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HomeMy WebLinkAbout05-4263MYRA BARNHART and, GREGORY BARNHART, Plaintiffs vs. STATE FARM MUTUAL AUTOMOBILE: INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2005 - vats JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County, One Courthouse Square, Cazlisle, PA 17013. Date: August 17, 2005 `~ arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717)241-6070 WRIT OF SUMMONS To The Above Named Defendant: State Farm Mutual Automobile Insurance Company 555 Southpointe Boulevard, Suite 400 Canonsburg, PA 15317 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prot onot Date: ~~(,(('~ j By: Deputy e~ ~- .~ ~-, ~, ' ~„ ~ ~ r~ - ~ o,-' .i.l S t"- ~ ~~ ~> ~ m .a ~~ ~, ~ >,°, !. ;r r~.: t;^? ~~ W ,~ (j'< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARNHART MYRA ET AL VS STATE FARM MUTUAL AUTOMOBILE I R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: TE FARM MUTUAL AUTOMOBILE but was unable to locate Them INSURANCE COMPANY in his bailiwick. He therefore deputized the sheriff of WASHINGTON serve the within WRIT OF SUMMONS County, Pennsylvania, to On September 21st 2005 this office was in receipt of the attached return from WASHINGTON Sheriff's Costs: So answ2L Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Washington Co 31.79 Sheriff of Cumberland County Postage .74 69.53 09/21/2005 ROMINGER BAYLEY WAHRE Sworn and subscribed to before me this ~ day of 'U A.D. , >" _._-- "hon tary In The Court of Common Pleas of Cumberland County, Pennsylvania Myra Barnhart et al VS. State Fartn Mutual Automobile Insurance Company No. 05-4263 civil Now, August 25, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Washington County to execute this Writ, this deputation being made at the request and risk of the Plaintiff~~' Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20, at o'clock M. served the ~ ~ J- ~~_ s ~~, a. N ~,_, 6 t'' _n r, John C. Rheel Sheriff T. William Bryker Chief Deputy Court Docket #: OS-4263 CIVIL Washington County, Pennsylvania Office of the Sheriff Courthouse Square Suite 101 100 West Beau Street Washington, Pa 15601 724-228-6840 Fax 724-223-4719 Sheriff File Number - 05003807 County of WASHINGTON, Commonwealth of PENNSYLVANIA MYRA BARNHART vs. Affidavit of Service WRIT OF SUMMONS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY I hereby CERTIFY and RETURN that on 9/6/2005 at 2:SOPM at 555 SOUTHPOINTE BOULEVARD, SUITE 400 CANONSBURG, PA 15317 the within WRIT OF SUMMONS, was served on STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, the defendant named therein, in the following manner: CORPORATION By delivering to and leaving with LINDA NORMANDY the SECRETARY a true copy thereof. SERVICE ATTEMPTS This is the first attempt at service Deputy Notes: Fees Received from Attorney: MILEAGE (56.29), POSTAGE (51.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges 531.79 Attorney Name: CUMBERLAND COUNTY SHERIFF, ONE COURTHOUSE SQUARE ,CARLISLE, PA 17013 Affirmed & Subscribed to before Me September 13, 2005 I . ~ t ~,~ ~~~~ ~~~ Notary Pu tc My commission expires: CHAD BEATTIE, Deputy Sheriff ~~~ of Washington County retn~~t~~... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MYRA BARNHART, Plaintiff v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; GREGORY BARNHART; AIG SPECIALTY AUTO INSURANCE ;and NANETTE MYERS, Defendants 2005-4263 Civil Action -Law Jury Trial Demanded ACTION FOR DECLARATORY JUDGMENT PRAECIPE FOR RULE TO FILE A COMPLAINT TO: Curtis Long, Prothonotary, Court of Common Pleas -Civil, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, REINAKER & SPINELLO DATE: ~ ~ I Z- _ BY: George H. Ea ,Esquire Attorney for Pendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 AND NOW, this/~U~day of Q~~~~.w , 2005, a Rule has been entered upon the Plaintiff as above directed. ~- P ono ary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: ~ ~ I L OS BY George H. Eage squire Attorney for endant I.D. No. 277 0 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r~ C~: ~._~:> ~~ V~ 'Pi r, ~-~ ri?~ __ _=„ `,; ~rh 4,~ _-. 'i] -'_ L~ -`: MYRA BARNI3ART and, : IN THE COURT OF COMMON PLEAS OF GREGORY BARNHART, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :CIVIL ACTION -LAW 2005 - 4263 STATE FARM MUTUAL AUTOMOBILE: INSURANCE COMPANY, Defendant :JURY TRIAL DEMANDED MOTION FOR PROTECTIVE ORDER AND NOW, come the Plaintiffs, Myra and Gregory Barnhart, by and through their attorneys, ROMINGER, BAYLEY & WHARF, and file this Motion for Protective Order and in support thereof aver as follows: On or about August 17, 2005, Plaintiffs filed a Writ of Summons in the above- captioned matter. 2. On or about October 12, 2005, Defendant filed a Praecipe for Rule to File Complaint and, subsequently, on October 14, 2005, said Rule was entered upon Plaintiffs. 3. On or about August 17, 2005, Plaintiffs also filed a Complaint, at docket number 2005 - 04264, seeking a declaratory judgmenC against, amongst other parties, the instant Defendant. A copy of said Complaint is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 4. The purpose of the Writ of Summons in this matter was to preserve Plaintiffs' entire cause of action in light of the impending expiration of the statute of limitations. 5. The Complaint referenced in Paragraph 3, above, pertains to the narrow issue of whether Defendant State Farm is obligated to indemnify, defend, or otherwise perform pursuant to the existing and applicable UM/UIM terms of Plaintiff Gregory Bamhart's policy. 6. Depending upon the outcome of the Complaint referenced in Paragraph 3, above, the instant action may become moot; however, if the declaratory relief requested said Complaint is not granted, Plaintiffs will seek to protect their rights and interests via the civil action at law initiated via the writ of summons issued at this docket. 7. If compelled to file a Complaint at this time, Plaintiffs will suffer undue prejudice, unreasonable annoyance, burden, and expense by virtue of being placed in a position wherein they are forced to litigate two actions simultaneously, with the basis for the action at this docket unknown until the resolution of the matter docketed at number 2005 - 04264. 8. If this Honorable Court grants the Protective Order, Defendant will not suffer any significant demonstrable harm. 9. This Court postpone the requisite time to answer the rule, at least temporarily, pending the outcome of the above-referenced declaratory judgment action. 10. Defendant State Farm will not be prejudiced by the relief requested: at worst, Defendant would have to re-file; at best, resolution of the declaratory relief action may ultimately result in withdrawal or dismissal of the instant matter. 11. Denial of the request re]ief would prejudice Plaintiff. to wit, Plaintiff would be forced to litigate the same broad legal issues and questions in two separate legal vehicles. 12. Judicial economy would be promoted by litigating the core issue before the Court, as framed in the declaratory judgment action. WHEREFORE, Plaintiffs request that this Honorable Court: a. issue a Protective Order whereby Plaintiffs may refrain from filing a Complaint in the instant matter pending a decision on the above-referenced declaratory relief action; and b. in the short-term, stay the need for Plaintiff to file a Complaint pending a hearing on the this Motion for Protective Order. Respectfully submitted, Date: ~~ C ~ ~' 7 Z G ~~ ~ ~l _~_ ~~--- Karl E. Rominger, Esquire Supreme Court ID# 81924 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717)241-6878 Counsel for Plaintiffs MYRA BARNHART and, : IN THE COURT OF COMMON PLEAS OF GREGORY BARNHART, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :CIVIL ACTION -LAW 2005 - 4263 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Motion for Protective Order upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George H. Eager, Esquire EAGER, REINAKER, & SPINELLO 1347 Fruitville Pike Lancaster, Pa 17601 Dated: October 27, 2005 Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquue 155 South Hanover Street Carlisle, PA 17013 (717) Z41-6070 Supreme Court ID # 81924 Attorney for Plaintiffs EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYRA BARNHART, Plaintiff v. 2005 - (~"! Z~.(~ I"' Civil Action -Law Jury Trial Demanded STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; GREGORY BARNHART; AIG SPECIALTY AUTO INSURANCE; and NANETTE MYERS, Defendants ACTION FOR DECLARATORY NDGMENT 's St _wau~ COMPLAINT "''~:. AND NOW, this 17~' Day of August, 2005, comes the Plaintiff, Myra Bamhart, through her counsel, ROMINGER, BAYLEY & WHARF, and respectfully files the following Complaint seeking a Declazatory Judgment and, in support thereof, avers the following: Plaintiff is an adult individual who resides at 304 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant State Farm Mutual Automobile Insurance Company (hereinafrer "State Farm") is a duly licensed insurance carrier with a place of business at 555 Southpointe Boulevard, Suite 400, Canonsburg, Pennsylvania 25317. 3. Defendant State Farm has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 4. Defendant Gregory Barnhart is an adult individual who resides at 304 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. Defendant AIG Specialty Auto Insurance (hereinafter "'AIG") is a duly licensed insurance carrier with a place of business at 1550 Coraopolis Heights Road, Coraopolis, Pennsylvania 15108. 6. Defendant AIG has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. Defendant Nanette Myers is an adult individual who resides at 420 Newville Road, Newburg, Cumberland County, Pennsylvania 17240. 8. At all times relevant to this action, Defendant Gregory Barnhart was insured under an automobile insurance policy with Defendant State Fatm. Part and parcel of said policy was Underinsured/Uninsured Motorist (UMi UIM) coverage. A copy of said insurance policy is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 9. On or about November 3, 2001, Plaintiff was involved in an automobile related accident, when she was struck by a vehicle being operated by Defendant Nanette Myers. 10. As a result of the accident referenced in Paragraph 9, above, the Plaintiff suffered damages exceeding $75,000.00 . 11. Upon being notified of said accident, Defendant AIG declined to indemnify or defend Defendant Nanette Myers on the basis that Ms. Myers had failed to pay her insurance premiums. A copy of AIG's communication. to this effect, addressed to Ms. Myers, is attached as Exhibit B and incorporated by reference as if fully set forth herein. 12. In light of AIG's position, Plaintiff placed Defendant State Farm on notice of a UM/UIM claim. I3. Defendant State Farm denied said UM,/UIM claim on the basis that Defendant Gregory Barnhart signed UM/U1M coverage rejection forms on May 30, 2000. 14. While Defendant Bernard did, indeed, sign UM/UIM coverage rejection forms on May 30, 2000, said forms applied to a previous policy which had been superseded by a new policy, in effect at the time of the accident at issue. 15. Defendant State Farm, in an Auto Policy report, itself identified the old policy as the "replaced policy," numbered "0058347-38D 001," and provided a new policy number, "005 8347-D 10-38E-001," to the new policy. A copy of that Auto Policy report is attached as Exhibit C and incorporated as if fully set forth herein. 16. Defendant Barnhard initiated the new policy which had a greater scope of coverage, to include full tort, on June 29, 2001, and, at that time, would have had to have signed new waivers; he was not called upon to sign such forms. Consequently, State Farm's failure to provide him with the same nuIlified any previous waivers of UM/UTM coverage. 17. It is axiomatic that when an individual purchases a new insurance policy with a greater scope of coverage than the previous policy, he or she expects that policy to, in fact, constitute a new policy that is not encumbered by the limitations of the old policy. 18. The interests of public policy and consumer protection dictate that when an individual replaces an old policy with a new, more expansive policy, the old waivers must be considered null and void. 19. The interests of public policy and consumer protection dictate that a new insurance policy requires the purchaser to sign new waivers specifically applicable to that policy. 20. All interested parties have been named as Defendants v.1 this Declaratory Judgment action. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment declaring that Defendant State Farm has a duty to indemnify, defend, or otherwise perform pursuant to existing and applicable UMi UIM terms of Gregory Barnhart's policy and, further, granting such additional relief as the Court may deem appropriate, to include reasonable attorney's fees. Respectfully submitted, ROMINGER, BAYLEY & WHARE y ~~ _ _ Karl E. Rominger, Esquire Attorney I.D. No. 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (7I7) 241-6070 Fax: (717) 241-6878 Attorneys for Plaintiff IN THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYRA BARNHART, Plaintiff 2005 - U ~ Z~.f/ -I v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CIVIL ACTION -Law Jury Trial Demanded COMPANY; GREGORY ACTION FOR DECLARATORY BARNHART; AIG SPECIALTY JUDGEMENT AUTOMOBILE INSURANCE; and NANETTER MYERS, Defendant VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attomey because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Karl E. Rominger, Esquire Attorney for Plaintiffs IN THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYRA BARNHART, Plaintiff 2005- L2y'Lt-~'~ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CIVIL ACTION -Law Jury Tdal Demanded COMPANY; GREGORY : ACTION FOR DECLARATORY BARNHART; AIG SPECIALTY JUDGEMENT AUTOMOBILE INSURANCE; and NANETTER MYERS, Defendant CERTIFICATE OF SERVICE I, James I. Nelson, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by private process service: State Farm Mutual Automobile Insurance Company Gregory Barnhart 555 Southpointe Boulevard, Suite 400 304 Shippensburg Road Canonsburg, Fa 15317 Shippensburg, PA 17257 AIG Specialty Auto Insurance 1550 Coraopolis Heights Road Coraopolis, PA 15108 Dated: ~'~~/ /~ Nanette Myers 420 Newville Road Newburg, PA 17240 Respectfully submitted, ROMINGER, BAYLEY & WfIARE _. ----~ /`~ ----- .-' ~carl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Exhibit A UVGVIYIL.. ~ - Q ~~g STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY STATE FARM FIRE ANO CASUALTY COINPA e n„lirenf/Ineurorl Alamo ~/~~~ t~ ~ Gl~'~4'L-y,~'~ _ Poiicv Number ~U.~~- ~3Y7.. Dim .,. !.. ;:;, y Date 6 ~ ~ ~ Agent's Code ~'~ I Z pus 1 ~ 200 t understand that this acknowledgment of coverage selection shall be applicable, as of the date specified above, to the policy of insurance identified above, on all replacement policies and on a!i renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverage. THE LAWS OF THE COMMONWEALTH OF PENNSYLYANtA, AS ENACTED BY THE GENERAL ASSEMBLY, ONLY REQUIRE THAT YOU PURCHASE LIABILITY AND FIRST-PARTY MEDICAL BENEFIT COVERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES tN EXCESS OF THE LIMfTS REQUIRED BY LAW AAE PROVIDED ONLY AT YOUR REQUEST AS ENHANCEMENTS TO BASIC COVERAGES. IMPORTANT NOTICE Insurance companies operating in the Commonweakh of Pennsylvania are required 6y law to make available for purchase Me following benefits for you, your spouse or other relatives or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons sduck by your motor vehicle: (1) Medical benefits, up to at least 5100,000. (t.i) Extraordinary medical benefits, from 5700,000 to 51,100,000 which may be offered in increments of 5100,000. (2j income loss benefits, up to at least 52,500 per month up to a maximum benefit of at least 550,000. (3) Accidental death benefits, up to at least 525,000. (4) Funeral benefits, 52,500. (5j As an aRernative to paragraphs (1), (2), (3) and (4j, a combination benefit, up to at least $177,500 of benefits in the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benetR of up to 525,000 and a limit on funeral benefit of S2,500, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change the provisions of section 1715(d) (relating to availability of adequate limits). (6) Uninsured, underinsured and bodily injury liability coverage up to at least 5100,000 because of injury to one person in any one accident and up to at least 5300,000 because of injury to two or more parsons in any one accident or, at the option of the insurer, up to at least 5300,000 in a single limit for these coverages, except far policies issued under the Assigned Risk Ptan. Also, at least 55,000 for damage to property of others in any one accident. Additionally, insurers may offer higher benefit levels than those enumerated above as well as additional benefits. However, an insured may elect to purchase lower benefit levels than those enumerated above. Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as wall as the benefits and limits you have selected. if you have any questions or you do not understand all of the various options available to you, contact your agent or company. If you do not understand any of the provisions contained in this notice, contact your agent or company before you sign. Signature of an Applicant or an Insured ,~~~e2~ ~ Data Gil ~ "-''~ UVu~......... _ STATE FAAM MUTUAL AUTOMOaiLE INSURANCE COMPANY STATE FAAM F1~RE AND CASUALTY ApplicanUlnsured Name ~'~-"~ t~ ~ 1 `-~2`G ~ Policy Number ~U~ ' ~3`~ Z~'~ ~ 3X~ Date ~"!» -u ~ Agent's Gode ~ 2 i Z. BUG 13 2004 I understand that this acknowledgmen! of coverage selection shall be applicable, as of the dale specified above, to the policy of insurance identified above, on all replacement policies and on all renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverage. 70RT OPTIONS NOTICE TO NAMED INSUREDS A. "limited Tort" Option -The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-ot-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within. the definition of "serious injury° as set forth in the policy, or unless one of several other exceptions noted in the policy applies. The annual premium for basic coverage as required by law under this "limited tori" option is $_ZZf__ . Yz Additional coverages under this option are available at additional cost. 8. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you wilt be charged the "full tart" premium. 1 wish to choose the "limited tort" option described in paragraph A: Signature of a Named Insured Date C.' "Full Tort" Option -The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and aiher out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result aF injuries caused by other drivers. The annual premium for basic coverages as required by law under this "full tort" option is $ 2 ~"-?° Additional coverages under this option are available ai additional cost D. If you wish to choose the "full tort" option described in paragraph C, you must sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you wilt be charged the "full tort" premium. C wish to choose the "full tort" option described in paragraph C Signature of a Named Insured rr, - l % -fr Date E. You may contact your insurance agent, broker or company to discuss the cost of other coverages. M BENTON Exhibit B ~pecialty auto P.O. Box 8220 Coraopolis, Pa. 13108 Wa[s: (888) 315-8943 Fax: (888) 315-3320 Disclaimer Certified & First Class Mail November 21, 2001 Nazlette Nlyers 420 Newville Road Newburg, Pa. 17240 RE: Our Insured: Nanette Myers Policy Number: AIG 7315922 Claim Number: 61000026804 Date of Loss: 11-3-01 " ,. Insurer: New Hampshire Indemnity Insurance Company Claimants}: ' Dear Nanette Myers: _~.- ~~::, h= ~ _ This letter will acknowledge receipt of a claifn'n-our office as a result of a loss which occurred on 11-3-01, wherein Nannette Myers was involved it>*an accident. Our records indicate that you attempted to purchase a policy of insurance with New Hampshire Indemnity Insurance Company, 'but that you paid the prenuum with an insufficient funds check. As no consideration for the policy contract was exchanged, no policy of insurance exists. Therefore, the New Hampshire demnity Insurance Company wishes to advise you that they will not participate in any further mvest atons, settlement,. or negotiations of this claim. You may find it neCeSSaly, at your own expense, iCtall7 GOUnSeI fU1~ lle pet i' :;n of }^~ r ~L:.2; e5t ftl tl?IS tllatt~I. Insunnu pnwbatl by Member Companies of American Intarnabonal Group. Inc. Certified Mail Page Two As it now stands, the New Hampshire Indemnity Insurance Company hereby disclaims coverage for any and all claims that may arise out of this automobile accident. Should you have any additional information or documentation or if any of the statements contained herein are incorrect, please notify us immediately and we will re-evaluate our position. Sincerely, Linda L. Szoszorek Ctaims Representative Ext. 3353 CC: Law Offices of Joseph D. Buckley 1237 Holly Pike Carlisle, Pa. 17013 P. S. This letter is to correct the letter sent to you on 11-19-01 ~- =~~ i~A ~. - _ _ _ .. Insurance provitled by Member Companies of American lntemational <imup, Inc. Exhibit C 1 Vv..- 009 ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY STATE FARM FlRE .AND CASUALTY GOMVANY Applicant/Insured Name~~~~tL~~~f~13~ PoiicyNum er -~ ~~'~'`';; Datei<=~ Agent'sCadel2ivc!` ~ 1~~~ I understand that this acknowledgment of coverage selection shall be applicable, as of the date specified above, to the policy of insurance identified above, on ail replacement policies and on alt renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverage. THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AS ENACTED BY THE GENERAL ASSEMBLY, ONLY REQUIRE THAT YOU PURCHASE LIABILITY AND FIRST-PARTY MEDICAL BENEFIT COVERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES IN EXCESS OF THE LIMITS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST AS ENHANCEMENTS TO BASIC COVERAGES. IMPORTANT NOTICE insurance companies operating in the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits Ior you, your spouse or other relatives or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle: (t) Medical benefits, up to at least $10D,000. (1.1j Extraordinary medical benefits, trom $100,000 to $1,100,000 which may be offered in increments of $100,400. (2) Income loss benefits, up to at (east $2,500 per month up to a maximum benefit of at least 550,000. (3) Accidental death benefits, up to at least $25,000. (4) Funeral tenefits, $2,500. (5) As an alternative to paragraphs (t), (2j, {3j and {4), a combination benefit, up to at least $177,500 of benefits in the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benefit of up to $25,000 and a limit on funeral benefit of $2,500, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change tfie provisions of section 1715(d) (relating to availability of adequate limits). {6) Uninsured, underinsured and bodily injury liability coverage up to at least $100,000 because of injury to one person in any one accident and up to at feast $300,000 because of injury to two or more persons in any one accident or, at the option of the insurer, up to at least 5300,000 in a single limit for these coverages, except far policies issued under the Assigned Risk Plan. Also, at least 35,000 for damage to property of others in any one accident. Additionally, insurers may offer higher benefit levels than those enumerated above as well as additions! benefits. However, an insured may elect to purchase lower benefit levels than those enumerated above. Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as well as the benefits and limits you have se(aeted. If you have any questions or you do not understand ail of the various options available to you, contact your agent or company. If you da not understand any of the provisions contained in this notice, contact your agent or company before you sign. ~~,~" Signature of an Applicant or an Insured ~ ~~*~-r c ~.~,, Dn.+.-~ Date ~'l~~c~~ isaa}ee va.z ae~.. tt-issa a,blea m us.n. DOGUmtrv ~ ~.~..~ ... 009 STATE FARM MUTUAL AUTOMOe1lE INSURANCE COMPANY STATE FARM FIRE AND CASUALTY COMPANY ~ )y")b<~t~l.~ Potic Number-_-~~"--~---1: ~I~--. Applicantll~nsur~e~d~Name ,... Y Date~~~ (f11 ~J Agent's Code + ~~ I understand that this acknowledgment of coverage selection shall 6e applicable, as of the date specified above, to the policy of insurance identified atrove, on all replacement policies and on alt renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverag~,n~ sr ", w_ TORT OPTIONS ,~(jG j 3 2004 NOTICE TO NAMED INSUREDS A. "Limited Tort" Optiori -The laws of the Commonwealth of Pennsylvania give you the righ! to choose a Corm of insurance that limits your right and the right of, members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy, or unless one of several other exceptions noted in the polic applies. The annual premium for basic coverage as required by law under this "lim'~d tort" option is $1R.3.a1 AddRional coverages under this option are available at additional cost. B. if you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you wilt be considered to have chosen the "fufi tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose the "limited tort" option described in paragraph A: OS`lzo(ac, Date C. "Full Tort" Option -The laws of the Commonwealth of Pennsylvania also give you the dght to choose a form of insurance under which you maintain an unrestdcted right for you and the members of your household to seeK financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers. The annual premium for basic coverages as required by taw under this "full tort" option is $a tG..~i., Additional coverages under this option are available at additional cost D. If you wish to choose the "full tort" option described in paragraph C, you must sign this notice where indicated below and return it. However, If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose the "fait tort" option described in paragraph C: Signature of a Named insured Date E: You may contact your insurance agent,.broker or company to discuss the rost.of other coverages. ~~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY STATE FAAM flRE AND CASUALTY COM ~ / ~ S -,83 REJECTION OF UNINSURED MOTORIST PROTECTION By signing this waiver,l am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives tieing in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage. BS~3o~ao Date YrJ~';<'yryr. ~u~ 13 zoa~ First Named Jnsured ~r R~1~ I ~"lY ~r ~~~ Policy Number `J~ S~ If! Date ~ Agent's Code ~`' ~ `- I understand that this acknowledgment of coverage rejection sha}I be applicable, as of the date specftied above, to the policy of insurance identified above or for which application is being made, on all replacement policies and on alt renewals of either this policy or any replacement policy, unless I request in wdting a different selecllon for such coverage. 150.6]88 PAJO RW.09-97 Exhibit D AUTO POLICY STATUS NOVEMBER 15, 2001 H PHONE: (717) 597-4076 SRNHART,GREGORY A FIRE 005 8347-010-38E-001 IRG: 13 04 SHIPPENSBURG RD TERR: 001 HIPPENSBURG PA 17257-6616 1989 FORD T BIRD CLASS: 1F0011 2DR ACC FREE: NOT ELIG VIN: 1FAP P6049KH122124 BIRTH: SEP-28-70 STATU5:PAID DUE DATE: TERM DATE: TOT PREM: 252.31 AMT DUE: 0.00 OXD:OCT-10-99 COV DATE:JUN-29-O1 PREV PREM: 252.31 1 50 /100 /50 171.57 ~2-5 FULL TORT 27.17 0100 49.97 H 3.60 AMT PAID: 252.31 DATE PAID: NOV-12-O1 ~'~'~` PASS REST 15$ 4.75, SRD 65.45, ODM 169000 06-01. NAME: BARNHART,GREGORY A H PHONE: (717) 597-4076 X.~:,, , ; REPLACED POLICY: 0058347-380 001 POLICY FORM: 99387 ~:,__ EXCEP. & END: ' EC CHG: ' RF C ~~,I V ~:iJ OCT 'L S LOOS BY: '~~~ MYRA BARNHART and, : IN THE COURT OF COMMON PLEAS OF GREGORY BARNHART, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :CIVIL ACTION -LAW 2005 - 4263 STATE FARM MUTUAL AUTOMOBILE: INSURANCE COMPANY, Defendant :JURY TRIAL DEMANDED ORDER AND NOW, this ~~ day of ~~1M/y vr,~0~,/ , 2005, in consideration of the within Motion for Protective Order, a brief argument on said Motion is set for ~11litP.a da-y ~ o ~ ~ , 20Q5' at a3 ~ T m , in Courtroom Number __~, umberlan County Courthouse, Carlisle, Pennsylavania. Pending the outcome of the hearing on that date, the Rule to File Complaint, issued on October 14, 2005, is stayed. BY THE COURT, ='~ °J 1;1 ,: ;.iii _ - ',(?~ Au'J10 i(J' I.~:;'-:d NHL aC ~Ji=~r~~lii~ MYRA BARNHART and, : IN THE COURT OF COMMON PLEAS OF GREGORY BARNHART, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :CIVIL ACTION -LAW 2005 - 42b3 STATE FARM MUTUAL AUTOMOBILE: INSURANCE COMPANY, Defendant :JURY TRIAL DEMANDED MOTION FOR PROTECTIVE ORDER AND NOW, come the Plaintiffs, Myra and Gregory Barnhart, by and through their attorneys, ROMINGER, BAYLEY & WHARF, and file this Motion for Protective Order and in support thereof aver as follows: 1. On or about August 17, 2005, Plaintiffs filed a Writ of Summons in the above- captionedmatter. 2. On or about October 12, 2005, Defendant filed a Praecipe for Rule to File Complaint and, subsequently, on October 14, 2005, said Rule was entered upon Plaintiffs. 3. On or about August 17, 2005, Plaintiffs also filed a Complaint, at docket number 2005 - 04264, seeking a declaratory judgment against, amongst other parties, the instant Defendant. A copy of said Complaint is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 4. The purpose of the Writ of Summons in this matter was to preserve Plaintiffs' entire cause of action in light of the impending expiration of the statute of limitations. 5. The Complaint referenced in Paragraph 3, above, pertains to the narrow issue of whether Defendant State Farm is obligated to indemnify, defend, or otherwise perform pursuant to the existing and applicable UM/UIM terms of Plaintiff Gregory Barnhart's policy. 6. Depending upon the outcome of the Complaint referenced in Paragraph 3, above, the instant action may become moot; however, if the declazatory relief requested said Complaint is not granted, Plaintiffs will seek to protect their rights and interests via the civil action at law initiated via the writ of summons issued at this docket. 7. If compelled to file a Complaint at this time, Plaintiffs will suffer undue prejudice, unreasonable annoyance, burden, and expense by virtue of being placed in a position wherein they aze forced to litigate two actions simultaneously, with the basis for the action at this docket unknown until the resolution of the matter docketed at number 2005 - 04264. 8. If this Honorable Court grants the Protective Order, Defendant will not suffer any significant demonstrable harm. 9. This Court postpone the requisite time to answer the rule, at least temporarily, pending the outcome of the above-referenced declaratory judgment action. 10. Defendant State Farm will not be prejudiced by the relief requested: at worst, Defendant would have to re-file; at best, resolution of the declaratory relief action may ultimately result in withdrawal or dismissal of the instant matter. 11. Denial of the request relief would prejudice Plaintiff: to wit, Plaintiff would be forced to litigate the same broad legal issues and questions in two separate legal vehicles. 12. Judicial economy would be promoted by litigating the core issue before the Court, as framed in the declaratory judgment action. WHEREFORE, Plaintiffs request that this Honorable Court: a. issue a Protective Order whereby Plaintiffs may refrain from filing a Complaint in the instant matter pending a decision on the above-referenced declaratory relief action; and in the short-term, stay the need for Plaintiff to file a Complaint pending a hearing on the this Motion for Protective Order. Respectfully submitted, Date: ~ C ~ ~ 7 ~ U G~ , ~ `-`7 / / '.-- Karl E. Rominger, Esquire Supreme Court ID# 81924 ROMINGER, BAYLEY & WHARF 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Counsel for Plaintiffs MYRA BARNHART and, : IN THE COURT OF COMMON PLEAS OF GREGORY BARNHART, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :CIVIL ACTION -LAW 2005 - 4263 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Motion for Protective Order upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George H. Eager, Esquire EAGER, REINAKER, & SPINELLO 1347 Fruitville Pike Lancaster, Pa 17601 Dated:October 27, 2005 Respectfully submitted, ROMINGER, BAYLEY & WIIARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYRA BARNHART, Plaintiff v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; GREGORY BARNHART; AIG SPECIALTY AUTO INSURANCE; and NANETTE MYERS, Defendants zoos - (~~-} ZCv ~ Civil Action -Law Jury Trial Demanded ACTION FOR DECLARATORY JUDGMENT T ~„-k.. ~~ ~'~ . ,~ . ,t ~ c+j , ~, a~~x ''_.:. ~m , COMPLAINT AND NOW, this 17~' Day of August, 2005, comes the Plaintiff, Myra Barnhart, through her counsel, ROMINGER, BAYLEY & WHARF, and respectfully files the following Complaint seeking a Declazatory Judgment and, in support thereof, avers the following: Plaintiff is an adult individual who resides at 304 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant State Farm Mutual Automobile Insurance Company (hereinafter "State Farm") is a duly licensed insurance cagier with a place of business at 555 Southpointe Boulevazd, Suite 400, Canonsburg, Pennsylvania 15317. 3. Defendant State Farm has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 4. Defendant Gregory Barnhart is an adult individual who resides at 304 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. Defendant AIG Specialty Auto Insurance (hereinafter "AIG") is a duly licensed insurance carrier with a place of business at 1550 Coraopolis Heights Road, Coraopolis, Pennsylvania 15108. 6. Defendant AIG has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. Defendant Nanette Myers is an adult individual who resides at 420 Newville Road, Newburg, Cumberland County, Pennsylvania 17240. 8. At all times relevant to this action, Defendant Gregory Barnhart was insured under an automobIle insurance policy with Defendant State Farm. Part and pazcel of said policy was Underinsured/Uninsured Motorist (UM/UIM) coverage. A copy of said insurance policy is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 9. On or about November 3, 2001, Plaintiff was involved in an automobile related accident, when she was struck by a vehicle being operated by Defendant Nanette Myers. 10. As a result of the accident referenced in Pazagraph 9, above, the Plaintiff suffered damages exceeding $75,000.00 . 11. Upon being notified of said accident, Defendant AIG declined to indemnify or defend Defendant Nanette Myers on the basis that Ms. Myers had failed to pay her insurance premiums. A copy of AIG's communication to this effect, addressed to Ms. Myers, is attached as Exhibit B and incorporated by reference as if fully set forth herein. 12. In light of AIG's position, Plaintiff placed Defendant State Farm on notice of a UM/UIM claim. 13. Defendant State Farm denied said UM/UIM claim on the basis that Defendant Gregory Barnhart signed UM/UIM coverage rejection forms on May 30, 2000. 14. While Defendant Bernard did, indeed, sign UM/UIM coverage rejection forms on May 30, 2000, said forms applied to a previous policy which had been superseded by a new policy, in effect at the time of the accident at issue. 15. Defendant State Farm, in an Auto Policy report, itself identified the old policy as the "replaced policy," numbered "0058347-38D 001," and provided a new policy number, "005 8347-D 10-38E-001," to the new policy. A copy of that Auto Policy report is attached as Exhibit C and incorporated as if fully set forth herein. 16. Defendant Bamhazd initiated the new policy which had a greater scope of coverage, to include full tort, on June 29, 2001, and, at that time, would have had to have signed new waivers; he was not called upon to sign such forms. Consequently, State Farm's failure to provide him with the same nullified any previous waivers of UM/UIM coverage. 17. It is axiomatic that when an individual purchases a new insurance policy with a greater scope of coverage than the previous policy, he or she expects that policy to, in fact, constitute a new policy that is not encumbered by the limitations of the old policy. 18. The interests of public policy and consumer protection dictate that when an individual replaces an old policy with a new, more expansive policy, the old waivers must be considered null and void. 19. The interests of public policy and consumer protection dictate that a new insurance policy requires the purchaser to sign new waivers specifically applicable to that policy. 20. All interested parries have been named as Defendants in this Declaratory Judgment action. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment declaring that Defendant State Farm has a duty to indemnify, defend, or otherwise perform pursuant to existing and applicable UM/UIM terms of Gregory Bamhart's policy and, further, granting such additional relief as the Court may deem appropriate, to include reasonable attorney's fees. Respectfully submitted, ROMINGER, BAYLEY & WHARF ~f , ` Karl E. Rominger, Esquire Attorney I.D. No. 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Attorneys for Plaintiff IN THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL4 MYRA BARNHART, Plaintiff v. STATE FARM MUTUAL AUTOMOBILE INSURANCE zoos - U ~-I ZC.o `-~' CIVIL ACTION -Law Jury Trial Demanded COMPANY; GREGORY ACTION FOR DECLARATORY BARNHART; AIG SPECIALTY JUDGEMENT AUTOMOBILE INSURANCE; and NANETTER MYERS, Defendant VERIFICATION Karl E. Rominger, Esquire, states that he is the attomey for, Plaintiff in this action; that he makes this affidavit as attomey because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Karl E. Rominger, Esquire Attorney for Plaintiffs IN THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYRA BARNHART, Plaintiff 2005- ~~2~.0-I v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANT:GREGORY CIVIL ACTION -Law Jury Trial Demanded ACTION FOR DECLARATORY BARNHART; AIG SPECIALTY JUDGEMENT AUTOMOBILE INSURANCE; and NANETTER MYERS, Defendant CERTIFICATE OF SERVICE I, James I. Nelson, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by private process service: State Farm Mutual Automobile Insurance Company Gregory Barnhart 555 Southpointe Boulevard, Suite 400 304 Shippensburg Road Canonsburg, Pa 15317 Shippensburg, PA 17257 AIG Specialty Auto Insurance Nanette Myers 1550 Coraopolis Heights Road 420 Newville Road Coraopolis, PA 15108 Newburg, PA 17240 Dated: 0 ' ~~/~ Respectfully submitted, ROMINGER, BAYLEY & WHARE __._-_-~ ~{[`arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Exhibit A STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ApplicanVlnsured Name _ /~^~ 1~ ~ Cj~FGa2`~ Date 6 ~ y ~ Agent's Code ~ Z I "L oas STATE FARM FlRE AND CASUALTY COMPA Policy Number r/UA -~_ y7. DID •3'~ n ~ ~ •, n {i ,:~ ;'„ AUG 13 2004 I understand that this acknowledgment of coverage selection shall be applicable, as of the date specified above, to the policy of insurance identified above, on all replacement policies and on all renewals of either this policy or any replacement policy, unless 1 request in writing a different selection for such coverage. THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AS ENACTED BY THE GENERAL ASSEMBLY, ONLY REQUIRE THAT YOU PURCHASE LIABILITY AND FIRST-PARTY MEDICAL BENEFIT COVERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES IN EXCESS OF THE LIMfTS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST AS ENHANCEMENTS TO BASIC COVERAGES. IMPORTANT NOTICE Insurance companies operating in the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits for you, your spouse or other relatives or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle: (1) Medical benefits, up to at least $100,000. (1.1) Extraordinary medical benefits, from S100,000 to 57,100,000 which may be offered in increments of 5100,000. (2) Income loss benefits, up to at least 52,500 per month up to a maximum benefit of at least $50,000. (3) Accidental death benefits, up to at least 525,000. (4) Funeral benefits, $2,500. (5) As an alternative to paragraphs (1), (2), (3) and (4), a combination benefit, up to at least 5177,500 of benefits In the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benefit of up to 525,000 and a limit on funeral benefit of 52,500, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change the provisions of section 1715(d) {relating to availability of adequate limits). (6) Uninsured, underinsured and bodily injury liability coverage up to at least S100,000 because of injury to one person in any one accident and up to at least 5300,000 because of injury to two or more parsons in any one accident or, at the option of the insurer, up to at least 5300,000 in a single limit for these coverages, except for policies issued under the Assigned Risk Plan. Also, at least $5,000 for damage to property of others in any one accident. AddRionaily, insurers may offer higher benefit levels than those enumerated above as well as additional benefits. However, an insured may olect to purchase lower benefit levels than those enumerated above. Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as wall as the benefits and limits you have selected. If you have any questions or you do not understand all of the various options available to you, contact your agent or company. If you do not understand any of the provisons contained in this notice, contact your agent or company before you sign. n Signature of an Applicant or an Insured~~~ ~ ~ ~'~ Date GAL ~ "~~ ISOdI[e Yni.2 RW. 121996 rm,eam van. " ~ STATE FARM MUTUAL AUTOM081LE INSURANCE COMPANY STATE FARM FIRE AND CASUALTY ApplicanUlnsured Name~~"~ l~ ` ,~ ~~`~`~ `~~ Policy Number ~Ui - ~3'/ 7- ~ ~~ ~ 3X~ YnRt ~,^~ Date ~' ~~y ti~ Agent's Code G z t i AUG 13 20U4 I understand That this acknowledgment of coverage selection shall be applicable, as of the date specified above, to the policy of insurance identified above, on all replacement policies and on all renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverage. TORT OPTIONS NOT{CE TO NAMED INSUREDS A. "Limited Tort" Option -The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injudes suffered fall within. the definition of "sedous injury" as set forth in the policy, or unless one of several other exceptions noted in the policy applies. The annual premium for basic coverage as required by law under this "limited tort" option is $ z~v .Yz Additional coverages under this option are available at additional cost. B. If you wish to choose the "limited tort" option descdbed in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you well be charged the "full tort" premium. I wish to choose the "limited tort" option described in paragraph A: Signature of a Named Insured Date C.~ "Full Tort" Option -The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for• you and the members of your household to seek financial compensation for injuries caused Gy other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers. The annual premium for basic coverages as required by law under this "full tort" option is $ t ~'•7O Additional coverages under this option are available at additional cost. D. If you wish to choose the "full tort" option described in paragraph C, you must sign this notice where indicated below and retum it. However, if you do not sign and retum this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose the "full tort" option described in paragraph C: Signature of a Named Insured ~- 2%.ar Date E. You may contact your insurance agent, broker or company to discuss the cost of other coverages. ___. __ M BENTON Exhibit B specialty auto P.O. Box 8220 Coraopolis, Pa. li 108 Wats: (888) 315-8943 Fax: (888)315-3320 Disclaimer Certified & First Class 11-Tail November 21. 2001 Nanette Nlyers 420 Newville Road Newburg, Pa. 17240 RE: Our Insured: Nanette Myers Policy Number: AIG 7315922 Claim Number: 61000026804 Date of Loss: 11-3-O1 " ~~ .- Insurer: New Hampshire Indemnity Insurance Company Claimant(s): ,- Dear Nanette Myers: -,` ' ~~-,. ~„ '"" r~~ This letter will acknowledge receipt of a clairtm'our office as a result of a loss which occurred on 11-3-01, wherein Nannette Myers was involved iman accident. Our records indicate that you attempted to purchase a policy of insurance with New Hampshire Indemnity Insurance Company, but that you paid the prenuum with an insufficient funds check. As no consideration for the policy contract was exchanged, no policy of insurance exists. Therefore, the New Hampshir ' ' 3emniry Insurance Company wishes to advise you that they will not participate in any further inves~ atons, settlement,. or negotiations of this .claim. You may find it n F.., r ;r~~~, ~ f necessary, at your own expense, to retain counsel fug r,, p: _; :,._ e. ~ -est In .his mrttt.._ ~~• Insurairce provitletl by Member Companies of American Intematipnal Group, Inc. Certified Mail Page Two As it now stands, the New Hampshire Indemnity Insurance Company hereby disclaims coverage far any and all claims that may arise out of this automobile accident. Should you have any additional information or documentation or if any of the statements contained herein are incorrect, please notify us immediately and we will re-evaluate our position. Sincerely, Linda L. Szoszorek Clairns Representative Ext. 3353 CC: Law Offices of Joseph D. Buckley 1237 Holly Pike Carlisle, Pa. 17013 P. S. This letter is to correct the letter sent to you on 11-19-Ot ..a..*~ - }~:.- ~~ Insurance pmNded by Member GompaniesW Ameripan InternaGOnal Group, Inc. Exhibit C DOGUMENI 009 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY STATE FARM FlRE AND CASU~ ALT_ Y^C~ANY ApplicanUlnsuredName ~1~`~~ ~~1~ PolicyNum er ~'-~.!~ °,"' Date Agent's Code ~~ ~ ZQ I understand that this acknowledgment of cOVerage selection shall be applicable, as of the date specified above, to the policy of insurance identified above, on all replacement policies and on ail renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverage. THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AS ENACTED BY THE GENERAL ASSEMBLY, ONLY REQUIRE THAT YOU PURCHASE LIABILITY AND FIRST-PARTY MEDICAL BENEFIT COVERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES IN EXCESS OF THE LIMITS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST AS ENHANCEMENTS TO BASK COVERAGES. IMPORTANT NOTICE Insurance companies operating in the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits for you, your spouse or other relatives or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle: (1) Medical benefits, up to at least $100,000. (1.1) ExUaordinary medical benefits, from $100,000 to 51,100,000 which may be offered in increments of $100,000. (2) Income loss benefits, up to at least $2,500 per month up to a maximum benefit of at least $50,000. {3) Accidental death benefits, up to at least $25,000. (4) Funeral benefits, $2,500. (5) As an afterna[ive to paragraphs (1), (2), (3) and (4), a combination benefit, up to at least $177,500 of benefits in the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benefit of up to $25,000 and a (imk on funeral benefit of $2,500, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change the provisions of section 1715(d) (relating to availability of adequate limits). (S) Uninsured, underinsured and bodily injury liability coverage up to at least $100,000 because of in)ury to one person in any one accident and up to at least $300,000 because of injury to two or more persons in any one accident or, at the option of the insurer, up to at least $300,000 in a single limit for these coverages, except for policies issued under the Assigned Risk Plan. Also, at least $5,000 for damage to property of others in any one accident. Additionally, insurers may offer higher benefit levels than those enumerated above as well as additional benefits. However, an insured may elect to purchase tower benefit levels than those enumerated above. Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as well as the benefits and limits you have selected. If you have any questions ar you do not understand all of the various options available to you, contact your agent or company. if you do not understand any of the provisions contained in this notice, contact your agent or company before you sign. \~/! }-{`',,. t~ Signature of an Applicant ar an Insured !t~T t(~O ~ Date ~~~ ao 1564189 PIU.2 Rev. 12-1998 P,NteO in U.S.A. DOCUMENT CODE 91 _ 999 „~ STATE FARM MUTUAL AUTOM061LE INSURANCE COMPANY STATE FARM FIRE AND CASUALTY COMPANY ApplicanVlnsured Named )0"1~<~~~~. Policy Number Datel.~l~.,~ Agent's Cade (d~ I understand that this acknowledgment of coverage selection shall be applicable, as of the date specified above, to the policy of insurance identified above, on ail replacement policies and on alt renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverag~,m~ r "{~` TORT OPTIONS AUG 1 3 1004 NOTICE TO NAMED INSUREDS A. "Limited Tort" Option -The laws of the Commonwealth of Pennsyfvania give you the right to choose a form of insurance that limits your right and the right of. members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy, or unless one of several other exceptions noted in the licy applies. The annual premium for basic coverage as required by law under this "lim"~d tort" option is Additional coverages under this option are available at additional cost. B. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose the "limited tort" option described in paragraph A: ~A ~ ~ a Sl3a/ao Sig~iature of a Named tnsured Date C. "Full Tort" Option -The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this farm of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers. The annual premium for basic coverages as required by law under this "full tort" option is $ ~..~- Additional coverages under this option are available at additional cost. D. If you wish to choose the "full tort" option described in paragraph C, you must sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will he considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose the "full tort" option described in paragraph C: Signature of a Named Insured Date E: You may contact your insurance agent, broker or company to discuss the cost.of other coverages. oas O• STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY STATE FARM FlRE AND CASUALTY COMPANY ~ s -~3Y7 REJECTION OF UNINSURED MOTORIST PROTECTION By signing this waiver, t am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages. {knowingly antl voluntarily reject this coverage. D..~L~3dI'`~O Date 1'OR;,; AUG 1 3 1004 First Named Insured Y->B'7~G{`t 1 ~'1'i ~ \ )V ~~ ~I Policy Number ~ S 3 Date ~ AgenYs Code ~~ O~ !understand that this acknowledgment of coverage rejection shall be applicable, as of the date specified above, to the policy of insurance identified above or for which application is being made, on all replacement policies and on alt renewals of either this policy or any replacement policy, unless I request in writing a different selection for such coverage. 150.4188 PA.10 Rw. W-97 Exhibit D NOVEMBER 15, 2001 AUTO POLICY STATUS H PHONE: (71 7) 597-4076 BARNHART,GREGORY A FIRE 005 8347-D10-38E-001 IRG: 13 304 SHIPPENSBURG RD TERR: 001 SHIPPENSBURG PA 17257-8616 1989 FORD T BIRD CLASS: 1F0011 2DR ACC FREE: NOT ELIG VIN: 1FAPP6049KH122124 BIRTH: SEP-28-70 STATUS:PAID DUE DATE: TERM DATE: TOT PREM: 252.31 AMT DUE: 0.00 OXD:OCT-10-99 COV BATE:JUN-29-O1 PREV PREM: 252.31 A 50 /100 /50 171.57 C2-5 FULL TORT 27.17 D100 49.97 H 3.60 AMT PAID: 252.31 DATE PAID: NOV-12-O1 PASS REST 15~ 4.75, SRD 65.45, ODM 169000 06-O1. NAME: BARNHART,GREGORY A REPLACED POLICY: 0058347-38D 001 EXCEP. & END: ~_,>.. ~., H PHONE: (717) 597-4076 ,,~_ _. ; POLICY FORM: 99387 EC CHG: MYRA BARNHART and, GREGORY BARNHART, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'SY, PENNSYLVANIA V STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL ACTION - LAW N0. 2005-4263 JURY TRIAL DEMANDED Defendant IN RE: MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 11th day of January, 2006, ruling hereon is continued in light of the plaintiff's representation that she intends to file a discontinuance in this action. In the event that a discontinuance is not filed within fourteen days, either party may relist this matter for argument. By the Court, ~rl Rominger, Esquire For the Plaintiffs ~eorge H, Eager, Esquire For the Defendant bg ~~ ~~ ~ ~. I I ~I t A~'1 ~' x`11 ~, i MYRA BARNHART and, GREGORY BARNHART, Plaintiffs vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2005-4263 Jury Trial Demanded PRAECH'E TO WITHDRAW Please withdraw and discontinue the above captioned matter on behalf of the Plaintiffs. Respectfully submitted, Rominger, Bayley & Whare Date: February 6, 2006 ~~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs MYRA BARNHART and, GREGORY BARNHART, Plaintiffs vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2005-4263 Jury Trial Demanded CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for the Plaintiffs do hereby certify that I this day served a copy of the Praecipe to Withdraw upon the following by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George H. Eager, Esquire EAGER, REINAKER & SPINELLO 1347 Fruitville Pike Lancaster, Pennsylvania 17601 Respectfully submitted, Rominger, Bayley & Whare Date: February 6, 2006 J Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs ra r~' '> =ti '"~l .~ L T ~~"~ [ J ~~~'~ '? _ ~)•") » .. .~ ~_l"~ ~~ -j .. r- ORIGiI''~^~. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) MYRA BARNHART (Plaintiff) vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, GREGORY BARNHART, AIG SPECIALTY AUTO INSURANCE and NANETTE MYERS (Defendant) No. 2005-4263 Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Defendant S'[ate'Farm Mutual An~mm~b.~~eC~a,~ance Company's lvjptinn fpr Sn~r .TUAgmant 2. Identify counsel who will argue cases: (a) for plaintiff: Ka 1 Rominger, Esquire, Rominger, Bayley & Whare, (Name and Address) 155 South Hanover Street. Carlisle, PA 17013 (b) for defendant: Vincent J. Quinn, Esquire, Eaqer, Spinello, Quinn & (Name and Address) Stengel, 1347 Fruitville Pike, Lancaster, PA 17601 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: quire Defendant State''Far Mutual Automobile Date:~4~2(1~p7 Attorney for Insurance Company Vincent J. Quinn, E~c~uire Print your name rv C o °rr - ~ ,~ r =~ ~' ~ -a~ ~-'[_. ~, - -~ _'- -r7 ~ i`~ W ~ m W' c tV ~ - ~; -C