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HomeMy WebLinkAbout07-2864IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., ~S. EDWIN WILLIAMS II and JEFFREY A. 3AMES, Plaintiff, Civil Action - In Law No. o7-as~~ C~'~c~ . ARBITRATION Defendants. COMPLAINT ~aric$ 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 WARNSD THAT IF YOU FAIL TO DO SO, TH8 CA38 MAY PROCBED WITHOL7T 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 TARE THI5 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTS BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PLEASE GIVE THIS PAPER TO YOUR INSURANCE CARRIER I1~DIATELY. CUI48ERLAND 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. EDWIN WILLIAMS II and JEFFREY A. JAMES, Defendants. COMPLAINT Civil Action - In Law No. ARBITRATION 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendant arising out of a vehiculaz 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, Pennsylvania, 18101. 3. Defendant, EDWIN WII..LIAMS II is an adult individual residing at 602 Kensington Avenue, Buffalo, New York, 14214. 4. Defendant, JEFFREY A. JAMES, is an adult individual residing at 239 S. 18~' Street, Apartment 1, Camp Hill, Pennsylvania, 17011. 5. 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 Plaintiff s Tariff presently on file with the Public Utility Commission. COUNTI PPL ELECTRIC UTILITIES CORP. VS. EDWIN WILLIAMS II 6. Defendant, EDWIl~t WII.LIAMS II, while operating a vehicle, collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that she: 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) failed to keep a proper lookout; d) operated said vehicle in a reckless and careless manner; e) failed to keep vehicle in the proper lane of travel; fl failed to operate the vehicle within the posted speed limit or failed to operate the vehicle at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle without due regazd for the rights, safety and position of the Plaintiff; 1 i) operated the vehicle in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles on public streets, highways and roadways; j} being negligent at the law; k) such other acts or omissions constituting cazelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 8. Defendant struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of South Thirteenth Street and Sycamore Street, Harrisburg, Dauphin County, Pennsylvania, on or about May 19, 2005. 9. Defendant's actions or inactions as set forth above aze the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $14,902.94. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $14,902.94, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. JEFFREY A. JAMES 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant JEFFREY A. JAMES was the owner of the vehicle driven by Defendant EDWIN WILLIAMS II that hit the active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, JEFFREY A. JAMES was responsible for the actions of his agent, EDWIN WILLIAMS II. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant JEFFREY A. JAMES, including negligent acts and/or omissions of Defendant as performed individually and/or by and through others permitted to drive their vehicle more specifically described as follows: a) negligently entrusting the aforesaid vehicle to Defendant, EDWIN WILLIAMS II; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant EDWIN WII.LIAMS II in the operation of his/her vehicle; c) negligently and carelessly failing to properly supervise the operation and control of said vehicle; d) negligently and cazelessly failing to act with due care and regazd for the safety of others on the streets and highways; e) violating the ordinances and the statutes of the Commonwealth of Pennsylvania governing safe operation of motor vehicles on the streets and highways; and ~ otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant JEFFREY A. JAMES, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $14,902.94. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $14,902.94, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, DATED: May 7, 2007 KRZYWICKI & ASSOCIATES Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICI~, ESQ., verify that I am the attorney for PPL ELECTRIC UTILTIES CORP. in the within case; that the Plaintiff is not available within the time for serving the foregoing to provide its Verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this Verification; and that such facts aze true and correct to the best of my knowledge, information and belief, based upon business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unswom falsification to authorities. Dated: May 7 , 2007 L~ ° C~ ~ ~ ~ r ! ?.~ ` - .~ ~ , { ~+ ~ ~ ~ (p p ~ ~ -n ~~_r U1 - {- ~~ w~ D ~ -_ a ~ ~ ,~ c.~e ° x, ~` 8 ~ 0 ~~ O KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box SOS New Hope, PA. 18938 (215)862-4390 Attorney for Plaintiff Attorney LD. 23754 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------------------------------------X PPL ELECTRIC UTILITIES CORP., Plaintiff Civil Action No. 07-2864 CIVIL vs. EDWIN WILLIAMS II and JEFFREY A. JAMES, Defendants. ------------------------------------------------------------------------X PR.AECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendants, Edwin Williams II AND Jeffrey A. James, without prejudice upon payment of your cost only. DATED: June 11, 2007 KRZYWICKI & SSC~CIATES BY: Antho P rzywic Esq. Attorney for Plai iff N ce7 C~ '7'i s.- -d.a l.? ; _' ~ 'T', ~ ~ ^ r , ~ ~~ Y_- -- __~., L,11 ,~, ~ f,__ ~ .~~ 1 ~ ~~ ....~ ,A: "~' SHERIFF'S RETURN - REGULAR CASE NO: 2007-02864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS WILLIAMS EDWIN II ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JAMES JEFFREY_ A_ was served upon the DEFENDANT ~ at 1226:00 HOURS, on the 25th day of May 2007 at 239 S 18TH STREET APARTMENT 1 CAMP HILL, PA 17011 JEFFREY A JAMES by handing to a true 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 So Answers: 18.00 ~.;° . 0 0 ~" ~,.,- =emu ~' ~~~..F 10.00 R. Thomas Kline 4~6~~6 7 ~„ / 71.2 0 Sworn and Subscibed to before me this day of , 05/29/2007 KRZYWICKI & ASSOCIATES By : ~ Gam-' ~" De u y Sheriff A.D.