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HomeMy WebLinkAbout00-01098 Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 HarrIsburg, Pennsylvania 17108 (717) 237-7119 E-Mail: seg@tlhlaw.com CGU INSURANCE GROUP, SUBROGEE OF PAUL KAUTZ" Jr, AND PATRICIA KAUTZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA NO, aCC:o- I oQI5 ~ TeI\fY) Plaintiffs vs, CIVIL ACTION - LAW P P & L, INC. Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with this Court yoUr defenses or objections to the claims set forth against you, You are warned that if you fall 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, Central Pennsylvania Legal Services 213A N, Front Street Harrisburg, Pennsylvania 17101 (800) 932-0356 NOTICIA LE RAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, listed tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrito e en persona o por obogado y archivar en la corte en fonna escrita SliS defensas 0 sus objectiones a las demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 SliS propiedades 0 ostros derechos importantes para usted, Central Pennsylvania Legal Services 213A N, Front Street Harrisburg, Pennsylvania 17101 (800)932-0356 THOMAS, THOMAS & HAFER LLP By: Stephen Geduldig, Esquire 305 North Front Street Post Office Box 999 Harrisburg, P A 17108-0999 (717) 237-7119 Stephen E. Geduldig, Esquire Attorney J.D. No. 43630 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7119 E-Mail: seg@tthlaw.com CGU INSURANCE GROUP, SUBROGEE OF PAUL KAUTZ., Jr, AND PATRICIA KAUTZ IN THE COURT OF C01\1Jvl:ONPLEAS CUJI.1BERLAND COUNTY, PENNSYL VANIA NO, <1.000 - )oq'i? Cu.u-QT€.flJl,,\ Plaintiffs vs, CNIL ACTION - LAW P P &L, INC. Defendant COMPLAINT 1, Paul Kautz, Jr, and Patricia Kautz are adult individuals residing at 323 Elgin Circle, Mechanicsburg, P A 17055. 2, eGU Insurance Group is an insurance-company with offices located at p,O, Box 8851, Camp Hill, PA 17001, 3. Plaintiff, CGU Insurance Company, by way of payments made by it on behalf of its insureds, Paul Kautz, Jr. and Patricia Kauti has become subrogated to all rights ofrecovery against the Defendant by their insured, 4, Defendant, P P & 1., Inc, is an entity with its principal office located at 2 N. Ninth Street, Allento'WIJ, Pennsylvania 18101. 5. The acts and occurrences hereinafter related took place on two separate occasions on March 22, 1998 and April 17, 1998 when Defendant, P P & L negligently caused or allowed a power surge which resulted and resultant damages to the personal property of the Plaintiffs, 6, In the exercise of due care and caution, Plaintiffs timely notified the Defendant of the fIrst power surge on March 22, 1998, Defendant failed to take any corrective action to prevent the second power surge on April 17, 1998, resulting in additional damages to the personal property of the Plaintiffs, 7. Following the power surge on March 22, 1998, Plaintiffs suffered damages to their personal property in the amount of $2,432,60, A subsequent power surge on April 17, 1998 resulted in additional damages to the personal property of the Plaintiffs in the amount of $4,890,90, for a total loss to Plaintiffs in the amount of $9,768,97, 8. Plaintiffs did not misuse or abuse the products damaged, WHEREFORE, the amount in controversy not exceeding mandatory arbitration limits, Plaintiff hereby request that this case be mandated to arbitration, Respectfully submitted, THOMAS, THOMAS & HAFER LLP By: Stephen E. Geduldig, Esq Attorneys for Plaintiff Feb, 24, 2000 8:57AM CGU Ins. libg, Pa. 17011 No. 5043 p, 2/3 VERIFICATION I, Trudi Noppenberger, on behalf of CGU Insurance Group verify that the foregoing action and that the attached document is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of this lawsuit. The language of the document is that of counsel and is not mine, I have read the document, and to the extent that it is based upon information which I have given to my counsel, n: is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C,S, ~4904 relating to unsworn falsifications made to authorities, Date: "2-(2,dfP , ~.~/ TRUDINOPPENBERGER .:'c>;-- () ~--_.. >- co 0- '2 >- 0 (1).. .~. ~f U'O t- :z: \() :::J \[) 0- G) o~ ('f) >--- - C:._ 02: 0- ._ ~:t. If) r- oo '__'::::J ~' CO _0.,..- -:t ~ ('J ::) ..lj i'J ..... . Z If" ro 'LZ :ifj "" L..~ lU - ,-r,JlU '-'- .::_0- LL C~ ~= q :::> c:> 0 .-- . . - . '" :_-- - - .. - - "~~._"----- - - =.----~~~~~=---- ..----,-~. f" ~ ~ ... -0 s w "' "i '" .. ... OJ '" ~ - ... '" ~ Z '" 0 ~ 0: " ... ~ 0 ~ ~ ~ m E ... 0 ~ '" 0 '" .; ~ z ~ OJ 0 E M ... ~ - . <D o '" to " 0: :> <D OJ ir 0: ~ ~ . PETERS & W ASILEFSKI By: Charles E. WasiJefski Attorney ill #21027 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Defendant, PPL Electric Utilities Corporation CGU INSURANCE GROUP SUBROGEE OF PAUL KAUTZ, JR, and PATRICIA KAUTZ Plaintiffs IN THE COURT OF COMMON PLEAS ,FOR CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 1098 Civil Term PP&L, INe. CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: PLAINTIFFS AND THEIR COUNSEL YOU ARE REQUIRED to plead to the within Answer with New Matter within twenty (20) days of service hereof, or a default judgment may be entered against you, PETERS & W ASILEFSKI Dated: I~ rC/J-D 0'0 &0 Q"d CHARLES E. W ASILEFSKI Attorney ID #21027 2931 North Front Street Harrisburg, PA 17110 [717] 23R-7555 Attorney for PPL PETERS & W ASILEFSKI By: Charles E. Wasilefski Attorney ill #21027 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Defendant, PPL Electric Utilities Corporation CGU INSURANCE GROUP SUBROGEE OF PAUL KAUTZ, JR. and PATRICIA KAUTZ Plaintiffs IN THE COURT OF COMMON PLEAS FOR CUMBEJ.U,AND COUNTY, PENNSYLVANIA : v. NO. 2000 - 1098 Civil Term PP&L, INC. CIVIL ACTION - LAW Defendant ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT NOW COMES, Defendant, PPL Electric Untilities Corporation flkla PP&L, Inc, ("PPL"), by and tlrrough its attorneys, Peters & W<lsilefski, and answers Plaintiffs' Complaint as follows: 1. Defendant, PPL, denies the allegations contained in Paragraph 1 of Plaintiffs' Complaint, After reasonable investigation, Defendant, PPL, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, PPL, denies said allegations pursuant to Pa, R.C.P. 1029(e), 2, Defendant, PPL, denies the allegations contained in Paragraph 2 of Plaintiffs' Complaint, After reasoilllble investigation, Defendant, PPL, is without knowledge or information sufficient to fonrt a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, PPL, denies said allegations pursuant to Pa, R.C,P, 1029(e), 3. Defendant, PPL, denies the allegations contained in Paragraph 3 of Plaintiffs' Complaint. After reasonable investigation, Defendant, PPL, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, PPL, denies said allegations pursuant to Pa, R,C,P. 1029(e), 4, Defendant, PPL, admits the allegations contained in Paragraph 4 of Plaintiffs' Complaint. However, Plaintiff lias erroneously used the name PP&L,Inc, As of February 14, 2000, the entity formerly known as PP&L, Inc, is now PPL Electric Utilities Corporation:: 5. Defendant, PPL, denies the allegations contained in Paragraph 5 of Plaintiffs' Complaint. Said Defendant is advised and therefore avers that some of the allegations contained in Paragraph 5 are conclusions of law and no further answer is required, To the extent tha.t an~ answer is necessary, Defendant, PPL, specifically denies that any incident involving a power surge from PPL facilities occurred on either March 22, 1998 or April 17, 1998. To the contrary, if an incident occurred on each of said dates, said incident was not caused nor did it come from Defendant, 2 PPL, facilities, In further answer, it is specifically denied that Defendant, PPL, was in any way negligent in causing or allowing a power surge to occur. To the contrary, Defendant, PPI.:, pursuant to its tariff, was not under any dilty -to 'Plaintiff to protect Plaintiffs' property from the effects of the natural phenomenon known as a power surge, PlaintiffS were obligated to protect their own property from a power surge, In further answer, Defendant, PPL, acted in a careful and prudent manner in providing electrical service to Plaintiffs in accordance with its tariff, Further, no act or failure to act on behalf of Defendant, PPL, caused Qr contributed to Plaintiffs' alleged damages. In further answer, Defendant, PPL, denies the said allegations pursuant to Pa, R,C,P, 1029(e), 6. Defendant, PPL, admits in part and denies in part the allegations contained in Paragraph 6 of Plaintiff s Complaint, It is admitted that Plaintiffs contacted Defendant, PPL, sometime after the alleged March 22, 1998 incident. It is denied, however, that Defendant, PPL, did nothing in response to Plaintiffs communication to Defendant, PPL. To the contrary, Defendant, PPL, performed various tests on its facilities to assure that there was nothing wrong with the PPL facilities servicing Plaintiffs property. The test results revealed that there was no problems with Defendant, PPL, facilities, If any damage occurred to Plaintiffs 3 property, it was not the result of anything related to the facilities of Defendant, PPL. In further answer, Defendant, PPL, denies said allegations pursuant to Pa, R,C,P, 1029(e), 7, Defendant, PPL, denies the allegations contained in Paragraph 7 of Plaintiffs' Complaint. It is specifically denied that there was a power surge or that any damage occurred to any of Plaintiffs' property as a result of any condition on Defendant, PPL's, facilities for which Defendant, PPL, had a duty to protect Plaintiffs, With regard to the alleged damages, Defendant, PPL, after reasonable investigation, is without knowledge or informatioIl sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, PPL, denies said allegations pursuant to Pa, R,C.P. 1029(e), 8, Defendant, PPL, denies the allegations contained in Paragraph 8 of Plaintiffs' Complaint, After reasonable investigation, Defendant, PPL, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial, In further answer, Defendant, PPL, denies said allegations pursuant to Pa, R,C.P. 1029(e), WHEREFORE, Defendant, PPL, demands that Plaintiffs' Complaint be dismissed. 4 . NEW MATTER 9. Defendant, PPL, provides electrical service pursuant to its tariff with the Pennsylvania Public Utility Commission. 10. PUrsuant to the PUC tariff, Defendant, PPL, has no duty to protect Plaintiffs' property from the effects of the natural phenomena of power surges. Plaintiffs have the duty to protect their own property from this phenomena. 11. Plaintiffs alleged damages are as a direct and proximate result of Plaintiffs own negligence in that their electrical service entrance equipment was defective and did not provide appropriate protection for the Plaintiffs electrical system and electrical equipment attached to said electrical system and/or failed to properly maintain their own electrical equipment resulting in damage to their property under the facts and circumstances of this case. 12. Plaintiffs' alleged claim for damages is barred in whole or in part by the Comparative Negligence Act. 13. Plaintiffs' claim for damages is barred because Plaintiffs assumed the risk of damages by not providing appropriate equipment on its property to prevent events that allegedly occurred that are similar to that which occurred in this matter. 14. Plaintiff's alleged damages occurred as a result of an act of God 5 and not as a result of any act or failure to act on behalf of Defendant, PPL. WHEREFORE, Defendant, PPL, demands that Plaintiffs' Complaint be dismissed. PETERS & W ASILEFSKI B~~cJ Charles E. Wasilefski, Esquire Attorney #21027 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorneys for Defendant, PPL Dated: March 16, 2000 6 VERI FICA TION I, Joel E. Compton hereby state that I am a Senior Claims Coordinator for PPL Electric Utilities Corporation, flk/a PP&L, Inc. (PPL), Defendant herein and am authorized to execute this Verification on its behalf. The attached Answer with New Matter to Plaintiffs' Complaint is based upon information which PPL has furnished to its counsel, and information which has been gathered by counsel in the preparation of the defense of the lawsuit. I have read the Answer and to the extent that the Answer is based upon information which personnel of PPL have given to its counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer is that of counsel, I have relied upon counsel in executing this Verification. It is further understood that all statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ...J//tf,ltJO' OGU Insuranee v.PPL #2000-1-099 Civil - CUmberland Co, CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this \ \. day o~",,\...... , 2000 served a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT upon all parties by depositing same in the United States mail, frrst class, postage prepaid, addressed to the counsel of record as follows: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street Post Office Box 999 Harrisburg, PA 17108 ~~~~ Pamela J. Crum >- cs ~ U.l~"? eM"," rr~~ C,:':: ) ., i.:~ tfi .-.)~ L: ~~j ~.:: '"'- We c> c:; j:::: ;},,-l' , , (-) ~ -3 c.. C)~ .~ ~J .r.... 1..'-: ;--: ;,l..l ::1- c::> <C,J <"< ~- ;:- C:J o :5 u i2 ~ 2 ~~~E~ W~~.~ ..J 9 (J) ~ m (jj<(.~~~ 5~!" ~u~~E dS~~J~ ~ d ~ ~ ;; W 2 Cll < f- ~ 1'/ ~ I- W ~ I n. -l: SHERIFF'S RETURN - OUT OF COUNTY "~"""''''-<.''; CASE NO: 2000-01098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CGU INSURANCE GROUP ET AL VS P P & L INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: P P & L INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania, to serve the within COMPLAINT & NOTICE 21st , 2000 , this office was in receipt of the On March attached return from LEBIGH Sheriff's Costs: Docketing Out of County Surcharge DEP. LEHIGH CO 18.00 9.00 10.00 30.00 .00 67.00 03/21/2000 .THOMAS, THOMAS S~_~ R. 'Thomas Kl ine Sheriff of Cumberland County & HAFER Sworn and subscribed to before me this . a....- I, .....- day of aLl" 'f! I ;) fl"1n) A.D. l}'r' P~th~;(Y{~--- ~. -Ia The Court of Common Pleas of Cumberland County, Pennsylvania . .- -- - - ~- ~ - .. CGU Insurance Group, et. aI. VS. . '1 '. ......... p P & L, Inc. No. 20-1098 Civil Now, .3/2/ ,20.QfL, I, SHERIFF.OF CUJ\1BERLAND COUNTY, PA, do hereby deputize the Sheriff of. Lehigh. County to execute this Writ, this deputation being made at the request and dsk of the Plaintiff. ~~4f Sheriff of Cumbefland County,. P A Affidavit of Service . Now, ., "20--, at o'clock M. served the within upon at by handing to copy of the onginal a and made mown to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this . day of ___,20 - .- COSTS SERVICE . MILEAGE AFFIDAVIT $ $ b ~ ~~ 8 ~ ~ ~ ~N ~ <::::L~ r ~~':.D ...., i'~~ . ,:.C 10 -' . <;') COP~ ~'.\ <;. _ I ._ ,i\ -0 .,-0 ":::.:,:.:V,~: !' , " . .. '--'~ SHEI=<IFF OFFICE CI=:HIGR COUNTY COURTHoUSE 455 W HAMILTON ST ROOM 10t,-ALLENTOWI\1 PA 18'101'-'lE.IQ, ~., -.. , CGU INSURANCE GROUP VS P P & L, II\IC" DOC#: 2000-CV-0685 : CASE:: 2000-NC-0555 EXPIR, 29-Ma,-2000 DEPOSIT, 30.00 WRIT , COMPLAINT IN CIVIL ACTION 2000-1098 (CUMBERLI';KiD cOUl'4tYl SERVE' P P 8< L. I NC . .. ~~---~-=~~.:_~~~~:~.:_~===~~~~~~-~~-~~~~~~-~------_.-:---~._-----~~-P-A--~-D--.--- RETURN OF.. SERV I CE 1. NAME OF INDIVIDUAL SERVED, - P:\ ~'" ~M1L \,0. '!)\.QS- __ \.....lii.~a.\ __~!:.C. 20_~u_ TII1E ,_ \ 'l.2. 5~~ ()--.... ___._ '1.. IN, ~~~ ~, ~-'\_~-\-~W \'- 2. REU\j I OI\lSH I P TO DEFENDANT, 3. DATE: "b-Ie,-'LOOO HOURS: 4. LOCATION OF SERVICE, -' e UNABLE' TO LOCATE: ,~.l .. ( ) NUMBEF( OF ATTEMPTS TO I_OCATE DEFENDANT AT LAST 1<1\10WN ADDRESS, 1 . DATE & T It1E 2. _DATE & TIME '---- ..,. D{-\TE & TIME <I. DATE & TIME '-' .. 5~ D?'\TE & TII1E 6. DATE & TIME ACCEPTANCE OF SERV!CE I HEREBY ACCEPT SERVICE OF THE: LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACC-E:l-'TE"'t1 ON BEHALF OF THE LISTED DEFENDANT (S) AND I I-IEREB-r-CERTIFY THAT I AI1 AUTHORIZEb -TO DO SO" PRINTED NAME OF AUTHORIZED AGENT SIGI\1ATURE OF AUTHORIZED AGENT DATE, Tl\V1EL SO SWORN AND SUBSCRIBED BEFORE /~~ NOTARIAL SEAL SUSAN J. SEDORA, NOTARY PUBliC CITY OF ALLENTOWN, LEHIGH COUNTY, PA MY COMMISSION EXPIRES JUNC 25th. 2001 , " Paul J. Hennessy, Esquire O'Brien & Hennessy 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff CGU Insurance Group 'Subrogee of Paul Kautz, Jr. and Patricia Kautz : In The Court of Common Pleas : Cumberland County, Pennsylvania vs. : Civil Action Law P.P.L., Inc. : No: 2000-1098 Civil Term Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance as counsel for the Plaintiff in the above captioned case. {J !~ j) I de) hen E. Geduldig, Esqui Thomas, Thomas & Hafer Entrv of Appearance lease enter my appearance as counsel for the Plaintiff in the above captioned case. hank you. 0 0 0 C D " ~:: ~ .-; -OC':i ~ ;:\1;2 n"l[\ '''.' ]-n Z:T. "" Zt;:. -~o 0?~:',. ~:jQ, ~Cl - .. "'" ;,"'--:;.:n :r>C' ::;:: ;".,;;,("") z...t 8m >~ 'P. ~ z: U1 :b =< - -< "-.- . -< PETERS & W ASILEFSKI By: Charles E. Wasilefski Attorney ID #21027 2931 North Front Street Harrisburg, P A 1711 0 [717J 238-7555 Attorney for Defendant, PPL Electric Utilities Corporation CGU INSURA,~CE GROlJP SUBROGEE OF PAUL KAUTZ, JR. and PATRICIA KAUTZ Plaintiffs v. PP&L, INC. Defendant '.~ IN THE COlJRT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 1098 Civil Term CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA: Please mark this matter settled, ended and discontinued. Dated: 7117/01 O'BRIEN & HENNESSEY GROUP By: Paul J. He e Attorney I 11 Suite 2 142 West Market Street West Chester, PA 19382 "'--- . ... "'--" , .. CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this \, day of ~~ , 2QOlserved a true and "'- correct copy of the PRAECIPE upon all parties by depositing same in the United States mail, ftrst class, postage prepaid, addressed to the counsel of record as follows: Paul J. 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