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HomeMy WebLinkAbout12-5712''-i `, 1. ,- `~ '~ , W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING 8~ ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com DELICIA MILLS, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~ S~l~a C~v~l v. NO. JANET L. KERSTETTER, CIVIL ACTION -LAW Defendant 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 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO LISTED 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 (2Q) dias despues de la notificacion de esta Demands 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 falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por' cualquier sums de dinero reclamada en fa demands o cualquier otra rectamacion 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 pars usted LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED 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 1701.3 (800)990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP ,._...~ By: - ---._=~ W. Scott Henning, JEsq ~~'. Scott } Icnning (P.n 32298) H,~~~u-,H:-i, IIE:~~~-~c & Ros~,~a~ac,, LLP 1300 I,in,=lesto~yn Road_ Suite l larrisbur~~. Pfd 171 10 Ph. 717.38.2000 l~as ;' ! , .='. x.;,3029 penning"ira~hrla~-~.cor7~ IN THE C'OUR'I' OF COMMON PLh,AS CUMBF,RL~IND COUN"TY, P],;NNSYI.VANIA ___ DI~;LICI,1 MILLS, ~~. Plaintiff NO.: 12-5712-2012 flttornc~ s i~~~r Plaintiff JANF~"1' I.. KERSTh;"I'"Th'.R, llet'endant CIVIL, ACTION' -LAW COMPLAIN"1' ;1~~~~ ~~)~~' comes the Plaintiff. Dclicia Mills ("'.Vls. Mills"~), br~ and through. her attorneys, IL~~~-~-.r-i, EIH;~~~i~~c~ & RosF,~eF-ic:, [.LP. by ~-. Scott Henning" l~,s~~.. m~il:~s ~~:hc within Comi~laint against the I)cfcndant, Janet L. Kerstetter ("Uefendant~~)_ and ay~ers as t~~~ii~~~~s: 1. :y9s. ,'fills is a competent adult individual and citizen of the Comnuu~~~calth of Pennsvlvrl~lia currently residing at 466 '~. V~~cst Street. Carlisle. Cumherl<<n~1 County, Pcnnsvly,.inia. ~. I)ef~endant is upon information and belief. a competent adult indi~~idual and citircn of~thc Commonwealth of Yennsyl~-°ania with a l~:~st known address of 3~~1 Spa~ing Road, Carlisle_ ('umherland County. Pennsylvania. ~. ;1t alf times material hereto. Ms. Mills did not own a ~~ehicle and ~~~a~; not a named insured under any policy ol~motur vehicle insurance. nor did she reside ~~ith a rcl<:r~iv~~ ~~ho was insured uulcr a motor vehicle insurance policy and.. thcrcforc_ she is ~.ieemed to hti~ ~_~ selcrtcd the Dull Mort option purs~~lant to 7~ Pa. CS.n. ~ 170~(b)(~). ~. -fit all times material l~~ereto. there were no adverse ~ycather conditions. 5. (h~ august ~1, 2011. at approximatcl~~ ~~~? a.m., ?~~Is. Mills ~~as the opcrar.o~° oha blue and silver Trek bicycle and .vas lawi~ully travclin~~ southbound on the sh~~ul~lt~r of South [ lano~ cr Street scar the I-81 interchange in Carlisle. Cumberland County. Pennsvl~,°~u1i~i. ~~. r1t approximately the same time and place. Oeicndant was the owner ar,d operator of~a .'UUK Saturn bcarin~~ Pcnnsylvarlia registration nun-~bcr C~M~;OO6 (~~Defendar~t's vehicle") and was travelin~~ southbound in the right-hand lane i~f South llano~~cr Street ~~car the I-81 interchan;_tc. 7. Suddenly, and without warning, the front passen~~er side of [)elendani~s vehicle violently collided with the rear of Ms. Mills' bicycle. 5. .~s a direct and proximate result ot~ the aloremcnii~:~ncd co~.lision. '~'(~. Mills was thrown It-om her bicycle into the western median of the road~~,u~ . ~). 1s a direct and proximate result of thealorementioned collision. ~1s. Mills was transported to Carlisle Regional /airport via ambulance and was then flown to f lcr~•;hev Medical C11ler. I (?. ;~s ~~ direct and proximate result of the aforementioned collisi~,~n. A'ls. Mills suffered damages >et forth more speci(icall~-~ below. 1 1 . The occurrence of the aforementioned collision and all the resrlltant damages to yls.~liils are the direct and proximate result of the negligence and/or carelessness ~~f Defendant, generally and mire spccilically as set forth below: a. Driving Defendant`s vehicle in careless disregard 1c~r the. sai~ct~ of persons or property in violation o1~75 Pa.C.S.:1. ~ 371=1: b. Failing to exe~~cise reasonable care in the operation and ci~ntrol of Defendant"s vehicle. in violation of 7~ 1'a.C'.S.<<~. ~ 371=1: c. bailing to operate Defendants ~.~ehicle at a speed at ~~hicf~ ~;hc could stop within the assured clear distance ahead. in ~ iol~~.tii~n of 7> f'a.CS.A. ~~ 3G1: d. Failing to be reasonably vigilant to observe Ms. Mills Lic~~.le lay-yfiilly upon the. roadwa~~: c. Failing to properly regulate the speed of Defendant's ychicl~~ ~« as to prevent a collision with Ms. Mills b~cvcle; C. failing to operate Defendants vehicle in si.ich ,a mam~er th~it ~yo~ild allow her to apply the brake and stop 1-~c[~~re striking ~1~. A9ills~ bicycle: ~~ Disregarding the speed ol~ vehicles. the condition of` the hi~.~h~~,av. and the traffic upon the highway, in violation of~ 7~ I'a.(~.`~.:A X361: h. Failing to have sufficient control of~ I)efendant~s ~~ehiclc. ~,ihich would have allowed the vehicle to be stopped before doin;_~. ~:njur~~ to any person or anything likely to arise under the circumstances; and i. Failing to be continuously alert, failing to perceive any ~~arnin~~ i~f danger that w,as reasonably lil:cly to exist. anti failing to ha~,c her chicle under such control that injury to persons or property, co~,ild he avoided. 1=~. 1s a direct and proximate result of the negligence of I)ef~ndant. 11s. ~~il(s has sui~i~red .~~tensi~--c pe,~sonal injuries which include. but arc not limned to. a concussion, a I~iac_ured pelvis. a Gactured right shoulder. a broken nose. broken teeth. a broken ja~o, .uui loss of hcarin~~ in ilcr left ear. L~ ;1s a direct and proximate result of~ the ncgli~aencc ui~ I)ef~ndant. '~'1s. Mills has sul~i~rcd~ ~~n.~~it ph~~sical pain. discomlorL and mental an~~.uish, and she ~~~ill continue to ~~ndurc the same for an indciinite period of tirue in the i~uture. to her physical, emotional, quid linancial dctrin~ent and loss. 1~4. ns a direct and proximate result of the negligence of Defendant. A~1s. ti1~_lls has been Lomp~:llcd. in order to effect a cure for the. aforesaid injuries. to expend sums ~,~f .ni~t~cv for n~e~ii~~ine andror medical attention. and will be required to expend more for the sarnc purposes in tl~e fut~n~c. !.o her detriment and loss. '~. ~ :1s a ~_I~acct and proximate result of the negligence of I~clendant. `,~9s. ti1ills has suf~t~cr~d a 1e15S of income and earning, capacity. 4 16. ~s a direct and proximate result of~ the negli~~ence oi~ I~ef~endant. '~1;. yJills has suf~fcrcd a :~~ss o1~ lif~.'s pleasures. and she will continue to suf~fcr the same in th~~ future. to her detriment and loss. 17. ,1s a direct and proxirnatc result of~thc ncgli~.!cnce o(~[)cicndant, ti1~>. A~9ills will in the f~titurc he hindered from attendin;, to her dail~~ duties. to her detriment, loss. hu~~-niliati~_~n, and embarrassment. Wtu~:~zt:FO~zF. Nlaintif'i~s. Felicia ~~ills. seela damages li-om I~cfcnd~,nt.. Janet L. Kcrt~[tcr. in an anu~~unt in excess of the compulsoryarhitration limits of C~.u~~h~,rland County.. cxclusi~~e ~~~ interests and costs. Respectt~ull~~ submitted, IIANDI.I~,R, IIF.NnING & R05Fa~Ri~:IZG, LLP ..----~~ - - -- --- ~1'. Scott (lennm~_~~~1~ "'~,~9 ) ~~~- - 1 X00 I,inglcstown Road,: to ' /~ I farrishurg. Yid 171 1 I) ,,/ (7l7) 2 ~8-?000 henningruhhrlaw.corn .~~ 1 /O1'Y7L' l%J' ~O1" ~~~ Lll ]7l1 f Ueliciu :'l~rll.c 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 docurrtent is of counsel and not my own. i have read il~te document and tc thy; extent that it is based upon information which I have given to counsel, it is tr~.ae 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. Delicia Mills Date: .~C? ~~- ,~o~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DELICIA MILLS, Plaintiff v. JANET L. KERSTETTER, Defendant NO.: 12-5712-2012 CIVIL ACTION -LAW CERTIFICATE OF SERVICE On the 30th day of October, 20:12, I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing in U.S. Mail: Thomas A. McDonnell, Esq. SummE~rs, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 Respectfully submitted, HANDLER, HENNING & RO/SENBERG, LLP ~'1 ~ / ~/ jj W. Scott Henning A/~ Supreme Court ID#3 298 1300 Linglestown Road -Suite 2 Harrisburg, PA 17110 (717)238-2000 Attorney for Plaintiff F'41U D-OFFICE: ,i THE t ROTNONOTA 'f 2013 MAY -7 AF111: 09 JOHNSON,DUFFIE,STEWART&WEIDNER CUMBERLAND COUNTY Attorneys for Defendant By: John R. Ninosky PENNSYLVANIA Janet Kerstetter I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn @jdsw.com DELICIA MILLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 12-5712 Civil V. CIVIL ACTION — LAW JANET L. KERSTETTER, JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: Delicia Mills c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer with New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART&WEIDNER By: qh R Esquire Counsel for Defendant Date: May 6, 2013 f JOHNSON, DUFFIE,STEWART&WEIDNER. Attorneys for Defendant By: John R. Ninosky Janet Kerstetter I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn @jdsw.com DELICIA MILLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 12-5712 Civil V. CIVIL ACTION — LAW JANET L. KERSTETTER, JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Janet L. Kerstetter, by and through her counsel, Johnson, Duffie, Stewart & Weidner, P.C., and files this Answer with New Matter to Plaintiff's Complaint by respectfully stating the following: 1. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of this averment. The same is therefore denied, and strict proof demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of this averment. The same is therefore denied, and strict proof demanded at the time of trial. 4. - 17. Denied. The averments contained in these paragraphs contain conclusions of law and fact to which no response is required. If an answer is deemed required, the averments contained herein are denied. WHEREFORE, Defendant, Janet L. Kerstetter, respectfully requests that Plaintiffs Complaint be dismissed with prejudice and that judgment be entered in her favor. NEW MATTER 18. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 19. Plaintiff's claims and/or alleged losses may be limited and/or barred by her own comparative negligence. 20. Defendant's alleged negligence, which is negligence is expressly denied, was not the factual cause of any injury to Plaintiff. 21. Plaintiff may have failed to mitigate her damages, if any, with any liability or responsibility on the part of the Answering Defendant being denied. 22. Plaintiffs claims and/or alleged losses may be barred by the applicable statute of limitations. 23. That the accident may have been caused by an intervening, superseding cause. 24. That the Plaintiffs alleged cause of action may have been caused by third parties or entities not presently involved in this action. 25. Plaintiff's damages and/or alleged injuries are limited and/or barred by the Pennsylvania Motor Vehicle Financial Responsibility Law. Respectfully submitted, JOHNSON UFFIE, STEWART&WEIDNER By: Z�4yw i(A Jo R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: May 6, 2013 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) John R. Ninosky, Esquire, states that he is the attorney for the party filing the foregoing Answer with New Matter to Plaintiffs Complaint and 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. John . Ninosky, Esquire Attorney for Defendant Date: May 6, 2013 345785 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 6, 2013: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART &WEIDNER By: 4/ //14 1AA Jo n R. Ninosky 0 PRO THONO 2FJ13MAY 10 AM 11. 43 L4lMBERLAND COUN-ry PENNSYLVANIA W. Scott Henning (PA 32298) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 henning @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DELICIA MILLS, Plaintiff V. NO.: 12-5712-2012 JANET L. KERSTETTER, Defendant CIVIL ACTION—LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Delicia Mills, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and responds to the Defendant's allegations of New Matter as follows: 18. Denied. The allegation set forth in paragraph 18 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's Complaint fails to state a cause of action upon which relief may be granted, and proof to the contrary is demanded at the trial in this matter. 19. Denied. The allegation set forth in paragraph 19 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiff's claims and losses may be limited and/or barred by her comparative negligence, and proof to the contrary is demanded at the trial in this matter. By way of further answer,the Plaintiff denies that she was in any way contributorily or comparatively negligent with respect to the causation of the collision. 20. Denied. The allegation set forth in paragraph 20 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that the Defendant's negligence was not the factual cause of the collision and the resulting injuries sustained by the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 21. Denied. It is denied that the Plaintiff has failed to mitigate her damages, and proof to the contrary is demanded at the trial in this matter. 22. Denied. The allegation set forth in paragraph 22 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's claims, injuries and financial losses may be barred by the applicable Statute of Limitations, and proof to the contrary is demanded at the trial in this matter. 2 23. Denied. The allegation set forth in paragraph 23 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that the collision between the Defendant's vehicle and the Plaintiff's bicycle was caused by an intervening or superseding cause, and proof to the contrary is demanded at the trial in this matter. 24. Denied. It is denied that the collision and the resulting injuries sustained by the Plaintiff was caused by Third Parties or entities not presently involved in the subject cause of action, and proof to the contrary is demanded at the trial in this matter. 25. Denied. The allegation set forth in paragraph 25 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, the Plaintiff acknowledges that she will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law that are deemed to be properly applicable to the subject cause of action by the Honorable Court. WHEREFORE, Plaintiff, Delicia Mills, respectfully requests that the Honorable Court proceed to enter judgment in her favor and against the Defendant, Janet L. Kerstetter, for the relief set forth in her Complaint. Respectfully submitted, HANDLER, HENNI SENBERG, LLP Date: May 9, 2013 By: W. Scott Henning A 29 1300 Linglestown d, ite 2 Harrisburg, PA 17110 (717) 238-2000 henning @hhrlaw.com 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, 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 the Plaintiff was not available to execute the Verification so as to comply with the time deadline within which to file this document and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: W. SCOTT NNING ESQUIR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DELICIA MILLS, Plaintiff V. NO.: 12-5712-2012 JANET L. KERSTETTER, Defendant CIVIL ACTION—LAW CERTIFICATE OF SERVICE On the 91h day of May, 2013, 1 hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing in U.S. Mail: John R. Ninosky, Esq. Johnson, Duffie, Stewart &Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning F I L r.6'-0 Fr IC E (";"F TIH PRO THONO TAR 213 MAY 15 Pry 2: 52 JOHNSON, DUFFIE,STEWART&WEIDNERn Attorneys for Defendant By: John R. Ninosky IUMBERLAND COUNTY I.D. No. 78000 PENNSYLVANIA Janet Kerstetter 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn @jdsw.com DELICIA MILLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 12-5712 Civil V. JANET L. KERSTETTER, CIVIL ACTION — LAW JURY TRIAL DEMANDED Defendant : PRAECIPE TO SUBSTITUTE VERIFICATION OF DEFENDANT TO THE PROTHONOTARY: Kindly substitute the attached Verification of Defendant Janet Kerstetter for the original Verification signed by the undersigned and attached to the Answer with New Matter filed On a ' May 7, 2013. Respectfully submitted, JOHNSON, DUFFIE, STEWART&WEIDNER By: Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant . Date: May 14, 2013 VERIFICATION I, Janet Kerstetter, have read the foregoing Answer with New Matter, and.hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. J n 'Kerstet Date: 5551612 l CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Substitute Verification has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 14, 2013: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART &WEIDNER By: J hn R. Ninosky W. Scott Henning (PA 32298) if'1�,;t' Handler, Henning& Rosenberg, LLP 2'11 FEB 1300 Linglestown Road, Suite 2 L'(�,'y Ft � U i Harrisburg, PA 17110 p��r�. �ip 1- U � Ph. 717.238.2000 Attorneys for Plaintiff LANS'LVAN!4 1 r Fax 717.233.3029 henning @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DELICIA MILLS, Plaintiff v. NO.: 12-5712-2012 JANET L. KERSTETTER, Defendant CIVIL ACTION—LAW PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above captioned matter as Settled, Discontinued and Ended. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: 'r� ;/. W. Scott Hennin:►uire Supreme Court II 2298 1300 Linglestown Road - uite 2 Harrisburg, PA 17110 717-238-2000 henning @hhrlaw.com - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DELICIA MILLS, Plaintiff v. NO.: 12-5712-2012 JANET L. KERSTETTER, Defendant CIVIL ACTION—LAW CERTIFICATE OF SERVICE On the 25th day of February, 2014, I hereby certify that a true and correct copy of Plaintiff's Praecipe to Settle, Discontinue and End was served upon the following by depositing in U.S. Mail: John R. Ninosky, Esq. Johnson, Duffie, Stewart&Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 HANDLER, HENNI i & ROSENBERG, LLP By: ��: G_ W. Scott Henning, • ire Supreme Court ID,,' . 298