HomeMy WebLinkAbout96-00597
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. CIVIL TERM
1ft" 517
STANLEY W. ESHELMAN,
Plaintiff
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fonh
in the following pages, you must take aclion within twenty (20) days after the Complaint and
Notice are served, by entering a wrillen appeamnce personally or by attorney and filing in wriling
with the coun your defenses or objeclions to the claims set fonh against you. You are warned
Ihat if you fail 10 do so, the case may proceed wilhoul you and judgment may be entered again~1
you by the coun withoul fun her notice for any money claimed in Ihe Complaint or for any other
claim or relief requested by Ihe Plaintiff. You may lose money or propeny or other rights
imponant 10 you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Coun Adminislmlor - Founh Floor
Cumberland County Counhonse
Carlisle, Pennsylvania 17013
Telephont> (717) 240-6200
James J. Kayer, Esquire
Kayer & Brown
Allorney for Plaintiff
Libeny Loft
4 E. Libeny A venue
Cnrlisle, PA 17013
(717) 243-7922
STANLEY W. ESHELMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACfION - LAW
: NO. CIVIL TERM
v.
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
COMPLAINT
COMES NOW, Plaintiff. Stanley W, Eshelman, by and through his attomeys, Kayer &
Brown, and stales the following:
I. Plainliff Slanley W, Eshelman is an adult individual residing at 313 Nealy Road,
Newville, PA 17241.
2. Defendanl Duane E. Kress is an adull individual residing at 119 South East Street,
Carlisle, PA 17013.
3. On February II, 1995 Plaintiff was operdting a 1973 Chevrolel Nova.
4. At approximately 2:03 P.M., Plaint:ffs vehicle was pulling out of Westminster Coun in
Nonh Middlelon Township onlo Newville Road trdveling we~1,
5. Defendanl, Mr. Duane E, Kress who was opemting u 1985 Ponliac Firebird owned by
Mrs. Michelle R. Kress, and wus trdveling wesl on Newville Road ut Ihe same place und lime
a~ Ihe Plaintiff.
6. Before Plaintiff was tuming onto Newville Road, he made a full-stop at Ihe stop lane,
moved slowly forward to gel a better view past bushes on the right, ~10pped aguin, and then
lumed onto Newville Road, after looking out that no car was upproaching from either left or
right.
7. After Plaintiff mude a fullund complcle tum onlo Newville Road, DefendallJ, Mr. Duane
E. Kress, hit Plaintiffs car from the rear.
8. There were 109 feet of skid mark~ from Defendant's car before hitting the vehicle of
Plaintiff.
9. TIle impact propelled both vehicles an udditionul 74 feel before Ihey were both stopped
by a Iree.
10. Defendant, Mr. Duane E. Kress, was speeding excessively, and was unable to stop his
car for Plaillllff, who undenook ull reasonable and necessury precautions before entering Newville
Road.
II. Defendant, Mr. Duane E. Kress, had a blood alcohol level of 0.24 % al Ihe time of the
acciden..
12. Defendant, Mr. Duane E. Kress, is solely responsible for causing the accident which was
the result of Ihe Plainlifrs injuries.
13. Defendalll, Mr. DUllne E. Kress, was sentenced on DClober 24, 1995 with regard 10 the
our conviclion, Plaillliff has been fully exonernted, liS all chllrges against him have been
withdrnwn or dismissed.
CDUNTI
Plaintiff Stanley W. Eshelman v. Defendant Duane E. Kress. In Negligence
14. TIle avemlents of parngmphs I Ihrough 13 are iucorporated herein by reference.
15. Defendant, Mr. Duane E. Kress having undenakenlhe affirmative act of driving a molor
vehicle, was under a duty 10 exercise reasol1l!ble care of the operation of such vehicle.
16. Defendant, Mr. Duane E. Kress breached suid dUly and engaged in negligent, careless and
reckless conduct consisting of excessive speeding, and due 10 his extremely high blood alcohol
level, failure 10 control his vehicle,
17, As a direcl and proximale result oi Defendalll Duane E. Kress's negligence, the Plaintiff
suffered injuries including, but not necessarily limited 10, the following:
A. Tissue and nerve damage to the lower back;
B. Tissue and nerve damage to the right leg;
C. Cuts, bruises and abrnsions to the lefJ ann;
0, Cuts, bruises and IIbrnsions on the head;
E, Lacerntion to Ihe inside of Ihe upper lip;
F. Chesl wall cOlllasion;
G. Stiffness in the tefJ side of Ihe neck;
H. Lower back painllnd in the hip IIrell on the right side wilh occlIsional pains rndlating
down to the bllck of the right leg;
I. Mu.cle cramps in Ihe hamslrings;
J. Pain in the ]efl rib, particu]arly llpon taking deep breaths and wilh movement
18. As a result of the injuries Plaintiff received due 10 the negligence of Defendant Duane
E. Kress, he has been caused 10 suffer the following economic losses:
A. Inability to work from 2/11/95 -2/18/95 and frum 2/22/95 - 2/28/95, withoul being
paid for missing work, resulting in losl wages of $ 520.00. Additionally, Ihe Plaintiff has been
forced 10 seek new employment due to his injuries.
B. Medica] expenses for Boch Chiroprnctic Clinic in the amounl of $ 1,498.00.
C. Medical expenses for Carlisle Hospital inlhe amount of $ 1,352.90.
D. Due 10 his suffered injuries (us specified in Parngruph 17 A - J) and tbe herewilh
caused pain, P]ainliff received substuntial medicaltrealmenl. TIle Plaintiff has had to undergo
this Ihernpy untiltoduy, because his continuing buck and leg pain ~1i11 impairs his abilily 10 work,
and his abilily to lead a nonna], pain-free life. Prior 10 the accident, Plaintiff did not suffer from
any pain in the afnicled areus, TIle sufferiug, puinuud physical impaimlent of Plaintiff is sole]y
Ihe result and due 10 this accident.
WHEREFORE, Plaintiff requests the judgment be elllered in favor of the P]aillliff and
ugain~1 Defendanl, Duane E. Kress in un alllount in excess of $20,000.00 plus reasonable
allomeys fees and costs, and interest.
Respectfully submilled,
A
.
VERIFICATION OF PLEADINGS
The foregoing Petition is based upon Infonnation which has been gathered by my
counsel and myself in the preparation of Ihls aCllon. TIle language of the Petlllon may in part
be the language of my counsel and nol my own. I have read the ~1atements made in this
Pelilion and 10 Ihe exlent that it Is based upon infonnallon which I have given to my counsel,
il is lrue and correcl to Ihe best of my knowledge, infonnation and belief. To Ihe extenl that
the conlenls of the ~1atemenls are Ihal of counsel, I have relied upon counsel in making Ihis
Verification. I understand that false stalements herein made are subject 10 the penahies of 18
Pa.C.S.A. Section 4904, relating to unsworn falslficalion to authorities,
.Ji, dl J2~.. _
Date: / I J.J../'1 (.
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SIlERIFF'S RETURN.. NOT FOUII[I
CASE NO: 1995-00597 P
COMMONWEALTIl OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
f:"S[f,J..MA,tl STAlIloP 1L'..._____._..
VS.
KR);:S~_Q_UANE E
..R.!-J..h.2.!"_"s ,K11n.2.__,.._"'.____, Sh',>rI11. who beIng duly 8WCIl'n according
to law, says. that he madE' a diligent Gearch and inquiry for thE' within
naml?d dpfr-~ndi]nl, to wit: ..JiB..ESS Q!!AJif;_~_______________.____
but was unable to locate Hi."'.....__ in his baIliWick.
He therefore returns
the '=:QM PLllil.I
NOT! CF<--__.._...,__. ____._"'______.. __,_,,_,..'____
I!O'.T_fc~Jl.J.fJQ,_, " as to the withIn named defendant _..,_.______"_
K"R..~~_.Dl.!MIL~_ .._____.
pEFEflDANT MOVED FROM A80VE;..._A[!DRE:SS,,_,,~ul' LEFT....ll9n___.'_______"
FOBl'_M~PJJ!.G._ WUH]HE _t'O~T _9EFI~E:'
Sheriff's Costs:
Docketinq
Service .
Affldavlt
Surcharge
18.00
2.80
.0('1
2.00
So ;:)nsw.....(?r~) .." '
-/,p. ~"
;i:~~.-:-?"/~
ffJ-TIi-,s"nas-r:l"{n<;>-;'-SIi'i?rUr-------
$22; 130' KAYETi AN[. BF.OW/l
02/09/1cl95
Sworn and subscr1b~d to b~for~ Nle
thiE -'oJ -::_ d,,}' of J~~___
'/'
19__,:,__ A, ['.
___ n, ~'Jt,A,--... Q,,-.., ~~...:., -~/!5...:.. .
-V rrul...nl')rlOtaI""
STANLEY W. ESHELMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. CIVIL TERM
1ft.. ~f7
v.
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fonh
in the following pages, you must tal<.. action within twenty (20) days after the Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the coun your defenses or objections to the claims set fonh against you. You are warned
that if you fail to do so, the case may proceeJ without you and judgment may be entered against
you by the coun without funher notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or propeny or other rights
imponant to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VC A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Coun Administrator - Founh Floor
Cumberland County Counhouse
Carlisle, Pennsylvania 17013
Telephonl' (717) 240-6200
James J. Kayer, Esquire
Kayer & Brown
Attorney for Plaintiff
Libeny Loft
4 E. Libeny Avenue
Carlis]e, PA ]7013
(717) 243-7922
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. CIVIL TERM
STANLEY W. ESHELMAN,
Plaintiff
COMPLAINT
COMES NOW, Plaintiff, Stanley W. Eshelman, by and through his attorneys, Kayer &
Brown, and states the following:
I. Plaintiff Stanley W. Eshelman is an adult individual residing at 313 Nealy Road,
Newville, PA 17241.
2. Defendant Duane E. Kress is an adult individual residing at 119 South East Street,
Carlisle, PA 17013.
3. On February 11,1995 Plaintiff was operating a 1973 Chevrolet Nova.
4. At approximately 2:03 P.M., P]ailll:ffs vehicle was pulling out of Westminster Coun in
Nonh Middleton Township onto Newville Road traveling west.
5. Defendant, Mr. Duane E. Kress who was operating a 1985 Pontiac Firebird owned by
Mrs. Michelle R. Kress, and was trdveling west on Newville Road at the same place and time
as the Plaintiff.
6. Before Plaintiff was turning onto Newville Road, he made a full-stop at the stop lane,
moved slowly forward to get a better view past bushes on the right, stopped again, and then
turned onto Newville Road, after looking out that no car was approaching from either left or
right.
7. After Plaintiff made a full and complete turn onto Newville Road, Defendant, Mr. Duane
E. Kress, hit Plaintiff's car from the rear.
8. There were 109 feet of skid marks from Defendant's car before hitting the vehicle of
Plaintiff.
9. The impact propelled both vehicles an additional 74 feet before they were both stopped
by a tree.
10. Defendant, Mr. Duane E. Kress, was speeding excessively, and was unable to stop his
car for Plaintiff, who undenook all reasonable und neces~ry precuutions before entering Newville
Road.
II. Defendant, Mr. Duane E. Kress, hud a blood alcohol level of 0.24 % at the time of the
uccident.
12. Defendant, Mr. Duane E. Kress, is solely responsible for cuusing the accident which was
the result of the Plaintiffs injuries.
13. Defendant, Mr. Duune E. Kress, was sentenced on October 24, 1995 with regard to the
DUI conviction, Plaintiff has been fully exonerated, as all charges ugainst him have been
withdrawn or dismissed.
COUNT I
PlaIntiff Stanley W. Eshelman v. Defendant Duane E. Kress - In Negligence
14. The averments of paragraphs I through 13 are incorporated herein by reference.
15. Defendant, Mr. Duane E. Kress having undenakenthe affirmative act of driving a motor
vehicle, was under a duty to exercise reasom.ble care of the operation of such vehicle.
16. Defendant, Mr. Duane E. Kress breached said duty and engaged in negligent, careless and
reckless conduct consisting of excessive speeding, and due to his extremely high blood alcohol
level, failure to control his vehicle.
17. As a direct and proximate result oi Defendant Duane E. Kress's negligence, the Plaintiff
suffered injuries including, but not necessarily limited to, the following:
A. Tissue and nerve damage to the ;ower back;
B. Tissue and nerve damage to the right leg;
C. Cuts, bruises and abrasions to the left arm;
D. Cuts, bruises and abrasions on the head;
E. Laceration to the inside of the upper lip;
F. Chest wall contusion;
G. Stiffness in the left side of the neck;
H. Lower back pain and in the hip area on the right side with occasional pains radiating
down to the back of the right leg;
. "'''-
I. Muscle cramps in the hamstrings;
J. Puin in the left rib, p.tniculurly upon tuking deep breuths und with movement
18. As a result of the injuries Plaintiff n:ceived due to the negligence of Defendant Duane
E. Kress, he has been caused to suffer the following economic losses:
A. Inability to work from 2/11/95 -2/18/95 and from 2/22/95 - 2/28/95, without being
paid for missing work, resulting in lost wages of $ 520.00. Additionully, the Plaintiff has been
forced to seek new employment due to his injuries.
B. Medical expenses for Boch Chiropractic Clinic in the amount of $ 1,498.00.
C. Medical expenses for Carlisle Hospitul in the amount of $ 1,352.90.
D. Due to his suffered injuries (as ~:pecified in Paragraph 17 A - J) and the herewith
caused pain, Plaintiff received substantial medical treatment. The Plaintiff has had to undergo
this therapy until today, because his continuing back and leg pain still impairs his ability to work,
and his ability to lead a normal, pain-free life. Prior to the accident, Plaintiff did not suffer from
any pain in the afflicted areas. The suffering, pain and physical impairment of Plaintiff is solely
the result and due to this accident.
WHEREFORE, Plaintiff requests the judgment be entered in favor of the Plaintiff and
against Defendant, Duane E. Kress in an amount in excess of $20,000.00 plus reasonable
attorneys fees and costs, and interest.
Respectfully submitted,
VERIFICATION OF PLEADINGS
The foregoing Petition is based upon information which has been gathered by my
counsel and myself in the prepardtion of this action. TIle language of the Petition may in pan
be the language of my counsel and not my own. I have read the statements made in this
Petition and to the extent that it is based upon information which I have given to my counsel,
it is true and correct to the best of my knowledge, infonnation and belief. To the extent that
the contents of the statements are that of counsel, I have relied upon counsel in making this
Verification. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
~/~ld~__
Date: II J.J../'i (.
OFFICE flF TIlE SItERIF'
CUIlHn' .... C~\'~T'l'
fED S 8 13 AM '96
CAi\USLE
PEtlHS YLV AlBA
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-597 CIVIL TERM
STANLEY W. ESHELMAN,
Plaintiff
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
TO: Duane E. Kress
119 South East Street
Carlisle, PA 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DA YS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. I" YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Coun Administrator
Cumberland Conllly Counhouse, Founh Floor
Carlisle, PA 17013
(717) 240-6200
i
James J. Kay r, ire
4 ~t Lib~U"/ A venue
CarlIsle, Pr; 17013
(7 t1) 243-7 22
DATED: March 4, 1996
CERTIFICATE OF SERVICE
I hereby cenify that u tme copy of the foregoing IMPORTANT NOTICE
was served on the following person by certified, First-class mail, return receipt requested
addressed to:
Duane E. Kress
119 South East Street
Carlisle, PA 17013
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-597 CIVIL TERM
STANLEY W. ESHELMAN,
Plaintiff
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
TO: Duane E. Kress
119 S. Ea~1 Street
Carlisle, PA 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Coun Administrator
Cumberland County Counhouse, Founh Floor
Carlisle, PA 17013
(717) 240-6200
DATED: April 10, 1996
CERTIFICATE OF SERVICE
I hereby cenify that a true copy of the foregoing Imponant Notice was served 011 the following
persons by First-cla.~s mail, postage prepaid, and addressed to:
Duane E. Kress
119 S. East Street
Carlls:e, PA 17013
Date L./ / tl ft, ~
Ja
Li
4 . Libeny A venue
carlisle, PA 17013
(717) 243-7922
. ~ -~
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-597 CIVIL TERM
STANLEY W. ESHELMAN,
Plaintiff
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
FOR FAILURE TO PLEA
TO THE PROTHONOTARY:
Kindly enter a judgment in favor of the plaintiff pursuant to PA. RC.P. Rule
#237.1 (a)(i1), as the defendant has failed to plead to the complaint, and a period of at least ten
(10) days has elapsed since the defendant was served notice of the praecipe to enter judgment
by default pursuant to PA RC.P. Rule #237.5. As the damages in this case are not a sum
cenian, and call11ot be made cenain by computation, the plaintiff shall file with the coun a
request for trial which shall be limited to the issue of the amount of damages purusant to PA.
RC.P. Rule #1037(b)(l).
Respectfully submitted,
KA YER & BROWN
J ...
By: . /J.... '
JamC/s J. Kay r, E.'j! ire
Sup;eme a 1.0. #50838
LiQeny Lo
4 .East Libeny A venue
Carlisle, PA 17013
(717) 243-7922
Attorney for
Date: if /2 '1/11
,
_ c
CERTIFICATION OF NOTICE
The undersigned does herby cenlfy and affirm that notice in the attached form upon
the defendant by regular first class mall on April 10, 1996.
A copy of the ten (10) day notice and accompanying correspondence is attached
hereto.
Respectfully submitted,
KA YER & BROWN
Date:
If IZ'! 1'J6
, .
.~,
Kayer and Brown
Attorneys AI law
A Professional Corporallon
Liberty Loft
4 E. Liberty Avenue
Carlisle, Pennsylvania t70t3
Telephone: (717) 243.7922
FAX: (7t7) 243.0946
April 10, 1996
Duane E. Kress
119 S. East Street
Carlisle, PA 17013
RE: ESHELMAN v. KRESS - No. 96-597 Civil Action- Law
Dear Mr. Kress:
Enclosed please fmd a notice of default which has been filed in the
above referenced matter.
You should take this to your attorney at once.
Very truly yours,
JJK/drb
Enclosure
cc: Stanley Eshelman (w/encl.)
STANLEY W. ESHELMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 96-597 CIVIL TERM
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
TO: Duane E. Kress
119 S. East Street
Carlisle, PA 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAll..ED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP. -.
Court Administrator
Cumberland COUllty Counhouse, Founh Floor
Carlisle, PA 17013
(717) 240-6200
DATED: April 10, 1996
. ~,
Ja s J. Ka' er, squire
4 51 Libb y A venue
I '
carisle,P 17013
,
(7\ ) 243-7922
TRUE .COPY FROM RECORD
In Tes1lmony,wh9reof,1 here unlo sat my hand
and IIle ~ of said Co,u 1 al Carlisle, Pa.
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STANLEY W. ESHELMAN,
PlaIntiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 96-597 CIVIL TERM
v.
DUANE E. KRESS,
Defendant
: JURY TRIAL DEMANDED
NOTICE OF ORAL DEPOSITIONS
TO: Duane E. Kress
119 South East Street
Carlisle, PA 17013
NOTICE IS HEREBY GIVEN that counscl for the Plaintiff, Stanley W. Eshelmans, will take the
oral depositions of the below-named individuals for discovery andlor use at a hearing of this matter on
Tuesday, June 4, 1996 at our office located at 4 East Llbeny A venue, Third Floor, Carlisle, Pennsylvania
17013. The depositiollS shall commence as follows:
2:00 p.m.
Dur.ne E. Kress
Respectfully submitted,
KA YER AND BROWN
Dated: May 7, 1996
cc: Susan O'Hara Dougherty and Associates, Coun Reponer
.11l
/1;4. ^ ~.
James J}<ayer, Esquire
,.
..,
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Notice of Oral Depositions was served on the
following person(s), First class mail, postage prepaid, by forwarding a true and correct copy unto:
Duane E. Kress
119 South East Street
Carlisle, PA 17013
Dated:
)' /7 If{