MERRILL et al v. STATE FARM FIRE AND CASUALTY COMPANY

Filing 11

MEMORANDUM and ORDER granting 5 Motion to Dismiss, with prejudice as to Count II; Motion is granted as to Counts III and IV, without prejudice; Plaintiffs have the right to amend these counts of the complaint within fourteen (14) days from the date of this Order; Should plaintiffs fail to amend, this case will be remanded to the Court of Common Pleas of Westmoreland County, Pennsylvania, without further action; 5 Motion to Strike paragraphs 34, 38, and 41 of the complaint is denied, without prejudice to defendant's right to re-raise this issue should an amended pleading be filed. Signed by Chief Judge Gary L. Lancaster on 2/13/13. (map)

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