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Home My WebLink About06-3714 , ... Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 NAPA TRANSPORTATION, INC., PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: OiD- '!,ll,-/ c.l>J,1 t'UI'\. TRAVELERS PROPERTY CASUALTY DEFENDANT PRAECIPE FOR WRIT OF SUMMONS CIVIL ACTION - LAW TO THE PROTHONOTARY: Please issue the attached writ of summons in the above captioned action and return to me for service it on the defendant. Date: June 28, 2006 OF LESLIE DAVID JACOBSON ~ eslie D. Jacobson ID # 52673 Attorney for Plainti 8 I 50 Derry Street Harrisburg, P A 171 717.909.5858 717.909.7788 [fax] ~~~ - 6' a\ I c' ::5 \A ~ ~ ~ V3 "<;l }- .....J ~ ~ -< '-\ p I> IS" VI " ;; \'""'" C) <:~:::: ~n C..~. C.:;'" ~J '" " ~-:;; "\ - "..' C'J ~ -::; - ' (::: L), -- ~", ~-~ Ci" :t, ..... Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 NAPA TRANSPORTATION, INC., PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 0 ~ - 37/1./ C-lvl( h,.... TRAVELERS PROPERTY CASUALTY DEFENDANT CIVIL ACTION - LAW WRIT OF SUMMONS TO: TRAVELERS PROPERTY CASUALTY ONE TOWER SQUARE HARTFORD, CONNECTICUT 06183 YOU ARE HEREBY NOTIFIED THAT THE NAPA TRANSPORTATION, INC. HAS COMMENCED AN ACTION AGAINST YOU. Date: ~ ~ <(', )tJ()fo -{~ By: Deputy .... THOMAS, THOMAS & HAFER, LLP James K. Thomas, II, Esquire Identification Number: 15613 Paul R. Walker, Esquire Identification Number: 88714 305 North Front Street P,Q. Box 999 Harrisburg, PA 17108-0999 717/441-7061 Attorneys for Defendant NAPA TRANSPORTATION, INC., Plaintiff IN THE COURT OF OMMON PLEAS OF CUMBERLA 0 COUNTY, PENNSYL ANIA NO. 06- 714 v. TRAVELERS PROPERTY CASUALTY, CIVIL T RM JURY TRIAL EMANDED Defendant PRAECIPE FOR ENTRY OF APPEARA TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant, Travelers Property Casualty Company of America, flkla T e Travelers Company of Illinois (erroneously designated Travelers Property Casualty) i the above matter. , TH MAS & HAFER, LLP DATE: <{-IO-6(, By: Ja s K. T mas, II, Esquire 1.0.#15613 Paul R. Wal er, Esquire 1.0.#88714 305 North Font Street P.O. Box 99 Harrisburg, A 17108-0999 (717)441-7 61 Attorneys ~ Defendant 441048-1 . . CERTIFICATE OF SERVICE I, Paul R. Walker, Esquire, hereby certify that I have erved a true and correct copy of the foregoing document on the following persons by lacing same in the United States mail, postage prepaid, on theltf4.day of ?, 2006: Leslie D. Jackson, Esquire LA W OFFICES OF LESLIE D. JACOB ON 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 THO",!! TH By: '. bill. Paul R. Walker, Esquire 441048-1 g ~. -o{;::: rrHT: Z~J:' Zf", Cf1 <", -'" ~e :Pc. ~,C) )>''2 =< t,;;:& ~ ~ G'> ~ ~ :: ~~~' -0 (~ :JC -'M r:? ~ x:- :;;0:: w r- .. -. THOMAS, THOMAS & HAFER, LLP James K. Thomas, II, Esquire Identification Number: 15613 Paul R. Walker, Esquire Identification Number: 88714 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7061 Attorneys for Defendant NAPA TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBER ND COUNTY, PENNSY VANIA NO. 06 3714 v. TRAVELERS PROPERTY CASUALTY, CIVIL ERM JURY TRIAL EMANDED Defendant PRAECIPE FOR RULE TO FILE A COM LAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in th above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P.1037(a). DATE: r-~O-()(P By: James K. Tomas, II, Esquire I.D.#15613 Paul R. Wal er, Esquire I.D.#88714 305 North Font Street P.O. Box 99 Harrisburg, A 17108-0999 (717) 441-7 61 Attomeys f r Defendant 433901-1 -T--... i, '"'t CERTIFICATE OF SERVICE I, Paul R. Walker, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by lacing same in the United States mail, postage prepaid, on the~ day of I , 2006: Leslie D. Jackson, Esquire LA W OFFICES OF LESLIE D. JACOB ON 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 THOMAS, ~ OMAS & HAFER, LLP By: I~~ 433901-1 2 g: -oi."V ni ("1' ~ ~i~, ~<-<: ~t 2:;C' """('.', "" -, .... c:: ~ - . ~ = .... ".. c:: (;') ~ ~~ ~~ 9(") am ~ -u ::1: ~ .t:" c..J THOMAS, THOMAS & HAFER, LLP James K. Thomas, 11, Esquire Identification Number: 15613 Paul R. Walker. Esquire Identification Number: 88714 305 North Front Street P,Q. Box 999 Harrisbur9. PA 17108-0999 717/441-7061 Attorneys for Defendant NAPA TRANSPORTATJON,INC., Plaintiff IN THE COURT OF OMMON PLEAS OF CUMBERLA D COUNTY, PENNSY ANIA v. TRAVELERS PROPERTY CASUALTY, JURY TRIAL EMANDED Defendant RULE TO FILE A COMPLAINT TO: Plaintiff You are hereby ruled to file a Complaint against De endant within twenty (20) days of service of this Rule or a judgment of non pros will e entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). DATE: IJ~ II, ~~ 433901-1 ~ ~ ~ ~ ~~ "'O.C(: ~ U) ~r\ G") ~t-; - ~ti d" l' - ~t- -0 :.P ~o '?(~i ~ (5f'T1 -'<.,) yo.) 'Pc =-I -;Y ., ~ ~ x:- (..> I Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 NAPA TRANSPORTATION, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO.: 2006-3714 TRAVELERS PROPERTY CASUALTY DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 ~ / "'l . Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 NAPA TRANSPORTATION, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO.: 2006-3714 TRAVELERS PROPERTY CASUALTY DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que se usted falla de tomar accion como se describe anteriorrnente, el case puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dicado en contra suya por 1a Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTGED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 . Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 NAPA TRANSPORTATION, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO.: 2006-3714 TRAVELERS PROPERTY CASUALTY DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES, the Plaintiff NAPA Transportation, Inc., by and through its attorneys the Law Offices of Leslie David Jacobson, and files the following Complaint and in support thereof states as follows: PARTIES 1. The Plaintiff is NAPA Transportation, Inc. ("NAPA"), a corporation duly organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 4800 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Travelers Property Casualty, with an address of One Tower Square, Hartford, Connecticut 06183. FACTS 3. On or about January 17, 2004, NAPA, a trucking company, accepted a trailer load of Hershey's Chocolate Kisses picked up from Hershey Foods, Inc. in the ordinary course of business, to be delivered to Hershey's customer CVS at 150 Industrial Highway, North Smithfield, RI. A copy true and correct copy of Hershey's invoice to CVS is attached as exhibit "A". . 4. Said load consisted of two thousand five hundred fifty (2,550) cases of chocolate kisses, packaged in ten (10) ounce packages. 5. The trailer load of chocolates was worth one hundred twelve thousand six hundred eight dollars ($112,608.00). See exhibit "A". 6. Napa was to deliver said trailer load to CVS Pharmacies for resale to the public. 7. On January 17, 2004, Thomas Houser, an owner operator who regularly contracted with Napa to deliver goods for them, without any authority or permission, entered Napa's storage premises located at 4800 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, and stole the aforementioned trailer load of chocolates, and sold them to a country market for approximately $30,000.00 cash. Said chocolates were not recovered. 8. On or about October 12, 2004, Thomas Houser pled guilty to the theft of said trailer and chocolates in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. CP-2I-CR-423-2004, and was sentenced by the Honorable Judge Hoffer. A copy of Judge Hoffer's sentencing order is attached hereto as exhibit "B" and incorporated by reference. 9. Thomas Houser was ordered to pay restitution in the amount of$112,608.00, of which $9,830.00 was recovered by the police from Thornas Houser, and remitted to NAPA. See exhibit "B". I O. Travelers Property Casualty ("Defendant") is the Insurer under a Commercial Insurance Policy ("Insurance Policy") (policy number QT -660-1 08D7990- TIL-03). A copy of the Insurance Policy is attached as exhibit "C" and incorporated herein as though fully set forth. 11. NAPA is the insured under the 1nsurance Policy. 12. As the insured under the Insurance Policy, NAPA is entitled to benefits under the Insurance Policy. 13. Thomas Houser was an independent contractor and not an employee of NAPA. . 14. On or about January 22, 2004, NAP A submitted the loss of the chocolates to Defendant for coverage under the Insurance Policy. 15. On or about April 28, 2004, Ron Williams, Technical Specialist for Defendant, denied NAPA's claim for benefits under the Insurance Policy. A true and correct copy of the April 28, 2004 denial letter written by Ron Williams is attached hereto as exhibit "D" and incorporated herein as though fully set forth. COUNT I - BREACH OF CONTRACT 16. Paragraphs I through 15 are incorporated by reference as though fully set forth. 17. Thomas Houser is an independent contract of NAPA and therefore not a employee of NAP A. 18. NAP A submitted its claim for benefits and otherwise performed all of its obligations to make a claim under the Insurance Policy. 19. On of about April 28, 2004, Defendant denied NAPA's claim for loss benefits under the Insurance Policy. 20. Defendant has breached its obligation under the Insurance Policy to provide NAP A compensation for the loss of the truck load of chocolates. 21. NAPA has satisfied all of his contractual obligations, satisfying all conditions precedent for bringing a breach of contract action. 22. NAPA is entitled to loss benefits under the Insurance Policy of $102,778.00. 23. As a direct proximate result of Defendant's breach, Defendant is liable for all Insurance Policy benefits to date totaling $102,778.00. 24. The amount NAP A claims reflects a credit of$9,830.00 received by NAP A from the Cumberland County Police. . . WHEREFORE, Plaintiff NAP A Transportation, Inc., prays this Honorable Court grant judgment in its favor and against Defendant in the amount of$102,778.00, along with costs and interest, and for any other relief deemed just and appropriate. Respectfully Submitted, THE LAW OFFIC S OF LESLIE D VID JACOBSON Dated: August 31, 2006 slie D. Jacobson # 52673 8150 Derry Street Harrisburg, P A 17111 717.909.5858 FAX: 717.909.7788 Attorney for Plaintiff . . Exhibit A '. ORIGINAL INVOICE PAG~: 1 llLL TO: 4002914 CVS VENDOR #S8ao PO BOX 3120 WOONSOCKET RJ 02895 ' Claims for lossldamagO$/shorlaQes must be prompUy filed ond , ro/Worded to: HERSHIOY FOODS CORPORATION ATTN: CREDIT D~PARTMENT HERSHeY, PA 17033 Refer to Ill;S n<lmbor on all Correspondence . INVOICE # 92395836 I INVOICE 01/16/2004 DATE ~MItlONYYY H Hershey Foods Corporation 100 Crystal A Drive Hershey, PA 17033 1023667 SHip TO: CVS 150 INDUSTRIAL HIGHWAY NORTH SMITHFIELD RI 02896 PLEASE SEND CHECKS TO: Hershey Foods USA p,o, Box 640146 PlIlBbulllh, PA 15264-0146 - 1 il\ilI~U far your order Ro p. Tr WHSE PR/<:E Carrlllr Ord.r Dato PQ Numb_.. ShlpDala Roq Del bite BOL No Qu omn PIDaso ealJ i. 1.aDo-233-2'~ 840101' 1918 4 NPA1 10130/2003 145221 B I 01/1612004 0110612OO4 2488700 U CI-IBtOnaDI' UP<:: , QlJJ.Nl11'I I_Ejoooripllao Promo P!'Orno ExlondOd 0 SlocJc llom eo... U.,ltPricl A'law.nClt Net Unll Price NDtArl'lollnt Ordered !hl)lllt. M Numb... COdt , . M""rocnnr ID: 3<1000 2550 2550 CA 177837 ,13902 EKI..,00>:24 0 48.3200 2.1600 44,1600 112608.00 , 1 1 i , TOTAL , Sl>lpQty GIOA Wt Not WI Pallsb Ordet No 1 'OIV a.... Promo axtend.cl Net TOQI ! 2550 41116.75 3 2!lO.QQ 34. 0 1114794 , 00 118118.00 6 MIlOO 112608,00 **... *'.............. oil- .~* ****.<tt. *. *... "PRO OTI" N~**~....*.*.*.*.*-****...*+ ~Odt O_pll.. No Amount od. ! DMQ'lptlon No Amount . 2004 CPA Aocruol evs BLUE CH "~ 2.1B TeRMS NET INVOICE. i , 2%/40 n01 41 112.608,00 ! EXHIBIT .1 if poid by: pay the last amount 11 I , the dlSCOL.1nt It! not I 3 02126/2004 Slimed. MMJpD('(Y'(Y , Discount of: . , L_ 2.362,32 Exhibit B . v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-2l-CR-423-2004 CHARGE: THEFT BY UNLAWFUL TAKING OR DISPOSITION : 'AFFIANT: PTL. GLENN ADAMS COMMONWEALTH THOMAS W. HOUSER OTN: L184607-3 IN RE: SENTENCE ORDER OF COURT AND NOW, September 28, 2004, Thomas W. Houser, having appeared in open court together with, the Public Defender, Linda Hollinger, Esquire, and the Court having received a presentence investigation report, sentence of the court is that the defendant pay the costs of prosecution, that he make restitution to the victim at a hearing to be held by the court, the time and place of which to be agreed upon by counsel and the. victim, and the court thereafter being notified, and that he be placed in the Intermediate Punishment Program for a period of seven years conditioned upon program compliance. The first nine months to be served in restrictive intermediate punishment to include conf,inement in the Cumberland County Prison, and the court will allow the defendant to be placed on the Work Release Program. TRUE COpy FROM RECORD A nereof \ Mre unto set my nand In Testimony WI f aid ourtat Carlisle. PA. L. andtne ea 0 5 '/ ' II~ ' ,2.0.u.:::: By the Court, Daniel J. Sodus, Esquire Senior Assistant District Attorney Linda Hollinger, Esquire Assistant Public Defender \hl 'A,;,'~::.;"'~;; C~'\"-"T'-~-':..~nJ ( ,", .," " 110 :11 V 11- DO IIUOl probation Office CCP JJ, """ """'n ~ a:o} \j '. I!t:,'" Sheri ~ I ~ =d Victim Services '0 ~~ t>;, '. . " ',~ .tlm1?~ dlll.ill~~J jJi); J:.:,,~:= .," :mtf ,\\ ( COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-423-2004 v. CHARGES: (1) Theft by Unlawful Taking THOMAS HOUSER OTN: L184607-3 Del. Glenn Adams S ~ => ,= ...:::::- AFFIANT: ORDER C"~1 r"', <,-; I,_V c> RE: Restitution -0 . 2004, pursulUj.t to a Y.J AND NOW, this ']0 "day of ' ])~ stipulation by the Co=onwealth ofP6nnsylvania, by and through Daniel i. Sodus<;'Esq., Assistant District Attorney, and the Defendant, Thomas Houser, by and through counsel, Linda S. Hollinger, Esq., it is so ORDERED that restitution be set in the above-captioned matter at $112,608.00, Pursuant to further stipulation by the parties, the Hampden Township Police Department is hereby ORDERED AND DIRECTED to turn over to NAP A Transportation the sum of$9,830.00, said sum having been confiscated from the Defendant, Thomas Houser. Pursuant to further stipulation by the parties, the Clerk of Courts is ORDERED AND DIRECTED to credit the Defendant, Thomas Houser, for the $9,830.00, against the amount of restitution due and owing in the above-captioned matter. A TRUE COPY FROM RECORD In Testimony wl1ereol, I here unto set my hand and lhe/lral of said Court at Carlisle, PA. Thl day of ' . 20~ BY THE COURT: ~~~~:L ~ (" ,- 'a.;n ~ n ~~ r- C'T"';) II ~ U {:"''e:.-::! I'......~'J ,,",\ . STIPULATION The Co onwealth ofP 1vania and the Defendant hereby stipulate to the entry of a ove- rder in the ab -captioned matter. ' - ?/L dc/a. 2 Ji.(~~ Daroel J. Sodus, sq. Lmda S. Hollinger, Esq. For the Co=onwealth For the Defendant Distribution: District Attemey's Office Public Defender's Office Clerk of Courts Hampden Township Police Department, 230 S. Sporting Hill Rd., Mechanicsburg, PA 17050 C"'> c: ......, =. = ..,.. "'n , " , \-;::1 r- . ;-;1 ....- C"> "..... '_'J U <;,.., .. ,~ ci~n ,-' 1] , , a '..}. y,J .. . .r= JAN - 4 2004 Copies deliveIf:d on . Exhibit C ',,-- .""""" ~ . = c::== - - - = = - ...... ~ iiiiiiiiii ~ i5!!!!!! c::== = - -= c ...... ."""'" , .;~,. 000173 """"" == - - - = - === - - === - - - ~ """"" - = ~ iiiii!i = - = ...... - - E - = - = 000101 J CHANGE EFFECTIVE DATE: 04-01-03 CHANGE ENDORSEMENT NUMBER: 0001 ~ Trave1ersPrOJ?~!.~~~~~t,Y. J One Tower Square. Hartford, Connecticut 06183 ! CHANGE ENDORSEMENT Named Insured: NAPA TRANSPORTATION, INC. POlicy Pol!icy Number: EffE!ctlve Date: 'Issue Date: Premium $ QT-SSO-l0807990-TIL-03 04/01/03 04/11/03 o Effective from 04/01/Q3 at the time of day the polley becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: MOTOR TRUCK CARGO COVERAGE: THE FOLLOWING IS HEREBY ADDED: SPOILAGE FREEZING CMT 879 NAME AND ADDRESS OF AGENT OR BROKER: KCI INSURANCE AGENCY INC (RVI21) PO BOX 2434 CHERRY HILL, NJ 08053 IL TO 07 09 87 PAGE 1 OF 1 OFFICE: . - ''''''''''' = ...... ,- = - , , ,= = ...... , === ,= iiiliiii! = ,= = = ,- , ~ = ......... ~ .""""" 000102 POLICY NUMBER: EFFECTIVE DATE: ISSUE DATE: CHANGE EFFECTIVE DATE: 04-01-03 CHANGE ENDORSEMENT NUMBER: 0001 TravelersPr~~~t.tT . QT-660-108D7990-TIL-03 04-01-03 04-11-03 LISTING OF FORMS. ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 07 09 87 CHANGE ENDORSEMENT IL T8 01 10 93 FORMS. ENDORSEMENTS AND SCHEDULE NUMBERS INLAND MARINE CM T8 79 08 93 COVERAGE EXTENSIDN-SPOILAGE OR FREEZING IL T8 01 10 93 PAGE: 1 OF 1 - COMMERCIAL INLAND MARINE '- ~ ,- ~ - -- ~ II - 1& = iiii = II ==- TrawJ.erS~CasUlI ...~..'Jhnll!t.r.f( ._~ . """"" .""""'" , !ii!!E5 , ~ """"" , El5!!!!! ,== , !ii!!E5 , = ~ , - !ii!!E5 ........ ...... - """""'" !ii!!E5 '- -""""'" ,== , = """"'" .""""'" Co,,'\. POLICY NUMBER: QT-660-1 08D7990-TIL-03 COMMERCIAL iNLAND MARINE ISSUE DATE: 04-11 -03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE EXTENSION - SPOILAGE OR FREEZING This endorsement modifies Insurance provided under the following: TRUCKERS CARGO LIABiLITY - SPECIAL FORM TRANSPORTATION COVERAGE- FORM A. We will pay for "loss" to Covered Property caused by spoilage or freezing when the spoilage or freezing Is caused directly by the breakdown or failure of the heating or refrigeration unit of any land vehicle you own, lease or operate. The most we will pay for "loss" covered by this Endorsement Is $ 300.000 In anyone oc- currence, This amount is included within the Limits of in- surance shown In the Declarations, B. We will not pay for spoilage or freezing caused by or resulting from: 1. Failure to maIntain an adequate fuel supply; 2. Failure to maintain oil or refrigerant at an adequate level. as specified by the manufac- turer; 3. Negligence by you. your employees or sub- haulers; or CM T8 79 08 93 000'104 4. Failure to perform the proper "maintenance" of any heating or refrigeration unit In accord- ance with the manufacturers specifications schedule, C. "Maintenance" means: 1. I nspectlon of the equipment by you or your qualified representatlve(s) at least every thirty days; 2. Repair or replace equipment, parts, fuels and refrigerants as necessary; and 3. Maintain a record of inspections, repairs and maintenance activities and make them avail- able to us for Inspection during regular busi- ness hours. D. Deductible: $ 5,000 The Deductible amount above applies to any "loss" covered by this Endorsement. Page 1 of 1 . .' === a;;;; - i5iii """"" = """"" ~ - - - - ii = 5!!!5 - - = ;,;;;; = === III ~ ~ i5iii 000174 One Tower Squere. Hartford, Connecticut 06183 TravelersPropertyCasual~J - AWIIlhr" 7hlwtl".sGroup COMMERCIAL INLAND MARINE COMMON POLICY DECLARATIONS ISSUE DATE: 04/03/03 POLICY NUMBER: QT-660-10807990-TIL-03 1. NAMED INSURED AND MAILING ADDRESS: NAPA TRANSPORTATION, INC. 4800 TRINDLE ROAD P.O. BOX 959 MECHANICSBURG, PA 17055 2. POLICY PERIOD: From 04/01/03 to 07/01/04 12:01 A.M. Standard Time at your mailing address. 3. LOCATIONS Premlses Bldg. Loc. No. No. Occupancy Address SEE IL TO 03 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES: COMMERCIAL INLAND MARINE COV PART DECLARATIONS CM TO 01 07 86 TIL 5. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY: SEE IL T8 01 10 93 6. SUPPLEMENTAL POLICIES: Each of the following Is a separate polley contalnlng Its complete provisions: Polley No. Insuring Company Polley 7. PREMIUM SUMMARY: Provisional Premlum Due at Inceptlon Due at Each $ 61,201 $ 61,201 $ NAME AND ADDRESS OF AGENT OR BROKER: KCI INSURANCE AGENCY INC (RV121) PO BOX 2434 CHERRY HILL, NJ 08053 COUNTERSIGNED BY: Authorized Representative DATE: OFFICE: MORRIS PLN/S JERS IL TO 02 11 89 PAGE 1 OF 1 . " '- - ~ - === == ~ ~ - ~ """'" """'" - 5!!!5 iii!iIi """"" - """"" - ;,;;;; """'" oa017e . Travelers~~~~1 ". y."- POLICY NUMBER: EFFECTIVE DATE: ISSUE DATE: QT-660-108D7990-TIL-03 04-01-03 04-03-03 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 89 IL T8 01 10 93 IL TO 01 12 94 IL TO 03 04 96 INLAND MARINE CM T9 99 04 90 CM TO 11 01 88 CM 00 01 06 95 CM Tl 17 12 92 CM BM C3 12 98 F-6717 CM T3 13 02 89 CM T3 73 02 97 CM T3 98 11 02 INTERLINE ENDORSEMENTS IL 01 66 01 99 IL 01 72 11 93 IL 02 46 04 98 IL 09 10 07 02 IL 09 52 11 02 IL T8 01 10 93 COMMON POLICY DECLARATIONS FORMS, ENDDRSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS LOCATION SCHEDULE TRUCKERS CARGO LIAB - BROAD/SPECIAL DEC TABLE OF CONTENTS COMMERCIAL INLAND MARINE CONDITIDNS TRUCKERS CARGO LIABILITY-SPECIAL FORM MOTOR COMMON CARRIER POLICIES END UNIFORM MOTOR CARRIER CARGO INS ENDT REPORTING FORM "LOADING AND UNLOADING " COVERAGE TERRORISM RISK INS ACT 2002 DISCLOSURE PENNSYLVANIA CHANGES-ACTUAL CASH VALUE PENNSYLVANIA CHANGES PA CHANGES-CANCELLATION & NONRENEWAL PENNSYLVANIA NOTICE CAP LOSSES-CERTIFIED ACTS OF TERRORISM PAGE: 1 OF 1 . ,_. - - - """'" .iiiiiiiii === === & - """'" & - ~ ~ = .iiiiiiiii === = """'" , """'" '"","", COMMON POLICY CONDITIONS All Coverage Parts Included In this policy are subject to the following conditions: A. CANCELLATION 1. The first Na.med Insured shown In the Decla- rations may cancel this pOlicy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of can- cellation If we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation If we cancel for any other reason. 3. We will mall or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy Is can- celled, that date will become the end of the policy period. If a Coverage Part Is can- celled, that date will become the end of the policy period as respects that Coverage Part only. 5. "this policy or any Coverage Part Is can- celled, we will send the first Named Insured any premium refund due. " we cancel, the refund will be pro rata. " the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even If we have not made or offered a refund. 6. "notice Is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the Insurance afforded. The first Named Insured shown In the Declar- ations Is authorized to make changes In the terms ofthls policy with our consent. This pol- Icy's terms can be amended or waived only by endorsement Issued by us as part of this policy. C. EXAMINATION OF YOUR BOOKS AND RE- CORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make Inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any Inspections, surveys, reports or recom- mendations relate only to Insurability and the premiums to be charged. We do not make safety Inspections. We do not undertake to perform the duty of any person or organiza- tion to provide for the health or safety of workers or the public. And we do not werrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. ' This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes Insurance Inspections, surveys, reports or recommen- dations. E. PREMIUMS 1. The first Named Insured shown In the Decla- rations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return pre- miums we pay. 2. We compute all premiums for this policy In accordance with our rules, rates, ratlng plans, premiums and minimum premiums. The premium shown In the Declarations was computed based on rates and rules In effect at the time the policy was Issued. On each renewal continuation or anniversary of the effective date of this policy, we will compute the premium In accordance with our rates and rules then In effect. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except In the case of death of an Individual named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting wtthln the scope of duties as your legal representative. Until your legal represen- tative Is appointed. anyone having proper temporary custody of your property will have rights and duties but only with respect to that property. IL TOOl1294 (Rev. 2-95) Includes copyrighted material of Insurance Services Office, with tts permission. Copyright, I nsurance Services Office, 1989 Page 1 of 2 000178 This polley consists of the Common Polley Declara- tlons. and the Coverage Parts and endorsements listed In that declarations form. In return for payment of the premium, The Travelers agrees with the Named Insured to provide the In- surance afforded by a Coverage Part forming part of this policy. That Insurance will be provided by the company Indicated as Insuring company In the COJTl- . mon Policy Declarations by the abbreviation of Its name opposite that Coverage Part. The companies listed below (each a stock company) ( have executed this policy, but it Is valid only If ~c, countersigned on the Common Policy Declarations by our authorized representative. The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) The Travelers Indemnity Company of illinois (TIL) * The Travelers Indemnity Company of Connecticut (TOT) The Travelers Indemnity Company of America (TIA) *Formerly known as the Travelers Indemnity Company of Rhode Island (TRI) ~\.~ Secretary ~d'~ The Travelers Insurance Company (INS) ( ~\.~ Secretary ~jJ.~ President ( Page 2 of 2 IL T0011294 (Rlv. 2.gS) . ....i: ..' LOCATION SCHEDULE "ouey NUMBER: QT-660-1 08D7990-TIL -03 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period '~j4-01-03 to 07-01-04. Lac. Bldg. No. No. 1 --- """" iiiiiii """" - = - - = ~ = - == == = ~ = - == - - == = = ;;; == IL TO 03 04 96 000171 Address 6370 BASE SHORE ROAD MECHANICSBURG, PA 17055 Occupancy MOTOR TRUCK CARGO Page 1 (END) COMMERC\AL \NLANO MAR\NE ..... -- -- - ~ - - i -- I -- -- ;lI jf I ; ~ ~s~Casual .~..~JpS01 - """"" - = - === - - = = - = = - = = = - === iiiiiiiii = = - = = - - = = ~ ;;;; 00017& ,.~ - One Tower Square, Hartford, Connecticut 06183 TravelersPrope.lYCasual~J ","-"'" ThzwIu.tGrmlp COMMERCIAL INLAND MARINE COVERAGE PART DECLARATIONS POLICY NO.: QT-660-1 OBD7990-TIL -03 ISSUE DATE: 04-03-03 DECLARATIONS PERIOD: From 04-01-03 to 07-01-04 12:01 A.M. Standard Time at your mailing address shown In the Common Policy Declarations. The Commercial Inland Marine Coverage Part consists of these Declarations, the Commercial Inland Marine Conditions Form and the Coverage Forms shown below. 1. COVERAGE, LIMITS OF INSURANCE AND DEDUCTIBLE: TRUCKERS CARGO LIABILITY COVERAGE Broad x Special Limit of Insurance Property In or On Any One Truck, Trailer, Semi-Trailer or Combination Of These Pulled By One Power Unit $ 300,000 Property Unloaded At Your Terminal Premises Loc. No. 1 Building No. $ 600,000 1 All Covered Property In Any One Occurrence $ 600,000 Deductible: t 2.500 Reports and Premium: a. Deposit Premium $ 49,000 $ 49,000 b. Minimum Premium c. Reporting Period ANNUAL d. Premium Adjustment Period ANNUAL e. Premium Base GROSS RECEIPTS f. Rates (per $100) g. Estimated Annual Premium $ .35 $ $49,000 NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. CM TO 010786 Order ># eM T9 99 04 90 Page 1 of 1 PRODUCER: KCI INSURANCE AGENCY INC RV121 OFFICE: MORRIS PLN/S JERS 120 ~, = == -=0; - = - = """'" - == 5 === """'" """'" """'" - = === ~ ~ ~ - ~ - === - - ~ ~ & """'" 000180 TABLE OF CONTENTS COMMERCIAL INLAND MARINE COVERAGE PART The following Indicates the contents of the principal Forms which may be attached to your policy. It contains no reference to the Declarations or Endorsements which also may be at- tached. COMMERCIAL INLAND MARINE CONDITIONS Beginning on Page Loss Conditions A. Abandonment 1 ~: ~~~~ISI~"the:::~~~~~:::;:::~:~:::.::::::::~:::::::::::::::::.::::::::::::::::::::::::::::::.::::::::.:::::::::.:::::::::::.:::::::::::.:::::.::::::::.:::::::::: ~ D. Insurance Under Two or More overages......................................................................................... 1 E. Loss Payment........................................................................................................................................................... 1 F. Other Insurance 1 G. Pair, Sets or Paif.s~~.::.:.::::::::.~.::::.:..~:.:::::::::.:.:::::::::.:.::.~.:.:::::.:.::::::::::::::::::::::::::::::::::::.~:::.:'::::.:.:::::::::.:.:::::::::::::::::::::. 2 H. Privilege to Adjust W~h wner................................................................................................................... 1 I. Recoveries 2 J. Relnstatemti.iiCiifIii'ii.ff...i\fter..'[oss.............................................................................................................. 2 .................O..h.................................................................................... K. Transfer of Rights of Recovery Against t ers to Ul!............................................................. 2 General Cond~lons A. Concealment, Misrepresentation or Fraut\.......................................................................................... ~: ~~g~e~~~70A~::~~ Ul!.................................................................................................................................... ~: C~: ~Xtl:~~~~~.:.:.:.:.:.::..:.:.:~::.::::.:::.:.:::::.::::.:.::.::::::.:.:::.:.:::::.:.~.:::::.:::::.:::::.::.::.::::.:.::.::.:.::.:.::.:::.::.:.::::.:.:::.:.::.:::::::.::.::::.:.:::::::::.:.::::.:::.::.:::.:.::.:::::.::.::.:: INLAND MARINE COVERAGE FORM(S) A. Coverage 1. Covered Property.....................................................:...................................................................................... 2. Property Not Covered.........,....................................................................................................................... 3. Covered Causes of Loss.......................................................................................................................... 4. Additional Coverage--Collapse (If Applicable), ....................................................................... Coverage Extensions (If AnyL............................................................................................................. B. exclusions ..................................................................................................................................................................... C. Llm~s of I nsurance................................................................................................................................................ D. Ded I;Ictlble ..................................................................................................................................................................... E. Add~lonal Conditions........................................................................................................................................... F. Definitions ..................................................................................................................................................................... 2 2 2 2 2 Page No. Varies By Form CM TO 11 01 88 Page 1 of 1 'policy NUMBER: QT -660-1 08D7990- TI L -03 ISSUE DATE: 04-03-03 THIS ENDORSEMENT CHANGES THE POLlCY,PLEASEREAD IT CAREFULLY. FORM I UNIFORM MOTOR CARRIER CARGO INSURANCE ENDOFlSEMENT It Is agreed that: 1. The certification of the policy as proof of responsibility under the provisions of any State motor carrier law or regulations promulgated by any State Commission having Jurisdiction with respect thereto, amends the policy to provide Insurance, for motor carrier cargo liability In accordance with the provision of such law or regulations to the extent of the coverage and limits of liability required thereby; provided only that the Insured agrees to reimburse the company for any payment made by the company which It would not have been obligated to make under the terms of this policy except by reason of the obligation assumed In making such certification. ~--- """" = ""'" ;;;;;;;; """" iiiiii = - = - - - ~ - ~ ""'" == ~ """" - """" B - = = of - """" - ~ - Attached to and forming part of policy No. Issued by TRAVELERS INDEMNITY co. of One Tower Square, Hartford, Connecticut to NAPA TRANSPORTATION, INC. 2. The Uniform Motor Carrier Cargo Certificate of Insurance has been flied with the State Commissions Indicated on the reverse side hereof. 3. This endorsement may not be canceled without cancellation of the policy to which It Is attached. Such cancellation may be effected by the company or the Insured giving thirty (30) days' notice In writing to the State Commission with which such certificate has been flied, such thirty (30) days notice to commence to run from the date the notice Is actually received In the office of such Commission. 660 108D7990 OF ILLINOIS herein called Company, 6370 BASE SHORE ROAD MECHANICSBURG, PA 17055 Dated at Countersigned by Authorized Company Representative F-6717 00018!5 this day of Page 1 of 2 INDICATES STATE COMMISSIONS WITH WHOM UNIFORM MOTOR CARRIER ( CARGO CERTIFICATE OF INSURANCE HAS BEEN FILED. ALA. ALASKA ARIZ. ARK. CAL. COL. CONN. DEL. D.C. FLA. GA. HAWAII IDAHO ILL. IND. IOWA KAN. KY. LA. ME. MD. MASS MICH. MINN. MISS. MO. MONT. NEB. NEV. N.H. N.J. N.M. N.Y. N.C. N.D. OHIO OKLA. ORE. ~ PA. R.1. S.C. Page 2 of 2 S.D. TENN. TEX. UTAH VT. VA. WASH. W.VA. WISC. WYO. -\ ,< F-6717 ,'\ . COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THEPOLlCV; PLEASE READITCAREFULlV. REPORTIN.GFORM This endorsement modijles Insurance provided under the following: TRANSPORTATION COVERAGE-BROAD FORM TRANSPORTATION COVERAGE-SPECIAL FORM TRANSPORTATION COVERAGE-DELUXE FORM' TRUCKERS CARGO LIABILITY COVERAGE BROAD FORM TRUCKERS CARGO LIABILITY COVERAGE.SPECIAL FORM A. REPORTS AND PREMIUM 1. Reports. Within 30 days after the end of each Reporting Period shown In the Declara- tions, you will report to us the amount of the Premium Base shown In the Declarations. 2. Rates and Premium a. Premium Computation. We will com- pute the premium: (1) Using the rates and Premium Base shown In the Declarations; and (2) As of each Premium Adjustment Pe- riod shown In the Declarations. b. Premium Adjustment (1) When the Annual Premium AdJust- ment Period Is shown In the Declara- tions, we will compare the total com- puted premium to the Deposit Pre- mium. If ~ Is more than the Depos~ Premium, you will pay us the differ- ence. If It Is less than the Deposit Premium, we will pay you the dlf-. ference. (2) When any other Premium Adjust- ment Period Is shown In the Declara- tions, we will apply the computed premium to the Depos~ Premium until It Is used up. You will pay us all premiums that exceed the Depos~ Premium. c. Minimum Premium. You must pay at least the Minimum Premium shown In the Declarations for this Coverage Form. This Minimum Premium will only apply: === - =- = =- - ~ - 5i!5 ~ - i5iii """'" E!Iii - i5iii === CM T3 130289 (1) When the computed premium for each annual policy period Is less than this Minimum Premium; or (2) If you cancel this Coverage Form after ~ has taken effect. d. If the Coverage Form Is canceled, you will report the amount of the Premium Base up to the date of cancellation. B. CANCELLATION The fOllowing Is. added to the Cancellation Com. mon polley Condition: In the event of cancellation, the Coverage -Form applies to all shipments or transportation of Cov- ered Property made up to the date of cancellation. C. DEFINITIONS 1. "Values Shipped" means the total value of all Covered Property shipped during the Report- Ing Period. These values are those specified In the Additional Condition, Valuation of the Coverage Form. 2. "Gross Sales" means the gross amount you charge for all goods or products you sell or distribute In your business. 3. "Gross Receipts" means the total arrount of receipts to which you are entitled for the packing, loading, unloading, storage In tran- sit and transporting of Covered Property during the policy period regardless of whether you or any other carrier originates the transportation. No deduction will be made for any payment you make to others for either the lease of equipment to you or the transportation of property under your operating authority. Page 1 of 1 ~ "", POLICY NUMBER: QT-660-1 08D7990-TIL-03 COMMERCIAL INLAND MARINE ISSUE DATE: 04-03-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~. "LOADING ANDUNLQADINGII COVERAGE This endorsement modifies Insurance provided under the following: MOTOR TRUCK CARGO 1. The following Is added to the COVERAGE EX- TENSIONS section: We will pay for "loss" to your Covered Property while you or your employees are loading or un- loading such property at Owned premises befOre and after transit covered by this policy. Any payment under this extension will not be In addition to the applicable Limits of Insurance shown elsewhere In this policy. 2. The following Is added to the DEFINITIONS sec- tion: "Loading and unloading" means hoisting, lifting or moving property onto or off of your vehicle. to or from the ground or loading docks adjacent to such vehicle. '-- eM T3 73 02 97 Page 1 of 1 . c, COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLlCV. PLEASE READ IT CAREFULLY. TERRORISM RISK INSURANCE ACT OF 2002 DISCLOSURE This endorsement applies to the insurance provided under the follewing: COMMERCIAL INLAND MARINE COVERAGE PART --- = == """" !!!!!!!! ;;;;;;;;;; - - = - -- - === """" == - - ~ = 5iE = ... - 5iE === - = ~ iii!iIi - On November 26, 2002, the President of the Unned States signed Into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short- term program under which the Federal Govemment will share in the payment of "Insured Losses" caused by certain "Acts of Terrorism" (each as defined In the Act). In the event of an Insured Loss, Travelers is respon- sible for a deductible of one percent (1 %) of Travel- ers "Direct Earned Premiums" (as used In the Act) for the calendar year 2001 for Insured Losses occur- ring from NOvember 26, 2002 through December 31, 2002; seven percent (7%) of Travelers Direct Earned Premiums for the calendar year 2002 for Insured Losses occurring during calendar year 2003; ten percent (10%) of Travelers Direct Earned Premiums for the calendar year 2003 for Insured Losses occur- ring during calendar year 2004; or fifteen percent (15%) of Travelers Direct Earned Premiums for the calendar year 2004 for Insured Losses occurring during calendar year 2005. The Federal Govem- ment's share of compensation for Insured Losses In each year Is 90% of the amount of Insured Losses in excess of Travelers deductible for that year. Travel- ers is responsible for the payment of the remaining 10% of Insured Losses. In no event, however, will CMT3981102 000187 the Federal Govemment or any "Insurer" (as defined in the Act) be required to. pay any portion of the amount of aggregate Insured Losses occurring in anyone year that exceeds $100,000,000,000, pro- vided that such Insurer has met its deductible. As a requirement of the Act, Insurers must make available "Property and' Casualty Insurance" (as de- fined In the Act) coverage for Insured Losses that does not differ matelially from the terms, amounts and other coverage limitations that apply to losses arising from events other than Acts of Terrorism. In other words, a loss will not be excluded just because it was caused by an Act of Terrorism; conversely, a loss will not be covered just because It was caused by an Act of Terrorism. The Act also requires Insur- ers to disclose to policyholders the premium charge for providing such terralism coverage. Please note that this Coverage Part does not con- tain an exclusion that specifically excludes coverage for Insured Losses. The charge for this exposure Is included in the Coverage Part premium indicated in your policy. The charge that has been included for this Coverage Part Is: . 1 % of your total Commercial Inland Marine Cov- erage Part premium. Page 1 of 1 . << INTERLINE ENDORSEMENTS ,>=-. ~ ........ - = ~ Ii == = iii!iIi ....- = liliiiii II ."""'" Trave1ers~~~~T 000188 . ......- ' = """" = sa: - - = """" - = """" !!EE! - - - - = '-l :;. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARI:FULL Y. .~. PENNSYLVANIA CHANGES - ACTUAL CASH VALUE This endorsement modifies Insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY The following is added to any provision which uses the term actual cash value: Actual cash value is calculated as the amount it would cost to repair.or replace Covered Property, at the time of loss or damage, with materiaL of . like. kind and quality, subject tQ a deduction for deterioration, depreciation and obsolescence. Actual cash value applies to valuation of Covered Property regardless of whether that property has sustained partial or total loss or damage. The actual cash value of the lost or damaged property may be significantly less than its replacement cost. IL 01 66 01 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 000189 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J PENNSYLVANIA CHANGES This endorsement modifies insurance provided under the fOllowing: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART A. For insurance provided under the: Boiler and Machinery Coverage Part Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part The TRANSFER OF YOUR RIGHTS AND DU- TIES UNDER THIS POLICY Common Policy Condition Is replaced by the following: F. TRANSFER OF YOUR RIGHTS AND DU- TIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an Individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal rep- resentative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with re- spect to that property. If you die, this Coverage Part will remain in effect as provided in 1. or 2. below, whichever is later: 1. For 180 days after your death regardless of the policy period shown in the Declara- tions, unless the insured property is sold prior to that date; or 2. Until the end of the policy period shown in the Declarations, unless the insured property is sold prior to that date. Coverage during the period of time after your death Is subject to all provisions of this policy inclUding payment of any premium due for the policy period shown In the Declarations and any extension of that period. B. For insurance provided under the: Commercial Inland Marine Coverage Part Commercial Property Coverage Part Fann Coverage Part The following is added to the LOSS PAYMENT Loss Condition and supersedes any provision to the contrary: NOTICE OF ACCEPTANCE OR. DENIAL OF CLAIM 1. Except as provided in 3. below, we will give you notice, within 15 WOrking days after we receive a properiy executed prootof loss, that we: a. Accept your claim; b. Deny your claim; or c. Need more time to detennine whether your claim should be accepted or denied. If we deny your claim, such notice will be In ( writing, and will state any policy provision,'" condition or exclusion used as a basis for the denial. If we need more time to detennine whether your claim should be accepted or denied, the written notice will state the reason why more time is required. 2. If we have not completed our investigation, we will notify you again in writing, within 30 days after the date of the Initial notice as pro- vided in i.e. above, and thereafter every 45 days. The written notice will state why more time Is needed to investigate your claim and when you may expect us to reach a decision on your claim 3. The notice procedures In 1. and 2. above do not apply if we have a reasonable basis, sup- ported by specific infonnatlon, to suspect that an Insured has fraudulently caused or con- tributed to the loss by arson or other Illegal activity. Under such circumstances, we will notify you of the disposition of your claim within a period oftime reasonable to allow full Investigation of the claim, after we receive a properly executed proof of loss. 1. IL 01 72 11 93 Copyright, Insurance Services Office, Inc., 1993 Copyright, ISO Commercial Risk Services, Inc., 1993 Page 1 of 1 . .-' .! .... ~--- = - - ""'" ;;;;;;;;; == g == - ..... - 5Ei!5 ..... "'"'" = 5 THIS ENDORSEMENT CHANGES THE POLICY..PLEAsEREAD IT CAREFULLY. PENNSYLVANIA CHANGES - CANCELLATION AND NONR'ENEWAL This endor$ement modifies insurance provided under the following: BOILER AND MACHINERYCOVERAGE PART BUSINESSOVVNERS POLICY CqMMERCIAL AlJTOMOBILE COVERAGE PART COMMERCiAL CRIME COVERAGE PART' COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERA TIONSL1ABILlTYCOVERAGE PART . This endClrs~ment does not apply to cqveragEl provided for employee dishonesty (Coverage Form A), or public employee. dishonesty (Coverage Forms 0 and P). A. The Cancellation Common Policy Condition is re- placed by the following: CANCELLATION 1. The first Named Insured shown In the Decla- rations may cancel this policy by writing or giving notice of cancellation. 2. Cancellation Of Policies In Effect For Less Than 60 Days We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least 30 days before the ef. fective date of cancellation. 3. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued, we may cancel this policy only for one or more of the following reasons: a. You have made a material misrepresenta- tion which affects the insurability of the risk. Notice of cancellation will be mailed or delivered at least 15 days before the effective date of cancellation. b. You have failed to pay a premium when due, whether the premium is payable di- rectly to us or our agents or indirectly un- der a premium finance plan or extension of credit, Notice of cancellation will be mailed at least 15 days before the effec- tive date of cancellation. c. A condition, factor or loss experience ma- terial to insurability has changed substan- tially or a substantial condition, factor or loss experience material to Insurability has become known during the policy pe- riod. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. d. Loss of reinsurance or a substantial de- crease in reinsurance has occurred, which loss or decrease, at the time of cancellation, shall be certified to the Insur- ance Commissioner as directly affecting In-force policies. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. e. Material failure to comply with policy terms, conditions or contractual duties. Notice of cancellatIon wlll be mailed or de- livered at least 60 days before the effec- tive date of cancellation. f. Other reasons that the Insurance Com- missioner may approve. Notice of cancel- lation wlll be mailed or delivered at least 60 days before the effective date of can- cellation. IL02 460498 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 000190 . This policy may also be canceled from Inception upon discovery that, the policy was obtained through fraudulent statements, omissions or con- cealment of facts material to the acceptance of the risk or to the hazard assumed by.us. 4. We will mall or deliver our notice to the first Named Insured's last mailing address known to us. Notice of cancellation will state the spe- cific reasons for cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. and will be retumed within 10 business days after the effective date of cancellation. If the first Named Insured cancels, the refund may be less than pro rata and will be retumed wnhin 30 days after the effective date of cancella- tion. The cancellation will be effective even if we have not made or offered a refund. -., { 7. If notice is mailed, n will be by re~lstered or first class mall. Proof of mailing will be suffi- cient proof of not ice. B. The following are added and supersede any provi- sions to the contrary: 1. Nonrenewal If we decide not to renew this policy, we will mall or deliver written notice of nonrenewal, stating the specific reasons for nonrenewal, to the first Named Insured at least 60 days be. fore the expiration date of the policy. 2. Increase Of Premium If we Increase your renewal premium, we will mall or deliver to the first Named Insured writ- ten notice of our intent to increase the pre- mium at least 30 days before the effective date of the premium Increase. Any notice of non renewal or renewal premium In- crease will be mailed or delivered to the first Named Insured's last known address. If notice Is mailed, n will be by re~lstered or first class mall. Proof of mailing will be sufficient proof of notice. ,( ( ,.-..;. ( --,'..,, -t.. Page 2 of 2 Copyright,lnsllranceServicesOffice, Inc., 1997 IL 02 460498 . -.,,' l.; ':.. =;;; """'" """'" =;;; == !!I!!!!!!!! = =;;; - = ~ - = iiiiiiiii - - = a!!i!5! - """" - l!!!!!!!!!! === - - - === = - = -== === l!il!E , PENNSYLVANIA NOTICE An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide services to reduce the likelihood of injury, death or loss. These services may include any of the following or related services incident to the application for, Issuance, renewal or continuation of, a policy of Insurance: 1. Surveys; 2. Consultation or advice; or 3. Inspections. The "Insurance Consultation Services Exemption Act" of Pennsylvania provides that the Insurance Com- pany, Its agents, employees or service contractors acting on its behalf, is not liable for damages from Injury, death or loss occurring as a result of any act or omission by any person in the fumishing of or the failure to fumish these services. The Act does not apply: 1. If the injury, death or loss occurred during the actual performance of the services . and was caused by the negligence of the Insurance Com- pany, its agents, employees or service contrac- tors; 2. To consultation services required to be performed under a written service contract not related to a policy of insurance; or 3. If any acts or omissions oLthe Insurance Com- pany, its agents, employees or, service contrac- tors are judicially determined to constitute a crime, actual malice, or gross negligence. Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates Insuring risks located in Pennsylvania. IL 09 10 07 02 C> ISO ProDerties. Inc.. 2001 Page 1 of 1 . , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF. TERRORISM This endorsement modifies Insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYEE THEFT AND FORGERY POLICY FARM COVERAGE PART GOVERNMENT CRIME COVERAGE FORM GOVERNMENT CRIME POLICY . KIDNAP/RANSOM AND EXTORTION COVERAGE FORM KIDNAP/RANSOM AND EXTORTION POLICY STANDARD PROPERTY POLICY A. Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that Is certified by the Secretary of the Treasury, In con- currence with the Secretary of Slate and the At- torney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The criteria con- tained in that Act for a "certified act of terrorism" include the following: 1. The act resulted In aggregate losses in ex- cess of $5 million; and 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastruc- ture and Is committed by an Individual or in- dividuals acting on behalf of any foreign per- son or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. With respect to anyone or more "certified acts of terrorism" under the federal Terrorism Risk Insur- ance Act of 2002, we will not pay any amounts for. which we are not responsible under the terms of that Act (Including subsequent action of Congress pursuant to the Act) due to the application of any clause which results In a cap on our liability for payments for terrorism losses. B. Application Of Exclusions The terms and limitations of any terrorism exclu- sion, or the inapplicability or omission of a terror- ism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. " IL 09 52 11 02 @ ISO Prooerties. Inc.. 2002 Paoe 1 of 1 . .{" (. COMMERCIAL INLAND MARINE COMMERCIAL INLAND M!ARINE CONDITIONS The followlngcond~lons apply 10 addition to the Common Policy Conditions and applicable Additional Condi- tions In Commercial Inland Marine Coverage Forms: ...... '""'" ....... = ....... ~ - = = = - !!E!E """'" ~ === == === """'" === iiiiiiiiili - ....... - iiiiiiiiili = ....... """'" . 000181 LOSS CONDITIONS A. ABANDONMENT There can be no abandonment of any property to us. B. APPRAISAL If we and you disagree on the value of the property or the amount of "loss," either may make written demand for an appraisal of the "loss." In this event, each party will select a com- petent and Impartial appraiser. The two ap- praisers will select an umpire. If they cannot agree, e~her may request thaI selection be made by a JUdge ofa court having Jurisdiction. The appralSElrs will state separataly the value of the property and amount of "loss.".1f they fall to agree, they will submit their differences to the umpire; A decision agreed to by any two will be binding. Each party will: 1. Pay Its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there Is an appraisal, we will stili retain our right to deny the claim. C. DUTIES IN THE EVENT OF LOSS You must see that the following are done In the event of "loss" to Covered Property: 1. Notify the police If a law may have. been broken. 2. Give us prompt notice of the "loss." In- clude. a description of the property In- volved. 3. As soon as possible, give us a description of how, when and where the "loss" occurred. 4. Take all reasonable steps topratect the Covered Property from.further damage and keep a record of your expenses necessary to protect the Covered Property, for considera- tion In the settlement of the claim. This will not Increase the Limit of Insurance. However, we will not pay for any subsequent "Iosl\" resulting from a cause of loss that Is not a Covered Cause of Loss. Also If feasible, set CM 00 01 0695 the damaged property aside .and In the best possible order for examination. 5. Make no statement that will assume any obligation or admit anyllabll~y, for any "loss" fo~ which we may. be liable, without our con- sent. 6. Perm~ us to Inspect the property and re- cords proving "loss." 7. If requested,perm~us to question you unde~.. oat~, at ,. sl!ch.tlmes as may be reasonably required, a.bout any matterrelat- Ing .to this' Insurance or YOl!r claim, Including your books and records, In such' event, your answers must be signed. 8. Send usa signed, sworn statement of "loss" containing the Information we re- quest to settle the claim. You must do this within 60 days after our request. We will supply youw~h the necessary forms. 9. Promptly send us any legal papers or no- tices received concerning the "loss." 10. Cooperate w~h us In the Investigation or settlement of the claim. D. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same "loss," we will not pay more than the actual amoUnt of the "loss." E. LOSS PAYMENT We will payor. make good any "loss" covered under this Coverage Part within 30 days after: 1. We reach agreement w~h you; 2. The entry of final judgment; or 3. The filing of an appraisal award. We will not be liable for any part of a "loss" that has been paid or made good by others. F. OTHER INSURANCE If you have other Insurance covering the same "191\1\" as the Insurance under this Coverage Part, we will pay only the excess over what you should have received from the other Insurance. We will Copy~lght, Insurance Services Office, Inc., 1994 Page 1 of 2 . COMMERCIAL INLAND MARINE pay the excess whether you can collect on the other Insurance or not. G. PAIR, SETS OR PARTS 1. Pair or Set. In case of "loss" to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to Its value before the "loss"; or b. Pay the difference between the value of the pair or set before and after the "loss." 2. Parts. In case of "loss" to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. PRIVILEGE TO ADJUST WITH OWNER In the event of "loss" Involving property of others In your care, custody or control, we have the right to: 1. Settle the "loss" wtth the owners of the property. A receipt for payment from the owners of that property will satisfy any claIm of yours. 2. Provide a defense for legal proceedings brought against you. If provided, the ex- pense of this. defense will be at our cost and will not reduce the applicable Llmtt of Insurance under this Insurance. I. RECOVERIES Any recovery or salvage on a "loss" will accrue entirely to our benefit until the sum paid by us has been made up. J. REINSTATEMENT OF LIMIT AFTER LOSS The Llmtt of Insurance will not be reduced by. the payment of any claim, except for total "loss" of a scheduled Item, In which event we will refund the unearned premium on that ttem. K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Insurance has rights to recover damages from another, those. rights are transferred to us to the extent of our pay- ment. That person or organization. must do everything necessary to secure our rights and must do nothing after "loss" to Impair them. GENERAL CONDITIONS A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part Is void In any case of fraud, Intentional concealment or misrepresentation of a material fact, by you or any other Insured, at any time, concerning: 1. This Coverage Part; 2. The Covered Property; or 3. Your Interest In the Covered Property; or 4. A claim under this Coverage Part. B. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Covera\le Part unless: 1. There has been full compliance wtth all the terms of this Coverage Part; and 2. The action Is brought within. 2 years after you first have knowledge of the "loss." C. NO BENEFIT TO BAILEE No person or organization, other than you, hav- Ing custOdy of Covered Property, will beneftt from this Insurance. D. POLICY PERIOD We cover "loss" commencing during the policy period shown In the Declarations. E. VALUATION The value of property will be the least of the fol- lowing amounts: 1. The actual cash value of that property; 2. The cost of reasonably restoring that property to tts condttlon Immediately be- fore 1l10SS11; or 3. The cost of replacing that property with substantially Identical property. In the event of "loss," the value of prop!lrty will be determined as of the time of "loss." Page 2 of 2 Copyright, Insurance Services Office, Inc., 1994 CM 00 010695 . .. _' 1.." (... ~- COMMERCIAL INLAND MARINE TRUCKERS'CARGO L1ABI L1TY COVERAGE SPECIAL,FORM Various prol/lslons In this policy restrl,ctcoverage. Read Iheentlre policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy, the words "you"and "your" refer t thel'J,ame~ Insured ,shown Inthe Declarations. The words "we," "us" and "ou." refer to the Company providing his Insurance. Other words and phrases that appear Ih quotation marks ave special meaning. Refer to Section F. - DEFINI- TIONS. A. COVERAGE !iiiii!ii - - """'" ~ ~ - = """'" - = - = """'" - = - """'" = 5iE5 == """"" """"" - I!!!!!!!!!!! - - = - I!!!!!!!!!!! === = .- , '"","", ',- 000114' We cover your liability as a qommon or contract motor carrier for "loss" to Covered Property caused by any of the Covered Causes of Loss. 1. Covered Property, as used In this Coverage Form, ,means property' of others that you have accepted for transportation as a com. mon or contract motor carrier under con- tract, tariff, bill of lading or shipping receipt. We cover such property while: a. Contained In or on any,land vehicle you own, or operate; or b. Unloaded at your terminal, but only If that terminal Is desCribed In the Declara- tions and an applicable Limit of Insur- ance Is shown. 2. Property Not Covered Covered Property does not include: a. Accounts, bills, CUrrlmcy, deeds, eviden- ces of debt, money, notes, securities, checks, drafts commercial papers or other documents of value; b. Bullion, gold, sliver, platinum or other precious alloys or metals; precious or semi-precious stones; furs or fur gar- ments; Jewelry or watches; paintings, statuary or works ofart; c. Reusable shipping containers except as provided under A.4.f. Additional Covered Property; d. . Live animals, birds or fish, however, we will pay your liability for "loss" by theft or for death or destruction resulting from or made necessary by any of the "specified causes of loss." e. Property In your care, custody or control as a warehousemen; or CM T1 17 1292 f. ContraPllnd, or property In the course of Illegal transportation or trade. 3. Covered Causes of Loss COl/ered Cl\uses of LOss, means your liability for DIRECT PHYSICAL "LOSS", to Covered Property except those causes of "loss" listed In Section B. EXCLuSIONS. . 4. Additional, CClVerages a. Defense Cost We will defend you against any suit brought agaInst you by others for a "loss" to Covered Property caused by or result. IngfromaCovered.Cause of Loss. We retain our rights, to,lnl/estlgate, negotiate and settle any claim o,r suit In any man- ner we determine to be necessary or ex- pedient. We will npt pay for the settlement of any claims or'any suits under this Additional Coverage. "Nor will we pay any claim or judgement or defend any suit after the applicable Limit of Insurance has been exhausted by the payment of claims, suits or judgements. The amount payable under this Addition- al Coverage Is In add,ltlon to the Limits of Insurance shown In the Declarations. b. Earned Freight Charges We will cover your earned freight char- ges that you are unable to collect result- Ing from a "loss" covered by this Coverage Form. The most we will pay In anyone occurrence Is $ 2,500. The amount payable under this Addition- al Coverage Is In addition to the Limits of Insurance. Page 1 of 5 - , COMMERCIAL INLAND MARINE c. Debris Removal (1) We will pay your expenses to remove debris of Covered Property caused by or resulting from Covered Cause of Loss that occurs during the policy period. The expenses will be paid only If they are reported to us In wr~- Ing within 180 days of the date of direct physical "loss." This Additional Coverage does 110t apply to: (a) Costs to extract "pollutants" from land or water; or (b) Costs to remove, restore or replace polluted land orwater. (2) Payment .for Debris Removal Is In- cludedwlthln the applicable .Llmlt If I nsurance shown 111 the Declarations. The most we will pay under this Ad- ditional Coverage III 25% of: (a) The amount we pay for the direct physical "Ioss"to Covered Prop- erty; plus (b) The deductible In this pOlicy ap- plicable to that "loss." When the debris removal expense ex- ceeds the above ~5% limitation or the sum of "loss" to Covered Property and the expense for removal of ~s debris ex- ceedthe applicable Llm~ of Insurance we will pay an add~lonal amount for debris removal expense up to $2,500 In any on" occurrence. d. Pollutant Cleanup and Removal We will pay your expense to extract "pol- lutants" from land or water,lf the re- lease, discharge or dispersal of the "pollutants" Is caused by or results from a Covered Cause of Loss which occurs to Covered Property during the policy period. The expenses will be paid only If report- ed to us In writing within 180 days of the direct physical "loss." The most we will pay under this Addition- al Coverage Is $5,000 In anyone year commencing w~h policy Inception. Page 2 of 5 The amount payable under this Addition- al Coverage Is In add~lon to the Llm~s of Insurance e. Claim Mitigation Expense We will pay the necessary expense you Incur to prevent further "loss" to Covered Property If that expense Is Incurred w~hln a 12 hour period after a covered "loss" occurs. The most we will pay under this Addition- al Coverage Is $2,500 In an~ gne occur- rence. No Deductible will be applied to this Add~lbnal Coverage. The amount payable under this Addltlon- al Coverage Is In addition to the Limits of Insurance. f. Additional Covered Property You may extend the coverage provided by this Coverage Form to apply to direct physical "loss" from a Covered Cause of Loss, to cargo containers or shipping containers, excluding vehicles or trailers, that are the property of others, In your care, custody or control, and for which you are liable under the terms of any . written contract, lease or agreement. The most we will pay under this Addition- al Coverage Is $2,500 In anyone occur- rence. This IIm~ Is Included within the applic- able Limits of Insurance shown In the Declarations. B. EXCLUSIONS 1. We will not pay your lIabll~y for "loss" caused directly or Indirectly by any of the following. Such "loss" Is excluded regardless of any other cause or event that contributes concur- rently or In any sequence to the loss: a. Governmental Action Seizure or destruction of property by order of governmental author~y. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent Its spread If the fire would be covered under this Coverage Form. --(" CMT1 171292 . . = -.' == = == """"'" - """'" - === - === - ll!!i!E """"'" """"'" """"'" - === == === """"'" iii!iIi ....... === = - ....... ~ - .- --= !!i!! '"","", 0001 83 -- . '" (,..~ b. N!lclear Hazard (1) Any weapon employing atomic fis- sion or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination from any other cause. But' we will pay for direct "loss" caused by resulting fire If the fire would be covered under this Coverage Form. c. War and Military Action (1) War, Including undeclared or civil war; (2) Warlike action by.a military force, In- cluding action In hindering or de- fending ag!llnst an actual or expected attack, by any government, sovereign or other authortty using mllttaryor other personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power.. or action taken by governmental authority In hindering or defending against any of these. 2. We will not pay your liability for "loss" caused by or resulting from any of the following: a. Delay, loss of use, loss of market, loss of Income or any other consequential loss; b. Olshonest or c.rlmlnalacts,., by you, anyone else wtth an Interest In the prop- erty, your or their employees or au- thorized representatives, or anyone entrustedwtth tile 'property, 'whethero~ npt actlng",lone,or-lnKcolli,Jslon, wtthotiler persons,OJ,occurrlnfj,dur.Ir).g,.'!ile hours of. '.. employment; c. Spoilage; contamination; corrosion, rust, dampness, dryness, cold or heat; break- age; any change In appearance, smell, texture, taste or flavor. But we will pay your lIablltty for "loss" caused directly by any of the "specified causes of "loss." 3. We will not pay your liability for "loss" caused by or resulting from any of the following. But If ,"loss" from a Covered Cause of Loss results, will pay your lIablltty for that "loss": a. Weather condttlons. But this exclusion only applies If weather conditions con- tribute In any way with a cause or event CM T1 17 1292 COMMERCiAL INLAND MARINE excluded InB.l. above to produce the 1I108S"; b. Wear and tear; any quality In the prop- erty that causes tt to damage or destroy Itself; hidden or latent defect; gradual deterioration; Insects, vermin or rodents. 4. We will not pay f~r any costs, fines, or penal- ties you Incur for your violation of any law or regulation that applies to your delay In pay- ments, denial or settlement of any claim made against you by others for any "loss." C. . LIMITS OF INSURANCE The most we will pay In anyone occurrence Is the applicable L1mtt of I nsurarice shown In the Declaratlons..9Xceptas, provided .In A.4.' Addttlon- al poverages. D;' DEDUCTIBLE We will nOt pay for"loss'''Ir\ anyone occurrence untlltheal11ount.of tile "loss," before applying the applicable Limits: of Insurance, 'exceeds'the De- ductible shown In the Declarations. Wewlll then pay the amount of the "loss" In excess of the Deductible, up to the appllcableLlmtt of in- surance except, as provided In A.4. Addttlonal Covllrages. E. ADDITIONAL CONDITIONS The 'following conditions apply In addttlon to the Commercial Inland Marine Condttlons and the Common Policy Condttlons: 1. Coverage Territory We cover property wherever located within: a. The UhltedStates of America and tts ter- rttorles or ppssesslons; b. Puerto Rico; and c. Canada; 2. Valuation General Condition E. Valuation, In the Com- merclallnland Marine Condttlons Form, Is re- placed by the following: In the event of "loss," we will not pay more than the amount for which you are liable as a motor carrier. 3. Coinsurance All Covered Property must. be Insured for your total liability for that property as of the time of "loss" or you will Incur a penalty. Page 3 of 5 . COMMERCIAL INLAND MARINE . That penalty Is that we will pay only the proportion of any "loss" that the applicable Limit of Insurance shown In the Declarations bears to your total liability as of the time of "loss" for all property In or on the vehicle, or unloaded at the terminal, to which the limit applies. 4. Claims Agair:lst Others The following Is. added to Commercial Inland Marine Loss Condition C.Dutles In the Event of Loss: You must promptly make a claim In Writing against any other party which may be liable for the "loss." 5. Impairment 01 Rights of Recovery The following Is added to Commercial Inland Marine Loss Condttlon K., Transfer of Rights of Recovery Against Others to Us: You may accept bills of lading or shipping receipts Issued by other carriers. that limit their lIablltty to less than the actual.value of the property. 6. Labels I n the event of "loss" only to the Identifying labels or wrappers containing the Covered Property, we Will pay the co~ttoreplace those . labels or wrappers If the "loss" Is caused by or results from a Covered Cause of Loss. 7. Records You must keep accurate records of your trucking business Including all "gross re- ceipts" from transporting Covered Property and retain them for 3 years after the policy period ends. 8. Reimbursement to Us We may endorse this policy at your request to comply with the requlremehtsof the Inter- state Commerce Commission or any other governmental authortty. If we pay any "loss" because of any such endorsement, you must promptly reimburse us for that payment and any other expenses we may Incur In connection with It, however, your reimbursement will be required only to the extent that we do not cover that "loss" under this Coverage Form. Page 4 of 5 >) " ~ 9. Reports, Premium and Reporting Pro- visions The following applies only If Reporting Form Is Indicated In the Declarations. Addttlonal Condition E.3. Coinsurance In this Coverage Form Is deleted and replaced by the follow- Ing: a. Reports. Within 30 days after the end of each reporting period shown In the Dec- larations, you must report to us the amount of your "gross receipts" for that period. b. Premium Computation. We will compute the premium using the rate shown In the Declarations and your "gross receipts" as of each Premium AdJustment Period shown In the Declarations. c. Premium Adjustment. We will apply the computed premium to the Depostt Premium shown In tha Declarations until tt Is used up. You must then pay us all premiums that exceed the Depostt Premium. d. Minimum Premium. You must pay at least the Minimum Premium shown In the Declarations. This Minimum Premium will only apply: (1) When the computed premium for each annual policy period Is less than the Minimum Premium; or (2) If you cancel this Coverage Form after It has taken effect. e. If the Coverage Form Is cancelled, you must report the amount of your "gross receipts" up to the date of cancellation. 1. Cancellation. The following Is added to the Cancellation Common Policy Condi- tion: In the event of cancellation, this Cov- erage Form applies to all shipments of Covered Property made up to the date of cancellation. DEFINITIONS 1. "Gross receipts" means the total amount of receipts to . which you are entitled for transporting property during the policy period, plus any receipts from packing, load- lf1g, unloading or handling such property. 2. "Loss" means accidental loss or damage. ..- ( 1 ( .t CM T1 17 12 92 . .. . ......, ...,....~, "'" --" == === == """'" = """'" = - === - == - .... """'" - === = - 55E """'" - - === - iiiiiiEil """'" - - - = """'" 000184 COMMERCIAL INLAND MARINE 3. "Pollutants" means any solid, IIqull;kg.as!lousq or thermal Irrttant or contaminant.' Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Wast!! InclUdes materials to be. recycled, reconditioned or re- claimed. 4i "Specified causes of loss" means and Is IImlted.le) the following: F'lre, IIgl1tnlng,. windstorm, hall, smoke, ex- plosion, rioters, strikers, civil commotion, vandalism, earthquake, flood, theft or at- tempted theft, or accident to the vehicle car- rying the Covered Property. CM T1171292 Page 5 of 5 . . POLICY NUMBER: QT -660-1 08D7990-TI L -03 COMMERCIAL INLAND MARitNe -, -' ISSUE DATE: 04-03-03 ENDORSEMENT FOR MOTOR COMMON CARRIER POLICIES OF INSURANCE FOR CARGO LIABILITY UNDER 49 U.S.C, 13906 .,.- -~ Issued to NAPA TRANSPORTATION INC. of 6370 BASE SHORE ROAD MECHANICSBURG, PA 17055 Dated at 90 MERRICK AVE. EAST MEADOW, NY 11554 Amending Policy No_ 660 1 08D7990 this Effective Date day of Name of Insurance Company TRAVELERS INDEMNITY CO. OF ILLINOIS Insurance Co. Filer # I -5030 Telephone Number Countersigned by The policy to which this endorsement Is attached Is a cargo Insurance policy, and is hereby amended to assure compliance by the Insured, as a common carrier of property by motor vehicle, with Section 13906, Title 49 of the United States Code, with reference to making compensation to shippers or consignees for all property belonging to shippers or consignees coming Into the possession of such carrier in connection with its transportation service under certificate Issued to the Insured by the Federal Highway Administration (FHWA), or otherwise in transpor- tation in interstate or foreign commerce subject to FHWA rules and regulations. In consideration of the premium stated In the policy to which this endorsement Is attached, the Company hereby agrees to pay within the limits of liability hereinafter provided, any shipper or consignee for all loss of or damage to all property belonging to such shipper or consignee, and coming Into the possession of the Insured in connec- ( tion with such transportation service, for which loss or damage the insured may be held legally liable, regardleSs-'", of whether or not the motor vehicles, terminals, warehouses, and other facilities used In connection with the transportation of the property hereby insured are specifically described in the policy. The liability of the Company extends to such losses or damages whether occurring on the route or in the territory authorized to be served by the insured or elsewhere. Within the limits of liability hereinafter provided, it Is further underStood and agreed that no condition, provision, stipulation, or limitation contained in the policy, or any other endorsement thereon or violation thereof, or of this endorsement by the insured, shall affect in any way the right of any shipper or consignee, or relieve the Com- pany from liability for the payment of any claim arising out of such transportation service for which the Insured may be held legally liable to compensate shippers or consignees, irrespective of the financial responSibility or lack thereof or insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the pol- icy to which this endorsement Is attached are to remain in full force and effect as binding between the insured and the Company. The insured agrees to reimburse the Company for any payment made by the Company on account of any loss or damage Involving a breach of the terms of the policy and for any payment that the Com- pany would not have been obligated to make under the provisions of the policy, except for the agreement con- tained in this endorsement. The liability of the Company for the limits provided In this endorsement shall be a continuing one notwithstanding any recovery hereunder. The Company shall not be liable for an amount In excess of $5,000 in respect to all losses or damages to property hereby insured carried on anyone motor vehicle, nor In any event for an amount in excess of $10,000, in respect to any loss of or damage to or aggregate of losses or damages of or to such property occurring at anyone time and place. Whenever requested by the FHWA, the Company agrees to fumish to the FHWA a duplicate original of said policy and all endorsements thereon. This endorsement may not be canceled without cancellation of the poliCY to which It Is attached. Such cancellation may be effected by the Company or the insured giving thirty (30) days' notice In writing to the FHWA at its office in Washington, D. C., sail! thirty (30) days' notice to commence to run from the date notice is actually received at the office of said FHWA.J,.__ BMC 32 Order # eM 8M C312 98 Page 1 of 1 . , Exhibit D l'!Hl-IO"')~"" 11~J..J tl'(url:N~ (1 (':ld'l';1;'l( IU:(l( ~ (11:l1::I PRGE:02 o . MARINE Ron William. Technlc" Specialial PItOlI.: (1iIU) .32.7344 1.100.'42-'440, 'ltl. 7344 Flit: (177) .01.tII.5 E.M.il: RDnokl.G.W/llllm.@Trove/ers_"om iii STPAUL IIlI\IP TRAVELERS P.O Box 60015 New Orle.ns, L.. 70~60~015 April 28, 2004 Vi. U S M.i1 Mr. Ron Accomando NAPA Transportation, Inc_ PO Box 959 Mechanicsburg, PA 17055.0959 Re: Policy No.: Policy Period' Claim No_: Date of Loss: Shipper/Claimant Consignee: QTJ660 -10807990 04/01103 through 04/01104 AHR0264 Reported as 01116/04 Hershey Foods Corporation, PA CVS, RI Dear Mr. Accomando: The above-mentioned loss was submitted to Travelers on January 22, 2004. We appointed W K Webster (Overseas) Ltd to coordinate obtaining documents necessary regarding the cargo. We also appointed investigators L & J International, specifically Dan Sonesen, to investigate the circumstances oflhe reported cargo theft, Mr Sonesen has reported to the St Paul Travelers the following: CIRCUMSTANCES On January 16, 2004, the Assured received. pick-up/delivery order from Hershey Chocol.tes lInd .sslgned company driver, St.nley C. W.ltermyer to uplift. pre-staaed NAPA trattor, Number 8055 at tbe Henhey pl.nt,located in Palmyra, Pennsylvani.. The lo.d was covered on a c1e.n Benhey Foods Corporation Straight Bill of Lading (ShOM Form) Number 2488700, d.ted January 16,2004, Se.l Number 80586. (Doc. 1) Tile shipment was said to contain 2,550 cases of Benbey Chocolate Candy Kisses, having a gross weight of 41,118.92 Ibs, 1,516,79 cubic feel. . MHY-~~ ~q 11:1~ "~UM:NHPH 7179209847 TO:717 909 7788 PAGE: 03 . Page 2 Accordin.: to Henhey Invoice Number 92395836, provided to us by the Assured, the 2550 cases of chocolate were sold to CVS, Woonsocket, Rhode Island 02895, for US 5112,608.00. (Doc. 2) Wallermeyer, upon makinl the uplift, was directed by NAPA dispatch to deliver loaded trailer 80S5 to the NAPA yard and drop it in the storale area for loaded reefers, known as Lot B. This consllnment had a cut off time for delivery of no later than 1800 hours on January 161h, 2004. The Assured could not meet the 1800 cut of!' delivery time, therefore, the load was brought into the NAPA Terminal yard to be stored until the consignee (CVS) rescheduled a new delivery date. (Doc 3) Mr. Sonesen !Unher repons that NAPA persoMeJ discovered trailer number 80SS empty on Monday, January 19, 2004 at about 0700 hours. Not until sometime after 2300 hours, on January 19, 2004, was it discoed that the Hersey shipment in question was missing. In Mr. Sonesen's final repon, he states that: Further to our Preliminary Report of February 11, 2004, we now report that on February 1'8, 2004, we were present at NAPA Transportation, Inc., and at that time met with the President, Mr, Ron Accomando and NAPA Safety Director, Liz Settle. Subsequently, Ms Settle and ounelves interviewcd NAPA Transportation, Inc. independent driver Thomas W. Bouser, whose tractor, you will recall, was recorded on NAPA GPS trackln.: system to have been on the terminal property on January 17-18, 2004, for no legitimate purpose. Houser initially denied being on the property, stating that his leased NAPA Tractor, 931, had a dead battery and WAS parked all weekend at a lilllng station about 300 yards from his private residence. Upon further uplalnlng to Houser, not only had the sYltem tracked him from his home in Palmyra to the terminal, It also tracked him leaving the NAPA terminal and travelling through the town of Annsville, to Myentown, furthermore, the vehicle was stopped for a period of time and then proceeded back to thc NAPA yard and finally back to his home town of Palmyra. Thereafter, he lave us a two page statement detailing how he had stolen the loaded NAPA trailer 8055 and then sold the freight, which was Henhey Kisses, .to an Amish-owned store called Homing Roadside Market, located in Myerstown. Pennsylvania. (Doc 1) .... .... . . l'lH'f-~,~ 1:::J"'i 11: Ib I-I"<UI'1:NH1-'H (1 (':Jcld':JOl'l( TO:717 909 7788 PAGE: 04 ~ Page 3 Thereaner, we notiDed the Hampden Township Police Department and Investigator Glenn Adams responded and arrested Houser for two counts of Grand Then. (Doc 3) During the arrest processing by Investigator Adams, Houser again agreed to surrender the remaining cash proceeds, Bouser signed a Consent to Selrch form and thereafter, Investigator Adams, Houser, and ourselves were present at the home of the defendant and recovered 59,830.00 in cnsh, which was in a brown cardboard box in his second noor bedroom dOlet, located at 294 Royal Road, Palmyra, PA 17078. (Doc: 4) These proceeds are now in the Hnmpden Township Police Propl!rty Bureau uuder Receipt Number 12-04. We refer you to NAPA Transportation's policy of insurance, specifically form CMTI171292. titled Truckers' Cargo Liability Coverage - Special Form, which states in part: B, EXCLUSIONS 2. We will not pay your liability for "loss" caused by or resulting from any of the following: b. Dishonest or criminal acts by you, anyone else with an interest in the property, your or their employees or authorized representatives, or anyoue entrusted with the property, whether or uot acting alone or in collusion with other persons or occurring during the hours of employment; At the time of the theft of the Hersey shipment referenced above, Thomas W Houser was employed as a driver for NAP A Transponation Inc. The investigative report provided by Mr. Sonesen including all relative documents, statements and police repon clearly demonstrates that Mr. Houser was responsible for the stolen Hersey's shipment. Therefore as quoted above from NAPA Transportation's Truckers' Cargo Liability policy, this loss/claim is excluded from coverage. No further contact will be made by St Paul Travelers'. Surveyors andlor Investigator's regarding this matter as coverage is excluded. Therefore, it will be left to representatives of NAPA Transportation to address this matter with the owners of the cargo if and when a cargo claim has been presented, . MHY-~i ~~ ll:lb .~UM:NHPH 71 792139847 TO:717 9139 7788 P~GE:!'l5 : -- Page 4 St Paul Travelers reserves all of its rights and defenses to assert any policy term, condition and/or exclusion which may further limit or defeat coverage in this matter. St Paul Travelers reserves all of its rights in this matter. By this letter or any investigation, St Paul Travelers does not waive any policy defense available to it; nor shall St Paul Travelers be estopped from asserting such right or defense. Should new or additional information be received which may impact coverage, please forward it immediately to my attention. Sincerely, \LJ J___ - Ron Williams Cc Jeff Smith, Kel, Via Facsimile 724-940-1779 . . . w VERIFICATION I, Ron Accomando, President of Napa Transportation, Inc., being duly authorized to make this verification, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: ~:z" 10 l..c . . NAPA TRANSPORTATION, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO.: 2006-3714 TRAVELERS PROPERTY CASUALTY DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned Paralegal employed by the Law Offices of Leslie D. Jacobson, hereby certifies that a true and correct copy of the Complaint has been duly served this day, by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Paul R. Walker THOMAS, THOMAS & HAFER, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 Attorney For Defendant Dated: August 31, 2006 C ad Julius 8150 Derry Street Harrisburg, PAl 7111 717.909.5858 FAX: 717.909.7788 ~ Ie:::, if' -po C;:. cO 0> c. (-... :.2- -~ -', , - o ~n :?-n flt!\r: 119 C) ~, '~~~,r'( -J: --(, ~".1(,o) ,,~:- rn i--') .~; ~~ ...., __,w -"" <>' .- r- J.;" , THOMAS, THOMAS & HAFER, LLP James K. Thomas, II Identification Number: 15613 Paul R. Walker, Esquire Identification Number: 88714 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7100 Attorneys for Defendant NAPA TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2006-3714 v. CIVIL TERM TRAVELERS PROPERTY CASUALTY, JURY TRIAL DEMANDED Defendant NOTICE OF FILING OF NOTICE OF REMOVAL TO THE PROTHONOTARY: Please take notice that Defendant Travelers Property Casualty Company of America, flk/a The Travelers Company of Illinois (erroneously designated Travelers Property Casualty), in the above matter did, on the 22nd day of September, 2006, file in the United States District Court for the Middle District of Pennsylvania, a Notice of Removal of this action at docket number '.' Dlo ....c.-V -Illllu . A copy of the Notice of Removal is attached hereto. Respectfully submitted, By: Pau . Walker, Esquire I.D.#88714 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 DATE: q(J~(h 451406.1 aa8ee81)Q€i3t-'0m~rsICCDQ(EDmnemefi'l:51-1 Flfeek09Bl2PJQ066 p@~~e1 bb65 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NAPA TRANSPORTATION, INC., CIVIL ACTION - LAW Plaintiff v. CIVIL ACTION NO.: "'OG-cV-ff&:& TRAVELERS PROPERTY CASUALTY JURY TRIAL DEMANDED Defendant Defendant Travelers Property Casualty Company of America, f/k/a The Travelers Company of Illinois (erroneously designated Travelers Property Casualty) gives Notice of Removal of this action from the Court of Common Pleas of Cumberland County, Pennsylvania, where it is now pending as Civil Action - Law, Case No. 2006-3714, to the United States District Court for the Middle District of Pennsylvania, pursuant to 28 U.S.C. 91441 et seq. In support of this removal, Defendant avers as follows: aa8ee8:09€9G'0m~lSICCDocEDmooment51-1 FffeecD9912PJ9066 P1a€J~e22>f>55 1. Plaintiff, Napa Transportation, Inc., commenced this action against Defendant by filing a Writ of Summons on June 28, 2006, A true and correct copy of the Writ of Summons is attached as Exhibit "A". 2. Defendant filed a Praecipe for Entry of Appearance and a Rule to File a Complaint on. August 11, 2006, true and correct copies of which are attached as Exhibit "8" and "C", respectively. 3. The Complaint was filed and served on August 31, 2006. A true and correct copy of Plaintiffs Complaint is attached as Exhibits "0". 4. The attached Exhibits are the only process, pleadings or orders filed in the state court action. 5. Plaintiff is a citizen of the Commonwealth of Pennsylvania. See, Plaintiff's Complaint, 111. 6. Defendant is a corporation organized and existing under the laws of Connecticut. Defendant has its principal place of business in Hartford, Connecticut. See, Plaintiffs Complaint, ~2. 7. Plaintiffs Complaint alleges one cause of action for breach of contract. The total amount in controversy exceeds $75,000. See, Plaintiff's Complaint, 1123. 451407-1 2 oaB8E81l9€8t-'0m~lSICCDo<fDmnement51-1 Fffeec09m2PJ9066 P8~~e83::>D55 8. Accordingly, the United States District Courts have original jurisdiction over this action pursuant to 28 U.S.C. s1332(a) and this action is removable to this Honorable Court pursuant to 28 U.S.C. S1441. 9. Pursuant to 28 U.S.C. S1446(b), this Notice is filed within thirty (30) days after service of the Complaint on Defendant. 10. Pursuant to 28 U.S.C. S1446(b), a written notice of filing of this Notice of Removal shall be given to all parties. 11. Pursuant to 28 U.S,C. S1446(d),a true and correct copy of this Notice of Removal is being filed with the Prothonotary of the Court of Common Pleas of Cumberland County. WHEREFORE, Defendant Travelers Property Casualty Company of America, f1k/a The Travelers Company of Illinois (erroneously designated 451407-1 3 OOssE8:DQ€8b0mlBlMJI.9CCDo@mnemenl51-1 Flfeec:09SZ2PJQ086 ~€l~ffi4>Dfi5 Travelers Property Casualty), removes this matter to the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: /s/ Paul R. Walker Paul R. Walker, Esquire I.D.#88714 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 Attorneys for Defendant Dated: September 22,2006 451407-1 4 OOaeE81l9€8tT0m(lllffi{6J!SJCCDolfWmem8tYl:51-1 Fffeed)9912P2ra086 ~€l€lEfi!i:>b55 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 22nd day of September, 2006: Leslie D. Jacobson, Esquire The Law Offices of Leslie D. Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 (Attorney for Plaintiff) THOMAS, THOMAS & HAFER, LLP By: /s/ Paul R. Walker Paul R. Walker, Esquire I.D.#88714 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 Attorneys for Defendant Dated: September 22,2006 451407-1 5 CERTIFICA TE OF SERVICE I, Paul R. Walker, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the (;I:l day of &f-f2t~ ,2006: Leslie D. Jacobson, Esquire The Law Offices of Leslie D. Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 (Attorney for Plaintiff) By: 451406.1 (") c ~: -rJtl 0;; . ?.... 'I: ....#~- ~ r:; \. ....::..... I~--:, :VI.: / ~'::j ...,: 1""..;) ~ c..:> L',,)--- l/"J [';' -0 N <.1' -0 ::.c" (.:~ o .., --4 -:r: -n fnr=: ~otn. :rJ \~~ "-Jr;? - i,. ~.\., ; ) 7-; /~~n ~ J.:- :~ o 0"