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Home My WebLink About99-01442 ,_, t. , \:,~'Jf ';', ..'-,.'< --_...--.--- -.----- PP..... INC. OFFICE OF GENERAL COUNSEL 2 N.lllh lIlREET. ALLENTOWN, PENN8YLVANIA 181.01 {'.,'- :-""<';f:''i:';;;;:)'J'~1~~11f 100' HIRII., Glm" T....T.THI.:~i~i~::~3~~ti~~ 'IU. AND GOIII.Of GO" :O',_TtII,::~"'~J:~~,~: F1L10INTHIIAOTION "': ", "'~''';:''":\~:.:~~.~:~if,~~j .' /q,' ~<~;:ti::fi1~tl IV /J".. ;./J1 f; '. '. ~1R<11"1..' .~. '. "".~;'. i;.~, I .' A~ . . " ., ",.'?!~{!U. .... -, ,'~,' ; >.":,",; ~~i..h-;;' . '~l~. \ \ 9. Defendant has breached the contractual relationship by refusing to pay for the unbilled, but used, electric service at the tariff rates approved by the Pennsylvania Public Utility Commission. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in an amount no less than $9,415.98 plus costs and interest from September 24, 1997. COUNT II 10. Paragraphs 1 through 9 are hereby incorporated by reference. 11. Defendant received unbilled electrical service with a value of $9,415.98 from January 26, 1995 to September 24,1997. 12. Defendant has not paid Plaintiff for the unbilled electrical service, service. 13. Defendant has been unjustly enriched by use of said unbilled electrical 14. Although demand has been made, Defendant has failed or refused, and continues to fail or refuse, to satisfy this account. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in an amount no less than $9,415.98, plus costs and interest from September 24,1997, PP&L, Inc. By: (/~A-?')'(, (',. 1r ~;;r Augus us C. Martin, Esquire Attorney 1.0. No. 46245 Attorney for Plaintiff, PP&L, Inc. PP&L, Inc. Two North Ninth Street Allentown, Pennsylvania 18101 (610) 774-4306 - 2- CERTIFICATE OF SERVICE I hereby certify that I have, on this 9th day of March, 1999, served the attached Complaint to Defendant upon the following person by first-class mail, postage prepaid: Stephenson's Flowers, Inc. 143 South Locust Street Shiremanstown, PA A"tJ . C.A2I.?\.U/~ '-J'-t1L1./~i}t, Frederick E. Lewis Senior Claims Coordinator PP&L Inc. f 00 2 -a., 0 ~ 0- f;:, cn fa ill F: l;: ~.:; ('.~ , It ,r-' ~-~ c.: , -=Ii '+l ~ ,~. ..': 'J \D ~~.: ~"" -:t 6 r:L (::' l.',l ~ L:~l I , ,.. c' .~-.:) co (I" (.) Johnson. Duffie. Stewart & Weidner By: Michael J, Cassidy 1.0, No, 82164 30 I Market Street p, O. Box 109 Lemoyne. Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Defendant PP&L, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-1442 CIVIL ACTION - LAW Plaintiff v, STEPHENSON'S FLOWERS, INC., Defendant NOTICE TO PLEAD TO: PP&l, Inc. c/o Augustus C. Martin. Esquire PP&l, Inc. Two North Ninth Street Allentown, PA 18101 AND NOW, this r day of April, 1999. you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: r ! Ji Johnson, Duffie, Stewart & Weidner By: Michael J. C'lIssidy I,D, No, 82\64 30 I Market Street p, O. Box 109 Lemoyne, Pennsylvania \7043,0\09 (717) 761-4540 Attomeys for Defendant ,. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.1442 CIVil ACTION - LAW PP&l, INC" v, STEPHENSON'S FLOWERS, INC,. Defendant ANSWER AND NEW MA TTER 1. Admitted, 2, Admitted, 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 5. Admitted In Part. Denied In Part. Defendant admits it has refused to pay Plaintiff for the unbilled electricity referenced in Paragraph 4. However. Defendant denies it actually used the unbilled electricity, as alleged in Paragraph 4, and strict proof thereof is demanded, Count I 6. Admitted In Part. Denied In Part, Paragraphs 1 through 6 hereof are incorporated by reference herein. 7. Admitted In Part, Denied In Part, It Is admitted that Defendant has received electrical service from Plaintiff, The remainder of this averment Is denied In that after reasonable investigation. Defendant is without knowledge or Information sufficient to form a belief as to the truth of this averment. 8, Denied. Defendant had a bilateral agreement with Plaintiff whereby Defendant was required to pay Its electrical service bills in a timely matter when and as correctly submitted, Furthermore, Plaintiff had a reciprocal duty to provide and maintain electrical service In a reliable and workman-like manner, 9, Denied. Defendant satisfied Its obligations under its contractual relationship with Plaintiff by paying for all electrical service properly invoiced In a timely manner. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment Jn Jts favor and against Plaintiff in this matter. Count II 10, Admitted In Part, Denied In Part. Paragraphs 1 through 10 hereof are incorporated by reference herein. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 12. Admitted In part. Denied In part. Defendant admits It has refused to pay Plaintiff for the unbilled electrical charges. However, Defendant denies it actually received the electrical service as computed by Plaintiff, and strict proof thereof is demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that it received or used the alleged unbilled electrical service, That Defendant was unjustly enriched is denied as a conclusion of law to which no responsive pleading is required. 14, Admitted in Part Denied in Part. It is admitted that Defendant has refused to pay for the unbilled electric service as claimed. It is denied that this constitutes refusal to satisfy its account for the reasons set forth in Paragraphs 1 through 12 hereof, which are incorporated by reference herein. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment In Its favor and against Plaintiff. NEW MATTER Count I 15. Paragraphs 1 through 14 hereof are Incorporated by reference herein. 16. In Pennsylvania, an action upon a contract must be commenced within four (4) years. 42 Pa. C.S.A. !j5525. 17. Plaintiff alleges in its Complaint that Defendant received un billed electrical service dating back to January 26, 1995, 18. Plaintiff commenced this action on March 11, 1999 by filing a Complaint In the Court of Common Pleas of Cumberland County, 19. Plaintiff is limited to recovering unpaid electrical service bills dating back to March 11, 1995 by virtue of the four year statute of limitation, as referenced in Paragraph 16 above. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff. Count II 20, Paragraphs 1 through 19 hereof are incorporated by reference herein. 21. As a public utility, Plaintiff has a duty to provide electrical service in a reliable manner and to inspect its electrical hardware and equipment on a regular basis. 22. Plaintiff failed to inspect on a regular basis its electrical hardware and equipment and failed to accurately measure Defendant's rate and volume of electrical usage. 23. Because of its failure to inspect on a regular basis Its electrical hardware and equipment and its failure to accurately measure Defendant's rate and volume of electrical usage, Plaintiff induced Defendant to >- 1:', >- a; -:1 ~ ~ ~ ::).-1" LJJ~.? ();;) &tt~ ~t= ~.J~~ - 'J c~ '-.':"~ Eli- .'">- 8' en : 'in .-. "';:: w.-.'_. I <~: --JL, . C::: 1:I,U G:., '"- :~~~ f'.; "'" ". en ::3 0 en U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW PP&l, INC. Plaintiff No. 99-1442 v, STEPHENSON'S FLOWERS, INC. Civil Action - law Defendant Plaintiffs Answers to Defendant's New Matter: COUNT I 15. Plaintiff incorporated 1 through 14 of its Complaint by reference. 16. Denied. Conclusion of law to which no response is necessary, By way of further response, Defendant is permitted to raise a statute of limitations defense, however, Defendant is not required to raise any affirmative. 17. Admitted. 18. Admitted. 19. Denied. Conclusion of law which no response is necessary, COUNT II 20. Plaintiff incorporates 1 through 14 of its Complaint and 15 through 19 of the Answer to the New Matter by reference. 21. Admitted that Plaintiff has a duty to provide electrical service in a reliable manner. The remaining averments are denied as a conclusion of law. VERIFICATION I, Donald W. Weaver, hereby state that I am a Revenue Protection Specialist for PP&L, Inc. (f/kla Pennsylvania Power & Light Com.), Plaintiff herein an am authorized to execute this Verification on its behalf, The attached Answer to New Matter by Plaintiff is based upon information which PP&L, Inc. has furnished to its counsel, and Information which has been gathered by counsel in the preparation of the lawsuit. I have read the Answer to New Matter and to the extend that the Answer to New Matter is based upon information which personnel of PP&L, Inc. has given to its counsel, is true and correct to the best of my knowledge information and belief. To the extent that the content of the Answer to New Matter is that of counsel, I have relied upon counsel in executing this Verification. Is further understood that all statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. f)J aJ ai,~ Donald W. Weaver Date: April 21, 1999 >- Ct' r:,~ c"', (. . '~ .-, t' ..~ c:: ~/ (:1 (.., .. --. 'I." C" t ,.n ;11 c"": '.' 1;';' ,.'j, C ~J 1;., C. i,.l.4 0" I.. c:::"" ~'-1 (.. U a '. j - .. " !' , f' ( I I i l I I I