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Home My WebLink About13-2919 Supreme Courtof Pennsylvania Courtsof C�`on Pleas ,s�` For Prothonotary Use Only: ,dI'K C over Sh et e r;. Cum66rland:. county Docket No: xM�� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and .service ofpleadings or other papers as required by late or rules of court. Commencement of Action: S ❑ Complaint 9 Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintifrs Name: Lead Defendant's Name: T Theresa T. Beissel James W. Famer I ❑ Check here if you are a Self- Represented (Pro Se) Litigant O Name of Plaintiff /Appellant Attorney: Gerard C. Kramer, Esquire N x ❑ No Dollar Amount Requested: within arbitration limits Are money damages requested? : ❑Yes . (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes N No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass TO)'t) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment E9 Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) El Employment Dispute: , ❑ Slander /Libel/ Defamation Discrimination C El Other: ❑Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ -Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B El Other: 11 Eminent Domain /Condemnation El Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 3►�Y 22 All IN THE COURT OF COMMON ,J LVAl�1 COUN CUMBERLAND COUNTY, PENNSYLV ANIi�'� No. f3 oZ� J Al Civil Action (X) Law () Equity Theresa T. Beissel and Kyle P. James W. Farner Beissel, her husband, .105 W. Pine Street 7 Forge Dale Drive :. Mount Holly Springs, Cumberland Carlisle, Cumberland County, PA County, PA 17065 17015 Plaintiff(s) &, Address(es) Defendant(s) 8v Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above - captioned action. X A Writ of Summons shall be issued and forwarded to ( ) Attorney ( ) Sheriff. rard C. Kramer, Esquire Supreme Court I.D. No. 44715 SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 717/23/ -6300 Date: �ibals Q Q� �3Sl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. l 3'C 1 C? 11/I Civil Action (X) Law () Equity Theresa T. Beissel and Kyle P. James W. Farrier Beissel, her husband, 105 W. Pine Street 7 Forge Dale Drive Mount Holly Springs, Cumberland Carlisle, Cumberland County, PA County, PA 17065 17015 Plaintiff(s) & Address(es) Defendant(s) & Address(es) WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: By: Deputy ( ) Check here ; if reverse is issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ''!I ''IJ—his , ;; .. at`�y,�11,.�rXl'ff�c�. '"{`= ''" t� 1. "Y• � -� % • Jody S Smith Chief Deputy 2913 fi Richard W Stewart Solicitor OFFX1111i OF THE�;RERIFr CUMBERLAND COW TY PI NSA LVA, IA Theresa T Beissel(et al.) Case Number vs. James W Farner 2013-2919 SHERIFF'S RETURN OF SERVICE 05/31/2013 03:55 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: James W Farner at 105 W. Pine Street, Mt. Holly Springs Borough,AHkGUTS';!��, Dl Holl Springs, PA 17065. 1 P UTY SHERIFF COST: $36.37 SO ANSWERS, June 03, 2013 RONW R ANDERSON, SHERIFF (c)CountySulte Sheriff,Teleosoft,Inc. , FILED-OFFIU: OFF HE PROTHONOTARY 2014OCT '10 Atli!: 38' CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner BY: John A. Lucy, Esquire I.D. No. 203948 301 Market Street, P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.corn Attorneys for Defendant, James W. Farner THERESA T. BEISSEL and : . IN THE COURT OF COMMON PLEAS OF KYLE P. BEISSEL, her husband, • . CUMBERLAND COUNTY, Plaintiffs : . PENNSYLVANIA v. • NO. 2013-2919 JAMES W. FARNER, : CIVIL ACTION — LAW Defendant • JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel fo above -captioned matter. Date: October , 2014 657241 JOH BY: endant, ON, DUFFIE, TE es W. Farner, in the T & WEIDNER cy, Esquire Attor I.D. No. 203948 301 arket Street, P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Attorneys for Defendant, James W. Farner CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and unrepresented parties by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October , 2014, as follows: Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Counsel for Plaintiffs JOH SON, DUFFI ST ART & WEIDNER 657241 ucy, Esquire 1:71. 1:k3E EPROT HON 0 IIV alif OCT 10 41111: 38 CUMBERLAND COUN PENNSYLVANIA Johnson, Duffle, Stewart & Weidner BY: John A. Lucy, Esquire I.D. No. 203948 301 Market Street, P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com Attorneys for Defendant, James W. Farner THERESA T. BEISSEL and : . IN THE COURT OF COMMON PLEAS OF KYLE P. BEISSEL, her husband, : . CUMBERLAND COUNTY, Plaintiffs • PENNSYLVANIA V. • NO. 2013-2919 • CIVIL ACTION—LAW JAMES W. FARNER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on the Plaintiffs, Theresa T file a Complaint within twenty (20) days of the date of non pros. Date: October 657245 , 2014 JOHN BY: e ss service th and Kyle P. Beissel, to reof, or suffer judgment ON, DUFF E, T y, Esquire Attorn,y D. No. 203948 301 .rket Street P.O :ox 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.corn Attorneys for Defendant, James W. Farner & WEIDNER Johnson, Duffie, Stewart & Weidner BY: John A. Lucy, Esquire 1.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com Attorneys for Defendant, James W. Farner THERESA T. BEISSEL and : . IN THE COURT OF COMMON PLEAS OF KYLE P. BEISSEL, her husband, : . CUMBERLAND COUNTY, Plaintiffs : . PENNSYLVANIA v. JAMES W. FARNER, Defendant TO THE PLAINTIFFS: NO. 2013-2919 CIVIL ACTION — LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT You are hereby directed to file a Complaint in the above-captioneci Inatter within twenty (20) days or judgment non pros will be entered against you. - DATE: 657245 %.` •' • • • \ •.••• • • PROTHONOTARY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 1 , 2014, as follows: Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Counsel for Plaintiffs JOHN BY STEWART & WEIDNER 657245 squire 4 OCT 16 P" 2: 6- H C-1 U Uz D V, PENNZ) ; - � Johnson, Duffie, Stewart & Weidner L BY: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street, P.O. Box 109 James W. Farner Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com THERESA T. BEISSEL and IN THE COURT OF COMMON PLEAS OF KYLE P. BEISSEL, her husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 2013-2919 CIVIL ACTION — LAW JAMES W. FARNER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Rule to File Complaint issued by the Court has been duly served upon counsel for Plaintiffs by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 15, 2014, as follows: Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER B IV Gioh n . Lucy, Esquire A:thnrfe,y I.D. No. 203948 0 Ma -0 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Counsel for Defendant, James W. Farner 658529 SCHMIDT KRAMER PC By: Gerard C. Kramer I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer. corn Attorney for Plaintiff THERESA T. BEISSEL and KYLE P. BEISSEL, her husband, v. JAMES W. FARNER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : No. 2013-2919 • • : CIVIL ACTION - LAW • DEFENDANT. : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO 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 notiiicacion 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 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 2 SCHMIDT KRAMER PC By: Gerard C. Kramer I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Attorney for Plaintiff THERESA T. BEISSEL and KYLE P. BEISSEL, her husband, PLAINTIFF v. JAMES W. FARNER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2013-2919 : CIVIL ACTION - LAW DEFENDANT. : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff THERESA T. BEISSEL and KYLE P. BEISSEL, her husband, by and through their attorney, GERARD C, KRAMER, ESQUIRE, and SCHMIDT KRAMER PC and avers the following: 1. Plaintiffs THERESA T. BEISSEL and KYLE P. BEISSEL are adult individuals with a physical address of 454 Brooke Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant JAMES W. FARNER is an adult individual with a physical address of 105 W. Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania. 3 3. The facts and occurrences hereinafter stated took place on August 17, 2011 at approximately 9:15PM on East High Street near the intersection with Spring Garden Road in Carlisle, Cumberland County, Pennsylvania. 4. At all relevant times of the accident, Plaintiff Kyle Beissel was the operator of a 2007 Honda Accord. 5. At all relevant times of the accident, Defendant was the operator of the 2008 Honda Ridgeline. 6. On August 17, 2011, Theresa Beissel was the right front seat passenger in the 2007 Honda Accord being driven by her husband. 7. The Beissel vehicle was travelling in the right hand lane of East High Street near the intersection with Spring Garden Road in Carlisle, Pennsylvania. 8. Defendant James W. Farner was also traveling in the same direction on East High Street, and was in the left hand lane directly parallel to the Beissel vehicle. 9. Defendant James W. Farner attempted to make a right hand turn from the left lane, driving his 2008 Honda Ridgeline directly into the side of Plaintiffs Theresa and Kyle Beissel. 10. No other vehicles were involved. 11. As a direct result of the accident, Plaintiff Theresa T. Beissel sustained, inter alia, the following injuries: a. Multiple contusions; b. Chest wall strain; 4 c. Cervical strain; d. Lumbar strain; e. Low back pain; f. Lumbar radiculopathy; g. Sciatica; h. Disc bulge at L4-L5; i. Bilateral leg pain; j. Epidural steroid injections; k. Lumbar discectomy surgery at L5-S1; and 1. Continuing pain. COUNT I NEGLIGENCE THERESA T. BEISSEL and KYLE P. BEISSEL, her husband v. JAMES W. FARNER 12. Plaintiffs incorporate Paragraphs 1 through 12 of this Complaint as if set forth in full. 13. The accident at issue was initiated and legally caused by the negligence, carelessness and/or recklessness of Defendant, consisting of the following: a. Operating a vehicle so as to create a dangerous situation for other vehicles on the roadway; b. Failure to exercise the high degree of care required of a motorist entering an intersection; c. Failure to observe Plaintiff's vehicle on the roadway; 5 d. Failure to keep a reasonable lookout for other vehicles lawfully on the roadway; e. Changing lanes when it was not safe to do so; f. Taking a right hand turn from the left lane; and g. Turning in such a manner as to endanger other vehicles on the roadway. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has been advised and, therefore avers, that the aforementioned injuries are/were serious and may be permanent in nature and effect, and thus, a claim for these injuries is made. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff may suffer an impairment of her future earning power and capacity, and thus, a claim for these losses is made. 16. As a direct and proximate result of the motor vehicle accident, Plaintiff has incurred medical expenses for the injuries she has sustained, and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has undergone in the past, and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff may have suffered a permanent diminution of 6 her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant judgment in her favor and against the Defendant in an amount in excess of the amount requiring compulsory arbitration. COUNT II LOSS OF CONSORTIUM THERESA T. BEISSEL and KYLE P. BEISSEL, her husband v. JAMES W. FARNER 19. Plaintiff incorporates Paragraphs 1 through 18 as if set forth in full. 20. As a result of James W. Farner's negligence, Plaintiff has been deprived of the society, companionship, services and consortium of his wife, Plaintiff Theresa T. Beissel. WHEREFORE, Plaintiff Kyle P. Beissel demands judgment against the Defendant Kyle P. Beissel in an amount in excess of the amount requiring compulsory arbitration. Date: G (i -A3- ft( Respectfully submitted, SCHMIDT KRAMER PC By: erard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer. corn Attorney for Plaintiff 7 SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this V. S, day of Oc-�, 7f" , 2014, I, Gerard C. Kramer Esquire, hereby certify that I have this day served a true and correct copy of Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Lucy, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043 Respectfully submitted, SCHMIDT KRAMER PC By: Ger rd C. Kramer, Esquire 1/.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer. com Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Theresa Beissel, verify that I am the Plaintiff in the foregoing action, and that the attached is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. 1111111:L1( Theresa Beissel 44��_ THE t;y::r4'`SjFfSt V i RO � f iON CERTIFICATE 9" LL ( "FREj (REQ'UISITE TO SERVICE OF A SUBPOENA Ekf:q J ilt_,�t�il ii�0 PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA THERESA T. BEISSEL AND KYLE P. BEISSEL vs. TERM: JAMES W. FARNER CASE No: 2013-2919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY Defendant 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) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 11/13/2014 RecordTrak on behalf of /S/ JOHN LUCY Attorney for Defendant RT#: 272708 RECORDS PERTAIN TO: THERESA BEISSEL THERESA T. BEISSEL AND KYLE P. : COURT: Court Of Common Pleas - Cumberland County, Pa BEISSEL vs. TERM: JAMES W. FARNER : DOCKET: 2013-2919 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: GERARD KRAMER SCHMIDT, RONCA & KRAMER 209 STATE STREET HARRISBURG, PA 17101 October 23, 2014 Please take notice that on behalf of JOHN L UCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until November 12, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY November 12, 2014 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN 1 GEICO REGIONAL OFFICE * VA 2 CARLISLE REGIONAL MEDICAL CENTER (MED) 3 CARLISLE REGIONAL MEDICAL CENTER (RAD) 4 FIRST CHOICE REHABILITATION SPECIALISTS 5 PINNACLE HEALTH SYSTEM 6 SPRING ROAD FAMILY PRACTICE 7 SADLER HEALTH CENTER 8 CUMBERLAND VALLEY PAIN MANAGEMENT Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: Page 2 RT: 272708.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSEL V. JAMES W. FARNER File No:2013-2919 SUBPOENA_TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GEICO REGIONAL OFFICE * VA (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: 651 Allendale Road King of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court ID#• • • Attorney fm: petendant 4 / DATE: Seat of the Court lC3I/(41 BY THE COURT: Prothonotary RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 1 LOCATION: GEICO REGIONAL OFFICE * VA RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ANY AND ALL INSURANCE CLAIM RECORDS INCLUDING, BUT NOT LIMITED TO, FIRST PARTY FILE, TORT WAIVER FORMS, DEC SHEETS, MEDICAL SPECIALS, MPC AND PIP LOGS, PAYOUT LOGS, PHOTOGRAPHS, INVESTIGATION MATERIALS, STATEMENTS AND YOUR ENTIRE FIRST PARTY FILE PERTAINING TO CLAIM NO. XXXXXXXXXXXXXXXX DOL: XX/XX/XX FOR THERESA BEISSEL RT: 272708.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSRI V. JAMES W. FARNER File No: 2013-2919 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER (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 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeni together with the certificate of compliance, to theparty making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court ID# Attorney for: Defendant. 0 Seal of the Court BY THE COURT: RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 2 LOCATION: CARLISLE REGIONAL MEDICAL CENTER (MED) RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/X/XXXX TO THE PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** RT: 272708.3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSET V. JAMES W. FARNER File No: 2013-2919 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RVLE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER (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 851 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoem together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court LD# • Attorney •for,': • Dent. Seal of the Court BY THE COURT: RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 3 LOCATION: CARLISLE REGIONAL MEDICAL CENTER (RAD) RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED XX/XX//XXXX TO THE PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * RT: 272708.4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSEL V. JAMES W. DARNER File No: 2013-2919 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FIRST CHOICE REHABILITATION SPECIALISTS (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 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeu; together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought, If you fail to produce the documents or things required by this subpoena within twenty (20) days afte 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800] 20-1291 Supreme Court ID# Attorney for; *Defendant - Scat of the Court BY THE COURT: RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 4 LOCATION: FIRST CHOICE REHABILITATION SPECIALISTS RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED XX/XX//XXXX TO THE PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** RT: 272708.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BIISSEL AND KYLE P. BEISSEL V. JAMES W. DARNER File No: 2013-2919 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH SYSTEM (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 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeni together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone:. (800)220-1291 BY THE COURT: Supreme Court 1D# Seal of the Court RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE 11: 272708; TAG 5 LOCATION: PINNACLE HEALTH SYSTEM RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED XXJXX//XXXX TO THE PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED XX/XX//XXXX TO THE PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** RT: 272708.6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSEL V. JAMES W. FARMER File No: 2013-2919 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SPRING ROAD FAMILY PRACTICE (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 651 Allendale Road King of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte: 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Seal of the Court RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 6 LOCATION: SPRING ROAD FAMILY PRACTICE RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED XX/XX/XXXX TO THE PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS, PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.*********** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED XX/XX/XXXX TO THE PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** RT: 272708.7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSEL V, JAMES W. FARNER File No: 2013-2919 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SADLER HEALTH CENTER (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 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeni together with the certificate of compliance, to tbe party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days afte 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone:, (8001220-1%91 Supreme Court ID# Attorney'for; Defendant DA Seal of tbe Court oko BY THE COURT: RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 7 LOCATION: SADLER HEALTH CENTER RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED XX/XX/XXXX TO THE PRESENT, INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.******** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED XX/XX/XXXX TO THE PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** RT: 272708.8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THERESA T. BEISSEL AND KYLE P. BEISSEL V. JAMES W. FARMER File No: 2013-2919 SUBPOENA TQ PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND VALLEY PAIN MANAGEMENT (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 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requestedby this subpoena together with the certlflcate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or produdng the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days af'te: 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: RccordTrak, JOHN LUCY Address: 651 Allendale Road, King of Prussia PA 19406 Telephone: (800) 22Q-1291 Supreme Court ID# Attorncy.tor: Defendant • DATE: , • '�l`!1'7 Seal of the Court BY THE COURT: RE: THERESA T. BEISSEL AND KYLE P. BEISSEL vs. JAMES W. FARNER CASE NO. 2013-2919 RECORDTRAK FILE #: 272708; TAG 8 LOCATION: CUMBERLAND VALLEY PAIN MANAGEMENT RECORDS PERTAIN TO: THERESA BEISSEL SS #: , DOB: X. ALL MEDICAL RECORDS IN YOUR POSSESSION DATED XX/XX/XXXX TO THE PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** • : 7 .2 ; z ,:• 1,U t Ctli‘2Eia.,W3 COU: --TY Y LVAtil Johnson, Duffie, Stewart & Weidner BY: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com THERESA T. BEISSEL and KYLE P. BEISSEL, her husband, Plaintiffs v. Attorneys for Defendant, James W. Farner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013-2919 CIVIL ACTION — LAW JAMES W. FARNER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs c/o Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 AND NOW, this 17th day of November, 2014, you a responsively within twenty (20) days of the date of se entered against you. JOHN BY: y notified to plead judgment may be ART & WEIDNER John Al cy, Esquire Attorn I.D. No. 203948 301 arket Street, P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Counsel for Defendant, James W. Farner 411 Johnson, Duffie, Stewart & Weidner BY: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com Attorneys for Defendant, James W. Farner THERESA T. BEISSEL and : . IN THE COURT OF COMMON PLEAS OF KYLE P. BEISSEL, her husband, : . CUMBERLAND COUNTY, Plaintiffs : . PENNSYLVANIA v. JAMES W. FARNER, Defendant • NO. 2013-2919 • CIVIL ACTION — LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, JAMES W. FARNER, TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, James W. Farner, by and through his counsel, John A. Lucy, Esquire and Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer with New Matter to Plaintiffs' Complaint, 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3 Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. It is admitted that Defendant, James W. Farner, attempted to make a right-hand turn from the left lane resulting in a collision between his vehicle and the Plaintiff's vehicle. Defendant, James W. Farner, believes that this right passenger side tire contacted with the right front quarter panel of the Plaintiff's vehicle. 10. Admitted. 11. (a) — (I) Paragraph 11 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. COUNT I NEGLIGENCE THERESA T. BEISSEL and KYLE P. BEISSEL, her husband v. JAMES W. FARNER 12. Answering Defendant incorporates herein by reference his answers to Paragraphs 1 through 11 above as though fully set forth herein at length. 13. (a) — (g) Paragraph 13 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 661922 2 14. Paragraph 14 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 15. Paragraph 15 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 16. Paragraph 16 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 17. Paragraph 17 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 18. Paragraph 18 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, James W. Farner, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II LOSS OF CONSORTIUM THERESA T. BEISSEL and KYLE P. BEISSEL, her husband v. JAMES W. FARNER 19. Answering Defendant incorporates herein by reference his answers to Paragraphs 1 through 18 above as though fully set forth herein at length. 661922 3 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, James W. Farner, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 21. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. That Plaintiffs' alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 23. That Plaintiffs' alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 24. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Plaintiff's own comparative negligence and the Pennsylvania Comparative Negligence Act. 25. That if it should be found that there is any negligence on the part of Defendant, which is denied, then in that event, any such negligence is not a factual cause of Plaintiffs' harm. 26. That Plaintiff's alleged injuries may have been pre-existing. 27. That Plaintiff may have failed to mitigate his alleged injuries. 28. That Plaintiffs' alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 661922 4 WHEREFORE, Defendant, James W. Farner, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully sub • ted JOHNSO► . DUFFIE TEWART & WEIDNER ohn . ucy, Esquire Atto • y I.D. No. 203948 30 arket Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Attorney for Defendant, James W. Farner Date: November 17, 2014 661922 5 VERIFICATION I, James W. Farner, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer with New Matter to Plaintiffs' Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: AI'de6— /3, 2014 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer with New Matter of Defendant, James W. Farner, to Plaintiffs' Complaint has been duly served upon all counsel of record and unrepresented parties by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 17, 2014, as follows: Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Counsel for Plain HNSON, DU FIE, STEWAR WEIDNER Lucy SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer. corn Attorney for Plaintiffs THERESA T. BEISSEL and : IN THE COURT OF COMMON PLEAS KYLE P. BEISSEL, her : CUMBERLAND COUNTY, husband PENNSYLVANIA PLAINTIFF : v. : No. 2013-2919 JAMES W. FARNER : CIVIL ACTION — LAW DEFENDANT. : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiffs, Theresa Beissel and Kyle Beissel, by and through her attorneys Schmidt Kramer, PC and respectfully responds to the New Matter of the Defendant as follows: 21-28. Paragraphs 21 through 28 state a conclusions of law to which no responsive pleading is necessary, to the extent they are considered factual the averments are denied and strict proof thereof is demanded. WHEREFORE, Plaintiff requests the New Matter of the Defendant be dismissed and Judgment be entered in favor of the Plaintiff. By: Date: 1110)1 IL-) Respectfully Submitted, SCHMIDT KRAMER, PC Ger. d C. Kramer, Esquire I. P . No. 44715 09 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer. corn Attorney for Plaintiffs p VERIFICATION I, Gerard C. Kramer, attorney for the Plaintiff, verify that I am the attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knowledge of the Plaintiff, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on behalf of the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. SCHMIDT KRAMER PC DATED: \\ \O-,\ \\L\ By: G and C. Kramer, Esquire .D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer. corn Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this A`\- day of N0\1x.01 - f 2014, I, Gerard C. Kramer Esquire, hereby certify that I have this day served a true and correct copy of Plaintiff's Response to Defendant's New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Lucy, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043 Respectfully submitted, SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire I.D. No. 44715 • 209 State Street / Harrisburg, Pa 17101 r (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer. corn Attorney for Plaintiffs