Loading...
HomeMy WebLinkAbout14-4910 Supreme C"rfOXennsylvania -W_ of Coinmoi-,pleas For Prothonotary Use Only: couq ctyil Cover Sheet Docket No: #' County / 61,9urZ The infoi•tnation collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other-papers as required by laiv or rules of court. Commencement of Action: ❑ Complaint Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C ,I, Q1/4 A , � � 41 wts Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 'Yes ❑ No (check one) ffroutside arbitration limits 4 N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? ❑ Yes A Name of Plaintiff/Appellant's Attorney: Clh e1A Check here i€sou have no attorney (are a Self-Represented [Pro Se} Litigant) 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. TO (do not include mass Tort) CONTRACT(do not inelude Judgments) CIVIL APPEALS ��` Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑Debt Collection:Other [❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T, ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: 11 Ejectment E] Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential . Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION/LAW RICHARD A. ESTACIO, No. VS. LORI A. LEWIS Jury Trial Demanded r-rz x�• z a fTj--». PRAECIPE FOR WRIT OF SUMMONS v'p TO THE PROTHONOTARY: D CD Please issue a writ of summons in the above-captioned action. , : c T:> _< Date: August 19, 2014 GIBSON &SHARPS, PSC i�. Estacio, Esq. c-�S Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 �as� Phone 484-844-9130 Fax 502-214-1064 PA Supreme Court ID No. 52793 WRIT OF SUMMONS IN CIVIL ACTION To: Lori A. Lewis, 3589 Golfview Drive, Mechanicsburg, PA 17005. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. David D. Bu-/ell Prothonotary DATE D/� . 0/ �� SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 RICHARD A. ESTACIO, Plaintiff v. LORI A. LEWIS, Defendant OFFS., OTHO O L AUL! SEP -4 AM .8: 39. CUMBERLAND COUNTY' PENNSYLVANIA LeRoy Smigel, Esquire lsmi gel @ sasllp.com David W. Park, Esquire dpark@sasllp.com Attorneys for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4910 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Defendant, Lori A. Lewis, in the above -captioned action. Date: l 7 2C)/(11 SMIGEL, ANDERSON & SACKS, LLP By: LeRoy Smigel, Esquire ID #09617 David W. Park, Esquire ID #315905 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant RICHARD A. ESTACIO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. LORI A. LEWIS, Defendant : NO. 14-4910 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Park, Esquire, counsel for Defendant in the above -captioned matter, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on self -represented Defendant by facsimile and by placing same in the U.S. Mail, first class, postage paid on the September 4, 2014 addressed as follows: - Richard A. Estacio, Esquire Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 Fax (502) 214-1064 SMIGEL, ANDERSON & SACKS, LLP By: David W. Park, Esquire ID #315905 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717)234=2401 RICHARD A. ESTACIO, Plaintiff v. LORI A. LEWIS, Defendant -ai i- WHO 2� SEP -9 f'i8:2 CUMBERLAND COUNTY LeRoy Smigel, Esquire lsmigel@sasIlp.com David W. Park, Esquire dpark@sasllp.com Attorneys for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-4910 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a rule upon Richard A. Estacio, to file a Complaint within twenty (20) days or suffer the entry of Judgment of Non Pros. SMIGEL, ANDERSON & SACKS, LLP David W. Park, Esquire ID #315905 Smigel, Anderson & Sacks, LLP 4431 North Front Street, Third Floor Phone: (717) 234-2401 Fax: (717) 234-3611 Email: dpark@sasllp.com RULE TO FILE COMPLAINT � AND NOW, this 7 Gday of September, 2014, a Rule is hereby granted upon Richard A. Estacio to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. 12.4,ezec, _PugiL David D. Buell, Prothonotary RICHARD A. ESTACIO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LORI A. LEWIS, Defendant : NO. 14-4910 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Park, Esquire, counsel for Defendant in the above -captioned matter, do hereby certify that I served a true and correct copy of the foregoing Rule to File Complaint on self - represented Defendant by facsimile and by placing same in the U.S. Mail, registered mail return - receipt requested, postage paid on the September 9, 2014 addressed as follows: Richard A. Estacio, Esquire Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 Fax (502) 214-1064 By: SMIGEL, ANDERSON & SACKS, LLP David W. Park, Esquire ID #315905 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFFS OFFICE OF CUMBERLAND COUNTY tr 01: CIttitirpt. e-§ OFFICE OF MR SKRiFF r THE PkOiH6i.laTAPY MR SEP -9 PH 3: 2 CUMBERLAND COUNTY PENNSYLVANIA Richard A Estado vs. Lori A Lewis Case Number 2014-4910 SHERIFF'S RETURN OF SERVICE 08/26/2014 06:32 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be David Lewis, Husband, who accepted as "Adult Person in Charge" for Lori A Lewis at 3589 Golfview Drive, East Pennsboro, Mechanicsburg, PA 17050. UTSHALL, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, August 29, 2014 CeentySte Sheriff, Thiesoff, RONNTY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUBERLAND COUNTY, PENNSYLVANIA CIVIL LAW — ACTION RICHARD A. ESTACIO, Plaintiff, vs. LORI A. LEWIS, Defendant -n : No. 14-4910 -003. c � i • it • a • *D ..-? 6 ..(f.)<-7;". • G„) p.cp' CD : JURY TRIAL DEMANDET - 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 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 LAWYERS REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION/LAW RICHARD A. ESTACIO, No. 14-4910 Plaintiff vs. LORI A. LEWIS, Defendant. Jury Trial Demanded COMPLAINT AND NOW, comes the Plaintiff, Richard A. Estacio, and files the within Complaint, and in support thereof avers as follows: PARTIES . The Plaintiff is Richard A. Estacio [hereinafter "Plaintiff], an adult individual residing at 213 Delmont Ave., Ardmore PA, 19003. 2. The Defendant is Lori A. Lewis, [hereinafter "Defendant"], an adult individual residing at 3589 Golfview Drive, Mechanicsburg, PA 17005. FACTUAL BACKGROUND 3. The parties were the parents and natural guardians of Lindsay Ann Estacio [hereinafter "Lindsay"]. 4. Lindsay was born on February 19, 1988. 5. Lindsay passed away intestate on August 19, 2012. Lindsay was unmarried and had no children at the time of her passing. 6. Lindsay was the owner of real and/or personal property at the time of her passing. 7. Part of the property owned by Lindsay at the time of her passing was the remaining proceeds she received from a settlement of a personal injury action which had been commenced on her behalf by the parties herein. 8. Following the settlement of said personal injury action, the parties herein agreed that none of the proceeds of the settlement would be retained by them personally. Instead, all of the net (after deduction for attorneys' fees and costs) settlement funds would go solely to Lindsay. 9. The funds were retained in various forms, including a checking account, Certificates of Deposit, and the like. 10. Sometime thereafter Defendant informed Plaintiff that Lindsay had purchased a motorcycle for a friend of hers, and had otherwise been spending some of the proceeds she had received from the settlement irresponsibly. 11. In light of this behavior, and for convenience since Lindsay was living with Defendant at the time in Mechanicsburg, Defendant convinced Plaintiff that it would be prudent to have Defendant's name also put on the accounts/CDs, etc. as well, so that she could control the use of Lindsay's money from the settlement, and that Plaintiff's name not appear on the accounts since he lived in Lancaster and it would be inconvenient to have to get both signatures in order to write checks and otherwise manage the accounts on Lindsay's behalf. 12. Plaintiff agreed that for this sole purpose he would sign documents for the financial institution allowing Defendant to oversee Lindsay accounts in this manner. 13. Plaintiff believes and therefore avers that Lindsay had acquired and owned property above and beyond the settlement proceeds referred to above. Count I VIOLATION OF STATUTE 14. Plaintiff realleges and incorporates herein paragraphs 1-13 by reference thereto as if fully set forth at length. 15. 20 P.S. § 2103 (Pennsylvania Decedents, Estates and Fiduciaries) regarding intestate succession provides that when an individual dies and has no surviving spouse or children, then the property at issue passes to the parent(s). 16. Despite repeated requests for an accounting of Lindsay's property, and an equal division of same per the above-named statute, Defendant has wrongfully refused to provide such accounting nor equitably apportion any of Lindsay's property following her death. 17. Defendant's actions in this regard were willful, wanton and outrageous. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), above the jurisdictional limits for compulsory arbitration, together with interest, costs of this proceeding, and punitive damages. Count II CONVERSION 18. Plaintiff realleges and incorporates herein paragraphs 1-16 by reference thereto as if fully set forth at length. 19. Defendant has wrongfully retained the property rightfully belonging to Plaintiff as hereinabove described, and converted same to her own use without lawful justification. 20. Defendant's actions in this regard were willful, wanton and outrageous. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars, above the jurisdictional limits for compulsory arbitration, together with interest, costs of this proceeding, and punitive damages. COUNT III BREACH OF FIDUCIARY DUTY 21. Plaintiff realleges and incorporates herein by reference thereto paragraphs 1-20 as if fully set forth at length. 22. Defendant in her role as a custodian of Lindsay's settlement proceeds, and by actively managing said proceeds on Lindsay's behalf, stood as a fiduciary with respect to Lindsay's accounts. 23. Defendant's ongoing failure to fully account for the disposition of Lindsay's settlement proceeds despite requests for same constitutes a breach of her fiduciary duty to preserve Lindsay's assets solely for her benefit throughout her life up until the time of her passing. 24. Defendant's breach in this regard has resulted in an unlawful dissipation of Lindsay's assets. 25. Defendant's actions as described were willful, wanton and outrageous. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs of this proceeding, and punitive damages. GIBSON & SHARPS, PSC Richard A. Estacio, Esq. Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 Phone 484-844-9130 Fax 502-214-1064 PA Supreme Court ID No. 52793 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW — ACTION RICHARD A. ESTACIO, Plaintiff, vs. LORI A. LEWIS Defendant. : No. 14-4910 • • : JURY TRIAL DEMANDED VERIFICATION I, Richard A. Estacio, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Dated: 101 & , 2014 Richard A. Estacio IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW — ACTION RICHARD A. ESTACIO, Plaintiff, vs. : No. 14-4910 • • • LORI A. LEWIS : JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE of the Mail: I, Richard A. Estacio, certify that on this 01 el" of V 2014, a true and correct copy David W. Park, Esq. Smigel, Anderson and Sachs, LLP 4431 N. Front Street, Third Floor Harrisburg, PA 17110 Attorney for Defendant Date: It pt , 2014 was served on the following, via first class prepaid US ---Richard A. Estacio, Esquire SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 RICHARD A. ESTACIO, Plaintiff FILED-0FF{0F THE. tt;©I'riONOT." ti l 21.1111 N0V 13 8: 31 CUMBERLAND LeRoy Smigel, Esquire Ismigel@saslIp.com David W. Park, Esquire dpark@sasllp.com Attorneys for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-4910 CIVIL TERM LORI A. LEWIS, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Richard A. Estacio, Esquire Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 Rae@ribsonsharps.com Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID # David W. Park, Esquire ID #315905 Smigel, Anderson & Sacks, LLP 4431 North Front Street, Third Floor Phone: (717) 234-2401 Fax: (717) 234-3611 SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 LeRoy Smigel, Esquire Ismigel@sasIlp.com David W. Park, Esquire dpark@sasllp.com Attorneys for Defendant RICHARD A. ESTACIO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-4910 CIVIL TERM LORI A. LEWIS, Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT LORI A. LEWIS AND NOW comes Defendant Lori A. Lewis, by and through her counsel, LeRoy Smigel, Esquire and Smigel, Anderson & Sacks, LLP, to file her Answer with New Matter and avers in support as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted with clarification. At the time of her passing, Lindsay held $78.00 at her passing. Lindsay also owned a 2007 Chevrolet Cobalt. Lindsay did not own any other property at her passing. 7. Admitted in part and denied in part. Defendant admits that Lindsay received a settlement for a personal injury action. Defendant denies any implication that Lindsay held property in excess of the funds and property identified in Paragraph 6 herein at her passing. 8. Denied. The Parties never had any mutual agreements regarding the funds. Strict proof of any such agreement is demanded at trial. 9. Denied as stated and strict proof is demanded at trial. 10. Admitted. 11. Denied as stated. Lindsay lived with Defendant and Defendant cared for her. During that time, Lindsay reached the age of majority and Plaintiff had no authority over Lindsay's money or possessions. Lindsay chose to give Defendant certain funds as reimbursement for Lindsay's medical expenses paid for by Defendant and for Lindsay's future living and medical expenses which Defendant promised to continue to pay. 12. Denied as stated and strict proof is demanded at trial. 13. Denied as stated and strict proof is demanded at trial. COUNT I—Violation of Statute 14. Defendant hereby incorporates herein paragraphs 1-13 by reference thereto as if they were more fully set forth below. 15. 20 P.S. § 2013 speaks for itself. 16. Denied as stated and strict proof is demanded at trial. 2 17. Denied, to the contrary, it is Defendant whose actions have been willful, wanton and outrageous. Lindsay had a medical condition known as Stevens-Johnson syndrome which required substantial and expensive medical treatment and limited her ability to work and provide for herself. Although Plaintiff promised to assist with Lindsay's care and to help her establish a means of providing for herself he never paid Lindsay's medical bills or assisted with her education expenses. In fact, while Lindsay was still a minor, she required medical treatment and incurred medical expenses in excess of $20,000.00 which Defendant and Plaintiff, as her natural parents and legal guardians, were equally obligated to pay. Although Plaintiff promised to pay half of such expenses, he failed to contribute any money. Furthermore, the portion of the personal injury settlement funds given to Defendant by Lindsay were entirely exhausted by Lindsay's medical expenses and the expenses of her funeral and burial. WHEREFORE, Defendant Lori A. Lewis respectfully requests judgment in her favor and that this Honorable Court enter an Order dismissing Plaintiff Richard A. Estacio's Complaint and requiring Plaintiff to reimburse Defendant for her attorney's fees and costs associated with defending this action. COUNT II—Conversion 18. Defendant hereby incorporates herein paragraphs 1-16 by reference thereto as if they were more fully set forth below. 19. Denied as stated and strict proof is demanded at trial. 20. Denied, to the contrary, it is Defendant whose actions have been willful, wanton and outrageous. Lindsay had a medical condition known as Stevens-Johnson syndrome which required substantial and expensive medical treatment and limited her ability to work and provide for herself. Although Plaintiff promised to assist with Lindsay's care and to help her establish a means of providing for herself he never paid Lindsay's medical bills or assisted with her education expenses. In fact, while Lindsay was still a minor, she required medical treatment and incurred medical expenses in excess of $20,000.00 which Defendant and Plaintiff, as her natural parents and legal guardians, were equally obligated to pay. Although Plaintiff promised to pay half of such expenses, he failed to contribute any money. Furthermore, the portion of the personal injury settlement funds given to Defendant by Lindsay were entirely exhausted by Lindsay's medical expenses and the expenses of her funeral and burial. WHEREFORE, Defendant Lori A. Lewis respectfully requests judgment in her favor and that this Honorable Court enter an Order dismissing Plaintiff Richard A. Estacio's Complaint and requiring Plaintiff to reimburse Defendant for her attorney's fees and costs associated with defending this action. COUNT III—Breach of Fiduciary Duty 21. Defendant hereby incorporates herein paragraphs 1-20 by reference thereto as if they were more fully set forth below. 22. Denied as stated. Defendant advanced her own funds for Lindsay's medical treatment and care. Any funds transferred from Lindsay to Defendant were given to Defendant and put in accounts under Defendant's name alone with the intention that such funds would reimburse Defendant for past medical expenses incurred by Lindsay and paid for by Defendant and assist Defendant in covering Lindsay's future living and medical expenses. Such funds were exhausted by Lindsay's medical expenses and the costs of her funeral and burial. 23. Denied as conclusions of law to which no response is required. To the extent a 4 response is deemed to be required, such allegations are specifically denied and strict proof is demanded at trial. 24. Denied as conclusions of law to which no response is required. To the extent a response is deemed to be required, such allegations are specifically denied and strict proof is demanded at trial. 25. Denied, to the contrary, it is Defendant whose actions have been willful, wanton and outrageous. Lindsay had a medical condition known as Stevens-Johnson syndrome which required substantial and expensive medical treatment and limited her ability to work and provide for herself. Although Plaintiff promised to assist with Lindsay's care and to help her establish a means of providing for herself he never paid Lindsay's medical bills or assisted with her education expenses. In fact, while Lindsay was still a minor, she required medical treatment and incurred medical expenses in excess of $20,000.00 which Defendant and Plaintiff, as her natural parents and legal guardians, were equally obligated to pay. Although Plaintiff promised to pay half of such expenses, he failed to contribute any money. Furthermore, the portion of the personal injury settlement funds given to Defendant by Lindsay were entirely exhausted by Lindsay's medical expenses and the expenses of her funeral and burial. WHEREFORE, Defendant Lori A. Lewis respectfully requests judgment in her favor and that this Honorable Court enter an Order dismissing Plaintiff Richard A. Estacio's Complaint and requiring Plaintiff to reimburse Defendant for her attorney's fees and costs associated with defending this action. 5 NEW MATTER 26. Defendant hereby incorporates herein paragraphs 1-25 by reference thereto as if they were more fully set forth below. 27. Defendant did not breach any duty owed to Plaintiff or Lindsay in connection with the events alleged in Plaintiff's Complaint. 28. Plaintiff lacks standing to bring Count III of his Complaint. 29. Plaintiff failed to state a cause of action for which relief may be granted. 30. Plaintiff has failed to state a cause of action or assert any facts in support of his claims for punitive damages. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 David W. Park, Esquire ID #315905 Smigel, Anderson & Sacks, LLP 4431 North Front Street, Third Floor Phone: (717) 234-2401 Fax: (717) 234-3611 6 RICHARD A. ESTACIO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. LORI A. LEWIS, Defendant : NO. 14-4910 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Park, Esquire, associate of LeRoy Smigel, Esquire, counsel for Defendant in the above -captioned matter, do hereby certify that I served a true and correct copy of the foregoing Answer with New Matter on self -represented Plaintiff by email and by placing same in the U.S. Mail, registered mail return -receipt requested, postage paid on November 13, 2014 addressed as follows: Richard A. Estacio, Esquire Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 Rae@ribsonsharps.com By: SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 David W. Park, Esquire ID #315905 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant