HomeMy WebLinkAbout07-4930IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILIIZES CORP.,
Plaintiff, : Civil Action - In Law
vs. No.
07 - Hg3a Ci vi l ~rM
STEVEN R. SNYDER, a Minor, and ARBITRATION
RAY G. SNYDER, JR. and KATHI JO
SNYDER, as Parents and Guardians of .
STEVEN R. SNYDER, and RAY G. :
SNYDER, JR., individually,
Defendants. :
COMPLAINT
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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 1QlRt1ED '!~1-T IF YOU FAIL TO DO SO, T'HE C113E l~RY
PROCEED NITHOUT 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 THIS PAPER TO YOUR LAWYER
AT ONCE. IF YOU DO NOT HAVg A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE TH8
OFFICE SET FORTH BELOW TO FIND OUT MERE
YOU ClIN GET LEGoAL HBLP .
CDI~ERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVBNpE
CARLISLE, PA. 17013-3387
(?17) 249-3166
(800) 990-9108
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP.,
vs.
Plaintiff,
Civil Action - In w
No. a ~- y93a L~ ?-.~,.....
STEVEN R. SNYDER, a Minor, and
RAY G. SNYDER, JR and KATHI JO
SNYDER, as Parents and Guardians of
STEVEN R. SNYDER, and RAY G.
SNYDER, JR., individually,
Defendants
COMPLAINT
ARBITRATION
I, This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover
damages from Defendant arising out of a 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,
Pennsylvania, 18101.
3. Defendant STEVEN R. SNYDER, is a Minor under eighteen (18) years of age
residing with his parents and Guardians at 138 Linda Drive, Mechanicsburg, Pennsylvania,
17050.
4. Defendants RAY G. SNYDER, JR. and KATHI JO SNYDER, are both adult
individuals and the parents and Guardians of STEVEN R. SNYDER, both residing at 138 Linda
Drive, Mechanicsburg, Pennsylvania, 17050.
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 R.ate Schedules and General Rules and Regulations of
Plaintiffs Tariff presently on file with the Public Utility Commission.
COUNTI
PPL ELECTRIC UTILITIES CORP. VS.
STEVEN R SNYDER and RAY G. SNYDE JR and KATHI JO S E
as Parents and Guardians of STEVEN R SNYDER
6. Defendant STEVEN R. SNYDER, a minor under 18 yeazs of age, while operating
a vehicle, collided with and damaged property owned by Plaintiff.
7. Defendant negligently operated the vehicle in that he/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;
0
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; and
k) such other acts or omissions constituting carelessness, negligence and
recklessness may be ascertained during discovery or developed at the time
of trial.
8. Defendant STEVEN R. SNYDER struck and damaged a utility pole and overhead
facilities owned and operated by PPL ELECTRIC UTILITIES CORP. in the vicinity of
Sherwood Drive, Middlesex Township, Cumberland County, Pennsylvania, on or about January
11, 200?.
9. Defendants RAY G. SNYDER, JR. and KATHI JO SNYDER, as the parents and
Guardians of STEVEN R. SNYDER, are vicariously responsible for the acts of their child.
10. Defendants did not exercise due care and did not take all reasonable steps to avoid
damage or injury to property owned by PPL ELECTRIC UTILITIES CORP.
11. Defendants' actions or inactions as set forth above are the proximate cause of the
damages as set for above and herein.
12. Plaintiff made demand on Defendants to repay the sums then due and owing to
Plaintiff, but Defendant has refused to pay Plaintiff.
13. Plaintiff has been damaged in the amount of $17,747.67, including costs and
attorneys' fees.
WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against
the Defendant in an amount of $17,747.67, together with pre judgment and post-judgment
interest, punitive damages and delay damages as the law may allow.
COUNT II
PPL ELECTRIC UTII,ITIES CORP. VS. RAY G. SNYDE JR.
14. Paragraphs 1 through 13 are incorporated as referenced as if fully set forth herein.
15. At all time relevant hereto, Defendant RAY G. SNYDER, JR. was the owner of
the vehicle driven by Defendant STEVEN R. SNYDER that hit the active utility pole and
overhead facilities.
16. At the time of the aforesaid accident, Defendant, RAY G. SNYDER, JR. was
responsible for the actions of his agent, STEVEN R. SNYDER.
17. The aforementioned damages were the direct and proximate result of the
negligence of Defendant RAY G. SNYDER, JR. 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, STEVEN R.
SNYDER;
b) negligently and carelessly failing to properly and adequately supervise and/or train
Defendant STEVEN R. SNYDER 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 Gaze 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.
18. As a direct and proximate result of the negligence of Defendant RAY G.
SNYDER, JR., Plaintiff sustained damages as described above.
19. Plaintiff has been damaged in the amount of $17,747.67, including costs and
attorneys' fees.
WHEREFORE, Plaintiff PPL ELECTRIC UTII.ITIES CORP. demands judgment against
the Defendant in an amount of $17,747.67, together with pre judgment and post judgment
interest, punitive damages and delay damages as the law may allow.
Respectfully submitted,
DATED: August 15, 2007
KRZYWICKI &
(21 S) 862-4390
Attorney for Plaintiff
Attorney I.D. 23754
CATION
Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, 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 aze made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn
falsification to authorities.
Dated: August 15, 2007
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04930 P
1
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PPL ELECTRIC UTILITIES CORP
VS
STEVEN R SNYDER ET AL
KENNETH GOSSERT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SNYDER STEVEN R MINOR the
DEFENDANT at 1827:00 HOURS, on the 29th day of August 2007
at 138 LINDA DRIVE
MECHANICSBURG, PA 17050 by handing to
RAY SNYDER JR (FATHER)
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
18.00
8.64
.00
10.00
.00
tr36.64
So Answer '~~~
Sworn and Subscibed to
before me this day
of ,
R. Thomas Kline
08/30/2007
KRZYWICKI & ASSOCIATES
BY=
A.D.
3
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Y~ 1
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04930 P
r COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PPL ELECTRIC UTILITIES CORP
VS
STEVEN R SNYDER ET AL
KENNETH GOSSERT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SNYDER RAY G JR the
DEFENDANT at 1827:00 HOURS, on the 29th day of August 2007
at 138 LINDA DRIVE
MECHANICSBURG, PA 17050
by handing to
RAY SNYDER JR
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 6.00
Service .00
Affidavit . 0 0
Surcharge 10.00
.00
q'w~o1 ~ „/ 16.0 0
Sworn and Subscibed to
before me this day
of ,
So Answers:
.~E~
" !~
R. Thomas Kline
08/30/2007
KRZYWICKI & ASSOCIATES
By:
A.D.
SHERIFF'S RETURN - REGULAR
,. CASE NO: 2007-04930 P
•
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PPL ELECTRIC UTILITIES CORP
VS
STEVEN R SNYDER ET AL
KENNETH GOSSERT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,.
says, the within COMPLAINT & NOTICE was served upon
SNYDER KATHI JO
DEFENDANT
the
at 1827:00 HOURS, on the 29th day of August 2007
at 138 LINDA DRIVE
MECHANICSBURG, PA 17050
by handing to
RAY SNYDER JR (HUSBAND)
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
(~,,, q ~,~~ b'~ 16.0 0
Sworn and Subscibed to
before me this day
of ,
So Answers:
" /- .~E
R. Thomas Kline
08/30/2007
KRZYWICKI & ASSOCIATES
By:
A.D.
KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
P.O. Box SOS
New Hope, PA. 18938
(215)862-4390
Attorney for Plaint
Attorney I.D. 23754
COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP.,
Plaintiff Civil Action No.
07-4930 Civil Term
vs.
STEVEN R. SNYDER, a Minor, and
RAY G. SNYDER, JR. and KATHI JO
SNYDER, as Parents and Guardians of
STEVEN R. SNYDER, and RAY G.
SNYDER, individually
Defendants.
PRAECIPE TO SETTLE, DISCONTINiJE, AND END
TO THE PROTHONOTARY:
Kindly mark this matter Settled, Discontinue, and End again t
the defendants, Steven R. Snyder, a Minor, and Ray G. Snyder, Jr. and Kathi Jo Snyd r,
as Farents and Guardians of Steven R. Snyder, AND Ray G. Snyder, Jr., individual) ,
without prejudice upon payment of your costs only.
KRZYWICKI &.ASSOCIATES
DATED: September 17, 2007
BY:
thon F~z~rr~clc~ Esq.
to ev f lainti f
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