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Home My WebLink About11-6841 MOORE & RIEMENSCHNEIDER, LLC By: Andrew L. Riemenschneider, Esquire I.D. N.O.61989 Attorneys at Law 1132 Old York Road Abington, PA 19001 (215) 885-3500 ROBERT FARNER AND HOLLY FARNER: His Wife, and BRANDON FARNER vs. : ANTHONY HIGGINS c PROT"ONO [AR'( f ? ?- Za12 sA% 13 PM 1% 15 CtiMBERi Y D COU"" Attorneys for Defeflfi Anthony Higgins COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Case NO. 11-6841 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendant, Anthony Higgins in the above- captioned matter. MOORE & By. 1 C. V L. RIEMENSCHNEIDER, ESQUIRE for Defendant Date: MOORE & RIEMENSCHNEIDER, LLC By: Andrew L. Riemenschneider, Esquire I.D. N.O.61989 Attorneys at Law 1132 Old York Road Abington, PA 19001 (215) 885-3500 ROBERT FARNER AND HOLLY FARNER: His Wife, and BRANDON FARNER V5. ANTHONY HIGGINS ICE F" t.EO-OFFICE NE PROTHONOTARY 2012 JAN 13 'PM 1: 15 Attorneys COUNTY !A Anthony Higgins COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Case NO. 11-6841 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff(s) to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. XdrewL. Riemensc- inei , squire RULE TO FILE COMPLAINT AND NOW, this 13 day of Dln , 2012, a Rule is hereby granted upon Plaintiff(s) to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY MOORE & RIEMENSCHNEIDER, LLC By: Andrew L. Riemenschneider, Esquire I.D. N.O.61989 Attorneys at Law 1132 Old York Road Abington, PA 19001 (215) 885-3500 F IED-OFFICE OF TK PROTHONOTARY 2012 JAN 13 PM 1: 15 Attorneys for Defe RI.AND COUNTY NSYLVANIA Anthony Higgins ROBERT FARNER AND HOLLY FARNER: COURT OF COMMON PLEAS OF His Wife, and BRANDON FARNER CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. Case NO. 11-6841 ANTHONY HIGGINS PRAECIPE Defendant, Anthony Higgins, demands and perfects a trial by jury regarding the above- captioned matter. MOORE & By: V L. RIEMENS for Defendant Date: } COSTOPOULOS, FOSTER & FIELDS By: David J. Foster, Esquire I.D. No.: 23151 ORIGINAL FENNSYLA OUNTY 831 Market Street, P.O. Box 222 Lemoyne, PA 17043-0222 Tel: 717.761.2121 Fax: 717.761.4031 Email: dionfoster -aol.com ROBERT FARNER and HOLLY IN THE COURT OF COMMON PLEAS FARNER, HIS WIFE and CUMBERLAND COUNTY, PENNSYLVANIA BRANDON FARNER, Plaintiffs, V. No. 11-6841 ANTHONY HIGGINS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED NOTICE TO DEFEND 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(s). 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: 717-249-3166 OR 800-990-9108 "ISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: 717-249-3166 OR 800-990-9108 ROBERT FARNER and HOLLY IN THE COURT OF COMMON PLEAS FARNER, HIS WIFE and CUMBERLAND COUNTY, PENNSYLVANIA BRANDON FARNER, Plaintiffs, V. No. 11-6841 ANTHONY HIGGINS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, Robert Farrier and Holly Farrier, his wife, and Brandon Farner, by and through their attorney, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this Complaint: The Parties 1. Plaintiffs, Robert Farrier and Holly Farrier, his wife, are adult individuals residing at 7 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050; Brandon Farner, their son, is an adult individual residing at 6961 Wertzville Road, Apartment 8, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Anthony Higgins, is an adult individual residing at 5525 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Background Allegations 3. The events giving rise to this cause of action occurred at approximately 4:09 p.m. on or about October 20, 2009 at the intersection of the Carlisle Pike (State Route 11) and Salem Church Road, Hampden Township, Cumberland County, -1- Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Robert Farner, was operating his 2004 Pontiac GTO automobile in which Plaintiff, Brandon Farner, was a passenger, and traveling in the right hand, north bound lane of the Carlisle Pike when he was struck by Defendant, Anthony Higgins, who was operating his 1998 Honda Accord automobile in the southbound lane of the Carlisie Pike, thereby causing the injuries and damages set forth in detail below. 5. Defendant, Anthony Higgins, before striking the automobile of Plaintiff, Robert Farrier, had struck the automobile of Christine Woolf, which was stopped in the left hand, south bound lane of the Carlisle Pike at the aforesaid intersection, and then crossed the left hand turn lane and crossed into the north bound lane of the Carlisle Pike striking the automobile of Lauren Skonezney from behind before continuing across the north bound lane and striking the Plaintiff's automobile. 6. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Anthony Higgins, the Plaintiffs, Robert Farner and Brandon Farner, have suffered serious injuries and damages which are set forth in detail below. 7. The negligence, carelessness and/or recklessness of Defendant, Anthony Higgins, was a substantial factor in causing the serious injuries and damages to the Plaintiffs, Robert Farner and Brandon Farner, which are set forth in detail below. Count I: Plaintiff Robert Farner v. Defendant Anthony Higgins - Negligence 8. The allegations set forth in paragraphs 1 through 7 above are incorporated by reference herein as if set forth in full. -2- 9. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, in that he: a) drove his vehicle in careless disregard for the safety of other persons and property, including Plaintiffs, Robert Farner and Brandon Farner, and their vehicle, b) violated Section 3714 of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S. § 3714, "Careless driving," and thus is negligent per se; G) operated his vehicle too fast for the prevailing conditions; d) failed to notice that the other driver's vehicle was lawfully stopped at a stop light; e) failed to maintain his vehicle under proper and lawful control; f) failed to keep a proper lookout; g) failed to pay sufficient attention to the roadway and traffic; h) failed to see what he should have seen; 1) failed to notice the imminence of an accident and to take the necessary steps to avoid it; and j) acted without regard for the safety and rights of other motorists and their passengers, including Plaintiffs, Robert Farner and Brandon Farner. 10. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Robert Farner, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) a torn ligament in the right wrist which required a reconstruction of the right scapholunate ligament including the insertion of pins and -3- then their surgical removal; b) subsequent carpel tunnel surgery on the right wrist to address continuing numbness and weakness; c) left elbow pain and abrasion; d) multiple contusions; e) lacerations to the top of the head and forehead; f) fusion surgery on right wrist; g) nerve damage in left foot; and h) a pinched nerve in lower back at 1-4-1-5. 11. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Robert Farner, has been obligated to receive and undergo medical attention and care and to assume medical expenses for the injuries he has suffered and may be obligated to continue to receive and undergo medical attention and care and to assume medical expenses. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Robert Farner, has suffered impairment of his earning capacity and power and may continue to suffer impairment of his earning capacity and power. 13. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Robert Farner, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities and may continue to suffer such medically determinable physical -4- impairments. 14. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Robert Farner, has experienced severe pain and suffering, mental anguish and humiliation and may continue to experience severe pain and suffering, mental anguish and humiliation. 15. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Robert Farner, has suffered a loss of life's pleasures and may continue to suffer a loss of life's pleasures. Count II: Plaintiff Brandon Farner v. Defendant Anthony Higgins - Negligence 16. The allegations set forth in paragraphs 1 through 15 above are incorporated by reference herein as if set forth in full. 17. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, in that he: a) drove his vehicle in careless disregard for the safety of other persons and property, including Plaintiffs, Robert Farner and Brandon Farrier, and their vehicle; b) violated Section 3714 of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S. § 3714, "Careless driving," and thus is negligent per se; c) operated his vehicle too fast for the prevailing conditions; d) failed to notice that the other driver's vehicle was lawfully stopped at a stop light; e) failed to maintain his vehicle under proper and lawful control; D failed to keep a proper lookout; -5- g) failed to pay sufficient attention to the roadway and traffic; h) failed to see what he should have seen, 1) failed to notice the imminence of an accident and to take the necessary steps to avoid it; and j) acted without regard for the safety and rights of other motorists and their passengers, including Plaintiffs, Robert Farner and Brandon Farrier. 18. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Brandon Farner, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) a concussion with headaches and dizziness; b) a contusion to the right knee; C) numbness in the right foot; and d) a contusion to the left jaw. 19. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Brandon Farner, has been obligated to receive and undergo medical attention and care and to assume medical expenses for the injuries he has suffered and may be obligated to continue to receive and undergo medical attention and care and to assume medical expenses. 20. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Brandon Farner, has suffered a loss of earnings and/or impairment of his earning capacity and power and may continue to suffer a loss of earnings and/or impairment of his earning capacity and -6- power. 21. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Brandon Farner, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities and may continue to suffer such medically determinable physical impairments. 22. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Brandon Farner, has experienced severe pain and suffering, mental anguish and humiliation and may continue to experience severe pain and suffering, mental anguish and humiliation. 23. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Brandon Farner, has suffered a loss of life's pleasures and may continue to suffer a loss of life's pleasures. Count III: Plaintiff Holly Farner v. Defendant Anthony Higgins - Loss of Consortium 24. The allegations set forth in paragraphs 1 through 23 above are incorporated by reference herein as if set forth in full. 25. At all relevant times herein, the Plaintiff, Holly Farner, and the Plaintiff, Robert Farrier, were lawfully and continuously married. 26. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Anthony Higgins, the Plaintiff, Holly Farner, has sustained a loss of -7- consortium, society and companionship of her husband, the Plaintiff, Robert Farner, and may continue to sustain such loss. Conclusion WHEREFORE, Plaintiffs, Robert Farner and Holly Farner, his wife, and Brandon Farner, based on the foregoing averments, hereby demand judgment in their favor and against Defendant, Anthony Higgins, their son, in an amount in excess of the compulsory, arbitration limits together with costs and interest as provided by law. RESPECTFULLY SUBMITTED: David J. Foster, squire I.D. No. 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: doonfoster __aol.com ATTORNEY FOR PLAINTIFFS DATED: January `3 , 2012. -8- VERIFICATION I, Plaintiff, Robert Farner, do hereby verify that the statements made in the foregoing document 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 at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. BY: Gi (7' Robert Farrier DATED: January a)° .1 2012. -9- VERIFICATION I, Plaintiff, Holly Farner, do hereby verify that the statements made in the foregoing document 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 at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. V BY: Holly Far DATED: January c-, D , 2012. VERIFICATION I, Plaintiff, Brandon Farner, do hereby verify that the statements made in the foregoing document 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 at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. BY: Brandon Farner DATED: January 2,-0 .1 2012. -11- CERTIFICATE OF SERVICE I, Tiffany M. Lenda, a legal assistant for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 23RD day of JANUARY, 2012, a true and correct copy of the foregoing PLAINTIFFS' COMPLAINT was served upon all counsel of record by: Hand Delivery X - First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Andrew L. Riemenschneider, Esquire MOORE & RIEMENSCHNEIDER, LLC 1132 Old York Road Abington, PA 19001 Counsel for defendant Anthony Higgins By: COSTOPOULOS, FOSTER & FIELDS --- Tiff n M. Lenda -12- r 11 LU!L B E fR LANOC0J 1,•: 92 -.E!KHS)Yi V,.41A NOTICE TO PLEAD You are hereby noticed to plead to the enclosed New Matter within twenty (20) days or judgment may be entered against you. ANDREW L. RIEMENSCIINEIDER, ESQUIRE MOORE & RIEMENSCHNEIDER, LLC By: Andrew L. Riemenschneider, Esquire I.D. N.O.61989 Attorneys at Law 1132 Old York Road Abington, PA 19001 (215) 885-3500 Attorneys for Defendant, Anthony Higgins ROBERT FARNER AND HOLLY FARNER: His Wife, and BRANDON FARNER vs. ANTHONY HIGGINS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Case NO. 11-6841 ANSWER OF DEFENDANT, ANTHONY HIGGINS, TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendant, Anthony Higgins, by and through his attorneys, Moore & Riemenschneider, hereby responds to Plaintiff's Complaint as follows: 1. Denied. 2. Denied. Defendant resides at 126 A Bridge Street, New Cumberland, PA 17070. 3. Admitted. 4. Admitted in part; denied in part. It is admitted that on or about October 20, 2009 at or near the intersection of Carlisle Pike and Salem Church Road, Answering Defendants motor vehicle came into contact with Plaintiffs' motor vehicle. The remaining allegations set forth in paragraph 4 of Plaintiff's Complaint are denied. 5. Denied. 6-7. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. To the extent that any answer is required, Answering Defendant specifically denies that he was negligent, careless or reckless in the operation of his motor vehicle or that he caused the accident in question or Plaintiffs' injuries. By way of further answer, at all times relevant hereto, Answering Defendant acted reasonably, prudently and with due care under the circumstances and in accordance with the law. COUNTI ROBERT FARNER vs. DEFENDANT ANTHONY HIGGINS NEGLIGENCE Defendant hereby incorporates by reference paragraphs 1 through 7 of this Answer as though the same were set forth at length herein. 9. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. To the extent that any answer is required, Answering Defendant specifically denies that he was negligent as alleged and enumerated in paragraph 9 of Plaintiff's Complaint, or otherwise, and further avers that at all times relevant hereto he acted reasonably, prudently and with due care under the circumstances and in accordance with the law. 10-1.5. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. By way of further answer, the allegations set forth in paragraphs 10 through 15 are denied for the reasons heretofore set forth in paragraph 10 of this Answer, which paragraphs and the averments set forth herein are incorporated herein by reference. By way of further answer, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs 10 through 15 and therefore same are denied and strict proof is demanded at the time of trial. COUNT II PLAINTIFF, BRANDON FARNER vs. DEFENDANT, ANTHONY HIGGINS NEGLIGENCE 16. Defendant hereby incorporates by reference paragraphs 1 through 15 of this Answer as though the same were set forth at length herein. 17. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. To the extent that any answer is required, Answering Defendant specifically denies that he was negligent as alleged and enumerated in paragraph 17 of Plaintiff's Complaint, or otherwise, and further avers that at all times relevant hereto he acted reasonably, prudently and with due care under the circumstances and in accordance with the law. 18-23. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. By way of further answer, the allegations set forth in paragraphs 18 through 23 are denied for the reasons heretofore set forth in paragraph 10 of this Answer, which paragraphs and the averments set forth herein are incorporated herein by reference. By way of further answer, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs 18 through 23 and therefore same are denied and strict proof is demanded at the time of trial. COUNT II PLAINTIFF, HOLLY FARNER vs. DEFENDANT, ANTHONY HIGGINS LOSS OF CONSORTIUM 24. Defendant hereby incorporates by reference paragraphs 1 through 23 of this Answer as though the same were set forth at length herein. 25. Denied. 26. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. WHEREFORE, Defendant, Anthony Higgins, demands judgment in his favor and against all parties together with the costs of defense of this action. NEW MATTER 1. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Responsibility Law. 2. Plaintiffs' injuries and damages, if any, were caused by an unforeseeable medical emergency. 3. Plaintiffs' claims are barred and/or limited by virtue of the limited tort status. 4. Upon information and believe plaintiffs' injuries did not result in a serious impairment of a body function and, as such, plaintiffs are precluded from maintaining an action for non-economic damages. WHEREFORE, Defendant, Anthony Higgins, demands judgment in his favor and against Plaintiffs together with the costs of defense of this action. MOORE & RIEMENSCHNEIDER, L.L.C. y By• _ !. 1 \ ANDREW L. RIEMENSCHNEIDER, ESQUIRE Attorney for Defendant Date: VERIFICATION Anthony Higgins hereby states that he is a Defendant in this action and verifies that the statements made in the foregoing ANSWER TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: J ANTH NY IGGINS thehl IiDDRE,55 1z6 19 lqRJoye- -s-r New C L,(M 6 Gfi vV /.'12 1707t COSTOPOULOS, FOSTER & FIELDS By: David J. Foster, Esquire I.D. No.: 23151 831 Market Street, P.O. Box 222 Lemoyne, PA 17043-0222 Tel: 717.761.2121 Fax: 717.761.4031 Email: diionfoster()-aol.com ROBERT FARNER and HOLLY FARNER, HIS WIFE and BRANDON FARNER, Plaintiffs, v. 1; L; 01"10 TA f Ru` l u It .R 15 P11 I: 30 IMB-RLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-6841 CIVIL ACTION - LAW ANTHONY HIGGINS, . Defendant. JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 1. Denied. 2. Denied. 3. Denied. 4. Denied. WHEREFORE, Plaintiffs, Robert & Brandon Farner, demand judgment in their favor and against the defendant in this matter. -1- Respectfully submitted: David J. Foste Esquire Attorney I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: dionfoster aol.com Counsel for Plaintiffs Date: March 13, 2012. -2- VERIFICATION I, Plaintiff, Robert Farner, do hereby verify that the statements made in the foregoing document 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 at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. BY:u?to i Robert Farner DATED: 2-12-11- W VERIFICATION 1, Plaintiff, Brandon Farner, do hereby verify that the statements made in the foregoing document 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 at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. BY: ?. L. Brandon Farner DATED: ' ) ? - 1?. CERTIFICATE OF SERVICE I, Tiffany M. Lenda, a legal assistant for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 13th day of MARCH, 2012, a true and correct copy of the foregoing PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Andrew L. Riemenschneider, Esquire MOORE & RIEMENSCHNEIDER, LLC 1132 Old York Road Abington, PA 19001 Counsel for defendant Anthony Higgins By: COSTOPOULOS, FOSTER & FIELDS Ti n M. L nda -3- .. CERTIFICATB PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBERT & HOLLY FARNER & BRANDON FARNER -VS- ANTHONY HIGGINS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-6841 -_a As a prerequisite to service of a subpoena for documents and things pU~'s~}~t-,, to Rule 4009.22 ' ~= ~,. •- ;: f - -.~ ~ -_ .,. . -'t'1 ~^; ., ._- ,. ,. < ._. MCS on behalf of ANDREW L. RIEMENSCHNEIDER, ESQ :-~_..h _ certifies that - °' `-~ ~~ ,.:.a - (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: 11/09/2012 MCS on ehalf of --~-~ i L. RIEMENSCHNE v for DEFENDAN lawyer~mooreandriemen.com MCS # 78718-LO1 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBERT & HOLLY FARNER & BRANDON FARNER -VS- ANTHONY HIGGINS COURT OF COMMON PLEAS TERM, CASE NO: 11-6841 NOTICE OF INTENT TO S13RVL A SIIBPOENA TO PRODIICL DOCIIM$NTS AND THINGS FOR DISCOVL+RY PIIRSIIANT TO RIILH 4009.21 DR. KENDRA DAVIS DR. VANCE STOUFFER MEDICAL RECORDS MEDICAL RECORDS TO: DAVID J. FOSTER, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANDREW L. RIEMENSCHNEIDER, ESQ intends 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 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 attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/18/2012 CC: ANDREW L. RIEMENSCHNEIDER, ESQ- 222-765 DAVID J. FOSTER, ESQ. CASTOPOULOUS, FOSTER, ET AL 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 MCS on behalf of ANDREW L. RIEMENSCHNEIDER, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 78718-C01 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT & HOLLY FARNER & BRANDON FARNER . File No. 11-6841 vs. ANTHONY HIGGINS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR KFNDRA DAVI (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 M . ,ro gyp. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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 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 FOLLOWING PERSON: NAME: ANDREW L. RIEMENSCHNEIDER. ESQ ADDRESS: 1132 OLD YORK ROAD ABINGTON. PA 19001 TELEPHONE: _12151246-0900 SUPREME COURT 1D #: ATTORNEY FOR: Defendant NOV 0 9 2012 Date: ~ ~ I ~,Q Seal of the Court BY THE COU T: 1 Prothonotary/Clerk, Civil Division Deputy 78718-0 l EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: DR. KENDRA DAVIS 506 S. STATE ROAD MARYSVILLE, PA 17053 RE: MCS # 78718-LO1 ROBERT EARNER 7 COTTAGE COURT MECHANICSBURG, PA 17050 Date of Birth: 09-22-1951 Please provide entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten notes, history, physical reports, and all prescriptions records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $100.00 for hospitals, $150.00 for all other providers. MCS # 78718-LO1 SU10 CERTIFICATE PRBRLQUISITE TO SBRVICL OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBERT & HOLLY FARNER & BRANDON FARNER -VS- ANTHONY HIGGINS TERM, CUMBERLAND CASE NO: 11-6841 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW L. RIEMENSCHNEIDER, ESQ certifies 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: 11/09/2012 COURT OF COMMON PLEAS MCS on beha.]rf'~of ~'' REW L. RIEMENS DER, ESQ .Attorney for DEFENDANT lawyer@mooreandriemen.com MCS # 78718-L02 DE11 ' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT & HOLLY FARNER & BRANDON FARNER File No. 11-6841 vs. ANTHONY HIGGINS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR._VANCE STOUFFER (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 roitp. Inc.. 1601 Market Street Suite 800 Philadelt hia PA 19103 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 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 FOLLOWING PERSON: NAME: ANDREW L. RIEMENSCHNEIDER ESQ ADDRESS: .1132 OLD YORK ROAD ABINGTON. PA 19001 TELEPHONE:1~15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 0 9 2012 Date: BY THE COURT: .~ Prothonotary/Clerk, Civil Division Deputy Seal of the Court 7871 ~-oz EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: DR. VANCE STOUFFER 1790 OLD TRAIL ROAD ETTERS, PA 17319 RE: MCS # 78718-L02 ROBERT EARNER 7 COTTAGE COURT MECHANICSBURG, PA 17050 Date of Birth: 09-22-1951 Please provide entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten notes, history, physical reports, and all prescriptions records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $100.00 for hospitals, $150.00 for all other providers. MCS # 78718-L02 SU10 ORIGINAL C� PRAECIPE FOR LISTING CASE FOR JURY TRIAL c - (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY r 'MT .gip . x� ? Please list the following case for a Jury Trial. ------------------------------- ----=—--- d' ? CAPTION OF CASE < -X.7 jentire caption must be stated in full] (check one) ❑ ■ Civil Action—Law ❑Appeal from arbitration Robert Farner and Holly Farner, his wife, (other) and Brandon Farner p (Plaintiff) No. 11-6841 Civil Term VS. The trial list will be called on June 18,2013 Anthony Higgins and (Defendant) Pretrials will be held on July 3, 2013 (Briefs are due 5 days before pretrials) vs. Trials commence on July 15, 2013 Indicate the attorney who will try case for the party who files this praecipe: David J. Foster, Esquire, P.O. Box 222, Lemoyne, PA 17043-0222 Indicate trial counsel for other parties if known: Andrew L. Riemenschneider, Esquire, 1132 Old York Road, Abington, PA 19001 This case is ready for trial. Signed: ` Print Name: Davi J F ster Date: May 3, 2013 Attorney for: Plainti s 7� a-u+ 1 � 19A Qq Cr# 3s 7� air .3 C_J PRAECIPE FOR LISTING CASE FOR JURY TRIAL = (Must be typewritten and submitted in triplicate) 4-- � r� `cam TO THE PROTHONOTARY OF CUMBERLAND COUNTY `- r;.? Please list the following case for a Jury Trial. CAPTION OF CASE (entire caption must be stated in full' (check one) ❑ Civil Action—Law ❑Appeal from arbitration Robert Farner and Holly Farner, His Wife, (other) and Brandon Farner (Plaintiff) No. 11-6841 Civil Term vs. The trial list will be called on September 10,2013 Anthony Higgins and (Defendant) Pretrials will be held on September 25, 2013 (Briefs are due 5 days before pretrials) vs. Trials commence on October 7,2013 Indicate the attorney who will try case for the party who files this praecipe: David J. Foster, Esquire, 831 Market Street, Lemoyne, PA 17043 Indicate trial counsel for other parties if known: Andrew L. Riemenschneider, Esquire 1132 Old York Road Abington, PA 19001 This case is ready for trial. Signed: Print Name: David J: 'ester Date: August 13,2013 Attorney for: Plaintiffs tfi, ?7qy Q9(46 (51 ROBERT FARNER AND HOLLY FARNER: COURT OF COMMON PLEAS OF His Wife, and BRANDON FARNER CUMBERLAND COUNTY, PA CIVIL ACTION—LAW vs. Case NO. 11-6841 ANTHONY HIGGINS ORDER TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. David J. Foster, Es u re Attorney for Plaintiff c 3° :z c:)d