ wboa the in.ur.-nce 1... to b. p~..c:ecI i. nGe _~eted eo er~us.c:t bu,s1.ne.. 1.n tb.1.~ CommoQ.......~th an.:t i.s 81.1bject eo ~i.mi.ted r.')ul.at1.oll by tll_ Dep.rtlaentl. ..nd. 1.n the event o:f j.n.o~v.i,,::y 0::( the .:LnsUJ:'III.r. l.os.$es wU.l NOT be p.....1d by tho .onn.ylv.-u..' ~roperty and ~ua1ty Xnsuranco GUnranty Aasoc1...ei.on. , ,. DATE: 08/06/03 ~cr: Butter Agency, :Inc. A:rTEN'1'ION: MARY D1SU1lEO: nNIIEY ASSOCIA'rss, DBA LOCUION: nO-32B IIARKE'l' ST, LEMOYNE PA 17043 %bi.I quote U.lc:tibu a. ,sy.wpsJ.. of COTe.r.ag. 1:ha't 1rd..ll 11. p&O'rid~ U .. pol1.t:y 1.1: ordereda . If .an .application hu been .au!a1tted, tb.1.s quote oIddJ:U3~ arU..7 'thoa. COTtJ%'&gU CJUOI:ed. :bel.ow. Any other coverages that IIlaY h.n. ~.n incl~cl in 1:he ;applJ.c:.ado.a. Arehueb)' declined. 1'b.Lt: quote J..s ,goocl fi:),r 30 days only. PROP!:R%r: ~r8..mC'l'.' = aUus.. V'll r.lmTTON = ZQI!Il Business J~.Jdel Ex.Exp. $ 50,000 90\ 72HR Spechl FOrti Balldlng $ 922,000 BO\ .. l\C 2500 Spec:hl Fonr COMPiWY: Ilell' Clements Limited TEllH: AmllJAL PREHIUK: 3,888.00 POLICY FEE: l2S . 00 STAMP FEE: TOTAL AMOONT DUB: $ 4,144.64 25\ lS.OO S.L. TAX: 116.64 XDtDIDM: :ll\RNED PllEHIllM: fCIPTlONAJ, nRRORISM COVERAGE ~'nrE1l.AT1'ACIWl. [ ) JlPPLICA'UOH REQUIRED 1'0. BIND BnmING CONDInOllS: [Xl >tIlST Cl\LL 'l'O 8J;ND [ ) co. JlPPROVAL REQUIRED 1'0 BIND l101'ES : TlIIS BASED O~ 1 BO:tLllING. ONLY NOW FOR PROPERTY COVERAGE .AS LOC 1 IN THE YAIR PLAN, LOe 3 WAS SOLD. SllllJBC'l' TO SATISFACTORY CONDITION OJ! BUILDINGS, GOOD HOUSEKEEPING , SUISPAC'l'ORY NEIGHBORIlOOo. Be 00075 BC0014 , . S>5U3J. Synopsis of Quote YoUr premium including coverage for certified acts of terrorism as defllled by fedefaJlaw is: . . Premium . $ 3,888.00 Terrorism Charge Surplus lines tax frr applicable} ~H3:9~ portcyFee $ 125.00 Stamping Fee $ . l5.00 Total $ 4,545.31 Your premiom if the insured rejects coverage.for certified acts of terrorism as defined by f9dera1.law is Premium Surplus lines tax [If applicable} Policy Fee Stamping Fee $ 3,888.00 $ 116.64 $ l25.00 $ 15.00 Total .$ 4,144.64 COVERAGE CANNOTBE BOUND - UNTIL YOU HAVE ADDRESSED THE.PREMIUM CHARGES FOR TERRORISM WITH YOUR INSURED AND HAVE OBTAINED THE INSURED'S SIGNATURE ON THE TERRORISM DISCLOSURE NOTICE INCLUDED WnrHTHIS QUOTE Coverage cannot be considered bound until approved by W.N. Tuscano Agency, Inc. Please advise when coverage is desired. KIIlIlEY . ASSOC 0990945 . Hutt~r AgeaCYI Inc. ,. Be .00076 BC0015 L.ftatat , ':..". . EMAIt~SENT TO MBV@HUTTERINSURANCE,COM ....:... ....::: :.:./:.:' . To: ,"... :./ '.~: . . / Hutter Aga'n6y ;.rn-c. .41 W Main. Street P.O. Box 2424 MechanicsbU:tg PA.1705S... ,. ',' . ,. ...... ::Re: -. ", ,.... THOMAS:KINN'EY.ST, PAOLA KINNEY KINNEYinBA.XINNEY ASSOCIATES ..sP6883'1:.. .... & THOMAS .' ", ..... " . . ,"'"~' .." ~ Kirii 'payne . . . ... . W.N..Tuscano Agency,. Inc. 724-836-1510 PHONE ::;..724-838..'1433..FAX ....... .. . .r' .... ,'. . ::'-. : . " ...-..~ ,.., ,'. .. . . , ,. .- ... .... . o~ ;. .' ..... .... -. J .-... ./ ...... . .. ,,-. ,,' .... " ,'..' " -"../ .,...... ..... -. ... ,',,- -~.:.~~>~.~~.~.: ..- J' :". . ~ . " .r" ... ,. .. '-. ,. ..-' 2....~. ,.. .: -- ..': .. .. . ........ . . .- :":" ... .' .' .. . ,- . -.;',. . . . .. '''~',' ..... . , . .. .. . -". :".' . .~. ,. . : .,'... . ...,. ..' ..-' . - .... .- ',' · /;.~.~:~:~>;.;;i;~;~(;;;&~)j~;'::t/;:j.:: i;., , " . ..... .-. -.0;....;........,.......":.: :;.:...:.;::..:._...... ..- -. ..... .,:' " ','~ ,: /.,:= ........ .. :..i)at'ei<ogj2S/i.ouj. EXHIBIT ;F. 2// /asJ- n'eI>ly to: ...Klli(Payne '.'.... . R,eply by: 10/24/2003 .' .' ..,' .. .~. .:' .:~... . . ~:. . ~ . - ,. ", . ...' ~ . .. . ..... ,. :.. . ~. . .. .. ",' ... .- l .. ... ....... .- ~. .. -.' .... '., . .. . . . .... ,'- /. . .- .... .~-" ..' " T00064 ': ,S?6~W.N. Tusca~.o Agency, Inc. ':. ::: ::'..:PHONE: 800-442:e06:l.FAX:724-638-1433 .. P.O. Box 1027 Greensburg'.PA 15601 .PoliC)r#: ....SP6.SS:31'.:., . Insure,fName: ,.' 'l'JioMxs KINNEY S7, PAOtA .KINNEY.' TliOv.AS .KINNEY DBA.KINNEY ASSOCIATES .Inspection Reffl: . .. 320-328 !lARKET ST, Lf:MOYNE, ~A 17043 :.... .<.. ,Return this form simed no later tha.. U()O" ..10/24/03 .. . -' . p' .. . '. - ," ,A current Loss Coritft>llo;peCtion reveals the following hazards andlor deficiencies t:hal requi~ imriie&iwi eotre(;tlon: . :..: 2003-1: IT WAS NOT POSSIBLE TO DETERMINE DURING THIS .INSPI~CTION WHETHER CR. .. .. . NOT Till! ELEC'IRICAL..$YS'ZEM liAS BEEN INSPEC'l'ED W.THIll THE PAST THREE (3) .:<: .' ....YEARS BY A :COMPETENT ELECTRICAL INSPEC'ZOR. . THE ELECTRICAL CONTRACTOR AND A ,. :. . .. . WRITTEN REPORT MADE OF TilE nNDINGS. ~IS REroR'l' SIIOULD BE: SUBM:TTED. TO .: .: . :' '. .. YOUR COMPANY. .ANY DEFICIENCIES NOTED AS COMPARED TC THE Nll..IONAL ELECTRICAL ..;:::; .,: CODE SHOULD BE 'CORRECTED AS PROMPTLY AS POSSIBLE. .... ,. .. ,.. ... : ;- . - -.- -.:' !" ..". "-<,' .: .\ . r . . 2003-2: THE...IiANGLrNG W:IlED SMOKE DETEC'!OR IN THE STAIRWELL OF THE COUNSELING OFFICE SHOULD BE REPAIRED OR REPLACED. 2(103-3: AiT...PULLING AWAY FASCIA SIIOULD BE REPAIRED OR REPLllCEO: 2003-4: ALt...viN.{ i.ND WEED GRO'llTH ON THE BUILDIllG AND THE: EXTERiOR STEPS SHOULD BE CUT AtUlY AND KEPT ORDERLY AT ALL T~MES. '.' . . .... ./ ; . .-.'" . .. 2003-5: ALL :MISS1NG. AND CRACKED MORTAR SIIOULD BE IUlPLACED. . " .:;..,. .' . .' - . ~ . ~ .,.- ....: :.: .2003-6: 7HE LEFTlAAAR OVERllllNG A!lOVE THE DOOR IS PROPPED UP BY TEMPOlWl:{ .: '.>. :...,. WOOD POSTS, WHICH SHOULD BE IUlPLACED IiI7H. A SUPPORT SYSTEM ,:fIl\T IS SUITEr: FOR THE OVERHANG WEIGHT. (!lOTH DEAD lIND ANY LIVE LOADS) . :,,,,>, . ,. , ; ...4 ;" " ..... t':... .' ..... .': ." ...-.... .' 'I .)>~:. .," :.:. . " ..' . . . u' ...:. '.' .~. ,'#'. : .. . .....' .'-. . .' .:....- .:fOllnrINStn\Eci:'.: ,~:.-.:. ....: . .. ..: . . .. . . .' .' ...., : .:..:. .:. . _ .; . . :nus report is based on:one ~OJI CondUcted fOTUnOernnling ",a,.,.,.. only. of the preiniseslojler8lions poitinent 10 Ibli pOlIcies "",is.ue: II is not :. , .:.. :.. intended 10 idenlifyan bozatds or replace lb. imurcd's own safelyefforts. It docs not _ the safety of the insured's promi..., producl.. or ':',::: .'operations; . . . : .. .: . : CorreOOon or~'~s) shall be confinned by you...el of signing lhis report and deli,....ng it 10)lour!nsUlon<:e broker by noon on.t1..'rej>ly by .. ..: dnIe noled above. Cancdlalioo or NOIl-taleWllI "fyour insurance polioy may be issued without liull..., notice if}'OU rail 10 comply illld this signed . fonn is nol received by the due dale. :. (Date) .. .. (Sig".",," ofllielnsured) ...... ....... . ~. -..,": : . ." . - :.~..;:..:;:~::~~.t~~) ;:;~}~~;.t.~S.~~~bj;:~:;~~::~~~~.::..::::::~:::~ ~:.~,~:.':< ; ._:i.....sURW .".' ,': .~, , _. ..r-::;:. ;'~';" ,,':~..' ....... . T00066 ... "r ~ .,,- -- \/:,.:~t~n; Mary B~~:~,~~bfQa'n \Jf\1t'terA9tin-Cy>inc :. .i>~l .'1/1 Main street'.. :.'.;l'.'O.]30lt 2424. . ..: MechanicsbUrgPA '17055 10/24/2003 pate; Re: TaoMAS KINNEY SR;. & KINNEY ASSOCIATES BCM047 02 : Rep.1Y ReplY to; bY' Kim payne 10/30/2003 ... , .. '/;~::' -' : ,. . . . ~ ..- r .." .... p. .~'" .: ~ . : .' .':-: . - .-.' :"i~" ;: : .::' .~... ," .i' " . 0'.. . . ..':' .. . ..~. :.."' .' ," ".' .' :.-'. :" .:' --- . .' ;j.:": . :.., .....- .'. ;.:.' . , .' .. ' .." ...../ -;' : ..,' :t' . :,,,,-,,,, ,....,...,r.:,,\ j ';' .. ..... . ."" ,.: ,.. .,....;.'.. ...... ..' .-- .,.... . .. .f: .;' '. ..' .' , " .., ,.r . ." " ,; ",: -. ,..' ,.' ... ~/.?~; ; ,.' ~ ." ;-,.:.-' :- " .' ..;{/\.~-; . f" " .: ::.~: .",,' .' ,,' :." ....._.~.;..(:..::..o' '.. . ~ . ,"' ,{~:/..::,. , . ' " ,. . , . .... ..' . ,f"', / . i ... ,... .., ." . ..' ,i t" ., ,...,.,. . .," ,".". . .:: :~":,:/.:..,...,,, .... : .., .... J . .-' ".,... :-' .:' <,.. '~:. ~. ~. . . :." .,.... ~ .., . ...... .' .' ,. .~... .. :,.:. '.-' ..... .~ ..' . . . . ~ . ,. .""." .,....:.. .' ..., .' .' ... .. ...:'" . ..../ ..,'" .' :...-'.........:... '.: i':'~:~'" ........ . :,.,. ...... ;.... . .,' ~. .. :.:........ .. '.:' r'/' :;.;'..-": ~..~,~,;:....:..J.._...... ......<f:.... ,:.::(:...:>'f!.<': ..' .' .... .. ---~.:.: ,,' .... .: " ;'~ . . ~JJ:- II ,..' ,.' . ......... ~ Ab~.}<iiiN~i b IB'/ A ,.. .: ..'~ :.' v,:' ... ..: /.." " . .....:.. '.' :. '" ~.:' :.:, . . ~ ./ : ~ ., ....'NO"...""'........ . .....' .. ..VE _ ".... =,VED' .".SlG""D """",,,'DN """_,,m< ~( " ,_cb",,,,.,.G cONPL'''''' .". .NO c"""",,,"o,'" ,,,,,,NO _Al.', .AND FOR\ilARD $&FoRE TaB pX:l?LY DATE SIlOWN ABOVE. 'J:flAN1.< yoU, '..:::..;. .... ..... .' .... ..: . .. v' ..... : .. ..' .' ; '" ' ..,: ,,' / .,. . .. .. , .. .' .' ..... .,,' . .. .... ". -: . ::'" ; >'. .;..:~. ',:'_ . ... f '.' . .....". .' .,' .... .., . . .. . ..' ..... ...... ";' ::: . .. .: . ..' , .. .... .,.' .......: .' ... . / ~ .." ,... .' . / ..... .., .: .,' ~'" .... ... .~ .. ,. 'I0006S :' ... E......O "'-.J " ---: .~< . Sent By: HUTTER '~~NCY, .INC.; 7171950580; Nov.6.03 17:38; ..;' :,.P696. );'1 :. . .. ," '. .c_> ...... ~... ~ ,...' S'6W.N.~TiJ~-can()Agency, Inc. : PHONE: 800-442~oe3 .FAX: 724-83&-1433 .' ,.,,'. . :'. ,.:.' : .";');.0. B.Ox 1027 . ..Gieensburg PA 15601 I.o..Cont~ol R<<ommoudatloll' And Malorlal R6li>resC!'tatlonltorm . ". . RettUlllt\; W.N.'lllsCanO Ag~y, Inc. 1'.0. Box 1027 Greemburll l'A 15601 Hroker: Hut te.r "gen.ay lIne. - " " H If )old.. atr....t :. ./..' ' p.o. aoa 2424 .,. . Mechllnlcaburg PI'. l1055 :. ,. ,.. . '/ :.-. .PolicYfl: . si>u.ejt.. .. '. .. :..[nsured Name: ' ..: ,TnOHiui .RiNNa'l S'I!, PAOi.A ICtNlIEY ,. TlloHlls umnty PDA XIl'INllY MS(\CIATE$........: .: .. liuP<'Clion Relit: >. . 320-3Z8 I1A1UCET ST. IblOYIIII, pA 11043 '...... :. .. ". -:':.'. Retuq1 till! faTm ,Illoed DO later tban noon .10/24/03 -:~~,-=,~~""",_,,,.r.~~~~'~~,::: ....... .. ........._.. __ ,_ .._..___., ~.__ ~.'..: ,.. .. A =1 Loss Control llU/lection reoeal. the following ~5 andlo~ defjcicneios dtUl ""luin: ~te -;;;~~~. ;. .'. ..:.-. ~... . '-2003-1, 2'1' 'PfAS 'NOT POGSIaIZ ~ DB'l'JDUd'lltK otmOlG 'l'HI8 INSPKC/f:COD WHETJtt:R OX{ . - ," :. .....NO'r 'l'III!I EflllcntClIL S!S'I'El( lIAS 8E1lN INBP=D Wn'NX" 'l'HI': PAS'!' TKt\RIl (3) .;....: l!XHlBl't . .. ..~ III A CQIIPIlTEN'I' I!:LI!crnICAL IIlSPEC'lOlt. 'l'\It! lILE:C~~CAL <;ON'llUICTOR Am> 11 .. ... ..: ~"''I'lIN lU>1'OllT MlIDE Oll' 'l'IIB Fllll>IllGS. 'l'II15 IUlPOR'I! SBt)\lLD aE: SUI>>fI'l"l$D '1'0 . :. .YOUR CO\4PAIlY...MY DUICl1lllCIBS .NO'l'\u) AS COMl'Al\B1) TO Tilt: NATIONAL ELJ:CTRICAL.:. : . .. ; .-COOI!: SIlOULll m;- 'CORREC'fED AS l'JtONP'rLY AS POllSX8LB, 2 . ,. ~ ....: _ . '2Q03-2, 'rItE biN~nro wnzll SM01'.E OB'l'EC'XOR III 'I'IIE S'l'AIRWllLI. 01' 'l'llE '::;::. ... .COIIN8&1.X)I(;. Ol?XCI!: SIlOIILl> BE RltPAXRBD OR REPLACED. 2003-:H AU: ,i>ULLUlG AWAY l'ASCXA SHOULD 8E RBPllDUlO OR llBPLJ\CI<D. ;,~ . .2003-4 r ALL VINlf AND .M\:ED GROWTH ON !On SOILOXNG .1\1/0 ~Im 1:>('I'I':IUO" S'I'EP$ :. . SHOULD DE coi' AWAY AN1> \tEP'I' OIU>=" AT hLL nMEIl. 1:< ::;:.: 2~03-5,..7ii.t;Hisifx~~kln:IlAC""p MORTAR !lNOULD BE I\llnJICED. ~,." .' . ... 2003-6,..;U..~7~. O~G ABOvE TJU: DOOR IS PJtOI'1>&D UP BY i_RAllY.. .... .. . WOOP POS'rS; ~CH SHOIILD Dll REPLACl:O lfI'l'K A SUPPOR'I' SYSTlIM TIlA'l' IS SIIITllO . ... : 1'0" T\fE OVERllMG WIIIGII'l'.. (B<l'I'H OllAO AND ANY LXV& LOJ\l)S) . ,.. . .,' ..' '. . .. . i . ..: "-.' '. " .:'.> :.-f : :~,:.....{."::-;:.',' ;;[;:.;iil~ +~ ~ '- ,:-:-".:'~",:' ,..- , ~f&k //':-.-. " . . . ,~. .' ' . ...'" or. ...- . TO 1:H~ lNSi.miID: ,.... . .:'. .. .. . . . . . .; . ... ..' . . . . . .'. .: . : TIll. .~ i. tlOl<Id M.O;;' ";''1..:li..;;..id.,.j;" r.i- oi.4<rWri,i1l8 ,....... only. tliho ,n..;_open.li~.pe.~"""; It> 1h.;~i"; ... "",c;.. i'l>l \oi.i . ;n.t6IlcL:d 10 idllnIilyaU 1MtturdI or n=phloc \MimrlltCd~tO\\'\) 9tltby ctYnrt$. [t ane,.uttl \l.'an'I\I1' the ,.,rt!y .oCtile: hUlur,-<d>. pccrniSC#, pt'Ol1uc" or ~~ioM .;:. .. Cumx:Ilool ,,(~~;):~ i..:_llrlllOd b)' 1- ,,<I u(oi&o"", lbi. ,cpurt ond, "'""_ ~ lOl'l'" .......co h,,,k..1>)-......... ,hi< ,'j>Wbr . ,_' .' data u.o\cd :.hon:. ;e.1~U.U~l at' 'Nuu...-tl1\O\1o'Dl ol >~ l~ policy lfitay '* baued 1\ t fbttl-..T notice if )l)U ~il to cmn{)ly and thla ~&O"d ~-:.~n.i~~~;~by\~.Qucda'" -.M ~, .. :;....(;.~) . . ...' . (Sit,..tur..lthol."riw) ,'. . u... ,. J., . .~,...<:~,i-~:'.:..'~ to' ':'~':':.::/:::~/:~.;;:~:;-):<(~-~~.: ':.",,:. " " ~, T00070 : .... :.: ~ .:' .,.' :.,. . . . .,.... . ~:r ! .{ ,i. .~ > t ~ ,.. r. .~. ~~: - :<::: fa ~ III . '. EXHIBIT Status: EMAILiSENTTONBV@iro<rn:RINSuWCE.COM . ,. Attn: MaryB~a Viehman . Date: il/OSf200j. 23 , ~II idS Or The Hutter Agency 41 W Main street . P;O. Box 2424 Mechanicsburg PA 17055 Rei THOMAs.Ki!mEY SR. & PAOLA KINNEY DiB/A KINNEY AS~IOCIATES . BCN04702 Reply to I Shelly Chappell . Reply by: 01/07/2003 Notice of Cancellation attached. Please note, to consider possible reinstateme~t for the above. . policy, we must.receive the .original signed recommendation letter along with photos, invoices/receipts,. etc. prior to the above.reply date. The information. provided as proof of c,omp1ianc.e must be labeled .to properly .correspond to the approprIate recommendation. If we do not receive this information in our I~fflce prior to the. cancellation date, reinstatement will not be ,~ffered~ . Thank. you Shelly Rae Chappell W.N. TuscanoAgency schappe11@tuscano.com (866) 442-a063 x551 . Shelly Chappell .W.N. Tuscano Agency, Inc. 724-836-1510 PHONE 724-838-1433 FAX T00170 T.nn.::tnQ ...., - :Zi 1: x UJ -- 111111:>0580 ; Jun-15-04 13:30i Page 23/27 .If SP6D837 PA NOnCE OF CANCELLATIION .- 1NSURANCE COMPANY Sell & CLemant~ Limited TYPe OF PdUCY; C;ommerc1.a.1 Property POUCYNUMBeR; B(;1(04102 POUCYDATElI: 08/13/2003 - 08/1)/2004 NAME AND ADDRESS OF INSURED THOMAS K~NNB~ S~, & PAOLA KINNey KtNNEY ASSOCIAtllS lOO W. HA:tN ST. REIIlt MECHANICSBURG PA 17055 APPLICABLE SECTIONS INDICATED BY X DATE OF MAILING: 11/05/2003 CANCeLlATION OR EXPIRATION WIL.l. BE EFFECTIVE: ol/0'l/2004 l2101 AM (ll4"'l iHOU'IIr_nMIj . ISSUED THROUGH AGENCY OR OFFICE AT: W. N. TUSCAtIO AGl!:NCY, INC. GREENSBURG, PA lS601 O. - you.,. hereby nolIIIed 111 accordance Wllh the terms and condlllOns oftllellbove stated Polley, and applicable law, that your In&urance WlU cease at and from the hour and date stated above, O Reaso.n for cnc:ellatlon: Nonpayment or premium. See th. 'Important I~otlces' sec:1lon below tor other Informatlotl thai may apply. . D/B/A rl You lire henlby notitled In aooordaMll With the Ulrmr< and condlllons of the ab(.ve lII8led polcy, and applicable law, that your Insurance wilt ceace at and from lI\e l10ur and cI8te noled aboVe for the reasoll(s) &fated In the 'Important Nodc:..' ~n below, Includll1Q the ~r.m.loA expllllenca WIlICh caused !he callC~lIl1llon. Seethe 'Impol1llnf Notlc:es' aedion below for IddlIionaIlnfonnBlliii\Yilu may' r~flo6t from us unclElr!he 'Informjllon IIn Losses' and the 'blanslon 01 Coverage' Iteml and for other Information that may apply, You are hereby noUlled In IIOOQIQanCe wllh the tenna and condiUoml 01 tile abOve 'staled policy, and In eccolllance willi Jaw ,lhet your IlIsuran~e will ce8SEI at and frot'n lIIe hour and dlrte statsdaboVe lor the. Ieallon(s) stated In tI1e 'Important Notices' seotlon below, [l{J Se. the 'lmpoltant NotIGes' sedlon below for other InfQrmollon thai may epply. IMPORTANT NOTICES Reason(s) f<lr cancellallon (reason(s) Is (are) staled only If above marked Item Indloates such): Matairial failure to cOIIIPLy with pOlicy tarnls. conditio"" or contractual dut eSI failure to oomply with Inspec~ion reoommendations. .'Information on Losses' Section do.",. app1v. Informootion on Losns (applisa only if noted In above marked llam); Upon your Writte~1 request. we will proIIfde you with Infonnallotl on Io&ses you hav8 had dUring the last thflMi yelllS or tor lI1e period ofllme during which we have provided you WIth cDVel'lOe, ~ Is I..,., lDCSI IntormaUolI eonl<ll:ts of Informallon on closed claims, open claIms and noUces of occurrences, looIudIng dele and descIIption 0/ Dbcurren"", and amount of payments, If art1, and amount of resslVlls, If any. Your reqU..t muat be made wlIhln 10 dllV5 or your receipt of !his no"e" 01 cancellation. We 'Mil prOll\de!he requested information within 30 days of the receipt of your request. ExteIlSIon cI eovel1llle (epplies only if noted III above marked 18m): It 1he Insurance being cancelled is being provided under a 'claims made' policy there b II 80 day period ull.er the eff9<:\MI date of caneelhlUon during whJQllllme you may purchese eictended repor1!1I!I coverage, lfyaU /1elle not alrea<ly purcha....d well C6wrage. Contact us or your agsnl f,)r more Infonnellon. Replacement 01' Property (Flrelln$uranco; If thk; no1lcu of cancellation pllrtalm: 10 a paDcy providing fire and IIxtonded coverage Insurance for direct property damage and you wish to replace sueR Nuranoe, you dwuld meke en effort 10 obtain InIlurance from enother Insurer. If you have dlflioully procuring replaoemant coverllQe from any other insUirer, you may apply for OOll8rage throuah the InsuranCe Placement Faclllly (FAIR PLAN). For further Information, please contact your agenl or broker or the Plan at 325 Chestnut Street (Suile 600), Philadelphia, Pennsylvania 19106, AUtomobile Assigned RIsIc Plan Infonnatlon (this InformaUonappnes only \'oilh respect to the termInation of au16mobillllnsul'1lnce); tr this cancellaUon pertalns to an automobile poliCy, ottoer IIIlm one IsSued IhroulIh the ,Asslglled RIsk Plan. you m..; be eligible for .automoblle Insuranoe through lI!lother Im.urar or under the PennsYI~anla AssIgned RisK Plan. Ploasa conlact your agent for more Inlormal/on, . :-J Appeal Procedure: As your polley was one oblalnedthrough the Pennsylvania .Il.sslgned Risk Plan, you are hereby edvised, reganllng the above nodticaUon of oen1:ellal/on, thel you have lho right of eppealto the Governing Commltlee of Ihe Plan, 302 Cenlral Avenue, Johnmon, Rhode Island 02919-4995. ConSUm., Report: In campHane.. wIlh the Fair Credtt Reporting Act (PubliC Law 91-506), you lire hereby Informedthe\ the acUon taken aboVe" being takan Wholly or partly because of Information contained In a consumer report from \II.. following consumer reporting agency: u EXHIBIT ~~--7.4~~ rJ AUthorized .Repre$enUl\lve ~\\3 ~ (\~ :2 CB00016 ,. 4' -.J I s?68B31 EXHUlI! e..,.;.:.:: ..NOTICE OF CANCELLATION OR NONRENEWAL.: ,'.... ,... .. ....:..>:;:.;>/..:.:~',. . . ..e..:.:::, 2 .::: ..;' JNSURANCE cOMPANY . TIPE OF POUCY: Conimerc1al. .Propert y. .. .: :.. :.i ....UNDERWRITERS AT .LLOY!lS, . LONDON . ... .. . POLICY NUMBER: aCMO.! 702 .. ... ... POUCY DATES: 08/13/2003..-' ... O.li/13/j004 .. DATE OF MAJU~lG: :;'1/0512003:... .,.,. .. ..e.. r .. CANCELlATION! OR EXPIRATION W1llilEi:FFEC1'1VE: . . . . NAME AND AOORESS OFiNWREO '.THOMAS KINNEY SR. :& PAOLA KINNEY D/B/A KINNEY ASSOCIATES lOC W. ....AIN ST. REAR MECHANICSIlURG .PA.17055. 01/07/2004 12:0l-'iM ..>:....:>..: .... (DKTE) . pQHI $TANDAAO~ .':. ISSUEOTHROUGHAGENCYOROFACEAT:'..... : .' W.N~ TUSCANO AGENCY, !NC~ . GREENSBURG. PA 15601 " /. :.... :: :'.. ~. : ..... ,. . .""., .. .. .- . ~'. , .- . ~ :", .,- . . :.:.... ..-: . ..' :r' . , . -....../ .:'. : " .,' .:~ .-. . ....... ,.- .... .,- ~ . ." .... . . . . ....:' .;" .~. / :-~ .,.... ". .". ... . (SPEClAC.i!FORMAlJ6NC0N6ERNING..THE.' .. ,CANCEUAllOIH)R NONRENEWAL HAS BEEN .: G1VEN.TOTHEINSURED.) . ... . ..' . '. . /.... .. . . .. ... .... .'. '--:':;-. :" .' . :..- ... ....... .' '-: J.._ ,".:'. .. . e. ..',. , , . . .' ,'. ~.' I. .' . . ,,'- .... . ......" , .-' . J' -~ .-J" :" ~ _.' . ...-.... . :- .... _' . .... _"J' .' -' .... ..... J".' ":: .....J' .'. I" .. .' .-.... - .- . .~ .' ."-. - ..' ,....J'. . . .? J ". ~ . TOUE..N.HO....e.R.............:.......:. .e: ... . .... ; .:,. ... LU ..... ~ ~'"'. . . "... _, ." . . . . .' e:O ~==l~~~~,~~:~~~~:.:.~~~~8~~~:f:f~~:f~:.::,I2;~ / '..... said.cancellatlon or nonrenewallo be effective on and after Ih& hour and date mellllioned abc!ve. ... .... '" - . . - .' .... . . -TOt.lORTGAG6;: .......:.. .:. .. , . :. . ':.-" .:.; : :. ~. .. : .: ~. .....~: . ~ . ." . - . . - . . .. "" .: .' .: ..-' ."' -..' : ,r.f1 . Eft'ec11v8 oirail(aftilf tile hour .and ~ate menUoned ebove, we hereby cancel or nonrenew the Mortliajjee Agreement WIlIch:1s : : l!J made part or the .sI>oVe menlioned poley, end also Ihe abOVe menlloned polley Issued 10 the Insured namedaboVo, covering .,.: on 1I1e l'fOIleIlYdeSl:dbedln Ih& pollcyln which you hIM> en Interest end made payable to you as mortgagee (or trustee) In !he event or loss. . .. .' . :::.~.: ;~- ..., .... . ~ff "... 'Z,.--r-- ......:: ..... - / ..4"-.e'~ .... ii . '., Alrthorlzed Repr.....talive . . .-.' ~ .. ... . .... . ,-..... ... .IN~.EGRI~ .JlANl< . . 3345 MAl\KE'l' ST.. ..... TAl-IP HILL PA..170il ., .H. ,. ~.:.; . c .' -.'. ....-.-..... '. .-. .. ...._.. ,.J'._:' .. ...... ...-' :' LOSS PAYEi '. .." _ " ..' _,:'" .,.' ~_ .. ._...- ..~:> ". J' . ....~~.:C::~::.:..:;;_'-'..:_,~~:....,..-t":::.;_/ '.::.:::::' .,' . -'. :,.. T00073 pxh 11/! J( @ o o o ~ j , j ! ~ ~ =r c;: ;::;: ^ ;; ex: - :ll 'E ~ - EXHJlUT ("J~/;Jl-Ir . .~ . .' :~ " . ,'. J'" ,,,,. .z~..-:....,. .: ,/" ';. ~,....~~.:.~:~;. .:. . .' i ~~ f"' :','; .- ... ..:- :z " " -, ",. ; ;" , .-- . . ,: " <,' . .. ..' . .' .."- " . ' -,' ;.,,: .,. ,.. " .... . . .'- . .:'" . .... .,' ; ..' . . ' .' hO . .,' , .. , ....... . -;- .... ..." - ,'. ,. .: .,- ..:'., ,. ,..... ,.,. .' .... . :"'- ........." .."...... -", . ..' , .. " . :' ...- . " ,,' :,,- "... .... :,-, ,'. " ." :". :.... ",- ,.. . .' '.~:: :'/ ~.~.<...! " ; ,. .... ,,- : -,' ...... '/'..- ,~&: :' :::.... . .... .- .' .... ,f"':'" . ..... .' .......-... " ::. .- .: :' ~" ",' ,. , -:-" ,. ,. . .,' ......- .'- -:: ..... ...... :" ..' . . .: " .'..' ...... . ". ':-.::" ,".' " . ".... .... : ... ..-' d'" .... . .-: . ':' . , ' ..:" .,,- " f:',: :. - ..' '. ... ,'.:,' :,;'- :: . . ,'.... :'::::.::'" ,'.- " .:- ., . "-.' .."- ..' ..... .., . .. .... .' " ~- - ," ...- .... ." .','. .- .... .... - . .' ... ... .... .. ....,. / .. .'.;' .'. .":,-,, .' ....:. :..-' ..- , . .:' ..':",". .' .,.... ....;. ':.: . '.' .....:' ~.' .' . .,' f!~i.;j;.;f~( · o'.' ......... ,. : .: . ,. .';' .' " ....-"......;" . .:'" ,..' ..... .. ,.' . Re': ,TSoM1\S. KINNEY .SR.. XINNEY ASSOCIATES 51'68837 Reply to: cindy Jonas Reply by: .' ..... ;':.:. . ..., '.' ,#.' r.,.PAOLA cKINNEyrJ/B/A F>2i/ol/allr6~.'! ;>:~..: ::.. .: .."" ...... ....... :.:;.::, . .:..... :.....: :.' ... .;: ..The Hutter ..AgenCY 41 W Main street .) P.o. 'BOx :'.2424 .:. ,MechanicS))Urg ;'.:.... . , ..'- .",' . . . :PA: 17055 .' '. .... , . ,. ,,", .., ... ,; ." .- . ," ...... .' ,'-- )::,,:,,:: PROPEilTY :Qtr&rE .t:ROM. SENECA .:INS. CO. ATTACHED, flAVE ANY QUESTIONS OR WISH TO BIND. YOUR COMMISSION IS lOt. SENECA IS ADMITTED IN 1'A WITH A. BEST MTING OF A-VII, FEES. ,.. PLEASE cALL <IF ..YOU ., ." ...'..... ,.....--. .....,.,... . ,'f;......;.:.. . NO TAXES OR ;.:.......<>. :'.' : '" .::.. .'.'" :' : (: t(t::;}(~;.~/,,~];:.:~:.:' ~~'..: ::.,....::-... .'.. . : ........ -_.,~~ .:,.;:.:~:../--.,,':'.::..;;.;:' ,,~ 100080 L.. . ~ ..' . .' , "'," ~ .. ~. >', I I .?. . ~,,: . .~;..; ," 1 ,_.. / ;,', . ...... .~. ," ...... .-. I ....., .:. j :..:.. I ...-. ..../ / . . -:, .1 . I ;101 ----.-. . -'--'1 04l26/20U O~: 24 -PAX. 141001 ..,.....::.:.. S~,IN~d3..COMP.ANY . . 19.O'f.fl\'...bficW Drille Mt.l.lIltRl, NJ 0lle54 ~~6) 213-1&44 Fl>XiH8S6) 213.7S14 . .~. 4 , T~:..".:.CI.JldylOllas ,. .. :.. :TUSe;mD IDJ1InlDte . .. Date: January 7,2004.. ::.:.. .:' .... ." .. Jlniil11 JoIm MorTI. .. :.' .. '. .SDbi~ ProJi.';QIIOlatlU ('!'his Inot;;. binder). :. Iuured: Kinney Aund.v.s . . ... , l'otictFOIIIlICoveragc: SpecioIIBulldil>gs & Bl . . .,:' .:Limlt~;. $2.247.580 per ocl1eduIed loctatlon . .' ~ "csUiJ:.timitS): nla . : ; !i;.;..tions: Variou<, Lem~ and Mecbanic.bwli PA :. : Pcob: All Rislc ex 1100<1 & ~ ."Ya1~on: ACV .... ",' " .... :... . . '.. .. . ",. . .. -, ,',. "', .....:... . .~inBuranllC: 100% .: :: i:led"'~tibl.i';:SS:ooo per l>CCll1Tmce, per 1';'.tiOll ,.,:. . .. " " ,,",' ! ,,- .. .. . ..1)mDillin:A)$IS,2A6Anml&J-ln<:1udcsMandaloJyFIteFonoviin&Tmorl;m~".. - . OR ... .," " ..... .- ..: ,- .. .:.: .. ~>:. : B} $15,733 Annual-Jnclude$ FuJI Certified Terrorism COVetllge.. .~ .. ':: t~~..:.;erTori5lll ~overagc: See additional paees ,: ..... :.M.itiinnun Earned at In<:q>tIon: 25% . :. . CollnIlissi()11: 17,5% .:..APPlieable Clauses: Pollution 8< Mold Exdusion. ... ....' .. Ad.titlOnar Conditions:Wammtpd~witbphoto.s . .,- . ..: . ' .' .,-. ..~" ".: ",." . '.'-.' .:.... .' . ; -. " . .. .' . , .. ...... . .," .... '. ....: ;i1ib'quobmOI;-jS based on \he int'ormallon )'Ouprovlded. Quote is valid for 30 days. . . . . '.' .. .:.. .:" :-.,-,' . . .- ..' -..:- . .. -" ~ .. r - .-.- . ...~~. . ~/~'..6:~(/.{~.~i~.).::...~;. ''';': . .. .. :.. ..../ ': .:-::- .' .. "'."," .... .' .. ; ........ ,';.' ,".." :',:::. '.:::.:.!.:.....: ,-";,':2:..;~:'..~.~.'<~_;..,::_::..:::::,~:" L. T0008! I' , ~.- , ......; . :-.. ..... ... ..: :1. . .." . ... .. ~.' .. I . ~. " :" 'j ;.,.' i ...;"..1' ... . ....... .;:.:-,1 -- :. ". ::..:.... ~ .... . .," .,~ .. - ~:: ::.;.: ~ ", .:' . r. f .. , ; .... .- O'l%e/ZOl~ 'OS"~4.:rri'::: ... . :.. ..:~.;' ..:'".. ~^ , ~-- ::." .: : ~O~2 :n. ~ .' . ..-...... '. . . . SENECA INSURANCE COMPANY, INC, . QUOTATION AND OFFER OF . .., . .. TERRORISM ... ...', INSURANCE COVERAGE; <.f:: .. '. DISCLOSURE OF TERRORISM PREMIUM : ..-.;- . : :.:: '(thi.:constitutes Part II of Seneca's quote to the Insured. .' :..: ..: :.. . .,:.'seUOrlh below and Is rlifelTedto herein lIS the Terrorism Offer and .. c.. . ,.. ,Disclosure Document ("TODD"); the TODD Is not a valid offer and mOlY .. .. . . c. .. ... .. .not be accepted unl~s the Incured alao accepts all the terms , ..... ... and condlUQns of Part I Of SanilCa's quota) :. : . . . ~ .: ........:":>... ,. ." .....,...- Date; 1ftio4 . ...: .- .... ...:" . ..' .- ,'. ...... .. . N~d l~lire~: ~~~ ~Ciates Addreu: ..' /. Various . .. City, State, Zip, ..Mecluinicsbul'9 and Lemoyn.i PA ..- " '.'. Producer Name: iu~canti In$t1rii~ ....: . . :. ..' .' '". _ ~.- . J .'" On NoverrlbCr 26;'iOOz,1he President of the United sta't.s .(gned l..io laW the TfUTortsm.RI"lcinli~rica.i\a1 of 2002 ("TRIA"). As a result, thel/l$ured refOrTed to above hu a right to purchaSe Insurance covel'lUlo.for Certified Mt$ of Terrorism as provided ~low. . . Thelnsur"ei!.jS:itc,;;by.notified that under the Terror1l;m Rbk ItIsurance Act of :10()2, tlffeCllve Noverr:l1M 21';.: 2002,:...: that the ulsure<l nQW has a right. to purChase inwrance COYeI'llQ8 fer Ioss..s arising out of acl$ of .'etTotlsn\, as . defirntd Itr SeCtion 1.02(1) of the Act The term "act of terrorism" means any ael that Is cenmed by the SeCf$Wty at tho Tre83Uf)', ki toIlCwrence with the SeCl8lBl)' at Stste. and /hg Attorney G",'eral of /he United state-'T-fo ". an act af twrorlsm; .to ba a YIoIant act or an octlhat 1& dangerwa \0 human 1l1e, property; or Infrastructure; to have resulted In d~ wIlhIn the united Slates. or ouIilde the Unll8d Stat8$ in III.. case Of an air carTier or V.Me! or the preml$eS of a Unil8lf Slates mls~1on; and lo have been CommI1Ied by an In<lMdual Dr individuals 8ClIng on . behalf of anY~giT pemm or foreign IntBre~t, ... part I)f PIl 8fft>rt to coeroe the clvilian p<>pulalloo of the United SIat8$ ~ to Infillince the PI)Ilcy or afflict tha conduel of the Unhed SlatC$ GovEllTlment by coerQQll. The fOl$Qolng j1IU hereInafter CllI~ "CIln/fied Act$ of Terrorism", . "-- . .'. cbVERAGE. p~PVlliED' .By THIS POLICY FOR LOSSES CAUSED aY CER'nFIED ACTS OF TEAAORISM is PARTIAllY REIMBURSED BY THE UNITED STATE$ UNDER A FORMULA ESTABlISHED BY FEDERAl LAW, UNDER THIS.FORMUlA, THE UNITED STATES PAYS 90% OF COVERED TERRORISM LOSSES EXCEEDING .. SENECA INSURANCE COMPANY, "NC. .. . . ...... .-' 17"19(; (01103) . ... .. . . page.oj 012 '. . .~ " .' '. . .- '~..2-=:-~~":'.:'..:~~~-::i;~;.;_~.:> ../".:..... :;i:--~..:~~.::'.;.;;:..:... . ~"'_~'~~_'C_~:'~_ ....,:..,....-. .__.'.-c.L....:..:: T00082 r ,j ., ./j..:<. .,.. -, I ,'.T': -. ' ::: ~: . :........ , .. ! ".. i ..-:,:: ::' ,- ..... '-." .:i i . ; ....::~~. " . ....... .t~<.... >:< ~ .. I .. .....-. ,...... .' ...... ," .. : .... ,: :, ~ . .. /; 04/%6/20l3 05:25 FAX 121003 '.-..f. -", ..' .,.,..,'.. ", ..r.,. .' . QUOTATION AND OFFER OF TERRORISM INSURANCE COVERAGE;; DISCLOSURE OF TERRORISM PREMIUM ......- ,. ...... .... ..'.',". .. ,. Named 1~i>i..d:I<1nTiey AssOdalas ...... .. THE STATUTORILY ESTABUSHS) DEoUCi1ele PAlD BY THE INSURANCE COMPANY PROVI6;NG JHef.... ..: COVERAGE:,THe PREMIUM CHARGS) FOR TIiIS COVERAGE IS PFIOVIDED HEREIN AND DOES.NOT . 'INCLUDE ANY CHARGES FOR THE PORTION OF lOSS COVERED BY THE FEDERAL GOVERNMENT .. UNDER THE H:;T. W$ are hefOOyait6tfng Insurance ooverege fel( 'Cerlir18<l Ml$ of T"rroriam". This COV8l'8Q6 Is. pillt of and not or.; .. addltlon to tho Polley Umll olherWfGO available under the policy being quoled. Coverag& for 'Cllrtifled Acts of . T errorl$m' applies 10 loss or damaga of 111& type covered Und$C the policy IllS\.1tlng dlreclly or lndi'eclly from "CertlIIed Acts of Terrorism". There 1$ no cover&ge for any loss or clemega _ultinO from lemlrist BCIa !halare not "CartlIled A<:Is of Terrorlflm". If the Insured fs being offered property t;O\IeIU\j&" then In Ills 8_ $8\ forth below, a decision 10 rejacl CDV&raQO for "Cded Acts of Tenorlam" slDl continues lI1JIn~a1ory 1/", covsllIge for fire 10$$8S I'e$Ulting from 8I'I1lCI of letrorlsm. However, thIs &xCeptlon 'or Ur. applies only 10 dQct IOu Of damagalo covtlt&d . :propalty. Thet&fore, if 1h& Irn;ured rejOels the offer of c:io';efJlga for:CertJfJe<l AoIs of Teirortem-, th81 reJectlOfl - :rtQ18pp1y 10 dIreCt 10<18 or demeiP from lira lo$$ll4 resulUng from M ael of tem:lr1sm -the mendatory coverage In the Ilra portlol\ of the policy for auc;h In> losses WlII conlloua. This applies in the fOlloWing stales: ArIzona, california, Connoolk:ut, Georgia, HaweD, Idello. lHinols. 10WIl. MaIne, Ma"""ch'~"",. MIssocir1. New Jersey. '. New York, NO<I!l C<<oltne,. Nor1h Dakota, 0"'1100, Pennsylvania, Rhode I$lancl. Vl'g/nia, Washington, Wfsconsiri .. ana West VIrginia. .". ..- . ..... Uod&r tRIA;.Jli!ilh.er'>ie:nor tne Federal govet11lTlGl\l wUl be !'O&pOI\$lbI" for Ih& paymenlof any lnsiirild ~ under TRIA whlel1 !3Te In. cxc:ess of $100 bUlton for any y&ar or llOfllon lIIereolln wt>ich TRIA is in ellecl. : : Ifllle lnSured'~..';'.any1>f the.$Ia1es set forth above and ~ """,,",gs for CertIfi&<l Acts cifTerroHSm. :ttl~ Insurod wm n......ertheless l>ave mandatory coverags for direct ~ 0( darnag<l to covBred. property from Ilr& as s rO$Ult of an iIcl 01 le/TOtIsm even though the Insured OM elacled not to purchase coverage for Certllled Acts 01 Teironsm. "~ever, the Insured will .be required 10 pay a premIum fOl'thls coveRge, as foUowa: A, Mandaicir}r -coviiiag& tor Dlrecll.olls or Damage from FIre. to Covered F'roperty . $637. .. .f the Ins~.~s~.w purohaslf IvII covet$ge for CertIfied Acls of Terrorism, the In$ure<l wiu be ~tilied to ., . ..: pay s pnlmlum 10r lhIs coverage, ~ follows: . . . . , . ." B. FUIICoV~'rOt.CertifiedAc:tsofTerrorlsmrorEacOCove",g&PartProvlded .... ...... .. ...:. .. UndertheP.ollcy(Optlonal) $1,124.. ..:. :.... ..' . .fo.iotice to.S~<<a l'f8(iuce{J: The Treasury Dejjartinent Interim Guidanc'c dated December 3.; '.. ': ~ ... . ..' -z<j()2, ptOvidea that "in manysilllatlollS, comm~a1 property and eaBlWty insurance is procured ,.:. .. . forpolicyhalden through an iD=imce broker or other in1Qmediazy.. .if~ normal foan of .... . =1lIIioatlon between aD imuret and 1he policyholder is thnlugh an insuran~ broker".an ,--.. jnsurCl' lIlayprovlde the AJ;t's req!lired disclo$ures through sUch agenls. We are using this method .. .of cOlUlll\Jl1ication because of our ins1lr1:d5' rcHance on their produeen. acting as agent fot $OW insureds lII1d in .order to best ptC$erve the rdalioU$hip between the insured" 8lld thcic agents. .. Kindly forWard il copy of tbis notice to )'0111" insured. . .. ~ , ., .' " . ~. ," :.. ... . :"'-" .... .... . . . . .:' :17~1iio:(oii~)' .'.. . .fagli2oi2. ... ,.- ., " " ....- _.r' . .....--; .:.-.'..-..:.:..... . .. . - .~ :-".:;:: -'.-' T00083 ,...,.......... " ::.... ~ 6' ::l' 1"'" r~ @ % ~ ~ ~ \1 ~ , % ^ , ..) ~ .a .t ~ug 14, 16:22 ern by: Janie .Youhg SPbUl1 J""'1'Il (R4v. 6/111 i (Ild. rllnll MUST be iIldDdW ~i!h F1lnIl1609-Sl.L) (16.25) Pg.5 0:1 5 :' . m New CustolllCtJD' PoUC)'NIIl1lbct Bh<kt~ sP~8e37-P3 .. .".. _. ..~.., .0 . '.,' J . : '~ooJir;'rrn~'"84~wmrl;';,~'itrb~'"~Ri'1\nf AcroROA.\IC[ ,,"V'Im:.cnnN IttbtoP' JUlncu.x\'t stJRPU18 rNE1 . OPT1IU~"S\:Rfl:<<:l.('OMI'A\YL...W .ryrr()fl'~\, 111911 ".Ld2.lKl 11.( .\.\.\..\(tNDFn f"" tnlNOllWEACI1J 01' l'aoosYLVANlA INSUIWlCE DEPAltTMEIIT o .' ~-' - 0 Jlnorite 1490 p" ..,.., 0, ....j;.: ~~~; : ........ .~ .'- ,". :"......:. ," '.: ~~ ....: . ~: ~ -.:::. ...... ....... : :: ~ f..; ... ... .DECLARAnONBYPRODUONGlIROKElt: . .. " '1Ulllllis I\IiINBY &1', .PAOLA ICINIlJ;Y , '1HOHAS I.sun:d Nome lCIIIIIIlY DBA lCINlIEr SOCIJlns 100 w. KAlil &'1, NWI : lllSOll<dAddn:ss II!'CIIAIlICSIRlJl.G, PA .17055 ... .'."'..... ,- ....:..... .:. .. .LocalioDofRi$lc 320-328.M.UXE'r 1l'1'. LEHOYNE PA 1700 .-; ,/..:, 06.,a,;if';""'thirii.le.~clrri.i[("YaiIousPA"i::.,. .'>.;':~.'.':::";':':';-:,:.::,.. :>.);:....::'....,':...!'..:. j;.;,t4{i:~iii~: ;:':?.:~~f;':..~':' O;.;:..;!.:~l!".;.:.f.:~....;,....;: .- '/;;j:t.:r-?y;:..,;',~::,'r',"":r:::;'" :../:-r/;:'....:'::~"':r.;-....~.: . .: ..... J~' .'. ,". Kind or",.,...... CCIlIIIl8rcu.l 1'r Class oW lions BUILDIKGS- 0 . ~: j.~:;/: ;....' :':~':,:...: ... .. . ..-' !"" AlJIllD1ltor1nsur.mcc j> ... $ /:. . .972,000 IlrTccti\'cl>alC$ . ' . ,._ Icr11l or . FROl'of'. oa/13/2003 -: :' . .. . "'OM: 1IV ((\JlalJlISllred Value) fur Property ''<live mI orPoJi<:y AcgRpIe roc CasoaIly I dCduc ......IIle~,...w:,., h f'C'iUfY, lbIll...... . dilipct....1Ift JWftCDtC 1M ~........bcriW thoN I'MJIiccnIod ~_i:II . ,,",1WIburi.ud...~ 1M ~ .r~ioWll~_ MaJll"O"i4:l. .Ihe.... 4.WrII ol~ CO\....'~ ...Ibc'~ klna:~'" ...' ..t.w laocn umbJc 10 J'I'OCUfC: ....w ~ ~ 1M 1tca.04 iDsartn.1kdiajq.1o ~ 1bis riIk <<4oc:IiD& 1I.1rDQl,W J~ 011 thlf ri&k, IN'" ~ ...~..,.:..... . , ~..~.': /.: ...-:.. " ...... ..' .' .:., ':'~,;.f;. .;;'.~: '(;~ .' ..... .' .'...... '?;/";; . '. .' ..' ~. : /.' .. , . ... .... . .. ....... .' NAlCII -. ". ~ .:~., J .: NAMESOFUCENSEDCoMPAN!ES . .': ~..;<~ . ,':.:~.::~. " . . . ..:':~'..;DCdydKdc~iClI~dlQd;;'j.oantbe~~~~~~,,,,~~__,~""'tM~of~ .~.J .~.,~. .;"~'~;~':'.~.... ...-....:../:::.!;-:...-:~1ok~ftim~i..-cn~IIlIliqIcftW*t.,.~...~......jp;I~.:..../ .'.....:.:. ..... t'. .~.~...'< ...~';;;..'..~:i';;:.: . ;;:~~=,j ;:?-:.f">;:/!;:r,,~:.:'~'.:r.~"'':''~.:'7)-:';*"~:''.:::;;:7;:r.... .I';'~:.::."'/.~:~,;~.::-..,~~ :~:;'~.-::;;..;:'r;...'''':!''':~;,:~;,,:,,-;:;,,::;:,:":,:;:_':'' ':" :".: ::.:..,...... :;. ~~....::-/': !.:p;;~,{';'/.:{P:J.,"'d:" . . -1~~~'e~.~~~~~~.wai~'~~'~~;'~iD.'~'lta&~~""'"~,,,~~~. ....... ..' dima)".,awa.p"~1wN:.. hi; '. . . ~ . f~.. ,,) '.':; "~w",idntll,_ab&iN__.'.bc~iud~\o~""...iadli.~and..Irj.l;t..IimiIc4~1J')'. :.'~:.:J :.:;.~:~':":~:':::.:':~_filldM:~_1Ilc~K1cf""'Jlla..."""'_bcp:U4~''''''~PRp.Iyai''OAAIL''~~~ . :.": :.....:. ;...... -. ". .... .. , . - ". . .. . ;~~::~.~I.;; /j~ii;~uii.\l; ifi..hi....ur und.t"iiW lie lIln~..;;;.."'t...p..y ~,,'('" l' .5.199WII .i .....).... fide 31 Po. Code, o.~."; )j/. i ~.:~.'/.( .:."..".- :.124.~..I>oe.orwfll.. p"'''l\'ldo.';'~.~.it-''',.,.".--.. . ..::..: .....~ t.;::.;:, :. .' PnNIuda&: .~';~':.';'~~ .-~:V ~':.~~..:. t .,: ::..... ....""'~...: .~ -:irlJtt~~r Acr~n~~'~ne~ . '". ....~ ':.t.' . ._rName doeDnl;<< .... .D.....r~..,. .(I)'po.,I'rl"'''_.f1'rotl.d~lIrobr &~UJ!~~!~.r . . .. 1S".~:'i.~C~~::;~i;~:~) .~NE:r-szOT~'C:~. ,<:;:...:>-:.!:~.. ....1 .1 r,",udac)lrohr RlQu........,.::.J; .,.'.... lU1aAi:""7 ... oal .... .;..,:.~.. :..:...:.:. I].;) ~7t '::~.~6:i;". . .~~:> ~r8 0< ..IJ"""... 11:. ::' :-cu.. Jodldol..1 N...b" 5101 Aca.CY "....lIar ; ,. . ~ .. . . ' ,~'..:SiptncA.hcw~J" ,:::'~:',~',;:~',/:::',:::',"'. . .,#' .... '.'" . .. . .,.. ':.<:' . ;tinsl~inrn};V'llntPJtQDuCtD." .. .: . : ". . . .... . ...:...-....1. ..'[". . .....: . .' :.. '.':~;:~ ........;.. '. ..... . .':'> ~.. '~..~;/' f!'/ '., ~ ,. EXHIBIT ......, .' ~ ....- . .'- .., ...;'" ....... ./ ..:;' '. -': .....r. .... . ..~!:~.LL;-::k:b/;Jk.//~~k:;=j)jfiiXf,'i:5i;;Jr~:d;;;j:/;,::>:,: -.., '~..,. ..... ....... .... 0(. (./,;;;) ."".,.... "/ . ".:,/;~;&!!;~i~::;:;~;:D;iL[;f;:.j-::;.;...:;,,;(.:...;: ...... .' ../:./~,;.~ ;- . .:.... 101 PIIOOUCfNGi tllOrEl :;; T00125 .T_nn?QA 0hl&f /lJ i =l ~ ---- == l:: S ~ . Png,e J of 1 Mary Bea Villhman From: TCl: Sent:. SubJec:t: <jonleOlllscano.coin> <MBVObutterlneunonc:e.c;om> . TUesday. September 02. 2003 10:16 NIl -rnOMAS KINNEY ST. PAOlA.I<INREY 4lHOMAS '11) 103 To: Date: OW02/201J3 Ilutter Age.il:y.Inc. 41 W MtiinSI)'eC1 P.O. Box. 2424 Mecbanjc..hurg PA 17055 .Re:.'fHOMAS KINNEY ST. PAOT...\ KINNEY & THOMAS . Reply to: Jllnic Young KiNNEY DBA KINNEY ASSOCIATES. . Reply by: 0910512003 ' . 51>68837 . J~~~ 'f()J~br THE COMPANYNHRDS THE FOLl.OWlNOTNFORMATION B1WORI( ISSUING A BINDER. I. SNnS.l'Al:TORY CQNDITlON OJ' ~Ull.'DJNO 2. OOOD HOT.JSF.T<F.RPfNG . 3. NEIGHBORHOOD SA11SJlAcToRV. .. PLEASE FORWARD THis lNI'ORMALlON ASAP. 1Vtl, .. f\lIJ\tNTi\, N( u\. I ~ IJfl/~H(3.0R. HOO6, I-ll (f THANK YOU Janie Y Qurig W.N. l'us<:a11o Agency, Inc. 7Z4,83(j.l S 1 tlPllONli . 724-1I311-1433FAX ../j0fV\ III "Bad f59181 &O:~,cles f085096l.LIL 09/0212003 !'ONI 'AON30\[ ~3.unH :A8 lues TOOl27 T_nn"AA ""TI(WN/OClIY'f) 14/20Q3 THIS BINDER IS .A TEMPORARY INSURANCE CONTRACT, SiJBJECT TO THE CONOmONS SHOWN ON THE REVERSE SIDE OF THIS FORM. .. ... . .. . ... .. . . , PAODOCER COMPANY W.N. Tuscano Agency Inc. NDERWRITERS ~ LLOYD8, 1'.0, Box 1027 Greensburg, FA 15601 .j <--~....." ,..:; ~-~~- -;-', -~'-,' ,--. --. -.--. ..._----~~,_._._, . ! .,d"l"~ "~J'i".: ~ll \. ",.'" ... I ~,;.,. ~~--:;,ji<l' f':.;~'h. ""A~~&) ~,1lC-')~.-;~~ ' . - < K~,<...1:{t~'~'~:1>},f,~~~:.7~,:-"c~~,c' -, -(~.~<,1-, c.-. 08/13/2003 12:01 ... .... 09/1U2003 HClOio 81'6883'7. .. . .ms BlNQEI\ as lSSue1>TO EX'rfND COVER.4GE -'. THe ~ ~ COMPAHY PER DCPtRING POUCY NO: CODE SlJ&.COOE /HSUflfD THOMAS KINNEY ST, P,AOLA KINNEY & THOMAS KINNEY DBA KINNEY ASSOCIATES 100 W. MAIN ST. REAR MECHANICSBUR!> FA 17055 I_- BUILDING LOCATED AT 320-328 MARRET ST. LEMOYNE, l'A. . EXHIBIT TYrE OF 1HSUIJANce. -.........cwsesOl'LOSS BUILDING-RC ...., D-OO....c. BUS INC + EXTRA EXP -- $922,000 $ 50,.090 LWl . COWMlACW. GDEAAL. UA8lUTY a.-s MADE Dace ~'S &. COtIfAAGTOR'S PROT. GEHEIW. AGGREQATE , PAOOtICfB - COWlOP AGe. 1 PERSOtW.IN:N:INJUAY. I EACH~' . FIRE ~ CAntCM". I MED.E7I'ENSE 1oYtt-,... I COMBmED BIHGlE l.MT . BODtLY IN.RJfIY''''' J*SOnI. . 'rh. 1.t)Z.uxe.r Wh~~b haa. ":laauec1 8OCMt..YIHJURY""'~ · th1.a l.n.u.rance J.. not 1:lcenee PAOPfRIYDMIAGE . b:y t;.b. Penn.yJ.v.n:la :tnuu..r:anc. MEDICAL PAVNrHfS & Dept, end J.e eub3ect to 1hUted . ~~g""~.Cj.oQ.. ':rb1.. .1n"uI:ClDeO i.. P~INJURYPROT. NO'1' cover-.4 by t:he Pann.31'1V~a.i.~ UNlNSUR&DMOTOAlST J".roperty and Caaua1ty :tnsurancc REtAO -DATE FOA CLAws MADE: ON081LE LIABILITY NiYAUTO .-.u oYmtD M1JOS SCHEOl.JUO AUTOS KlflEOlWTOS NQN.OWNED AUTOS GARAGe l..w>>U1Y. AUTO PHYSICAl. D.u&4Gt DEDUCTIBLE COUISIOI< OTHER: THAN Cot.: UCESS UAB,UfY UMIIAELU FOAI.I. 011iEl'"THAN UM8REUA F~M r",~ ~ency, ::tlle:.., Jli9)J~and Ave., Gre.DabU.1"9~ PA 15601. . AU. \'EItICWl AC1UAI. CASH.ALlIE STAfED AMOtIMT "'!ti!R IEAQt OCCUFlrlElleE REmO OATE FOR c:LAIMS MADe _1'1 ~IlETEHTIOH ITAlU10RY UMtTa- lACH_ _-.:vlNT _...... ...1'U>'tU WORKER" cOunHsA11ON AHa EUPLOYU', UAINUTY sna.u. COHOITtoNSJOTHtR COVERAGES 2500 72HR 80' 90' I I . . I I I . I. I DWM PROPERTIES, 320-328 MARKET ST. LEMOYNE, PA, 17043 T00121 T.hn.d.4":l . CONDITIONS This company binds the kind of insurance stipulated on the reverse $ide; The insurance is. subjec~ to t~rms, conditions and limitations of the policy(ies): in current use by the Company. This binder may be cancelled bY the Insured by sUl:render of this binder or by wl:itten notice to the .Company statin~ .when cancellation will be effective. This binder may be cancelled by the Company by notice to the. Insured in accol~dance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the bindel: according to the Rules .and Rates in usehy the company. .I.COR.O "1SS12l881 T00122 T -00444 CERTIFICATE OF SERVIC]~ !, James P Carfagno, Esquire, hereby certify that a true and correct copy of Defendant Certain Underwriters at Lloyds, London's Motion for Leave of Court to propound additional request for admissions was served on October 14, 2005, upon counsel listed below by United States Mail, postage prepaid. Edward J, Murphy, Esquire Conrad, O'Brien, Gellman & Rolm, P.C. ISIS Market Street, 16th Floor Philadelphia, PA 19102 Charles E. Haddick, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Charles Young, Esquire McNees Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 Timothy McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, Pennsylvania 17112 NELSON LEVIN.E-L\!e LUCA & HORST, LLC /....- ) .,./ / .//~ ./ / . ~~~ JAMESP'CARF AGNO, ESQUIRE ATTORNEYS FOR DEFENDANT LLOYDS Dated: October 14. 2005 I