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Home My WebLink About13-0007I ~ ~,~'~~~-fir ~~~~= ~r ~<<~ 1013 JAIL -2 APl 11:1 ~ Y~V~ ~~A~~T ;~ '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, No. 1 3 - ~ 1, iV i 1 T~~~l~ 810 Arch Street, : Mechanicsburg, PA 17055, Plaintiff, Civil Action -Law v. WAYNE B. FENICLE, 1001Nanroc Drive, Apt. 13 r PA 17055 ' Mechanicsbu g~ Defendant. I ii PRAECIPE FOR SUMMONSES TO THE PROTHONOTARY/CLERK OF SAID COURT: X Issue summons on Civil Action -Law in the above case. Writ of Summons shall be issued and forwarded to Sher '~ Date: ~ Z ~~ (Z 4teven _ , ai I.D.~o: ~yi338 r 212 So Queen Street York, PA 17403 (717) 846-1400 ' STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA '~~~ I uire C~~ ~ aa~ ~~ ~$4~~~ ***** I SUMMONS IN CIVIL ACTION TO: Wayne B. Fenicle, 1001Nanroc Drive, Apt. 13, Mechanicsburg, PA 17055 '~ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 1 otary/Clerk, ivil Division i Date: ~ a BY Deputy STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA + 1g Jul - I pi I� � I C E d E V' PENINSYLVANIPk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, 13-0007 NO. -2^ * V. PREACIPE FOR APPEARANCE WAYNE B. FENICLE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20017 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, V. NO. 2013-17 WAYNE B. FENICLE, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Wayne B. Fenicle, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMER 4, McDONNELL, HUDOCK, GUT , C. By Kevi D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PREACIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 26th day of June, 2013. Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 (Attorney for Plaintiff) SUMMERS, M,cDONNELL, HUDOCK, GUTHRIE & KE L, P By: le\,WCf such, Esquire ounsel for Defendant 0 T 13 JUL CUMSERL,','No CCLIINTY PENtqS YLVAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, 13-0007 NO. 2013-1 V. PRAECIPE FOR RULE TO FILE WAYNE B. FENICLE, COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20017 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, V. NO. 2013-17 WAYNE B. FENICLE, (Jury Trial Demanded) Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Marisol Perez, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE EL, 'Co. By: Kevin D. Nauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, V. NO. 2013-17 WAYNE B. FENICLE, (Jury Trial Demanded) Defendant. RULE AND NOW, this day of U1 2013, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of , 2013. Pro T UE COPY FROM RECORD In Testimony whereof,1 here unto set my hand and the seal of said Co rt at arlisle,Pa. This day of 20/�- i Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 26th day of June, 2013. Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE S EEL-P.C. By: : te in D. Rauch, Esquire ounsel for Defendant "R ED-OFFIC! 6t° T rCTI�CI' UTAI t` r X11? JUL -9 AN 11: 13 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 13-ooO MARISOL PEREZ, No Plaintiff, V. Civil Action- Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded For Plaintiff: Steven D. Stambaugh Stambaugh Law, P.C. 2121 S. Queen Street York, PA 17403 Main: (717) 846-1400 Fax: (717) 846-1071 sttambaugh @stambaugh-law.com For Defendant: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Main: (717) 901-5916 Fax: (717) 920-9129 krauch @summersmcdonnell.com STAMBAUGH LAW,P.C. COMPLAINT 2121 S.QUEEN ST. Submitted by: Marisol Perez YORK,PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARISOL PEREZ, No. 2013-17 Plaintiff, V. Civil Action- Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading 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. STAMBAUGH LAW,P.C. Lawyer Referral Service of Cumberland County 2121 S. ST. YORK,RK.PA 32 South Bedford Street PA Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISION MARISOL PEREZ, No. 2013-17 Plaintiff, V. Civil Action- Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO 1NMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. Si usted no puede permitirse emplear a un abogado, esta oficina puede poder proveer de usted la informaci6n sobre las agencias que pueden ofrecer servicios STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. juridicos a las personas elegibles en un honorario reducido o ningfin honorario. YORK,PA Lawyer Referral Service of Cumberland County 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARISOL PEREZ, No. 2013-17 Plaintiff, Civil Action- Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded COMPLAINT AND NOW, this 5t''day of July, 2013, comes the Plaintiff, Marisol Perez, through and by her attorneys, Stambaugh Law, P.C., and files this Complaint, whereof the following is a statement: 1. The Plaintiff, Marisol Perez (hereinafter individually referred to as"Plaintiff'), is an adult citizen of the Commonwealth of Pennsylvania currently residing at 810 Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. The Defendant, Wayne B. Fenicle (hereinafter"Defendant"), is an adult citizen YORK,PA of the Commonwealth of Pennsylvania currently residing at 1001 Nanton Drive, Apartment 13, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter related took place on or about January 24, 2011, at approximately 1:08 p.m., on Allendale Road at its intersection with Geneva Drive, Upper Allen, Upper Allen Township, Cumberland County, Pennsylvania 17055. 4. At all times relevant hereto, Plaintiff was the rear seat passenger of 1999 Dodge Caravan, bearing Pennsylvania Registration HFB5031, which was traveling northbound on Allendale Road. 5. At all times relevant hereto, Defendant was the owner and operator of a 1992 Dodge Caravan, bearing Pennsylvania Registration PD9505X, which was traveling southbound on Allendale Road and turning left onto Geneva Drive. 6. At all times relevant hereto, Plaintiff was covered by full tort under Pennsylvania Law or has limited tort with exclusions that apply, or in the alternative, has serious bodily injury as defined by Pennsylvania Law or was not provided proper STAMBAUGH LAW,P.C. notice of the limited tort option pursuant to 75 Pa. C.S.A. §1701 et. seq., specifically 2121 S.QUEEN ST. YORK,PA §1705 and §1791, and other applicable laws and regulations. COUNT I -NEGLIGENCE Marisol Perez v. Wayne B. Fenicle 7. Paragraphs one (1)through six (6) are incorporated by reference as if set forth fully hereunder. 8. Plaintiff, at or about the aforementioned date and time, was traveling northbound on Allendale Road at its intersection with Geneva Drive. 9. At that time, Defendant was operating his vehicle and traveling southbound on Allendale Road at a high rate of speed and/or at a speed in excess of that which was safe for the conditions then and there prevailing, and, as he approached the intersection with Geneva Drive, Defendant turned left in an attempt to turn onto Geneva Drive without yielding the lawful right-of-way to the vehicle in which Plaintiff was a rear passenger, which vehicle was traveling northbound on Allendale Road. When the Defendant turned left he did so directly into the lawful path of Plaintiff's vehicle, causing a violent collision between the front of both vehicles, which resulted in Plaintiff sustaining myriad injuries according to proof at trial. STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. 10. YORK,PA Said accident was directly and proximately caused by the sole negligent and careless misconduct of Defendant which consisted of the following: a) Operating said motor vehicle without due regard to the rights, safety, and position of Plaintiff s vehicle; b) Failing to have said vehicle under proper control so as to prevent the same from colliding with Plaintiffs vehicle; C) Failing to keep a proper lookout for other vehicles lawfully on the road; d) Failing to operate said vehicle with due regard for the highway and traffic conditions which were then and there existing and of which he was or should have been aware; e) Failing to take evasive action in order to avoid impacting the Plaintiffs vehicle; f) Violating 75 Pa.C.S.A. §3322 by failing to yield the right of way to Plaintiffs' vehicle while executing a left turn; g) Violating 75 Pa.C.S.A. §3334 by turning his vehicle without first ascertaining that the movement could be made with reasonable safety; h) Violating 75 Pa.C.S.A. §3714 by driving said vehicle in careless disregard for the safety of persons or property; and i) Violating 75 Pa.C.S.A. §3736 by driving in disregard for the safety of persons or property. 11. Said accident resulted solely from Defendant's aforesaid sole negligent and careless misconduct and was in no way the result of any act or failure to act on the part of the Plaintiff. STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. 12. YORK,PA As a direct and proximate result of the Defendant's aforesaid sole negligent and careless misconduct, Plaintiff has sustained myriad personal injuries resulting in serious impairment of bodily function according to proof at trial which include the following: a) Physical pain and suffering resulting from multiple bodily injuries as more fully described in Plaintiff's post-accident medical records including but not limited to injuries to Plaintiffs head, back, right arm, left wrist and right knee; b) Mental anguish; C) Discomfort; d) Inconvenience; e) Distress; f) Loss of life's pleasures; g) Embarrassment and humiliation; and h) An impairment of health and sense of well being. 13. As a direct and proximate result of Defendant's aforesaid sole negligent and careless misconduct, Plaintiff has suffered, is suffering, and in the future will continue to suffer myriad financial injuries according to proof at trial which include the following: a) Past,present, and future medical expenses which have or may in the future exceed applicable legal limits; STAMBAUGH LAW,P.C. b) Incidental costs resulting from dealing with said injuries; 2121 S.QUEEN ST. YORK,PA c) Economic and financial losses resulting from dealing with said injuries; d) Lost economic opportunities resulting from dealing with said injuries; e) Out of pocket costs and losses resulting from dealing with said injuries; and f) Loss of earnings and earning capacity. Wherefore, Plaintiff respectfully requests that this Honorable Court enter judgment against Defendant Wayne B. Fenicle in an amount in excess of$50,000.00, according to proof at trial, together with delay damages, interest, costs of suit, and such other relief as this Court deems just and proper. Respectfully submitted, STAMBAU Date: July 5, 2013 Ste b , Esquire Co t I. Attorn for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846-1400 STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. YORK.PA VERIFICATION I, Steven D. Stambaugh, Esquire, verify that I am the attorney for Marisol Perez in the foregoing matter and that I hereby certify that the facts set forth in Plaintiff s Complaint, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Respectfully , Date: July 5, 2013 Steve .. St ug , Esquire Atto y for lai i I.D. 6433 2121 South Queen Street York, PA 17403 (717) 846-1400 STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. YORK,PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARISOL PEREZ, No. 2013-17 Plaintiff, V. Civil Action- Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE I,Nancy S. Cooke, of the law firm of Stambaugh Law,P.C., attorneys for Plaintiff, do hereby certify that I am this day serving a copy of the foregoing Plaintiff s Complaint upon the Defendant in the following manner: BY FACSIMILE AND BY FIRST CLASS MAIL: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Counsel for Defendant) STAMBAUGH LAW P.C. Date: July 5, 2013 Nancy S. Cooke, ssistant to: STAMBAUGH LAW,P.C. Steven D. Stambaugh, Esquire 2121 S.QUEEN ST. Court I.D. # 64338 YORK,PA Attorney for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846-1400 Lett n 13 JUL —9 A 1.1: � OUM&RLAND COUNT PENhISYLVAN1A Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 13°0007 MARISOL PEREZ, No. 26f3-i-7 Plaintiff, Civil Action-Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE 1,Nancy S. Cooke, of the law firm of Stambaugh Law,P.C., attorneys for Plaintiff, do hereby certify that I am this day serving a copy of the foregoing Plaintiff's Interrogatories and Request for Production of Documents Directed to Defendant Wayne B. Fenicle upon the Defendant in the following manner: BY FACSIMILE AND FIRST-CLASS MAIL: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie& Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Counsel for Defendant) STAMBAUGH LAW,P.C. Date: July 5, 2013 STAMBAUGH LAW,P.C. 2121 S.QUEEN ST. Nancy S. Cooke, Assistant to: YORK,PA Steven D. Stambaugh, Esquire Court I.D. # 64338 Attorney for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846-1400 L li` I7L P R0 I i I0N0 i� 2013 AUG -2 AN 11. 12 'UFIdEf3LAi0 1: ' e PEN[gSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, NO. 2013-07 V. ANSWER AND NEW MATTER WAYNE B. FENICLE, Defendant. (Jury Trial Demanded) TO: Plaintiff Filed on Behalf of the Defendant You are hereby notified to file a written Response to the enclosed Answer and Counsel of Record for This Party: New Matter within twenty (20) days From servicq hereof or judgment Kevin D. Rauch, Esquire May be en jain ou. Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Summ cD h knell, Hudock, Firm #911 Guthri & Skeel, P.C. 100S.terling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20017 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISOL PEREZ, CIVIL DIVISION Plaintiff, V. NO. 2013-17 WAYNE B. FENICLE, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Wayne B. Fenicle, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied as stated. The Defendant resides at 1001 Nanroc Drive, Apt. 13, Mechanicsburg, Cumberland County, PA. 3. Admitted. 4. Admitted. 5. Admitted. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT 7. In response to paragraph 7, the Defendants reiterates and repeats all his responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles identified on the date, time and place of the subject accident. The remaining allegations are denied pursuant to 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary., said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time and place of the subject accident. The remaining allegations are denied pursuant to 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e) Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Wayne B. Fenicle, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 14. The motor vehicle accident in controversy is subject to the Pennsylvania Motor'Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 15. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 16. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 17. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. F WHEREFORE, Defendant, Wayne B. Fenicle, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & S EEL, P.C. By: even D. R kch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by, his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18.Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ToCY 3f--X O'Wayn,6 B. Fenicle #20017 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop of th AND NEW MATTER has been mailed b U.S. e foregoing ANSWER Y . Mail to counsel of record via first class mail, postage pre-paid, this 1 st day of August, 2013. Steven D. Stambaugh, Esquire Stambaugh Law 2121 South Queen Street York, PA 17403 (Attorney for Plaintiff) SUMMERS, MCDONNELL, HUDOCK, GUTHRIE &&forDefendant By: e C 'j-HE PROTHONC1 T k.",w' 2813 NOY -4 PM 2: 97 C, NS p LVCOUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I3-0007 MARISOL PEREZ, : ale 204 ' Plaintiff, V. Civil Action- Law WAYNE B. FENICLE, Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE I,Nancy S. Cooke, of the law firm of Stambaugh Law,P.C., attorneys for Plaintiff, do hereby certify that I am this day serving a copy of the foregoing Plaintiff's Answers to Defendant's Interrogatories and Document Requests upon the Defendant in the following manner: BY FACSIMILE AND BY FIRST CLASS MAIL: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Counsel for Defendant) STAMBAUGH LAW, P.C. Date: October 31, 2013 Nancy 9. Cooke, Assistant to: STAMBAUGH LAW,P.C. Steven D. Stambaugh, Esquire 2121 S.QUEEN ST. Court I.D. # 64338 YORK,PA Attorney for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846-1400