The URL can be used to link to this page

Home My WebLink About10-14261'7' -1 _- NJ .- . A?. I. 002 THOMAS A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CASE No. 2010- 1W.6 0"Lo LL. l BRIAN HILTZ and 1 THE RAILROAD ASSOCIATES, INC. CIVIL ACTION -- LAW Defendants C 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 AN 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 XIDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANN' MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTIMR CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS DvIPORTANT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WTIRRE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 )wkf e?s8?1 K:' 2 38 IS? ?' W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 2010- 1 y4o Cuy I e?M : CIVIL ACTION -LAW COMPLAINT AND NOW, comes Thomas A. Dougherty by and through his attorneys the Law Office THOMAS A. DOUGHERTY, Plaintiff V. BRIAN HILTZ and THE RAILROAD ASSOCIATES, INC. Defendants of Gerber & Associates and. files the following action at law averring: 1. Your plaintiff, Thomas A. Dougherty, is an adult individual residing at 606 West Oak Street, Palmyra, Lebanon County, Pennsylvania. 2. Your defendant, Brian Hiltz, is believed to be an adult individual residing at 303 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 3. Your defendant, the Railroad Associates Corporation is believed to be a Pennsylvania Corporation with offices at 4910 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. At all times relevant hereto, defendant Hiltz was believed to be an agent or employee of defendant Railroad Associates operating a motor vehicle owned by Railroad Associates with their authority and consent. 5. On March 7, 2008 at approximately 6:05 AM Dougherty was operating his motor vehicle in a lawful fashion in Silver Springs township traveling North bound on Main Street. 6. The vehicle operated by Hiltz was a cabin trialor attempting to cross over Main Street South bound on North Locust Road. 7. Hiltz failed to yield the right of way to Dougherty causing a violent collision in the intersection between the Hiltz and Dougherty vehicles. 8. At all times relevant hereto Dougherty was operating his motor vehicle in a lawful fashion. COUNT I - NEGILIGENCE Paragraphs 1-8 are incorporated herein by reference. 9. Hiltz operated his vehicle in a negligent fashion, without reasonable care and diligence and with careless disregard for the safety of others as follows: a. Hiltz failed to yield the right of way to Dougherty. 1 b. Hiltz failed to stop at the stop sign for his lane of travel. c. Hiltz failed to operate his motor vehicle at a safe speed. d. Hiltz failed to maintain control and operate his motor vehicle in a safe fashion. e. Hiltz and Railroad Associates failed to operate its motor vehicle with lighting required by law. f. Hiltz and Railroad Associates failed to maintain their vehicle so they could be operated safely among the roadways of the Commonwealth of Pennsylvania. g. Such other negligence in violation of law as are determined during the course of discovery and/or trial of this matter. 10. As a direct result of the negligence of the defendants, Hiltz and Railroad Associates, Dougherty was injured in a collision. 11. Dougherty maintains full tort coverage on his motor vehicle. 12. Dougherty had suffered serious medical injuries including but not limited to his cervical spine for which he has required treatment and care. 13. Dougherty will require future medical care and treatment as a direct result of the injuries suffered in this collision. 14. Dougherty has suffered and will continue to suffer loss of earning capacity because of the injuries sustained in this collision. 15. Dougherty has incurred severe pain and suffering as a direct result of this motor vehicle collision. 16. Dougherty has suffered and will suffer in the future substantial loss of life's pleasures and enjoyment as a direct result of this motor vehicle collision. WHEREFORE, your plaintiff demands judgment against defendant Hiltz and defendant Railroad Associates Incorporation in an amount in excess of $50,000.00 and demands a jury trial. GERBER & ASSOCIATES Q N"9, 1? aim Daryl J. Ger , Es e I.D. No. 213 46 East Main Street Palmyra, PA 17078 (717) 838-5411 l •y THOMAS A. DOUGHERTY, Plaintiff V. BRIAN HILTZ and THE RAILROAD ASSOCIATES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2010- CIVIL ACTION -LAW VERIFICATION I, Jeffrey Callahan, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. Date: d -/F-/O 0., JE ?? Thomas A. Dough y THOMAS A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. / : CASE NO. 2010- L"_?n BRIAN HILTZ and THE RAILROAD ASSOCIATES, INC. CIVIL ACTION -LAW Defendants ENTRY OF APPEARANCE To the Prothonotary: Enter my appearance on behalf of Thomas A. Dou hegy, plaintiff in the above case. Papers may be served at the address set forth below. n Daryl J. Gerber, Esquire = ;'?? =r?' GERBER & ASSOCIATES al 46 East Main Street -- Palmyra, PA 17078 (717) 838-5411 dgerber 1gerberlawoffice.com =-= =- GERBER & ASSOCIATES Date: By: Q)!?ML h Daryl J. Ger , E ire 46 East Main Stre t Palmyra, PA 17078 (717) 838-5411 ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L ; i ?,?! Sheriff T'i ?at'«irof ?l?+rabrr???t? , Jody S Smith Chief Deputy 2110 i116 r t J Edward L Schorpp , .; Solicitor C)FFfcF, r ,-ERIFF Cam, ;; , ; Thomas A. Dougherty vs. The Railroad Associates, Inc. Case Number 2010-1426 SHERIFF'S RETURN OF SERVICE 03/12/2010 04:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2010 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: The Railroad Associates, Inc., by making known unto Dawn Blai , ontroller for The Railroad Associates, Inc. at 4910 Simpson Ferry Road, Mechanicsburg, mberl nd ounty, Pennsylvania 17050 its contents and at the same time handing to her p r ally he aid true and correct copy of the same. P HARRISON, DEPUTY SHERIFF COST: $37.00 March 15, 2010 SO A 6z NSWERS, rf . 2:2? RON R ANDERSON, SHERIFF h') GOUMYSLAO Sheriff. Te;eosoff Inc. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 7 raN, IN THE THE R OF: DOUGHERTY -VS- ASSOCIATES, INC., ET AL C= 3: COURT OF COMM(* rFL X TERM, -< C7 CUMBERLAND A C-) CASE NO: 2010 y'+ KN% 7 -1-j w<': -In C) C) ? As a prerequisite to service of a subpoena for documents and things pursuant to Rut 4009.22 MCS on behalf of WILLIAM DENGLER, ESQ. certifies that ( ) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (?L) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (?3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, ( ) The subpoena which will be served is identical to the subpoena w?h is attached to the notice of intent to serve the subpoena. -/ MCS on behalf of DATE: )3/29/201 1 /S/ VVaLLiam 20444, WILLIAM DENGLER, ESQ. Attorney for DEFENDANT DEBORAH.BYRNES®ZURICHNA.COM MCS # 20400-L13 DE12 APR/01/2011/FR1 01:37 PM _, 03 011 P. 001/001 KENDRZAK G LLOYD WILLIAM DBOGMR, M. (610) 709-8566 We hi expel regim Pori( imm requt your since SANIC Note: e been requested by the above-mentioned counsel to obtain material on an . ted basis frog the below listed custodians. in order to comply with this t we must have your signature iudicatiaq that you waive the twenty-day notice provided in Rules 4009.21.and 4009.22. Please fax this form to us ately at (215) 531-5754 with Isar ei?tWo.?.....so that we Atay Comply with this t. ..w? MCCAFFREY 1601 Market Street, Suits 800, Philadelphia Pennsylvania 19103 (215) 246'-0900 pax Number (215) 531 -5754 UPAMT! j+1111 1i1!! THOMA$ DOUGHERTY TROMAS DOUGHERTY Vs THE RAILROAD ASSOCIATES, INC., ET AL would be greatly appreciated. Attached List of Locations DARYL "ER, ESWIRE -,Fax: (717) 838-304 h I agr to waive waiting pe ? Date:_ Copies Yes No I agre o he invoice provided with the documents Review Doeuants: Yes No Advise of cost I do not agree to waive rule: Date: R.illix% Info: yv =rld - 20400-01 IN THE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND R OF: DOUGHERTY -VS- THE RA LROAD ASSOCIATES, INC., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 2010-1426 THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SSA-DI ABILITY DISABILITY FILE MICHAE MCCADDEN WORKER COMPENSATION RECORDS OLD REPUBLIC INSURANCE COMPANY WORKER COMPENSATION RECORDS TO: D YL GERBER, ESQUIRE MCS on behalf of WILLIAM DENGLER, ESQ. intends to serve a subpoena identi al 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 unders'gned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the at ached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/29/2011 CC: WILLIAM DENGLER, ESQ. KI ERLIE OLIVER DARYL GERBER, ESQUIRE L/O OF DARYL GERBER 46 EAST MAIN STREET PALMY RA, PA 17078 MCS on behalf of WILLIAM DENGLER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 20400-CO1 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND kS DOUGHERTY File No. _ 2010-1426 vs. T RAILROAD ASSOCIATES, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for__ SSA-DL ARII.rTY (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: '? _SEE ATTACHED RIDER **** at The MCS Group, Inc- 1601 M arket Street Suite 900- Philadc4&&-PL-19l03 You may deliver or mail legible copies of the documents or produce things requested by 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 t produce the documents or things required by this subpoena within twenty (20) days after its service, the party se ing this subpoena may seek a court order compelling you to comply with it. THIS NAME: ADDRESS: SUPREME ATTORNE Date: WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: WILLIAM DEN LE - •S2 _3701 CO PORATF CIE PKWY S IM 100- CENTER VALLEY. PA 18034 :: _ (215) 246-0900 OURT ID FOR: Defendant T: 7iWoVnolerkCivi l Di vision Deputy Seal of the Court 20400-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SSA-DISABILITY 1234 MARKET ST. 20TH FL. PHILADELPHIA, PA 19103 RE: S # 20400-L13 T S DOUGHERTY 6 W. OAK STREET P LMYRA, PA 17078 Date o Birth: 05-29-1955 Entire disability file, including but not limited to medical reports and/or records, claims, and any and all correspondence, documentation supporting plaintiff's claim, applications, payment including dates of paymen s, payee and reasons for payments, including any and all items as may be sto d in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $500.00 for hospitals, $100.00 for A other providers. MCS # 20400-L13 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS THOMAS DOUGHERTY TERM, CUMBERLAND -VS- CASE NO: 2010-1426 THE RA?LROAD ASSOCIATES, INC., ET AL I As a p erequisite to service of a subpoena for documents and things pursuant to Rul 4009.22 MCS on behalf of WILLIAM DENGLER, ESQ. certifies that ( ) 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (}?) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE : MCS on behalf of 011 /S/ William 2etW4r? , Lt. WILLIAM DENGLER, ESQ. Attorney for DEFENDANT DEBORAH.BYRNES@ZURICHNA.COM MCS # 20400-L14 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THE DOUGHERTY vs. ASSOCIATES, INC., ET AL File No. 2010-142 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Records for MICHAEL MCCADD N (Name of Person or Entity) Within twenti (20) days after service of this subpoena, you are ordered by the court to produce the following documents o f things: **** SEE ATTACHED RIDER **** at You may de fiver or mail legible copies of the documents or produce things requested by this subpoena, together with the cert ficate of compliance, to the party making this request at the address listed above. You have the right to seek, in vance, the reasonable cost of preparing the copies or producing the things sought. If you fail t tg oduce the documents or things required by this subpoena within twenty (20) days after its service, the party se this subpoena may seek a court order compelling you to comply with it. THIS NAME: ADDRESS: WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: WILLIAM DENGLER- ESO 3701 CORPORATE CT_R. PKWY SUITE 100 CENTER VALLEY_ PA 18034 SUPREME ?OURT ID #: ATTORNEY FOR: Defendant BY COURT: APR 7 2011 Pro /Clerk, ivil Division Deputy Date: ld' .' Seal of the Court 20400-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MICHAE MCCADDEN CARPEN ER.MCCADDEN.LANE 102 CH SLEY DRIVE MEDIA, PA 19063 RE: S # 20400-L14 IHOHAS DOUGFiERTY 06 W. OAK STREET ALMYRA, PA 17078 Date f Birth: 05-29-1955 Pleas provide entire workers compensation files, including but not limited to all medical records, claims, correspondence, documentation supporting plaintiff's claim, payments, including dates of payments, payee and reaso s for payments. This should contain all records in your possession, all archi ed records, or records in storage. Including any and all items as may be store in a computer database or otherwise in electronic form. WC BUREAU #3455270 Prior appproval is required for fees in excess of $500.00 for hospitals, $100.00 for all other providers. MCS # 20400-L14 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA I PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS THOMAS DOUGHERTY TERM, CUMBERLAND -VS- CASE NO: 2010-1426 THE RAILROAD ASSOCIATES, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rul 4009.22 MCS on behalf of WILLIAM DENGLER, ESQ. certifies that DATE : I ( ) 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, (¢) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, () The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. )3/29/2 MCS on behalf coif D /S/ 20ew4r, ems. WILLIAM DENGLER, ESQ. Attorney for DEFENDANT DEBORAH.BYRNESAZURICHNA.COM MCS # 20400-L15 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DOUGHERTY VS. TO: File No. 2010-1426 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 i THE ASSOCIATES, INC., ET AL of Records for OLD REPUBLIC INSURANCE COMPANY (Name of Person or Entity) Within twen (20) days after service of this subpoena, you are ordered by the court to produce the following documents o things: **** SEE ATTACHED RIDER**** at The ICS Gr=. Inc., 1601 Market StreeL Suite 800- Pbiladelphia. PA 19103 You may del ver or mail legible copies of the documents or produce things requested by this subpoena, together with the certi icate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad ance, the reasonable cost of preparing the copies or producing the things sought. If you fail to roduce the documents or things required by this subpoena within twenty (20) days after its service, the party se ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _WILLIAM DENGLER. ESO. ADDRESS: 3701 CORPORATE CTR. PKWY SUITE 100 CENTER VAL.L.EY? PA 18034 (215) 246-0900 PURT #: it F_ Defendant Date: ?.w "APR 07 20fl T-y-(/ Seal of the Court B THE COURT: (?jtj notary/Cle Civil Division Deputy 20400-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: OLD RE BLIC INSURANCE COMPANY P.O. B 2200 GREENBU G. PA 15601 RE: MC # 20400-L15 TH)MS DOUGHERTY 605 W. OAK STREET P MYRA, PA 17078 Date o Birth: 05-29-1955 Please provide entire workers compensation files, including but not limited to all medical records, claims. correspondence, documentation supporting plaintiff's claim, payments. including dates of payments, payee and reasons for payments. This should contain all records in your possession. all archive records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. CLAIM #001033-324997-WC-0 WC BUREAU #3455270 Prior a proval .is. required for fees in excess of $500.00 for hospitals, $100.00 for all other providers. -., -. MCS # 20400-L15 SU10 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff THOMAS A. DOUGHERTY Plaintiff V. BRIAN HILTZ and THE RAILROAD ASSOCIATES, INC. Defendant c7 c °n --? MW o -n mot= r' -<D J mej C) MC a z, c w rn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1426 CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now, this 3?d day of November, 2011, 1 hereby certify that a true and correct copy of the Notice of Deposition of Brian Hiltz has been served upon the following via U.S. First Class Mail, postage prepaid. Brian Hiltz c/o William E. Dengler, Esquire 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 ER & JANUZZI, LLP By: Adam T.'Wolfe, Esquire Attorney I.D. # 201057 0TEdON0 TAR` 2N2 MAP -8 P 2: 10 CUMBERLAND COUNTY WILLIAM E. DENGLER, ESQUIRfENNSYLVAN 'TORNEY FOR DEFENDANTS e-mail: bill.dengler@zurichna.com BRIAN HILTZ and Attorney I.D. No: 72696 THE RAILROAD ASSOCIATES HENDRZAK & LLOYD CORPORATION (Incorrectly identified as 3701 Corporate Parkway, Suite 100 "The Railroad Associates, Inc.') Center Valley, PA 18034 (610) 709-8705 THOMAS A. DOUGHERTY CUMBERLAND COUNTY COURT OF COMMON PLEAS V. BRIAN HILTZ and NO.: 2010-1426 THE RAILROAD ASSOCIATES, INC. TRIAL BY JURY OF 12 DEMANDED ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinue,Afand ended upon payment of costs only. AbAM WOLFE, ESQUIRE ATTORNEY FOR PLAINTIFF DA