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HomeMy WebLinkAbout01-2839FRANCES L HAIR *nd : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, : PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEFENDANT : PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS IL LONG, PROTHONOTARY: Please issue a Writ of Summons a~sln~t the def~aants, Weis Markets, I~orponU~l, and enter my appearon~ on behalf of the plain~fs, Fronees L ltsh' and Stephen A. HMr. Please direot the Sheriff to serve the Weis Msrk~s, laeorporsi~d lO00 $on~ Seeond P. O. Box Sunbury, PA 17807 Respectfully submiued, IRWIN, McKNIGHT & HUGHES By: 60 W~t Poml~t Sm~q, Carlisle, PA 17013 I~: Mey 10, 2001 ('/17) 149-2353 - Supr~ue Court I.D. No: 25476 To: WEIS MARKETS, INCORPORATED Yon are hereby notified that Frances I. Hair ~ Stephen A. Hair, plaintiffs, have commenced aLm~*t you which you are required ~o defend or a default jud~nt may be PROTI:IONOT~[RY DEPUTY Date: =~.a... / o .2001 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant FRANCES I. HAIR and STEPHEN A. IN THE COURT OF COMMON PLEAS OF HAIR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-2839 v. CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO'. Plaintiffs and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: t~. {2 -~1~ t~l~l..~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attomeys for Defendant DATE:~/~'/D/ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant FRANCES I. HAIR and STEPHEN A. IN THE COURT OF COMMON PLEAS OF HAIR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-2839 v. CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER WITH NEW MAT'I'ER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 2. Admitted. 3. It is admitted the Plaintiff was in the Defendant's store on the date alleged. The Plaintiff's purpose for being there is unknown to Defendant. 4. Denied. It is admitted that the Plaintiff reported falling near the meat case. Exactly how and why she fell and what injuries, if any, she sustained are unknown to Defendant. 5. Denied. It is denied that the floor contained "significant moisture' or that said moisture had been there for any significant period of time. It is denied that the floor in the area where the Plaintiff reported falling was in the process of being mopped, although there was a store employee mopping the floor some distance away. Wet floor signage was in place in the area where the employee was mopping the floor. 6. Admitted with qualification. Weis Markets owns the property at the alleged location and operates a grocery store there. 7. Admitted in part with qualification and denied in part. The building at the alleged location was constructed for Weis Markets' use as a grocery store and the store is used by a large number of customers. It is denied that Weis Markets failed in any manner to use appropriate flooring for its store. To the contrary, the flooring in the East High Street location is appropriate for its intended use. It is further denied that Weis Markets knew or should have known of any particular problem with this store or its flooring or that Weis Markets did or did not do anything which exposed its customers to a high degree of risk. 8. Denied pursuant to Pa.R.C.P. 1029(e). 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. These allegations represent conclusions of law to which no response is required. By way of further answer, it is admitted that many customers frequent the Defendant's grocery store and it is possible for moisture to get on the floor. 11. Denied. After reasonable investigation, Defendant is without knowledge or informetion sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 12. Denied. These allegations represent conclusions of law to which no response is required. 13(a)-(g). It is denied that the Defendant was negligent or breached any duty to the Plaintiff in any of the ways set forth in this paragraph or its subparts. 14. No response required, however, the Defendant denies that it is responsible for any of the Plaintiff's medical expenses. 15. No response required, however, the Defendant denies that it is responsible for any of the Plaintiff's alleged injuries or damages. 16. Denied. It is denied that the Defendant is in any way responsible for injuries or damages to either of the Plaintiffs on any theory of recovery. As to the allegation of marriage, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed without cost to it. 17. The condition of the Defendant's premises on the date and at the time of the Plaintiff's alleged incident was open and obvious and, therefore, the Defendant owed the Plaintiff no duty. 18. All of the Plaintiff's alleged injuries and/or damages were or may have been pre- existing and were not caused by the alleged incident set forth in the Complaint. 19. At the time of the incident set forth in Plaintiffs' Complaint, Mrs. Hair was already off from work due to a pre-existing back condition which prohibited her from working at that time. 20. No conduct on the part of the Defendant or any of its agents, servants or employees was a substantial factor in bringing about the injuries and/or damages alleged. 21. The Plaintiffs have or may have failed to mitigate their losses. 3 22. The Defendant had no knowledge or notice of the alleged moisture on the floor and, therefore, the Defendant is not legally responsible for the injuries and damages set forth in Plaintiffs' Complaint. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed without cost to it. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ~' ~'' Kevin C. McNamare, Esquire I.D.#72868 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 /p/d Attomeys for Defendant DATE: C~ / 4 VERIFICATION r,r=~ ..'~--r~e~tate that I am an authorized representative of WEIS MARKETS, INC., that I make this Verification on behalf of Defendant WEIS MARKETS, INC., and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is tree and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. WEIS MARKETS, INC. DATE: :1571.1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage .~. prepaid, on the ~'''day of ~;[ v~3 ~' ,2001: Mamus A. McKnight, itl, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfmt Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire :13~8~.1 5 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number. 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attomeys for Defendant FRANCES I. HAIR and STEPHEN A. IN THE COURT OF COMMON PLEAS OF HAIR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-2839 v. CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attomeys for Defendant in the above matter. Respectfully submitted, THOMAS, THOMAS & .AFER, LLP Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ~ day of ,2001: Marcus A. McKnight, III, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire :133749.1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamam, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant FRANCES I. HAIR and STEPHEN A. IN THE COURT OF COMMON PLEAS OF HAIR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-2839 v. CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant RULE TO FILE A COMPLAINT TO: Plaintiffs and Plaintiffs' counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). Prothonotary DATE: THOMAS, THOMAS & HAFER, LLP Kevin C. McNamam, Esquire Identification Number. 72668 305 North Front Sheet P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant FRANCES I. HAIR and STEPHEN A. IN THE COURT OF COMMON PLEAS OF HAIR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-2839 v. CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, THOMA~ THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D.#72668 305 No;th Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Affomeys for Defendant DATE: ~/~;~/O / CERTIFICATE OF SERVICE I, Kevin C. McNamam, Esquire, hereby certify that I have sewed a true and correct copy of the foregoing PRAEClPE FOR RULE TO FILE A COMPLAINT and RULE TO FILE A COMPLAINT on the following person by placing same in the United States mail, postage prepaid, onthe(~ dayof ,,~-~_ 2001: Marcus A. McKnight, III, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Kavin C. McNamara, Esquire :133750.1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02839 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAIR FRANCES I ET AL VS WEIS MARKETS INC 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: WEIS MARKETS INCORPORATED but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 14th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: So answersj.~- __. Docketing 18.00 ~~"-~-~'" ..~. ..... ~-/ out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Northumberland 28.62 Sheriff of Cumberland County .00 65.62 06/ 4/2001 IRWIN MCKNIGHT & HUGHES Sworn and subscribed to before me this 2~~ day of ~_______ A.D. g ! Prothonotary' PLAINTIFF: HAIR, FRANCES I. & HAIR, STEPHEN A. CASE #: 01 NO 2839 P: CTY FILED: CUMBERLAND VS: FILE DATE: 01/05/10 DEFENDANT: WEIS MARKETS, INCORPORATED DATE RECEIVED: 01/05/29 D: 1000 S. SECOND STREET ASSIGNED TO: i DEF D: SUNBURY, PA 17801 LAW FIRM: CUMBERLAND D: D: EXPIRES: 2001/06/09 : SHERIFF'S RETURN : I HEREBY CERTIFY AND RETU~ I SERVED: WEIS MARKETS INCORPORATED BY }~ING A TRUE AND ATTESTED COPY OF THE WITHIN: PHAECIPE & WRIT OF SUMMONS PERSON SERVED: JOHN FENSLER ~O~1~ DATE SERVED: 2001/0S/30 A_ D. ~' TIME: 11:00 AN : CAPACITY: CORPORATE COUNSEL : ~' Oomm. Exp. ls~ Mon. PLACE SERVED: 1000 S. SECOND ST., SUNBURY, PA 17801 COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : HIM THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: PIDCOE, DWAYNE BY: In The Court of Common Pleas of Cumberland County, Pennsylvania Francis I. H~ir, ~, al. Weis Marke~s Inc. No. Now, 5/16/0~ ,20 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof NorthumBerland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon by banding to : ._.: a copyofthe original :' '.: .. and made known to the conten~ thereof. :.' ' .~.5 -.c . ,.: So answers, ~"" Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of ,20 MILEAGE AFFIDAVIT FRANCES L HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, : Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : 01-2839 CIVIL TERM : WEIS MARKETS INCORPORATED, : CIVIL ACTION - LAW Defendant : 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 a.~er this complaint, order 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 money claimed in thc 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, 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Amc~icam with Disabfliti,~ Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arranooements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, : Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA : v. : 01-2839 CIVIL TERM : WEIS MARKETS INCORPORATED, : CIVIL ACTION - LAW Defendant : COMPLAINT AND NOW, this 27th day of June 2001 come the plaintiffs, Frances I. Hair and Stephen A. Hair, by and through their attorneys, In, An, McKnight & Hughes, and makes the following Complaint against the defendant, Weis Markets Incorporated: The plaintiffs are Frances I. Hair and Stephan A. Hair, her husband, who are adult individuals residing at IS80 Pine Road, Carlisle, Pennsylvania 17013. The defendant, Weis Markets Incorporated, a Corporation with its principal offices located at I000 South Second Street, P. O. Box 471, Sunbury, Pennsylvania 17807. At approximately 9:30 p.m. on May 13, 1999, plaintiff, Frances I. Hair, entered the Weis Market Stere situate at 35 ! East High Street, Carlisle, Pennsylvania i 7013 in order to do some shopping. 2 o The plaintiffentered the store and as the plaintiffwas rounding the end of an isle near the meat case, she slipped and fell causing severe injuries to her le~ knee, neck and back. The plaintiff fell on an area of the floor containing significant moisture which had been present for a significant period of time. At the time of the fall, the floor was being mopped. No signs were placed warning of the wet floor. The defendant, Weis Markets Incorporated, is the owner and/or manager of the real estate and store located at 351 East High Slreet, Carlisle, Pennsylvania in which the Weis Market Store is located. The defendant constructed the building and failed to use flooring which did not become slippery when exposed to moisture. The defendant knew of or should have known that moisture on the floor created a high degree of risk to the large number of customer-invitees of which the plaintiffwas one. A large number of people had been injured on said floor prior to the date of the plainfiWs fall on May 13, 1999. The defendant knew or should have known of the dangerous condition which existed on the premises it owned which was occupied by defendant Weis Markets Incorporated. 3 10. The defendant had a duty to provide safe flooring within the food store premises which it new would invite a large amount of foot ~raffic and which would also have occasion to have moisture fall onto the floor from various activities within the grocery store. 11. As a result of the fall, the plaintiff sustained injuries to her iei~ knee, neck and back. 12. The injuries sustained by the plaintiffwere the proximate cause of the negligence of the defendant, Weis Markets Incorporated. 13. The defendant was negligent in that it breached its duty of care to the plaintiff, Frances I. Hair, as follows: a. The defendant failed to use flooring which provided a safe footing even when moisture was present on the floor. b. The defendant failed to adequately manage or supervise the maintenance of the floor of the premises which became moist and very slippery resulting in injuries to the plaintiff. c. Failure to adequately warn the plaintiffofthe slippery floors. d. Failure to adequately maintain the floor area upon which the plaintiff fell. e. Failure to remove the moisture from the floor which created the dangerous slippery condition. f. Failure to repair or replace the flooring despite the number of people injured by falling on said floor. g. Failure to adequately provide for the clean up of said moisture and the failure of any supervision to correct the problem. 4 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. FRANCES I. HAIR Date: June 27, 2001 FRANCES I. HAIR and : IN 'I'HE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, : Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : 01-2839 CIVIL TERM ; WEIS MARKETS INCORPORATED, : CIVIL ACTION - LAW Defendant : CERTIFICATE OF SERVIC_~. I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of at~ached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafts, LLP 305 North Front Street, Sixth Floor P. O. Box 999 Harrisburg, PA 17108 IRWIN, McKNIGHT & HUGHES By: ~re Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 27, 2001 FRANCES I. HAIR and : IN THE COURT O!~ COMMON PLEAS OF STEPHEN A. HAIR, : Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : 01-2839 CIVIL TERM *_ WEIS MARKETS INCORPORATED, : CIVIL ACTION - LAW Defendant : ANSWER TO NEW MATTER AND NOW, this 9th day of August 2001 come the Plaintiffs, FRANCES I. HAIR and STEPHEN A. HAIR, and makes the following Answer to New Matter of the Defendant, WEIS MARKETS INCORPORATED, as follows: 17. The averments of fact contained in paragraph seventeen (I 7) of the New Matter of the Defendant are specifically denied. On the conlrary, the floor of the Defendant's store was wet and no signs warning of the condition had been placed in the area of the wet floor. 18. The averments of fact contained in paragraph eighteen (18) of the New Matter of the Defendant are specifically denied. On the contrary, the fall aggravated her back injury and seriously increased the pain and damage to her left knee. 19. The averments of fact contained in paragraph nineteen (19) of the New Matter of the Defendant are admit£ed. 20. The averments of fact contained in paragraph twenty (20) of the New Matter of the Defendant are specifically denied. On the conlrary, the Defendant through its employees knew of the wet conditions of the floor and failed to take prompt action to remove the area of moisture or to warn customers as they approached the area. 21. The aw..ents of fact contained in paragraph twenty one (21) of the New Matter of the Defendant are specifically denied. On the contrary, the plaintiff, Francis I. Hair, sought immediate medical a'eatment. 22. The averments of fact contained in paragraph twenty two (22) of the New Matter of the Defendant are specifically denied. On the contrary, the Defendant's employees knew or should have known of the wet conditions of the floor. WHEREFORE, the plaintiffs, FRANCES I. HAIR and STEPHEN A. HAIR, requests damages in excess of Twenty Five Thousand and no/100 ($25,000.00) Dollars against the Defendant, WEIS MARKETS INCORPORATED, plus costs and interest as provided by law. Respectfully submitted, By: Mare-us A. MeKnl~re 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Plaintiffs 2 VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are flue and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penaltie~ of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. FRANCES I. HAIR Date: August 9, 2001 FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, : Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : 01=2839 CIVIL TERM : WEIS MARKETS INCORPORATED, : CIVIL ACTION = LAW Defendant : CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to New Matter was served upon the following by depositing a txue and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pomsylvania, on the date referenced below and addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafor, LLP 305 North Front Street, Sixth Floor P. O. Box 999 Harrisburg, PA 17108 IRWIN, MeKNIGHT/~ HUGHES Carlisle, PA (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 10, 2001 FRANCES !. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, : Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA : v. : 01-2839 CIVIL TERM : WEIS MARKETS INCORPORATED, : CIVIL ACTION - LAW Defendant : PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled m~d c'iscontinued and issue a Settlement Certificate to Marcus A. McKnight, III. Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted,  GHT & HUGHES By~ Carlisle, Pennsylvania 17013 (717) 249-.2353 Date: March 19, 2002