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HomeMy WebLinkAbout07-1408 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q 1 .-.1,T6O (1, Ut ` NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT L-10aa AG. DIST. NO.OR NAME OF D.J. William T_ Wintprc K? ?a.7 09-3-03 ADDRESS OF APPELLANT CITY STATE ZIP CODE 227 w- sp-rinrfyij p RtJ, Boiling Springs PA 17007 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 2/12/07 Metropolitan Edison C s. William T_ Wint-L-rs CLAIM NO. NATO OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR 00-00381-06 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. Signature o ro ono rya epu Claimant (see PW R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Metropolitan Edison Company appellee(s), to file a complaint in this appeal I Name of appellee(s) (Common Pleas No. f l within twenty (20) days after service rule o s entry of 'ud nt of non pros. ?- 1 igna a of appellant ' attorney or agent RULE: To Metropolitan Rdison Company appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. %i? Date: ?ljs l '3 , Year Q 06- Signature o thonotary or D u White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy NOTICE OF APPEAL Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) . year , [-]by personal service []by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , 1:1 by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year _, [-] by personal service [-]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of official before whom affidavit was made Title of official My commission expires on , year P, a v rr?A v? Signature of Alliant n ' Nc; C o ---+ r .g ... ? MF= C rn C.? D n 2' s j W CIO 8 )j *z-) w? rOMMONWEALTH OF PENNSYLVANIA FEB 2 0 2007 NOTICE OF JUDGMENT/TRANSCRIPT CUMBERLAND E CIVIC CASE COUNTY OF- ' Mag. Dist. No.: 09-3-03 PLAINTIFF: NAME and ADDRESS rl[STROPOLITAN EDISON COMPANY ? MDJ Name: Won. P.O. BOX 16001 SUSAN K. DAY 2800 POTTSVILLE PI=E Add'ess: 229 MILL ST, BOX 167 LREADING, PA 19612-6001 J MT. HOLLY SPR=GS, PA VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 486-7672 17065 rNINTZR, WILLIAM I ? 227 N. SPRINGVILLE RD ATTORNEY FOR PLAINTIFF s BOILING SPRINGS, PA 17007 L J RETTIG, JEFFREY B 126 WALNUT ST Docket No.: CV-0000381-06 HARRISBURG, PA 17101 Date Filed: 12/27/06 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 2/12/07 ® Judgment was entered for: (Name) METROPOLITAN EDISON COMP1WY Judgment was entered against: (Name) ? WINTER, NXLLIAM I 4 415 5 in the amount of $ ' Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL wnWN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME -FROM4HE,GOURTSOFr.CAMMQN-??sAS.AN0l9XJI ErSSMAY -.I?S4EQ # ACjls a UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE.COMPLIES WITH THE JUDGMENT. B k# a % j rszt a s r??rr 4? vas` r d _ y{?c ?F _ D 4, r 14 1 r, ti ate } n la;, r t;-pw, D Magiterral`D?#rtrYuclgA' ' Ai t' s' true ' d co p e deco ojji procesduig.cor±tinntJ they a r t?f€' r 1 { Date Magtste l?C®istrict Judge My commission expires first Monday of January, 2010 SAL AOPC 315-06 DATE PRINTED: 2/12/07 3:06:00 PM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF Cumherland ;ss AFFIDAVIT: I hereby swear or affirm that I served n a copy of the Notice of Appeal, Common Pleas No. 0 7 -14 0 8 , upon the District Justice designated therein on UU (date of service) 3 ' 116,107 , year 20 0 7 by personal service ®by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name Adam Seif girth r ESQuire, counsel for , on March 16 year 2 0 0 7 , []by personal service @ by (certified) (register0i gPQA t AlAeWgeto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on M arc-h 16 , year 2 0 0 7 , [] by personal service Uby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIy§ DAY OF CXiI , YEAR.__. Of TWe of My commission expires on , year 2VNPWX" NQTARK SE/d tlit11 1t I„ t9i01 M 1111" PO" an a tMRRRS1311R6, t>AUPNNI cowm r?tr won ISS MAti' n tito8 COMMONWEALTH OF PENNSYLVANIA r COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS No. (3 / l oe i,7" 1 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. 69-3-b3 y ADDRESS OF APPELLANT CITY STATE ZIP CODE 2 Boiling S ril:igs PA 17007 DATE OF JUDGMENT IN TH CASE OF (PLAINTIFF) (DEFENDANT) 2/ 12/ 07 ,letrop olitan Ldisoll Cc?wD n s. r ' l y r -? CLAIM NO. SIGNATU OF APPELLA OR HIS ATTORNEY OR AGENT CV YEAR 000f)481 -t!_G LT YEAR t 4. v = f This block will be signed ONLY when this notation is required under PA. Ikat, ant was. Claimant (see P R.C.P.J.P. R.C.P.J.P. No. i008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. nature o ry or. _ Depury PRAECIPETO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE: (This section of form ito be, used ONL,Y:", en appellant was DEFENPANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT W$ED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon letropolitan rJisori Com-pany , appellee(s), to file a complaint in this appeal Name of appe#ee(e) -(Common Pleas No. t ,,within twenty (20) days after service of rule orsu entry of ' grri` nt of non pros. 1 S hat e of appellant i attorney or agent RULE: To r,'1-?trCQQo1 i an ':r1 i -9 wi :?nmp;-_,nyappellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint*thin this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIP.E: (3) The date of,a?10 of this-rule if servlcO,,was by mail is tf a date of the mailing. Date: ,Rear lr, l Signature of thonotary or ut White - Prothonotary Copy '., Green - Court File Copy Yellow Appelarit's Copy Pink - Appellee Copy t;nlri - D. J. Coov - Proth. - 76 ?4 9 F DAWt N an go *OM'N opme HMIY?s cm Aft-- A,& WYMw*wdWMY*ftlOMb*w.. E3 No IV, 4 r 'g/ El FUgla 4. PoorjoW D~ ©tibs 2, A** Wyt??r t ? t+ + rrwns.ai l 7003 2260 0007 0544 5212 w .? . C t- t ? I 1 F E fbO?aYf-t?t6 ?• ti CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Adam L. Seiferth, Esquire 2931 N. Front Street Harrisburg, PA 17110 (Attorney for Plaintiffi OSBORNE & RETTIG, P.C. By effrey B. Rettig, Esquir Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: a Attorneys for Defendant William Winters C') o 0 C= "tT UT m , qty rn PETERS & WASII.EFSKI By: Charles E. Wasilefski, Esquire Attorney ID #21027 2931 North Front Street Harrisburg, PA 171101-1250 17171238-7555, Ext. 110 Attorney for Plaintiff, Metropolitan Edison Company METROPOLITAN EDISON COMPANY : Plaintiff V. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA AMY WINTERS and WILLIAM I. WINTERS, Defendants No. 07-1408 Civil Term CIVIL ACTION - LA W 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 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 Plaintiffs. 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 Telephone: [717] 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le 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 o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: [717] 249-3166 PETERS & WASILEFSKI By: Charles E. Wasilefski, Esquire Attorney ID #21027 2931 North Front Street Harrisburg, PA 171101-1250 [7171238-7555, Ext. 110 Attorney for Plaintiff, Metropolitan Edison Company METROPOLITAN EDISON COMPANY : Plaintiff V. AMY WINTERS and WILLIAM I. WINTERS, Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1408 Civil Term CIVIL ACTION - LAW COMPLAINT NOW COMES, Plaintiff, Metropolitan Edison Company ("Met-Ed"), by and through its attorneys, Peters & Wasilefski, and files this Complaint against Defendants, Amy Winters and William I. Winters, for the following reasons: 1. Plaintiff, Met-Ed, is a corporation organized pursuant to the laws of the Commonwealth of Pennsylvania and has a principal place of business located at 2800 Pottsville Pike, Reading, Pennsylvania 19612-6001. Plaintiff, Met-Ed, is an electric public utility authorized to construct, operate and maintain facilities and equipment, including but not limited to, utility poles, electric lines and other equipment, for the distribution of electricity to the public in specific areas of the Commonwealth of Pennsylvania. 2. Defendant, Amy Winters, is an adult individual residing at 227 West Springville Road, Boiling Springs, Pennsylvania 17007. 3. Defendant, William I. Winters, is an adult individual residing at 227 West Springville Road, Boiling Springs, Pennsylvania 17007. 4. Defendant, Amy Winters, was the owner of a 2003 Subaru Legacy, which she had loaned, gave permission or otherwise allowed Defendant, William Winters, to drive on February 19, 2006. 5. Defendant, William Winters, while operating the 2003 Subaru Legacy, in a southerly direction on Forge Road, South Middleton Township, Cumberland County, Pennsylvania negligently lost control of the vehicle and allowed the motor vehicle to leave the traveled portion of the roadway and crash into a utility pole owned by Plaintiff, Met-Ed, causing severe damage to the pole and other electric facilities. 6. Defendant, Amy Winters, was negligent in loaning, permitting, or otherwise allowing Defendant, William Winters, to drive the 2003 Subaru Legacy when she knew or should have known that he would negligently and carelessly operate the vehicle and cause damage to property of others. 7. Defendant, William Winters, was negligent, careless, and reckless in the manner in which he drove the 2003 Subaru Legacy in the following manner: a. In failing to keep alert and maintain a proper lookout for the presence of objects that are stationary in the path in which he 2 was driving his motor vehicle; b. In failing to keep proper and adequate control of his motor vehicle; c. In driving at a speed excessive under the circumstances; d. In failing to have his vehicle under such control as to be able to stop within the assured clear distance ahead; e. In driving his vehicle at a time when he was tired and not in a proper physical condition to drive; f. In failing to apply his brakes in time to avoid striking the utility pole; g. In allowing his vehicle to run off the highway; h. In driving his vehicle in a reckless manner and with careless disregard for the rights or safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8. As a direct and proximate result of the negligence, carelessness and recklessness of Defendants, Plaintiff, Met-Ed, sustained damages to its electric facilities and equipment and incurred repair costs consisting of materials/supplies, labor expenses and equipment costs in the sum of Five Thousand Forty-one Dollars and Fifty-five Cents ($5,041.55). 3 9. The actions and inactions of Defendants were the sole substantial factors in causing the accident described above and the damages sustained by Plaintiff, Met-Ed, and such actions and inactions of Defendants are the factual and legal cause of Plaintiff's damages. WHEREFORE, Plaintiff, Met-Ed, demands judgment against Defendants, Amy Winters and William Winters, jointly and severally, in the sum of Five Thousand Forty-one Dollars and Fifty-five Cents ($5,041.55) plus interest and costs. PETERS & WASILEFSKI BOAL-a 3 Charles E. Wasilefski Attorney ID #21027 2931 North Front Street Harrisburg, PA 17110-1250 [717] 238-7555, Ext. 110 Attorney for Plaintiff, Metropolitan Edison Company Date: April 3, 2007 4 I?3R-29 2007 THU?10:19 AM PETERS AND WASILEFSKI FAX NO, 7172387750 P. 03 VERMCATION I hereby affirm that the following facts are correct: Metropolitan Edison Company is a Plaintiff in the foregoing action and I am authorized to execute this verification on their behalf. The attached Complaint is based upon information that I have furnished to my counsel and information which has been gathered by my counsel in preparation of the defense of the .Lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint 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 Complaint are that of counsel, 1 have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 24 CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a legal assistant in the law firm of Peters & Wasilefski, have this :??,_ day of? , 2007, served a true and correct copy of the foregoing COMPLAINT upon all parties by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, Pennsylvania 17101 Pamela J. Crum r"7 ? ? i- " r.? T1 -? T _.< i "E i?,.7 ?.? ' 'i-t l? ? m ? ?? ?"?? i .. 0?-14.06 Civt l Term Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant William I. Winters METROPOLITAN EDISON IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CV-0000381-06 V. : CIVIL ACTION - LAW WILLIAM I. WINTERS, JURY TRIAL DEMANDED Defendant PRAECIPE TO WITHDRAW APPEARANCE THE PROTHONOTARY, Please withdraw the appearance of Jeffrey B. Rettig, Esquire and Osborne & Rettig, P.C., on behalf of Defendant, William I. Winters, in the above-captioned action. OSBORNE & RETTIG, P.C. PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY, Please enter the appearance of Jeffrey B. Rettig, Esquire and Johnson, Duffie, Stewart & Weidner, on behalf of Defendant, William I. Winters, in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER geffreyy . Rettig, quire CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the day of 2007: -d4v'? , Adam L. Seiferth, Esquire 2931 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) JOHNSON, DUFFIE, STEWART & WEIDNER B ffrey B. Rettig, quire ('r 0 :295275.1 c ? ?? Ca -s? ?. .._, s? ? -r: E ? ? ?? -c? ( C°.3 .? t ? Vii. z °?t:-?; ,, 1 ? ?. ? r ?' ., _ N •--? ?,, ?? ?? PETERS & WASILEFSKI By: Charles E. Wasilefski, Esquire Attorney ID #21027 2931 North Front Street Harrisburg, PA 171101-1250 [717] 238-7555, Ext. 110 Attorney for Plaintiff, Metropolitan Edison Company METROPOLITAN EDISON COMPANY: Plaintiff V. AMY WINTERS and WILLIAM I. WINTERS, . Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1408 Civil Term CIVIL ACTION - LA W PLAINTIFF, METROPOLITAN EDISON COMPANY'S. REPLY TO NEW MATTER FILED BY DEFENDANTS NOW COMES, Plaintiff, Metropolitan Edison Company ("Met-Ed"), by and through its attorneys, Peters & Wasilefski, and replies to the New Matter filed on behalf of Defendants, Amy Winters and William I. Winters (collectively referred to as "Winters"), as follows: 1. Plaintiff, Met-Ed, denies the allegations contained in Paragraph 10 of the New Matter filed on behalf of Defendants, Winters. To the contrary, to the extent required under the circumstances, Plaintiff, Met-Ed, did take steps to mitigate its damages. In further answer, Plaintiff, Met-Ed, denies said allegations pursuant to Pa. R.C.P. 1029(e). 2. Plaintiff, Met-Ed, denies the allegations contained in Paragraph 11 of the New Matter filed on behalf of Defendants, Winters. To the contrary, all damages claimed by Plaintiff, Met-Ed, have been incurred as a result of the accident and to which it is entitled to recover. In further answer, Plaintiff, Met-Ed, denies said allegations pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff, Met-Ed, demands judgment against Defendants, Amy Winters and William Winters, jointly and severally, in the sum of Five Thousand Forty-one Dollars and Fifty-five Cents ($5,041.55) plus interest and costs. PETERS & WASILEFSKI Charles E. Wasilefski ` Attorney ID #21027 :J 2931 North Front Street Harrisburg, PA 17110-1250 [717] 238-7555, Ext. 110 Attorney for Plaintiff, Metropolitan Edison Company Date: June 5, 2007 2 VERIFICATION I hereby affirm that the following facts are correct: Metropolitan Edison Company is a Plaintiff in the foregoing action and I am authorized to execute this verification on their behalf. The attached Reply to New Matter is based upon information that I have furnished to my counsel and information which has been gathered by my counsel in preparation of the defense of the lawsuit. The language of the Reply to New Matter is that of counsel and not of me. I have read the Reply to New Matter and to the extent that the Reply to New Matter 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 Reply to New Matter are that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: ZS 2007 CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a legal assistant in the law firm of Peters & Wasilefski, have this day of 2007, served a true and correct copy of the foregoing PLAINTIFF, METROPOLITAN EDISON COMPANY'S, REPLY TO NEW MATTER FILED BY DEFENDANTS upon all parties by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Pamela J. Crum ..s? Fn W METROPOLITAN EDISON COMPANY Plaintiff V. WILLIAM I. WINTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 3s t-2996 07- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JEFFREY B. RETTIG, counsel for the Defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $5,041.55 There is no counterclaim in the action. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Charles E. Wasilefski, Esquire - Counsel for Plaintiff Jeffrey B. Rettig, Esquire - Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, art & Weidner By: Joh son, FStreet e Bui A r ney 6 1 MarkPost Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 jbr@idsw.com ORDER OF COURT AND NOW, , 2008, in consideration of the foregoing petition, Esquire, and Esquire, and , Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, EDGAR B. BAYLEY j Q ? d 1-2 -G d °?1 METROPOLITAN EDISON COMPANY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO: -2086 07- XD! WILLIAM I. WINTERS, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JEFFREY B. RETTIG, counsel for the Defendant in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff in the action is $5,041.55 There is no counterclaim in the action. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Charles E. Wasilefski, Esquire - Counsel for Plaintiff Jeffrey B. Rettig, Esquire - Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 4mey n, iie, to art & Weidner By: B. Ret dig, Esqui I.D. No: 19616 rket Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 ibr@idsw.com ORDER OF COURT AND NOW, ` 2008, in consideration of the foregoing petition, *_6?am' Esquire, and Esquire, and 40 Esquire are appointed arbitrators in the above captioned action as prayed for. By the C , EDGAR B. BAYLEY ^ t, .? err { lei C`'" reel??g Jed OF6 ;1 tt rte`.,, , U, ?? A ?C Ceram 0?4` is Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 7 -I go t) Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature i e e k YK Name (Chairman) k? - "M (i s Law Firm- '" X14 Lo - O cc?,rcP Address ?L n betJS Nu r, PIS City, k zJ 1-7a.5'7 -TACG u LL AJ f /4 I?F?tN Name to w ? iK a ZA? k I?t .1ff;e?u?.. Law Firm 4 4 S. t-jkr4u Ex s T Address C"V4 sL* ,4 () o r3 City, zip 5 Name Law Firm buy 77•s d !e (Z Address City, zip # 1003.2, - Award ??88C? `'?/L18?. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Now, the day of , 200B__, at IQ: Sa , _&?M., the above award was entered upon the docket and notice thereof -ven by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal Prothonotary $ JS6 _ es6 By: Deputy Notice of Entry of Award 1 1 R--f <-- v Y •? ?r C °?x• V 4. if' THE PROT 'ONOTa i=, s E 2 ,113 AUG 20 PH 2: 0 7 1 CUMBERLAND COUNTY METROPOLITAN EDISON COMPANY: IN THE COURT OF PENNSYLVANIA Plaintiff COMMON PLEAS FOR ' CUMBERLAND COUNTY, V. PENNSYLVANIA AMY WINTERS and WILLIAM I. No. 07-1408 Civil Term WINTERS, Defendants CIVIL ACTION—LAW PRAECIPE TO MARK MATTER SETTLED,ENDED AND DISCONTINUED TO THE PROTHONOTARY, CUMBERLAND COUNTY,PA: Please mark this matter settled, ended and discontinued. PETERS&WASILEFSKI Charles E. Wasilefski,Esquire Attorney ID#21.027 2931 North Front Street Harrisburg,PA 17110-1250 [717]238-7555 Attorney for Metropolitan Edison Company Dated: JOHNSON,DUFFIE, S T EWART & WE164R J y etti , squire M #1 16 3 1 Market Street,P. O.Box 1 Lemoyne,Pennsylvania 17043-0109 Attorney for Amy Winters and R/4 r./ William 1. Winters Dated: �/�3/J3 METROPOLITAN EDISON COMPANY: IN THE COURT OF Plaintiff COMMON PLEAS FOR CUMBERLAND COUNTY, V. PENNSYLVANIA AMY WINTERS and WILLIAM I. No. 07-1408 Civil Term WINTERS, Defendants CIVIL ACTION—LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE TO MARK MATTER SETTLED, ENDED AND DISCONTINUED, has been served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this day of 2013, and addressed as follows: Jeffrey B. Rettig, Esquire JOHNSON,DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109