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Home My WebLink About94-04282 d " , , f r i a I J, I ,I il , , " " I, , " -I I ,I ~ ~ e: , , " " ~ " " " " , , " " ~ 00 ~ :r , , ' " ., 1. Plai.,Uff is Donegal Mutual Insuranoe Co., an insuranoe company duly authorized to issue insuranoe polioies in the Commonwealth of Pennsylvania. 2. Defendant is corporation with a place Cumberland, PA 11070-0129. pennco Truckinq, Inc., a of business at 518 Bridge Pennsylvania street, New 3. Plaintiff, at the request of Defendant, or Defendant's authorized agent, issued a Worker's compensation and Employer's Liability policy naming Defendant as the insured. A true and correct oopy of the policy is attached hereto, incorporated herein and marked Exhibit "A". 4. The total annual estimated earned premium for the insurance year set out in the policy was $2,294.00" In accordance with the rules, rates and classifications of the Pennsylvania Worker's Compensation Bureau (PWCB) and the premium endorsement, the estimated premium is subject to increase or decrease in accordance with the actual payroll figures established by the insured but not available at time of policy issuance. 5. Plaintiff was permitted to audit the true and correct books and reoords of the Defendant, " J , . ...-..~~> IK)NEGAI. MUTUAl. INSURANO; COMI'ANY WORKERS COMI'ENSA'I'ION AUUI'I'INVOICI'; LU-181 3/"1 The ellhnalCd premium on the pull.')' II hereby DdJUltoo In ""olll with lhe Dudh fill Ihe period IndkDltd, POLlCY PERIOD PROM , 'J-' )-9' ,____,_ 'JU ___...J:10-9L.r.ANJ;"".-_,___... ASSUMW DATI! UNITS -PRllMJUM- COI)I! H!'FEenVI! RATl! I'AYROLL, .I!~RNI!.!L- 951 $ 1.13 $2'1,792,OU $ 2BU.00 953 $ ,59 $112,B06,UO $ 666.00 911 $ 8,53 $ 7,B06.00 $ 666,00 811 $18.'4 $ 20,608.00 $3,738,00 __!>I!SCRIPTION SALESMEN CLERICAL APARTMENT HOUSE-OPERATED BY OWNER TRUCKMAN HOC I, PREM. OI~C, -$ 38.00 EC $ 50,00 .-...- EARNI!I> PRI!MIUM $5 370,00 ______________ ___.1..: LESS DEPOSIT PREMIUM _ ,_._ ...fu520.00 'lurAL IlALANCE DUE: [! INSURED 0 COMPANY 5-1...150.00.._ Addltlunul Premiums due Company ure payuble upun receipt of this premium adjustment en"ursemenl. Relurn I'remluml due Insured are payable provided the Esthnatcd Deposit Premiums lire pili" In full. Thll premium udju9Iment i, IlII the polk)' period Indicated IInd forml a parI of 1\,\1.)' Number ~~000B509___ IlIued 10: PENNeo TRUCK INC. INC Adj. computed ul _.__M^RIETT~I PA NEW CUI~OEHLAND I NSUHANCE ACENCY Date _ 10-1-93 000"661 Agenl ---------_._-_..------~._-----_.. (AUTflORIZFrl Rf:PRf:SF.NTMIVE) ;J; - IE ... "I eM ....... ~~~~ -.., >; ,. ~.. ~... ~.~- .It hI I:. ~ ~ I).r' 'or I~:' ,V:l , ,; I ,.' , ' I' ;) C:l, ~ VI I ' 1'-1) () -:::>'0 ...::.t- "- ~ .....::::::r--. 0') v:> '"' "I ....s - , , ,'/I ,:) ") ~ j '~ ....,.. ~~~ ........ .... ,,~ C) .' r:s) ~ - '. 'n " , endorsement, attached as Exhibit 11)\11 to plaintiff's complaint, is not aocurate or true. 7. Denied. Plaintiff's Exhibit ")\" is not accurate or oomplete. Such document does not reflect all credits to which Defendant is entitled. 8. Denied. Defendant is not indebted to the plaintiff in any amount. 9. Defendant admits that Plaintiff has made demands upon Defendant, but denies that Defendant owes Plaintiff any sum whatsoever. WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Complaint and to enter jUdgment in favor of Defendant, together with costs of suit. NEW MATTER 10. Defendant originally purchased from Plaintiff a workmen's oompensation policy which provided coverage to three classifications of employees, sales personnel, clerical personnel, and apartment house maintenance personnel. )\ttaohed hereto and marked as Exhibit ")\" is a copy of the information page attached to the policy of insurance. 11. After the term of the initial policy of insurance, Defendant renewed the policy and, during the term of the renewal policy, addod a fourth olassification of employees, auto repair shop personnel. Attaohed hereto and marked as Exhibit "B" is the information sheet for the polioy after those ohanges. 12. Plaintiff subsequently conducted an audit of the polioies and, during that audit, unilaterally and without the consent of Defendant, changed the olassification of Defendant's auto repair shop personnEll to "truckman, NOe" personnel. Attached hereto and marked as Exhibit "e" is a copy of the "Audit Information Page" issued by Plaintiff showing that change. 13. Defendant, at no time during the existenoe of the policies which are at issue in this case, employed truckmen or personnel working in that workmen's compensation classifioation. 14. Plaintiff's unilateral ohange of Defendant's polioy of workmen's compensation is in violation of that policy. The great increase in Defendant's insurance premium caused by Plaintiff's unilateral and wrongful act was in further breach of that policy. 15. Plaintiff, by its own conduct, violated the policy of insurance existing between the parties, caused Defendant significant financial harm, inconVlmience, al\d embarrassment, and, as a result, Plaintiff is not entitled to recover any further payment for such pOlicy. DONEGAL e~ MARIET,/'. PENNSYLVANIA '''501 ,',),0.' INSURl-:OS COPY 08/08 Ol-OB WORKERS COMPENSATION POLICY RENEWAL INFORMATION PAGE EFFECTIVE 09/13/90 17070 516 BRIDGE STREET POBOX 310 NEW CUMBERLAND PA TELEPHONE 717/774-7481 017070 PENNCO TRUCKING, INC. P.O. BOX 129 NEW CUMBERLAND, PA - WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY - INFORMATION PAGE .................................................................~*............ I. THE INSURED/MAILING ADDRESS IS: AS ABOVE THE ENTITY OF INSURED IS: CORPORATION OTHER WORKPLACES NOT SHOWN ABOVE: 6TH & WATER STS., NEW CUMBERLAND, PA 17070 2. POLICY PERIOD IS EFFECTIVE STANDARD TIME, AT THE INSURED'S MAILING ADDRESS. ..................................*........................................*... 3. COVERAGE: A. WORKERS COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIER TO THE WORKERS COMPENSATION LAW Of' THE STATES LISTED HERE: PENNSYLVANIA B. EMPLOYERS LIABILITY INSURANCE: PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3A. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE: BODILY INJURY BY ACCIDENT BODILY INJURY BY DISEASE BODILY INJURY BY DISEASE $ 100,000 $ 500,000 $ 100,000 EACH ACCIDENT POLICY LIMIT EACH EMPLOYEE C. OTHER STATES INSURANCE: PART THREE OF THE POLICY APPLIES TO THE STATES, IF ANY, LISTED HERE: ALL STATES EXCEPT NEVADA, NORTH DAKOTA, OHIO, WASHINGTON, WEST VIRGINIA, WYOMING. D. THIS POLICY INCLUDES THESE ENDORSEMENTS AND SCHEDULES: WC 000000(04/84), WC 370601(04/84), WC 370602(04/84), WC 370603(12/87) ...............*.*..............*............................................*. POLICY ISSUED AT MARIETTA, PA CARRIER CODE 15636 PL.2 19,881 od~~ President ,., II '......~. ~._ ,., l.....:....,.I, , ., '.' .., l)l'll'rld,lnl " f .1111)11 DONEGAL (Jo.HIfUU1.tu MI\RIETT 1\. I'ENN~YLV^NII\ , /501 ,',OJ!)" I NSlJlHmS ((WY 10/21 02 -DB WORKERS COMPENSATION POLICY MULTIPLE CHANGES AMENDED INfORMATION PAGE EFFECTIVE 09/13/91 SUPERSEOES ANY PREVIOUS DECLARATION BEARING THE ~AME NUMBER FOR THIS POLICY PERIOD I I I 17070 516 BRIDGE STREET POBOX 310 NEW CUMBERLAND PA TELEPHONE 717/774-7481 017070 PENNCO TRUCKING, INC. POBOX 129 NEW CUMBERLAND PA - WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY - INFORMATION PAGE ............................................................................... 1. THE INSURED/MAILING ADDRESS IS: AS ABOVE THE ENTITY Of INSURED IS: CORPORATION OTHER WORKPLACES NOT SHOWN ABOVE: 6TH & WATER STS., NEW CUMBERLAND, PA 17070 2, POLICY PERIOD IS EFFECTIVE STANDARD TIME, AT THE INSURED'S MAILING ADDRESS. .***********..*****.*.*.*.*.******.*****.*....****.****.*.*.**.*.*.*....*.***.* 3, COVERAGE: A. WORKERS COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LISTED HERE: PENNSYLVANIA B, EMPLOYERS LIABILITY INSURANCE: PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3A. THE LIMITS OF OUR I,IABILITY UNDER PART TWO ARE: BODILY INJURY BY ACCIDENT BODILY INJURY BY DISEASE BODILY INJURY BY DISEASE $ 100,000 $ 500,000 $ 100,000 EACH ACCIDENT POLICY LIMIT EACH EMPLOYEE C. OTHER STATES INSURANCE: PART THREE Of THE POLICY APPLIES TO THE STATES, IF ANY, LISTED HERE: ALL STATES EXCEPT NEVADA, NORTH DAKOTA, OHIO, WASHINGTON, WEST VIRGINIA, WYOMING. D. THIS POLICY INCLUDES THESE ENDORSEMENTS AND SCHEDULES: WC 000000(04/84), WC 370601(04/84), WC 370602(04/84), WC 370603(12/87) WC 000406(04/84) *****************...*.*************..***.*.***..*****.*.*...********...*******. POLICY ISSUED AT MARIETTA, PA CARRIER CODE 15636 WC 000406 ADDED~ CODE 815 ADDED; PREMIUMS AMENDED; ADD, PREM. -$2,573.00 od~~ P'oS'do'\I DONEGAL e~ MARIETTA. PENNSYLVANII\ IlBoliO.10J IN:,um:mi (',)["1 10/21 02-DB - COWI'I NUED W.C. INfORMATION PAGE MUL'rI PLE CHANGES AMENDED INFORMATION PAGE EFFECTIVE 09/13/91 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME NUMBER FOR THIS POLICY PERIOD , I PENN CO TRUCKING, iNC. POBOX 129 NEW CUMBERLAND PA 516 BRIDGE STREET POBOX 310 NEW CUMBERLAND PA TELEPHONE 717/774-7481 17070 017070 4. PREMIUM: THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUALS OF RULES, CLASSIFICATIONS, RATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIfICATION AND CHANGE BY AUDIT, ***********************************************~******************************* CLASSIFICATIONS CODE PREMIUM BASIS RATES NO. TOTAL ESTIMATED ANNUAL REMUNERATION ESTIMATED ANNUAL PREMIUM SALES CLERICAL 951 ------------------------------------------------------------------------------- $ 339.00 953 971 $ 30,000, $300,000. $ 18,000, 1.13 ,59 8,53 APARTMENT HOUSE - OPERATED BY OWNER AUTO REPAIR SHOP 815 $ 50,000. 5,81 1,770.00 1,535.00 2,905.00 EXPERIENCE RATING MODIFICATION FACTOR. , (989B) PREMIUM DISCOUNT . . . . . . . . . .(0063) - 169.00 LOSS CONSTANT. . . . . . . . . . , . . . (0032) EXPENSE CONSTANT . . . . . . , . . . . . (0900) 140.00 OTHER, . , . . . . . . . . . . . . . , . . . . ------------------------------------------------------------------------------- STANDARD PREMIUM $ 6,549.00 MINIMUM PREMIUM $ 950.00 PREMIUM ADJUSTMENT PERIOD: ANNUAL X 1 SEMIANNUAL RENEWAL OF: DMH/JLB TOTAL ESTIMATED DEPOSIT PREMIUM QUARTERLY ; MONTHLY $ 6,520.00 $ 6,520,00 Pl.219/881 A~ro~ Pre5ldenl . . .DONEGAL e~ M.ARIE~NSYLV"NIA 17547.0302 INSUR5DS COPY 02/13 01-08 . -.' * A U 0 I T I N FOR MAT ION P AGE * 17070 516 BRIDGE STREET POBOX 310 New CUMBERLAND PA TELEPHONE 717/774-7481 017070 PENNCO.TRUCKING, INC. POBOX, 129 NEW CUMBERLAND PA ******************************************************************************* CLASSIFICATIONS CODE PREMIUM RATES EARNED NO. BASIS PREMIUM SALES 951 $ 60,320. .96 $ 579. 0 CLERICAL 953 $274,466. .48 $1,317.00 APARTMENT HOUSE-OPERATED 971 $ 18,993. 8.10 $1,538.00 BY OWNER TRUCKMAN, NOC 811 $ 50,140. 17.23 $8,639.00 EXPERIENCE RATING MODIFICATION FACTOR. (9898) .962 PREMIUM DISCOUNT (0063) LOSS CONSTANT . . . . . , . . . . . . (0032) EXPENSE CONSTANT . . , . . . . . . . . (0900) OTHER. . . . . . . . . . . . . . . . . . . . $- 459.00 $- 721. 00 $ 120.00 EARNED PREMIUM LESS DEPOSIT PREMIUM I $11,013.00 $ 2,294.00 TOTA~ BALANCE DUE: COMPANY $ 8,719.00 ADDITIONAL PREMIUMS DUE COMPANY ARE PAYABLE UPON RECEIPT OF THIS PREMIUM ADJUSTMENT ENDORSEMENT. RETURN PREMIUMS DUE INSURED ARE PAYABLE PROVIDED THE ESTIMATED DEPOSIT PREMIUMS ARE PAID IN FULL. MAG A~~ Pr..,dent l1P11'IHLIIlI " I .l1illil' "e'l [. I i ~E fl J l:~~j ;:; ~J'.L ,~~ li'!~;:_lf, , 'j I r,f Ie: '! ~If- ' ;'I"!, 'It ~:I~I(~';:'( f;;iV..-~t ~ n'! (~~, , --i"~!,,.'.. ,",'nr \!t ,>);j!,I' <"J,i1'i ~" " ~r,i~ -,". (',.'0'1' !lll, n " Sf' 22 3 ~2 PH '9~ ., ,I ~j !; " I I . ~Ij' flO~ oor ",, "iIIQH: rA"''' U".VI"h~11 ^,' ,,' ' l'flllI " r ' '" ,,11 ry I. .,.11'4 ,. ;1, I , .., , , , , dJ " ,;'j " I,i.i IL,'t'q i.-' ~ I ~l .I ", ~'., "h ;I " " , " , , '1' d ., ., , 'I i'l , , 'I',) I , " ., i'l ,.." ,_ ...,'..n .,.,.~___!____~'" -."".._...-,,,,...~,,.,._' . 'fi it' r ~J~__;ft~"''''' - .._.,.........:...:"~-" " j,' .'" : ., , q' ,.~, \i' I' . ,t I ~ " ,t' ~ ,l '. ,., , '. _. " , "r, "I'll 'I" \i -., {' ~.~ " !''.--.-'-q'ld, ,'_ ,'j':'\J'/,ti;t. :/(Jl\~H~ ',:I,II','-I1'jl'l I', 'Ii ," ,,r~r'J' If -,,~l'lh ,I I " ,.~':; ;:/: , 1'_ 't '. '{.,i!~ 'I' ,,-i'ii', ';"1;:';,,1'1; ,., IJ ,.yJl'qL"., ,J-'f("-V':":' . . , J" ~ i-. ,-' .- ;;\j,n!,'~'" Uft'II\'~I~ , "'\ . '''j,llir: 'de:II,'/\;( '",!' t" !,',,; (i~ ,>\, ,il)".l<..-h,i'_lyM,I'MI! "I' ~'11- i!!!i ,t :,-' JII11 -': ,II',;' '; ;'!'t,'.,'tl: ;;;",'",,:' ,,1('! , "_1'" (;t'i;lij'-j;I'-d:-;';r~i 1!1,'i:,'/,:;',;Ul,'_>,::':;::/tl I if I ;; l, 1'J' ~-"f.~:r !",f '_ "I ',I" "";~'1 ,! :~S',~:,;' th'".\,\iH, ':'.'\'., 1'1"'1\ l,'-.I',,'\',III/';11;,,";' 'f I'r', \;',i \l,,~y!lIJ~'; ,/;_f-'t't"jl;tTi I d ,!"Ipi." ; '!.\,\'}{,,\,; "if "I.t";rr''!;,, I; i" ~ Ij:\' ",,::'; ,j ( /,\",-1 ;;ii-il'i/ :':':;!/il '-.HI <I hl'( ',"-;:~;l , ' 'I 1'1 "t ,,\::~ "i '"",..l_ ,:,.{1~:';1:';:-:j": ;-;:'/:1':":;' ,:'...'11;' 'Ih,'.-!' :1' " '! : ,. ': 'j;; ~I '''" ;t;{ \. ~ I '~ , I Ii' '1,1':1 ,. ")" " 13. Denied. The classifications were reaaonable and were done as required by the Pennsylvania Worker'S compensation Bureau (PWCB) and the premium endorsement, If Defendant has a complaint with the audit, said complaint must be taken up first with the administrative agency which is responsible for the classifications, to wit, the Pennsylvania Worker's compensation Bureau (PWCB). 14. Denied. The changes made were as directed and in accordance with the requirements of the Pennsylvania Worker's Compensation Bureau (PWCB) and the premium endorsement. If Defendant has a complaint with the audit, said complaint must be taken up first with the administrative agency which is responsible for the classifications, to wit, the Pennsylvania Worker's compensation Bureau (PWCB). 15. Denied. No harm has come to Defendant as by virtue of the foregoing, as the changes made were as directed and in accordance with the requirements of the pennsyl van ia Worker's Compensat ion Bureau (PWCB) and the premium endorsement. If Defendant has a complaint with the audit, said complaint must be taken up first with the administrative agency which is responsible for the classifications, to wit, the Pennsylvania Worker's compensation Bureau (PWCB), WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant the sum of $11,995,60 1992 and costs. wit i1terest~t 6% from February ( M;R 0;7t";~;~.c. AMES W. ADELMAN, ESQUIRE 'Attorneys For Plaintiff 10, , . i ~'EI' ,:,1 ,'. 3 Ij~ PH '9~ IJln t I J"'- "~I ,iI' i\i' rly , , . ' ., I y " i r . ~ ,~ \1 ~<0'~" ~ ~'...~ ~ ~ ~ ~ ~""",'~ ~,~ ~. " , " , , I 'l'.'~ ." _I, f1 ~ 1 dl'c,'''-'. ;i , 'I I' " " - _. ., "t"r !:.'r) .. ,., =>l:: ., . /P ,., ;1 (''>) ':i-:') 1';-.1 fb V, IfI " :t. r. <: ~ ~ ~ I" < < ~ ~ r.ll '" ;, ... ~ ~ ~ f -< - \l- ~" ~. ~ ,,~ ~ ~ iJ;" 0 ~ <: III I" . Il. ;... 0 Iii ;f . ~ ~ ;" IfI <. ,. Ii.I ~ 0 ~ ~ ~ :t. g ~ 3 !: . , } ! , , " , , . .. . " ~ . vs, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW NO. 94-4383 CIVIL TERK DONBGAL MUTUAL INBURANCB CO" Plaintiff PENNCO TRUCKING, INC" I Defendant UBPONSB 'rn,.UOUllS'fS FOR ADHISSIOH AND NOW co.es the above-named Defendant, by its attorneys, Andes, Vaughn' Bangs. I and Makes the fOllowing Response to Plaintiff's Requests for Admission: 1. AdMitted. 3, Denied as stated. Pennco Trucking, Inc" is a corporation authorized to conduct business in Pennsylvania which Maintains offices for the conduct of that business in Pennsylvania. 3. It is adMitted that Plaintiff issued a policy of worker's cOMpensation and .mployer's liability inaurance to Defendant which was effective 13 SepteMber 1990 for a one year periOd and which was issued SOlO time in August or September of 1990. Defendant requested that pOlicy through Plaintiff's agency in New CUMberland, Pennsylvania. It is further admitted, some time in August or Septembor of 1991, ! Plaintiff renewed that policy and issued a new policy for the same type of insurance to Defendant. 4, Defendant paid the deposit pre.iuMs required by Plaintiff at the time these ,policiell were issued. Defendant does not know what Plaintiff .eans by a "total , esU...ted earned premiUM" because that phrase does not appear anywhere in the docu.ents ,Defendant has relating to these policieR of insurance. I, ., 1 II I '. &. Denied. The policy, at lealt the copy which Plaintiff provided to Defendant, doel not delcribe Defendant'l bUlinell. Defendant believee that Plaintiff doee not Iknow the exact nature of Defendant's bueinese and that any dOCUMente Plaintiff May have say incorrectly delcribe Defendant's bueineee. 6. AdMi tted. 7. It ie adMitted that, following the audit, Plaintiff subMitted a bill or claiM for additional preMiuM which the Plaintiff claimed wae based upon that audit. It ie denied, however, that the audit was accurate or cOMplete or that the audit correctly calculated the additional preaiua al reflected in Plaintiff'e cOMplaint or in any of Plaintiff's recorde. 8, AdMitted. Defendant, howover, deniee that it has any responeibility to pay the additional premiua requosted by Plaintiff becauso such pr.eMiua is incorrectly calculated as a reault of Plaintiff's own orrors, 9. Defendant adsits that it has not producod certificates of ineurance for lubcontractorl. However, Defendant denies that Plaintiff is entitled to euch certificatee of insurance or that Plaintiff has, at any tiMe, requeeted the.. Defendant deniee that it "e.ploys" subcontractors 01' that it subcontracts any of ita work to other entitiee, 10, Denied. Defendant does not "eubcontract" any of its work with lubcontractors. Defendant leaees trucke and trucking equipMent and contracte with another coapany to provide drivers, but it doee not eubcontract all or any part of itl 11. Denied for the reaeons set out in Paragraph 10 above, 2 NOV 0 1 199\~c/ MORRIS' ADELMAN, P.C. BYI JAMES W. ADELMAN, ESQUIRE ATTORNEV FOR PLAINTIFF IDENTIFICATION 102604 PO BOX 30477 Donegal Mutual Insurance Co. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 nonegal Mutual Insurance Co. 1195 River Road Marietta, PA 17547-0302 COURT OF COMMON PLEAS CUMBERLAND COUNT V CIVIL DIVISION vs. Pennoo Trucking, Inc. 518 Bridge Street New Cumberland, PA 17070-0129 NO. 94-4282 CV TERM ORDER OF COURT ABD NOW, to wit, this day of , 19_, Pursuant to Plaintiff's Motion, Defendant is ordered to produce the following documents for audit the following books and reoords to Plaintiff'S auditor to audit by 1. Any and all payroll records, disbursement and receipt ledgers, for spedf ied in the insurance policy, as policy. including oash the polioy year required by the 2. Any and all Pennsylvania Workmen's compensation Quarterly Returns (UC2's) for the policy year specified in the insurance policy, 3. Any and all Federal Corporate Income Tax Quarterly and Annual Returns for the policy year specified in the insurance polioy. 4. Any and all correspondence between the insured and its produoer regarding the insurance policy described in Plaintiff's Complaint. 5. Any and all correspondence between the insured and its aooountant regarding the insurance policy described in Plaintiff's Complaint. 6. Any and all certificates of Insurance for the subcontractors employed by Defendant in its business. ~I' . ADELMAN, P.C. Ifl 3.... W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDlMfJrJCATION 102604 P.O. 80x 30477 Donegal Mutual Insurance Co. Phila4elphia, Pennsylvania 19103-8477 (2115) 1568-15621 Donegal Mutual Insuranoe Co. 11915 River Road Marietta, PA 17547-0302 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION VS. pennco Trucking, Ino. 1518 Bridge street New cumberland, PA 17070-0129 NO. 94-4282 CV TERM MQTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS The Plaintiff, by its counsel moves the Court to compel the Defendant to respond to discovery under Pa. R.C.P. No.4019(a) (1) (i) and (vii) for the fOllowing reasons: 1. On or about September 1, 1994, the Plaintiff, pursuant to Pa. R.C.P. No,4005, served an original and two (2) copies of written Interrogatories upon Defendant which were received on September 6, 1994. 2. On or about September 1, 1994, the Plaintiff, pursuant to Pa. R.C.P. No.4009, served a Request for Production of Documents in accordanoe with the RUles which were received on September 6, 1994. 3. Thereafter, counsel contacted counsel for the defendant in writing as per the attached true and correct copy of letter inoorporated horein and marked as Exhibit "B" in an effort to resolve the matter. MORRIS & ADELMAN, P,C, BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 Post Office Box 30477 Donegal Mutual Insurance Co. philadelphia, Pennsylvania 19103-B477 (2115) !56B-!5621 vs. t COURT OF COMMON PLEAS t CUMBERLAND COUNTY : CIVIL DIVISION t t : t t : NO. 94-42B2 CV TERM Donegal Mutual Insurance Co, 11915 River Road Marietta, PA 17547-0302 psnnoo Trucking, Inc. !51B Bridge Street New Cumberland, PA 17070-0129 PLAINTIFF'S INTERROGATORIES TO DEFENDANT Plaintiff hereby makes demand that Defendant(s) answer the following Interrogatories, separately, fully, in writing and under oath, within thirty (30) days from service hereof, pursuant to Pa. R.C.P No. 4005. Defendant (s) is further notif ied that each of the following interrogatories and document production requests is deemed continuing so as to require supplement responses if Defendant(s) should obtain further information pertinent thereto between the time the answers are . served and the time of trial. DEFINITIONS AND INSTRUCTIONS The term "Person" means any natural person, corporation, association, firm, partnerShip, trust or other business or legal entity. EXHIBIT . . \\ A II "Plaintiff (s)" or "Oefendant(s)" means the above named parties and includes their officers, directors, employees and/or agents. Plaintiff includes not only the above named plaintiff but all persons who assigned claims to Plaintiff which resulted in this action, Unless specifically designated, the singular means the plural and the masculine the feminine. "Document" means any writing or record of any type or description inclUding, but not limited to, agreements, correspondence, letters, telegrams, inter-of f ice communications, memoranda, reports,. records, instructions, notes, notebooks, scrapbooks, diaries, minutes, minutes of meetings, photographs, photocopies, charts, graphs, descriptions, invoices, purchase orders, bills of lading, recordings, publications, transcripts of telephone conversations, and any other retrievable data (whether encarded, taped or coded electrostatically, electromagnetically or otherwise) - in the possession, custody or control of Answering Party or known to it, wherever located, however produced, whether an original or II copy (inClUding but not limited to, carbon, handwritten, typewritten, microfilm, photostatic, xerographic copies), and including any non-identical copy (whether d~fferent from the original because of any alterations, notes, comments or otherwise) , together with any attachment thereto or enclosure therewith. "Evidence" means anything other than a document that tends to prove or disprove a fact. "Exhibit" or "said exhibits" means the exhibits attached to the Complaint. -2- "Identity" means, when used in reference tOI (a) a natural person referred to herein as "individual" . his or her: (1) full namei (2) present home address (including street name and nurnher, city or town, and statei it present address is unknown, so state and state last known address and date when believed to be accurate) i (3) present business address (including street name and number, city or town, and state; if present address is unknown, so state and state last known address and date when believed to be accurate) i (4) present position, business attiliation and job description (if the present position, business affiliation, and job description are unknown, so state and set forth the corresponding last known such information and date when believed to be accurate) i (5) position, business affiliation, and job description at the time in question, with respect to the interrogatory or other request i~volvedi (b) a company, corporation, association, partnership or other legal entity not a natural person referred t~ herein as "non-individual" - its: (1) full name including any fictitious names used or registered; (2) address of principal place of businessi (3) description ot type of entitYi (4) it an entity is acting by one of its officers, directors, -3- .. employees or agents, the identity of said natural person so Acting on its behalf; (c) A Document: (1) its description (e.g., letter, memorandum, report, invoice, etc.) ; (2) its title and date, and the number of pages thereof; (3) its subject matterl (4) its author's identity; (5) its addressee's identity; (6) the identity of each person who received copies; (7) its present location and its custodian's identity (if any such Document was, but is no longer, in the possession of or subject to control of Answering Party, describe the disposition that was made of it and when said disposition was made) ; (8) whenever an interroqatorv calls for the Answerinq partv to identifv a document that oartv maY. in lieu of so identifvina. attach a coov of that document marked with the ~oorooriate number of the interroaatorv. In any case where attorney-client privilege, any oth,r privilege, or work product exception is claimed in response to an interrogatory or a motion for the production of documents, identify the document nonetheless, state the nature of the communication and whether the claim is for all or only part of the document and, if part, state which part, and the nature of the claim. (d) oral statements and communications means: (1) the date and place they were made; -4- MORRIS' ADELMAN, P.C. BYI JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION 102604 P.O. Box 30477 Donegal Mutual Insurance Co. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 vs. I COURT OF COMMON PLEAS I CUMBERLAND COUNTY I CIVIL DIVISION I I I I I I I NO. 94-4282 CV TERM Donegal Mutual Insurance Co. 1195 River Road Marietta, PA 17547-0302 pennoo Truoking, Ino. 518 Bridge Street New Cumberland, PA 17070-0129 M.tM9RANDUM OF LAW ARGUMENT I Pennsylvania Rules of civil Procedure 4005 and 4006, 42 Pa. C.S.A., provide that any party may serve Interrogatories upon any other party to the aotion. These rules require that the original and two oopies of the Interrogatories are to be served upon the party, and that the answering part must supply full and complete answers within thirty (30) days. These rules further provide that objections must be filed within ten (10) days. In the instant case, Interrogatories were served more than thirty (30) days ago, and to date, neither answers nor objections to any or all of the Interrogatories have been filed. Pa. R.C.P. 4019(a) (l)(i) provides that this Court may make an appropriate order if a party fails to serve answers, sufficient answers or objections to written Interrogatories. Rule 4019(c) enumerates the powers granted to the Court in fashioning a remedy for failure to fileanswers or objections, and empowers this Court to grant a judgment by default, Pa. 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