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
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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
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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
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cY -^ -:
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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
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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
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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
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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.
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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
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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
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Stephen Granoff, CPCU
June 24, 1998
Page 3
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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 ?"------
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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
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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
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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
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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.
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