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Home My WebLink About01-1540 FX .j,-~, 'I _ '.'_i, -.---.-",-~~,-"-'--- -,-,-,,~~. __"_~ _ ,~_. ,"~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff Civil Acton - In Law vs No. 01-1540 Civil Term Davis Greenhouse, Ine" Defendant 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: J. Anthony P. Krzywicki Attorney for Plaintiff 49 North Sugan Road PO Box 505 NewHope,PA 18938 Jerry A. Weigle Attorney for Defendant Weigle, Perkins & Associates 126 East King Street Shippensburg, P A 17257 WEIGLE PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . I .1 '~~1iI1\l!~.." ,~-""i,~~.,,,_ '"' ~- "~,-" . -"~ r "" .,.. ~'~:J' P'1351O Cumberland County Prothonotary's Office Civil Case Inquiry ELECTRIC UTILITIES CORP (vs) DAVIS GREENHOUSE INC Page 1 2qb1-01540 PPL Reference No. , : Case Type.....: COMPLAINT Judgment.:.... 5553.98 Judge Asslgned: Disposed Desc. : ------------ Case Comments ------------- Filed........: Time..... , , , , : Execution Date Jury Trial, . . . D~sposed Date, Hlgher Crt 1.: Higher Crt 2.: 3/16/2001 2:26 5/23/2001 0/00/0000 ******************************************************************************** General Index Attorney Info PPL ELECTRIC UTILITES CORP PLAINTIFF KRZYWICKI ANTHONY P 827 HAUSMAN ROAD ALLENTOWN PA 18104 DAVIS GREENHOUSE INC DEFENDANT WEIGLE JERRY A 103 HAMMOND ROAD SHIPPENSBURG PA 17257 Judg-ment Index Amount Date Desc DAVIS GREENHOUSE INC 5,553.98 5/14/2001 FAILURE TO PLEAD DAVIS GREENHOUSE INC 5,553.98 5/23/2001 WRIT OF EXECUTION ******************************************************************************** * Date Entries * ******************************************************************************** 3/16/2001~~~~~~~i_=_~~~~~_~~i~~~~__~~~~~_~~~~~__~_~_~_~_~_~_~_~_~_~_~_~_~_~ 3/21/2001VVSHERIFF'S RETURN FILED Litigant.: DAVIS GREENHOUSE INC SBRVED : 3/19/01 SHIPPE~SBURG PA COMPLAINT Costs....: $40.40 pd By: KRZYWICKI & ASSOCIATES 03/21/2001 5/14/2001~~~~~~~~~~~~~~~~~~i~~~~~~~i~~~~~~~~~~i~~~~~~~i~~~i~~~~~~~~~~~~~ 5/14/2001 NOTICE MAILED TO DEFENDANT ~------------------------------------------------------------------- 5/14/2001 ~MPORTANT NOTICE FILED 5/14/2001~FFIDAvIT-OF-NON-MILITARY-SERVlcE---------------------------------- ------------------------------------------------------------------- 5/23/2001)VPRAECIPE FOR WRIT OF EXECUTION AND WRIT OF EXECUTION ISSUED $2.50 PD ATTY $1.00 COUNTY $.50 LL ------------------------------------------------------------------- 6/12/200~PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL - FOR DEFT BY JERRY A WBIGLE ESQ 6/12/2001~EFENDANT~S-PETITION-TO-OPEN-DEFAULT-JUDGMENT-AND-STAY-SET-ASIDE--- WRIT OF EXECUTION - BY JERRY A WEIGLE ESQ FOR DEFT ------------------------------------------------------------------- 7/19/2001~ORDER OF COURT - DATED 7/19/01 - IN RE DEFTS PETITION TO OPEN DBFAULT JUDGMENT AND STAY SET ASIDE WRIT OF EXECUTION - IT IS ORDERED ADN DIRECTED AS FOLLOWS- A RULE IS ISSUED AGAINST PLFF TO SHOW CAUSE WHY THE DEFAULT JUDMENT SHOULD NOT BE GRANTED - PLFFS SHALL FILE ANSWER WITHIN 20 DAYS - MOTION SHALL BE DECIDED UND PA RULE206/7 - BRIEFS SHALL BE FILED IN CHAMBER ON OR BEFORE 9/21/01 AND AGREMENT SHALL BE HELD ON CHAMBERS ON 9/24/01 AT 9:00 AM - BY THE COURT EDWARD E GUIDO J COPIES MAILED 7/19/01 ------------------------------------------------------------------- 7/26/200~AFFIDAVIT OF SERVICE - FOR DEFTS PETITION TO OPEN DEFAULD JUDGMENT - BY RHONDA R WOLFORD ------------------------------------------------------------------- 8/05/2002~HERIFF'S RETURN (WRIT RETURNED ABANDONED - NO ACTION TAKEN IN SIX MONTHS) SHERIFF PAID 41.00 COUNTY & $0.50 LL SHERIFF'S COSTS $112.71 PD ATTY ~1/15/2002JVPETITION-FOR-APPOINTMENT-OF-ARBITRATORS---------------~------------ 12/19/2002~RDER-OF-coURT-ii7i87o2-AppOINTMENT-OF-ARBITRATORS-BY-THE-COURT---- GEORGE E HOFFER P JUDGE ARBITRATORS ARE TAYLOR ANDREWS ESQ - DAVID GALLOWAY ESQ AND LAURALEE BAKER ESQ -"",,"j ,^' ,.. ~~." ......>'"',.,,~ I...=,.>~ ~ "<~. - ,1liiI:"" ,-- l~ 'k '~"lillili) liW.i!iiltlil.' '&:lrrm~};~ PYS510 .- Cumberland County Prothonotary's Office Civil Case Inquiry Page 2 2061-01540 PPL ELECTRIC UTILITIES CORP (vs) DAVIS GREENHOUSE INC RJeference No. . : Case Type.....: COMPLAINT Judgment...... 5553.98 J\ldge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- NOTICE MAILED 12/19/02 1/14/2003~OTION-TO-VACATE-APPOINTMENT-OF-ARBITRATORS------------------------ ------------------------------------------------------------------- 1/22/2003.u~RDER OF COURT - DATED 1/21/03 - MOTION THE ORDER OF 11/18/02 VVAPPPOINTING ARBITRATORS IN THE CASE IS HEREBY VACATED - TAYLOR P ANDREWS ESQ SHALL BE PAID $50.00 FOR HIS SERVICES AS CHAIRMAN OF THE BOARD OF ARBITRATION - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 2/11/03 BILLED COUNTY FOR ARBITRATION CHAIRMAN - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - Filed..,."" : Time...."... : Execution Date Jury Trial, . , . Disposed Date. Higher Crt 1.: Higher Crt 2.: 3/16/2001 2:26 5/23/2001 0/00/0000 ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal pvmts/Adl End Bal * ******************************************************************************** COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5,00 5.00 .00 JDMT/DEFAULT 9.00 9.00 .00 WRIT OF EXEC 15.00 15.00 .00 SHFF RETURN FEE 1. 00 1. 00 .00 LAW LIB FEE .50 .50 .00 APPT OF ARBITRA 15.00 15.00 .00 ------------------------ ------------ 86.00 86.00 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** t,:] III ____ PI.. 15ho~ --,----,------- --I' ':-4W----\ :__~J..----I----- v ,<?.o7f~cI N( ~(~M ;(~~~1/li 4/ /krf r-~~- /~~ 1:---~ltJf!L-l ~~ '! :-. -~_._- :~-J%~L~-:=l-/~tl~~~~~-~~~zL~ 1t4t~ "hb'~o/J6- -- ______I~- ~~(4ItMl,k'~ /JS'u:ui______________ ! ~ .~ -I/;fl!ln . lil!.~4~-~-~~~~--~~~L-n--- - -"- _._-"_._--_._,_._---~- _____ ____ n__n____ _ __ ____ __,,____ ".._~ .____ __~,._'" __.~_ ~_~_________'"__ ,n~__ u._.n_________ ,,__ ___.. ________________ . ~;I~~ ~ ~~ 1:~;p,f~~-~ "'"- .4~t!i'/~b rJ-f0 ~ ~-e'e ~ /J2y~t/~__ ?lid~~~~e';~,..!-/ ~~~ ~.r _ _____ ~ '" /f~ AW~/<<~-~-J-~~ 'C-~~~ ------ ._7~-=i~--m;:;;;:- ~~:;S ~1!~~,~ ;t;:::- ---------.--i~ .tf-k ~ - ~"--_Y-~-~ - ,tf --;?~g{~-i;J&~ /y ~ t!,O/!~~.eJ{r p~ I &t-2t~ ~ (;;;- ~-- .._"_._.,_,_,__.,.__".,_,,_,,_&..5~1: Mal ~~<<-mar~L /k )_____ --J#fR-I--:~~~P-UU;~~ ~ ~~I . ,,- """;;;;l--1-------:-~----- -----~--=---- . -'--ry!L--i- ~e-I'p' .r....~ At:-~~4t~ ~ ~~~~~ -___ ~~~~--~~~H ;P~~ ~~ ~-~ ~1%f3;_vY~-:::~- ,u~ L:~dt;; AtA~~_ . ---------.---------. -------~ ) ---------------ill----------------~.---.--------~-.-----~----.-------------- , - --,,----,.-.-...-,.------ '] "...,~-------~---'-_.~----~-----------------_._-------.--- I - - - ---------.----- 1:1----.----.-------.------.-----------.---- - --------I~------------------ ,'''''''''''''---.-t~''--''"'''''' _..".,._~l!I!ml'IiI .. ,~W!_ _ ~ ~ ,...1lJi'lt _:-. 1 " < _ ~ l'~~= ,~~ . ~_i___I'...J~""""'_""".:;."""-""~"- - --~ , -'-~" ,~ ". , ~ , -, .' .-,.,~_: 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electrlc Utilities Corp. Plaintiff civil Action - In Law vs No. 0/- /5"10 ~ IL.M"'- Davis Greenhouse, Inc. Defendant 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 17257. ~"'" I"'. ,- I ~ -,- ^ ~) lL I COUNT 1 PPL Electric Vtilities Corp. vs. Inc. Davis Greenhouse I I 4. At all time relevant he~eto, Plaintiff was engaged in the business of producing, furnishi~g, supplying and distributing utility service to persons and ~usinesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Public Utility Commission. tariff I presently on file with the 5. Plaintiff supplied I I util:j.ty 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 nAn, 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. ,{;,~_........- rid ~.I .,. ",I '~ I ~.. '; I, '".0'. ~ ~,,' 1742PP 8. Defendant is in default ,of his/her obligation, having failed to make the payments as they became due. 9. Plaintiff made demand 9n Defendant to repay the sums then due and owing to Plaintiffi 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 refuse4 to pay Plaintiff the balance due , and owing on said account(s). 11. Defendant has been unjmstly 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 $ 45.50 $ 100.00 $ 5553.98 Respectfully submitted, DATED: March 9, 2001 and Associates 8938 ,; , , 1-.' ,,c,_', .~, ~ 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 unsworn falsification to authorities. PPL Electric Utilities Corp. By: DATED: March 9,2001 I~H I STATEME~T OF ACCOUNT Davis Greenhouse, Inc. establisfued the following accounts with PPL Electric Utilities Corp. with the foltowing balances and charges: , I I Account Number I A~ct Type Service to: Balance Service Address 1 =====================================1========================================== 28755-27201 i E I I $4328.48 103 Hammond Road Shippenburg, PA 17251 ! ! I , Total Delinquent Balance: $4328.48 1= j - ,_I J_,. , 1)] "~,. ]" '_,r c 1742PP i O^' EX~:$1'I t" ,..~*" -... ~ ,- ~ " - 'I i ~ l" ~61,,- 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 , 2001 at 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to MARK DAVIS a true and attested copy of COMPLAINT & NOTICE together with IN ARBITRATION 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 So Answers: , .~~ ~~~4<~ R. Thomas Kline 03/21/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before day of By '-A k , "..ub~ Deputy S iff me this .<91:i;::. ~./ ~I A.D. ~, 0 7h,I#'utL9T P othonotary' di~"'"'"~-._-"'~'""'=-~' - -- -" -~ ___-I -, ~ ~~ - - .l~~_, 1742PP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUmberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Davis Greenhouse, Inc. 103 Hammond Road Shippensburg, PA 17257 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electr~c Ut11ities Corp. Plaintiff Civil Action - In Law VB No. 01-1540 CV Davis Greenhouse, Inc. Defendant ARBITRATION NOTICE 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. (XX) ( ) ( ) ( ) ( ) ( ) ( ) Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings Curtis R. Long Prothonotary 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 ,_,v , L" . _' ~,--,_, -" i . '!iM.\~' 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electrlc Utllltles Corp. Plaintiff civil Action - In Law vs No. 01-1540 CV Davis Greenhouse, Inc. Defendant ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To.the Prothonotary: COUNT 1 PPL Electric Utllltles 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: Fees: Court Costs: Service Costs: TOTAL $ 4328.48 $ 1080,00 $ 45.50 $ 100.00 $ 5553.98 together with interest thereon from the date of judgment forward and all costs of this action. L . ""~',. 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 By: Ant 49 ort P. . Ne ope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 nd Associates "~~ - ~-- SHERIFF'S RETURN - REGULAR ".~,,- .. .1 "0-;< ,. -.," '~P'~:";J \1Q2fP 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 , 2001 at 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to MARK DAVIS a true and attested copy of COMPLAINT & NOTICE together with IN ARBITRATION 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 So Answers: ~~~ ~~n-~~~ R. Thomas Kline 03/21/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before me this day of BY:A ~ .?..M b bii?- . , Deputy S iff A.D. Prothonotary e- ..;J.~' ~"' ~ ~ , , w-'-, "';.L-'~:i_ 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utllltles Corp. Plaintiff Civil Action - In Law vs No. 01-1540 CV Davis Greenhouse, Inc. Defendant 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 By: ),51 Anthony P. KrzYWlckl 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 - ,-', U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL~_DOES NOT PROVICE fOR INSURANCE-POSTMASTER Recai... Krzywicki & Associates P,O. Box 505 New Hope, PA 18938 , One piece of Ordinary mail addressed to: Y(1)!/', (.;'reoX"lhou& Int. / /'J '$ fl-o -f" ('(VXY'J v.ood ,C:k(J?ns~,,t/A/ !7'2T7 " /Y"l V / PS Form 3817, Mar. 1989 , . '- " ~'(nl !; 4<- "tf ~ \ "? ~ ::;:' ~ )..~/J "'-' ~\ r~~ r~ COli"! ..,~ as ;1fi~""''i''1~. g- o.."."'3""~'''':''-~<f~I' .... s~.'.:"","~<;~~":i"':\1 h j ~: f ~ -;,t,'il "r,jI1 t '_", OJ . , lb"\ W -...... , !~! ::.-~, p' l~l I;! l.ll -................. ........*"'lt~;j-lP. . ~ , -;:;.~,-" .~ii;~, ; - " ' "'---jJij,4 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 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 and Associates ,"'" I~ J . "' ~ "~. --.... .. "-~&,:. 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electr~c Ut~l~t~es 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 ss. COUNTY OF HUNTERDON 1, Anthony P. 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 subscribe me~ 9 a f Ma 20 Notary Pu , ,~ICHELLE PYATT NOTARY PUBLIC OF NEW JERSEY MY ('.{)MMISSION EXPIRES JULY 9, 2002 ~"i~~%&~I~}~i~S:li~,A.'i'~o[!~fu'.\f'-~!l:Hli>ili<ii;Wi~~~"".<.Ji.,J&0WjlL,J(j,,,-,-'l~~;i,':1if#&il-'""'" 0'"...,.."" '~'-~"lllWiihBiI'ii1iI1:i"""""~"=><>~""""'~"~ ~~, .8: 1'1 t -,:J f:) ~ jl f"\ ....0 0 w () It. 0 C '\'1 <'" - 0. -o;:.,~ -> u_ r ~ rnr'~;; ,1-~ z~:i:~ -~ .. '. "- 2r---- ,. l:J ~0 ,>~... -' ~ ....... c.:; r [~} ~ rr- -V ::r,:~. ,- -, - ~~ fl.f =1-, ::.:.:..:c) N ;pu , , cjr.l ~ -zt (= '-''''' t U) :z ~;! =< ::0 (Jl -< "' .,' ~ - 'i~_, 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. FileNo.: OI-1540CV Amount Due: $5553.98 Interest: $55.54 Arty's Comm: Costs: $ J I Davis Greenhouse, Inc. Defendant 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 1 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 (}reenhouse, Inc., 103 Hammond Road, Shippensburg, P A 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 (ifreal estate, supply six copies of the description; supply four copies oflengthy personality list)_ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Anthony P. Kr PO Box 505, Ne Attorney for Plaintiff 215-862-4390 ID No. 23754 Date: May 18,2001 ~~""""'--"'"'__~::llilijll~~~jB~'(idi";"',~,";ili""'~~'t&',"W~e-"...~~'ul:iIll1i1liM~I~W:i~' '0';";" , ~ -- (::> ~ ~ ~ 0 C-; rJ ~ .... .()~ t 'IQ. c t- . ~ L ...... -""~ :J: d g vu' .l: . ~ ~ mrr 'r.'" ~ ""'< 0 g d .t: g Z:J'. ~ fh 5'~~, ]'-...':l " 0 G..::' -, -<,.,c ..... l' ~ I I I { ~~~~ " ..0 ~ }' r~ f' -(; r:~; :Pc CY ~ ~ z; :!'"v ... ;:, -< c , ~ , , , ~ , ... . ~;:[DJlrJJg""..",~",..,_ ',",'_'''_W'''~>''''" ~:->." '-.'-'_, .__,~ ..~.,,~~ _._ - ---~ . . - --" ~ I'J[; ~~,J. . ~- -""' , "li',l" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-1540 CIVIL 1~ TERM 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 Harnnond Road, Shippensburg, PA DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell all propertv belonqing to Davis Greenhouse, INc., 103 Hanmond Road, SHippensburq, 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) t~e 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 thereof; (3) If property of the defendant(s) not levied upon an subjectto attachment is found inthe 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, % Due Prothy Other Costs $.50 $1.00 Amount Due Interest Atty's Comm Ally Paid Plaintiff Paid $<;<;<;1.98 $ 55.54 L.L. $112,40 ____bv: Curtis R. Long Prothonotary, Civil Division ~ C-. fJ 7?a....v./ Date: May 23, 2001 Deputy Name REQUESTING PARTY: Anthony P. Krzywicki, Esq. Address: lX") 'P.rlv t:lns New Hope, PA 18938 Attorney for: Plaintiff Telephone: Supreme Court 10 No. 215-862-4390 23754 ;~M"~!I:il!im___~_~~'14.f[;W~tlj;:}):~%S&":.')!'-."i!;;'!;ili~'~B@Lfii.j!i;!~,~Ijj~.j~;,""", ''''''-!<-ll I111J ~ ~ fJJ6 ~ ","",y -."". ~< " .' ~ ~- , 0 '~-~.1~' - 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 Poundage Advertising Law Library Prothonotary Mileage Misc, Surcharge Levy Post Pone Sale Garnishee 18.00 2,21 10,00 .50 1.00 26,00 Advance Costs: 150.00 , Sheriff s Costs: 112 . 71 37.29 Refunded to Arty on 7/3/02 20.00 20,00 15.00 112. 71 Sworn and Subscribed to before me - ~rl () ~ <:;:; '" <> So Answers; ~~l~e~ R. Thomas Kline, Sheriff Bt~ QiJrf'lo-rLB~~_J.)4f this st day of ()"f'..d"- 2002A.D, stt' a rn..dP4)r~ pro 0 otary 1'1,a'\> ~ ~0 ,~ U",,--- /l....n~' -~~ 1~~~ "~) ~3J3'i3 Ru-J /:2('6'11 mz . . - -~. _ .'"4 __ .,- M -~..~- ',,,~ ..-~,-- -.~ . .", ,-~ ,"~-" ,. -~ . . B?L ro<=r'l-rif" utilit.i.es In::. IN !HE COURT OF COMMON PLEAS OF CUMBERLAND cauNTt', PEmlSYLVA",'UA \>5. D3.Vis Gtee:lt:I::u<3e In::. NO, 01-1540 CIVIL 19 RULE l3l2~1. The Petition for Appointment of Arbitrators shall be substantially ~ehe following form: P!TITION FOR APPOIN~ENT OF ARBITRATORS TO THE liONORA.8LE, THE JUDGES ot SAID COURT: kJl:h:ny p, KI:zywi.dcL , counsel for the plaintift/~ in the above l. 2, action (or actions), respec:tfully represents that: The above-captioned action (or actions) is (arej at issue, The claim of the plaintiff in the action is $ 5553.98 TIle counterclail:l of the defendant in the action is $0.00 / The following attorneys are intetesced in the wise disqualified to sit as arbitrators: case(s) as counselor are other- Jeo:v A. ~ l/llERE:E'ORE, your petitioner prays your Honorable Court to appoL'lt thrae (3) arbitrators to whom the case shall be submitted. Respectfully submitted, . ORDER OF COURT AND NOW, 1~:J /3 . " ~~.2.. in consideration of the fougoug petition, ~ ~~~A1A~~'?/"'/U'........-ESq., utC~~~ ~/ Esq., and ~d/~ ,Esq., are appointed arbitrators in the above-catlcioned action (or actions) as prayed for. By the Court, P. J. ~~'"'-IIr4lilJ:~HIill-ii'~"'~ -"":'"'"-'.~"",".~tiJlii01?&~~iw!r&'Iiii1<I~~~_ d,cl Jtt~J I!II! N fr- ....... t..J -- f'" ~ . '",~~'- .ii-_' ~ ,_ "'~.. <'--'=-'1, (:) 1f- "'<l ....... .CI) 8 ':!) -) '-O~ my \/:t\]V/\!i\Sj\!l'<Jd }J~ f<~:'~-) r r'.:->'-:~~--8VW~O ~"'\ ::: 'i :C1 .~, I -, ,Ji~ c::-s ~- m_ _ ...,,".. =o'O\,.~_"''''',~~,'"' ' ~_", . _~_~ G c::: z~- -,1:)1-;:--. {~}(:- 7 0; ~~~. ~F; ---c z ::J , - ~.,"~ ': c=- t",,} ".:.:.) (~, : .'T,) :-,,) .. .' :-::~ s:; -~ :J'"J <:) l@ ,~~' ,r . ,,~ ~" " , " "i:l:~ . ...... '" PPL ELECTRIC UTILITIES CORP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVIS GREENHOUSE, INC. NO. 2001-1540 CIVIL ORDER OF COURT AND NOW, this 19TH 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 mocion within twenty (20) days of service. (3) The motion shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within forty-five (45) days after Respondents'file an answer. (5) Briefs shall be filed in chambers on or before SEPTEMBER 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. "" ,I .' . Anthony Jerry A. :sld - ~ -'>' '-, Edward E , Guido . ~Udge L~~oY ~ ,-"~~ " - '-:-: -',- =-~ ',) P. Krzywick' l, Esquire Weigle E , squire " dJi' ~ !. , .,-- L, . ~" ~'" ... ,. ~, ,.' , '.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff Civil Acton - In Law vs No. 01-1540 Civil Term Davis Greenhouse, Inc., Defendant ARBITRATION ORDER AND NOW, this day of petition, it is hereby ordered that ,2001, upon consideration of the attached 1. A rule is issued upon the Plaintiff/Respondent to show cause why the Defendant/Petitioner is not entitled to the relief requested; 2. 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; 4. All proceedings to be stayed, including the Writ of Execution issued May 23, 2001, pending consideration of this Petition by the Court; 5. 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: J. Anthony p, Krzywicki Attorney for Plaintiff 49 North Sugan Road PO Box 505 NewHope,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 \i-\;;<~, ~"~ " .~ .~ ,.c_"' -,--, '''-~ 'n, ".''_0'.'_'7. ~-i_-,,', ,-, ;~,,!i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp" Plaintiff Civil Acton - In Law vs No, 01-1540 Civil Term Davis Greenhouse, Inc" Defendant 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. W eigle, Esq~ire, respectfully petitions this Court to open the default judgment entered upon praecipe of Plaintiff, PPL Electric Utilities Corporation, and avers as follows: 1. Plaintiff colll1l1enced this action on March 16, 200 I, 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." 2. On or about March 19, 2001, the Complaint with Notice to Defend was served upon the Defendant. 3. 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. 4. 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. 5. 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 ofIntention to Enter Judgment by Default. 6. 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 performed during the second week of April. 7. 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 , ,. ~~~ ~ " ~ <', , ., " -l- - _.~ . _"C,__, H_ "."" "-', '~>'~" ;..::;". '-'.' " ." i ' '- - I;': 9. Default judgment was entered on May 14, 200 I. 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 ofIntention 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; 2. 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 Exeqution upon opening the default judgment. Respectfully submitted: WEIGLE, PERKINS & Jerry A, Wigle, Esquire Attorney I.D. #0162 Joseph P. Ruane, Esquire Attorney I.D. #71577 Attorneys for Defendant 126 East King Street Shippensburg, P A 17257 Telephone (717)532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - sHIPPENsBURG, PA 17257-1397 '- '.~ . -~ . ',.1'.', . 0 ,,'- _ ,(;..,---~- 0 'e. -"'~,-, .,., cc"._", .. - "-i~,:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff Civil Acton - In Law vs No. 01-1540 Civil Term Davis Greenhouse, Inc., Defendant 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. S 4904 providing for criminal penalties for unsworn falsification to authorities. Dated: G - J I - fJ I . ~iAfl- WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 . '-, ',. M'-'f 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utillties Corp. Plaintiff vs Civil Action - In Law No. 01-;",(40 CUlf-~J)--Y'I Davis Greenhouse, Inc. Defendant ARBITRATION 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 WARNED THAT IF YOa FAIL TO DO SO THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/ (800) 990-910 --. ";'" T .....~s v~.~ ~~~J IS ----- E COPY FROM RECORD ttl. T ~ wilocilOi, I tloafa unto Sit my hani 4lIIii tM _ iii 3<Uij Cooit at Carlisle. Pi. ~ /f-~,!:!~1f3_ti~ '1)~' /:?// '", - r, /17... -..y ~ ff ~,. J tdtl,onuhy t'l hi \)r'\- " A" - , , I , ",' - -"--"'''01':;' ;,,,' ~ '0,',' 1742PP In the Court of Common PleasJof CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs No. Davis Greenhouse, Inc. Defendant 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 17257. ........~ ~, "-~- - c'.. ~ -~.;, = COUNT 1 PPL Electric Ut~lities 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. ~ ~< ,.. J_' .--. x'd':';::: 1742PP 8. Defendant is in default ofhisjher 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 $ 45.50 $ 100.00 $ 5553.98 Respectfully submitted, Krzywicki and Associates DATED: March 9, 2001 By: Anthony P. KrzYWlckl 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for plaintiff Attorney I.D. 23754 " , - d :. ~ - " -"-,,.-"&,_, "f, ~ ':-~! " 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 unsworn falsification to authorities. PPL Electric Utilities Corp. DATED: March 9,2001 By: Anthony P. Krzywicki "".... "' "il.o-: ,',' "-, __. _ - ~, 0, ". . 1742PP , STATEMENT OF ACCOUNT Davis Greenhouse, Inc. establis~ed the following accounts with PPL Electric Utilities Corp. with the foliowing balances and charges: Account Number / Service Address Abct Type Service to: Balance =========~====================================================================== 28755-27201 E 103 Hammond Road Shippenburg, PA 1725~ / / $4328.48 Total Delinquent Balance: $4328.48 EXHI ~ -~II ,- -""'- 'w.o_, Co"~ --'. """-Y'-',' ~'_ "j~:; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff Civil Acton - In Law vs No, 01-1540 Civil Term Davis Greenhouse, Inc" Defendant 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 Plaintiffs Complaint as follows: 1. 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 problems of the Plaintiff and strict proof to the contrary is demanded at trial. 2, Admitted. 3. Admitted 4, Admitted. 5. Admitted. 6. Denied as stated. Plaintiffs 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 Plaintiffs mechanical and/or computer problems. When a bill or bills for the period in question were fmally generated by the Plaintiff, they were immediately questioned and objected to by the Defendant. b1-h,b.-\ "b" WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS All LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 0"" " - ~. --~. , ~_' -,~' 'C_>,' ,-,__;""",,~",\..;':.'~;i:;,,,,;,,___:,'.",.. "'; . 7. 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 in 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 qeen 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 I 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 to the Plaintiff. Respectfully submitted: WEIGLE, PERKINS & ASSOCI ( A. Weig ,Esquire Attorney LD. #01624 Joseph P. Ruane, Esquire Attorney LD. #71577 Attorneys for Defendant 126 East King Street Shippensburg, P A 17257 Telephone (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 Civil Acton - In Law vs No. 01-1540 Civil Term Davis Greenhonse, Inc., Defendant ARBITRATION VERIFICATION 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. Dated: G-JI-fJl q]J4)Q WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 "~ ,-,.,-, , -; ,~-- . ,-~_~,;~::c._;_i,;_-~-j ',_',',' "__";~;;",,~ . . . ' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp" Plaintiff Civil Acton - In Law vs No. 01-1540 Civil Term Davis Greenhouse, Inc., Defendant 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 ofPa 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 WEIGLE, PERKINS & ASSOCIATES Date: {;/ /'2-1 0 J I RRY A. IGLE, Esquire ttorney for Defendant 126 East King Street Shippensburg, P A 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~~J~&~lIliif#ii"'!tlli...lOi!i!tlfjOlJ~~llI~j'h.t!ilil~~~<\4,lI,,~K.i!Jk-l!!itW!M~rn:Zllll.--ti.JiIr~:7rTrrildlu1~';';~ , . .~ C..,. .v , ....,"~ ~ . .,., ~~"_'" ~." .-".,.<<.>.,-,- '.~- ."'-" " , 'jJ:ll1'iI'-~~--'-'''"''''-'''''' >'- ""._, --'-' ~;. o c: $: -on.,1 92 ~~.~; z:~-- C{) -',. -<,.,;'. C:C.J ::-- .E;Cl ~Cl >~ =< . - . c... - ~""'i C) o '-l~t f;.~ :z " P....J ,"-' r-- tn ..., """ :'< ~ .- "" ., -~, '-, " ~ -. ~.--" lJ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff Civil Acton - In Law vs No, 01-1540 Civil Term Davis Greenhouse, Inc., Defendant ARBITRATION AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND 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 Attorney Anthony p, Krzywicki, attorney 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 NewHope,PA 18 Sworn to an.d SUbscI'l, ".bed before me this J) day of ~ ,2001. ~'~:'" J..7~ Notary Public NotariaJSeal . PaMdaLTome.No~pu~c ShippensburgBoro, CumbeilandCounlY My Commission Expires June 7, 2OQ4" '.. '" -'" __ (' '. '" vl~i'l " . \ '''/1''"1.> /",; ,,? -,' - ~ I':":' "~ '.;-~ "';t-.- .,'~"""'-(fl' .:'; ~;~~~ t',. . "'. '.', co." '(;;' - \.:;~~::;~.~~~ ~-<:'. " """ _\, ,-\~-: le.'-' ".,~ WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT'-'L..;~';';:,~,:~~\.eAST KING STREET - 5HIPPENSBURG, PA 17257~1397 ~~l!aM;_~.i.4;l&l!~--'I!i1MW~ri:U~~~'4..:t~~iill!Cl'lliIDill~IMW .f'J' ^ .t:.JLllIUJIII! .....~ _.~-",,-~P<' ,,~,.,p_--,- " ~_ "_ <.0 __ __" r", - . ~-" ~-JaJ.lliL!ll:l- '" 1I!t:r""'-~ 1:&:..1 do - -'," Lr-, w:; ."" ' .'," ~,~ ~ .. "- PP&L ELECTRIC UTILITIES, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVIS GREENHOUSE, INC. Defendant 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: I. 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 I. 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 vacate 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: r -(3-0 J &" " -. - , ~." ; ~. ,---~ ~ - . - fi~, ANDREWS & JOHNSON Attorneys at Law tO~l1' 78 West Pomfret Street Carlisle, P A 17013 TAYLORP. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 January 7, 2003 Anthony P. Krzywicki, Esquire 49 North Sugan Road PO Box 505 NewHope,PA 18938 Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 RE: 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 determination 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 f1!ed, a Default Judgment and a Motion f1!ed 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 f1!ed 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 return this me to the Prothonotary at the end of January with a request that my appointment be vacated. Sincerely yours, ANDREWS & JOHNSON EXHIBIT Taylor P. Andrews, Esq. .~ "' "' l!l / TP A:ss c~4;.,:i!;t;j,,>1/H;(t~Btrti,;..;!ij,j;^,~~,IIH;.u,fr',&j@.:~lil&H',~l,~;,if&iilI.fu~ll!i:Bti;@~i~~'i\Jr@jJiii;P.!iIlf~"~ .....Iitli8M~Bll!~. "kJttlmnU "-""".,,,,,,',.v' ,-,,",,,~,,-, -,"--,,",_c,~ -~,,-. .,',." ~n ~-II-QJ ~. ,-, ~ > ~- ~ ~. fflj.. ~=- 0 c.:) ,<- ~ C) ,::...-1 n -"Jc- :1;:J1I W(1:' Z,:':';_', .<-c~ UJ .[.: -/ ~ C c- (-:' ;~?: ~- C) LD C '-< 2:: ~ :<: to -< r:;; ~ ,- ~ ~----........-"~" "".-," Hi ,'c_ PP&L ELECTRIC UTILITIES, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW / DAVIS GREENHOUSE, INC. Defendant NO. 01-1540 CIVIL t ORDER OF COURT AND NOW, this ~ day ofJanumy 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 $50.00 for his services as Chairman of the Board of Arbitration. BY THE COURT: , , .-, . JtilMi1,l~~~~!~%;m~~~'0'4'Nj'ihd~%t~Mi~i~'" '~ ~~~~tl,j'tl"~,":al~~ ill!jj$~~ ~~~'''-'- --~Q~=~,\"'" " ~ ~ i ""-<::, iT 'C: ~, . t" ';'i \:'0 fl~' ~~ t,rf ~ V1N\f^lASNN3d AlNnoo G~,!Vli:J38Y'ln:) CS:g I"~ 22 NVr SO ::JO "(~,i 'r',',_~_,_i AtlVJo, ~'in, L,.;'J;~". j ''1t'\l! '/"l-O-j 'I." .:IJ:;.;::H.... "^ '..' _"'~_~ ,_"t~, , -=~" =~~ __~ _">A..~^"____ - "', ,---~ ~- _, ~ J ~. '" ,-'--,"'-'--'. -" -"~--- ~\\, ~ " 'l' - - ""' ..'< -~. .', 1742PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electrlc Utilltles Corp. Plaintiff vs Civil Action In Law No. 0/- /S46 C0J.../~ Davis Greenhouse, Inc. Defendant ARBITRATION 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 WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/ (800) 990-910 "-~ - ~,",," --" . -"~.: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp., Plaintiff Civil Acton - In Law vs No. 01-1540 Civil Term Davis Greenhouses, Inc., Defendant ARBITRATION PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter the appearance of Weigle, Perkins & Associates on behalf of the Defendant, Davis Greenhouses, Inc. Dated: C/I2-/0 / , WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, P~ 17257-1397 ..; ,-- ~(,; :d..jOJ' ,:,;, ,;;C ',. .>__' "t:\ " ., . ''',;';''~''1.l''",""",;",>,I"ii,. 'I" , ~.I ,;: I',: :Lilj :"",,,'L;,~,d;i;,j)t' ,; ~,~i :1;,.1 b, .'J i. ,., . ~~ ,c" OFFICE OF PROTHONOTARY Cumberland County Carlisle, PA 17013 Date UA"~. I~ This is to notify you that -r:r (}~1A "M Esq. has been appointed by th Court of Common Pleas as Chairman, Board of Arbitrators to :case # 0/- /,j'YO (11;;.) ~........, 1'1' JUO.... . o~ s /l _, nlO J ~ .J;J Jlj6UFFICIENT ADDRESS . -'TTEMPTED NOT KNOWN 0 OTHER o NO SUCH NUMBER! STREET o NOT DELIVERABLE AS ADDRESSE'D . UNABLE TO FORWARD, , r. LI / ~~. 7 ./.-' ~G I :y "' j -" -'t ~;,;,~' WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 January 10, 2003 Taylor P. Andrews, Esquire ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, P A 17013 Re: PPL Electric Utilities, Inc., v. Davis Greenhouse, Inc. No: 01-1540 - Premature Appointment of Arbitrators Dear Taylor: I agree wholeheartedly with your analysis with respect to the above-captioned matter listed for arbitration. In fact, this is exactly what I pointed out to Attorney Krzywicki's office last year, but a Motion for Appointment of the Board of Arbitration was filed nevertheless. This will, in all probability, become moot as it's my understanding that the defendant has filed or will very shortly be filing a voluntary bankruptcy petition. JA W:plt cc: Anthony P. Krzywicki, Esquire Mark Davis ANTHONY KRZYWICKI . 'cO ~L>"- . 215 882 4898 " ~ - . ,-" ,,'" 01/10/08 04181pm P. 001 kill'''' ~ - KRZYWICKI & ASSOCIATES January 10,2003 Facsimile: 717-243-0061 4 pages faxed Taylor P. Andrews, Esq. 78 West Pomfret Street Carlisle, PA 17013 RE: PPL v. Davis Greenhouse, Inc. Cumberland County, No. 01-1540 Dear Mr. Andrews: Attached is Defendant's Answer to the Complaint, which was represented to me as having been filed by Counsel for the Defendant. Also attached is a letter from Counsel referencing an Order from Judge Guido dated July 19, 2001. I am at a loss to explain why neither were discovered in your review of the docket. Thank you for your assistance. cc: Jerry Weigle (fax) 717-532-6552 PO BOX 505 . NEW HOPE, PA . 18938 PHONE: 215.861.4390 . FAX: 215.862,4393 Jul 2'0 01 10: 5"" i! ft II II 'I 11 II II II III: PPL Electrk Utifities Corp., Plaintiff V5 II I Davis Greenhouse, IDe" I Defendant II I, ,I II II II II !, Ii II " II " II I II II I , il 'I II I, II r , I " , . .l. t, ~ ffl "'- ~~ ""'i[ ANTHONY KRZVWICKl 215 882. 4888 W~lgl~, ~erkl~5 and Assoc 1.'71';'\ 532".55.52 1".1 IN THE COURT OF CmU"WN PLEAS OF ClMBERLA.."ID COUNTY, PENNSn.VANlA , i i " , I I i i ! i I I I I Chil ActOR -In Law No. OI-1S4G Civil Term ARBITR4. TION ,:\NSlVER TO COMPLAINT AND NO\V comes DaVIS Greenh(luses, Inc., the Defendam illlhe above-captioned matier. by and through I its attorneys. Weigle, Perkins & AssO\;iale$, and answers the Plaintiff s Complaint as foliows: ! I I ! 1. Admitted in purt. l)enied in part, I It is admitted that Defendant owes Plaintiff a slim yet to be determined lor electric service prcvidedw the I Defendc1n1 for the time period February 1999 through June i 999. It is denied that J,:curnte billings for the : t~me ~ri~d in question we~e cI'er prepuredan? forwarded to the Defendant due to computer problems of II me Plamt!ff and stne! proof 10 the ;olllrary ',s tlcrnanded at triul. ' 2. Admitted 3. AJmirted 4. Admitted. 5. Admitted. (), !},,"ied as ,t:llcd, J I'lllintijf S records ar~ not accurate due to mechanical and/or computer problems ,,1' :h~ P!a;ntiff during Ihe i time period in question. By way of [utther answer, monthly billings Ie/the perIod in ql.iestion were nut, > I generated bytl1e Plaintiff nor f~rwarded:o t~e Defe~danl due.to Plaintiffs mechani,ca~ and.'?: c~.m~ute: I il,'1 problems. When a bill or bills tor the period m queslloll were lmnlly generated by rhe P,alnlllf. In., .,er" , imm~dintt='I\,p i1l1,......i....f'\.....l ..._...J .,l..;..___ I. ,..... ,. '."""""" Jul 25 II' I I i I j II II 'I Ii , ",i~.j h "' '~. c-, _~ ,;, '. ", o-J, ""liIji1;: AN~ONY KRZYWICKI 216 882 4888 01/10/08 04181pm P. 008 01 10:57a W~lg]~. Perkins and Assoo 1'7171 532-6552 p.;: .. '. Admitted in part, Denitld ill pat!:. i , , I \ II is admitted thai eb:trie utility service was supplied by the Plaintiff ~o the Defendant ror the time period I' i;1 que~tio~. It is specifically denied that Plaintiff supplied to the Defe~dant the amollllt of electric power for whIch It was billed and stnet proof te the contrarj IS demanded at mal. , 8. I I Denied as stated. I I D&ndanl could not possibly make payment on accurate billings which were never received and has been I attempting to negotiate a fair and equitable settlement of this case to date. but to no avail, , j j ~ I; Admitted ill part. il Denied in part. i I, It IS admitted thai demand has been made for an outrageous and inaccurate sum of money for electric! ,I usugeand that payn1cm of such sum has been refused. By WilY of further answer, Defendant has I I' attempted to negotiate and pay lr. full a fair tlnd just amount but to no avaiL i il 10, I i "'.""''',ro'P'''''' "ad" by ""=~ :~:~.::: _, , """"'.'" <h, C,m,""". I " i I I ; II Ddi:nJant incorporates herein by reference therelo answers to Paragraph, 1 through 9 ot'tl1c Complaint. I II ',vHEIU:.FORE, the Dctendun! respectfully prays Ihat this H()norab"~ Ct'urt deny the relief sought by the: ~ PluintilT in this action and tind in favor of the Defendant and dismis~ said action w'!th prcjudkc Ie the I II Plaintili: ! " r : ;1 I I I II. Denied. Respectfully submiucd; WEIGLE, PERKiNS & ASSOCIAT I I !I Ii !I ;~ ( \ a \ 1"- \" :/:J. \, ' 7rry A. Weigle. Esquire Attorney LD. #OI6~.j Joseph P Ruane. Esquire Attorney 1.0, #i1577 Attorneys for Defendant. 126 East King Street Shiooensburl!. PA 17257 I I ! ( , ; II """~" - - ~, ANTHONY KRZYWICK! 215 882 4asa l~'_." ~~ '- ~ '- "''"'--- ~ "'---~ "- --;::;,~ "'\Iii!i 01/10108 04181pm P. 004 Sl!p 20 01 03:501" Wl!ic:ll!, Perkins and Rssoc (7171 532-6552 1".2 WEIGLE~ PERKlNS & ASSOCIATES Attorneys-at.Law ll6 FASt K1~G STREn SHIi}I)f.~:5BrRG, Pli~~.s' LVA~tA 17257-JJ97 TEI.Ei'HONt-: (717) S32.73~8 01" ("717) 7"/6-*29S rA.'{ (717)531-6551 .If:Rlty ,', WEIG'" [)A Vf.I) P. I'ERKIN, Ass,willle JOSEPH P. ~l;A~E September 20, 2001 Oftice of the C,'Url Administrator Cumberland COUnty CourthQuse Carlisle, P A 17013 Attention: Tmyn Re: PPL Electric Utilities Corp, v. Da",,,' C'rcc'lhol1~e, Inc. Dear Taryn: As no answer has been filed in the above captioned matter and negotiations to settle the matter continue, counsel have agreed to list the case for argument, if necessary, pursuant to paragraph 5 of Judge Guido's Order of Court dated July 19,2001. Therefore, no argument in chambers wiH be necessary on September 24, 2001, at 9:00 a.m, Very tm.ly yours, (GLE. P~7t;;;;~/v4M Jh 6 JA W:rrw Cc Honorable Judge Edwa.rd E. Guido Anthony P Krzywicki, Esquire ~..... ,--', . , ,., " , J_ ~ ~ ": - ANDREWS & JOHNSON ~ ft.. ff5)", Attorneys at Law ~ 'VI r u 78 West Pomfret Street Carlisle, PA 17013 TAYLORP. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 January 13, 2003 Anthony P. Krzywicki, Esquire 49 North Sugan Road PO Box 505 New Hope, PA 18938 Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 RE: PPL Electric Utilitites, Inc. vs. Davis Greenhouse, Inc. No: 01-1540 - Premature appointment of Arbitrators Dear Counsel: Thank you for responding to my letter of January 7th. I enclose a Motion which I am filing with the local Court to vacate the appointment of arbitrators. Sincerely yours, ANDREWS & JOHNSON Taylor P. Andrews, Esq. TPA:ss Enclosure - l'_, L "" ~ '!Iii,,'. ANDREWS & JOHNSON Attorneys at Law CO~y 78 West Pomfret Street Carlisle, P A 17013 TAYLOR P. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 January 7, 2003 Anthony P. Krzywicki, Esquire 49 North Sugan Road PO Box 505 New Hope, PA 18938 Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 RE: 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 determination 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 1 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 return this file to the Prothonotary at the end ofJanuary with a request that my appointment be vacated. Sincerely yours, ANDREWS & JOHNSON TaylorP. Andrews, Esq. TP A:ss 1- " , " --~ ,'~,",," {ii t ", , r COURTOFCO~ONPLEASOFCUMBERLANDCOUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF,EXECUTION PPL Electric Utilities Corp. Plaintiff vs. ( ) Confessed Judgment (XX) Other 0/-/$1/0 PikN<J.: $5553.98 - ~k.i. Am.;l\lnt "9tte: $666.48 - '::r.,)'i ~fj-... ~ Interest: $ Atty's Comm: Costs: $ Davis Greenhouse, Inc. Defendant 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 l;Iinended. Issue writ of execution in the above matter t0the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant( s) All property belonging 'to Davis Greenhouse located at 103 Hammond Road, Shippensburg, P A 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). o (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 PA 18938 ~i~ffil.~~~~n;~"!!.,'Vlg~WJi.-,kI;j~~:i~~.,s;",,~+,.,,,'O',:;;j&'i,r,;"'1,~'_kl;'I~'10H;Il~lF.i:iIlJllJlil!t~~61~J.Vl1 - ~'.~"~~~I ~ -) p ...... + ~ i .fIJ. ~ :--... -, "'- D c...., ""'- ....} ..... 0 E ~ t:J ~ ~ ~ ~ t" L ~ , ~~~ ,~~ ,,' '. ~ w ~ '" - , --~., ,',~,- ~ -. '" '. , , - ;;;-O~~ ()c~~ ceO ...... j I , ~ ~ .. ~ :: ~~ p ~ , ~ 0 () 0 ~-:cJ * f ~v~ . -..:t- ... .. . ~ ~ ~ ... ' "h' .'f'. ~ ~"', ~ , ~ ,-'.',', ,," ." ) '\ f I' () () C --n ..,; :J!;: ~ -00:' ::~!"" fTlrT_ -: -/,--<' ~"-' , ,~~" ' zc m2:' c-'~ '.- "< "'- ,:;) ~C) ~;:JO>- , +1 ).--"r~ - Co-) z~.i , -::Cl 5 6 In )> -. 'C .-, :-l "'-- 0,) ~ ~ (Ti t If Vf'~ 1"- ~~ . ~ u~ ~ ,..j' ~ r fZ~ -~~~ , , ~." ,~ .~ ." ,- ~,'~ _.~. ,.- ..' ~ ". ....- =, ~'J:ilfil~.I~lilIP"~'-' ~' _~i ( .... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1540 Civil 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, 1Ne., 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, SIDPPENSBURG, 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, yon are directed to notify bimlher 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 % Atty Paid $237.61 Plaintiff Paid Date: MAY 6, 2003 L.L. Dne Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon:ae 2 ~ -..BY: q.-.A . -;fIAJY. r--- Deputy REQUESTING PARTY: Name ANTHONY P. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, PA 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ill No. 23754 ~ ;tWI ~ ~ r;;;;3 ., "" .~,_. . '< "Ii!~::'; R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED AS PER ATTY. , Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc Surcharge Levy Post Pone Sale Garnishee TOTAL $ 18.00 1.06 1.00 13.80 20.00 53.86 Sworn and Subscribed to before me This~dayof Q,,,, 2003 A.D. ~ f1 ~ ~ Proth notary r , , ,"'I 1"'1 " A..i I,. :JJI(: ! '1;, Advance Costs: Sheriff s Costs: 150.00 53.86 $ 96.14 Refunded to Atty on 06/02/03 So Answers; r'fJe'!vt--t: ~f Rdpomas I9in'J"S~;:;- \.. \ l'ul.d-D..v-..~ . By Claudia A. Brewb er ~ '- ~ <:i - ail C GY;l jj s,~:tJ.f1!iI>!i.M~1i.t;J!~0\;L,:i '"j.,hj;'lJit""'UMrM,F,1!G~1;-fu,~WE.."",a;,,,*.;OJj~,~ ;21,d6~M,,_"' _'. 'c '- '-".cl,"ll'iJil:>,;fJi<!d'Jf;j]!ii!ill<_~bi;I~,.;ir!!~Wllo!ai!/,~""~~.lt;a___~- " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1540 Civil 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, SIllPPENSBURG, P A (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 accOlmt 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 subj ect to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify bimlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5553.98 Interest $666.48 L.L. Atty's Cornrn % Atty Paid $237.61 Plaintiff Paid Date: MAY 6, 2003 Due prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot~ <;..Bv: ~I!J~ e.~AJr.f Deputy REQUESTING PARTY: Name ANTHONY P. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, P A 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ill No. 23754 J) ).JO 0e. 4/DS:J- , J:{K \ {C..,.-. J3PS'l{