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WINIFRED DEARDORFF,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY,
t/d/b/a TSC FARM HOME AND
AUTO STORE,
NO. 1S- J;I:!{
((t .( II ~. ~Jv. ,1;)'---"
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Defendant
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 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 judgment 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. 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse - 4th Floor
One Courthouse Square
carlisle, PA 1701J-JJB7
(717) 240-6200
WINIFRED DEARDORFF,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY,
t/d/b/a TSC, FARM HOME AND
AUTO STORE,
NO.
Defendant
JURY TRIAL DEMANDED
NOTIOIl\
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas sugnuientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 par abogado y archivar en la corte en forma
escrita sus de fens as 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 alivio que es pedido
en la petic!on de demand a . Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland county Courthouse - 4th Floor
One Courthouse Square
Carlisle, PA 17013-33B7
(717) 240-6200
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WINIFRED DEARDORFF,
Plaintiff
:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY,
t/d/b/a TSC FARM HOME AND
AUTO STORE,
NO.
Defendant
JURY TRIAL DEMANDED
C 0 K P L A I N T
1. Plaintiff Winifred Deardorff is an adult individual
residing at 322 Reno Street, New Cumberland, Pennsylvania.
2. Defendant Tractor Supply Company, previously known as TSC
Industries, Inc. (hereinafter "TSC") is a corporation with its
principle office located at 320 Plus Park Boulevard, Nashville,
Tennessee, and which regularly conducts business in Pennsylvania
and maintains a store at 1188 Spring Road (Route 34), CarliSle,
CUmberland County, Pennsylvania.
3. All of the facts and occurrences hereinafter related took
f
place on or about March 17, 1993 at approximately 11:30 a.m. at the
TSC Farm, Home & Auto Store on Spring Road located in CarliSle,
Cumberland County, Pennsylvania.
4. At that time and place, a ramp existed near the
entrance/exit to the TSC Farm Store and was attached to a concrete
pad immediately outside the doors to the store.
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5.
Although a roof existed over the concrete pad, it did not
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extend over the handicap/access ramp.
6. The handicap/access ramp was constructed of asphalt and
extended down from the elevation of the concrete pad and extended
down into and ending at the level of the parking lot.
7. At that time and place, the ramp was wet from a light
rain which had fallen in the morning and melting snow in the area.
B. At that time and place, the ramp did not have any signs
or marking warning patrons of the existence or steepness of the
ramp nor did it have any handrails or guards for use by patrons
using the ramp.
9. At that time and place, Plaintiff Winifred Deardorff was
descending the aforementioned ramp when she slipped on the steep
slope causing her to fall violently to the ground.
10. Immediately following her fall, Plaintiff Winifred
Deardorff was transported by ambulance to Carlisle Hospital for
treatment, which examination revealed a comminuted fracture of the
right shoulder among other injuries.
11. The aforementioned fall and the resulting injuries
sustained by plaintiff Winifred Deardorff were the direct and
proximate result of the wanton, careless, reckless, and negligent
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conduct of Defendant in the maintenance and inspection of its
premises as followo:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
12.
Failing to properly maintain its premises by having
a handicapped ramp in an area of substantial foot
traffic with an unreasonably steep slope;
Failing to properly maintain its premises by having
a handicapped ramp in an area of substantial foot
traffic with a surface which did not provide
sufficient skid resistance;
Failing to properly maintain its premises by having
a handicapped ramp in an area of substantial foot
traffic with poor contrast, thus, creating an
unsafe condition when used by business invitees in
a foreseeable manner;
Failing to properly maintain its premises by having a
handicapped ramp in an area of substantial foot traffic
without appropriate handrails for business invitees
traversing the steep ramp;
Failing to inspect its premises to determine
whether there were any conditions which could
pose a hazard to business invitees;
Failing to properly warn its business invitees of
any possible hazards associated with their
traversing the handicapped ramp;
Failing to take proper measures for the elimination
of hazards to business invitees that were known or
should have been known to exist;
Failing to observe and follow the BOCA National
Building Code; and
Failing to exercise the high degree of care that a
landowner owes to business invitees utilizing the
premises for its intended purposes.
Plaintiff Winifred Deardorff sustained painful and severe
injuries which include, but are not limited to, a comminuted
J
fracture to the right proximal humerus that required
hemiarthroplasty (humeral head replacement).
13. By reason of the aforesaid injuries sustained by
plaintiff Winifred Deardorff, she was forced to incur liability for
medical treatment, medications, surgeries, surgical consultations,
physical therapy and similar miscellaneous related medical expenses
in an effort to restore herself to health, and claim is made
therefor.
14. Because of the nature of her injuries, Plaintiff Winifred
Deardorff has been advised and, therefore, avers that she may be
forced to incur similar expenses in the future, and claim is made
therefor.
15. As a result of the aforesaid injuries, plaintiff Winifred
Deardorff has undergone and in the future will undergo great
physical and mental suffering, great inconvenience in carrying out
her daily activities, loss of life's pleasures and enjoyment, and
claim is made therefor.
16. As a result of the aforesaid injuries, Plaintiff Winifred
Deardorff has been and in the future will be sUbject to great
humiliation and embarrassment, and claim is made therefor.
17. As a result of the aforesaid injuries, Plaintiff Winifred
Deardorff has sustained scars which will result in permanent
disfigurement, and claim is made therefor.
4
VERIFICATION
I, WINIFRED DEARDORFF, Plaintiff, have read the foregoing
COMPLAINT and do hereby swear or affirm that the facts set forth in
the foregoing are true and correct to the best of my knowledge,
information and belief. I understand that this Verification is
made sUbject to the penalties of IB Pa. C.S. S4904, relating to
unsworn falsification to authorities.
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DATED: ?-ahllJ I'll;}. ;2'0 19tJ5
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SIIElllFF'S RE'IURN
CCM1Ct'MEAL'n1 OF PENNSYINIINI^:
COONTY OF CLMBERLllND
Tn the Court of Common Pleas of
CUllberland County. Pennsylvanin
No. 95-505 Civil Term
Complaint in Civil Action Law and
Not ice
Winifred Deardorff
vs
TSC Industries. Inc. and Tractor Supply
Company t/d/b/a TSC Farm HOOle and Auto Sales
Robert L. Fink. Sr.
. ~~Deputy Sheriff of
CUmberland County, Pennsylvania. WhO being duly sworn according to law, says.
that he served the within Complaint in Civil Action Law and Notice
TSC Industries. Inc. and Tractor Supply
Upon Company t/d/b/a TSC Farm Home and. The defendant at 9:40
Auto Sales
A .M. EST / 1lOOCK. on the 02 day of February
o'clock
, 19~ at
!lBB Spring Road. Carlilse, PA ,Cunberland County,
pennsylvania. by handing to Sue Sheaffer. Receiver and adult in charge of
defendant's usual place of business at time of service
a true and attested copy of the Canplaintin Civi~' Action Law and Notice
and at the sane time directing
her attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
lB.OO
2.80
So answe~ ~
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R. Thomas Kline. Sheriff
2.00
22.80 Pd. by Atty.
2-03-95
Sworn and subscribed to before me
this /3~ day of J"~l
19 1 {' A.D.
CL,,_ 0 ~il!.~ .,J"JT::'
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by r~56-~~~
Deputy Sheriff
Prothonotary
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BNTRY OP APPBARANCB
TO THE PROTHONOTARY:
Please enter my appearance for Defendants in the above-
captioned case.
POST << SCHELL, P.C.
Paul w. Grego, Es
I.D. Number: 397
101 North Front Street
Harrisburg, PA 17101
(717 232-5931
Counsel for Defendants
Dated: c?-/O~r5
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CERTIFICATE OF SERVICE
I, Donna M. Rineer, an employee of the law firm of Angino &
Rovner, P.C., do hereby certify that I am this day serving a true
and correct copy of the foregoing AFFIDAVIT OF SERVICE upon all
interested parties, via postage pre-paid, first class United states
mail, addressed as follows:
Paul W. Grego, Esquire
POST & SCHELL, P.C.
101 North Front Street
HarriSburg, PA 17101
[) (fhma ~. 'fJ-UYl~ W
Donna M. R neer
Dated: g,RJ/1.LUlA-:J. ~;;I, /qq5
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WINIFRED DEARDORFF, .
.
.
.
Plaintiff :
:
v. :
.
.
TSC INDUSTRIES, INC. and :
TRACTOR SUPPLY COMPANY, .
.
t/d/b/a TSC FARM HOME AND :
AUTO STORE, .
.
.
.
Defendants .
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 505 Civil 1995
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Plaintiff
and her attorney,
Michael E. Kos~k, Esquire
4503 N. Front St.
Harrisburg, PA 17110
You are hereby noticed to plead to the enclosed Answer and New
Matter within twenty (20) days of service hereof or a default may
be entered against you.
POST << SCHELL, P.C.
]' . (
, /Ulll.LIJ..--rLX<,9c---
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Paul W. Grego, Esquire
I.D. Number: 39701
101 N. Front st.
Harrisburg, PA 17101
(717) 232-5931
Counsel for Defendants
Date: 3}o/tJS
"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WINIFRED DEARDORFF,
I CIVIL ACTION - LAW
I
I NO. 95505
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I JURY TRIAL DEMANDED
Plaintiff
v.
TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY,
t/d/h/a TSC FARM HOME AND
AUTO STORE,
Defendants
ANSWER AND NEW MATTER
NOW INTO COURT, through undersigned counsel, comes the
Defendants, who, in answer to the Complaint of the Plaintiff,
respectfully represents that:
1, After reasonable investigation, answering Defendants lacks
information or knowledge sufficient to form a belief as to the
truth of ,the averments contained in this paragraph and same are
therefore denied, strict proof being demanded at trial, if
relevant,
2, Admitted,
3, After reasonable investigation, answering Defendants lacks
information or knowledge sufficient to form a belief as to the
truth of the averments contained in this paragraph and same are
therefore denied, strict proof being demanded at trial, if
relevant,
4-6, Admitted,
7, After reasonable investigation, answering Defendants
lacks information or knowledge sufficient to form a belief as to
the truth of the averments contained in this paragraph and same are
I
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"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WINIFRED DEARDORFF,
CIVIL ACTION - LAW
Plaintiff
v.
NO. 95505
TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY,
t/d/b/a TSC FARM HOME AND
AUTO STORE,
JURY TRIAL DEMANDED
Defendants
ANSWER AND NEW MATTER
NOW INTO COURT, through undersigned counsel, comes the
Defendants, who, in answer to the Complaint of the Plaintiff,
respectfully represents that:
1, After reasonable investigation, answering Defendants lacks
information or knowledge sufficient to form a belief as to the
truth of the averments contained in this paragraph and same are
therefore denied, strict proof being demanded at trial, if
relevant,
2, Admitted,
3, After reasonable investigation, answering Defendants lacks
information or knowledge sufficient to form a belief as to the
truth of the averments contained in this paragraph and same are
therefore denied, strict proof being demanded at trial, if
relevant,
4-6, Admitted,
7, After reasonable' investigation, answering Defendants
lacks information or knowledge sufficient to form a belief as to
the truth of the averments contained in this paragraph and same are
"
therefore denied, strict proof being demanded at trial, if
relevant,
8-9, Legal conclusions which require no answer, Where an
answer is deemed to be required, after reasonable investigation,
answering Defendants lacks information or knowledge sufficient to
form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant,
10, After reasonable investigation, answering Defendants
lacks information or knowledge sufficient to form a belief as to
the truth of the averments contained in this paragraph and same are
therefore denied, strict proof being demanded at trial, if
relevant,
11-lB, Legal conclusions which require no answer, Where an
answer is deemed to be required, after reasonable investigation,
answering Defendants lacks information or knowledge sufficient to
form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant,
NEW MATTER
19, The Plaintiff may have failed to state a cause of action
upon which relief can be granted,
20, The applicable Statute of Limitations may have expired
prior the institution of this action,
21, Answering Defendants were not negligent,
22, Any acts or omission of answering Defendants alleged to
constitute negligence were not substantial causes or factors of the
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subject incident and/or did not result in the injuries and/or
losses alleged in by the Plaintiff,
23, The incident and/or damages described in Plaintiff's
Complaint may have been caused or contributed to by the Plaintiff,
24, The negligent acts or omissions of other individuals
and/or entities may have constituted intervening, superseding
causes of the damages and/or injuries alleged to have been
sustained by the Plaintiff,
25, The Plaintiff may have assumed the risk,
26,
The
Plaintiff may have been contributorily
negligent.
27, The incident, injuries and/or damages alleged to have
been sustained by the Plaintiff were not proximately caused by
Answering Defendants,
28, Plaintiff may not have properly mitigated her damages,
WHEREFORE, Defendants, prays that the Complaint be
dismissed, at the cost of the Plaintiff,
Respectfully submitted,
POST & SCHELL, P.C,
,) .. / .6
iJCuJ(G ALe:. qr:-
Paul W, Grego, E~uire
I,D, No, 39701
101 N, Front St,
Harrisburg, PA 17101
(717) 232-5931
Counsel for Defendants
Date: l/lDli ')--
VERIFICATION
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I, THOMAS 0, FLOOD, do hereby swear and affirm that the facts and matters
set forth In the foregoing Answers and New Matter are true and corrl3ct to the best of
my knowledge, information, and belief, The undersigned understands that the
statements made therein are made subject to the penalties of 18 PA. C S, ~904
relating to unsworn falsification to authorities,
DATE: March 1, 1995
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THOMAS O. FLOOD .
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IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WINIFRED DEARDORFF,
Plaintiff
TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY,
t/d/b/a TSC FARM HOME AND
AUTO STORE,
Defendants
NO. 95-505-CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIFF'S RBPLY TO DBFBNDl\NTS' NEW MATTBR
AND NOW, Plaintiff, Winifred Deardorff, by and through her
attorneys, Angina & Rovner, P.C., hereby responds to Defendants'
New Matter as follows:
19. This averment is a conclusory allegation unsupported by
any factual statements, and therefore, it is denied. To the extent
that a further response may be deemed necessary, it is specifically
denied that Plaintiff's Complaint fails to state a cause of action
upon which relief can be granted. To the contrary, it is averred
that Plaintiff's Complaint does set forth a cause of action
averring negligence of the Defendants, resulting in Plaintiff
Winifred Deardorff's injuries.
20. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that the applicable
statute of limitations had expired prior to the institution of this
action. The cause of action giving rise to Plaintiff's injuries
6442B/OHR
occurred on March 17, 1993, with suit being filed on January 27,
1995, and service being made on the Defendants on February 2, 1995,
well within the two-year statute of limitations which applies to
this action. 42 Pa.C.S.A. S5524.
21. Denied. This averment is a mixed conclusion of fact and
law to which no responsive pleading is required. To the extent
that a response may be deemed proper, it is specifically denied
that the Defendants were not negligent. To the contrary, it is
averred that Defendants were negligent, as set forth in Plaintiff's
complaint.
22. Denied. This averment is a mixed conclusion of fact and
law to which no responsive pleading is required. To the extent
that a response may be deemed proper, it is specifically denied
that any acts or omissions on the part of the answering Defendants
did not constitute negligence or were not substantial causes or
factors in Plaintiff Winifred Deardorff's accident and resulting
injuries. To the contrary, it is averred that Plaintiff's accident
was a direct result of the Defendants' negligent conduct, as set
forth in Plaintiff's complaint, and the acts and omissions alleged
on the part of the Defendants were the direct cause of Plaintiff's
injuries and losses.
23. Denied. This averment is a mixed conclusion of fact and
law to which no responsive pleading is required. To the extent
2
that a response may be deemed proper. it is specifically denied
that Plaintiff Winifred Deardorff caused or contributed to the
happening of the accident or any damages which she sustained.
24. Denied. This averment is a mixed conclusion of fact and
law to which no responsive pleading is required. To the extent
that a response may be deemed proper, it is specifically denied
that any alleged yet unspecified negligent act or omissions of
alleged yet unidentified individuals or entities may constitute
intervening or superseding causes for Plaintiff Winifred
Deardorff's injuries or damages. To the contrary, it is averred
that Plaintiff's injuries were a direct result of the negligent
acts of the Defendants identified in Plaintiff's Complaint and not
as a result of the acts or omissions of any other unidentified
individuals or entities.
25. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiff Winifred
Deardorff assumed the risk of injuries she sustained. By way of
further response, Plaintiff Winifred Deardorff was not aware of the
dangerous condition which existed nor in any way contemplated being
injured. Therefore, it is denied that she could have vOluntarily
assumed the happening of the accident or the risk of injuries which
she sustained.
3
26. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a responss may
be deemed proper, it is specifically denied that Plaintiff Winifred
Deardorff was negligent in any manner upon the cause of action
stated in Plaintiff's Complaint. Therefore, it is denied that she
was comparativelY or contributorily negligent.
27. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that the incident,
injuries or damages sustained by Plaintiff Winifred Deardorff were
not proximately caused by the answering Defendants. To the
contrary, it is averred that all of the accident, injuries, and
damages, as set forth in Plaintiff's Complaint, were directly and
solely as a result of the answering Defendants' negligent conduct.
28. Denied. This averment is a mixed conclusion of fact and
law to which no responsive pleading is required. To the extent
that a response may be deemed proper, it is specifically denied
that Plaintiff Winifred Deardorff failed to properly mitigate her
damages. By way of further response, Plaintiff Winifred Deardorff
avers that at all times she complied with her physicians'
recommendations for treatment and has made every effort to fully
recover from her injuries and to minimize the effect of the injury
on her daily life.
4
WHEREFORE, Plaintiff Winifred Deardorff respectfully requests
this Honorable Court to dismiss Defendants' Answer and New Matter
and enter judgment in her favor against the Defendants.
ch e1 E. K06 k, Esqu re
I. D. No. 36513
4503 North Front street
Harrisburg, PA 17110-1799
(717) 23B-6791
Counsel for Plaintiff
Dated:~
, '
,
VERIFICATION
I, WINIFRED DEARDORFF, Plaintiff, have read the foregoing
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER and do hereby swear or
affirm that the facts set forth in the foregoing are true and
correct to the best of my knowledge, information and belief. I
understand that this Verification is made subject to the penalties
of lB Pa. C.S. ~4904, relating to unsworn falsification to
authorities.
WITNESS:
UP /?7' ;?/~
DATED: ...1 b., /1.5
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
I~~DV 9~~~~~-CIVIL TERM
WINIFRED DEARDORFF,
H~FI 28 2 l5 PfI '95
Pl a i nt iff
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TSC INDUSTRIES, INC. and
TRACTOR SUPPLY COMPANY, t/d/b/a
TSC FARM HOME AND AUTO STORE,
Defendants
PLAINTIFF'S REPLY TO DEFENDANTS'
NEW MATTER
Michael E. Kosik, Esquire
Counsel for Plaintiff
LAW OFFICES
ANGINO & ROVNER. P.C,
4603 NORTH FRONT STREET
HARRISBURG, PENNA, 17110
11171 23B'B191
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WINIFRED DEARDORFF,
Plaintiff
TSC INDUSTRIES, INC, and
TRACTOR SUPPLY COMPANY,
t/d/b/a TSC FARM HOME AND
AUTO STORE,
Defendants
NO, 95-505-CIVIL TERM
JURY TRIAL DEMANDED
P RAE C I P E
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled, satisfied,
and discontinued and issue a Certificate of Settlement,
1cnael E, Kosik, Esquire
I. D, No, 36513
4503 North Front Street
Harrisburg, PA 17110-1799
(717) 23B-6791
"
Counsel for Plaintiff
Dated:
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64427/DMR
,
CERTIFICATE OF SERVICE
I, Donna M, Rineer, an employee of the law firm of Angino &
Rovner, P,C., do hereby certify that I am this day serving a true
and correct copy of the foregoing PRAECIPE TO SETTLE upon all
interested parties, via postage pre-paid, first class United States
mail, addressed as follows:
" ,
I"
, Paul W, Grego, Esquire
--POST & SCHELL, P,C,
1
101 North Front Street
: Harrisburg, PA 17101
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Donna M, Rineer
Dated: lUc,;q) I qqiJ,
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