Luckenbaugh v. Shearer

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 water supply.

Subsequently, the defendant, Mary Straley, filed preliminary objections in the nature of a demurrer, and the trial…