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HomeMy WebLinkAbout01-1323 FX L.. ,-, '.~ 'W PATRICIAS. KISTLER , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW NO. tJ/, /3.;1.J &;J TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED NOTICE TO: Timothy A. Lutz 99 Old State Road Gardners, P A 17324 TO: Chad E. Failor 277 Ridge Valley Road Carlisle,PA 17013 TO: John E. Failor 277 Ridge Valley Road Carlisle,PA 17013 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249-3166 1-800-990-9108 Document #191586 '~ "~'~'~~ c PATRICIAS. KISTLER , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED NOTICIA TO: Timothy A. Lutz 99 Old State Road Gardners, P A 17324 TO: Chad E. Failor 277 Ridge Valley Road Carlisle,PA 17013 TO: John E. Failor 277 Ridge Valley Road Carlisle,PA 17013 USTED HA smo DEMANDADO/AEN CORTE. Si usted desea defenderse de las demandas que se presentanmas adelante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A visa radicando personalmente 0 por medio de un abogado una comparecenciaescrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anterionnente, el caso puede proceder sin usted y un faHo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAMEO V AYAA LA SIGUlENTE OFICINA PARA A VERIGUARDONDEPUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249-3166 1-800-990-9 I 08 Document #191586 "~ , ",' -'~w PATRICIAS. KISTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED CIVIL COMPLAINT 1. The Plaintiff, Patricia S. Kistler, is an adult individual residing at 4 Lakeside Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant, Timothy A. Lutz, is an adult individual residing at 99 Old State Road, Gardners, Adams County, Pennsylvania, 17324. 3. Defendant, Chad E. Failor, is an adult individual residing at 277 Ridge Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Defendant, John E. Failor, is an adult individual residing at 277 Ridge Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013. 5. On March 8, 1999, Plaintiff, Patricia S. Kistler was the owner of a 1991 Jeep Cherokee with Pennsylvania registration plate number BNZ8353. 6. On March 8, 1999, Defendant, Timothy A. Lutz, was the operator of a 1985 Buick Skyhawk with Pennsylvania registration plate number A VS3023. 7. On March 8, 1999, Defendant, Timothy A. Lutz was operating said vehicle with the consent and permission of its owners, Chad E. and John E. Failor. Document ##191586 ~;k. 8. On March 8, 1999, at approximately 12:50 p.m., Michael W. Kistler was operating Plaintiffs vehicle, with his consent and permission, in a lawful manner north on SR 34 (Carlisle Road), Mt. Holly Springs, Cumberland County, Pennsylvania, while approaching the intersection of SR 34 and SR 3010 (Goodyear Road). 9. At the aforesaid time and date, Defendant, Timothy A. Lutz, operated the vehicle owned by Defendants, Chad E. and John E. Failor, southbound on SR 34 (Carlisle Road). 10. At the aforesaid time and date, Defendant, Timothy A. Lutz, failed to yield the right-of-way to Michael W. Kistler; attempted to make a left turn at the intersection of SR 34 and SR 3010 (Goodyear Road); and collided with the vehicle operated by Michael W. Kistler. COUNT I - NEGLIGENCE Patricia S. Kistler v. Timothv A. Lutz 11. The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 12. The collision occurred solely as the result of the negligence, carelessness, and recklessness of Defendant, Timothy A. Lutz, and was due in no matter to any act, or failure to act, on the part of Plaintiff or Michael W. Kistler. 13. The negligence, carelessness, and recklessness of Defendant, Timothy A. Lutz, consisted of the following: -2- l)ocutnent##191586 - (a) vehicles; (b) collision; (c) ,~ ',~ ''''< " failing to observe the roadway ahead for the presence of oncoming failing to slow or stop the vehicle he was operating so as to avoid a failing to apply the brakes of the vehicle he was operating or take other evasive action to avoid the collision with the vehicle operated by Michael W. Kistler; (d) failing to yield the right-of-way to an oncoming vehicle while in the process of initiating a left turn within an intersection in violation of 75 Pa.C.S.A. ~3322; (e) operating a motor vehicle without the proper [mancial responsibility in violation of 75 Pa. C.S.A. ~3322; (t) driving a motor vehicle on a highway or traffic way of the Commonwealth after the commencement of a suspension of operating privileges in violation of 75 Pa. C.S.A. ~1543; (g) operating a motor vehicle without an official certificate of inspection in violation of 75 Pa. C.S.A. ~4403; (h) 75 Pa. C.S.A. ~7124; (i) G) fraudulently removing the registration plate from a vehicle in violation of operating an unregistered vehicle in violation of 75 Pa.C.S.A. ~1301; failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; Document ##191586 - 3 - i' , "., c "'-"-~_ (k) failing to give warning to Michael W. Kistler of his impending collision with Plaintiff's vehicle; (1) failing to keep the vehicle he was operating under proper and adequate control so as not to expose other users to unreasonable risk of harm; (m) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (n) operating the vehicle without a valid operating license; and (0) operating the vehicle without a valid vehicle registration. 14. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Timothy A. Lutz, Plaintiff, Patricia S. Kistler was forced to incur medical expenses, including medication and medical equipment for the injuries suffered by Michael W. Kistler and Amanda M. Carnell. 15. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Plaintiff, Patricia S. Lutz, sustained property damage in the amount of Twelve Thousand Four Hundred Seventy-four and 00/100 ($12,474.00) Dollars. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, Timothy A. Lutz, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. - 4- Document ##191586 - _I 0" - , t<li I .~""'--, COUNT II - NEGLIGENT ENTRUSTMENT Patricia S. Kistler v. Chad E. Failor 16. The averments of paragraphs 1 through 15 hereof are incorporated herein by reference. 17. At the aforesaid time and place, Defendant, Chad E. Failor, entrusted and permitted Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle. 18. The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, Chad E. Failor, in the following particulars: (a) permitting Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle; (b) allowing Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known the vehicle lacked the necessary and proper registration; and ( c) permitted Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not a safe and competent driver. 19. The negligent acts of Defendant, Timothy A. Lutz, are imputable to Defendant, Chad E. Failor, for his negligent entrustment of the motor vehicle to Defendant, Timothy A. Lutz. - 5- l)ocument##191586 ~~"- ~ ~ L ~ I J " "'-, , 20. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, Chad E. Failor, is liable for the above-mentioned damages and claim is made therefor. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, Chad E. Failor, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. COUNT III - NEGLIGENT ENTRUSTMENT Patricia S. Kistler v. John E. Failor 21. The averments of paragraphs 1 through 20 hereof are incorporated herein by reference. 22. At the aforesaid time and place, Defendant, John E. Failor, entrusted and permitted Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle. 23. The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, John E. Failor, in the following particulars: (a) permitting Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle; -6- Document ##191586 ,.' -. ] , ,'J ~ " , -, , ':"',"""""-,,,,,~,-~~, ~== (b) allowing Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known the vehicle lacked the necessary and proper registration; and (c) permitted Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not a safe and competent driver. 24. The negligent acts of Defendant, Timothy A. Lutz, are imputable to Defendant, John E. Failor, for his negligent entrustment of the motor vehicle to Defendant, Timothy A. Lutz. 25. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, John E. Failor, is liable for the above-mentioned damages and claim is made therefor. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, John E. Failor, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ByL2 ~, Andre W. Norfleet, uire Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: .5 /-;7 /tJ1 I t- -7- Document ##191586 <"'~'. , L . VERIFICATION .'E.~", The undersigned hereby certifies that he is the attorney for Plaintiff, Patricia S. Kistler, and that the facts in the foregoing Civil Complaint are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Civil Complaint are as known to the undersigned as to the client, Patricia S. Kistler, said knowledge being based upon information contained in the file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Dated: 'Z ~/o I Document ##191586 . Norfleet, "'*. '"-..... l' , ""~ ~ ~ " '-IIili""., SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01323 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KISTLER PATRICIA S VS LUTZ TIMOTHY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FAILOR CHAD E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , FAILOR CHAD E NO SUCH ROAD IN CARLISLE AS ABOVE. TRIED 277 RICH VALLEY RD., BUT THERE IS NO SUCH HOUSE NUMBER. Sheriff's Costs: Docketing Service Not Found Return Surcharge 6.00 3.10 5.00 10.00 .00 24.10 So an~rs: .~ R. Thomas Kline Sheriff of Cumberland County METZGER, WICKERSHAM 03/22/2001 Sworn and subscribed to before me this fL.., .2~~ day of~ d?!wl A.D. Q'~L {I /n,{l~/~,,#, Pr t onotary "_""",,,.,i;,j;'I'W~'." ." .J " i 1lIl..lO '".,,~' SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01323 P COMMONWEALTH OF PENNSYLVANIA 1 COUNTY OF CUMBERLAND KISTLER PATRICIA S VS LUTZ TIMOTHY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FAILOR JOHN E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , FAILOR JOHN E NO SUCH ROAD IN CARLISLE AS ABOVE. TRIED RICH VALLEY RD., BUT THERE IS NO SUCH HOUSE NUMBER. Sheriff's Costs: Docketing Service Not Found Return Surcharge 6.00 .00 5.00 10.00 .00 21.00 so~.,.~. __' ~"""'~ R. Tomas Kline:.? Sheriff of Cumberland County METZGER, WICKERSHAM 03/22/2001 Sworn and subscribed to before me this J&~ day of ~ :26-v I A.D. C~/~._Q~J~ Pro ottotary ~--" '~",,~~ , , <, ,-, SHERIFF'S RETURN - REGULAR CASE NO: 2001-01323 P I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KISTLER PATRICIA S VS LUTZ TIMOTHY A ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LUTZ TIMOTHY the ADD'L DEFENDANT, at 1950:00 HOURS, on the 16th day of March 2001 at 99 OLD STATE ROAD GARDNERS, PA 17324 by handing to TIMOTHY A. LUTZ a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Ans;:;~~ 18.00 4.34 .00 10.00 .00 32.34 R. Thomas Kline 03/22/2001 METZGER, WICKERSHAM Sworn and Subscribed to before By: a.- me this .:<.8 - day of ~ ..2-&0/ A.D. Yd' O~#<c dthonotary , \ She ~~r.:~1.i~"""",;~~Ii'ili\!~~~~jg~i1:m!~If'.~!@l'!;''''''-'i'_<:,'';~''''r~!illiLH14~~ -' ~tU::1 ,. ,..-;' [,4'~-,: ,~,;J,F;"f,"J~J~j~;~ll~~ll~",",.,,,._, ""'"";,\~" ,:[fJ:~"ul'_',.-~?".,t,J)~"-;,~.~:~J~,~",,,,_~ ."A,,:,~'..,,-I, r'"" "0_., <_ ~,'^' ~i'''','''';' ,-;0" __, ,. ,0 , .'~ ~"'~ ,-~' ~. ~ '_~'="U"" __,n", '~, ~~,' ,~ ',,1 o' ,'J -~~ .. I , , ~ -" I ,~~ ~ .' ~- ~" '<11' ~~~~ 'c '-'- i>a~ PATRICIAS. KISTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW , < NO. rJl. /3;;>3 tuvvI TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED NOTICE TO: Timothy A. Lutz 99 Old State Road Gardners,PA 17324 TO: Chad E. Failor 277 Ridge Valley Road Carlisle,PA 17013 TO: lohuE. Failor 277 Ridge Valley Road Carlisle,PA 17013 YOU HAVE BEEN SUED IN COURT. If you ",ish 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 th~ 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249-3166 1-800-990-9108 Document #191586 m~~; - -' ,~ ",I . , ; , , i, .,~ ~ _ "'=""""'"'"-,,,,,.,,, PATRICIAS, KISTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED NOTICIA TO: Timothy A. Lutz 99 Old State Road Gardners, P A 17324 TO: Chad E. Failor 277 Ridge Valley Road Carlisle,PA 17013 TO: Jolm E. Failor 277 Ridge Valley Road Carlisle,PA 17013 USTED HA SIDO DEMANDADOIAEN CORTE. Si usted deseadefendersede las demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personahnente 0 por medio de un abogado una comparecenciaescrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie 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 0 cualquier otra reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV ARESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAMEO V AYAA LA SIGUlENTE OFICINA PARA A VERIGUARDONDEPUEDE ENCONTRARASISTENCIALEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249-3166 1-800-990-9108 Document #/91586 -.-- - -' ".~" ~~- ~"" , -"""""~"~ PATRICIAS. KISnER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED CIVIL COMPLAINT I. The Plaintiff, Patricia S. Kistler, is an adult individual residing at 4 Lakeside Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant, Timothy A. Lutz, is an adult individual residing at 99 Old State Road, Gardners, Adams County, Pennsylvania, 17324. 3. Defendant, Chad E.)2'aU,or, is anadulJ indi,~1dual residing at 277 Ridge Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Defendant, John E. Failor, is an adult individual residing at 277 Ridge Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013. 5. On March 8, 1999, Plaintiff, Patricia S. Kistler was the owner of a 1991 Jeep Cherokee with Pennsylvania registration plate number BNZ8353. 6. On March 8, 1999, Defendant, Timothy A. Lutz, was the operator of a 1985 Buick Skyhawk with Pennsylvania registration plate number A VS3023. 7. On March 8, 1999, Defendant, Timothy A. Lutz was operating said vehicle with the consent and permission of its OWI).~rS, Cllil<l ~, 1l11Q. John E. Failor. l)ocul11enl##J9J586 . ,~;,~ "~ I~ _"' - " ' , ~ - ~ ~r--,>_.~,,,,~!.r,,,- .' ~ 8. On March 8, 1999, at approximately 12:50 p.m., Michael W. Kistler was operating Plaintiffs vehicle, with his consent and permission, in a lawful manner north on SR 34 (Carlisle Road), Mt. Holly Springs, Cumberland County, Pennsylvania, while approaching the intersection of SR 34 and SR 3010 (Goodyear Road). 9. At the aforesaid time and date, Defendant, Timothy A. Lutz, operated the vehicle owned by Defendants, Chad E. and John E. Failor, southbound on SR 34 (Carlisle Road). 10. At the aforesaid time and date, Defendant, Timothy A. Lutz, failed to yield the right-of-way to Michael W. Kistler; attempted to make a left turn at the intersection of SR 34 and SR 3010 (Goodyear Road); and collided with the vehicle operated by Michael W. Kistler. COUNT I - NEGLIGENCE Patricia S. Kistler v. Timothv A. Lutz 11. The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 12. The collision occurred solely as the result of the negligence, carelessness, and recklessness of Defendant, Timothy A. Lutz, and was due in no matter to any act, or failure to act, on the part of Plaintiff or Michael W. Kistler. 13. The negligence, carelessness, and recklessness of Defendant, Timothy A. Lutz, consisted of the following: -2, Document ##19/586 .-".-~>' ... ~. '."". ~~~ .. (a) vehicles; (b) collision; (c) .'~ ',,-. J." '- ^~ ""'r......~~-"" . failing to observe the roadway ahead for the presence of oncoming failing to slow or stop the vehicle he was operating so as to avoid a failing to apply the brakes of the vehicle he was operating or take other evasive action to avoid the collision with the vehicle operated by Michael W. Kistler; (d) failing to yield the right-of-way to an oncoming vehicle while in the process of initiating a left turn within an intersection in violation of 75 Pa.C.S.A. ~3322; (e) operating a motor vehicle without the proper financial responsibility in violation of 75 Pa. C.S.A. ~3322; (f) driving a motor vehicle on a highway or traffic way of the Commonwealth after the commencement of a suspension of operating privileges in violation of 75 Pa. C.S.A. ~1543; (g) operating a motor vehicle without an official certificate of inspection in violation of75 Pa. C.S.A. ~4403; (h) 75 Pa. C.S.A. ~7124; (i) (j) fraudulently removing the registration plate from a vehicle in violation of operating an unregistered vehicle in violation of 75 Pa.C.S.A. ~1301; failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; Document ##191586 -3- ~~ . "~ l ,.1 . ~ ."',,,,,"';': (k) failing to give warning to Michael W. Kistler of his impending collision with Plaintiffs vehicle; (I) failing to keep the vehicle he was operating under proper and adequate control so as not to expose other users to unreasonable risk of harm; (m) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (n) operating the vehicle without a valid operating license; and (0) operating the vehicle without a valid vehicle registration. 14. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Timothy A. Lutz, Plaintiff, Patricia S. Kistler was forced to incur medical expenses, including medication and medical equipment for the injuries suffered by Michael W. Kistler and Amanda M. Carnell. 15. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Plaintiff, Patricia S. Lutz, sustained property damage in the amount of Twelve Thousand Four Hundred Seventy-four and 00/100 ($12,474.00) Dollars. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, Timothy A. Lutz , for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. -4- Document ##19/586 -~--~ J L ,. , ,,~.~ !!I>'>:;",-'-""" COUNT II - NEGLIGENT ENTRUSTMENT Patricia S. Kistler v. Chad E. Failor 16. The averments of paragraphs 1 through 15 hereof are incorporated herein by reference. 17. At the aforesaid time and place, Defendant, Chad E. Failor, entrusted and permitted Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle. 18. The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, Chad E. Failor, in the following particulars: (a) permitting Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle; (b) allowing Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known the vehicle lacked the necessary and proper registration; and ( c) permitted Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not a safe and competent driver. 19. The negligent acts of Defendant, Timothy A. Lutz, are imputable to Defendant, Chad E. Failor, for his negligent entrustment of the motor vehicle to Defendant, Timothy A. Lutz. - 5 - Document ##191586 ,"""- ~-........I ,,~ ." ~-"~"'--,,~, 20. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, Chad E. Failor, is liable for the above-mentioned damages and claim is made therefor. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, Chad E. Failor, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest andlor damages for delay and costs of prosecution. COUNT III - NEGLIGENT ENTRUSTMENT Patricia S. Kistler v. John E. Failor 21. The averments of paragraphs 1 through 20 hereof are incorporated herein by reference. 22. At the aforesaid time and place, Defendant, John E. Failor, entrusted and permitted Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle. 23. The accident was caused directly, proximately, andlor substantially by the negligence, carelessness, and recklessness of Defendant, John E. Failor, in the following particulars: (a) permitting Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle; - 6- Document ##/9/586 _",~_ O~ ~>~ J~ I>" _" >~ - ~ '~Itl\'""~ (b) allowing Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known the vehicle lacked the necessary and proper registration; and (c) permitted Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not a safe and competent driver. 24. The negligent acts of Defendant, Timothy A. Lutz, are imputable to Defendant, John E. Failor, for his negligent entrustment of the motor vehicle to Defendant, Timothy A. Lutz. 25. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, John E. Failor, is liable for the above-mentioned damages and claim is made therefor. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, John E. Failor, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ByL2 ~. Andre W. Norfleet, Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~ /1/tJ1 / ' i RUE COPV FROM RECORD In Testimony wnereol, I here unto set my hanO and the seal 01 said COlJrl at Carlisle, PlI. T~~ ~ d~~ ~~~ . , . ~ Prothonotary ,7- l)ocument##191586 "' "_J i ~ .... ,-~ ~l~~'-,>; VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Patricia S. Kistler, and that the facts in the foregoing Civil Complaint are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Civil Complaint are as known to the undersigned as to the client, Patricia S. Kistler, said knowledge being based upon information contained in the file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. 4~. /' - ~. b/ Andrew W. Norfleet, qui Dated: '6 (t. /0 I Document ##/91586 _t~li-BjI:J1LJf!~1il;'Y.~li""Hii1i~lil!~'~~lll':';1~~loi'~i\k:8t>\:;;,,;,""i@;4Jc_j,'''''li,,",,,,--,,-'j';','~i0,,j,,,~..~"j!~,/lfo!i;~iMliiWll '~"_i:!!]:,r~!tlill!iiO_ ~ ~~~--"m~,:",",,~~;, ~~-~l!ilI:m'''''''~' ^~, ~ XI ,~ W r ru'" UI ' ~ ~ [fUll , /'1' o',.p;"Jd \flint." /\j",J c~ ',-1 ,,: \/ ~,'") 1:1 Ii,! 01" B HUH ,A ,.- P J..LN1U'" 'j': ,",-; hH"L~l~; ~:lUt3~HS 3';11 30-3~L:UO ~ ~~'~, ~"""", PATRICIAS. KISTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW < NO. t/l/Jd3 tuJ TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED NOTICE TO: Timothy A. Lutz 99 Old State Road Gardners, P A 17324 TO: Chad E. Failor 277 Ridge Valley Road Carlisle,PA 17013 TO: John E. Failor 277 Ridge Valley Road Carlisle,PA 17013 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{<IlJ)'aays 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249-3166 1-800-990-9108 Document #/9/586 ~,.,. I, "' , ~,' " ~ .,l ~, .....~~ __~__"""'", PATRICIA S. KISTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR, Defendants JURY TRIAL DEMANDED NOTICIA TO: Timothy A. Lutz 99 Old State Road Gardners, P A 17324 TO: Chad E. Failor 277 Ridge Valley Road Carlisle, P A 17013 TO: John E. Failor 277 Ridge Valley Road Carlis1e,PA 17013 USTED HA SIDO DEMANDADOI A EN CORTE. Si usted desea defenderse de 1as demandas que se presentanmas ade1ante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personahnente 0 por medio de un abogado una comparecenciaescrita y radicando en 1a Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted fal1a de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en 1a demanda 0 cualquier otra reclamacionor remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV ARESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAMEO V AYAA LA SIGUlENTE OFICINA PARA A VERIGUARDONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 249-3166 1-800-990-9108 Document #191586 ," '. , ,'l.,"'_o' '~""'--'"'. PATRICIAS. KISTLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. CIVIL ACTION - LAW NO. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E.FAlLOR, Defendants JURY TRIAL DEMANDED CIVIL COMPLAINT 1. The Plaintiff, Patricia S. Kistler, is an adult individual residing at 4 Lakeside Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant, Timothy A. Lutz, is an adult individual residing at 99 Old State Road, Gardners, Adams County, Pennsylvania, 17324. 3. Defendant, Chad E. Failor, is an adult individual residing at 277 Ridge Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Defendant, John E. Failor, is an adult individual residing at 277 Ridge Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013. 5. On March 8, 1999, Plaintiff, Patricia S. Kistler was the owner of a 1991 Jeep Cherokee with Pennsylvania registration plate number BNZ8353. 6. On March 8, 1999, Defendant, Timothy A. Lutz, was the operator of a 1985 Buick Skyhawk with Pennsylvania registration plate number A VS3023. 7. On March 8, 1999, Defendant, Timothy A. Lutz was operating said vehicle with the consent and permission of its owners, Chad E. and John E. Failor. DocumenJ##191586 K1"~ .. I. &~_, ~~" :"-.._-W""M,~ 8. On March 8, 1999, at approximately 12:50 p.m., Michael W. Kistler was operating Plaintiffs vehicle, with his consent and permission, in a lawful manner north on SR 34 (Carlisle Road), Mt. Holly Springs, Cumberland County, Pennsylvania, while approaching the intersection of SR 34 and SR 3010 (Goodyear Road). 9. At the aforesaid time and date, Defendant, Timothy A. Lutz, operated the vehicle owned by Defendants, Chad E. and John E. Failor, southbound on SR 34 (Carlisle Road). 10. At the aforesaid time and date, Defendant, Timothy A. Lutz, failed to yield the right-of-way to Michael W. Kistler; attempted to make a left turn at the intersection of SR 34 and SR 3010 (Goodyear Road); and collided with the vehicle operated by Michael W. Kistler. COUNT I - NEGLIGENCE Patricia S. Kistler v. Timothv A. Lutz 11. The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 12. The collision occurred solely as the result of the negligence, carelessness, and recklessness of Defendant, Timothy A. Lutz, and was due in no matter to any act, or failure to act, on the part of Plaintiff or Michael W. Kistler. 13. The negligence, carelessness, and recklessness of Defendant, Timothy A. Lutz, consisted of the following: -2- Document ##191586 ~~ ~ I I~ -- (a) vehicles; (b) coIlision; (c) ~L - ~ ,",oh""'_,i<'.'J! failing to observe the roadway ahead for the presence of oncoming failing to slow or stop the vehicle he was operating so as to avoid a failing to apply the brakes of the vehicle he was operating or take other evasive action to avoid the collision with the vehicle operated by Michael W. Kistler; (d) failing to yield the right-of-way to an oncoming vehicle while in the process of initiating a left turn within an intersection in violation of 75 Pa.C.S.A. ~3322; (e) operating a motor vehicle without the proper financial responsibility in violation of 75 Pa. C.S.A. ~3322; (t) driving a motor vehicle on a highway or traffic way of the Commonwealth after the commencement of a suspension of operating privileges in violation of 75 Pa. C.S.A. ~1543; (g) operating a motor vehicle without an official certificate of inspection in violation of 75 Pa. C.S.A. ~4403; (h) 75 Pa. C.S.A. ~7124; (i) (j) fraudulently removing the registration plate from a vehicle in violation of operating an unregistered vehicle in violation of 75 Pa.C.S.A. ~1301; failing to maintain adequate control of the vehicle he was operating in order to avoid a coIlision; Document ##/9/586 - 3 - . ~~ I """. _~.__ , ~ .' ,.c.-" ~;i!'k'_"""'it-:>;. (k) failing to give warning to Michael W. Kistler of his impending collision with Plaintiff's vehicle; (I) failing to keep the vehicle he was operating under proper and adequate control so as not to expose other users to unreasonable risk of harm; (m) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (n) operating the vehicle without a valid operating license; and (0) operating the vehicle without a valid vehicle registration. 14. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Timothy A. Lutz, Plaintiff, Patricia S. Kistler was forced to incur medical expenses, including medication and medical equipment for the injuries suffered by Michael W. Kistler and Amanda M. Carnell. 15. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Plaintiff, Patricia S. Lutz, sustained property damage in the amount of Twelve Thousand Four Hundred Seventy-four and 00/100 ($12,474.00) Dollars. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, Timothy A. Lutz , for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. - 4- Document ##191586 ~1 -~'~ , .~ , ~ ~"~~";;r,,e' COUNT II - NEGLIGENT ENTRUSTMENT Patricia S. Kistler v. Chad E. Failor 16. The averments of paragraphs 1 through 15 hereof are incorporated herein by reference. 17. At the aforesaid time and place, Defendant, Chad E. Failor, entrusted and permitted Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle. 18. The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, Chad E. Failor, in the following particulars: (a) permitting Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle; (b) allowing Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known the vehicle lacked the necessary and proper registration; and ( c) permitted Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not a safe and competent driver. 19. The negligent acts of Defendant, Timothy A. Lutz, are imputable to Defendant, Chad E. Failor, for his negligent entrustment of the motor vehicle to Defendant, Timothy A. Lutz. - 5 - Document ##191586 """""-~ - ~L. J, ,,,.I; ~.:.. ,~ .....ll.<~"-.,__;"""-' 20. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, Chad E. Failor, is liaple for the above-mentioned damages and claim is made therefor. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, Chad E. Failor, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. COUNT III - NEGLIGENT ENTRUSTMENT Patricia S. Kistler v. John E. Failor 21. The averments of paragraphs 1 through 20 hereof are incorporated herein by reference. 22. At the aforesaid time and place, Defendant, John E. Failor, entrusted and permitted Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle. 23. The accident was caused directly, proximately, and/or substantially by the negligence, carelessness, and recklessness of Defendant, John E. Failor, in the following particulars: (a) permitting Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not lawfully permitted to operate said motor vehicle; -6- l)ocument##J9/586 . -' '"' lWII" -~~-"-~"~;"","s" . (b) allowing Defendant, Timothy A. Lutz, to operate his vehicle when he knew or should have known the vehicle lacked the necessary and proper registration; and (c) permitted Defendant, Timothy A. Lutz, to use his vehicle when he had actual or constructive knowledge that Defendant, Timothy A. Lutz, was not a safe and competent driver. 24. The negligent acts of Defendant, Timothy A. Lutz, are imputable to Defendant, John E. Failor, for his negligent entrustment of the motor vehicle to Defendant, Timothy A. Lutz. 25. As a direct and proximate result of the aforesaid negligence, recklessness, and carelessness, Defendant, John E. Failor, is liable for the above-mentioned damages and claim is made therefor. WHEREFORE, Plaintiff, Patricia S. Kistler, demands judgment against Defendant, John E. Failor, for the aforesaid damages in an amount within the limits of compulsory arbitration, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ByL2 ~, Andre W. Norfleet, uke Attorney J.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: .5(/-;z,/tJ / - 7- TR~JE COpy FROM RECORD In Te;;tim::mY'#J11fm301, i here unto set my haoO ~n~" the seal, of said Court at C;JJSle. PII, ,hl~_ :5 (lay' of ~ ~/ ~A k'. .~kJ"7J;;/. Protl1flllOtary ~ Document ##/91586 ~ - .......-y. -,;' -~ 'lM",.,'..i~",-""",,,,.,",,,'-: . VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Patricia S. Kistler, and that the facts in the foregoing Civil Complaint are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Civil Complaint are as known to the undersigned as to the client, Patricia S. Kistler, said knowledge being based upon information contained in the file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to I authorities. 4~. '."hY. . ~ Andrew-W. Norfleet, qUi Dated: 'Z /t. /0 / Document ##/9/586 ~~j"ir' x~1!~"~1!bI~f~~~;';'$ig,~.li!cib,l:!ili""'!o;.l''-1'_~",;;!,:~~5lJ~:Mi!iw:~~iHil~lilWil'iltJ'~~~~lil!i~ ~ w ~ ~ ~JLlJ @2) ~,' N'" .._0"", "'I'nu ~ , '''Il'' , i:, 1\ 1/',:)jir';:Jd :1.1~~: \I",,~) " In l!' OT h J~ U..' If B HUH ^+~tnOJ ~:u nd~-,Hi~no ".;/1~3HS 3iL JO ];)i,UO run I 'r.rm!:ll!!fli .ll" ~ , "' "', ".;,1 ~~ , , 'j ,MillillW_1-1;, , PATRICIA S. KISTLER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 01-1323 v. TIMOTHY A, LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR : WRY TRlAL DEMANDED Defendants. PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter judgment by default in favor of the Plaintiff and against Defendant Timothy A. Lutz v for failure of Defendant Timothy A. Lutz to file an Answer to the Complaint. Pursuant to Pa.R.C.P. No. 237, I certify that a copy ofthis Praecipe has been mailed to each other party who has appeared in the action or to that party's Attorney of Record. Pursuant to Pa.R.C.P. No. 237.1, I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe and a copy of the notice is attached. Dated: October 8, 2002 NOW, this 1s4L... day of 2002, JUDGMENT BY DEFAULT is entered in favor of P.C. Plaintiff and against Defendant Timothy A. Lutz. Document #: 242144.1 ,~~~.-~<~ "' ~~ ~-, ,j, "". ' ,-,', a.J~ i ! , PATRICIA S. KISTLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : CIVIL ACTION NO. 01-1323 v. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR : JURY TRIAL DEMANDED Defendants. NOTICE OF ENTRY OF JUDGMENT TO: Timothy A. Lutz, Defendant You are hereby notified that on (}.:::J. /.5; ;;I'Y~:J. ) , a Judgment by Default has been entered against you in the above-captioned case for your failure to file an Answer to the DATE: IO/t~ IO~ Prothonotary ~K. I hereby certifY that the name and address of the proper person(s) to receive this notice is: Mr. Timothy A. Lutz 99 Old State Road Gardners, P A 17324 A: Timothy A. Lutz, Defendidio/a Por este medio se Ie esta notificando que el de del , el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Mr. Timothy A. Lutz 99 Old State Road Gardners, P A 17324 Document #: 242144.1 w "~ , ", ,-"l, , ":"L ,--ii" , -"-"""'.':::'.'!:f" PATRICIA S. KISTLER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 01-1323 v. TIMOTHY A. LUTZ, CHAD E. FAILOR, and JOHN E. FAILOR : JURY TRIAL DEMANDED Defendants. Date of Notice: September 22, 2002 IMPORTANT NOTICE TO: Mr. Timothy A. Lutz 99 Old State Road Gardners, P A 17324 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 249-3166 1-800-990-9108 BY: Document #: 242146.1 'k-- "'. " '-_i, CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of the law fIrm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Praecipe for Entry of Judgment with reference to the foregoing action by United States mail, fIrst class mail, postage prepaid, this 8th day of October, 2002 on the following: Mr. Timothy A. Lutz 99 Old State Road Gardners, P A 17324 Document #: 242144.1 "H"~':;_",,',;,,' "'U~U~~,rt' nit";' ,', ~"- l~~~~i~~.a:~iif'l!-- '''-, ,._".~" H'=, ,_~ U~_ ~-~~j, ~,,~ ~ ~~ ,J ~ll"""""'- .~. 1 .~l,," ~ ....' ..... ' t7') Ql ~ [:l 7G ~ _ '- ~ 8 f~~-0 ~ t ~ pc: ~ ~ r' ~ (") c- .- (~~~ --~--" :=: C'~' ~"-" ~"g :!J .,d ,- 1~0 D c-, -.; o 'q ;',::-j ,-n 'i= .. ,.' ~ ! -;-1 'llI .;~ ~-~ {~~:;JJ (5~~ -,.,/ ::r~ :n -< c.)'l ::~? r;;> ,...., ~ .