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HomeMy WebLinkAbout01-15401742Pp In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Davis Greenhouse, Inc. Defendant Civil Action - In Law ARB I TRAT I ON COMPLAINT 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 the court your defenses or objections to the claims set forth against you. You are WD~qNED 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 ~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C~LN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-910 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Davis Greenhouse, Inc. Defendant Civil Action - In Law No. ARBITRATION COMPLAINT 1. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out of a debt Defendant owes to Plaintiff by virtue of utility service. 2. PPL Electric Utilities Corp. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at 827 Hausman Road, Allentown, PA 18104. 3. Defendant, Davis Greenhouse, Inc., is a Pennsylvania Corporation doing business at 103 Hammond Road, Shippensburg, PA 1725'7. COUNT 1 PPL Electric ~tilities Corp. vs. Inc. Davis Greenhouse 4. At all time relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission. 5. Plaintiff supplied utility service to Inc. Davis Greenhouse. 6. At the present time, Defendant account is in default and has outstanding balance due and owing Plaintiff as reflected on the attached Statement of Accounts which contains information taken directly from Plaintiff,s original business records, and which includes the unpaid balance and all appropriate debits, and credits, and late charges and which is attached hereto and marked Exhibit "A", incorporated herein by reference and made a part hereof. 7. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. 1742PP 8. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 9. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused and continues to refuse to pay Plaintiff. 10. Despite demands upon Defendant for payment by the Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due and owing on said account(s). 11. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: $ 4328.48 Fees: $ 1080.00 Court Costs: $ 45.50 Service Costs: $ 100.00 TOTAL $ 5553.98 Respectfully submitted, DATED: March 9, 2001 Krzyw~ and Associates BY:Antony P. Krzywicki 49/No~ugan Road 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Anthony P. Krzywicki, Attorney for PPL Electric Utilities Corp., verify that the facts, stated in the foregoing pleading, are true and correct to the best of my information and belief and that this verification is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. DATED: March 9, 2001 By: PPL Electric Utilities Corp. 1742Pp STATEMENT OF ACCOUNT Davis Greenhouse, /nc. established the following accounts with PPL Electric Utilities Corp. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 28755-27201 103 Hammond Road Shippenburg, PA 17257 E / / $4328.48 Total Delinquent Balance: $4328.48 1742PP Curtis R. Long Prothonotary TO: Davis Greenhouse, 103 Hammond Road OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Inc. Shippensburg, PA 17257 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs Davis Greenhouse, Inc. Defendant Civil Action - In Law No. 01-1540 CV ARBITRATION NOT I CE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long Prothonotary (XX) Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney I.D. No.23754 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Davis Greenhouse, Inc. Defendant Civil Action - In Law No. 01-1540 CV ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. Inc. Davis Greenhouse Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, Inc. Davis Greenhouse for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 4328.48 Fees: $ 1080.00 Court Costs: $ 45.50 Service Costs: $ 100.00 TOTAL $ 5553.98 together with interest thereon from the date of judgment forward and all costs of this action. 1742PP I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corp., is 827 Hausman Road, Allentown, PA 18104. 2. The true and correct address of the Defendant, Davis Greenhouse, Inc., is 103 Hammond Road, Shippensburg, Cumberland County, PA 17257. DATED: May 9, 2001 Krzyw~nd Associates BY:AnthOny P.~zywicki 49 ~ort~,'Suga~ Road Ne~oop~, 5~ ~ 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - REGULAR CASE'NO: 2001-01540 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS DAVIS GREENHOUSE INC GEP_ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS GREE~iHOUSE INC the DEFENDANT , at 0019:50 HOURS, on the 19th day of March , 2001 at 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to MARK DAVIS a true and attested copy of COMPLAINT & NOTICE IN ARBITRATION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 12 40 00 10 00 00 40 40 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 03/21/2001 KRZYWICKI & ASSOCIATES · Dep-uiy S~iff Prothonotary 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Davis Greenhouse, Inc. Defendant Civil Action - In Law No. 01-1540 CV ARBITRATION NOTICE TO: Davis Greenhouse, Inc. 103 Hammond Road Shippensburg, PA 17257 Date: April 12, 2001 You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 TO 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, PA 17013-3387 (717) 249-3166/(800) 990-9108 Krzywicki and Associates Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 u.s. ,OSTA, SERWCE CERTIFICATE OF MAILING MAY SE USED FOR 0OMESTIC AND INTERNATIONAL MAI,. DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 One piece of ordinary mail addressed to: PS Form 3817, Mar, 1989 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Davis Greenhouse, Inc. Defendant Civil Action - In Law No. 01-1540 CV ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Davis Greenhouse, Inc., in this matter was mailed to the defendant after the default occurred and at least ten days prior to the filing of the praecipe for entry of judgment pursuant to Pa. R.C.P. 237.1. True and correct copies of that notice is attached hereto and made a part of this certification. DATED: May 9, 2001 Krz~ and Associates BY:Antony P~--.~rzywicki 4~ Nor~f Su~n Road Attorney for Plaintiff Attorney I.D. 23754 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs No. 01-1540 CV Davis Greenhouse, Inc. Defendant ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON ss. I, Anthony Po Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., 827 Hausman Road, Allentown, PA 18104, Plaintiff herein, and as such state the following: 1. The defendant, Davis Greenhouse, Inc., is not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The defendant, Davis Greenhouse, Inc., is more than 18 years of age and currently resides at 103 Hammond Road, Shippensburg, PA 17257. 3. I have ascertained the above information by personal investigation and make this affidavit with due authority. Sworn to and subscribed~fore me th~/ 9 ~day ~f May'~20~ MICHELLE PYA'ri' NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JULY 9, 2002 cki COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION PPL Electric Utilities Corp. Plaintiff ( ) Confessed Judgment (XX) Other VS. Davis Greenhouse, Inc. Defendant File No.: 01-1540 CV Amount Due: $5553.98 Interest: $55.54 Atty's Comm: Costs: $ ., TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as'amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All property belonging to Davis Greenhouse, Inc., 103 Hammond Road, Shippensburg, PA PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) _ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ~ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: May 18, 2001 0/ Anthony P.~'ckiJ PO Box 505, NewkH~e, PA 18938 Attorney for Plaintiff 215-862-4390 ID No. 23754 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01540 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS DAVIS GREENHOUSE INC GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS GREENHOUSE INC the DEFENDANT , at 0019:50 HOURS, on the 19th day of March , 20011 at 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to MARK DAVIS a true and attested copy of COMPLAINT & NOTICE IN ARBITRATION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.40 Affidavit .00 Surcharge 10.00 .00 40.40 Sworn and Subscribed to before me this J9~-~ day of ~z~ ~,/ A.D. thonotary/ - . So Answers: R. Thomas Kline 03/21/200 KRZYWICKI & ASSOCIATES ' Dep-ui~ ~iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouses, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL Dated: j To the Prothonotary: Please enter the appearance of Weigle, Perkins & Associates on behalf of the Defendant, Davis Greenhouses, Inc. W(~E, PERKINS &{~SO~iA¢ / ( B~': --t~ //~ ~tire)LJL/~ Je~/~ A. Weigl~, Esqu' y ~ WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT [.AW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 PPL ELECTRIC UTILITIES CORP. V. DAVIS GREENHOUSE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1540 CIVIL ORDER OF COURT AND NOW, this 19TM day of JULY, 2001, upon consideration of the Defendant,s Petition to Open Default Judgment and Stay/Set aside Writ of Execution, IT IS ORDERED AND DIRECTED AS FOLLOWS: (1) A Rule is issued against Plaintiff to Show Cause Why the default judgment should not be opened. (2) Plaintiffs shall file an answer to the motion within twenty (20) days of service. (3) The motion shall be decided under Pa. Rule of Civil Procedure 206.7. (4) (5) Any depositions shall be completed within forty-five (45) days after Respondents'file an answer. Briefs shall be filed in chambers on or before SEPTEF~BER 21, 2001, and argument shall be held in chambers on SEPTEMBER 24, 2001, at 9:00 a.m. Provided, however, that if no answer is filed, either party may list the matter for argument at the next scheduled argument court. (6) Notice of the entry of this order along with a copy of the petition shall be provided to Respondents and all parties by Petitioner. Anthony P. Krzywicki, Esquire Jerry A. Weigle, Esquire :sld Edward E. Guido, Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION ORDER AND NOW, this day of petition, it is hereby ordered that ,2001, upon considermion ofthe a~ached A role is issued upon the Plaintiff/Respondent to show cause why the Defendant/Petitioner is not entitled to the relief requested; The Plaintiff shall file an answer to the petition within twenty (20) days of service upon the Plaintiff; 3. The petition shall be decided under Pa. R.C.P. No. 206.7; All proceedings to be stayed, including the Writ of Execution issued May 23, 2001, pending consideration of this Petition by the Court; Notice of the entry of this order shall be provided to all parties and to the Sheriff of Cumberland County by the Petitioner. BY THE COURT: Anthony P. Krzywicki Attorney for Plaintiff 49 North Sugan Road PO Box 505 New Hope, PA 18938 Jerry A. Weigle Attomey for Defendant Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257 WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION ORDER AND NOW, this day of ,2001, upon consideration of Defendant's Petition to Open Default Judgment and Stay/Set Aside Writ of Execution and Plaintiff's answer thereto, it is hereby ORDERED that the default judgment entered against Defendant is opened and the Writ of Execution issued May 23, 2001 is permanently set aside. BY THE COURT: Anthony P. Krzywicki Attomey for Plaintiff 49 North Sugan Road PO Box 505 New Hope, PA 18938 Jerry A. Weigle Attorney for Defendant Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257 WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT AND STAY/SET ASIDE WRIT OF EXECUTION Defendant, Davis Greenhouse, Inc., by and through its attorneys, Weigle, Perkins & Associates, and Jerry A. Weigle, Esquire, respectfully petitions this Court to open the default judgment entered upon praecipe of Plaintiff, PPL Electric Utilities Corporation, and avers as follows: Plaintiff commenced this action on March 16, 2001, by the filing of a Complaint in order to recover damages from Defendant arising out of a debt Defendant allegedly owes to Plaintiff for electric utility service. A copy of Plaintiffs Complaint is attached as Exhibit "A." On or about March 19, 2001, the Complaint with Notice to Defend was served upon the Defendant. o Mark Davis, the Defendant's President, delivered a copy of the Complaint to Weigle, Perkins & Associates and Jerry A. Weigle, Esquire, during the first week of April, 2001. Mr. Davis neglected to deliver a copy of the Complaint to said attorneys sooner because of the demands of his business and his involvement with other litigation. o Upon delivery of the Complaint to Attorney Weigle, Mr. Davis was instructed to gather the necessary documentation to defend the action and to inform Mr. Weigle of his receipt of a Notice of Intention to Enter Judgment by Default. Mr. Davis attempted to gather the necessary documentation but he was delayed because his father developed complications from surgery which became life threatening. Surgery was perf~rmed during the second week of April. ° Mr. Davis was also fully occupied with the demands of his greenhouse business which happens to be at its busiest during the spring months. 8. The Defendant never received the Notice of Intention to Enter Judgment by Default. WEIGLE, PERKINS ~ ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 9. Default judgment was entered on May 14, 2001. 10. Mr. Davis received the Notice of Entry of the Default Judgment on or about May 18, 2001 and promptly notified Attorney Weigle. 11. Defendant was not specifically advised by counsel that judgment could be entered by the Plaintiff if the Notice of Intention to Enter Judgment by Default was not received by the Defendant. 12. Defendant had no reason to know that a default judgment would be entered without receipt ,of the Notice of Intention to Enter Judgment by Default and that its legal interests would not be protected. 13. Defendant possesses a meritorious defense to Plaintiff's Complaint for the reason that the billing demand by the Plaintiff for electric utility usage by the Defendant is inaccurate due to Plaintiff's mechanical and/or computer problems, as is more fully set forth in Defendant's Proposed Answer to Complaint, attached as Exhibit "B." 14. The Plaintiff filed a Praecipe for Writ of Execution on May 23, 2001, and the writ was issued on said date. WHEREFORE, Defendant, Davis Greenhouse, Inc., respectfully requests that this Honorable Court: 1. Stay the Writ of Execution upon issuance of the Rule to Show Cause; Open the default judgment entered by Plaintiff in the above-captioned matter and permit Defendant to answer the Complaint; and 3. Permanently set aside the Writ of Execution upon opening the default judgment. Respectfully submitted: ///~WEIGLE, PERKINS &~ I/Jerry A)~/eigle, E~quire Attorney I.D. #01624 Joseph P. Ruane, Esquire] Attorney I.D. #71577 Attorneys for Defendant 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 TES WEIGLE, PERKINS ~ ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET SHIPPENSBURG, PA 172S~/-13-cl7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION VERIFICATION I, Mark Davis, state that I am the President of the Davis Greenhouse, Inc., the Defendant herein, that I am authorized to make this affidavit on its behalf and that the facts set forth in the foregoing Defendant's Petition to Open Default Judgment and Stay/Set Aside Writ of Execution are true based upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for unswom falsification to authorities. Dated: WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW 126 EAST KING STREET SHIPPENSE~URG, PA 17257-1397 1742PP In the Court of Common Pleas of CLrMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs Davis Greenhouse, Inc. Defendant Civil Action - In Law No. O'- ARB I TRAT I ON COMPLAINT 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 the court your defenses or objections to the claims set forth against you. You are W~J{NED 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 YO[~R 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 C~%N GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-910  RE~"T COPY. o, Po,-., 1 COPY FROM RE RD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs Davis Greenhouse, Inc. Defendant Civil Action - In Law Jo. LRBITRATION COMPLAINT 1. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out of a debt Defendant owes to Plaintiff by virtue of utility service. 2. PPL Electric Utilities Corp. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at 827 Hausman Road, Allentown, PA 18104. 3. Defendant, Davis Greenhouse, Inc., is a Pennsylvania Corporation doing business' at 103 Hammond Road, Shippensburg, PA 17257. COUNT 1 PPL Electric Utilities Corp. vs. Inc. Davis Greenhouse 4. At all time relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission. 5. Plaintiff supplied utility service to Inc. Davis Greenhouse. 6. At the present time, Defendant account is in default and has outstanding balance due and owing Plaintiff as reflected on the attached Statement of Accounts which contains information taken directly from Plaintiff's original business records, and which includes the unpaid balance and all appropriate debits, and credits, and late charges and which is attached hereto and marked Exhibit "A", incorporated herein by reference and made a part hereof. 7. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. 8. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 9. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused and continues to refuse to pay Plaintiff. 10. Despite demands upon Defendant 'for payment by the Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due and owing on said account(s). 11. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $ 4328.48 $ 1080.00 $ 45.5o $ lO0.00 $ 5553.98 Respectfully submitted, Krzywicki and Associates DATED: March 9, 2001 By: Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Anthony P. Krzywicki, Attorney for PPL Electric Utilities Corp., verify that the facts, stated in the foregoing pleading, are tree and correct to the best of my information and belief and that this verification is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. DATED: March 9, 2001 By: PPL Electric Utilities Corp. Anthony P. Krzywicki 1742PP STATEMENT OF ACCOUNT Davis Greenhouse, Inc. established the following accounts with PPL Electric Utilities Corp. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 28755-27201 E 103 Hammond Road Shippenburg, PA 17257 / / $4328.48 Total Delinquent Balance: $4328.48 EXHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION ANSWER TO COMPLAINT AND NOW comes Davis Greenhouses, Inc., the Defendant in the above-captioned matter, by and through its attorneys, Weigle, Perkins & Associates, and answers the PlaintiWs Complaint as follows: Admitted in part. Denied in part. It is admitted that Defendant owes Plaintiff a sum yet to be determined for electric service provided to the Defendant for the time period February 1999 through June 1999. It is denied that accurate billings for the time period in question were ever prepared and forwarded to the Defendant due to computer probleras of the Plaintiff and strict proof to the contrary is demanded at trial. e Admitted. Admitted Admitted. Admitted. Denied as stated. Plaintiff's records are not accurate due to mechanical and/or computer problems of the Plaintiff during the time period in question. By way of further answer, monthly billings for the period in question were not generated by the Plaintiff nor forwarded to the Defendant due to PlaintiW s mechanical and/or computer problems. When a bill or bills for the period in question were finally generated by the Plaintiff, they were immediately questioned and objected to by the Defendant. WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 Admitted in part. Denied in part. It is admitted that electric utility service was supplied by the Plaintiff to the Defendant for the time period ~n question. It is specifically denied that Plaintiff supplied to the Defendant the amount of electric power for which it was billed and strict proof to the contrary is demanded at trial. 8. Denied as stated. Defendant could not possibly make payment on accurate billings which were never received and has been attempting to negotiate a fair and equitable settlement of this case to date, but to no avail. 9. Admitted in part. Denied in part. It is admitted that demand has been made for an outrageous and inaccurate sum of money for electric usage and that payment of such sum has been refused. By way of further answer, Defendant has attempted to negotiate and pay in full a fair and just amount but to no avail. 10. Denied as stated. Defendant incorporates herein by reference thereto answers to Paragraphs 1 through 9 of the Complaint. 11. Denied. Defendant incorporates herein by reference thereto answers to Paragraphs 1 through 9 of the Complaint. WHEREFORE, the Defendant respectfully prays that this Honorable Court deny the relief sought by the Plaintiff in this action and find in favor of the Defendant and dismiss said action with prejudice ~Io the Plaintiff. Respectfully submitted: WEIGLE, PERKINS & ASSOCI, Joseph P. Ruane, Esquire Attorney I.D. #71577 Attorneys for Defendant 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 ES WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW 126 EAST KING STREET -- SHIPPENSBURG, PA 172574397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff V$ Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION VERIFICA_____TION I, Mark Davis, state that I am the President of the Davis Greenhouses, Inc., the Defendant herein, that I am authorized to make this affidavit on its behalf and that the facts set forth in the foregoing Answer to Complaint are true based upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for unsworn falsification to authorities. WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SRIPPENSBURG, PA 17267-1-=197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION CERTIFICATE OF SERVICE I hereby certify that I am this date serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa R.C.P. 440. SERVICE BY FIRST CLASS MAIL ADDRESS AS FOLLOWS: Anthony P. Krzywicki Attorney for Plaintiff 49 North Sugan Road PO Box 505 New Hope, PA 18938 Date: WEIGLE, PERKINS & ASSOCIATES ~ZttoRRr~ey 5r DY A'N'W'i:~fGeLndEi~nEt squire / I J SpTe 7,_ ,. (717)532-7388 WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW 126 EAST KING STREET SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff VS Davis Greenhouse, Inc., Defendant Civil Acton - In Law No. 01-1540 Civil Term ARBITRATION AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS Rhonda R. Wolford, being duly sworn according to law, deposes and says that on July 24, 2001, a true copy of Order of Court dated July 19, 2001, together with Defendant's Petition to Open Default Judgment and Stay/Set Aside Writ of Execution was served upon the Attomey Anthony P. Krzywicki, attomey for Plaintiff. Manner of service: by mailing the same regular postage paid, at Shippensburg, Pennsylvania, addressed as follows: Anthony P. Krzywicki, Esquire 48 North Sugan Road PO Box 505 New Hope, P,A 1~93f, 13&IONDA R. ~qOLF~'RD Sworn to and subscribed before me this ~day of ~a'' 2001. Notary Public o.~~m Cum~~ ~ ~mm ssbn Expir~ Ju~ 7~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 2.21 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 26.00 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee 112.71 Sworn and Subscribed to before me this .~ ~ day of 2002 A.D. p otl{orfotary Advance Costs: Sheriff's Costs: 150.00 112.71 37.29 Refunded to Atty on 7/3/02 So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or A'I'I'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. COUNTY: PPL Electric Utilities Corp. 01-1540 CIVIL l~JX TERM CIVIL ACTION - LAW PLAINTIFF(S) from Davis Greenhouse, Inc., 103 H~m~ond Road, Shippensburg, PA DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ~l l property belonging t~o Davis Greenhouse, INc., 103 Hammond Road, SHippensbur.q, PA (2) You are also directed to attach the property ot the detendant(s) not levied upon in the possession of ~ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing t he reof; efendant s not levied upon an subject to attachment is found in the possession of anyone other (3) if prop.erty of the d _. . t~(.,_) ...... ,-;--,~,.,r that he/she has been added as a garnishee and ~s enjoined as above than a named garnishee, you are olrec[eo tu Hut.y ~,-, ,~.~. ' ' ' stated. $5553.98 L.L. __~S. 50 $ 55.54 Due Prothy $1.00 Amount Due_ Interest Atty's Corem Atty Paid __ Plaintiff Paid Date: Other Costs Curtis R. Long $112.40 May 23, 2001 Prothonotary, Civil Division REQUESTING PARTY: Name Anthony P. Krzywicki, Esq.__ Address: ~ Mw 505 New Hope, PA 18938 Attorney for: Plaintiff Telephone: 215-862-4390 Supreme Court ID No. 23754 NO. IN T~E COURT OF COMMON ?LF.~S 0F Co~tBERLAND COUNTY , PE.NI~SYLVA~NI~k 01-1540 CIVIL 19 RIFLE 1312-1. The ?e:icion for Appoin=men= of Arbi=ra=ors shall be subszan~:ialiy in ~e following form: P%CT!TIOM FOR AP?OINTM~T OF ARBITRATORS TO T~E HONORABL~, THE JLrOGE$ OF SAID COURT: An~r~ P. Kr~kki . counsel for =he plain:iff/~ in :he above ac:ion (or ac=io~), r~spec=fully represen=s =ha=: I. ~e above-cap=Ioned ac:ion (or ac=ions) is (are) a= issue, 2. ~e claim of =he ~!ain~iff in =ne ac=ion is $ ~-~ ~%e co~:arcla~ of =he defendan= ~n =he ac=io~ is ~'~ ~e following a==o~e7s ara in=eros=ad ~ =he case(s) as counsa! or are o=ker- wise disqualified =o si: as arbi=ra=ors: =~ ~ ~ WHEP. EYORE, your pe=i=ioner grays your Ho=crable Cour: =o appoLn= =brae (3) arb!nra:ors :o whom =he case shall be submi::ed. Respec:ful!y submi::ad, above-cap=ioned ac=iou (or ac=ious) as prayed for. By the Cour:, PP&L ELECTRIC UTILITIES, 1NC. Plaintiff DAVIS GREENHOUSE, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1540 C][VIL  ORDER OF COURT AND NOW, this ~ day of January 2003, in consideration of the attached Motion, the Order of November 18, 2002 appointing arbitrators in the above-referenced case is hereby vacated. Taylor P. Andrews, Esquire, shall be paid $50.00 for his services as Chairman of the Board of Arbitration. BY THE C. OURT: PP&L ELECTRIC UTILITIES, INC. Plaintiff Mo DAVIS GREENHOUSE, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1540 CIVIL MOTION TO VACATE APPOINTMENT OF ARBITRATORS PETITIONER, Taylor P. Andrews, Esquire, appointed Arbitration chair in the above caption case respectfully represents as follows: 1. On or about January 3, 2003 Taylor P. Andrews, Esquire received his appointment as Arbitrator Chair in the above captioned case. 2. Upon review the file Petitioner determined that the case is not ripe for Arbitration in that a judgment previously entered has not yet been opened, and an Answer to the Complaint has not yet been filed. 3. Petitioner corresponded with both counsel of record. A copy of Petitioner's letter January 7, 2003 is attached as Exhibit 1. 4. Both counsel have responded to Petitioner and neither counsel of record have indicated facts that indicate the case is ripe for Arbitration. 5. Petitioner seeks to return the case to Court and to have the appointment of arbitrators vacated. WHEREFORE, Petitioner prays Your Honorable Court to wtcate the Order of November 18, 2002 appointing, Taylor P. Andrews, Esquire, David Galloway, Esquire, Lauralee Baker, Esquire, as appointed arbitrators in the above-referenced case. Furthermore, Petitioner requests the Court to direct payment to the Petitioner for his services as Chairman of this arbitration in the amount of $50. Date: Tayl/7 Andre~, Esquire TAYLOR P. ANDREWS RONALD E. JOHNSON ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013 January 7, 2003 Telephone (717) 243-0123 Telefax (717) 243-0061 Anthony P. Krzywicki, Esquire 49 North Sugan Road PO Box 505 New Hope, PA 18938 Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 PPL Electric Utilitites, Inc. vs. Davis Greenhouse, Inc. No: 01-1540 - Premature appointment of Arbitrators Dear Counsel: I was recently appointed Chair of a Board of Arbitration in the above captioned case. Upon reviewing the file I made a preliminary detenrfination that this case is not ready for arbitration. I have confirmed my preliminary observation with the docket in the Prothontary's office. It seems that there has been a Complaint filed, a Default Judgment and a Motion filed to Open the Default Judgment which generated an Order from Judge Guido issuing a Rule. As best I can determine no Court action has been taken on the Motion to Open the Default Judgment and to set aside a Writ of Execution. Furthermore, there has been no Answer filed to the Complaint, though a proposed Answer was attached to Motion to Open Judgment. I suggest that this case is not yet ripe for Arbitration in its current posture. I would welcome an education from either counsel that would change my thinking. In the absence of such a response I shall remm this file to the Prothonotm3~ at the end of January with a request that my appointment be vacated. Sincerely yours, ANDREWS & JOHNSON TPA:ss Taylor P. Andrews, Esq. EXHIBIT / PP&L ELECTRIC UTILITIES, INC. Plaintiff DAVIS GREENHOUSE, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1540 CIVIL  ORDER OF COURT AND NOW, this __~__ day of January 2003, in consideration of the attached Motion, the Order of November 18, 2002 appointing arbitrators in the above-referenced case is hereby vacated. Taylor P. Andrews, Esquire, shall be paid $50.00 for his services as Chairman of the Board of Arbitration. BY THE COURT: ~N¥'A%SNN3cl COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION PPL Electric Utilities Corp. Plaintiff VS. Davis Greenhouse, Inc. Defendant ( ) (xx) r6te-~.: $5553.98 j~a~tt-4~e: $666.48 Interest: $ Atty's Comm: Costs: $ Confessed Judgment Other OI- I.gqo TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real.property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All property belonging ~o Davis Greenhouse located at 103 Hammond Road, Shippensburg, PA PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) _ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ~l (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~/, Date: April 29, 2003 Ajz~aony _P_. ~i ~tO Bo~, New ~4 18938 ~4~3~ey for Plaintiff 215-862-4390 ID No. 23754 r' R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED AS PER ATTY. Sheriffs Costs: Docketing 18.00 Poundage 1.06 Advertising Law Library Prothonotary 1.00 Mileage 13.80 Misc Surcharge 20.00 Levy Post Pone Sale Garnishee TOTAL $ 53.86 Advance Costs: 150.00 Sheriffs Costs: 53.86 $ 96.14 Refunded to Atty on 06/02/03 Sworn and Subscribed to before me This q~ dayof (,~,,, / 2003 ^.D. ary' So Answers; R..Thomas Kline. Sheriff ~ By Claudia A. Brewbaker ----,~.~r~ 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1540 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PPL ELECTRIC UTILITIES CORP., Plaintiff (s) From DAVIS GREENHOUSE, INC., 103 HAMMOND ROAD, SHIPPENSBURG, PA (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY BELONGING TO DAVIS GREENHOUSE LOCATED AT 103 HAMMOND ROAD, SHIPPENSBURG, PA. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5553.98 Interest $666.48 Atty's Comm % Arty Paid $237.61 Plaintiff Paid Date: MAY 6, 2003 (Seal) REQUESTING PARTY: Name ANTHONY P. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, PA 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ID No. 23754 L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy