Loading...
HomeMy WebLinkAbout95-03966 '1 I ~I 3 \ , . -? ~ 3 I ( ~ J '"' ...::J a- (Y) . , \b < ..... Vl~ <> UJ...J ...J>- c..Vl ;Z;Z O;Z ~~ o -3 Q U>-< ~ U-~..J Z O::J I < o :E .......UZ ~ gsC~ 0;Z1- ;;! U<U ...... UJ~< ~ :J:UJ...J t- .......CC- >- Z~> .0:: _UU~~ U"> ?' -,- 0.: In ..... ,'") r ::, -. ." . .J \ '0 .__, I ~ '-.J'} ., , ,~ \ \:!-~ ~ '"\"""'" ...,j 10' \Y> .....!.~ '-i' ~I '~ :B .) '-;2 ~ ~ qt) ,,~ 1. ~ .J V~~C' '- ' -, - '+- '+- .~ +-> c +-> c '" "C C .e CIJ Q ~\ :;: o u ~\E~ Ulffi~~ ~ ~ ~ i ~ l!:! ii: 0 Z \ III 15a:e:~ ,;, ~.i=g ~ ~O~~ ~ !Zffi C "t"'I~ ZOa: C~~ .~ '" ~ c.. a:: UJ '" ;;! 3 . a:: UJ '" ...J < 3 . a:: < Vl Vl ..... ul :E . > . 3 >- a:: a:: UJ r:> . caused by a deer and not by his negligence. On the issue of damages, Defendant maintains that plaintiff Kenneth D. pifer was bound by the limited tort option on his automobile insurance pOlicy, and that his injury (a ruptured biceps tendon) was not serious, so that non-economic losses are not recoverable. In the case of plaintiff Melissa R. WalKer, the same issue does not exist, because she had elected the full tort option. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have four peremptory challenges, for a total of eight. The trial is estimated to be of a duration of two days. In the event that any deposition testimony to be utilized at trial will require rulings by the Court on evidentiary issues, counsel are directed to supply a copy of the transcript in question to the Court at least five days prior to commencement of the trial term, with the areas of objection still being pursued highlighted and with brief memoranda in support of their respective positions. counsel are also directed to furnish to the Court preliminary proposed jury instructions and a preliminary proposed verdict slip with respect to the issue of the damages of plaintiff Kenneth D. Pifer in connection with the limited tort option issue. With respect to settlement negotiations, plaintiff in the case of pifer v. Walker has demanded $32,500.00, and Defendant has offered $6000.00; in the case of e. U) n 0' -'"I ...:[:J ;- I o)r,; ::~j j:'J ',". -I f:~L" C.) ';''J ,;,) ill.. ':":-. . -., ~');!-I :.... ~ "j :f I t~ - f', ',-\ ) :,'; t" '!? ;,,11' >:,; ~:1 ,- 'J ,:;. :j,! -. -... v. 119 , 120 OLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN TRESPASS (M.V.) /95-3966 CIVIL TERM MELISSA R. WALKER, plaintiff JERRY W. WALKER, Defendant KENNETH D. PIFER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. CIVIL ACTION - LAW IN TRESPASS (M.V.) JERRY W. WALKER, Defendant 95-3968 CIVIL TERM ----------------------------- ORDER OF COURT AND NOW, this 28th day of August, 1996, upon consideration of the oral motion for consolidation of the cases at No. 95-3968 CIVIL TERM and No. 95-3966 CIVIL TERM made on behalf of the Defendant in those cases at a pretrial conference on this date, and over the objection of the Plaintiffs' counsel, the motion is granted, and the cases are consolidated for purposes of trial. J RICHARD A. SADLOCK, ESQUIRE For the plaintiffs LAURALEE B. BAKER-STARR, ESQUIRE STEPHEN L. BANKO, JR., ESQUIRE For the Defendant Court Administrator wcy t f.1 U"> 0 (.P .\ ....... .". 1 .,.,i'u ,- *0 tY)IY", :fi . \ i ~ e)~. t:~ 0) ___If' '~CJ (..1.... .::> ' )1 t-'~(.~ H;,(1 ~~: ""'\ ~~ ~'. ....., .,,\.i I :C:") ,';(') \.,' .-.)1\' , '~\-. t.: ., ';:,:~ ~ - ',)1 -. 0 -:. MELISSA R. WALKER, plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . . . : CIVIL ACTION - LAW . . v. : NO. JERRY W. WALKER, . . : Defendant : JURY TRIAL DEMANDED HOTICI~ Le han demand ado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuienteB, usted tiene viente (20) dias de plazo al partir de la fecha de 1a demanda Y la notificacion. usted debe presentar una apariencia escrita 0 en persona 0 por abogado Y archivar en la corte en forma escrita BUS defensas 0 sus objociones alas demBndas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas Y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 SUB propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAHE POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. court Administrator cumberland county courthouse - 4th Floor One courthouse square carlisle, PA 17013-3387 (717) 240-6200 MELISSA R. WALKER, plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW NO. JERRY W. WALKER, JURY TRIAL DEMANDED Defendant POKPLAINT 1. plaintiff Melissa R. WalKer is an adult individual, citizen of the commonwealth of pennsylvania, who resides at R.D. 13, BoX 111C, Shelocta, Indiana county, pennsylvania. 2. plaintiff Jerry W. Walker is an adult individual, citizen of the commonwealth of pennsylvania, who resides at 449 Hunters Road, Newville, cumberland county, pennsylvania. 3. The facts and occurrences hereinafter related took place on or about september 24, 1994, at approximatelY 11:10 a.m., on SR 641 _ Newville Road, west pennsboro Township, cumberland county. 4. At that time and place, Defendant Jerry R. WalKer was operating a 1979 Ford F-250 piCK-UP trucK and was travelling eaet on SR 641, West pennsboro Township, cumberland county. 5. At that time and place, plaintiff Melissa R. WalKer va. a passenger in a vehicle being driven by Defendant Jerry R. walker. 6. At that time and place, Defendant Jerry R. Walker observed a deer on the left side of the roadway. 72124/CLN ~ 7. At that time and place, Defendant overreacted to the presence of the deer, operated his vehicle at a high rate of speed, unnecessarily swerved to avoid the deer, lost control of his vehicle and struck a telephone pole on the right berm of the roadway. 8. At that time and place, a violent collision occurred between the left portion of the Ford trucK and the telephone pole. 9. The foregoing accident and all of the injuries and damages sustained by Plaintiff Melissa R. Walker set forth hereinafter, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Jerry R. Walker operated the 1979 Ford F-150 truck as follows: (a) failure to have the vehicle under such control a. to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch on the highway; (c) failure to stay within his lane of travel; (d) failure to apply his brakes in sufficient time to avoid colliding with the deer and telephone pole; (e) failure to keep proper and adequate control over his vehicle; (f) failure to travel at a safe speed; (g) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was aware or should have been aware; 2 (h) failure to take reasonable evasive action to avoid the accident; and driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. As a result of the aforementioned accident, Plaintiff (i) 10. Melissa R. Walker sustained painful and severe injuries, including but are not limited to, a sprained left shoulder, cervical sprain, and thoracic outlet syndrome. 11. By reason of the aforementioned injuries sustained by Plaintiff Melissa R. Walker, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Melissa R. Walker has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Melissa R. Walker has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 3 \ 14. As a result of the aforementioned injuries, Plaintiff Melissa R. WalKer has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Melissa R. Walker has sustained worK loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Melissa R. Walker has sustained uncompensated work loss, and claim is made therefor. 17. Plaintiff Melissa R. WalKer continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Melissa R. Walker demands jUdgment against Defendant Jerry R. Walker in an amount in excess of Twenty- Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER.-ll>, . Date: July 25, 1995 R d-A. Sadlock, Esqu re .Il:" No. 47281 4503 North Front Straet Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MELISSA R. WALKER, plaintiff No. 3966 Civil 1995 v. CIVIL ACTION - LAW JERRY W. WALKER, Defendant JURY TRIAL DEMANDED ANSWER OF DEFENDANT, MELISSA R. WALKER, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted in part and denied in part. Jerry W. Walker is apparently the Defendant in this matter. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. After Slowing his vehicle and it appearing that the fawn would retreat from the roadside, it suddenly darted into the left front corner of Defendant's vehicle. The fawn became lodged under the left front tire causing the rear of the vehicle to slide sideways striking a telephone pole on the right. 8. Admitted in part and denied in part. The characterization that the collision was "violent" is denied. 9(a) - (i). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 10. Denied. 1l. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. WHEREFORE, Defendant, Jerry W. Walker, demands judgment in his favor and against Plaintiff, Melissa R. Walker. Date:~~~/1~ REYNOLDS & HAVAS A Professional Corporation BY:~ st . Banko, Jr. Atto ey I.D. *41727 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Jerry W. Walker - 2 - n If) n ~:; (7;) ~il ,,: t_ ") -ui.:j (r.-:. [Pt-;, ('- d~ " ,:I.:':l t'.7t" f'-I" N ...~;' i I' ,...... ~ 0 " ..,., '11 ;,~t .., )- Q C1.. r",' ',1 \I #'-'. ~ .. 'I :,., -, :J, 'D -', r.\ " .. " MELISSA R. WALKER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . . :. NO. 95-3966 CIVIL TERM . JERRY W. WALKER KENNETH D. PIFER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3968 CIVIL TERM v. JERRY W. WALKER VERDICT SLIP 1. Was Defendant, Jerry W. Walker, negligent In the operation of his motor vehicle? YES NoL If your answer to Question No. 1 Is NO, please do not answer any additional questions and return to the courtroom. If your answer to Question No. 1 Is YES, proceed to Question No.2. 2. Was the negligence of Defendant, Jerry W. Walker, a substantial factor In bringing about the harm of Plaintiff, Melissa R. Walker-Pifer? YES NO If your answer to Question No. 2 is NO, please do not answer Question No.3, but proceed to question No.4. If your answer to Question No. 2 is YES, please proceed to Question No.3. 3. What amount do you find would fully compensate Plaintiff, Melissa R. Walker-Pifer, for any Injuries you find resulted from the motor vehicle accident? $ -.--....- .."-:.-.---.......; . ..' '-.- ,I Do you find that tho nogligonce of Dofondant, Jerry W. Walker, Vias a substantial factor In bringing about the hnrm to Plnintltf, Kenneth D. Pifer? yES_____ NO If your answer to Question No. 1\ is NO, ploase do not answer any more questions and return to tho courtroom. If your answor to Question No. :3 is YES, please procomlto Quostion No.5. 5. What amollnt do YOll find would fully componGnto Plaintiff, Kenneth D. Pifer, for any InjurieS YOll find msultocl from thp motor vehicle Heddent? $ G. Did the Injury, If any, sustained by Plaintiff, Kennoth D. Pifer, result in a seriolls impairment 01 body function or pennm18nt :>eriOlJS disfiyuremont? YES NO__.-_. '__'___.'~.'U'__'",'_______".~'__'__ IiI,' ' I ji, (' \ ,- -.~ 3~~-_:-i. C(," ~".~~-'_1~~ \i\~. ,,,, - ~ (ForejJersori) , ,..".,) (Date) i CORRECTION i I Previous Image Refilmed to Correct Possible Error :cIlUilFI", fi[TUEtI I;CGULtd, L:A:-d-, flU: 1 'J':~5-i.....ItJ'Jbh 1-) ,-"ltINUIJW':AI,rH fW 1":/IIl:;YLVANIA: Lilli/HI' I W cIJMHI-:I\LAI/il W,\I.hl<l\ tll-:I.J :"i~;A R vs. W,~/,hl':fi JEIIRY W :,n:VE WIllsrU:R, Sheriff or Deputy ~heriff e'f CUM8EHLANV County, Pennsylvania, who being duly sworn according tf' law, ;Jays, th... wlthin ~UflPl)~;NA AND L~:TT~:R was lJ,,,,"ved upon II[IDI':R ~:DWARD H defendilnt. at 1501<':00 HOURS. on th... 12th day ot Sept...mber ttlf:.-' l':l~16 at ,_JdlLJ.57-<-.llIG ti.f';WV_!.Ll,~;,_ PA_U::?41 :';I-'RINI3 TERRACE -- Cllunt y, rf.~nn8yJ vanla, '--- ,CUMBERLAND by hand1ng to PAULlNE HEIDER, ADUbT IN C1ihllGjL,__ -"---"-- a true "'r,d attested copy of the SUHPOI::/i.A AND U,:rn:1l and at tlw same time dlrect1ng II,,!:. attention to the contento thereof. ---~.. Shr~l'iff'E.l l.:ost.s: 1)1)("::I~l?tlng :.:;ervicp Affldavlt Surch~rgE' l/j.00 :~. 20 .00 2,00 So answers: ";2' .<" ',/" ' <'.>... " ~ ~... '~.!t"'!'.......~-'l.:.!,-""". ~~.._.,.' r ....,..,~,'....- __ ~ ._~ rr:--Th'JmaG r\Il-c\"e-;- ~ el'lff- ~'?J. 20,ICYNOLJl:3 & HAV,\:.; 0'j /13 / 1'39(. II Y ..:J;~" " lL . n , ~"-'- ;RtLL "--. "....Ll:-I"'L'__~ L'",pUey '>IIE'I'l.11 Sworn anrl ~UbD~ribed to befoJ-~ me I thlB ,;H~ , day of ..J",ti",-t.........- I 'oj --.2,,_ A. [J. , "-"~:-=71'1.I.'''''-I'(~'')I)I,<,.~...".~~,:_.___ _.., I rOt 1t'JntJLary 4. Denied. By way of amplification, Plaintiff Kenneth D. Pifer is the 2D.l:l named insured on the aforementioned General Accident insurance policy. At no time applicable hereto did Plaintiff Kenneth D. Pifer sign a tort option selection form. Therefore, pursuant to the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law, Plaintiff Kenneth D. Pifer is deemed to have the full tort option on his policy. See, 75 Pa.C.S.A. S1705(a)(3). A copy of Mr. Pifer's declaration page is attached hereto as Exhibit A. Further, attached hereto as Exhibit B is a tort option selection form signed by Mr. Pifer's ex-wife, Kathleen Pifer. The Pennsylvania Motor Vehicle Financial Responsibility Law grants no power or authority to Kathleen Pifer to sign a tort option selection form binding the named insured on the General Accident policy, Kenneth D. Pifer. 5.-7. As Plaintiff Kenneth D. Pifer has the full tort option on his policy, Defendant's averment is irrelevant to the instant proceeding. 8. It is admitted that the testimony of Plaintiff's treating physician was not taken until August 30, 1996. Further, documents were not obtained from Plaintiff's insurer, General Accident, until it responded to Plaintiff's Notice for Records Deposition on or about September 11, 1995. As evidenced by Plaintiff's Exhibits A and B herein, Plaintiff never selected the limited tort option and is therefore entitled to all rights of the full tort option. 1 9.-10. AS plaintiff Kenneth D. pifer has the full tort option on his policy, Defendant's averment is irrelevant to the instant proceeding. 11.-12. It is admitted Plaintiff previously gave deposition testimony in the instant action. However, Plaintiff has the full tort option herein and the instant Motion should be denied. 13. Admitted. 14. It is admitted that the Plaintiff had physical therapy at Keystone Rehabilitation center. 15.-16. Dr. Mira's deposition testimony speak. for itself. However, the testimony relates to the amount of damage. sustained by Plaintiff herein. Further, a. Plaintiff has the full tort option, the extent of Plaintiff'. damage. remains s jury que.tion. 17. Defendant's averment is 8 conclu.ion of law to which no responsive pleading is required. TO the extent the averment may be deemed factual, it is hereby specificallY denied. By way of amplification, Plaintiff did sustain a serious injury and permanent, serious disfigurement 88 a result of the motor vehicle accident on september 24, 1994. Further, Plaintiff has the full tort option and is therefore entitled to recover all damage. recognized by pennsylvania Law. ,,~ GENERAL ACCIOEr-'T INSURANCE ~~b .AL~UI ~I~CCI PHI' 'ljELPHU PA l'HOb-316b \,It"C""""" ''It.'-l-'LU' ll.oIW"- ,..... 'OHPANY OF AHERICA )se ."OED .LlIl.ATlON : and address of Insured Policv number RPA 3'il-bb7-~9 1 Policv nod 01/17/9~ TO 07/17/94 ARent name and address A en! code 427bb9 PIFER KENNETH 0 eOlt 1020 RDlll lANOIsaURG PA L70~0 ~ CUPP INSUIl.ANCE AGENCY SO CA"1.1 SLE ST POBOX 309 NEW BLOOHFIE:LD PA 170b3 :Is IS POLICY CO~E~5 THE YE All. nAOE NAI'\E -I. Z 88 TOYT FOLLOwING ,"OOEL SHORT llEO VEHIClESI VEHICLE I.O.NO. JT4R~b3AltJOZL650~ CLASS SYH 80<:511 II re;'R 53 SHTE 37 OIR. 81LL .Ow IS A LIST OF THE COVERAGES PROVIOEO UNDER THIS POLICY. PLEASE NOTE THAT YC' _ COVEREO ONLY wHERE A LIHIT OF LIA31LITY AND A PRE~IUH ARE SHOW~. VEH. Z ~ LIHIT PIlEM. FIRST 'ARTY BENEFITS WORK LOSS . MEDICAL, BENEFITS ~U~ER.L;.EXPE"SE'8ENEFITS ACCIDENTAL DEATH BENEFITS LUel(nY~';"" ",., .'., UNI~SUReO'MOTORISTS UNOERINSUREO MOTORISTS CAHAGE TO YOUR CAR OTHER THAN COLLISION LOSS ACTUAL.CASH'YALUE-LESS OED OF fxTENOEO TRANSPORTATION EXPENSE C.OLL1510N LOSS ACTUAL CASH VALUE-LESS Dee OF TOwING AHO LABOR OPTlON-ll5 1000/5000 / 1.00,000 1.500 EXCLUDED 147 100,000 ZZ9 5(hOOO 19 50,000 2 100 9L OPTION 01 5 500 237 T5 ) SURCHARGE OR AOUITIONAL AHOUHT CHARGED A5 A RESULT OF CHARGEA!LE ACCIDENT OR VIOLATION 111,.00 UR TOTAL POLICY PREHIUH ISI ~ITEQ TORT APPLIES Se1,7.00 .~CRE ON NEXT PA~E... .GIO 1 ., P\~S.'O Rn. 1.M "'plny Copy c../ \ ;:'/""'. P,,;..':"" ~ t\~ GENERAL ^CCIOENT J INSURANCE _~b WllNUT STREET PHI' lJELPHU U ,,,,Ob-HSO CicNt:RlL lCCIOl:~1 &N~U"'''''''' 'OMPlNY OF lMERItA ..--~----------'.- oQse T of Ii Policv number Policv nod ENOED PERSONll IlpA ,"-tob1-&" , 01/111"" TO 01/111<;4 CLAUTlOH AuTO,",O&IlE ,e and address of Insured ent name and address PIFER IC.ENNETH 0 tUPP INSURANCE lGENCY eOll 1020 RDlll SO t"RLULE ST l.lNOISBUIlCi 1''' 170..0 I' 0 eOll 30" NEW eLOOMFIELO Pol 110bS :ails l.eASE NOTE THE FOlLOwlhe; tHlhGES TO YOUIl rOlICY: _ VEHICLE , HAS BEEN OELETEO. 'OUIl tHlHGE IS EFFECTIVe 04/01/<;4 tOUR RETURM PREMIUM IS: Slq.OO 10U ~lLL RECEIVE A SEPARATE 8ILLING STATEME"T IF NECESSllY. YOUR-COVERAGE STARTS O~ 01/11/94 AT \Z,Ol A.M. i TriE fOLLowING FORM D..n ' AT toblt A19'-' Al'''e. lO)O) FORMS AND ENDORSE"ENTS AlE ALSO PART Of YOUR FOIlM . DATE FDIU' DAn FOR" DATE AOOOIA A0151 IL0910 A19,9 2Z0tO A04Z1 A1Zbl A01)1 Alb'l AlOlS 'OLltY' fORM Alb6' A0105 AO..ll DATE / T~e laSS PAYEE IS: VEH.Z etc.. OF LANOIS~UIlG PO eOll 119 LlNOIsaURG I'A110ltO THIS IS l llehEW~L OF A POLICY ORIGINALLY ISSUEQ 01/17/90 'H!: FOllOWINc. PE IU TOR 1 'E:IlATOR 2 WILL OPERATE VEHICLES IC.ENNeTH pIFel'. JOSEPH t PIHI'. COVEReo ~V TH15 oe/01l5 , Ol,/ll/lb POLICV: 5 PIP OED 8 OPT T/P. PIE OP I' , 15 SlCTION FOil CD~p"HY USE ONLY: VEri elL POL MOL COMP Cull A/I' UM UM pO ull'! PIP Ll/4 o z o 005 o7T 9 5 z ~;\\ -I::: '- CE...E~ ~l .~CCIDE'" T I...Sl'"~...'=E Jurng .CC~ i.......... Notice To Named Insureds fl, nCH) r'lE U~\Vr r\ . .- . ~ .. A. "Llmiled Tort" Option, The laws of the Commonwealth of Pennsylva,,'la give you the right to choose a form of Insurance that limits your right and the right of members of your household to seek financial compensation for Injuries caused by other drivers. Under this form of Insurance, you and other household members covered under this policy may seek recovery for all medical and other out.of,pocket expenses. but not for pain and suffering or other nonmonetary damages unless the Injuries suffered fall within the definition of "serious Injury" as set forth In the polic)'. or unless one of several other e.ceptlons noted in the poli'=)' applies. (See enclosed booklet for a descripTlo,~ of "serious Injury" and the exceptions.) Theannuat premium for basic coverage Is S 1.462.00 which reflects the coverages and amounts of coverage you have now. The annual premium for basic coveral!oe as required by law under this "limited tort" option Is 5 1,140.00. Additional coverages under this option are available at additional cost. B. If you wish to choose the "limited tort" option descibed In paralraph ^' you must slln this notice where Indlated below and retum It. If you do not slln and return thIs notice, you will be considered to haJe chosen the "full tort" coverage as descibed in paragraph C and you wiD be charJed the "full tort" premium. , wish to choose the "limited tort" option descibed In paralraph I\: {If , Sllnaturtl Une I. ~#/-'- V.' (l~ /5/q911 T Named Insu I Date I C. "full Tort" Option, The laws of the Commonwealth of Pennsylvania also live you the rilht to choose a form of Insurance under which you maintain an unrestricted rilht for you and the members of your household to s~k financial compensation for Injuries au sed by other drivers. Under this form of Insurance. you and other household members covered under this policy may seek recovery for all medial and other out.of,pocket expenses and may also seek financial compensation for pain and sufferinl and other nonmonetary damages as a result of Injuries caused by other drivers. The annual premium for basic coverage Is 5 1,462.00 which refl.ects the coverages and amounts of coverage you have now. The annual premium for basic coverage as required by law under this "full tort" option Is S 1,316.00. Additional coverages under this option are available at additional cost. D. If you wish to chMse the "full tort" option described In paragraph C. you may sfln this notice where Indicated below and retum It. However, Ii you do not sign and retum this nt'llce. you will be consld.ered to have chosen the "full tort" coverage as described In paragraph C and you will be charged the "full tort" premium. ~ ~ ~~ ~~\.... g, Signature Line 11. . ~ - ,." ~ ~ "amed Insured Date ,'~ ", \. '... \;:, E. You may contact your insurance agent. broker or company to discuss the cost of other '.'oJ "'4~ coverages. ..... q' JU", "20 "990 1.998 ;~~11 ;,90