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HomeMy WebLinkAbout07-6222W .? F: \FILES\Clients\11093\11093.19.pra1 Created: 9/20/04 0:06PM Revised: 10/23/07 3:26PM 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. D?'-(,22;,, 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 18' 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 rJ 4? TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons upon the Defendants and deliver to the Sheriff for service. MARTSON LAW OFFICES 1?64'/ By 2-&* 1. David A. Fitzsimons, squire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 23, 2007 Attorneys for Plaintiff x ,, :- TI. ot (Aj "V rv C3 C") N w w -n r`ri ti Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas CALABRESE & SONS, INC. Plaintiff Vs. No 07-6222 ERIE INSURANCE EXCHANGE 100 ERIE INSURANCE PLACE P.O. BOX 1699 ERIE, PA 16530 ERIE INSURANCE AGENCY, INC. T/DB/A ERIE INSURANCE GROUP 100 ERIE INSURANCE PLACE P.O. BOX 1699 ERIE, PA 16530 ERIE INSURANCE COMPANY T/DB/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/DB/A MUTUAL BOILER RE 123 SOUTH BROAD PHILADELPHIA, PA 19109 In CivilAction-Law Defendant r .., To ERIE INSURANCE EXCHANGE, ERIE INSURANGE AGENCY, INC. T/DB/A ERIE INSURANCE GROUP, ERIE INSURANCE COMPANY T/DB/A ERIE INSURANCE GROUP, CONSUMERS INSURANCE AGENCY, INC., JOHN T. BROSIUS, AND FM GLOBAL INSURANCE AGENCY OF PENNSYLVANIA, INC. T/DB/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. S (SEAL) Curtis R. Long, Prothonotary Date OCTOBER 23, 2007 By 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 TWE COPY FROM RECORD, In Testimony whereof, I hens unto set MY haod and the seel f said rt at Carlisle, Pa chid. ? /,. David A. Fitzsimons, Esquire , Esquire GILROY & FALLER Seth T. Mosebey ORFF WILLIAMS OTTO MARTSON DEARD MARTSON LAW OFFICES I.D. Nos. 41722 and 203046 ,OF ast High Street Carlisle, PA 17013 43-3341 FAF1LES\C5Cnts\11093\1 1093.19.pral Created: 9/20104 0 '.06PM Revised'. 11/20/07 4:52PM A (717) 2 Attorneys for Plaintiff T OF COMMON PLEAS OF IN THE COURT COUNTY PENNSYLVANIA CALABRESE & SONS, INC., ; CUMBERLAND Plaintiff NO. 07-6222 CIVIL ACTION V. v. ERIE INSURANCE EXCHANGE, 1699 100 Erie Insurance Place, P.O. B 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 COMPANY t/d/b/a ERIE INSURANCECE GROUP, ERIE INSURA UP, Box 1699 100 Erie Insurance Place, Erie, PA 16530 CONSUMERS INSURANCE AGENCY, : INC., 240 South le 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, 1200 Atwater Drive, Suite 250 Malvern, PA 19355 ; Defendants JURY TRIAL DEMANDED PgAECIPE THONOTARY OF CUMBERLAND COUNTY Global Insurance Agency of TO THE PRO Please Reissue a Writ of summons upon Defendant FM Mutual Boiler RE and deliver to the Sheriff for service. Inc., Pennsylvania' ?/a MARTSON LAW OFFICES By --h J' Fitzsimons, Esquire avid A. Esquire Seth T. Mose St Street 10 East High Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: / O yL.1 d N C ° - :T' -7 n ` c'} t m '. < - - A z , W CL7 "'? SHERIFF'S RETURN - REGULAR CASE NO: 2007-06222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL MICHAEL BARRICK , 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 1405:00 HOURS, on the 29th day of October , 2007 at 240 SOUTH 1RTH STRFRT CAMP HILL, PA 17011 by handing to ERIC PATRICK, VICE PRESIDENT, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 it 6l -,16 " !-i.., 3 0 . 4 0 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/28/2007 MARTSON LAW OFFICE By: 'Deputy Sheri A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALABRESE & SONS INC VS ERIE INSURANCE EXCHANGE ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BROSIUS JOHN T the DEFENDANT at 1405:00 HOURS, on the 29th day of October 2007 at 240 SOUTH 18TH STREET CAMP HILL, PA 17011 ERIC PATRICK, by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS So Answers: and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 ? 16.00 Sworn and Subscibed to before me this day of together with R. Thomas Kline 12/28/2007 MARTSON LAW OFFICES By Deputy Sheriff A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06222 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 28th , 2007 this office was in receipt of t attached return from ERIE 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 .00 155.00 ?? 1?c? .3? 5 ??? 12/28/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06222 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 T/D/B/A 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 28th , 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 ? 7 12/28/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06222 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 T/D/B/A ERIE INSURANCE GROUP but was unable to locate Them deputized the sheriff of ERIE serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On December 28th , 2007 , this office was in receipt of the attached return from ERIE Sheriff's Costs: Docketing Out of County Surcharge So answers: 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00- 16.00 12/28/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06222 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: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 28th , 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 12/28/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06222 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 INS AGENCY OF PENNA INC TDBA MUTUAL BOILER RE but was unable to locate Them deputized the sheriff of CHESTER serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On December 14th , 2007 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Chester County 31.17 Sheriff of Cumberland County Postage 1.16 6 9. 3 3 ? r ?r.^ l i 12/14/2007 MARSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06222 M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE CALABRESE & SONS,INC. VS ERIE INSURANCE EXCHANGE JUDY TOME , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within SUMMONS was served upon the ERIE INSURANCE EXCHANGE DEFENDANT , at 1600:00 Hour, on the 6th day of November , 2007 at 100 ERIE INSURANCE PLACE ERIE, PA 16530 GEORGIANN FROESS-RECEPTIONIST by handing to 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 118.00 Service .00 Bob Merski, Sheriff of Erie County Affidavit 00 Surcharge 00 By 00 uty herif 118.00 10/30/ 007 MARTSON LAW OFFICES Sworn and Subscribed to before me this day of _ A` .)D .. ,,.. Notary My Com is" E*res ApOl 7, 2011 CASE NO: 2007-06222 M SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE CALABRESE & SONS,INC. VS ERIE INSURANCE EXCHANGE JUDY TOME , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within SUMMONS was served upon ERIE INSURANCE AGENCY the DEFENDANT , at 1600:00 Hour, on the 6th day of November , 2007 at 100 ERTE TNSiTRANC F PT AC R 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. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 00 4 .00 Bob Me ki, Sherif 00 .00 By .00 uty heriff .00 10/30/2 07 MARTSON LAW OFFICES Sworn and Subscribed to before me this -ice day of 1Z, •???/ A. D. city of Et'e, :.{ 13 Ca),;itty MY Qmlle, xt EOres Aptii 7, 2011 of Erie County CASE NO: 2007-06222 M SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE CALABRESE & SONS,INC. VS ERIE INSURANCE EXCHANGE JUDY TOME , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within SUMMONS was served upon ERIE INSURANCE COMPANY the DEFENDANT , at 1600:00 Hour, on the 6th 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. Sheriff's Costs: Docketing Service Affidavit Surcharge 00 00 00 00 So Answers: E 6 Mme- 2, S-h e t of Erie County By Sherif 10/30leput 007 MARTSON LAW OFFICES Sworn and Subscribed to before me this day of A.D. Notary B!1 D- ` j9j1 P, !,Wttarlj P01k Ls f ?, a:rt j Cz?wrr?y ? ? t#airez APP 7, 2011 In The Court of Common Pius of Cumberland County, Pennsylvania Calabrese & Sons Inc vs. Erie Insurance Exchange et al No 07-6222 civil SERVE: FM Global. Insurance Agency of Pennsylvania, Inc No. t/d/b/a Mutual Boiler RE Now, October 25, 2007 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Philadel 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 Cumberla?®uSheriff. Thank you. of Service n / 10"Al Now, No\lem?&r "lam , 20 a7 , at 3 o'clock M. served the within r)16) lv upon C 1?? t11 t=?? ` i J _ i. by handing to a copy of the original and made known to the contents thereof. So answers, Sh? County, PA COSTS Sworn and s ribed before SERVICE me this %y of 1, 120 i : l MILEAGE 7 AFFIDAVIT $ In The Curt of Common Pleas a Cu erlaud.-County, Pennsylvania Calabrese & Sons Inc _...,, SERVE: Now, vs. Erie Insurance Exchange et al"'l " I No. 07-6222 civil FM Global Insurance Agency of Pennsylvania Inc t/d/b/a Mutual Boiler RE November 27, 2007 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Chester 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, -? LCum &--x- 3 , 206 7, at M' `'' o"clock M. served the within 2z.T G 3u?rn?rn,' upon r7/)') &LJ,63,'}-? SU?? ?Ui'l= AL-' 'Vo (i by handing to /)), a A CY- S' U and made known to ?i So answers, Lf? the contents thereof. f p Sheriff of /lt&3 , County, PA me this ?k\ day of 1? C copy of the original tj) I?5 (;- _?L1.vWdyj Sworn and ubscribed before COSTS SERVICE _ MILEAGE _ AFFIDAVIT IV !, F:\FILES\Clients\I 1093V 1093.19. pra5.wpd Created. 9/20/04 0:06PM Revised: 5/14/08 4:52PM 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, 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, FM GLOBAL INSURANCE AGENCY OF PENNSYLVANIA, INC. t/d/b/a MUTUAL BOILER RE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6222 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 OFFICES By&'/? -;r, David A. Fitzsimons, Esquire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 15, 2008 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Rees Griffiths, Esquire Countess Gilbert Andrews, P.C. 135 North George Street York, PA 17401 Thomas S. Brown, Director Gibbons P.C. 1700 Two Logan Square 18`h & Arch Streets Philadelphia, PA 19103-2769 MARTSON LAW OFFICES -B Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 15, 2008 ,? ?.> c.. .-f ''? ?.. ,,,-^ Cs' "? . ?; r'f''. ? ? . ?