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Home My WebLink About08-2235Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: SPEARSehhrlaw.com ALBERT CASCIOTTI 1037 Beech Street Hershey, PA 1033 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Defendant(s) & Address(es) Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Andrew C. Spears 1300 Linglestown Road Harrisburg, PA 17110 Signature of Attorney (717) 238-2000 Supreme Court ID No. 87737 Name/Address/Telephone. No. of Attorney Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED AINTIFF(S) HAS/HAVE COMMENCED AN A T YOU. Date: i y? olLY1$? by t Deputy Check here if reverse is used for additional information PROTHON. - 55 Attorneys for Plaintiff No. 2008 a?3S (:UW Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED JULIE A. HIGGINS aka JULIE A. MILLER 23 High Street Hummelstown, PA 17036 TIMOTHY C. HIGGINS 142 Roundtop Road Middletown, PA 17057 N w ? ?9t s.r., r 0 0 ca ?F C5 m O '"C SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASCIOTTI ALBERT VS HIGGINS JULIE A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HIGGINS JULIE A AKA JULIE A MILLER but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 24th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer - Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas K 'ne Dep Dauphin Co 57.25 Sheriff of Cumberland County Postage .58 9 4. 8 3 ? yea F/0 P 04/24/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASCIOTTI ALBERT VS HIGGINS JULIE A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TTTr4fP TTTCT M7WA/%MTS117 r4 to wit: but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 24th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge So answer 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 00 16.00 '9/'12 8116 P 9- 04/24/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Peniisylvahil Albert Casciotti VS. Julie A. Higgins et al SERVE: No. 08-2235 civil Julie A. Higgins aka Julie A. Miller Now, April 9, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to _ So answers, Sheriff of County, PA COSTS Sworn and subscribed before me this day of )20. copy of the original the contents thereof. SERVICE $ MILEAGE AFFIDAVIT titOf to ?Shvor j Mary Jane SgVer Charles E. Sheaffer Real Estate Depu Chief Deputy William T. Tully t Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ALBERT CASCIOTTI VS County of Dauphin JULIE A. HIGGINS AKA JULIE A. MILLER Sheriffs Return No. 2008-T-0806 OTHER COUNTY NO. 08-2235 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JULIE A. HIGGINS AKA JULIE A. MILLER the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, APRIL 17, 2008. 23 HIGH STREET IS NOT A GOOD ADDRESS; PER TIMOTHY HE DOES NOT KNOW A GOOD ADDRESS FOR JULIE Sworn and subscribed to So Answers, before me this 21 ST day of April, 2008 110 NOTARIAL SEAL RY JANE SNYDEltNotary Fabli Highspire, Dauphin County Lmy Commission Ex ires Sept 1 2010 eriff of uphin County, Pa. By Deputy Sheriff Deputy: TINA FRANCIS Sheriffs Costs: $114.5 4/11/2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Albert Casciotti vs. Julie A. Higgins et al SERVE: Timothy C. Higgins No. 08-2235 civil Now, April 9, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 320 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the f??fixt of the e$herfff Ma%Jane Sn der R Estate Depu William T. Tully Solicitor 9" Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ALBERT CASCIOTTI Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS County of Dauphin JULIE A. HIGGINS AKA JULIE A. MILLER Sheriffs Return No. 2008-T-0806 OTHER COUNTY NO. 08-2235 And now: APRIL 17, 2008 at 12:10:00 PM served the within WRIT OF SUMMONS upon TIMOTHY C HIGGINS by personally handing to TIMOTHY C HIGGINS 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101 Sworn and subscribed to before me this 21 ST day of April, 2008 Ao? NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County LMt Commission Expires t 1 2010 So Answers, ex'?? eriff of D u hin County, Pa. By Deputy Sheriff Deputy: TINA FRANCIS Sheriffs Costs: $114.5 4/11/2008 Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 E-mail: SPEARSCcrhhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED ALBERT CASCIOTTI 1037 Beech Street JULIE A. HIGGINS aka JULIE A. MILLER Hershey, PA 1033 23 High Street versus Hummelstown, PA 17036 TIMOTHY C. HIGGINS 142 Roundtop Road Middletown, PA 17057 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TRUE COPT FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. TO THE PROTHONOTARY OF SAID COURT: a This .....1......... day of. ......., ..... . Please issue A Writ of Summons in the above-captioned action. .:..??., Prothonotary X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Andrew C. Spears 1300 Linglestown Road Harrisburg, PA 17110 Signature of Attorney (717) 238-2000 Supreme Court ID-No. 87737 Name/Address/Telephone. No. of Attorney Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED INTIFF(S) HAS/HAVE COMMENCED AN CT T YOU. P onot Date: 114 by __4C24? Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 h S .1 d b- 8dtl 8001 JJ183HS 3131 ao P ? Andrew C. Spears, Esquire I . D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 E-mail: SPEARSCu_hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. aa'W 2008 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED ALBERT CASCIOTTI 1037 Beech Street JULIE A. HIGGINS aka JULIE A. MILLER Hershey, PA 1033 23 High Street versus Hummelstown, PA 17036 TIMOTHY C. HIGGINS 142 Roundtop Road Middletown, PA 17057 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please reinstate the Writ of Summons in the above-captioned matter so that Defendant Julie Higgins a/k/a Julie Miller can be served at Dauphin County Prison where she is currently incarcerated. Date: Q? Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Chi , Andrew C. Spears Esquire 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs 7k ? N_ 5 -- G - cn -zz a >c- ti SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASCIOTTI ALBERT VS HIGGINS JULIE A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HIGGINS JULIE A AKA JULIE A MILLER but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 27th , 2008 this office was in receipt of the attached return from DAUPHIN . Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 47.25 Sheriff of Cumberland County Postage 1.35 85.60 G?oYJdB, 05/27/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. In The Court of Common Pieas,,of Cumberland County, Pennsylvania Albert Casciotti VS. Julie A. Higgins aka Julie A. Miller No. 08-2235 civil Now, may 16,..'.2008 , L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Daub's' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of.Service Now, 9 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20, COSTS SERVICE MILEAGE_ AFFIDAVIT County, PA tiatutt of he 'Serfrf Mn ane Snyyder R 1 Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy ALBERT CASCIOTTI VS JULIE A. HIGGINS AKA JULIE A. MILLER DCP#70250 Sheriffs Return No. 2008-T-1123 OTHER COUNTY NO.082235CIVIL And now: MAY 21, 2008 at 1:48:00 PM served the within REISSUED WRIT OF SUMMONS upon JULIE A. HIGGINS AKA JULIE A. MILLER DCP#70250 by personally handing to JULIE A. HIGGINS AKA JULIE A. MILLER DCP#70250 1 true attested copy of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at WOODSIDE 451 MALL ROAD HARRISBURG PA 17111 Sworn and subscribed to before me this 21 ST day of May, 2008 110i NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspir, Dauphin County M Commission Expires Set 1 2010 So Annsswers,? k;71 Sheriff of Dauphin C By Deputy: W CONWAY Sheriffs Costs: $47.25 5/20/2008 Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Karen W. Miller, Esquire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendants, Julie A. Higgins and Timothy Higgins ALBERT CASCIOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-2235 JULIE A. HIGGINS, a/k/a JULIE A. CIVIL ACTION -LAW MILLER, and TIMOTHY C. HIGGINS, Defendants JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of the Defendants, Julie A. Higgins, a/k/a Julie A. Miller, and Timothy C. Higgins, with regard to the above-captioned matter. Respectfully submitted, Date: October 29, 2008 B K?4_ ?' A& 4f4frey T. Mc uir , squire Attorney I.D. # 73617 Karen W. Miller, Esquire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendants, Julie A. Higgins, a/k/a Julie A. Miller, and Timothy C. Higgins 06621-170/140157 AW 1, CERTIFICATE OF SERVICE AND NOW, this 2914 day of October, 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 CALDWELL & KEARNS By: ?,.._.., r..3 - _? _ ?-:a f ? " :. 3 ?-1 "' ( ? ._? ?^ T^ ? 1 . .. C?J ..i lk Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Karen W. Miller, Esquire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendants, Julie A Higgins a/k/a Julie A Miller and Timothy C Higgins ALBERT CASCIOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2008-2235 JULIE A. HIGGINS, a/k/a JULIE A. CIVIL ACTION -LAW MILLER, and TIMOTHY C. HIGGINS, Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO ISSUE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Counsel for Plaintiff, Albert Casciotti, to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. Respectfully submitted, Date: 6: ?_r Z? ZOOMS By: -*) - ku, Jeffrey T. McGuire, Esquire Attorney I.D. #73617 Karen W. Miller, Esquire Attorney I.D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendants Higgins 06621-170/140158 a CERTIFICATE OF SERVICE AND NOW, this ag?h day of October 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 CALDWELL & KEARNS By: .i ?.? --? -: r.' 4 -, / '. ?. '- ALBERT CASCIOTTI, Plaintiff V. JULIE A. HIGGINS, a/k/a JULIE A. MILLER, and TIMOTHY C. HIGGINS, Defendants To: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-2235 CIVIL ACTION -LAW JURY TRIAL DEMANDED RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. Prothonot Dated: 10 30 0$ Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com ALBERT CASCIOTTI, Plaintiff V. JULIE HIGGINS a/k/a JULIE MILLER and TIMOTHY HIGGINS, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2235 : CIVIL ACTION -LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 12 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes p6ginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 13 Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com ALBERT CASCIOTTI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2235 JULIE HIGGINS a/k/a JULIE MILLER : and TIMOTHY HIGGINS, CIVIL ACTION -LAW Defendants COMPLAINT AND NOW comes the Plaintiff, Albert Casciotti, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esquire, and makes the within Complaint against the Defendants, Julie Higgins a/k/a Julie Miller and Timothy Higgins, and avers as follows: 1. Plaintiff, Albert Casciotti, is an adult individual currently residing at 1037 Beech Street, Hershey, Dauphin County, Pennsylvania 17033. 2. Defendant, Julie Higgins a/k/a Julie Miller, is an adult individual with a last known address of 451 Mall Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Defendant, Timothy Higgins, is an adult individual currently residing at 142 Roundtop Road, Middletown, Dauphin County, Pennsylvania 17057. 4. At all times material hereto, Plaintiff, Albert Casciotti, was the front-seat passenger of a 2000 Mercedes-Benz operated by Michael Zarreii and bearing Pennsylvania registration number DRW 0769. (hereinafter "Plaintiff's vehicle"). 5. At all times material hereto, Defendant, Julie Higgins a/k/a Julie Miller, was the joint-owner and operator of a 2000 Dodge Caravan bearing Pennsylvania registration number EHP 8522. (hereinafter "Defendant's vehicle") 6. At all times material hereto, Plaintiff, Albert Casciotti, was insured under an automobile insurance policy with USAA Insurance Company. 7. Pursuant to 75 Pa. C.S.A. § 1705, Plaintiff, Albert Casciotti, is permitted to recover for non-economic damages as if he selected full-tort coverage because Defendant, Julie Higgins a/k/a Julie Miller, was convicted and/or accepted Accelerated Rehabilitative Disposition (ARD) for Driving under the Influence of alcohol at the time of the collision. 75 Pa. C.S.A.§ 1705(d)(1)(i). 8. At all times material hereto, there were no adverse weather or road conditions. 9. On or about April 12, 2006, at approximately 12:20 p.m., Plaintiff's vehicle was traveling westbound on Market Street and had come to a stop for a red traffic light controlling the intersection of Market and Front Streets in Lemoyne, Cumberland County, Pennsylvania 17043. 2 10. At approximately the same time and place, Defendant's vehicle was traveling directly behind Plaintiff's stopped vehicle on Market Street in Lemoyne, Cumberland County, Pennsylvania 17043. 11. At approximately the same time and place, Defendant, Julie Higgins a/k/a Julie Miller, carelessly failed to observe Plaintiff's stopped vehicle and/or the red traffic light, and violently struck the rear of Plaintiff's stopped vehicle. 12. Prior to operating Defendant's vehicle and prior to arriving at the time and place above stated, Defendant, Julie Higgins a/k/a Julie Miller, had been consuming alcohol and/or illicit drugs. 13. At the time of the crash, Defendant, Julie Higgins a/k/a Julie Miller, was driving under the influence of alcohol. 14. As a direct and proximate result of the negligence of the Defendants, Plaintiff sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Albert Casciotti v. Julie Higgins a/k/a Julie Miller 15. Plaintiff, Albert Casciotti, incorporates and makes part of this Count paragraphs 1 through 14 above, as if the same were set forth fully below. 16. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Albert Casciotti, were caused directly and proximately by the negligence of Defendant, Julie Higgins a/k/a Julie Miller, generally and more specifically set forth below: 3 (a) In failing to keep a proper lookout for other vehicles lawfully traveling on and/or stopped at the intersection of Market Street and Front Street, in Lemoyne, Cumberland County, Pennsylvania; (b) In failing to operate said vehicle under proper and adequate control in order that she could avoid a collision; (c) In failing to stop for a red traffic signal, in violation of 75 Pa. C.S.A. § 3112(a)(3)(1); (d) In negligently attempting to drive Defendant's vehicle into the intersection of Market Street and Front Street without properly stopping at the red traffic signal; (e) In failing to observe the steady red traffic-control signal then and there existing, in violation of 75 Pa. C.S.A. § 3112(a)(3)(1); (f) In failing to keep a proper lookout for the traffic conditions then and there existing; (g) In failing to exercise the high degree of care required of an operator of a motor vehicle approaching an intersection; (h) In driving Defendant's vehicle in careless disregard for the safety of persons and property, in violation of 75 Pa. C.S.A. § 3714; (i) In failing to operate said vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; 0) In failing to operate Defendant's vehicle at a speed which was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; 4 (k) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (I) In driving while intoxicated, in violation of 75 Pa. C.S.A. § 3802; (m) In driving Defendant's motor vehicle at a time when she was unfit to do so, due to her consumption of alcohol and/or drugs; and (n) In otherwise driving Defendant's vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 17. As a direct and proximate result of the negligence of the Defendant, Julie Higgins a/k/a Julie Miller, the Plaintiff, Albert Casciotti, sustained extensive injuries including, but not limited to, a partially torn ligament in his knee and pain in his neck and shoulder. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his detriment and loss. 20. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has been, and probably will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 5 21. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his detriment and loss. 22. Plaintiff, Albert Casciotti, believes and, therefore, avers that his injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Albert Casciotti, seeks damages from the Defendant, Julie Higgins a/k/a Julie Miller, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - GROSS NEGLIGENCE/OUTRAGEOUS CONDUCT Albert Casciotti v. Julie Higgins a/k/a Julie Miller 23. Plaintiff, Albert Casciotti, incorporates and makes part of this Count paragraphs 1 through 22 above, as if the same were set forth fully below. 24. The occurrence of the aforesaid collision and the resultant injuries to the Plaintiff, Albert Casciotti, were caused directly and proximately by the grossly negligent and outrageous conduct of the Defendant, Julie Higgins a/k/a Julie Miller, generally, and more specifically set forth below: (a) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (b) In driving while intoxicated, in violation of 75 Pa. C.S.A. § 3802; (c) In operating the motor vehicle at a time when she was unfit to do so due to her consumption of alcohol and/or drugs; (d) In willfully, wantonly, and carelessly disregarding the safety of Plaintiff, Albert Casciotti, by operating a motor vehicle while intoxicated; 6 (e) In willfully, wantonly, and consciously disregarding the consequences and health and safety of Plaintiff, Albert Casciotti, by operating a motor vehicle when she was intoxicated to a degree that rendered her incapable of driving safely; (f) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. § 3736; (g) In willfully, wantonly, and with careless disregard for the safety and health of Plaintiff, Albert Casciotti, operating a motor vehicle at a time when she was unfit to do so due to her consumption of alcohol and/or drugs; and (h) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, Albert Casciotti. 25. Defendant's actions in operating the motor vehicle while under the aforementioned conditions amount to gross negligence and outrageous conduct, which Defendant, Julie Higgins a/k/a Julie Miller, knew, or should have known, constituted reckless and wanton disregard for the safety of others. 26. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Julie Higgins a/k/a Julie Miller, the Plaintiff, Albert Casciotti, sustained severe and disabling injuries including, but not limited to, a partiallytorn ligament in his knee and pain in his neck and shoulder. 27. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Plaintiff, Albert Casciotti, has suffered great physical pain, 7 discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 28. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Plaintiff, Albert Casciotti, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his detriment and loss. 29. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Plaintiff, Albert Casciotti, has been, and probably will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 30. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Plaintiff, Albert Casciotti, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his detriment and loss. 31. Plaintiff, Albert Casciotti, believes and, therefore, avers that his injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Albert Casciotti, seeks damages, including punitive damages, from the Defendant, Julie Higgins a/k/a Julie Miller, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 8 32. Plaintiff, Albert Casciotti, incorporates and makes part of this Count paragraphs 1 through 31 above, as if the same were set forth fully below. 33. At all times material hereto, Defendant, Timothy Higgins, jointly owned the motor vehicle Defendant, Julie Higgins a/k/a Julie Miller, was operating. 34. At all times material hereto, Defendant, Julie Higgins a/k/a Julie Miller, operated Defendant's vehicle with the consent and/or permission of Defendant, Timothy Higgins. 35. At all times material hereto, Defendant, Timothy Higgins, knew, and/or should have known, that permitting Defendant, Julie Higgins a/k/a Julie Miller, to operate the vehicle created a foreseeable risk of harm to the Plaintiff, Albert Casciotti, and other motor vehicle operators and passengers on Pennsylvania roadways. 36. Defendant, Timothy Higgins, knew, or should have known, that Defendant, Julie Higgins a/k/a Julie Miller, was unable to operate a motor vehicle safely, generally and more specifically as set forth below: (a) Julie Higgins a/k/a Julie Miller had a history of causing motor vehicle accidents before the collision of April 12, 2006; (b) Julie Higgins a/k/a Julie Miller had a history of citations for careless and/or reckless driving before the collision of April 12, 2006; (c) Julie Higgins a/k/a Julie Miller was intoxicated at the time Timothy Higgins permitted her to use the vehicle; (d) Julie Higgins a/k/a Julie Miller had a history of operating motor vehicles under the influence of drugs and/or alcohol prior to the collision of April 12, 2006; and 9 (e) Julie Higgins a/k/a Julie Miller had a history of drug and/or alcohol abuse prior to the collision of June 14, 2003. 37. Despite knowing this, Defendant, Timothy Higgins, negligently entrusted the use of the vehicle to Defendant, Julie Higgins a/k/a Julie Miller. 38. As a direct and proximate result of the negligence of Defendant, Timothy Higgins, the Plaintiff, Albert Casciotti, sustained extensive injuries including, but not limited to, a partially torn ligament in his knee and pain in his neck and shoulder. 39. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 40. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his detriment and loss. 41. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has been, and probably will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 42. As a direct and proximate result of the Defendant's negligence, Plaintiff, Albert Casciotti, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his detriment and loss. 43. Plaintiff, Albert Casciotti, believes and, therefore, avers that his injuries are permanent and serious in nature. 10 WHEREFORE, Plaintiff, Albert Casciotti, seeks damages from the Defendant, Timothy Higgins, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: --L Andrew C. pears, Esquire Attorney I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 11 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.: J Albert Casciotti Date: / ?? ?? CERTIFICATE OF SERVICE On t G? , I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Jeffrey T. McGuire, Esq. Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 Dated: d -P I ;) ) HANDLER, HENNING & ROSENBERG, LLP Cal? 4=21-1% Andrew C. Sp rs, uire I . D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Claimant 14 C= 0 C= -? i - j D C) C) Cwt G; Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendants Julie Higgins Julie Miller and Timothy Higgins ALBERT CASCIOTTI, Plaintiff V. JULIE HIGGINS a/k/a JULIE MI and TIMOTHY HIGGINS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2235 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Albert Casciotti c/o Andrew C. Spears, I Handler, Henning & Ro 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE HEREBY averments against you to which you thereof. Failure by you to do so may Date: a k. Z LLP that the New Matter set forth herein contains required to respond within twenty (20) days after service an admission. Respectfully submitted, By: C",' . wren W. Miller Attorney I. D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Julie Higgins a/k/a Julie Miller and Timothy Higgins Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendants Julie Higgins ulie Miller and Timothy Higgins ALBERT CASCIOTTI, Plaintiff V. JULIE HIGGINS a/k/a JULIE MIL and TIMOTHY HIGGINS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2235 CIVIL ACTION - LAW JURY TRIAL DEMANDED TTER AND NOW, comes the Del their attorneys, Caldwell & Kearns, 1. Admitted upon infr 2. Denied as stated. J High Street, Hummelstown, 3. Admitted. 4. Admitted upon 5. Admitted. ants, Julie Higgins and Timothy Higgins, by and through , and respectfully aver the following: ion and belief. Higgins is an adult individual currently residing at 23 East County, Pennsylvania 17036. and belief. 6. Denied. Answering efendants lack sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, deny same and demand strict proof thereof at trial. 7. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of still further answer; however, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in this paragraph and, therefore, deny same and demand strict proof thereof at trial. 8. Admitted upon information and belief. 9. Admitted upon info ation and belief. 10. Denied. After reasonable investigation, Answering Defendants lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, deny same and demand strict proof thereof at trial. 11. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. 12. Denied as stated. It prior to the accident and her blood a is admitted that Defendant Julie Higgins consumed alcohol level was 0.26. 13. Denied as stated. It is admitted that Defendant Julie Higgins' blood alcohol level was 0.26. 14. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendants lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this p ragraph and, therefore, deny same and demand strict proof thereof at trial. 2 I - NEGLI 15. This paragraph does not contain averments of fact; therefore, no response is deemed necessary. 16. (a) - (n) Denied. The averments contained in this paragraph state conclusions of law to which no answer is requir d. By way of further answer; however, after reasonable investigation, Answering Defendanlacks sufficient knowledge or information to form a belief as to the truth of the averments c ntained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 17. Denied. The averm nts contained in this paragraph state conclusions of law to which no answer is required. By w y of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 18. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By Way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficie t knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 19. Denied. The avertn nts contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth 3 of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 20. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks of the averments contained in proof thereof at trial. 21. Denied. The which no answer is required. By Answering Defendant lacks suffi of the averments contained in this proof thereof at trial. 22. Denied. The which no answer is required. By Answering Defendant lacks suffi of the averments contained in this proof thereof at trial. WHEREFORE, Honorable Court to dismiss this knowledge or information to form a belief as to the truth paragraph and, therefore, denies same and demands strict contained in this paragraph state conclusions of law to y of further answer; however, after reasonable investigation, knowledge or information to form a belief as to the truth paragraph and, therefore, denies same and demands strict contained in this paragraph state conclusions of law to of further answer; however, after reasonable investigation, knowledge or information to form a belief as to the truth paragraph and, therefore, denies same and demands strict Defendant, Julie Higgins, respectfully requests this iplaint and enter judgment in her favor against the Plaintiff without cost to her, but together wit such costs, expenses, and attorney's fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. 4 - GROSS INEGLI a U 23. This paragraph doe' not contain averments of fact; therefore, no response is deemed necessary. 24. (a) - (h) Denied. The law to which no answer is requir, investigation, Answering Defend as to the truth of the averments demands strict proof thereof at trial. 25. Denied. The averm, which no answer is required. 26. Denied. The verments contained in these paragraphs state conclusions of i. By way of further answer; however, after reasonable lacks sufficient knowledge or information to form a belief itained in this paragraph and, therefore, denies same and contained in this paragraph state conclusions of law to contained in this paragraph state conclusions of law to which no answer is required. By Way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this proof thereof at trial. 27. Denied. The a paragraph and, therefore, denies same and demands strict contained in this paragraph state conclusions of law to which no answer is required. By w y of further answer; however, after reasonable investigation, Answering Defendant lacks sufficie t knowledge or information to form a belief as to the truth of the averments contained in this proof thereof at trial. 28. Denied. The which no answer is required. By paragraph and, therefore, denies same and demands strict contained in this paragraph state conclusions of law to of further answer; however, after reasonable investigation, 5 Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 29. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this) paragraph and, therefore, denies same and demands strict proof thereof at trial. 30. Denied. The which no answer is required. By Answering Defendant lacks suff of the averments contained in this proof thereof at trial. 31. Denied. The which no answer is required. By Answering Defendant lacks of the averments contained in this proof thereof at trial. WHEREFORE, Answeri Honorable Court to dismiss this contained in this paragraph state conclusions of law to of further answer; however, after reasonable investigation, knowledge or information to form a belief as to the truth paragraph and, therefore, denies same and demands strict contained in this paragraph state conclusions of law to of further answer; however, after reasonable investigation, knowledge or information to form a belief as to the truth paragraph and, therefore, denies same and demands strict Defendant, Julie Higgins, respectfully requests this nplaint and enter judgment in her favor against the Plaintiff without cost to her, but together with such costs, expenses, and attorney's fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. 6 III- 32. This paragraph deemed necessary. 33. Admitted. 34. Denied. The which no answer is required. 35. Denied. The which no answer is required. By Answering Defendant lacks of the averments contained in this proof thereof at trial. LI not contain averments of fact; therefore, no response is contained in this paragraph state conclusions of law to contained in this paragraph state conclusions of law to of further answer; however, after reasonable investigation, knowledge or information to form a belief as to the truth paragraph and, therefore, denies same and demands strict 36. (a) - (e) Denied. The! averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 37. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required 38. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth 7 of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 39. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 40. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 41. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 42. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 8 43. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. WHEREFORE, Answering Defendant, Timothy Higgins, respectfully requests this Honorable Court to dismiss this Complaint and enter judgment in his favor against the Plaintiff without cost to him, but together with such costs, expenses, and attorney's fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. DEFENDANTS JULIE HIGGINS AND TIMOTHY HIGGINS NEW MATTER DIRECTED TO PLAINTIFF 44. The averments contained in Paragraphs 1 through 43 are incorporated herein as if set forth at length. 45. Plaintiff's claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 46. Plaintiff Albert Casciotti's injuries pre-existed the motor vehicle accident which are the subject of the Plaintiff's Complaint. 47. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 48. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C. P. 1030. 49. Plaintiff's claims are barred because of statutory and/or common law. 9 50. Plaintiff's claims are barred because of the Doctrine of Superseding and/or Intervening Cause. 51. Plaintiff's sustained damages as alleged in his Complaint which is expressly denied, and that damages were caused by the acts or omissions of entities or individuals of which Answering Defendants had no control or legal duty to control. WHEREFORE, Answering Defendants, Julie Higgins and Timothy Higgins, respectfully requests this Honorable Court to dismiss this Complaint and enter judgment in their favor against the Plaintiff without cost to them, but together with such costs, expenses, and attorney's fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. Respectfully submitted, CALDWELL & KEARNS Dated: (p 260 q 06621-1701141850 By: Karen W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants, Julie Higgins and Timothy Higgins 10 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unsworn falsification to authorities. Dated: "Julie Hi a Juli ller c?Q,? VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unsworn falsification to authorities. Dated: Timoth iggins CERTIFICATE OF SERVICE `fir ? AND NOW, this e- day of January, 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 By: CALDWELL & KEARNS Zi: ,j 77-1 f R Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com ALBERT CASCIOTTI, Plaintiff V. JULIE HIGGINS a/k/a JULIE MILLER and TIMOTHY HIGGINS, Defendants Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2235 CIVIL ACTION -LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, comes Plaintiff, Albert Casciotti, by and through his attorneys, Handler, Henning & Rosenberg, LLP., and files the within Reply to New Matter and avers as follows: 44. The averments contained in paragraph 44 of Defendant's New Matter constitute an incorporation paragraph to which no response is required. To the extent that a response is required, any and all allegations and insinuations of wrong doing on the part plaintiff are hereby denied. 45. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 46. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 47. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 48. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 49. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 50. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 51. The averments in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, any and all allegations and insinuations of wrong doing on the part of the plaintiff are hereby denied. 2 WHEREFORE, Plaintiff, Albert Casciotti respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in his favor and enter such other orders that are equitable and just. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: r" - Andrew ears, Esquire Attorney I.D. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 W ANDREW C. SPEARS, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: P ANDRE C. EARS, ESQUIRE CERTIFICATE OF SERVICE On I hereby certify that a true and correct copy of Plaintiff's Reply to New Matter of Defendant to was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Karen Miller, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 HANDLER, HENNING & ROSENBERG, LLP Dated: U Andrew . Sp , Esquire I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 4 t ' - - N e rr L- d' [. Attorneys for Plaintiff Andrew C. Spears, Esquire I . D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: SPEARSO-hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2235 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED ALBERT CASCIOTTI 1037 Beech Street JULIE A. HIGGINS aka JULIE A. MILLER Hershey, PA 1033 23 High Street versus Hummelstown, PA 17036 TIMOTHY C. HIGGINS 142 Roundtop Road Middletown, PA 17057 Plaintiff(s) & Defendant(s) & Address(es) Address(es) CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Plaintiff hereby certifies that: 1. A notice of intent to serve subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; L- 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. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By Andrew C. Spears Attorneys for Plaintiff(s) Andrew C. Spears, Esquire I. D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: SPEARSD-hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2235 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED ALBERT CASCIOTTI 1037 Beech Street JULIE A. HIGGINS aka JULIE A. MILLER Hershey, PA 1033 23 High Street versus Hummelstown, PA 17036 TIMOTHY C. HIGGINS 142 Roundtop Road Middletown, PA 17057 Plaintiff(s) & Address(es) Defendant(s) & Address(es) CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Plaintiff hereby certifies that: 1. A notice of intent to serve subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By cr?"- Andrew C. Spears Attorneys for Plaintiff(s) CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that on this /)4 day of tJ , 2006A I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 via U.S. First Class mail, postage prepaid, addressed as follows: amm Karen Wetzler Miller Esq Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 HANDLER, HENNING & ROSENBERG, LLP By Andrew C. Spears 1?1? r /) ? nw ? ?? d 7-4 ?; 3 l Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendants Julie Higgins a/k/a Julie Miller and Timothy Higgins ALBERT CASCIOTTI, Plaintiff V. JULIE HIGGINS a/k/a JULIE MILLER and TIMOTHY HIGGINS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2235 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, Date: i1 I ` V BY: W. Miller, squire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) kmiller@caldwellkeams.com Attorneys for Defendants, Julie Higgins a/k/a Julie Miller and Timothy Higgins 06621-170/150413 CERTIFICATE OF SERVICE AND NOW, this day of Sip rgenbc-g- , 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 CALDWELL & KEARNS . )ta"?? -- By. F THE F"'; N, T 20H SEAP ?2 Fill 12: 1,