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HomeMy WebLinkAbout99-03243SHERIFF'S RETURN - REGULAR CASE NO: 1999-03243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOUGHERTY JOHN C VS. HOELLMAN DIANNE B ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOELLMAN DIANNE B the defendant, at 13:38 HOURS, on the 7th day of June 1999 at 6 SNA LANE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DIANNE HOELLMAN a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 8.00 om Kline, 1 $Jb.ju06/OS RG9§9KAATZMAN & SHIPMAbT by a/ 4 b ?i M Sworn and subscribed to before me this f '!' day of Q , 1969 A.D. 6-1.ttAV ... 4 SHERIFF'S RETURN - REGULAR CASE NO: 1999-03243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOUGHERTY JOHN C VS. HOELLMAN DIANNE B ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOELLMAN JAMES J JR the defendant, at 13:38 HOURS, on the 7th day of June 1999 at 6 SNA LANE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DIANNE HOELLMAN (WIFE) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00„? p Affidavit .00 Surcharge 8.00 I? R-T mas Kli?i IIe i -GOI0B$RGG KATZMAN & SHIPMAN Sworn and subscribed to before me this Iq &- day of 19- A.D. PEa e1TbrSiit aYj?"-?- Jefferson J. Shipman, Esquire I.D. M: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17106-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff JOHN C. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants CIVIL ACTION - LAW 99-3243 CIVIL JURY' TRIAL DEMANDED NOTICE 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. 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. Cumberland County Bar Association Lawyer Referral Service Carlisle, PA 17013 (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (2) dias de plazo al partir de la fecha de la demanda y la persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a lasdemandas en contra de su person. Sea notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ottros derechos importantes j!. para usted. L'LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUNTENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service Carlisle, PA 17013 (800) 990-9108 1 Jefferson J. Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff JOHN C. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants CIVIL ACTION - LAW 99-3243 CIVIL JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff, JOHN C. DOUGHERTY, by and through his attorneys, Goldberg, Katzman & Shipman, P.C. and files the following Complaint. 1. Plaintiff, John C. Dougherty, is an adult individual residing at 396 Cameron Road, Etters, York County, Pennsylvania, 17319. 2. Defendant, Dianne B. Hoellman, is an adult individual residing at 6 SNA Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant, James J. Hoellman, Jr., is an adult individual residing at 6 SNA Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 9. That at all times times to this lawsuit, the Plaintiff, John C. Dougherty, was the owner and operator of a 1987 Plymouth Reliant with license plate number AGX 8527. 5. That at all times relevant to this lawsuit, Defendant, James J. Hoellman, Jr., was the owner of a 1995 Chevrolet Lumina j with license plate number LKA 532 and being driven by his daughter, Defendant, Dianne Hoellman. 6. That on or about May 29, 1997, at approximately 12:09 a.m., Plaintiff was operating his vehicle in a lawful manner eastbound on Lisburn Road, State Rt. 2017, in Lower Allen Township, Cumberland County, Pennsylvania. 7. That at or about the same time, the Defendant, Dianne Hoellman, was driving her vehicle westbound on Lisburn Road when her vehicle, without warning, suddenly crossed the double yellow lines separating the eastbound and westbpund lanes of traffic for Lisburn Road, and violently collided with the vehicle lawfully i j being operated by Plaintiff head-on and causing Mr. Dougherty to sustain the serious and severe injuries and damages as more set 1 j forth below. 2 COUNT I John Dougherty vs. Dianne Hoellman Plaintiff, John Dougherty, incorporates herein by reference the averments contained in Paragraphs 1 through 7 above, as though fully set forth. 8. That at all times relevant to this lawsuit, the Defendant, Dianne Hoellman, had the following duties: (a) To keep her vehicle under proper and adequate control so as to avoid crossing the center double yellow line and causing a violent collision with the front of the vehicle operated by Plaintiff, John Dougherty; (b) To keep alert and to maintain the proper look-out while operating her vehicle; (c) To observe the position of the Plaintiff's vehicle and other vehicles on the highway; (d) To operate her vehicle at a safe and appropriate speed under the circumstances then and there existing; (e) To operate her vehicle at a safe and appropriate speed when approaching and rounding a curve or a hill on the roadway; (f) To avoid reckless and careless driving; 3 (g) To avoid operating her vehicle while under the influence of alcoholic beverages or controlled substances; and (h) To obey all traffic laws of the Commonwealth of Pennsylvania. 9. That not withstanding the aforementioned duties, Defendant, Dianne Hoellman breached and failed in her performance thereof and caused the vehicle she was operating to violently collide, head-on, into the vehicle lawfully being operated by Plaintiff, John C. Dougherty. 10. That as a direct and proximate cause of the negligence of the Defendant, Dianne Hoellman, and the violent collision that occurred, Plaintiff, John C. Dougherty, sustained severe, permanent, painful and grievous physical injuries over his entire body, including, without limitation, the following: Severe cervical strain, injuries to nerves and muscles, severe pain in his cervical spine, shoulders, arms, hands and fingers, excruciating and persistent headaches; weakness and limitation of cervical motion, loss of full range of motion, severe pain in the lumbar spine, muscle spasms, and other painful and serious injuries, all of which have caused permanent disability, severe and emotional trauma and conscious pain and suffering. 4 11. That as a direct and proximate result of the negligence of Defendant, Dianne Hoellman, Plaintiff, John C. Dougherty, has incurred, and will continue to incur, medical and related expenses which have and/or will exceed the sums recoverable under the Pennsylvania Financial responsibility law. 12. That as a direct and proximate result of the negligence and carelessness of Defendant, Dianne Hoellman, Plaintiff, John C. Dougherty, suffered a loss of earnings and loss of earning power. 13. That as a further direct and proximate result of the negligence of the Defendant, Dianne Hoellman, Plaintiff, John C. Dougherty, has been unable to attend his usual daily activities and has suffered, and will continue to suffer in the future, severe emotional distress, anxiety, loss of life's pleasures and inconvenience. WHEREFORE, the Plaintiff, John C. Dougherty, demands judgment against Defendant, Dianne Hoellman, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs of suit. 5 COUNT II John C. Dougherty vs. James J Hoellman. Jr. Plaintiff, John Dougherty, incorporates herein by reference the averments contained in Paragraphs 1 through 13 above, as though fully set forth. 14. That at all times relevant to this lawsuit, the vehicle being operated by Defendant, Dianne Hoellman, was owned or controlled by Defendant, James J. Hoellman, Jr. 15. That Defendant, Dianne Hoellman, was operating the aforementioned vehicle with the consent, permission or authority { i j i { { of Defendant, James Hoellman. 16. That Defendant, Dianne Hoellman, was operating said vehicle as an agent, servant or employee of Defendant, James J. Hoellman, Jr., and/or was acting within the course of that employment or duties and/or was operating said vehicle with the knowledge, consent, permission and/or at its direction or the control of or the benefit of Defendant, James J. Hoellman, Jr. 17. That as a result of the aforesaid negligence of Defendant, Dianne B. Hoellman, and the vicarious liability of Defendant, James Hoellman, Plaintiff, John Dougherty, was injured and incurred damages as set forth above. WHEREFORE, the Plaintiff, John C. Dougherty, demands judgment against Defendant, James J. Hoellman, Jr., in an amount 6 in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs of suit. Respectfully submitted, GOLDBF,,RG, KATZMAN &,-S4IPMAN, P.C. Jeff rsc{ VJ. Shipman,jEsquire I.D #:t 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff 24789.1 7 VERIFICATION I, JOHN DOUGHERTY, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on June 29, 1999: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitvil.le Pike Lancaster, PA 17601 GOLDBERG, KATZMAN & SHIPMAN, P.C. Je feVMri J. Shipman, squire 32 Market Street Ha risburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 Identification No.: 51785 25496.1 ., ,. ,, i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DOUGHERTY, Plaintiff NO.: 99-3243 Vs. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendants, Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Jefferson J. Shipman, Esquire 320 Market Street LT .O. Box 1268 Harrisburg, PA 17108-1268 DATE : EAGER, REINAKER & SPINELLO BY: George H. Eager, Esquire F..ttorney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r^ f -, cY -^ -: ??7_ ,_ 1 ?-' ? Ci •, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DOUGHERTY, Plaintiff NO.: 99-3243 VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants JURY TRIAL DEMANDED ANSWER AND NOW COME DEFENDANTS, BY AND THROUGH THEIR ATTORNEY, GEORGE H. EAGER, AND FILE THE FOLLOWING ANSWER: 1.- 7. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT I JOH_NDOUGHERTY vs. DIANNE HOELLMAN Paragraphs 1 through 7 inclusive above are incorporated herein by reference and made a part hereof. 8.- 13. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT II JOHN DOUGHERTY vs. _JAMES J. HOELLMAN. JR. Paragraphs 1 through 13 inclusive above are incorporated herein by reference and made a part hereof. 14.- 17. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendants ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. EAGER, REINAKER & SPINELLO BY: ?L George H. Eager, squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, DIANNE B. HOELLMAN, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. DIANNE B. HOELLMAN Dated: Z? " rr 1. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 EAGER, REINAKER & SPINELLO DATE: 7)az 199 BY: George H. Ea , Esquire Attorney for efendants i.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 V c"I cN ti n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DOUGHERTY, Plaintiff VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants NO.: 99-3243 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendants Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE : Zla Q EAGER, REINAKER & SPINELLO BY: G_2 ell / George H. Eager, Esquire Attorney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717).290-7971 C ~? ? T ; h:o ?' '?1. 1.1.1=? t j:5i ?_i_. r. 0... .., 'J ??.) ? .- ' ' ' 1" Cq ..,. 4 1 N C (?. '1 ..? U1 .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DOUGHERTY, NO. 99-3243 Plaintiff V. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE : 11 1 Z y !/ --2 George H. Eager, Egq- .re Attorney for Defen nts I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DOUGHERTY, Plaintiff VS. DIANNE B . HOELLMAN and JAMES J. HOELLMAN, JR., Defendants NO. 99-3243 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANTS DIANNE B. H02LLMAM AND JAMES J. HOELLMAN JR. intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena If no objection is made, the subpoena may be served. DATE:_ I (-71 q ? GEORGE H. EAG , ESQUIRE ATTORNEY FOR DEFENDANTS I.D. NO. 27740 1347 FRUITVILLE PIKE LANCASTER, PA 17601 (717) 290-7971 COV4XMEALTH OF PI2IIS7(I,UANIp COUNTY OF CUMBERLAND JOHN C. DOUGHERTY, Plaintiff vs. File No. 99-3243 DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants SUBPOENA TO PRODUCE D?1diENTS OR THINGS FOR OISOOVERY PURSUANT TO RULE 4009.22 TO: Medical Center, 2601 N. 3rd Street, Harrisbi (Name of Person or Entity) PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Abstract of any and all medical records, reports and films pertaining to John C. Dougherty, DOB: 2/14/52: SSN: 791-G9_R7cn at Eager, Reinaker & Spinello, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601 (Address) - You may deliver or mail legible copies of the do,-uments or produce things requested b% this subpoena, together with the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order canPalling you to amply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike Lancaster PA 17601 TELEPHONE:_ (717) 290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defendants BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) CC 4WftFALTH OF PENNSYLVANIA COONTY OF COMBERIAND JOHN C. DOUGHERTY, Plaintiff VS. File No. 99-3243 DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR OISOOVERY PURSUANT TO RULE 4009.22 TO: Seidle Hospital, 120 South Filbert Street, Mechanicsburg, PA 17055-6591 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to Produce the following doa.ments or things: Abstract of any and all medical records, reports and films pertaining to John C. Dougherty, DOB: 2/14/52;,SSN: 191-42-8750 at Eager, Reinaker & Spinello, 1347 Fruitville Pike', Lancaster, Pennsylvania, 17601 (Address) You may deliver or mail legible copies of the doalnents or produce things requested b% this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order czmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike Lancaster PA 17601 TELEPHONE'- '(717) 290-7971 SUPREME COURT 10 # 27740 _ ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Scal of the Cau't Deputy (Eff. 7/97) C0141ONF1MTH OF PUMYLVANIA COUNTY OF CUb1BERIAND JOHN C. DOUGHERTY, Plaintiff VS. File No. 99=3243 DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Neuro Assoc.Ltd. 108 Lowther Street, " P PA 17041 (Name of Person or Entity)mnm Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records, medical and or accident correspondence, notes, receipts, bills, films, etc. and any other information pertaining to: John C. Dougherty; DOB: 2/14/52; SSN: 191-42-8750 at Eager, Reinaker & Spinello, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrtpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order oompelling you to ccrrply with it. THIS SUBPOENA WAS ISSUED.AT THE REQUEST OF THE FOLLOWING PERSON: NAME. George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347 Fruitvi.lle Pike Lancaster, PA 17601 TELEPHONE!- (717) 290-7971 _ SUPREW COURT 10 # 27740 _ ATTORNEY FOR: Defendants DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) COIRIONNIFALTH OF PMIEr ,VANIA COUNTY OF CUMBERTAND JOHN C. DOUGHERT.Y, Plaintiff VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants File No. 99-3243 SUBPOENA TO PRODUCE DOCLJrENl'S OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Health Resources, 4601 Locust Lane, Harrisb (Name of Person or Ent 101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records, medical and or accident correspondence, notes, receipts, bills, films, etc, and any other information pertaining to: John C. Dougherty; DOB: 2/14/52; SSN: 191-42-8750 at Eager, Reinaker & Spinello, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601 (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FCLLCWING PERSON: NAME: George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHONE?- .(717) 290-7971 SUPREW COURT ID # 27740 _ ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) CU410NBMME OF PENNSYLVANIA CCUNPY OF Ct? JOHN C. DOUGHERTY, Plaintiff vs. DIANNE B. HOELLMAN and File No. 99-3243 JAMES J. HOELLMAN, JR., Defendants SUBPOENA TO PRODUCE maj ENTS OR THINGS FOR DIS?VERY pUpgrJyNI TO RULE 4009.22 TO: Central PA at Reinaker i.94i Yruitville Pike, Lancaster, Pennsylvania, 17601 (Address) You may deliver or mail legible copies of the docunents or produce things requested b. this subpoena, together with the certificate of wrpliance, to the P y art making thi : request re the address listed above. You have the right to seek in advance `he reasonable cost of poaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t?-'enty (20) days after its service, the party serving this subpoena may seek a court order ocapelling you to cotply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAPE: George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike -Lancaster, PA 17601 TELEPHONE.-- (717) 290-7971 SUPREME OCURT ID # 27740 ATTORNEY FOR: Defendants By THE COURT: DATE Protlwnotary/Clerk, Civil Division Seal of the Court Deputy 52 Grumbacher Road 1112, York, PA 17402 (Name of Person or Entity) ---- Within twenty (20) days after service of this subpoena, You are ordered by the court to produce the following documents or things: any and all records, medical and or accident correspondence, notes, receipts, bills, films, etc, and any other information pertaining to: John C. Dougherty; DOB: 2/14/52; SSN: 191-42-875Q (Eff. 7/91) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBFRUAN0 JOHN C. DOUGHERTY, Plaintiff VS. File No. 99-3243 DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants SUBPOENA TO PRUOUCE DOCiI•ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Box PA 17108-9001 rerson or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete first party file of Plaintiff John C. Dougherty,, DOB: 2/14/52• SSN: 191-42-8750; group no. 2011; policy no. 9000AL00933 at Eager, Reinaker & Spinello, 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601 (Address) You may deliver or mail legible copies of the *cunents or produce things requested h? this subpoena, together with the certificate of carnpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If You fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order opmpellim you to co, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHONE:- (717) 290-7971 SLFREhE COURT ID # 27740 __ ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) JOHN C. DOUGHERTY, Plaintiff VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants File No. 99-3243 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 American Basement System, Inc., 75 Uttley Drive, Camp Hill; PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all employment records or reports, etc. and any other information pertaining to: John C. Dougherty; DOB: 2/14 52; SSN: 191-42-8750 at Eager, Reinaker & Spinello, 1347 Fruitville Pike, Lancaster., Pennsylvania, 17601 (Address) You may deliver or mail legible copies of the iocuments or produce things requested b) this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order crnpelling you to ccrnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:- George H. Eager, Esquire Eager, Reinaker & Spinello ADDRESS: 1347'Fruitville Pike Lancaster. PA 17601 i - TELEPHONE!- (717) 290-7971 SUPREYH COURT ID # 27740 _ ATTORNEY FOR: Defendants DATE: Sear of the Court COF4DNWEl1LTH OF PENNSYLVANIA OXIM OF COM MI.AM BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the person and in the manner indicated below. Service by First Class mail, addressed as follows: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Plaintiff) EAGER, REINAKER & SPINELLO BY:f George . Eager, squire Attorney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Dated:??? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Plaintiff) EAGER, REINAKER & SPINELLO DATE: 9I2?I9?- BY:_ H ag " / George H. •ager, E uire Attorney for De dants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ?- ,?, ti ? - ?_ _ 1L''. fJJ - _?? l : ?! '. - , ( . -1 1 i.. • ? I L_ ?-' CIl a+ ?) U 320 MARKET STREET • STRAWBERRY SQUARE P.O. BOX 126H HARRISRURG, PENNSYLVANIA 17108-1268 717.234.4161 • 717.234.6808 (PAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. G16' i January 17, 2001 OF COUNSEL F. LEE SIHPMAN JOSHUA D. LOCK ARTIIUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY 1. Russo MICHAEL. J. CROCENZI THOMAS J. WEBER ARNOLD B, KOGAN ROYCE L. MORRIS EVAN J. KLINE, 111 JoUN DELORENZO STEVEN E. GRUBB JoHN R. NINOSKY DAVID M. STECKEL Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 Gregory Knight, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Michael Sadowski, Esquire 3510 Trindle Road Camp Hill, PA 17011 In re: John C. Dougherty v. Diane B. Hoellman and James J. Hoellman Arbitration Hearing Monday, January 29, 2001, 10:00 A.M. Dear Counsel: I am writing to advise of a potential conflict for the Arbitrations Hearing in this case. I am attached for trial in Cumberland County for the week of January 29, 2001. Currently, I am case number 12 and I except the case will be reached, although I am uncertain as to when the trial will. begin. I will have my office call each of your offices by Friday, January 26, 2001, regarding the status of my trial JJS : mean cc: George H. Eager, Esquire V;60, .I C4RLI SLF 01'f icf:: 717.:45,11541 • YuRK 01 fI[f: 717.843.7912 f?, lit IN THE COURT OF COMMON PLEAS OF if CUMBERLAND COUNTY, PENNSYLVANIA V. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, Defendants CIVIL ACTION - LAW NO. 99-3243 CIVIL NOTICE OF MEETING OF ARBITRATORS PLEASE TAKE NOTICE that the Arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Monday, January 29, 2001, at 10:00 o'clock A.M. in the Old Courthouse, 2nd Floor Hearing Room, Carlisle, Pennsylvania. Taylor P. Andrews, Esquire Gregory Knight, Esquire Michael Baddowski, Esquire Date: d- Z ?at) By: Andrews, Chairman TO: Gregory Knight, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Jefferson J. Shipman, Esquire 320 Market Street Harrisburg, PA 17108 Bulletin Board Prothonotary's Office Cumberland County Court House Carlisle, PA 17013 Michael Badowski, Esquire 3510 Trindle Road Camp Hill, PA 17011 George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Court Administrator's Office Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 JOHN C. DOUGHERTY, Plaintiff Vs. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, Defendants IN THE COURT OF COMMON PLe-AS OF CL14BERLAND COUNTY, PENNSYLVANIA N0. 3243 19 99 CIVIL CIVIL ACTON - LAW RULE 1312-1. The Petition for Appointment of arbitrators shall be substantially in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, Esquire, counsel for the plaintiff/&LXMK C in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $_25000.00 The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: JPffpr an and Geor a H. Ea er WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 4efsApt'fu,lT1 y h tt ed, fersn . Shipman, Esquire 9RDER OF COURT AND NOW,y -ad 0 49E 91_' in consideration of the i /? foregoing petition, /!/f L Esq., _ Esq.r aad?a ,Esq., are appointed rbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. ?' -•? (jt11S?i? (?? QIC ?? 7? 111'. ?l?• .?1U I ?lY Cw PL•NNSYIVNNW iz ' irr ° r_ ' ,. 1 t ? • l C;I f r ?. . i r, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 14, 2000: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 GOLDBERG, KATZMAN & SHIPMAN, P.C. • Je a son j. Shipman, squire 32 Market Street Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4161 Identification No.: 51785 25496.1 Ii co 1 ' -fir ??• V O_ ?al ,ilila auli. V Q lJ Jefferson J. Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff JOHN C. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW DIANNE B. HOELLMAN and NO:9q- 33 CIVIL, 1999 JAMES J. HOELLMAN, JR., Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: PLEASE issue a Writ of Summons, advising the Defendants of 6 S.N.A. Lane Lower Allen Township, Mechanicsburg, PA, 17055, that the Plaintiff has commenced an action in trespass against them that they will be required to defend. GOLDBERG, KATZMAN & SHIPMAN, P.C. Jeet§6n J. Shipman, lFsq At rney I.D. 51785 32U' Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff DATE: May 28, 1999 23770.1 Ga h JJ J !1 J c'?hy v) 61 O Stephen Granoff, CPCU June 24, 1998 Page 3 r . 1 Commonwealth of Pennsylvania County of Cumberland John C. Dougherty V/. Dianne B. Hoellman and James J. Hoellman, Jr. 6 S. N. A. Lane Mechanicsburg, Pa. 17055 Court of Common Pleas No. __y4 _3243 ------------ 19 In -- Civii_114tiQA_LdPL..-------------------- To Dianne B.-Hoel.Unan and James__7_Iiggllman, Jr. ----------------- You are hereby notified that --John C. Dougherty ------------------------•---------------------------------------- the Plaintiff has commenced an action in ______ Ciyil Law______________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ---------- Ctlti,_[ts_ ?CXt4._____________________ Prothonotary Date May_ 28 c 1999--------------- 19---- 17>' ?tl ?"------ w .n ENl j in i co g i i CD w co -Hl i? Uj ; ° C t0 ; g n of ml .,ql 41 cli t: ? i U ? X4•'1 ; U? OX O ? i i. ?. i •.? ? N N i i 44 ko a) 1-3 cn t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DOUGHERTY, NO.: 99-3243 Plaintiff VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants PRAECIPE FOR ENTRY OF' APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendants Dianne B. Hoellman and James J. Hoellman, Jr., in the above captioned action. EAGER, REINAKER & SPINELLO BY: .i / to/; George H. Eager, squire Attorney for Defendants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 EAGER, REINAKER & SPINELLO DATE : lD l (4' g e, BY: fly George A. Eager squire Attorney for De endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 m «? . Q m c71 ? JOI IN C. DOUGI IERTY, Plaintiff IN THE COURT OI' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 32V3 DIANNE B. IJOELLMAN and NO.96-39^_2 CIVIL JAMES J. IIOELLMAN .IURY TRIAL DEMANDED Defendants ORDER OF COURT AND NOW, this day of January 2001, in consideration of the attached Motion, the Order of September 20, 2000 appointing arbitrators in the above-referenced case is hereby vacated. Taylor P. Andrews, Esquire, shall be paid $50.00 fur his services as Chairman of the Board of Arbitration. J-ry R?s BY THE COURT: HCE 0I J"1 2!? PH 3: 52 PENNSYLVANIA JOHN C. DOUGHERTY, Plaintiff V. DIANNE B. HOLLLMAN and JAMES J. HOELLMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3??CIVIL JURY TRIAL DEMANDED MOTION TO VACATE APPOINTMENT OF ARBITRATORS PETITIONER, Taylor P. Andrews, Esquire, respectfully represents: 1. Petitioner was appointed Chairman of a Board of Arbitration in the above-captioned matter by the Honorable George E. Hoffer on September 20, 2000. The other arbitrators were Gregory Knight, Esquire and Michael Badowski, Esquire. 2. Petitioner took the time and effort to review the tile. Petitioner also took the time and effort to contact the parties and the Arbitrators were contacted and an Arbitration bearing was scheduled for January 29, 2001. 3. On January 17, 2001, Petitioner was informed by Plaintiffs counsel that the action was settled. Letter is attached hereto as Exhibit I. 4. Petitioner bas expended approximately one hour in the review of documents, correspondence, and preparation of this Motion. 5. Petitioner asks the Court to vacate the appointment of arbitrators. WHEREFORE, Petitioner prays Your Honorable Court to vacate the order ol'September 20, 2000 appointing arbitrators in the above-referenced case, and further requests the Court to direct payment to the Petitioner for his services as Chairman of this arbitration in the amount of $50. Date: /' 7 z -0 01!19!2001 14:55 7172459622 .. :...._..., CPELN LAW L"F=ICES PAGE 02 JFH 19 '01 02:32PM G.K.S•.P.C. F.• 390 MAAEET STILE" 1TAAA7ERR7 SOVARE P•D' E09 1264 A HARAI,IEURO. PENNAYLKANIA 17108.116i 717.216.4161 . 71!.$34.EE0I (FAX) 006015RG, KATZMAN & SHIPMAN. P.C January 19, cu: DP coumn'F LEEIRIPMAN JUmvA D Lou AR'rN1:R L. GOLnEERO (1951-2000) Gouty iEU° HAOar E. GOU Jig faosinile tranoTis$:on (1041-394) 245-9622 Taylor P. Andrews, Esquire R•M&O M. KATEYAN. 79 hest 2orafret ;seer PALS, 1. ENonm Cerlla-a, PA 17 C.13 `1016 NAN0EYR0T 1. JAY COOPER :n re: John C• Lou?-cert, V. .-' ne E. ?Noma 9.IRINNIA and .;a:aes Hoel:n'.a:, IoRNA.9TA•rut ?r?itration Fearing ArRIL L. Slumfl•Kirrar 1Co.'.dL?, January 29, LCJ1, . .:fir. A.M. GUY H. Amu Dear Mr. Andrews: jurnwer J. INIPMAN Jalar). Eu2oe This will confirm tha tel apkone cer.fcrv::r? ?.• MICXAEL J. Aa„CENE1 rad with our ^ - e. ahnv2tory your of.••?_c today" aaviairq :hat !:he. ncn?•±- THOwE1.w6EER referencaa matter has '-eea settled. ARNQI.01. KcoAN ROYCE L.Won" Please contact -..le 1, ,004' have any cuest.on4. EVAN J. 4me.111 JMIN DELORRNEO ?.-re'+(Y yt: u r ? , 9TRVEN 1. GRU/a • 1QXM R.:A:INOEEr DWIO M. EraCREL 3. S ip an , ?JL ZJS : roeri CC: G9CLQ0 2. Eager, zsjuj.e (First Cias? va:..) .YE? GA n.IPLP Qrrit4: 717, Ea/,oStr Yn.. O•.,u sty EaP !7,2 UJ?^? ... L7=J ' ?:? ? • N IU O U Jefferson J. Shipman, Esquire I.D. 0: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17106-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff JOHN C. DOUGHERTY, IN THE COURT OF' COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DIANNE B. HOELLMAN and JAMES J. HOELLMAN, JR., Defendants CIVIL ACTION - LAW 99-3243 CIVIL, JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. DATE: ?? ??> ?0?• 62212.1 GOLDBERG, KATZMAN & SHIPMAN, P.C i ay Jefferson J. Shiphlan, Esquire I.D. #: 51785 P.O. Box 126^0 Harrisburg, PA 17108-1268 Attorneys for Plaintiff. t co G I- 2t u 1 r'; c7 tzp: c ;iiu a- n ?? C7 U