HomeMy WebLinkAbout91-3053 CivilAPOCALYPTIC THINKER Shiloh
Harry William Theriault, for
Himself and as Fiduciary for ;
Others as a Class of Plaintiffs
and Petitioners
V.
PRE-APOCALYPTIC THINKERS, as
Themselves and as a Class of
Defendants and Respondents,
Including but Not Limited to the :
Following Residents and/or
Officials of the Commonwealth ;
or State of Pennsylvania, United :
States of America: (1) RAYMOND L. :
GOVER,Publisher, THE PATRIOT-NEWS :
COMPANY; (2) PETE SHELLEM,
Reporter; (3) IRVIN KITTRELL,
III, Reporter; (4) JOHN TROUTMAN, ;
City Editor; (5) DALE A.
DAVENPORT, Editor; (6) JOHN A.
KIRKPATRICK, Editor; (7) DONALD :
A. GRIES, SR., Usurpator, WORLD :
OF CARPETS, INC.; (8) LLOYD H. ;
MORGAN, Co-Usurpator; (9) BENJAMIN
R. JONES a/k/a "Major Zero";
(10) ARTHUR T. McDERMOTT &
ASSOCIATES, Attorneys; (11) Squire
JOHN L. PERRY; (12) GREGORY J.
TRAYER; (13) DAVE WILEY; (14) SANDY:
SGRIGNOLI; (15) WILLIAM J. KING, :
JR., Esquire; (16) SIDNEY I.
KELLAM, Owner of Summerdale Plaza; :
(17) SHIRLEY E. KELLAM, Wife of :
Owner, Summerdale Plaza;
(18) Policeman MICHAEL GWIRTZ of :
West Fairview Borough; (19) Mayor :
EUGENE SHADLE, West Fairview;
(20) Policeman FLOYD MORROW, of :
Wormleysburg Borough; (21) Chief :
RICHARD DOUGHERTY of East
Pennsboro-Township; (22) JOHN FREY,:
Chief of Detectives, East
Pennsboro; (23) Detective LANDIS, :
East Pennsboro; (24) ROBERT V.
MANLOVE, District Justice of Camp
Hill; (25) Squire JOHN M. SHUGARS; :
(26) Squire HERSCHEL LOCK;
(27) CAROL J. LINDSAY, Esquire of :
"FLOWER, KRAMER, MORGENTHAL &
FLOWER"; (28) Squire MARKIAN R.
SLOBODIAN OF "McNEES, WALLACE
& NURICK"; (29) Chief Public .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defender and Candidate Judge ;
TAYLOR P. ANDREWS of Cumberland :
County; (30) ELLEN BARRY, Assistant:
Public Defender; (31) ROBERT B. :
MacINTYRE, Esquire of "MacINTYRE & :
MacINTYRE";(32) GUY J. DePASQUALE, :
Esquire; (33) SHAWN WAGNER,
Esquire, District Attorney's :
Office, Cumberland County; :
(34) Sheriff TOM KLINE of :
Cumberland County; (35) Judge :
EDGAR BAYLEY of Cumberland County; :
(36) Judge GEORGE HOFFER of
Cumberland County; (37) Judge
KEVIN HESS, Cumberland County;
(38) President Judge HAROLD SHEELY
of Cumberland County; (39) SCOTT D.:
MOORE, Assistant Public Defender;
(40) H. ANTHONY ADAMS, Assistant
Public Defender; (41) ANDREA I. :
KONOW, Assistant Public Defender;
(42) TIMOTHY L. CLAWGES,Assistant
Public Defender; (43) Banker :
WILLIAM J.KING, SR.; (44) DAVID R. :
GETZ, Esquire of "WIX, WENGER, :
WEIDNER, FENSTERMACHER & GUNNISON";:
(45) DONEGAL MUTUAL INSURANCE :
COMPANY; (46) Ex -Governor RICHARD
("DICK") THORNBURGH; (47) Governor
ROBERT CASEY; (48) BARBARA J. :
SMITH, Chief of Equity, DEPARTMENT
OF EDUCATION; (49) SCHOOL DISTRICT
FOR CUMBERLAND COUNTY
NO. 3053 CIVIL 1991
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 3 r�L day of November, 1993, upon consideration
of certain Defendants' Preliminary Objections to Plaintiff's
Complaint, as well as the briefs submitted on the matter, the
preliminary objections are GRANTED as indicated in the accompanying
Opinion, and Plaintiff's Complaint is DISMISSED as to those
Defendants.
BY THE COURT,
J esley Oler, J J. r
Court Administrator
Cumberland County
Court House
Carlisle, PA 17013
Shiloh Harry William Theriault,
Plaintiff
No. 90987-131
P.O. Box 700
Minersville, PA 17954
Craig J. Staudenmaier, Esq.
North Market Square Bldg.
P.O. Box 840
Harrisburg, PA 17108
Attorney for Defendants Glover,
Shellem, Kettrell, Troutman,
Davenport, Kirkpatrick
Arthur McDermott, Esq.
50 East High Street
Carlisle, PA 17013
Attorney for Defendants Donald Gries, Sr.,
Morgan, Perry
Benjamin R. Jones
417 State Road
West Fairview, PA 17025
Gregory J. Trayer
c/o World of Carpets
4735 Enola Road
Newville, PA 17241-9748
Dave Wiley
c/o World of Carpets
4735 Enola Road
Newville, PA 17241-9748
Sandy Sgrignoli
c/o World of Carpets
4735 Enola Road
Newville, PA 17241-9748
Thomas A. French, Esq.
1 South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
Attorney for Defendants
William J. King and
William J. King, Jr.
Carol Lindsay, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Defendants
Sidney I. Kellam and
Shirley E. Kellam
Frank J. Lavery, Jr., Esq.
130 Locust Street
P.O. Box 811
Harrisburg, PA 17108-0811
Attorney for Defendants Gwirtz,
Shadle, Morrow, Dougherty, Frey,
Landis
John Shugars, Esq.
3207 North Front Street
Harrisburg, PA 17110
Herschel Lock, Esq.
3207 North Front Street
Harrisburg, PA 17110
David E. Lehman, Esq. and
Michael R. Kelley, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Attorneys for Defendant Slobodian
David J. Lanza, Esquire
C. Roy Weidner, Jr., Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendants Andrews,
Barry, Kline, Moore, Adams,
Konow, Clawges
Howard M. Holmes, Esq.
Office of Pennsylvania Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
Attorney for Defendants Bayley,
Hoffer, Hess, Sheely, Manlove
David R. Getz, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Michael S. Grab, Esq.
109 S. Market Street
Elizabethtown, PA 17022
Attorney for Defendant Donegal
Mutual Insurance Company
Richard Thornburgh, Esq.
240 North Third Street
Harrisburg, PA 17101
Amy Putnam, Esq.
17th F1. Harristown II
333 Market Street
Harrisburg, PA 17101
Attorney for Defendants Casey, Smith
Joseph A. Ricci, Esq.
1323 North Front Street
Harrisburg, PA 17102
Attorney for Defendant MacIntyre
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APOCALYPTIC THINKER Shiloh
Harry William Theriault, for
Himself and as Fiduciary for
Others as a Class of Plaintiffs
and Petitioners
V.
PRE -APOCALYPTIC THINKERS, as :
Themselves and as a Class of
Defendants and Respondents, :
Including but Not Limited to the
Following Residents and/or
Officials of the Commonwealth
or State of Pennsylvania, United
States of America: (1) RAYMOND L.
GOVER,Publisher, THE PATRIOT -NEWS
COMPANY; (2) PETE SHELLEM, :
Reporter; (3) IRVIN KITTRELL, :
III, Reporter; (4) JOHN TROUTMAN,
City Editor; (5) DALE A. :
DAVENPORT, Editor; (6) JOHN A. :
KIRKPATRICK, Editor; (7) DONALD
A. GRIES, SR., Usurpator, WORLD :
OF CARPETS, INC.; (8) LLOYD H.
MORGAN, Co-Usurpator; (9) BENJAMIN
R. JONES a/k/a "Major Zero"; :
(10) ARTHUR T. McDERMOTT & :
ASSOCIATES, Attorneys; (11) Squire
JOHN L. PERRY; (12) GREGORY J. :
TRAYER; (13) DAVE WILEY; (14) SANDY:
SGRIGNOLI; (15) WILLIAM J. KING, :
JR., Esquire; (16) SIDNEY I. :
KELLAM, Owner of Summerdale Plaza;
(17) SHIRLEY E. KELLAM, Wife of
Owner, Summerdale Plaza; :
(18) Policeman MICHAEL GWIRTZ of
West Fairview Borough; (19) Mayor
EUGENE SHADLE, West Fairview; :
(20) Policeman FLOYD MORROW, of
Wormleysburg Borough; (21) Chief
RICHARD DOUGHERTY of East :
Pennsboro'Township; (22) JOHN FREY,:
Chief of Detectives, East
Pennsboro; (23) Detective LANDIS,
East Pennsboro; (24) ROBERT V.
MANLOVE, District Justice of Camp
Hill; (25) Squire JOHN M. SHUGARS;
(26) Squire HERSCHEL LOCK;
(27) CAROL J. LINDSAY, Esquire of
"FLOWER, KRAMER, MORGENTHAL &
FLOWER"; (28) Squire MARKIAN R.
SLOBODIAN OF "McNEES, WALLACE :
& NURICK"; (29) Chief Public
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defender and Candidate Judge
TAYLOR P. ANDREWS of Cumberland :
County; (30) ELLEN BARRY, Assistant:
Public Defender; (31) ROBERT B. :
MacINTYRE, Esquire of "MacINTYRE & :
MacINTYRE";(32) GUY J. DePASQUALE, :
Esquire; (33) SHAWN WAGNER, :
Esquire, District Attorney's :
Office, Cumberland County;
(34) Sheriff TOM KLINE of :
Cumberland County; (35) Judge :
EDGAR BAYLEY of Cumberland County; :
(36) Judge GEORGE HOFFER of :
Cumberland County; (37) Judge :
KEVIN HESS, Cumberland County;
(38) President Judge HAROLD SHEELY
of Cumberland County; (39) SCOTT D.:
MOORE, Assistant Public Defender;
(40) H. ANTHONY ADAMS, Assistant
Public Defender; (41) ANDREA I. :
KONOW, Assistant Public Defender;
(42) TIMOTHY L. CLAWGES,Assistant
Public Defender; (43) Banker :
WILLIAM J.KING, SR.; (44) DAVID R.
GETZ, Esquire of "WIX, WENGER, :
WEIDNER, FENSTERMACHER & GUNNISON";:
(45) DONEGAL MUTUAL INSURANCE :
COMPANY; (46) Ex -Governor RICHARD
("DICK") THORNBURGH; (47) Governor
ROBERT CASEY; (48) BARBARA J. :
SMITH, Chief of Equity, DEPARTMENT
OF EDUCATION; (49) SCHOOL DISTRICT
FOR CUMBERLAND COUNTY
Oler, J.
NO. 3053 CIVIL 1991
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS
BEFORE OLER, J.
OPINION AND ORDER OF COURT
At issue in the present case are preliminary objections by
many of the numerous defendants named in a Complaint filed by
Shiloh Harry William Theriault (Plaintiff). More specifically, the
following defendants have filed preliminary objections to the
No. 3053 Civil 1991
Complaint that are now to be disposed of:' Michael Gwirtz, Mayor
Eugene Shadle, Richard Dougherty, John Frey, Detective Landis,
Floyd Morrow, Robert MacIntyre, Barbara J. Smith, Robert P. Casey,
Carol J. Lindsay, David R. Getz, Richard Thornburgh, Sidney I.
Kellam, Shirley E. Kellam, William J. King, William J. King, Jr.,
Donegal Mutual Insurance Company, Markian R. Slobodian, McNees,
Wallace & Nurick, Hershel Lock, John M. Shugars, Guy J. DePasquale,
Raymond L. Gover, The Patriot News Company, Pete Shellem, Irvin
Kittrell, III, John Troutman, John A. Kirkpatrick, Dale A.
Davenport, Judges Edgar B. Bayley, George E. Hoffer, Kevin A. Hess,
and Harold E. Sheely, and District Justice Robert V. Manlove. With
the exception of Michael Gwirtz, Mayor Eugene Shadle, Richard
Dougherty, John Frey, Detective Landis and Floyd Morrow, the above-
named defendants have all filed preliminary objections in the form
of a motion to dismiss Plaintiff's Complaint due to improper
service of process. These preliminary objections are based upon
the fact that a copy of the Complaint was served upon the
defendants via "First Class U.S. Mail."' Additionally, Defendants
Gwirtz, Shadle, Dougherty, Frey, Landis and Morrow have filed a
preliminary objection in the nature of a demurrer.
1 Other preliminary objections which may have been filed in
this case have not yet been listed for argument and, therefore, are
not before the Court at this time. See Order of Court, July 7,
1993.
2 Plaintiff's Petition, paragraph 22.
4
No. 3053 Civil 1991
In response to these preliminary objections, Plaintiff has
filed a "Rule 401(b)(1) Motion or Petition and Supporting Brief to
Strike All Pleadings of All Defendants," contending that this Court
"is without jurisdiction over the defendants to hear their
responses ....i3 For the reasons set forth in this Opinion, the
defendants' preliminary objections are granted.
On September 5, 1991, Plaintiff filed a 230 -page Complaint
which contained 482 paragraphs and named fifty-two parties as
defendants. Plaintiff allegedly brought this action as a
representative of "all putative members of the aggrieved class,i"
with this class being designated as "the first Apocalyptarians on
this planet, because they are beginning to think Apocalyptically.i'
In his Complaint, Plaintiff sets forth "the simplest definition of
a beginning Apocalyptarian (as] somebody who knows the difference
between the FALSE FIRST COMMANDMENT of the jealous preacher Moses,
*'I the Lord you God am a jealous God,' and the REAL FIRST
COMMANDMENT of our eternally unjealous Creator, '*Let there be
light.ir6 Plaintiff avers that each of the fifty-two defendants
named in his Complaint "is a person or individual who does not yet
know or understand the Apocalyptic difference between the False
3 Plaintiff's Petition, paragraph 3.
° Plaintiff's Complaint, paragraph 3.
5 Plaintiff's Complaint, paragraph 6.
6 Plaintiff's Complaint, paragraph 9.
3
No. 3053 Civil 1991
First Commandment of the jealous politician Moses ... and the Real
First Commandment of their eternally unjealous Creator."' Thus,
Plaintiff avers, "each such defendant is a worshipper of Jealousy,
... and this is what they are enforcing through their behavior as
their religion and politics against the plaintiffs and others,
sincerely believing it to be God in many instances, whereas it is
the devil, since jealousy never did any good in this world, and is
incapable of doing good.i8
Plaintiff's Complaint also sets forth thirty-four Counts
against the numerous defendants in which Plaintiff alleges causes
of action ranging from libel, unfair trade practices and
monopolizing competition methods, perjury, subornation of crimes,
theft by deception and deprivation of property, retail theft,
unauthorized use of business insignia, credit card fraud and
company telephone abuse, public nuisance erection and utility pole
violations, false arrest, intentional abuse of eavesdropping law,
attorney malpractice, and manipulation of evidence and time by
judges and others.' Additionally, Plaintiff is seeking "monetary,
injunctive, declaratory, equitable or mandatory relief ...
' Plaintiff's Complaint, paragraph 35.
8 Plaintiff's Complaint, paragraph 36.
' By no means is this meant to be an exhaustive list of the
causes of action which Plaintiff attempts to set forth in his
Complaint.
4
No. 3053 Civil 1991
exceeding more than a Half Billion Dollars ($500,000,000).1110
Initially, the Court will address the motion to dismiss due to
improper service of process which has been filed by most of the
defendants." Pennsylvania Rule of Civil Procedure 400(a) provides
that "original process shall be served within the Commonwealth only
by the sheriff." In this regard, "[t]he rules relating to service
of process must be strictly followed, and jurisdiction of the court
over the person of the defendant is dependent upon proper service
having been made." Sharp v. Valley Forge Medical Center and Heart
Hospital, Inc., 422 Pa. 124, 127, 221 A.2d 185, 187 (1966).
Furthermore, "the return [of service] itself is required to set
forth service in conformance with the Rules." Id. On this issue,
the Commonwealth Court of Pennsylvania has recently held that
dismissal of a complaint is proper when it was sent to the
defendant via certified mail because such service did not comply
with the requirements set forth in Rule 400. Mooney v.
Commonwealth of Pennsylvania, Borough of West Mifflin, 134 Pa.
Commw. 557, 578 A.2d 1384 (1990).
In light of the requirements of Rule 400, and in light of the
case law applying this rule, the defendants' motion to dismiss
Plaintiff's Complaint due to improper service of process must be
granted. Plaintiff sent copies of his Complaint to the above named
10 Plaintiff's Complaint, paragraph 2.
11 See text following note 1 supra.
5
No. 3053 Civil 1991
defendants via the mail. As stated in Mooney, such method of
service renders the Plaintiff's Complaint subject to dismissal."
With respect to the demurrer filed by Defendants Gwirtz,
Shadle, Dougherty, Frey, Landis, and Morrow, it is well settled in
Pennsylvania that, to sustain a preliminary objection in the nature
of a demurrer, the Court must find that, "on the facts averred, the
law says with certainty that no recovery is possible, and where a
doubt exists as to whether a demurrer should be sustained, this
doubt should be resolved in favor of overruling it." Scarpitti v.
Weborg, 530 Pa. 366, 369, 609 A.2d 147, 148-49 (1992). In light of
this standard, the allegations of Plaintiff's Complaint, as they
relate to these particular defendants, may be summarized as
follows:
In Count XX of his Complaint, Plaintiff avers that Defendants
Gwirtz, Shadle, Dougherty, Frey, Landis, and Morrow have committed
"Taciteer Influenced Political Corruption", by "remain[ing] silent
or unspoken to the public about the ways in which the taciteers are
tiping one another off behind the scenes of government or any part
of the system of Civilization to do uncivilized things to others
...."13 Moreover, Plaintiff avers, the defendants "traspassed on
12 It should also be noted that this Court has not been
provided with a return or proof of service indicating that service
has been made upon the defendants in conformance with the Rules of
Civil Procedure.
13 Plaintiff's Complaint, paragraph 313.
6
No. 3053 Civil 1991
the rights and violated the equity that the Apocalyptically
thinking plaintiffs herein are constitutionally entitled to enjoy,
... since all of the defendants have, in one way or another,
refused to adhere to the Stable Definition Factor in the public
laws which writtenly guarantee the human rights transgressed
defendantly.i14 In this Count, Plaintiff demands "Declaratory
Judgment and Ancillary Relief against the defendants requiring them
to adhere to the STABLE DEFINITION FACTOR in the public laws.""
In Count XXII of the Complaint, Plaintiff avers that
Defendants Gwirtz and Morrow, while wearing their police uniforms
"along with handcuffs and very `bad attitudes' showing in their
faces and way of swaggering, huffing and a -puffing, did intensely
burst through the front door of [Plaintiff's] World of Carpets
enterprise and menacingly [approached] the supreme decision -maker
of such private enterprise, [Plaintiff].i16 At this time,
Plaintiff avers, Defendants Gwirtz and Morrow prevented Plaintiff
from proceeding to his office, and thus frustrated Plaintiff's
attempts to comply with an alleged court order.17
In Count XXIII of his Complaint, Plaintiff avers that
14 Plaintiff's Complaint, paragraph 314. In paragraphs 316
through 319 of his Complaint, Plaintiff attempts to set forth an
explanation of the Stable Definition Factor.
15 Plaintiff's Complaint, Count XX, Wherefore clause.
16 Plaintiff's Complaint, paragraph 336.
17 Plaintiff's Complaint, paragraph 340.
7
No. 3053 Civil 1991
Defendants Gwirtz, Morrow, Dougherty, Frey and Landis falsely
arrested him on May 2, 1991.18 In so contending, Plaintiff
challenged the warrant upon which his arrest was based by stating
that District Justice Robert V. Manlove signed the criminal
complaint as the Complainant and also as the Issuing Authority.19
As such, Plaintiff contends, the "Warrant was invalid at the time
of the arrest. I"' In this Count, Plaintiff also avers that
Defendant Shadle's "taciteer influence and political corruption
caused the police deterioration in West Fairview borough that
Patrolman Gwirtz was now running for Shadle as the chief of the
only police left in that borough: Gwirtz himself. "21 Additionally,
Plaintiff contends that "he was cast in [the Cumberland County
Prison] and kept from posting any sort of reasonable bail by every
unconstitutional tactic their corrupt political machine could
conjure up with their pre -Apocalyptic thinking and the Jealousy of
the devil on which it fed. ,22
Under Section 221(1) of the Political Subdivision Tort Claims
Act, "no local agency shall be liable for any damages on account of
an injury to a person or property caused by any act of the local
18 Plaintiff's Complaint, paragraph 343.
19 Plaintiff's Complaint, paragraph 344.
20 id.
21 Plaintiff's Complaint, paragraph 347.
22 Plaintiff's Complaint, paragraph 350.
C
No. 3053 Civil 1991
agency or an employee thereof or any other person." Act of October
5, 1980, P.L. 693, 42 Pa. C.S. §8541. Moreover, "[a]n employee of
a local agency is liable for civil damages on account of any injury
... caused by acts of the employee which are within the scope of
his office or duties only to the same extent as his employing local
agency." Id., 42 Pa. C.S. §8545. In this regard. where an action
is "brought against an employee of a local agency for damages on
account of an injury ... based upon claims arising from, or
reasonably related to, the office or the performance of the duties
of the employee, the employee may assert ...
... [t]he defense that the conduct of the
employee which gave rise to the claim was
authorized or required by law, or that he in
good faith reasonably believed the conduct was
authorized or required by law.
Act of October 5, 1980, P.L. 693, 5221(1), 42 Pa. C.S. 58546.
Furthermore, the defense of "[official] immunity may be raised by
preliminary objections in the nature of a demurrer where it is
apparent on the face of the pleading that the cause of action does
not fall within any of the exceptions to [official] immunity."
Gallagher v. City of Phila., 142 Pa. Commw. 487, 492, 597 A.2d 747,
749 (1991x.
The Act further provides eight specific acts by a local agency
which "may result in the imposition of liability on a local
agency," 23 and specifically states that the official immunity
23 See 42 Pa. C.S. 58542(b).
0
No. 3053 Civil 1991
provided therein shall not apply where "it is judicially determined
that the act of the employee caused the injury and that such act
constituted a crime, actual fraud, actual malice or willful
misconduct." Id. Act of October 5, 1980, P.L. 693, §221(1), 42
Pa. C.S. §8550. These exceptions to the rule of immunity "must be
narrowly interpreted given the expressed legislative intent to
insulate political subdivisions from tort liability." Mascaro v.
Youth Study Center, 514 Pa. 351, 361, 523 A.2d 1118, 1123 (1987).
In light of the specific provisions of the Political
Subdivision Tort Claims Act, and in light of the requirement that
the exceptions to official immunity be narrowly construed, this
Court cannot say that Plaintiff's Complaint has pled facts
sufficient to avoid the immunity created by the Act or, for that
matter, to state a recognizable cause of action. Initially, it
should be noted that there is no duty imposed upon Defendants to
"adhere to the Stable Definition Factor." Moreover, the conduct of
which Plaintiff complains does not fit into one of the eight acts
for which local agency immunity has been waived. Finally, the
actions of Defendants Gwirtz, Morrow, Dougherty, Frey and Landis
were conducted pursuant to a warrant signed by District Justice
Manlove, and, as such, this Court cannot say that such actions
constituted a crime, actual fraud, actual malice or willful
misconduct. Consequently, the preliminary objection of Defendants
Gwirtz, Shadle, Dougherty, Frey, Landis and Morrow must be
10
No. 3053 Civil 1991
sustained.
ORDER OF COURT
AND NOW, this 312e& day of November, 1993, upon consideration
of certain Defendants' Preliminary Objections to Plaintiff's
Complaint, as well as the briefs submitted on the matter, the
preliminary objections are GRANTED as indicated in the accompanying
Opinion, and Plaintiff's Complaint is DISMISSED as to those
Defendants.
BY THE COURT,
J Wesley Oler Jr. J.
Court Administrator
Cumberland County
Court House
Carlisle, PA 17013
Shiloh Harry William Theriault,
Plaintiff
No. 90987-131
P.O. Box 700
Minersville, PA 17954
Craig J. Staudenmaier, Esq.
North Market Square Bldg.
P.O. Box 840
Harrisburg, PA 17108
Attorney for Defendants Glover,
Shellem, Kettrell, Troutman,
Davenport, Kirkpatrick
Arthur McDermott, Esq.
50 East High Street
Carlisle, PA 17013
Attorney for Defendants Donald Gries, Sr.,
Morgan, Perry
11
No. 3053 Civil 1991
Benjamin R. Jones
417 State Road
West Fairview, PA 17025
Gregory J. Trayer
c/o World of Carpets
4735 Enola Road
Newville, PA 17241-9748
Dave Wiley
c/o World of Carpets
4735 Enola Road
Newville, PA 17241-9748
Sandy Sgrignoli
c/o World of Carpets
4735 Enola Road
Newville, PA 17241-9748
Thomas A. French, Esq.
1 South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
Attorney for Defendants
William J. King and
William J. King, Jr.
Carol Lindsay, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Defendants
Sidney I. Kellam and
Shirley E. Kellam
Frank J. Lavery, Jr., Esq.
130 Locust Street
P.O. Box 811
Harrisburg, PA 17108-0811
Attorney for Defendants Gwirtz,
Shadle, Morrow, Dougherty, Frey,
Landis
John Shugars, Esq.
3207 North Front Street
Harrisburg, PA 17110
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No. 3053 Civil 1991
Herschel Lock, Esq.
3207 North Front Street
Harrisburg, PA 17110
David E. Lehman, Esq. and
Michael R. Kelley, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Attorneys for Defendant Slobodian
David J. Lanza, Esquire
C. Roy Weidner, Jr., Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendants Andrews,
Barry, Kline, Moore, Adams,
Konow, Clawges
Howard M. Holmes, Esq.
Office of Pennsylvania Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
Attorney for Defendants Bayley,
Hoffer, Hess, Sheely, Manlove
David R. Getz, Esq.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Michael S. Grab, Esq.
109 S. Market Street
Elizabethtown, PA 17022
Attorney for Defendant Donegal
Mutual Insurance Company
Richard Thornburgh, Esq.
240 North Third Street
Harrisburg, PA 17101
Amy Putnam, Esq.
17th Fl. Harristown II
333 Market Street
Harrisburg, PA 17101
Attorney for Defendants Casey, Smith
13
No. 3053 Civil 1991
Joseph A. Ricci, Esq.
1323 North Front Street
Harrisburg, PA 17102
Attorney for Defendant MacIntyre
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14