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Clarence W. Shields, Ir"
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION-LAW
Mark T. Blackburn,
Progressive Insurance, and Farmers
New Century Insurance Company,
c/o Beverly, Incorporated,
Defendants
No,: 01- l-1I II
C.~'()~l't~
JURY TRIAL DEMANDED*
NOTICE TO DEFEND
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 Ii 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 judgement 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(s), You may lose money or properly or other rights important to
you,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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Clarence W. Shields, Jr.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
Mark T. Blackburn,
Progressive Insurance, and Farmers
New Century Insurance Company,
c/o Beverly, Incorporated,
Defendants
No,; Dl- (,4/(
Gu~l '-r~
JURY TRIAL DEMANDED*
NOTICIA
Le han demandado a usted en la corte, Si usted quiere defendarse de estas demandas
expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo aI partir de la feha de la
demllnda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas 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 a1ivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE
PUEDE CONSEQUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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Clarence W. Shields, Jr"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
v,
Mark T. Blackburn,
Progressive Insurance, and Fanners
New Century Insurance Company,
c/o Beverly, Incorporated,
Defendants
No,: 01- 1.4tt
Cu~lY~
JURY TRIAL DEMANDED*
COMPLAINT
Clarence W. Shields, Jr., Plaintiff, by his undersigned Attorney, THE LAW OFFICES OF
PAUL B. ORR, Paul Bradford Orr, Esquire, claim damages of the Defendants upon a cause of
action of which the following is a statement:
1. Plaintiff Clarence W. Shield, Jr. ("Shields"), is a resident of the Commonwealth of
Pennsylvania who resides at 6480 Wertzville Road, Enola, Pennsylvania 17025.
2. Defendant Mark. T. Blackburn ("Blackburn"), is an adult individual and resident of
the Commonwealth of Pennsylvania who resides at 2330 Dusty Lane, Enola, Pennsylvania 17025.
3. Defendant Progressive Insurance, ("Progressive"), Defendant's insurance
company, is an insurance company with their place of business at 5053 Ritter Road, Suite 101,
Mechanicsburg, Pennsylvania 17055.
4, Defendant Fanners New Century Insurance Company, c/o Beverly Incorporated,
("Fanners"), Plaintiff's insurance company, is an insurance company with their place of business
at P.O. Box 4838, Timonuim, Maryland 21094.
5. The facts and occurrences hereinafter related took place on or about February 25,
2000 at approximately 7:30 p,m. on orcIose to the intersection of Old Willow Mill Road and
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Wertzville Road, Mechanicsburg, Pennsylvania,
6. At that time and place, Shield's vehicle (driven by Linda K. Ritter) was traveling in
a westbound direction on Wertzville Road, approaching the intersection ofWertzville Road and
Old Willow Mill Road.
7. At that time and place, Blackburn was operating his vehicle in a northbound
direction on Old Willow Mill Road, approaching the intersection ofWertzville Road and Old
Willow Mill Road.
8. At the stated location, Old Willow Mill Road is a two-lane roadway, which travels
north and south, and which intersects with Wertzville Road and has a properly posted stop sign.
9. At the stated location, Wertzville Road is a two-lane roadway, which travels east
and west and intersects with Old Willow Mill Road on the south side of the intersection and
Millers Gap Road on the north side of the intersection. There is no stop sign at this location on
Wertzville Road,
10, Ritter was traveling West on Wertzville Road when Blackburn failed to stop at the
properly posted stop sign on Old Willow Mill Road and collided with Ritter who was passing
through the intersection, Both units collided within the intersection and after initial contact,
Blackburn continued approximately 20 feet west of the intersection, while Ritter had a second
impact with a concrete wall at 6996 Wertzville Road,
11, During the accident investigation, the officer did observe skid marks that were left
by Blackburn that began prior to the stop sign on Old Willow Mill Road and continued into the
eastbound lane ofWertzville to rougWy the point of impact.
12. The officer did serve a search warrant at Holy Spirit Hospital to obtain
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Blackburn's Blood/Alcohol Level. Blakcbum's Medical Blood/Alcohol Level was determined to
be in the range of .103 to ,127%.
13. Mr. Shield's vehicle, a 1986 Ford Bronco II, Registration Plate BFB0021, was
totaled in the accident and was towed from the scene by Henry's Towing.
14. By reason of the aforesaid situation, Shields was forced to incur storage expenses
for the vehicle, and claim is made therefor.
15, By reason of the aforesaid situation, Shields was forced to deal with the
inconvenience of not having his vehicle to drive for several months and to incur expenses for a
substitute vehicle and claim is made therefore.
16. Prior to the accident, Mr. Shields made improvements to the Bronco II with total
parts and installation costs of $5,651. 90, and claim is made therefore.
17, Prior to the accident, Mr. Shields replaced the engine, transfer case and
transmission for a total cost of $778.79, and claim is made therefor,
18, Because of the aforementioned extensive repairs to the Bronco II prior to the
accident, Mr. Shields avers that the property damage offered by Progressive for his vehicle,
$3,129.12, is extremely low and unacceptable.
COUNT I
NEGLIGENCE
19, Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
18 as though the same were fully set forth at length herein,
20, The foregoing accident and all of the expenses and damages set forth in this
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Complaint are the direct and proximate cause of the negligent, careless, wanton and reckless
manner in which Blackburn operated his motor vehicle as follows:
1. Failure to stop at a stop sign;
2, Driving while intoxicated;
3, F allure to keep alert and maintain a proper watch for vehicles
traveling along the highway;
4, Failure to keep proper and adequate control over his vehicle;
5, Driving his vehicle upon the roadway in a manner endangering
persons and property 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.
21, Punitive damages are appropriate under these circumstances.
WHEREFORE, Plaintiff demands judgement against Defendants in an amount in excess of
the mandatory arbitration limits.
COUNT II
LOSS OF CONSORTIUM
22. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
21 as though the same were fully set forth at length herein,
22, As a result of Defendant's negligence, Plaintiff has been deprived of the society,
companionship, contributions, and consortium of his common law wife, Linda Ritter, to his great
detriment and loss.
23, As a result of Defendant's negligence, Plaintiff has incurred and will in the future
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incur large medical bills and expenses to treat his wife's injuries.
24. As a result of Defendant's negligence, Plaintiff has suffered a disruption in his daily
habits and pursuits and a loss of enjoyment oflife,
25. As a result of Defendant's negligence, Plaintiff has suffered and/or continues to
suffer from his common law wife's loss of earnings and/or earning capacity and/or may in the
future suffer from her loss of earnings and/or earning capacity,
WHEREFORE, Plaintiff demands judgement against Defendants in an amount in excess of
the mandatory arbitration limits,
COUNT ill
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
25. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
24 as though the same were fully set forth at length herein.
26. At the time of the aforesaid accident, Plaintiff was the common law husband of the
injured, Linda Ritter,
26. At the time of the aforesaid accident, Plaintiff was driving in his vehicle directly in
front of the injured, Linda Ritter in her vehicle, He saw in his rearview mirror the two cars
colliding and the injured's car crash into a cement wall. Plaintiff subsequently got out of his car,
and ran over to the car where his common law wife, Linda Ritter was, Plaintiff observed the
results ofthe accident and remained with his common law wife while waiting for the ambulance,
27, As a direct and proximate result of Defendant's negligence and Plaintiff's sensory
and contemporaneous observation of both the accident and the injures to his common law wife,
Plaintiff experienced severe emotional distress and extreme mental pain and suffering,
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WHEREFORE, Plaintiff demands judgement against Defendants in an amount in excess of
the mandatory arbitration limits,
Respectfully Submitted,
Date: II ILl 0 I
FORD ORR
By:
Paul Bradford Orr, Esquire
Attoruey for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID # 71786
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Clarence W, Shields, Ir"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
Mark T. Blackburn,
Progressive Insurance, and Farmers
New Century Insurance Company,
c/o Beverly, Incorporated,
Defendants
No.:
JURY TRIAL DEMANDED*
CERTIFICATE OF SERVICE
I hereby certify that on this date, November 13, 2001, I mailed a true copy of Complaint
to the following person at the following address by U.S, Mail, Certified mail, postage prepaid,
return receipt requested, delivered to addressee only:
Veronica Shirk
Progressive Insurance
5053 Ritter Road, Suite 101
Mechanicsburg, P A 17055
Mark T. Blackburn
2330 Dusty Lane
Enola, P A 17025
PAUL BRAD ORD ORR, ESQUIRE
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Clarence W. Shields, Jr.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
Mark T. Blackburn,
Progressive Insurance, and Farmers
New Century Insurance Company,
c/o Beverly, Incorporated,
Defendants
No.:
JURY TRIAL DEMANDED.
VERIFICATION
The undersigned hereby certiJY that the foregoing statements with are within my personal
knowledge are true and those which are based on information received from others is believed to
be true. It is understood that fulse statements herein are made su~ect to the penalties of 18 Pa.
C.S.A. g 4904, relating to unsworn falsification to authorities.
~~-?<<Y
Clarence Shields t7 7
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CLARENCE W. SHIELDS, JR.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO.: 01.6411 Civil Term
MARK T. BLACKBURN,
PROGRESSIVE INSURANCE, and
FARMERS NEW CENTURY
INSURANCE COMPANY, c/o
BEVERLY, INCORPORATED,
Defendants.
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANT
PROGRESSIVE INSURANCE
1. On or about November 13, 2001, Plaintiff, Clarence W. Shields, Jr.,
commenced this action by filing a Complaint.
2. The Complaint arises out of an automobile accident that occurred on
February 25, 2000, at approximately 7:30 p.m., at the intersection of Old Willow Mill
Road and Wertzville Road, Mechanicsburg, Pennsylvania.
3. The accident occurred when a vehicle owned by the Plaintiff was being
operated by Linda K. Ritter and collided with a vehicle being operated by Defendant,
Mark T, Blackburn.
4, The Complaint contains three counts, one for negligence, one for loss of
consortium, and one for negligent infliction of emotional distress.
5. All three counts seek recovery based upon the alleged "negligence" of the
Defendants.
6, No allegation exists in the Complaint that Progressive was involved in the
accident.
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7, As a matter of law, a Claimant cannot maintain a direct action against an
insurance carrier that insures a tortfeasor involved in an accident. See, e.g., Strutz v.
State Farm Mutual Insurance Company, 415 Pa,Super, 371,609 A.2d 569 (1992).
WHEREFORE, Defendant Progressive Insurance urges this Honorable Court to
grant the preliminary objection and dismiss it from the action.
Respectfully submitted,
By:
NEALON & GOV
Date: II- zf-j/
James G. Nealon, III, Esquire
1.0. #: 46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
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CERTIFICATE OF SERVICE
AND
NOW, this rXfJI1- day of November, 2001, I
hereby certify that I have
served the foregoing PRELIMINARY OBJECTIONS on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Paul Bradford Orr, Esquire
THE LAW OFFICES OF PAUL BRADFORD ORR
50 East High Street
Carlisle, PA 17013
FARMERS NEW CENTURY INSURANCE COMPANY
c/o Beverly, Inc.
P.O. Box 4838
Timonium, MD 21094
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JAMES G. NEALON, III, ESQUIRE
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CLARENCE W. SHIELDS, JR.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO.: 01-6411 Civil Term
MARK T. BLACKBURN,
PROGRESSIVE INSURANCE, and
FARMERS NEW CENTURY
INSURANCE COMPANY, c/o
BEVERLY, INCORPORATED,
Defendants.
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of Defendants Mark T.
Blackburn and Progressive Insurance with regard to the above-captioned matter,
Respectfully submitted,
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By:
Date:
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James G. Nealon, III, Esquire
1.0.#:46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
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CERTIFICATE OF SERVICE
AND NOW, this 42!!-day of November, 2001, I
hereby certify that I have
served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
Paul Bradford Orr, Esquire
THE LAW OFFICES OF PAUL BRADFORD ORR
50 East High Street
Carlisle, PA 17013
FARMERS NEW CENTURY INSURANCE COMPANY
c/o Beverly, Inc.
P.O. Box 4838
Timonium, MD 21094
Cl-
JAMES G. NEALON, III, ESQUIRE
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CLARENCE W. SHIELDS, JR.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
'NO.: 01-6411 Civil Term
MARK T. BLACKBURN,
PROGRESSIVE INSURANCE, and
FARMERS NEW CENTURY
INSURANCE COMPANY, c/o
BEVERLY, INCORPORATED,
Defendants.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANT
PROGRESSIVE INSURANCE
1. On or about November 13, 2001, Plaintiff, Clarence W. Shields, Jr.,
commenced this action by filing a Complaint.
2. The Complaint arises out of an automobile accident that occurred on
February 25, 2000, at approximately 7:30 p.m., at the intersection of Old Willow Mill
Road and Wertzville Road, Mechanicsburg, Pennsylvania.
3. The accident occurred when a vehicle owned by the Plaintiff was being
operated by Linda K. Ritter and collided with a vehicle being operated by Defendant,
Mark T. Blackburn.
4. The Complaint contains three counts, one for negligence, one for loss of
consortium, and one for negligent infliction of emotional distress.
5. All three counts seek recovery based upon the alleged "negligence" of the
Defendants.
6. No allegation exists in the Complaint that Progressive was involved in the
accident.
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7. As a matter of law, a Claimant cannot maintain a direct action against an
insurance carrier that insures a tortfeasor involved in an accident. See, e.g., Strutz v.
State Farm Mutual Insurance Company, 415 Pa.Super. 371,609 A.2d 569 (1992).
WHEREFORE, Defendant Progressive Insurance urges this Honorable Court to
grant the preliminary objection and dismiss it from the action.
Respectfully submitted,
NEALON & GOV
By:
Date: II- zfJI
James G. Nealon, III, Esquire
I.D. #: 46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
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CERTIFICATE OF SERVICE
AND
NOW, this r;fgll- day of November, 2001, I
hereby certify that I have
served the foregoing PRELIMINARY OBJECTIONS on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Paul Bradford Orr, Esquire
THE LAW OFFICES OF PAUL BRADFORD ORR
50 East High Street
Carlisle, PA 17013
FARMERS NEW CENTURY INSURANCE COMPANY
c/o Eleverly, Inc.
P.O. Box 4838 .
Timonium, MD 21094
Ci-
JAMES G. NEALON, III, ESQUIRE
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CLARENCE W. SHIELDS, JR.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO.: 01.6411 Civil Term
MARK T. BLACKBURN,
PROGRESSIVE INSURANCE, and
FARMERS NEW CENTURY
INSURANCE COMPANY, c/o
BEVERLY , INCORPORATED,
Defendants.
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TOTHE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of Defendants Mark T.
Blackburn and Progressive Insurance with regard to the above-captioned matter.
Respectfully submitted,
Ci-
By:
Date: 112frOl
James G. Nealon, III, Esquire
1.0.#:46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
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CERTIFICATE OF SERVICE
AND NOW, this ~d~;'Of N~-~~ber, 2001, I hereby certify that I h~~~---
served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
Paul Bradford Orr, Esquire
THE LAW OFFICES OF PAUL BRADFORD ORR
50 East High Street
Carlisle, PA 17013
FARMERS NEW CENTURY INSURANCE COMPANY
c/o Beverly, Inc.
P.O. Box 4838
Timonium, MD 21094
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JAMES G. NEALON, III, ESQUIRE
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CLARENCE W. SHIELDS, JR.
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
v.
DOCKET NO: 01-6411
MARK T. BLACKBURN,
PROGRESSIVE INSURANCE, AND
FARMERS NEW CENTURY
INSURANCE COMPANY, CIO
BEVERLY, INCORPORATED
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of Defendant, Farmers New Century
Insurance Company, ONLY.
MARSHALL & HADDICK, P.C.
Dated; !i ~ ~ 2
ar:ca
Charles E. Haddick, Jr., Esquire
Attorney 1.0. No: 55666
Lori Adamcik Kariss, Esquire
Attorney 1.0. No:
20 South 36th Street
Camp Hill, PA 17011
(717) 731-4800
Counsel for Farmers New Century
Insurance Company, ONLY
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CERTIFICATE OF SERVICE
AND NOW, this l2.. day of February, 2002, I, Charles E. Haddick, Jr., Esquire,
hereby certify that I did serve a true and correct copy of the foregoing I upon all counsel of
record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid,
at Harrisburg, Pennsylvania, addressed as follows:
By First-Class Mail:
James Nealon, Esquire
Nealon and Gover
2411 North Front Street
Harrisburg, PA 17110
Paul Bradford Orr, Esquire
50 East Street
Carlisle, PA 17013
Charles E. Haddick, Jr., Esquire
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CLARENCE W. SHIELDS, JR.,
Plaintiff
vs.
MARK T. BLACKBURN,
PROGRESSIVE INSURANCE,
AND FARMERS NEW CENTURY:
INSURANCE COMPANY, c/o
BEVERLY, INCORPORATED,
Defendants
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 01..6411 Civil Term
PRAECIPE TO DISCONTINUE ACTION
To the Prothonotary:
Please mark the above captioned matter settled and discontinued between the parties.
Dated: 1 I f.
2002
Paul Bradford Orr, Esquire
, Attorney I.D. No. 71786
50 East High Street
Carlisle, P A 17013
Counsel for Plaintiff
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