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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
:
I NO. 95-7228 CIVIL TERM
I
I
I
I
HERBERT, ROWLAND and
GRUBIC, INC..
Plaintiff
STEVEN D. SHUGHART.
Dafendant
NOTICE OF MEETING OF ARBITRATORS
Pleese take notice thet the arbitrators appointed in the above-captioned
action will eit for the purpose of their appointment on Wednesday, July 10. 1996
at 10:00 a.m. in the Second Floor Hearing Room of the Old Cumberland County
Court House, Carlisle, Pennsylvania.
Date 5-10-96
TO:
Barbara Sumple-Sullivan, Eaquire
549 Bridge Street
New Cumberland. PA 17070
Arbitrator
Edward L. Schorpp, E.quire
36 S, Hanover Str'~t
Carlisle, PA 17013
Attorney for Plaintiff
Philip H. Spare, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
Arbitrator
Richard K. Morris, Jr., Esquire
318 E. King Street
Shippensburg, PA 17257
Attorney for Defendant
Thomas F. Cheffins
1 Courthouse Square
Carlisle, PA 17013
Court Administrator
SHERIPP'S RETURN - REGULAR
CASE NOI 199~-06672 P
CO~~ONWEALTH OP PENNSYLVANIA,
COUNTY OP CU~BERLAND
HERBERT ROWLAND AND GURBIC
VS.
SHUGHART STEVEN D
~ICHAEL BARRICK
CU~BERLAND County, Pennsylvania, who
to law, says, the within CO~PLAINT
upon SHUGHART STEVEN D
defendant, at 1126100 HOURS, on the -Zih day of December
19~ at 116 PINE KNOB ROAD
NEWVILLE, PA 17241
, Sheriff or Deputy Sheriff of
being duly sworn according
was served
County, Pennsylvania, by handing to STEVEN D.
a true and attested copy of the CO~PLAINT
and at the same time directing ~ attention to the contents
thereof,
Sheriff's Costs,
Docketing
Service
Affidavit
Surcharge
So an~ ~
~ ~.~<<~
H. omas Kline, - er1
16.00
9.52
.00
2.00
~~~.~z LANDIS BLACK AND SOH
12111/1995
by
Sworn and subscribed to before me
this 11 I!: day of M.~...(,.........
19 'J 0( A. D.
( J~"
If ?J1'VPt, .~'
rot ono ar)'
the
.
HERBERT, ROWLAND and
GRUBIC, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
95- 6872 CIVIL TERM
STEVEN D. SHUGHART,
Defendant
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW. IJ7I1R.LA ). 7 , 1996, in consideration of the foregoing
Petition, I.>> , . 11, 'Il /Yl Y1 t,l/ /Y}, Esquire, A9 /l.br1$1 i J11IfL - . Esquire,
7-..1 'j' -9 "4 /? c u./// v"lA./
and r n. , r -.:l r /'11'- Co- , Esquire, are appointed Arbitrators in the above-
captioned action, as prayed for.
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HERBERT. ROWLAND and
GRUBIC, INC..
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY.
PENNSYLVANIA
95- 6872 CIVIL TERM
v.
STEVEN D. SHUGHART.
Defendant
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Herbert, Rowland and Grubic, Inc" the Plaintiff in the above action, filed to No.
95-6872 Civil Tenn, respectfully represents that:
(I) The above-captioned action is at issue as of January 16, 1996;
(2) The claim of the Plaintiff in the action is $11,485,25;
the counterclaim of the Defendant in the action is $0.00;
(3) Selection of arbitrators by the Prothonotary from the alphabetiCal roll is
waived, and the Court is requested to appoint said Arbitrators,
The following allomeys are interested in the case as counsel, or are otherwise
disqualified to sit as Arbitrators:
Edward L, Schorpp, Esq,; Robert R. Black, Esq.; and Richard M. Morris, Jr" Esq.
WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3)
Arbitrators to whom the case shall be submilled,
LANDIS, BLACK & SCHORPP
BY~~~
Edward L, CHORPP, Esq.
Allomey for Plaintiff
._".'
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HERBERT, ROWLAND and
GRUBIC, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: PENNSYLVANIA
: 95- 687) CIVIL TERM
v.
.
.
STEVEN D. SHUGHART,
Defendant
: CIVIL ACTION - LAW
.
.
NOTICB
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
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 against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the complaint, or for any other
claim or relief requested by the Plaintiff(s). You may lose
money or property or other rights important to you.
YOU SHOULD TAD TH:IS PAPBR TO YOUR LAWYBR AT ONCB. II' YOU DO NOT
HAVE A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB OI'I':ICB
SBT FORTH BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HBLPI
Cumber1an4 county Court Administrator
One Courthouse square
Carlisle, Pennsylvania 17013
Telephone I (717) 240-6200
. .
HERBERT, ROWLAND and
GRUBIC, INC.,
plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: 95-lC!'R1~ CIVIL TERM
.
.
: CIVIL ACTION - LAW
.
.
v.
STEVEN D. SHUGHART,
Defendant
COMPLAINT
1. Plaintiff is Herbert, Rowland and Grubic, Inc., a
corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with offices at 369 East Park Drive,
Harrisburg, Pennsylvania 17111.
2. Defendant is Steven D. Shughart, an adult individual
who resides at R.D. 2, Box 154F, Newville, Cumberland County,
Pennsylvania 17241.
3. On september 21, 1994, a 1993 Chevrolet Lumina
automobile owned by Plaintiff and being operated by Plaintiff's
agent, servant and employee, Kenneth S. Knowlton, was traveling
in a westerly direction on Interstate 81 approaching segment
marker 495 and entering a curve into a southerly direction.
4. At that time and place, a vehicle being operated
immediately in front of Plaintiff's vehicle slowed to
approximately five miles per hour behind another vehicle which
was stopping on the right side of the roadway because of
mechanical problems.
5. At that time and place, operator Knowlton slowed
Plaintiff's vehicle to approximately five miles per hour.
6. At that time and place, Defendant was operating a 1974
,
Ford pick-up truck (F-250) immediately behind the vehicle owned
by Plaintitt.
7. At that time and place, Defendant did drive his vehicle
into the rear of Plaintiff's vehicle, in turn forcing Plaintiff's
vehicle into the rear of the vehicle immediately in front of
Plaintiff's vehicle.
8. The collision with Plaintiff's vehicle was caused by
the negligence, recklessness and carelessness of Defendant as
follows:
A. In being inattentive and failing to observe the
slowing and stopping of vehicles in front of Defendant's
vehicle in time to avoid a collision with the same;
B. In failing to have his vehicle under such control
as to be able to stop in the assured clear distance ahead;
c. In failing to operate his vehicle with due regard
for the traffic conditions then and there existing on the
highway;
D. In failing to operate his vehicle under such
control as to be able to stop his vehicle prior to colliding
with Plaintiff's vehicle;
E. In failing to use due care under the
circumstances.
9. As a result of said negligence, recklessness and
carelessness of Defendant, the vehicle owned by Plaintiff was
damaged, whereby the cost of repairs exceeded its value,
-3-
resulting in said vehicle being totaled.
10. The fair market value of Plaintiff's vehicle at the
time of the accident was $12,512.50 plus sales tax in the amount
of $750.75 less salvage value of $1,778.00 for a net total loss
of $11,485.25.
11. There has been paid, on Defendant's behalf, the sum of
$5,000 toward the damages set forth in the preceding paragraph,
whereby there is now due and owing the total sum of $6,485.25.
WHEREFORE, Plaintiff demands of the Defendant the sum of
$6,485.25, which sum is within the limit requiring compulsory
arbitration under local Rules of Court.
LANDIS, BLACK & SCHORPP
By.ff~~~
Edward L. Schorp , Esquire
Attorneys for Plaintiff
Attorney I.D. #17495
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-3727
-4-
.'
VERIFICATION
I verify that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. 14904,
relating to unsworn falsification to authorities.
Dated:
1/ h1 hs-
I I
2k~~e:U1 5~ /,(tw$^-
K nneth s. Knowlton
,,_.' .' "),_.,~, ", ',-' ':', ,-< ':i '. i -f ',' ,,'
HERDER'!', ROWLANIJ and
GRUOIC. INC.,
I'lalntiff
v.
: IN 1'1I~; COURT O~' COMMON I'I,EAS
: CUAlfn;RLANIJ COUNTY
: 1'~;NNSYl.VANIA
: 95 6872 CIVil, n;RM
: CIVIL ACTION I.AW
51'EVEN IJ. SHUGHART.
Defendant
NOTIC~: 1'0 PLEAIJ
TO: HERn~:RT. ROWI.ANI) and GRUIIIC. INC,
You arc hereby notified to file a wrillen response to the enclosed New
MaUer within twenty (20) days from service hereof or a judgment may be entered
against you.
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1IJ;IUIt:R'I', ROWLANU and
GRUBIC. INC..
l'lainliff
IN 'I'II~ COURT 0... COMMON I'U:AS
CUMBEIlLANU COUNTY,
PENNSYLVANIA
V.
U5 6812 CIVil, 'I'I':RM
STJ;VEN U. SIIUGHAll'r,
Ilefendllnt
CIVil, ACTION I,AW
ANSWER ANIl NEW MATTJ;R
ANSWEIl
1. The Uefendant has no knowledl\'l' as to the averments in Paragraph 1.
2. Uenied in PlIrt. Ilefendant's JlIlIne is Steven Shughurt. /lis correct
address is 116 Pine Knoll Rd.. Newville. I'A 17241.
3. Ilenled In Part. The Ilefendunt udmllll the Pluintiff's cur wus a Chevrolet
I.umlna and that the cars were travI!ling west (Southbound) on Route 81, The
defendant has no knowledge as to who was driving IIII! Pluintiff's vehicle or the
mile marker where the accident occurl'ed.
4. Denied. The Ilcfendant has no knowlcdge as to the averments In
Paragraph 4.
5. Ilenicd.
6. Admitted.
1. Uenied in Part. Uefendant udmits thut his vehicle did hit the rellr of
Plaintiff's vehicle. 1I0wevel'. Plaintiff's vehicle hit the car in front of II because
it was being drivcn too fust under the conditions.
8. The uvernll'nts in I'arugrllph 8 lire conclusions of law which need not be
answered.
9. '1"0 the extent thut the IIverments in Paragraph 9 arc conclusions of IlIw
no answel' IS requil'ed, The llefl!llIlant admits that Plaintiff's cur was totaled.
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10. Denied In Part. The Ilefendant hns no knowledge as to the vlIlue of
Plaintiff's car. Ilefendant admits thnl the cnr WlIS IllIlvlIged for $1,7711.00. Since
the Defendant docs not know the vnlue 01' Plaintiff's car, Defendant can not
calculate the total 10119.
11. Uenied in Part. The Ilefendnnt admits Ihe $5,000 has been paid on his
behalf. ~'or the reason stated in l'aralrraph 10 nbove Uefelldant can not calculate
Plaintiff's damuges. Furthermore. Defendunt specificnlly denies being responsible
for nU of Plaintiff's damages,
,
NEW MA TTWt
AJo'FIRMA'I'IV~; IlI~FJo:NS" COMPARATIVI\ NI~G1,J(HmC"
12. The averments set forth in Pllragrllphs I to IJ of this document
(captioned as ANSWER) arc hereb,V incorporated by reference as if set forth
herein.
13. The driver 01' Plainlil'f's vehicle did drive his vehiele into the rear of
the vehicle in front of him.
14. That Plaintiff's driver did drive inlo the rear of tbe vehicle in front
of him caused much of the damage to Plaintiff's car.
15. Plaintiff's driver would have hit lhe vehicle in front of him even had
he not been hit by Defendant,
16. PlainlJrr's collision with the ear in front of it was primllrily eallsed by
the negligence. I'ecklessness anti clIl'elessness of Plaintiff's driver in that:
A. Plaintiff's driver WIIS driving to fast for the conditions.
U, Plaintiff's drivel' did fail to he suffjcienll~' attentive to the slowing
of vehicles in fronl 01' Plllintifl"s vehicle so as to avold collision.
C. Plaintiff's driver foiled be keep on assured safe distance between
himself and the vehicle in front 01" him so os to ovoid collision.
11. The negligence. recklessness and carelessness of the Plaintiff's driver.
IS responsible for IIn amount 01" damage to PllIintiff's vehicle whil:h exceeds the
amount sued 1'01' herein.
iliki~: at.m~u[;
Ru:IIIII.tI M. Jo~ t.
A!lol'Ill:,\' 1"01' Ilel"l'ndllnl
Atl<)/'lll',\' # 744:,4
3tH I':. Kin~ SI,
ShippcnsllllI'G'. PA t7257
(717) 5:m H570
FAX: (7t71 5:1tJ HOH
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VER1~'IC:A'I'ION
I verity that the averments and statements contained herein arc true and
correct. I understand that Calse statements herein arc made subject to the
penalties ot 18 Jla. C.S.A. Sec. 4004. relating to unsworn tlllsmcation to
authorities.
~rIR~_ 1;2 -aa- 'is'
Steven D. Sh:~;~_MN
VA'rE:
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VJ,;RU'ICA'1'ION 0... SlmVICI>
COMMONW~:ALTII Of' pJ,;NNSnVANIA
COUNTY 0... CUMUJ,;Rt.ANIl : SS
A....'IVAVI1': I do hereby affirm IIl1lt I Ilervl!d the attached Anllwer and New Matter
upon the law offices of I(dward I.. Sehorpp, altorne)' for the Plainliff
=~\~ \ b=
Richard M. Morris~f
OA Y 0... OJ,;CEMBER 10115.
Af'~'IRMf:O AND SUUSCRJUEIl UJ,;...ORE ME TillS
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TITI,E
MY COMMISSION EXPIRES ON~+ ' llI'il'l .
Nolanal Seal
Suaan K. Guyer, Nolary Public
MCeoanllla BolO, Cumbartarid CounlY
y mmlaalon Explras Sept. 4, 1999
em or. nnay vanta .~al on 0 Diaries
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HERBERT, ROWLAND and :IN THE COURT OF COMMON PLEAS
GRUBIC, INC., . CUMBERLAND COUNTY,
.
plaintiff . PENNSYLVANIA
.
.
.
v. . 95- 6872 CIVIL TERM
.
STEVEN D. SHUGHART, . CIVIL ACTION - LAW
.
Defendant
REPLY TO lIB. MATTBR
NOW COMES the Plaintiff, Herbert, Rowland and Grubic, Inc.,
by and through its attorneys, Landis, Black & Schorpp, and
replies to the New Matter of Defendant as follows:
12. paragraphs 1. through 11. inclusive of plaintiff's
Complaint are incorporated herein by reference as if fully set
forth.
13. Denied. It is denied that Plaintiff's driver drove
into the rear of the vehicle preceding Plaintiff's vehicle. On
the contrary, at all relevant times herein, plaintiff's driver
was operating Plaintiff's vehicle in a careful and prudent manner
allowing sufficient distance between Plaintiff's vehicle and the
preceding vehicle so as to be able to stop without causing a
collision. Plaintiff's vehicle was forced into the rear of the
preceding vehicle by the impact of Defendant's vehicle striking
Plaintiff's vehicle from the rear.
14. Denied. Plaintiff's driver did not drive into the rear
of the preceding vehicle. The averments of Paragraph 13. of this
Reply are included herein by reference. All of the damage to
Plaintiff's car was caused by the actions of Defendant, all as is
set forth in Plaintiff's Complaint.
15. Denied. The averments of Paragraph 13. of Plaintiff's
Reply are incorporated herein by reference. The sole and
proximate cause of the collision between plaintiff's vehicle and
the preceding vehicle was the negligence and recklessness of
Defendant, all as is set forth in Plaintiff's Complaint.
16. Denied. These averments are conclusions of law
requiring no answer herein. To the extent that answer is
required,it is denied that Plaintiff's driver was in any way
negligent, reckless or careless in the operation of Plaintiff's
vehicle. Additionally, Plaintiff replies as follows:
A. Denied. At all relevant times herein, Plaintiff's
driver was operating Plaintiff's vehicle at a safe and
prudent speed under the conditions then and there existing,
and had full ability to stop within the assured clear
distance ahead.
B. Denied. At all relevant times herein, Plaintiff's
driver was operating Plaintiff's vehicle with full attention
to the other vehicles on the highway. As is set forth in
Plaintiff's Complaint, Plaintiff's driver was operating the
vehicle at a slow, safe and prudent speed.
C. Denied. At all relevant times herein, Plaintiff's
driver operated Plaintiff's vehicle at a safe and prudent
speed with full ability to stop within the assured clear
distance ahead. Plaintiff's driver was in .no way
responsible for any damage to Plaintiff's vehicle.
17. Denied. The averments of this paragraph are
conclusions of law requiring no answer herein. By way of further
answer, plaintiff's driver is not responsible for any damage to
Plaintiff's vehicle, all of said damages being caused by the
actions of Defendant as set forth in Plaintiff's Complaint.
WHEREFORE, Plaintiff demands judgment against the Defendant,
all as set forth in Plaintiff's Complaint.
LANDIS, BLACK & SCHORPP
BY'~~~
Edward L. Sc orpp, Esquire
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
Attorneys for Plaintiff
'.
.
VERIFICATION
I verify that the statements contained herein are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. 54904, relating to
unsworn falsification to authorities.
~V/i1i15 XJ~ -
Kenneth S. Knowlton
Dated:
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HERBERT, ROWLAND and . IN THE COURT OF COMMON PLEAS
.
GRUBIC, INC., . CUMBERLAND COUNTY,
.
plaintiff . PENNSYLVANIA
.
.
.
v. . 95- 6872 CIVIL TERM
.
.
.
STEVEN D. SHUGHART, . CIVIL ACTION - LAW
.
Defendant .
.
CBRTIP:ICATB 01' SBRVICB
I, EDWARD L. SCHORPP, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing REPLY TO NEW MATTER to be served upon the person and in
the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Richard M. Morris, Jr., Esq.
318 East King Street
Shippensburg, PA 17257
By:
-'~~~~~
Edward L. schorpp, Esq.
LANDIS, BLACK & SCHORPP
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
Attorneys for plaintiff
Date: /-/16'-96'
HF.AMFAT Ant.rr AtJn tin" ~UllaT"'. TbJ"
Plaintiff
In The Court of CQcmon Plees of
STEVEN D. SHUGHART
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Cumberland County, ?ennaylvania
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~O.95-'~ (t(:..J. T.J...L-- 19
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Dsfendant
OA4B
~e do lolemDly svear (or affirm) that ve will support, obey and deiend
the CODatieution of ehe Unieed Seaee. and ehe CQnstirutioD oi chi. Com=on-
...... ... ,,., .. vill '''''or,_ 'b_'U'i_~~Y'
- ~/(~~
AWARD
(or
We, the undersigned arbitrators, having been duly appointed and sworn
a!!1rmed), make the following avard:
(Note: If damages for delay are awarded, chey shall be
separately stated.)
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:late of !Iear:L,'lg: I) ~1t9- '11/
:late of Award: ~ -/Ii- qt
Arbitrator, dissents. (Insert name 1:
~OTIC~ OF ENTRY OF AWARD
~ow, the Ib '=" day of Q""4 . 19 '1(.. , at 10.'09 , ~. .:1., che above
avard was entered upon the docket and ~otice :hereof gIVen bY-=ail co che
?arties or thei= attorneys.
Arbitrators' cocpensation :0 be
paid upon appeal:
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HERBERT, ROWLAND and
GRUBIC, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 95-6872 CIVIL TERM
CIVIL ACTION - LAW
v,
STEVEN D. SHUGHART,
Defendant
JURY TRIAL DEMANDED
PRAECIPE
Pursuant to the award of arbitrators entered in this matter on July 10, 1996, please
enter judgment in favor of the Plaintiff and against the Defendant in the amount of Five
Thousand Five Hundred and no/loo ($5,500.00) Dollars plus costs of record.
To LAWRENCE E, WELKER. Prothonotary
Date: ~-...i't:>- 9(;'
LANDIS, BLACK & SCHORPP
BY:~~
Edward L. Schorpp, Esquire
Attorney for Plaintiff
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-3727
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