HomeMy WebLinkAbout07-1139PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0? 38
THIS IS AN ARBITRATION MATTER
ATTORNEY FOR PLAINTIFF
AS SUBRO EE OF GARY PRICE AND
CINDY PRI E
P.O BOX 5 6
WARREND LE, PA 15086
VS.
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07 -1134
BENJAMIN J. METALLO, JR.
50 SPRINGERS LANE
NEW CUMBERLAND, PA 17070
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,
YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY
OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
CIVIL ACTION
"ISO
Le han demandado a usted an la Corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
(20) dias de plazo a partir de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la Corte sus defensas o sus objeciones a las
demandas encontra de su persona. Sea avisado qua si usted no se
defiende, la Corte tomara medidas y puede entrar una orden Contra
usted sin previo aviso o notificacion o por cualgier queja o alivio qua
espedido an la peticion de demanda. Usted puede perder dinero, sus
propiedades o otros derechos importances para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE
PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
THIS IS AN ARBITRATION MATTER
ERIE INSURANCE EXCHANGE .
AS SUBROGEE OF GARY PRICE AND
CINDY PRICE
P.O BOX 516
WARRENDALE, PA 15086
VS.
BENJAMIN J. METALLO, JR.
50 SPRINGERS LANE
NEW CUMBERLAND, PA 17070
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 61- x/39 ? --
CIVIL ACTION
NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT,
15 U.S.C. §1601 (AS AMENDED)
THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMER PROTECTION LAW,
73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS")
INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED
THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
COMPLAINT
The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire,
bring this action upon a cause whereof the following is a statement:
The Plaintiff, Erie Insurance Exchange, ("Erie") is a Corporation authorized to do
business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box
516, Warrendale, PA 15086.
Plaintiff brings this action as subrogee of Gary Price and Cindy Price, (herein the
"Insured") under a policy of insurance # Q542650163, issued by Plaintiff.
2. Defendant, Benjamin J. Metallo, Jr. is an individual residing at 50 Springer Lane,
New Cumberland PA 17070 and is the real and registered owner of premises.
3. On or about June 4, 2006 and numerous other occasions Plaintiff Insured
informed the Defendant that the tree on Defendants property that extends over the
Insured's property at 36 Springer Lane, New Cumberland PA has been dropping limbs
and damaging his property. Defendant took no action.
4. On or about June 5, 2006 the Insured noticed a tree limb from the same tree
sticking up out of the bottom of Insured's pool and had caused a hole in the pool liner.
5. Plaintiff avers that the personal property of the Insured was damaged as a result
of the occurrence hereinbefore mentioned, the reasonable cost to repair thereto being
is Eight Hundred Eighteen and 00/100 ($818.00) plus the Insured's deductible of Five
Hundred and 00/100 ($500.00) Dollars for a total of One Thousand Three Hundred
Eighteen 00/100 ($1,318.00) Dollars.
6. Defendant knew should have known and in the exercise of due care would
have known that the tree limbs would fall and cause damage to the Insured's property.
7. The said occurrence was due solely to the negligence of the Defendant,
Benjamin J. Metallo, Jr. in that after notice he:
a. carelessly and negligently failing to cut or trim the tree;
b. carelessly and negligently allowed or permitted the tree limb to damage
insured's property;
C. carelessly and negligently failed to warn Insured of hazards associated
with cutting the tree down;
d. carelessly, willingly recklessly exposed Insured's property to a risk; and
e. failing to insure that the tree would fall without damaging the Insured's
property.
WHEREFORE, Plaintiff demands judgment against the Defendant on each count
in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars
together with costs of suit.
(4,k, iQ- (F)?,
UL F. D'EMIL1O, ESQ I
ATTORNEY FOR PLAINTIFF
2
VERIFICATION
I, ?rgr?c?s?/P?taN/T Subrogation Representative for Plaintiff, Erie Insurance
Exchange, in the above-captioned matter, do hereby verify that the facts contained in
the foregoing Complaint are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATE:
X
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BENJAMIN METALLO
JEN METALLO
50 SPRINGER'S ROAD
NEW CUMBERLAND, PA
I am providing a summary of the events
between December 2005 and August 2006.
23 March 2007
(? / ix /- L Te /P Iq 5,
that transpired
I purchased the property located at 50 Springers Lane, New
Cumberland, PA 17070 in December 2005. In May 2006, Mr.
Price approached me to introduce himself and at that time
mentioned that he would like me to cut down one of my trees
because it had damaged his property when a previous owner
had owned my property.
I told Mr. Price that he was welcome to cut the tree down
anytime he wished because I was not ready to have the trees
removed which needed to be removed, at that time, due to a
shortage of funds.
On June 5, 2006, I hired a tree removal service to remove
several trees from my property at a cost of $1200.00.
Mrs. Price came down on June 5, 2006, to inquire as to why
I hadn't cut down the above mentioned offending tree. I
informed her, the tree removal service would not remove the
tree as it was too tall. I told her that I would find
someone else to cut it down, when I got the money saved up,
in about 3 months.
My wife and I live on a fixed income. With the costs of
purchasing the trailer, property, tree and debris removal
and other costs, we were tapped out financially.
On June 6, 2006, I was informed by Mr. Price, that a limb
from the above mentioned tree had fallen into his pool and
damaged the liner.
Mr. Price also informed me he wanted me to pay $500.00
immediately or he would be mad at me. I informed Mr. Price
to contact his Insurance Company.
G /,?-R lPic6
Itp WTLI? /,,50 1 & 3
63 /8) 07
Mr. Price never allowed me to see the damages to his pool
or the limb that was supposed to have damaged his pool to
this day so I have no clear or positive
in fact, fell from my tree on to his proof that the limb,
pool has not been repaired. pool. As of today, the
I would like to address charges A-E as follows:
A. I was not careless or negligent in failing to trim my
tree as no limbs were hanging dead or broken from my tree.
Hence, there was no obvious need to trim it.
B. How much control can one exert over a tree limb?
C. I never informed the insured of the hazards of cutting
down the tree because I had not cut down the tree as of the
date of the accident.
D & E. I never exposed the insureds property to any
careless, reckless or hazardous situation and it was not a
tree that fell but a limb from that tree.
I am 64 years old my wife is 69 and as stated before we are
on a fixed income and both of us are suffering from
catastrophic illnesses, and I feel that this is and
unproven accusation and an unreasonable financial hardship
to us.
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PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
THIS IS AN ARBITRATION MATTER
ATTORNEY FOR PLAINTIFF
ERIE INSURAN R EECOFE EXCHANGE COMMON PLEAS COURT OF
CINDY Y PRICE GARY PRICE AND CUMBERLAND COUNTY
C '
P-O BOX 516 '
WARRENDALE, PA 15086
VS. NO. 67 - /13 Q (.."l u i,tFE/L.
BENJAMIN J..METALLO; JR.
50 SPRINGERS LANE CIVIL ACTION
NEW CUMBERLAND PA 17070
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
A
GAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,
YOU MUST TAKE ITHIN TWENTY ( YS FTE
THIS COMPLAINT ANDI NOTICE ARE ER ED OgYDENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST U. YOU
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY TIDE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY
OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
AVISO
Le han demandado a usted an la corte. Si usted quiere defenderse
de estas demandas expuestas an las paginas siguientes, usted tiene
(20) dias de plazo a partir de la fecha de la demanda y la notificacion.
Usted debe presenter una apariencia escrita o an persona o por
abogado y archivar an la corte sus defenses o sus objeciones a [as
demandas encontra de su persona. Sea avisado qua si usted no se
defiende, la corte tomara medidas y puede entrar una orden contra
ted sin previo aviso o notificacion o por cualgier queja o alivio que
espedido an la petition de demanda. Usted puede perder dinero, sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE
PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
(800) 990-9108
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PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
THIS IS AN ARBITRATION MATTER
ATTORNEY FOR PLAINTIFF
ERIE INSURANCE EXCHANGE
AS SUBROGEE OF GARY PRICE AND COMMON PLEAS COURT OF
CINDY PRICE CUMBERLAND COUNTY
P.O BOX 516
WARRENDALE, PA 15086
VS. NO.
BENJAMIN.]. METALLO, JR.
50 SPRINGERS LANE CIVIL ACTION
NEW CUMBERLAND PA 17070
NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT,
15 U.S.C. §1601 (AS AMENDED)
THE PENN
SYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMR LAW
73 PA. ON. TAT.A NE§2011, ET. SEQ (" HE,ACTS"
)
INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED
THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
COMPLAINT
The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire,
bring this action upon a cause whereof the following is a statement:
516, Warrendale, PA 15086.
I' 11iC muumuu, the insurance xc ange, " rie") is a Corporation authorized to do
business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box
Plaintiff brings this action as subrogee of Gary Price and Cindy Price, (herein the
"Insured) under a policy of insurance # Q542650163, issued by Plaintiff.
2. Defendant, Benjamin J. Metallo, Jr. is an individual residing at 50 Springer Lane,
New Cumberland PA 17070 and is the real and registered owner of premises.
3. On or about June 4, 2006 and numerous other occasions Plaintiff Insured
informed the Defendant that the tree on Defendants property that extends over the
Insured's property at 36 Springer Lane, New Cumberland PA has been dropping limbs
and damaging his property. Defendant took no action.
4. On or about June 5, 2006 the Insured noticed a tree limb from the same tree
sticking up out of the bottom of Insured's pool and had caused a hole in the pool liner.
5. Plaintiff avers that the personal property of the Insured was damaged as a result
of the occurrence hereinbefore mentioned, the reasonable cost to repair thereto being
is Eight Hundred Eighteen and 00/100 ($818.00) plus the Insured's deductible of Five
Hundred and 00/100 ($500.00) Dollars for a total of One Thousand Three Hundred
Eighteen 00/100 ($1,318.00) Dollars.
6. Defendant knew should have known and in the exercise of due care would
have known that the tree limbs would fall and cause damage to the Insured's property.
7. The said occurrence was due solely to the negligence of the Defendant,
Benjamin J. Metallo, Jr. in that after notice he:
a. carelessly and negligently failing to cut or trim the tree;
b. carelessly and negligently allowed or permitted the tree limb to damage
insured's property;
C. carelessly and negligently failed to warn Insured of hazards associated
with cutting the tree down;
d. carelessly, willingly recklessly exposed Insured's property to a risk; and
e. failing to insure that the tree would fall without damaging the Insured's
property.
WHEREFORE, Plaintiff demands judgment against the Defendant on each count
in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars
together with costs of suit.
jUL F. D'EMILIO, ESQ I
ATTORNEY FOR PLAINTIFF
2
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A?
VERIFICATION
I, Flaws T,d Subrogation Representative for Plaintiff
, Erie Exchange, in the above-captioned matter, do hereby verify that the facts contained n e
the foregoing Complaint are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
DATE:
N
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Erie Insurance Exchange as Subrogee
of Gary Price and Cindy Price
VS.
Benjamin J. Metallo, Jr.
AND NOW,
RULE 1312-1 'Ir a Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paul F. D' Emilio counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $1, 318.00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
'a 3 ,
ORDER OF COURT
petition, _
Esq., and
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1139 2047
_
200___, in consideration of the foregoing
Esq., and
captioned action (or actions) as prayed for.
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
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IN THE COURT OF COMMON PLEAS OF
Erie Insurance Exchange as Subrogee CUMBERLAND COUNTY, PENNSYLVANIA
of Gary Price and Cindy Price
VS. NO. 1 139 200
Benjamin J. Metallo, Jr.
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
_Paul F. D' Emilio , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $1, 318.00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully b tted,
ORDER OF COURT
AND NOW, , 200-7--, in consideration of the foregoing
petition, Esq., and Q&? (??. ' ?&?
Esq., and W-Iou Esq., are pointed arbitrators in the above
captioned action (or actions) as prayed for.
By fe urt,
E AR B. BAYLEY
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Erie Insurance Exchange as Subrogee
of Gary Price and Cindy Price
VS.
Benjamin J. Metallo, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1139 20n_
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paul F. D' Emilio , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $1,318. 00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, , 200, in consideration of the foregoing
petition, Esq., and
Esq., and Esq. are appointed arbitrators in th b
captioned action (or actions) as prayed for.
By the Court,
e a ove
EDGAR B_ BAYLEY
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SHERIFF'S RETURN - OUT OF COUNTY
r SASE NO: 2007-01139 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ERIE INSURANCE EXCHANGE
VS
METALLO BENJAMIN J JR
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
METALLO BENJAMIN J JR
but was unable to locate Him
deputized the sheriff of YORK
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On March 20th , 2007 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 44.83
Postage .63
03/20/2007
PAUL D'EMILIO
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
So answers-
Thomas Kl' e
Sheriff of umberland County
A. D.
ir *I COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PI.EASE TYPE ONLY UNE 1 THRU 12
DO NOT DETACH ANY COPES
1 PLAINTIFF/S/ Erie Insurance Exchange as Subrogee of Gary Price and
Cindv Price
3 DEFENDANT/S/ Benjamin J. Metallo, Jr.
2. COURT NUMBER
07-1139 civil
4. TYPE OF WRIT OR COMPLAINT
Civil Action Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD
Benjamin J. Metallo, Jr.
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE)
AT 50 Springers Lane, New Cumberland, PA 17070
7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE XYLI DEPUTIZE U CERT yWIL,, U 1ST CLASS MAIL U POSTED U OTHER
NOW Mi?rc , 20 I, SHERIFF OF IMM COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this Wr a return the ??ICCording
to law. This deputization being made at the request and risk of the plaintiff.,
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN
ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF
Please mail return of service to CLynberland County Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED
Paul F. D' Emilio, Es uire 610-338-0338 3 / 1 / 2 0 0 7
905 W. Sproul Road, ?uite 105, Springfield, PA 19064
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be maileaf.
Paul F. D'Emilio, Esquire CUMBERLAND CO SHERIFF
SPACE BELOW FOR USIE? OF TWSHM - NOT WRITE BELOW TM UM
n/?q?a?ng Date
13. 1 acknowledge receipt of the writ S/8/2007 4. DATE RECEIVED aL U
or complaint as indicated above. M J M C G I L L Y C S O j 7
16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. U 1 hereby certify and return a NO FOUND bec able to locate the individual, company, etc- named above. (See remarks below.)
18. ITLE OF IDUAL S RVE LIS E IF N QT SHOWN OVE (Relationship to Deft) t9..Da/ of Ssfrvice 20 Tip* of Spice
Q V0 71
21. TTE Da Time Miles t. a e Time Miles Int. Date ime Iles int Date Time MI Ilnt. Date Time ilea Int Date Time Miles Int
22.
23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Ch . NCI
00.00 g.t.? S•(? ? g3 S? ?i!
34. ForNyn County Cosh 35. Advance Costs 36 Service Costs 37. Notary Cert. 8. Mieage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund
41
AFFIRMED and s
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LISA L. BCVy'.";`;?,, NOTARY PUBLIC
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3/14/07
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MY COMMISSION ->:PIRESAUG.12
2009 48 Signature of Foreign 49 DATE
, County Sheriff
W. 1 At RNVVVLtUISt KtGtlr' 1 OF I Ht SHtKI1'1' "5 Kt I UKN blUNA I UKt 151. DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - Issumg Audwity 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfrs Office
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ERIE INSURANCE EXCHANGE, COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BENJAMIN J. METALLO, JR.,
DEFENDANT 07-1139 CIVIL TERM
ORDER OF COURT
AND NOW, this adtj( day of July, 2007, the appointment of John Statler,
Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED.
Joseph D. Buckley, Esquire, is appointed in his place.
By the Court,
QV' wit
Edgar B. Bayley, J.
/James Hughes, Esquire
Chairman
/Joseph D. Buckley, Esquire
Court Administrator
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ERIE INSURANCE EXCHANGE, COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BENJAMIN J. METALLO, JR.,
DEFENDANT : -A9-49fl CIVIL TERM
ORDER OF COURT
AND NOW this 15 day of August, 2007, the appointment of David Stone,
Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Gerald
J. Shekletski, Esquire, is appointed in his place.
By the C ,
Mme/
Edgar B. B ley J.
?James Hughes, Esquire
Chairman
/Gerald J. Shekletski, Esquire
Court Administrator
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ERIE INSURANCE EXCHANGE,
PLAINTIFF
V.
BENJAMIN J. METALLO, JR.,
DEFENDANT
AND NOW, this
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 07-1139 CIVIL TERM
ORDER OF COURT
`9 ` ?' day of November, 2007, the appointment of
James Hughes, Esquire, as chairman on the Board of Arbitrators in the above-
captioned cases, IS VACATED. E. Ralph Godfrey, Esquire, is appointed in his place.
/Ralph Godfrey, Esquire
Court Administrator A
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Plaintiff
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.(?)+ - 1 13
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
wit41ffity.
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Signa a sigUA64 i tune
Name (Chairman) Name Name
'Sal? we, n h 1 ?.?qL1 C S , 6? C , ? C ? ?? t C? I Q V ?'? 44, - W(L I k,
Law Firm Law Firm
3??i l?+lcxarder S,p,n? (Z?}
Address
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Ca, is (e e4 ?'1o )1-
City, zip
q f, ? 6-1, C( Li -Y .
Address
City, Zip
1-4f Lif''e"tC-; t, /- ,?t17c'3' ?? ,?7?Lttl1
Law Firm J/{
Address
(e4l,6. & ! Zt) / s
City, Zip
I oZ?30 /Award 101349
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
. Arbitrator, dissents. (Insert name if applicable.
Date of Hearing. 11f 7 le
M1 .Jy (Chas n)
Date of Award: to
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Notice of Entry of Award
Now, the 7- day of ember, 2007 , at 3:1 to A .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation
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paid upon appeal: $ 3s0,. 00
By:
Deputy
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