LUCKENBAUGH v. SHEARER


362 Pa.Super. 9 (1987)

523 A.2d 399

Donald LUCKENBAUGH and Nancy Luckenbaugh, His Wife v. John SHEARER, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed March 23, 1987.


Attorney(s) appearing for the Case

David Mills, York, for appellant.

Robert C. Spitzer, Harrisburg, for appellees.

Before CIRILLO, President Judge, and ROWLEY, OLSZEWSKI, DEL SOLE, MONTEMURO, BECK, TAMILIA, KELLY and POPOVICH, JJ.


DEL SOLE, Judge:

On April 28, 1983, the plaintiffs commenced a lawsuit against the defendant, John Shearer, Jr. and one Mary Straley, by filing praecipe for writ of summons. The summons was properly served and on July 31, 1984, the plaintiffs' complaint was filed seeking damages from the defendants averring that the defendants either jointly or severally, by applying chemicals to land which they either owned or farmed, had damaged the plaintiffs' well and drinking...

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