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HomeMy WebLinkAbout06-7283 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BIEBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Please enter default judgment against Defendants Joey Bieber, Shaun M. Lucas and Yvonne Martin and in favor of Plaintiff for failure to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005. 1 hereby certify that written notice of intention to file this praecipe was filed on January 17, 2007, a copy of which is attached hereto and identified as Exhibits A, B and C, respectively. Respectfully submitted, By: Brigid Q. Alford,-Esq Supreme Court I.D. # 8590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 Attorneys for Plaintiff .2t?a7 Date: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BIEBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 CIVIL ACTION - LAW TO: JOEY BIEBER, SHAUN M. LUCAS AND YVONNE MARTIN, DEFENDANTS You are hereby notified that on March 21, 2007, default judgment has been entered against you for failure to file an answer to Plaintiff's Action for Declaratory Judgment. Date: March 21, 2007 Prothonotary4,11, I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Joey Bieber 809 Summit Street Bethlehem, PA 18015 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 TO: JOEY BIEBER, SHAUN M. LUCAS AND YVONNE MARTIN, DEFENDANTS Por este medio se le esta notificando que el March 21, 2007, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. Fecha: March 21, 2007 Prothonotary Certifico que la siguiente direccion es del demandante /a segun indicada en el certificado de residencia: Joey Bieber 809 Summit Street Bethlehem, PA 18015 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Nationwide Mutual Fire Insurance Company C/O Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiffs Joey Bieber 809 Summit Street Bethlehem, PA 18015 Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 L44-_?, 2- a4%_? Brigid . AI ord, E quir Date: 9-211-0,7 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company Flo Q C -' a r? S m '-j C -7Z) ?r< - M Z 11 -j NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-7283 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : CIVIL ACTION - LAW IMPORTANT NOTICE TO: Joey Beiber 1827 Carlisle Street Bethlehem, PA 18017-5211 DATE OF NOTICE: JANUARY 17, 2007 EXHIBIT A You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: L4"- Brigid Q. Alfor , Es ire Supreme Court I.D. #38590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: 0110z Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Joey Beiber 1827 Carlisle Street Bethlehem, PA 18017-5211 FECHA DE NOTICIA: JANUARY 17, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNAAUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By: Brigid Q. (ford, squ` Date: ? (??h .? j Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 717) 236-9377 Phone) 717) 236-9316 Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company 0 ri' _ rm ..a_-n _ rn -_j ?y M CD NATIONWIDE MUTUAL FIRE : COURT OF COMMON PLEAS INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-7283 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : CIVIL ACTION - LAW IMPORTANT NOTICE TO: Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 DATE OF NOTICE: JANUARY 17, 2007 EXHIBR You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: ?? -??? ja,?U= Brigid Q. Alford, squi e Supreme Court I.D. #38590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: ?! o Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 FECHA DE NOTICIA: JANUARY 17, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By: , _Ck,6 Brigid Q Alfor , Es uire Date: }loLe Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants o M U' ._ ` rzl Co Mr cr) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 DATE OF NOTICE: JANUARY 17, 2007 EX WIT You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: 4t-" 2 Brigid Q. Alford, squ' e Supreme Court I.D. #38590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: di-ILD7 Brigid 0. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) bdgidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 • CIVIL ACTION - LAW IMPORTANT NOTICE TO: Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 FECHA DE NOTICIA: JANUARY 17, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By: G , oj/? Brigid Q. (ford, sq e Date: o CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Plaintiff's Praecipe for Default Judgment on the following by first-class mail, postage prepaid and addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Date: A/ Le Joey Bieber 809 Summit Street Bethlehem, PA 18015 Pro Se L4.k'-? _,?. Ja-/- Brigid Q. Alford, s u' %yVh- h? ? V V ? yJ .?t? ?l +f Date: 12/12/2006 41st Judicial District of PA, Perry County Branch Time: 03:04 PM Complete Case History Page 1 of 3 Case: CV-PE-2005-00841 '7.2, J03 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY vs. JOEY BEIBER, etal. Filed: 10/13/2005 Subtype: Petition Comment: Status History Pending TRANFERRED Judge History Date 10/13/2005 Payments ALFORD, ESQ Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: User: /RUTH S 6v?C`7 Physical File: Y Appealed: N CASE TRANSFERRED TO CUMBERLAND COUNTY COURT OF COMMON PLEASE PER COURT ORDER 10/13/2005 12/11/2006 Judge Reason for Removal REHKAMP, C. JOSEPH Current Receipt Date Type 21516 10/13/2005 Civil Filing NATIONWIDE MUTUAL FIRE INSURANCE COMPANY SSN: 1000 NATIONWIDE DRIVE DOB: HARRISBURG PA 17105 Sex: Home: Work: Total Send notices: Y Amount 55.25 55.25 Attorneys ALFORD, BRIGID Q. ESQ (Primary attorney) Send Notices Defendant Name: BEIBER, JOEY SSN: Address: 1827 CARLISLE STREET DOB: BETHLEHEM PA Sex: Phone: Home: Work: Employer: Litigant Type: Send notices: Y Comment: t;« 1 &iLD A TRUE COPY Defendant Name: MARTIN, MARK Address: 1185 FLOWER LANE ssN: DE UTY PROTHONO ARY DOB: MARYSVILLE PA 17053 Sex: Phone: Home: Work: Employer: Litigant Type: Send notices: Y Comment: Attorneys KLINE, EVAN J ESQ (Primary attorney) Send Notices Date: 12/12/2006 41st Judicial District of PA, Perry County Branch User: RUTH S Time: 03:04 PM Complete Case History Page 2 of 3 Case: CV-PE-2005-00841 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY vs. JOEY BEIBER, etal. Defendant Name: MARTIN, JESSICA Address: 1185 FLOWER LANE MARYSVILLE PA 17053 Phone: Home: Work: Employer: Litigant Type: Comment: SSN: DOB: Sex: Send notices: Y Defendant Name: LUCAS, SHAUN Address: 2631 HARTMAN DRIVE CENTER VALLEY PA Phone: Home: Work: Employer: Litigant Type: Comment: SSN: DOB: Sex: Send notices: Y Defendant Name: MARTIN, YVONNE Address: 2389 JUNIPER DRIVE COPLAY PA Phone: Home: Work: Employer: Litigant Type: Comment: Register of Actions 10/13/2005 Petition Action for Declaratory Judgement filed. Exit to Attny. Filing: Petition Paid by: ALFORD, ESQ Receipt number: 0021516 Dated: 10/13/2005 Amount: $55.25 (Check) 11/23/2005 Sheriffs Return served upon Defendant, Mark Martin, filed. 4/4/2006 Important Notice, filed. Exit time stamp to Atty. 4/17/2006 Certificate of Service filed. Exit is copies to atty, file. Petition for Rule to Show Cause Regarding Transfer of Venue and proposed Order filed. Exit to judge. 4/20/2006 Order dated 04/19/06 filed. "respondent shall file an answer to the petition within 20 days of this date." Exit cc to parties on distribution, file. 10/10/2006 Plaintiffs Motion to Serve Defendant Lucas by Publication and proposed Order, filed. Exit to Judge. 10/16/2006 Order dated 10/12/06 ("serve Defendant Lucas ...) filed. Exit cc to atty., file. SSN: DOB: Sex: Send notices: Y UNASSIGNED, UNASSIGNED, UNASSIGNED, UNASSIGNED, UNASSIGNED, C Y1F11;b A lfi L LU1 .. DI(1Ti`,?e,. "}" UNASSIGNED, -rYtDIITV REHKAMP, C. JOSEPH REHKAMP, C. JOSEPH REHKAMP, C. JOSEPH Date: 12/12/2006 41st Judicial District of PA, Perry County Branch Time: 03:04 PM Complete Case History Page 3 of 3 Case: CV-PE-2005-00841 User: RUTH S NATIONWIDE MUTUAL FIRE INSURANCE COMPANY vs. JOEY BEIBER, etal. R egister of Actions 11/16/2006 Certificate of Service ("Proof of Publication Notice in Morning Call") filed. Exit is copy to atty, file. 12/8/2006 Motion to Make Rule Absolute and To Transfer Venue to Cumberland County andf proposed Order, filed. EXIT TO JUDGE. 12/12/2006 Order dated 12/11/06 (..."hereby grants the Petition to Transfer Venue..."), filed. Exit cc to atty. Alsford, file. File transferred to CumberlandCounty Court of Common Pleas per court order dated 12/11/06. REHKAMP, C. JOSEPH REHKAMP, C. JOSEPH REHKAMP, C. JOSEPH REHKAMP, C. JOSEPH C TIFI AT UE COPT' PUTY PROTHONOTARY ti ^Vi y fez r' 771 -J = _? ll-? NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 2005-841 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : CIVIL ACTION - LAW ORDER NOW, this 11 day of, 2006, this Court, upon consideration of the foregoing Motion and the record in this case, hereby grants the Petition to Transfer Venue and orders that the case be transferred to the Cumberland County Court of Common Pleas forthwith. BY THE COURT: J. N - c \ -- 7 c_ C ilFl A iR E Curt c PUTY PROTHONOTARY C= 0" Gf rri c-i tv cn 0 PL Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company ? r? CD c.. rn 00 W NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 2005-841 CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND TO TRANSFER VENUE TO CUMBERLAND COUNTY Plaintiff, Nationwide Mutual Fire Insurance Company, by its attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, respectfully moves the Court to make absolute the Rule that it issued in this case regarding transfer of venue, and in support thereof states as follows: 1. This is a declaratory judgment action concerning a coverage issue under a homeowner's insurance policy. 2. Defendant Martin had previously filed a Petition to Transfer Venue to Cumberland County. 3. Plaintiff does not object to said Petition. 4. Service issues regarding both the Complaint and the Venue Petition arose with respect to one of the other defendants, Shaun M. Lucas, and this Court subsequently granted a Motion to serve Defendant Lucas by publication. 5. Service by publication was perfected, as to both the Complaint and Venue Petition on October 31, 2006, and proof of publication was filed with this Court on November 16, 2006. 6. Defendant Lucas has not filed any response or objection to the pending Venue Petition, nor has he answered the Complaint. 7. None of the other Defendants have filed any response to the pending Venue Petition. 8. Counsel for Defendant Mark Martin has advised the undersigned that, on behalf of his clients, he concurs in this Motion. WHEREFORE, Plaintiff respectfully moves this Court to make absolute its Rule and transfer the above-captioned case to the Cumberland County Court of Common Pleas. Respectfully submitted, By: Brigid Q. Alford, Esq e Supreme Court ID #38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company Date: Ig116 l o & CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Date: I (o oG Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By. 4'?- -& ;?? w % Brigid Q. Alford, Esquire- j r' .« s Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 20059-841 ;?x- cr cx i' • . ---t . • c cs : 3C C:) -x7 -? Z5 C1 %D Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE Pursuant to the Court's Order of October 12, 2006, 1 hereby certify that I have served Defendant Shaun M. Lucas with Notice of the Complaint and Notice of the Petition for Change of Venue, by publication in The Morning Call on October 31, 2006, as set forth in more detail in the Proof of Publication attached hereto and incorporated herein by reference. Respectfully submitted, By: Brigid Q. ford, squir Supreme Court ID #38 0 Boswell, Tintner, Piccola & Alford 315 N. Front St. P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Date f` j k Attorneys for Plaintiff r ,??? Proof of Publication Notice in The Morning Call Under Act No. 587, Approved May 16, 1929, and its amendments STATE OF PENNSYLVANIA COUNTY OF LEHIGH SS: Glenn Adams, Credit Manager of THE ...................... ........ MORNING CALL, INC., of the County and State aforesaid, being duly swom, deposes and says that THE MORNING CALL is a newspaper of general circulation as defined by the aforesaid Act, whose place of business is 101 North Sixth Street, City of Allentown, County and State aforesaid, and that the said newspaper was established in 1888 since which date THE MORNING CALL has been regularly issued in said County, and that the printed notice or advertisement attached hereto is exactly the same as was printed and published in regular editions and issues of the said THE MORNING CALL on the following dates, viz.: .................................................................................................. ............. and the ...31st day of...... October 2006 Affiant further deposes that he is the designated agent duly authorized by THE MORNING CALL, INC., a corporation, publisher of said THE MORNING CALL, a newspaper of general circulation, to verify the foregoing statement under oath, and the affiant is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Designated Agent, THE MORNING CALL, INC. SWORN to and subscribed before me this 31St .................. day of .....................October 2000 ..........••...... .•.....••....••... • .••...•.••....•••........•.•.....r........... owq Public COMMONWEALTH OF PENNSYLYANIA NoteriallSeal Joanne Reiss, Notary Public City of Allentown, Lehigh County My Commission Expires Nov. 22, 2007 Member, Pennsylvania Asweladon of Notaries COPY OF NOTICE OR ADVER .E 1 ? L 1ic.L. (?1CT.3tt , ?? to 7 rTt ?;; PUBLISHER'S RECEIPT FOR ADVERTISING COSTS THE MORNING CALL, INC., publisher of THE MORNING CALL, a newspaper of general circulation, hereby acknowledges receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 'MURNING ALL, INC. a Corporation, Publishe f THE MORNING CV-. A Ne paper of General Cire?Record #22420 $t. Cn c.:, ;,. $ BOSWELL, TINTNER, PICCOLA & ALFORD COUNSELORS AT LAW 315 NORTH FRONT STREET P.O. BOX 741 LEONARD TINTNER JEFFREY E. PICCOLA JEFFREY R. BOSWELL BRIGID O. ALFORD G. EDWARD SCHWEIKERT, IV HARRISBURG, PA 17108-0741 (717) 236-9377 FAX (717) 236-9316 btpa0att.net WILLIAM D. BOSWELL (1943-19991 November 14, 2006 Brenda Albright, Prothonotary Perry County Courthouse Center Square New Bloomfield, PA 17068 RE: Nationwide Mutual Insurance v. Bieber et al. No. 20058-841 Perry County Court of Common Pleas Dear Ms. Albright: Enclosed please find Plaintiff's Certificate of Service in the above-captioned matter. Kindly file the original, time-stamp the additional copies and return same in the stamped, self-addressed envelope provided. ,Y/. I Thank you for your attention to this matter. a Co p' Q 5 ?I Very truly yours, Brigid Q. Alford BQA:DEG Enclosures CC: Evan J. Kline, Esquire (w/encl.) N n c CD ? 7-1 C, . al +. CD ?r f_1 ? t""1 a A NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA N Cr, CD NO. 2005#-841 -- o• c-n U7 CIVIL ACTION - LAW ORDER NOW, this .day of wit' , 2006, upon the request of counsel for leave to serve Defendant Lucas with the Complaint, and with the Rule to Show Cause and Petition to Change Venue respectively, by publication, in a newspaper of general circulation in Lehigh County, Pennsylvania, where he was last known to reside and where some of his relatives still live, the same is hereby GRANTED. G, ? I I Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, . Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 20054-841 ar? O PLAINTIFF'S MOTION TO SERVE DEFENDANT LUCAS BY PUBLICATION Plaintiff, Nationwide Insurance Company, by its attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, respectfully moves the Court for an Order permitting to serve Defendant Lucas by publication, and in support thereof avers as follows: 1. Plaintiff initiated the within declaratory judgment action seeking resolution of a coverage issue relative to an insurance policy issued to Defendant Joey Bieber. A true and correct copy of the Declaratory Judgment Complaint is attached hereto, made part hereof, and identified as Exhibit A. 2. Plaintiff has attempted to perfect personal service upon Defendant Shaun M. Lucas at his last known address, in Center Valley, Lehigh County, Pennsylvania. 3. The Sheriff of Lehigh County, duly deputized by the Sheriff of Perry County for purposes of perfecting service, has indicated that Defendant Lucas could not be found at said last known address, and a Return of No Service has been filed of record by the Sheriff in this case. 4. Plaintiff has exhausted all reasonable and good faith efforts to locate and serve Defendant Lucas with the Complaint, including but not limited to a check of relevant telephone directories, an internet search, engagement of a commercial skip/trace service and/or contacts/attempted contacts with known relatives and an attorney who was counsel of record for Defendant Lucas in an earlier criminal case in another county. 5. Normal means of service have failed, and Plaintiff has no other service options to utilize, save service by publication. -2- WHEREFORE, Plaintiff respectfully request leave to serve Defendant Lucas with the Complaint by publication, in a newspaper of general circulation in Lehigh County, Pennsylvania, where he was last known to reside and where it is believed that some of his relatives still live. Respectfully submitted, By: Brigid . Alford, Es ire Supreme Court ID #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Date: to ` Attorneys for Plaintiff o ? 3 Brigid O. Alford, Esquire reme Court I D #38590 Su -o oo ?C7 . . p G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 y„ C 4 BOSWELL, TINTNER, PICCOLA & ALFORD c - 315 North Front Street ?' 3 Post Office Box 741 0741 PA 17108 H i b ? arr urg, - s (717) 236-9377 (Phone) ? (717) 236-9316 (Facsimile) = brigidalford®att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER, MARK MARTIN, individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS, and YVONNE MARTIN, Defendant COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA No. ao6s-8ti1 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set EXHIBIT 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 A NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notification y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAzR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Central Pennsylvania Legal Services 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW n rs A Mp ? ? rn o cs ? 3 CD cr, 4o n r o n r?. ACTION FOR DECLARATORY JUDGMENT Pursuant to Pa.R.C.P. No. 1601 et seq., Plaintiff, Nationwide Mutual Fire Insurance Company, through its attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Alford presents its Complaint for Declaratory Judgment as follows: The Parties 1. Plaintiff, Nationwide Mutual Fire Insurance Company (hereinafter "Nationwide") is an insurance company operating in the Commonwealth of Pennsylvania with an office located at 1000 Nationwide Drive, Harrisburg, Pennsylvania. 2. Defendant Joey Bieber is an adult individual with a last known residence address of 1827 Carlisle Street, Bethlehem, Pennsylvania. 3. Defendant Shaun M. Lucas is an adult individual with a last known residence address of 2631 Hartman Drive, Center Valley, Pennsylvania. 4. Defendant Mark Martin is an adult individual with a last known residence address of 1185 Flower Lane, Marysville, Pennsylvania. 5. Defendant Yvonne Martin is an adult individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania. 6. Defendant Jessica Martin is a minor individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania and/or 1185 Flower Lane, Marysville, Pennsylvania. 7. Defendants Mark Martin and Yvonne Martin are the parents and natural guardians of Defendant Jessica Martin. The Alleged Incident and Pending Litigation 8. In 1998, Defendant Joey Bieber operated a private day care business at her residence, then located at 308 East Smith Street, Topton, Pennsylvania. -2- 9. In 1998, Defendant Yvonne Martin hired Defendant Bieber to provide day care services to her minor daughter, Defendant Jessica Martin. 10. In 1998, Defendant Lucas was present as an occasional visitor in the Bieber residence, at the same time that Defendant Jessica Martin was a day care client there. 11. Defendants Mark Martin and Jessica Martin have since alleged that, while Jessica was at the Bieber residence, Defendant Lucas physically assaulted and molested Jessica. 12. Subsequently, Defendant Mark Martin, as father and natural guardian of Jessica Martin, commenced a civil action (hereinafter the "Lawsuit") against Shaun M. Lucas, Yvonne Martin, and Joey Bieber in the Berks County Court of Common Pleas. A true and correct copy of the Complaint is attached hereto as Exhibit A. 13. The Lawsuit alleges, inter alia, that minor Jessica Martin suffered various psychological injuries as a result of the alleged physical assault and molestation. 14. The Lawsuit is still pending. The Policy at Issue 15. At the time the alleged physical assault and molestation occurred, Defendant Bieber was insured under a policy of insurance (hereinafter the "Policy"), and Amendatory Endorsements thereto, issued by Nationwide Mutual Fire Insurance Company. True and correct copies of the Policy, Amendatory Endorsement 2630-13; Amendatory Endorsement 3358-A; and the Declarations Page for the relevant time period are attached hereto, made part hereof, and identified as Exhibits B, C, D, and E, respectively. -3- No Coverage or Duty to Defend or Indemnify Defendant Lucas 16. At the time of the alleged physical assault and molestation, Defendant Lucas was not a residence employee of Defendant Bieber in connection with her day care service. 17. At the time of the alleged physical assault and molestation, Defendant Lucas did not reside with Defendant Bieber. 18. At the time of the alleged physical assault and molestation, Defendant Lucas was not named as an insured under the Policy. 19. At no time relevant hereto was Defendant Lucas an "Insured" under the terms of the Policy. No Coverage or Duty to Defend or Indemnify Any Defendant as Alleged Physical Assault-and Molestation Did Not Cause Bodily Injury 19. The "Definitions" section of the Policy defines "Bodily Injury" as bodily harm, sickness or disease. 20. Defendants Mark Martin and Jessica Martin have not alleged that Jessica suffered bodily injury as a result of the alleged physical assault and molestation. No Coverage or Duty to Defend or Indemnify Any Defendant as Alleged Physical Assault and Molestation Did Not result From an Accident 21. Under the terms of the Policy and Amendatory Endorsement 3358-A, "Occurrence" means bodily injury or property damage resulting from an accident, including continuous or repeated exposure to the same general condition. 22. Defendants Mark Martin and Jessica Martin have not alleged that the alleged physical assault and molestation was the result of an accident. -4- No Coverage or Duty to Defend or Indemnify as Alleged Physical Assault and Molestation Was an Intentional or Criminal Act 23. Defendants Mark Martin and Jessica Martin have alleged losses resulting directly or indirectly from intentional or criminal acts. No Coverage or Duty to Defend or Indemnify Under Amendatory Endorsement 2630-B 24. Defendant Bieber intentionally concealed or misrepresented material facts or circumstances relative to the underlying claim, and/or has made false statements to Plaintiff relating to the alleged loss. No Coverage or Duty to Defend or Indemnify Under Applicable Policy Exclusions 25. The alleged physical assault and molestation, and the alleged resultant losses arose out of the business pursuits of Defendant Bieber. 26. The alleged physical assault and molestation, and the alleged resultant losses arose out of Defendant Bieber's professional liability as a day care provider. 27. The basis of the claims against Defendant Bieber in the pending litigation relate to liability she assumed under an unwritten contract or agreement to provide day care services for Jessica Martin. 28. The Policy excludes coverage for personal liability and medical payments relating to the claims raised as a result of the alleged physical assault and molestation. Existence of Actual Case or Controversy 29. An actual controversy as to policy coverage exists between Plaintiff and Defendants within the jurisdiction of this Court, to wit: the pending Lawsuit and claims for -5- the coverage, defense and indemnification of Defendant Bieber and/or Defendant Lucas. 30. Plaintiff requests that this Court determine the rights, status and other legal relations of the parties under the Nationwide Mutual Fire Insurance Company policy. WHEREFORE, Plaintiff, Nationwide Mutual Fire Insurance Company, respectfully requests that this Court adjudicate the rights, status and legal relations of the parties herein with respect to the liability insurance policy, and enter and Order: (a) declaring the Plaintiff is not obligated to provide coverage to, defense for, or indemnification of Defendant Bieber or Defendant Lucas, in connection with or related to the incidents described in the pending civil Complaint filed by Defendants Mark and Jessica Martin; (b) awarding counsel fees, interest and costs to the Plaintiff; (c) permitting Plaintiff to withdraw its defense of Defendant Bieber in the Lawsuit; and (d) awarding such further relief as may be appropriate. Respectfully submitted, By: -L -'2. ?U? - Brigid Q. Alford, Esq re Supreme Court I. D. 385910 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company Date: V,,.( (?s VERIFICATION I, William H. Mokel, Special Claims Representative of Nationwide Mutual Fire Insurance Company, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. U)SUVI ?lk-lgi William H. Mokel Date: 10, 11 I IN TIRE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA KIC MARTIN, Individually and as Parent : NO: 00-3320 Natural Guardian of JESSICA MARTIN Plaintiffs VS : CIVIL ACTION - LAW SHAUN M. LUCAS, YV ONNE MARTIN and IOEY BEMER Defendants : JURY TRLAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth against Du in the Pollowing.pages,youu_must_take..action within_twen y-(2D)- lays-:fter_this-Complaint- id Notice are served, by entering a written appearance personally or by attorney and filing in ritiag with the Court your defenses or objections to the claims set Forth against you: You are amed that if you fail to do so the case may proceed without you and a default judgment may be ttemd against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff' You may lose money or property or her rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT AIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY C ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT [AY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 0 FEE. Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 `'` EXHIBIT A VIS0 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desca defendersc de las ueja..s expuestas en las patinas si;uientes, debe tomar accion dentro de veinte (20) digs a partir e la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en ersona o por abo;ado y presentar en la Corte por escrito sus defensas o sus objeciones a las emandas en su contra. Se Ic avisa que si no se defiende, el caso puede procedcr sin usted y la Corte puedc ecidir cm su contra sin mas aviso o notificacion nor cualquier dinero reclamado en la demanda o or cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE ERDER DMRO, 0 PROPIEDADES U OTROS DEILCHOS IMPORTANTES PARR DEBERIA LLEVAR ESTE PAPEL A SU ABOGADO DE INMEDIATO. SI )STED NO TIENE UN ABOGADO 0 SI NO PUEDE PAGAR POR UNO, V.ALLA 0 .LAME A LA OFFICINA ESCRITA ABAJO P_ P-k AVERIGUAR DONDE PUEDE :NCONTRAR AYUDA LEGAL. ESTA OFICINA PUEDE PROVEERLE NFORMACION ACERCA DE CONTRATARA UN ABOGADO. SI USTED NO PUEDE )AGAR POP, UN ABOGADO, ESTA OFICINA PUEDE PROVEERLE INFORMACION ?CERCA DE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A UN COSTO LEDUCIDO 0 SIN COSTO PARk PERSONAS QUE SON CALIFICABLES. Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 641.1 rN THE- COURT OF COMMON PLEAS Or BERKS COUN*, Y, P=NNSYLvAN1A MARK MARTIN, Individually and as Parent : NO: 00-3320 and Natural Guardian of JESSICA MARTIN Plaintiffs VS : CIVIL ACTION - LAW SHAUN M. LUCAS, YVONNE MART 1N and JOEY BEMER Defendants : JURY TRL1_ DEMANDED COMPLAINT AND NOW, COME the Plaintiffs, Mark Marlin, Individually and as Parent and Natural Guardian of Jessica Martin by and through their atto^iey_s, John D._Btiggs,_Es1uire_alid Kathetman, Briggs & Greenberv, and respectfully aver ti:e following: 1. The Plaintiff, Mark Martin, individually and a; parent and natural guardian of Jessica Martin, is an adult individual residing at 1185 flower Lane, Marysville, Ptarsylvania 17053. 2. The Defendant, Shaun M. Lucas, is art adult individual with a last known address of 1 Ha.^.man D^ve, Cente:-valley, Pennsylvania 18034. 3. The Defendant, Yvonne Martin, is an adult individual with a last known address of 89 Juniper Drive, Coplay, Pennsylvania 18037. 4. The Defendant, Joey Beiber, is an adult individual with a !Zs" known address of 1827 slc Street, Bethlehem, Pennsylvania. 5. At all times material and relevant hereto, Yvonne Martin was the mother and also a an of minor Plaintiff, Jessica Martin, and was responsible for and made the decisions the supervision of Jessica Martin during times when primary custody of Jessica resided with Yvonne Martin. 00I4054.1 6. At all times material and relevant hereto, Yvonne Martin re.-ularly employed and retained Joey Beiber to serve as a babysitter for Jessica Martin. 7. At all times material and relevant liereto, Defendant, Shaun M. Lucas frequently stayed with Joey Beiber at the residence where Ms. Beiber babysat minor Plaintiff, Jessica Martin. 8. From approximately the fall of 1997 through the spring of 1998, Defendant, Yvenr,e Martin, retained and employed Defendant, Joey Beiber, for the purposes of babysitting minor Plainti ff, Jessica Martin, and did leave minor Plaintiff, Jessica Martin, in the care and custody of Defendant, Jo Beiber. 9. On occasions between January and March 1998, after Defendant, Yvonne Martin, left i ,minor Plaintiff, Jessica Martin; in the custody and care o .--Defendant, Joey Beiber, Defendant, i Joey Beiber, did iln fact leave her residence, and leave minor Plainlir, Jessica Martin, in the Icustody and care of Defendant, Shaun M. Lucas. 10. Plaintiff, Ivi,,-,k Martin, never consented nor, agreed to any of the babysitting ents set forth herein. 11. Yvonne Martin never consented nor agreed to the ]caving of her children with Shaun . Lucas. 12. Between January and March of 1998, while alone with minor Plaintiff, Jessica artin, as aforesaid, Defendant, Shaun M. Lucas, physically assaulted and molested minor Jessica Martin. 13. As a result of the incident, the minor Plaintiff sustained ormay sustain the following: (a) Past and future pain, suffering, embarrassment, humiliation, emotional 54.1 -2- distress, mental anxiety, and psychological injury; (b) Past and future loss of life's pleasur--s and enjoyments; (c) Past and future incidental losses; (d) ruttue loss oEeatnings and impairment of earning capacity; and (e) Past and future psychological and psychiatric treatment, as well as past and future expenses for the same. 14. As a result of the aforesaid incident, Plaintiff, Marl: Martin, has sustained and may sustain reasonable and necessary medical and other expenses through the time of the minor hick -datnages_are-hereir.-cl ai 15. Plaintiff, Mark Martin, became aware of the aforesaid actions of Shaun M. Lucas in approximately late April 1998. COUNTI MARK MARTIN. Individually and as Parent and Natural Guardian of JESSICA NLARTIN V. SHAUN M. LUCAS ASSAULT 16. The preceding paragraphs of this Complaint arc incorporated herein by reference thereto as though set forth in full. 17. Defendant, Shaun M. Lucas' actions as described above were intended by Defendant, M. Lucas, to put the minor Plaintiff into a reasonable apprehension of great and irnmediatc cal harm and did, in fact, cause such apprehension in the minor Plaintiff. 18. As a direct and proximate result of the aforesaid assault, the Plaintiff did sustain the injuries as described above, all for which damages are herein claimed, WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian -3- ofJessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT H MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUCAS BATTERY 19. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in full. 20. Defendant, Shaun M. Lucas', conduct as described above constitutes a battery upon the minor Plaintiff, as Defendant, Shaun M. Lucas, did impermissibly touch and molest the minor Plaintiff. 21. As a direct and proximate result of the said battery, the Plaintiff sustained the personal injuries as described above. WHEREFORE, PlaintiL Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT III MARK MARTIN, Individuallv and as Parent and Natural Guardian of-JESSICA MARTIN V. SHAUN M. LUCAS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 22. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. -4- 23. The assault and battery of the minor Plaintiff as described above constituted extreme and outrageous conduct on the part of Defendant, Shaun M. Lucas, which was intentional conduct by Defendant, Shaun M. Lucas, designed to cause emotional distress to the minor Plaintiff. 24. The aforesaid conduct by Defendant, Shaun M. Lucas, did, in fact, cause severe emotional distress to the minor Plaintiff as wel l as psychological trauma, all for which damages are herein claimed. WHERE FORE, Plaintiff Mark Martin, Individually and as Parent and Natural Guardian of Jessica damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT TV MARK MARTIN. Individually and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUC,S PUNITIVE DAMAGES 25. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in fuII. 26. The conduct oCDefendant, Shaun M. Lucas, as described above was intentional and conduct in blatant disregard for human life and the rights of the Plaintiffs, which es the Plaintiffs to recovery of punitive damages. INIUREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory in an amount in excess of 550,000, together with interest, costs of suit and delay 54.1 -5- damages. COUNT V MARK MARTIN. Individually rind as Parent and Natural Guardian of JESSICA MARTIN V. JOEY BEIBER NEGLIGENCE 27. The preceding paragraphs of this Complaint are incorporated hercin by reference thereto as though set forth in full. 28. The incident and the resulting damages to the plaintiffs were substantially caused by the negligence of Defendant, Joey Beiber, and were in no way caused by any act or failure to art on the part of the Plaintiffs. 29. Defendant, Joey Beiber's, negligence, carelessness and recklessness includes, but is not limited to, the following: (a) Failing to properly supervise Shaun M. Lucas; (b) Allowing Shaun M. Lucas to molest the minor Plaintiff; (c) Allowing Shaun M. Lucas to remain with the kninor PlaintifFwithout the presence of an adult; (d) Failing to properly investigate the background and propensities of Defendant, Shaun M. Lucas; (e) Failing to properly supervise and babysit the minor Plaintiff; and (f) Entrusting the care of the minor Plaintiff to Shaun M. Lucas. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory in an amount in excess of $50,000, together with interest, costs of suit and delay -6- damages, COUNT VT MARK MARTIN, Individually and as Parent and Natural Guardian of JESSTCA MARTIN V. JOEY BETBER PUNITIVE DAMAGES 30. The preceding paragraphs of this Complaint arc incorporated herein by reference thereto as though set forth in full. 31. The conduct of Defendant, Jocy Beiber, as described above was intentional and outra;eous conduct in blatant disregard for human !ife q.-,d the rights of the Plaintiffs, which entitles the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, Individually and as Patent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. Respectfully submitted, KATrMRMAN, BRIGGS & GREENBERG, LLP By. , °1 r Evan J. 1i e, Esquire Katherman, Briggs & Greenberg, LLP I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 -7- V ERIFIC A,ri O N I verify that the foregoing facts are true upon my personal knowledge, information and belief. This verification is made subject to the penalties of IS Pa. C.S. Section 4904, relating to unswom falsification to authorities. 11,7 `7, = g- L/ ated: IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA CIVIL DTVIS[ON PARK MARTIN, Individually and as Parent an : NO: 00-3320 atural Guardian of JESSICA MARTIN Plaintiffs vs. FIAUN M. LUCAS, YVONNE MARTEN and : CIVIL ACTION - LAW OEY BEISER Defcndants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICF I hereby certify that I have this date mailed a copy of a Noticc of Deposition directed to i n,_in_the-abov_e-matter-,.-as-sct_forlli_b el ow_b-y-fLrst_class-United-S )osta;e to the followin;: Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Jill R. Snydcr. Esquire 100 Brodhead Road, Suitc 150 Bethlchern, PA 18017-8935 Yvonne Martin ?389 Juniper Drive Coplay, PA 18037 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG By: 6116104 Evan ne, Esquire Attomey I.D. 470253 7 East Market Street York, PA 17401 (717) 848-3838 Attorney for Plaintiffs This Policy contains exclusions, limitations, and conditions of coverage. Please rand your policy carefully. Protecting your home and possessions against loss from Fire, Windstorm, Theft and other perils ... plus claims arising from Legal Liability. E EXHIBIT ELITE I. HOMEOWNERS POLICY Homeowners insurance protection you can count on in a policy you can understand. You now have a different kind of insurance policy. One that's readable, understandable, straightforward. We believe you have purchased the best in Homeowners insurance protection-backed by the best in policyholder service. Our pledge is to keep it that way. Should you have a loss-and we hope you don't-please call us at once. Call the toll free number shown on the Declarations. Otherwise, please call your agent, sales representative, or any local claims office. Our claims service starts then. Please take a few minutes to read your new policy. It's most important that you know how you are protected. Should you have any questions about this policy-or any part of your insurance program-your agent or sales representative will welcome your call any time. Thank you for relying on Nationwide. YGUR GulGE 1-1 RCTET, i G N DEFINITIONS Page KEY POLICY WORDS ................................. ........... 2 SECTION I-PROPERTY COVERAGES: Dwelling .................................... . ............. 3 Other Structures .............................. ................. 3 Personal Property ............................ .................. 3 Loss of Use .................................. ................. 4 OTHER COVERAGES ............................ .......... 5 PERILS INSURED AGAINST ..................... ................. 6 Dwelling and Other Structures .................. ................. 6 Personal Property ............................. ....... :.... .... 6 EXCLUSIONS ................................... ................. 8 CONDITIONS ................................... ............ 8 OPTIONS ....................................... ................. 10 SECTION II-LIABILITY COVERAGES: Personal Liability ............................. ................. 12 Medical Payments to Others .................... ................. 13 EXCLUSIONS ................................... ................. 13 ADDITIONAL COVERAGES ...................... ................. 14 CONDITIONS ................................... .................. 15 SECTIONS I AND II GENERAL POLICY CONDITIONS ................. ................. 16 OPTIONS ....................................... ................. 17 MUTUAL POLICY CONDITIONS Membership in this Company ........................ ................ 18 Nationwide Mutual. Fire Insurance Company/Home Office: One Nationwide Plaza, Columbus, Ohio 43215-2220 Fire 2502 (2-04) Nationwide's Homeo . wners Policy We will provide the insurance described in this policy, which includes the Declarations, in return for the premium and compliance with all policy provisions. QEFI IT 101?IJ "You" and "your" refer to the named insured shown in this policy, and the spouse who lives in the same household. "We", "us", and "our" refer to the company. Certain words and phrases are defined as follows: 1. "Bodily Injury" means bodily harm, sickness or disease, including resulting care, loss of services and death. 2. "Business" includes trade, profession, or occupation. An office, school, studio, barber or beauty shop of an insured on the residence premises is not a business if its occupancy is described in the policy. 3. "Insured" means you and the following who live in your household: a. your relatives. b. any other person under age 21 and in the care of you or your relatives. Under Section II, "insured" also means: c. with respect to covered animals or watercraft, a person or entity legally responsible for them. They must be owned by an insured. A person or entity using or having custody of these animals or watercraft in the course of a business, or without permission of the owner, is not an insured. d. with respect to a covered vehicle, a person while engaged in your employment or that of an insured. 4. "Insured location" means: a. the residence premises. b. the part of any other premises, structures, and grounds used by you as a residence and shown in the policy; also any of these acquired by you during the policy period for your use as a residence. c. a premises you use with premises defined in 4a or 4b. d. a part of a premises, not owned by an insured, where an insured is temporarily living. e. vacant land, other than farm land, owned by or rented to an insured. f. land, other than farm land, owned by or rented to an insured on which a one- or two-family dwelling is being built as a residence for an insured. g. cemetery plots or burial vaults of an insured. h. a part of a premises rented on occasion to an insured for purposes other than business. Includes copyrighted material of Insurance Services Office. with its permission. Copyright. Insurance Services Office. 1975. 1977. 2 (Attach Declarations and Endorsements Here) 5. "Motor vehicle" means: a. a motorized land vehicle including motorized bicycles or mopeds designed for travel on public roads or subject to motor vehicle registration. A vehicle in dead storage on an insured location is not a motor vehicle. b. a trailer or semi-trailer designed for travel on public roads and subject to motor vehicle registration. c. a motorized golf cart, snowmobile or other motorized land vehicle owned by an insured and designed for recreational use off public roads, while off an insured location. A motorized golf cart while being operated to or from, or on the premises of a golf course is not a motor vehicle. d. any vehicle while being towed by or carried on a vehicle defined in 5a, 5b or 5c. 6. "Property damage" means physical injury to or destruction of tangible property. This includes resulting loss of its use. 7. "Residence employee" means an employee of an insured who performs duties in connection with maintenance or use of the residence premises. This includes household or domestic services or similar duties. elsewhere not in connection with the business of an insured. 8. "Residence premises" means the one- or two-family dwelling, other structures and grounds: or that part of any other building where you live, shown as the residence premises on the Declarations. 9. "Occurrence" means bodily injury or property damage resulting from: a. one accident; or b. continuous or repeated exposure to the same general condition. 10. "Aircraft" means any machine or device capable of atmospheric flight, except models. SECTION 1-PROPERTY COVERAGES COVERAGE A-DWELLING We cover: a. the dwelling on the residence premises shown on the Declarations and mainly used as a private residence. including attached structures and attached wall-to-wall carpeting. b. materials or supplies on or adjacent to the residence premises for use in construction. alteration or repair of: (1) the dwelling; or (2) other insured structures on the residence premises. COVERAGE B-OTHER STRUCTURES We cover other structures on the residence premises. They must be separated from the dwelling by clear space. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered other structures. The limit of liability for this coverage is stated on the Declarations. We do not cover other structures: a. used in whole or in part for business purposes. b. rented or held for rental to anyone, unless used solely as a private garage. COVERAGE C-PERSONAL PROPERTY We cover personal property owned or used by an insured at the residence premises. At your request, we will cover personal property owned by others. It must be on the part of the residence premises occupied by an insured. We will also cover, at your request, personal property owned by a guest or residence employee. This applies only in a residence occupied by an insured. Our limit of liability for personal property while away from the residence premises is 10 percent of the limit of liability for Coverage C or $1000, whichever is greater. Personal property in transit to, or in, a newly acquired principal residence is not subject to this limit for 30 days. The 30 days start right after you begin to move the property. This limit does not apply to: personal property removed from the residence premises due to covered loss. SPECIAL LIMITS OF LIABILITY. The special limit, shown on the Declarations for each numbered category, is the total limit for each occurrence for all property in that category. They do not increase the personal property limits of liability. The following special limit categories apply only to theft losses of: 1. jewelry, watches, furs, and precious and semi-precious stones. 2. cameras, including accessories. 3. guns. including accessories. 4. tools (this limit does hot apply to lawn and garden tools). 5. silverware, silver-plated ware, goldware. gold-plated ware, and pewterware. The following special limit categories apply to all covered losses of: 6. money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum, coins and medals. 7. securities, accounts, bills, deeds, documents, evidences of debt, letters of credit, notes other than bank notes, passports, stamps, and tickets. 8. watercraft including their trailers. furnishings, equipment, and outboard motors. 9. trailers not used with watercraft. 10. manuscripts. 11, computers, including hardware and software accessories. 12. business property. PROPERTY NOT COVERED. We do not cover: 1. articles separately described and specifically insured in this or any other insurance. 2. animals while away from the residence premises. 3. house trailers. 4. motor vehicles, except trailers and those used to service an insured's residence which are not licensed for road use. 5. accessory equipment while mounted on, attached to, in or on a motorized land vehicle, whether furnished by the manufacturer or an individual. Tapes or similar items in or on a motorized land vehicle shall not be considered accessory equipment. 6. aircraft and parts. 7. property of roomers, boarders, and other tenants. This does not include property of roomers and boarders related to an insured. 8. property in an apartment regularly rented or held for rental to others by an insured. 9. property rented or held for rental to others away from the residence premises. 10. business property away from the residence premises. COVERAGE D-LOSS OF USE The coverage limit is the total limit for all of the following: 1. Additional Living Expense. If a covered loss requires you to leave the residence premises, we cover the required increase in living expenses you incur to maintain your normal standard of living. Payment will be for the shortest time required to repair or replace the premises: or, if you permanently relocate, for the shortest time required for your household to settle elsewhere. This period of time is not limited by the end of this policy term; and 2. Fair Rental Value. If a loss covered under this section requires occupants to leave that part of the residence premises rented to others or held for rental, we cover its fair rental value. Payment will be for the shortest time required to repair or replace this part of the premises. This does not include expense that does not continue while the part of the residence premises is uninhabitable. This period of time is not limited by the end of this policy term; and 3. Prohibited Use. A civil authority may prohibit your use of the residence premises because of direct damage to neighboring premises by a peril insured against in this policy. We cover the resulting Additional Living Expense and Fair Rental Value loss for up to two weeks while use is prohibited. We do not cover loss or expense due to cancellation of a lease or agreement. No deductible applies to this coverage. 4 SECTION !-OTHER COVERAGES 1. Debris Removal. We will pay reasonable expense you incur removing debris of covered property, if the peril causing the loss is covered. An additional 5 percent of the limit of liability for the damaged property will be available when the amount payable for the property loss plus the debris removal exceeds the limit of liability. 2. Reasonable Repairs. We will pay reasonable cost you incur for necessary repairs made solely to protect covered property from further damage, if the peril causing the loss is covered. This expense is included in the limit of liability applying to the damaged property. 3. Trees, Shrubs, Plants, and Lawns. We cover trees, shrubs, plants. or lawns on the residence premises for loss caused by the following perils: fire and lightning, explosion, riot or civil commotion. aircraft, vehicles not owned or operated by a resident of the residence premises, vandalism or malicious mischief, collapse of a building. or theft. Liability is limited to 5 percent of the limit of liability that applies to the dwelling for all trees. shrubs. plants, and lawns. It is limited to $500 for one tree, shrub, or plant. This coverage may increase the limit of liability. We do not cover property grown for business purposes. 4. Fire Department Service Charge. (Not applicable in Arizona.) We will pay up to the amount stated on the Declarations your liability under contract or agreement for customary fire department charges. This applies when the charges result from the fire department being called to save or protect covered property from a covered peril. No deductible applies to this coverage. 5. Property Removed. This applies to covered property in danger from a covered peril for direct-loss from any cause. The property is covered while being removed and for 30 days while removed. This does not change the coverage limit. 6. Credit Card, Electronic Fund Transfer Card and Forgery Coverage. We will pay up to the amount stated on the Declarations for: a. the legal obligation of an insured to pay because of theft or unauthorized use of credit cards (including Electronic Fund Transfer Cards) issued to or registered in an insured's name. However, we do not cover use by a resident of your household, a person entrusted with the credit card (Electronic Fund Transfer Card), or any person if an insured has not complied with all terms and conditions under which the credit card (Electronic Fund Transfer Card) is issued. b. loss to an insured caused by forgery or alteration of a check or negotiable instrument. c. loss to an insured through good faith acceptance of counterfeit United States or Canadian paper currency. We do not cover loss arising out of business pursuits, or dishonesty of any insured. No deductible applies to this coverage. Defense: We may make any investigation and settle any claim or suit as we decide is appropriate. Our obligation to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. If a claim is made or a suit is brought against an insured for liability under the Credit Card, Electronic Fund Transfer Card and Forgery Coverage, we will provide defense at our expense by counsel of our choice. We may defend at our expense an insured or an insured's bank against a suit for the enforcement of payment under the forgery coverage. 7. Inflation Protection Coverage. If the Declarations show this coverage applies, we will adjust the limit of liability on the Declarations for Section I-Coverages. The limit of liability will change as the appropriate index, shown on the Declarations, changes. We will compare the latest available index to the index as of the effective date of this policy. We will adjust the limit of liability by the percentage change in the index. It is further ,creed that the premium for this policy at the next anniversary date shall be for the adjusted limits of liability. If you request a change in the dwelling limit of liability, the effective date of this coverage will be amended to be the effective date of that change. This coverage will not reduce our limit of liability during the current policy term below that for which premium was paid. 8. Consequential Loss. We cover insured personal property in a building at the residence premises for loss due to temperature change resulting from power interruption. There must be damage to the residence premises caused by a covered peril. If a covered peril causes a power interruption, off the residence premises, we will pay up to 6500 for loss of food in a freezer due to temperature changes. 9. Lock Replacement. We will pay up to $100 to replace the exterior door locks on your residence premises with deadbolt locks. This coverage applies only if the keys to your residence premises are stolen. No deductible applies to this coverage. SECTION I-PERILS INSURED AGAINST COVERAGE A-DWELLING AND COVERAGE B-OTHER STRUCTURES We cover direct physical loss to property described in Coverages A and B except that caused by: 1. losses excluded under Section I-Exclusions. 2. freezing of a plumbing, heating or air conditioning system or of a household appliance. or by discharge. leakage or.overflow from within the system or appliance caused by freezing, while the dwelling is vacant, unoccupied or being constructed unless you have used reasonable care to: a. maintain heat in the building: or b. shut off the water supply: and c. drain the system and appliances of water. 3. theft in or to a dwelling under construction. or of materials and supplies for use in the construction until the dwelling is completed and occupied. 4. vandalism and malicious mischief or breakage of glass and safety glazing materials if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. 5. continuous or repeated seepage or leakage of water or steam over a period of time from within a plumbing, heating or air conditioning system or from within a household appliance. 6. wear and tear: marring; deterioration; inherent vice; latent defect; mechanical breakdown: rust; mold: wet or dry rot; contamination; smog; smoke from agricultural smudging or industrial operations; settling, cracking, shrinking, bulging, or expansion of pavements. patios, foundations, walls, floors. roofs or ceilings; birds. vermin, rodents, insects or domestic animals. If any of these cause water to escape from a plumbing, heating or air conditioning system or household appliance, we cover loss caused by the water. We also cover the cost of tearing out and replacing any part of a building necessary to repair the system or appliance. We do not cover loss to the system or appliance from which this water escaped. 7, freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to: a. fences, pavements, patios. b. swimming pools, foundations. retaining walls. c. bulkheads, piers, wharves, or docks. Under items 2 thru 7, any ensuing loss not excluded is covered. COVERAGE C-PERSONAL PROPERTY We cover direct physical loss to property described in Coverage C caused by: 1. fire and lightning. windstorm or hail. Direct loss caused by rain, snow, sleet, sand, or dust driven through roof or wall openings made by direct action of wind, hail, or other insured peril is covered. This peril includes loss to: a. rowboats and canoes inside or outside a building. b. other watercraft and their trailers, furnishings, equipment, and outboard motors, while inside a fully enclosed building. 3. explosion. 4. riot or civil commotion. 5. aircraft. missiles propelled and spacecraft. 6 6. vehicles. 7. sudden and accidental damage from smoke. This does not include loss due to smoke from farm or industrial operations. 8. vandalism or malicious mischief. This peril does not include loss to property on the residence premises if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered %-acant. 9. theft, including attempted theft. Loss of property from a known location when it is likely the property was stolen is covered. Loss of precious or semi-precious stones from their settings are not covered. This peril does not include loss caused by theft: a. committed by an insured. b. in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is completed and occupied. c. of money, securities, stamps, jewelry, watches. gems, articles of gold, silver, or platinum from any part of a residence premises usually occupied solely by an insured while rented to other than an- insured. This peril does not include loss caused by theft that occurs away from the residence premises of: a. property while at any other residence owned by, rented to, or occupied by an insured, except while an insured is temporarily living there. Property of an insured student is covered at a residence away from home if the student has been there within 45 days prior to the loss. b. trailers and campers. c. watercraft, including its furnishings, equipment. and outboard motors. 10. falling objects. This peril does not include loss to: a. property in a building, unless the roof or an exterior wall of the building is first damaged by a falling object. b. the falling object itself. 11. weight of ice, snow, or sleet. 12. collapse of a building or any part of a building. Collapse does not include settling, cracking, shrinking. bulging or expansion. 13. accidental discharge or overflow of water or steam from within a plumbing, heating, or air conditioning system or from within a household appliance. This peril does not include loss: a. due to continuous or repeated seepage or leakage. b. on the residence premises if the dwelling is vacant or unoccupied, unless you have used reasonable care to maintain heat in the building or have shut off the water supply and drained the system and appliances of water. c. to the system or appliance from which the water or steam escaped. 14. accidental electrical damage to electrical appliances, devices, fixtures, and wiring. This peril does not include loss to transistors and tubes, including picture tubes. 15. sudden and accidental tearing apart, cracking, bursting or bulging of: a. a steam or hot water heating system; b. an air conditioning system; or c. an appliance for heating water. Freezing is not covered under this peril. 16. freezing of a plumbing, heating or air conditioning system or of a household appliance. This peril does not include loss on the residence premises while unoccupied or vacant unless you have used reason- able care to: a. maintain heat in the building; or b. shut off the water supply; and c. drain the system and appliances of water. 7 SECTION I-EXCLUSIONS We do not cover loss resulting directly or indirectly from: 1. earth movement and volcanic eruption. Earth movement means: earthquake; landslide; mudslide; earth shifting, rising or sinking. Volcanic eruption means: eruption: explosion; or discharge from a volcano. Resulting direct loss by fire, explosion, theft or breakage of glass which is part of the building is covered. 2. water damage, meaning: a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from these, whether or not driven by wind. b. water which backs up through sewers or drains. c. water below the surface of the ground. including water which exerts pressure on, seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool, or other structure. Resulting direct loss by fire, explosion, or theft is covered. 3. neglect of the insured to use all reasonable means to save and preserve property at and after the time of a loss, or when property is endangered by a covered peril. 4. war or warlike acts. This includes insurrection, rebellion or revolution. Discharge of a nuclear weapon is a warlike act, even if accidental. 5. nuclear hazard, to the extent set forth in the Nuclear Hazard Clause of Section I-Conditions. 6. anv loss occurring while the hazard is increased by a means within the control or knowledge of an insured. 7. intentional acts meaning a loss resulting from an act committed by or at the direction of an insured if there is intent to cause a loss. Such an act excludes coverage for all insureds. 8. ordinance or law, meaning enforcement of any ordinance or law regulating the construction. repair. or demolition of a building or other structure. SECTION I-CONDITIONS 1. Insurable Interest and Limit of Liability. Even if more than one person has an interest in the property covered, we will not be liable: a. to the insured for more than the insured's interest. b. for more than the limit of liability. 2. Your Duties after Loss. In case of a loss, you must: a. give immediate notice to us or our agent: in case of theft also to the police. In case of loss under the credit card coverage, also notify the credit card (Electronic Fund Transfer Card) company. b. protect the property from further damage. You must make repairs required to protect the property; also, keep a record of repair expenses. c. prepare a list of damaged personal property showing in detail the quantity, description, actual cash value, and amount of loss. Attach all bills and receipts that support the figures. d. as often as we reasonably require: (1) exhibit the damaged property: (2) submit to an examination under oath; and (3) provide records and documents we request and permit us to make copies. e. submit to us. within 60 days after we request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) the time and cause of loss. (2) interest of the insured and all others in the property involved and all liens on the property. (3) other insurance that may cover the loss. 8 (4) changes in title or occupancy of the property during the term of the policy. (5) detailed estimates for repair of damage. (6) a list of damaged personal property described in 2c. (7) receipts for additional living expenses and records supporting the fair rental value loss. (8) evidence or affidavit supporting a claim under the Credit Card. Electronic Fund Transfer Card and Forgery Coverage. It should state the amount and cause of loss. 3. Loss Settlement. Covered losses are settled. up to the limit of liability applicable. as follows: a. personal property and structures that are not buildings. b. carpeting and cloth awnings. c. outdoor antennas, whether or not attached to the building. d. home appliances; unless built in as part of the dwelling; at actual cash value at the time of loss, up to the amount needed to repair or replace. e. buildings in Coverage A or B at replacement cost without deduction for depreciation. subject to the following: (1) When the cost to repair or replace the damage is more than 51000 or more than 5 percent of the amount of insurance in this policy on the building, whichever is less. we will pay no more than the actual cash value of the damage until repair or replacement is made. (2) You may claim loss or damage to buildings on an actual cash value basis. You may make claim within 180 days after loss for any added loss on a replacement cost basis. 4. Loss to a Pair or Set. In case of loss to a pair or set we may elect to: a. repair or replace a part to restore the pair or set to its value before the loss: or b. pay the difference between actual cash value of the property before and after the loss. 5. Appraisal. If you and we fail to agree on the amount of loss, either can demand that the amount be set by appraisal. If either makes a written demand for appraisal, each will select a competent. independent appraiser and notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers will then select a competent, impartial umpire. If the two appraisers cannot agree on an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire. The appraisers will then set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If the appraisers fail to agree within a reasonable time, they will submit their differences to the umpire. Written agreement signed by any two of these three will set the amount of the loss. Each appraiser will be paid by the party selecting that appraiser. Other expenses of the appraisal and the compensation of the umpire will be paid equally by you and us. 6. Other Insurance. If a loss covered by this policy is also covered by other insurance, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss. 7. Suit Against Us. No action can be brought unless there has been compliance with the policy provisions and the action is started within one year after the date of loss or damage. 8. Our Option. If we give you written notice within 30 days after we receive your signed, sworn proof of loss-we may repair or replace any part of the property damaged with equivalent property. 9. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy to receive payment. Payment will be made within 60 days after we receive your proof of loss and: a. reach agreement with you: or b. there is an entry of a final judgment; or c. there is a filing of an appraisal award with us. 0. Abandonment of Property. We need not accept property abandoned by an insured. 9 11. Mortgage Clause. The word "mortgagee" includes trustee. If a mortgagee is named in this policy, a loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order or precedence of the mortgages. If we deny your claim, that denial will not apply to a valid claim of the mortgagee, if the mortgagee: a. notifies us of change in ownership, occupancy, or substantial change in risk of which the mortgagee is aware. b. pays premium due under this policy on demand, if you have neglected to pay the premium. c. submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so. Policy conditions relating to Your Duties After Loss, Appraisal. Suit Against Us. and Loss Payment apply to the mortgagee. If we cancel the policy, the mortgagee will be notified at least 10 days before the cancellation takes effect. If we pay the mortgagee for a loss and deny payment to you: a. we are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or b. at our option, we may pay to the mortgagee the whole principal on the mortgage plus accrued interest. In this event, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim. 12. No Benefit to Bailee. This insurance does not benefit a person or organization that is caring for or handling your property for a fee. 13. Nuclear Hazard Clause. "Nuclear Hazard" means any nuclear reaction, radiation, or radioactive contamination. all whether controlled or uncontrolled or however caused, or a consequence of any of these. Loss caused by the nuclear hazard will not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the covered perils in Section I. This policy does not apply under Section I to loss caused directly or indirectly by nuclear hazard, except direct loss by fire resulting from the nuclear hazard. 14. Cellar and Foundation Clause (Ohio only). You may apply up to 10 percent of the limit of liability applicable to the dwelling to cover cellar or foundation walls. 15. Glass Replacement. We will replace covered glass using safety glazing materials when required by ordinance or law. SECTION I-OPTIOINS The following options apply only if they are indicated on the Declarations. They are subject to all provisions of this policy. Option A. The coverage for jewelry, watches and furs is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown. (2) gradual deterioration, inherent vice. (3) insects or vermin. (4) losses excluded under Section I-Exclusions. Option B. The coverage for guns, including accessories is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) insects or vermin. (3) refinishing, renovating or repairing. (4) dampness or temperature extremes, rust, fouling or explosion. (5) inherent defect or faulty manufacture. (6) breakage, marring, scratching, tearing, or denting; unless caused by fire, thieves or vehicular accident. (7) losses excluded under Section I-Exclusions. 10 Option C. The coverage for cameras, including accessories is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) renovating or repairing, rust, dampness or temperature extremes. (3) inherent defect or faulty manufacture, insects or vermin. (4) breakage, marring, scratching, tearing, or denting: unless caused by fire. thieves or vehicular accident. (5) losses excluded under Section I-Exclusions. The limits of liability for property covered by Option A, B or C are amended as follows: The option's limit of liability is shown on the Declarations. Other than loss by theft, it is in addition to the Personal Property limit of liability for losses by a Personal Property Peril Insured Against. It is the total limit, with a $1000 maximum limit for any one item, for loss by: a. theft: or b. a covered peril other than the Personal Property Perils Insured Against. Option D. The coverage and limits of liability for silverware, silver-plated ware, goldware, gold-plated ware and pewterware is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) renovating or repairing, rust, dampness or temperature extremes. (3) inherent defect or faulty manufacture, insects or vermin. (4) breakage, marring, scratching.. or denting: unless caused by fire, thieves or vehicular accident. (5) losses excluded under Section I-Exclusions. This option's limit of liability is shown on the Declarations. Other than loss by theft, it is in addition to the Personal Property limit of liability for losses by a Personal Property Peril Insured Against. It is the total limit for loss bv: a. theft: or b. a covered peril other than the Personal Property Perils Insured Against. Option E. The special limit of liability applying to tools is increased to the amount shown on the Declarations. Option F. The special limit of liability on money, bank notes, bullion. gold (other than goldware), silver (other than silverware), platinum, coins and medals is increased to the amount shown on the Declarations. Option G. The special limit of liability on securities, accounts, bills, deeds, documents. evidences of debt, letters of credit, notes other than bank notes, passports, stamps, and tickets is increased to the amount shown on the Declarations. Option H. The special limit of liability on computers. including hardware and software accessories is increased to the amount shown on the Declarations. Option I. Extended Replacement Cost Coverage. Loss to the following property shall be settled at replacement cost or the full cost of repair without deduction for depreciation: (1) property covered under Coverage C-Personal Property. (2) outdoor antennas, carpeting, home appliances, and awnings. "Replacement Cost" means the cost, at the time of loss, of a new article identical to the one damaged or stolen. When the identical article is no longer available, replacement cost shall mean the cost of a new article similar to that damaged or stolen. It must be of comparable quality and usefulness. Our liability for loss under this coverage shall not exceed the smallest-of the following amounts: (1) replacement cost at time of loss. (2) full cost of repair. (3) 400 percent of actual cash value at time of loss. 11 (4) any special limits of liability described in the policy or attached endorsements. (5) our cost to repair or replace any part of the damaged or stolen property with equivalent property. You may elect not to repair or replace some or all of the damaged or stolen property. You may also elect not to have us repair or replace some or all of the damaged or stolen property. Settlement will be based on actual cash value for those items. If you later decide to repair or replace those items of damaged or stolen property, you may make an additional claim within 180 days after the loss for the difference between the items' actual cash value and the amount payable if repaired or replaced. This coverage does not apply to: (1) manuscripts, antiques, or fine arts which by their inherent nature cannot be replaced with new articles. (2) memorabilia, souvenirs, collectors' items, and other items whose age and history contribute substantially to their value. (3) property not maintained in good or workable order. (4) property which is obsolete or useless to you at time of loss. The actual cash value provisions of this policy apply to the preceding items 1 thru 4. This option does not increase this policy's limit of liability. Option J. Replacement Cost Guarantee (Dwelling). "'hen a loss covered by this policy occurs, we will pay the lesser of: (1) the full replacement cost of the dwelling in which you live, described in your policy, for equivalent construction and use on the same premises; or (2) the amount actually and necessarily spent to repair or replace such dwelling. This is regardless of the policy limits in effect on the date of loss: subject to applicable deductibles and the following special conditions: SPECIAL CONDITIONS You must: (1) insure the dwelling in which you live, described in your policy, to 100 percent of its replacement cost: and (2) accept annual adjustments in the dwelling coverage limit of liability due to the Inflation Protection Coverage: pay the premium charged; and (3) notify us within 90 days of the start of any physical improvements or additions which increase the value of your dwelling by 55000 or more, and pay any additional premium due. You must comply with these special conditions; or, we will pay no more than the policy limits in effect on the date of loss, less applicable deductibles. This guarantee applies only to the dwelling insured under this policy identified as location N1. Option K. The special limit of liability on business property is increased to the amount shown on the Declarations. Option L. Protective Device Credit. For a premium credit, we acknowledge the installation of qualified protection devices on the residence premises. You agree to: 11) maintain these devices in working order: and (2) notify us promptly, of any changes made in the devices or if they are removed. SECTION 11-LIABILITY COVERAGES COVERAGE E-PERSONAL LIABILITY We will pay damages the insured is legally obligated to pay due to an occurrence. We will provide a defense at our expense by counsel of our choice. We may investigate and settle any claim or suit. Our duty to defend a claim or suit ends when the amount we pay for damages equals our limit of liability. 12 COVERAGE P-MEDICAL PAYMENTS TO OTHERS We will pay the necessary medical and funeral expenses incurred within three years after an accident causing bodily injury. This coverage does not apply to you. It does not apply to regular residents of Your household. It does apply to residence employees. This coverage applies to others as follows: a. to a person on the insured location with the consent of an insured. b. to a person off the insured location, if the bodily injury: (1) arises out of a condition in the insured location. (2) is caused by the activities of an insured. (3) is caused by a residence employee of an insured. (4) is caused by an animal owned by or in the care of an insured. SECTION H-EXCLUSIONS 1. Coverage E-Personal Liability, and Coverage F-Medical Payments to Others do not apply Co bodily injury or property damage: a. which is expected or intended by the insured. This exclusion does not apply to corporal punishment of pupils. b. arising out of business pursuits of an insured, or the rental or holding for rental of any part of any premises by an insured. Exceptions, if any, are noted on the Declarations. This exclusion does not apply to: (1) activities normally considered non-business. (2) the rental or holding for rental of a residence of-vours: (a) on an occasional basis for the exclusive use as a residence. N in part, unless intended for use as a residence by more than two roomers or boarders. (c) in part, as an office. school, studio, barber or beauty shop. (d) in part, as a private garage. (3) occasional or part time self-employed business pursuits of an insured under 19 years old (age 23 if a full-time student). c, arising out of any professional liability except teaching. d. arising out of premises owned or rented to an insured but not an insured location. e. arising out of the ownership, maintenance, or use of: (1) an aircraft. (2) a motor vehicle owned or operated by, or rented or loaned to an insured. (3) a watercraft owned by. or rented to an insured: (a) if the watercraft has inboard or inboard-outdrive motor power of more than 50 horsepower. (b) if it is a sailing vessel, with or without auxiliary power, 26 feet or more in overall length. (c) while rented to others. (d) while being used to carry persons or property for a fee. (e) while being used without an insured's permission. (f) while being used in an official race or speed test. This exclusion does not apply to sailboats. (g) if it is an airboat, air cushion or similar type watercraft. f. caused by war or warlike acts, including insurrection, rebellion or revolution. Discharge of a nuclear weapon is a warlike act, even if accidental. Exclusion a (3) does not apply while the watercraft is stored. Exclusions d and a (2) and (3) do not apply to bodily injury to any residence employee arising out of and in the course of employment by an insured. 13 2. Coverage E-Personal Liability does not apply to: a. liability assumed under any unwritten contract or agreement, or by contract or agreement in connection with any business of the insured. b. property damage to property owned, produced or distributed by an insured. c. property damage to property rented to, occupied or used by, or in the care of an insured. This exclusion does not apply to property damage: (1) caused by fire, smoke, or explosion: or (2) to house furnishings or premises rented to, occupied or used by or in the care of an insured for which an insured is legally liable. d. bodily injury to a person eligible to receive benefits required to be provided or voluntarily provided by the insured under the following: a workers' or workmen's compensation, non-occupational disability, or occupational disease law. e. bodily injury or property damage for which an insured under this policy also is an insured under a nuclear energy liability policy: or would be an insured but for its termination upon exhaustion of its limit of liability. f. bodily injury to an insured as defined in Definitions 3a and 3b. :3. Coverage F-Medical Payments to Others does not apply to bodily injury: a. to a residence employee if it occurs off the insured location. It does apply if the bodily.injury arises out of the residence employee's employment by an insured. b. to a person eligible to receive benefits required to be provided or otherwise provided under the following: workers' or workmen's compensation, non-occupational disability. or occupational disease law, c. from a nuclear reaction, radiation or radioactive contamination. or a consequence of any of these. It does not matter that these are controlled or uncontrolled. ?iS?r1' We cover the following in addition to the limits of liability: 1. Claim Expenses. We pay: a. expenses we incur and costs taxed against an insured in a suit we defend. b. premiums on bonds required in a suit we defend. This does not include bond amounts greater than the limit for Coverage E. We are not obligated to apply for or furnish a bond. c. reasonable expenses incurred by an insured at our request. This includes actual loss of earnings (but not loss of other income) up to $100 per day for assisting us in the defense of a claim or suit. d. interest on the entire judgment. This must accrue after entry of the judgment. It must accrue before-we pay or deposit in court that part of the judgment which does not exceed the coverage that applies. 2. First Aid Expenses. We will pay expenses for first aid to others incurred by an insured for bodily injury covered under this policy. We will not pay for first aid to you or any other insured. 3. Damage to Property of Others. We will pay up to 51000 per occurrence for property damage to property of others caused by an insured. We will not pay for property damage: a. to property covered under. Section I. b. caused intentionally by an insured who is age 13 or older. c. to property owned by or rented to an insured, a tenant of an insured, or a resident in your household. d. arising out of: (1) business pursuits. (2) an act or omission in connection with a premises owned, rented, or controlled by an insured, other than the insured location. (3) the ownership, maintenance, or use of a motor vehicle, aircraft or watercraft. 14 - 4. Accidental Death Benefits. We will pay to the estate of the deceased the amount shown in the policy for accidental 'loss of life to an insured. Death must be caused solely by accident. Accident means an event which is sudden, unforeseen, and unintended. Death must be within 90 days of the accident. It must result directly from bodily injury suffered on the residence premises. Death must be independent of other causes. The adult benefit applies beginning at age 18. We will not pay where death results directly or indirectly, wholly or in part, from any of the following causes: a. disease, bodily or mental illness. b. medical or surgical treatment for disease. bodily or mental illness. c. infection unless it results from a visible wound. It must be resulting from an accident which happened at the residence premises. d. suicide, whether deceased was sane or insane. e. sensitivity to drugs or an overdose of drugs. f. taking poison or inhaling gas, voluntarily. g. war or an act of war, declared or undeclared. It does not matter whether the insured is in military service or not. SECTION 11-CONDITIONS -- 1. Limits of Liability. Our total liability under Coverage E stated in this policy for all damages resulting from one occurrence will not exceed the limit for Coverage E stated in this policy. This is true regardless of the number of insureds, claims made or persons injured. Our total liability under Coverage F for all medical expense for bodily injury to one person resulting from one accident will not exceed the limit for Coverage F stated in this policy. 2. Severability of Insurance. This insurance applies separately to each insured. This condition will not increase our limit of liability for one occurrence. 3. Duties after Loss. In case of an accident or occurrence, the insured will perform the following duties that apply. You will cooperate with us in seeing that these duties are performed: a. Give notice to us or our agent as soon as practicable setting forth: (1) identity of the policy and insured. (2) the time, place, and facts of the accident or occurrence. (3) names and addresses of the claimants and witnesses. b. Forward to us every document relating to the accident or occurrence. c. At our request, assist in: (1) making settlement. (2) enforcing a right of contribution or indemnity against a person or entity who may be liable to an insured. (3) conducting suits. and attending hearings and trials. (4) giving evidence and asking witnesses to attend. d. Under the coverage-Damage to Property of Others-submit to us, within 60 days after the loss, a sworn proof of loss and exhibit the damaged property, if within the insured's control. e. The insured shall not, except at the insured's own cost, voluntarily make a payment, assume an obligation, or incur an expense other than for first aid to others at the time of the bodily injury. f. Under the coverage-Accidental Death Benefits: (1) you agree to authorize us to receive medical reports and copies of supporting records. (2) we have the right and opportunity to make an autopsy where not forbidden by law. (3) coverage ends on its nearest anniversary date to an insured reaching his 65th birthday. 4. Duties of an Injured Person-Coverage F-Medical Payments to Others. The injured person or someone on behalf of the injured person will: a. give us written proof of claim, under oath if required, as soon as possible. b. authorize us to obtain copies of medical reports and records. The injured person will submit to physical examination by a physician we select. This may be as often as we require with good reason. 15 5. Payment of Claim-Coverage F-Medical Payments to Others. Payment under this coverage is not an admission of liability by an insured or us. 6. Suit Against Us. No action can be brought against us unless there has been compliance with the policy provisions. No one has a right to join us as a party to an action against an insured. No action with respect to Coverage E can be brought against us until the obligation of the insured has been determined by final judgment or agreement signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insolvency of an insured will not relieve us of our obligations under this policy. 8. Other Insurance-Coverage E-Personal Liability. This insurance is excess over other valid and collectible insurance. This does not apply to insurance written as excess over the limits of liability that apply in this policy. SECTION I AND SECTION II-CONDITIONS 1. Policy Period. This policy applies only to loss under Section I or Section I I which occurs while the policy is in force. 2. Concealment or Fraud. We do not provide coverage for an insured who has by design concealed or misrepresented a material fact or circumstance relating to this insurance. :3. Liberalization Clause. If we adopt a revision which would broaden the coverage under this policy without added premium, the broadened coverage will apply to this policy at once. 4. Waiver or Change of Policy Provisions. A waiver or change of a part of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights. 5. Continuous Renewal Policy Provisions. If the Declarations indicate this is a continuous renewal policy, the policy becomes effective on the date shown. It may be continued in force as long as the premiums required are paid, subject to the rates, rules and forms then in effect. 6. Cancellation. You may cancel this policy at any time by returning it to us or by notifying us in writing of the date cancellation is to take effect. We may cancel this policy only for the reasons stated in this condition by notifying you in writing of the date cancellation takes effect. This cancellation notice will be mailed to you at your address shown in the policy. Proof of mailing will be proof of notice. a. When you have not paid the premium, whether payable to us or our agent or under a finance or credit plan. we may cancel at any time by notifying you at least 10 days before cancellation takes effect. b. When this policy has been in effect less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 10 days before cancellation takes effect. c. When this policy has been in effect 60 days or more, or at any time if it is a renewal with us, we may cancel if: (1) there has been a material misrepresentation of fact which if known to us would have caused us not to issue the policy: or (2) the risk has changed substantially since the policy was issued. This can be done by notifying you at least 30 days before cancellation takes effect.. d. When this policy is written for a period longer than one year, we may cancel for any reason at its anniversary by notifying you at least 30 days before cancellation takes effect. When this policy is cancelled, the premium for the period from the date of cancellation to the premium payment date will be refunded. The return premium will be pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a reasonable time after cancellation takes effect. 7. Nonrenewal. We may elect not to renew this policy. We may do so by mailing to you, at your mailing address shown in this policy, written notice at least 30 days before the renewal date of this policy. Proof of mailing shall be proof of notice. 8. Policy Transfer. You may transfer this policy to another only with our written consent. 9. Subrogation. When we pay a loss, an insured's right to recover from someone else becomes ours up to the amount we paid. An insured must protect these rights and help us enforce them. This condition does not apply to "Medical Payments to Others" or the "Damage to Property of Others" protection. 16 10. Death. If a person named in this policy or the spouse, if a resident of the same household, dies, we insure: a. the legal representative of the deceased, only with respect to the premises and property of the deceased covered under the policy at the time of death. b. a member of your household who is an insured at the time of death, but only while a resident of the residence premises. c. with respect to your property, the person having proper custody of the property until appointment of a legal representative. 11. Additional Insured-Non-Occupant. An additional insured may be named in this policy. His interest in the residence premises is protected under Coverage A and Coverage B. He also is protected under Coverage E for his liability from ownership. maintenance or use of the residence premises. These provisions do not increase the amount of insurance. 12. Optional Payment of Premium in Installments. You may, if you wish, pay the premium for this policy in installments. This is under terms and conditions approved where required by the Department of Insurance. For each separate installment payment there is an installment premium payment charge. Your agent or sales representative can provide additional information about installment payment. 13. Optional One-Check Plan. You may, if you wish, pay the premium for this policy monthly under the terms of the One-Check Plan. There is a premium loading charge for each monthly payment for this policy or for the total monthly payments for all policies included in the Plan. This option may be cancelled by you or us. To do so advance notice must be given. Your agent or sales representative can provide additional information about the One-Check Plan. JCCTION 1 A\i 'J The following options apply only if they are indicated on the Declarations. They are subject to all provisions of this policy. Option M. Personal Injury Coverage-under Coverage E-Personal Liability the definition of bodily injury is amended to include personal injury. "Personal injury" means injury as a result of: (1) false arrest, false imprisonment, wrongful eviction or wrongful entry; (2) wrongful detention, malicious prosecution, misrepresentation, or humiliation: (3) libel, slander, defamation of character; or (4) invasion of rights of privacy. Section II-Exclusions do not apply to personal injury. Personal injury coverage does not apply to: (1) liability assumed by the insured under a contract or agreement; (2) injury caused by a violation of a penal law or ordinance if committed by or with the knowledge or consent of an insured; (3) injury sustained by a person as a result of an offense directly or indirectly related to that person's employment by the insured; (4) injury arising out of business pursuits of an insured; or (5) civic or public activities performed for pay by an insured. Option N. Loss Assessments Coverage. Definition: "Association" means the management body of the property owners. They must have common property interest with you. The common property must be part of the housing development where you live, as shown on the Declarations. We agree to pay your share of an assessment charged against all members of the Association. We will pay up to the limit shown for, this option on the Declarations. The assessment must be a result of: (1) a direct loss to property collectively owned by the Association. It must be caused by a peril covered under Section I of this policy; (2) an event of the type covered by Section II of this policy; or 17 (3) damages the Association is legally obligated to pay due to personal injury as a result of: la) false arrest, false imprisonment, wrongful eviction, or wrongful entry; (b) wrongful detention, malicious prosecution, misrepresentation, or humiliation; (c) discrimination due to age, race, creed, sex, color, religion or national origin (but only for liability other than fines and penalties imposed by law); (d) libel, slander, defamation of character; or (e) invasion of rights of privacy. This coverage is excess over other valid and collectible insurance covering the Association. Loss under subparagraph (1) is subject to the Section I deductible shown on the Declarations. FUi_1CYHOLDER MEMBERSHIP IN THE COMPANY Because this policy is issued by a mutual insurance company, you area member of the company while this or any other policy is in force. While a member you are entitled to one vote only-either in person or by proxy-at meetings of members of the company. You are entitled to any dividends as provided by law and which are declared by. the Board of Directors. The annual meeting of members of the company will be held at the Home Office at Columbus, Ohio, at 9:30 a.m. on the first Thursday of April. IN WITNESS WHEREOF: !Nationwide !Mutual Fire Insurance Company has caused this policy to be signed by its President and Secretary at Columbus, Ohio, and countersigned by a duly authorized representative of the company. Secretary 10 . :.A]. 4: President Nationwide Mutual Fire Insurance Company/Home Office: One Nationwide Plaza, Columbus, Ohio 43215-2220 18 Amendatory Endorsement (Pennsylvania) Please attach this Important addition to your policy. CONCEALMENT OR FRAUD The Concealment or Fraud provision of this policy Is deleted and replaced by the following: CONCEALMENT OR FRAUD 1. This policy Is void as to all insureds If you or any other insured has Intentionally misrepresented any material fact or circumstance which would have caused us not to Issue or renew this policy. 2. This policy does not provide coverage for all insureds If you or any other insureds, either before or after a loss, has: a) Intentionally concealed or misrepresented any material fact or circumstance; or b) committed any fraud or made false statements relating to such loss. CANCELLATION The Cancellation provisions of this policy are amended as follows: We may cancel this policy only for the reasons stated in this condition by notifying you In writing of , the date cancellation takes effect. 1. When this policy has been In effect for less than 60 days and is not a renewal, we may cancel for any reason by notifying you at least 10 days before the cancellation takes effect. 2. When this policy has been In effect for 60 days or more, or at any time If it Is a renewal, we may cancel only for one or more of the following reasons by notifying you at least 30 days prior to the proposed cancellation date: a, this policy was obtained through material misrepresentation, fraudulent statements, omissions or concealment of fact material to the acceptance of the risk or to the hazard assumed by us; b, there has been a substantial change or Increase in hazard in the risk assumed by us subsequent to the date the policy was Issued; c. there is a substantial Increase In hazards insured against by reason of willful or negligent acts or omission by you; d. you have failed to pay the premium by the due date, whether payable to us or to our agent or under any finance or credit plan; or e. for any other reason approved by the Pennsylvania Insurance Commissioner. This provision shall not apply If you have demonstrated by some overt action to us or to our agent that you wish the policy to be-cancelled. Delivery of such written notice by us to you at the mailing address shown In the policy or at a forwarding address shall be equivalent to mailing. Proof of mailing will be proof of notice. NONRENEWAL The Nonrenewal provisions of this policy are amended as follows: We will not fail to renew this policy with the types and limits of coverage at least equal to those contained In the policy being superseded while we are issuing policies for this kind and class of insurance In the state of Pennsylvania except for one of the reasons referred to in the provlslons.of this endorsement. We may refuse to renew for one of the listed reasons by mailing to you at the mailing address shown in the policy or at a forwarding address, written notice at least 30 days prior to the expiration date of this policy. This provision does not apply If: EXHIBIT Fire 263 0-B (5-96) Page 1 of 2 a. we have Indicated our willingness to renew and the insured has failed to pay the premium by the due date; or b. we have Indicated to us or our agent that you do not wish the policy to be renewed. Delivery of such written notice by us to you at the mailing address shown In the policy or at a forwarding address shall be equivalent to mailing. Proof mailing will be proof of notice. All other provisions of this policy apply, This endorsement Is Issued by the company shown In the Declarations page as the Issuing company, NATIONWIDE INSURANCE COMPANIES Home Office: "Columbus, Ohio 43215-2220 Page 2 of 2 Fire 2630-B (5-96) amendatory endorsement Please attach this important addition to your policy. It Is agreed that the policy Is amended as follows: DEFINITIONS In all policies, except Mobile Homeowners, the definition of Business is deleted and replaced by the following: ession or occupation. It includes home care services regularly Business includes trade, prof services 'h there Is not mutual exchange of home relatives, provided to a person or poenrsensather A than Is monetary or other compensation If a considered ch me care services provided by an insured uunder 19 years lold or (age 231 self-employed o on the residence epreservices, an office, mises Is no a business If full-time student). auty shop of an connection studio, barber or beauty P its occupancy Is described in the policy. following: In all policies, the definition of occurrence is deleted and replaced by the g: Occurrence means bodily injury or property damage resulting from an accident, Including continuous or repeated exposure to the same general condition. The occurrence must be during the police period. • In all policies the following definition Is added It applies wherever the words "actual cash value" are used In the policy rort ans amou r or Actual CashVofulike ek ndt and quality, lessldallowancef or phys caledeteno ationpeand with material depreciation, Including obsolescence. SECTION I OTHER COVERAGES • In all policies under Section I - Other Coverages, Debris Removal is amended by adding the following paragraph: premises reasonable expense you Incur for the We will pay up to $500 In the a r aggregate when: removal of tree debris from t residence a. the tree, as a result of a covered peril, causes damage to a covered structure, or Ice, the res?den esprem'sesn is caus b, windstorm, hall, or weight o f h s declared the dwhicamage to the Pennsylvania Gover located to be a disaster area as a result of such weather conditions. This amount does not increase the debris removal coverage provided by this policy. SECTION 1 - PERILS INSURED AGAINST the Section I -Perils • In the Elite il, Condominium, Tenants and Golden Blanket policies, the pertaining to accidental discharge or overflow Insured Against, Personal Property ro replaced Coverage of water, etc., Is deleted following: thin a accidental discharge or overflow system or fromfwithin'a househlold alpplianceing, air of water or stam conditioning or fire protection sprinkler This peril does not include loss: dwellin umbin a. caused by or throufrom that back drains-, orpwfrom ater enters gtorr overflow ng la sump system and enters ters 9h sewers or ace water pump, sump pump well or other system designed to remove esubsurf In this pollcyrornby from the foundation area except as may be provided endorsement. EXHIBIT Page 1 of 4 - Fire 3358-A (10-96) b. due to continuous or repeated seepage or leakage of water, steam or moisture which occurs over a period of time and results in deterioration, corrosion, rust, mold, wet rot or d ry rot. c. due to freezing except as provided by the peril of freezing. d. to the system or appliance from which the water, steam or moisture escaped. In the Elite II and Golden Blanket policies, the Section I - Perils Insured Against, Coverage A - Dwelling and Coverage B - Other Structures, Items 5. and 6. are deleted and replaced by the following: We cover direct physical loss to property described in Coverages A and B except that caused by: 5. continuous or repeated seepage or leakage of water or steam over a period of time from a heating, air conditioning or automatic protective sprinkler system; household appliance; or plumbing system that results in deterioration, rust, mold, or wet or dry rot. Seepage or leakage from,. within, or around any shower stall, shower tub, tub Installation or other plumbing fixture, including their walls, ceilings or floors, is also excluded. If loss caused by water or steam is not otherwise excluded, we will cover the cost of tearing out and replacing any part of the building necessary to repair or replace the system or appliance. We do not cover loss to the system or appliance from which the water or steam escaped. 6. wear and tear; marring, deterioration; inherent vice; latent defect; mechanical breakdown; rust; mold; fungus; wet or dry rot; contamination; smoke from agricultural smudging or industrial operations; settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations, walls, floor, roofs or ceilings; birds, vermin, rodents, insects or domestic animals. Breakage of glass constituting part of a covered building caused by birds, vermin, rodents, insects or domestic animals is covered. SECTION I - EXCLUSIONS In all policies, the Section I - Exclusion pertaining to earth movement Is deleted and replaced by the following: earth movement and volcanic eruption. Loss resulting from earth movement and volcanic eruption described below Is not covered even if other perils contributed, directly or indirectly, to cause the loss. Earth movement means: earth movement due to natural or unnatural causes, Including mine subsidence; earthquake; landslide; mudslide; earth shifting, rising or sinking. Volcanic eruption means: eruption; explosion; or discharge from a volcano. Resulting direct loss by fire, explosion, theft or breakage of glass which Is part of the building is covered. In all policies, the Section I - Exclusion pertaining to water damage is deleted and replaced by the following: We do not cover loss resulting directly or indirectly from: Water or damage caused by water-borne material. Loss resulting from water or water-borne material damage described below Is not covered even If other perils contributed, directly, or indirectly, to cause the loss. Water and water-borne material damage means: a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from these, whether or not driven by wind. b. water or water-borne material which: (1) backs up through sewers or drains from outside the dwelling's plumbing system; or (2) overflows from a sump pump, sump pump well or other system designed to remove subsurface water or water-borne material from the foundation area. c. water or water-borne material below the surface of the ground, including water or water-borne material which exerts pressure on, seeps or leaks through a building sidewalk, driveway, foundation, swimming pools or other structure. We do cover direct loss by fire, explosion or theft that results from water or water-borne material damage If the resulting loss Is an Insured loss. • In all homeowners policies, any Section I - Exclusion pertaining to intentional acts Is deleted and replaced by the following: Page 2 of 4 Fire 3358-A (10-96) Intentional or criminal acts, meaning a loss resulting from an act committed by or at the direction of an insured that may reasonably be expected to result from such acts; or is the Intended result from such acts. Such an act excludes coverage for all insureds. • In the Mobile Homeowners policies only, the above Section I - Exclusion, Intentional Acts, Is added to Mobile Homeowners policies. • In all homeowners policies except Golden Blanket and Mobile Homeowners, under Section I - Exclusions, the following is added as paragraph #9. It is added as paragraph #11 In the Mobile Homeowners policy. a. a fault, weakness, defect or Inadequacy In the: (1) specifications, planning, zoning; (2) design, workmanship, construction, materials; (3) surveying, grading, backfilling; (4) development or maintenance; of any property on or off the residence premises whether Intended or not; or b. conduct or failure to act or decide, of any person, group, organization or governmental body, whether intentional, negligent, wrongful or without fault. This exclusion only applies if another peril excluded by this policy contributes to the loss. SECTION I - CONDITIONS AND OPTIONS • In all policies under Your Duties After Loss, subparagraph d. (2) Is replaced by the following: (2) submit to examination under oath and sign same. At your or our request, the exams will be conducted separately and not In the presence of any other insured. • In the Basic and Elite II policies only, under Loss Settlement paragraph e., the following subparagraph Is added: (3) If you do not repair or replace, we will pay only the actual cash value of the damaged building, not to exceed the limit of liability applicable. • In the Golden Blanket Policy, paragraph c. of Loss Settlement and in other policies, Option - Extended Replacement Cost Coverage are deleted and replaced by the following: Covered loss to the following property shall be settled at replacement cost or the full cost of repair without deduction for depreciation up to the limit of liability applicable: (1) property covered under Coverage C - Personal Property. (2) outdoor antennas, carpeting (Including wall to wall), home appliances and awnings. "Replacement Cost" means the cost, at the time of foss, of a new article identical to the one damaged or stolen. When the Identical article Is no longer available, replacement cost shall mean the cost of a new article similar to that damaged or stolen. It must be of comparable quality and usefulness. Our liability for loss under this coverage shall not exceed the smallest of the following amounts: (1) replacement cost at the time of loss. (2) full cost of repair. (3) any special limits of liability described In the policy or attached endorsements. (4) our cost to repair or replace any part of the damaged or stolen property with equivalent property. You may elect not to repair or replace some or all of the damaged or stolen property. In this event, settlement will be based on the smallest of the repair cost, replacement cost, any special limit of liability that applies or the actual cash value of those items. If you later decide to repair or replace those Items, you may make an additional claim within 180 days after the loss for any difference between the amount paid and the amount payable If repaired or replaced. The actual repair or replacement of the property need not be completed within the 180 days, but payment will not be made until proof of repair or replacement Is provided to us. Fire 3358-A (10-96) Page 3 of 4 This coverage does not apply to: (1) manuscripts, antiques or fine arts which by their Inherent nature cannot be replaced with new articles. (2) memorabilia, souvenirs, collectors' items, and other items whose age and history contribute substantially to their value. (3) property not maintained In good or workable order. (4) property which is obsolete or useless to you at the time of loss. The actual cash value provisions of this policy apply to the preceding items 1 thru 4. This provision (option) does not increase the policy's limit of liability. • In the Golden Blanket policy only, under Loss Settlement, paragraphs a. and b. and in other homeowners policies, Option J - Replacement Cost Guarantee (Dwelling), the following subparagraph is added: (3) the actual cash value of the damage until repair or replacement Is made, if the cost to repair or replace building is more than $1000. You may make a claim within 180 days after loss for any added loss on a replacement cost basis. If you choose not to repair or replace the damaged building, payment will be on an actual cash value basis, up to the limit of liability shown on the Declarations. SECTION 11 - EXCLUSIONS • In all policies under the Section II - Exclusions for Personal Liability and Medical Payments to Others, paragraph a. Is deleted and replaced by the following: a. by an act intending to cause harm done by or at the direction of any insured. This exclusion does not apply to corporal punishment of pupils. • In all policies under the Section II - Exclusions for Personal Liability and Medical Payments to Others, the following subparagraphs are added: g. resulting from an Insured transmitting a communicable disease. h. arising out of the Ingestion or Inhalation of lead or lead compounds. All other provisions of this policy apply. This endorsement is issued by the company shown In the Declarations page as the issuing company NATIONWIDE INSURANCE COMPANIES Home Office: Columbus, Ohio 43215-2220 Page 4 of 4 Fire 3358-A (10-96) NATIONWIDE INSURANCE Nationwide Is on your aide ELITE II POLICY DECLARATIONS Non-Assessable Page 1 of 3 These Declarations are a part of the policy named above and Identified by policy number below. They supersede any Declarations Issued earner. Your Elite If Policy will provide the Insurance described In this policy In return for the premium and com?llance with all applicable policy provisions. See policy for details regarding the other coverages and addtt onal coverage options. Policy Number: 58 37 HO 482766 Issued: JAN 16, 1998 Policyholder: (Named Insured) COREY & JOEY SIEBER 308 E SMITH ST TOPTON PA 19582.1119 Policy Period From: NOY 10, 1997 to NOV 10 , 1998 but onlyy K the required premium for this period has been paid, and only for annual renewal perlods K premiums are pa(d as requ red. Each period begins and ends at 12:01 A. M. standard time at the Residence Premises. Change Effective Date: JAN 14, 1998 The Following Change(s) Have Been Made To Your Policy: The limit of liability for Section II coverage for Incidental Occupancy Is added. Residence Premises Information: COREY & JOEY SIEBER 308 E SMITH ST TOPTON PA 19562-1119 SECTION I ONE FAMILY FRAME DWELLING YEAR OF CONSTRUCTION 1960 Property Coverages COVERAGE-A-DWELLING COVERAGE-B-OTHER STRUCTURES COVERAGE--C-PERSONAL PROPERTY COVERAGE-D-LOSS OF USE SECTION II Liability Coverages COVERAGE-E-PERSONAL LIABILITY FOR EACH OCCURRENCE: PROPERTY DAMAGE AND BODILY INJURY COVERAGE-F-MEDICAL PAYMENTS TO OTHERS EACH PERSON H5300 FRAME: B 13 PROTECTION CLASS 5 RATED PROTECTION CLASS 5 INSIDE SINGLE CLASS AREA WITHIN 1000 FT FROM HYDRANT WITHIN 5 MILES FROM FIRE DEPT FIRE DISTRICT 0024 TOPTON BOROUGH OF PROTECTION TERRITORY 032 Limits Of Liability Deductible: 8280 ALL PERILS S 67 , 000 In case of a loss under Section I, we cover only that part of each loss over S 6. 700 the deductible stated. S 43.550 S 67,000 Limits Of Liability EXCEPTIONS S 200,000 THE SECTION II LIABILITY COVERAGES - COVERAGE E AND COVERAGE F. ARE EXTENDED TO: HOME CARE SERVICE AT RESIDENCE S 1,000 PREMISESi- LIABILITTYY $ 200,000 NUMBER OF PERSONS 1-3 EXHIBIT ELITE II POLICY DECLARATIONS Page 2 of 3 PERSONAL PROPERTY-SPECIAL LIMITS OF LIABILITY The special limits shown below for each category Is the total limit for each lose for all property In that category. Theyy do not Increase the Coverage -C -Personal Property limits of liability. See Policy for detalls I li p l d I li i l l f i bili Th d h i P m s are nc um. al Llm ty. ese u e n t cy prem regarding the 5pec ts o L a e bas c o Theft Losses Only Category Llmtts of Llablltty JEWELRY, WATCHES AND FURS $ 1 .000 1 , 000 CAMERAS GUNS S 1.1000 S TOOLS $ 1 '000 SILVERWARE S 2,500 All Covered Losses Category Urnha of Liability MONEY 200 SECU'1ITIES 1., 000 WATERCRAFT 5 1 , 000 TRAILERS $ 1 , 000 MANUSCRIPT $ 1 , 000 COMPUTERS S 3 , 000 BUSINESS PROPERTY $ 500 OTHER COVERAGES/OPTIONS APPLICABLE See Policy or Endorsements for details regarding the Other Coverages and Options that apply to your policy. Other Coverages Limits of Liability INFLATION PROTECTION APPLIES BOECKH INDEX 496.7 ACCIDENTAL DEATH BENEFIT "EACH CHILD S 500 EACH ADULT S 2,000 FIRE DEPARTMENT SERVICE CHARGE. $ 500 CREDIT CARD - FORGERY S 1 , 000 Options Applicable OPTION-J-REPLACEMENT COST GUARANTEE APPLIES DWELLING OPTION-L-PROTECTIVE DEVICE CREDIT APPLIES LOCAL FIRE OR SMOKE ALARM SYSTEMS SCHEDULED PERSONAL PROPERTY S 1,845 PREMIUM SUMMARY Premium Based On Premium Amount POLICY PREMIUM $ 210.00 SCHEDULED PERSONAL PROPERTY S 22.00 Annual Premium S 232.00 Annual Premium Includes Discounts For: HOME/CAR HOME PROTECTIVE DEVICE FRAME: C 13 NATIONWIDE INSURANCE Nationwide, Is on your side Policy Number: 58 37 HO 482766 Issued: JAN 16, 1998 ELITE 11 POLICY DECLARATIONS Non-Assessable Policyholder: Page 3 of 3 (Named Insured) COREY BIEBER Policy Period From: NOV 10, 1997 TO NOV 10, 1998 FORMS and ENDORSEMENTS MADE PART OF POLICY Fire 2502 Elite II Homeowners Policy Fire 2830-8 Amendatory Endorsement Fire 3358-A Amendatory Endorsement Fire 2514 Schedule Personal Property Endorsement ADDITIONAL INTERESTS FIRST MORTGAGEE BRUCE R & LINDA BIEBER 5750 SUN VALLEY RUN ZIONSVILLE PA 18092.2042 ADDITIONAL INSURED BRUCE R & LINDA BIEBER 5750 UN VALLEY RUN ZION VILLE PA 18092.2042 Issued By: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Countersigned At: HARRISBURG, PA Prior Declaration Issued: NOV 20. 1997 Home Office - Columbus, Ohio By: R. J. FLAIL IMPORTANT PHONE NUMBERS Nationwide 24-Hour Claims Number: 1-800-421-3535 For QUESTIONS About Your Policy, Call Your NATIONWIDE AGENT: R. J. FLAIL 610-883-8823 For Hearing Impaired: TTY 1-800-822-2421 Nationwide Regional OHIce: 717-857-8400 FRAME: D 13 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17405 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Courtesy Copies to: Jill R. Snyder, Esquire 100 Brodhead Road Suite 150 Bethlehem, PA 18017 Date: o °6 Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 By: 2? Qq4= Brigid . Alford, Esq ire C -r:. IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants NO: 2005-841 CIVIL ACTION - LAW ORDER 7A AND NOW, this (?I day of April, 2006, upon the consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested: (2) the respondent shall file an answer to the petition within ko days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; X epositions shall be completed within Kargument shall be held on the Perry County Court house, and days of this date; in Courtroom of (6) notice of the entry of this order shall be provided to all parties by the petitioner. Sal :C Sid Oz 4jv 9002 M0123575.1 i k .: lilkloV BY THE COURT: V IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS NO: 2005-841 CIVIL ACTION - LAW JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants cm 7D PETITION FOR RULE TO SHOW CAUSE REGARDING TRANSFER OF VENUE _ i Pursuant to PA.R.C.P. No. 1006, Defendant, Mark Martin, presents this Pet>ifim for"' Transfer of Venue. =- Parties c 1. Defendant and Petitioner, Mark Martin, is an adult individual with a current residence of 120 East Lauder Street, Carlisle, Pennsylvania. 2. Plaintiff, Nationwide Mutual Fire Insurance Company (hereinafter "Nationwide") is an insurance company operating in the Commonwealth of Pennsylvania with an office located at 1000 Nationwide Drive, Harrisburg, Pennsylvania. 3. Defendant Joey Bieber is an adult individual with a last know residence address of 1827 Carlisle Street, Bethlehem, Pennsylvania. 4. Defendant Shaun M. Lucas is an adult individual with a last know residence address of 2631 Hartman Drive, Center Valley, Pennsylvania. M0123048.1 I 5. Defendant Yvonne Martin is an adult individual with a last known residence of 2389 Juniper Drive, Coplay, Pennsylvania 6. Defendant Jessica Martin is a minor individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania and/or 120 East Lauder Street, Carlisle, Pennsylvania. 7. Defendant, Yvonne Martin, and Defendant and Petitioner, Mark Martin, are the parents and natural guardians of Defendant, Jessica Martin. 8. This matter is a Declaratory Judgment Action concerning insurance coverage available to Defendant Beiber and/or Lucas concerning allegations of physical and sexual assault and molestation of Defendant Jessisca Martin by Defendant Lucas that occurred at the residence of Defendant Beiber. 9. A lawsuit concerning those allegations is still pending. 10. On or about October 13, 2005, Plaintiff Nationwide Mutual Fire Insurance Company filed the instant Action for Declaratory Judgement with this Court, raising issues of coverage, defense, and indemnification of Defendant Bieber and Defendant Lucas. 11. This Action was filed in the Court of Common Pleas of Perry County, the county in which Petitioner Mark Martin resided several years ago. 12. Mark Martin has not resided in Perry County since early 2003, and did not reside there at the time of the alleged counts underlying this matter. 13. As previously noted, Mark Martin currently resides at 120 East Lauder Street, Carlisle, Pennsylvania. 14. PAR.C.P. No. 1006 (a) provides as follows: "Except as otherwise provided by subdivisions (b) and (c) of this rule, M0123048.1 2 I an action against an individual may be brought in and only in a county in which (1) the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law, or (2) the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property." 15. Mark Martin has no ties to the current venue in this matter, and accepted service only after hearing of attempts to serve him and making the commute to the Sheriff's Office in the Court of Common Pleas of Perry County. 16. It is believed and therefore averred that no other parties to the case have any ties to Perry County (aside from the general business that Nationwide Mutual Fire Insurance Company conducts in all counties). 16. The cause of action did not arise in Perry County, and no transactions or occurrences took place out of which any cause of action in this matter arose. 17. PAR.C.P. No. 1006(d) (1) provides as follows: "For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought." 18. This action could have originally been brought in the Court of Common Pleas of Cumberland County, inasmuch as Defendant Mark Martin resides at 120 East Lauder Street, Carlisle, Cumberland County, Pennsylvania. 19. Litigating this action in the Court of Common Pleas of Cumberland County, the current residence of Defendant Mark Martin and a point geographically closer to the majority of M0123048.1 the Defendants in this case, would be more convenient for the parties and witnesses in this matter. 20. Brigid Q. Alford, Esquire, Counsel for the Plaintiff, Nationwide Mutual Fire Insurance company, has already indicated her concurrence with the transfer of this case to the Court of Common Pleas of Cumberland County. To date, none of the other parties have had counsel enter appearances in this matter. 21. Therefore, for the convenience of the parties and witnesses, and for the efficient administration of justice, Defendant Mark Martin, with the concurrence of the Plaintiff, respectfully requests that this Honorable Court transfer this action to the Court of Common Pleas of Cumberland County, and direct the Prothonotary of the Court of Common Pleas of Perry County to forward all relevant documentation as specified in PAR.C.P. No. 1006 (3) to the Prothonotary of the Court of Common Pleas of Cumberland County. WHEREFORE, Defendant Mark Martin, requests that a Rule be issued upon the respondents in this matter to show cause why the Petitioner is not entitled to the relief requested. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP BY: rte. r ? ? Evan J. ine Esquire Attorney for Defendant Mark in ;:;j 7 East Market Street York, PA 17401 - Phone: (717) 848-3838 Supreme Court I.D. No. 70283 co M0123048.1 4 IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants : NO: 2005-841 CIVIL ACTION - LAW CERTIFICATE OF CONCURRENCE Plaintiff has sought the concurrence of counsel for Nationwide Mutual Fire Insurance Company, the only counsel of record in this matter. Counsel for the Plaintiff has concurred in this Petition. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP BY: Evan J. Kline Esquire Attorney for Defendant Mark Al tin ° ; 7 East Market Street ; - " --4 York, PA 17401 Phone: (717) 848-3838 Supreme Court I.D. No. 70283 0 c>, M0123048.1 5 uUo:)® n.zasaQ InsoW r- o - r olinbsg `zapXuS '-I lpf + e- - azmbsg `unuzdigS •W iagdolslagD u4MW aUUOA k = ngmg Xao f N - soon I 'LEI un-egS winbsg `pjo3IV •0 pl2Ilg :oo 2an/Xfg QUIT ng `smoX XT" fJaA •noX iiregZ •adoTanua podurels passa?ppv3 a asoToua agj uI aw of Xdoo podurels owi n umlar asna •onua o za Id A 3 ?suUJ1 i?ulp.zre,(?a-T asmo' mogS of ain-d ao3 UOTIPad L'Jo saidoo omi puu Tnui2po uu si posoToug :f,mouogpozd,,C1unoD kuad jp3(j Ib8-90OZ In 10 `uIL?I ?iY?T •sA -OD 'Sul 3-ii j IvnjnW apjmuojjuN ON :IuaIID :g2I 890L I Vd `plagUZOOM m;)N a.znnbS iajuaD Ig$I-TgIV Lpuoig XJUIouogJoad fQunoD i(iiad 900Z `I I II.idV ,CiTitgBSta f4jan3aS jumoS . UORL'suadMoo sj3NjoAk . 141t;aQ Inj2uo TM . Kinruj Isuos.zad . .14"Vid povil ?7 ZLI61,98-LIL xTd • 8£8£-M-LTL SOZ I-I0f L I P1UPAj,fsuu3d `3[.to,L . Jaadjg P)IzEW ;sag L ?Q 1al?L? `NVMAH,L ualsl!w -d 21VID uouuVE) •d nna.TQ 2U011S d Uv1j9 OUTIN • f uEng aaolsnjaS •-I Xigjou.T1,L `jaTUiUZOQ A usaQ s2211g -Cl uTjo f S.TaquxmD •a sauiLf ULILUML11" 10111H --a sdawomv IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants NO: 2005-841 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this date, April 11, 2006, mailed a copy of Defendant Mark Martin's Petition for Rule to Show Cause Regarding Transfer of Venue in the above matter, as set forth below by first class United States postage to the following: Brigit Q. Alford, Esquire 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Joey Bieber 1827 Carlisle Street Bethlehem, PA 18017-5211 Yvonne Martin 2389 Juniper Drive Coplay, PA 10837 Respectfully submitted, Dated: April 11, 2006 KATHERMAN, BRIGGS & GREENBERG By: <: a Evan J. Klin squire. .: Attorney I.D. #70283 7 East Market Street York, PA 17401 --; (717) 848-3838. Attorney for Plaintiffs - - CD J M0057782.2 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE COURT OF COMMON PLEAS INSURANCE COMPANY, PERRY COUNTY, PENNSYLVANIA Plaintiff V. NO. 2005-841 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Yvonne Martin o 2389 Juniper Drive -=' Co la PA 18037 [7 DATE OF NOTICE: April 4, 2006 -o _ w - o A4 You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigid Alford, Esquire Supreme Court I.D. #3 90 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 / Attorneys for Plaintiff Date: ff('l 06 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE COURT OF COMMON PLEAS INSURANCE COMPANY, PERRY COUNTY, PENNSYLVANIA Plaintiff V. NO. 20058-841 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as CIVIL ACTION - LAW Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent C Q and Natural Guardian of JESSICA -?- MARTIN, ?• Defendants .` ' IMPORTANT NOTICE X o TO: Yvonne Martin 4.- z 2389 Juniper Drive Coplay, PA 18037 o r9 FECHA DE NOTICIA: April 4, 2006 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNAAUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17405 Attorney for Mark Martin Jill R. Snyder, Esquire 100 Brodhead Road Suite 150 Bethlehem, PA 18017 Attorney for Defendant Joey Bieber Date: (- Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Attorney for Defendant Shaun Lucas Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se By: < Brigid Q Alford, Esquire Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 20050-841 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Mark Martin C/O Evan J. Kline, Esquire 7 East Market Street York, PA 17401 ca M,; DATE OF NOTICE: April 4, 2006 You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigid Alford, Esquire Supreme Court I.D. #3 90 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: ?° ? 0 6 Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 20058-841 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Mark Martin C/O Evan J. Kline, Esquire 7 East Market Street York, PA 17401 FECHA DE NOTICIA: April 4, 2006 NOTICIA IMPORTANTE d o .r:: -..7 D r z ? ? yy pp? C_ ' 7-7 w - USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNAAUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17405 Attorney for Mark Martin Jill R. Snyder, Esquire 100 Brodhead Road Suite 150 Bethlehem, PA 18017 Attorney for Defendant Joey Bieber Date: -? 06 Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Attorney for Defendant Shaun Lucas Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se By: Brigid Alford, Esquire Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Shaun M. Lucas C/O Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 N ? r: COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 2005-841 hJU DATE OF NOTICE: April 4, 2006 . You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigid Q,/Alford, Esquire Supreme Court I.D. #38 WO 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: ??D C= -lip t Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 20058-841 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Shaun M. Lucas C/O Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 FECHA DE NOTICIA: April 4, 2006 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TI ENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17405 Attorney for Mark Martin Jill R. Snyder, Esquire 100 Brodhead Road Suite 150 Bethlehem, PA 18017 Attorney for Defendant Joey Bieber Date: 4////66 Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Attorney for Defendant Shaun Lucas Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se By: ?- - Brigid V. Alford, Esqu' Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) bngidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants "r Q` _ COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 2005x-841 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Joey Beiber C/O Jill R. Snyder, Esquire 100 Brodhead Road, Suite 150 Bethlehem, PA 18017 DATE OF NOTICE: April 4, 2006 You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigid Alford, Esqui Supreme Court I.D. # 590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: (o? 7;r © c=s W Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 20058-841 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Joey Beiber C/O Jill R. Snyder, Esquire 100 Brodhead Road - Suite 150 Bethlehem, PA 18017 FECHA DE NOTICIA: April 4, 2006 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNAAUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE LISTED PUEDE OBTERNER LA AYADU LEGAL. Pennsylvania Lawyer Referral Service Post Office Box 186 Harrisburg, PA 17108-0186 1-800-692-7375 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17405 Attorney for Mark Martin Jill R. Snyder, Esquire 100 Brodhead Road Suite 150 Bethlehem, PA 18017 Attorney for Defendant Joey Bieber Date: h` A-1 06 Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Attorney for Defendant Shaun Lucas Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se By: Brigid Alford, Esquir IN THE COURT OF COMMON PLEAS OF Nationwide Mutual THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Fire Insurance Co. PERRY COUNTY BRANCH Versus Mark Martin No. 2005-841 SHERIFF'S RETURN And now October 20 , 2005 : Served the within name Mark Martin the defendant(s) named herin, personally at his place of residence in Sheriffs Office, New Bloomfield Borough Perry County, PA, on October 20, 2005 at 9:45 o'clock AM by handing to Mark Martin, Defendant 1 true and attested copy(ies) of the within Complaint and made known to him the contents thereof Sworn and day of ,12 bed to before me this_? i / . _ U -Prothonotary Pmftn* 8W& J. 111111WOMINN PA r aoa "Mr-W 1. ow LVI z` pia :: ? ?? 01, a31?tW?d So answers Deputy S eriff of Perry County ORDER FOR SERVICE REQUEST Tn RR MMPT FTFn RV TMF RFOITROMNC, ATTORNEY 1. All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriff's levy. The Sheriff or 3. When completing location for service, be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5 . Service will be executed in accordance-with Rule 402 and Title 231, Pennsylvania Rules of Civil Procedure. Boxes or R.D. - ADDRESSES ONLY. Provide the 6 . The attorney must certify all copies of process. township, if applicable. 7 . Supply a self-addressed stamped envelope for returft9f service. PLAINTIFF: = Q • •tit'tl G NATIONWIDE MUTUAL FIRE INSURANCE , CO. DEFENDANT: < W JOEY BTERER SERVE UPON: LOCATION: ?n 1827 CARLISLE ST. W TYPE OF WR BETHELHEM, PA 18017 ATTORNEY (NAM S, ATTORNEY SIGNATURE: FOR PROTHONOTARY USE ONLY DOCKET NUMBER: LAST DAY FOR SERVICE: FEES PAID: 2005-829 NOVEMBER 10, 2005 52.00 RETURN OF SERVICE (To be completed by Sheriff) INDIVIDUAL SERVED: DATE: D-- px? elow TIME: - uU. c7 c LOCATION: (IF IFFER T FROM ABOVE) ( ) BOROUGH OF: ITY OF O TOWNSHIP OF: AA?V cry Served in the following manner: () Other: efendant personally served () Not Found () Moved ( ) No Answer () Vacant ( ) Unknown ( ) Adult family member with whom said defendant resides ( ) Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendant company ( ) Posted property ( ) Levy on property (Comments) !v SO ANSWERS: JEFFREY K HAWBECKER p = - Z! SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of O ^-Qounty, BY: To execute and make a return on the above and attached actim-9-Zordin" !o laf:? e ut Sheriff Badge # Sheriff of Northampton Count C! to - ACCEP TANCE OF SERVICE -<`1 -- I accept service of the on behalf of -77 I-Q,1 w t.:D Glad certify that I am authorized to do so. (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) SHERIFF OFFICE C`.OURTHOUSE. -- 5TH & HAMILTON STREETS 455 W HAMILTON ST ROOM 106 ALLENTOWN PA 18101 --- IE,14 NATIONWIDE:' MUTUAL FIRE INSURANCE CO DOC# a E005-.CV-•4061 VS CASE: 20o5--NC--4748 JOEY BE I DER e ET AL E.XP I R: 1 E--N(_)'v._.2c-)t" 5 (PERRY CO._..._Et: 05-541) DEPOSIT: 45.(-)(.-) ENTRY.- 20-Oct-2005! WRIT 4 DECLARATORY 31_JDGEMENT SERVE; YVONNE MARTIN AT c ° 89 JUNIPER DR COPLAY, PA 18037 RETURN Ck SERVICE 1. NAME:: OF INDIVIDUAL SERVED: C?v r , U-;- Cn4,e,Cj r 2. RELATIONSHIP TO DEFENDANT: ... DATE: OG ?L Ec7 ar TIME HO[JRS a ,W__--_-_--_..- 4 . LOCATION OF SERVICE-. 5. UNABLE TO LOCATE* ( J NUMBER OF ATTEMPTS TO L gCATE CjEF EVDANT 1. DATE & TIME V(P DATE & 3. DATE & 'TIME 5. DATE & TIME AT LAST KNOWN ADDRESS TIME 4. DATE & TIME E..., DATE & TIME. ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED Olu BEHALF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO. PRINTED NAIE ? AUTHORIZED ED AGENT DATE.: - PRINT NAME v F uj 'UTY SHERIFF CL- 113 SO ANSWERS S N ? S I GNATURE OF! AUTHOR I ZEEb-? f3Er TI ME ..a t) -``t C3 DEPUTY SHERIFF rrl E -F OF L _H COUNTY 1 L ?, [r SHERIFF OFFICE COUFiTHOi.JSE - 5TH & HAM I !_TON STREETS l 45 W HAM I I_TON ST ` ROOM lot., ALI-ENTOWN PA 18101-1614 NATIONWIDE MUTUAL. FIRE INSURANCE CO _ CDOC#: 2005-CV-4061 ASE: 2005•-NC-474 JOEY BEIBEFER ET AL EXPIR: 1.2 _.Nc:}v_.2i"}05 i (PERRY CO-----2005-8411 rd ?J f ? ?,,?ptwl??. DEPOSIT: ENTRY- 20--Oct---2005 WRIT DECI_ARAT'CIRY JUDGEMENT 1MENT 0l5 a f SERVE: SHAUN M LUCAS . ?? Awe, T 2631 HARTMAN DR CENTER VALLEYg PA 180 ? _._..__ A RETURN OF SERVICE 1. NAME OF INDIVIDUAL_ SERVED : ko 5-44 4A e,44 d0 2. RELATIONSHIP TO DEFENDANT: 404 livid ???• _._.--_--____._ --- --__? r 3. DATE o HOURS '0 -15 : _„•._ ______ _- .-_ 4. L..OCAT I ON OF 5. UNABLE TO LOCATE: ( ) NUMBER OF ATTEMPTS TO LOCATE 1. DATE & T T. ME /0-ZL1a Z LC --_ _ . DATE & TIME 5. DATE & TIME DEFENDANT AT LAST i-::NOWN ADDRESS: 2. DATE & _-----_- 4. DATE & TIME-__--_____ 6. DATE & T I !"IE _.__ _ -- ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE OF THE L-EGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF' THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO. PR I NTE:r? NAME OF AUTHORIZED AGENT DATE: PRINTC,AME OF DEPUTY SHERIFF SO ANSWERS cr) p v? p v rv ?" SIGNATURE OF AUTHOR I "ZE:b :-?G c -G , ---- ----- - - -- co 77- DEPUTY SHERIFF rn - ???SHER I FF OF L .. u- .66c, COUNTY Brigid 0. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER, MARK MARTIN, individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS, and YVONNE MARTIN, Defendant r b C-n rr D r7? ? 00 COURT OF COMMON PLEAS PENNSYL4NI& PERRY COUNTY z> , 3 M m c. ocbX - 41 n m NO. ' C-) w C3 o.? "v CIVIL ACTION - LAW = W w 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 ITIFIED TRUE l Y 4 f t ? 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 ?t t NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAzR RAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Central Pennsylvania Legal Services 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 A ' Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company t ` NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. Q(XJ CIVIL ACTION - LAW r n a R m 0 -c CD .< n n C r? M C4 ACTION FOR DECLARATORY JUDGMENT Pursuant to Pa.R.C.P. No. 1601 et seq., Plaintiff, Nationwide Mutual Fire Insurance Company, through its attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Alford presents its Complaint for Declaratory Judgment as follows: ? s A ? The Parties 1. Plaintiff, Nationwide Mutual Fire Insurance Company (hereinafter "Nationwide") is an insurance company operating in the Commonwealth of Pennsylvania with an office located at 1000 Nationwide Drive, Harrisburg, Pennsylvania. 2. Defendant Joey Bieber is an adult individual with a last known residence address of 1827 Carlisle Street, Bethlehem, Pennsylvania. 3. Defendant Shaun M. Lucas is an adult individual with a last known residence address of 2631 Hartman Drive, Center Valley, Pennsylvania. 4. Defendant Mark Martin is an adult individual with a last known residence address of 1185 Flower Lane, Marysville, Pennsylvania. 5. Defendant Yvonne Martin is an adult individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania. 6. Defendant Jessica Martin is a minor individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania and/or 1185 Flower Lane, Marysville, Pennsylvania. 7. Defendants Mark Martin and Yvonne Martin are the parents and natural guardians of Defendant Jessica Martin. The Alleged Incident and Pendinq Litigation 8. In 1998, Defendant Joey Bieber operated a private day care business at her residence, then located at 308 East Smith Street, Topton, Pennsylvania. -2- v, 4 9. In 1998, Defendant Yvonne Martin hired Defendant Bieber to provide day care services to her minor daughter, Defendant Jessica Martin. 10. In 1998, Defendant Lucas was present as an occasional visitor in the Bieber residence, at the same time that Defendant Jessica Martin was a day care client there. 11. Defendants Mark Martin and Jessica Martin have since alleged that, while Jessica was at the Bieber residence, Defendant Lucas physically assaulted and molested Jessica. 12. Subsequently, Defendant Mark Martin, as father and natural guardian of Jessica Martin, commenced a civil action (hereinafter the "Lawsuit") against Shaun M. Lucas, Yvonne Martin, and Joey Bieber in the Berks County Court of Common Pleas. A true and correct copy of the Complaint is attached hereto as Exhibit A. 13. The Lawsuit alleges, inter alia, that minor Jessica Martin suffered various psychological injuries as a result of the alleged physical assault and molestation. 14. The Lawsuit is still pending. The Policy at Issue 15. At the time the alleged physical assault and molestation occurred, Defendant Bieber was insured under a policy of insurance (hereinafter the "Policy"), and Amendatory Endorsements thereto, issued by Nationwide Mutual Fire Insurance Company. True and correct copies of the Policy, Amendatory Endorsement 2630-B; Amendatory Endorsement 3358-A; and the Declarations Page for the relevant time period are attached hereto, made part hereof, and identified as Exhibits B, C, D, and E, respectively. -3- A No Coverage or Duty to Defend or Indemnify Defendant Lucas 16. At the time of the alleged physical assault and molestation, Defendant Lucas was not a residence employee of Defendant Bieber in connection with her day care service. 17. At the time of the alleged physical assault and molestation, Defendant Lucas did not reside with Defendant Bieber. 18. At the time of the alleged physical assault and molestation, Defendant Lucas was not named as an insured under the Policy. 19. At no time relevant hereto was Defendant Lucas an "Insured" under the terms of the Policy. No Coverage or Duty to Defend or Indemnify Any Defendant as Alleged Physical Assault and Molestation Did Not Cause Bodily Injury 19. The "Definitions" section of the Policy defines "Bodily Injury" as bodily harm, sickness or disease. 20. Defendants Mark Martin and Jessica Martin have not alleged that Jessica suffered bodily injury as a result of the alleged physical assault and molestation. No Coverage or Duty to Defend or Indemnify Any Defendant as Alleged Physical Assault and Molestation Did Not result From an Accident 21. Under the terms of the Policy and Amendatory Endorsement 3358-A, "Occurrence" means bodily injury or property damage resulting from an accident, including continuous or repeated exposure to the same general condition. 22. Defendants Mark Martin and Jessica Martin have not alleged that the alleged physical assault and molestation was the result of an accident. -4- e r No Coverage or Duty to Defend or Indemnify as Alleged Physical Assault and Molestation Was an Intentional or Criminal Act 23. Defendants Mark Martin and Jessica Martin have alleged losses resulting directly or indirectly from intentional or criminal acts. No Coverage or Duty to Defend or Indemnify Under Amendatory Endorsement 2630-B 24. Defendant Bieber intentionally concealed or misrepresented material facts or circumstances relative to the underlying claim, and/or has made false statements to Plaintiff relating to the alleged loss. No Coverage or Duty to Defend or Indemnify Under Applicable Policy Exclusions 25. The alleged physical assault and molestation, and the alleged resultant losses arose out of the business pursuits of Defendant Bieber. 26. The alleged physical assault and molestation, and the alleged resultant losses arose out of Defendant Bieber's professional liability as a day care provider. 27. The basis of the claims against Defendant Bieber in the pending litigation relate to liability she assumed under an unwritten contract or agreement to provide day care services for Jessica Martin. 28. The Policy excludes coverage for personal liability and medical payments relating to the claims raised as a result of the alleged physical assault and molestation. Existence of Actual Case or Controversy 29. An actual controversy as to policy coverage exists between Plaintiff and Defendants within the jurisdiction of this Court, to wit: the pending Lawsuit and claims for -5- the coverage, defense and indemnification of Defendant Bieber and/or Defendant Lucas. 30. Plaintiff requests that this Court determine the rights, status and other legal relations of the parties under the Nationwide Mutual Fire Insurance Company policy. WHEREFORE, Plaintiff, Nationwide Mutual Fire Insurance Company, respectfully requests that this Court adjudicate the rights, status and legal relations of the parties herein with respect to the liability insurance policy, and enter and Order: (a) declaring the Plaintiff is not obligated to provide coverage to, defense for, or indemnification of Defendant Bieber or Defendant Lucas, in connection with or related to the incidents described in the pending civil Complaint filed by Defendants Mark and Jessica Martin; (b) awarding counsel fees, interest and costs to the Plaintiff; (c) permitting Plaintiff to withdraw its defense of Defendant Bieber in the Lawsuit; and (d) awarding such further relief as may be appropriate. Respectfully submitted, By: Brigid Q. Alford, Esq re Supreme Court I. D. 38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company Date: lv(c3?S VERIFICATION I, William H. Mokei, Special Claims Representative of Nationwide Mutual Fire Insurance Company, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, l u)d&g. WilliamH. Mokei Date: 1131 IN TIHE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA RK MARTIN, Individually and as Parent : NO: 00-3320 Natural Guardian of JESSICA MARTIN Plaintiffs VS : CIVIL ACTION - LAW 14AUN M. LUCAS, YVONNE MARTIN and OEY BEMER Defendants : JURY TRIAL DEMANDED NOTICE TO DE FEND You have been sued in Court. If you wish to defend against the claims set forth against ou in *he following_pages,youu_must_take_action within-twenty-(20)-days?er-this-Complaint- nd Notice are served, by entering a written appearance personally or by attorney and f lino in vntin, with the Court your defenses or objections to the claims set forth against you. You are vamed that if you fail to do so the case may proceed without you and a default judgment may be ntemd against you by the Court without further notice for any money claimed in the Complaint ?r for any other claim or relief requested by the ?laintif . You may lose money or property or ether rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT I.11RING LAWYER. IF YOU CANNOT AFFORD TO DIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT LAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 0 FEE. Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 1.1 EXHIBIT A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desca deTendersc de [as luejaz expuestas en las paginas siguientes, debe tomar accion dentro de veime (20) digs a partir le la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en persona o por abo;ado y presenter en la Corte por escrito sus defensas o sus objeciones a las lemandas en su contra. Se le avisa que si no se defiende, el trio puede proceder sin usted y la Corte puedc ecidir cn su contra sin mas aviso o notificacion nor cualquier dinero reclamado en la demanda o or cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE ERDER DINERO, 0 PROPLEDADES U OTROS DER?ECHOS EgPORTANTES PARA DEBERIA LLEVAR ESTE PAPEL A SU ABOGADO DE INMEDIATO. SI JSTED NO TIENE UN A.BOG_4DO 0 SI NO PUEDE PAGAR POR UNO, VALLA O ,LAME A LA OFFICINA ESCRITA ABA,IO P_ P-k AVERIGUAR DONDE PUEDE r,NCONTRAR AYUDA LEGAL. ESTA OFICINA PUEDE PROVEERLE NFORMACION ACERCA DE CONTRATARA UN ABOGADO. SI USTED NO PUEDE 'AGAR POR UN ABOGADO, ESTA OFICINA PUEDE PROVEERLE INFORMACION XERCA DE AGENCI.4S QUE OFRECEN SERVICIOS LEGALES A UN COSTO L',DUCIDO 0 SIN COSTO PAR k PERSONAS QL; E SON CALIFICABLES. Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 13603 Telephone No. (610) 375-4591 1.1 IN Ti-1L- COURT OF COMMON PLEAS 07 BENS COUN. Y, PENNSYLVANIA MAP,K MARTIN, Individually and as Parent : NO: 00-3330 and Natural Guardian of JESSICA Mr1.RTTN Plaintiffs VS : CIVL ACTION - LAW SHAUN M. LUCAS, YVONNE MART 1.N arid JOEY BEBER Defendants : JURY TKA-1 DEMANDF COMPLAINT P,-N'D NOW, COME the Plaintiffs, Mark Martin, Individually and as Pare (Guardian of Jessica Martin, by and throL,ah.their atto-iey_ , john D._Bti-s,_Esqu Kathetman, Br.gos & Greenberg, and respect ull-y aver tl e followin 1. The Plaintiff, Mark Marvin, individually and ?"is parent and natural guald«n of Jcssi i- IMa:tin, is an adult individual residing at 1185 Flower Lvn!, Marysville, Pennsylvania 17053. ?. The De ndanL, Shaun M. Lucas, is ar adul: individual wit: a Last known add_ess of 2631 Hinman Drive, Centervahey, Pennsylvania 18034. 3. The Defendant, Yvonne Martin, is an adult individual with a last known address of 2389 Juniper Drive, Coplay, Pennsylvania 18037. 4. The Defendant, Joey Beiber, is an adult individual with a last known address of 1837 -arlislc Street, Bethlehem, Pennsylvania. 5. At all times material and relevant hereto, Yvonne Martin was the mother and also a ian of minor PWritiff, Jessica Martin, and was responsible for and made the decisions the supervision of Jessica Martin during times when primary custody of Jessica resided with Yvonne Martin. 0014054.1 i 6. At all times material and relevant hereto, Yvonne Martin re;ularly employed and l retained Joey Beiber to serve as a babysitter for Jessica Martin. 7. At all times material and relevant hereto, Defendant, Shaun M. Lucas h-equcntly stayed with Joey Beiber at the residence where Ms. Beiber babysat minor'r'laintiff, Jessica Martin. 8. From approximately the Call o"1997 through the spring of 1998, Defendant, Yvonne Martin, retained and employed Defendant, Joey 3eibe7-, fol. the purposes of babysittin; r.:iner iPlaintif;, Jessica Martin, and did leave minor Plaintiff, Jessica Martin, in the care and custody of Defendant- Jnev Beiber 9. On occasions between January and Mach 1998, after Defendant, Yvonne Martin, left ;minor Plaintiff, Jessica Martin.; in the custody and care o: Defendant, Joey Beiber, Defendant, !Joey Beiber, did in fact leave her residence, and leave minor Plaintiff, Jessica Martin, in the i i !custody and care of Defendant, Shaun M. Lucas. 10. Plaintiff, Mark tilanir., never consented nor agreed to any of the babysitting ents sct f r,'ti herein. 11. Yvonne Martin never consented nor agreed to the leaving of her children with Shaun Lucas. 12. Between January and March o1$1998, while alone with minor Plaintiff, Jessica actin, as aforesaid, Defendant, Shaun M. Lucas, physically assaulted and molested minor ?laintiff, Jessica Martin. 13. Asa result of the incident, the minor Plaintiff sustained or may sustain the following: (a) Past and future pain, suffering, embarrassr.Zeat, humiliation, emotional 54. 1 -2- distress, mental anxiety, and psychological injury; (b) Past and future loss of life's pleasures and enjoyments; (c) Past and future incidental losses; (d) Future loss of earnings and impairment of earning capacity; and (e) Past and future psychological and psychiatric treatment, as well as past and future expenses for the same. 14. As a result of the aforesaid incident, Plaintiff, Mark Martin, has sustained and may sustain reasonable and necessary medical and other expenses through the time of the minor birthday_, which_dama-es_are-herein-claimed 15. Plaintiff, Mark Martin, became aware of tht- aforesaid actions of Shaun M. Lucas in approximately late April 1998. COUNT I MARK MARTIN. Individually and as Parent and Natural Guardian of JESSICA NLARTIN V. SHAUN M. LUCAS ASSAULT 16. The preceding paragraphs of this Complaint are incorporated herein by reference 10hereto as though set forth in full. 17. Defendant, Shaun M. Lucas' actions as described above were intended by Defendant, M. Lucas, to put the minor Plaintiff into a reasonable apprehension of great and immediate cal harm and did, in fact, cause such apprehension in the minor Plaintiff. 18. As a direct and proximate result of the aforesaid assault, the Plaintiff did sustain the nal injuries as described above, all for which damages are herein claimed, WHEREFORE, Plaintiff, Mark Martin, Tndividually and as Parent and Natural Guardian 40024054.1 -3- ofJessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT II MARK MARTIN, Individwilly and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUCAS BATTERY 19. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in full. 20. Defendant, Shaun M. Lucas', conduct as described above constitutes a battery upon the minor Plaintiff, as Defendant, Shaun M. Lucas, did impermissibly touch and molest the minor Plaintiff 21. As a direct and proximate result of the said bart.,:ry, the Plaintiff sustained the personal injuries as described above. WHEREFORE, Plaintif, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay ages. COUNT III MARK MARTIN, Individually and as Parent and Natural Guardian of-JESSICA MARTIN V. SHAUN M. LUCAS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 22. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. -4- 23. The assault and battery of the minor Plaintiff as described above constituted extreme and outrageous conduct on the part of Defendant, Shaun M. Lucas, which was intentional conduct by Defendant, Shaun M. Lucas, designed to cause emotional distress to the minor Plaintiff. 24. The aforesaid conduct by Defendant, Shaun M. Lucas, did, in fact, cause severe emotional distress to the minor Plaintiff as wet l as psychological trauma, at l for which darnaoes are herein claimed. WHERE, FORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against_the-Def,.ndan damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT IV MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN V, SHAUN M. LUCAS PUNITIVE DAM AGES 25. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in M. 26. The conduct of Defendant, Shaun M. Lucas, as described above was intentional and outrageous conduct in blatant disregard for human life and the rights of the Plaintiffs, which it] es the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian f Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory amages in an amount in excess of 550,000, together with interest, costs of suit and delay 54.1 -5- damages. COUNT V MARK MAR IN IndividuAly and as Parent and Natural Guardian of.TESSICA MARTIN V. JOEY REIBER NEGLIGENCE 27. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in full. 28. The incident and the resulting damages to the Plaintiffs were substantially caused by the negligence of Defendant, Joey Beiber, and were in no way caused by any act or failure to act on the part of the Plaintiffs. 29. Defendant, Joey Beiber's, negligence, carelessness and recklessness includes, but is not limited to, the following: (a) Failing to properly supervise Shaun M. Lucas; (b) Allowing Shaun M. Lucas to molest the minor Plaintiff, (c) Allowing Shaun M. Lucas to retrain with the minor Plaintif,`without the presence of an adult; (d) Failing to properly investigate the background and propensities of Defendant, Shaun M. Lucas; (e) Failing to properly supervise and babysit the minor Plaintiff; and (f) Entrusting the care of the minor Plaintiff to Shaun M. Lucas. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay -6- damages. COUNT VY MARK MARTIN Individually and as Parent and Nntural Guardian of JESSICA MARTIN V. JOEY BEIBER PUNITIVE DAMAGES 30. The preceding paragraphs of this Complaint arc incorporated herein by reference thereto as though set forth in full. 31. The conduct of Defendant, Joey Beiber, as desc,ibed above was intentional and outra;eous conduct in blatant disregard for human !ife and the rights of the Plaintiffs, whirl, entitles the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parcnt and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP By: r c n- L Evan J. li e, Esquire Katherman, Brigs & Greenberg, LLP I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 -7- VERIFICA'rTON I verify that the foregoing facts are true upon my personal knowledge, information and belief. This verification is made subject to the penalties of IS Pa. C.S. Section 4904, relatitlg to unswom falsification to authorities. 17 Dated: IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANL& CIVIL DIVISION MARK MARTIN, Individually and as Parent an : NO: 00-3320 datural Guardian of JESSICA MARTIN Plaintiffs vs. HAUN M. LUCAS, YVONNE MARTEN and : CIVIL ACTION - I.AW OEY BEISER Defcndants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date mailed a copy of a Noticc of Deposition directed to )stage to the following: Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Jill R. Snyder, Esquire 100 Brodhead Road, Suite 150 Bethlcherr,, PA 18017-8935 Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Dated: 6/16/04 Respectfully submitted, KATHERMAN, BRIGGS & GREEN13ERG By: a-0 - L?== --- - Evan ne, Esquire Attorney I.D. 970283 7 East Market Street York, PA 17401 (717) 848-3 83 8 Attorney for Plaintiffs 0057782. This Policy contains gxclusions, limitations, and conditions of coverage. ; Please rsad your policy carefully. Protecting your home and possessions against loss from Fire, Windstorm, Theft and other perils ... plus claims arising from Legal Liability. ELITE fl HOMEOWNERS POLICY Homeowners insurance protection you can count on in a policy you can understand. You now have a different kind of insurance policy. One that's readable, understandable, straightforward. We believe you have purchased the best in Homeowners insurance protection-backed by the best in policyholder service. Our pledge is to keep it that way. Should you have a loss-and we hope you don't-please call us at once. Call the toll free number shown on the Declarations. Otherwise, please call your agent, sales representative, or any local claims office. Our claims service starts then. Please take a few minutes to read your new policy. It's most important that you know how you are protected. Should you have any questions about this policy-or any part of your insurance program-your agent or sales representative will welcome your call any time. Thank you for relying on Nationwide. n r, ,1,1E - , `1"^'1 N 10 DEFINITIONS Page KEY POLICY WORDS .. ....... .................................. 2 SECTION I-PROPERTY COVERAGES: Dwelling ..................................... ................. 3 Other Structures .............................. ................. 3 Personal Property ............................. ................. 3 Loss of Use .................................. ................. 4 OTHER COVERAGES ............................ ................. 5 PERILS INSURED AGAINST ..................... ................. 6 Dwelling and Other Structures .................. ................. 6 Personal Property ............................. ................. 6 EXCLUSIONS ................................... ................. 8 CONDITIONS ................................... ................. 8 OPTIONS ....................................... ................. 10 SECTION II-LIABILITY COVERAGES: Personal Liability .............................................. 12 Medical Payments to Others ..................................... 13 EXCLUSIONS .................................................... 13 ADDITIONAL COVERAGES ....................................... 14 CONDITIONS .................................................... 15 EXHIBIT SECTIONS I AND II GENERAL POLICY CONDITIONS .................................. 16 OPTIONS ........................................................ 17 1 P -A % I MUTUAL POLICY CONDITIONS Membership in this Company ........................................ 18 Nationwide Mutual Fire Insurance Company/Home Office: One Nationwide Plaza, Columbus, Ohio 43215-2220 Fire 2502 (2-04) Nationwide's Homeo I wners Policy (,R Au 1?.Lj??l-i1 1 We will provide the insurance described in this policy, which includes the Declarations, in return for the premium and compliance with all policy provisions. DEFIM T iOi iS "You" and "your" refer to the named insured shown in this policy, and the spouse who lives in the same household. "We", "us", and "our" refer to the company. Certain words and phrases are defined as follows: i. "Bodily Injury" means bodily harm, sickness or disease, including resulting care, loss of services and death. 2. "Business" includes trade, profession, or occupation. An office, school, studio, barber or beauty shop of an insured on the residence premises is not a business if its occupancy is described in the policy. 3. "Insured" means you and the following who live in your household: a. your relatives. b. any other person under age 21 and in the care of you or your relatives. Under Section II. "insured" also means: c. with respect to covered animals or watercraft, a person or entity legally responsible for them. They must be owned by an insured. A person or entity using or having custody of these animals or watercraft in the course of a business, or without permission of the owner, is not an insured. d. with respect to a covered vehicle, a person while engaged in your employment or that of an insured. 4. "Insured location" means: a. the residence premises. b. the part of any other premises, structures, and grounds used by you as a residence and shown in the policy; also any of these acquired by you during the policy period for your use as a residence. c. a premises you use with premises defined in 4a or 4b. d. a part of a premises, not owned by an insured, where an insured is temporarily living. e. vacant land, other than farm land, owned by or rented to an insured. f. land, other than farm land, owned by or rented to an insured on which a one- or two-family dwelling is being built as a residence for an insured. g. cemetery plots or burial vaults of an insured. h. a part of a premises rented on occasion to an insured for purposes other than business. Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office. 1975. 1977. 2 (Attach Declarations and Endorsements Here) 5. "Motor vehicle" means: a. a motorized land vehicle including motorized bicycles or mopeds designed for travel on public roads or subject to motor vehicle registration. A vehicle in dead storage on an insured location is not a motor vehicle. b. a trailer or semi-trailer designed for travel on public roads and subject to motor vehicle registration. for c. a motorized golf cart, snomobile or other motorized lan public roads, while off an insured locationhAlmoC ri ed golf cart while nbeiingloperdat d recreational use off ff to or from, or on the premises of a golf course is not a motor vehicle. d. any vehicle while being towed by or carried on a vehicle defined in 5a, 5b or 5c. 6. "Property damage" means physical injury to or destruction of tangible property. This includes resulting loss of its use. 7. "Residence employee" means an employee of an insured who performs duties in connection with maintenance or use of the residence premises. This includes household or domestic services or similar duties elsewhere not in connection with the business of an insured. 8. "Residence premises" means the one- or two-family dwelling, other structures and grounds: or that part of any other building where you live, shown as the residence premises on the Declarations. 9. "Occurrence" means bodily injury or property damage resulting from: a. one accident: or b. continuous or repeated exposure to the same general condition. 10. "Aircraft" means any machine or device capable of atmospheric flight, except models. SECTION ]-PROPERTY COVERAGES COVERAGE A-DWELLING We cover: a. the dwelling on the residence premises shown on the Declarations and mainly used as a private residence. including attached structures and attached wall-to-wall carpeting. b. materials or supplies on or adjacent to the residence premises for use in construction, alteration or repair of: (1) the dwelling; or (2) other insured structures on the residence premises. COVERAGE B-OTHER STRUCTURES We cover other structures on the residence premises. They must be separated from the dwelling by clear space. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered other structures. The limit of liability for this coverage is stated on the Declarations. We do not cover other structures: a. used in whole or in part for business purposes. b. rented or held for rental to anyone, unless used solely as a private garage. COVERAGE C-PERSONAL PROPERTY We cover personal property owned or used by an insured at the residence premises. At your request, we will cover personal property owned by others. It must be on the part of the residence premises occupied by an insured. We will also cover, at your request, personal property owned by a guest or residence employee. This applies only in a residence occupied by an insured. Our limit of liability for personal property while away from the residence premises is 10 percent of the limit of liability for Coverage C or $1000, whichever is greater. Personal property in transit to, or in, a newly acquired principal residence is not subject to this limit for 30 days. The 30 days start right after you begin to move the property. This limit does not apply to: personal property removed from the residence premises due to covered loss. 3 SPECIAL LIMITS OF LIABILITY. The special limit, shown on the Declarations for each numbered category, is the total limit for each occurrence for all property in that category. They do not increase the personal property limits of liability. The following special limit categories apply only to theft losses of: 1. jewelry, watches, furs, and precious and semi-precious stones. 2. cameras, including accessories. 3. guns, including accessories. 4. tools (this limit does not apply to lawn and garden tools). 5. silverware, silver-plated ware, goldware. gold-plated ware, and pewterware. The following special limit categories apply to all covered losses of: 6. money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum, coins and medals. 7. securities, accounts, bills, deeds, documents, evidences of debt, letters of credit, notes other than bank notes, passports, stamps, and tickets. 8. watercraft including their trailers, furnishings, equipment, and outboard motors. 9. trailers not used with watercraft. 10. manuscripts. 11. computers, including hardware and software accessories. 12. business property. PROPERTY NOT COVERED. We do not cover: 1. articles separately described and specifically insured in this or any other insurance. 2. animals while away from the residence premises. 3. house trailers. 4. motor vehicles, except trailers and those used to service an insured's residence which are not licensed for road use. 5. accessory equipment while mounted on, attached to, in or on a motorized land vehicle, whether furnished by the manufacturer or an individual. Tapes or similar items in or on a motorized land vehicle shall not be considered accessory equipment. 6. aircraft and parts. 7. property of roomers, boarders, and other tenants. This does not include property of roomers and boarders related to an insured. 8. property in an apartment regularly rented or held for rental to others by an insured. 9. property rented or held for rental to others away from the residence premises. 10. business property away from the residence premises. COVERAGE D-LOSS OF USE The coverage limit is the total limit for all of the following: 1. Additional Living Expense. If a covered loss requires you to leave the residence premises, we cover the required increase in living expenses you incur to maintain your normal standard of living. Payment will be for the shortest time required to repair or replace the premises; or, if you permanently relocate, for the shortest time required for your household to settle elsewhere. This period of time is not limited by the end of this policy term; and 2. Fair Rental Value. If a loss covered under this section requires occupants to leave that part of the residence premises rented to others or held for rental, we cover its fair rental value. Payment will be for the shortest time required to repair or replace this part of the premises. This does not include expense that does not continue while the part of the residence premises is uninhabitable. This period of time is not limited by the end of this policy term; and 3. Prohibited Use. A civil authority may prohibit your use of the residence premises because of direct damage to neighboring premises by a peril insured against in this policy. We cover the resulting Additional Living Expense and Fair Rental Value loss for up to two weeks while use is prohibited. We do not cover loss or expense due to cancellation of a lease or agreement. No deductible applies to this coverage. 4 S I-OTHER COVERAGES 1. Debris Removal. We will pay reasonable expense you incur removing debris of covered property. if the peril causing the loss is covered. An additional 5 percent of the limit of liability for the damaged property will be available when the amount payable for the property loss plus the debris removal exceeds the limit of liability. 2. Reasonable Repairs. We will pay reasonable cost you incur for necessary repairs made solely to protect covered property from further damage, if the peril causing the loss is covered. This expense is included in the limit of liability applying to the damaged property. 3. Trees, Shrubs, Plants, and Lawns. We cover trees, shrubs, plants, or lawns on the residence premises for loss caused by the following perils: fire and lightning. explosion, riot or civil commotion. aircraft. vehicles not owned or operated by a resident of the residence premises, vandalism or malicious mischief. collapse of a building, or theft. Liability is limited to 5 percent of the limit of liability that applies to the dwelling for all trees, shrubs. plants, and lawns. It is limited to 5500 for one tree, shrub, or plant. This coverage may increase the limit of liability. We do not cover property grown for business purposes. 4. Fire Department Service Charge. (Not applicable in Arizona.) We will pay up to the amount stated on the Declarations your liability under contract or agreement for customary fire department charges. This applies when the charges result from the fire department being called to save or protect covered property from a covered peril. No deductible applies to this coverage. 5. Property Removed. This applies to covered property in danger from a covered peril for direct-loss from any cause. The property is covered while being removed and for 30 days while removed. This does not change the coverage limit. 6. Credit Card, Electronic Fund Transfer Card and Forgery Coverage. We will pay up to the amount stated on the Declarations for: a. the legal obligation of an insured to pay because of theft or unauthorized use of credit cards (including Electronic Fund Transfer Cards) issued to or registered in an insured's name. However, we do not cover use by a resident of your household, a person entrusted with the credit card (Electronic Fund Transfer Card), or any person if an insured has not complied with all terms and conditions under which the credit card (Electronic Fund Transfer Card) is issued. b. loss to an insured caused by forgery or alteration of a check or negotiable instrument. c. loss to an insured through good faith acceptance of counterfeit United States or Canadian paper currency. We do not cover loss arising out of business pursuits. or dishonesty of any insured. No deductible applies to this coverage. Defense: We may make any investigation and settle any claim or suit as we decide is appropriate. Our obligation to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. If a claim is made or a suit is brought against an insured for liability under the Credit Card. Electronic Fund Transfer Card and Forgery Coverage, we will provide defense at our expense by counsel of our choice. We may defend at our expense an insured or an insured's bank against a suit for the enforcement of payment under the forgery coverage. 7. Inflation Protection Coverage. If the Declarations show this coverage applies, we will adjust the limit of liability on the Declarations for Section I-Coverages. The limit of liability will change as the appropriate index, shown on the Declarations, changes. We will compare the latest available index to the index as of the effective date of this policy. We will adjust the limit of liability by the percentage change in the index. It is further geed that the premium for this policy at the next anniversary date shall be for the adjusted limits of liability. If you request a change in the dwelling limit of liability, the effective date of this coverage will be amended to be the effective date of that change. This coverage will not reduce our limit of liability during the current policy term below that for which premium was paid. Consequential Loss. We cover insured personal property in a building at the residence premises for loss due to temperature change resulting from power interruption. There must be damage to the residence premises caused by a covered peril. If a covered peril causes a power interruption, off the residence premises, we will pay up to 6500 for loss of food in a freezer due to temperature changes. Lock Replacement. We will pay up to 6100 to replace the exterior door locks on your residence premises with deadbolt locks. This coverage applies only if the keys to your residence premises are stolen. No deductible applies to this coverage. SECTION I-PERILS INSURED AGAINST COVERAGE A-DWELLING AND COVERAGE B-OTHER STRUCTURE We cover direct physical loss to property described in Coverages A and B except that caused by: 1. losses excluded under Section I-Exclusions. 2. freezing of a plumbing, heating or air conditioning system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing, while the dwelling is vacant, unoccupied or being constructed unless you have used reasonable care to: a. maintain heat in the building; or b. shut off the water supply; and c. drain the system and appliances of water. 3. theft in or to a dwelling under construction. or of materials and supplies for use in the construction until the dwelling is completed and occupied. 4. vandalism and malicious mischief or breakage of glass and safety glazing materials if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. 5. continuous or repeated seepage or leakage of water or steam over a period of time from within a plumbing, heating or air conditioning system or from within a household appliance. 6. wear and tear; marring; deterioration; inherent vice; latent defect; mechanical breakdown; rust; mold; wet or dry rot; contamination; smog; smoke from agricultural smudging or industrial operations; settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings; birds, vermin, rodents, insects or domestic animals. If any of these cause water to escape from a plumbing, heating or air conditioning system or household appliance, we cover loss caused by the water. We also cover the cost of tearing out and replacing any part of a building necessary to repair the system or appliance. We do not cover loss to the system or appliance from which this water escaped. 7. freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to: a. fences, pavements, patios. b. swimming pools, foundations, retaining walls. c. bulkheads, piers, wharves, or docks. Under items 2 thru 7, any ensuing loss not excluded is covered. COVERAGE C-PERSONAL PROPERTY We cover direct physical loss to property described in Coverage C caused by: 1. fire and lightning. 2. windstorm or hail. Direct loss caused by rain, snow, sleet, sand, or dust driven through roof or wall openings made by direct action of wind, hail, or other insured peril is covered. This peril includes loss to: a. rowboats and canoes inside or outside a building. b. other watercraft and their trailers, furnishings, equipment. and outboard motors, while inside a fully enclosed building. 3. explosion. 4. riot or civil commotion. 5. aircraft, missiles propelled and spacecraft. 6 6. vehicles. 7. sudden and accidental damage from smoke. This does not include loss due to smoke from farm or industrial operations. 8. vandalism or malicious mischief. This peril does not include loss to property on the residence premises if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. 9. theft, including attempted theft. Loss of property from a known location when it is likely the property was stolen is covered. Loss of precious or semi-precious stones from their settings are not covered. This peril does not include loss caused by theft: a. committed by an insured. b. in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is completed and occupied. c. of money, securities. stamps. jewelry, watches. gems, articles of gold, silver. or platinum from any part of a residence premises usually occupied solely by an insured while rented to other than an. insured. This peril does not include loss caused by theft that occurs away from the residence premises of: a. property while at any other residence owned bv, rented to, or occupied by an insured. except while an insured is temporarily living there. Property of an insured student is covered at a residence away from home if the student has been there within 45 days prior to the loss. b. trailers and campers. c. watercraft, including its furnishings. equipment. and outboard motors. 10. falling objects. This peril does not include loss to: a. property in a building, unless the roof or an exterior wall of the building is first damaged by a falling object. b. the falling object itself. 11. weight of ice, snow, or sleet. 12. collapse of a building or any part of a building. Collapse does not include settling, cracking, shrinking. bulging or expansion. 13. accidental discharge or overflow of water or steam from within a plumbing, heating, or air conditioning system or from within a household appliance. This peril does not include loss: a. due to continuous or repeated seepage or leakage. b. on the residence premises if the dwelling is vacant or unoccupied, unless you have used reasonable care to maintain heat in the building or have shut off the water supply and drained the system and appliances of water. c. to the system or appliance from which the water or steam escaped. 14. accidental electrical damage to electrical appliances, devices, fixtures, and wiring. This peril does not include loss to transistors and tubes, including picture tubes. 15. sudden and accidental tearing apart, cracking, bursting or bulging of: a. a steam or hot water heating system; b. an air conditioning system: or c. an appliance for heating water. Freezing is not covered under this peril. 16. freezing of a plumbing, heating or air conditioning system or of a household appliance. This peril does not include loss on the residence premises while unoccupied or vacant unless you have used reason- able care to: a. maintain heat in the building; or b. shut off the water supply; and c. drain the system and appliances of water. 7 SECTION I-EXCLUSIONS We do not cover loss resulting directly or indirectly from: 1. earth movement and volcanic eruption. Earth movement means: earthquake; landslide; mudslide; earth shifting, rising or sinking. Volcanic eruption means: eruption; explosion; or discharge from a volcano. Resulting direct loss by fire, explosion. theft or breakage of glass which is part of the building is covered. 2. water damage. meaning: a. flood, surface water. waves, tidal water, overflow of a body of water, or spray from these, whether or not driven by wind. b. water which backs up through sewers or drains. c. water below the surface of the ground. including water which exerts pressure on, seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool, or other structure. Resulting direct loss by fire, explosion, or theft is covered. 3. neglect of the insured to use all reasonable means to save and preserve property at and after the time of a loss, or when property is endangered by a covered peril. 4. war or warlike acts. This includes insurrection, rebellion or revolution. Discharge of a nuclear weapon is a warlike act, even if accidental. 5. nuclear hazard, to the extent set forth in the Nuclear Hazard Clause of Section I-Conditions. 6. anv loss occurring while the hazard is increased by a means within the control or knowledge of an insured. 7. intentional acts meaning a loss resulting from an act committed by or at the direction of an insured if there is intent to cause a loss. Such an act excludes coverage for all insureds. 8. ordinance or law, meaning enforcement of any ordinance or law regulating the construction, repair, or demolition of a building or other structure. SECTION I-CONDMONS 1. Insurable Interest and Limit of Liability. Even if more than one person has an interest in the property covered, we will not be liable: a. to the insured for more than the insured's interest. b. for more than the limit of liability. 2. Your Duties after Loss. In case of a loss. you must: a. give immediate notice to us or our agent: in case of theft also to the police. In case of loss under the credit card coverage, also notify the credit card (Electronic Fund Transfer Card) company. b. protect the property from further damage. You must make repairs required to protect the property; also, keep a record of repair expenses. c. prepare a list of damaged personal property showing in detail the quantity, description, actual cash value, and amount of loss. Attach all bills and receipts that support the figures. d. as often as we reasonably require: 1) exhibit the damaged property; (2) submit to an examination under oath. and (3) provide records and documents we request and permit us to make copies. e. submit to us, within 60 days after we request, your signed, sworn proof of loss which sets forth. to the best of your knowledge and belief: (1) the time and cause of loss. (2) interest of the insured and all others in the property involved and all liens on the property. (3) other insurance that may cover the loss. 8 (4) changes in title or occupancy of the property during the.term of the policy. . (5) detailed estimates for repair of damage. (6) a list of damaged personal property described in 2c. (7) receipts for additional living expenses and records supporting the fair rental value loss. (8) evidence or affidavit supporting a claim under the Credit Card. Electronic Fund Transfer Card and Forgery Coverage. It should state the amount and cause of loss. 3. Loss Settlement. Covered losses are settled, up to the limit of liability applicable, as follows: a. personal property and structures that are not buildings. b. carpeting and cloth awnings. c. outdoor antennas, whether or not attached to the building. d. home appliances; unless built in as part of the dwelling: at actual cash value at the time of loss, up to the amount needed to repair or replace. e. buildings in Coverage A or B at replacement cost without deduction for depreciation, subject to the following: (1) When the cost to repair or replace the damage is more than 1,1000 or more than percent of the amount of insurance in this policy on the building, whichever is less, we will pay no more than the actual cash value of the damage until repair or replacement is made. (2) You may claim loss or damage to buildings on an actual cash value basis. N'ou may make claim within 180 days after loss for any added loss on a replacement cost basis. 4. Loss to a Pair or Set. In case of loss to a pair or set we may elect to: a. repair or replace a part to restore the pair or set to its value before the loss: or b. pay the difference between actual cash value of the property before and after the loss. 5. Appraisal. If you and we fail to agree on the amount of loss, either can demand that the amount be set by appraisal. If either makes a written demand for appraisal, each will select a competent, independent appraiser and notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers will then select a competent, impartial umpire. If the two appraisers cannot agree on an umpire within 1.3 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire. The appraisers will then set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If the appraisers fail to agree within a reasonable time, they will submit their differences to the umpire. Written agreement signed by any two of these three will set the amount of the loss. Each appraiser will be paid by the party selecting that appraiser. Other expenses of the appraisal and the compensation of the umpire will be paid equally by you and us. 6. Other Insurance. If a loss covered by this policy is also covered by other insurance. we will pay- only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss. 7. Suit Against Us. No action can be brought unless there has been compliance with the police provisions and the action is started within one year after the date of loss or damage. 8. Our Option. If we give you written notice within 30 days after we receive your signed, sworn proof of loss. we may repair or replace any part of the property damaged with equivalent property. 9. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy to receive payment. Payment will be made within 60 days after we receive your proof of loss and: a. reach agreement with you; or b. there is an entry of a final judgment; or c. there is a filing of an appraisal award with us. 10. Abandonment of Property. We need not accept property abandoned by an insured. 9 11. Mortgage Clause. The word "mortgagee" includes Trustee.' If a mortgagee is named in this policy, a loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order or precedence of the mortgages. If we deny your claim. that denial will not apply to a valid claim of the mortgagee, if the mortgagee: a. notifies us of change in ownership, occupancy. or substantial change in risk of which the mortgagee is aware. b. pays premium due under this policy on demand, if you have neglected to pay the premium. c. submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so. Policy conditions relating to Your Duties After Loss. Appraisal. Suit Against Us, and Loss Payment apply to the mortgagee. If we cancel the policy, the mortgagee will be notified at least 10 days before the cancellation takes effect. If we pay the mortgagee for a loss and deny payment to you: a. we are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or b. at our option. we may pay to the mortgagee the whole principal on the mortgage plus accrued interest. In this event, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim. 12. No Benefit to Bailee. This insurance does not benefit a person or organization that is caring for or handling your property for a fee. 13. Nuclear Hazard Clause. "Nuclear Hazard" means any nuclear reaction, radiation, or radioactive contamination. all whether controlled or uncontrolled or however caused, or a consequence of any of these. Loss caused by the nuclear hazard will not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the covered perils in Section I. This policy does not apply under Section I to loss caused directly or indirectly by nuclear hazard, except direct loss by fire resulting from the nuclear hazard. 14. Cellar and Foundation Clause (Ohio only). You may apply up to 10 percent of the limit of liability applicable to the dwelling to cover cellar or foundation walls. 15. Glass Replacement. We will replace covered glass using safety glazing materials when required by ordinance or law. SECTION I-OI'70,"AS The following options apply only if they are indicated on the Declarations. They are subject to all provisions of this policy. Option A. The coverage for jewelry, watches and furs is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown. (2) gradual deterioration, inherent vice. (3) insects or vermin. "' ' (4) losses excluded under Section I-Exclusions. Option B. The coverage for guns, including accessories is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) insects or vermin. (3) refinishing, renovating or repairing. (4) dampness or temperature extremes, rust, fouling or explosion. (5) inherent defect or faulty manufacture. (6) breakage, marring, scratching, tearing, or denting; unless caused by fire, thieves or vehicular accident. (7) losses excluded under Section I-Exclusions. 10 Option C. The coverage. for cameras, including accessories is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) renovating or repairing, rust, dampness or temperature extremes. (3) inherent defect or faulty manufacture, insects or vermin. (4) breakage, marring, scratching, tearing, or denting; unless caused by fire. thieves or vehicular accident. (5) losses excluded under Section I-Exclusions. The limits of liability for property covered by Option A, B or C are amended as follows: The option's limit of liability is shown on the Declarations. Other than loss by theft, it is in addition to the Personal Property limit of liability for losses by a Personal Property Peril Insured Against. It is the total limit, with a $1000 maximum limit for any one item, for loss by: a. theft: or b. a covered peril other than the Personal Property Perils Insured Against. Option D. The coverage and limits of liability for silverware, silver-plated ware, goldware. gold-plated ware and pewterware is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) renovating or repairing, rust, dampness or temperature extremes. (3) inherent defect or faulty manufacture, insects or vermin. (4) breakage, marring, scratching,. or denting; unless caused by fire, thieves or vehicular accident. (5) losses excluded under Section I-Exclusions. This option's limit of liability is shown on the Declarations. Other than loss by theft, it is in addition to the Personal Property limit of liability for losses by a Personal Property Peril Insured Against. It is the total limit for loss by: a. theft; or b. a covered peril other than the Personal Property Perils Insured Against. Option E. The special limit of liability applying to tools is increased to the amount shown on the Declarations. Option F. The special limit of liability on money. bank notes, bullion. gold (other than goldware), silver (other than silverware), platinum, coins and medals is increased to the amount shown on the Declarations. Option G. The special limit of liability on securities, accounts, bills, deeds, documents, evidences of debt. letters of credit, notes other than bank notes, passports, stamps, and tickets is increased to the amount shown on the Declarations. Option H. The special limit of liability on computers, including hardware and software accessories is increased to the amount shown on the Declarations. Option I. Extended Replacement Cost Coverage. Loss to the following property shall be settled at replacement cost or the full cost of repair without deduction for depreciation: (1) property covered under Coverage C-Personal Property. (2) outdoor antennas, carpeting, home appliances, and awnings. "Replacement Cost" means the cost, at the time of loss, of a new article identical to the one damaged or stolen. When the identical article is no longer available, replacement cost shall mean the cost of a new article similar to that damaged or stolen. It must be of comparable quality and usefulness. Our liability for loss under this coverage shall not exceed the smallest-of the following amounts: (1) replacement cost at time of loss. (2) full cost of repair. (3) 400 percent of actual cash value at time of loss. 11 (4) any special limits of liability described in the policy or attached endorsements. (5) our cost to repair or replace any part of the damaged or stolen property with equivalent property. You may elect not to repair or replace some or all of the damaged or stolen property. You may also elect not to have us repair or replace some or all of the damaged or stolen property. Settlement will be based on actual cash value for those items. If you later decide to repair or replace those items of damaged or stolen property, you may make an additional claim within 180 days after the loss for the difference between the items' actual cash value and the amount payable if repaired or replaced. This coverage does not apply to: (1) manuscripts, antiques, or fine arts which by their inherent nature cannot be replaced with new articles. (2) memorabilia, souvenirs, collectors' items, and other items whose age and history contribute substantially to their value. (3) property not maintained in good or workable order. (4) property which is obsolete or useless to you at time of loss. The actual cash value provisions of this policy apply to the preceding items 1 thru 4. This option does not increase this policy's limit of liability. Option J. Replacement Cost Guarantee (Dwelling). When a loss covered by this policy occurs, we will pay the lesser of: (1) the full replacement cost of the dwelling in which you live. described in your policy, for equivalent construction and use on the same premises; or (2) the amount actually and necessarily spent to repair or replace such dwelling. This is regardless of the policy limits in effect on the date of loss: subject to applicable deductibles and the following special conditions: SPECIAL CONDITIONS You must: (1) insure the dwelling in which you live, described in your policy, to 100 percent of its replacement cost; and (2) accept annual adjustments in the dwelling coverage limit of liability due to the Inflation Protection Coverage; pay the premium charged; and (3) notify us within 90 days of the start of any physical improvements or additions which increase the value of your dwelling by $5000 or more, and pay any additional premium due. You must comply with these special conditions; or, we will pay no more than the policy limits in effect on the date of loss, less applicable deductibles. This guarantee applies only to the dwelling insured under this policy identified as location N1. Option K. The special limit of liability on business property is increased to the amount shown on the Declarations. Option L. Protective Device Credit. For a premium credit, we acknowledge the installation of qualified protection devices on the residence premises. You agree to: (1) maintain these devices in working order; and (2) notify us promptly, of any changes made in the devices or if they are removed. SECTION 11-LIABILITY COVERAGES COVERAGE E-PERSONAL LIABILITY We will pay damages the insured is legally obligated to pay due to an occurrence. We will provide a defense at our expense by counsel of our choice. We may investigate and settle any claim or suit. Our duty to defend a claim or suit ends when the amount we pay for damages equals our limit of liability. 12 COVERAGE F-MEDICAL PAYMENTS TO OTHERS We will pay the necessary medical and funeral expenses incurred within three years after an accident causing bodily injury. This coverage does not apply to you. It does not apply to regular residents of your household. It does apply to residence employees. This coverage applies to others as follows: a. to a person on the insured location with the consent of an insured. b. to a person off the insured location, if the bodily injury: (1) arises out of a condition in the insured location. (2) is caused by the activities of an insured. (3) is caused by a residence employee of an insured. (4) is caused by an animal owned by or in the care of an insured. SECTION H-EXCLUSIONS 1. Coverage E-Personal Liability, and Coverage F-Medical Payments to Others do not apply to bodily injury or property damage: a. which is expected or intended by the insured. This exclusion does not apply to corporal punishment of pupils. b. arising out of business pursuits of an insured, or the rental or holding for rental of any part of any premises by an insured. Exceptions, if any, are noted on the Declarations. This exclusion does not apply to: (1) activities normally considered non-business. (2) the rental or holding for rental of a residence of-yours: (a) on an occasional basis for the exclusive use as a residence. (b) in part, unless intended for use as a residence by more than two roomers or boarders. (c) in part, as an office, school, studio, barber or beauty shop. (d) in part, as a private garage. (3) occasional or part time self-employed business pursuits of an insured under 19 years old (age 23 if a full-time student). c. arising out of any professional liability except teaching. d. arising out of premises owned or rented to an insured but not an insured location. e. arising out of the ownership, maintenance, or use of: (1) an aircraft. (2) a motor vehicle owned or operated by, or rented or loaned to an insured. (3) a watercraft owned by or rented to an insured: (a) if the watercraft has inboard or inboard-outdrive motor power of more than 50 horsepower. (b) if it is a sailing vessel, with or without auxiliary power, 26 feet or more in overall length. (c) while rented to others. (d) while being used to carry persons or property for a fee. (e) while being used without an insured's permission. (f) while being used in an official race or speed test. This exclusion does not apply to sailboats. (g) if it is an airboat, air cushion or similar type watercraft. f. caused by war or warlike acts, including insurrection, rebellion or revolution. Discharge of a nuclear weapon is a warlike act, even if accidental. Exclusion a (3) does not apply while the watercraft is stored. Exclusions d and a (2) and (3) do not apply to bodily injury to any residence employee arising out of and in the course of employment by an insured. 13 2. Coverage E-Personal Liability does not apply to: ' a. liability assumed under any unwritten contract or agreement, or by contract or agreement in connection with any business of the insured. b. property damage to property owned, produced or distributed by an insured. C. property damage to property rented to, occupied or used by, or in the care of an insured. This exclusion does not apply to property damage: (1) caused by fire, smoke, or explosion; or (2) to house furnishings or premises rented to, occupied or used by or in the care of an insured for which an insured is legally liable. d. bodily injury to a person eligible to receive benefits required to be provided or voluntarily provided by the insured under the following: a workers' or workmen's compensation, non-occupational disability, or occupational disease law. e. bodily injury or property damage for which an insured under this policy also is an insured under a nuclear energy liability policy: or would be an insured but for its termination upon exhaustion of its limit of liability. f. bodily injury to an insured as defined in Definitions 3a and 3b. 3. Coverage F-Medical Payments to Others does not apply to bodily injury: a. to a residence employee if it occurs off the insured location. It does apply if the bodily.injury arises out of the residence employee's employment by an insured. b. to a person eligible to receive benefits required to be provided or otherwise provided under the following: workers' or workmen's compensation, non-occupational disability, or occupational disease law. c. from a nuclear reaction, radiation or radioactive contamination, or a consequence of any of these. It does not matter that these are controlled or uncontrolled. We cover the following in addition to the limits of liability: 1. Claim Expenses. We pay: a. expenses we incur and costs taxed against an insured in a suit we defend. b. premiums on bonds required in a suit we defend. This does not include bond amounts greater than the limit for Coverage E. We are not obligated to apply for or furnish a bond. c. reasonable expenses incurred by an insured at our request. This includes actual loss of earnings (but not loss of other income) up to S100 per day for assisting us in the defense of a claim or suit. d. interest on the entire judgment. This must accrue after entry of the judgment. It must accrue before-we pay or deposit in court that part of the judgment which does not exceed the coverage that applies. 2. First Aid Expenses. We will pay expenses for first aid to others incurred by an insured for bodily injury covered under this policy. We will not pay for first aid to you or any other insured. 3. Damage to Property of Others. We will pay up to $1000 per occurrence for property damage to property of others caused by an insured. We will not pay for property damage: a. to property covered under Section I. b. caused intentionally by an insured who is age 13 or older. c. to property owned by or rented to an insured, a tenant of an insured, or a resident in your household. d. arising out of: (1) business pursuits. (2) an act or omission in connection with a premises owned, rented, or controlled by an insured, other than the insured location. (3) the ownership, maintenance, or use of a motor vehicle, aircraft or watercraft. 14 4. Accidental Death Benefits. We will pay to the estate of the deceased the amount shown in the policy for accidental loss of life to an insured. Death must be caused solbly by accident. Accident means an event which is sudden, unforeseen, and unintended. Death must be within 90 days of the accident. It must result directly from bodily injury suffered on the residence premises. Death must be independent of other causes. The adult benefit applies beginning at age 18. We will not pay where death results directly or indirectly, wholly or in part, from any of the following causes: a. disease, bodily or mental illness. b. medical or surgical treatment for disease, bodily or mental illness. c. infection unless it results from a visible wound. It must be resulting from an accident which happened at the residence premises. d. suicide, whether deceased was sane or insane. e. sensitivity to drugs or an overdose of drugs. f. taking poison or inhaling gas, voluntarily. g. war or an act of war, declared or undeclared. It does not matter whether the insured is in military service or not. SECTION 11-COQ` D i iO)NS 1. Limits of Liability. Our total liability under Coverage E stated in this policy for all damages resulting from one occurrence will not exceed the limit for Coverage E stated in this policy. This is true regardless of the number of insureds, claims made or persons injured. Our total liability under Coverage F for all medical expense for bodily injury to one person resulting from one accident will not exceed the limit for Coverage F stated in this policy. 2. Severability of Insurance. This insurance applies separately to each insured. This condition will not increase our limit of liability for one occurrence. 3. Duties after Loss. In case of an accident or occurrence, the insured will perform the following duties that apply. You will cooperate with us in seeing that these duties are performed: a. Give notice to us or our agent as soon as practicable setting forth: (1) identity of the policy and insured. (2) the time. place, and facts of the accident or occurrence. (3) names and addresses of the claimants and witnesses. b. Forward to us every document relating to the accident or occurrence. c. At our request, assist in: (1) making settlement. (2) enforcing a right of contribution or indemnity against a person or entity who may be liable to an insured. (3) conducting suits, and attending hearings and trials. (4) giving evidence and asking witnesses to attend. d. Under the coverage-Damage to Property of Others-submit to us, within 60 days after the loss, a sworn proof of loss and exhibit the damaged property, if within the insured's control. e. The insured shall not, except at the insured's own cost, voluntarily make a payment, assume an obligation, or incur an expense other than for first aid to others at the time of the bodily injury. f. Under the coverage-Accidental Death Benefits: (1) you agree to authorize us to receive medical reports and copies of supporting records. (2) we have the right and opportunity to make an autopsy where not forbidden by law. (3) coverage ends on its nearest anniversary date to an insured reaching his 65th birthday. 4. Duties of an Injured Person-Coverage F-Medical Payments to Others. The injured person or someone on behalf of the injured person will: a. give us written proof of claim, under oath if required, as soon as possible. b. authorize us to obtain copies of medical reports and records. The injured person will submit to physical examination by a physician we select. This may be as often as we require with good reason. 15 5. Payment of Claim-Coverage F-Medical Payments to Others. Payment under this coverage is not an admission of liability by an insured or us. 6. Suit Against Us. No action can be brought against us unless there has been compliance with the policy provisions. No one has a right to join us as a party to an action against an insured. No action with respect to Coverage E can be brought against us until the obligation of the insured has been determined by final judgment or agreement signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insolvency of an insured will not relieve us of our obligations under this policy. 8. Other Insurance-Coverage E-Personal Liability. This insurance is excess over other valid and collectible insurance. This does not apply to insurance written as excess over the limits of liability that apply in this policy. SECTION I AND SECTION Ii-CONDITIONS 1. Policy Period. This policy applies only to loss under Section I or Section I I which occurs while the policy is in force. 2. Concealment or Fraud. We do not provide coverage for an insured who has by design concealed or misrepresented a material fact or circumstance relating to this insurance. .3. Liberalization Clause. If we adopt a revision which would broaden the coverage under this policy without added premium. the broadened coverage will apply to this policy at once. 4. Waiver or Change of Policy Provisions. A waiver or change of a part of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights. 5. Continuous Renewal Policy Provisions. If the Declarations indicate this is a continuous renewal policy, the policy becomes effective on the date shown. It may be continued in force as long as the premiums required are paid, subject to the rates, rules and forms then in effect. 6. Cancellation. You may cancel this policy at any time by returning it to us or by notifying us in writing of the date cancellation is to take effect. We may cancel this policy only for the reasons stated in this condition by notifying you in writing of the date cancellation takes effect. This cancellation notice will be mailed to you at your address shown in the policy. Proof of mailing will be proof of notice. a. When you have not paid the premium, whether payable to us or our agent or under a finance or credit plan. we may cancel at any time by notifying you at least 10 days before cancellation takes effect. b. When this policy has been in effect less than 60 days and is not a renewal with us. we may cancel for any reason by notifying you at least 10 days before cancellation takes effect. c. When this policy has been in effect 60 days or more, or at any time if it is a renewal with us, we may cancel if: (1) there has been a material misrepresentation of fact which if known to us would have caused us not to issue the policy; or (2) the risk has changed substantially since the policy was issued. This can be done by notifying you at least 30 days before cancellation takes effect.. d. When this policy is written for a period longer than one year, we may cancel for any reason at its anniversary by notifying you at least 30 days before cancellation takes effect. When this policy is cancelled, the premium for the period from the date of cancellation to the premium payment date will be refunded. The return premium will be pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a reasonable time after cancellation takes effect. 7. Nonrenewal. We may elect not to renew this policy. We may do so by mailing to you, at your mailing address shown in this policy. written notice at least 30 days before the renewal date of this policy. Proof of mailing shall be proof of notice. 8. Policy Transfer. You may transfer this policy to another only with our written consent. 9. Subrogation. When we pay a loss, an insured's right to recover from someone else becomes ours up to the amount we paid. An insured must protect these rights and help us enforce them. This condition does not apply to "Medical Payments to Others" or the "Damage to Property of Others" protection. 16 10. Death. If a person named in this policy or the spouse, if a resident of the same household, dies, we insure: a. the legal representative of the deceased, only with respect to the premises and property of the deceased covered under the policy at the time of death. b. a member of your household who is an insured at the time of death, but only while a resident of the residence premises. c. with respect to your property, the person having proper custody of the property until appointment of a legal representative. 11. Additional Insured-Non-Occupant. An additional insured may be named in this policy. His interest in the residence premises is protected under Coverage A and Coverage B. He also is protected under Coverage E for his liability from ownership, maintenance or use of the residence premises. These provisions do not increase the amount of insurance. 12. Optional Payment of Premium in Installments. You may. if you wish, pay the premium for this policy in installments. This is under terms and conditions approved where required by the Department of Insurance. For each separate installment payment there is an installment premium payment charge. Your agent or sales representative can provide additional information about installment payment. 13. Optional One-Check Plan. You may, if you wish. pay the premium for this policy monthly under the terms of the One-Check Plan. There is a premium loading charge for each monthly payment for this policy or for the total monthly payments for all policies included in the Plan. This option may be cancelled by you or us. To do so advance notice must be given. Your agent or sales representative can provide additional information about the One-Check Plan. The following options apply only if they are indicated on the Declarations. They are subject to all provisions of this policy. Option M. Personal Injury Coverage-under Coverage E-Personal Liability the definition of bodily injury is amended to include personal injury. "Personal injury" means injury as a result of: (1) false arrest, false imprisonment, wrongful eviction or wrongful entry: (2) wrongful detention, malicious prosecution, misrepresentation, or humiliation: (3) libel, slander, defamation of character: or (4) invasion of rights of privacy. Section II-Exclusions do not apply to personal injury. Personal injury coverage does not apply to: (1) liability assumed by the insured under a contract or agreement; (2) injury caused by a violation of a penal law or ordinance if committed by or with the knowledge or consent of an insured; (3) injury sustained by a person as a result of an offense directly or indirectly related to that person's employment by the insured; (4) injury arising out of business pursuits of an insured; or (5) civic or public activities performed for pay by an insured. Option N. Loss Assessments Coverage. Definition: "Association" means the management body of the property owners. They must have common property interest with you. The common property must be part of the housing development where you live, as shown on the Declarations. We agree to pay your share of an assessment charged against all members of the Association. We will pay up to the limit shown for, this option on the Declarations. The assessment must be a result of: (1) a direct loss to property collectively owned by the Association. It must be caused by a peril covered under Section I of this policy; (2) an event of the type covered by Section II of this policy; or 17 (3) damages the Association is legally obligated to pay due to personal injury as a result of: (a) false arrest, false imprisonment, wrongful eviction, or wrongful entry: (b) wrongful detention, malicious prosecution, misrepresentation, or humiliation; (c) discrimination due to age, race, creed, sex, color, religion or national origin (but only for liability other than fines and penalties imposed by law); (d) libel, slander, defamation of character, or (e) invasion of rights of privacy. This coverage is excess over other valid and collectible insurance covering the Association. Loss under subparagraph (1) is subject,to the Section I deductible shown on the Declarations. POLICYHOLDER MEMBERSHIP IN THE COMPANY Because this policy is issued by a mutual insurance company, you are-a member of the company while this or any other policy is in force. While a member you are entitled to one vote only-either in person or by proxy-at meetings of members of the company. You are entitled to any dividends as provided by law and which are declared by the Board of Directors. The annual meeting of members of the company will be held at the Home Office at Columbus, Ohio, at 9:30 a.m. on the first Thursday of April. IN WITNESS WHEREOF: Nationwide Mutual Fire Insurance Company has caused this policy to be signed by its President and Secretary at Columbus, Ohio, and countersigned by a duly authorized representative of the company. Secretary U twft President Nationwide Mutual Fire Insurance Company/Home Office: One Nationwide Plaza, Columbus, Ohio 43215-2220 18 Amendatory Endorsement (Pennsylvania) Please attach this Important addition to your policy. CONCEALMENT OR FRAUD The Concealment or Fraud provision of this policy Is deleted and replaced by the following: CONCEALMENT OR FRAUD 1. This policy Is void as to all insureds if you or any other insured has Intentionally misrepresented any material fact or circumstance which would have caused us not to Issue or renew this policy. 2. This policy does not provide coverage for all insureds If you or any other insureds, either before or after a loss, has: a) Intentionally concealed or misrepresented any material fact or circumstance; or b) committed any fraud or made false statements relating to such loss. CANCELLATION The Cancellation provisions of this policy are amended as follows: We may cancel this policy only for the reasons stated in this condition by notifying you In writing of . the date cancellation takes effect. 1. When this policy has been In effect for less than 60 days and is not a renewal, we may cancel for any reason by notifying you at least 10 days before the cancellation takes effect. 2. When this policy has been In effect for 6C days or more, or at any time If it Is a renewal, we may cancel only for one or more of the following reasons by notifying you at least 30 days prior to the proposed cancellation date: a. this policy was obtained through material misrepresentation, fraudulent statements, omissions or concealment of fact material to the acceptance of the risk or to the hazard assumed by us; b. there has been a substantial change or increase In hazard in the risk assumed by us subsequent to the date the policy was Issued; c. there is a substantial increase in hazards insured against by reason of willful or negligent acts or omission by you; d. you have failed to pay the premium by the due date, whether payable to us or to our agent or under any finance or credit plan; or e. for any other reason approved by the Pennsylvania Insurance Commissioner. This provision shall not apply if you have demonstrated by some overt action to us or to our agent that you wish the policy to be-cancelled. Delivery of such written notice by us to you at the mailing address shown In the policy or at a forwarding address shall be equivalent to mailing. Proof of mailing will be proof of notice. NONRENEWAL The Nonrenewal provisions of this policy are amended as follows: We will not fail to renew this policy with the types and limits of coverage at least equal to those contained In the policy being superseded while we are issuing policies for this kind and class of insurance In the state of Pennsylvania except for one of the reasons referred to In the provisions.of this endorsement. We may refuse to renew for one of the listed reasons by mailing to you at the mailing address shown in the policy or at a forwarding address, written notice at least 30 days prior to the expiration date of this policy. This provision does not apply fP: Fire 2630-B (5-96) EXHIBIT Page 1 of 2 _ _ _ t7i __? _ C >- . ° c..- . . C: ` a. we have Indicated our willingness to renew and the insured has failed to pay the premium by the due date; or b. we have Indicated to us or our agent that you do not wish the policy to be renewed. Delivery of such written notice by us to you at the mailing address shown In the policy or at a forwarding address shall be equivalent to mailing. Proof mailing will be proof of notice. All other provisions of this policy apply. This endorsement Is Issued by the company shown In the Declarations page as the Issuing company. NATIONWIDE INSURANCE COMPANIES Horne Office: 'Columbus, Ohio 43215-2220 Page 2 a Z Fire 2630-B (5-96) amendatory endorsement please attach this important addition to your policy. . 1 It is agreed that the policy is amended as follows: DEFINITIONS • In all policies, except Mobile Homeowners, the definition of Business is deleted an I replaced by the following. Business Includes trade, profession or occupation. It Includes home care services regularly Is not utualre xchangeuof home care servlce'sh there provided to a person or persons, other than ensatlon is monetary or other comp 23 if a considered compensation. Business does an °nsured unde? 1g years ars or (age art-time self-employed home care services provided by services an o, school, o on the residence e premises Is not acbusiness If full-time student). Unless used in connect studio, barber or beauty shop of an ins` its occupancy is described in the policy. the following: • In all policies, the definition of occurrence is deleted damage and a resulting from an accident, Occurrence means bodily injury or property general condition. The occurrence including continuous or repeated exposure to the same must be during the policy period. In all olicies the following definition is added. It applies wherever the words "actual cash • P value" are used In the policy or endorsements. ro ert Actual Cash Value means the amount t It µiessd allcost to owance repair replace deterioration e pand with material y ce. depreciation, Includilike ng obsolescen SECTION I OTHER COVERAGES adding • In all policies under Section I - Other Coverages, Debris Removal is amended by the following paragraph. We will pay up to $500 In the aggregate for the reasonable expense you Incur fort the removal of tree debris from the residence premises when: ure; or a. the tree, as a result of a covered perii?ca o? sle damage causes damage t ascovered structure and b. windstorm, hall, or weight of Ice, sno remises is of such weather co?nditlons.esidence p the Pennsylvania Goarea as declared the area in located to be a disaster This amount does not increase the debris removal coverage provided by this policy. SECTION I - PERILS INSURED AGAINST the Section I -Perils • In the Elite ll, Condominium, Tenants and Golden n Blanket policies, Bl Insured Against, Personal Property Coverage pertaining to accidental discharge or overflow of water, etc., Is deleted and replaced by the following: lambing, heating, air rarge or overflow of water or e protec on spri kler syst m orefromfwi hin ia household appliance. accidental disc h conditioning o p This peril does not Include loss: from outside the dwelling's plumbing a. caused by or resulting from water that backs up or water enteri overflowin system and enters through sewers or drains; designed to removens bsurface water d ained pump, sump pump well or other y rovided elsewhere in this policy or by from the foundation area except as may be p endorsement. EXHIBIT - Page 1 of 4 Fire 3358-A (10-96) osiona rust, mold, wet?rot orr b. due to contiroftimetand aresultseinodeterioration, owater, occurs over a a period dry rot. c. due to freezing except as provided by the peril of freezing. d. to the system or appliance from which the water, steam or moisture escaped. deleted nand replaced by In the Elite It and overagBlanket - Other Structures, Items 5. Insured -Dwelling and Coverage the following: We cover direct physical loss to property described in Coverages A and B except that caused by: 5. continuous or repeated seepage or leakage of water or steam over a period of time from a heating, air conditioning or automatic protective sprinkler system; household appliance; or plumbing system that results in deterioration, rust, mold, or wet or dry rot. Seepage or leakage from,, within, or around any shower stall, shower tub, tub installation or other plumbing fixture, including their walls, ceilings or floors, is also excluded. r the cost of If loss caused by water or stea artsof?heotherwise or replace the bui ding necessary to repair will tearing out and replacing any p system or appliance. We do not cover loss to the system or appliance from which the water or steam escaped. 6. wear and tear; marring, deterioration; inherent vice; latent defect; mechanical breakdown; rust; mold; fungus; wet or dry rot; contamination; smoke from agricultural smudging o Industrial operations; settling, cracking, shrinking, bulging, or expansion of p v insects ens, patios, foundations, walls, floor, roofs or ceilings; birds, vermin, rodents, or domestic animals. Bre kagesof dglass omestic an mag part of a covered building caused by birds, vermin, rodents, SECTION I - EXCLUSIONS • In all policies, the Section I -Exclusion pertaining to earth movement Is deleted and replaced by the following: earth movement and cisnnotecove covered even resuing from earth contributed, /directly ordindirectly, eruption described below to cause the loss. Earth movement means: earth movement due to natural or unnatural meicerupt ongexplos(o landslide; feom a volcanog, rising or causes, Including mine Sinking. Volcanic eruption ans Resulting direct loss by fire, explosion, theft or breakage of glass which Is part of the building is covered. • In all policies, the Section I - Exclusion pertaining to water damage is deleted an replaced by the following: We do not cover loss resulting directly or indirectly from: Water or damage caused by water-borne material. Loss resulting from water or water-borne material damage described below Is not covered even If other perils contributed, directly, or indirectly, to cause the loss. Water and water-borne material damage means: a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from these, whether or not driven by wind. b. water or water-borne material which: (1) backs up through sewers or drains from outside the dwelling's plumbing system; or (2) overflows from a sump pump, sump pump well or other system designed to remove subsurface water or water-borne material from the foundation area. C. water or water-borne material below the surface of the ground, Including water or water-borne material which exerts pressure on, seeps or leaks through a building sidewalk, driveway, foundation, swimming pools or other structure. a an o red loss. results from water or water-borne We do cover direct loss the resb fuel explosion material damage If • In all homeowners policies, bfollows action I - Exclusion pertaining to intentional acts Is deleted and replaced the Fire 3358-A (10-96) Page 2of4 Intentional or criminal acts, meaning a loss resulting from an act committed by or at the direction result from rsuch acts. Such an act ec ludes coverage fortalfrom such l insureds.cts; or is the I • in the Mobile Homeowners policies only, the above Section I - Exclusion, Intentional Acts, is added to Mobile Homeowners policies. • In all homeowners as paragraph #9. It is added as paragraph #S1 In the following Is added Golden - Exclusions, Mobile Homeowners policy. a. a fault, weakness, defect or Inadequacy In the: (1) specifications, planning, zoning; (2) design, workmanship, construction, materials; (3) surveying, grading, backfilling; (4) development or maintenance; of any property on or off the residence premises whether Intended or not; or b. conduct or failure to act or decide, of any person, group, organization or governmental body, whether Intentional, negligent, wrongful or without fault. This exclusion only applies if another peril excluded by this policy contributes to the loss. SECTION I - CONDITIONS AND OPTIONS • In all policies under Your Duties After Loss, subparagraph d. (2) Is replaced by the following: (2) submit to examination under oath and sign same. At your or our request, the exams will be conducted separately and not In the presence of any other insured. • In the Basic and Elite II policies only, under Loss Settlement paragraph e., the following subparagraph Is added: (3) If you do not repair or replace, we will pay only the actual cash value of the damaged building, not to exceed the limit of liability applicable. • In the Golden Blanket Policy, paragraph c. of Loss Settlement and In other policies, Option - Extended Replacement Cost Coverage are deleted and replaced by the following: Covered loss to the following property shall be settled at replacement cost or the full cost of repair without deduction for depreciation up to the limit of liability applicable: (1) property covered under Coverage C - Personal Property. (2) outdoor antennas, carpeting (Including wall to wall), home appliances and awnings. "Replacement Cost" means the cost, at the time of loss, of a new article identical to the one damaged or stolen. When the Identical article is no longer available, replacement cost shall mean the cost of a new article similar to that damaged or stolen. It must be of comparable quality and usefulness. Our liability for loss under this coverage shall not exceed the smallest of the following amounts: (1) replacement cost at the time of loss. (2) full cost of repair. (3) any special limits of liability described in the policy or attached endorsements. (4) our cost to repair or replace any part of the damaged or stolen property with equivalent property. You may elect not to repair or replace some or all of the damaged or stolen property. In this event, settlement will be based on the smallest of the repair cost, replacement cost, any special limit of liability that applies or the actual cash value of those items. If you later decide to repair or replace those Items, you may make an additional claim within ISO days after the loss for any difference between the amount paid and the amount payable If repaired or replaced. The actual repair or replacement of the property need not be completed within the 180 days, but payment will not be made until proof of repair or replacement Is provided to us. Page 3 of 4 Fire 3358-A (10-96) This coverage does not apply to: (1) manuscripts, antiques or fine arts which by their inherent nature cannot be replaced with new articles. (2) memorabilia, souvenirs, collectors' items, and other items whose age and history contribute substantially to their value. (3) property not maintained In good or workable order. (4) property which is obsolete or useless to you at the time of loss. The actual cash value provisions of this policy apply to the preceding items 1 thru 4. This provision (option) does not increase the policy's limit of liability. • in the Golden Blanket policy only, under Loss Settlement, paragraphs a. and b. and in other homeowners policies, Option J - Replacement Cost Guarantee (Dwelling), the following subparagraph is added: (3) the actual cash value of the damage until repair or replacement is made, if the cost to repair or replace building is more than $1000. You may make a claim within 180 days. after loss for any added loss on a replacement cost basis. If you choose not to repair or replace the damaged building, payment will be on an actual cash value basis, up to the limit of liability shown on the Declarations. SECTION II - EXCLUSIONS • In all policies under the Section II - Exclusions for Personal Liability and Medical Payments to Others, paragraph a. Is deleted and replaced by the following: a. by an act intending to cause harm done by or at the direction of any insured. This exclusion does not apply to corporal punishment of pupils. • In all policies under the Section 11 - Exclusions for Personal Liability and Medical Payments to Others, the following subparagraphs are added: g. resulting from an Insured transmitting a communicable disease. h. arising out of the Ingestion or inhalation of lead or lead compounds. All other provisions of this policy apply. This endorsement is issued by the company shown in the Declarations page as the issuing company NATIONWIDE INSURANCE COMPANIES Home Office: Columbus, Ohio 43215-2220 Page 4 of 4 Fire 3358-A (10-96) r A Wle NATIO wE)E INSURANCE 117 Nationwide Is on your tide ELITE II POLICY DECLARATIONS Non-Assessable Pape 1 of 3 Theme Declarations are a part of the policy named above and Identified by policy number below. They supersede any Declarations Issued earner. Your Elite If Policy will provide the Insurance described In this policy In return for the premium and compliance wlth all applicable policy provisions. See policy for details regarding the other coverages and additional coverage options. Policy Number: Policyholder: 58 37 HO 482766 (Named Insured) COREY & JOEY BIEBER 308 E SMITH ST Issued: TOPTON PA 19582.1119 JAN 16, 1998 Policy Period From: NOY 10, 1997 to NOV 10, 1998 but only If the required premium for this period has been paid, and only for annual renewal periods K premiums are paid as required, Each period begins and ends at 12: 01 A, M. standard time at the Residence Promises. Change Effective Date: JAN 14, 1998 The Following Change(s) Have Been Made To Your Poll;v: The Ilmlt of Ilabllfty for Section II coverage for Incidental Occupancy Is added. Residence Premises Information: COREY & JOEY BIEBER ONE FAMILY 308 E SMITH ST FRAME DWELLING TOPTON YEAR OF CONSTRUCTION 1980 PA 19562-1119 SECTION I Property Coverages COVE RAG E-A-DW ELLI NG COVERAGE-B-OTHER STRUCTURES COVE RAGE-C-PERSONAL PROPERTY COVERAGE-D-LOSS OF USE SECTION II Liability Coverages COVERAGE-E-PERSONAL LIABILITY FOR EACH OCCURRENCE: PROPERTY DAMAGE AND BODILY INJURY PAYM COO OTHERS EACH PERSONENTS H5300 FRAME: B 13 PROTECTION CLASS 5 RATED PROTECTION CLASS 5 INSIDE SINGLE CLASS AREA WITHIN 1000 FT FROM HYDRANT WITHIN 5 MILES FROM FIRE DEPT FIRE DISTRICT 0024 TOPTON BOROUGH OF PROTECTION TERRITORY 032 Limits Of Liability Deductible: $280 ALL PERILS S 67 , 000 In case of a loss under Section I, we cover only that part of each loss over S 6 , 700 the deductible stated. S 43.550 S 67,000 Limits Of Liability EXCEPTIONS S 200,000 THE SECTION II LIABILITY COVERAGES - COVERAGE E AND COVERAGE F, ARE EXTENDED TO: HOME CARE SERVICE AT RESIDENCE S 1,000 PREMISE LIABILITY S 200,000 NUMBER OF PERSONS 1-3 EXHIBIT a ,t+ + r y1t W ELITE II POLICY DECLARATIONS Page 2 of 3 PERSONAL PROPERTY-SPECIAL LIMITS OF LIABILITY The special limits shown below for each cstsg2ry Is the total limit for each loss for all property in that category. They do not Increase the Coverage-C-Personal Property Ilmhs of liability. See Policy for details regarding the Special Limits of Liability. These limits are Included In the basic Policy premium. Theft Losses Only Category Limits of Llablifty JEWELRY, WATCHES AND FURS $ 1 .000 CAMERAS $ 1 '000 GUNS $ 1.,000 TOOLS $ 1 '000 SILVERWARE $ 2.500 All Covered Losses Category Limits of Llabillty MONEY SECU.'1ITIES 1 .000 WATERCRAFT 1,000 TRAILERS gg 1 , 000 MANUSCRIPT S 1 , 000 COMPUTERS $ 3 , 000 BUSINESS PROPERTY $ 500 OTHER COVERAGES/OPTIONS APPLICABLE See Policy or Endorsements for details regarding the Other Coverages and Options that apply to your policy Other Coverages Limns of Liability INFLATION PROTECTION APPL I ES BOECKH INDEX 496.7 ACCIDENTAL DEATH BENEFIT 'EACH CHILD S 500 EACH ADULT 2,000 DEPARTMENT SERVICE CHARGE $ 500 CREDIT CARD - FORGERY $ 1 .000 Options Applicable OPTION-J-REPLACEMENT COST GUARANTEE APPL I ES DWELLING OPTION-L•PROTECTIVE DEVICE CREDIT APPL I ES LOCAL FIRE OR SMOKE ALARM SYSTEMS SCHEDULED PERSONAL PROPERTY S 1 , 845 PREMIUM SUMMARY Premium Based On Premium Amount POLICY PREMIUM $ 210.00 SCHEDULED PERSONAL PROPERTY $ 22.00 Annual Premium S 232.00 Annual Premium Includes Discounts For: HOME/CAR HOME PROTECTIVE DEVICE FRAME: C 13 Aw ? s r • ¦ 4• % NATIONWIDE INSURANCE Nalbnwld• Is on your side Policy Number: 58 37 HO 482766 Issued: JAN 16, 1998 ELITE II POLICY DECLARATIONS Non-Assessable Policyholder: Page 3 of 3 (Named Insured) COREY BIEBER Policy Period From: NOV 10, 1997 TO NOV 10, 1998 FORMS and ENDORSEMENTS MADE PART OF POLICY Fire 2502 Elite II Homeowners Policy Fire 2630-8 Amendatory Endorsement Fire 3358-A Amendatory Endorsement Fire 2514 Schedule Personal Property Endorsement ADDITIONAL INTERESTS FIRST MORTGAGEE BRUCE R & LINDA BIEBER 5750 SUN VALLEY RUN ZIONSVILLE PA 18092-2042 ADDITIONAL INSURED BRUCE R & LINDA BIEBER 5750 SUN VALLEY RUN ZION VILLE PA 18092.2042 Issued By: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Countersigned At: HARRISBURG, PA Prior Declaration Issued: NOV 20. 1997 Home Office - Columbus, Ohio By: R. J. FLAIL IMPORTANT PHONE NUMBERS Nationwide 24-Hour Claims Number: 1-800-421-3535 For QUESTIONS About Your Policy, Call Your NATIONWIDE AGENT: R. J. FLAIL 610-683-6823 'For Hearing Impaired: TTY 1-800-622-2421 Nationwide Regional Office: 717-657-8400 FRAME: D 13 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company C' 3 rn x: Q v <V c; C? -p O =(J? = = 4c:) rn Cl) CD rn N ?U NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER, MARK MARTIN, individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS, and YVONNE MARTIN, Defendant COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW 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 7 b Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE COURT OF COMMON PLEAS INSURANCE COMPANY, PERRY COUNTY, PENNSYLVANIA Plaintiff V. NO. W/ JOEY BEIBER; SHAUN M. LUCAS; o 3 MARK MARTIN, Individually and as CIVIL ACTION - LAW mx Parent and Natural Guardian of JESSICA MARTIN; and YVONNE v MARTIN, Individually and as Parent ©= = -4 and Natural Guardian of JESSICA tn MARTIN, Defendants rn t'."7 ACTION FOR DECLARATORY JUDGMENT Pursuant to Pa.R.C.P. No. 1601 et seq., Plaintiff, Nationwide Mutual Fire Insurance Company, through its attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Alford presents its Complaint for Declaratory Judgment as follows: r The Parties 1. Plaintiff, Nationwide Mutual Fire Insurance Company (hereinafter "Nationwide") is an insurance company operating in the Commonwealth of Pennsylvania with an office located at 1000 Nationwide Drive, Harrisburg, Pennsylvania. 2. Defendant Joey Bieber is an adult individual with a last known residence address of 1827 Carlisle Street, Bethlehem, Pennsylvania. 3. Defendant Shaun M. Lucas is an adult individual with a last known residence address of 2631 Hartman Drive, Center Valley, Pennsylvania. 4. Defendant Mark Martin is an adult individual with a last known residence address of 1185 Flower Lane, Marysville, Pennsylvania. 5. Defendant Yvonne Martin is an adult individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania. 6. Defendant Jessica Martin is a minor individual with a last known residence address of 2389 Juniper Drive, Coplay, Pennsylvania and/or 1185 Flower Lane, Marysville, Pennsylvania. 7. Defendants Mark Martin and Yvonne Martin are the parents and natural guardians of Defendant Jessica Martin. The Alleged Incident and Pending Litigation 8. In 1998, Defendant Joey Bieber operated a private day care business at her residence, then located at 308 East Smith Street, Topton, Pennsylvania. -2- P 9. In 1998, Defendant Yvonne Martin hired Defendant Bieber to provide day care services to her minor daughter, Defendant Jessica Martin. 10. In 1998, Defendant Lucas was present as an occasional visitor in the Bieber residence, at the same time that Defendant Jessica Martin was a day care client there. 11. Defendants Mark Martin and Jessica Martin have since alleged that, while Jessica was at the Bieber residence, Defendant Lucas physically assaulted and molested Jessica. 12. Subsequently, Defendant Mark Martin, as father and natural guardian of Jessica Martin, commenced a civil action (hereinafter the "Lawsuit") against Shaun M. Lucas, Yvonne Martin, and Joey Bieber in the Berks County Court of Common Pleas. A true and correct copy of the Complaint is attached hereto as Exhibit A. 13. The Lawsuit alleges, inter alia, that minor Jessica Martin suffered various psychological injuries as a result of the alleged physical assault and molestation. 14. The Lawsuit is still pending. The Policy at Issue 15. At the time the alleged physical assault and molestation occurred, Defendant Bieber was insured under a policy of insurance (hereinafter the "Policy"), and Amendatory Endorsements thereto, issued by Nationwide Mutual Fire Insurance Company. True and correct copies of the Policy, Amendatory Endorsement 2630-13; Amendatory Endorsement 3358-A; and the Declarations Page for the relevant time period are attached hereto, made part hereof, and identified as Exhibits B, C, D, and E, respectively. -3- No Coverage or Duty to Defend or Indemnify Defendant Lucas 16. At the time of the alleged physical assault and molestation, Defendant Lucas was not a residence employee of Defendant Bieber in connection with her day care service. 17. At the time of the alleged physical assault and molestation, Defendant Lucas did not reside with Defendant Bieber. 18. At the time of the alleged physical assault and molestation, Defendant Lucas was not named as an insured under the Policy. 19. At no time relevant hereto was Defendant Lucas an "Insured" under the terms of the Policy. No Coverage or Duty to Defend or Indemnify Any Defendant as Alleged Physical Assault and Molestation Did Not Cause Bodily Injury 19. The "Definitions" section of the Policy defines "Bodily Injury" as bodily harm, sickness or disease. 20. Defendants Mark Martin and Jessica Martin have not alleged that Jessica suffered bodily injury as a result of the alleged physical assault and molestation. No Coverage or Duty to Defend or Indemnify Any Defendant as Alleged Physical Assault and Molestation Did Not result From an Accident 21. Under the terms of the Policy and Amendatory Endorsement 3358-A, "Occurrence" means bodily injury or property damage resulting from an accident, including continuous or repeated exposure to the same general condition. 22. Defendants Mark Martin and Jessica Martin have not alleged that the alleged physical assault and molestation was the result of an accident. -4- No Coverage or Duty to Defend or Indemnify as Alleged Physical Assault and Molestation Was an Intentional or Criminal Act 23. Defendants Mark Martin and Jessica Martin have alleged losses resulting directly or indirectly from intentional or criminal acts. No Coverage or Duty to Defend or Indemnify Under Amendatory Endorsement 2630-B 24. Defendant Bieber intentionally concealed or misrepresented material facts or circumstances relative to the underlying claim, and/or has made false statements to Plaintiff relating to the alleged loss. No Coverage or Duty to Defend or Indemnify Under Applicable Policy Exclusions 25. The alleged physical assault and molestation, and the alleged resultant losses arose out of the business pursuits of Defendant Bieber. 26. The alleged physical assault and molestation, and the alleged resultant losses arose out of Defendant Bieber's professional liability as a day care provider. 27. The basis of the claims against Defendant Bieber in the pending litigation relate to liability she assumed under an unwritten contract or agreement to provide day care services for Jessica Martin. 28. The Policy excludes coverage for personal liability and medical payments relating to the claims raised as a result of the alleged physical assault and molestation. Existence of Actual Case or Controversy 29. An actual controversy as to policy coverage exists between Plaintiff and Defendants within the jurisdiction of this Court, to wit: the pending Lawsuit and claims for -5- the coverage, defense and indemnification of Defendant Bieber and/or Defendant Lucas. 30. Plaintiff requests that this Court determine the rights, status and other legal relations of the parties under the Nationwide Mutual Fire Insurance Company policy. WHEREFORE, Plaintiff, Nationwide Mutual Fire Insurance Company, respectfully requests that this Court adjudicate the rights, status and legal relations of the parties herein with respect to the liability insurance policy, and enter and Order: (a) declaring the Plaintiff is not obligated to provide coverage to, defense for, or indemnification of Defendant Bieber or Defendant Lucas, in connection with or related to the incidents described in the pending civil Complaint filed by Defendants Mark and Jessica Martin; (b) awarding counsel fees, interest and costs to the Plaintiff; (c) permitting Plaintiff to withdraw its defense of Defendant Bieber in the Lawsuit; and (d) awarding such further relief as may be appropriate. Respectfully submitted, By: ?-6 ?- -?- ?U? Brigid Q. Alford, Esq re Supreme Court I. D. 38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company Date: ?o?oS VERIFICATION I, William H. Mokel, Special Claims Representative of Nationwide Mutual Fire Insurance Company, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ij)d6?m vkgl - illiam H. Mokel Date: C IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA , MARTIN, Individually and as Parent : NO: 00-3320 Natural Guardian of JESSICA MARTIN Plaintiffs VS : CTVIL ACTION - LAW ;HAUN M. LUCAS, YVONNE MARTIN and iOEY BEIBER Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth against rou in thc_followil?g_pages,youu_must take-action within-twenty (20)slays-afler-this-Complaint- nd Notice are served, by entering a written appearance personally or by attorney and filing in vriting with the Court your defenses or objections to the claims set forth against you_ You are vamed that if you fail to do so the case may proceed without you and a default judgment may be ntered against you by the Court without further notice for any money claimed in the Complaint ?r for any other claim or relief requested by the Plaintiff. You may lose money or property or ether rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ELP. THIS OFFICE -CAN PROVIDE YOU WITH INFORMATION ABOUT 11IRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT LAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 0 FEE. 1.1 Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 EXHIBIT A VISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desca defendersc de [as luejas expuestas en las paginas siguientes, debe tomar accion dentro de veime (20) digs a partir le la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita cn persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las ndas en su contra. Se ]c avisa que si no se defiende, el caso puede proceder sin usted y ]a Corte puedc ecidir u-n su contra sin mas aviso o notificacion nor cualquier dinero reclamado en la demanda o or cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE ERDER DINE.RO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA DEBERIA LLEVAR ESTE PAPEL A SU ABOGADO DE INMEDIATO. SI JSTED NO TIE NE UN ABOG_4DO 0 SI NO PUEDE PAGAR POR UNO, VALLA 0 ,LAME A LA OFFICINA ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE ;NCONTRAR AYUDA LEGAL. ESTA OFICINA PUEDE PROVEERLE NFORMACION ACERCA DE CONTRATARA UN ABOGADO. ST USTED NO PUEDE 'AGAR POR UN ABOGADO, ESTA OFICINA PUEDE PROVEERLE INFORMACION ?CERCA DE AGENCIAS QUE OFRECEN SERNICIOS LEGALES A UN COSTO ZLDUCIDO 0 SIN COSTO PAR4 PERSONAS QUE SON CALIFICABLES. Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 IN THE- COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA MARL: MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN Plaintiffs NO: 00-3320 VS SHAUN M. LUCAS, YVONNE- MARTIN and JOEY BEIBER Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, COME the Plaintiffs, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, by_ and John D.-Briggs-Esquire-and Katheiman, Briggs & Greenberg, and respectfully aver the following: 1. The Plaintiff, Mark Marlin, individually and is parent and natural guardian oflcssica Martin, is an adult individual residing at 1185 Flower Lane, Marysville, Pennsylvania 17053. 2. The Defendant, Shaun M. Lucas, is an adult individual with a last known address of 1 Harman Drive, Centervalley, Pennsylvania 18034. ;. The Defendant, Yvonne Martin, is an adult individual with a last known address of 2389 Juniper Drive, Coplay, Pennsylvania 18037. 4. The Defendant, Joey Beiber, is an adult individual with a last known address of 1827 arlislc Street, Bethlehem, Pennsylvania. 5. At all times material and relevant hereto, Yvonne Martin was the motlier and also a ardian of minor Plaintiff, Jessica Martin, and was responsible for and made the decisions ncerning the supervision of Jessica Martin during times when primary custody of Jessica resided with Yvonne Martin. 0024054.1 2 6. At all times material and relevant hereto, Yvonne Martin regularly employed and retained Joey Beiber to serve as a babysitter for Jessica Martin. 7. At all times material and relevant hereto, Defendant, Shaun M. Lucas h-equently stayed with Joey Briber at tlic residence where Ms. Beiber babysat minor Plaintiff, Jessica Martin. 8. From approximately the fall of 1997 through the spring of 1998, Defendant, Yvonne Martin, retained and employed Defendant, Joey Beiber, for the purposes of babysittin, minor Plaintiff, Jessica Martin, and did leave minor Plaintiff, Jessica Martin, in the care and custody of !Defendant. Joev Beiber. 9. On occasions between January and March 1998, after Defendant, Yvonne Martin, left Iminor Plaintiff, Jessica Martin, in the custody and care of Defendant, Joey Beiber, Defendant, Joey Beiber, did in fact leave her residence, and leave minor Plaintiff, Jessica Martin, in the !custody and care of Defendant, Shaun M. Lucas. 10. Plaintiff, Mark Martin, never consented nor, agreed to any of the babysitting set forth herein. l 1. Yvonne Martin never consented nor agreed to the leaving of her children with Shaun . Lucas. 12. Between January and March of 1998, while alone with minor Plaintiff, Jessica artin, as aforesaid, Defendant, Shaun M. Lucas, physically assaulted and molested minor Jessica Martin. 13. Asa result of the incident, the minor Plaintiff sustained ormay sustain the following: (a) Past and future pain, suffering, embarrassment, humiliation, emotional 54. -2- distress, mental anxiety, and psychological injury; (b) Past and future loss of life's pleasures and enjoyments; (c) Past and future incidental losses; (d) Future loss of earnings and impairment of earning capacity; and (e) Past and future psychological and psychiatric treatment, as well as past and future expenses for the same. 14. As a result of the aforesaid incident, Plaintiff, Mark Martin, has sustained and may sustain reasonable and necessary medical and other expenses through the time of the minor 15. Plaintiff, Mark Martin, became aware of the aforesaid actions of Shaun M. Lucas in approximately late April 1998. - COUNTI MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUCAS ASSAULT 16. The preceding paragraphs of this Complaint are incorporated herein by reference ereto as though set forth in full. 17. Defendant, Shaun M. Lucas' actions as described above were intended by Defendant, M. Lucas, to put the minor Plaintiff into a reasonable apprehension of great and immediate harm and did, in fact, cause such apprehension in the minor Plaintiff. 18. As a direct and proximate result of the aforesaid assault, the Plaintiff did sustain the injuries as described above, all for which damages are herein claimed. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian 0024054.1 -3- of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT II MARK MARTIN Individually and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUCAS BATTERY 19. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in full. 20. Defendant, Shaun M. Lucas', conduct as described above constitutes a battery upon the minor Plaintiff, as Defendant, Shaun M. Lucas, did impermissibly touch and molest the minor Plaintiff. 21. As a direct and proximate result of the said battery, the Plaintiff sustained the personal injuries as described above. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory in an amount in excess of $50,000, together with interest, costs of suit and delay ges. COUNT III MARK MARTIN, Individually and as Parent and Natural Guardian of-JESSICA MARTIN V. SHAUN M. LUCAS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 22. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. -4- 23. The assault and battery of the minor Plaintiff as described above constituted extreme and outrageous conduct on the part of Defendant, Shaun M. Lucas, which was intentional conduct by Defendant, Shaun M. Lucas, designed to cause emotional distress to the minor Plaintiff. 24. The aforesaid conduct by Defendant, Shaun M. Lucas, did, in fact, cause severe emotional distress to the minor Plaintiff as wen l as psychological trauma, all for which damages are herein claimed. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian of Jessica M ant,?haun M_Lucasrfor-ompen damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. COUNT IV MARK MARTIN. Individually and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUCAS' PUNITIVE DAMAGES 25. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in full. 26. The conduct of Defendant, Shaun M. Lucas, as described above was intentional and trageous conduct in blatant disregard for human life and the rights of the Plaintiffs, which itles the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian f Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for compensatory in an amount in excess of 550,000, together with interest, costs of suit and delay 0024054.1 -5- damages. COUNT V NEGLIGENCE 27, The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in full. 28. The incident and the resulting damages to the Plaintiffs were substantially caused by the negligence of Defendant, Joey Beiber, and were in no way caused by any act or failure to act on the part of the Plaintiffs. 29. Defendant, Joey Beiber's, negligence, carelessness and recklessness includes, but is not limited to, the following: (a) Failing to properly supervise Shaun M. Lucas; (b) Allowing Shaun M. Lucas to molest the minor Plaintiff; (c) Allowing Shaun M. Lucas to remain with the minor PlaintifF without the presence of an adult; (d) Failing to properly investigate the background and propensities of Defendant, Shaun M. Lucas; (e) Failing to properly supervise and babysit the minor Plaintiff; and (f) Entrusting the care of the minor Plaintiff to Shaun M. Lucas. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian Iof Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory ddamages in an amount in excess of $50,000, together with interest, costs of suit and delay 054.1 -6- lamages. COUNT VI MARK MARTIN Individually and as Parent and Natural Guardian of JESSICA MARTIN V. JOEY BEIBER PUNITIVE DAMAGES 30. The preceding paragraphs of this Complaint arc incorporated herein by reference !hereto as though set forth in full. 31. The conduct of Defendant, Joey Beiber, as described above was intentional and outrageous conduct in blatant disregard for human life and the rights of the Plaintiffs, which entitles the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit and delay damages. Respectfully submitted, KATPMRMAN, BRIGGS & GREENBERG, LLP By: ., ^ c a Lr- Evan J. i e, Esquire Katherman, Briggs & Greenberg, LLP I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 -7- VERIFICATION 1 verify that the foregoing facts are true upon my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. V ted: 209.1 IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA CIVIL DIVISION fARI< MARTIN, Individually and as Parent an : NO: 00-3320 atural Guardian of JESSICA MARTIN Plaintiffs vs. HAUN M. LUCAS, YVONNE MARTIN and : CIVIL ACTION - LAW OEY BEISER Defendants : JURY TRIAL DEMANDED CLRTIFIC?TE OE SERVICE I hereby certify that I have this date mailed a copy of a Notice of Deposition directed to stage to the following: Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Jill R. Snyder, Esquire 100 Brodhead Road, Suite 150 Bethlehem, PA 1801?-8935 Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG i By: 6/16/04 Evan ne, Esquire Attorney I.D. 970283 7 .East Market Street York, PA 17401 (717) 848-3838 Attorney for Plaintiffs 57782.1 This Policy contains exclusions, limitations, and conditions'of coverage. Please read your policy carefully. Protecting your home and possessions against loss from Fire, Windstorm, Theft and other perils ... plus claims arising from Legal Liability. EXHIBIT I ELITE 11 HOMEOWNERS POLICY Homeowners insurance protection you can count on in a policy you can understand. You now have a different kind of insurance policy. One that's readable, understandable, straightforward. We believe you have purchased the best in Homeowners insurance protection-backed by the best in policyholder service. Our pledge is to keep it that way. Should you have a loss-and we hope you don't-please call us at once. Call the toll free number shown on the Declarations. Otherwise, please call your agent, sales representative, or any local claims office. Our claims service starts then. Please take a few minutes to read your new policy. It's most important that you know how you are protected. Should you have any questions about this policy-or any part of your insurance program-your agent or sales representative will welcome your call any time. Thank you for relying on Nationwide. YOUR GUIDE T C PROTECTION DEFINITIONS Page KEY POLICY WORDS ............................ ................. 2 SECTION I-PROPERTY COVERAGES: Dwelling ..................................... ................. 3 Other Structures .............................. ................. 3 Personal Property ............................. ................. 3 Loss of Use .................................. ................. 4 OTHER COVERAGES ............................ ................. 5 PERILS INSURED AGAINST ..................... ................. 6 Dwelling and Other Structures .................. ................. 6 Personal Property ............................. ................. 6 EXCLUSIONS ................................... ................. 8 CONDITIONS ................................... ................. 8 OPTIONS ....................................... ................. 10 SECTION II-LIABILITY COVERAGES: Personal Liability ............................. ................. 12 Medical Payments to Others .................... ................. 13 EXCLUSIONS ................................... ................. 13 ADDITIONAL COVERAGES ...................... ................. 14 CONDITIONS ................................... ................. 15 SECTIONS I AND II GENERAL POLICY CONDITIONS ................. ................. 16 OPTIONS ....................................... ................. 17 MUTUAL POLICY CONDITIONS Membership in this Company ....................... ................. 18 Nationwide Mutual Fire Insurance Company/Home Office: One Nationwide Plaza, Columbus, Ohio 43215-2220 Fire 2502 (2-04) Nationwide's Homeowners Policy AGREEMENT We will provide the insurance described in this policy, which includes the Declarations, in return for the premium and compliance with all policy provisions. DERNMONS "You" and "your" refer to the named insured shown in this policy, and the spouse who lives in the same household. "We", "us", and "our" refer to the company. Certain words and phrases are defined as follows: 1. "Bodily Injury" means bodily harm, sickness or disease, including resulting care, loss of services and death. 2. "Business" includes trade, profession, or occupation. An office, school, studio, barber or beauty shop of an insured on the residence premises is not a business if its occupancy is described in the policy. 3. "Insured" means you and the following who live in your household: a. your relatives. b. any other person under age 21 and in the care of you or your relatives. Under Section II, "insured" also means: C. with respect to covered animals or watercraft, a person or entity legally responsible for them. They must be owned by an insured. A person or entity using or having custody of these animals or watercraft in the course of a business, or without permission of the owner, is not an insured. d. with respect to a covered vehicle, a person while engaged in your employment or that of an insured. 4. "Insured location" means: a. the residence premises. b. the part of any other premises, structures, and grounds used by you as a residence and shown in the policy; also any of these acquired by you during the policy period for your use as a residence. c. a premises you use with premises defined in 4a or 4b. d. a part of a premises, not owned by an insured, where an insured is temporarily living. e. vacant land, other than farm land, owned by or rented to an insured. f. land, other than farm land, owned by or rented to an insured on which a one- or two-family dwelling is being built as a residence for an insured. g. cemetery plots or burial vaults of an insured. h. a part of a premises rented on occasion to an insured for purposes other than business. Includes copyrighted material of Insurance Services Office, with its permission. Copyright. Insurance Services Office. 1975, 1977. 2 (Attach Declarations and Endorsements Here) 5. "Motor vehicle" means: a. a motorized land vehicle including motorized bicycles or mopeds designed for travel on public roads or subject to motor vehicle registration. A vehicle in dead storage on an insured location is not a motor vehicle. b. a trailer or semi-trailer designed for travel on public roads and subject to motor vehicle registration. c. a motorized golf cart, snowmobile or other motorized land vehicle owned by an insured and designed for recreational use off public roads, while off an insured location. A motorized golf cart while being operated to or from, or on the premises of a golf course is not a motor vehicle. d. any vehicle while being towed by or carried on a vehicle defined in 5a, 5b or 5c. 6. "Property damage" means physical injury to or destruction of tangible property. This includes resulting loss of its use. 7. "Residence employee" means an employee of an insured who performs duties in connection with maintenance or use of the residence premises. This includes household or domestic services or similar duties elsewhere not in connection with the business of an insured. 8. "Residence premises" means the one- or two-family dwelling, other structures and grounds; or that part of any other building where you live, shown as the residence premises on the Declarations. 9. "Occurrence" means bodily injury or property damage resulting from: a. one accident; or b. continuous or repeated exposure to the same general condition. 10. "Aircraft" means any machine or device capable of atmospheric flight, except models. SECTION 1-PROPERTY COVERAGES COVERAGE A-DWELLING We cover: a. the dwelling on the residence premises shown on the Declarations and mainly used as a private residence, including attached structures and attached wall-to-wall carpeting. b. materials or supplies on or adjacent to the residence premises for use in construction, alteration or repair of: (1) the dwelling; or (2) other insured structures on the residence premises. COVERAGE B-OTHER STRUCTURES We cover other structures on the residence premises. They must be separated from the dwelling by clear space. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered other structures. The limit of liability for this coverage is stated on the Declarations. We do not cover other structures: a. used in whole or in part for business purposes. b. rented or held for rental to anyone, unless used solely as a private garage. COVERAGE C-PERSONAL PROPERTY We cover personal property owned or used by an insured at the residence premises. At your request, we will cover personal property owned by others. It must be on the part of the residence premises occupied by an insured. We will also cover, at your request, personal property owned by a guest or residence employee. This applies only in a residence occupied by an insured. Our limit of liability for personal property while away from the residency premises is 10 percent of the limit of liability for Coverage C or $1000, whichever is greater. Personal property in transit to, or in, a newly acquired principal residence is not subject to this limit for 30 days. The 30 days start right after you begin to move the property. This limit does not apply to: personal property removed from the residence premises due to covered loss. SPECIAL LIMITS OF LIABILITY. The special limit, shown on the Declarations for each numbered category, is the total limit for each occurrence for all property in that category. They do not increase the personal property limits of liability. The following special limit categories apply only to theft losses of: 1. jewelry, watches, furs, and precious and semi-precious stones. 2. cameras, including accessories. 3. guns, including accessories. 4. tools (this limit does not apply to lawn and garden tools). 5. silverware, silver-plated ware, goldware, gold-plated ware, and pewterware. The following special limit categories apply to all covered losses of: 6. money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum, coins and medals. 7. securities, accounts, bills, deeds, documents, evidences of debt, letters of credit, notes other than bank notes, passports, stamps, and tickets. 8. watercraft including their trailers, furnishings, equipment, and outboard motors. 9. trailers not used with watercraft. 10. manuscripts. 11. computers, including hardware and software accessories. 12. business property. PROPERTY NOT COVERED. We do not cover: 1. articles separately described and specifically insured in this or any other insurance. 2. animals while away from the residence premises. 3. house trailers. 4. motor vehicles, except trailers and those used to service an insured's residence which are not licensed for road use. 5. accessory equipment while mounted on, attached to, in or on a motorized land vehicle, whether furnished by the manufacturer or an individual. Tapes or similar items in or on a motorized land vehicle shall not be considered accessory equipment. 6. aircraft and parts. 7. property of roomers, boarders, and other tenants. This does not include property of roomers and boarders related to an insured. 8. property in an apartment regularly rented or held for rental to others by an insured. 9. property rented or held for rental to others away from the residence premises. 10. business property away from the residence premises. COVERAGE D-LOSS OF USE The coverage limit is the total limit for all of the following: 1. Additional Living Expense. If a covered loss requires you to leave the residence premises, we cover the required increase in living expenses you incur to maintain your normal standard of living. Payment will be for the shortest time required to repair or replace the premises; or, if you permanently relocate, for the shortest time required for your household to settle elsewhere. This period of time is not limited by the end of this policy term; and 2. Fair Rental Value. If a loss covered under this section requires occupants to leave that part of the residence premises rented to others or held for rental, we cover its fair rental value. Payment will be for the shortest time required to repair or replace this part of the premises. This does not include expense that does not continue while the part of the residence premises is uninhabitable. This period of time is not limited by the end of this policy term; and 3. Prohibited Use. A civil authority may prohibit your use of the residence premises because of direct damage to neighboring premises by a peril insured against in this policy. We cover the resulting Additional Living Expense and Fair Rental Value loss for up to two weeks while use is prohibited. We do not cover loss or expense due to cancellation of a lease or agreement. No deductible applies to this coverage. 4 SECTION I-OTHER COVERAGES 1. Debris Removal. We will pay reasonable expense you incur removing debris of covered property, if the peril causing erty the loss is covered. An additional 5 percent of the it of liability removal for t ex damaged p opt of (will it y available when the amount payable for the property loss plus the 2. Reasonable Repairs. We will pay reasonable cost you incur for necessary repairs made solely to protect covered property from further damage, if the peril causing the loss is covered. This expense is included in the limit of liability applying to the damaged property. 3. Trees, Shrubs, Plants, and Lawns. We cover trees, shrubs, plants, or lawns on the residence premises for loss caused by the following perils: fire and lightning, explosion, riot or civil commotion, aircraft, vehicles not owned or operated by a resident of the residence premises, vandalism or malicious mischief, collapse of a building, or theft. Liability is limited to 5 percent of the limit of liability that applies to the dwelling for all trees, shrubs. plants, and lawns. It is limited to $500 for one tree, shrub, or plant. This coverage may increase the limit of liability. We do not cover property grown for business purposes. 4. Fire Department Service Charge. (Not applicable in Arizona.) We will pay up to the amount stated on the when Declarations your liability de p being called to save or p otectcovered pproperty from a covered peril the charges result from the fir department No deductible applies to this coverage. 5. Property Removed. This applies to covered property in danger from a covered peril for direct-loss from any cause. The property is covered while being removed and for 30 days while removed. This does not change the coverage limit. 6. Credit Card, Electronic Fund Transfer Card and Forgery Coverage. We will pay up to the amount stated on the Declarations for: the legal obligation of an insured to pay because of theft or unauthorized use of credit cards (including Electronic Fund Transfer Cards) issued to or registered in an insured's name. However, we do not cover use by a resident of your household, a person entrusted with the credit card (Electronic Fund Transfer Card), or any person if an insured has not complied with all terms and conditions under which the credit card (Electronic Fund Transfer Card) is issued. b. loss to an insured caused by forgery or alteration of a check or negotiable instrument. c. loss to an insured through good faith acceptance of counterfeit United States or Canadian paper currency. We do not cover loss arising out of business pursuits, or dishonesty of any insured. No deductible applies to this coverage. Defense: We may make any investigation and settle any claim or suit as we decide is appropriate. Our obligation to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability. If a claim is made or a suit is brought against an insured for liability under the Credit Card, Electronic Fund Transfer Card and Forgery Coverage, we will provide defense at our expense by counsel of our choice. We may defend at our expense an insured or an insured's bank against a suit for the enforcement of payment under the forgery coverage. 7. Inflation Protection Coverage. If the Declarations show this coverage applies, we will adjust the limit of liability on the Declarations for Section I-Coverages. The limit of liability will change as the appropriate index, shown on the Declarations, changes. We will compare the latest available index to the index as of the effective date of this policy. We will adjust the limit of liability by the percentage change in the index. It is further -reed that the premium for this policy at the next anniversary date shall be for the adjusted limits of liability. If you request a change in the dwelling limit of liability, the effective date of this coverage will be amended to be the effective date of that change. This coverage will not reduce our limit of liability during the current policy term below that for which premium was paid. 5 8. Consequential Loss. We cover insured personal property in a building at the residence premises for, loss due to temperature change resulting from power interruption. There must be damage to the residence premises caused by a covered peril. If a covered peril causes a power interruption, off the residence premises, we will pay up to $500 for loss of food in a freezer due to temperature changes. 9. Lock Replacement. We will pay up to $100 to replace the exterior door locks on your residence premises with deadbolt locks. This coverage applies only if the keys to your residence premises are stolen. No deductible applies to this coverage. SECTION I-PERILS INSURED AGAINST COVERAGE A-DWELLING AND COVERAGE B-OTHER STRUCTURES We cover direct physical loss to property described in Coverages A and B except that caused by: 1. losses excluded under Section I-Exclusions. 2. freezing of a plumbing, heating or air conditioning system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing, while the dwelling is vacant, unoccupied or being constructed unless you have used reasonable care to: a. maintain heat in the building; or b. shut off the water supply; and c. drain the system and appliances of water. 3. theft in or to a dwelling under construction, dwelling is completed and occupied. 4. vandalism and malicious mischief or breakage of glass and safety glazing materials if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. 5. continuous or repeated seepage or leakage of water or steam over a period of time from within a plumbing, heating or air conditioning system or from within a household appliance. 6. wear and tear; marring; deterioration; inherent vice; latent defect; mechanical breakdown; rust; mold; wet or dry rot; contamination; smog; smoke from agricultural smudging or industrial operations; settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings; birds, vermin, rodents, insects or domestic animals. If any of these cause water to escape from a plumbing, heating or air conditioning system or household appliance, we cover loss caused by the water. We also cover the cost of tearing out and replacing any part of a building necessary to repair the system or appliance. We do not cover loss to the system or appliance from which this water escaped. freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to: a. fences, pavements, patios. b. swimming pools, foundations, retaining walls. c. bulkheads, piers, wharves, or docks. Under items 2 thru 7, any ensuing loss not excluded is covered. COVERAGE C-PERSONAL PROPERTY We cover direct physical loss to property described in Coverage C caused by: 1. fire and lightning. 2. windstorm or hail. Direct loss caused by rain, snow, sleet, sand, or dust driven through roof or wall openings made by direct action of wind, hail, or other insured peril is covered. This peril includes loss to: a. rowboats and canoes inside or outside a building. b. other watercraft and their trailers, furnishings, equipment, and outboard motors, while inside a fully enclosed building. 3. explosion. 4. riot or civil commotion. 5. aircraft, missiles propelled and spacecraft. or of materials and supplies for use in the construction until the 6 6. vehicles. 7. sudden 'and accidental damage from smoke. This does not include loss due to smoke from farm or industrial operations. 8. vandalism or malicious mischief. This peril does not include loss to property on the residence premises if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant. 9. theft, including attempted theft. Loss of property from a known location when it is likely the property was stolen is covered. Loss of precious or semi-precious stones from their settings are not covered. This peril does not include loss caused by theft: a. committed by an insured. b. in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is completed and occupied. c. of money, securities, stamps, jewelry, watches, gems, articles of gold, silver, or platinum from any part of a residence premises usually occupied solely by an insured while rented to other than an insured. This peril does not include loss caused by theft that occurs away from the residence premises of: a. property while at any other residence owned by, rented to, or occupied by an insured, except while an insured is temporarily living there. Property of an insured student is covered at a residence away from home if the student has been there within 45 days prior to the loss. b. trailers and campers. c. watercraft, including its furnishings, equipment, and outboard motors. 10. falling objects. This peril does not include loss to: a. property in a building, unless the roof or an exterior wall of the building is first damaged by a falling object. b. the falling object itself. 11. weight of ice, snow, or sleet. 12. collapse of a building or any part of a building. Collapse does not include settling, cracking, shrinking, bulging or expansion. 13. accidental discharge or overflow of water or steam from within a plumbing, heating, or air conditioning.system or from within a household appliance. This peril does not include loss: a. due to continuous or repeated seepage or leakage. b. on the residence premises if the dwelling is vacant or unoccupied, unless you have used reasonable care to maintain heat in the building or have shut off the water supply and drained the system and appliances of water. c. to the system or appliance from which the water or steam escaped. 14. accidental electrical damage to electrical appliances, devices, fixtures, and wiring. This peril does not include loss to transistors and tubes, including picture tubes. 15. sudden and accidental tearing apart, cracking, bursting or bulging of: a. a steam or hot water heating system; b. an air conditioning system; or c. an appliance for heating water. Freezing is not covered under this peril. 16. freezing of a plumbing, heating or air conditioning system or of a household appliance. This peril does not include loss on the residence premises while unoccupied or vacant unless you have used reason- able care to: a. maintain heat in the building; or b. shut off the water supply; and c. drain the system and appliances of water. 7 SECTION 1-EXCLUSIONS We do not cover loss resulting directly or indirectly from: 1. earth movement and volcanic eruption. Earth movement means: earthquake; landslide; mudslide; earth shifting, rising or sinking. Volcanic eruption means: eruption; explosion; or discharge from a volcano. Resulting direct loss by fire, explosion, theft or breakage of glass which is part of the building is covered. 2. water damage, meaning: a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from these, whether or not driven by wind. b. water which backs up through sewers or drains. c. water below the surface of the ground, including water which exerts pressure on, seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool, or other structure. Resulting direct loss by fire, explosion, or theft is covered. 3. neglect of the insured to use all reasonable means to save and preserve property at and after the time of a loss, or when property is endangered by a covered peril. 4. war or warlike acts. This includes insurrection, rebellion or revolution. Discharge of a nuclear weapon is a warlike act, even if accidental. 5. nuclear hazard, to the extent set forth in the Nuclear Hazard Clause of Section I-Conditions. 6. any loss occurring while the hazard is increased by a means within the control or knowledge of an insured. 7. intentional acts meaning a loss resulting from an act committed by or at the direction of an insured if there is intent to cause a loss. Such an act excludes coverage for all insureds. 8. ordinance or law, meaning enforcement of any ordinance or law regulating the construction, repair, or demolition of a building or other structure. SECTION I-CONDITIONS 1. Insurable Interest and Limit of Liability. Even if more than one person has an interest in the property covered, we will not be liable: a. to the insured for more than the insured's interest. b. for more than the limit of liability. 2. Your Duties after Loss. In case of a loss, you must: a. give immediate notice to us or our agent: in case of theft also to the police. In case of loss under the credit card coverage, also notify the credit card (Electronic Fund Transfer Card) company. b. protect the property from further damage. You must make repairs required to protect the property; also, keep a record of repair expenses. c. prepare a list of damaged personal property showing in detail the quantity, description, actual cash value, and amount of loss. Attach all bills and receipts that support the figures. d. as often as we reasonably require: (1) exhibit the damaged property; (2) submit to an examination under oath; and (3) provide records and documents we request and permit us to make copies. e. submit to us, within 60 days after we request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) the time and cause of loss. (2) interest of the insured and all others in the property involved and all liens on the property. (3) other insurance that may cover the loss. 8 (4) changes in title or occupancy of the property during the term of the policy. (5) detailed estimates for repair of damage. (6) a list of damaged personal property described in 2c. (7) receipts for additional living expenses and records supporting the fair rental value loss. (8) evidence or affidavit supporting a claim under the Credit Card, Electronic Fund Transfer Card and Forgery Coverage. It should state the amount and cause of loss. 3. Loss Settlement. Covered losses are settled, up to the limit of liability applicable, as follows: a. personal property and structures that are not buildings. b. carpeting and cloth awnings. c. outdoor antennas, whether or not attached to the building. d. home appliances; unless built in as part of the dwelling; at actual cash value at the time of loss, up to the amount needed to repair or replace. e. buildings in Coverage A or B at replacement cost without deduction for depreciation, subject to the following: the amount (1) When the cost to repair or replace the damage is more than is less. or more than 5 1 pay no morethan the actual cash of insurance in this policy on the building, whichever value of the damage until repair or replacement is made. (2) You may claim loss or damage to buildings on an actual cash value basis. You may make claim within 180 days after loss for any added loss on a replacement cost basis. 4. Loss to a Pair or Set. In case of loss to a pair or set we may elect to: a. repair or replace a part to restore the pair or set to its value before the loss; or b. pay the difference between actual cash value of the property before and after the loss. 5. Appraisal. If you and we fail to agree on the amount of loss, either can demand that the amount be set by appraisal. If either makes a written demand for appraisal, each will select a competent, independent appraiser and notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers will then select a competent, impartial umpire. If the two appraisers cannot agree on an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire. The appraisers will then set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. If the appraisers fail to agree within a reasonable time, they will submit their differences to the umpire. Written agreement signed by any two of these three will equally by vouhandpPraiser. Other expenses of set the amount of the loss. Each appraiser of the umpire the party selecting the appraisal and the compensation 6. Other Insurance. If a loss covered by this policy is also covered by other insurance, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss. 7. Suit Against Us. No action can be brought unless there has been compliance with the policy provisions and the action is started within one year after the date of loss or damage. 8. Our Option. If we give you written notice within 30 days after we receive your signed, sworn proof of loss, .we may repair or replace any part of the property damaged with equivalent property. 9. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy to receive payment. Payment will be made within 60 days after we receive your proof of loss and: a. reach agreement with you; or b. there is an entry of a final judgment; or c. there is a filing of an appraisal award with us. 10. Abandonment of Property. We need not accept property abandoned by an insured. 9 ¦ - -- 11. Mortgage Clause. The word "mortgagee" includes trustee. If a mortgagee is named in this policy, a loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order or precedence of the mortgages. If we deny your claim, that denial will not apply to a valid claim of the mortgagee, if the mortgagee: a. notifies us of change in ownership, occupancy, or substantial change in risk of which the mortgagee is aware. b. pays premium due under this policy on demand, if you have neglected to pay the premium. c. submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so. Policy conditions relating to Your Duties After Loss, Appraisal, Suit Against Us, and Loss Payment apply to the mortgagee. If we cancel the policy, the mortgagee will be notified at least 10 days before the cancellation takes effect. If we pay the mortgagee for a loss and deny payment to you: a. we are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or b. at our option, we.may pay to the mortgagee the whole principal on the mortgage plus accrued interest. In this event, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim. 12. No Benefit to Bailee. This insurance does not benefit a person or organization that is caring for or handling your property for a fee. 13. Nuclear Hazard Clause. "Nuclear Hazard" means any nuclear reaction, radiation, or radioactive contamination, all whether controlled or uncontrolled or however caused, or a consequence of any of these. Loss caused by the nuclear hazard will not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the covered perils in Section 1. This policy does not apply under Section I to loss caused directly or indirectly by nuclear hazard, except direct loss by fire resulting from the nuclear hazard. 14. Cellar and Foundation Clause (Ohio only). You may apply up to 10 percent of the limit of liability applicable to the dwelling to cover cellar or foundation walls. 15. Glass Replacement. We will replace covered glass using safety glazing materials when required by ordinance or law. SECTION 1-OPTIONS The following options apply only if they are indicated on the Declarations. They are subject to all provisions of this policy. Option A. The coverage for jewelry, watches and furs is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown. (2) gradual deterioration, inherent vice. (3) insects or vermin. (4) losses excluded under Section I-Exclusions. Option B. The coverage for guns, including accessories is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) insects or vermin. (3) refinishing, renovating or repairing. (4) dampness or temperature extremes, rust, fouling or explosion. (5) inherent defect or faulty manufacture. (6) breakage, marring, scratching, tearing, or denting; unless caused by fire, thieves or vehicular accident. (7) losses excluded under Section I-Exclusions. 10 Option C. The coverage for cameras, including accessories is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) renovating or repairing, rust, dampness or temperature extremes. (3) inherent defect or faulty manufacture, insects or vermin. (4) breakage, marring, scratching, tearing, or denting; unless caused by fire, thieves or vehicular accident. (5) losses excluded under Section I-Exclusions. The limits of liability for property covered by Option A, B or C are amended as follows: The option's limit of liability is shown on the Declarations. Other than loss by theft, it is in addition to the Personal Property limit of liability for losses by a Personal Property Peril Insured Against. It is the total limit, with a $1000 maximum limit for any one item, for loss by: a. theft; or b. a covered peril other than the Personal Property Perils Insured Against. Option D. The coverage and limits of liability for silverware, silver-plated ware, goldware, gold-plated ware and pewterware is amended as follows: We will pay for all risks of physical loss except that caused by: (1) wear and tear, mechanical breakdown, gradual deterioration. (2) renovating or repairing, rust, dampness or temperature extremes. (3) inherent defect or faulty manufacture, insects or vermin. (4) breakage, marring, scratching,, or denting; unless caused by fire, thieves or vehicular accident. (5) losses excluded under Section I-Exclusions. This option's limit of liability is shown on the Declarations. Other than loss by theft, it is in addition to the Personal Property limit of liability for losses by a Personal Property Peril Insured Against. It is the total limit for loss by: a. theft; or b. a covered peril other than the Personal Property Perils Insured Against. Option E. The special limit of liability applying to tools is increased to the amount shown on the Declarations. Option F. The special limit of liability on money, bank notes, bullion, gold (other than goldware), silver (other than silverware), platinum, coins and medals is increased to the amount shown on the Declarations. Option G. The special limit of liability on securities, accounts, bills, deeds, documents, evidences of debt, letters of credit, notes other than bank notes, passports, stamps, and tickets is increased to the amount shown on the Declarations. Option H. The special limit of liability on computers, including hardware and software accessories is increased to the amount shown on the Declarations. Option I. Extended Replacement Cost Coverage. Loss to the following property shall be settled at replacement cost or the full cost of repair without deduction for depreciation: (1) property covered under Coverage C-Personal Property. (2) outdoor antennas, carpeting, home appliances, and awnings. "Replacement Cost" means the cost, at the time of loss, of a new article identical to the one damaged or stolen. When the identical article is no longer available, replacement cost shall mean the cost of a new article similar to that damaged or stolen. It must be of comparable quality and usefulness. Our liability for loss under this coverage shall not exceed the smallest-of the following amounts: (1) replacement cost at time of loss. (2) full cost of repair. (3) 400 percent of actual cash value at time of loss. 11 (4) any special limits of liability described in the policy or attached endorsements. (5) our cost to repair or replace any part of the damaged or stolen property with equivalent property. You may elect not to repair or replace some or all of the damaged or stolen property. You may also elect not to have us repair or replace some or all of the damaged or stolen property. Settlement will be based on actual cash value for those items. If you later decide to repair or replace those items of damaged or stolen property, you may make an additional claim within 180 days after the loss for the difference between the items' actual cash value and the amount payable if repaired or replaced. This coverage does not apply to: (1) manuscripts, antiques, or fine arts which by their inherent nature cannot be replaced with new articles. (2) memorabilia, souvenirs, collectors' items, and other items whose age and history contribute substantially to their value. (3) property not maintained in good or workable order. (4) property which is obsolete or useless to you at time of loss. The actual cash value provisions of this policy apply to the preceding items 1 thru 4. This option does not increase this policy's limit of liability. Option J. Replacement Cost Guarantee (Dwelling). When a loss covered by this policy occurs, we will pay the lesser of: (1) the full replacement cost of the dwelling in which you live, described in your policy, for equivalent construction and use on the same premises; or (2) the amount actually and necessarily spent to repair or replace such dwelling. This is regardless of the policy limits in effect on the date of loss; subject to applicable deductibles and the following special conditions: SPECIAL CONDITIONS You must: (1) insure the dwelling in which you live, described in your policy, to 100 percent of its replacement cost; and (2) accept annual adjustments in the dwelling coverage limit of liability due to the Inflation Protection Coverage; pay the premium charged; and (3) notify us within 90 days of the start of any physical improvements or additions which increase the value of your dwelling by $5000 or more, and pay any additional premium due. You must comply with these special conditions; or, we will pay no more than the policy limits in effect on the date of loss, less applicable deductibles. This guarantee applies only to the dwelling insured under this policy identified as location #1. Option K. The special limit of liability on business property is increased to the amount shown on the Declarations. Option L. Protective Device Credit. For a premium credit, we acknowledge the installation of qualified protection devices on the residence premises. You agree to: (1) maintain these devices in working order; and (2) notify us promptly, of any changes made in the devices or if they are removed. SECTION 11-LIABILITY COVERAGES COVERAGE E-PERSONAL LIABILITY We will pay damages the insured is legally obligated to pay due to an occurrence. We will provide a defense at our expense by counsel of our choice. We may investigate and settle any claim or suit. Our duty to defend a claim or suit ends when the amount we pay for damages equals our limit of liability. 12 COVERAGE F-MEDICAL PAYMENTS TO OTHERS We will pay the necessary medical and funeral expenses incurred within three years after an accident causing bodily injury. This coverage does not apply to you. It does not apply to regular residents of your household. It does apply to residence employees. This coverage applies to others as follows: a. to a person on the insured location with the consent of an insured. b. to a person off the insured location, if the bodily injury: (1) arises out of a condition in the insured location. (2) is caused by the activities of an insured. (3) is caused by a residence employee of an insured. (4) is caused by an animal owned by or in the care of an insured. SECTION II-EXCLUSIONS 1. Coverage E-Personal Liability, and Coverage F-Medical Payments to Others do not apply to bodily injury or property damage: a. which is expected or intended by the insured. This exclusion does not apply to corporal punishment of pupils. b. arising out of business pursuits of an insured, or the rental or holding for rental of any part of any premises by an insured. Exceptions, if any, are noted on the Declarations. This exclusion does not apply to: (1) activities normally considered non-business. (2) the rental or holding for rental of a residence of-yours: (a) on an occasional basis for the exclusive use as a residence. (b) in part, unless intended for use as a residence by more than two roomers or boarders. (c) in part, as an office, school, studio, barber or beauty shop. (d) in part, as a private garage. (3) occasional or part time self-employed business pursuits of an insured under 19 years old (age 23 if a full-time student). c. arising out of any professional liability except teaching. d. arising out of premises owned or rented to an insured but not an insured location. e. arising out of the ownership, maintenance, or use of: (1) an aircraft. (2) a motor vehicle owned or operated by, or rented or loaned to an insured. (3) a watercraft owned by. or rented to an insured: (a) if the watercraft has inboard or inboard-outdrive motor power of more than 50 horsepower. (b) if it is a sailing vessel, with or without auxiliary power, 26 feet or more in overall length. (c) while rented to others. (d) while being used to carry persons or property for a fee. (e) while being used without an insured's permission. (f) while being used in an official race or speed test. This exclusion does not apply to sailboats. (g) if it is an airboat, air cushion or similar type watercraft. f. caused by war or warlike acts, including insurrection, rebellion or revolution. Discharge of a nuclear weapon is a warlike act, even if accidental. Exclusion a (3) does not apply while the watercraft is stored. Exclusions d and a (2) and (3) do not apply to bodily injury to any residence employee arising out of and in the course of employment by an insured. 13 2. Coverage E-Personal Liability does not apply to: a. liability assumed under any unwritten contract or agreement, or by contract or agreement in connection with any business of the insured. b. property damage to property owned, produced or distributed by an insured. c. property damage to property rented to, occupied or used by, or in the care of an insured. This exclusion does not apply to property damage: (1) caused by fire, smoke, or explosion; or (2) to house furnishings or premises rented to, occupied or used by or in the care of an insured for which an insured is legally liable. d. bodily injury to a person eligible to receive benefits required to be provided or voluntarily provided by the insured under the following: a workers' or workmen's compensation, non-occupational disability, or occupational disease law. e. bodily injury or property damage for which an insured under this policy also is an insured under a nuclear energy liability policy; or would be an insured but for its termination upon exhaustion of its limit of liability. f. bodily injury to an insured as defined in Definitions 3a and 3b. 3. Coverage F-Medical Payments to Others does not apply to bodily injury: a. to a residence employee if it occurs off the insured location. It does apply if the bodily.injury arises out of the residence employee's employment by an insured. b. to a person eligible to receive benefits required to be provided or otherwise provided under the following: workers' or workmen's compensation, non-occupational disability, or occupational disease law. c. from a nuclear reaction, radiation or radioactive contamination, or a consequence of any of these. It does not matter that these are controlled or uncontrolled. SECTION 11-ADDITIONAL COVERAGES We cover the following in addition to the limits of liability: 1. Claim Expenses. We pay: a. expenses we incur and costs taxed against an insured in a suit we defend. b. premiums on bonds required in a suit we defend. This does not include bond amounts greater than the limit for Coverage E. We are not obligated to apply for or furnish a bond. c. reasonable expenses incurred by an insured at our request. This includes actual loss of earnings (but not loss of other income) up to $100 per day for assisting us in the defense of a claim or suit. d. interest on the entire judgment. This must accrue after entry of the judgment. It must accrue before-we pay or deposit in court that part of the judgment which does not exceed the coverage that applies. 2. First Aid Expenses. We will pay expenses for first aid to others incurred by an insured for bodily injury covered under this policy. We will not pay for first aid to you or any other insured. 3. Damage to Property of Others. We will pay up to $1000 per occurrence for property damage to property of others caused by an insured. We will not pay for property damage: a. to property covered under. Section I. b. caused intentionally by an insured who is age 13 or older. c. to property owned by or rented to an insured, a tenant of an insured, or a resident in your household. d. arising out of: (1) business pursuits. (2) an act or omission in connection with a premises owned, rented, or controlled by an insured, other than the insured location. (3) the ownership, maintenance, or use of a motor vehicle, aircraft or watercraft. 14 4. Accidental Death Benefits. We will pay to the estate of the deceased the amount shown in the policy for accidental loss of life to an insured. Death must be caused solely,by accident. Accident means an event which is sudden, unforesden, and unintended. Death must be within 90 days of the accident. It must result directly from bodily injury suffered on the residence premises. Death must be independent of other causes. The adult benefit applies beginning at age 18. We will not pay where death results directly or indirectly, wholly or in part, from any of the following causes: a. disease, bodily or mental illness. b. medical or surgical treatment for disease, bodily or mental illness. c. infection unless it results from a visible wound. It must be resulting from an accident which happened at the residence premises. d. suicide, whether deceased was sane or insane. e. sensitivity to drugs or an overdose of drugs. f. taking poison or inhaling gas, voluntarily. g. war or an act of war, declared or undeclared. It does not matter whether the insured is in military service or not. SECTION II-CONDITIONS 1. Limits of Liability. Our total liability under Coverage E stated in this policy for all damages resulting from one occurrence will not exceed the limit for Coverage E stated in this policy. This is true regardless of the number of insureds, claims made or persons injured. Our total liability under Coverage F for all medical expense for bodily injury to one person resulting from one accident will not exceed the limit for Coverage F stated in this policy. 2. Severability of Insurance. This insurance applies separately to each insured. This condition will not increase our limit of liability for one occurrence. 3. Duties after Loss. In case of an accident or occurrence, the insured will perform the following duties that apply. You will cooperate with us in seeing that these duties are performed: a. Give notice to us or our agent as soon as practicable setting forth: (1) identity of the policy and insured. (2) the time, place, and facts of the accident or occurrence. (3) names and addresses of the claimants and witnesses. b. Forward to us every document relating to the accident or occurrence. c. At our request, assist in: (1) making settlement. (2) enforcing a right of contribution or indemnity against a person or entity who may be liable to an insured. (3) conducting suits, and attending hearings and trials. (4) giving evidence and asking witnesses to attend. d. Under the coverage-Damage to Property of Others-submit to us, within 60 days after the loss, a sworn proof of loss and exhibit the damaged property, if within the insured's control. e. The insured shall not, except at the insured's own cost, voluntarily make a payment, assume an obligation, or incur an expense other than for first aid to others at the time of the bodily injury. f. Under the coverage-Accidental Death Benefits: (1) you agree to authorize us to receive medical reports and copies of supporting records. (2) we have the right and opportunity to make an autopsy where not forbidden by law. (3) coverage ends on its nearest anniversary date to an insured reaching his 65th birthday. 4. Duties of an Injured Person-Coverage F-Medical Payments to Others. The injured person or someone on behalf of the injured person will: a. give us written proof of claim, under oath if required, as soon as possible. b. authorize us to obtain copies of medical reports and records. The injured person will submit to physical examination by a physician we select. This may be as often as we require with good reason. 15 5. Payment of Claim-Coverage F-Medical Payments to Others. Payment under this coverage is not an admission of liability by an insured or us. 6. Suit Against Us. No action can be brought against us unless there has been compliance with the policy provisions. No one has a right to join us as a party to an action against an insured. No action with respect to Coverage E can be brought against us until the obligation of the insured has been determined by final judgment or agreement signed by us. 7. Bankruptcy of an Insured. Bankruptcy or insolvency of an insured will not relieve us of our obligations under this policy. 8. Other Insurance-Coverage E-Personal Liability. This insurance is excess over other valid and collectible insurance. This does not apply to insurance written as excess over the limits of liability that apply in this policy. SECTION I AND SECTION 11-CONDITIONS 1. Policy Period. This policy applies only to loss under Section I or Section I I which occurs while the policy is in force. 2. Concealment or Fraud. We do not provide coverage for an insured who has by design concealed or misrepresented a material fact or circumstance relating to this insurance. 3. Liberalization Clause. If we adopt a revision which would broaden the coverage under this policy without added premium, the broadened coverage will apply to this policy at once. 4. Waiver or Change of Policy Provisions. A waiver or change of a part of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights. 5. Continuous Renewal Policy Provisions. If the Declarations indicate this is a continuous renewal policy, the policy becomes effective on the date shown. It may be continued in force as long as the premiums required are paid, subject to the rates, rules and forms then in effect. 6. Cancellation. You may cancel this policy at any time by returning it to us or by notifying us in writing of the date cancellation is to take effect. We may cancel this policy only for the reasons stated in this condition by notifying you in writing of the date cancellation takes effect. This cancellation notice will be mailed to you at your address shown in the policy. Proof of mailing will be proof of notice. a. When you have not paid the premium, whether payable to us or our agent or under a finance or credit plan, we may cancel at any time by notifying you at least 10 days before cancellation takes effect. b. When this policy has been in effect less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 10 days before cancellation takes effect. c. When this policy has been in effect 60 days or more, or at any time if it is a renewal with us, we may cancel if: (1) there has been a material misrepresentation of fact which if known to us would have caused us not to issue the policy; or (2) the risk has changed substantially since the policy was issued. This can be done by notifying you at least 30 days before cancellation takes effect.. d. When this policy is written for a period longer than one year, we may cancel for any reason at its anniversary by notifying you at least 30 days before cancellation takes effect. When this policy is cancelled, the premium for the period from the date of cancellation to the premium payment date will be refunded. The return premium will be pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a reasonable time after cancellation takes effect. address 7. Nonrenewal. We may elect not to renew this c do so by renewal date ofgth to you, at this policy. PProof of lmagings hall shown in this policy, written notice at least 30 days before be proof of notice. 8. Policy Transfer. You may transfer this policy to another only with our written consent. 9. Subrogation. When we pay a loss, an insured and help us enforce hem. This condition these rights tion does of apply to "Medical we paid. An insured must st protect Payments to Others" or the "Damage to Property of Others" protection. 16 10. Death. If a person named in this policy or the spouse, if a resident of the same household, dies, we insure: a. the legal representative of the deceased, only with respect to the premises and property of the deceased covered under the policy at the time of death. b. a member of your household who is an insured at the time of death, but only while a resident of the residence premises. c. with respect to your property, the person having proper custody of the property until appointment of a legal representative. 11. Additional Insured-Non-Occupant. An additional insured may be named in this policy. His interest in the residence premises is protected under Coverage A and Coverage B. He also is protected under Coverage E for his liability from ownership, maintenance or use of the residence premises. These provisions do not increase the amount of insurance. 12. Optional Payment of Premium in Installments. You may, if you wish, pay the premium for this policy in installments. This is under terms and conditions approved where required by the Department of Insurance. For each separate installment payment there is an installment premium payment charge. Your agent or sales representative can provide additional information about installment payment. 13. Optional One-Check Plan. You may, if you wish, pay the premium for this policy monthly under the terms of the One-Check Plan. There is a premium loading charge for each monthly payment for this policy or for the total monthly payments for all policies included in the Plan. This option may be cancelled by you or us. To do so advance notice must be given. Your agent or sales representative can provide additional information about the One-Check Plan. SECTION I AND SECTION II-ONIONS The following options apply only if they are indicated on the Declarations. They are subject to all provisions of this policy. Option M. Personal Injury Coverage-under Coverage E-Personal Liability the definition of bodily injury is amended to include personal injury. "Personal injury" means injury as a result of: (1) false arrest, false imprisonment, wrongful eviction or wrongful entry; (2) wrongful detention, malicious prosecution, misrepresentation, or humiliation; (3) libel, slander, defamation of character; or (4) invasion of rights of privacy. Section II-Exclusions do not apply to personal injury. Personal injury coverage does not apply to: (1) liability assumed by the insured under a contract or agreement; (2) injury caused by a violation of a penal law or ordinance if committed by or with the knowledge or consent of an insured; (3) injury sustained by a person as a result of an offense directly or indirectly related to that person's employment by the insured; (4) injury arising out of business pursuits of an insured; or (5) civic or public activities performed for pay by an insured. Option N. Loss Assessments Coverage. Definition: "Association" means the management body of the property owners. They must have common property interest with you. The common property must be part of the housing development where you live, as shown on the Declarations. We agree to pay your share of an assessment charged against all members of the Association. We will pay up to the limit shown for.. this option on the Declarations. The assessment must be a result of: (1) a direct loss to property collectively owned by the Association. It must be caused by a peril covered under Section I of this policy; (2) an event of the type covered by Section 11 of this policy; or 17 (3) damages the Association is legally obligated to pay due to personal injury as a result of: (a) false arrest, false imprisonment, wrongful eviction, or wrongful entry; (b) wrongful detention, malicious prosecution, misrepresentation, or humiliation; (c) discrimination due to age, race, creed, sex, color, religion or national origin (but only for liability other than fines and penalties imposed by law); (d) libel, slander, defamation of character; or (e) invasion of rights of privacy. This coverage is excess over other valid and collectible insurance covering the Association. Loss under subparagraph (1) is subject to the Section I deductible shown on the Declarations. POLICYHOLDER MEMBERSHIP IN THE COMPANY Because this policy is issued by a mutual insurance company, you are_a member of the company while this or any other policy is in force. While a member you are entitled to one vote only-either in person or by proxy-at meetings of members of the company. You are entitled to any dividends as provided by law and which are declared by the Board of Directors. The annual meeting of members of the company will be held at the Home Office at Columbus, Ohio, at 9:30 a.m. on the first Thursday of April. IN WITNESS WHEREOF: Nationwide Mutual Fire Insurance Company has caused this policy to be signed by its President and Secretary at Columbus, Ohio, and countersigned by a duly authorized representative of the company. )00AI'ov ? 07. /7440914- Secretary U Nationwide Mutual Fire Insurance Company/Home Office: One Nationwide Plaza, Columbus, Ohio 43215-2220 President 18 Amendatory Endorsement (Pennsylvania) Please attach this Important addition to your policy. CONCEALMENT OR FRAUD The Concealment or Fraud provision of this policy Is deleted and replaced by the following: CONCEALMENT OR FRAUD 1. This policy Is vold as to all insureds if you or any other insured has Intentionally misrepresented any material fact or circumstance which would have caused us not to Issue or renew this policy. 2. This policy does not provide coverage for all insureds if you or any other insureds, either before or after a loss, has: a) Intentionally concealed or misrepresented any material fact or circumstance; or b) committed any fraud or made false statements relating to such loss. CANCELLATION The Cancellation provisions of this policy are amended as follows: We may cancel this policy only for the reasons stated In this condition by notifying you in writing of , the date cancellation takes effect. 1, When this policy has been In effect for less than 60 days and is not a renewal, we may cancel for any reason by notifying you at least 10 days before the cancellation takes effect. 2. When this policy has been in effect for 60 days or more, or at any time If it Is a renewal, we may cancel only for one or more of the following reasons by notifying you at least 30 days. prior to the proposed cancellation date: a. this policy was obtained through material misrepresentation, fraudulent statements, omissions or concealment of fact material to the acceptance of the risk or to the hazard assumed by us; b. there has been a substantial change or Increase In hazard in the risk assumed by us subsequent to the date the policy was Issued; c. there is a substantial increase in hazards Insured against by reason of willful or negligent acts or omission by you; d. you have failed to pay the premium by the due date, whether payable to us or to our agent or under any finance or credit plan; or e. for any other reason approved bythe Pennsylvania Insurance Commissioner. This provision shall not apply If you have demonstrated by some overt action to us or to our agent that you wish the policy to be-cancelled. Delivery of such written notice by us to you at the mailing address shown In the policy or at a forwarding address shall be equivalent to mailing. Proof of mailing will be proof of notice. NONRENEWAL The Nonrenewal provisions of this policy are amended as follows: We will not fail to renew this policy with the types and limits of coverage at least equal to those contained In the policy being superseded while we are issuing policies for this kind and class of insurance in the state of Pennsylvania except for one of the reasons referred to In the provisions of this endorsement. We may refuse to renew for one of the listed reasons by mailing to you at the mailing address shown in the policy or at a forwarding address, written notice at least 30 days prior to the expiration date of this policy. This provision does not apply If: Fire 2630-B (5-96) EXHIBIT Page 1 of 2 a. we have Indicated our willingness to renew and the insured has falled to pay the premium by the due date; or b. we have Indicated to us or our agent that you do not wish the policy to be renewed. Delivery of such written notice by us to you at the mailing address shown In the policy or at a forwarding address shall be equivalent to malling. Proof mailing will be proof of notice. Al other provisions of this policy apply. This endorsement Is Issued by the company shown In the Declarations page as the Issuing company. NATIONWIDE INSURANCE COMPANIES Horne Office: 'Columbus, Ohio 43215-2220 Page 2 of 2 Fire 2630-B (5-96) amendatory endorsement Please attach this important addition to your policy. It is agreed that the policy is amended as follows: DEFINITIONS the definition of Business is deleted and • In all policies, except Mobile Homeowners, It includes home care services regularly replaced by the following: atlon. Business Includes trade, profession er hOccup an person or persons, other than insureds or insureds' relatives, for which there provided a p ensation. A mutual exchange of home care services art is not -time Is monetary or other comp old (age 23 If a considered compensation. Business does an °nsured under 19 years ors or self-employed home care services provided by tudet .Unless used in connection with home care services ses , an office, school in, studio is not a business I full-times ) , barber t) beauty shop of an insured on the residence premi its occupancy is described in the policy. the following: • in all policies, the definition of occurrence is deleted damage resulting from an accident, Occurrence means bodily injury or prop Y ition including continuous or repeated exposure to the same general cond. The occurrence ash must be during the policy period. all olicies the following definition Is added. It applies wherever the words "actual c • In p value" are used In the policy or aend morsemen s• rear de ?cepfoir or ypace covered property h sil al deterioration and Cash Value means the amount It wossdailowa Actual rality, e with preciation!Incfluding obsolescence. P SECTION 1 - OTHER COVERAGES adding all policies under Section I - Other Coverages, Debris Removal is amended by • Ina ou Incur for the the following paragraph ' re ate for the reasonable expense y We will pay up to $500 In the a99 g removal of tree debris from the residence premises when: ge to a covered or a. the tree, as a result of a covered peril, causes d cau es damage to asc vicered'structu is Sn}S b. windstorm, hall, or weight of Ice, snow or sleet the Pennsylvania Governor has declared of ch weatherr conditions residence prem located to be a disaster area as a result provided by this policy. This amount does not increase the debris removal coverage p SECTION i - PERILS INSURtu HuH??.? rite ii, Condominium, Tenants and Golden Blanket accidepolicies, the Section I - Perils ntal discharge or overflow • In the E Coverage pertaining to Insured f water, Against. ls deleted and replaced by the following: heating, air o household appliance. accidental discharge pro or ovetectionrflow of sprinkler water or system or steam from from within a within a plumbing. conditioning or fire P lumbing This peril does not include loss: from outside the dwelling's plumbing a sump a, caused by or resulting from water that backs up _rflO n system and enters through sewers or drains; or water entering or ov thiswlolgicY or ed pump, sump pump were t asstem may be designed provided remove elsewhere in subsurface water policy the foundation area a exc xcep endorsement. EXHIBIT Page 1 of 4 Fire 3358-A (10-96) usotrmoldtwetWOtior b. due to continuous or repeated seepage ior eakage ationof aer, steam occurs over a period of time and results d ry rot. c. due to freezing except as provided by the peril of freezing. d. to the system or appliance from which the water, steam or moisture escaped. nsured Against In the Elite II and Golden Blanket policies, Items 5. andli6.lare dele ed and replaced by -Dwelling and Coverage B - Othe the following: We cover direct physical loss to property described in Coverages A and B except that caused by: lrom a 5. continuous or repeated itionisepkprrotectvetsp time heating, air conditioning or automatic , mold or plumbing system that results in deterioration sh`stall, stsh wer tubwet tubr Is allation orother leakage from,, within, or around any plumbing fixture, including their walls, ceilings or floors, is also excluded. If loss caused by water or steam Is not otherwise excluded, we will cover the cost of tearing out and replacing any part of the building necessary to repair or replace the system or appliance. We do not cover loss to the system or appliance from which the water or steam escaped. 6. wear and tear; marring, deterioration; inherent vice; latent defect; mechanical breakdowon; smud rust; mold; fungus; wet or dry rot; c cracking, shrinkiong, bulging, or pan scion of pavements, insects or industrial operations; settling, patios, foundations, walls, floor, roofs or ceilings; birds vermin, rodents, overed building caused by domestic animals. Breakage of glass constituting p art of , covered. birds, vermin, rodents, insects or domestic SECTION I - EXCLUSIONS • In all policies, the Section I - Exclusion pertaining to earth movement Is deleted and replaced by the following: ement earth movement and volcanic eruption. even resuing from earth contributed,?d ectly ordindirectiyi causes, described below is not covered cause the loss. Earth movement t earmeans: thquake-, ?landslide-,mudslde to earth shifting,, rising or causes, including mine subsidence; sinking. Volcanic eruption means: eruption; ft explosion; of glass whioch Is part of the building Resulting direct loss by fire, explosion, the Is covered. • In all policies, the Section I - Exclusion pertaining to water damage is deleted an replaced by the following: We do not cover loss resulting directly or indirectly from: Water or damage caused by water-borne material. Loss resulting from water or water-borne ther material damage described belowIs covered even If ma e?iai damage mea?insuted, directly, or indirectly, to cause the loss. a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from these, whether or not driven by wind. b. water or water-borne material which: (1) backs up through sewers or drains from outside the dwelling's plumbing system; or (2) overflows from a sump pump, sump pump well or other system designed to remove subsurface water or water-borne material from the foundation area. water or ground c. water or water-borne seepseorr leaks through ga building pressure u farce material whichri below the water-borne sidewalk, driveway, foundation, swimming pools or other structure. loss. results from water or water-borne We do cover direct loss biIfiirei explosion or theft material damage If the resulting • In all homeowners policies, any Section I - Exclusion pertaining to Intentional acts Is deleted and replaced by the following: Fire 3358-A (10-96) Page 2 of 4 r at the Int0 act entional criminal red tacts, meaning a loss hat may reasonably be expected to result f om suchdacts;oor Is the direction of a an insured Intended result from such acts. Such an act excludes coverage for all insureds, • In the Mobile Homeowners policies only, the above Section I - Exclusion, Intentional Acts, Is added to Mobile Homeowners policies. ion • In all homeowners policies except as paragraph #9. It is added as parag aph #S1 Itn the added - Exclusions, the following is Mobile Homeowners policy. a. a fault, weakness, defect or Inadequacy in the: (1) specifications, planning, zoning; (2) design, workmanship, construction, materials; (3) surveying, grading, backfilling; (4) development or maintenance; of any property on or off the residence premises whether Intended or not; or b. conduct or failure to o negligent, of wrongful u person, or without group, organization or governmental body, whether In 9 , fault. This exclusion only applies if another peril excluded by this policy contributes to the loss. SECTION I - CONDITIONS AND OPTIONS • In all policies under Your Duties After Loss, subparagraph d. (2) Is replaced by the following: (2) submit to examination separately in the presence of any other insured. the exams will be conducted sepa y and not • In the Basic and Elite It policies only, under Loss Settlement paragraph e., the following subparagraph Is added: (3) if you do not repair or replace, we will pay only the actual cash value of the damaged building, not to exceed the limit of liability applicable. • In the Golden Blanket Policy, paragraph c. of Loss Settlement and in other policies, Option - Extended Replacement Cost Coverage are deleted and replaced by the following: Covered loss to the following property shall be settled at replacement cost or the full cost of repair without deduction for depreciation up to the limit of liability applicable: (1) property covered under Coverage C - Personal Property. (2) outdoor antennas, carpeting (Including wall to wail), home appliances and awnings. "Replacement Cost" means the cost, at the time of loss, of a new article identical to the cost one damaged te rcostolen. st of ahnewhartc article similar to that damaged o. stole nlItcmust be of shall mean n comparable quality and usefulness. Our liability for loss under this coverage shall not exceed the smallest of the following amounts: (1) replacement cost at the time of loss. (2) full cost of repair. (3) any special limits ofliability ee described any pa In the policy or attachd of the damaged or stolen poops endrsements. equivalent (4) our cost to repair op property. In this You may elect not to repair or replace some or all of the damaged or stolen property. event, settlement will be based on the smallest of the repair cost, replacement cost, any special limit of liability that applies or the actual cash value of those items. If you later tiheaamout tr payable180 decide to repair for areplace those ny Items, he ammake an ount paid and after the loss loss Y repaired or replaced. The actual repair or replacement of the property need not be completed within the 180 days, but payment will not be made until proof of repair or replacement Is provided to us. Page 3 of 4 Fire 3358-A (10-96) 'This coverage does not apply to: (1) manuscripts, antiques or fine arts which by their Inherent nature cannot be replaced with new articles. (2) memorabilia, souvenirs, collectors' items, and other items whose age and history contribute substantially to their value. (3) property not maintained In good or workable order. (4) property which is obsolete or useless to you at the time of loss. The actual cash value provisions of this policy apply to the preceding items 1 thru 4. This provision (option) does not increase the policy's limit of liability. • In the Golden Blanket policy onyon under J Loss Settlement, Replacement Cost Guarantee (Dwelling), the other homeowners policies, Opt' Pacement following subparagraph is added: (3) the actual cash value of the damage until repair or replacement is made, if the cost to repair or replace building is more than $1000. You may make a claim within 180 days after loss for any added loss on a replacement cost basis. If you choose not to repair or replace the damaged building, payment will be on an actual cash value basis, up to the limit of liability shown on the Declarations. SECTION II - EXCLUSIONS • In all policies under the Section II - Exclusions for Personal Liability and Medical Payments to Others, paragraph a. Is deleted and replaced by the following: a. by an act intending to cause harm done by or at the direction of any insured. This exclusion does not apply to corporal punishment of pupils. • In all policies under the Section 11 - Exclusions for Personal Liability and Medical Payments to Others, the following subparagraphs are added: g. resulting from an Insured transmitting a communicable disease. h. arising out of the Ingestion or inhalation of lead or lead compounds. Ail other provisions of this policy apply. This endorsement is issued by the company shown in the Declarations page as the issuing company NATIONWIDE INSURANCE COMPANIES Home Office: Columbus, Ohio 43215-2220 Page 4 of 4 Fire 3358-A (10-96) NATiOhWDE INSURANCE Nationwide is on your side ELITE II POLICY DECLARATIONS Non-Assessable Page 1 of 3 These Declarations are a part of the policy named above and Identified by policy number below. They supersede any Declarations Issued earlier. Your Elite II Policy will provide the Insurance described in this coverage optllonsle policy provisions. See policy for details he other covnfl•s and lance with all pegiarding return Policy Number: Policyholder: 58 37 HO 482766 (Named insured) 30 RE SMITHH STBIEBER Issued: TOPTON PA 19582.1119 JAN 16, 1998 Policy Period From: forr ann0ual renewaltperiods If premiums but paiy d as requ9red Each premium egins and has atAe 2:01 AnM only standard time at the Residence Premises. Change Effective Date: JAN 14, 1998 The Following Change(s) Have Been Made To Your Poll,-v: The limit of liability for Section II coverage for Incidental Occupancy Is added, Residence Premises Information: COREY & JOEY BIEBER ONE FAMILY PROTECTION CLASS 5 308 E SMITH ST FRAME DWELLING RATED PROTECTION CLASS 5 TOPTON YEAR OF CONSTRUCTION 1980 INSIDE SINGLE CLASS AREA PA 19562-1119 WITHIN 1000 FT FROM HYDRANT WITHIN 5 MILES FROM FIRE DEPT FIRE DISTRICT 0024 TOPTON BOROUGH OF PROTECTION TERRITORY 032 SECTION I Property Coverages COVE RAG E-A-DwELLI NG COVE RAG E-B-OTH ER STRUCTURES COVERAGE-C-PERSONAL PROPERTY COVERAGE-D-LOSS OF USE SECTION II Liability Coverages COVE RAGE-E-P RSONAL LIABILITY FOR EACH 0 CURRENCE: PROPERTY DAMAGE AND BODILY INJURY COTO OTGHERS EACH -MEDICAL PAYMENTS H5300 FRAME: B 13 Limits Of Liability Deductible: $250 ALL PERILS $ 67 , 000 In case of a lose under Section I, we cover only that part of each loss over $ 6, 700 the deductible stated. $ 43,550 $ 67,000 Limits Of Liability EXCEPTIONS S 200, 000 THE SECTION II LIABILITY COVERAGES - COVERAGE E AND COVERAGE F, ARE EXTENDED TO: HOME CARE SERVICE AT RESIDENCE S 1 , 000 PREMItiSE? LIABILI $ 200,000 NUMBER OF PERSONS 1-3 EXHIBIT rc.__ i ELITE II POLICY DECLARATIONS Page 2 of 3 PERSONAL PROPERTY-SPECIAL LIMITS OF LIABILITY The special limits shown below for each cat9g2ry Is the total limit for each lose for all property In that category. They Limfta of LlabllR oThese limits are Includ Included In theybasic Policy premiums Policy for details regarding the Special Y• Theft Losses Only Category Llmha of Liability JEWELRY, WATCHES AND FURS $ 1 1000 CAMERAS 1 '000 GUNS 1,000 TOOLS 1 .000 SILVERWARE 2.500 - All Covered Losses Category Limits of Liability MONEY ' 200 000 1ITIES SECU 1 , 1 000 WATERCRAFT , 000 $ 1 TRAILERS , 000 $ 1 MANUSCRIPT , 3 000 COMPUTERS , BUSINESS PROPERTY OTHER COVERAGES/OPTIONS APPLICABLE See Policy or Endorsements for details regarding the Other Coverages and Options that apply to your policy. Other Coverages Limits of Liability N APPLIES 10 INFLATION PROTEC BOECKH INDEX 496.7 ACCIDENTAL DEATH BENEFIT 'EACH CHILD $ $ Soo 2 000 EACH ADULT FIRE DEPARTMENT SERVICE CHARGE $ , 500 CREDIT CARD - FORGERY 1 , 0 00 Options Applicable OPTION-J-REPLACEMENT COST GUARANTEE APPL I ES DWELLING OPTION-L-PROTECTIVE DEVICE CREDIT APPLIES LOCAL FIRE OR SMOKE ALARM SYSTEMS SCHEDULED PERSONAL PROPERTY S T 1 , 845 PREMIUM SUMMARY Premium Based On Premium Amount POLICY PREMIUM SCHEDULED PERSONAL PROPERTY $ 222.00 Annual Premium S 232.00 Annual Premium Includes Discounts For: HOME/CAR HOME PROTECTIVE DEVICE FRAME: C 13 NATIONWIDE INSURANCE Natbnwid• is on your alda Policy Number: 58 37 HO 462766 Issued: JAN 16, 1998 ELITE II POLICY DECLARATIONS Non-Assessable Page 3 of 3 Policyholder: (Named Insured) COREY BIEBER Policy Period From: NOV 10, 1997 TO NOV 10. 1998 FORMS and ENDORSEMENTS MADE PART OF POLICY Fire 2502 Elite II Homeowners Policy Fire 2030-8 Amendatory Endorsement Fire 3358-A Amendatory Endorsement Fire 2514 Schedule Personal Property Endorsement ADDITIONAL INTERESTS FIRST MORTGAGEE BRUCER & LINDA BIEBER 5750 SUN VALLEY RUN ZIONSVILLE PA 18092.2042 ADDITIONAL INSURED BRUCE R & LINDA BIEBER 5750 $UN VALLEY RUN ZIONSVILLE PA 18092.2042 Issued By: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Countersigned At: HARRISBURG, PA Prior Declaration Issued: NOV 20, 1997 Home Office - Columbus, Ohio By: R. J. FLAIL i IMPORTANT PHONE NUMBERS Nationwide 24-Hour Claims Number: 1-800-4i21-3535 For QUESTIONS About Your Policy, Call Your NATIONWIDE AGENT: R. J. FLAIL 610-683-6823 'For Hearing Impaired: TTY 1-800-622-2421 Nationwide Regional Office: 717-657-6400 FRAME: D 13 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Joey Beiber 1827 Carlisle Street Bethlehem, PA 18017-5211 DATE OF NOTICE: JANUARY 17, 2007 . You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: Brigid Q. Alfor , Es ire Supreme Court I.D. #38590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: 11,-t o7 Brigid 0. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford0att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE : COURT OF COMMON PLEAS INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-7283 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Joey Beiber 1827 Carlisle Street Bethlehem, PA 18017-5211 FECHA DE NOTICIA: JANUARY 17, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By: Brigid Q. Alford, squ' Date: ?,?(o? t1 `tip 0 j y ? ?:: Gw X17 ? 7 Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford®att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 DATE OF NOTICE: JANUARY 17, 2007 You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: Y?A- "- 2, L?? Brigid Q. Alford, squ' e Supreme Court I.D. #38590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: Ill Lbl Brigid 0. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidaltord@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE : COURT OF COMMON PLEAS INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-7283 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, . Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 FECHA DE NOTICIA: JANUARY 17, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNAAUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By: Brigid Q Alfor , Es uire Date: 1(i-7 /o7 r- c? _,l --n ? `? ? ? _ -±?, , T; 7 ?;-' ?` . d Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 DATE OF NOTICE: JANUARY 17, 2007 You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: -2 C?zi,? Brigid Q. Alford, Lsquee Supreme Court I.D. #38590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: I 1 `?D' Brigid 0. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN NO. 06-7283 Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Yvonne Martin 2389 Juniper Drive Coppay, PA 18037 FECHA DE NOTICIA: JANUARY 17, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNAAUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 1827 Carlisle Street Bethlehem, PA Pro Se By: Lk"-'c - Brigid Q. (ford, sq e Date: o -T, TI . Brigid O. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants NO. 06-7283 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Mark Martin Individually and as parent and Natural Guardian of Jessica Martin C/O Evan J. Kline, Esquire 7 East Market Street York, PA 17401 DATE OF NOTICE: March 21, 2007 You are in default because you have failed to file an Answer to Plaintiff's Action for Declaratory Judgment filed October 13, 2005 in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 BOSWELL, TINTNER, PICCOLA & ALFORD By: 4s,?- az"4=== s Brigid Q. Alford, E quire Supreme Court I.D. #38!590 315 N. Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Date: 3 Brigid 0. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7283 Defendants : CIVIL ACTION - LAW IMPORTANT NOTICE TO: Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin C/O Evan J. Kline, Esquire 7 East Market Street York, PA 17401 FECHA DE NOTICIA: March 21, 2007 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDI ENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-717-249-3166 CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Notice by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 809 Summit Street Bethlehem, PA 18015 Pro Se By: 4Lt'4 --t Brigid Q. (ford, squ' Date: z r -v ca Q t? r t MM f-- x? ? T r? -? -j Zo '?} y ?1?.1AJJJ •^w.. ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants :NO: 06-7283 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO ACTION FOR DECLARATORY JUDGMENT AND NOW COMES the Defendant, Mark Martin, individually and as parent and natural guardian of Jessica Martin, and files the following Answer to the Plaintiff s Complaint for Declaratory Judgment, and avers as follows: 1. Admitted upon information and belief. 2. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. 3. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. 4. Denied. Mark Martin's correct address is: 120 East Lauder Street, Carlisle, PA 17013. 5. Admitted upon information and belief. 6. Admitted. 7. Admitted. 8. Admitted. 9 Admitted upon information and belief. 10. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. Answering Defendant is aware that Defendant Lucas was present at the Beiber residence when the molestation alleged in the underlying Complaint occurred. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. 16. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. 17. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. 18. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. 19. Denied. The averments of this paragraph are conclusions of law to which no response is necessary, and the same are therefore denied. To the extent that this paragraph contains factual averments, after reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied. Strict proof of Defendant Lucas' status is demanded. 19. (Plaintiff's Complaint has two paragraph 19s) Admitted. By way of further answer, the policy speaks for itself. 20. Denied. The definition of "bodily injury" is a legal conclusion to which no response is necessary, and the same is therefore denied. To the extent a response is required, this averment is denied. The Complaint in the underlying action is replete with allegations of physical assault, as well as past and future pain. 21. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. By way of further answer, the policy speaks for itself, and the Complaint misstates the definition of occurrence in the policy language. 22. Denied. The averments of this paragraph constitute conclusion of law to which no response is required, and the same are therefore denied. To the extent that a response is required, the averments of this paragraph are denied. The underlying Complaint does allege that the physical assault and molestation were caused by the negligence (accident) of Joey Beiber. 23. Denied. The averments of this paragraph constitute conclusion of law to which no response is required, and the same are therefore denied. By way of further answer, see the answer to the preceding paragraph. 24. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied.. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. 25. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. 26. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. 27. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. 28. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. 29. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. 30. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. WHEREFORE, the Defendant, Mark Martin individually and as parent and natural guardian of Jessica Martin, respectfully requests that this Honorable Court enter an Order as follows: A. Declaring that the Plaintiff is obligated to provide coverage to, defense for, and indemnification of Defendant Beiber and Defendant Lucas, in connection to and related with the incidents described in the pending civil Complaint filed by Defendants Mark and Jessica Martin; B. Awarding counsel fees, interest and costs to the Defendant, Mark Martin, individually and as parent and natural guardian of Jessica Martin; C. Prohibiting Plaintiff from withdrawing its defense of Defendant Beiber in the lawsuit; D. Awarding such further relief as may be appropriate. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP BY: c ?- Evan J. Kline Attorney for Defendant Mark Martin 7 East Market Street York, PA 17401-1205 Telephone: 717/848-3838 Superior Court ID #70283 V E R I F I C A T I O N I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 994904, relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants :NO: 06-7283 CIVIL ACTION - LAW :.JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date, March 26, 2007, mailed a copy of Defendant Mark Martin's Answer to Action for Declaratory Judgment by first class mail to: Brigid Q. Alford, Esquire Attorney for Plaintiff 315 North Front Street P O Box 741 Harrisburg, PA 17108-0741 Yvonne Martin 2389 Juniper Street Coplay, PA 18037 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Joey Bieber 809 Summit Street Bethlehem, PA 18016 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP BY C Q Evan J. me, Esquire Supreme Ct. ID 470283 7 East Market Street York, PA 17401 Phone: 717/848-3838 Fax: 717/854-9172 n ? O i2 - CC) ?` C,? Q PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, (Plaintiff) VS. JOEY BIEBER: SHAUN M. LUCAS: MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; And YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, (Defendant) No. 06-7283 Civil Im. 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Brigid Q. Alford, Esquire Address: 315 N. Front St. P.O. Box 741 Harrisburg, PA 17108-0741 (b) for defendant: Evan Kline, Esquire (for Defendant Mark Martin Address: 7 East Market St. and Jessica Martin) Pro Se Defendants York, PA 17401 Yvonne Martin 809ySuB op. mmitrSt. 263 wv2389 Juniper Drive Bethlehem PA 18015 Center ey;;.PA 18034-8408 Coplay, PA 18037 ?. I will notify all parties Jinn writing within two days that this case has been listed for argument- 4. Argument Court Date : May 16 , 2007 Dated: April 25, 2007 Attorney or Plain ff BRIGID Q. ALFORD, ESQUIRE a -V x t ? ? c-n -0 - C 5 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) brigidalford@att.net (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE COURT OF COMMON PLEAS INSURANCE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-7283 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Pursuant to Pa. R.C.P. No. 1035.1 et seq., Plaintiff Nationwide Mutual Fire Insurance Company, by its attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, moves the Court to enter summary judgment in its favor, and in support thereof states as follows: 1. This is a declaratory judgment action that arises from an incident or incidents that occurred in 1998, at a private day care business operated by Defendant Joey Bieber at her then-residence at 308 East Smith Street, Topton, Pennsylvania, and that raises issues as to coverage under a certain policy of insurance, issued by Plaintiff to Defendant Bieber and in effect at the time of the incident at issue. 2. Defendants Mark Martin and Yvonne Martin are the parents of Jessica Martin, a minor.' 3. Defendant Shaun M. Lucas is the adult brother of Joey Bieber. 4. In 1998, Defendant Yvonne Martin hired Defendant Bieber to provide day care services to Jessica Martin. 5. In 1998, Defendant Lucas was present as an occasional visitor in the Bieber residence, at the same time that Jessica Martin was a day care client there. 6. In a civil action filed and pending in the Berks County Court of Common Pleas, Defendants Mark Martin and Jessica Martin have alleged that, while Jessica was present in the Bieber residence, Defendant Lucas physically assaulted and molested Jessica and that, as a result of those acts, Jessica Martin suffered certain psychological injuries. A true and correct copy of the complaint from that adjunct litigation was attached to the Declaratory Judgment Complaint as Exhibit A, and is thus of record in this case. It ' The Martins are divorced and Defendant Mark Martin and daughter Jessica now reside in Cumberland County, Pennsylvania. -2- is incorporated herein by reference as if fully set forth herein as well. 7. The policy at issue, and relevant endorsements, all of which were in full force and effect at the time of the incident at issue, were attached to the Declaratory Judgment Complaint as Exhibits B, C, D, and E, and are thus of record in this case. They are incorporated herein by reference as if fully set forth herein as well. 8. At all times relevant hereto, Defendant Lucas: (a) was not a residence employee of Defendant Bieber in connection with her day care service; (b) did not reside with Defendant Bieber in her Topton home; and (c) was not a named insured under the policy at issue. 9. In their personal injury complaint referenced in Paragraph 6, above, Defendants Mark Martin and Jessica Martin did not plead that Jessica suffered bodily injury as a result of the alleged physical assault and molestation. 10. In their personal injury complaint referenced in Paragraph 6, above, Defendants Mark Martin and Jessica Martin did not plead that the alleged physical assault and molestation was the result of an accident, but rather was the result of intentional and/or criminal acts or action. 11. Defendant Bieber intentionally concealed and/or misrepresented material facts or circumstances relative to the underlying claims, and/or has made false statements to Plaintiff relating to the alleged loss, including but not limited to statements concerning -3- the intentional and/or criminal acts or action resulting in the alleged psychological injury that is the subject of the pending personal injury action. 12. Under the Nationwide policy at issue, including but not limited to the relevant endorsements issued thereunder, no coverage extends to the losses alleged by Defendants Mark Martin and Jessica Martin in the pending personal injury action. 13. Under the Nationwide policy at issue, including but not limited to the relevant endorsements issued thereunder, there exists no duty to defend and/or indemnify Defendant Joey Bieber and/or Defendant Shaun M. Lucas with respect to the pending personal injury action and/or the pending claims related thereto. 14. This case was originally filed in the Perry County Court of Common Pleas; it was transferred to this Honorable Court by Order of The Honorable C. Joseph Rehkamp, dated December 11, 2006, which order granted a Petition to Transfer Venue to Cumberland County Court. 15. On March 21, 2007, default judgment for failure to respond to a properly endorsed Complaint was entered in favor of Plaintiff and as against Defendants Joey Bieber, Shaun M. Lucas, and Yvonne Martin. 16. On or about March 26, 2007, Defendants Mark Martin and Jessica Martin filed an answer to the Declaratory Judgment Complaint. 17. The pleadings in the instant litigation are now closed. -4- 18. No genuine issues of material fact remain, and Plaintiff is entitled to declaratory judgment as a matter of law. 19. This case has not yet been listed for trial and thus presentation of the within motion will not unreasonably delay the trial of this case. WHEREFORE, Plaintiff respectfully moves the Court to grant its motion for summary judgment in its favor, and against the Defendants. Respectfully submitted, By: Brigid Q. ford, Esquir Supreme Court ID #38590 Boswell, Tintner, Piccola & Alford 315 N. Front St. P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Date: 41.0L91 Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Motion for Summary Judgment by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 809 Summit Street Bethlehem, PA 18015 Pro Se By: Brigid . Alford, squire Date: k ?? r-? a ? , th?j rip Lfl uj 0 W ? i (D .?, 0 'D C-)? >c? 1000 -.% m cti =gs= co °a ACA O =--'corn= mo .P wggj? IC=ACD & ?rtoo co terns Z° s• CA M O a T Z N a ? rn N rn 0 ° a rn b 4 ? ? yC p-d r CAD n A? rl o Con c? G g W • fib; ' D CD. N unurFpsr 0T >40 Is v 26 C? O C+ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants :NO: 06-7283 CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, MARK MARTIN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF JESSICA MARTIN, TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW COMES the Defendant, Mark Martin, individually and as parent and natural guardian of Jessica Martin, and files the following response to the Motion for Summary Judgment of the Plaintiff, Nationwide Mutual Fire Insurance Company, and in support there of states as follows: 1. Admitted. 2. Admitted. By way of further answer, daughter, Jessica, also resides with her mother. 3. Admitted. 4. Admitted. 5. Admitted, upon information and belief. 6. Admitted. By way of further answer, the Amended Complaint of the Defendants, Mark Martin and Jessica Martin, in the underlying action is replete with allegations of physical assault, as well as past and future pain. Further, the occurrence of the molestation is MO 156841 conclusive evidence, as Defendant Lucas was convicted of this. Also, the Complaint attached to the Plaintiff's Motion is the original Complaint. In the underlying case, an Amended Complaint was filed and that is the Complaint to which the parties responded. A full a complete copy of this Complaint is attached hereto as Exhibit A. 7. Denied. The averments of this paragraph constitute conclusion of law to which no response is required, and the same are therefore denied. By way of further answer, the policy speaks for itself. 8. Admitted in part, denied in remainder. The answering Defendants admit that discovery to date has indicated that Defendant Lucas was not a resident employee of the Defendant Beiber, and that he did not reside with Defendant Beiber in her Topton home. After reasonable investigation, the answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph, and the same are therefore denied. 9. Denied. The Complaint in the underlying action is replete with allegations of physical assault, as well as past and future pain. Specifically, paragraphs 13, 14 and 15 contain these averments. 10. Denied. The Complaint in this matter does specifically allege that the physical assault and molestation was caused by the negligence (accident) of Joey Beiber. While the actions of Shaun Lucas were intentional, the actions of Joey Beiber, which were the actions in question, were not intentional. 11. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, the same are therefore denied. By way of further answer, this is a boilerplate allegation and no supporting facts have been given. M0156841 •' J I I 12. Denied. The averments of this paragraph constitute conclusions of law to which no response is required, and the same are therefore denied. The lack of merit to the various exclusions and excuses relied upon by Nationwide in its Brief is addressed in the answering Defendants' Brief. 13. Denied. The averments of this paragraph constitute conclusion of law to which no response is required, andthe same are therefore denied. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18 Denied. Various issues of material fact exist, including what representation Defendant Bieber made on her insurance application concerning the use of the property. 19. Admitted. WHEREFORE, the answering Defendants respectfully request that this Court deny the Plaintiff's Motion for Summary Judgment. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP BY C ??9- ) Evan J. Kline, Esquire Supreme Ct. ID #70283 7 East Market Street York, PA 17401 Phone: 717/848-3838 Fax: 717/854-9172 M0156841 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE :NO: 06-7283 INSURANCE COMPANY Plaintiff VS : CIVIL ACTION - LAW JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN : JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I have this date, May A0 , 2007, mailed a copy of Response of Defendant Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, to Plaintiff's Motion for Summary by Unites States Mail to the following: Brigid Q. Alford, Esquire Attorney for Plaintiff 315 North Front Street P0Box741 Harrisburg, PA 17108-0741 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Yvonne Martin 2389 Juniper Street Coplay, PA 18037 Joey Beiber 809 Summit Street Bethlehem, PA 18016 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP BY ` Evan J. Kli , Esquire Supreme Ct. ID #70283 7 East Market Street York, PA 17401 Phone: 717/848-3838 Fax: 717/854-9172 M0156841 f? r--s CJ -s7 ?, l ?N ,.1, j S'1 ' .N ' ~? CJ Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Mr. Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 DATE: April 26, 2007 TO: Mr. Lucas: THIS IS TO NOTIFY YOU THAT CASE NUMBER 06-7283, Nationwide Mutual Fire Insurance Company VS. Joey Bieber; Shaun M. Lucas; Mark Martin, individually and as Parent and Natural Guardian of Jessica Martin; and Yvonne Martin, individually and as Parent and Natural Guardian of Jessica Martin CURTIS R. LONG Prothonotary Cumberland County - '16183 One Courthouse Square Carlisle, PA 17013 Aqume,,+ Corr-f - ntbINV -7' t ti??'r'r,;t L- A V14LGT1 ?ttit? v , ,r 'j : H120 r Mr. Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 y?Pses P% T P1iNEY 9( 02 1A $00, II 0004631598 APR27 MAILED FROM ZIP CODE OA ? INSUFFICIENT ADDRESS r ? ATTEMPTED NOT KNOWN ? OTHER ? NO SUCH NUMBER/ STREET $_._p.NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD i,,,ttt,,,111,,,,,it,,1),1,1„l,!„tl?,i,i,,,l,1„I,I,,,iIH IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE :NO: 06-7283 INSURANCE COMPANY Plaintiff VS : CIVIL ACTION - LAW JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN : JURY TRIAL DEMANDED Defendants AMENDED SUMMARY JUDGMENT AND NOW COMES the Defendant, Mark Martin, individually and as guardian of Jessica Martin, and files the following Amended Response to the M Summary Judgment of the Plaintiff, Nationwide Mutual Fire Insurance Compare there of states as follows: 1. Admitted. 2. Admitted. By way of further answer, daughter, Jessica, also resides 3. Admitted. 4. Admitted. 5. Admitted, upon information and belief. 6. Admitted. By way of further answer, the Amended Complaint of the De Martin and Jessica Martin, in the underlying action is replete with allego assault, as well as past and future pain. Further, the occurrence of the rn and natural for ?, and in support her mother. Mark of physical is conclusive evidence, as Defendant Lucas was convicted of this. Also, the Complaint attached to the Plaintiffs Motion is the original Complaint. In the underlying case, an Amended Complaint was filed and that is the Complaint to which the p ies responded. A full a complete copy of this Complaint is attached hereto as Exhibit 7. Denied. The averments of this paragraph constitute conclusion of law to'. response is required, and the same are therefore denied. By way of furthd policy speaks for itself. 8. Admitted in part, denied in remainder. The answering Defendants admit date has indicated that Defendant Lucas was not a resident employee of t Beiber, and that he did not reside with Defendant Beiber in her Topton reasonable investigation, the answering Defendants are without knowle sufficient to form a belief as to the truth of the remaining averments of nicn no answer, the iat discovery to Defendant ne. After or information paragraph, and the same are therefore denied. 9. Denied. The Complaint in the underlying action is replete with allegati is of physical assault, as well as past and future pain. Specifically, paragraphs 13, 14 d 15 contain these averments. 10 11 Denied. The Complaint in this matter does specifically allege that the p ysical assault and molestation was caused by the negligence (accident) of Joey Beiber. While the actions of Shaun Lucas were intentional, the actions of Joey Beiber, whi' h were the actions in question, were not intentional. Denied. The averments of this paragraph constitute conclusions of law t which no response is required, the same are therefore denied. By way of further answer, this is a boilerplate allegation and no supporting facts have been given. 12. Denied. The averments of this paragraph constitute conclusions of law t which no response is required, and the same are therefore denied. The lack of merit to the various exclusions and excuses relied upon by Nationwide in its Brief is addressed in the answering Defendants' Brief. 13. Denied. The averments of this paragraph constitute conclusion of law to which no response is required, andthe same are therefore denied. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18 Denied. Various issues of material fact exist, including what representation Defendant Bieber made on her insurance application concerning the use of the prop rty. 19. Admitted. WHEREFORE, the answering Defendants respectfully request that this Court deny the Plaintiff's Motion for Summary Judgment. Respectfully submitted, KATHERMAN, BRIGGS & BY "I - Evan. Kl squire Supreme Ct. ID #70283 7 East Market Street York, PA 17401 Phone: 717/848-3838 Fax: 717/854-9172 K_ LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff VS JOEY BEIBER, MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN Defendants :NO: 06-7283 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date, May , 2007, mailed a copy of r Response of Defendant Mark Martin, Individually and as Parent and Natural GL Martin, to Plaintiff s Motion for Summary Judgment by United States Mail to tl Brigid Q. Alford, Esquire Attorney for Plaintiff 315 North Front Street P O Box 741 Harrisburg, PA 17108-0741 Yvonne Martin 2389 Juniper Street Coplay, PA 18037 Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Joey Beiber 809 Summit Street Bethlehem, PA 18016 Respectfully submitted, KATHERMA,BRIGGS & BY \-- Imo. ?- Evan J. K\Ujk6, Esquire Supreme Ct. ID #70283 7 East Market Street York, PA 17401 Phone: 717/848-3838 Fax: 717/854-9172 f than of Jessica following: LLP IN THE COURT OF COMMON PLEAS OF BERICS COUNTY, PENNSYLVANIA MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN Plaintiffs VS SHAUN M. LUCAS, YVONNE MARTIN and JOEY BEIBER Defendants NO: 00-3320 i CIVIL ACTION - LAW -1 -'. JURY TRIAL DEMAND O), NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set you in the following pages, you must take action within twenty (20) days after thil and Notice are served, by entering a written appearance personally or by attorney a writing with the Court your defenses or objections to the claims set forth against }I warned that if you fail to do so the case may proceed without you and a default ju? entered against you by the Court without further notice for any money claimed in 1 or for any other claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON( DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T: THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN ( HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION AB( A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS ( BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCII MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDU NO FEE. Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 r. torth against Complaint .nd filing in :)u. You are .gment may be he Complaint property or E. IF YOU ;LEPHONE ET LEGAL UT HIRING FFICE MAY S THAT '-ED FEE OR M008364Z.1 A VISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea de nderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (2 dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter compareco 3cia escrita en persona o por abogado y presenter en la Corte por escrito sus defensas o sus objet ones a ]as demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Cor e puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado m la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTE PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANT S PARA USTED. DEBERIA LLEVAR ESTE PAPEL A SU ABOGADO DE INMEDIA USTED NO TIENE UN ABOGADO O SI NO PUEDE PAGAR POR UNO, I LLAME A LA OFFICINA ESCRITA ABAJO PARA AVERIGUAR DONDI ENCONTRAR AYUDA LEGAL. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE CONTRATARA UN ABOGADO. SI USTE PAGAR POR UN ABOGADO, ESTA OFICINA PUEDE PROVEERLE INF ACERCA DE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A UN REDUCIDO O SIN COSTO PARA PERSONAS QUE SON CALIFICABLV Lawyer Referral Service Berks County Bar Association 544 Court Street P.O. Box 1058 Reading, PA 19603 Telephone No. (610) 375-4591 CO. SI ALLA O PUEDE NO PUEDE EZMACION M0083642.1 1 IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYI?VANIA VS SHAUN M. LUCAS, YVONNE MARTIN and JOEY BEIBER Defendants CIVIL ACTION - LAW JURY TRIAL DEMAND AMENDED COMPLAINT MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN Plaintiffs NO: 00-3320 and Natural AND NOW, COME the Plaintiffs, Mark Martin, Individually and as P Guardian of Jessica Martin, by and through their attorneys, Evan J. Kline and J Esquire and Kathennan, Briggs & Greenberg, and respectfully avers the followin: 1. The Plaintiff, Mark Martin, individually and as parent and natural Martin, is an adult individual residing at 1185 Flower Lane, Marysville, Pennsy 2. The Defendant, Shaun M. Lucas, is an adult individual with a last 2631 Hartman Drive, Centervalley, Pennsylvania 18034. 3. The Defendant, Yvonne Martin, is an adult individual with a last 2389 Juniper Drive, Coplay, Pennsylvania 18037. 4. The Defendant, Joey Beiber, is an adult individual with a last known Carlisle Street, Bethlehem, Pennsylvania. 5. At all times material and relevant hereto, Yvonne Martin was the mo D. Briggs, an of Jessica a 17053. address of address of of 1827 and also a guardian of minor Plaintiff, Jessica Martin, and was responsible for and made th? decisions concerning the supervision of Jessica Martin during times when primary custody f Jessica Martin resided with Yvonne Martin. 6. At all times material and relevant hereto, Yvonne Martin regularly employed and 0 retained Joey Beiber to serve as a babysitter for Jessica Martin. 7. At all times material and relevant hereto, Defendant, Shaun M. Lucas ;quently stayed with Joey Beiber at the residence where Ms. Beiber babysat minor Plaintiff'lJessica Martin. 8. From approximately the fall of 1997 through the spring of 1998, Defers ant, Yvonne Martin, retained and employed Defendant, Joey Beiber, for the purposes of babysi tin" minor Plaintiff, Jessica Martin, and did leave minor Plaintiff, Jessica Martin, in the care nd custody of Defendant, Joey Beiber. 9. On occasions between January and March 1998, after Defendant, Yvon e Martin, left minor Plaintiff, Jessica Martin, in the custody and care of Defendant, Joey Beiber; Defendant, Joey Beiber, did in fact leave her residence, and leave minor Plaintiff, Jessica Maoin, in the custody and care of Defendant, Shaun M. Lucas. 10. On other occasions, Defendant, Joey Beiber, left minor Plaintiff, Jessi a Martin, in the custody and care of Defendant, Shaun M. Lucas, while Joey Beiber was in A r areas of the Beiber residence. 11. Plaintiff, Mark Martin, never consented nor agreed to any of the b arrangements set forth herein. 12. Yvonne Martin never consented nor agreed to the leaving of her M. Lucas. 13. Between January and March of 1998, while alone with minor Plaii Martin, as aforesaid, Defendant, Shaun M. Lucas, physically assaulted and mo Plaintiff, Jessica Martin. 14. As a result of the incident, the minor Plaintiff sustained or may su: itting with Shaun T, Jessica minor the following: i (a) Past and fixture pain, suffering, embarrassment, humiliation, em distress, mental anxiety, and psychological injury; (b) Past and future loss of life's pleasures and enjoyments; (c) Past and future incidental losses; (d) Future loss of earnings and impairment of earning capacity; and (e) Past and future psychological and psychiatric treatment, as well future expenses for the same. 15. As a result of the aforesaid incident, Plaintiff, Mark Martin, has sustaj sustain reasonable and necessary medical and other expenses through the time of 1 Plaintiff's 18°i birthday, which damages are herein claimed. 16. Plaintiff, Mark Martin, became aware of the aforesaid actions of Shall approximately late April 1998. al as past and red and may minor M. Lucas in COUNTI MARK MARTIN Individual) and as Parent and Natural Guardian of JESSICA MARTIN V. SHAUN M. LUCAS ASSAULT 17. The preceding paragraphs of this Complaint are incorporated herein by reference thereto as though set forth in frill. 18. Defendant, Shaun M. Lucas' actions as described above were intends by Defendant, Shaun M. Lucas, to put the minor Plaintiff into a reasonable apprehension of gre t and immediate physical harm and did, in fact, cause such apprehension in the minor Plaintiff. 19. As a direct and proximate result of the aforesaid assault, the Plaintiff did sustain the personal injuries as described above, all for which damages are herein claimed. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and atural Guardian i of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, for damages in an amount in excess of $50,000, together with interest, costs of suit ai damages. 1 delay ory COUNT 11 MARK MARTIN Individual) and as Parent and Natural Quar(Iiin of JESSICA MARTIN V. SHAUN M. LUCAS BATTERY 20. The preceding paragraphs of this Complaint are incorporated herein b reference thereto as though set forth in frill. 21. Defendant, Shaun M. Lucas', conduct as described above constitutes battery upon the minor Plaintiff, as Defendant, Shaun M. Lucas, did impermissibly touch and olest the minor Plaintiff. 22. As a direct and proximate result of the said battery, the Plaintiff sustained the damages. personal injuries as described above. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and I?11 tural Guardian of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, foie, compensatory damages in an amount in excess of $50,000, together with interest, costs of suit a *d delay COUNT III MARK MARTIN, Individually and as Parent and Natural Guar of JESSICA MARTIN V. SHAUN M. LUCAS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESi 23. The preceding paragraphs of this Complaint are incorporated herein y reference thereto as though set forth in full. 24. The assault and battery of the minor Plaintiff as described above constituted extreme i and outrageous conduct on the part of Defendant, Shaun M. Lucas, which was irate ?tional conduct by Defendant, Shaun M. Lucas, designed to cause emotional distress to th minor Plaintiff. 25. The aforesaid conduct by Defendant, Shaun M. Lucas, did, in fact, caulse severe emotional distress to the minor Plaintiff as well as psychological trauma, all for w?ich damages are herein claimed. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and 4ural Guardian of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, forompensatory damages in an amount in excess of $50,000, together with interest, costs of suit ail d delay damages. COUNT IV MARK MARTIN Individual) and as Parent and Natural Guar ian of JESSICA MARTIN V. SHAUN M. LUCAS PUNITIVE DAMAGES 26. The preceding paragraphs of this Complaint are incorporated herein reference thereto as though set forth in full. 27. The conduct of Defendant, Shaun M. Lucas, as described above was ?htentional and outrageous conduct in blatant disregard for human life and the rights of the Plaint ffs, which entitles the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, individually and as Parent and _ atural Guardian of Jessica Martin, demands judgment against the Defendant, Shaun M. Lucas, fo? compensatory damages in an amount in excess of $50,000, together with interest, costs of suit a d delay damages. COUNT V Individualiv and as Parent and Natural Guar ian I of JESSICA MARTIN V. JOEY BEIBER NEGLIGENCE 28. The preceding paragraphs of this Complaint are incorporated herein thereto as though set forth in fill. 29. The incident and the resulting damages to the Plaintiffs were subst reference ly caused by the negligence of Defendant, Joey Berber, and were in no way caused by any act o'i- failure to act on the part of the Plaintiffs. 30. Defendant, Joey Berber's, negligence, carelessness and recklessness includes, but is not limited to, the following: (a) Failing to properly supervise Shaun M. Lucas, by leaving him lone with the minor Plaintiff, and failing to give him proper direction concerning the care of thn minor Plaintiff, (b) Allowing Shaun M. Lucas to molest the minor Plaintiff, as aforesaid, and otherwise failing to prevent the aforesaid molestation of the minor Plaintiff by Shaun M. Lucas; (c) Allowing Shaun M. Lucas to remain with the minor Plaintiff vtithout the presence of an adult; (d) Failing to properly investigate the background and propensities of Defendant, Shaun M. Lucas through questioning, a criminal background check, or other step' to ascertain the fitness of Shaun M. Lucas to remain in the presence of the minor Plaintiff, (e) Failing to properly supervise and babysit the minor Plaintiff; (f) Entrusting the care of the minor Plaintiff to Shaun M. Lucas. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and Natural Guardian of Jessica Martin, demands judgment against the Defendant, Joey Beiber, for atory I damages in an amount in excess of $50,000, together with interest, costs of suit an delay damages. COUNT VI ARK MARTIN, Individually and as Parent and Natural of JESSICA MARTIN V. JOEY BEIBER PUNITIVE DAMAGES 31. The preceding paragraphs of this Complaint are incorporated herein b reference thereto as though set forth in fill. 32. The conduct of Defendant, Joey Beiber, as described above was intentional and outrageous conduct in blatant disregard for human life and the rights of the Plaintiffs, which entitles the Plaintiffs to recovery of punitive damages. WHEREFORE, Plaintiff, Mark Martin, Individually and as Parent and N?tural Guardian of Jessica Martin, demands judgment against the Defendant, Joey Beiber, for compensatory damages in an amount in excess of $50,000, together with interest, costs of suit damages. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP By:./ .. Evan J. Kli squire Katherman, Briggs & Greenberg, LLP I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 delay I IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA CIVIL DIVISION MARK MARTIN, Individually and as Parent an : NO: 00-3320 Natural Guardian of JESSICA MARTIN Plaintiffs vs. SHAUN M. LUCAS, YVONNE MARTIN and : CIVIL ACTION - LAW JOEY BEIBER Defendants : JURY TRIAL DEMAND CERTIFICATE OF SERVICE I hereby certify that I have this date mailed a copy of the Amended Complaint, in the above matter, as set forth below by first class United States postage to the fo Christopher Shipman, Esquire 726 Walnut Street Easton, PA 18042 Jill R. Snyder, Esquire 100 Brodhead Road, Suite 150 Bethlehem, PA 18017-8935 Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Dated: 8/23/04 - N C'. e ? he ,J 4 c; Respectfully submitted, KATHERMAN, BRIGGS GREENBERG By: -- Evan J. ine, Esquire Attorney I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 Attorney for Plaintiffs M0057782.1 ?.a = c'i ' n-i i Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Mr. Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 DATE: April 26, 2007 TO: Mr. Lucas: THIS IS TO NOTIFY YOU THAT CASE NUMBER 06-7283, Nationwide Mutual Fire Insurance Company VS. Joey Bieber; Shaun M. Lucas; Mark Martin, individually and as Parent and Natural Guardian of Jessica Martin; and Yvonne Martin, individually and as Parent and Natural Guardian of Jessica Martin HAS BEEN LISTED FOR ARGUMENT ON May 16, 2007 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. Curtis R. Long Prothonotary OJ w b ?t N t {-- C=nl N 16 , W? y ? C 3 0 °. C-) P Z? N ?Gn W ? do rn c'? -o ?- '... o ? 3z --? ap T?'WDy ... ?rnA Z9 :.r vy r=CA +? C v o S 4 r n r p 6 a ? k G g w ' 'O 1 rnp ,i a0 00 C)?d? 5 r m" a 0 ° CD p w --0 1 `. J .1k NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7283 CIVIL JOEY BIEBER, MARK MARTIN, Individually and as parent and natural guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN, : Defendants JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.J., AND HESS, J. ORDER AND NOW, this Z4- day of July, 2007, the motion of the plaintiff for summary judgment is GRANTED to the extent that the sole coverage available in this case extends to injury caused by the negligent acts or omissions of Joey Bieber. See Britamco Underwriters, Inc. v. Weiner, 636 A.2d 649 (Pa.Super. 1993); see also, Britamco Underwriters, Inc. v. Grzeskiewicz, 639 A.2d 1208 (Pa.Super. 1994). The factual record, however, is not yet clear on the issue of whether Ms. Bieber's babysitting was a "business" within the meaning of the policy exclusion and, accordingly, summary judgment as to the entire case is DENIED. BY THE COURT, 7 uuc. &,-. It 44rigid Q. Alford, Esquire For the Plaintiff „van J. Kline, Esquire For Defendant Mark Martin ,,Xey Bieber, Pro Se 809 Summit Street Bethlehem, PA 18015 .$haun M. Lucas, Pro Se 2631 Hartman Drive Center Valley, PA 18034-8408 ,Yvonne Martin, Pro Se 389 Juniper Drive Coplay, PA 18037 rlm NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff vs. JOEY BIEBER, MARK MARTIN, Individually and as parent and natural guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7283 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.J., AND HESS, J. ORDER AND NOW, this Z4' day of July, 2007, the motion of the plaintiff for summary judgment is GRANTED to the extent that the sole coverage available in this case extends to injury caused by the negligent acts or omissions of Joey Bieber. See Britamco Underwriters, Inc. v. Weiner, 636 A.2d 649 (Pa.Super. 1993); see also, Britamco Underwriters, Inc. v. Grzeskiewicz, 639 A.2d 1208 (Pa.Super. 1994). The factual record, however, is not yet clear on the issue of whether Ms. Bieber's babysitting was a "business" within the meaning of the policy exclusion and, accordingly, summary judgment as to the entire case is DENIED. BY THE COURT, Brigid Q. Alford, Esquire For the Plaintiff Evan J. Kline, Esquire For Defendant Mark Martin Joey Bieber, Pro Se 809 Summit Street Bethlehem, PA 18015 Shaun M. Lucas, Pro Se 2631 Hartman Drive Center Valley, PA 18034-8408 Yvonne Martin, Pro Se 389 Juniper Drive Coplay, PA 18037 Am KEVIN A. HESS JUDGE ONE COURTHOUSE SQUARE pCARLISLE, PENNSYLVANIA 17013 4?vo p% ., '®®® PITNEY BMW- 02 1A $ 00.4 0004631598 JUL25 2 MAILED FROM ZIP CODE 17 Shaun M. (Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Ct -7 213 OA ? INSUFFICIENT ADDRESS ? ? ATTEMPTED NOT KNOWN ? OTHER ? NO SUCH NUMBER/ STREET &-.a NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD 1C9=`.i = >Mt+',?F'4 t 7-" ' RXtft?lltttiF?itttftlt11111tillatIIIit111A111111111111111111111 i Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) balford@btpalaw.com (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE : COURT OF COMMON PLEAS INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-7283 JOEY BEIBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants CIVIL ACTION - LAW PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT Pursuant to Pa. R.C.P. No. 1035.1 et seq., Plaintiff Nationwide Mutual Fire Insurance Company, by its attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, moves the Court to enter summary judgment in its favor as to the remaining issues in this case, and in support thereof states as follows: 1. This is a declaratory judgment action that arises from an incident or incidents that occurred in 1998, at a private day care business operated by Defendant Joey Bieber at her then-residence at 308 East Smith Street, Topton, Pennsylvania, and that raises issues as to coverage under a certain policy of insurance, issued by Plaintiff to Defendant Bieber and in effect at the time of the incident at issue. 2. Defendants Mark Martin and Yvonne Martin are the parents of Jessica Martin, a minor.' 3. Defendant Shaun M. Lucas is the adult brother of Joey Bieber. 4. In 1998, Defendant Yvonne Martin hired Defendant Bieber to provide day care services to Jessica Martin. 5. In 1998, Defendant Lucas was present as an occasional visitor in the Bieber residence, at the same time that Jessica Martin was a day care client there. 6. In a civil action filed and pending in the Berks County Court of Common Pleas, Defendants Mark Martin and Jessica Martin have alleged that, while Jessica was present in the Bieber residence, Defendant Lucas physically assaulted and molested Jessica and that, as a result of those acts, Jessica Martin suffered certain psychological injuries. A true and correct copy of the Amended Complaint from that adjunct litigation was attached to the Martin Defendants' Answer to the Declaratory Judgment Complaint as Exhibit A, and is thus of record in this case. It is incorporated herein by reference as if fully set forth herein as well. ' The Martins are divorced and Defendant Mark Martin and daughter Jessica now reside in Cumberland County, Pennsylvania. -2- 7. The policy at issue, and relevant endorsements, all of which were in full force and effect at the time of the incident at issue, were attached to the Declaratory Judgment Complaint as Exhibits B, C, D, and E, and are thus of record in this case. They are incorporated herein by reference as if fully set forth herein as well. 8. At all times relevant hereto, Defendant Lucas: (a) was not a residence employee of Defendant Bieber in connection with her day care service; (b) did not reside with Defendant Bieber in her Topton home; and (c) was not a named insured under the policy at issue. 9. Defendant Bieber intentionally concealed and/or misrepresented material facts or circumstances relative to the underlying claims, and/or has made false statements to Plaintiff relating to the alleged loss, including but not limited to statements concerning the intentional and/or criminal acts or action resulting in the alleged psychological injury that is the subject of the pending personal injury action. 10. Under the Nationwide policy at issue, including but not limited to the relevant endorsements issued thereunder, no coverage extends to the losses alleged by Defendants Mark Martin and Jessica Martin in the pending personal injury action. 11. Under the Nationwide policy at issue, including but not limited to the relevant endorsements issued thereunder, there exists no duty to defend and/or indemnify Defendant Joey Bieber and/or Defendant Shaun M. Lucas with respect to the pending personal injury action and/or the pending claims related thereto. -3- 12. This case was originally filed in the Perry County Court of Common Pleas; it was transferred to this Honorable Court by Order of The Honorable C. Joseph Rehkamp, dated December 11, 2006, which order granted a Petition to Transfer Venue to Cumberland County Court. 13. On March 21, 2007, default judgment for failure to respond to a properly endorsed Complaint was entered in favor of Plaintiff and as against Defendants Joey Bieber, Shaun M. Lucas, and Yvonne Martin. 14. On or about March 26, 2007, Defendants Mark Martin and Jessica Martin filed an answer to the Declaratory Judgment Complaint. 15. The pleadings in the instant litigation are now closed. 16. On April 25, 2007, Plaintiff filed a motion for summary judgment in this action. 17. By Order of Court dated July 24, 2007, this Court, by the Honorable Kevin A. Hess, GRANTED the first summary judgment motion "to the extent that the sole coverage available in this case extends to injury caused by the negligent acts or omissions of Joey Bieber," but the Court held that there remained an issue of fact as to "whether Ms. Bieber's babysitting was a `business' within the meaning of the policy exclusion," and thus DENIED summary judgment as to the entire case. A true and correct copy of said Order is attached hereto, made part hereof, and identified as Exhibit A. 18. Defendant Bieber's babysitting service did constitute a "business" within the meaning of the policy exclusion. See, Affidavit of Joey Hursh, formerly Joey Bieber, the original of which is attached hereto, made part hereof, and identified as Exhibit B. -4- 19. No genuine issues of material fact remain, the factual issue identified by the Court in its July 24, 2007 Order has been resolved in favor of the Plaintiff, and Plaintiff is entitled to declaratory judgment as a matter of law. 20. This case has not yet been listed for trial and thus presentation of the within motion will not unreasonably delay the trial of this case. WHEREFORE, Plaintiff respectfully moves the Court to grant its second motion for summary judgment in its favor, and against the Defendants. Respectfully submitted, By: - Lk- 't -?. 4?4? Brigid O. Alford, Esq g e Supreme Court ID #3B590 Boswell, Tintner, Piccola & Alford 315 N. Front St. P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Date: Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 06-7283 CIVIL JOEY BIEBER, MARK MARTIN, Individually and as parent and natural guardian of JESSICA MARTIN, SHAUN M. LUCAS and YVONNE MARTIN, Defendants JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.J., AND HESS, J. ORDER AND NOW, this 2-4* day of July, 2007, the motion of the plaintiff for summary judgment is GRANTED to the extent that the sole coverage available in this case extends to injury caused by the negligent acts or omissions of Joey Bieber. See Britamco Underwriters, Inc. v. Weiner, 636 A.2d 649 (Pa.Super. 1993); see also, Britamco Underwriters, Inc. v. Grzeskiewicz, 639 A.2d 1208 (Pa.Super. 1994). The factual record, however, is not yet clear on the issue of whether Ms. Bieber's babysitting was a "business" within the meaning of the policy exclusion and, accordingly, summary judgment as to the entire case is DENIED. F-xHIsrr A _ I BY THE COURT, Brigid Q. Alford, Esquire For the Plaintiff Evan J. Kline, Esquire For Defendant Mark Martin Joey Bieber, Pro Se 809 Summit Street Bethlehem, PA 18015 Shaun M. Lucas, Pro Se 2631 Hartman Drive Center Valley, PA 18034-8408 Yvonne Martin, Pro Se 389 Juniper Drive Coplay, PA 18037 Am Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA 8, ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) balford@btpalaw.com (Email) Attorneys for Plaintiff Nationwide Mutual Fire Insurance Company NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff V. JOEY BIEBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7283 CIVIL ACTION - LAW AFFIDAVIT OF JOEY HURSH. FORMERLY JOEY BIEBER 1. My name is Joey Hursh, formerly Joey Bieber. I am a named defendant in the declaratoryjudgment action filed by Nationwide Mutual Fire Insurance Company at Civil Docket No. 06-7283 in the Court of Common Pleas of Cumberland County. I am also a named defendant in the civil action filed by Mark Martin, individually and as parent and natural guardian of Jessica Martin, at Civil Docket No. 00-3320 in the Court of Common Pleas of Berks County. 2. During the calendar years of 1997 and 1998, 1 provided babysitting services at my home residence at 308 E. Smith Street, Topton, Pennsylvania. During each of these years, I collected income as a result of said business. EXHIBIT 3. During the calendar years of 1997 and 1998, 1 contracted with Nationwide Mutual Fire Insurance Company to provide homeowner's insurance for my residence at 308 E. Smith Street, Topton, Pennsylvania. A copy of my policy with Nationwide has been made a part of the record in this litigation. 4. 1 contacted Yvonne Martin in my capacity as a for-profit babysitting provider prior to the fall of 1997 in response to a publicly posted flyer requesting such services. As a result of this contact, Ms. Martin requested that I provide babysitting services for her minor daughter, Jessica Martin, who was approximately 4 years-old at the time. 5. 1 am not related by blood, or otherwise, to either Yvonne or Jessica Martin. NeitherYvonne or Jessica Martin were related by blood, or otherwise, to any other member of my household during 1997 or 1998. 6. As a result of the contact I had with Yvonne Martin described in Paragraph No. 4, above, I agreed to provide babysitting services for Jessica Martin. I collected monetary compensation from Yvonne Martin in return for the provision of these services. 7. From September 1997 through March 1998, 1 continuously provided babysitting services for Jessica Martin. During this period, Jessica would arrive at my home as early as 5 AM and sometimes even stay overnight. Yvonne Martin continuously paid me a fee for these services throughout that time frame. 8. In addition to Jessica Martin, I provided babysitting services to two other children, ages 4 and 2 at the time, continuously during the same time frame identified in Paragraph No. 7, above. 1 also received monetary compensation for the provision of those services. 9. My primary purpose for rendering the services identified throughout this Affidavit was to earn money. This purpose remained the same throughout the term during which I provided home babysitting services to Jessica Martin at her mother, Yvonne's, request. 10. 1 had no other means of income during this same time period. My sole source of income was generated from conducting the aforementioned home babysitting services. Date: L ON 1 ©q ey Bieber, now oey Hu sh Sworn to and subscribed before me this day of OCae- , 20p7. ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa M. VanWhy, Notary Pubic City Of AkrA&m% Lehigh Canty My Commission E)Oes Oct. 21, 2009 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Second Motion for Summary Judgment by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Joey Bieber 809 Summit Street Bethlehem, PA 18015 Pro Se By: ??,Ic -7. L?;?/ Brigid Alford, Esquy e Date: t ors? n ?°; ? ?._V C:..7 .,.,.1 ?? ?? {?;... «,.a ? i"' -?( t ?'^ J ' _7 U7 `....f ('?1 :?:?? - D 11 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Dust be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, (Plaintiff) V5. JOEY BIEBER; SHAUN M. LUCAS; MARK MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN; and YVONNE MARTIN, Individually and as Parent and Natural Guardian of JESSICA MARTIN, (Defendant) No. Civi106- 7283 xk& 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant`s demurrer to complaint, etc.): Plaintiff's Second Motion for Summary Judgment 2. Identify counsel who will argue case: Brigid Q. Alford, Esq. (a) for plaintiff: Boswell, Tintner, Piccola & Alford Address: 315 N. Front St. P.Q. Box 741 Harrisburg, PA 17108-0741 (b) for defendant:Mark Martin: Ads: Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Nov. 21, 2007 2 94,L Dated: 91,ZS?,? ? Attorney f Plaint ' f Brigid Q. Alford, Esquire -.. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Evan Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney for Mark Martin, individually and as parent and natural guardian of Jessica Martin Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 Pro Se Yvonne Martin 2389 Juniper Drive Coplay, PA 18037 Pro Se Joey Bieber 809 Summit Street Bethlehem, PA 18015 Pro Se By: Brigid . Alfor , E uire Plaintiff's Praecipe for Listing Case for Argument by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Date: l (n'/77 ? ? ? ?? t;. , ? ? ::' G. y Z- --n r f j 4?? ' ` V + * ? n-?- ? ... ""? ` .l ` ._:"M r,, c?:_ c.a ? ?? ? Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Mr. Shaun M. Lucas 2631 Hartman Drive Center Valley, PA 18034-8408 DATE: November 1, 2007 TO Mr. Lucas: THIS IS TO NOTIFY YOU THAT CASE NUMBER 06-7283, Nationwide Mutual Fire Insurance Company VS. . Joey Bieber; Shaun M. Lucas; Mark Martin, Individually and as parent and natural guardian of Jessica Martin; and Yvonne Martin, individually and as parent and natural guardian of Jessica Martin HAS BEEN LISTED FOR ARGUMENT ON November 21, 2007 Cumberland County Argument Court Rules 1028(c), CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 PN ? PfTNEY BOY E i 02 1A $00. 0004631598 NOV 02 MAILED FROM ZIP CODE 1 ?G - -0 Mr. Shaun M. Lucas 2631 Hartman Drive Center Valley ' " ' ^^^ ^ NIXIE 1BO CE 1 08 11/061 RETURN ATTEMPTEDT- NOTDKNOWN UNABLE TO FORWARD 9C': 17013a?19-oia?n_n+?_ 26 Nationwide Mutual Fire Insurance Company V. Joey Bieber; Shaun M. Lucas; Mark Martin, Individually and as a parent and natural guardian of Jessica Marin; and Yvonne Martin, individually and as parent and natural guardian of Jessica Martin : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-7283 CIVIL TERM ORDER OF COURT AND NOW, November 21, 2007, by agreement of counsel, the above-captioned matter is continued from the November 21, 2007 Argument Court list. Counsel is directed to relist the case when ready rigid Q. Alford, Esquire For the Plaintiff van Kline, Esquire For the Defendant ,ourt Administrator j0 kam s vil 0, S t1 14d LZ O LOOZ