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Home My WebLink About13-6622 Supreme C011agiennsylvania COUr df COinm fleas For Prothonotary Use Only: CI iI�COYet-Sheet Docket No: Cumbev rland County a'? The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 El Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E__ C Lead Plaintiff's Name: Lead Defendant's Name: Stacey M. Foltz Morgan A. Kutz T Dollar Amount Requested: 0within arbitration limits I Are money damages requested? 13 Yes 0 No (check one) 12 outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes 13 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Christopher J. Marzzacco, Esquire 0 Check here if you 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. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS O Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment El Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C ', 0 Other: 0 Employment Dispute:Other ❑ Zoning Board T 0 Other: I 0 Other: f MASS TORT 0 Asbestos N ❑ Tobacco O Toxic Tort-DES O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment O Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations O Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto O Dental 0 Partition 0 Replevin O Legal 0 Quiet Title 0 Other: O Medical 0 Other: O Other Professional: Updated 1/1/2011 ANAPOL SCHWARTZ 1" 716 BY: CHRISTOPHER J.MARZZACCO,ESQUIRE fr ti∎ I.D.#78262 y 8 Alf , 252 Boas Street uE r3'f r 7 Harrisburg,PA 17102 R /4"D , , (717)901-3500 � ENNS YLV�N�UF�I +' fax(717)909-0300 cmarzzacco@anapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. FOLTZ, • Plaintiff ) .f r l iu/ • No: • v. • CIVIL ACTION - LAW MORGAN A. KUTZ and HARVEY J. : KUTZ, JURY TRIAL DEMANDED • Defendants NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 al C 1(4 570 G?616, R4' d,Yo7y- ANAPOL SCHWARTZ 1}, BY: CHRISTOPHER J.MARZZACCO,ESQUIRE f �,` I.D.#78262 252 Boas Street � �� ffiL �1D COUNTY Harrisburg,PA 17102 PENNSYLVANIA (717)901-3500 fax(717)909-0300 cmarzzacco@anapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. FOLTZ, Plaintiff • No: v. • CIVIL ACTION - LAW MORGAN A. KUTZ and HARVEY J. • KUTZ, • JURY TRIAL DEMANDED Defendants • COMPLAINT AND NOW, comes the Plaintiff, Stacey M. Foltz, by and through her attorney, Christopher Marzzacco of Anapol Schwartz, and hereby avers the following in this Complaint against the above-referenced Defendants: 1. Plaintiff, Stacey M. Foltz, is an adult individual currently residing at 28 Hathaway Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Morgan A. Kutz, is an adult individual believed to reside at 70 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Harvey J. Kutz, is an adult individual believed to reside at 421 South York Road, Dillsburg, York County, Pennsylvania. 4. The incident that gives rise to Plaintiff's cause of action occurred on or about October 20, 2012, at approximately 9:25 PM. 5. On the date in question, Plaintiff Stacey M. Foltz, a pedestrian, was struck by a 2002 Ford Taurus with registration number JCG-1763, owned by Defendant Harvey J. Kutz. 6. On the date, and at the approximate time of the collision, Defendant Morgan A. Kutz was operating the aforementioned Ford Taurus,traveling northbound on North York Street in Mechanicsburg, Pennsylvania. 7. It is believed that just before the collusion, Plaintiff began walking eastbound across North York Street toward the American Legion. 8. Southbound vehicles on North York Street had come to a stop to yield the right-of- way to Plaintiff. 9. While operating the aforementioned Ford Taurus, Defendant Morgan A. Kutz, failed to see and yield to Plaintiff, striking her in the middle of North York Street, as she attempted to cross the same. 10. The collision was in no way caused or contributed to by the Plaintiff and was solely caused by the Defendant for the reasons set forth below. COUNT I Stacey M. Foltz v. Morgan A. Kutz NEGLIGENCE 12. Paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 13. The negligence and carelessness of Defendant Morgan A. Kutz, consisted of the following: a. She operated her vehicle at an excessive rate of speed under the circumstances; b. She failed to keep a reasonable lookout for pedestrians lawfully crossing the roadway; c. She failed to use and/or apply the braking mechanism, or take any other reasonable steps to avoid striking Plaintiff as Plaintiff crossed the road; d. She failed to have her vehicle under proper and adequate control under the circumstances; e. She failed to operate her vehicle in a reasonable manner under the circumstances according to conditions of the roadway and then-existing traffic and pedestrian conditions; g. She operated her vehicle at such a speed and in such a manner so as to create a dangerous situation for pedestrians crossing the roadway; h. She failed to drive at such a speed and in such a manner so as to be able to stop her vehicle within the assured clear distance ahead, which is a violation of 75 Pa.C.S. Section 3361, and constitutes negligence per se; i. She operated the vehicle in an inattentive or inappropriate manner, in careless disregard for the safety of persons or property, which is a violation of 75 Pa.C.S. Section 3714, and constitutes negligence per se; and j. She failed to yield the right of way to a pedestrian crossing the roadway. 14. As a direct and proximate result of the accident and Defendant Morgan A. Kutz's negligence, Plaintiff sustained severe and disabling injuries including, but not limited to a right tibial plateau fracture, a right fibular fracture, a laceration to the head and a closed head injury. It is believed, and therefore averred, that Plaintiffs injuries are serious and permanent in nature. 15. As a direct and proximate result of the collision and Defendant Morgan A. Kutz's negligence, Plaintiff has undergone in the past, and will continue to undergo in the future, great pain and suffering. 16. As a direct and proximate result of the injuries sustained in the collision and Defendant Morgan A. Kutz's negligence, Plaintiff has been obliged to expend various sums of money and incur various expenses for injuries Plaintiff has suffered and may continue to incur the same in the future. 17. As a direct and proximate result of the injuries sustained in the collision and Defendant Morgan A. Kutz's negligence, Plaintiff has suffered a permanent diminution of her ability to enjoy life and life's pleasures and losses of past and future wages. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the amount requiring compulsory arbitration. COUNT II Stacey M. Foltz v. Harvey J. Kutz NEGLIGENCENT ENTRUSTMENT 18. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 19. Paragraphs 14 through 17 of Plaintiff's Complaint relating to injuries and damages are incorporated herein by reference and are made a part hereof as if set forth in full. 20. The aforementioned incident and all the injuries and damages set forth herein sustained by Plaintiff are the direct and proximate cause of the negligent and careless conduct of Defendant, Harvey J. Kutz, as follows: a. by entrusting a motor vehicle to an individual he knew or should have known was incapable of operating said motor vehicle in a safe and lawful manner; b. by entrusting a motor vehicle to an individual he knew or should have known was an incompetent and unsafe driver; and c. by entrusting a motor vehicle to an individual without undertaking adequate measures to ensure that said driver was capable of operating said motor vehicle in a safe and lawful manner. 21. The injuries sustained by Plaintiff were a direct and proximate result of the aforesaid negligence of Defendants and were not caused or contributed to by any conduct of the Plaintiff WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, ANAPOL SCHWARTZ Date: it _ 7 ` By: Christopher J. Mar zacco, Esquire I.D. No. 78262 252 Boas Street Harrisburg, PA 17110 cmarzzacco @anapolschwartz.com 717-901-3500 VERIFICATION The undersigned, STACEY M. FOLTZ, verify that the statements made in this document 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. §4904, relating to unsworn falsification to authorities. Respectfully submitted, Dated: 1/ - SAC EY M jott FOLTZ '• O F.\FILES\Clients\3050 Donegal\3050 Current\3050,708\3050.708.prat wpd Revised 11/22/13 0 51P THE PROTH0NJ1, 2313 NOV 22 PM I: 4 1 Daniel K. Deardorff, Esquire CUS �� MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNLVANIA MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STACEY FOLTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-6622 : CIVIL ACTION - LAW MORGAN A. KUTZ AND • HARVEY J. KUTZ, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendants Morgan A. Kutz and Harvey J. Kutz in the above matter. Respectfully Submitted, MARTSON LAW OFFICES By Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: 11 22.1 13 • CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,PA, first class mail, postage prepaid, addressed as follows: Christopher J. Marzzacco, Esquire ANAPOL SCHWARTZ 252 Boas Street Harrisburg, PA 17102 MART: ON LAW OFFICES a By :_,� li IA Ami . um 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: tt z J1_0/3 I F'.\FILES\Clients\3050 Donegal\3050 Current\3050.708\3050 708 ansl.wpd Revised 12/11/13 10 39AM rJEEddaii, ' Daniel K. Deardorff, Esquires; Dfy : 53 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES '-'L°MtBEI-1AND COUNT'7 I.D. 17837 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STACEY FOLTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-6622 : CIVIL ACTION - LAW MORGAN A. KUTZ AND • HARVEY J. KUTZ, Defendants : JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: PLAINTIFF STACEY FOLTZ and her attorney, CHRISTOPHER J. MARZZACCO, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW come Defendants, Morgan A. Kutz and Harvey J. Kutz, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiff's Complaint as follows: 1-6. Admitted. 7. Denied. To the contrary, Plaintiff ran eastbound across North York Street without looking to her right or the direction from which the Defendant driver was coming. 8. Admitted in part and denied in part. It is admitted that the southbound vehicles on North York Street had come to a stop. The reason why they stopped is not within the knowledge of the Defendants after reasonable investigation. Proof thereof is demanded. 9. Denied. It is denied that the Defendant driver failed to yield to the Plaintiff. To the contrary,the accident was a result of the Plaintiff running across the road,failing to look to the right, crossing in a dark area, failing to utilize a crosswalk which was about a block away. 10. Denied. To the contrary, the collision was caused by the Plaintiff in failing to yield to the Defendant's vehicle, failing to look before she ran across the road, crossing in a dark area which was not a crosswalk,and failing to cross at a crosswalk which was about a block away,which is a violation of the Pennsylvania Vehicle Code. COUNT I Stacey M. Foltz v. Morgan A. Kutz NEGLIGENCE 12. Paragraphs 1 through 11 of Defendants'Answer are incorporated herein by reference and made a part thereof as if set forth in full. 13-17. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Proof thereof is demanded. WHEREFORE, Defendants demand judgment in their favor against the Plaintiff. COUNT II Stacey M. Foltz v. Harvey J. Kutz NEGLIGENT ENTRUSTMENT 18. Paragraphs 1 through 18 of Defendants'Answer are incorporated herein by reference and made a part thereof as if set forth in full. 19. Paragraphs 14 through 17 of this Answer are incorporated herein by reference and made a part thereof as if set forth in full. 20. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Proof thereof is demanded. 21. Denied. To the contrary, the collision was caused by the Plaintiff in failing to yield to the Defendant's vehicle, failing to look before she ran across the road, crossing in a dark area which was not a crosswalk,and failing to cross at a crosswalk which was about a block away,which is a violation of the Pennsylvania Vehicle Code. WHEREFORE, Defendants demand judgment in their favor against the Plaintiff. NEW MATTER 22. Paragraphs 1 through 21 of Defendants'Answer are incorporated herein by reference and set forth as New Matter. 23. Just prior to the accident, Plaintiff did not look to her right to see if any traffic was approaching on the lane she was about to run across. 24. Just before the accident, Plaintiff was running across the Defendant's lane of traffic without looking. 25. At the time of the accident, Plaintiff was crossing in an area that was dark and hard to see. 26. At the time of the accident, Plaintiff was not in a crosswalk, although there was a crosswalk about a block away. 27. Because the Plaintiff was not in a crosswalk when she was going across the road and there was a crosswalk in the vicinity, Plaintiff violated Section 3543 of the Pennsylvania Vehicle Code (75 Pa.C.S.A. §3543) and Plaintiff is negligent per se because the Plaintiff failed to yield to Defendant's vehicle. 28. Plaintiff is not entitled to recover damages that were paid for by her first party benefits with her own insurance carrier. 29. Defendants reserve the right to aver other new matter based on the information revealed by discovery which has not yet taken place. WHEREFORE, Defendants demand judgment in their favor against the Plaintiff. Respectfully Submitted, MARTSON LAW OFFICES By 9c4 v` . Daniel K. Deardorf, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: i'dk 11 �� VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge,information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 161 / aeyJ. 'utz F\FILES\Clients\3050 Donegal\3050 Current\3050.708\3050.708.ansl.wpd CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle,PA, first class mail, postage prepaid, addressed as follows: Christopher J. Marzzacco, Esquire ANAPOL SCHWARTZ 252 Boas Street Harrisburg, PA 17102 MARTSON LAW 0 .CES By A 14444't Arm J. Thu a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: (b- 11 � (3 fir" rI0': ANAPOL SCHWARTZ Ti 1) BOY:#782 CHRISTOPHER J. MARZZACCO,ESQUIRE 2013 DEC 27 1o. 1 252 Boas Street C'JMBERLANo CDU Harri Sorg,PA 17102 AENNSyLVANOU TY fax(717)909-0300 cmarzzacco(a_anapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. FOLTZ, Plaintiff No: 13-6622 V. CIVIL ACTION - LAW MORGAN A. KUTZ and HARVEY J. KUTZ, JURY TRIAL DEMANDED Defendants PLAINTIFF'S REPLY TO THE'NEW MATTER OF DEFENDANTS MORGAN A. KUTZ AND HARVEY J. KUTZ AND NOW comes Plaintiff, Stacey Foltz, by and through her counsel, Christopher J. Marzzacco, Esquire, and Anapol Schwartz, PC, and in response to the New Matter of Defendants, Morgan A. Kutz and Harvey J. Kutz, and hereby replies as follows: 22. Paragraph does not require a response. 23. Denied. Plaintiff used caution and crossed the street with caution. 24. Denied. Plaintiff used caution and crossed the street with caution. 25. Neither admitted nor denied as after reasonable investigation, Plaintiff does not have sufficient information at this time to answer the averment. 26. Neither admitted nor denied as after reasonable investigation, Plaintiff does not have sufficient information at this time to answer the averment. 27. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. 28. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. 29. Paragraph does not require a response. WHEREFORE, Plaintiff, Stacy Foltz, demands judgment against Defendants in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, ANAPOL SCHWARTZ, P.C. K `1 Date: (Z Z °r By: -C:::� Christopher J. Marzzacco, Esquire I.D.No. 78262 252 Boas Street Harrisburg, PA 17102 (717) 901-3500 Attorney for Plaintiff ANAPOL SCHWARTZ BY: CHRISTOPHER J. MARZZACCO,ESQUIRE I.D. #78262 252 Boas Street Harrisburg, PA 17102 (717)901-3500 fax(717)909-0300 cmarzzacco(a),anapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. FOLTZ, Plaintiff No: 13-6622 V. CIVIL ACTION - LAW MORGAN A. KUTZ and HARVEY J. KUTZ, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher J. Marzzacco, Esquire, hereby certify that I am this 10 day of 2013, serving a copy of the foregoing document, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first-class US mail delivery, to: Daniel K. Deardorff, Esquire Martson Law Offices Ten East High St. Carlisle, PA 17013 Respectfully submitted, ANAPOL SCHWARTZ Date: Christopher J. Marzzacco, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,,��t,, Jody S Smith ' „ r Chief Deputy 13 07.1; 23 H G . .� Richard W Stewart -,E �; �^. t. ± 44 ~F 1€ J�Ic:��ll rt(aJ Solicitor .�, � � r F E WN S Y LVA N I A Stacey M Foltz Case Number vs. Morgan A Kutz(et al.) 2013-6622 SHERIFF'S RETURN OF SERVICE 11/12/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Harvey J Kutz, but was unable to locate.theQefendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 11/20/2013 The requested Complaint& Notice served by the Sheriff of York County upon Harvey J Kutz, personally, at 421 South York Road, Dillsburg, PA 17019. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 11/21/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Morgan A Kutz, but was unalale-to-locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 70 Emlyn Lane, Upper Allen, Mechanicsburg, PA 17055. Defendant's were advised by defendant's mother who resides at this address that the defendant now lives at 421 S. York Road, Dillsburg, PA which is located in York County. This office did notify attorney's office of this and the attorney's office was to send check to deputize York county for service, but as of December 5, 2013 a check was not been received for service. SHERIFF COST: $64.76 SO ANSWERS, December 19, 2013 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY A Richard P Keuerleber PETER J. MANGAN, ES Sheriff Solic► Reuben B Zeager Richard E Rice Chief Deputy, Operations Chief Deputy,Administrate STACEY M. FOLTZ Case Number vs. MORGAN A. KUTZ(et al.) 13-6622 CIVIL SHERIFF'S RETURN OF SERVICE 11/20/2013 04:45 PM - DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: HARVEY J. KUTZAT 421 SOUTH YORK ROAD, DILLSBURG, PA 17019. 0 CIO C CKAR , DEPUTY SHERIFF COST: $45.60 SO RS, px� December 17, 2013 RICHARD P K ERLEBER, SHERIFF �'OMMONWEAi I H OF PENNSYLVANIA Notarial seat Sheila E.Cook,Notary Public'isty of York,;fork County —_� riy Ccr?�mission Expires Feb. 1,2017 TIC;OF NOTAWES NOTARY Affirmed and subscribed to before me this 17TH day of DECEMBER 2013 F:\FILES\Clients\3050 Donegal\3050 Current \3050.708\3050.708,stipulationl.wpd Revised: 5/14/14 3441'M Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS 0 MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants PRO +H -ONO 2R JUN HAti l 1: TTO GILROY & FALLER CUMBERLAND NUN i PENNSYLVANIA STACEY FOLTZ, Plaintiff v. MORGAN A. KUTZ AND HARVEY J. KUTZ, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-6622 CIVIL ACTION - LAW : JURY TRIAL DEMANDED STIPULATION OF THE PARTIES AND NOW, this >I day of m _ `^i hereby agree that Defendant Harvey J. Kutz can be dismissed from this case. The parties sign this Stipulation intending to be legally bound thereby. , 2014, the parties, by their attorneys, MARTSON LAW OFFICES By Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: 2G/1f ANAPOL SCHWART By Christopher J. 1larzzacco, Esquire 4807 Jonestown Road Olde Liberty Square, Suite 148 Harrisburg, PA 17109 (717) 901-3500 Attorneys for Plaintiff Date: S— 2/ /11