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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISIO
Plaintiff, NO.: Q(o _
V. COMPLAINT
JUDGMENT
KAREN BRUNER, CHRISTINA TEMES (Jury Trial De
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
lot OU'L
DECLARATORY L
nded)
Filed on Behalf lof Plaintiff
Defendants.
Counsel of
Jeffrey C. Ca'
PA I.D. #: 72
Summers, M
Guthrie & S
Firm No. 911
for this Party:
Esquire
cell, Hudock,
L.L.P.
2400 Gulf Towr
707 Grant Stre t
Pittsburgh, PA 15219
(412) 261-323
#14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISI
SAFE AUTO INSURANCE COMPANY,
NO.:
Plaintiff,
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
NOTICE TO DEFEND
You have been sued in Court. If you wish to defen
forth in the following pages, you must take action within tw
Complaint and Notice are served, by entering a written apps
attorney and filing in writing with the Court your defenses or
set forth against you. You are warned that if you fail to do
without you and a judgment may be entered against you by t
notice for any money claimed in the Complaint or for ai
requested by the plaintiff. You may lose money or property
to you.
against the claims set
ty (20) days after this
rance personally or by
bjections to the claims
the case may proceed
Court without further
other claim or relief
other rights important
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA
2 LIBERTY AVENUE
CARLISLE, PA 17013
ON
TELEPHONE NUMBER:
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
v.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
, PENNSYLVANIA
CIVIL DIVIS
NO.: OG -
Plaintiff, Safe Auto Insurance Company, by and through its attorneys,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite,
Esquire, files the following Complaint in Declaratory Judgme t:
1. Plaintiff, Safe Auto Insurance Company, is a c rporation authorized to
transact insurance business within the Commonwealth of Pe nsvivania.
2. Defendant, Karen Bruner, is an adult i
Colliery Road, Williamstown, Pennsylvania 17098.
3. Defendant, Christina Tames, is an adult indivi
Mallard Court, Mechanicsburg, Pennsylvania 17055.
4. Defendant, Christina Tames, Administratrix o
Tames, in an adult individual residing at 33 Mallard
who resides at 1
who resides at 33
the Estate of Hunter
Mechanicsburg,
Pennsylvania 17055.
I. OPERATIVE FACTS
5. Plaintiff, Safe Auto Insurance Company, issue a policy of automobile
liability insurance to Karen Bruner bearing Policy Number P 00198999A-00. A true
and correct copy of the policy is attached hereto as Exhibit A".
6. Karen Bruner's policy with Safe Auto Insuran a Company covered a
2001 Saturn SL2 and Karen Bruner was the only named ins red.
7. The policy was in force and in effect on July 7, 2004.
8. On July 7, 2004, Karen Bruner was opera ing a 1998 Chevrolet
Lumina when she was involved in a motor
Christina Temes and Hunter Temes, now deceased.
9. The 1998 Chevrolet Lumina was owned by G
Bruner's alleged boyfriend, on July 7, 2004.
10. Defendant, Karen Bruner, was operating the
with George Shoemaker's permission on July 7, 2004.
11. George Shoemaker was a resident of Defe
household on July 7, 2004.
accident involving
e Shoemaker, Karen
998 Chevrolet Lumina
Karen Bruner's
12. George Shoemaker's 1998 Chevrolet Lumin6 was insured with a
policy of insurance from Motorists Insurance Company on July 7, 2004.
13. As a result of this motor veh
Christina Temes, was injured and her son, Hunter Temes,
Christina Temes, individually, and as administratrix of
submitted a claim to Safe Auto Insurance Company seekinE
accident, Defendant,
killed. Defendant,
of Hunter Temes, has
ayment of this liability
coverage issued to Karen Bruner.
14. Pursuant to Defendant, Karen Bruner's
Auto Insurance Company on July 7, 2004, she was not an
of the policy and liability coverage has been denied.
15. The insurance policy at issue provides, in
policy with Safe
insured under the terms
part, as follows:
We will pay damages, other than punitive or exemplary, for bodily
injury or property damage for which you, a relative or any additional
driver listed on the Declarations Page becomes legally responsible for
because of an auto accident. Liability coverage applies to you while
driving your covered auto and to you while driving a non-owned auto,
if you have permission from the owner to drive the auto. Liability
on the Declarations Page and that is:
3. owned or leased by a resident of your
II. RIGHT TO LIABILITY COVERA
16. Pursuant to the terms of the Safe Auto
individually, and Christina Temes, Administratrix of the
not entitled to Defendant, Karen Bruner's liability
Insurance Company as Defendant Bruner was operating
listed on her Safe Auto policy and was owned by George S
her household on July 7, 2004.
17. Safe Auto Insurance Company has no
provide liability coverage to Defendant, Karen Bruner, as
caused by her at the time of the motor vehicle/pedestrian
WHEREFORE, Plaintiff, Safe Auto Insurance Com
, Christina Temes,
of Hunter Temes, is
e from Safe Auto
vehicle that was not
ker, a resident of
obligation to
result of any injuries
ant of July 7, 2004.
, respectfully requests
this Honorable Court to provide the following declaratory rel
1
2.
Enter an Order declaring that Safe Auto
legal obligation to provide liability covera
reference to injuries claimed as a result of
vehicle/pedestrian accident pursuant to the
policy issued by Plaintiff to Karen Bruner; and
Award such other relief as the Court deems a
JURY TRIAL DEMANDED
Respectfully
Summers, McDon
Guthrie & Skeel,
By:
C. Catanzarit
I for Plaintiff
ance Company has no
to Karen Bruner in
July 7, 2004 motor
of the insurance
riate.
Hudock,
P.
Esquire
PENNSYL ANIA
PERSON L
AUTOMO ILE
POLIO
PENNSYLVANIA FRAUD LAW: ANY PER ON WHO KNOWINGLY
AND WITH INTENT TO DEFRAUD ANY IN
URANCE COMPANY OR
OTHER PERSON FILES AN APPLICATIO FOR INSURANCE OR
STATEMENT OF CLAIM CONTAINING Y MATERIALLY FALSE
INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEAD-
ING, INFORMATION CONCERNING Y FACT MATERIAL
THERETO COMMITS A FRAUDULENT INS RANCE ACT, WHICH IS
A CRIME AND SUBJECTS SUCH PERSON CRIMINAL AND CIVIL
PENALTIES.
AGREEMENT
Definitions Used Throu hout This Policy .......................................... ...1
What You Should Do The Event Of A Loss Or An Accident ......... ...3
Notice Of Auto Acciden t Or Loss ...................................................... ...3
Other Duties ................ .................................................................... ...4
PART 1- LIABILITY COVE GE
Insuring Agreement, ditional Benefits ........................................... ...5
Protection For Others, o Is Not Covered, Exclusions .................. ...6
Limits Of Liability ......... .................................................................... ...8
Other Insurance .......... .................................................................... ...9
PART II - FIRST PARTY BE EFITS COVERAGE
Insuring Agreement, De finitions Used Only In This Part 11 ............... ..10
Accidental Death, Cove red Auto, Funeral Expenses ....................... .. 10
Income Loss, Insured P erson, Medical Expenses ........................... .. 11
Combination Package, Extraordinary Medical Benerds ................... ..13
Non-Economic Loss, S rous Injury, Exclusions .............................. .. 13
Limits of Protection ..... ................................................................... ..14
Priority Of Policies, Co itions ........................................................ ..15
PART III - PHYSICAL DAMA GE COVERAGE
Insuring Agreement ..... ................................................................... .. 16
Losses Not Covered .... ................................................................... .. 17
Limit of Liability ........... ................................................................... .. 19
Transportation Expens is, Rental Reimbursement .......................... .. 19
Towing and Labor ....... ................................................................... ..19
Payment Of Loss, Pre ium Earned On Total Loss ......................... .. 20
No Benefit To Bailee, A ppraisal, Other Insurance ........................... ..20
PART IV - UNINSUREDIUN ERINSURED MOTORISTS COVERAGE
Insuring Agreement ..... ................................................................... ..20
Additional Definitions sed Only In This Part IV .............................. ..21
Uninsured Motor Vehic e ................................................................. .. 21
Underinsured Motor V hide ...................... .................... .. 22
Protection For Others, hose Not Covered ..................................... ..22
Limits Of Protection, Pa yment of Damages ..................................... ..24
Stacked Coverage, U tacked Coverage, Reductions .................... ..25
Trust Agreement, Oth Insurance, Arbitration ................................ ..26
GENERAL PROVISIONS
Valid Driver License, B siness Use Coverage ................................ .. 27
Named Driver Exclusi , Our Right To Recover Payment ............... .. 27
Financed Vehicles, Li holder Deductible ....................................... .. 28
Policy Period And T ............................................................. ..28
Transfer Of This Poli Number Of Covered Autos Allowed ........... ..29
Changes In Your Poli , Cancellation During The Policy Period..... .. 29
Renewal Provisions .... .................................................................... .. 30
Bankruptcy, Fraud Or isrepresentation, Premium Payment.......... .. 31
Late Payment .............. ................................................................... ..31
Financial Responsibili Laws, Suit Against Us ............................... ..32
Punitive Or Exemplary Damages .................................................... ..33
Two Or More Auto Poll 'es, Automatic Termination ........................ .. 33
NAMED OPERATOR END SEMENT (NON-OWNED
AUTOMOBILES).. ... .................................................................... ..33
We agree with you
premium, to insure t
of this policy.
We will insure you
its of liability for wh
larations Page of I
AGREEMENT
in return for your timely payment of
ou subject to the terms and conditions
x the coverages and up to the lim-
h a premium is shown on the Dec-
s policy.
You based upon the information
us in your application for auto in-
•ations Page and your application
contract.
We agree to insure
you representt
surance. The Dacl
are part of this poll
DEFINITIONS U 1
:D THROUGHOUT THIS POLICY
In order to make t is policy easier to understand, we
have explained som key words that are used throughout
this policy. These k words are in bold face print.
Auto means a four wheel passenger, station wagon, or
jeep type vehicle I ensed for use on public roads in-
cluding pickups, de ivery or panel trucks and vans with
a classification of ton or less that is not used in any
business or occup ion other than farming or ranchingg,
unless the auto qu lifies under the business use defi-
nition.
Auto accident is a unexpected and unintended event
that causes bodily injury or property damage and
arises out of the o nership, maintenance, or use of an
auto.
Bodily Injury mean physical harm, sickness or disease,
including death, cau by an auto accident and suffered
by a person.
Business use mea s the use of any auto to convey any
operator between h i er place of employment and an-
other location during the course of the operators employ-
ment and at the d ection of the operator's employer.
Business Use sha t not include any Commercial Use;
however, mileage re mbursement shall not constitute pe-
cuniary gain or com ercial advantage.
Collision means th upset of your covered auto or its
impact with another ehicle or object.
Commercial use
m
rcial
i eans any auto used for pecuniary
but not limited to:
includin
vanta
e
ga
n or com
e g
g
,
use of an auto for the purposes of buying, selling, ex-
changing, distributin , transportation, and/or delivery of
commercial tools, m erials, supplies, and/or finished prod-
ucts. Commercial u s also means any compensated use
of an auto for snow r debris removal on roads or real es-
tate, except at yo u residence. Commercial use also
means carrying of a n person or property for a charge, but
does not apply to s h red expense car pools or any Busi-
ness Use.
Comprehensive means loss caused other than by coili-I
sion. Accidental glass breakage and loss or damage from
missiles or falling objects, fire, theft, larceny, explosion,
earthquake, windstorm, hail, water, flood, malicious mis-
chief, vandalism, not, civil commotion, or contact with a
bird or animal is considered a comprehensive loss.
Covered auto or your covered auto means any auto
described on the Declarations Page and any owned or
leased auto you replace it with. Your covered auto also
means any additional auto, ownership of which you ac-
quire during the policy period if we insure, under this policy,
all autos you own. However, the replacement auto or ad-
ditional auto is insured ONLY if the Named Insured notifies
us within thirty (30) days of acquisition of ownership. Prior
to notification, a replacement auto is subject to the same
coverage as the auto it replaces. Collision and compre-
hensive coverage does not apply to any additional auto
unless specifically requested by the Named Insured prior
to a loss involving the additional auto. A temporary
replacement auto qualifies as a covered auto.
Your covered auto also means a trailer you own or
are using. Physical damage coverage does not transfer
to trailers.
Your covered auto also means other autos you operate with
the permission of the owner, but not for collision or compre-
henstve coverage. Any liability coverage we provide with re-
spect to an auto you do not own or Lease shall be excess over
and above any other collectible insurance covering the auto
you are driving. Your covered auto does not include other
autos owned or leased by you, furnished to or available for
your regular use or any autos owned or leased by any resi-
dent of your household. A temporary replacement auto
qualifies as a covered auto.
Damages mean the cost of compensating those who
suffer bodily injury or property damage from an auto
accident.
Declarations Page is the form from us stating the pol-
icy period, the types of coverage you have elected, the
limit for each coverage, the cost for each coverage, the
specific vehicles covered by this policy, the types of
coverage for each vehicle, and other information appli-
cable to this policy.
Loss, losses means sudden, direct, and accidental
loss or damage.
Motor vehicle is a self-propelled land vehicle on
wheels designed for use on public roads and not run-
ning on rails or tracks and not running by overhead
electric power. Motor vehicle shall not include any ve-
hicle which is used as a residence or premises and
does not include farm type tractors or equipment de-
signed for use off of public roads.
Non-owned auto means any private passenger auto
not owned or lease by you or a relative, furnished to
or available for the regular use of you, a resident, or
any relative, while ' the custody of or being operated
by you or a relative A rented auto is not considered a
non-owned auto.
Property Damage eans physical damage to, destruc-
tion of, or loss opus of tangible property.
Occupying means i , on, getting in, or getting out of a
covered auto.
Relative means a esident living in your household
who is under 21 yea s old, your dependant and related
to you by blood, ma iage, or adoption, including a ward
or foster child_
Resident means a person who physically lives in
your household for Iynger than fourteen (14) consecu-
tive days. Your unmarried, unemancipated children un-
der the age of 24 attending school full-time, living away
from home will be co sidered a resident of your house-
hold
Temporary replace ent auto means any auto not
owned or leased by you, a relative, or a resident,
while your vered auto is being serviced or repaired,
or if it has bcoeen stole or destroyed.
Trailer means a veh cle designed to be pulled by an
auto. It also means farm wagon or farm implement
while being towed by n auto. A trailer is not a mobile
home or a trailer us as an office, store, display, or
passenger trailer.
Use, using, used m ans any utilization of the motor
vehicle as a vehicl including occupying, entering
into and alighting from it.
Vehicle - See Motor ehicle.
We, us, and our refer t Safe Auto Insurance Company.
You, your, yourself eans the person named on the
Declarations Page of his policy as the Named Insured
and the spouse of that erson if a resident of the same
household.
WHAT YOU SHOULD DO IN THE EVENT OF A LOSS
OR N ACCIDENT
NOTICE OF AUTO ACCIDENT OR LOS
In the event of an au accident or loss, you must
report it to us as soon s reasonably possible. You can
report your auto acc:00-723-32881 ant or loss 24 hours a day by
calling toll-free:
1-800-SAFE-AUTO 11 or 614-231-0200
The report must give the time, place, and circumstances of
the auto accident or loss, including the names and ad-
dresses of any injured persons and of any witnesses.
For any accident involving bodily injury or in which
the insured vehicle must be towed from the scene, you
must also file a written report with the appropriate law
enforcement agency within 24 hours of the auto accl-
dent or loss.
OTHER DUTIES
You or any person claiming coverage under this policy
must:
1. Cooperate with us in any matter concerning a
claim or lawsuit and promptly send us any legal
papers received relating to the claim or lawsuit.
2. Submit to physical or mental examination(s) at
our expense by doctors we select as often as we
may reasonably require and authorize us to obtain
medical and other records.
3. Provide any written proofs of loss that we require.
4. Refuse to, except at your own expense, assume
any obligation or -incur any expense other than
medical and surgical care imperative at the time of
the auto accident,
5. Attend hearings and trials as required.
6. Submit to examination(s) under oath upon our re-
quest.
If you are claiming uninsured motorists coverage, you
must file a written report with the appropriate law enforce-
ment agency within 24 hours of the auto accident, if a hit-
and-run motor vehicle is involved. If you were occupying
a motor vehicle at the time of the auto accident, you
must make R available for our inspection.
If you are claiming physical damage, you must take
reasonable steps after the loss to protect the covered
auto and its equipment from further loss. We will pay
reasonable expenses incurred in providing that protec-
tion. YOU MUST FILE A WRITTEN REPORT OF THE
THEFT OR VANDALISM OF YOUR COVERED AUTO
TO THE POLICE WITHIN 24 HOURS OF THE OCCUR-
RENCE. You must also allow us to inspect and appraise
the damaged covered auto before its repair or dis-
posal.
FAILURE TO COMPLY WITH ANY OR ALL OF THE
CONDITIONS ABOVE MAY RESULT IN OUR REFUSAL
TO EXTEND YOU OR ANYONE ELSE REQUESTING
COVERAGE ANY PROTECTION UNDER THIS POLICY
FOR THE AUTO ACCIDENT OR LOSS.
I - LIABILITY COVERAGE
We will pay dam ges, other than punitive or exemplary,
for bodily injury or property damage for which you, a
relative or any dditional driver listed on the Declara-
tions page bec es legally responsible for because of
an auto accide t. Liability coverage applies to you
while driving you covered auto and to you while d0v-
ing a non-owne auto, if you have permission from
the owner to dri the auto. Liability coverage will not
apply to you whi a driving an auto that is not listed on
the Declarations Page and that is:
1. Owned or leased by you; or
2. Available for y ur regular use; or
3. Owned or leas d by a resident of your household
Liability coverage will apply to any other person driving
your covered a o with your permission, provided they
are not a resident f your household and do not use your
covered auto on regular basis.
We will provide lia ility coverage for an auto you rent from
a car rental agen or garage, ONLY while your covered
auto is being servi or repaired, or if it has been stolen
or destroyed.
Any liability co,,e ge we provide with respect to an
auto you do not n or lease shall be excess over and
above any other c Ilectible insurance covering the auto
you are driving.
These benefits ar in addition to our limit of liability for
damages. We wi pay for the cost of investigating the
auto accident an arranging for the settlement of any
pay
claim against you. We will also defend you, hire and
a lawyer and pay al defense costs for the lawyer, hired by
us if someone sues you for damages because of an auto
accident even if th accusations are not true. However,
we have no duty t defend suits for bodily injury and
property damage of covered by this policy. We may in-
vestigate and settle ny claim or lawsuit, as we deem ap-
propriate. We will of be obligated to pa for the cost of
any further investig bon or arrangement for settlement or
defend you further fter we have offered to pay our entire
limit of liability.
We will pay up to $ 00 for the cost of bail bonds required
because of an auto accident, including related traffic law
violations. The auto accident must result in bodily injury
or property damag covered under this policy. We have
no obligation to appl for or furnish a bond.
If the person who s es you tries to tie up your property
by an attachment, a will pay for a bond to release the
attachment. However, we will not pay the premium for
attachment bond amounts that are more than our limit
of liability.
If you lose a lawsuit that we are defending, we will pay
the court costs, including appeal costs if we decide to
appeal. NIa will also pay pre-judgment and post-
judgment interest on the amount of the judgment up to
the policy limits. We will pay this interest from the day
the judgment is entered until we have offered the other
Piarty the amount of the judgment up to the full limits of
ability available under this coverage.
We will pay your expense for first aid to others at the
scene of an auto accident involving an auto we insure.
We will pay other reasonable expense incurred at our
request including up to $25 a day for loss of earnings
because of attendance at hearings or trials at our request.
PROTECTION FOR OTHERS
Anyone using your covered auto with the covered
auto owner's permission, and within the scope of such
permission, has the same rights and obligations that
you have under this coverage. However, this protection
is not afforded to any regular or occasional user of your
covered auto or to any resident of your household,
unless that person is listed as an additional driver on
the Declarations Page. Any change in regular opera-
tors, newly licensed drivers or residents in your house-
hold must be reported to us immediately.
WHO IS NOT COVERED
Neither the United States of America nor any of its
agencies are protected under this coverage.
Anyone for whom the United States government may
be held responsible under the Federal Tort Claim Act is
not protected under this coverage.
In the event of reinstatement, no coverage exists for
any person during the period between the cancellation
date and the reinstatement date.
EXCLUSIONS
LIABILITY COVERAGE AND OUR DUTY TO DEFEND
DO NOT APPLY TO BODILY INJURY OR PROPERTY
DAMAGE:
1. That occurs while your covered auto is being oper-
ated by a resident of your household or by a regu-
lar user of your covered auto, unless that person is
listed as an additional driver on the Declarations
Page.
2. Resulting from a relative's operation or use of a
motor vehicle, other than your covered auto,
which is ci?ned or leased by a person who is a resi-
dent of yo r household.
3. Arising wh le your covered auto is being operated
by a perse who is listed as an excluded driver on
the Decla tions Page.
4. Arising ou of the ownership maintenance, or
use of any motor vehicle, other than your cov-
ered auto, which is owned or leased by you, fur-
nished to o available for your regular use.
5. Arising out Of the ownership, maintenance or use
of anyy mot
wheels. r vehicle with less or more than four
6. Arising out
i f the loading or unloading of any vehi-
cle unless occurs while occupying, entering into,
or alighting om it
roperty owned by, rented to, in charge
7. To you or Ja
of, or traned by you. However, this exclusion
does not to your rented residence or rented
private ga damaged by your covered auto.
8. If your red auto is used without the cov-
ered autwners permission, or outside the
scope of ermission.
9. Sustained your covered auto is being used
to flee or law enforcement official(s).
10. Caused ionally by you orat your direction.
11. If your cd a
uto is used in the commission
of any feincluding theft of your covered
auto.
12. If your ced auto is used in any illicit trade
or transpon.
13. Arising frny prearranged or organized race,
speed coor performance contest.
14. Arising out of the ownership, maintenance,
or use of any motor vehicle during the course of
any business or employment, unless you have
paid a specifi premium for business use cover-
age.
15. Arising out o or in the course of employment.
However, cov rage does apply to a domestic em-
ployees unies benefits are payable or required
to be provide , for the domestic employee under
worker's com nsation law or similar law.
16. To your fellov( employee(s) in the course of his/
her employme t, if such injury arises out of the
use of an au o in the business of his/her em-
ployer. This a elusion does not apply to injuries
for which you are legally liable.
17. If you are operating any motor vehicle in a com-
mercial capacity.
18. If your covered auto is used during the course of
your employment to transport people, including, but
not limited to nursery or school children, medical pa-
tients, clients, migrant workers or hotel/motel guests.
19. If your covered auto is used for snow removal, or
any kind of wholesale or retail delivery, including but
not limited to pizza, magazine, flowers, newspaper,
mail or other business types of delivery.
20. Arising out of the ownership, maintenance or use
of any auto when it is used to carry persons or
property for a charge. This exclusion does not
apply to shared expense car pools.
21. Arising out of an auto business operation, including
but not limited to, the selling, repairing, servicing,
testing, storing, or parking of motor vehicles.
22. Occurring while your covered auto is pulling a
mobile home or a trailer used as an office, store,
display, or passenger trailer.
23. Arising out of,the operation of farm machinery.
24. Arising cut of or due to the use of the covered
auto for transportation of any explosive substance,
flammable liquid, or similarly hazardous material.
25. Assumed by you under any contract or agreement.
26. For any liability imposed upon you by statutes aris-
ing from your sponsorship of a minor for an opera-
tor's license.
27. Caused by war (declared or undeclared), civil war,
insurrection, rebellion, revolution, nuclear reaction,
radiation, radioactive contamination, or any conse-
quence of any of these.
28. To anyone protected at the time of the auto acci-
dent by an atomic or nuclear energy liability in-
surance contract. The reason for this is that, by
law, such policies protect all persons involved in
the auto accident, regardless of who was at
fault.
29. Arising during the period between the cancella-
tion date and time and the reinstatement date
and time.
LIMITS OF LIABILITY
The limit of liability shown on the Declarations Page is the
most we will pay regardless of the number of claims made,
covered autos, ins
cles involved in an a
Your Declarations
1. The amount sl
will pay for all
one person; a!
2. Subject to th
shown for "ea
for all damac
by two or mr
dent; and
3. The amount
most we will
which you be
one auto acc
persons, lawsuits brought, vehi-
accident, or premiums paid.
le shows a split limit:
n for "each person" is the most we
pages due to a bodily injury to
each person" limit, the amount
accident" is the most we will pay
r due to bodily injury sustained
persons in any one auto acci-
sown for property damage is the
pay for all property damage for
ome legally liable as a result of any
The liability limits aiPly to each covered auto as stated on
the Declarations ge. The insuring of more than one
this policy will not increase our liabil-
ity limits beyond mount shown for any one auto, even
though a rate p mium is charged for each auto. The
limits also won't creased If you have other auto insur-
ance policies thay.
person or auto aidma-qes.
The bodily injury or "each person includes the total of
all claims made ch bodily injury and all claims de-
rived from such y injury, including, but not limited to,
loss of ttyy, of companionship, loss of services,
loss of r .ud wrongful death.
No one shall bitled to duplicate payments for the
same elements Any payment to a person under this Part I shall be reduced
by any payment to at person under Part If - First Party
Benefits Coverage, or the same element of damages.
A motor vehicle and attached trailer are considered one
motor vehicle. Therefore, the limits of liability will not be
increased for an au o accident involving a motor vehicle
which has an attach trailer.
This insurance is rimary for any auto owned or leased
by you and that is described on the Declarations
Page, or any addit nal or replacement auto we insure.
If you are using temporary replacement auto or
non owned auto, our liability insurance will be excess
over other collecti le insurance. If more than one policy
applies to an acc dent involving your covered auto,
we will bear our p oportionate share with other collecti-
ble liability jointly r sponsible.
If there is other lability insurance applicable on the
same primary or cess basis as this coverage, we will
pay only our share of the loss. Our share is the propor-
tion that our limit of liability bears to the total of all appli-
cable limits.
PART II- FIRST PARTY BENEFITS COVERAGE
First Party Benefits consist of the following benefits
which may be purchased individually or as a combina-
tion package.
Medical Expenses, Funeral Expenses, Income Loss,
Accidental Death, Extraordinary Medical Benefits and a
Combination Package make up the benefits that are
available under First Party Benefits.
Coverage will apply only with respect to the coverages
appearing on the Declarations Page for which a pre-
mium has been charged.
INSURING AGREEMENT
In accordance with the Pennsylvania Motor Vehicle
Financial Responsibility Law, we will pay First Party
Benefits for:
(a) medical expenses,
(b) income loss,
(c) funeral expenses, and
(d) accidental death
arising from bodily injury to you resulting from the
maintenance or use of a motor vehicle as a vehicle.
Only the First Party Benefits shown as applicable in the
Declarations Page will apply.
DEFINITIONS USED ONLY IN THIS PART It
ACCIDENTAL DEATH
If a premium appears on the Declarations Pane for this
coverage, we will pay for accidental death arising from
bodily injury to the insured person due to an accident
resulting from the maintenance or use of a motor vehicle
as a vehicle. This death benefit will be paid if death occurs
within 24 months from the date of the accident. The death
benefit shall be paid to the executor or administrator of the
deceased's estate.
COVERED AUTO
A motor vehicle to which the bodily injury liability insur-
ance of the policy applies and for which a specific premium
is charged and for which the named insured maintains
First Party Benefits as required under the Pennsylvania
Motor Vehicle Financial Responsibility Law.
FUNERALEXPENSES
If a premium appears on the Declarations Page for this
coverage, we will pay reasonable expenses directly related
to the funeral, bu al, cremation or other form of disposition
of the remains the deceased, insured person. Ex-
penses incurced ust be a result of the death of the in-
sured person as a result of the auto accident and within
24 months from a date of the auto accident.
INCOME LOSS
If a premium app ars one Declarations Page for this
coverage, we wi I pay eighty (13p%) percent of gross
income actually to by an insured person. income loss
includes reasonab a expenses actually incurred for hiring:
(a) a substitute to perform the work of an insured person
who is self a ployed and for which they would have
performed rf n t for bodily injury; or
(b) special help, thereby enabling a person to work,
thereby reduce gloss of gross income.
Income loss does not include:
(a) loss of expect income for any period following the
death of an in ured erson'o
r
(b) expenses inc reed for services performed following
the death of a insured person; or
(c) any loss of in me during the first five (5) working
days the insu person did not work after the acci-
dent because of the bodily injury. These fare (5)
working days d not have to De consecutive.
An insured perso
bons Page as th
listed on the Decl
who sustains bodi
motor vehicle as
also a person who
result of an accidi
Bred auto. An uni
motor vehicle in
parked in a mane
injury.
We will pay reasc
(a) medical treat
(1) medical,
services
(2) medicatie
(3) ambulance.
(b) medical and re
is a person named on the Deelara-
named insured, an additional driver
ations Page and any other person
injury while occupying the insured
passenger. An insured person is
a non-occupant who is injured as a
it in Pennsylvania involving the cov-
cupied parked covered auto is not a
Ived in an accident unless it was
as to create an unreasonable risk of
and necessary charges for.
including but not limited to:
ital, surgical, nursing and dental
medical supplies and prosthetic de-
services, including but not
10
limited to:
(1) medical care;
(2) licensed physical therapy, vocational rehabilitation
and occupational therapy;
(3) osteopathic, chiropractic, psychiatric and psycho-
logical services;
(4) optometric services, speech pathology and audio
logy.
(c) nonmedical remedial care and treatment rendered in
accordance with a recognized religious method of
healing.
Payment of medical expenses will be made pursuant to
Section 1797 (a) of the Pennsylvania Motor Vehicle Finan-
cial Responsibility Law, and as it may be amended.
All medical treatment and medical and rehabilitative serv-
ices must be provided by or prescribed by a person or
facility approved by the Department of Health, the equiva-
lent governmental agency responsibility for health pro-
grams or the accrediting designee of a department or
agency of the state in which those services are provided.
We use Peer Review Organizations (PRO) which have
been approved by the Insurance Commissioner to evalu-
ate whether or not:
1. treatment;
2. health care services;
3. products; or
4. accommodations;
which were provided conform to professional standards of
performance and were reasonable and medically neces-
sary. We, the injured person or the provider may request a
reconsideration by the PRO within 30 days of the PRO's
initial determination. This request for reconsideration as to
the reasonableness and necessity of treatment must be
made pursuant to Section 1797 (b) of the Pennsylvania
Motor Vehicle Financial Responsibility Law, and as it may
be amended.
If we refuse payment of a provider's bill and do not chal-
lenge it before a PRO within 90 days of receipt, the injured
person may ask the court to review our refusal to pay.
This 90 day provision does not apply to continuing treat-
ment or services.
Payment of medical expenses incurred after 18 months
from the date of the accident causing bodily in ury shall
be made only if within 18 months from the date Vthe acci-
dent, it is ascertainable with reasonable medical probability
that further expenses may be incurred as a result of the
injury.
If a premium app ars on the Declarations Page for the
Combination Pa ge, we will pay for medical expenses,
funeral expenses, income loss, and accidental death as
described and li ted above. Our payment is limited to
$177,500 in the a gregate or to the expenses or losses
incurred within thr (3) years from the date of the acci-
dent, whichever occurs first However, within this
$177,500, we will y no more than $25,000 for an acci-
dental death bene t or $2,500 for funeral expenses.
If a premium app IT on the Declarations Page for this
coverage, we will pay benefits for reasonable and neces-
sary medical ex uses in excess of $100,000 arising from
bodily injury to n insured person. The injury must be
due to an accida t resulting from the maintenance or use
of a motor vehic a as a vehicle. We will pay these bene-
fits regardless of ult.
No benefits will paid under this coverage until such
medical expense exceed $100,000.
Subject to a life me aggregate limit of $1,000,000, the
most we will pa on behalf of an insured person as a
result of one acci ant Is $50,000 per year. However, dur-
ing the first 18 m nths of eligibility, we will make payments
in excess of the 50,000 per year limit, subject to the life-
time aggregate Ii it of $1,000,000.
monetary
is pain and suffering and other non-
A personal injuryresulting in death, serious impairment of
bodily function or permanent serious disfigurement.
EXCLUSIONS
FIRST PARTY B NEFITS COVERAGE DOES NOT APPLY
TO BODILY INJ Y:
1. Sustained b any person, who is the owner of a cur-
rently regist red motor vehicle for which Financial
Responsibil" is not provided, while occupying or
when str uck y that motor vehicle.
2. Sustained b any person while occupying a motor-
cycle, moto -driven cycle, motorized pe alcycle or
like type v hicie required to be registered under
Title 5 or recreational vehicle not intended for
highway us or any other type of motor vehicle not
required to a registered under Title 75.
3. Sustained t
relative or
anyone we protect other than you, a
n individual specifically named on the
12 U
Declarations Page for this coverage and that per-
son's relative, who knowingly steals a motor vehi-
cle if the bodily injury arises out of the mainte-
nance or use of the stolen vehicle.
4. To any person when the conduct of that person
contributed to the bodily injury sustained by that
person while intentionally injuring or attempting to
intentionally injure himself or another.
5. To any person when the conduct of that person
contributed to the bodily injury sustained by that
person while committing a fe?ony.
6. To any person when the conduct of that person
contributed to the bodily in sustained by that
person while seeking to elute lawful apprehension
or arrest by a law enforcement official.
7. To any person engaged in the business of repair-
ing, servicing, or otherwise maintaining motor ve-
hicles if the bodily injury arises out of that busi-
ness unless the conduct occurs off the business
premises.
8. Sustained by any person as a direct result of load-
ing or unloading any motor vehicle.
9. Sustained by any person while occupying any mo-
tor vehicle used as a residence or premises.
10. Caused by war (declared or undeclared), cfvif"warI
insurrection, rebellion, revolution, nuclear reaction,
radiation, radioactive contamination, or any conse-
quence of any of these.
11. Sustained by any person not occupying a motor
vehicle, other than the named insured, if the acci-
dent occurs outside the Commonwealth of Penn-
sylvania.
LIMITS OF PROTECTION
We will pay First Party Benefits to you for any one acci-
dent up to the limit of First Party Benefits limits you have
selected as shown on the Declarations Page for one
covered auto. Benefits will not be increased for you by
adding together the limits of protection under this policy
because there are multiple motor vehicles covered under
this policy or under multiple motor vehicle policies covering
you for the same loss. Any amount payable by us for
medical expenses greater than $100,000 shall be excess
over any amount paid or payable under Extraordinary
Medical Benefits, and First Party Benefits shall be excess
over all benefits that any person we protect receives or is
entitled to receive under any worker's compensation law or
similar law.
We will pay First Party Benefits in accordance with the
following order of priority. We will not pay if there is an-
other insurer at a higher level of priority even if that
other insurer has paid its limits. The priority levels
shown below are i descending order from highest to
lowest:
First - The insurer providing benefits to you as an
named insured under its policy.
Second - The ins rer providing benefits to you pro-
vided you are not named insured under another pol-
icy providing cove age under the Pennsylvania Motor
Vehicle Financial R sponsibility Law.
Third - The insurer of the motor vehicle which you are
occupying at the time of the accident.
Fourth - The insurer providing benefits on any motor
vehicle involved in the accident if you were not occu-
pying a motor ve icle and provided covered coverage
under any other pol cy.
For the purposes of determining priorities, an unoccu-
pied parked motor vehicle is not a motor vehicle in-
volved in an accident unless it was parked in a manner
as to create an unreasonable risk of injury.
If two or more poli ies have equal priority the insurer
against which the aim is first made shall process and
pay the claim as if wholly responsible. The insurer is
then entitled to rec ver contributions pro-rata from any
other insurer for th benefits paid and the cost of proc-
essing the claim. Under the Fourth priority, proration
shall a based on t e number of involved motor vehi-
cles. In addition, i two or more policies have equal
priority, the maximu recovery under all policies will not
exceed the amoun payable under the policy with the
highest dollar limits of benefits. No one shall be entitled
to receive duplicat benefits for the same elements of
loss under this or any other similar automobile insur-
ance including self-insurance.
CONDITIONS
1. Medical report nd/or proof of claim. As soon as
practicable you r anyone we insure, or by someone
on such person' behalf, shall give us written proof
of claim under ath if required, fully describing the
nature and exte it of bodily injury, treatment and
rehabilitation received and contemplated and other
information to a sist us in determining the amount
due and oavable
You or anyone %
physical examiro
when and as of
We will pay the c
insure shall submit to mental and
ms by physicians selected by us
as we may reasonably require.
is of such examinations.
14 15
You or anyone we insure (or, in the event of such
person's incapacity, such person's legal representa-
tive) shall, if we request, sign papers to enable us to
obtain medical reports and copies of records. A copy
of such medical report will be forwarded to such per-
son we protect upon such person's written request.
If benefits for income loss are claimed, you or any-
one we insure presenting such claim shall authorize
us to obtain details of earnings paid to such person
by an employer or earned since the time of the injury
or during the year immediately preceding the date of
the accident.
2. Customary charges for treatment. The amount we
pay a person or institution providing treatment,
accommodations, products or services to an in-
sured person for an injury covered by medical
expense benefits shall not exceed the amount the
person or institution customarily charges for like
treatment, accommodations, products and services
in cases involving no insurance.
3. Non-Duplication of Benefits. No one we insure
shall recover duplicate benefits for the same ele-
ments of loss under this or any other similar auto-
mobile insurance including self-insurance.
4. Other Insurance. Ifan insured person is the
named insured, a relative, or the occupant of a
covered auto, we shall not be liable for a greater
proportion of any loss than this policy's limit of liabil-
ity bears to the sum of all limits of liability of all appli-
cable insurance and self-insurance. The maximum
recovery shall not exceed the amount payable under
the insurance or self-insurance providing the highest
dollar limit.
If the insured person is not the named insured, a
relative or the occupant of the covered auto, our
share shall be based on the number of motor vehi-
cles involved in the accident.
PART III- PHYSICAL DAMAGE COVERAGE
INSURING AGREEMENT
If you pay a specific premium for collision and compre-
hensive coverage, we will pay for direct and accidental
loss to your covered auto, less any applicable deductible
shown on the Declarations Page for your covered auto.
We do not cover physical damage on a temporary re-
placement auto; however, physical damage coverage
will transfer to an auto you rent from a car rental
agency or garage while your covered auto is being
repaired as a result of a covered loss. A covered loss
is defined as a loss that occurs during our policy period
in which our Physical Damage Coverage applies.
PHYSICAL DAMAC
TO:
1. A loss that occ
ing operated by
a regular user
person is listed
larations Page
2. A loss resultin
of a motor vet
which is owned
dent of your h(
COVERAGE DOES NOT APPLY
us while your covered auto is be-
a resident of your household or by
)f your covered auto, unless that
as an additional driver on the Dec-
from a relative's operation or use
)le, other than your covered auto,
)r leased by a person who is a resi-
3. A loss that occ urs while your covered auto is be-
ing operated b a person that is listed as an ex-
cluded driver o the Declarations Page.
4. A loss arising ut of the ownership, maintenance,
or use of any otor vehicle, other than your cov-
ered auto, wh ch is owned or leased by you, fur-
nished to or av, iiable for your regular use.
5. A loss caused
6. A loss while yo
ment, lease, cc
cumbrance not
this policy.
7. A loss to any
whether or not
manufacturer: c
their accessorie
devices; home I
scanning mom
equipment desi
ties.
a camper body or trailer.
covered auto is subject to any bell-
tonal sale, mortgage, or other en-
.cifically declared and described on
the following optional equipment
by the original auto
tor install
elephone eq ipment; televisions or
r antennas; radar or laser detection
fidelity equipment; two-way radios;
receivers; awnings, cabanas or
d to provide additional living facili-
8. A loss to weari g apparel or personal effects.
9. A loss while y ur covered auto is used without
the covered to owner's permission, or outside
the scope of th it permission.
10. A loss while your covered auto is used to flee or
elude law enfo ement official(s).
11. A loss caused
tion.
12. A loss while i
commission o1
covered auto.
13. A loss while y
licit trade or tra
14. A loss while yc
paring for an
by you or at your direc-
our covered auto is used in the
any felony, including theft of your
auto is used in any il-
r covered auto is driven in or pre-
prearranged or organized race,
16 17
speed contest, or performance contest.
15. A loss due to conversion or embezzlement by any
person in possession of your covered auto.
16. A loss while your covered auto is used during the
course of any business or employment, unless you
- have paid a specific premium for business use
coverage.
17. A loss while your covered auto is being used in a
commercial capacity.
18. A loss while your covered auto is used during the
course of your employment to transport people,
including but not limited to nursery or school chil-
dren, medical patients, clients, migrant workers, or
hotel/motel guests.
19. A loss while your covered auto is used for
snow removal or any kind of wholesale or retail de-
livery, including but not limited to pizza, magazine,
newspaper, flowers, mail or other business types of
delivery.
20. A loss while your covered auto is used to carry
persons or property for a charge. This exclusion
does not apply to shared-expense car pools.
21. A loss to your covered auto when used in an auto
business operation, including but not limited to the
selling, repairing, servicing, testing, storing or park-
ing of motor vehicles or trailers.
22`A loss while your covered auto is pulling a mobile
home or a trailer used as an office, store, display,
or passenger trailer.
23. A loss arising out of or due to the use of your cov-
ered auto for transportation of any explosive sub-
stance, flammable liquid, or similarly hazardous
material.
24. A loss resulting from manufacturer's defects,
wear and tear, freezing, mechanical or electrical
breakdown or failure, or road damage to tires.
However, coverage does apply if the damage is the
result of other loss covered by this policy.
25. Loss to any optional equipment not factory installed
by the original auto manufacturer.
26. A loss caused by war (declared or undeclared), civil
war, insurrection, rebellion, revolution, nuclear reac-
tion, radiation, radioactive contamination, or any con-
sequence of any of these.
27. A loss caused by anyone protected at the time of
the auto accident by an atomic or nuclear energy
liability insurance contract. The reason for this is
that by law such policies protect all persons in-
volved in
at fault.
auto accident, regardless of who was
28. A loss f which the United States Government is
liable andrr the Federal Tort Claims Act.
29. A loss orJauto accident which occurred during the
period between the cancellation date and time and
the reinstatement date and time.
Our maximu limit of liability for losses is the actual cost
to repair or r place the damaged property. Payment will
not exceed t actual cash value of the property at the
time of the 1 s. If the loss is a part thereof, the payment
will not excee the actual cash value of such part at the
time of loss nor what it would then cost to repair or
replace the pr perty or such part thereof with other of like,
kind, and quail . All payments are reduced by the applica-
ble deductible shown on the Declarations Page.
We will pay u to $10 per day, to a maximum of $300, for
transportation xpenses incurred by you. This applies only
in the event of the theft of your covered auto. We will pay
only transportation expenses incurred during the period
beginning 48 ours after the theft has been reported to us
and the police, and ending when your covered auto is
returned to use or we pay for its loss.
When there
described on
premium char
erage is afforc
incur to rent a
age applies or
than 24 hours
ered under th
payment will
required to re
auto is stolen
us, we will pa
to ppay for the
imbursement
$600. The mi
transportation
rence is $600.
If you pay a
we will pay toN
covered autc
Declarations
most we will I
(6) occurrence
'a r6ss to one of your covered autos
ie Declarations Page for which a specific
le indicates that rental reimbursement cov-
.d, we will reimburse you for expenses you
temporary replacement auto. This cover-
y if the auto is withdrawn from use for more
and the loss is caused by collision or cov-
r comprehensive part of this policy. Our
e limited to the period of time reasonably
lair or replace the auto. If your covered
Ind not recovered or declared a total loss by
up to five (5) days after we make an offer
>ss. The most we will pay under rental re-
;overage is $20 per day to a maximum of
st we will pay for rental reimbursement and
expense coverage in any one (1) occur-
pecific premium for towing and labor costs,
ring and labor costs incurred each time your
is disabled, up to the amount shown on the
Page as applicable to that vehicle. The
ay per occurrence is $40, not to exceed six
s per 6 month policy period. We will only pay
18 19
for labor performed at the place of disablement, provided
disablement does not occur at your place of residence.
PAYMENT OF LOSS
We may pay for the loss in cash or we may repair or
replace the damaged or stolen property. We may take
all or part of the damaged property at the agreed or
appraised value. Before a loss is paid or the property
is replaced, we may return any stolen property to you
at our expense with payment for any damage.
We may settle any loss either with you or the owner of
the property.
PREMIUM EARNED ON TOTAL LOSS
In the event a claim under any of the physical damage
coverages for which a separate premium is shown on
the Declarations Page results in the payment of a total
loss, that portion of the premium that has not been fully
earned as of the time of cancellation will be refunded to
you.
NO BENEFIT TO BAILEE
This coverage shall not directly or indirectly benefit any
carrier or other bailee liable for loss to your covered
auto.
APPRAISAL
If we and you do not agree on the amount of loss, either
may demand an appraisal of the loss. In that event, each
party will select a competent and disinterested appraiser.
The two appraisers will select a third appraiser to decide
any differences. Each appraiser will state separately the
actual cash value and the amount of the loss. An award in
writing by any two appraisers will determine the amount
payable. Each party will pay its chosen appraiser and bear
the expense of the third appraiser equally.
We do not waive any of our rights under this policy by
agreeing to an appraisal.
OTHERINSURANCE
If other insurance also covers the loss, we will pay only
our share of the loss. Our share is the proportion that
our limit bears to the total of all applicable limits.
PART IV - UNINSURED/UNDERINSURED
MOTORISTS COVERAGE
INSURING AGREEMENT
If you pay a specific premium for uninsured or underin-
sured motorists coverage, we will pay damages, other
than punitive or exemplary or attorney fees, ONLY for bod-
ily injury physically sustained by you which you are
legally entitled to receive from the owner or operator of an
uninsured or underinsured motor vehicle. We will pay
the damages you
pying your cover
struck by an uninSL
The owners or opei
arise out of the ov
uninsured or unde
:r in an auto accident while occu-
auto as a result of having been
or underinsured motor vehicle.
's liability for these damages must
ship, maintenance, or use of the
ured motor vehicle.
If you sue a perso believed to be responsible for the
accident, we aren bound by any resulting judgment
unless we receive reasonable notice of the dependency of
the lawsuit resulting n the judgment and had a reasonable
opportunity to prof our interest in the lawsuit.
Any judgment for damages arising out of a lawsuit
brought without o r written consent is not binding on
us.
We will pay under this coverage damages caused by
an auto accident ith an underinsured motor vehi-
cle only after the I mits of liability under any applicable
txxiily injury liability onds or policies have been exhausted
by payment of ludg ents or settlements.
An uninsured mot r vehicle is a motor vehicle for which
there is naliability i surance or self-insurance applicable at
the time of the acci en'.
An uninsured m for vehicle also includes a motor
vehicle which has insurance available at the time of the
auto accident, b t the company writing the insurance
is or becomes ins Ivent or denies coverage.
An uninsured mo r vehicle is a hit-and-run motor vehi-
cle that strikes y u while you are occupying your
covered auto, 9 either the driver nor the owner of the
hit-and-run motor chicle can be identified. If the acci-
dent involved bod' injury or the insured vehicle had to
be towed from the ccident scene, the accident must be
reported to the p r authorities within 24 hours or as
soon as possible. a must be notified within 30 days. If
you were occupy g the vehicle at the time of the acci-
dent, we have a ht to inspect it. If there is no physical
contact with the hi and-run vehicle, the facts of the acci-
dent must be pro ed by competent evidence other than
the testimony of t person making claim under this cov-
erage.
An uninsured in for vehicle is not a vehicle that is
owned or leased you, a relative or an additional driver
that appears on th Declarations Page.
An uninsured
circumstances,
or vehicle does not include, under any
r covered auto.
20 21
UNDERINSURED MOTOR VEHICLE
An underinsured motor vehicle is a motor vehicle
for which there is a bodily injury policy or liability bond
available at the time of the auto accident with less than
the limits of liability shown on the Declarations Page of
this policy for underinsured motorists coverage.
An underinsured motor vehicle is a motor vehicle
for which there is a bodily injury policy or liability bond
available at the time of the auto accident but the limits
of that policy or bond are reduced by payments to per-
sons, other than persons insured, injured in the auto
accident to less than the limit of liability for underin-
sured motorists coverage.
An underinsured motor vehicle does not include, under
any circumstances, your covered auto.
An underinsured motor vehicle is not an uninsured
motor vehicle.
PROTECTION FOR OTHERS
Anyone occupying your covered auto, with your per-
mission, has the same rights and obligations that you
have under this coverage.
THOSE NOT COVERED
THIS COVERAGE DOES NOT APPLY TO:
1. A loss that occurs while your. covered auto is being
operated by a non-reladve resident of your house:.,
hold, or by a regular user of your covered auto, un-
less that person is listed as an additional driver on the
Declarations Page.
2. A loss resulting from a relative's operation or use
of a motor vehicle, other than your covered auto
which is owned or leased by a person who is a resi-
dent of your household.
3. Anyone occuppying your covered auto when it is
being driven by a person that is listed as an ex-
cluded driver on the Declarations Page.
4. Bodily injury to you which is caused by your
spouse or a member of the family who is a resi-
dent of your household.
5. You, if you or your legal representative, settles a
claim without our consent.
6. Anyone occupying or through being struck by any
motor vehicle, other than your covered auto,
which is owned or leased by you, fumished to or
available for your regular use. This includes a
trailer of any type used with that motor vehicle.
7. Anyone occupying a motor vehicle driven without
the owner's per
permission.
8. A loss while c
elude law enfor
9. A loss caused
lion.
10. A loss while y
commission of
covered auto.
11. A loss while yo
trade or transoo
or outside the scope of that
covered auto is used to flee or
lent official(s).
by you or at your direc-
)ur covered auto is used in the
any felony, including theft of your
covered auto is used in any illicit
12. A loss while your covered auto is driven in or pre-
paring for any prearranged or organized race,
speed contest, lor performance contest.
13. Anyone while
it is used duri
ployment, unit
for business
14. A loss occurr
if benefits are
worker's coml
15. Anyone occu
used in an a
not limited to
ing, storing, c
ers.
16. Anyone while
in a commerc
17. Anyone while 4
is used duri
transport wp
school transport
workers or hot
18. Anyone occul
for snow remi
delivery, induc
newspaper, fk
delivery.
19. Anyone occul
carry persons
does not aooh
20. A loss caus4
civil war, ins
reaction, ra d
any consequ
21. Anyone
period t
the rein
:cupying your covered auto when
3 the course of any business or em-
s you have paid a specific premium
re coverage.
g during the course of employment
ayabie or must be provided under a
nation law or similar law.
ring your covered auto when it is
o business operation, including but
ie selling, repairing, servicing, test-
parking of motor vehicles or trail-
3w are operating any motor vehicle
I capacity.
cupying your covered auto when it
the course of your employment to
including but not limited to nursery or
medical patients, clients, migrant
motel guests.
Ing your covered auto if it is used
al, or any kind of wholesale or retail
g but not limited to pizza, magazine,
ers, mail or other business types of
ng your covered auto if it is used to
property for a charge. This exclusion
shared-expense car pools.
by war (declared or undeclared),
?cbon, rebellion, revolution, nuclear
ion, radioactive contamination, or
:a of any of these.
ing your covered auto during the
the cancellation date and time and
it date and time.
22 23
THIS COVERAGE DOES NOT APPLY TO AN UNIN-
SURED OR UNDERINSURED MOTOR VEHICLE:
1. Owned or leased by you, furnished to or available
for your regular use, unless said motor vehicle is
listed on the Declarations Page.
2. Owned or operated by a self-insurer within the
meaning of any motor vehicle financial responsi-
bility law, motor carrier law or similar law.
3. Owned by any governmental authority or agency.
4. Any vehicle that is not a motor vehicle or is not
required to be registered as a motor vehicle.
LIMITS OF PROTECTION
The limit of uninsured motorists or underinsured motorists
txxlily injury liability shown on the Declarations Page for
"each person" is the maximum we will pay for bodily
injury sustained by one person in any one auto accident,
including all injuries and damages to others resulting from
this bodily injury. Subject to this limit of "each person",
the limit of uninsured motorists or underinsured motorists
bodily injury liability shown on the Declarations Page for
.each accident" is the maximum we will pay for bodily in-
jury sustained by two or more persons in the same auto
accident.
This is the most we will pay regardless of the number of
autos described on the Declarations Page, persons
insured, motor vehicles insured, claims, claimants, poli-
cies, or motor vehicles involved in the auto accident.
In determining the amount payable under this Part IV,
the amount of damages which an insured person is
entitled to recover shall be reduced by all sums paid
because of bodii injury by or on behalf of any person
or organization who may be legally responsible for your
bodily injury, including, but not limited to, all sums paid
under Part I - Liability paid or payable under Part 11 -
First Party Benefits, Part IV - Uninsured/Underinsured
Motorists and paid or payable because of bodily injury
under workers' compensation law or disability benefits
law. However, this reduction shall not reduce the
amount payable under this Part IV - Uninsured/
Underinsured Motorists Coverage below the minimum
amount of uninsured motorist coverage required by
Pennsylvania law.
PAYMENT OF DAMAGES
We may pay you, your legal representative, the surviv-
ing spouse or anyone authorized by law to receive pay-
ment.
When multiple policies apply, payment shall be made in
the following order of priority:
1. A policy covering the motor vehicle the injured
person is oc upymg at the time of the accident.
2. A policy cov ring a motor vehicle not involved in a
the accident with respect to which the injured per-
son is an ins red.
If two or more p licies have equal priority the insurer
against which th claim is first made shal process and
pay the claim as if wholly responsible. Thereafter, the
insurer is entitled to recover a pro rata contribution from
any other insurer for the benefits paid and claims costs
incurred. If we a e the insurer against which the claim
is first made, w will not pay more than our Limit of
ProtectioInumb No one ll be Milled to duplicate payments for the
same elents o damages.
STACKEOVE AGE
If you hase Stacked Uninsured Motorist and/or
Stacked erins red Motorists Coverage and you are
injured, ill p y no more than the applicable sum of
the Unied o Undernsured Motorists coverage
limits shon t e Declarations Page. If the injured
person iyone other than you, we will pay no more
than the licab Uninsured or Underinsured Motor-
ists Cove limi s shown on the Declarations Page
for the cred a to involved in the accident, regard-
less of tumb r of persons we protect, autos w
insure, piums aid, claims made or autos involvel
in the aent. If none of the covered autos are
involved e ac ident, the highest limit ofUninsured
or Undered otorists Coverage applicable to any
one covauto will apply.
UNSTACD CO ERAGE
If you purchase nstacked Uninsured Motorist and/or
Unstacked Underi sured Motorists Coverage, we will
pay no more th n the Uninsured or Underinsured
Motorists Coverag limits shown on the Declarations
Page for the cov red auto involved in the accident,
regardless of the n mber of persons we protect, autos
we insured, premi ms paid, claims made or autos in-
volved in the acci ent. If none of the covered autos
are involved in th accident the highest limit of Unin-
sured or Underins red Motorists Coverage applicable
to any one cover auto will apply.
REDUCTIONS
The amount ofd a es paid or ayable under this
Uninsured or Und rinsured Motorist Coverage will be
reduced by:
1. the amounts p id or payable by or for those liable
for bodily inju to you or anyone we protect;
24 25
2. the amounts paid or payable to you or anyone we
protect under Part 1 - Liability Coverage of this
policy.
TRUST AGREEMENT
When we pay your damages under this coverage, you
or your legal representative must agree in writing to
repay us out of any damages recovered from anyone
responsible for your injuries. You or your legal repre-
sentative must also agree in writing to hold in trust and
preserve for us all rights of recovery.
At our request, you must take any necessary action to
recover the payments we have made under this coverage.
You must do so in your own name and through a repre-
sentative we select Any payments made under this
coverage and recovered from the at-fault party must be
repaid to us. Expenses of recovery will be repaid to us
out of any damages recovered.
OTHERINSURANCE
If you were in, on, getting into or out of a vehicle you
do not own which is insured for this coverage under
another policy, this coverage will be excess. This
means that when you are legally entitled to recover
damages in excess of the other policy limit, we will pay
up to your policy limit, but only after the other insurance
has been exhausted.
If this policy and one or more other policies apply to a
motor vehicle accident on a primary basis, we will bear
our proportionate share, as it applies to the total limits
available, up to the full limits of liability for this coverage
under this policy.
If the: a is other applicable insurance available under more
than one policy, any recovery for damages for bodily
injury sustained by a person insured may not exceed the
highest of the applicable limit of any one vehicle under
this insurance or any other insurance.
We will not pay for any damages which would duplicate
any payment made for damages under any other insur-
ance.
Disagreement over the legal right to recover damages
from the owner or operator of an uninsured motor vehi-
cle or underinsured motor vehicle or the amount of
damages may be settled by arbitration if both the insured
person and we agree to settle it by arbitration. The deci-
sion of the arbitrators will be binding on these two issues.
However, the amount of damages can never exceed the
Uninsured or Underinsured Motorists Coverage limits
shown on the Declaration Page.
All other disagreements shall be decided by a court of
competent jurisdic on and not by arbitration. Disagree-
ments to be dete ined by such court include, but are not
limited to:
1. Stacking;
2. Residency;
1 Statutes of limitations,
4. Whether a claimant is a person we protect under this
coverage;
5. The validity of coverage selections or waivers exe
cuted pursuant to the Pennsylvania Motor Vehicle Fi-
nancial Respo sibility Law.
GE li PROVISIONS
Any coverage affo red under any section of this policy
when the covered uto is being operated by a person who
is not a qualified, li nsed driver, or is without a valid driver
license, or whose diver license is expired, revoked or sus-
pended, or is in violation of any condition of their driving
privileges, or is wit out privileges to drive for any reason
may be subrogated against you, the auto's operator, and/
or the auto's titleho der.
If you pay a specifi premium for business use coverage,
we will pay for direct and accidental loss that occurs while
you are operatirf your covered auto and traveling
between locations luring the course and within the scope
of your employme t, subject to the coverages shown on
your Declaration Page and all the terms, provisions,
conditions and excl sions described throughout this policy.
If you have asked
age under this pol
loss, the exclude
auto, a nonowni
auto, then no co,
under any part of tr
FOR DAMAGES N
PERSON OR OR(
LIABLE FOR AN A
ERATION OF A
AUTO OR A TEM
THE EXCLUDED (
In the event of any
right to recover fror
You and anyone v
any legal papers A
to exclude any person from cover-
and at the time of an accident or
person is operating your covered
auto or a temporary replacement
age will be provided for any claim
)olicy. THIS INCLUDES ANY CLAIM
)E AGAINST YOU OR ANY OTHER
41ZATION THAT IS VICARIOUSLY
IDENT ARISING OUT OF THE OP-
iVERED AUTO, A NON-OWNED
RARY REPLACEMENT AUTO BY
3yment under this policy, we have the
anyone who may be held responsible,
protect must sign and deliver to us
may require relating to that recovery,
26 1 27
do whatever else is necessary to help us exercise those changed by
rights and do nothing after a loss to prejudice our rights. your coven
Our right to recover does not apply if we make payment America, its
under physical damage coverage against anyone using while your
your covered auto with reasonable belief that that person their ports.
is entitled to do so. rm A& ,,-
When you and anyone we protect have been paid
damages by us under this policy and also recover from
another, the amount recovered from the other shall be
held by you in trust for us and reimbursed to us to the
extent of our payment.
In the event we become obligated to make a payment
because of a loss for which there would be no cover-
age under any terms, conditions or provisions of this
policy, then you must reimburse the company for any
payment or expense incurred by us.
reinstatement by us. Coverage applies to
auto while it is within the United State of
rritories or possessions and Canada, or
rered auto is being transported between
This policcyy can of be transferred to any person or organi-
zation Hnthout ur written consent. However, if you die,
ovide protection until the end of the policy
this policy will 01
period (provid premium due has been paid), for the legal
representativeand those persons who were protected on
Four is the mon ximum number of covered autos that
may be listed this policy.
FINANCED VEHICLES
If a lienholder or additional interest is shown on the
Declarations Page, we may pay any comprehensive
or collision loss to:
1. You and/or the additional interest and the repair facil-
ity; or
2. You and/or the additional interest and such lienholder
or additional interest, as their interest may appear,
when we find it is not practical to repair your covered
auto; or
3. The lienholder or the additional interest, as to their in-
terest, I your covered auto has been repossessed.
A lienholder or additional interest's benefits under this
policy are limited to and may not exceed those benefits
and/or rights to which the Named Insured is entitled.
LIENHOLDER DEDUCTIBLE
The deductible amount that applies to losses adjusted
and payable to the lienholder for their interest shall be
no more than $250 per loss on comprehensive and
collision coverage. This deductible will apply only
when your covered auto is a total loss, and when loss
or damage causes it to be repossessed by or surren-
dered to the lienholder. All other losses shall be subject
to the deductible amounts shown on the Declarations
Page.
This policy con ins all the agreements between you and
us. Only the N med Insured appearing on the Declara-
tions Page may request changes to the policy.
This policy can my be changed by an endorsement is-
sued by us. If change requires a premium adjustment,
we will adjust th premium as of the effective date of the
change. We will utomatically give you the benefits of any
extension or br Bening of this policy effective the date the
Pennsylvania D partment of Insurance approves the
change and d th change does not require additional pre-
mium.
The premium for each term of this policy is determined by
nformation in ou possession at the inception date of that
term. Any chan 10 e m this information which would affect
the rating of your olicy gives us the right to make an addi-
tional charge or efund on a pro-rata basis. REGARD-
LESS OF PREMI M CHANGE, YOU HAVE A DUTY TO
INFORM US OF NY SUCH CHANGE (including but not
limited to change in: vehicles, use of vehicles, Named
Insured's and ad tonal divers' occupations which would
affect the in in hick the vehicle is used, marital status,
garaging address, residents in household, children eligible
to drive, medical ns, impairments or physician's restric-
tions that may im it or resfict an operator's ability to op
erate a motor vehr le, or moving out of the Commonwealth
of Pennsvlvania.l
POLICY PERIOD AND TERRITORY
This policy applies only to auto accidents and losses that
occur during the policy period shown on the Declarations
Page. In the event we accept your late payment and rein-
state your policy, we will not cover any loss or auto acci-
dent which occurred during the period between the cancel-
lation date and time and the reinstatement date and time.
Your policy expiration and/or renewal date will remain un-
28
The Named Insur
may cancel this l:
us in writing the i
wishes the cane
mium will be con
that we will retail
were protected.
will be applied to
earing on the Declarations Page
y returning it to us or by advising
date and time the Named Insured
to be effective. The earned pre-
on a pro-rata basis. This means
ium for only those days that you
der, a $25.00 cancellation charge
cy canceling per insured request
29
We will not refuse to issue or cancel this policy solely
because of your age, sex, race, color, creed, religion,
national origin, ethnic group, ancesW marital status, or
residence within the Commonwealth of Pennsylvania.
We may cancel this policy by mailing notice of cancellation
to you at the address shown on the Declarations Page or
by delivering the notice. The earned premium will be com-
puted on a pro-rata basis. This means that we will retain
premium for only those days that you were protected. The
effective date of the cancellation stated in a notice is the
end of the policy period. However, if we cancel your policy
due to nonpayment of premium, and we choose to rein-
state your policy after receipt of your overdue payment,
your policy expiration and/or renewal date will remain
unchanged by the reinstatement. In the event we accept
your late payment and reinstate your policy, we will not
cover any loss or auto accident which occurred during
the period between the cancellation date and time and the
reinstatement date and time. Proof of mailing a notice of
canceilation shall be sufficient proof of notice. All fees are
fully earned on any insured initiated cancel, including non-
payment of premium.
We have the ri ht to cancel this policy for any reason
within the first fi -nine (59) days from its inception, with
at least a fifteen 15) day notice of cancellation.
If we do not cancel this policy within its first fifty-nine
(59) days or upon renewal, then we can only cancel this
policy for any of the following reasons:
With at least a fifteen (15) day notice of cancellation for:
Non-payment of premium.
If the named insured's driver license or vehicle
registration has been under suspended or
revoked during the policy period.
With at least a sixty (60) day notice of cancellation:
If a determination has been made that the insured
has concealed a material fact, or has made a
material allegation contrary to fact, or has made a
misrepresentation of a material fact and that such
concealment, allegation or misrepresentation was
material to the acceptance of the risk by the
insurer.
RENEWAL PROVISIONS
We retain/reserve the right not to renew your policy with at
least a sixty (60) day notice of non-renewal. If we decide
not to renew your policy, we will mail a Notice of Cancella-
tion or Refusal to Renew to you at the address shown on
the Declarations Page. Proof of mailing such a notice
shall be sufficient proof of notice to you.
Once a Notice of Ca
been mailed to you,
any outstanding prem
for the remainder of I
such payments when
tion of your policy for
least 15 days written r
accepted and covera
renewal date.
BANKRUPTCY
We are not relieved
because of your bar
We do not provide
fraudulent statemer
in connection with <
coverage is sought
We may void this
days or cancel or re
misrepresentation e
dent or loss. No
conduct in connecti
entitled to receive z
If your "initial" prerr
any remittance othe
policy is conditioner
Lance being honoree
institution it is drawn
tance is not honorer
be deemed void fror
took effect. This me
the policy for any ci<
wise be covered if I
been honored upon
tion it was drawn up
If your "installment"
draft, or any remit
under this policy will
or remittance is hon,
remittance is not hoi
will be cancelled at
Notice of Cancellatir
have applied to the
However, if no notic
(15) day Notice of C
be issued.
LATE PAYMENT
In order to continue
renewal payment mr
illation or Refusal to Renew has
i still have an obligation to make
installment payments when due,
policy period. Failure to pay any
may result in an earlier cancella-
ipayment of premium following at
? by us. No late payments will be
will not be extended to the non-
obligation under this policy
or insolvency.
rerage for you if you have made
or engaged in fraudulent conduct
auto accident or loss for which
Jer this policy.
icy within the first fifty-nine (59)
se to renew thereafter for fraud or
n after the occurrence of an acci-
rson who engages in fraudulent
with an accident or loss shall be
payment under this policy.
im payment is by check, draft, or
than cash, coverage under this
upon the check, draft, or remit-
upon presentment to the financial
rpon. If the check, draft, or remit-
upon presentment, this policy will
its inception as if the policy never
ns that we will not be liable under
ms or damages that would other-
e check, draft, or remittance had
resentment to the financial institu-
"renewal" payment is by check,
ce other than cash, coverage
ntinue provided the check, draft,
d upon presentment to the finan-
wn upon. If the check, draft or
Ed upon presentment, this policy
e hour and date shown on the
or Refusal to Renew that would
ayment that was not honored.
was previously mailed, a fifteen
:ellation or Refusal to Renew will
ur coverage, your installment or
be received in our office prior to
30 31
the due date shown on your Notice of Payment Due. If
payment is not received by the due date, a Notice of
Cancellation will be mailed to the address shown on the
Declarations Page. Payment effective dates and times
vary per the payment method:
1. Payments made through the Safe Auto Phone Pay
system or money wiring services are effective the date
and time that appears on the check that prints in our
office.
2. Mailed payments are effective the day after the post-
mark date on the payment envelope at 12:01 A.M.
3. Mailed payments with no legible postmark date are ef-
fective the day we receive the payment at 12:01 AM.
4. Walk-in payments are effective the date and time the
Safe Auto cashier receives the payment.
If the payment effective date and time is prior to the
cancellation date and time shown on your Notice of
Cancellation, the policy will not cancel. If your payment
is effective after the cancellation date and time, your
policy will cancel as of the date and time shown on
your Notice of Cancellation that applies to that pay-
ment.
We will accept a payment effective after the cancella-
tion date and time and reinstate your policy, as long as
the payment's effective date and time is no more than
seven (7) days after the cancellation's effective date
and time.
In the event we accept your late payment and reinstate
your policy, we will not cover any loss or auto accident
which occurred during the period between the cancellation
date and time and the reinstatement date and time. In the
event that this policy is reinstated, it will reinstate under the
same policy temps, limits, conditions, elections, and exclu-
sions which were in effect prior to cancellation. Your pol-
icy expiration and/or renewal date will remain unchanged
by any reinstatement by us.
We reserve the right not to accept late payments on
policies that have cancelled. We cannot accept any
payment that is effective more than seven (7) days after
the cancellation date and time.
FINANCIAL RESPONSIBILITY LAWS
When we certify this policy as proof of financial respon-
sibility, this policy will comply with the law to the extent
required. You must reimburse us if we make a pay-
ment that we would otherwise not have made, had this
policy not been certified as proof of financial responsi-
bility.
SUIT AGAINST US
We may not be sued unless there is full compliance
with all terms of th' policy. We may not be sued under
the liability cove ge until your obligation to pay is
finally determined either by judgment against the per-
son after actual tri I or by written agreement of the per-
son, the claimant, and us. No one shall have any right
to make us a pa to a lawsuit to determine your liabil-
ity.
Any lawsuit again us seeking recovery of underinsured
motorists benefits u der Part IV - Uninsured/Underinsured
Motorists Co must be filed no later than one (1) year
after the limits o Ii bility under all applicable bodily injury
liability bonds or po ties have been exhausted by payment
of judgements or s ttiements.
IT IS AGREED T NO COVERAGE IN THIS INSUR-
ANCE POLICY (IN LUONG UNDER PART I - LIABILITY,
PART II - FIRST ARTY BENEFITS, PART IV - UNIN-
SURED/UNDERIN URED MOTORISTS) SHALL APPLY
TO PUNITIVE OR EMPLARY DAMAGES.
TWO OR MORE UTO POLICIES
If this policy and a y other auto insurance policy issued
to you by us ap lies to the same auto accident, the
maximum limit of ur liability under all the policies shall
not exceed the hi hest applicable limit of liability under
any one policy, a en though separate premiums have
been paid. You c nnot stack coverages or policies.
If you obtain other insurance on your covered auto, or I
a person other tha you or a relative becomes the owner
of your covered a any coverage provided by this
policy will terminat as to that auto on the effective date
and time of legal nsfer of that auto.
NAMED
As used in this rt , the Named Operator is defined as
ONLY the Nam Insured listed on the Declarations
Page of this policy We agree that this insurance as is af-
forded by this poh for Bodily Injury, Property Damage,
Excess Medical pense, and ninsured/Underinsured
Motorists coveray s (provided these coverages are listed
on the Declaratr ns Page and a premium shown for
them) applies with respect to the use of any non-owned
auto by the Nam Operator, subject to the following pro-
visions:
1. Any provisioi
age to other
eliminated.
2. We will insu
Named Coe
of this policy which extends cover
an the Named Operator are hereby
any newly acquired auto only if the
)r notifies us within thirty (30) days
32 33
of the acquisition.
3. No coverage is afforded under this policy for any
auto owned in full or in part of registered in the name
of the Named Operator or any resident of the Named
Operators household. This exclusion does not apply
to any newly acquired auto by the Named Operator as
defined in paragraph No. 2 above.
4. No coverage is afforded under this policy for any
auto used during the course of any business or
employment, or when used in an Auto Business
Operation, including but not limited to the selling,
repairing, servicing, testing, storing, or parking of
motor vehicles.
5. No coverage is afforded under this policy for any auto
used as a public or livery conveyance or in the busi-
ness of trucking or hauling for others.
6. The provisions of this policy in reference to other
valid and collectible insurance are hereby eliminated
and it is agreed that if there exists, at the time of any
loss covered by this policy, any insurance issued to,
taken out by or effected on behalf of anyone other than
the Named Operator and under the terms of which the
Named Operator is entitled to protection or coverage,
then the coverage provided by this policy shall be ex-
cess insurance over and above the amount of such
other valid and collectible insurance.
All other terms, limits, and provisions of this policy remain
unchanged.
In witness whereof, we have caused this policy to be
executed and attested by our President and Secretary.
lqj
Jon P. Diamond April D. Miller
PRESIDENT SECRETARY
34
I hereby cer* this
to be a true aril aoourate cop of SAFE AUTO
Safe Auto Insurance compar
Corporate Offi
3883 East Broad Street
Columbus, Ohio 43 13-1129
(614)231-02 0
1(800) SAFE UTO
1(800) 723-3 88
FORM PA1010l1298
r
VERIFICATION
I, Joanna Gerardi, verify that I am a representative
Company, and I am authorized to execute this verification onl
Auto Insurance Company, and the statements made in
Safe Auto Insurance
)ehalf the Plaintiff, Safe
foregoing Complaint in
Declaratory Judgment are true and correct to the best of m knowledge, information
and belief. To the extent that the content of the Complaint in Declaratory Judgment
is permitted by Pennsylvania Rules of Civil Procedure, I
verifying the same.
2&'?j l-C? ZOD,(--
(Date)U
Gerardi
relied upon counsel in
#14533
w
V 11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
v.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
CIVIL DIVISION
NO.: 06-3101
PRAECIPE TO REINSTATE
COMPLAINT IN DECLARATORY
JUDGMENT
(Jury Trial Demanded)
Defendants.
Filed on Behalf of Plaintiff
Counsel of Record for this Party:
Jeffrey C. Catanzarite, Esquire
PA I.D. #: 72765
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
Firm No. 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
PRAECIPE TO REINSTATE COMPLAINT
IN DECLARATORY JUDGMENT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Declaratory Judgment in the above-
captioned matter.
JURY TRIAL DEMANDED
Respectfully submitted,
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
By:
;. Oatanzarite, Esquire
for Plaintiff
a
??
T+
°-_ `
iii
r
--
.,, .
yr.
?.
^.
- ?.
L • •
CASE NO: 2006-03101 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAFE AUTOM INSURANCE COMPANY
VS
BRUNER KAREN ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
TEMES CHRISTINA
was served upon
the
DEFENDANT
at 1458:00 HOURS, on the 14th day of June , 2006
at 1717 ENGLISH DRIVE
MECHANICSBURG, PA 17055
CHRISTINA TEMES
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
6.00 9.68
.00
10.00 R. Thomas Kline
.00
25.68v,' 06/19/2006
SUMMERS MCDONNELL HUCOCK
By:
G ?
day Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
T 1.
CASE NO: 2006-03101 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAFE AUTOM INSURANCE COMPANY
VS
BRUNER KAREN ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TEMES CHRISTINA ADMINISTRATRIX OF ESTATE OF HUNTER TEMES the
DEFENDANT , at 1458:00 HOURS, on the 14th day of June , 2006
at 1717 ENGLISH DRIVE
MECHANICSBURG, PA 17055
CHRISTINA TEMES
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00
.00
10.00 R. Thomas Kline
.00
16.00 ? 06/19/2006
?fsY?0 SUMMERS MCDONNELL HUDOCK
By: day Deputy Sheriff
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-03101 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAFE AUTOM INSURANCE COMPANY
VS
BRUNER KAREN ET AL
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:
BRUNER KAREN
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On June 19th , 2006 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Dauphin Co 57.25 Sheriff of Cumberland County
Postage 1.98
06/19/2006/ ?Y.vv
SUMMERS MCDONNELL HUDOCK
Sworn and subscribe to before me
this day of ,
A. D.
In The Court of Common Pleas of Cumberland Count; Penxisylvania
Safe Auto Insurance- Company
vs.
Karen Bruner No 06-3101 civil
No.
Now, June 6, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin 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, , 20 , at o'clock M. served the
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
9 Z :01 V 91 NAF 9001
33183HS 3"Hi A 331AJO
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania SAFE AUTO INSURANCE COMPANY
vs
County of Dauphin BRUNER KAREN
Sheriff's Return
No. 1012-T - - -2006
OTHER COUNTY NO. 06-3101
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for BRUNER KAREN
the DEFENDANT named in the within COMPLAINT IN DECLARATORY JUDGEMENT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, June 12, 2006
PER WILLIAMSTOWN POLICE OFFICE - NOT SUCH ADDRESS; THERE IS A COLLIERY ROAD
IN TOWER CITY, NOT WILLIAMSTOWN.
Sworn and subscribed to
before me this IjTA (Jay of J>;NF. 2006
11 1 ,e /
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept 1, 2006
(1?ffic? ?f #?P o??eriff
So Answers,
i? .rw.ilr
Sheriff of Dauphin Cointy, Pa.
B `
Y
Deputy Sheriff
Sheriff's Costs:$57.25 PD 06/08/2006
RCPT NO 218568
GMILLER
9Z:01V 9IN.nr90l
'IN-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
CIVIL DIVISION
NO.: 06-3101
PRAECIPE TO REINSTATE
COMPLAINT IN DECLARATORY
JUDGMENT
(Jury Trial Demanded)
Defendants.
Filed on Behalf of Plaintiff
Counsel of Record for this Party:
Jeffrey C. Catanzarite, Esquire
PA I.D. #: 72765
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
Firm No. 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
v.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
PRAECIPE TO REINSTATE COMPLAINT
IN DECLARATORY JUDGMENT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Declaratory Judgment in the above-
captioned matter.
JURY TRIAL DEMANDED
Respectfully submitted,
Summers, McDonnell, Hudock,
JZtkthrie 81, Skeel, L.L.P.
By:
Catanzarite, Esquire
I= Ifor Plaintiff
Y`' CD :?
SAFE AUTO INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 06-3101 CIVIL TERM
KAREN BRUNER, CHRISTINA TEMES : CIVIL ACTION - LAW
And CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE
OF HUNTER TEMES, DECEASED
Defendants JURY TRIAL DEMANDED
Defendants, Karen Bruner and Christina Temes and Christina Temes Administratrix of the
Estate of Hunter Temes, Deceased, by and through their attorney Dusan Bratic of Bratic & Portko, file
the following Answer to Plaintiff s Complaint in Declaratory Judgment.
1. Admitted.
2. Admitted that Karen Bruner, hereinafter "Bruner", is an adult individual. It is denied
that she resides in Williamstown. On the contrary she resides at 229 Wood Street, Camp Hill, PA
17011.
3. Admitted that Christina Temes, hereinafter "Temes", is an adult individual. It is
denied that she lives at 33 Mallard Court. On the contrary she resides at 1717 English Drive,
Mechanicsburg, PA 17055.
4. Denied that she lives at 33 Mallard Court. She resides at 1717 English Drive,
Mechanicsburg, PA 17055
5. It is admitted that Save Auto Insurance Company issued an automobile policy and it
is admitted that the policy bears policy number PA00198999A-00. It is neither admitted nor denied
that a true and correct copy of the policy is attached to the complaint.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Denied. Defendant, Karen Bruner, was a guest and was staying in a house owned by
George Shoemaker. Substantially all the contents in the house were owned by George Shoemaker.
12. Admitted.
13. Admitted.
14. Denied and proof thereof is demanded at trial. The allegations in the New Matter
and Counterclaim are incorporated by reference.
15. It is denied that George Shoemaker was a resident of Karen Bruner's household.
16. It is denied that George Shoemaker was a resident of Karen Bruner's household.
17. This allegation is denied. This allegation is a conclusion of law, which will be
determined by the court.
18. Pertinent language of the policy indicates that Safe Auto Insurance Company,
hereinafter "Safe Auto", indicated in the definitions section of the policy that, "Your covered auto
means any auto described on the declaration page ... any liability we provide with respect to an auto
you do not own or lease shall be excess (emphasis added) over and above any other collectible
insurance covering the auto you are driving."
19. The policy limits that Defendant Bruner had under her policy for a 2001 Saturn SL2
were $15,000 for bodily injury and $30,000 per accident. These were the minimal requirements that
were and are required under the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa.C.S.
§ 1701 et sec., hereinafter referred to as MVFRL.
20. It is denied that the exclusion purported to be in the policy by Safe Auto is valid as a
matter of law. The Plaintiff, Safe Auto, is attempting to take away the minimum requirement of
liability coverages under the MVFRL and as such restricts the minimum amount due for liability under
the policy.
21. To adopt the interpretation requested by Plaintiff, Safe Auto, the exclusion will go to
zero and therefore invalidate the purpose of the MVFRL as the injured party will not get paid under the
policy. To validate Safe Auto's request would be to take away the mandatory minimum liability
coverages provided for under the MVFRL and for which Safe Auto charged and collected premiums.
22. If the Safe Auto had sought to thwart the purposes of the MVFRL, they should have
used more restrictive language. In the present case, George Shoemaker was not residing in Karen
Bruner's household. On the contrary, Karen Bruner was staying in George Shoemaker's house. The
language of the policy was controlled by the Plaintiff Safe Auto. The Defendant Karen Bruner had no
information or control in the way an insurance policy was written.
Wherefore the Defendants request the Court to order the Plaintiff to pay the minimum amount
due under the MVFRL, which is $15,000 to Christina Temes and to Christina Temes Administratrix of
the Estate of Hunter Temes, Deceased.
Submitted
Date: ( U?
Dusan Bratic, Esq. ID 19249
Attorney for Plaintiff
101 South U.S. Route 15
Dillsburg PA 17019
(717) 432-9706
SAFE AUTO INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 06-3101 CIVIL TERM
KAREN BRUNEI;, CHRISTINA TEMES : CIVIL ACTION - LAW
And CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE
OF HUNTER TEMES, DECEASED
Defendants JURY TRIAL DEMANDED
I HEREBY CERTIFY that a true and correct copy othe Defendants' Answer and New Matter
was furnished by first class mail, postage prepaid, this day of October, 2006 to:
Jeffrey C. Catanzarite, Esquire
SUMMERS, MCDONNEL, HUDOCK, GUTHRIE & SKEEL, LLP
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
Date: D
Dusan Bratic, Esq. ID 19249
Attorney for Plaintiff
101 South U.S. Route 15
Dillsburg PA 17019
(717) 432-9706
VERIFICATION
I, Karen Bruner , hereby acknowledge that I am
a DPf /CC pl ai nt- in the foregoing Answer & CnimfiPrcl a i m , that I have
read the foregoing, and the facts stated therein are true and correct to the best of my
knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: 10/18/06
VERIFICATION
I, Christina Temes, hereby acknowledge that I am a Defendant and Counterclaim
Plaintiff in the foregoing Answer and Counterclaim, that I have read the foregoing, and
the facts stated therein are true and correct to the best of my knowledge, information and
belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: /?
VERIFICATION
I, Christina Temes Administratrix of the Estate of Hunter Temes, Deceased,
hereby acknowledge that I am a Defendant and Counterclaim Plaintiff in the foregoing
Answer and Counterclaim, that I have read the foregoing, and the facts stated therein are
true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: OC('
z 1z -
Wz
_ Pi
g
:n
-v+T?
,_ CID
?..
.a?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
CIVIL DIVISION
NO.: 06-3101
PLAINTIFF'S REPLY TO
DEFENDANTS' NEW MATTER/
COUNTERCLAIM
(Jury Trial Demanded)
Defendants.
Filed on Behalf of Plaintiff
Counsel of Record for this Party:
Jeffrey C. Catanzarite, Esquire
PA I.D. #: 72765
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
Firm No. 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
PLAINTIFF'S REPLY TO DEFENDANTS'
NEW MATTER/COUNTERCLAIM
Plaintiff, Safe Auto Insurance Company, by and through its attorneys,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite,
Esquire, files the following Reply to Defendants' New Matter/Counterclaim:
1 . Paragraph 18 of the New Matter/Counterclaim is admitted in part and
denied in part. It is admitted that "your covered auto" as defined in the Safe Auto
Insurance Company policy includes the definition "any auto described on the
declaration page." It is denied that this is the only definition of "your covered auto"
in the policy. It is also admitted that in the definition of "your covered auto," the
policy provides that "any liability we provide with respect to an auto you do not
own or lease shall be excess over and above any other collectible insurance
covering the auto you are driving." It is denied that the definition of "your covered
auto" is limited to this language.
2. Paragraph 19 of Defendants' New Matter/Counterclaim is admitted.
3. The allegations of Paragraph 20 are conclusions of law to which no
response is required. To the extent that a response is necessary, said averments
are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of
Civil Procedure.
4. The allegations of Paragraph 21 are conclusions of law to which no
response is required. To the extent that a response is necessary, said averments
are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of
Civil Procedure. By way of further response, the exclusion set forth in the
Complaint in Declaratory Judgment is valid pursuant to the Pennsylvania Motor
Vehicle Financial Responsibility Law and public policy.
5. The allegations of Paragraph 22 are denied. To the contrary, the
language set forth in the Safe Auto insurance policy at issue in this case is clear in
that it restricts liability insurance coverage to a Safe Auto insured when that Safe
Auto insured is operating a motor vehicle owned or leased by a resident with which
the Safe Auto insured resides at the time of the accident. The remainder of the
allegations in Paragraph 22 are denied pursuant to Rule 1029(d) and (e) of the
Pennsylvania Rules of Civil Procedure.
WHEREFORE, Plaintiff, Safe Auto Insurance Company, demands judgment in
its favor.
JURY TRIAL DEMANDED
Respectfully submitted,
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
By:
Catanzarite, Esquire
e for Plaintiff
VERIFICATION
I, Joanna Gerardi, verify that I am a representative of Safe Auto Insurance
Company, and I am authorized to execute this verification on behalf the Plaintiff, Safe
Auto Insurance Company, and the statements made in the foregoing Plaintiff's Reply
to Defendants' New Matter/Counterclaim are true and correct to the best of my
knowledge, information and belief. To the extent that the content of the Plaintiff's
Reply to Defendants' New Matter/Counterclaim is permitted by Pennsylvania Rules of
Civil Procedure, I have relied upon counsel in verifying the same.
n?
(Date) Joan a Gerardi
#14533
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Plaintiff's Reply to
Defendants' New Matter/Counterclaim was served upon the following counsel of
record on the 3`d day of November, 2006, by U.S. First Class Mail, postage
prepaid:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
Summers, McDonnell, Hudock,
Cughrie & Skeel, L.L.P.
By: ?
1, 04
tanzarite, Esquire
uns I for Plaintiff
C-D ?.?
f e ??.1
- 4 {;
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-03101 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAFE AUTOM INSURANCE COMPANY
VS
BRUNER KAREN ET AL
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
BRUNER KAREN
to wit:
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of SCHUYLKILL County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On August 11th , 2006 , this office was in receipt of the
attached return from SCHUYLKILL
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Schuylkill Co 34.50 Sheriff of Cumbe land County
Postage 2.94
74.44 ? 9lKjbG
08/11/2006
SUMMERS MCDONNELL HUDOCK
Sworn and subscribe to before me
this day of
A. D.
In The Codrt of Common Pleas of Cumberland County, Pennsylvania
Safe Auto Insurance Company
vs.
Karen Bruner et al
SERVE: Karen Bruner No. 06-3101 civil
Now, August 1, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Schuylkill 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
20 , at o'clock
M. served the
copy of the original
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before SERVICE _
me this day of , 20 MILEAGE _
AFFIDAVIT
County, PA
Mon Aug 7, 2006 09:16AM
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N
PAGE: 1
DEPUTIZED FROM CUMBERLAND COUNTY
PLAINTIFF:
DEFENDANT:
SAFE AUTO INSURANCE COMPANY
V S
BRUNER,KAREN
COURT NUMBER 06-3101 CIVIL TERM
FILED BY SUMMERS,MCDONNELL,HUDOCK,GUTHR
TYPE OF PAPER COMPLAINT
SERVING NUMBER 44144
PEOPLE: PRO FILE DATE 07/27/2006
EXPIRATION 08/26/2006
SHF RECEIVED 08/02/2006
------------------------
--------------
- DEP RETURNED 08/07/2006
--
--------------------------
(P E 0 P L E T O -------------------------------
B E S E R V E D) -------- ------------------ -------
NAME
--------- ADDRESS 1 ADDRESS
----------- -------------
--
- 2 CITY ST ZIP DEPUTY
--------
--
--
Service for BRUNER,KAREN 1 COLLIERY AVENUE ------------ ---------- -------
TOWER CITY -- --
PA ----- ----------
17980 SNYDER, D --------
(A T T E M P T S A T S E R V I C E)
SEQ DATE TIME
--- -------- -- ----- SERVED TO ADDRESS 1
-------------------
-
- ADDRESS 2 CITY ST ZIP MILES COST
1 08/07/2006 08:20 - --
---
-------------
(NOT FOUND] 1 COLLIERY AVENUE ------ -------- -------------
TOWER CITY - --
PA ----- ----- ----
17980 --------
0.00
* REMARKS CHECKED WITH TOWER CITY POST OFFICE
* REMARKS NOT IN SCHUYLKILL COUNTY.
----
Total --------
0.00
Total Mileage Charge for all Services 0.00
Mon Aug 7, 2006 09:16AM PAGE; 2
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N
I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above.
SWORN and subscribed before me this _ SO ANSWERS
day of
(Deputy Sheriff)
tho otary) (Sheriff of Schuylkill County)
End - of - Return (X-256-2006)
Mon Aug 7, 2006 09:16AM
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N **
C O S T S I N F O R M A T I O N
DESCRIPTION PAYMENTS CHARGES
------------------------------ --------------- ---------------
ADVANCE COSTS - SERVICE 150.00
R D & R 9.00
SERVICE 9.00
ADD SERVICE 0.00
ATTESTING 4.00
STATE SURCHARGE 10.00
PROTHY FEE FOR SERVICE 2.50
REFUND 115.50
BALANCE
150.00
141.00
132.00
132.00
128.00
118.00
115.50
0.00
PAGE: 3
Advance Payment 150.00
Cost of Service 34.50
Refund Paid 115.50
---------------------------------------------------------------------------------------------
End - of - Return (06-3101 CIVIL TERM)
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03101 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAFE AUTOM INSURANCE COMPANY
VS
BRUNER KAREN ET AL
RONALD HOOVER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE was served upon
BRUNER KAREN the
DEFENDANT at 2030:00 HOURS, on the 23rd day of October 2006
at 229 WOOD STREET
CAMP HILL, PA 17011 by handing to
GEORGE SHOEMAKER, ADULT IN CHARGE
a true and attested copy of NOTICE
COMPLAINT IN DECLARATORY JUDGMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 12.32 ?;? 6=t?
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
40.71.x/ 10/24/2006
C)m /I/OL/OI SUMMERS MCDONNELL HUDOCK
Sworn and Subscibed to By: tl?,k?x
before me this day Deputy eriff
of A.D.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
V.
NO.: 06-3101
NOTICE OF SERVICE OF
REQUESTS FOR ADMISSIONS
KAREN BRUNER, CHRISTINA TEMES (Jury Trial Demanded)
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
Filed on Behalf of Plaintiff
Counsel of Record for this Party:
Jeffrey C. Catanzarite, Esquire
PA I.D. #: 72765
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
Firm No. 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
v.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
NOTICE OF SERVICE OF REQUESTS FOR ADMISSIONS
I hereby certify that the original of Plaintiff's Requests for Admissions
Directed to Defendant, Karen Bruner, was served upon counsel for Defendant,
Karen Bruner, by mailing the same via first class mail, postage pre-paid, this 15th
day of June, 2007, addressed as follows:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
JURY TRIAL DEMANDED
Respectfully submitted,
Summers, McDonnell, Hudock,
Guthtjb & Skeel, L. P.
By:C,
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that the original and two (2) true and correct copies of the
within Notice of Service of Requests for Admissions was served upon the following
counsel of record on the 15th day of June, 2007, by U.S. First Class Mail, postage
prepaid:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
Summers, McDonnell, Hudock,
Gu rie & Skeel, L. .
By:
fr C. atanzarite, Esquire
Counsel for Plaintiff
C? C'
'
t co
c
r ?
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
-vs-
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE OF
HUNTER TEMES, DECEASED,
2.
For Plaintiff Jeffrey C. Catanzarite, Esquire
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
707 Grant Street, Suite 240o, Gulf Tower
Pittsburgh, PA 15219
(412) 261-3232
For Defendants
3•
4•
Defendants.
CIVIL DIVISION
NO : o6-3101
State matter to be argued: Plaintiffs Motion for Summary Judgment
Identify Counsel who will argue cases:
Dusan Bratic, Esquire
BRATIC & PORTKO
1o1 Office Center, Suite A
1o1 U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
I will notify all parties in writing within two (2) days that this case has
been listed for argument.
Argument Court Date:
Date: 07-J -
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
By: I L ! ?"
rAffrey C. Catanzarite, Esquire
/counsel for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within PRAECIPE FOR
LISTING CASE FOR ARGUMENT was served upon the following counsel of record on
the Q?'day of , I 2007, by U.S. First Class Mail, postage prepaid:
Dusan Bratic, Esquire
BRATIC & PORTKO
1o1 Office Center, Suite A
1o1 U.S. Route 15
Dillsburg, PA 17019
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
By: - ,
7un eyC. Catanzarite, Esquire
sel for Plaintiff
Safe Auto Insurance Company
C E5
-u G
Q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
-vs-
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE OF
HUNTER TEMES, DECEASED,
-Defendants.
(Jury Trial Demanded)
CIVIL DIVISION
NO : o6-3101
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT, BRIEF IN
SUPPORT AND PROPOSED ORDER
OF COURT
Filed on Behalf of Plaintiff:
Safe Auto Insurance Company
Counsel of Record for This Parry:
Jeffrey C. Catanzarite, Esquire
Pa. I. D. No.: 72765
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
Firm No.: 911
707 Grant Street
Suite 240o, Gulf Tower
Pittsburgh, PA 15219
(412) 261-3232
14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff, NO : o6-3101
-vs-
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE OF
HUNTER TEMES, DECEASED,
-Defendants.
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND NOW, comes the plaintiff, Safe Auto Insurance Company, by and through
its attorneys, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP and Jeffrey C.
Catanzarite, Esquire, and files the within Motion for Summary Judgment, and in
support thereof avers as follows:
1. The above-captioned matter arises from a motor vehicle versus pedestrian
accident that occurred on July 7, 2004.
2. On the date in question, Defendant Karen Bruner was operating a 1998
Chevrolet Lumina when she was involved in a motor vehicle/pedestrian accident
involving Christina Temes and Hunter Temes.
3. As a result of the subject accident, Defendant Christina Temes was injured.
Defendant Hunter Temes was killed in the accident.
4. Christina Temes is Karen Bruner's daughter. Hunter Temes was Karen
Bruner's grandson.
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5. On the date in question, Defendant Karen Bruner was insured under a
policy of automobile insurance bearing Policy Number PAoo198999A-oo. The policy
was issued by Plaintiff Safe Auto Insurance Company, (A true and correct copy of the
defendant's automobile insurance policy is attached hereto as Exhibit "A")
6. Karen Bruner's policy with Safe Auto Insurance Company covered a 2001
Saturn SL2. Karen Bruner was the only named insured on this policy of insurance. (See
Defendant Bruner's Safe Auto Declarations Page, a copy of which is attached hereto as
Exhibit "B").
7. Following the accident, Defendant Christina Temes, individually, and as
administratrix of Estate of Hunter Temes, has submitted a claim to Safe Auto Insurance
Company seeking payment of this liability coverage issued to Karen Bruner.
8. Plaintiff filed a Declaratory Judgment action, seeking a determination of
whether coverage was due under the subject policy.
9. George Shoemaker was deposed in connection with this matter on May 29,
2007.
10. Defendant Karen Bruner did not appear for her scheduled deposition,
asserting, through her attorney, that she was too emotionally unstable to undergo this
form of examination.
11. Accordingly, in an effort to accommodate the defendant, Plaintiffs
Counsel forwarded Requests for Admissions to Defendant Bruner's attorney, in lieu of
taking her deposition. (A true and correct copy of Plaintiffs Request for Admissions to
Defendant Bruner is attached hereto as Exhibit "C")
12. The Requests for Admissions were served on defense counsel on June 15,
2007.
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13. Over thirty (30) days have elapsed since the Requests for Admissions were
served on Defendant Bruner, and no response has been received.
14. Rule 4014(b) of the Pennsylvania Rules of Civil Procedure provides that, a
Request for Admission is deemed admitted "unless, within thirty days after service of
the request ...the party to whom the request is directed serves upon the parry requesting
the admission an answer verified by the party or an objection, signed by the party or by
the party's attorney[.]" Pa. R.C.P. 4o14(b).
15. As Defendant Bruner has failed to respond to the plaintiffs Requests for
Admissions, they are deemed admitted under the Pennsylvania Rules of Civil Procedure.
16. Accordingly, Defendant Bruner has admitted the following for purposes of
this action:
a. Karen Bruner was the owner of a 2001 Saturn SL2 insured with Safe
Auto Insurance Company on July 7, 2004.
b.` The Safe Auto Insurance Company Policy Number was PAoo198999A-
0o with a policy period of May 20, 2004 through November 20, 2004.
c. Karen Bruner was operating a 1998 Chevrolet Lumina owned by George
Shoemaker on July 7, 2004 at the time of the subject incident.
d. On July 7, 2004, Karen Bruner lived at and was a resident of 1 Colliery
Road, Williamstown, PA 17098.
e. Karen Bruner lived at and was a resident of 1 Colliery Road,
Williamstown, PA 17098 and lived there for longer than 14 consecutive
days.
f. The house located at 1 Colliery Road, Williamstown, PA 17098 was
owned by George Shoemaker.
14533
11
g. Karen Bruner possessed a key to the house and received her mail at 1
Colliery Road, Williamstown, PA 17098.
h. Karen Bruner's address listed on the Harrisburg Area Police Crash
Report is 1 Colliery Road, Williamstown, PA 17098.
L Karen Bruner's telephone number listed on the Harrisburg Area Police
Crash Report is the same as the telephone number listed for George
Shoemaker at 1 Colliery Road, Williamstown, PA 17098.
j. Karen Bruner did not own or rent any other premises and/or did not live
anywhere else other than 1 Colliery Road, Williamstown, PA 17098 on
July 7, 2004.
k. George Shoemaker gave Karen Bruner permission to operate the 1998
Chevrolet Lumina on July 7, 2004.
1. Karen Bruner had operated the 1998 Chevrolet Lumina before July 7,
2004.
m. Karen Bruner was permitted to operate the 1998 Chevrolet Lumina when
her vehicle could not have been used or when she needed to transport
any child in a child safety seat.
n. On or about July 7, 2004, Karen Bruner was involved in a romantic
relationship with George Shoemaker.
(See Plaintiffs Request for Admissions to Defendant Bruner, a copy of which is attached
hereto as Exhibit "C")
17. Relative to the subject accident, the policy issued to Defendant Bruner by
Safe Auto Insurance Company clearly provides that liability coverage "will not apply to
you while driving an auto that is not listed on the Declarations Page and that is...owned
14533
or leased by a resident of your household." (See Safe Auto Insurance Policy, a copy of
which is attached hereto as Exhibit "A," at Page 5).
18. As defined by Defendant Bruner's Safe Auto policy, a person is a "resident"
of an insured's household when that person "physically lives in your household for
longer than fourteen (14) consecutive days. (See Safe Auto Insurance Policy, a copy of
which is attached hereto as Exhibit "A," at Page 3).
19. The 1998 Chevrolet Lumina that Defendant Bruner was operating at the
time of the subject accident was owned by George Shoemaker. (See Plaintiffs Requests
for Admissions, a copy of which is attached hereto as Exhibit "C," at Paragraph 3).
20. Both George Shoemaker and Karen Bruner have testified that they were
residents of the same household at the time of the subject accident. (See Transcript of
Deposition of George Shoemaker, a copy of which is attached hereto as Exhibit "D," at
Page 13 Lines 22 - 25; See Also Plaintiffs Requests for Admissions, a copy of which is
attached hereto as Exhibit "C," at Paragraph 4 - Paragraph 6).
21. As George Shoemaker was a resident of Karen Bruner's household on the
date of the subject accident, Defendant Bruner was operating a vehicle "owned ...by a
resident of [her] household" at the time of the subject accident.
22. Liability coverage is not due, under Defendant Bruner's Safe Auto
Insurance Policy, when she is operating a vehicle "owned ...by a resident of [her]
household." (See Safe Auto Insurance Policy, a copy of which is attached hereto as
Exhibit "A," at Page 5).
23. Accordingly, Safe Auto Insurance Company does not owe coverage for the
July 7, 2004 accident involving Defendant Bruner, Defendant Christina Temes and
Defendant Hunter Temes, deceased.
14533
WHEREFORE, Plaintiff Safe Auto Insurance Company respectfully requests that
this Honorable Court enter an Order, granting its Motion for Summary Judgment, and
holding that Safe Auto Insurance Company does not owe coverage for the July 7, 2004
accident involving Defendant Bruner, Defendant Christina Temes and Defendant
Hunter Temes, deceased.
Respectfully Submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
By:
ey C.`Catanzarite, Esquire
isel for Plaintiff
Auto Insurance Company
14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff, NO : o6-3101
-vs-
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE OF
HUNTER TEMES, DECEASED,
-Defendants.
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND NOW, comes the plaintiff, Safe Auto Insurance Company, by and through
its attorneys, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP and Jeffrey C.
Catanzarite, Esquire, and files the within Brief in Support of Motion for Summary
Judgment, and in support thereof avers as follows:
A. FACTS
The above-captioned declaratory judgment action arises from a motor vehicle
versus pedestrian accident that occurred on July 7, 2004. On the date in question,
Defendant Karen Bruner met her daughter, Defendant Christina Temes, in the parking
lot of Commonwealth Bank in Camp Hill, Cumberland County, Pennsylvania. The
meeting was arranged so that Defendant Bruner could return Hunter Temes, her
grandson, to her daughter.
The accident occurred as Defendant Christina Temes was attempting to secure
Hunter's car seat in the back of her vehicle. Both she and Hunter were standing near
her vehicle's open back door, when the vehicle driven by Defendant Bruner began
14533
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backing out of an adjoining parking space. As Defendant Bruner attempted to back
from the spot, the vehicle that she was operating came in contact with the curb.
Defendant Bruner then shifted the vehicle from reverse to drive, an action that she
alleges caused the vehicle to lung forward. As the vehicle moved forward, the right front
side impacted the right front side of the Temes vehicle. This impact propelled the
Temes vehicle backwards, over the curb of the Commerce Bank parking area. As the
vehicle moved backwards, the open back door knocked both Christina Temes and
Hunter Temes to the ground. Christina Temes was thrown away from the vehicle, but
survived the accident. Hunter Temes was dragged under the vehicle and ran over; he
did not survive his injuries.
On the date of the subject accident, Defendant Karen Bruner was insured under a
policy of automobile insurance issued by Plaintiff Safe Auto Insurance Company
(hereinafter "Safe Auto"). This policy, on which Defendant Bruner was the only named
insured, provided coverage on her 2001 Saturn SL2. However, on the date of the
accident, Defendant Bruner was not operating her own vehicle. To the contrary, she was
operating a 1998 Chevrolet Lumina, which was owned by George Shoemaker. The
Lumina was insured under a policy issued by Motorists Insurance Company.
Following the subject accident, Defendant Christina Temes, both individually and
as Administratrix of the Estate of Hunter Temes, submitted a liability claim to Safe Auto
under the policy issued to Defendant Bruner. Upon reviewing the claim, Safe Auto
noted that the Bruner policy did not provide liability coverage for any accident that
occurred while the insured, i.e. Karen Bruner, was "driving an auto that is not listed on
the Declarations Page and that is...[o]wned or leased by a resident of your household."
(See Safe Auto Insurance Policy, a copy of which is attached hereto as Exhibit "A," at
14533
Page 5). According to the policy, a residentAccordingly, because Mr. Shoemaker resided
with Defendant Bruner on the date of the subject accident, Safe Auto denied coverage.
The insurer then filed a Complaint in Declaratory Judgment, seeking a judicial
determination relative to the coverage issue presented in the current case.
George Shoemaker was deposed in connection with this matter on May 29, 2007.
During his deposition, Mr. Shoemaker admitted that Defendant Bruner resided with
him "for at least 14 consecutive days." (See Transcript of Deposition of George
Shoemaker, a copy of which is attached hereto as Exhibit "D," at Page 13 Lines 22 - 25).
As defined by 'Defendant Bruner's Safe Auto policy, a person is a "resident" of an
insured's household when that person "physically lives in your household for longer
than fourteen (14) consecutive days. (See Safe Auto Insurance Policy, a copy of which is
attached hereto as Exhibit "A," at Page 3). Consequently, Mr. Shoemaker's testimony
establishes that Defendant Bruner was a resident of his household at the time of the
subject accident.
Defendant Karen Bruner was also scheduled to be deposed in relation to this
matter, but did not appear for her scheduled deposition. She asserted, through her
attorney, that she was too emotionally unstable to be deposed. Accordingly, in an effort
to accommodate the defendant, Plaintiffs Counsel forwarded Requests for Admissions
to Defendant Bruner's attorney, in lieu of taking her deposition. (A true and correct
copy of Plaintiffs Request for Admissions to Defendant Bruner is attached hereto as
Exhibit "C").
The Requests for Admissions were served on defense counsel on June 15, 2007.
Over thirty (30) days have elapsed since the Requests for Admissions were served on
Defendant Bruner, and no response has been received. Rule 4014(b) of the
14533
Pennsylvania Rules of Civil Procedure provides that, a Request for Admission is deemed
admitted "unless, within thirty days after service of the request ...the party to whom the
request is directed serves upon the party requesting the admission an answer verified by
the party or an objection, signed by the party or by the party's attorney[.]" Pa. R.C.P.
4o1 4(b). As Defendant Bruner has failed to respond to the plaintiffs Requests for
Admissions, they are deemed admitted under the Pennsylvania Rules of Civil Procedure.
Due to her failure to respond to Plaintiffs Requests for Admissions, Defendant
Bruner has admitted the following for purposes of this action:
a.' Karen Bruner was the owner of a 2001 Saturn SL2 insured with Safe
Auto Insurance Company on July 7, 2004.
b. The Safe Auto Insurance Company Policy Number was PAoo198999A-
0o with a policy period of May 20, 2004 through November 20, 2004.
c. Karen Bruner was operating a 1998 Chevrolet Lumina owned by George
Shoemaker on July 7, 2004 at the time of the subject incident.
d. On July 7, 2004, Karen Bruner lived at and was a resident of 1 Colliery
Road, Williamstown, PA 17098.
e. Karen Bruner lived at and was a resident of 1 Colliery Road,
Williamstown, PA 17098 and lived there for longer than 14 consecutive
days.
f. The house located at 1 Colliery Road, Williamstown, PA 17098 was
owned by George Shoemaker.
g. Karen Bruner possessed a key to the house and received her mail at 1
Colliery Road, Williamstown, PA 17098.
14533
h. Karen Bruner's address listed on the Harrisburg Area Police Crash
Report is 1 Colliery Road, Williamstown, PA 17098.
L Karen Bruner's telephone number listed on the Harrisburg Area Police
Crash Report is the same as the telephone number listed for George
Shoemaker at 1 Colliery Road, Williamstown, PA 17098.
j. Karen Bruner did not own or rent any other premises and/or did not live
anywhere else other than 1 Colliery Road, Williamstown, PA 17098 on
July 7, 2004.
k. George Shoemaker gave Karen Bruner permission to operate the 1998
Chevrolet Lumina on July 7, 2004.
1. Karen Bruner had operated the 1998 Chevrolet Lumina before July 7,
2004.
m. Karen Bruner was permitted to operate the 1998 Chevrolet Lumina when
her vehicle could not have been used or when she needed to transport
any child in a child safety seat.
n. On or about July 7, 2004, Karen Bruner was involved in a romantic
relationship with George Shoemaker.
(See Plaintiffs Request for Admissions to Defendant Bruner, a copy of which is attached
hereto as Exhibit "C").
B. ISSUE
Whether Safe Auto Insurance Company owes coverage for the July 7, 2004 motor
vehicle versus pedestrian accident involving Defendant Bruner, Defendant Christina
Temes and Defendant Hunter Temes, deceased.
14533
SUGGESTED ANSWER: NO.
C. ANALYSIS
1. Standard of Review
A motion for summary judgment should be granted when there is no genuine
issue of material fact and a movant is entitled to judgment as a matter of law. Santilo v.
Radeo, 430 Pa. Super. 290, 634 A.2d 264 (1993); Buckno v. Penn Linen & Uniform
Service, Inc., 428 Pa. Super. 563, 631 A.2d 674 (1992)•
The threshold question in determining the need for trial is whether there is any
genuine issue of material fact that can only be resolved by a fact-finder. Keenhell v.
Cmwlth. of PA Securities Commission, 134 Pa. Cmwlth. 494, 579 A.2d 1358 (1990)•
Summary judgment serves to eliminate the waste of time and resources of both litigants
and courts in cases where a trial would be a useless formality. Lyles v. Balmer, 389 Pa.
Super. 451, 567 A. 2d 691(1989)•
The relevant summary judgment standard provides that,
after the relevant pleadings are closed, but within such time
as not to unreasonably delay trial, any party may move for
summary judgment in whole or in part as a matter of law:
(1) whenever there is no genuine issue of any material fact as
to a necessary element of a cause of action or defenses
which could be established by additional discovery or
expert report, or
(2) if, after the completion of discovery relevant to the
motion, including the production of expert reports, an
adverse party who will bear the burden of proof at trial
has failed to produce evidence of facts essential to the
cause of action or defense which in a jury trial would
require the issues to be submitted to a jury.
14533
Pa.R.C.P.1035 (emphasis added).
II. Coverage is not due under Defendant Bruner's
Safe Auto policy, as she was operating a vehicle
owned by a resident of her household at the time
of the subject accident.
The Safe Auto policy issued to Defendant Bruner clearly provides that "[l]iability
coverage will not apply to you while driving an auto that is not listed on the Declarations
Page and that is...[o]wned or leased by a resident of your household." (See Safe Auto
Insurance Policy, a copy of which is attached hereto as Exhibit "A," at Page 5). The
policy defines a "resident" as "any person who physically lives in your household for
longer than fourteen (14) consecutive days." (See Safe Auto Insurance Policy, a copy of
which is attached hereto as Exhibit "A," at Page 3). Accordingly, if the Chevrolet Lumina
was not listed on Defendant Bruner's Declarations Page, and Defendant Bruner resided
in the same household as George Shoemaker for longer than fourteen (14) consecutive
days, coverage would not be due under the terms of the Safe Auto policy.
As was previously indicated, Mr. Shoemaker was deposed in connection with this
lawsuit. At the'time of the deposition, Mr. Shoemaker was clearly asked whether there
Defendant Bruner resided with him for at least fourteen (14) consecutive days; his
response to this question was in the affirmative. (See Transcript of Deposition of
George Shoemaker, a copy of which is attached hereto as Exhibit "D," at Page 13 Lines
22 - 25). Further, in the Requests for Admissions forwarded to Defendant Bruner, it
was specifically asked that she either admit or deny that she "lived at and was a resident
of [Mr. Shoemaker's household] for longer than 14 consecutive days." (See Plaintiffs
14533
Request for Admissions to Defendant Bruner, a copy of which is attached hereto as Exhibit
"C"). Due to Defendant Bruner's failure to respond to these Requests, Pennsylvania Rule
of Civil Procedure 4o14(b) operates to deem this fact admitted. See Pa. R.C.P. 4om(b).
Accordingly, as both of the parties involved in the living arangement admit that Defendant
Bruner lived with Mr. Shoemaker for more than fourteen (14) consecutive days, there is no
genuine issue of material fact relative to this issue. Accordingly, the plaintiff is entitled to
judgment, relative to the issue of coverage, as a matter of law.
D. CONCLUSION
Both Mr. Shoemaker and Defendant Bruner have admitted that they resided in the
same household on the date of the subject accident. Accordingly, there is no genuine issue
of material fact relative to this issue. Therefore, all that remains is a simple application of
the applicable policy language to the undisputed facts. The evidence in this case clearly
reveals that Mr. Shoemaker and Defendant Bruner were residents of the same household
on the date of the subject accident. (See Transcript of Deposition of George Shoemaker, a
copy of which is attached hereto as Exhibit "D," at Page 13 Lines 22 - 25; Plaintiffs
Requests for Admissions, a copy of which is attached hereto as Exhibit "C," at Paragraph
4 - Paragraph 6; Pa. R.C.P. 4o14(b); Safe Auto Insurance Policy, a copy of which is
attached hereto as Exhibit "A," at Page 3). Further, it is evident that the Chevrolet
Lumina that was operated by Defendant Bruner at the time of the subject accident was
not listed on her Safe Auto Declarations Page. (See Defendant Bruner's Safe Auto
Declarations Page, a copy of which is attached hereto as Exhibit "B"). Accordingly, as
the Safe Auto policy issued to Defendant Bruner clearly excludes coverage for accidents
occurring when Ms. Bruner is "driving an auto that is not listed on the Declarations Page
14533
and that is...owned ...by a resident of your household[,]" coverage is clearly not owed in
the case sub judice. (See Safe Auto Insurance Policy, a copy of which is attached hereto
as Exhibit "A," at Page 3).
WHEREFORE, Plaintiff Safe Auto Insurance Company respectfully requests that
this Honorable Court enter an Order, granting its Motion for Summary Judgment, and
holding that Safe Auto Insurance Company does not owe coverage for the July 7, 2004
accident involving Defendant Bruner, Defendant Christina Temes and Defendant
Hunter Temes, deceased.
Respectfully Submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
By:
ey CTatanza?lte, Esquire
isel for Plaintiff
Auto Insurance Company
14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
CIVIL DIVISION
NO : 06-3101
-vs-
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE OF
HUNTER TEMES, DECEASED,
-Defendants.
ORDER OF COURT
AND NOW, to wit, this day of , 2007, upon
consideration of Plaintiffs Motion for Summary Judgment, it is hereby ORDERED,
ADJUDGED and DECREED that said Motion is GRANTED. It is further ORDERED,
ADJUDGED and DECREED that Plaintiff, Safe Auto Insurance Company, does not owe
coverage for the July 7, 2004 accident involving Defendant Bruner, Defendant Christina
Temes and Defendant Hunter Temes, deceased.
BY THE COURT:
J.
14533
Non-owned auto means any private passenger auto
not owned or leased by you or a relative, furnished to
or available for the regular use of you, a resident, or
any relative, while in the custody of or being operated
by you or a relative. A rented auto is not considered a
non-owned auto.
Property Dama a means physical damage to, destruc-
tion of, or loss of use of tangible property.
Occupying means in, on, getting in, or getting out of a
covered auto.
Relative means a resident living in your household
who is under 21 years old, your dependant and related
to you by blood, marriage, or adoption, including a ward
or Coster child.
Resident means any person who physically lives in
your household for longer than fourteen (14) consecu-
tive days. Your unmarried, unemancipated children un-
der the age of 24 attending school full-time, living away
from home will be considered a resident of your house-
hold
Temporary replacement auto means any auto not
owned or leased by you, a relative, or a resident,
while your covered auto is being serviced or repaired,
or if it has been stolen or destroyed.
Trailer means a vehicle designed to be pulled by an
auto. It also means a farm wagon or farm implement
while being towed by an auto. A trailer is not a mobile
home or a trailer used as an office, store, display, or
passenger trailer.
Use, using, used means any utilization of the motor
vehicle as a vehicle including occupying, entering
into and alighting from it.
Vehicle - See Motor Vehicle.
We, us, and our refer to Safe Auto Insurance Company.
You, your, yourself means the person named on the
Declarations Page of this policy as the Named Insured
and the spouse of that person if a resident of the same
household.
WHAT YOU SHOULD DO IN THE EVENT OF A LOSS
OR AN ACCIDENT
NOTICE OF AUTO ACCIDENT OR LOSS
In the event of an auto accident or loss, you must
report it to us as soon as reasonably possible. You can
report your auto accident or loss 24 hours a day by
calling toll-free:
1-800-SAFE-AUTO (1-800-723-3288) or 614-231-0200
PART I - LIABILITY COVERAGE
INSURING AGREEMENT
We will pay damages, other than punitive or exemplary,
for bodily injury or property damage for which you, a
relative or any additional driver listed on the Declara-
tions page becomes legally responsible for because of
an auto accident. Liability coverage applies to you
while driving your covered auto and to you while driv-
ing a non-owned auto, if you have permission from
the owner to drive the auto. Liability coverage will not
apply to you while driving an auto that is not listed on
the Declarations Page and that is:
1. Owned or leased by you; or
2. Available for your regular use; or
3. Owned or leased by a resident of your household.
Liability coverage will apply to any other person driving
your covered auto with your permission, provided they
are not a resident of your household and do not use your
covered auto on a regular basis.
We will provide liability coverage for an auto you rent from
a car rental agency or garage, ONLY while your covered
auto is being serviced or repaired, or if it has been stolen
or destroyed.
Any liability coverage we provide with respect to an
auto you do not own or lease shall be excess over and
above any other collectible insurance covering the auto
you are driving.
ADDITIONAL BENEFITS
These benefits are in addition to our limit of liability for
damages. We will pay for the cost of investigating th
auto accident and arranging for the settlement of aney
claim against you. We will also defend you, hire and pay
a lawyer and pay all defense costs for the lawyer hired by
us if someone sues you for damages because of an auto
accident even if the accusations are not true. However,
we have no duty to defend suits for bodily injury and
property damage not covered by this policy. We may in-
vestigate and settle any claim or lawsuit, as we deem ap-
propriate. We will not be obligated to pay for the cost of
any further investigation or arrangement for settlement or
defend you further after we have offered to pay our entire
limit of liability.
We will pay up to $100 for the cost of bail bonds required
because of an auto accident, including related traffic law
violations. The auto accident must result in bodily injury
or property damage covered under this policy. We have
no obligation to apply for or furnish a bond.
If the person who sues you tries to tie up your property
by an attachment, we will pay for a bond to release the
Safe Auto Insurance 4/5/2006 10:01 AM PAGE
SAFE
AtffO.
INSURANCE
COMPANY
NAMED INSURED:
ta® KAREN D BRUNER
PO BOX 67
WILLIAMSTOWN PA 17098
2/002 Fax Server
AUTO INSURANCE POLICY DECLARATIONS
Policy No. PA00198999A-00
Policy Period From 05/20/2004 12:44:01
To 11/20/2004 00:01:00
Standard time at the address of the named insured as stated herein.
This Amended Declaration Page Supersedes prior Declaration Page Issued on
Endorsement Reasons:
Added dob of excluded driver per written request
Endorsement Effective 05/3112004 00:01:00
IF YOU CARRY COLLISION COVERAGE FOR DAMAGE TO YOUR AUTO, THIS POLICY
PROVIDES COLLISION COVERAGE FOR RENTAL AUTOMOBILES, BUT OONNLYY IF THE
RENTAL VEHICLE IS RENTED AS A RESULT OF A COVERED LOSS. PLEASE NOTE THAT
THE DEDUCTIBLE AND ALL APPLICABLE POLICY TERMS AND LIMITATIONS APPLY.
This Declarations Page along with the Policy Jacket (Form PA1010/1298), your signed application (Form PA1000/0999) and any endorsements/forms listed
below complete the above Policy.
The insurance afforded is only with respect to such and so many of the following coverages as are indicated with respect to each described vehicle where
appropriate.
The limit of the company's liability against such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.
VEH # YEAR MAKE MODEL BODY TYPE SERIAL NUMBER SYM TERR DRIVER PTS
1 2001 SATURN SL2 4D 1G8ZK547X1Z251895 10 8 F S 48 0
COVERAGE
BODILY INJURY
PROPERTY DAMAGE
COMPREHENSIVE: ACTUAL
CASH VALUE LESS DEDUCTIBLE:
COLLISION: ACTUAL CASH
VALUE LESS DEDUCTIBLE:
FIRST PARTY BENEFITS
MEDICAL EXPENSE
UNINSURED MOTORIST
BODILY INJURY STACKED
UNDERINSURED MOTORIST
BODILY INJURY STACKED
TOWING AND LABOR
RENTAL REIMBURSEMENT
LIMIT OF LIABILITY
$15,000 EACH PERSON/
$ 30,000 EACH ACCIDENT
$ 10,000 EACH ACCIDENT
VEH 1
$ 500
$ 500
$ 5,000 EACH PERSON
$ 15,000 EACH PERSON/
$ 30,000 EACH ACCIDENT
$ 15,000 EACH PERSON/
$ 30,000 EACH ACCIDENT
$ 40
$ 20
TOTAL DISCOUNTS PER VEHICLE:
VIOLATION SURCHARGE PER VEHICLE
OTHER SURCHARGES PER VEHICLE
TOTAL PREMIUM PER VEHICLE
TOTAL POLICY PREMIUM:
* * * * 6 MONTHS PREMIUM
VEH 1
$283
INCL.
INCL.
$66
$372
$79
$21
$20
$6
$20
3.77%
0
0
$867
$867
EXCLUDED DRIVERS: GEORGE SHOEMAKER
ALL DRIVERS HAVE CHOSEN FULL TORT OPTION
ENDORSEMENTWFORMS MADE PART OF THIS POLICY AT TIME OF ISSUE:
PA1000/0999 PA1010/1298 PA1020/0202 PA1110/1298 PA1011/1002 PA1510/0603 PA1 60 510 30 2
PA1606/0603 PA1610/0999 PA1500/0603
In witness whereof, we have caused this policy to be executed and attested by our President and Secretary and countersigned by our
licensed agent on 4/5/2006
-4 K-0 &W?
Jon P. Dia nd April D. Miller Countersignature of Licensed Agent
President Secretary
Date Issued: 415/2006 BY 1191 Form PA1020/0202
04/05/2006 09 53 FAX 6148278218 SAFE AUTO
Safe Auto Insurance 4/5/2008 10:01 AM PAGE
SM%
AM
INSURANCE
COMPANY
2/002 Fax Eerver
4 003/003
AUTO INSURANCE POLICY DECLARATIONS
Policy No. : PA00198999A-00
Policy Period From 05/20/2004 12;44:01
To 11/20/2004 00:01:00
Standard time at the address of the named insured as stated herein
This Amended Declaration Page Supersedes prior Dell sration Page Issued on
NAMED INSURED
?
Endorsement Rea:on::
KAREN D BRUNER
PO BOX 07
Added dab of exduded driver per written request
WILLIAMSTOWN PA 17098 Endorsement Effective 05131/2004 00:01:00
IF YOU CARRY COLLISION COVERAGE FOR DAMAGE TO YOUR AUTO
THIS POLICY
,
PROVIDES COLLISION COVERAGE FOR RENTAL AJTOMOBILES, BUT 2= IF THE
RENTAL VCMICLC Is RENTED A9 A RESULT OF A COVERED LOSS. PLEASE NOTE THAT
THE DEDUCTIBLE AND ALL APPLICABLE POLICY TEFIMS AND LIMITATIONS APPLY.
This Dedwatlons Page along with the Policy Jacket (Form PA1010/1298), your signed application (Form PA100010966) and any endorsements/forms listed
r7i below complete the above Policy.
o The insurance afforded is only with respect to such and so many of the followirg coverages as are indicated with respect to each described vehicle where
appropriate.
The limit of the company's Fa6lity against such coverage shell be as stated herein, subject to all the terms of this PdICV having reference thereto.
VEH 0 YEAR MAKE MODEL BODY TYPE SERIAL NUMBER SYM TERR DRIVER PTS
?w 1 2001 SATURN SL2 4D 1GSZK547X1Z251t1e5 10 B F S 48 0
COVERAGE
BODILY INJURY
PROPERTY DAMAGE
COMPREHENSIVE ACTUAL
CASH VALUE LESS DEDUCTIBLE:
COLLISION: ACTUAL CASH
VALUE LESS DEDUCTIBLE:
FIRST PARTY BENEFITS
MEDICAL EXPENSE
UNINSURED MOTORIST
BODILY INJURY STACKED
UNDERINSURED MOTORIST
BODILY INJURY STACKED
TOWING AND LABOR
RENTAL REIMBURSEMENT
LN T OF LIABILITY
6 15.000 EACH PERSON/
6 30,000 EACH ACCIDENT
3 110.0100 EACH ACCIDENT
3 S00
$ 500
li 5,000 EACH PERSON
;15,000 EACH PERSON/
6 30,000 EACH ACCIDENT
315.000 EACH PERSONI
$ 30,000 EACH ACCIDENT
$N/
$ 20
TOTAL DISCOUNTS PER VEHICLE:
VIOLATION SURCHARGE PER VEHICLE
OTHER SURCHARGES PER VEHICLE
TOTAL PREMIUM PER VEHICLE
TOTAL POLICY PREMIUM:
' • " 6 MO1WrHS PREMIUM • "'
VEH 1
3203
INCL.
INCL.
$66
$372
S79
321
s20
Se
so
3.771/.
0
0
se6?
Stta7
EXCLUDED DRIVERS: GEORGE SHOEMAKER
ALL DRIVERS HAVE CHOSEN FULL TORT OPTION
ENDORSfEMENT&FORMS MADE PART OF THIL POLICY ATTIME OF ISSUE:
PA1000/0e119 PA1010J129B PAIOZDAD202 PA1110/1208 PA1 0 1 111002 PA1510/0e03 PAleo6/0302
PA160e/0603 PA1610/004e PA1500106W
In witness whereof, we have caused this policy to be executed and attested by our President and Secretary and countersigned by our
licensed agent on 415/2008
-4 K-0
Jon P. Dia nd April D. Miller
President Secretary Countersignature o•' Licensed Agent
Dace Issued: 45020)8 BY 1161 Form PA1020/02D2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
V.
NO.: 06-3101
REQUESTS FOR ADMISSIONS
KAREN BRUNER, CHRISTINA TEMES (Jury Trial Demanded)
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
Filed on Behalf of Plaintiff
Counsel of Record for this Party:
Jeffrey C. Catanzarite, Esquire
PA I.D. #: 72765
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
Firm No. 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#14533
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
v.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
REQUESTS FOR ADMISSIONS
AND NOW, comes the Plaintiff, Safe Auto Insurance Company, by and through
its undersigned counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and
Jeffrey C. Catanzarite, Esquire, and pursuant to the Pennsylvania Rules of Civil
Procedure, propounds this Requests for Admissions upon Defendant, Karen Bruner, to
be fully and completely answered under oath within thirty (30) days of the date of
service hereof, as follows:
1. Karen Bruner was the owner of a 2001 Saturn SL2 insured with Safe
Auto Insurance Company on July 7, 2004.
Admitted Denied
2. The Safe Auto Insurance Company Policy Number was PA00198999A-
00 with a policy period of May 20, 2004 through November 20, 2004.
Admitted Denied
3. Karen Bruner was operating a 1998 Chevrolet Lumina owned by George
Shoemaker on July 7, 2004 at the time of the subject incident.
Admitted Denied
4. On July 7, 2004, Karen Bruner lived at and was a resident of 1 Colliery
Road, Williamstown, PA 17098.
Admitted Denied
5. Karen Bruner lived at and was a resident of 1 Colliery Road,
Williamstown, PA 17098 and lived there for longer than 14 consecutive days.
Admitted Denied
6. The house located at 1 Colliery Road, Williamstown, PA 17098 was
owned by George Shoemaker.
Admitted Denied
7. Karen Bruner possessed a key to the house and received her mail at 1
Colliery Road, Williamstown, PA 17098.
Admitted Denied
8. Karen Bruner's address listed on the Harrisburg Area Police Crash Report
is 1 Colliery Road, Williamstown, PA 17098.
Admitted Denied
9. Karen Bruner's telephone number listed on the Harrisburg Area Police
Crash Report is the same as the telephone number listed for George Shoemaker at 1
Colliery Road, Williamstown, PA 17098.
Admitted Denied
10. Karen Bruner did not own or rent any other premises and/or did not live
anywhere else other than 1 Colliery Road, Williamstown, PA 17098 on July 7, 2004.
Admitted Denied
11. George Shoemaker gave Karen Bruner permission to operate the 1998
Chevrolet Lumina on July 7, 2004.
Admitted Denied
12. Karen Bruner had operated the 1998 Chevrolet Lumina before July 7,
2004.
Admitted Denied
13. Karen Bruner was permitted to operate the 1998 Chevrolet Lumina
when her vehicle could not have been used or when she needed to transport any
child in a child safety seat.
Admitted Denied
14. On or about July 7, 2004, Karen Bruner was involved in a romantic
relationship with George Shoemaker.
JURY TRIAL DEMANDED
Admitted Denied
Respectfully submitted,
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
By:
Jeffrey C. Catanzarite, Esquire
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that the original and two (2) true and correct copies of the
within Requests for Admissions was served upon the following counsel of record
on the 15th day of June, 2007, by U.S. First Class Mail, postage prepaid:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
By:
Jeffrey C. Catanzarite, Esquire
Counsel for Plaintiff
1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,: CIVIL DIVISION
Plaintiff
VS JURY TRIAL DEMANDED
KAREN BRUNER, CHRISTINA
TEMES and CHRISTINA TEMES,
Administratrix of the Estate:
of HUNTER TEMES, Deceased, .
Defendant NO. 06-3101
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
MAY 29, 2007
LEMOYNE, PENNSYLVANIA
Oral deposition of GEORGE SHOEMAKER
taken at the law offices of Summers,
McDonnell, Hudock, Guthrie & Skeel,
located at 1017 Mumma Road, Lemoyne,
Pennsylvania on the above date,
beginning at approximately 10:00
a.m., before Suzanne Minello-Devine,
Court Reporter and Notary Public.
SUZANNE MINELLO COURT REPORTING
573 INDIAN RUN DRIVE
HUMMELSTOWN, PENNSYLVANIA 17036
(717) 671-7007
2
A P P E A R A N C E S:
For the Defendant: Summers, McDonnell, Hudock,
Guthrie & Skeel
Jeffrey C. Catanzarite, Esquire
2400 Gulf Tower
707 Grant Street
Pittsburgh, Pennsylvania 15219
For the Plaintiff: Bratic & Portko
Dusan Bratic, Esquire
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
I N D E X
witness
George Shoemaker
Examination by Mr. Catanzarite 3
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(It was stipulated by and among
counsel for the respective parties that
reading, signing, sealing, certification
and filing are waived, and that all
objections, except as to the form of the
question, are reserved to the time of
trial.)
...GEORGE SHOEMAKER, having been duly
sworn as a witness, was examined and
testified as follows...
EXAMINATION
BY MR. CATANZARITE:
Q. Could you, please, state your name for
the record.
A. George Shoemaker, S-h-o-e-m-a-k-e-r.
Q. Mr. Shoemaker, my name is Jeff
Catanzarite and I represent Safe Auto Insurance
Company in this lawsuit. Have you ever undergone a
deposition before?
A. No, sir.
Q. Although I'm sure you may have been
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told what is going to happen here today, I just want
to briefly go over some ground rules. Is that okay?
A. Fine.
Q. I'm going to ask you a series of
questions here today. If at any time you don't hear
a question that I ask or you don't understand a
question that I ask, please, ask me to restate it or
rephrase it and I'll be more than happy to do so.
If at any time you answer one of my
questions, I'm going to assume that you heard the
question, you understood it, and you answered it
accordingly.
The court reporter sitting to your
right is going to type down everything that is going
to be said here today so you need to keep all of
your answers verbal. She cannot type down if you
shrug your shoulders --
A. I understand.
Q. -- or if you nod your head to any of my
questions. I would ask that you allow me to finish
my question before you begin your answer as the court
reporter has a difficult time typing down when we are
both talking at the same time. I'll offer you the
same courtesy and allow you to finish your answer
before I begin my next question. Do you understand
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those questions?
A. Yes, sir.
Q. When is your date of birth?
A. 11/14/36.
Q. How old does that make you today?
A. 70.
Q. Can I have your Social Security number,
please?
I that?
Road.
A. 195-28-0197.
Q. And your current address?
A. 229 Wood --
Q. Was that 229?
A. 229 Wood Street, Camp Hill, PA.
Q. What is the zip on that?
A. 17011.
Q. When did you begin living there?
A. Year and a half ago, year and a half.
Q. Where di d you live immediately before
A. Williamstown.
Q. Can you give me the address?
A. The address I believe was One Colliery
Q. And that was in Williamstown?
A. Yes.
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Q. And do you know the zip code?
A. No, I don't remember it.
Q. How long did you live there?
A. I don't remember exactly, but I would
say two, two and a half years.
Q. You know we're here about a motor
vehicle accident, motor vehicle pedestrian accident,
that happened on July 7th of 2004?
A. Yes.
Q. Were you living at the Colliery Road
address at the time of that accident?
A. Yes.
Q. Where did you live or how long had you
been at that address at the time that the accident
occurred?
A. I think I did answer about, my memory,
a year and a half to two years.
Q. You answered that you had lived there
I
for two to two and a half years, that was your
answer.
A. Whatever the answer is. I don't
remember.
Q. That was --
A. One and a half to two years, two and a
half years, I'd have to think about it, yes.
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Q. I asked you a different question
though. My question was at the time that this
incident occurred how long had you been living at
that address approximately?
MR. BRATIC: If you can remember.
THE WITNESS: Year and a half, if my
memory is good.
BY MR. CATANZARITE:
Q. Year and a half?
A. Yes.
Q. Now, who do you currently live with at
Wood Street?
A. No one.
Q. Did you live with anybody on Cleary
I Road?
A. Yes.
Q. Who did you live with?
A. Karen D. Bruner.
Q. When you moved into the Cleary Road
address, did she move in with you at that time?
A. Yes.
Q. Did you two purchase that house
together or did you purchase it on your own?
A. My own.
Q. When you purchased it, did you always
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have the idea that she was going to move in with you?
A. No.
Q. The first day that you moved in after
your purchase did she move in with you at that point?
A. No, because I had to do a lot of
remodeling when I bought it. I worked for months,
maybe a year, I don't remember.
Q. During that remodeling did you live
Ithere?
A. I did occasionally, but, no.
Q. Do you know when Karen moved in, Ms.
Bruner, moved in with you?
A. The exact date I do not know.
Q. Approximately, how long after the
purchase did she move in?
A. How long after the purchase I moved in
and then she moved in? I would say a year.
Q. This Cleary Road was there a house?
A. Colliery.
Q. Colliery. Was there a house on there?
Was it an apartment? What was it? Was it a town
house?
A. It was in the mountains. It was an
existing building but very dilapidated. It was a
rancher.
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Q. A rancher?
A. Yes, sir, type of home.
Q. You said it was in the mountains?
A. Yes.
Q. I'm not familiar with the area. Do you
recall approximately how long you and Karen were
living at that address before this incident occurred?
The incident occurred on July 7th of 2004.
A. Exactly I don't remember. I would say
between seven to a year, seven months to a year. I'm
just guessing.
Q. You would say at least seven months?
A. I would say, yes, maybe a year, but
those dates have to come back to your mind and think
about them.
Q. We are looking for a range. so it
would be fair to say anywhere from six or seven
months to a year?
A. Yes.
Q. Did Karen Bruner own any part of this
I house?
A. No, sir.
Q. Did she bring anything to the house
when she moved in?
A. Personal things only.
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Q. During the six months to a year before
this incident occurred did she make any purchases for
the house? I'll be more specific. Any fixtures for
the house?
A. No.
Q. When you say personal items, you're
talking about her clothes?
A. Clothing and make-up, things like that.
Q. Toiletries?
A. Make-up, whatever.
Q. Who did the grocery shopping?
A. She did some, I did most of it, and
some we did together.
Q. Did she purchase some of the groceries?
A. No.
Q. Did you buy everything for you two?
A. I was the chief in the house.
MR. BRATIC: Off the record.
(At this time there was a brief
discussion held off the record.)
BY MR. CATA NZARITE:
Q. As far as her make-up was concerned and
things and her toiletries that she used did she
purchase th ose on her own?
A. Yes.
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Q. So she did buy some things for the
(house?
A. I don't call toiletries for the house.
It was personal.
Q. Okay. And you're saying that you
bought all the food and all the drinks?
A. Correct.
Q. Was she employed during that time
period?
A. Yes.
Q. Where was she employed?
A. If my memory is good, Keystone
Industries I believe they call it. Mental
Institution of some kind.
Q. Was she receiving mail at that address?
A. Yes.
Q. It would be fair to say that when she
stayed there for that six to seven months to one year
time period she slept there every night?
A. Yes.
Q. She ate there every day?
A. Yes.
Q. She would get up in the morning and
leave from t here to go to work?
A. Yes.
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Q. After work she would drive back to that
residence?
A. Yes.
Q. Did she pay any of the bills of the
Ihouse?
A. No.
Q. Do you know if she had a credit card at
the time?
A. That I don't know.
Q. Did you two have any joint bank
accounts during that time?
A. Never did.
Q. Who did the cleaning of the house?
A. We share it.
Q. She assisted with that?
A. Occasionally.
Q. Did she have a key to the house?
A. Yes.
Q. Did this house include a garage?
A. No.
Q. Where would you park your vehicle?
A. Outside.
Q. Would she park her vehicle outside as
well?
A. Yes, has no other choice.
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Q. Did she pay her own bills as far as for
her vehicle?
A. Yes. Just to help you along, okay,
everything was separate, no accounts, no cash flow
back and forth period.
Q. What was your relationship with her
during that time period? Did you consider her a
friend? A girlfriend?
A. Friendly.
Q. Was there any romance involved?
A. Well, it happens.
Q. Did she have her own bedroom at the
Ihouse?
A. We had several bedrooms. We had three
bedrooms in the house.
Q. Did she use a separate bedroom or did
you guys sleep in the same bedroom?
A. Sometimes we did. Everybody had their
own room.
Q Okay.
A. She complained I snored.
Q. There is no question that she stayed or
that she lived at your residence for at least 14
consecutive days?
A. Yes.
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Q. There is no dispute as to that?
A. No.
Q. Had you ever been with her when she
indicated to anybody else that her residence was at
One Colliery Road?
A. No, I don't remember.
Q. Did you ever see her fill out an
application for anything indicating that that was her
residence?
A. No, I never saw it.
Q. Are you currently employed?
A. Self-employed.
Q. What do you do, sir?
A. Construction, real estate.
Q. Construction, you build things?
A. Yeah.
Q. Commercial? Residential?
A. Residential.
Q. Houses?
A. Yes.
Q. Do you have a name of your company?
A. No, George Shoemaker.
Q. And you said real estate?
A. I have owned real estate. I rehab my
own real estate.
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Q. And how long have you been
self-employed?
A. Ever since I can remember.
Q. A long time?
A. Yes.
Q. On the date of this incident, which was
July 7th, 2004, you were self-employed?
A. Correct.
Q. Did Ms. Bruner continue living at
Colliery Road after this incident occurred?
A. Yes.
Q. How much longer did she stay after
I that?
A.
Q -
A.
fall of ' 05.
Q•
A.
Q•
A.
Q•
A.
Q•
move with you?
When was the accident, 104 you say?
Yes.
I would say October or September, that
What happened?
I moved to Camp Hill.
What is that?
I moved to Camp Hill.
Did you keep that?
I sold it later.
When you moved to Camp Hill, did she
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A. Yes.
Q. Was there a reason why you left that
Colliery Road house?
A. Yes, there was a reason.
Q. What was the reason?
A. Excavating and getting coal out of the
mountains, it was too dusty.
Q. It was too dusty?
A. Yes, mining coal.
Q. Somebody still bought it?
A. Oh, yes.
Q. Did you tell them about the dust?
A. The fellow who does the excavation he
bought it for his office for personal reasons. I
told him if he doesn't buy it I'll be a thorn on his
side. I advised him to take it. I didn't get the
best price in the world, but I got better than...
Q. When you moved to Camp Hill Ms. Bruner
moved with you, correct?
A. Yes.
Q. And that is 229 Wood Street?
A. Yes.
Q. She doesn't live with you now?
A. No.
Q. When did she move out?
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A. In 106 sometime.
Q. I'm sorry?
A. In 106 sometime.
Q. Early? Middle? Late?
A. It was late.
Q. Was there a reason she moved out?
A. Personal reasons.
Q. Do you know where she currently lives?
A. I know about where she lives, but
exactly I don't know. I think it is -- I don't know
the number. Apple Drive is all I know, Apartment 184
-- 186.
Q. Do you still keep in contact --
A. In Mechanicsburg.
Q. In Mechanicsburg?
A. Sure, we are friends.
Q. How often do you talk to her?
A. I don't know. I don't keep track of
it.
Q. Is it on a daily basis? A weekly
basis? A monthly basis? A couple times a year?
A. I don't know, occasionally.
Q. On July 7th, 2004, you owned a 1998
Chevrolet Lumina; is that correct?
A. Yes.
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Q. Do you still own that vehicle?
A. Yes.
Q. Did you own any other vehicles on that
date?
A. On that date?
Q. July 7th, 2004.
A. Yes, I always own a truck.
Q. What type of truck was it?
A. I don't know because I change them
every six months. I don't know which particular
truck I had at that time, but I had a pickup truck.
My trucks don't last more than six months.
Q. The Lumina was insured through
Motorists Insurance Company, correct?
A. Yes.
Q. Was the pickup truck insured through --
A. Yes.
Q. -- Motorists as well?
A. Yes.
Q. You have to let me finish. You know
the question I'm going to ask, but for her sake wait
until I'm finished.
A. She's doing okay.
Q. Before July 7th, 2007 had Karen Bruner
ever operated the 1998 Chevrolet Lumina?
19 1
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A. Before?
Q. Before.
A. Karen Bruner would operate that car
very occasionally. There had to be a reason such as
if her car would be in service, inspection, or
similar items like that.
Q. She was operating it on July 7th, 2004,
correct?
A. Correct.
Q. Do you know why?
A. She was transporting the kid because
her -- what do you call it -- the safety seat, you
know, in the car it fitted better, it was a larger
i car.
Q. She had owned a Saturn, a 2001 Saturn
SL2 on that day, correct?
A. She didn't drive both of them on the
same day.
Q.
that date?
A.
Q.
using your --
A.
Q.
I said she owned a 2001 Saturn SL2 on
Correct.
And you are saying the reason she was
She asked me to use it.
You're saying the reason she was using
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the 1998 Chevrolet Lumina was because the child
safety seat fit better in the Lumina than it did in
the Saturn?
A. Right.
Q. Nothing was wrong with the Saturn at
Ithat time?
A. Not to my knowledge.
Q. Would you say that the Lumina was
available for her regular use whenever she needed it?
A. Not really.
Q. Was it available to her at any time
that her Saturn was not able to be driven?
A. If she would ask me, yes.
Q. Would you say that it was available for
her use at any time that she would ask you?
A. Not always.
Q. Were there any times that she asked you
to use it and you said no?
A. Many times.
Q. What was the reasoning for that?
A. Because I had to use the car for
personal reasons, go to the bank, go other places,
different things, and I didn't want to drive the
truck with the equipment on it.
Q. With what?
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A. With equipment on it.
Q. In the event you did not need the
Lumina to go anywhere and she had asked you to drive
it, would you have let her?
A. There always had to be a reason.
Q. Alright. Had she ever used the Lumina
before with the reason that the child safety seat fit
better in it?
A. Say that again.
Q. On July 7th, 2004 she used the Lumina
because the child safety seat fit better in that
vehicle than it did in the Saturn. Had she used it
on prior occasions for that same very reason?
A. Yes, occasionally and rarely, very
rarely.
Q. During the time that Ms. Bruner lived
with you at the Colliery Road address, did she live
anywhere else?
A. No.
Q. Did Karen Bruner purchase any items for
the Colliery Road address such as lamps, anything to
hang on a wall, anything to put in a living room or
to put in a bedroom, anything like that?
A. No.
Q. Purchase anything for the kitchen,
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other than groceries, such as spoons, forks, knives,
anything like that?
A. No material things. If she ever bought
maybe salt or something that she was out of it would
be very rare.
Q. Did you guys eat dinner together?
A. Sometimes.
Q. Would she sometimes cook?
A. No, I cook.
Q. You did the cooking?
A. Yes.
MR. BRATIC: Off the record.
(At this time there was a brief
discussion held off the record.)
BY MR. CATANZARITE:
Q. Was your 1998 Chevrolet Lumina damaged
as a result of this incident?
A. Some, yes.
Q. Did you get that damage fixed?
A. Yes.
Q. Who paid for the damage?
A. Out of my pocket.
Q. Didn't turn it over to the insurance?
A. No.
Q. Was it less than your deductible?
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A. I don't know. Pretty close.
Q. Have you been contacted by any
insurance company since this accident occurred and
given a recorded statement where they would have said
Mr. Shoemaker --
A. I don't remember. I don't think so.
MR. CATANZARITE: I don't have any more
questions for you, sir. I don't know if other
counsel has questions for you.
MR. BRATIC: No.
MR. CATANZARITE: You have a right to
review this transcript to make sure that the court
reporter typed down everything accurately or you can
agree to waive your signature, whereby you'll be
saying that she did type --
THE WITNESS: I'm sure she did.
MR. BRATIC: We'll take a copy.
MR. CATANZARITE: Thank you for coming
in, sir. That is all.
(At this time the deposition in
the above-captioned case was
concluded.)
C E R T I F I C A T E
I do hereby certify that before the
taking of his/her deposition the said witness was
by me first duly sworn to testify the truth, the
whole truth and nothing but the truth and that the
above deposition was recorded in stenotype by me
and reduced to typewriting under my supervision.
--I? - - k-'UL,
Su nne Minello-Devine
Notary Public
Elite Concordia Utility - CONCORD3
[6] 3:9, 13
-- [14] 4:17, 19;
5:11; 6:23;
17:10, 12, 13;
18:16, 18;
19:12, 23; 23:5,
15
- 1 -
11 [1] 5:4
14 [2] 5:4; 13:23
17011 [1] 5:15
184 [1] 17:11
186 [1] 17:12
195-28-0197 [1]
5:9
1998 [4] 17:23;
18:25; 20:1;
22:16
- 2 -
2001 [2] 19:15,
19
2004'[71 6:8;
9:8; 15:7;
17:23; 18:6;
19:7; 21:10
2007 [1] 18:24
229 [4] 5:11, 12,
13; 16:21
- 3 -
36 [1] 5:4
- 7 -
70 [1] 5:6
7th [8] 6:8; 9:8;
15:7; 17:23;
18:6, 24; 19:7;
21:10
- A -
address [11]
5:10, 21, 22;
6:11, 14; 7:4,
20; 9:7; 11:15;
21:17, 21
advised [1] 16:16
ago [1] 5:17
agree [1] 23:14
allow [2] 4:20,
24
along [1] 13:3
alright [11 21:6
although [11 3:25
always [4] 7:25;
18:7; 20:16;
21:5
among [11 3:1
answer [6] 4:9,
21, 24; 6:16,
20, 21
answered [21
4:11; 6:18
answers [11 4:16
anybody [2] 7:14;
14:4
anything [71
9:23; 14:8;
21:21, 22, 23,
25; 22:2
anywhere [3]
9:17; 21:3, 18
apartment [21
8:21; 17:11
apple [1] 17:11
application [1]
14:8
approximately [3]
7:4; 8:14; 9:6
area [11 9:5
ask [8] 4:4, 6,
7, 20; 18:21;
20:13, 15
asked [4] 7:1;
19:24; 20:17;
21:3
assisted [1]
12:15
assume [1] 4:10
ate [1] 11:21
auto [1] 3:21
available [3]
20:9, 11, 14
- B -
above-captioned
[1] 23:22
accident [6] 6:7,
11, 14; 15:14;
23:3
accordingly [1]
4:12
accounts [21
12:11; 13:4
accurately [1]
23:13
back [31 9:14;
12:1; 13:5
bank [21 12:10;
20:22
basis [3] 17:20,
21
bedroom [41
13:12, 16, 17;
21:23
bedrooms (21
13:14, 15
begin [3] 4:21,
25; 5:16
believe [2] 5:22;
11:13
best [1] 16:17
better [5] 16:17;
19:13; 20:2;
21:8, 11
between [1] 9:10
bills [2] 12:4;
13:1
birth [1] 5:3
both [2] 4:23;
19:17
bought [51 8:6;
11:6; 16:10, 14;
22:3
bratic [5] 7:5;
10:18; 22:12;
23:10, 17
brief [2] 10:19;
22:13
briefly [1] 4:2
bring [1] 9:23
bruner [9] 7:18;
8:12; 9:20;
15:9; 16:18;
18:24; 19:3;
21:16, 20
build [1] 14:15
building [1] 8:24
buy [31 10:16;
11:1; 16:15
- C -
call [3] 11:3,
13; 19:12
camp [5] 5:13;
15:19, 21, 24;
16:18
cannot [1] 4:16
car [5] 19:3, 5,
13, 14; 20:21
card [1] 12:7
case [1] 23:22
cash [1] 13:4
catanzarite [8]
3:16, 21; 7:8;
10:21; 22:15;
23:7, 11, 18
certification [1]
3:3
change [11 18:9
chevrolet [4]
17:24; 18:25;
20:1; 22:16
chief [1] 10:17
child [3] 20:1;
21:7, 11
choice [1] 12:25
cleaning [1]
12:13
cleary [3] 7:14,
19; 8:18
close [1] 23:1
clothes [1] 10:7
clothing [1] 10:8
coal [2] 16:6, 9
code [1] 6:1
colliery [9]
5:22; 6:10;
8:19, 20; 14:5;
15:10; 16:3;
21:17, 21
come [1] 9:14
coming [1] 23:18
commercial [1]
14:17
company [4] 3:22;
14:21; 18:14;
23:3
complained [1]
13:21
concerned [1]
10:22
concluded [11
23:23
consecutive [1]
13:24
consider [1] 13:7
construction [2]
14:14, 15
contact [1] 17:13
contacted [1]
23:2
continue [1] 15:9
cook [2] 22:8, 9
cooking [1] 22:10
copy [1] 23:17
correct [9] 11:7;
15:8; 16:19;
17:24; 18:14;
19:8, 9, 16, 21
could [11 3:17
counsel [2] 3:2;
23:9
couple [1] 17:21
court [31 4:13,
21; 23:12
courtesy [1] 4:24
credit [1] 12:7
current [11 5:10
currently [3]
7:11; 14:11;
17:8
- D -
d [1] 7:18
daily [1] 17:20
damage [21 22:19,
21
damaged [11 2 2 :16
date [6] 5:3;
8:13; 15:6;
18:4, 5; 19:20
dates [1] 9:14
day [41 8:3;
Elite Concordia Utility - CONCORDS
Elite Concordia Utility - CONCORD3
11:21; 19:16, 18
days [1] 13:24
deductible [1]
22:25
deposition [2]
3:23; 23:21
different [2]
7:1; 20:23
difficult [1]
4:22
dilapidated [1]
8:24
dinner [1] 22:6
discussion [2]
10:20; 22:14
dispute [1] 14:1
doesn't [2]
16:15, 23
doing [1] 18:23
down [41 4:14,
16, 22; 23:13
drinks [11 11:6
drive [51 12:1;
17:11; 19:17;
20:23; 21:3
driven [11 20:12
duly [1] 3:10
during [61 8:8;
10:1; 11:8;
12:11; 13:7;
21:16
dust [1] 16:12
dusty [2] 16:7, 8
existing [1] 8:24
- F -
fair [2] 9:17;
11:17
fall [1] 15:17
familiar [1] 9:5
far [2] 10:22;
13:1
fellow [1] 16:13
filing [1] 3:4
fill [1] 14:7
fine [1] 4:3
finish [3] 4:20,
24; 18:20
finished [11
18:22
first [1] 8:3
fit [3] 20:2;
21:7, 11
fitted [1] 19:13
fixed [1] 22:19
fixtures [11 10:3
flow [1] 13:4
follows [1] 3:12
food [1] 11:6
forks [1] 22:1
form [1] 3:5
forth [1] 13:5
friend [1] 13:8
friendly [1] 13:9
friends [1] 17:16
- E -
early [1] 17:4
eat [1] 22:6
else [2] 14:4;
21:18
employed [31
11:8, 11; 14:11
equipment [2]
20:24; 21:1
estate [4] 14:14,
23, 24, 25
event [11 21:2
every [3] 11:19,
21; 18:10
everybody [11
13:18
everything [4]
4:14; 10:16;
13:4; 23:13
exact [1] 8:13
exactly [3] 6:4;
9:9; 17:10
examination [1]
3:15
examined [11 3:11
excavating [1]
16:6
excavation [1]
16:13
except [1] 3:5
- G -
garage [1] 12:19
george [31 3:10,
19; 14:22
getting [1] 16:6
girlfriend [1]
13:8
give [11 5:21
given [1] 23:4
go [5] 4:2;
11:24; 20:22;
21:3
going [7] 4:1, 4,
10, 14; 8:1;
18:21
good [21 7:7;
11:12
got [1] 16:17
groceries [2]
10:14; 22:1
grocery [1] 10:11
ground [11 4:2
guessing [1] 9:11
guys [2] 13:17;
22:6
- H -
half [9] 5:17;
6:5, 17, 19, 24,
25; 7:6, 9
hang [11 21:22
happen [11 4:1
happened [2) 6:8;
15:18
happens [11 13:11
happy [11 4:8
having [11 3:10
head [11 4:19
hear [11 4:5
heard [11 4:10
held [2] 10:20;
22:14
help [1] 13:3
here [4] 4:1, 5,
15; 6:6
hill [5] 5:13;
15:19, 21, 24;
16:18
home [11 9:2
house [18] 7:22;
8:18, 20, 22;
9:21, 23; 10:3,
4, 17; 11:2, 3;
12:5, 13, 17,
19; 13:13, 15;
16:3
houses [1] 14:19
- I -
idea (1] 8:1
immediately [1]
5:18
incident [7] 7:3;
9:7; 10:2; 15:6,
10; 22:17
include [1] 12:19
indicated [1]
14:4
indicating [1]
14:8
industries [1]
11:13
inspection [1]
19:5
institution [1]
11:14
insurance [41
3:21; 18:14;
22:23; 23:3
insured [21
18:13, 16
involved [11
13:10
items [3] 10:6;
19:6; 21:20
- J -
july [8] 6:8;
9:8; 15:7;
17:23; 18:6, 24;
19:7; 21:10
- R -
karen [7] 7:18;
8:11; 9:6, 20;
18:24; 19:3;
21:20
keep [4] 4:15;
15:22; 17:13, 18
key [1] 12:17
keystone [11
11:12
kid [1] 19:11
kind [11 11:14
kitchen [1] 21:25
knives [1] 22:1
knowledge [11
20:7
- L -
lamps [1] 21:21
larger [1] 19:13
last [1] 18:12
late [2] 17:4, 5
later [1] 15:23
lawsuit [1] 3:22
least [2] 9:12;
13:23
leave [1] 11:24
left [1] 16:2
less [1] 22:25
live [9] 5:18;
6:3, 13; 7:11,
14, 17; 8:8;
16:23; 21:17
lived [31 6:18;
13:23; 21:16
lives [2] 17:8, 9
living [6] 5:16;
6:10; 7:3; 9:7;
15:9; 21:22
long [81 6:3, 13;
7:3; 8:14, 16;
9:6; 15:1, 4
longer [11 15:12
looking [11 9:16
lot [1] 8:5
lumina [101
17:24; 18:13,
25; 20:1, 2, 8;
21:3, 6, 10;
22:16
- M -
mail [1] 11:15
jeff [1] 3:20 make [3] 5:5;
joint [1] 12:10 10:2; 23:12
Elite Concordia Utility - CONCORD3
Elite Concordia Utility - CONCORDS
make-up [3] 10:8,
10, 22
many [1] 20:19
material [1] 22:3
may [1] 3:25
maybe [3] 8:7;
9:13; 22:4
mechanicsburg [2]
17:14, 15
memory [3] 6:16;
7:7; 11:12
mental [1] 11:13
middle [1] 17:4
mind [11 9:14
mining [11 16:9
monthly [1] 17:21
months [81 8:6;
9:10, 12, 18;
10:1; 11:18;
18:10, 12
more [41 4:8;
10:3; 18:12;
23:7
morning [1] 11:23
most [1] 10:12
motor [2] 6:6, 7
motorists [2]
18:14, 18
mountains [3]
8:23; 9:3; 16:7
move [6] 7:20;
8:1, 4, 15;
15:25; 16:25
moved [13] 7:19;
8:3, 11, 12, 16,
17; 9:24; 15:19,
21, 24; 16:18,
19; 17:6
much [1] 15:12
- N -
name (3] 3:17,
20; 14:21
need [21 4:15;
21:2
needed [11 20:9
never [21 12:12;
14:10
next [1] 4:25
night [1] 11:19
nod [11 4:19
nothing [11 20:5
now [2] 7:11;
16:23
number [21 5:7;
17:11
- O -
objections [1]
3:5
occasionally [5]
8:10; 12:16;
17:22; 19:4;
21:14
occasions [11
21:13
occurred [7]
6:15; 7:3; 9:7,
8; 10:2; 15:10;
23:3
october [1] 15:16
offer [1] 4:23
office [1] 16:14
often [1] 17:17
oh [1] 16:11
old [1] 5:5
one [6] 4:9;
5:22; 6:24;
7:13; 11:18;
14:5
only [1] 9:25
operate [1] 19:3
operated [11
18:25
operating [1]
19:7
outside [2]
12:22, 23
own [11] 7:23,
24; 9:20; 10:24;
13:1, 12, 19;
14:25; 18:1, 3,
7
owned [4] 14:24;
17:23; 19:15, 19
- P -
pa [1] 5:13
paid [1] 22:21
park [21 12:21,
23
part [1] 9:20
particular [1]
18:10
parties [1] 3:2
pay [2] 12:4;
13:1
pedestrian [1]
6:7
period [4] 11:9,
19; 13:5, 7
personal [61
9:25; 10:6;
11:4; 16:14;
17:7; 20:22
pickup [2] 18:11,
16
places [1] 20:22
please [3] 3:17;
4:7; 5:8
pocket [1] 22:22
point [1] 8:4
pretty [1] 23:1
price [1] 16:17
prior [1] 21:13
purchase [9]
7:22, 23; 8:4,
15, 16; 10:14,
24; 21:20, 25
purchased [11
7:25
purchases [1]
10:2
put [2] 21:22, 23
- Q -
question [10]
3:6; 4:6, 7, 11,
21, 25; 7:1, 2;
13:22; 18:21
questions [6]
4:5, 10, 20;
5:1; 23:8, 9
- R -
rancher [21 8:25;
9:1
range [11 9:16
rare [11 22:5
rarely [21 21:14,
15
reading [11 3:3
real (41 14:14,
23, 24, 25
really [1] 20:10
reason (101 16:2,
4, 5; 17:6;
19:4, 22, 25;
21:5, 7, 13
reasoning [11
20:20
reasons [3]
16:14; 17:7;
20:22
recall [1] 9:6
receiving [1]
11:15
record [5] 3:18;
10:18, 20;
22:12, 14
recorded [1] 23:4
regular [1] 20:9
rehab [1] 14:24
relationship [1]
13:6
remember [91 6:2,
4, 22; 7:5; 8:7;
9:9; 14:6; 15:3;
23:6
remodeling [2]
8:6, 8
rephrase [1] 4:8
reporter [3]
4:13, 22; 23:13
represent [1]
3:21
reserved [1] 3:6
residence [4]
12:2; 13:23;
14:4, 9
residential [2]
14:17, 18
respective [1]
3:2
restate [1] 4:7
result [1] 22:17
review [1] 23:12
right [31 4:14;
20:4; 23:11
road [101 5:23;
6:10; 7:15, 19;
8:18; 14:5;
15:10; 16:3;
21:17, 21
romance [1) 13:10
room [2] 13:19;
21:22
rules [1] 4:2
- S -
s-h-o-e-m-a-k-e-r
[1] 3:19
safe [1] 3:21
safety [4] 19:12;
20:2; 21:7, 11
said [6] 4:15;
9:3; 14:23;
19:19; 20:18;
23:4
sake [1] 18:21
salt [1] 22:4
same [5] 4:23,
24; 13:17;
19:18; 21:13
saturn [7] 19:15,
19; 20:3, 5, 12;
21:12
saw [1] 14:10
say [13] 6:5;
8:17; 9:9, 12,
13, 17; 10:6;
11:17; 15:14,
16; 20:8, 14;
21:9
saying [41 11:5;
19:22, 25; 23:15
sealing [1] 3:3
seat [4] 19:12;
20:2; 21:7, 11
security [1] 5:7
self-employed [3]
14:12; 15:2, 7
separate [21
13:4, 16
september (11
15:16
series [1] 4:4
service [1] 19:5
seven [51 9:10,
12, 17; 11:18
several [1] 13:14
share [11 12:14
Elite Concordia Utility - CONCORD3
Elite Concordia Utility - CONCORD3
shoemaker [5]
3:10, 19, 20;
14:22; 23:5
shopping [11
10:11
shoulders [1]
4:17
shrug [11 4:17
side [1] 16:16
signature [1]
23:14
signing [1] 3:3
similar [1] 19:6
since [2] 15:3;
23:3
sir [7] 3:24;
5:2; 9:2, 22;
14:13; 23:8, 19
sitting [1] 4:13
six [5] 9:17;
10:1; 11:18;
18:10, 12
s12 [2] 19:16, 19
sleep [1] 13:17
slept [1] 11:19
snored [1] 13:21
social [1] 5:7
sold [1] 15:23
somebody [11
16:10
something ( 1)
22:4
sometime [21
17:1, 3
sometimes [3]
13:18; 22:7, 8
sorry [1] 17:2
specific [1] 10:3
spoons [11 22:1
state [1] 3:17
statement [1]
23:4
stay [1] 15:12
stayed [2] 11:18;
13:22
still [3] 16:10;
17:13; 18:1
stipulated [1]
3:1
street [3] 5:13;
7:12; 16:21
such [3] 19:4;
21:21; 22:1
sure [4] 3:25;
17:16; 23:12, 16
sworn [1] 3:11
- T -
talk [1] 17:17
talking [21 4:23;
10:7
testified [1]
3:12
thank [11 23:18
things [7] 9:25;
10:8, 23; 11:1;
14:15; 20:23;
22:3
thorn [1] 16:15
though [1] 7:2
three [11 13:14
through [2]
18:13, 16
time [23] 3:6;
4:5, 9, 22, 23;
6:11, 14; 7:2,
20; 10:19; 11:8,
19; 12:8, 11;
13:7; 15:4;
18:11; 20:6, 11,
15; 21:16;
22:13; 23:21
times [3] 17:21;
20:17, 19
today [4] 4:1, 5,
15; 5:5
together [31
7:23; 10:13;
22:6
toiletries [3]
10:9, 23; 11:3
told [2] 4:1;
16:15
town [1] 8:21
track (1] 17:18
transcript [1]
23:12
transporting [1]
19:11
trial [11 3:7
truck [6] 18:7,
8, 11, 16; 20:24
trucks [11 18:12
turn [1] 22:23
two [10] 6:5, 17,
19, 24; 7:22;
10:16; 12:10
type [5] 4:14,
16; 9:2; 18:8;
23:15
typed [1] 23:13
typing [1] 4:22
- U -
undergone [1]
3:22
understand [3]
4:6, 18, 25
understood [1]
4:11
use [6] 13:16;
19:24; 20:9, 15,
18, 21
used [4] 10:23;
21:6, 10, 12
using [2] 19:23,
25
- V -
vehicle [7] 6:7;
12:21, 23; 13:2;
18:1; 21:12
vehicles [1] 18:3
verbal [1] 4:16
very [5] 8:24;
19:4; 21:13, 14;
22:5
- W -
wait [1] 18:21
waive [1] 23:14
waived [11 3:4
wall [1] 21:22
we're [1] 6:6
weekly [11 17:20
whatever [2]
6:21; 10:10
whenever [11 20:9
whereby [1] 23:14
williamstown [2]
5:20, 24
witness [3] 3:11;
7:6; 23:16
wood [4] 5:11,
13; 7:12; 16:21
work [2] 11:24;
12:1
worked [1] 8:6
world [1] 16:17
wrong [1] 20:5
- Y -
yeah [1] 14:16
year [14] 5:17;
6:17; 7:6, 9;
8:7, 17; 9:10,
13, 18; 10:1;
11:18; 17:21
years [5] 6:5,
17, 19, 24, 25
you'll [1] 23:14
- Z -
zip [2] 5:14; 6:1
Elite Concordia Utility - CONCORD3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within MOTION FOR
SUMMARY JUDGMENT, BRIEF IN SUPPORT AND PROPOSED ORDER OF COURT
were served upon the following counsel of record on the C9 day of ,
2007, by U.S. First Class Mail, postage prepaid:
Dusan Bratic, Esquire
BRATIC & PORTKO
tot Office Center, Suite A
1o1 U.S. Route 15
Dillsburg, PA 17019
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
By:
I ' Catanzarite, Esquire
sel for Plaintiff
Auto Insurance Company
14533
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SAFE AUTO INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 06-3101 CIVIL TERM
KAREN BRUNER, CHRISTINA TEMES : CIVIL ACTION - LAW
And CHRISTINA TEMES, .
ADMINISTRATRIX OF THE ESTATE
OF HUNTER TEMES, DECEASED
. Defendants JURY TRIAL DEMANDED
Defendants, Karen Bruner and Christina Temes and Christina Temes Administratrix of the
Estate of Hunter Temes, Deceased, by and through their attorney Dusan Bratic of Bratic & Portko, file
the following Answer to Plaintiff's Motion for Summary Judgment.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted, however, Christina Temes individually and as Administratrix of the Estate
of Hunter Temes filed an Answer to that Declaratory Judgment action.
9. Admitted.
10. Admitted, but by further response a statement from her psychologist was submitted
earlier to counsel for Safe Auto indicating that having Karen Bruner go through a deposition was
40
emotionally too traumatic for her, as it would entail reliving the horrific accident in which her
grandson was killed. A copy of that cover letter and the psychologist's statement are attached as
Exhibit A.
11. Admitted.
12. Admitted.
13. Admitted as no new issues are raised by the request for admissions.
14. Admitted.
15. Admitted as no new issues are raised by the request for admissions.
16. Admitted.
17. Admitted.
18. Admitted insofar as it indicates that a person is a resident of her household when they
physically live in "your household". In this particular case the deposition of George Shoemaker
clearly indicates that it was not Karen Bruner's household, but rather George Shoemaker's
household.
19. Admitted.
20. Admitted.
21. Denied. George Shoemaker was not a resident of Karen Bruner's household on the
day of the subject accident. On the contrary Karen Bruner was living in George Shoemaker's
household as testified to by George Shoemaker.
22. Denied. It is denied that liability coverage is not due. George Shoemaker was not a
resident of Karen Bruner's household. Coverages should be due as they are for minimum coverages
for which premiums were paid and accepted by Safe Auto.
23. This is a conclusion of law to which a response is not required. However, it is denied
that Safe Auto does not owe the coverages. Coverages should be due as they are for minimum
coverages for which premiums were paid and accepted by Safe Auto. Safe Auto controlled the
language of the policy and it could have chosen any language that it sought in the policy. In this
case it clearly indicated it would not cover members of "your household" referring to Karen
Bruner's household. By way of separate argument it is denied that this exclusion is valid under the
facts of this case because it effectively denies any coverage under her liability policy for this
accident. Safe Auto could have chosen the language such as we would not provide coverage for
"any member of the household in which you reside", but it chose not to do so. Under the rules of
strict instruction determination should be held against Safe Auto.
Wherefore the Defendants request the Court to order the Plaintiff to pay the minimum amount
due under the MVFRL, which is $15,000 to Christina Temes and to Christina Temes Administratrix of
the Estate of Hunter Temes, Deceased.
Date: 9' 2 2 -01
Dusan Bratic, Esq. ID 19249
Attorney for Plaintiff
101 South U.S. Route 15
Dillsburg PA 17019
(717) 432-9706
.. .
VERIFICATION
I, Christina M. Temes hereby acknowledge that I am a Plaintiff(s) in the foregoing action
and the facts stated therein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated:
71 x I if
Christina M. Temes
.,.
SAFE AUTO INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V
NO. 06-3101 CIVIL TERM
KAREN BRUNER, CHRISTINA TEMES : CIVIL ACTION - LAW
And CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE
OF HUNTER TEMES, DECEASED
Defendants : JURY TRIAL DEMANDED
I HEREBY CERTIFY that a true and correct copy of the Defendants' Answer to Motion for
Summary Judgment was furnished by first class mail, postage prepaid, this .23'd day of August, 2007
to:
Date: R-D 3 -Cr>
Jeffrey C. Catanzarite, Esquire
SUMMERS, MCDONNEL, HUDOCK, GUTHRIE & SKEEL, LLP
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
D#san Bratic, Esq. ID 19249
Attorney for Plaintiff
101 South U.S. Route 15
Dillsburg PA 17019
(717) 432-9706
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ern
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
------------------------------------------------------------------------------------
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment.
2. Identify counsel who will argue cases:
(a) for plaintiff:
Jeffrey C. Catanzarite, Esquire
Summers McDonnell Hudock Guthrie & Skeel, L.L.P.
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(b) for defendants:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
3. 1 will notify all parties in writing within two days that this case has been
listed for argument.
4. Argument Court Date: November 21, 2007
,/,?l
Je 6 C. Catanzarite
Date: August 28, 2007 A orney for Plaintiff
Auto Insurance Company
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Praecipe for Listing
Case for Argument was served upon the following counsel of record on the 28th
day of August, 2007, by U.S. First Class Mail, postage prepaid:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
By:
Summers, McDonnell, Hudock,
Authrie & Skeel, L.L.P.
{y C. Catanzarite, Esquire
sel for Plaintiff
Auto Insurance Company
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Safe Auto Insurance Company
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Karen Bruner, Christina Temes and Christina
Temes, Administratrix of the Estate of Hunter
Temes, Deceased
Y
NO. 2006-3101 CIVIL TERM
ORDER OF COURT
AND NOW, October 4, 2007, by agreement of counsel, the above-captionec
matter is continued from the October,3, 2007 Argument Court list. Counsel is directed to re ' - tlle`
case when ready.
By 'thert;' /
Edgar B. Bayley, J.
Jeffrey C. Catanzarite, Esquire
For the Plaintiff
Dusan Bratic, Esquire
For the Defendant
S/6 7
may,.
Court Administrator " .
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SAFE AUTO INSURANCE COMPANY,
Plaintiff,
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
CIVIL DIVISION
NO.: 06-3101
PRAECIPE FOR LISTING CASE
FOR ARGUMENT
(Jury Trial Demanded)
Defendants.
Filed on Behalf of Plaintiff
Counsel of Record for this Party:
Jeffrey C. Catanzarite, Esquire
PA I.D. #: 72765
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
Firm No. 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#14533
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
-------------------------------------------------------------------------------------------------------------------
SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION
Plaintiff,
NO.: 06-3101
V.
KAREN BRUNER, CHRISTINA TEMES
and CHRISTINA TEMES, ADMINISTRATRIX
OF THE ESTATE OF HUNTER TEMES,
DECEASED,
Defendants.
1 . State matter to be argued (i.e. plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment.
2. Identify counsel who will argue cases:
(a) for plaintiff:
Jeffrey C. Catanzarite, Esquire
Summers McDonnell Hudock Guthrie & Skeel, L.L.P.
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(b) for defendants:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Diilsburg, PA 17019
3. 1 will notify all parties in writing within two days that this case has been
listed for argument.
4. Argument Court Date:
Date: October 4, 2007
November 21, 2007
Je y atanzarite
A or y for Plaintiff
afe uto insurance Company
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Praecipe for Listing
Case for Argument was served upon the following counsel of record on the 4th day
of October, 2007, by U.S. First Class Mail, postage prepaid:
Dusan Bratic, Esquire
Bratic & Portko
101 Office Center, Suite A
101 U.S. Route 15
Dillsburg, PA 17019
Summers, McDonnell, Hudock,
Gu rie & Skeel, L.L.P.
By:
Jeffr y C. Catanzarite, squire
Counsel for Plaintiff
Safe Auto Insurance Company
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SAFE AUTO INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V : NO. 06-3101 CIVIL TERM
KAREN BRUNER, CHRISTINA TEMES : CIVIL ACTION - LAW
And CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE
OF HUNTER TEMES, DECEASED
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Defendants' Praecipe was famished
by hand delivery, this 21" day of November, 2007 to:
Jeffrey C. Catanzarite, Esquire
SUMMERS, MCDONNEL, HUDOCK, GUTHRIE & SKEEL, LLP
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
Date: Z! /4 ?
TOTAL P.03
Dusan Bratic, Esq. ID 19249
Attorney for Plaintiff
101 South U.S. Route 15
Dillsburg PA 17019
(717) 432-9706
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SAFE AUTO INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V : NO. 06-3101 CIVIL TERM
KAREN BRUNER, CHRISTINA TEMES : CIVIL ACTION - LAW
And CHRISTINA TEMES,
ADMINISTRATRIX OF THE ESTATE
OF HUNTER TEMES, DECEASED
Defendants : JURY TRIAL DEMANDED
PRAECIPE TO ATTACH EXSW A TO DEFENDANTS'
ANSWER TO MOTION FOR SUMMARY JUDGMENT
r
Dear Prothonotary:
Please attach the enclosed letter dated November 19, 2007, from Michael S. Phillips LLSW, MDIV,
to Defendants' Answer to Motion for Summary Judgment as Exhibit A.
Date: fl ?Z116
Dusan Bratic, Esq. ID 19249
Attorney for Plaintiff
101 South U.S. Route 15
Dillsburg PA 17019
(717) 432-9705
11/19107 MON 14:16 FAX 7177961486 PCS 002
J,
OVeenmWylvaria
Pennsylvania Counseling Services -West Shore
CounsellOg 6MVIC U 445 Gettysburg Pike, Mechanicsbtug, PA 17055 • (717) 795-6363 - Pax: (7717) 796.1466 • pecourdding cm
C--7? $arbara j. Sct=iM M.A., CA.C, Clinic Director
Roy A. Smith )1:, MD., President, CEO - Ruth M. Davis, MBA, Erendim Ptce•Plesident
CARMLB
I Gayalone Road
CUSA PA17013
(717) 7159295
Par (R7) 2454796
HARRISBURG
1916 LW06t Lane
NaniAnnqp PA 17109
(717) 67n461o
Fax. (717) 6719660
LANCASM
6079 Mile Saeet
East Percr*un.. PA Me
(7U) SOMIA
Fax (717) SW4%1
LANCASTER CM
302 Wcat orange sn"t
Lameter, PA 17600
(717)397.8061
Pat (717)397-041•
LEBANON
350 North Sloth Avenue
LdMW4 PA 17D46
(717)272.1653
Fix (W) V2-"
POMCE
116 South Sth wove
Reading, PA 19602
(610)!205640
rax (610) 3266442
19AWNG
1733 hero Avenue
WyomlWn544/!16, PA1%09
(610) 670?
Far (610) 6786829
1 RIFADIM C11Y
996 PxW=I
Read PA 196M
I At 4784060
Fax: (61M 4764664
R13WSSANCB
701Ch *udStIW
Labatwr PA 1441
(717)274-1741
Fix: (n7) MUM
RENAISSANM CAObSWADS
701 C hl§bUd Saes
LeOaron. PA
(717)2744SAI
FM (717) 27183M
YOU
26 Mount Tian Roil
York. PA 174%
(717) 004ft
far. (717) 75541054
November 19, 2007
To Whom it May Concern;
It has come to my attention that Ms. Karen Bruner nay be asked to testify
regarding the untimely death of her grandson. She is very concerned about
having to relive the trauma of the incident in a legallcourtroom setting. This has
already brought a great deal of amriety to her. i have met with Karen since prior
to that occurrence. i recommend for the sake of her continued stability that if her
testimony is absolutely required it be done in written form.
Sincerely,
I"jVj .. I
nZ4- b,
Michael S. Phillips, LC SW, MD1V
Therapist
ru 2oi Can
Employea AWaMW
P-9-
1400, ll.000
SAFE AUTO INSURANCE COMPANY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KAREN BRUNNER,
CHRISTINA TEMES AND CHRISTINA
TEMES, ADMINISTRATRIX OF THE
ESTATE OF HUNTER TEMES,
DECEASED,
DEFENDANTS
06-3101 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND HESS, J.
ORDER OF COURT
AND NOW, this .10 day of December, 2007:
(1) The motion of Safe Auto Insurance Company for summary judgment, IS
GRANTED.
(2) IT IS ADJUDGED that Safe Auto Insurance Company does not provide
liability coverage to Karen Brunner for any damages arising out of Brunner's accident on
July 7, 2004.
By the
6effrey C. Catanzarite, Esquire
For Plaintiff
For Bratic, Esquire
For Defendant Karen Brunner
:sal
J
Edgar B. Bayley, J.
Ln
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SAFE AUTO INSURANCE COMPANY,
PLAINTIFF
V.
KAREN BRUNNER,
CHRISTINA TEMES AND CHRISTINA
TEMES, ADMINISTRATRIX OF THE
ESTATE OF HUNTER TEMES,
DECEASED,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-3101 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND HESS, J.
OPINION AND ORDER OF COURT
Bayley, J., December 10, 2007:--
Defendant, Karen Brunner, was the owner of a Saturn that was insured by
plaintiff, Safe Auto Insurance Company. On July 7, 2004, while Brunner was operating
a Chevrolet owned by George Shoemaker, she was involved in an accident in a parking
lot in Camp Hill, Cumberland County. The accident occurred when her daughter,
Christina Temes, was about to put Brunner's grandson, Hunter Temes, into her vehicle.
Temes and Hunter were standing by the backdoor when the Chevrolet driven by
Brunner struck the Temes' vehicle. The impact moved the Temes vehicle into Temes
and Hunter. Temes was injured and Hunter was killed.
Christina Temes, individually and as administratirix of the estate of Hunter
Temes, submitted a liability to claim to Safe Auto under the policy it issued to Karen
Brunner for her Saturn. Safe Auto has denied coverage and instituted this action for a
declaratory judgment to resolve the coverage dispute. The Safe Auto policy provides
that "Liability coverage applies to you while driving your covered auto and to you while
06-3101 CIVIL TERM
driving a non-owned auto, if you have permission from the owner to drive the auto."
That provision is subject to the following exclusion:
"Liability coverage will not apply to you while driving an auto that is
not listed on the Declarations Page and that is:
1. Owned or leased by you; or
2. Available for your regular use, or
3. Owned or leased by a resident of your household."
The policy defines a "resident" as "any person who physically lives in your
household for longer than fourteen (14) consecutive days." It does not define
"household." Safe Auto seeks summary judgment, maintaining that there are no factual
disputes, and on this record, as a matter of law, at the time of the accident on July 7,
2004: (1) Brunner and Shoemaker were residents in the same household at One
Colliery Road, Williamstown, Pennsylvania, (2) they had resided together in that
household for more than fourteen consecutive days, (3) Brunner was operating a
Chevrolet owned by Shoemaker, and (4) the Chevrolet was not an auto that was listed
on the declaration page of Brunner's Safe Auto policy. Therefore, plaintiff seeks
summary judgment in form of a declaration that the insurance policy it issued to Brunner
for her Saturn does not provide liability coverage for the accident on July 7, 2004.
In Washington v. Baxter, supra, the Supreme Court of Pennsylvania set
forth the standard for deciding a motion for summary judgment. A court:
... must view the record in the light most favorable to the non-
moving party, and all doubts as to the existence of a genuine issue
of material fact must be resolved against the moving party.
Pennsylvania State University v. County of Centre, 532 Pa. 142,
143-145, 615 A.2d 303, 304 (1992). In order to withstand a motion
for summary judgment, a non-moving party "must adduce sufficient
evidence on an issue essential to his case and on which he bears
the burden of proof such that a jury could return a verdict in his
favor. Failure to adduce this evidence establishes that there is no
genuine issue of material fact and the moving party is entitled to
-2-
06-3101 CIVIL TERM
judgment as a matter of law." Ertrel v. Patriot-News Co., 544 Pa.
93, 101-102, 674 A.2d 1038, 1042 (1996).
Karen Brunner has admitted the following facts. She was operating a Chevrolet
owned by George Shoemaker at the time of the accident on July 7, 2004. On that date
she lived at and was a resident of One Colliery Road, Williamstown, Pennsylvania, and
had lived there for longer than fourteen consecutive days. The house at One Colliery
Road, Williamstown, Pennsylvania, was owned by George Shoemaker. She possessed
a key to the house and received her mail there. On July 7, 2004, she did not own or
rent any other premises and/or did not live any where else other than One Colliery
Road, Williamstown. She was involved in a romantic relationship with George
Shoemaker. Shoemaker permitted her to operate his Chevrolet when her vehicle could
not have been used or when she needed to transport any child in a child safety seat.
George Shoemaker testified in a deposition that he purchased the house at One
Colliery Road, Williamstown approximately a year and a half before July 7, 2004. He
did some remolding and Karen Brunner moved in approximately a year later. She
brought her personal things to the house. He did most of the grocery shopping but she
did some. She slept at the house and ate there everyday. They shared cleaning the
house. He described their relationship during the period as "friendly." When asked,
"Was there any romance involved," he answered "Well, it happens." While they each
had a bedroom they sometimes would sleep in the same room. They stayed at the
house until September or October 2005, when they moved together into a home in
Camp Hill. Brunner owned and operated a Saturn, but on July 7, 2004, he let her use
his Chevrolet because she was transporting a child and the safety seat fit better in his
car than in hers.
-3-
06-3101 CIVIL TERM
Karen Brunner maintains that the household exclusion in the insurance policy is
ambiguous and must be construed against the insurer. Noting that the exclusion is for
an auto "owned or leased by a resident of your household," i.e., Brunner's household,
she argues in her brief that "the most straightforward reading of the disputed policy
language requires a finding that George Shoemaker was a resident of Karen Brunner's
household. However, George Shoemaker owned his own home and Karen Brunner
moved in with him.... George Shoemaker never resided in Karen Brunner's home nor
was he a resident of her household."
The policy exclusion is not ambiguous. In a case involving an automobile
insurance policy where the term "household" was not defined, the Superior Court of
Pennsylvania stated:
The term "household" is defined as "[a] family living together."
Black's Law Dictionary 666 (5th ed. 1979). See: Schurler v. Industrial
Commission, 886 Utah 284, 289-91, 43 P.2d 696, 699 (1935). "The term
`household' is generally synonymous with 'family' for insurance purposes,
and includes those who dwell together as a family under the same roof."
Black's Law Dictionary 666 (5th ed. 1979). See: Van Overbeke v. State
Farm Mutual Automobile Ins. Co., 303 Minn. 387, 391-93, 227 N.W.2d
807, 810 (1975). See also: Bartholet v. Berkness, 291 Minn. 123, 125-27,
189 N.W.2d 410, 412 (1971). The term does not apply to a relative,
however close, who lives elsewhere; nor does it apply to a resident of the
same residence who is not a member of the family, i.e., one who enjoys all
the prerogatives of family life. State Farm Mutual Automobile Ins. Co. v.
Snyder, 122 Ga.App. 584, 585-86, 178 S.E.2d 215, 216 (1970). See also:
6C Appleman, Insurance Law and Practice (Buckley ed.), § 4411.
Whether Shoemaker is a resident in Brunner's household does not turn on who
owns the house at One Colliery Road, Williamstown, or on the fact that Brunner and
Shoemaker are not married. By their own admission they are living as a family unit
enjoying all of the prerogatives of family life. Brunner's household consists of herself
and Shoemaker as his household consists of himself and Brunner. For a year and a
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half before the accident on July 7, 2004, Brunner had no other place of residence or any
other household than One Colliery Road, Williamstown. On that date she was operating
his Chevrolet that was owned by Shoemaker and was not an auto listed on the
declaration page of her Safe Auto policy. The exclusion applies.
Brunner further argues in her brief:
To find that the household exclusion applied to non-relatives living
separate existences under the same roof would be to unfairly limit the
portability of liability coverage, when such coverage has been obtained by
the claimant on her own vehicle.... It is clear that such an extension of
this exclusion works against the welfare of many Pennsylvanians by
necessity living in shared housing arrangements for financial reasons and
therefore violates public policy.
Brunner cites no authority for this proposition. We are not willing to vitiate the
exclusion by declaring that it violates public policy. There are not genuine issues of
material fact that need to be resolved and Safe Auto is entitled to summary judgment.
For the foregoing reasons, the following order is entered.
ORDER OF COURT
AND NOW, this 10 day of December, 2007:
(1) The motion of Safe Auto Insurance Company for summary judgment, IS
GRANTED.
(2) IT IS ADJUDGED that Safe Auto Insurance Company does not provide
liability coverage to Karen Brunner for any damages arising out of Brunner's accident on
July 7, 2004.
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Jeffrey C. Catanzarite, Esquire
For Plaintiff
Dusan Bratic, Esquire
For Defendant Karen Brunner
sal
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