HomeMy WebLinkAbout95-01091
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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AMY FAHNESTOCK,
Plaintiff
No. 95-1091 Civil Term
VB,
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JEROMY L. STEIGLEMAN
Defandant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court In
this case will sit for the purpose of their appointment on Thursday, March 21, 1996,In the
Second Floor Hearing Room of the Old Courthouse, Two Courthouse Square, Carlisle,
Pennsylvania, commencing at 9:30 A.M,
All parties are reminded of the requirements of Pa, R, Civ, p, 1305.
Board of Arbitrators
Dated: I //J../ f 6
By:~#1~'-
Fred H. Hait, Esq"Chair, 249-4500
Marcus A, McKnight, III, Esq.
Stephan Tiley, Esq.
Ron Turo. Esquire
Counsel for Plaintiff
32 South Bedford Straet
Court Administrator's Office
Bulletin Board
Prothonotary's Office
John J, McGrath. Esq,
Attorney for Defendant
McKlssock & Hoffman
1700 Market Street
Suite 3000
Philadelphia PA 19103-3930
v.
NO. 95-1091
CIVIL
19
AMY FAHNESTOCK,
P 1 a in tif f
W TilE COURT OF Cme-ION PLEAS OF
CL'lIBERLAND COU:,TY, PENNSYLVA.'lIA
JEROMY L. STEIGLEMAN,
Defendant
RULE 1312-1, The Petition for Appoin~ment of Arbltrators shall be substantially
in the follo"ing form:
PETITIu.. FOR APPOINTI1ENT OF ARBITRATORS
'1'0 TilE Uf1NORABLE, TilE JUDGES OF SAID COURT:
the above
1-
2.
, counse~ for ehe plaintiff/cl..meiuolollDClX in
action ~X~IUt)l, respectfully represents that:
The above-captioned action ~:dKlili:l'CllI)( is~)(at issue,
The claim of the plaintiff in the action is S 25,000.00
The counterclaim of the defendant in the action is 0.00
Ron TUr.o
The following attorneys arc interested in the case(s) as counselor are other-
wise disqualified to si: ~s arb. ~ratorsr
John J. McGrath, Esquir.e
WHE~EFORE. your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whum the tase shall be submitted.
R~~.
ORDER OF COURT ~4 -r.... cPk''-1.I.I-f-
AND NOW, .2) LLlrn.&:/C. /..j, 19ti.
foregoing petition, 1- Ji.l_d 11/1/'-f
Esq.. and /J1f1fl.LJi. /Y) U/J/?Jl/.Esq.,
in consideration of the
Esq., flSPAf.JV' / //C_)j
arc appointed arbitrators in the
above-captioned action (or actions) as prayed for,
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8HIllRX~~'S RB~URN
CABS: NO. 1995-01091 P
COMMONWIilAL'1'H o~ PIllNNSYLVAtn:A'
COUN'1'~ o~ CUMBIll~O
S'AHN&lS'1'OCIC AMY
VS.
STBIQLEMAN 3EROMY L
H%eHAIllL B>l.IUUCIC
. 8h.~~~r or Deputy Bha~~~r o~
.
CUMBGRLAND county. penngy1vania, who being du1y gwo~nacco~ding
to 1aw. aayg, that ho garvQd tho w1thin
WIU'1' oS' SUMMONS
upon S'1'G%CLEHAN JGROH~ L
th..
da:e'G1ndant, at
945:00 HOURS, on the ~6th day or M~reh
.
192.ll. at
129 W1ll8'1' P%NIll S'1'RBG'1'
H~ HOLL~ SP~%NCS. PA 17065
county. penngy1vania, by handing to
W%S'G O~ JGROHY L. S'1'Ill%CLEHAN
,CUHBGRLAND
MARCARE~ c. S'1'G%GLGMAN
,
a true and attaatad copy or the
WIUT oS' SUMMONS
.
and at tho gama time d~r.ct~ng Har attention to the contanta tharaor.
ShorJ.t:'S:-'a.C:OlltIlZ
Dock..ting
Service
At't:'idavit
Surcharge
1B.OO
3.92
.00
2.00
So angw.t:~1 ~
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R. Thomaa K~~nQ, shorirr
$:<:3.9:<: RON '1'URO
03/17/1995 ~ .,..-,
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by 'Z'l~~p ,~/~l~
oeputYvSh"~;l.t't' .
Sworn and Dubacr.:Lbad to barorA mo
thig ;l,2.....( day ot' '1/11.....1____
19 1( A.D.
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~ I PC'othonot'a~
McKISSOCK & HOFFMAN, P.C.
BY: John J. McGrath
Identification No. 42389
105 North Front street
suite 205
Harrisburg, PA 17101
(717) 234-0103
Attorney for Defendant
AMY FAHNESTOCK
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VB.
JURY TRIAL DEMANDED
.
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JEROMY L. STEIGLEMAN
NO. 95-1091 CIVIL TERM
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance as attorney for defendant,
Jeromy L. Steigleman, in the above matter.
P.C.
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McKISSOCK & HOFFMAN, P.C.
BY: John J. McGrath
Identification No. 42389
105 North Front street
suite 205
Harrisburg, PA 17101
(717) 234-0103
Attorney for Defendant
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AMY FAHNESTOCK
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VB.
JURY TRIAL DEMANDED
JEROMY L. STEIGLEMAN
NO. 95-1091 CIVIL TERM
PRAECIPE TO FILE COMPLAINT
TO THE PROTHONOTARY:
within
of Non
Please enter a Rule upon plaintiff to file a complaint
twenty (20) days hereof or suffer the entry of a Judgment
Pros.
McKISSOCK & HOFFMAN, P.C.
BY: ~..t ~'}i(~~At,
(~hn J. McGrath
----------------------------------------------------------------
RULE TO FILE COMPLAINT
AND NOW, this /(1 day'of r; It ').LlJ-C , 1995, a RUle
is hereby granted upon plaintiff to file q)Complaint herein
within twenty (20) days after service hereof of suffer the entry
of a Judgment of Non Pros.
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AMY FAHNESTOCK,
PlnintllT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
,
,
: NO, 95.1091 CML TERM
: JURY TRIAL DEMANDED
JEROMY L, STEIG LEMAN,
Defendnnt
NOTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the elnlms set forth In the
foUowlng pages, you must toke action within twenty (20) days after tWs Complnint and Notice ore 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 ngnlnst you, You ore warned that if you fnll to do so the CllSe
may proceed without you and ajudgment may be entered against you by the Court without further notice
for any money clnlmed in the Complaint or for any other clnlm or relief requested by the PlnintllT. 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
A 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
Cumberlnnd County Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240.6200
AMY FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95.1091 CML TERM
: JURY TRIAL DEMANDED
v,
JEROMY L, STEIGLEMAN,
Defendant
COMPLAINT
1. The Plaintiff, Amy Fahnestock, Is an adult individual currently residing at 14 Holly Street,
Mt. Holly Springs, Cumberland County, Pennsylvnnln, 17065,
2, The Defendant, Jeromy L, Stelglemnn, Is an adult indivlduallnst known residing at 129
West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvnnln, 17065.
3, On March 4, 1993, the Plaintiff was the driver of a 1989 Chevrolet vehicle with a
Pennsylvnnln registration,
4. On March 4, 1993, the Defendant was the driver of a 1986 Dodge vehicle owned by
Edward Steiglemnn,
5, At approximately 3:14 P,M, on the nflernoon of March 4, 1993, the PlnlntllT, Amy
Fahnestock, was lawfully driving in the above-referenced vehicle on South Hanover Street near Rolling
Drive in the Borough of Carlisle, Cumberland County, Pennsylvnnln.
6, At the same time and plnee, the Defendant, was driving his vehicle in the same direction
on South Hanover Street inunediately behind the Plnlntiff.
7. As Plaintiff appronched the intersection at South Hanover Street and Roiling Drive, the
I Plnlntlff came to a complete and lawful stop behind another vehicle being driven by another operator who
stopped for a vehicle turning len across South Hanover Street,
8, The Defendant, following the Plnlntiff, failed to come to a complete stop behind the
Plaintiff and struck her vehicle In the rear of the vehicle, thus causing an accident,
9. Defendant Willi negligent and reckless in the operation of his vehicle as follows:
A. Failure to drive vehicle at a safe speed;
B, Failure to properly Msure a clear distance ahead while operating his vehicle;
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C, Fnilure to keep nIert and maintain a proper look out for other traffic:
D, Fnilure to maintaln proper control and operation of his vehicle;
E. Failure to obey properly posted speed and stop signs or traffic light:
F. WDB negligent and reckless under the existing circumstances.
10, As a result of the accident caused solely by the negligence and carelessness of Defendant,
Jeromy L, Stelgleman, Plaintiff, Amy Falmestock has sustained personal Il\iuries which include but are not
limited to neck iqjuries, back iqjuries, strain, discomfort, headaches and head iqjurles,
11. As a result ofthe accident, Plaintiff Amy Fahnestock, WDB physically impaired and remains
impaired os of the date of this Complaint which prevents her from performing nil or substantially nil of the
material acts or duties which constitute DB usual and customary dally activities and usual and customary
employment activities,
12, As a result of the accident, Plaintiff, Amy Fahnestock, has incurred rell80llllble and
necessary medical expenses to correct the personal iqjurles referred to above.
13. As a result of the lICCident caused solely by Defendant's negligent and careless operation
of his vehicle, Plaintiff has sustained or may sustain the foliowing damages:
A. PDBt and future pnln and sulTering;
B, Pll8t and future loss of life's el\ioymcnt;
C, Pll8t and future mental anxiety, embarrassment, and humlliatlon;
D, Past and future incidental costs;
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Ii is hereby demanded,
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Past and future lost of earnings;
Future loss of earning capacity,
F,
14,
Plaintiff avers tbat her damnges exceed the npplicable limits of arbitration and jury trlai
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WHEREFORE, P1aintiIT, Amy Fnhnestock, respectfully requests your Court to fmd that the
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Defendant, Jeromy L, Stelglemnn, be held solely liable to the P1aintiIT In an amount In excess of
$25,000,00.
Respectfully submitted,
g/J.{ / tt 5--
UWO(;;ih
Ron TUro, Esquire
32 South Bedford Street
Carlisle, P A 17013
(717) 245.9688
Attorney for P1aintiIT
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AM'i FAHNESTOCK,
PlnIntllT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
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v.
,
,
: NO. 06.1001 CML TERM
: JURY TRIAL DEMANDED
JEROMY L, STElGLEMAN,
Defendant
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and eorrect, I understand
that false statements herein made are subject to the penalties of 18 Pa,C.S.A. A4004 relating to unsworn
faisificatlon to authorities,
~-\~-~~
Date
~~c~
, F estock
v.
: IN THE COURT OF COMMON PLEAS
: CIJMBERLAND COUNTY, PENNSYLVANIA
: NO, 95.1091 CML TERM
: JURY TRIAL DEMANDED
AMY FAHNESTOCK,
PlnIntiIT
JEROMY L, STEIG LEMAN,
Defendant
CERTIFICATE OF SERVICE
I certify that I served a copy of the Complaint by depositing same in the United States Mall, rU'st
class, postage prepaid from Carlisle, Pennsylvnnia, on the 22nd day of August, 1995, addressed as follows:
John J. McGrath, Esquire
MeKlssock & HofflDan
105 North Front Street
Suite 205
Harrisburg, PA 17101
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McKISSOCK & HOFFMAN, P.C.
BY: John J. McGrath
Identification No, 42389
105 North Front Street
Suite 205
Harrisburg, PA 17101
(717) 234-0103
To tho within fiLA f /11 (('-You aro
horoby nellllod Ie pload te tho
oncle~cd. }I CJJ ,trAm,c., wllhln
"J-.&> day. frem Borvlco horoal
or 0 dofnull ludgomonl may be
ontorij~a1ll$t you.
~~'- )ltg,rfI,
Attorney for Defendant
AMY FAHNESTOCK
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs,
JURY TRIAL DEMANDED
NO. 95-1091 CIVIL TERM
JEROMY L, STEIGLEMAN
DEFENDANT .JEROMY L. STEIGLEMAN'S ANSWER AND NEW MATI'ER TO
PLAINTIFF'S CIVIL ACTION COMPLAINT
Defendant, Jeromy L, Steig1eman, by and through his counsel, McKissock &
Hoffman, P,C" hereby answers plaintifrs Civil Action Complaint as follows:
1. After reasonable investigation answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations sel forth in paragraph
1.
2. Admitted.
3. After reasonable investigation answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph
3,
4. Admitted.
5. Admitted.
6. Admitted.
7. After reasonable inve~tigation answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in pamgmph
7.
8, Denied. Defendant, at all times relevant hereto, acted reasonably under the
circumstances.
9, (a) - (f), Denied, To the contmry, at all relevant times, defendant, Jeromy L.
Sleigleman, acted reasonably and in accordance with all applicable standards of care.
10. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in pamgraph 10.
11. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in pamgraph II.
12. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in pamgraph 12.
13. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in pamgraph 13.
14, It is admitted that plaintiff avers that her damages exceed the applicable limits of
arbitration and has hereby demanded a jury trial.
WHEREFORE, defendant, Jeromy L. Steigleman, respectfully requests that
judgment be entered in his favor and that plaintifrs Civil Action Complaint be dismissed
with prejudice.
NEW MATTER
15, Plaintifrs claim is barred in whole or in part by the provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
16. Plaintifrs claim may be barred in whole or in part by plaintifrs tort election
made under the Pennsylvania Motor Vehicle Financial Responsibility Law.
17, Plaintifrs injuries and/or losses, ifany, were caused by persons or events
outside of the control of answering defendants,
18, Some or all of plaintifrs claims have been paid and therefore are barred under
75 Pa. C.S,A. ~ 1722,
WHEREFORE, defendant, Jeromy L. Steigleman, asks that judgment be entered in
his favor and that plaintifrs Complaint be dismissed with prejudice and that answering
defendant be awarded costs and counsel fees,
MCKlSSOCK & HOFFMAN, P.C,
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By:/,a .- ~1 ,V
I) John . McGrath
I, Attorney for Defendant
Jeromy L, Steigleman
YERIFICATION
I, Jcromy L. Stclglcmnn, hereby aver and state lhal I am the defendant in this
matter and authorized 10 sign this Verification and that I have read the foregoing "'''' Answer
to Plaintirrs Complainl with New Matter, The factual statemenls contained therein are true
and correct 10 the best of my knowledge, information and belief,
This statement is made subject to the penalties of 18 Pa, C.S, ~4904 relating to
unsworn falsific.1tion to authorities, which provides that if I make knowingly false statements,
I may be subject to criminal penal lies,
,2.-.~ j .-jl~L,~,
IfERO yo L, ST GLEMAN
File No.: 8350-15 JPG
CERTIFICATE OF SERVICE
John J. McGrath Esquire, attorney for Defendant, Jeromy L, Steigleman,
hereby certifies that a true and correct copy of the foregoing ANSWER AND NEW
MATIER has been served upon the following by United States Mail, postage pre-paid, on
this fA day of ~1W'\"r ,1995:
Ron Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
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AMY FAHNESTOCK,
PlnintlfT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95.1091 CML TERM
: JURY TRIAL DEMANDED
v.
JEROMY L. STEIG LEMAN,
Defendant
ANSWER TO NEW MA'ITER
15. Denied, Defendant's oIIegntion that P1aintlfT's clnim Is barred in whole or in part by the
provisions of the pennsylvnnla Motor Vehicle Responsibility Law Is a legnl conclusion to which no
responsive pleading Is required. If a responsive pleading Is deemed to be required, the oIIegntion is denied
specifi~ and P1aintlfT further answers that her elnim Is not barred at 011 by the Pennsylvnnla Motor
Vehicle Financial Responsibility Law.
16. Denied, Defendant's oIIegntion is a conclusion of law to which no responsive pleading Is
required. If a responsive pleading is deemed to be required, P1aintlfT denies that her clnim Is barred in
whole or in part by her tort election and, by way of further answer, P1aintlfT has made a full tort election
pursuant to Pennsylvnnla Motor Vehicle Financial Responsibility Law,
17. Denied. By way of further answer, P1aintlfT reolleges that her irUuries and losses were
caused solely by actions and negligence as nlleged above by the Defendant, Jeromy Steiglemnn.
18, Denied, Defendant's oIIegation is a legnl conclusion to which no responsive pleading Is
required. If a responsive pleading is deemed to be required, P1aintlfT reolleges that her clalms, including
pain and suffering, and other non. liquidated damages referred to above, have not been paid and therefore
are not barred under 75 Pa, C,S,A, H 722.
WHEREFORE, P1aintlfT, Amy Fahnestock, asks that judgment be entered in her favor and ngnlnst
Defendant on his New Matter.
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LAW OFFICES OF RON TURO
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32 South Bedford Street
Carlisle, PA 17013
(717) 2.15.0688
Allorney for Plaintiff
VERIFICATION
I Ron Turo, Esquire, am the attorney of record for Plnintllf, Amy Fahnestock. I am fnmillnr with
the facts and answers provided to Defendant's New Matter and am authorized nnd capable ofmnklng such
answers, The factual statements contained herein are true nnd correct to the best of my knowledge,
information, and beUef.
ThIs statement is made subject to the penalties of 18 Pa.a,S,A. ~4904 relating to unsworn
falsification to authorities.
IO/S~.s
Date
1fl;L?;
Ron Tdfo, Esquire
Attorney for Plnintllf
-
CERTIFICATE OF SERVICE
I certify that I served a copy of Answer and New Matter by depositing same in the United States
Mnil, first class, postage prepaJd from Carlisle, Pennsylvnnin, on the ::s:-- day of October, 1995,
addressed lIB follows:
John J, McGrath, Esquire
McKlssock & Hoffman
105 North Front Street
Suite 205
Harrisburg, P A 17101
~
Ron TOto, Esquire
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
; NO. 9 ~' - /0 'i I c,,,"x.I-r.u.._
AMY FAHNESTOCK,
Plaintiff
JEROMY L. STEIGLEMAN,
Defendant
.
.
: CML ACTION. LAW
WRIT OF SUMMONS
Pleose Issue a Writ of Summollll on the above MIned Defendant at the following addre88:
129 W. Pine Street
Mt. HolIy Springs, PA 17065
RespectfulIy submitted,
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RON TURO, ESQUIRE
32 South Bedford Street
Carlisle, PA 17013
(717) 245.9688
Attorney for Plaintiff
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Commonwealth of Pennsylvania
County of Cumberland
Amy Fashnestock
COUrl 01 Conunon Pie...
YL
Jeremy L. Steigleman
129 W. Pine Street
Mt. Holly Springs, Pa. 17065
No, ___'l5:J.Q9L.civll_Tenn____________ 19____
In ___ J~ivll.1lwOo..La'd ___ _______ ____________
To J.l~r9.m! _t.._ ~ tej,gleaM ___ __ ___ __ _ _ _ __ _ _____
You are hereby notilied that
Amy Fahnestock
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the Plain till ha s commenced an action in _____c.iYil_Law.________________________________n______
against you which you are required to delend or a delault judgment may be entered against you,
(SEAL)
._J.~~~Q~~__~,_~~l~~J:________________________
Prothonotary
Date __Mim;h_?__________n_______ 19_2~_
By ---~f''--Cl.--lU~'lb.l---------------------
Deputy
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AMY FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
JEROMY L. STEIGLEMAN,
Defendant
NO. 95-1091 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, MARCH 19, 1996, the court having been informed
that the parties have reached a settlement, the Board of
Arbitrators previously appointed is hereby vacated. The Chairman
shall be paid the sum of $50.00.
By the Court,
Fred H. Hait, Esquire _
Chairman
Court Administrator
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Harold E. Sheely,
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95.1091 CML TERM
AMY FAHNESTOCK,
Plaintiff
JEROMY L, STEIGLEMAN.
Defendant
PRAECIPE
TO THE PROTHONOTARY OF THE SAlD COURT:
Please settle, withdraw and IlUU'k discontinued the above captioned action on behalf of the
Plaintiff,
Respectfully submitted.
LAW OFFICES OF RON TURO
C;-~/YCr'
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Date
Ron Turo, Esquire
32 South Bedford Street
Carlisle, P A 17013
(717) 245.9688
Attorney for PlalntllT
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