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Home My WebLink About06-1286PROVIDENCE WASHINGTON INS., CO. Plaintiff V. DONALD M. WOOD, SR. i/a/t/a WOODY'S Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(.- 1,?Plo CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 Aviso USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por to Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PROVIDENCE WASHINGTON INS., CO. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DONALD M. WOOD, SR. i/a/t/a WOODY'S CIVIL DIVISION -LAW Defendant COMPLAINT The Plaintiff, PROVIDENCE WASHINGTON INS., CO., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of NINETEEN THOUSAND ONE HUNDRED EIGHTY FOUR DOLLARS AND EIGHTY ONE CENTS ($19,184.81), together with interest thereon at the statutory rate, upon a cause of action of which the following is a statement: 1. The Plaintiff, PROVIDENCE WASHINGTON INS., CO., is a corporation organized and existing under the laws of the State of Rhode Island, having its principal office and place of business at 88 Boyd Avenue, East Providence, RI 02914-1231. 2. The Defendant, DONALD M. WOOD, SR., individually and trading as WOODY'S, has an office and place of business at 1 North Front Street, Enola, Cumberland County, Pennsylvania 17025. COUNTI 3. Plaintiff incorporates by reference Paragraphs 1 and 2, the same as if fully set forth at length herein. 4. Plaintiff, at Defendant's request, did provide general liability insurance for the benefit of Defendant for the period of July 11, 2004 through July 10, 2005, Policy No. R4A0402232. 5. The prices charged for said insurance coverages provided werejust and reasonable, were the legal FAUSER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\PROV WASHINS.3l95l.wpd27FebO6 and market prices therefor, and were the prices which the Defendant contractually promised and agreed to pay Plaintiff therefor. 6. Pursuant to the terms of the contract between Plaintiff and Defendant, an audit adjustment was performed by Plaintiff, as the result of which Plaintiff billed Defendant in the total sum of Thirteen Thousand One Hundred Ninety Three Dollars ($13,193.00). True and correct copies of Plaintiffs Audit Adjustment Statement and Earned Premium Notice are collectively attached hereto, marked as Exhibit "X% and made a part hereof. Plaintiff frequently demanded paymentfrom Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THIRTEEN THOUSAND ONE HUNDRED NINETY THREE DOLLARS ($13,193.00), together with interest thereon from November 30, 2005. COUNT II 8. Plaintiff incorporates by reference Paragraphs 1 through 7, the same as if fully set forth at length herein. 9. Plaintiff, at Defendant's request, did provide insurance for the benefit of Defendant for the period of July 11, 2004 through July 10, 2005, Policy No. R6C0402232. 10. The prices charged for said insurance coverages provided were just and reasonable, were the legal and market prices therefor, and were the prices which the Defendant contractually promised and agreed to pay Plaintiff therefor. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\PROMASHINS.3195 I mpd27F606 11. On or about July 15, 2004, Defendant modified said insurance policy to add four (4) additional registration plates as more fully set forth on Plaintiff's change documentation and demand letters for payment of the additional premium of Five Thousand Nine Hundred Ninety-Five Dollars and Eighty One Cents ($5,995.81) collectively attached hereto, marked Exhibit "B", and made a part hereof 12. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant: (A) Count I - The sum of NINETEEN THOUSAND ONE HUNDRED EIGHTY FOUR DOLLARS AND EIGHTY ONE CENTS ($19,184.81) together with interest thereon at the statutory rate from November 30, 2005; and (B) Count II -The sum of FIVE THOUSAND NINE HUNDRED NINETY FIVE DOLLARS AND EIGHTY- ONE CENTS ($5995,81), togetherwith interestthereon at the statutory rate from August 10, 2005. for a Judgment in favor of Plaintiff and against Defendant in the amount of NINETEEN THOUSAND ONE HUNDRED EIGHTY FOUR DOLLARS AND EIGHTY ONE CENTS ($19,184.81), along with interest thereon. Respectfully submitted, KNUPP, KO IMBLUM, P.C. f Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\PROV WASHINS.3195I.wpd:27FebO6 Audited Rates Prmlimna I Premium Prem./ YrirtLf PremJ ProdJ Clsasdicatioes Code Na. Bask Op,. Camp. Ops. Ops. Comp. Ova. ; P7~ri1R75YLVANTA;` Territory 010 Prezti5. NO. 00.1 91190 - AUTO DISMANTLING 126790 18,288 116.771 2,996 14,938 PAYROLL PER 1000 PENNSYLVANIA Territory 010 Prems.:No. 002 46622 PARKING-PRIVATE; 150 136.104 INCL 20 INCL PROD/COMP OP SUSS TO AREA GEN AGG LIMIT PER IOOC TOTAL AUDITED PREMIUM 17 , 298 TOTAL 1STIMAtPD PREMIUM 4,109 TOTAL ADDITIONAL PREMIUM 13,189 mgr-- 12/30/2005 11:23AM MENE •12/30/2005 11:13 4014537195 PROV WASH PAGE 01/03 10rcvidnrce ll? ni Bill To: s .q;ton es InS?ranC. cam, Agent; 37009660 BARRICK & ASSOCIATES, INC. (717) 632-7270 ISLE STREET 141 CARL HANOVER, PA 17331 WOODY'S DONALD M. WOOD, SR.TIA 1 NORTH FRON ST. WEST FAIRVIEW, PA 17025 EARNED Plji PMUW Date of Notice; I I/2W2005 $13,193.60 $13,193.00 "Tncludma 54.00 aevlc-chatgo 02232 WOODY'S Owwral LSab1 07.11.04 $13,193.00 $13,193.00 EARNED F"K,l YOUR INSURANCE COVERAGE HAS TERMINATED. Premium is due for the period that coverage was provided. Please pay amount shown by the due date indicated above. For questions about your billing, please call our customer service line at 800-565.3609. I prvtyt RETAIN THIS PORTION FOR YOUR RECORDS Inauzed Copy IMPORTANT: Detach and rearm the notice heloW, along with your payment, in era envelope proWaea. Please be sure to include your account number on your check. EARNED PREMIUM NOTICE M.ne tlMer.nwuM enCl.•etl. $ , Pleau send chork payable to; Bill To: PROVIDENCE WASHINeTON INSURANCE COMPANY 88 BOY0 AVENUE EAST PROVIDENCE, RI 02914-1231 IILnnIJIJmuILlulndhJJullnullluldnluulll WOODY'S DONALD M, WOOD, SR.TIA 1 NORTH FRON ST. WEST FAIRVIEW, PA 17025 402232+pedO0010000100904990001319H00DD01319300SllA 12/30/2005 11:23AM w o of PRQV WASH -"1" m m + 'K h 13 4014537195 3 C, .12/30/2005 11: m m o " 's 11 O ?N1y F m O v = j I p Q -`? 1 1 iril l 7* o tmn a ^' ?1 G;k e? S?'^O <9 1 11 ? v o' ? n . ? O g G? c ? s ?> R A F w? ? ?; rN vex °' m v ? p 1 q5 ?' .? - N 93, m 1 1 Q SZ tO ` n trn c ?CJd 1C1G1 4 w O l O N m ` o I c 11:23AM e 09/15/2005 10:15 4014537195 POLICY NUMBER PUUCF -HIUu FROM TO RGC0a02232 07/11/04 07/11/05 AriIC?T?R PROV WASH P45E 03/05 COVERP 'S PROVIDED IN THE YOPR INSURANCE COMPANY ED inns AEb wfgo y S ziOrrAz.D M. w66D s3R ?r Original 12, &99.00 'NeW 17,79-9.0 ( Premium.$ Premium $ COUNTERSIGNED 09/10/2004 BY (Date) UWOOSI 0a/96 -Total Add1/1'1eturn'Promium& 452.-OD (Authorized Representative) 09/14/2005 11:28PM 09/15/2005 10:15 POLICY NUMBER P6C0402232 40145'7195 07/15/04107/11/05 FRO! WASH PAGE 04/05 COVET ? IS PROVIDED IN THE YORK INSURANCE COMPANY 09/14/2005 11:28PM 09/1512005 10:15 POLICY NUMBER R6C0402232 4014537195 07/15/041 07/ji./05 PROv bJASH COVET _ IS PROVIDED IN 7HE YORK INSURANCE COMPANY PAGE 05/05 09/14/2005 11:28PM -09/15/2005 10:15 4014537195 FROV WASH PAGE 02/05 August 10, 2005 WOODY'S I NORTH FRONT STREET WEST FAIRVIEW, PA 17025 Re: EARNED PREMIUM DUE COMPANY: R6CO402232: $5,995.81 Dear Insured: The above referenced premium remains outstanding. Although several bills have been sent, we have not yet received payment. Please review the breakdown below, and then remit payment of $5.995.91 in the enclosed envelope by August 20, 2005. If full payment is not possible at this time we are in a position to offer a short-term payment plan. In order to take advantage of this offer, please call the number below by August 20. Your prompt attention to this matter is appreciated. If payment has already been sent, please disregard this letter. Sincerely, Edythe Manning, AIC, A15 Collection Analyst Phone: (800) 556-3825 Ext. 7426 Fax: (401) 431-9488 Policy AcWyiW Renewal effective 7/11/04-7111/05: $12,939.00 Payment received 7/13/04: ($2,579.80) Payment received 8/16/04: ($1,150.72) Payment received 9/11/04: ($1,150.72) Add 4 registration plates eff 7/15/04: $4,85200 Payment received 10/20/04: ($2,500.00) Payment received 10/30/04: ($897.48) Payment received 11/8/04: ($1,582.40) Payment received 11/30/04: ($1,586.34) Payment received 1/14/05: ($1,586.33) Payment received 2/7/05: ($1,586.33) Payment received 3/4/05: ($1,586.33) Transferred to 8400402232 3/18/05: $9,071.00 Payment received 4/19/05: ($1,586.74) Policy canceled non-pay effective 5/9/05; f$L073.00) Outstanding balance due Company: $5,995.81 09/14/2005 11:28PM 09/15/2005 10:15 4014537195 PRUV i4ASH PAGE 51/05 August 26, 2005 WOODY'S 1 NORTH FRONT STREET WEST FAIRVIEW, PA 17025 R6C0402232.- lrovidence l1,"Vashington Insurance Companies FINAL NOTICE $5,995.81 EARNED PREMIUM Your payment of $5,995.81 for the above-referenced policy is now more than sixty days past due. Since we have not heard from you in response to our previous correspondence and/or telephone messages, we assume your payment of $5,995.81 is on its way to our office. If not, please send payment in the envelope provided upon receipt of this letter. We are attempting to reconcile this matter in an amicable manner. However, if we do not hear from you or receive payment within 7 days from the date of this letter, we will have no alternative but to turn this matter over to an outside attorney for collection of this debt. We hope this will not be necessary and that you will send us payment without further delay. Sincerely, Edythe Manning, AIC, AIS Collection Analyst Phone: (800) 556-3825 Ext. 7426 Fax: (401) 431-9488 09/14/2005 11:28PM ` OrO3/2006 FRI 00:45 FAX laooi ` FEB-27-2006 10:26 "UPP KODAK & IMBLUM 717 238 7158 P.Ua VERIFICATION 11 (I u IVY (1' LillInq tollechM- I V. (name) ([Me) of PRQVIDENCE WASHINGTON INSURANCE CO, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. PROVIDENCE WASHINGTON INSURANCE CO. By: ?1? ?„ ?/?PQtJ Title_(?y. %irl??fi tn?l[ee?trwIn? Dated:. b 31951 03/03/2006 11:53AM 44). trc cn TOMASKO & KORANDA, P.C. By: Michael A. Koranda, Esquire PA ID #58808 219 State Street Harrisburg, PA 17101 Phone: (717) 23 8-1100 mkoranda@t-klaw.com PROVIDENCE WASHINGTON INS. CO, Plaintiff, Defendant. Attorneys for IN THE COURT OF CUMBERLAND CC 40N PLEAS ,PENNSYLVANIA NO. 06-1286 (CIVIL CIVIL ACTION - LAI NOTICE TO PLEAD vs. DONALD M. WOOD, SR. i/a/t/a WOODY'S, TO: PLAINTIFF YOU ARE HEREBY REQUIRED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAY FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINS YOU. ANSWER WITH NEW MATTER NOW COMES Defendant, Donald M. Wood, Sr., i/a/t/a Wood's, by and through his attorneys, TOMASKO & KORANDA, P.C., and files the following averring: 1. Admitted upon information and belief with New Matter, 2. Admitted. COUNTI 3. No response required. 4. Admitted in part; denied in part. It is admitted that Pl*ntiff provided certain insurance to Defendant under Policy No. R4A0402232. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and, accordingly, the same are denied and strict proof thereof is demanded t trial. 5. Denied. The allegations of this paragraph constitute c nclusions of law to which no responsive pleading is required and accordingly, the same are deni d and strict proof thereof is demanded at trial. By way of further response, after reasonable Defendant is without knowledge or information sufficient to form a averment that the premiums charged for the policy were "just and legal and market prices therefor" and accordingly, the same are demanded at trial. 6. Admitted in part; denied in part. It is admitted that Adjustment Statement and Earned Premium Notice to Defendant. this paragraph constitute conclusions of law to which no responsive accordingly, the same are denied and strict proof thereof is demanded response, after reasonable investigation, answering Defendant is information sufficient to form a belief as to the truth of the averment "audit adjustment," and, accordingly, the same are denied and strict trial. By way of still further response, to the extent that Plaintiff ;tigation, answering lief as to the truth of the enable, [and] were the and strict proof thereof is ntiff sent an Audit remaining allegations of Wing is required and t trial. By way of further it knowledge or at Plaintiff performed an of thereof is demanded at ds that Defendant had a -2- a contractual obligation to pay the additional $13,193.00 to Plaintiff, conclusion of law to which no responsive pleading is required and denied and strict proof thereof is demanded at trial. 7. Admitted in part; denied in part. See Answer to WHEREFORE, Defendant demands judgement against such other relief as is reasonable and just. COUNT II 8. No response required. 9. Admitted in part; denied in par[. It is admitted that insurance to Defendant under Policy No. R6C0402232. The paragraph constitute conclusions of law to which no responsive denies same as a the same are No. 6, supra. plus costs of suit and provided certain allegations of this is required and accordingly, the same are denied and strict proof thereof is demanded t trial. 10. Denied. The allegations of this paragraph constitute c nclusions of law to which no responsive pleading is required and accordingly, the same are deni d and strict proof thereof is demanded at trial. By way of further response, after reasonable Defendant is without knowledge or information sufficient to form a averment that the premiums charged for the policy were "just and legal and market prices therefor" and accordingly, the same are demanded at trial. 11. Admitted in part; denied in part. It is admitted that on Defendant added four (4) additional registration plates to the answering to the truth of the [and] were the and strict proof thereof is about July 15, 2004, policy. The remaining -3- Y allegations of this paragraph constitute conclusions of law to which Io responsive pleading is required and accordingly, the same are denied and strict proof thereo? is demanded at trial. By way of further response, after reasonable investigation, answering D fendant is without knowledge or information sufficient to form a belief as to the truth o the averment that the additional premium for added vehicles amounted to $5,995.81. 12. Admitted as stated. WHEREFORE, Defendant demands judgement against such other relief as is reasonable and just. NEW MATTER 13. Paragraph Nos. 1 through 12 above are incorporated forth at length below. 14. Plaintiff's Complaint fails to state a cause of action granted. 15. Plaintiff's claims fail for lack of mutual assent. or disclose to Defendant the manner in which premiums would be 16. Defendant unilaterally terminated Policy No. R6C( 2005. 17. Defendant unilaterally terminated Policy No. date prior to the anniversary date. 18. The "audit adjustment" performed by Plaintiff may terms of the Policy. plus costs of suit and by reference as if set which relief may be did not inform, explain lated under the policies. 32 on or about May 9, on some unknown e violated the express -4- Yv Respectfully submitted, VERIFICATION I verify that the statements made in the attached ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information and belief I I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 elating to unworn falsification to authorities. DATED: DONALD M. WOOD, rn N ., SHERIFF'S RETURN - REGULAR CASE NO: 2006-01286 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENCE WASHINGTON INS CO VS WOOD DONALD M SR ET AL CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOOD DONALD the DEFENDANT , at 1145:00 HOURS, on the 17th day of March 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DONALD M WOOD SR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Postage .39 Surcharge 10.00 .00 42.47 Sworn and Subscribed to before me this l f% day of iV- uq z&o(, A. D. So Answers: R. Thomas Kline 03/20/2006 KNUPP KODAK IMBL,T ) r....._ _. . By: -'Deputy Sheriff Y Prothonotary 'l SHERIFF'S RETURN - REGULAR CASE NO: 2006-01286 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENCE WASHINGTON INS CO VS WOOD DONALD M SR ET AL CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOOD DONALD M SR T/A WOODYS the DEFENDANT , at 1145:00 HOURS, on the 17th day of March 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DONALD M WOOD SR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/20/2006 KNUPP KODAK IMBLUM Sworn and Subscribed to before By: -? me this day of Deputy Sheriff "w ?OO4 A.D. d Prothonotary Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Plaintiff PROVIDENCE WASHINGTON INS. CO., Plaintiff v DONALD M. WOOD, SR. i/a/t/a WOODY'S Defendant IN THE COURT OF CUMBERLAND CO NO. 06-1286 CIVIL CIVIL DIVISION - AND NOW comes the Plaintiff, Providence Washington Ins. Knupp, Kodak & Imblum, P.C., and files the following Plaintiffs follows: 13. Plaintiff incorporates herein by reference the allegations of its Complaint, as if same were set forth fully herein. 14. Denied. The allegation is a conclusion of law to which no 15. Denied. The allegation is a conclusion of law to which no further denied that Defendant was not informed as to the calculated under the policies. The premium for Commercial upon payroll, subject to a final audit adjustment upon MON PLEAS OF ,PENNSYLVANIA ., by and through its attorneys, to Defendants New Matter as in Paragraphs 1 through 12 pleading is required. pleading is required. It is in which premiums would be Liability Coverage is based See policy conditions attached hereto, marked Exhibit "A" and made a part hereof. 16. 17 Denied. Policy R6C0402232 was cancelled for non-payment of premiums effective May 9, 2005. Denied. Policy R4A0402232 was not cancelled, but rather 11, 2005. 18. Denied. Plaintiff attempted to complete an audit as part of of said policy attached hereto marked Exhibit "B" and made a Audit. Defendant was contacted on numerous occasions, but the needed information to perform an audit. Defendant's being required to complete an estimated audit adjustment on WHEREFORE, Plaintiff respectfully requests that this of Plaintiff and against Defendant as prayed for in Plaintiffs Respectfully submitted, KODAK AND IMBLUM, Robert D. Ko k Esquire 407 North Fr t Street P.O. Box 11$48 Harrisburg, PA 17108-1848 (717) 238-1751 Attorney I.D. No. 18041 Attorney for Plaintiff on its anniversary date of July conditions. See paragraph 5 hereof pertaining to Premium never cooperative in providing to cooperate resulted in Plaintiff policy. Court enter judgment in favor Q6/19l2006 MON 20:31 FAA la 003 IL 0017 1199 COMMON POLICY All Coverage parts included in this policy are subject to the following A. Cancellation 1. The first Named Insured shown in the Doctata- tions may canal this policy by mailing or do- livening to us advance written notice Of Now- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nouMment of pre- mium; or b. 30 days before the effective date of cancel- lation if we canal for any Other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cariedlatift will slue the effective date of cancellation. The policy period willend on that date. 5. If this policy Is cancelled, we will send the filet Named Insured any premium refund due. If we cancel, the refund -will be pro rata. If the first Named Insured cancels, the refund 'nay be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund- 6. If notice is mailed, proof of malting willbe suf- ficient proof of notice. 13. Changes This policy contains all the agreements between you and us concerning the insurance offordcd- The first Namod Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be anneaded or waived only by tndorsamant issued by us and made a part of this policy. C. Liam nation Of Your Books And Records We may examine and audit your books ad fee- otds as they relate to this policy at any nine denting the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the rlght to: a. Make inspections and surveys at any time; b. Give reports on the conditions we >iad; clod c. Recom changes. 2. We am not to main any inspections, surveys, or rwomtxndations tad arty such actions we do undertake relate only to in- surabllity the premiums to be charged. We do not safety inspections. We do not im- darroke to the duty of any person organization to provide for the health or safety of workers the public. And we do not warrant that wadi a. Are safe of healthful; or b. Comply with laws, regulations, codes or 3. Paragraplzs 1. and 2. or this condition apply not only ro ,but also to any rating, advisory, rata service or similar organvation wbroh makes n a inspections, surveys, repom or 0000 'ions. 4. paragraph of this condition does not apply to any surveys, reports or rw=- rnendations may make relative to certifica- tion, under or municipal statutes, ordi- nances or lctons, of boilers, pressure ves- sels or elev R. Prnmimus The first N Insured shown in the Declara- tions .-1. 1s responsib for the payment of all piamhims;, and 2, will be the yee for any return prendums we pay. Transftlr Of y Ri;ftta And IhAin Under Tus Policy Your rights and duties trader this policy may not be transferred 'thou[ our written consent except in the case of of an individual named in- sured. If you die, yo rights and duties will be trans- ferred to your 1 gal representative but only while acting within th e scope of duties as your legal rep- resentailve. U your legal reprnemaiive is ap- potated, myone birvins ]'roper temporary moody of your propert y will have your rights and duties but only with r to that property. F M 00171198 Copyright, immance Services t)fftx. Inc., I998 I Page I of 1 ? 06/20/2006 08:41AM 08/18/2008 NON 20:50 FAR Sl MoN II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venntfe, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liabilitycontpany, you are an insured- Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their dudes as your maoagm- d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, bet only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business. or your "employees"., other than either your "executive officers" 6f you are an organization otter than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability ompany), but Only for aces within the scope of shelf employment by you or while performing duties related to the conduct of your business. However, none of these "em- ployers" or "volimilecr workers" are ittsuteds for: (1) "Bodily injury" or 'personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (ifyou are a limited liabil- ity company). to a 00-"employee" while in the course of his or her employment or performilg duties related to the con- duct of your business, or to your other volunteer workers" while performing dudes related to the conduct of your business; CG 00 01 10 01 [a 001 (b) TO tht spouse, child, pares[, brother or sister f that oo-'employee" or "volunteer wor, ' as a consequence of Paragraph (1)(a) above; (O) For share else t the in or (b) (d) cart a (2) "property (a) Owne (b) Rente of, or hug a you. son a panne ber (if y b. Any person "volume= t acting as yot e. Any person poraty custc only: (1) With ret (2) Until d- Your legal r with respect tative will ha) this Coverage 3. With respect to your name and law, say person equipment alool mission- Any d Bible for the con sured, but only i the operation of insurance of any organization for organization is an a. "Bodily injury driving the eq b. "Property der rented to, in or the emplc sured under th ,hich there is any obligation to damages with or repay someone ho must pay damages because of urydescribed 1n Paragraphs (1)(a) above: or out of his or her providing or to provide professional health image" to property: occupied or used by, l to, in the care, custody or control over which physical control is be- :rcised for any purpose by of your "eployees", "volunteer any partner or aumober (ffyou are hip or joint venture), or any mem- i are a limited llabil(ty company). (other than your "employee" or flute), or my Organization while teal estate manager. r organization having proper tem- ( of your property if you die, but t to liability arising out of the or use of that property; and legal representative has been esentative if you die, btu onl) duties as such. That represen- all your rights and duties under 'mobile equilpmem' registered in r any motor vehicle registration is an insured while driving such a public highway with your per. or parson or organization respon- act of such person is also an in- ith respect to liability arising cut of he equipment, and only ifno other kind is available to that person or his liability-However, no person or insured with respect to: 'to a co-"employee" of the parson ipment; or stage" .to property owned by, he charge of or occupied by you ,er of any person who is an in- s provision. Page 9 of 16 ? 06/20/2006 08:41AM 06/19/2006 MON 20:91 FAX When this insurance is excess. we willhsve no duty under Coverages A of B to defmd the in- sured against any "suit"ifany other insurer has a duty to defend the insured against that "suit"- Ifno other insurer defends, we willuudenab to do so, but we will be entitled to the insured's rights against all those Other insurers. When this insurance is excess over other insur- ance, we will pay only our share or the amount of the loss, if any, that exceeds the sum of: (1) The total amotmt that all such other insur- ance would pay for the loss in the absence of this b strante; and (2) The total of an deductible and self-inured amounts under all that other insurance. We will share the remaining foss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in access of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Method of Shadnig If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer costrib- ores equal amounts until it has paid its applies- bit limit of insurance or none of the leas re- mains, whichever comes first. If any of the other insurance does not permit contribution by equal shares. we willconribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of in- surance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown In this Coverage Pan as ad- vance premium is a deposit premium only. At the close of each audit period we will comp rte the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the duc date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must beep records of the infomtatim we need for premium computa- tion, and send us copies at such times as we mew request. Page 12 of M 6. Representations By accepting this a. The statemezz rate and cob. Those swat lions you mad c. We have i 7. Separation Of L Except with rasp any rights or d Coverage Part t surance applies: a. As if each Named insure b. Separately tc is made or 'st S. Transfer Of Ril To US Ifthe insured ha: payment we Jim those rights an must do nothing request, the ini those rights to us 9. When We DO Nc If we decide not will mail or del shown in the I nouramewal not ration date. Ifnotlce is malls proof of notice. SECTION V - DEFT 1. "Advertisement' or published to i loot sagments ab iota for the pro supporters. For it a. Notices that plated on th meant of coma b. Regarding w site that is ab ices for the pa supporters is c 2. "Auto"means a trailer designed 1 any attached on does not include " ® ISO Properties, Inc., 2000 1@ 002 y, you agree: in the Declarations are a.:cu- its are based upon represents to us; and td this policy in reliance upon t to the Limits of Insurance, and les specifically assigned in this the first Named Insured, this in- Named Insured were the only I; and each insured against whom claim l* is breaght dot Of Recovery Against Others rights to recover all or part of any made under this coverage Part, transferred to us- The insured after loss to impair therm. At our recd will bring "suit" or transfer nd help us enforce them. to renew this Coverage Part, we ver to the first Named Insured x]arations written notice of the xs them 30 days before ate c*- proof of mailing willbe sufficient means a notice that is broadcast he general public or specific mar- am your goods, prodnots or serv- pose of attracting ataromeU or e purposes of this definition: are published include material Internet or on stmilar electronic nuication; and b-sites, only that part of a web rot your goods, products or serv- rposes of athacting customers or atsidened an advertisement. and moor vehicle, trailer or scmi- rr travel on public roads, including chinery or equipment. But "auto" rrob0e equipment". CG 00011001 ? 06/20/2006 08:41AM VERIFICATION m..?.r of PROVIDENCE WASHINGTON INS CO, verify thatthe statements are true and correct. I understand that false statements herein are Pa. C. S. §4904, relating to unswom falsification to authorities. PROVIDENCE By: Title: Dated:'71ZE104o in the aforegoing document subject to the penalties of 18 INS. CO. 31951 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have copy of the Plaintiffs Reply to Defendant's New Matter in the v individual(s) by causing same to be deposited in the United States 1 Harrisburg, Dauphin County, Pennsylvania, addressed as follows: MICHAEL A. KORANDA ESQI TOMASKO & KORANDA 219 STATE STREET HARRISBURG PA 17101 AND ROBERT Unt odak, 407 North Stre Harrisburg, PA 171( (717) 238-7151 Attorney I.D. No. 18 Attorney for Plaintiff Dated: date served a true and correct matter upon the below listed first class postage prepaid, at 848 1 cN,- C 7 -YI -e a! ?: ?.. ...... <, ? =o mv' S_' U ? C1 C ? .r , -r ? ? r;:c ..a c -!; ?? N ?yy PROVIDENCE WASHINGTON INS., CO. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-01286 DONALD M. WOOD, SR. individually and trading as a WOODY'S '•. CIVIL ACTION - LAW Defendant(s) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintiff/defendm-tt in the above action, respectfully represents that: 1. The above-captioned action(s) is/am at issue. 2. The claim of plaintiff in the action is $19,184.81, plus interest. The counterclaim of the defendant in the action is: N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) and RONALD T. TOMASKO, ESQUIRE (METTE, EVANS & WOODSIDE) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully d, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 ORDER OF COURT AND NOW, , 2007, in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above captioned action (or BY THE COURT: GEORGE E. HOFFER, P.J. P" CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: RONALD T TOMASKO ESQUIRE METTE EVANS AND WOODSIDE PO BOX 5950 HARRISBURG PA 17110-5950 KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: July 3. 2007 v cz, i ril --o :-z PROVIDENCE WASHINGTON INS., CO. Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-01286 DONALD M. WOOD, SR. individually and trading as a WOODY'S CIVIL ACTION - LAW Defendant(s) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintiff/defendant in the above action, respectfully represents that: 1. The above-captioned action(s) isfare at issue. 2. The claim of plaintiff in the action is $19,184.81, plus interest. The counterclaim of the defendant in the action is: N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) and RONALD T. TOMASKO, ESQUIRE (METTE, EVANS & WOODSIDE) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfu ily ly d, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7152 ORDER OF COURT AND NOW, 1 , 2007, in consideration of the foregoing petition, Esq., and Esq., and I ell Esq., are appoi arbitrators in the above captioned action (or actions) as prayed for. BY E CO ?-ceffcv`' `? -Cam ? co ?0o DI i ?? 1 PROVIDENCE WASHINGTON COURT OF COMMON PLEAS OF INSURANCE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DONALD M. WOOD, SR., et al., : Qlo-)a8lo DEFENDANTS 07- CIVIL TERM ORDER OF COURT AND NOW, this b( day of July, 2007, the appointment of Mark F. Bayley, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Susan K. Candiello, Esquire, is appointed in his place. By the C C! Edgar B. Bayley, J. H. Anthony Adams, Esquire Chairman /Susan K. Candiello, Esquire Court Administrator :sal 7,apK6 ,, ?'S ' , ? C ?? <? ? PROVIDENCE WASHINGTON INSURANCE CO., PLAINTIFF V. DONALD M. WOOD, SR., ET AL., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1286 CIVIL TERM ORDER OF COURT AND NOW, this y?-?_day of November, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. H. Anthony Adams, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, r Edgar B. Bayley, J. H. Anthony Adams, Esquire Court Administrator sal /nom l l£ c L i? calv7 Cr 1 i 1^ LI_t N ?.J PROVIDENCE WASHINGTON INS. CO. v Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1286 DONALD M. WOOD, SR. individually and trading as WOODY'S ' CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO: Cumberland County Prothonotary Dated: February 18, 2008 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 ra ?y ? ?.? r-n t ?_,:, . ? ? ??? ? . p ? ?- .? ? J ?. ?, ,._ ? ?- ? t-c? " ? ? ? '? ? , iiJ? R