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HomeMy WebLinkAbout03-3358In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS. Robert Fulton Jr. ECD Services Inc. Verizon Defendants Civil Action - No. - ARBITRATION In Law COMPLAINT NOTICE YOU have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are W~RNED THAT IF YOU FAIL TO DO SO THE CASE FLAY 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 C~uNNOT 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) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Plaintiff VS. Robert Fulton Jr. ECD Services Inc. Verizon Defendant Civil Action - In Law No. ARBITRATION COMPLAINT 1. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out ora vehicular collision which caused damage to property owned by Plaintiff. 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 Two North Ninth Street, Allentown, PA 18101. 3. Defendant, Robert Fulton Jr., is an adult individual residing at 857 Morres Mountain Road, Lewisberry, PA 17339. 4. Defendant, ECD Services Inc., is a Pennsylvania corporation doing business at 405 Sterling Street, Camp Hill, PA 17011. 5. Defendant, Verizon, is a foreign corporation doing business at 125 High Street, Room 1038, Boston, MA 02110. 6. At all times 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 Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT I PPL Electric Utilities Corp. vs. Robert Fulton Jr. 7. Defendant, Robert Fulton Jr. while operating a vehicle and collided with and damaged property owned by Plaintiff. 8. Defendant negligently operated the vehicle in that he: a) operated said vehicle at an excessive rate of speed under the circumstances; b) failed to have said vehicle under proper and adequate control; c) failing to keep a proper lookout; d) Operating said vehicle in a reckless and careless manner. 9. Defendant struck and damaged a utility pole and overhead facilities owned and operated by PPL Electric Utilities Corp., at the vicinity of 480 Terminal Street, Mechanicsburg., PA on or about June 18, 2002. 10. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 11. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 12. Plaintiff has been damaged in the amount of $6028.80 plus costs and attorneys fees. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $6028.80 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. COUNT II PPL Electric Utilities Corp. vs. ECD Services Inc. 13. Paragraphs 1 through 12 are incorporated as referenced as if fully set forth herein. 14. Defendant, ECD Services Inc. was the owner of the vehicle that hit the active utility pole and overhead facilities. Defendant ECD Services Inc. is vicariously responsible for the actions of Robert 15. Fulton Jr. 16. Defendant ECD Services Inc. breached their duty to maintain adequate automobile liability insurance by permitting Robert Fulton Jr. to operate an uninsured/underinsured vehicle on a public street. 17. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 18. Plaintiff's property damage is in the amount of $6028.80. WHEREFORE, PlaintiffPPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $6028.80 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. COUNT III PPL Electric Utilities Com. vs. Verizon 19. Paragraphs I through 18 are incorporated as referenced as if fully set forth herein. 20. Upon information and belief on or about June 18, 2002, the telephone lines attached to the utility poles at the entrance to the parking lot used by the Defendant ECD Services Inc. on or about 480 Terminal Street were below the statutorily required height. 21. The Verizon lines hanging over 480 Terminal Street were the proximate cause of the damage to PPL Electric Utilities Corp. utility pole. 22. Plaintiffhas been damaged in the amount of $6028.80 WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $6028.80 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. DATED: June 30, 2003 Respectfully submitted, Krzywicki and Associates POB 5~, ~ew~ope, PA 18938 215~2-~390 '~--'~ttomey for Plaintiff Attorney I.D. 23754 VERIFICATION I, Anthony P. Krzywicki, Attorney for PPL Electric Utilities Corp., verify that the facts, stated in the foregoing pleading, are tree and correct to the best of my information and belief and that this verification is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unsworn falsification to authorities. DATED: June 30, 2003 lities Corp. By: ~ OBJECTIONS TO COMPLAINT 1. Plaintiff is a corporation with offices at 3311 Drive, Hilliard, OH 43026. Mill Meadow 2. Defendant is an adult individual residing at 155 Salem Church Road, #50, Mechanicsburg, PA 17050. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011-022-1007-9810. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 10, 2003, in the amount of $2372.79. 5. Defendant has made regular payments to Counsel for the Plaintiff, which is the Law Offices of Weltman, Weinberg & Reis Co., L.P.A., 175 South 3rd Street, Suite 900, Columbus, OH 43215. 6. Although the Defendant has requested . provide a reasonable na,,m~ ~ .... that the Plaintiff ~ : =~L ~n ~or the Defendant to repay the balance, the Plaintiff has not responded to this request and furthermore has not fulfilled the previously made arrangements with this Defendant to omit the monthly Over-the-limit fees which would allow the Defendant to pay the balanCe off in a reasonable amount of time. WHEREFORE, Defendant demands the Current payment arrangement, initiated by the Defendant in March of 2003, of $25.00 monthly for the next year, paid to the Plaintiff, until which time the Defendant can increase the monthly payments to $200.00 until the balance is repaid, but is demanding this not to include interest, costs or any of the monthly Over-the-limit fees since the initial arrangement with the Plaintiff. BETH E. (CHASE) FOSTER Beth E. Foster 155 Salem Church Road, #50 Mechanicsburg, PA 17050 717-796-0693 SHERIFF'S RETURN - REGULAR CASE NO: 2003-03358 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS FULTON ROBERT JR ET AL SHAWN HARRISON Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT & NOTICE was ECD SERVICES INC DEFENDANT , at 1525:00 at 405 STERLING STREET CAMP HILL, PA 17011 BRIAN LINSENBACH, GENERAL a true , Sheriff or Deputy Sheriff of sworn according to law, served upon the HOURS, on the 16th day of July , 2003 by handing to COUNSEL and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 8 97 00 10 00 00 36 97 Sworn and Subscribed to before me this .~? ~ day of ~Z~,., ,~/~, ,, ~, o2,~'~ A.D. ' t Prothonotar~ ' ' So Answers: R. Thomas Kline 08/13/2003 KRZYWICKI & ASSO£ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03358 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~D PPL ELECTRIC UTILITIES CORP VS FULTON ROBERT JR ET AL Thomas Kline Ro , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: Sheriff or Deputy Sheriff who being search and FULTON ROBERT JR but was unable to locate Him deputized the sheriff of YORK in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 13th , 2003 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 41.60 .00 66.60 08/13/2003 KRZYWICKI & ASSOC Sworn and subscribed to before me this ~9 ~ day of ~ =2003 A.D. , this office was in receipt of the So answers: /-~ ~ R. Thomas Kline Sheriff of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ PPT, Rl~ctri~ Ufil iti~q C'rw'p. 3. DEFENDANT/S/ Ro~ ~lton Jr. SERV1CE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY UNE 1 THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER 03-3358 civil 4. l~/PE Of WRIT OR COMPLAINT civilComplaint SERVE ~' 5. NAME OF iNDIVIDUAL, COMPANY~ CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~J'ACHED, OR SOLD. Robert Fulton Jr. 6. ADDRESS (STREET OF{ RFC WITH BOX NUMBER, APT NO, CITY, BORg, T~NP, STATE AND ZIP CODE) AT 857 Moires Mountain Road, Lewisberry, PA 17339 7. INDICATE SERVICE: J PERSONAL LJ PERSON IN CHARGE ~rDEPUTIZE ~[f~l~T~k~La n (~,J 1 ST CLASS MAIL [~ POSTED -~ OTHER NOW duly 15 ,20 0__3 I, SHERIFF OFM~IK COUNTY, PA, do h.~eby deputize t~e.~.heriff of York COUNTY to execute this~t~l'~.e, turn,-,,,,-~_~. ~.~-~- ~-- ~..~. ~ ~ the re.~t-~din g to law. This deputization being made, at the request and risk of the plaintiff. "~ "'"~"~-~, c u~,~'~''¢'~''~'~~-L~~~-~" 8 SPECIAL INSTRUCTIONS OR OTHER INFORMA'r'ION THAT WILL ASSIST IN EXPEDITING SERVICE: uumberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of who ' ound in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or re an property before sherifCs sale thereof. 9. TYPE NAME and ADDRESS of ORNEY / O <~IN R and SIGNATURE fO TELEPHONE NUMBER 11. DATE FILED ANTHONY KRZ~ i~ 215-862-4390 7-14-03 C ~?[~ ~1~ L~(~o F ~(~/C~ ~' ~ BELOW: (Thi ......... t b_~co, mpletad if notice is to be mailed). anthony kr~ic~--EP°l"-SPAC BE ,505, new hope, pa ].8938 )W FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14 DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHRENS/,,-/' 7-16-03 8-13-03 16. HOWSERVED: PERSONAL( ) RESIDENCE(a.~Y" POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER(~ SEE REMARKS BELOW 17. [3 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below) 22. REMARKS: · 26. Mileage 39.60 Notary 23, Advance Costs 24. Service Costs 25. N/F Postage 28. Sub Total 30. 75 00 18,00 21,60 27. 29. Pound2,00 31, 34. Foreign County Costs 35. Advance Costs 36, Service Costs 37 Notary Cert~ 38. Mileage/Posted/Not Found 39. Total Costs 41. AFFIRMED and subscribed to before me this llth ,i -- ~. ~ ~) ~ ~ ,~ S~/ERSj ' ~ '~"" E~ r s Ma[ 21 2005 48 SignatureofForegn I My ComrT,,-s~cr~ _ ,pi e ' ' [ CountyShedff OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2 PINK - Aftomey 3. CANARY - SherifFs Office 4. BLUE - SherifFs Office Surchg. 32. Tot. Costs 33. Costsgu.~.~ JC.h_eckN 41.60 $33.40 /~ 40. Costs Due or Refund 49 DATE J 51 DATE RECEIVED 8/11/( DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANTS, Robert Fulton, Jr., and ECD Services PPL Electric Utilities Corp., Plaintiff Robert Fulton, Jr., ECD Services, Inc., and Verizon, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-32;58 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Robert Fulton, Jr., and ECD Services, Inc., in the above-captioned matter. Date: ..,Y~',4 ~ ~_~p..~ By: __ Attorney for Defendants, Robert Fulton, Jr., and ECD Services, Inc. CERTIFICATE OF SERVICE AND NOW, this //~ day of ~'~,~, 2003, 1, Donald M. Desseyn, Esquire, Attorney for Defendants, Robert Fulton, Jr., and ECD Services, Inc., hereby certify that I served a copy of the within Praecipe for Entry of Appearance on behalf of Defendants, Robert Fulton, Jr., and ECD Services, on this date by depositing same in the United States mail, first class, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Anthony P. Krzywiski, Esquire POB 505 Hew Hope, PA 18938 Verizon 125 High Street Room 1038 Boston, MA 02110 By: Donald ~ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechauicsburg, PA 17055 (717) 791-0400 AttomeyI.D. # 69179 ATTORNEY FOR DEFENDANTS, Robert Fulton, Jr., and ECD Services PPL Electric Utilities Corp., Plaintiff Robert Fulton, Jr., ECD Services, Inc., and : Verizon, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3358 CIVIL ACTION - LAW ARBITRATION DEFENDANTS' ROBERT FULTON, JR. AND ECD SERVICES, INC.'S ANSWER, NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. RULE 2252(d) AND NOW, comes Defendants, Robert Fulton, Jr. and ECD Services, Inc. hereinafter "Defendants", by and through their counsel, Donald M. Desseyn, Esquire, and for their Answer, New Matter and Crossclaim to Plaintiff's Complaint hereby states as follows: I. Admitted in part and denied in part. Defendants, based upon information and belief, admit that Plaintiff is PPL Electric Utilities Corporation; however, Defendants, based upon reasonable investigation, are without information or knowledge sufficient to form a belief as to the troth of the remaining allegations as set forth in Paragraph 1 of Plaintiff's Complaint and therefore deny same and strict proof is demanded at the time of trial. 2. Denied. Defendants, based upon reasonable investigation are without knowledge or information sufficient to form a belief as to the troth of the allegations as set forth in Paragraph 2 of Plaintiff's Complaint and therefore deny same and strict proof is demanded at the time of trial. Admitted. Admitted. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the troth of the allegations as set forth in Paragraph 5 of Plaintiff's Amended Complaint and therefore, deny same and strict proof is demanded at the time of trial. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 6 of Plaintiff's Amended Complaint and therefore deny same and strict proof is demanded at the time of trial. COUNT I Denied. Defendant, Robert Fulton, Jr. specifically denies any general allegations of negligence as set forth in Paragraph 8 of Plaintiff's Complaint and responds to each individual subpart as follows: a) Denied; b) Denied; c) Denied; and, d) Denied. Admitted in part and denied in part. Defendant, Robert Fulton, Jr., admits that the incident occurred at the vicinity of 480 Terminal Street, Mechanicsburg, PA on or about June 18, 2002. Defendant specifically denies each and every remaining allegation as set forth in Paragraph 9 of Plaintiff's Complaint and strict proof is demanded at the time of trial. 10. Denied. The allegations as set forth in Paragraph 10 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. 11. Denied. The allegations as set forth in Paragraph 11 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, Robert Fulton, Jr., admits that Plaintiffhas made a demand upon his employer, ECD Services, Inc. 12. Denied. WHEREFORE, Defendant, Robert Fulton, Jr. demands judgment in his favor and against the Plaintiff together with costs incurred herein. COUNT II 13. In response to Paragraph 13 of Plaintiff's Complaint, Defendants hereby incorporate each and every answer, averment, defense and/or denial as set forth in Paragraphs l through 12 as if fully rewritten herein. 14. Admitted in part and denied in part. Defendants admit that Defendant, ECD Services, Inc., was the owner of thc subject vehicle being operated by Defendant, Robert Fulton, Jr. at the time of the subject incident. Defendants specifically deny each and every remaining allegation as set forth in Paragraph 14 of Plaintiff's Complaint and strict proof is demanded at the time of trial. 15. Denied. The allegations as set forth in Paragraph 15 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. 16. Denied. The allegations as set forth in Paragraph 16 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. 17. Denied. The allegations as set forth in Paragraph 17 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. 18. Denied. WHEREFORE, Defendant, ECD Services, Inc. demands judgment in its favor and against the Plaintiff together with costs incurred herein. COUNT III 19. In response to Paragraph 19 of Plaintiff's Complaint, Defendants hereby incorporate each and every answer, averments, defense and/or denial as set forth in Paragraphs 1 through 18 as if fully rewritten herein. 20. Admitted. 21. Admitted. 22. Denied. WHEREFORE, having fully answered, Defendants demand judgment in their favor and against the Plaintiff and respectfully requests that Plaintiff's Complaint be dismissed against Defendants, Robert Fulton, Jr. and ECD Services, Inc. and that Defendants be awarded costs incurred herein. NEW MATTER 23. Plaintiff's Complaint falls to state a cause of action upon which relief may be granted against Defendants, Robert Fulton Jr. and ECD Services, Inc. 24. Plaintiff has failed to join necessary and indispensable parties to this litigation. 25. Any damages or injuries to which Plaintiff may have sustained was the proximate result of acts or omissions of others not presently known by these answering Defendants or their employees. 26. Any damages or injuries Plaintiff may have suffered as alleged in its Complaint was solely and proximately caused by Plaintiff's own negligence and/or the negligence of Plaintiff's employees. 27. Defendants state that if the Plaintiff sustained any damages or injuries, such damages or injuries were directly and proximately caused or contributed to by the negligence of persons other than these answering Defendants. 28. Any and all losses or damages complained of herein were caused by an act of God which these Defendants had no control. 29. Plaintiff's failure to exercise reasonable care caused or contributed to cause any alleged injuries or damages of which Plaintiff's Complaint, and therefore, Pl~fmtiff's claims against these Defendants are barred or, in the alternative, must be diminished by an amount that is proportionately equal to Plaintiff's percentage of negligence. 30. Plaintiffs have failed to mitigate its damages. 31. The punitive damages claimed by Plaintiff are unrecoverable as a matter of fact and law. WHEREFORE, Defendants, Robert Fulton, Jr. and ECD Services, Inc., demands judgment in their favor and against the Plaintifftogether with costs incurred herein. NEW MATTER PURSUANT TO Pa.R.C.P. 2252¢d} DIRECTED TO VERIZON 32.These Answering Defendants, Robert Fulton, Jr. and ECD Services, Inc. hereby incorporate, by reference, and without admitting same, all well-pleaded averments and causes of action as stated by the Plaintiff in its Complaint. 33. These Answering Defendants, Robert Fulton, Jr. and ECD Services, Inc., deny all averments of liability, but i£, upon adjudication of Plaintiff's cause o£action, it is judicially determined that said Defendants are liable to the Plaintiff, liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness and/or recklessness of Co-Defendant, Verizon for which claim is hereby made for contribution or indemnity. 34. As the direct and proximate result of the foregoing, Co-Defendant, Verizon is alone liable to the Plaintiff, or liable over to Defendants, Robert Fulton, Jr. and/or ECD Services, Inc., or jointly and severally liable to the Plaintiff. WHEREFORE, Defendants, Robert Fulton, Jr. and ECD Services, Inc., demands indemnity and/or contribution, as the court may deem appropriate in their favor and against Co- Defendant, Verizon and demands that said Defendant be found solely liable to the Plaintiff, jointly and severally liable with the Answering Defendants, or liable over to the Answering Defendants, as in contribution or indemnity. Date: ,-;~ By: Attorney for Defendants VERIFICATION I, Donald M. Desseyn, Esquire, counsel for Robert Fulton, Jr. and ECD Services, Inc., Defendants herein, verify that I am authorized to execute this verification and verify that the facts set forth in the Answer, New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiff's Complaint are true and correct to the best of my knowledge, information, and belief based upon a review of the pleadings and the investigation file. This Verification is being made pursuant to Pa.R.C.P. 1024 as a representative of Robert Fulton, Jr. and ECD Services, Inc. are presently unavailable and a Verification cannot be obtained within the time allowed for filing of this pleading. Moreover, the undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: Name: Do~ CERTIFICATE OF SERVICE AND NOW, this ~>~ day of ~:),~,tt,or~/£~, 2003, I, Donald M. Desseyn, Esquire, Attorney for Defendants, Robert Fulton, Jr., and ECD Services, Inc., hereby certify that I served a copy of the within Defendants, Robert Fulton, Jr., and ECD Services Answer, New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiff's Complaint on this date by depositing same in the United States mail, first class, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Anthony P. Krzywiski, Esquire Krzywiski & Associates 49 North Sugan Road P.O. Box 505 Hew Hope, PA 18938 Verizon 125 High Street Room 1038 Boston, MA 02110 By: Do~~r¢ 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 AttomeyI.D. # 69179 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS. Robert Fulton Jr. ECD Services Inc. Verizon Defendant Civil Action - In Law No. 03-3358 PRAECIPE TO DISCONTINUE To the Prothonotary: l'laintiff PPL Electric Utilities Corp. hereby ~vithdraws and discontinues the above-captioned matter, without prejudice, pursuant to Pa. R. Civ. P. 229. Dated: February 12, 2004 By: Krzywicki and Associates /~4.ntho n,y,~. Kr z ywj~ ki /?O x 505 / ',-t~w Hope, PA I/~938 . 215-862-4390 ~ Attorney for Plaintiff Attorney I.D. 23754