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Home My WebLink About07-6194F: \FI LES\Clients\ l 1093\1 1093.19.pra l Created: 9/20/04 0:06PM Revised: 10/22/07 4:27PM David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CALABRESE & SONS, INC., Plaintiff V. ERIE INSURANCE GROUP t/d/b/a ERIE INSURANCE AGENCY, INC., and ERIE INSURANCE COMPANY, CONSUMERS INSURANCE AGENCY, INC., and JOHN T. BRQSIUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- G jQ y CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons upon the Defendants and return it to our office for service. MARTSON LAW OFFICES By ? . David A. Fitzsimons, squire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 22, 2007 Attorneys for Plaintiff 1. ?o Cl fi d C .f ra tv OD a F: \FILES\Chents\ 11093\ 11093.19. mot3 Created: 9120104 0:06PM Revised: 10/23/07 3:12PM David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CALABRESE & SONS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIE INSURANCE GROUP t/b/d/a ERIE INSURANCE AGENCY, INC. and ERIE INSURANCE COMPANY, CONSUMERS INSURANCE AGENCY, INC., and JOHN T. BROSIUS, Defendants : NO. 07-6194 CIVIL ACTION -LAW : JURY TRIAL DEMANDED MOTION TO AMEND CAPTION 1. On October 22, 2007, Plaintiff filed a Praecipe for Writ of Summons against Erie Insurance Group t/d/b/a Erie Insurance Agency, Inc., and Erie Insurance Company, Consumers Insurance Agency, Inc. and John T. Brosius. 2. Thereafter, Plaintiff discovered that, due to a clerical error, the party name of Erie Insurance was listed incorrectly on the Praecipe, and the name of Defendant FM Global Insurance Agency of Pennsylvania, Inc. t/d/b/a Mutual Boiler Re was omitted. 3. Pursuant to Pa. R.C.P. 1033, Plaintiff now moves for leave of court to amend the caption of the Praecipe for Writ of Summons to read as follows: "Brie Insurance Exchange, Erie Insurance Agency, Inc. t/d/b/a Erie Insurance Group, Erie Insurance Company t/d/b/a Erie Insurance Group, Consumers Insurance Agency, Inc., John T. Brosius, and FM Global Insurance Agency of Pennsylvania, Inc. t/d/b/a Mutual Boiler Re." `' M 4. "The policy of Pennsylvania courts is that amendments to pleadings should be liberally allowed in order to secure a determination of cases on their merits, except in those instances where surprise or prejudice to the other party would result, or where the proposed amendment is against a positive rule of law." Tanner v. Allstate Ins. Co., 467 A.2d 1164, 1167 (Pa. Super. 1983). 5. In this case, amendment of the caption as described in Paragraph 3 will not result in prejudice or surprise to Defendant. Additionally, such amendment is not against a positive rule of law. 6. At present, the Writ of Summons has neither been issued or served on any Defendant. 7. Consequently, neither concurrence of opposing counsel nor concurrence ofDefendant has been obtained. 8. To date, no Judge has ruled on any issue in this matter. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested and permit Plaintiff to amend the caption of the Complaint as set forth herein. MARTSON LAW OFFICES By: J-. ftrl-s?/ Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 10),19- 3) D Attorneys for Plaintiff n rv ?a Q n c e n, si i C-n ..,, -'C OCT 2 4 2007 AIY FARLES\Clientsll J093\1 1093.19.mot3 Created: 9/20/04 0:06PM Revised: 10/23/07 3:13PM David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CALABRESE & SONS, INC., Plaintiff V. ERIE INSURANCE GROUP t/b/d/a ERIE INSURANCE AGENCY, INC. and ERIE INSURANCE COMPANY, CONSUMERS INSURANCE AGENCY, INC., and JOHN T. BROSIUS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6194 CIVIL ACTION -LAW : JURY TRIAL DEMANDED ORDER AND NOW, this S? day of N my t.Yn Vt e , 2007, upon consideration of Plaintiff s Motion to Amend Caption, Plaintiff's Motion is hereby GRANTED, and Plaintiff is permitted to amend the caption of the Praecipe for Writ of Summons to read as follows: "Calabrese & Sons, Inc., v. Erie Insurance Exchange, Erie Insurance Agency, Inc. t/d/b/a Erie Insurance Group, Erie Insurance Company t/d/b/a Erie Insurance Group, Consumers Insurance Agency, Inc., John T. Brosius, and FM Global Insurance Agency of Pennsylvania, Inc. t/d/b/a Mutual Boiler Re." BY THE COURT, )k t ?1? J. Jj U&:? ?-3cf3CQW • C` t7T-AwAC60 L4/?IJ/ is t 3 F: \FI LES\Clients\ l 1093\1 1093.19. pra3 Created: 9/20/04 0:06PM Revised: 11/14/07 4:51PM David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CALABRESE & SONS, INC., Plaintiff V. ERIE INSURANCE EXCHANGE, 100 Erie Insurance Place, P.O. Box 1699 Erie, PA 16530 ERIE INSURANCE AGENCY, INC. t/d/b/a ERIE INSURANCE GROUP, 100 Erie Insurance Place, P.O. Box 1699 Erie, PA 16530 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6194 CIVIL ACTION - LAW ERIE INSURANCE COMPANY t/d/b/a ERIE INSURANCE GROUP, 100 Erie Insurance Place, P.O. Box 1699 Erie, PA 16530 CONSUMERS INSURANCE AGENCY, INC., 240 South 18th Street Camp Hill, PA 17011 JOHN T. BROSIUS, 240 South 18`h Street Camp Hill, PA 17011 FM GLOBAL INSURANCE AGENCY OF PENNSYLVANIA, INC. t/d/b/a MUTUAL BOILER RE, 123 South Broad Philadelphia, PA 19109 Defendants JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please re-issue the Writ of Summons upon the Defendants and deliver to the Sheriff for service. MARTSON LAW OFFICES By -,AZ'V7 /N4? David A. Fitzsimons, squire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 15, 2007 Attorneys for Plaintiff ? N Q O a° ? C ' F: TILES 1CIients111093111093.19 prat A. Created: 9/20/04 0:06PM Revised: 11/8/07 3 46PM David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire MARTS ON DEARDORFF WILLIAMS OTTO MARTSON LAW OFFICES GILROY & FALLER I.D. Nos. 41722 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CALABRESE & SONS, INC,, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIE INSURANCE EXCHANGE NO. 07-6194 CIVIL ACTION -LAW , 100 Erie Insurance Place, Erie, PA 16530 P.O. Box 1699 ERIE INSURANCE AGENCY, INC. t/d/b/a ERIE INSURANCE GROUP, 100 Erie Insurance Place, P.O. Box 1699 Erie, PA 16530 ERIE INSURANCE COMPANY t/d/b/a ERIE INSURANCE GROUP100 Erie Insurance Place, P.O' . Box 1699 Erie, PA 16530 CONSUMERS INSURANCE AGENCY, ; INC., 240 South 18`h Street Camp Hill, PA 17011 JOHN T. BROSIUS, 240 South 18th Street ' Camp Hill, PA 17011 FM GLOBAL INSURANCE AGENCY PENNSYLVANIA, INC. t/d/b/a OF BOILER RE, MUTUAL 123 South Broad Philadelphia, PA 19109 Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARy OF CUMBERLAND COUNTY. In accordance with the order of Court dated Novembe to Amend Ca tion lease issue a Writ of r 1' 2007 granting Plaintiff's Motion p, p Summons upon the Defendants for service. and deliver to the Sheriff MARTSON LAW OFFICES David A. Fitzsimons, squire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 8, 2007 Attorneys for Plaintiff CASE NO: 2007-06194 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CONSUMERS INSURANCE AGENCY INC the DEFENDANT at 1355:00 HOURS, on the 30th day of November-, 2007 at 240 SOUTH 18TH STREET CAMP HILL, PA 17011 APRIL MYERS by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 14.40 .00 10.00 .00 30.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/12/2007 MARTSON LAW OFFICES B Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS BROSIUS JOHN T was served upon the DEFENDANT , at 1355:00 HOURS, on the 30th day of November-, 2007 at 240 SOUTH 18TH STREET CAMP HILL, PA 17011 APRIL MYERS, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 l ?0/0 7 00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/12/2007 MARTSON LAW OFFICES B Deputy Sof A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL 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: ERIE INSURANCE EXCHANGE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ERIE County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 12th , 2007 , this o attached return from ERIE ce was in receipt of the Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Erie County 118.00 Sheriff of Cumberland County Postage 2.30 ` 157.30 12/12/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL 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: ERIE INSURANCE AGENCY INC TDBA ERIE INSURANCE GROUP but was unable to locate Them deputized the sheriff of ERIE in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 12th , 2007 , this office was in receipt of the attached return from ERIE Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16. 0 0 ? 1 91.70% 7 12/12/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL 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: ERIE INSURANCE COMPANY TDBA ERIE INSURANCE GROUP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ERIE County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 12th , 2007 , this office was in receipt of the attached return from ERIE Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 00 16.00 ? 1al 2 0%7 12/12/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL 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: FM GLOBAL INSURANCE AGENCY OF PA INC TDBA MUTUAL BOILER RE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 12th , 2007 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Philadelphia 116.00 Sheriff of Cumberland County .00 141.00 ? /0 -7 12/12/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas zof Cumberland County, Pennsylvania Calabrese & Sons Inc VS. Erie Insurance Exchange et al SERVE: Erie Insurance Exchange No. 07-6194 civil Now, Navmber 16, 2007 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Erie County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 20 , at o'clock M. served the SHERIFF'S RETURN - REGULAR CASE NO: 2007-06194 M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE CALBRESE & SONS INC C? m Arlo c?r? GI V C4 U"?? to4`l`-i VS ERIE INSURANCE EXCHANGE ET AL SCOTT STEVA , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within SUMMONS was served upon ERIE INSURANCE EXCHANGE the DEFENDANT at 1620:00 Hour, on the 20th day of November , 2007 at 100 ERIE INSURANCE PLACE ERIE, PA 16530 by handing to GEORGIANN FROESS, RECEPTIONIST a true and attested copy of SUMMONS together with and at the same time directing Her attention to the contents thereof. So A wers: Sheriff's Costs: Docketing 118.00 Service .00 Bob erskii, Sheriff of E e County Affidavit .00 = ???y", ?` Surcharge .00 By 1? .00 Deputy Sheriff 118.00 11/19/2007 MARTSON LAW OFFICE Sworn and Subscribed to before me,-this 1 day of A. D. `NOfAWL SEAL AMY HAZEN, Notary Mk City of Erie, Erie County My Commie'^n Fynlra? July 20, 2010 In The Court of Common Pleas of Cumberland County, Pennsylvania Calabrese & Sons Inc VS. Erie Insurance Exchange et al SERVE: Erie Insurance Agency Inc t/d/b/a Erie Insurance Group No. 07-6194 civil Now, Novanber 16, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Erie County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail zeturn of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 2C , at o'clock M. served the within upon at by handing to a copy of the original and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 24 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA the contents thereof. CASE NO: 2007-06194 M SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE CALBRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL d '1- (o I QI H J SCOTT STEVA , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within SUMMONS ERIE INSURANCE AGENCY INC the DEFENDANT , at 1620:00 Hour, on the 20th day of November 2007 at D/B/A ERIE INSURANCE GROUP 100 ERIE INSURANCE PLACE ERIE, PA 16530 by handing to GEORGIANN FROESS, RECEPTIONIST a true and attested copy of SUMMONS together with and at the same time directing Her attention to the contents thereof. So swe s: Sheriff's Costs: Docketing .00 Service .00 Bob Me ki, Sheriff of Erie County Affidavit .00 Surcharge .00 By .00 Deputy Sheriff .00 11/20/2007 MARTSON LAW OFFICES Sworn and Subscribed to before me this f / day of 241)--7- A.D. NotaW AMY SARK S Of ft, We Q.4 my cm%Sw EExplres 1 2010 was served upon In The Court of Common Pleas of ,Cumberland County, Pennsylvania Calabrese & Sons Inc VS. Erie Insurance Exchange et al 07-6194 civil SERVE: Erie insurance Company t/d/b/a No Erie Insurance Group Now, November 16, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Erie deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail "return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE_ AFFIDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2007-06194 M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE CALBRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL SCOTT STEVA , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within SUMMONS ERIE INSURANCE COMPANY was served upon the DEFENDANT , at 1620:00 Hour, on the 20th day of November , 2007 at D/B/A ERIE INSURANCE GROUP 100 ERIE INSURANCE PLACE ERIE, PA 16530 by handing to GEORGIANN FROESS, RECEPTIONIST a true and attested copy of SUMMONS together with and at the same time directing Her attention to the contents thereof. So Answers: Sheriff's Costs: Docketing .00 .,e?riff of Erie County Service .00 Bo erski, _SShAl?- Affidavit .00 3&e.4 Su rcharge .00 By .00 Deputy Sheriff .00 11/19/2007 MARTSON LAW OFFICES Sworn and Subscribed to before me,-?his -j day of A. D. Nota -?...?. AMY wAzLW, n?ftry Wk My Com(,m of ?, Er+e County In The Court of Common Pleas of Cumberland County, Pennsylvania Calabrese & Sons Inc vs. Erie Insurance Exchange et al SERVE: FM Global Insurance Agency No, 07-6194 civil of Pennsylvania Inc t/d/b/a Mutual Boiler RE Now, November 16, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, P/?Yl ber O? 20 Of , at /,?""00 o'clock P- M. served the within upon Ob9L h 5btra-f7C/- ??6M t?C F K, at a s off- VV Gvyy?ac? by handing to a and made known to Sworn and subscribed before me thi t? day of , 204? copy of the original the contents thereof. So answers, '1'1 M ow k County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT l Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CALABRESE & SONS, INC. Plaintiff Court of Common Pleas Vs. No 07-6194 CIVIL TERM ERIE INSURANCE EXCHANGE 100 ERIE INSURANCE PLACE P.O.BOX 1699 ERIE, PA 16530 ERIE INSURANCE AGENCY, INC. T/D/B/A ERIE INSURANCE GROUP 100 ERIE INSURANCE PLACE P.O.BOX 1699 ERIE, PA 16530 ERIE INSURANCE COMPANY T/D/B/A ERIE INSURANCE GROUP 100 ERIE INSURANCE PLACE P.O.BOX 1699 ERIE, PA 16530 CONSUMERS INSURANCE AGENCY, INC. 240 SOUTH 18TH STREET CAMP HILL, PA 17011 JOHN T. BROSIUS 240 SOUTH 18TH STREET CAMP HILL, PA 17011 FM GLOBAL INSURANCE AGENCY OF PENNSYLVANIA, INC. T/D/B/A MUTUAL BOILER RE 123 SOUTH BROAD PHILADELPHIA, PA 19109 In CivilAction-Law Defendant V ` To ERIE INSURANCE EXCHANGE, ERIE INSURANCE AGENCY, INC. T/D/B/A ERIE INSURANCE GROUP, ERIE INSURANCE COMPANY T/D/B/A ERIE INSURANCE GROUP, CONSUMERS INSURANCE AGENCY INC., JOHN T. BORSIUS, AND FM GLOBAL INSURANCE AGENCY OF PENNSYLVANIA, INC. T/D/B/A MUTUAL BOILER RE, You are hereby notified that CALABRESE & SONS, INC., the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long, Prothonotary Date OCTOBER 22, 2007 lay Deputy Attorney: Name: SETH T. MOSEBEY, ESQUIRE Address: MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 203046 TRUE COPY FROM RECORU in Testimony whereof, l here unto set my hsild and Zhe sWoff seid Court at Pay. h By -ra?ao??ta F:\FILES\Clients\11093 Calabrese\I1093.19.pra6 Created: 9/20/04 0:06PM Revised: 1/5/11 2:25PM FILE0-OFFICE" Of THE P R,0 nr, ti 0 :1 t i, >1 - 1t??,ait 201'1 JAN -6 AM 11: J V !BERLAND CLU f David A. Fitzsimons, Esquire '?`??' t1" I"` Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 41722 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CALABRESE & SONS, INC., Plaintiff V. ERIE INSURANCE GROUP t/b/d/a ERIE INSURANCE AGENCY, INC. and ERIE INSURANCE COMPANY, CONSUMERS INSURANCE AGENCY, INC., and JOHN T. BROSIUS, Defendants : IN THE COURT OF COMMON YLtJA?i Ur CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6194 CIVIL ACTION -LAW : JURY TRIAL DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-referenced matter as settled, discontinued and ended. MARTSON LAW S By David A. Fit imons, squire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 5, 2011