HomeMy WebLinkAbout07-0057THE FIRST LIBERTY INSURANCE IN THE COURT OF COMMON PLEAS
CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
~.
WILLIAM CiJMINGS, DEBORAH
CUMINGS and ANDREW C. CUMINGS,
a minor, through his parents and natural
guardians WILLIAM AND DEBORAH
CUMINGS :
227 North 25t" Street .
Camp Hill, PA 17011-03611
KRISTOFFER N. LUND, a minor, through
his parents and natural guardians,
2300 Lincoln Street
Camp Hill, PA 17011
ALEXANDRA G. McLANAHAN, a minor,
through her parents and natural guardians,
343 North 25`" Street .
Camp Hill, PA 17011 .
CALLIE McKEON, a minor, through her
parents and natural guardians,
370 North 26t" Street,
Camp Hill, PA 17011
ROBERT RODAK, a minor, through his
parents and natural guardians,
25 North 19t" Street .
Camp Hill, PA 17011
and
TIMOTHY H. ADAMS, a minor, through
his parents and natural guardians,
27 North 23~d Street
Camp Hill, PA 17011 .
Defendants
NOTICE TO DEFEND
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 of by attorney and filing in
wiring with the Court your defense or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment maybe 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 LOCAL
HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
NOTICA
Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en ersona o por
abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
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\OS_A\LIAB\TJMCMAHON\LLPG\239260UMPARR\12175\00152
THE FIRST LIBERTY INSURANCE
CORPORATION,
Plaintiff
v.
WILLIAM CUMINGS, DEBORAH
CUMINGS and ANDREW C. CUMINGS,
a minor, through his parents and natural
guardians WILLIAM AND DEBORAH
CUMINGS .
227 North 25th Street
Camp Hill, PA 17011-03611
KRISTOFFER N. LUND, a minor, through
his parents and natural guardians,
2300 Lincoln Street .
Camp Hill, PA 17011
ALEXANDRA G. McLANAHAN, a minor,
through her parents and natural guardians,
343 North 25th Street :
Camp Hill, PA 17011
CALLIE McKEON, a minor, through her
parents and natural guardians,
370 North 26th Street, :
Camp Hill, PA 17011 .
ROBERT RODAK, a minor, through his
parents and natural guardians,
25 North 19th Street
Camp Hill, PA 17011
and
TIMOTHY H. ADAMS, a minor, through
his parents and natural guardians,
27 North 23rd Street .
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Defendants
COMPLAINT
1. This is an action for Declaratory Judgment and is brought for the purpose of
determining a question in actual controversy between the parties as more particularly set forth
herein below.
2. The dispute between the parties arises from a motor vehicle accident which
occurred on July 8, 2006 at approximately 10:40 p.m. at the intersection of Devon Road and
Merion Road in Camp Hill Borough, Cumberland County, Pennsylvania.
3. Plaintiff, The First Liberty Insurance Corporation, is a corporation engaged in the
insurance business which maintains an address at 512 East Township Line Road, Blue Bell, PA
19422.
4. Defendants William and Deborah Cumings are named as insureds under a Motor
Vehicle Policy of Insurance issued by Plaintiff and specifically Policy A06-288-112047-10 6 5,
with effective dates of February 16, 2006 through February 16, 2007 and Defendants William
and Deborah Cumings reside at 227 North 25th Street, Camp Hill, Pennsylvania 17011.
5. Defendant, Andrew Cumings, upon information and belief, is a minor who resides
at 227 North 25th Street, Camp Hill, Pennsylvania 17011 and whose date of birth is September 9,
1989.
6. Defendant, Kristoffer N. Lund, a minor, through his parents and natural guardians,
resides, upon information and belief, at 2300 Lincoln Street, Camp Hill, Pennsylvania 17011 and
whose date of birth is March 19, 1990.
7. Defendant, Alexandra G. McLanahan, a minor, through her parents and natural
guardians, resides at 343 North 25th Street, Camp Hill, Pennsylvania 17011 and whose date of
birth is September 10, 1990.
8. Defendant, Callie McKeon, a minor, through her parents and natural guardians,
resides at 370 North 26th Street, Camp Hill, Pennsylvania 17011 and whose date of birth is
March 18, 1991.
9. Defendant, Robert Rodak, a minor, through his parents and natural guardians,
resides at 25 North 19th Street, Camp Hill, Pennsylvania 17011 and whose date of birth is
February 2, 1990.
10. Defendant, Timothy H. Adams, a minor, through his parents and natural
guardians, resides at 27 North 23rd Street, Camp Hill, Pennsylvania 17011 and whose date of
birth is February 3, 1990.
11. Venue for this Declaratory Judgment Action is appropriate and proper in
Cumberland County, Pennsylvania because all of the Defendants reside in Cumberland County,
Pennsylvania and the motor vehicle accident from which the dispute arises occurred in
Cumberland County, Pennsylvania.
12. Upon information and belief, on July 8, 2006 Defendant Andrew C. Comings had
possession of a 1998 Toyota Camry registered to his father, William S. Comings, and at that time
had a Pennsylvania Driver's License which permitted him to lawfully operate that motor vehicle
from 5:00 AM until 11:00 PM..
13. Upon leaving his family's residence on July 8, 2006, Defendant Andrew Comings
picked up Defendants Rodak, Lund and Adams during the early evening hours of July 8, 2006.
14. Thereafter, Defendants Andrew Comings, Kristoffer Lund, Robert Rodak and
Timothy Adams obtained beer through the assistance of an individual known to one or more of
these Defendants.
15. After obtaining the beer, Defendants Andrew Cumings, Kristoffer Lund, Robert
Rodak and Timothy Adams proceeded to a bowling alley where they came to be in the company
of Defendants Alexandra McLanahan and Callie McKeon.
16. At and around the time that Defendants were at the bowling alley and/or in its
parking lot, Defendant Andrew Cumings consumed 3 beers.
17. At and around the time that Defendants were in and/or around the bowling alley
and/or its parking lot, Defendant Lund consumed 2 beers.
18. While engaged in the above-described activities, Defendant Andrew Cumings was
not conducting any personal errand or other activity on behalf of his parents, Defendants William
and/or Deborah Cumings, or either of them.
19. On July 8, 2006, and shortly before the motor vehicle accident on July 8, 2006,
Defendant Andrew Cumings gave keys to the motor vehicle owned by William Cumings to
Kristoffer Lund so that Lund could and would operate that motor vehicle.
20. At the time that Defendant Andrew Cumings provided Defendant Kristoffer Lund
with the keys to the motor vehicle owned by Defendant William Cumings, Defendant Andrew
Cumings and Defendant Kristoffer Lund knew the following:
a. That Defendant Kristoffer Lund did not have a Pennsylvania Driver's
License, but only a Learner's Permit;
b. That Defendant Kristoffer Lund had consumed alcohol or alcohol-
containing beverages despite Kristoffer Lund's status as a minor;
c. That Defendant Andrew C. Cumings did not have the permission of his
parents, William and/or Deborah Cumings, or either of them, to permit
anyone other than himself to operate the motor vehicle owned by William
C. Cumings; and
d. That if permission had been requested by Defendant Andrew Comings
from either William and/or Deborah Comings for Defendant Kristoffer
Lund to operate the motor vehicle owned by Defendant William Comings
at that time and place, that such permission would not have been granted.
21. On July 8, 2006, and specifically at the time of the motor vehicle accident which
occurred at the intersections of Devon and Merion Roads in Camp Hill, Pennsylvania, Defendant
Lund operated the 1998 Toyota Camry registered to Defendant William S. Comings.
22. At the time of the July 8, 2006 motor vehicle accident Defendant Alexandra
McLanahan was a front seat passenger in that vehicle, Defendants Andrew Comings, Callie
McKeon and Robert Rodak were rear seat passengers and Defendant Timothy Adams was
positioned in the trunk of that vehicle.
23. On July 8, 2006, while operating the motor vehicle registered to Defendant
William S. Comings, Defendant Kristoffer Lund lost control of the vehicle and it struck a tree at
or near a property located at 411 Devon Road, Camp Hill, Pennsylvania.
24. Upon information and belief, Defendants Kristoffer Lund, Alexandra
McLanahan, Callie McKeon, Robert Rodak and/or Timothy H. Adams may seek to recover
damages for personal injuries arising from the July 8, 2006 motor vehicle accident.
25. Upon information and belief, Defendants William and Deborah Comings may
seek motor vehicle liability insurance coverage from Plaintiff under the Policy of Insurance
issued by Plaintiff to Defendants William and Deborah Comings.
26. The Policy of Insurance issued by Plaintiff to Defendants William and Deborah
Comings contains certain Policy Exclusions, including the following Policy Exclusion:
"A. We do not provide Liability Coverage for any person:
8. Using a vehicle without a reasonable belief that that
person is entitled to do so."
(A true and correct copy of the Policy of Insurance issued by Plaintiff to Defendants William and
Deborah Cumings is attached hereto as Exhibit "A")
27. Defendant Kristoffer Lund on July 8, 2006 and at the time of the motor vehicle
accident relevant to this Declaratory Judgment dispute, operated a motor vehicle without a
reasonable belief that he was entitled to do so.
WHEREFORE, Plaintiff, The First Liberty Insurance Corporation, respectfully requests
that this Honorable Court enter an Order declaring the following:
a. That Defendant Kristoffer Lund on July 8, 2006 operated a motor vehicle
registered to Defendant William Cumings without a reasonable belief that Defendant Lund was
entitled to do so and that accordingly;
b. Plaintiff, The First Liberty Insurance Corporation, owes no third-party
motor vehicle liability coverage to Defendants in this action as a matter of law.
DATE: ~ z ~ ~~ BY:
Respectfully submitted,
MARSHALL, DENNEHEY,
COLEMAN & GOGf~IN
WARNER,
Attorney for Plaintiff,
The First Liberty Insurance Corporation
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
~ •
VERIFICATION
I hereby affirm that the following facts are correct:
The First Liberty Insurance Company is the Plaintiff in the foregoing action and I am
authorized to execute this Verification on their behalf. The attached Complaint is based upon
information which has been gathered by my counsel in this action. The language of the
Complaint is that of counsel and not of me. I have read the Complaint, and to the extent that it is
based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the contents of the Complaint are that of
counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the
facts set forth in the aforesaid responses are made subject to the penalties of I8 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
DATE: /~ / 5~/~~ BY: ~~v
SUSAN GILETTO
Title: ~ ~Llir,~a ~ N
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Liberty
Mutual..
LibertyGuard
AutoPolicy
Please read your policy and each endorsement carefully.
To serve you best...
Liberty Mutual has over 350 service offices throughout the United States and Canada. Please
contact your service office shown on your Declarations Page to report losses, oi• for any changes
or questions about your insurance. Payments should be sent to the office indicated on your biA.
THIS POt_ICYIS NONASSESSABLE
Liberty Mutual
Fire Insurance Company Boston -
Auto 3075 Ed. 12-89 PF
LIBERTYGUARDAUTO POLICY
QUICK REFERENCE
DECLARATIONSPAGE
Your Name and Address
Your Auto or Trailer
Policy Period
Coverages and Amounts of Insurance Beginning
On Page
Agreement .................................................................................... ..............................1
Definitions ..................................................................................... ..............................1
PARTA -LIABILITY COVERAGE
Insuring Agreement ............................................... ..............................2
Supplementary Payments ................................... ..............................2
... Exclusions .................................................................... ..............................2
Limit of Liability ........................................................ ..............................3
Out of State Coverage .......................................... ..............................3
Financial Responsibility ....................................... ..............................3
Other Insurance ......................................................... .............................3
PART B -MEDICAL PAYMENTS
COVERAGE
Insuring Agreement ................................................ .............................3
Exclusions ..................................................................... .............................4
Limit of Liability ......................................................... .............................4
Other Insurance ......................................................... .............................4
PARTC - UNINSUREDMOTORISTS
COVERAGE
Insuring Agreement ................................................ .............................4
Exclusions ..................................................................... .............................5
Limit of Liability ......................................................... .............................5
Other Insurance --------------------------------------------------------- -----------------------------5
Arbitration ..................................................................... .............................5
PART D - COVERAGEFOR DAMAGE
TO YOUR AUTO
Insuring Agreement ................................................ .............................6
Transportation Expenses ..................................... .............................6
Exclusions ..................................................................... .............................6
Limit of Liability ......................................................... .............................7
Payment of Loss ........................................................ ............................8
No Benefit to Bailee ................................................. ............................8
Other Sources of Recovery ................................. ............................8
Appraisal ........................................................................ ............................8
PART E - DUTIES AFTERAN
ACCIDENTOR LOSS
General Duties ............................................................ ............................8
Additional Duties for Uninsured Motorists
Coverage ....................................................................... ............................8
Additional Duties for Coverage for Damage to
Your Auto ....................................................................... ............................8
PART F - GENERALPROVISIONS
Bankruptcy .................................................................... ............................8
Changes ......................................................................... ............................8
Fraud ................................................................................ ............................9
Legal Action Against Us ........................................ ............................9
Our Right To Recover Payment ........................ ............................9
Policy Period And Territory .................................. ...........................9
Termination .................................................................... ...........................9
Transfer Of Your Interest In This Policy ....... .........................10
Two Or More Auto Policies .................................. .........................10
"MUTUAL POLICY CONDITIONS ........................................ .........................10
"These conditions apply only if Liberty Mutual Fire Insurance Company is shown in the
Declarations as the insurer.
AUTO POLICY
AGREEMENT
!n return for payment of the premium and subject to all the terms of this policy, we agree with you as follows:
DEFINITIONS
A. Throughout this policy, "you" and "your" refer to:
I. The. "named insured" shown in the Declarations;
and
2. The spouse if a resident of the same household.
B. "We," "us" and "our" refer to the Company providing
this insurance.
C. For purposes of this policy, a private passenger type
auto shall be deemed to be owned by a person if leased:
1. Under a written agreement to that person; and
2. For a continuous period of at least 6 months.
Other words and phrases are defined. They are in quotation
marks or boldfaced when used.
D. "Bodily injury" means bodily harm, sickness or disease,
including death that results.
E. "Business" includes trade, profession or occupation.
F_ "Family member" means a person related to you by
blood, marriage or adoption who is a resident of your
household. This includes a ward or foster child.
G. "Occupying" means in, upon, getting in, on, out or off
H. "Property damage" means physical injury to, destruc-
tion of or loss of use of tangible property.
I. "Trailer" means a vehicle designed to be pulled by a:
I. Private passenger auto; or
2. Pickup or van.
It also means a farm wagon or farm implement while
towed by a vehicle listed in 1. or 2. above.
J. "Your covered auto" means:
1. Any vehicle shown in the Declarations.
2. Any of the following types of vehicles on the date
you become the owner.
a. a private passenger auto; or
b. a pickup or van that:
(1) has a Gross Vehicle Weight of less than
10,000 lbs.; and
(2) is not used for the delivery or transportation
of goods and materials unless such use is:
(a) incidental to your "business" of install-
ing, maintaining or repairing furnishings
or equipment; or
(b) for farming or ranching.
This provision (J.2.) applies only if:
a. you acquire the vehicle during the policy period;
b. you ask us to insure it within 30 days after you
become the owner; and
c. with respect to a pickup or van, no other insur-
ance policy provides coverage for that vehicle.
[f the vehicle you acquire replaces one shown in the
Declarations, it will have the same coverage as the
vehicle it replaced. You must ask us to insure a re-
placement vehicle within 30 days only if you wish to
add or continue Coverage for Damage to Your
Auto.
If the vehicle you acquire is in addition to any
shown in the Declarations, it will have the broadest
coverage we now provide for any vehicle shown in
the Declarations.
3. Any "trailer" you own.
4. Any auto or "trailer" you do not own while used as a
temporary substitute for any other vehicle described
in this definition which is out of normal use because
of its:
a. breakdown; d. loss; or
b. repair; e. destruction.
c. servicing;
This provision (J.4.) does not apply to Coverage for
Damage to Your Auto.
Page 1 of 10
PART A -LIABILITY COVERAGE
INSURING AGREEMENT
A. We will pay damages for "bodily injury" or "property
damage" for which any "insured" becomes legally re-
sponsible because of an auto accident. Damages include
prejudgment interest awarded against the "insured." We
will settle or defend, as we consider appropriate, any
claim or suit asking for these damages. In addition to
our limit of liability, we will pay all defense costs we
incw. Our duty to settle or defend ends when our limit
of .liability for this coverage has been exhausted. We
have no duty to defend any suit or settle any claim for
"bodily injury" or "property damage" not covered under
this policy.
B. "Inswed" as used in this Part means:
1. You or any "family member" for the ownership,
maintenance or use of any.auto or "trailer."
2. Any person using "yow covered auto."
3. For "your covered auto," any person or organization
but only with respect to legal responsibility for acts
or omissions of a person for whom coverage is of--
forded under this Part.
4. For any auto or "trailer," other than "your covered
auto," any other person or organization but only
with respect to legal responsibility for ads or omis-
sions of you or any "family member" for whom cov-
erage is afforded under this Part. This provision
(8.4.) applies only if the person or organization
does not own or hire the auto or "trailer."
SUPPLEMENTARY PAYMENTS
In addition to our limit of liability, we will pay on behalf of
an "inswed:"
I. Up to $250 for the cost of bail bonds required be-
cause of an accident, including related traffic law
violations. The accident must result in "bodily in-
jury" or "property damage" covered under this pol-
icy.
2. Premiums on appeal bonds and bonds to release
attachments in any suit we defend.
3. Interest accruing after a judgment is entered in any
suit we defend. Ow duty to pay interest ends when
we offer to pay that part of the judgment which does
not exceed our limit of liability for this coverage.
4. Up to $50 a day for loss of earnings, but not other
income, because of attendance at hearings or trials
at our request.
5. Other reasonable expenses incurred at our request.
EXCLUSIONS
A. We do not provide Liability Coverage for any person:
I. Who intentionally causes "bodily injury" or "prop-
ertydamage."
2. For "property damage" to property owned or being
transported by that person.
3. For "property damage" to property:
a. rented to;
b. used by; or
c. in the care of;
that person.
This exclusion (A.3.) does not apply to "property
damage" to a residence or private garage.
4. For "bodily injury" to an employee of that person
during the course of employment. This exclusion
(A.4.) does not apply to "bodily injury" to a domes-
tic employee unless workers' compensation benefits
are required or available for .that domestic em-
ployee.
5. For that person's liability arising out of the owner-
ship or operation of a vehicle while it is being used
as a public or livery conveyance. This exclusion
(A. S.) does not apply to ashare-the-expense car
pool.
6. While employed or otherwise engaged in the "busi-
ness" of:
a. selling; d. storing; or
b. repairing; e. parking;
c. servicing;
vehicles designed for use mainly on public high-
ways. This includes road testing and delivery. This
exclusion (A.6.) does not apply to the ownership,
maintenance or use of "your covered auto" by:
a. you;
b. any "family member;" or
c. any partner, agent or employee of you or any
"family member."
7. Maintaining or using any vehicle while that person
is employed or otherwise engaged in any "business"
(other than farming or ranching) not described in
Exclusion A.6. This exclusion (A.7.) does not apply
to the maintenance or use of a:
a. private passenger auto;
b. pickup or van that you own; or
c. "trailer" used with a vehicle described in a. or b.
above.
8. Using a vehicle without a reasonable belief that that ~
person is entitled to do so.
9. For "bodily injury" or "property damage" for which
that person:
Page 2 of 10
a. is an insured under a ~wclear energy liability
policy; or
b. would be an insured under a nuclear energy
liability policy but for its termination upon ex-
haustion of its limit of liability.
A nuclear energy liability policy is a policy issued
by any of the following or their successors:
a. American Nuclear Insurers;
b. Mutual Atomic Energy Liability Underwriters;
or
c. Nuclear Insurance Association of Canada.
B. We do not provide Liability Coverage for the owner-
ship, maintenance or use of:
t. Any motorized vehicle having fewer than four
wheels.
2. Any vehicle, other than "your covered auto," which
is:
a. owned by you; or
b. furnished or available for your regular use.
3. Any vehicle, other than "your covered auto," which
is:
a. owned by any "family member;" or
b. furnished or available for the regular use of any
"family member."
However, this exclusion (B.3.) does not apply to
you while you are maintaining or "occupying" any
vehicle which is:
a. owned by a "family member;" or
b. furnished or available for the regular use of a
"family member."
1. "Insureds;"
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the auto accident.
B. We will apply the limit of liability to provide any sepa-
rate limits required by law for bodily injury and prop-
erty damage liability. However, this provision (B.) will
not change our total limit of Liability.
OUT OF STATE COVERAGE
If an auto accident to which this policy applies occurs in
any state or province other than the one in which "your
covered auto" is principally garaged, we will interpret your
policy for that accident as follows:
A. If the state or province has:
1. A financial responsibility or similar law specifying
limits of liability for "bodily injury" or "property
damage" higher than the limit shown in the Declara-
tions, your policy will provide the higher specified
limit.
2. A compulsory insurance or similar law requiring a
nonresident to maintain insurance whenever the
nonresident uses a vehicle in that state or province,
your policy will provide at least the required mini-
mum amoums and types of coverage.
B. No one will be entitled to duplicate payments for the
same elements of loss.
FINANCIAL RESPONSIBILITY
When this policy is certified as future proof of financial
responsibility, this policy shall comply with the law to the
extent required.
OTHER INSURANCE
LIM[T OF LIAB [CITY If there is other applicable liability insurance we will pay
A. The limit of liability shown in the Declarations for this only our share of the loss. Our share is the proportion that
coverage is our maximum limit of liability for all dam- our limit of liability bears to the total of all applicable
ages resulting from any one auto accident. This is the limits. However, any insurance we provide for a vehicle
most we will pay regardless of the number of: you do not own shall be excess over any other collectible
insurance.
PART B -MEDICAL PAYMENTS COVERAGE
INSURING AGREEMENT
A. We will pay reasonable expenses incurred for necessary
medical and funeral services because of "bodily injury:"
1. Caused by accident; and
2. Sustained by an "insured."
We will pay only those expenses incurred within 3 years
from the date of the accident.
B. "Insured" as used in this Part means:
1. You or any "family member:"
a. while "occupying;" or
b. as a pedestrian when struck by;
a motor vehicle designed for use mainly on public
roads or a trailer of any type.
2. Any other person while "occupying" "your covered
auto."
EXCLUSIONS
We do not provide Medical Payments Coverage for any
person for "bodily injury:"
1. Sustained while "occupying" any motorized vehicle
having fewer than four wheels.
2. Sustained while "occupying" "your covered auto"
when it is being used as a public or livery convey-
ance. This exclusion (2.) does not apply to a share-
the-expense car pool.
3. Sustained while "occupying" any vehicle located for
use as a residence or premises.
4. Occumng during the course of employment if work-
ers' compensation benefits are required or available
for the "bodily injury."
5. Sustained while "occupying," or when struck by,
any vehicle (other than "your covered auto") which
is:
Page 3 of 10
a. owned by you; or
b. furnished or available for your regular use.
6. Sustained while "occupying," or when struck by,
any vehicle (other than "your covered auto") which
is:
a. owned by any "family member;" or
b. furnished or available for the regular use of any
"family member."
However, this exclusion (6.) does not apply to you.
7. Sustained while "occupying" a vehicle without a
reasonable belief that that person is entitled to do
so.
8. Sustained while "occupying" a vehicle when it is
being used in the "business" of an "insured." This
exclusion (8.) does not apply to "bodily injury" sus-
tained while "occupying" a:
a. private passenger auto;
b. pickup or van that you own; or
c. "trailer" used with a vehicle described in a. orb.
above.
9. Caused by or as a consequence of:
a. discharge of a nuclear weapon (even if acciden-
tal);
b. war (declared or undeclared);
c. civil war,
d. insurrection; or
e. rebellion or revolution.
10. From or as a wnsequence of the following, whether
controlled or uncontrolled or however caused:
a. nuclear reaction;
b. radiation; or
c. radioactive contamination.
LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for this
coverage is our maximum limit of liability for each per-
son injured in any one accident. This is the most we will
pay regardless of the number of:
I. "Insureds;"
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.
B. Any amounts otherwise payable for expenses under this
coverage shall be reduced by any amounts paid or pay-
able for the same expenses under Part A or Part C.
C. No payment will be made unless the injured person or
that person's legal representative agrees in writing that
any payment shall be applied toward any settlement or
judgment that person receives under Part A or Part C.
OTHER INSURANCE
If there is other applicable auto medical payments insurance
we will pay only our share of the loss. Our share is the
proportion that our limit of liability bears to the total of all
applicable limits. However, any insurance we provide with
respect to a vehicle you do not own shall be excess over any
other collectible auto insurance providing payments for
medical or funeral expenses.
PART C -UNINSURED MOTORISTS COVERAGE
INSURING AGREEMENT
A. We will pay compensatory damages which an "insured"
is legally entitled to recover from the owner or operator
of an "uninsured motor vehicle" because of "bodily in-
jury.
1. Sustained by an "insured;" and
2. Caused by an accident.
The owner's or operator's liability for these damages
must arise out of the ownership, maintenance or use of
the "uninsured motor vehicle."
Any judgment for damages arising out of a suit brought
without our written consent is not binding on us.
B. "Insured" as used in this Part means:
1. You or any "family member."
2. Any other person "occupying" "your covered auto."
3. Any person for damages that person is entitled to
recover because of "bodily injury" to which this
coverage applies sustained by a person described in
1. or 2. above.
C. "Uninsured motor vehicle" means a land motor vehicle
or trailer of any type:
1. To which no bodily injury liability bond or policy
applies at the time of the accident.
2. To which a bodily injury liability bond or policy
applies at the time of the accident. In this case its
limit for bodily injury liability must be less than the
minimum limit for bodily injury liability specified
by the financial responsibility law of the state in
which "your covered auto" is principally garaged.
3. Which is a hit-and-run vehicle whose operator or
owner cannot be identified and which hits:
a. you or any "family member;"
b. a vehicle which you or any "family member" are
"occupying;" or
c. "your covered auto."
4. To which a bodily injury liability bond or policy
applies at the time of the accident but the bonding or
insuring company; _
a. denies coverage; or
b. is or becomes insolvent.
However, "uninsured motor vehicle" does not include
any vehicle or equipment:
I. Owned by or furnished or available for the regular
use of you or any "family member."
2. Owned or operated by aself-insurer under any
applicable motor vehicle law, except aself-insurer
which is or becomes insolvent.
Page 4 of 10
3. Owned by any governmental unit or agency.
4. Operated on rails or crawler treads.
5. Designed mainly for use off public roads while not
on public roads.
6. While located for use as a residence or premises.
EXCLUSIONS
A. We do not provide Uninsured Motorists Coverage for
"bodily injury" sustained by any person:
l_ While "occupying," or when struck by, any motor
vehicle owned by you or any "family member"
which is not insured for this coverage under this
policy. This includes a trailer of any type used with
that vehicle.
2. If that person or the legal representative settles the
"bodily injury" claim without our consent.
3. While "occupying" "your covered auto" when it is
being used as a public or livery conveyance. This
exclusion (A.3.) does not apply to a share-the-
expense car pool.
4. Using a vehicle without a reasonable belief that that
person is entitled to do so.
B. This coverage shall not apply directly or indirectly to
benefit any insurer or self-insurer under any of the fol-
lowing or similar law:
I. Workers' compensation law; or
2. Disability benefits law.
C. We do not provide Uninsured Motorists Coverage for
punitive or exemplary damages.
LIMIT OF LIABILCtY
A. The limit of liability shown in the Declarations for this
coverage is our maximum limit of liability for all dam-
ages resulting from any one accident. This is the most
we will pay regardless of the number of:
I. "Insureds;"
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.
B. Any amounts otherwise payable for damages under this
coverage shall be reduced by all sums:
1. Paid because of the "bodily injury" by or on behalf
of persons or organizations who may be legally re-
sponsible. This includes all sums paid under Part A;
and
2. Paid or payable because of the "bodily injury" under
any of the following or similar law:
a. workers' compensation law; or
b. disability benefits law.
C. Any payment under this coverage will reduce any
amount that person is entitled to recover for the same
damages under Part A.
OTHER INSURANCE
If there is other applicable similar insurance we will pay
only our share of the loss. Our share is the proportion that
our limit of liability bears to the total of all applicable
limits. However, any insurance we provide with respect to a
vehicle you do not own shall be excess over any other
collectible insurance.
ARBITRATION
A. If we and an "insured" do not agree:
1. Whether that person is Legally entitled to .recover
damages under this Part; or
2. As to the amount of damages;
either party may make a written demand for arbitration.
In this event, each party will select an arbitrator. The
two arbitrators will select a third. If they cannot agree
within 30 days, either may request that selection be
made by a judge of a court having jurisdiotion_
B. Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator equally.
C. Unless both parties agree otherwise, arbitration will
take place in the county in which the "insured" lives.
Local rules of law as to procedure and evidence will
apply. A decision agreed to by two of the arbitrators
will be binding as to:
1. Whether the "insured" is legally entitled to recover
damages; and
2. The amount of damages. This applies only if the
amount does not exceed the minimum limit for bod-
ily injury liability specified by the financial respon-
sibility law of the state in which "your covered auto"
is principally garaged. If the amount exceeds that
limit, either party may demand the right to a trial.
This demand must be made within 60 days of the
arbitrators' decision. If this demand is not made, the
amount of damages agreed to by_the arbitrators will
be binding.
PART D -COVERAGE FOR DAMAGE TO YOUR AUTO
INSURING AGREEMENT
A. We will pay for direct and accidental loss to "your
covered auto" or any "non-owned auto," including their
equipment, minus any applicable deductible shown in
the Declarations. We will pay for loss to "your covered
auto" caused by:
1. Other than "collision" only if the Declarations
indicate that Other Than Collision Coverage is pro-
vided for that auto.
2. "Collision" only if the Declarations indicate that
Collision Coverage is provided for that auto.
Page 5 of 10
' If there is a loss to a "non-owned auto," we will provide
the broadest coverage applicable to any "your covered
auto" shown in the Declarations.
B. "Collision" means the upset of "your covered auto" or a
"non-owned auto" or their impact with another vehicle
or object.
Loss caused by the following is considered other than
"collision:"
1. Missiles or 7. Malicious mischief
falling objects; or vandalism;
2. Fire; 8. Riot or Civil Com-
a. Theft or larcency; motion;
4. Explosion or earth- 9. Contact with bird or
quake; animal; or
5. Windstorm; 10. Breakage of glass.
6. Hail, water or flood
If breakage of glass is caused by a "collision," you may
elect to have it considered a loss caused by "collision."
C. "Non-owned auto" means:
1. Any private passenger auto, pickup, van or "trailer"
not owned by or famished or available for the regu-
lar use of you or any "family member" while in the
custody of or being operated by you or any "family
member;" or
2. Any auto or "trailer" you do not own while used as a
temporary substitute for "your covered auto" which
is out of normal use because of its:
a. breakdown; d. loss; or
b. repair; e. destruction.
c. servicing;
TRANSPORTATION EXPENSES
In addition we will pay, without application of a deductible,
up to $1 S per day, to a maximum of $450, for:
1. Transportation expenses incurred by you in the
event of the total theft of "your covered auto." This
applies only if the Declarations indicate that Other
Than Collision Coverage is provided for that auto.
2. Loss of use expenses for which you become legally
responsible in the event of the total theft of a "non-
owned auto." This applies only if the Declarations
indicate that Other Than Collision Coverage is pro-
vided for any "your covered auto."
We will pay only expenses incurred during the period:
I. Beginning 48 hours after the theft; and
2. Ending when "your covered auto" or the "non-
owned auto" is returned to use or we pay for its loss.
EXCLUSIONS
We will not pay for:
1. Loss to "your covered auto" or any "non-owned
auto" which occurs while it is being used as a public
or livery conveyance. This exclusion (1.) does not
apply to ashare-the-expense car pool.
2. Damage due and confined to:
a. wear and tear;
b. freezing;
c. mechanical or electrical breakdown or failure; or
d. road damage to tires.
This exclusion (2.) does not apply if the damage re-
sults from the total theft of "your covered auto" or
any "non-owned auto."
3. Loss due to or as a consequence of:
a. radioactive contamination;
b. discharge of any nuclear weapon (even if acci-
dental);
c. war (declared or undeclared);
d. civil war;
e. insurrection; or
f. rebellion or revolution.
4. Loss to:
a. any electronic equipment designed for the re-
production of sound, including, but not limited
to:
(1) radios and stereos;
(2) tape decks; or
(3) compact disc players;
b. any other electronic equipment that receives or
transmits audio, visual or data signals, including,
but not limited to:
(1) citizens band radios;
(2) telephones;
(3) two-way mobile radios;
(4) scanning monitor receivers;
(5) television monitor receivers;
(6) video cassette recorders;
(7) audio cassette recorders; or
(8) personal computers;
c. tapes, records, discs, or other media used with
equipment described in a. orb.; or
d. any other accessories used with equipment
described in a. or b.
This exclusion (4.) does not apply to:
a. equipment designed solely for the repro-duction
of sound and accessories used with such equip-
ment, provided such equipment is permanently
installed in "your covered auto" or any "non-
owned auto;" or
b. any other electronic equipment that is:
(1) necessary for the normal operation of the
auto or the monitoring of the auto's operat-
ing systems; or
(2) an integral part of the same unit housing any
sound reproducing equipment described in a.
and permanently installed in the opening of
the dash or console of "your covered auto"
or any "non-owned auto" normally used by
the manufacturer for installation of a radio.
5. Loss to "your covered auto" or any "non-owned
auto" due to destruction or confiscation by govern-
mental or civil authorities because you or any "fam-
ily member."
Page 6 of 10
a. engaged in illegal activities; or
b. failed to comply with Environmental Protection
Agency or Department of Transportation stan-
dards.
This exclusion (5.) does not apply to the interests of
Loss Payees in "your covered auto."
6. Loss to a camper body or "trailer" you own which is
not shown in the Declarations. This exclusion (6.)
does not apply to a camper body or "trailer" you:
a. acquire during the policy period; and
b. ask us to insure within 30 days after you become
the owner.
7.. Loss to any "non-owned auto" when used by you or
any "family member" without a reasonable belief
that you or that "family member' are entitled to do
so.
8. Loss to:
a. awnings or cabanas; or
b. equipment designed to create additional living
facilities.
9. Loss to equipment designed or used for the detec-
tion or location of radar.
10. Loss to any custom furnishings or equipment in or
upon any pickup or van. Custom furnishings or
equipment include but are not limited to:
a. special carpeting and insulation, furniture or
bars;
b. facilities for cooking and sleeping;
c. height-extending roofs; or
d. custom murals, paintings or other decals or
graphics.
11. Loss to any "non-owned auto" being maintained or
used by any person while employed or otherwise
engaged in the "business" of:
a. selling; d. storing; or
b. repairing; e. parking;
c. servicing;
vehicles designed for use on public highways. This
includes road testing and delivery.
12. Loss to any "non-owned auto" being maintained or
used by any person while employed or otherwise
engaged in any "business" not described in exclu-
sion 11. This exclusion (12.) does not apply to the
maintenance or use by you or any "family member"
of a "non-owned auto" which is a private passenger
auto or "trailer."
L[MIT OF LIAB[LuY
A. Our limit of liability for loss will be the lesser of the:
1. Actual cash value of the stolen or damaged prop-
erty; or
2. Amount necessary to repair or replace the property.
However, the most we will pay for loss to any "non-
owned auto" which is a "trailer" is $500.
B. An adjustment for depreciation and physical condition
will be made in determining actual cash value at the
time of loss.
PAYMENT OF LOSS
We may pay for loss in money or repair or replace the
damaged or stolen property. We may, at our expense, return
any stolen property to:
1. You; or
2. The address shown in this policy.
If we return stolen property we will pay for any damage
resulting from the theft. We may keep all or part of the
property at an agreed or appraised value.
NO BENEFIT TO B AILEE
This inswance shall not directly or indirectly benefit any
carrier or other bailee for hire.
OTHER S OURCES OF RECOVERY.
If other sources of recovery also cover the loss, we will pay
only our share of the loss. Our share is the proportion that
our limit of liability bears to the total of all applicable
limits. However, any insurance we provide with respect to a
"non-owned auto" shall be excess over any other collectible
source of recovery including, but not limited to:
1. Any coverage provided by the owner of the "non-
owned auto;"
2. Any other applicable physical damage insurance;
3. Any other source of recovery applicable to the loss.
APPRAISAL
A. If we and you do not agree on the amount of loss, either
may demand an appraisal of the loss. In this event, each
party will select a competent appraiser. The two ap-
praisers will select an umpire. The appraisers will state
separately the actual cash value and the amount of loss.
If they fail to agree, they will submit their differences to
the umpire. A decision agreed to by any two will be
binding. Each party will:
Pay its chosen appraiser, and
2. Bear the expenses of the appraisal and umpire
equally.
B. We do not waive any of our rights under this policy by
agreeing to an appraisal.
PART E -DUTIES AFTER AN ACCIDENT OR LOSS
We have no duty to provide coverage under this policy
unless there has been full compliance with the following
duties:
A. We must be notified promptly of how, when and where
the accident or loss happened. Notice should also in-
clude the names and addresses of any injured persons
and of any witnesses.
B. A person seeking any coverage must:
Page 7 of 10
1. Cooperate with us in the investigation, settlement or
defense of any claim or suit.
2. Promptly send us copies of any notices or legal
papers received in connection with the accident or
loss.
3. Submit, as often as we reasonably require:
a. to physical exams by physicians we select. We
will pay for these exams.
b. to examination under oath and subscribe the
same.
4. Authorize us to obtain:
a. medical reports; and
b: -other pertinent records.
5. Submit a proof of loss when required by us.
C. A person seeking Uninsured Motorists Coverage must
also:
1. Promptly nou,y the police if chit-and-run driver is
involved.
2. Promptly send us copies of the legal papers if a suit
is brought.
D. A person seeking Coverage for Damage to Your Auto
must also:
1. Take reasonable steps after loss to protect "your
covered auto" or any "non-owned auto" and their
equipment from further loss. We will pay reasonable
expenses incurred to do this.
2. Promptly notify the police if "your covered auto" or
any "non-owned auto" is stolen.
3. Permit us to inspect and appraise the damaged
property before its repair or disposal.
PART F -GENERAL PROVISIONS
BANKRUPTCY
Bankruptcy or insolvency of the "insured" shall not relieve '
us of any obligations under this policy.
CHANGES
A. This policy contains all the agreements between you
and us. [ts terms may not be changed or waived except
by endorsement issued by us.
B. If there is a change to the information used to develop
the policy premium, we may adjust your premium.
Changes during the policy term that may result in a
premium increase or decrease inciude, but are not lim-
ited to, changes in:
1. The number, type or use classification of insured
vehicles;
2. Operators using insured vehicles;
3. The place of principal garaging of insured vehicles;
4. Coverage, deductible or limits.
If a change resulting from A. or B. requires a premium
adjustment, we will make the premium adjustment in accor-
dance with our manual rules.
C. If we make a change which broadens coverage under
this edition of your policy without additional premium
charge, that change will automatically apply to your
policy as of the date we implement the change in your
state. This paragraph (C.) does not apply to changes
implemented with a general program revision that in-
cludes both broadenings and restrictions in coverage,
whether that general program revision is implemented
through introduction of:
1. A subsequent edition of your policy; or
2. An Amendatory Endorsement.
FRAUD
We do not provide coverage for any "insured" who has
made fraudulent statements or engaged in fraudulent con-
duct in connection with any accident or loss for which
coverage is sought under this policy.
LEGAL ACTION AGAINST US
A. No legal action may be brought against us until there
has been full compliance with all the terms of this pol-
icy. In addition, under Part A, no legal action may be
brought against us until:
1. We agree in writing that the "insured" has an obliga-
tion to pay; or
2_ The amount of that obligation has been finally
determined by judgment after trial.
B. No person or organization has any right under this
policy to bring us into any action to determine the liabil-
ity of an "insured."
OUR RIGHT TO RECOVER PAYMENT
A. If we make a payment under this policy and the person
to or for whom payment was made has a right to recover
damages from another we shall be subrogated to that
right. That person shall do:
1. Whatever is necessary to enable us to exercise our
rights; and
2. Nothing after loss to prejudice them.
However, our rights in this paragraph (A.) do not apply
under Part D, against any person using "your covered
auto" with a reasonable belief that that person is entitled
to do so.
B. If we make a payment under this policy and the person
to or for whom payment is made recovers damages from
another, that person shall:
I. Hold in trust for us the proceeds of the recovery;
and
2. Reimburse us to the extent of our payment.
POLICY P ERI OD AND TERRITORY
A. This policy applies only to accidents and losses which
occur:
I. During the policy period as shown in the Declara-
tions; and
2. Within the policy territory.
Page 8 of 10
B. The policy territory is:
1. The United States of America, its territories or
possessions;
2_ Puerto Rico; or
3. Canada.
This policy also applies to loss to, or accidents involy-
ing, "your covered auto" while being transported be-
tweentheir ports.
TERMINATION
A. Cancellation. This policy may be cancelled during the
policy period as follows:
I. The named insured shown in the Declarations may
cancel by:
a. returning this policy to us; or
b. giving us advance written notice of the date
cancellation is to take effect.
2. We may cancel by mailing to the named insured
shown in the Declarations at the address shown in
this policy:
a. at least 10 days notice:
(1) if cancellation is for nonpayment of pre-
mium; or
(2) if notice is mailed during the first 60 days
this policy is in effect and this is not a re-
newal or continuation policy; or
b. at least 20 days notice in all other cases.
3. After this policy is in effect for GO days, or if this is
a renewal or continuation policy, we will cancel
only:
a. for nonpayment of premium; or
b. if your driver s license or that of:
(1) any driver who lives with you; or
(2) any driver who customarily uses "your
covered auto;"
has been suspended or revoked. This must have
occurred:
(1) during the policy period; or
(2) since the last anniversary of the original
effective date if the policy period is other
than 1 year; or
c. if the policy was obtained through material
misrepresentation.
B. Nonrenewal. If we decide not to renew or continue this
policy, we will mail notice to the named insured shown
in the Declarations at the address shown in this policy.
Notice will be mailed at least 20 days before the end of
the policy period. If the policy period is other than 1
year, we will have the right not to renew or continue it
only at each anniversary of its original effective date.
C. Automatic Termination. If eve offer to renew or con-
tinue and you or your representative do not accept, this
policy will automatically terminate at the end of the cur-
rent policy period. Failure to pay the required renewal
or continuation premium when due shall mean that you
have not accepted our offer.
[f you obtain other insurance on "your covered auto,"
any similar insurance provided by this policy will ter-
minate as to that auto on the effective date of the other
insurance.
D. Other Termination Provisions.
1. If the law in effect in your state at the time this
policy is issued, renewed or continued:
a. requires a longer notice period;
b. requires a special form of or procedure for
giving notice; or
c. modifies any of the stated termination reasons;
we will comply with those requirements.
2. We may deliver any notice instead of.ma~ling it.
Proof of mailing of any notice shall be sufficient
proof of notice.
3. If this policy is cancelled, you may be entitled to a
premium refund. If so, we will send you the refund.
The premium refund, if any, will be computed ac-
cording to our manuals. However, making or offer-
ing to make the refund is not a condition of cancel-
lation.
4_ The effective date of cancellation stated in the
notice shall become the end of the policy period.
TRANSFER OF YOUR INTEREST IN THIS POLICY
A. Your rights and duties under this policy may not be
assigned without our written consent. However, if a
named insured shown in the Declarations dies, coverage
will be provided for:
I. The surviving spouse if resident in the same house-
hold at the time of death. Coverage applies to the
spouse as if a named insured shown in the Declara-
tions; and
2. The legal representative of the deceased person as if
a named insured shown in the Declarations. This
applies only with respect to the representative's legal
responsibility to maintain or use "your covered
auto."
B. Coverage will only be provided until the end of the
policy period.
TWO OR MORE AUTO POLICIES -
If this policy and any other auto insurance policy issued to
you by us apply to the same accident, the maximum limit of
our liability under all the policies shall not exceed the
highest applicable limit of liability under any one policy.
Page 9 of I 0
*MUTUAL POLICY CONDITIONS
You are a member of the Liberty Mutual Fire Insurance Company while this policy is in force. Membership entitles you to
vote in person or by proxy at meetings of the company. The Annual Meeting is in Boston, Massachusetts, on the second
Wednesday in April each year at 11 o clock in the morning.
Also, as a member, you will receive any dividends declared on this policy by the Directors.
This policy is classified in Dividend Class IV-Automobile.
This policy has been signed by our President and Secretary at Boston, Massachusetts, and countersigned on the Declarations
Page by an authorized representative.
*These conditions apply only if Liberty Mutual Fire Insurance Company is shown in the Declarations as the insurer.
~ ~ .
~~
P~~, SECRETARY
Includes Copyrighted material of Insurance Services Office, Inc.,
with its pern~ission
Copyright, Insurance Services Office, Inc., 1988
Page 10 of 10
Li' ctyGuard Auto Policy Declar- ions
Libe Tl_ First Liberty Insurance Cox, ration
MUt~, Boston, Massachusetts
YOUR POLICY NUMBER: A06 - 2 8 8 -112 04 7 -10 6 5 THESE DECLARATIONS EFFECTIVE: O 2 / 16 / O 6
NAMED INSURED AND MAILING ADDRESS: FOR SERVICE PLEASE CONTACT:
DEBORAH CUMINGS
WILLIAM CUMINGS PINES D N
227 N 25TH ST 5021 LOUISE DR
CAMP HILL PA 17011-3611 MECHANICSBURG PA 17055
SERVICE: 717-795-8703/800-722-5164
CLAIMS: 800-2LAAIMS (800-225-2467)
www.libertymutualinsurance.com
Group Savings Plus®
Moravian Alumni Association
Policy Period: 02/16/06 to 02/16/07 12:OlAM Standard Time at the Address of the
Named Insured as Stated in the Policy.
Reason For This Notice: Your Renewal Policy Declarations
PE[Z901~ I, AUPCNDBILE d (7VERAf~:, LIl~II'I 5, A[~ID PREMIIM
Coverages And Limits i&~der Your Auto Policy: Coverage Is Provided mere A
Prnmiua Is Shawn Far ~ Cbvera,ge
Part Veh 1 Veh 2
A. Liability $ 398 174
Bodily Injury $ 10 0 , 0 0 0 Each peril
$ 300,000 Each Accident
e $ 100,000 Each Accident
C. 1~loto~-Sts $ 13 13
Bodily Injury $ 10 0 , 0 0 0 Eat perm
$ 3 0 0, 0 0 0 Eat Accident
Underinsured Motorists $ 44 44
Bodily Injury $ 10 0 , 0 0 0 Each person
$ 3 0 0, 0 0 0 Each Accident
Limited Tort Options Selected
First Party Benefits $ 81 39
25,000 Medical Expense
1,500 Funeral Expense
5,000 Income Loss
0 Accidental Death
D. Coverage Far Damage 2b Your Auto
Qollisicai $ 386 265
Actual Cash Value Less Deductible Shown:
Veh 1 $ 500 Veh 2 $ 500
This Policy Covers Collision Dar[-age To
Rental Vehicles.
Other Than Collision $ 130 85
Actual Cash Value Less Deductible Shown:
Veh 1 $ 100 Veh 2 $ 100
C~tional Cavexage
AUTO 3079 (Ed. 4-93)
%~^`~'
S6CRSTARY 1
This policy, including all endorsements attached is countersigned by:
Pte` V AUTHORIZED REPRESENTATIVE
`bertyGuard Auto Policy Dec' -ations Page 2
.ie First Liberty Insurance L poration
Boston, Massachusetts
YOUR POLICY NUL~ER: AO6-288-112047-106 5 THESE DECLARATIONS EFFECTIVE: O2/16/O6
(Continued from Previous Page)
Zbtnr~ng And Labor Cost - $ 5 0 Each Disablement $ 5 5
Transportation Expenses $ 32 32
$ 3 0 per Day $ 9 0 0 per Accident
Annual Prgnium Per Vehicle: $ 1089 657
Safe Driver Insurance Plan Surcharge: $ 168.00
As A Result Of : Violation SCO NO Surcharge
Accident SC1 25~ Charge
1914.00
VEHICLES COVERED BY YOUR POLICY
Vehicle
Veh Year Make Model ID Number
1 1998 TOYOTA CAMRY 4T1BG22K5WU287427
2 2003 VOLKSWAGEN PASSAT G VWWPD63B63P188103
Loss Payee: Month/Year Expires:
VEH 2 PSECU 05/2008
DRIVER INFORMATION
Driver Name DOB State License Number
DEBORAH COMINGS 10/07/49 PA 15015882
,WILLIAM COMINGS 05/17/43 PA 20815330
'WILLIAM COMINGS III 01/23/88 PA 28237013
To Ensure Proper Coverage, Please Contact Us To Add Drivers Not Listed Above.
VEHICLE DISCOUNTS INCLUDED IN YOUR RATE
Discounts Veh 1 Veh 2
Anti-Lock Braking System Yes Yes
Passive Restraint Yes Yes
(Automatic Seats Belt and/or Air Bags)
OTHER DISCOUNTS INCLUDED IN YOUR RATE
Good Student Multi-Car
Group Savings Plus®
AUTO )079 (Ed. 4-9))
~~r ~- .~
SfiCR67ARY ,
This policy, including all enydor_s_ements attach/ed is countersigned by:
~,>~,~~ /
AUTHORIZED REPRESENTATIVE
'.bertyGuard Auto Policy Dec' -ations Page 3
.ie First Liberty Insurance L -poration
Boston, Massachusetts
YOUR POLICY NUMBER: AO6 ' 2 8 8 - 112 O4 7 - 1 O6 5 THESE DECLARATIONS EFFECTIVE: O2 ~ 16 ~ O 6
(Continued from Previous Page)
~ ENDORSEMENTS ATTACHED TO YOUR POLICY
2320 10 89
PP 05 51 11 92
AS2108 04 99
PP 04 20 07 90
AS2048 09 00
A52067 08 97
PP 04 16 07 90
AS2050 09 00
AUTO 3941
PP 03 05 08 86
A52208 02 05
PP 03 09 04 86
AS1046 12 89
AS2207 02 05
AS2112 10 99
AS2216 04 05
AS2221 04 05
PP 13 01 12 99
Master the First Liberty Insurance Corporation Endorsement
Pennsylvania First Party Benefits Coverage Endorsement
Limited Tort Alternative Information Notice
Split Uninsured Motorists Limits Pennsylvania (Non-Stacked)
Uninsured Motorists Coverage - Pennsylvania (Non-Stacked)
Amendment of Policy Provisions - Pennsylvania
Split Underinsured Motorists Limits Pennsylvania (Non-Stacked)
Underinsured Motorists Coverage - Pennsylvania (Non-Stacked)
Amendment of Policy Definitions
Loss Payable Clause
Towing and Labor Coverage
Split Liabilit~r Limits
Automatic Termination Endorsement
Optional Transportation Expenses Coverage
New Vehicle Replacement Cost Coverage
Automobile Amendatory Endorsement
Nuclear, Bio-Chemical & Mold Exclusion Endorsement
Coverage For Damage to Your Auto Exclusion Endorsement
Any persaz who ]a~owingly, and with intent to defraud any insurance catpany or other person files
an application for insurance or statanent of claim oorrltaining any materially false infornrition or
conceals for the purpose of misleading, information oorncerni-nq any fact material thereto ca><mits
a fraudulent insurance act, which is a crime and subjects such person to criminal and civil
penalties.
Pty VaI]1a Minimum Quote
The laws of the Cainwealth of Petu~sylvania, as enacted by the General Assembly, only require
that yonl purchase liability and first-party medical benefits coverages. Any additional
coverages or coverages in excess of the limits required by law are provided only at your request
as enhancements to basic coverages.
Veh 1 Veh 2
A.Liability $ 274 12 0
Bodily Injury $ 15,000 Each Person
$ 30,000 Each Accident
Property Damage $ 5,000 Earn Accident
First Party Benefits $ 4 2 1 g
5,000 Medical Benefits
0 Flmeral Benefits
Premiun Per VeYu.cle: 316 13 8
SDIP a 51
~~ ~~~= 5 0 5
AUTO 3079 (Ed. 4-93)
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SECR6TAQY ' rs>eswHVT`~
This policy, including all endorsements attached is countersigned by:
~ ~~
AUTHORIZED REPRESENTATIVE
Li' ~rtyGuard Auto Policy Declar- `.ions
Z First Liberty Insurance Co_ -ration
• ~ ~ Boston, Massachusetts
YOUR POLICY Libe 2 8 8 -112 0 4 7 -10 6 5
NAMED INSURED Z~~ S:
DEBORAH CUM NGS
WILLIAM CUMINGS
227 N 25TH ST
CAMP HILL PA 17011-3611
THESE DECLARATIONS EFFECTIVE: O2 / 16 / O 6
FOR SERVICE PLEASE CONTACT:
PINES D N
5021 LOUISE DR
MECHANICSBURG PA 17055
SERVICE: 717-795-8703/800-722-5164
CLAIMS: 800-2CLAIMS (800-225-2467)
www.libertymutualinsurance.com
VEH USE TAX
TERR TOWN/COUNTY
CODE RATE
TERR 10 MERIT Pf FRS ED INSP OSR CLASS
CODE SYM ANN
MILE RATING BANDS
1 O1 0000 000 027 4 YYY 8 00 1 00 N 81 12
2 O1 0000 000 027 4 N10 8 00 1 00 N O1 14
RESTRAINT 11V0 TIER 1S USH VU CSH UU S/G 37/ KEY L~4L N/K L P'Y U~ YUL.Cll lU MA1L RQ Nl AMT U
JACRET 3075 1289 ISSD 01/12/06
Incpts O1 COST NEW
VEH COLL
EDUC DEF
DRVR DRVR
TRNG GOOD
STU MULTI
CAR PARP ADDL
DISC GOOD
DRVR/LPD SR ACCID
PREV TRVL-
LMK TIER
PRFD FL
PRFD FlN
STAB
1 Yes Yes
2 No Yes
3
4
CL~NT# 000000000102444 GRADE PRU NUM: AGT NUM: AGT OFF: DIST CHAN: APT:
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THE FIRST LIBERTY INSURANCE CORPORATION IN THE COURT OF COMMON PLEAS
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
VS
DOCKET NO: 07 - 57 Civil Term
WILLIAM COMINGS, DEBORAH COMINGS and
ANDREW C. COMINGS, a minor, through his
parents and natural guardians, WILLIAM AND
DEBORAH COMINGS; KRISTOFFER N. LUND, a
minor, through his parents and natural guardians;
ALEXANDRA G. McLANAHAN, a minor, through
her parents and natural guardians; CALLIE
McKEON, a minor, through her parents and
natural guardians; ROBERT RODAK, a minor,
through his parents and natural guardians; and
TIMOTHY H. ADAMS, a minor, through his parents
and natural guardians
DEFENDANTS
PRAECIPE OF ENTRY OF APPEARANCE
To The Prothonotary:
Please enter the appearance of the undersigned counsel with respect to
Defendants, William Cumings, Deborah Cumings and Andrew C. Cumings, a minor,
through his parents and natural guardians, William and Deborah Cumings.
DATE: d'3~7
Respectfully sub ~ d,
NEALON GO PE Y
~4 r+
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C \ ~_
By:
James G. Nealon, III, Esquire
Supreme Court I.D. #46457
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
CERTIFICATE OF SERVICE
AND NOW, this 22nd day of January, 2007, I hereby certify that I have served the
foregoing Entry ofAppearance on the following by U.S. Mail:
Timothy J. McMahon, Esquire
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
4200 Crums Mill Road -Suite B
Harrisburg, Pennsylvania 17112
Kristoffer N. Lund, a minor
c/o Parents and Natural Guardians
2300 Lincoln Street
Camp Hill, PA 17011
Alexandra G. McLanahan, a minor
c/o Parents and Natural Guardians
343 North 25th Street
Camp Hill, PA 17011
Callie McKeon, a minor
c/o Parents and Natural Guardians
370 North 26th Street
Camp Hill, PA 17011
Robert Kodak, a minor
c/o Parents and Natural Guardians
25 North 19th Street
Camp Hill, PA 17011
Timothy H. Adams, a minor
c/o Parents and Natural Guardi~
27 North 23~d S~tceet.~
Camp Hill, PA 1 11
~.
JAMES G. NEALON, III, ESQUIRE
Ci ~~" ^ri
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~ SHERIFF'S RETURN - REGULAR
CASE N0: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
GERALD WORTHINGTON Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MCLANAHAN ALEXANDRA G MINOR the
DEFENDANT at 1548:00 HOURS, on the 5th day of January 2007
at 343 NORTH 25TH STREET
CAMP HILL, PA 17011 by handing to
ANDREW G MCLANAHAN
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service 13 .2 0 ,..~''~ ~~~~
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
29.20 01/08/2.007
~,~ D~ MARSHALL DENNEHEY WARNER C'OLEM
Sworn and Subscibed to By:
before me this day Deputy Sh iff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
ADAMS TIMOTHY H MINOR
was served upon
the
DEFENDANT at 1827:00 HOURS, on the 5th day of January 2007
at 27 NORTH 23RD STREET
CAMP HILL, PA 17011 by handing to
ASHLEY ADAMS, SISTER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 ~~
Service 13 .2 0 ~r~"~ .''~'?-~'~ .
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
29.20 O1/OR/2007
Q p~ MARSHALL DENIVEHEY WARNER COLEM
Sworn and Subscibed to ~ao~ By:
before me this day Deputy She ff
of A.D.
a
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CUMINGS WILLIAM the
DEFENDANT at 1108:00 HOURS, on the 5th day of January 2007
at 227 NORTH 25TH STREET
CAMP HILL, PA 17011-3611 by handing to
DEBORAH CUMINGS, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 13 .2 0 c~~~~ ,~~,,,, p
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
41.20 ~ 01/08/2007
~,a.O~B MARSHALL DENNEHE~ WARNER COLEM
Sworn and Subscibed to By:
before me this day Deputy S eriff
of A.D.
' SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
RONALD HOOVER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
rrrnirTt~Tr~c ri~r.~n~nu the
DEFENDANT at 1108:00 HOURS, on the 5th day of January 2007
at 227 NORTH 25TH STREET
CAMP HILL, PA 17011-3611 by handing to
DEBORAH CUMINGS
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service . 0 0 ~ ,,~=~'.~..F
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 / 01/08/2007
Q,p"I MARSHALL DENNEHEY WARNER COLEM
i .ate
Sworn and Subscibed to By : ~ ~~ ~-/
before me this day Deputy Sheriff
of A.D.
` SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
RONALD HOOVER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
CUMINGS ANDREW C MINOR
was served upon
the
DEFENDANT at 1108:00 HOURS, on the 5th day of January 2007
at 227 NORTH 25TH STREET
CAMP HILL, PA 17011-3611
DEBORAH CUMINGS, MOTHER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6 . 0 0 ~i~~., iy ~~ I~
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00,/~ 01/08/2007
i~a~_,Q MARSHALL DENNEHEY WARNER COLEM
Sworn and Subscibed to By: ~~`,. /
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE N0: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LUND KRISTOFFER N MINOR the
DEFENDANT
at 1123:00 HOURS, on the 5th day of January 2007
at 2300 LINCOLN STREET
CAMP HILL, PA 17011 by handing to
LINDA LUND, MOTHER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service 13 .2 0 ~i~l ~~ y~
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
29.20 01/08/2007
~~ MARSHALL DENNEHEY WARNER COLEM
~" ~ ply
Sworn and Subscibed to By:
~~~~
before me this day Deputy Sheriff
of A.D.
CASE N0: 2007-00057 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MCKEON CALLIE MINOR
was served upon
the
DEFENDANT at 1118:00 HOURS, on the 5th day of January 2007
at 370 NORTH 26TH STREET
CAMP HILL, PA 17011 by handing to
MOLLIE MCCURDY, MOTHER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6 . 0 0 ~~~~
Service 13 .20 ,~ --~
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
29.20 01/08/2007
~~ MARSHALL DENNEHEY WARNER COLEM
~"~,o~
Sworn and Subscibed to By: ~~~
before me this day Deputy Sheriff
of
A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST LIBERTY INSURANCE CORP
VS
CUMINGS WILLIAM_ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RODAK ROBERT MINOR the
DEFENDANT at 1134:00 HOURS, on the 5th day of January 2007
at 25 NORTH 19TH STREET
CAMP HILL, PA 17011 by handing to
MARK RODAK, FATHER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 ,.
Service 13.20
Affidavit ,~~~~ ...P
.00
Surcharge 10.00 R. Thomas Kline
.00
29.20/ 01/08/2007
~'~-6~ MARSHALL DENNEHEY WARNER COLEM
Sworn and Subscibed to ~~ By:
~~~~
before me this day Deputy Sheriff
of A.D.
Our File No. 12175-00152
THE FIItST LIBERTY INSURANCE
CORPORATION,
Plaintiff
v.
WILLIAM CUMINGS, DEBORAH
CUMINGS and ANDREW C. CUMINGS,
a minor, through his parents and natural
guardians WILLIAM AND DEBORAH
CUMINGS, KRISTOFFER N. LUND,
a minor, through his parents and natural
guardians, ALEXANDRA G.
McLANAHAN, a minor, through her
parents and natural guardians,
CALLIE McKEON, a minor, through her
parents and natural guardians,
ROBERT RODAK, a minor, through his
parents and natural guardians, AND
TIMOTHY H. ADAMS, a minor, through
his parents and natural guardians,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-57
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as DISCONTINUED as to all defendants,
without prejudice.
MARSHALL DENNEHEY WARNER
COLEM OGGIN
By:
Christo er M. Reeser, Esquire
Attorney for Plaintiff
ID# 73672
4200 Crums Mill Road, Suite B
Hamsburg, PA 17112
717-651-3509
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Marshall Dennehey Warner Coleman &Goggin
By: Christopher M. Reeser, Esquire
ID# 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 12175-00152
Attorney for Defendant
THE FIRST LIBERTY INSURANCE
CORPORATION,
Plaintiff
v.
WILLIAM CUMINGS, DEBORAH
CUMINGS and ANDREW C. CUMINGS,
a minor, through his parents and natural
guardians WILLIAM AND DEBORAH
CUMINGS, KRISTOFFER N. LUND,
a minor, through his parents and natural
guardians, ALEXANDRA G.
McLANAHAN, a minor, through her
parents and natural guardians,
CALLIE McKEON, a minor, through her
parents and natural guardians,
ROBERT RODAK, a minor, through his
parents and natural guardians, AND
TIMOTHY H. ADAMS, a minor, through
his parents and natural guardians,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-57
CERTIFICATE OF SERVICE
I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman &Goggin,
do hereby certify that on May 29, 2007, I served a copy of Praecipe to Discontinue without
Prejudice via First Class United States mail, postage prepaid as follows:
James G. Nealon, III, Esquire
Nealon Gover & Perry
2411 North Front Street
Harrisburg, PA 17110
Attorney for Defendants Comings
Kristoffer N. Lund
2300 Lincoln Street
Camp Hill, PA 17011
Defendant
Robert Rodak
25 North 19th Street
Camp Hill, PA 17011
Defendant
Hubert X. Gilroy, Esquire
Martson Law Offices
10 East High Stret
Carlisle, PA 17013
Attorney for Defendant Callie McKeon
Alexandra G. McLanahan
343 North 25th Street
Camp Hill, PA 17011
Defendant
Timothy H. Adams
27 North 23rd Street
Camp Hill, PA 17011
Defendant
Christopher M. Reeser
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