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Fellow House member to sue Metcalfe

Daryl Metcalfe
Democrat won't discuss filings

A fellow member of the state House filed preliminary documents in Butler County Court saying he intends to sue state Rep. Daryl Metcalfe, R-12th, for libel, slander or defamation of character.

Rep. Peter Daley, D-49th, of Washington County says in the filing that he intends to seek an unspecified amount of monetary damages as part of a suit.

Daley, who was first elected to the House in 1983, declined to discuss the court filings, the reason or reasons behind any lawsuit, or when he might file a full civil complaint against Metcalfe.

“I have no intention to discuss this matter, publicly, until, and at such time, I commence the filing of the final complaint in this regard with the Prothonotary Office of Butler County,” Daley said in an e-mail response to questions.

According to court records, Butler County Judge Marilyn Horan on Monday was assigned to the case.

Metcalfe said Thursday that he wasn't aware of Daley's intention to sue him. Bad feelings between the legislators likely extended back to late December when Metcalfe accused Daley and another House member, Rep. Leslie Acosta, D-Philadelphia, of casting “ghost votes” during a series of critical House votes on the state budget.

Metcalfe said the votes, which he claims were cast for the legislators while they were absent, in violation of House rules, tipped the balance of the voting over what was then a $30.8 billion budget proposed by the Senate. That vote passed the House by one vote, 100 to 99.Metcalfe said Daley last week confronted him on the floor of the House and threatened to campaign for Gordon Marburger, who is challenging Metcalfe for the Republican nomination in the April 26 primary. Metcalfe called the potential legal action typical campaign mudslinging.“It sounds like a typical situation of someone trying to use the courts for their own campaign attacks,” Metcalfe said. “It's certainly a campaign tactic that Pete Daley must believe is going to help my primary opponent.”Marburger, reached via phone on Thursday, said he had not been contacted by Daley.

Peter Daley

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